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2014/10/15 - Agenda Packet
WcIiOI3CAMONGA• 10500 Civic Center Drive � Rancho Cucamonga, CA 91730-3801 City Office: (909)477-2700 AGENDAS FIRE PROTECTION DISTRICT BOARD SUCCESSOR AGENCY PUBLIC FINANCING AUTHORITY CITY COUNCIL TEMPORARY LOCATION Please note that the October 4, 15 and November 5, 2014 City Council/Fire Protection District meetings will be relocated to the Cucamonga Valley Water District.CVWD is located at 10440 Ashford Drive,Rancho Cucamonga CA OCTOBER 15, 2014 ORDER OF BUSINESS CLOSED SESSION Break Room 5:00 P.M. Call to Order Public Communications Conduct of Closed Session City Manager Announcements REGULAR MEETINGS Board Room 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 � , CITY ATTORNEY James L. Markman CITY CLERK Janice C. Reynolds CITY TREASURER James C. Frost It• �t d% INFORMATION FOR THE PUBLIC Ipu io(�UCAMONGA TO ADDRESS THE FIRE BOARD,SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL The Fire Board,Successor Agency, Public Financing Authority 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, Successor Agency, Public Financing Authority 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. Any handouts for the Fire Board, Successor Agency, Public Financing Authority 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. BROADCAST Fire Board, Successor Agency, Public Financing Authority and City Council meetings are broadcast 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 Fire Board,Successor Agency,Public Financing Authority and City Council meet regularly on the first and third Wednesday of the month TEMPORARY LOCATION: Please note that the October 4,15 and November 5,2014 City Council/Fire Protection District meetings will be relocated to the Cucamonga Valley Water District CVWD is located at 10440 Ashford Drive,Rancho Cucamonga CA Members of the City Council also sit as the Fire Board,Successor Agency, Public Financing Authority 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 contact the City Clerk's office at (909) 477-2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. I Please turn off all cellular phones and pagers while the meeting is in session. FIRE PROTECTION DISTRICT, SUCCESSOR ' -:•� AGENCY, PUBLIC FINANCING AUTHORITY 1 L•.:•;'] AND CITY COUNCIL AGENDA .aRieF►ao„,,,, OCTOBER 15, 2014 A. 5:00 P.M. - CLOSED SESSION CALL TO ORDER - CVWD BREAK ROOM IF Al. Roll Call: Mayor Michael Mayor Pro Tern Spagnolo Council Members Alexander, Steinorth and Williams CLOSED SESSION CALLED TO ORDER AS THE CITY COUNCIL. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) IC. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) D. CONDUCT OF CLOSED SESSION - CVWD BREAK ROOM D1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT 12400 ARROW ROUTE (APN 0229-021-60-0000); NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER AND JEFF BLOOM, DEPUTY CITY MANAGER AND OMNITRANS; REGARDING PRICE AND TERMS. — CITY D2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT 9153 NINTH STREET; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER AND LINDA DANIELS, ASSISTANT CITY MANAGER AND RANCHO CUCAMONGA CHAMBER OF COMMERCE; REGARDING PRICE AND TERMS. — CITY D3. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT 5548 BERYL STREET, RANCHO CUCAMONGA, AND GENERALLY REFERRED TO AS THE HERITAGE PARK EQUESTRIAN CENTER; NEGOTIATING PARTIES: NETTIE NIELSEN, COMMUNITY SERVICES DIRECTOR; WILLIAM WITTKOPF, PUBLIC WORKS SERVICES DIRECTOR, CITY OF RANCHO CUCAMONGA AND THE ALTA LOMA RIDING CLUB; REGARDING LEASE TERMS. — CITY D4. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT 8408 ROCHESTER AVENUE, RANCHO CUCAMONGA, AND GENERALLY REFERRED TO AS LOANMART FIELD AT THE EPICENTER ENTERTAINMENT AND ADULT SPORTS COMPLEX; NEGOTIATING PARTIES: NETTIE NIELSEN, COMMUNITY SERVICES DIRECTOR; WILLIAM WITTKOPF, PUBLIC WORKS SERVICES DIRECTOR, CITY OF RANCHO CUCAMONGA; AND BOBBY BRETT, RANCHO BASEBALL, LLC; REGARDING LEASE TERMS. - CITY ��,� FIRE PROTECTION DISTRICT, SUCCESSOR �-•. • AGENCY, PUBLIC FINANCING AUTHORITY 2 L•,_•;J AND CITY COUNCIL AGENDA aviefrO OCTOBER 15, 2014 E. CITY MANAGER ANNOUNCEMENTS (No DISCUSSION OR ACTION WILL OCCUR) F. RECESS CLOSED SESSION TO RECESS TO THE REGULAR FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL MEETINGS AT 7:00 P.M. IN THE CUCAMONGA VALLEY WATER DISTRICT BOARD ROOM, LOCATED AT 10440 ASHFORD STREET, RANCHO CUCAMONGA, CA 91730. G. REGULAR MEETING CALL TO ORDER — 7:00 P.M. CVWD BOARD ROOM 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 1 H1. Update on holiday events and activities at Victoria Gardens. I. PUBLIC COMMUNICATIONS I 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. FIRE PROTECTION DISTRICT, SUCCESSOR r_ ::� •, AGENCY, PUBLIC FINANCING AUTHORITY 3 •. _=:'J AND CITY COUNCIL AGENDA 01CAMONGA OCTOBER 15, 2014 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. 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: October 1, 2014 (Regular Meeting) --- J2. Approval of Check Register dated September 24, 2014 through October 7, 2014 for the 1 total of$583,709.01. J3. Approval to receive and file current Investment Schedule as of September 30, 2014. 12 J4. Approve Contract Amendment No. 003 (CO# FD 13-004) with Vortex Industries to increase 17 the spending limit for the repair of all City and Fire District facilities' overhead doors and gates in an amount not to exceed $90,000 ($40,000 City, $50,000 Fire District) annually to be funded from various City and Fire District accounts as approved in the FY 14/15 budget. K. CONSENT CALENDAR - SUCCESSOR AGENCY K1. Approval of Minutes: October 1, 2014 (Regular Meeting) --- L. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY L1. Approval of Minutes: October 1, 2014 (Regular Meeting) --- FIRE PROTECTION DISTRICT, SUCCESSOR • AGENCY, PUBLIC FINANCING AUTHORITY 4 L . AND CITY COUNCIL AGENDA ,oet1CAMONGA OCTOBER 15, 2014 I= M. CONSENT CALENDAR - CITY COUNCIL Ml. Approval of Minutes: September 24, 2014 (Special Meeting—Senior Services) --- October 1, 2014 (Regular Meeting) M2. Approval of Check Register dated September 24, 2014 through October 7, 2014 and 19 payroll ending October 7, 2014 for the total of $5,464,910.56. M3. Approval to receive and file current Investment Schedule as of September 30, 2014. 30 M4. HISTORIC LANDMARK DESIGNATION DRC2014-00769 - JASON & JULIE LEONARD - A 39 request to designate the Jamison House as a historic landmark within the Low Residential (L) District located at 8204 Archibald Avenue; APN: 020837714. The project is categorically exempt under Section 15331 as a Class 31 exemption of the guidelines for the California Environmental Quality Act. Related Files: Mills Act DRC2014-00770. MILLS ACT DRC2014-00770 - JASON & JULIE LEONARD - A request to implement the 41 use of the Mills Act to reduce property tax for the Jamison House, a potential historic landmark located at 8204 Archibald Avenue; APN: 020837714. The project is categorically exempt under Section 15331 as a Class 31 exemption of the guidelines for the California Environmental Quality Act. Related Files: Landmark Designation DRC2014-00769. RESOLUTION NO. 14-186 55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING HISTORIC LANDMARK DRC2014-00769 DESIGNATING THE JAMISON HOUSE A HISTORIC LANDMARK, LOCATED AT 8204 ARCHIBALD AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 0208-377-14. M5. Consideration of a request to waive up to $561 in fees and authorize staff to prepare a 70 partnership agreement with the Rancho Cucamonga Rotary Club for the 2015 Grape Stomp Sprint Triathlon. M6. Approval to accept and to allocate $5,000 grant awarded by the California State Library into 73 Library Revenue Account 1291000-4740/0-3761 and appropriate $1,000 into Expenditure Account 1291602-5010/0-3761, $250 into Expenditure Account 1291602-5030/0-3761 and $3,750 into Expenditure Account 1291602-5200/0-3761 for"Pop Up and Play!" Project. M7. Approve Contract Amendment No. 003 (CO#2012-009) with ValleyCrest Landscape 75 Maintenance for the removal of designated turf in Landscape Maintenance Districts 1 and 4-R and replacing it with drought tolerant plants and water saving material (mulch) as part of the SoCal WaterSmart Turf Removal Rebate Program sponsored by the Southern California Metropolitan Water District; and increase contract CO#2013-009 to include extra work approved in the FY 14/15 budget for the water conservation and landscape renovation project in LMD 4 in the amount of $248,075.77 (offset by estimated turf rebate of $40,686) in account 1134303-5650/1341787-0; authorize the appropriation of $69,119.40 (offset by estimated turf rebate of $69,202) from LMD 1 fund balance into 1130303-5300. � ' X FIRE PROTECTION DISTRICT, SUCCESSOR .� ,�. AGENCY, PUBLIC FINANCING AUTHORITY 5 L AND CITY COUNCIL AGENDA -Welk) OCTOBER 15, 2014 M8. Approve Contract Amendment No. 003 (CO# FD 13-004) with Vortex Industries to increase 78 the spending limit for the repair of all City and Fire District facilities' overhead doors and gates in an amount not to exceed $90,000 ($40,000 City, $50,000 Fire District) annually to be funded from various City and Fire District accounts as approved in the FY 14/15 budget. M9. Summary Vacation (V-226) of a portion of Charles Smith Avenue, north of 6th Street, 80 submitted by Chase Back Bay, LLC (APN 229-271-33 and 229-284-01) Related files: DRC2006-01012 and DRC2013-00541. RESOLUTION NO. 14-187 82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF 9,337 SQUARE FEET OF EXISTING CITY RIGHT-OF- WAY ON THE EAST SIDE OF CHARLES SMITH AVENUE NORTH OF 6TH STREET (V-226) —APN 229-271-33 AND 229-284-01 M10. Acceptance of Traffic Signal Improvements, file a Notice of Completion for Traffic Signal 86 Improvements and Approval of Master Plan Transportation Facility Reimbursement Agreement, SRA-62, in conjunction with development of Tract 18856, located at the southeast corner of Church Street and Mayten Avenue, submitted by Homecoming V at Terra Vista, LLC and approval to appropriate $300,690.89 from Transportation Fund Balance to account number 11243035650/1026124-0. RESOLUTION NO. 14-188 88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MASTER PLAN TRANSPORTATION FACILITY REIMBURSEMENT AGREEMENT FOR A TRAFFIC SIGNAL AT CHURCH STREET AND MAYTEN AVENUE ADJACENT TO TRACT 18856, SRA-62 RESOLUTION NO. 14-189 89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE TRAFFIC SIGNAL IMPROVEMENTS AT CHURCH STREET AND MAYTEN AVENUE FOR TRACT 18856 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK M11. Accept the bids received and award and authorize the execution of the contract in the 90 amount of $283,861.00, to the lowest responsive bidder, Gentry Brothers, Inc. and authorize the expenditure of a 10% contingency in the amount of $28,386.10, for the Day Creek Channel and Deer Creek Channel Bike Trail Improvements to be funded from Transportation Development Act and City-wide Infrastructure Improvement Funds, Account Nos. 1214303-5650/1827214-0, 1214303-5650/1886214-0, 1198303-5650/1827198-0 and 1198303-5650/1886198-0, and appropriate $85,000.00 to Account No. 1214303- 5650/1827214-0; $86,476.00 to Account No. 1214303-5650/1886214-0; $85,000.00 to Account No. 1198303-5650/1827198-0; and, $72,000.00 to Account No. 1198303- 5650/1886198-0 from Transportation Development Act Fund Balance and City-wide Infrastructure Improvement Fund Balance, respectively, for a total of $328,476.00 (Contract award of $283,861.00 plus 10% contingency in the amount of $28,386.10 and $16,228.90 for incidentals). FIRE PROTECTION DISTRICT, SUCCESSOR ;rS S . AGENCY, PUBLIC FINANCING AUTHORITY 6 L• • ••;J AND CITY COUNCIL AGENDA r , ,o��, AMON OCTOBER 15, 2014 M12. Approve and authorize an increase to Contract No. 09-005 in the amount of $49,060.00 to 93 CASC Engineering and authorize the City Engineer to sign Contract Change Order No. 7 for design, environmental monitoring, and construction support services for the Wilson Avenue improvements between East Avenue and Wardman-Bullock Road and to appropriate $49,060.00 to Account No. 11243035650/1515124-0 from Transportation Fund balance. M13. Approval of the Multi-Use Community Trail Common Use Agreement Amendment No. 3 for 96 the City's use of a portion of the County's Deer Creek Channels' right-of-way between Church Street and Base Line Road, and authorizing the Mayor to sign the agreement. M14. Accept the Sidewalk Improvements at Banyan Street (north side) from Merlot Court to 98 Cantabria Avenue and Beryl Street (west side) from Base Line Road to 19th Street project, Contract No. 14-156 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$95,214.00. RESOLUTION NO. 14-190 101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE SIDEWALK IMPROVEMENTS AT BANYAN STREET (NORTH SIDE) FROM MERLOT COURT TO CANTABRIA AVENUE AND BERYL STREET (WEST SIDE) FROM BASE LINE ROAD TO 19TH STREET PROJECT, CONTRACT NO. 14-156, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK M15. Accept improvements, retain $390.00 of the Faithful Performance Cash Deposit in lieu of a 102 Maintenance Bond and file a Notice of Completion for improvements for DRC2013-00427, located at 5912 Vineyard Avenue submitted by Pruitt Construction Inc. RESOLUTION NO. 14-192 104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2013-00427 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK M16. Approval to declare surplus City-owned miscellaneous vehicles and equipment, office 105 equipment, and computer equipment as surplus. M17. Approval of a Lease and Operators Agreement with Alta Loma Riding Club for the Heritage 113 Park Equestrian Center. FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY 7• • • AND CITY COUNCIL AGENDA �lLV�CF,O aCAMONGA OCTOBER 15, 2014 N. ADMINISTRATIVE HEARING ITEMS II 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. Ordinance No. 870, First Reading, Amendment and Restatement of Selected Titles of the 129 Rancho Cucamonga Municipal Code. ORDINANCE NO. 870 (FIRST READING) 133 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING AND RESTATING TITLES 1 (GENERAL PROVISIONS), 3 (REVENUE AND FINANCE), 5 (BUSINESS TAXES, LICENSES, AND REGULATIONS, 8 (HEALTH AND SAFETY), 9 (PUBLIC PEACE, MORALS AND WELFARE), 10 (VEHICLES AND TRAFFIC), 12 (STREETS, SIDEWALKS AND PUBLIC PLACES), 13 (PUBLIC SERVICES), 15 (BUILDING AND CONSTRUCTION), AND 19 (ENVIRONMENTAL PROTECTION) OF THE RANCHO CUCAMONGA MUNICIPAL CODE. 0. CITY MANAGER'S STAFF REPORTS CITY COUNCIL The following items have no legal publication or posting requirements. 01. Adopt Resolution No. 14-191 establishing an hourly rate of $1.50 per hour for use of City- 137 operated electric vehicle charging station. RESOLUTION NO. 14-191 139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ESTABLISHING AN HOURLY RATE OF $1.50 PER HOUR FOR USE OF THE CITY-OPERATED ELECTRIC VEHICLE CHARGING STATIONS 02. Review of San Bernardino County's Proposal to Adopt Ordinance Implementing Proposition 141 90 and Proposition 110 Property Tax Relief Program. 03. Presentation of Fire District's Annual Department Highlight Video. "' FIRE PROTECTION DISTRICT, SUCCESSOR ••• . AGENCY, PUBLIC FINANCING AUTHORITY 8 AND CITY COUNCIL AGENDA LCAMONGA OCTOBER 15, 2014 P. COUNCIL BUSINESS , The following items have been requested by the City Council for discussion. P1. INTER-AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) P2. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING I R. ADJOURNMENT I 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 October 9, 2014, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. September 24, 2014 RANCHO CUCAMONGA CITY COUNCIL SPECIAL MEETING MINUTES A. CALL TO ORDER I The special meeting of the Rancho Cucamo n 9 a City Council convened in the Rancho Cucamonga Hall at Central Park, located at 11200 Base Line Road, Rancho Cucamonga, California. Mayor L. Dennis Michael called the meeting to order at 9:30 a.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; Linda Daniels, Assistant City Manager; Lori Sassoon, Deputy City Manager/Administrative Services; Jeff Bloom, Deputy City Manager/Economic & Community Development; Nettie Nielsen, Community Services Director; City Treasurer Jim Frost; Robert Neiuber, Human Resources Director; Robert Karatsu, Library Director; Candyce Burnett, Planning Director; Bill Wittkopf, Public Works Services Director; Mark Steuer, Engineering Services Director; Fire Chief Mike Costello; Adrian Garcia, Assistant City Clerk; Daniel Schneider, Superintendent of Sports, Senior Services, Youth, Teen and Human Services; Michelle Perera, Assistant Library Director and Debra McNay, Records Manager/Assistant City Clerk. B. PRESENTATION I B1. City of Rancho Cucamonga Senior Programs & Services Nettie Neilson, Community Services Director, welcomed everyone to the meeting and presented an overview on how the meeting would be conducted. Ryan Samples, Community Services Supervisor made a PowerPoint presentation regarding the various senior programs and services. Robert Karatsu, Library Director continued the Powerpoint presentation with information regarding other services provided to senior citizens. C. ITEMS FOR DISCUSSION I Cl. Round Table Discussions — The Senior Center, Recreation & Social Programs, and Wellness & Fitness Programs Supervisor Samples invited the City Council and the audience to continue the conversation at their table. Facilitators were at each table and the discussion at each table was limited to one of the three topics: Senior center, recreation & social programs and wellness&fitness programs. At the conclusion of this discussion, the facilitator outlined the topics discussed at their table. I D. PUBLIC COMMUNICATIONS Marilyn Burks indicated that someone had called her home over the weekend, indicating that she had never shown for Jury Duty and that there was a warrant for her arrest. The person requested money to correct this matter. * DRAFT * Special Meeting— City Senior Programs and Services 19:30 a.m. —September 24, 2014 City Council Minutes— Page 1 of 2 James McBride stated that he enjoyed the lunch program but pointed out that the use of that particular brand of tartar sauce and margarine were a concern. He suggested that handicapped accommodation be offered in the pool room to allow people in wheelchairs to come close to the table. Lastly, Mr. McBride indicated the lack of a standardized system to help with anti-social behavior. Two women spoke to the City Council.The first one spoke about the need for additional staff to work at the facility. The second woman noted that the heat causes people not to use the playground as the slides, etc. are too hot. She spoke about forming a group of seniors to attend City Council meetings so that the senior citizens have a voice in the City. One man spoke to the City Council. He thanked the Council for holding today's meeting and all of the wonderful amenities at the Senior Citizens Center. E. COUNCIL BUSINESS El. Council Discussion of Senior Center Programs Council Member Steinorth thanked the seniors for participating in today's meeting. He noted that there is always room for improvement and appreciated the topics raised at this meeting. Council Member Alexander indicated that there were some issues raised that warrant further attention. He requested that staff analyze the suggestions and concerns and see what can be improved. Council Member Williams really appreciated the comments made today. She noted the need for patience as some things can be improved but the larger items need to be studied and incorporated into a long term planning process. She concurred with the suggestion that staff analyze the list, and requested that priorities be developed. Mayor Pro Tem Spagnolo enjoyed this morning and stressed that it is the quality, not frequency of communication that is important. He noted that the Senior Center's mission statement needs to be prominently displayed and thanked staff for all of their hard work. Mayor Pro Tem Spagnolo reported that all of the suggestions/concerns will be analyzed to see what can be done to improve the Center. Mayor Michael thanked everyone for corning. He noted that this last year, 2,400 hours of volunteer time was spent at the Center. Mayor Michael reported that various agencies that support the Senior Center and thanked the volunteers and the agencies for their help in implementing the numerous programs. Mayor Michael thanked the firefighters for donating $30,000 for three years to assist with senior programs. He noted that there is a plan in place for expanding this facility. F. ADJOURNMENT I Mayor L. Dennis Michael adjourned the meeting at 11:14 p.m. Respectfully submitted, Debra L. McNay, MMC Assistant City Clerk/Records Manager Approved: * DRAFT * Special Meeting—City Senior Programs and Services 19:30 a.m. —September 24, 2014 City Council Minutes— Page 2 of 2 October 1, 2014 RANCHO CUCAMONGA CITY COUNCIL, FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY CLOSED SESSION, REGULAR MEETINGS MINUTES A. CALL TO ORDER The Rancho Cucamonga City Council held a regular closed session on Wednesday, October 1, 2014 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 Members: Bill Alexander, Diane Williams, Marc Steinorth and Mayor L. Dennis Michael. Mayor Pro Tern Sam Spagnolo was absent. Also present were: John Gillison, City Manager; City Attorney Jim Markman; Linda Daniels, Assistant City Manager; Lori Sassoon, Deputy City Manager/Administrative Services; Jeff Bloom, Deputy City Manager/Economic and Community Development and Robert Neiuber, Human Resource Manager. B. ANNOUNCEMENT OF CLOSED SESSION ITEM The following closed session item was considered: D1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT 12400 ARROW ROUTE (APN 0229-021-60-0000); NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER AND JEFF BLOOM, DEPUTY CITY MANAGER AND OMNITRANS; REGARDING PRICE AND TERMS. — CITY rC. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No public communications were made. E. CITY MANAGER ANNOUNCEMENTS No discussion or actions were taken. l F. RECESS 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. The closed session recessed at 5:30 p.m. with no action taken. * DRAFT * October 1, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 1 of 7 G. REGULAR MEETING CALL TO ORDER - 7:00 P.M. CVWD BOARD ROOM The meetings of the Rancho Cucamonga Fire Protection District, Successor Agency, Financing Authority and City Council reconvened in the Board Room at the Cucamonga Valley Water District, located t 10440 Ashford Drive, Rancho Cucamonga, California. Mayor L. Dennis Michael called the meeting to order at 7:00 p.m. Present were Council Members: Bill Alexander, Diane Williams, Marc Steinorth and Mayor L. Dennis Michael. Mayor Pro Tem Sam Spagnolo was absent. Also present were: John Gillison, City Manager; City Attorney Jim Markman; Linda Daniels, Assistant City Manager; Mark Steuer, City Engineer; Nettie Nielsen, Community Services Director; Lori Sassoon, Deputy City Manager/Administrative Services; Robert Neuiber, Human Resource Director; Ingrid Bruce, GIS/Special Districts Manager, Trang Huynh, Building and Safety Director; Jeff Bloom, Deputy City Manager/Economic&Community Development; Candyce Burnett, Planning Director; Bill Wittkopf, Public Works Services Director; Veronica Fincher, Animal Services Director; Police Chief Tony Onodera, Chief Mike Costello; Debra McNay, Assistant City Clerk/Records Manager and Adrian Garcia, Assistant City Clerk. H. ANNOUNCEMENTS/PRESENTATIONS I H1. Proclamation Declaring Friday, October 3, 2014 Manufacturers Day. Mayor Michael presented a proclamation to the Rancho Cucamonga Chamber of Commerce declaring Friday, October 3, 2014 as Manufacturers Day. H2. Recognition of the Youth Sports Advisory Committee Groups for their commitment to maintain sports fields at community parks. Mayor Michael provided certificates of appreciation to the Youth Sports Advisory Committee members. H3. Fire Department Open House. Kelley Donaldson, Community Affairs Coordinator, announced the upcoming Fire Department Open House. I. PUBLIC COMMUNICATIONS I 11. Bill Hanlon spoke about the number of political signs in the City. He expressed a concern with the recent rate increase process with Burrtec. Mr. Hanlon indicted that new leadership was needed and encouraged everyone to vote for Mr. Moffatt. 12. Jim Heitman announced upcoming Rancho Cucamonga Chamber of Commerce events. 13. James McGuire inquired on the toxicity of Red Hill Park Lake. He noted that a lot of money was spent to achieve a No Kill shelter, to no avail. 14. Melissa Schwiegert spoke about two stray Pomeranians that were reclaimed by their owner at the Center. She expressed a concern that the microchips were not initially scanned. * DRAFT * October 1, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 2 of 7 15. Vicky Reust continued to speak about the Pomeranians and the need for the owner to pay fines and surgery necessary for one of the dogs. She indicated that licensing is occurring without checking for a rabies vaccination. 16. Allison Kreider continued the report, noting that a six month quarantine was initially placed and then removed on one of the dogs while the animal was scheduled for surgery. She also indicated that records have been altered at the Center. 17. Dana Keithly continued discussing the matter and spoke about discrepancies in the reports provided as a result of Public Record Act requests. 18. Sandra Wooley expressed a concern with political signs, and stressed the need for additional regulations. 19. David Dysktra compared the lapse of security at the White House to the actions taken at the Animal Care and Adoption Center. 110.John Lyons reported that October is Breast Cancer Awareness Month,spoke highly about the Animal Care and Adoption Center and encouraged everyone to participate in the November election. 111. Susan Keithly expressed a concern with the Furry Friends Festival being moved to Central Park. Also, she noted that a full time vet was needed. Lastly, Mrs. Keithly invited the City Council to watch the film, Redemption. 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 1 J1. Approval of Minutes: September 17, 2014 (Regular Meeting) J2. Approval of Check Register dated September 10,2014 through September 23,2014 for the total of$52,487.83. J3. Authorization to award a contract to Pictometry of Rochester NY, through a piggyback procurement with the County of Los Angeles, in the amount of $76,915.50 for the purchase of digital aerial data product and services for the Fire Protection District, and to appropriate $32,920.00 from Fire District Capital Reserves into Account No. 3288501-5300 (Contract Services) to supplement partial funding included in the FY 2014/15 Adopted Budget. J4. Release of Maintenance Guarantee Bond No. M4388013 in the amount of $21,878.26, for the Hellman Fire Station (177) Landscaping Project, Contract No. FD12-126. J5. Approval to accept the "2014 Local Agency Biennial Notice" pertaining to the District's Conflict of Interest Code. MOTION: Moved by Williams, seconded by Alexander,to approve the staff recommendations in the staff reports. Motion carried 4-0-1-0 (Mayor Pro Tern Spagnolo was absent). K. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY I * DRAFT * October 1, 20141 Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga 1 City Council Minutes 1 Page 3 of 7 K1. Approval of Minutes: September 17, 2014 (Regular Meeting) MOTION: Moved by Alexander, seconded by Williams, to approve the minutes. Motion carried 4-0-1-0 (Mayor Pro Tern Spagnolo was absent). L. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY I L1. Approval of Minutes: September 17, 2014 (Regular Meeting) MOTION: Moved by Steinorth, seconded by Williams, to approve the minutes. Motion carried 4-0-1-0 (Mayor Pro Tern Spagnolo was absent). M. CONSENT CALENDAR - CITY COUNCIL I M1, Approval of Minutes: September 17, 2014 (Special Meeting) September 17, 2014 (Regular Meeting) M2. Approval of Check Register dated September 10, 2014 through September 23, 2014 and payroll ending September 23, 2014 for the total of $3,900,473.12. M3. Accept Hermosa Avenue Pavement Rehabilitation from Main Street to Arrow Route, Contract No. 14-157 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 $142,598.98. RESOLUTION NO. 14-181 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE HERMOSA AVENUE PAVEMENT REHABILITATION FROM MAIN STREET TO ARROW ROUTE, CONTRACT NO. 14-157 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK M4. Accept FY 12/13 through FY 14/15 ADA Ramps at Various Locations project, Contract No. 14- 091 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$314,373.46,and approve an appropriation of$15,412.00 to Gas Tax RT7360 Fund,Account No. 1174303-5650/1022174- 0 from Gas Tax RT7360 fund balance. RESOLUTION NO. 14-182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE FY 12/13 THROUGH FY 14/15 ADA RAMPS AT VARIOUS LOCATIONS PROJECT, CONTRACT NO. 14-091 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK M5. Approval of a reimbursement in the amount of $122,978.05 to the County of San Bernardino Flood Control District that will serve to transfer the Regional Mainline Drainage Fees collected by the City of Rancho Cucamonga, as provided for in Agreement No. CO-02-139 to meet the City's funding obligation for the Etiwanda/San Sevaine Creek Improvement Project, and approval of an appropriation of$122,978.05 to Account No. 1114303-5650/1358114-0 from the Drainage - Etiwanda/San Sevaine (Fund 114) fund balance. M6. Approval of ordering the annexation to Landscape Maintenance District No. 1 (General City)and Street Lighting Maintenance District Nos. 1 (Arterial Streets)and 2(Local Streets)for DRC2013- 01001, located 10386 Vivienda Street submitted by He Wang. * DRAFT * October 1, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 4 of 7 RESOLUTION NO. 14-183 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY) FOR DRC2013-01001 RESOLUTION NO. 14-184 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 DRC2013-01001 RESOLUTION NO. 14-185 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS) FOR DRC2013-01001 M7. Authorization to award a single source purchase to Vigilant Solution Inc. of Livermore, California in the amount of $223,970.00 for the purchase of ten (10) Mobile Automated License Plate Reader (ALPR) Four-camera systems to be installed on Police Department Vehicles; and authorization to appropriate $193,970.00 into Account Number 1354701-5603 (Capital Outlay- Equipment) and $30,000 into Account Number 1354701-5300 (Contract Services) from the COPS Program Grant-State Fund balance. M8. Approval to proceed with amendments to the City's 2014 Conflict of Interest Code. MOTION: Moved by Alexander, seconded by Williams,to approve the staff recommendations in the staff reports. Motion carried 4-0-1-0 (Mayor Pro Tern Spagnolo was absent). N. CONSENT ORDINANCES I The following Ordinances have been introduced for first reading. Second readings are expected to be routine and non-controversial. The City Council will act upon them at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion by a Council Member. N1. Environmental Assessment and Zoning Map Amendment DRC2013-00887 — Manning Homes: A request to change the zoning designation of part of a property about 7.16 acres located between Archibald Avenue and Ramona Avenue, at the north side of the Pacific Electric Inland Empire Trail, about 1,400 feet north of Base Line Road from Low Medium (LM) Residential to Medium (M) Residential District in conjunction with a proposed 46-lot subdivision; APN: 1076-181-01. Related files: Pre-Application Review DRC2013-00545, Tentative Tract Map SUBTT18912, Development Review DRC2013-01083, Tree Removal Permit DRC2013-00889, and Minor Exception DRC2014-00161. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Environmental Assessment and Development Code Amendment DRC2014-00626 — Manning Homes: A request to amend the Development Code to incorporate development standards such as minimum lot dimensions, setbacks, lot coverage, etc. for single-family residential development within the Medium (M) Residential Districts. Related files: Pre-Application Review DRC2013-00545, Tentative Tract Map SUBTT18912, Zoning Map Amendment DRC2013-00887, Development Review DRC2013-01083, Tree Removal Permit DRC2013- 00889, and Minor Exception DRC2014-00161. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. * DRAFT * October 1, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 5 of 7 ORDINANCE CE N O. 868 (SECOND READING) A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A ZONING MAP AMENDMENT TO CHANGE THE ZONING DESIGNATION OF PART OF A PROPERTY OF ABOUT 7.16 ACRES LOCATED BETWEEN ARCHIBALD AVENUE AND RAMONA AVENUE, AT THE NORTH SIDE OF THE PACIFIC ELECTRIC INLAND EMPIRE TRAIL, ABOUT 1,400 FEET NORTH OF BASE LINE ROAD FROM LOW MEDIUM (LM) RESIDENTIAL TO MEDIUM (M) RESIDENTIAL DISTRICT; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1076-181-01. ORDINANCE NO. 869 (SECOND READING) A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2014-00626, A REQUEST TO AMEND THE DEVELOPMENT CODE TO INCORPORATE DEVELOPMENT STANDARDS SUCH AS MINIMUM LOT DIMENSIONS, SETBACKS, LOT COVERAGE, ETC. FOR SINGLE-FAMILY RESIDENTIAL DEVELOPMENT WITHIN THE MEDIUM (M) RESIDENTIAL DISTRICTS; AND MAKING FINDINGS IN SUPPORT THEREOF. The Assistant City Clerk/Records Manager read the titles of Ordinance No. 868 and 869. MOTION: Moved by Williams, seconded by Steinorth, to adopt Ordinance Nos. 868 and 869. Motion carried 4-0-1-0 (Mayor Pro Tem Spagnolo was absent). 0. CITY MANAGER'S STAFF REPORT CITY COUNCIL The following items have no legal publication or posting requirements. 01. Update on regional transportation projects. (Oral Report) Candyce Burnett, Planning Director and provided the staff report. P. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. P1. INTER-AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) Mayor Michael reported on today's meeting of the San Bernardino Associated Governments. P2. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) Council Member Alexander indicated that he would be attending the showing of "Redemption" and encouraged others to see the movie. * DRAFT * October 1, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 6 of 7 IQ. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified. IR. ADJOURNMENT The meeting was adjourned at 8:19 p.m. Respectfully submitted, Debra L. McNay, MMC Assistant City Clerk/Records Manager Approved: * * * * * * DRAFT * October 1, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 7 of 7 CITY OF' RANCHO CUCAMONGA P1 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 9/24/2014 through 10/7/2014 Check No. Check Date Vendor Name City lire Amount AP 00351475 09/24/2014 A&V SOFTBALL 3,213.00 0.00 3,213.00 Al' 00351476 09/24/2014 ABI-ETRONICS 25.43 0.00 25.43 AP 00351477 09/24/2014 ACME BALLOON COMPANY 1,107.00 0.00 1,107.00 AP 00351478 09/24/2014 AIR EXCHANGE INC 0.00 128,488.17 128,488.17 AP 00351479 09/24/2014 ALL CITY MANAGEMENT SERVICES INC. 20.651.70 0.00 20.651.70 Al' 00351480 09/24/2014 ALLIANT INSURANCE SERVICES INC. 285.00 0.00 285.00 AP 00351481 09/24/2014 ALLIED BARTON SECURI'T'Y SERVICES LLC 18.856.60 0.00 18.856.60 Al' 00351482 09/24/2014 AMERICAN ASPHALT SOUTH INC 40.237.10 0.00 40.237.10 AP 00351483 09/24/2014 AMTECI'I ELEVATOR SERVICES 223.71 0.00 223.71 Al' 00351484 09/24/2014 AROC110.ALMA 1.041.00 0.00 1,041.00 AI' 00351485 09/24/2014 ARROW TRAILER SUPPLIES INC 105.73 0.00 105.73 AP 00351486 09/24/2014 AT&T MOBILITY _ 0.00 72.53 72.53 Al' 00351487 09/24/2014 AUNTIE M CREATIVE CONSULTANTS INC. 2,362.34 0.00 2.362.34 AP 00351488 09/24/2014 AUTO AND RV SPECIALISTS INC. 64.70 0.00 64.70 Al' 00351489 09/24/2014 AVANTS.MARGE 225.00 0.00 225.00 AP 00351490 09/24/2014 BALD/ FIRE AND SAFETY 106.50 0.00 106.50 AI' 00351491 09/24/2014 BALLOONS N'MORE 332.10 0.00 332.10 AI' 00351492 09/24/2014 BANK OF AMERICA MERRILL I.YNCII 0.00 226.079.95 226.079.95 AP 00351493 09/24/2014 13ARRET°. RAQUEL M. 769.00 0.00 769.00 Al' 00351494 09/24/2014 BARRIENTOS,NELLIE 250.00 0.00 250.00 AP 00351195 09/24/2014 BATTERY POWER INC 245.58 0.00 245.58 Al' 00351496 09/24/2014 BOOKE.CHRIS'T'OPHER 975.00 0.00 975.00 AP 00351497 09/24/2014 BOUND TREE MEDICAL LLC. 15.39 0.00 15.39 AP 00351498 09/24/2014 13REMER WIIYTE BROWN&O'MEARA LLI' 1.094.90 0.00 1.094.90 AP 00351499 09/24/2014 13ROMAGE,JEFFREY 500.00 0.00 500.00 AP 00351500 09/24/2014 BROOKS.TA UN 73.92 0.00 73.92 Al' 00351501 09/24/2014 BROWN.KIMBERLY 77.00 0.00 77.00 AP 00351502 09/24/2014 BURT.RYAN 84.00 0.00 84.00 AP 00351503 09/24/2014 CALIFORNIA FACTORS& FINANCE 4.743.14 0.00 4.743.14 AI' 00351504 09/24/2014 CALIFORNIA SHOPPING CART RETRIEVAL CORP 145.00 0.00 145.00 AP 0035 1505 09/24/2014 CALI'ERS 117.944.98 7.115.83 125-060.81 *** AP 00351506 09/24/2014 CAMPBELL.STEVEN 0.00 400.00 400.00 Al' 00351507 09/24/2014 CAMPOS XCLUSIVE 1.750.00 0.00 1,750.00 AI' 00351508 09/24/2014 CAPTI-AI.ONE COMMERCIAL 0.00 460.34 460.34 AP 00351509 09/24/2014 CARQUEST AUTO PARTS 411.25 0.00 411.25 AP 00351510 09/24/2014 CCS ORANGE COUNTY JANITORIAL INC. 6,498.00 0.00 6.498.00 Al' 00351511 09/24/2014 CDW-G 0.00 172.02 172.02 AP 00351512 09/24/2014 CHAMPION AWARDS AND SPECIALTIES 25.92 0.00 25.92 AP 00351513 09/24/2014 CHEMSEARCH 560.65 0.00 560.65 Al' 00351514 09/24/2014 CINTAS CORP.4150 1.751.46 0.00 1.751 46 Al' 00351515 09/24/2014 CIRIACKS.VALERIE ANN 90.00 0.00 90.00 AI' 00351516 09/24/2014 CLARK,KAREN 756.00 0.00 756.00 Al' 00351517 09/24/2014 CLEAN ENERGY 11.135.64 0.00 11,135.64 AP 00351518 09/24/2014 CLEAR COAST INC 160.00 0.00 160.00 AP 00351519 09/24/2014 COCHEREL.1., DOREEN 76.80 0.00 76.80 Al' 00351520 09/24/2014 COHIBA CIGAR BOUTIQUE 376.78 0.00 376.78 Al' 00351521 09/24/2014 COLUMBIA CASCADE COMPANY 276.80 0.00 276.80 User: VLOPEZ- VERONICA LOPEZ Page: 1 Current Date: 10/08/2014 Report:CK AGENDA REG PORTRAIT CONSOLIDATED- CK: Agenda Check Register Portrait I. Time: 16:49:17 CITY OF RANCHO CUCAMONGA P2 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 9/24/2014 through 10/7/2014 • Check No. Check Date Vendor Name City Fire Amount AI' 00351522 09/24/2014 CPRS 150.00 0.00 150.00 AP 00351523 09/24/2014 D AND K CONCRETE COMPANY 257.04 0.00 257.04 AI' 00351524 09/24/2014 DELANEY, DANAE 50.00 0.00 50.00 AI' 00351525 09/24/2014 DEPARTMENT OF INDUSTRIAL RELATIONS 225.00 0.00 225.00 Al' 00351526 09/24/2014 DEPARTMENT OE JUSTICE 2,905.00 0.00 2,905.00 Al' 00351527 09/24/2014 DLIMAGING 81.10 0.00 81.10 AP 00351528 09/24/2014 DOLLARHIDE,GINGER 156.00 0.00 156.00 Al' 00351529 09/24/2014 DUGUAY,.TOE 6.72 0.00 6.72 AP 00351530 09/24/2014 DUMDELL MAN FITNESS EQUIPMENT,THE 150.00 0.00 15090 Al' 00351531 09/24/2014 DUNN,ANN MARIE 768.00 0.00 768.00 AI' 00351532 09/24/2014 EARLEY. IDA 339.60 0.00 339.60 Al' 00351533 09/24/2014 EASTERLING,RAY 288.00 0.00 288.00 AP 00351534 09/24/2014 ECHEVARRIA.VANESSA 30.00 0.00 30.00 Al' 00351535 09/24/2014 EXI'ERIAN 52.00 0.00 52.00 Al' 00351536 09/24/2014 FCLO MUSIC THEATRE 457.00 0.00 457.00 Al' 00351537 09/24/2014 FEDERAL EXPRESS CORD 50.50 0.00 50.50 AP 00351538 09/24/2014 FIVE STAR MUSIC R EFFECTS 250.00 0.00 250.00 Al' 00351539 09/24/2014 FLAG SYSTEMS INC. 2.650,00 0.00 2.650.00 Al' 00351540 09/24/2014 FRIA.JOE 180.00 0.00 180.00 Al' 00351541 09/24/2014 GILKEY,JOHN 300.00 0.00 300.00 AP 00351542 09/24/2014 GIORDANO,MARIANNA 105.60 0.00 105.60 Al' 00351543 09/24/2014 GOINS.GALE 344.00 0.00 344.00 AP 00351544 09/24/2014 GOLDEN STAR TECHNOLOGY INC 1099.93 0.00 2,099.93 AP 00351545 09/24/2014 GOLDEN STATE ESCROW INC. 39.695.00 0.00 39.695.00 Al' 00351546 09/24/2014 GOODYEAR TIRE& RUBBER COMPANY 524.02 0.00 524.02 Al' 00351547 09/24/2014 GRAINGER 1.207,18 0.01) 1207.18 Al' 003515/8 09/24/2014 GREG RUEIN-CONSULTANT 506.00 0.00 506.00 Al' 00351549 09/24/2014 HAAKER EQUIPMENT CO 763.00 0.00 763.00 Al' 00351550 09/24/2014 IIABER,JULIE 50.00 0.00 50.00 Al' 00351551 09/24/2014 HAMILTON. MONIQIJE 960.00 0.00 960.00 Al' 00351552 09/24/2014 HAMPTON YOGA 804.00 0.00 804.00 AP 00351553 09/24/2014 HARLOW. STEPHEN 86.00 • 0.00 86.00 Al' 00351554 09/24/2014 HERITAGE EDUCATION GROUP 231.00 0.00 231.00 AP 00351555 09/24/2014 III WAY SAFETY INC 159.57 0.00 159.57 Al' 00351556 09/24/2014 HOME DEPOT CREDIT SERVICES 645 815.35 0.00 815.35 Al' 00351557 09/24/2014 HOPE COUNSELING& FAMILY TIIERAPY 250.00 0.00 250.00 AI' 00351558 09/24/2014 HOSE HEAVEN 536.33 0.00 536.33 AP 00351559 09/24/2014 HOT 5110TS ATHLETIC APPAREL INC. 183.12 0.00 183.12 AI' 00351560 09/24/2014 I10YT,TIMOTHY 0.00 130.00 130.00 AP 00351561 09/24/2014 INLAND PRESORT& MAILING SERVICES 142.22 0.00 142.22 AI' 00351562 09/24/2014 INTEGRITY DOOR& HARDWARE INC 2,276.46 0.00 2,276.46 Al' 00351563 09/24/2014 JACOBSEN WEST 3,241.95 0.00 3,241.95 AP 00351564 09/24/2014 JDC INC 69.547.45 0.00 69.547.45 AP 00351565 09/24/2014 JM SERVICES 4.750.00 0.00 4.750.00 Al' 00351566 09/24/2014 JONES AND MAYER.LAW OFFICES OF 9,392.00 0.00 9,392.00 AP 00351567 09/24/2014 JONES, PAMELA 86.00 0.00 86.00 Al' 00351568 09/24/2014 K. HOVNANIAN HOMES 84.154.65 0.00 84.54.65 User: VLOPEZ- VERONICA LOPEZ Page: 2 Current Date: 10/08/2014 Report:CK AGENDA REG PORTRAIT CONSOLIDATED - CK: Agenda Check Register Portrait I Time: 16:49:17 CITY OF RANCHO CUCAMONGA P3 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 9/24/2014 through 1 0/7/2014 • Check No. Check Date Vendor Name City Fire Amount • Al' 00351569 09/24/2014 KENT HARRIS TRUCKING& MATERIALS 1,330.25 0.00 1,330 25 AI' 00351570 09/24/2014 KINETIC LIGHTING INC 890.00 0.00 890.00 AP 00351571 09/24/2014 KUBZANSKY,JESSICA 1,067.00 0.00 1,067.00 AP 00351572 09/24/2014 LIEBERT CASSIDY WHITMORE 5.281.20 4,287.20 9.568.40 "' Al' 00351573 09/24/2014 LORAN,CARLETTA 147.02 0.00 147.02 Al' 00351574 09/24/2014 LOS ANGELES TIMES 416.00 0.00 416.00 Al' 00351575 09/24/2014 MARIN.NORMA 92.00 0.00 92.00 AP 00351576 09/24/2014 MARIPOSA LANDSCAPES INC: 37,244.93 1,195.12 38,440.05 *** Al' 00351577 09/24/2014 MARK CI'IRISTOPIIER INC 209.57 0.00 209.57 AP 00351578 09/24/2014 MARTINEZ UNION SERVICE 540.00 0.00 540.00 AP 00351579 09/24/2014 MATHESON.AARON 1,000.00 0.00 1,000.00 AI' 00351580 09/24/2014 MCMASTER CARR SUPPLY COMPANY 552.62 0.00 552.62 Al' 00351581 09/24/2014 MIDWEST'TAPE 41.97 0.00 41.97 AP 00351582 09/24/2014 MILANETPO. MARSHA 60.00 0.00 60.00 AP 00351583 09/24/2014 MITSUBISHI ELECTRIC& ELECTRONICS USA INC 626.95 0.00 626.95 Al' 00351584 09/24/2014 MOUNTAIN VIEW SMALL ENG REPAIR 511.48 0.00 511,48 Al' 00351585 09/24/2014 MRB DEER CREEK CAR WASH 300.00 0.00 300.00 AP 00351586 09/24/2014 MUNOZ. LUIS 70.70 0.00 70.70 Al' 00351587 09/24/2014 NAKAMURA_JENNIFER 133.28 0.00 133.28 AI' 00351588 09/24/2014 NAPA AU'T'O PARTS 148.93 0.00 148.93 AP 00351589 09/24/2014 OCCUPATIONAL IIEALII'I CTRS OF CA 40.50 668.41 708.91 m AP 00351590 09/24/2014 OFFICE DEPOT 458.82 0.00 458.82 Al' 00351591 09/24/2014 ONTRAC 48.25 0.00 48.25 Al' 00351592 09/24/2014 ORONA. PATRICIA 1,725.00 0.00 1.725.00 AP 00351593 09/24/2014 OTT. LAURA 180.00 0.00 180.00 Al' 0035 1594 09/24/2014 OTT,SHARON 468.00 0.00 468.00 Al' 00351595 09/24/2014 PACHECO.ART 975.00 0.00 975.00 Al' 00351596 09/24/2014 PACIFIC PARKING SYSTEMS INC - 190.00 0.00 190.00 Al' 00351597 09/24/2014 PACIFIC TRUCK EQUIPMENT 192.35 0.00 192.35 Al' 00351598 09/24/2014 PACIFIC UTILITY INSTALLATION INC 134.00 0.00 134.00 AP 00351599 09/24/2014 PEPE'S TOWING SERVICE 55.00 0.00 55.00 Al' 00351600 09/24/2014 I'PINI X CREATIVE GROUP 8,750.00 0.00 8.750.00 AP 00351601 09/24/2014 PIERSON.DINAI I 36.04 0.00 36.04 AP 00351602 09/24/2014 PITASSI ARCHITECTS INC 10.164.75 0.00 10,164.75 Al' 00351603 09/24/2014 PORAC 120.00 0.00 120.00 Al' 00351604 09/24/2014 PORAC LEGAL DEFENSE FUND 166.50 0.00 16650 Al' 00351605 09/24/2014 PREMIER WORLD DISCOVERY LIE 3538.00 0.00 3538.00 AP 00351606 09/24/2014 PRIDE LAUNDRY SYSTEMS INC 124.50 0.00 12450 AP 00351607 09/24/2014 PRO SALES GROUT' INC 41.17 0.00 41.17 AI' 00351608 09/24/2014 PRO-PLANET INDUSTRIAL,SUPPLY 1,632.28 0.00 1.632.28 AP 00351609 09/24/2014 PROPER'DISTRIBUTORS INC 2.055.95 0.00 2.055.95 Al' 00351610 09/24/2014 PUBLIC SURPLUS 0.23 213.14 213.37 '" AP 00351611 09/24/2014 R H F INC 477.20 0.00 477.20 AI' 00351612 09/24/2014 RACKED AND READY STEEL 150.00 0.00 150.00 Al' 00351613 09/24/2014 RAMOS,CAMILA 59.00 0.00 59.00 AP 00351614 09/24/2014 RANCHO CUCAMONGA FON TANA FAMILY YMCA 18.231.04 0.00 18.231.04 Al' 00351615 09/24/2014 RANCHO REGIONAL VETERINARY HOSPITAL INC 1,129.05 0.011 1.129.05 User: VLOPEZ- VERONICA LOPEZ Page: 3 Current Date: 10/08/2014 Report: CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait t Time: 16:49:17 CITY OF RANCHO CUCAMONGA P4 AND • RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Cheek Register 9/24/2014 through 10/7/2014 Check No. Check Date Vendor Name Citl, Fire Amount AP 00351616 09/24/2014 RBM LOCK AND KEY SERVICE 91.53 0.00 91.53 Al' 00351617 09/24/2014 RICHARDS WATSON AND GERSHON 1,468.14 3,144.70 4,612.84*** AI' 00351618 09/24/2014 RIPPETOE LAW P C 21,778.69 0.00 21,778,69 AP 00351619 09/24/2014 RIZZI.TREFONI MICHAEL 854.00 0.00 854.00 Al' 00351620 09/24/2014 ROBLES. RAUL P 335.00 0.00 335.00 AP 00351621 09/24/2014 ROSS.ALRITO 19.00 0.00 19.00 AI' 00351622 09/24/2014 SALAZAR. LUCY 80.00 0.00 80.00 AP 00351623 09/24/2014 SAN BERNARDINO COUNTY DEPT PUBLIC WORKS 50.61 0.00 50.61 AP 00351624 09/24/2014 SAN BERNARDINO CTY AUDITOR CONTROLLER REC( 100.00 0.00 100.00 AP 00351625 09/24/2014 SAN BERNARDINO CTY OFFICE OF THE ASSESSOR 840.00 . 0.00 840.00 AP 00351626 09/24/2014 SC FUELS 27,660.27 0.00 27,660.27 AP 00351627 09/24/2014 SECURITY BANK OF CALIFORNIA 0.00 11.898.95 11.898.95 Al' 00351628 09/24/2014 SENECHAL.CALVIN 600.00 0.00 600.00 AP 00351629 09/24/2014 SHRED IT 161.85 0.00 161.85 AP 00351630 09/24/2014 SIEMENS INDUSTRY INC 2.673,45 0.00 2,673.45 AI' 00351631 09/24/2014 SIGMANEI' 8.800,00 0,00 8.800.00 Al' 00351632 09/24/2014 SILVER. EDNA 720.00 0.00 720.00 AP 00351633 09/24/2014 SMITIL JAYMI LEE 854.00 0.00 854.00 Al' 00351634 09/24/2014 SO CALIF GAS COMPANY 0.00 239.46 239.46 Al' 00351635 09/242014 SOCIAL,VOCATIONAL.SERVICES 3,080.00 0.00 3.080,00 AP 00351636 09/24/2014 SOCRA'I'A 1.500,00 0.00 1,500.00 AP 00351640 09/24/2014 SOUTHERN CALIFORNIA EDISON 21.381.13 0.00 21.381.13 AP 00351641 09/24/2014 SOUTHLAND FARMERS MARKET ASSOC INC 208.00 0.00 208.00 AI' 00351642 09/24/2014 SOUTHLAND FARMERS MARKET ASSOC INC 896.00 0.00 896.00 Al' 00351643 0924/2014 SOUTHLAND SPORTS OFFICIALS 368.00 0.00 368.00 AP 00351644 09/24/2014 SI'ARKLETTS 364.91 0,00 364.91 AP 00351645 09/24/2014 S'T'ANDARD INSURANCE COMPANY 15,721.20 0.00 15.721,20 Al' 00351646 09/24/2014 STEUER. 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PAT 35,00 0.00 35.00 User: VLOPEZ - VERONICA LOPEZ Page: 4 Current Date: 10/08/2014 Report:CK AGENDA REG PORTRAIT CONSOLIDATED -CK: Agenda Check Register Portrait I Time: 16:49:17 CITY OF RANCHO CUCAMONGA P5 • AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 9/24/2014 through 10/7/2014 Check No. Check Date Vendor Name City Fire Amount AP 00351670 09/24/2014 WAXIE SANI'T'ARY SUPPLY 8,510.05 0.00 8,510.05 AP 00351671 09/24/2014 YOUNG.KENNY 250.00 0.00 250.00 AP 00351672 09/24/2014 ZEE MEDICAL INC 144.06 0.00 144.06 AP 00351673 09/25/2014 ABC LOCKSMITHS 293.79 0.00 293.79 AP 00351674 09/25/2014 AGILINE LLC 3200.00 0.00 3,200.00 Al' 00351675 09/25/2014 AIRGAS USA LLC 161.87 0.00 161.87 AP 00351676 09/25/2014 AUTO BODY 2000 233.90 0.00 233.90 Al' 00351677 09/25/2014 BRODART BOOKS 1.99(7.60 0.00 1.990.60 Al' 00351678 09/25/2014 CALSENSE 318.60 0.00 318.60 AI' 00351679 09/25/2014 CITRUS MOTORS ON'T'ARIO INC 0.00 118.79 118.79 Al' 00351681 09/25/2014 CUCAMONGA VALLEY WATER DISTRICT 1 17.79250 366.55 118.159.05 *** Al' 00351682 09/25/2014 DUNN EDWARDS CORPORATION 1,080.06 223.11 1.303.17 *** AP 00351683 09/25/2014 EMCOR SERVICE 23.914.75 0.00 23.914.75 AP 00351684 09/25/2014 ESI ACQUISITIONS INC 0.00 14.564.00 14,564.00 AP 00351685 09/25/2014 EWING IRRIGATION PRODUCTS 1,383.05 0.00 1383.05 AP 00351686 09/25/2014 FORD OF UPLAND INC 806.39 0.00 806.39 Al' 00351687 09/25/2014 HOLLIDAY ROCK CO INC 1.416.41 0.00 1.416.41 AI' 00351688 09/25/2014 HYDRO SCAPE PRODUCTS INC 2.114.81 0.00 2.114.81 AP 00351689 09/25/2014 ORKIN PEST CONTROL 2520.66 0.00 2.520.66 AP 00351690 09/25/2014 TOMARK SPORTS INC 1,734.99 0.00 1,734.99 AP 00351691 09/25/2014 VISTA PAINT 52.88 0.00 52.88 AP 00351692 09/25/2014 BELL. MICHAEL L. 0.00 1.504.93 1.504.93 AP 00351693 09/25/2014 BRYAN, PETER 0,00 1.067.00 1.067.00 AP 00351694 09/25/2014 LONCAR. PHILIP 0.00 964.58 964.58 Al' 00351695 09/25/2014 WALKER. 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DIANE 676.80 0.00 676.80 AP 00351733 10/01/2014 CASTILLO, FRANCISCO 486.90 0.00 486.90 AP 00351734 10/01/2014 CDW-G 683.26 230.30 913.56*** AP 00351735 10/01/2014 CHARTER COMMUNICATIONS 256.92 513.84 770.76*** Al' 00351736 10/01/2011 CHILTON.GABRIELLE 552.00 0.00 552.00 Al' 00351737 10/01/2014 CITY RENTALS 301.53 0.00 301.53 AI' 00351738 10/01/2014 CLARK.KAREN 842.40 0.00 842.40 AP 00351739 10/01/2014 CLEAN ENERGY 4.237.79 0.00 4237.79 AP 00351740 10/01/2014 COBB.AI.ONZO 120.00 0.00 120.00 Al' 00351741 10/01/2014 COLEMAN.DE ANNA 132.00 0.00 132.00 AP 00351742 10/01/2014 COMBINED MARTIAL SCIENCE INC 2.088.20 0.00 2.088.20 AP 00351743 10/01/2014 CONFIREJPA 0.00 50.254.43 50.254.43 Al' 00351744 10/01/2014 CORTEZ,KIYOSIII 26.10 0.00 26.10 AI' 00351745 10/012014 COSTAR REALTY INFORMATION INC 885.00 0.00 885.00 AP 00351746 10/01/2014 CRIME SCENE STERI-CLEAN LLC 540.00 0.00 540.00 AP 00351747 10/01/2014 D& D SERVICES INC. 430.00 0.00 430.00 AP 00351748 10/012014 DAGI-IDEVIRIAN.KATIIY 476.10 0.00 476.10 Al' 00351749 10/01/2014 DANCE TERRIFIC 622.65 0.00 622.65 AP 00351750 10/01/2014 DANIELS TIRE SERVICE 0.00 1.705.18 1.705.18 Al' 00351751 10/01/2014 DIAMOND ENVIRONMENTAL SERVICES 237.40 0.00 237.40 AP 00351752 10/01/2014 DIAZ.CESAR 247.48 0.00 247.48 AP 00351753 10/01/2014 DIAZ.RAUL 425.00 0.00 425.00 AP 00351754 10/01/2014 DLT SOLUTIONS INC 3.665.10 0.00 3,665.10 AP 00351755 10/01/2014 DOWNEY.JENNIFER 10.78 0.00 10.78 Al' 00351756 10/01/2014 DUMBELL MAN FITNESS EQUIPMENT.TI IF 0.00 600.00 600.00 AP 00351757 10/01/2014 DUNN. ANN MARIE 604.80 0.00 604.80 AP 00351758 10/01/2014 EAGLES WINGS MINISTRIES 500.00 0.00 500.00 AP 00351759 10/01/2014 ENGLISH. KEVIN 40.00 0.00 40.00 AP 00351760 10/01/2014 ENTERSECT CORD 79.00 0.00 79.00 AP 00351761 10/01/2014 FELICIANO,ANTHONY 48.00 0.00 48.00 Al' 00351762 10/01/2014 FREQUENT FLYER XTREME GYMNASTICS 547.05 0.00 547.05 AP 00351763 10/01/2014 0 AND M BUSINESS INTERIORS 0.00 57.54 57.54 AP 00351764 10/01/2014 GAIL MATERIALS 985.83 0.00 985.83 AP 00351765 10/01/2014 GAMEZ, ERIKA 54.49 0.00 54.49 User: VLOPEZ- VERONICA LOPEZ Page: 6 Current Date: 10/08/2014 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait I Time: 16:49:17 • CITY OF' RANCHO CUCAMONGA P7 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 9/24/2014 through 10/7/2014 Check No. Check Date Vendor Name City Fire Amount AP 00351766 10/01/2014 GARDNER,CAROL ANNE 60.00 0.00 60.00 AP 00351767 10/01/2014 GATEWAY PET CEMETERY AND CREMATORY 400.00 0.00 400.00 AP 00351768 10/01/2014 GIORDANO. 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KARYE 58.74 0.00 58.74 AP 00351784 10/01/2014 HOSE MAN INC 0.00 978.88 978.88 AP 00351785 10/01/2014 IIOYT LUMBER CO_SM 0.00 52.45 52.45 AP 00351786 10/01/2014 'HUDSON,RICHARD 2.000.00 0.00 2.000.00 AP 00351787 10/01/2014 HUMANE SOCIETY OF SAN BERNARDINO VALLEY IN 751.00 0.00 751.00 AP 00351788 10/01/2014 IATSE NATIONAL HEAI.TI I& WELFARE FUNDS 307.32 0.00 307.32 Al' 00351789 10/01/2014 IATSE NA'T'IONAL HEALTH& WELFARE FUNDS 307.32 0.00 307.32 Al' 00351790 10/01/2014 IATSE NATIONAL LIIALTH& WELFARE FUNDS 307.32 0.00 307.32 AP 00351791 10/01/2014 INDERWIESCI-IE,MATT 1.035.30 0.00 1.035.30 AP 01)351792 10/01/2014 INLAND FAIR HOUSING AND MEDIATION BOARD 1.24723 0.00 1247.23 AP 00351793 10/01/2014 INLAND PRESORT&MAILING SERVICES 37.77 • 0.00 37.77 Al' 00351794 10/01/2014 INLAND VALLEY DANCE ACADEMY 1970.16 0.00 1.970.16 AP 00351795 10/01/2014 INTERNATIONAL LINE BUILDERS INC 194556.67 0.00 194556.67 AP 00351796 10/01/2014 INTERNATIONAL TICKETING ASSOCIATION INC.THE 258.00 0.00 258.00 Al' 00351797 10/01/2014 JOHNNY ALLEN TENNIS ACADEMY 1.076.40 0.00 1.076.40 AP 00351798 10/01/2014 JOLLY JUMPS AND& EXPRESS EVENT SERVICES 499.60 0.00 499.60 AP 00351799 10/01/2014 JONES AND MAYER. LAW OFFICES OF 0.00 320.00 320.00 AP 00351800 10/01/2014 KAISER FOUNDATION I IEAI:TH PLAN INC 209.769.76 0.00 209.769.76 AP 00351801 10/01/2014 KEITH.JORRY 216.00 0.00 216.00 AP 00351802 10/01/2014 KINETIC LIGHTING INC 188.00 0.00 188.00 AP 00351803 10/01/2014 KORNEGAY.GARY 87.00 0.00 87.00 AP 00351804 10/01/2014 LANGUAGE I'LANE1' 166.50 0.00 166.50 Al' 00351805 10/01/2014 LAWSON PRODUCT'S INC 0.00 482.45 482.45 AP 00351806 10/01/2014 LEDCOR BUILDERS. INC 1,000.00 0.00 1,000.00 AP 00351807 10/01/2014 LIGI1THOUSE.THE 0.00 615.25 615.25 AP 00351808 10/01/2014 LINNELI.,SHERRY 853.00 0.00 853.00 AP 00351809 10/01/2014 LITTLE BEAR PRODUCTIONS 150.00 0.00 150.00 AP 00351810 10/01/2014 LOS ANGELES FREIGHTLINER 1.703.93 0.00 1.703.93 AP 00351811 10/01/2014 LOUIE'S NURSERY 43.19 0.00 43.19 AP 00351812 10/01/2014 LUCKY FEET SHOES INC 129.60 0.00 129.60 User: VLOPEZ- VERONLCA LOPEZ Page: 7 Current Date: 10/08/2014 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait I Time: 16:49:17 CITY OF RANCIIO CUCAMONGA P8 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 9/24/2014 through 10/7/2014 Check No. Check Date Vendor Name Cily Fire Amount AP 00351813 10/01/2014 MAGNETIC ATTRACTIONS 443.59 0.00 443.59 AP 00351814 10/01/2014 MAMMANO.JULIE 772.35 0.00 772.35 AP 00351815 10/01/2014 MANOCCHI,VINCENT MICHAEL 125.0(1 0.00 125.00 AP 00351816 10/01/2014 MARIPOSA LANDSCAPES INC 106,057.71 0.00 106,057.71 AP 00351817 10/01/2014 MARK CI-1RISI'OPIIER INC 0.00 370.86 370.86 Al' 00351818 10/01/2014 MARSHALL,SYI.VIA 953.70 0.00 953.70 AP 00351819 10/01/2014 MA'IUS.MARTIN 27.00 0.00 27.00 ' AP 00351820 10/01/2014 MAVENLINK INC 4,527.00 0.00 4,527.00 AP 00351821 10/01/2014 MAXWELL.ANTH ONY 42.00 0.00 42.00 AP 00351822 10/01/2014 MAXWELL. MICHELLE 42.60 0.00 42.60 AI' 00351823 10/01/2014 MC GEE. EBONY 500.00 0.011 500.00 AI' 00351824 10/01/2014 MIDWEST TAPE 117.93 0.00 117.93 Al' 00351825 10/01/2014 MOE.JOHN 83.30 0.00 83.30 AI' 00351826 10/01/2014 MORRIS. RICHARD 52.20 0.00 - 52.20 AP 00351827 10/01/2014 MOUNTAIN VIEW GLASS AND MIRROR INC 51.84 0.00 51.84 Al' 00351828 10/01/2014 MUSICSFAR 766.80 0.00 766.80 AI' 00351829 10/01/2014 NAPA AUTO PARTS 0.00 277.63 277.63 AP 00351830 10/01/2014 NASCO 0.00 759.24 759.24 Al' 00351831 10/01/2014 NA'T'IONAL CONSTRUCTION RENTALS INC 75.00 0.00 75.00 AP 00351832 10/01/2014 NAVARRO. LUPE 95.00 0.00 95.00 Al' 00351833 10/01/2014 NEW PARADISE CONSTRUCTION 500.00 0.00 500.00 AP 00351834 10/01/2014 NICHOLS.GARY 788.90 0.00 788.90 AP 00351836 10/01/2014 OFFICE DEPOT- 1.022.12 1.619.82 2.641.94 *"* AP 00351837 10/01/2014 ONTARIO ICE SKATING CENTER 344,40 0.00 344.40 Al' 00351838 10/01/2014 ONTIVEROS.ANNA 87.00 0.00 87.00 AP 00351839 10/01/2014 PACIFIC YOUTH SPORTS 341.25 0.00 341.25 Al' 00351840 1(1/(11/2014 PAL CAMPAIGN 10.00 0.00 10.00 Al' 00351841 10/01/2014 PENNINGTON.JOITN 500.00 0.00 500.00 AP 00351842 10/01/2014 PERFORMANCE MARTIAL ARTS CENTER 157.50 0.00 157.50 Al' 00351843 10/01/2014 PETES ROAD SERVICE INC 3.040.56 0.110 3.040.56 AP 00351844 10/01/2014 POWER PLAY YOUTH ATHLETICS 252.70 0.00 252.70 Al' 00351845 10/01/2(114 PRE-PAID LEGA1.SERVICES INC 113.85 0.00 113.85 Al' 00351846 10/01/2014 PRECISION GYMNASTICS 1.373.05 0.00 1.373.05 Al' 00351847 10/01/2014 I'RINTB3 792.30 0.00 792.30 AI' 00351848 10/01/2014 PUBLIC SURPLUS 0.00 89.25 89.25 AP 00351849 10/01/2014 RANCHO FOOTHILLS SERVICE UNIT 250.00 0.00 250.00 AP 00351850 10/01/2014 RED WING SI'IOE STORE 1.235.82 0.00 1.235.82 AP 00351851 10/01/2014 REIIAB WEST INC 394.06 0.00 394.06 AP 00351852 10/01/2014 RICHARDS WATSON AND GERSPION 33.651.45 0.00 33.651.45 AP 00351853 10/01/2014 RICHLEIGT INVESTMENTS INC 435.43 0.00 435.43 Al' 00351854 10/01/2014 RILES, DAVID 60.00 0.00 60.00 AP 00351855 10/01/2014 S.CALIF. MUNICIPAL ATHLETIC FEDERATION 150.00 0.00 150.00 AP 00351856 10/01/2014 SAN AN'T'ONIO COMMUNITY HOSPITAL 0.00 170.00 170.00 AP 00351857 10/01/2014 SAN BERNARDINO COUNTY SHERIFFS DEPT 892.16 0.00 892.16 Al' 00351858 10/01/2014 SAN BERNARDINO COUNTY SHERIFFS DEPT 223.04 0.00 223.04 AP 00351859 10/01/2014 SAN BERNARDINO COUNTY SIIERIFES DEPT 212.73 0.00 212.73 Al' 00351860 10/01/2014 SAN BERNARDINO COUNTY SHERIFFS DEPT 6.595.99 0.00 6.595.99 User: VLOPEZ- VERONICA LOPEZ Page: 8 Current Date: 10/08/2014 Report:CK AGENDA REG PORTRAIT CONSOLIDATED -CK: Agenda Check Register Portrait t Time: 16:49:17 CITY OF RANCHO CUCAMONGA pg AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 9/24/2014 through 10/7/2014 Check No. Check Date Vendor Name Cite Fire Amount Al' 00351861 10/01/2014 SAN BERNARDINO COUNTY SHERIFFS DEPT 7.283.18 0.00 7,283.18 AP 00351862 10/01/2014 SAN BERNARDINO CTY 0.00 10.177.38 10,177.38 AP 00351863 10/01/2014 SI3PEA 797.96 0.00 797.96 AP 00351864 10/01/2014 SC FUELS 3.847.71 12,466.47 16.314.18*** AP 00351865 10/01/2014 SEXTON,SHEILA 6.00 0.00 6.00 AP 00351866 10/01/2014 SHERIFFS COURT SERVICES 48.17 0.00 48.17 Al' 00351867 10/01/2014 SHERIFFS COURT SERVICES 93.38 0.00 93.38 AP 00351868 10/01/2014 SHERIFFS COURT SERVICES 150.00 0.00 150.00 AP 00351869 10/01/2014 SHERIFFS COURT SERVICES 30.51 0.00 30.51 AP 00351870 10/01/2014 SIIOETERIA 1.192.81 0.00 1.192.81 AP 00351871 10/01/2014 SITRED PROS 0.00 35.00 35.00 AP 00351872 10/01/2014 SMART AND FINAL 0.00 24.01 24.01 AP 00351873 10/01/2014 SMITH. LEE.JAYMI 853.00 0.00 853.00 AP 00351874 10/01/21)14 SMITH. MICHAEL.C 853.00 0.00 853.00 AP 00351875 10/01/2014 SO CALIF GAS COMPANY 3.017,43 237.00 3.254.43 *** AP 00351876 10/01/2014 SOUTH COASFAQMD 0.00 1.784.62 1,784:62 AP 00351885 10/01/2014 SOUTHERN CALIFORNIA EDISON 21.390.78 7.949.65 29.340.43 *** AP 00351886 10/01/2014 SOUTHERN CALIFORNIA EDISON 690.46 0.00 690.46 Al' 00351887 10/01/2014 SOUTHERN COUNTIES LUBRICANTS LLC 0.00 4.823.59 4.82359 Al' 00351888 10/01/2014 STANLEY 12 HOFFMAN ASSOCIATES INC 4.150.00 0.00 4.150.00 AP 00351889 10/01/2014 SUN BADGE CO 0.00 142.11 142.11 AP 00351890 10/01/2014 SWIFTY SIGN 0.00 150.00 150.00 AP 00351891 10/01/2014 TERMINIX PROCESSING CENTER 0.00 326.75 326.75 AP 00351892 10/01/2014 TIIOMPSON PLUMBING SUPPLY 94.93 0.00 94.93 AP 00351893 10/01/2014 U.S. BANK PARS ACCT 46746022500 1.013.63 0.00 1,013,63 Al' 00351894 10/01/2014 U.S. BANK PARS ACCT#6746022500 16.689.97 0.00 16.689.97 AP 00351895 10/01/2014 UNITED SCENIC ARTISTS PENSION AND WELFARE EU 204.88 0.00 204.88 AP 00351896 10/01/2014 UNITED SCENIC ARTISTS PENSION AND WELFARE EU , 204.88 0.00 204.88 AP 00351897 10/012014 UNITED SCENIC ARTISTS PENSION AND WELFARE FU 204.88 0.00 204.88 AI' 00351898 10/012014 UNITED WAY 186.011 0.00 186.00 AP 00351899 10/01/2014 UNIVERSAL BRANDS INC 415.00 0.00 415.00 AP 00351900 10/01/2014 UNIVERSAL MARTIAL ARTS CENTERS 1.052.45 0.00 1.052.45 AP 00351901 10/01/2014 UPLAND ANIMAL HOSPITAL 3.087.77 0.00 3.087.77 AP 00351902 10/01/2014 VECCHIO,TOM 316.80 0.00 316.80 AP 00351903 10/01/2014 Verizon - 26.04 0.00 26.04 Al' 00351904 10/01/2014 VERIZON BUSINESS SERVICES 20.04 0.00 20.04 AP 00351905 10/01/2014 VERIZON BUSINESS SERVICES 73.61 0.00 73.61 AP 00351906 10/01/2014 VERIZON BUSINESS SERVICES 2.991.10 0.00 2,991.10 AP 00351907 10/01/2014 VERIZON CALIFORNIA 957.83 116.15 1,073.98*** AP 00351908 10/01/2014 VICTORIA ANIMAL HOSPITAL 350.00 0.00 350.00 AP 00351909 10/01/2014 VIR'T'UAL PROJECT MANAGER INC 500.00 0.00 500.00 AP 00351910 10/01/2014 WALTERS WHOLESALE ELECTRIC CO 0.00 1.631.87 1.631.87 AP 00351911 10/01/2014 WARREN, ELIZABETH 190.00 0.00 190.00 Al' 00351912 10/01/2014 WAXIE SANITARY SUPPLY 5.024.98 1.582.76 6.607.74 *** Al' 00351913 10/01/2014 WEST END FAMILY COUNSELING SERVICES 230.00 0.00 230.00 AP 00351914 10/01/2014 WEST END MATERIAL SUPPLY 0.00 68.45 68.45 AP 00351915 10/01/2014 WIECZOREK. LINDA 50.00 0.00 50.00 User: VLOPEZ- VERONICA LOPEZ Page: 9 Current Date: 10/08/2014 Report:CK AGENDA REG PORTRAIT CONSOLIDATED- CK: Agenda Check Register Portrait L Time: 16:49:17 CITY OF RANCHO CUCAMONGA P10 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 9/24/2014 through 10/7/2014 Check No. Cheek Date Vendor Name City Fire Amount AP 00351916 10/01/2014 ZEE MEDICAL INC 1,098.67 0.00 1.098.67 AP 00351917 10/01/2014 ZOETIS 244.69 0.00 244.69 AP 00351918 10/02/2014 ABC LOCKSMITHS 25.55 0.00 25.55 AP 00351919 10/02/2014 AIRGAS USA LLC 331.72 1,459.74 1,791.46*** AP 00351920 10/02/2014 13113L10THECA ITG 500.00 0.00 500.00 Al' 00351923 10/02/2014 BRODART BOOKS 5.639.83 0.00 5.639.83 AP 00351924 10/02/2014 CALSENSE 1.573.92 0.00 1.573.92 AP 00351926 10/02/2014 CUCAMONGA VALLEY WATER DISTRICT 54.356.64 3.149,28 57505.92*** AP 00351927 10/02/2014 DUNN EDWARDS CORPORATION 319.15 0.00 319.15 AP 00351928 10/02/2014 EMCOR SERVICE 0.00 1,791.00 1,791.00 AP 00351929 10/02/2014 EWING IRRIGATION PRODUCTS 4,155.68 0.00 4.155.68 AP 00351930 10/02/2014 GENERATOR SERVICES CO 0.00 2.783.70 2.783.70 AP 00351931 10/02/2014 HYDRO SCAPE PRODUCTS INC 691.75 0.00 691.75 AP 00351932 10/02/2014 UNIFIRST UNIFORM SERVICE 0.00 150.90 150.90 EP 00004615 09/25/2014 AHUMA DA.ALEXANDER R 0.00 846.58 846.58 EP 00004616 09/25/2014 ALMAND. LLOYD 0.00 535.72 535.72 EP 00004617 09/25/2014 BANTA U, VICTORIA 0.00 832.95 832.95 EI' 00004618 09/25/2014 BA/_AL.SUSAN 0.00 1.353.64 1.353,64 EP 00004619 09/25/2014 BERRY.DAVIT) 0.00 964.58 964.58 EP 00004620 09/25/2014 I3ROCK. ROBIN 0.00 832.95 832.95 EP 00004621 09/25/2014 CAMPBELL.GERALD 0.00 1.289.65 1.289.65 • EP 00004622 09/25/2014 CARNES. KENNETTI 0.00 717.76 717.76 EP 00004623 09/25/2014 CLABI3Y. RICHARD 0.00 964.58 964.58 EP 00004624 09/25/2014 CORCORAN. ROBERT 0.00 505.59 505.59 EP 00004625 09/25/2014 COX, KARL 0.00 535.72 535.72 EP 00004626 09/25/2014 CRANE.RALPH 0.00 1.353.64 1.353.64 EP 00004627 09/25/2014 CROSSLAND. WILBUR 0.00 470.94 470.94 EP 00004628 09/25/2014 DAGUIi.JAMES 0.00 1,130.18 1.130.18 EP 00004629 09/25/2014 DE AN'T'ONIO. SUSAN 0.00 505.59 505.59 EP 00004630 09/25/2014 DOMINICK.SAMUEL A. 0.00 832.95 832.95 EP 00004631 0925/2014 EAGLESON. MICHAEL 0.00 1,504.93 1,504.93 EP 00004632 09/25/2014 FRITCI IEY.JOHN D. 0.00 470.94 470.94 EP 00004633 09/25/2014 I'EYDE.DONALD 0.00 1.130.18 1.130.18 EP 00004634 09/25/2014 INTER LICC III A. ROSALYN 0.00 1.130.18 1.130.18 EP 00004635 09/25/2014 LANE, WILLIAM 0.00 1,504.93 1.504.93 EP 00004636 09/25/2014 LEE.ALLAN 0.00 1.472,85 1,472.85 EP 00004637 09/25/2014 LENZE.PAUl.E 0.00 1.102.77 1,102.77 EP 00004638 09/25/2014 LONGO.JOE 0.00 175.97 175.97 EP 00004639 09/25/2014 LUI-TRULL.DARRELI, 0.00 717.76 717.76 EP 00004640 09/25/2014 MACKALL. BENJAMIN 0.00 175.97 175.97 EP 00004641 09/25/2014 MAY HELD. RON 0.00 1,353.64 1,353.64 El' 00004642 09/25/2014 MCKEE.JOHN 0.00 535.72 535.72 El' 00004643 09/25/2014 MCMII,LEN. LINDA 0.00 ' 535.72 535.72 EP 00004644 09/25/2014 MCNEIL, KENNETH 0.00 944.68 944.68 EP 00004645 09/25/2014 MICHAEL. L. DENNIS 0.00 832.95 832.95 EP 00004646 09/25/2014 MORGAN, BYRON 0.00 2265.72 2.265.72 EP 00004647 09/25/2014 MYSKOW. DENNIS 0.00 964.58 964.58 User: VLOPEZ- VERONICA LOPEZ Page: 10 Current Date: 10/08/2014 Report:CK AGENDA REG PORTRAIT CONSOLIDATED- CK: Agenda Check Register Portrait L Time: 16:49:17 CITY OF RANCHO CUCAMONGA P11 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 9/24/2014 through 10/7/2014 Check No. Check Date Vendor Name City Fire Amount EP 00004648 09/25/2014 NAUMAN, MICIIAEL 0.00 964.58 964.58 EP 00004649 09/25/2014 NEE.RON 0.00 1.795.43 1.795.43 EP 00004650 09/25/2014 NELSON, MARY JANE 0.00 175.97 175.97 EP 00004651 09/25/2014 PLOUNG. MICHAEL J 0.00 3,149.68 3,149.68 EP 00004652 09/25/2014 POST.MICIIAEL R 0.00 1.717.64 1.717.64 EP 00 004653 09/25/2014 PROD LX, PATRICK 0.00 1,504.93 1,504.93 EP 00004654 09/25/2014 ROEDER.JEFF 0.00 . 1.504.93 1.504.93 EP 00004655 09/25/2014 SALISBURY,THOMAS 0.00 832.95 832.95 I EP 00004656 09/25/2014 SMI'T'H. RONALD 0.00 964.58 964.58 EP 00004657 09/25/2014 SPAGNOLO,SAM 0.00 470.94 470.94 El' 00004658 09/25/2014 SPAIN,WILLIAM 0.00 717.76 717.76 EP 00004659 09/25/2014 SULLIVAN.JAMES 0.00 1.08658 1,086.58 EP 00004660 09/25/2014 TAYLOR. STEVE 0.00 1,102.77 1.102.77 • EP 00004661 09/25/2014 TIJI-EY.'TERRY 0.00 1,130.18 1,130.18 El' 00004662 09/25/2014 VAN DER KA LLEN, FRANCIS 0.00 1,157.44 1.157.44 El' 00004663 09/25/2014 WOI,FE.JACKIE 0.00 617.32 617.32 I'I' 00004664 09/25/2014 YO WELL.TIM 0111Y A 0.00 1.353.64 1.353.64 EP 00004665 09/25/2014 KILMER,STEPHEN 0.00 1.289.65 1.289.65 EP 00004666 09/25/2014 WAI.TON.KEVIN 29.890.83 1,289.65 1.289.65 "" El' 00004667 10/01/2014 CIIAFFEY JOINT UNION HS DISTRICT 202.80 0.00 202.80 EP 00004668 10/01/2014 RC PEA 10,119.79 0.00 10.119.79 El' 00004669 10/01/2014 SAN BERNARDINO C'TY SHERIFFS DEPT 2.510.019.00 0.00 2510.019.00 EP 00004670 10/01/2014 RCCEA 1,112.00 0.00 1.112.00 Total City: 54,384,137.48 Total Fire: $583,709.01 Grand Total: $4,967,846.49 Note: *** Check Number includes both City and Fire District expenditures User: VLOPEZ- VERONICA LOPEZ Page: 11 Current Date: 10/08/2014 Report:CK AGENDA REG PORTRAIT CONSOLIDATED- CK: Agenda Check Register Portrait I Time: 16:49:17 P12 C, E > 0 a 00 C°, CO 6 00 u01i W a o 0 C 1-3 N 0 N d N Ce ¢ r 0 7 o. 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O C ▪ d c- at N 11- C N C N = N a0 00000000000000000000 0 0 0 0 0 0 0 0 0 0 0 cs 0 0 0 0 0 00 00 0 00 00 00 o Cn 'm n n o 00 0000 000 o O o 000000 0 0 0 0 o a :C. 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O e o ._ O q d O > Y $o W M ' C ` O E LL /. N .y nr U r d q N N O a O 0 .0 E 0 y O a z O L co H 2 S w Z 2 F 0 O iz Co LL J z 0 r LL co 0 Z 0 E w o E z 0 3 3 0 0 • • Q a E m a' a a n' a CO N y z N y CO N 0 2 Z^ U O m L 0 " 2 W C J t D O C 2 O E C C C 4 O. C °1 7 C 7 O yE IS O O a j C o V o 0 E .§ o Q o 0 U N Co N N to Y N - CO i C 0 0 V y U L 0 0 C o U C 00i 0 2 O O Q N ry d N 2 a 2 Q °o d o N :U o N 0 N N N '00 A C C' m d O o U J N a 0 LL F- 2 U C P17 STAFF REPORT 4 PUBLIC WORKS SERVICES DEPARTMENT h Date: October 15, 2014 RANCHO To: Mayor and Members of the City Council CUCAMONGA President and Members of the Board of Directors John R. Gillison, City Manager From: William Wittkopf, Public Works Services Director Mike Costello, Fire Chief By: Ty Quaintance, Facilities Superintendent • Inge Tunggaldjaja, Management Analyst I Subject: APPROVE CONTRACT AMENDMENT NO. 003 (CO# FD 13-004) WITH VORTEX INDUSTRIES TO INCREASE THE SPENDING LIMIT FOR THE REPAIR OF ALL CITY AND FIRE DISTRICT FACILITIES' OVERHEAD DOORS AND GATES IN AN AMOUNT NOT TO EXCEED $90,000 ($40,000 CITY, $50,000 FIRE DISTRICT) ANNUALLY TO BE FUNDED FROM VARIOUS CITY AND FIRE DISTRICT ACCOUNTS AS APPROVED IN THE FY 14/15 BUDGET RECOMMENDATION • It is recommended that the City Council and Board approve Contract Amendment No. 003 (CO# FD 13-004) with Vortex Industries to increase the spending limit for the repair of all City and Fire District facilities' overhead doors and gates in an amount not to exceed $90,000 ($40,000 City, $50,000 Fire District) annually to be funded from various City and Fire District accounts as approved in the FY 14/15 budget. BACKGROUND/ANALYSIS In January of 2013, staff went out to bid for the overhead roll-up door and gate maintenance services and repairs for all City and Fire District facilities. On January 28, 2013, Vortex Industries won the competitive bid and was awarded a maintenance contract to perform preventive maintenance and repairs of all City and Fire District overhead roll-up doors and gates. The Rancho Cucamonga Fire District is responsible for ensuring the proper maintenance/repair and operation of approximately 80 motorized/manual high bay overhead doors, roll-up doors and electronic security gates at all fire district locations, With the high demand of the Fire District, the doors and motorized operators are in constant action and experience excessive wear and tear on all equipment'including the newer doors and equipment. As first responders, it is imperative the equipment be maintained to the highest standards to eliminate failures during emergency situations. Although proper maintenance is being conducted, there are still unforeseen repairs that are needed. The City is responsible for ensuring the proper maintenance/repair and operation of approximately 40 motorized/manual overhead doors, security gates and air walls at multiple locations such as the Cultural Center, Central Park, Police Department, several parks and the City Yard fleet building. With the addition of the new City Yard/HHW campus, there are four additional motorized security gates, three air wall curtains and an additional four high bay roll-up doors. The new City Yard/HHW campus initially had a year warranty on all equipment; however, this warranty period has expired and the City is now responsible for all maintenance costs associated with the new equipment. With the high demand and constant use of the Cultural Center ballrooms, Central Park ballrooms, P.D. sliding gates and the new City Yard/HHW campus, we are experiencing more unforeseen repairs than the previous two years. P18 APPROVE_CONTRACT AMENDMENT NO.003(CO#FD 13-004)WITH VORTEX INDUSTRIES TO INCREASE THE SPENDING LIMIT TO NOT TO EXCEED$90,000 TO PROVIDE MAINTENANCE AND REPAIRS FOR FIRE DISTRICT AND CITY ROLL:UP DOORS,GATES,AND ELECTRONIC SECURITY GATES AS APPROVED IN THE FISCAL YEAR 14-15 BUDGET OCTOBER 15,2014 PAGE TWO Doors, gates and motorized equipment contain many movable parts to lift and lower a door successfully. A single door can weigh up to 2,000 pounds and when operating it multiple times a day, it will experience failures. By conducting routine preventative maintenance, it helps to prevent failures but does not eliminate them. During the past year, the Fire District replaced four motor operators which cost just under$14,000 and the City replaced the Police Department gate operator for $5,000 and repairs to the Hufcor air curtain in Celebration Hall were $2,000. These repairs are just a few examples of the services needed in fiscal year 13-14. Due to aging and increased City infrastructure and high use of the fire stations' main roll-up doors for incoming/outgoing fire trucks, staff is requesting the spending limit to be increased from $49,900 to not to exceed $90,000 to assist with the repairs and maintenance on an as needed basis. Vortex Industries has provided the City good service over this past year; therefore, staff recommends continuing the contract and increasing the spending limit with this contractor for fiscal year 2014-2015. Respectfully submitted, LA-Q0J-Uitek William Wittkopf Mike Costello Public Works Services Director Fire Chief CITY OF RANCHO CUCAMONGA P19 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 9/24/2014 through 10/7/2014 Check No. Check Date Vendor Name Cih' Fire Amount AP 00351475 09/24/2014 A&V SOFTBALL 3,213.00 0.00 3,213.00 AP 00351476 09/24/2014 ABLETRONICS 25.43 0.00 25.43 AP 00351477 09/24/2014 ACME BALLOON COMPANY 1,107.00 0.00 1,107.00 AP 00351478 09/24/2014 AIR EXCHANGE INC 0.00 128.488.17 128.488.17 AP 00351479 09/24/2014 ALL CITY MANAGEMENT SERVICES INC. 20,651.70 0.00 20.651.70 AP 00351480 09/24/2014 ALLIANT INSURANCE SERVICES INC. 285.00 0.00 285.00 AP 00351481 09/24/2014 ALLIED BARTON SECURITY SERVICES LLC 18,856.60 0.00 18,856.60 AP 00351482 09/24/2014 AMERICAN ASPHALT SOUTH INC 40,237.10 0.00 40.237.10 AP 00351483 09/24/2014 AMTECH ELEVATOR SERVICES 223.71 0.00 223.71 AP 00351484 09/24/2014 AROCH0.ALMA 1,041.00 0.00 1,041.00 AP 00351485 09/24/2014 ARROW TRAILER SUPPLIES INC 105.73 0.00 105.73 AP 00351486 09/24/2014 AT&T MOBILITY 0.00 72.53 72.53 AP 00351487 09/24/2014 AUN'T'IE M CREATIVE CONSULTANTS INC. 2,362.34 0.00 2.362.34 AP 00351488 09/24/2014 AU'T'O AND RV SPECIALISTS INC. 64.70 0.00 64.70 AP 00351489 09/24/2014 AVANTS,MARGE 225.00 0.00 225.00 AP 00351490 09/24/2014 BALDY FIRE AND SAFETY 106.50 0.00 106.50 AP 00351491 09/24/2014 BALLOONS N'MORE 332.10 0.00 332.10 AP 00351492 09/24/2014 BANK OF AMERICA MERRILL LYNCH 0.00 226,079.95 226,079.95 AP 00351493 09/24/2014 BARRETO,RAQUEL M. 769.00 0.00 769.00 AP 00351494 09/24/2014 BARRIENTOS,NELLIE 250.00 0.00 250.00 AP 00351495 09/24/2014 BATTERY POWER INC 245.58 0.00 245.58 AP 00351496 09/24/2014 BOOKE,CHRISTOPHER 975.00 0.00 975.00 AP 00351497 09/24/2014 BOUND TREE MEDICAL LLC. 15.39 0.00 15.39 AP 00351498 09/24/2014 BREMER WHYTE BROWN&O'MEARA LLP 1,094.90 0.00 1,094.90 AP 00351499 09/24/2014 BROMAGE,JEFFREY 500.00 0.00 500.00 AP 00351500 09/24/2014 BROOKS,TAUN 73.92 0.00 73.92 AP 00351501 09/24/2014 BROWN,KIMBERLY 77.00 0.00 77.00 AP 00351502 09/24/2014 BURT,RYAN 84.00 0.00 84.00 AP 00351503 09/24/2014 CALIFORNIA FACTORS&FINANCE 4,743.14 0.00 4,743.14 AP 00351504 09/24/2014 CALIFORNIA SHOPPING CART RETRIEVAL CORP 145.00 0.00 145.00 AP 00351505 09/24/2014 CALPERS 117.944.98 7,115.83 125,060.81 *** AP 00351506 09/24/2014 CAMPBELL,STEVEN 0.00 400.00 400.00 AP 00351507 09/24/2014 CAMPOS XCLUSIVE 1,750.00 0.00 1,750.00 AP 00351508 09/24/2014 CAPITAL ONE COMMERCIAL 0.00 460.34 460.34 AP 00351509 09/24/2014 CARQUEST AUTO PARTS 411.25 0.00 411.25 AP 00351510 09/24/2014 CCS ORANGE COUNTY JANITORIAL INC. 6,498.00 0.00 6,498.00 AP 00351511 09/24/2014 CDW-G 0.00 172.02 172.02 AP 00351512 09/24/2014 CHAMPION AWARDS AND SPECIALTIES 25.92 0.00 25.92 AP 00351513 09/24/2014 CHEMSEARCH 560.65 0.00 560.65 AP 00351514 09/24/2014 CINTAS CORP.#150 1,751.46 0.00 1,751.46 AP 00351515 09/24/2014 CIRIACKS,VALERIE ANN 90.00 0.00 90.00 AP 00351516 09/24/2014 CLARK,KAREN 756.00 0.00 756.00 AP 00351517 09/24/2014 CLEAN ENERGY 11.135.64 0.00 11,135.64 AP 00351518 09/24/2014 CLEAR COAST INC 160.00 0.00 160.00 AP 00351519 09/24/2014 COCHERELL, DOREEN 76.80 0.00 76.80 AP 00351520 09/24/2014 COHIBA CIGAR BOUTIQUE 376.78 0.00 376.78 AP 00351521 09/24/2014 COLUMBIA CASCADE COMPANY 276.80 0.00 276.80 User: VLOPEZ- VERONICA LOPEZ Page: 1 Current Date: 10/08/2014 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait I Time: 16:49:17 CITY OF RANCHO CUCAMONGA P20 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 9/24/2014 through 10/7/2014 Check No. Check Date Vendor Name City Fire Amount AP 00351522 09/24/2014 CPRS 150.00 0.00 150.00 AP 00351523 09/24/2014 D AND K CONCRETE COMPANY 257.04 0.00 257.04 AP 00351524 09/24/2014 DELANEY, DANAE 50.00 0.00 50.00 AP 00351525 09/24/2014 DEPARTMENT OF INDUSTRIAL RELATIONS 225.00 0.00 225.00 AP 00351526 09/24/2014 DEPARTMENT OF JUSTICE 2,905.00 0.00 2,905.00 AP 00351527 09/24/2014 DLIMAGING 81.10 0.00 81.10 AP 00351528 09/24/2014 DOLLARHIDE.GINGER 156.00 0.00 156.00 AP 00351529 09/24/2014 DUGUAY,JOE 6.72 0.00 6.72 AP 00351530 09/24/2014 DUMBELL MAN FITNESS EQUIPMENT,THE 150.00 0.00 150.00 AP 00351531 09/24/2014 DUNN,ANN MARIE 768.00 0.00 768.00 AP 00351532 09/24/2014 EARLEY, IDA 339.60 0.00 339.60 AP 00351533 09/24/2014 EASTERLING,RAY 288.00 0.00 288.00 AP 00351534 09/24/2014 ECHEVARRIA.VANESSA 30.00 0.00 30.00 AP 00351535 09/24/2014 EXPERIAN 52.00 0.00 52.00 AP 00351536 09/24/2014 FCLO MUSIC THEATRE 457.00 0.00 457.00 AP 00351537 09/24/2014 FEDERAL EXPRESS CORP 50.50 0.00 50.50 AP 00351538 09/24/2014 FIVE STAR MUSIC& EFFECTS 250.00 0.00 250.00 AP 00351539 09/24/2014 FLAG SYSTEMS INC. 2,650.00 0.00 2,650.00 AP 00351540 09/24/2014 FRIA.JOE 180.00 0.00 180.00 AP 00351541 09/24/2014 GILKEY,JOHN 300.00 0.00 300.00 AP 00351542 09/24/2014 GIORDANO,MARIANNA 105.60 0.00 105.60 AP 00351543 09/24/2014 GOINS,GALE 344.00 0.00 344.00 AP 00351544 09/24/2014 GOLDEN STAR TECHNOLOGY INC 2,099.93 0.00 2,099.93 AP 00351545 09/24/2014 GOLDEN STATE ESCROW INC. 39,695.00 0.00 39,695.00 AP 00351546 09/24/2014 GOODYEAR TIRE& RUI3BER COMPANY 524.02 0.00 524.02 AP 00351547 09/24/2014 GRAINGER 1,207.18 0.00 1,207.18 AP 00351548 09/24/2014 GREG RUBIN-CONSULTANT 506.00 0.00 506.00 AP 00351549 09/24/2014 HAAKER EQUIPMENT CO 763.00 0.00 763.00 AP 00351550 09/24/2014 HABER,JULIE 50.00 0.00 50.00 AP 00351551 09/24/2014 HAMILTON. MONIQUE: 960.00 0.00 960.00 AP 00351552 09/24/2014 HAMPTON YOGA 804.00 0.00 804.00 AP 00351553 09/24/2014 HARLOW, STEPHEN 86.00 0.00 86.00 AP 00351554 09/24/2014 HERITAGE EDUCATION GROUP 231.00 0.00 231.00 AP 00351555 09/24/2014 Ill WAY SAFETY INC 159.57 0.00 159.57 AP 00351556 09/24/2014 HOME DEI'O'I'CREDIT SERVICES 645 815.35 0.00 815.35 Al' 00351557 09/24/2014 HOPE COUNSELING& FAMILY THERAPY 250.00 0.00 250.00 AP 00351558 09/24/2014 HOSE HEAVEN 536.33 0.00 536.33 AP 00351559 09/24/2014 HOT SHOTS ATHLETIC APPAREL INC. 183.12 0.00 183.12 AP 00351560 09/24/2014 HOYT,'TIMOTHY 0.00 130.00 130.00 AP 00351561 09/24/2014 INLAND PRESORT& MAILING SERVICES 142.22 0.00 142.22 AP 00351562 09/24/2014 INTEGRITY DOOR&HARDWARE INC 2,276.46 0.00 2,276.46 AP 00351563 09/24/2014 JACOBSEN WEST 3,241.95 0.00 3,241.95 AP 00351564 09/24/2014 JDC INC 69,547.45 0.00 69.547.45 AP 00351565 09/24/2014 JM SERVICES 4,750.00 0.00 4,750.00 AP 00351566 09/24/2014 JONES AND MAYER,LAW OFFICES OF 9,392.00 0.00 9,392.00 AP 00351567 09/24/2014 JONES, PAMELA 86.00 0.00 86.00 AP 00351568 09/24/2014 K. HOVNANIAN HOMES 84,154.65 0.00 84,154.65 User: VLOPEZ- VERONICA LOPEZ Page: 2 Current Date: 10/08/2014 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait L Time: 16:49:17 CITY OF RANCHO CUCAMONGA P21 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Cheek Register 9/24/2014 through 10/7/2014 Check No. Check Date Vendor Name City Fire Amount AP 00351569 09/24/2014 KENT HARRIS TRUCKING&MATERIALS 1,330.25 0.00 1,330.25 AP 00351570 09/24/2014 KINETIC LIGHTING INC 890.00 0.00 890.00 AP 00351571 09/24/2014 KUI3ZANSKY,JESSICA 1,067.00 0.00 1,067.00 AP 00351572 09/24/2014 LIEBERT CASSIDY WHITMORE 5,281.20 4,287.20 9,568.40"' AP 00351573 09/24/2014 LORAN,CARLETTA 147.02 0.00 147.02 AP 00351574 09/24/2014 LOS ANGELES TIMES 416.00 0.00 416.00 AP 00351575 09/24/2014 MARIN.NORMA 92.00 0.00 92.00 AP 00351576 09/24/2014 MARIPOSA LANDSCAPES INC 37,244.93 1.195.12 38,440.05"' AP 00351577 09/24/2014 MARK CHRISTOPHER INC 209.57 0.00 209.57 AP 00351578 09/24/2014 MARTINEZ UNION SERVICE 540.00 0.00 540.00 AP 00351579 09/24/2014 MATHESON.AARON 1,000.00 0.00 1,000.00 AP 00351580 09/24/2014 MCMASTER CARR SUPPLY COMPANY 552.62 0.00 552.62 AP 00351581 09/24/2014 MIDWEST TAPE 41.97 0.00 41.97 AP 00351582 09/24/2014 MILANETTO.MARSHA 60.00 0.00 60.00 AP 00351583 09/24/2014 MITSUBISHI ELECTRIC& ELECTRONICS USA INC 626.95 0.00 626.95 AP 00351584 09/24/2014 MOUNTAIN VIEW SMALL ENG REPAIR 511.48 0.00 511.48 AP 00351585 09/24/2014 MRI3 DEER CREEK CAR WASH 300.00 0.00 300.00 AP 00351586 09/24/2014 MUNOZ.LUIS 70.70 0.00 70.70 AP 00351587 09/24/2014 NAKAMURA,JENNIFER 133.28 0.00 133.28 AP 00351588 09/24/2014 NAPA AUTO PARTS 148.93 0.00 148.93 AP 00351589 09/24/2014 OCCUPATIONAL HEALTH CTRS OF CA 40.50 668.41 708.91 "' AP 00351590 09/24/2014 OFFICE DEPOT 458.82 0.00 458.82 AP 00351591 09/24/2014 ONI'RAC 48.25 0.00 48.25 AP 00351592 09/24/2014 ORONA.PATRICIA 1,725.00 0.00 1,725.00 AP 00351593 09/24/2014 OTT.LAURA 180.00 0.00 180.00 Al' 00351594 09/24/2014 OTT',SHARON 468.00 0.00 468.00 Al' 00351595 09/24/2014 PACHECO,ART 975.00 0.00 975.00 AP 00351596 09/24/2014 PACIFIC PARKING SYSTEMS INC 190.00 0.00 190.00 Al' 00351597 09/24/2014 PACIFIC TRUCK EQUIPMENT 192.35 0.00 192.35 AP 00351598 09/24/2014 PACIFIC UTILITY INSTALLATION INC 134.00 0.00 134.00 AP 00351599 09/24/2014 PEPE'S TOWING SERVICE 55.00 0.00 55.00 AP 00351600 09/24/2014 PFINIX CREATIVE GROUP 8,750.00 0.00 8,750.00 AP 00351601 09/24/2014 PIERSON, DINAH 36.04 0.00 36.04 AP 00351602 09/24/2014 PITASSI ARCHITECTS INC 10,164.75 0.00 10,164.75 Al' 00351603 09/24/2014 PORAC 120.00 0.00 120.00 AP 00351604 09/24/2014 PORAC LEGAL.DEFENSE FUND 166.50 0.00 166.50 Al' 00351605 09/24/2014 PREMIER WORLD DISCOVERY LLC 3,538.00 0.00 3.538.00 AP 00351606 09/24/2014 PRIDE LAUNDRY SYSTEMS INC 124.50 0.00 124.50 AP 00351607 09/24/2014 PRO SALES GROUP INC 41.17 0.00 41.17 AP 00351608 09/24/2014 PRO-PLANET INDUSTRIAL SUPPLY 1,632.28 0.00 1,632.28 Al' 00351609 09/24/2014 PROPE'T DISTRIBUTORS INC 2.055.95 0.00 2.055.95 AP 00351610 09/24/2014 PUBLIC SURPLUS 0.23 213.14 213.37' AP 00351611 09/24/2014 R.H F INC 477.20 0.00 477.20 AP 00351612 09/24/2014 RACKED AND READY STEEL 150.00 0.00 150.00 AP 00351613 09/24/2014 RAMOS,CAMILA 59.00 0.00 59.00 AP 00351614 09/24/2014 RANCHO CUCAMONGA FONTANA FAMILY YMCA 18,231.04 0.00 18,231.04 AP 00351615 09/24/2014 RANCHO REGIONAL VETERINARY HOSPITAL INC 1,129.05 0.00 1,129.05 User: VLOPEZ- VERONICA LOPEZ Page: 3 Current Date: 10/08/2014 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait t Time: 16:49:17 CITY OF RANCHO CUCAMONGA P22 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 9/24/2014 through 10/7/2014 Check No. Check Date Vendor Name City Fire Amount AP 00351616 09/24/2014 RBM LOCK AND KEY SERVICE 91.53 0.00 91.53 AP 00351617 09/24/2014 RICHARDS WATSON AND GERSHON 1.468.14 3.144.70 4,612.84 '" AP 00351618 09/24/2014 RIPPETOE LAW P C 21,778.69 0.00 21,778,69 AP 00351619 09/24/2014 RIZZI,TREFONI MICHAEL 854.00 0.00 854.00 AP 00351620 09/24/2014 ROBLES.RAUL P 335.00 0.00 335.00 AP 00351621 09/24/2014 ROSS,ALRITO 19.00 0.00 19.00 AP 00351622 09/24/2014 SALAZAR,LUCY 80.00 0.00 80.00 AP 00351623 09/24/2014 SAN BERNARDINO COUNTY DEPT PUBLIC WORKS 50.61 0.00 50.61 AP 00351624 09/24/2014 SAN BERNARDINO CTY AUDITOR CONTROLLER REC( 100.00 0.00 100.00 AP 00351625 09/24/2014 SAN BERNARDINO CTY OFFICE OF THE ASSESSOR 840.00 0.00 840.00 AP 00351626 09/24/2014 SC FUELS 27,660.27 0.00 27,660.27 AP 00351627 09/24/2014 SECURITY BANK OF CALIFORNIA 0.00 11,898.95 11,898.95 AP 00351628 09/24/2014 SENECHA L.CALVIN 600.00 0.00 600.00 AP 00351629 09/24/2014 SHRED IT 161.85 0.00 161.85 AP 00351630 09/24/2014 SIEMENS INDUSTRY INC 2,673.45 0.00 2,673.45 AP 00351631 09/24/2014 SIGMANET 8,800.00 0.00 8,800.00 AP 00351632 09/24/2014 SILVER,I3DNA 720.00 0.00 720.00 AP 00351633 09/24/2014 SMITH,JAYMI LEE 854.00 0.00 854.00 AP 00351634 09/24/2014 SO CALIF GAS COMPANY 0.00 239.46 239.46 AP 00351635 09/24/2014 SOCIAL 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0.00 403.24 AP 00351653 09/24/2014 TIGER DIRECT INC 239.83 0.00 239.83 AP 00351654 09/24/2014 TRACEY,VAL 456.00 0.00 456.00 AP 00351655 09/24/2014 UNITED PACIFIC SERVICES INC 8,630.00 0.00 8,630.00 AP 00351656 09/24/2014 UNITED SITE SERVICES OF CA INC 225.91 0.00 225.91 AP 00351657 09/24/2014 UPS 144.45 0.00 144.45 AP 00351658 09/24/2014 VECCHIO,TOM 337.20 0.00 337.20 AP 00351659 09/24/2014 VERIZON CALIFORNIA 1,687.34 0.00 1,687.34 Al' 00351664 09/24/2014 VERIZON WIRELESS-LA 4,799.33 38.01 4,837.34 "' Al' 00351665 09/24/2014 VISION SERVICE PLAN CA 10,658.26 0.00 10,658.26 Al' 00351666 09/24/2014 VORTEX INDUSTRIES INC 0.00 9,966.70 9,966.70 AP 00351667 09/24/2014 VULCAN MATERIALS COMPANY 70.60 0.00 70.60 AP 00351668 09/24/2014 WALTERS WHOLESALE ELECTRIC CO 4,566.37 0.00 4,566.37 AP 00351669 09/24/2014 WARREN, PAT 35.00 0.00 35.00 User: VLOPEZ- VERONICA LOPEZ Page: 4 Current Date: 10/08/2014 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait I Time: 16:49:17 CITY OF RANCHO CUCAMONGA P23 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 9/24/2014 through 10/7/2014 Check No. Check Date Vendor Name City Fire Amount AP 00351670 09/24/2014 WAXIE SANITARY SUPPLY 8.510.05 0.00 8,510.05 AP 00351671 09/24/2014 YOUNG, KENNY 250.00 0.00 250.00 AP 00351672 09/24/2014 ZEE MEDICAL INC 144.06 0.00 144.06 AP 00351673 09/25/2014 ABC LOCKSMITHS 293.79 0.00 293.79 AP 00351674 09/25/2014 AGILINE LLC 3.200.00 0.00 3,200.00 AP 00351675 09/25/2014 AIRGAS USA LLC 161.87 0.00 161.87 AP 00351676 09/25/2014 AUTO BODY 2000 233.90 0.00 233.90 AP 00351677 09/25/2014 BRODART BOOKS 1,990.60 0.00 1.990.60 AP 00351678 09/25/2014 CALSENSE 318.60 0.00 318.60 AP 00351679 09/25/2014 CITRUS MO'T'ORS ONTARIO INC 0.00 118.79 118.79 AP 00351681 09/25/2014 CUCAMONGA VALLEY WATER DISTRICT 117.792.50 366.55 118.159.05 '"" AP 00351682 09/25/2014 DUNN EDWARDS CORPORATION 1,080.06 223.11 1,303.17 *4* AP 00351683 09/25/2014 EMCOR SERVICE 23,914.75 0.00 23914.75 AP 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403.20 0.00 403.20 AP 00351700 10/01/2014 ADAPT CONSULTING INC 1.643.76 0.00 1.643.76 AP 00351701 10/01/2014 ADOBE ANIMAL HOSPITAL 425.00 0.00 425.00 AP 00351702 10/01/2014 AEF SYSTEMS CONSULTING INC 3,587.50 0.00 3,587.50 AP 00351703 10/01/2014 AFLAC GROUP INSURANCE 79.40 0.00 79.40 AP 00351704 10/01/2014 AFLAC GROUP INSURANCE 6,105.92 0.00 6,105.92 AP 00351705 10/01/2014 AGENCY FOR THE PERFORMING ARTS INC. 3,500.00 0.00 3,500.00 AP 00351706 10/01/2014 AGENCY FOR THE PERFORMING ARTS INC. 3,500.00 0.00 3,500.00 AP 00351707 10/01/2014 AGUILAR,EDWARD 170.00 0.00 170.00 AP 00351708 10/01/2014 ALLIED STORAGE CONTAINERS 0.00 248.40 248.40 AP 00351710 10/01/2014 ALTA LAMA ANIMAL HOSPITAL 2,365.00 0.00 2,365.00 AP 00351711 10/01/2014 ANTECH DIAGNOS'T'ICS 881.04 0.00 881.04 AP 00351712 10/01/2014 APPLIED METERING TECHNOLOGIES INC 17,376.34 0.00 17,376.34 AP 00351713 10/01/2014 ARCHIBALD PET HOSPITAL 400.00 0.00 400.00 AP 00351714 10/01/2014 ARROWVIEW VETERINARY HOSPITAL 50.00 0.00 50.00 AP 00351715 10/01/2014 ART OF LIVING FOUNDATION 120.00 0.00 120.00 Al' 00351716 10/01/2014 ASST SECURITY 1,077.20 1,154.00 2.231.20'"" AP 00351717 10/01/2014 BALLARD, LAURIE 267.00 0.00 267.00 AP 00351718 10/01/2014 BARNES AND NOBLE 236.36 0.00 236.36 User: VLOPEZ- VERONICA LOPEZ Page: 5 Current Date: 10/08/2014 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait I Time: 16:49:17 CITY OF RANCHO CUCAMONGA P24 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 9/24/2014 through 10/7/2014 Check No. Check Date Vendor Name City Fire Amount AP 00351719 10/01/2014 BAUER COMPRESSORS 0.00 3,429.34 3,429.34 AP 00351720 10/01/2014 BAYER HEALTHCARE LLC 19.44 0.00 19.44 AP 00351721 10/01/2014 BOJORQUEZ,MONIQUE 44.00 0.00 44.00 AP 00351722 10/01/2014 BOOT BARN INC. 801.89 0.00 801.89 Al' 00351723 10/01/2014 BRAUN BLAISING MCLAUGHLIN 1,970.11 0.00 1,970.11 AP 00351724 10/01/2014 BROOKS,TAUN 67.20 0.00 67.20 Al' 00351725 10/01/2014 CABLE INC. 4,411.14 0.00 4,411.14 AP 00351726 10/01/2014 CAL PERS LONG TERM CARE 498.90 0.00 498.90 AP 00351727 10/01/2014 CALIFORNIA FRANCHISE TAX BOARD 186.75 0.00 186.75 AP 00351728 10/01/2014 CALIFORNIA FRANCHISE TAX BOARD 50.00 0.00 50.00 AP 00351729 10/01/2014 CALIFORNIA FRANCHISE TAX BOARD 55.00 0.00 55.00 AP 00351730 10/01/2014 CAPITOL ENQUIRY 192.05 0.00 192.05 Al' 00351731 10/01/2014 CARSON, DANIEL 0.00 240.00 240.00 AP 00351732 10/01/2014 CARTY.DIANE 676.80 0.00 676.80 AP 00351733 10/01/2014 CASTILLO,FRANCISCO 486.90 0.00 486.90 AP 00351734 10/01/2014 CDW-G 683.26 230.30 913.56'" AP 00351735 10/01/2014 CHARTER COMMUNICA'T'IONS 256.92 513.84 770.76"' AP 00351736 10/01/2014 CHILTON,GABRIELLE 552.00 0.00 552.00 AP 00351737 10/01/2014 CITY RENTALS 301.53 0.00 301.53 AP 00351738 10/01/2014 CLARK, KAREN 842.40 0.00 842.40 AP 00351739 10/01/2014 CLEAN ENERGY 4.237.79 0.00 4,237.79 AP 00351740 10/01/2014 COBB,ALONZO 120.00 0.00 120.00 AP 00351741 10/01/2014 COLEMAN,DE ANNA 132.00 0.00 132.00 AP 00351742 10/01/2014 COMBINED MAR'T'IAL SCIENCE INC 2,088.20 0.00 2,088.20 AP 00351743 10/01/2014 CONFIREJPA 0.00 50,254.43 50,254.43 AP 00351744 10/01/2014 CORTEZ,KIYOSHI 26.10 0.00 26.10 AP 00351745 10/01/2014 COSTAR REAL'T'Y INFORMATION INC 885.00 0.00 885.00 AP 00351746 10/01/2014 CRIME SCENE STERI-CLEAN LLC 540.00 0.00 540.00 AP 00351747 10/01/2014 D&D SERVICES INC. 430.00 0,00 430.00 AP 00351748 10/01/2014 DAGHDEVIRIAN, KATHY 476.10 0.00 476.10 AP 00351749 10/01/2014 DANCE TERRIFIC 622.65 0.00 622.65 AI' 00351750 10/01/2014 DANIELS TIRE SERVICE 0.00 1,705.18 1,705.18 AP 00351751 10/01/2014 DIAMOND ENVIRONMEN'T'AL SERVICES 237.40 0.00 237.40 AP 00351752 10/01/2014 DIAZ,CESAR 247.48 0.00 247.48 AP 00351753 10/01/2014 DIAZ,RAUL 425.00 0.00 425.00 AP 00351754 10/01/2014 DLT SOLUTIONS INC 3,665.10 0.00 3,665.10 AP 00351755 10/01/2014 DOWNEY,JENNIFER 10.78 0.00 10.78 AP 00351756 10/01/2014 DUMBELL MAN FITNESS EQUIPMENT,THE 0.00 600.00 600.00 AP 00351757 10/01/2014 DUNN,ANN MARIE 604.80 0.00 604.80 AP 00351758 10/01/2014 EAGLES WINGS MINISTRIES 500.00 0.00 500.00 Al' 00351759 10/01/2014 ENGLISH. KEVIN 40.00 0.00 40.00 AP 00351760 10/01/2014 ENTERSECT CORP 79.00 0.00 79.00 AP 00351761 10/01/2014 FELICIANO,ANTHONY 48.00 0.00 48.00 Al' 00351762 10/01/2014 FREQUENT FLYER XTREME GYMNASTICS 547.05 0.00 547.05 AP 00351763 10/01/2014 G AND M BUSINESS INTERIORS 0.00 57.54 57.54 AP 00351764 10/01/2014 GAIL MATERIALS 985.83 0.00 985.83 AP 00351765 10/01/2014 GAMEZ,ERIKA 54.49 0.00 54.49 • User: VLOPEZ- VERONICA LOPEZ Page: 6 Current Date: 10/08/2014 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait I Time: 16:49:17 CITY OF RANCHO CUCAMONGA P25 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 9/24/2014 through 10/7/2014 Check No. Check Date Vendor Name City Fire Amount AP 00351766 10/01/2014 GARDNER,CAROL ANNE 60.00 0.00 60.00 AP 00351767 10/01/2014 GATEWAY PET CEMETERY AND CREMATORY 400.00 0.00 400.00 AP 00351768 10/01/2014 GIORDANO.MARIANNA 72.30 0.00 72.30 AP 00351769 10/01/2014 GONSALVES AND SON,JOE A 3,000.00 0.00 3,000.00 AP 00351770 10/01/2014 GONZALES,ANTOINETTE 54.88 0.00 54.88 AP 00351771 10/01/2014 GRAINGER 530.75 1,782.74 2,313.49"' AP 00351772 10/01/2014 GRANT)CANYON PATIOS,THE 1,767.78 0.00 1,767.78 AP 00351773 10/01/2014 GRAPHICS FACTORY INC. 19.44 0.00 19.44 AP 00351774 10/01/2014 HANSHAW,DIANE 84.00 0.00 84.00 AP 00351775 10/01/2014 HANSON,SUZANNE 204.30 0.00 204.30 AP 00351776 10/01/2014 HAY,SHARON 124.80 0.00 124.80 AP 00351777 10/01/2014 HEILIG,KELLY 410.80 0.00 410.80 AP 00351778 10/01/2014 HENRY SCHEIN ANIMAL HEALTH SUPPLY 3,968.56 0.00 3.968.56 AP 00351779 10/01/2014 HERITAGE EDUCATION GROUP 496.00 0.00 496.00 AP 00351780 10/01/2014 HILLS PET NUT RITTON SALES INC 2,40058 0.00 2.400.58 AP 00351781 10/01/2014 HIRSCFILER, WILLIAM 120.00 0.00 120.00 AP 00351782 10/01/2014 HOHENSHELT,GERTIE 60.00 0.00 60.00 AP 00351783 10/01/2014 HOOD, KARYE 58.74 0.00 58.74 AP 00351784 10/01/2014 HOSE MAN INC 0.00 978.88 978.88 AP 00351785 10/01/2014 HOYT LUMBER CO.,SM 0.00 52.45 52.45 AP 00351786 10/01/2014 HUDSON.RICHARD 2,000.00 0.00 2.000.00 AP 00351787 10/01/2014 HUMANE SOCIETY OF SAN BERNARDINO VALLEY IN 751.00 0.00 751.00 AP 00351788 10/01/2014 IATSE NATIONAL HEALTH&WELFARE FUNDS 307.32 0.00 307.32 AP 00351789 10/01/2014 IATSE NATIONAL HEALTH&WELFARE FUNDS 307.32 0.00 307.32 AP 00351790 10/01/2014 IATSE NATIONAL HEALTH& WELFARE FUNDS 307.32 0.00 307.32 AP 00351791 10/01/2014 INDERWIESCHE,MATT 1,035.30 0.00 1,035.30 AP 00351792 10/01/2014 INLAND FAIR HOUSING AND MEDIATION BOARD 1,247.23 0.00 1,247.23 AP 00351793 10/01/2014 INLAND PRESORT&MAILING SERVICES 37.77 0.00 37.77 Al' 00351794 10/01/2014 INLAND VALLEY DANCE ACADEMY 1,970.16 0.00 1.970.16 AP 00351795 10/01/2014 INTERNATIONAL LINE BUILDERS INC 194,556.67 0.00 194.556.67 AP 00351796 10/01/2014 INTERNATIONAL TICKETING ASSOCIATION INC,THE 258.00 0.00 258.00 AP 00351797 10/01/2014 JOHNNY ALLEN TENNIS ACADEMY 1,076.40 0.00 1,076.40 AP 00351798 10/01/2014 JOLLY JUMPS AND&EXPRESS EVENT SERVICES 499.60 0.00 499.60 AP 00351799 10/01/2014 JONES AND MAYER,LAW OFFICES OF 0.00 320.00 320.00 AP 00351800 10/01/2014 KAISER FOUNDATION HEALTH PLAN INC 209,769.76 0.00 209,769.76 AP 00351801 10/01/2014 KEITH,JORRY 216.00 0.00 216.00 AP 00351802 10/01/2014 KINETIC LIGHTING INC 188.00 0.00 188.00 AP 00351803 10/01/2014 KORNEGAY,GARY 87.00 0.00 87.00 AP 00351804 10/01/2014 LANGUAGE PLANET 166.50 0.00 166.50 Al' 00351805 10/01/2014 LAWSON PRODUCTS INC 0.00 482.45 482.45 Al' 00351806 10/01/2014 LEDCOR BUILDERS, INC 1,000.00 0.00 1,000.00 AP 00351807 10/01/2014 LIGHTHOUSE.THE 0.00 615.25 615.25 AP 00351808 10/01/2014 LINNELL,SHERRY 853.00 0.00 853.00 AP 00351809 10/01/2014 LITTLE BEAR PRODUCTIONS 150.00 0.00 150.00 AP 00351810 10/01/2014 LOS ANGELES FREIGHTLINER 1.703.93 0.00 1.703.93 AP 00351811 10/01/2014 LOUIE'S NURSERY 43.19 0.00 43.19 AP 00351812 10/01/2014 LUCKY FEET SHOES INC 129.60 0.00 129.60 User: VLOPEZ- VERONICA LOPEZ Page: 7 Current Date: 10/08/2014 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait I Time: 16:49:17 CITY OF RANCHO CUCAMONGA P26 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 9/24/2014 through 10/7/2014 Cheek No. Check Date Vendor Name City Fire Amount AP 00351813 10/01/2014 MAGNETIC ATTRACTIONS 443.59 0.00 443.59 AP 00351814 10/01/2014 MAMMANO,JULIE 772.35 0.00 772.35 Al' 00351815 10/01/2014 MANOCCHI.VINCENT MICHAEL 125.00 0.00 125.00 AP 00351816 10/01/2014 MARIPOSA LANDSCAPES INC 106,057.71 0.00 106,057.71 AP 00351817 10/01/2014 MARK CHRISTOPHER INC 0.00 370.86 370.86 Al' 00351818 10/01/2014 MARSHALL,SYLVIA 953.70 0.00 953.70 AP 00351819 10/01/2014 MATUS,MARTIN 27.00 0.00 27.00 AP 00351820 10/01/2014 MAVENL.1NK INC 4,527,00 0.00 4,527.00 AP 00351821 10/01/2014 MAXWELL.ANTHONY 42.00 0.00 42.00 AP 00351822 10/01/2014 MAXWELL. MICHELLE 42.60 0.00 42.60 AP 00351823 10/01/2014 MC GEE, EBONY 500.00 0.00 500.00 AI' 00351824 10/01/2014 MIDWEST"TAPE 117.93 0.00 117.93 AP 00351825 10/01/2014 MOE,JOAN 83.30 0.00 83.30 AP 00351826 10/01/2014 MORRIS, RICHARD 52.20 0.00 52.20 AP 00351827 10/01/2014 MOUNTAIN VIEW GLASS AND MIRROR INC 51.84 0.00 51.84 AP 00351828 10/01/2014 MUSICSTAR 766.80 0.00 766.80 AP 00351829 10/01/2014 NAPA AUTO PARTS 0.00 277.63 277.63 AP 00351830 10/01/2014 NASCO 0.00 759.24 759.24 AP 00351831 10/01/2014 NATIONAL CONSTRUCTION RENTALS INC 75.00 0.00 75.00 AP 00351832 10/01/2014 NAVARRO,LUPE 95.00 0.00 95.00 AP 00351833 10/01/2014 NEW PARADISE CONSTRUCTION 500.00 0.00 500.00 AP 00351834 10/01/2014 NICHOLS,GARY 788.90 0.00 788.90 AP 00351836 10/01/2014 OFFICE DEPOT 1,022.12 1,619.82 2,641.94*** Al' 00351837 10/01/2014 ONTARIO ICE SKATING CENTER 344.40 0.00 344.40 AI' 00351838 10/01/2014 ONTIVEROS.ANNA 87.00 0.00 87.00 Al' 00351839 10/01/2014 PACIFIC YOUTH SPORTS 341.25 0.00 341.25 Al' 00351840 10/01/2014 PAL CAMPAIGN 10.00 0.00 10.00 Al' 00351841 10/01/2014 I'ENNINGTON,JOHN 500.00 0.00 500.00 AP 00351842 10/01/2014 PERFORMANCE MARTIAL ARTS CENTER 157.50 0.00 157.50 Al' 00351843 10/01/2014 PETES ROAD SERVICE INC 3.040,56 0.00 3.040.56 AP 00351844 10/01/2014 POWER PLAY YOUTH ATHLETICS 252.70 0.00 252.70 AP 00351845 10/01/2014 PRE-PAID LEGAL SERVICES INC 113.85 0.00 113.85 AP 00351846 10/01/2014 PRECISION GYMNAS'T'ICS 1.373.05 0.00 1,373.05 AP 00351847 10/01/2014 PRINTB3 792.30 0.00 792.30 AP 00351848 10/01/2014 PUBLIC SURPLUS 0.00 89,25 89.25 AP 00351849 10/01/2014 RANCHO FOOTHILLS SERVICE UNIT 250.00 0,00 250.00 AP 00351850 10/01/2014 RED WING SHOE STORE 1.235.82 0.00 1,235.82 AP 00351851 10/01/2014 REHABWEST INC 394.06 0.00 394.06 AP 00351852 10/01/2014 RICHARDS WATSON AND GERSHON 33,651.45 0.00 33,651.45 AP 00351853 10/01/2014 RICHLEIGH INVESTMENTS INC 435.43 0.00 435.43 AI' 00351854 10/01/2014 RILES,DAVID 60.00 0.00 60.00 AP 00351855 10/01/2014 S.CALIF.MUNICIPAL ATHLE'T'IC FEDERATION 150.00 0.00 150.00 AP 00351856 10/01/2014 SAN ANTONIO COMMUNITY HOSPITAL 0.00 170.00 170.00 AP 00351857 10/01/2014 SAN BERNARDINO COUNTY SHERIFFS DEPT 892.16 0.00 892.16 AP 00351858 10/01/2014 SAN BERNARDINO COUNTY SHERIFFS DEPT 223.04 0.00 223,04 Al' 00351859 10/01/2014 SAN BERNARDINO COUNTY SHERIFFS DEPT 212.73 0.00 212.73 AP 00351860 10/01/2014 SAN BERNARDINO COUNTY SHERIFFS DEPT 6,595.99 0.00 6,595.99 User: VLOPEZ- VERONICA LOPEZ Page: 8 Current Date: 10/08/2014 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait 1 Time: 16:49:17 CITY OF RANCHO CUCAMONGA P27 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 9/24/2014 through 10/7/2014 Check No. Check Date Vendor Name City Fire Amount AP 00351861 10/01/2014 SAN BERNARDINO COUNTY SHERIFFS DEPT 7,283.18 0.00 7,283.18 Al' 00351862 10/01/2014 SAN BERNARDINO CTY 0.00 10,177.38 10,177.38 AP 00351863 10/01/2014 SBPEA 797.96 0.00 797.96 AP 00351864 10/01/2014 SC FUELS 3,847.71 12,466.47 16,314.18*** AP 00351865 10/01/2014 SEXTON.SHEILA 6.00 0.00 6.00 AP 00351866 10/01/2014 SHERIFFS COURT SERVICES 48.17 0.00 48.17 AP 00351867 10/01/2014 SHERIFFS COURT SERVICES 93.38 0.00 93.38 AP 00351868 10/01/2014 SHERIFFS COURT SERVICES 150.00 0.00 150.00 AP 00351869 10/01/2014 SHERIFFS COURT SERVICES 30.51 0.00 30.51 AP 00351870 10/01/2014 SHOETERIA 1.192.81 0.00 1,192.81 AP 00351871 10/01/2014 SHRED PROS 0.00 35.00 35.00 AP 00351872 10/01/2014 SMART AND FINAL 0.00 24.01 24.01 AP 00351873 10/01/2014 SMITH, LEE JAYMI 853.00 0.00 853.00 AP 00351874 10/01/2014 SMITH.MICHAEL C 853.00 0.00 853.00 AP 00351875 10/01/2014 SO CALIF GAS COMPANY 3,017.43 237.00 3,254.43 *** AP 00351876 10/01/2014 SOUTH COASTAQMD 0.00 1,784.62 1,784.62 AP 00351885 10/01/2014 SOUTHERN CALIFORNIA EDISON 21,390.78 7,949.65 29,340.43 *** AP 00351886 10/01/2014 SOUTHERN CALIFORNIA EDISON 690.46 0.00 690.46 AP 00351887 10/01/2014 SOUTHERN COUNTIES LUBRICANTS LLC 0.00 4.823.59 4,823.59 AP 00351888 10/01/2014 STANLEY R HOFFMAN ASSOCIATES INC 4,150.00 0.00 4,150.00 AP 00351889 10/01/2014 SUN BADGE CO 0.00 142.11 142.11 AP 00351890 10/01/2014 SWIFTY SIGN 0.00 150.00 150.00 AP 00351891 10/01/2014 TERMINIX PROCESSING CENTER 0.00 326.75 326.75 AP 00351892 10/01/2014 THOMPSON PLUMBING SUPPLY 94.93 0.00 94.93 AP 00351893 10/01/2014 U.S. BANK PARS ACCT#6746022500 1,013.63 0.00 1,013.63 AP 00351894 10/01/2014 U.S. BANK PARS ACCT#6746022500 16,689.97 0.00 16,689.97 AP 00351895 10/01/2014 UNITED SCENIC ARTISTS PENSION AND WELFARE FU 204.88 0.00 204.88 Al' 00351896 10/01/2014 UNITED SCENIC ARTISTS PENSION AND WELFARE FU 204.88 0.00 204.88 AP 00351897 10/01/2014 UNITED SCENIC ARTISTS PENSION AND WELFARE FU 204.88 0.00 204.88 AP 00351898 10/01/2014 UNITED WAY 186.00 0.00 186.00 AP 00351899 10/01/2014 UNIVERSAL BRANDS INC 415.00 0.00 415.00 AP 00351900 10/01/2014 UNIVERSAL MARTIAL ARTS CENTERS 1,052.45 0.00 1,052.45 AP 00351901 10/01/2014 UPLAND ANIMAL HOSPITAL 3.087.77 0.00 3,087.77 AP 00351902 10/01/2014 VECCHIO,TOM 316.80 0.00 316.80 AP 00351903 10/01/2014 Verizon 26.04 0.00 26.04 AP 00351904 10/01/2014 VERIZON BUSINESS SERVICES 20.04 0.00 20.04 AP 00351905 10/01/2014 VERIZON BUSINESS SERVICES 73.61 0.00 73.61 AP 00351906 10/01/2014 VERIZON BUSINESS SERVICES 2,991.10 0.00 2.991.10 AP 00351907 10/01/2014 VERIZON CALIFORNIA 957.83 116.15 1.073.98*** Al' 00351908 10/01/2014 VICTORIA ANIMAL HOSPITAL 350.00 0.00 350.00 AP 00351909 10/01/2014 VIRTUAL PROJECT MANAGER INC 500.00 0.00 500.00 AP 00351910 10/01/2014 WALTERS WHOLESALE ELECTRIC CO 0.00 1,631.87 1,631.87 AP 00351911 10/01/2014 WARREN,ELIZABETH 190.00 0.00 190.00 AP 00351912 10/01/2014 WAXIE SANITARY SUPPLY 5,024.98 1,582.76 6,607.74 *** AP 00351913 10/01/2014 WEST END FAMILY COUNSELING SERVICES 230.00 0.00 230.00 AP 00351914 10/01/2014 WEST END MATERIAL SUPPLY 0.00 68.45 68.45 AP 00351915 10/01/2014 WIECZOREK.LINDA 50.00 0.00 50.00 User: VLOPEZ- VERONICA LOPEZ Page: 9 Current Date: 10/08/2014 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait I Time: 16:49:17 CITY OF RANCHO CUCAMONGA P28 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 9/24/2014 through 10/7/2014 Check No. Check Date Vendor Name Citv Fire Amount AP 00351916 10/01/2014 ZEE MEDICAL INC 1,098.67 0.00 1,098.67 AP 00351917 10/01/2014 ZOETIS 244.69 0.00 244.69 AP 00351918 10/02/2014 ABC LOCKSMITHS 25.55 0.00 25.55 Al' 00351919 10/02/2014 AIRGAS USA LLC 331.72 1,459.74 1,791.46*** AP 00351920 10/02/2014 BIBLIO'I'HECA ITG 500.00 0.00 500.00 AP 00351923 10/02/2014 BRODART BOOKS 5.639.83 0.00 5,639.83 AP 00351924 10/02/2014 CALSENSE 1,573.92 0.00 1,573.92 Al' 00351926 10/02/2014 CUCAMONGA VALLEY WATER DISTRICT 54,356.64 3,149.28 57.505.92*** AP 00351927 10/02/2014 DUNN EDWARDS CORPORATION 319.15 0.00 319.15 AP 00351928 10/02/2014 EMCOR SERVICE 0.00 1,791.00 1,791.00 AP 00351929 10/02/2014 EWING IRRIGATION PRODUC'T'S 4,155.68 0.00 4,155.68 AP 00351930 10/02/2014 GENERATOR SERVICES CO 0.00 2.783.70 2,783.70 AP 00351931 10/02/2014 HYDRO SCAPE PRODUCTS INC 691,75 0.00 691.75 AP 00351932 10/02/2014 UNIFIRST UNIFORM SERVICE 0.00 150.90 150.90 El' 00004615 09/25/2014 AHUMADA.ALEXANDER R 0.00 846.58 846.58 EP 00004616 09/25/2014 ALMAND.LLOYD 0.00 535.72 535.72 EP 00004617 09/25/2014 BANTA U,VICTORIA 0.00 832.95 832.95 El' 00004618 09/25/2014 BAZAL,SUSAN 0.00 1,353.64 1,353.64 EP 00004619 09/25/2014 BERRY.DAVID 0.00 964.58 964.58 EP 00004620 09/25/2014 BROCK, ROBIN 0.00 832.95 832.95 EP 00004621 09/25/2014 CAMPBELL,GERALD 0.00 1,289.65 1,289.65 EP 00004622 09/25/2014 CARNES,KENNETH 0.00 717.76 717.76 EP 00004623 09/25/2014 CLABBY,RICHARD 0.00 964.58 964.58 EP 00004624 09/25/2014 CORCORAN, ROBERT 0.00 505.59 505.59 El' 00004625 09/25/2014 COX, KARL 0.00 535.72 535.72 EP 00004626 09/25/2014 CRANE, RALPH 0.00 1,353.64 1,353.64 EP 00004627 09/25/2014 CROSSLAND, WILBUR 0.00 470,94 470.94 EP 00004628 09/25/2014 DAGUE,JAMES 0.00 1,130.18 1,130.18 EP 00004629 09/25/2014 DE ANTONIO,SUSAN 0.00 505.59 505.59 EP 00004630 09/25/2014 DOMINICK,SAMUEL A. 0.00 832.95 832.95 EP 00004631 09/25/2014 EAGLESON.MICHAEL 0.00 1,504.93 1,504.93 EP 00004632 09/25/2014 FRITCHEY,JOHN I). 0.00 470.94 470.94 EP 00004633 09/25/2014 HEYDE. DONALD 0.00 1.130.18 1,130.18 EP 00004634 09/25/2014 INTERLICCHIA, ROSALYN 0.00 1,130.18 1,130.18 EP 00004635 09/25/2014 LANE,WILLIAM 0.00 1,504.93 1,504.93 EP 00004636 09/25/2014 LEE.ALLAN 0.00 1,472.85 1,472.85 EP 00004637 09/25/2014 LENZE, PAUL E 0.00 1,102.77 1,102.77 EP 00004638 09/25/2014 LONGO.JOE 0.00 175.97 175.97 EP 00004639 09/25/2014 LUTTRULL, DARRELL 0.00 717.76 717.76 EP 00004640 09/25/2014 MACKALL,BENJAMIN 0.00 175.97 175.97 EP 00004641 09/25/2014 MAYFIELD. RON 0.00 1,353.64 1,353.64 EP 00004642 09/25/2014 MCKEE.JOHN 0.00 535.72 535.72 El' 00004643 09/25/2014 MCMILLEN,LINDA 0.00 535.72 535.72 EP 00004644 09/25/2014 MCNEIL, KENNETH 0.00 944.68 944.68 EP 00004645 09/25/2014 MICHAEL,L.DENNIS 0.00 832.95 832.95 EP 00004646 09/25/2014 MORGAN,BYRON 0.00 2,265.72 2,265.72 EP 00004647 09/25/2014 MYSKOW.DENNIS 0.00 964.58 964.58 User: VLOPEZ- VERONICA LOPEZ Page: 10 Current Date: 10/08/2014 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait I Time: 16:49:17 CITY OF RANCHO CUCAMONGA P29 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 9/24/2014 through 10/7/2014 Check No. Check Date Vendor Name City Fire Amount EP 00004648 09/25/2014 NAUMAN, MICHAEL 0.00 964.58 964.58 EP 00004649 09/25/2014 NEE.RON 0.00 1,795.43 1,795.43 EP 00004650 09/25/2014 NELSON,MARY JANE 0.00 175.97 175.97 EP 00004651 09/25/2014 PLOUNG,MICHAEL 1 0.00 3,149.68 3,149.68 EP 00004652 09/25/2014 POST,MICHAEL R 0.00 1,717.64 1,717.64 EP 00004653 09/25/2014 PROULX,PATRICK 0.00 1,504.93 1,504.93 EP 00004654 09/25/2014 ROEDER,JEFF 0.00 1,504.93 1,504.93 EP 00004655 09/25/2014 SALISBURY,THOMAS 0.00 832.95 832.95 EP 00004656 09/25/2014 SMITH,RONALD 0.00 964.58 964.58 EP 00004657 09/25/2014 SI'AGN01.0,SAM 0.00 470.94 470.94 EP 00004658 09/25/2014 SPAIN,WILLIAM 0.00 717.76 717.76 EP 00004659 09/25/2014 SULLIVAN.JAMES 0.00 1,086.58 1,086.58 EP 00004660 09/25/2014 'TAYLOR,STEVE 0.00 1,102.77 1,102.77 EP 00004661 09/25/2014 TULEY.TERRY 0.00 1,130.18 1,130.18 EP 00004662 09/25/2014 VANDERKALLEN, FRANCIS 0.00 1,157.44 1,157.44 El' 00004663 09/25/2014 WOLFE,JACKIE 0.00 617.32 617.32 EP 00004664 09/25/2014 YOWELL,TIMOTHY A 0.00 1,353.64 1.353.64 EP 00004665 09/25/2014 KILMER,S'T'EPHEN 0.00 1,289.65 1,28965 EP 00004666 09/25/2014 WALTON,KEVIN 29,890.83 1,289.65 1,289.65 "' EP 00004667 10/01/2014 CHAFFEY JOINT UNION HS DISTRICT 202.80 0.00 202.80 EP 00004668 10/01/2014 RCPFA 10.119.79 0.00 10,119.79 El' 00004669 10/01/2014 SAN BERNARDINO C9Y SHERIFFS DEPT 2,510,019.00 0.00 2.510.019.00 EP 00004670 10/01/2014 RCCEA 1,112.00 0.00 1,112.00 Total City: $4,384,137.48 Total Fire: $583,709.01 Grand Total: $4,967,846.49 Note: *** Check Number includes both City and Fire District expenditures User: VLOPEZ- VERONICA LOPEZ Page: I I Current Date: 10/08/2014 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait I Time: 16:49:17 P30 CO 2 co > < m e 6 a el 6 N 0 Y h N Y o IS O - - - O V C V ^. 0 r• r- C 0 O a 0 o g E U n. o z o .5 co E 0 ao rc c f > p > co O N t'Oi v N V r '°. 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J RANCHO CUCAMONGA Date: October 15, 2014 To: Mayor and Members of the City Council From: Candyce Burnett, Planning Director By: Mayuko Nakajima, Assistant Planner Subject: HISTORIC LANDMARK DESIGNATION DRC2014-00769 - JASON AND JULIE LEONARD - A request to designate the Jamison House as a historic landmark within the Low Residential (L) District, located at 8204 Archibald Avenue - APN: 0208-377-14. The project is categorically exempt under Section 15331 as a Class 31 exemption of the guidelines for the California Environmental Quality Act. Related case: Mills Act DRC2014-00770. MILLS ACT DRC2014-00770 - JASON AND JULIE LEONARD - A request to implement the use of the Mills Act to reduce property tax for the Jamison House, a potential historic landmark located at 8204 Archibald Avenue - APN: 0208-377-14. The project is categorically exempt under Section 15331 as a Class 31 exemption of the guidelines for the California Environmental Quality Act. Related case: Landmark Designation DRC2014-00769. RECOMMENDATION: The Historic Preservation Commission unanimously recommends designation of the Jamison House as a designated historic landmark and approval of a Mills Act Agreement by adoption of the attached Resolution of Approval and Mills Act Agreement. BACKGROUND: The subject structure, located at 8204 Archibald Avenue, was built in 1926 by I.T. Jamison and was once surrounded by 19 acres of deciduous fruit trees, including peaches that were packed in the back shed. According to the 1988 Historic Preservation Commission Staff Report, the Jamison family name appeared on the 1909 check register of the First National Bank of Cucamonga. The Craftsman style residence is in great condition despite its age. Since the construction of the home 88 years ago, the property has had a series of different owners. The current owners, Jason and Julie Leonard, acquired the property in 2013 and are requesting landmark designation and use of the Mills Act contract. ANALYSIS: The attached Historic Preservation Commission staff report provides a detailed analysis of the historical and cultural significance of the Jamison House and facts for finding. • ENVIRONMENTAL ASSESSMENT: The project is categorically exempt under Section 15331 as a Class 31 exemption of the guidelines for the California Environmental Quality Act. P40 CITY COUNCIL STAFF REPORT DRC2014-00769 AND DRC2014-00770—JASON AND JULIE LEONARD October 15, 2014 Page 2 Respectf ly submitted, Y Candyc urnett Planning Director CB:MN/ge Attachments: Exhibit A - Historic Preservation Commission Staff Report dated October 8, 2014 Draft Resolution of Approval for Landmark Designation DRC2014-00769 Mills Act Agreement for Mills Act Application DRC2014-00770 STAFF REPORT P41 kQ41 PL%NNING DEPARTMENT Lt RANCHO Date: October 8, 2014 CUCAMONGA To: Chairman and Members of the Historic Preservation Commission From: Candyce Burnett, Planning Director By: Mayuko Nakajima, Assistant Planner Subject: HISTORIC LANDMARK DESIGNATION DRC2014-00769 - JASON & JULIE LEONARD - A request to designate the Jamison House as a historic landmark within the Low Residential (L) District, located at 8204 Archibald Avenue; APN: 020837714. The project is categorically exempt under Section 15331 as a Class 31 exemption of the guidelines for the California Environmental Quality Act. Related case: Mills Act DRC2014-00770. This item will be forwarded to the City Council for final action. MILLS ACT DRC2014-00770 - JASON & JULIE LEONARD - A request to implement the use of the Mills Act to reduce property tax for the Jamison House, a potential historic landmark located at 8204 Archibald Avenue - APN: 020837714. The project is categorically exempt under Section 15331 as a Class 31 exemption of the guidelines for the California Environmental Quality Act. Related case: Landmark Designation DRC2014-00769. This item will be forwarded to the City Council for final action. RECOMMENDATION: Staff recommends that the Historic Preservation Commission recommend approval of Landmark Designation DRC2014-00769 and Mills Act DRC2014-00770 to be forwarded to the City Council for final action. BACKGROUND A. Previous Review: On June 2, 1988, the Historic Preservation Commission (HPC) voted to recommend landmark designation of the Jamison House. However, because of an objection from the owner, the landmark designation was put "on hold" until further notice, and the item did not move forward to the City Council for final approval. Today, the current owners of the property, Jason and Julie Leonard, are in favor of designating their property. B. Historical Significance: The subject structure, located at 8204 Archibald Avenue, was built in 1926 by I.T. Jamison and was surrounded by 19 acres of deciduous fruit trees, including peaches that were packed in the back shed. A garage with clapboard siding stancjps next to the peach shed. The two buildings are similar in shape and size. According to the 1988 Historic Preservation Commission Staff Report, the Jamison family name appeared on the 1909 check register of the First National Bank of Cucamonga. This information came from an interview with the late Ms. Ada Cooper. The Craftsman style residence is in great condition. It is a one-story structure with an east-facing facade, side gable roof with a medium pitch, wide eaves, exposed rafter tails and decorative wood venting under the gable peaks. It is of wood frame construction, wood clapboard siding with river rock cladding on the porch columns and porch wall. The front façade entails a full-width front porch and double-hung wood windows. EXHIBIT A P42 HISTORIC LANDMARK DESIGNATION DRC2014-00769 MILLS ACT DRC2014-00770-JASON &JULIE LEONARD October 8, 2014 Page 2 Ownership History: According to the San Bernardino County Assessor's information, ownership history is as follows: 1921-1935 — I.T. Jamison 1936 — Lucas Ranching Company 1937-1947 — Helen Need, M.J. Agnew, et.al. 1948-unknown — Maddalena and Franesco Valli unknown-1975 — Carl and Margaret Brancacio 1975-2004 —Charles and Rose McLane 2004-2012 — Uribe family 2012-2013 — bank owned 2013-current— Jason and Julie Leonard C. Site Characteristics: The project site is on a rectangular-shaped parcel (approximately 0.28 acre), located approximately 615 feet south of Foothill Boulevard. The lot is zoned Low (L) Residential. Properties to the north, east, south, and west are also zoned Low (L) Residential. ANALYSIS A. General: The house was identified in the City of Rancho Cucamonga 2009 historic survey results, performed by Chattel Architecture and was classified as a "5S3" classification, which means it "appears to be individually eligible for local listing or designation through survey evaluation." Based on earlier research and staff reports to the Historic Preservation Commission in 1988, staff found the property to be eligible for local designation. The house has had minor changes to the exterior such as new doors and a back porch that was enclosed, according to the McLane family. However, even today, the house still remains with sufficient integrity. B. Landmark Designation: The subject site qualifies for landmark designation based upon much of the criteria from the City's Historic Preservation Ordinance, including such significant areas as historical and cultural significance and integrity. Details related to these areas of significance are contained in the Facts for Findings Section. The purpose of the designation is to preserve, protect, enhance, and perpetuate a significant feature that contributes to the cultural and aesthetic benefit of Rancho Cucamonga. C. Mills Act Agreement: In accordance with City policy, the owner has requested a Mills Act Agreement. The Agreement Schedule List of Improvements has been drafted and reviewed and is attached for reference (Exhibit E). The concept of the Mills Act Program is to provide an incentive for the property owner to protect and preserve the property by retaining its characteristics of historical significance. This intent is encouraged through the reduction of property taxes, thus enabling the property owner to reinvest the money saved from the reduced property tax on the improvements. The properties that enter into the agreement are to be inspected by City staff on an annual basis to determine whether notable. progress has P43 HISTORIC LANDMARK DESIGNATION DRC2014-00769 MILLS ACT DRC2014-00770-JASON &JULIE LEONARD October 8, 2014 Page 3 • been made in rehabilitating the property. Staff estimates the property tax savings to the owner could be as much as $1,380 per year. The exact amounts are dependent upon the County Assessor's property valuation, which is based on income potential and capitalization rate at the time of the assessment. D. Environmental Assessment: The project is categorically exempt under Section 15331 as a Class 31 exemption of the guidelines for the California Environmental Quality Act. FACTS FOR FINDING: A. Historical and Cultural Significance: Finding 1: It is or was once associated with events that made a significant contribution to the broad patterns of local or regional history or the cultural heritage of California or the United States. Fact/s: The property is a prime example of the local agricultural economy, which was an important part of early Cucamonga. Finding 2: It is or was once associated with persons important to local, California, or national history. Fact/s: The property is associated with the Jamisons, who were an early family that grew deciduous fruit trees, an important part of the local produce supply of the area. Finding 3: It embodies the distinctive characteristics of a type, period, or method of construction. Facts: The dwelling is a good example of Craftsman architecture and has been well maintained. Finding 4: It has yielded or has the potential to yield information important to the prehistory or history of the local area, California, or the nation. Fact/s: The structure and property has potential to yield information about the local agricultural economy. B. Integrity: Finding 1: Historic Landmarks must retain integrity from their period of significance with respect to location, design, setting, materials, workmanship, feeling, association, or any combination of these factors. A proposed landmark need not retain all such original aspects, but must retain sufficient integrity to convey its historic, cultural, or architectural significance. Neither the deferred maintenance of a proposed landmark, nor its dilapidated condition shall, on its own, be equated with a loss of integrity. Integrity shall be judged with reference to the particular characteristics that support the property's eligibility. Fact/s: According to the DPR 523 record form completed by Chattel Architecture as part of the General Plan Update in 2010, the proposed landmark retains high integrity from their period of significance with respect to setting, location, materials, P44 HISTORIC LANDMARK DESIGNATION DRC2014-00769 MILLS ACT DRC2014-00770-JASON &JULIE LEONARD October 8, 2014 Page 4 workmanship, association, design and feeling. It retains sufficient integrity to convey its historic, cultural, or architectural significance. CORRESPONDENCE: The Historic Landmark Designation was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within 660 feet of the project site. Respectfully submitted, �ti Candyce B" nett Planning Director CB:MN/ge Attachments: Exhibit A - Location Map Exhibit B - 1938 Historic Aerial Exhibit C - DPR 523 Record Form Exhibit D - Photographs Exhibit E - Draft Mills Act Contract DRC2014-00770 List of Improvements Draft Resolution of Approval for DRC2014-00769 P45 - r . i ii •N''4,; 41" •'.. r• "i } `�. it f !E, _ h ' f• .... __- �.. • -1 1 � '1 • i` Y • lit. .0,4- 0- ,ti.:. , ....