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2013/11/20 - Agenda Packet
city of 10500 Civic Center Drive Rancho Cucamonga, CA 91730-3801 City Office: (909)477-2700 AGENDAS FIRE PROTECTION DISTRICT BOARD PUBLIC FINANCING AUTHORITY CITY COUNCIL REGULAR MEETINGS 1st and 3rd Wednesdays -0 7:00 P.M. NOVEMBER 20, 2013 ORDER OF BUSINESS CLOSED SESSION Tapia Conference Room 5:00 P.M. Call to Order Public Communications Conduct of Closed Session City Manager Announcements REGULAR MEETINGS Council Chambers 7:00 P.M. MEMBERS MAYOR L. Dennis Michael MAYOR PRO TEM Sam Spagnolo COUNCIL MEMBERS William Alexander Marc Steinorth Diane Williams CITY MANAGER John R. Gillison et ' CITY ATTORNEY James L. Markman • F u � � r CITY CLERK Janice C. Reynolds 1`�� ,��^ � ' 3 'OR INFORMATION FOR THE PUBLIC • **� ,apAutio acAMONGA TO ADDRESS THE FIRE BOARD, PUBLIC FINANCING AUTHORITY, SUCCESSOR AGENCY AND CITY COUNCIL The Fire Board, Public Financing Authority,Successor Agency and City Council encourage free expression of all points of view. To allow all persons to speak, given the length of the Agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others,the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Fire Board, Public Financing Authority,Successor Agency and City Council by filling out a speaker card and submitting it to the City Clerk. The speaker cards are located on the wall at the back of the Chambers, at the front desk behind the staff table and at the City Clerk's desk. If as part of your presentation, you would like to display visual material, please see the City Clerk before the meeting commences. Any handouts for the Fire Board, Public Financing Authority, Successor Agency or City Council should be given to the City Clerk for distribution. During"Public Communications,"your name will be called to speak on any item listed or not listed on the agenda in the order in which it was received. The "Public Communications" period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other"Public Communications"which have not concluded during this one-hour period may resume after the regular business portion of the agenda has been completed. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. If you are present to speak on an"Advertised Public Hearing"or on an"Administrative Hearing"Item(s),your name will be called when that item is being discussed, in the order in which it was received. Comments are to be limited to five minutes per individual or less,as deemed necessary by the Chair,depending upon the number of individuals desiring to speak. AGENDA BACK-UP MATERIALS Staff reports and back-up materials for agenda items are available for review at the City Clerk's counter, the City's Public Library(-ies) and on the City's website. A complete copy of the agenda is also available at the desk located behind the staff table during the Council meeting. LIVE BROADCAST Fire Board, Public Financing Authority, Successor Agency and City Council meetings are broadcast live on Channel 3 for those with cable television access. Meetings are rebroadcast on the second and fourth Wednesdays of each month at 11:00 a.m. and 7:00 p.m. The City has added the option for customers without cable access to view the meetings "on-demand"from their computers. The added feature of"Streaming Video On Demand"is available on the City's website at www.cityofrc.us/cityhall/councilivideos.asp for those with Hi-bandwidth (DSUCable Modem) or Low-bandwidth (Dial-up) Internet service. The Fire Board, Public Financing Authority,Successor Agency and City Council meet regularly on the first and third Wednesday of the month at 7:00 p.m.in the Council Chambers located at 10500 Civic Center Drive. Members of the City Council also sit as the Fire Board,Public Financing Authority,Successor Agency and City Council. Copies of the agendas and minutes can be found @ www.citvofrc.us If you need special assistance or accommodations to participate in this meeting, please acontact the City Clerk's office at (909) 477-2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. Please turn off all cellular phones and pagers while the meeting is in session. FIRE PROTECTION DISTRICT, sys •• •. PUBLIC FINANCING AUTHORITY AND 1 • :7.'J CITY COUNCIL AGENDA ,llJ1NCAiO aCAMON,.iA NOVEMBER 20, 2013 A. 05:00 P.M. — CLOSED SESSION CALL TO ORDER — TAPIA CONFERENCE ROOM IF Al. Roll Call: Mayor Michael Mayor Pro Tern Spagnolo Council Members Alexander, Steinorth and Williams CLOSED SESSION CALLED TO ORDER AS THE FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY AND CITY COUNCIL. IB. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) IC. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) I ID. CONDUCT OF CLOSED SESSION — TAPIA CONFERENCE ROOM I D1. CONFERENCE WITH LABOR NEGOTIATOR LORI SASSOON PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION, THE MID-MANAGER, SUPERVISORY/PROFESSIONAL GROUP, THE GENERAL LABOR GROUP, THE EXECUTIVE MANAGEMENT EMPLOYEES, THE RANCHO CUCAMONGA FIREFIGHTER ASSOCIATION LOCAL 227, THE FIRE SUPPORT GROUP AND THE FIRE MANAGEMENT GROUP– CITY, FIRE D2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956. 8 FOR PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF ARCHIBALD AVENUE, SOUTH OF BASE LINE ROAD, DENTIFIED AS 7418 ARCHIBALD AVENUE; NEGOTIATING PARTIES: LINDA D. DANIELS. ASSISTANT CITY MANAGER. CITY OF RANCHO CUCAMONGA; AND EUNICE BOBERT, ORANGE HOUSING DEVELOPENT CORPORATION — HOUSING SUCCESSOR AGENCY D3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PUPSUANT TO GOVEERNMENT CODE SECTION 54956.8 REGARDING REAL PROPERTY LOCATED AT 8846 SAN BERNARDINO ROAD AND 7948 VINEYARD AVENUE, NORTH SIDE OF SAN BERNARDINO ROAD, WEST OF VINEYARD, IDENTIFIED AS PARCEL NUMBERS 0207-101-48 AND 0207-091-56, 57. NEGOTIATING PARTIES: PAMELA J. PANE, MANAGEMENT ANALYST II AND KIRSTEN R. BOWMAN, ESQ. ON BEHALF OF THE DISTRICT AND CHYI CHEN HONG AND JOHNSON HONG OF HOME AND LAND, LLC. UNDER NEGOTIATION: PRICE AND TERMS– FIRE FIRE PROTECTION DISTRICT, f-.j PUBLIC FINANCING AUTHORITY AND 2 • .•'J CITY COUNCIL AGENDA 1IO CAMONuA NOVEMBER 20, 2013 D4. CONFERENCE WITH PROPERTY NEGOTIATORS FOR THE CITY PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 13089 FALLING OAK DRIVE IN THE CITY OF RANCHO CUCAMONGA AND IDENTIFIED AS APN 0227-693-54; NEGOTIATING PARTIES: KIRSTEN R. BOWMAN, ATTORNEY AT LAW, AND JASON WELDAY, TRAFFIC ENGINEER, CITY OF RANCHO CUCAMONGA; AND PROPERTY OWNERS, GERALD LOPEZ AND DANNELLE R. CARPIO, AND THEIR DESIGNATED REPRESENTATIVES REGARDING REAL PROPERTY INTERESTS TO BE ACQUIRED AS PART OF THE INTERSTATE 15 AND BASE LINE ROAD INTERCHANGE PROJECT - CITY D5. CONFERENCE WITH PROPERTY NEGOTIATORS FOR THE CITY PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 13539 BASELINE AVENUE IN THE CITY OF FONTANA AND IDENTIFIED AS APN 1100-771-01; NEGOTIATING PARTIES: KIRSTEN R. BOWMAN, ATTORNEY AT LAW, AND JASON WELDAY, TRAFFIC ENGINEER, CITY OF RANCHO CUCAMONGA; AND PROPERTY OWNERS, TESORO SIERRA PROPERTIES, LLC, AND THEIR DESIGNATED REPRESENTATIVES REGARDING REAL PROPERTY INTERESTS TO BE ACQUIRED AS PART OF THE INTERSTATE 15 AND BASE LINE ROAD INTERCHANGE PROJECT - CITY D6. CONFERENCE WITH PROPERTY NEGOTIATORS FOR THE CITY PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 13349 BASELINE AVENUE, 13451 BASELINE AVENUE, AND 13479 BASELINE AVENUE IN THE CITY OF FONTANA AND IDENTIFIED AS APN 1100-771-02, -03, AND -09; NEGOTIATING PARTIES: KIRSTEN R. BOWMAN, ATTORNEY AT LAW, AND JASON WELDAY, TRAFFIC ENGINEER, CITY OF RANCHO CUCAMONGA; AND PROPERTY OWNERS, PACIFIC/COSTANZO/LEWIS-FONTANA, A CALIFORNIA GENERAL PARTNERSHIP AND PACIFIC DEVELOPMENT GROUP, AND THEIR DESIGNATED REPRESENTATIVES REGARDING REAL PROPERTY INTERESTS TO BE ACQUIRED AS PART OF THE INTERSTATE 15 AND BASE LINE ROAD INTERCHANGE PROJECT - CITY E. CITY MANAGER ANNOUNCEMENTS IF F. RECESS I CLOSED SESSION TO RECESS TO THE REGULAR FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL MEETINGS AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. FIRE PROTECTION DISTRICT, • PUBLIC FINANCING AUTHORITY AND 3 ••• j1 •,`.• CITY COUNCIL AGENDA aGMONGA NOVEMBER 20, 2013 G. REGULAR MEETING CALL TO ORDER - 7:00 P.M. COUNCIL CHAMBERS THE REGULAR MEETINGS OF THE FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL WILL BE CALLED TO ORDER. IT IS THE INTENT TO CONCLUDE THE MEETINGS BY 10:00 P.M., UNLESS EXTENDED BY CONCURRENCE OF THE FIRE BOARD, AUTHORITY BOARD AND COUNCIL. G1. Pledge of Allegiance G2. Roll Call; Mayor Michael Mayor Pro Tern Spagnolo Council Members Alexander, Steinorth and Williams H. ANNOUNCEMENTS/PRESENTATIONS I H1. Presentation of Proclamation to Nancy Cisneros in recognition of her service to the Rancho Cucamonga community and the Inland Empire as Regional Manager of the League of California Cities Inland Empire Division. H2. Presentation of a Plaque to Jackie Amsler for her 25 Years of Services as Announcer of the Founders Day Parade. H3. Presentation regarding West-Side Neighborhood Parks and Street Lighting public engagement process. H4. Introduction of newly assigned Police Personnel; • Darrick Moitosos, Deputy • Jason Salinas, Deputy • Aaron Rodriguez, Detective • Jason Calvert, Detective I. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Fire Protection District, Public Financing Authority Board and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Public Financing Authority Board and City Council from addressing any issue not previously included on the Agenda. The Fire Board, Public Financing Authority Board and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Authority Board or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. FIRE PROTECTION DISTRICT, ;• PUBLIC FINANCING AUTHORITY AND 4 CITY COUNCIL AGENDA acAMONGA NOVEMBER 20, 2013 The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Fire Board/Successor Agency/Authority Board/Council at one time without discussion. Any item may be removed by a Fire Board/Successor Agency/Authority Board/Council Member for discussion. J. CONSENT CALENDAR — FIRE PROTECTION DISTRICT J1. Approval of Minutes: November 6, 2013 (Regular Meeting) J2. Approval of Check Register dated October 30, 2013 through November 12, 2013 for the 1 total of $145,010.17. K. CONSENT CALENDAR — PUBLIC FINANCING AUTHORITY K1. Approval of Minutes: November 6, 2013 (Regular Meeting) L. CONSENT CALENDAR — CITY COUNCIL L1. Approval of Minutes: November 6, 2013 (Special Meeting) ___ November 6, 2013 (Regular Meeting) L2. Approval of Check Register dated October 30, 2013 through November 12, 2013 and 5 payroll ending November 12, 2013 for the total of$3,365,205.22. L3. Accept the bids received and award and authorize the execution of the contract in the 52 amount of $26,950.00, to the lowest responsive bidder, CTG Construction, Inc., and authorize the expenditure of a 10% contingency in the amount of $2,695.00, for the Cultural Center Lobby Painting project to be funded from Account No. 1025001-5602. L4. Approval of a Self Generation Facility Interconnection Agreement for RCMU Customers 53 and to delegate the authority to enter into future Self Generation Facility Interconnection Agreements to the City Engineer or his designee. L5. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of 67 Sidewalk Improvements at 9th Street from Hellman Avenue to Old Spur Track and Baker Avenue from 8th Street to 9th Street, to be funded from Safe Routes to School Grant, Gas Tax and Citywide Infrastructure Funds. FIRE PROTECTION DISTRICT, .- PUBLIC FINANCING AUTHORITY AND 5 •• CITY COUNCIL AGENDA CAMOr+cA NOVEMBER 20, 2013 RESOLUTION NO. 13-196 69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF "SIDEWALK IMPROVEMENTS AT 9TH STREET FROM HELLMAN AVENUE TO OLD SPUR TRACK AND BAKER AVENUE FROM 8TH STREET TO 9TH STREET", IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS L6. Release of Maintenance Guarantee Bond No. 1000826434 in the amount of $25,415.19 for 73 the Manzanita Drive Storm Drain Improvements, Contract No. 12-043. L7. Release of Faithful Performance Bond No. 1000826424 held in lieu of a Maintenance 75 Guarantee Bond in the amount of $195,183.58 for the Etiwanda Creek Park Parking Lot Renovation and West Beryl Park ADA Retrofit, Contract No. 12-039. L8. Approval of a Cooperative Agreement between the City of Fontana and the City of Rancho 78 Cucamonga for maintenance of landscape improvements related to the Interstate 15 at Base Line Road Interchange Project. L9. Approval of a Cooperative Agreement between the Inland Empire Utilities Agency and the 91 City of Rancho Cucamonga for the relocation of reclaimed water facilities in conjunction with the Interstate 15 at Base Line Road Interchange Project. L10. Approval of a Reimbursement Agreement between City of Rancho Cucamonga and City of 97 Fontana for Interstate 15 at Base Line Road Interchange improvements. L11. Authorization to appropriate the amount of $24,312.54 into Account Number 1361701-5606 105 from Federal Byrne JAG Grant Funds for the purchase of Command Center Furniture for the Video Control and Monitoring Room for the Police Department's Public Safety Video Network. L12. Authorization to appropriate funding to upgrade the Video Forensics Computer for the 117 Police Department in the amount of $26,590.12 Funded from Federal Byrne JAG Grant Funds into Account Numbers 1356701-5605 ($8,115.44) and 1 361 701-5605 ($18,474.68.) L13. Accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond 132 and file a Notice of Completion for improvements for DRC2011-00255, located 13195 Whittram Avenue, submitted by All State Paper and Metal Recycling CO., Inc. RESOLUTION NO. 13-200 134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2011-00255 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK FIRE PROTECTION DISTRICT, :•• • PUBLIC FINANCING AUTHORITY AND 6 • ':•` CITY COUNCIL AGENDA •-.• sitou.tfO(JCMONGA NOVEMBER 20, 2013 L14. Accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond 135 and file a Notice of Completion for improvements for Tract 18096, located at the Southwest Corner of East Avenue and Via Veneto Drive, submitted by Rancho Victoria Meadows, LLC. RESOLUTION NO. 13-201 137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 18096 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK L15. Approval to purchase Dell Equallogic storage area network hardware and maintenance 137-1 through Dell Direct in the amount of $142,798. M. ADVERTISED PUBLIC HEARINGS — FIRE, CITY The following items have been advertised and/or posted as public hearings as required b 9 P P 9 9 by law. The President/Mayor will open the meeting to receive public testimony. Ml. CONSIDERATION OF ADOPTION OF THE 2013 CALIFORNIA FIRE CODE — On October 138 16, 2013, a first reading of Ordinance No. FD 54 was held and a public hearing was scheduled for November 20, 2013. The effective date of said Ordinance and referenced Fire Standards is Wednesday, January 1, 2014. ORDINANCE NO. FD 54 (SECOND READING) 141 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT ADOPTING BY REFERENCE THE 2013 CALIFORNIA FIRE CODE, WITH ERRATA, TOGETHER WITH CERTAIN CHANGES, MODIFICATIONS, AMENDMENTS, ADDITIONS, DELETIONS, AND EXCEPTIONS; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES; AND REPEALING CONFLICTING ORDINANCES. M2. CONSIDERATION OF ADOPTION OF THE 2013 CALIFORNIA BUILDING CODES — On 198 October 16, 2013, a first reading of Ordinance No. 862 was held and a public hearing was scheduled for November 20, 2013. It is duly noted that Thursday, December 19, 2013, will be the last day a permit will be filed under current Code standards; the effective date of said Ordinance will be January 1, 2014. FIRE PROTECTION DISTRICT, '4217 PUBLIC FINANCING AUTHORITY AND 7 L CITY COUNCIL AGENDA .,.. piermexicAmoNGA NOVEMBER 20, 2013 ORDINANCE NO. 862 (SECOND READING) 200 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTERS 15.04, 15.12, 15.16, 15.20, AND 15.24 OF TITLE 15, OF THE RANCHO CUCAMONGA MUNICIPAL CODE, AND ADOPTING BY REFERENCE THE 2013 CALIFORNIA BUILDING CODE, INCORPORTING THE "INTERNATIONAL BUILDING CODE, VOLUMES 1 AND 2," 2012 EDITION, INCLUDING APPENDICES THERETO; 2013 CALIFORNIA RESIDENTIAL CODE, INCORPORATING THE "INTERNATIONAL RESIDENTAL CODE," 2012 EDITION, INCLUDING APPENDICES THERETO; THE 2013 CALIFORNIA MECHANICAL CODE, INCORPORATING THE "UNIFORM MECHANCIAL CODE," 2012 EDITION, INCLUDING APPENDICES THERETO; THE 2013 CALIFORNIA PLUMBING CODE, INCORPORATING THE "UNIFORM PLUMBING CODE," 2012 EDITION, INCLUDING APPENDICES THERETO; THE 2013 CALIFORNIA ELECTRICAL CODE, INCORPORATING THE "NATIONAL ELECTRICAL CODE,: 2011 EDITION, INCLUDING ANNEXES THERETO; 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE, INCLUDING APPENDICES THERETO; TOGETHER WITH CERTAIN AMENDMENTS, DELETIONS, ADDITIONS, AND EXCEPTIONS M3. Consideration of a Resolution setting forth findings with respect to Local Conditions within 219 the City of Rancho Cucamonga which make certain modifications and changes to the 2013 Edition of the California Building Code, the California Residential Code, the California Plumbing Code, the California Mechanical Code, and the California Electrical Code Necessary. RESOLUTION NO. 13-197 220 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SETTING FORTH FINDINGS WITH RESPECT TO LOCAL CONDITIONS WITHIN THE CITY OF RANCHO CUCAMONGA WHICH MAKE CERTAIN MODIFICATIONS AND CHANGES TO THE 2013 EDITION OF THE CALIFORNIA BUILDING CODE, THE CALIFORNIA RESIDENTIAL CODE, THE CALFIORNIA PLUMBING CODE, THE CALIFORNIA MECHANICAL CODE, AND THE CALIFORNIA ELECTRICAL CODE NECESSARY M4. DEVELOPMENT CODE AMENDMENT DRC2013-00873 AND ADDENDUM TO GENERAL 224 PLAN FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT (FPEIR) (SCH #2000061027) - CITY OF RANCHO CUCAMONGA - A supplement to the Development Code Update (DRC2010-00571) amending Title 17 (Development Code) of the Rancho Cucamonga Municipal Code to clarify definitions, administrative procedures and correct prior errors and omissions. An Addendum to the General Plan FPEIR has been prepared for this project. fif!X FIRE PROTECTION DISTRICT, .� PUBLIC FINANCING AUTHORITY AND 8 is� • 'e CITY COUNCIL AGENDA NOVEMBER 20, 2013 ORDINANCE NO. 863 (FIRST READING) 245 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2013-00873, A SUPPLEMENTAL UPDATE TO THE DEVELOPMENT CODE; AND MAKING FINDINGS IN SUPPORT THEREOF. M5. Consideration of a Resolution to establish a standby capacity charge tariff within the Rancho Cucamonga Municipal Utility Service area, pursuant to the requirements and 261 authority of Chapter 3.46 of Title 3 of the Rancho Cucamonga Municipal Code. RESOLUTION NO. 13-198 266 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO ESTABLISH A STANDBY DEMAND CAPACITY RESERVATION CHARGE TARIFF WITHIN THE RANCHO CUCAMONGA MUNICIPAL UTILITY SERVICE AREA PURSUANT TO THE REQUIREMENTS AND AUTHORITY OF CHAPTER 3.46 OF TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE. N. ADMINISTRATIVE HEARING ITEMS Speaker cards may be submitted for all those who wish to speak on the following topic(s). The following items have no legal publication or posting requirements. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals wishing to speak. All communications are to be addressed directly to the Fire Board, Authority Board or City Council, not to members of the audience. N1. Approval of a Resolution of the City Council of the City of Rancho Cucamonga adopting a 267 Renewable Energy Resources Procurement Plan. RESOLUTION NO. 13-199 275 A RESOLUTION OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A RENEWABLE ENERGY RESOURCES PROCUREMENT PLAN 0. CITY MANAGER'S STAFF REPORT 1 The following items have no legal publication or posting requirements. 01. Presentation and discussion of San Bernardino County Court Reorganization. 276 02. Update on Senior Nutrition Services provided by Family Services Association. 283 03. Presentation of Engineering's Annual Report.(Oral Report) ___ FIRE PROTECTION DISTRICT, am., PUBLIC FINANCING AUTHORITY AND • _•• CITY COUNCIL AGENDA . ,O 01CAMONGA NOVEMBER 20, 2013 P. COUNCIL BUSINESS I The following items have been requested by the City Council for discussion. P1. CONSIDERATION OF A RECOMMENDATION FROM THE COMMUNITY SERVICES 286 SUBCOMMITTEE'S REGARDING AN APPOINTMENT TO THE RANCHO CUCAMONGA COMMUNITY & ARTS FOUNDATION'S BOARD OF DIRECTORS. P2. CONSIDERATION OF CITY COUNCIL COMMUNITY SERVICES SUBCOMMITTEE'S 287 RECOMMENDATION REGARDING APPOINTMENTS TO THE PARK AND RECREATION COMMISSION. P3. INTER-AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) P4. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council ___ Member.) Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING R. ADJOURNMENT 1 I, Debra L. McNay, Assistant City Clerk/Records Manager, of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on November 14, 2013, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. November 6, 2013 RANCHO CUCAMONGA CITY COUNCIL SPECIAL MEETING MINUTES A. CALL TO ORDER I The special meeting of the Rancho Cucamonga City Council convened in the Tri-Communities Room at the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor L. Dennis Michael called the meeting to order at 3:30 p.m. Present were Councilmembers: Bill Alexander, Marc Steinorth, Diane Williams, Mayor Pro Tern Sam Spagnolo and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Jim Markman, City Attorney; Linda Daniels, Assistant City Manager; Lori Sassoon, Deputy City Manager/Administrative Services; Jeff Bloom, Deputy City Manager/Economic & Community Development (4:20 p.m.); Bill Wittkopf, Public Works Services Director; Candyce Burnett, Planning Manager; Nettie Nielsen, Community Services Director; Tamara Layne, Finance Director; Ingrid Bruce, GIS/Special Districts Manager and Debra McNay, Records Manager/Assistant City Clerk. Ruth Bernstein, Principal, EMC Research was also present. B. PUBLIC COMMUNICATIONS No communication was made from the public. C. ITEM FOR DISCUSSION Cl DISCUSSION CONCERNING THE CITY'S WEST-SIDE LANDSCAPING AND STREET LIGHTING DISTRICTS City Manager John Gillison reported that the purpose of the meeting was to follow up on the discussion held regarding the landscaping and street light maintenance districts on the west side of the City. As requested, Ms. Bernstein from EMC Research was present at today's meeting in order to discuss the structure and implementation of the survey. Jim Markman, City Attorney, noted that Council Member Steinorth has discussed his property interests with him and has been advised that he may participate in this general discussion. When it is time to consider action on a specific District, Mr. Markman indicated that Council Member Steinorth has been advised to abstain from the discussion and voting. In response to Council Member Williams, Mr. Markman noted that the property interests of the City Council members have been reviewed. Council Member Williams and the remaining Council members may participate in any future decisions regarding these Districts. Council Member Steinorth has been advised to abstain when the time comes to discuss and vote on district balloting and formation. Deputy City Manager Lori Sassoon reported that staff had spent time considering the feedback that was provided by the City Council at the last meeting. The first item to be addressed was whether or not funding could be gathered for additional one-time capital investments. Mrs. Sassoon affirmed that this could be done, noting that a capital improvement list could be created for each District; the District could * DRAFT * Special Meeting— City's West-Side Landscaping and Street Lighting Districts 3:30 PM — November 6, 2013—City Council Minutes— Page 1 of 3 obtain a temporary advance to fund these projects after it was approved by the property owners and repayment of this temporary advance could be done as part of the newly-approved assessment rates. When the advance is completely repaid, the rates would be adjusted downward accordingly. It is possible that the property owners may favor creating a new capital improvement list at that time, triggering another temporary advance and maintaining the assessment rate. Mrs. Sassoon indicated that Attachment A to the staff report provides a comparison of the proposed rates and the proposed alternate rates including some capital improvements. Mrs. Sassoon suggested that the discussion with the property owners include dialogue about a capital improvement list and the slightly higher rate. Council Member Steinorth concurred with the concept, noting that this would provide an added benefit to the property owners. Also, the City would be able to obtain feedback on the type of capital improvements to include in each District. Council Member Alexander noted that artificial turf and drought tolerant landscaping should be placed wherever possible. Mayor Pro Tern Spagnolo stated that we are heading in the right direction and stressed the importance of a clear and concise message during the community engagement process. Council Member Alexander inquired if the survey could address Central Park development. Discussion was held. Mayor Michael noted that Central Park is a City-wide issue while the survey will only be conducted on the west side of the City. Also, he noted the need to keep the survey as straight forward as possible. Council Member Williams indicated that her assessment will rise quite a bit. She was concerned with how other property owners will feel about this and whether or not they would support it. Ruth Bernstein, Principal, EMC Research addressed the City Council, noting that the number of residential properties in two of the Districts was too small for a survey to be beneficial. This is due to the large amount of commercial and/or industrial development in those two Districts. Mrs. Bernstein indicated that reaching a prospective voter was possible for residential properties. Surveying in Bear Gulch Park and Hermosa and Church Park is not included in the survey work, because the number of residential properties is so small. In response to Council Member Alexander, Mrs. Bernstein read some examples of survey questions that could be used. Mrs. Sassoon noted that the survey will include the actual ballot question, which is crafted very carefully from a legal standpoint. Mrs. Bernstein conformed that demographics are important and indicated that this data will be carefully monitored to be sure that surveys are gathered from property owners who are expected to vote. In response to Council Member Steinorth, Mrs. Bernstein confirmed that the survey work that was done last time was in line with the votes that were actually received later on in the process. Mayor Michael wondered how contact will be made with the owners of the commercial and industrial areas. In response, Mrs. Sassoon indicated that staff would be contacting the Chamber of Commerce and send a specific mailer(s) to the property owners in this group. Also, she stated that the major property owners will be identified so that individual outreach can occur. Discussion was held regarding absent property owners and how contact can be made to the property owners of commercial and industrial properties. Mrs. Sassoon also reported that information has been shared at recent School Superintendent's meetings and with the School Board. Mayor Michael suggested that the mobile home park managers should be identified and contacted. In conclusion, Mrs. Sassoon reported that the next steps would be to fine-tune the assessment amounts and the capital improvement projects to propose. Work is underway in engaging the community and she expected to finalize and conduct the survey in January, 2014. * DRAFT * Special Meeting—City's West-Side Landscaping and Street Lighting Districts 3:30 PM — November 6, 2013—City Council Minutes— Page 2 of 3 Mrs. Sassoon reported that all of the informational material will be reviewed by the attorneys to be sure that the communication and the methods used are appropriate. She also indicated that these Districts will be referred to as "Parks and Street Lighting Districts" rather than "Landscaping Maintenance Districts." In response to Mayor Michael, Mrs. Sassoon indicated that she would keep the Council informed of when the mailers would go out and when the survey work starts. She expected that the first mailer would be sent in late December. She indicated that she would be making a PowerPoint presentation at the next City Council meeting as part of the community engagement process. + # # k # # D. ADJOURNMENT Mayor L. Dennis Michael adjourned the meeting at 4:36 p.m. Respectfully submitted, Debra L. McNay, MMC Assistant City Clerk/Records Manager Approved: * * * * * * DRAFT * Special Meeting— City's West-Side Landscaping and Street Lighting Districts 3:30 PM — November 6, 2013—City Council Minutes— Page 3 of 3 November 6, 2013 RANCHO CUCAMONGA CITY COUNCIL, FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY CLOSED SESSION, SPECIAL AND REGULAR MEETINGS MINUTES A. CALL TO ORDER The Rancho Cucamonga City Council and Fire Protection District held a closed session on Wednesday, November 6,2013 in the Tapia Room at the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:00 p.m. by Mayor L. Dennis Michael. Present were Council/Fire Protection District Members: Bill Alexander, Diane Williams, Marc Steinorth, Mayor Pro TemNice President Sam Spagnolo and Mayor/President L. Dennis Michael. Also present were: John Gillison, City Manager; City Attorney James Markman; Linda Daniels, Assistant City Manager and Lori Sassoon, Deputy City Manager/Administrative Services. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) The following closed session items were considered: D1. CONFERENCE WITH LABOR NEGOTIATOR LORI SASSOON PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION, THE MID-MANAGER, SUPERVISORY/PROFESSIONAL GROUP, THE GENERAL LABOR GROUP, THE EXECUTIVE MANAGEMENT EMPLOYEES, THE RANCHO CUCAMONGA FIREFIGHTER ASSOCIATION LOCAL 227, THE FIRE SUPPORT GROUP AND THE FIRE MANAGEMENT GROUP— CITY, FIRE D2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PUPSUANT TO GOVEERNMENT CODE SECTION 54956.8 REGARDING REAL PROPERTY LOCATED AT 8846 SAN BERNARDINO ROAD AND 7948 VINEYARD AVENUE, NORTH SIDE OF SAN BERNARDINO ROAD,WEST OF VINEYARD, IDENTIFIED AS PARCEL NUMBERS 0207-101-48 AND 0207-091-56, 57. NEGOTIATING PARTIES: PAMELA J. PANE, MANAGEMENT ANALYST II AND KIRSTEN R. BOWMAN, ESQ. ON BEHALF OF THE DISTRICT AND CHYI CHEN HONG AND JOHNSON HONG OF HOME AND LAND, LLC. UNDER NEGOTIATION: PRICE AND TERMS — FIRE D3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A): - RANCHO CUCAMONGA V. IEHHC, ET AL., CASE NO. CIVRS1305865— CITY D4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A): - MATHEW S. O'HARROW, LORI S. O'HARROW, TAYLER N. O'HARROW, AND THE ESTATE OF BRANDON W. O'HARROW VS. CITY OF RANCHO CUCAMONGA, STEVEN A. VARGAS, AND DOES 1 THROUGH 100, INCLUSIVE CASE NUMBER: CIVRS1306802— CITY IC. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No persons were present wishing to speak. E. CITY MANAGER ANNOUNCEMENTS * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting— November 6, 2013 - Page 1 of 11 No announcements were made. [ F. RECESS CLOSED SESSION TO RECESS TO THE REGULAR FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY BOARD AND CITY COUNCIL MEETINGS AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. The closed session recessed at 6:30 p.m. with no action taken. G. REGULAR MEETING CALL TO ORDER - 7:00 P.M. COUNCIL CHAMBERS The meetings of the Rancho Cucamonga Fire Protection District, Successor Agency, Financing Authority and City Council reconvened in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. President/Chairman/Mayor L. Dennis Michael called the meeting to order at 7:00 p.m. Present were Board Members/Board Members/Council Members: Bill Alexander, Marc Steinorth, Diane Williams, Vice President/Vice Chairman/Mayor Pro Tern Sam Spagnolo and President/Chairman/Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Jim Markman, City Attorney; Linda Daniels, Assistant City Manager; Lori Sassoon, Deputy City Manager/Administrative Services; Bill Wittkopf, Public Works Services Director;Trang Huynh, Building&Safety Services Director;Candyce Burnett, Planning Manager; Mark Steuer, Engineering Director; Nettie Nielsen, Community Services Director; Fire Chief Mike Bell; Police Chief Tony Onodera; Debra McNay, Assistant City Clerk/Records Manager and Adrian Garcia, Assistant City Clerk. H. ANNOUNCEMENTS/PRESENTATIONS H1. Presentation of $10,000 donation check from Friends of the Pacific Electric Trail to support repairs and improvements to the Etiwanda Train Depot. Bob Curtis, Past President and members of the Friends of the Pacific Electric Trail presented a check to the City in the amount of $10,000 to support repairs and improvements to the Etiwanda Train Depot. H2. Announcement of the Founders Day Community Parade to be held at Victoria Gardens on Saturday, November 9, 2013, and Veterans Day Celebration to be held at Central Park on Monday, November 11, 2013. Jennifer Camacho-Curtis, Community Services Coordinator, announced the Founders Day Parade, to be held on November 9, 2013. Ryan Samples, Community Services Supervisor, announced the Veterans Day celebration, to be held on November 11, 2013. H3. Announcement of new HERO home energy efficiency financing program. Fabian Villenas, Principal Management Analyst, announced the HERO home energy efficiency financing program. * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting — November 6, 2013 - Page 2 of 11 I. PUBLIC COMMUNICATIONS 11. Jim Heitman, representing the Rancho Cucamonga Chamber of Commerce, announced upcoming grand openings and special events. 12. Rebekah Turner, submitted a letter to the City Council regarding amending the Rancho Cucamonga Municipal Code Section 17/4.09 to eliminate street flag banners. She noted that flag banners clutter the streets and indicated that some businesses aren't following the temporary sign guidelines. 13. Norm Mackezie announced the Cucamonga District Host Lions Club's Friends in Sight Program, which will be held on November 9, 2013 from 8:00 a.m. to 3:00 p.m. 14. Janet Walton offered a prayer to the City Council and the audience. 15. Gwyn Frost, President of the Etiwanda Historical Society, spoke in support of Items M3 and M4 on the Consent Calendar. 16. Michael Duffy also spoke regarding Items M3 and M4. On the agreements, he noted that the City will be inspecting the two buildings and hoped that these inspections will take into account the age of the buildings. Also, Mr. Duffy indicated that the roof on the Chaffey-Garcia house needs replacement and requested assistance. 17. Mark Duffy invited the City Council and the audience to the Annual Etiwanda Founder's Day, which will be held on November 23, 2013 from 11:00 a.m. to 4:00 p.m. 18. Dana Keithly stated that the Daily Bulletin is printing misleading information. She indicated that a comparison cannot be made between the County shelter and the Animal Care and Adoption Center and the euthanasia rate at the Center is 18% not 14%. Also, Mrs. Keithly pointed out that the action items in the Strategic Plan do not address the current animals at the Center. 19. Pat Curtis announced California Retired Teacher's Week, and the efforts being made by many retired teachers throughout the State. 110. Jim Frost reported on the Veteran's Day event at Alta Loma High School. 111. John Lyons spoke in response to Ms. Turner's comments and asked that the City Council to be lenient on the businesses until after the holidays. He also announced that Sacred Hearts Catholic Church will be holding a Thanksgiving dinner from 11:00 a.m. to 2:00 p.m. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Fire Board/Successor Agency/Authority Board/Council at one time without discussion. Any item may be removed by a Fire Board/Successor Agency/Authority Board/Council Member for discussion. J. CONSENT CALENDAR - FIRE PROTECTION DISTRICT J1. Approval of Minutes: October 16, 2013 (Regular Meeting) J2. Approval of Check Register dated October 9, 2013 through October 29, 2013 for the total amount of $306,833.76. * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting — November 6, 2013 - Page 3 of 11 MOTION: Moved by Spagnolo, seconded by Williams, to approve the staff recommendations in the staff reports. Motion carried 5-0. K. CONSENT CALENDAR - SUCCESSOR AGENCY I K1. Approval and Transmittal of the Long-Range Property Management Plan in accordance with Health and Safety Code Section 34191.5. RESOLUTION NO. 13-173 A RESOLUTION OF THE SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY APPROVING THE LONG-RANGE PROPERTY MANAGEMENT PLAN PREPARED BY THE SUCCESSOR AGENCY PURSUANT TO HEALTH AND SAFETY CODE SECTION 34191.5, DETERMING THAT APPROVAL OF THE LONG-RANGE PROPERTY MANAGEMENT PLAN IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH MOTION: Moved by Williams, seconded by Alexander,to approve the staff recommendations in the staff reports. Motion carried 5-0. IL. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY J L1. Approval of Minutes: October 16, 2013 (Regular Meeting) MOTION: Moved by Alexander, seconded by Spagnolo, to approve the minutes. Motion carried 5- 0. M. CONSENT CALENDAR - CITY COUNCIL Ml. Approval of Minutes: October 10, 2013 (Special Meeting) October 16, 2013 (Regular Meeting) M2. Approval of Check Register dated October 9, 2013 through October 29, 2013 and payroll ending October 29, 2013 for the total amount of $6,597,676.46. M3. CHAFFEY-GARCIA HOUSE LEASE AGREEMENT — DRC2013-00835 — CITY OF RANCHO CUCAMONGA — A lease agreement between the City of Rancho Cucamonga and the Etiwanda Historical Society for the occupancy, use, and on-going preservation of the Chaffey-Garcia House, located at 7150 Etiwanda Avenue. RESOLUTION NO. 13-174 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE ETIWANDA HISTORICAL SOCIETY RELATING TO THE OCCUPANCY, USE, AND ON-GOING PRESERVATION OF THE CHAFFEY-GARCIA HOUSE, LOCATED AT 7150 ETIWANDA AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF, APN: 1089-593-01. * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting — November 6, 2013 - Page 4 of 11 M4. CHAFFEY-ISLE HOUSE LEASE AGREEMENT — DRC2013-00837 — CITY OF RANCHO CUCAMONGA — A lease agreement between the City of Rancho Cucamonga and the Etiwanda Historical Society for the occupancy, use, and on-going preservation of the Chaffey-Isle House, located at 7086 Etiwanda Avenue. RESOLUTION NO. 13-175 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE ETIWANDA HISTORICAL SOCIETY RELATING TO THE OCCUPANCY, USE, AND ON-GOING PRESERVATION OF THE CHAFFEY-ISLE HOUSE, LOCATED AT 7086 ETIWANDA AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF, APN: 1089-071- 26. M5. Authorization to award the purchase of three (3) CNG Powered Sedans to Wondries Fleet Group, of Alhambra, California, in accordance with Request for Bid ("RFB") #13/14-004 (Replacing Units #1333, 2233, and 2715) in the amount of $85,513.65 from Acct. No. 1 71 2001-5604 (Equipment and Vehicle Replacement). M6. Reject all bids for the "CNG Fuel Station Expansion Project" as non-responsive to the needs of the City. M7. Consideration of a request to waive up to $750 in fees and authorize staff to prepare a partnership agreement with the Rancho Cucamonga Rotary Club for the 2014 Grape Stomp Sprint Triathlon. (3-0-0-2, MICHAEL AND WILLIAMS ABSTAINED) M8. Consideration of the recommendation from the Park and Recreation Commission regarding the approval of the annual street banner schedule and applications for calendar year 2014. M9. Accept the Banyan Street Sidewalk and Pavement Rehabilitation from Etiwanda Avenue to 850 feet west of East Avenue Project, Contract No. 13-101 as complete, release the bonds, accept a maintenance bond, authorize the City Engineer to file a Notice of Completion and approve the final contract amount of$259,724.06. RESOLUTION NO. 13-176 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE BANYAN STREET SIDEWALK AND PAVEMENT REHABILITATION FROM ETIWANDA AVENUE TO 850 FEET W/O EAST AVENUE PROJECT, CONTRACT NO. 13-101, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK M10. Release of Maintenance Guarantee Bond No. 7629400 in the amount of $61,788.57, for the Archibald Avenue Pavement Rehabilitation from Foothill Boulevard to Base Line Road and Church Street Pavement Rehabilitation from Hellman Avenue to Archibald Avenue, Contract No. 12-027. M11. Release of Maintenance Guarantee Bond No. 7629533 in the amount of $12,736.51, for the Lemon Avenue Pavement Rehabilitation from Sapphire Street to Carnelian Street, Contract No. 12-026. M12. Accept the 8th Street Pavement Rehabilitation from 1300' east of Hellman Avenue to 200' west of Hermosa Avenue, Contract No. 13-116, as complete, release the Bonds, accept a maintenance bond, authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $199,505.44. * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting— November 6, 2013 - Page 5 of 11 RESOLUTION NO. 13-177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE 8TH STREET PAVEMENT REHABILITATION FROM 1300' EAST OF HELLMAN AVENUE TO 200' WEST OF HERMOSA AVENUE, CONTRACT NO. 13-116, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK M13. Accept the bids received, award and authorize the execution of the contract in the amount of $145,100.10, to the lowest responsive bidder, New Legacy Development Corp, and authorize the expenditure of a 10% contingency in the amount of $14,510.01, for the FY 2012/2013 Sidewalk Improvements for Bus Stops at 51 Locations Project to be funded from Proposition 42 Funds and Pedestrian Grant Article 3 Funds, Account Nos. 1190303- 5650/1823190-0 and 1214303-5650/1823214-0 and appropriate $78,730.11 to Account No. 1190303-5650/1823190-0 from Proposition 42 Fund balance and $90,880.00 to Account No. 1214303-5650/1823214-0 from Pedestrian Grant Article 3 Fund balance for a total of $169,610.11 (Contract award of $145,100.10 plus 10% contingency of $14,510.01 and $10,000.00 for incidentals). M14. Approval of Resolution No. 13-178 approving an agreement for sharing cost of State Highway Electrical Facilities such as Flashing Beacons, Traffic Signals Systems, Safety Lighting, and Sign Lighting, with the California Department of Transportation and providing the City Engineer with authority to execute revisions to Exhibit "A" of the agreement. RESOLUTION NO. 13-178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, APPROVING AN AGREEMENT FOR SHARING COST OF STATE HIGHWAY ELECTRICAL FACILITIES WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION AND PROVIDING THE CITY ENGINEER WITH BLANKET AUTHORITY TO EXECUTE REVISIONS TO EXHIBIT "A" OF THE AGREEMENT M15. Approval to authorize the advertising of the "Notice Inviting Bids" for the Construction of Left Turn Pocket Extension at the Intersection of Haven Avenue and Valencia Avenue, to be funded from the Transportation Fund. (PULLED FOR DISCUSSION) RESOLUTION NO. 13-179 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "CONSTRUCTION OF LEFT TURN POCKET EXTENSION AT THE INTERSECTION OF HAVEN AVENUE AND VALENCIA AVENUE", IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS M16. Approval of Improvement Agreement, Improvement Securities and ordering the annexation to Landscape Maintenance District No. 1 and Street Light Maintenance District Nos. 1 and 2 for DRC2013-00427, located at 5912 Vineyard Avenue submitted by Pruitt Construction Inc. * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting— November 6, 2013 - Page 6 of 11 RESOLUTION NO. 13-180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DRC2013-00427 RESOLUTION NO. 13-181 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 FOR DRC2013-00427 RESOLUTION NO. 13-182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR DRC2013-00427 RESOLUTION NO. 13-183 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 2 FOR DRC2013-00427 M17. Approval of Improvement Agreement, Improvement Securities and ordering the annexation to Landscape Maintenance District No. 3b and Street Light Maintenance District Nos. 1 and 6 for DRC2012-01065, located at 8628 & 8604 Hickory Avenue submitted by All-State Paper& Metal Recycling Co., Inc. RESOLUTION NO. 13-184 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR DRC2012- 01065 RESOLUTION NO. 13-185 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B FOR DRC2012-01065 RESOLUTION NO. 13-186 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR DRC2012-01065 * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting — November 6, 2013 - Page 7 of 11 RESOLUTION NO. 13-187 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 6 FOR DRC2012-01065 M18. Approval of Map, Improvement Agreement, Improvement Securities, Monumentation Cash Deposit and ordering the annexation to Landscape Maintenance District No. 2 and Street Light Maintenance District Nos. 1 and 3 for Tract Map 18819, located at the southwest corner of Etiwanda Avenue and Victoria Street, submitted by Etiwanda Classics, LLC, a California Limited Liability Company. RESOLUTION NO. 13-188 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING FINAL MAP, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT FOR TRACT 18819 RESOLUTION NO. 13-189 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 FOR TRACT 18819 RESOLUTION NO. 13-190 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR TRACT 18819 RESOLUTION NO. 13-191 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 3 FOR TRACT 18819 M19. Approval of Map, Improvement Agreement, Improvement Securities, Monumentation Cash Deposit and ordering the annexation to Landscape Maintenance District No. 10 and Street Light Maintenance District Nos. 1 and 7 for Tract Map 18709, located at the southwest corner of Vintage Drive and Day Creek Boulevard, submitted by FH, II, LLC, a California Limited Liability Company. RESOLUTION NO. 13-192 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING FINAL MAP, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT FOR TRACT 18709 * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting— November 6, 2013 - Page 8 of 11 RESOLUTION NO. 13-193 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 10 FOR TRACT 18709 RESOLUTION NO. 13-194 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR TRACT 18709 RESOLUTION NO. 13-195 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 7 FOR TRACT 18709 M20. Receive Quarterly Budget update report. Council Member Steinorth requested that Item M15 be removed for discussion. Mayor Michael noted that he is a member of the Rotary Club and indicated that he would abstain from voting on Item M7. Council Member Williams indicated that she is also a member of the club and would abstain as well. MOTION: Moved by Steinorth, seconded by Spagnolo, to adopt the recommendations in the remaining staff reports. Motion carried 5-0. M15. Approval to authorize the advertising of the "Notice Inviting Bids" for the Construction of Left Turn Pocket Extension at the Intersection of Haven Avenue and Valencia Avenue, to be funded from the Transportation Fund. (PULLED FOR DISCUSSION) RESOLUTION NO. 13-179 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "CONSTRUCTION OF LEFT TURN POCKET EXTENSION AT THE INTERSECTION OF HAVEN AVENUE AND VALENCIA AVENUE", IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS In response to Council Member Steinorth, the Public Works Services Director affirmed that the two palm trees at this location would be saved and moved north. MOTION: Moved by Steinorth, seconded by Spagnolo, to adopt the recommendation in the staff report. Motion carried 5-0. IN. CITY MANAGER'S STAFF REPORT - FIRE & CITY I The following items have no legal publication or posting requirements. N1. Review of process for considering applications to the Planning/Historic Preservation Commission. * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting — November 6, 2013 - Page 9 of 11 Corrected Draft Minutes— 11/19/13 In response to Council Member Alexander, the City Attorney confirmed that State law and the Municipal Code authorize the Mayor to determine which candidates should be considered by the entire City Council. Council Member Steinorth noted that there was an occasion whereby Mayor Alexander had presented all of the candidates to the City Council. In response to Mayor Michael, Mayor Pro Tern Spagnolo indicated that another option would be to convene a subcommittee to narrow down the field of candidates. This has also been done in the past. Discussion was held on the possible number of candidates and the use of a subcommittee. Mayor Michael suggested that a brief interviews be done with all of the candidates to determine the top candidates. A second meeting could be scheduled to provide time for an in-depth discussion with the top candidates. In response to Mayor Pro Tern Spagnolo, Mr. Markman indicated that the current Commission Members would serve until their successor(s) if any, are appointed. In response to Mrs. Burnett, the City Council requested that the current Planning Commission Members also provide an application for consideration. MOTION: Moved by Williams, seconded by Steinorth, to direct staff to advertise for the three vacancies and return back to the City Council with proposed questions to get additional direction. Motion carried 5-0. . O. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. 01. INTER-AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) No updates were given. 02. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) No announcements were made. P. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified. Q. ADJOURNMENT Mayor Michael adjourned the meeting at 8:39 p.m. * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting — November 6, 2013 - Page 11 of 12 Candyce Burnett, Planning Manager, presented the staff report. Council Member Steinorth appreciated the historical information that was gathered in the staff report and noted that this selection has been done many different ways in the past. He suggested that the City Council advertise for the three vacant seats, receive applications and then interview all of the candidates. Persons yet to be interviewed would be asked to stay outside of the room, the Mayor would recommend the candidates for consideration and then a vote would be taken of the entire City Council using a tally system. In response to Council Member Alexander, the City Attorney confirmed that State law and the Municipal Code authorize the Mayor to determine which candidates should be considered by the entire City Council. Council Member Steinorth noted that there was an occasion whereby Mayor Alexander had presented all of the candidates to the City Council. In response to Mayor Michael, Mayor Pro Tem Spagnolo indicated that another option would be to convene a subcommittee to narrow down the field of candidates. This has also been done in the past. Discussion was held on the possible number of candidates and the use of a subcommittee. Mayor Michael suggested that a brief interviews be done with all of the candidates to determine the top candidates. A second meeting could be scheduled to provide time for an in-depth discussion with the top candidates. In response to Mayor Pro Tern Spagnolo, Mr. Markman indicated that the current Commission Members would serve until their successor(s) if any, are appointed. In response to Mrs. Burnett, the City Council requested that the current Planning Commission Members also provide an application for consideration. MOTION: Moved by Williams, seconded by Steinorth, to direct staff to advertise for the three vacancies and return back to the City Council for additional direction regarding the use of a subcommittee if a large number of applications are received. Motion carried 5-0. . 0. COUNCIL BUSINESS I The following items have been requested by the City Council for discussion. 01. INTER-AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) No updates were given. 02. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) No announcements were made. P. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified. * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting —November 6, 2013 - Page 10 of 11 0. ADJOURNMENT Mayor Michael adjourned the meeting at 8:39 p.m. Respectfully submitted, Debra L. McNay, MMC Assistant City Clerk/Records Manager Approved: * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting—November 6, 2013- Page 11 of 11 Proclamation • • WHEREAS, the City of Rancho Cucamonga is committed to recognizing individuals for their dedication and contributions to the community and region; and WHEREAS, the City of Rancho Cucamonga is an active member of the League of California Cities, an association dedicated to advocating for the common interests of California Cities; and WHEREAS, Nancy Cisneros has served as the League of California Cities' Public Affairs Regional Manager for the Inland Empire and Desert Mountain Divisions since the grassroots program's inception in 2001; and WHEREAS, Nancy Cisneros' illustrative career began with her involvement in the successful campaign to elect Bill Leonard to the California State Legislature in 1978; and WHEREAS, Nancy Cisneros also previously served as the Executive Director of the Yucca Valley Chamber of Commerce, Managing Vice President of the Big Bear Valley Chamber of Commerce, and Legislative Field Representative for the office of former State Senator Bill Leonard before joining the League of California Cities; and WHEREAS, by her exceptional talent, dedication and hard work, Nancy Cisneros established a solid grassroots program in the Inland Empire, effectively telling the cities' story and building a network of partners from business, labor, non profit, public safety, and housing communities in order to make the Inland Empire Division the most active and successful division in the League of California Cities; and WHEREAS, Nancy Cisneros is retiring after 12 years of exceptional service to the League of California Cities, the Inland Empire region, and the City of Rancho Cucamonga. NOW, THEREFORE, BE IT PROCLAIMED, that the City of Rancho Cucamonga does hereby commend Nancy Cisneros for her many contributions to the Rancho Cucamonga community, and wishes her many years of happiness and continued success. IN WITNESS WHEREOF, the City Council of the City of Rancho Cucamonga, California, have hereunto set their hand and caused the seal of the City of Rancho Cucamonga to be affixed this 20th day of November, 2013. 1 N "" O cu O 3-1 (.T.4 ti z 2 � 2 o �--I a v. o w U U a o M •ti H H ; v o H N N N N 2 • a 7-, r k . 11 �l"' Ni :4:` 111 , 'f . , 4 • 2110( A '+11' v i 4. - ■ 9 40' ' 1 z . a a . ' .k -' - f Mt _ , ' � •. ° . .. . \it!• ■ �is tj1 r'.. � -. 44. 1 1 iliD 1y LL.,,f , t itistfri , .fi , ,.: ..;11;.,., 4,,. 'MO N e it1 i ; k ` pli \l L y,1' ,.ks,.r 4 ' • 14 to 7,. .. '. . I. .g 1 is , 4/ ‘ ); jig, ikel . T ..— - , :`,11 ,_ ...1 .' #1 Ilit j ii r•44 ♦ r �1 ,r c r I Ilt1400)., � . 1'.' .46104. 'fir I :A, 1.\, = n f• : '.4. 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I r 1 1 4 .. 0 . , 1 m ip 4,,0. . ... ,. 1 ‘., 4. ii RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P1 Agenda Check Register 10/30/2013 through 11/12/2013 Check No. Check Date Vendor Name Amouni AP 00341629 2013/10/311 AIRGAS USA LLC 41.80 AP 00341684 2013/11/061 CALIFORNIA FIRE CHIEFS ASSOC. 250.00 AP 00341629 2013/10/311 AIRGAS USA LLC 40.75 AP 00341628 2013/10/30( CALIFORNIA BOARD OF EQUALIZATION, STATE 144.82 AP 00341711 2013/11/06( HEARTSAVERS LLC 40,00 AP 00341818 2013/11/061 VERIZON CALIFORNIA 49.84 AP 00341824 2013/11/061 WALTERS WHOLESALE ELECTRIC CO 283.48 AP 00341628 2013/10/301 CALIFORNIA BOARD OF EQUALIZATION, STATE 49.71 AP 00341818 2013/11/061 VERIZON CALIFORNIA 21.05 AP 00341727 2013/11/061 J & M GRAPHICS 1,475.28 AP 00341791 2013/11/061 SO CALIF GAS COMPANY 17.60 AP 00341453 2013/10/301 CARQUEST AUTO PARTS 84,69 AP 00341464 2013/10/301 COMMERCIAL CLEANING SYSTEMS 341.15 AP 00341859 2013/11/071 KME FIRE APPARATUS 440.70 AP 00341758 2013/11/06 ( OFFICE DEPOT 29.83 AP 00341790 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2013/10/30( CALIFORNIA BOARD OF EQUALIZATION, STATE 3.00 AP 00341546 2013/10/30 ( OFFICE DEPOT 21.70 AP 00341546 2013/10/301 OFFICE DEPOT 16.28 AP 00341574 2013/10/30( SC FUELS 688.50 AP 00341574 2013/10/301 SC FUELS 893.88 AP 00341580 2013/10/301 SO CALIF GAS COMPANY 60.22 AP 00341648 2013/10/31 ( KME FIRE APPARATUS 276.89 AP 00341850 2013/11/07( CUCAMONGA VALLEY WATER DISTRICT 73.60 AP 00341758 2013/11/06( OFFICE DEPOT 29.83 AP 00341767 2013/11/061 PLUMMER,JACQUES 126.35 User: VLOPEZ- VERONICA LOPEZ Page: I Current Date: 11/13/: Report:CK AGENDA REG PORTRAIT RC- CK: Agenda Check Register Portrait Layout Time: 15:5 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P2 Agenda Check Register 10/30/2013 through 11/12/2013 Check No. Check Date Vendor Name Amouni AP 00341490 2013/10/30( FLEET SERVICES INC. 66.23 AP 00341512 2013/10/30( HOYT LUMBER CO., SM 38.84 AP 00341797 2013/11/06( SOUTHERN CALIFORNIA EDISON 771.15 AP 00341819 2013/11/06( VERIZON WIRELESS - LA 1,888.87 AP 00341833 2013/11/061 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FIRE APPARATUS 84.98 AP 00341850 2013/11/07( CUCAMONGA VALLEY WATER DISTRICT 497.38 AP 00341612 2013/10/301 VERIZON CALIFORNIA 67.11 AP 00341628 2013/10/301 CALIFORNIA BOARD OF EQUALIZATION, STATE 130.32 AP 00341680 2013/11/06( BOUND TREE MEDICAL LLC. 567.00 AP 00341720 2013/11/06 l HOYT LUMBER CO., SM 22.82 AP 00341628 2013/10/301 CALIFORNIA BOARD OF EQUALIZATION, STATE 6.82 AP 00341852 2013/11/071 DUNN EDWARDS CORPORATION 51.49 AP 00341711 2013/11/061 HEARTSAVERS LLC 90.00 AP 00341818 2013/11/061 VERIZON CALIFORNIA 49.84 AP 00341824 2013/11/061 WALTERS WHOLESALE ELECTRIC CO 126,92 AP 00341711 2013/11/06( HEARTSAVERS LLC 190.00 AP 00341818 2013/11/06( VERIZON CALIFORNIA 21.06 AP 00341453 2013/10/30( CARQUEST AUTO PARTS 488.57 AP 00341491 2013/10/301 FLEETPRIDE 31.29 AP 00341511 2013/10/301 HOSE MAN INC 46.11 AP 00341740 2013/11/061 LIFE ASSIST INC 2,363.97 AP 00341746 2013/11/061 MALLORY SAFETY& SUPPLY LLC 4,860.00 AP 00341758 2013/11/06 ( OFFICE DEPOT 39.78 AP 00341490 2013/10/30 ( FLEET SERVICES INC. 269.01 AP 00341501 2013/10/30( GRAINGER 63.64 AP 00341797 2013/11/061 SOUTHERN CALIFORNIA EDISON 170.30 User: VLOPEZ- VERONICA LOPEZ Page: 2 Current Date: 11/13/: Report:CK AGENDA REG PORTRAIT RC-CK: Agenda Check Register Portrait Layout Time: 15:5 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P3 Agenda Check Register 10/30/2013 through 11/12/2013 Check No. Check Date Vendor Name Amouni AP 00341859 2013/11/07( KME FIRE APPARATUS 14.53 AP 00341523 2013/10/30( LARKIN, DAVID W 260.15 AP 00341530 2013/10/30( MARIPOSA HORTICULTURAL ENT INC 880.79 AP 00341620 2013/10/301 WINZER CORPORATION 141.12 Ap 00341431 2013/10/301 ALL CITIES TOOLS 125.00 AP 00341445 2013/10/301 BOUND TREE MEDICAL LLC. 206.04 AP 00341453 2013/10/301 CARQUEST AUTO PARTS 240.64 AP 00341638 2013/10/31 I CUCAMONGA VALLEY WATER DISTRICT 154.67 AP 00341522 2013/10/30 ( LANCE SOLL AND LUNGHARD 4,590.00 • AP 00341540 2013/10/301 NAPA AUTO PARTS 96.93 AP 00341546 2013/10/301 OFFICE DEPOT 23.56 AP 00341562 2013/10/301 RAULS AUTO TRIM INC 126.39 AP 00341648 2013/10/311 KME FIRE APPARATUS 172.54 AP 00341571 2013/10/301 SAFE-ENTRY TECHNICAL INC 1,030.00 AP 00341571 2013/10/30 1 SAFE-ENTRY TECHNICAL INC 199.50 AP 00341574 2013/10/30 ( SC FUELS 1,221.75 AP 00341574 2013/10/301 SC FUELS 339.11 AP 00341574 2013/10/301 SC FUELS 601.75 AP 00341591 2013/10/301 SOUTHERN CALIFORNIA EDISON 1,167.64 AP 00341648 2013/10/311 KME FIRE APPARATUS 169.82 AP 00341850 2013/11/071 CUCAMONGA VALLEY WATER DISTRICT 209.48 AP 00341628 2013/10/30( CALIFORNIA BOARD OF EQUALIZATION, STATE 32.80 AP 00341612 2013/10/301 VERIZON CALIFORNIA 51.26 AP 00341701 2013/11/061 FEJERAN,TIM 511.48 AP 00341851 2013/11/071 DAISY WHEEL RIBBON CO INC 155.46 AP 00341628 2013/10/301 CALIFORNIA BOARD OF EQUALIZATION, STATE 64.39 AP 00341693 2013/11/061 DE LA RIVA CONSTRUCTION INC 39,083.46 AP 00341708 2013/11/061 GRAINGER 63.59 AP 00341824 2013/11/061 WALTERS WHOLESALE ELECTRIC CO 44.83 AP 00341628 2013/10/30( CALIFORNIA BOARD OF EQUALIZATION, STATE 28.58 AP 00341818 2013/11/06( VERIZON CALIFORNIA 486.50 AP 00341491 2013/10/301 FLEETPRIDE 49.73 AP 00341860 2013/11/071 LN CURTIS AND SONS 463.12 AP 00341628 2013/10/301 CALIFORNIA BOARD OF EQUALIZATION, STATE 27.78 AP 00341856 2013/11/07( GENERATOR SERVICES CO 750.85 Ap 00341686 2013/11/06( CHANNING BETE COMPANY INC 493.55 AP 00341685 2013/11/06( CFPI 315.00 AP 00341693 2013/11/06( DE LA RIVA CONSTRUCTION INC -1,954.17 AP 00341628 2013/10/301 CALIFORNIA BOARD OF EQUALIZATION, STATE 315.31 AP 00341680 2013/11/061 BOUND TREE MEDICAL LLC. 86.10 AP 00341818 2013/11/061 VERIZON CALIFORNIA 486.50 AP 00341818 2013/11/06 1 VERIZON CALIFORNIA 486.50 AP 00341818 2013/11/06( VERIZON CALIFORNIA 133.94 AP 00341749 2013/11/061 MCCUISTION, MICHAEL 127.35 AP 00341791 2013/11/061 SO CALIF GAS COMPANY 60.23 User: VLOPEZ- VERONICA LOPEZ Page: 3 Current Date: 11/13/: Report:CK AGENDA REG PORTRAIT RC-CK: Agenda Check Register Portrait Layout Time: 15:5 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P4 Agenda Check Register 10/30/2013 through 11/12/2013 Check No. Check Date Vendor Name Amouni AP 00341425 2013/10/301 ACE WEED ABATEMENT INC 420.00 AP 00341443 2013/10/301 BEE REMOVERS 145.00 AP 00341490 2013/10/301 FLEET SERVICES INC. 132.49 AP 00341859 2013/11/071 KME FIRE APPARATUS 217.05 AP 00341746 2013/11/061 MALLORY SAFETY& SUPPLY LLC 5,319.01 AP 00341620 2013/10/30( WINZER CORPORATION 184.93 AP 00341501 2013/10/301 GRAINGER 71.98 AP 00341799 2013/11/061 SPECTRUM GAS PRODUCTS 1,441.25 AP 00341431 2013/10/301 ALL CITIES TOOLS 150.72 AP 00341638 2013/10/311 CUCAMONGA VALLEY WATER DISTRICT 280.68 AP 00341456 2013/10/301 CHIEF SUPPLY 354.15 AP 00341473 2013/10/301 DANIELS TIRE SERVICE 1,083.76 AP 00341591 2013/10/301 SOUTHERN CALIFORNIA EDISON 2,348.29 AP 00341572 2013/10/30 ( SAN BERNARDINO CTY 5,035.70 AP 00341572 2013/10/30 ( SAN BERNARDINO CTY 4,028.55 AP 00341567 2013/10/301 RICHARDS WATSON AND GERSHON 721.50 AP 00341571 2013/10/301 SAFE-ENTRY TECHNICAL INC 615.77 AP 00341574 2013/10/301 SC FUELS 590.95 AP 00341540 2013/10/301 NAPA AUTO PARTS 47.73 AP 00341546 2013/10/301 OFFICE DEPOT 17.67 AP 00341565 2013/10/301 RESCUE RESPONSE GEAR LLC 3,528.76 AP 00341574 2013/10/301 SC FUELS 1,199.83 AP 00341648 2013/10/311 KME FIRE APPARATUS 562.18 EP 00003820 2013/11/06( WAXIE SANITARY SUPPLY 252.78 EP 00003820 2013/11/06 ( WAXIE SANITARY SUPPLY 252.78 EP 00003820 2013/11/061 WAXIE SANITARY SUPPLY 84.26 Total for Entity: 145,010.17 User: VLOPEZ- VERONICA LOPEZ Page: 4 Current Date: 11/13/: Report:CK AGENDA REG PORTRAIT RC-CK: Agenda Check Register Portrait Layout Time: 15:5 CITY OF RANCHO CUCAMONGA P5 Agenda Check Register 10/30/2013 through 11/12/2013 Check No. Check Date Vendor Name Amouni AP 00341628 2013/10/301 CALIFORNIA BOARD OF EQUALIZATION, STATE 90.72 AP 00341847 2013/11/071 BRODART BOOKS 20.07 AP 00341847 2013/11/071 BRODART BOOKS 376.94 AP 00341847 2013/11/07( BRODART BOOKS 25.36 AP 00341847 2013/11/07( BRODART BOOKS 45.89 AP 00341847 2013/I 1/07( BRODART BOOKS 51.43 AP 00341847 2013/11/07( BRODART BOOKS 10.03 AP 00341847 2013/11/07( BRODART BOOKS 8.74 AP 00341847 2013/11/071 BRODART BOOKS 27.33 AP 00341636 2013/10/31 1 COMP U ZONE 85.00 AP 00341636 2013/10/31 1 COMP U ZONE 85.00 AP 00341847 2013/11/071 BRODART BOOKS 19.40 AP 00341847 2013/11/071 BRODART BOOKS 19.11 AP 00341847 2013/11/071 BRODART BOOKS 22.31 AP 00341847 2013/11/071 BRODART BOOKS 37.07 AP 00341847 2013/11/071 BRODART BOOKS 25,26 AP 00341847 2013/11/07( BRODART BOOKS 22.40 AP 00341628 2013/10/301 CALIFORNIA BOARD OF EQUALIZATION, STATE 2,713.33 AP 00341635 2013/10/31 ( BRODART BOOKS 78.43 AP 00341635 2013/10/31 l BRODART BOOKS 4.48 AP 00341635 2013/10/31 1 BRODART BOOKS 12.88 AP 00341635 2013/10/31 1 BRODART BOOKS 10.66 AP 00341635 2013/10/31 1 BRODART BOOKS 53.60 AP 00341635 2013/10/31 1 BRODART BOOKS 28.88 AP 00341635 2013/10/31 I BRODART BOOKS 6.64 AP 00341635 2013/10/31 1 BRODART BOOKS 8.96 AP 00341635 2013/10/311 BRODART BOOKS 4.48 AP 00341635 2013/10/31 ( BRODART BOOKS 6.64 AP 00341635 2013/10/31 ( BRODART BOOKS 4.48 AP 00341635 2013/10/31 ( BRODART BOOKS 8.96 AP 00341635 2013/10/31 ( BRODART BOOKS 6.64 AP 00341635 2013/10/31 1 BRODART BOOKS 4.48 AP 00341840 2013/I 1/071 B AND K ELECTRIC WHOLESALE 313.23 AP 00341612 2013/10/301 VERIZON CALIFORNIA 90.52 AP 00341612 2013/10/301 VERIZON CALIFORNIA 19.49 AP 00341656 2013/11/061 A AND RTIRE SERVICE 784.80 AP 00341656 2013/11/061 A AND R TIRE SERVICE 19.47 AP 00341656 2013/11/06( A AND R TIRE SERVICE 452.19 AP 00341657 2013/11/06( ABLE BUILDING MAINTENANCE 548.55 AP 00341660 2013/11/06( AEI'SYSTEMS CONSULTING INC 280.00 AP 00341666 2013/11/061 AMTECH ELEVATOR SERVICES 122.60 AP 00341670 2013/11/061 ASSE 200.00 AP 00341628 2013/10/301 CALIFORNIA BOARD OF EQUALIZATION, STATE 0.64 • AP 00341708 2013/11/061 GRAINGER 28.42 AP 00341714 2013/11/061 HILLS PET NUTRITION SALES INC 898.13 User: VLOPEZ- VERONICA LOPEZ Page: 1 Current Date: 11/13/: Report:CK AGENDA REG PORTRAIT RC-CK: Agenda Check Register Portrait Layout Time: 15:5 CITY OF RANCHO CUCAMONGA P6 Agenda Check Register 10/30/2013 through 11/12/2013 Check No. Check Date Vendor Name Amouni AP 00341818 2013/11/061 VERIZON CALIFORNIA 456.05 AP 00341806 2013/11/061 TRAFFIC PARTS 987.75 AP 00341847 2013/11/071 BRODART BOOKS 15.55 AP 00341847 2013/11/071 BRODART BOOKS 219.93 AP 00341847 2013/11/071 BRODART BOOKS 46.60 AP 00341847 2013/11/07 I BRODART BOOKS 83.52 AP 00341847 2013/11/07 I BRODART BOOKS 54.44 AP 00341847 2013/11/07 BRODART BOOKS 12.34 AP 00341847 2013/11/071 BRODART BOOKS 52.39 AP 00341847 2013/11/07( BRODART BOOKS 97.52 AP 00341847 2013/11/07( BRODART BOOKS 42.74 AP 00341640 2013/10/31 ( EMCOR SERVICE 5,879.47 AP 00341847 2013/11/07( BRODART BOOKS 31.54 AP 00341847 2013/11/07( BRODART BOOKS 13.48 AP 00341847 2013/11/07( BRODART BOOKS 22.36 AP 00341847 2013/11/07( BRODART BOOKS 55.39 AP 00341847 2013/11/07( BRODART BOOKS 4.48 AP 00341847 2013/11/07( BRODART BOOKS 22.40 AP 00341628 2013/10/30 l CALIFORNIA BOARD OF EQUALIZATION, STATE 47.52 AP 00341635 2013/10/31 ( BRODART BOOKS 14.60 AP 00341635 2013/10/31 ( BRODART BOOKS 8.70 AP 00341635 2013/10/31 ( BRODART BOOKS 69.36 AP 00341635 2013/10/31 ( BRODART BOOKS 4.48 AP 00341635 2013/10/31 ( BRODART BOOKS 6.64 AP 00341635 2013/10/31 1 BRODART BOOKS 55.60 AP 00341635 2013/10/31 ( BRODART BOOKS 6.64 AP 00341635 2013/10/31 I BRODART BOOKS 4.48 AP 00341635 2013/10/31 I BRODART BOOKS 6.64 AP 00341635 2013/10/31 ( BRODART BOOKS 4.48 AP 00341635 2013/10/31 ( BRODART BOOKS 11.12 AP 00341635 2013/10/31 BRODART BOOKS 4.48 AP 00341635 2013/10/31 ( BRODART BOOKS 4.48 AP 00341855 2013/11/07( FORD OF UPLAND INC 1,059.34 AP 00341612 2013/10/30( VERIZON CALIFORNIA 19.49 AP 00341656 2013/11/06 l A AND R TIRE SERVICE 20.00 AP 00341656 2013/11/061 A AND R TIRE SERVICE 42.07 AP 00341656 2013/11/06( A AND R TIRE SERVICE 40.41 AP 00341656 2013/11/06( A AND R TIRE SERVICE 24.95 AP 00341662 2013/11/06( AGAPE EMPLOYMENT 682.00 AP 00341662 2013/11/061 AGAPE EMPLOYMENT 937,44 AP 00341671 2013/11/061 ASSI SECURITY 2,435.00 AP 00341682 2013/11/061 BRAUN BLAISING MCLAUGHLIN 307.88 AP 00341691 2013/11/061 D AND K CONCRETE COMPANY 660.96 AP 00341628 2013/10/30( CALIFORNIA BOARD OF EQUALIZATION, STATE 2.94 AP 00341709 2013/11/06( HAIGHT BROWN & BONESTEEL LLP 1,369.20 User: VLOPEZ- VERONICA LOPEZ Page: 2 Current Date: 11/13/: Report:CK AGENDA REG PORTRAIT RC-CK: Agenda Check Register Portrait Layout Time: 15:5 CITY OF RANCHO CUCAMONGA P7 Agenda Check Register 10/30/2013 through 11/12/2013 Check No. Check Date Vendor Name Amount AP 00341716 2013/11/061 HOME DEPOT CREDIT SERVICES 645 286.16 AP 00341818 2013/11/06 I VERIZON CALIFORNIA 837.69 AP 00341818 2013/11/06( VERIZON CALIFORNIA 42.41 AP 00341818 2013/11/06 VERIZON CALIFORNIA 46.07 AP 00341809 2013/11/06 UNITED PACIFIC SERVICES INC 11,903.00 AP 00341813 2013/11/06 UTILIQUEST 1,343.45 AP 00341814 2013/11/061 VALLEY CREST LANDSCAPE 13,449.54 AP 00341824 2013/11/06( WALTERS WHOLESALE ELECTRIC CO 388.80 AP 00341847 2013/11/07( BRODART BOOKS 16.40 AP 00341847 2013/11/07( BRODART BOOKS 24.26 AP 00341847 2013/11/07( BRODART BOOKS 14.04 AP 00341847 2013/11/07( BRODART BOOKS 206.02 AP 00341847 2013/11/07 ( BRODART BOOKS 41.30 AP 00341847 2013/11/07( BRODART BOOKS 14.04 AP 00341847 2013/11/071 BRODART BOOKS 29.12 AP 00341847 2013/11/07( BRODART BOOKS 12.63 AP 00341847 2013/11/071 BRODART BOOKS 31.41 AP 00341847 2013/11/071 BRODART BOOKS 24.26 AP 00341847 2013/11/07( BRODART BOOKS 23.41 AP 00341642 2013/10/31 ( FORD OF UPLAND INC 34.20 AP 00341643 2013/10/31 ( HOLLIDAY ROCK CO INC 83.17 AP 00341847 2013/11/071 BRODART BOOKS 4.48 AP 00341847 2013/11/071 BRODART BOOKS 4.48 AP 00341847 2013/11/071 BRODART BOOKS 4.48 AP 00341628 2013/10/301 CALIFORNIA BOARD OF EQUALIZATION, STATE 415.99 AP 00341635 2013/10/31 I BRODART BOOKS 45.67 AP 00341635 2013/10/31 I BRODART BOOKS 40,55 AP 00341635 2013/10/31 I BRODART BOOKS 9.72 AP 00341635 2013/10/31 I BRODART BOOKS 6.64 AP 00341635 2013/10/31 ( BRODART BOOKS 4.48 AP 00341635 2013/10/31 l BRODART BOOKS 4.48 AP 00341635 2013/10/31 ( BRODART BOOKS 15.60 AP 00341635 2013/10/31 ( BRODART BOOKS 4.48 AP 00341635 2013/10/31 ( BRODART BOOKS 4.48 AP 00341635 2013/10/31 ( BRODART BOOKS 6.64 Ap 00341635 2013/10/31 1 BRODART BOOKS 4.48 AP 00341635 2013/10/31 l BRODART BOOKS 17.76 AP 00341635 2013/10/31 l BRODART BOOKS 6.64 AP 00341612 2013/10/301 VERIZON CALIFORNIA 51.29 AP 00341612 2013/10/301 VERIZON CALIFORNIA 26.83 AP 00341612 2013/10/301 VERIZON CALIFORNIA 26.83 AP 00341656 2013/11/06( A AND R TIRE SERVICE 42,07 AP 00341656 2013/11/061 A AND R TIRE SERVICE 61.53 AP 00341657 2013/11/06( ABLE BUILDING MAINTENANCE 560.74 AP 00341660 2013/11/061 AEF SYSTEMS CONSULTING INC 17,500.00 User: VLOPEZ- VERONICA LOPEZ Page: 3 Current Date: 11/13/: Report:CK AGENDA REG PORTRAIT RC-CK: Agenda Check Register Portrait Layout Time: 15:5 CITY OF RANCHO CUCAMONGA P8 Agenda Check Register 10/30/2013 through 11/12/2013 Check No. Check Date Vendor Name Amoum AP 00341674 2013/11/061 AUSTIN POWER PONG 90.00 AP 00341690 2013/11/061 CURRIER,ALISA ALLEN 1,092.00 AP 00341699 2013/11/061 FASTENAL COMPANY 7.25 AP 00341705 2013/11/061 GILKEY,JOHN 150.00 AP 00341818 2013/11/061 VERIZON CALIFORNIA 486.50 AP 00341818 2013/11/061 VERIZON CALIFORNIA 46.04 AP 00341751 2013/11/061 YOUNG, MICHAEL 100.00 AP 00341815 2013/11/061 VCA CENTRAL ANIMAL HOSPITAL 462.96 AP 00341828 2013/11/06( WESTCOAST MEDIA 450.25 AP 00341834 2013/11/061 WOODCREST VEHICLE CENTER 325.95 AP 00341847 2013/11/071 BRODART BOOKS 16.48 AP 00341847 2013/11/07( BRODART BOOKS 118.54 AP 00341847 2013/11/07( BRODART BOOKS 9.53 AP 00341847 2013/11/07( BRODART BOOKS 16.48 AP 00341847 2013/11/07 ( BRODART BOOKS 14.57 AP 00341847 2013/11/07( BRODART BOOKS 24.26 AP 00341847 2013/11/071 BRODART BOOKS 29.12 AP 00341847 2013/11/07( BRODART BOOKS 14.57 AP 00341847 2013/11/07( BRODART BOOKS 24.26 AP 00341636 2013/10/311 COMP U ZONE 255.00 AP 00341847 2013/11/071 BRODART BOOKS 29.12 AP 00341847 2013/11/071 BRODART BOOKS 37.12 AP 00341643 2013/10/311 HOLLIDAY ROCK CO INC 401.90 Ap 00341847 2013/11/071 BRODART BOOKS 16.84 AP 00341847 2013/11/071 BRODART BOOKS 29,89 AP 00341847 2013/11/071 BRODART BOOKS 15.72 AP 00341635 2013/10/311 BRODART BOOKS 8.96 AP 00341635 2013/10/31 l BRODART BOOKS 12.73 AP 00341635 2013/10/31 ( BRODART BOOKS 11.23 AP 00341635 2013/10/311 BRODART BOOKS 523.69 AP 00341635 2013/10/31 l BRODART BOOKS 13.44 AP 00341635 2013/10/31 1 BRODART BOOKS 8.96 AP 00341635 2013/10/31 1 BRODART BOOKS 4.48 AP 00341635 2013/10/31 1 BRODART BOOKS 4.48 AP 00341635 2013/10/31 1 BRODART BOOKS 6.64 AP 00341635 2013/10/31 1 BRODART BOOKS 11.12 AP 00341635 2013/10/31 ( BRODART BOOKS 8.96 AP 00341635 2013/10/31 1 BRODART BOOKS 6.64 AP 00341635 2013/10/31 1 BRODART BOOKS 4.48 AP 00341612 2013/10/301 VERIZON CALIFORNIA 598.02 AR 00341612 2013/10/301 VERIZON CALIFORNIA 25.21 AP 00341656 2013/11/06( A AND R TIRE SERVICE 42.07 AP 00341656 2013/11/06( A AND R TIRE SERVICE 30.91 AP 00341658 2013/11/06( ACCELA INC 3,783.16 AP 00341662 2013/11/06 AGAPE EMPLOYMENT 1,249.92 User: VLOPEZ- VERONICA LOPEZ Page: 4 Current Date: 1 1/13/: Report:CK AGENDA REG PORTRAIT RC-CK: Agenda Check Register Portrait Layout Time: 15:5 CITY OF RANCHO CUCAMONGA P9 Agenda Check Register 10/30/2013 through 11/12/2013 Check No. Check Date Vendor Name Amouni AP 00341673 2013/11/061 AUFBAU CORPORATION 2,380.00 AP 00341689 2013/11/06 CONTACT SECURITY INC 522.00 AP 00341628 2013/10/301 CALIFORNIA BOARD OF EQUALIZATION, STATE 35.08 AP 00341704 2013/11/061 GALE GROUP,THE 56.70 AP 00341713 2013/11/061 HERITAGE EDUCATION GROUP 30.00 AP 00341818 2013/11/06( VERIZON CALIFORNIA 25.16 AP 00341818 2013/11/061 VERIZON CALIFORNIA 46.04 AP 00341818 2013/11/06( VERIZON CALIFORNIA 51.24 AP 00341811 2013/11/06( UPBEAT PARADE PRODUCTIONS 10,000.00 AP 00341814 2013/11/06( VALLEY CREST LANDSCAPE 513.27 AP 00341814 2013/11/06 l VALLEY CREST LANDSCAPE 1,485.41 AP 00341824 2013/11/06( WALTERS WHOLESALE ELECTRIC CO 293,75 AP 00341829 2013/11/061 WESTERN UNIVERSITY OF HEALTH SCIENCE 55.00 AP 00341829 2013/11/061 WESTERN UNIVERSITY OF HEALTH SCIENCE 10,00 AP 00341832 2013/11/06( WILSON AND BELL 227.11 AP 00341834 2013/11/061 WOODCREST VEHICLE CENTER 325.95 AP 00341818 2013/11/061 VERIZON CALIFORNIA 44.64 AP 00341809 2013/11/061 UNITED PACIFIC SERVICES INC 8,600.00 AP 00341821 2013/11/061 VICTORIA ANIMAL HOSPITAL 50.00 AP 00341821 2013/11/061 VICTORIA ANIMAL HOSPITAL 50.00 AP 00341468 2013/10/30 COOPER, CHERYL 1 18.80 AP 00341471 2013/10/301 CROP PRODUCTION SERVICES INC 112.75 AP 00341482 2013/10/301 EASTERLING, RAY 76.80 AP 00341503 2013/10/30( GST 815.00 AP 00341506 2013/10/30 HAY. SHARON 72.00 AP 00341858 2013/11/07( INTERSTATE BATTERIES 4,976.26 AP 00341797 2013/11/06 ( SOUTHERN CALIFORNIA EDISON 27.72 AP 00341797 2013/11/06 ( SOUTHERN CALIFORNIA EDISON 25.79 AP 00341797 2013/11/06( SOUTHERN CALIFORNIA EDISON 53.78 AP 00341797 2013/11/061 SOUTHERN CALIFORNIA EDISON 27.61 AP 00341797 2013/11/061 SOUTHERN CALIFORNIA EDISON 111.40 AP 00341797 2013/11/061 SOUTHERN CALIFORNIA EDISON 54.20 AP 00341797 2013/11/061 SOUTHERN CALIFORNIA EDISON 27.61 AP 00341797 2013/11/061 SOUTHERN CALIFORNIA EDISON 143.38 AP 00341638 2013/10/31 I CUCAMONGA VALLEY WATER DISTRICT 40.48 AP 00341638 2013/10/311 CUCAMONGA VALLEY WATER DISTRICT 763.66 AP 00341638 2013/10/31 ( CUCAMONGA VALLEY WATER DISTRICT 3,627.27 AP 00341638 2013/10/31 ( CUCAMONGA VALLEY WATER DISTRICT 684.50 AP 00341530 2013/10/30( MARIPOSA HORTICULTURAL ENT INC 866.17 Ap 00341544 2013/10/30( OCLC INC 48.98 AP 00341834 2013/11/06( WOODCREST VEHICLE CENTER 325.95 Ap 00341723 2013/11/061 INLAND VALLEY APPRAISERS 100.00 AP 00341736 2013/11/061 LAKESHORE LEARNING MATERIALS 66.48 AP 00341738 2013/11/061 LEAGUE OF CALIFORNIA CITIES 45,00 AP 00341754 2013/11/061 MOUNTAIN VIEW SMALL ENG REPAIR 94.70 User: VLOPEZ- VERONICA LOPEZ Page: 5 Current Date: 11/13/: Report:CK AGENDA REG PORTRAIT RC-CK: Agenda Check Register Portrait Layout Time: 15:5 CITY OF RANCHO CUCAMONGA P10 Agenda Check Register 10/30/2013 through 11/12/2013 Check No. Check Date Vendor Name Amount AP 00341758 2013/11/06 ( OFFICE DEPOT 74.32 AP 00341760 2013/11/06( OPARC 352.00 AP 00341773 2013/11/061 RANCHO REGIONAL VETERINARY HOSPITAL IN 50.00 AP 00341779 2013/11/06( ROADRUNNER PHARMACY 60.48 AP 00341787 2013/11/06( SHOR-LINE 1,603.80 AP 00341791 2013/11/06( SO CALIF GAS COMPANY 823.12 AP 00341800 2013/11/06 ( STANDARD INSURANCE COMPANY 12,988.13 AP 00341805 2013/11/06( TOOMOTH, DR MICHELE PERSON 37.09 AP 00341628 2013/10/30 l CALIFORNIA BOARD OF EQUALIZATION, STATE 4,48 AP 00341628 2013/10/30( CALIFORNIA BOARD OF EQUALIZATION, STATE 29.64 AP 00341428 2013/10/30( ADVANCED PAIN SPECIALTIES 307.75 AP 00341434 2013/10/30 ( ALTA LOMA ANIMAL HOSPITAL 25.00 AP 00341434 2013/10/30( ALTA LOMA ANIMAL HOSPITAL 25.00 AP 00341434 2013/10/30( ALTA LOMA ANIMAL HOSPITAL 25.00 AP 00341439 2013/10/30( AUFBAU CORPORATION 4,508.00 AP 00341444 2013/10/301 BMC SOFTWARE 42.50 AP 00341450 2013/10/301 CALIFORNIA MENTOR 909.09 AP 00341466 2013/10/30( CONTACT SECURITY INC 1,195.08 AP 00341466 2013/10/301 CONTACT SECURITY INC 6,771.04 AP 00341479 2013/10/301 DOLLARHIDE,GINGER 60.00 AP 00341487 2013/10/301 FASTENAL COMPANY 107.44 AP 00341493 2013/10/301 FRED PRYOR SEMINARS 199.00 AP 00341502 2013/10/301 GRAPHICS FACTORY INC. 48.60 AP 00341509 2013/10/301 HERITAGE EDUCATION GROUP 344.00 AP 00341797 2013/11/061 SOUTHERN CALIFORNIA EDISON 54.69 AP 00341797 2013/11/061 SOUTHERN CALIFORNIA EDISON 302.32 AP 00341797 2013/11/061 SOUTHERN CALIFORNIA EDISON 53.93 AP 00341797 2013/11/061 SOUTHERN CALIFORNIA EDISON 27.61 AP 00341797 2013/11/06 ( SOUTHERN CALIFORNIA EDISON 132.19 AP 00341797 2013/11/061 SOUTHERN CALIFORNIA EDISON 27.61 AP 00341797 2013/11/06( SOUTHERN CALIFORNIA EDISON 25.67 AP 00341797 2013/11/06( SOUTHERN CALIFORNIA EDISON 70.76 AP 00341797 2013/11/06( SOUTHERN CALIFORNIA EDISON 37.82 AP 00341797 2013/11/061 SOUTHERN CALIFORNIA EDISON 58.27 AP 00341797 2013/11/061 SOUTHERN CALIFORNIA EDISON 196.99 AP 00341638 2013/10/311 CUCAMONGA VALLEY WATER DISTRICT 467.38 AP 00341638 - 2013/10/31 ( CUCAMONGA VALLEY WATER DISTRICT 40.48 AP 00341638 2013/10/31 ( CUCAMONGA VALLEY WATER DISTRICT 258.04 AP 00341638 2013/10/311 CUCAMONGA VALLEY WATER DISTRICT 1,646.26 AP 00341654 2013/10/31 ( UNIFIRST UNIFORM SERVICE 44.26 AP 00341521 2013/10/30( KENNEDY EQUIPMENT INC 687.00 AP 00341530 2013/10/30( MARIPOSA HORTICULTURAL ENT INC 8,128.59 AP 00341546 2013/10/30 ( OFFICE DEPOT 55.11 AP 00341838 2013/11/06( ZOETIS 103.50 AP 00341735 2013/11/061 KRIEGER, ED 300.00 User: VLOPEZ- VERONICA LOPEZ Page: 6 Current Date: 11/13/: Report:CK AGENDA REG PORTRAIT RC -CK: Agenda Check Register Portrait Layout Time: 15:5 CITY OF RANCHO CUCAMONGA P11 Agenda Check Register 10/30/2013 through 11/12/2013 Check No. Check Date Vendor Name Amount AP 00341758 2013/11/06( OFFICE DEPOT 52.65 AP 00341758 2013/11/06( OFFICE DEPOT 97.98 AP 00341758 2013/11/06( OFFICE DEPOT 30.35 AP 00341779 2013/11/06( ROADRUNNER PHARMACY 717.66 AP 00341785 2013/11/06 ( SCHIVELEY, DARYN 100.00 AP 00341616 2013/10/301 WEST COAST CONCERT LIGHTING 200.00 AP 00341798 2013/I 1/06 1 SOUTHLAND SPORTS OFFICIALS 552.00 AP 00341621 2013/10/30 ( WORD MILL PUBLISHING 280.00 AP 00341621 2013/10/30 ( WORD MILL PUBLISHING 362.50 AP 00341628 2013/10/30 ( CALIFORNIA BOARD OF EQUALIZATION, STATE 8.88 AP 00341628 2013/10/30( CALIFORNIA BOARD OF EQUALIZATION, STATE 2.30 AP 00341628 2013/10/30( CALIFORNIA BOARD OF EQUALIZATION, STATE 1.22 AP 00341628 2013/10/30( CALIFORNIA BOARD OF EQUALIZATION, STATE 11.43 AP 00341628 2013/10/30( CALIFORNIA BOARD OF EQUALIZATION, STATE 64.29 AP 00341434 2013/10/301 ALTA LOMA ANIMAL HOSPITAL 50.00 AP 00341442 2013/10/30( BASELINE ANIMAL HOSPITAL 50.00 AP 00341457 2013/10/30( CIRIACKS, VALERIE ANN 210.00 AP 00341470 2013/10/301 CPRS 150.00 AP 00341477 2013/10/301 DEPARTMENT OF INDUSTRIAL RELATIONS 225.00 AP 00341499 2013/10/301 GIORDANO, MARIANNA 105.60 AP 00341504 2013/10/30( HAMILTON, MONIQUE 72.00 AP 00341858 2013/11/071 INTERSTATE BATTERIES 99.92 AP 00341797 2013/11/061 SOUTHERN CALIFORNIA EDISON 15,276.59 AP 00341797 2013/11/061 SOUTHERN CALIFORNIA EDISON 27.46 AP 00341797 2013/11/061 SOUTHERN CALIFORNIA EDISON 27.72 AP 00341797 2013/11/06 I SOUTHERN CALIFORNIA EDISON 28.20 AP 00341797 2013/11/061 SOUTHERN CALIFORNIA EDISON 50.99 AP 00341797 2013/11/06 I SOUTHERN CALIFORNIA EDISON 76.33 AP 00341797 2013/11/06 I SOUTHERN CALIFORNIA EDISON 59.59 AP 00341797 2013/11/06 ( SOUTHERN CALIFORNIA EDISON 85.50 AP 00341797 2013/I1/061 SOUTHERN CALIFORNIA EDISON 324.36 AP 00341797 2013/11/061 SOUTHERN CALIFORNIA EDISON 174.88 AP 00341638 2013/10/311 CUCAMONGA VALLEY WATER DISTRICT 138.30 AP 00341638 2013/10/31 ( CUCAMONGA VALLEY WATER DISTRICT 770.74 AP 00341638 2013/10/31 l CUCAMONGA VALLEY WATER DISTRICT 1,649.33 AP 00341514 2013/10/301 INLAND PRESORT& MAILING SERVICES 57.42 AP 00341520 2013/10/30 I KAISER FOUNDATION HEALTH PLAN INC 176,324.30 AP 00341528 2013/10/30( LITTLE BEAR PRODUCTIONS 259.00 AP 00341532 2013/10/30( MARTINEZ UNION SERVICE 45.00 AP 00341539 2013/10/30( MOUNTAIN VIEW SMALL ENG REPAIR 48.62 AP 00341591 2013/10/30( SOUTHERN CALIFORNIA EDISON 29.74 AP 00341591 2013/10/30 l SOUTHERN CALIFORNIA EDISON 27.83 AP 00341546 2013/10/301 OFFICE DEPOT 82.36 AP 00341591 2013/10/30( SOUTHERN CALIFORNIA EDISON 26.00 AP 00341591 2013/10/301 SOUTHERN CALIFORNIA EDISON 25.85 User: VLOPEZ- VERONICA LOPEZ Page: 7 Current Date: 11/13/: Report:CK AGENDA REG PORTRAIT RC-CK: Agenda Check Register Portrait Layout Time: 15:5 CITY OF RANCHO CUCAMONGA P12 Agenda Check Register 10/30/2013 through 11/12/2013 Check No. 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2013/10/301 SCCCA 40.00 AP 00341591 2013/10/301 SOUTHERN CALIFORNIA EDISON 125.89 AP 00341591 2013/10/301 SOUTHERN CALIFORNIA EDISON 125.92 AP 00341591 2013/10/301 SOUTHERN CALIFORNIA EDISON 62.07 AP 00341592 2013/10/301 SOUTHERN CALIFORNIA EDISON 2,704.41 AP 00341594 2013/10/30( SPARKLETTS 76.00 AP 00341604 2013/10/301 TRACEY, VAL 216.00 AP 00341647 2013/10/31 1 INTERSTATE BATTERIES 100.50 AP 00341650 2013/10/31 ( MWI VETERINARY SUPPLY 121.89 AP 00341628 2013/10/30 ( CALIFORNIA BOARD OF EQUALIZATION, STATE 17.18 AP 00341850 2013/11/07( CUCAMONGA VALLEY WATER DISTRICT 1,372.91 AP 00341850 2013/11/07( CUCAMONGA VALLEY WATER DISTRICT 248.29 AP 00341850 2013/11/07( CUCAMONGA VALLEY WATER DISTRICT 140.50 AP 00341850 2013/11/071 CUCAMONGA VALLEY WATER DISTRICT 3,154.24 AP 00341546 2013/10/301 OFFICE DEPOT 80.08 AP 00341591 2013/10/301 SOUTHERN CALIFORNIA EDISON 27.83 AP 00341591 2013/10/301 SOUTHERN CALIFORNIA EDISON 27.83 AP 00341591 2013/10/301 SOUTHERN CALIFORNIA EDISON 28.60 AP 00341591 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Register Portrait Layout Time: 15:5 • CITY OF RANCHO CUCAMONGA P22 Agenda Check Register 10/30/2013 through 11/12/2013 Check No. Check Date Vendor Name Amouni AP 00341591 2013/10/30 ( SOUTHERN CALIFORNIA EDISON 97.87 AP 00341580 2013/10/30( SO CALIF GAS COMPANY 181.62 AP 00341592 2013/10/30( SOUTHERN CALIFORNIA EDISON 370.28 AP 00341599 2013/10/301 STOVER SEED COMPANY 3,184.93 AP 00341628 2013/10/30( CALIFORNIA BOARD OF EQUALIZATION, STATE 20.92 AP 00341650 2013/10/31 ( MWI VETERINARY SUPPLY 38.24 AP 00341650 2013/10/31 1 MWI VETERINARY SUPPLY 1,480.62 AP 00341628 2013/10/30( CALIFORNIA BOARD OF EQUALIZATION, STATE 17.19 AP 00341850 2013/11/07( CUCAMONGA VALLEY WATER DISTRICT 358.93 AP 00341850 2013/11/071 CUCAMONGA VALLEY WATER DISTRICT 155.43 AP 00341850 2013/11/07( CUCAMONGA VALLEY WATER DISTRICT 1,334.61 AP 00341850 2013/11/07( CUCAMONGA VALLEY WATER DISTRICT 75.48 AP 00341850 2013/11/07( CUCAMONGA VALLEY WATER DISTRICT 291.19 AP 00341850 2013/11/071 CUCAMONGA VALLEY WATER DISTRICT 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10/30/2013 through 11/12/2013 Check No. Check Date Vendor Name Amouni AP 00341635 2013/10/31 1 BRODART BOOKS 13.28 AP 00341635 2013/10/31 ( BRODART BOOKS 4.48 AP 00341635 2013/10/31 1 BRODART BOOKS 6.64 AP 00341635 2013/10/31 1 BRODART BOOKS 11.12 AP 00341635 2013/10/31 1 BRODART BOOKS 6.64 AP 00341612 2013/10/30( VERIZON CALIFORNIA 19.49 AP 00341612 2013/10/30( VERIZON CALIFORNIA 19.49 AP 00341656 2013/11/06( A AND R TIRE SERVICE 52.86 AP 00341656 2013/11/06 ( A AND R TIRE SERVICE 30.91 AP 00341656 2013/11/06( A AND R TIRE SERVICE 15.46 AP 00341657 2013/11/061 ABLE BUILDING MAINTENANCE 121.90 AP 00341662 2013/11/061 AGAPE EMPLOYMENT 12.79 AP 00341669 2013/11/06( ASAP POWERSPORTS 80.00 AP 00341689 2013/11/06( CONTACT SECURITY INC 200.00 AP 00341628 2013/10/30( CALIFORNIA BOARD OF EQUALIZATION, STATE 6.44 AP 00341706 2013/11/061 GLOBALSTAR 74.21 AP 00341716 2013/11/061 HOME DEPOT CREDIT SERVICES 645 1,672.16 AP 00341818 2013/11/061 VERIZON CALIFORNIA 1,807.17 AP 00341818 2013/11/061 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2013/10/30 ( ADVANCED CHEMICAL TRANSPORT 96.50 AP 00341434 2013/10/30( ALTA LOMA ANIMAL HOSPITAL 50.00 AP 00341434 2013/10/301 ALTA LOMA ANIMAL HOSPITAL 50.00 AP 00341437 2013/10/301 AROCHO,ALMA 192.00 AP 00341442 2013/10/301 BASELINE ANIMAL HOSPITAL 50.00 AP 00341447 2013/10/301 CALIFORNIA BUILDING STANDARDS COMMISSI 2,529.23 AP 00341453 2013/10/301 CARQUEST AUTO PARTS 23.50 AP 00341464 2013/10/301 COMMERCIAL CLEANING SYSTEMS 32,168.45 AP 00341471 2013/10/301 CROP PRODUCTION SERVICES INC 558.37 AP 00341480 2013/10/30( DUNN,ANN MARIE 153.00 AP 00341489 2013/10/301 FLAG SYSTEMS INC. 129.60 AP 00341500 2013/10/30( GOOD YEAR WHOLESALE 244.43 AP 00341504 2013/10/30 ( HAMILTON, MONIQUE 88.00 AP 00341510 2013/10/30( HILLS PET NUTRITION SALES INC 453.87 AP 00341797 2013/11/06( SOUTHERN CALIFORNIA EDISON 27.61 AP 00341797 2013/11/06( SOUTHERN CALIFORNIA EDISON 75.54 AP 00341797 2013/11/061 SOUTHERN CALIFORNIA EDISON 53.78 AP 00341797 2013/11/061 SOUTHERN CALIFORNIA EDISON 53.78 AP 00341797 2013/11/061 SOUTHERN CALIFORNIA EDISON 53.93 AP 00341797 2013/11/061 SOUTHERN CALIFORNIA EDISON 27.61 AP 00341797 2013/11/061 SOUTHERN CALIFORNIA EDISON 22.39 AP 00341797 2013/11/06 ( SOUTHERN CALIFORNIA EDISON 53.93 AP 00341797 2013/11/06( SOUTHERN CALIFORNIA EDISON 73.12 AP 00341797 2013/11/061 SOUTHERN CALIFORNIA EDISON 132.02 AP 00341797 2013/11/06( SOUTHERN CALIFORNIA EDISON 63.04 AP 00341797 2013/11/061 SOUTHERN CALIFORNIA EDISON 31.46 AP 00341638 2013/10/311 CUCAMONGA VALLEY WATER DISTRICT 157.38 AP 00341638 2013/10/311 CUCAMONGA VALLEY WATER DISTRICT 199.35 EP 00003820 2013/11/061 WAXIE SANITARY SUPPLY 409.32 EP 00003818 2013/10/301 WAXIE SANITARY SUPPLY 313.79 EP 00003820 2013/11/06 ( WAXIE SANITARY SUPPLY 726.56 EP 00003818 2013/10/301 WAXIE SANITARY SUPPLY 247.69 EP 00003820 2013/11/06( WAXIE SANITARY SUPPLY 839.98 EP 00003820 2013/11/06( WAXIE SANITARY SUPPLY 195.45 EP 00003820 2013/11/061 WAXIE SANITARY SUPPLY 589.23 EP 00003816 2013/10/301 CALIF GOVERNMENT VEBA/RANCHO CUCAMOI 1,425.00 EP 00003820 2013/11/061 WAXIE SANITARY SUPPLY 514.51 EP 00003820 2013/11/061 WAXIE SANITARY SUPPLY 265.09 EP 00003816 2013/10/30( CALIF GOVERNMENT VEBA/RANCHO CUCAMOI 7,275.00 EP 00003820 2013/11/06( WAXIE SANITARY SUPPLY 231.53 EP 00003817 2013/10/30( RCPFA 9,733.80 EP 00003820 2013/11/06 ( WAXIE SANITARY SUPPLY 1,479.63 Total for Entity: 1,864,980.05 User: VLOPEZ- VERONICA LOPEZ Page: 47 Current Date: 1l/13/; Report:CK AGENDA REG PORTRAIT RC-CK: Agenda Check Register Portrait Layout Time: 15:5 _ P52 STAFF REPORT , COMMUNITY SERVICES DEPARTMENT J 14- RANCHO Date: November 20, 2013 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager • From: Nettie Nielsen, Community Services Director By: Karen McGuire-Emery, Senior Park Planne v �- Shelley Hayes, Assistant Engineer Subject: Accept the bids received and award and authorize the execution of the contract in the amount of$26,950.00, to the lowest responsive bidder, CTG Construction, Inc., and authorize the expenditure of a 10% contingency in the amount of$2,695.00, for the Cultural Center Lobby Painting Project to be funded from Account No. 1025001-5602 RECOMMENDATION • It is recommended that the City Council Accept the bids received and award and authorize the execution of the contract in the amount of$26,950.00, to the lowest responsive bidder, CTG Construction, Inc., and authorize the expenditure of a 10% contingency in the amount of$2,695.00, for the Cultural Center Lobby Painting Project to be funded from Account No. 1025001-5602. BACKGROUND/ANALYSIS Per previous Council action, bids were solicited, received and opened on November 5, 2013, for the subject project. The Architect's estimate for the project was $50,000.00. Staff has reviewed all bids received and found all to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. Staff has completed the required background investigation and finds the lowest responsive bidder meets the requirements of the bid documents. The scope of work consists of painting the walls of the Cultural Center lobby and public corridors on the main floor as the Base Bid. In addition, due to the competitive price provided by the low bidder on the base bid, Bid Additives are also able to be awarded, and will provide painting of portions of the second floor lobby, as well as the Celebration Hall lobby. The contract documents call for eight (8) working days to complete this construction. Respectfully submitted, • kGmU K1d Nettie Nielsen Community Services Director P53 STAFF REPORT ;`�y'' ENGINEERING DEPARTMENT LJ -S. Date: November 20, 2013 RANCHO C,UCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Fred Lyn, Utilities Division Manager- Subject: APPROVAL OF A SELF GENERATION FACILITY INTERCONNECTION AGREEMENT FOR RCMU CUSTOMERS AND TO DELEGATE THE AUTHORITY TO ENTER INTO FUTURE SELF GENERATION FACILITY INTERCONNECTION AGREEMENTS TO THE CITY ENGINEER OR HIS DESIGNEE RECOMMENDATION It is recommended that the City Council approve the proposed Self Generation Facility Interconnection Agreement for RCMU customers and delegate the authority to enter into future Self Generation Facility Interconnection Agreements to the City Engineer or his designee. BACKGROUND/ANALYSIS The Rancho Cucamonga Municipal Utility (RCMU) is required by California law to accommodate electric service customers who elect to install self-generating energy facilities. These generating facilities are different from solar photovoltaic or wind turbines, for which the City already has a City Council approved interconnection agreement. The proposed Self Generation Facility Interconnection Agreement (Agreement) will include other generation facilities such as Fuel Cell and Co-Generation / Combined Heat and Power technologies. The Agreement governs the relationship between the electric service customer and RCMU. Staff has worked with RCMU's regulatory attorney to ensure the Agreement complies with all relevant State and local laws. The Agreement requires the customer to take all reasonable precautions when designing, installing, and operating the proposed generating facility. The execution of the Agreement will be a normal part of the process for RCMU customers to install self-generating facilities and is considered non-controversial. Staff is recommending that the City Council delegate the authority to enter into future Self Generation Facility Interconnection Agreements to the City Engineer or his designee. Delegating this authority would expedite the process to install such facilities in the future. Respectful) submitted, Mark A. Steuer Director of Engineering Services/City Engineer Attachment(s) P54 Self Generation Facility Interconnection Agreement This Self Generation Facility Interconnection Agreement for RCMU Customers ("Agreement") is made and entered into by and between ., whose mailing address is ("Producer") and the City of Rancho Cucamonga, a municipal corporation acting by and through the Rancho Cucamonga Municipal Utility ("RCMU"), sometimes also referred to herein jointly as "Parties" or individually as "Party." 1 SCOPE AND PURPOSE This Agreement provides for Producer to interconnect and operate an electric Generating Facility that is connected to RCMU's Distribution System and serves electrical loads at the location identified in Section 2.2. If the Generation Facility is operated in parallel with RCMU's Distribution System, Producer shall take electric service from RCMU pursuant to RCMU's Standby Demand Capacity Reservation Charge, as may be amended from time to time, and the customer's Otherwise Applicable Tariff rate schedule. This Agreement does not apply to facilities that qualify for net energy metering pursuant to RCMU's Net Energy Metering tariff. 2 DESCRIPTION OF PRODUCER'S ELECTRIC GENERATING FACILITY 2.1 Producer elects to interconnect and operate a generating facility, located on Producer's owned, leased or rented premises within RCMU's electric service area ("Generating Facility") in parallel with RCMU's electric grid. 2.2 Summary of Generating Facility: Location (address) Generator Type (fuel cell, turbine, IC engine, etc) Will Generation Facility operate in parallel ❑ Yes ❑ No with RCMU's Distribution System? Gross Nameplate Rating (kW) kW Net Nameplate Rating (kW) kW Expected Annual Energy Production kWh/year (kWh/year) Expected Date of Interconnection 2.3 Exhibit A includes a detailed description of the Generating Facility, Interconnection Facilities, and a single-line diagram (supplied by Producer). Producer must submit a revised Exhibit A to reflect "as-built" condition and any future changes in the facilities. Producer must obtain written permission from RCMU's Authorized Representative prior to making such changes. 2.4 This Agreement is applicable only to the Generating Facility described above and installed at the above location. The Generating Facility may not be relocated or connected to RCMU's Distribution System at any other location without RCMU's express written permission. Page 1 P55 2.5 Producer represents that no other sources of electric generation, other than those listed under Section 2 "Description of Producer's Electric Generating Facility", are installed on the Producer's premises and interconnected directly with Producer's electric service. 3 GENERATION AND INTERCONNECTION FACILITIES REQUIREMENTS 3.1 Producer shall be responsible for the design, installation, operation, and maintenance of the Generating Facility and Interconnection Facilities, and shall obtain and maintain any required governmental authorizations and permits. 3.2 The Generating Facility and Interconnection Facilities shall conform to all applicable system safety and performance standards established by the National Electrical Code ("NEC"), the Institute of Electrical and Electronics Engineers ("IEEE"), and accredited, nationally recognized testing laboratories such as Underwriters Laboratories ("UL"), applicable building codes, and to all applicable RCMU Electric Service Rules. 3.3 Producer shall not add generation capacity in excess on the Nameplate Rating set forth in Section 2 and Exhibit A of this Agreement, or otherwise modify the Generating Facility without the prior written permission of RCMU. 3.4 Producer and/or RCMU, as appropriate, shall provide Interconnection Facilities that adequately protect RCMU's Distribution System, personnel, and other persons from damage or injury which may be caused by the operation of Producer's Generating Facility. 3.5 Producer shall be solely responsible for the costs, design, purchase, construction, operation, and maintenance of the Generation Facility and Interconnection Facilities that Producer owns. 3.6 If RCMU owns and operates a portion of the Interconnection Facilities, Producer and RCMU shall promptly execute an Agreement that establishes and allocates responsibility for the design, installation, operation, maintenance, and ownership of the Interconnection Facilities. This Agreement shall be attached to and made a part of this Agreement as Exhibit C. 3.7 RCMU shall have the right to have its representatives present to witness Commissioning Tests, or to require written certification by the installer describing which tests were performed and their results, and the final inspection made by the governmental authority having jurisdiction to inspect and approve the installation of the Generating Facility and Interconnection Facilities. Producer shall provide written notice to RCMU at least five days prior to such inspection(s). 3.8 Producer shall provide 30 days written notice prior to removal or decommissioning of any Generating Facility. 4 GENERATION FACILITY OPERATIONS 4.1 Producer shall not commence parallel operation of the Generating Facility until Producer receives written approval from RCMU's Authorized Representative. 4.2 Producer is responsible for operating the Generating Facility in compliance with applicable sections of RCMU's Electric Service Rules, Rates and Tariffs and any other applicable regulations and laws governing the interconnection and operation of the Generating Facility. Page 2 • P56 4.3 The electric power produced by the Generating Facility shall be used solely to serve electrical loads connected to the electric service account that RCMU uses to interconnect Producer's Generating Facility. Producer shall not use the Generating Facility to serve electrical loads that will cause Producer to be considered an "electrical corporation" as such term is used in Section 218 of the California Public Utilities Code. 4.4 The Generating Facility shall be operated with all of the Producer's Protective Functions in service whenever the Generating Facility is operated in parallel with RCMU's Distribution System. Any deviation from these requirements may occur only when the Parties have agreed to such deviations in writing. 4.5 Curtailment or Disconnection. RCMU may limit the operation, disconnect, or require the disconnection of the Generating Facility from RCMU's Distribution System at any time pursuant to terms of Rule 22. 5 MAINTENANCE AND PERMITS Producer shall (a) maintain the Generating Facility and Interconnection Facilities in a safe and prudent manner and in conformance with this Agreement and all applicable laws and regulations, and (b) obtain any governmental authorizations and permits required for the construction and operation of the Generating Facility and interconnection facilities. Producer shall reimburse RCMU for any and all losses, damages, claims, penalties, or liability it incurs as a result of Producer's failure to obtain or maintain any governmental authorizations and permits required for construction and operation of Producer's Generating Facility. 6 ACCESS TO PREMISES RCMU may enter Producer's premises (a) to inspect, at reasonable hours, Producer's protective devices and read or test meters; (b) to disconnect, without notice, the interconnection facilities if, in RCMU's opinion, a hazardous condition exists and such immediate action is necessary to protect persons, RCMU's facilities, or property of others from damage or interference caused by Producer's Generating Facility or lack of properly operating protective devices. 7 INDEMNITY AND LIABILITY 7.1 To the maximum extent permitted by law, the Producer shall defend, indemnify and hold harmless the City of Rancho Cucamonga, its elected officials, officers, employees, servants, volunteers, and agents serving as independent contractors in the role of City officials (collectively, "Indemnitees"), free and harmless with respect to any and all damages liabilities, losses, reasonable defense costs or expenses (collectively, "Claims"), including but not limited to Claims relating to death or injury to any person and injury to any property, arising out of or in connection with (a) any act or omission in the engineering, design, construction, destruction, maintenance, repair, operation, supervision, inspection, testing, protection or ownership of the Generating Facility,(b) any act or omission in the replacement, addition, betterment, reconstruction, removal, or destruction, of or to the Generating Facility, or (c) the Generating Facility in the performance of this Agreement. Producer shall defend indemnitees in any action or actions filed in connection with any such Claims with counsel of City's choice, and shall pay all costs and expenses, including actual attorney's fees and experts' costs incurred in connection with such defense. This indemnification obligation herein shall not in any way be limited by the insurance obligations contained in this Agreement provided, however, that the Producer shall have no obligation to indemnify for Claims proven in a Court of competent jurisdiction to arise out of the sole negligence or willful misconduct of any of the Indemnitees. Page 3 P57 7.2 Non Waiver of Rights. Indemnitees do not, and shall not waive any rights that they may possess against Producer because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement 7.3 Waiver of Right of Subrogation. Except as otherwise expressly provided in this Agreement, Producer, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Producer. 7.4 Survival. The provisions of this Section 7 shall survive the termination of the Agreement and are in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 8 INSURANCE 8.1 In connection with Producer's performance of its duties and obligations under this Agreement, Producer shall maintain, during the term of this Agreement, general liability insurance with a combined single limit of not less than: Two million dollars ($2,000,000) for each occurrence for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. Such general liability insurance shall include coverage for "Premises-Operations, Owners and Contractors Protective, Products/Completed Operations Hazard, Explosion, Collapse, Underground, Contractual Liability, and Broad Form Property Damage including Completed Operations." The Insurance obligations under this Agreement shall be the greater of(1)the Insurance coverages and limits carried by the Producer; or (ii) the minimum Insurance coverages and limits shown in this Agreement. Any insurance proceeds in excess of the specified limits and coverage required which are applicable to a given loss, shall be available to the City. No representation is made that the minimum Insurance requirements of this Agreement are sufficient to cover the obligations of the Producer under this agreement. 8.2 The general liability insurance required in Section 8.1 shall, by endorsement to the policy or policies, are to contain the following provisions on a separate additionally insured endorsement naming the City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of city or agency officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Producer; products and completed operations of Producer; premises owned, occupied or used by Producer; and/or automobiles owned, leased, hired or borrowed by Producer. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City or agency officials which are not also limitations applicable to the named insured. 8.3 Evidence of the insurance required in Section 8.2 shall state that coverage provided is primary and is not in excess to or contributing with any insurance or self-insurance maintained by the City of Rancho Cucamonga or RCMU. Page 4 P58 8.4 Producer agrees to furnish the required certificates and endorsements to RCMU prior to Initial Operation. RCMU shall have the right to inspect or obtain a copy of the original policy or policies of insurance. 8.5 If Producer is self-insured with an established record of self-insurance, Producer may comply with the following in lieu of Sections 8.1 through 8.4: (a) Producer shall provide to RCMU, at least thirty (30) calendar days prior to the date of Initial Operation, evidence of an acceptable plan to self-insure to a level of coverage equivalent to that required under Section 8.1. (b) If Producer ceases to self-insure to the level required hereunder, or if Producer is unable to provide continuing evidence of Producer's ability to self-insure, Producer agrees to immediately obtain the coverage required under Section 8.1. 8.6 All insurance certificates, statements of self insurance, endorsements, cancellations, terminations, alterations, and material changes of such insurance shall be issued and submitted to the address listed in Section 11 "Notices". 8.7 For any claims related to this Agreement, Producer's insurance shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of city or agency officials. Any insurance or self-insurance maintained by City, their officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of city or agency officials shall be excess of Producer's insurance and shall not contribute with it. 8.8 Producer's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 8.9 Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled except after 30 days prior written notice by first class mail has been given to City (ten (10) days prior written notice for non-payment of premium). Producer shall provide thirty (30) days written notice to City prior to implementation of a reduction of limits or material change of insurance coverage as specified herein. 8.10 Each insurance policy required by this clause shall expressly waive the insurer's right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city or agency officials. 8.11 Be issued by an insurance company approved in writing by City, which is admitted and licensed to do business in the State of California and which is rated A:VI I or better according to the most recent A.M. Best Co. Rating Guide. 8.12 Specify that any failure to comply with reporting or other provisions of the required policy, including breaches of warranty, shall not affect the coverage required to be provided. 8.13 Specify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and attorneys' fees, shall be paid in addition to and shall not deplete any policy limits. 8.14 Other required insurance, endorsements, or exclusions as required by the City in any request for proposals applicable to this Agreement. Page 5 P59 8.15 Evidence of coverage. Prior to commencing performance under this Agreement, the Producer shall furnish the City with certificates and original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and approved by the City before Producer commences performance. If performance of this Agreement shall extend beyond one year, Producer shall provide City with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance. 9 GOVERNING LAW, VENUE This Agreement shall be interpreted under, governed by, and construed in accordance with the laws of the State of California as if executed and to be performed wholly within the State of California, without regard to conflicts of law rules thereof. Any action at law or equity brought by either Party for the purpose of enforcing a right or rights provided in this Agreement shall be brought only in a court of proper jurisdiction in the County of San Bernardino, State of California, and the Parties hereby waive all other provisions of law providing for a change of venue in such proceedings to any other county. 10 MODIFICATIONS, WAIVER, INTERPRETATION 10.1 No amendment or modification to this Agreement shall be effective unless in a writing duly executed by both Parties. The failure of any Party at any time or times to require performance of any provision hereof shall in no manner affect the right at a later time to enforce the same. No waiver by any Party of the breach of any term or covenant contained in this Agreement, whether by conduct or otherwise, shall be deemed to be construed as a further or continuing waiver of any such breach or a waiver of the breach of any other term or covenant unless such waiver is in writing. 10.2 This Agreement shall supersede any existing agreement with RCMU under which Producer is currently operating the Generating Facility identified in Section 2 "Description of Producer's Electric Generating Facility", herein, and any such agreement shall be deemed terminated as of the effective date of this Agreement. 10.3 This Agreement shall, at all times, be subject to such changes or modifications by the Rancho Cucamonga City Council as it may from time to time direct in the exercise of its jurisdiction. 10.4 Any references herein to service schedules under RCMU's Electric Service Rules, Rates and or Tariff Schedule, shall be interpreted to mean "as they may be amended from time to time". 10.5 This Agreement constitutes the final, complete and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the Parties. Neither Party has been induced to enter into this Agreement by, and neither party is relying on, any representation or warranty outside those expressly set forth in this Agreement. 10.6 Except as expressly modified herein, RCMU's published rates and rules as adopted from time to time by Rancho Cucamonga shall continue to be applicable to RCMU's provision of electrical service to Producer. Page 6 P60 11 NOTICES 11.1 Any notice required under this Agreement shall be in writing and mailed at any United States Post Office with postage prepaid and addressed to the Party, or personally delivered to the Party, at the address below. Changes in such designation may be made by notice similarly given. All written notices shall be directed as follows: If to RCMU: Rancho Cucamonga Municipal Utility 10500 Civic Center Drive Rancho Cucamonga, CA 91730 If to Producer: 11.2 Producer's notices to RCMU pursuant to this Section 12 shall explicitly reference the Generating Facility installed at address listed in Section 2. 11.3 In the event of an emergency, Producer shall immediately notify RCMU at the 24-Hour Emergency number listed in Exhibit B, of any emergency situation related to the Generating Facility. 12 TERM AND TERMINATION OF AGREEMENT 12.1 This Agreement shall become effective on the date this Agreement is signed by RCMU and shall continue in full force and effect until terminated as provided herein. 12.2 This Agreement shall terminate on the earliest to occur of: (a) The date both Parties agree in writing to terminate this Agreement; (b) The first day after RCMU gives Producer written notice of termination for cause, provided that RCMU shall first have given Producer written notice of Producer's breach of this Agreement and within thirty days of RCMU's sending notice of such breach, Producer fails to cure such breach or, if such breach requires more than thirty days to cure, Producer fails to promptly commence cure of such breach and diligently prosecute such cure to completion; or, (c) The date Producer is no longer physically connected to RCMU's Distribution System. 12.3 After termination of this Agreement, any electric service provided by RCMU to Producer shall be pursuant to and in accordance with the applicable sections of RCMU's Electric Service Rules, Rates and Tariffs. 13 AUTHORIZED REPRESENTATIVE 13.1 RCMU's Authorized Representative is the Utilities Division Manager of the RCMU, or his designee. 13.2 Producers Authorized Representative is 13.3 Parties may change their Authorized Representative by giving the other Party notice pursuant to Section 12 "Notices". Page 7 P61 14 ASSIGNMENT Producer understands and agrees that this Agreement is personal to Producer and that Producer shall not assign or transfer in any way all or any portion of this Agreement to any other person or entity of any kind without prior permission of RCMU. Any attempt by Producer to assign or transfer in any way all or any portion of this Agreement without such permission shall be void ab initio. 15 CHANGES IN LAW OR REGULATIONS Each Party shall keep apprised of changes in laws and regulations which affect the Generating Facility and Interconnection Facilities. Each Party shall notify other Party of such changes in a timely manner and Parties shall meet and confer with respect to manner in which such changes must be accommodated. 16 NOTIFICATION OF OWNERSHIP CHANGE Producer understands and agrees that the Generating Facility or Interconnection Facilities shall not be interconnected or energized to operate in parallel with the RCMU electrical distribution system unless all owners of the Generating Facility or Interconnection Facilities have entered into a binding and effective Self Generation Facility Interconnection Agreement with RCMU. Producer shall not interconnect the Generating Facility or Interconnection Facilities, or allow Producer's successor(s) in interest to interconnect them, to the RCMU electrical distribution system unless all owners have entered into a binding and effective Self Generation Facility Interconnection Agreement with RCMU. Prior to the transfer of any ownership interest in the Generating Facility or Interconnection Facilities, Producer hereby agrees: (a) To notify RCMU of any proposed change in ownership, giving the name, address and telephone of the new owner(s); and (b) To present to RCMU executed and binding Self Generation Facility Interconnection Agreements from all proposed new owners. In event Producer no longer retains any ownership interest in the Generation Facility or Interconnection Facilities, Producer's obligations under this Agreement shall nevertheless continue until the effective date(s) of the new replacement agreement(s), at which time Producer's obligations hereunder shall cease. RCMU shall have no duty to maintain an interconnection unless the new owner(s), or all owner(s), as the case may be, have entered into a Self Generation Facility Interconnection Agreement with RCMU. Page 8 P62 17 SIGNATURES IN WITNESS WHEREOF, the Parties hereto have caused two originals of this Agreement to be executed by their duly authorized representatives on the dates set forth below. This Agreement is effective as of the latter of the two dates set forth below. Producer RCMU By: By: Name: Name: Fred Lyn Title: Title: Utilities Division Manager Date: Date: ATTEST: By: City Clerk APPROVED AS TO FORM: By: City Attorney Page 9 P63 EXHIBIT A Exhibit A includes a detailed description of the Generating Facility, Interconnection Facilities, and a single-line diagram supplied by Producer. Producer must submit a revised Exhibit A to reflect "as-built" condition and any future changes in the facilities. Producer must obtain written permission from RCMU's Authorized Representative prior to making such changes. Table A-1 Generation Facilities—General Information Host Customer Name Electric Account# Point of Common Coupling (Meter#) Meter Location Type of Generating Facility Total Net Nameplate rating for facility Generating Facility Owner Generating Facility Operator Expected Date of expected operation Operation mode of facility Estimated max kW expected to export Max 3-phase fault current contributed by Generating Facility Short Circuit interrupting rating of MSB Generating Facility will be operated as Dated: RCMU Producer By: Fred Lyn Utilities Division Manager RCMU P64 EXHIBIT A (continuedi Exhibit A includes a detailed description of the Generating Facility, Interconnection Facilities, and a single-line diagram supplied by Producer. Producer must submit a revised Exhibit A to reflect "as-built" condition and any future changes in the facilities. Producer must obtain written permission from RCMU's Authorized Representative prior to making such changes. Revision Number: 1 Dated: Table A-2 Equipment Information Prime Mover type Fuel Type Number of generators being installed Manufacturer Model Number Software Version Certified/Non-certified Generator Design Gross Nameplate rating Net Nameplate rating Total Gross Nameplate rating for facility Total Net Nameplate rating for facility _ Operating voltage Power factor rating Wiring Configuration 3-Phase Winding Configuration Neutral grounding system used Dated: RCMU Producer By: Fred Lyn Utilities Division Manager RCMU Site Plan and Single Line Diagram (diagrams follow—three pages) P65 EXHIBIT B Contact Information Rancho Cucamonga Municipal Utility: • Report Power Outages Affecting Host Customer to: 909-919-2612 (Mon —Thurs: 7am- 6pm) • After Hours / Emergency to: (909) 941-1488 • Generation/Interconnection Scheduling, Maintenance, and Emergencies: Primary Representative: Email address: - Phone: Alternative Representative: Phone: Producer/Host Customer: • Producer Company Name: • Producer 24-Hour Emergency Contact: • Producer Scheduling and Maintenance Contact: Primary Representative: Email address: Phone: Alternative Representative: Phone: • Producer— Business/Project Contact: Project Contact Info Phone/ Fax Email Address • Host Customer Company Name: xxx Customer Account Contact Info xxx Address xxx Email xxx Phone xxx • Host Customer 24-Hour Emergency Contact: xxx P66 EXHIBIT C (Not applicable) Attach the agreement that establishes and allocates responsibility for the design, installation, operation, maintenance, and ownership of the Interconnection Facilities, if RCMU owns any of such facilities P67 cielvA STAFF REPORT - 1% ENGINEERING SERVICES DEPARTMENT RANCHO Date: November 20, 2013 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Romeo M. David, Associate Engineer fate Subject: APPROVAL TO AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR THE CONSTRUCTION OF SIDEWALK IMPROVEMENTS AT 9TH STREET FROM HELLMAN AVENUE TO OLD SPUR TRACK AND BAKER AVENUE FROM 8TH STREET TO 9TH STREET, TO BE FUNDED FROM SAFE ROUTES TO SCHOOL GRANT, GAS TAX AND CITYWIDE INFRASTRUCTURE FUNDS RECOMMENDATION It is recommended that the City Council approve plans and specifications for the construction of sidewalk improvements at 9th Street from Hellman Avenue to Old Spur Track and Baker Avenue from 8th Street to 9th Street and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids". BACKGROUND/ANALYSIS Residents living in this area have expressed an interest in having a separated pathway for their children to walk on 9th Street and Baker Avenue toward to Los Amigos Elementary School. Currently, there are missing gap of sidewalks along the north side of 9th Street, between Hellman Avenue and the Old Spur Track and the east side of Baker Avenue between 8th Street and 9th Street. The installation of the sidewalks and driveway replacement will enable children to walk along 9th Street and Baker Avenue to the school without having to walk along the edge of pavement. Proceeding with this project serves the public purpose by helping to promote the safety of children walking to the school in the City. The project is funded from a Safe Routes to School Grant and Citywide Infrastructure Funds. Staff has determined that the project is categorically exempt per Article 19, Section 15301(c) of the CEQA guidelines. The Engineer's estimate for construction of the sidewalk improvements is $172,000. Legal advertising is scheduled for November 26, 2013 and December 3, 2013, with bid opening at 2:00 p.m. on Tuesday, December 10, 2013, unless extended by addendum. Respectfully submitted, Mark A. teuer Director of Engineering Services/City Engineer Attachments: Resolution and Vicinity Map II ALMOND ST Pat — II Ng(SI a Cht449v f( g LHILLSIDE RD. I A 1 W WILSON AVE. a a a � a W, 1 W ix > a T___---- \‘141) BANYAN ST. w ..21 riLN ____ ----iirt , (V LEMON AVE. ` LEMONI AVE 111 IIN r7 , t HIGHLAND AVE. l HIGHLAND AVE — �I y I� --ME�� ,.i �I -, _��=' 10 __ 19th ST . ' VICTORIAyQL 19th ST. _1 W PAR• N _ MO MONTE VI TA ST. `OtdTE VISTA ST, a I- 41 FAIRMONT UPLAND W g� y ti — :IR -- -— iii Irl a BASELINE AVE -_A i4 N/ 1 W a S/ • CHURCH ST.J a w. PI II >w I J\S P PKWY a aISAN BERNARDI a—I EMI RD -NM oc~§ FOOTHILL BLVD. ail B 4 !m 0 a - I a dill a q c y w 3I� i K 41 ctvt i CENTER am _ x ARROW ROUTE 1 D 9th ST. I JERSEY BLVD. ia W .INNO Sc LI 8t QTR ET _ I l41 W Sc o e > 7th STREET 6th STREET y I v4 W PROJECT 1 15 4th STREET LOCATION li CDCUC TI PARK ONTARIO I-I0 FREEWAY 10 NI CITY OF RANCHO CUCAMONGA A11 s�.4- �fC,,•�j, 9TH ST. (SPUR TO HELLMAN AVE.) & � slop•i BAKER AVE. (8TH ST. TO 9TH ST.) �J N.T.S. P69 RESOLUTION NO. 13-196 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF "SIDEWALK IMPROVEMENTS AT 9TH STREET FROM HELLMAN AVENUE TO OLD SPUR TRACK AND BAKER AVENUE FROM 8TH STREET TO 9TH STREET", IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared specifications for the construction of certain improvements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that the specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for the construction of "SIDEWALK IMPROVEMENTS AT 9TH STREET FROM HELLMAN AVENUE TO OLD SPUR TRACK AND BAKER AVENUE FROM 8TH STREET TO 9TH STREET". BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 p.m. on Tuesday, December 10, 2013, sealed bids or proposals for the construction of "SIDEWALK IMPROVEMENTS AT 9TH STREET FROM HELLMAN AVENUE TO OLD SPUR TRACK AND BAKER AVENUE FROM 8TH STREET TO 9TH STREET" in said City. Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, construction of"SIDEWALK IMPROVEMENTS AT 9TH STREET FROM HELLMAN AVENUE TO OLD SPUR TRACK AND BAKER AVENUE FROM 8TH STREET TO 9TH STREET". PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1,Articles 1 and 2,the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages Resolution No. 13-196 - Page 1 of 4 P70 for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than two hundred dollars ($200.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer,workman or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public work's project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Resolution No. 13-196— Page 2 of 4 P71 Eight(8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00)for each laborer,workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 1773.1. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least 10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashiers' check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100% of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; Including but not limited to a Class "A" License (General Engineering Contractor) of Class "C-8" License in accordance with the provisions of the Contractor's License Law(California Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto. The Contractor, pursuant to the"California Business and Professions Code,"Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date,and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. In an effort to go green and paperless, digital copies of the plans, specifications, and bid proposal, including any future addenda or revisions to the bid documents, are available by going to www.ciplist.com and signing up, by going to Member Login or Member Signup (it's free), then choose California, then scroll down to San Bernardino County and click on Browse Cities,then scroll Resolution No. 13-196 — Page 3 of 4 P72 down to Rancho Cucamonga and click on City Projects, then click on the Project of interest under the Title and follow directions for download. Note, copies of the plans, specifications, bid proposal, addendums and revisions will not be provided, digital copies must be downloaded from the above website then printed. Prospective bidders must register for an account on www.ciplist.com to be included on the prospective bidder's list(s) and to receive email updates of any addenda or revisions to the bid documents. Be advised that the information contained on this site may change over time and without notice to prospective bidders or registered users. While effort is made to keep information current and accurate and to notify registered prospective bidders of any changes to the bid documents, it is the responsibility of each prospective bidder to register with www.ciplist.com and to check this website on a DAILY basis through the close of bids for any applicable addenda or updates. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga to registered prospective bidders from www.ciplist.com. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, reserves the right to reject any or all bids. Questions regarding this Notice Inviting Bids for the construction of"SIDEWALK IMPROVEMENTS AT 9TH STREET FROM HELLMAN AVENUE TO OLD SPUR TRACK AND BAKER AVENUE FROM 8TH STREET TO 9TH STREET" may be directed to: ROMEO M. DAVID, ASSOCIATE ENGINEER & PROJECT MANAGER 10500 Civic Center Drive, Rancho Cucamonga, CA 91730 (909) 477-2740, ext. 4070 ADVERTISE ON: November 26, 2013 and December 3, 2013 Resolution No. 13-196 — Page 4 of 4 P73 STAFF REPORT ci ENGINEERING SERVICES DEPARTMENT J RANCHO Date: November 20, 2013 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Jerry A. Dyer, Principal Civil Enginee Shelley Hayes, Assistant Engineer I L Subject: RELEASE OF MAINTENANCE GUARANTEE BOND NO. 1000826434 IN THE AMOUNT OF $25,415.19 FOR THE MANZANITA DRIVE STORM DRAIN IMPROVEMENTS, CONTRACT NO. 12-043 RECOMMENDATION It is recommended that the City Council authorize the City Clerk to release the Maintenance Guarantee Bond No. 1000826434 in the amount of $25,415.19 for the Manzanita Drive Storm Drain improvements, Contract No. 12-043. BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the improvements remain free from defects in materials and workmanship. Contractor: G. Hurtado Construction 16130 Reiner Circle Riverside, CA 92504 Respectfully submitted, Mark A. Steuer Director of Engineering Services/City Engineer MAS/JAD/SH:Is P74 � I NO' \ t I ZIMA c \ .1 11 , \ / Zp2� WILSON AV �� co,` !^ \ O 0 •__,____--f---------) . ___,_, HARPER m _________- I _ COTTONWOOD WY % STORM DRAIN : W __(')-/ 14 - xt • - z in ( Y I— O Y O% w t.MANZANITA DR 1 1 m m • \\ li I O 2 cc qqw11 1 SLNFLOW,R ST YJ �� CO PR 5 /� a / w / ¢ O CITY OF RANCHO CUCAMONGA N ' SCALE l i� �h . �'�'' MANZANITA DRIVE STORM DRAIN IMPROVEMENT PROJECT „mro P75 STAFF REPORT h ENGINEERING SERVICES DEPARTMENT RANCHO Date: November 20, 2013 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Jerry A. Dyer, Principal Civil Engineer 4,1 Shelley Hayes, Assistant Engineer G; e Subject: RELEASE OF FAITHFUL PERFORMANCE BOND NO. 1000826424 HELD IN-LIEU OF A MAINTENANCE GUARANTEE BOND IN THE AMOUNT OF $195,183.58 FOR THE ETIWANDA CREEK PARK PARKING LOT RENOVATION AND WEST BERYL PARK ADA RETROFIT, CONTRACT NO. 12-039 RECOMMENDATION It is recommended that the City Council authorize the City Clerk to release the Faithful Performance Bond No. 1000826424 held in-lieu of a Maintenance Guarantee Bond in the amount of $195,183.58 for the Etiwanda Creek Park Parking Lot Renovation and West Beryl Park ADA Retrofit, Contract No. 12-039. BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the improvements remain free from defects in materials and workmanship. Contractor: Elite Companies US, Inc. 15321 La Salle Lane Huntington Beach, CA 92647 Respectfully submitted, Director of Engineering Services/City Engineer MAS/JAD/SH:Is a.1.1--, �6 _ 1 Ti 11/ - -- :a o \ \ \ � V\,) �,J >v � 1 ,'j0 ;\ °rq / ---jA • i ` _ I �1 \\', WILSON AVENUE \ I_ ;� 1 r Eao� "�1--- i. / . --- I N. / �y E m PHILL.oa i , �- 7'."'.,.._.j w I L Q /E` / \ F J MN,OMB OR i '� Fw5 Pub.. 1E PL Q W I mss, 23RD STREET - _� 8— —._1 _ — - - �KAEEt. i 1 �_ PROJECT . Z SITE w i , I > i I I M�EA Q I - G 1 - W I ( % I J — _-- BANYAN STREET j, • ,L EA - -->„.".,4E,..<\ , 1 — '—_. __ 1 1,—'IV_ ( \' _10 \?..—'1 --" —.... L � p ,, ,______7___ F- \''- _ ! 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Lii ', - ' ,, I __LL LI,j I Li-i __] P . 1 , El i •P 7 u_rTil, m .., , LH Eti- ] - '.7 '- 1 I LH._ 1 4.1 '-.i r7-15"rEra.ITII: ITLI 1 --7 (--TTTT I I 1----r—, (—r—i 1 1 1 i I 1 i i i--1—) 1-1--- 1 Fl I 1 hi_.1 LI 17; 1 1 i I N .. CITY OF RANCHO CUCAMONGA N w.Ai-P-I-''.E '.-,)•"-i N WEST BERYL PARK ADA RETROFIT S NOT TO SCALE / N P78 STAFF REPORT ENGINEERING SERVICES DEPARTMENT RANCHO Date: November 20, 2013 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Jason C. Welday, Traffic Engineerc Subject: APPROVAL OF A COOPERATIVE AGREEMENT BETWEEN THE CITY OF FONTANA AND THE CITY OF RANCHO CUCAMONGA FOR MAINTENANCE OF LANDSCAPE IMPROVEMENTS RELATED TO THE INTERSTATE 15 AT BASE LINE ROAD INTERCHANGE PROJECT RECOMMENDATION It is recommended that the City Council approve the attached Cooperative Agreement with the City of Fontana (Fontana) and authorize the City Manager to sign the agreement. BACKGROUND/ANALYSIS On May 1, 2013, the City entered into an agreement with the California Department of Transportation (Caltrans) for the maintenance of landscape improvements within the State Highway Right of Way to be constructed as part of the Interstate 15 at Base Line Road Interchange Project. The agreement set forth responsibilities for the City to maintain an area identified as the "State Maintained Area" for a period of six (6) years after construction and a second area identified as the "City Maintained Area" in perpetuity. Portions of both the State Maintained Area and the City Maintained Area lie within Fontana. Presented for consideration by the City Council is the attached Cooperative Agreement. This Cooperative Agreement will delegate responsibilities for maintenance of the City Maintained Area between the City and Fontana. Delegation of responsibility for maintenance of the State Maintained Area will be covered under a separate reimbursement agreement between the cities. Under the Cooperative Agreement, Fontana will be delegated the responsibility for maintenance of the portions of the City Maintained Area lying within its boundaries. Fontana will perform its responsibilities at its own cost and with its own forces or contractors in accordance with the agreement between the City and Caltrans. The City Attorney's Office has reviewed the attached agreement as to form. Respectfully submitted, M Director of Engineering Services/City Engineer MAS/JCW:Is Attachments: Exhibit"A"—Cooperative Agreement P79 COOPERATIVE AGREEMENT BETWEEN THE CITY OF FONTANA AND THE CITY OF RANCHO CUCAMONGA THIS AGREEMENT is made and entered into the 26th day of November, 2013, by and between the City of Fontana, a municipal corporation ("Fontana"), and the City of Rancho Cucamonga, a municipal corporation ("Rancho Cucamonga") ("Agreement"). WITNESSETH WHEREAS, Rancho Cucamonga has entered into an agreement ("Caltrans Agreement") (Rancho Cucamonga Agreement No. C013-096) with the State of California Department of Transportation for the maintenance of certain landscape improvements within State Highway Right of Way related to the Interstate 15 at Base Line Road / Baseline Avenue Improvements Project, a copy of which is attached as Exhibit 1 and incorporated by reference as if fully set forth herein; and WHEREAS, Exhibit "A" of said Caltrans Agreement defines the area of responsibility under the Caltrans Agreement as "Landscape Improvement Work Area (to be maintained by City in perpetuity)" ("City Maintained Area") and "Landscape Improvement Work Area (to be maintained by State after 3 year plant establishment and a 3 year city maintenance period)" ("State Maintained Area"); and WHEREAS, portions of City Maintained Area and State Maintained Area lie within Fontana; and WHEREAS, Rancho Cucamonga and Fontana desire to provide for the ongoing maintenance of the landscape and irrigation facilities in accordance with said Caltrans Agreement with respect to their cities; and WHEREAS, Rancho Cucamonga will fulfill those duties and obligations defined in said Caltrans Agreement for landscape improvements within the State Maintained Area as part of the construction phase of the Base Line Road / Baseline Avenue Improvements Project and will seek reimbursement for Fontana's portion of the expenses associated with the fulfillment of these duties and obligations in accordance with the Reimbursement Agreement between Rancho Cucamonga and Fontana dated November 26, 2013 (Rancho Cucamonga Agreement No. C013-248); and WHEREAS, Rancho Cucamonga desires to delegate responsibility for those duties and obligations defined in said Caltrans Agreement for landscape improvements within the City Maintained Area that lie within Fontana; NOW, THEREFORE, it is hereby agreed as follows: P80 OBLIGATIONS OF RANCHO CUCAMONGA 1. Rancho Cucamonga shall provide Fontana with a full set of record drawings applicable to the landscape and irrigation facilities lying within Fontana. 