„ . fs 4,. OW • 4, . ei...A .linni IN ' . F . _ • ?, ia s t � ` • r 3,. . . .„. . .. ., -. ,.,--,...1,4.-..e.-, .4 ., / 4,,ji ..as3, . .. .rfiii.. „ , , . �: I •..nf� .w1.;.''. ., _.. .., .., . , , _c . - ...„ r - = lit .. ... ii.....), „7. ..,,, .., . 0 an . pleqtt{Div all _o . _ -` .. • t. i s f � �s ate., .:.w•-- 4:. . ..4.4 CD • o w . f CL 4. ,, i '. ' C.„,,,,ilet.,,Alklo , ,..704-... .- • .. iiiir-7, , .P.L '.„ • • 7, •,. -4''';.':. •s .; )i,..:1).........,, ... ..ti,,,,, t mar, • 'itikt.,..-:„ ........-.,;:t,.;.:..,1,,! :: ,, _ - - 410 ' ,. i . ... EXHIBIT A P46 a •••••••• ••••• •••p••• - - - ` •i• a•• •• '• • . • . • . •iii• is.* • . 0 • — 4 e de.*sae qur • . •• 1.• !•. : • • •. • *• • •+ * • . • i t1 t N • • • 1~ •• . I • +rt • • 4 .j • •*4 • • r16• •t•a• j $ t• ••0 • .t • r i•i . a• aim a. •i a 4'++T • • a K il •• ••- or lit. • •s •r A 1 •• • if : . . 0* •4, Ill_ -• „III •• s• _ : • sleet. flL !IJ ■ /: ! . I�, •�11.41•t •!t ♦• :• i., , •f r • a•t• is a 3 °; a eels ii • d . ••■ ce.. :.:x:, .,,: .a. Y ♦. Y. S dg. ..•" Z ........4.i...: -C' r i . t ::..t"S atl$Rwf • i. 6 ..fix sY �, '� �� �• .. ,....., ,,..,. . ,. .. ..„7,, ..:El.• , - . . .. „a.e. . , ., i6e'L . 4 l .i s+M l4 f,a *-.• lg. . ... ..,..,. ,.• ,. „. . ..u... , ...i .. Vr ' • • .. ....N -_ ./fMp�•��!!I I, : .,,,'tY _-V'.1.• ..:„, :t....:4„,t1- .1,';,..:;i4it i:1W : - ' ' 41.44.41 4 1 i T.. • ' r4'4 '. -' ---AI?. ..,- r a,,,,, fiff.. al 1 +P 44,4.+4". ,,.•.. • .. •••••K a• - .R#.t11••• •*•*!• 1'' C, 10-v-p1 a r 4,1:ff,,,filt !. .t• •.�r 0 4 ii , • . • bar loftst EXHIBIT B _ '; . • .. ,I,.. , ___ P47 State of California-The Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI# PRIMARY RECORD Trinomial NRHP Status Code 5S3 Other Listings Review Code Reviewer Date Page 1 of 1 *Resource name or#:(assigned by recorder)Jamison House P1. Other Identifier: *P2. Location:_Not for Publication X Unrestricted *a.County: an Bernardino *b. USGS 7.6'Quad: Date: T ; R ; 1/4 of 1/4 of Sec M.D. B.M. c. Address: jig Archibald Ave City: Rancho Cucamonaa d. UTM:Zone: 10 ; mE/ nN(G.P.S.) e. Other Locational Data: (e.g.,parcel#,directions to resource,elevation,etc.,as appropriate) APN:20837714 Previous status code: PLL:5SZ *P3a. Description: (Describe resource and its major elements. Include design,materials,condition,alterations,size,setting and boundaries) A)Property type: residential, building B)Setting:in residential area on major thoroughfare;2 buildings on site;site contains fencing and driveway C)Architectural style:Craftsman D)General characteristics:facade faces east; 1-story; side gable roof with medium pitch,wide eaves,exposed rafter tails,and decorative venting under gable peaks; rectangular plan; no basement visible, 1 vertical division,wood-frame construction,wood clapboard siding with river rock cladding on porch columns and porch wall E)Specific features:full-width front porch,wood double-hung windows arranged in trios at front;primary entrance at front with single door;secondary entrance at side with single door F)Decorative elements:none G)Major alterations:fenestration and entrances H)Integrity level:high I)Retains integrity:setting, location, materials,workmanship, association,design,feeling *P3b. Resource Attributes:(List attributes and codes): j1P2.Sinale family property *P4. Resource Present: X Building Object District Structure Site Element of District Other P5a. Photo or Drawin• P6b. Photo no: 34704471 4 ' *P6. Date Constructed/Age and Sources: *. _ -, ty X Historic Prehistoric jl t .r ..k °`p ' . .I DOC: 1926 yY. •• rye• •�'4. ,� N n _...r — �� •� 5,' *P7. Owner and Address: unavailable x. * Recorded by: 7tr " u'r Jenna Snow, Gabrielle Harlan and Kathryn `� McGee,Chattel Architecture, Planning& i. "?'**^e f (1- •f.' Preservation, Inc., 13417 Ventura Blvd., Sherman Oaks,CA 91423 �. �."•. t'�r`tom:• '- ''� ` "P9. Date Recorded:2/2009-9/2009 t;► r �+t'a; 5 # "r ' *P10. Survey Type: Reconnaissance *P11. Report Citation:Chattel Architecture,Planning&Preservation,Inc.Historic Resources Survey of Rancho Cucamonga. Prepared for the City of Rancho Cucamonga as part of the General Plan Update,2009-2010. *Attachments:&None_Location Map_Sketch Map_Continuation Sheet Building,Structure,and Object Record_Archaeological Record _District Record_Linear Feature Record_Milling Station Record Rock Art Record_Artifact Record_Photograph Record_Other: EXHIBIT C ps /Pi-><y P48 . _ . .... • ...., .-L,..., ....- - :"..-_• - -- -.7 J.-".7__=.-_=-___. -•-•;- _ - ____&_-_--------- ---':"-='---=-- ___ " 'j • --,-- ----.--=_,==.._=—_____---' -------.-.--.7---,--_—___ - ------ - _ • .,.: ..-.- --.=-_-_--.--.-__:..-- -,..- .,R -----..--.__—_ ..... A. arliagt- .--■-vini .,, ,,._,,, _ -.-- ..... - 7=--.....-:.."....:_- -• _ . _- —__ a a • a • . -lial• a a I I , . --••••-...„ ••1:-- imik, 01444144 044141410 --•• lik- - . •". • .nr.e...2.4woffirawroommuiesesiminawbakvehN_ -...1...........,-,____ A ... ._ . Aim sm.._ .. -. _ , • . 1. -- — 1. . Front Elevation N. , :..... • . ' ...„..0.17. 1' . t . ..00 . l e . ,. .., VI . t . _ _- • . . / _ 1 . • ,. •• al . _I..i• .11; • - 111110 ' • , II, I 4=1 I -...... ' _ -.7.-----_...-------:-:--..- __...._..__.._...___--------•••-•:7.--- -4 I*.4 a..I in° iii. ii •• ••• ' r-Ze",-.,-Ars i;r1 • ------._----- --------7-.._.------ aliiiiim: •••••' „In ---_---7-:-.:-••••-_,,,...._ -------__ l -- -• P'` 4 '‘,...1.'r• ' ----------.--Z------_-________- %lb' ! '.t,it, At ., i• ILI, Ir . - .., 41:rl'Ot■vg>low ----.__ , ' , tr". . . .4.alit--e.. ----■ %I_).. ilie4.-7911 /TT -• T '?• 41' ! _ , _ ... - (If -;. .1,11w..0• ---- - , . L ,ft- -zw',Tr 4■•• '..linl% r ). • -Y.. . ir , *I --...,....- ,...4, , • . . .. • ..1 ,.. r .... . -`..., ' . , :"', /t I . 4 der I 0 el. •. - 4.••. „ ,..4, i - lej y• . ' , '• -- t;lit • - - -- --4-•• ' - •••-- -- I .r. •'- ,••••■ , ..1 111 i • dr& . - . ,-• ril. w'n - J 1116 4 WM 041ft EXHIBIT D — . . ..., . ( i-t-p io-C-Al Side Elevation P49 -vaiimitio .11, A P _ r .r 4' _4 ___...- - ,,...,,,,, 1_ ,, w 1 I _ 1�.: l .,r. .. __. '.f Rear Elevation P50 r- . +1, , 1 1{ f', - ` f • s -TM r s -. - .- .. - - - •ii1: r f taw_ Accessory Structure . •,.._ vimioadehm. /1 . Ili 11, Nift,,...._' , N. ' r-� r,..: . „. __ . ....... ,-PI andliftmimmo, • Side Elevation of Residence i P51 POTENTIAL HOME IMPROVEMENTS for Jason Leonard and Julie Leonard 8204 Archibald Avenue Rancho Cucamonga, CA 91730 The following is a list of renovation projects the applicant plans to complete. Future projects proposed by the applicant or by the legal inheritors of this contract will be reviewed by the Historic Preservation commission's staff. ITEM TASK 1. Install north-facing screen door (in 1920's style) 2. Install garden box on north-facing fence line 3. Re-paint exterior 4. Install driveway in-g-N EXHIBIT E P52 RESOLUTION NO. 14-02 A RESOLUTION OF THE HISTORIC PRESERVATION COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF HISTORIC LANDMARK DESIGNATION DRC2014-00769, DESIGNATING THE JAMISON HOUSE A HISTORIC LANDMARK, LOCATED AT 8204 ARCHIBALD AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0208-377-14. A. Recitals. 1. Jason and Julie Leonard, filed an application for a Landmark as described in the title of this Resolution. Hereinafter in this Resolution, the subject Landmark is referred to as "the application." 2. On October 8, 2014, the Historic Preservation 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 Historic Preservation Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part "A," of this Resolution are true and correct. 2. The application applies to approximately 0.28-acre of land, basically a rectangular-shaped configuration, located at 8204 Archibald Avenue. 3. Based upon substantial evidence presented to this Commission during the above-referenced public hearing on October 8, 2014, including written and oral staff reports, together with public testimony, and pursuant to Section 17.18.020 of the Rancho Cucamonga Municipal Code, this Commission hereby makes the following findings and facts: A. Historical and Cultural Significance: Finding 1: It is or was once associated with events that made a significant contribution to the broad patterns of local or regional history or the cultural heritage of California or the United States. Facts: The property is a prime example of the local agricultural economy, which was an important part of early Cucamonga. Finding 2: It is or was once associated with persons important to local, California, or national history. Facts: The property is associated with the Jamisons, who were an early family that grew deciduous fruit trees, an important part of the local produce supply of the area. P53 HISTORIC PRESERVATION COMMISSION RESOLUTION NO. 14-02 HISTORIC LANDMARK DESIGNATION DRC2014-00769 - JASON AND JULIE LEONARD October 8, 2014 Page 2 Finding 3: It embodies the distinctive characteristics of a type, period,or method of construction. Fact/s: The dwelling is a good example of Craftsman architecture and has been well-maintained. Finding 4: It has yielded or has the potential to yield information important to the prehistory or history of the local area, California, or the nation. Fact/s: The structure and property has potential to yield information about the local agricultural economy. B. Integrity Finding 1: Historic Landmarks must retain integrity from their period of significance with respect to location, design, setting, materials, workmanship, feeling, association, or any combination of these factors. A proposed landmark need not retain all such original aspects, but must retain sufficient integrity to convey its historic, cultural, or architectural significance. Neither the deferred maintenance of a proposed landmark, nor its dilapidated condition shall, on its own, be equated with a loss of integrity. Integrity shall be judged with reference to the particular characteristics that support the eligibility of the property. Fact/s: According to the DPR 523 record form completed by Chattel Architecture as part of the General Plan Update in 2010, the proposed landmark retains high integrity from their period of significance with respect to setting, location, materials,workmanship, association, design and feeling. It retains sufficient integrity to convey its historic, cultural, or architectural significance. 4. This Commission hereby finds that the project has been reviewed and considered in compliance with the California Environmental Quality Act (CEQA) of 1970, as amended, and the Guidelines promulgated thereunder. The Council finds that this Landmark Designation is exempt under CEQA, pursuant to State CEQA Guidelines Section 15331, as a Class 31 exemption (Historical Resource Restoration/Rehabilitation). 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby resolves that, pursuant to Section 17.18.020 of the Rancho Cucamonga Municipal Code, the Historic Preservation Commission of the City of Rancho Cucamonga hereby recommends approval of Landmark Designation on the 8th day of October, 2014. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF OCTOBER, 2014. P54 HISTORIC PRESERVATION COMMISSION RESOLUTION NO. 14-02 HISTORIC LANDMARK DESIGNATION DRC2014-00769 - JASON AND JULIE LEONARD October 8, 2014 Page 3 HISTORIC PRESERVATION COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: N` Ravenel Wimberly, Chairman ATTEST: I th\A-A-/q-- Candyce : nett, Secretary I, Candyce Burnett, Secretary of the Historic Preservation Commission for the City of Rancho Cucamonga,do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Historic Preservation Commission of the City of Rancho Cucamonga,at a regular meeting of the Historic Preservation Commission held on the 8th day of October 2014, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE P55 RESOLUTION NO. 14-186 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF HISTORIC LANDMARK DESIGNATION DRC2014-00769, DESIGNATING THE JAMISON HOUSE A HISTORIC LANDMARK, LOCATED AT 8204 ARCHIBALD AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0208-377-14. A. Recitals. 1. Jason and Julie Leonard filed an application for a Landmark as described in the title of this Resolution. Hereinafter in this Resolution, the subject Landmark is referred to as "the application." 2. On October 8, 2014, the Historic Preservation Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. On October 15, 2014, the City Council held their meeting and approved Landmark Designation DRC2014-00769. 4. 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 City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part"A," of this Resolution are true and correct. 2. The application applies to approximately 0.28-acre of land, basically a rectangular configuration, located at 8204 Archibald Avenue. 3. Based upon substantial evidence presented to this Council, including minutes of the public hearing by the Historic Preservation Commission on October 8, 2014, including written and oral staff reports, together with public testimony, and pursuant to Section 17.18.020 of the Rancho Cucamonga Municipal Code, this Council hereby makes the following findings and facts: A. Historical and Cultural Significance: Finding 1: It is or was once associated with events that made a significant contribution to the broad patterns of local or regional history or the cultural heritage of California or the United States. Fact/s: The property is a prime example of the local agricultural economy, which was an important part of early Cucamonga. Finding 2: It is or was once associated with persons important to local, California, or national history. P56 CITY COUNCIL RESOLUTION NO. 14-186 DRC2014-00769 —JASON AND JULIE LEONARD October 15, 2014 Page 2 Fact/s: The property is associated with the Jamisons, who were an early family that grew deciduous fruit trees, an important part of the local produce supply of the area. Finding 3: It embodies the distinctive characteristics of a type, period,or method of construction. Fact/s: The dwelling is a good example of Craftsman architecture and has been well-maintained. Finding 4: It has yielded or has the potential to yield information important to the prehistory or history of the local area, California, or the nation. Fact/s: The structure and property has potential to yield information about the local agricultural economy. B. Integrity Finding 1: Historic Landmarks must retain integrity from their period of significance with respect to location, design, setting, materials, workmanship, feeling, association, or any combination of these factors. A proposed landmark need not retain all such original aspects, but must retain sufficient integrity to convey its historic, cultural, or architectural significance. Neither the deferred maintenance of a proposed landmark, nor its dilapidated condition shall, on its own, be equated with a loss of integrity. Integrity shall be judged with reference to the particular characteristics that support the eligibility of the property. Facts: According to the DPR 523 record form completed by Chattel Architecture as part of the General Plan Update in 2010, the proposed landmark retains high integrity from their period of significance with respect to setting,location, materials,workmanship, association, design and feeling. It retains sufficient integrity to convey its historic, cultural, or architectural significance. 4. This Council hereby finds that the project has been reviewed and considered in • compliance with the California Environmental Quality Act (CEQA) of 1970, as amended, and the Guidelines promulgated thereunder. The Council finds that this Landmark Designation is exempt under CEQA, pursuant to State CEQA Guidelines Section 15331, as a Class 31 exemption (Historical Resource Restoration/Rehabilitation). 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Council hereby resolves that, pursuant to Section 17.18.020 of the Rancho Cucamonga Municipal Code,the City Council of the City of Rancho Cucamonga hereby recommends approval of Landmark Designation on the 15th day of October, 2014. 6. The Mayor shall certify to the adoption of this Resolution. • P57 RECORDING REQUESTED BY and when RECORDED MAIL TO: City Clerk, City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91729 Exempt from recording fees pursuant to Govt. Cod. Sec. 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT THIS AGREEMENT is made and entered into this 15th day of October. 2014, by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation (hereinafter referred to as the "City") and Jason Leonard and Julie Leonard (hereinafter referred to as the "owner") . W ITN E S S E T H : A. Recitals. (i) California Government Code section 50280, et seq. authorize cities to enter into contracts with the Owners of qualified Historical Property to provide for the use, maintenance and restoration of such Historical Property so as to retain its characteristics as property of historical significance; (ii) Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, commonly known as the Jamison House and generally located at the street address 8204 Archibald Avenue, Rancho Cucamonga, CA 91730 (hereinafter such property shall be referred -1- P58 to as the "Historic Property") . A legal description of the Historic Property is attached hereto, marked as Exhibit "A" and is incorporated herein by this reference; (iii) On the 15th day of October. 2014, the City Council of the City of Rancho Cucamonga adopted its Resolution No. thereby declaring and designating the Historic Property as a historic landmark pursuant to the terms and provisions of chapter 2.24 of the Rancho Cucamonga Municipal Code; and, (iv) City and Owner, for their mutual benefit, now desire to enter into this agreement both to protect and preserve the characteristics of historical significance of the Historic Property and to qualify the Historic Property for an assessment of valuation pursuant to the Provisions of Chapter 3, of Part 2, of Division 1 of the California Revenue and Taxation code. B. Agreement NOW, THEREFORE, City and Owner, in consideration of the mutual covenants and conditions set forth herein, do hereby agree as follows: 1. Effective Date and Term of Agreement. This Agreement shall be effective and commence on the 15th day of October, 2014, and shall remain in effect for a term of ten years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 2, below. 2. Renewal . Each year on the anniversary of the effective date of this Agreement (hereinafter referred to as the "renewal date") , a year shall automatically be added to the initial term of this Agreement unless notice of nonrenewal is mailed as provided herein. If either Owner or City desires in any year not to renew the Agreement, Owner or City shall serve written notice of nonrenewal of the Agreement on the other party in advance of the annual renewal date of the Agreement. unless such notice is served by Owner to City at least 90 days prior to the annual renewal date, or served by City to owner at least 60 days prior to the annual renewal date, one year shall automatically be added to the term of the Agreement as provided herein. Owner may make a written protest -2- P59 of the notice. City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to owner of nonrenewal . If either city or Owner serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. standards for Historical Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements, and restrictions: a. Owner shall preserve and maintain the characteristics of historical significance of the Historic Property. Attached hereto, marked as Exhibit "B," and incorporated herein by this reference, is a list of those minimum standards and conditions for maintenance, use, and preservation of the Historic Property, which shall apply to such property throughout the term of this Agreement. b. owner shall , where necessary, restore and rehabilitate the property according to the rules and regulations of the office of Historic Preservation of the State Department of Parks and Recreation and in accordance with the attached schedule of potential home improvements, drafted by the applicant and approved by the city council , attached hereto as Exhibit "C." c. owner shall allow reasonable periodic examinations, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, state Department of Parks and Recreation, State Board of Equalization, and the City, as may be necessary to determine Owner's compliance with the terms and provisions of this Agreement. 4. Provision of Information of corporation. Owner hereby agrees to furnish City with any and all information requested by the City which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. city, following a duly noticed public hearing as set forth in California Government code sections 50280, et seq. , may cancel this -3- P60 Agreement if it determines that owner breached any of the conditions of this Agreement or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property. City may also cancel this Agreement if it determines that the Owner has failed to restore or rehabilitate the property in the manner specified in subparagraph 3(b) of this Agreement. In the event of cancellation, Owner may be subject to payment of those cancellation fees set forth in California Government Code Sections 50280, et seq. 6. Enforcement of Agreement. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of this Agreement. In the event of a default, under the provisions of this Agreement by Owner, city shall give written notice to owner by registered or certified mail addressed to the address stated in this Agreement, and if such a violation is not corrected to the reasonable satisfaction of the city within 30 days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default if said breach or default cannot be cured within 30 days (provided that acts to cure the breach or default may be commenced within 30 days and must thereafter be diligently pursued to completion by owner) , then city may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of owner growing out of the terms of this Agreement, apply to any court, state or federal , for injunctive relief against any violation by Owner or apply for such other relief as may be appropriate. city does not waive any claim of default by owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in city's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereinunder. 7. Binding Effect of Agreement. The owner hereby subjects the Historic Property described in Exhibit "A" hereto to the covenants, reservations, -4- P61 and restrictions as set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Agreement regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed or other instrument. city and owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein touch and concern the land in that owner's legal interest in the Historic Property is rendered less valuable thereby. city and owner hereby further declare their understanding and intent that the benefit of such covenants, reservations, and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the Historic Property for the benefit of the public and Owner. 8. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto. To City: City of Rancho Cucamonga 10500 Civic Center Drive P.O. sox 807 Rancho Cucamonga, CA 91729 Attention: Planning Director To owner: Jason Leonard and Julie Leonard 8204 Archibald Avenue Rancho Cucamonga, CA 91730 -5- P62 9. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. owner agrees to and shall hold City and its elected officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of owner or those of his contractor, subcontractor, agent, employee or other person acting on his behalf which relates to the use, operation, and maintenance of the Historic Property. owner hereby agrees to and shall defend the city and its elected officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of owner's activities in connection with the Historic Property. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the operations referred to in this Agreement regardless of whether or not the city prepared, supplied or approved the plans, specifications or other documents for the Historic Property. c. All of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner whatsoever. d. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. -6- P63 e. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. f. This Agreement shall be construed and governed in accordance with the laws of the state of california. 10. Recordation. No later than 20 days after the parties execute and enter into this Agreement, the city shall cause this Agreement to be recorded in the office of the County Recorder of the county of san Bernardino. The Owner shall be responsible for any fees required by the county for recording this Agreement. 11. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. IN WITNESS WHEREOF, city and Owner have executed this Agreement on the day and year first written above. CITY OF RANCHO CUCAMONGA Dated: By: L. Dennis Michael , Mayor Dated: By: Jason Leonard owner Dated: By: Julie Leonard owner -7- P64 2014 All Capacity Acknowledgment STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ) On , before me, Debra McNay, Assistant City Clerk of the City of Rancho Cucamonga, personally appeared L. Dennis Michael,who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Officer Debra McNay Assistant City Clerk City of Rancho Cucamonga -8- P65 All Capacity Acknowledgement STATE OF COUNTY OF On before me, (Date) (Name and Title of the officer) Personally appeared (Name of person signing) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of officer (Seal) -9- • P66 LEGAL DESCRIPTION For Jason Leonard and Julie Leonard 8204 Archibald Avenue Rancho Cucamonga, CA 91730 N 100 FT E 175 FT S 1/2 NE 1/4 NE 1/4 SEC 10 TP 15 R 7w EX ST Exhibit "A" -10- P67 THE SECRETARY OF INTERIOR'S REHABILITATION STANDARDS 1. Every reasonable effort shall be made to provide a compatible use for a property that requires minimal alteration of the building, structure, or site, and its environment, or to the use of a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure, or site, and its environment shall not be destroyed. The removal or alteration of any historical material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations which have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site, and its environment. 5. Distinctive stylistic features or examples of skilled craftsmanship, which characterize a building, structure, or site, shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historical , physical , or pictorial evidence, rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the most gentle means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any acquisition, protection, stabilization, preservation, rehabilitation, restoration, or reconstruction project. 9. contemporary design for alteration and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historic, architectural , or cultural material and such design is compatible with the size, scale, color, material , and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that, if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired. Exhibit "B-1" -11- P68 PROPERTY MAINTENANCE Property Maintenance. All buildings, structures, yards and other improvements shall be maintained in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited: 1. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls, and windows; 2. scrap lumber, junk, trash or debris; 3. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items; 4. stagnant water or excavations, including pools or spas; 5. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition or its inappropriate location. EXHIBIT "B-2" -12- P69 POTENTIAL HOME IMPROVEMENTS for Jason Leonard and Julie Leonard 8204 Archibald Avenue Rancho cucamonga, CA 91730 The following is a list of renovation projects the applicant plans to complete. Future projects proposed by the applicant or by the legal inheritors of this contract will be reviewed by the Historic Preservation Commission's staff. ITEM TASK 1. Install north-facing screen door (in 1920's style) 2. Install garden box on north-facing fence line 3. Re-paint exterior 4. Install driveway EXHIBIT "C" -13- P70 STAFF REPORT 494 COSIr 1UNITY SERVICES DEPARTMENT RANCHO Date: October 15, 2014 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Nettie Nielsen, Community Services Director By: Francie Palmer, Community Services Superintendent Subject: CONSIDERATION OF A REQUEST TO WAIVE UP TO $561 IN FEES AND AUTHORIZE STAFF TO PREPARE A PARTNERSHIP AGREEMENT WITH THE RANCHO CUCAMONGA ROTARY CLUB FOR THE 2015 GRAPE STOMP SPRINT TRIATHLON RECOMMENDATION: It is recommended that the City Council authorize staff to prepare a partnership agreement with the Rancho Cucamonga Rotary Club for the 2015 Grape Stomp Sprint Triathlon, not to exceed $561. The partnership includes waiving of permit fees, and marketing support for the Triathlon event to be held Sunday, March 22, 2015. BACKGROUND/ANALYSIS: The City has received a written request from the Rotary Club to partner with the City of Rancho Cucamonga for the 2015 Grape Stomp Sprint Triathlon. The event is being held as a fundraiser for the Rotary Club with the event's proceeds benefiting many of the Rotary's Community Giving Programs. THE PARTNERSHIP WITH THE ROTARY CLUB WOULD INCLUDE THE FOLLOWING: Partnership Considerations — The City will provided the following services and waive the listed City fees based: • Waive $361 of City of Rancho Cucamonga required fees for road closure and temporary use permits • City will provide postage costs associated with the TUP requirements up to $200. • City will place an ad in the 2015 Winter and Spring issues of the Grapevine magazine (size to be determined, estimated at 1/4 page depending upon space available). • City will post and ad on the electronic billboard at Foothill and Archibald. Cost for artwork and formatting to be borne by Rotary Club. • City will post the Triathlon Event on RCPark.com and the City's event calendar. • P71 CONSIDERATION OF A REQUEST TO WAIVE UP TO$561 IN FEES AND AUTHORIZE PAGE 2 STAFF TO PREPARE A PARTNERSHIP AGREEMENT WITH THE RANCHO CUCAMONGA ROTARY CLUB FOR THE 2015 GRAPE S'POMP SPRINT TRIATHLON OCTOBER 15,2014 • City will include information about the Triathlon in the City's electronic newsletter and RCTV3. • City will provide the following Special Events equipment: One (1) megaphone, one (1) 10'x10' canopy, and one (1) 6' table. • City will distribute Rotary Club's "Save-the-Date" cards at City facilities and City Hall. The Rotary has been provided information as to the items and resources the Rotary Club is responsible to secure and fund for the 2015 Grape Stomp Spring Triathlon: • Rotary Club of Rancho Cucamonga will provide all finalized logistics to City of Rancho Cucamonga by December 18, 2014. • Rotary Club will pay San Bernardino County Sheriff Department fees (estimated at $3,806.43) • Rotary Club will secure three (3) street electronic message boards; city boards are unavailable. • Rotary Club will pay fees associated for any special requests of street sweeping, outside of regular sweep cycle days. • Rotary Club will provide required insurance and agree to meet with City Event Team to review all pertinent logistics. • Rotary Club will coordinate and incur costs associated with mailing notification letters to residents per Temporary Use Permit requirements. • Rotary Club will contract with a Traffic Control Coordinator to assist with Traffic Control Plan and road closures. Copy of agreement shall be provided to the City. • Rotary Club will provide on-site/roaming first aid services. FISCAL IMPACT: The fiscal impact to the City will not exceed $561 (savings in one area cannot be used in another as they are different funding sources). Respectfully submitted, Nettie Nielsen Community Services Director o etre at pcamon.., P72 - * Rotary Club of Rancho Cucamonga irtt*' Post Office Box 2353 • Rancho Cucamonga • CA • 91729 October 3,2014 Francie Palmer,CSD Marketing Manager City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga,CA 91730 Dear Ms. Palmer, . The purpose of this letter is to respectfully request a Partnership Agreement with the City of Rancho Cucamonga and the Rotary Club of Rancho Cucamonga for our Grape Stomp Sprint Triathlon to be held March 22, 2015. This event will be the 5`h Annual such 'partnership'with the City of Rancho Cucamonga and the Rotary Club of Rancho Cucamonga. Per the ongoing meetings and discussions with City Staff,the Rotary Club of Rancho Cucamonga understands a Staff Report will be generated for the October 15,2014 City Council meeting as a Consent Calendar Item with the following listing of resources City Staff would recommend be provided for the City Council's consideration: 1. Road Closure Permit $180 2. Temporary Use Permit $181 3. Ad in the 2015 Winter and Spring Grapevine $0 4. Advertisement on electronic billboard at Foothill&Archibald Avenues $0 5. Posting of Event on RCPark.com and City Calendar $0 6. Posting of Event in the electronic newsletter and on RCTV3 $0 7. Postage Costs associated with TUP requirements up to$200 $200 8. Use of megaphone,one(1)10'X10'Canopy and one(1)6'Table $0 9. Distribution of Rotary's'Save-the-Date'cards at City Centers and City Hall $0 The Rotary Club of Rancho Cucamonga appreciates this opportunity to collaborate with the City of Rancho Cucamonga for our 5th Annual Grape Stomp Sprint Triathlon. Sincerely, / , d , , n Melcher, President "%4M-1 Rotary Club of Rancho Cucamonga FY 2014-2015 P73 sr STAFF REPORT Lii- RANCHO Date: October 15, 2014 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Robert Karatsu, Library Director By: Lessa Pelayo-Lozada, Adult Services Librarian Subject: APPROVAL TO ACCEPT AND TO ALLOCATE $5,000 GRANT AWARDED BY THE CALIFORNIA STATE LIBRARY INTO LIBRARY REVENUE ACCOUNT 1291000-4740/0-3761 AND APPROPRIATE $1000 INTO EXPENDITURE ACCOUNT 1291602-5010/0-3761, $250 INTO EXPENDITURE ACCOUNT 1291602-5030/0-3761 AND $3750 INTO EXPENDITURE ACCOUNT 1291602- 5200/0-3761 FOR "POP UP AND PLAY!" PROJECT. RECOMMENDATION Staff recommends that the City Council accept and allocate $5,000 received from the California State Library into Library revenue account 1291000-4740/0-3761 and appropriate $5,000 for "Pop Up and Play!" project into Library expenditure accounts in the following manner: 1291602-5010/0-3761 Part-Time Salaries $ 1000 1291602-5030/0-3761 Fringe Benefits $ 250 1291602-5200/0-3761 Operations and Maintenance $ 3750 BACKGROUND/ANALYSIS In 2014, Rancho Cucamonga Library staff Lessa Pelayo-Lozada was accepted into the prestigious EUREKA Leadership Institute program sponsored by the California State Library. Each year thirty-two (32) librarians are selected within the State of California to receive training and apply for grant funds for a community project. To build on the City's "RC2Go!" Pop-Up mobile City Hall on wheels, the "Pop Up and Play!" project is designed to enhance Library services on "RC2Go!" This project will provide hands-on programming for children and families. P74 APPROVAL TO ACCEPT AND TO ALLOCATE $5,000 GRANT AWARDED BY THE CALIFORNIA STATE LIBRARY INTO LIBRARY REVENUE ACCOUNT 1291000-4740/0-3761 AND APPROPRIATE $1,000 INTO EXPENDITURE ACCOUNT 1291602-5010/0-3761, $250 INTO EXPENDITURE ACCOUNT1291602-5030/0- 3761 AND$3,750 INTO EXPENDITURE ACCOUNT 1291602-5200/0-3761 "POP-UP AND PLAY!" PROJECT. FISCAL IMPACT No net impact on the Library Fund or General Fund as the grant does not have any City matching requirements and fully funds the items listed above. Respectfully submitted, _ 1 _ d,/�/�""— Robert Karatsu Library Director RK/LPL/vg / \P75 STAFF REPORT j PUBIC WORKS SERVICES DEPARTMENT L b Date: October 15, 2014 To: Mayor and Members of the City Council RANCHO John R. Gillison, City Manager GUCAMONGA From: William Wittkopf, Public Works Services Director By: Dean Rodia, Parks and Landscape Maintenance Superintendent Julie Ungashick, Management Analyst II Subject: APPROVE CONTRACT AMENDMENT NO. 003 (CO#2012-009) WITH VALLEYCREST LANDSCAPE MAINTENANCE FOR THE REMOVAL OF DESIGNATED TURF IN LANDSCAPE MAINTENANCE DISTRICTS 1 AND 4-R AND REPLACING IT WITH DROUGHT TOLERANT PLANTS AND WATER SAVING MATERIAL (MULCH) AS PART OF THE SOCAL WATERSMART TURF REMOVAL REBATE PROGRAM SPONSORED BY THE SOUTHERN CALIFORNIA METROPOLITAN WATER DISTRICT; AND INCREASE CONTRACT CO#2013- 009 TO INCLUDE EXTRA WORK APPROVED IN THE FY 14/15 BUDGET FOR THE WATER CONSERVATION AND LANDSCAPE RENOVATION PROJECT IN LMD 4-R IN THE AMOUNT OF $248,075.77 (OFFSET BY ESTIMATED TURF REBATE OF $40,686) IN ACCOUNT 1134303-5650/1341787-0;AND AUTHORIZE THE APPROPRIATION OF$69,119.40(OFFSET BY ESTIMATED TURF REBATE OF $69,202) FROM LMD 1 FUND BALANCE INTO 1130303- 5300 RECOMMENDATION It is recommended that the City Council approve Contract Amendment No. 003 (CO#2012-009) with ValleyCrest Landscape Maintenance for the removal of designated turf in Landscape Maintenance Districts 1 and 4-R and replacing it with drought tolerant plants and water saving material (mulch) as part of the SoCal WaterSmart Turf Removal Rebate Program sponsored by the Southern California Metropolitan Water District; and increase contract CO#2013-009 to include extra work approved in the FY 14/15 budget for the water conservation and landscape renovation project in LMD 4-R in the amount of $248,075.77 (offset by estimated turf rebate of $40,686) in account 1134303-5650/1341787-0; and authorize the appropriation of $69,119.40 (offset by estimated turf rebate of$69,202) from LMD 1 fund balance into 1130303-5300. BACKGROUND/ANALYSIS This project was identified as a council goal (A23) during the FY 13/14 City Council Goal Setting Session. In response to Governor Edmund G. Brown Jr.'s emergency drought declaration, the Southern California Metropolitan Water District is providing a $2.00 rebate per square foot of turf removed and replaced with drought tolerant plants and water and air permeable materials. Due to the 120-day completion requirement, the Public Works Services Department chose a limited number of high water use areas in LMDs 1 and 4-R totaling approximately 54,944 square feet of turf that would meet the program requirements. The work will be performed as extra work by ValleyCrest, the landscape company already contracted in these areas. LMD 1 In LMD 1, ValleyCrest will remove approximately 34,601 square feet of turf, modify the irrigation, and re-plant a portion with groupings of low water use plants and mulch to extend or complement the existing plant palette. The$69,202 received from the rebate program in LMD 1 will completely fund the cost to make these changes. The water savings after these changes are made is estimated to be $2,400 annually in addition to lower maintenance costs. CITY COUNCIL STAFF REPORT P76 RE: APPROVE CONTRACT AMENDMENT NO. 003 (CO#2012-009) WITH VALLEYCREST LANDSCAPE MAIN IENANCE FOR LMD 1 TURF REMOVAL AND LMD 4-R TURF REMOVAL AND RENOVATION PROJECT IN CONJUNC I ION WITH THE SOCAL WA I ERSMART TURF REMOVAL REBATE PROGRAM OCTOBER 15,2014 PAGE 2 LMD 4-R The Base Line Road Median Project resulted from the community responses in LMD 4-R for low water use landscape changes. After the successful 218 ballot measure, funds were set aside to design and install this type of landscape throughout the community. Staff has been working with a landscape architect to develop a proposed master plan to transition the district from the existing high water use design to a new sustainable low water use landscape design and Base Line Road will serve as a model for this new design. Attached is the architect's Landscape Modification Plan for Base Line Road. The SoCal WaterSmart Turf Removal Rebate Program provided staff an opportunity to offset some of the cost of the Base Line Road Median Project. This project will take place between Haven and Milliken and will consist of the removal of the existing turf and plants as well as preserving and protecting the trees. The areas where turf is removed (approximately 20,300 square feet) will receive decomposed granite, irrigation modifications, accent plants and boulders located to produce a more sustainable and cost efficient landscape. The existing plant locations will receive Netafim irrigation upgrades, mulch, cobble additions and low water use plants. The $40,686 turf rebate will offset the turf removal portion of this project that averages about $3.25 a square foot, while the remaining cost of the project will come from the funds already allocated to this project, for a total project cost of$248,075.77. Once these areas have been completed, it is estimated that there will be a reduction in water use of approximately$9,300 annually and maintenance costs and traffic disruption will also be less. There might also be a possibility that an additional $1.00 rebate per square foot could be added to the funds received through the SoCal WaterSmart Program from the Inland Empire Utilities Agency (IEUA) as part of additional grant funds they are pursuing. If those funds become available, they will be applied to further the program in LMD 1 and restore funds used on the LMD 4-R Base Line Road Median Project. Respectfully submitted, William Wittkopf Public Works Services Director WW:DR/jau • Q P77 tli i I' Cb - ti. u W i ° s g ct o 0 :fv,1 F Zo! p r. � , W¢ z a'g _', a _ wm I CO a n (n Z z Sys` Q 1 Z 31 Eyg- LL W HE ii o S 'Is o � i Ej co• Id ays§1 O 7 di;s ti 0 CL O o a3$ 0 � o � . 0 0 © 0 5 0 4 o b I Q I H z 2 t. m . h::;; :.;ri 2 E Mfg' Q E-to sn W Z ow i Z s li m � W ZWo1 -o •' 6 L11 f. (7) Z 0 aIf m P. 0 asp...: m ~ © r O U w i1 • :f U fl 0 ► . •� 1 0 H �'� Z U) 0 I ' ' CO ❑ S © fa 0 X /W� a `� iC $ 0 .. = 0 s z e • m S 5 0 •� Q O B. a . a ) iZ Z • § - (n LJJ O E 2 �$ Y i 0 z Z I S p° j£ € _ I I g Q Z Q Z H 00 w $ o a � ; 1:1 I 5 V W Z Q rX o m ° ° iI li �o a E LL W U Z 0 s o 5 e a p Q' Q Z $ o v _° a = ea _ 0 O o 42C . E i ?7 �� 0 W CO 0 LLi s b ; a a� -�f S` i m Z g i as Ewa E 0 tI 0 0. J U) L.L. O E a IL - $1 �Ss v Q 0 Q b i a § �6 $' ga 2 n € 0 0 U z o'Z' 11001 V g E aE a g g° c 0 a I- U LL ffi ffi I § L 'iii °i Q _ Z S S S3 Si S Fww 2Q Q o � � s � a� ss s w=� w� � ,.� J � J U � 2 ®®® ® ® O O lei Al lb: 0 ?ill 1 I I J P78 STAFF REPORT , +1* PUBLIC WORKS SERVICES DEPARTMENT S Date: October 15, 2014 RANCHO To: Mayor and Members of the City Council CUCAMONGA President and Members of the Board of Directors John R. Gillison, City Manager From: William Wittkopf, Public Works Services Director Mike Costello, Fire Chief By: Ty Quaintance, Facilities Superintendent Inge Tunggaldjaja, Management Analyst I Subject: APPROVE •CONTRACT AMENDMENT NO. 003 (CO# FD 13-004) WITH VORTEX INDUSTRIES TO INCREASE THE SPENDING LIMIT FOR THE REPAIR OF ALL CITY AND FIRE DISTRICT FACILITIES' OVERHEAD DOORS AND GATES IN AN AMOUNT NOT TO EXCEED $90,000 ($40,000 CITY, $50,000 FIRE DISTRICT) ANNUALLY TO BE FUNDED FROM VARIOUS CITY AND FIRE DISTRICT ACCOUNTS AS APPROVED IN THE FY 14/15 BUDGET RECOMMENDATION It is recommended that the City Council and Board approve Contract Amendment No. 003 (CO#FD 13-004) with Vortex Industries to increase the spending limit for the repair of all City and Fire District facilities' overhead doors and gates in an amount not to exceed $90,000 ($40,000 City, $50,000 Fire District) annually to be funded from various City and Fire District accounts as approved in the FY 14/15 budget. BACKGROUND/ANALYSIS In January of 2013, staff went out to bid for the overhead roll-up door and gate maintenance services and repairs for all City and Fire District facilities. On January 28, 2013, Vortex Industries won the competitive bid and was awarded a maintenance contract to perform preventive maintenance and repairs of all City and Fire District overhead roll-up doors and gates. The Rancho Cucamonga Fire District is responsible for ensuring the proper maintenance/repair and operation of approximately 80 motorized/manual high bay overhead doors, roll-up doors and electronic security gates at all fire district locations. With the high demand of the Fire District, the doors and motorized operators are in constant action and experience excessive wear and tear on all equipment including the newer doors and equipment. As first responders, it is imperative the equipment be maintained to the highest standards to eliminate failures during emergency situations. Although proper maintenance is being conducted, there are still unforeseen repairs that are needed. The City is responsible for ensuring the proper maintenance/repair and operation of approximately 40 motorized/manual overhead doors, security gates and air walls at multiple locations such as the Cultural Center, Central Park, Police Department, several parks and the City Yard fleet building. With the addition of the new City Yard/HHW campus, there are four additional motorized security gates, three air wall curtains and an additional four high bay roll-up doors. The new City Yard/HHW campus initially had a year warranty on all equipment; however, this warranty period has expired and the City is now responsible for all maintenance costs associated with the new equipment. With the high demand and constant use of the Cultural Center ballrooms, Central Park ballrooms, P.D. sliding gates and the new City Yard/HHW campus, we are experiencing more unforeseen repairs than the previous two years. P79 APPROVE CONTRACT AMENDMENT NO.003(CO#FD 13-004)WITH VORTEX INDUSTRIES TO INCREASE THE SPENDING LIMIT TO NOT TO EXCEED$90,000 TO PROVIDE MAINTENANCE AND REPAIRS FOR FIRE DISTRICT AND CITY ROLL-UP DOORS,GATES,AND ELECTRONIC SECURITY GATES AS APPROVED IN THE FISCAL YEAR 14-15 BUDGET OCTOBER 15,2014 PAGE TWO Doors, gates and motorized equipment contain many movable parts to lift and lower a door successfully. A single door can weigh up to 2,000 pounds and when operating it multiple times a day, it will experience failures. By conducting routine preventative maintenance, it helps to prevent failures but does not eliminate them. During the past year, the Fire District replaced four motor operators which cost just under$14,000 and the City replaced the Police Department gate operator for $5,000 and repairs to the Hufcor air curtain in Celebration Hall were $2,000. These repairs are just a few examples of the services needed in fiscal year 13-14. Due to aging and increased City infrastructure and high use of the fire stations' main roll-up doors for incoming/outgoing fire trucks, staff is requesting the spending limit to be increased from $49,900 to not to exceed $90,000 to assist with the repairs and maintenance on an as needed basis. Vortex Industries has provided the City good service over this past year: therefore, staff recommends continuing the contract and increasing the spending limit with this contractor for fiscal year 2014-2015. Respectfully submitted, William Wittkopf Mike Costello Public Works Services Director Fire Chief P80 STAFF REPORT fresio ENGINEERING SERVICES DEPARTMENT LJ Date: October 15, 2014 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: Betty A. Miller, Associate Engineer Subject: SUMMARY VACATION (V-226) OF A PORTION OF CHARLES SMITH AVENUE, NORTH OF 6TH STREET, SUBMITTED BY CHASE BACK BAY, LLC (APN 229-271-33 AND 229-284-01) RELATED FILES: DRC2006-01012 AND DRC2013-00541 RECOMMENDATION It is recommended that the City Council adopt the attached resolution summarily ordering the vacation of 9,337 square feet of existing City right-of-way on the east side of Charles Smith Avenue north of 6th Street and authorizing the City Clerk to cause a certified copy of said resolution to be recorded. BACKGROUND/ANALYSIS Originally a 120-foot right-of-way was dedicated for Orange Avenue on the Map of Rochester that recorded February 23, 1889. The east half of Orange Avenue was vacated December 18, 1936. Orange Avenue subsequently became known as Rochester Avenue. On June 11, 1986, Parcel Map 9530 relocated Rochester Avenue to accommodate a future freeway ramp at 6th Street. On January 19, 2007, Parcel Map 16139 adjusted the alignment of Charles Smith Avenue (Old Rochester), to intersect Rochester perpendicularly and align with Charles Smith on the south side of 6th Street. On August 13, 2008, the Planning Commission approved DRC2006-01012 for the construction of an industrial warehouse building at the northeast corner of 6th Street and Charles Smith Avenue. On August 28, 2013, the Planning Commission approved DRC2013-00541, a time extension for said development. One of the conditions of approval for this development was the vacation of excess right-of-way on the east side of Charles Smith Avenue. The related public improvement plans are currently in plan check. On October 8, 2014, the Planning Commission determined that said vacation is in conformance with the General Plan and recommended the vacation occur. Respectfully submitted, ..e�L Director of Engineering Services/City Engineer MAS/BAM:Is Attachments: Vicinity Map Resolution P 8 1 if rr 11 49 #... , e 1 / - ; tp Zs 4 , tt LI' 47- 0 , E A 6ttl St *: .4- -, != 71 . .i.* •< Z k 4 Ska'i Mwrict St i --, m ..... c S to a . . tAssion-Vis.- DI- -te 1, § * 14 fitii(WA I- so NORTH 'II NTS CITY OF ITEM: V-226 RANCHO CUCAMONGA TITLE: Vacate Portion of Charles Smith Ave. ENGINEERING SERVICES DEPARTMENT EXHIBIT: Vicinity Map 1 P82 RESOLUTION NO. 14-187 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF 9,337 SQUARE FEET OF EXISTING CITY RIGHT-OF-WAY ON THE EAST SIDE OF CHARLES SMITH AVENUE NORTH OF 6TH STREET (V-226) —APN 229-271-33 AND 229-284-01 WHEREAS, by Chapter 4, Article 1, Section 8330, of the Streets and Highway Code, the City Council of the City of Rancho Cucamonga is authorized to summarily vacate excess right-of-way on the east side of Charles Smith Avenue north of 6th Street, hereinafter more particularly described; and WHEREAS, the City of Rancho Cucamonga Planning Commission on October 8, 2014, by minute action found and determined that the summary vacation of the subject excess right-of-way herein contemplated conforms with the City's General Plan; and WHEREAS, the City Council found all the evidence submitted that the subject excess right- of-way, located on the east side of Charles Smith Avenue north of 6th Street, is unnecessary for present or prospective public street purposes because it has been superseded by relocation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: That the City Council of the City of Rancho Cucamonga hereby makes its order vacating excess right-of-way as shown on Map V-226, on file in the office of the City Clerk of the City of Rancho Cucamonga, which has been further described in the legal description which is attached hereto, marked Exhibit "A" and shown on Exhibit "B," and by reference made a part thereof. SECTION 2: That the subject vacation shall be subject to the reservations and exceptions, if any, for existing utilities on record. SECTION 3: That from and after the date the resolution is recorded, said excess right-of-way no longer constitutes a street or public easement. SECTION 4: That the City Clerk shall cause a certified copy of this resolution to be recorded in the office of the County Recorder of San Bernardino County, California. SECTION 5: That the City Clerk shall certify to the passage and adoption of this resolution, and it shall thereupon take effect and be in force. Resolution No. 14-187 - Page 1 of 1 P83 EXHIBIT "A"- LEGAL DESCRIPTION PUBLIC ROAD VACATION THAT PORTION OF THE WEST 60.00 FEET OF ORANGE AVENUE AS SHOWN ON MAP OF ROCHESTER, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA PER MAP RECORDED IN BOOK 9 PAGE 20 OF MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF CHARLES SMITH AVENUE AND SIXTH STREET AS SHOWN ON PARCEL MAP 16139 RECORDED IN PARCEL MAP BOOK 218, PAGES 59 THROUGH 61 INCLUSIVE, RECORDS OF SAID COUNTY; THENCE NORTH 89°45'25" EAST ALONG THE CENTERLINE OF SIXTH STREET A DISTANCE OF 56.97 FEET; THENCE NORTH 00°10'53" EAST A DISTANCE OF 0.15 FEET; THENCE NORTH 89°5029" EAST CONTINUING ALONG SIXTH STREET A DISTANCE OF 30.00 FEET; THENCE NORTH 00°10'53" EAST A DISTANCE OF 60.00 FEET TO A POINT ON THE WEST LINE OF THE EAST 60.00 FEET OF SAID ORANGE STREET VACATED BY DOCUMENT RECORDED DECEMBER 18, 1936, IN BOOK 1177 PAGE 320, OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTH 89°50'29" WEST ALONG A LINE PARALLEL TO AND 60.00 FEET NORTHERLY MEASURED AT A RIGHT ANGLE TO THE CENTERLINE OF SIXTH STREET, A DISTANCE OF 29.55 FEET; THENCE NORTH 45°43'13" WEST A DISTANCE OF 33.55 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 467.00 FEET, TO WHICH POINT A RADIAL LINE BEARS NORTH 86°36'09" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09°24'09" AN ARC LENGTH OF 76.64 FEET, SAID CURVE BEING 33.00 FEET EASTERLY AND CONCENTRIC TO THE CENTERLINE OF CHARLES SMITH AVENUE AS SHOWN ON PARCEL MAP 16139 RECORDED IN PARCEL MAP BOOK 218, PAGES 59 THROUGH 61 INCLUSIVE, RECORDS OF SAID COUNTY, TO WHICH POINT A RADIAL LINE BEARS NORTH 77°12'00" WEST; THENCE NORTH 12°48'00" EAST ALONG A LINE PARALLEL TO AND 33.00 FEET EASTERLY MEASURED AT A RIGHT ANGLE TO THE CENTERLINE OF CHARLES Page 1 of 2 P84 SMITH AVENUE, A DISTANCE OF 89.21 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 533.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12°18'59" AN ARC LENGTH OF 114.57 FEET, SAID CURVE BEING 33.00 FEET EASTERLY AND CONCENTRIC TO THE CENTERLINE OF CHARLES SMITH AVENUE AS SHOWN ON SAID PARCEL MAP,TO WHICH POINT A RADIAL LINE BEARS SOUTH 89°30'59" EAST; THENCE SOUTH 89°49'07" EAST A DISTANCE OF 10.74 FEET TO THE POINT OF INTERSECTION OF THE WEST LINE OF THE EAST 60.00 FEET OF ORANGE AVENUE AND THE NORTH LINE OF THE SOUTH 30.00 FEET OF THE WEST 600.00 FEET OF LOT 94 OF MAP OF ROCHESTER; THENCE SOUTH 00°10'53"WEST ALONG SAID WEST LINE OF THE EAST60.00 FEET OF ORANGE AVENUE A DISTANCE OF 299.68 FEET TO THE POINT OF BEGINNING. CONTAINING 9,336.69 SQUARE FEET MORE OR LESS. SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. PREPARED BY: al A7r N W. M • R N, PLS 5306 A�E Page 2 of 2 p55 EXHIBIT "B " PUBLIC ROAD VACATION Rio pt LAHp '589:3-01,59 E (R L4 A g v\ o. T� °�1 h. 5.„era_ 1 141 �o ►►1 N.4 e l ∎rS op c.ti��i11 0 CC - N L W 0 M } O N W U I U w W w 0 CURVE DATA to0a0Q- Z C# 0 T R L N c o ^ 0 1 13'02'35" 57.16' 500.00' 113.82' 'ti h w o of wa - UO 2 09'24'09" 38.40' 467.00' 76.64' Y 0 3 12'19'08" 53.96' 500.00' 107.48' W I 1Qozoo 4 12'18'59" 57.51' 533.00' 114.57' s 0 c, mMma 4. o 0WQoZW Q. `O Z a ° LINE DATA m o °;•*: W N - a w ? m>.r z a LINE # BEARING DISTANCE _o L 1- o o 1 N89'50'29"E 30.00' O I 3 ww00w cc;U ( 2 589'50'29"W 29.55' r �N NO M 0 c 1- .- 00 of¢� ) z O a i 3 N45'43'13"W 33.55' ^�� row a = aoOoce a 4 S89'49'07"E 10.74' a 2 3 o i- oce > ooc� !.� z et o0 I W ________/ C SIXTH STREET N00'10'53"E 0.15" 33' N89'50'29"E N 30' N89'45'25"E o Kii; h DETAIL "A" II I NTS _ _ N86'360 =W R 2 _ POB <1. L2 y �W 13 SEE DETAIL M N M"A" HEREON °o° v I v 0.-c)° ` Z A' L1 ? f € SIXTH STREET i ,.../7 N89'45'25"E \ 56.97' N89'50'29"E POC / . SHEET 1 OF 1 P86 STAFF REPORT , ENGINEERING SERVICES DEPARTMENT friffr 14 ] Date: October 15, 2014 se RANCHO To: Mayor and Members of the City Council CUCAMONGA John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Willie Valbuena, Assistant Engineer Subject: ACCEPTANCE OF TRAFFIC SIGNAL IMPROVEMENTS, FILE A NOTICE OF COMPLETION FOR TRAFFIC SIGNAL IMPROVEMENTS AND APPROVAL OF MASTER PLAN TRANSPORTATION FACILITY REIMBURSEMENT AGREEMENT, SRA-62, IN CONJUNCTION WITH DEVELOPMENT OF TRACT 18856, LOCATED AT THE SOUTHEAST CORNER OF CHURCH STREET AND MAYTEN AVENUE, SUBMITTED BY HOMECOMING V AT TERRA VISTA, LLC AND APPROVAL TO APPROPRIATE $300,690.89 FROM TRANSPORTATION FUND BALANCE TO ACCOUNT NUMBER 11243035650/1026124-0 RECOMMENDATION The required Traffic Signal improvements for Tract 18856 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. Also, it is recommended that the City Council adopt the attached resolution approving the Reimbursement Agreement SRA-62 for the traffic signal at Church Street and Mayten Avenue, a master plan transportation facility installed in conjunction with development of Tract 18856, and authorizing the Mayor and the City Clerk to sign said agreement and to cause same to record. BACKGROUND/ANALYSIS As a Condition of Approval of Tentative Tract 18856, the Developer, Homecoming V at Terra Vista, LLC, was required to install a traffic signal at Church Street and Mayten Avenue, east of Milliken Avenue, a master plan transportation facility. Said traffic signal installation have been completed by the Developer and is currently in operation. The Developer submitted an itemized accounting of the construction costs of the required master plan transportation facility improvements. Staff reviewed and concurs with the submittal. The total cost of said improvements was $ 300,690.89 to be reimbursed from the City Transportation Reimbursement Account Number 11243035650/1026124-0. Copies of the agreement signed by the Developer are available in the City Clerk's office. Respe bmitted, Mark A. Steuer Director of Engineering Services/City Engineer MAS/WV:Is Attachments: Vicinity Map Resolutions P87 City of Rancho Cucamonga Engineering Division Vicinity Map H_NiI 0 BASE LINE ROAD BASE LINE ROAD 3 ill lit i N9 I i 49 g s Y AY 4SP 4 � �� / la 30 N C x m , i,dt c, _,,t<i-co �E g6 yigiti ¢ 1 !_IN A oe,:5 S qp9O' r m FOOTHILL BOULEVARD FOOTHILL BOULEVARD II II If N Wes©"- E I S Item: TRACT' /8856 Title: ti/C/N/T)' NAP P88 RESOLUTION NO. 14-188 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MASTER PLAN TRANSPORTATION FACILITY REIMBURSEMENT AGREEMENT FOR A TRAFFIC SIGNAL AT CHURCH STREET AND MAYTEN AVENUE ADJACENT TO TRACT 18856, SRA-62 • WHEREAS, the City Council of the City of Rancho Cucamonga has for its consideration a Reimbursement Agreement submitted by Homecoming V at Terra Vista, LLC, the developer, for a master planned transportation facility installed in conjunction with the development of Tract 18856, located at the southeast corner of Church Street and Mayten Avenue; and WHEREAS, the Developer, at Developer's expense, has completed the required improvements; and WHEREAS, the Developer has requested reimbursement for the master planned transportation facility improvements, as he is entitled to per Section 3.28.040 of the Municipal Code, be means of said Reimbursement Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that said Reimbursement Agreement be and the same is hereby approved and the Mayor is hereby authorized to sign said Reimbursement Agreement on behalf of the City of Rancho Cucamonga and the City Clerk to attest hereto and cause said agreement to record. Resolution 14-188 — Page 1 P89 RESOLUTION NO. 14-189 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE TRAFFIC SIGNAL IMPROVEMENTS AT CHURCH STREET AND MAYTEN AVENUE FOR TRACT 18856 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the installation of the traffic signal and related improvements at Church Street and Mayten Avenue for Tract 18856 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; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES that the work has been accepted and the City Engineer is authorize to sign and file a Notice of Completion with the County Recorder of San Bernardino County. RESOLUTION NO. 14-189— Page 1 of 1 October 15, 20141 City Council Agenda I Item M11. 'PULLED* I See pages P90 through P92 QS4MEMORANDUM ti ENGINEERING SERVICES DEPARTMENT LJ Date: October 13, 2014 RANCHO CUCAMONGA To: Mayor and Members of the City Council / JJoohYn R. Gillison, City Manager From• a k A. Steuer, Director of Engineering Services/City Engineer By: Jerry A. Dyer, Senior Civil Engineer " Subject: Pull Item M11 — Page 5— City Council Agenda — October 15, 2014 Engineering Services Department is requesting the following City Council Agenda item be removed from the agenda. Staff will bring the item back to City Council on November 19, 2014. M11. Accept the bids received and award and authorize the execution of the contract in the amount of $283,861.00, to the lowest responsive bidder, Gentry Brothers, Inc. and authorize the expenditure of a 10% contingency in the amount of $28,386.10, for the Day Creek Channel and Deer Creek Channel Bike Trail Improvements to be funded from Transportation Development Act and City-wide Infrastructure Improvement Funds, Account Nos. 1214303-5650/1827214-0, 1214303-5650/1886214-0, 1198303-5650/1827198-0 and 1198303-5650/1886198-0, and appropriate $85,000.00 to Account No. 1214303-5650/1827214-0; $86,476.00 to Account No. 1214303-5650/1886214-0; $85,000.00 to Account No. 1198303-5650/1827198-0; and, $72,000.00 to Account No. 1198303-5650/1886198-0 from Transportation Development Act Fund Balance and City-wide Infrastructure Improvement Fund Balance, respectively, for a total of $328,476.00 (Contract award of $283,861.00 plus 10% contingency in the amount of$28,386.10 and $16,228.90 for incidentals). • P90 STAFF REPORT ENGINEERING SERVICES DEPARIMEN'I' filte I RANCHO Date: October 15, 2014 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: Walt Stickney, Associate Engineer Shelley Hayes, Assistant Engineer Subject: ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $283,861.00, TO THE LOWEST RESPONSIVE BIDDER, GENTRY BROTHERS, INC. AND AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $28,386.10, FOR THE DAY CREEK CHANNEL AND DEER CREEK CHANNEL BIKE TRAIL IMPROVEMENTS TO BE FUNDED FROM TRANSPORTATION DEVELOPMENT ACT AND CITY-WIDE INFRASTRUCTURE IMPROVEMENT FUNDS, ACCOUNT NOS. 1214303- 5650/1827214-0, 1214303-5650/1886214-0, 1198303-5650/1827198-0 AND 1198303- 5650/1886198-0, AND APPROPRIATE $85,000.00 TO ACCOUNT NO. 1214303- 5650/1827214-0; $86,476.00 TO ACCOUNT NO. 1214303-5650/1886214-0; $85,000.00 TO ACCOUNT NO. 1198303-5650/1827198-0; AND, $72,000.00 TO ACCOUNT NO. 1198303-5650/1886198-0 FROM TRANSPORTATION DEVELOPMENT ACT FUND BALANCE AND CITY-WIDE INFRASTRUCTURE IMPROVEMENT FUND BALANCE, RESPECTIVELY, FOR A TOTAL OF $328,476.00 (CONTRACT AWARD OF $283,861.00 PLUS 10% CONTINGENCY IN THE AMOUNT OF $28,386.10 AND $16,228.90 FOR INCIDENTALS) 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 $283,861.00, to the lowest responsive bidder, Gentry Brothers, Inc. and authorize the expenditure of a 10% contingency in the amount of $28,386.10, for the Day Creek Channel and Deer Creek Channel Bike Trail Improvements to be funded from Transportation Development Act and City-wide Infrastructure Improvement Funds, Account Nos. 1214303-5650/1827214-0, 1214303-5650/1886214-0, 1198303-5650/1827198-0 and 1198303- 5650/1886198-0, and appropriate $85,000.00 to Account No. 1214303-5650/1827214-0; $86,476.00 to Account No. 1214303-5650/1886214-0; $85,000.00 to Account No. 1198303-5650/1827198-0; and, $72,000.00 to Account No. 1198303-5650/1886198-0 from Transportation Development Act Fund Balance and City-wide Infrastructure Improvement Fund Balance, respectively, for a total of $328,476.00 (Contract award of$283,861.00 plus 10% contingency in the amount of$28,386.10 and $16,228.90 for incidentals). BACKGROUND/ANALYSIS Per previous Council action, bids were solicited, received and opened on October 2, 2014, for the subject project. The Engineer's estimate for the base bid was $269,020.00. Staff has reviewed all bids received and found all but one to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. The bid from TSR Construction and Inspection failed to set forth, for an item of work, an item price and a total for the item in the bid proposal. Staff has completed P91 CITY COUNCIL STAFF REPORT Re: Day Creek and Deer Creek Channel Bike Trail Improvements-Award October 15, 2014 Page 2 the required background investigation and finds the lowest responsive bidder meets the requirements of the bid documents. The scope of work consists of the construction of pedestrian/bicycle trail improvements to and on the channel maintenance roads. It is estimated that approximately five jobs will be either generated or sustained in connection with this project. The contract documents call for fifty-five (55) working days to complete this construction. Respectfully submitted, Mark. A. Steuer Director of Engineering Services/City Engineer MAS/WS/SH:Is Attachments P92 j N, I HILLSIDE RD ILL•IDERI I o i• m , .■� LSO WILSON AV LSO .'V I a Angle a -•1. B•1 N ST \iI 0..I�_ ��- 210 F IP" ` 21�i 1�►_ 0 FR - • O n BASE LI i • �� r w�- � 1 ,Er I" ,it ElOTHI Mill S111r' ___ D Q E W RT la, m®� CO 'a , allin� 6TH ST ---- � kw OEM 0 Al PROJECT ; I -`_ - =-, -,-- --�i-• HIGHLAND AVE j � 1 _____E_____ z ! ___.* - S---INr-- -D- j w j w 1 ' I VICORR PARK LN 1 x W� WI ' I 1 SI // i_ I �/ £ I K I I CHWRCH ST .' f j w 1 L( \x\ ,1 \ 1y' CIFIC ELECTRICI�TRAIL \ ' BASE LINE RD i i Vicinity Map Day Creek Channel and Deer Creek Channel Bike Trail Improvements P93 a-4 STAFF REPORT C ENGINEERING SERVICES DEPARTMENT RANCHO Date: October 15, 2014 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: Walter C. Stickney, Associate Engingpr Subject: APPROVE AND AUTHORIZE AN INCREASE TO CONTRACT NO. 09-005 IN THE AMOUNT OF $49,060.00 TO CASC ENGINEERING AND AUTHORIZE THE CITY ENGINEER TO SIGN CONTRACT CHANGE ORDER NO. 7 FOR DESIGN, ENVIRONMENTAL MONITORING, AND CONSTRUCTION SUPPORT SERVICES FOR THE WILSON AVENUE IMPROVEMENTS BETWEEN EAST AVENUE AND WARDMAN-BULLOCK ROAD AND TO APPROPRIATE $49,060.00 TO ACCOUNT NO. 11243035650/1515124-0 FROM TRANSPORTATION FUND BALANCE RECOMMENDATION • Staff recommends that the City Council approve and authorize an increase to Contract No. 09-005 in the amount of$49,060 to CASC Engineering and authorize the City Engineer to sign Contract Change Order No. 7 for design, environmental monitoring, and construction support services for the Wilson Avenue improvements between East Avenue and Wardman-Bullock Road, and to appropriate $49,060 to Account No. 11243035650/1515124-0 from Transportation Fund Balance. BACKGROUND/ANALYSIS In 2009, the City of Rancho Cucamonga and AEI-CASC Engineering, Inc. entered into Professional Services Agreement 09-005 to provide street improvement plans for the Wilson Avenue Extension from East Avenue to Wardman-Bullock Road Project. AEI-CASC (now CASC Engineering) fulfilled its contract obligations and prepared street improvement plans per City requirements. With the commencement of construction comes certain environmental monitoring, contractor and construction coordination, and the modification to the proposed traffic signal improvements associated with the project. Federal and State requirements dictate certain monitoring of wildlife which must take place prior to construction, as well as during the course of construction. This monitoring requires a biologist trained in the recognition of endangered wildlife. The biologist will be required to monitor the area prior to construction, as well as monitor construction activity on a daily basis and report any evidence of endangered species within the area of construction. Also required is the coordination with the contractor and the construction activities by the design engineer. This to respond to enquiries by the contractor, as well as responding to unforeseen events that could arise during construction. Lastly, the City has decided to make modifications to the traffic signal at Wardman-Bullock Road and Wilson Avenue, to allow for the video detection of traffic at that intersection. • P94 CITY COUNCIL STAFF REPORT Re: Increase to Contract No. 09-005 — CASC Engineering October 15, 2014 • Page 2 City staff has reviewed the CASC Engineering proposal and consider it to be reasonable. Contract Change Order No. 7 is for environmental monitoring, construction support services, and the traffic signal modifications of Wilson Avenue from East Avenue to Wardman-Bullock Road. Respectfully submitted, rare/ %IN Mark. A. Steuer Director of Engineering Services/City Engineer MAS/WCS:Is Attachments: Vicinity Map P95 .�\NA DR 1 y? HILLS!DE RD I I I ILL IDE R. II wilier a®�,�,�ILSO AV WI -• L,NPV :EEG: BAY N ST ` 6 U w. �� r1 SELL.w ® 5y. ��E`� 1111 AIM g_®®m JERSEY BL �� �� � tfl�SM� Ydr�'1 ly YS" `''''�R k +: . +.� i' .°r l'et .. r 7 L;g ` .t vetAi. �s# #a t `"'caf `{ -f M.',PROJECTr r`, v` .'`,y F i� '� # kr". { rte;. -s; " atre „", ``t oot,. -6 -'A � M ''.%4:.. 4(W1 4 I1 d S c _; tk .FM _ i 3rT T',.r V { ''�&.+ tx ink v w n'.�, 5 } � x° l tJi to '� t a V :i'l- rWILSON'AV* a 'j'•• isc.` . ( � .Sv w'}_ s tCtir ,sly ✓ 't c .. i. W- ,� r 'i''' .i,.tI) _ z -a. #7 {y.� k Sj J t.,_11---.-‘" :'Meet W 1Ci '.cif r T ?,3ry sli `y TC T AY y ";,**-me'_ : < rQ t q ' I sc� " S k 4t„�c a t4 .t. af' 11hi �i �, \jyt".`'Ck. .xa t3i6 .'�+3i'_' .. d�M� � h�Yi1 1 " � u�,...F°'i. : .�+.._tl Vicinity Map Wilson Ave. extension from East Ave. to Wardman/Bullock Rd. P96 • STAFF REPORT !It ENGINEERING SVICES DEPARTMENT S ER RANCHO Date: October 15, 2014 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: Walter C. Stickney, Associate Enginei6'?S Subject: APPROVAL OF THE MULTI-USE COMMUNITY TRAIL COMMON USE AGREEMENT AMENDMENT NO. 3, FOR THE CITY'S USE OF A PORTION OF THE COUNTY'S DEER CREEK CHANNEL'S RIGHT-OF-WAY BETWEEN CHURCH STREET AND BASE LINE ROAD, AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT RECOMMENDATION Staff recommends the City Council approve the Common Use Agreement, Amendment No. 3, for the City's use of a portion of the County's Deer Creek Channel's right-of-way, and authorize the Mayor to sign all four copies of the Agreement. • BACKGROUND/ANALYSIS In 1993, the City of Rancho Cucamonga and the San Bernardino County Flood Control District (SBCFCD) executed a Memorandum of Understanding (MOU), Contract No. 93-20, in which the parties agreed to cooperate in the development of a multi-use trail system within portions of the SBCFCD right-of-way in the City. That MOU stipulated that "individual portions of the approved conceptual plan shall be accomplished under separate agreement". The MOU has since become a Common Use Agreement, approved by both agencies in 2010. The agreement originally set forth the Deer Creek and Day Creek channels between Base Line Road and Highland Avenue as common use areas, available for City use in its trail network. The agencies have since approved Amendment Nos. 1 and 2 to that agreement which added portions of the Cucamonga Creek Channel maintenance road to the City's trail network. The City now wishes to add a portion of Deer Creek Channel maintenance road to the City's trail network. This reach will extend from Base Line Road down to Church Street. This trail addition will provide for pedestrian and bicycles usage. Approval of this amendment will add the Deer Creek Channel bike path improvements under the umbrella of that Common Use Agreement. With the success of the City's trail network, including the Pacific Electric Trail, the County has proved to be an excellent partner with the City toward the expansion of Rancho Cucamonga's trail network. Res submitted, • Mark. A. Steuer Director of Engineering Services/City Engineer MAS/WCS:Is Attachments: Vicinity Map and Common Use Agreement Amendment No. 3 (4 copies) P97 r' I 1 HILL SI DE RD ILL-•IDERI � 1•, U e■� ILSO � I O WILSON AV LSO I•V LAI ra egle��� B Ira ii__IHICFRU�M_ 1210 _ � 21. J_ A- loll 4 CTORI _ BASE -A tom. ..r . U ipo � mimeos d : MB OT ws r '' ■ .t D Q W RT vagrant� �,�• B=��__ _ ,�" '.I HST Tw:ii 6TH ST t�1�, •1I or PROJECT __ _ - _ E LINE RD 1.11 I = i l -- CHURCH ST_ 7 I I \ -----\;-• L 7\\ \ \ \\ Vicinity Map Deer Creek Channel Multi-Use Trail Improvements Common Use Agreement, Contract No. 10-53 P98 STAFF REPORT 404 ENGiw.i;:amc SERVICES DNPARTNIEN'r RANCHO Date: October 15, 2014 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: Curt Billings, Associate Engineer Shelley Hayes, Assistant Engineer Subject: ACCEPT THE SIDEWALK IMPROVEMENTS AT BANYAN STREET (NORTH SIDE) FROM MERLOT COURT TO CANTABRIA AVENUE AND BERYL STREET (WEST SIDE) FROM BASE LINE ROAD TO 19TH STREET PROJECT, CONTRACT NO. 14- 156 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 $95,214.00 RECOMMENDATION It is recommended that the City Council accept the Sidewalk Improvements at Banyan Street (north side) from Merlot Court to Cantabria Avenue and Beryl Street (west side) from Base Line Road to 1981 Street project, Contract No. 14-091, as complete, authorize the City Engineer to file a Notice of Completion, release the Faithful Performance Bond, accept a Maintenance Bond, authorize the release of the Labor and Materials Bond in the amount of$86,369.00 six months after the recordation of said notice if no claims have been received and authorize the release of the retention in the amount of $4,760.70 35 days after acceptance. Also approve the final contract amount of $95,214.00. BACKGROUND/ANALYSIS The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The Sidewalk Improvements at Banyan Street (north side) from Merlot Court to Cantabria Avenue and Beryl Street (west side) from Base Line Road to 19th Street project scope of work consisted of construction of PCC sidewalk, access ramps, curb & gutter, drive approaches, chain link fence & gate, AC pavement and berm, PVC sleeves and incidentals as required. Pertinent information of the project is as follows: • Budgeted Amount: $100,000.00 ➢ Account Numbers: 1174303-5650/1862174-0 and 1174303-5650/1863174-0 • City Council Approval to Advertise: May 7, 2014 • Publish dates for local paper: May 13 and 20, 2014 P99 CITY COUNCIL STAFF REPORT Re: Sidewalk Improvements at Banyan Street- Beryl Street October 15, 2014 Page 2 - • Bid Opening: May 27, 2014 > Contract Award Date: June 18, 2014 > Low Bidder: TSR Construction and Inspection • Contract Amount: $86,369.00 • Contingency: $8,636.90 > Final Contract Amount: $95,214.00 • Difference in Contract Amount: $8,845.00 (10.24%) The net increase in the total cost of the project is a result of two (2) Contract Change Orders, including the Balancing Statement. The notable changes that were significant to the increase of the Contract amount were the extra work to remove the four (4) trees and stumps at the north property line/curb at 6730 Beryl Street. The balancing statement also accounted for other increases and decreases in the project quantities. Respectfully s..mitted, 1 ark A. Steuer Director of Engineering Services/City Engineer MAS/CB/SH:ls Attachment P1-00- VICINITY MAP SIDEWALK IMPROVEMENTS AT BANYAN STREET (NORTH SIDE) FROM MERLOT CT. TO CANTABRIA AVE. AND BERYL STREET (WEST SIDE) FROM BASE LINE RD. TO 19TH STREET Project Sites I- I g ! 64 , -12---4F Almond Rd - / m > _ \\\-. -„, ,_ yF Hillside Rd— 0 °0 � U ._W'� Av -§ I /._rr m V I„� m Wilson Av Banyan St o: V lir dry r �A �i 0 ® 210 Freeway 19th St Far Calif ■-Highland Av Base Line Rd �! i -ase Line Rd L ii Ma 1111Pr R Foothill RI 111 WI , .■�1`IRAM - Foothill BI Arrow Rt _—�„_� Arrow Rt 8th St Em r 10 Freeway > ■ Q 6th St - >> 2 a . I 4th St is kl > 1 > m a a a 18 o .- i .w-10 Fre ewlr E 5 41 = x 2 a = _ W P101 RESOLUTION NO. 14-190 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE SIDEWALK IMPROVEMENTS AT BANYAN STREET (NORTH SIDE) FROM MERLOT COURT TO CANTABRIA AVENUE AND BERYL STREET (WEST SIDE) FROM BASE LINE ROAD TO 19TH STREET PROJECT, CONTRACT NO. 14-156, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the Sidewalk Improvements at Banyan Street (North Side) from Merlot Court to Cantabria Avenue and Beryl Street (West Side) from Base Line Road to 19th Street project, Contract No. 14-156, has been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work 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. 14-190 — Page 1 of 1 P102 STAFF REPORT fie ENGINEERING SERVICES DEPARTMENT Lie RANC HO Date: October 15, 2014 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, RETAIN $390.00 OF THE FAITHFUL PERFORMANCE CASH DEPOSIT IN LIEU OF A MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR DRC2013-00427, LOCATED AT 5912 VINEYARD AVENUE, SUBMITTED BY PRUITT CONSTRUCTION INC. RECOMMENDATION The required improvements for Pruitt Construction Inc. 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 retain $390.00 of the Faithful Performance Cash Deposit in lieu of a Maintenance Bond. BACKGROUND/ANALYSIS As a condition of approval of completion of DRC2013-00427, located at 5912 Vineyard Avenue, the applicant was required to complete street improvements. The improvements have been completed and it is recommended that the City Council retain a portion of the Faithful Performance Cash Deposit in lieu of a Maintenance Bond. Respec submitted, Mark A. Steuer Director of Engineering Services/City Engineer MAS/CC:Is Attachment(s) PROJECT SITE 1 1 P103 ANzANITA ST , f IL> LLI > a I >- I- w Z V2 al-______ _ 5 SUNFLOWER-8T . g ---- - • ___- 1 i \ I _I-1 r 1 ; I i 1_,... 14117510E RD 5 1 WIL SON AVE ; 1• f1711 ...."' ... ■ '' LI:■....■''''' I 0 BANYAN 97 al,.AVE i < ' •- C3 I v 11INITAN 91 r (t 1 ,..'. .....- il.. 21. . 171 C:r T 5 i I . 0 i ii IOW •••■•ra it .1.mesa "' .. tZ r .1? . ■ . 9...£1.INF RD I\ii4, 1 . 0 Mit talL RD i g i W.'. .., t; 1 eg I , .., F00 i 1,41 ilVO •••••• i O3T1ILL --• 1 i 1....... 5=1 1 i 1 I I ai-j .-,........ B174 I! 9.,'•.--. \ 8T1 ST ■,. i i t ar : I A47001 All" CITY OF RANCHO CUCAMONGA -screw DRC2013-00427 1.-4.41 gAl fr6, ...Nolow 5912 Vineyard Avenue 104110° 010 VICINITY MAP N.T.S. ... - P104 RESOLUTION NO. 14-192 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2013-00427 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for DRC2013-00427 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. 14-192 - Page 1 of 1 : P105 STAFF REPORT y ADMINISTRATIVE SERVICES RANCHO Date: October 15, 2014 CUCAMONGA To: Mayor and Members of City Council John R. Gillison, City Manager From: Lori Sassoon, Deputy City Manager/Administrative Services'& Ruth Cain, CPPB, Acting Senior Buyer By: Debbie Grimes, Buyer I Subject: APPROVAL TO DECLARE CITY OWNED MISCELLANEOUS VEHICLES AND EQUIPMENT, OFFICE EQUIPMENT, AND COMPUTER EQUIPMENT AS SURPLUS. RECOMMENDATION It is recommended that City Council approve to declare City owned miscellaneous vehicles and equipment, office equipment and computer equipment as surplus (please see attached). BACKGROUND It has been the policy of the City to request that the City Council provide authorization to the Purchasing Manager to dispose of City property by declaring such items as surplus. Items become surplus when they have been deemed obsolete and unsuitable for City use. Methods of surplus include trade-in, sale by bid or auction, sold as scrap, donation, or simply disposing of the equipment through methods that reduce trash into the landfills and promote safe recycling practices. At this time, items to be considered for surplus are fleet vehicles, computer equipment, miscellaneous heavy equipment and other electronics. Upon City Council approval all viable items will be auctioned, with the remainder recycled, disposed of as e-waste, or sold as scrap. RANCHO CUCAMONGA P106 SURPLUS LIST DATE IS SURPLUS Total of 19 Pallets Staff Report October 15, 2014 MFG. DESCRIPTION MODEL # SERIAL NUMBER FA# SynOptics SynOptics LattisHub 2803 16 port hub expansior 2803 2026746 N/A SynOptics SynOptics LattisHub 2803 16 port hub expansior 2803 2026675. N/A SynOptics SynOptics LattisHub 2813 16 port hub main 2813 1677720 N/A IBM Thinkvision Monitor 1S9220HB1V108608 9220-HB1 V108608 N/A IOMEGA IOMEGA EXTERNAL DVDRW dvdrw16xu2 EHCG210VS6 1S922QHE N/A THOSHIBA Toshiba Laptop P300 88131309W 003506 LENOVO LENOVO MONITOR L201P 1S9220HQ1V108622 N/A FLATBED SCANNER 3970 CN47MB372Q N/A LENOVO LENOVO MONITOR L192P VLDM462 N/A LENOVO LENOVO MONITOR L192P VLDM421 N/A LENOVO LENOVO MONITOR L150P 1 S6636HB1 V1 D6535 N/A LENOVO LENOVO MONITOR L192P VLDM443 N/A LENOVO LENOVO MONITOR L150P 1S6636HB1V1D5842 N/A LENOVO LENOVO MONITOR L150P 1S6636HB1V1D5812 N/A LENOVO LENOVO MONITOR L151 V6-KR651 N/A LENOVO LENOVO MONITOR L150 23ANG91 N/A LENOVO LENOVO MONITOR L151 V6-GW969 N/A LENOVO LENOVO MONITOR L151 V6-EC897 N/A LENOVO LENOVO MONITOR L150P 1S6636HB1V1D6538 N/A LENOVO LENOVO MONITOR L150P 1S6636HB1V1D6563 N/A LENOVO LENOVO NOTEBOOK T-60 L3-1K2H5 003608 LENOVO LENOVO NOTEBOOK T-60 99-G0447 000677 LENOVO LENOVO NOTEBOOK T-60 L3-3G3C0 004029 LENOVO LENOVO NOTEBOOK T-60 L3-4P7K6 003883 LENOVO LENOVO NOTEBOOK T-60 L3-C3233 000970 LENOVO LENOVO NOTEBOOK T-60 L3-4PBD8 003901 LENOVO LENOVO MONITOR L192P VLDM200 N/A HEWLETT PACKARD HP PRINTER 1120C SG82Q1215M 000337 HEWLETT PACKARD HP PRINTER 1120C SG81 B1210Z , 001561 DELL DELL PRINTER 926 BJCKGB1 N/A LENOVO LENOVO MONITOR L150P 1S6636HB1V1D3391 N/A HEWLETT PACKARD HP Laserjet Printer 4350dn cndxb04640 00090 HEWLETT PACKARD HP Color laserjet 3800dtn CNJCH07342 003251 HEWLETT PACKARD HP Color LaserJet 3800dn CNNCH17374 . HEWLETT PACKARD HP OfficeJet Pro K8600 TH81J110J5 EPSON Epson Stylus Color S410 A6RK144491 002377 HEWLETT PACKARD HP Deskjet 1120C SG31N13OXK 003011 HEWLETT PACKARD HP Deskjet 1120C 3G87J130D3 001980 FARGO Fargo Persona C16 A4350128 000637 OKIDATA Okidata Microline 320 303D4089450 002946 HP HP Laserjet4000 USMB079011 001700 OKIDATA Okidata Microline Turbo 320 AE87109945G0 HEWLETT PACKARD HP Q5911A CNBL504707 LENOVO Lenovo L150p V1D5810 LENOVO Lenovo L170 55WRP25 LENOVO Lenovo L201p V108512 LENOVO Lenovo L192p VLDM293 LENOVO Lenovo L192p VLDM295 IBM IBM 7316TF2 100442H IBM IBM 9511AG1 55C5649 RANCHO CUCAMONGA P107 SURPLUS LIST DATE IBM IBM 1723HC1 23N7592 IBM IBM 17231UX 23A7973 VIEWSONIC Viewsonic 6 1822368738 VIEWSONIC Viewsonic 6 1822773457 VIEWSONIC NEC JC1734VMA 5605360KA NEC Lenovo L211 V105814 LENOVO IBM L151 V103355 IBM IBM L151 V1D3395 DELL Dell 1907FPT XNODC3237161865PBG9 ET1529L-8CWA-1-GY 725506334C 9511-AG4 55N2546 AVOCENT AvoCent Autoview 2000 0080076830 APEX Apex ETMA4201 AVOCENT Avocent Autoview, 8-Port DG0095908 AVOCENT Avocent Autoview, 8-Port DG0104519 CANON Canon PowerShot S410 8721508253 INTERMEC Intermec Barcode Scanner 1545A 94071100386 CCD CCD Barcode Reader FC-8100 07037358 LENOVO Lenovo Keyboard 41A5289 00682647 IBM IBM Keyboard 89P8300 3868681 LENOVO Lenovo Keyboard41A5289 00537395 IBM IBM Keyboard 32P5000 00301473 IBM IBM Keyboard 89P8300 3868654 IBM IBM Keyboard 89P8300 3751648 METROLOGIC Metrologic Barcode Scanner MS9450 3500180795 LENOVO Lenovo Mouse M028UOL 4468117 NETWORK Network Cable N/A MONITOR Monitor Cable N/A LITE Lite-On It Corp. DVD-ROM drive SHD-16.P1S 015707410689 LITE Lite-On It Corp. DVD-ROM drive SHD-16P1S 015707410585 LITE Lite-On It Corp. DVD-ROM drive SHD-16P1S 015707410580 LITE Lite-On It Corp. DVD-ROM drive SHD-16P1S 015707408427 LITE Lite-On It Corp. DVD-ROM drive SHD-16P1S 015707410655 LITE Lite-On It Corp. DVD-ROM drive SHD-16P1S 015707408466 LITE Lite-On It Corp. DVD-ROM drive SHD-16P1S 015707408445 SHARP Sharp Projector Remote RRMCGA623WJSA N/A VISIONEER Visioneer One Touch 9420 Scanner 547b002966d1 APC APC UPS SU700RMNET WS9848031029 001989 DELL Dell Latitude E6420 2MH1LV1 004464 IBM IBM 8741C3U L3AR232 004044 IBM IBM 8741C3U L3AX221 004049 IBM IBM 18714CU L3CFGC3 003318 IBM IBM Thinkpad T60 L34P8B0 003861 IBM IBM Thinkpad T43 L3C3255 000963 IBM IBM Thinkpad T60 L34P7L0 003863 IBM IBM Thinkpad T43 L3AA662 000998 IBM IBM Thinkpad T43 L3BX612 003417 IBM IBM Thinkpad T43 L3BX611 003416 IBM IBM Thinkpad T43 L34R7R9 003903 IBM IBM Thinkpad R51 99G0571 000668 IBM IBM Thinkpad R51 - 99G0397 000674 IBM IBM Thinkpad R51 99G0555 000672 IBM IBM Thinkpad R51 99G0463 000666 RANCHO CUCAMONGA P108 SURPLUS LIST DATE IBM IBM Thinkpad R51 99G0429 000673 IBM IBM Thinkpad R51 99G0542 000678 IBM IBM Thinkpad R51 99G0491 000675 IBM IBM Thinkpad R51 99G0372 000684 IBM IBM Thinkpad 646557U L3B9700 003530 IBM IBM eServer xSeries 346 KPNHY66 000926 IBM IBM eServer x Series 306 KPHC931 000854 DE De 109B9BF IBM IBM xpansion 109B9BF IBM IBM Serial Disk System 76EY089 _ IBM _IBM PowerEdge 2800 FFH5M81 IBM IBM POS 4840 0144121007112 IBM IBM POS 4840 0154545002848 003420 IBM IBM 818737U 9960540 000682 LENOVO Lenovo 9637-WCC L34P7Y9 003898 LENOVO Lenovo 9637-WCC L31K2F6 003601 LENOVO Lenovo 9637-WCC LKDDWT5 003983 LENOVO Lenovo 9637-WCC LKDDWV7 003610 DELL Dell Latitude D505 HWB2361 LENOVO Lenovo MT-M9637-WCC LKDVXHO 003544 LENOVO Lenovo 9482CT0 LKGAFDF 003496 LENOVO Lenovo 8143 LKGGA7N 003080 IBM IBM 8113Muh LK44536 005082 IBM IBM 8113Muh LKGP260 005117 IBM IBM 8113Muh LKMTB75 003571 LENOVO Lenovo 88115bu LKFVAW7 003958 IBM IBM 814328u LKGFZ6Y 003138 IBM IBM 814328u LKFMHOB 003159 IBM IBM 814328u LKGGA5L 003135 LENOVO Lenovo 8811V3L LKFVAX2 004039 IBM IBM 814328u LKDHT3Y 003095 LENOVO Lenovo 9637wcc LKDVXK5 003745 LENOVO Lenovo 9637wcc LKDVWM5 003831 IBM IBM 818737U KCBZ5DM 000624 LENOVO Lenovo 9637CT0 LKCKAZ3 004019 IBM IBM 818737U KCAR1D7 000595 IBM IBM 814328U LKDKL7A 003148 IBM IBM 814328U LKGDC4F 003121 IBM IBM 814328U LKGFZ4B 003103 IBM IBM 814328U LKGDC1G 003141 IBM IBM 814328U LKGDC6B 003072 IBM IBM 814328U LKDHT4D 003153 IBM IBM 814328U LKDKL8T 003127 IBM IBM 8143-39U LKZT5LX 000896 IBM IBM 8143-39U LKZT5LW 000895 LENOVO Lenovo 9637-WCC LKDVXC7 003687 LENOVO Lenovo 9637-WCB LKCKAY2 003612 LENOVO Lenovo 9637-WCB , LKCKAY4 004021 LENOVO Lenovo 9637-WCB LKCKAZ2 004026 LENOVO Lenovo 8811-V3L LKFVAX4 003962 LENOVO , Lenovo 8811-V3L LKFVAX7 003951 LENOVO Lenovo 9637-WCC LKDVXA7 003794 IBM IBM 8143-39U LKKAG1X RC003067 Sharp Projector XR3OX 802937101 RANCHO CUCAMONGA P109 •SURPLUS LIST DATE Epson Printer TM-U220BP F72G101144 Epson Printer TM-U220BP F72G154839 Epson Printer TM-U220BP F72G101143 Epson Printer TM-U220BP F72G101122 Epson Printer TM-U200B CPUK008907 Sharp Printer JX-9400 _36207967 . HP Printer C4224A USQN466451 HP Printer • C4224A USQN466452 Apple iMac RC003334 QP6230TBU2R Apple iMac RC003338 unreadable Apple iMac RC003335 QP6230TGU2R • IBM Monitor 9205-AB6 V6-61990 IBM Monitor 9205-AB6 V6-62038 IBM Monitor 9205-AB6 V6-62031 IBM Monitor 9205-AB6 V6-62158 IBM Monitor 9205-AB6 V6-62019 IBM Monitor 9205-AB6 V6-62041 IBM Monitor 9205-AB6 V6-62014 IBM Monitor 9205-AB6 V6-62009 IBM Monitor 9205-AB6 V6-61859 IBM Monitor 9205-AB6 V6-61866 IBM Monitor 9205-AB6 V6-62080 IBM Monitor 9205-AB6 V6-62160 IBM Monitor 9205-AB6 V6-61751 IBM Monitor 9205-AB6 V6-62155 IBM Monitor 9205-AB6 V6-62257 IBM Monitor 9205-AB6 V6-62174 IBM Monitor 9205-AB6 V6-61876 , IBM Monitor 9205-AB6 V6-61867 IBM Monitor 9205-AB6 V6-62159 IBM Monitor 9205-AB6 V6-61865 IBM Monitor 9205-AB6 V6-61868 IBM Monitor 9205-AB6 V6-62165 IBM Monitor 9511-AG4 55-P0860 IBM Monitor 9511-AG4 55-N3759 IBM Monitor 6734-ACO 55WTB90 ELO Monitor ELO Touchscreer 725506322C intermec Scanner E1870007 IBM Monitor 9417-AB1 V2Y5839 IBM IBM PC WORKSTATION KCKV3YN 000813 LENOVO LENOVO LCD MONITOR 9419-HC2 VLDM175 N/A (OMEGA (OMEGA EXTERNAL CD BURNER CDRW9602EXT2*4RCC2801 RK* N/A BIZCARDREADER Bizcardreader600C USB203 GK36006043 002947 PORTABLE PORTABLE COMPUTER LTE/286 6950HAF30616 01126 IBM IBM THINKPAD 18714CU L3-YPV49 003362 IBM IBM THINKPAD 2007GBU L3-4P7V6 003889 IOMEGA IOMEGA EXTERNAL CD BURNER . CDRW55292EXT 3TBE5029V 000865 TOSHIBA TOSHIBA FDD ATTACHMENT CASE W/FDD N/A N/A N/A DOCKING DOCKING STATION IBM 74P6733M1A8ES2 N/A MS MS WIRELESS KB/MOUSE MSKB7000 9079400587448 N/A TOSHIBA TOSHIBA TECRA TECRA 500 CDT,12699070-3 01618 IBM IBM THINKSTATION 2687-D4U L3-C3308 000969 LENOVO LENOVO LCD MONITOR 9419-HC2 VLDM296 N/A LENOVO LENOVO LCD MONITOR 9419-HC2 VLDM216 N/A RANCHO CUCAMONGA • SURPLUS LIST P110. DATE 3M 3M PROJECTOR 2000 AGT 316492 00627 IBM IBM LCD MONITOR 6636-HB1 1S6636HB1V1D5835 N/A IBM IBM LCD MONITOR 6636-HB1 1S6636HB1V1D6559 N/A IBM _IBM LCD MONITOR 6636-HB1 1S6636HB1V1D3213 N/A IBM IBM LCD MONITOR 6636-HB1 1S6636HB1V1D6572 N/A IBM IBM LCD MONITOR 6636-HB1 1S6636HB1V1D6565 N/A IBM IBM LCD MONITOR 6636-HB1 1S6636HB1V1D6569 N/A IBM IBM LCD MONITOR 6636-HB1 1S6636HB1V1D6529 N/A IBM IBM LCD MONITOR 6636-HB1 1S6636HB1V1D5832 N/A IBM IBM LCD MONITOR 6636-HB1 1S6636HB1V1D5820 N/A LENOVO LENOVO LCD MONITOR 9419-HC2 VLDM437 N/A LENOVO LENOVO LCD MONITOR 9419-HC2 VLDR019 N/A LENOVO LENOVO LCD MONITOR 9419-HC2 VLDM431 N/A IBM IBM LCD MONITOR 9205-AB6 V6-MA384 N/A HP HP COLOR LASERJET COPIER WITH ATTACHMEN LASERJET 9500 JPNJC00300 00092.7 (Qty 12) Blade Center Cooling Fans for H- IBM Series Blade Center Chassis - Loose on Pallet H-Series NA NONE IBM (Qty 18) Server Rack Rail Mounting Hardware X-Series NA NONE (Qty 24) 2.5" Form Factor Internal Hard Drive for H-Series Blade Center Chassis - Drive Degaussed and Wiped Clean of all Data - Loose IBM on Pallet H-Series NA NONE (Qty 56) 3.5" Form Factor Internal Hard Drive for X-Series Servers - Drive Degaussed and IBM Wiped Clean of all Data - Loose on Pallet X-Series NA NONE (Qty 42)X-Series Blade Servers which integrate into an H-Series Blade Server Chassis - Loose IBM on Pallet X-Series NA NONE (Qty 6) Cooling Fan Assemblies for H-Series IBM Blade Center Chassis- Loose on Pallet H-Series NA NONE Management Moduel for H-Series Blade Center IBM Chassis- Loose on Pallet H-Series NA NONE Array Networks Array Networks Load Balancers NA UNAVAILABLE 003511 Array Networks Array Networks Load Balancers NA UNAVAILABLE 003512 Google (Qty 2) Google Search Appliance NA NA NA Dell EqualLogic SAN PS300 B009230 . NONE Dell EqualLogic SAN PS300 B008121 NONE Dell EqualLogic SAN PS300 B007717 NONE Dell EqualLogic SAN PS300 B007974 NONE Dell EqualLogic SAN PS5000 SHU9455200028DC 003996 Dell EqualLogic SAN PS5000 SHU9455200028CD 003997 Dell EqualLogic SAN PS6000 SHU0935411YHAA13 004319 Dell EqualLogic SAN PS6000 SHU0935411YAA12 004318 IBM X-Series Server X3650 99AM790 003994 IBM X-Series Server X3650 KQAXNPZ 003995 IBM X-Series Server X3550 KQCDMNC NONE IBM X-Series Server X3650 KQFTAWY 003950 _ IBM H-Series Blade Center Chassis • 88524XU 99A4403 003997 IBM H-Series Blade Center Chassis 8852HC1 KQBZLHG NONE IBM H-Series Blade Center Chassis 8852HC1 KQBZLEF NONE CISCO Switch VS-5720-1OG SAL1222S5SR CISCO Switch VS-5720-1OG SAL1223STYX CISCO 48 port base T68 WS-XL148A SAL1203DG4S CISCO 48 port base T68 WS-XL148A SAL1218P5NZ RANCHO CUCAMONGA P111 SURPLUS LIST DATE CISCO 48 port base T68 WS-XL148A IBM05501S05 CISCO Catalyst 6500 6513 • P112 VEHICLES TAG # YEAR MAKE MODEL VIN # FUEL MILES 701 2006 CHEVY EXPRESS 1HTSCAAN2YH270976 GASOLINE 130,543 702 2006 CHEVY EXPRESS 1GCGG25U461203090 GASOLINE 144,166 1333 2000 FORD EXPLORER 1FMZU71X2YZB92055 GASOLINE 44,757 1516 1998 INTL 4900 1HTSHADR4WH541386 DSL 81,235 1517 2000 INTL 4700 1HTSCAAN2YH270976 DSL 74,577 1652 2000 INTL 4900 1 HTSDAAR71 H389838 DSL 74,253 2131 2003 FORD F-350 - 1FDWW36S03ED28685 GASOLINE 119,889 2233 2004 FORD EXPLORER 1FMZU72K94ZB12697 GASOLINE 86,315 10506 2002 INTL PATCH TRK 1HTMMAMO2H547158 DSL 53,228 PD 1999 GMC CARGO VAN 1GTDM19WXXB529599 GASOLINE 25,355 EQUIPMENT UNIT YEAR MFG DESCRIPTION VIN FUEL E506 2003 Exmark Mower, Lazer 465466 Unleaded E510 2005 Smithco Field Rake 43008 Unleaded E528 2005 John Deer Utility Cart WOE4X2EO11926 Electric E547 2005 Smithco Field Rake 43010 Unleaded 556 1999 Jacobson Mower, Lazer 6701704932 Unleaded 575P 2002 SDI Sprayer 31230 Unleaded E602 2002 Unknown Water pump Unknown DSL E606 2004 Advance Message Board Unknown Electric 659 1991 Wacker Roller 620081120 DSL 872 1995 EZ GO Golf Cart 878109 Electric 891 1998 Advance Lot Sweeper 13173G98 Electric 1597 2000 John Deer Cart WOE4X2001401 Electric 10505 2000 Bandit Chipper 4FMUS1112YR004803 DSL E6070 1999 Berema Pionjar 903173 Air 581 1994 Rayco Stump Grinder 1 R9100911 PW210268 Unleaded 581T 1994 Rayco Stump Trailer 1R90515PW210254 636T 1993 Hypertherm Pressure Wash 1P9FP16241W206141 DSL/Unl 1587T 2001 AZ-TEX Equip. Trailer 42BUE02091F000179 2631T 2009 Apache Trailer 5JRUE08129C201794 Advance Safety . 698 Products Message Sign MMS8ST-106 MISCELLANEOUS ELECTRONIC EQUIPMENT F/A# MFG DESCRIPTION SERIAL NUMBER 001563 JVC 2-Camera-Recorder/Player 168F3528 002766 NIKON 35MM Film Camera 001681 RCA Television 001752 Scotsman Ice Maker 112462-11B 001657 Manitowoc Ice Maker P113 STAFF REPORT SioNo COMMUNITY SERVICES DEPARTMENT Lej RANCHO Date: October 15, 2014 C;UCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Nettie Nielsen, Community Services Director By: JoAnn Gwynn, Community Services Manager Subject: APPROVAL OF A LEASE AND OPERATORS AGREEMENT WITH ALTA LOMA RIDING CLUB FOR THE HERITAGE PARK EQUESTRIAN CENTER RECOMMENDATION: Staff recommends that the City Council approve a lease and operators agreement between the City of Rancho Cucamonga and the Alta Loma Riding Club for the purpose of operating the Heritage Park Equestrian Center facility. BACKGROUND: The City Council on February 5, 2014 approved an option that would enable staff to begin implementation of budget-balancing measures in PD 85 and LMD 1 to bring expenses into alignment with revenues. As part of the budget-balancing plan, the level of maintenance and available resources at Heritage Park, including the Equestrian Center have been reduced. Recently the Alta Loma Riding Club(ALRC)approached the City to discuss establishing a partnership whereby the ALRC could assist in operating and maintaining the Equestrian Center. From these discussions the City and ALRC have negotiated a lease and operators agreement (attached) for the maintenance of the Equestrian Center. The City will continue to maintain the parking lot, parking lot lights and major infrastructure. The ALRC will assume responsibility for the maintenance of the arenas and exercise pens, the building and bathrooms, and surrounding grounds. ALRC volunteers will be trained by Public Works staff on all equipment and safety protocols. The ALRC will be responsible for managing the facility calendar and renting the Equestrian Center to users. Revenues collected by the ALRC for rentals can be used to offset the operating costs. The City appreciates the support of the ALRC, and our other dedicated volunteer user groups, who have stepped up to assist us. Respectfully submitted, R(A-k--Z Nettie Nielsen Community Services Director Attachment P114 HERITAGE PARK EQUESTRIAN CENTER LEASE OPERATORS AGREEMENT THIS HERITAGE PARK EQUESTRIAN CENTER LEASE (this "Lease") is dated as of , 2014 (the "Effective Date") and is entered into by and between the CITY OF RANCHO CUCAMONGA, a California municipal corporation ("Landlord" or "City"), and the ALTA LOMA RIDING CLUB, a California 501 c4 nonprofit public benefit corporation("Tenant"). RECITALS: A. Landlord is the owner of the real property commonly known as 5546 Beryl Street, in the City of Rancho Cucamonga,County of San Bernardino,State of California,more particularly described on Exhibit A attached hereto and depicted on Exhibit B attached hereto (the "Land"), together with the improvements located thereon commonly known as Heritage Park(the"Property"). B. City constructed the Arena, adjacent building and parking lot (collectively, the "Premises")for the purpose of providing park and open space for equine use,for the benefit of present and future residents of the City of Rancho Cucamonga. C. Tenant shares the City's goal of preserving the Property for the present and future citizens of Rancho Cucamonga. AGREEMENT: NOW, THEREFORE, in consideration of the mutual covenants contained herein, Landlord and Tenant agree as follows: 1. AGREEMENT OF LEASE; USE OF PREMISES. 1.1 Upon the"Commencement Date"(as defined below),any former Agreement between Landlord and Tenant is terminated and Landlord leases the Premises to Tenant and Tenant rents the Premises from Landlord on the terms in this Lease. 1.2 Tenant shall comply with all applicable laws in connection with its use of the Premises. 1.3 Tenant may use the Premises for purposes incidental to equestrian use such as fund raising, charity and special events (e.g., competitions, shows and other private functions or commercial enterprises); however, Tenant must first provide facility event schedule to Landlord quarterly and such events shall be included. Tenant may propose an unscheduled event, on condition that Tenant provide Landlord fourteen (14)days advance, written notice of such function or enterprise,describing the event in terms of size, purpose, and general conditions. If Landlord has any objection or concern, it shall so notify Tenant at least seven (7) days before the event. Tenant shall then modify the event or enterprise to fully alleviate the Landlord's objections and concerns or the event will not occur. 1.4. Tenant will continue partnerships with current Equine non-profit user groups as well as continue one monthly meeting per group and current traditional, established special events like the "Evening of the Horse"at no fee; however, service fees or ground fees may be charged. 1.5. Tenant will schedule and determine user fees of all reservations. It is the Tenant's responsibility to coordinate with all Heritage Park user groups utilizing the shared parking lot. 1.6. Tenant will continue to keep equestrian arenas open and available for resident drop in use. 1.7. Tenant will be responsible for posting signage indicating current contact information regarding the operation, maintenance and events held in the equestrian area with approval from Landlord. -1- P115 1.8. Tenant will have no naming rights. If an offer is put forward by an Alta Loma Riding Club partner,it can be brought to the City for discussion. 1.9. The Premises will be included as a rentable space on the Facility Rentals page of the Grapevine publication,as well as,community events hosted by the Tenant. Grapevine submittal deadlines must be met. 1.10. Tenant may establish a marketing program that can assist in advertising and outreach to equestrian publications and user groups about the facility and the rental potential. • 1.11. Tenant will be responsible for the daily monitoring of the Premises and responding to issues. 1.12. Tenant will be responsible for establishing and enforcing operational rules for the Premises. 1.13. Tenant is well aware of the condition of the Premises and accepts them in their present condition, without representation or warranty, express or implied. 2. TERM AND COMMENCEMENT DATE. 2.1 The term of this Lease shall commence on , 2014 (the "Commencement Date"), and shall expire on ,2015; provided,however,that said initial one year term shall be extended in one(1)year increments(each an"Extended Term") unless either Landlord or Tenant has given notice to the other, not less than sixty(60)days prior to the expiration of the then-current term (i.e., the initial one year term or any subsequent Extension Term) that such party has decided to terminate the Lease upon the expiration of the then-current term, in which case this Lease shall terminate upon the expiration of the then-current term. Notwithstanding the foregoing, in no event shall the term of this Lease, as so extended, exceed ten(10)years. 3. RENT. 3.1 The base rent for the Premises shall be One Dollar ($1.00) per annum (the "Base Rent")and shall be paid without notice or offset, in advance of the Commencement Date and,if applicable, each Extended Term. In addition to the payment of the Base Rent,Tenant shall pay such additional cost as may be specified in this Lease. 4. SERVICES AND UTILITIES. 4.1 Landlord will continue to pay the domestic water, electricity and natural gas bills through the first year of the Lease. Landlord will monitor utility uses throughout the year based upon events and daily use and compare use to the past three (3) years. Landlord reserves the right to establish a utilities surcharge for all outside rentals secured by the Tenant. The Tenant will be responsible to charge and collect established utility surcharge on the Landlords behalf for rentals. Landlord will continue to pay for the existing phone line for purposes of keeping the alarm system on. Tenant is responsible for any additional phone lines installed. 4.2 Landlord shall be responsible for failures in these systems as a result of ordinary wear and tear and which are not due to damage by Tenant or its guests,contractors or agents,or failure by Tenant to properly maintain the Premises. 4.3 Unless caused by the gross negligence or intentional misconduct of Landlord, Landlord shall not be liable or responsible for any loss,damage or expense sustained or incurred by Tenant -2- P116 as a result of any change, failure, interference, disruption or defect in the supply or character of any utility or service furnished to the Premises. 5. TENANT'S RESPONSIBILITIES FOR MAINTENANCE AND OPERATIONS. 5.1 Tenant shall be responsible, except where noted in this Lease, for all operations and maintenance of the Premises' including but not limited to: 5.1.1. Tenant shall require all volunteers to register through the Landlords Volunteer program. All volunteers must be approved by Landlord. 5.1.2. Securing maintenance volunteers that must be trained by City staff in order to operate City equipment. 5.1.3. Designating a volunteer maintenance lead person that will be trained by the City. Tenant must maintain at least one trained volunteer maintenance lead person during the entire term of Lease. The Tenant's designated volunteer maintenance lead person must be on site to supervise all maintenance work and meet weekly with Landlord's Public Works staff. 5.1.4. Arena and Round Pens harrowing/dragging on as needed basis for equestrian events. 5.1.5. Mowing and trimming of grass and trees adjacent to the Equestrian building. Tenant may physically change these areas deemed necessary for cost savings or other operational reasons with prior City approval at Tenant's sole cost. 5.1.6. General building maintenance,including graffiti removal,and janitorial services including restrooms. City acknowledges that Tenant may limit hours and days restrooms will be available. 5.1.7. Provide manure waste stations and signage encouraging trailer users to pick up and dispose of waste as required by environmental policies and City ordinances. 5.1.8. Provide for weekly manure cleanup in parking and equestrian center areas. 5.1.9. Chalking of parking lot for equestrian events. 5.1.10. Monitoring of parking lot during equestrian special events. 5.1.11. The Premises shall be maintained at the level received at the time of the commencement of the term of this Lease. 5.1.12. Emptying trash receptacles adjacent to the facility weekly. 5.1.13. Maintaining the PA system. 5.1.14. Tenant must obtain necessary permits and/or approvals as needed. 5.1.15. Tenant will be responsible for up to $1,800 of costs every 2 years for the replacement of arena lights. 5.1.16. A non-monitored video surveillance system may be installed;however,tenant is responsible for all required signage for the video surveillance and all cost and expenses incurred. 5.1.17. Tenant shall use best practices for all operations and will consult with the Public Works Department as needed. • -3- P117 6. LANDLORD'S MAINTENANCE RESPONSIBITIES. 6.1 Landlord shall be responsible for the maintenance of the parking lot, including perimeter trees, at a level of maintenance to be determined by Landlord and for the following: 6.1.1. Back bone infrastructure for all items within the Premises, excluding items within the adjacent building, but including water for the arena, landscape irrigation and domestic, sewer,drainage and phone with security line. 6.1.2. City retains responsibility for Arena Light Standards. City will determine the appropriate level of maintenance and does not guarantee any maintenance or repair of light standards. City also reserves the right to establish a fee schedule for any light usage and to implement improvements to the pay for use machines for the lighting. 6.1.3. Continue weekly contracted trash disposal of trash dumpsters in the parking lot. 7. ALTERATIONS AND PERSONAL PROPERTY. 7.1 Tenant shall not make any additions, improvements or alterations to the premises without the prior written consent of Landlord. Any such additions, improvements or alterations to the Premises shall be made at the sole cost and expense of Tenant and in accordance with all applicable laws, ordinances and regulations, including laws related to accessibility for persons with disabilities. 7.2 Any mechanic's lien or related instrument filed against the Premises for work done or materials or equipment furnished to or contracted for by Tenant shall be discharged or bonded by Tenant, at Tenant's sole cost and expense, within fifteen(15)days after the date it is filed. Landlord shall have the right to post notices of non-responsibility on the Building. 7.3 All articles of personal property and all business and trade fixtures,private telephone systems and lines, furniture and movable partitions owned,leased or installed in the Premises by Tenant at its sole cost and expense,shall be and remain the property of Tenant and may be removed from the Premises by Tenant at any time, provided Tenant repairs any damage caused by that removal. Upon the expiration or early termination of this Lease, Tenant shall remove all of its personal property from the Premises and shall repair any damage caused by the removal. 8. DAMAGE TO TENANT'S PROPERTY. 8.1 Neither Landlord nor its officers, agents or employees shall be liable to Tenant for any loss of, or damage to, the personal property of Tenant located at the Premises resulting from fire, explosion,steam, gas, electricity, water or moisture in or from any part of the Premises, including its roof, walls, ceilings and floors, or from the pipes, appliances or mechanical and electrical systems in the Premises,or from any other place or from any other cause, whether or not similar to the foregoing. 8.2 Tenant shall provide prompt verbal notice to Landlord, to be followed by written notice, in the event of any material damage to the Premises or the personal property of Tenant located at the Premises resulting from any fire,accident,casualty or condition in,on or about the Premises. 9. COMPLIANCE WITH LAWS AND INSURANCE POLICIES. 9.1 In connection with its occupancy and use of the Premises,Tenant shall,at its sole cost and expense, promptly comply with all applicable present and future federal, state and local laws, ordinances and regulations and with all orders and rules of governmental authorities having jurisdiction, and cooperate with any law, ordinance or regulation that requires alterations by Landlord or Tenant to the Premises. -4- • P118 9.2 Tenant shall refrain from restricting the use of the Premises on the basis of sex, age, handicap,marital status,race,color,religion,creed,ancestry or national origin of any person. All contracts entered into by Tenant in connection therewith shall contain or be subject to substantially the following nondiscrimination or non-segregation clauses: "There shall be no discrimination against or segregation of any person or group of persons on account of sex, marital status, race, age, handicap, color, religion, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee himself or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy, of tenants, lessees, subtenants, sub-lessees or vendees of the land." Tenant shall not do, omit to do or permit to be done any act or thing in, on or about the Premises that will invalidate, or be in conflict with, any requirement, covenant or condition of any casualty insurance policy covering the Premises or the personal property therein, or that will subject Landlord to any uninsured liability to any person for personal injury,death or property damage. 10. INDEMNITY. 10.1 Each party hereto(hereafter,"indemnifying Party")shall indemnify,defend and hold harmless the other party, its officers, agents, employees and volunteers against any loss, cost, damage, expense, claim, suit, demand, or liability of any kind or character, including but not limited to reasonable attorney fees, arising from or relating to any negligent or wrongful act or omission of the Indemnifying Party, its officers, agents or employees, which occurs in the performance of, or otherwise in connection with, this agreement, but only in proportion to and to the extent such loss, cost, damage, expense, claim, suit,demand,or liability of any kind or character,including reasonable attorney fees, is caused by or results from the negligent or wrongful act or omission of the Indemnifying Party,its officers,agents,or employees. 10.2 Nonwaiver of Rights. Indemnities do not, and shall not, waive any rights that they may possess against Tenant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate'required pursuant to this Lease. 10.3 Waiver of Right of Subrogation. Except as otherwise expressly provided in this Lease, Tenant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnities, 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 Tenant. 10.4 Survival. The provisions of this Section 10 shall survive the termination of the Lease and are in addition to any other rights or remedies which Indemnities may have under the law. Payment is not required as a condition precedent to an Indemnities' right to recover under this indemnity provision, and an entry of judgment against Tenant shall be conclusive in favor of the Indemnities' right to recover under this indemnity provision. 11. INSURANCE 11.1 Liability Insurance for Special Events. Tenant shall procure and maintain in full force and effect for each Special Event and any on-going programs or uses held during the duration of this lease, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Tenant, and/or its agents, representatives, -5- P119 employees or subcontractors. In addition, program participants must sign a City approved Release, Hold Harmless and Agreement Not to Sue waiver. 11.2 Minimum Scope of Insurance. Unless otherwise approved by City coverage shall be at least as broad as: 11.2.1 Insurance Services Office Commercial General Liability Coverage (occurrence form CG 0001). 11.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87) Covering Automobile Liability, code 1 (any auto) if applicable. 11.2.3 Worker's Compensation insurance as required by the State of California, and Employer's Liability Insurance. OR a letter signed under penalty of perjury,stating that the Tenant has no employees. 11.3 Minimum Limits of Insurance as it relates to section 11.1 Liability Insurance. 11.3.1 Commercial General Liability: $1,000,000 minimum per occurrence for bodily injury, personal injury and property damage. Prior to Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Lease or the general limit is twice the required occurrence limit amount. The City reserves the right of changing the coverage limits dependent on the scope of activity. 11.3.2 Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 11.3.3 Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. 11.3.4 The Insurance obligations under this lease shall be the greater of(i)the Insurance coverage's and limits carried by the Tenant; or(ii)The minimum Insurance coverage's and limits shown in this Lease. 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 Lease are sufficient to cover the obligations of the Tenant under this lease. 11.4 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City and shall not reduce the limits of coverage. City reserves the right to obtain a full certified copy of any required insurance policy and endorsements. 11.5 Other Insurance Provisions. 11.5.1 The commercial general liability and automobile liability policies are to contain the following provisions on a separate additionally insured endorsement naming the City, its officers,officials,employees,designated volunteers and agents serving as independent contractors in the role of City officials, as additional insured's as respects: liability arising out of activities performed by or on behalf of Tenant; products and completed operations of Tenant; premises owned, occupied or used by Tenant; and/or automobiles owned, leased, hired or borrowed by Tenant. 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 officials which are not also limitations applicable to the named insured. 11.5.2 For any claims related to this Lease, Tenant's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and -6- P120 agents serving as independent contractors in the role of City officials. Any insurance or self- insurance maintained by City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials shall be in excess of Tenant's insurance and shall not contribute with it. 11.5.3 Tenant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. 11.5.4 Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled except after 30 days prior written notice by first class mail has been given to City(ten(10)days prior written notice for non-payment of premium).Tenant 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. 