2. Rancho Cucamonga shall maintain the landscape improvements within City Maintained Area lying within Rancho Cucamonga, either directly or through the use of contractors in accordance with all of the provisions of said Caltrans Agreement. Such maintenance shall include but not be limited to payment of all utility costs associated with the landscape improvements and maintenance of landscaping, planting, irrigation systems, hardscaping, mulches, litter and weed removal, and sidewalks; and 3. Rancho Cucamonga shall perform the maintenance described in Article 2 above wholly at its own expense. OBLIGATIONS OF FONTANA 4. Fontana shall be responsible for the maintenance of the landscape improvements within City Maintained Area lying within Fontana, either directly or through the use of contractors in accordance with all of the provisions of said Caltrans Agreement. Such maintenance shall include but not be limited to payment of all utility costs associated with the landscape improvements and maintenance of landscaping, planting, irrigation systems, hardscaping, mulches, litter and weed removal, and sidewalks. 5. Fontana agrees that should it default in regard to its obligations under this Agreement and Rancho Cucamonga receives notice from State as described in said Caltrans Agreement, Fontana shall correct the deficiencies within 15 calendar days of receiving notice from Rancho Cucamonga of such default. In the event Fontana fails to correct the deficiencies within 15 calendar days, Rancho Cucamonga shall correct the deficiencies stated in the notice and invoice Fontana for the cost of such correction. Fontana shall remit payment for such work within 30 days from receipt of an invoice. 6. Fontana shall perform the maintenance described in Article 4, and 5 above wholly at its own expense. MUTUAL OBLIGATIONS 7. Neither Rancho Cucamonga nor any officer, employee, or agent thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by Fontana under or in connection with any work, authority, or jurisdiction delegated to Fontana under this agreement, or for work performed by Rancho Cucamonga in order to correct deficiencies as described in Article 5 of this agreement It is also agreed that pursuant to Government Code Section 1381 895.4, Fontana shall fully indemnify, defend and hold Rancho Cucamonga harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by Fontana under or in connection with any work, authority, or jurisdiction delegated to Fontana under this agreement, or for work performed by Rancho Cucamonga in order to correct deficiencies as described in Article 5 of this agreement. 8. Neither Fontana nor any officer, employee, or agent thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by Rancho Cucamonga under or in connection with any work, authority, or jurisdiction delegated to Rancho Cucamonga under this agreement. It is also agreed that pursuant to Government Code Section 895.4, Rancho Cucamonga shall fully indemnify, defend and hold Fontana harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by Rancho Cucamonga under or in connection with any work, authority, or jurisdiction delegated to Rancho Cucamonga under this agreement 9. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 10.This Agreement supersedes any and all other agreements, either oral or in writing, between Rancho Cucamonga and Fontana with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this agreement shall be valid and binding. Any modification to this Agreement shall be effective only if it is in writing signed by all parties. 11.In the event any legal action becomes necessary to enforce any provision of this Agreement or to obtain damages due to an alleged breach of any provision of this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorney's fees, court costs, and any and all other costs of litigation determined to be reasonable by the Court. Signatures are on the following page. P82 IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed by their respective officials thereunto duly authorized. THE CITY OF RANCHO CUCAMONGA THE CITY OF FONTANA By: By: L. Dennis Michael Acquanetta Warren MAYOR Mayor Attest: By: By: Janice C. Reynolds Tonia Lewis City Clerk City Clerk By: By: James L. Markman Jeff Ballinger City Attorney City Attorney P83 Exhibit 1 P84 AGREEMENT FOR LANDSCAPE MAINTENANCE WITHIN STATE HIGHWAY RIGHT OF WAY ON ROUTE I-15 WITHIN THE CITY OF RANCHO CUCAMONGA THIS AGREEMENT is made and executed effective this 15? day of Mety 2013 by and between the State of California, acting through its Departfnent of Transportation, hereinafter referred to as "STATE," and the City of Rancho Cucamonga, hereinafter referred to as "CITY," together referred to as "PARTIES". WITNESSETH RECITALS: 1. PARTIES desire to work together to allocate their respective obligations relative to newly constructed or revised improvements within STATE's right of way by Cooperative Agreement Number 8-1455 dated November 30, 2009, and Permit Number EA 49710. 2. This Agreement addresses CITY responsibility for the landscaping, planting, irrigation systems, hardscaping, mulches, litter and weed removal and, sidewalks (collectively the "LANDSCAPING") placed within State Highway right of way on State Route 1-15, as shown on Exhibit A, attached to and made a part of this Agreement. • Section I In consideration of the mutual covenants and promises herein contained, CITY and STATE agree as follows: a) PARTIES have agreed to an allocation of maintenance responsibilities that includes, but is not limited to, inspection, providing emergency repair, replacement, & maintenance, (collectively hereinafter "MAINTAIN/MAINTENANCE") of LANDSCAPING as shown on said Exhibit "A." b) When a planned future improvement is constructed and/or a minor revision has been effected with STATE's consent or initiation within the limits of the STATE's right of way herein described which affects PARTIES' Division of Maintenance's responsibility as described herein, PARTIES will agree upon and execute a new dated and revised Exhibit which will be made a part hereof and will thereafter supersede the attached original Exhibit "A" to thereafter become a part of this Agreement. The new exhibit can be executed only upon written consent of the Parties hereto acting by and through their authorized representatives. No formal amendment to this Agreement will be required. P85 Section II CITY agrees, at CITY expense, to do the following: a) CITY may install, or contract with a licensed contractor with appropriate class of license in the State of California, to install {if relevant} and thereafter will MAINTAIN (Section 27 of the Streets and Highways Code) LANDSCAPING conforming to those plans and specifications (PS&E) pre-approved by STATE. b) CITY will submit the final form of the PS&E, prepared, stamped and signed by a licensed landscape architect, for LANDSCAPING to STATE's District Permit Engineer for review and approval and will obtain and have in place a valid necessary encroachment permit prior to the start of any work within STATE'S right of way. All proposed LANDSCAPING must meet STATE's applicable standards. c) CITY shall ensure that LANDSCAPED areas designated on Exhibit "A" are provided with adequate scheduled routine MAINTENANCE necessary to MAINTAIN a neat and attractive appearance. d) An Encroachment Permit rider may be required for any changes to the scope of work allowed by this Agreement prior to the start of any work within STATE'S right of way. e) CITY contractors will be required to obtain an Encroachment Permit prior to the start of any work within STATE's right of way. f) To furnish electricity for irrigation system controls, water, and fertilizer necessary to sustain healthy plant growth during the entire life of this Agreement. g) To replace unhealthy or dead plantings when observed or within 30 days when • notified in writing by STATE that plant replacement is required. h) To prune shrubs, tree plantings, and trees to control extraneous growth and ensure STATE standard lines of sight to signs and corner sight distances are always maintained for the safety of the public. i) To MAINTAIN, repair and operate the irrigation systems in a manner that prevents water from flooding or spraying onto STATE highway, spraying parked and moving automobiles, spraying pedestrians on public sidewalks/bike paths, or leaving surface water that becomes a hazard to vehicular or pedestrian/bicyclist travel. '2 P86 j) To control weeds at a level acceptable to the STATE. Any weed control performed by chemical weed sprays (herbicides) shall comply with all laws, rules, and regulations established by the California Department of Food and Agriculture. All chemical spray operations shall be reported quarterly (form LA17) to the STATE to: the District Maintenance at 464 W. 4th St, San Bernardino, CA 92401. k) To expeditiously repair any STATE facility damage ensuing from CITY'S LANDSCAPE presence and, activities, including, but not limited to, damaged caused by plants and plant roots and to reimburse STATE for its costs to repair the STATE facility damage ensuing from CITY's LANDSCAPE presence and activities should STATE be required to cure a CITY default. I) To remove LANDSCAPING and appurtenances and restore STATE owned areas to a safe and attractive condition acceptable to STATE in the event this Agreement is terminated as set forth herein. m) To furnish electricity and MAINTAIN landscape lighting system and controls for all landscape lighting systems installed by and for CITY. n) To inspect LANDSCAPING on a regular monthly or weekly basis to ensure the safe operation and condition of the LANDSCAPING. o) To expeditiously MAINTAIN, replace, repair or remove from service any LANDSCAPING system component that has become unsafe or unsightly. p) To allow random inspection of LANDSCAPING, landscape lighting systems and signs by a STATE representative. q) To keep the entire landscaped area policed and free of litter and deleterious material. r) All work by or on behalf of CITY will be done at no cost to STATE. Section III STATE agrees to do the following: a) May provide CITY with timely written notice of unsatisfactory conditions that require correction by the CITY. However, the non-receipt of notice does not excuse CITY from maintenance responsibilities assumed under this Agreement. b) Issue encroachment permits to CITY and CITY contractors at no cost to them, 3 P87 Section IV Legal Relations and Responsibilities: a) Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement, or affect the legal liability of either PARTY to this Agreement by imposing any standard of care respecting the design, construction and maintenance of these STATE highway improvements or CITY facilities different from the standard of care imposed by law. b) If during the term of this Agreement, CITY should cease to MAINTAIN the LANDSCAPING to the satisfaction of STATE as provided by this Agreement, STATE may either undertake to perform that MAINTENANCE on behalf of CITY at CITY's expense or direct CITY to remove or itself remove LANDSCAPING at CITY's sole expense and restore STATE's right of way to its prior or a safe operable condition. CITY hereby agrees to pay said STATE expenses, within thirty (30) days of receipt of billing by STATE. However, prior to STATE performing any MAINTENANCE or removing LANDSCAPING, STATE will provide written notice to CITY to cure the default and CITY will have thirty (30) days within which to effect that cure. c) Neither CITY 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 CITY 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 with the exception of those actions of STATE necessary to cure a noticed default on the part of CITY. d) 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 CITY under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE 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 or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement. 4 P88 e) Prevailing Wage Requirements: Labor Code Compliance: If the work performed on this Project is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public work" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public work. Work performed by CITY'S own forces is exempt from the Labor Code's Prevailing Wage requirements. f) Prevailing Wage Requirements in Subcontracts CITY shall require its contractors to include prevailing wage requirements in all subcontracts funded by this Agreement when the work to be performed by the subcontractor is a "public work" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts. g) Insurance CITY and their contractors shall maintain in force, during the term of this agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the State of California, its officers, agents and employees as the additional insured in an amount of$1 million per occurrence and $2 million in aggregate. Coverage shall be evidenced by a certificate of Insurance in a form satisfactory to Department that shall be delivered to Department with a signed copy of this Agreement. h) Termination This Agreement may be terminated by timely mutual written consent by PARTIES, and CITY's failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE. i) Term of Agreement This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the parties or until terminated by STATE for cause. 5 P89 PARTIES are empowered by Streets and Highways Code Section 114 & 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. THE CITY OF RANCHO STATE OF CALIFORNIA CUCAM• • : DEPARTMENT OF TRANSPORTATION By: 1.1111...e John R. Gillison MALCOLM DOUGHERTY CITY Manager Director of Transportation Attest: By Deputy Director By: / Maintenance �J J. ice C. Reynolds C ' Y Clerk As to form and procedure: By: By: /liiej( 41UL( James L. Mar cman Attorney CITY Attorney Department of Transportation 6 P90 o rw W m Li NAG �� W `1 u M D ° OZ ZW < in 2 o ow en n I p °Z� u O CC cc Cr X Z TO Li Z ZQQ Q ZQ r 7Z .1 arD V ci `v^\ &Oa 0-O ZZ \/W--� COW -St Lel ���� aw'" 41.4 =z wZ av z _, ^Y'�� i.; Lida- actsl-J2 '^ a 0 \ z Nd- NaHCD� ,.--a en Z d O cp•,›S..\ % ./ice. W DYU ZCt Fi— y J 0 `� y Y w LICO a9M1=i~ r n /� J J3Cm J#0]WU m .. a "'�i ' w O w V1 j W Cr Z 1 �fb 'a' z a z r V ua 1 eIM, �, z `�• ham` II ' W � . - `11!��__ - 1;,,\ , - y ( and lSV3 env 1SV1 �1\ `c,r"- -„W 'W tit kN. ."* i6%11411j4 „ Iktk..Ndls•j• VI\ oi \! °!. \ 1`,•\ ddb, V^ fir` - r` . w •d-Vr 9,( N. .40 1/` 1-,..,_.WD \I \ '`� '`/t� •. dLi \ t. LiMZ 1 . 1 Z NN Q MM Q C1 ULi 1 IS 00 �' a7 Z CCU • O UQ • CL w CCv( %\, • d a: Lt N • QU ,O M HZ}-J< NW -J< . li LiY Q?HW owcMar Q J a ■ P91 ��' STAFF REPORT ' ENGINEERING SERVICES DEPARTMENT Date: November 20, 2013 RANCHO CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Jason C. Welday, Traffic EngineerCt3 Subject: APPROVAL OF A COOPERATIVE AGREEMENT BETWEEN THE INLAND EMPIRE UTILITIES AGENCY AND THE CITY OF RANCHO CUCAMONGA FOR RELOCATION OF RECLAIMED WATER FACILITIES IN CONJUNCTION WITH THE INTERSTATE 15 AT BASE LINE ROAD INTERCHANGE PROJECT RECOMMENDATION It is recommended that the City Council approve the attached Cooperative Agreement with Inland Empire Utilities Agency (IEUA) and authorize the City Manager to sign the agreement. BACKGROUND/ANALYSIS Final design for the Interstate 15 at Base Line Road Interchange Improvement Project has been completed and construction is anticipated to begin in the first quarter of 2014. In order to construct the proposed improvements, the relocation of certain reclaimed water facilities owned and operated by IEUA is required. These facilities were previously installed by IEUA within the public right-of-way under a permit issued by the City and the responsibility for relocation of the conflicting facilities lies with IEUA. In order to efficiently coordinate the construction of the proposed improvements and the necessary relocations, it is desirable for the relocations to be included in the scope of work for the interchange project. The attached Cooperative Agreement is presented for consideration by the City Council. This agreement will define the roles and responsibilities of each party with respect to the relocation of the conflicting reclaimed water facilities. Under this agreement, the relocation of IEUA's conflicting facilities will be bid and constructed as part of the interchange project's construction contract. The City will seek reimbursement for the costs associated with the relocation of IEUA's facilities. This reimbursement will include actual costs paid to the contractor for the relocation work along with construction management and administration costs (established at 20% of the relocation construction costs). The total cost for the relocation of IEUA's facilities including construction management and administration costs is estimated at $480,000. The City Attorneys Office has reviewed the attached agreement as to form. Respectfully submitted, ei r Director of Engineering Services/City Engineer MAS/JCW:Is Attachments: Exhibit"A"—Cooperative Agreement P92 COOPERATIVE AGREEMENT BETWEEN THE INLAND EMPIRE UTILITIES AGENCY AND THE CITY OF RANCHO CUCAMONGA FOR THE RELOCATION OF RECLAIMED WATER FACILITIES IN CONJUCTION WITH THE INTERSTATE 15 AT BASE LINE ROAD INTERCHANGE PROJECT 1. Parties and Date THIS COOPERATIVE AGREEMENT ("Agreement") is made and is effective this day of , 2013, by and between the INLAND EMPIRE UTILITIES AGENCY, a municipal water district ("IEUA") and the CITY OF RANCHO CUCAMONGA, a municipal corporation ("City") (Collectively referred to as "parties."). 2. Recitals 2.1 The parties desire to cooperate and jointly participate in a project to relocate existing reclaimed water facilities in conflict with the City's proposed Interstate 15 at Base Line Road Interchange Project ("Project") and to be constructed in conjunction with the Project. Work shall consist of the relocation of 36" concrete encased steel reclaimed water lines and various appurtenances in Base Line Road, Baseline Avenue, and East Avenue in the vicinity of the Project ("Work"). The City entered into a Cooperative Agreement with the California Department of Transportation ("Caltrans") whereby, the City was designated as the lead agency for the purpose of managing the construction of the Project. IEUA designates the City as the Lead Agency to coordinate and construct said Work as shown in IEUA's plans attached hereto as Exhibit "A" 2.2 The Work is located within the jurisdictional boundaries of IEUA, the City of Fontana, Caltrans, and the City and will be of mutual benefit to both parties to this agreement. 2.3 The parties desire to set forth their respective responsibilities and obligations in regards to each Party's participation and funding of the Work. 2.4 The parties acknowledge that liability for the Work is 100%that of IEUA. 3. Terms 3.1 Effective Date. This Agreement shall be made effective upon execution by both parties and shall remain in effect until terminated pursuant to Section 3.5.5. 3.2 Total Work Cost. The total cost of the Work is estimated to be Four Hundred Eighty Thousand ($480,000) ("Total Estimated Cost"). The Total Estimated Cost includes the cost of construction, construction engineering/management, survey services, and geotechnical services. The Work to be constructed under the Project will be identified in the bids as `IEUA'. The City shall provide IEUA with a copy of all bids received for the Project, and shall allow IEUA ten (10) calendar days within which IEUA may review the bid documents. IEUA agrees that in the event they reject the bid for the Work, IEUA will perform the work so as to not cause delay to the Project. 3.3 IEUA's Responsibilities. IEUA shall: P93 3.3.1 Prepare all plans and specifications for the Work and shall provide approved final drawings to the City for inclusion with the City's Project. 3.3.2 Pay to the City the following actual costs incurred by the City: • One hundred percent (100%) of the construction costs associated with the Work. • Twenty percent (20%) of the construction costs associated with the Work to reimburse the City for construction management costs, traffic control, survey, and compaction testing costs associated with the Work. 3.3.3 Payments for the services set forth in Section 3.3.2 shall be paid by IEUA within thirty (30) days following receipt of invoice(s) from the City, as set forth in Section 3.4.5. In the event IEUA disputes the amount of the invoice, IEUA shall notify the City, and the parties shall exercise good faith efforts to resolve the matter. The City shall include contractor's invoices as backup attached to their invoices for the work. 3.3.4 Provide inspection service with regards to the construction of the Work and the associated pipe zone. 3.3.5 Negotiate with the City and approve costs for work done as a result of change orders or extra work as approved by both IEUA and the City. 3.4 The City's Responsibilities. The City shall: 3.4.1 Provide complete documentation for successful California Environmental Quality Act ("CEQA") compliance and complete the applicable procedures for CEQA compliance. 3.4.2 Provide all necessary construction management to complete the Work. 3.4.3 Notify IEUA of change orders prior to work authorization for IEUA's approval which approval shall not be unreasonably withheld. 3.4.4 Advertise, award and fund the construction of the Project in accordance with applicable law. 3.4.5 Issue progress payments to the Project contractor(s), process construction Change Orders as may be necessary, record a Notice of Completion for the Project, and provide IEUA with a certified copy of the recorded Notice of Completion within thirty (30) days of recordation and return. 3.4.6 Provide invoices to IEUA as progress payments against costs outlined in Section 3.3.2 for funds paid to the Project contractor(s) and consultant(s). Cooperative Agreement IEUA/City of Rancho Cucamonga Page 2 Relocation of Reclaimed Water Facility I15 and Base Line Road P94 3.4.7 City may perform its obligations under this agreement either with its own forces or through a separate agreement with the San Bernardino Associated Governments (SANBAG). 3.5 General Provisions. 3.5.1 The Work is primarily the relocation of reclaimed water facilities in Base Line Road, Baseline Avenue and East Avenue. IEUA's involvement is solely limited to the construction and installation of the Work as shown in Exhibit"A". 3.5.2 IEUA will pay the portion of Project costs as stated in Sections 3.3.2 and 3.3.5 in connection with the construction and installation of the Work. 3.5.3 The City shall indemnify, defend, save and hold harmless IEUA, its elected officials, officers, directors, employees, agents, and volunteers from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including but not limited to bodily injury, death, personal injury, property damages, or any claims caused by the willful actions or active negligence of the City, its elected officials, officers, directors, employees, agents, volunteers, contractors or subcontractors in the performance of its obligations pursuant to this Agreement, and shall include attorneys' fees and other reasonable costs incurred in defending any such claim. 3.5.4 IEUA shall indemnify, defend, save and hold harmless the City, its elected officials, officers, directors, employees, agents, and volunteers from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including but not limited to bodily injury, death, personal injury, property damages, or any claims caused by the willful actions or active negligence of IEUA, its elected officials, officers, directors, employees, agents, volunteers, contractors or subcontractors in the performance of its obligations pursuant to this Agreement, and shall include attorneys' fees and other reasonable costs incurred in defending any such claim. 3.5.5 This Agreement shall, unless terminated earlier by either party, automatically terminate upon the date on which both of the following has occurred: (1) the Notice of Completion has been duly recorded; (2) the City has made all payments to the Contractors for the Work and, (3) all payment obligations of IEUA have been met. Either party may terminate this Agreement, for cause, based on a material breach by the other party, following written notice of such breach to the other party and a reasonable opportunity for cure. In addition, except as stated in paragraph 3.2 above, either party may terminate this Agreement, without cause, provided the terminating party provides at least sixty (60) days advance written notice to the other party, and provided payment for the terminating party satisfies its monetary obligations under this Agreement that were incurred up until the date of the written notice. 3.5.6 All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Cooperative Agreement IEUA/City of Rancho Cucamonga Page 3 Relocation of Reclaimed Water Facility I15 and Base Line Road P95 To IEUA: To City: Inland Empire Utilities Agency City of Rancho Cucamonga 6075 Kimball Avenue 10500 Civic Center Dr. Chino, CA 91708 Rancho Cucamonga, CA 91729 Attn: Warren Green Attn: Jason Welday Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail,first class postage prepaid and addressed to the party at its applicable address. 3.5.7 If any legal action or other proceeding is brought in connection with this Agreement each party shall be obligated to pay their respective legal costs and attorney fees regardless of the disposition of the claim. 3.5.8 If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall constitute in full force and effect. 3.5.9 This Agreement contains the entire Agreement between the parties and supersedes any prior oral or written statements or agreements between the parties. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 3.5.10 This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument. [SIGNATURES ON THE FOLLOWING PAGE] Cooperative Agreement IEUA/City of Rancho Cucamonga Page 4 Relocation of Reclaimed Water Facility I15 and Base Line Road P96 SIGNATURE PAGE TO COOPERATIVE AGREEMENT BETWEEN THE INLAND EMPIRE UTILITY AGENCY AND THE CITY OF RANCHO CUCAMONGA FOR THE RELOCATION OF RECLAIMED WATER FACILITIES IN CONJUCTION WITH THE INTERSTATE 15 AT BASE LINE ROAD INTERCHANGE PROJECT INLAND EMPIRE UTILITIES AGENCY CITY OF RANCHO CUCAMONGA A MUNICIPAL WATER DISTRICT A MUNICIPAL CORPORATION By: By: Terry Catlin L.Dennis Michael President,Board of Directors Mayor Attest: By: Janice C.Reynolds City Clerk Approved as to form: Approved as to Form: By: By: Jean Cihigoyenetche James L. Markman General Counsel City Attorney Recommended for Approval: By: Mark A. Steuer, PE Director of Engineering Services/City Engineer P 9 7 STAFF REPORT 6 ENGINEERING SERVICES DEPARTMENT Date: November 20, 2013 RANCHO CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Jason C. Welday, Traffic EngineerC Subject: APPROVAL OF A REIMBURSEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE CITY OF FONTANA FOR INTERSTATE 15 AT BASE LINE ROAD INTERCHANGE IMPROVEMENTS RECOMMENDATION It is recommended that the City Council approve the attached Reimbursement Agreement with the City of Fontana (Fontana) and authorize the City Manager to sign the agreement. BACKGROUND/ANALYSIS The Interstate 15 at Base Line Road Interchange Project (1-15 / Base Line Project) is identified as part of the Measure I 2010-2040 Expenditure Plan and the San Bernardino Associated Governments (SANBAG) Development Mitigation Nexus Study dated November 2, 2011 (Nexus Study). The Nexus Study defines each project's Public Share (the portion of the project costs eligible for funding by Measure I revenues) and Local Share (the portion of the project costs required to be funded by local Developer Impact Fees). The Nexus Study further breaks down responsibility for the Construction Phase Local Share costs between local agencies based on each agency's contribution of traffic to the interchange. The breakdown of the Local Share for the 1-15 / Base Line Project is 66.6% City of Rancho Cucamonga (City) and 33.4% City of Fontana (Fontana). SANBAG's Measure I Strategic Plan Policy 40005 VFI-20 requires that the City coordinate collection of Fontana's portion of the Local Share for use on the project. Fontana has indicated that developer impact fees sufficient to cover its portion of the Local Share are not currently available to proceed with the 1-15 / Base Line Project. Construction for the project is anticipated to begin in the first quarter of 2014. In order to continue with the project as scheduled and avoid delays and escalation of project costs, the City will need to advance Fontana's portion of the Local Share and seek reimbursement at a later date. Under the attached Reimbursement Agreement, the City will advance Fontana's portion of the Local Share (currently estimated at $6,028,000) and will be reimbursed in full no later than eight (8) years from the date of execution of the agreement. Reimbursement will be made at a rate of 33.4% of the Construction Phase Local Share based on actual project expenses. The City Attorney's Office has reviewed the attached agreement as to form. Res ubmitted, . er Director of Engineering Services/City Engineer MAS/JCW:Is Attachments: Exhibit"A"—Cooperative Agreement P98 REIMBURSEMENT AGREEMENT BETWEEN CITY OF RANCHO CUCAMONGA AND CITY OF FONTANA FOR INTERSTATE 15 BASE LINE ROAD INTERCHANGE IMPROVEMENTS This Reimbursement Agreement (hereinafter referred to as "Agreement") is made and entered into by and between the City of Rancho Cucamonga (hereinafter referred to as "RANCHO CUCAMONGA") and the City of Fontana (hereinafter referred to as "FONTANA") (collectively referred to as "Parties") for FONTANA reimbursement of RANCHO CUCAMONGA for certain expenditures related to the construction of the Interstate 15 Base Line Road Interchange Improvement Project to include: Base Line Road/Baseline Avenue and East Avenue widening, modification of the four diamond interchange ramps, and construction of the southbound loop on-ramp, highway planting, plant establishment, and extended plant maintenance. RECITALS WHEREAS, the Measure I 2010-2040 ("Measure I") Expenditure Plan and the SANBAG Development Mitigation Nexus Study dated November 2, 2011 ("Nexus Study"), identified freeway interchange projects eligible for partial funding from Measure I revenues; and WHEREAS, RANCHO CUCAMONGA and the San Bernardino County Transportation Authority (hereinafter referred to as "AUTHORITY") entered into an agreement whereby they intend to construct Interstate 15 Base Line Road/Baseline Avenue Interchange Improvements to include: Base Line Road and East Avenue widening, modification of the four diamond interchange ramps; and construction of the southbound loop on-ramp, highway planting, plant establishment, and extended plant maintenance ("PROJECT") in the Cities of RANCHO CUCAMONGA and FONTANA; and WHEREAS, the PROJECT is located along the border of RANCHO CUCAMONGA and FONTANA and is mutually beneficial to both and has been identified in the circulation element of each of the Cities' General Plans, as it will relieve traffic congestion at the PROJECT site for commuters and truck traffic from both Cities; and Page 1 of 7 P99 WHEREAS, RANCHO CUCAMONGA must begin the PROJECT prior to Measure I funds being available for this PROJECT and has entered into an Advance Expenditure Agreement with the AUTHORITY to reimburse RANCHO CUCAMONGA for AUTHORITY'S share of eligible PROJECT expenditures with Measure I 2010-2040 Valley Freeway Interchange Program funds or other funds under Authority control according to Measure I Strategic Plan Policy 40002; and WHEREAS, the Nexus Study identifies RANCHO CUCAMONGA's financial contribution to the PROJECT as being 66.6 percent of the Local Share portion and FONTANA'S financial contribution being 33.4 percent of the Local Share as identified in Attachment A; and WHEREAS, it is necessary that RANCHO CUCAMONGA wishes to begin PROJECT prior to FONTANA'S share of funds being available; and WHEREAS, FONTANA is due reimbursements from the AUTHORITY for advancing funds on other transportation projects and FONTANA has expressed a willingness to utilize either these reimbursement funds or development impact fees it collects to reimburse RANCHO CUCAMONGA for its portion of the Local Share. NOW, THEREFORE, FONTANA and RANCHO CUCAMONGA agree to the following: SECTION I ■ FONTANA AGREES: 1. FONTANA agrees to reimburse RANCHO CUCAMONGA for 33.4 percent of the Local Share for those eligible PROJECT expenses that are incurred by RANCHO CUCAMONGA for the PROJECT, as set forth in Attachment A to this Agreement. 2. FONTANA agrees to reimburse RANCHO CUCAMONGA for its share of costs no later than eight (8) years from the date of execution of this Agreement or when one hundred (100) percent of reimbursement is received by FONTANA from AUTHORITY for existing project advancement agreements, whichever comes first.. Page 2 of 7 P1OO SECTION II RANCHO CUCAMONGA AGREES: 1. That only eligible PROJECT expenses, as set forth in Attachment A to this AGREEMENT, will be reimbursed by FONTANA. RANCHO CUCAMONGA agrees that it will only request reimbursement from FONTANA for eligible PROJECT activities as defined in Attachment A. 2. To provide AUTHORITY with a copy of this agreement within 30 days after its execution, for purposes of documentation and future reference. 3. To maintain and make available to FONTANA copies of all consultant/contractor invoices, source documents, books and records; and expenses as set forth in Attachment A and in connection with the Parties' performance under this AGREEMENT for a minimum of five (5) years from the date of the Final Report of Expenditures is submitted to AUTHORITY or until audit resolution is achieved, whichever is later. 4. To fully cooperate with AUTHORITY and FONTANA to allow for the preparation of a Project audit if requested by AUTHORITY and/or FONTANA. The audit must find that all funds expended on the PROJECT were used in conformance with the Advance Expenditure Agreement (Attachment B) between RANCHO CUCAMONGA and the AUTHORITY. SECTION III IT IS MUTUALLY AGREED: 1. To abide by all applicable federal, state and local laws and regulations pertaining to the PROJECT, including policies in the applicable program in the Measure I 2010-2040 Strategic Plan, as amended, as of the date of the last signature on this AGREEMENT. 2. FONTANA's financial responsibility for the PROJECT shall not exceed 33.4% of the Local Share set forth in Attachment A unless amended in writing and approved by the Parties' respective City Councils. According to current cost estimates, the reimbursement amount is estimated to be $6,028,000 as demonstrated in Attachment A; however actual costs, and FONTANA's share of those costs, upon completion of the project may be different. The final costs for all eligible PROJECT expenses set forth in Attachment A shall be used to set the final amount of reimbursement. 3. This agreement can be amended when agreed upon by both Parties. Page 3 of 7 P101 4. RANCHO CUCAMONGA will use its own funds to construct the PROJECT with the understanding that FONTANA will reimburse RANCHO CUCAMONGA for FONTANA share of eligible PROJECT expenditures at a later date in accordance with this Agreement. 5. Eligible PROJECT reimbursements shall include only those costs incurred by RANCHO CUCAMONGA for PROJECT activities that are described in this AGREEMENT and shall not include escalation or interest. 6. RANCHO CUCAMONGA shall defend, indemnify, and hold harmless FONTANA, its officers and employees, from and against any and all actions, claims, injuries, damages, liabilities, demands, losses, judgments, penalties, expenses and costs including attorney's fees for staff attorneys and outside counsel (collectively "Liabilities") arising out of or in any way connected with anything done or omitted to be done by RANCHO CUCAMONGA, its officers, employees, agents, contractors, consultants, subcontractors and subconsultants of any level, in connection with the PROJECT or under or in connection with any work, authority or jurisdiction delegated to RANCHO CUCAMONGA under this AGREEMENT. RANCHO CUCAMONGA's obligations under this Article apply to FONTANA's "passive" and "active" negligence, but do not apply to FONTANA's "sole negligence" or "willful misconduct" within the meaning of Civil Code Section 2782. 7. FONTANA shall defend, indemnify, and hold harmless RANCHO CUCAMONGA, its officers and employees, from and against any and all actions, claims, injuries, damages, liabilities, demands, losses, judgments, penalties, expenses and costs including attorney's fees for staff attorneys and outside counsel (collectively "Liabilities") arising out of or in any way connected with anything done or omitted to be done by FONTANA, its officers, employees, agents, contractors, consultants, subcontractors and subconsultants of any level, in connection with the PROJECT or under or in connection with any work, authority or jurisdiction delegated to FONTANA under this AGREEMENT. FONTANA's obligations under this Article apply to RANCHO CUCAMONGA's "passive" and "active" negligence, but do not apply to RANCHO CUCAMONGA's "sole negligence" or "willful misconduct" within the meaning of Civil Code Section 2782. 8. RANCHO CUCAMONGA is an authorized self-insured public entity for purposes of Professional Liability, General Liability, Automobile Liability and Workers' Compensation and warrants that through its programs of self- insurance, it has adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this AGREEMENT. 9. FONTANA is an authorized self-insured public entity for purposes of Professional Liability, General Liability, Automobile Liability and Workers' Compensation and warrants that through its program of self insurance, it has Page 4 of 7 P102 adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this AGREEMENT. 10. This AGREEMENT will be considered terminated upon reimbursement of all eligible costs by PROJECT expenses as deemed herein. 11. Notice given under or regarding this AGREEMENT shall be deemed given (a) upon actual delivery, if delivery is personally made; or (b) upon delivery into the United States Mail if delivery is by postage paid certified mail (return receipt requested), fax or private courier including overnight delivery services. Notice shall be sent to the respective Party at the address indicated below or to any other address as a Party may designate from time to time by a notice given in accordance with this paragraph. If to FONTANA: Ken Hunt, City Manager 8353 Sierra Avenue Fontana, CA 92335 (909) 350-7600 If to CITY: John Gillison, City Manager 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91729-0807 (909) 477-2700 12. The Recitals stated above are true and correct and are incorporated by this reference into the AGREEMENT. 13. Attachment A (Interstate 15 Base Line Road Interchange Improvement Project: Project Scope, Projected Cost and Schedule), and Attachment B (Advance Expenditure Agreement) are attached to and incorporated into this AGREEMENT. SIGNATURES ON FOLLOWING PAGE: Page 5 of 7 P103 IN WITNESS WHEREOF, the Parties have executed this AGREEMENT below. City of Fontana City of Rancho Cucamonga By: By: Acquanetta Warren L. Dennis Michael Mayor, City of Fontana Mayor, City of Rancho Cucamonga Date: Date: APPROVED AS TO FORM AND APPROVED AS TO FORM AND PROCEDURE: PROCEDURE: By: By: Jeff Ballinger James Markman City Attorney City Attorney Date: Date: ATTEST: ATTEST: By: By: Tonia Lewis Janice C. Reynolds City Clerk City Clerk Page 6 of 7 P104 Attachment A Interstate 15 Base Line Road Interchange Improvement Project: Project Scope,Projected Cost, and Schedule Proposed Project Work: 1-15 Base Line Road Interchange Improvement Project will include Base Line Road/Baseline Avenue and East Avenue widening, modification of the four diamond interchange ramps, and construction the southbound loop on- ramp, highway planting, plant establishment, and extended plant maintenance (PROJECT). Reimbursed work will cover expenses related to all phases of the aforementioned PROJECT subject to the Measure I Strategic Plan Policy 40002. Summary of Project Costs (Estimate) and Funding Phase Total Cost Federal Remaining Local Agency Share3 Authority Cost Incurred Earmarks Balance2 ($1,000) Share" ($1,000) after ($1,000) ($1,000) ($1,000) 4/5/2006' City of City of ($1,000) Rancho Fontana Cucamonga Preconstruction PA&ED 1,178 1,000 752 248 124 124 PS&E 4,630 4,630 419 4,211 2,106 2,106 Right of Way 7,200 954 954 477 477 Subtotal 13,008 6,584 1,171 5,413 2,707 2,707 Construction Design Const. Support 700 700 700 175 175 350 Const. Management 7,300 7,300 7,300 2,431 1,219 3,650 Const. Capital 34,150 34,150 7,602 26,548 8,840 4,434 13,274 SANBAG Management &Oversight 600 600 600 400 200 - Subtotal 42,750 42,750 7,602 35,148 11,846 6,028 17,274 Grand Total 55,758 j 49,334 8,773 40,561 14,553 6,028 19,981 Only costs incurred after 4/5/2006 are eligible for reimbursement;'Remaining balance is the dollar amount remaining after the Federal Earmarks are subtracted from the"Cost incurred after 4/5/2006";'Local Share is 50%of Remaining Balance; Rancho Cucamonga share is 66.6%of Local Agency Share, and Fontana share is 33.4%of Local Agency Share;'Authority Share is 50%of Remaining Balance. Proposed Project Schedule (milestone delivery dates): Estimated construction start date: December 2013 Estimated completion date: December 2015 Page 7 of 7 P105 STAFF REPORT k k RANCHO CUCAMONGA POLICE DEPARTMENT RANCHO DATE: November 20, 2013 CUCAMONGA Mayor and Members of the City Council TO: John Gillison, City Manager FROM: Anthony Onodera, Police Chief - Frank Montanez, Sergeant BY: Steve Wolff, Detective SUBJECT: AUTHORIZATION TO APPROPRIATE THE AMOUNT OF $24,312.54 INTO ACCOUNT NUMBER 1361701-5606 FROM FEDERAL BYRNE JAG GRANT FUNDS FOR THE PURCHASE OF COMMAND CENTER FURNITURE FOR THE VIDEO CONTROL AND MONITORING ROOM FOR THE POLICE DEPARTMENT'S PUBLIC SAFETY VIDEO NETWORK. RECOMMENDATION Staff recommends that the City Manager approve the appropriation of $24,312.54 from the Federal Byrne JAG Grant Funds into account 1361701-5606 1356701-5605 for the purchase of Command Center Furniture for the Police Department's Public Safety Video Network. BACKGROUND Earlier this year the Police Department deployed phase 1 of the Public Safety Video Network where cameras and radio equipment were installed at various locations around Victoria Gardens. With the installation process now complete live video feeds are streaming back to the main police building. A video control and command center has been designated within the police building but it requires furnishing in order to make it fully operational. We have selected a furniture design consisting of two workstation modules similar in appearance to a police dispatch work center. This design provides flexibility for multiple configurations and accommodates multiple display monitors which are required for this type of deployment. This purchase will provide a comfortable and adjustable work area for personnel assigned to this area. SOLE SOURCE VENDOR — RUSS BASSETT CORPORATION Command and control style furniture is a different discipline from traditional office furniture. It generally combines the comfort and ergonomic design concepts with specialized functions of specific technical equipment that will occupy the workspace. For over 50 years Russ Bassett has built a reputation for design and manufacture of high quality, innovative products backed with integrity and passionate customer service. The Russ Bassett Corporation is based in Whittier, California where their factory and design center builds all of their custom furniture to the customer's specifications. P106 AUTHORIZATION TO APPROPRIATE THE AMOUNT OF$24,312.54 INTO ACCOUNT PAGE 2 NUMBER 1361701-5606 FROM FEDERAL BYRNE JAG GRANT FUNDS FOR THE PURCHASE OF COMMAND CENTER FURNITURE FOR THE VIDEO CONTROL AND MONITORING ROOM FOR THE POLICE DEPARTMENT'S PUBLIC SAFETY VIDE NOVEMBER 20,2013 Russ Bassett has qualified as a CMAS Contract vendor and is currently listed under Contract Number 4-08-71-0077C beginning August 27, 2013 through July 31, 2018. This affords us a significant cost savings over other furniture vendors. SYSTEM COST AND RECURRING COSTS The total cost for two adjustable height command consoles is $24,312.54. This cost includes tax, delivery and custom installation. There are no recurring costs associated with the purchase. ADDITIONAL INFORMATION This purchase had been previously approved as a part of the initial phase 1 deployment of the Public Safety Video Network but due to timing issues and production schedules it could not be completed in the same fiscal year. We are ready to proceed forward on this project at this time. 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S 2|t!| \° ° - | & — ! ! & i« | |% 12 | | ■ 2 k e ,...Q6 §T,< 4o2 \<\ En A#7////,4 §1,2 / %/ .53( //7//// /A � \ ( »0 s u �� §iI }§2 244,4i#4,4 i,. §2§ $j� ® �:���� §2§ k j y �i� }}§ 2 a SK7 / ? )§ > ��} z . ) §)� | 9 . § $$ z\( i 1 P1I6L.2 2 §�E B!§!;E<- • / - }§ ,5� ~ ��� a = \ �/ q« ® %- �����i . a,�„ �' , �� ,Z 7 ' / $ 2 § \\ § § \ ƒ < z P117 ‘4:44STAFF REPORT h RANCHO CUCAMONGA POLICE DEPARTMENT I RANCHO DATE: November 20, 2013 CUCAMONGA TO: Mayor and Members of the City Council John Gillison, City Manager FROM: Anthony Onodera, Police Chief BY: Frank Montanez, Sergeant Steve Wolff, Detective SUBJECT: AUTHORIZATION TO APPROPRIATE FUNDING TO UPGRADE THE VIDEO FORENSICS COMPUTER FOR THE POLICE DEPARTMENT IN THE AMOUNT OF $26,590.12 FUNDED FROM FEDERAL BYRNE JAG GRANT FUNDS INTO ACCOUNT NUMBERS 1356701-5605 ($8,115.44) AND 1361701-5605 ($18,474.68). RECOMMENDATION Staff recommends that the City Council authorize the appropriation of $26,590.12 from the Federal Byrne JAG Grant Funds into account 1356701-5605 ($8,115.44) and account 1361701-5605 ($18,474.68) for the purchase of a Video Forensics Computer for the Police Department's Video Forensics Laboratory. BACKGROUND Beginning in late 2002, the Rancho Cucamonga Police Department began acquiring the equipment necessary to perform video forensic examinations on video evidence collected as part of a criminal investigation. Prior to this date we relied on the Sheriff's Department's High-Tech Division to perform these services. As video evidence became more abundant in the course of these investigations the Police Department experienced extended delays in the amount of time it took for the High-Tech Division to complete our work requests. In an effort to maintain the highest level of service for the citizens of Rancho Cucamonga, the Police Department began investing in the equipment and training required to provide this service in-house. Throughout the past decade we have continued to build on this foundation by adding new equipment and technology that has improved our ability to examine a wide variety of digital evidence seized on a daily basis. We have been fortunate over the years to take advantage of several state and federal programs that have enabled us to obtain specialized computer equipment at no cost to the City of Rancho Cucamonga. This recommended purchase will replace our oldest video forensics computer with a modern high-performance system that will continue to support this much needed service for the next five years. SOLE SOURCE VENDOR— SIGNALSCAPE INC. The science of processing video evidence is a very unique field. Video by its very nature is a fluid medium easily manipulated and changed. In order for the process to remain forensically sound, the system must be able to process that evidence and still maintain the video's evidence integrity. While there are many systems that process video very effectively, there are very few that are P118 AUTHORIZATION TO APPROPRIATE FUNDING TO UPGRADE TI-IE\VIDEO FORENSICS PAGE 2 COMPUTER FOR THE POLICE DEPARTMENT IN THE AMOUNT OF$26,590.12 FUNDED _ FROM FEDERAL BYRNE JAG GRANT FUNDS INTO ACCOUNTNUMBERS 1356701-5605 ($8,115.44)AND 13617015605 (S18,474.68). Nov[.au;i,:a 20,2013 capable of providing that same processing power while at the same time providing a very accurate tracking and accounting of the video evidence from the point of capture to the completion of the analysis. In 2008, we participated in a Technology Transfer Program offered by the federal government. This program provided all of the equipment and necessary training for specialized investigative disciplines. It was at that time that we were introduced to the Signalscape Corporation and in particular their StarWitness product line. This was the vendor that was selected by the federal government to supply the hardware and software for this program. We received the StarWitness Tech Agent System at no cost to the city and that system is still in service today. This vendor has continued to develop a variety of hardware and software solutions specifically designed for the processing of audio and video evidence in a forensically sound environment. Because of the specialized components and their design process they qualify as a Sole Source Vendor. In addition, the new equipment provided by Signalscape will interface with our existing Tech Agent System and supplement its overall performance which is crucial to the operation. System hardware and software details are attached. SYSTEM COST AND RECURRING COSTS Since we are an existing customer we are receiving a substantial discount on the purchase of this system. The typical price for the StarWitness Analyst is $30,000.00 and our price is reduced by approximately $5,000.00, for a cost of $25,000.00 plus sales tax. In addition, we will receive a free seat at their training facility in Cary, North Carolina. The only recurring costs associated with this purchase would be for the ongoing product support. The first year is covered and additional years are $1,500.00. These recurring costs would be covered annually out of the current budget. ADDITIONAL INFORMATION This purchase had been previously approved as a part of the initial phase 1 deployment of the Public Safety Video Network but due to timing issues and production schedules it could not be completed in the same fiscal year. We are ready to proceed forward on this project at this time. Attachments: Quotation-AAAQ1638 from Signalscape Sole Source Letter From Signalscape P119 %,445 CITY OF RANCHO CUCAMONGA yea. SINGLE/SOLE SOURCE JUSTIFICATION RANcHo FOR PURCHASES $5,000 AND ABOVE CucAr,toracA The below information is provided in support of my Department requesting approval for a single/sole source. Outside of a duly declared emergency, the time to develop a statement of work or specifications is not in itself justification for single or sole source. Vendor: SignalScape Inc. Date: _April 9, 2013 Commodity/Service: Star Witness Video Analyst System Estimated expenditure: _$25,000.00 Your Name: _Steve Wolff Extent of market search conducted: Internet Search for similar products Price Reasonableness: Price is within range of similar products doing similar things_ Does moving forward on this product/service further obligate the City to future similar contract actual arrangements? NO DEFINITIONS: SINGLE SOURCE — a transaction with a business entity that is chosen, without competition, from among two or more business entities capable of supplying or providing the goods or services that meet the specified need. SOLE SOURCE - A transaction with the only business entity capable of supplying or providing the goods or services that meet the specified need. Initial all entries below that apply to the proposed purchase (more than one entry will apply to most single/sole source products/services requested). If needed, attach a memorandum containing complete justification and support documentation as directed in initial entry. THIS IS A SINGLE SOURCE , THIS IS A SOLE SOURCE PURCHASE ✓ (check one). 1 . Xu SINGLE/SOLE SOURCE REQUEST IS FOR THE ORIGINAL MANUFACTURER, THERE ARE NO REGIONAL DISTRIBUTORS. (Item no. 3 also must also be completed) 2. THE PARTS/EQUIPMENT ARE NOT INTERCHANGEABLE WITH SIMILAR PARTS OF ANOTHER MANUFACTURER. (Explain in separate memorandum) P120 Single/Sole Source Justification Form Page 2 3. )( THIS IS THE ONLY KNOWN ITEM OR SERVICE THAT WILL MEET THE SPECIALIZED NEEDS OF THIS DEPARTMENT OR PERFORM THE INTENDED FUNCTION. (Attach memorandum with details of specialized function or application). 4. UNIQUE FEATURES OF THE SUPPLY/SERVICE BEING REQUESTED. THERE IS NO ALTERNATIVE SUPPLIER. (Attach memorandum with reasons why these unique features are and what benefit the City will accrue.) 5. THE PARTS/EQUIPMENT ARE REQUIRED FROM THIS SOURCE TO PERMIT STANDARDIZATION. (Attach memorandum describing basis for standardization request). 6. NONE OF THE ABOVE APPLY. A DETAILED EXPLANATION AND JUSTIFICATION FOR THIS SINGLE/SOLE SOURCE REQUEST IS CONTAINED IN A ATTACHED MEMORANDUM The undersigned requests—that—competitive procurement be waived and that the vendor identified as the supplier of the service or material described in this singleisole source justification be authorized as a single/sole source for the service or material. Department. Head: Department Police Purchasing Department APPROVED _ _I APPROVED WITH CONDITION/S DISAPPROVE Comments: $5,000 - $50,000 APPROVED BY PURCHASING MANAGER: Date: $50.000 — 100,000 APPROVED BY CITY MANAGER: Date: $100,000 AND OVER See comments above by Purchasing Division; attach to Council Request CITY COUNCIL ACTION Date: P121 200 Regency Forest Drive Suite 150 Signalscape�` Raleigh, NC 27518 Tel: 919-859-4565 Fax 919-859-1098 www.signalscape.com March 7, 2013 RE: Sole source documentation for StarWitness Analyst Dear Steve, Please let this letter serve as documentation that Signalscape, Inc. of 200 Regency Forest Drive, Suite 150, Cary,NC 27518 is the sole manufacturer of the StarWitness Analyst forensic video analysis solution. This solution includes proprietary Signalscape software: StarWitness Freezeframe, StarWitness Video Pro Software, StarWitness Filter Pro, StarWitness Soundbite and StarWitness Audio. The following are aspects of the StarWitness Analyst solution that makes it unique. Three main system aspects make the StarWitness system capable of maintaining video evidence integrity in a unique way: proprietary file format, proprietary software architecture for processing of video and proprietary video evidence tracking and logging. Video evidence is captured from video tape or imported as a digital video directly into the system in a proprietary file format. From the point of capture or import the video evidence is tracked and logged into a proprietary case log. All actions upon the video evidence after capture or import are logged into the case log as well. Each type of video evidence acquisition is integrated directly into the StarWitness system ensuring that any video capture, digital video file import or digital video file screen recording results in the creation of a proprietary file within the closed StarWitness system. Analog video capture of standard single-camera and multiplexed video tape is integrated into the system via hardware capable of uncompressed video. Analog video capture within the StarWitness system results in capture of the video evidence directly into the software of the closed system. There are no additional file transfers or imports. Digital video files of standard file format, such as AVI, are imported directly into the StarWitness software. The files are converted to the proprietary StarWitness file format, tracked and logged in StarWitness system. Integrated screen recording for proprietary digital video files from DVR video security devices results in a direct import of video into the closed system in the StarWitness proprietary file format. The import is tracked and logged. There are no additional file transfers or imports as there are with other forensic video analysis systems. P122 When a result is produced from video evidence there is an evidence report exported with the result video or image. Because the StarWitness system is a closed system video evidence is tracked and logged throughout the entire process of analysis. Tracking throughout the entire process provides a unique evidence report not offered by competing forensic video analysis systems. After original video evidence is imported into the StarWitness, processing is performed on the original proprietary file representing the original video evidence. The proprietary file is never altered during processing. All processing is performed real-time from the file. This proprietary process ensures that integrity of the original evidence represented in the system is maintained. Processing techniques or effects are never applied to the original nor are they accumulated as they are applied. This ensures that the file representation of the original evidence is never manipulated. It also ensures the integrity of the clear and accurate log of all processing applied to the video. The combination of proprietary file format, proprietary software architecture for processing of video and proprietary video evidence tracking and logging make the StarWitness system unique in its ability to maintain video evidence integrity. The architecture and proprietary file format within the StarWitness system maintain the integrity of the exact and native resolution, and thus aspect ratio, of the original video evidence. The integrity of the native resolution of the original video evidence is maintained throughout the process of importing the video. Results produced from the original video evidence maintain the native resolution and aspect ratio of the video evidence as well. Other forensic video systems commonly require up-sampling in order to work with video evidence of non-standard resolutions, thus, using a non-native resolution for analysis of the original video evidence. The ability to maintain whole video case integrity from system to system is a unique capability of the StarWitness system as well. Sincerely, Sara Baker National Sales Manager 7Uy - y" ip _ IUUO . • 1,C\ CITY OF RANCHO CUCAMONGA p� . 3Icvt REQUEST FOR QUOTE # R A r}q ii.0 D '� FOR tRANCHO „RANCHO DUE DATE: ON OR BEFORE , BY PM 'i ,.Qit'toti Costae . ._ Shi, :I:O B.'Cri-' 7. =!. Name: t?,.Ya_ Bi KQ.Y ATTN: Phone No.: 9 Iq - Co In -`-14 CD S Address: • Fax Quote To: Rancho Cucamonga, CA 91730 Email Quote To: Phone: INSTRUCTIONS: Completion of this quote form is a requirement. Failure to do so may disqualify your submittal. • Vendors must submit sipped quotes by the due date and time as specified above. • Vendors will he considered non-responsive if the above requirements are not submitted as requested. • The CITY reserves the right, unless otherwise stated, to accept or reject all or any quote, any part thereof, either separately or as a whole, to waive any informality in a quote and to split or make the award in any manner determined to be In the best interest of the CITY. • The City of Rancho Cucamonga recognizes that price is only one of several criteria to be used in judging a product or Service, and the City of Rancho Cucamonga is not legally bound to accept the lowest quote. • Please do not include Sales Tax during your calculations below. Sales Tax Is not factored in during the evaluation for award of a quote and is calculated at the appropriate time by the CITY. 'L.INE QTY UOM DESCRIPTION ITEM PART# UNIT PRICE EXTENDED LEAD TIME 1 1 bb r=LO heSs Ana1154- 2,'1, 389 24, 33 q ()-A 5 di s 2 3 4 5 6 ' SUBTOTAL (9 4 t 3 q , c, Q SHIPPING/FREIGHT(F.O.B. DESTINATION) (9,5-0 p Zj GRAND TOTAL aL4, La 3q . 6 C) Company Name: ` Ad sr �r q na�5Cd 2 Ir�nC (Street,Su.a City,State,ZIP) a O o Re �Ly Y2S-4- �Y- Tele One#: q1 - 351- 45 lo S bui.k`^' ISO Fax r♦: q ICI``I &59- 109 E Ca x 11\11- 2�'"� ZS E-mail address: Web Address: l^ Sava. baker'@ 59naISCait- CO YVYJYI) . ��r�11 ,fYI�S � . Cory Authorized Representative:(print) Title: kiaN crud dmo AL Signature ,/rte t L,A-_, Date: IA u ' t 0 .4. CITY OF RANCHO CUCAMONGA PURCHASING DIVISION P124 • • STANDARD TERMS AND CONDITIONS 1. Pre-Qualification —Vendors wishing to submit a Quote, Bid or Proposal response must be registered as a Vendor with the City of Rancho Cucamonga. Only those responses received from registered Vendors will be accepted. Responses must be submitted by the same Vendor that has downloaded the Request for Quote, Bid or Proposal from the Bid system. This information is indicated in the system and provides the ability to tabulate the responses in accordance to the named Vendors. Submitting a response under a Vendor name that does not appear to be on the Notified or Prospective Bidders list will be deemed as non-responsive and dis-qualified from the process. PLEASE NOTE: Failure to register for this solicitation may disqualify your submittal. • 2. All prices and notations must be typewritten or written in ink. No erasures permitted. Mistakes may be crossed out and corrections made adjacent, and must be initialed in ink by person signing the submittal. 3. Propose each item separately. Prices should be stated in units specified herein and without CA sales tax, unless otherwise advised. 4. Use the documents provided. If you decide to submit more than one submittal, photocopy our documents. Informal Quotes may be submitted electronically via the City's Bid System, or as instructed in the Request for Quote package. Formal Bids and Proposals must be submitted under separate cover from the Bid or Proposal response, in a SEALED envelope, clearly marked with the solicitation number and title on the outer most packaging, and must • be received by the City of Rancho Cucamonga Purchasing Department, 10500 Civic Center Drive, Rancho Cucamonga, CA 91730, not later than the hour and day specified in the Request for Bid or Request for Proposal package. 5. Time of delivery is part of the consideration and must be stated in definite terms; and must be adhered to. If time varies on different items, the Vendor shall so state for each item. 6. Payment Terms of less than thirty (30) days for cash discount will be considered as net. Cash discount period will be computed either from the date of delivery and acceptance of the goods ordered or the date of receipt of correct and proper invoices, prepared in accordance with the terms of our purchase order, whichever date is later. 7. The City of Rancho Cucamonga's standard freight terms are FOB: Destination. 8. A responsible officer or employee must sign with the Vendor's name on all submittals. Obligations assumed by such signature must be fulfilled. 9. No charge for transportation, packing, drayage, or for any other purpose will be allowed over and above the prices proposed on this sheet. 10. In case of default by the Vendor, the City of Rancho Cucamonga may procure the articles or service from other sources and may deduct from unpaid balance due to the Vendor, or may bill for excess costs so paid, and the prices paid by the City of Rancho Cucamonga shall be considered the prevailing market prices paid at the time such purchase is made. 11. Cost of transportation, handling, and/or inspection on deliveries, or Vendors for delivery, which do not meet specifications, will be for the account of the Vendor. 12. The Vendor shall hold the City of Rancho Cucamonga, its officers, agents, servants and employees, harmless from liability of any nature or kind on account of use of any copyright, or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used under this solicitation. 13. The Vendor will not be held liable for failure or delay in fulfillment if hindered or prevented by fire, strikes, or Acts of God. Vendor shall be excused from performance hereunder during the time and to the extent that he/she is prevented from obtaining, delivery on, or performing in the customary manner, by acts of God, fire, war, strike, loss or shortage of transportation facilities, lockout or commandeering of raw materials, product plants or facilities by the government. Vendor shall provide the City satisfactory evidence that nonperformance is due to other than fault of negligence on Vendors part. 14. Any evidence of agreement or collusion among Vendors and prospective Vendors acting to illegally restrain freedom of competition by agreement to propose a fixed price, or otherwise, will render the submittal of such Vendors void. 15. Advance disclosures of any information to any particular Vendor which gives that particular Vendor any advantage over any other interested Vendor, in advance of the opening submittals, whether in response to City of Rancho Cucamonga Pg. 2 of 7 Request for Quote(RFQ) Last Edit 5/12/2011 • CITY OF RANCHO CUCAMONGA PURCHASING DIVISION P125 • STANDARD TERMS AND CONDITIONS advertising or an informal request, made or permitted by a member of the City Council or an employee or representative thereof, will operate to void all submittals of that particular solicitation or request. 