11.5.5 Each insurance policy required by this clause shall expressly waive the insurer's right of subrogation against City, its elected officials, officers, employees, servants, attorneys, designated volunteers,and agents serving as independent contractors in the role of City officials. 11.5.6 Each policy shall be issued by an insurance company approved in writing by City,which is admitted and licensed to do business in the State of California and which is rated A: VII or better according to the most recent A.M. Best Co. Rating Guide. The City will consider non-admitted carriers on a case by case basis at the request of the Tenant. 11.5.7 Each policy shall 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. 11.5.8 Each policy shall 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. 11.5.9 Tenant shall provide any and all other insurance,endorsements,or exclusions as required by the City in any request for proposals applicable to this Lease. 11.6 Evidence of coverage. Prior to commencing operations under this Lease,the Tenant shall furnish the City with certificates and original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required for activities under section 11.1 Liability Insurance for Special Events including(1)Additional Insured Endorsement(s),(2)Worker's Compensation waiver of subrogation endorsement, and (3) General liability declarations or endorsement page listing all policy endorsements. 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 Tenant commences performance. If performance of this Lease shall extend beyond one year,Tenant 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. 11.7 Tenant agrees to include in all contracts with all subcontractors performing work pursuant to this Lease, the same requirements and provisions of this Lease including the indemnity and insurance requirements to the extent they apply to the scope of any such subcontractor's work. Tenant shall require its subcontractors to be bound to Tenant and City in the same manner and to the same extent as Tenant is bound to City pursuant to this Lease, and to require each of its subcontractors to include these same provisions in its contract with any sub-subcontractor. -7- P121 12. ADDITIONAL COVENANTS OF TENANT. 12.1 Tenant shall maintain a reasonable method of accounting, open to inspection.by Landlord, which shall,to the reasonable satisfaction of Landlord, correctly and accurately reflect the gross receipts and disbursements of Tenant in connection with the Premises. Tenant will be required to provide Landlord with a complete report of activities and rentals. Tenant and Landlord will meet two(2)times per year to review activities calendar and financial reports, preferably at the beginning and middle of each calendar year. 12.2 Tenant shall permit an annual physical inspection of the Premises by Landlord that shall, to the reasonable satisfaction of Landlord, allow for Landlord inspection team to correctly and accurately report on the condition of the Premises. Landlord inspection team may consist of representatives of the Planning Department, Public Works Services and/or Building and Safety Department. Following inspection, Landlord will document the condition of the Premises, provide notice to Tenant of any issues requiring repair and/or maintenance, and establish a time period for Tenant to complete any repair and/or maintenance. Failure to complete repair and/or maintenance in a timely manner will be deemed to be failure to maintain, for which the Landlord may terminate this Lease. Landlord shall conduct the annual physical inspection within thirty(30)days of the initiation of the initial term and any subsequent Extended Term as identified in Section 2. 12.3 Tenant shall provide Landlord with a copy of any annual budget adopted by its Board of Directors. 12.4 Tenant shall provide Landlord with a copy of any annual schedule of anticipated regular events (e.g. cultural, historical,fund raising, etc.)to be held on the Premises approved by Tenant's Board of Directors. 12.5 Tenant shall provide Landlord with a copy of any written description of annual activities and accomplishments of the Tenant during the preceding year as approved by Tenant's Board of Directors. The annual report may include the following: (a) a description of events held at the Premises, (b) a description of fund raising opportunities, (c) information on member contributions to the Premises, and(d) information on corporate sponsorships,outreach goals,and membership drives. 12.6 Landlord and its employees, agents and representatives shall have the right to enter upon the Premises after reasonable notice to Tenant. 12.7 Tenant shall not assign, transfer, hypothecate or encumber this Lease, or sublet the Premises,or suffer or permit the Premises to be occupied or used by any other person or entity without the prior written consent of Landlord, which consent may be withheld or granted in Landlord's sole and absolute discretion. 13. DEFAULT AND REMEDIES. 13.1 The occurrence of any one of the following shall constitute a default by Tenant under this Lease: 13.1.1 Tenant shall fail to pay Rent within five(5)business days after Tenant receives notice thereof from Landlord (provided, however, that the notice requirement contained in this Section 13.1.1 is not in addition to any legal requirement that notice be given and may be satisfied by sending the notice required by any applicable law or statute including California Code of Civil Procedure Section 1161); or 13.1.2 Tenant shall fail to perform or comply with any of the other covenants or conditions of this Lease, and such failure is not cured within thirty(30)days after Tenant receives notice thereof from Landlord; provided, however, that if the failure to perform or comply cannot -8- P122 reasonably be cured within thirty(30)days,Tenant shall not be in default if Tenant commences to cure the failure to perform or comply within the thirty (30) day period and diligently and in good faith continues to cure the same thereafter. 13.2 If Tenant commits an Event of Default,Landlord shall in addition to any and all other rights and remedies which Landlord may have under this Lease or by law or in equity,the remedies under California Civil Code Section 1951.2(i.e.,terminate this Lease and sue for damages)or the remedy under California Civil Code Section 1951.4(i.e., keep this Lease in effect and sue for rent as it comes due). Any financial recovery by the City will be against the Alta Loma Riding Club, a public benefit, non-profit, California Corporation and shall not extend to any of its Officers, Directors or Members-individually. 13.3 Except as expressly provided herein,the various rights,options,elections,powers and remedies of Landlord contained in this Section 13 shall not be deemed to be exclusive;they are cumulative and in addition to any other remedies, rights or priorities contained elsewhere in this Lease or now or later allowed by law or in equity. 14. NO WAIVER 14.1 The failure of Landlord or Tenant to seek redress for violation of,or to insist upon the strict performance of,any covenant or condition of this Lease shall not be deemed a waiver by Landlord or Tenant of its right to such redress for a prior, concurrent or subsequent violation of the same or to subsequently insist upon strict performance of any other covenant or condition of this Lease. The receipt and acceptance by Landlord of rent with knowledge of any preceding breach by Tenant of any covenant, term or condition of this Lease shall not be deemed a waiver of such breach. No provision of this Lease and no default by Landlord or Tenant hereunder shall be deemed to have been waived by the other party unless such waiver is in writing and signed by the waiving party. 14.2 No payment by Tenant or receipt and acceptance by Landlord of a lesser amount than the rent herein stipulated shall be deemed to be other than on account of the rent,nor shall any endorsement or statement on any check or any letter accompanying any check or payment of the rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such rent or pursue any other right or remedy provided herein or at law or in equity. 15. SUBORDINATION. 15.1 This Lease is and shall be subordinate to any encumbrance now of record or recorded after the date of this Lease affecting Landlord and the Premises. Such subordination is effective without any further act of Tenant. Tenant shall,from time to time upon request from Landlord,execute and deliver any documents or instruments that may be required by a lender to effectuate any such subordination. If Tenant fails to execute and deliver any such documents or instruments, Tenant irrevocably constitutes and appoints Landlord as Tenant's special attorney in-fact to execute and deliver any such documents or instruments on its behalf. 15.2 Each party, within ten (10) days after notice from the other party, shall execute and deliver to the other party, in recordable form, a certificate stating that this Lease is unmodified and in full force and effect, or in full force and effect as modified, and stating the modifications. The certificate also shall state the amount of Rent,the dates to which the Rent has been paid in advance,and the amount of any security deposit or prepaid Rent. Failure to deliver the certificate within the ten (10) days shall be conclusive upon the party failing to deliver the certificate for the benefit of the party requesting the certificate and any successor to the party requesting the certificate,that this Lease is in full force and effect and has not been modified except as may be represented by the party requesting the certificate. -9- P123 16. DAMAGE AND DESTRUCTION. 16.1 Tenant agrees to promptly notify Landlord of any damage to the Premises resulting from fire, earthquake or any other event beyond the control of Tenant (a "Casualty"). If a Casualty unreasonably disrupts Tenant's access to the Premises,or Casualty results affects the structural elements of the Premises making the Premises unsafe to occupy and use,or a material Casualty occurs in the last ninety (90)days of this Lease,then either Landlord or Tenant may terminate this Lease by notice to the other. The Landlord will not be obligated in any manner whatsoever to repair any damage to the Premises caused by a Casualty. 16.2 The provisions of this Section 16 constitute an express agreement between Landlord and Tenant that applies in the event of any Casualty. Tenant and Landlord, therefore, fully waive the provisions of any statute or regulation, including California Civil Code Sections 1932(2)and 1933(4), for any rights or obligations concerning a Casualty. 17. EMINENT DOMAIN. 17.1 If the whole of the Premises shall be taken by eminent domain or disposed of under threat of an impending taking by eminent domain,by,or to,any public authority,this Lease shall cease and terminate one(1)day prior to the date legal title to the Premises shall vest in such authority. 17.2 If only a portion of the Premises is so taken or disposed of, Landlord or Tenant may, at its option, terminate this Lease by giving notice thereof to the other. Landlord and Tenant each hereby waive the provisions of California Code of Civil Procedure Section 1265.130, which allows either party to a lease to petition the Superior Court to terminate the Lease in the event of a partial taking of the Premises. 17.3 In any of the foregoing cases,Landlord shall be entitled to all compensation and awards arising out of or in connection with such taking or disposition, including any portion thereof attributable to the value of the leasehold estate, except that nothing herein contained shall be deemed to prevent Tenant from recovering from the taking or acquiring authority compensation for the taking of any personal property or fixtures belonging to it or for interruption or damage to its business or for moving or other expenses,to the extent any of the same are compensable by law. 18. NOTICES. 18.1 Any notice, request, direction, instruction, demand, consent, authorization, waiver, approval or other communication required or permitted to be given hereunder shall not be effective unless it is given in writing and shall be delivered (a) in person, (b) by certified mail, postage prepaid, return receipt requested, or(c)by a commercial overnight courier that guarantees next day delivery and provides a receipt, and addressed to the parties at the addresses stated below,or at such other address as either party may hereafter notify the other in writing as aforementioned: Landlord: City of Rancho Cucamonga 10500 Civic Center Drive Post Office Box 807 Rancho Cucamonga,California 91730 Attention:John Gillison, City Manager Tenant: Barry Berg, President Alta Loma Riding Club P.O. Box 8116 Alta Loma, CA 91701 -10- P124 Service of any such notice or other communications so made shall be deemed effective on the day of actual delivery(whether accepted or refused), as shown by the addressee's return receipt if by certified mail, and as confirmed by the courier service if by courier; provided, however, that if such actual delivery occurs after 5:00 p.m. (local time where received)or on a non-business day,then such notice or demand so made shall be deemed effective on the first business day immediately following the day of actual delivery. No communications via electronic mail or facsimile shall be effective to give any notice, request, direction, demand, consent, waiver, approval or other communications hereunder. 19. MISCELLANEOUS. 19.1 Words of any gender used herein shall include any other gender, and singular words include the plural,and vice versa,and"person"includes persons,firms and corporations and all other types of entities and organizations, unless in each case the sense otherwise requires. The term"Landlord" shall mean the owner of the Premises at the relevant time. 19.2 Tenant, at any time and from time to time, at the request of Landlord, shall promptly execute,acknowledge and deliver to Landlord a-certificate certifying(a)that this Lease is unmodified and in full force and effect (or, if there have been modifications, that the same is in full force and effect as modified and stating the modifications); and (b) that there are not then existing any offsets or defenses against the enforcement of any provision of this Lease except as therein specified. 19.3 Time is of the essence of the notice requirements and the obligations of the parties under this Lease. 19.4 If there are any covenants yet to be performed by Tenant as of the date of expiration or termination of the term hereof, including, without limitation, the payment of Taxes, Operating Costs and Rent under this Lease as of such date,such covenants shall survive the expiration or termination of the term hereof whether or not they are then known or determined. 19.5 This Lease contains the entire agreement between the parties hereto with respect to the subject matter hereof, and any purported agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it in whole or in part unless such purported agreement is in writing and signed by the party against whom enforcement is sought. 19.6 This Lease shall be governed and interpreted in accordance with the laws of the state of California. 19.7 The unenforceability, invalidity or illegality of any provision of this Lease shall not render the other provisions unenforceable, invalid or illegal. 19.8 The section headings are inserted only as a matter of convenience and reference and in no way define,limit or describe the scope of any section of this Lease nor the intent of any of its provisions. 19.9 Each party represents to the other that it has not engaged or used the services of any broker, finder or salesperson in connection with this Lease. 19.10 This Lease may be executed in multiple counterparts each of which shall be deemed an original for all purposes. 19.11 Upon the expiration or earlier termination of this Lease for any reason, Tenant shall within three (3) business days following written request by Landlord, deliver to Landlord an executed, acknowledged and recordable quitclaim deed conveying to Landlord any and all interest Tenant may have under this Lease. 19.12 Nothing contained herein shall be deemed to limit, restrict, amend or modify, or to constitute a waiver or release of any ordinances, notices,orders,rules,regulations or requirements(now or -11- P125 hereafter enacted or adopted and/or as amended from time to time)of the City of Rancho Cucamonga. For purposes of this Lease,and notwithstanding anything in this Lease which may be construed to the contrary, Landlord is acting in its capacity as an owner of property and not as a governmental agency. 20. ENVIRONMENTAL MATTERS. 20.1 The term "Hazardous Substance" shall mean any pollutant, contaminant, toxic or hazardous waste, dangerous substance, potentially dangerous substance, noxious substance, toxic substance, flammable, explosive, radioactive material, urea formaldehyde foam insulation, asbestos, PCB's, or any other substances the removal of which is required, or the manufacture, production, generation, use, maintenance, disposal, treatment, storage, transfer, handling or ownership of which is restricted,prohibited,regulated or penalized by any federal,state,county,or municipal statutes or laws now or at any time hereafter in effect,including but not limited to,the Comprehensive Environmental Response, Compensation, and Liability Act(U.S.C. Sections 9601, et seq.), the Hazardous Materials Transportation Act(49 U.S.C. Sections 1801, et seq.), the Resource Conservation and Recovery Act(42 U.S.C. Sections 6901, et seq.), the Federal Water Pollution Control Act(33 U.S.C. Sections 1251, et seq.), the Clean Air Act(42 U.S.C. Sections 7401,et seq.),the Toxic Substances Control Act,as amended(15 U.S.C. Sections 2601, et seq.),and the Occupational Safety and Health Act(29 U.S.C. Sections 651,et seq.),as these laws have been amended or supplemented. 20.2 Tenant shall not use, or permit others to use, the Premises for the production, generation, manufacture, treatment, transportation, storage or disposal of any Hazardous Substance, whether or not in compliance with any and all applicable federal, state and local environmental laws, ordinances and regulations. Provided however, Tenant,without Landlord's prior consent, shall be allowed (in strict compliance with all laws),to utilize ordinary quantities of Hazardous Substances customarily used in general office use and in compliance with the use of the Premises allowed herein(i.e.,cleaning supplies, copier toner and similar items). Tenant shall immediately notify Landlord of(a)any release or discharge by Tenant or any other occupant of the Premises(or alleged release or discharge)of a Hazardous Substance, or(b)of any notice of violation or alleged violation of any law regarding any Hazardous Substance received by Tenant or any other occupant of the Premises. 20.3 Without limiting Tenant's other obligations and liabilities hereunder, Tenant shall indemnify, defend and hold Landlord its officers, tenants and employees harmless, from and against any and all claims, damages, expenses, penalties, liabilities and costs resulting or arising from a breach of the covenant contained in Section 20.2. 20.4 The provisions of this Section 20 shall survive the expiration or termination of this Lease. -12- P126 IN WITNESS WHEREOF, and intending to be legally bound hereby, Landlord has caused this Lease to be executed on its behalf by a duly authorized officer, and Tenant has caused this Lease to be executed on its behalf by a duly authorized officer of Tenant, as of the day and year first written above. LANDLORD: CITY OF RANCHO CUCAMONGA, A California municipal corporation By: John Gillison,City Manager APPROVED AS TO FORM: By: James L. Markman, City Attorney ATTEST: By: Janice Reynolds, City Clerk TENANT: ALTA LOMA RIDING CLUB A California 501 c4 nonprofit public benefit corporation By: ��eS Barry Berg, P sident -13- P127 EXHIBIT A LEGAL DESCRIPTION 5546 Beryl Street Parcel Number: 106164107-0000 The Equestrian Center (Premise) is a portion of Heritage Park (Property) defined as: CUCAMONGA HOMESTEAD ASSN THAT PTN LOTS 7 AND 8 BLK 14 LYING SELY OF THAT PTN DEEDED TO FLOOD CONTROL AS PARCEL A IN DOCUMENT RECORDED 8-31-81 BO 192190 EX THAT PTN. -14- P128 EXHIBIT B MAP OF PREMISES -. 4 • _ .1• ,, , • '\„5.4,i4N : 1 ,, :,,... , i , k t., • „ , , , ,, ..: l.., 13 2' ' , \ _ r i 1. 4, , • ..• Z. :1> ,,,,\ 'N _,,. '' it .i# • . N., ,, .• ii, t' , . .\.. ee 1'-__3._,.• ; , , 'f LEGEND — — ,.„. , ..."'4,,t .. ,?-,. ;, , '' 1. North Arena ' ! - 2. South Arena ' 3. Shared Parking Lot !' � . , �' 4. Hitch Area #1 4 . - --‘ '' ---/Z-C ,N 5. Lunge Pen #1 i� 4 �• 6. Water Trough - i - , i/• p I' 7. Hitch Area #2 t.r hr ", * w r 8. North Grandstands i. i g 0 r - -• { 9. South Grandstands 1:. .'' 'N 10. Lunge Pen #2 t - - , 11. Hitch Area #3 0 k i - , 12. Water Trough 13. Show Office ,-• 14. Storage L. 15. Rest Rooms 4A.. ,�., .f • 16. Kitchen J P129 MEMORANDUM + Cm'CLERK'S OFFICE LNG RANC HO te: October 15, 2014 CUCAMONGA To: Honorable Mayor and Members of the City Council John R. Gillison, City Manager From: Debra L. McNay, MMC, Assistant City Clerk/Records Manager Subject: Ordinance No. 870, First Reading: Amendment and Restatement of Selected Titles of the Rancho Cucamonga Municipal Code. RECOMMENDATION: It is recommended that the City Council take up Ordinance No. 870 for first reading. BACKGROUND/ANALYSIS: • In 2012, the City Council established a goal to identify funding for the preparation of a legal analysis, review, and clean-up of the Rancho Cucamonga Municipal Code for consistency with the update to the Development Code and current law. This goal was completed with the funding of this project in the Fiscal Year 2012/13 budget. In April 2013, a team of Department representatives were assigned to review the Municipal Code in conjunction with the City Clerk's office and identify any technical inconsistencies or minor administrative and clarification changes that they would like to see addressed during the review. Mr. Steven Flower from the City Attorney's office was also assigned to help with this project. This team met for seven months in 2013 and then individually when the legal analysis was done. The following is a summary of the changes that are being recommended in the Rancho Cucamonga Municipal Code: 1. Chapter 1.12 (Administrative Hearing). Increasing the time that the public can appeal a citation from 20 to 30 days. 2. Chapter 2.08 (City Manager). Indicating that the City Manager can designate another employee to perform the duties of a position that is currently vacant. 3. Chapter 2.40 (Enforcement Powers). Confirming that Fire District employees may enforce Municipal Code regulations. 4. Chapter 2.56 (Use of City Seal and Logo). Defining the use of logos in social media. • 5. Chapter 3.08 (Purchasing System). Updating the purchasing procedures to address best value procurement, electronic submittals and recycled product procurement. P130 ORDINANCE No.870,FIRST READING OCtHER 15,2014 6. Chapter 3.36 (Admissions Tax). Clarifying that movie theaters are exempt from the admissions tax. 7. Chapter 3.46 (Electric Rules). Clarifying billing procedures in the Municipal Utility regulations. Also, removing a redundant fee schedule (which is also adopted by Resolution) and providing language for reimbursement agreements. 8. Title 4 is reserved. No changes were made. 9. Chapter 5.04 (Business Licenses). Streamlining the business license process, clarifying exemptions and outlining the appeal process. 10. Title 6 (Animals) and Title 7 (Telecommunications) were not changed. 11. Exchanging the word"permit"with the broader term "written permission" in Chapters 8.04 and 12.04 for activities regulated by the Community Services Department. • 12. Chapter 8.17 (Residential Refuse Collection). Providing updated definitions for recycling and addressing residential recycling and green waste. Also clarified current code requirements that trash containers must be out of public view. 13. Chapter 8.19 (Commercial/Industrial Refuse Collection). Adding various definitions and addressing commercial and industrial recycling and green waste. 14. Clarifying the appeal process in Chapters 8.30; 8.40 and 9.31 for, mobile hot food vendors, taxicabs, massage businesses and solicitors permits. 15. Title 10 (Vehicles and Traffic). Making minor changes to the vehicles and traffic regulations to address the monitoring of traffic accidents. Title 10 (Vehicles and Traffic). Making minor changes to the vehicles and traffic regulations to address the monitoring of traffic accidents. Since Chapter 8.44 was established regarding assemblies, a correction was made to Chapter 10.36.050 to direct the reader to Chapter 8.44. 16. Title 11 is reserved. No changes were made. • 17. Chapter 12.04 (Park Regulations). Removing the requirement of providing a written permit for dog obedience classes, as permits are not issued. Also, limiting the use of remote control airplanes and helicopters in the park system to conform to current practices. 18. There were minor changes in Title 13 (Public Services) to clarify definitions, insert numerals rather than spelling numbers out and correct grammar. 19. Title 14 is no longer used as the sign regulations are in Title 17. 20. There are minor changes to Title 15 (Building and Construction) to clarify definitions and insert numerals rather than spelling numbers out. P131 ORDINANCE NO. 870,FIRST READING OCTOBER 15,2014 21. No changes were proposed to Title 16 (Subdivision). Changes proposed to Title 17 (Development Code) were referred to the Planning Department for consideration with other Development Code changes. 22. Title 18 is reserved. No changes were made. 23. Chapter 19.20 (Storm Sewer System). Identifying the proper names of agencies and clarifying definitions with storm water and urban runoff management and discharge control. A legal analysis was done by Municode as a result of the 2012 City Council goal and subsequent funding. This legal analysis consisted of reviewing each Title, double-checking references between Chapters and ensuring that the code complied with State and Federal law. At the same time, Municode and staff discussed the contents of the Titles to ensure that language was clear and corresponded with current practice. Municode and staff also corrected spelling, capitalization and numbering so that it is consistent throughout the Code. • The following is a summary of the changes being proposed as a result of the legal analysis: 1. Removal of declaration of constitutionality in some of the Titles as it is not necessary to codify this standard Ordinance language. 2. Removed definitions that are used uniformly throughout the Titles, made sure that commonly used definitions are contained in the first Chapter and that Department specific definitions are listed in the appropriate Title. 3. Reviewed and revised the San Bernardino County codes adopted by reference. 4. Compared specific sections to the relevant Government Code sections and clarified the language to conform to Federal and State law where appropriate. 5. Removed the language that established the initial terms for the Commissions when the City incorporated. • 6. Removed the references to obsolete taxes and Development Impact Fees in order to conform to the impact fee program approved by the City Council on June 3, 2014. 7. Moved substantive sections out of the definition section and into the regulatory section. Also, compared regulations with other code sections, checked capitalization, punctuation, grammar and numbering. • P132 ORDINANCE No.870,FIRST READING OCTOBER 15,2014 The draft Ordinance lists the Departmental team's recommended changes as well as the changes proposed by Municode. The text proposed to be deleted has been struck out and the text to be added is shown in color. As noted above, Titles 4, 6 -7, 11, 13— 18 were either not affected or contain minor changes. The 495 page proof has been placed on the Internet, is available at the City Clerk's counter • and was transmitted to the Council under separate cover. Respectfully submitted, Debra L. McNay, MMC Assistant City Clerk/Records Manager • • P133 ORDINANCE NO. 870 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING AND RESTATING TITLES 1 (GENERAL PROVISIONS), 2 (ADMINISTRATION AND PERSONNEL), 3 (REVENUE AND FINANCE), 5 (BUSINESS TAXES, LICENSES, AND REGULATIONS, 8 (HEALTH AND SAFETY), 9 (PUBLIC PEACE, MORALS AND WELFARE), 10 (VEHICLES AND TRAFFIC), 12 (STREETS, SIDEWALKS AND PUBLIC PLACES), 13 (PUBLIC SERVICES), 15 (BUILDING • AND CONSTRUCTION), AND 19 (ENVIRONMENTAL PROTECTION) OF THE RANCHO CUCAMONGA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES ORDAIN AS FOLLOWS: Section 1. Findings and Intent. The City Council finds and declares that: A. The City Council desires to amend and restate Titles 1, 2, 3, 5, 8, 9, 10, 12, 13, 15, and 19 of the Rancho Cucamonga Municipal Code as set forth in Exhibit A, which is attached hereto and incorporated herein by this reference. B. The City Council hereby finds, in the exercise of its independent judgment and analysis, that this Ordinance is exempt from the California Environmental Quality Act (CEQA) on the grounds that there is no possibility the proposed ordinance would have a significant impact on the environment pursuant to State CEQA Guideline Section 15061(b)(3). A Notice of Exemption shall be filed in accordance with CEQA and the State CEQA Guidelines. C. All legal prerequisites prior to the adoption of this Ordinance have occurred. Section 2. Amendment and Restatement. Titles 1, 2, 3, 5, 8, 9, 10, 12, 13, 15, and 19 of the Rancho Cucamonga Municipal Code are hereby amended and restated to read as set forth in Exhibit A. Except for the amendments indicated in Exhibit A, all provisions of the Municipal Code shall remain unchanged. Where substantially the same as existing law, the amended and restated provisions of the Municipal Code shall be considered a continuation of existing law and not a new enactment. Section 3. Effect of Amendment and Restatement. The amendment and restatements of provisions of the Rancho Cucamonga Municipal Code by this Ordinance shall not affect the following matters: A. Actions and proceedings that began before the effective date of this Ordinance. B. Prosecution for ordinance violations committed before the effective date of this Ordinance. C. Licenses and penalties due and unpaid at the effective date of this Ordinance. 1 P134 D. Collection of licenses and penalties due and unpaid at the effective date of this Ordinance. E. Bonds and cash deposits required to be posted, filed, or deposited pursuant to any ordinance, resolution, or regulation. F. Matters of record that refer to or are connected with an ordinance previously adopted by the City the substance of which is amended by this Ordinance. Such references shall be construed to apply to the corresponding provisions of this Ordinance. Section 4. Nothing in this Ordinance shall in any manner modify or otherwise affect the following subject matters: A. The corporate or jurisdictional limits of the City. B. Contracts to which the City is a party. C. City taxes. D. City franchises. E. Highways, roads, streets or other public right-of-way. F. Bonds or indebtedness of the City. G. A district, public corporation or other entity established by the City. H. Specific public improvements or assessments. Appropriation or investment of City funds. 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. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council of the City of Rancho Cucamonga hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional. Section 7. Certification. 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. • 2 P135 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Rancho Cucamonga this _the day of 2014. AYES: NOES: ABSENT: ABSTAINED: L. Dennis Michael, Mayor ATTEST: Janice C. Reynolds, City Clerk 3 P136 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 15'h day of October, 2014, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the th day of 2014. Executed this_day of 2014, at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk 4 MEMORANDUM /T//�\ CITY CLERK'S OFFICE La J RANCHO Date: October 15, 2014 C,UCAMONGA • To: Honorable Mayor and Members of the City Council John R. Gillison, City Manager From: Debra L. McNay, MMC, Assistant City Clerk/Records Manager Subject: Ordinance No. 870, First Reading: Amendment and Restatement of Selected Titles of the Rancho Cucamonga Municipal Code. RECOMMENDATION: It is recommended that the City Council take up Ordinance No. 870 for first reading. BACKGROUND/ANALYSIS: In 2012, the City Council established a goal to identify funding for the preparation of a legal analysis, review, and clean-up of the Rancho Cucamonga Municipal Code for consistency with the update to the Development Code and current law. This goal was completed with the funding of this project in the Fiscal Year 2012/13 budget. In April 2013, a team of Department representatives were assigned to review the Municipal Code in conjunction with the City Clerk's office and identify any technical inconsistencies or minor administrative and clarification changes that they would like to see addressed during the review. Mr. Steven Flower from the City Attorney's office was also assigned to help with this project. This team met for seven months in 2013 and then individually when the legal analysis was done. The following is a summary of the changes that are being recommended in the Rancho Cucamonga Municipal Code: 1. Chapter 1.12 (Administrative Hearing). Increasing the time that the public can appeal a citation from 20 to 30 days. 2. Chapter 2.08 (City Manager). Indicating that the City Manager can designate another employee to perform the duties of a position that is currently vacant. 3. Chapter 2.40 (Enforcement Powers). Confirming that Fire District employees may enforce Municipal Code regulations. 4. Chapter 2.56 (Use of City Seal and Logo). Defining the use of logos in social media. 5. Chapter 3.08 (Purchasing System). Updating the purchasing procedures to address best value procurement, electronic submittals and recycled product procurement. Q ORDINANCE No. 870,FntsT RF.,ADmc OC oBHR 15,2014 6. Chapter 3.36 (Admissions Tax). Clarifying that movie theaters are exempt from the admissions tax. • 7. Chapter 3.46 (Electric Rules). Clarifying billing procedures in the Municipal Utility regulations. Also, removing a redundant fee schedule (which is also adopted by Resolution) and providing language for reimbursement agreements. 8. Title 4 is reserved. No changes were made. 9. Chapter 5.04 (Business Licenses). Streamlining the business license process, clarifying exemptions and outlining the appeal process. 10. Title 6 (Animals) and Title 7 (Telecommunications) were not changed. 11. Exchanging the word "permit" with the broader term "written permission" in Chapters 8.04 and 12.04 for activities regulated by the Community Services Department. 12. Chapter 8.17 (Residential Refuse Collection). Providing updated definitions for recycling and addressing residential recycling and green waste. Also clarified current code requirements that trash containers must be out of public view. 13. Chapter 8.19 (Commercial/Industrial Refuse Collection). Adding various definitions and addressing commercial and industrial recycling and green waste. 14. Clarifying the appeal process in Chapters 8.30; 8.40 and 9.31 for, mobile hot food vendors, taxicabs, massage businesses and solicitors permits. 15. Title 10 (Vehicles and Traffic). Making minor changes to the vehicles and traffic regulations to • address the monitoring of traffic accidents. Title 10 (Vehicles and Traffic). Making minor changes to the vehicles and traffic regulations to address the monitoring of traffic accidents. Since Chapter 8.44 was established regarding assemblies, a correction was made to Chapter 10.36.050 to direct the reader to Chapter 8.44. 16. Title 11 is reserved. No changes were made. 17. Chapter 12.04(Park Regulations). Removing the requirement of providing a written permit for dog obedience classes, as permits are not issued. Also, limiting the use of remote control airplanes and helicopters in the park system to conform to current practices. 18. There were minor changes in Title 13 (Public Services) to clarify definitions, insert numerals rather than spelling numbers out and correct grammar. 19. Title 14 is no longer used as the sign regulations are in Title 17. 20. There are minor changes to Title 15(Building and Construction)to clarify definitions and insert numerals rather than spelling numbers out. • ORDINANCE NO. 870,FIRST READING Oc1'oBIR 15,2014 21. No changes were proposed to Title 16 (Subdivision). Changes proposed to Title 17 (Development Code) were referred to the Planning Department for consideration with other Development Code changes. 22. Title 18 is reserved. No changes were made. 23. Chapter 19.20 (Storm Sewer System). Identifying the proper names of agencies and clarifying definitions with storm water and urban runoff management and discharge control. A legal analysis was done by Municode as a result of the 2012 City Council goal and subsequent funding. This legal analysis consisted of reviewing each Title, double-checking references between Chapters and ensuring that the code complied with State and Federal law. At the same time, Municode and staff discussed the contents of the Titles to ensure that language was clear and corresponded with current practice. Municode and staff also corrected spelling, capitalization and numbering so that it is consistent throughout the Code. The following is a summary of the changes being proposed as a result of the legal analysis: 1. Removal of declaration of constitutionality in some of the Titles as it is not necessary to codify this standard Ordinance language. 2. Removed definitions that are used uniformly throughout the Titles, made sure that commonly used definitions are contained in the first Chapter and that Department specific definitions are • listed in the appropriate Title. 3. Reviewed and revised the San Bernardino County codes adopted by reference. 4. Compared specific sections to the relevant. Government Code sections and clarified the language to conform to Federal and State law where appropriate. 5. Removed the language that established the initial terms for the Commissions when the City incorporated. . 6. Removed the references to obsolete taxes and Development Impact Fees in order to conform to the impact fee program approved by the City Council'on June 3, 2014. 7. Moved substantive sections out of the definition section and into the regulatory section. Also, compared regulations with other code sections, checked capitalization, punctuation, grammar and numbering. .. ORDINANCE No.870,FIRST READING OC rOHER 15,2014 The draft Ordinance lists the Departmental team's recommended changes as well as the changes proposed by Municode. The text proposed to be deleted has been struck out and the text to be added is shown in color. As noted above, Titles 4, 6 - 7, 11, 13— 18 were either not affected or contain minor changes. The 495 page proof has been placed on the Internet, is available at the City Clerk's counter and was transmitted to the Council under separate cover. Respectfully submitted, Debra L. McNay, MMC Assistant City Clerk/Records Manager • ORDINANCE NO. 870 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING AND RESTATING TITLES 1 (GENERAL PROVISIONS), 2 (ADMINISTRATION AND PERSONNEL), 3 (REVENUE AND FINANCE), 5 (BUSINESS TAXES, LICENSES, AND REGULATIONS, 8 (HEALTH AND SAFETY), 9 (PUBLIC PEACE, MORALS AND WELFARE), 10 (VEHICLES AND TRAFFIC), 12 (STREETS, SIDEWALKS AND PUBLIC PLACES), 13 (PUBLIC SERVICES), 15 (BUILDING AND CONSTRUCTION), AND 19 (ENVIRONMENTAL PROTECTION) OF THE RANCHO CUCAMONGA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES ORDAIN AS FOLLOWS: Section 1. Findings and Intent. The City Council finds and declares that: A. The City Council desires to amend and restate Titles 1, 2, 3, 5, 8, 9, 10, 12, 13, 15, and 19 of the Rancho Cucamonga Municipal Code as set forth in Exhibit A, which is attached hereto and incorporated herein by this reference. B. The City Council hereby finds, in the exercise of its independent judgment and analysis, that this Ordinance is exempt from the California Environmental Quality Act(CEQA) on the grounds that there is no possibility the proposed ordinance would have a significant impact on the environment pursuant to State CEQA Guideline Section 15061(b)(3). A Notice of Exemption shall be filed in accordance with CEQA and the State CEQA Guidelines. C. All legal prerequisites prior to the adoption of this Ordinance have occurred. Section 2. Amendment and Restatement. Titles 1, 2, 3, 5, 8, 9, 10, 12, 13, 15, and 19 of the Rancho Cucamonga Municipal Code are hereby amended and restated to read as set forth in Exhibit A. Except for the amendments indicated in Exhibit A, all provisions of the Municipal Code shall remain unchanged. Where substantially the same as existing law, the amended and restated provisions of the Municipal Code shall be considered a continuation of existing law and not a new enactment. Section 3. ' Effect of Amendment and Restatement. The amendment and restatements of provisions of the Rancho Cucamonga Municipal Code by this Ordinance shall not affect the following matters: A. Actions and proceedings that began before the effective date of this Ordinance. B. Prosecution for ordinance violations committed before the effective date of this Ordinance. C. Licenses and penalties due and unpaid at the effective date of this Ordinance. • 1 • D. Collection of licenses and penalties due and unpaid at the effective date of this Ordinance. E. Bonds and cash deposits required to be posted, filed, or deposited pursuant to any ordinance, resolution, or regulation. F. Matters of record that refer to or are connected with an ordinance previously adopted by the City the substance of which is amended by this Ordinance. Such references shall be construed to apply to the corresponding provisions of this Ordinance. Section 4. Nothing in this Ordinance shall in any manner modify or otherwise affect the following subject matters: A. The corporate or jurisdictional limits of the City. B. Contracts to which the City is a party. C. City taxes. D. City franchises. • E. Highways, roads, streets or other public right-of-way. F. Bonds or indebtedness of the City. G. A district, public corporation or other entity established by the City. H. Specific public improvements or assessments. Appropriation or investment of City funds. 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. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council of the City of Rancho Cucamonga hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional. Section 7. Certification. 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. 2 • PASSED, APPROVED, AND ADOPTED by the City Council of the 'City of Rancho Cucamonga this _the day of 2014. AYES: NOES: ABSENT: ABSTAINED: L. Dennis Michael, Mayor ATTEST: Janice C. Reynolds, City Clerk 3 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 15'" day of October, 2014, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the th day of 2014. Executed this day of 2014, at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk 4 Rancho Cucamonga Municipal Code AsprCe . Publis 20 rder of the City Council Ailniimy A/C4/ 1„ L'1_ municode Municipal Code Corporation • PO Box 2235 Tallahassee,FL 32316 Info@munlcode.com • 800.262.2633 fax 850.575.8852 • www.municode.com s'r • • OFFICIALS of the CITY OF RANCHO CUCAMONGA, CALIFORNIA AT THE TIME OF THIS AMENDMENT AND RESTATEMENT OF SELECTED TITLES LMayor� Mayor • • • [_Council member_] [rCouncil member_] [\kuncil member_] [_Council member_] City Council [_City Manager_] • City Manager [_Attorney_] City Attorney • [_Clerk_] City Clerk • iii 1 PREFACE • This Code constitutes an amendment and restatement of selected titles of the general and permanent ordinances of the City of Rancho Cucamonga, California. Source materials used in the preparation of the Code were the 1980 Code, as supplemented through August 1, 2012, and ordinances subsequently adopted by the city council. The source of each section is included in the history note appearing in parentheses at the end thereof.The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1980 Code, as supplemented, and any subsequent ordinance included herein. • The Code has been conveniently arranged by title, nd the various chapters with each title and the sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections ofdhe'Code Together and which refer to relevant state law have been included.A,tab elel listing the.state law citations and setting forth their location within the Code isihcluudded antic back of this Code. Title, Chapter and Section Numbering"System The title, chapter and section numbering system used in this Code is the same system used in many state andilo government codes. Each section number consists of three parts separated by a decimal. The first figure represents the title number, the next figure is the\chapter the title and the last figure after the decimal represents the position of the section within the chapter.Thus,the second section of title 1, chapter 1.10 is numbered 1.10.020. In most instances, sections are numbered by tens (0{07':020, .030, etc.), leaving nine vacant positions between originalsections to accommodate future provisions. Similarly, chapters and titles are numbered to provide for internal expansion. For example, if new material consisting of,one section that would logically come between sections 5.10.010 and 5.10.020vis desired to be added, such new section would be numbered 5.10.015. Page Numbering System The page numbering system used in this Code is a prefix system. The letters and numbers to the left of the colon, e.g., "CD01.10:" are an abbreviation which represents a certain portion of the volume and the title and chapter number. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the title and chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances,which may or may not appear in this Code at this time, and their corresponding prefixes: CODE CD01.10:1 CODE APPENDIX CDA:1 ix CODE COMPARATIVE TABLES CCT:1 ORDINANCE DISPOSITION TABLE ORDT:1 STATE LAW REFERENCE TABLE SLT1 CODE INDEX CDi:1 Index The index has been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phrase- ology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the index itself which stand as guideposts to direct the user to the particular item in which the user is interested. Looseleaf Supplements • A special feature of this publication is the looseleaf-system of binding and . supplemental servicing of the publication. With,this system,the publication will be kept up to date.Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted.,Thse,new'pages will be distributed to holders of copies of the publication,with instructions for the manner of inserting the new pages and deleting the obsolete pages. Keeping this publication up to d.. "--.--..."..\--la times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. Ittis trongly strongly-recommended by the publisher that all such amendments be inserted`imm\�._ediately upon receipt to avoid misplacing them and, in addition, that allzdelete6$ ges be saved and filed for historical reference purposes. I*' Acknowledgments - - This publication was under the direct supervision of Alyce A. Whitson, Senior • Code Attorney, and Kayla Mahnken, Editor, of the Municipal Code Corporation, • Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the • project. . The publisher is most grateful to Debra L. McNay, MMC, Assistant City Clerk/Records Manager, Shirr'l Griffin, CMC, CAP-OM, OSII, and the other members of the city staff for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs. x Copyright All editorial enhancements of this Code are copyrighted by Municipal Code Corporation and the City of Rancho Cucamonga, California. Editorial enhance- ments include, but are not limited to: organization; table of contents; section catchlines; prechapter section analyses; editor's notes;cross references;state law references; numbering system; code comparative table; state law reference table; and index. Such material may not be used or reproduced for commercial purposes without the express written consent of Municipal Code Corporation and the City of Rancho Cucamonga, California. © Copyrighted material. Municipal Code Corporation and the City of Rancho Cucamonga, California. 2014. AS, .4\ _ • xi • /k/Si cm Page 1 of 496 Title 1 GENERAL PROVISIONS 5 CHAPTER 1.01. CODE ADOPTION 5 CHAPTER 1.04. GENERAL PROVISIONS 6 CHAPTER 1.08. ADOPTION OF COUNTY CODE SECTIONS* 9 ARTICLE I. COUNTY CODE ADOPTED AND AMENDED* 9 ARTICLE II. (RESERVED) 12 ARTICLE III. (RESERVED) 12 ARTICLE IV. (RESERVED)* 12 ARTICLE V. SIGNS 13 ARTICLE VI. (RESERVED) 13 ARTICLE VII. PYRAMIDAL ZONING 13 CHAPTER 1.12. PENALTIES, ADMINISTRATIVE AND CIVIL REMEDIES AND GENERAL PROVISIONS 13 CHAPTER 1.16. ESTABLISHMENT OF FEES 23 Title 2 ADMINISTRATION AND PERSONNEL* 25 CHAPTER 2.04. PERSONNEL ADMINISTRATION SYSTEM* 25 CHAPTER 2.08. CITY MANAGER* 26 CHAPTER 2.12. CITY COUNCIL MEETINGS* _ 30 CHAPTER 2.16. SALARIES* 31 CHAPTER 2.20. PLANNING COMMISSION*' A ���� 32 ' CHAPTER 2.24. HISTORIC PRESERVATION* !/ e N - 33 CHAPTER 2.32. ELIGIBILITY FOR EMPLOYMENT\N" 37 CHAPTER 2.36. DISASTER COUNCIL* 37 CHAPTER 2.40. ARREST POWERS ( \\ ' 40 CHAPTER 2.44. REDEVELOPMENT AGENCY`` �V 40 CHAPTER 2.48. INDUSTRIAL DEVEL'PMENT-AUTHORITY* 41 CHAPTER 2.52. PARK AND RECREATION COMMISSION 42 CHAPTER 2.56. USE OF THE CITY SEAL AND LOGOS 43 Title 3 REVENUE AND FINANCE* ) 45 CHAPTER 3.04. TRANSFER.OFTAX-FUNCTION* 45 CHAPTER 3.08. PURCHASING SYSTEM* 45 CHAPTER 3.12. CLAIMS`PPAYMENT PROCEDURE* 56 CHAPTER 3.16. DOCUMENTARY TRANSFER TAX* 58 CHAPTER 3.20. SALES AND>USE TAX* 59 CHAPTER 3.28. CITY-WIDE SYSTEM FEES FOR TRANSPORTATION DEVELOPMENT* 65 CHAPTER 3.32. SPECIAL GAS TAX FUND* 66 CHAPTER 3.36. ADMISSIQNS TAX 67 CHAPTER 3.40. TRANSIENT OCCUPANCY TAX* 70 CHAPTER 3.44. MOBILE SOURCE AIR POLLUTION REDUCTION PROGRAM* 76 CHAPTER 3.46. ELECTRIC RULES AND REGULATION 77 CHAPTER 3.48. UTILITY USER'S FEE 133 CHAPTER 3.52. COMMUNITY AND RECREATION CENTER IMPACT FEE 141 CHAPTER 3.56. LIBRARY IMPACT FEE 143 CHAPTER 3.60. ANIMAL CENTER IMPACT FEE 145 CHAPTER 3.64. POLICE IMPACT FEE 147 CHAPTER 3.68. PARK IN-LIEU/PARK IMPACT FEES 149 Title 4 RESERVED 152 Title 5 BUSINESS TAXES, LICENSES AND REGULATIONS* 153 CHAPTER 5.04. BUSINESS LICENSES AND TAXES* 153 ARTICLE I. GENERAL PROVISIONS 153 Page 2 of 496 ARTICLE II. GROSS RECEIPT TAXES; RETAIL, WHOLESALE AND OTHER BUSINESSES 161 CHAPTER 5.08. BINGO* 168 CHAPTER 5.16. FILM PERMITS* 174 Title 6 ANIMALS* 180 Title 7 TELECOMMUNICATIONS REGULATIONS* 181 Title 8 HEALTH AND SAFETY* 182 CHAPTER 8.08. MOBILEHOME PARKS* 182 CHAPTER 8.10. MOBILEHOME PARK RENT MEDIATION* 184 CHAPTER 8.12. FIREWORKS 187 CHAPTER 8.16. CONTROL OF BLOWING SAND AND PREVENTION OF SOIL EROSION BY WIND 188 CHAPTER 8.17. RESIDENTIAL REFUSE COLLECTION* 189 CHAPTER 8.18. EMERGENCY MEDICAL SERVICES* 201 CHAPTER 8.19. COMMERCIAL AND INDUSTRIAL REFUSE RECYCLABLES AND GREEN WASTE COLLECTION* 213 CHAPTER 8.20. ENVIRONMENTAL HEALTH CODE* 230 CHAPTER 8.21. SMOKING REGULATED OR PROHIBITED*,' 232 CHAPTER 8.22. PROHIBITION OF CHLOROFLUOROCCAR . ROCESSED PACKAGING* 237 CHAPTER 8.23. NUISANCE ABATEMENT* w 240 CHAPTER 8.24. GRAFFITI* \\14 248 CHAPTER 8.25. VEHICLE ABATEMENT* /r--K\ \" 254 CHAPTER 8.26. ALARM SYSTEMS* A \'\ / 260 CHAPTER 8.27. STREET ADDRESS POSTING P 261 r*t CHAPTER 8.30. TAXICAB SERVICE \ # 262 CHAPTER 8.32. FOOD ESTABLISHMENTS \) 268 CHAPTER 8.36. CURB NUMBERINGREGULATIONS 269 CHAPTER 8.40. SALES OF GOODS OR MERCHANDISE FROM VEHICLES 272 CHAPTER 8.42. MAINTENANCE°OF-FORECLOSED AND ABANDONED RESIDENTIAL, COMMERCIAL AND INDUSTRIALyPROPERTIES 277 CHAPTER 8.44. PARADES'AND ASSEMBLIES* 282 CHAPTER 8.46. ABATEMENT�OF WEEDS AND CERTAIN OTHER FIRE HAZARDS* 288 CHAPTER 8.50. SHOPPING CARTS 292 Title 9 PUBLIC PEACE, MORALS AND. WELFARE* 295 CHAPTER 9.04. WEAPONS* 295 CHAPTER 9.08. CERTAIN NUDE CONDUCT PROHIBITED* 295 CHAPTER 9.12. PICTURE ARCADES 296 CHAPTER 9.16. CONSUMPTION OF ALCOHOL IN PUBLIC PLACES 297 CHAPTER 9.18. MISCELLANEOUS OFFENSES 297 CHAPTER 9.19. ABATEMENT OF CERTAIN NUISANCES STREET GANGS* 300 CHAPTER 9.20. CITY PROPERTY 303 CHAPTER 9.24. MASSAGE SERVICES* 303 ARTICLE I. IN GENERAL 303 ARTICLE II. MASSAGE TECHNICIANS AND CERTIFIED MASSAGE THERAPISTS* 313 ARTICLE III. OUT CALL MASSAGE SERVICES 315 ARTICLE IV. PROHIBITED CONDUCT, PROCEDURES AND PENALTIES 316 CHAPTER 9.26. LOITERING* 318 CHAPTER 9.28. CONVENIENCE FOOD STORES 319 CHAPTER 9.30. LOITERING BY MINORS PROHIBITED 319 Page 3 of 496 CHAPTER 9.31. SOLICITATIONS 321 CHAPTER 9.32. SECOND RESPONSES BY POLICE TO PARTIES AND OTHER ASSEMBLAGES--CIVIL PENALTY IMPOSED 329 CHAPTER 9.33. ACCOUNTABILITY FOR BEING A SOCIAL HOST OF MINORS 330 CHAPTER 9.34. NARCOTICS AND GANG-RELATED CRIME EVICTION PROGRAM* 331 Title 10 VEHICLES AND TRAFFIC* 334 CHAPTER 10.04. DEFINITIONS* 334 CHAPTER 10.08. TRAFFIC ADMINISTRATION 336 CHAPTER 10.12. ENFORCEMENT AND OBEDIENCE TO TRAFFIC REGULATIONS* 338 CHAPTER 10.16. TRAFFIC CONTROL DEVICES* 339 CHAPTER 10.20. SPECIAL SPEED ZONE 340 CHAPTER 10.24. TURNING MOVEMENTS 350 CHAPTER 10.28. ONE-WAY STREETS AND ALLEYS 351 CHAPTER 10.32. SPECIAL STOPS 351 CHAPTER 10.36. MISCELLANEOUS DRIVING RULES 353 CHAPTER 10.40. PEDESTRIAN RIGHTS AND DUTIES 354 CHAPTER 10.44. STOPPING, STANDING OR PARKING IN SPECIFIED PLACES* 354 CHAPTER 10.48. STOPPING FOR LOADING OR UNLOADING ONLY 358 CHAPTER 10.50. PERMIT PARKING DISTRICTS � 359 CHAPTER 10.52. STOPPING, STANDING OR PARICING-RESTRICTIONS 362 CHAPTER 10.54. ELECTRIC VEHICLE PARKING,AT PU.BLIC;AND PRIVATE CHARGING STATIONS \\\fie 365 CHAPTER 10.56. TRUCK ROUTES AND RESTRICTIONS' 366 CHAPTER 10.60. PARKING FOR PERSONS` WITH DISABILITIES* 369 CHAPTER 10.64. OVERSIZE VEHICLE-PARKING* V 370 CHAPTER 10.68. ROLLER SKATES AND SIMILAR DEVICES* 371 CHAPTER 10.72. CRUISING PROHIBITED'') 372 Title 11 RESERVED J 374 Title 12 STREETS, SIDEWALKS2AND PUBLIC PLACES* 375 CHAPTER 12.03. PUBLIC.IMPROVEMENT CONSTRUCTION PERMITS 375 ARTICLE I. IN GENERAL' 375 ARTICLE II. PERMIT\\y 377 CHAPTER 12.04. PARK REGULATIONS* 381 CHAPTER 12.08. DEDICATION OF RIGHT-OF-WAY 385 CHAPTER 12.12. STREET NAMINGs 389 CHAPTER 12.16. REGULATION OF NEWSRACKSs 392 CHAPTER 12.20. COMPLETE STREETS PRQGRAM 399 Title 13 PUBLIC SERVICES 404 CHAPTER 13.04. UNDERGROUND UTILITY DISTRICTS* 404 CHAPTER 13.08. STORM DRAINAGE PLAN 408 CHAPTER 13.09. ETIWANDA/SAN SEVAINE AREA STORM DRAIN PLAN 411 Title 14 RESERVED 415 Title 15 BUILDINGS AND CONSTRUCTION* 416 CHAPTER 15.04. CODES ADOPTIONS 416 CHAPTER 15.12. BUILDING CODE* 417 CHAPTER 15.14. RESIDENTIAL BUILDING CODE* 422 CHAPTER 15.16. MECHANICAL CODE* 424 CHAPTER 15.20. PLUMBING CODE* 425 CHAPTER 15.24. ELECTRICAL CODE* 427 CHAPTER 15.26. GREEN BUILDING CODE* 427 Page 4 of 496 CHAPTER 15.28. CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS* 428 CHAPTER 15.32. HOUSING CODE* 428 CHAPTER 15.42. EARTHQUAKE HAZARD REDUCTION IN UNREINFORCED MASONRY BUILDINGS* 428 CHAPTER 15.44. PENALTIES AND REMEDIES* 447 Title 16 SUBDIVISIONS* 449 Title 17 DEVELOPMENT CODE* 450 Title 18 RESERVED 451 Title 19 ENVIRONMENTAL PROTECTION* 452 CHAPTER 19.04. GRADING STANDARDS 452 CHAPTER 19.12. FLOODPLAIN MANAGEMENT REGULATIONS* 454 CHAPTER 19.16. RESERVED* 472 CHAPTER 19.20. MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)* 472 ARTICLE I. AUTHORITY, PURPOSE, POLICY AND DEFINITIONS 472 ARTICLE II. GENERAL CONDITIONS AND PROHIBITIONS 478 ARTICLE III. RESIDENTIAL, COMMERCIAL AND INDUSTRIAL REQUIREMENTS 483 ARTICLE IV. INDUSTRIAL AND COMMERCIAL REQUIREMENTS 484 ARTICLE V. CONSTRUCTION REQUIREMENTS 485 ARTICLE VI. ADMINISTRATIVE ENFORCEMENT REMEDIES 488 ARTICLE VII. JUDICIAL ENFORCEMENT REMEDIESK__ 494 ARTICLE VIII. GENERAL CLAUSES 495 ON‘ Page 5 of 496 Title 1 GENERAL PROVISIONS CHAPTER 1.01. CODE ADOPTION 1.01.010. Adoption. Pursuant to the provisions of Government Code §§ 50022.1 through 50022M and 50022.10, Company, Settle, Washington, together with those secondary codes adopted by reference as codes as arc deleted or modified by the provisions of the Rancho Cucamonga Municipal Code. (Code 1980, § 1.01.010; Ord. No. 112, § 1, 1981) Sec. 1.01.020. Title; citation; reference. This Code shall be known as the "Rancho Cucamonga Municipal Code," and it shall be • sufficient to refer to said Code as the "Rancho Cucamonga Municipal Code" in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction, or repealed the-Rancho Cucamonga Municipal Code. Further reference may be had made to the titles, chapter ss colons, and subsections of the Rancho Cucamonga Municipal Code and such references shall apply to that numbered title, chapter, section or subsection as it appears in the Code. (Code 1980, § 1.01.020; Ord. No. 142, § 2, 1981) State law reference-Adoption of Code, Government Cod e §§ 50022.1-50022.8. Sec. 1.01.030. Codification authority. �J This Code consists of an the regulatory and penal ordinances and certain of--t-he administrative ordinances of the City of Rancho Cucamonga, California, codified pursuant to the provisions of Government Code §§ 50022.1-50022,8 and 50022.10. (Code 1980, § 1.01.030; Ord. No..,14,,§ 3, 1981) State law reference-Author tir y of c ty to iecodify code of ordinances, Government Code § 50022.10. • • \� The last ordinance included in this code was Ordinance No. 1 1, pared September 17, 1980: code, arc adopted and made a part of this code: Ordinances Nos. 122, 123, 124, 125, 126, 127, 1 8, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 4¢h (Code 1980, § 1.01.010; Ord. No. 11 , § 1, 1981) Sec. 1.01.050. Reference applies to all amendments. Whenever a reference is made to this Code as the "Rancho Cucamonga Municipal Code," or to any portion thereof, or to any ordinance of the City of Rancho Cucamonga, California, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made. (Code 1980, § 1.01.050; Ord. No. 142 § 5, 1981) State law reference-Similar provision, Government Code § 23(9). Page 6 of 496 Sec. 1.01.060. Title, chapter and section headings. limit, modify or in any manner affect the ccope, meaning or intent of the provicionc of any title, chapter, or cection hereof. The headings of the several titles, chapters, articles and sections of this Code are intended as mere catchwords to indicate the contents of the section, and shall not be deemed or taken to affect the scope, meaning or intent of the provisions of any title, chapter, article or section hereof, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such titles, chapters, articles and sections, including the headings, are amended or reenacted. (Code 1980, § 1.01.060; Ord. No. 142, § 6, 1981) State law reference—Similar provision, Government Code § 23(6). Sec. 1.01.070. Reference to specific ordinances. The provisions of this Code shall not in any manner affect matters of record which refer to, or are otherwise connected with, ordinances which are therein specifically designated by number or otherwise and which are included within the Code, but such reference shall be construed to apply to the corresponding provisions contained within this Code. (Code 1980, § 1.01.070; Ord. No. 142, § 7, 1981) • Sec. 1.01.080. Effect of Code on past actions and obligations. Neither the adoption of this Code nor the repealoramendment hereby of any ordinance or part or portion of any ordinance of the city of Raho C:,onm nc irrnerigft-shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any=license;.fee,,For penalty at said effective date due and unpaid under such ordinances, nor be(construed as affecting any of the provisions of such ordinances relating to the collection of any'such license, fee or penalty, or the penal validity of any bond or cash deposit in lieu thereof;iequied.to be posted, filed, or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. obligations_ (Code 1980, § 1.01.080; Ord. No:44.§ 8, 19,81) Sec. 1.01.090. \ everability. If any section, subsection, sentence, clause, or phrase of this Code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Code. The city council declares that it would have passed this Code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional, and if for any reason this Code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. (Code 1980, § 1.01.090; Ord. No. 142, § 9, 1981) State law reference—Similar provision, Government Code § 23. CHAPTER 1.04. GENERAL PROVISIONS • Sec. 1.04.010. Definitions. The following words and phrases, whenever used in this Code or the ordinances of the city, shall be construed as defined in this section, unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases: Page 7 of 496 fir: City. The term "city" en" eaeh means the City of Rancho Cucamonga, California, or the area within the territorial limits of the city, and, where applicable,such territory outside of the city, over which the city has jurisdiction or control by virtue of any constitutional or statutory provision. Code. The term "Code" means the Rancho Cucamonga Municipal Code. State law reference—Similar provision, Government Code§ 50022.1. P-Council, City council. The term "city council" means the city council of Rancho Cucamonga, California. The term "all its members" or "all councileneamembers" means the total number of councilmembers holding office. C-County. The term "county" means the County of San Bernardino, California. Fire district. The term"fire district" means the Rancho Cucamonga Fire Protection District. D=Law. The term "law" denotes applicable federal law, the Constitution and statutes of the state, this Code and the ordinances of the city and when appropriate, any and all rules and regulations which may be promulgated thereunder. &May. The term "may" is permissive. State law reference—Similar provision, Government Code § 14. &Month. The term"month" means a calendar month°'` • &Must, shall. The terms"must" and "shall" are ea°--, u aaidat , except in reference to acts or omissions of the city or an. or employee of the city, of-Roneha Cucamonga in which cases the terms "must" and 'shall e ch directory only. State law reference—Similar provision, Governmen ode§ ,. &Oath. The term "oath" includes a 1 .affir II. io r •r declaration in all cases in which, by law, an affirmation may be substituted for a oath, d in such cases the terms "swear" and "sworn" shall be equivalent to the • " "affirmed." to : 6. m" and affirmed. State law reference—Similar provi:; t.. -rn..ent Code § 15. .Owner. he term "own e ;_plied to a building or land, includes any part owner, joint owner, tenant in common, j t non', tenant by the entirety, of the whole or a part of such building or land. JPerson. The term "person" includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them. K Personal property. The•term "personal property" includes money, goods, chattels, things in action and evidences of debt. &Preceding, following. The terms "preceding" and "following" mean next before and next after, respectively. #.Property. The term "property" includes real and personal property. NReal property. The term"real property" includes lands, tenements and hereditaments. 0,Sidewalk. The term "sidewalk" means that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians. P-State. The term"state" means the State of California. State law reference—Similar provisions, Government Code§ 18. State statutes. All references to the state statutes shall be to the most recent edition or supplement. Page 8 of 496 Q7Street. The term "street" includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in this city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state. &Tenant, occupant. The terms "tenant" and "occupant," when applied to a building or land, include any person who occupies the whole or a part of such building or land, whether alone or with others. S:Written. The term "written" includes printed, typewritten, mimeographed, multigraphed, or otherwise reproduced in permanent visible form. (Code 1980, § 1.04.010; Ord. No. 116, § 1, 1980;Ord. No. 212, § 1, 1983) State law reference—Definitions and rules of construction of state statutes, Government Code §§ 1-26. Sec. 1.04.020. Title of office. Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the city. (Code 1980, § 1.04.020; Ord. No. 116, § 2, 1980) Sec. 1.04.030. e.Interpretation of language. P g g All words and phrases shall be construed according,"e com n and approved usage of the • language, but technical words and phrases, and such,o er as iris have acquired a peculiar and appropriate meaning in the law, shall be construe• • u rstood according to such peculiar and appropriate meaning. (Code 1980, § 1.04.030; Ord. No. 116, § 3, 1980) Sec. 1.04.040. Grammatical interpretation. is The following grammatical rules shall appl in this Code and the ordinances of the city, unless it is apparent from the conteetat afferent construction is intended: A Gender. Each gender include the masculine, feminine and neuter genders. ,w� State law reference—Similar-i rovi ion,'b vernment Code § 13. BSingular and plural. Th'e: ingular number includes the plural and the plural includes the singular. State law reference—Similar provision, Government Code § 13. GTenses. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable. State law reference—Similar provision, Government Code § 11. (Code 1980, § 1.04.040; Ord. No. 116, § 4, 1980) Sec. 1.04.050. Acts by agents. When an act is required by an ordinance, the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed to include all such acts performed by an authorized agent. (Code 1980, § 1.04.050; Ord. No. 116, § 5, 1980) Sec. 1.04.060. Prohibited acts include causin g and permitting. g. Whenever, in the ordinances of the city, any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission. Page 9 of 496 (Code 1980, § 1.04.060; Ord. No. 116, § 6, 1980) Sec. 1.04.070. Computation of time. Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is Sunday or a holiday, in which case it shall also be excluded. (Code 1980, § 1.04.070; Ord. No. 116 § 7, 1980) State law reference—Similar provisions, Government Code §§ 6707, 6800. Sec. 1.04.080. Construction. The provisions of the ordinances of the city, and all proceedings under them, are to be construed with a view to effect their objectives and to promote justice. (Code 1980, § 1.04.080; Ord. No. 116, § 8, 1980) Sec. 1.04.090. Repeal shall not revive. The repeal of an ordinance shall not repeal the repealing clause of any ordinance or revive any ordinance which has been repealed thereby. (Code 1980, § 1.04.090; Ord. No. 116, § 9, 1980) Sec. 1.04.100. No mandatory duty. • Notwithstanding any other provision of law, no provision of this Code, eor any ordinance of the city, e€-or any code adopted by reference by this odet:e.r,any ordinance of the city, ef-or any resolution of the city council, or of any administrative regulations having the force of law, whether the same was heretofore or is hereafter enacted,■shall be;deemed to create or impose a mandatory duty for or upon the city, any department':-, board`or�commission of the city, or any officer or employee of the city who is acting within the scope\of such office or employment. (Code 1980, § 1.04.100; Ord. No. 212, § 2,1983)) CHAPTER 1.08/ADOPTION OF COUNTY CODE SECTIONS* *State law reference—Authoritylto adopt county ordinances, codes, or any part thereof, and any amendments thereto, Governm ent,Code § 50022.9. ARTICLE I. COUNTY CODE ADOPTED AND AMENDED* *State law reference—Authority to adopt county code and amendments, Government Code § 50022.9. Sec. 1.08.010. County code adopted. • • - . - • The "Codified Ordinances of the County of San Bernardino," also known as the "San Bernardino County Code," as amended, three copies one copy of which county code and all secondary codes referred to therein are on file in the office of the city clerk, is adopted by reference pursuant to the provisions of Government Code § 50022.9, as though set forth in this article in full, subject, however, to the amendments, additions, and deletions set forth in this article. (Code 1980, § 1.08.010; Ord. No. 17, § 1, 1978) Sec. 1.08.020. County code sections deleted. The following sections of the county code are deleted: A. Chapter 8 of division 1 of title 3; B. Chapters 1, 5, 6 and 8 of division 3 of title 6; C. 11.031 through 11.037, inclusive; Page 10 of 496 D. 11.043 through 11.045, inclusive; E. 12.011 through 12.366, inclusive; F. 13.011 through 13.0640, inclusive; G. 14.011 through 14.0112, inclusive; H. 14.021; I. 14.022; J. 14.024; K. 14.025; L. 14.031 through 14.0318, inclusive; M. 14.041 through 14.049, inclusive; N. 14.051 through 14.057, inclusive; G. 15.011; P. 15.012; G 15.021; R. 15.022; S. 17.011 through 17.012, inclusive; T. 18.011 through 18.013, inclusive; . U. 21.011 through 21.019, inclusive; V. 23.0312; -W. 24.0313; X. 24.031; Y. 24.041 through 24.043, inclusive;:✓ Z. 26.021 through 26.024, inclusive; 7NN/ Y AA. 28.031 through 28.035, inclusive; BB. 41.011 through 41.014, inclusive; . CC. 42.050 through 42-0511; DD. 42.0513 through 42.0516; EE. 51.011 through 51.0120, inclusive; • FF. 51.021 through 51.0213, inclusive; GG. 51.031 through 51.0310, inclusive; HH. 61.011 through 61.014, inclusive; II. 61.021 through 61.029C, inclusive; JJ. 61.0210 through 61.0219P, inclusive; KK. 61.0220 through 61.0223, inclusive; LL. Chapter 3, Subdivision Code; MM. Chapter 4, mobilehome parks; NN. 61.0311; and Page 11 of 496 00. 67.011 through 67.045, inclusive. (Code 1980, § 1.08.020; Ord. No. 17, § 2, 1978; Ord. No. 122, § I, 1981; Ord. No. 137, § 1, 1981; Ord. No. 211, §§ 1, 2, 1983; Ord. No. 218, § 1, 1984; Ord. No. 221, § 1, 1984) Sec. 1.08.030. Amendments of code. The following amendments are made to the San Bernardino County Code: A. Whenever the term "auditor" is used in the code, it means the finance director of the city. B. Whenever the term "board of supervisors" or "board" is used in the code, it means the city council. C. Whenever the term "clerk of the board" is used in the code, it means the city clerk. D. Whenever the term "county" or "county of San Bernardino" is used in the code, it means the geographical limits of the city unless a different geographical area is clearly indicated by the context. E. Whenever the term "county," "County of San Bernardino," or "unincorporated territory of the county of San Bernardino" is used in the code, it means the city. F. Whenever the term "county administrative officer" is used in the code, it means the city manager. G. Whenever the term "county counsel" is used in the code, it means the city attorney. \?'"H. Whenever the term "county fire warden" is usecLinthe code, it means the fire chief of the city. I. Whenever the term "county offices" is used in the code, it means the city offices. J. The term "department" as used in chapter 2_of division 3 of title 3 of the San Bernardino County Code, means the city manager of'�tt/he City of Rancho Cucamonga. K. Whenever the term "sheri�\ usedin the code, it means the chief of police of the city. (Code 1980, § 1.08.030; Ord. No. 17, §-3\1978;_Ord. No. 135, § 4, 1981) Sec. 1.08.040. Fees and permits amended. A. All permit fees, license ense fees,taxes, and other fees and charges of whatever nature provided for in the county code \ . - -• • shall be collected by and shall belong to the city, and all licenses and permits referred to in the county code shall be issued, in the discretion of the appropriate official, by the city, except as expressly provided in this chapter. B. The permits referred to in the following sections of the San Bernardino county code shall be issued by the county officer or department referred to in the county code, and all permit fees payable under the following sections of the county code shall be paid to and collected by the county official or department. The sections of the county code are: 1. Sectiona 31.031 through 31.038, inclusive; 2. Section 34.014; 3. Section 34.022; 4. Section 34.065; 5. Section 35.031; 6. Section 35.033; 7. Section 35.034; 8. Seetion-36.018; and • Page 12 of 496 9. Section-36.032. (Code 1980, § L08.040; Ord. No 17, § 4, 1978) The city council finds that the San Bernardino County Code contains no general plan applicable to the city. Pending adoption of a general plan, the provisions of Government Code § 65302.5 ..l...11 ....ply (Code 1980, § 1.08.050; Ord. No. 17, § 6, 1978) Sec. 1.08.060. Conflicting provisions. In the event of conflict between any provision of the San Bernardino county code adopted by reference in this chapter, article, and the provisions of any other ordinance of the city, the provisions of such other ordinance shall be controlling. (Code 1980, § 1.08.060; Ord. No. 17, § 7, 1978) • State law reference—Safety element of general plan, Government Code § 65302.5. Sec. 1.08.070. Violation; Penalty. A. No person shall violate any provision or fail to comply with any of the requirements of this chapter,article, the provisions of the San Bernardin county- doe e)adopted herein by reference, or any secondary code referred to therein. Any persori la ng ny of the provisions or failing to comply with any of the mandatory requirements of this'chapter article, the provisions of the San Bernardino county code adopted herein by reference or‘ally secondary code referred to therein, shall be guilty of a misdemeanor, and, upon conviction;shall be punishable by fine of not more five �i than ve hundred dollars, or by imprisonment for period not exceeding six months, or by both day during any portion of which the v olati n\of any provision is committed, continued or permitted by such person, and shall he punishable accordingly as provided in county code section 11.0206. B. In addition to the penalties,provided in subsection A of this section above, any condition caused or permitted to existin}violation of this chapter article, the provisions of the ;� Bernardino county code adopted:herein by reference, or any secondary code referred to therein, which is declared to be a public nuisance, shall be deemed to be a continuing violation. Any such public nuisance may be summarily abated by the city. (Code 1980, § L08.070; Ord. No. 17, § 5, 1978) ARTICLE II. (RESERVED) rz Sections 2 .011 through Section 22.020, inclusive, of the county Code, heretofore adopted by reference by Article I of thin chapter, are repealed. (Code 1980, § 1.08.080; Ord. No. 60, § 5, 1979) ARTICLE III. (RESERVED) ARTICLE IV. (RESERVED)* *Editor's note—Ord. No. 832, § 1, August 18, 2010, repealed ch. 1.08, art. IV, §§ 1.08.100, 1.08.110, and 1.08.120 in its entirety. Prior to amendment, ch. 1.08, art. IV, pertained to weed abatement and derived from Ord. No. 20-A, § 4 (part), 1997). Page 13 of 496 ARTICLE V. SIGNS Sec. 1.08.140. Code sections repealed. • The following sections of the bounty code dealing specifically with sign regulations and which were adopted by the city council by reference under this chapter 1.08, are repealed: A. 61.022. B. 61.024A(a)(5)(L). C. 61.024A(b)(7). D. 61.024D(a)(3)(B). E. 61.024E(a)(4)(H). F_61.024E(d). G. 61.024F(d). H. 61.025A(b)(17). I. 61.025B(b)(11). ^' J. 61.026(f). K. 61.026A(c)(3). ,r L. 61.027 ( ( ). M. 61.027B(b)(2)(I). -N. 61.027C(b)(2)(A),(K). O. 61.027C(M). P. 61.028(b)(3). ThaiSf: Q. 61.029B(c)(5). 4111k R. 61.029C(I). S_61.0214A(d). • T. 61.0219(j). (Code 1980, § 1.08.140; Ord. No. 65, § 8.0, 1979) ARTICLE VI. (RESERVED) • ARTICLE VII. PYRAMIDAL ZONING Sec. 1.08.200. Subsections repealed. St4 Sections 61.024E(a)(41(G), 61.024E(b), 61.026(b)(1), 61.026(b)(13) of the San Bernardino county code are repealed. (Code 1980, § 1.08.200; Ord. No. 76, § 3, 1979) CHAPTER 1.12. PENALTIES, ADMINISTRATIVE AND CIVIL REMEDIES AND GENERAL PROVISIONS Sec. 1.12.010. Penalties and general provisions. A. No person shall violate or fail to comply with any provision or requirement of this Code or . any other city ordinance. Any person who shall violate or fail to comply with any provision or Page 14 of 496 requirement of this Code or any other city ordinance, or a condition of any permit issued pursuant to this Code or any other city ordinance, shall be guilty of a misdemeanor, unless: 1.(-l4Such a violation or failure is designated as an infraction or is subsequently prosecuted as an infraction, in which case such person shall be guilty of an infraction; or 2423Such a violation or failure is prosecuted as a civil administrative action pursuant to this chapter. Any person, business, organization, corporation or other entity that fails to pay an administrative fine or to comply with an administrative order is guilty of a misdemeanor as provided in this chapter. B. Any violation of any provision of this Code or any other city ordinance may be prosecuted as a misdemeanor unless otherwise provided in the Code, as an infraction, or as a civil administrative action in the discretion of the city attorney or city prosecutor after consultation with the city manager. C. Every day any violation of this Code or any other city ordinance shall continue shall constitute a separate offense. D. Unless otherwise specifically provided in this Code or by the city council, any person guilty of a misdemeanor for violation of a provision of this Code shall be punished by a fine of not more than $1,000.00 one thousand dollars for each violation or offense, or by imprisonment for a period of not more than six months, or by loth such fine and imprisonment. E. Unless otherwise provided by law, any personwho>has'committed an infraction shall be punished for a first violation by a fine not exceeding\$100.00 one hundred dollars, and for committing the same offense a second time within one year by a fine not exceeding $200.00 two hundred dollars, and for committing the same offense a"thii'd or any subsequent time within one year, by a fine not exceeding $500.00 five,h`d e dollars. Notwithstanding the foregoing, any person who has been convicted of violating any provision of a building and safety code of the city, or failing to comply with any of the requiS ments thereof, where such violation or failure is deemed to be an infraction, is punishable for-a first violation by a fine not exceeding $100.00 one hundred dollars, and for committing the same offense a second time within one year by a fine not exceeding $500.00 five hundred dollars, and forco ' mitting the same offense a third or any subsequent time within one year, by a fine not ceeding$1,000.00-one thousand dollar . r F. Notwithstanding anyother provision of this Code, when a person under 18 eighteen years of age is charged with a violation of this Code, and such person is issued a notice to appear in a traffic court of competent jurisdiction as a result thereof, the charge shall be deemed to be an infraction unless the minor requests that a petition be filed pursuant to section 601 or 602 of the Welfare and Institutions Code. ' G. The violation of any of the provisions of this 'Code or.any city ordinance constitutes 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. H. The city council declares that, should any provision, section, paragraph, sentence or word of this Code or city ordinance be rendered or declared invalid by any final court action by a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Code and such ordinance shall remain in full force and effect. (Code 1980, § 1.12.010; Ord. No. 779, § 2(part), 2007) State law reference—Penalty, Government Code §§ 36900, 36901; administrative fines, Government Code § 53069.4. Page 15 of 496 Sec. 1.12.020. Mandatory appearance required. Whenever any person is arrested for any violation of this Code, the arrested person shall be taken without unnecessary delay before a magistrate who has jurisdiction over the offense and is nearest or most accessible with reference to the place where the arrest is made, when the person arrested: A. Fails to present a driver's license or other satisfactory evidence of identity for examination; B. Refuses to give a written promise to appear in court; C. Demands an immediate appearance before a magistrate. (Code 1980, § 1.12.020; Ord. No. 779, § 2(part), 2007) State law reference—Procedure and notice to appear, Penal Code § 853.6. Sec. 1.12.030. Arrests and citations. A. Pursuant to the provisions of state law, the city officers or employees designated by the city manager to make misdemeanor arrests may issue citations and make arrests without a warrant whenever they have reasonable cause to believe that the person who is either arrested or to whom a citation is issued has committed an infraction or misdemeanor violation of this Code, or violation of any condition of any permit issued pursuant to=tisCode)or violation of any other city ordinance or state statute which such officers or employees havesthe duty to enforce, and the violation has been committed in the presence of such officers or employees. . 13. Arrests for misdemeanors and citations for infractions shall be processed, issued and handled as provided by state law. C. In any case in which a person is arrested-pursuant to this authority and the person arrested does not demand to be taken before magistrate, the officer or employee making the arrest shall prepare a written notice to appear and release the person on his or her promise to appear, as prescribed by chapter 5(c) comm neing with section 853.5, of the Penal Code § 853.5 et seq.. ��—' • D. The officers and emplos identified in subsection A of this section and any other persons designated to do so by,the city manager shall have the concurrent authority to issue administrative citations. AlY (Code 1980, § 1.12.030; Ord. No. 779, § 2(part), 2007) Sec. 1.12.040. Administrative penalties. In addition to, or in place of, any other remedy which is allowed by law, whether administrative, criminal, civil, or equitable, there is established an administrative penalty that may be imposed in connection with any violation of this Code. The city attorney or city prosecutor shall have sole discretion to determine whether a violation will be prosecuted criminally. (Code 1980, § 1.12.040; Ord. No. 779, § 2(part), 2007) State law reference—Administrative fines and penalties, Government Code § 53069.4. Sec. 1.12.050. Definitions. The following words and phrases, when used in the context of this chapter, shall have the following meanings: Building official means the building and safety official of the city of Rancho Cucamonga, or the building official's designee. • Page 16 of 496 Citing official means any officer or employee authorized by the city manager to issue citations, and subject to section 1.12.030 of this chapter. City clerk means the city clerk of the city of Rancho Cucamonga, or the city clerk's designee. The term "city clerk" also means any official or department of the city designated by the city manager to perform functions of the city clerk specified in this chapter. City manager means the city manager of the city of Rancho Cucamonga, or the city manager's designee. Legal interest means any ownership interest of any person in real property as evidenced by title or ownership documents or instruments which have been recorded with the county recorder's office or which are on file with, or in possession of, any other governmental entity. The term "legal interest" shall also include the property interest of lessees or tenants of real property, as well as all sublessors thereof. "Person" meant;any natural person, busineoo, organization, corporation or other entity. Responsible person means any natural person, business, organization, corporation, or other entity determined by a citing official to be responsible for causing, maintaining, permitting, or allowing a violation of this Code. The term "responsible personncludes, but is not limited to, any person, business, organization, corporation, or other entity having an ownership or possessory interest in property, or any agent thereof with actual or apparent-authority, possession, or control of property, as well as any other person, business, organization, corporation or other entity that . creates, permits, or allows a violation of this Code to occur•o maintained. (Code 1980, § 1.12.050; Ord. No. 779, § 2(part), 2007) Sec. 1.12.060. Administrative citation. Any person violating or who has violated\any-section of this Code that is subject to this ■ chapter may be issued an administrative•citation by a citing official as provided in this chapter. \\ (Code 1980, § 1.12.O60; Ord. No. 779, § 2(part), 2007) Sec. 1.12.070. Content of administrative citation. An administrative citation shall hall contain all of the following information: A. The date and location'of the violation and the approximate time the violation occurred or was detected; \> B. The Code section violated and a description of the violation; C. The amount of the fine imposed for the violation, and the time within which and the place at which the fine shall be paid; D. An order prohibiting another occurrence of the Code violation; • E. A description of the administrative citation review process, including the time within which to contest the administrative citation and the place from which to obtain a request for hearing form to contest the administrative citation; F. The name and signature of the citing official. (Code 1980, § 1.12.070; Ord. No. 779, § 2(part), 2007) Sec. 1.12.080. Procedure for serving administrative citation, compliance order and notice. Except as provided below or elsewhere in this chapter, the citing official shall issue an administrative citation on a form approved by the city manager, and shall serve a compliance Page 17 of 496 order or any permitted or required notice on a responsible person in accordance with the following methods: A. Personal service. The citing official may issue the administrative citation or serve a compliance order or notice by personal delivery thereof to a responsible person. The citing official shall attempt to obtain on the administrative citation or compliance order the signature of the responsible person. If the responsible person or person served refuses or fails to sign the administrative citation or compliance order, the failure or refusal to sign shall not affect the validity of the citation, the compliance order, or of subsequent proceedings. Service shall be deemed effective on the date of delivery. B. Mail. The citing official may mail the administrative citation, compliance order or notice to the responsible person by registered mail, or by prepaid first class mail, provided a proof of mailing has been obtained. Service shall be deemed effective on the date of mailing. C. Posting. If the citing official does not succeed in serving the responsible party personally or by mail pursuant to subsection B of this section,adieu,the citing official shall post the administrative citation or compliance order on any real property within the city in which the responsible person has a legal interest and, whe .Soposted, shall be deemed effective service as of that date. D. 'Publication. If the citing official does not succ•. • in gervin the responsible person with the administrative citation, personally, by by sting, in accordance with this section, the citing official shall cause the . ii in 1 ative citation to be published once a week for four successive weeks in a loc. new ,e •ublished, in English, at least once a week. Service shall be deemed effective .on the final date of publication. (Code 1980, § 1.12.080; Ord. No. 779, § 2(part) Pr' Sec. 1.12.090. Administrative fine. A. For any violation of this;•C... dame. to be an infraction and for which there is no specific administrative penalty es'' a i-_1 !,,.,„",, this Code, by the city council, or otherwise set forth in an adopted administrativ l`. .:che I ule, the fine shall be in the amount of $100.00 one for a first vi do ; '.2 i`i.00 for a second violation of the same provision of this Code within 12-month period; and $500.00 five hu aree dollar~ for each additional violation of the sam rovision of this Code within a 12-month period; provided, however, that said fines shall be increased to $100.0 , $500.00ndred dollars, and $1.000.0 , respectively, where the infraction is a violation of a building and safety code of the city. B. •For any violation of this Code deemed to be a misdemeanor, the administrative fine shall not exceed $1.000.0 . Q. Administrative fines assessed pursuant to an administrative citation are a debt owed to the city. (Code 1980, § 1.12.090;Ord. No. 779, § 2(part), 2007) Sec. 1.12.100. Payment of administrative fine. The fine imposed pursuant to this chapter for a particular violation, and for any subsequent violation of the same code section, shall be in the amount set forth in section 1.12.090, an adopted administrative penalty schedule, or otherwise as established by resolution of the city council. The administrative fine shall be paid to the finance department within twenty-3Q days from the date of service of the administrative citation. If, after a hearing requested pursuant to this chapter, the Page 18 of 4% administrative hearing officer determines that the administrative citation should be cancelled, the administrative fine shall be refunded in accordance with the provisions of this chapter. (Code 1980, § 1.12.100; Ord. No. 779, § 2(part), 2007) Sec. 1.12.110. Request for administrative hearing. A. Any responsible person to whom an administrative citation is issued may contest the citation by 1.(-13Completing a request for hearing form and returning it to the office of the city clerk; and 2.(3)Either depositing the administrative fine with the finance department or providing notice that a request for an advance deposit hardship waiver has been filed pursuant to this chapter. A request for hearing form may be obtained from the office of the city clerk. The finance department shall provide the responsible person with a receipt unless a hardship waiver has been requested. B. Any responsible person desiring an administrative hearing shall file with the office of the city clerk a completed request for hearing form and the administrative fine or completed hardship waiver form pursuant to this chapter within 20 twenty—days from the date of service of the administrative citation. In the event of any dispute as to the date of filing, the date indicated on a file stamped copy in the office of the city clerk or a city clerk-file stamped copy in the possession of the responsible party shall control. The responsible person's failure to file the request for hearing form and the fine or hardship waiver form within 20 twenty days of the date of service of the administrative citation shall constitute a waiver of the,rght to a hearing. C. The person requesting the hearing shall be served notice of the time and place of the hearing at least ten days before the date of the hearing. Any documentation, other than the administrative citation the citing official has'submrttedoo°r will submit to the hearing officer, shall be served on the person requesting the hearing personally or by mail in the manner described in section 1.12.080, at least five days before the date of the hearing. (Code 1980, § 1.12.110: Ord. No. 779, § (part), 2007)-- Sec. 1.12.120. Advance deposit-hardship waiver. lC 1) \\y A. Any responsible person/who requests an administrative hearing and who is financially unable to deposit the administrative fine as provided in this chapter may file a request for an advance deposit hardship waiveryThe request shall be filed with the finance department on an advance deposit hardship waiver application form, available from the finance department, no later than 20 twenty days after service of the administrative citation. The responsible person's failure to file a completed form, with all supporting documents, within 20 twenty days after service of the administrative citation shall constitute a waiver of the right to receive a hardship waiver:In the event of any dispute as to the date of filing, the date indicated on a file stamped copy in the finance department or a finance department-file stamped copy in possession of the responsible party shall control. B. An advance deposit hardship waiver may be granted only if the person requesting the waiver submits a sworn affidavit, together with any supporting documents, demonstrating, to the satisfaction of the finance department, the person's financial inability to deposit with the city the full amount of the fine in advance of the hearing. The finance department shall issue a written decision specifying the reasons for issuing or not issuing the waiver. The decision shall be served upon the person requesting the waiver by mail in the manner described in section 1.12.080. The decision shall be deemed served on the date of mailing. If the finance department determines that the waiver is not warranted, the person shall remit the full amount of the fine within ten days of service of the finance department's written decision. The finance department's decision whether to issue a hardship waiver shall be final. • Page 19 of 496 (Code 1980, § 1.12.120; Ord. No. 779, § 2(part), 2007) Sec. 1.12.130. Time for administrative hearing. Only after a request for hearing form is received by the office of the city clerk within the required period, and the responsible person requesting the hearing has either deposited the administrative fine in full or obtained an advance deposit hardship waiver (referred to hereinafter as a "perfected appeal"), shall the city clerk set the date and time for the administrative hearing. The hearing shall be set for a date not less than 15 fifteen days nor more than 60 cixty days after an appeal becomes a perfected appeal. The city clerk shall personally serve, or serve by mail, notice of the date, time, and place of the hearing to the person requesting the hearing, at least ten days before the date of the hearing. (Code 1980, § 1.12.130; Ord. No. 779, § 2(part), 2007) Sec. 1.12.140. Request for continuance of hearing. The responsible person requesting a hearing may request one continuance, and the city may continue the hearing on its own initiative, but in no event shall the hearing begin later than 90 ninety days after the date the appeal becomes a perfected appeal. (Code 1980, § 1.12.140; Ord. No. 779, § 2(part), 2007) Sec. 1.12.150. Appointment of administrative hearing:officer. • The city manager shall establish procedures fo\th selection of administrative hearing officers. In no event, however, shall the same person who issued the administrative citation, or any person who has been adverse to the recipient of the eitation•-in any other legal or administrative proceeding, be the administrative hearing officer. Y (Code 1980, § 1.12.150; Ord. No. 779, § 2(part), 2007)- Sec. 1.12.160. Procedures at administ�tive hearing. Administrative hearings are informal, rules of evidence and discovery do not apply. Each party shall have the4portunity to present evidence in support of that party's case ice and to cross-examine witnesses.—The\.city hears the burden of proof at an administrative hearing to establish a violation of this,„Code Administrative citations, compliance orders and any additional reports submitted by the citing official shall constitute prima facie evidence of the facts contained . in those documents. The administrative hearing officer shall use preponderance of evidence as the standard of review in deciding the'issues. (Code 1980, § 1.12.160; Ord. No. 779. § 2(part), 2007) Sec. 1.12.170. Failure to attend administrative hearing. If the responsible person fails to attend the scheduled hearing, the hearing will proceed without the responsible person, and the responsible person will be deemed to have waived the right to an administrative hearing. (Code 1980, § 1.12.170; Ord. No. 779, § 2(part), 2007) Sec. 1.12.180. Decision of administrative hearing officer. A.(A) The administrative hearing officer shall issue a written decision entitled "Administrative Order" no later than 30 thirty days after the date on which the administrative hearing concludes. The administrative order shall include the administrative hearing officer's written decision to uphold or cancel the administrative citation. The decision shall set forth the reasons for the decision. If the administrative hearing officer upholds the administrative citation, the city shall retain the fine deposited by the responsible person. Page 20 of 496 B.(B) If the administrative hearing officer upholds the administrative citation and the fine has not been deposited pursuant to an advance deposit hardship waiver, the administrative hearing officer shall specify in the decision a payment schedule for the fine. If the administrative hearing officer cancels the administrative citation, any fine deposited with the city shall be promptly refunded. The administrative order shall be served upon the responsible person, personally or by mail consistent with section 1.12.080. Service shall be deemed effective on the date of personal service or mailing. The administrative order shall become final on the date of service, and shall notify the responsible person of the right to appeal as provided in this chapter. (Code 1980, § 1.12.180; Ord. No. 779, § 2(part), 2007) Sec. 1.12.190. Late payment charges. Any person who fails to pay to the city, on or before the due date, any administrative fine imposed pursuant to the provisions of this chapter, shall be liable for the payment of the administrative fine plus applicable late payment charges as follows: A. For payments received within 90 ninety days after the due date, a late fee in the amount of 50€tfty-percent of administrative fine due; B. For payments received more than 90 ninety days after the due date, a late fee in the amount of 100 one hundred percent of the overdue a��� t fine. ne. (Code 1980, § 1.12.190; Ord. No. 779, § 2(part), 2007) • Sec. 1.12.200. Collection of administrative fine. The city may collect any past-due administrate ev fine late payment charges by use of any ft available legal means, including the lien procedure set forth in on.this chapter. (Code 1980, § 1.12.200; Ord. No. 779, § 2(part , 2007V\�� ) \\V" Sec. 1.12.210. Appeal of decision of administrative hearing officer. Within 20 twenty-days after service of the decision of the administrative hearing officer upon the responsible person, the responsible\person may seek de novo review of the decision by filing a t__ oii' notice of appeal with the San Bernardino county superior court. The responsible person shall serve upon the office of the city cl rk, eithe in person or by registered mail, a copy of the notice of appeal. If the responsible person'fails to timely file a notice of appeal, the administrative hearing officer's decision shall be deemed confirmed. Y (Code 1980, § 1.12.210; Ord. No. 779, § 2(part), 2007) State law reference—Appeal of final administrative order or decision, Government Code § 53069.4(b). Sec. 1.12.220. Appeal fee. The responsible person seeking review of an administrative order must pay a fee of $25.00 twenty f e aonaro or such other fee as may be established, to the San Bernardino county superior court. In the event that the court finds in favor of the responsible person, the city will refund this fee to the responsible person. (Code 1980, § 1.12.220; Ord. No. 779, § 2(part), 2007) State law reference—Appeal fee, Government Code § 53069.4(b)(2). Sec. 1.12.230. Failure to comply with administrative order or pay administrative fine. Failure to comply with an administrative order after it becomes final, or to pay an administrative fine or late payment charge, is a misdemeanor. Filing a criminal misdemeanor action does not preclude the city from using any other legal remedy available to gain compliance with an administrative order, or to collect any past-due administrative fine or late payment charges. Page 21 of 496 (Code 1980, § 1.12.230; Ord. No. 779, § 2(part), 2007) Sec. 1.12.240. Remedies cumulative. The conviction and punishment of any person for failure to comply with the provisions of this chapter shall not relieve such person from paying any tax, fee, penalty, or interest due and unpaid at the time of such conviction, nor shall payment prevent a criminal prosecution or imposition of a civil or administrative penalty for the violation of any of the provisions of this chapter. All remedies shall be cumulative, and the use of any one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter. (Code 1980, § 1.12.240; Ord. No. 779, § 2(part), 2007) Sec. 1.12.250. Administrative penalties: continuing violations; compliance orders. The administrative remedy provided in this chapter for any continuing violation of this Code related to building, plumbing, electrical, mechanical or similar structural or zoning issues, that does not create an immediate danger to health or safety, may be exercised in place of, or in addition to, any other remedy which is allowed by law, whether administrative, criminal, civil, or equitable. If a violation is not prosecuted criminally, the city may proceed with civil or administrative proceedings pursuant to this chapter. (Code 1980, § 1.12.250; Ord. No. 779, § 2(part), 2007) State law reference—Similar provisions, Government Code §53069.4(a)(2). Sec. 1.12.260. Compliance order. Whenever the citing official determines that there exists a continuing violation of any provision of this Code related to building, plumbing, electrical, mechanical or similar structural or zoning issues, that does not create an immediate\dangerrto health or safety, the citing official shall z \ 1 issue or cause to be issued a written compliance order to any responsible person, and such order shall be served by the citing official as provided iri this chapter. (Code 1980, § 1.12.260; Ord. No. 779, §,2(p-art),2007) A\an 1 --_ Sec. 1.12.270. Content of compliance-order. r\� N\ A compliance order shall contain al16f the following information: A. The date and location of the violation and the approximate time the violation occurred; B. The code section violated d a description of the violation; C. The action required to correct the violation and the date by which such action must be completed. Except as otherwise provided in this section, the date for compliance shall not be less than 48 forty eight hours from.the date the compliance order is served; D. The consequences of failing to correct the violation, including a description of the administrative hearing procedure and appeal process; E. The time period after which administrative fines will begin to accrue if there is not full compliance with the order; .F. The amount of the fine that will be imposed if there is not full compliance with the order; G. The name and signature of the citing official. (Code 1980, § 1.12.270; Ord. No. 779, § 2(part), 2007; Ord. No. 855, § 4(attach. 