16. It is agreed that the successful Vendor will not assign, transfer, convey or otherwise dispose of the Agreement or its right, title or interest in or to the same, or any part thereof, without previous written consent of the Purchasing Manager. 17. Vendors may be considered non-responsive and disqualified resulting in the rejection of submittal for any of, but not limited to, the following causes: — Failure to use the forms furnished by the City. — Failure to be registered as a Vendor. — Failure to submit response under registered Vendor name. — Lack of signature by an authorized representative on the submittal form. — Failure to properly complete the submittal. — Evidence of collusion among Vendors. — Unauthorized alteration of submittal form. — Not received by specified due date. 18. Submittals are subject to acceptance at any time within ninety (90) days after opening, unless otherwise stipulated. 19. Verify your submittal before submission, as they cannot be withdrawn or corrected after being opened. In the event of a calculation error, the unit price shall prevail. 20. The City of Rancho Cucamonga pays California Sales Tax regardless of Vendor's place of doing business and is exempt from Federal Excise Tax. Unless otherwise specified, DO NOT include sales tax in your response. 21. Accounts paying for transportation of property to the City of Rancho Cucamonga are exempt from Federal Transportation Tax. An Exemption Certificate is not required where the shipping papers show the consignee as City of Rancho Cucamonga; as such papers may be accepted by the carrier as proof of the exempt character of the shipment. 22. The articles covered by the response must conform to safety orders of, but not limited to, OSHA, CALOSHA, NFPA and/or NIOSH. 23. Conflict of Interest: Your signature herein certifies that no City employee, whose position in City service enables them to influence any award of your offer or any competing offer, shall have any direct or indirect financial interest in any transaction resulting from this solicitation. 24. Vendors making delivery or providing services on City premises shall carry Liability Insurance and Worker's Compensation coverage in accordance with the City's Standard Practice. 25. Municipal Ordinances may require the issuance of a City of Rancho Cucamonga Business License as a condition precedent to being engaged as a contract Vendor by the City of Rancho Cucamonga. 26. The City hereby agrees to make payment to Vendor's cost for all government mandated equipment requirements enacted after the award, which affect the Vendor's ability to supply the specified equipment. 27. A written Purchase Order mailed, or otherwise furnished to the successful Vendor within the time for acceptance specified, shall result in a binding Agreement without further action on either part. This Agreement shall be interpreted, construed and given effect in all respects according to the laws of the State of California. 28. QUANTITY ADJUSTMENT: When applicable, it is mutually accepted that the quantities defined in this document reflect the approximate City requirements and may be either decreased or increased and honored at stated prices as proposed. 29. WARRANTIES: Vendor will fully warrant all materials and equipment for a period of not less than one (1) year from date of final acceptance by the City unless otherwise noted. All warranties, standard and extended, shall be shown on any units offered, and all costs related to the servicing of said warranties shall be clearly stated on submittal form. 30. LAWS GOVERNING AGREEMENT: The Agreement shall be in accordance with the laws of the State of California, and the County of San Bernardino is the only appropriate forum for any litigation. In the event a suit or City of Rancho Cucamonga Pg. 3 of 7 Request for Quote(RFQ) Last Edit 5/12/2011 CITY OF RANCHO CUCAMONGA PURCHASING DIVISION P126 • STANDARD TERMS AND CONDITIONS • action is instituted arising out of any Agreement, the prevailing party shall be entitled to receive, in addition to its cost, such sum as the Court may adjudge reasonable as to attorney's fees and costs. 31. AWARD: The City of Rancho Cucamonga recognizes that price is only one of several criteria to be used in judging a product or service, and the City of Rancho Cucamonga is not legally bound to accept the lowest response. Agreements shall be awarded to the Vendor whose offer is determined to be the most advantageous to the City from the standpoint of suitability to purpose, quality, service, previous experience, price, ability to deliver, or for any other reason deemed by the Purchasing Manager to be in the best interest of the City and, as such, will not be determined by price alone and may not be the lowest response especially where services are of utmost importance. When there is more than one (1) item, the City reserves the right to award separately or as a whole. Vendors must state "all or none" on submittal form. If optional items or trade-ins are requested, the City may accept or decline such items. 32. CANCELLATION: The City reserves the right to cancel the Agreement, or any part of due to failure by the Vendor to carry out any material obligation, term or condition of the Agreement. The City shall issue written notice to the Vendor for acting or failing to act. 33. OWNERSHIP OF WORK PRODUCT and Transfer of All Intellectual Property Rights Upon creation, all work product, including but not limited to, original writings, documents, work of visual art, work of authorship, images, photographs, audio and video recordings, fine art, designs, concepts, ideas, and any and all other work products produced pursuant to this Agreement, including all intellectual property rights arising therefrom, whether they are sub-components of a larger product, or are themselves the finished product (collectively, "Work Product"), shall each be considered a "Work Made for Hire", as that term is used in Title 17, U.S.C. §101, and upon City's payment to Vendor for the same, each will forever become property of the City. For purposes of this provision, Work Product includes, but is not limited to, graphic designs, treatments, and layouts; logo artwork; photographs; copy/text used in advertisements, newsletters, etc.; audio and video recordings; Internet web pages and e-mail communication products; signage; and any other creative work done in part, or in whole, for the City pursuant to this Agreement, including any and all copies, drafts, models, depictions, drawings, duplicates and preliminary versions of any of the Vendor's Work Product. Upon payment by City for any delivered Work Product, such delivery shall be deemed to constitute a transfer to the City of all intellectual property rights of any nature whatsoever, and rights of reproduction as that term is defined in California Civil Code § 982, in the Work Product, including but not limited to the right to claim statutory copyright in Vendor's Work Product and the right to reproduce Vendor's Work Product in any manner whatsoever, for commercial and non-commercial purposes. To the extent all rights and interest in all Work Product are not otherwise effectively transferred by this provision, then upon payment by City for any delivered Work Product, all of the same rights and interests will be deemed assigned in their entirety to the City, and the Vendor shall thereafter retain absolutely no right or interest of any nature in any of the Work Product. If Vendor's Work Product consists in whole or in part of"fine art", as defined in California Civil Code § 982, then upon payment by City for such delivered Work Product, the Vendor shall be deemed to have waived, released and disclaimed any and all of Vendor's rights, demands or claims with respect to the City, as may arise at any time and under any circumstances, under the Federal Visual Artists Rights Act (17 U.S.C. §§ 106A and 113(d)), California Civil Code § 986, the California Art Preservation Act (California Civil Code § 987, et seq.), and/or any other local, state, federal or international laws that convey rights of the same nature as those conveyed under any of the foregoing statutes, or that convey any other type of moral. right protecting the integrity of works of art and/or intellectual property rights arising from their creation. The Vendor acknowledges and agrees that City, in its sole and exclusive discretion, may, among other acts, temporarily or permanently modify, alter, change or destroy any of Vendor's Work Product. Prior to any proposed destruction of Vendor's Work Product consisting of fine art, a reasonable attempt shall be made to provide the Vendor with an opportunity to reclaim possession of Vendor's fine art. City of Rancho Cucamonga Pg. 4 of 7 Request for Quote (RFQ) Last Edit 5/12/2011 • • CITY OF RANCHO CUCAMONGA PURCHASING DIVISION P127 • STANDARD TERMS AND CONDITIONS 34. Insurance Qualifications (Minimum): The Vendor may be required to provide proof of insurance coverage. Company submitting qualifications must be able to provide a copy or copies of Company's Certificates of Insurance or a letter from the insurance carrier(s) evidencing the fact that the Company is able to be insured pertaining to services rendered for the following minimums, as required by the City of Rancho Cucamonga: Vendor shall neither commence work until it has obtained all insurance required hereunder in a company or companies acceptable to City, nor shall Vendor allow any sub-contractor to commence work on a sub-contract until all insurance required of the sub-contractor has been obtained. Vendor shall take out and maintain, at all times during the term of the project, the following policies of insurance: (I) Worker's Compensation Insurance: Before beginning work, Vendor shall furnish to City a Certificate of Insurance as proof that it has taken out full Worker's Compensation insurance for all persons whom it may employ directly or through sub-contractors in carrying out the work specified herein, in accordance with the laws of the State of California. In accordance with the provisions of California Labor Code Section 3700, every employer shall secure the payment of compensation to his/her employees. Vendor shall, prior to commencing work, sign and file with City a certification as follows: "I am aware of the provisions of California Labor Code Section 3700 which requires every employer to be insured against liability for Workers' Compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of this Agreement." (2) Public Liability and Property Damage: Throughout the term of this Agreement, at Vendor's sole cost and expense, Vendor shall keep, or cause to be kept, in full force and effect, for the mutual benefit of the City and Vendor, Comprehensive, Broad Form, General Public Liability and Automobile insurance against claims and liabilities for personal injury, death, or property damage arising from Vendor's activities, providing protection of at least One Million Dollars ($1,000,000.00) for bodily injury or death to any one person or for any one accident or occurrence and at least One Million Dollars ($1,000,000.00) for property damage. If such insurance includes an aggregate limit, such aggregate shall be no less than Two Million Dollars ($2,000,000). All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California and policies required under paragraphs 7(a) and (b) shall name as additional insured's City, its elected officials, officers, employees and designated agents. All policies shall contain language, to the extent obtainable, to the effect that: (I) the insurer waives the right of subrogation against City and City's elected officials, officers, employees, and agents; (2) the policies are primary and noncontributing with any insurance that may be carried by City; and (3) they may not be canceled except after thirty (30) days notice by insurer to City by first class mail. Vendor shall furnish City with copies of all such policies promptly upon receipt of them, or certificate evidencing insurance. Vendor may elect for its own account insurance not required under this Agreement. * Proof of current insurance certificate(s) will be required prior to issuing a purchase order. 35. Conflict of Interest: Your signature herein certifies that no City employee, whose position on the City service enables them to influence any award of your offer or any competing offer, shall have any direct or indirect financial interest in any transaction resulting from this solicitation. 36. Vendors making delivery or providing service on City premises shall carry liability insurance and Worker's Compensation coverage in accordance with the City's Standard Practice. 37. Indemnity: a. To the fullest extent permitted by law, Vendor shall indemnify, defend and hold free and harmless City, its elected officials, officers, employees, agents and volunteers from and against all tort liability, including liability for claims, suits, actions, expenses or costs of any kind, whether actual, alleged or threatened, actual attorney's fees City of Rancho Cucamonga Pg. 5 of 7 Request for Quote(RFQ) Last Edit 5/12/2011 CITY OF RANCHO CUCAMONGA PURCHASING DIVISION P128 • STANDARD TERMS AND CONDITIONS incurred by City, court costs, interest and defense costs including expert witness fees, where the same arise out of, or are connected with, in whole or in part, the acts or omissions of Vendor or any of Vendor's officers, agents, employees or contractors in the performance of this Agreement, and which result in bodily injury, death or property damage, or financial loss to any individual or entity, including the employees or officials of Vendor. Vendor warrants that it possesses all rights to provide all of the Work Product required to be provided pursuant to this Agreement. To the fullest extent permitted by law, Vendor shall indemnify, defend and hold free and harmless City, its elected officials, officers, employees, agents and volunteers from and against all liabilities, claims, suits, actions, and expenses or costs of any kind, whether actual, alleged or threatened, actual attorney's fees incurred by City, court costs, interest and defense costs including expert witness fees, where the same arise out of, or are connected with, in whole or in part, a claim that all or any part of any Work Product provided to the City pursuant to this Agreement infringes upon any proprietary or commercial interest, or intellectual property right, including copyright, of any third party. b. Vendor's obligations under this or any other provision of this Agreement will not be limited by the provisions of any Worker's Compensation act or similar act. Vendor expressly waives its statutory immunity under such statutes or laws as to the City, its officers, agents, employees and volunteers. c. City does not, and shall not, waive any rights that it may possess against Vendor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. Vendor agrees that Vendor's covenant under this section shall survive the termination of this Agreement. d. Vendor agrees to pay all required taxes on amounts paid to Vendor under this Agreement. Notwithstanding the foregoing, Vendor agrees that City may withhold any percentage of the Agreement amount payable hereunder as required by any taxing agency having jurisdiction over the City, and pay the same to such taxing agency as it may require. Vendor agrees that it shall indemnify and hold City harmless from any and all taxes, assessments, penalties, liabilities, and interest asserted against City by reason of Vendor's failure to pay any taxes, or as a result of City's reliance on inaccurate, incorrect, false or misleading information provided to City by Vendor relating to any tax laws, regulations or requirements applicable to taxes owed by Vendor in connection with this Agreement. e. Vendor further agrees that it shall indemnify and hold City harmless with respect to any and all claims, penalties and liabilities arising directly or indirectly from the independent Vendor relationship created by this Agreement. Vendor shall fully comply with the Workers' Compensation laws regarding Vendor and Vendor's employees. Vendor further agrees to indemnify and hold City harmless from any failure of Vendor to comply with applicable Worker's Compensation laws. City shall have the right to offset against the amount of any fees due to Vendor under this Agreement any amount due to City from Vendor as a result of Vendor's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 38. Environmental Sustainability: Vendor will make every reasonable effort to use environmentally preferable products, methods, equipment, packaging and transportation in relation to this transaction. Further, Vendor shall ensure disposal of any removed materials is conducted in an environmentally responsible manner. Products purchased under this Agreement must meet, but not limited to, the following standards: "Energy Star" (www.enerrystar.gov), "EPEAT" (www.epeat.net), and provide proof of meeting the "EcoLogo and/or Green Seal" standard and certification requirements (www.egologo.org and/or www.greenseal.org). 39. Method of Payment: Vendor shall submit to City an invoice, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within ten (10) business days of receipt of each invoice, City shall notify Vendor in writing of any disputed amounts included on the invoice. Within thirty (30) calendar days of receipt of each invoice, City shall pay all undisputed amounts included on the invoice. Unless otherwise required by any taxing authority having jurisdiction over the City (see Section 9 D.), City shall not withhold applicable taxes or other authorized deductions from payments made to Vendor. At any time during regular working hours, all records, City of Rancho Cucamonga Pg. 6 of 7 Request for Quote (RFQ) Last Edit 5/12/2011 • P129 CITY OF RANCHO CUCAMONGA PURCHASING DIVISION STANDARD TERMS AND CONDITIONS invoices, and other materials accounting for the services shall be available for review and audit by City. Notwithstanding any other provision of this Agreement to the contrary, City shall be entitled to retain not less than twenty-five percent (25%) of any amount due monthly to Vendor, pending Vendor's completion of any unfinished work and/or delivery of any outstanding receivables to City, in Ml compliance with this Agreement. >The undersigned Vendor declares that the above terms and conditions have been carefully read and examined, Vendor agrees that if this quote is accepted vendor will furnish all material in accordance with the specifications and instructions in the time and manner therein described for the unit cost as submitted in this Request for Quote. THE VENDOR IN SUBMITTING THIS QUOTE MUST FILL IN THE FOLLOWING INFORMATION. FAILURE TO DO SO MAY VOID YOUR QUOTE. Authorized Representative: (print) Company Name: • .fit-ll21 6Sxar.-E J° 1_1tr 15ed �L Signature: uk 13� Title: Nafi'f;y't,I 3ciJes f"Atcl E-mail address: 30.Y"0 bakek esijnedsc c.anDate: Ay), i ) cis cnoi3 City of Rancho Cucamonga 7 Request for Quote(RFQ) R_4. 7 of• Last Edit 5/12/2011 • P130 • Signalscape, Inc. QUOTE Signalscape 200 Regency Forest Drive Quote # AAAQ1638 Suite 150 Date 06/27/13 Cary, NC 27518 Com.an ID 56-2191086 Quote To: Ship To: Phone 919-610-4465 Rancho Cucamonga PD 919-678-6547 9 Rancho Cucamonga PD Stephen Wolff Stephen Wolff Direct Fax 919-859-1098 10510 Civic Center Dr. 10510 Civic Center Dr. Main Fax 919.859.1098 Sales Re. Sara.Baker Phone: (909)477-2857 Phone: (909)477-2857 Eat (909)477-2899 Fax:_ (909)477-2899 Part# i Descri•tion Unit Price Ext. Price 1 StarWitness Analyst $24,389.00 $24,389.00 Forensic Video Desktop System • End-to-end turnkey forensic video and audio processing system Case: SilverStone TJ09 Black Chassis Motherboard: Intel DZ77BH-55K 1155 ATX RAM: 8GB DDR3 1333MHz Memory(4GBx2) Operating System:Windows 7 Professional 64-bit DSP System hard drive: 500GB 6G SATAII hard drive Video storage hard drive array: RAID 0(for speed)array of 2 500GB hard drives Backup storage hard drive: 1TB 3G SATAII hard drive Optical drive 1: 24x SATA DVD-RW Optical drive 2: 24x SATA DVD-RW USB Keyboard USB Optical Mouse Audio capture: Balanced and unbalanced Video capture: Composite, s-video and component Video output: 1 DVI, 1 VGA and 1 HDMI Audio output: Integrated High-Definition Audio Speakers: Studio-quality stereo monitors Headphones: Full-ear Display: 30"flat panel display Software Sony Vegas Pro StarWitness FreezeFrame StarWitness SOUNDBITE StarWitness Video Pro StarWitness Filter Pro StarWitness Editor LE StarWitness Audio StarWitness DVR Pro Price valid 30 days after quote. Approved By: Sara Baker-National Sales Manager 919.610-4465(c)sara.baker©signalscape.com(email) Page 1 P131 a...I Part# F Descri.tion Unit Price Ext. Price 1 MAN Maintenance(1 yr)for Analyst $0.00 $0.00 Includes software updates and phone/email technical support. 1st year is free. Additional years are$1500. 1 TRAN Training class for Analyst $0.00 $0.00 Three day in Cary, NC SubTotal $24,389.00 Sales Tax $0.00 Shipping $250.00 Total $24,639.00 Price valid 30 days after quote. Approved By: Sara Baker-National Sales Manager 919-610-4465(c)sara.baker @signalscape.com (email) Page 2 P132 STAFF REPORT '` ENGINEERING SERVICES DEPARTMENT Lau Date: November 20, 2013 RANCHO CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Carlo Cambare, Engineering Technician Subject: ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BOND, ACCEPT A MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR DRC2011-00255 LOCATED 13195 WHITTRAM AVENUE, SUBMITTED BY ALL STATE PAPER AND METAL RECYCLING CO., INC RECOMMENDATION The required improvements for DRC2011-00255 have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond and accept a Maintenance Bond. BACKGROUND/ANALYSIS As a condition of approval of completion of DRC2011-00255, located 13195 Whittram Avenue, the applicant was required to install related public improvements. All public improvements required of this development have been completed to the standards of the City. The public improvements will be re-inspected in approximately nine months prior to release of the maintenance bond. Developer: 8889 Etiwanda Avenue Rancho Cucamonga, CA 91739 Release: Faithful Performance Bond #41242751 $67,400.00 (Bond No.) Accept: Maintenance Bond #41242769 $6,740.00 (Bond No.) Respectfully submitted, Director of Engineering Services/City Engineer MAS:CC/alrw Attachment(s) 417/ P133 4 It i r- 7 C'" i i T r-- J !, i n 'W —R- - _ ,—M -- i 1 -,�.'Jhittrarfl_ am- -'A Whitl r — I i,---.-, 1 3d i r4tcns :, — •- �. . _ 33ft k 7.-ii /a. 1 i 1 r Oft W t---- ,i _ — --—Nap2ISt— 1 , 3 t i i j . ', I 13195 Whittram Ave N DRC2011-00255 W `E RANCHO CUCAMONGA P134 RESOLUTION NO. 13-200 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2011-00255 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for DRC2011-00255 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work is complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. Resolution No. 13-200 — Page 1 6Se9* P135 STAFF REPORT ENGINEERING SERVICES DEPARTMENT Date: November 20, 2013 RANCHO CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Carlo Cambare, Engineering Technician Subject: ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BOND, ACCEPT A MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR TRACT 18096 LOCATED AT THE SOUTHWEST CORNER OF EAST AVENUE AND VIA VENETO DRIVE, SUBMITTED BY RANCHO VICTORIA MEADOWS, LLC RECOMMENDATION The required improvements for Tract 18096 have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond and accept a Maintenance Bond. BACKGROUND/ANALYSIS As a condition of approval of completion of Tract 18096, located at the southwest corner of East Avenue and Via Veneto Drive, the applicant was required to install related public improvements. All public improvements required of this development have been completed to the standards of the City. The public improvements will be re-inspected in approximately nine months prior to release of the maintenance bond. Developer: 510 West Citrus Edge Street Glendora, CA 91740 Release: Faithful Performance Bond # 0578262 $417,700.00 (Bond No.) Accept: Maintenance Bond # 05728262W $41,770.00 (Bond No.) Respectfully submitted, ark euer Director of Engineering Services/City Engineer MAS:CC/alrw Attachment(s) TR 18096 P136 1 simi. 1 i in Niel'am a - '` ' r• I !14111*1'" ► .._...._ k- ter NI,11°•r A j Ott it�.r t�; .......,,, 111111 gli,� Eiemlrrntary 1. `r a C�.r..I firsiag { �. I 110013101 110013102' plIuP % >•.a j F, z _my.1. ,n I, C) Mill Miles �.. t i 111 1 ' ,. 0 1.. 'art: � r t y' ��c,� r< i atimil ,. , ,:.' „„„"R. A ii _I° gm zoo, . , li ,,._.....miiiiiiiiitc*, iiiigill um ..:,‘-,-1-, , _ ay .....„-- pi ,c) i t t:;', i f + •,'g. 4.,,,,r v t, rs sum .� 1100'18x134 II _ ... pi ■r *� ": :r` 110019104 ! «" os 22740301 MW. 41- " - ' ` . .,.. -, 5 rff 0 iii Ip to fil po®7 to 110020105 / • P'Str► NI N e~7 ry a O ! '.t .11 I'..1;" S CN N eY� - ttil 0p20�07 ___ �'�J 1 . T T N 3 p O i ® ® -- '-'Jt Own'I.`i 66 0o nIIZBtxd 56 ••Foott 1 Ty . 1 a.,_.....,..11 ill 22931115 g !!!!!!! t7 N 1111111M 111111 iii ty co Ifni -I 3x,3 22904110 L.) 1i • I�s:n!t Pt V'� Iwo+. 1 • - •a.i A�.I 34.n T4 My.-11111111. 'AIIIIIIMMI.4.' it - r', =n A. �� 22904109 . , N � I 3K N I V._ ,.._ Ivy Ave 1 22904111 May 22, 2013 1:7,837 0 0.05 0.1 0.2 mi ® Parcels I i, ' , ' , I r ' . I , t 0 0.1 0.2 0.4 km Parks --- City Limits Sources:Esn, DeLonne,NAVTEQ. TomTorn, Interrrep, ncrement P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGty Kadaster NI, Ordnance Survey,Esri Japan,METI,Esri China(Hong Kong),swisstopo,and the GIS User Community P137 RESOLUTION NO. 13-201 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 18096 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Tract 18096 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work is complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. Resolution No. 13-201 — Page 1 P137-1 STAFF REPORT 'Lit SERVICES GROUP La j RANCHO Date: November 20, 2013 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Lori Sassoon, Deputy City Manager/Administrative Services By: Manuel Pilonieta, Information Services Manager V=Y Michael Scott, Information Services Analyst 41A . Ken Hinojos, Senior Buyer, CPPB Subject: APPROVAL TO PURCHASE DELL EQUALLOGIC STORAGE AREA NETWORK HARDWARE AND MAINTENANCE THROUGH DELL DIRECT IN THE AMOUNT OF $142,798 RECOMMENDATION It is recommended that the City Council approve a single source contract with Dell Direct to purchase . Dell Equallogic storage area network hardware and maintenance in the amount of $142,798 funded from account 1714001-5605 (Computer Equipment/Technology Replacement Fund, Capital Outlay- Computer Equipment). BACKGROUND In support of the City's computer services, the Information Services Division maintains network-based storage services (Storage Area Networks) and has standardized on Dell Equallogic equipment. As part of an annual lifecycle replacement strategy and in order to meet the ongoing requirements of staff and projects, storage area network equipment and maintenance need to be purchased. Information Services is currently budgeted to replace two Storage Area Networks which have reached the end of their service life, and to expand the capacity of two others in order to accommodate business requirements. Recent research has found that the expansion of the two existing units is no longer supported by the vendor, so Dell is offering a deep discount to instead replace those units as an accommodation. Staff recommend a single-source purchase from the manufacturer and maintenance provider, Dell Direct, as this discount is not available through Dell's network of authorized value-added resellers. ./ik,_La Lori Sassoon Deputy City Manager/Administrative Services P 138 ce94STAFF REPORT RANCHO CUCAMONGA FIRE PROTECTION DISTRICT RANCHO Date: November 20, 2013 CUCAMONGA To: Board President L. Dennis Michael and Members of the Board of Directors John R. Gillison, District CEO From: Mike Bell, Fire Chief By: Rob Ball, Fire Marshal Subject: 2013 Fire Code Adoption Ordinance— Second Reading RECOMMENDATION It is recommended that the Fire Board approve a second reading and then adopt Ordinance Number 54, which will adopt the 2013 California Fire Code together with local amendments and District standards, all of which will constitute the Fire Code of the Rancho Cucamonga Fire Protection District. The effective date of said Ordinance and referenced Fire Standards is Wednesday, January 1, 2014. BACKGROUND / ANALYSIS This ordinance continues the District's commitment to reducing risks, promoting a high quality of life, preserving economic vitality, and protecting the environment in Rancho Cucamonga. As with the past two code adoption ordinances, the local amendments are minimal and are limited to those necessary to address the challenges inherent in Rancho Cucamonga's climate, geology, or topography as well as the fire and life safety values of the community. The District is keenly aware that one of the primary ways of being a partner in this community's economic sustainability and development is to simply implement at the local the level the fire, health, and environmental protection provisions approved by the State Building Standards Commission and the State Fire Marshal. Every three years, the State Fire Marshal adopts a new California Fire Code based on the model code provisions of the International Fire Code. When this code is adopted and made effective July 1st in the triennial cycle, city and county fire departments and fire districts have six months to make amendments and adopt the code at the local level. Upon adoption of this ordinance its provisions become effective January, 1, 2014. The second reading and public hearing for this Fire Code adopting ordinance provide an opportunity for a brief overview of some of the local changes that the Fire District has made to the California Fire Code. All of the changes have as their primary motivation and justification the safety and quality of life of the residents and the sustainability and economic viability of the businesses in Rancho Cucamonga. The following provisions of the ordinance are noteworthy: • A section was added to ensure that in the unincorporated area we can work as cooperatively with CalFire in prevention and risk reduction as we work with them in fire suppression. Our adopting ordinance needs to include the provisions of the California Code P139 2013 FIRE CODE ADOPTION ORDINANCE-SECOND READING PAGE 2 NOVEMBER 20,2013 of Regulations applicable State Responsibility Areas so that CalFire can petition the Board of Forestry to acknowledge the Fire District as having fire prevention oversight of development in the unincorporated area. • The California Fire Code regulates delayed egress systems and equipment but does not specifically provide for a plan review process for the installation of this equipment. We thought that it would be best to ensure through a plan review that the design is correct before any work is done. This will save the costs associated with potentially having to make changes if the system is found to be designed or installed incorrectly. • Similar to the delayed egress requirements of the California Fire Code, the Code also regulates the installation and operation of refrigeration equipment and large back-up battery systems but does not specifically require a plan review process. Our cooperative agreement with Fire Construction Services provides us with an opportunity to assist businesses with a successful installation by providing a plan review process. • We restored the authority of the Fire Chief to close publicly accessible areas during times of high risk to life or safety. This authority existed in previous versions of the State's model fire code but did not carry over when the State changed its choice of model codes. • There is some ambiguity in the California Fire Code regarding open burning and recreational fires. We have made changes to clarify those safety provisions while maintaining the ability of residents to safely have an outdoor fire in their yards. • The State's Fire Code does not have any specific provisions addressing the use of sky lanterns or similar airborne luminary devices. Due to the winds and chaparral that are prevalent in this community, we thought that it was prudent to provide very clear safety provisions regarding sky lanterns. • The storage of idle pallets is not addressed in the California Fire Code. Idle pallets are those that are awaiting use and typically stacked indoors or outdoors. There have been some very large and destructive fires involving idle pallets. With our large number of warehouse operations, it seemed to make sense to have a section that explains the safe storage of pallets. We used the recommendations from the National Fire Protection Association as the basis for this addition to the Fire Code. • The California Fire Code requires the Fire District to issue a permit for waste handling and recycling operations but provides very little information as to what a safe operation is. We pulled together some best practices for these types of facilities and created a section just for these types of operations. These are all things that a safe operation would want to do anyway; we have just made them part of the Fire Code. This seemed like the logical thing to do since we have had some significant fires at recycling and waste handling facilities. Such fires have the potential to put a considerable amount of bad stuff into the air via the smoke that they produce. • For many years, Rancho Cucamonga had a provision in the adopting ordinance that gave us the option to require additional building identification to ensure that addresses are readily visible to the responders. This option has now been included in the State's Fire Code. • We have taken advantage of a change to the National Fire Alarm Standard that allows alarm monitoring companies the opportunity to try to verify the validity of an alarm and the existence of an emergency before requesting a response by the local fire agency. P140 2013 FIRE CODE ADOPTION ORDINANCE-SECOND READING PAGE 3 NOVEMBER 20,2013 • In the previous code adoption ordinance we included a requirement to provide pallet stops in rack storage facilities to ensure that the space intended to give direct flow of fire sprinkler water from the roof to the floor is not obstructed by the pallets of products placed on the racks. That provision has now been incorporated into the State's Fire Code. Over the past three years we have found that many warehouses and rack storage operations would rather adjust the spacing of their racks than install the pallet stop devices. Since the modified spacing also ensures a clear path for the fire sprinkler water, we have approved that alternative. In this code adoption ordinance we have made the rack spacing alternative a standing option for warehouses that utilize racks. SUMMARY The proposed 2013 fire code adopting ordinance is little changed from the two previous adopting ordinances. The District believes that the proposed adopting ordinance strikes a good balance between responsible local government and limiting regulations on businesses and residents to the extent possible while still achieving our mandated responsibility to enforce the State's Fire Code. As such, the District is recommending the approval of the second reading of Ordinance 54 and its adoption as the District's Fire Code. Respectfully submitted, Mike Bell Fire Chief P141 ORDINANCE NO. FD 54 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT ADOPTING BY REFERENCE THE 2013 CALIFORNIA FIRE CODE, WITH ERRATA, TOGETHER WITH CERTAIN CHANGES, MODIFICATIONS, AMENDMENTS, ADDITIONS, DELETIONS, AND EXCEPTIONS; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES; AND REPEALING CONFLICTING ORDINANCES. The Board of Directors of the Rancho Cucamonga Fire Protection District hereby ordains as follows: SECTION 1. Repeal of Conflicting Ordinances Ordinance No. FD 50 of the Rancho Cucamonga Fire Protection District and any provisions of any District ordinance that are in conflict with the Fire Code hereby adopted are hereby repealed provided, however, that such repeal shall not affect or excuse any violation of either Ordinance or any such conflicting provisions, occurring prior to the effective date hereof. SECTION 2. Fire Code Adopted The Rancho Cucamonga Fire Protection District(hereinafter District) hereby adopts by reference as the District's Fire Code, the 2013 California Fire Code as published by the California Building Standards Commission, with errata, including Appendix Chapter 4; Appendices A, B, BB, C, CC, H, and I; Chapter 56 of the 2012 International Fire Code; and Referenced Standards, with the changes, modifications, amendments, additions, deletions, and exceptions prescribed in Section 4 of this ordinance, and the same are hereby adopted for safeguarding of life, property, and the community from injury; fire; explosion; hazardous materials, substances, devices, conditions, processes, activities, operations, practices, and functions; environmental damage; and economic harm, and providing for the issuance of permits and the collection of fees. Each and all of the regulations, provisions, penalties, conditions, and terms of said Fire Code, a copy of which is on file in the office of the Secretary of the Board of Directors of the District, are hereby referred to, adopted, and made a part hereof as if fully set out in this ordinance. 2.1 Definitions 2.1.1 The terms "Board of Directors" and "Directors" shall mean the governing body of the District. 2.1.2 The terms "department", "Department", "district", "District", "fire department", "fire district", "Fire District", `jurisdiction", and "Jurisdiction" where used in the Fire Code and this ordinance to identify the local fire authority shall mean the Rancho Cucamonga Fire Protection District. 2.1.3 The term "fire code official" shall mean the fire chief or his/her designee charged with the implementation, administration, and enforcement of the Fire Code. 2.1.4 The term "governing body" shall mean the Board of Directors of the District. Ordinance No. FD 54 Page I of 57 P142 2.1.5 The term "jurisdiction" shall mean all of the territory, land, buildings, structures, and premises within the legal boundary of the District. 2.2 Fees 2.2.1 Reasonable fees, not to exceed fully burdened actual costs, may be collected by the fire code official for fire protection planning, fire prevention services, inspections, and permit issuance as allowed by the Fire Code, this ordinance, and as prescribed by any and all District fee resolutions. 2.3 Distinguishing Between Model Code Language; California Amendments; and Local Additions, Amendments, Deletions, and Other Changes 2.3.1 International Fire Code and California Code of Regulations Title 14 model code language appears in regular type. 2.3.2 California amendments to the model code language appear in italics. 2.3.3 Local additions, amendments, noteworthy deletions, and other material changes are identified by the use of underlining. 2.3.4 Code sections that have not been amended or changed in any manner are occasionally included in this ordinance to keep the additions, amendments, deletions, and other changes in context. SECTION 3. Fire Code Adoption Matrix 3.1 The following Fire Code Adoption Matrix is provided as a single reference showing which chapters and appendices of the 2013 California Fire Code and 2012 International Fire Code are adopted by this ordinance and which chapters and appendices have been amended by this ordinance. Ordinance No. FD 54 Page 2 of 57 Fire Code Adoption Matrix—Divisions and Chapters • , 3 Division/ Adopt California Adopt California Adopt IFC Chapter/ Title Code without Code with Local Model Code Not Adopted Amendments Amendments with Local Reference Only Appendix Amendments Division I California Administration X• Division II Administration X Ch.2 Definitions X Ch.3 General Precautions Against Fire X Ch.4 Emergency Planning and Preparedness X Ch.5 Fire Service Features X Ch.6 Building Services and Systems X Ch.7 Fire-Resistance-Rated Construction X Ch.8 Interior Finish,Decorative Materials and Furnishings X Ch.9 Fire Protection Systems X Ch.10 Means of Egress X Ch.11 Construction Requirements for Existing Buildings X Ch.12-19 RESERVED Ch.20 Aviation Facilities X Ch.21 Dry Cleaning X Ch.22 Combustible Dust-Producing Operations X Ch.23 Motor Fuel-Dispensing Facilities and Repair Garages X Ch.24 Flammable Finishes X Ch.25 Fruit and Crop Ripening X Ch.26 Fumigation and Insecticidal Fogging X Ch.27 Semiconductor Fabrication Facilities _ X Ch.28 Lumber Yards and Woodworking Facilities X Ch.29 Manufacture of Organic Coatings X Ch.30 Industrial Ovens X Ch.31 Tents and Other Membrane Structures X Ch.32 High-Piles Combustible Storage X Ch.33 Fire Safety During Construction and Demolition X Ch.34 Tire Rebuilding and Tire Storage X _ Ch.35 Welding and Other Hot Work X Ch.36 Marinas X Ch.37-47 RESERVED Ch.48 Motion Picture and Television Production Studio Sound Stages X Ch.49 Requirements for Wildland-Urban Interface Fire Areas X Ch.50 Hazardous Materials-General Provisions X Ch.51 Aerosols X Ch.52 Combustible Fibers X Ch.53 Compressed Gases - X Ch.54 Corrosive Materials X Ch.55 Cryogenic Fluids X Ch.56 Explosives and Fireworks X Ch.57 Flammable and Combustible Liquids X Ch.58 Flammable Gases and Flammable Cryogenic Fluids X Ch.59 Flammable Solids X Ch.60 Highly Toxic and Toxic Materials X Ch.61 Liquefied Petroleum Gases X Ch.62 Organic Peroxides X Ch.63 Oxidizers.Oxidizing Gases.and Oxidizing Cryogenic Fluids X Ch.64 Pyrophoric Materials X Ch.65 Pyroxylin(Cellulose Nitrate)Plastics X Ch.66 Unstable(Reactive)Materials X Ch.67 Water-Reactive Solids and Liquids X Ch.68-79 RESERVED Ch.80 Referenced Standards X Ordinance No. FD 54 Page 3 of57 P144 Ordinance No. ED 54 Page 4 of 57 P145 Fire Code Adoption Matrix—Appendices Adopt California Adopt California Adopt WC Appendix Title Code without Code with Local Model Code Noe Adopted- Amendments Amendments with Stule/Local Reference Only Amendments App.Ch.4 Special Detailed Requirements Rased on Use and Occupancy X App.A Board of Appeals X App.B and BB Fire-Flow Requirements for Buildings X App.C and CC Fire Hydrant Locations and Distributions X App.D,E,F,C Various X App.H Hazardous Materials Management Plan X App.I Fire Protection Systems-Noncompliant Conditions X App.J,K Various X SECTION 4. Local Amendments to the Fire Code. Except as modified by a change, modification, amendment, addition, deletion, or exception in this section, and as reflected in the Fire Code Adoption Matrix in Section 3, above, all sections, subsections, tables, chapters and appendices are adopted as published in the 2013 California Fire Code and Chapter 56 of the 2012 International Fire Code, and made part of the Fire Code. Only those sections, subsections, tables, chapters and appendices so modified are set forth below in this section. DIVISION II ADMINISTRATION PART 1 —GENERAL PROVISIONS SECTION 101 GENERAL 101.1 Title. These regulations shall be known as the Fire Code of the Rancho Cucamonga Fire Protection District (RCFPD or District), herein referred to as "this code." SECTION 102 APPLICABILITY 102.1 Construction and design provisions. The construction and design provisions of this code shall apply to: 1. Structures, facilities, and conditions arising after the adoption of this code. 2. Existing structures, facilities, and conditions not legally in existence at the time of adoption of this code. 3. Existing structures, facilities, and conditions when required in Chapter 11. 4. Existing structures, facilities, and conditions which, in the opinion of the fire code official, constitute a distinct hazard to life or property. 102.7 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 80 and RCFPD standards approved by the fire code official. Such codes and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.7.1 through 102.7.3. Ordinance No. FD 54 Page 5 of 57 P146 102.7.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. 102.7.2 Provisions in referenced codes and standards.Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced code or standard. 102.7.3 Intent of the Code. Where the intent of the code is unclear due to differences that may occur between the provisions of this code and the referenced standards, the fire code official shall determine which requirement meets the intent of this code. 102.10 Conflicting Provisions.Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in a specific case, different sections of this code specify different materials, methods of construction, or other requirements, the most restrictive shall govern. Provisions of the California Code of Regulations that are included in this code specifically or by reference shall prevail except where this code or a referenced code or standard contains a more restrictive requirement. 102.13 State Responsibility Area. State Responsibility Area (SRA) within the District shall be subject to the provisions of California Code of Regulations Title 14, Division 1.5, Chapter 7, Subchapter 2 known as the "SRA Fire Safe Regulations" except when provisions of this code are more restrictive than the corresponding provisions of Title 14. Exception: When in the opinion of the fire code official the provisions of the SRA Fire Safe Regulations are better suited to the conditions, circumstances, or practical difficulties existing or inherent in the SRA, the requirements of the SRA Fire Safe Regulations that are less restrictive than this code may be approved in whole or in part for a specific application or proiect. The approval of a less restrictive provision of the SRA Fire Safe Regulations over a more restrictive provision of this code in one case shall not be construed to be an approval in any other case. 102.13.1 Amendments. The SRA Fire Safe Regulations are amended as follows: 1270.04. Provisions for Application of these Regulations This subchapter shall be applied as follows: (a) Local jurisdictions shall provide the Director and the District with notice of applications for grading permits, building permits, tentative parcel maps, tentative maps, and use permits for construction or development within SRA. (b) The District shall review and make fire protection recommendations on applicable construction or development permits or maps provided by the local jurisdiction. (c) The local jurisdiction shall ensure that the applicable sections of this subchapter and/or this code become a condition of approval of any applicable construction or development permit or map. 1270.09 Appeals. Where an exception is not granted by the inspection authority, the applicant may appeal such denial in accordance with Section 108 of this code. Ordinance No.FD 54 Page 6 of 57 P147 PART 2—ADMINISTRATIVE PROVISIONS SECTION 103 DEPARTMENT OF FIRE PREVENTION Deleted SECTION 104 GENERAL AUTHORITY AND RESPONSIBILITIES 104.1 General. The fire code official is hereby authorized to implement, administer, and enforce the provisions of this code and shall have the authority to render interpretations of this code, and to adopt policies, procedures, rules, and regulations in order to clarify the application of its provisions. Such interpretations, policies, procedures, rules, and regulations shall be in compliance with the intent and purpose of this code and shall not have the effect of waiving requirements specifically provided for in this code. 104.1.1 Appointment. The fire code official shall be appointed by the fire chief and shall hold his/herposition in accordance with the Rancho Cucamonga Fire Protection District Rules and Regulations. 104.1.2 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the fire code official shall have the authority to appoint a deputy fire code official, other related technical officers, inspectors, and other employees. 104.1.3 Other enforcement officers. The following persons are hereby authorized,during the course of their official duties, to enforce the provisions of this code and to make arrests and issue citations as authorized by law: 1. The San Bernardino County Sheriff and any Deputy Sheriff 2. Officers of the United States Forest Service 3. The State Forest Ranger and Peace Officers of the California Department of Forestry and Fire Protection (CalFire) 4. Officers of the California Highway Patrol 5. Law enforcement and authorized members of fire agencies operating under automatic or mutual aid agreements within the boundaries of the Rancho Cucamonga Fire Protection District 6. Employees of the City of Rancho Cucamonga's Fire Construction Services and Code Enforcement divisions who have been expressly designated by their appointing authority as having the power of arrest or the authority to issue administrative citations. 104.1.4 Liability. The fire code official, officer or employee charged with the enforcement of this code, while acting in that capacity for the jurisdiction, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required or permitted in the discharge of official duties. 104.1.5 Legal defense. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The fire code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any Ordinance No.FD 54 Page 7 of 57 P148 officer of the District, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith. 104.8 Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code, the fire code official shall have the authority to grant modifications for individual cases, provided the fire code official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen the health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the files of the District. 104.12 Cost recovery. Costs incurred by the District for fire suppression, investigation, rescue, emergency medical care, responses to a traffic collision or accident, and containment/mitigation of a hazardous materials release are recoverable in accordance with Health and Safety Code Sections 13009 and 13009.1. Any person who negligently or intentionally, or in violation of law, causes an emergency response is liable for the costs of securing such emergency, including those costs set out in Government Code Section 53150 et seq. Any expense incurred by the District in responding to and securing such an emergency situation shall constitute a debt of such person and shall be collectible by the District in the same manner as in the case of an obligation under contract, expressed or implied. Fire inspection costs are recoverable in accordance with the District's Fee Resolution. SECTION 105 PERMITS 105.3.1 Expiration. An operational permit shall remain in effect until reissued, renewed, or revoked or for such a period of time as specified in the permit. Construction permits and fees shall be in accordance with the policies, procedures, and ordinances of the Building and Safety Department having jurisdiction which shall be either the City of Rancho Cucamonga or the County of San Bernardino. Permits are not transferable and any change in occupancy, operation, tenancy, or ownership shall require that a new permit be issued. 105.5.1 Non-payment of permit fee. The fire code official is authorized to revoke a permit issued under the provisions of this code when the permittee fails to pay permit fees in accordance with the terms of the Permit Application or when a check or credit/debit card submitted for payment of the permit fee(s) is returned or declined. 105.6 Required operational permits. The fire code official is authorized to issue operational permits for the operations set forth in Sections 105.6.1 through 105.6.66. 105.6.1 Access control. An operational permit is required to maintain a motorized gate across a fire apparatus access road. 105.6.2 Aerosol products. An operational permit is required to manufacture, store or handle an aggregate quantity of Level 2 or Level 3 aerosol products in excess of 500 pounds net weight. 105.6.3 Ambulatory Health-Care Facility. An operational permit is required to operate an ambulatory health-care facility. Ordinance No. FD 54 Page 8 of 57 P149 105.6.4 Amusement buildings. An operational permit is required to operate a special amusement building. 105.6.5 Aviation facilities. An operational permit is required to use a Group H or Group S occupancy for aircraft servicing or repair and aircraft fuel-servicing vehicles. Additional permits required by other sections of this code include, but are not limited to, hot work, hazardous materials and flammable or combustible finishes. 105.6.6 Battery charging operation. An operational permit is required for a battery charging operation where the total quantity of electrolyte in all batteries is more than 50 gallons. 105.6.7 Carnivals, fairs, and outdoor public assemblages. An operational permit is required to conduct a carnival, fair, or outdoor public assemblage event regulated by Section 403. 105.6.8 Cellulose nitrate film. An operational permit is required to store, handle or use cellulose nitrate film in a Group A occupancy. 105.6.9 Combustible dust-producing operations. An operational permit is required to operate a grain elevator, flour starch mill, feed mill, or a plant pulverizing aluminum, coal, cocoa, magnesium, spices or sugar, or other operations producing combustible dusts as defined in Chapter 2. 105.6.10 Combustible fibers. An operational permit is required for the storage and handling of combustible fibers in quantities greater than 100 cubic feet. Exception: A permit is not required for agricultural storage. 105.6.11 Commercial cooking operation. An operational permit is required for a commercial cooking operation regulated by Section 609. 105.6.12 Compressed gases. An operational permit is required for the storage, use or handling at normal temperature and pressure (NTP) of compressed gases in excess of the amounts listed in Table 105.6.8. Exception: Vehicles equipped for and using compressed gas as a fuel for propelling the vehicle. 105.6.13 Covered and open mall buildings. An operational permit is required for: 1. The placement of retail fixtures and displays, concession equipment, displays of highly combustible goods and similar items in the mall. 2. The display of liquid- or gas-fired equipment in the mall. 3. The use of open-flame or flame-producing equipment in the mall. 105.6.14 Cryogenic fluids. An operational permit is required to produce, store, transport on site, use, handle or dispense cryogenic fluids in excess of the amounts listed in Table 105.6.10. Exception: Permits are not required for vehicles equipped for and using cryogenic fluids as a fuel for propelling the vehicle or for refrigerating the lading. 105.6.15 Cutting and welding. An operational permit is required to conduct cutting or welding operations within the jurisdiction. 105.6.16 Delayed egress. An operational permit is required for a delayed egress system. Ordinance No. FD 54 Page 9 of 57 P150 105.6.17 Dipping operations. An operational permit is required to conduct dipping operations regulated by Chapter 24. 105.6.18 Dry cleaning plants. An operational permit is required to engage in the business of dry cleaning or to change to a more hazardous cleaning solvent used in existing dry cleaning equipment. 105.6.19 Exhibits and trade shows. An operational permit is required to operate indoor or outdoor exhibits and trade shows and indoor displays regulated by Section 314. 105.6.20 Explosives. An operational permit is required for the manufacture, storage, handling, sale, or use of any quantity of explosives or explosive materials within the scope of Chapter 56 as amended. Exception: Storage in Group R-3 occupancies of smokeless propellant, black powder, and small arms primers for personal use, not for resale, and in accordance with Section 5606. 105.6.21 Fire alarm services. An operational permit is required to provide fire alarm services including testing,maintenance, repair, installation, and supervising station or contracting for supervising station services. 105.6.22 Fire hydrants and valves. An operational permit is required to use or operate fire hydrants or valves intended for fire suppression purposes which are installed on water systems and accessible to a fire apparatus access road that is open to or generally used by the public. Exception: A permit is not required for authorized employees of the water company that supplies the system or the fire department to use or operate fire hydrants or valves. 105.6.23 Fireworks. An operational permit is required for the manufacture, storage, handling, sale, display, or use of fireworks in accordance with Chapter 56 as amended, including Safe and Sane fireworks. 105.6.24 Flammable and combustible liquids. An operational permit is required: 1. To use or operate a pipeline for the transportation within facilities of flammable or combustible liquids. This requirement shall not apply to the off-site transportation in pipelines regulated by the Department of Transportation (DOTn) nor does it apply to piping systems. 2. To store, handle or use Class I liquids in excess of 5 gallons in a building or in excess of 10 gallons outside of a building, except that a permit is not required for the following: 2.1 The storage or use of Class I liquids in the fuel tank of a motor vehicle, aircraft, motorboat, mobile power plant or mobile heating plant, unless such storage, in the opinion of the code official, would cause an unsafe condition. 2.2 The storage or use of paints, oils, varnishes, or similar flammable mixtures when such liquids are stored for maintenance, painting, or similar purposes for a period of not more than 30 days and in an amount not to exceed 25 gallons aggregate per site or facility. 3. To store, handle, or use Class II or Class IIIA liquids in excess of 25 gallons in a building or in excess of 60 gallons outside a building, except for fuel oil used in connection with oil- burning equipment. Ordinance No. FD 54 Page 10 of 57 P151 4. To store, handle, or use Class IIIB liquids in tanks or portable tanks for fueling motor vehicles at motor fuel-dispensing facilities or where connected to fuel-burning equipment. Exception: Fuel oil and used motor oil used for space heating or water heating. 5. To remove Class I or Class II liquids from an underground storage tank used for fueling motor vehicles by any means other than the approved, stationary on-site pumps normally used for dispensing purposes. 6. To operate tank vehicles, equipment, tanks, plants, terminals, wells, fuel-dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used. 7. To place temporarily out of service (for more than 90 days) an underground, protected above-ground, or above-ground flammable or combustible liquid tank. 8. To change the type of contents stored in a flammable or combustible liquid tank to a material which poses a greater hazard than that for which the tank was designed and constructed. 9. To manufacture, process, blend, or refine flammable or combustible liquids. 10. To engage in the dispensing of liquid fuels into the fuel tanks of motor vehicles at commercial, industrial, governmental or manufacturing establishments. 11. To utilize a site for the dispensing of liquid fuels from tank vehicles into the fuel tanks of motor vehicles, marine craft, and other special equipment at commercial, industrial, governmental or manufacturing establishments. 12. To remove an underground, protected above-ground, or above-ground flammable or combustible liquid tank. 13. To store, handle, or use flammable or combustible liquids is excess of the maximum allowable quantity. 105.6.25 Floor finishing. An operational permit is required for floor finishing or surfacing operations exceeding 350 square feet using Class I or Class II liquids. 105.6.26 Fruit and crop ripening. An operational permit is required to operate a fruit- or crop- . ripening facility or conduct a fruit-ripening process using ethylene gas. 105.6.27 Fumigation and insecticidal fogging. An operational permit is required to operate a business of fumigation or insecticidal fogging, and to maintain a room, vault, or chamber in which a toxic or flammable fumigant is used. 105.6.28 Hazardous materials. An operational permit is required to store, transport on site, dispense, use or handle hazardous materials in excess of the amounts listed in Table 105.6.20 and RCFPD Standard 49-1. 105.6.29 HPM facilities. An operational permit is required to store, handle or use hazardous production materials. 105.6.30 High-piled storage. An operational permit is required to use a building or portion thereof as a high-piled storage area exceeding 500 square feet. 105.6.31 Hot work fixed site. An operational permit is required for a fixed-site hot work area such as welding booths and similar areas as described in Chapter 35. Ordinance No. FD 54 Page t t of 57 P152 105.6.32 Hot work operations. An operational permit is required for hot work including, but not limited to: 1. Public exhibitions and demonstrations where hot work is conducted. 2. Use of portable hot work equipment inside a structure. Exception: Work that is conducted under a construction permit. 3. Hot work conducted within a hazardous fire area or a wildfire risk area. 4. Application of roof coverings with the use of an open-flame device. 105.6.33 Hot work program. An operational permit is required to carry out a Hot Work Program. This program allows approved personnel to regulate their facility's hot work operations. The approved personnel shall be trained in the fire safety aspects denoted in this chapter and shall be responsible for issuing permits requiring compliance with the requirements found in Chapter 35. These permits shall be issued only to their employees or hot work operations under their supervision. 105.6.34 Industrial ovens. An operational permit is required for operation of industrial ovens regulated by Chapter 30. 105.6.35 Large family daycare. An operational permit is required to operate a large family daycare. 105.6.36 Liquid- or gas-fueled vehicles or equipment in assembly buildings. An operational permit is required to display, operate or demonstrate liquid- or gas-fueled vehicles or equipment in assembly buildings. 105.6.37 LP-gas. An operational permit is required for: 1. Storage and use of LP-gas. Exceptions: 1. A permit is not required for individual containers with a 500-gallon water capacity or less or multiple container systems having an aggregate quantity not exceeding 500 gallons serving occupancies in Group R-3. 2. A permit is not required for individual containers with a water capacity of 2.5 pounds [nominal I pound LP-gas capacity] or less used with portable appliances or equipment. 2. Operation of cargo tankers that transport LP-gas. 105.6.38 Lumber yards and woodworking plants. An operational permit is required for the storage or processing of lumber exceeding 100,000 board feet (8,333 ft3). 105.6.39 Magnesium. An operational permit is required to melt, cast, heat treat or grind more than 10 pounds of magnesium. 105.6.40 Miscellaneous combustible storage. An operational permit is required to store in any building or upon any premises in excess of 2,500 cubic feet gross volume of combustible empty packing cases, boxes, barrels or similar containers, rubber tires, rubber, cork or similar combustible material. 105.6.41 Motor fuel-dispensing facility. An operational permit is required to operate an automotive, marine, or fleet motor fuel-dispensing facility. Ordinance No. FD 54 Page 12 of 57 P153 105.6.42 Open burning. An operational permit is required for the kindling or maintaining of an open fire, bonfire, or a fire on any public street, alley, road, or other public or private ground. Instructions and stipulations of the permit shall be adhered to. Exception Deleted 105.6.43 Open flames and candles. An operational permit is required to use open flames or candles in connection with assembly areas, dining areas of restaurants, or drinking establishments. 105.6.44 Open flames and devices. An operational permit is required to remove paint with a torch or to use a torch, open-flame device, machine, or process in a wildfire risk area where such device, machine, or process is likely, in the opinion of the fire code official, to start or cause a fire. 105.6.45 Open flames in Group E occupancies. An operational permit is required to use open flames, fire, or conduct burning in a Group E occupancy. 105.6.46 Organic coatings. An operational permit is required for any organic-coating manufacturing operation producing more than 1 gallon of an organic coating in one day. 105.6.47 Pallet storage. An operational permit is required for the storage of pallets in excess of 200 cubic feet. 105.6.48 Places of assembly. An operational permit is required to operate a place of assembly or public assemblage. 105.6.49 Powder coating. An operational permit is required to conduct powder coating operations and processes regulated by Chapter 24. 105.6.50 Private fire hydrants. An operational permit is required for the removal from service, use, or operation of private fire hydrants. Exception: A permit is not required for private industry with trained maintenance personnel, private fire brigade or fire departments to maintain, test, and use private hydrants. 105.6.51 Pyrotechnic special effects material. An operational permit is required for the manufacture, assembly, handling, storage, sale, or use of pyrotechnic special effects material in accordance with Chapter 56 as amended. 105.6.52 Pyroxylin plastics. An operational permit is required for storage or handling of more than 25 pounds of cellulose nitrate (pyroxylin) plastics and for the assembly or manufacture of articles involving pyroxylin plastics. 105.6.53 Recreational fire. An operational permit is required for the kindling or maintaining of a recreational fire. 105.6.54 Refrigeration equipment. An operational permit is required to operate a mechanical refrigeration unit or system regulated by Section 606. 105.6.55 Reinforced plastics/resin application. An operational permit is required to handle and apply reinforced plastics and operate a resin application process or area regulated by Chapter 24. Ordinance No.FD 54 Page 13 of 57 P154 105.6.56 Repair garage. An operational permit is required for the operation of a repair garage. 105.6.57 Rooftop heliports. An operational permit is required for the operation of a rooftop heliport. 105.6.58 Seasonal sales lot. An operational permit is required to operate an outdoor display and sales area of seasonal items such as pumpkins and Christmas trees. 105.6.59 Spraying operations. An operational permit is required to conduct a spraying operation utilizing flammable or combustible liquids regulated by Chapter 24. 105.6.60 Stationary storage battery system. An operational permit is required for a stationary storage battery system regulated by Section 608. 105.6.61 Storage of scrap tires and tire byproducts. An operational permit is required to establish, conduct or maintain storage of scrap tires and tire byproducts that exceeds 2,500 cubic feet of total volume of scrap tires and for indoor storage of tires and tire byproducts. 105.6.62 Temporary membrane structures and tents. An operational permit is required to operate an air-supported temporary membrane structure or a tent having an area in excess of 400 square feet. Exceptions: 1. Tents used exclusively for recreational camping purposes. 2. Tents open on all sides, which comply with all of the following: 2.1 Individual tents having a maximum size of 700 square feet. 2.2 The aggregate area of multiple tents placed side by side without a fire break clearance of not less than 12 feet shall not exceed 700 square feet total. 2.3 A minimum clearance of 12 feet to structures and other tents shall be provided. 105.6.63 Tire-rebuilding plants. An operational permit is required for the operation and maintenance of a tire-rebuilding plant. 105.6.64 Waste handling and recycling. An operational permit is required for the operation of wrecking yards,junk yards, commercial recycling, and waste material-handling facilities. 105.6.65 Wood products. An operational permit is required to store chips, hogged material, lumber or plywood in excess of 200 cubic feet. 105.6.66 Additional permits. In addition to the permits required by Section 105.6, the following permits shall be obtained from the Prevention Bureau prior to engaging in the following activities, operations, practices, or functions: 1. Production facilities. To change use or occupancy, or allow the attendance of a live audience, or for wrap parties. 2. Pyrotechnics and special effects. To use pyrotechnic special effects, open flame, use of flammable or combustible liquids and gases, welding, and the parking of motor vehicles in any building or location used for the purpose of motion picture, television, and commercial production 3. Live audiences. To install seating arrangements for live audiences in approved production facilities, production studios, and sound stages. See Chapter 48. Ordinance No. FD 54 Page 14 of 57 P155 105.7 Required construction permits. The fire code official is authorized to issue construction permits for work as set forth in Sections 105.7.1 through 105.7.21. 105.7.1 Automatic fire-extinguishing systems. A construction permit is required for installation of or modification to an automatic fire-extinguishing system. Maintenance performed in accordance with this code is not considered a modification and does not require a permit. 105.7.2 Battery systems. A permit is required to install stationary storage battery systems having a liquid capacity of more than 50 gallons. 105.7.3 Compressed gases. When the compressed gases in use or storage exceed the amounts listed in Table 105.6.8, a construction permit is required to install, repair damage to, abandon, remove, place temporarily out of service, close, or substantially modify a compressed gas system. Exceptions: I. Routine maintenance. 2. For emergency repair work performed on an emergency basis, application for permit shall be made within two working days of commencement of work. 105.7.4 Cryogenic fluids. A construction permit is required for installation of or alteration to outdoor stationary cryogenic fluid storage systems where the system capacity exceeds the amounts listed in Table 105.6.10. Maintenance performed in accordance with this code is not considered an alteration and does not require a construction permit. 105.7.5 Delayed egress device or system. A construction permit is required for installation or modification of a delayed egress device or delayed egress system. 105.7.6 Emergency responder radio coverage system. A construction permit is required for installation of or modification to emergency responder radio coverage systems and related equipment. Maintenance performed in accordance with this code is not considered a modification and does not require a permit. 105.7.7 Fire alarm and detection systems and related equipment. A construction permit is required for installation of or modification to fire alarm and detection systems and related equipment. Maintenance performed in accordance with this code is not considered a modification and does not require a permit. 105.7.8 Fire pumps and related equipment. A construction permit is required for installation of or modification to fire pumps and related fuel tanks,jockey pumps, controllers, and generators. Maintenance performed in accordance with this code is not considered a modification and does not require a permit. 105.7.9 Flammable and combustible liquids. A construction permit is required: 1. To repair or modify a pipeline for the transportation of flammable or combustible liquids. 2. To install, construct or alter tank vehicles, equipment, tanks, plants, terminals, wells, fuel- dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used. 3. To install, alter, remove, abandon or otherwise dispose of a flammable or combustible liquid tank. Ordinance No.FD 54 Page 15 of 57 P156 105.7.10 Fuel-fired appliance. A construction permit is required to install a fuel-fired appliance regulated by Section 603. 105.7.11 Hazardous materials. A construction permit is required to install, repair damage to, abandon, remove, place temporarily out of service, close, or substantially modify a storage facility or other area regulated by Chapter 50 when the hazardous materials in use or storage exceed the amounts listed in Table 105.6.20. Exceptions: 1. Routine maintenance. 2. For emergency repair work performed on an emergency basis, application for permit shall be made within two working days of commencement of work. 105.7.12 Industrial ovens. A construction permit is required for installation of industrial ovens covered by Chapter 30. Exceptions: 1. Routine maintenance. 2. For repair work performed on an emergency basis, application for permit shall be made within two working days of commencement of work. 105.7.13 LP-gas. A construction permit is required for installation of or modification to an LP-gas system or LP-gas cylinder exchange storage container. 105.7.14 Mechanical refrigeration. A construction permit is required for the installation or modification of mechanical refrigeration equipment or a mechanical refrigeration system regulated by Section 606. 105.7.15 Permanently constructed fire pit or fire ring. A construction permit is required for the installation or construction of a permanently located fire pit or fire ring. 105.7.16 Private fire hydrants. A construction,permit is required for the installation or modification of private fire hydrants. 105.7.17 Solar photovoltaic power systems. A construction permit is required to install or modify solar photovoltaic power systems. 105.7.18 Spraying or dipping. A construction permit is required to install or modify a spray room, dip tank or booth. 105.7.19 Standpipe systems. A construction permit is required for the installation, modification, or removal from service of a standpipe system. Maintenance performed in accordance with this code is not considered a modification and does not require a permit. 105.7.20 Stationary storage battery systems. A permit is required to install a stationary storage battery system regulated by Section 608. Ordinance No. FD 54 Page 16 of 57 P157 105.7.21 Temporary membrane structures and tents. A construction permit is required to erect an air-supported temporary membrane structure or a tent having an area in excess of 400 square feet. Exceptions: 1. Tents used exclusively for recreational camping purposes. 2. Funeral tents and curtains or extensions attached thereto, when used for funeral services. 3. Fabric canopies and awnings open on all sides which comply with all of the following: 3.1. Individual canopies shall have a maximum size of 700 square feet. 3.2. The aggregate area of multiple canopies placed side by side without a fire break clearance of not less than 12 feet shall not exceed 700 square feet total. 3.3. A minimum clearance of 12 feet to structures and other tents shall be maintained. SECTION 106 INSPECTIONS 106.5 Fees. Inspection fees, if any, shall be in accordance with a District Fee Resolution. SECTION 108 BOARD OF APPEALS 108.1 Board of appeals established. In order to hear and decide appeals of orders, decisions, or determinations made by the fire code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be in accordance with Appendix A as amended. SECTION 109 VIOLATIONS 109.3.3 Prosecution of violations. If the notice of violation is not complied with promptly, the fire code official is authorized to request the legal counsel of the jurisdiction to institute the appropriate legal proceedings at law or in equity to restrain, correct, or abate such violation or to require removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant hereto. In addition to, or in place of, any other remedy which is allowed by law, administrative penalties may be imposed in connection with any violation of this code or District ordinance. 109.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair, or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000 or by imprisonment not exceeding six months, or both such fine and imprisonment. The fire code official, with the concurrence of the chief and the district attorney, is authorized to use administrative citations and fines as allowed by an ordinance of the Board of Directors in place of the violation penalties contained in this section. Each day that a violation continues after notice has been served shall be deemed a separate offense. Ordinance No. FD 54 Page 17 of 57 P158 In addition to, or in place of, the foregoing penalties, administrative penalties pursuant to the District's Administrative Citation Ordinance may be imposed in connection with any violation of this code or any District ordinance. Any person violating or who has violated any section of this code or District ordinance may be issued an administrative citation in accordance with the Administrative Citation Ordinance. SECTION 110 UNSAFE BUILDINGS 110.1 General. If during the inspection of a premises, a building or structure, or any building system, in whole or in part, is determined to be unsafe, the fire code official shall issue such notice or orders to remove or remedy the conditions as shall be deemed necessary in accordance with this section, and shall refer the building to the building department for any repairs, alterations, remodeling, removing, or demolition required. 110.1.1 Unsafe conditions. Structures or existing equipment that are or hereafter become unsafe or deficient because of inadequate means of egress or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or which involve illegal or improper occupancy, inadequate maintenance, or work without required permits, shall be deemed an unsafe condition. A vacant structure which is not secured against unauthorized entry as required by Section 311 shall be deemed unsafe. SECTION 111 STOP WORK ORDER 111.1 Order. Whenever the fire code official finds any work regulated by this code, any other code adopted by the City of Rancho Cucamonga, or any State or Federal regulation being performed in a manner contrary to the provisions of the applicable code,or in a dangerous or unsafe manner, the fire code official is authorized to issue a stop work order. Construction work that includes but is not limited to repairs, alterations, remodeling, additions, improvements, removing, demolition, or installation for which a permit is required but has not been issued is dangerous and unsafe. 111.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to violation penalties as specified in Section 109.4. Each day that work continues in violation of a stop work order shall be deemed a separate offense. Ordinance No. FD 54 Page 18 of 57 P159 SECTION 112 ACCESS RESTRICTIONS 112.1 Public Lands. The chief is authorized to determine when conditions exist on public lands within the designated wildland-urban interface fire area that present an immediate, exceptional, and/or continuing danger. Such conditions include but are not limited to critical fire weather conditions, a red flag warning or fire weather watch issued by the National Weather Service, dangerously low fuel moisture levels, density of the natural vegetation, imminent flooding or flooding in progress, and similar hazards to individual and community safety. Upon making such a determination, the chief is authorized to close the affected areas and prohibit entry. Exceptions: 1. Residents and owners of private property and their invitees whose regular access to their property is through an affected area. 2. Entry, while in the course of duty, by peace or police officers; officials and employees of the District, San Bernardino County Fire Protection District, CalFire, US Forest Service, and automatic and mutual aid fire departments; and all other public officials having legitimate business within the affected areas. 3. Entry by authorized persons engaged in the maintenance, repair, or installation of equipment owned and/or operated by public or private utilities or communications systems. 112.1.1 Continuing Authorization. Any closure of public lands authorized by the chief that will extend more than 15 calendar days shall be approved by the Board of Directors within 15 days of the effective date of the closure or at the next regularly scheduled meeting of the Board. 112.1.2 Notification. Upon closing and prohibiting entry to public lands,the chief shall, within 24 hours, make notification of the closure through a press release that includes at least one locally published newspaper and shall, within five days or as soon as practical, post signs at the entry points of the affected areas indicating that the area is closed and entry is prohibited. 112.1.3 County Administered Lands. The closure of any public lands within the designated wildland-urban interface fire area that are administered by an agency or department of the County of San Bernardino shall be with the concurrence of the County Fire Warden/Chief of the San Bernardino County Fire Protection District. Any closure of such lands that will extend more than 15 days shall be with the concurrence of the San Bernardino County Board of Supervisors. 112.2 Private Property. With the consent of an owner of private property within the designated wildland-urban interface fire area, the chief is authorized to prohibit entry onto private property through the use of trespassing laws when the chief has determined that conditions exist that present an immediate, exceptional, and/or continuing danger to individual or community safety. 112.2.1 Notification. Signs prohibiting trespassing and indicating the existence of dangerous conditions shall be posted on the property. Ordinance No. FD 54 Page 19 of 57 P160 CHAPTER 2 DEFINITIONS AIRBORNE LUMINARY. An unpiloted, floating device in the air typically comprised of paper, Mylar, or similar lightweight material over a frame of wood, plastic, or metal made buoyant by an open flame, smoldering material, or other heat source. Airborne luminaries are also known as sky, flying, or wish lanterns; sky candles; and similar such names. CRITICAL FIRE WEATHER. A set of weather conditions (usually a combination of low relative humidity and wind) whose effects on fire behavior make control difficult and threaten firefighter safety. HIGH-PILED COMBUSTIBLE STORAGE. Storage of combustible materials in closely packed piles or combustible materials on pallets, in racks, or on shelves where the top of storage is greater than 12 feet in height. High-piled combustible storage also includes certain high-hazard commodities, such as rubber tires, Group A plastics, flammable liquids, idle pallets and similar commodities, where the top of storage is greater than 6 feet in height. PUBLIC ASSEMBLAGE. A place of assembly or any other place, indoors or outdoors, where people congregate and where the number of persons or the nature of the performance, exhibition,display, contest, or activity has or could have an adverse impact on public safety in the opinion of the fire code official. RECREATIONAL FIRE. An outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, portable outdoor fireplace, approved permanently constructed or installed fire pit or fire ring, listed or approved barbecue grill, or approved barbecue pit and has a total fuel area of 3 feet or less in diameter and 2 feet or less in height for pleasure, religious, ceremonial, cooking, warmth, or similar purposes. Ordinance No. FD 54 Page 20 of 57 P161 CHAPTER 3 GENERAL PRECAUTIONS AGAINST FIRE SECTION 301 GENERAL 301.2 Permits. Permits for operations or uses regulated by this chapter shall be required as set forth in Section 105. SECTION 307 OPEN BURNING, RECREATIONAL FIRES, BONFIRES. AND PORTABLE OUTDOOR FIREPLACES 307.1 General. A person shall not kindle or maintain or authorize to be kindled or maintained any open burning, bonfire, or recreational fire unless conducted and approved in accordance with this section. 307.1.1 Prohibited open burning. Open burning, bonfires, and recreational fires that are offensive or objectionable because of smoke or odor emissions or when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited. Regardless of an issued permit and/or prior approval, open burning; recreational fires; bonfires; and fires in a(n) outdoor fireplace, portable outdoor fireplace, approved permanently constructed or installed fire pit or fire ring, listed or approved barbecue grill, or approved barbecue pit are prohibited in a designated wildland-urban interface fire area when critical fire weather conditions have been declared by the fire code official, the county fire warden, the US Forest Service, or the National Weather Service. 307.2 Permit required. A permit shall be obtained from the fire code official in accordance with Section 105 prior to kindling a fire for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests, open burning,a bonfire, or a recreational fire. Application for such approval shall only be presented by and permits issued to the owner of the land upon which the fire is to be kindled. 307.3 Extinguishment authority. When open burning, a recreational fire, a bonfire, or other outdoor fire creates or adds to a hazardous or objectionable situation, or a required permit for such burning has not been obtained, the fire code official is authorized to order the extinguishment and/or discontinuance of the burning. 307.5 Attendance. All outdoor fires including open burning; bonfires; recreational fires; and fires in portable outdoor fireplaces, approved permanently constructed or installed fire pit or fire ring, listed approved barbecue grill, or approved barbecue pit shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher complying with Section 906 with a minimum 4-A rating or other approved on-site fire extinguishing equipment, such as dirt, sand, water barrel, garden hose, or water truck shall be available for immediate utilization. 307.6 Standby personnel. The fire code official is authorized to require standby personnel in accordance with Section 403 during any open burning, recreational fire, bonfire, or other outdoor fire that poses an adverse risk to public safety. Ordinance No. FD 54 Page 21 of 57 P162 SECTION 308 OPEN FLAMES 308.1.2 Attendance. All open flames and open-flame devices regulated by this section shall be constantly attended until the flame is extinguished. 308.1.4 Open-flame cooking devices. Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or within 10 feet of combustible construction. Exceptions: 1. One- and two-family dwellings. 2. LP-gas cooking devices having one LP-gas container with a water capacity of not greater than 2 'h pounds (nominal 1 pound LP-gas capacity). 308.1.5 Location near combustibles. Open flames such as from candles, lanterns, kerosene heaters, and gas-fired heaters shall not be located on or near decorative material of or similar combustible materials. Flaming or smoldering charcoal, or similar heat producing materials, shall not be handled over or near decorative materials, carpet, rugs, or similar combustible materials. 308.1.6.2 Portable fueled open-flame devices. Portable open-flame devices fueled by flammable or combustible gases, liquids, gels, or solids shall be designed, enclosed, installed, handled, and transported in such a manner as to prevent the flame from contacting combustible material. Exceptions: No changes from the code language. 308.1.6.3 Airborne luminary. The ignition, use, or release of an airborne luminary is prohibited. Exception: The use or release of an airborne luminary for ceremonial, educational, or research purposes may be approved by the fire code official. Weather and vegetation conditions may preclude the ignition, use, and release of an airborne luminary. The fire code official may require the airborne luminary to be tethered. 308.3 Group A occupancies. Open-flame devices shall not be used in a Group A occupancy or public assemblage. Exceptions: 1. Open-flame devices are allowed to be used in the following situations, provided approved precautions are taken to prevent ignition of a combustible material or injury to occupants, participants, and attendees: 1.1 Where necessary for ceremonial or religious purposes in accordance with Section 308.1.7. 1.2. On stages and platforms as a necessary part of a performance in accordance with Section 308.3.2. 1.3. Where candles on tables are securely supported on substantial noncombustible bases and the candle flames are protected. Candles shall be in accordance with Section 308.3.1. 2. Heat-producing equipment complying with Chapter 6 and the California Mechanical Code. 3. Gas lights are allowed to be used provided adequate precautions satisfactory to the fire code official are taken to prevent ignition of combustible materials. 4. Food warming equipment and devices used in accordance with their listings. Ordinance No. FD 54 Page 22 of 57 P163 308.6 Wildland-Urban Interface Fire Areas. Regardless of an issued permit, prior approval, or implied or expressed consent contained within this code, open flames and the use of open flame devices are prohibited in a designated wildland-urban interface fire area when critical fire weather conditions have been declared by the fire code official, the county fire warden, the US Forest Service, or the National Weather Service. 308.7 Standby personnel. The fire code official is authorized to require standby personnel in accordance with Section 403.3 whenever the use of open flames poses an adverse risk to public safety. SECTION 309 POWERED INDUSTRIAL TRUCKS AND EQUIPMENT 309.1 General. Powered industrial trucks, electric carts/cars, and similar equipment including, but not limited to, floor scrubbers and floor buffers, shall be operated and maintained in accordance with this section. Permits shall be required as set forth in Section 105. SECTION 310 SMOKING 310.1 General. The smoking or carrying of a lighted pipe, cigar, cigarette, or any other type of smoking paraphernalia or material is prohibited in accordance with the Municipal Code of the City of Rancho Cucamonga and in the areas indicated in Sections 310.2 through 310.8. SECTION 314 INDOOR DISPLAYS 314.1 General. Indoor displays constructed within any occupancy shall comply with Sections 314.2 through 314.4. Permits shall be required as set forth in Section 105. 314.4 Vehicles. Liquid- or gas-fueled vehicles, boats or other motorcraft shall not be located indoors except as follows: 1. Batteries are disconnected. 2. Fuel in fuel tanks does not exceed one-quarter tank or 5 gallons (whichever is least). 3. Fuel tanks and fill openings are closed and sealed to prevent the escape of vapors and locked to prevent tampering. 4. Fuel tanks are inspected for leaks and determined to be free from leaks. 5. Vehicles, boats or other motorcraft equipment are not fueled or defueled within the building. 6. The location of vehicles or equipment do not obstruct means of egress. 7. When a compressed natural gas (CNG) or liquefied petroleum gas (LP-gas) powered vehicle is approved by the fire code official to be parked inside a place of assembly, all the following conditions shall be met: a. The quarter-turn shutoff valve or other shutoff valve on the outlet of the CNG or LP-gas container shall be closed and the engine shall be operated until it stops. Valves shall remain closed while the vehicle is indoors. b. The hot lead of the battery shall be disconnected. c. Dual-fuel vehicles equipped to operate on gasoline and CNG or LP-gas shall comply with all of the provisions. Ordinance No. FD 54 Page 23 of 57 P164 314.4.1 Approved competitions and demonstrations. Liquid and gas-fueled vehicles and equipment approved by the fire code official for use in a competition or demonstration within a building shall comply with Sections 314.4.1.1 through 314.4.1.3. 314.4.1.1 Fuel storage. Fuel for vehicles or equipment shall be stored in approved containers in an approved location outside of the structure in an approved manner not less than 50 feet from the structure. Storage shall be in accordance with Chapter 57. 314.4.1.2 Fueling. Refueling shall be performed outside of the structure in an approved location not less than 20 feet from the structure. 314.4.1.3 Spills. Fuel spills shall be cleaned up immediately. SECTION 316 HAZARDS TO FIRE FIGHTERS 316.7. Fog or smoke emitting systems. No alarm system shall be installed in any new or existing building or portion of a building which, as a part of its operation discharges any gas, vapor, liquid, smoke, or other product when the primary intent of system discharge is to obscure the vision of any person, cause disorientation, or incapacitate any person within the building or portion thereof. Nothing in this section is intended to preclude the connection of an alarm system to any fire suppression system. SECTION 319 STORAGE OF IDLE PALLETS* 319.1 General. Storage of idle pallets shall be in accordance with this section. Permits shall be required as set forth in Section 105. 319.2 Storage location. Idle pallets shall be stored outside or in a separate building designed for pallet storage unless stored indoors in accordance with Section 319.3. 319.3 Indoor storage. Idle pallet storage shall be permitted in a building used for other storage or other purpose when arranged and protected in accordance with NFPA 13 unless the following conditions are met: I. Pallets are stored no more than 6 feet in height. 2. Pallet piles are limited to 500 square feet or 200 cubic feet. Individual piles shall be separated from other piles by a clear space of not less than 8 feet and separated from commodities by a clear space of not less than 25 feet. 3. The aggregate volume of pallets does not exceed 2,500 cubic feet per fire area. 4. Storage is in accordance with Section 5704.3.3.9 as amended where applicable. 319.4 Outdoor storage. Idle pallets stored outside shall be stored in accordance with Tables 319.4.1 and 319.4.2 and Section 319.5. Ordinance No. FD 54 Page 24 of 57 P165 319.5 Outdoor pile dimensions. Idle pallet stacks shall not exceed 15 feet in height nor shall cover an area greater than 500 square feet. Pallet stacks shall be arranged to form stable piles. Piles shall be separated by a minimum of 8 feet. Piles shall be a minimum of 10 feet from property lines. Table 319.4.1 Required Clearance Between Outside Idle Pallet Storage and Other Yard Storage Pile Size Minimum Distance (ft) Under 50 pallets 20 50-200 pallets 30 Over 200 pallets 50 Table 319.4.2 Required Clearance Between Outside Idle Pallet Storage and Structures Minimum Distance of Wall from Storage (ft) Under 50 50 to 200 Over 200 Wall Construction Pallets Pallets Pallets Masonry with no openings 0 0 15 Masonry with wired glass in openings, outside sprinklers, and 0 10 20 1-hour doors Masonry with wired or plain glass, outside sprinklers, and 3/4-hour 10 20 30 doors Wood or metal with outside 10 20 30 sprinklers Wood, metal,other 20 30 50 *Based on NFPA Standard 1 SECTION 320 WASTE HANDLING AND RECYCLING FACILITIES 320.1 General. Waste handling, recycling and scrap facilities, automobile wrecking yards, and junk yards shall be in accordance with this section. Permits shall be required as set forth in Section 105. 320.2 Fire apparatus access roads. Fire apparatus access roads shall be provided and maintained in accordance with Section 503. 320.3 Welding and other hot work. Welding and other hot work shall be in accordance with Chapter 35. Ordinance No. FD 54 Page 25 of 57 P166 320.4 Combustible waste material. Combustible waste material and combustible vegetation shall be stored, arranged, and maintained in accordance with Section 304. 320.5 Fire protection. Fire protection shall be in accordance with Chapter 9. The fire code official is authorized to require additional fire protection systems in accordance with Section 901.4.4 such as, but not limited to, fixed master stream monitors. 320.6 Tires, motor vehicle fluids, hazardous materials, and lead-acid batteries. The storage, use, and handling of tires, motor vehicle fluids, and hazardous materials shall be in accordance with this section 320.6.1 Tires. The storage of tires shall be in accordance with Chapter 34. 320.6.2 Motor vehicle fluids. The storage, use, and handling of motor vehicle fluids shall be in accordance with this section and Chapters 50 and 57. 320.6.2.1 Leaking Fluids. Motor vehicle fluids shall be drained from salvage vehicles when such fluids are leaking. Supplies or equipment capable of mitigating leaks from fuel tanks, crankcases, brake systems, and transmissions shall be kept available on site. Single-use plugging, diking, and absorbent materials shall be disposed of as hazardous waste and removed from the site in a manner approved by applicable state regulations. 320.6.3 Hazardous materials. The storage, use, and handling of hazardous materials shall be in accordance with Chapter 50 and those chapters with provisions specific to the material being stored, used, and/or handled. 320.6.4 Lead-acid batteries. Lead-acid batteries shall be removed from salvage vehicles and stored in an approved manner. 320.6.5 Air bag systems. Air bag systems shall be handled as a hazardous material in accordance with Chapter 50 and other applicable state regulations. 320.7 Burning operations. Burning operations shall be in accordance with state air quality and other applicable regulations. Ordinance No. FD 54 Page 26 of 57 P167 CHAPTER 4 EMERGENCY PLANNING AND PREPAREDNESS SECTION 403 PUBLIC ASSEMBLAGES AND EVENTS 403.1 General. Public assemblages; carnivals, fairs, exhibits, trade shows, and similar indoor or outdoor events; special amusement buildings; and seasonal sales lots shall comply with the provisions of this code and RCFPD Standards 4-I, 4-2, 4-3, and 4-4. 403.2 Permits. Permits shall be required as set forth in Section 105. 403.3 Standby personnel. When, in the opinion of the fire code official, it is essential for public safety in a place of assembly or any other place where people congregate, because of the number of persons; the nature of the performance, exhibition, display, contest, or activity; or the presence of open burning, open flames, or fireworks,the owner, agent, or lessee shall provide one or more qualified standby personnel or crowd managers, as required and approved by the fire code official, to remain on duty during the times such places are open to the public, or when such activity is being conducted. Standby personnel shall be in a uniform or be otherwise readily identifiable and distinguishable. Standby personnel shall remain on duty during the times such places are open to the public or when such activity is being conducted, until relieved of such duty by another person who meets the qualifications of this section, or until released from duty by the fire code official. 403.3.1 Duties. Standby personnel shall keep diligent watch for fires, obstructions to means of egress, and other hazards during the time such place is open to the public or such activity is being conducted and take prompt measures for remediation of hazards, extinguishment of fires that occur, and assisting in the evacuation of the public from the structures. 403.4 Public safety plan. In other than Group A or E occupancies, where the fire code official determines that an indoor or outdoor gathering of persons could have an adverse impact on public safety through diminished access to buildings, structures, fire hydrants, fire apparatus access roads, persons in need of emergency medical care, unrestricted access to the public way, and/or similar risks to general public safety or where such gatherings could adversely affect public safety services of any kind, the fire code official shall have the authority to order the development of, or prescribe a plan for, the provision of an approved level of public safety. 403.5 Crowd managers. (Numbering change only). SECTION 408 USE AND OCCUPANCY-RELATED REQUIREMENTS 408.9 Group R-2 occupancies. Group R-2 occupancies shall comply with the requirements of Sections 408.9.1 through 408.9.3, and Sections 401 through 406. 408.9.1 Emergency guide. A fire emergency guide that complies with RCFPD Standard 4-5 shall be provided. Ordinance No. FD 54 Page 27of57 P168 408.9.2 Maintenance. Emergency guides shall be reviewed by the owner, owner's association, and/or the manager at least annually and approved in accordance with Section 401.2. Evacuation diagrams shall be reviewed and updated in accordance with Section 404.4. 408.9.3 Distribution. A copy of the emergency guide shall be given to each tenant prior to initial occupancy. Each tenant shall sign a form supplied by the owner or owner's agent acknowledging in-person receipt of the fire emergency guide. Tenants shall sign a similar form when updated versions of the emergency guide are provided. Ordinance No. FD 54 Page 28 of 57 P169 CHAPTER 5 FIRE SERVICE FEATURES SECTION 503 FIRE APPARATUS ACCESS ROADS 503.2 Specifications. Fire apparatus access roads shall be designed, engineered, installed and arranged in accordance with Sections 503.2.1 through 503.2.8 and RCFPD Standard 5-1. 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 26 feet and an unobstructed vertical clearance of not less than 14 feet 6 inches. Street widths are to be measured from top face of curb to top face of curb on streets with curb and gutter, and from flowline to flowline on streets with rolled curbs Exceptions: 1. Gates shall be in accordance with Sections 503.5 and 503.6 and RCFPD Standards 5-3 and 5-4. 2. Roads at entry medians constructed for private commercial, industrial, or residential developments shall be a minimum of 20 feet on each side. The road shall not be part of a radius turn. This exception does not apply to public streets. 3. Dimensions may be reduced when in the opinion of the fire code official there are practical difficulties with providing the required dimensions. 4. Dimensions may be increased when in the opinion of the fire code official required dimensions are not adequate to provide fire apparatus access. 503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all weather driving capabilities. Permanent fire apparatus access roads utilizing surface material other than concrete or asphalt (alternative materials) shall be in accordance with RCFPD Standard 5-2 and approved by the fire code official. 503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be in accordance with RCFPD Standard 5-1. 503.2.5 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus in accordance with RCFPD Standard 5-1. 503.2.7 Grade. The grade of the fire apparatus access road shall be in accordance with RCFPD Standard 5-1 and Section 503.7.3. 503.2.8 Angles of approach and departure. The angles of approach and departure for fire apparatus access roads shall be in accordance with RDFPD Standard 5-1. 503.2.9 Traffic calming. Traffic calming devices or measures installed in a fire apparatus access road shall be in accordance with RCFPD Standard 5-I. 503.3 Marking. Approved signs or other approved notices or markings that include the words NO PARKING —FIRE LANE shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. The means by which fire lanes are designated shall be maintained in a Ordinance No. FD 54 Page 29 of 57 P170 clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. Fire apparatus access road marking shall be in accordance with RCFPD Standard 5-1. 503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in Section 503.2.1 shall be maintained at all times. Water run-off and flood control dips, speed bumps, traffic calming devices, or other surface irregularity shall be in accordance with RCFPD Standard 5-1. 503.5 Required gates or barricades. The fire code official is authorized to require the installation and maintenance of gates or other approved barricades across fire apparatus access roads, trails, or other accessways, not including public streets, alleys, or highways. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed, and installed to comply with the requirements of ASTM F2200 and RCFPD Standards 5-3 and 5-4. 503.6 Security gates. The installation of security gates across a fire apparatus access road shall be approved by the fire code official. Where security gates are installed, they shall have approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed, and installed to comply with the requirements of ASTM F2200. Residential vehicular gates shall be in accordance with RCFPD Standard 5-3. Commercial and industrial vehicular gates shall be in accordance with RCFPD Standard 5-4. 503.7 Aerial fire apparatus access roads. Buildings or portions of buildings or facilities exceeding 30 feet in height above the lowest level of fire department vehicle access shall be provided with approved aerial fire apparatus access roads capable of accommodating fire department aerial apparatus. 503.7.1 Dimensions. Aerial fire apparatus access roads shall have an unobstructed width of not less than 26 feet. Overhead utility and power lines and other vertical obstructions shall not be located within the aerial fire apparatus access roadway. 503.7.2 Proximity to building. At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet and a maximum of 30 feet from the building, and shall be positioned parallel to one entire side of the building. 503.7.3 Grade. The grade of aerial fire apparatus access roads shall not exceed five percent (5%). SECTION 504 ACCESS TO BUILDING OPENINGS AND ROOFS 504.1.1 Access identification. Required exterior access doors, including exit doors, in the warehouse or manufacturing areas of any building with a gross floor area greater than 10,000 square feet shall be marked in accordance with RCFPD Standard 5-5 to allow for quick identification by firefighters both inside and outside of the building. 504.4.1 Aerial ladders. Aerial fire apparatus ladder access to the roof and parapet ladders shall be in accordance with RCFPD Standard 5-6. Ordinance No. FD 54 Page 30 of 57 P171 SECTION 505 PREMISES IDENTIFICATION 505.1 Address identification. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Addressing of multi-family residential buildings shall be in accordance with RCFPD Standard 5-7. Addressing of commercial and industrial buildings shall be in accordance with RCFPD Standard 5-8. For all other buildings,numbers shall be a minimum of 4 inches high with a minimum stroke width of 0.5 inch. Acceptable dimensions of address numbers and letters will be determined by the fire code official to ensure that they are plainly legible and visible. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole, or other sign or means shall be used to identify the structure. Address numbers shall be maintained. SECTION 506 KEY BOXES 506.1 Where required. Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire-fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type listed in accordance with UL 1037 and shall contain keys and/or other devices/information such as electronic card keys or access codes to gain necessary access as required by the fire code official. Key boxes shall be in accordance with RCFPD Standard 5-9. SECTION 507 FIRE PROTECTION WATER SUPPLIES 507.1 Required water supply. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction. The approved water supply shall be in accordance with this section, Appendix B as amended, and RCFPD Standard 5-10. 507.3 Fire flow. Fire flow requirements for buildings or portions of buildings and facilities shall be in accordance with Appendix B as amended and RCFPD Standard 5-10. 507.5 Fire hydrant systems. Fire hydrant systems shall comply with Sections 507.5.1 through 507.5.6, Appendix C, and RCFPD Standard 5-10. 507.5.1 Where required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 300 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on- site fire hydrants and mains shall be provided where required by the fire code official. Exception: For Group R-3 and Group U occupancies equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2, or 903.3.1.3, the distance requirement can be increased by the fire code official. Ordinance No. FD 54 Page 31 of 57 P172 SECTION 509 FIRE PROTECTION AND UTILITY EQUIPMENT IDENTIFICATION AND ACCESS 509.3 Multi-tenant or multi-unit buildings. When an automatic fire sprinkler system or systems or a fire alarm system or systems are installed in buildings constructed for multiple tenants and/or units and the installed systems protect multiple tenant spaces or units, the fire sprinkler riser(s), fire alarm control unit, and all other related valves, gauges, and/or controls for such systems shall be located in an attached or included room or approved weather resistant enclosure with an exterior access door of not less than 3'-0" by 6'-8". SECTION 511 SITE PLANS 511.1 General. The owner of or person responsible for a building or facility shall provide the fire code official with a site plan in accordance with RCFPD Standard 5-11. The owner or responsible person shall provide an updated site plan to the fire code official when any element of the site plan changes. Ordinance No. FD 54 Page 32 of 57 P173 CHAPTER 6 BUILDING SERVICES AND SYSTEMS SECTION 601 GENERAL 601.2 Permits. Permits shall be required as set forth in Section 105. SECTION 606 MECHANICAL REFRIGERATION 606.10.1.2 Manual Operation. When required by the fire code official, automatic crossover valves shall be capable of manual operation. The manual valves shall be located in an approved location immediately outside of the machinery room, in a secure metal box and marked as Emergency Controls. SECTION 609 COMMERCIAL COOKING OPERATIONS 609.1 General. Commercial cooking operations, commercial cooking appliances, and commercial kitchen exhaust hoods shall comply with the requirements of this section, Section 904, the California Mechanical Code, and NFPA 96. Permits shall be required as set forth in Section 105. Ordinance No. FD 54 Page 33 of 57 P174 CHAPTER 8 INTERIOR FINISH, DECORATIVE MATERIALS AND FURNISHINGS SECTION 807 DECORATIVE MATERIALS OTHER THAN DECORATIVE VEGETATION IN NEW AND EXISTING BUILDINGS 807.4.3.2 Artwork. Artwork and teaching materials shall be limited on the walls of corridors to not more than 20 percent (20%) of the wall area. Artwork and teaching materials on the walls, windows, and doors of classrooms shall be in accordance with RCFPD Standard 8-1. 807.4.4.2 Artwork. Artwork and teaching materials shall be limited on walls of corridors to not more than 20 percent (20%) of the wall area. Artwork and teaching materials on the walls, windows, and doors of day care facilities shall be in accordance with RCFPD Standard 8-1. Ordinance No. FD 54 Page 34 of 57 P175 CHAPTER 9 FIRE PROTECTION SYSTEMS SECTION 901 GENERAL 901.4.2 Non-required fire protection systems. Any fire protection system or portion thereof not required by this code or the California Building Code shall be allowed to be furnished for partial or complete protection provided such installed system meets the requirements of this code and the California Building Code. Partial systems shall be in accordance with RCFPD Standard 9-I. 901.7 Systems out of service. Where a required fire protection system is out of service, the fire department and the fire code official shall be notified immediately and, where required by the fire code official, the building shall either be evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shut down until the fire protection system has been returned to service. Where utilized, fire watches shall be provided with at least one approved means for notification of the fire department and their only duty shall be to perform constant patrols of the protected premises and keep watch for fires. A fire watch shall be in accordance with RCFPD Standard 9-2. 901.8 Removal of or tampering with equipment. It shall be unlawful for any person to remove, tamper with, intentionally damage or destroy, or otherwise disturb any fire hydrant, fire detection and alarm system, fire suppression system, fire appliances required by this code, or other appurtenance installed as a component of a fire protection system except for the purpose of extinguishing fire, approved training, recharging or making necessary repairs, or when authorized by the fire code official. The fire code official is authorized to approve means for preventing and deterring the unlawful removal of and/or tampering with fire protection equipment. SECTION 903 AUTOMATIC SPRINKLER SYSTEMS 903.2 Where required. Approved automatic sprinkler systems shall be provided: 1. In new buildings and structures in the locations described in Sections 903.2.1 through 903.2.12 as amended. 2. In existing buildings and structures where an addition creates a fire area that is required by Sections 903.2.1 through 903.2.12 as amended to have an automatic sprinkler system. 3. In existing buildings and structures when a change in use results in a fire area that is required by Sections 903.2.1 through 903.2.12 as amended to have an automatic sprinkler system. 903.2.1 Group A. An automatic sprinkler system shall be provided throughout buildings and portions thereof used as Group A occupancies as provided in this section. For Group A-1, A-2, A- 3, and A-4 occupancies, the automatic sprinkler system shall be provided throughout the floor area where the Group A-1, A-2, A-3 or A-4 occupancy is located, and in all floors from the Group A occupancy to, and including, the nearest level of exit discharge serving the Group A occupancy. For Group A-5 occupancies, the automatic sprinkler system shall be provided in the spaces indicated in Section 903.2.1.5. Ordinance No. FD 54 Page 35 of 57 P176 903.2.1.1 Group A-1. An automatic sprinkler system shall be provided for Group A-1 occupancies where one of the following conditions exists: 1. The fire area exceeds 5,000 square feet. 2. The fire area has an occupant load of 300 or more; 3. The fire area is located on a floor other than a level of exit discharge serving such occupancies. 4. The fire area contains a multi-theater complex. 903.2.1.2 Group A-2. An automatic sprinkler system shall be provided for Group A-2 occupancies where one of the following conditions exists: 1. The fire area exceeds 5,000 square feet. 2. The fire area has an occupant load of 100 or more; or 3. The fire area is located on a floor other than a level of exit discharge serving such occupancies. 4. The structure exceeds 5,000 square feet, contains more than one fire area containing a Group A-2 occupancy, and is separated into two or more buildings by fire walls of less than four hour fire resistance rating without openings. 903.2.1.3 Group A-3. An automatic sprinkler system shall be provided for Group A-3 occupancies where one of the following conditions exists: 1. The fire area exceeds 5 000 square feet. 2. The fire area has an occupant load of 300 or more; or 3. The fire area is located on a floor other than a level of exit discharge serving such occupancies. 4. The structure exceeds 12,000 square feet, contains more than one fire area containing exhibition and display rooms, and is separated into two or more buildings by fire walls of less than four hour fire resistance rating without openings. 903.2.1.4 Group A-4. An automatic sprinkler system shall be provided for Group A-4 occupancies where one of the following conditions exists: 1. The fire area exceeds 5 000 square feet. 2. The fire area has an occupant load of 300 or more; or 3. The fire area is located on a floor other than a level of exit discharge serving such occupancies. 903.2.1.5 Group A-5. An automatic sprinkler system shall be provided for Group A-5 occupancies in the following areas: concession stands, retail areas, press boxes, and other accessory use areas in excess of 1,000 square feet. 903.2.3 Group E. An automatic sprinkler system shall be provided for Group E occupancies as follows: 1. Throughout all Group E fire areas greater than 5 000 square feet in area. All other provisions of this section remain unchanged. Ordinance No. FD 54 Page 36 of 57 P177 903.2.4 Group F-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group F- 1 occupancy where one of the following conditions exists: 1. A Group F-1 fire area exceeds 5,000 square feet. 2. A Group F-1 fire area is located more than three stories above grade plane. 3. The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 5 000 square feet. 4. A Group F-1 occupancy used for the manufacture of upholstered furniture or mattresses exceeds 2,500 square feet. 903.2.7 Group M. An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where one of the following conditions exists: 1. A Group M fire area exceeds 5 000 square feet. 2. A Group M fire area is located more than three stories above grade plane. 3. The combined area of all Group M fire areas on all floors, including any mezzanines, exceeds 5 000 square feet. 4. A Group M occupancy is used for the display and sale of upholstered furniture or mattresses exceeds 2,500 square feet. 5. The structure exceeds 12 000 square feet, contains more than one fire area containing a Group M occupancy, and is separated into two or more buildings by fire walls of less than 4-hour fire-resistance rating. 903.2.9 Group S-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists: 1. A Group S-1 fire area exceeds 5,000 square feet. 2. A Group S-1 fire area is located more than three stories above grade plane. 3. The combined area of all Group S-1 fire areas on all floors, including any mezzanines, exceeds 5 000 square feet. 4. A Group S-1 fire area used for the storage of commercial trucks or buses where the fire area exceeds 5,000 square feet. 5. A Group S-1 occupancy used for the storage of upholstered furniture or mattresses exceeds 2,500 square feet. 903.2.9.1 Repair garages. An automatic sprinkler system shall be provided throughout all buildings used as repair garages in accordance with Section 406.8 of the California Building Code, as shown: 1. Buildings having two or more stories above grade plane, including basements, with a fire area containing a repair garage exceeding 5 000 square feet. 2. Buildings no more than one story above grade plane, with a fire area containing a repair garage exceeding 5,000 square feet. 3. Buildings with repair garages servicing vehicles parked in basements. 4. A Group S-1 fire area used for repair of commercial trucks or buses where the fire area exceeds 5,000 square feet. 903.2.10 Group S-2 enclosed parking garages. An automatic sprinkler system shall be provided throughout buildings classified as enclosed parking garages in accordance with Section 406.6 of the California Building Code as follows: 1. Where the fire area of the enclosed parking garage exceeds 5.000 square feet; or 2. Where the enclosed parking garage is located beneath other groups. Ordinance No. FD 54 Page 37 of 57 P178 903.2.10.1 Commercial parking garages. An automatic sprinkler system shall be provided throughout buildings used for storage of commercial trucks or buses where the gross floor area exceeds 5,000 square feet. 903.4 Sprinkler system supervision and alarms. All valves controlling the water supply for automatic sprinkler systems, pumps, tanks, water levels and temperatures, critical air pressures, and water-flow switches on all sprinkler systems shall be electrically supervised. Exceptions: 1. Automatic sprinkler systems protecting one- and two-family dwellings. 2. Limited area systems serving fewer than 20 sprinklers. 3. Automatic sprinkler systems installed in accordance with NFPA 13R where a common supply main is used to supply both domestic water and the automatic sprinkler system, and a separate shutoff valve for the automatic sprinkler system is not provided. 4. Jockey pump control valves that are sealed or locked in the open position. 5. Exception deleted. 6. Valves controlling the fuel supply to fire pump engines that are sealed or locked in the open position. 7. Trim valves to pressure switches in dry, pre-action and deluge sprinkler systems that are sealed or locked in the open position. 903.4.3 Floor control valves. Approved supervised indicating control valves shall be provided at the point of connection to the riser on each floor in all multi-story buildings and Group 1-2 occupancies having occupied floors located more than 75 feet above the lowest level of fire department vehicle access. SECTION 904 ALTERNATIVE AUTOMATIC FIRE-EXTINGUISHING SYSTEMS 904.2.1 Commercial hood and duct systems. Each required commercial kitchen exhaust hood and duct system required by Section 609 to have a Type I hood shall be protected with an approved automatic fire-extinguishing system installed in accordance with this code, manufacturer's specifications, and NFPA 96. SECTION 906 PORTABLE FIRE EXTINGUISHERS 906.6 Unobstructed and unobscured. Portable fire extinguishers shall not be obstructed or obscured from view. In rooms or areas in which visual obstruction cannot be completely avoided, means acceptable to the fire code official shall be provided to indicate the locations of extinguishers. SECTION 907 FIRE ALARM AND DETECTION SYSTEMS 907.1 General. This section covers the application, installation, performance, and maintenance of fire alarm systems and their components in new and existing buildings and structures. The requirements of Section 907.2 are applicable to new buildings and structures. The requirements of Section 907.9 are Ordinance No. FD 54 Page 38 of 57 P179 applicable to existing buildings and structures. Fire alarm and detection systems, remote annunciation. reset and silence procedures, listing certification, monitoring, notification appliances, equipment disconnect interfaces, and a posted zone map in new and existing buildings shall be in accordance with RDFPD Standard 9-3. 907.1.6 Alarm Signal Verification. Remote monitoring and supervising station services shall attempt to verify an alarm signal originating from a residential or commercial protected premises prior to reporting the alarm signal to the public safety communications center. Verification shall be in accordance with NFPA 72 and RCFPD Standard 9-4. SECTION 912 FIRE DEPARTMENT CONNECTIONS 912.1 Installation. Fire department connections shall be installed in accordance with the NFPA standard applicable to the system design and shall comply with Sections 912.2 through 912.6 and RCFPD Standard 5-10. 912.4 Signs. A sign in accordance with RDFPD Standard 5-10 shall be mounted on all fire department connections serving automatic sprinklers, standpipes, or fire pump connections. Where the fire department connection does not serve the entire building, a sign shall be provided indicating the portions of the building served. SECTION 913 FIRE PUMPS 913.2 Protection against interruption of service. The fire pump, driver, and controller shall be protected in accordance with NFPA 20 against possible interruption of service through damage caused by explosion, fire, flood, earthquake, rodents, insects, windstorm, freezing, vandalism and other adverse conditions. 913.2.2 Alternate source of power. Notwithstanding the availability of a public utility to provide electric service for a fire pump, electrically driven fire pumps shall be provided with an alternate source of power in accordance with NFPA 20 due to a history of extended power interruptions along the California Power Grid during times of high demand, high heat, and damage to the power grid caused by destructive natural events common in Southern California such as wildfires, Santa Ana winds, and earthquakes. Ordinance No. FD 54 Page 39 of 57 P180 CHAPTER 10 MEANS OF EGRESS SECTION 1001 ADMINISTRATION 1001.3 Permits. Permits shall be required for delayed egress as set forth in Section 105. SECTION 1003 GENERAL MEANS OF EGRESS 1003.8 Public swimming pools. Public swimming pool enclosures, gates, and means of egress shall be in accordance with the California Building Code, the California, Health and Safety Code, and the RCFPD Guidance Document for Swimming Pools. Ordinance No. FD 54 Page 40 of 57 P181 CHAPTER 23 MOTOR FUEL-DISPENSING FACILITIES AND REPAIR GARAGES SECTION 2301 GENERAL 2301.1 Scope. Automotive motor fuel dispensing facilities, marine motor fuel-dispensing facilities, fleet vehicle motor fuel-dispensing facilities, aircraft motor-vehicle fuel-dispensing facilities, residential fueling operations, and repair garages shall be in accordance with this chapter and the California Building Code, California Plumbing Code, California Mechanical Code, and RCFPD Standard 23-1. Such operations shall include both those that are accessible to the public and private operations. Ordinance No. FD 54 Page 41 of 57 P182 CHAPTER 26 FUMIGATION AND THERMAL INSECTICIDAL FOGGING SECTION 2601 GENERAL 2601.1 Scope. Fumigation and thermal insecticidal fogging operations within structures shall comply with this chapter and the California Food and Agriculture Code, Divisions 6 and 7. Where there are conflicting provisions, the regulations contained in the Food and Agriculture Code shall prevail. 2601.2 Permits. Permits shall be required as set forth in Section 105. Permits are not required to conduct fumigation and insecticidal fogging operations per California State Fire Marshal Informational Bulletin issued 10-03-00. Instead, provide required notification to the fire code official in accordance with Section 2603.3 and the California Business and Professions Code Section 8505.5. Ordinance No. FD 54 Page 42 of 57 P183 CHAPTER 28 LUMBER YARDS AND WOODWORKING FACILITIES SECTION 2804 FIRE PROTECTION 2804.5 Water supply. An approved fire hydrant/water supply system capable of supplying 1,500 gpm fire flow for 2 hours shall be provided within 150 feet of all portions of the yard. When required fire flow cannot be provided, the fire code official can impose additional restrictions on pile sizes, locations, and separations. SECTION 2810 WOOD PALLETS 2810.1 General. The indoor and outdoor storage of wood pallets shall be in accordance with Section 319. Ordinance No. FD 54 Page 43 of 57 P184 CHAPTER 32 HIGH-PILED COMBUSTIBLE STORAGE SECTION 3206 GENERAL FIRE PROTECTION AND LIFE SAFETY FEATURES 3206.6.1 Access doors. 2306.6.1.4 Identification. Required access doors in any building with a gross floor area greater than 10,000 square feet shall be marked in accordance with RCFPD Standard 5-5 to allow for quick identification by firefighters both inside and outside of the building. 3208.3 Flue spaces. Flue spaces shall be provided in accordance with Table 3208.3. Required flue spaces shall be maintained. 3208.3.1 Flue space protection. Flue spaces required by Table 3208.3 in single-, double-, or multiple-row rack storage installations shall be equipped with approved devices to protect the required flue spaces against encroachment by stored commodities. Such devices shall not be removed or modified. Exception: When storage rack uprights are installed with row spacing sufficient to prevent the encroachment into the required flue space of commodities stored on standard 48-inch x 40-inch pallets. Examples I. Racks with 42-inch load beams with an 18-inch row space between uprights. 2. Racks with 44-inch load beams with a 14-inch row space between uprights. 3. Racks with 46-inch load beams with a 10-inch row space between uprights. Ordinance No. FD 54 Page 44 of 57 P185 CHAPTER 33 FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION SECTION 3301 GENERAL 3301.3 Construction permits. Construction or building permits shall not be issued until the fire code official inspects and approves required fire apparatus access and water supply for the construction site. The issuance of building permits with regard to the requirements of this section shall be in accordance with RCFPD Standard 33-1. SECTION 3304 PRECAUTIONS AGAINST FIRE 3304.5 Fire watch. When required by the fire code official for building demolition that is hazardous in nature, qualified personnel shall be provided to serve as an on-site fire watch. Fire watch personnel shall be provided with at least one approved means for notification of the fire department and their sole duty shall be to perform constant patrols and watch for the occurrence of fire. A fire watch shall be in accordance with RCFPD Standard 9-2. SECTION 3310 ACCESS FOR FIRE FIGHTING 3310.1 Required access. Approved vehicle access for fire fighting shall be provided to all construction or demolition sites. Vehicle access shall be provided to within 100 feet of temporary or permanent fire department connections. Vehicle access shall be provided by either temporary or permanent roads capable of supporting vehicle loading under all weather conditions. Vehicle access shall be maintained until permanent fire apparatus access roads are available. Temporary fire apparatus access roadways shall be in accordance with RCFPD Standard 33-2. SECTION 3312 WATER SUPPLY FOR FIRE PROTECTION 3312.1 When required. An approved water supply for fire protection, either temporary or permanent, shall be made available prior to combustible material arriving on the site. Temporary water supply and fire hydrants shall be in accordance with RCFPD Standard 33-2. Exception: Combustible forms used for foundation work. SECTION 3318 WILDLAND-URBAN INTERFACE FIRE AREAS 3318.1 General. Fire safety during construction and demolition in a wildland-urban interface fire area shall be in accordance with this chapter, this section, Chapter 49, and RCFPD Standard 49-I. 3318.2 Fire protection plan. A fire protection plan as required by RCFPD Standard 49-1 shall be submitted and approved in conjunction with the submittal and approval of plans for a grading or construction permit. 