4), 8-1-2012) Page 22 of 496 Sec. 1.12.280. Compliance order satisfied. A. If the citing official determines that all violations specified in the compliance order have been corrected within the time set forth in the order, no further action shall be taken against the responsible person regarding the violations. B. When a compliance order is issued, if the responsible person provides written notice that the violation has been corrected, and if the citing official finds compliance, the citing official shall deem the date the written notice was postmarked or personally delivered to the citing official to be the date the violation was corrected. If, however, a final inspection confirms compliance before mailing or personal delivery of a written notice, or if no written_notice is provided, the date of final inspection shall be the date the violation was corrected. (Code 1980, § 1.12.280; Ord. No. 779, § 2(part), 2007) Sec. 1.12.290. Failure to comply; administrative citation. • If the responsible person fails to fully comply with the compliance order within the time specified therein, the citing official may issue an administrative citation as provided in this chapter. The issuance of the administrative citation does not obviate the responsible person's obligation to fully comply with the compliance order. (Code 1980, § 1.12290; Ord. No. 779, § 2(part), 2007) Sec. 1.12.300. Decision of administrative hearing officer following appeal. A. If an administrative citation is appealed by the responsible person and an administrative hearing is held as provided in this chapter, the an dm`i in str ative,hearing officer shall issue a written decision entitled "Administrative Order" no later than 30 thirty days after the date on which the administrative hearing concludes. The administra�tive hearing officer shall make findings within the administrative order regarding the existence of_the violation(s) specified in the compliance order, and regarding whether the responsible person took the required corrective action within the time period set forth in the compliance\o?d'` Iff the administrative hearing officer concludes that the violation continues to exist, the�ministrative order shall set forth a schedule for correction. If the administrative hearing officer determines that the,violation(s) set forth in the compliance order did not exist, or that the violation(s) was (were)timely corrected, all proceedings regarding the violations) shall immediately cease and the administrative citations shall be canceled. If the administrative hearing officer cancels the administrative citation, any fine deposited with the city shall be promptly refunded. The administrative order shall be served upon the responsible person personally or by mail consistent with section 1.12.080. Service shall be deemed effective on the • date of personal service or mailing. B. The administrative order shall impose administrative fines and costs as provided in this chapter. C. The administrative order shall become final on the date of service, and shall notify the responsible person of the right to appeal as provided in this chapter. The administrative order shall set a deadline for compliance with its terms in the event that the responsible person fails to file an appeal. (Code 1980, § 1.12.300; Ord. No. 779, § 2(part), 2007) Sec. 1.12.310. Administrative costs. The administrative hearing officer shall assess against the responsible person administrative costs for any violation found to exist, or for any violation which was not timely corrected. The administrative costs include any and all costs incurred by the city in connection with prosecuting the violation, including, but not limited to, costs of investigation, staffing costs in preparation for the administrative hearing and for the hearing itself, attorneys' fees and costs and coot° for all Page 23 of 496 inspections necessary to enforce the compliance order and the administrative order. The administrative order shall specify the date by which the costs must be paid to the city. (Code 1980, § 1.12.310; Ord. No. 779, § 2(part), 2007) Sec. 1.12.320. Collection of administrative fines and costs; lien procedure. A. If the responsible person fails to satisfy in full any assessed administrative fines and costs in a timely manner as prescribed in this chapter, and has either failed to appeal or unsuccessfully appealed the assessment, the city may recover the outstanding fines and costs by imposing a lien against the real property on which the violation occurred. B. Prior to recording the lien with the S° B ' ne-county recorder's office, the city council or its designee shall conduct a hearing to hear any protest or objection to the lien. The citing official shall serve notice of the hearing upon the owner of record of the real property, based on the last equalized assessment roll or the supplemental roll, whichever is more current. The notice of hearing shall include the time, date, and place of the hearing, and shall be served upon the owner of record by certified mail, return requested, and by first class mail, at least ten days before the date of the hearing. If the owner of record, after diligent search, cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and by publication of the notice at leastften days prior to the hearing in a newspaper of general circulation published in San Bernardino county and distributed within the city. C. If the city council or its designee determines that the lien should be imposed, then the citing official shall prepare and file with the finance'depar?m nt a report stating the amount due and owing. (\ � Y D. After the report is filed with the financeedepartment, the citing official may cause the lien to be recorded with the county recorder. Once recorded, the lien shall have the force and effect and priority of a judgment lien. \\ E. The remedies set forth ineth s,sectibn'£re not exclusive and may be used in addition to those set forth elsewhere in this Code or-in_state law. The city may collect any past-due fines and costs by use of any available egal-means. (Code 1980, § 1.12.320; Ord. No'7i 2(part), 2007) CHAPTER 1.16. ESTABLISHMENT OF FEES Sec. 1.16.010. Fees establishment. • • The city council may from time to time, by resolution, establish fees for the following: • A' Building permits; B. Plan checking; C. Code inspection of a structure to be moved; D. Additional fees for improper occupation; E. Hazardous and unsafe commercial buildings; F. Mechanical permits; G. Electrical permits; H. Plumbing permits; • I. Sign permits; J. Community beautification; • Page 24 of 496 K. Processing applications affecting zoning laws; L. Fees, bonds and deposits; NI. Mobilehome/recreational vehicle parks; N. Lot line adjustments, lot splits, minor subdivisions; G. General plan amendments; P. Specific plan; Q. Environmental impact reports; • R. Miscellaneous; S. Permit fee for swimming pools; T. House moving and transportation deposit; U. Grading permit and plan check fees; V. Repair or emergency work by city; W. Cost of living increase. (Code 1980, § 1.16.010; Ord. No. 29, § 1, 1978; Ord. No. 32, § 1, 1978 Sec. 1.16.020. County code fees superseded. The fees established by resolution of the city councilEder the authority of this chapter, shall supersede all fees of a like nature which are contained\\n the San Bernardino county code heretofore adopted by reference by the city. ) (Code 1980, § 1.16.020; Ord. No. 32, § 2, 1978) • • Page 25 of 496 Title 2 ADMINISTRATION AND PERSONNEL* *State law reference—City manager form of government, Government Code § 34851 et seq.; personnel, Government Code § 45000 et seq. • CHAPTER 2.04. PERSONNEL ADMINISTRATION SYSTEM* *State law reference—Personnel, Government Code § 45000 et seq. Sec. 2.04.010. Personnel system development; city manager implementation authority. The city manager is delegated the following powers, authority and/or duties: A. To develop, adopt, review, revise and readopt a position classification plan encompassing all categories of appointed city employees; . B. To develop, adopt, review, revise and readopt comprehensive personnel rules, forms and procedures governing the details of all personnel administration and management • encompassing all categories of appointed city employees; C. To develop, review, revise, survey and to recommend to the city for its adoption a salary plan encompassing all categories of appointed city employees and to administer such plan after adoption by the city council; D. To act as city personnel officer and to have thetauthority_to delegate such duties inherent therein to a management employee as he shall`deem appropriate, in whole or in part, by issuance of appropriate administrative �de \ rs �* E. To keep the city council informed of changes affecting major personnel policy, the city employee force or personnel impacts:on the community; F. To determine the pay of designated management employees within minimums and maximums as set by council resolution; provided, however, any such pay change for any such management employee-is repocted'to the city council in executive session;together with the reasons why such pay—adjustment is to be made and how such individual employee's personal performance and qualifications warrant such pay rate change. !V 1) V> (Code 1980, § 2.04.010: Ord. No. 110,1 1, 1980) State law reference—City manager may appoint and dismiss appointive subordinate officers and employees except city attorney, Government Code § 34856: authority of legislative body of city to appoint personnel officer and delegate powers and duties in relation to system, Government Code § 45004. . Sec. 2.04.020. System coverage; exceptions. • The city manager.shall be covered by the rules and regulations as they may apply to perquisites, fringe benefits and working conditions, except that the city council may enter into an employment agreement with the city manager to expand, clarify, supplement, define and restrict such benefits as it shall deem appropriate, including, but not limited to, the following: A. Termination pay; • B. Personal use of city vehicle; C. City-paid deferred compensation at a percentage of base pay greater than that provided to other management employees; D. Additional sick leave, vacation and conference attendance; E. Revised working hours in recognition of the exigencies of the position; F. Meritorious and longevity pay and bonuses; Page 26 of 496 G. Supplemental retirement benefits; and H. Other benefits and perquisites peculiar to the office of the city manager. (Code 1980, § 2M4.020; Ord. No. 110, § 2, 1980) CHAPTER 2.08. CITY MANAGER* *State law reference—City manager form of government, Government Code § 34851 et seq. Sec. 2.08.010. Office created. The office of the city manager is created and established. The city manager shall be appointed by the city council wholly on the basis of his administrative and executive ability and qualifications and shall hold office for and during the pleasure of the city council. (Code 1980, § 2.08.010; Ord. No. 2, § 1, 1977) Sec. 2.08.020. Residence requirement. • Residence in the city at the time of appointment of a city manager shall not be required as a condition of appointment, but within 180 en '-••na••eel eigh4y days after reporting for work the city manager must become a resident of the city unless the city council approves his residence outside the city. a (Code 1980, § 2.08.020; Ord. No. 2, §.2, 1977) • Sec. 2.08.030. Eligibility. No member of the city council shall be eligible`for appointment as city manager until one year has elapsed after such councilmember shall have Ceaseddto he a member of the city council. (Code 1980, § 2.08.030; Ord. No. 2, § 3, 1977) Sec. 2.08.040. Bond. The city manager and acting„city manager shall furnish a corporate surety bond to be approved by the city council in such sum as may be determined by the city council, and shall be it_ ; conditioned upon the faithful performance-of the duties imposed upon the city manager and acting b � �� city manager as prescribed in this chapter. Any premium for such bond shall be a proper charge against the city. (Code 1980, § 2.08.040; Ord. No. 2, § 4;1977) State law reference—Bond of city officers and employees generally, Government Code § 36518 et seq. Sec. 2.08.050. Acting city manager. The assistant city manager shall serve as manager pro tempore during any temporary absence or disability of the city manager. In the event there is no assistant city manager, the city manager, by filing a written notice with the city clerk, shall designate a qualified city employee to exercise the powers and perform the duties of city manager during his temporary absence or disability. In the event the city manager's absence or disability extends over a two-month period, the city council may, after the two-month period, appoint an acting city manager. (Code 1980, § 2.08.050; Ord. No. 2, § 5, 1977) Sec. 2.08.060. Compensation. A. The city manager shall receive such compensation as the city council shall from time to time determine. In addition, the city manager shall be reimbursed for all actual and necessary expenses incurred by him in the performance of his official duties. B. On termination of employment of the city manager by reason of involuntary removal from service other than for willful misconduct in office, the city manager shall receive cash Page 27 of 496 severance pay in a lump sum equal to two months' pay for every year of continuous service or fraction thereof as city manager, up to a total of six months' pay, such pay to be computed at the highest salary received by the city manager during his service with the city. Involuntary removal from service shall include reduction in pay not applicable to all employees of the city. (Code 1980, § 2.08.060;Ord. No. 2, § 6, 1977) Sec. 2.08.070. Powers and duties; generally. The city manager is the administrative head of the government of the city under the direction and control of the city council, except as otherwise provided in this chapter. He shall be responsible for the efficient administration of all the affairs of the city which are under his control. In addition to his general powers as administrative head, and not as a limitation thereon, it shall be his duty and he shall have the powers set forth in sections 2.08.080 through 2.08.190. (Code 1980, § 2.08.070; Ord. No. 2, § 7, 1977) State law reference—Power to dismiss and appoint other officers and employees, Government Code § 34856; vesting authority to appoint subordinate city officials in city manager, Government Code§ 36510. Sec. 2.08.080. Law enforcement duty. It is the duty of city manager to enforce all laws and or.; a ces of the city and to see that all franchises, contracts, permits and privileges granted by th .,c z.,, ;Y,),pr,.1 are faithfully observed. (Code 1980, § 2.08.080; Ord. No. 2, § 7.1, 1977) Sec. 2.08.090. Authority over employees. It is the duty of the city manager, and he a.all ha th authority, to control, order and give directions to all heads of departments and to su dinat:,officers and employees of the city under his jurisdiction through their department hef Nititc, (Code 1980, § 2.08.090;Ord. No. 2, § 7.2, 1977). Sec. 2.08.100. Power of appointmei anb.edoval. It is the duty of the city manager.toand he shall, appoint, remove, promote and demote any and all officers and employees• e cexcept the city attorney, city clerk and treasurer. (Code 1980, § 2,08.100; Ord. No 3, 1977) State law reference—Power to diitniss and appoint other officers and employees, Government Code § 34856; vesting authority to appoint subordinate city officials in city manager, Government Code § 36510. Sec. 2.08.110. Administrative reorganization of offices. It is the duty and responsibility of the city manager to conduct studies and effect such administrative reorganization of offices, positions or units under his direction'as may be indicated in the interest of efficient, effective and economical conduct of the city's business. In the event that any such reorganization results in the vacancy of any office, position, or unit designated by this Code to perform some snecified function or act, the city manager shall designate another officer, employee, or unit to perform that specified function or act. (Code 1980, § 2.08.110; Ord. No. 2, § 7.4, 1977) Sec. 2.08.120. Ordinance recommendation. It is the duty of the city manager and he shall recommend to the city council for adoption such measures and ordinances as he deems necessary. (Code 1980, § 2.08.120; Ord. No. 2, § 7.5, 1977) Page 28 of 496 Sec. 2.08.130. Attendance at city council meetings. It is the duty of the city manager to attend all meetings of the.city council unless at his request he is excused therefrom by the mayor individually or the city council, except when his removal is under consideration. (Code 1980, § 2.08.130; Ord. No. 2, § 7.6, 1977) Sec. 2.08.140. Financial reports. . It is the duty of the city manager to keep the city council at all times fully advised as to the financial condition and needs of the city. (Code 1980, § 2.08.140; Ord. No. 2, § 7.7, 1977) Sec. 2.08.150. Budget preparation and submittal. It is the duty of the city manager to prepare and submit the proposed annual budget and the proposed annual salary plan to the city council for its approval. (Code 1980, § 2.08.150; Ord. No. 2, § 7.8, 1977) Sec. 2.08.160. Expenditure control and purchasing. It is the duty of the city manager. to see that no expenditures shall be submitted or recommended to the city council except on approval of.,the city manager or his authorized representative for the purchase of all supplies for all the departments or divisions of the city. (Code 1980, § 2.08.160; Ord. No. 2, § 7.9, 1977) Sec. 2.08.170. Investigations and complaints) t tl It is the duty of the city manager to make investigations into the affairs of the city and any department or division thereof, and any co trn actor the proper performance of any obligations of the city. Further, it shall be the duty of the city manager to investigate all complaints in relation to matters concerning the administration'oofthelicity government and in regard to the service maintained by public utilities in the city) (Code 1980, § 2.08.170; Ord. No. 2,:§-7.10,`9 77) • Sec. 2.08.180. Supervision of pl blic buildings. It is the duty of the city manager and he shall exercise general supervision over all public buildings, public parks, and all other public property which are under the control and jurisdiction • of the city council. . . (Code 1980, § 2.08.180; Ord. No. 2, § 7.11, 1977) Sec. 2.08.190. Additional duties. It is the duty of the city manager to perform such other duties and exercise such other powers as may be delegated to him from time to time by ordinance or resolution or other official action of • the city council. (Code 1980, § 2.08.190; Ord. No. 2, § 7.12, 1977) Sec. 2.08.200. Council-manager relations. • The city council and its members shall deal with the administrative services of the city only through the city manager, except for the purpose of inquiry, and neither the city council nor any member thereof shall give orders or instructions to any subordinates of the city manager. The city manager shall take his orders and instructions from the city council only when sitting in a duly convened meeting of the city council and no individual councilmember shall give any orders or instructions to the city manager. • Page 29 of 496 (Code 1980, § 2.08.200; Ord. No. 2, § 8.1, 1977) Sec. 2.08.210. Departmental cooperation. It is the duty of all subordinate officers and the city clerk, city treasurer and city attorney to assist the city manager in administering the affairs of the city efficiently, economically and harmoniously. (Code 1980, § 2.08.210: Ord. No. 2, § 8.2, 1977) Sec. 2.08.220. Removal procedure. The removal of the city manager shall be effected only by a majority vote of the whole city council as then constituted, convened in a regular council meeting, subject, however, to the provisions of sections 2.08.030 through 2.08.260. In case of his intended removal by the city council, the city manager shall be furnished with a written notice stating the city council's intention to remove him, at least 30 thirty days before the effective date of his removal. If the city manager so requests, the city council shall provide in writing reasons for the intended removal, which shall be provided the city manager within seven days after the receipt of such request from the city manager, and at least 15 fifteen days prior to the effective date of such removal. (Code 1980, § 2.08.220; Ord. No. 2, § 9.1, 1977) • Sec. 2.08.230. Removal hearing. Within seven days after the delivery to the city manager\of such notice of intention to remove, he may, by written notification to the city clerk, request a hearing before the city council. hi Thereafter the city council shall fix a time for the/hearing which shall be held at its usual meeting place, but before the expiration of the 30-day period, at which the city manager shall appear and be heard, with or without counsel. ,_ \\ y (Code 1980, § 2.08.230; Ord. No. 2, § 9.2, 1977) 9 Sec. 2.08.240. Suspension pending hearing. After furnishing the city manager with written notice of intended removal, the city council may suspend him from duty, but-his compensation shall continue until his removal by action of the city council passed subsequen\off he e hearing. r (Code 1980, § 2.08.240; Ord. No. 2, ,9.3, 1977) Sec. 2.08.250. Discretion of council. In removing the city manager, the city council shall use its uncontrolled discretion.and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing, the purpose of which is to allow the city manager to present to the city council his grounds of opposition to his removal prior to its action. (Code 1980, § 2.08.250; Ord. No. 2, § 9.4, 1977) Sec. 2.08.260. Limitation on removal. Notwithstanding the provisions of sections 2.08 220 through 2.08.250, the city manager shall not be removed from office, other than for misconduct in office, during or within a period of 90 ninety days next succeeding any general municipal election held in the city at which election a member of the city council is elected or when a new city councilmember is appointed; the purpose of this provision is to allow any newly elected or appointed member of the city council or a reorganized city council to observe the actions and ability of the city manager in the performance of the powers and duties of his office. After the expiration of 90-day period aforementioned, the provisions of sections 2.08.220 through 2.08.250 as to the removal of the city manager shall apply and be effective. • Page 30 of 496 (Code 1980, § 2.08.260; Ord. No. 2, § 9.5, 1977) • Sec. 2.08.270. Additional agreements on employment. Nothing in this chapter shall be construed as a limitation on the power or authority.of the city council to enter into any supplemental agreement with the city manager delineating additional terms and conditions of employment not inconsistent with any provisions of this chapter. (Code 1980, § 2.08.270; Ord. No. 2, § 10, 1977) CHAPTER 2.12. CITY COUNCIL MEETINGS* *State law reference—Meetings of the city council, Government Code §§ 36805, 54954 et seq. Sec. 2.12.010. Meeting place. Regular meetings of the city council shall be held at a-specific location or locations within the civic center located at 10500 Civic Center Drive, Rancho Cucamonga, California, established by resolution of this council. (Code 1980, § 2.12.010; Ord. No. 91, § 1, 1979; Ord. No. 421, § 1, 1990; Ord. No. 421A, § 1, 2000) Sec. 2.12.020. Designation of alternate meeting place. The city council may, by resolution adopted not less than..two weeks prior thereto, hold a regular meeting at any other location in the city specified,in the-re olltion. te su (Code 1980, § 2.12.020; Ord. No. 91, § 2, 1979) �7 Sec. 2.12.030. Agenda; posting; action on other matters. A. At least 72 seventy two hours before a pregular meeting, the city council, or its designee, shall post an agenda containing a brietegeneraNdescription of each item of business to be transacted or discussed at the meeting.)`he agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public and shall be posted on the city website j o action'shall be taken on any item not appearing on the posted agenda. B. Notwithstanding subsection Aof this section, above, the city council may take action on items of business not appearing in-the posted agenda under any of the following conditions: 1. Upon a determination by,a majority vote of the city council that an emergency situation exists, as such is defined-in Government Code § 54956.5, as amended. 2. Upon a.determination by a two-thirds vote of the city council or, if less than two-thirds of the members are present, a unanimous vote of those members present, that the need to take action arose subsequent to the agenda being posted as specified in subsection A of this section. 3. The item was posted pursuant to subsection A of this section for a prior meeting of the city council occurring not more than five calendar days prior to the date action is taken on the item and, at the prior meeting, the item was continued to the meeting at which action is being taken. (Code 1980, § 2.12.030; Ord. No. 428, § 2, 1990) State law reference—Agenda required, Government Code § 54954.2. Sec. 2.12.040. Opportunity for public to address legislative body; regulations. A. Every agenda for a regular meeting shall provide an opportunity for members of the public to directly address the city council on items of interest to the public, before or during the legislative body's consideration of the item, that are within the subject matter of jurisdiction of the Page 31 of 496 city council, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by section 2.12.030B. subsection B of section 2.12.030. However, in the case of a meeting of the city council, the agenda need not provide an opportunity for members of the public to address the city council on any item that has already been considered by a committee, composed exclusively of members of the city council, at a public meeting wherein all interested members of the public were afforded the opportunity to address the committee on the item, before or during the committee's consideration of the item, unless the item has been substantially changed since the committee heard the item, as determined by the city council. Every notice for a special meeting shall provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the notice for the meeting before or during consideration of that item. B. The city council may adopt reasonable regulations to ensure that the intent of subsection A of this section is carried out, including, but not limited to, regulations limiting the total of time allocated for public testimony and particular issues and for each individual speaker. (Code 1980, § 2.12.040; Ord. No. 428, § 3, 1990) State law reference—Agenda requirements, Government Code, §§ 54954.2, 54954.3. CHAPTER 2.16. SALARIES *State law reference—Salary of council members, Government=Code;§"36516. • Sec. 2.16.010. Statutory authority. ` Cly The ordinance codified in this chapter is enacted;pu rsuant to the provisions of section 36516 of the Government Code § 36516 of the state, authorizing the city council to provide by ordinance that each member of the city council shall receive a•prescribed salary, the amount of which shall be based upon the population of the city as det-ermined.thy estimates made validated by the state department of finance. (Code 1980, § 2.16.010; Ord. No. 10, § 1,..1977)� Sec. 2.16.020. Population estimate. As of September 1, 19896h1latest_estimate of population of the city made validated by the State Department of Finance one hundred four thousand. (Code 1980, § 2.16.020; Ord. No. 100§,2/1977; Ord. No. 10-B, § 1, 1989) Sec. 2.16.030. Salary amount and waiver. • A. Each member of the city council other than the mayor shall receive as salary the sum of $1,309.73 one thousand three hundred nine dollars and seventy three cents per month. The mayor shall receive the sum of$1,459.73 one thousand four hundred fifty nine dollars and seventy three cents per month. The salary shall be paid at the same time and in the same manner as salaries are paid to other officers and employees of the city. B. Any member of the city council may receive the authorized increase in salary, or portion thereof, as provided in this section by enactment of Ordinance No. 10C, by filing a written request for said increase, or portion thereof, with the city clerk of the city. Such request may be filed at any time and shall continue in effect until the end of the city councilmember's term of office or until a withdrawal of the written request is filed with the city clerk. (Code 1980, § 2.16.030; Ord. No. 10, § 3, 1977; Ord. No. 10-B, § 2, 1989; Ord. No. IOC, § 1, 1998; Ord. No. 10E, § 1, 2008) State law reference—Salary determinations, Government Code § 36516. • • Page 32 of 496 Sec. 2.16.040. Salary adjustment. Following any new and later authorized estimate of population or census placing the city in a population group other than that set forth in section 2.16.020, the salary payable to each member of the city council shall be increased or decreased accordingly to equal the sum prescribed for that population group in section 36516 of the Government Code § 36516 of the state; provided, however, the salary so increased or decreased shall become payable only on and after the date upon which one or more members of the city council become eligible therefore by virtue of beginning a new term of office following the next succeeding general municipal election held in the city. (Code 1980, § 2.16.040; Ord. No. 10, § 4, 1977) Sec. 2.16.050. Additional recompensation. The salaries prescribed in this chapter shall be exclusive of any amounts payable to each member of the city council as reimbursement for actual and necessary expenses incurred by a member of the city council in the performance of official duties for the city. (Code 1980, § 2.16.050; Ord. No. 10, § 5, 1977) Sec. 2.16.060. Percentage salary adjustment. Notwithstanding any other provision of this chapter, and pursuant to Government Code § 36516.2, the salary of each member of the city council is increased effective on the operative date of the ordinance codified in this chapter, by an amountlqur al to t 2.51Vtwo and one half percent for each calendar year from the operative date of the 'lastlafljustment of salary in effect, which adjustment was made pursuant to Government Code-1-36516 and section 2.16.040 of this chapter. This section shall not be deemed to provide for raa��t�ic future increase in salary. (Code 1980, § 2.16.060; Ord. No. 10-A, § 1, 198,4) CHAPTER 2.20.. PLANNING COMMISSION* `State law reference—Planning commission, Government Code § 65101; city planning agencies generally, . Government Code § 65100 et seq. 1C �� �,' Sec. 2.20.010. Created. .'' There is created and established in/the city a planning commission. (Code 1980, § 2.20.010; Ord. No. 13, §,1978) Sec. 2.20.020. Planning agency. • The planning commission shall be the planning agency of the city. (Code 1980, § 2.20.020; Ord. No. 13, § 2, 1978) • Sec. 2.20.030. Membership—Number. The planning commission shall consist of five members who shall be appointed by the council. The mayor shall submit to the city council the name of any person proposed for appointment to the planning commission, and, upon such appointment by the city council, the name of the appointee shall be recorded in the minutes of the city council meeting. (Code 1980, § 2.20.030; Ord. No. 13, § 3, 1978) State law reference—Membership, Government. Code, § 65191. Sec. 2.20.040. Membership—Positions to be non-salaried. Members of the planning commission shall receive no salary, provided, however, that nothing in this chapter, shall preclude reimbursement for actual and necessary expenses incurred by a member of the planning commission in the performance of official duties for the city. Page 33 of 496 (Code 1980, § 2.20.040; Ord. No. 13, § 4, 1978) Sec. 2.20.050. Membership-Length of terms. A. The five members of the planning commission -- . . .. - -- -. • - length of their terms by lot. Three members shall serve a-terms of four years and shall continue in office until their respective terms expire unless sooner removed as provided in the ordinance codified in this section, and their successors shall be appointed for terms of four years. Twe members shall serve for a term of two years and shall continue in office until their respective terms expire unless sooner removed as provided in Section 2.20.060, and their successors shall be appointed for terms of four years. If a vacancy shall occur, other than by expiration of the term of office, it shall be filled by appointment by the mayor with the approval of the city council for the unexpired term. The term of any planning commissioner shall be extended for that length of time as may be necessary and convenient to appoint and set a successor planning commissioner. B. The term of office of each present member of the planning commission, presently scheduled to expire on the first day of January of an applicable odd numbered year, is extended to the first day of January of the even numbered year succeeding the scheduled time which each such term is set to expire. Thereafter, planning commission members shall be appointed to their customary scheduled terms to commence on the first day of Jan riary 1 of even-numbered years. (Code 1980, § 2.20.050; Ord. No. 13, § 5, 1978; Ord. No. 13A, § 22,1119880;Ord>No. 292, § 1, 1986; Ord. No. 567, § 1,Sec. 2.20 /\C \\ •'�7/�) Sec. 2.20.060. Membership-Removal. Any member of the planning commission may bc'remov d at any time by a majority vote of the entire city council. (Code 1980, § 2.20.060; Ord. No. 13, § 6, 1978) „N\ 2.20.070. Powers and duties. \� The powers, functions and duties of"the-planning commission shall be as set forth in the statutes of the state, applicable ordinances of the city, and such matters as may be assigned to the -.y planning commission by resolution of thh,ity council. (Code 1980, § 2.20.070: Ord. No>13, §l, 1978; Ord. No. 513, § 1, 1993) State law reference-Powers, functions and duties, Government Code § 65103. Sec. 2.20.080. Meetings. Regular meetings of the planning commission shall be held at such time and place as is determined by resolution of the city council. (Code 1980, § 2.20.080: Ord. No. 13, § 8, 1978) 2.20.090. Reservea Editors Note: Ord. No. 855, § 1(attach. 1), adopted Aug. 1, 2012, rep filed § 3. 0.090, in its entirety. Former § 2.20.000 pertained to "Public notification procedures." Scc Ordinance List and Disposition Table for derivation. CHAPTER 2.24. HISTORIC PRESERVATION* *Editors Note: Ord. No. 818, § 3(attach. A), adopted July 6, 2011, repealed Ch. 2. 4, in its entirety and enacted new provisions to read as herein set out. Prior to this amendment, Ch. 2.21 pertained to Historic Preservation Commission. See Ordinance List and Disposition Table for derivation. Ord. No. 855, § 4(attach. 4), adopted Aug. 1, 201 , repealed Ch. 2.24, §§ 2.21.010 2.24.270, in their entirety. Former sections 2.24.040 239.270 pertained to "Historic Preservation." See Ordinance List and Disposition Table and the Code Comparative Table for derivation. Page 34 of 496 *State law reference—Authority to impose standards on real property in the California Register of Historic Properties, Government Code § 65852.2. Sec. 2.24.010. Purpose. (a) It is found that the protection, enhancement, perpetuation, and use of districts, sites, and structures of historic, cultural, and architectural significance located within the city of Rancho Cucamonga are of aesthetic and economic value to the city. It is further found that cultural and historic resources contribute to the city's character, atmosphere, and reputation, and that respecting the heritage of the city will enhance its economic, cultural, and aesthetic standing. Therefore, it is imperative that the city safeguards these irreplaceable resources for the welfare, enjoyment, and education of the present and future community. (b) The purpose of this chapter is to: A. Provide a mechanism to identify, designate, protect, preserve, enhance, and perpetuate those historic sites, structures, and objects that embody and reflect the city's aesthetic, cultural, architectural, and historic heritage; B. Foster civic pride in the beauty and accomplishments represented by the city's historic landmarks and distinctive neighborhoods and recognize these resources as economic assets; C. Encourage the protection, enhancement, appreciation—a d use of structures'of historical, . cultural, architectural, community, or aesthetic value that have not been designated as historical resources but are deserving of recognition; D. Enhance the quality of life and promote fiat e economic development within the city by stabilizing and improving the aesthetic and economic value of such districts, sites, structures, and objects; E. Encourage adaptive reuse of the city's historic resources by promoting public awareness ia of the value of rehabilitation, restoration, and maintenance of existing buildings as a l means to conserve reusable material-and energy resources; F. Integrate historic preservation within the city's comprehensive development plan; G. Promote and encourage historc preservation through continued private ownership and utilization of such sike\\builings, and other structures now so owned and used, to the extent that the objectives listed above can be attained under such policy. (Code 1980, § 2.24.010; Ord. No. 848, § 3(aitach. A), 7-6-2011) Sec. 2.24.020. Definitions. The following terms, .when used in this chapter, shall have the meaning ,set forth in this section, unless a different meaning clearly appears from the context: Alteration means any act or process that modifies a historic landmark or contributing resource that either: A.(44 Requires a building permit and changes one or more of the features of a landscape or structure, including, without limitation, the erection, construction, reconstruction, or relocation of any structure or any part of a structure; or B.(2) Significantly changes any feature of a landscape or exterior of a structure that relates to its status as a historic landmark or contributing resource, regardless of whether such act or process requires a building permit. Building mad- safety official means the building and safety official of the city of Rohe Cucamonga or his or her designee. Page 35 of 496 CoMnrission means the city of Rancho Cucamonga historic preservation commission. Conservation district means an area of the city designated as a conservation district pursuant to this chapter. Contributing resource means any site, sign, structure, building, landscape, object, area, place, or feature within a conservation district that is either a separately designated historic landmark or designated as a resource that contributes to the district's historic, cultural, or architectural significance. Council m uns the city council of the city of Rancho Cucamonga. Demolition means any act or process that destroys, in whole or in part, a building, structure, or site, or permanently impairs its structural integrity. Historic landmark means any structure, any site, sign, structure, building, landscape, object, area, place, or feature designated as a historic landmark pursuant to this chapter. Inventory of historic resources means the inventory adopted by the commission of potentially historic sites, structures, buildings, landscapes, areas, and places in the city. Ordinary maintenance and repair means any work for which a building permit is not required by law, the purpose and effect of which is to correct any''deterioration of or damage to an improvement or natural feature or any part thereof and to restore h same,to its condition prior to the occurrence of such deterioration or damage. Planning director means the planning director of the`cittyy of Reeh r• eamonga or his or her designee. Point of historic interest means a location designated as a point of historic interest pursuant to this chapter. Register of historic resources means the inventory adopted by the commission of historic landmarks, points of historic interest, and conservation districts designated pursuant to this chapter. • ' Rehabilitation means the act o urocess of making possible a compatible use for a property through repair, alterations,iand additions while preserving those portions or features which convey its historical, cultural,or,architectural significance. Restoration means the act \\\rocess of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period, which may include the limited and sensitive upgrade of mechanical, electrical, and plumbing systems and other code-required work to make the property functional. • Secretary's standards means the standards for the treatment of historic properties adopted by the United States Secretary of the Interior, and all guidelines adopted for the implementation of the same. Small business means any office-type use that does not exceed 2 500 two thousand five hundred square feet, with no more than five employees. State historical building code means California Health and Safety Code § 18950 et seq., and the California Historical Building Code, codified at part 8, title 24 of the California Code of Regulations, as either of these may be amended from time to time. (Code 1980, § 2.24020; Ord. No. 848, § 3(attach. A), 7-6-2011) Page 36 of 496 Sec. 2.24.030. Historic preservation commission. A. Creation. There is created the historic preservation commission of the city. ofo Cucamonga. B. Powers and duties. The commission shall have the following powers and duties in addition to any other duties specified in this chapter:. 1. Administer the provisions of this chapter. 2. Advise the city council in all matters pertaining to historic preservation. 3. Maintain a current register of designated historic resources for public use and information. 4. Maintain a current inventory of potentially historic resources for public use and information. 5. Recommend the designation of historical resources, as hereinafter provided by this chapter. 6. Review and hold public hearings on applications for certificates of appropriateness, as hereinafter provided. 7. Review and comment on the decisions and documents;including, but not limited to, • environmental assessments, environmental impact er po t, and environmental impact statements, prepared by other public agencies when sad/decisions or documents might affect designated or potential historical resources within the city. 8. Participate in, promote, and conduct public i nformational, educational, and interpretive programs pertaining to historical resources. } 9. Recommend and encourage the p otectionnhancement, appreciation, and use of ■ structures of historical, cultural •architectural, community or aesthetic value that have not been designated as historicalresourrces but are deserving of recognition. 10. Consider requests by property owners for non-technical advice on proposed work on �-- historical landmarks and�cont butmg resources. �. \N./ 11. Perform any other functions that may be designated by resolution or action of the city council. C. Membership; appointment and terms. The commission shall consist of five voting members who shall each be residents of the city and appointed by the city council. 1. Each member shall serve a term of four years, except that two of the members first appointed shall be designated to serve a term of two years, and three of the.members for a term of four years, so as to provide a continuity of membership on the commission. Thereafter, the term for each voting member shall be four years. An appointment to fill an unexpired term shall be for the remainder of such unexpired term. Three members of the commission shall constitute a quorum. 2. Commission members shall be appointed to terms commencing on the first day of January 1 next succeeding each regular municipal election scheduled to occur in November of even-number years. D. Chairperson and oice-chairperson; appointment and term. The mayor, with the approval of the city council, shall appoint the first chairperson from among the members of the commission. The term of office of the chairperson shall be for the calendar year or that portion remaining after the chairperson is appointed or elected. Thereafter, when there is a vacancy in the office of the chairperson, the commission shall elect a chairperson and vice-chairperson each year in the month Page 37 of 496 of July from among its members. The same individual shall not hold the position of chain-Ha-Iverson for more than three years in a row. E. Assignment of duties by council. 1. Notwithstanding any other provision of this chapter, the city council may, by resolution, designate the planning commission as the historic preservation commission and vest all functions, rights, powers, and duties of the historic preservation commission in the planning commission. In the event the city council so designates the planning commission, the membership, terms of office and officers of the historic preservation commission shall be the same as that set forth for the planning commission. 2. If, on the effective date of this section, the planning commission is then acting as the historic preservation commission pursuant to the city council's previous designation, such designation shall continue in effect and the planning commission shall continue to act as the historic preservation commission subject to the requirements and terms of this chapter. F. Secretary. The planning director shall act as secretary to the commission and shall be custodian of its records, conduct official correspondence, and generally coordinate the clerical and technical work of the commission in administering this chapter (Code 1980, § 2.24.030; Ord. No. 848, § 3(attach. A), 7-6-2011) Secs. 2.24.040-2.24.270. Reserved. 4 CHAPTER 2.32. ELIGIBILITITOR'-EMPLOYMENT Sec. 2.32.010. City employment eligibility limitation) No person convicted (including pleas guilty-and nolo contendere) of a felony or a misdemeanor involving moral turpitude shall be eligible for employment by any department of the city; provided, however, the appointing authority shall disregard such conviction if it is found and determined by such appointing authority that mitigating circumstances exist, such as, but not limited to, evidence of rehabilitation; the length of time elapsed since such conviction, the age of such person at the time of thee nvict o or the fact that the classification applied for is unrelated to such conviction. (Code 1980, § 2.32.010; Ord. No. 66, §-1,1979; Ord. No. 66A, § 1, 1980) Sec. 2.32.020. Information access restrictions. . . The city manager, assistant to the city manager, finance director, police chief, city attorney, assistant city attorney, and each appointing authority of the city are hereby authorized to have access Co the state summary criminal history information, as'provided for in ccction 11105 of the California Penal Code § 11105, when it is required to assist such individual to fulfill the employment responsibilities set forth in this chapter. (Code 1980, § 2.32.020; Ord. No. 66, § 2, 1979) State law reference—Authority to obtain criminal history to assist in fulfilling employment, etc., duties, Penal Code § 11105(11). CHAPTER 2.36. DISASTER COUNCIL* *State law reference—Local disaster councils, Government.Code § 8610 et seq.; emergency management, Government Code § 8630 et seq. Page 38 of 496 Sec. 2.36.010. Purpose. The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the protection of persons and property within this city in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this city with all other public agencies, corporations, organizations, and affected private persons. (Code 1980, § 2.36.010; Ord. No. 104, § 1, 1980) Sec. 2.36.020. Emergency defined. As used in this chapter, the term "emergency" shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of this city, requiring the combined forces of other political subdivisions to combat. (Code 1980, § 2.36.020; Ord. No. 104, § 2, 1980) Sec. 2.36.030. Disaster council—Membership. A The disaster council is created and shall consist of th�wing: A. The mayor, who shall be chairaxaaperson; B. A councilmember, who shall be vice-chairmaszperson; C. The director and assistant director of erge c�'se vices; D. Such chiefs of emergency services,•as are,prosiided for in emergency plan of this city, o �\�.,1 adopted pursuant to this chapter; ^ ei E. Such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the c.director with the advice•and cconsent.of the city council. (Code 1980, § 2.36.030; Ord. No 10 § 3 1980) Sec. 2.36.040. Disaster council—Powers and duties. It is the duty of the disastercouncil, and it is empowered, to develop and recommend for adoption by the city council, emergency and mutual aid plans and agreements and such ordinances and resolutions and Pules and regulations as are necessary to implement such plans and agreements. The disaster council shall meet upon call of the chairm-aeperson or, in his absence from the city or inability to call such meeting, upon call of the vice-chairm*aperson. (Code 1980, § 2.36.040; Ord. No. 104, § 4, 1980) Sec. 2.36.050. Director and assistant director of emergency services—Office created. A. There is created the office of director of emergency services. The city manager shall be the director of emergency services. B. There is created the office of assistant director of emergency services, who shall be appointed by the director. (Code 1980, § 2.36.050; Ord. No. 104, § 5, 1980) Sec. 2.36.060. Director and assistant director of emergency services—Powers and duties. A. The director is empowered to: Page 39 of 496 1. Request the city council to proclaim the existence or threatened existence of a local emergency if the city council is in session, or to issue such proclamation if the city council is not in session. Whenever a local emergency is proclaimed by the director, the city council shall take action to ratify the proclamation within seven days thereafter or the • proclamation shall have no further force or effect; 2. Request the governor to proclaim a state of emergency when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency; 3. Control and direct the effort of the emergency organization of this city for the accomplishment of the purposes of this chapter; 4. Direct cooperation between and coordination of services and staff of the emergency organization of this city; and resolve questions of authority and responsibility that may arise between them; 5. Represent this city in all dealings with public or private agencies on matters pertaining to emergencies as defined in section 2.36.020; 6. In the event of the proclamation of a local emergency as provided in this chapter, the proclamation of a state of emergency by the governor or the director of the state office of emergency services, or the existence of a state of war emergency, the director is • empowered: a. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected\by such emergency; provided, however, such rules and regulations must be confirmed at'the earliest practicable time by the city council; y b. To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of`life and property and to bind the city for the fair value thereof, and, if required immediately, to commandeer the same for public use; c. To require emergency sere ice s of any city employee and, in the event of the proclamation of a state of-emergency in the county in which this city is located or the existence of a state of wanemergency, to command the aid of as many citizens of this community as he'deems necessary in the execution of his duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster e vice workers; .d. To requisition necessary personnel or material of any city department or agency; and e. To execute all of his ordinary powers as city manager, all of the special powers conferred upon him by.this chapter erd ranee--or by resolution or emergency plan pursuant hereto adopted by the city council, all powers conferred upon him by any statute, by any agreement approved by the city council, and any other lawful authority. B. The director of emergency services shall designate the order of succession to that office, to take effect in the event the director is unavailable to attend meetings and otherwise perform his duties during an emergency. Such order of succession shall be approved by the city council. C. The assistant director shall, under the supervision of the director and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency programs of this city; and shall have such other powers and duties as may be assigned by the director. (Code 1980, § 2.36.060; Ord. No. 104, § 6, 1980) Page 40 of 496 Sec. 2.36.070. Emergency organization. All officers and employees of this city, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may by agreement or operation of law, including persons impressed into service under the provisions of section 2.36.060, shall be charged with duties incident to the protection of life and property in this city during such emergency, and shall constitute the emergency organization of the city. (Code 1980, § 2.36.070;Ord. No. 104, § 7, 1980) Sec. 2.36.080. Emergency plan. The disaster council shall be responsible for the development of the city emergency plan, which plan shall provide for the effective mobilization of all of the resources of this city, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency; and shall provide for the organization, powers and duties, services, and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the city council. (Code 1980, § 2.36.080; Ord. No. 104, § 8, 1980) Sec. 2.36.090. Violations. It shall be a misdemeanor for any person, during an eme gency, to: A. Willfully obstruct, hinder, or delay any membef°"o a ergency organization in the enforcement of any lawful rule or regulatio_,:,c:suzls pursi/nt to this chapter, or in the performance of any duty imposed upon him b k..-Lie of this chapter; B. Do any act forbidden by any lawful rule-or re In atten issued pursuant to this chapter, if such act is of such a nature as to give s_ be •.c ly to give assistance to the enemy or to imperil the lives or property of in ab',,- °'w_ ,s f _a is city, or to prevent, hinder, or delay the defense or protection thereof; C. Wear, carry, or display, wit s ou thorny, any means of identification specified by the emergency agency of the -'a (Code 1980, § 2.36.090; Ord. No. 1 § +'- PT `' 2.40. ARREST POWERS Sec. 2.40.010. City employee orcement powers. An officer or employee of the city or the fire district designated by city council resolution is empowered to, and has the duty to, enforce any provision of any ordinance of the' city, and all primary and secondary codes referred to therein, the violation of which provisions ,constitute an infraction or misdemeanor. The employee shall.be deemed a public officer or . employee empowered by virtue of this Code and ccction 836.5 of the California Penal Code 6 836.5 to give citations for such violations wherever such officer or employee has reasonable cause to believe that the person cited has committed such misdemeanor or infraction in his presence which is a violation of the ordinance, primary code or secondary code which such officer of employee has the duty to enforce. (Code 1980, § 2.40.010;Ord. No. 54, § 1, 1979) CHAPTER 2.44. REDEVELOPMENT AGENCY* *State law reference—Community development and housing, Health and Safety Code § 33000 et seq.; community redevelopment agency, Health and Safety Code§ 33100 et seq. Page 41 of 496 Sec. 2.44.010. Purpose of provisions. It is found, determined and declared, pursuant to .•• .. ! : • • Health and Safety Code § 33101 of the etate of California, that there is a need for the redevelopment agency, created by Health and Safety Code § 33100 of caid code, to function in the city of Rancho Cucamonga, and said agency is authorized to transact business and exercise its powers under the Community Redevelopment Law of the state of California (Health and Safety Code § 33000 et seq.) (Code 1980, § 2.44.010; Ord. No. 145, § 1, 1981) Sec. 2.44.020. Powers vested in city council. Pursuant to the provisions of Health and Safety Code § 33200, the city council declares itself to be said agency, and all the functions, rights, powers, duties, privileges and immunities vested by the Community Redevelopment Law in said agency shall be, and they are, vested in the city council. (Code 1980, § 2.44.020; Ord. No. 145, § 2, 1981) Sec. 2.44.030. Executive director. • The city council appoints the city manager to serve as executive director of the redevelopment agency. (Code 1980, § 2.44.030; Ord. No. 145, § 3, 1981) Sec. 2.44.040. Copies on file in state and county offikes. The city clerk shall cause a certified copy oNtliis chapter to be filed in the office of the Secretary of State of the State of California, and the�c1erk of the county of San .Bernardino pursuant to ceetion 33102 of the Health and Safety Code § 33102. , (Code 1980, § 2.44.040; Ord. No. 145, § 4, 1981) � CHAPTER 2.48. INDDUUSTRIIADEVELOPMENT AUTHORITY* *State law reference—California Industrial Development Financing Act, Government Code § 91500 et seq. Sec. 2.48.010. Need to assist indu y. X\ )) V1 The city council finds and.declares that there exists in the city a need to assist industry in the financing of capital outlays reqiiSed to acquire, construct or rehabilitate facilities in order to increase employment opportunities and to contribute to economic development in the city. (Code 1980, § 2.48.010; Ord. No. 171, § 1, 1982) Sec. 2.48.020. Need for an authority. The city council further finds and declares that there is a need for an industrial development authority of the city in order to assist in providing industry in the city with an alternative method of financing in acquiring, constructing or rehabilitating facilities in accordance with provisions of the California Industrial Development Financing Act, Government Code § 91500 et seq. (Code 1980, § 2.48.020; Ord. No. 171, § 2, 1982) Sec. 2.48.030. Organization. The industrial development authority of the city established by the California Industrial Development Financing Act is declared organized under the name of "Industrial Development Authority of the City of Rancho Cucamonga," and shall function under and in-accordance with the provisions of the California Industrial Development Financing Act, Government Code § 91500 et seq. (Code 1980, § 2.44.030; Ord. No. 171, § 3, 1982) Page 42 of 496 CHAPTER 2.52. PARK AND RECREATION COMMISSION Sec. 2.52.010. ' : : - : • • : .': - • : •- •• • .: - Created. There is created and established in the city a park and recreation commission. (Code 1980, § 2.52.010; Ord. No. 318 § 2(part), 1987) • Sec. 2.52.020. Membershipbet. The park and recreation commission shall consist of five members who shall be appointed by the city council. The mayor shall submit to the city council the name of any person proposed for appointment to the park and recreation commission, and upon such appointment by the city council, the name of the appointee shall be recorded in the minutes of the city council meeting. (Code 1980, § 2.52.020; Ord. No. 318 § 2(part), 1987) Sec. 2.52.030. Membership Position to be non-salaried. Members of the park and recreation commission shall receive no salary; provided, however, that nothing in this chapter shall preclude reimbursement to any member of the park and recreation commission for actual and necessary expenses incurred in the performance of official duties by such commission on behalf of the city. (Code 1980, § 2.52.030; Ord. No. 318 § 2(part), 1987) HC- Sec. 2.52.040. Members;hi Length-of terms. Of the five persons appointed initially to serve on the,park and recreation commi^.,ion, two shall be designated to serve for a term concluding on Dc ember 31, 1988 and three shall be appointed to terms terminating on December 31i 1990 unless cooncr removed as provided for in this chapter. Thereafter, Those persons succeeding-to the offices of the initial appointees to the park and recreation commission shall be appointed for terms of four years commencing on the first day of January 1 next succeeding each regular municipal election scheduled to occur in November of even-numbered years unless sooner removed_as provided for in this chapter. If a vacancy shall occur, other than by expiration of-the term of office, it shall be filled by appointment by the mayor with the approval of the city councillor the unexpired term thereof. The city council may extend the expiring term of any park and4ecreation commissioner once for a maximum of six months. i r (Code 1980, § 2.52.040; Ord. No. 3181�2,,(part), 1987) Sec. 2.52.050. Membership; removal. Any member of the park and recreation commission may be removed at any tithe by a majority vote of the entire city council. (Code 1980, § 2.52.050: Ord. No: 318, § 2(part), 1987) Sec. 2.52.060. Powers and duties. The park and recreation commission shall act in an advisory capacity to the city council with respect to park and recreation facility location, park site planning and facility design and development, operation, maintenance and redevelopment of facilities, fiscal policy recommendations regarding development priorities, grants, fees and financing mechanisms for furthering the goals of the recreation element of the general plan. The park and recreation commission shall advise the city council on all matters pertaining,to the provision of a quality program of recreation service and activities for the community, and such other park and recreation matters as may be referred to it by the city council, or brought to its attention by citizens of the community. The commission shall provide such advice and consultation to other city commissions and staff as may be requested of the commission. (Code 1980, § 2.52.060; Ord. No. 318, § 2(part), 1987) Page 43 of 496 Sec. 2.52.070. Secretary. The community services director, or his designee, shall act as secretary to the park and recreation commission and shall be the custodian of its records, conduct official correspondence, and coordinate the clerical and technical work of the park and recreation commission in administering this chapter. (Code 1980, § 2.52.070; Ord. No. 318, § 2(part), 1987) Sec. 2.52.080. Chairperson and vice-chairperson selection and terms. • : • •• • :: : - •• • .. ..• -.•• . .. •. • . The terms of office of the chairperson and vice- chairperson shall be for the calendar year or that portion remaining after the chairperson or vice- chairperson is appointed or elected. ''�ocrWhen there is a vacancy in the office of chairperson and/or vice-chairperson, the commission shall elect a chairperson and/or vice-chairperson from among its members. The chairperson shall preside at each meeting of the park and recreation commission and the vice-chairperson shall preside over such meetings in the absence of the chairperson. (Code 1980, § 2.52.080; Ord. No. 318, § 2(part), 1987) Sec. 2.52.090. Meetings. Regular meetings of the park and recreation com ' si shall F held at such time and place as is determined by resolution of the city council. (Code 1980, § 2.52.090; Ord. No. 318, § 2(part), 198 7) illt CHAPTER 2.56. USE OF T ` SEAL AND LOGOS Sec. 2.56.010. Declaration of intent. (a) Prior to the adoption of this chapter, t re was no mechanism by which the city could prevent confusion on the part of th is itheicity's seal or logos are used without authorization so that members of the general p .c . reasonably believe that a document bearing the seal or logos was generated by th.•'i - . .• that the person or entity responsible for creation of the document is employed by or .,t_, haled w'''' the city. -J (b) In the absence of the a •tion of this chapter, the public could become confused, deceived or misled by such documents, whic is detrimental to the public health, safety and welfare and the effective operation of the city. . (Code 1980, § 2.56.010; Ord. No. 610, § 1(part), 1999) Sec. 2.56.020. Prohibited acts. • • No person who is not an officer, employee or agent of the city shall place any limitation or replication of the city seal or logos on any document so as to cause another person to reasonably believe that the document bearing the seal or logos was generated by the city or that the person or entity responsible for creating the document is employed by or affiliated with the city. Any person who violates the provisions of this chapter shall be guilty of a misdemeanor and shall be subject to the penalties specified in chapter 1.12 of this Code. (Code 1980, § 2.56.020;Ord. No. 610, § 1(part), 1999) Sec. 2.56.030. Definitions. For the purposes of this chapter, the following words shall have the meanings set forth below: • 1 Page 44 of 496 Document means any handwritten, typewritten, printed, photostatted, photocopied, electronic, or computer generated form of communication or representation, including letters, words, pictures, symbols, or any combinations thereof. Logo means any identifying symbol of the city of Rancho r,.cameaga or. the city's departments that are displayed on official city approved documents and stationary. Person means any natural person, firm, association, organization, partnership, business trust, corporation or limited liability company. Seal means the seal of the city of Rancho Gue mo ge that is displayed on official city approved proclamations, resolutions, the city website and other documents. "Logo" means the logos of the city of Rancho Cucamonga that is dicpinycd on official city (Code 1980, § 2.56.030;Ord. No. 610, § 1(part), 1999) isTSI mime PC I 1).'A • Page 45 of 496 Title 3 REVENUE AND FINANCE* *State law reference Authority to levy any tax which may be levied by any charter city except as may be provided in the Revenue and Taxation Code § 7282, subject to the voters' approval pursuant to Article XIII A of the Constitution of California, Government Code § 37100.5; financial powers of city, Government Code § 37201 et seq.; financial provisions, Government Code § 43000 et seq.; unclaimed property, Government Code § 50050 et seq. CHAPTER 3.04. TRANSFER OF TAX FUNCTION* *State law reference—Transfer of tax function to county, Government Code § 51501 et seq. Sec. 3.04.010. Transfer of assessment and tax collection authority to county. Pursuant to the authority granted by Government Code § 51501, of the Covcrnment Code of the °tats, the assessment and tax collection duties performed by the city assessor and tax collector hereby are transferred to the assessor and tax collector of the county . (Code 1980, § 3.04.010; Ord. No. 5, § 1, 1977) I . State law reference—City may transfer tax assessment and''collection to county by ordinance, Government Code § 31501. CHAPTER 3.08. PURCHAttl YS•TEM* *State law reference—Conflict of interest, Gavernme .��Code § 1090 et seq.; public works construction contract, Government Code § 4000 it segiublic contract code, Government Code § 20160 et seq.; Political Reform Act, Government de § 84100 et seq. Sec. 3.08.010.Adoption of purchasing,:ysteft ,, A purchasing rc asin system is adopted in order to establish efficient procedures for the purchase of P g Y P ,�,.w P P supplies, equipment and services;.-f ecu"f're<,fo the city supplies, equipment and services at competitive costs commensurate gib-, h ality needed and with due consideration to disposability; to exercise positive financial con l ,er purchases; to clearly define authority for the purchasing function; to ensure the quality,. o pure '.ses; and to buy without favor or prejudice. No contract entered into in contravention oolation of this chapter shall be enforceable against the city. (Code 1980, § 3.08.010; Ord. No. 38B, § 2(part), 1998) Sec. 3.08.020. Definitions. . • As used in this chapter, the following words and terms are defined as follows unless the context indicates that a different meaning is intended: Activity or using agency means any department, agency or other unit of city government which derives its support wholly or in part from the city. Best value means a result intended in the acquisition of all goods and services based on consideration of total cost of ownership. life-cycle costs, human health, product quality, product performance and contractor quality of service. The term "best value" means a value determined by objective criteria related to price, features, functions, and life-cycle costs. State law reference—Similar provisions, Public Contract Code § 20175.2. Bio-based product means a product composed in whole or in significant part of biological products. forestry materials or renewable domestic agricultural materials, including plant. animal or marine materials. generally safer for the environment than petroleum-based counterparts, and usually biodegradable or recyclable. Page 46 of 496 End-of-life management means the process by which products are disposed of, or recycled, after their term of useful service expires. Environmentally preferable product or service means a product or service that has a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose and that has characteristics that include, but are not limited to: derived from renewable energy sources, bio-based, readily biodegradable. readily compostable, high-recycled content, post-consumer material, low toxicity. reduced pollution and greenhouse gas emissions, recyclable. repairable, long-lasting, energy- or water-resource efficient and reusable. The comparison with competing products or services that serve the same purpose may consider raw materials acquisition. production, manufacturing, packaging, distribution, reuse, operation, maintenance, delivery and/or disposal of the product. Life-cycle cost means the comprehensive accounting of the total cost of a product. including procurement costs, initial costs, energy and operational costs, maintenance costs, longevity of service and disposal costs. Local bidder means a person, firm, partnership or corporation considered to be a point of sale within the city pursuant to the Constitution and laws of the state . Low bidder means the person, firm, partnership or corpo ti'on submitting the lowest price for the supplies, materials, equipment or services which me-t exceed the specifications, delivery P , terms and conditions and other requirements included i .e invitati-n to bid. • Low toxicity means a low amount of toxic the'$' ' • used T making a product, including products made with low volatile organic compou, _ . !e of carcinogens, reproductive toxins, bioaccumulative toxins sr : : hma-causin• subst:. ces. Post-consumer material means a finis,.-,, in •rial hat would normally be disposed of as a solid waste, having reached its intended .nd-u:. , . i,mpleted its life cycle as a consumer item. The term"post-consumer material" does 16 t inclu. manufacturing or converting wastes. Practicable means, in the ci ' , - ."•-∎ .e on. sufficient in performance and available at a reasonable price, within a reaso,: . ',.• based on a life-cycle cost assessment that considers initial cost and expected replan $ ,era ion, maintenance and end-of-life management costs. • peill Professional services In ans the cervices of attorneys, physicians, architects, engineers, auditors, specialized printers, or other individuals or organizations possessing a high degree of professional, unique, specialized.for technical skill or expertise, not adaptable to competitive bidding, or where the service involves a contract for special activities, negotiations for the acquisition of land, trash services, insurance, bonds or other service of a similar nature to the above, engaged for a particular project or series of projects. Purchases means purchase's of supplies, equipment, services and personal property and shall not include real property leases, rentals or purchases. Purchasing manager means the official(s) designated by the city manager for administration and/or enforcement of this chapter. Purchasing policy limits means such limits which shall be those amounts which determine purchase procedures. Such purchase limits shall be established by a resolution of the city council. Recycled content products means products manufactured with waste material that has been recovered or diverted from the waste stream. Recycled content products may be derived from post- consumer waste, industrial scrap, manufacturing waste and/or other waste that otherwise would not have been utilized. Secondary material shall—means fragments of finished products or finished products of a manufacturing process that has converted a resource into a commodity of real economic value and Page 47 of 496 includes post-consumer material, but does not include excess virgin resources from the manufacturing process. Services means any and all services, including, but not limited to, equipment service contracts. The term "services" does not include services rendered by city officers or employees, nor professional services for which the procedure for procurement is specifically provided by law or approved city procedures which are in their nature unique and not subject to competitive bidding. The term "services" does not include public works projects (see section 3.08.110 regarding bidding for public works). Supplies and equipment means any and all articles, things or personal property furnished to, or used by, any city department. Take-back services means programs or policies whereby equipment can be returned to a manufacturer. distributor or recycler at the end of its useful life. Total cost of ownership means the real cost for a product. encompassing materials, installation, maintenance, anticipated repairs. necessary monitoring and end-of-life management. (Code 1980, § 3.08.020; Ord. No. 328B, § 2(part), 1998) Sec. 3.08.030. Centralized purchasing division. There is created a purchasing division within the ci ested with the authority for the centralized purchase of supplies, equipment and se ce (Code 1980, § 3.08.030; Ord. No. 328B, § 2(part), 1998 Sec. 3.08.040. Purchasing and central servics ma e, ent. The purchasing manager may delegate t e ies o that position to subordinate employees. The purchasing manager shall direct and pe e -e city's purchasing program. The purchasing manager shall endeavor to obtain as full d ope a competition as possible on all purchases. The purchasing manager shall establis,. e s d procedures for the efficient and economical functioning of the purchasing 1;10 (Code 1980, § 3.08.040; Ord. No 4 1s :rt), 1998) Sec. 3.08.050. Purchasing 1111 ger • .wers and duties. The purchasing manager sh: k save the authority to: A. Purchase or contract for supplies, materials, equipment and services required by a using department in accordance with the purchasing procedures prescribed by this chapter; B. Enter into any contract permitted by law, including, but not limited to, equipment service contracts, lease purchase agreements, agreements for services and professional services, and rental agreements subject to any restrictions set forth in this chapter or specifically provided by law; C. Maintain when feasible full and open competition among bidders on all purchases; D. Prepare, recommend and implement rules governing the purchasing of supplies, equipment and services for the city and recommend revisions and amendments where applicable; E. Keep informed of current developments in the field of purchasing, prices, market conditions and new products; F. Prescribe and maintain such forms as are reasonably necessary to the operation of this chapter and other rules and regulations; Page 48 of 496 G. Recommend the transfer of surplus or unused supplies and equipment between departments as needed and the sale of all supplies and equipment which cannot be used by any department or which become unsuitable for city use; H. Maintain a vendor's list, vendor's catalog file and records needed for the efficient operation of the purchasing division; I. Manage and supervise the city central warehousing facility; J. Purchase or contract for supplies, materials, equipment and services that offer the best value to the city based on total cost of ownership and taking into consideration the quality, performance and ownership costs of the supplies, materials, equipment and services, including, but not limited to, costs of acquisition. extended warranties, operation. including energy and water consumption, supplies, maintenance, hazardous materials training and other labor. end-of-life management costs and options and the expected lifetime compared to other alternatives: K. Include, as appropriate, a requirement for environmentally preferable products or services in bid specifications and contracts for supplies, materials, equipment and services: L. Prepare, recommend and implement guidelines fo the •urchasing of environmentally . preferable products or services for the city. incl di -'t-. :ft limited to, the purchasing of appliances. batteries, electronic equipment ee ma' tellance products. janitorial and other building maintenance products, landscartinfanrgrounds maintenance products, lighting equipment, office supplies, and urnitm.e, ing and storage supplies, motor oil and other lubricants, paint, park play ound equi ent and road paving materials, and recommend revisions and amendme• a sere applicable. (Code 1980, § 3.08.050; Ord. No. 328B, § i• Sec. 3.08.060. Requisitions. All departments shall subm•. 41 i ests • the purchasing manager by standard requisition form or by other means as • 'shed by purchasing procedures for the supplies, materials, equipment and ::: ulti as - •uired for their operations and purposes and within the limits of funds appropria - erefo . The purchasing manager, after reviewing any such requisitions, may question its •0 •riety and may require from the head of the requesting department a justification of the • •antity or quality requisitioned. - (Code 1980, § 3.08.060; Ord. No. 328B, § 2(part), 1998) • Sec. 3.08.070. Bidding generally. A. PUrch,asing by bid process. Purchasing of supplies and equipment shall be by bid process pursuant to sections 3.08.080 and 3.08.09 . However, bidding may be dispensed with upon adequate, specific documentation when one of the following conditions exists: 1. When, in the view of the city manager or the person acting in that capacity, an emergency requires that an order be placed with the nearest available sources) of supply; 2. When the amount involved is less than the open market amount established by resolution of the city council; 3. When the commodity can be obtained from only one vendor. A commodity shall be considered obtainable only from one vendor when only one vendor offers it for sale, lease or rental, or when only one vendor is able to do so within the time frame and/or under the terms and conditions which reasonably meet the needs of the using agency, or when there Page 49 of 496 is a sole distributor or manufacturer of a product or service such that there is no acceptable substitute within a specific geographical area; 4. When there is to be a contract for professional services; provided, however, that contracting for professional services shall be conducted pursuant to a request for a proposal/qualification procedure. Awards of professional services contracts shall be made by the purchasing manager when the same have been budgeted and for which sufficient funds have been appropriated; 5. When, through cooperative purchasing with the state, the county, or other public agencies, the advantage of large-scale buying may be obtained; 6. When the purchase is beneficial to the interest of the city and is from a supplier who has been awarded a specific item or items in a contract resulting from a formal competitive bid process by another governmental agency within the state or by the federal government within the previous 365 days (one year); 7. When purchasing from or selling to another governmental agency utilizing purchasing agreements maintained by said governmental agency when such action is beneficial to the interests of the city; 8. When the city council determines by resolution it w¢'uld'be in the best interest of the city to dispense with biddin g; provided, however, th.t.,t e". .'•until shall state the basis of its determination; 9. When there is a breakdown in essen ' ii hinery, essential services, or when unforeseen circumstances arise, includ. de b < •ntractors, delays in transportation, and unanticipated volume of work , hich quires the immediate attention of a professional or immediate servic, ,! • : in o •er to protect public health, safety or welfare. B. Additional requirements and pr. i :bitio 1. Notwithstanding any oth, ,. to Ns or "ovision hereof, no contract shall be awarded to any person, firm, partnership L .oration that does not have a city business license when e required to possess ursuant to any provision of this Code. h 2. No person shall be i ` "ested personally in any contract made hereunder (see California Government Code § 10 t seq.) or violative of the conflict of interest provisions of the city and/or the Political Reform Act, Government Code § 87100 et seq. 3. Contracts for services and public works projects less than the minimum amounts for public works bidding (see Public Contract Code § 20160 et seq.) may require the payment of prevailing wages pursuant to the California-Labor Code. 4. Bid splitting. It is unlawful to split or separate into smaller units, quantities, work orders, or projects any purchase of supplies, equipment or services for the purpose of evading the provisions of this chapter pertaining to the purchase of supplies, equipment or services. Every person who willfully violates this section is guilty of a misdemeanor. (Code 1980, § 3.08.070; Ord. No. 328B, § 2(part), 1998) Sec. 3.08.080. Formal bid procedure. Except as otherwise provided in this chapter, purchases of supplies, equipment or services of an individual estimated value greater than the established formal bid procedure amount shall be by written contract with the lowest or highest responsible bidder or the bidder who provides goods Page 50 of 496 or services at the best value, as the case may be, pursuant to the procedures prescribed in this section. A. Notice inviting bids. Notices inviting bids shall include a general description of the articles to be purchased or sold, shall state where specifications may be obtained, and the date, time and location of when bids are due and will open. 1. Posted notices. Notices inviting bids shall be published at least ten days before the date of the bid opening on the city's website and on professional services listings, as available, during the solicitation process. 2. Bidder's list. The purchasing manager shall also solicit bids from responsible prospective suppliers whose names are on the bidder's list in accordance to the commodity or service category the prospective supplier has specified. B. Bidder's security. When deemed necessary by the purchasing manager, bidder's security may be prescribed in the public notice inviting bids. Bidders shall be entitled to return of bid security; provided, however, that a successful bidder shall forfeit the bid security upon refusal or failure to execute the contract within ten days after the notice of award of the contract has been mailed unless, in the latter eve i t, the city is solely responsible for the delay in executing the contract. The city may, • I '-fusal or failure of the successful bidder to execute the contract, award it to the n -.e. _.e ; .. -t responsible bidder or the bidder who provides goods or services at the . xt best vat•e, with the bidder's security being applied to the amount of the contract ere r°'ial between the lowest bid and the second lowest bid, and the contract • ential. if any between the bidder who provides goods or services at the best v: ue an. he a adder who provides goods or services at the next best value, with the surp -, if a , , returned to the lowest bidder or the bidder who provides goods and se - •, - • st value. If the city rejects the remaining bids presented and re-advertis4s, the mount of the lowest bidder's security or the security of the bidder who provi s good and services at the best value, may be used to offset the cost of receivi a-,w d the surplus, if any, shall be returned to the lowest bidder or the bide w• • •ro ides goods and services at the best value. C. Bid and proposal sr .,:io _i: : e = -' • • • •::-_ - ealed bids shall be submitted to the purchasing ag- ►` : sha ` •e identified as a bid on the envelope. Alternatively, bids and proposal submissis,s2 may be submitted electronically through the electronic bidding system that the city's Q'+rchasing divisions utilizes, unless the purchasing manager determines otherwise. Electronic bid and proposal submittals shall be to the purchasing agent in accordance with policies and procedures adopted by the city council for submission of electronic bids that ensure the identification, security and confidentiality of • electronic bids. Sealed and electronic bid and proposal responses and associated documentation will be on file in the city's purchasing division and shall be opened in public at the time and place stated in the public notice. The functionality of the electronic bidding system ensures that bid and proposal submissions remain unopened until the closing date and time of said submissions and that said submissions cannot be viewed by the public or city staff until the closing date and time. A tabulation of all bids received shall be available for public inspection during regular business hours after the bid opening. D. Rejection of bids. The city may reject any and all bids presented, re-advertise for bids or award a contract after negotiation for the most reasonable cost under existing conditions. The right to reject any and/or all bids is expressly reserved to the city and said decision shall be final. E. Determination of lowest responsible bidder. Page 51 of 496 1. Upon opening and tabulation of all bids received to determine the low bidder, the purchasing supervisor shall thereafter determine the lowest responsible bidder by applying the following criteria: 4:a. For purposes of determining the lowest responsible bidder, there shall be deducted from the bid submitted by a local bidder all sales taxes which will be apportioned to and received by the city; 2:13. The ability, capacity and skill of the bidder to provide the service or commodity required and to comply with all specified requirements in the bid document; 4-c. The bidder's record of performance of previous contracts or services; previous failure to perform to city requirements may disqualify the bidder; • d. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract. &-2. Whenever the purchasing manager determines that a bidder is not responsible pursuant to this section and the specifications of the notice inviting bids, the purchasing manager shall notify the bidder of said determination, in writing. The bidder may, within ten days after notice is given .. the purchasing manager, appeal such determination to the city manager why shall conduct a public hearing to determine whether or not the bidder is a re:,,p dder. The decision of the city manager shall be final. Yr F. Determination of bidder providing best •n opening and tabulation of all bids received to determine the bidder pr• d ,f • •• . and services at best value, the purchasing sunerviser--manager shall herea`• r •etermine the bidder providing best value by avulsing the following cr. .- I. The bid amount; 2. Th quality of the • ood- or services; 3. The extent to w� h .'cider's goods or services meet the city's needs; 4. Any relevant criteria specifically listed in the notice inviting bids. F-G.Award of contracts. Except as otherwise provided in this chapter, contracts for supplies, equipment or services of a value requiring formal bid procedures shall be awarded to either the lowest responsible bidder or the bidder providing goods and services at the best value. The purchasing manager shall have the authority to award contracts, including capital outlay items, which have been budgeted and for which there are sufficient funds appropriated. Contracts which exceed the appropriated amount, or which are not budgeted, shall not be awarded, except upon approval of the city council. a-H. Tie bids. If two or more bids received are for the same total amount or unit price, quality and service being equal or are of equal best values, the city may, in its discretion, accept either bid submitted. Performance security. A performance bond, certificate of deposit or cash may be required before entering into a contract, in such amount as is deemed reasonably necessary to protect the interests of the city. If performance security is required, the acceptable type and amount thereof shall be described in the notice inviting bids and, if a bond, the form of the bond shall be as determined by the city attorney. Page 52 of 496 (Code 1980, § 3.08.080; Ord. No. 328B, § 2(part), 1998; Ord. No. 853, § 1, 5-16-2012) Sec. 3.08.090. Informal bid procedure. Purchases of supplies, equipment and services of a value established by resolution requiring informal bid procedures shall be made by the purchasing manager by the informal bid process pursuant to the procedure prescribed in this section and without observing the procedure described in section 3.08.080 of this chapter. . A. Minimum number of bids. Informal bid purchases shall, whenever possible, be based on at least three bids and shall be awarded to the lowest responsible bidder. B. Solicitation of informal bids. The purchasing manager shall solicit informal bids by written requests to prospective vendors, via fax machine, by telephone, electronically or by any other means deemed effective. C. Informal bids. Informal bids shall be submitted, in writing, to the purchasing manager, who shall keep a record of all such bids open to public inspection after the submission of bids or the placing of an order. D. Submittal of informal bids. The purchasing manager shall establish lists, by category or type, of persons, firms, partnerships or corporationsncapable of and willing to submit bids for goods, services or supplies and shall invite submittals for placement on said lists. When requesting the submittal of informal bids, ft shall be the duty of the purchasing manager to rotate the names of interested persons,ttirnis;partnerships or corporations so as to maximize the number of potential biddersAny bid submitted in a timely fashion during an informal bid procedure shall'he considered even if no notice was previously■ provided to the bidder. The purchasing manager shall, further, post a list of goods, services and supplies proposed tos,be;pr rchased/so as to permit interested parties to bid thereon. Said posting shall comply with any and all applicable rules pertaining to posting, as adopted by the city council. \\.. E. Provisions applicable to informal bids: Notwithstanding any other term or provision of this section 3.08.090, the•provisioons of subsections D, E, F, G and H of section 3.08.080 shall be applicable to Mnformal.bids. 11 \y (Code 1980, § 3.08.090; Ord. No:-3288, § 2(part), 1998) Sec. 3.08.100. Open market p\\edure. The purchasing manager,may procure goods, services and supplies for the city without resort to either the formal bid or informal bid procedures with regard to purchases in amounts within the open market procedure limits, as established by resolution. The purchasing manager shall maintain lists of providers capable of supplying such•goods, services and supplies and shall rotate the use thereof. (Code 1980, § 3.08.100; Ord. No. 328B, § 2(part), 1998) Sec. 3.08.110. Bidding for public works projects. Public works projects, as defined by the California Public Contract Code Government Code k 20160 et seq., shall be bid, advertised and awarded in accordance with California Public Contract Code Government Codc § 20160 et seq. Public works projects not exceeding the amount specified in California Public Contract Code Government Code § 20161 29162, as the same may be amended from time to time, shall be awarded pursuant to the informal bid process above. • (Code 1980, § 3.08.110; Ord. No. 328B, § 2(part), 1998) Page 53 of 496 Sec. 3.08.120. Inspection and testing. The purchasing agent, or such person as may be appointed by the purchasing manager, may inspect the supplies and equipment delivered to determine their conformance with the specifications set forth in the order. The purchasing manager shall have authority to require chemical or physical tests of samples submitted with bids and samples or deliveries which are necessary to determine their quality and conformance with the specifications. (Code 1980, § 3.08.120; Ord. No. 328B, § 2(part), 1998) Sec. 3.08.130. Competitive negotiation. The purchasing manager may, in place of formal bidding procedures, institute procurement by a process of sealed proposals and competitive negotiation, if a proposed purchase involves goods, equipment or products of a unique and complex design and/or must be manufactured or assembled to the particular needs of the city. The city manager or his or her designee must approve of such purchasing procedure and purchases. (Code 1980, § 3.08.130; Ord. No. 328B, § 2(part), 1998) Sec. 3.08.140. Discretionary approvals. In discretionary approvals related to engineering an. p1a i u ing, if a professional services agreement is required for.which the city is to be reimburs ill select the consultant. (Code 1980, § 3.08.140; Ord. No. 328B, § 2(part), 1998) Sec. 3.08.150. Disposition of surplus supplies : s ent. All using departments shall submit to the urchas„.g'manager, at such times and on such forms as the purchasing agent shall prescrib • s slowing all supplies and equipment which are no longer used or which have become • isole or - rn out. The purchasing manager shall have authority to exchange for or trade in on -w sup ;1'es and equipment all supplies and equipment which have become unsuitable for ci . A. Such items so declared A,; io•1 shall be offered for sale on a competitive bid basis. Bids may be solicite• o n request, telephone, fax machine, by public auction, by use of an auction `, by vertisement in any newspaper or magazine, or by any combination of such .I ,a ods. B. When, after a reasonabl- effort has been made to obtain competitive bids, no offers are received for any item of city-owned personal property so declared to be surplus, the purchasing manager is authorized to dispose of such item for the highest scrap value that can be obtained therefor and if a reasonable effort to do so produces no opportunity to sell • the same for scrap, the purchasing manager may.cause its destruction or any other disposition thereof. C. The city may sell obsolete or surplus property to any other governmental agency at an established fair market value without other bids. D. The city may donate surplus personal property to any agency or entity which is exempt from federal income tax, with the approval of the city council. (Code 1980, § 3.08.150; Ord. No. 328B, § 2(part), 1998) State law reference—Sale of federal surplus property, Government Code, § 40500 et seq.; Sec. 3.08.160. Green procurement policy. The purpose of the provisions of this section 3708460-are to promote the procurement of environmentally preferable products or services throughout all city departments in order to foster Page 54 of 496 the practice of responsible purchasing choices that reduce impacts on the public health and environment and support markets for environmentally preferable products or services. A. If fitness and quality are equal, and to the extent that such use does not negatively impact health, safety or operational efficiency. all city departments shall procure environmentally preferable products or services, including recycled content products, whenever: 1. Environmentally preferable products or services are available at the same or lesser total cost than competing products or services that serve the same purpose; 2. Product or service specific procurement guidelines have been prepared for the product or service;or 3. The life-cycle cost of the product or service is determined to be less when taking into consideration quality, performance and ownership costs of the product or service, including, but not limited to. costs of acquisition. extended warranties, operation, including energy and water consumption, supplies, maintenance, hazardous materials training and other labor, end-of-life management costs and options and the expected lifetime compared to other alternatives. B. All city departments, whenever practicable. or w,en : •ecific procurement guidelines have been developed, shall designate environ a =ferable products or services when procuring products or services from co racors or a..resultants and, if applicable, shall require contractors or consultants to specify the 1,inimum percentage of recycled content in the products offered, both post,d'onsumer material and secondary material. C. All city departments shall require the to of recycled paper with a minimum of 30 thirty percent(30%)-cost-consumer material on all ou Side print lobs, wherever practicable. D. To •: •- . : : •: • - • -- . . . - - • .. . , . . .. . . . .. . . . .. . ftild support environmentally friendly business practices. all city departments shall make an effort to procure goods a n d services f r o m . •. . . . . . . •. . . , ontractors or consultants that use environmentally friendly business practices and/or contractors or consultants that de, o netrate a high level of environmental and social responsibility by 1. Offering free b r•.w cost i •oduct take-back services for their products to ensure that these items are re 4_;:;d and/or safely managed at the end of their useful life; 2. Disclosing any haza does materials contained in their products; 3. Assisting the city in documenting. monitoring and reporting the climate and other environmental benefits of the products they sell to the city:or • 4. Instituting any other procedures that help the city to fully implement the provisions of this section 3.08.160. E. All city departments shall require outside contractors and consultants to use environmentally preferable products or services in the performance of services for the city. wherever practicable. . . . . . . . .. . . . . .. .. .. .. . . . . . .- . . ... . ... . ... . . _: : : . • . . acrvicca manufactured from virgin materialo or exclude the uoc of recycled to be recycled. Page 55 of 496 can demonstrate to the satisfaction of the city manager that such recycled ensure that performance standards for particular products can be met and that specification© arc not overly stringent, and to recommend changes to ensure that• . . . • . . • _ . . . • . .. • . . . . . . - - - cervices, must demonstrate that they will comply with the specifications described in recycled paper. In addition, recycled paper shall lie I , hased and used in all copy hines that will ftee pt :t - . . •- .ice:. .. . . . - envelopes recycled paper that includ'0 2 post :`onsumer material or recycled content . a,. .. . • . _ _ . - . . .. C L.A five percent price al,enc y be given to recycled products, reusable procurement effort intended to stimulate the market for recycled products, reusable products and products designed to be recycled environmontall .referable *roducto or ee3wiees:- I N. All related city departments shall work cooperatively to further the purposes of this (Code 1980, § 3.08.160; Ord. No. 328B, § 2(part), 1998) Sec. 3.08.170. Penalties for violation of chapter. It is unlawful for any person, firm, partnership or corporation to violate or to fail to comply with section 3.08.070B.4 of this chapter, as adopted by the ordinance codified in this chapter. Any person, firm, partnership or corporation violating or failing to comply with section 3.08.070B.4 shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00 , or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each and every person, firm, partnership or corporation shall be deemed guilty of a separate offense for each and every day, or any portion thereof, during which Page 56 of 496 • any violation of section 3.08.070B.4 is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this chapter. (Code 1980, § 3.08.170; Ord. No. 328B, § 4, 1998) Sec. 3.08.180. Specialized contracting procedures permitted. A. Nothing in this chapter shall prohibit the city from using specialized contracting procedures when authorized by state law. If state law authorizes such procedures, this chapter need not also specifically authorize them. Such specialized procedures may include, without limitation, prequalification of contractors or subcontractors and design-build contracting procedures. B. The city manager is authorized to determine whether or not the needs of any particular project warrant the use of legally available specialized contracting procedures, or to delegate that determination to other city staff. C. The city manager is authorized to adopt and enforce all policies and procedures necessary to effectively utilize any specialized contracting procedures authorized by state law. All such policies and procedures shall be written and available for review in the office of the city clerk. D. Where required by applicable state law, the policies and procedures shall provide for a process to appeal an administrative decision. Failure to £ile_a-timely appeal shall constitute a waiver of any and all rights to challenge the administrative dec sion whether by administrative process, judicial process or any other legal process or proceeding. E. Notwithstanding any other provision of this`.chapter, the community services director, or his or her designee, is authorized to execute, and tak�any\)other action necessary to enter into, contracts for the provision of professional entertainment services to the city, without complying with any other provision of this chapter. Unless approved in writing by the city manager, the total amount of any such contract shall be lessithan that'amount otherwise requiring compliance with formal bid procedures pursuant to this chapter. Any contract entered into pursuant to this provision shall be in writing. /C� (Code 1980, § 3.08.180; Ord. No.1008,§� 1;2003; Ord. No. 753, § 1, 2005) CHAPTER 3.12.CLAIMS PAYMENT PROCEDURE* *State law reference—Claims against public entities, Government Code § 900 et seq. Sec. 3.12.010. Purpose. • The city desires to adopt procedures relative to the fiscal affairs of the new city and to provide for the payment of its debts as they come due. The city therefore determines to adopt the ordinance • codified in this chapter. . (Code 1980, § 3.12.010; Ord. No. 6, § 1, 1977) Sec. 3.12.020. Statutory authority. The provisions of this chapter recognize that the general claim procedures applicable to local public agencies, including this city, are governed by the provisions of Chapter 1 of Divicion 3.6 of -- - • • ••• • -:: • • - e(Government Code § 900 et seq. and following this chapter. (Code 1980, § 3.12.020; Ord. No. 6, § 2, 1977) Page 57 of 496 Sec. 3.12.030. Special claims procedures. Pursuant to the authority contained in Section 935 of the Government Code § 935 of the state, the following claims procedures are established for those claims against the city for money'or damages not now governed by state or local laws: A. Employee claims. Notwithstanding the exceptions contained in Section 905 of the • Government Code § 905 of the state, all claims by public officers or employees for fees, salaries, wages, overtime pay, holiday pay, compensating time off, vacation pay, sick leave pay, and any other expenses or allowances claimed due from the city, when a procedure for processing such claims is not otherwise provided by state or local laws, shall be presented within the time limitations and in the manner prescribed by Sections 910 through 915.2 of the Government Code $$ 910-915.2 of the state. Such claims shall further be subject to the provisions of _-• ..• : • - Government Code § 945.4 e€ the state relating to the prohibition of suits in the absence of the presentation of claims and action thereon by the city council. B. Contract and other claims. In addition to the requirements of subsection A (a)-of this section, and notwithstanding the exemptions set forth in Section 905 of the Government Code § 905 of the state, all claims against the city$or damages or money, when a procedure for processing such claims is not otherwise provided by state or local laws, shall be presented within the time limitations arid ih-the manner prescribed by Sections ' .. : -- Government Code §§410=-915 2 of the state. Such claims shall further be subject to the provisions of Seetion"946 ^' of the Government Code § 945.4 of the state relating to the prohibition of shit n the absence of the presentation of written claims and action thereon which have been acted upon by the city council. (Code 1980, § 3.12.030; Ord. No. 6, § 3, 1977)----c--* State law reference-Similar provisions, Government Code § 945.4. Sec. 3.12.040. Filing.the claims or demand against' he city-shall be filed with the city clerk and shall be presented by the city clerk to the city council ati`the next regular meeting thereof for approval or rejection, whether in whole or in part(if such presentation is required by law. (Code 1980, § 3.12.040; Ord. N�oo' 6;..§,4, 1977) Sec. 3.12.050. Claims covered by insurance. All claims filed with the city clerk, which claims are covered by insurance, shall be forwarded by the city clerk after action thereon by the city council to the appropriate insurance carrier for handling and further processing. (Code 1980, § 312.050; Ord. No. 6, § 5, 1977) Sec. 3.12.060. Purchases, supplies, or services. A. All demands, invoices, or claims for purchases, supplies, or services included within budgetary appropriations shall be presented in writing to the director of finance. All such demands, invoices or claims shall he fully itemized and verified as just and correct by the claimant or his authorized agent. B. Each demand shall bear the number of the purchase order issued for the materials or services rendered. C. Such demands, invoices, or claims shall be audited by the director of finance, who shall prepare a register of audited demands. The affidavit of the director of finance shall be attached to such register, certifying to the accuracy of the register. • Page 58 of 496 D. Such demands, invoices, or claims shall be approved by the city manager and finance committee consisting of two designated members of the city council. E. All claims approved shall be paid by checks drawn upon the city treasurer signed by the person(s)designated by resolution of the city council. (Code 1980, § 3.12.060; Ord. No. 6, § 6, 1977) CHAPTER 3.16. REALTY DOCUMENTARY TRANSFER TAX* *State law reference—Documentary transfer tax act, Revenue and Taxation Code § 11901 et seq. Sec. 3.16.010. Short title. This chapter shall be known as the "real property Documentary Transfer Tax Ordinance of the City of Rancho Cucamonga." It is adopted pursuant to the authority contained in Part 6.7 (commencing with Section 11901) of Division 2 of the Revenue and Taxation Code § 11901 et seq. of the state. (Code 1980, § 3.16.010; Ord. No. 7, § 1, 1977) Sec. 3.16.020. Imposition. There is imposed on each deed, instrument or writing:by which any lands, tenements, or other realty sold within the city shall be granted, assigned transferredtor otherwise conveyed to, or vested in, the purchaser or purchasers, or any other person or persons, by his or their direction, when the consideration or value of the interest oriproperty conveyed (exclusive of the value of any lien or encumbrances remaining thereon at the time of sale)exceeds $100.00 one hundred dollars, a tax at the rate of 27.5 .``ntsVfor each $500.00 five hundred dollars or fractional part thereof. (Code 1980, § 3.16.020; Ord. No. 7, § 2, 1977) State law reference—Amount of ta'x`‘Revenue and Taxation Code § 11911(b). Sec. 3.16.030. Payment. � Any tax imposed pursuant to section 3.16.020 shall be paid by any person who makes, signs, or issues any document or instrument subject to the tax, or for whose use or benefit the same is made, signed or issued. (Code 1980, § 3.16.030; Ord. No. 7, §.3, 1977) • Sec. 3.16.040. Exemptions. The tax imposed pursuant to this chapter shall not apply to: A. Instruments given to secure a debt (Revenue and Taxation Code § 11921); B. Instruments of the United States or agencies or instrumentalities thereof (Revenue and Taxation Code § 11922); C. Conveyances under reorganization or adjustment plans (Revenue and Taxation Code § 11923); - D. Conveyances under order of Securities and Exchange Commission (Revenue and Taxation Code § 11924); E. Transfers of certain partnership property (Revenue and Taxation Code § 11925); F. Instruments taken in lieu of foreclosure (Revenue and Taxation Code § 11926); Page 59 of 496 G. Any deed, instrument, or other writing which purports to transfer, divide, or allocate community, quasi-community, or quasi-marital property assets between spouses for the purpose of effecting a division of community, quasi-community, or quasi-marital property which is required by a judgment decreeing a dissolution of the marriage or legal separation, by a judgment of nullity, or by any other judgment or order rendered pursuant to the Family Code, or by a written agreement between the spouses, executed in contemplation of any such judgment or order, whether or not the written agreement is incorporated as part of any of those judgments or orders (Revenue and Taxation Code § 11927); • H. Any deed, instrument, or other writing by which realty is conveyed by the statecef Galifer-nom any political subdivision thereof, or agency or instrumentality of either thereof, pursuant to an agreement whereby the purchaser agrees to immediately re- convey the realty to the exempt agency (Revenue and Taxation Code § 11928); 1. Any deed, instrument, or other writing by which the state of California, any political subdivision thereof, or agency or instrumentality of either thereof, conveys to a nonprofit corporation realty the acquisition, construction, or improvement of which was financed or refinanced by obligations issued by the nonprofit corporation on behalf of a governmental unit, within the meaning of Section 1.103-1 (b) ,of Title 26 of the Code of Federal Regulations (Revenue and Taxation Code § 11929); R J. Any deed, instrument, or other writing which-purports to,grant, assign, transfer, convey, divide, allocate, or vest lands, tenements, or realty', or any interest therein, if by reason of such inter vivos gift or by reason of the death of'any person, such lands, tenements, realty, or interests therein are transferred outrightrto, or in trust for the benefit of, any person or entity (Revenue and Taxation Code § 1'1930); as these sections of the Revenue and Taxation Code may be from time to time amended. (Code 1980, § 3.16.040; Ord. No. 7, § 4, 1977) State law reference—Exemptions, and Taxation Code § 11921 et seq. Sec. 3.16.050. Administration. The county recorder shall administer this chapter in conformity with the provisions of ptft 6.7 of Division 2 of the Revenue and Taxation Code § 11901 et seq. and the provisions of any county ordinance adopted pursuant thereto. (Code 1980, § 3.16.050; Ord. No. 7, § 5, 1977) • State law reference—Collection of tax by county, Revenue and Taxation Code § 11931. Sec. 3.16.060. Claims for refund. Claims for refund of taxes imposed pursuant to this chapter shall be governed by the provisions of Chapter 5 (Commencing with Section 5056) of Part 9 of Division 1 of the Revenue and Taxation Code § 5096 et seq of the state. (Code 1980, § 3.16.060; Ord. No. 7, § 6, 1977) State law reference—Refunds, Revenue and Taxation Code § 5096 et seq. CHAPTER 3.20. SALES AND USE TAX* *State law reference—Authority to adopt sales and use tax in the same manner as provided in Revenue and Taxation Code § 7200 et seq., Government Code § 37101; sales and use taxes, Revenue and Taxation Code § 6001 et seq.; uniform local sales and use taxes, Revenue and Taxation Code § 7200 et seq. Page 60 of 496 Sec. 3.20.010. Purpose. The city council declares that the ordinance codified in this chapter is adopted to achieve the following, among other, purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes: A. To adopt a sales and use tax ordinance which complies with the requirements and limitations contained in Part 1.5 of Division 2 of the Revenue and Taxation Code § 7200 et seq.; B. To adopt a sales and use tax ordinance which incorporates provisions identical to those of the sales and use tax law of the state insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.5 of Division 2 of the Revenue and Taxation Code § 7200 et seq.; C. To adopt a sales and use tax ordinance which imposes a tax and provides a measure therefor that can be administered and collected by the state board of equalization in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from the existing statutory and administrative procedures followed by the state board of equalization in administering and collecting the California state sales and use tax; D. To adopt a sales and use tax ordinance which cambe-ad im nistered in a manner that will, to the degree possible consistent with the provisions f part 1.5 of Division 9 of the Revenue and Taxation Code § 7200 et seq. minimize the cost of collecting city sales and use taxes and at the same time minimizethe burden of record keeping upon persons subject to taxation under the provisions"of this chapter. (Code 1980, § 3.20.010; Ord. No. 9, § 4, 19 7) -�\\ State law reference—Required provisions, Revenue and Taxation Code § 7202. Sec. 3.20.020. Short title. The ordinance codified in this chapter shall be known as the "Uniform Local Sales and Use Tax Ordinance." (Code 1980, § 3.20.020; Ord.'No_. 9,§1, 1977) Sec. 3.20.030. Rate. \\ The rate of the sales tax and use tax imposed by this chapter shall be one percent. (Code 1980, § 3.20.030; Ord. No. 9, § 2, 1977) State law reference—Sales tax of one percent or less, Revenue and Taxation Code § 7202(h)(1). Sec. 3.20.040. Operative date of chapter. The ordinance codified in this chapter shall be operative on January 1, 1978. (Code 1980, § 3.20.040; Ord. 9 § 3, 1977) Sec. 3.20.050. Contract with state. Prior to the operative date of the ordinance codified in this chapter, this city shall contract with the state board of equalization to perform functions incident to the administration and operation of this sales and use tax ordinance; provided that if this city shall not have contracted with the state board of equalization prior to the operative date, it shall nevertheless so contract and, in such a case, the operative date shall be the first day of the first calendar quarter following the execution of such a contract rather than the first day of the first calendar quarter following the adoption of the ordinance codified in this chapter. Page 61 of 496 (Code 1980, § 3.20.050; Ord. No. 9, § 5, 1977) State law reference—Contract with the state board of equalization, Revenue and Taxation Code § 7202(h)(4). Sec. 3.20.060. Sales tax imposed. For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the city at the rate stated in section 3.20.030 of the gross receipts of the retailer from the sale of all tangible personal property sold at retail in this city on and after the operative date of the ordinance codified in this chapter. • (Code 1980, § 3.20.060; Ord. No. 9, § 6, 1977) Sec. 3.20.070. Place of sale delineated. For the purposes of this chapter, all retail sales are consummated at the place of business of the retailer, unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a.common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the state or has more than one place of business, the place or places at which the retail sales are consummated shall–be;determined under rules and• regulations to he prescribed and adopted by the state board of equation. (Code 1980, § 3.20.070; Ord. No. 9, § 7, 1977) Sec. 3.20.080. Use tax imposed. An excise tax is imposed on the storage, use or other consumption in this city of tangible personal property purchased from any retailer on and=after the operative date for storage, use or other consumption in this city at the rate stated in section 3.20.030 of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which:delivery is made. (Code 1980, § 3.20.080; Ord. No. 9, §,8, 1977)V l . A� Sec. 3.20.090. Adoption otprovvisrons•of state law. Except as otherwise provided'in this chapter and except insofar as•they are inconsistent with the provisions of Part 1.5 of Division of the Revenue and Taxation Code § 7200 et seq., all of the provisions of Part 1 of Division 2 of the Revenue and Taxation Code are adopted and made a part of this chapter as though fully set forth herein. (Code 1980,.§ 3.20.090; Ord. No. 9, § 9, 1977) Sec. 3.20.100. Limitations on adoption of state law. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, wherever the state is named or referred to as the taxing agency, the name of this city shall be substituted therefor. The substitution, however, shall not be made when the word "state" is used as part of the title of the state controller, the state treasurer, the state board of control, the state board of equalization, the state treasury, or the Constitution of the state; the substitution shall not be made when the result of the substitution would require action to be taken by or against the city, or any agency thereof rather than by or against the state board of equalization, in performing the functions incident to the administration or operation of this chapter; the substitution shall not be made in those sections, including, but not necessarily limited to, ccctions referring to the exterior boundaries of the state, where the result of the substitution would be to provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal Page 62 of 496 property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the state under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or to impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the provisions of that Code: the substitution shall not be made in Revenue and Taxation Code §§ 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828; of the - - . • . . . . _.. -; and the substitution shall not be made for the word "state" in the phrase "retailer engaged in business in this state" in Revenue and Taxation Code § 6203 or in the definition of that phrase in Revenue and Taxation Code § 6203. (Code 1980, § 3.20.100; Ord. No. 9, § 10, 1977) Sec. 3.20.110. Permit not required. If a seller's permit has been issued to a retailer under the Revenue and Taxation Code § 6067, an additional seller's permit shall not be required by this chapter. (Code 1980, § 3.20.110; Ord. No. 9, § 11, 1977) Sec. 3.20.120. Exclusions and exemptions. A. The amount subject to tax shall not include any sales or use tax imposed by the state upon a retailer or consumer. B. The storage, use, or other consumption of tangible personal property, the gross receipts from the sale of which have been subject to tax under asales and use tax ordinance enacted in accordance with Part L5 of Division 2 of the Reveni eiei andNTaxation Code by any city and county, n v county, or city, in this state shall be exempted from the tax due under this chapter. C. There are exempted from the computation ofPthe amount of the sales tax the gross receipts from the sale of tangible personaleicroperty to operators of aircraft to be used or consumed principally outside the city in which thesale is made and directly and exclusively in the use of such aircraft as common carriers ofcp\rsons.or property under the authority of the laws of this state, the United States, or any foreign government. I). In addition to the exemptions,pr ded in Sections 6366 and 6366.1 of the Revenue and Taxation Code §§ 6366 andC6366.)1 the/storage, use, or other consumption of tangible personal property purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this state, the United States, or any foreign government is exempted from the use tax. E. On the operative date of any act of the legislature of the state which amends Sc n-7-202 of the Revenue and Taxation Code 6 7202 or which repeals and reenacts Section 7202 of'the Revenue and Taxation Code 6 7202 to provide an exemption from city sales and use taxes for operators of waterborne vessels in the same, or substantially the same, language as that existing in subdivisions (i)(7) and (0(8) of Seetion 7202 of the Revenue and Taxation Code § 7202 as those subdivisions read on October 1, 1983, the following provisions shall he operative: 1. There are exempted from the computation of the amount of the sales tax the gross receipts from the sale of tangible personal property to operators of waterborne vessels to be used or consumed principally outside the city in which the sale is made and directly and exclusively in the carriage of persons or property in such vessels for commercial purposes. 2. The storage, use, or other consumption of tangible personal property purchased by operators of water-borne vessels and used or consumed by such operators directly and Page 63 of 4% exclusively in the carriage of persons or property of such vessels for commercial purposes is exempted from the use tax. (Code 1980, § 3.20.120; Ord. No. 9, § 12, 1977; Ord. No. 214, § 1, 1983) State law reference—Similar provisions, Revenue and Taxation Code, § 7202(h). Sec. 3.20.130. Amendments. All subsequent amendments of the Revenue and Taxation Code which relate to the sales and use tax and which are not inconsistent with Part 1.5 of Division 2 of the Revenue and Taxation Code shall automatically become a part of this chapter. (Code 1980, § 3.20.130; Ord. No. 9, § 13, 1977) State law reference—Similar provisions, Revenue and Taxation Code § 7202 (h)(3). Sec. 3.20.140. Enjoining collection forbidden. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the state or this city, or against any officer of the state or this city, to prevent or enjoin the collection under this chapter, or Part 1.5 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax req%to be collected. (Code 1980, § 3.20.140; Ord. No. 9, § 14, 1977) . ffr State law reference—Requirements in ordinance, Reyeenue,and Taxation Code § 7202(h). Sec. 3.20.145. Credit for payment of redevelopmenagency sales and use tax. Any person required to pay any tax pursuant to this chapter shall have a credit against the payment of such tax in the full amount of_the\sales and use tax, if any, paid to the Rancho Cucamonga Redevelopment Agency pursuan torts sales and use tax ordinance. (Code 1980, § 3.20.145; Ord. No. 461, § ` , 1991) Sec. 3.20.150. Violation; penalty. \ Any person violating any—of�-provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $500.00 five hundred dollars or by imprisonment/for a period of not more than six months, or by both such fine and imprisonment. \� (Code 1980, § 3.20.150; Ord. No. 9, § 15, 1977) CHAPTER 3.24. PARKS AND RECREATION TAX • • The city council declares a tax on all new residential development within the city for the tole purpose of producing revenue for the acquisition, development and initial equipment of new parks Covernment Code of the state. (Code 1980, § 3.24.010; Ord. No. 8. § 1, 1977) Se.. 3 2A 020 Definition For the purposes of this chapter, the following words shall have the meanings set forth below: A. "City" shall mean the city of Rancho Cucamonga. • • • Page 64 of 496 B. "Residential development" shall include all dwelling units constructed for the first time on open land or when existing structures are remodeled, added to or otherwise altered to increase the development as a separate habitat for one or more persons or each mobile home space designed to contain a mobile home trailer on a semipermanent or permanent basis. D. "Person" includes every person, firm or corporation constructing a dwelling unit directly or (Code 1980, § 3.24.020; Ord. No. 8, § 2, 1977) A tax is imposed in the amounts set forth in this chapter and shall be applicable to every dwelling unit as defined in Section 3.24.020 constructed in the city after the effective date of the (Code 1980, § 3.24.030; Ord. No. 8, § 3, 1977) See r 2e 040 Tax amount Every person constructing any dwelling unit within tl&citytTiliall.pay the city the following: . . . . . .. .. a u.. .. . . B. For each multiple dwelling unit, the sum of f80.00'one hundred eighty dollars; C. For each mobile home unit within a mobil e home park and not on a single lot, the cum of 150.00 one hundred fifty dollars\\`, J (Code 1980, § 3. 