3318.3 Vegetation management. Approved Zone 1 vegetation management shall be provided prior to combustible material arriving on the site and shall be maintained throughout the duration of Ordinance No. FD 54 Page 45 of 57 P186 construction. The fire code official is authorized to require additional vegetation management and/or defensible space when warranted, in the opinion of the fire official, by site-specific conditions. Ordinance No.FD 54 Page 46 of 57 P187 CHAPTER 35 WELDING AND OTHER HOT WORK SECTION 3501 GENERAL 3501.1 Scope. Welding, cutting, open torches, and other hot work operations and equipment shall comply with this chapter and RCFPD Standard 35-1. 3501.3 Restricted areas. Hot work shall only be conducted in areas designed or authorized for that purpose by the personnel responsible for a Hot Work Program. Hot work shall not be conducted in the following areas unless approval has been obtained from the fire code official: 1. Areas where the sprinkler system is impaired. 2. Areas where there exists the potential of an explosive atmosphere, such as locations where flammable gases, liquids or vapors are present. 3. Areas with readily ignitable materials, such as storage of large quantities of bulk sulfur, baled paper, cotton, lint, dust or loose combustible materials. 4. On board ships at dock or ships under construction or repair. 5. Outdoors in a wildland-urban interface fire area. 6. Other areas or locations as specified by the fire code official. Ordinance No. FD 54 Page 47 of 57 P188 CHAPTER 49 REQUIREMENTS FOR WILDLAND-URBAN INTERFACE FIRE AREAS SECTION 4901 GENERAL 4901.1 Scope. The mitigation of conditions where a wildfire burning in vegetative fuels may readily transmit fire to buildings and threaten to destroy life, overwhelm fire suppression capabilities, or result in large property losses shall comply with this chapter and RCFPD Standard 49-1. Ordinance No. FD 54 Page 48 of 57 P189 CHAPTER 50 HAZARDOUS MATERIALS — GENERAL PROVISIONS SECTION 5001 GENERAL 5001.5 Permits. Permits shall be required as set forth in Sections 105.6 and 105.7. Permittees shall apply for approval to permanently close a storage, use, or handling facility. Such application shall be submitted at least 30 days prior to the termination of the storage, use, or handling of hazardous materials. Such application shall be accompanied by an approved facility closure plan in accordance with Section 5001.6.3. The 30-day period is not applicable when approved based on special circumstances requiring such waiver. Ordinance No. FD 54 Page 49 of 57 P190 CHAPTER 56 (2012 INTERNATIONAL FIRE CODE) EXPLOSIVES AND FIREWORKS Chapter 56, as set forth in the 2013 California Fire Code, is deleted and replaced by Chapter 56, in its entirety, of the 2012 International Fire Code, subject to the following amendments: SECTION 5601 GENERAL 5601.1.1 Explosive material standard. In addition to the requirements of this chapter, NFPA 495 and Title 19 CCR, Chapter 10 shall govern the manufacture, transportation, storage, sale, handling and use of explosive materials. 5601.1.3 Fireworks. The possession, manufacture, storage, retail display, sale, handling, and use of fireworks, including Safe and Sane, are prohibited. Exceptions: 1. Storage and handling of fireworks as allowed in Section 5604 and Title 19 CCR, Chapter 6. 2. Manufacture, assembly, and testing of fireworks as allowed in Section 5605 and Title 19 CCR, Chapter 6. 3. The use of fireworks for display as allowed in Section 5608 and Title 19 CCR, Chapter 6. 4. The possession, storage, sale, handling, and use of specific types of Division 1.4G fireworks where authorized by a permit issued by the fire code official in accordance with applicable laws, ordinances, and regulations, provided such fireworks comply with Title 19 CCR, Chapter 6; CPSC 16 CFR, Parts 1500 and 1507; and DOTn 49 CFR, Parts 100-185, for consumer fireworks. 5601.1.4 Rocketry. The storage, handling and use of model and high-power rockets shall comply with the requirements of NFPA 1122, NFPA 1125, and NFPA 1127, Title 19 CCR Chapter 6, and RCFPD Standard 56-1. 5601.1.5 Ammonium nitrate. The storage and handling of ammonium nitrate shall comply with the requirements of NFPA 490, Chapter 63, and Title 19 CCR, Chapter 10. Exception: Storage of ammonium nitrate in magazines with blasting agents shall comply with the requirements of NFPA 495 and Title 19 CCR, Chapter 10. 5601.7 Seizure. The fire code official is authorized to remove or cause to be removed or disposed of in an approved manner, at the expense of the owner, explosives, explosive materials or fireworks offered or exposed for sale, stored, possessed or used in violation of this chapter, local ordinances, and Title 19 CCR, Chapter 6. Any seizure or removal pursuant to this section shall be in compliance with all applicable regulations, statutes, and laws. SECTION 5608 FIREWORKS DISPLAY 5608.11 Firing. All aerial fireworks displays shall be electrically fired. Ordinance No. FD 54 Page 50 of 57 P191 CHAPTER 57 FLAMMABLE AND COMBUSTIBLE LIQUIDS SECTION 5704 STORAGE 5704.2.7.6 Repair, alteration or reconstruction of tanks and piping. The repair, alteration or reconstruction, including welding, cutting and hot tapping of storage tanks and piping that have been placed in service, shall be in accordance with NFPA 30 and RCFPD Standard 57-1. 5704.2.13 Abandonment and status of tanks. Tanks taken out of service shall be removed in accordance with Section 5704.2.14 and RCFPD Standard 57-1, or safeguarded in accordance with Sections 5704.2.13.1 through 5704.2.13.2.3, API 1604. 5704.2.14 Removal and disposal of tanks. Removal and disposal of tanks shall comply with Sections 5704.2.14.1 and 5704.2.14.2 and RCFPD Standard 57-1. 5704.3.3.9 Idle combustible pallets. Storage of empty or idle combustible pallets inside an unprotected liquid storage area shall be limited to a maximum pile size of 500 square feet and to a maximum storage height of 6 feet. Storage of empty or idle combustible pallets inside a protected liquid storage area shall comply with NFPA 13 and NFPA 230. Pallet storage shall be separated from liquid storage by aisles that are at least 8 feet wide. Ordinance No. FD 54 Page 51 of 57 P192 CHAPTER 61 LIQUEFIED PETROLEUM GASES SECTION 6104 LOCATION OF LP-GAS CONTAINERS 6104.2 Maximum capacity within established limits. Within the limits established by law restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested areas, the aggregate capacity of any one installation shall not exceed a water capacity of 2,000 gallons in any location determined by the fire code official to create an unacceptable hazard to persons and/or property. Exception: In particular installations, this capacity limit shall be determined and may be reduced by the fire code official, after consideration of special features such as topographical conditions, nature of occupancy, and proximity to buildings, capacity of proposed containers, degree of fire protection to be provided, and capabilities of the local fire department. SECTION 6107 SAFETY PRECAUTIONS AND DEVICES 6107.5 Container orientation. Containers in multiple-container stationary installations and containers in storage shall be oriented with relation to one another such that the length axes of the containers are parallel. Exception: Portable containers. Ordinance No. FD 54 Page 52 of 57 P193 CHAPTER 80 REFERENCED STANDARDS ICC Standard Referenced reference in code number Title section number IFC-12* 2012 International Fire Code Chapter 56 +In addition to specific references in this code,the 2012 International Fire Code is a nationally recognized fire safety standard approved by the fire code official pursuant to Section 102.8. NFPA Standard Referenced reference in code number Title section number 96-14 Standard for Ventilation Control and Fire 609, 904.2.1 Protection of Commercial Cooking Operations Standards of the Rancho Cucamonga Fire Protection District Number Standard Title 4-1 Carnivals, Fairs,and Outdoor Public Assemblages 4-2 Exhibits and Tradeshows 4-3 Special Amusement Buildings 4-4 Pumpkin and Christmas Tree Seasonal Sales Lots 4-5 Fire Emergency Guide for Multi-Family Dwellings 5-1 Fire Apparatus Access Roads 5-2 Permanent Alternative Material All-Weather Fire Apparatus Access Road 5-3 Residential Vehicular Gates 5-4 Commercial&Industrial Vehicular Gates 5-5 Identification of Access Doors in Commercial/Industrial Buildings 5-6 Roof Access 5-7 Multi-Family Residential Building Addressing Standard 5-8 Commercial/Industrial Building Addressing Standard 5-9 Knox Box Installation 5-10 Fire Protection Water Supply Systems 5-11 Site Plan Criteria 8-1 Schools and Classrooms 9-1 Partial Fire Protection Systems 9-2 Systems Out of Service-Fire Watch& Impairment Coordinator " 9-3 Fire Alarm and Monitoring Systems 9-4 Alarm Signal Verification 23-1 Residential Fueling Operations—Compressed Natural Gas(CNG) 33-1 Release of Construction Permits 33-2 Temporary Fire Apparatus Access Roads and Hydrants 35-1 Hot Work • 49-1 Wildland-Urban Interface Fire Area 56-1 Model Rockets 57-1 Hazardous Materials Tank Abandonment and Removal Ordinance No. FD 54 Page 53 of 57 P194 APPENDIX A BOARD OF APPEALS A101.2 Membership. The membership of the board shall consist of five voting members having the qualifications established by this section. Members shall be nominated by the fire code official or the chief administrative officer of the District subject to confirmation in accordance with the policies of the City of Rancho Cucamonga. Members shall serve without remuneration or compensation and shall be removed from office prior to the end of their appointed terms only for cause. The fire code official shall be an ex officio member of said board but shall have no vote on any matter before the board except for the removal of a board member in accordance with Section A101.3. Where there is a practical difficulty with impaneling a board with the members outlined herein, the make up of the board may be altered in accordance with a plan agreed to by the fire code official and the appellant. A101.3 Terms of office. Members shall be appointed to hear and rule on a specific appeal. The term of office shall be for the duration of the appeal process for a specific appeal. Upon completion of all required duties for said appeal, the board shall automatically be dissolved. A101.3.1 Initial appointments. Deleted A101.3.2 Vacancies. Vacancies shall be filled in the manner in which original appointments are required to be made. A101.3.3 Removal from office. Members shall be removed from the board prior to the end of the appeal process only for cause. Continued absence of any member from regular meetings of the board shall, at the discretion of a majority of the membership of the board, render any such member ineligible for continued service on the board. A101.7 Meetings. The board shall be established and convene its first meeting within 30 days after notice of appeal has been received. A101.8 Conflict of interest. Members with a material or financial interest in a matter under appeal shall not be eligible to serve on the board. Appointees to the board who are found to have a material or financial interest in the matter before the board shall be immediately removed from the board for cause and shall be ineligible to serve on future boards. A101.10 Procedures. The board shall be operated in accordance with the California Code of Civil Procedure and may establish rules and regulations for its own procedure not inconsistent with the provisions of this code and applicable state law. A101.11 Decisions. All decisions and findings shall be rendered in writing to the appellant with a duplicate copy provided to the fire code official. A duplicate copy shall also be provided to the CDF Ranger Unit for San Bernardino County when applicable. Ordinance No. FD 54 Page 54 of 57 P195 • APPENDIX B FIRE-FLOW REQUIREMENTS FOR BUILDINGS SECTION B105 FIRE-FLOW REQUIREMENTS FOR BUILDINGS B105.1 One- and two-family dwellings. The minimum fire-flow requirements for one- and two- family dwellings having a fire-flow calculation area which does not exceed 3,600 square feet shall be 1,000 gallons per minute. Fire-flow and flow duration for dwellings having a fire-flow calculation area in excess of 3,600 square feet shall not be less than that specified in Table B 105.1. Exception: A reduction in required fire flow of 50 percent, as approved, is allowed when the building is provided with an approved automatic sprinkler system. The resulting fire-flow shall not be less than 1,000 gallons per minute for the prescribed duration as specified in Table B 105.1. B105.2 Buildings other than one- and two-family dwellings. The minimum fire-flow and flow duration for buildings other than one- and two-family dwellings shall be as specified in Table B 105.1. Exceptions: 1. A reduction in required fire-flow of up to 50 percent, as approved, is allowed when the building is provided with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2. The resulting fire-flow shall not be less than 1,500 gallons per minute (5678 L/min) for the prescribed duration as specified in Table B 105.1. 2. (Unchanged) • Ordinance No. FD 54 Page 55 of 57 P196 SECTION 5. Violation Penalties It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this Ordinance or the Codes adopted hereby. In addition to any other penalties set forth in this Ordinance, any person, firm, partnership, or corporation violating any provision of this Ordinance or the Codes adopted hereby or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any provision of this Ordinance or the Codes adopted hereby is committed, continued, or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefore as provided in this Ordinance. SECTION 6. Abatement of Nuisance The violation of any of the provisions of this Ordinance or the Codes adopted hereby shall constitute a nuisance and may be abated by the Board through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances. SECTION 7. Severability The Board hereby declares that should any provision, section, paragraph, sentence, or word of this Ordinance or the Code hereby adopted be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance and the Codes hereby adopted shall remain in full force and effect. SECTION 8. Rights Reserved Nothing in this ordinance or in the Fire Code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or any liability incurred, or any cause or causes of action, or any existing agreement under any ordinance hereby repealed as cited in Section 1 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired, or affected by this Ordinance. SECTION 9. Publication The Secretary of the District shall certify to the adoption of this ordinance and shall cause the same or a summary thereof to be published and posted as required by law. SECTION 10. Date of Effect This ordinance shall take effect at 12:01 a.m. on January 1, 2014. Ordinance No. FD 54 Page 56 of 57 P197 PASSED, APPROVED, AND ADOPTED this day of 2013. AYES: NOES: ABSENT: ABSTAINED: L. Dennis Michael, President ATTEST: Janice C. Reynolds, Secretary I, Janice C. Reynolds, Secretary of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Ordinance was introduced for first reading by the Board of Directors of the Rancho Cucamonga Fire Protection District at a regular meeting of said Board held on the day of , 2013, and was finally passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District at a regular meeting of said Board held on the day of , 2013. Executed this day of , 2013 at Rancho Cucamonga, California. Janice C. Reynolds, Secretary Ordinance No. FD 54 Page 57 of 57 �P198 STAFF REPORT - ' `Y BUILDING AND SAFETY SERVICES DEPARTMENT RANCHO Date: November 20, 2013 CUCAMONGA To: Mayor and Members of the City Council John Gillison, City Manager From: Trang Huynh, Building and Safety Services Director Subject: CONSIDERATION OF ADOPTION OF THE 2013 EDITION OF THE CALIFORNIA BUILDING CODES RECOMMENDATION It is recommended that the City Council hold the second reading of Ordinance Number 862 and conduct the public hearing precedent to the adoption of the 2013 California Building Codes, additionally, it shall be duly noted that Thursday, December 19, 2013, will be the last day a permit will be filed under current Code standards, the effective date of said Ordinance 862 will be, January 1, 2014. BACKGROUND The California Building Standards Commission recently adopted the 2013 Edition of the California Building Codes, which is also known as the California Code of Regulations, Title 24 (CCR, T-24). The 2013 California Building Codes include the California Building Code, the California Plumbing Code, the California Mechanical Code, the California Electrical Code, the California Residential Code and the California Green Building Code. The accompanying ordinance will bring all of the City's Building and Construction Regulations into compliance with the latest codes adopted by the California Building Standards Commission. Under State statute, specific referenced model codes must be adopted by the local jurisdictions within 180 days of the publication date of the model codes. The effective date for local enforcement of the new codes will be January 1, 2014. Additionally, any modifications made by local agencies to the technical regulations adopted by the California Building Standards Commission may only become effective if the local jurisdiction makes express findings of needs for changes due to local conditions. Further, these modifications must be directly related to local climatic, geological, or topographical conditions in the form of a Resolution, and must be filed directly with the Building Standards Commission after its adoption. ANALYSIS The 2013 California Building Codes are based on the International Building Code, 2012 Edition, International Residential Code, 2012 Edition, published by the International Code Council (ICC); California Green Building Code, 2013 Edition, published by a joint effort of different State agencies; the Uniform Plumbing and Mechanical Codes, 2012 Editions, published by the International Association of Plumbing and Mechanical Officials (IAMPO); and the National Electrical Code, 2011 Edition, published by the National Fire Protection Association (NFPA). During this code adoption cycle, the State adopted new requirements allowing the building and fire officials to require more locations for the building address number to be installed on the building to P199 CONSIDERATION OF ADOPTION OF THE 2013 EDITION OF THE CALIFORNIA PAGE 2 BUILDING CODES NOVEMBER 20,2013 facilitate emergency responses. The State also changed the entire chapter of disabled access code to meet the standards of the federal government's ADA laws so the State and Federal regulations on ADA are now consistent. New plumbing fixtures with much lower water flow rates were also adopted by the State as part of the water conservation goals. The State adopted the mandatory Class A fire retardant roofing materials for all structures located within the high risk fire zones. This new requirement of higher fire resistant roofing material has been enforced by us in this City through our code amendment process for many years, and it is, finally, in the State's adopted'codes at this time. Over the years, the City has adopted a number of technical amendments to the building codes because of the special local climatic, geological, and topographical conditions. All applicable past amendments are carried over into the new codes at this time. At the beginning of each Municipal code section shown in the Ordinance, there are tables of the code sections which identify the local amendments. It should be noted that the amendments to the administrative provisions and regulations, addressing elements of construction that are not. regulated by the California Building Standards Commission, do not need to meet the test of being necessary due to climatic, geological or topographical conditions. No new fees or changes to the current building permit fee structures are proposed as part of this building code adoption process. SUMMARY State law requires that we adopt certain model codes covered by the accompanying Ordinance. The building, mechanical, plumbing, electrical, green building and residential codes adopted as part of the Ordinance meet the responsibilities of State mandates. The adoption will bring our Building and Construction Regulations into compliance with the latest codes and provide for consistency with our neighboring jurisdictions. Respectfully submitted, / / Trang Huynh, P.E. Building and Safety Services Director TQH:vz Attachment: Ordinance No. 862 P200 ORDINANCE NO. 862 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTERS 15.04, 15.12, 15.14, 15.16, 15.20, 15.24 AND 15.26 OF TITLE 15, OF THE RANCHO CUCAMONGA MUNICIPAL CODE, AND ADOPTING BY REFERENCE THE 2013 CALIFORNIA BUILDING CODE, INCORPORATING THE "INTERNATIONAL BUILDING CODE, VOLUMES 1 AND 2", 2012 EDITION INCLUDING APPENDICES THERETO; 2013 CALIFORNIA RESIDENTIAL CODE, INCORPORATING THE "INTERNATIONAL RESIDENTIAL CODE" 2012 EDITION INCLUDING APPENDICES THERETO; THE 2013 CALIFORNIA MECHANICAL CODE, INCORPORATING THE "UNIFORM MECHANICAL CODE", 2012 EDITION; INCLUDING APPENDICES THERETO; THE 2013 CALIFORNIA PLUMBING CODE, INCORPORATING THE "UNIFORM PLUMBING CODE", 2012 EDITION, INCLUDING APPENDICES THERETO; THE 2013 CALIFORNIA ELECTRICAL CODE, INCORPORATING THE "NATIONAL ELECTRICAL CODE", 2011 EDITION, INCLUDING ANNEXES THERETO; 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE INCLUDING APPENDICES THERETO; TOGETHER WITH CERTAIN AMENDMENTS, DELETIONS, ADDITIONS, AND EXCEPTIONS. A. RECITALS. (i) Government Code Section 50022.1, et seq., authorizes the adoption by reference of the Codes specified in the title of the Ordinance. (ii) At least one copy of each of said Codes certified as full, true and correct by the City Clerk of the City of Rancho Cucamonga have been filed in the Office of the City Clerk in accordance with the provisions of Government Code Section 50022.6. (iii) A duly noticed public hearing, as required by California Government Code Section 50022.3, has been conducted and concluded prior to the adoption of this Ordinance. (iv) All legal prerequisites to the adoption of this ordinance have occurred. B. ORDINANCE. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga ordains as follows: SECTION 1: In all respects as set forth in the Recitals, Part A, of this • Ordinance. E:\Code Adoption/ORD.RCBUILDING CODE 2013 CITY ATTY FINAL DOC Ordinance No. 862 P201 Page 2 SECTION 2: Chapters 15.04, 15.12, 15.14, 15.16, 15.20, 15.24 and 15.26 of Title 15 of the Rancho Cucamonga Municipal Code, entitled Buildings and Construction, are hereby amended as provided for herein, provided that said amendments shall not apply to or excuse any violation thereof occurring prior to the effective date of this Ordinance and provided further that the provisions of Title 15 as exist prior to the adoption of this ordinance shall continue to be applicable to construction for which permits have been issued prior to the effective date of this Ordinance. SECTION 3: Chapter 15.04 of Title 15 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "CHAPTER 15.04 CODES ADOPTION Section: 15.04.010 Codes adoption. 15.04.010 Codes adoption. The 2013 California Building Code, incorporating the "International Building Code, Volumes 1 and 2", 2012 Edition, including all appendices thereto; the 2013 California Residential Code, incorporating the "International Residential Code", 2012 Edition, including all appendices thereto; the 2013 California Mechanical Code, incorporating the "Uniform Mechanical Code", 2012 Edition; including all appendices thereto; the 2013 California Plumbing Code, incorporating the "Uniform Plumbing Code", 2012 Edition, including all appendices thereto; the 2013 California Electrical Code, incorporating the " National Electrical Code ", 2011 Edition; including all annexes thereto; and the 2013 California Green Building Standards Code; are hereby adopted by reference in their entirety and amended in Chapters 15.12, 15.14, 15.16, 15.20, 15.24, and 15.26 herein, and the same, together with the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, and the Uniform Housing Code, 1997 Edition, shall comprise the Building and Construction Regulations of the City of Rancho Cucamonga." SECTION 4: Chapter 15.12 of Title 15 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "CHAPTER 15.12 E:\Code Adoption/ORD.RCBUILDING CODE 2013 CITY A'TY FINAL DOC Ordinance No. 862 P202 Page 3 BUILDING CODE Sections: 15.12.005 Section [A]101.4 of Chapter 1, Division II amended — Referenced Codes. 15.12.010 Section [A]105.2 of Chapter 1, Division II amended — Work exempt from permit. 15.12.015 Section [A]105.3 of Chapter 1, Division II amended — Application for permit. 15.12.020 Sections [A]113.1 and [A]113.3 of Chapter 1, Division II amended — Board of appeals. 15.12.030 Sections [A]114.1 and [A]114.2 of Chapter 1, Division II amended —Violations 15.12.040 Section 903 amended — Fire protection systems. 15.12.050 Table 1505.1 amended — Minimum roof covering classification. 15.12.060 Section 1609.3 amended — Basic wind speed. 15.12.070 Appendix chapter deleted. 15.12.080 Section J101.1 of Appendix J amended — Scope. 15.12.090 Section J101 of Appendix J amended — Special requirements for hazardous conditions. 15.12.100 Section J103.2 of Appendix J amended — Exemptions. 15.12.110 Section J104 of Appendix J amended — Permit application and submittal. 15.12.120 Section J105.1 of Appendix J amended — General 15.12.130 Section J109.4 of Appendix J amended — Drainage across property lines. 15.12.140 Section J110 of Appendix J amended — Temporary erosion control during grading. 15.12.150 Section J113 of Appendix J added — Protection of adjacent property. E:\Code Adoption/ORD.RCBUILDING CODE 2013 CITY ATTY FINAL DOC Ordinance No. 862 P203 Page 4 15.12.160 Section J114 of Appendix J added — Dust control. 15.12.005 Section [A]101.4 of Chapter 1, Division II Amended — Referenced codes. Sections [A]101.4.1, [A]101.4.2, [A)101.4.3, [A]101.4.4 are deleted. 15.12.010 Section [A]105.2 of Chapter 1, Division II Amended - Work exempt from permit. Section [A]105.2 of the Building Code is hereby amended by amending items 1 and 2, and adding a new item 14, to read as follows: 1. One-story detached accessory structure used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet and 8 feet in maximum height as long as the structure is not located in required setbacks as determined by the Planning Department. 2. Wood, chain-link, plastic, metal or similar fences not over 6 feet in height or masonry, concrete fence not over 3 feet in height above the lowest adjacent grade unless supporting a surcharge or impounding class I, II or III-A liquids. 14. Flag pole not to exceed 20 feet in height above ground in a residential lot 15.12.015 Section [A]105.3 of Chapter 1, Division II Amended —Application for permit. Section [A]105.3.3 is hereby added to read as follows: 105.3.3 Qualification of permittee. No person shall be issued a permit under this Chapter until a valid California Contractor's License of the correct classification is presented to the Building Official. Exception: Owner-builder permit may be issued for Group R, Division 3, or Group U occupancy and the permitted work including labor and material cost of $500 or less for all other occupancy groups with the approval of the Building Official. 15.12.020 Section [A]113.1 and [A]113.3 of Chapter 1, Division II amended — Board of appeals. Sections [A]113.1 and [A]113.3 of Chapter 1, Division II are hereby amended to read as follows: [A]113.1 General. In order to hear and decide appeals of orders, decisions or determination made by the Building and Safety Services Director relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals consisting of 3 members and 2 alternates who are qualified by experience and training to pass on matters pertaining to building construction E:\Code AdoptionIORD.RCI3UILDING CODE 2013 CITY ATTY FINAL DOC • Ordinance No. 862 P204 Page 5 and who are not employees of the jurisdiction. The Building and Safety Services Director shall be an ex officio member of and shall act as Secretary to said Board but shall have no vote on any matter before the Board. The Board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building and Safety Services Director. • [A]113.3 Qualifications. Deleted. 15.12.030 Section [A]114.1 and [A]114.2 of Chapter 1, Division II amended —Violations Sections [A]114.1 and [A]114.2 of Chapter 1, Division II is hereby amended to read as follows: [AJ114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish, occupy or maintain any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. [A]114.2 Notice of violation. The Building and Safety Services Director is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving removal, demolition, maintaining or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. 15.12.040 Section 903 Amended — Fire protection systems. Amendments to Section 903 shall be those amendments adopted by the City for Section 903 of the California Fire Code—Automatic Sprinkler Systems, all of which are incorporated by reference herein. 15.12.050 Table 1505.1 Amended — Minimum roof covering classification Table 1505.1 is hereby amended to read as follows: Table 1505.1 Minimum Roof Covering Classification for different types of construction for new buildings, re-roofs or additions. IA IB IIA IIB IIIA IIIB IV VA VB A A A A A A B* B* B* *See Section 1505.1.1 for Class A Roof Coverings in Very-High Fire Hazard Severity E:\Code Adoption/ORD.RCBUILDING CODE 2013 city Y ATTY FINAL DOC Ordinance No. 862 P205 Page 6 15.12.060 Section 1609.3 amended — Basic wind speed. Section 1609.3 is hereby amended to by adding a sentence at the end of the section to read as follows: For areas north of Banyan Street, new structures shall be designed for a minimum wind speed Vfm of 85 miles per hour and Vas of 100 miles per hour 15.12.070 Appendix chapters deleted. Appendices chapters A, B, C, D, F, H, K in the Building Code are hereby deleted. 15.12.080 Section J101.1 of Appendix J amended - Scope J101.1 Scope. The provisions of this chapter apply to grading, excavation and earthwork construction, including fills and embankments. Where conflicts occur between the technical requirements of this chapter and the geotechnical report, the geotechnical report shall govern. In addition, the designs of the work as described above need to meet the recognized and accepted civil and geotechnical engineering practices and principles. 15.12.090 Section J 101 of Appendix J amended — Special requirements for hazardous conditions. Section J101.3 is hereby added to read as follows: J101.3 Special requirements for hazardous conditions. Whenever the Building and Safety Services Director determines that any existing excavation or embankment or fill on private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the Building and Safety Services Director, shall within the period specified therein repair or eliminate such excavation or embankment to eliminate the hazard and to be in conformance with the • requirements of this code. 15.12.100 Section J103.2 of Appendix J - amended — Exemptions. Section J 103.2 is hereby amended to read as follows: J103.2 Exemptions: A grading permit is not required for the following: 1. When approved by the Building and Safety Services Director, grading in an isolated, self-contained area if there is no danger to private or public property. E:\Code Adoption/ORD.RCBUILDING CODE 2013 CITY ATTY FINAL DOC • Ordinance No. 862 P206 Page 7 2. An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than 5 feet (1524mm) after the completion of such structure. 3. Cemetery graves. 4. Refuse disposal sites controlled by other regulations. 5. Excavations for wells or tunnels or utilities. 6. Mining, quarrying, excavating, processing or stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property. 7. Exploratory excavations under the direction of soil engineers or engineering geologists. 8. An excavation that (1) is less than 2 feet (610mm) in depth or (2) does not create a cut slope greater than 5 feet (1524mm) in height and steeper than 1 unit vertical in 2 units horizontal. 9. A fill less than 1 foot (305mm) in depth and placed on natural terrain with a slope flatter than 1 unit vertical in 5 units horizontal (20% slope), or a cut less than 3 feet (914mm) in depth, not intended to support structures, or does not exceed 50 cubic yards (38.3m) on any one lot and does not obstruct a drainage course. Exemption from the permit requirements of this Appendix shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this chapter or any other laws or ordinances of this jurisdiction. 15.12.110 Section J104 of Appendix J amended — Permit application and submittal. Sections J104.5 and J104.6 are hereby added to read as follows: J104.5 Plan Information. In addition to the requirements in Section J104.2, the permittee shall provide other technical information as required by the Building and ' Safety department's hand-outs policies and standards. J104.6 As-built plans. The permittee shall provide a copy of as-built plans to the City for a permanent record at the end of the approved grading work. 15.12.120 Section J105.1 of Appendix J amended —General Section J105.1 is hereby amended to read as follows: B:\Cade Adoption/ORD.RCBUILDING CODE 2013 CITY ATTY FINAL DOC Ordinance No. 862 P207 Page 8 J105.1 General. Inspections shall be governed by Section 110, Chapter 1, Division II of this code and requirements established, by approved policies and procedures of the Building and Safety department. An engineer shall provide grading inspections and certifications for the work. 15.12.130 Section J109.4 of Appendix J amended — Drainage across property lines. Section J109.4 is amended by adding the following to the end section as follows: For Single Family Lot Drainage 1. Whenever possible, drainage from single family lots shall flow directly to a street. 2. If it should be determined necessary to allow offside drainage to flow through a single family lot (to preserve down lot views, esthetics, accept flow from offsite property, etc.), the following shall apply: a. Drainage from only one lot shall flow through only one other lot. b. A drainage easement shall be provided/obtained over the lot accepting the drainage. c. The drainage shall be contained within either a concrete/rock lined swale or a reinforced concrete pipe. d. The drainage facility shall be designed with excess capacity to account for the probable lack of necessary maintenance. Therefore, it shall be designed to convey two times the runoff from a 100 year storm with the minimum diameter for a pipe being 12 inches. 15.12.140 Section J110 of Appendix J amended — Temporary erosion control during grading. Section J110.3 is hereby added to read as follows: J110.3 Temporary erosion control during grading work. The permittee shall put into effect and maintain all precautionary measures necessary to protect adjacent watercourses and public or private property from damage by erosion, flooding, and deposition of mud or debris origination from the site during the grading operation regardless of lot size. 15.12.150 Section J113 of Appendix J added — Protection of adjacent property. E:\Code Adoption/ORD,RCBUILDING CODE 2013 CITY ATTY FINAL DOC Ordinance No. 862 P208 Page 9 Section J113 is hereby added to read as follows: J113 Protection of Adjacent Property. During grading operations, the permittee shall be responsible for the prevention of damage to adjacent property and no person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, a sidewalk, alley, or other public or private property without supporting and protecting such property from settling, cracking, or other damage which might result. 15.12.160 Section J114 of Appendix J added — Dust control. Section J114 is hereby added to read as follows: J114 Dust Control. The owner of the site or the project contractor shall put into effect and maintain all precautionary measures necessary to prevent dust blowing from the site to adjacent properties. Prior to the permit issuance, dust control sign and required contact information as required by the department's policy shall be installed at the site." SECTION 5: Chapter 15.14 of Title 15 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "CHAPTER 15.14 RESIDENTIAL CODE Sections: 15.14.010 Section R105.2 of Chapter 1, Division II amended — Work exempt from permit. 15.14.020 Section 1.8.8 of Chapter 1, Division I amended — Board of appeals. 15.14.030 Section R113.1 and R113.2 of Chapter 1, Division II amended Violations. 15.14.040 Section R301.2.1 amended —Wind design criteria. 15.14.050 Section R401.4.1 amended — Geotechnical evaluation. 15.14.060 Section R902.1 amended — Roofing covering materials. 15.14.070 Appendices deleted. 15.14.080 Section AG105.2.1 of Appendix G amended - Barrier requirements E:\Code Adoption/ORDRCBUILDING CODE 2013 CITY ATTY FINAL DOC Ordinance No. 862 P209 Page 10 15.14.010 Section R105.2 of Chapter I, Division II amended —Work exempt from permit. Section R105.2 of the Residential Code is hereby amended by amending items 1 and 2 and adding a new item 11 and 12 to read as follows: 1. One-story detached accessory structure used as tool and storage sheds playhouses and similar uses, provided the floor area does not exceed 120 square feet and 8 feet in maximum height as long as the structure is not located in required setbacks as determined by the Planning Department. 2. Wood, chain-link, plastic, metal or similar fences not over 6 feet in height or masonry, concrete fence not over 3 feet in height above the lowest adjacent grade unless supporting a surcharge or impounding class I, II or III-A liquids 11. Flag pole not to exceed 20 feet in height above ground in a residential lot. 12. Non fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches in height. 15.14.020 Section 1.8.8 of Chapter 1, Division I amended — Board of appeals. Section 1.8.8 of Chapter 1, Division I is hereby amended to read as follows: 1.8.8.1 General. In order to hear and decide appeals of orders, decisions or determination made by the Building and Safety Services Director relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals consisting of 3 members and 2 alternates who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the jurisdiction. The Building and Safety Services Director shall be an ex officio member of and shall act as Secretary to said Board but shall have no vote on any matter before the Board. The Board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building and 'Safety Services Director. 15.14.030 Sections R113.1 and R113.2 of Chapter I, Division II —amended —Violations. Sections R113.1 and R113.2 of Chapter 1, Division II are hereby amended to read as follows: R113.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish, occupy or maintain any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. R113.2 Notice of violation. The Building and Safety Services Director is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving removal demolition, maintaining or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this E:\Code Adoption/ORD.RCBUILDING CODE 2013 CITY ATTY FINAL DOC Ordinance No. 862 P21 Page 11 code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. 15.14.040 Section R301.2.1 Amended —Wind design criteria. Section R301.2.1 is hereby amended to by adding a sentence at the end of the section to read as follows: For areas north of Banyan Street, new structures shall be designed for a minimum wind Speed Vfm of 85 miles per hour and Vas of 100 miles per hour with exposure C. 15.14.050 Section R401.4.1 Amended —Geotechnical evaluation. Section R401.4.1 is hereby amended to by adding a sentence at the end of the section to read as follows: A geotechnical or soil report is required for the new construction or when an addition is more than 50% of the existing floor area. 15.14.060 Section R902.1 Amended - Roofing covering materials. Section R902.1 is hereby amended to read as follows: Roofs shall be covered with materials as set forth in Sections R904 and R905. A minimum Class A or B roofing shall be installed in areas designated by this section. Classes A or B roofing required by this section to be listed shall be tested in accordance with UL 790 or ASTM E 108. Minimum Roof Covering Classification for different types of construction for new buildings, re roofs or additions except for the construction of roofs in very High Fire Hazard Zones. IA IB - IIA IIB IIIA IIIB IV VA VB A A A A A A B* B* B* *See Section 902.1.1 for Class A Roof Coverings in Very-High Fire Hazard Severity Except as revised above, all provisions of Section R902 remain unchanged. 15.14.070 Appendices deleted. Appendices A,B,C,D,E,F,I,K,L,M,N,O,P,Q of the California Residential Code are hereby deleted. 15.14.080 Section AG105.2 of Appendix G amended — Barrier requirements. Section AG105.2 of Appendix G is hereby amended by replacing "48 inches" in the first sentence of Item 1, with "60 inches." E:\Code Adoption/ORD.RCBUILDING CODE 2013 CITY ATTY FINAL DOC Ordinance No. 862 P211 Page 12 SECTION 6: Chapter 15.16 of Title 15 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "CHAPTER 15.16 MECHANICAL CODE Sections: 15.16.010 Section 108.1 of Chapter 1, Division II amended — General. 15.16.015 Section 113.0 of Chapter 1, Division II amended — Permit • issuance 15.16.020 Section 114.2 of Chapter 1, Division II amended - Permit fees. 15.16.030 Section 114.3 of Chapter 1, Division II amended - Plan review fees. 15.16.040 Table 114.1 of Chapter 1, Division II deleted — Mechanical permit fees. 15.16.010 Section 108.1 of Chapter 1, Division II amended - General. Section 108.1 of the Mechanical Code is hereby amended to read as follows: 108.1 General. In order to hear and decide appeals of orders, decisions or determination made by the Building and Safety Services Director relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals consisting of 3 members and 2 alternates who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the jurisdiction. The Building and Safety Services Director shall be an ex officio member of and shall act as Secretary to said Board but shall have no vote on any matter before the Board. The Board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building and Safety Services Director. 15.16.015 Section 113.0 of Chapter 1, Division II amended — Permit issuance • Section 113.6 is hereby added to read as follows: 113.6 Qualification of permittee. No person shall be issued a permit under this Chapter until a valid California Contractor's License of the correct classification is presented to the Building Official. Exception: Owner-builder permit may be issued for Group R, Division 3, or Group E:\Code Adoption/ORD.RCBUILDING CODE 2013 CITY ATTY FINAL DOC Ordinance No. 862 P212 Page 13 U occupancy and the permitted work including labor and material cost of $500 or less for all other occupancy groups with the approval of the Building Official. 15.16.020 Section 114.2 of Chapter 1, Division II amended - Permit fees. • Section 114.2 of the Mechanical Code is hereby amended to read as follows: 114.2 Permit Fees. The fee for each permit shall be as established by Resolution of the City Council. 15.16.030 Section 114.3 of Chapter 1, Division II amended - Plan review fees. Section 114.3 of the Mechanical Code is hereby amended to read as follows: 114.3 Plan Review Fees. When Section 114.2 requires submittal documents, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be as set forth by Resolution of the City Council. Where plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged. 15.16.040 Table 114.1 Deleted - Mechanical permit fees. Table 114.1 of the Mechanical Code is hereby deleted." SECTION 7: Chapter 15.20 of Title 15 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "CHAPTER 15.20 PLUMBING CODE Sections: 15.20.010 Section 102.3 of Chapter 1, Division II amended — Board of appeals 15.20.015 Section 103.0 of Chapter 1, Division II amended — Permits and inspections 15.20.020 Section 103.4 amended - Permit fees. 15.20.030 Section 103.4.1 amended - Plan review fees. E:\Code Adoption/ORD.RCBUILDING CODE 2013 CITY ATTY FINAL DOC Ordinance No. 862 P213 Page 14 15.20.040 Table 103.4 deleted - Plumbing permit fees. 15.20.050 Appendix Chapter deleted. 15.20.060 Section 609.3.1 added — Copper tubing. 15.20.070 Section 701.1 amended —ABS and PVC materials. 15.20.080 Section 701.1 amended —ABS and PVC materials for residential construction 15.20.010 Section 102.3 of Chapter 1, Division II amended — Board of appeals Section 102.3 is hereby amended to read as follows: 102.3. Board of appeals In order to hear and decide appeals of orders, decisions or determination made by the Building and Safety Services Director relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals consisting of 3 members and 2 alternates who are qualified by experience and training to pass upon matters pertaining to building construction and who are not employees of the jurisdiction. The Building and Safety Services Director shall be an ex officio member of and shall act as Secretary to said Board but shall have no vote on any matter before the Board. The Board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building and Safety Director. 15.20.015 Section 103.0 of Chapter 1, Division II amended — Permits and inspections Section 103.3.5 is hereby added to read as follows: 103.3.5 Qualification of permittee. No person shall be issued a permit under this Chapter until a valid California Contractor's License of the correct classification is presented to the Building Official. • Exception: Owner-builder permit may be issued for Group R, Division 3, or Group U occupancy and the permitted work including labor and material cost of$500 or less for all other occupancy groups with the approval of the Building Official. 15.20.020 Section 103.4 amended - Permit fees. Section 103.4 is hereby amended to read as follows: 103.4 Permit Fees. E:\Code Adoption/ORD.RCBUILDING CODE 2013 CITY ATTY FINAL DOC Ordinance No. 862 P214 Page 15 The fee for each permit shall be as established by Resolution of the City Council. 15.20.030 Section 103.4.1 amended - Plan review fees. Section 103.4.1 is hereby amended to read as follows: 103.4.1 Plan Review Fees. When a plan or other data is required to be submitted by 103.2.1, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be as set forth by Resolution of the City Council. Where plans are incomplete or changed so as to require additional review, an additional review fee shall be charged. 15.20.040 Table 103.4 deleted - Plumbing permit fees. Table 103.4 is hereby deleted. 15.20.050 Appendix Chapter deleted. Appendix L of the California Plumbing Code is hereby deleted. 15.20.060 Section 609.3.1 added —Copper tubing. Section 609.3.1 is hereby added to read as follows: 609.3.1 Copper tubing serving plumbing fixtures within dwelling unit kitchen islands shall be installed without joints and the installation shall satisfy the following requirements. (1) The copper tubing shall be installed within a watertight continuous sleeve that prevents direct contact between the copper tubing and underslab soils. (2) During construction the protective sleeve shall be capped at both ends until the copper tubing is installed and released for service. 15.20.070 Section 701.1 amended —ABS and PVC materials. A sentence is added to the end of Section 701.1 to read as follows: ABS and PVC materials shall not be used in fire-resistive buildings. Non- combustible material such as cast iron must be used. 15.20.080 Section 701.1 Amended — ABS and PVC materials for residential construction. E:\Code Adoption/ORD.RCI3UILDING CODE 2013 CITY ATTY FINAL DOC Ordinance No. 862 P215 Page 16 A sentence is added to the end of Section 701.1 to read as follows: For buildings or the portion of a building with three stories or more, non- combustible material such as cast iron material shall be used for the entire building or portion of three stories or more." SECTION 8: Chapter 15.24 of Title 15 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "CHAPTER 15.24 ELECTRICAL CODE Sections: 15.24.010 Section 80.15 of Annex H amended — Board of appeals. 15.24.020 Section 80.19 amended — Permits and approvals 15.24.010 Section 80.15 of Annex H amended — Board of appeals. Section 80.15 Annex H is hereby amended to read as follows: 80.15. Board of appeals. In order to hear and decide appeals of orders, decisions or determination made by the Building and Safety Services Director relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals consisting of 3 members and 2 alternates who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the jurisdiction. The Building and Safety Services Director shall be an ex officio member of and shall act as Secretary to said Board but shall have no vote on any matter before the Board. The Board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building and Safety Services Director." 15.24.019 Section 80.19 of Annex H amended — Permits and approvals Section 80.19 (I) of Annex H is hereby added to read as follows: • 80.19(1) Qualification of permittee. No person shall be issued a permit under this Chapter until a valid California Contractor's License of the correct classification • is presented to the Building Official. Exception: Owner-builder permit may be issued for Group R, Division 3, or Group U occupancy and the permitted work including labor and material cost of $500 or less for all other occupancy groups with the approval of the Building Official. E:\Code Adoption/ORD.RCBUILDING CODE 2013 CITY ATTY FINAL DOC Ordinance No. 862 P216 Page 17 SECTION 9: Chapter 15.26 of Title 15 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "CHAPTER 15.26 GREEN BUILDING STANDARDS CODE Sections: 15.26.010 [Reserved for future amendments.] 15.26.010 Section [Reserved for future amendments.]" SECTION 10: Penalties. It shall be unlawful for any person, firm partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this Ordinance or the Codes adopted hereby. Any person, firm, partnership, or corporation violating any provision of this Ordinance or the Codes adopted hereby or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,00000) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each person, firm, partnership or corporation shall be deemed guilty of separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Ordinance or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefore as provided in this Ordinance. SECTION 11: Civil remedies available. The violation of any of the provisions of this Ordinance or the Codes adopted hereby shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. SECTION 12: Severability. The City Council hereby declares that should any provision, section, paragraph, sentence or word of this Ordinance or the Code hereby adopted be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance and the Codes hereby adopted shall remain in full force and effect. • SECTION 13: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage E:\Code Adoption/ORD.RCL3DILDING CODE 2013 CITY ATTY FINAL DOC Ordinance No. 862 P217 Page 18 at least once in The Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, AND ADOPTED this_ day of , 2013. AYES: E:\Code Adoption/ORD.RCI3UILDING CODE 2013 CITY ATTY FINAL DOC • Ordinance No. Page 19 P218 NOES: • ABSENT: ABSTAINED: Dennis Michaels, Mayor ATTEST: • Janice C. Reynolds, CMC, City Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the _day of , 2013 and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the _day of , 2013. Executed this day of , 2013 at Rancho Cucamonga, California. Janice C. Reynolds, CMC, City Clerk • E:\Code Adoption/ORD.RCBUILDING CODE 2013 CITY ATTY FINAL DOC P219 STAFF REPORT ''-'"-'; -A BUILDING AND SAFETY SERVICES DEPARTMENT -' l RANCHO Date: November 20, 2013 CUCAMONGA To: Mayor and Members of the City Council John Gillison, City Manager From: Trang Huynh, Building and Safety Services Director Subject: APPROVAL OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SETTING FORTH FINDINGS WITH RESPECT TO LOCAL CONDTIONS WITHIN THE CITY OF RANCHO CUCAMONGA WHICH MAKE CERTAIN MODIFICATIONS AND CHANGES TO THE 2013 EDITION OF THE CALIFORNIA BUILDING CODE, THE CALIFORNIA RESIDENTIAL CODE, THE CALIFORNIA PLUMBING CODE, THE CALIFORNIA MECHANICAL CODE, AND THE CALIFORNIA ELECTRICAL CODE NECESSARY. RECOMMENDATON: It is recommended that the City Council approve the attached Resolution of Findings with respect to local conditions which make certain modifications and changes to the 2013 Edition of the California Building Standards Code necessary. BACKGROUND: The City is in the process of adopting the California Building Standards Code which includes the 2013 Edition of California Building Code, California Residential Code, California Plumbing Code, California Mechanical Code, California Electrical Code and some code amendments to these codes. Health and Safety Code Section 17958.7(a) permits the City to make modifications or changes to the California Building Standards Code which are reasonably necessary because of the local climatic, geographic and topographic conditions. In addition, Health and Safety Code Section 17958.7 also requires that the City, before making any modifications or changes to the California Building Standards Code, shall make express findings that such changes or modifications are necessary. The attached Resolution addresses the findings for the technical amendments which the department is proposing at this time. It should be noted that the amendments to the administrative provisions and regulations do not need to meet the test of being necessary due to climatic, geographic and topographic conditions. The approved Resolution together with the Ordinance 862 adopting the California Building Standards Code as amended will be filed with the California Department of Housing and Community Development and the California Building Standards Commission by the City Clerk of the City of Rancho Cucamonga. Respectfully sy� fitted r� tuyn/h,,P ��%�� Building and Safety Services Director Attachment: Resolution 013- P220 RESOLUTION NO. 13-197 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SETTING FORTH FINDINGS WITH RESPECT TO LOCAL CONDITIONS WITHIN THE CITY OF RANCHO CUAMONGA WHICH MAKE CERTAIN MODIFICATIONS AND CHANGES TO THE 2013 EDITION OF THE CALIFORNIA BUILDING CODE, THE CALIFORNIA RESIDENTIAL CODE, THE CALIFORNIA PLUMBING CODE, THE CALIFORNIA MECHANICAL CODE, AND THE CALIFORNIA ELECTRICAL CODE NECESSARY. WHEREAS, Health and Safety Code Section 17958 provides that the City of Rancho Cucamonga shall adopt Ordinances and regulations imposing the same of modified or changed requirements as are contained in the regulations adopted by the State pursuant to Health and Safety Code Section 17722; and WHEREAS, the State of California is mandated by Health and Safety Code Section 17922 to impose the same requirements as are contained in the most recent edition of the California Building Code, the California Plumbing Code, the California Mechanical Code, and the California Electrical Code (hereinafter referred to collectively as "Codes"); and WHEREAS, Health and Safety Code Section 17598.7(a) permits the City to make modifications or changes to the Codes, which are reasonably necessary because of local climatic, geographic or topographic conditions; and WHEREAS, Health and Safety Code Section 17958.7 requires that the City Council, before making any modifications or changes to the Codes, shall make an express finding that such changes or modifications are reasonably necessary because of local climatic, geographic or topographic conditions; and NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: Section 1. The Building and Safety Services Department has recommended that changes and modifications be made to the Codes and have advised that certain said changes and modifications to the California Building Code, 2013 Edition, the California Residential Code, 2013 Edition, and the California Plumbing Code, 2013 Edition and the California Mechanical Code, 2013 Edition, the California Electrical Code, 2013 Edition, are reasonably necessary due to local conditions in the City of Rancho Cucamonga as described below: A. CLIMATIC CONDITIONS P221 1. Hot, dry Santa Ana winds are common to all areas within the City of Rancho Cucamonga and San Bernardino County in general. These winds, which can cause small fires which spread quickly, are a contributing factor to the high fire danger in the area, and create the need for an increased level of fire protection. This added protection will supplement normal fire department response available and provide immediate protection for life and safety of multiple occupancy occupants during fire occurrences. 2. San Bernardino County and the City of Rancho Cucamonga are located in a semi-arid Mediterranean type climate which predisposes all fuels to rapid ignition and spread of fire. Therefore, there exists a need for additional fire protection measures. B. GEOGRAPHIC CONDITIONS 1. San Bernardino County and the City of Rancho Cucamonga are located in a severe seismic zone. There are earthquake faults that run along the northern, eastern and southwestern boundaries of the County. The Cucamonga Fault and San Andreas Fault are the major earthquake faults lying on the northern part of the City. They can create major damages and pose one of the greatest hazards to lives and properties in the county. The San Jose Fault together with the Whittier Fault on the southwest location of the county and the San Jacinto Fault on the eastern part of the County can also create major earthquakes with tremendous damages. Experts predict a major earthquake might occur in our area within the next 50 years. This situation creates a need for additional fire, life, safety protection measures. 2. Traffic and circulation congestion presently existing in the City of Rancho Cucamonga often places fire department response time to fire occurrences at risk. This condition will be exacerbated by any major disaster, including any earthquake wherein damage to the highway system will occur. This condition makes the need for additional on-site protection for property occupants necessary. C. TOPOGRAPHIC CONDITIONS 1. The City is built on soil with high degrees of landslides, rockslides from the adjacent foothills and mountains. In addition, the majority of the City has steep hills and streets with great potential of flooding and erosion problems which inhibit fire fighting and rescuing capabilities. Amendments to the 2013 Editions of the California Codes as contained in City of Rancho Cucamonga Ordinance No.862 are found reasonably necessary based on the climatic geographic and/or topographic conditions cited above in this Resolution and are listed as follows: CODE SECTIONS FINDINGS P222 Building Code Section [A] 101.4, Chapter 1, Division II Administrative Section [A] 105.2, Chapter 1, Division II B-1, C-1 Section [A] 105.3, Chapter 1, Division II Administrative Section [A] 113.1 and [A] 113.3, Chapter 1, Division II Administrative Section [A] 114.1 and [A] 114.2, Chapter I, Division II Administrative Section 903 A-1, A-2, B-1, B-2, C-1 Table 1505.1 A-1, A-2, B-1, B-2, C-1 Section 1609.3 A-1, A-2, C-1 Appendix Chapters Deleted Administrative Section J101.1, Appendix J C-1 Section J101, Appendix J A-1, B-1, C-1 Section J103.2, Appendix J A-1, B-1, C-1 Section J104, Appendix J Administrative Section J105.1, Appendix J Administrative Section J109.4, Appendix J C-1 Section J110 Appendix J C-1 Section J113 Appendix J C-1 Section J114 Appendix J A-1, C-1 Residential Code Section R 105.2, Chapter 1, Division II B-1, C-1 Section 1.8.8, Chapter 1, Division I Administrative Section R113.1 and R113.2, Chapter I, Division II Administrative Section R301.2.1 A-1, A-2, C-1 Section R401.4.1 B-1, C-1 Section R902.1 A-1, A-2, B-1, B-2, C-1 Appendix Chapters Deleted Administrative Section AG 105.2, Appendix G B-2 Mechanical Code Section 108.1, Chapter 1, Division II Administrative Section 113.0, Chapter 1, Division II Administrative Section 114.2, Chapter 1, Division II Administrative Section 114.3, Chapter 1, Division II Administrative Table 114.1 Administrative Plumbing Code Section 102.3, Chapter 1, Division II Administrative Section 103.0, Chapter 1, Division II Administrative Section 103.4, Chapter 1, Division II Administrative Section 103.4.1, Chapter I, Division II Administrative Table 103.4 Administrative Appendix L Administrative Section 609.3.1 A-1,A-2, B-1, B-2 P223 Section 701.1 A-1, A-2, B-1, B-2 Section 701.1 A-1, A-2, B-1, B-2 Electrical Code Section 80.15 Annex H Administrative Section 80.19 Annex H Administrative Section 2. The City Clerk shall certify to the adoption of this Resolution and cause a certified copy of the same and Ordinance No.862 to be "forthwith transmitted to the California Building Standards Commission. PASSED, APPROVED AND ADOPTED this day of , 2013. AYES: NOES: ABSENT: ABSTAINED: L. Dennis Michael, Mayor ATTEST: Janice C. Reynolds, CMC, City Clerk I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the day of , 2013, and was finally adopted at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 2013. Executed this day of 2013, at Rancho Cucamonga, California. Janice C. Reynolds, CMC, City Clerk P224 STAFF REPORT th PLANNING DEPARTMENT Laj Date: November 20, 2013 RANCHO CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Candyce Burnett, Planning Manager By: Jennifer Nakamura, Associate Planner Subject: DEVELOPMENT CODE AMENDMENT DRC2013-00873 AND ADDENDUM TO GENERAL PLAN FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT (FPEIR) (SCH #2000061027) - CITY OF RANCHO CUCAMONGA - A supplement to the Development Code Update (DRC2010-00571) amending Title 17 (Development Code) of the Rancho Cucamonga Municipal Code to clarify definitions, administrative procedures, and correct prior errors and omissions. An Addendum to the General Plan FPEIR has been prepared for this project. This item will be forwarded to the City Council for final action. RECOMMENDATION: The Planning Commission and staff recommend the City Council take the following actions: 1. Adopt an addendum to the General Plan Program Environmental Impact Report for Development Code Amendment DRC2013-00817; and 2. Approve Development Code Amendment DRC2013-00873. BACKGROUND: On July 18, 2012, the City Council, on the recommendation of the Planning Commission, adopted the City's updated Development Code. The updated Development Code became effective on September 4, 2012. At the City Council hearing, staff proposed to present Code updates on a regular basis to deal with issues that were discovered after the Code became effective. In December 2012, the City Council, on the recommendation of the Planning Commission, adopted the first supplemental updates to the Development Code. The changes proposed at this time will (1) reinstate development standards that were unintentionally omitted from the Development Code, (2) revise conflicting information across sections and chapters of the Code, and (3) Permit Emergency Shelters as a "by right" use within the General Commercial zoning district. These standards existed in the Development Code prior to the 2012 comprehensive Development Code Update. After working with the Code for the past year, staff identified several items that were inadvertently left out and are important to creating consistency between new and prior development. In addition, a change to the Land Use Table for Emergency Shelters, consistent with State law, is included in this update. This change should have been included in the 2012 comprehensive update and was unintentionally omitted. SUMMARY OF PROPOSED CHANGES: Staff recommends the changes to the Development Code summarized below. Attachment 1 of the Resolution prepared for the Commission's consideration includes the actual text changes to the Development Code. All spelling, grammatical, and formatting errors that have been discovered since the publishing of the Development Code will be corrected. Typographic and grammatical errors are not included in the summary of proposed changes, but are included in the body of Attachment 1. P225 CITY COUNCIL STAFF REPORT DEVELOPMENT CODE UPDATE DRC2013-00873- CITY OF RANCHO CUCAMONGA November 20, 2013 Page 2 Article III Zoning Districts, Allowed Uses, and Development Standards 1. Allowed Use Modifications. Amend allowed use regulations in Table 17.30.030-1 for consistency with State law to allow Emergency Shelters as a permitted use in the GC District. State law requires all jurisdictions to permit Emergency Shelters "by right" in at least one zoning district. They will continue to be conditionally permitted in the GI District. Staff will put forth for consideration more specific development standards for this use in a future Code update. 