4.040; Ord. No. 8, § 1, 197; 04?No. 8 C, § 1, 1981) Sec. 3.21.050. Tax when payable�� \\ �� The tax imposed by this chapter shall be due and payable upon issuance of a building permit t, construction has been commenced Inithe event the building permit is i.cued by an enforcing agency other than the city, tithe mount of the tax shall be paid directly to the city building department and not to the enforcing agency. ! e; • r" ; , . There is established a park development fund. All bums collected pursuant to this chapter ohall be deposited in the park development fund and shall be used solely for acquisition, development and initial equipment of new parks or the expansion of land or services, on existing parks in accordance with the park, parkway and open space clement of the Raneho Cucamonga general plan. (Code 1980, § 3.24.063; Ord. No. 8, § 6, 1977) Sec. 3.21.070. Periodic revision. Inasmuch as the tax set forth in this chapter is based on average costs of land and (Code 1980, § 3.24.070; Ord. No. 8, § 7, 1977; Ord. No. 8 A, § 2, 1980} Page 65 of 496 Sec. 3.24.080. Exemptions. respect to which the dedication of land, or the payment of feet in lieu thereof, or a combination of both for park and reereational purpoccs, hoc been required ac a condition of the final map or parcel (Code 1980, § 3.24.080; Ord. No. 8 B, § 1, 1980) CHAPTER 3.28. CITY-WIDE SYSTEM FEES FOR TRANSPORTATION DEVELOPMENT* *State law reference—Authority to adopt fees to defray cost of transportation facilities, Government Code § 66484.7. Sec. 3.28.010. Purpose. In order to implement the goals and objectives of the circulation element of the city's of Rancho Cucamonga's general plan and to mitigate the traffic impacts caused by new development and redevelopment in the city, certain thoroughfares and bridges must be improved or constructed. . The city council has determined that a development impact fee is needed in order to finance these public improvements and to pay for the development's fair share of the costs of these improvements. In establishing the fee described in the following sections, the city council has found the.fee to be consistent with its general plan and, pursuan to Government Code § 65913.2, has considered the effects of the fee with respect to the city's housing needs as established in the housing element of the general plan. (Code 1980, § 3.28.010; Ord. No. 445, § I(part), 19im State law reference—Refraining to impose restrictions restricting housing development, Government Code § 65913.2. Sec. 3.28.020. Fees established. The city-wide transportation development-fees are hereby established on the issuance of a building permit for development"!or\redevelopment in the city to pay for construction and improvement of thoroughfares/and bridges-The city council shall, in a city council resolution, set forth the specific amount/of the fee,7describe the benefit and impact area on which the development fee is imposed, list<the Nexus Improvement Program and its components specifying the public improvements to be financed, describe the estimated cost of the facilities, describe the reasonable relationship between this fee and the various types of new developments and set forth time of payment. As described in'the fee resolution, this development fee shall be paid by each developer prior to issuance of building permits. On an annual basis, the city council shall review this fee to determine whether the fee amounts are ,reasonably related to the impacts of , developments and whether the described public facilities are still needed. (Code 1980, § 3.28.020; Ord. No. 445, § 1(part), 1991) Sec. 3.28.030. Limited use of fees. A. The revenues raised by payment of the city-wide development transportation fees for the Nexus Improvement Program shall he placed in separate and special accounts according to each Nexus Improvement Program component, realizing that the railroad crossings and traffic signal components are part of and are to be placed in the city backbone component account, and such revenues, along with any interest earnings on that account, shall he used solely to: 1. Pay for the city's future construction of facilities described in the resolution enacted pursuant to section 3.28.020 above, or to reimburse the city for those described or listed facilities constructed by the city with funds advanced by the city from other sources; or Page 66 of 496 2. Reimburse developers who have been required or permitted by section 3.28.040, to install listed facilities on the Nexus Improvement Program. B. When each fee levied by this section is determined, then each of the then-existing city general overhead and applicable departmental overhead rates shall be added to the fee and collected. Amounts collected as overhead rates shall be transferred from the transportation development fee fund to the city general fund to defray the cost reasonably borne of the collection and administration of the fees imposed by this chapter. (Code 1980, § 3.28.030; Ord. No. 445, § 1(part), 1991) Sec. 3.28.040. Developer construction of facilities. Whenever a developer is required, as a condition of approval of a development permit, to construct a public facility described in a resolution adopted pursuant to section 3.28.020 which facility is determined by the city to have supplemental size, length or capacity over that needed for the impacts of that development, and when such construction is necessary to ensure efficient and timely construction of the facilities network, a reimbursement agreement with the developer and a credit against the fee, which would otherwise be charged pursuant to this chapter on the development project, shall be offered. The reimbursement amount shall not include the portion of the improvement needed to provide service or mitigate them ed for the facility or the burdens created by the development. The total amount available for reimbliThe ment in any year shall be at the discretion of the city engineer. (Code 1980, § 3.28.040; Ord. No. 445, § 1(part), 1991) Sec. 3.28.050. Fee adjustments. A. A developer of any project subject to the.,fee described in section 3.28.020 may apply to the city council for a reduction or adjustment tothat-fee, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus between the traffic impacts of that development and either the amount or the fee charged br.the type of facilities to e be financed. The application shall be made in writing and filed withhthe city-clerk not later than: Z.-_ `f 1.(-13Ten days prior to the-.public-hearing on the development permit application for the project; or 2.(24-If no development permit is required, at the time of the filing of the request for a building permit. B. The application shall state in detail the factual basis for the claim of waiver, reduction or adjustment. The city council shall consider the application at the public hearing on the permit application or separate hearing held within 60 cixty days after the filing of the fee adjustment application, whichever is later. 'The decision of the city council shall be final. If a• reduction, adjustment or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee. (Code 1980, § 3.28.050; Ord. No. 445, § l(part), 1991) CHAPTER 3.32. SPECIAL GAS TAX FUND* *State law reference—Motor vehicle fuel tax, Revenue and Taxation Code § 7301 et seq.; local vehicle fuel tax, Revenue and Taxation Code § 9501 et seq.; highway users tax account, Streets and Highways Code § 2100 et seq. Page 67 of 496 Sec. 3.32.010. Created. To comply with the provisions of the Streets and Highways Code § 2113 of-and to avail itself of its benefits of Streets and Highways Code §§ 2106 and 2107 thereof, there is created in the city treasury a special fund to be known as the "Special Gas Tax Street Improvement Fund." (Code 1980, § 3.32.010; Ord. No. 3, § 1, 1977) Sec. 3.32.020. Deposit of funds. All moneys received by the city from the state under the provisions of the Streets and Highways Code for the acquisition of real property or interests therein or for engineering or for the construction, maintenance or improvement of streets or highways by the city, and all interest received from the investment thereof, shall be paid into the fund. (Code 1980, § 3.32.020; Ord. No. 3, § 2, 1977) Sec. 3.32.030. Expenditure restrictions. All moneys in the fund shall be expended exclusively for the purposes authorized by and subject to the provisions of the Streets and Highways Code. (Code 1980, § 3.32.030; Ord. No. 3, § 3, 1977) CHAPTER 3.36. ADMISS 4 Sec. 3.36.010. Definitions. For the purposes of this chapter, certain wt • : : 'd rases used in this chapter shall be construed as set forth in this section, unless it i:?::ppare m the entire context that a different meaning is intended. A-Admission means and includes e ry ac, , en ry by a person or patron to any portion of any premises. 13,-Admission price means an. ••,ud•- su . ey, and in addition to or in lieu of money, any valuable consideration paid, give• ,: - 9 in exchange for the right or privilege of admittance to any premises or attending : . t •v.:,r. hand any additional consideration paid, given or received after admission to any pre.. `_ ' exch age for the right or privilege of admission to or use of any portion of such premises or any ommodations or facilities therein located or provided. G-Attend means and include- he terms: "see," "view," "witness," "enjoy," "watch," "be present at," and "participate in." D-Conduct means and includes the terms "operate," "carry-on," "maintain," "keep," "render," "perform,': "hold,""give,""put-on" and "exhibit." . E—Event means and includes every moving picture perf rm n exhibition, fair, meeting, performance, race, dance, demonstration, or attraction at which live participation by human beings or animals is involved, for which a separate or additional admission price is paid for the right or privilege of attending or being admitted to the same. The term "event" also includes the right or privilege of parking a motor vehicle for which a separate or additional admission price is paid for such right or privilege. The term "event" does not include any e—moving picture performance at a movie theatre. F. Operator. Operator includes any person, association, firm, or corporation owning, operating, conducting, directing, managing, or controlling, alone or in conjunction with any other person or as an independent contractor, any event or portion thereof which is subject to any tax imposed by any provision of this chapter. Page 68 of 496 C. Patron. Patron includes any person who pays or, on account of whom is paid, any admission price for the right or privilege of being admitted to any premises for the purpose of attending any event. H. Premises. Premises includes any property, building, structure, enclosure, location or place, whether improved or not, and whether or not the same is owned by any individual person, firm, association, group, or corporation upon which any event is conducted or at or from which any event may be attended. I. Season Pace. Season pass means and includes every season ticket, season pass, passbook, club membership, membership card, association membership or insignia, or other device (other than a service pass), the ownership or possession of which entitles the owner or holder thereof to admission more than one time to any premises. (Code 1980, § 3.36.010; Ord. No. 198, § l(part), 1983; Ord. No. 198-A, § 1, 1983) Sec. 3.36.020. Imposition of tax. There is hereby imposed a tax upon every patron who pays an admission price for admission to, or for the privilege to attend, any event at any premises in the city. Said tax shall be at the rate of ten percent of the admission price. (Code 1980, § 3.36.020; Ord. No. 198, § 1(part), 1983) Sec. 3.36.030. Season pass. If admission or attendance is under or by virtue of\aseason pass for which any admission price has been paid, the tax due thereon shall he paid and collected at the time and place that such season pass is purchased. \\\\ (Code 1980, § 3.36.030; Ord. No. 198, § 1(part);=1 983)-. Sec. 3.36.040. Collection and payment:\ The tax imposed by section 3.361020 hall_be paid at the time when and the place at which the admission price is paid. Said tax shall lie collected by the person charging for such admission. (Code 1980, § 3.36.040; Ord. No.1.98, §,l(part), 1983) Sec. 3.36.050. Accounting a dcpayme t to the city. On or before the tenth day of a ch month, any person required to collect the tax imposed by section 3.36.020 shall render On duplicate) an accounting to the city of all such taxable admissions during the month preceding such accounting. Such accounting shall be filed with the finance director at the office of said director in the city hall, and, at the time of such filing, the person collecting such tax shall then and there pay to the finance director all amounts so collected as taxes under this chapter, as shown in such accounting. The correctness of such accounting shall be subject to audit by the finance director or his authorized representatives, who are hereby authorized and empowered to inspect and audit the books and records of any and all persons subject to the provisions of this chapter. (Code 1980, § 3.36.050; Ord. No. 198, § 1(part), 1983) Sec. 3.36.060. Form of return for accounting. A. The forms of return to be executed and filed pursuant to the requirements of this chapter shall be such as may be prescribed by or acceptable to the finance director. B. Such returns shall be dated, subscribed by the individual making the statement stating the capacity in which the signer makes the same, and the signer shall certify under the penalty of Page 69 of 496 perjury that the statements made therein are, to the best of his or her information, knowledge and belief, true and correct. (Code 1980, § 3.36.060; Ord. No. 198, § 1(part), 1983) Sec. 3.36.070. Alternate procedure. Upon good cause shown, the city council may, in its discretion, authorize a person required to collect the tax imposed by this chapter to file accountings, or pay over to the city taxes collected, or both, at a time or times or in a manner other than those specified in section 3.36.050. (Code 1980, § 3.36.070; Ord. No. 198, § l(part), 1983) Sec. 3.36.080. Failure to file accountings or to pay over tax. In case of failure: A. To file any accounting required by this chapter, on the date prescribed therefor, unless it is shown that such failure is due to reasonable cause and not due to willful neglect, there shall be added to the amount required to be shown as tax on such accounting ten percent of the amount of such tax if the failure is for not more than one month, with an additional five percent for each additional month or fraction thereof during which such failure continues, not exceeding 50 fifty-percent in the aggregate; • B. To pay the amount shown as tax on any accounting specified in subsection A of this section on or before the date prescribed for paymen ch t of•su tax, unless it is shown that such failure is due to reasonable cause and.not due to willful neglect, there shall be added ..N \\ to the amount shown as tax on such accountrng one percent of the amount of such tax if the failure is for not more than one month, 'with an additional one percent for each additional month or fraction thereof-during which such failure continues, not exceeding 50 fifty-percent in the aggregate.( - (Code 1980, § 3.36.080; Ord. No. 198, § l(part), Sec. 3.36.090. Interest. Z If any amount of tax imposed\by section 3.36.020 is not paid on or before the last date prescribed for payment, interest on such amount at an annual rate of 12 twelve percent shall be paid for the period from the date prescribed for payment to the date paid. (Code 1980, § 3.36.090; Ord. No. 198, § l(part), 1983) • Sec. 3.36.100. Willful failure to account or to pay over tax. Any person required under this chapter to collect, account for, and pay over any tax imposed by section 3.36.020 who willfully fails to collect or truthfully account for and pay over such tax shall, in addition to other penalties provided by law, be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500.00 five hundred dollar°, or imprisoned in the county jail not more than six months, or both. (Code 1980, § 3.36.100; Ord. No. 198, § 1(part), 1983) Sec. 3.36.110. Joint and several liability of operator and person collecting tax. Any person required to collect the tax imposed by section 3.36.020 and the operator of an event are jointly and severally liable to the city for the taxes required to be collected for such event, together with interest and penalties thereon. (Code 1980, § 3.36.110; Ord. No. 198, § 1(part), 1983) Page 70 of 496 Sec. 3.36.120. Maintenance of action. The city may maintain an action in any court of competent jurisdiction to recover the amount of taxes required to be collected under the provisions of this chapter and for interest and penalties thereon and, in addition thereto, the city may, if it is the prevailing party, recover reasonable attorney's fees and its other costs of suit. (Code 1980, § 3.36.120; Ord. No. 198, § 1(part), 1983) Sec. 3.36.130. Payment by operator in lieu of collecting tax. The operator of an event, in lieu of collecting the tax imposed by this chapter from patrons of the event, may elect to pay the city an amount equal to ten percent of the total admission price for such event. (Code 1980, § 3.36.130; Ord. No. 198, § 1(part), 1983) Sec. 3.36.140. Exemptions. This chapter shall not apply to: A. An event which is conducted or sponsored by corporations, and any community chest, fund, or foundation, organized and operated exc ely for religious, charitable, or educational purposes, no part of the net earnings • inures to the benefit of any private shareholder or individual, and the net ings of hich are devoted exclusively to religious, charitable or educational purpose B. An event conducted or sponsored for ,fu ra •' purposes by any political party recognized by the state, by any candi'ate fo o ical office, or by any committee on behalf of such political party or ca,,,idate, provided that the net proceeds from conducting such event are devot --.'t; n. h benefit of such political party or for the election of such candidate. C. To the right or privilege to k "':s.oto ehicle where a charge is made through the use of a meter device and w _ s 4h par?ing is upon a city street or city-owned parking lot. D. To an event which • n. ` te• r sponsored by federal, state or local governmental entity. (Code 1980, § 3.36.140; Ord. NOV, § 1(part), 1983) Sec. 3.36.150. Use of proceeds. All taxes collected under the 'authority of this chapter shall be paid into the general fund of the city. (Code 1980, § 3.36.150; Ord. No. 198, § 1(part), 1983) CHAPTER 3.40. TRANSIENT OCCUPANCY TAX* *State law reference—Occupancy tax, Revenue and Taxation Code § 7280 et seq. Sec. 3.40.010. Definitions. Except where the context otherwise requires, the definitions given in this section govern the construction of this chapter: 1.A. Hotel. Hotel means any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodginghouse, rooming house, apartment house, dormitory, public or private club, mobilehome or house trailer at a fixed location, or other similar structure or portion thereof. Hotel includes ^ mobile home. Page 71 of 496 . !! • • i : • a�•a .•t a ..s. t �S�'a�til_ :�_Ll�! •fit• •ate r.ASS a a a . .• .. • . . . . — • • • -• - - •. . .S„�� lames it l�2�fa• aJ,!�la• aii.=l1a • aJ.a�i•JL Ala a t�.��t . _•• '. .. • .i!• t ate+ -- L.S�S • _ i.• •1Z.1!� e�2,1s . . . . - 11 • •11 - - - S 111 I 1, .. 1. I • 1 1 • • 11 • • •• ♦ - .. . . . . .. . . . . . . . . . . camping contract. ;,_ off ry. aq• - • .-LILS �ai7.ea:av ••u-.- a ...••.•••a i.a..i�liLO a.a�. .a..ia_ia:l1'f� • --. ti 7282. B. Occupancy. Occupancy nMEuas the use or possession or the right to the use or possession of any room or rooms or portion thereof, in any hotel for dwelling, lodging or sleeping purposes. C. Operator. Operator means a person who is proprietor of the hotel, whether in the capacity of owner, lessee, sub-lessee, mortgagee in possession, licensee or any other capacity. Where the operator performs his functions through a managing agent of any type or character other than an • • employee, the managing agent shall also be deemed an operator for the purposes of this chapter and shall have the same duties and liabilities as his principal. Compliance with the provisions of this chapter by either the principal or the managing agent shall, however, be considered to be compliance by both. D. Peroon. Person means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit. E. Rent. Rent means the consideration charged, whether or not received, for the occupancy of space in a hotel valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever. Page 72 of 496 F. Transient. Transient means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of 30 thirty consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel shall be deemed to be a transient until the period of 30 thirty days has expired, unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. In determining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of the ordinance codified in this chapter may be considered. (Code 1980, § 3.40.010; Ord. No. 197, § 1(part), 1983) State law reference—Definitions, Revenue and Taxation Code § 7280. Sec. 3.40.020. Imposition; generally, exception. A. For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of ten percent of the rent charged by the operator. Said tax constitutes a debt owed by the transient to the city which is extinguished only by payment to the operator or to the city. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments; a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon transient's ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the director of-finance may require that such tax shall be paid directly to the director of finance. � B. Notwithstanding any other provision off lawno tax under Revenue and Taxation Code 6 7280 may be levied on any amount subiect to- tai'under the Sales and Use Tax Law (commencing with Revenue and Taxation Code & 6001Nvitlirespect to the sale of food products. For purposes of this subsection, the term "food\products" means food and beverage products of every kind, regardless of how or where served and'shall specifically include, but not be limited to, alcoholic beverages and carbonated beverages of every kind. \ !t (Code 1980, § 3.40.020; Ord. No. 197;§,1(part)�1983) State law reference—Exceptio'r fdod-products, Revenue and Taxation Code § 7282.3. Sec. 3.40.030. Allowance for colleen costs. N r From the full amount of the\tax collected and transmitted to the director of finance pursuant to this chapter, each operator may'deduct and retain as for his administrative expense in the collection of said tax, an amount equal to four percent of the total tax to be paid. (Code 1980, § 3.40.030; Ord. No. 197, § 1(part), 1983) Sec. 3.40.040. Collection by operators. Each operator shall collect the tax imposed by this chapter to the same extent and at the same time as the rent is collected from every transient. The amount of tax shall be separately stated from the amount of the rent charged, and each transient shall receive a receipt for payment from the operator. No operator of a hotel shall advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent, or that, if added, any part will be refunded, except in the manner hereinafter provided. (Code 1980, § 3.40.040; Ord. No. 197, § 1(part), 1983) • Sec. 3.40.050. Registration of hotel operators; issuance and contents of registration certificate. Within 30 thirty days after the effective date of the ordinance codified in this chapter, or within thirty day° after commencing business, whichever i° later, each operator of any hotel Page 73 of 496 renting occupancy to transients shall register said hotel with the director of finance and obtain from him a transient occupancy registration certificate to be at all times posted in a conspicuous place on the premises. Said certificate shall, among other things, state the following: A. The name of the operator; B. The address of the hotel; C. The day upon which the certificate was issued; D. "This transient occupancy registration certificate signifies that the person named on the face hereof has fulfilled the requirements of the uniform transient occupancy tax ordinance by registering with the director of finance for the purpose of collecting from transients the transient occupancy tax and remitting said tax to the director of finance. This certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner, nor to operate a hotel without strictly complying with all local applicable laws, including but not limited to those requiring a permit from any board, commission, department or office of this city. This certificate does not constitute a permit." (Code 1980, § 3.40.050; Ord. No. 197, § 1(part), 1983) Sec. 3.40.060. Filing of report and remittance of tax collected . Each operator shall, on or before the last day of the tmo th following the close of each calendar quarter, or at the close of any shorter reporting period which maybe established by the director of finance, make a return to the director of finance, on=forms provided by him/her, of the total rents charged and received and the amount of tax collected from transient occupancies. At the time the return is filed, the full amount of the tax collectdd\shall be remitted to the director of finance. The director of finance may establish shorter reporting periods for any certificate holder if he deems it necessary in order to ensure collection of(he tax\and he may require further information on the return. Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by operators pursuant to thi s-chapter shall be held in trust for the account of the city until payment thereof is made to the-director of finance. (Code 1980, § 3.40.060; Ord� 197, 4(part), 1983) Sec. 3.40.070. Penalties for delinquent payment. A. Original delinquency. Any operator who fails to remit any tax imposed by this chapter within the time required shall pay a penalty of ten percent of the amount of the tax in addition to the amount of the tax. • B. , Continued delinquency. Any operator who fails to remit any delinquent remittance on or before a period of 30 thirty days following the date on which the remittance first became delinquent shall pay a second delinquency penalty of ten percent of the amount of the tax, in • addition to the amount of the tax and the ten percent penalty first imposed. C. Fraud. If the director of finance determines that the nonpayment of any remittance due under this chapter is due to fraud, a penalty of 25 twenty five percent of the amount of the tax shall be added thereto, in addition to the penalties stated in subsections A and B of this section. D. Interest. In addition to the penalties imposed, any operator who fails to remit any tax imposed by this chapter shall pay interest at the rate of one percent per month, or fraction thereof, on the amount of the tax, exclusive of penalties from the date on which the remittance first became delinquent until paid. E. Penalties merged with tax. Every penalty imposed and such interest as accrues under the provisions of this section shall become a part of the tax herein required to be paid. • Page 74 of 496 (Code 1980, § 3.40.070; Ord. No. 197, § 1(part), 1983) Sec. 3.40.080. Determination of tax by director of finance upon failure of operator to collect and report. If any operator shall fail or refuse to collect said tax and to make, within the time provided in this chapter, any report and remittance of said tax or portion thereof required by this chapter, the director of finance shall proceed in such manner as he may deem best to obtain facts and information on which to base his estimate of the tax due. As soon as the director of finance shall procure such facts and information as he is able to obtain, upon which to base the assessment of any tax imposed by this chapter and payable by any operator who has failed or refused to collect the same, and to make such report and remittance, he shall proceed to determine and assess against such operator the tax, interest and penalties provided for by this chapter. In case such determination is made, the director of finance shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to the operator so assessed, at his last known place of address. Such operator may, within ten days after the serving or mailing of such notice, make application in writing to the director of finance for a hearing on the amount assessed. If application by the operator for a hearing is not made within the time prescribed, the tax, interest and penalties, if any, determined by the director of finance shall become final and conclusive and immediately due and(payable. If such application is made, .the director of finance shall,give not less than five days' writhe nn otice in the manner prescribed herein to the operator to show cause at a time and place f edssaid notice why said amount specified therein should not be fixed for such tax, interest and penalties. At such hearing, the operator may appear and offer evidence why such specified\tax, interest and penalties should not be so fixed. After such hearing the director of finance shall determine the proper tax to be remitted and shall thereafter give written notice to the person iri the manner prescribed herein of such determination and the amount of such tax nterest and penalties. The amount determined to be due shall be payable after 15 fifteen days unless an appeal is taken as provided in section 3.40.090. (Code 1980, § 3.40.080; Ord. No. 197,-§-1}(part)), 1983) Sec. 3.40.090. Appeals. Any operator aggrieved bny sion of the director of finance with respect to the amount of such tax, interest and penalties/11f any, may appeal to the city council by filing notice of appeal with the city clerk within 15 fiti'e'n days of the serving or mailing of the determination of tax due. The city council shall fix a time and place for hearing such appeal, and the city clerk shall give notice in writing to such operator at his last known place of address. The findings of the city council shall be final and conclusive, and shall be served upon the appellant in the manner prescribed above for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of'notice. (Code 1980, § 3.40.090; Ord. No. 197, § 1(part), 1983) Sec. 3.40.100. Records to be kept for three years. It shall be the duty of every operator liable for the collection and payment to the city of any tax imposed by this chapter to keep and preserve, for a period of three years, all records as may be necessary to determine the amount of such tax as he may have been liable for the collection of and payment to the city, which records the director of finance shall have right to inspect at all reasonable times. (Code 1980, § 3.40.100; Ord. No. 197, § 1(part), 1983) Page 75 of 496 Sec. 3.40.110. Enforcement. Any tax required to be paid by any transient under the provisions of this chapter shall be deemed a debt owed by the transient to the city. Any such tax collected by an operator which has not been paid to the city shall be deemed a debt owed by the operator to the city. Any person owing money to the city under the provisions of this chapter shall be liable to an action brought in the name of the city for the recovery of such amount. Except in the case of fraud or the failure of a property owner to file a transient occupancy tax return, the city may institute an action to collect unpaid transient occupancy taxes within four years of the date on which the transient occupancy taxes were required to be paid. (Code 1980, § 3.40.110; Ord. No. 197, § 1(part), 1983) State law reference—Action to collect unpaid tax, Revenue and Taxation Code § 7283.51. Sec. 3.40.120. Disbursement. All moneys received by the city from the collection of transient occupancy tax shall be paid into the general fund. (Code 1980, § 3.40.120; Ord. No. 197, § 1(part), 1983) Sec. 3.40.130. Violations. CM Any person violating any provisions ofthis chapter shall be gi ii lty of a misdemeanor and shall be punishable therefor by a fine of not more than $500.00,fivc_huhdred dollars, or by imprisonment . in the county jail for a period of not more than six months, or by both such fine and imprisonment. Any operator or other person who fails or refuses tregister,as required herein or to furnish any return required to be made, or who fails or refuses to furnish a supplemental return or other data required by the director of finance, or who renders a.false/or fraudulent return or claim is guilty of a misdemeanor, and is punishable as aforesaid\Any-person required to make, render, submit or verify any report or claim who makes any false o fraudulent report or claim with intent to defeat or evade the determination of any amount.due required by this chapter to be made, is guilty of a misdemeanor and is punishable as aforesaid. (Code 1980, § 3.40.130; Ord. Nog17, §(part), 1983) . Y clearance certificate under this section. The city may charge an administrative fcc to cover its cost° in issuing the certificate. • • of th.,n„e follewi=ns . . (1) Iosuc the tax clearance certificate. or former owner's records are made available to the auditing jurisdiction and isouc a tax audit, the city makes a determination that the current owner's records are insufficient to • Page 76 of 496 issue a tax clearance ecrtifieate due to the insufficiency of the prior owner's records. (d) For a tax clearance certificate issued under this section, all of the following apply: • .�.v any- property may rely upon the tax clearance certificate as conclusive evidence of the tax that indicates that tax is due and fails to withhold, for the benefit of the city, sufficient funds in than be held-liable for the amount of tax due and owing on the pr ty: . NN Sec. 3.40.140. Effective date. F\\\ This chapter shall take effect 30 thirty days''after adoption, except that the tax imposed by this chapter shall become operative lily\l, 1 83. (Code 1980, § 3.40.140; Ord. No. 197, § 1(part), 1983) State law reference—Levy of-tax certain properties prior to 1985 validated, Revenue and Taxation Code § 7280. CHAPTER 3.44. MOBILE'SOURCE AIR POLLUTION REDUCTION PROGRAM* Y *State law reference—Vehicular air pollution control, Health and Safety Code § 43000 et seq.; fees to implement state Clean Air Act, Health and Safety Code § 44243 et seq. Sec. 3.44.010. Intent. This chapter is intended to support the South Coast Air Quality Management District's (SCAQMD) imposition of the vehicle registration fee and to bring the city into compliance with the requirements set forth in Health and Safety Code § 44243 in order to receive fee revenues for the purpose of implementing programs to reduce air pollution from motor vehicles. (Code 1980, § 3.44.010; Ord. No. 449, § B, 1991) State law reference—Requirements of ordinance, Health and Safety Code § 44243(6). Sec. 3.44.020. Definitions. As applied in this chapter, the following words and terms are defined as follows: A. "City" means the city of Rancho Cueamonga. Q-Fee administrator means the finance director of the city or his designee. • • Page 77 of 496 R—Mobile source air pollution reduction programs means any program or project implemented by the city to reduce air pollution from motor vehicles which it determines will be consistent with the California Clean Air Act of 1988 or the plan proposed pursuant to Article 5 (commencing with • :1 : - . : - •: •. . : the California Health and Safety Code § 40460 et seq. (Code 1980, § 3.44.020; Ord. No. 449, § C, 1991) Sec. 3.44.030. Administration of vehicle registration fee. A. Receipt of fee. The additional vehicle registration fees disbursed by the South Coast Air Quality Management District (SCAQMD) and remitted to the city pursuant to this chapter shall be accepted by the fee administrator. B. Establishment of air quality improvement trust fund. The fee administrator shall establish a separate interest-bearing trust fund account in a financial institution authorized to receive deposits of city funds. C. Transfer of funds. Upon receipt of vehicle registration fees, the fee administrator shall deposit funds into the separate account established pursuant to subsection B of this section. All interest earned by the trust fund account shall be credited only to that account. D. Expenditure of air quality trust fund revenues. All re enues received from the SCAQMD and deposited in the trust fund account shall be exclusively(expended on mobile source emission reduction programs as defined in section 3:44.020. Such revenues and any interest earned on the revenues shall be expended within one year of the completio'of the programs. E. Audits. The city consents to an audit of--511-,programs and projects funded by vehicle registration fee revenues received from the SCAQMD pursuant to Section 44223 of the Health and Safety Code § 44223. The audit shall be conducted by)an independent auditor selected by the SCAQMD as provided in the Health and Safety.Code§§:44244 and 44244.1(a). (Code 1980, § 3.44.030; Ord. No. 449, § D, 19" 91) \ 3.44.040. Construction. The provisions of this chapter,shaltzbe'construed as necessary to effectively carry out its purposes, which are found and declared to be in furtherance of the public health, safety, welfare and convenience. \ (Code 1980, § 3.44.040; Ord. No. 449, § E, 1991) CHAPTER 3.46. ELECTRIC RULES AND REGULATION • Sec. 3.46.010. General provisions. A. Applicability of electric rules and rate schedules. These rules apply to the electric service area of the utility, except as may be otherwise provided or prescribed by the city council. The director of utilities/city engineer or his or her designee shall interpret the rates and rules. In the event of any dispute or disagreement regarding interpretation of rules or rates, the city council shall determine the applicability of the rule or rate in question. 1. Any person desiring to appeal electric fees, charges and/or requirements, other than charges for monthly service and usage, shall submit a letter of appeal to the director of utilities/city engineer. The appeal will be reviewed by the director and staff and will be scheduled to be considered by city council. 2. Any person disputing a monthly service bill must follow section 3.46.110. B. Special conditions of service. The director of utilities/city engineer or his or her designee may establish and enforce charges for furnishing electricity to any installation of a character not Page 78 of 496 adequately provided for by these rates and rules, provided that such charges shall be consistent with established rates and charges. (Code 1980, § 3.46.010; Ord. No. 736, § 2(exh. 1(part)), 2004) Sec. 3.46.020. Adoption of electric rules and definitions. These electric rules established by the city council are effective throughout the service area of the electric utility. They are subject to the following provisions and definitions: A. All rules are subject to change. Copies of the rules currently in effect will be kept in the office of the utility. Customers or others contemplating any expenditures or activities governed by these rules should assure themselves that they have the current version by contacting contracting the utility. B. For the purpose of these rules and rate schedules, the terms and expressions listed below shall have the meanings set forth as follows: Added facilities means the facilities provided by the utility at the request of the customer which are over and above the utility's standard facilities. See section 3.46.030H. Applicant means a person requesting RCMU to supply or deliver electric service and who will be responsible for all related charges. {\� Application means a written request to the utility for.electric service as distinguished from an inquiry as to the availability or charges for su hlservicer Billing demand means the load or demand—measured in kilowatts, used for computing charges under rate schedules based on the size of the;stomer's load or demand. It may be the connected load, the measured maximum\demand, or a modification of either as provided for by the applicable rate schedule. r-,..\\��� Billing period means the time interval between two consecutive meter readings that are taken for billing purposes. Certified renewable resour"" ce 1provider means a renewable resource provider who has obtained certification from.the state " �` \� . The city is responsible for the management and operation of the utility o behalf of the residents and businecces of the city. "City council" means the city council of the city of Rancho Cucamonga, California. Class of service. Different classes of electric utility service are: general lighting, multiple- phase lighting, combination lighting and power, emergency lighting, single-phase power, polyphase power, welding, x-ray, fire pump, fire alarm, and stand-by power (permitted only where stand-by and normal circuit conductors are in separate raceways and enclosures). Commercial developments consist of two or more enterprises engaged in trade or the furnishing of services (e.g., shopping centers, sales enterprises, business offices, professional offices, and educational or governmental complexes). Completed application means an application that satisfies all of the information and other requirements of the tariff schedules, including any required deposits. Connected load means the sum of the rated capacities of all of the customer's equipment that can be connected to the utility's lines at one time, as more fully described in the applicable rate schedules. Customer means the person in whose name service is rendered as evidenced by the signature on the application, contract, or agreement for that service or, in the absence of a signed instrument, by the receipt and payment of bills or summary bills regularly issued in Page 79 of 496 his or her name regardless of the identity of the actual user of the service. A customer may also be a party with whom the utility is doing business with or without a billing relationship. Customer's mailing address means the address specified in a customer's application or contract, or any other address subsequently given to the utility by the customer, to which any notice, bill or other communication is to be mailed. Date of presentation means the date upon which a bill or notice is mailed, or delivered by the utility, to the customer. Director means director of utilities/city engineer of the city of Rancho Cucamonga. Distribution .line extension means new distribution facilities of the utility that is a continuation of, or branch•from, the nearest available existing permanent distribution line, including any facility rearrangements and relocations necessary to accommodate the distribution line extension, to the point of connection of the last service. The utility's distribution line extension includes converting an existing single-phase line to three-phase in order to furnish three-phase service to an applicant, but excludes service transformers, meters and services. Distribution lines means overhead and underground facilities which are operated at distribution voltages. Distribution system means those distribution facilities"owned, controlled, and operated by the utility that are used to provide distribution service ndersthe tariffs. Edison means Southern California Ediso=Company Electric supply means electric energy or,power. • Electronic transfer means paperless-exchang r e of data and/or funds, usually involving computer and telecommunication technolo�gy gy.\lI J\ Energy diversion means electricity being received by a customer without registering through a meter due to either tampering-with the meter or bypassing the meter. /-N\, Ta 1!_ General service means_service tony lighting or power installation, except those eligible for service on street lighting outdoor,area lighting, residential or stand-by schedules. Heating service mea an svice t any apparatus employing the resistance of conductors to transform electric energy into heat. Hourly metering. See Interval metering. HP means horsepower. . Independent system operator (ISO) means the.California Independent System Operator Corporation, a nonprofit corporation that controls the transmission facilities of all participating transmission owners and dispatches certain generating units and loads. The ISO is responsible for the operation and control of the statewide transmission grid. • Industrial developments consist of two or more enterprises engaged in a process which . creates a product or changes materials into another form or product. Intermittent service means service which, in the opinion of the utility, is subject to discontinuance for a time or at intervals. Interval metering means a metering device capable of recording minimum data required. Minimum data requirements may include 15-minute demand data required to bill the utility's tariffs. kW means Kilowatt. Page 80 of 496 kWh means Kilowatt-hour. • Lighting service means service to any apparatus transforming electric energy into light for all visual purposes, except those specified under power service. Line extension means all facilities, excluding transformer, service connection and meter, required to extend electric service from the utility's existing permanent facilities to the point of delivery to the customer. Mailed means any notice or other communication will be considered mailed when sent by electronic transfer or when it is enclosed in a sealed envelope, properly addressed, and deposited in any United States Post Office box, postage prepaid. Maximum demand means the average kilowatts during the specified time interval when the customer's use is greatest in the billing period as indicated or recorded by the utility's meter. Meter means the instrument used for measuring the electricity delivered to the customer. Meter data management agent (MDMA) means the entity that takes raw meter outputs, validates them using validation, editing and estimating rules, adds corollary information needed to characterize the customer, and makes complete customer information available to others for use in various applications. Metering facilities means the necessary meterstrument transformers, test facilities, data communication equipment, and other associated metering eequipment. Meter service provider (MSP) means the entity that installs, validates, registers, and maintains the physical meter required on a premises measure the required variables. Meter systems mean the meter,cthemeterYreading system and the meter data management server. ( \\\\ Multiple occupancy building means a jhuilding of multiple occupancy provided with continuous outer wall construcfioilinchiding, but not limited to, apartments, condominiums, townhouses and commercial buildings \_ Municipal service meanss util ti y.services supplied to any municipal entity. Nominal voltage means the approximate voltage between conductors in a circuit or system of a given class, assigned for the purpose of convenient designation. For any specific nominal voltage, the operating voltage actually existing at various points and at various times on the system is subject to normal distribution variation. - Otherwise applicable tariff (OAT) means the utility rate schedule that would otherwise apply to the customer from time to time for electrical services to the premises. Paid or payment means funds received by the utility through postal service, the utility payment office, the utility-authorized agent, or deposited in the utility account for electronic transfer. Permanent service means service which, in the opinion of the utility, is of a permanent and established character. This may be continuous, intermittent or seasonal in nature. Person means any individual, partnership, corporation, public agency or other organization operating as a single entity. Point of delivery means the point where conductors of the utility are connected to the conductors of the customer, regardless of the location of the utility's meters or transformers. Utility conductors may be owned, leased or under license by the utility, and the conductors of the customer may be owned, leased, or under license by the customer. Page 81 of 496 Power factor means the ratio of the revenue producing current in a circuit to the total current in that circuit. In terms of power quantities, power factor is the ratio of kW (real power) to the total kVA (total power). Power service means service to apparatus or equipment used for purposes other than lighting shall be considered as power cervice. Lamps or lights used for purposes which, in the opinion of the utility, are not general illumination purposes are classified as power service, such as the following: motion picture projection, motion picture and television production, production of chemical reactions, sterilizing, drying, radiant heating, therapeutic, photographic processing, production of stimulating the growth or yield of agricultural products, pilot or indicating lights on power control equipment, and lighting used as an aid in • the operation of a motor-driven production machine for the purpose of checking tool settings or dial readings, measuring or inspecting the product while on the machine, when the lamps are installed as an integral part of the machine and energized from its power supply. Premises means all of the real property and apparatus employed in a single enterprise on an integral parcel of land undivided, except in the case of industrial, resort enterprises, and public or quasi-public institutions, by a dedicated street, highway, or other public thoroughfare, or a railway. Automobile parking lots constituting a part of and adjacent to a single enterprise may be separated by an alley from the remainder of the premises served. Property means a parcel of real property of record'as shown in the county assessor's maps on file in the office of the county assessor of San Bernardino County. Public purpose programs charge means >non`ypassable surcharge imposed on all retail • sales of electricity to fund public goods research, development and demonstration and energy efficiency activities. ( \j Public utilities commission means the\public utilities commission of the state. of California. ( Pull box means an enclosure for joining conductors which also provides by its size, 9 \1 arrangement, and location the necessary facilities for pulling the conductors into place. This The term "pull box," as used here, �inchides structures also known as "manhole," "hand hold," and "switch board pull section)" A> Qualified cantractor/\�ontractor (QC/S) means an applicant's contractor or subcontractor who: I A. Is licensed in the state G• h -for the appropriate type of work such as, but not • limited to, electrical and general; B. Employs,workmen properly certified for specific required skills such as, but not limited to, plastic fusion and welding. Electric workmen shall be properly qualified (qualified electrical worker, qualified person, etc.) as defined in the state of California High Voltage Safety Orders (Title 8, Subchapter 5, Group 2); 3C. Complies with applicable laws such as, but not limited to, equal opportunity regulations, OSHA and EPA. Qualified customer means, as determined by the utility, those customers having met the criteria and supplied the facilities for electric service under the utility's tariff schedules and/or having special skills and equipment necessary to participate with the utility in business services. Quasi-public institutions means public utilities, educational institutions and hospitals, whether publicly or privately owned, where the property, campus or hospital grounds extend over relatively large areas through which public streets may run. Page 82 of 496 Rate area means a specified area within which a rate schedule or schedules apply. Rate charges means charges in the rate schedules. These charges may include the following: Added facilities charge means the fee collected by the utility for the installation and use of added facilities equipment. Customer charge means that portion of the charge for service which is a fixed amount without regard to connected load, demand, or energy consumption in accordance with the rate schedule. • Demand charge means that portion of the charge for service which varies with the billing demand in accordance with the rate schedule. Energy charge means that portion of the charge for service which varies with the quantity of energy consumed in accordance with the rate schedule. Minimum charge means the least amount for which service will be rendered in accordance with the rate schedule. Service charge means that portion of the charge for service which is a fixed amount based on connected load in accordance with the rate schedule. Standby charge means that portion of the charge fo tsr andby service which is a fixed amount based on the maximum load the utilitystands ready to supply in accordance with the rate schedule. \ Rate schedule means one or more tariff pages setting forth the charges and conditions for a particular class or type of service at a given location. A rate schedule, as referred to herein, shall include all the wording on the applicable tariff,page or pages, such as, but not limited to, the following: schedule number, class of sery ica character or applicability, territory, rates, conditions, and reference to rules. \\ {� Rules means tariff pages/which set forth the application of all rates, charges and services when such applicability is not et forth in and as a part of the rate schedules. • Scheduling coordi.nato(S)means an entity certified by the Federal Energy Regulatory Commission that acts as a go-hetween with the ISO on behalf of generators, supply aggregators (wholesale marketers). retailers and customers to schedule the supply and consumption of electricity. v Service wires or connection. means the group of conductors, whether overhead or underground, necessary to connect the service entrance conductors of the customer to the utility's supply line, regardless of the location of the utility's meters or transformers. An overhead service connection, sometimes referred to as a service drop, is the group of conductors between the customer's building or other permanent support and the utility's adjacent pole. Service extension means and consists of the service wires or connections as above defined. Single enterprise means a separate business or other individual activity carried on by a customer. The term "single enterprise" does not apply to associations or combinations of customers. Small customer/applicant means applicants for service and customers served under domestic rate schedules and schedules SC, AL-2, LS-3 and TC-1. Small commercial customer means customers served under schedules GS-1, TOU-GS-1 and TOUEV- 3. • • Page 83 of 496 Standby service means service supplied to customers who normally obtain their power requirements from sources other than the utility. Under this service, the utility provides a permanent service connection to supply the customer's contracted load in accordance with the provisions of the standby schedule. Street lighting service means service to any lighting apparatus used primarily for the illumination of streets, alleys, highways or other public ways. Summary bill means a customer account statement that includes charges for multiple service accounts. Tariff schedules means the entire body of effective rates, rentals, charges, and rules collectively of the utility, as set forth in this chapter, and including title page, preliminary statement, rate schedules, lists of contracts and deviations, rules and sample forms. Temporary service means service for enterprises or activities which are temporary in character or where it is known in advance that service will be of limited duration. Service, which in the opinion of the utility, is for operations of a speculative character or the permanency of which has not been established, also is considered temporary service. Tract or subdivision means an area for family dwel ' 1.t which may be identified by filed subdivision plans or as an area in which a group of dw.- n:s may be constructed about the• same time, either by a large scale builder or by se 1. ,-,i ` -:a s working on a coordinated basis. lk Utility means the Rancho Cucamonga Mu. cipUtility (RCMU). RCMU is responsible for the management and operation of the u itv '''1, •e'is-i of the residents and businesses of the city. {i;, Utilities administrative resource PB,_•'''M;. :-:ns the utilities administrative resource manager appointed by the director of, tilitie ;, ity engineer or his or her designee. Utility operating convenie oi.-.:ns nd refers to the utilization, under certain circumstances, or facilities o.tpr tice ' of ordinarily employed which contributes to the overall efficiency of utility o e a,' it-does not refer to customer convenience nor to the use of facilities or adoption of tic- equired to comply with applicable laws, ordinances, rules or regulations, or similar irem• is of public authorities. Violence means and i des, but is not limited to, death or injury with a weapon, inflicting bodily harm, allowing animals to attack, physically detaining an employee against his or her will, and/or tearing employee's clothing. X-ray service means service to any apparatus transforming electric energy into radiation similar to light but having wavelengths from 0.0006 to 2 angstroms. Zones Zones are defined by zip code for purposes of establishing discretionary service fees. (Code 1980, § 3.46.020; Ord. No. 736, § 2(exh. l(part)), 2004) Sec. 3.46.030. Description of electric service. A. General. 1. The character of service available at any particular location should be ascertained by inquiry at the utility's office. 2. The rate schedules included in this chapter are applicable to both electric service and utility services provided beyond the utility's point of delivery. • Page 84 of 496 3. The rate schedules included in this chapter are applicable for service where the customer purchases its entire electrical requirements from the utility, except where such schedules specifically provide otherwise, and are not applicable where a part of the customer's electrical requirements are supplied from some other source. 4. The rate schedules included herein are only applicable for service provided from underground distribution facilities, except where schedules specifically provide otherwise. 5. Alternating current service of approximately 60-cycle frequency will be supplied. 6. Voltages referred to in the tariff schedules are nominal voltages. 7. Each service shall have a service main disconnecting device with an ampere rating equal to or less than the ampere rating of the underground pull section and the service conductors. The total ampere rating of the service main disconnecting devices, including taps to underground pull section, shall be equal or less than the ampere rating of the service conductors. B. Phase and voltage specifications. • 1. Customer service voltages. trIAH a. Under all normal load conditions, distribution ccireuits will be operated so as to • maintain secondary service voltage levels ustomeis within the voltage range specified below: / \ Nominal Two-Wire Minimum Voltage Maximum Service Maximum Service and Multi-Wire to All'Services Voltage on Voltage on Service Voltage � Residential and Agricultural and Commercial Industrial Distribution Distribution A n Circuits Circuits•120 <<� lam;; '114 - 120 126 208 K\ Y 197>' 208 218 240 \\N- 228 240 252 277 263 277 291 480 456 480 504 b. Exceptions to voltage limits. Voltage may be outside the limits specified when the variations: (1) Arise from the temporary action of the elements; (2) Are infrequent momentary fluctuations of a short duration; (3) Arise from service interruptions; (4) Arise from temporary separation of parts of the system from the main system; (5) Are from causes beyond the control of the utility. 2. Customer utilization voltages. a. All customer-owned utilization equipment must he designed and rated in accordance with the following utilization voltages specified by the American National Standard C84.1 if customer equipment is to give fully satisfactory performance. • Page 85 of 496 Nominal Minimum Maximum Utilization Voltage Utilization Voltage Utilization Voltage • 120 110 125 208 191 216 240 220 250 277 254 289 480 440 500 h. The difference between service and utilization voltages is allowances for voltage drop in customer wiring. The maximum allowance is four volts (one hundred twenty 120- volt base) for secondary service. c. Minimum utilization voltages from American National Standard C84.1 shown for customer information by the utility has no control over voltage drop in customer's wiring. d. The minimum utilization voltages shown subsection(B)(2)(a). of this section, apply for circuits supplying lighting loads. The>4tnimum secondary utilization voltages specified by American National Standard\C84\1 for circuits not supplying lighting loads by 90 ninety percent of nominahvoltages (180 one hundred eighty volts on eae hunch ed-t my 120-volt base) for normal service. e. Motors used on 208-two hundred`eight volt systems should be rated 200 two • hundred volts or (for smallCsingle,-phase motors) 115 one 'hundred fifteen volts. Motors rated two hundred thirty 230 volts will not perform satisfactorily on these systems and should not-be used. Motors rated 220 two hundred twenty volts are no longer standard, but-many of them were installed on existing two hundred eight 208- volt systems on the assumption that the utilization voltage would not be less than • 187 one hundretre ghty even volts (90 ninety-percent of 208 two hundred eight volts). A� 3. Single-phase service. a. General. YYYYYY • Voltage Minimum Load Maximum Load Required Allowed 120 volts None 1-15 amp and 1-20 amp branch circuit 120/240 or 240 None 400 amp main volts switch 240/480 volts 15kVA 200 amp main switch 2,400 volts or over Varies with 40 amp main location switch • Page 86 of 496 b. The maximum size °--e hund_ea twent- 120-volt single-phase motor allowed is one hp, and the maximum size two hu drea forty 140-volt, or higher voltage, single- phase motor allowed is ten hp. c. Single-phase service may be supplied to installations having a proposed main service switch in excess of the switch capacities specified in this section, provided the approval of the utility has been first obtained as to the number and size of switches, circuits and related facilities. ofie--hurca�twcnty120/24 volt installations will be supplied by one of the following methods as determined by the utility: (1) From two or three separate one hundred twonty120/240t°•o �.,•..drea f rty volt service connections at one location. Energy so supplied will be totalized for billing purposes. The connected load on any service connection shall not be greater than twice that on any other service connection; (2) From one 120/24 volt connection where the proposed main service switch does not exceed 600 nix hundred amperes capacity. d. Where RCMU maintains four-wire wye-tonne• Pr-S' one hundred t°•°nty120/208twe hundred-eight volt secondary mains, single- -{ -. mi. a is supplied at one-hundred twenty120/208two hu dreg eight volts, t e-wire, for hich the maximum allowed is a 200 two hundred ampere main swi I.1Dads"in excess of a 200 two hundred ampere main switch will be suppli 120/20 tight volts, four-wire. 4 . Three-phase service. a. General. Voltage . im Maximum Demand Maximum Main 7 '• • - -d Load Allowed Switch Capacity uired Allowed 240 volts 3 k IA 1,000 kVA 4,000 amperes 277/480 volts 25 kVA 3,000 kVA 4,000 amperes 2,400 volts or 4,160 Varies w/ location 12,000 kVA 3,000 amperes volts 12,000 volts or Varies w/location 30,000 kVA Not specified 16,500 volts b. Where three-phase service is supplied from a four-wire wye-connected twenty120/208 w hundred ght volt service, the maximum demand allowed is 1.000 one-thousand-kVA. c. Service to all loads of 1.000 one eufiaadkVA maximum demand, or over, must be approved by the utility as to adequacy of facilities for service. d. Loads on three-phase service must be balanced between phases in accordance with good engineering practice. e. Three-phase service may be supplied to installations having a proposed main service switch in excess of the switch capacities specified in this section, provided approval of the utility has first been obtained as to the number and size of switches, circuits Page 87 of 496 and related facilities. Such service will be supplied from two or three separate service connections at one location. Energy supplied in this manner will be totalized for billing purposes. The loads will be balanced as closely as practicable between the services. 45. Combined single-phase service and three-phase service. a. Service may be supplied at 12 /20 four-wire wye-connected where the utility does not maintain four-wire secondary poly-phase mains, provided: (1) Written application is made for such service by the customer; (2) The customer's load is of such a size as to require an individual transformer installation of not less than 15 fifteen-kVA of transformer capacity; and (3) A customer provides space acceptable to the utility on this premises to accommodate the installation of the utility's facilities when, in the opinion of the utility, such space is considered necessary. b. In underground areas where the utility maintains 12 /208-twe l Elred-eiglit volt or t„=„ hundrea f rty 240-vo tr hree-phase mains, service may be supplied at 277 two hundred . nt.. , n/4 volts, four-wire, provided: (1) Written application is made for suc =, �;� by * e customer; and (2) The customer provides space :, e• : ■le of he utility on his or her premises to accommodate the installatio of the ility's facilities when, in the opinion of the utility, such space is c• •.i. ed ne essary. c. The maximum demand allo ante: ,r combined single-phase and three-phase are as set forth in subsection B.3 o his se ion. 5-6. At the option of the utili , t- a i 'oltage and phase specifications may be modified because of the service co . ,-: : . he location involved. C. Motor protection ca :znip ,'.•.t. Customer's motor equipment must conform to the following requirements: 1. Motors that cannot be Aafely subjected to full-rated voltage on starting or that drive machinery of such a nature that the machinery, itself, or the product it handles will not permit the motor to resume normal speed upon restoration of normal supply voltage shall • be equipped with devices that will disconnect them from the line upon failure of supply voltage and.that will prevent the automatic reconnection of the motors upon restoration of normal supply voltage. 2. All motors of one hp or larger shall be equipped with thermal relays, fuses or other automatic overcurrent interrupting devices to disconnect completely such motors from the line as a protection against damage due to overheating. 3. Three-phase motors driving elevators, hoists, tramways, cranes, conveyers or other equipment, which would create hazard to life in the event of uncontrolled reversal of motor rotation, shall be provided with reverse-phase and open-phase protection to • disconnect completely the motors from the line in the event of phase reversal or loss of one phase. 4. Wind machines thermostatically controlled with automatic reclosing switches must be equipped with suitable time-delay devices, as hereinafter specified, at the customer's Page 88 of 496 expense, to permit the required adjustment of the time of re-closure after interruption of service. A suitable time-delay device, within the meaning of this section, is a relay •or other type of equipment that can be preset to delay with various time intervals the re-closing of the automatic switches (and the consequent starting up of the electric motors on the wind machines) and to stagger the reconnection of the load on the utility's system, and such device must be constructed so as effectively to permit a variable overall time interval of not less than five minutes with adjustable time increments of not greater than ten seconds. The particular setting to be utilized for each separate installation is to be determined by the.utility from time to time in accordance with its operating requirements, and the customer is to obtain from the utility the setting for each installation as thus determined. D. Allowable motor starting currents. 1. The starting current drawn from the utility's lines shall be considered the nameplate locked rotor current or that guaranteed by the manufacturer. At its option the utility may determine the starting current by test, using a stop ammeter with not more than 15 fifteen percent overswing or an oscillograph, disregarding the value shown for the first ten cycles subsequent to energizing the motor. 2. If the starting current for a single motor exceeds the-value stated in the following tables, reduced voltage starting or other suitable means must be)employed at the customer's expense, to limit the current to the value specified,;xcept where specified exemptions are provided in subsection D.2, 3, and 4 of this sect on. TABLE 1 Alternating CurrentSingle-phase Motors Allowa le Locked'/Rotor Currents Standard nominal Voltages of the utility are as follows: Rated Size'.A YY� 120 Volts 240 Volts 1 hp and les \ . 50 amperes 36 amperes 1 /2hp _ 48 amperes 2 hp 60 amperes 3 hp 80 amperes 5 hp 120 amperes 7 /hp 170 amperes 10 hp 220 amperes • TABLE 2 Alternating Current -- Three-phase Motors Allowable Locked Rotor Currents Rated Size 240 Volts 480 Volts 2,400 Volts Page 89 of 496 3 hp 64 amperes 32 amperes • 5 hp 92 amperes 46 amperes 7 % hp 127 amperes 63 amperes 10 hp 162 amperes 81 amperes 15 hp 232 amperes 116 amperes 20 hp 290 amperes 145 amperes 25 hp 365 amperes. 183 amperes 30 hp 435 amperes 218 amperes 40 hp 580 amperes 290 amperes 50 hp 725 amperes 363 amperes 70 amperes 60 hp 435 amperes 87 amperes 75 hp 535 amperes 107 amperes 100 hp 725 amperes 142 amperes A a. Over 100 hp -- The utility should be for allowable locked rotor currents. b.2- Where service conditions permit,sublect to the utility's approval, reduced- voltage starters may be omitted in the original installation until such time as the utility may order the_installationof a reduced-voltage starter to be made, � �� and, similarly, the utility may at any time require starting current values lower than set forth herein where conditions at any point on its system require such reduction to avoid,in�rfe ce,with service. c.� Reduced-voltages tasters may be omitted on any motor of a group installation provided that its st king current does not exceed the allowable starting current of the largest motor of-the group. d.4- A reduced-voltage starter may be omitted on any motor in a group installation provided that its starting current does not exceed three times the maximum . demand in amperes of the entire installation. E. Interference with service. 1. Customers who operate equipment which causes detrimental voltage fluctuations (such as, but limited to, hoists, welders, radio transmitters, X-ray apparatus, elevator motors, compressors and furnaces) must reasonably limit such fluctuations upon request by the utility. The customer will be required to pay for whatever corrective measures are necessary. 2. Prior to the installation of any new arc furnace or design modification of an existing furnace, the customer shall provide basic design information for the installation to aid the utility in determining a method of service and the allowable level of load fluctuations. 3. Any customer who superimposes a current of any frequency upon any part of his or her electrical system, other than the current supplied by the utility shall, at his or her expense, prevent the transmission of such current beyond his electrical system. Page 90 of 496 F. Power factor. The utility may require the customer to provide, at his or her own expense, equipment to increase the operating power factor of each complete unit of neon, fluorescent or other gaseous tube lighting equipment to not less than 90 aety-percent, lagging or leading. G. Wave form. The utility may require that the wave form of current drawn by equipment of any kind be in conformity with good engineering practice. H. Added facilities. 1. Where an applicant requests and the utility agrees to install facilities which are in addition to, or in substitution for the standard facilities the utility would normally install, the costs thereof shall be borne by the applicant. Such costs shall include continuing ownership costs as may be applicable. Unless otherwise provided by the utility's filed tariff schedules, these added facilities (special facilities) will be installed, owned and maintained or allocated by the utility solely as an accommodation to the applicant. Added facilities are defined as: a. Facilities requested by an applicant which are in addition to or in substitution for standard facilities which the utility would normally provide for delivery of service at one point, through one meter at one voltage class nder its tariff schedules; or b. A pro rata portion of the facilities requested b, an a•plicant, allocated for the sole use of such applicant, which would not normall i i'+' ated for such sole use. Added facilities may include, but are not limited to, NI of :-, .ipment normally installed by the utility in the development of its electrical dis iystems and facilities or equipment related to the utility's provision of service to a cu- .mstomer's receipt or utilization of the utility's electrical energy. Added facilities also 'dude he differential costs for equipment for electrical distribution systems designed b„ 'ty •°hick, in the utility's sole opinion, is in excess of equipment required by the utilit s sta.-;: serving system. Added facilities may include poles, lines, structures, fixtures, trans mers, :ervice connections, load control devices and meters. However, the installation o -te . : . e of recording and providing interval data that are in addition to or in substitut'. :tandard meters shall be provided under the provisions of subsection J of this section ..' : .'. ! '" 2. Added facilities will 'e i, :ta :5a`under the terms and conditions of a contract in the form on file with the utili"°,,,.,Such contract will include, but is not limited to, the following terms and conditions: - a. Where new facilities are to be installed for applicant's use as added facilities, the. applicant shall advance to the utility the additional installed costs of the added facilities over the cost of standard facilities. b. The following monthly ownership charges include a replacement component 'into perpetuity and are applicable to added facilities contracts: (1) Applicants being served by the utility-financed added facilities shall pay a monthly charge of 448-1.46 percent of the cost associated with the added facilities; (2) Applicants being served by the customer- financed added facilities shall pay a monthly charge of 0.430.47 percent of the cost associated with the added facilities; (3) Where existing facilities are allocated for applicant's use as added facilities, the applicant shall pay a monthly charge for the added facilities of 1.38 1.46 percent of the utility's reconstruction cost new less depreciation value of that portion of the existing facilities which are allocated to the customer as added facilities. Page 91 of 496 c. Where the utility agrees to provide replacement options, the applicant shall pay the following monthly ownership charges: RCMU-Financed Without With replacement replacement 20-year term perpetuity Monthly Rate -1.33% 1.32 L34% Customer Financed Without With replacement replacement 20-year term perpetuity Monthly Rate 046-0.33% 0.37 0.35% • Under these options, where existing facir F':. cated for applicant's use as added facilities, the applicant shall pay : m. thly nership charge equal to the applicable RCMU-financed monthly rate. •Clfinanced monthly rate will be applied to RCMU's reconstructio •e .' -ss the depreciation value of that portion of the existing facilities , hich e allocated to the customer as added facilities. d. Where the utility determin : the ",ec''on of continuing monthly ownership charges is not practicable, the app ant w e be required to make an equivalent one-time payment in lieu of the :,'F t •4'rship charge. The applicable payment options, if any, will be selectee} '% by the utility. e. All monthly ow 'p >,arges shall be reviewed and re-filed with the city council when change cu in t utility's costs for providing such service. However, the utility will not re if the utility's cost change is less than ten basis points. 3. The utility shall not be able for any loss, damage, or injury arising from the utility's installation, operation, maintenance, or control of the added facilities, unless such loss, damage or injury results from the utility's sole negligence, and, in no event, shall the utility be liable for loss of profits, revenues or other consequential damages. No adjustment shall be made to reduce the billings if damage to, or malfunction of, the added facilities result from any cause other than the negligence or willful acts of the utility. I. Welder service. 1. Rating of welders. Electric welders will be rated for billing purposes as follows: a. Generator arc welders. The horsepower rating of the motor driving a motor generator type arc welder will be taken as the horsepower rating of the welder. b. Transformer arc welders. Nameplate maximum kVA input (at rated output amperes) will be taken as the rating of transformer type arc welders. c. Resistance welders. Resistance welder ratings will be determined by multiplying the welder transformer nameplate rating (at 50 fifty percent duty cycle) by the appropriate factor listed below: Page 92 of 496 Factor Type of Welder Transformer Utility-owned Customer-owned Nameplate Distribution Distribution +Rating @ 50% Transformer Transformer Duty cycle Rocker Arm, Press 20 kVA or less 0.60 0.50 or Projection Spot Rocker Arm or Over 20 kVA, incl. Press Spot Projection Spot 21 to 75 WA, incl. 0.80 0.60 • Flash or Butt 100 kVA or over Seam or Portable All sizes Gun Flash or Butt 67 to 100 kVA, incl. * Project Spot Over 75kVA Flash or Butt 66 kVA or less / 1.20 r-- 0.90 *Each flash or butt welder in this grouwine d at 80 kVA where the distribution transformer is owned by the utility or 60 kVA where the distribution transformer is owned by the customer. d. Ratings prescribed by subsection Pl.a, b and c of this section normally will be determined from nameplate\data from data supplied by the manufacturer. If such data are not available or are believed by either the utility or customer to be unreliable, the rati g will-be:determined by test. e. If established by seals approved by the utility, the welder rating may he limited by the sealing of taps;which provide capacity greater than the selected tap and/or by the interlocking lockout*one or more welders with other welders. f. When conversion of units is required for tariff application, one welder kVA will be taken as one horsepower for tariffs stated on a horsepower basis and one welder kVA will be taken as one kilowatt for tariffs stated on a kilowatt basis. 2. Billing of welders. Welders will be billed at the regular rates and condition's of the tariffs on which they are served subject to the following provisions: a. Connected load type of schedule. Welder load will be included as part of the connected load with ratings as determined under subsection I.1 of this section based on maximum load that can be connected at any one time and no allowance will be made for diversity between welders. b. Demand metered type of schedule. Where resistance welders are served on these schedules, the computation of diversified resistance welder load shall be made as follows: Multiply the individual resistance welder ratings, as prescribed in subsections I.l.c through I.I.f of this section, by the following factors and add the results thus obtained: Page 93 of 496 1.0 times the rating of the largest welder 0.8 times the rating of the next largest welder 0.6 times the rating of the next largest welder 0.4 times the rating of the next largest welder 0.2 times the rating of all additional welders If this computed diversified resistance welder load is greater than the metered demand, the diversified resistance welder load will be used in lieu of the metered demand for rate computation purposes. J. Interval metering-and other metering facilities as added facilities. 1. This subsection is applicable to the installation of interval metering and/or metering facilities that are not part of other transmission and distribution facilities installed as added facilities under subsection H of this section--3,46:02414. 2. Interval metering and/or metering facilities may include, but are not limited to, the components as defined in section 3.46.020 under "interval metering" or "metering facilities." .•,.. 3. Where a customer elects, and the utility agrees, the ill• install, own, and maintain interval metering and/or metering facilities w.ini are in :e.dition to, or in substitution for, standard equipment for the customer's µ-•. ' .e dots of such equipment shall be borne by the customer. 4. The costs of interval metering shall be the c •, •rs cost. 5. Interval metering and/or metering ch es. a. Interval metering and/or melt. cihties will be installed, owned, and maintained under the terms of and conditions f a contract. Where a customer requests, the utility may agree to . 9 °._.z,e a ,torval metering and/or metering facilities. b. Other charges. For s• • '• 2 'y,1 ed interval metering and/or metering facilities, the customer sha i Al, t maintenance and testing charges in accordance with . _ - _ _ - rat and charges listed in the schedule of electric fees and charges adopted e resolution by the city council. This charge shall include repair and/or replacement 3. the interval metering and/or metering facilities, as necessary to provide for continued operation. The customer shall remain liable for repair or replacement due to damage from misuse, or hazards such as fire, theft or vandalism. The customer shall pay the maintenance and testing charges for the interval ' metering and/or metering facilities during the useful life of such equipment, under the terms and conditions set out in the IMMFA. c. The utility will update the installation, purchasing, maintenance and testing costs, and the monthly capital-related charges when changes occur in the utility's costs for providing such services and will file these updates with the city council. J-K. Change of connected load. If a customer Plans to make any significant change either in the amount or character of the electrical load connected to their service, the customer shall give the utility written notice in sufficient time for the utility to modify its service facilities, if necessary. before the customer makes the changes. The cost of modifying the utility's facilities will be charged to the customer in accordance with section 3.46.170. (Code 1980, § 3.46.030; Ord. No. 736, § 2(exh. 1(part)), 2004) Page 94 of 496 Sec. 3.46.040. Application for service. A. Application,for service. 1. All applicants for electric service have given implied consent to receive such service only upon agreeing to comply with the rules and regulations of the utility. Each applicant for electric service may be required to sign an application on a form provided by the utility; however, at the option of the utility, an oral request for service may be accepted. Each applicant may be required to furnish the following information: 4-a. Legal name of applicant; 2-b. Date and place of application; c. Location of premises to he sewed; 4. d. Social security number or tax ID number; e. Purpose for which electric service is to be used; 6-f. Address to which hills are to be mailed or delivered; g. Whether applicant is tenant of, or agent for, the premises; 8,h.Square footage of space to be sewed and typicahhoours of operation; • i. Desired service voltage and main switch size? • 4&1 A completed electric information sheet anity approved plans for the premises • to be served; tr—S\\ k. Rate schedule desired where an optional rate is available; 4 1. Information to establish credit—worthiness of the applicant; \\y 43 m. Information pertinent to the design, installation, maintenance or operation of facilities, and to the administration of the utility's electric tariffs; 44 n. Such other information as the utility may reasonably require. 2. If an existing electric ser icecOnnection is found to be inactive at the time of application, which may include;but not beYlimited to, damages to the connection and/or replacement of the meter, an assessment will be made of the electric service connection and a fee shall be charged on a time and material basis to recover the cost of re-establishing the service to an active status. 3. A new account setup fee shall be charged to offset the cost of creating accounting and computer records, reading the meter and/or turning on the electric service and shall be • included on the first utility bill of all new accounts. The charge for the new account setup • fee is set forth in the rate schedule. 4. The application is a request for service and does not in itself bind the utility to serve except under its filed tariff, nor does it bind the applicant/customer to take service for a longer period than the minimum requirements of the rate schedule. A contract will be required as stated in this section 3.46.040 or in any applicable tariff. 5. Upon acceptance and approval of the application, the utility agrees to furnish and the applicant agrees to take electric service in accordance with the utility's applicable tariff schedule. These tariff schedules constitute the terms and conditions of the agreement between the utility and the applicant/customer for public utility electric service provided, unless agreed otherwise in writing. B. Individual liability for joint service. Two or more persons who join in one application or contract for service shall be jointly and severally liable under this section and shall be billed by • Page 95 of 496 means of a single periodic bill mailed to the person designated on the application to receive the bill. Whether or not the utility obtained a joint application, where two or more persons occupy the same premises, they shall be jointly and severally liable for bills for electric energy supplied. C. Change in customer's equipment or operations. Customers shall give the utility written notice of the extent and nature of any material change in the size, character or extent of the utilizing equipment or operations for which the utility is supplying service before making any such change. D. Refusal to provide service. The utility may disconnect or refuse to provide service to the applicant if the conditions upon the applicant's premises indicate that false, incomplete, or inaccurate information was provided to the utility or the acts of the applicant or anyone on the premises creates an unsafe situation for the utility's employee. The utility shall provide the applicant the reason for such refusal. (Code 1980, § 3.46.040; Ord. No. 736, § 2(exh. 1(part)), 2004) Sec. 3.46.050. Contracts. A. When service contracts are required. A contract or agreement to take and pay for electric service will not be required as a condition precedent to service e zcept: 1. Where required by provisions contained in the tariffs chedules, in which case the term of • the contract will be that specified; 2. Where it is necessary to install a line extension which case a contract for a period of three years may be required; except thattWhen temporary service is to be supplied under the provisions of section 3.46.140, the'i(contract will cover the period of contemplated operations, but not longer than three years. \) B. When facilities contracts are requrred:\A'contract or agreement to pay for the use, di installation or removal of facilities including, but not limited to, line extensions, street light installations, and special or added facilities"will be//required: 1. Where the provisions of-the tariff schedules so specify, in which case the terms of the contract will be governed th re eb 2. Where any applicant\or, customer desires new or increased distribution facilities for • temporary service, in which case the utility may require such person to pay to the utility, in advance or otherwise,the estimated cost installed, plus the estimated cost of removal, less-the estimated salvage of the facilities.necessary for furnishing service in accordance with the provisions of section 3.46.140; 3. Where a person, whether or not a customer, desires to have the utility modify, rearrange, relocate or remove any of its facilities, the utility, if it agrees to make such changes, may require the person, at whose request the changes are made, to agree to pay, in advance or otherwise, the cost to the utility of making the changes. . C. Nonstandard contracts or service agreements. Where the customer has any outstanding nonstandard contracts or service agreements with the utility, or any nonstandard service account or meter service arrangements for the customer's convenience or for the utility's operating convenience, the utility may, at its discretion, require the customer to: 1. Modify the nonstandard service account or meter service arrangements; or 2. Terminate the contract, agreement or arrangement because of conflicts with other tariff provisions. (Code 1980, § 3.46.050; Ord. No. 736, § 2(exh. 1(part)), 2004) Page 96 of 496 Sec. 3.46.060. Special information required on forms. A. Contracts. Each agreement or contract form for electric service or installation of facilities will contain the following provision: "This contract shall at all times be subject to such changes or modifications by the city council as said city council may from time to time direct in the exercise of its jurisdiction." B. Customer's bill. Information will be printed on each bill or summary bill for electric service or will indicate how to obtain such information. The information either printed or supplied will include substantially the following: 1. Your bill or summary bill is due and payable upon presentation. Payment should be made to the Rancho Cucamonga Municipal Utility's offices or an authorized agent. 2. Should you question this bill or summary bill, please request an explanation and/or investigation from the Rancho Cucamonga Municipal Utility by calling (909) 919-2612. 3. Any customer who has initiated a complaint or requested an investigation within five days of receiving a contested bill or summary bill for service shall be given an opportunity for review of such complaint or investigation by a review manager of RCMU. 4. If, after a determination by RCMU, you believe youlave been billed incorrectly, the amount of the bill or summary bill should be depos'.'.• • t.._ the Rancho Cucamonga City Council in do the City Clerk's Office,.10500 Ciy>i*"Ce er I ive, Rancho Cucamonga, CA 91730, to avoid discontinuance of service. Makk re>$itta ,$ payable to the city, of nehe Cucamonga, and attach the bill or summa bill nd a statement supporting your belief that the bill or summary bill is not corr t. for will review the basis of the billed amount and make disbursement in accArdance it its findings. Further appeal may be filed under the city council's formal we Notz. 5. The schedule or code number of e rat nder which service is billed. C. Discontinuance of service no e. 1. Every discontinuance 1:0 ce notice for nonpayment of a delinquent account, as provided for in sec :., . ..i°�, shall include substantially all of the following information: a. The name and as`o .•ss f the customer e c stomer whose customer account is delinquent; b. The amount of the d iinquency; c. The date by which payment, or arrangement for payment, is required in order to avoid termination; d•. The procedure. by which the customer may initiate a complaint .or request an investigation concerning service or changes; e. The procedure by which the customer may request amortization of the unpaid charges; f. The telephone number of a representative of RCMU who can provide additional information or institute arrangements for payment. 2. The following will be printed on each discontinuance of service notice: "If past duc bills or Summary Billo arc unpaid after the expiration date of a I Page 97 of 496 I If you arc unable to pay the amount ehown on this notice, please contact the Utility's . - . • - - Subcequcnt unpaid bilk or Summary Bilk, if disputed, muct be handled in the came "Our records indicate that payment on your account is overdue. Under the rules established by the City of Rancho Cucamonga Muni ipal Utility, we are notifying you that we intend to terminate electric service on or a' - 'me, Date] at [Service Address]." . &"This action is being taken because your . • : •ue in the amount of [Dollar . Amount], which includes a penalty of 0.9%. Y•• • : a rmination by bringing your payment to our office at 10500 Civic Center 1 ' :nth, Cucamonga, CA 91729." "Payment must be received by t• • to . ',a, n date. If the City does not receive payment and the service is terminate you 1 'e required to pay the total amount overdue plus a disconnection/reco .. - • a-d a deposit to restore service." D. Dcpooit Receipt°. Each receipt or a eneh deposit to establish or reestablish credit for •• . .. .- fit+ past due for twelve months-,,t 6'; tility will refund the deposit by applying it to the customer's -- - - - - _-•,.. . f -• receipt. (Code 1980, § 3.46.060; Ord. No. 736, § 2(exh. 1(part)), 2004) Sec. 3.46.070. Establishment and re-establishment of service. A. Establishment of credit service: all classes of service. In compliance with the city of identity theft prevention program policy, (-'pertinent information will be Iteqoestecl-reouired from the applicant to establish • .' - • • - • . . -, . :, . _ . . . •. • ' -• - .. - • . - . • . . •• -_: •- _ - •: an account in advance of receiving electric service, including: 1. By providing a good credit reference from another electric utility for electric service for • . - : . .• • - : • . _ . . : . . • • . - .. . .. . . . . . - •;Two forms of identification, at least one of which must be photo identification. The following are examples of the types of identifications that an applicant may provide to verify his or her • identity when seeking to open an account: a valid state-issued driver's license, a valid Page 98 of 496 state-issued identification card, a current passport, a social security card or a tax identification number. 2. ByA making-a-monetary guarantee in the form of oueh-a cash deposit equal to the rates and charges listed in the schedule of electric fees and charges adopted by resolution by the city council .. . . . . : : -• .• - .. :nd g signed air-application as required in section 3.46.041 - .. . . .. . .. _ • . . . . •- . •-• . elcctri B. Re-establishment of credit; all classes of service. If the utility has made a service call to disconnect the service for nonpayment of a delinquent bill, an additional charge shall be made to return service. Additionally, a deposit equal to three times the estimated monthly bill shall be required. (Code 1980, § 3.46.070; Ord. No. 736, § 2(exh. 1(part)), 2004) Sec. 3.46.080. Deposits and service turn-on charge. A. General. Deposits will be required - . . - - . . .. - : . • . •-• -- . - - . .. . . . ... • , as set forth in section 3.46.070] B. Amount of deposit. 1. The amount of deposit required to establish cred. , -:`�c service shall be equal to the . rates and charges listed in the schedule of ele is ees :no harges adopted by resolution by the city council. . .. . .. . .•:: : s. _ . -- .. . .. . • . - . . . 2. In the event that a customer of , 'ty h:s diverted electricity ("energy theft"), a separate deposit shall be assessed. `..• s'•posit shall be twice the amount of the estimated loss to the utility res ing fro f. the diversion, but in no case shall the amount be less than the minimum • rs deposit. C. Payment of deposit. De. 1114 - •ue upon application for service and delinquent 14 fourteen-days later. Deposits w. o • use• as payment for past-due bills to avoid discontinuance of service. D. Return of deposit. . 1. Deposits may be ret d after the customer has paid bills for service for 12 twelve consecutive months, without having received a delinquent notice. The deposit shall be credited towards any outstanding charges. 2. All other deposits. shall be retained,by the utility until the electric service has been terminated at the request of the customer or by the utility pursuant to these rules and regulations. Upon service termination, the utility shall credit the deposit towards payment of any outstanding charges due and owing by the customer. After the utility has made such credit, any remaining portion shall be refunded to the customer. D-E.Service turn-on charge. 1. A service turn-on shall be made for turning on electric service during normal business hours on the following workday. There will be an additional charge for same day and after hours turn-on of service or special appointment turn-on service (the special appointment turn-on charge will apply if a specific time is requested and will not apply to the normal four-hour window appointment) when specifically requested by the customer. Page 99 of 496 A service charge will be assessed for each additional field visit required to complete the service turn-on order. After-hours for fee assessment purposes are legal holidays and hours outside the following time periods: 8:00 a.m. to 4:00 p.m. Monday through Friday and 9:00 a.m. to 1:00 p.m. Saturdays. 2. The utility shall not be liable for any loss or damage caused by the improper installation, maintenance or malfunctions of any electric apparatus or appliance, or for damage caused by the turning on and off of electric service by the utility. (Code 1980, § 3.46.080; Ord. No. 736, § 2(exh. 1(part)), 2004) Sec. 3.46.090. Notices. A. Notices to customers. When notices from the utility to a customer are required, they will normally be given in writing, either mailed to the address specified in the customer's application for service or to any address subsequently specified by the customer or delivered to him or her or posted in the local newspaper of record, except that in emergencies the utility may give notices in the manner most suitable under the existing conditions (radio, television, telephone, etc.). The discontinuance of service notice for nonpayment of a delinquent account shall be mailed as stated above at least five calendar days prior to proposed termination of nondomestic service. All procedures as required by law shall be exercised. B. Notices from customers. Notices from a custom -to ? ="u__j ty may be given by written communication mailed to the utility's office or ma !•e given rally by the customer or the customer's authorized agent at the utility's office, e •;.t when written notice is specifically required in tariff schedules or in any written agre- (Code 1980, § 3.46.090; Ord. No. 736, § 2(exh. l(p )), 20 ; ) Sec. 3.46.100. Rendering and payment '6 ; A. Rendering of bills. k • •. . • ! • .d • • • 21. Metered service. �e�,y. ... . _. . . . ._ . . .. . . . . . a. Bills for metered service will be based on meter registrations. Meters will be read as required for the preparation of regular bills, opening bills and closing bills. It may not be possible to read meters on the same day of the month or at intervals of equal numbers of days. • b. If, because of unusual conditions or for reasons beyond its control, the utility is unable to read the meter on the scheduled reading date, the utility may bill the customer or those deriving the benefit of service for estimated consumption during the billing period, and make any necessary corrections when a reading is obtained. Estimated consumption for this purpose will be calculated considering the customer's prior usage, the utility's experience with other customers of the same class in that area, and the general characteristics of the customer's operations. Adjustments for any underestimation or overestimation of a customer's consumption will be reflected on the first regularly scheduled bill rendered and based on an actual reading following any periods when estimation was required. When a service start date can be reliably estimated, the undercharge can be computed back to that date, exclusive of section 3.46.180. Access to the meter, sufficient to permit it being read, Page 100 of'496 shall be provided by the customer as a prerequisite to the utility making any adjustment of consumption billed on an estimated basis. 2. Service period. Bills for electric service will normally be rendered on a monthly basis; except that the utility may render bills more or less frequently at the option of the utility. 3. Daily rate schedules. Bills for accounts on rate schedules with daily charges will be billed on a daily basis and will be computed on the number of days in the service period. No pro rata computation is required. 4. Monthly rate schedules. Bills for accounts on rate schedules with monthly charges will normally be billed for a monthly billing period. a. Monthly billing period. A monthly billing period will contain twenty-seven-4274 to thirty three-(334 days. Bills for accounts that are normally billed for a monthly billing period, including accounts based on measured monthly demand, will be calculated on pro rata computation for other than a monthly billing period. 4 b. Pro rata computation. . . . - • . • . When a pro rata computation is made, the billing will be computed in accordance with the applieable thirty-day rate schedule, but the size of the env : blocks and the amount of the monthly • . . .. . • , . • : : . .• .. ... harges and credits specified therein, will be prorated on the basis of th• . • number of days ocr e-;ae ... . • • .. - • - - -- - •:,:• :- : .• : : : , in a monthly billing period. For this purpose, -.111r, verag- month of this}-4304 days may b• sed unless otherwise •rovide v he --chedule of electric fees and charges adopted by resolution by the city c• •cil_ B. Readings of separate meters not co r •' - or e purpose of billing, each meter upon the customer's premises will be considered se•arate a• • he readings of two or more meters will not be combined, except as follows: 1. Where combinations of r . gs are specifically provided for in the tariff schedules; 2. Where the utility's • . enience requires the use of more than one meter. C. Payment of bills. IP. ric b' s, including service and penalty charges, are due and payable . . . • . . ..•. . . .' •. _ • . _ .. . . .. . . ." - . . . . - - . • . . - - . . . . • . . . . . . n presentation. and payment'should be received at the office of the utility or by a representative or agent authorized by the utility. Accepted methods of payment are as follows: 1. Checks sent via the U.S. mail to the address on the payment stub;or 2. Checks, money orders, or cash paid at the utility payment office or an authorized payment location; or 3. Any other means mutually agreeable to the utility and the customer. D. Returned check. The utility may require payment of a returned check charge equal to that permitted under law for any check returned from the bank unpaid, as set forth in the schedule of electric fees and charges adopted by resolution by the city council. The returned check charge shall also apply to any forms of payment that are subsequently dishonored. If the Page 101 of 496 returned item was returned for payment on a prior forty eight ,43-hour notice of disconnection, service may be terminated without further notice. E. Late payment. A late payment charge of 0.9%percent may be applied to the total unpaid balances of a customer account if the customer's payment is not received by the date indicated on the customer account bill. F. Field visit. The utility may require payment of a field visit service charge, no more than once per account per billing period, when an authorized utility representative makes a call to a customer's premises because of the customer's failure to nay in accordance with sections 3.46.070 or 3.46.120. This field visit service charge may be required if the call resulted in granting an extension. a field collection. or disconnection of service. If the field visit service charge is required, it will appear on the customer's next regular bill. --G.Privacy of customer information. To preserve a customer's privacy when receiving and paying electric bills through the internet, the utility shall not release confidential information, including financial information, to a third party without an electronic signature or voice/written consent from the customer. (Code 1980, § 3.46.100; Ord. No. 736, § 2(exh. 1(part)), 2004) Sec. 3.46.110. Disputed bill appeal process. A. Customers who believe their bill is in error m s coot t the utility by telephone or in writing within five days after receiving the b' ' it`l'ate a complaint or request an investigation concerning the bills. After that period b 's considered payable as rendered. B. If, after contact with the utility, the ustom b 'eves the bill is still incorrect, the customer must, within ten days after receiving e exp nation from the utility, send his or her remittance for the entire amount of the d.:•ii -., - g with a written statement setting forth the reasons why the customer believes t i,• bill '-1 ,' •correct to: Manager,-City of Rancho Cucamonga !, - : •• . . ,. • . . . Municipal Utility, 10500 Civic Center Drive, Rancho Cucamonga, •,orm -:4 0. C. Failure of the custo•• - ,rw„ . ' ritten statement with the utilities reeeurees-division manager • . to ys after receipt of the explanation from the utility will constitute acceptance by the •mer of the bill as rendered, and authorize discontinuance of service in accordance with sectio -6.120. D. If before completion of t•e utilities vision manager's review, additional bills become due which the customer wishes to dispute, the customer will not be required to file the dispute with the utility, as stated above, but will be required to send his or her remittance for the entire amount of the, additional bills disputed to: Reseureee Manager, City of Rancho Cucamonga EngineepinglPublic Worke Municipal Utility, 10500 Civic Center Drive, Rancho Cucamonga, California 91730, and file additional written statements within ten days after receipt of such bills setting forth the reasons why the customer believes the additional bills are incorrect. Failure to do so will authorize discontinuance of service in accordance with section 3.46.120. The utilities administrative resources manager will not, however, accept deposits if the underlying dispute appears to be over matters that do not directly relate to the accuracy of the bill. E. Upon timely receipt of the written statement, the utilities administrative resources manager or his or her designee will review the basis of the billed amount and communicate the results of the review and decision to the customer. F. Any customer, whose complaint or request for investigation regarding a bill for electric service results in an adverse determination by the utilities administrative resources manager, may appeal such determination, after receiving the explanation from the utilities administrative Page 102 of 496 resources manager, by sending a written statement within ten days of the mailing of the explanation setting forth the reasons why the customer believe the investigation is incorrect. The customer must send this statement to the Director of Utilities/City Engineer, City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Upon timely receipt of the written statement, the director of utilities/city engineer, or his or her representative will determine if the review manager's investigation was thorough and complete, addressing the aspects of the billing dispute. The results will be communicated to the customer in writing. G. If the billing dispute is not satisfactorily resolved with the director of utilities/city engineer or his or her representative, the customer may request a review by the city manager by sending a written statement within five days of mailing the director of utilities/city engineer's determination to: City Manager, City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Upon timely receipt of this written statement, the city manger will make his or her determination and communicate the determination to the customer in writing. H. If the customer is not satisfied with the findings of the city manager, the customer may appeal to the city council. The appeal must be submitted in writing to the city clerk, together with the reasons for the dispute within ten days following mailing of the city manager's determination. In the absence of a timely filed appeal, the city manager's determination will be final. Upon receipt of a timely appeal, the matter will be reviewed by the city council within 45 forty five days of receipt. A written decision of the city council shall bedeliveed to the customer by personal delivery or certified mail within 15 fifteen days following/the appeal hearing. (Code 1980, § 3.46.110; Ord. No. 736, § 2(exh. 1(part)), 2004) Sec. 3.46.120. Discontinuance and restoration of srvice. A. Past due bills. Electric bills, including service and penalty charges, are due and payable upon deposit by utility in the U.S. mailtdate‘Silledt'), and shall be delinquent 19 nineteen calendar days after the that date. Upon delinquency, the utility shall mail a second billing in the form of a delinquent notice. Service maybe discontinued if the bill is not paid within the time required by such notice. • B. Nonpayment of bills� 1. All delinquent acc"ountts unpaid at the close of business on the 24th twenty fourth calendar day after the date billed shall have electric service discontinued on the 26th twe ty-si*th-day after said date without further notice. Any customer who contests a bill and has initiated a complaint or requested an investigation within five days of receiving said bill shall not have service discontinued for nonpayment during the pendency of an investigation by the utility of such customer's dispute or complaint, provided the customer also keeps current the account for utility services as charges accrue in each subsequent billing period. Services shall not be discontinued for nonpayment for any customer complying with an amortization agreement entered into with the utility, provided the customer also keeps current the account for utility services as charges accrue in each subsequent billing period. If a customer fails to comply with an amortization agreement, the utility will give a seven-day discontinuance of service notice before discontinuing service, but such notice shall not entitle the customer to further investigation by the utility. 2. If a customer is receiving more than one service, any or all services may be discontinued when any service, regardless of location, is discontinued for nonpayment. 3. Under no circumstances may service be discontinued for nonpayment of a bill to correct previously billed incorrect charges for a period in excess of the preceding three months, Page 103 of 496 unless such incorrect charges have resulted from the customer not abiding by the tariff schedules. 4. On any Saturday, Sunday, legal holiday recognized by the utility, or at any time during which the business office of the utility is not open to the public, service will not be discontinued by reason of delinquency in payment for utility services. C. Unsafe equipment. The utility may refuse or discontinue service to a customer if any part of the customer's wiring or other equipment, or the use thereof, shall be determined by the utility to be unsafe or in violation of applicable laws, ordinances, rules or regulations of public • authorities, or if any condition existing upon the customer's premises shall be thus determined to endanger the utility's facilities, until it shall have been put in a safe condition or the violation remedied. The utility does not assume any responsibility for inspecting or repairing the customer's wiring or other equipment or any part thereof and assumes no liability therefor. D. Service detrimental to other customers. The utility will not provide service to any premises, the operation of which will he detrimental to the service of the utility or its other customers, and will discontinue electric service to any customer after having been given notice by the utility to cease so doing. E. Fraud. The utility may refuse or discontinue service if the acts of the customer or the conditions upon the customer's premises are such as to indicate-any_intent to defraud the utility. A fee will be collected for'the investigation of acts of fraud and/o diversion. F. Failure to establish or re-establish credit. If,ontan applicant's convenience, the utility should provide service before credit is establishe&6F-should.continue service to a customer when credit has not been re-established in accordanc4with section 3.46.070, and the customer fails to establish or re-establish credit, the utility may discontinue service. G. Not/comp/in/we. Except as otherwise specifically provided in this section, the utility may discontinue service to a customer for noncompliance with tariff schedules if, after written notice of at least five days, the customer has-not compliedtwith the notice. The utility may dispense with the giving of such notice in the event there exists in the utility's opinion a dangerous condition, thus rendering the immediate discontinua e of service to the premises imperative. H. Customer's request.fo, seruice,discontinuance. When a customer desires to terminate responsibility for service, the customer shall give the utility not less than two business days' notice of this intention, state the date on Which the customer wishes the termination to become effective, provide access to the meter and provide the utility with the address to which the closing bill should be mailed. In the event access is not provided, the customer discontinuing service shall 'be held liable for all consumption until access is provided. A field visit service charge will be assessed for • each additional trip (after original attempt to turn•service, off) required to complete the turn-off • request. A customer may be held responsible for all service furnished at the premises until two business days after receipt of such notice by the utility or until the date of termination specified in the notice, whichever date is later. I. Restoration; reconnection. charge. 