2. Allowed Use Descriptions. Amend Section 17.32.020 to amend the definition of Service Stations to include convenience sales, consistent with previous descriptions of gas/service stations. Sales of alcohol will continue to be regulated separately, with a Conditional Use Permit. 3. Industrial Building Height. Amend Table 17.36.040-1 and 17.36.040-2 as follows: • Revise the maximum setback to 70 feet, with a minimum based on the street type, and additional 1-foot setback required for every 1 foot of height over 35 feet. • Revise the maximum height limit to 75 feet, while allowing for heights over 75 feet with a Conditional Use Permit. These tables, as currently written, are difficult to interpret and do not adequately reflect the standards that were to be carried over from the old Code. 4. Rail Service Standards. Amend Section 17.36.040 to include all rail standards from the old code. Some were incorporated in a recent update, but some were left out. 5. Vehicle Back Up Distance. Amend Section 17.36.010 to reincorporate the requirement for 24 feet of back up clearance for driveways. This standard was unintentionally omitted from the Code. 6. Equipment Screening. Amend Sections 17.36.030 and 17.36.040 to reinstate equipment screening standards for roof, wall, and ground-mounted equipment. These were unintentionally omitted from the Code. Article IV Site Development Provisions 7. Fence/Wall Height. Amend Table 17.48.050-1 to limit walls, fences, or shrubs within the clear visibility triangle to 36 inches. This table in inconsistent with past practice and the current definition of the clear visibility triangle. 8. - Outdoor Recreation Courts Fencing. Amend Section 17.48.050 to reinstate fence height requirements for outdoor recreation courts (i.e. tennis or basketball) on residential properties. These standards were unintentionally omitted from the Code. 9. Landscape Plan Review. Amend Section 17.56.040 to clarify that final landscape plans are required to be submitted after entitlement approval, not before as currently indicated. 10. Outdoor Lighting Standards. Amend Section 17.58.020 to clarify that this chapter applies to both new and existing development. P226 CITY COUNCIL STAFF REPORT DEVELOPMENT CODE UPDATE DRC2013-00873- CITY OF RANCHO CUCAMONGA November 20, 2013 Page 3 11. Industrial Dock Lighting. Amend Section 17.58.050 to reinstate development standards for wall mounted industrial dock lighting that were unintentionally omitted from the Code. Wall-mounted dock lighting was previously permitted with standards for height and glare. 12. Parking Stall Length. Amend Section 17.64.040 to eliminate an inconsistency between the text of the Code and the associated table indicating the minimum parking stall length dimension. 13. Parking Calculations. Amend Section 17.64.050 to exempt square footage dedicated to restrooms, hallways, and stairwells from total square footage to calculate the number of parking spaces required in non-residential uses. This was unintentionally omitted and allows marginally used spaces to provide relief from required parking. 14. Double Striping of Parking Spaces. Amend Section 17.64.040 to provide dimensional standards for the double striping of parking spaces. These standards were unintentionally omitted from the code. ENVIRONMENTAL ASSESSMENT: Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, an addendum to the General Plan Program Environmental Impact Report (SCH #2000061027) has been prepared. This Development Code Amendment does not propose any substantial changes in the City's development regulations that were not analyzed in the General Plan EIR or that will require major revisions of the EIR because of the involvement of new significant environmental effects, or a substantial increase in the severity of previously identified significant effects. As a consequence, an addendum is the appropriate level of environmental review. The addendum is provided and shown as Attachment 2 of the Resolution prepared for the Commission's consideration. NOTICE: Pursuant to Government Code Section 65090, this item was advertised 23 days in advance as a public hearing (1/8 page ad) in the Inland Valley Daily Bulletin newspaper. No individual notice to property owners was provided. Respectfully ubmitted, Candyce B nett Planning Manager CB:JN/ge Attachments: Exhibit A - Approved Planning Commission Minutes dated May 8, 2013 Exhibit B - Signed Planning Commission Resolution #13-50 - Recommending Approval of Municipal Code Amendment DRC2013-00873 Draft Ordinance No. 863 of Approval for Municipal Code Amendment DRC2013-00873 • P227 ace HISTORIC PRESERVATION COMMISSION ub �� AND PLANNING COMMISSION AGENDA •RANCHO MAY 8, 2013 CUCAMONGA Page 3 vev conservation and it will eliminate the need for meter readerj, hich will save gas emissions from their vehicles. She said the readers are being trained to install the new systems. In response to Commissioner Munoz she said their outreach on thiprogram will include briefings with local officials and mailings to their customers beginningrin 2014. She said the locations of the units will be in the public right of way and some areamay be found to not be appropriate; they are working with City staff. In response to Commissioner Oaxaca she said this equipment does not w generally fall under any City ordinances ith°requirements for review as they are just upgrading their infrastructure. In response to ViceiChairman Fletcher, Robert Shaw of Southern California Gas stated the transmission range istabout 1.5 miles and overlap is built in between DCU's. / IV. CONSE T CALENDAR/HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION B. Approval of minutes dated April 24, 2013 Or Moved,by Munoz, seconded by Wimberly, the Consent Calendar was adopted 4-0-1 (Ho dyshell absent) dir )11 V. PUBLIC HEARINGS/PLANNING COMMISSION I pThe following items have been advertised and/or posted as public hearings as required by law. The Chairman will open the public hearing to receive testimony. All such opinions shall be limited to 5 minutes per individual for each project. Please sign in after speaking. C. DEVELOPMENT CODE AMENDMENT DRC2013-00101 AND ADDENDUM TO THE GENERAL PLAN FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT(FPEIR) (SCH#2000061027) -CITY OF RANCHO CUCAMONGA-A supplemental update to the Development Code Update (DRC2010-00571) to amend Article I I (Land Use and Development Procedures),Article III (Zoning Districts,Allowed Uses and Development Standards), Article IV (Site Development Provisions), Article V (Specific Use Requirements), Article VII (Design Standards and Guidelines) and Article VII (Glossary) of Title 17 (Development Code) as well as a proposed addendum to the General Plan Final Program Environmental Impact Report (FPEIR). This action will be forwarded to the City Council for final action. Jennifer Nakamura, Associate Planner, presented the staff report and gave a PowerPoint presentation(copy on file). In response to Commissioner Munoz, she reported that the medical services category changes mostly affect Doctor and Dentist offices. In response to Vice Chairman Fletcher, she said no specific criteria has been landed on yet for outdoor sales activity with respect to cottage food businesses but in general the Code dictates all activity be done indoors; the intent was for customers to pick up their ordered items. She said the Code has always allowed for home grown produce. — EXHIBIT A P228 HISTORIC PRESERVATION COMMISSION itat AND PLANNING COMMISSION AGENDA ,RANCHO MAY 8, 2013 UCMMONGA Page 4 Steven Flower, Assistant City Attorney said there is no language in the bill that addresses this and all the cities are working to make sense of what was written. Vice Chairman Fletcher opened the public hearing. Seeing and hearing none, Vice Chairman Fletcher closed the public hearing. Ms Nakamura reported that another round of bigger changes is expected later in the year; a prioritized list is being maintained. The Commission complimented Ms. Nakamura on the report and presentation. Motion by Munoz seconded_by Oaxaca adopted 4-0-1 (Howdyshell absent) IVI. COMMISSION CONCERNS/HISTORIC PRESERVATION AND PLANNING COMMISSION Commissioner Munoz offered kudos to our Library as they won a National Awar /He said our Library is world class and the award is well-deserved. All the Commissioners greed. Donald Granger, Senior Planner announced the Local History Night (National Historic Preservation Month) celebration being held at the Biane Library 7-9 pin on Friday, May 10. Commissioner Oaxaca reflected on the viticulture of the city,ndsaid it would be a shame to have no grapes to reflect our logo and grape producing history. He said we have taken steps to rescue structures but now he is asking staff to researcheand report on what exists in the form of an ordinance that would address the old grapevines 'the City. He said we should take a more active role as our agriculture has either disappeared or is slated to disappear. He supports organized, orderly preservation and asked staff to begin a process or prepare a draft for an ordinance to propose to the City Council for this type of preservation. He noted that Manning Homes is working with Tom Grahn, Associate Planner towards rescuing the vines from their property for transplantation. Vice Chairman Fletcher said that now that we have interest in transplanting and a property for transplantation and he thought the Commission could probably agree on this. V. Commissioner Munoz said he has read and heard about contention regarding the Commission decision witlrespect to the China House. He asked staff for an update. Jeff Bloom,IDeputy City Manager said in addition to the Planning Department's standard letter following4he Commission's decision, the Building Official sent an amended order to CVWD requiring stabilization of the building and it also proposes the environmental work be done. He said CVWD filed an appeal of the Commission's action and we are in the process of setting the /date for the hearing. VII. ADJOURNMENT I P229 RESOLUTION NO. 13-50 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT DRC2013-00873,A SUPPLEMENTAL UPDATE TO THE DEVELOPMENT CODE. A. Recitals. 1. The City of Rancho Cucamonga filed an application for Development Code Amendment DRC2013-00873 for a supplemental update to the City's Development Code found in Title 17 of the Rancho Cucamonga Municipal Code. 2. On October 23, 2013, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to the Planning Commission during the above-referenced public hearing on October 23, 2013, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The City Council adopted a comprehensive update to the City's Development Code that implements the policies of the General Plan, in July 2012. The new Development Code became effective on September 4, 2012. b. Based on feedback received since the effective date of the Development Code,the City prepared a set of amendments(the"Amendments"), which is included as Attachment A to this Resolution and is hereby incorporated by this reference as if set forth in full. c. Development Code Amendment DRC2013-00873 conforms to and does not conflict with the General Plan, including without limitation, the Land Use Element thereof, and will provide for development in a manner consistent with the General Plan. d. The City has prepared an Addendum (the "Addendum") to the City of Rancho Cucamonga General Plan Environmental Impact Report (SCH#2000061027) (the "Final EIR"), attached hereto as Attachment B to this Resolution,which confirms that the environmental impacts stemming from Development Code Amendment DRC2012-01056 were adequately addressed in the Final EIR and that a subsequent EIR or Negative Declaration is not required for the Development Code Update. The Planning Commission finds that the Addendum complies with the California Environmental Quality Act, its implementing regulations at 14 California Code of Regulations § 15000 et seq., and the City's local CEQA guidelines (collectively "CEQA"). 1 EXHIBIT B P230 PLANNING COMMISSION RESOLUTION NO. 13-50 DEVELOPMENT CODE AMENDMENT - DRC2013-00873 - CITY OF RANCHO CUCAMONGA October 23, 2013 Page 2 3. Based upon the findings and conclusions set forth in Paragraphs 1 and 2 above, the Planning Commission hereby recommends that the City Council adopt Development Code Amendment DRC2013-00873. APPROVED AND ADOPTED THIS 23RD DAY OF OCTOBER 2013. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: 51127} (/ Frances Howdyshell, Chairman ATTEST: lC Candyce rnett, Secretary I, Candyce Burnett, Secretary of the Planning Commission for 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 23rd day of October 2013, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA NOES: COMMISSIONERS: NONE • ABSENT: COMMISSIONERS: WIMBERLY ABSTAIN: COMMISSIONERS: NONE 2 P231 Proposed Revisions to Rancho Cucamonga Development Code Staff is recommending the following amendments to the Development Code. These amendments are shown in track changes as excerpts from relevant sections of the Development Code with new language shown with underlined text and existing language to be removed shown with strike out text. Article III Zoning Districts, Uses and Standards Chapter 17.30 Allowed Land Use by Base Zoning District TABLE 17.30.030-1 ALLOWED LAND USES AND PERMIT REQUIREMENTS BY BASE ZONING DISTRICT a '>s�45, LYend "t?lrt,V; Us f!'; 1 , , 5 f b v � -9 ...th ` _ 2 Z , (9 R t 7 ;rx O x t:47. r58 c7 n4 tDlstrc ,� h Y vm 7 4 64:. . i n + . � Resldentlal Uses f n r t Yti+ e ya h ''t ty x i f i e.+,��¢ i h .. e.."f z-x.. , .4r..�.. r4 � '-,.a t �y' .� dq; t�6. _t°.. ., t-a.�r Emergency Shelter N N N N N N N N N GE N N N N N C N N N N N N Chapter 17.32 Allowed Use Descriptions Section 17.32.020 Allowed Use Descriptions 9. Service Station. A retail business selling gasoline or other motor vehicle fuels. May include a convenience store. Vehicle services which are incidental to fuel services are included under Vehicle Services— Minor. Section 17.36.030 Development Standards for Commercial and Office Zoning Districts D. Other Miscellaneous Commercial and Office Development Standards. D-1. Equipment Screening. Any equipment, whether on the roof, side of building, or ground shall be screened. The method of screening shall be architecturally integrated in terms of material, color, shape and size. The screening design shall blend with the building design. Where individual equipment is provided, a continuous screen is desireable. Section 17.36.040 Development Standards for Industrial Districts TABLE 17.36.040-1 DEVELOPMENT STANDARDS FOR INDUSTRIAL ZONING DISTRICTS .Development Standard/ZomngOistrict' IP h 4 ,, 5 GI y - .Mlllil H1 ry. a, Lot Area (minimum$1) 0.5 ac 0.5 ac 2 ac or 5 ac Attachment A P232 Proposed Revisions to Rancho Cucamonga Development Code .:Development Standard/ZomngiDistrict Lot Width (minimum)(3) 100 ft 100 ft 100 ft 100 ft Setback (minimum distance between structure and property line in feet) (4) Front Yard See Table 17.36.040-2 Side Yard 5 ft)5) 5 ft)5) 5 ft(5) 5 ft(5) Street Side Yard (and rear yard abutting street) See Table 17.36.040-2 Rear Yard Oft(5) Oft)5) 0 ft)5) 0 ft)5) Distance Between Buildings Primary Buildings Accessory Buildings Must meet current Building Code requirements Building Height(maximum in feet) 35 ft at the front setback. plus 1 ft for every 1 ft Primary Buildings additional-setback 6) Maximum height is 750 feet.L) Accessory Buildings 14 ft 18 ft 18 ft 24 ft Floor Area Ratio(maximum ratio of building to lot square footage) Floor Area Ratio 40-60% 50-60% n/a 40-50% Open Space Requirement(minimum percentage of open space per parcel or project) 10%)Z/ Open Space/Landscape Area 15% 10% 5% 10%)2)/5% Other Performance Standards (see Chapter 17.66) A B C/B)?) C Table Notes: (1) Condominium Lots. Condominium lots and lots within an approved Master Planned Development am exempt from required minimum parcel size and dimension requirements. (2) The following applies within 1,000 feet of Arrow Route:minimum 2-acre lot area; 10%minimum landscape area;and the 'Er level Performance Standards(Chapter 17.66). (3) Setbacks shall be the minim um required under the City's currently adopted Building Code. (4) Setback shall be increased to 45 feet when abutting a residential property line. (5) See Table 17.36.040-2 for parcels abutting special boulevards as indicated in Figure 17.36.040-1 (Special Streetscape Requirements). (6) Buildings exceeding 35 feet high shall be set back an additional 1 ft from the front setback for each 1 ft of height up to a maximum setback of 70 feet. (7) Heights over 75 feet may be permitted with a Conditional Use Permit. D. Other Miscellaneous Industrial Development Standards. 1. Special Streetscape. Future development and redevelopment within industrial areas shall be consistent with the special streetscape standards listed in Table 17.36.040-2 (Streetscape Setback Requirements) and as depicted in Figure 17.36.040-1 (Special Streetscape Requirements). TABLE 17.36.040-2 STREETSCAPE SETBACK REQUIREMENTS 's: r b,y c�' d A .'s� i Average Depth Of i F tit v a z ,`+ro.� } 1- e,w Street Type „ c yr, I1 Y) Building Setback- 4� Parking Setback(5) Major Arterial & Special 45 ft 45 ft 25 ft P233 Proposed Revisions to Rancho Cucamonga Development Code Boulevard Secondary 35 ft 35 ft 20 ft Local/Collector 25 ft 25 ft 15 ft Table Notes: (1) The average depth shall be uninterrupted from the face of curb, except for sidewalks, pedestrian hardscape, plazas and courtyards, and monument signs. (2) Parcels less than 225 feet in depth from the ultimate curb face on special boulevards are not required to provide an average depth of landscaping or building setback greater than 25 feet or 20% the depth of the property, whichever is greater. (3) As determined from ultimate face of curb. (4) Average depth of landscaping must still be provided. (5) Street frontage walls and fences over 3 feet in height am subject to building setbacks. f6) Setback may be increased based on building height. See Table 17 36.040-1. 6. Rail Service. Properties which adjoin existing or proposed lead or spur lines shall provide rail service access. Rail crossings and any spur construction must be approved by the railroad and the Public Utilities Commission. The following rail service standards, unless modified by the railroad or the Public Utilities Commission, shall apply: a. Minimum easement width for a lead line, single track shall be thirty two (32) feet. b. Minimum easement width for a double rail track shall be forty one (41) feet. c. The minimum radius of curvature for a track shall be one hundred eighty (180) feet. d. The maximum gradient along spur tracks shall not exceed two (2) percent. e. Dock height shall be no less than four and one half (4.5) feet above the top of the spur track. f. Road crossings at grade should be avoided wherever possible. q. Spur trackage is not permitted along any building frontage and must be confined to the side or rear portions of the buildings. h. Lot divisions and building layouts for properties which adjoin existing or proposed lead and spur lines shall be done in a manner to ensure full potential of future rail access and use and should not preclude rail access to other properties adjacent to such rail lines. Subdivisions, which could reduce a property's ability to accommodate potential rail served developments, may not be authorized. Building design shall include rail service features to ensure the potential use of available spur lines. P234 Proposed Revisions to Rancho Cucamonga Development Code j. Finished floor elevations and dock height door or "kick out" wall panels shall be provided in all properties abutting rail lines. k. The above-referenced rail service development standards may be amended or deleted on a site-by-site basis during the development review process. The following must be determined by the Planning Commission in order to authorize any modification of the rail service standard: i. That the installation of a lead or spur track cannot be accomplished due to physical constraints on or adjacent to the project site; and ii. Other existing or potential rail service properties will not be negatively affected in their ability to accommodate rail service activity as a result of modifications to the standards. 7. Equipment Screening. The following equipment screening standards shall apply: a. All roof, wall and ground mounted equipment shall be screened from all sides within the Industrial Park (IP) and General Industrial (GI) zoning districts. b. Wherever possible, all roof, wall and ground mounted equipment shall be screened from all sides within the Minimum Impact/Heavy Industrial (MI/HI) and Heavy Industrial (HI) zoning districts. f-c. All screening shall be architecturally integrated with the building design and where possible a roof parapet wall shall be used to screen roof or wall mounted equipment. Where roof mounted mechanical equipment and/or ductwork projects more than 18 inches above the roof or roof parapet, it shall be screened by an architecturally design enclosure which exhibits a permanent nature with the building design and is detailed consistent with the building. Where roof mounted mechanical equipment and/or ductwork projects less than 18 inches above the roof or roof parapet it shall be painted consistent with the color scheme of the building. Article IV Site Development Provisions Chapter 17.48 Fences, Walls, and Screening Section 17.48.050 Requirements by Land Use Type C. Residential. P235 Proposed Revisions to Rancho Cucamonga Development Code 1. Trail fences and gates shall be kept in good repair at all times, including replacing damaged members and maintaining plumb. This shall not preclude the property owner from replacing the existing trail fence with another fence or wall material. 2. Height. The height of fences in residential district is limited according to the following table. TABLE 17.48.050-1 MAXIMUM HEIGHT OF FENCES AND WALLS IN REQUIRED YARD AREA sue[ { SA, ? F .i..n ..k z._. Jt nl d * x ff s . x Location or � 3 - �- *,4- ,,;7 hLocation of Fence/WalIIScreening x . Minimum Setbacks Maximum Height t'I 5 y tj V ^44 dt A,: x EP 7k' Required front yard area 0 ft(2) 3 ft/6 ft(3) Required rear and interior side yard area (along rear 0 ft 6 ft and interior property lines) Required street side yard area (along corner side 5 ft(2) 6 ft property lines) At intersections of streets, alleys, and driveways within Varies lot 360 in the clear visibility triangle All other areas of lot 0 ft 6 ft Table Notes: (1) As part of Site Development Review, Design Review(Minor or Major), or other discretionary entitlement, the designated approving authority may grant additional height or location requirements to enclose or screen specific areas or uses or for fences and walls designed for noise attenuation. (2) Setback area for street side yard is measured property line to the fence or wall. (3) Height of front yard fence or wall may be increased to a maximum of 6 feet if the top 3 feet of fencing is constructed of material that is 90%visually open and transparent(e.g.,picket fence, open wood slats, open wrought iron)including any architectural features designed as part of the fence(e.g.,pilasters and lights). • (4) See definition of clear vision triangle in Section 17.126(Universal Definitions). . 3. Outdoor Recreation Courts. Fencing for outdoor recreation courts (e.q. tennis courts basketball courts) shall not exceed twelve (12) feet in height and shall be located five (5) feet from any rear or side property lines, except when adiacent to outdoor recreation courts on adiacent properties. Chapter 17.56 Landscaping Standards Section 17.56.040 Landscape Plan Review Process A. Landscaping Plans Subject to Review. When the requirements of this Chapter are applicable as established in Section 17.56.020 (Applicability), the following landscape plan review process shall be conducted in conjunction with design review • for the proposed action, pursuant to the requirements of Section 17.16.140 (Design Review). 3. Approving Authority. The designated approving authority shall be the same as the designated approving authority of the entitlement for new projects or. existing development as identified in Section 17.56.020 (Applicability). For • P236 Proposed Revisions to Rancho Cucamonga Development Code projects in the wildland-urban interface fire area, the Fire Chief is an additional approving authority. 4. Approval of Preliminary and Final Plans. The designated approving authority shall review and approve the preliminary landscape and irrigation plan. Upon approval of the preliminary landscape and irrigation plan, a final landscape and irrigation plan shall be submitted to the approving authority prior to issuance of Building Permits or planning cntiticmcntc for new projects or applicable expansions to existing development as established in Section 17.56.020 (Applicability). 5. Approval Required. The landscaping shall not be installed until the applicant receives approval of the final landscape and irrigation plan by the approving authority and any applicable permits have been issued. 6. Changes to Final Plans. Changes to the approved final landscape and irrigation plans that affect the character or quantity of the plant material or irrigation system design are required to be resubmitted for approval before installation. Chapter 17.58 Outdoor Lighting Standards Section 17.58.020 Applicability The requirements of this Chapter apply to all new and existing development. Whenever a person is required to obtain a Building Permit, Electrical Permit, and/or approval of a planning entitlement, the applicant shall submit sufficient information for the approving authority to determine whether the proposed lighting will comply with the requirements of this Chapter. Chapter 17.64 Parking and Loading Standards Section 17.64.040 General Parking and Loading Requirements B. Parking Space and Drive Aisle Dimensions. 1. When outdoors (e.g., parking lot), each parking space shall have a minimum size of nine feet (9') by seventeen feet (18;') with a required one foot (1') overhang (e.g., over a curb stop) and shall be free of obstructions such as columns or walls. 4,2. All parking stalls shall be permanently maintained with double lines, with two lines located an equal of nine inches (9") on either side of the stall sidelines. P237 Proposed Revisions to Rancho Cucamonga Development Code TABLE 17.64.040-1: ANGLED PARKING SPACE AND DRIVE AISLE DIMENSIONS ar efPf r., Sz l F Y 5. o Ro°w i � ( ng t<Stall to Curb; le ..V-1,t^F/1 C 1 x• .y ,tom, f 3 {yt,yr l EU (! yrx,�s.*y ?v�' I.SG.R'{�`�Ni Y��1<� �'FIn.F'".1�1. .. ..C!'t'.'i c,. (.(JY YM1 .sT. .�:L^f.� ���T. e(K «q4.i.f •.. �.n� ?fix 9'-0" 19'-0" 25'-0"(1) 63'-0" 90° 91-6" 19'-0" 241_8"(1) 62'-6" 10'-0" 19'-0" 24'-0"(1) 62'-0" 9'-0" 21'0" 20'-0"(1) 62"-0" 9'-0" 21'_0" 19'-0"(2( 61'-0" 60° 91-6" 21'-3" 18'-6"(21 61'-0" 21'-6" 18'4)92) 61'_0" 9'-0" 19'_10" 201_0"(1) 59'_8" 9'-0" 19'-10" 16'4"(2) 56'-0" 45° 9'-6" 20'-2" 151-T(2) 55-6" 10'_0" 20'-6" 141412) 55'_0" Table Notes: (1) Two-way aisle (2) One-way aisle Section 17.64.050 Number of Parking Spaces Required C. The following number of parking spaces shall be required to serve the uses or buildings listed, as established in Table 17.64.050-1 (Parking Requirements by Land Use). Multiple property owners may apply for a use permit for shared parking pursuant to Section 17.64.060 (Reductions in Parking Requirements). Otherwise, all: uses must provide the sum of the requirements for each individual use. Where the, requirements result in a fractional space, the next larger whole number shall be the number of spaces required. In addition, the requirements listed below shall apply. 7. "Square feet" means "gross square feet" and refers to the sum gross square feet of the floor area of a building and its accessory buildings unless otherwise specified. 8. For the purpose of calculating residential parking requirements, dens, studies, or other similar rooms that may be used as bedrooms shall be considered bedrooms. 9. Where the number of seats is listed to determine required parking, seats shall be construed to be fixed seats. Where fixed seats provided are either benches or bleachers, one seat shall be construed to equal eighteen (18) linear inches for pews and twenty-four inches (24") for dining, but in no case shall seating be less than determined as required by the Building Code. 10. When the calculation of the required number of off-street parking spaces results in a fraction of a space, the total number of spaces shall be rounded up to the nearest whole number. P238 Proposed Revisions to Rancho Cucamonga Development Code 11. Where private streets are proposed for residential development, resident and guest parking shall be provided as determined by the approving authority in conjunction with the required planning entitlement(s). X12. For projects on commercial, office and industrial zoned properties, square footage dedicated to restrooms, hallways and stairwells may be deducted from the gross square footage for parking stall calculation purposes. P239 Addendum to the Rancho Cucamonga 2010 General Plan Update Environmental Impact Report ADDENDUM This Addendum to the City of Rancho Cucamonga General Plan Environmental Impact Report (SCH#2000061027)(the "ElR") has been prepared in connection with the City's supplemental amendment to the Development Code (the "Project"). The Addendum confirms that the environmental impacts stemming from the Project were adequately addressed in the EIR and that a subsequent DR or Negative Declaration is not required for the Project. Proposed Supplemental Development Code Amendments The Project consists of supplemental amendments to the City's recently adopted comprehensive Development Code,which was in turn adopted to implement the policies of the recently completed 2010 General Plan Update. Since adoption of the Development Code Update in July 2012, City staff has identified several errors and omissions in the Development Code that were never intended to be eliminated from the Code. Staff has also identified areas where text is inconsistent or incomplete and requires further clarification to properly communicate the intended development requirements. Further, staff identified one land use, Emergency Shelters that as currently written, is inconsistent with State law. State law requires all jurisdictions to allow Emergency Shelters"by right" in at least one zoning district. In the Housing Element of the General Plan, we identified the GC (General Commercial) zone as the appropriate zone to allow this type of land use "by right"; however, the Development Code was not updated accordingly. The purpose of the Project is to correct these errors and omissions and clarify text where necessary. It is therefore considered to be largely procedural in nature. The Project will not affect the current methods of conducting environmental review for new development applications. Table A-1 summarizes the changes proposed in the project and the reason for including into the Development Code. Table A-1:Summary of Proposed Changes to the Development Code Article Chapter Topic Change Proposed Reason III 17.30 Emergency Need to allow for Emergency Consistency with State law; Shelters Shelters"by right" in GC zone. unintentionally omitted from Development Code. III 17.32 Definition Review the definition of "Service Consistency with prior Stations" to determine if it is definition of gas/service appropriate to include convenience stations. stores, or create a unique service station definition with convenience stores. III 17.36 Industrial Revise front setback on the table Error in transcription from Building Height to max 70 feet, set max building old to new code. Attachment B Page 1 of 6 P240 Addendum to the Rancho Cucamonga 2010 General Plan Update Environmental Impact Report Article Chapter Topic Change Proposed Reason height to 75 feet (or more with a CUP). III 17.36 Rail Standards Reincorporate RailService Standards. Unintentionally omitted from the old code. III 17.36 Backup Reincorporate the language that Unintentionally omitted from distance for requires 24 feet clearance from the old code. vehicles driveways for backup purposes. IV 17.48 Fence/Wall Correct inconsistency between text Clarifying text to eliminate Height and definition of Clear Visibility an inconsistency. Triangle for fence/wall/hedge height IV 17.48 Recreational Add development standards for Unintentionally omitted from Fencing recreational court fencing from the old code. the old code. IV 17.56 Landscape Plan Clarification needed on when Clarifying text to eliminate Review Process final landscape plans are an inconsistency. required to be submitted (after entitlement approval, not before). IV 17.58 Outdoor Clarify that this chapter applies Clarifying text to eliminate Lighting to existing development, not just an inconsistency. new development. IV 17.58 Industrial Dock Reinstate development standards Unintentionally omitted from Lighting for wall mounted industrial dock the old code. lighting. IV 17.64 Parking stall Inconsistency between the text Clarifying text to eliminate length and table for minimum parking an inconsistency stall length dimension Page 2 of 6 P241 Addendum to the Rancho Cucamonga 2010 General Plan Update Environmental Impact Report Article Chapter Topic Change Proposed Reason IV 17.64 Parking Reinstate the language that Unintentionally omitted from exempts restrooms, hallways, the old code. stairwells, etc. from parking calculations. IV 17.64 Double striping Add typical standards for double Unintentionally omitted from striping of parking spaces from the old code. the old code III 17.36 Equipment Reinstate development requirement Unintentionally omitted Screening that equipment screening to be from the old code. architecturally compatible and integrated with the building design. The 2010 General Plan Update and Environmental Impact Report On May 19, 2010, the City Council adopted the 2010 General Plan Update and certified the EIR. The updated plan serves as the foundation for many of the City's regulatory documents, including the Development Code, specific plans,community plans, master plans, and design guidelines. With the 2010 General Plan Update, the City's focus shifted to infill development (development of remaining vacant properties within developed business districts and residential neighborhoods). The EIR evaluated potential for the 2010 General Plan Update to result in environmental impacts, as summarized in the following table: No Mitigation Mitigation Measures Significant and Unavoidable Agricultural Resources Cultural Resources Aesthetics Biological Resources Hazards and Hazardous Agricultural Resources Geology and Soils Materials Air Quality Population, Housing and Hydrology and Water Quality Climate Change Employment Land Use and Planning Mineral Resources Public Services Noise Parks and Recreation Transportation and Traffic Utilities and Service Systems The City made findings regarding the environmental impacts of adopting the General Plan as well as overriding considerations for significant and unavoidable impacts, both individually and cumulatively, for Page 3 of 6 P242 Addendum to the Rancho Cucamonga 2010 General Plan Update Environmental Impact Report the following issues: Aesthetics, Agricultural Resources, Air Quality, Climate Change, and Mineral Resources. The findings made by the City necessary to certify the EIR and adopt the General Plan also included a mitigation monitoring and reporting program. For impacts to Land Use and Planning,the City determined that changes or alterations have been incorporated into the General Plan that avoid or substantially lessen the significant environmental effects identified in the EIR resulting in a less than significant impact. More specifically the City's findings stated there would be no conflict between the General Plan and the Development Code because updates to the Development Code, as well as adherence to standard conditions related to consistency of future development with the proposed 2010 General Plan Update and the City's Development Code, will reduce the potential impacts related to plan consistency to a less than significant level. CEQA Review Requirements The California Environmental Quality Act ("CEQA") generally requires agencies to analyze the possible environmental impacts of a project prior to approval. Depending on the nature and extent of the potential impacts, the agency may be required to adopt a Negative Declaration or Environmental Impact Report (EIR). Under Section 15162 of the CEQA Guidelines, when an EIR has been certified or a Negative Declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted,shows any of the following: a. The project will have one or more significant effects not discussed in the previous EIR or Negative Declaration; b. Significant effects previously examined will be substantially more severe than shown in the previous EIR; c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible,and would substantially reduce one or more significant effects of the project,but the project proponents decline to adopt the mitigation measure or alternative; or Page 4 of 6 P243 Addendum to the Rancho Cucamonga 2010 General Plan Update Environmental Impact Report d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. If the none of these conditions calling for the preparation of a subsequent EIR or Negative Declaration are met, but minor technical changes or additions are necessary to a previously adopted environmental document are needed, Section 16164 of the CEQA Guidelines allow the lead agency to prepare an addendum to the prior environmental document. A brief explanation of the decision not to prepare a subsequent EIR pursuant should be included in the addendum, the lead agency's findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence. The addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted Negative Declaration, and must be considered by the decision-making body prior to making a decision on the project. Analysis This addendum to the EIR has been prepared for the Project because none of the conditions specified in Section 15162 of the CEQA Guidelines requiring the preparation of a subsequent EIR or Negative Declaration are met. First, the Project does not propose substantial changes in the City's development regulations that were not analyzed in the EIR or that will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The Project simply implements the goals and policies adopted in the City's General Plan and analyzed in the General Plan EIR. The General Plan specifically mentions revising and updating the Development Code, as shown in the following table. The Development Code shall be updated to reflect the density and LU-2.1, LU-2.2, LU-3.3, LU- intensity ranges (especially along Foothill Boulevard) as specified in 3.8, LU-4.2, LU-4.3, LU-4.5, the General Plan including updating the development standards to be LU-5.1, LU-9.5, ED-2.1, ED- consistent with the General Plan provisions. (Table LU-2 of Chapter 2) 2.4 ED-4.4 The Development Code shall be updated to develop guidelines or LU-2.4, LU-9.1, LU-9.2, LU- standards that will guide infill development and make it compatible 9.4, ED-1.4, ED-4.1 with the surrounding neighborhood communities. The proposed project does not change either the policies or the figures shown in both the EIR and the General Plan. The project does not change any densities, intensities, land uses, or designations beyond those analyzed in the EIR. As a result, there is no change in the project and no new significant environmental effects, or increase in the severity of previously identified significant effects is anticipated as a result of the proposed project. Page 5 of 6 P244 Addendum to the Rancho Cucamonga 2010 General Plan Update Environmental Impact Report Second, there have been no substantial changes with respect to the circumstances under which the Project is undertaken that will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The EIR, which addressed the impacts of adopting the City's General Plan and revisions to the Development Code, was adopted on May 10, 2010. The existing conditions reported in the EIR are very similar to those currently in existence. Since adoption of the General Plan in 2010, the City has not processed any amendments to the plan. As a result,there are no substantial changes to the environment which would require a modification of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Third,there is no new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified that shows(a)the Project will have any significant effects not discussed in the EIR; (b)the significant effects examined in the EIR will be substantially more severe than previously shown; (c) mitigation measures or alternatives previously found to be infeasible would now be feasible and would substantially reduce one or more significant effects of the project; or (d) considerably different mitigation measures or alternatives than those analyzed in the EIR would substantially reduce one or more significant effects on the environment are now available. As the Project is consistent with the General Plan there are no new effects that were not discussed in the EIR. Similarly, the Project will not result in changes to the impacts identified in the EIR that could be considered substantially more severe. The Project does not alter any of the review processes in place for new projects, nor does it exempt new uses in the zoning ordinance from review. The Project addresses areas of responsibility for development review and affirms the appropriate body to make recommendations clarifies appeal procedures and establishes project review timelines. None of these changes will result in physical changes to the environment inconsistent with the General Plan as analyzed in the EIR. No additional mitigation measures are necessary. Summary In summary,the General Plan EIR sufficiently analyzed the potential impacts associated with the proposed Development Code Update. The City has a thorough development review process that is fully documented in the General Plan EIR, and that will remain in place following the proposed project. Page 6 of 6 P245 ORDINANCE NO. 863 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2013-00873, A SUPPLEMENTAL UPDATE TO THE DEVELOPMENT CODE; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. On October 23, 2013, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Development Code Amendment and, following the conclusion thereof, adopted its Resolution No. 13-50, recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. 2. On November 20, 2013, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the Amendment. 3. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Based upon substantial evidence presented to the City Council during the above-referenced public hearing on November 20, 2013, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The City desires to adopt a supplemental update to the Development Code in order to (i) reinstate development standards that were unintentionally omitted from the Development Code; (ii) revise conflicting information across sections and chapters of the Code; and (iii) Permit emergency shelters as a "by right" use within the General Commercial Zoning District; and b. The City has prepared a set of amendments (the "Amendments"), which is included as Attachment 1. SECTION 3: The City has prepared an Addendum (the "Addendum") to the City of Rancho • Cucamonga General Plan Environmental Impact Report (SCH#2000061027) (the "Final EIR"), attached hereto as Attachment 2 to this Ordinance, which confirms that the environmental impacts stemming from the Development Code Update were adequately addressed in the Final EIR, and that a subsequent EIR or negative declaration is not required for the Development Code Update. The City Council finds that the Addendum complies with the California Environmental Quality Act, its implementing regulations at 14 California Code of Regulations § 15000 et seq., and the City's local CEQA guidelines (collectively "CEQA"). SECTION 4: The City Council hereby adopts the Amendments to the Development Code attached to this Ordinance and incorporated herein by reference as Attachment 1. P246 CITY COUNCIL ORDINANCE NO.863 DRC2013-00873— DEVELOPMENT CODE AMENDMENT November 20, 2013 Page 2 SECTION 5: The Council hereby directs the City Clerk to make all necessary, non-substantive conforming revisions to the Municipal Code necessary to codify this Ordinance, including, but not limited to, clerical corrections to section numbers, table, and figure references, and cross references. SECTION 6: If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless of the fact that any one or more sections, subsections, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. SECTION 7: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. • P247 Proposed Revisions to Rancho Cucamonga Development Code Staff is recommending the following amendments to the Development Code. These amendments are shown in track changes as excerpts from relevant sections of the Development Code with new language shown with underlined text and existing language to be removed shown with strike out text. Article Ill Zoning Districts, Uses and Standards Chapter 17.30 Allowed Land Use by Base Zoning District TABLE 17.30.030-1 ALLOWED LAND USES AND PERMIT REQUIREMENTS BY BASE ZONING DISTRICT Land Emergency Shelter N N N N N N NN N CP N N N N N C N N N N N N Chapter 17.32 Allowed Use Descriptions Section 17.32.020 Allowed Use Descriptions 9. Service Station. A retail business selling gasoline or other motor vehicle fuels. May include a convenience store. Vehicle services which are incidental to fuel services are included under Vehicle Services — Minor. 4-0,50. Secondhand Dealer. Any business where the primary or ancillary use includes buying, selling, trading, accepting for sale on consignment, accepting for auctioning, or auctioning secondhand tangible personal property such as "cash for gold". This use classification does not include a "coin dealer" or participants at gun shows or events, pawnshops or secondhand stores. Section 17.36.030 Development Standards for Commercial and Office Zoning Districts D. Other Miscellaneous Commercial and Office Development Standards. B-1. Equipment Screening. Any equipment, whether on the roof, side of building, or ground shall be screened. The method of screening shall be architecturally integrated in terms of material, color, shape and size. The screening design shall blend with the building design. Where individual equipment is provided, a continuous screen is desirable. Attachment 1 Proposed Revisions to Rancho Cucamonga Development Code P248 Section 17.36.040 Development Standards for Industrial Districts TABLE 17.36.040-1 DEVELOPMENT STANDARDS FOR INDUSTRIAL ZONING DISTRICTS Development Standard2oning Dist?iict �` IP iy 1� _ GI, MI/HI 'HI Lot Area (minimum)t1t 0.5 ac 0.5 ac 2 ac° 5 ac Lot Width(minimum)t3t 100 ft 100 ft 100 ft 100 ft Setback(minimum distance between structure and property line in feet)(4) Front Yard See Table 17.36.040-2 Side Yard 5ft(5) 5ft(5) 5ft(5i 5ft(5) Street Side Yard (and rear yard abutting street) See Table 17.36.040-2 Rear Yard Oft(5) Oft(5) Oft(5) 0ftt5t Distance Between Buildings Primary Buildings Must meet current Building Code requirements Accessory Buildings Building Height(maximum in feet) 35 ft at the front setback. plus 1 ft for overy 1 ft Primary Buildingst Maximum height is 750 feet11 Accessory Buildings 14 ft 18 ft 18 ft 24 ft Floor Area Ratio (maximum ratio of building to lot square footage) Floor Area Ratio 40-60% 50-60% n/a 40-50% Open Space Requirement(minimum percentage of open space per parcel or project) Open Space/Landscape Area 15% 10% 1 b%Zt/ 10%(2)15% Other Performance Standards (see Chapter 17.66) A B C/B (2) Table Notes: (1) Condominium Lots.Condominium lots and lots within an approved Master Planned Development are exempt from required minimum parcel size and dimension requirements. (2) The following applies within 1,000 feet of Arrow Route:minimum 2-acre lot area; 10%minimum landscape area;and the "B"level Performance Standards(Chapter 17.66). (3) Setbacks shall be the minim-um required under the City's currently adopted Building Code. (4) Setback shall be increased to 45 feet when abutting a residential properly line. (5) See Table 17.36.040-2 for parcels abutting special boulevards as indicated in Figure 17.36.040-1 (Special Streetscape Requirements). (6) Buildings exceeding 35 feel high shall be set back an additional 1 ft from the hone setback for each 1 ft of height up to a maximum setback of 70 feet. (7) Heights over 75 feet mast be permitted with a Conditional Use Permit. D. Other Miscellaneous Industrial Development Standards. 1. Special Streetscape. Future development and redevelopment within industrial areas shall be consistent with the special streetscape standards listed in Table 17.36.040-2 (Streetscape Setback Requirements) and as depicted in Figure 17.36.040-1 (Special Streetscape Requirements). P249 Proposed Revisions to Rancho Cucamonga Development Code TABLE 17.36.040-2 STREETSCAPE SETBACK REQUIREMENTS r + ' i 'Aveiage Depth of Bufl,diniS�.e-a-)t bac ,0":3-.!"14$ , 4 StreetType Ya„ 1 ai , 1W 4 Parking Setbac k r. ? Az nd , ? a V:11 h e, k.&n z o'ft: r i Major Arterial &Special 45 ft 45 ft 25 ft Boulevard Secondary 35 ft 35 ft 20 ft Local/Collector 25 ft 25 ft 15 ft Table Notes: (1) The average depth shall be uninterrupted from the face of curb, except for sidewalks, pedestrian hardscape,plazas and courtyards, and monument signs. (2) Parcels less than 225 feet in depth from the ultimate curb face on special boulevards are not required to provide an average depth of landscaping or building setback,greater than 25 feet or 20%the depth of the property,whichever is greater. (3) As determined from ultimate face of curb. (4) Average depth of landscaping must still be provided. (5) Street frontage walls and fences over 3 feet in height are subject to building setbacks. (6) Setback may be increased based on building height See Table 17.36.040-1. TABLE 17.36.010-3 RESIDENTIAL STREETSCAPE SETBACK STANDARDS ''i'r Patking1+; '(Lan`decape and .'s1 t and Use and Street CtasalfleaUam�`;, r , �( .�:i:Si 14i T.` cit f. s. ,,In I''; ? f�;..'1'�, a +S't,)1.. £ R Setback t3et r -Wall Setback 7 lift�; Detached Single-Family Residential Major/Special Boulevard 45 ft 18 ft 20 ft average 18 ft minimum 18 Secondary/Collector 35 ft 15 ft 5 ft average 15 ft minimum Attached Single-Family Residential and Multi-Family Residential Major/Special Boulevard (2) 45 ft 30 ft 45 ft average 30 ft minimum (2) Secondary/Collector I�1 35 ft 25 ft 35 ft average 25 ft minimum (2) Table Notes: (1) On existing lots of record,parcels less than 175 feet in depth need not provide a setback of landscaping greater than 20% of the depth of the property(excluding right-of-way). (2) Add 10 feet to the setback when located within the M,MH,and H districts. 6. Rail Service. Properties which adjoin existing or proposed lead or spur lines shall provide rail service access. Rail crossings and any spur construction must be approved by the railroad and the Public Utilities Commission. The following rail service standards, unless modified by the railroad or the Public Utilities Commission, shall apply: a. Minimum easement width for a lead line, single track shall be thirty two (32)feet. b. Minimum easement width for a double rail track shall be forty one (41) feet. Proposed Revisions to Rancho Cucamonga Development Code P25O c. The minimum radius of curvature for a track shall be one hundred eighty (180)feet. d. The maximum gradient along spur tracks shall not exceed two (2) percent. e. Dock height shall be no less than four and one half(4.5)feet above the top of the spur track. f. Road crossings at grade should be avoided wherever possible. g. Spur trackage is not permitted along any building frontage and must be confined to the side or rear portions of the buildings. h. Lot divisions and building layouts for properties which adjoin existing or proposed lead and spur lines shall be done in a manner to ensure full potential of future rail access and use and should not preclude rail access to other properties adjacent to such rail lines. Subdivisions, which could reduce a property's ability to accommodate potential rail served developments, may not be authorized. Building design shall include rail service features to ensure the potential use of available spur lines. j. Finished floor elevations and dock height door or"kick out" wall panels shall be provided in all properties abutting rail lines. k. The above-referenced rail service development standards may be amended or deleted on a site-by-site basis during the development review process. The following must be determined by the Planning Commission in order to authorize any modification of the rail service • standard: i. That the installation of a lead or spur track cannot be accomplished due to physical constraints on or adjacent to the project site; and ii. Other existing or potential rail service properties will not be negatively affected in their ability to accommodate rail service activity as a result of modifications to the standards. 7. Equipment Screening. The following equipment screening standards shall apply: a. All roof, wall and ground mounted equipment shall be screened from all sides within the Industrial Park (IP) and General Industrial (GI) zoning districts. b. Wherever possible, all roof, wall and ground mounted equipment shall be screened from all sides within the Minimum Impact/Heavy Industrial (MI/HI) and Heavy Industrial (HI) zoning districts. f7c. All screening shall be architecturally integrated with the building design and where possible a roof parapet wall shall be used to screen roof or P251 Proposed Revisions to Rancho Cucamonga Development Code wall mounted equipment. Where roof mounted mechanical equipment and/or ductwork projects more than 18 inches above the roof or roof parapet, it shall be screened by an architecturally design enclosure which exhibits a permanent nature with the building design and is detailed consistent with the building. Where roof mounted mechanical equipment and/or ductwork projects less than 18 inches above the roof or roof parapet it shall be painted consistent with the color scheme of the building. Article IV Site Development Provisions Chapter 17.48 Fences, Walls, and Screening Section 17.48.040 Materials and Maintenance 3. Chain-link fences and/or gates are not permitted for screening purposes in any develepment:zoninq district, including chain-link when backed with wood or plastic slats, solid plastic sheet, or knitted fabric privacy/wind screening, except in the Heavy Industrial District. Section 17.48.050 Requirements by Land Use Type C. Residential. 1. Trail fences and gates shall be kept in good repair at all times, including replacing damaged members and maintaining plumb. This shall not preclude the property owner from replacing the existing trail fence with another fence or wall material. 2. Height. The height of fences in residential district is limited according to the following table. TABLE 17.48.050-1 MAXIMUM HEIGHT OF FENCES AND WALLS IN REQUIRED YARD AREA ' t i ' s a' o-"� $t=,- �.i„ �t'4"- 4 F" r� 'c" t LOeattO Or"i.`T..} a r 4-,A,A t( 2 E;7 zs'& � .�.yfk'� e'v 45 H,1,£ z :k fk s. a ,i`T -� " l is .4,''S• aa, Location of Fenee/WawScgreentng , u Minimum Setbaek , Maximum Heighti1►„t ' , *,: . t"t` + OfsF8r1e8(*Cif' 1 yr , �, .5 ee 4 ;: 4 Required front yard area 0 ft(2) 3 ft/6 ft(3) Required rear and interior side yard area(along rear 0 ft 6 ft and interior property lines) Required street side yard area(along corner side 5 ft(2) 6 ft property lines) At intersections of streets, alleys, and driveways Varies(4) 360 in within the clear visibility triangle Proposed Revisions to Rancho Cucamonga Development Code P252 All other areas of lot 0 ft 6 ft Table Notes: (1) As part of Site Development Review, Design Review(Minor or Major), or other discretionary entitlement, the designated approving authority may grant additional height or location requirements to enclose or screen specific areas or uses or for fences and walls designed for noise attenuation. (2) Setback area for street side yard is measured property line to the fence or wall. (3) Height of front yard fence or wall may be increased to a maximum of B feet if the top 3 feet of fencing is constructed of material that is 90%visually open and transparent(e.g.,picket fence, open wood slats, open wrought iron)including any architectural features designed as part of the fence(e.g.,pilasters and lights). (4) See definition of clear vision triangle in Section 17.126(Universal Definitions). 3. Outdoor Recreation Courts. Fencing for outdoor recreation courts (e.g. tennis courts, basketball courts) shall not exceed twelve (12) feet in height and shall be located five (5) feet from any rear or side property lines, except when adjacent to outdoor recreation courts on adjacent properties. Chapter 17.56 Landscaping Standards Section 17.56.040 Landscape Plan Review Process A. Landscaping Plans Subject to Review. When the requirements of this Chapter are applicable as established in Section 17.56.020 (Applicability), the following landscape plan review process shall be conducted in conjunction with design review for the proposed action, pursuant to the requirements of Section 17.16.140(Design Review). 2. Approving Authority. The designated approving authority shall be the same as the designated approving authority of the entitlement for new projects or existing development as identified in Section 17.56.020 (Applicability). For projects in the wildland-urban interface fire area, the Fire Chief is an additional approving authority. 3. Approval of Preliminary and Final Plans. The designated approving authority shall review and approve the preliminary landscape and irrigation plan. Upon approval of the preliminary landscape and irrigation plan, a final landscape and irrigation plan shall be submitted to the approving authority prior to issuance of Building Permit for new projects or applicable expansions to existing development as established in Section 17.56.020 • (Applicability). 4. Approval Required. The landscaping shall not be installed until the applicant receives approval of the final landscape and irrigation plan by the approving authority and any applicable permits have been issued. 5. Changes to Final Plans. Changes to the approved final landscape and irrigation plans that affect the character or quantity of the plant material or irrigation system design are required to be resubmitted for approval before installation. Chapter 17.58 Outdoor Lighting Standards P253 Proposed Revisions to Rancho Cucamonga Development Code Section 17.58.020 Applicability The requirements of this Chapter apply to all new and existing development. Whenever a person is required to obtain a Building Permit, Electrical Permit, and/or approval of a planning entitlement, the applicant shall submit sufficient information for the approving authority to determine whether the proposed lighting will comply with the requirements of this Chapter. Chapter 17.64 Parking and Loading Standards Section 17.64.030 Permit and Plan Check Requirements B. Site Development Review. Modification or improvements to an existing parking lot that impact the parking space layout, configuration, vehicular or pedestrian circulation, emergency vehicle/fire access lanes, number of stalls, or landscape planters shall require a Site Plan Development Review. Plans shall include any proposed traffic calming devices or measures such as speed bumps that will be placed in emergency vehicle/fire access lanes. Section 17.64.040 General Parking and Loading Requirements ITC. Parking Space and Drive Aisle Dimensions. 1. When outdoors (e.g., parking lot), each parking space shall have a minimum size of nine feet (9') by seventeen feet (187') with a required one foot (1') overhang (e.g., over a curb stop) and shall be free of obstructions such as columns or walls. 1,2. All parking stalls shall be permanently maintained with double lines, with two lines located an equal of nine inches (9") on either side of the stall sidelines. TABLE 17.64.040-1: ANGLED PARKING SPACE AND DRIVE AISLE DIMENSIONS f 'a rz . v y . � " Wilt aYi C ma f 13/4{ �TO a R Y S+n.Ea 1 t An le hi tG :e-:,117e4 x § .4 C,4 17.a1 PAJOISt _' 47 shi� ^ 30,4_, f_ L fit na 9'-0" 19'-0" 25-0"I1) 63'-0" 90° 9'-6" 19'-0" 24'-8"(1) 62'-6" 10'-0" 19'-0" 24'-0"(1) 62'-0" 9'-0" 21'0" 20'-0"(1) 62"-0" 21'-0" 19'-0"(2) 61'-0" 60° 9'-6" 21'-3" 18'-6"1�) 61'-0" 10'-0" 21'-6" 18'-012) 61'-0" 9'-0" 19'-10" 20'-0"(1) 59'-8" 45° 9'-0" 19,-10" 16'-4"(2) 561-0" Proposed Revisions to Rancho Cucamonga Development Code P254 9'-6" 20'-2" 15'-2"(2) 55-6" 10'-0" 20'-6" 141-012) 55-0" Table Notes: (1) Two-way aisle (2) One-way aisle Section 17.64.050 Number of Parking Spaces Required G-D_The following number of parking spaces shall be required to serve the uses or buildings listed, as established in Table 17.64.050-1.(Parking Requirements by Land Use). Multiple property owners may apply for a use permit for shared parking pursuant to Section 17.64.060 (Reductions in Parking Requirements). Otherwise, all uses must provide the sum of the requirements for each individual use. Where the requirements result in a fractional space, the next larger whole number shall be the number of spaces required. In addition, the requirements listed below shall apply. 3. "Square feet" means "gross square feet" and refers to the sum gross square feet of the floor area of a building and its accessory buildings unless otherwise specified. 6. For the purpose of calculating residential parking requirements, dens, studies, or other similar rooms that may be used as bedrooms shall be considered bedrooms. 7. Where the number of seats is listed to determine required parking, seats shall be construed to be fixed seats. Where fixed seats provided are either benches or bleachers, one seat shall be construed to equal eighteen (18) linear inches for pews and twenty-four inches (24") for dining, but in no case shall seating be less than determined as required by the Building Code. 8. When the calculation of the required number of off-street parking spaces results in a fraction of a space, the total number of spaces shall be rounded up to the nearest whole number. 9. Where private streets are proposed for residential development, resident and guest parking shall be provided as determined by the approving authority in conjunction with the required planning entitlement(s). &10. For projects on commercial, office and industrial zoned properties, square footage dedicated to office hallways 44 inches or less, electrical and mechanical rooms, elevator shafts, stairwells, bathrooms and storage closets may be deducted from the gross square footage for parking stall calculation purposes. Addendum to the P255 Rancho Cucamonga 2010 General Plan Update Environmental Impact Report ADDENDUM This Addendum to the City of Rancho Cucamonga General Plan Environmental Impact Report (SCH#2000061027) (the "EIR") has been prepared in connection with the City's supplemental amendment to the Development Code (the "Project"). The Addendum confirms that the environmental impacts stemming from the Project were adequately addressed in the EIR and that a subsequent EIR or Negative Declaration is not required for the Project. Proposed Supplemental Development Code Amendments The Project consists of supplemental amendments to the City's recently adopted comprehensive Development Code, which was in turn adopted to implement the policies of the recently completed 2010 General Plan Update. Since adoption of the Development Code Update in July 2012, City staff has identified several errors and omissions in the Development Code that were never intended to be eliminated from the Code. Staff has also identified areas where text is inconsistent or incomplete and requires further clarification to properly communicate the intended development requirements. Further, staff identified one land use, Emergency Shelters that as currently written, is inconsistent with State law. State law requires all jurisdictions to allow Emergency Shelters "by right" in at least one zoning district. In the Housing Element of the General Plan, we identified the GC (General Commercial) zone as the appropriate zone to allow this type of land use "by right"; however, the Development Code was not updated accordingly. The purpose of the Project is to correct these errors and omissions and clarify text where necessary. It is therefore considered to be largely procedural in nature. The Project will not affect the current methods of conducting environmental review for new development applications. Table A-1 summarizes the changes proposed in the project and the reason for including into the Development Code. Table A-1:Summary of Proposed Changes to the Development Code Article Chapter Topic Change Proposed Reason III 17.30 Emergency Need to allow for Emergency Consistency with State law; Shelters Shelters"by right"in GC zone. unintentionally omitted from Development Code. III 17.32 Definition Revise the definition of "Service Consistency with prior Stations" to include convenience definition of gas/service stores, or create a unique service stations. station definition with convenience stores. III 17.36 Industrial Revise front setback on the table Error in transcription from Building Height to max 70 feet, set max building old to new code. height to 75 feet (or more with a Page 1 of 6 Attachment 2 Addendum to the P256 Rancho Cucamonga 2010 General Plan Update Environmental Impact Report Article Chapter Topic Change Proposed Reason CUP). III 17.36 Rail Standards Reincorporate Rail Service Standards. Unintentionally omitted from the old code. III 17.36 Backup distance Reincorporate the language that Unintentionally omitted from for vehicles requires 24 feet clearance from the old code. driveways for backup purposes. IV 17.48 Fence/Wall Correct inconsistency between text Clarifying text to eliminate Height and definition of Clear Visibility an inconsistency. Triangle for fence/wall/hedge height IV 17.48 Recreational Add development standards for Unintentionally omitted from Fencing recreational court fencing from the old code. the old code. IV 17.56 Landscape Plan Clarify when final landscape plans Clarifying text to eliminate Review Process are required to be submitted an inconsistency. (after entitlement approval, not before). IV 17.58 Outdoor Clarify that this chapter applies to Clarifying text to eliminate Lighting existing development, not just an inconsistency. new development. IV 17.58 Industrial Dock Reinstate development standards Unintentionally omitted from Lighting for wall mounted industrial dock the old code. lighting. IV 17.64 Parking stall Inconsistency between the text Clarifying text to eliminate length and table for minimum parking an inconsistency stall length dimension IV 17.64 Parking Reinstate the language that Unintentionally omitted from exempts restrooms, hallways, Page 2 of 6 P257 Addendum to the Rancho Cucamonga 2010 General Plan Update Environmental Impact Report Article Chapter Topic Change Proposed Reason stairwells, etc. from parking the old code. calculations. IV 17.64 Double striping Add typical standards for double Unintentionally omitted from striping of parking spaces from the old code. the old code III 17.36 Equipment Reinstate development requirement Unintentionally omitted Screening that equipment screening to be from the old code. architecturally compatible and integrated with the building design. The 2010 General Plan Update and Environmental Impact Report On May 19, 2010, the City Council adopted the 2010 General Plan Update and certified the EIR. The updated plan serves as the foundation for many of the City's regulatory documents, including the Development Code, specific plans, community plans, master plans, and design guidelines. With the 2010 General Plan Update, the City's focus shifted to infill development (development of remaining vacant properties within developed business districts and residential neighborhoods). The EIR evaluated potential for the 2010 General Plan Update to result in environmental impacts, as summarized in the following table: No Mitigation Mitigation Measures Significant and Unavoidable Agricultural Resources Cultural Resources Aesthetics Biological Resources Hazards and Hazardous Agricultural Resources Geology and Soils Materials Air Quality Population, Housing and Hydrology and Water Quality Climate Change Employment Land Use and Planning Mineral Resources Public Services Noise Parks and Recreation Transportation and Traffic Utilities and Service Systems The City made findings regarding the environmental impacts of adopting the General Plan as well as overriding considerations for significant and unavoidable impacts, both individually and cumulatively, for the following issues: Aesthetics, Agricultural Resources, Air Quality, Climate Change, and Mineral Resources. Page 3 of 6 Addendum to the P258 Rancho Cucamonga 2010 General Plan Update Environmental Impact Report The findings made by the City necessary to certify the EIR and adopt the General Plan also included a mitigation monitoring and reporting program. For impacts to Land Use and Planning, the City determined that changes or alterations have been incorporated into the General Plan that avoid or substantially lessen the significant environmental effects identified in the EIR resulting in a less than significant impact. More specifically the City's findings stated there would be no conflict between the General Plan and the Development Code because updates to the Development Code, as well as adherence to standard conditions related to consistency of future development with the proposed 2010 General Plan Update and the City's Development Code, will reduce the potential impacts related to plan consistency to a less than significant level. CEQA Review Requirements The California Environmental Quality Act ("CEQA") generally requires agencies to analyze the possible environmental impacts of a project prior to approval. Depending on the nature and extent of the potential impacts,the agency may be required to adopt a Negative Declaration or Environmental Impact Report(EIR). Under Section 15162 of the CEQA Guidelines, when an EIR has been certified or a Negative Declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted,shows any of the following: a. The project will have one or more significant effects not discussed in the previous EIR or Negative Declaration; b. Significant effects previously examined will be substantially more severe than shown in the previous EIR; c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects Page4of6 P259 Addendum to the Rancho Cucamonga 2010 General Plan Update Environmental Impact Report on the environment, but the project proponents decline to adopt the mitigation measure or alternative. If the none of these conditions calling for the preparation of a subsequent EIR or Negative Declaration are met, but minor technical changes or additions are necessary to a previously adopted environmental document are needed, Section 16164 of the CEQA Guidelines allow the lead agency to prepare an addendum to the prior environmental document. A brief explanation of the decision not to prepare a subsequent EIR pursuant should be included in the addendum, the lead agency's findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence. The addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted Negative Declaration, and must be considered by the decision-making body prior to making a decision on the project. Analysis This addendum to the EIR has been prepared for the Project because none of the conditions specified in Section 15162 of the CEQA Guidelines requiring the preparation of a subsequent EIR or Negative Declaration are met. First, the Project does not propose substantial changes in the City's development regulations that were not analyzed in the EIR or that will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The Project simply implements the goals and policies adopted in the City's General Plan and analyzed in the General Plan EIR. The General Plan specifically mentions revising and updating the Development Code, as shown in the following table. The Development Code shall be updated to reflect the density and LU-2.1, LU-2.2, LU-3.3, LU- intensity ranges (especially along Foothill Boulevard) as specified in 3.8, LU-4.2, LU-4.3, LU-4.5, the General Plan including updating the development standards to LU-5.1, LU-9.5, ED-2.1, ED- be consistent with the General Plan provisions. (Table LU-2 of 2.4 ED-4.4 Chapter 2) The Development Code shall be updated to develop guidelines or LU-2.4, LU-9.1, LU-9.2, LU- standards that will guide infill development and make it compatible 9.4, ED-1.4, ED-4.1 with the surrounding neighborhood communities. The proposed project does not change either the policies or the figures shown in both the EIR and the General Plan. The project does not change any densities, intensities, land uses, or designations beyond those analyzed in the EIR. As a result, there is no change in the project and no new significant environmental effects, or increase in the severity of previously identified significant effects is anticipated as a result of the proposed project. Page 5 of 6 Addendum to the P260 Rancho Cucamonga 2010 General Plan Update Environmental Impact Report Second, there have been no substantial changes with respect to the circumstances under which the Project is undertaken that will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The EIR, which addressed the impacts of adopting the City's General Plan and revisions to the Development Code, was adopted on May 10, 2010. The existing conditions reported in the EIR are very similar to those currently in existence. Since adoption of the General Plan in 2010, the City has not processed any amendments to the plan. As a result, there are no substantial changes to the environment which would require a modification of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Third, there is no new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified that shows (a) the Project will have any significant effects not discussed in the EIR; (b) the significant effects examined in the DR will be substantially more severe than previously shown; (c) mitigation measures or alternatives previously found to be infeasible would now be feasible and would substantially reduce one or more significant effects of the project; or (d) considerably different mitigation measures or alternatives than those analyzed in the EIR would substantially reduce one or more significant effects on the environment are now available. As the Project is consistent with the General Plan there are no new effects that were not discussed in the EIR. Similarly,the Project will not result in changes to the impacts identified in the EIR that could be considered substantially more severe. The Project does not alter any of the review processes in place for new projects, nor does it exempt new uses in the zoning ordinance from review. The Project addresses areas of responsibility for development review and affirms the appropriate body to make recommendations clarifies appeal procedures and establishes project review timelines. None of these changes will result in physical changes to the environment inconsistent with the General Plan as analyzed in the EIR. No additional mitigation measures are necessary. Summary In summary, the General Plan EIR sufficiently analyzed the potential impacts associated with the proposed Development Code Update. 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Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Fred Lyn, Utilities Division Manager Subject: CONSIDERATION OF A RESOLUTION TO ESTABLISH A STANDBY CAPACITY CHARGE TARIFF WITHIN THE RANCHO CUCAMONGA MUNICIPAL UTILITY SERVICE AREA, PURSUANT TO THE REQUIREMENTS AND AUTHORITY OF CHAPTER 3.46 OF TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE RECOMMENDATION It is recommended that the City Council approve and adopt a resolution amending the existing electric rates to include a new Standby Capacity Charge pursuant to the requirements and authority of Chapter 3.46 of Title 3 of the Rancho Cucamonga Municipal Code. BACKGROUND/ANALYSIS The Rancho Cucamonga Municipal Utility (RCMU) is required by California law to accommodate electric service customers who elect to install self-generating energy facilities. These generating facilities include Fuel Cell and Co-Generation / Combined Heat and Power technologies and are different from solar photovoltaic or wind turbine generation facilities. RCMU has been approached by an existing customer that they may be interested in installing one of these generating facilities on their property. These self-generating customers have unique electric demands due to their on-site generation assets running in parallel with RCMU's electric system. Thus, RCMU bears an "obligation to serve" and must configure our distribution system to allow every customer reliable access to the grid. The standby capacity charge that is being proposed covers the costs of necessary distribution infrastructure and maintaining sufficient capacity (through operating reserves) in order to serve an unplanned outage at the non-utility generating facility, even if such an outage never occurs. These self-generating customers pay standby rates so that they may, in the event of a planned or unplanned outage of their generating facility, take service from the RCMU electric system. Staff has worked with its rate and cost of service consultant, Utility Financial Solutions to develop a standby capacity charge that represents the entire reserved capacity needed for the City to serve the self-generation customer's load, which would have been regularly served by the customer's generating facility when such facility experiences a partial or complete outage. The Standby Charge shall be a flat $/kW amount applied to the Standby Demand in kW, which shall not exceed the nameplate capacity of the customer's generating facility. The new Standby Charge reflects the City's reasonable and prudent costs for accommodating a self- generating facility and does not exceed the City's reasonable costs of doing business as an electric utility. Standby Charge— Secondary ($/kW) Standby Charge — Primary ($/kW) $8.61 $7.61 P262 City Council Staff Report Resolution to establish an RCMU Standby Charge November 20, 2013 The City has provided notification to the public by publishing notice of this hearing on November 7, 2013, and November 14, 2013, in the Inland Valley Daily Bulletin, a local newspaper of general circulation, and posting notice in at least two separate locations within the City. The proposed Standby Charge have been available for public review in the City Clerk's Office since the advertisements and resolution were first published on November 14, 2013. Respectfully submitted, Mark A. uer Director of Engineering Services/City Engineer MAS/FL Attachments—Standby Rate Tariff and Resolution P263 STANDBY DEMAND CAPACITY RESERVATION CHARGE (SELF GENERATION) A. Applicability Applicable to Large Commercial and Large Industrial customers who operates a non-net metered, non-utility generating facility rated at 1000 kW or less, interconnected on the Customer's premises and operates in parallel with the City's electric system. The generating facility is intended primarily to offset part or all of the customer's own electrical requirements, and meets all the applicable safety and performance standards. Standby service customers have unique electric demands, due to their on-site generation assets, that are often quite different from those of full requirement customers. These customers pay standby rates so that they may, in the event of a planned or unplanned outage of their non-utility generating system, take service from the City electric system. The City bears an "obligation to serve" and must configure their system to allow every customer reliable access to the grid. The standby charge is designed to recover the costs of transmission and distribution facilities, as well as substation and transformers dedicated to the customer's use that do not vary with usage in maintaining sufficient capacity (through operating reserves) in order to serve an unplanned outage, even if such an outage never occurs. The standby charge also includes appropriate service voltage level distinctions: secondary and primary. B. Territory The entire territory served. C. Rates 1. Rates for this service shall be the same as for the schedule under which the customer's otherwise applicable rate schedule shall apply. 2. Standby Demand Capacity Reservation Charge (CRC): A CRC shall be a flat $/kW amount applied to the Standby Demand in kW, which represents the entire reserved capacity needed for the City to serve the self-generation customer's load, which would have been regularly served by the customer's generating facility when such facility experiences a partial or complete outage. The level of Standby Demand shall be provided by the customer and shall not exceed the nameplate capacity of the customer's generating facility. Standby Charge — Secondary ($/kW) Standby Charge — Primary ($/kW) $8.61 $7.61 P264 3. Demand Charge: As determined in each billing period, a Standby Service customer's billing demand shall be the kilowatts of Maximum Demand indicated or recorded by instruments, determined to the nearest kW of the absolute net power that the customer received from the City's electric system. The Demand Charge for each time period shall be based on the Maximum Demand for that time period occurring during the respective monthly billing period. 4. Energy Charge: As determined in each billing period, when a Standby Service customer consumes more energy than generated at the premises, the net consumed energy will be used in the calculation of all applicable energy charges. All Energy shall be billed in accordance with the customer's Otherwise Applicable Tariff rate schedule which would otherwise apply if the customer had no generating equipment. 5. Other charges: All other specific rate components, including the Power Factor Adjustment Charge, Customer Charge and the State Electric SurTax will not vary based on registered usage or demand of the customer's generating facility. D. Special Conditions 1. Contract Required - Customer shall sign an Interconnection Agreement contract for this service, which shall state the number of kW of standby capacity required. "Standby capacity" shall not exceed the nameplate rating of the customer's generating equipment. 2. Metering Requirements - If the customer's existing meter is not capable of measuring the flow of energy in two directions, an appropriate meter shall be provided at the expense of the customer. The City may elect to install an additional meter or meters, at the customer's expense to provide the information necessary to accurately bill or credit the customer. 3. The CRC tariff is only applicable to Standby Service customers who require electric capacity and energy supplied by the City on a regular basis to supplement the Customer's power requirement in addition to that ordinarily supplied by the on-site non- utility generation facilities. If a customer has a planned generator outage with prior notification given to RCMU for an entire billing period the standby charge will not be applicable. 4. Customers exempted from the CRC tariff: (a) Customers with backup on-site generation that is used exclusively when service from the utility is not available in the event of an interruption in utility service and which are not used to offset Customer electricity purchases. (b) The applicability of these exemptions shall be determined at the discretion of the Utilities Manager. 5. Standby Demand in kW represents the entire reserved capacity needed for the City to serve the customer's load, regularly served by the customer's generating facility when such facility experiences a partial or complete outage. The level of Standby Demand, P265 which shall not exceed the nameplate capacity of the customer's generating facility, is initially designated by the customer and is set forth in the generation interconnection agreement. Once a customer's designated Standby Demand has been set, it shall remain at such level for a minimum of 12 months unless, in the City's determination, the Standby Demand needs to be adjusted to more accurately represent the customer's actual reserve capacity needs. Upon the City's determination that the customer's designated Standby Demand does not reflect the actual level of needed reserve capacity, over any 15-minute period or through on-site verification, the City shall adjust the Standby Demand to reflect the actual needed reserve capacity. When the Standby Demand is adjusted by the City as provided above, a qualified change in the Standby Demand shall not be made for 12 months from the last adjustment. The customer is responsible for notifying the City of permanent or material changes in their generation facilities (size, type and operations) for future adjustments to the Standby Demand. 6. Diversity Factor- a statistical assumption that a certain percentage of standby load will be utilizing substation and distribution service between each class' peak demand and the system peak demand. This factor was determined using the diversity factors calculated in the utility's most recent cost of service study and is embedded in the current CRC tariff. A percentage difference was identified as the diversity factor and the distribution and substation portion of the standby rates were reduced accordingly reflecting a reduction in those infrastructure requirements. E. Billing Calculation A Customer's bill is calculated according to the rates and conditions above. The charges are calculated by applying the Rate Charges on the customer's applicable nameplate generation capacity for the generating unit at the customer's facility. All other usage provided by RCMU will be based on the applicable rate tariff, including any riders or additional charges. Customers served under this Schedule shall pay both energy and non-energy charges on a monthly basis, in accordance with the customer's Otherwise Applicable Tariff except as otherwise allowed by State law. P266 RESOLUTION NO. 13-198 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO ESTABLISH A STANDBY DEMAND CAPACITY RESERVATION CHARGE TARIFF WITHIN THE RANCHO CUCAMONGA MUNICIPAL UTILITY SERVICE AREA PURSUANT TO THE REQUIREMENTS AND AUTHORITY OF CHAPTER 3.46 OF TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE. A. Recitals. 1. The City Council of the City of Rancho Cucamonga has previously adopted Chapter 3.46 of Title 3 of the Rancho Cucamonga Municipal Code establishing Electricity Service Rules and Regulations and authorizing that the rates, fees and charges arising, directly or indirectly, under said legislation be adopted pursuant to resolution, and thereafter, be amended from time to time by resolution. 2. City staff has prepared a comprehensive schedule of the rates, fees and charges that reflect the reasonable and prudent costs relating to the acquisition and distribution of electric power to retail customers and are recommending that the City Council adopt the recommended rates and fees. These rates do not present the City an opportunity to achieve profits or to impose charges in excess of the costs reasonably related to the development, maintenance and expansion of a municipal electric distribution system. The City Council has directed City staff to regularly review the operations of the City's electric utility to ensure that the rates are sufficient to cover all prudent business costs, reserves and capital equipment acquisition but not exceeding the amount necessary for the same. The rates, fees and charges reflect the reasonable costs to the City system only and do not reflect any excess rates, fees, or charges that are in excess of the reasonable costs of providing the electrical services as set forth hereinafter. 3. The City Council has reviewed and hereby adopts the amended Rancho Cucamonga Municipal Utility Electric Rates to include a new rate tariff and associated agreements for the Standby Demand Capacity Reservation Charge on file. 4. The City Council has reviewed the adoption of this Resolution pursuant to the requirements of the California Environmental Quality Act of 1970, as amended, and has determined that the adoption of the Electric Rules and Regulations has no foreseeable potential to a result in a significant impact upon the environment and is exempt from CEQA review pursuant to State CEQA Guidelines Section 15061(b)(3). Further, the City Council has determined that the adoption of the fees is exempt from substantive environmental review under Section 15273 of the State CEQA Guidelines as no capital projects for system expansion are included in the proposed action. 5. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find and resolve as follows: Section 1. The facts set forth in the Recitals, Part A of this Resolution, are true and correct. Section 2. The rates, fees and charges assessed under Chapter 3.46 of Title 3 shall be as set forth on Attachment 1 hereto and incorporated by reference as if fully set forth herein. Section 3. The City Clerk shall certify to the adoption of this Resolution. Resolution No. 13-198 — Page 1 P267 STAFF REPORT tea ENGINEERING SERVICES DEPARTMENT LJ Date: November 20, 2013 RANCHO CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineerin Services/City Engineer By: Fred Lyn, Utilities Division Manager Subject: APPROVAL OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ADOPTING A RENEWABLE ENERGY RESOURCES PROCUREMENT PLAN RECOMMENDATION It is recommended that the City Council adopt the attached resolution adopting a Renewable Energy Resources Procurement Plan. BACKGROUND / ANALYSIS The electric utility industry has increasingly been governed by federal and state legislative efforts to reduce environmental impacts such as climate change and air pollution. These new regulations include the amount of renewable energy used to serve retail electric load, commonly called a renewable portfolio standard, or RPS. Non-compliance with these regulations could result in penalties to the City's municipal utility, the Rancho Cucamonga Municipal Utility (RCMU). On December 21, 2011, the City Council approved Resolution No. 11-183, establishing a Renewable Energy Resource Enforcement Program (Enforcement Program) pursuant to California Senate Bill X1-2, which established a revised RPS goal and enforcement to be applied to both investor owned utilities (IOUs) and publicly owned utilities (POUs), including RCMU. Under the State's RPS regulations, RCMU must achieve a minimum "average" 20 percent RPS between calendar years 2011 and 2013, and then steadily increase the RPS amount to 33 percent by 2020. The adoption of the Enforcement Program established the preservation of the City Council's authority to enforce and oversee compliance regarding RCMU's RPS requirements. In August 2013, the California Energy Commission (CEC) adopted and finalized the rules and regulations enforcing RPS for POU's and is requiring that all POU's revise and/or re-adopt their Renewable Energy Resources Procurement Plan (Procurement Plan) from their Enforcement Program with these new regulations by December 1, 2013. Adoption of the attached resolution would satisfy the requirements as requested by the CEC. Attachment A of this staff report provides the details of RCMU's RPS Procurement Plan. This plan describes in detail how RCMU plans to achieve its RPS requirements for each compliance period from 2011 to 2020, consistent with the rules and regulations adopted by the CEC. In summary, the plan states that RCMU started its renewable energy procurement late in the first compliance period, but believes that it has demonstrated reasonable progress towards achieving the 20% RPS goal. RCMU estimates that it will be at a 16% RPS by the end of the first Compliance Period and is requesting that the CEC consider a one-time waiver of timely compliance due to several factors and conditions that were beyond the control of RCMU. Looking ahead to Compliance Periods 2 and 3, RCMU fully intends to meet all RPS compliance for those two periods and beyond. P268 CITY COUNCILSTAFF REPORT November 20, 2013 Page 2 RCMU shall strive to procure adequate and eligible supplies of renewable energy resources to meet the procurement targets and portfolio content categories as set forth in its Procurement Plan. However, since costs for eligible renewable energy resources are higher than the average energy costs currently purchased from the wholesale energy market, the procurement plan also established a cost limitation to ensure that there are no disproportionate rate impacts to RCMU customers. It is the goal of RCMU to comply with all the targets set forth in the Procurement Plan at the least cost possible, without placing any risk to the reliability and fiscal health of the electric utility. ..cRespectivel submitted,t Mark A. Steuer Director of Engineering Services/City Engineer MAS/FL:rlf Attachment—RPS Procurement Plan and Resolution P269 Attachment A RANCHO CUCAMONGA MUNICIPAL UTILITY'S RENEWABLE ENERGY RESOURCES PROCUREMENT PLAN The California Energy Commission's (CEC's) adopted guidelines, listed in the California Code of Regulations Title 20, Division 2, Chapter 13, Section 3205 requires the Rancho Cucamonga City Council to adopt a Renewable Energy Resources Procurement Plan with a noticed public hearing by December 1, 2013. The procurement plan would establish 1) a minimum quantity of electricity products from eligible renewable energy resources, including renewable energy credits (RECs), 2) establish procurement targets, 3) the quantity of eligible renewable energy resources required over certain compliance periods, 4) eligible procurement content categories, and 5) details on how RPS targets will be achieved for each Compliance Period. I. RPS Procurement Targets A. Adopt Compliance Compliance Period One: January 1, 2011, to December 31, Periods 2013. Compliance Period Two: January 1, 2014, to December 31, 2016. Compliance Period Three: January 1, 2017, to December 31, 2020. B. Adopt Procurement • An average of 20% renewables during Compliance Period Targets ("CP") one. • In CP two: 20% by end of 2014, 20% by end of 2015 and 25% by the end of 2016. • In CP three: 27% by end of 2017, 29% by end of 2018, 31% by end of 2019, and 33% by the end of 2020. II. Procurement Content Categories A. Define Procurement Procurement Content Category ("PCC") One: Eligible Buckets renewable energy resource electricity that meet the requirement of "in-state" or "out-of-state" resources scheduling power directly to a California balancing authority in accordance with PUC section 399.16(b)(1) PCC Two: "Firmed and shaped" eligible renewable energy resource electricity products providing incremental electricity and scheduled into a California balancing authority, in accordance with PUC section 399.16(b)(2) PCC Three: Eligible renewable energy resource electricity products or any fraction of the electricity generated, including unbundled renewable energy credits that do not qualify under the criteria of Categories 1 or 2. B. Adopt Procurement PCC One: (1) at least 50% in CP one; (2) at least 65% in CP Bucket Targets two; and (3) at least 75% from that point on. PCC Three: (1) 25% or less in CP one; (2) 15% or less in CP 2; and (3) 10% or less in CP 3. 1 Attachment A P270 III. Current and Planned Projects and Contracts Procurement Plan Project Contract Term Delivery Location Resources Name Type Date Year Year (State) Current Resources Fortistar Methane Mid-Valley Landfill Gas Jan 2013 — 5 2013 - CA BA (PCC 1) Dec 2017 2017 Fortistar Methane Jan 2013 — 2013 - (PCC 1) Milliken Landfill Gas Dec 2017 5 2017 CA BA Brookfield Energy N/A RECs Oct 2011 1 2011 WECC (PCC 3) Region Planned Resources RECs PCC 3 Unspecified RECs Compliance 3 2014-16 WECC Period 2 Region RECs PCC 3 Unspecified RECs Compliance 4 2017-20 WECC Period 3 Region PCC 1 and/or 2018 or PCC 2 Unspecified Unspecified 2018 ?? 2019 CA BA IV. Procurement Plan Resources (Compliance Period 1) For the three-year period beginning January 1, 2011 and ending December 31, 2013, the Rancho Cucamonga Municipal Utility (RCMU) shall procure sufficient RPS-eligible resources to equal the sum of the average of 20 percent of 2011-2013 retail sales. For Compliance Period 1, RCMU plans on utilizing PCC3 RECs from a 2011 transaction agreement and a PCC1 bundled renewable energy from two landfill gas contracts with Fortistar in 2013. The following table below provides additional detail regarding the City's Compliance Period 1 procurement targets with regard to each of the Portfolio Content Category products. It is estimated that RCMU will be at a 16% RPS for Compliance Period 1. Compliance Period 1 Estimated Actual Avg. 2011-2013 Actual/Forecasted Retail Sales (MWh) 214,221 Planned RPS Purchases (%) 20% RPS Procurement Obligation (MWh) 42,844 Minimum Procurement of Portfolio Content 24,276 Category 1 (MWh) (at least 50%) Minimum Procurement of Portfolio Content 10,393 Category 3 (RECs-MWh) (max 25%) Residual Procurement of Portfolio Content Category 2 (MWh) Total eligible RPS Purchases 34,669 Estimated RPS % 16% 2 P271 Attachment A V. Procurement Plan Resources (Compliance Period 2) For the three-year period beginning January 1, 2014 and ending December 31, 2016, RCMU shall procure sufficient RPS-eligible resources to equal the sum of the following: (20 percent of 2014 retail sales) + (20 percent of 2015 retail sales) + (25 percent of 2016 retail sales). RCMU plans on utilizing the existing PCC1 bundled renewable energy from two landfill gas contracts in 2014-16 and PCC3 RECs that have yet to be purchased. RCMU will also utilize excess procurement during this Compliance Period 2 from the PCC1 contract to be carried over to Compliance Period 3. The following table provides additional detail regarding the City's Compliance Period 2 procurement targets with regard to each of the Portfolio Content Category products Compliance Period 2 Estimated 2014 2015 2016 Actual/Forecasted Retail Sales (MWh) 85,000 90,000 100,000 Planned RPS Purchases (%) 20% 20% 25% RPS Procurement Obligation (MWh) 17,000 18,000 25,000 Minimum Procurement of Portfolio 25,000 25,000 25,000 Content Category 1 (MWh) (at least 65%) Minimum Procurement of Portfolio Content Category 3 (RECs-MWh) (max 2,550 2,700 3,750 15%) Residual Procurement of Portfolio 0 0 0 Content Category 2 (MWh) PCC1 Excess Procurement Carryover 10,550* 9,700* 3,750* (MWh) Total estimated eligible RPS 27,550* 38,250* 48,950* purchases Estimated RPS % 32%* 43%* 49%* *Excess Procurement to be applied to Compliance Period 3 VI. Procurement Plan Resources (Compliance Period 3) For the four-year period beginning January 1, 2017 and ending December 31, 2020, RCMU shall procure sufficient RPS-eligible resources to equal the sum of the following: (27 percent of 2017 retail sales) + (29 percent of 2018 retail sales) + (31 percent of 2019 retail sales) + (33 percent of 2020 retail sales). RCMU plans on utilizing the excess procurement of PCC1 bundled renewable energy from Compliance Period 2 to Year 2017 or Year 2018. In addition, RCMU's two landfill gas contracts will expire at the end of 2017, therefore, RCMU will be seeking other PCC 1 renewable energy contracts for the remaining Compliance Period 3. PCC3 RECs will also be utilized for compliance, but have yet to be purchased. The following table provides additional detail regarding the City's Compliance Period 3 procurement targets with regard to each of the Portfolio Content Category products 3 Attachment A P272 Compliance Period 3 Estimated 2017 2018 2019 2020 Actual/Forecasted Retail Sales (MWh) 110,000 120,000 125,000 130,000 Planned RPS Purchases (%) 27% 29% 31% 33% RPS Procurement Obligation (MWh) 29,700 34,800 38,750 42,900 Minimum Procurement of Portfolio Content Category 1 (MWh) (at least 24,000* 26,100** 29,063 32,175 75%) Minimum Procurement of Portfolio Content Category 3 (RECs-MWh) 2,970 3,480 3,875 4,290 (max 10%) Residual Procurement of Portfolio 2,730 5,220 5,813 6,435 Content Category 2 (MWh) PCC1 Excess Procurement Carryover 24,000** 0 0 0 (MWh) Total estimated eligible RPS 29,700 34,800 38,750 42,900 purchases Estimated RPS % 27%* 29% 31% 33% *Excess Procurement from Compliance Period 2 may be applied to these years **Excess Procurement from 2017 may be applied to 2018 OPTIONAL COMPLIANCE MEASURES VII. Excess Procurement Pursuant to Public Utilities Code (PUC) § 399.30(3)(d)(1), and consistent with Section 8 of the adopted RPS Enforcement Program, the City Council adopts the following rules for excess procurement: A. RCMU may apply excess procurement in one compliance period to a subsequent compliance period, subject to the following limitations: Electricity products that exceed the maximum limit for Portfolio Content Category 3, as specified in PUC § 399.16(c), must be subtracted from the calculation of excess procurement. B. RCMU may begin accruing excess procurement as of January 1, 2011. C. Excess procurement meeting these requirements may be applied to any future compliance period and shall not expire. VIII. Waiver of timely compliance Pursuant to PUC § 399.30(3)(d)(2), consistent with the requirements of PUC § 399.15(b)(5) or other conditions adopted by the City Council, certain measures permit the City to delay timely compliance with the RPS Enforcement Program for a particular compliance period, based on any of the following conditions that prevent compliance and it is demonstrated that RCMU took reasonable actions to comply and the conditions were beyond the control of RCMU: 4 Attachment A P273 • Legislative or regulatory actions that change the eligibility of energy already procured or contracted for; • Permitting, interconnection, or other circumstances that delay procured eligible renewable energy resource projects; • Inadequate transmission capacity to allow for sufficient electricity to be delivered; • Unanticipated curtailment of eligible renewable energy resources that limit renewable energy deliveries to RCMU; • Contract failures, insufficient supply or other circumstances that delay procured eligible renewable energy resource projects. • An insufficient supply of eligible renewable energy available within the cost limitations set forth. For Compliance Period 1, the City Council is requesting that the CEC allow for a one-time waiver of timely compliance of the 20% RPS requirement in lieu of several factors and conditions listed above that were beyond the control of RCMU. Detailed narratives of the factors and conditions will be provided in RCMU's annual compliance report to the CEC. IX. Cost Limitation Pursuant to PUC § 399.30(3)(d)(3), and consistent with Section 9 of the adopted RPS Enforcement Program, the City Council is establishing a limitation on the procurement expenditures for all RPS-eligible resources used to comply with this RPS Enforcement Program in order to prevent disproportionate rate impacts to RCMU customers. The City Council has relied on the following information to establish its cost limitation 1) The information on cost and availability of Eligible Renewable Energy Resources which is contained in this RPS Procurement Plan, 2) the expected cost of building, owning and operating an Eligible Renewable Energy Resource, and 3) the potential that some planned resource additions may be delayed or cancelled. The City will review any potential cost limitations annually as part of its budget process to determine whether (1) the establishment of cost limitations is appropriate to ensure that there are no disproportionate rate impacts to RCMU customers, and; (2) that the City is able to continue to demonstrate good faith in pursuing the objectives of SB 2-1X and meeting the State's overall RPS goals. Relevant Factors and Findings To determine what cost limitation is necessary to prevent disproportionate rate impacts, the City Council has considered the following factors and made the following findings: • RCMU is one of the smallest POUs in California; • The starting point for RCMU is not equal to those of the other POUs in the State, as RCMU has only been in operation less than 10 years; • RCMU incurred significant startup costs, including settlement agreements with Southern California Edison in the form of exit fees; 5 Attachment A P274 Findings: The lack of financial resources to procure Eligible Renewable Energy Resources in volumes sufficient to satisfy its RPS targets would lead to the likelihood of disproportionate rate impacts on the City's customers if cost limitations were not established. Adoption of Cost Limitation In reliance on the information, factors, and findings specified above, the City Council determines that in order to avoid disproportionate rate impacts, a cost limitation must be established. Compliance Period 1 For Compliance Period 1, the City Council hereby establishes a cost limitation as follows: 1) Procurement expenditures for all RPS-eligible resources used to comply with the RPS procurement plan shall not exceed 22% of the first compliance period's average fiscal year gross annual revenues from RCMU electric retail sales. 2) The City is not obligated to expend any funds on RPS procurement in excess of the Compliance Period 1 Cost Limitation. 3) The City Council further determines that total RPS expenditures during Compliance Period 1 have already exceeded the cost limitation, and therefore, RCMU shall not expend any further funds on RPS expenditures. Compliance Periods 2 and 3 For Compliance Period 2 and Compliance Period 3 and thereafter — The City Council hereby establishes a cost limitation as follows: 1) Procurement expenditures for all RPS-eligible resources used to comply with the RPS procurement plan shall not exceed 22% of total gross annual revenues from RCMU electric retail sales. 2) The City is not obligated to expend any funds on RPS procurement in excess of the Compliance Period 2 and 3 Cost Limitation. 3) In no event shall the purchase of renewable energy volumes required to ensure the City's compliance with applicable RPS procurement plan result in customer rate impacts that would lead to RCMU's electric rates to exceed those of Southern California Edison. Should conditions change such that any of these criteria cannot be met, including procurement requirements that have exceeded cost limitations, staff will return to the City Council with an adjusted Procurement Plan for consideration that would include revised cost limitations that shall rely on elements consistent with PUC § 399.15(c)(1)-(3) and with pertinent policies and rules established by the City Council. Plan Version Version Date Action Change 1 12/21/2011 RPS Procurement Plan created 2 11/20/2013 Removed grandfathered resources, updated RPS % and provided details on optional compliance measures, including cost limitations 6 P275 RESOLUTION 13-199 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ADOPTING A RENEWABLE ENERGY RESOURCES PROCUREMENT PLAN WHEREAS, the City of Rancho Cucamonga is authorized under various provisions of the California Constitution and the general laws of California (including, specifically, Article XI, Section 9(a) of the California Constitution, Public Utilities Code Section 10004, and Government Code section 39732(a)) to establish, purchase, and operate a public utility to furnish its inhabitants with, among other things, electricity; and WHEREAS, the City of Rancho Cucamonga operates a municipal electric utility ("City"); and WHEREAS, as a municipal electric utility, the City is generally subject to the legislative and regulatory requirements applicable to local publicly owned electric utilities ("POUs"); and WHEREAS, the State of California passed Senate Bill 2 (1st Extraordinary Session) ("SBX1-2"), effective as of December 10, 2011, requiring POUs, including the City, to adopt and implement, among other things, a renewable energy resources enforcement program and procurement plan that requires the City to procure a minimum quantity of eligible renewable energy resources over certain periods; and WHEREAS, in accordance with Public Utilities Code section 399.30(e) (added by SBX1-2), the Rancho Cucamonga City Council, as the governing board of the City, adopted Resolution No. 11-183 on December 11, 2011, adopting and establishing a renewable energy resources enforcement plan ("Enforcement Plan") for the enforcement of the City's obligations under SBX1-2; and WHEREAS, in accordance with Public Utilities Code section 399.30(a), the Enforcement Plan directs City staff to develop and present a renewable energy resources procurement plan ("RPS Procurement Plan") to the Rancho Cucamonga City Council; and WHEREAS, based on information and factors analyzed by the City, the City has developed a RPS Procurement Plan that (1) describes the resources the City plans to use to meet the procurement targets described in the Enforcement Program, and (2) includes the flexible compliance measures that the City is requesting under SBX1-2; and WHEREAS, the Rancho Cucamonga City Council, as the governing board of the City, has provided notice and material related to its Procurement Plan, and hold a publicly noticed meeting offering all interested parties an opportunity to comment; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Procurement Plan is hereby adopted as set forth in Attachment A, which is attached hereto and incorporated herein ("RPS Procurement Plan"). SECTION 2. As authorized in SBX1-2, flexible compliance measures including Excess Procurement, Cost Limitation and Waiver of Timely Compliance as set forth in Attachment A are hereby approved and adopted. SECTION 3. The City Manager or his/her duly authorized designee is authorized and directed to do and perform all acts required in the RPS Procurement Plan to fulfill obligations pertaining to the City under SBX1-2. SECTION 4. This resolution shall take effect immediately upon its adoption. Resolution No. 13-199 — Page 1 ■— �� - i ■■ am,x...�; „ .,. a C 18 CI o 0 0 •— L C D D a CU 0- Cr O • p N U NO O im v r as g D a) ,t .Q,,. 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Gillison, City Mana•- Subject: PRESENTATION AND DISC II SSIO�•F SAN BERNARDINO COUNTY COURT REORGANIZATION BACKGROUND: In April 2013 staff recommended the City Council adopt Resolution 13-37 which addressed the City's support of increased funding for the San Bernardino County Superior Court system. As was discussed at that time, the San Bernardino County Superior Court system is one of the most under- . funded court systems in California. In October 2012 a statewide Judicial Needs study was prepared which indicated the San Bernardino County Superior Court should employ 156 judicial officers (judges and commissioners) and 1,512 staff members based on the County's size, population and service area. In comparison, the actual judicial officers and staffing levels present in April 2013 showed the San Bernardino Superior Court system operating at about 60% of the recommended levels with only 91 judicial officers and 940 staff members. The San Bernardino County Superior Court has been addressing the fiscal issues facing the court system for several years. In FY 11/12 and again in FY 12/13 the court system made significant cuts and operational changes to help close an estimated state funding deficit of $22 million. The cost saving measures included the closure of the Chino, Barstow, Needles and Big Bear Lake courthouses, along with countywide reductions in Court Clerk's office hours and reductions in administrative staff. In addition, the court also began consolidating civil and juvenile delinquency cases and dependency drug court cases in the high desert area. Currently, the Rancho Cucamonga court rooms and other court facilities in the County process a variety of court cases including Family Law, Probation, Small Claims, Traffic, Felonies and Misdemeanors. ANALYSIS In October 2013 Presiding Judge Slough met with various police and City officials in the valley area to inform those cities of changes that will be made to the court system in San Bernardino County beginning in May 2014. Judge Slough indicated that because of funding cuts the court system would be reorganizing and consolidating the types of court cases heard at its different facilities in order to improve processing efficiency and reduce staffing costs, particularly given the limited staffing that already challenges the San Bernardino County Court System. Beginning in May 2014 the four remaining court facilities will concentrate on specific types of cases — civil or criminal - rather than handling a broad array of legal matters. For Rancho Cucamonga what this will means is instead of processing a variety of both civil and criminal legal cases as is done now, the 19 court rooms at the Law and Justice Center will primarily P277 PRESENTATION AND DISCUSSION OF SAN BERNARDINO COUNTY COURT PAGE 2 REORGANIZATION NOVEMBER 20,2013 be used for criminal cases involving felonies and misdemeanors that allegedly occurred in the Rancho Cucamonga and Fontana area. The Presiding Judge did indicate that the courtrooms will also be used to a lesser degree for processing name changes and civil restraining orders. Residents of the Rancho Cucamonga area that have small claims, traffic, family law or other types of civil cases will soon have to go to Fontana or San Bernardino for their legal matters. Attached to this report is a summary of how the court rooms in the 4 court facilities in the valley area of the County will be used for civil and criminal matters. The Presiding Judge has indicated the court closures have put a heavy strain on the County's already underfunded and overloaded justice system. By transferring caseloads to specific courts, additional court closures are avoided, however, there is a definite cost and impact to many citizens of the County in that their ability to conveniently access the legal system will be negatively impacted by a potentially lengthy commute to an unfamiliar area that was not required in the past. Staff has begun identifying potential changes to the make-up of businesses in the area of the Law and Justice Center and the Civic Center complex as a result of the changes in the court scheduling based on legal filings. It is expected that many of the law firms that specialize in family and civil matters will relocate closer to the courts that will handle these types of cases, when their leases expire. It is also expected that law firms that specialize in criminal law will relocate their offices in the area of court locations that process these legal matters. A letter from the Law Office of Sal Briguglio is attached which expresses this concern as well. In addition, the letter further indicates that restaurant owners in the area have also expressed concerns regarding impacts to the lunch business as a result of the court changes. City Staff will also be meeting with the County to discuss improved directional signage as a result of the court changes so that any modifications could be completed by May 2014 when the changes to the scheduling of court cases will begin. Because many people may now be coming to Rancho Cucamonga that are not familiar with the area, staff wants to work with the County to help ensure people can park and be directed to the courthouse properly and promptly. Presiding Judge Slough has confirmed that she will be in attendance and the Council meeting to present a review of the changes that are being made to the County of San Bernardino Superior Court system. Attachments— Summary of courtrooms and uses Letter dated October 31, 2013 from Law Office of Sal Briguglio P278 a) L r w v.) O 0 LI)s_ 4_, ,a) 0 (.0 . . ,_ Lo 03 CU CO 0 E N a) v U 0 En o o c' o N •V rn - U V o E o z O co o ell) o a, o 0 I C13 u.. D • • C 0 E . . , „ t, . . ,r..:-I t LI) ....,, k _ 0 1 ii Y AO i _ 1. - CC , 8 P279 0 Ln C 0 0 O C U Ca CU t20 fa L C C "- O CO 13 U (3 •E •- C6 s.. U O ca O sr U L cu O N CU C (13 = m s C u OA Z a) U c E _ 0 cC CD �CU ID U u O O O 0 4- 4— 4— +J X. s_ [i) • • • • 1 V;t : 4'' 111 ry yi �'; .,.J X15.. 1 T�1 i - i' e t 1 rilrz 0 r f K� •�IV� I 4 e•' f 1 1 s . ay, ;z •S s h ti b e-� r - g 'h s � Yv�s . � '23 '1r -a i { b, P280 vs L ° c E CU CU E — o mila E i U C >U O i 0 /1 1 N c -a C U E — (1111d W 0 G � O � > O 0 , L aJ O c6 U i N nA L- C1A _ 0 C D n m S 0 0 C O U O V C.) — c6 -0 U c QJ +� C20 •i Lf1 (n CC C N NJ M — - CL° ,_ a) n •- con _ O 0 v, 4—' i c--1 r-I r-1 - 00 In r-1 CO M r U U U ru I-- I I I d- I I I > I I r+ r-i d- 0 C •ii - ■ L Lon -_ al) ._,.. ,4.: , . ,... 3:am.mtnifimil 01 n.sm I. Y ilk C ;7 _- i ' - VW '-- thh-..- ate- ...a fur i 1..•v:`, ��, �; - . f rr ,•y :4 I 1 P281 w 0_ - 7 c� 0 $ D W O v 0 t� m -5 ar e � o V) C c CO 4111.1 -C3 los CD ro MI a E Le) N 00 LL (N '71" d' • 0 MEM • • SEEM yyyy ti E, Yy !tt n K F L . • s a' ;C r T4 / 1,g ... • ,, c ,!y « r ! -' � �::.....:::"..,:e:�iuy eat � : .Cr yL . ,r. -. A: X3 ` ,`4 } f 4r :. 3 ,.. ,� {jt U. �c.,• a) w .� 1;. II :. . Y ilk'`�. (� i . t 41cr r C n a VPt'!1 IC,:i *'4. 1U/dI/LCllU 137:L0 jttj741bbIU bHL bMIOUVLIU, LbU. YHUG UI/UI P282 The Law Office of Sal Briguglio A Professional Law Corporation October 31,2013 FAX: 909-477-2849 City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attention: John Gillison, City Monazer Re: Rancho Cucamonga Courthouse Dear John: I know you are gathering data for the council regarding the impact on the City and its residents. I apologize if you already have these items covered but here it is anyway. The Court in 2012 had 9970 new civil filings, 3851 family law, 3224 evictions and 2828 small claims. We have approximately 3000 per day go through the metal detector, plus employees and lawyers. Many of the law firms have their offices here because the Rancho Cucamonga Courthouse has been a full service facility, they will be moving as their lease comes up for renewal. A couple of restaurant owners have already express to me that this will have a significant impact on their lunch business. Please feel free to call if you have a question. Very truly yours, Law Ofi ce of j Bri;tglio Atli, Sa ari, SB/lcm • 9333 Baseline Rd,Ste.230,Rancho Cucamonga,CA 91730 •(909) 980-1100•Fax(909)941-8610 • Litiga8 @aol.com tilt O 'ti •1 1-1 ct ct o U ;1-11 N Inenna� � - E y I i� ti r n 4 c ) • bt t'S • U o Ii U cn . ...... ,.-..-4,-,.....„,_. ...,,......... ...._ ,..... qiik ....:.,;..•_, ,......„ „dr. ........„- ,,:_-_, •,„yr) ,.,.,,,,....;.l'''' ,,,,444‘. • .1!•. "4 liiii,-(111:- ,.-. 1, d ` ` \1ysl `''lam II'Neevt,aii //i It (; '•-' .ff' . - :—. 1111611111010b\ pu.adillak. '''.- 40 ' .... ., c 11.11 •_ 0 - m k C O M V C co ffiic M 1 c co c Ill- - V IJ- 0 N °' VI a) .-> ....i. , ----440.wi 1 3 0 ,_ U � _. V 1 - , . _ ,:, ,.0 . ,_ _/it'''''''''''' w • _tao V ......... (0 -3 lzu 7 111 ,7111101. Mr ., NY II I; CD= cc . :__.. lilt a) 7..vi i' V � V cu I'k. r. NB / _ it� Er V co U Ir .'%4Iiii 1111L1111 0 .1-1 E be - C S 7.3 L a = E E o E y- z a co CD 0 0 a bp O U c U . � N N O u i a O cv ��W 0 Cl.) E a) 40 all ,7, 4 , C U CC N a a C�J bp .E O ED >% 4E1 — [A' v N N ._ ca O i!. cn > L .—� L a O L o a 0 a +-J U if +-+ L -0 L a (/) .� ni L1 O V NO Q U a CIO V) cm _o i a-j L C r `� U 0 W a = i u O N a co N a L O O 0 U O TO LO N O L a c O DC 73 c a a) O N L L 71 a--+ Q —ra ' v m p O N N ci w v p U V) v a o_ co - v cB O U N _ c >. = i O L c6 m ra a v Ov C O a O CU 7 ca a 42 UA - �jp CO L v) Cl) U cn 'v� Li) CU U- u O U • • • • • • • • P283 STAFF REPORT t COMMUNITY SERVICES DEPARTMENT RANCHO • Date: November 20, 2013 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Nettie Nielsen, Community Services Director Subject: UPDATE ON SENIOR NUTRITION SERVICES PROVIDED BY FAMILY SERVICES ASSOCIATION RECOMMENDATION Review and receive the report on Senior Nutrition Services for file. BACKGROUND Senior Nutrition Services, which include congregate meals at Central Park, and delivered meals to homebound seniors, is a federally funded program administered by San Bernardino County. Although Senior Nutrition Services is a County, not a City program, the City contributes some Community Development Block Grant (CDBG) funds each year to maintain minimum levels of service in Rancho Cucamonga. Because of the federal funding component, the meals must meet established nutrition requirements and are open to all seniors, resident and non-resident. In July 2013 San Bernardino County awarded a new service contract to the Family Service Association (FSA). The program had previously been operated by the Oldtimers Foundation. FSA, who was already operating services at multiple facilities throughout both San Bernardino and Riverside counties, was tasked with reducing costs amid budget cuts and federal sequestration reductions. In early October, FSA informed the City that its federal funds were diminishing and it desired to institute changes to both the Congregate and Home Delivered nutrition programs. Congregate Meal Program — History and October 2013 Adjustments Central Park is one of many sites throughout the County operated by FSA for congregate meals. These meals are prepared in FSA's central kitchens and brought to each site for serving. FSA carefully tracks attendance at each site it operates to minimize food waste. Because the program is federally funded, as noted previously, there are no residency requirements. It is difficult to ascertain the actual number of Rancho Cucamonga residents who use Central Park, as many seniors visit multiple locations. We serve seniors from other communities and some of our seniors also visit sites elsewhere. There is a suggested donation of $2.50, although the average donation is less. The actual cost of each meal is $5.81. The difference between the actual and the funded cost has previously been made up by Federal and local CDBG funds. Since Central Park opened in 2005, congregate meal attendance has slowly declined. When Fontana opened its senior center in 2010 and chose to operate its own program, we saw a further decrease in attendance. Because available federal funds are no longer able to meet current demand, FSA has proposed a cap of meals at all of its sites throughout the County. At Central Park they have instituted a cap of 91 meals per day based on their federal funding. In the first quarter for this fiscal year, our average attendance was 98 meals per day. The City has chosen to be financially responsible for the difference. We know from history that some months are busier than others. Each month, FSA will provide a report of the number of meals served and the amount over the 91 cap (if any). It is P284 UPDATE ON SENIOR NUTRITION SERVICES PROVIDED BY FAMILY SERVICES PAGE 2 ASSOCIATION NOVNMMBER 20,2013 estimated, based on current attendance, the fiscal impact would be up to $11,000 annually (approximately $8,000 this fiscal year). Staff will include these numbers in the General Fund mid- year budget adjustment and Fiscal Year 2014/15 budget request. It is important to note that these numbers will be monitored closely and if attendance begins rising beyond our financial ability to subsidize, this issue will be revisited. If attendance declines, there would be little fiscal impact. Home Delivered Meal Program — History and Proposed Adjustments FSA is also revising eligibility criteria for the Home Delivered Program and has capped the number of seniors receiving this service at 90, based on their federal funding. Hot meals are delivered 5 days per week by FSA staff. As with the congregate meals, the actual cost per meal is $5.81 with a suggested donation of$2.50, the difference being paid by federal and local CDBG funds. FSA has proposed replacing hot meals with frozen meals, delivered twice per week. This is a county wide change; in fact all the sites previously operated by FSA have begun receiving frozen meals. After discussions with the Senior Advisory Committee, it was determined to maintain the current level of hot meal service with the City electing to subsidize the difference in cost. Two cost proposals/options were submitted by FSA: 1. Actual cost of program now, using FSA staff, plus the cost of the meals, vehicle leases, mileage, insurance, fuel and maintenance: $2,648 per month or $31,776 annually). 2. Current program using volunteer drivers, all other costs the same: $1,080 per month or approximately $13,000 annually. The City has elected to proceed with Option 2 and solicit volunteer drivers (up to 30 may be required). FSA would train and schedule the volunteers who would pick up the vehicles and meals at Central Park. It is unknown at this time if an adequate number of volunteers can be secured, however, it is fiscally prudent to pursue this approach if possible. FSA would continue to staff the hot meal delivery until the City can recruit the required volunteers, which could take up to 4 weeks. The City would incur the Option 1 rate until enough volunteers are recruited, trained and scheduled. We anticipate the impact to the current Fiscal Year budget to be $10,000 - $12,000, which will be included in the General Fund mid-year budget adjustment and Fiscal Year 2014/15 budget request. It's important to note that the Congregate and Home Delivered Program adjustments are not specific to Rancho Cucamonga, but are being implemented throughout the county. Staff contacted other cities that have congregate meal sites or who have seniors receiving Home Delivered meals and they either did not know of the changes or were not concerned about the impacts. Other than Rancho Cucamonga, no City indicated they were going to attempt to keep hot meals at this time. FISCAL IMPACT The General Fund fiscal impact for the remainder of the 2013/14 Fiscal Year for the Congregate nutrition program will vary according to attendance is and estimated at $8,000 and $11,000 for Fiscal Year 2014/15. P285 UPDATE ON SENIOR NUTRITION SERVICES PROVIDED BY FAMILY SERVICES PAGE 3 ASSOCIATION NONE IBER 20,2013 The General Fund fiscal impact for the remainder of the 2013/14 Fiscal Year for the Home Delivered nutrition program is estimated at $12,000, and $13,000 for Fiscal Year 2014/15 unless an adequate number of volunteer drivers cannot be secured. Respectfully submitted, • 1 v6thb Nettie Nielsen Community Services Director • • P286 STAFF REPORT ' COMMUNITY SERVICES DEPARTMENT La RANCHO Date: November 20, 2013 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Nettie Nielsen, Community Services Director By: Melissa Morales, Senior Administrative Secretary Subject: CONSIDERATION OF A RECOMMENDATION FROM THE COMMUNITY SERVICES SUB-COMMITTEE REGARDING AN APPOINTMENT TO THE RANCHO CUCAMONGA COMMUNITY & ARTS FOUNDATION'S BOARD OF DIRECTORS RECOMMENDATION: To approve a recommendation of the City Council Community Services Sub-Committee to re-appoint Bryan Snyder to serve an additional four-year term on the Rancho Cucamonga Community & Arts Foundation's Board of Directors. BACKGROUND: The terms of office for Community &Arts Foundation Secretary/Treasurer Bryan Snyder and Board Member Richard Madsen are scheduled to expire December 31, 2013. At this time, Treasurer Snyder has submitted a letter asking for the City Council's consideration to re- appoint him. Member Madsen has regreffully indicated that he wishes to complete his term and not ask for re-appointment at this time due to other obligations. The City Council Community Services Subcommittee met on November 6, 2013, to discuss the matter. Based on staffs recommendation, they concurred with supporting Mr. Snyder's request to be re- appointed. The Subcommittee also briefly discussed the need to seek additional individuals interested in serving on the fundraising Board which can accommodate a membership of up to 30 members. The Subcommittee, consisting of Mayor Michael and Mayor Pro Tem Spagnolo, will present their full recommendation at the November 20, 2013, City Council meeting. Respectfully submitted, NOth Nettie Nielsen Community Services Director LICOMMSERVICouncil&BoardslCityCouncillStaf fReports120111CommFoundAppts.112013.doc P287 STAFF REPORT h a COMMUNITY SERVICES DEPARTMENT L � RANCHO Date: November 20, 2013 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Nettie Nielsen, Community Services Director By: Melissa Morales, Senior Administrative Secretary Subject: CONSIDERATION OF THE CITY COUNCIL COMMUNITY SERVICES SUBCOMMITTEE'S RECOMMENDATION REGARDING APPOINTMENTS TO THE PARK AND RECREATION COMMISSION RECOMMENDATION: Staff recommends that the City Council approve the City Council Community Services Subcommittee's recommendation to re-appoint Janet Ryerson and Bill Pallotto to serve additional four-year terms on the Park and Recreation Commission and to fill the vacancy for one seat on the Commission. BACKGROUND: The terms of office for Park and Recreation Commission Vice Chair Bill Pallotto, Commissioner Janet Ryerson and Commissioner Michele Jacks are set to expire December 31, 2013. Mr. Pallotto and Ms. Ryerson have both requested consideration to be re- appointed for an additional four-year term. Ms. Jacks submitted a letter indicating, for personal reasons, that she is not seeking re-appointment at this time. The City Council Community Services Subcommittee met on November 6, 2013, to discuss the re- appointments. They expressed their support of the re-appointments and filling the seat to be vacated through an open recruitment process. The Subcommittee will present their full recommendation at the November 20, 2013, City Council meeting. Respectfully submitted, Nettie Nielsen Community Services Director