1. The utility will require payment of all past due bills, applicable service reconnection charges, and deposit before restoring service that has been disconnected for nonpayment of bills or for failure otherwise to comply with tariff schedules. If services have been illegally restored or damaged due to tampering, the customer must pay all damage charges prior to recommendation. The customer and/or beneficiary of service are responsible for all damage charges whether or not service is reconnected. Page 104 of 496 2. If it is necessary to verify funds prior to reconnect, an additional fund verification fee may be assessed. If funds can not be verified, the utility may require secured funds prior to reconnect. 3. If service is terminated, or if a notice of discontinuance has been given, the utility will require the customer to pay a deposit or an additional deposit equal to an estimated average three-month bill. 4. All reconnect service charges are cumulative and each trip to the premises will incur additional charges. 5. In the event anyone has turned on the electric service after it has been turned off for any of the above reasons, there shall be a charge in addition to other amounts due from the customer before service is restored. 6. If the meter is removed, a service charge will be billed in addition to other amounts due. An inspection will be required at the customer's expense (prior to re-installation of meter). 7. If service has been terminated by an electric crew at the overhead or underground, there will be an additional service charge prior to restoring �_e service. 8. The reconnection will be scheduled for the nex . . ',g day. The amount of the • reconnection charge and any additional charg-- .r ques to reconnect service on the day of the request or outside regular bu:• - h. rs as stated in the schedule of electric fees and charges adopted by resolu •.n . e city council. 9. Service wrongfully terminated shall b resto: d thout charge for the restoration of service. and a notification thereof shall ,e mail... to the customer at the billing address. The utility may refuse to reconn , e acts of the customer or anyone on the premises create an unsafe envi ment :r the utility employees or representatives. J. Unsafe environment. If th-. us pE.,,,er o anyone on the premises inflicts violence, as defined in section 3.46.020, or thr ,; ' .wit .resent ability to inflict violence upon an employee of the utility or its subcontractors t ` .ty'may discontinue service to a customer after written notice of at least five days. T on .uance of service may be avoided if the customer agrees to meet with the utilities adm ive r-source manager and/or law enforcement and the customer agrees to cease from any act of nee. K. Discontinuance for use o electricity without application. 1. When a new occupant who has not applied for electric service takes possession of premises and finds the electric service turned on, the occupant shall notify the utility of such,findings within one working day. 2. In the event the occupant turns on the electric service, or fails to notify the utility of finding the electric service turned on within one working day of occupancy, the occupancy will be billed for consumption back to the move-in date and owner shall be billed for any unresolved usage. If the premises are unoccupied, or the utility has not been notified of a new tenant by the owner, property manager, occupant or other representative of the owner, and electric service is in use, the owner of the property shall be held responsible for payment of the bill. It is the responsibility of the owner to verify that the utility service has been transferred into the name of the new occupant and to settle disputes of responsibility between the occupant and the owner. 3. In the event that the occupant is charged for usage where the amount charged will be determined by the utility, the amount billed will be based upon either the meter reading Page 105 of 496 or on the basis of the estimated consumption for the length of time service was received by the occupant without proper application. 4. When the utility finds that electricity is being used without proper application, the utility may terminate the service without further notice. Any amount due in excess of the amount billed to the occupant shall be billed to the owner. 5. Only authorized utility personnel are permitted to turn the service on at the meter. If the occupant restores electric service, a self-restoral service fee may be imposed. (Code 1980, § 3.46.120; Ord. No. 736, § 2(exh. 1(part)), 2004) Sec. 3.46.130. Rates and optional rates. A. Effective rates. The rates charged by the utility for electric service are those on file with the utility's utilities administrative resources manager and are legally in effect. A copy of complete tariff schedules, as filed with the utilities administrative resources manager, shall be maintained for public inspection at the office of the utility. B. Optional rates. 1. Where there are two or more rate schedules, rates or`opttional provisions applicable to the class of service requested by the applicant, the utility will call the applicant's attention, at the time application is made, to the several 'schedules, and the applicant must designate which rate schedule, rate, or optional provision the customer desires. When the customer notifies the utility of any material change in the size, character, or extent of utilizing equipment or operations, in accofdance witY h section 3.46.040C, the utility will, within a reasonable time, advise the customer of the resulting rate options. In the absence of the notification provided- for in section�tion 3.46.040C, the utility assumes no responsibility for advising the customer.of lower optional rates under other existing schedules, rates or optional provsionsailable as a result of the customer's changes in equipment or operations. \\\\ ' 2. When an applicant for new�ice has applied for service under a mutually agreed upon rate schedule, the rate cliedule_will remain in effect for a minimum of three billing periods to determinefhe ace icacy of the application of the rate. Y C. New or revised r to es. Should new or revised rates be established after the time application is made, the utility\will, within a reasonable time, use such means as may be practicable to bring them to the attention of those of its customers who may be affected thereby. D. Change of rate schedule. 1. A change to another applicable rate schedule, rate or optional provision will be made only where the customer elects to make such change, or where in the opinion of the utility, another rate schedule is more applicable. 2. Should a customer so elect, the change will be made, provided: a. A change has not been made effective during the past 12-month period; b. The change is made to, or from, a new or revised rate schedule; c. There has been a change in the customer's operating conditions for that service which, in the opinion of the utility, justifies the change; d. The change is not made more often than once in 12 twelve months where service is being supplied under a schedule containing an annual fixed charge or an annual minimum charge; and e. The customer has made the request by written notice to the utility. • Page 106 of 496 3. The change will become effective for the billing period during which the customer has requested the change and is not subject to a retroactive adjustment, except when such change is the result of a utility error, in accordance with section 3.46.180. E. Power cost adjustment factor(PCAF). The PCAF is a charge per kWh which is used: 1.(-1-)To adjust the utility's electric rates for the actual cost of purchasing and generating electric power and energy to service the utility's customers; and 2.(�)To minimize fluctuations in rates. 3. The energy charge per kWh in each rate schedule recovers the costs of purchasing and delivering power and energy from all suppliers of power and energy, other suppliers, and the cost of power from the utility's owned generating resources. The PCAF will reflect all changes in energy costs, including the following: Via. Changes in any component of the wholesale rate; 2-b. Changes in transmission and wheeling payments; 3 c. Changes in scheduling and dispatching payments; 4. d. Changes in contract incremental costs; r e. Changes in economy energy purchases; 6 f. Changes in take-or-pay obligations. , 4. The PCAF as set forth in the tariff schedule sh ze applied to kWh sold on and after the effective date, as also set forth below,and continuing thereafter until a new PCAF becomes effective. The amount to be added toior subtracted from each bill due to the PCAF shall be calculated by multiplying the)number of kWh for which the bill is rendered by the applicable PCAF. The,P\CAF(which may be either positive or negative, will be reviewed and revised quarterly"to reflect actual changes in excess of a—plus or minus ten percent of the amountN,stated in the energy charge included in the tariff schedule. The city council nc shall have responsibility for establishing the PCAF and its effective date. F. Change of law adjustn�t�t�AF). Change in law means any change, modification, revision or adoption of: (4)1.Any law, rule, regulation, order, writ, judgment, decree, resolution, ordinance, or other legal or regulatory determination by any court, regulatory agency or governmental authority of competent jurisdiction; or (2)2.Any law, rule, regulation, order, writ, judgment, decree, resolution, ordinance, or other legal or regulatory determination, or interpretation thereof, which has been adopted, enacted, released or promulgated, which results in either partial or wholly new or different application of a pre-existing law. The CLAF is a charge or credit per kWh which is used to adjust the utility's electric rates for the impact of changes in law that would materially change the utility's revenue or expenses. The CLAF as set forth in the tariff schedule shall be applied to each kWh sold on and after the effective date, or also set forth below, and continuing thereafter until a new CLAF becomes effective. The amount to be added to or subtracted from each bill due to the CLAF shall be calculated by multiplying the number of kWh for which the bill is rendered by the applicable CLAF. The CLAF, which may be either positive or negative, will be reviewed and revised quarterly to reflect actual changes in excess of a plus or minus ten percent of the amount stated in the tariff schedule. The city council shall have the responsibility for establishing the CLAF and its effective date. • Page 107 of 496 G. Applicability. Unless otherwise stated in the rate schedule, the rate schedules of the utility are applicable only for service supplied entirely by the utility. H. Definitions for this section 3.1E.130. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Billing demand means the kilowatts of maximum demand, determined to the nearest kW. The demand charge shall include the following billing components: The time-related component shall be for the kilowatts of maximum demand recorded during (or established for) the monthly billing period; the facilities-related component shall be for the greater of the kilowatts of maximum demand recorded during (or established for) the monthly billing period or 50 fifty-percent of the highest maximum demand established in the preceding ll eleven months (ratcheted demand). However, when the utility determines the customer's meter will record little or no energy use for extended periods of time or when the customer's meter has not recorded a maximum demand in the preceding 11 eleven months, the facilities-related •component of the demand charge may be established at 50 fifty—percent of the customer's • connected load. Excess transformer capacity means the amount of transformer capacity requested by a customer in excess of that which the utility would normally install to serve the customer's • maximum demand. Maximum demand. Maximum demands shall-be estabIliihed for the on-peak, mid-peak, and off-peak periods. The maximum demand for-each period shall be the measured maximum average kilowatt input indicated or recordedrby instruments, during any 15-minute metered interval, but, where applicable, not less than\the divpersified resistance welder load computed in accordance with the section designated<weelde/service" in section 3.46.030I. Where the demand is intermittent or subject to Violent fluctuations, a five-minute interval may be used. Power factor adjustment. When the maximum demand is expected or has exceeded 200 two hundred kW for three consecutive months, kilovar metering will be installed as soon as practical, and, thereafter, until\the;maximum demand has been less than 150 one hundred fifty kW for 12 twelve cons cesuve months, the billing will be increased each month for power factor for service metered and delivered at the applicable voltage level, based on the per kilovar of maximum reactive- demand imposed on the utility. The reactive demand will be determined as follows: I/ 4:A. For customers with metering used for billing that measures reactive demand. The maximum reactive demand shall be the highest measured maximum average kilovar demand indicated or recorded by metering during any 15-minute metered interval in the month. The kilovars shall be determined to the nearest unit. A device will be installed on each kilovar meter to prevent reverse operation of the meter. 2,B. For customers with metering used for billing that measures kilovar-hours instead of reactive demand. The kilovars of reactive demand shall be calculated by multiplying the kilowatts of measured maximum demand by the ratio of the kilovar-hours to the kilowatt hours. Demands in kilowatts and kilovars shall be determined to the nearest unit. A ratchet device will be installed on the kilovar-hour meter to prevent its reverse operation on leading power factors. Summer season shall commence at 12:00 midnight twelve a.m. on June let and continue until 12:00 midnight twelve a.m., on October'1st of each year. A pro rata computation will be made for seasonal billing purposes. • Page 108 of 496 • Temporary discontinuance service. Where the use of energy is seasonal or intermittent, no adjustments will be made for a temporary discontinuance of service. Any customer, prior to resuming service within 12 twelve months after such service was discontinued, will be. required to pay all charges which would have been billed if service had not been discontinued. Time period means and includes: On-Peak 12:00 noon to 6:00 eix p.m. summer weekdays except holidays Mid-Peak 8:00 Eight a.m. to 12:00 noon and 6:00 eix p.m. to 11:00 eleven p.m. summer weekdays except holidays; 8:00 eight-am •to 9:00 nine pfm. • winter weekdays • except holidays, Off-Peak AlLottheenhours Winter season shall commence at 12:00idnight twelve n.m. on October let of each year and continue until 12:00 midnight twc`lvo nm`on'June 1st of the following year. A pro rata computation will be made for seasonal billingpurposes. (Code 1980, § 3.46.130; Ord. No. 73642(ez'1(part)), 2004) Sec. 3.46.140. Temporary service. A. Establishment of temporary service. The utility shall, if no undue hardship to its existing customers will result therefrom'f\rnishYtemporary service under the following conditions: 1. The applicant shall pay, in/advance or otherwise as required by the utility, the estimated cost installed, plus the estimated cost of removal, less the estimated salvage of the facilities necessary for furnishing service. 2. The applicant shall establish credit as required by section 3.46.070, except that the • ' amount of deposit prescribed in section 3.46.080 shall not exceed the estimated bill for • the duration of service. B. Applicant design. Applicant may elect to use the applicant design option to design that portion of the temporary facilities normally designed by the utility in accordance with the same applicant design provisions outlined in section 3.46.160, except that all charges and refunds shall be made under the provisions of the rule. C. Change to permanent status. 1. A customer will retain temporary status as long as the utility deems the facilities to be speculative in character, of questionable permanency, or where it is known in advance that service will be of limited duration. 2. If at any time the character of a temporary customer's operations changes so that in the opinion of the utility the customer may be classified as permanent, the amount of • Page 109 of 496 payment made in excess of that required for permanent service immediately shall be refunded to the customer in accordance with subsection D of this section following. D. Refunds. The amount of refund upon reclassification of a customer from temporary to permanent will be made on the basis of the extension rule in effect at the time temporary service is reclassified to permanent. (Code 1980, § 3.46.140; Ord. No. 736, § 2(exh. 1(part)), 2004) Sec. 3.46.150. Shortage of supply an d interruption of delivery. A. Shortages and interruptions. 1. The utility will exercise reasonable diligence to furnish/deliver a continuous and sufficient supply of electricity to its customers and to avoid any shortage or interruption of delivery thereof. It cannot, however, guarantee a continuous or sufficient supply or freedom from interruption, and shall not be liable for interruptions, shortage or insufficiency of supply, or any resultant loss or damage. 2. Whenever, in the operation of the utility's electric plants, properties, and/or systems, • interruption in the delivery of electricity to customers results from or is occasioned by causes other than the exercise by the utility of its right to suspend temporarily the delivery of electricity for the purpose of making repairs-or improvements to its system, notice of any such interruption will not be given to the ustomers of the utility, but the utility will exercise reasonable diligence to reinstate,delivery of electricity. B. Temporary suspension for repairs. 1. The utility, whenever it shall find it necessary for the purpose of making repairs or improvements to its system, shall have\the riglit to suspend temporarily the delivery of electricity. In all cases, to the extent circumstances so allow, reasonable notice will he given to the customer. Such it or improvements will be made as rapidly as practicable, consistent with—prudent utility practices. To the extent practicable and ■ \'9 consistent with prudent utility practices, the utility will minimize the inconvenience to its customers. 2. When it is necessary to suspend temporarily the delivery of electricity for repairs or improvements to the system in accordance with subsection B.1 of this section, and the customer requests that such suspension of service occur at other than during normal utility working hours, the utility reserves the right to receive, in advance, the total estimated labor-related costs to be incurred by the utility for performing the work during non-regular utility work hours. The customer shall also pay any additional cost actually incurred in excess of the estimated costs.. C. Apportionment of supply during time of shortage. Should a shortage of Supply ever occur, the utility will apportion its available supply of electricity among its customers as authorized or directed by the utility in the manner determined at the utilities administrative resources manager's discretion, to be equitable and without discrimination under prevailing conditions, except that preference shall be given to service essential to the public interest and to the preservation of life and health. The decision of the utilities administrative resources manager or his or her designee shall be final in such matters. D. Limited service device. A limited supply of electricity may be provided iii accordance with section 3.46.120I where a limited service device is installed. (Code 1980, § 3.46.150; Ord. No. 736, § 2(exh. 1(part)), 2004) Page 110 of 496 Sec. 3.46.160. Line extensions. Applicability. This rule is applicable to extension of electric distribution lines of the utility's standard voltages (less than 15 fifteen kV) necessary to furnish permanent electric service to applicants and will be made in accordance with the following provisions: A. General. 1. Distribution line extension basis. a. Design. The utility will be responsible for planning, designing, and engineering distribution line extensions using the utility's standards for material, design, and construction. Applicant may elect to design that portion of the new distribution line extension normally designed by the utility in accordance with the applicant design provisions of this rule. b. Ownership. The distribution line extension facilities installed under the provisions of this rule, shall be owned, 'operated, and maintained by the utility, except for substructures and enclosures that are on, under, within or part of a building or structure. c. Private lines. The utility shall not be required to serve any applicant from distribution line extension facilities th1/4„____iat are not owned, operated, and maintained by the utility. <C"\ .1".11rer ' 2. Distribution line extension locations. a. Utility maintenance of line extension facilities. The utility will own, operate and maintain distribution line extension facilities only: (1) Along public streets;alley\roads highways and other publicly dedicated ways and places which thee )tility has the legal right to occupy; and (2) On public lands and private property across which rights-of-way and permits satisf ctor>to4he utility may he obtained without cost to or condemnation by-the.utility. zr b. Normal ron eo ll ine.. The length and normal route of a distribution line extension wilLbe determined by the utility and considered as the distance along the shortest>most practical, available, and acceptable route which is clear of obstructions from the utility's nearest permanent and available distribution • facility to the point from,which the service facilities will be connected. 3. Underground distribution line extensions. . a. Underground required. The utility, by authority.of the city council, has declared itself an underground utility. Consistent with this declaration, underground distribution line extensions shall be installed where required to comply with applicable laws and ordinances of the city of n,...,..,. r+..,,.....,ngu and where the utility maintains or desires to maintain underground distribution facilities. For example, underground distribution line extensions are required for all new: (1) Commercial developments; (2) Industrial developments; and (3) Locations that are in proximity to and visible from designated scenic areas. The requirements to underground lines set forth in this subsection paragraph shall not apply where it is impractical to build underground lines, as determined by the utility, and approved by the utilities administrative resources manager. Page 111 of 496 b. Underground optional. When requested by applicant and agreed upon by the utility, underground distribution Line extensions may be installed in areas where it is not required, as provided in subsection A.3.a of this section. 4. Overhead distribution line extensions. Overhead distribution line extensions may be installed only where underground extensions are not required as provided in subsection A.3.a of this section. 5. Special or added facilities. Any special or added facilities the utility agrees to install at the request of the applicant will be installed at the applicant's expense in accordance with section 3.46.030. 6. Temporally service. Facilities installed for temporary service or for operations of speculative character or questionable permanency shall be made in accordance with the fundamental installation and ownership provisions of this section and the provisions of section 3.46.140. 7. Services. Service facilities connected to the distribution lines to serve an applicant's premises will be installed, owned and maintained as provided in section 3.46.150. S. Street lights. Street lights and appurtenant facilities shall be installed in accordance with the service provisions of the applicable street light schedule. 9. Contracts. Each applicant requesting a distribution line extension may be required to execute a written contract(-4-4, prior,to the utility performing its work on the distribution line extension. B. Installation. responsibilities. 1. Underground distribution line extensions a. Responsibility of applicant. In accordance with the utility's design, specifications, and requirements, applicant is responsible for: (1) Design. Designing'an\engineering of the applicant's electric distribution facilities to ss thldevelopment in accordance with city's design standards; (2) Excavation. All necessary trenching, backfilling, compacting and furnishing of imported or suitable natural backfill material as required and proper disposal of trench spoil as required and other digging as required; (3) Substructure and conduit. Furnishing, installing, and upon acceptance by the utility, conveying to the utility ownership of all necessary installed substructures, conduits and pull and service boxes, transformer pads, including feeder conduits and related substructures required to extend to and within subdivisions and developments; and (4) Protective structures. Furnishing, installing and, upon acceptance by the utility, conveying to the utility ownership of all necessary protective structures. b. Utility responsibility. The utility's responsibility is to provide inspection service to verify the applicant's performance and to furnish and install cables, switches, transformers, and other distribution facilities required to complete the distribution line extension. 2. Overhead distribution line extensions. The utility is responsible for furnishing and installing all facilities required for the distribution pole line extension. • 3. Installation.options. Page 112 of 496 a. Utility-performed work. Where requested by applicant and mutually agreed upon, the utility may perform that portion of the new distribution line extension work normally installed by applicant according to subsection B.1.a of this section, provided applicant pays the utility its total estimated installed cost. b. Applicant-performed work. The applicant may elect to install that portion of the new distribution line extension normally installed by the utility in accordance with the utility's design and specifications, using qualified contractors (see subsection D of this section, applicant installation options). C. Contributions or payments by applicant. 1. General. Contributions or payments by an applicant to the utility for the installation of a distribution line extension to receive utility service consist of such things as cash payments, the value of facilities deeded to the utility, and the value of excavation performed by applicant. 2. Project-specific cost estimates. The utility's total estimated installed cost will be based on a project-specific estimated cost. 3. Payment. The applicant shall contribute or pay, before the start of the utility's construction, the following: • a. Estimated value of excavation, etc. The utility' es stimated value of excavation, qui conduits, and protective structures rered`y the{utility for the distribution line extension under subsection B.1.a of this section. b. Underground service. (1) Cabling. The estimated installed of any necessary cabling, including a distribution transformers, installed=by the utility to complete the underground distribution line extension. This includes the cost of conversion of existing single-phase lines to three phase lines, if required; plus (2) Snbstructu..res.,.The utility's estimated value of substructures installed by the applicant and-deeded to-the utility as required; and • c. Overhead service, \Y . (1) Pole line. All necessary facilities required for an overhead distribution pole line extension and, if required, the conversion of existing single-phase lines to three- •phase lines; and • d. Added facilities. (I) After final design of the distribution facilities, the utility will notify the applicant of the estimated cost of any extra facilities or special requirements to be done at the applicant's request. Extraordinary facilities or service provisions will be handled under section 3.46.030, description of electric service. 5. Joint applicants. The total contribution or advance from a group of applicants will be apportioned among the members of the group in such manner as they may mutually agree. 6. Payment adjustments. a. Total refundable amount. If the loads provided by the applicant result in the utility having installed facilities which are in excess of those needed to serve the actual loads, and the utility elects to reduce such excess facilities, the applicant shall pay the utility its estimated total costs to remove, abandon, or replace the excess facilities, less the estimated salvage of any removed facilities. Page 113 of 496 b. Reimbursement. If, within five 44—years of the date on which the city begins delivering electricity to the applicant, the distribution line extension is used by the city to serve new customer loads, the city will charge to the new customer and refund to the applicant a portion of the distribution line extension costs previously paid by the applicant pursuant to a reimbursement agreement between the applicant and the city. This refund amount shall be determined by the city, in its sole discretion, and shall reflect the new customer's proportional cost responsibility for the distribution line extension. taking into consideration each customer's existing and/or forecast load, rate class, and location. In the event that any additional customer subsequently initiates service that is provided using the distribution line extension within the same five-year period. the city will similarly determine the additional customer's proportional cost responsibility for the distribution line extension and provide a refund to the customers that have previously contributed to cover the cost of the distribution line extension. D. Applicant design option for new installations; competitive bidding. When the applicant selects competitive bidding, the distribution line extension may be designed by the applicant's qualified contractor or sub-contractor in accordance with the utility's design and construction standards. All applicant design work of electric facilities ',At be performed by or under the direction of a licensed professional engineer and all design ' itted to the utility must be certified by an appropriately licensed professional engin r, consiste s with the applicable federal, state and local, including the city de:, :nd ordinances. The applicant design option is available to the applicant for ne and is not available for replacement, reinforcement, or relocation of existing systems, ere no applicant for new line or service extension work. Under this option, the following plies: 1. Applicant shall notify the utility, ' ceptable to the utility. 2. Applicant designs shall conforso to all :a•plicable federal, state and local, including the city ••.•e: •d o••inances for utility installations design (such as, but not limited to the _:..': : ; Bus 1 ess and Professions Code). 3. The utility may re s c: i t designers to meet the utility's prequalification requirements prior (V- icip: 'ng in applicant design. 4. Applicant designers : ,all obtain utility design and construction standards and specifications prior to p-''orming applicant design. The utility may charge for any of these services. 5. The utility will plan check the applicant design project at applicant's expense. 6. The utility shall perform all the utility's project accounting and cost estimating. E. Applicant installation options. 1. Competitive bidding. Under competitive bidding, the distribution line extension may be installed by applicant's qualified contractor or sub-contractor in accordance with the utility's design and specifications. Under this option, the following applies: a. Upon acceptance by the utility, ownership of all such facilities will transfer to the utility. b. Applicant shall pay to the utility any utility costs associated with the distribution line extension, including the estimated costs of design, administration, and installation of any additional facilities and labor necessary to complete the distribution line extension. Page 114 of 496 c. The applicant shall pay to the utility, as a nonrefundable amount, the cost of inspection. d. Only duly authorized employees of the utility are allowed to connect to, disconnect from, or perform any work upon the utility's facilities. 2. Minimum contractor qualifications. Applicant's contractor or subcontractor (QC/S) shall: a. Be licensed in the state pia-for the appropriate type of work (electrical and general, etc.). b. Employ workmen properly qualified for specific skills required (qualified electrical worker, qualified person, etc.) as defined in stye-of California High Voltage Safety Orders (Title 8, Chapter 4, Subchapter 5, Group 2). c. Comply with applicable laws (Equal Opportunity Regulations, OSHA, EPA, etc.). 3. Other contractor qualifications. An applicant for service who intends to employ a QC/S also should consider whether the QC/S: a. Is technically competent. b. Has access to proper equipment. c. Demonstrates financial responsibility commen 'th the scope of the contract. d. Has adequate insurance coverage (w• e..'s comp nsation, liability, property damage, etc.). e. Is able to furnish a surety bond for a-r o Lf_:n. ...f the contract, if required. F. Special conditions. 1. Facility relocation or rearrange, en r o .cation or rearrangement of the utility's existing facilities, at the requ:,f t of, . to meet the convenience of an applicant or customer, and agreed upon ,y F, ut' y, normally shall be performed by the utility. Where new facilities ca•; . - nst ti ed in a separate location, before abandonment or removal of any existing a 'm ;.Auld applicant requests to perform the new construction work, it can be perf. .i u :, r the applicable provisions of subsection E of this section, applicant installatir,a_.i a ions. n all instances, the utility shall abandon or remove its existing facilities at option of the utility. The applicant or customer shall be responsible for the costs :'all related relocation, rearrangement and removal work. 2. Exceptional cases. When the application of this rule appears impractical or unjust to either party or the ratepayers, the utility or applicant may refer the matter to the utilities administrative resources manager of the utility for a special ruling or for special conditions, which may be mutually agreed upon. I-G. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Applicant means a person or agency requesting the utility to deliver/supply electric service. Betterment means facilities installed by applicant at the request of the utility in addition to those required under subsection B.1.a of this section. Cabling means conductors, including cable-in-conduit, if used, connectors, switches, as required by the utility for primary, secondary, and service installations. Page 115 of 496 Commercial development means two or more enterprises engaged in trade or the furnishing of services, (e.g., shopping centers, sales enterprises, business offices, professional offices, and educational or governmental complexes) located on a single parcel or on two or more contiguous parcels of land. Conduit means ducts, pipes or tubes of certain metals, plastics and other materials acceptable to the utility, including pull wires and concrete encasement where required, for the installation and protection of electric wires or cables. Contribution means in-kind services and the value of all property conveyed to the utility at any time during the utility's work on an extension which is part of the utility's total estimated installed cost of its facilities, or cash payments not covered by applicant's allowances. Distribution line extension means a new distribution facility of the utility that is a continuation of, or branches from, the nearest available existing permanent distribution line, including any facility rearrangements and relocations necessary to accommodate the distribution line extension, to the point of connection of the last service. The utility's distribution line extension includes converting an existing single-phase line to three-phase in order to furnish three-phase service to an applicant, but excludes service transformers, meters and services. (� Distribution' lines mean overhead and underground facilities which are operated at distribution voltages, and which are designed to supply1 wo or more services. Distribution trench footage means the total trench footage used for calculating cabling costs. It is determined by adding the total(length bf all new and existing trenching for the installation of underground primary and secondary distribution lines designed to supply two ` se or more services, excluding service trench foo age under section 3.46.170. Excavation means all necessary trenching, backfilling, and other digging to install distribution line extension facilities, including furnishing of any imported backfill material yr and disposal of spoil as required; surface repair and replacement, landscape repair and replacement. Feeder conduit means a conduit:for such uses as part of a backbone system to provide for future-anticipated load growth outside the subdivision involved, to provide for future- anticipated load growth in\the existing subdivision and the existing subdivisions in close proximity, to balance loads between substations, to interconnect the service to the subdivision with service to subsequent dedelopments outside the subdivision, and to provide the flexibility and versatility of modifying or supplying emergency backup power to the area involved. • In proximity to shall means within I 0 feet from each edge of the right-of- way of designated scenic highways and from the boundaries of designated parks and scenic areas. Industrial development means two or more enterprises engaged in a process which creates a product or changes material into another form or product and located on a single parcel or on two or more contiguous parcels of land. Insignificant loads means small operating loads such as gate openers, valve controls, clocks, timing devices, fire protection equipment, alarm devices, etc. Intermittent loads means loads which, in the opinion of the utility, are subject to discontinuance for a time or at intervals. Payment means cash payment made to the utility prior to the initiation of any work done by the utility which is not covered by allowances. • Page 116 of 496 Permanent service means,service which, in the opinion of the utility, is of a permanent and established character. This may be continuous, intermittent, or seasonal in nature. Pole line means poles, cross-arms, insulators, conductors, switches, guy-wires, and other related equipment used in the construction of an electric overhead line. Protective structures means fences, retaining walls (in lieu of grading), sound barriers, posts, or barricades and other structures as required by the utility to protect distribution equipment. Scenic areas means an area such as a scenic highway, a state or national park or other area determined by a governmental agency to be of unusual scenic interest to the general public. Scenic highways are officially designated under the California Scenic Highway Program established pursuant to Paragraph 320 of the Public Utilities Code 6 320. State or national parks or other areas of unusual scenic interest to the general public are determined by the appropriate governmental agency. Seasonal service means electric service to establishments which are occupied seasonally or intermittently, such as seasonal resorts, cottages, or other part-time establishments. Substructures means the surface and subsurface structures which are necessary to contain or support the utility's electric facilities. This inn ludes, but is not limited to, such things as splice boxes, pull boxes, equipment vaults and-enclosures, foundations or pads for surface-mounted equipment. 'Trenching. See Excavation. Visible from shall means that overhead distnbution facilities could be seen by motorists or pedestrians traveling along scenic highways or visiting parks or scenic areas. (Code 1980, § 3.46.160; Ord. No. 736, § 2(exh. ( 1pa}rt));3004) Sec. 3.46.170. Service extensions. �\ A. Applicability. This rule is.applicable-toboth: r 1. Utility service facilities_that_ extend from the utility's distribution line facilities to the service delivery point and \}\/v 2. Service-related equipment required of the applicant on the applicant's premises to receive electric service. v . A-.-B. General. • 1. Design.. The utility will be responsible for planning, designing and engineering service extensions using the utility's standards for design, materials and construction. Applicant may elect to design that portion of the new service extension normally designed by the utility in accordance with the applicant design provisions of section 3.46.160. 2. Service facilities. The utility's service facilities shall consist of: a. Primary or secondary underground or overhead service conductors; b. Poles to support overhead service conductors; c. Service transformers; d. Utility-owned metering equipment; and e. Other utility-owned service related equipment. 3. Ownership of facilities. Service facilities installed under the provisions of this rule shall be owned, operated, and maintained by the utility if they are: Page 117 of 496 a. Located in the street, road or a public right-of-way area; b. Installed by the utility under subsection D.2 of this section on the applicant's premises for the purpose of the delivery of electric energy to applicant; or c. Installed by applicant under the provisions of this rule, and conveyed to the utility. 4. Private lines. The utility shall not be required to connect service facilities to or serve any applicant from electric facilities that are not owned, operated, and maintained by the utility. 5. Special or added facilities. Any special or added facilities the utility installs at the request of applicant will be installed at the applicant's expense in accordance with section 3.46.030. 6. Temporary service facilities. Service facilities installed for temporary service or for operations of speculative character or questionable permanency shall be made in accordance with the fundamental installation and ownership provisions of this rule, except that all charges and refunds shall be made under the provisions of section 3.46.140. 7. Street lights. Street light services and appurtenant, facilities shall be installed in accordance with the service provisions of the app�lliyccable_street light schedule. 8. Contracts. Each applicant requesting service may b�e required to execute a written contract prior to the utility �\ p y performing its work to establish service. Such contractEs} shall be in the form provided by the utiliitycor otherwise acceptable and approved by the utility. This contract shall specify the size of he service connection desired, the property to be served and the purpose for which the electricity is to be used. The information supplied by the applicant shall e-onsidered as authoritative and final. If any error in the application causes the installation of a service connection that is improper either in type, size or location, the cost of all changes required shall be paid by the applicant. 9. Distribution line extension. Whenever the utility's distribution system is not complete to the point designated by thenrtility;where the service extension is to be connected to the utility's distributionitstem'the.extension of distribution line facilities will be installed in accordance with section 3.46460. 10. Rights-of-way. Rights-of-way or easements may be required by the service facilities on applicant's property to serve only the applicant. a. Service facilities. If the service facilities must cross property owned by a third party to serve the applicant, the utility may, at its option, install such service facilities • after appropriate rights-of-way or easements, satisfactory to the utility, are obtained without cost to the utility. b. Distribution line extensions. If the utility's facilities installed on the applicant's property, or third-party property, will be or are designed to serve adjacent property, then the utility may, at its option, install its facilities under section 3.46.160, after appropriate rights-of-way or easements, satisfactory to the utility, are obtained without cost to the utility. c. Clearances. Any necessary rights-of-way or easements for the utility's facilities shall have provisions to maintain legal clearances from adjacent structures. d. Reasonable care to prevent damage. The customer shall exercise reasonable care to prevent the facilities of the utility upon the premises from being damaged or destroyed, and shall not relocate or otherwise interfere with them, and, if any defect is discovered, shall promptly notify the utility. Page 118 of 496 11. Access to applicant's premises. The utility shall, at all times, have the right to enter and leave the applicant's premises for any purpose connected with the furnishing of electric service (meter reading, inspection, testing, routine repairs, replacement, maintenance, emergency work, etc.) and the exercise of any and all rights secured to it by law, under the utility's tariff schedules. These rights include, but are not limited to: a. The use of a utility-approved locking device, if the applicant desires to prevent unauthorized access to the utility's facilities; b. Safe and ready access for utility personnel free from unrestrained animals; c. Unobstructed ready access for the utility's vehicles and equipment to install, remove, repair, or maintain its facilities; d. Removal of any and all of its property installed on the applicant's premises after the termination of service. 12. Service connections. Only personnel duly authorized by the utility are allowed to connect or disconnect service conductors to or from the utility's distribution lines, remove meters, unless otherwise allowed pursuant to utility tariff schedules, remove utility-owned service facilities, or perform any work upon utility-owned existing facilities. 13. Application made in advance: utility not liable for ,.el•,, 1 ue to the long lead time for engineering, material acquisition, crew schedn: and onstruction, application for service must be made as far in advance as p bl ` :_ eceipt of fees, service charges and deposits and clearance from the ins.• tio gency having jurisdiction, the utility shall endeavor to complete within a r- son: ::.e e the installation of the necessary facilities. However, the utility shall •of be lia le for any delays encountered in completing the installation. 14. Customer shall pay utility over me w necessary. If, for any reason of the applicant, installation of a service canno e accinplished during standard working hours, the applicant shall pay in ad i t ti'nated cost of the utility overtime, to the extent that it exceeds any cost- i •i other charges. 15. Obli ation of utili ut .A shall be obligated to provide facilities adequate to serve only the load initia ecifi•s and connected, regardless of the rating of the service equipment, service s ch or breaker. Increased loads will be considered as new installations, and the c tomer shall pay the net cost of any changes required in the utility facilities and may be required to make specified changes in the service facilities or equipment to accommodate the increase load or the type of service to be supplied by the utility. • &:C.Metering facilities. 1. General. a. Meter all usage. Delivery of all electric power and energy will be metered, unless otherwise provided for by the utility's tariff schedules or by other applicable laws. b. Meter location. All meters and associated metering equipment shall be located at some protected location on applicant's premises as approved by the utility. 2. Number of meters. Normally only one meter will be installed for a single residential or nonresidential enterprise on a single premises, except: a. When otherwise required or allowed under the utility's tariff schedules; b. At the option of and as determined by the utility, for its operating convenience, consistent with its engineering design; Page 119 of 496 c. When required by law or local ordinance; or d. When additional services are granted by the utility. A single meter is required for each single enterprise operating in one building or group of buildings or other development on a single premises such as, but not limited to, a commercial business, school campus, industrial manufacturer, or recreational vehicle park, unless otherwise approved by the utility. 3. Multiple occupancy. In a building with two or more tenants, or where more than one meter is furnished on the same premises, the meters normally shall be grouped at one central location, or as otherwise specified by the utility, and each meter position or socket shall be clearly and permanently marked by applicant, customer, or owner of the premises to indicate the particular unit, occupancy, or load supplied by it. a. Residential or nonresidential. For revenue billing, electric service shall be individually metered to each tenant in a residential or nonresidential building or group of buildings or other development on a single premises with multiple tenants or enterprises (such as, but not limited to, an office building or shopping center complex). Alternative metering arrangements as determined by the utility may be allowed only as specified in section 3.46.190 an : licable rate schedules. • G-D.Service extensions. .. . • 1 1. General location. The location of the service e e►_-ns`en shoal extend: a. Public right-of-way area. From the pi •.f -`nos nection at the distribution line to the applicant's nearest property line a uttin: po, any street, highway, road, or right- of-way, along which it already has, will ' stall, distribution facilities; and b. Private party. On private p pope a : the shortest, most practical and available route (clear of obstructions) :s nece:r;ary to reach a service delivery point designated by the utility. 2. Number of service extens he utility will not normally provide more than one service extension, including __- sc :F, 'lilies, either overhead or underground, for any one building or group ofa,ui",ngs,'cur a single enterprise on a single premises, except: a. Tariff schedules., k otherwise allowed or required under the utility's tariff schedules; b. Utility -convenience. At the option of and as determined by the utility, for its operating convenience, consistent with its engineering design for different voltage and phase classification, or when replacing an existing service; c. Ordinance. Where required by city of Rancho Cuca l nga ordinance or other applicable law, for such things as fire pumps, fire alarm systems, etc.; or d. Other. The utility may charge for additional services provided under this subsection, as special or added facilities. 3. Underground installations. a. Underground service mandatory. Installation of electric service facilities for all new services shall be underground and installed according to applicable tariff schedules, laws, city rdinances, underground structure standards, and utility plans and specifications supplied for each specific installation. lb. When requirement waived. The requirement of this section may be waived if technical or physical conditions make underground installation infeasible in the utility's judgment. Page 120 of 496 4. Overhead installations. a. Overhead service extensions will be allowed only when underground service is not feasible in the utility's judgment as specified in subsection GD.3.b of this section. But, the customer may be required to provide utility-approved facilities to accommodate future conversion to underground service. b. The applicant shall provide a suitable location for the termination of the overhead service wires. The location of the termination is subject to approval of the utility and any inspection authority having jurisdiction and must meet all applicable codes. c. Overhead service wires shall, in all cases, be furnished and installed by the utility. The applicant shall install the service entrance conductors from the point of termination of the utility's service wires to the applicant's meter or switchgear lugs. 5. Unusual site conditions. In cases where the applicant's building is located a considerable distance from the available distribution line or where there is an obstruction or other deterrent obstacle or hazard such as plowed land, ditches, or inaccessible security areas between the utility's distribution line and the applicant's building or facility to be served that would prevent the utility from prudently installing, owning, and maintaining its service facilities, the utility may, at its discretion, waive the normal service delivery point location. In such cases, the service delivery point—will:=be at such other location on applicant's. property as may be mutually agreed upon; 'or, alternatively, the service delivery point may be located at or near the applicant's property line as close as practical to the available distribution line. \� E.Responsibilities for new service extensions. A L Applicant responsibility. In accordance with )the utility's design, specifications, and \ requirements for the installation of service extensions, subject to the utility's inspection and approval, the applicant is responsible for: a. Service extensions. (1) Clear route. Providi g;or'paying for, a route on any private property that is clear of obstructions\which would inhibit the construction of either underground or overhead''ervrce extensions. (2) Excavation. AlPnecessary trenching, backfilling, and other digging as required, including permit fees. - (3) Conduits and substructures. (a) Furnishing, installing, owning, and maintaining all conduits, including pull ropes, and substructures on the applicant's premises. (b) Installing, or paying for, any conduits and substructures in the utility's franchise area (or rights-of-way, if applicable) as necessary to install the service extension. (c) Conveying ownership to the utility upon its acceptance of those conduits and substructures not on the applicant's premises. (4) Protective structures. Furnishing, installing, owning, and maintaining all necessary protective structures as specified by the utility for utility's facilities on the applicant's premises. b. Applicant's facility design and operation.. The applicant shall be solely responsible to plan, design, install, own, maintain, and operate facilities and equipment beyond the service delivery point, except for utility-owned metering facilities, in order to Page 121 of 496 properly receive and utilize the type of electric service available from the utility. Refer to section 3.46.030 for a description, among other things, of: (1) Available service delivery voltages and the technical requirements and conditions to qualify for them; (2) Customer utilization voltages; (3) Load balancing requirements; (4) Requirements for installing electrical protective devices; (5) Loads that may cause service interference to others; and (6) Motor starting limitations. c. Required service equipment. The applicant shall, at his or her its sole liability, risk, and expense, be responsible to furnish, install, own, maintain, inspect, and keep in good and safe condition, all facilities of any kind or character on the applicant's premises that are not the responsibility of the utility but are required by the utility for the applicant to receive service. Such facilities shall include, but are not limited to, the overhead or underground termination equipment, conduits, service entrance conductors from the service delivery point to the location of the utility's metering facilities, connectors, meter sockets, mete�rr ialnd-in'strument transformer housing, service switches, circuit breakers, fuses,/relays, wire ways, metered conductors, machinery and apparatus of any kind for character Detailed information on the utility's service equipment requirements-wilbbe furnished by the utility. d. Coordination of electrical protective devices. When, as determined by the utility, the applicant's load is of sufficient size�as require coordination of response time characteristics between the tapplicant's-electrical protective devices (circuit breakers, fuses, relays, etc.) and those�f the utility, it shall be the applicant's responsibility to provide such coordination accordance nin\ with section 3.46.020. e. Liability. The utility\shall incur no liability whatsoever, for any damage, loss or injury occasioneby;\~— ' (1) Applicant=owned equipment or the applicant's transmission and delivery of energy; or \: (2) The negligence, omission of proper protective devices, want of proper care, or wrongful act of the applicant, or any agents, employees, or licensees of the applicant, on the part of the applicant in installing, maintaining, using, operating, or interfering with any such conductors, lines, machinery, or apparatus. f. Facility tampering. The applicant shall provide a suitable means acceptable to the utility for placing its seals on meter rings and covers of service enclosures and . instrument transformer enclosures which protect unmetered energized conductors installed by the applicant. All utility-owned meters and enclosure covers will be sealed only by the utility's authorized employees and such seals shall be broken only by the utility's authorized employees. However, in an emergency, the utility may allow a public authority or other appropriate party to break the seal. Any unauthorized tampering with utility-owned seals or connection of applicant-owned facilities to unmetered conductors at any time is prohibited and is subject to the provisions of section 3:46.120 for unauthorized use. Page 122 of 496 g. Transformer installations on applicant's premises. Transformer installations on the applicant's premises shall be as specified by the utility and in accordance with the following applicable provisions: (1) Space for transformers. The applicant shall provide space on the applicant's premises at a location approved by the utility for a standard transformer installation, including any necessary switches, capacitors, and electric protective equipment where required, if: (a) In an overhead area, the utility determines that the load to be served is such that a separate transformer installation; or (b) If the utility determines that the installation of a pad-mounted or subsurface transformer of any size is required on the applicant's premises to serve only the applicant. (2) Pad-mounted equipment. In the utility's standard installation, the applicant shall furnish, install, own, and maintain, at his or her its—expense, substructures and any required protective structures as specified by the utility for the proper installation of the transformer, switches, capacitors, etc., as determined by the utility. C (3) Transformer room or vault. Where applicant-requests and the utility approves the installation of the transformer(s) in a vault or room on the applicant's yr premises, rather than the utility's standard.pad-mounted installation: (a) The room or vault on the applicant's s premises shall be furnished, installed, owned, and maintained(Iby the applicant and shall meet the utility's specifications for such-things as access, ventilation, drainage, grounding system, etc. �\ (b) If space cannot be provided' on the applicant's premises for the installation of a transformer on either a pad or in a room or vault, a vault will be installed at.the �applicant's expense in the street near the property line. It shall be=the applicant's ant's responsibility to install, or pay for, such vault if not • restricted by governmental authority having jurisdiction, and the applicant shall convey ownership of the vault to the utility upon its acceptance. The additional facilities shall be treated as special or added facilities under the provisions of section 3.46.030. (c) If the utility's installed cost for the transformer in the room or vault is more costly than the standard pad-mounted transformer installation, the additional costs shall be paid by the applicant as special or added facilities. (5) Transformer lifting requirements. Where the utility has installed or agrees to install, transformers at locations where the utility cannot use its standard transformer lifting equipment and special lifting facilities are required to install or remove the transformers on the applicant's premises, the applicant shall, at his or her its-expense: (a) Furnish, install, own, and maintain permanent lifting facilities and be responsible for lifting the transformer to and from its permanent position; or (b) Provide, or pay for, portable lifting facilities acceptable to the utility for installing or removing the transformers. Page 123 of 496 Rights-of-way and space provisions shall be provided by the applicant such that access and required clearances from adjacent structures can be maintained. The utility may require a separate contract for transformer lifting requirements. (6) Overhead transformers. In remote areas or in areas not zoned for residential or commercial use or for underground services, pad-mounted transformers are preferred for installation on the applicant's premises; however, where the utility determines that it is not practical to install a transformer on a pad, in a room or vault, the utility may furnish a pole-type structure for an installation not exceeding 500 five hundred kVA. h. Building code requirements. Any service equipment and other related equipment owned by the applicant, as well as any vault, room, enclosure, or lifting facilities for the installation of transformers shall conform to applicable laws, codes, and ordinances of all governmental authorities having jurisdiction. i. Reasonable care. The applicant shall exercise reasonable care to prevent the utility's service extension, other utility facilities, and meters owned by the utility or others on the applicant's premises from being damaged or destroyed, and shall refrain from interfering with the utility's operation of the facilities and shall notify the utility of any obvious defect. The applicant may be required-to provide and install suitable mechanical protection (barrier posts, etc.) aserequireed by the utility: 2. Utility responsibility. C7 a. Service, meter and transformers. The utility will furnish, install, own, and maintain • the following service facilities applicable after the applicant meets all requirements to receive service: (1) Underground service. A set of`service conductors to supply permanent service from the distribution fine source to the service delivery point approved by the utility. \' (2) Riser materials" Any necessary pole riser material for connecting underground services to anToverhead'distribution line. (3) Overheadlsenkice. A set of overhead service conductors and support poles to supply permanent service from a distribution line source to a suitable support at the service delivery point approved by the utility. Such support shall be of a type and located such that service wires may be installed in accordance with good engineering practice and in compliance with all applicable laws, ordinances, rules, and regulations, including those governing clearances and ' ' points of attachment. - (d) Metering. When the meter is owned by the utility, the utility will be responsible for the necessary instrument transformers, where required, test facilities, meters, associated metering equipment, and the metering enclosures when the utility elects to locate metering equipment at a point that is not accessible to the applicant. (5) Transformer. The transformer where required, including any necessary switches, capacitors, electrical protective equipment, etc. When either a pad- mounted or overhead transformer is installed on the applicant's premises, the service extension shall include the primary conductors from the connection point at the distribution supply line to the transformer and the secondary conductors, if any, from the transformer to the service delivery point. Page 124 of 496 b. Special conduit installations. The utility shall own and maintain service conduits only if: (1) They are located in the same trench with distribution facilities; and (2) When it is necessary to locate conduits on property other than that owned by the applicant, as determined by the utility, or as may be required by local authorities. c. Cable-in-conduit. In those cases where the utility elects to install its service conductors using pre-assembled cable-in-conduit (CIC), the conduit portion will be considered a part of the conductor installation provided by the utility. d. Government inspection. The utility will establish electric service to the applicant following notice from the governmental authority having jurisdiction that the applicant-owned facilities have been installed and inspected in accordance with any applicable laws, codes, ordinances, rules, or regulations, and are safe to energize. 3. Installations options. a. Utility-performed work. Where requested by applicant and mutually agreed upon, the utility may perform that portion of the new/service extension work normally the responsibility of applicant according to subsection,E=1-(14)(4)-of this section provided • applicant pays the utility its estimated installedcost. b. Applicant-performed work. Under competitive bidding, the applicant may install that portion of the new service extension-normally installed and owned by the utility in accordance with the same provisions u�ned'in section 3.46.160. &F. Payments by applicant. \\\� 1. Applicant is responsible to pay the utility\in advance of the utility commencing its work: a. Pole riser. The utility's estimated installed costs of any riser materials on its poles. b. Utility's total estimated cost. The utility's total estimated installed cost, including appurtenant facilities\coich=as connectors, service conductors, service transformers, metering equi m nland the conduit portion of CIC cable. c. Other. The utility!st.otal estimated installed cost for any work it performs that is the applicant's responsibility or performs for the convenience of the applicant. &G.Existing service facilities. 1. Service reinforcement. a. Utility-owned. When the utility determines that its existing service facilities require replacement, the existing service facilities shall be replaced as a new service extension under the provisions of this section. b. Applicant-owned. When the utility determines that existing applicant-owned service facilities, installed under a prior rule, require replacement, such replacement shall be accomplished under the provisions for a new service extension, except that if the utility determines that any portion of the applicant's existing service conductors can be utilized by the utility, the applicant will convey any such usable part to the utility and an appropriate credit by the utility may be allowed to the applicant. The applicant will replace or reinforce that portion of the service extension which applicant will continue to own under the provisions of this rule for new services. 2. Service relocation or rearrangement. Page 125 of 496 a. Utility convenience. When, in the judgment of the utility, the relocation or rearrangement of a service, including utility-owned transformers, is necessary for the maintenance of adequate service or for the operating convenience of the utility, the utility normally will perform such work at its own expense, except as provided in subsection G.2.b (F)(2)(b) and F.5(F)(5) of this section. b. Applicant convenience. Any relocation or rearrangement of the utility's existing service facilities at the request of the applicant (aesthetics, building additions, remodeling, etc.) and agreed upon by the utility shall be performed in accordance with subsection E D of this section, except that the applicant shall pay the utility its total estimated costs. In all instances, the utility shall abandon or remove its existing facilities, at the option of the utility, rendered idle by the relocation or rearrangement. 3. Impaired access and clearances. Whenever the utility determines that: a. Access. Its existing service facilities have become inaccessible for inspecting, operating, maintenance, meter reading, or testing; or b. Clearances. A hazardous condition exists or any of the required clearances between the existing service facilities and any object becomes impaired under any applicable laws, ordinances, rules, or regulations of thel,utility ro other public authorities, then the following applies. 4.11\ c. Corrective action.. The applicant or owner shall, at the applicant's or owner's an \. expense, either correct the access or clearce lnfractions or pay the utility its total estimated cost to relocate its facilities to anew location which is acceptable to the utility. The applicant or owner-shall'-also lie responsible for the expense to relocate any equipment which applicant\owns and maintains. Failure to comply with corrective measures within a reasonable time may result in discontinuance of service. 4. Overhead to mndergroun&s ervice_conversions. a. When new services installed.here an existing overhead distribution line is replaced by an undergroundldistribution system, new underground services will be installed under this section 3:46.170. b. Applicant convenience. Where overhead services are replaced by underground services for the applicant's convenience, the applicant shall perform all excavation, furnish and install all substructures, and pay the utility its total estimated installed cost to complete the new service and remove the overhead facilities., 5. Damaged facilities. When the utility's facilities are damaged by others, the repair will be made by the utility at the expense of the party responsible for the damage. Applicants are responsible for repairing their own facilities. 6. Subdivision of premises. When the utility's service facilities are located on private property and such private property is subsequently subdivided into separate premises with ownership divested to other than the applicant or customer, the subdivider is required to provide the utility with adequate rights-of-way satisfactory to the utility for its existing facilities and to notify property owners of the subdivided premises of the existence of the rights-of-way. When adequate rights-of-way are not granted as a result of the property subdivision, the utility shall have the right, upon written notice to the applicant, to discontinue service without obligation or liability. The existing owner, applicant, or customer shall pay to the utility the total estimated cost of any required relocation or removal of the utility's facilities. A new electric service will be re-established • Page 126 of 496 in accordance with the provisions of subsection E P-of this section for new service and the provisions of any other applicable utility rules. & H. Exceptional cases. When the application of this rule appears impractical or unjust to either party, or ratepayers, the utility or applicant may refer the matter to the utilities administrative resources manager ft a special ruling or for approval of special conditions which may be mutually agreed upon. WI. Service design and engineering. Service designs, plans and estimates to determine service charges or deposits, will not be initiated by the utility until it has reasonable assurance that the applicant's project will be built. This assurance is normally taken as the issuance of a building permit. Should the applicant desire these service plans and the amount of charges at an earlier time, the applicant may pay a deposit for early design as determined by the utility. The design work will then be scheduled along with all other eligible applicants. A deposit for early design will be credited to the cost of the design and installation of the service or refunded as appropriate. The cost of multiple designs to explore options or redesigns required by changes beyond the control of the utility shall be paid by the applicant. hl. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Applicant means a person or agency requesting,the utility to supply electric service. ' Conduit. means ducts, pipes, or tubes of certain ea plastics or other materials acceptable to the utility, including pull wires and=concre�encasement where required, for the installation and protection of electric wires and cables. I Distribution, lines means the utility's overhead and underground facilities which are operated at distribution voltages as set forth ii the utility's section 3.46.030 and which are designed to supply two or more services. Excavation means all n ce ss ary \N trenching, backfilling, and other digging as required to install service extensions, including- furnishing of any imported backfill material, concrete encasement to protect conduit -and disposal of spoil as required, surface repair and replacement, landscape-repair and r er placement. Insignificant loads means small operating loads such as gate openers, valve controls, clocks, timing devices, fire protection equipment, alarm devices, etc. Intermittent loads means loads which, in the opinion of the utility, are subject to • discontinuance for a time or at intervals. Premises means all of the real property and apparatus employed in,a single enterprise on an integral parcel of land undivided, excepting in the case of industrial, agricultural, oil field, resort enterprises and public or quasi-public institutions, by a dedicated street, highway or public thoroughfare or a railway. Automobile parking lots constituting a part of and adjacent to a single enterprise may be separated by an alley from the remainder of the premises served. Protective structures means fences, retaining walls On lieu of grading), sound barriers, posts, barricades and other structures as required by the utility. Seasonal service means electric service to establishments which are occupied seasonally or intermittently, such as seasonal resorts, cottages, or other part-time establishments. Service delivery point means where the utility's service facilities are connected to either the applicant's conductors or other service termination facility designated and approved by the utility. Page 127 of 496 Service extension means the overhead and underground primary or secondary facilities, including, but not limited to, utility-owned service facilities and applicant-owned service facilities, extending from the point of connection at the distribution line to the service delivery point. When an underground service extension is supplied from a utility-designated overhead . pole, the beginning point of connection to the utility's distribution line shall be where the service extension is connected to the utility's overhead distribution line conductors. Substructures mean the surface and subsurface structures which are necessary to contain . or support the utility's electric facilities. Thic The term "substructures" includes, but is not limited to, splice boxes, pull boxes, equipment vaults and enclosures, foundations or pads for surface-mounted equipment. (Code 1980, § 3.46.170; Ord. No. 736, § 2(exh. l(part)), 2004) Sec. 3.46.180. Adjustment of bills and meter tests. A. General; estimated usage. When regular, accurate meter readings are not available or the electric usage has not been accurately measured, the utility may estimate the customer's energy usage for billing purposes on the basis of information, including, but not limited to, the physical condition of the metering equipment, available meter readings, records of historical use, and the general characteristics of the customer's load and operation. B. Meter tests. 1. Prior to installation. Every meter will be testedyat onprior'to the time of installation, and no meter will be placed in service if found-to isg` ter more than one percent fast or one percent slow. \!�/ 2. On customer request. A customer may, on notice of not less than one week, require the utility to test the meter for the customer's service. No charge will be made for such test, but should a customer demand al test within four months after installation or more often than once in 12 twelve months, a dep sit will be required to cover the cost of the test. This deposit will be returned:4f the-meter is found to register more than two percent fast or two percent slow. The amount_of/the deposit will be dependent on the type of meter to be tested. A customer'sliall have the right to require the utility to conduct the test in the customer's presence or in the presence of an expert or other representative appointed by the customer. The results of the test will be furnished to the customer within a reasonable time after completion of the test. C. Adjustment of bills for meter error. A meter error is incorrect kilowatt-hour, kilovar-hour, or demand registration resulting from a malfunctioning or defective meter. It does not include billing error, unauthorized use, or an error in registration caused by meter tampering by an unauthorized person. It also does not include conditions such' as grounds, shorts, incorrect meter readings, meter dial-overs, improper load wiring, including other customers' circuits connected to the wiring, accounting errors, switched meters, improper customer wiring, blown fuse in one energized conductor, or incorrect meter sizing. Where, as the result of a meter test, a meter is found to be non-registering or incorrectly registering, the utility may render an adjusted bill to the customer for the amount of the undercharge, and shall issue a refund or credit to the customer for the amount of the overcharge, computed back to the date that the utility determines the meter error commenced, except that the period of adjustment shall not exceed three years. Such adjusted bill shall be computed in accordance with the following: 1. Fast meters. When any meter is tested and found to be registering more than two percent fast, the utility will refund to the customer the amount of the overcharge, based on corrected meter readings or utility's estimate of the energy usage either for the known Page 128 of 496 period of meter error or, if the period of error is not known, for the period during which the meter was in use, not to exceed three years. 2. Slow meters. If a meter is found to be registering more than two percent slow, the utility may bill the customer for the amount of the undercharge based on corrected meter readings or the utility estimate of the energy usage either for the known period of meter error or, if the period of meter error is not known, for the period the meter was in use, not exceeding three years for all services. 3. Non-registering meters. When any meter is tested and found to be non-registering, the utility may bill the customer for the estimate of electricity consumed but not registered, not exceeding three years for all services. Bills for this purpose will be estimated by the utility. D. Adjustment of bills for billing error. A billing error is an error by the utility that results in incorrect billing charges to the customer. Billing errors may include incorrect meter reads or clerical errors by a utility representative such as applying the wrong rate, wrong billing factor, or an incorrect calculation. Billing error does not include a meter error or unauthorized use, nor any error in billing resulting from meter dial over caused by other than the utility; switched or mismarked meters by other than the utility; improper customer wiring; blown fuse in one energized conductor; inaccessible meter; failure of the customer to-notify utility of changes in the customer's equipment or operation; or failure of the cu§tom to er' take advantage of a•rate or condition of service for which the customer is eligible Where the utility overcharges or undercharges a customer as the result of a billing error,"the utility may render an adjusted bill for the amount of the undercharge, and shall issue a'refund or credit to the customer for the amount of the overcharge for the period of the billing error, but not exceeding three years in the case of an overcharge, and, in the case of an undercharge,-not'exxcceee ing three years for all services. E. Adjustment of bills for unauthorized use Unauthorized use is the use of energy in noncompliance with the utility's tariffs or applicable law. It includes, but is not limited to, meter tampering, unauthorized connection=5freconnection, theft, fraud, intentional or unintentional use of energy whereby the utility is denied'full compensation for electric service provided. Where the utility determines that there hasvbeunauthorized use of electric service, utility may bill the customer for utility's estimate of such`iunauthorized use. However, such estimated bill shall indicate unauthorized use forth\ most recent three years and, separately, unauthorized use beyond the three-year period for collection as provided by law. Nothing in this section shall be interpreted as limiting the utility's rights under any provision of any applicable law. 1. Actual usage. If accurate meter readings from a remote check meter are available for the unauthorized use period, they will be used for billing purposes. 2. Estimated usage. If the electric usage'has not been accurately measured, the utility may estimate the energy usage for billing purposes. The basis for the estimate may include, without limitation, the physical condition of the metering equipment, available meter readings, records of historical use, or the general characteristics of the load and operation of the customer or person being billed, with consideration of any appropriate seasonal adjustment. Estimated bills for the unauthorized use period may be determined by the utility based on one or more of the following, without limitation: a. Accurately-metered use from a remote check meter during the unauthorized use period; b. The known percent error in metering attributable to the unauthorized use; c. Accurately metered use prior to the onset of the unauthorized use; d. The equipment and hours of operation of the customer or person being billed; Page 129 of 496 e. Accurately measured subsequent use of 30 thirty days or more (if available); f. Annual use profile of at least five customers with similar connected load, premises load profiles, hours or energy use, etc. (percent of annual use); or g. Other reasonable and supportable billing methodology when none of the aforementioned billing techniques are appropriate under the circumstances. 3. Recovery of associated costs. Utility may recover from the customer the associated costs resulting from the unauthorized use, including both investigative and equipment damage costs. Investigative costs include time and material spent for investigation, bookkeeping, film and film development, and other costs of gathering evidence. Equipment damage costs include the cost of replacing the utility-owned equipment damaged by the customer. 4. Discontinuance of service. In accordance with the provisions of section 3.46.120, where the utility determines unauthorized use is occurring, the utility may refuse or discontinue service without further notice. If any part of the customer's wiring or any other equipment, or the use thereof, is determined by the utility or any other authorized public agency to be unsafe or in violation of applicable laws, ordinances, rules or regulations of public authorities, or is in such condi ion as to endanger utility service facilities, the utility may discontinue service witho ther notice. The utility may also discontinue service in accordance with the provi i tariffs, for nonpayment of a delinquent billing for unauthorized use and f associated 'osts, including nonpayment under an amortization agreement. F. Limitation on adjustment of bills for en, e. r any error in billing not defined as billing error, meter error, or unauthorized us 3/40,,he ' 't is not required to adjust the bill. However, any billing adjustment not specifica over,d in the tariffs for an undercharge or overcharge shall not exceed three years. /". :- ` (Code 1980, § 3.46.180; Ord. No. 736, § 2( . 1(p a )), 2004) Sec. 3.46.190. Supply to premis• = a o , re le: A. Separate metering. A -7 •a'':: -,' r is required for service to each premises, nor will the electric loads of such sepa ;me _-d premises be aggregated physically, electronically or otherwise, except as may be s -I cally provided for in the rate schedule. B. Residential or nonresi• ial loads. In accordance with section 3.46.170, electric service shall be individually metered to each tenant in a residential or nonresidential building or group of buildings or other development on a single premises with multiple tenants Or enterprises. However, where, in the opinion of the utility, it is impractical to meter each tenant individually or where the city council has authorized the utility to §upply electric service through a single meter, , the utility may provide service through a single meter subject to the provisions of subsections E and F(E) and (F)of this section. C. Other uses or premises. A customer shall not use electricity received from the utility upon other premises, except for utility's operating convenience, nor for other purposes than those specified in the customer's application or in the rate schedule applied. D. Customer with multiple service accounts; meters at a single premises. When a customer (single enterprise) occupies a single premises with multiple service accounts/meters, the readings of such meters shall not be combined for billing purposes, except as provided for in section 3.46.100. However, if the customer physically aggregates the electric loads of such multiple service accounts/meters into a single service account (master-meter), the account will be provided service under an applicable rate schedule. 1 Page 130 of 496 E. Use by others. A customer shall not charge for electricity received from the utility and used by any other person, except: 1. Where the charge to tenants is absorbed in the rental for the premises of space occupied; 2. Where the charge to nondomestic tenants is absorbed in the rental for the premises or space occupied, is not separately identified, and does not vary with electrical usage; or 3. As provided in subsection F of this section. All energy use, including use by others, supplied through a single utility meter is the responsibility of the customer of record. F. Resale of electricity. Resale of electricity or submetering of electricity for the purpose of resale is prohibited, except as provided for under subsection D of this section. Such service shall only be supplied at rates not in excess of those prescribed in the utility's rate schedule for like service and pursuant to a sub-metering agreement between customer and the utility. G. Violation of any provision of this section shall result in discontinuance of electricity or refusal to provide service, in accordance with section 3.46.120. (Code 1980, § 3.46.190; Ord. No. 736, § 2(exh. l(part)), 2004) Sec. 3.46.200. Utility's right of access. A. The utility shall at times have the right of sa t• '• '1:-.s to, and egress from, the customer's premises at all reasonable hours for any ,ttrp•:• re; :onably connected with the furnishing of electric energy and the exercise of any a,. righ..: secured to it by law, or these electric rules. B. The customer is responsible for provid'=,g zinc .•a:+ wining unobstructed access for the utility to all utility-owned facilities located on the •remit:,.. C. Failure to permit access and Al o' -!: _, I in the utility's facilities is grounds for termination of service. This work include eriod reading of meters, maintenance or replacement of primary, secondary, service and m- eri ' acili es, tree trimming, and other necessary work on the utility's electrical facilities, inc .'. re II i- after termination of service. D. If safe access to the m erg': i. V`rovided for any reason, including, without limitation, locked doors, fences, insuffic. tl est ed pets or vegetation, the utility will notify the customer of access problems via door ha a at the monthly scheduled read date. E. If the utility is required "make an appointment or other arrangement to read the meter more than once during any 12-month period, a charge will be made for each appointment thereafter. Repeated failure to provide access may result in installation of remote metering devices at the utility's option. A service charge may be assessed for remote metering devices as noted in the schedule of electric fees and charges adopted by resolution by the city council. (Code 1980, § 3.46.200; Ord. No. 736, § 2(exh. l(part)), 2004) Sec. 3.46.210. Temporary turn-on and turn-off of electric service for repair. A. Temporary turn-on or turn-off for repair. Temporary turn-on or turn-off of electric service for the purpose of allowing the customer to make repairs or changes to wiring will normally be done by the utility during normal working hours. B. Normal working hours are 8:00 a.m. to 4:00 p.m., Monday through Friday. There will be no charge for up to an hour of time. A charge will be made for each additional hour or fraction thereof. If this service is required outside normal working hours, the minimum charge will be as noted in Appendix A the schedule of electric fees and charges adopted by resolution by the city council. Page 131 of 496 C. The above charge will also apply if the customer calls for emergency restoration of service during other than normal working hours, and it is determined that the problem is on the customer's side of the meter and is therefore the customer's responsibility. (Code 1980, § 3.46.210; Ord. No. 736, § 2(exh. 1(part)), 2004) Sec. 3.46.220. Energy diversion. A. General. Energy diversion is presumed to be caused by the customer receiving the benefit of service from the diversion. B. Utility's right to discontinue service. Whenever the utility has determined that energy diversion is occurring or a hazardous condition exists at a given location, the utility shall investigate and may disconnect the service immediately. C. Restoration of service. In order to restore service discontinued under the provision of subsection B of this section, the customer shall be required to pay, in advance, all of the following: 1. Minimum fee plus material or time plus material, whichever is higher. 2. Charges for estimated usage during the period in which the energy diversion occurred based on provisions of section 3.46.100. 3. Charges for discontinuance and restoration of se c covered in section 3.46.120, payments of deposits and the entire current bill D. Appeal by customer. Any portion of the char ort in this rule that is disputed by the customer may be appealed pursuant to the pro ..' ,.t s ection 3.46.110. E. Theft of service. The customer benefiti r;. from 'version shall be assessed a fee to make the utility whole for labor and materials invoti.-d in nvestigating and making any required corrections. (Code 1980, § 3.46.220; Ord. No. 736, § 2(: :,. 1(pa )), 2004) on-this-sehedirile, Rule Number Deselitien l: Amount . 7- Greater oft.. cctimatcd average, nthly hill W9 + Crcatcr of three dcposit4tee cti timer) the en estimated avenge hly.--14ll 7 Service turn on $20 next day $35 charge came day $50 after heu-rs Page 132 of 496 SPeeili4 $40 on charge added to applieable-fee-(dees not apply to the normal 4 hour window appeintment) Late-payment 0.9%per month of ehnege tetal-unpaid- wee 8 Return c eck In accordance with charge ° yofvf Runcho fa Ogee } 1 Fund , rif:cation $a..A0 fee Trip charge for ion visits (cut off for • advance (if error r found, fee will be refunded-) 11 $ 5 (if error is found c„win be re€nnded.-) 49 Appointment b. ed $` meter reads 4.9 Monthly, ntai of $2.50 per month remote metering to resolve acecr�o issues • 20 Temporary turn , $95 per hour or or turn off of faction thereof electric service for working hours) first aggregate hour is free Page 133 of 496 op-turn-off-of faction faetion-thereef electric ocrvicc for • w e z • ..l .. rk 24 root t,. ; otigate Higher„f$150 • . a: e . .. CHAPTER 3.48. UTILITY USER'S FEE Sec. 3.48.010. Title. This chapter shall be known as the "Utility User's Fee of the City of Rancho Cucamonga." (Code 1980, § 3.48.010; Ord. No. 510, § 1(part),1993) Sec. 3.48.020. Definitions. The following words and phrases, whenever u • his apter, shall be construed as follows: City means the City of Rancho Cucamonga. Finance director means the director of i rati e services, or his or her designee, of the city . Gas means natural or manufacture as or any alternate hydrocarbon fuel which may be substituted therefor. Month means a calendar mint Non-utility supplier me.. (a) A service supplier, of than an electrical corporation franchised to serve within the city, which generates ela 'rival energy in capacities of at least 50 fifty-kilowatts for its own use or for sale to others; or (b) A gas supplier, other than a gas corporation franchised to serve the city that sells or supplies gas for its own use or for sale to others within the city. Person means any domestic or foreign corporation, firm, association, syndicate, joint stock company, partnership of any kind,joint venture, club, trust, society or individuals. Service supplier means any entity required to collect or self-impose and remit a fee as imposed by this chapter. Service user means a person required to pay a fee imposed by this chapter. Telephone corporation, electrical corporation, gas corporation and water corporation have the same meanings as defined in Sections 234, 218, 222, and 241, respectively, of the California Public Utilities Code, except the terms "electrical corporation," "gas corporation" and "water corporation" shall also be construed to include any municipality, public agency engaged in the selling or supplying of electrical power or gas or water to a service user. (Code 1980, § 3.48.020; Ord. No. 510, § 1(part), 1993) Page 134 of 496 Sec. 3.48.030. Exemptions. Nothing in this chapter shall be construed as imposing a fee upon any person when imposition of such fee upon that person would be in violation of state California statute, the Constitution of the f C state o� l ia, or the Constitution of the United States. A. Fee;exemption. I. The fee imposed by this chapter shall not apply to any service user that uses electric, gas, water or telephone services in or upon any residence occupied by such service user when the combined total gross income (as used for purposes of the California Personal Income Tax Law) of all members of the household in which such service user resided was less than the current amount established for San Bernardino/Riverside Counties by the United States Department of Housing and Urban Development for very low income families for the applicable family size for the calendar year prior to the fiscal year (July let through June 30th) and for which an application for exemption as provided in this chapter is sought. 2. The fee imposed by this chapter shall not apply to the state of California, any county or city or any district or political subdivision thereof. 3. The exemption granted by subsection A.1 of this section shall not eliminate the duty of the service supplier from collecting feeyfrom_such exempt service users or the duty of such exempt service users fromnpaying such fees to the service supplier, unless an exemption is applied for by these vice user and granted in accordance with the provisions of subsection B ofthis•section. B. Fee;application for exemption; reneroal; notification.. 1. Any service user exempt frolnZthe.fe imposed by this chapter because of the provisions of subsection A of this section may file an application with the finance director for an exemption. Such applications shall be made upon forms supplied by the finance director and shall recite facts under oath which qualify the applicant for an exemption. The.finance-director shall review all such applications and certify as exempt those applicants det mined to qualify therefor, and shall notify all service suppliers affected that such exemption has been approved, stating the name of the • applicant, the address to which such exempt service is being supplied, and such other information as may be necessary for the service supplier to remove the exempt service user from its fee billing procedure. Upon receipt of such notice, the service supplier shall not be required to continue to bill any further fee imposed by this chapter from such exempt service user until further notice by the finance director is given.. The service supplier shall eliminate such exempt service user from its fee billing procedure not later than 60 cixty days after receipt of such notice from the finance director. 2. All exemptions shall continue and be renewed automatically by the finance director so long as the requisite facts supporting the initial qualification for exemption shall continue; provided, however, that the exemption shall automatically terminate with any change in the service address or residence of the exempt service user; further provided such service user may, nevertheless, apply for a new exemption with each change of address or residence. 3. Any service user exempt from the tax shall notify the finance director within ten days of any change in fact or circumstance which might disqualify such service user from receiving such exemption. It shall be a misdemeanor for any service user to Page 135 of 496 knowingly receive the benefits of the exemptions provided by this section when the basis for such exemption either does not exist or ceases to exist. C. Notwithstanding any of the provisions of this section, however, any service supplier who determines by any means that a new or nonexempt service user is receiving service through a meter or connection exempt by virtue of an exemption issued to a previous user or exempt user of the same meter or connection, such service supplier shall notify the finance director of such fact and the finance director shall conduct an investigation to ascertain whether or not the provisions of this section have been complied with, and, where appropriate, order the service supplier to commence collecting the fee from the nonexempt service user. (Code 1980, § 3.48.030; Ord. No. 510, § 1(part), 1993) Sec. 3.48.035. Maximum annual fee. A. Effective August 1, 2001, all fees are reduced to zero. B. To qualify for such maximum aggregate payment, a service user shall submit an application to the finance director, together with sufficient evidence demonstrating payment exceeding the maximum aggregate amount provided in this section. Upon receipt and acceptance of such application, the finance director shall notify each service supplier not to impose the utility • fees required by this chapter upon such service user. Such"accepted and approved service user shall remit the maximum aggregate utility user fee directly to the_city in a form and in installment amounts consistent with the rules and regulations adopted&by the finance director. C. Any service user who has been approved and. accepted to pay the maximum aggregate amount that pays more than the maximum aggregate\fee' provided in this section during one calendar year may claim a refund or credit foresuch"overpayment as provided in this chapter. D. Consistent with the rules and regulations adopted by the finance director, the maximum aggregate amount specified in subsection'A.of thislsection may be adjusted annually in relation to the consumer price index issued by the Umted#States Department of Labor for the greater San Bernardino area. (Code 1980, § 3.48.035; Ord;No 510, §1./1(part), 1993; Ord. No. 558, § 1, 1996; Ord. No. 558-A, § 1, 1997; Ord. No. 558-B, § 1, 1998;.Ord. No. 558C, § 1, 1999; Ord. No. 558D, § 1, 2000; Ord. No. 558E, § 1, 2001) Sec. 3.48.040. Telephone user's fee. A. Effective August 1, 2001, all fees are reduced to zero. B. As used in this ,section, the term "charges" shall not include charges for services paid for by inserting coins in coin-operated telephones, except that where such coin-operated service is furnished for a guaranteed amount, the amounts paid under such guarantee, plus any fixed monthly or other periodic charge, shall be included in the base for computing the amount of fee due; nor shall the term "charge" include charges for any type of service or equipment furnished by a service supplier subject to public utilities commission regulations during any period in which the same or similar services or equipment are also available for sale or lease from persons other than a service supplier subject to public utilities commission regulations; nor shall the term weeds "telephone communication services" include land mobile service or maritime mobile services as defined in 47 CFR 2.1 Section 2.1 of Title 47 of the Codc of Fcdcral Rcgulationa, as said section existed on January 1, 1970. The term "telephone communication services" refers to that service which provides access to a telephone system and the privilege of telephone quality communication with substantially all persons having telephone stations which are part of such telephone system. The telephone user's fee is intended to, and does, apply to all charges billed to a telephone account Page 136 of 496 having a situs in the city, irrespective of whether a particular communication originates and/or terminates within the city. C. The fee imposed by this section shall be collected from the service user by the person providing the intrastate telephone communication services or the person receiving payment for such services. The amount of the fee collected in one month shall be remitted to the finance director on or before the last day of the following month; or, at the option of the person required to collect and remit the fee, an estimated amount of fee collected, measured by the fee bill in the previous month, shall be remitted to the finance director on or before the last day of each month. D. Notwithstanding the provision of subsection A of this section, the fee imposed under this section shall not be imposed upon any person for using intrastate telephone communication services to the extent that the amounts paid for such services are exempt from or not subject to the tax imposed under Division 2, Part 20, of the Ga4i€eeit-Revenue and Taxation Code, of the tax imposed under Section 4251 of the Internal Revenue Code. (Code 1980, § 3.48.040; Ord. No. 510, § 1(part), 1993; Ord. No. 558, § 2, 1996; Ord. No. 558-A, § 2, 1997; Ord. No. 558-B, § 2, 1998; Ord. No. 558C, § 2, 1999; Ord. No. 558D, § 2, 2000; Ord. No. 558E, § 2, 2001) Sec. 3.48.050. Electricity user's fee. A. Effective August 1, 2001, all fees are reduced to zero. • • • B. As used in this section, the term "using electrical energy" shall not be construed to mean the storage of such energy by a person in a battery owned or possessed by him for use in an \ , . automobile or other machinery device apart from the premises upon which the energy was received; provided, however, that the term "using electrical energy" shall include the receiving of such energy for the purpose of using it in-the charging of batteries; nor shall the term "using electrical energy" include electricity used and\cconsumed by an electric utility supplier in the conduct of its business as an electric publi\.tilitynor shall the term include the mere receiving of such energy by an electric corporation":or governmental agency at a point within the city for resale; nor shall the term "using electrical energy" include the use of such energy in the production or distribution of water by a water-utility. ro g vo ernmental agency. C. The fee imposed in isectron shall be collected from the service user by the energy service supplier or non-utility supplier. The tax imposed in this section on use supplied by self- generation or from a non-utility y supplier not subject to the jurisdiction of this chapter shall be collected and remitted to the finance director in the manner set forth in section 3.48.080. of thio chapter. The amount of fee collected by a service supplier or a non-utility supplier in one month shall be remitted by United States mail to the finance director, postmarked on or before the last day of the following month, or at•the.option of the person required to collect and remit the fee, an estimated amount of fee measured by the fee billed in the previous month, or based upon the payment pattern of the customers. (Code 1980, § 3.48.050; Ord. No. 510, § 1(part), 1993; Ord. No. 558, § 3, 1996; Ord. No. 558-A, § 3, 1997; Ord. No. 558-B, § 3, 1998; Ord. No. 558C, § 3, 1999; Ord. No. 558D, § 3, 2000; Ord. No. 558E, § 3, 2001) • Sec. 3.48.055. Tax on cogenerated electricity. A. Notwithstanding the rate provisions in section 3.48.050 of this chapter, the fee imposed on every person using cogenerated electrical energy in the city shall be at the rate of 4.66 percent of the value of the cogenerated electrical energy consumed in the city. Cogenerated electricity shall be valued at the electric utility supplier's combined avoided cost energy pricing and avoided cost capacity pricing which is filed with the state California public utilities commission. Page 137 of 496 B. The co-generator shall install and maintain an appropriate metering system which will enable compliance with this section. C. The fee shall be collected and paid by the co-generator under section 3.48.065 of thic chapter if the co-generator consumes the energy. If the co-generator sells the energy for consumption in the city, the fee will be imposed on the charges made for such service and shall be collected and paid by the person to whom the energy is sold. (Code 1980, § 3.48.055; Ord. No. 510, § 1(part), 1993) Sec. 3.48.060. Gas user's fee. A. Effective date; definition. 1. Effective August 1, 2001, all fees are reduced to zero. 2. The term "charges," as used in this section, shall include: (a) The charge for gas which is delivered through mains of pipes or mobile transports; (b) Gas transportation charges; and (c) , Demand charges, services charges, customer charges, minimum charges, annual and monthly charges, and any other authorized byftF e state California public utilities commission of the Federal Energy Regulatory Commission. B. The fee otherwise imposed by this section is not pa plicableto: (1) Charges made for gas which is to be resold an^\\delivered through mains and pipes; \\ (2) Charges made for gas used and consumed by a public utility or governmental agency in the course of its business: \\ (3) Charges made by a gas public utility or\gas-used and consumed in the course of its public utility business; or (4) Charges made for gas used_in the propulsion of a motor vehicle, as authorized in the Vehicle Code • - • C. The fee imposed in tlii, es ct o shall be collected from the service user by the person selling or transporting the-gas. A person selling only transportation services of gas to a service user for delivery of gas through‘mains or pipes shall collect the fee from the service user based on the cost of transporting the gas. The person selling or transporting the gas shall, on or before the . last day of each calendar month, commencing on the 20th twentieth day of the calendar month after the effective date of the ordinance codified in this chapter, make a report to the finance director stating the amount of fees billed during the preceding calendar month. At the time such reports are filed, the person selling or transporting the gas shall remit fee payments to the finance • director in accordance with schedules established or approved by the finance director. The fee imposed in this section on use supplied by self-production or a non-utility supplier not subject to the jurisdiction of this chapter, shall be collected by and remitted to the finance director in the time and manner set forth in section 3.48.080 of thic chapter. (Code 1980, § 3.48.060; Ord. No. 510, § 1(part), 1993; Ord. No. 558, § 4, 1996; Ord. No. 558-A, § 4, 1997; Ord. No. 558-B, § 4, 1998; Ord. No. 558C, § 4, 1999; Ord. No. 558D, § 4, 2000; Ord. No. 558E, § 4, 2001) Sec. 3.48.065. Service users receiving direct purchasing of gas, electricity or telephone service. A. Notwithstanding any other provision of this chapter, a service user receiving gas, electricity or telephone service directly from a non-utility supplier not under the jurisdiction of this chapter, or otherwise not having the full fee due on the use of gas, electricity or telephone service Page 138 of 496 in the city directly billed and collected by the service supplier, shall report said fact to the finance director within 30 thirty days of said use and shall directly remit to the city the amount of fee due. B. The finance director may require said service user to provide, subject to audit, filed tax returns or other satisfactory evidence documenting the quantity of gas, electricity or telephone service used and the price thereof (Code 1980, § 3.48.065; Ord. No. 510, § 1(part), 1993) Sec. 3.48.070. Water user's tax. A. Effective August 1, 2001, all fees are reduced to zero. B. There shall be excluded from the base on which the fee imposed in this section is computed charges made for water which is to be resold and delivered through mains or pipes; and charges made by a municipal water department, public utility or a city or municipal water district for water used and consumed by such department, utility or district. C. The fee imposed in this section shall be collected from the service user by the person supplying the water. The amount collected in one month shall be remitted to the finance director on or before the last day of the following month. (Code 1980, § 3.48.070; Ord. No. 510, § 1(part), 1993; Ord. N.58, § 5, 1996; Ord. No. 558-A, § 5, 1997; Ord. No, 558-B, § 5, 1998; Ord. No. 558C, § 5, 1999; O3•d`No 558D, § 5, 2000; Ord. No. 558E, § 5, 2001) Sec. 3.48.075. Exemption for energy produced by.fuel'cells. • ;\ Notwithstanding any other provision of this chapter, no tax shall be imposed on the use of energy produced through the use of fuel cell technology. (Code 1980, § 3.48.075; Ord. No. 510, § 1(pa rt), 1993p Sec. 3.48.080. Fee collection; procedures. The duty to collect and remit the fees imposed by this chapter shall be performed as follows: A. The fee shall be collected, insofar as practicable, at the same time as, and along with, the charges made in accordance with the regular billing practices of the service supplier. Where the amount paid by a service user to a service supplier is less than the full amount of the energy charge andfee which has been accrued for the billing period, such amount and any subsequent payments by a service user shall be applied to the utility charge first until such charge has been fully satisfied. Any remaining balance shall be applied to fees • due. 13. The duty to collect fees from a service user shall commence with the beginning of the first full regular billing period applicable to the service user where all charges normally included in such regular billing are subject to the provisions of this chapter. C. Where a person receives more than one billing, one or more being for different periods than another, the duty to collect shall arise separately for each billing period. (Code 1980, § 3.48.080; Ord. No. 510, § 1(part), 1993) Sec. 3.48.090. Delinquent payments; interest and penalty. A. Fees collected from a service user which are not remitted to the finance director on or before the due dates provided in this chapter are delinquent. B. Penalties for delinquency in remittance of the fee collected, or any deficiency determination, shall attach and be paid by the person required to collect and remit at the rate of 15 fifteen percent of the total fee collected or imposed by this chapter. Page 139 of 496 C. The finance director shall have power to impose additional penalties upon persons required to collect and remit fees under the provisions of this chapter for fraud or negligence in reporting or remitting at the rate of 15 fifteen percent of the amount of the fee collected or as recomputed by the finance director. D. Every penalty imposed under the provisions of this chapter shall become a part of the fee required to be remitted. (Code 1980, § 3.48.090; Ord. No. 510, § l(part), 1993) Sec. 3.48.100. Fee deemed debt to city; collection. Any fee required to be paid by a service user under the provisions of this chapter shall be deemed a debt owed by the service user to the city. Any such fee collected from a service user which has willfully been withheld from the finance director shall be deemed a debt owed to the city by the person required to collect and remit. Any person owing money to the city under the provisions of this chapter shall he liable to an action brought in the name of the city for the recovery of such amount. (Code 1980, § 3.48.100; Ord. No. 510, § 1(part), 1993) Sec. 3.48.110. Administration and enforcement; finance d� actor authority. A. The finance director shall have the power and duty'-andd-is directed, to enforce each and• all of the provisions of this chapter. fly B. The finance director shall have the power adopt rules and regulations not inconsistent with provisions of this chapter for the purpose of carrying out and enforcing the payment, collection and remittance of the fees imposed in this chapter.'" C. The finance director may make admihistrativeagreements to vary the requirements of this chapter so that collection of any fee�'imposed- may be made in conformance with the billing procedures of the particular service supplier so long as said agreements result in collection of the fee in conformance with the general>p ru pose and4cope of this chapter. D. The finance director shall'det amine the eligibility of any person who asserts a right to exemption from the fee imposed by this chapter. The finance director shall provide the service supplier with the name of any person who the finance director determines is exempt from the fee imposed hereby, together with the-address to which service is supplied to any such exempt person. The finance director shall notifyYthe service supplier of termination of any person's right to exemption hereunder, or the change of any address to which service-is supplied to any exempt person. E. The finance director shall provide written notice to all service suppliers of any change in the city's boundaries at least 90 ninety days prior to any annexation or other change in the city's boundaries. Said notice shall set forth the revised boundaries by street and address along with a copy of the final annexation order from LAFCO. (Code 1980, § 3.48.110; Ord. No. 510, § 1(part), 1993) Sec. 3.48.120. Failure to remit; assessment and administrative remedies. A. The finance director may make an assessment for fees not remitted by a person required to remit. • B. Whenever the finance director determines that a service user has deliberately withheld the amount of the fee owed by him from the amounts remitted to the service supplier who is required to collect the fee, or that a service user has refused to pay the amount of the fee to such person, or whenever the finance director deems it in the best interest of the city, he or she may • Page 140 of 496 relieve such person of the obligation to collect the fees due under this chapter from certain named service users for specified billing periods. C. The service supplier shall provide the city with amounts refused, along with the names and addresses of the service users refusing to pay the fee imposed under provisions of this chapter. Whenever the service user has failed to pay the amount of the fee for a period of two or more billing periods, the service supplier shall be relieved of the obligation to collect fees due. D. The finance director shall notify the service user that he has assumed responsibility to collect the fees due for the stated periods and demand payment of such fees. The notice shall be served on the service user by handing it to him personally or by deposit of the notice in the U.S. mail, postage prepaid thereon, addressed to the service user at the address to which billing was made by the person required to collect the fee; or, should the service user have changed his address, to his last known address. If a service user fails to remit the fee to the finance director within 15 fifteen days from the date of the service of the notice upon him, which shall be the date of mailing if service is not accomplished in person, a penalty of 25 twentyr-:e—percent of the amount of the fee set forth in the notice shall be imposed but not less than $5.00 five dollar;,. The • penalty shall become part of the fee herein required to be paid. (Code 1980, § 3.48.120; Ord. No. 510, § l(part), 1993) Sec. 3.48.130. Recordkeeping requirements. It shall he the duty of every person required to collect and remit%to the city any fee imposed by this chapter to keep and preserve, for a period of three yea s, all records as may be necessary to determine the amount of such fee as he may have been liable for the remittance to the finance director, which records the finance director shall`\ve the'\riglit to inspect at all reasonable times. (Code 1980, § 3.48.130; Ord. No. 510, § 1(part);1993) Sec. 3.48.140. Refunds authorized when; p\\dures. A. Whenever the calculation of-the amount of any fee due and owing under this chapter is `1 alleged to have resulted in an overpayment or a payment more than once, it may be refunded by t . the finance director as providen sub ectrons B and C of this section, provided a claim in writing therefor, stating under penalty ofjper,lury-the specific grounds upon which the claim is founded, is filed with the finance director within one year of the date of the claimed overpayment. The claim shall be on forms furnished by the finance director. B. A service supplier may claim a refund or take as credit against fees collected and remitted an amount overpaid or paid 'more than once when it is established that the person'from whom the fee has been collected did not owe the fee. C. . Any'service user may obtain a refund of fees overpaid or paid more than once by filing a claim in the manner provided in subsection A of this section, but only when the service user having paid the fee to the service supplier establishes to the satisfaction of the finance director that the service user has been unable to obtain a refund from the service supplier who collected the fee. D. Notwithstanding other provisions of this section, whenever a service supplier, pursuant to an order of the state California public utilities commission or a court of competent jurisdiction, makes a refund to service users of charges for past utility services, the fees paid pursuant to this chapter on the amount of such refunded charges shall also be entitled to claim a credit for such refunded fees against the amount of the fee which is due upon the next monthly returns. In the event this chapter is repealed, the amounts of any refundable fees will be borne by the city. (Code 1980, § 3.48.140; Ord. No. 510, § l(part), 1993; Ord. No. 558, § 6, 1996; Ord. No. 558-A, § 6, 1997; Ord. No. 558-B, § 6, 1998; Ord. No. 558C, § 6, 1999; Ord. No. 55813, § 6, 2000) • Page 141 of 496 CHAPTER 3.52. COMMUNITY AND RECREATION CENTER IMPACT FEE Sec. 3.52.010. Purpose. The city council finds that the purpose of the Community and Recreation Center Impact Fee hereby enacted is to prevent new residential development from reducing the quality and availability of public services provided to residents of the city by requiring new residential development to contribute to the cost of expanding the availability of community and recreation center assets in the city. The city finds: A. There are a number of existing community and recreation centers within the city, as well as the Victoria Gardens Cultural Center. B. Fees apply only to residential development. C. There is a need for fees to serve future development in the city without placing a burden on existing resources. D. Community and recreation centers serve the entire population. E. Revenue from the impact fees will be used to expand the availability of community and recreation center assets in the city; through the acquisition or improvement of real property; or the acquisition, construction, or expansion of buildings, furnishings, equipment, or any of these. F. New residential development and the expansion offexisting development within the city impose a burden on the existing community and re reation facilities by adding additional population. \Y� G. The fees are based on the relationship between the city's existing population and the replacement cost of the existing community`ce ter, recreation center, and cultural center facilities. H. Population is used as the demaridwariable when calculating these fees because the need �.� for community and recreation centersls normally defined in terms of population per unit for that type. I. The level of service'st na dard`used to calculate impact fees is the existing ratio of facility replacement cost to population. J. The cost per capita will be applied to future population to compute impact fees per unit. K. Since assisted living facilities are allowed in some residential zoning districts with a conditional use permit; and residents of those facilities do make use of the community and recreation center facilities, impact fees will apply to new development of these types of facilities. L. Impact fees for other specialized development types should be calculated in the same way if the need arises. M. The fee established by this chapter is in addition to any other fees or charges or taxes that are required by law as a condition of development. N. The period of greater than ten 48)-days prior to adoption of this chapter, data has been available to the public, and to developers and their representative, indicating the cost or estimated cost of the infrastructure to be funded, the revenue sources anticipated and means of spending these costs. (Ord. No. 865, § 3, 6-18-2014) Page 142 of 496 Sec. 3.52.020. Definitions. For the purposes of this chapter, the following words shall have the meanings set forth below: A City/service area shall mean the entire city of Rancho Cucamonga. •Gravelling unit shall include each single-family dwelling, each unit of an apartment, duplex dwelling group or multiple dwelling structure or condominium or planned residential development as a separate habitat for one or more persons or each mobilehome space designed to contain a mobilehome trailer on a semi-permanent or permanent basis. K-Facilities mean those park and recreation facilities, land, improvements, or infrastructure located in the city Rancho Cucamonga. IPerson includes every person, firm or corporation constructing a dwelling unit directly or through the services of any employee, agent or independent contractor. Br Residen.tial development means mil' inae all dwelling units constructed for the first time on open land or when existing structures are remodeled, and added to or otherwise altered to increase the number of dwelling units. -FStudy means the Development Impact Fee Study Report dated April 22, 2014. (Ord. No. 865, § 3, 6-18-2014) Sec. 3.52.030. Establishment and administration of Community and Recreation Center Impact Fees. The city council finds that there is a reasonahle=relationship between the use of the fees and the need for facilities of development projects on which they are imposed. A. The finance director shall establish_a-special interest-bearing fund entitled "Community and Recreation Center Impact F es.'?All fees ollected pursuant to this chapter shall be deposited in this fund and shall be expended on the availability of community and recreation center assets in the,cit\r‘:\__ B. A fee is imposed in the amounts_set,forth in this chapter and shall be applicable to every dwelling unit as defined'in se tic on 3.52.020 constructed in the city after the effective date of the ordinance codified in this chapter and shall be known as the "Community and Recreation Center Impact Fee. (Ord. No. 865, § 3, 6-18-2014) • • Sec. 3.52.040. Payment. The fee imposed by this chapter shall be due and payable upon issuance of a building permit or issuance of a certificate of occupancy, whichever occurs first; unless otherwise preempted by state regulations. (Ord. No. 865, § 3, 6-18-2014) 'Sec. 3.52.050. Fees. The fees imposed to-be-paid-by this chapter shall be set by resolution of the city council. (Ord. No. 865, § 3, 6-18-2014) Sec. 3.52.060. Fee exemptions. In the event that a development project is found to have no impact on facilities for which impact fees are charged, such project must be exempted from the fees. (Ord. No. 865, § 3, 6-18-2014) Page 143 of 496 Sec. 3.52.070. Use of fees. The city council finds that there is established a community and recreation center fund where all sums collected pursuant to this chapter shall be deposited and shall be used to expand on the availability of community and recreation center assets in the city to serve new development. Those public facilities and other assets are identified in the 2014 Development Impact Fee Study. (Ord. No. 865, § 3, 6-18-2014) Sec. 3.52.080. Severability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall affect the other provisions of this chapter which can be given effect without the invalid provisions or its application, and to this end, the provisions of this chapter are severable. (Ord. No. 865, § 3, 6-18-2014) CHAPTER 3.56. LIBRARY IMPACT FEE • Sec. 3.56.010. Purpose. The city council finds that the purpose of the Library Impact Fee herby enacted is to prevent new residential development from reducing the quality and availability of public services provided to residents of the city by requiring new residential,devel pme'yto contribute to the cost of expanding the availability of library and cultural center assets in the city. The city finds: A. There are two libraries currently in the city:Archibald and Paul A. Biane Library. B. Paul A. Biane Library is part of thee Victoria Gardens Cultural Center. C. Paul A. Biane Library includes space for\futuredexpansion. D. The city will assess the need for If future development of a new library. E. Fees apply only to residentialjdevelopm nt. F. The need for fees to serve ffuuture-development in the city without placing a burden on existing resources. G. The libraries serve the'entire population. H. Revenue from the impact'fees will be used to expand the availability of library and cultural center assets in the city through the acquisition or improvement of real property; or the acquisition, construction, or expansion of buildings, furnishings, equipment, or any of these. I. New residential development and the expansion of existing development within the city impose a burden on the existing libraries by adding additional population. J. The fees are based on the relationship between the city's existing population and the replacement cost of existing libraries, cultural center facilities, and material. K. Population is used as the demand variable when calculating these fees because the need for libraries is normally defined in the terms of population per unit for that type. L. The level of service standard used to calculate impact fees is the existing ratio of facility and material replacement cost to population. M. The cost per capita will be applied to future population to compute impact fees per unit. N. Since assisted living facilities are allowed in some residential zoning districts with a conditional use permit; and residents of those facilities do make use of the library facilities, impact fees will apply to new development of these types of facilities. Page 144 of 496 0. impact fees for other specialized development types should be calculated in the same way if the need arises. P. The fee established by this chapter is in addition to any other fees or charges or taxes that are required by law as a condition of development. Q. The period of greater than ten (10)-days prior to adoption of this chapter, data has been available to the public, and to developers and their representative, indicating the cost or estimated cost of the infrastructure to be funded, the revenue sources anticipated and means of spending these costs. (Ord. No. 865, § 4, 6-18-2014) Sec. 3.56.020. Definitions. For the purposes of this chapter, the following words shall have the meanings set forth below: City/service area shall mean the entire city of Rancho Cucamonga. &Dwelli.ng unit shall include each single-family dwelling, each unit of an apartment, duplex dwelling group or multiple dwelling structure or condominium or planned residential development as a separate habitat for one or more persons or each mobile1home space designed to contain a mobile home trailer on a semi-permanent or permanent basis. E-Facilities . mean those libraries or cultural center'-fate `c ties; land, improvements, or infrastructure located in the city Rancho Cucamonga. ,.,*\},„\� ze -I-Person includes every person, firm or corporation constructing a dwelling unit directly or \U through the services of any employee, agent or independent contractor. 1-3-Residential development shall include alll\dwelling units constructed for the first time on . open land or when existing structures are�remod led,and added to or otherwise altered to increase the number of dwelling units. \J\J F Study means the Developmentimpact.FeeoStudy Report dated April 2014. (Ord. No. 865, § 4, 6-18-2014) Sec. 3.56.030. Establishment and administration of Library Impact Fees. "\\ Y Y The city council finds that.there is a reasonable relationship between the use of the fees and the need for facilities of development t projects on which they are imposed. A. The finance director shall establish a special interest-bearing fund entitled "Library Impact Fees." All fees collected pursuant to this chapter shall be deposited in this fund and shall be expended on the availability of library facilities and material assets in the • city. • B. A fee is imposed in the amounts set forth in this chapter and shall be applicable to every dwelling unit as defined in section 3.56.020 constructed in the city after the effective date of the ordinance codified in this chapter and shall be known as the "Library Impact Fee." (Ord. No. 865, § 4, 6-18-2014) Sec. 3.56.040. Payment. The fee imposed by this chapter shall be due and payable upon issuance of a building permit or issuance of a certificate of occupancy, whichever occurs first; unless otherwise preempted by state regulations. (Ord. No. 865, § 4, 6-18-2014) Page 145 of 496 Sec. 3.56.050. Fees. The fees to be paid by this chapter shall be set by resolution of the city council. (Ord. No. 865, § 4, 6-18-2014) Sec. 3.56.060. Fee exemptions. • In the event that a development project is found to have no impact on facilities for which impact fees are charged, such project must be exempted from the fees. (Ord. No. 865, § 4, 6-18-2014) Sec. 3.56.070. Use of fees. The city council finds that there is established a library fund where all sums collected pursuant to this chapter shall he deposited and shall be used to expand on the availability of library and cultural center assets in the city to serve new development. Those public facilities and other assets are identified in the 2014 Development Impact Fee Study. (Ord. No. 865, § 4, 6-18-2014) Sec. 3.56.080. Severability. If any provision of this chapter or the application thereof to-any person or circumstances is held invalid, such invalidity shall affect the other provisions ofihis)chapter which can be given • effect without the invalid provisions or its application and to`this end, the provisions of this chapter are severable. (Ord. No. 865, § 4, 6-18-2014) �1) CHAPTER 3.60. ANIMAL CENTER IMPACT FEE Sec. 3.60.010. Purpose. �� The city council finds that the purpose`of he Animal Center Impact Fee herby enacted is to prevent new residential development from reducing the quality and availability of public services provided to residents of the city-by requinng new residential development to contribute to the cost of expanding the availability o`fanimal'center assets in the city. The city finds: Y Y A. There is only one animal center that serves the entire population. B. The current animal center is at maximum capacity, and that there will be need for . expansion or construction of a new animal center as the population continues to grow. C. These fees apply only to residential development. D. The need for fees is-to serve future development in the city without placing a burden on existing resources. E. Revenue from the impact fees may be used to expand the availability of animal center assets in the city through the acquisition or improvement of real property; or the acquisition, construction, or expansion of buildings, furnishings, equipment, or any of these. F. New residential development and the expansion of existing development, within the city impose a burden on the existing animal center by adding additional population. G. Population is used as the demand variable when calculating these fees because the need for animal center services is normally defined in the terms of population per unit for that type. H. The level of service standard used to calculate impact fees is the existing ratio of facility and material replacement cost to population. Page 146 of 496 I. The cost per capita will be applied to future population to compute impact fees per unit. J. Impact fees for other specialized development types should be calculated in the same way if the need arises. K. The fee established by this chapter is in addition to any other fees or charges or taxes that are required by law as a condition of development. L. The period of greater than ten ('00` days prior to adoption of this chapter, data has been available to the public, and to developers and their representative, indicating the cost or estimated cost of the infrastructure to be funded, the revenue sources anticipated and means of spending these costs. (Ord. No. 865, § 5, 6-18-2014) Sec. 3.60.020. Definitions. For the purposes of this chapter, the following words shall have the meanings set forth below: 4-City/service area shall mean the entire city of Rancho Cucamonga. GDiuelling and shall include each single-family dwelling, each unit of an apartment, duplex dwelling group or multiple dwelling structure or condominium:ar,planned residential development as a separate habitat for one or more persons or each mobilehome space designed to contain a . mobilehome trailer on a semi-permanent or permanent basis. F Equipment/material shall include all necessary mater�ialss'that are required for the proper operation of the facility for which this fee is impo ed.�..„ E-Facilities mean those animal center facilities, land; improvements, or infrastructure located in the city, Runeho Cene.».,.nga Person. includes every person, firm or�corpor\ation constructing a dwelling unit directly or through the services of any employee, agent or independent contractor. 44-Residential development shall--nclu'alldwelling units constructed for the first time on open land or when existing structures are-remodeled, and added to or otherwise altered to increase the number of dwelling units. \c G,Study means the Development t I mpact Fee Study Report dated April 2014. (Ord. No. 865, § 5, 6-18-2014) \\'y • Sec. 3.60.030. Establishment and administration of Animal Center Impact Fees. The city council finds that there is a reasonable relationship between the use of the fees and the need for facilities of development projects on which they are imposed. A. The finance director shall establish a special interest-bearing fund entitled "Animal Center Impact Fees." All fees collected pursuant to this chapter shall be deposited in this fund and shall be expended on the availability of animal center facilities and material assets in.the city. B. A fee is imposed in the amounts set forth in this chapter and shall be applicable to every dwelling unit as defined in section 3.60.020 constructed in the city after the effective date of the ordinance codified in this chapter and shall be known as the "Animal Center Impact Fee." (Ord. No. 865, § 5, 6-18-2014) Page 147 of 496 Sec. 3.60.040. Payment. The fee imposed by this chapter shall be due and payable upon issuance of a building permit or issuance of a certificate of occupancy, whichever occurs first; unless otherwise preempted by state regulations. (Ord. No. 865, § 5, 6-18-2014) Sec. 3.60.050. Fees. The fees to be paid by this chapter shall be set by resolution of the city council. (Ord. No. 865, § 5, 6-18-2014) Sec. 3.60.060. Fee exemptions. In the event that a development project is found to have no impact on facilities for which impact fees are charged, such project must be exempted from the fees. (Ord. No. 865, § 5, 6-18-2014) Sec. 3.60.070. Use of fees. The city council finds that there is established an animal center fund where all sums collected pursuant to this chapter shall be deposited and shall be used to.expand on the availability of the animal center assets in the city to serve new development.°Tlios p lhic facilities and other assets are identified in the 2014 Development Impact Fee Study. (Ord. No. 865, § 5, 6-18-2014) Sec. 3.60.080. Severability. If any provision of this chapter or the,application thereof to any person or circumstances is held invalid, such invalidity shall affect the other p o isions of this chapter which can be given effect without the invalid provisions or Its application, and to this end, the provisions of this chapter are severable. (Ord. No. 865, § 5, 6-18-2014) III .0 PTER)3:64. POLICE IMPACT FEE \S"Sec. 3.64.010. Purpose. The city council finds that the purpose of the Police Impact Fee herby enacted is to prevent new residential and commercial/industrial development from reducing the quality and availability of public services provided to residents of the city by requiring new residential and business development to contribute to the cost of expanding the availability of police assets in the city. The city finds: A. Police services, facilities and equipment are needed to serve future development in the city. B. Police services serve the entire population of residential and businesses-population. C. The need to expand the existing fleet of police vehicles and equipment will be necessary as the population continues to grow. D. The city will assess the need to expand policy facilities into the northeastern portion of the city as indicated in the current city general plan. E. These fees apply to all residential and business development. Page 148 of 496 • F. Revenue from the impact fees may be used to expand the availability of police assets in the city through the acquisition or improvement of real property; or the acquisition, construction or expansion of buildings, furnishings, equipment or any of these. G. New residential and business development within the city imposes a burden on the existing police facility by adding additional population. H. The demand variable that determine the fees is based on the relationship between the city's existing population and the calls for service and the replacement cost for police facilities and equipment. I. Police impact fees paid by new development are based on the same level of service currently provided to the existing residential and businesses in the city. J. Since assisted living facilities are allowed in some residential zoning districts with a conditional use permit; and residents of those facilities do make use of police services, impact fees will apply to new development of these types of facilities. R. The cost per capita will be applied to future population to compute impact fees per unit. L. Impact fees for other specialized development types should be calculated in the same way, if the need arises. M. The fee established by this chapter is in addition to-any-other fees or charges or taxes • that are required by law as a condition of development. N. The period of greater than ten (10) days prior to-adoption of this chapter, data has been available to the public, and to developers ad‘thelr'representative, indicating the cost or estimated cost of the infrastructure to/he fund,'the revenue sources anticipated and means of spending these costs. \\` —18) (Ord. No. 865, § 6, 6-18-2014) Sec. 3.64.020. Definitions. For the purposes of this chapter, the following words shall have the meanings set forth below: . P )Businesses shall include=all commercual/uudustrial, hotel/motel, and office units. A AT-City/service area oluilkmeans the entire city. of Rancho Cucamonga. GDrvellnig unit ohall includes-each single-family dwelling, each unit of an apartment, duplex- dwelling group or multiple dwelling structure or condominium or planned residential development as a separate habitat for one or more persons or each mobilehome space designed to contain a mobilehome trailer on a semi-permanent or permanent basis. CTEquipnuen.t/material shall includes all necessary materials that are required for the proper operation of the facility for which this fee is imposed as defined in the Development Impact Fee Study dated April 2014. FFacilities mean those police facilities, land, improvements, or infrastructure located in the city nunche C..c -IrPersoa includes every person, firm or corporation constructing a dwelling unit directly or through the services of any employee, agent or independent contractor. 14-Residential development shall includes all buildings or dwelling units constructed for the first time on open land or when existing structures are remodeled and added to or otherwise altered to increase the number of dwelling units. -14-Study means the Development Impact Fee Study Report dated-April 2014. • (Ord. No. 865, § 6, 6-18-2014) Page 149 of 496 • Sec. 3.64.030. Establishment and administration of Police Impact Fees. The city council finds that there is a reasonable relationship between the use of the fees and the need for facilities of development projects on which they are imposed. A. The finance director shall establish a special interest-bearing fund entitled `Police Impact Fees." All fees collected pursuant to this chapter shall be deposited in this fund and shall be expended on the availability of police facilities and material assets in the city. B. A fee is imposed in the amounts set forth in this chapter and shall be applicable to every dwelling unit as defined in section 3.64.020 constructed in the city after the effective date of the ordinance codified in this chapter and shall be known as the "Police Impact Fee." (Ord. No. 865, § 6, 6-18-2014) Sec. 3.64.040. Payment. The fee imposed by this chapter shall be due and payable upon issuance of a building permit or issuance of a certificate of occupancy, whichever occurs first; unless otherwise preempted by state regulations. (Ord. No. 865, § 6, 6-18-2014) Sec. 3.64.050. Fees. The fees imposed to be paid by this chapter shall be'see .y resolution of the city council. (Ord. No. 865, § 6, 6-18-2014) \� Sec. 3.64.060. Fee exemptions. YYY In the event that a development project i'found'to have no impact on facilities for which impact fees are charged, such project mus t be ex mpted from the fees. (Ord. No. 865, § 6, 6-18-2014) 110 \yj/ Sec. 3.64.070. Use of fees. • The city council finds that there is-established a police fund where all sums collected pursuant to this chapter shall be deposi edYand shall be used to expand on the availability of police facility assets in the city to serve new development. Those public facilities and other assets are identified in the 2014 Development Impact Fee Study. • (Ord. No. 865, § 6, 6-18-2014) Sec. 3.64.080. Severability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall affect the other provisions of this chapter which can be given effect without the invalid provisions or its application, and to this end, the provisions of this chapter are severable. (Ord. No. 865, § 6, 6-18-2014) CHAPTER 3.68. PARK IN-LIEU/PARK IMPACT FEES Sec. 3.68.010. Purpose. The city council finds that the purpose of the Park In-lieu/Park Impact Fees hereby enacted is to prevent new residential development from reducing the quality and availability of public services provided to residents of the city by requiring new residential and commercial development to contribute to the cost of expanding the availability of police assets in the city. The city finds: Page 150 of 496 A. The need for two types of development fees for parks: Fees for park land acquisition and fees for park improvement. B. Fees for park land acquisition are subdivided: Fees in-lieu of park land dedication for subdivisions, and impact fees for park land acquisition not involving subdivisions. C. The need for fees to serve future development in the city without placing a burden on existing resources. . D. The general plan has been adopted containing specific policies and standards for parks and recreation facilities. E. Dedicated land and/or in-lieu fees are to be used only for the purpose of developing new or rehabilitating existing neighborhood or community parks or recreational facilities to serve the subdivision paying the fees. F. Park impact fees apply only to land acquisition in residential subdivisions. G. The demand factor for each type of residential development is the average population per unit for that type because the need for parks in a community is almost always based on population. H. The total acreage of city-owned park land will be used to determine the existing level of service for purposes of calculating impact fees for parkvla'd'acquisition. I. Improved park acreage will be used to determine thelxting level of service for the calculation of impact fees for park improvements. J. Impact fees for other specialized development tyyp\pes should be calculated in the same way, if the need arises. K. The period of greater than ten (•19)-da`ys p or-'to adoption of this chapter, data has been available to the public, and to developers and their representative, indicating the cost or estimated cost of the infrastructure to be funded, the revenue sources anticipated and means of spending these costs. \�' (Ord. No. 865, § 7, 6-18-2019) -�� Sec. 3.68.020. Definitions. ` For the purposes of this chapter, the following words shall have the meanings set forth below: A-City/service area chall means the entire city : - - -• - _- _ . Q.Dcvelling unit shall-includes each single-family dwelling, each unit of an apartment, duplex dwelling group or multiple dwelling structure or condominium or planned residential development as a separate habitat for one or more persons or each mobilehome space.designed to contain a mobilehome trailer on a semi-permanent or permanent basis. • E-Facilities mean those park and recreation facilities, land, improvements, or infrastructure located in the city. Rancho n..oumenm., I1-Person includes every person, firm or corporation constructing a dwelling unit directly or through the services of any employee, agent or independent contractor. B4?esidential development chall includes all dwelling units constructed for the first time on open land or when existing structures are remodeled, and added to or otherwise altered to increase the number of dwelling units. FStu.dy means the Development Impact Fee Study Report dated April 2014. (Ord. No. 865, § 7, 6-18-2014) Page 151 of 496 Sec. 3.68.030. Establishment and administration of Park In-lieu/Park Impact Fees. The city council finds that there is a reasonable relationship between the use of the fees and the need for facilities of development projects on which they are imposed. A. The finance director shall establish a special interest-bearing fund entitled "Park In- . lieu/Park Impact Fees." All fees collected pursuant to this chapter shall be deposited in this fund and shall be expended on the availability of park and recreation assets in the city. B. A fee is imposed in the amounts set forth in this chapter and shall be applicable to every dwelling unit as defined in section 16.51.020 constructed in the city after the effective date of the ordinance codified in this chapter and shall be known as the Park In-lieu/Park Impact Fee. (Ord. No. 865, § 7, 6-18-2014) Sec. 3.68.040. Payment. The fee imposed by this chapter shall be due and payable upon issuance of a building permit or issuance of a certificate of occupancy, whichever occurs first, unless otherwise preempted by state regulations. (Ord. No. 865, § 7, 6-18-2014) • Sec. 3.68.050. Fees. The fees imposed te-be-paid-by this chapter shall:be set by resolution of the city council. (Ord. No. 865, § 7, 6-18-2014) {� Y Sec. 3.68.060. Fee exemptions. In the event that a development proj ect is Mound to have no impact on facilities for which impact fees are charged, such project must.be exempted from the fees. oe (Ord. No. 865, § 7, 6-18-2014) itioL Sec. 3.68.070. Use of fees. The city council finds tha c here is established a Park In-lieu/Park Fund where all sums collected pursuant to this chapter shall be deposited and shall be used to expanded on the availability of park and recreationnter assets in the city to serve new development. Those public facilities and other assets are identified in the 2014 Development Impact Fee Study. (Ord. No. 865, § 7, 6-18-2014) Sec. 3.68.080. Severability. • If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall affect the other provisions of this chapter which can be given effect without the invalid provisions or its application, and to this end, the provisions of this chapter are severable. (Ord. No. 865, § 7, 6-18-2014) Page 152 of 496 Title 4 RESERVED • 1\1111 a Page 153 of 496 Title 5 BUSINESS TAXES, LICENSES AND REGULATIONS* *Constitution reference—Limitation on taxes, fees, rates and charges, Calif. Const. arts. XIII-A,XIII-D. State law reference—Authority to license for revenue and regulation purposes and fix the license tax upon every kind of lawful business, Government Code§ 37101. CHAPTER 5.04. BUSINESS LICENSES AND TAXES* *State law reference—Authority to license for revenue and regulation purposes and fix the license tax upon every kind of lawful business, Government Code § 37101. ARTICLE I. GENERAL PROVISIONS Sec. 5.04.010. Purposes of provisions. This article and article II of this chapter are enacted solely to raise revenue for municipal purposes and are not intended for regulation. (Code 1980, § 5.04.010;Ord. No. 21, art. I, § 2, 1978) Sec. 5.04.020. Definitions. ... For the purposes of this chapter, unless otherwise a•• •s . e,;4 m the context, the following words and phrases shall have the meanings set out belo.,-. ABusiness means and includes professions, trad- occupations and every other kind of calling carried on for profit or livelihood, whether -`'i•+ := p ;r,• or livelihood is earned thereby. &Collector, as used in this chapter, means t e city r. cial charged with the administration of this chapter. ' G.Contntercial handbill, as used in t 9 is cha r, means any handbill which is distributed for the purposes of advertising for sal s • - •oods, ares, merchandise or services, or any other commercial activity and includes 'fit ;:_,;tin or circulation of samples of goods, wares and merchandise. DGEntployee means any ;. I e ed in the operation or conduct of any business, whether as owner, member of the oWn,711ramily, partner, agent, manager, or solicitor, and any or all other persons employed or working in =i,., h businesses. ED-Gross receipts includes the total amount of the sale price of all sales and the total amount charged or received for the performance of any act of service, of whatever nature it may be, for which a charge is made or credit allowed, whether or not such act or service is done as a part of, or in,connection with, the sale of materials, goods, wares, or merchandise. Included in the term "gross receipts" shall be all receipts, cash, credits, and property of any kind or nature without any deduction therefrom on account of the cost of the property sold, the cost of the materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever. Excluded from the term "gross receipts" shall be: 1. Cash discounts allowed and taken on sales; 2. Credit allowed on property accepted as part of the purchase price and which property may later be sold; 3. Any tax required by law to be included in, or added to, the purchase price and collected from the consumer or purchaser; 4. Such part of the sale price of property returned by purchasers upon the rescission of the contract of sale as is refunded either in cash or by credit; Page 154 of 496 5. Amounts collected for others where the business is acting as an agent or trustee to the extent that such amounts.are paid to those for whom the same are collected; and 6. That portion of the receipts of a general contractor, which receipts represent payments to subcontractors provided such subcontractors are licensed pursuant to the provisions of this chapter and provided the general contractor furnishes to the collector the names and addresses of the subcontractors and the amounts paid each subcontractor. -EGross payroll includes all salaries of owners, officers, partners, agents, and employees of the company based at that location in the city for the year immediately preceding any license application or renewal. The term "salary" shall mean wages, commissions, bonuses or other money payment of any kind which is received from or given credit for by his employer. It shall not include travel expenses incurred in the business of the employer and reimbursed by the employer. QNoncommercial handbill means any handbill other than a commercial handbill. HFPerson means and includes all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, Massachusetts businesses or common law trusts, societies, and individuals transacting and carrying on any business in the city other than as an employee. 34Starting date;ao used in this chapter, means that date when a newly established business first commences its operation. ;., I&Sworn statement means an affidavit sworn to b ; e aA.persori authorized to take oaths, or a declaration or certification made under penalty of pe ii ury. (Code 1980, § 5.04.020; Ord. No. 21, art. I, § 1, 1978; ©•rd. No. B,• § 1--3, 1986) Sec. 5.04.030. Licenses required; exceptio j s. A. There are imposed upon the bus ra•es, professions, callings, and occupations set forth in this chapter license taxes in the ;se ounts ,_et forth in article II of this chapter. It shall be unlawful for any person to trans4 ns :y on any business, trade, profession, calling, or occupation in the city without h.4in: procured a license from the city so to do or without complying with any and all app a4b=',.rovi ions of this chapter. zti B. The provisions of Ms se"etion shall not be construed to required any person to obtain a license prior to doing businesawithin the city if such requirement conflicts with applicable statutes of the United States or th 'state. C. The issuance of a license shall not infer that the applicant has satisfied any other city,. local, state or federal requirements. (Code 1980., § 5.04.030;Ord. No. 21, art. I, § 3, 1978) • State law reference—Authority to license and regulate, Government Code § 37191. Sec. 5.04.040. License application. Every person required to have a license pursuant to the provisions of this chapter shall make an application for the license to the collectors. (Code 1980, § 5.04.040; Ord. No. 21, art. I, § 4, 1978) Sec. 5.04.050. License application statement. A. Upon making an application for the first license to be issued pursuant to the provisions of this chapter or for a newly established business, the applicant shall furnish to the collector such other information as is necessary or convenient for the enforcement of the provisions of this chapter. including but not limited to. information authorized to be collected pursuant to 42 USC 405(c)(2)(C)(i). .. . . . '- --• .. . . • . . .. . . . . . - . -- - . . . .. •. . Page 155 of 496 In all cases where the amount of license tax to be paid is measured by gross receipts or gross payroll, the applicant shall also furnish to the collector his guidance in ascertaining the amount of license tax to be paid by the applicant, a sworn statement upon a form provided by the collector, setting forth such information as may be required on such form and as may be necessary to determine the amount of the license tax to be paid by the applicant. B. If the amount of the license tax to be paid by the applicant is measured by gross receipts, or gross payroll, lithe applicant shall estimate the gross receipts or gross payroll for the period to be covered by the license to be issued. Such report, if accepted by the collector as reasonable, shall be used in determining the amount of license tax to be paid by the applicant; provided, however, the amount of the license tax so determined shall be tentative only. C. Such applicant shall, within 30 the-days after the expiration of the period for which such license was issued, furnish to the collector a sworn statement upon a form furnished by the collector, showing the actual, . _. . • :, ..... . . . ... -_. .:, or gross payroll during the period of such license. The license tax for such period shall be finally ascertained and paid in the manner provided in this article for the-ascertaining the paying of renewal license taxes for other businesses after deducting from the payment found to be due the amount paid at the time such first license was issued. D. The collector shall not issue to any such person an. i er __..-nse for the same or any other business until such person shall have furnished to him s s` ss.tement and paid the license tax as required in this section. (Code 1980, § 5.04.050; Ord. No.21, art. I, § 5, 1978) Sec. 5.04.060. Licenses form. Upon the payment of the prescribed collector shall issue to the applicant a license which shall contain the following: A. The name of the person to whom_±.'a lice:se is issued; B. The type of business for ,. .0s`h- i -nses are issued; C. The place where the b. se-, s • se transacted and carried on; D. The date of the ex• is of t'‘• license; and E. Such other informatics may be necessary or convenient for the enforcement of the provisions of this chapte (Code 1980, § 5.04.060; Ord. No. 21, art. I, § 6, 1978) Sec. 5.04.070. Licenses; denial; appeal procedure. A. Any person aggrieved by any decision of the collector with respect to the issuance or refusal to issue a license may, within ten days of the date of the decision, appeal the decision to the council city manager. or his or her designee. by filing a written notice of appeal with the clerk the-eeuneil city manager. B. The council city manager. or his or her designee, shall thereupon fix a time and place for hearing such appeal within 30 t -days of the date of said decision. The aggrieved party shall l given notice to-such person of the time and place of the hearing by serving the notice personally or by depositing it in the United States Post Office in the city, certified mail, poet ge prepaid, addressed to sea the aggrieved party at his or her last known address. C. The eeuneil city manager. or his or her designee,shall have the authority to determine all questions raised on such appeal during the hearing. No such determination shall conflict with any substantive provision of this chapter. Page 156 of 496 D. Following such hearing, the city manager. or his or her designee. may reverse, modify, or affirm the decision of the collector with respect to the issuance or refusal to issue a license. The city manager shall render a decision within a reasonable period of time not to exceed 60 eixty days of the conclusion of the hearing. The decision of the city manager. or his or her designee, shall be final. (Code 1980, § 5.04.070; Ord. No. 21, art. I, § 7, 1978) Sec. 5.04.080. Separate licenses for branch establishments, multiple business activities. A separate license shall be obtained for each branch or location of the business transacted and carried on. Different business activities at the same location, where each is taxable on gross receipts, or gross payroll, may be combined or consolidated and one tax paid on the basis of the rate applicable to that one activity responsible for the largest percentage of gross receipts. The licensee shall have the right to apportion gross receipts and apply individual tax rates accordingly, if desired. However, warehouses and distributing plants used in connection with, and incidental to, a business license pursuant to the provisions of this chapter shall not be deemed to be separate places of business or branch establishments; and provided, further, for used car lots operated by one owner where no separate books are maintained for separate locations, a flat fee in-the-emote of twenty five d^"ara per year shall be paid for each separate oeation in addition to the tax for the gross receipts of the entire business, as provided in the reven e ' ii, ::ions of this chapter. (Code 1980,1 5.04.080; Ord. No. 21, art. I, § 8, 1978) ` Sec. 5.04.090. Licenses renewal. The applicant for every renewal of a licen.• shal =a.b , to the collector, for his guidance in ascertaining the amount of the license tax to be !aid by he applicant, a sworn statement upon a form to be provided by the collector, sett. ;, ,su . information concerning the applicant's business during the preceding year as m be r ire-, by the collector to enable him to ascertain the amount of the license tax to be paid b he app icant pursuant to the provisions of this chapter. (Code 1980, § 5.04.090; Ord. No. 21, ar ;, 1 Sec. 5.04.100. Licenses nontr: i s = : WV/ No license issued purs a he 1 !.visions of this chapter shall be transferable. (Code 1980, § 5.04.100; Ord. No.2 , . I, § 10, 1978) Sec. 5.04.110. License location change fee. Where a license is issued authorizing a person to transact and carry on a business at a particular place, such licensee may, upon application therefor and paying a fee in the amount of $5.00-five-dollars, have the license amended tQ authorize the transacting and carrying on of the . business under the license at some other location to which the business is, or is to be, moved. (Code 1980, § 5.04.110; Ord. No. 21, art. I, § 11, 1978) Sec. 5.04.120. License fee for duplication. A duplicate license may be issued by the collector to replace any license previously issued pursuant to the provisions of this chapter, which previously issued license has been lost or destroyed, upon the licensee filing a statement of such fact. At the time of filing the statement, the licensee shall pay to the collector a duplicate license fee in the amount of$2.004we-dollare. (Code 1980, § 5.04.120; Ord. No. 21, art. I, § 12, 1978) Sec. 5.04.130. License posting and keeping. All licenses shall be kept and posted in the following manner: Page 157 of 496 A. Any licensee transacting and carrying on business at a fixed place of business in the city shall keep the license posted in a conspicuous place upon the premises where such business is carried on. B. Any licensee transacting and carrying on business, but not operating at a fixed place of business in the city, shall keep the license upon his person at all times while transacting and carrying on such business. (Code 1980, § 5.04.130;Ord. No. 21, art. I, § 13, 1978) Sec. 5.04.140. License taxes payment due date. Unless otherwise specifically provided, after payment of the initial license tax, all annual license taxes.provided in this chapter shall be due and payable one year from the initial starting date and on such date each year thereafter. go followo: . . • _ . _ .. . . . . . . • . . - - .. . . - .. - - . -- .. - . . . - •• . • . . . .. - • • . .. . (Code 1980, § 5.04.140;Ord. No. 21, art. I, § 14, 1978;Ord. No. • ;, , 198' Sec. 5.04.150. License taxes penalties for delinque Upon failure to pay any license tax when $ e, c. 1 .- tor shall add a penalty of 50 CAT/ percent of such license tax when due and owing 1 -: . - s ays after the due date thereof. For new businesses, the penalty shall accrue 31 . 'a : following the business start date. For purposes of this section, the computation/of s y:' ays shall include all weekends and holidays except, if the 30th thirtieth-day e.ereof s on a weekend or holiday, such 30th thirtieth day shall be deemed to be the next - us ,s .y. (Code 1980, § 5.04.150; Ord. No. 21, .' 411, P 78; Ord. No. 21-A, § 1, 1983; Ord. No. 21B, § 5, 1986; Ord. No. 21-C, § 1, 1988) Sec. 5.04.160. License taxer pt'i ns. A. The provisions of this c -r shall not be deemed or construed to require the payment of a license tax to engage in any b'siness operated for nonprofit purposes where such business is conducted. managed or carried on by and/or only for the benefit of any nonprofit organization, including fraternal societies. orders or organizations. religious. charitable.philanthropic. scientific, literary or educational organizations. amateur sports or kiumanitarian organizations. civic leagues, social welfare and employees' organizations. nonprofit recreation clubs, political organizations, home owners'associations and military. federal. state, county or municipal organizations. B. The provisions of this chapter shall not be deemed or construed to apply to veterans qualifying under Business and Professions Code &§ 16001, 16001.5, or 16001.7. A-C.The provisions of this chapter shall not be deemed or construed to apply to any person transacting and carrying on any business exempt from the payment of the taxes prescribed in this chapter by virtue of the Constitution or applicable statutes of the United States or of the state. B-D. No license tax provided for in this chapter shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a license tax is believed by a licensee or applicant for a license to place an undue burden upon such commerce, such licensee or applicant may apply to the license collector for an adjustment of the tax so that it shall not be discriminatory or unreasonable as to such commerce. Such application may be made before, at, or within six Page 158 of 496 months after the payment of the prescribed license tax. The applicant shall, by affidavit and supporting testimony, show his method of business, the gross volume or estimated gross volume of the business, and such other information as the collector may deem necessary in order to determine the extent, if any, of such undue burden on interstate commerce. The collector shall then conduct an investigation and, after having first obtained the written approval of the city attorney, shall fix as the license tax for the applicant an amount which is reasonable and nondiscriminatory or, if the license tax has already been paid, shall order a refund of the amount over and above the license tax so fixed. In fixing the license tax to be charged, the collector shall have the power to base the license tax upon a percentage of gross receipts or any other measure which will ensure that a license tax assessed shall be uniform with that assessed on businesses of like nature; provided, however, the amount so assessed shall not exceed the license tax as prescribed in this chapter. Should the collector determine the gross receipts measure of license tax to be the proper basis, he may require the applicant to submit, either at the time of the termination of the applicant's business in the city or at the end of each three-month period, a sworn statement of the gross receipts of the applicant and require the applicant to pay the amount of license tax therefor; provided, however, no additional license tax during any one calendar year shall be required after the licensee shall have paid an amount equal to the annual license tax as prescribed in this chapter. G- Any person claiming an exemption pursuant ovisions of this section shall • file a verified statement with the collector, stating the fa tiipon whi, the exemption is claimed. $-F. The collector shall, upon a proper showi ine. in the verified statement, issue a license to such person claiming an exemption p - •t he provisions of this section without payment to the city of the license tax required by his c •to . I.-G. The collector, after giving no a :sonable opportunity for a hearing to a licensee, may revoke any license gran d p..: to the provisions of this section upon information that the licensee is not entith, to the xemption as provided in this section. (Code 1980, § 5.04.160; Ord. No. 21, art,... _•4.16, 41 , State law reference—Exemption f. •n-,.�,,!,_,.rganizations, Government Code § 37101(c). Sec. 5.04.170. License tax _ an pe . ties; civil actions by city for recovery. The amount of any licens-• x and penalty imposed by the provisions of this chapter shall be deemed a debt to the city. An acF,on may be commenced in the name of the city in any court of competent jurisdiction for the amount of any delinquent license tax and penalties. (Code 1980, § 5.04.170;Ord. No. 21, art. I, § 17, 1978) Sec. 5.04.180. Statements; not nonconclusive. No statement required by the provisions of this chapter shall be conclusive as to the matters set forth therein, nor shall the filing of the same preclude the city from collecting by appropriate action such sum as is actually due and payable. (Code 1980, § 5.04.180;Ord. No. 21, art. I, § 18, 1978) Sec. 5.04.190. Statements; records inspection and verification requirements. A. In an effort to obtain necessary information to establish fees, the city will proceed with a pre-audit request for such information. This pre-audit request will be in the form of a certified letter requesting verification of figures used to determine license fees. Such information is to be returned to the city within seven days of receipt of said request. B. The statements required by the provisions of article II of this chapter, and each of the several items therein contained, shall be subject to inspection and verification by the city manager Page 159 of 496 or his duly appointed deputy to examine and inspect such books and records of any licensee or applicant for a license as may be necessary to verify or ascertain the amount of license tax due; provided, however, such inspection and verification shall be limited to those books and records necessary to establish the necessary fees as enumerated in article II of this chapter. A certificate executed by a certified public accountant licensed by the state or a bona fide public accountant shall establish a rebuttal presumption that gross receipts of such licensee are as stated in the statements required by the revenue provisions of article II of this chapter. (Code 1980, § 5.04.190; Ord. No.21, art. I, § 19, 1978) Sec. 5.04.200. Statements; confidentiality. The information furnished or secured pursuant to the provisions of sections 5.04.050, 5.04.090, 5.04.190 and this section 6-04400 shall be confidential and used for official purposes only. except for the following information contained in the business license application: business name, business telephone. business mailing address and physical business location, the exact nature of the business for which the license is required, owner's name and the name of the principals, and the type of business entity. Any unauthorized disclosure or use of ouch that is confidential under this section by any officer or employee of the city shall constitute a misdemeanor, and such officer or employee shall be subject= .o the penalty provisions of the chapter, in addition to any other penalties provided by law. (Code 1980, § 5.04.200; Ord. No. 21, art. I, § 20, 1978) Sec. 5.04.210. Statements; tax determination assess ii, it procedure. A. If any person fails to file any required •.tate.g =:i t .,,:thin the time prescribed or if, after demand therefor made by the collector, such per-,In fails `},. file a corrected statement, the collector may determine the amount of license tax d u • r+as_-uch person by means of such information as the collector may be able to obtain. fi�r, B. If such determination is made, th cone or shall give a notice of the amount so assessed by serving it in person or by depos l it iii'die United States Post f Office �� may, postage prepaid, addressed to the person Ass his last known address. C. Such person may, l i-.115� n days after the mailing or serving of such notice, make •an application in writing to e_collector for a hearing on the amount of the license tax. If such application is made, the collector4all cause the matter to be set for hearing before the city council within 15 fifteen days. D. The collector shall give at least ten days' notice to such person of the time and place of the hearing in the manner prescribed in subsection B of this section for serving notices of assessments. , E. Notices. The city council shall consider all evidence produced and shall make findings thereon which shall be final. A notice of such findings shall be served upon the applicant in the manner prescribed in subsection B of this section for serving notices of assessments. (Code 1980, § 5.04.210; Ord. No. 21, art. I, § 21, 1978) Sec. 5.04.220. Licensees subject to other laws. The term "license," as used in this chapter, shall not be construed to mean a permit. The payment of a business license tax required by this article, and its acceptance by the city, and the issuance of such license to any person shall not entitle the holder thereof to carry on any business unless he has complied with all of the requirements of this Code and all other applicable laws, nor to carry on any business in any building or on any premises designated in such license in the event that such building or premises are situated in a zone or locality in which the conduct of such business is in violation of any law. Page 160 of 496 (Code 1980, § 5.04.220; Ord. No. 21, art. I, § 22, 1978) Sec. 5.04.230. Collector powers and duties. A. The collector is hereby charged with the duty of carrying out and enforcing the provisions of this chapter. B. In addition to all other powers conferred upea-by this chanter, the collector shall have the authority, for good cause shown, to extend the time for filing any required sworn statement for a period not exceeding 30 days and in such case to waive any penalty which would otherwise have accrued. I4e-The collector shall have the further authority, with the consent of the city council, to compromise any claim as to the amount of license tax due. (Code 1980, § 5.04.230; Ord. No. 21, art. I, § 23, 1978) Sec. 5.04.240. Effect of provisions. Neither the adoption of this chapter nor its superseding any portion of any other law of the city shall in any manner be construed to affect prosecution for the violation of any law committed prior to January 1, 1978, or be construed as a waiver of any license or any penal provision applicable to any such violation, nor be construed to affect the validity of any bond or cash deposit required by any law to be posted, filed, or deposited, and `rights and obligations thereunto appertaining shall continue in full force and effect. (Code 1980, § 5.04.240; Ord. No. 21, art. I, § 24, 1978) Sec. 5.04.250. Enforcement authority. A. It shall be the duty of the collector, and,:- t i : _- , r is hereby directed, to enforce each and all of the provisions of this chapter, and the;;.olice e ief shall render such assistance in such enforcement as may from time to time be requ-p,, .I.--;.,, k t collector or the city council. B. The collector, in the exercise of.the du h,:-s imposed iven-Iiim-by the provisions of this chapter and acting through his-depu -s u1y thorized assistants, shall examine, or cause to be examined, all places of busines- . •e cto ascertain whether the provisions of this chapter have been complied with. C. The collector, eac o E_; or her assistants, and any police officer, shall have the power and authority to enter, s,-e of charge and at any reasonable times, any place of business required to be licensed by the p lions of this chapter and demand an exhibition of its license certificate. D. Any person, having such license certificate in his possession or under his control, who willfully fails to exhibit the same on demand shall be deemed guilty of a misdemeanor and subject to the penalties provided for, in this chapter. It shall be the duty of the collector and each of his or her assistants to cause a complaint to be filed against any and all persons found to be violating any of such provisions. (Code 1980, § 5.04.250; Ord. No. 21, art. I, § 25, 1978) Sec. 5.04.260. Violations of provisions. A. Any person who violates any of the provisions of this chapter or who knowingly or intentionally misrepresents to any officer or employee of the city or the fire district any material fact in procuring the license or permit provided for in this chapter shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punishable as set forth in this Code. B. For purposes of determining whether a business is being conducted in violation of the provisions of this chapter, the use of any medium, including but not limited to print or electronic media. to advertise hold out, or represent that the business is being conducted in the city. or holding an active license or permit issued by a governmental agency indicating that the business is • Page 161 of 496 being conducted in the city shall be considered prima facie evidence that the business is being conducted in the city. --•- -• .• =• • • -• - - • • • . -•. • •• - - - (Code 1980, § 5.04.260;Ord. No. 21, art. I, § 26, 1978) Sec. 5.04.270. Remedies cumulative. All remedies prescribed in this chapter shall be cumulative, and the use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter. (Code 1980, § 5.04.270;Ord. No.21, art. I, § 27, 1978) ARTICLE II. GROSS RECEIPT TAXES; RETAIL, WHOLESALE AND OTHER BUSINESSES Sec. 5.04.280. Gross receipts taxes; retail, wholesale, and other businesses . Every person who engages in a retail or wholesale or other business within the city, which business is not otherwise classified in this chapter, shall pay a license tax for each year based on the following: A. $23.00 Twcnt th_ dolla for the first '.25 000.0__ 1 - . • ... : : : of gross receipts; S B. If applicable, an additional $0.60 sixty-cents-.y:: <4'1,00 .00 or portion thereof will be added to the above for th OS.0 of gross receipts of the business; C. If applicable, an additional the-.J, h'>:;;- ; .: ;er $1,000.00 or portion thereof will be added to the abov- for '° n=`:``'.400 000.00 of gross receipts; D. If applicable, an addition 1 . •: per $1,000.00 or portion thereof will be added to f r any amount of gross receipts over $500,000.00-five (Code 1980, § 5.04.280; Ord. N . . II, , 1978; Ord. No. 21B, § 6, 1986) Sec. 5.04.290. Gross receipts t ,des; professions, semi-professions and similar businesses. A. Every person who engages in a professional or semi-professional and similar businesses within the city, which business is not otherwise classified in this chapter, shall pay a license tax for each year based on the following: 1. $23.00 Twenty-three-dollars-for the first $25,000.00 twenty five thous nd•dol aro of gross receipts; 2. If applicable, an additional $1.20 one dollar and twenty cent© per $1,000.00 thousand dollars or portion thereof will be added to the above for the next $75,000.00 seventy-five f gross receipts of the business; 3. If applicable, an additional $0.50 fifty cents per $1,000.00 or portion thereof will be added to the above for the next $400.000.00 of gross receipts; 4. If applicable, an additional $0.20 twenty cents-per $1,000.00 or portion thereof will be added to the above for any amount of gross receipts over $500,000.00five Page 162 of 496 5. In the case of real estate brokers maintaining an office within the city, all real estate commissions will be included when reporting the gross receipts of the business except such portion of gross receipts reflecting sales made of real property outside of the city, where the outside sales are required to be reported and business license tax paid thereon to another community. In the case of real estate brokers maintaining an office within the city, gross receipts shall not be reduced because of any compensation paid, directly or indirectly, to a real estate salesperson licensed under such broker. In the case of real estate brokers not maintaining an office within the city, only real estate salesmen's commissions from sales of real property within the city shall be reported as gross receipts. B. Enumerated. Professions, semi-professional callings, and similar businesses shall include, but not be limited to, the following: 1. Accountants; 2. Advertising agents (except outdoor advertising); 3. Appraisers; 4. Aquarians; S 5. Architects; 6. Artists; 7. Assayers; 8. Attorneys at law; 9. Bacteriologists; 10. Certified public accountants; tiSe/I� 11. Chemists; (1 12. Chiropodists; 13. Chiropractors; 14. Chirothesians; ' 15. Collection agents; • 16. Consulting engineers; 17. Credit counselors; 18. Credit raters; 19. Dentists; 20. Designers and illustrators; 21. Directory publishers; 22. Doctors of medicine; 23. Draftsmen; 24. Drugless practitioners; 25. Electrologists; 26. Employment agencies; 27. Engravers; 28. Engineers (civil, chemical, structural, or hydraulic); Page 163 of 496 29. Engineers (mechanical); 30. Entomologists; 31. Escrow services; 32. Geologists; 33. Insurance broker adjusters; 34. Insurance claims adjusters; 35. Laboratories; 36. Landscape architects; 37. Lapidaries; 38. Lithographers; 39. Masseurs or masseuses; 40. Oculists; 41. Optometrists; 42. Osteopathic physicians; • 43. Personnel consultants; 44. Physicians; 45. Psychologists; • • 46. Real estate brokers; 47. Stockbrokers/salesmen; 48. Surgeons; OC) 49. Surveyors; 50- Taxidermists; 110 --- 51. Veterinarians; and V� t such other occupations as the city council shall, from time to time, by resolution, determine to be a profession, semi-professional calling/or similar business. (Code 1980, § 5.04.290; Ord- No. 21, art. II, § 2, 1978; Ord. No. 208, § 1, 1983;.Ord. No. 21a § 7, 1986) • Sec. 5.04.300. Crux, receipts taxcs;Entertainment and amusements. Every person who, within the city;conducts any entertainment or amusement set forth in this section shall pay a license tax as follows: A. Tax rate: 1. A base tax of$20.00 twenty dollars will apply in all cases; 2. In addition, $1.80 one dollar and eighty cents per $1,000.00 thousand dollars will be added to the base tax for the first $100,000.00 one hundred thousand dollars of gross receipts of the business during the calendar year or part of the calendar year; 3. If applicable, an additional $1.00 one dollar per $1,000.00 thousand dollars will be added to the above for any amount of gross receipts over $100,000.00 one hundred thousand dollars. B. Dancing is subject to the provisions of this chapter 1 of title 5 of this Code. Page 164 of 496 C. Entertainment and amusements and similar business shall include, but not be limited to, the following: 1. Arcades; 2. Billiard rooms or poolrooms; 3. Bowling lanes; 4. Carnivals; 5. Circuses; 6. Exhibitions; 7. Motion picture and other theaters; 8. Music machines; 9. Nightclubs; 10. Skating rinks; and 11. Skill game machines. (Code 1980, § 5.04.300; Ord. No. 21, art. II, § 3, 1978) Sec. 5.04.310. Gross receipts tax; contractors, rentalscpersonal)services. , A. Every person who engages in the above classification ofbusinesses, which business is not otherwise classified in this chapter shall pay a license_taz for each year based on the following: 1. A base tax of$20.00 twenty dollars will,\pp\aIl ac ses; 2. In addition, $0.90 ninety cents per$1,000.00 thousand dollars will be added to the base f � tax for the first $100,000.00 one hundred`fhousand dollars of gross receipts of the business during the year; 3. If applicable, an additional=$O:40'forty cents per $1,000.00 thousand -will be added to the above for the next465000.00 six hundred fifty thousand dollars of gross receipts of the business; 4. If applicable, an addi a1�.25 twenty five cents per $1,000.00 thousand dollars will be added to the above for any amount of gross receipts over $750,000.00 seven hundred fifty thensand-delIers-of gros jreceipts. B. Contractors shall include general contractors, developers, engineering contractors, and all subcontractors doing work within the city. General contractors may deduct from gross receipts, contract amounts paid to subcontractors who are licensed by the city upon furnishing a list of the names, addresses and contract amounts paid to such subcontractors. C. Rentals shall include hotels, motels, apartments, apartment courts, roominghouses, duplexes, triplexes, trailer courts, mobilehome parks, and similar rental units having four or more units, spaces or rooms on contiguous property in the city. In the event of the sale of any property described in this subsection, the holder of a license therefor may apply for a refund of the tax for any full quarter remaining to the end of the tax year on condition that the buyer shall have paid the license tax for the quarter year in which the sale was completed and for the balance of the tax year including any penalties due. D. Personal services shall include, but not be limited to, the following: 1. Barbershops; 2. Beauty shops; 3. Boardinghomes; • • Page 165 of 496 4. Boarding schools; 5. Convalescent centers; 6. Day care; 7. Detective agency; 8. Gardening; 9. General maintenance; 10. Institutions; 11. Janitorial; 12. Nonexempt hospitals; 13. Nursery schools; 14. Nursing homes; 15. Rest homes; 16. Sanitariums; and, 17. Welding service. E. Issuance of any license for personal cares be mad upon compliance with the planning$ � egdepartment of the city, and evidence t t • app$ ant has a valid license, permit or certificate as may be required by an agency of the ; a d/or county. (Code 1980, § 5.04.310; Ord. No. 21, art. II, § 5, 1978; c rd. No.=1B, 8, 9, 1986) State law reference—License of contractor authorize rs...Gover, ent Code § 37101.7. Sec. 5.04.320. Gross receipts taxes; de `very ve icle other than occasional. A. Every person, not having a fixe lace f business within the city, who delivers goods, wares, or merchandise by the use 10 e city shall pay a license tax for each year based on the following: 1. A base tax of',36.01, '. .,- : : shall apply in all cases; 2. In addition, $0.60 • : per $1,000.00 will be added to the base tax for any gross receipts in ,access of$10,000.00 resulting from sales in the city from all vehicles,routes, etc., for a tax year. B. For the purpose of this section, the term "occasional" shall mean not more than one delivery per calendar month. (Code 1980, § 5.04.320;Ord. No. 21, art. II, § 7, 1978; Ord. No. 21B, § 10, 1986) Sec. 5.04.330. Gross receipts taxes; rental of commercial property. Every person who engages in the above classification of business shall pay a license tax for each year based on the following: A. A base tax of$20.00 will apply in all cases; B. In addition, $0.90 ninety cents per $1,000.00 will be added to the base tax for the first $100,000.00 of gross receipts of the business durin g the year; C. If applicable, an additional $0.40 forty eento per $1,000.00 will be added to the above for the next $650,000.00 _ . , .; : _. : : : _ • : . .of gross receipts of the business; Page 166 of 496 D. If applicable, an additional $0.25 twenty five cents per $1,000.00 will be added to the above for any amount of gross receipts over $750,000.00 f gross receipts. (Code 1980, § 5.04.330;Ord. No. 21, art. II, § 8, 1978; Ord. No. 504, § 1, 1992) Sec. 5.04.340. Gross payroll taxes. A. Every person acting in the city as a manufacturer, processor, fabricator, administrative headquarters or warehouse only shall pay a license tax for each year based on the following: 1. A base tax of$20.00 twenty-dol re-will apply in all cases; 2. In addition, $0.60 sixteents-per $1,000.00 will be added to the base tax for the first $100,000.00 of gross payroll•of the business during the tax year; 3. If applicable, an additional $0.25 twenty five cents per $1,000.00 will be added to the above for the next $900,000.00 of gross payroll of the business; 4. If applicable, an additional $0.10 ten cents per 1 000 00 will be added to the above for any amount of gross payroll ov 000,000.0 provided that the maximum license fee based on a 11 be $1.000.00 dollars-annually. B. This section shall also include, but not be limite , the ollowing: 1. Finance company; 2. Loan company; 3. Publishers; and 4. Radio and T.V. stations. (Code 1980, § 5.04.340; Ord. No. 21, a.� 4, 1 , rd. No. 21B, § 11, 1986) Sec. 5.04.350. Flat rate taxe ,'s. a s us regulatory businesses. Every person who, wit ity, = gages in any of the businesses or occupations set forth in this subsection shall pay a lice tax as follows; in addition, each person shall comply with the regulatory section of this Code the pplies to each respective case: A. Advertising by bill posting and distributing handbills, except for noncommercial handbills: $200.00 per year, or $100.00 per quarter, $50.00 fifty dollars per week, $25.00 twenty five dollars per day; provided, however, no fee shall be charged for licenses'to distribute noncommercial handbills; and provided further, if any such license is surrendered by the licensee or revoked for cause, neither the licensee named in such license nor any other person shall be entitled to any refund of any part of such fee; B. Ambulance operators, for business licenses for ambulance service and related health service: $35.00 per year for each ambulance; C. Auctioneers: $75.00 seventy five dollars per year for each auctioneer, with a maximum of $225.01 • . . . . . . - . • . . . D. Dancing clubs where admission is charged and public dances, public dancehalls, and any dance floor or ballroom open to the public: $10.00 ten-Aellefs-for each dance or day of operation, or $25.00 per quarter, in addition to any other business licenses tax required of the operator of the premises; Page 167 of 496 E. Peddlers and persons soliciting, canvassing, or taking orders from house to house or from place to place in the city, or for any goods, wares, merchandise, or article to be delivered in the future, or for services to be performed in the future, or making, manufacturing, or repairing any article whatsoever for future delivery: $10.00 ten dollar° per day, or $50.00 fifty dollars per year, or fraction thereof, for the first solicitor, and for each supplementary license, except for charity solicitors: $25.00 twenty five dollaro per year, or fraction thereof; provided, however, every solicitor or other person claiming to be entitled to an exemption from the payment of any license tax provided for in this chapter upon the grounds that such license tax casts a burden upon his right to engage in commerce with foreign nations or among the several states, or conflicts with the regulations of the United States Congress respecting interstate commerce shall comply with all the provisions set forth in this chapter except that, upon the approval of such solicitor's or other person's application,.the collector shall cause to he issued to such person a free permit which shall be worn in the manner prescribed in section 5.04.130; and other exemptions from the payment of license taxes may be granted by resolution of the city council; F. Photographers with no local place of business: $75.00 seventy five dollaro per year, plus $50.00 fifty dollars per year for each solicitor, subject-to the provisions of subsection KG of this section; G. Taxicab and automobile for hire operators: $24,00 twenty four dollars per year; H. Cocktail lounges: $100.00 one hundred dollar°per.year for ach location; I. Photographers with no local place of busin s:\Where a payment or deposit is demanded or accepted in advance of final delivery(by photographers with no local place of business, cash or surety bond in the sum of-$500.00 ivc hundred dollars shall be furnished the collector to guarantee the delivery or the refund of the deposit. (Code 1980, § 5.04.350; Ord. No. 21, art. II § 6; 1978) • Sec. 5.04.360. Public utilities. Any public utility operating'in tthhe city under a franchise or franchises from the city and which public utility makes franchise payments thereunder shall be subject to the provisions of this chapter only to the extent iNngages in retail merchandising within the city not covered by franchise or maintains a business office in the city. (Code 1980, § 5.04.360; Ord. No. 21, art. II, § 9, 1978) Sec. 5.04.370. Swap meets. • Every person advertising, conducting, maintaining, promoting, or carrying on a swap meet shall pay a license tax of $50.00 fifty dollars per year, or fractional part thereof. In addition, such person shall pay an additional $2.00 two dollars per quarter for each occupied area occupied by individual vendors participating in such swap meet. The total amount due per quarter will be based on the highest number of occupied areas for a given day during the quarter. The maximum annual license will be $10,000.00 ten thouzand dollaro. (Code 1980, § 5.04.370; Ord. No. 21, art. II, § 10, 1978) CHAPTER 5.08. BINGO* *Constitutional law reference—Authority for the legislature to authorize bingo for charitable purposes, Calif. Const. Art. IV, § 19(c). State law reference—Licensing for remote caller bingo. Business and Professional Code § 19850 et seq.; authority to permit bingo, Penal Code §§ 326.3--326.5. • • Page 168 of 496 Sec. 5.08.010. Definitions. For the purposes of this chapter, the words set out below shall have the following meanings: A-.-Bingo means a game of chance in which prizes are awarded on the basis of designated numbers or symbols that are marked or covered by the player on a tangible card in the player's possession and that which conform to numbers or symbols selected at random and announced by a live caller. C. B.Mobilehonae park associations means those organizations that are formed by the residents of mobilehome parks within the city. B,Renaote caller bingo means the use of audio and video technology to allow the remote calling of a live bingo game from a single location to multiple locations. D. C.Senior citizen organizations means those organizations formed for the benefit of senior citizens living primarily in the city. C:Senior citizen organizations means those organization formed for the benefit of senior citizens living primarily in the city. (Code 1980, § 5.08.010; Ord. No. 90, § 2, 1979) Sec. 5.08.020. Eligible organizations. Bingo games may be conducted only by orga ±s pted from the payment of the bank and corporation tax by Revenue and Taxation t ode §• '3370 a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k. 237011, and 23701w and a„ mo' lehome park associations, charitable organizations affiliated with a school dist c :slr of/citizen organizations; provided, that the proceeds of such games are used only fo charitable purposes, prizes and operational costs; and provided further, that any organization tho y ed to conduct bingo games comply with the provisions of this chapter and Pen. I e § '' (Code 1980, § 5.08.020; Ord. No 90 • 1T,' ` State law reference—Auth6);gty • conduct bingo games, Penal Code § 326.5; qualifications for organization to receive license to 'uct reinote caller bingo, Penal Code § 326.3(b)(4). Sec. 5.08.030. License require.. No eligible organization shall conduct a bingo game unless it has first applied for and obtained a license from the city pursuant to the provisions of the chapter. (Code 1980, § 5.08.030; Ord. No. 90, § 3, 1979) Sec. 5.08.040. License application. Any organization which is eligible under section 5.08.020 may apply in writing for a license to conduct bingo games to the business license division of the finance department. °glee-of-keeasin ofeial. The issuing authority shall be the finance director. (Code 1980, § 5.08.040; Ord. No. 90, § 4, 1979) Sec. 5.08.050. License contents of application. A. The application for license shall contain the following: 1. The name and address of the organization; 2. The address within the city at which the bingo game will be conducted, and the occupancy capacity of such place; Page 169 of 496 3. The legal names, residence addresses, home telephone numbers, drivers' license numbers, and social security numbers of the directors and officers of the organization; 4. The basis for eligibility; 5. The date on which the organization was organized for the purpose stated in the application, and the date on which the organization actively began to pursue the purpose stated in the application; 6. The proposed days of the week and hours of the day for conduct of bingo games; 7. The bank and account number of the account into which proceeds of the bingo game shall be deposited; 8. The name and address of the person who will be responsible for keeping the books of the organization; 9. A statement that the applicant agrees to conduct bingo games in strict accordance with the provisions of Penal Code § 326.5 and this chapter as they may be amended from time to time, and agrees that the license to conduct bingo games may be revoked by the finance director upon violation of any such provisions; 10. Any other information specified by the finance dire&? which is reasonably required to complete the investigation on any application; 11. The application shall be signed by the offic o the applicant organization under penalty of perjury. B. The license fee fixed by the city council .y re- ti shall accompany the application. C. In addition to the foregoing information he following documents shall be attached to the application: 1. If the organization is a corporation, ce ,ified copies of its articles of incorporation and bylaws. If the organization ±th- z: .a : corporation, certified copies of its bylaws; 2. Certified copies of the "G� _ i s` :to o Tax Exempt Status" from the California Franchise Tax Board and Inte ' >, nue` ervice except for charitable organizations affiliated with a school distr.d:. me e ileh• e park associations or senior citizens organizations. (Code 1980, § 5.08.050; Ord. No. 91, 6, 1979) State law reference—Authority to -nse and impose a license fee, Penal Code § 326.5(1)(2). Sec. 5.08.060. License investigation. The finance director shall examine all applications filed under section 5.08.050 hereof and shall Make, or cause to be made, such further investigation of the application and the organization as he shall deem necessary in order to perform his duties under this chapter-erflineriee. Upon request by the finance director, the organization shall make available for inspection by the finance director, or his authorized representative for such purposes, all of the organization's books, records, and papers at any reasonable time before the license is granted, during the time a license is granted, during the time a license is in effect, or after a license has expired, or after a license has been suspended or revoked. (Code 1980, § 5.08.060; Ord. No. 90, § 6, 1979) Sec. 5.08.070. License standards for granting or denying. A. The finance director may issue the license provided for in section 5.08.050 whenever he finds the following facts to exist: 1. That all of the statements made in the application are true; Page 170 of 496 2. That the organization is qualified under section 5.08.020; 3. No evidence that a director, officer or employee of the organization has engaged in any fraudulent transaction or enterprise; 4. That the bingo games shall be controlled, supervised and conducted only by a director, officer or employee of the organization; 1 5. That the organization has consented to inspection of the premises where the bingo games shall be conducted, and the books and bank accounts relating to the proceeds from the bingo games. B. The finance director may deny a license whenever he finds that any one or more of the facts in subsection A of this section do not exist. (Code 1980, § 5.08.070; Ord. No. 90, § 7, 1979) Sec. 5.08.080. License contents. A. Upon being satisfied that the applicant is fully qualified under law to conduct bingo games in the city, the finance director shall issue a license to the applicant which shall contain the following information: 1. The name and nature of the organization to whom t e li e is issued; 2. The address where bingo games are authorized • •e condu d; 3. The occupancy capacity of the room in which •i • g:me are to be conducted; 1 4. The date of the expiration of such licen-• wi. . s. :.1 be December 31st of the year it is issued; 5. Such other information as may t ,_ _,►. or desirable for the enforcement of the provisions of this chapter. B. Any organization holding a ' and this chapter shall post it in a prominent place at the location wherein it shall co s b games. C. Any license issued ..•e 1 apter shall not be transferred and any attempted transfer shall void the licen-,., (Code 1980, § 5.08.080; Ord. No. 91 8, 1979) Sec. 5.08.090. Accounting requi ements. All profits derived from a bingo game shall be kept in a separate special account or fund and shall not be commingled with any other fund or account. The licensee shall keep full and accurate record of the income and expenditures received and disbursed in connection with its operation, conduct, promotion, supervision, and any other phase of bingo games which are authorized by this chapter. All profits derived from a bingo game shall be used only for the charitable purposes. The city, by and through its authorized officers, shall have the right to examine and audit such records at any reasonable time, and the licensee shall fully cooperate with the city by making such records available. (Code 1980, § 5.08.090; Ord. No. 90, § 9, 1979) Sec. 5.08.100. Conduct of games. Each organization holding a license under this chapter shall conduct bingo games in accordance with the following requirements: A. No minor shall be allowed to participate in any bingo games; I Page 171 of 496 B. The licensee shall conduct bingo games on property as listed on the license application form; C. All bingo games shall be open to the public, not just to the members of the licensee organization; D. A bingo game shall be operated and staffed only'by members of the licensee organization. No person shall receive or pay a profit, wage or salary from any bingo game; E. No individual, corporation, partnership or other entity except the licensee organization shall hold a financial interest in the conduct of such bingo game; F. No person who is obviously intoxicated shall be allowed to participate in a bingo game, and no alcoholic beverage shall be allowed to be consumed in the room in which the bingo game is being conducted; G. No person shall be allowed to participate in a bingo game, unless a person is physically present at the time and place at which the bingo game is being conducted; H. The total value of prizes awarded during the conduct of any bingo game shall not exceed $250.00 two hundred fifty dollarc in cash or kind, or both for each separate game which is held; I. No licensee shall conduct bingo games. more than two-days\per calendar week and more• than six hours out of any 24-hour period. No bingo game shall ll be conducted before 10:00 a.m. nor after 11:59 p.m. of any day. (Code 1980, § 5.08.100; Ord. No. 90, § 10, 1979; Ord. Nor90-A'§ 1\19y 97) Sec. 5.08.110. Attendance limitation. Notwithstanding that bingo games are op to-the public, attendance at any bingo game shall be limited to the occupancy capacity of the\room ih}which such game is conducted as determined by the fire department and building division\of the city in accordance with applicable laws and regulations. Licensee shall not reserve seats or-space for any person. (Code 1980, § 5.08.110; Ord. No. 90§�E"979);1 Sec. 5.08.120. Bingo games\conducted by no more than two licensees on one parcel of property. A. No more than two licensees shall conduct bingo games on any one parcel of property. One of those licensees shall own or lease the subject parcel and shall use it as an office or for performance of the purposes for which the organization is organized. The license issued under this chapter shall authorize the holder thereof to conduct bingo games only on such property, the ' address of which is stated in the application. In the event the described property ceases to be used as an office or as a place for performance of the purposes for which one of the two licensees is organized, both licenses shall terminate. B. Notwithstanding such termination, any eligible organization may apply for a license pursuant to this chapter to be utilized at another location which qualifies pursuant to the provisions of this section. (Code 1980, § 5.08.120; Ord. No. 90, § 12, 1980 1979; Ord. No. 90-A, § 2, 1997) Sec. 5.08.130. Reporting requirements. A. Each organization holding a license under this chapter shall file a written report, on a form provided by the finance director, every calendar quarter. • Page 172 of 496 B. The reports required by this section shall be filed with the finance director within ten days of expiration of each reporting period; and such reports shall contain the names and addresses of any new director or officer of the organization. C. Any license issued under this chapter shall be suspended for any failure to comply with the reporting provisions of this section; and notice thereof shall be given by registered mail to the address shown on the organization's application. D. Any organization whose license has been suspended under this section shall cease to conduct any bingo games until further notice from the finance director. (Code 1980, § 5.08.130;Ord. No. 90, § 13, 1980) Sec. 5.08.140. License renewals. A. At least 30 days prior to the expiration of any license hereunder, the licensee organization may apply to the license official for renewal of its license under this chapter. The application for renewal shall be on a form provided by the license official, and it shall determine whether the information provided on the original application is still true. B. The finance director shall not renew a license if he finds that any of the facts listed in section 5.08.050 no longer exists, or that the organization plying for renewal has failed to comply, in any respect, with the provisions of this chapter. • (Code 1980, § 5.08.140; Ord. No. 90, § 14, 1980) Sec. 5.08.145. Remote caller bingo authorized. A. Notwithstanding any other provision o this . •e, mote caller bingo may be lawfully played in the city pursu: it to t i provisions of Penal Code §§ 326.3 and 326.4, and this chapter, subject if :1 requirements and restrictions set forth in this section. B. Eligible organizations. Onl th ;,- org. izations specified in section 5.08.020 of—phis eha}ter are eligible and authorize. • ;-ply "∎ - license or license endorsement to conduct remote caller bingo. It is unlawful to pla 111173tAsfeller bingo in the city without such license or license endorsement. C. License and operatin quire••ents. 1. In order to conduct rem 'caller bingo, any eligible organization may apply for a license, or license endorsement if such organization already possesses a current, valid license issued pursuant to section 5.08.070 oc this chapter Each applicant for a license or endorsement shall comply with and be subject to the licensing procedures set forth in sections 5.08.050 through 5.08.080; provided, however, that, the finance director may require such additional information be provided as deemed necessary to ensure that the applicant complies with all requirements of California Penal Code § 326.3. Each license endorsement shall expire upon the expiration of the underlying license, and any license or license endorsement may be renewed pursuant to the procedures in section 5.08.140. Each remote caller bingo license or license endorsement issued pursuant to this chapter is subject to the conditions contained in sections 326.3 and 326.4 of the Penal Code, and each licensee shall comply with the requirements of those provisions. 2. Each eligible organization issued a remote caller bingo license or license endorsement pursuant to this chapter ("licensee") shall comply with all applicable provisions of California Penal Code §§ 326.3 and 326.4, including, but not limited to, the following additional conditions: Page 173 of 496 a. Remote caller bingo games may only be conducted on property owned or leased by, or donated for use by, the licensee. b. Subject to the limitations in section 5.08.110, no more than 750 players may participate in a remote caller bingo game in a single location. c. Every licensee shall provide the California Gambling Commission not less than ten (10) days prior written notice of its intent to conduct remote caller bingo, which shall include all information described in California Penal Code § 326.3(j)(4). d. The licensee is responsible for ensuring that the provisions of this chapter and California Penal Code §§ 326.3 and 326.4 are complied with by the licensee and its officers, employees, volunteers and members, and any violation of any of said provisions by any of the foregoing shall be imputed to the licensee. In addition to criminal penalties imposed by law, substantial evidence of a violation of any provision of this chapter, any provision of the foregoing Penal Code sections, or of any other law involving fraud or theft in connection with conducting or sponsoring a bingo game, shall constitute cause for the suspension and/or revocation of the licensee's license in accordance with the procedures set forth in section 5.08.150. of tkie-ehapter. D. The provisions of this section 5.08.145 shall gov y inconsistent provisions of any other section of this chapter. (Code 1980, § 5.08.145;Ord. No. 828, § 1, 4-7-2010) State law reference—Remote caller bingo authori -• §§ 326.3, 326.4; remote caller bingo licenses, Business and Professions Code§ 19850 et se e. Sec. 5.08.150. License revocation. A. Whenever it shall be shown or ^hene , the finance director has knowledge that any organization, or agent thereof, hold' g 'cen-{• under this chapter has violated any of the provisions of this chapter, the fin: :_ 1, _ ec . all immediately suspend the license and give the organization written notice by : mail of the suspension and a brief statement of the reasons therefor. B. Upon receipt of the tice of suspension," the organization whose license has been suspended shall cease from con 'ng any bingo game, and its failure to do so shall constitute a separate and further violation oft is chapter. C. Together with the "notice of ouopcnoion" required by oubocction A of this oection, the .. Y. (Code 1980, § 5.08.150; Ord. No. 90, § 15, 1980) Sec. 5.08.160. Appeal. A. In the event of any finding or decision of the finance director which is adverse to the application of an organization for a license or renewal thereof under this chapter, or if a license is suspended or revoked, the organization may appeal to the city manager. or his or her designee. by Page 174 of 496 filing a written request for an administrative hearing with the city clerk within ten days after service of notice of the finance director's decision. Upon receipt of a timely appeal. the aggrieved party shall be riven notice of a hearing to be held before the city manager. or his or her designee, within 30 days of the date of said notice. The city manager, or his or her designee, shall bear the burden of proof and no fee shall be charged for such appeal. The city manager, or his or her designee. shall render a decision within a reasonable amount of time not to exceed 60 aim-days of the conclusion of the hearing. The decision of the city manager. or his or her designee, shall be final. (Code 1980, § 5.08.160;Ord. No. 90, § 16, 1979) Sec. 5.08.170. Violations; penalties. A. It is a misdemeanor for any person to receive or pay a profit, wage or salary from any bingo game authorized by this chapter. A violation of this subsection shall be punished by a fine not to exceed $10,000.00, which fine shall be deposited in the general fund of the city. B. Any other violation of this chapter by any person, or:anlz._tion or entity shall constitute a misdemeanor and may be punished by a fine not to ce ° rig%: • , or imprisonment in the county jail, not to exceed six mont , or other,. C. The city may commence on action in a rt competent jurisdiction to enjoin any violation of this chapter. (Code 1980, § 5.08.170; Ord. No. 90, § 17, 1979) CHAPTE 5.16. + PERMITS* *State law reference—Uniform film perm , Gover,ment Code § 14999.20 et seq.; authority to adopt regulations, Government Code § 14'4 `'°,.; I 't- for the use of property for commercial filming, Government Code § 65302.9; authori . •it t o r•inance governing issuance of permits for use of property, Government Code § 65850.1. Sec. 5.16.010. Purpose an j..t. This chapter is intended to !dardize filming permit procedures to facilitate filming within the city, to ensure that such act vity is consistent with the public health, safety and general welfare and the protection of property. • (Code 1980, § 5.16.010; Ord. No. 410, § 1(part), 1990) Sec. 5.16.020. Definitions. For the purpose of this chapter, the following words and phrases are defined and shall be construed as set out in this section, unless it is apparent from the context that a different meaning was intended: f1—Charitable purposes means filming or videotaping for a motion picture or television production conducted by an organization in which no individual either directly or indirectly receives a profit from the production, marketing or showing of the films or tapes. -City means the City of Rancho Cucamonga, a municipal corporation formed and operated pursuant to the laws of the state—of—California. C_--Film or filming includes, but shall not be limited to, feature motion pictures, videotapes, television and commercials. Page 175 of 496 1News purposes, as specified in this chapter, means filming or videotaping for television news broadcasting by reporters, photographers, or camera persons in the employ of a newspaper, news service, or similar entity, of news events concerning those persons, scenes, or occurrences which are in the news and of general public interest. The filming or videotaping of such shall be for regularly scheduled news programs (but not magazine or documentary programs) and special news programs which are not preplanned and are broadcast within 24 twenty four hours after the event. 1 Permittee means any person, firm, corporation or group or combination acting as a unit to whom or which a film permit is granted by the city under the provisions of this chapter. FH Production means the activity of making a film for commercial or noncommercial purposes on property owned by the city or on private property within the jurisdiction of the city. (Code 1980, § 5.16.020; Ord. No. 410, § 1(part), 1990) Sec. 5.16.030. Permit required. Except as otherwise provided, it shall be unlawful for any person in the business or activity of filming, videotaping or producing motion pictures on motion picture film or electronic videotape for public exhibition as motion pictures or for television, at any place within the city, other than at or in an established motion picture or television studio or entirely within an enclosed structure or building, with no outside storage of filming equipment, withou a film permit from the film permit officer. Any person interested in filming within .the city■shall--complete in full a film permit application as stated in this chapter and provide to the city all th_i formation requested therein. (Code 1980, § 5.16.030; Ord. No. 410, § 1(part), 1990) /-\�� Sec. 5.16.040. Exemptions. The provisions of this chapter shall not apply to: A. The filming or videotaping of motion pictures solely for private or family use; B. The filming or videotaping of motion pictures for use in a criminal investigation, civil proceeding, and emergencies_s such as-fires, floods, police actions, etc.; s> .tL C. The filming or videotaping of-motion pictures for news purposes (but not magazine or documentary programs)';') \, D. Education, governmeenti\and public access and local organization programs for cable television systems franchised within the city; E. The filming or videotaping of motion pictures by the city itself(e.g. videotaping of sewer lines and media services programming); and F. Any other activity as deemed in the public interest by the film permit officer. (Code 1980, § 5.16.040; Ord. No. 410, § 1(part), 1990) Sec. 5.16.050. Film permit officer responsibilities. This chapter shall be administered by the community development director whose responsibilities shall include the following functions to be carried out either directly or by subordinate employees: A. Marketing. Attraction of motion picture production to the city; B. Coordination. The film permit officer shall work directly with the permittee to assist in 'expediting to the greatest extent possible the issuance of all use permits necessary for motion picture production, by coordinating all city department reviews and approvals. If other non-city agencies have jurisdiction, the film permit officer shall notify such overlapping jurisdictions and shall inform the permittee in writing on the permit. • Page 176 of 496 (Code 1980, § 5.16.050; Ord. No. 410, § 1(part), 1990) Sec. 5.16.060. Fees. A. Each application shall be accompanied by a nonrefundable application and investigation fee payable to the city which shall be set by resolution of the city council; provided, however, that no fee shall be required of applicants filming or videotaping for motion picture or television production for charitable purposes, as defined in section 5.16.020. B. If the film permit officer determines that any potential danger to the public's health, safety or general welfare or property would be eliminated by the presence of police or fire protection at the site of the filming or videotaping for motion picture or television production, the film permit officer may grant the film permit upon condition that the permittee pay in advance to the city, the costs of such police or fire protection as may be required. C. For filming permits which necessitate the city to provide services to the permittee in addition to police or fire protection, service charges shall be imposed. Such charges will be determined by the applicable servicing city department(a) and shall be based on the actual cost incurred by the city in providing such services. Such service charges shall include, but shall not be limited to, charges for labor, supervision, overhead, administration and the use of any and all city equipment, supplies, etc. Additional charges may be imposed to cover the cost of extraordinary film permit investigation and/or staff costs, if the city manager feels-this.is necessary. D. In addition to the fee(e) required in this sectio a business license tax (whatever the current rate may be) shall also be required and shall be pay able to he city. (Code 1980, § 5.16.060; Ord. No. 410, § 1(part), 1990) . Sec. 5.16.070. Permit application. YYY An applicant must submit a permit requ st oma-standard application form as established by the California Film Commission, at least two working days prior to the date on which such person desires to conduct filming activity, including,preparation, shooting and strike days. If such activity interferes with traffic or involves/stints or special effects, an application must be submitted at least four working days in adya ceand=ten working days in advance for road closures. Permit application information may4 givenNby, the production company to the city by telephone. The production company shall keep.avcopy of the permit posted on-site in a conspicuous place at all times. \\V (Code 1980, § 5.16.070; Ord. No. 410, § 1(part), 1990) • • Sec. 5.16.080. Determination by film permit officer. Before granting any film permit pursuant to this chapter, the film permit officer shall determine that such filming or videotaping for motion picture or television production will not unreasonably interfere with the public health, safety and general welfare or unreasonably endanger any property. In making this determination, the film permit officer shall take into consideration the noise, traffic hazards, fire hazards and other environmental problems, including health and safety which are likely to be caused by such activities. In granting the permit, the film permit officer may further impose any reasonable conditions as are necessary to protect the public health, safety and general welfare or property. (Code 1980, § 5.16.080; Ord. No. 410, § 1(part), 1990) Sec. 5.16.090. Appeal to city council. A. Any applicant aggrieved by any decision of the film permit officer with respect to a film permit may appeal such decision to the city council within ten days following notice of such decision. • Page 177 of 496 B. A written request for such appeal shall be filed with the city clerk and all such requests shall contain the following information: 1. The name and address of the applicant; 2. The date of the decision in question; • 3. The reasons for the appeal; and 4. The grounds relied upon for relief The appeal request shall be accompanied by a nonrefundable appeal fee in the amount to be set by resolution of the city council. Upon receipt of the appeal request, the city clerk shall set the matter for hearing at a regular meeting of the city council not later than 30 thirty days following the date • the appeal request was filed. Notice of the time and place of the hearing shall be mailed to the applicant, by certified mail, no later than ten days prior to the date set for the hearing. The notice may also designate certain records that the applicant is required to produce at the time of the hearing. C. At the hearing as prescribed by this section, the applicant and the city may submit any and all evidence as they believe to be relevant. The city council may require the presentation of additional evidence from either the applicant or the city, or—=from both, and may continue the hearing from time to time for the purpose of allowing th4presentation of additional evidence. Upon conclusion of the hearing, the city council may, by resolution with findings, approve, reverse or modify the decision of the city manager and such decia oheoty council shall be final. (Code 1980, § 5.16.090; Ord. No. 410, § l(part), 1990) Sec. 5.16.100. Permit approval period. Permits granted pursuant to this chapter:shall`be valid for the period of time necessary to film • �■ '`--y a specific shot or sequence of shots, including preparation, shooting and strike days. (Code 1980, § 5.16.100; Ord. No. 410, § 1(part), 1990) Sec. 5.16.110. Permit amendments.) -f Minor additions, corrections'or alterations to a permit shall be made available by way of application for an unlimited number ofyriders," which shall be attached to the original permit in • writing. However, a permit cannot be extended or amended by rider after the completion of the filming activity. Significant changes/to the original permit shall require a new permit application. (Code 1980, § 5.16.110; Ord. No. 410, § 1(part), 1990) . Sec. 5.16.120. Rules and regulations. • The designated film permit officer is authorized and directed to promulgate rules and • regulations, subject to approval by resolution of the council, governing the form, time and location of any film activity set forth within the city. He/she shall.also provide for the issuance of permits. The rules and regulations shall be based upon the following criteria: . A. The health and safety of all persons; B. Avoidance of undue disruption of all persons within the affected area; C. The safety of property within the city; and D. Traffic congestion at particular locations within the city. (Code 1980, § 5.16.120; Ord. No. 410, § 1(part), 1990) Sec. 5.16.130. Public facilities. Use of any public facilities within the city may require an additional rental or use agreement. Page 178 of 496 (Code 1980, § 5.16.130; Ord-No. 410, § ](part), 1990) Sec. 5.16.140. Traffic control. For filming that would impair traffic flow, the applicant shall be required to submit an application for temporary major closure to the city engineer, concurrent with the film permit request. The permittee shall comply with all traffic control requirements deemed necessary. (Code 1980, § 5.16.140; Ord. No. 410, § ](part), 1990) Sec. 5.16.150. Insurance and indemnity. It shall be a condition of the issuance and continued validity of any film permit granted pursuant to this chapter that the permittee first obtain, pay for, and maintain a policy of general liability insurance approved as to form by the city attorney which shall insure the city, its officers, and employees against any liability or claims of liability brought or made by or on behalf of any person for personal injury or property damage caused by or arising out of any negligent act or omission of either the permittee, his agents or employees, including any officers or employees of the city, or caused by or arising out of the condition of any city-owned or -controlled property, whether real or personal, and occurring during the period and as a result of the activities for which such film permit was issued. The amount of coverage to be provided by such policy shall not exceed $1,000,000.00 one million dollar;,. The permittee may satisfy he`requirement imposed by this section through the presentation of a certificate of insuranceLfor at'least.the required amount of coverage, which indicates that, by endorsement thereto the city,_its officers and employees have been added as additional insureds. Such certificates ah llditionally provide that the required insurance will not be modified, changed or termin toed\unless a written notice thereof has been transmitted to the city clerk. The permittee shall use the standardized insurance form as established by the California Film Commission. \\N___) (Code 1980, § 5.16.150; Ord. No. 410, § ](part), 1990)A Sec. 5.16.160. Suspension of permit. Any film permit issued pursuant to the terms of this chapter may be subject to immediate suspension if it is found necessary for,the protection of the public health, safety or general welfare. Such suspension shall only,be instituted upon the recommendation of the city that immediate protective action is necessary-In the event of such a suspension, the film permit officer shall within 24 twenty-four-hours after the suspension: A. Cause to he served upon the film permit holder a written statement containing the grounds for suspension and a notice of hearing to show cause before the film permit officer as to why the film permit should not be suspended pending revocation hearings; and B. Cause to be served upon the film permit holder a notice of revocation hearing before the city council as provided in section 5.16.170. The hearing before the film permit officer shall be held not later than five days following the service of the notice to the film permit holder. (Code 1980, § 5.16.160; Ord. No. 410, § ](part), 1990) Sec. 5.16.170. Revocation of permit. A. Any film permit granted or issued pursuant to the provisions of this chapter may be revoked after a public hearing before the city council. A film permit may be revoked under the following circumstances: 1. Where it has been determined that the permittee has violated or has failed to comply with any of the ordinances, resolutions, or applicable regulations of the city; Page 179 of 496 2. Where it has been determined that the permittee has violated or has failed to comply with any of the terms or conditions of the film permit; 3. Where it has been determined that the film permit has been granted pursuant to false or fraudulent information contained in the film permit application; 4. Where it has subsequently been determined that the filming activity will fail to meet the criteria enumerated in this chapter for granting a film permit; or . 5. Where it has been determined that the preservation of the public health, safety and general welfare demand revocation of the file permit. B. A notice of revocation shall be mailed to the permittee, by certified mail, stating the grounds for the revocation and providing a date within 30 thirty days of the mailing of such notice for a public hearing before the city council. Upon the conclusion of the public hearing, the city council may, by resolution with findings, revoke or modify the film permit and the decision of the city council shall be final and conclusive as to all matters in controversy. (Code 1980, § 5.16.170; Ord. No. 410, § 1(part), 1990) Sec. 5.16.180. Violation as a nuisance. Any filming, videotaping, or related activity conducted contrary to the provisions of this chapter shall.be and is declared to be an unlawful action knda public nuisance. The city may commence an action at law or in equity in the name of the city in any court of competent jurisdiction against the permit holder to ensure compliance o terms and provisions of this chapter. All remedies prescribed in this Code will.be-cumulative and the use of any one or more remedies by the city shall not bar the use of any of er\r medy for the purpose of enforcing the provisions of this chapter. (Code 1980, § 5.16.180; Ord. No. 410, § 1(part), 1990) Page 180 of 496 Title 6 ANIMALS* *Editor's note—Title 6 is not included in the proofs as it is not being substantively amended in this recodification. It will be included in the new Code as it is in the present Code with minor editorial corrections. • ,A(Se, • • Z. V Page 181 of 496 • Title 7 TELECOMMUNICATIONS REGULATIONS* *Editor's note—Title 7 is not included in the proofs as it is not being substantively amended in this recodification. It will be included in the new Code as it is in the present Code with minor editorial corrections. • • •0 • . 0 Sal4"Sir • Page 182 of 496 Title 8 HEALTH AND SAFETY* *State law reference—Authority of city council to adopt ordinances and rules to protect and regulate . health and sanitary matters in the city, Health and Safety Code § 101450; duties and functions of health officers in preventing the spread of contagious, infectious or communicable disease or the occurrence of additional cases, Health and Safety Code § 120175 et seq. CHAPTER 8.08. MOBILEHOME PARKS* *State law reference—Manufactured Housing Act of 1980, Health and Safety Code § 18000 et seq. Sec. 8.08.010. City assumption of enforcement responsibility. The city assumes responsibility for the enforcement of the California Health and Safety Code Division 13, Part 2.1 commencing with § 18200 et seq., Mobilehome Parks Act and Part 2.3 commencing with Health and Safety Code § 18860, Special Occupancy Parks Act and their related administrative regulations contained in Title 25, Division 1, Chapters 2 and 2.2 of the California Code of Regulations (the "Regulations") within the city. (Code 1980, § 8.08.010; Ord. No. 798, § 2(part), 2008) Sec. 8.08.020. Enforcement authority. •The city delegates the responsibility for the enforcement of the Mobilehome Parks Act, the Special Occupancy Parks Act, Health and Safety Coded§\18860, and the Regulations (collectively, the state mobilehome laws) to the building and_safetydepartment. The city designates the building and safety official, as the person who is qualifed\to enforce the aforementioned acts. (Code 1980, § 8.08.020; Ord. No. 798, § 2(part), 2008) Sec. 8.08.030. Enforcing officers. ‘ As needed to meet the program goal and objectives, the building and safety official is directed to assign at least two qualified employees to enforce the provisions of the state mobilehome laws. (Code 1980, § 8.08.030; Ord. No. 798, ,A\(pp 2008) Sec. 8.08.040. Fee schedule The city adopts the schedules of fees designated in the state mobilehome laws. (Code 1980, § 8.08.040; Ord. No. 798, § 2(part), 2008) • Sec. 8.08.050. Statement of objectives. The city adopts the statement of objectives contained in the state mobilehome laws. The city's specific objectives in assuming statutory authority from the state California department of housing and community development (HCD) are to provide for timely and reliable enforcement of the state mobilehome laws regarding use, maintenance, and occupancy governed by said acts; and to protect public health, safety and welfare. (Code 1980, § 8.08.050; Ord. No. 798, § 2(part), 2008) Sec. 8.08.060. Description of existing parks. A. Alta Laguna. The park was established in 1973 with 186 one hundred eighty six spaces. It is fully occupied at this time. The mobilehomes are mostly doublewide units. There is one ingress point at Baseline and an egress at Hermosa. The park currently provides several facilities and services, such as: clubhouse, laundry room, pool/spa, common area maintenance, RV parking, controlled access gates and exterior fencing. Page 183 of 496 B. Alta Vista. The park was established in 1972. There are 294 two hundred ninety four spaces. However, there are eight vacant lots in the park at this time. The park has two ingress and egress points. The park currently provides several facilities and services, such as: clubhouse, pool/spa, wading pool, common area maintenance, tennis courts, basketball court and exterior fencing. C. Casa Volatile. The park was established in 1969 with 203 two hundred three spaces. It is fully occupied with doublewide units. One access point is located at Foothill and an emergency egress is located at Baker Road. The park currently provides several facilities and services, such as: clubhouse, laundry room, pool/spa, common area maintenance and exterior fencing. D. Chaparral Heights. The park was established in 1970 with 155 one hundred fifty five spaces. The park is fully occupied with doublewide units. One access point is at Archibald and an emergency access is also on Archibald. The park currently provides several facilities and services, such as: clubhouse, laundry room, poo/spa, common area maintenance, RV parking, bocce court and exterior fencing. E. Foothill Manor. The park was established in 1947 with 87 eighty oeven spaces. The park is mainly singlewide mobilehome units. One ingress point is at Foothill and the egress access is on Hellman. The park currently provides several facilities and services, such as: clubhouse, laundry room, pool, common area maintenance, RV parking and exterior fencing. • F. Pities. The park was established in 1965 withe165 one cixty five spaces. The park is completely occupied with doublewide units at.thist time?One access point is located at Foothill and two emergency egresses are located at_Hermosa Street. The park currently provides i un several facilities and services, such as: clubhouse, laundry room, pool/spa, common area maintenance, RV parking and exterior fencing. G. Ramona Villa. The park was established in_1974 with 149 one hundred forty nine spaces. The park is fully occupied with doublewide unitOne access point is located at Baseline and two emergency accesses are on Ramona Street. Thdpark currently provides several facilities and services, such as: clubhouse, laundry room pool/spa, sauna, common area maintenance, RV parking and exterior fencing. H. Sycamore Villa. The park was,established in 1965 with 96 ninety six spaces. The park has mainly doublewide mobilehome units. One ingress access is at Foothill and the egress access is on Hellman. The park curreaf Nprovides several facilities and services, such as: clubhouse, laundry room, pool/spa, basketbaliVcourt, common area maintenance, and exterior fencing. (Code 1980, § 8.08.060; Ord. No. 798, § 2(part), 2008) Sec. 8.08.070. Effective date of assumption. The effective date of assumption of enforcement responsibilities of the state mobilehome laws shall be December 1, 2008. (Code 1980, § 8.08.070; Ord. No. 798, § 2(part), 2008) Sec. 8.08.080. Method of enforcement. Not later than thirty days from the effective date of assumption of enforcement as defined in Section 8.08.070,The city shall commence and thereafter diligently enforce the state mobilehome laws as follows: A. Review and maintain relevant files provided by HCD and compare same with records on file with city. B. Review pertinent building standards of the state relevant to mobilehomes and manufactured homes. Page 184 of 496 C. Ascertain the status of all permits to operate and construction permits, and enforce relevant requirements. D. Investigate and resolve complaints as the need arises. E. Perform periodic park maintenance inspections consistent with applicable law. F. Take all other actions as are deemed appropriate in furtherance of state laws and regulations. (Code 1980, § 8.08.080; Ord. No. 798, § 2(part), 2008) Sec. 8.08.090. Use of state forms. When enforcing the state mobilehome laws, the city shall utilize the following forms of the state California department of housing and community development (HCD): A. HCD 500A, Application for Permit to Operate; B. HCD 503B, Annual Permit to Operate; C. HCD 513B, Manufactured Home or Mobilehome Installation Acceptance; D. HCD 513C, Certificate of Occupancy; E. HCD 538, Plot Plan. (Code 1980, § 8.08.090; Ord. No. 798, § 2(part), 2008) Sec. 8.08.100. Permits to operate and state fees. The city agrees to send a copy of all permits td o`rate/and state fees to the administrative office of the division of codes and standards of the state\department of housing and community development (HCD) no later than the 15thcof ilie.morith following the city's issuance of such permits and receipt of such funds. (Code 1980, § 8.08.100; Ord. No. 798, § 2(par40008) CHAPTERI MOBI LEHOME PARK RENT MEDIATION* *State law reference—Mobilehome residency law, Civil Code § 798 et seq.: rent control, Civil Code § 795.15 et seq.; Mobilehome Parks Act�Health and Safety Code § 18250 et seq. Sec. 8.10.010. Intent and purpose. The purpose of this chapter is to establish a mandatory meet-and-confer process between tenants and owners of mobilehome parks with respect to certain proposed rent increases. (Code 1980, § 8.10.010; Ord. No. 148, § 1(part), 1981) Sec. 8.10.020. Right to petition. Within 30 thirty days after an owner of a mobilehome park has given notice to the tenants thereof of a proposed rent increase which exceeds the consumer price index as outlined in section 8.10.050, the tenants may petition the city to call a mandatory meet-and-confer session between the mobilehome park owner and a committee representing the tenants for the purpose of discussing the proposed rent increase and the reasons therefor. (Code 1980, § 8.10.020; Ord. No. 148, § 1(part), 1981) State law reference—Ninety-day notice of rent increase, Civil Code § 798.30. Sec. 8.10.030. Contents of petition. Any petition filed pursuant to this chapter shall contain all of the following information: Page 185 of 496 A. The name and address of the mobilehome park; B. The name and address of the owners of the mobilehome park; C. The number of spaces in the mobilehome park; D. The number of spaces which were vacant on the date the notice of rent increase was given; E. A statement of the existing rent schedule and the proposed rent schedule; F. A statement of the rent schedule in effect as of 12 twelve months prior to the date on which the proposed rent increase would be effective; G. A brief statement of the reasons why petitioners believe the proposed rent increase is not justified and a request for a meet-and-confer session with the mobilehome park owner; H. The signatures of and identification of the mobilehome space occupied by each tenant signing the same; I. The name of a tenants' committee of not more than five persons, designating one person as chairperson; J. The mobilehome park owner shall provide the petitioners, upon request, with such information identified in subsections A through F of`this,section abeve-as petitioners require to complete the petition. (Code 1980, § 8.10.030; Ord. No. 148, § 1(part), 1981) Sec. 8.10.040. Filing and fees. A. Any petition filed pursuant to this chapter shall be filed in the office of the city clerk. B. No petition tendered for filing put unt o hi chapter shall be filed unless the filing fee therefor, in an amount established by resolution ofthe city council, is first paid. (Code 1980, § 8.10.040; Ord. No. 148, § 1(par}t),1981) • Sec. 8.10.050. Preliminary processing; Within three working days after receiving a petition filed pursuant to this chapter, the city clerk will review the same to'determine whether a meet-and-confer session shall be required. A meet-and-confer session shall be zequired only if: A. The petition contains thesignatures of tenants representing more than 50 fifty-percent of the occupied mobilehome spaces in the mobilehome park; B. The petition contains all of the information required by section 8.10.030-hereof, and C. The proposed rent increase when added to all rent increases which were effective during the 12 twelve months immediately preceding the effective date of the proposed rent increase computes to be a sum greater than 75 ccvcnty five percent of the percentage by which the Los Angeles-Long Beach-Anaheim Area Consumer Price Index for Urban Wage Earners and Clerical Workers, as reported by the United States Bureau of Labor Statistics, has increased in the 12 twelve-months immediately preceding the date of the most recently published CPI information. D. If the city clerk determines that a petition complies with the requirements of this section, the city clerk shall select a date, time and place for a meet-and-confer session between the tenants' committee and the mobilehome park owner. Whenever possible, the date selected shall be at least ten days prior to the effective date of the proposed rent increase. The city clerk shall, by certified mail, give notice of the meeting to the chairperson of the • tenants' committee and the mobilehome park owner. • Page 186 of 496 (Code 1980, § 8.10.050; Ord. No. 148, § 1(part), 1981) Sec. 8.10.060. Meet-and-confer session. At the mandatory meet-and-confer session, the tenants' committee and the mobilehome park owner, or a duly authorized representative, shall meet for the purpose of exchanging information, opinions and proposals with respect to the proposed rent increase. The mobilehome park owner shall be prepared to give an explanation of the necessity for a rent increase in excess of the consumer price index percentage described in section 8.10.050C and the mobilehome park owner shall also be prepared to inform the tenants as to the nature of any substantial improvements proposed for the mobilehome park during the next year, together with the information that would substantiate the proposed increase. The parties shall endeavor to reach agreement on matters - within the scope of discussion. (Code 1980, § 8.10.060; Ord. No. 148, § 1(part), 1981) • Sec. 8.10.070. Appeal. If agreement on the amount of the proposed rent increase cannot be reached between the tenants' committee and the mobilehome park owner, either party may appeal to the West End Mediation Board, located in Ontario, California, for further mediation and conciliation. Notice of such appeal must be filed with the city clerk not more than five days after termination of the mandatory meet-and-confer session. A notice of appeal will not-be received for filing unless it is • • accompanied by payment of one-half of the fee established by resolution of the city council, which �� . crud fee shall be in an amount appropriate to compensate`<he West End Mediation Board for the mediation services to be rendered. The responding party shall pay the other one-half of the fee within ten days. Y (Code 1980, § 8.10.070; Ord. No. 148, § 1(part). 11981) Sec. 8.10.080. Conduct and mediation.( Mediation by the West End MediationBOard shall be conducted in accordance with standards of the Federal Mediation and Conciliation Se ci e. The West End Mediation Board shall prepare a -\\ P---- summary of facts concerning the,proposed-rent increase in the event the mobilehome park owner and the tenants' committee cannot reach.mutual agreement upon a proposed rent increase. Such summary of facts presented by.the WestlEnd Mediation Board shall be advisory. (Code 1980, § 8.10.080; Ord. No. 145, j1(part), 1981) Sec. 8.10.090. Finality of decision. . • The summary of facts concerning the proposed rent increase prepared by the West End Mediation Board shall be the final administrative action upon any petition filed pursuant to this chapter with no provisions for further appeal. Such findings and recommendations shall be public records and may be certified by the.secretary of the West End Mediation Board, if any, or by the city clerk. (Code 1980, § 8.10.090; Ord. No. 148, § 1(part), 1981) Sec. 8.10.100. Judicial relief. Nothing in this chapter shall be deemed to preclude any mobilehome park tenant or mobilehome park owner from seeking and obtaining any appropriate judicial relief. (Code 1980, § 8.10.100; Ord. No 148, § 1(part), 1981) Page 187 of 496 Sec. 8.10.110. Remedies for failure to attend meet-and-confer sessions. A. If the tenants' committee fails to attend a scheduled meet-and-confer session or a scheduled mediation session before the West End Mediation Board, the city clerk shall order the petition dismissed and no further proceedings shall be had thereon. B. If the mobilehome park owner, or an authorized representative, fails to attend a scheduled meet-and-confer session or a scheduled mediation session before the West End Mediation Board, then the proposed rent increase shall not become effective until such time as the mobilehome park owner, or an authorized representative, has in fact attended a rescheduled meet- and-confer session or a rescheduled mediation session before the West End Mediation Board, as the case may be. (Code 1980, § 8.10.110; Ord. No. 148, § l(part), 1981) • Sec. 8.10.120. Rescheduling and continuances. A. Rescheduling of meet-and-confer sessions shall be done by the city clerk. Rescheduling of mediation sessions before the West End Mediation Board shall be done by the secretary of the West End Mediation Board. Any such rescheduled session shall be held within 14 fourteen calendar days of the date originally set therefor. B. A meet-and-confer session may be continued by written` stipulation of the tenants' committee and the mobilehome park owner or his or ear authorized representative and such stipulation shall be filed with the city clerk. A hearing�hen any appeal to the West End Mediation Board may be continued in accordance with the rules es-t ablished by the West End Mediation Board. \yy (Code 1980, § 8.10.120; OH. No. 148, § l(part), 1981) 1110 CHAPTER 2. FIREWORKS • Sec. 8.12.010. Fireworks prohibited; exception. A. Subject to the exceptioncset forth in subsection B of this section, it is unlawful for any \� ' -- person, firm, partnership or corporatkr-to sell, use or discharge any fireworks within the city, including, but not limited to„%safe and`sane" fireworks as that term is defined in Part 2 of Division 11 of the California Health and)Safety Code as the same may be amended from time to time hereafter. B. Exception. Nothing in this chapter shall preclude the presentation of a licensed public display of fireworks, including, but not liniited to, "safe and sane" fireworks. (Code 1980, § 8.12.010; Initiative Ord. Measure "P," § 2(part), 11-7-1989) Sec. 8.12.020. Penalty for violation of chapter. It is unlawful for any person, firm, partnership or corporation to violate any provision of this chapter. Any person, firm, partnership or corporation violating any provision of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00 : • : . : • , or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such 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 this chapter is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this chapter. (Code 1980, § 8.12.020; Initiative Ord. Measure "P," § 2(part), 11-7-1989) • • Page 188 of 496 Sec. 8.12.030. Civil remedies available. The violation of any of the provisions of this chapter 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 for by law for the abatement of nuisances. _ (Code 1980, § 8.12.030; Initiative Ord. Measure "P," § 2(part), 11-7-1989) CHAPTER 8.16. CONTROL OF BLOWING SAND AND PREVENTION OF SOIL EROSION BY WIND Sec. 8.16.010. Adoption of Chapter 1 of Division 2 of Title 6 of the San Bernardino County Code providing for the control of blowing sand and soil erosion. For the purpose of controlling blowing sand and preventing soil erosion by wind within the city limits of the city, Chapter 1 of Division 2 of Title 6 of the San Bernardino County Code entitled "Control of Blowing Sand and Soil Erosion," three copies of which are on file in the office of the city clerk for public record and inspection, are adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter. (Code 1980, § 8.16.010; Ord. No. 152, § 1(part), 1981) Sec. 8.16.020. Definitions. Whenever the term "county" or "County of San Be r" nardino" is used in the portions of the San Bernardino County Code referred to in section 8.16:010 of�t,�his chapter, the term "city" or "City of Rancho Cucamonga" shall be substituted therefor( (Code 1980, § 8.16.020; Ord. No. 152, § 1(part), 1981) Sec. 8.16.030. Applicability. The provisions of this chapter shall\be �licable to all lands now within, or hereafter annexed to, the city lying within th to erritorial'b'oundaries described in section 62.014 of the San Bernardino County Code. (Code 1980, § 8.16.030; Ord. No.,452,,§ 1(part), 1981) Sec. 8.16.040. Permits, fees,F and enforcement. All permits shall be issued Ay, and all administrative enforcement proceedings shall he conducted by, the agricultural commissioner of the county and the soil erosion and dust prevention commission of the county. All fees and costs shall be paid to the county. (Code 1980, § 8.16.040; Ord. No. 152, § 1(part), 1981) Sec. 8.16.050. Notice. Section 62.0110 of the San Bernardino County Code is amended by deleting therefrom the words "board of supervisors" wherever said words appear and substituting therefor the words "city council." (Code 1980, § 8.16.050; Ord. No. 152, § 1(part), 1981) Sec. 8.16.060. Inapplicability of provisions to weed abatement. The provisions of this chapter shall not be applicable in cases of the abatement of weeds declared to be a public nuisance and ordered abated pursuant to the provisions of chapter-8 8.46. of thio title. (Code 1980, § 8.16.060; Ord. No. 152, § 1(part), 1981) Page 189 of 496 Sec. 8.16.070. Violation; penalty. No person shall violate any provision or fail to comply with any of the requirements of this chapter, the provisions of the San Bernardino County Code adopted herein by reference, or any secondary code referred to therein. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter, the provisions of the San Bernardino County Code adopted herein by reference, or any secondary code referred to therein, shall be guilty of a misdemeanor and, upon conviction, shall be punishable by a fine of not more than $500.00, or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment. Each person shall be guilty of a separate offense for each and every day during any portion of which the violation of any provision is committed, continued or permitted by such person, and shall be punishable accordingly. (Code 1980, § 8.16.070;Ord. No. 152, § 1(part), 1981) CHAPTER 8.17. RESIDENTIAL REFUSE COLLECTION* *State law reference—Waste management, Public Resources Code § 40000 et seq.; waste management and recycling, Government Code § 66799 et seq.; waste disposal, Health and Safety Code § 117550 et seq.; Medical Waste Management Act, Health and Safety Code§ 117600 et seq. Sec. 8.17.010. Legislative policy. The city council finds and determines that storag•., accumulatiin, collection and disposal of refuse, , rec clables - asa`nd other discarded material is a matter of great public concern, in that impro!,=..: cod of of such matters creates a public nuisance, which may lead to air pollution, fire ,.•zar• ';: 'll ':,•1 dumping, insect breeding and rat infestation and other problems affecting the hea 1, wel re and safety of the residents of Rancho Cucamonga and surrounding cities. The ci • fu* •er declares that regulations provided in this chapter are designed to eliminate or levia uc problems. (Code 1980, § 8.17.010;Ord. No. 265, § 1 art), 85) Sec. 8.17.020. Definitions. For the purpose of this e be ollowing words and phrases are defined and shall be construed as hereinafter s• . nles t is apparent from the context that a different meaning was intended: AAnimal waste means manu , fertilizer, or any form of solid excrement produced by any and all forms of domestic animals or commercial livestock. R:$ulky item means any large item that requires special handling. including, but not limited to. appliances and furniture, CnCity clerk means the city clerk of the City of Rancho Cucamonga. $City manager means the city manager of the City of Rancho Cucamonga. Council means the city council of the City of Rancho Cucamonga. G:E-waste means any electronic product nearing or at the end of its useful life. including. but is-not limited to. computers and their components. televisions. VCRs. stereos, copiers and fax machines. {Gr'een waste means tree and shrubbery trimmings, vegetation matter resulting from land clearing, grass cuttings. weeds, straw. leaves, wood chips. sawdust and other household garden organic materials and other discarded plant or vegetation material. Page 190 of 496 hHazardous waste means a waste, or combination of waste which, because of its quantity. concentration, or physical, chemical or infectious characteristics. may do either of the following: A.4 Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; B.2 Pose a substantial present or potential hazard to human health or environment when . improperly treated, stored, transported or disposed of, or otherwise managed. The term "hazardous waste" includes, but is not limited to,universal waste and medical waste. F. J..Occupants means and includes every owner of and every tenant or person who is in possession of is the inhabitant of or has the care and control of, an inhabited residence. G :Permittee means any refuse collector authorized by the city council to collect refuse within the city pursuant to this chapter 7. I bPerson means any individual, firm, corporation, association, or group or combination acting as a unit. - M Recvclables means reusable waste materials, including, but not limited to, paper, books, magazines. boxes. wrappers, plastics, metals, glass. pack ing, textiles, construction and demolition waste, green waste, byproducts and such ma• rials as listed by the director as recvclables that are to be collected separate from refuse and tirocerged and used as raw,materials. The term"recyclables" does not include refuse or hazar4oiis waste. ) 1-N Refuse means and includes any and all . . . . . . • • . . . :- : - . referred to in thin chapter putrescible and non:ut sc"b s ;,' and semisolid waste including, but not limited to, garbage, solid waste matter, trash, ashe i 1 s ustrial wastes, bulky items, animal wastes. vegetable solid an semisolid wastes and comb stible and noncombustible wastes. The term "refuse" does not include hazardous of household hazardous waste. E-waste, universal waste, infectious medical waste, sharps. low leve adioa 've waste, recyclables or green waste. a:—Refuse collector means • p persons, firm, copartnership, joint venture, association or corporation engag: 4114;,e collection, transportation and/or disposal of refuse, recyclables and/or -: :•- -,s.- '1:1: =1: in the city. K. P Residential unit - 41, : h ce used for residential purposes, including,_tang but not restricted to: Single-fa._ dwellings, multifamily dwellings, apartments, condominiums, townhouses, mobilehome parks, :.. ; trailer courts, whether or not utilizing dumpster-type bins; however, not including:hospitals, convalescent homes, hotels and motels. N. • „ .. . . . - . . - . . -- - -, •• - --- • , : •- -- _ . . -• . - -:, .:, - , • - _, • --- - ". „ • . • - Q:Scavenging means the unauthorized collection, removal, or possession of refuse or i recyclables intended for collection by the city. permittee or authorized recycling agent. P Sharps includes, but is not limited to. home-generated hypodermic needles, pen needles, syringes,intravenous needles and lancets. „ „ . . -- Page 191 of 496 P-&Streets means the public streets, ways and alleys, except state freeways, as the same now or may hereafter exist within the city. • vegetabIe-ey-et-her-feet-ei-ia.k . . . . 4 2. Rcculting from dceay, dealing in or ctorage of meats, fich, fowl, fruits or vegctablco, 4. Fruit, vegetable -end animal matter from kitchens, dining roomo, markcto, food ei g ts-er • z -- • . . .. . . P•--Truck means any truck, trailer, semitrailer, conveyance or vehicle used or intended to be used for the purpose of collecting refuse, recyclables or green or to haul or transport refuse, recvclables or green waste. 33 Urlirersal waste means discarded consumer pro c contai ng mercury, lead, cadmium and other substances that are hazardous to human hea the environment, including, but not limited to, batteries and fluorescent tubes. (Code 1980, § 8.17.020; Ord. No.265, § 1(part), 1985) Sec. 8.17.030. Authority of city council t,. ,'-; . •e .,its for disposal and collection. _ . _ . . . . .^ . • . . -•. : - - -- - - -:: - T h e city council shall have the authority to issue exclusive permits for 1 a colle ion and disposal of refuse, , re lables or "°'-"' n wvhste"as provided for in this chapter, and may, as a condition for issuing such permitsx a and from the permittee in an amount determined by the city council to ensure the =fait performance of such collection and disposal service in accordance with this chapte n the tins and conditions imposed by the city council. In the event that any permittee sha it or refuse to conform to the conditions of the permit or this chapter, the city council, at its o • n and after a hearing called upon at least ten days' written notice to the permittee, may revoke such permit. In issuing permits for refuse, and „bbich recyclables or green waste collection and disposal, the city council shall not be required to issue the same based upon the offer of lower or lowest rates, but shall be free to issue such permits to the person deemed best suited to comply with the terms of this chapter and such other terms and conditions imposed by the city council. (Code 1980, § 8.17.030; Ord. No. 265, § 1(part), 1985) Sec. 8.17.040. Permits for refuse, recyclables and green waste collection and establishment of collection fees. The city council determines that the disposal and/or collection of refuse,--tfaehr—robbish recyclables and green er-epee--self waste is a service to be performed in the city in accordance with the provisions of this chapter. The city may from time to time issue permits to those parties meeting the criteria of this chapter and such other standards as may be established by resolution of the city council regarding the collection of refuse, traelsubbish recyclables and green Of-ether eel waste from residential units. So long as any such permit remains in force, collection of material provided for herein may be made only in accordance with the terms and conditions hereof. Such fees and charges for such collection, removal and removal and disposal services shall Page 192 of 496 be those which the city council may from time to time hereafter approve by resolution. No person shall engage in the business of collecting, removing or disposing of any refuse, track, r bbioh recvclables and green er-ether-sell-waste within the city from any residential unit, nor transport the same over any public streets or rights-of-way, unless a permit to do so has first been obtained from the city council and such person complies with the provisions of this chapter and any other regulations which have been adopted pursuant to this chapter. (Code 1980, § 8.17.040; Ord. No. 265, § l(part), 1985) Sec. 8.17.050. Unlawful collection. It is unlawful and a misdemeanor for any person to collect or transport refuse within the city unless such person is a permittee, as defined in this chapter, or is exempted as outlined in subsections A through E of this section; and it is unlawful for any person to permit, allow or enter into any agreement whatsoever for the collection or transportation of refuse from any residential unit with any person who is not a permittee as herein defined except as permitted in subsections A through E of this section. A. The collection and removal of -green waste by individual residents. property owners and : : : . : : : :':,: businesses. including. but not limited to, as-professional landscapers, weed abat e•t contractors or arborists, when the collection is directly related to their work, ; mpt from the refuse permit system. B. A permittee shall not be required to collect • •ous : - . . . : . - :: : . . : waste as part of its regular collection activity. :rif:•. :•u 4. :ste , , y - ! #SA shall not be deposited in collection •: : : : `•-cepta'es. C. In€eetious-tea Medical waste (as •=-fine,` ',• _A!,:-. : --': - - : - . _. . _.. ., the Medical Waste Management Ac Healt a and Safety Code § 117600 et seat, as amended from time to time, or any ss •. sion or provisions thereto) shall not be collected by a permittee. Anyone •',>•du •g saeh-medical wastes shall store, handle and dispose of such materials only i•_ e :Sea approved by the county health officer or designated deputy, and in ace., • . • 4e wi'•; the Califaraia-Health and Safety Code. D. The collection and re ,,•val of recyclable. .. . .. - . - . . . .. . : : : : . - - • .- - - . - • . - - .-- •:, from a residential unit that are separated either for reuse, for disposal at recycling facilities, or for the manufacture of new products shall be exempt from the refuse permit system. E. The removal and disposal of refuse from a residential unit by the occupant or owner • thereof shall be exempt'from the refuse permit system, subject to the provisions of section ' 8.17.120 e f th;o e apte, (Code 1980, § 8.17.050; Ord. No. 265, § l(part), 1985) Sec. 8.17.055. Scavenging prohibited. A. It shall be unlawful for any person other than a city permitted refuse collector or authorized recycling agent to remove or otherwise handle any selid-waste-refuse or recyclables contained in any refuse or recycling receptacle that has been placed curbside or elsewhere, for collection by a city permitted refuse collector or authorized recycling agent, without the prior written consent of the refuse collector or authorized recycling agent, or the property owner, tenant or agent thereof having exclusive use of such receptacle. Unauthorized removal of recyclables materials for the purpose of recycling, from recycling receptacles that have been placed for collection by an authorized recycling agent as part of a city residential recycling program, is a violation of California Public Resources Code § 41950. • Page 193 of 496 B. Any person violating any provision of this section shall be guilty of an infraction. In addition, the violation of any of the provisions of this section 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. (Code 1980, § 8.17.055;Ord. No.809, § 1, 2-18-2009) Sec. 8.17.060. Collection in emergencies. In emergencies, such as the breakdown of equipment, or other unfor seen or unpreventable circumstances, where, in the judgment of the city manager or designee, the particular situation justifies such action, the city manager or designee may issue limited or temporary permits to private persons or corporations to perform any of the services regulated by this chapter, subject to such reasonable fees, charges and conditions as the circumstances may warrant and as the parties involved may agree upon; provided that such fees and charges received from or paid to any private persons or corporations under this section for any period exceeding 15 fifteen-days' duration shall be approved by the city council. (Code 1980, § 8.17.060; Ord. No.265, § 1(part), 1985) Sec. 8.17.070. Hours of collection. A permittee shall not collect refuse, recyclables or _ •n was; : within a residential area between the hours of 6:00 p.m. and 6:00 a.m. the 6 .Ow (Code 1980, § 8.17.070;Ord. No. 265, § 1(part), 1985) Sec. 8.17.080. Refuse, r•c clables and r•en : - Election spillage. Permittees shall exercise all reasonab , ° I __ Bence in collecting refuse, recyclables and green wastes so as to prevent spilt ng, sc: ; ering or dropping refuse, recvclables and green waste and shall immediately, at the time occurr:nee, clean up any such spillage. (Code 1980, § 8.17.080; Ord. No. 265, •. . ), 1• .7`' Sec. 8.17.090. Refuse. reeve . 'en waste receptacles. A. It shall be the du :> ery , vner tenant, lessee or occupant of any private dwell ng . . . _-, .. . . - _ •• . _ : . _ . . • . - . _ . • - . . - • . .. . . : - . .-, a residential unit to deposit refuse, recvclab = and green waste in the receptacles designated for refuse, recyclables and green waste collection provided by the permittee. : : • • - - • • - •• - er All refuse. recyclables and green waste accumulated between collection days shall be contained • and stored within watertight metal or heavy gauge plastic receptacles approved by the city, except _ . _:, • _ _ . _ . -•.. _ - . .. : : : : _ : with a tight-fitting, closed lid to prevent leakage • .-. . . .• - •:, - • -- - • . • . .. : - between prior to collections. • . . - : .. :, .. • . .. : •: •:, _ . . . . . . . . .. . . _ .. .. . _ . _ ._• : . . _. Each owner. tenant, lessee and occupant shall keep the exterior of all receptacles, including lids, clean from accumulated grease or decomposing materials. B. All receptacles shall be stored out of public view, except on collection day or when placed out for collection pursuant to section 8.17.110A. , Page 194 of 496 C. Braneheo, tree limbs or other eimilar dobric shall be tied with sturdy twine, rope or wire, D. Newspapers and magasinec may be either deposited in metal or plastic receptacles, as weight. (Code 1980, § 8.17.090; Ord. No. 265, § 1(part), 1985) Sec. 8.17.100. Placement of receptacles for collection. It shall be the duty of occupants to set out or place conta-inero-receptacles_for the collection of refuse, wish recyclables, •_ - • . . _ . •_ . . . . , . . • . .••- . :. . • . - • _. ' and green waste, as follows: Any container or receptacle for the purpose of reception collection and removal of refuse recyclables and green waste shall be placed at the curb in front of the premises occupied by the person depositing the same, there to be coll. F by the permittee, provided that the permittee may designate some other location for the 1. .• - •f eent�ere-ate receptacles when such placement will expedite collection. (Code 1980, § 8.17.100; Ord. No. 265, § 1(part), 1985) Sec. 8.17.110. Time and date of placement of -ce.a c A. No person shall place, or cause to be aced, y refuse, recyclable or green waste or container or receptacle for refuse, roe cla 1= :Y • • waste in any public highway or in any place or in any manner other than hereinabo provided, or at any time other than the days established by the city for the collection of such re se on the particular route involved, not earlier than sunset of the day preceding oehe day d.e•ignated for collection, and all containers and receptacles shall be removed from the place of collection prior to 8:00 p.m. of the day the containers and receptacles have been emptied. At all-oiler times, receptacles for refuse, recyclables and green waste shall be stored out of public view in accordance with subsection B of section 8.17.090B. B. Each owner, occupant, tenant or lessee of a residential unit shall maintain the same in a sanitary condition. If the contati'ers or receptacles should not be emptied and the contents removed on the date and time scheduled by the permittee, they should immediately notify the permittee or the city, and it shall be the duty of the permittee to forthwith arrange for the collection and disposal of the refuse. C. Refuse, •. -, • . .• , . - - ,. •. . . • and bulky items which exceed the limitations hereinabove set out may, in the discretion of the permittee, be scheduled for special collection upon the application of the occupant of the premises. Special collection charges may be assessed by the permittee for this service with prior approval of abovementioned occupant of the premises. D. No person, other than the owner thereof, the owner's agents or employees or an officer or employee of the city or a permittee's agents or employees authorized for such purposes, shall tamper or meddle with any refuse container or the contents thereof, or remove the contents of any container, or remove any container from the location where the same shall have been placed by the owner thereof or owner's agent. (Code 1980, § 8.17.110; Ord. No. 265, § 1(part), 1985) Page 195 of 496 Sec. 8.17.120. Refuse removal.•. : _ : :. . .. . • - - •: . . • - -- ` • ' , - • • . • ' .- , - All refuse created, produced or accumulated in or about a residential unit in the city shall be removed from the premises at least once each week. It is unlawful and a misdemeanor for the occupant of any of the above-described premises to fail or neglect to provide for the removal of refuse at least as often as prescribed in this section. Each day's violation of this section shall be treated and considered as a separate and distinct offense. (Code 1980, § 8.17.120; Ord. No. 265, § l(part), 1985) Sec. 8.17.130. Refuse recvclables and green waste disposal. The permittee shall dispose of collected wastes;recvclables and green waste at permittee's expense, at a city-directed landfill or transfer station in a manner satisfactory to the city and in accordance with all state and local laws and regulations. (Code 1980, § 8.17.130;Ord. No.265, § 1(part), 1985) Sec. 8.17.140. Special provisions regarding method of disposal. A. The removal of wearing apparel, bedding or other efuse from residential units, as defined in section 8.17.020 , or other places he a highly infectious or contagious diseases have been present, shall be performed under th and direction of the county health officer and such refuse shall neither be place nt • e nor receptacles nor left for regular collection and disposal. B. Highly flammable or explosive or radio:, iv- • hall not be placed in eeafiieere er receptacles for regular collection and disposal, t sh: '• moved under the supervision of the city and/or the . . . : : •:• • - . . . . . _._ • 1::.• . _ _ Fire district at the expense of the owner or possessor of the material. C. Refuse and recyclables : . .. • . - . containing water or other liquids shall be y g drained before being placed in a :: - . : . •:ptacle. Matter which is subject to decomposition shall be wrapped in paper or othe . r ..1•: b-fore being placed in a co receptacle. D. No hazardous was,-.. -_, waste. medical waste, sharps, battery acid, poisonous, caustic or toxic material or : )11V'er s 'stance capable of damaging clothing or causing injury to the a person shall be mixed or ced with any ether refuse, recvclables or green waste which is to be collec! ■, removed or disposed of by a permittee. Such items shall be removed at the occupant's expense only after arrangements have been.made with the permittee or city for such removal. E. .. ... . : _ .:, : : : . - . . _ : _ : . : : . _ .. •: : .. : : • • _. : - _ . . . . . . ... , - . . . . . . . . . . . • . . . . • ''. - . It is unlawful and a misdemeanor for any person to violate any provision of this section. (Code 1980, § 8.17.140;Ord. No. 265, § 1(part), 1985) Sec. 8.17.150. Burning, burial or dumping. It is unlawful and a misdemeanor for any person to burn, bury or dump refuse, recvclables or green waste within the city at any time, unless a special permit for such burning, burial or dumping has been issued pursuant to authority conferred by the city council, and/or the aey . : • • . •. .•: .. • •• • • • • . fire district. (Code 1980, § 8.17.150; Ord. No. 265, § 1(part), 1985) Page 196 of 496 Sec. 8.17.160. Duration of storage. ' ' .. . _ .,.: . .... • . .. •. . - .. `'. . •, - . . . • . - .. . . . It is unlawful and a misdemeanor for any person to store or accumulate any refuse torch-•er at any residential unit in any container or at any location other than as hereinabove set forth, or - - . . . . . . . . . .. f o r a period of time in excess of seven days, provided that if a holiday occurs during that period, the period shall be extended one additional day. . • -• - . . -- - ' emeess-ef--ene-week--(seven-Elays); (Code 1980, § 8.17.160;Ord. No. 265, § 1(part), 1985) Sec. 8.17.170. Use of trucks. Any persons who desire to operate privately owned re se vehicles under provisions of this chapter shall, provided their vehicles ht and are provided with a tight cover. The city manager or designee shall requ' • the •e . ee to remove from service or repair those vehicles that allow or permit offensive o. . = to escape and/or refuse to be blown, dropped or spilled therefrom. (Code 1980, § 8.17.170; Ord. No. 265, § 1(part), 1985) Sec. 8.17.180. No parking of refuse tru F- : s y street. A. No person, between the hours 6:00 .m. and 6:00 a.m., shall leave a refuse truck parked on any city street. B. No person, between th• jP .:00 a.m. and 6:00 p.m., shall leave a refuse truck parked on any city street for o• - t • one hour unless the city manager or designee is notified that a breakdown or emergerfc. e- sts. (Code 1980, § 8.17.180; Ord. No. 2. • 1(part), 1985) Sec. 8.17.190. Trucks equipment required. Each truck of a permittee shall at all times have in the cab the registration of the truck, a certificate of insurance, and an identification card with the name of whom to telephone in case of an accident or emergency.. Each truck shall also be equipped with•a five-pound.fire extinguisher certified by the California state fire marshal and annually recharged. (Code 1980, § 8.17.190; Ord. No. 265, § 1(part), 1985) Sec. 8.17.200. Specifications and restrictions on collection trucks. All trucks used for refuse, ieh-recyclables and/or colid green waste collection within the city shall be required: A. To be completely enclosed with a rigid, nonabsorbent cover while transporting refuse, recyclables or green waste in or through the city. The term "completely enclosed with a nonabsorbent cover" means that refuse, recyclables or green waste shall not be visible from the street, nor shall any of the substances be permitted to leak, spill or become deposited along the public streets. Page 197 of 496 B. All trucks used in the course of refuse, disk recyclables or green waste collection shall be painted colors approved by the city manager or designee and identified by truck numerals, a company logo, and local telephone number. Those trucks shall be kept clean and in good repair at all times. (Code 1980, § 8.17.200; Ord. No. 265, § 1(part), 1985) Sec. 8.17.210. Truck inspection. A.Each of any permittee's trucks shall be made available for inspection at the discretion of the city manager or designee at any point of operation. (Code 1980, § 8.17.210; Ord. No. 265, § 1(part), 1985) Sec. 8.17.220. Permittee's local telephone number. Each permittee must maintain a local telephone number which shall be staffed for personal contact between 8:00 a.m. and 5:00 p.m. on normal working days, and at all other times with some type of mechanism for the purpose of taking messages. (Code 1980, § 8.17.220; Ord. No. 265, § 1(part), 1985) Sec. 8.17.230. Exclusive residential return collecti areas. For the purpose of this chapter, all territory wit f. the ci boundaries which qualify as residential units shall be considered to be wit :Are service area. e (Code 1980, § 8.17.230; Ord. No. 265, § ) .t), Sec. 8.17.240. Permittee's empl - Each permittee must s ro' +e E E h-quality service by industry standards and supply competent, qualified, ident e - and niformed personnel who serve the residents of the city in a courteo s ; :helpful and impartial manner. A. The city may, at its option, require fingerprinting of the permittee's employees whose service will cause them to enter onto or work in close proximity to private property. B. The permittee shall be required to hire employees without regard to race, religion, color, national origin, sex, political affiliation, or any other nontherit factor. C. Any employee driving permittee's refuse trucks shall at all times have in his or her possession a valid and appropriate vehicle operator's license issued by the state . D. The permittee's employees shall be required to wear clean, identifiable uniforms when engaged in refuse collection service within the city. (Code 1980, § 8.17.240; Ord. No. 265, § 1(part), 1985) Sec. 8.17.250. Permit for removal of refuse,recyclables and green waste prerequisites. A. Procedure and required information. A permittee must file a letter with the city manager or designee containing the following information: 1. Name and description of the permittee; 2. Permanent business address and address of local office of the permittee; Page 198 of 496 3. Trade and firm name; 4. If a joint venture or a partnership or limited partnership, the names of all partners of the corporation, and the names of the officers and their percentage of participation and their permanent addresses; 5. Facts indicating that the permittee has arranged for refuse disposal in an area where the same may be legally accepted and disposed as directed by the city; +-6.Facts indicating that permittee is qualified to render efficient refuse collection service; 8-7. Facts indicating that trucks and equipment conform to all applicable provisions of this chapter; 9-8. Satisfactory evidence that permittee has been in existence as a going concern for in excess of five years and possesses not less than five years' actual operating experience as a going concern in residential refuse collection and disposal; 49-9. Satisfactory evidence that permittee's experience as a going concern in residential refuse collection and disposal derives from operations of comparable size to that contemplated by this permittee; details shall includ-length of other contracts, name and size of municipality, nature of service provided, and s ?e a of the contact person at the municipality being served; 44-10. Evidence that permittee is in good standin_ t i e state and in the case of a corporation organized under the la . a ' . ,y •er state, evidence that permittee is licensed to do business in the state 42-11. A detailed inventory of the equipment available for use in refuse collection area; -1-3-12. A written statement from efi&coun , that the permittee either has, or the county will :.t at `'tni imum, a Class D permit for the collection and disposal of solid waste i :�. :_ity limits and such permit shall be attached to said letter; 44 13. Such other pert fact: or information as the city manager may require. B. Fees and requirements ermit. 1. Upon consideration of the information contained in the abovementioned letter and following a public hearing conducted by the city council upon at least ten days' prior written notice to the applicant, the city council may issue a permit. 2. Each permit granted shall apply 'to refuse collection for an area of the city specified therein and is exclusive. 3. A fee for processing permit applications shall be set by resolution of the city council with review on an annual basis. C. Bonding of permittee. Before granting a permit under the provisions of this chapter, the city council shall require the permittee, as a condition to the permit, to post with the city clerk a cash bond or surety bond in an amount determined by the city council and furnished by a corporate surety authorized to do business in the State of California, payable to the city-ef-Reneho Criieftmenga. The bond shall be conditioned upon the full and faithful performance by the permittee of obligations under the applicable provisions of this chapter and shall be kept in full force and effect by the permittee throughout the life of the permit and all renewals thereof. Page 199 of 496 1 D. Indemnification by permittee. As a condition of the city issuing a permit, the permittee shall agree to appear and defend all actions against the city arising out of the exercise of such permit, and shall indemnify and save the city, its officers, elected officials, employees and agents harmless from all claims, demands, actions or causes of actions of every kind and description, and any and all related attorneys' fees and court costs resulting directly or indirectly, arising out of, or in any way connected with the exercise of the permit, including, but not by way of limitation, any act or omission of any officer, employee or agent of permittee. E. Liability insurance. The permittee shall obtain and keep in force during the term of the permit public liability and bodily injury insurance in amounts determined by the city council, and workers' compensation insurance covering all employees of the permittee. Copies of such policies, or certificates evidencing such policies, shall be filed with the city clerk prior to the commencement of activities authorized by the permit. The city and its officers, elected officials, employees and agents shall be named as additional insureds on all such policies. All such policies shall contain, at a minimum, a provision requiring a 90-day notice to be given to the city prior to cancellation, modification or reduction of limits. The amounts of public liability insurance for bodily injury and property damage shall be subject to review and adjustment by the city council. F. Compliance with local and state califerbis—laws an. regulations. The permittee must agree to perform the terms of the permit in such a manner s+: :s y. comply with all applicable local and state laws and regulations pertaining to the collect.,n, , and transportation of solid waste. The permittee shall also comply with all other • • ••ances : .d regulations of the city and applicable laws and regulations of the county : _. - •: .:.. . .. : :nd the state-ef-Galiferffie, and shall obtain and keep in force all required permit u -ss licenses throughout the life of the permit and all renewals thereof. (Code 1980, § 8.17.250; Ord. No. 265, § 1(part), 19:• Sec. 8.17.260. Permit provisions. A. Fees.Any permit issued pun an • this, hapter shall provide for the payment of permits fees to the city, shall contain a• •it o al • '.visions agreed to by and between the city and permittee, and shall constitute a w 1,. - ement of said parties. B. Assignment or tra ,:,, • per'e it. No assignment or transfer of a permit pursuant to this chapter or any right accruing s,'e : -r such permit shall be made in whole or in part by the permittee without the express consent o d.. he city council. In the event any assignment or transfer is authorized by the city council, th assignee shall assume the liability and all other obligations of the permittee. C. Revocation. A permit may be revoked at the option of the city council in the event there is a change of ownership of any kind or nature of the.operating company, unless approval therefor , has been obtained in writing from the city council. If it is determined by the city manager or designee that permittee has not complied with the provisions of this chapter, the permit, and all other applicable statutes, ordinances, rules and regulations, the city manager or designee shall notify the permittee in writing of noncompliance and shall order compliance within 30 thirty days. If noncompliance is not corrected within the above-prescribed 30-day period, the city council, following a public hearing upon at least ten days' written notice to the permittee, may terminate the permit. (Code 1980, § 8.17.260;Ord. No. 265 § 1(part), 1985) Page 200 of 496 Sec. 8.17.2$-270. Mandatory payment for collection service; exceptions. A. Except as otherwise provided in this chapter, each occupant shall utilize the services of a permittee for the collection of refuse from the residential premises of such occupant, and shall pay collection fees to the permittee as set by the permittee and authorized by resolution of the city council. The obligation of each occupant to pay such refuse collection fees shall be a civil debt due and owing to the permittee, from the occupant to whom the collection services are made available. A failure to make timely payment constitutes a violation of this chapter. All revisions in collection fees sought to be imposed by a permittee must be submitted to the city council for review and must be approved by resolution of the city council following a public hearing upon no less than ten days prior written notice to the permittee. B. Lien authorized. 1. Pursuant to Government Code §§ 38790.1 and 25831, charges for refuse collection services furnished on behalf of the city by a permittee, at remain delinquent for a period of at least 60 oixty days shall constitute a lien ag st the parcel of land for which the refuse collection services were provided. At lea o year, the city council shall cause to be prepared a report of delinquent f s. 3e c' ouncil or designee shall fix a time, date, and place for hearing the report an ny objections or protests to the report. The city council or designee shall causefiffftorkke hearing to be mailed by first class mail with verification of delivery, to the proptywners listed on the report, not less than ten days prior to the date of the h 'ng. t the hearing, the city council shall hear any objections or protests of prole ,"g re'i iable to be assessed for delinquent fees. The city council may make reviions or', orrections to the report as it deems just, after which, by resolution, the re ort all be k.nfirmed. 2. The delinquent fees se # fo _in the report as confirmed shall constitute special assessments against _:. r ec a parcels of land and are a lien on the property for the amount of the deli, a ?fee .;A certified copy of the confirmed report shall be filed with the county auditor e amounts of the respective assessments against the respective parcels of land as they ',apear on the current assessment role. The lien created attaches upon recordation of a certified copy of the resolution of confirmation in the office of the county recorder : - _: . - : _: ? - . . :. The assessment may be collected at the same time and in the same manner as ordinary county ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure and sale in ' case of delinquency as provided for those taxes. 3. All laws applicable to the levy, collection, and enforcement of county ad valorem property taxes shall be applicable to the assessment, except that if any real property to which the lien would attach has been transferred, or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the lien that would otherwise be imposed by this section shall not attach to the real property and the delinquent fees, as confirmed, relating to the property shall be transferred to the unsecured role for collection. C. Pursuant to the provisions of section 8.17.050E, nothing in this chapter shall prevent any occupant from regularly collecting and disposing of refuse generated in or on the occupant's premises, as an alternative to receiving and paying for refuse collection services from a permittee, provided, however, that such occupant shall comply with all other provisions of this chapter Page 201 of 496 applicable to occupants. No occupant shall employ or engage any oolid wants refuse enterprise, other than a permittee, to haul or transport refuse from the occupant's premises. Any occupant desiring to collect and dispose of refuse generated in or on his or her premises ("self-haul"), must first obtain a self-haul permit from the city, and pay the self-haul permit fee in an amount established by resolution of the city council. Each occupant issued a self-haul permit must dispose of refuse at the occupant's expense, at a city-directed landfill or transfer station, or such other landfill, transfer station or processing facility meeting all applicable regulatory requirements. Each occupant issued a self-haul permit shall, every six months, file with the city manager or designee a report detailing the quantity and nature of all refuse, including recyclables, removed from the occupant's premises. The report shall be delivered to the city manager or designee on or before January 14 and July let of each year for the immediately preceding six-month period. The report shall identify the waste disposal facility utilized by the occupant and shall include copies of all receipts evidencing disposal, issued by such disposal facility during the six-month period. A failure to file any required report is a violation of this chapter, punishable as an infraction or by administrative penalty as provided in this Code. D. The provisions of subsection 8.17.280.A of this section shall not apply to any owner, tenant, or person having lawful possession of a residential unit, who provides evidence satisfactory to the city manager or designee that the residential unit ha- :` .been occupied by any person for 60 or more consecutive days, for the period of time the prope • 'ccupied. (Code 1980, § 8.17.280;Ord. No. 838, § 2, 4-6-2011) Editor's note—Ord. No. 838, § 1, adopted April 6, 2011, repe eh.17. 80 in its entirety. Section 2 of said ordinance enacted new provisions to read as herein set s this amendment, § 8.17.280 pertained to charges for service. See Ordinance Disposition List for r eriva . c J°7 eon C�,,..•,.ability, .. . . . clause and phrase thereof irrecpeistive of the fact that any one or more cectiono, subseetieno, (Code 1930, § 8.17.290; Ord. No. 265§=1(part), 1985) CHAPTER 8.18. EMERGENCY MEDICAL SERVICES* *State law reference—Emergencies Services Act, Government Code § 8550 et seq.; emergency medical services, Health and Safety Code§ 1797 et seq. Sec. 8.18.010. Definitions. Unless otherwise stated, words and terms are defined as follows: A7Advanced life support (ALS) wee emergency medical service vehicle means an emb•ulanee emergency medical vehicle which has additional equipment and supplies, as required by state or local law and the county health officer, applicable to the provision of advanced life•support level of service. _. • _ _• . .. . - - - . •-.•.. .. • - • Page 202 of 496 H:Basic life support (BLS)ambulance"emergency medical service vehicle means an affil+a-lanee emergency medical service vehicle which has equipment and supplies as required by the California Administrative Code and any other local or state regulation applicable to the provision of basic life support level of service. • •• • • : - • - -- E. "City" means the city of Rancho Cucamonga, California. F-City manager means the city manager of the City of Rancho Cucamonga, or his or her designee. G,Class of service means the level or levels of complexity of field emergency medical services, and will be specified as basic life support provided by certified emergency medical technician (EMT•1A) personnel conforming to the provisions of the California Health and Safety Code full advanced life-support provided by California state-licensed physicians, or by paramedics and mobile intensive care nurses certified under the California Health•and Safety Code. 1Code 3 means the period when an advanced lif,suppo abu-laeee emergency medical service vehicle is traveling to or from a patient pickup/point as a result of an emergency call and during which said a mbm n lance° e emergency medical service vehicle is using red lights and siren. J. "County" means the county of San Bernardino. 1� health officer means that ff person d e Count y signated as such by the County of San Bernardino. \) "Emergency" means a condition-or.cituation-in which an individual has a need for immediate I7Eniergency call mean'sCa req\�r the dispatch of an ttitthulafiee emergency medical service vehicle to transport or provide other assistance for a person who apparently has sudden or unforeseen need of emergency medical attention. 44-Emergency medical service means • •• • ash the functions performed in response to an emergency call, and includes the provision of advanced life support. 14, "Ambulance"Emergency medical vehicle 'means any vehicle specially constructed, modified or equipped, and used for the purpose of transporting sick, injured, convalescent, infirm or otherwise incapacitated persons and which is equipped with emergency signaling devices (such as red light and siren) or which is subject to licensing by the state California highway patrol as an ambulance emergency medical service vehicle. lT "Ambulance Emergency medical vehicle service operator means any person who owns or operates one or more ambulance emergency medical service vehicles, either on an emergency or a nonemergency basis. "Emergency Medical Technician 1" or "EMT I" means an individual trained in all facets of Page 203 of 496 .. L� . . .. • . . . . . . . . . . . . . . . . . . . . .. . . . . . . . to Health and Safety Code, § 1797 ct ceq. N-Mobile intensive care nurse (MICJ means a registered nurse who has been certified by the county health officer as qualified in the provision of emergency cardiac and noncardiac care and in the issuance of emergency instructions to mobile intensive care paramedics (MICP). fuctioni .. ... restrict the duties or functions of a registered nurac or mobilc_intencivc care nurse ac othcrwico ceided bylaw.. &Mobile intensive care paramedic (MICP) means a perso n-specially trained in the provision of emergency cardiac and noncardiac care and who holds.a. current-EMT-P certificate. l? Nonemergency call means all requests for emergency medical service vehicle services which do not require a Code 3 response or the\provision of emergency services as of the time the call is made. \\ JJyyyy QPatient means a sick, injured, wounded invalid, expectant mother, convalescent, or otherwise incapacitated person. R7Permittee means any person who possesses a current city permit to act as an aratelanee emergency medical service vehicle'senviee-op a or, including all employees, directors, officers and agents of permittee. S. "Person" means and'in luc des all/natural persons, as well as any individual partnership, firm, corporation, n cociation`fioyernmental agency, or other group or combination acting as a . wit \ " (Code 1980, § 8.18.010; Ord. No. 269,_§ 1(part), 1985) Sec. 8.18.020. Permits required. • A. It is unlawful for any person, either as owner, employee or otherwise, to operate an ambulance emergency medical service vehicle, or to engage in business as an ambulance emergency medical service vehicle ser-c'iee-operator, upon the streets or any public way or place in the city, except in conformance with a valid city permit to operate an arakelanee emergency medical service vehicle service. A permit may be issued authorizing the provision of nonemergency services only, or nonemergency and emergency service. B. Exceptions. The equipment and personnel standards specified in this chapter apply to all ambulance emergency medical service vehicle operators; however, the licensing and permit requirements shall not apply to: 1. Publicly owned ambalenee emergency medical service vehicles; or 2. Vehicles operated as ambulance emergency medical service vehicles at the request of local authorities during any "state of war emergency," duly proclaimed "state of emergency" or "local emergency," as defined in the California Emergency Services Act, Page 204 of 496 Government Code & 8550 et seq., (Chapter 7 of Divicion 1 of Title 2 of the Government Code), as amended. (Code 1980, § 8.8.020; Ord. No. 269, § 1(part), 1985) State law reference—Authority to contract ambulance services, Government Code §§ 38794, 54981. Sec. 8.18.030. Permit fees. Permit fees shall be those which are, from time to time, set by the city council. All permits shall be issued to expire on June 30th of each year. (Code 1980, § 8.18.030; Ord. No. 269, § 1(part), 1985) Sec. 8.18.040. Application for a permit or renewal of a permit. A—Procedure and information required. Prerequisites to the issuance of a permit or renewal of a permit for an applicant shall include the filing with the city manager of an application in • writing on a form to be furnished by the city manager, which shall provide the following minimum information: A.-h Name and description of applicant; B.2, Business address and residence address of any individual applicant; C.& The name under which the ambulance emergency medical-service vehicle service will do . business; . • D.4 If a corporation, joint venture, partnership o r�limited partnership, the names of all partners, or the names of corporate officers, their residence addresses, and their percentage of participation in the business; 1) E.& If the applicant is applying for a permit to provide emergency service, a verification that the applicant is equipped to and will provide ALS paramedic service at all times in the city; F.&. Express warranty from the applicant:in all applications that the applicant owns or has under his control required\equipment to adequately conduct an abrc m dancelance emergency medical service vehicle service in the city which meets the requirements established by the California Vehicle Code, and that the applicant owns or has access to suitable and A .. ..,. safe facilities for maint`arn g his a r e emergency medical service vehicle service in a clean and sanitary condition. If applying for initial or renewed permit to provide emergency services, both initial and renewal applications must contain a statement that the applicant will maintain (station) at least one ALS-equipped ambulance emergency medical service vehicle within the geographical boundaries of the city. Additionally, the applicant must establish to the reasonable satisfaction of the city manager that the applicant has adequate capability to back up or augment such ALS-equipped aculautediee emergency medical service vehicle if it is not immediately available to respond to a call therefor; G.+A complete description of each ambulance emergency medical service vehicle to be operated by the applicant, including a list of the internal equipment carried by each ambulance emergency medical service vehicle, the patient capacity thereof, and a copy of the applicant's current ambulance emergency medical service vehicle inspection report issued by the state California highway patrol for each vehicle; HATA statement by the applicant warranting that each permitted ambulance emergency medical service vehicle and its appurtenances conforms to all applicable provisions of this chapter, the California–Vehicle Code, the California Administrative Code, and all other state, county or city applicable rules or regulations; Page 205 of 496 LOT If the applicant is applying for a permit to provide emergency service, a statement that the applicant employs sufficient personnel adequately trained and available to deliver emergency ALS paramedic anubulanee emergency medical service vehicle services of good quality at all times in the city; J.4& A description of the level of training for each ambulanee emergency medical service vehicle employee, and a copy of each current certificate or license, including driver's license, issued by the state and county, establishing qualifications of such personnel to be employed in ambulance emergency medical service vehicle operations; K.44, A statement, in an initial application, that shows to the satisfaction of the city manager that the issuance of a permit is in the public interest and there is a need for a permit to be issued, in that there is a requirement for ambulance emergency medical service vehicle service which can be provided by the applicant; L.4$ A statement signed by the applicant that, as a condition of the city issuing a permit, applicant agrees to appear and defend all actions against the city arising out of the exercise of the permit, and shall indemnify and save the city, its officers and employees and agents harmless from any and all claims, demands, actions or causes of actions of every kind and description resulting directly or indirectly, arising out of, or in any way connected with the exercise of this permit; M.4- A schedule of rates proposed to be chargeddbyte applicant; N.d4 Whether the applicant is seeking a permit to provide advanced life support (emergency) or basic life support (nonemergency) level of service, or both. (Code 1980, § 8.18.040; Ord. No. 269. § 1(part), 1985) Sec. 8.18.050. Investigation by city m an age; Upon receipt of a completed initial (nonrenewal) application, the city manager shall conduct an investigation to determine if the�appl'antmeets all requirements of this chapter. Upon completion of his investigation, the city manager shall recommend to the city council that a permit be granted or denied. The determination_of'the city council shall be made after a duly noticed public hearing upon the qua s‘of.the applicant. (Code 1980, § 8.18.050; Ord. No. 269(§ 1(part), 1985) Sec. 8.18.060. Issuance or denialyof permit; bonding and insurance. • • A. The city council shall order the issuance of a new permit to conduct an ambulance • emergency medical service vehicle service in the city upon finding that the applicant meets all requirements of this chapter. • B. The city council may deny a new or renewed permit if it finds any of the following conditions to be true: 1. That the application does not contain the information required by the provisions of this chapter; OF 2. That the vehicles described in the application are inadequate or unsafe for the purpose for which they are to be used; Of 3. That the color scheme, name, monogram or insignia to be used upon such vehicles is in conflict with or imitates any color scheme, name, monogram or insignia used by any person so as to be misleading or tending to mislead or misrepresent material facts; 4. That there is insufficient need for such additional ambulance emergency medical service vehicle service within the city, provided that the sole fact there is an existing provider or providers shall not constitute sufficient proof that the condition exists; or Page 206 of 496 5. That the applicant or the proposed wee emergency medical service vehicle operation does not satisfactorily meet all requirements set forth in this chapter. C. The city council may deny a permit if the applicant or any partner, officer or director thereof: 1. Was previously the holder of any wee emergency medical service vehicle permit which permit was revoked or suspended;er 2. Has, within the preceding five years, committed any act which, if committed by any permittee, would be grounds for the suspension or revocation of a permit issued pursuant to this chapter;or 3. Has committed any act involving dishonesty, fraud or deceit whereby another is injured or where the applicant has benefitted;er 4. Has acted as an epee emergency medical service vehicle cc- —operator in any city without possessing a required permit therefor;or 5. Has aided or abetted any person in violating any provision of this chapter or any other ambulance emergency medical service vehicle ordinance; or 6. Has made any material misstatement of fact upon : 'y application, or during the course of any investigation required or permitted by this D. Bonding of applicant. Before any permit is i- ue, unde .tae provisions of this chapter, the city council may require the applicant, as a condition he issuance of the permit, to post with the city clerk a cash bond in the sum of '.25 001.1.0'1=• - . -;,- .• : • .. . : : : : :, or a surety bond in the same amount, furnished by a corporation uthori d o do business in the state, payable to the city. The bond shall be conditioned upon a L 1 any faithful performance by the permittee of his obligations under the applicable provi ons :; apter, and shall be kept in full force and effect by the permittee throughout the lif•f•f the p rmit and all renewals thereof. E. As a condition of issuance a AI* to operate an ambulenee emergency medical service vehicle under this chapte.r,. 'er ittee shall hold harmless, indemnify and defend the city, its elected officials, officers a .a e , from any and all claims and lawsuits for damage to persons or property arising o,p o pr in'';ny way connected with permittee's wee emergency medical service vehicle operat .€ F_. or operations of permittee's officers, employees and agents with respect to the provision of : : . emergency medical service vehicle services, to the maximum extent provided by law. F. Liability insurance. The permittee shall obtain and keep in force during the term of the permit public liability insurance issued by a company authorized to do business in the state, insuring the ambulanee emergency medical service vehicle service-operator and hist,,her employees, • and also naming the city, its elected officials, officers and employees as additional insureds of such policy, against loss by reason of injury or damages to persons or property arising from the operation or defective construction of such wee emergency medical service vehicle, or from violation of this chapter, or of any other law of the state or of the United States. Such policy shall contain provisions, to the extent the insurer is willing to provide, waiving insurer's right of subrogation, making all policies primary and noncontributing, and such policy shall be in the sum of not less than $4,000,000.00 for personal injury to or death of any one person in any single accident; and the limits of each such policy shall not be less than $4,000,000.00 few for damages to or destruction of property in any one accident. Workers' compensation insurance shall be carried covering all employees of the permittee. Copies of the policies or certificates evidencing such policies shall be filed with the city clerk prior to the effective date of any permit issued hereunder. All policies shall contain a provision requiring 30 Page 207 of 496 thirty days' notice to be given to the city clerk prior to cancellation, modification or reduction of limits of any policies required herein. (Code 1980, § 8.18.060; Ord. No. 269, § 1(part), 1985) Sec. 8.18.070. Content of permit. The permit shall specify the dates of issuance and of expiration, the license number or vehicle identification number of each aathu4anee emergency medical service vehicle authorized thereunder, number of vehicles to be used by the permittee, plus any special conditions imposed as a condition precedent to the issuance of such permit by the city council. (Code 1980, § 8.18.070; Ord. No. 269, § 1(part), 1985) • Sec. 8.18.080. Amendment of permits. Upon request by the permittee, the city manager may amend the conditions specified in a • permit, if he finds such requested changes to be in substantial compliance with the provisions of this chapter. Such amendment shall not affect the expiration date of.the existing permit, nor shall it authorize a change in ownership from that specified in the original permit. (Code 1980, § 8.18.080; Ord. No. 269, § 1(part), 1985) Sec. 8.18.090. Renewal of permits. • A. Permits may be renewed annually by the city manager upon application of the permittee made at least 60 sixty-days prior to expiration of the current-permit, if the permit holder proposes • no substantial change in the nature of service to berendered, if the city manager determines that / T\ \�. the permit holder has, during the period of the expiring\permit, operated in conformity with the provisions of this chapter and the rules and regulations of the city, that he is capable of continuing operation in conformity with the rules and.regulations of the city, and that all facts contained in the original and renewal application are still true B. Unless good cause can be shown(by the permittee, it shall be a valid basis for nonrenewal of a permit if the permittee has not during tliee preceding permit period, had a Code 3 response time, in at least 95 Tine-percent,ofits emergency calls, of ten minutes or less, such response time being measured from the\time;the permittee is given the request until the permittee's .n kulanee emergency medical`service vehicle actually arrived at the location for which the service was requested. Calls which\com���mence as emergency calls but which are converted to nonemergency calls during the provision of service shall not be included in the calculation specified in this subsection-14. (Code 1980, § 8.18.090; Ord. No. 269, § I(part), 1985) • Sec. 8.18.100. Suspension and revocation of permits. • • The city manager shall be empowered to and may suspend or revoke any permit issued under the provisions of this chapter when it has been found, after investigation, that the permittee has become insolvent, or the permittee or any partner, officer, director or employee of permit holder: A. Has violated any section of this chapter, or any rules or regulations that are promulgated by the city which relate to the permit activities; B. Has been convicted of any offense relating to the use, sale, possession or transportation of narcotics or habit-forming drugs; er C. Has committed any act involving dishonesty, fraud or deceit whereby another is injured, or the permittee has benefitted; er D. Has misrepresented a material fact in obtaining a permit, or is no longer adhering to the conditions imposed by this chapter or by the city council; er Page 208 of 496 E. Has aided or abetted any person in violating the provisions of this chapter or any law relating to the activities permitted hereunder; ee F. Has failed to make or keep any records or logs, as required in this.chapter, or has failed to have such records available for inspection by the city manager or his duly authorized representative for a period of not less than three years after completion of any activity to which the records refer; G. Has accepted an emergency call when the applicant knows or should have known that he is unable to provide the requested service, or when the applicant has accepted an emergency call and fails to inform and obtain consent from the person requesting such service of any delay before causing an afnbulanee emergency medical service vehicle to respond from a location so distant as to cause a response time greater than ten minutes; H. If holding a permit authorizing emergency service and without prior approval by the city has failed to provide an arabiklenee emergency medical service vehicle, complete with appropriate personnel, within the city, capable and authorized to provide advanced life support level of service, for a continuous period exceeding 24 twenty four consecutive hours; I. Fails to notify the Feet-hill Rancho Cucamonga Protection District Dispatch Center of a request or need for emergency ambulance emergency-medical service vehicle service, as hereinafter required, within the city; eJ. Operates an wee emergency medical service vehicle denoted as a paramedic unit by working or lettering on the unit without qualified mobile intensive care (MIC) personnel and equipment in the vehicle; Y K. Has or has attempted to assign,�transfer or sell any interest in ownership without complying with all conditions se{jforth ii 1\this'chapter; L. During any validation period of not less}than 30 thirty days, has failed to respond to 95 ninety five percent of Code4 calls within ten minutes or less; or M. Has had, during the effect ve.period'of the permit granted under this chapter, any license or permit to operatelnanee emergency medical service vehicle in any city, county or state suspended or revoked)/ (Code 1980, § 8.18.100; Ord. No. 269;.§y 1(part), 1985) Sec. 8.18.110. Suspension, conditional operation, and temporary variance. A. At least 30 thirty days prior to any sale, transfer or change in ownership interest of any kind or nature, any interruption of service, or any change in staffing or equipment of the permitted ambulance emergency medical service vehicle'service, the permittee shall notify the city manager ' immediately in writing, stating the facts of such change. Failure to obtain approval of the city manager prior to such changes or interruption shall be grounds for immediate permit revocation. B. Upon request by the permittee, the city manager may grant a temporary variance in writing from the conditions specified in the original permit if he finds that such change is in substantial compliance with the provisions of this chapter, or he may deny permittee's request. In all cases when a change of ownership is planned, an application for a new permit shall be filed 30 thirty days prior thereto. The application must contain all information required in this chapter with respect to new permits, and the application must be approved prior to the effective date of any such change of ownership. Failure to obtain prior approval shall be grounds for revocation of any permits previously issued hereunder. (Code 1980, § 8.18.110; Ord. No. 269, § 1(part), 1985) Page 209 of 496 Sec. 8.18.120. Appeal procedure. A. If the application for renewal of a permit is denied by the city manager, or if the city manager suspends or revokes a permit, the permittee shall be given written notice specifying not only the action taken, but, in the event of a suspension or revocation, the effective date thereof, which shall be not less than 15 fifteen days after the date of such notice, except as otherwise provided herein. Such notification shall be by registered or certified mail. B. Within ten calendar days after the date of such notification, the permittee may request a hearing before the city manager. Such request must be in writing to the city clerk. If such request is timely made, the effective date of any denial, suspension or revocation shall be extended until 15 fifteen days following the city manager's action upon the request. The city manager may, after such hearing, affirm, modify or set aside the original decision. If no timely appeal is received, the city manager's decision shall be final. C. If, after the hearing provided for above, the city manager denies renewal, suspends or revokes a permit, the permittee shall have the right to demand a hearing by the city council. A request for a hearing shall be made in writing to the city clerk within 15 fifteen calendar days following the denial, suspension or revocation of the permit. Upon receipt of a written request, the city clerk shall set the matter for hearing on a date not more than 60 sixty days following receipt of the written request and give notice to the appellant, the city manager, and any other interested persons who may present evidence relevant to the decision,of-the city.manager. Within 30 thirty days following the conclusion of the hearing, the city4ouncil shalemake findings and issue its order modifying, affirming or denying the action of the city m nager. If no timely appeal to the city council is received, the city manager's decision shall lie.final\j D. Except as otherwise herein provided, during the/time available to request an appeal, and at all times prior to the rendering of a finaLjudgmentt,the effect of such nonrenewal, suspension or revocation shall be stayed. The decision oflthe city\council shall be final. E. Notwithstanding any other p ovis o`s'rein contained to the contrary, the city manager shall be empowered to effect an immediate=-suspension of a permit, pending hearing, without ti delaying the effective date thereoff,he-first finds the continued conduct of such permittee constitutes a danger to the public health, safety or welfare. F. Any permittee whose permit has been suspended under the provisions of subsection E of this section shall have a hearing\scheduled before the city manager within five working days of such suspension. An aggrieved permittee may appeal the city manager's decision as provided in subsection B of this section 18.20. However, the suspension shall not be stayed during such appeal procedure. . (Code 1980, § 8.18.120; Ord. No. 269, § l(part), 1985) • Sec. 8.18.130. Emergency service requirements. Each emergency service permittee shall provide advanced life support (paramedic) analaulanee emergency medical service vehicle service on a continuous 24-hour-per-day basis during the entire term of the permit. (Code 1980, § 8.18.130; Ord. No. 269, § 1(part), 1985) Sec. 8.18.140. Conformance with permit requirements. No ambulance emergency medical service vehicle operator shall provide ambulance emergency medical vehicle service for ambulance emergency medical service vehicle calls originating within the city unless he shall first have obtained a valid city permit in accordance with this chapter. (Code 1980, § 8.18.140; Ord. No. 269, § 1(part), 1985) Page 210 of 496 Sec. 8.18.150. Standards for dispatch. • A. Each emergency ambulance medical service vehicle service receiving an emergency request shall dispatch an ambulance emergency medical service vehicle in compliance with all city procedures and procedures required by all applicable state and county codes. If an aubulauee emergency medical service vehicle is not available for immediate dispatch, the procedures required by all applicable state laws, including the California Administrative Code, and any applicable county codes shall be followed. B. The Foothill Rancho Cucamonga Fire Protection District Dispatch Center shall be immediately notified by the permittee of any emergency ambulance emergency medical service vehicle request or need. C. Logs. 1. All emergency medical service vehicle operators shall maintain a log for a period of three years containing all dispatch and arrival times and locations, the nature of the medical emergency, the total amount charged, and the name of the recipient of such services, all made under penalty of perjury and available for inspection by city representatives during office hours. 2. All nonemergency ambulance medical service vehicle shall maintain a similar log, except that dispatch and response times shalbnotbe- iced to be recorded. D. No ambulance emergency medical service vehicle shall berdispatched without having first received a legitimate request for such services. (Code 1980, § 8.18.150; Ord. No. 269, § l(part), 1985) \‘‘ • Sec. 8.18.160. Ambu-la-nee—Emergency medical service vehicle safety and emergency equipment requirements. amba-laaeeEmergencv medical service vehicles shall be maintained at all times in good mechanical repair, in a clean and sanitarycondition, and in full compliance with all applicable local and state laws. A. Minimum equipmentmAll ambulance emergency medical service vehicles shall be equipped with two way Yadios and all other safety and emergency equipment required for ambulance emergencVmedical service vehicles by the California Vehicle Code and the California Administrativetode, administrative rules of the county health officer as the same are now written, or hereafter amended, and any other rules or regulations applicable to ambulance emergency medical service vehicle services. B. Emergency (.ALS) ambulance medical service vehicle equipment (ALS) . In addition to the regular ambulance emergency medical service vehicle equipment and supplies, all ALS amb,== ola nee-emergency medical service vehicles shall also be equipped as required under the administrative rules of the county health officer, and as required by any other applicable state or local regulations. C. Maintenance of emergency equipment and supplies. Dressings, bandaging, instruments and other medical supplies used for care and treatment of patients will be protected so they are sterile when ready for use. (Code 1980, § 8.18.160; Ord. No. 269 § l(part), 1985) Sec. 8.18.170. Ambu-lanee-Emergency medical service vehicle personnel. A. Every person who drives an ambulance emergency medical service vehicle within the city, while responding to calls, shall comply with all applicable requirements of state law, including those requirements set forth in the California Administrative Code for ambu-lanee Page 211 of 496 emergency medical service vehicle drivers. The driver of an ambulance emergency medical service vehicle shall be trained and competent in the proper use of all equipment required by this chapter or other applicable law. The driver shall also hold a certificate of at least an EMT-1A unless the ambulance emergency medical service vehicle operator has been specifically exempted from this requirement by the city council. The driver shall hold a valid state California driver's license which authorizes the driver to drive an ambulance emergency medical service vehicle. B. AmbulanccEmergency medical service vehicle attendant. All ambulance emergency medical service vehicle attendants shall be trained and competent in the proper use of all equipment required by this chapter, or by other applicable law, and shall hold the required certification of at least an EMT-1A. If the vehicle is being used as an emergency medical service (ALS) vehicle ambulance, at least one attendant shall hold a current certificate as an MIC paramedic (EMT-P). C. Attendant required. Each ambulance emergency medical service vehicle being operated within the city, in response to an emergency call, shall be staffed by both a driver and MIC paramedic. The MIC paramedic of an ambulance emergency medical service vehicle responding to an emergency call shall occupy the patient compartment while transporting any person in apparent need of medical attention. In nonemergency calls, the attendant must hold, at minimum, • a current EMT-1A certificate. Cm D. An ambulance emergency medical service vehicle=driver ambulance emergency medical service vehicle attendant who is a California state-licensed physician or a MIC nurse currently 'N.\ x. certified shall be exempt from the emergency medical traning requirement of this section. E. This section shall not apply during anyy"state ofnmergency" or "local emergency," as defined in the Government Code of the state. (Code 1980, § 8.18.170; Ord.No. 269, § 1(part),(1985) Sec. 8.18.180. Continuation of call. An ambulance emergency medical service'_vehicle based and properly licensed outside the city, but not licensed by the city, shall'be it__ho ized to transport a patient to or through the city, but shall not be authorized to transport patients originating in the city, except in emergency situations when no other licensed emergency/service provider is reasonably available. In the discretion of the requesting agency, and subject\o subsequent review by the city, a non-city-licensed ambulance emergency medical service vehicle may be utilized in life and death situations when no licensed provider is reasonably available. '' (Code 1980, § 8.18.180; Ord. No. 269, § 1(part), 1985) Sec. 8.18;190. Emergency and disaster operations. . During any "state of war emergency," "state of emergency" or "local emergency," as defined in the California Emergency Services Act, Government Code § 8558, (Chapter 7 of Division 1 of Title 2 of the Geveerument-Gode7 as amended, each ambulance emergency medical service vehicle °tee operator shall provide equipment, facilities and personnel as required by the city manager. (Code 1980, § 8.18.190; Ord. No. 269, § 1(part), 1985) State law reference—California Emergency Services Act, Government Code § 8550 et seq. Sec. 8.18.200. User complaint procedures. Any user or subscriber to an ambulance emergency medical service vehicle contending that he has been required to pay an excessive charge for service, or that he has received unsatisfactory services, may file a written complaint with the city manager setting forth such allegations. The city manager shall notify the affected permittee of such complaint, and shall investigate the Page 212 of 496 matter to determine the validity of the complaint. If the complaint is determined to be valid, the city manager shall take a reasonable and proper action to secure compliance with the conditions of this chapter. (Code 1980, § 8.18.200; Ord. No. 269, § l(part), 1985) Sec. 8.18.210. Enforcement responsibilities. A. The city manager shall make all necessary and reasonable rules and regulations, subject to the approval of the city council, pertaining to a lance emergency medical service vehicles, ambulance emergency medical service vehicle operations, equipment and ambulance emergency medical service vehicle personnel, reasonably necessary for the effective and reasonable administration of this chapter. B. The city manager, during office hours or otherwise upon reasonable notice, shall be authorized by the permittee to inspect the records, facilities, vehicles, equipment and methods of operation whenever such inspections are deemed necessary. (Code 1980, § 8.18.210; Ord. No. 269, § 1(part), 1985) Sec. 8.18.220. Excused performance. No operator shall be deemed to be in violation of its permit if it fails to provide, either in whole or in part, the services otherwise required, without fa_ult_of.pe mittee, if such performance is prevented by any of the following: • A. Acts of God; B. Labor strikes or disputes; C. Intervention of any government body; or, D. Any force reasonably beyond the+control of the operator. (Code 1980, § 8.18.220; Ord. No. 269, § 1(parti;�1985)� ��. Sec. 8.18.230. Penalty for violation on of chapter. It is unlawful for any person, firm, partnership or corporation to violate any provision or to fail to comply with any of th e r of this chapter. An y p erson, firm, partnership or corporation violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine th not exceeding $1,000.00 ouca°a aouarc, or by imprisonment not exceeding six months, or by • both such fine and imprisonment. Each such 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 of the provisions of this chapter is committed, continued or permitted by such, person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this chapter. (Code 1980, § 8.18.230; Ord. No. 269, § 1(part), 1985) Sec. 8.18.240. Civil remedies available. The violation of any of the provisions of this chapter 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 nuisances. (Code 1980, § 8.18.240; Ord. No. 269, § 1(part), 1985) 8.18.250. Sever..btlity The city council declarec that should any provision, section, paragraph, sentence or word of Page 213 of 496• . ., . . .. . . . . . . .. . . . . . . . , .. . . •. . . . . :, . . . .:, CHAPTER 8.19. COMMERCIAL AND INDUSTRIAL REFUSE RECYCLABLES AND GREEN WASTE COLLECTION* *State law reference—Solid waste management and recycling, Government Code § 66799 et seq.; authority of city to acquire garbage disposal sites, Government Code § 38790; city collecting garbage fees may also collect delinquent fees or charges, Government Code § 38790.1; garbage and refuse generally, Public Resources Code § 49000 et seq.; power of city to contract for collection and disposal of garbage and refuse, Public Resources Code § 49300. Sec. 8.19.010. Legislative policy. The city council of the city does find and determine that storage, accumulation, collection and disposal of refuse, tpaoh, rubbio , eeli debris recvclables, green waste and other discarded material is a matter of great public concern, in that improper control of such matters creates a public nuisance, which may lead to air pollution, fire hazards, illegal dumping, insect breeding and rat infestation and other problems affecting the health, welfare and safety of the residents of Rancho Cucamonga aii surrounding cities. The city council • further declares that regulations provided is this -chapter:.a e'de ii ed to eliminate or alleviate . such problems. "a (b) The city council : .. - ... : ' : . - - •:-:: : -' }hereby finds and determines that the City is committed to protecting the public health,'afe,"a° , e is re and environment; that in order to meet these goals it is necessary that the City pr ote the reduction of solid waste and reduce the stream of solid waste going to land fills; that:. California law as embodied in the California Waste Management Act (California P v lic `` .oi s Code Sections40000 et seq.), Rancho Cucamonga is required to prepare, adopt nd imp'ement source reduction and recycling elements to reach reduction goals, and is re, -d if) . , = substantial reductions in the volume of waste materials going to landfill, unde he hreat of penalties of $10,000 per day; that Waste from demolition and construction of buil. s esents a large portion of the volume presently coming from Rancho Cucamonga, ae_,,.th `t m q, of that waste is particularly suitable for recycling; that Rancho Cucamonga' s comma P6nt to he reduction of waste and to compliance with state law requires the establishment of prams for recycling and salvaging construction and demolition materials; the city council recognizes that requiring demolition and construction Waste to be recycled and reused may in some respects add modestly to the cost of demolition and in other respects may make possible some cost recovery and cost reduction; and that it is necessary in order to protect the public health, safety and welfare that the f regulations in this chapter be adopted. (Code 1980, § 8.19.010;Ord. No. 291, § 1(part), 1986; Ord. No. 711, § 1, 8-6-2013) Sec. 8.19.020. Definitions. For the purpose of this chapter, the following words and phrases are defined and shall be construed as hereinafter set out, unless it is apparent from the context that a different meaning was intended: AAnimal waste means manure, fertilizer, or any form of solid excrement produced by any and all forms of domestic animals or commercial livestock. B. "City" mean©the city of Rancho Cucamonga. C. "City clerk" mean©the city clerk of the city. �� n . . Page 214 of 496 BrBulkv item means any large item that requires special handling. including. but not limited to, appliances and furniture. ECommercial or industrial establishment means, for the purposes of this chapter, all commercial and industrial sites, including the f"owing, but not restricted to, retail and wholesale stores, factories, service shops, hospitals, convalescent homes, hotels, motels, restaurants, and office complexes; however, not including: all units considered residential as defined by chapter 8.17 . ' . . _ . . .. . _ . . . . _.. Construction and demolition waste means de minimis amounts of discarded non-water soluble. nonhazardous materials generated from a construction, demolition, landscaping or structural renovation project. including. but not limited to, clean cardboard, paper, plastic. wood, metal scraps, steel, glass. brick, concrete, asphalt material, pipe. gypsum. wallboard, lumber, rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing, landscaping and development operations for construction, demolition, landscaping or structural renovation proiects. „ „ . - . . . . .. ', . . _ . . . . . . . _ -• . - • . .. . .. . - . - - - - . . _ . : . . . .. • . . . .. :, . . . _. . .. • - - v n • . . - E-waste means any electronic product nearing qp e en' of its useful life. including, but not limited to, computers and their componen vi , VCRs. stereos. copiers and fax machines. a—Green waste means tree and shrubbery t '_ vegetation matter resulting from land clearing, grass cuttings, weeds, straw, leAves, ` o' .ips, sawdust and other household garden organic materials and other discarded plait or ye tation material. -- . .. . . .- • . .••. • - .az s waste means - I ! '` :. a waste, or combination of waste, which, because of its quantity, concentration or s :ical, chemical or infectious characteristics, may do either of the following: A.4 Cause, or significantly contribute to. an increase in mortality or an increase in serious irreversible, or incapacitating reversible. illness; B. Pose a substantial present or potential hazard to human health or environment when improperly treated, stored;transported or disposed of. or otherwise managed; The term "hazardous waste" includes, but is not limited to. universal waste and medical waste. State law reference—Definition of hazardous waste, Public Resources Code § 40141. hOccupants means and includes every owner of, and every tenant or person who is in possession of, or has the care and control of, a commercial or industrial establishment. JPermittee means any refuse collector authorized by the city council of the city to collect refuse within the city pursuant to this chapter. &Person, as used in this chapter, means any individual, firm, corporation, association or group or combination acting as a unit. Recvclables means reusable waste materials, including. but not limited to, paper. books, magazines, boxes, wrappers, plastics, metals, glass. packaging. textiles, construction and Page 215 of 496 demolition waste, green waste, byproducts and such materials as listed by the director as recyclables that are to be collected separate from refuse and processed and used as raw materials. Recyclables do not include refuse or hazardous waste. L:Refuse means and includes any and all types of rubbish, trash or other waste material referred to in this chapter putrescible and nonuutrescible solid and semisolid waste, including, but not limited to, garbage. solid waste matter, trash, ashes, industrial wastes, bulky items, animal wastes. vegetable solid and semisolid wastes and combustible and noncombustible wastes. The term "refuse" does not include hazardous or household hazardous waste, E-waste, universal waste, medical waste, sharps. low level radioactive waste, construction demolition waste, recyclables or green waste. 14:Refuse collector means any person or persons, firm, co-partnership, joint venture, association or corporation engaged in the collection, transportation and/or disposal of-solid• e and/or rubbish refuse, recyclables and/or green waste in the city. N. "Rubbish" includes, but is not restricted to, all nonbiodcgradable waste, or debris such as crockery, glass, rubber, metal, plastic, construction material and debris and other similar matePia lbs. • „- P. "Salvage" includes rubbish, from which antic s o value or material of value may be extracted, segregated, removed or developed. R.-Scavenging means the unauthorized collect..y removal, or possession of refuse or recyclables intended for collection by the city, permittee ,authorized recycling agent. 8-Sharps includes, but is not limited to, home-generated hypodermic needles, pen needles, syringes, intravenous needles and lancets: as refuse, rubbish, paper, aches. • �° ` R Streets means the publi. e : and alleys, except state freeways, as the same now or may hereafter exist within t material: '1. Fruit, vegetable and animal matter from kitchens, dining rooms, markets, food or grains; or • .. • 6. Nonrccyclablc glass, paper or metal products. T-Truck means any truck, trailer, semitrailer, conveyance or vehicle used or intended to be used for the purpose of collecting refuse, recyclables or green waste or to haul or transport refuse, recyclables or green waste. Page 216 of 496 VUniversal waste means discarded consumer products containing mercury, lead, cadmium and other substances that are hazardous to human health and the environment, including, but not limited to. batteries and fluorescent tubes. (Code 1980, § 8.19.020; Ord.No. 291, § 1(part), 1986) 1 Sec. 8.19.030. Authority of city council to issue permits for collection and disposal. ' • . . . • . _ . : . . . - _. ' : . _ . • . _.. -, The city council shall have the authority to issue permits for the collection and disposal of refuse, of solid waste recyclables and green waste as provided for in this chapter and may, as a condition for issuing such permits, require a bond from the permittee in an amount determined by the city council to ensure the faithful performance of such collection and disposal service in accordance with this chapter and the terms and conditions imposed by the city council. In the event that any permittee shall fail or refuse to conform to the conditions of the permit or this chapter, the city council, at its option and after a hearing called upon at least ten days' written notice to the permittee, may revoke such permit. In issuing permits for refuse, recyclables and green waste a rubbish collection and disposal, the city council shall not be required to issue the same based upon the offer of lower or lowest rates, but shall be free to issue such permits to the person deemed best suited to comply with the terms of this chapter and such other terms and conditions imposed by the city council. (Code 1980, § 8.19.030; Ord. No. 291, § 1(part), 1986) Sec. 8.19.040. Permits for refuse collection and es hment of collection fees. The city council does determine that the disposal d/o ;collection of refuse, sl -rush or other solid waste is a service to be performed in!the city n accordance with the provisions of this chapter. The city may from time to time issue permits to those parties meeting the criteria of this chapter and such other standards as may; e established by resolution of the city council regarding the collection of refuse, from commercial and industrial establishments, provided that no ra;.th such permits may be exercised or outstanding simultaneously. So long as any s •'rmit remains in force, collection of material provided for herein may be made only in, o , c--' ith the terms and conditions hereof. Such fees and charges for such collection, r.•s ov - an `a isposal services shall be those which the city council may from time to time hereafter . rove by resolution. No person shall engage in the business of collecting, removing or disposingAf.any refuse, trap'', rubbish or other „ra wa to within the city from any commercial or industrial establishment, nor transport the same over any public streets or rights-of-way, unless a permit to do so has first been obtained from the city council and such person complies with the provisions of this chapter and any other regulations which have been adopted pursuant to this chapter. (Code 1980, § 8.19.040;Ord. No. 291, § 1(part), 1986; Ord. No. 291-A, § 1, 1987) Sec. 8.19.050. Unlawful collection. It is unlawful and a misdemeanor for any person to collect or transport commercial or industrial refuse within the city unless such person is a permittee as herein defined or is exempted as outlined in subsections A, B, C, or D of this section; and it is unlawful for any person to permit, allow or enter into any agreement whatsoever for the collection or transportation of refuse from any commercial or industrial establishment with any person who is not a permittee as herein defined except as permitted in subsections A, B, C, or D of this section. A. The collection and removal of green waste by property owners or doing businesses, including, but not limited to. as-professional landscapers, weed abatement contractors or arborists, when the collection is directly related to their work, shall be exempt from the refuse permit system. • Page 217 of 496 B. A permittee shall not be required to collect hazardous waste as part of its regular collection activity. Hazardous waste ,•. . . .. . . . :, y . .. . . . -, . . - . :, _• . :, : : : :•::'. : _ . ._.: -: ;hall not be deposited in collection covers-receptacles. C. Infectious Medical waste (as defined in _. • . .. . - . . . . . _. . _: -. ,- the Medical Waste Management Act, Health and Safety Code k 117600 et seq., as amended from time to time, or any successor provision thereto) shall not be collected by a permittee. Anyone producing sueh medical wastes shall store, handle and dispose of such materials only in the manner approved by the county health officer or designated deputy and in accordance with the California Health and Safety Code. D. The collection and removal of recyclable •. . • : , • . : :, : . . . - :, : - • . • . . . - :, . - . . .. . :, from a commercial or industrial establishment that are separated either for reuse, for disposal at recycling facilities, or for the manufacture of new products shall be exempt from the refuse permit system. (Code 1980, § 8.19.050; Ord. No. 291, § 1(part), 1986) Sec. 8.19.051. Unlawful collection containers receptacles. A. Subject to the authorizations and exceptions under :ectio 8.19.050, it shall be unlawful for any person to place or leave standing a container re,-- •r.vided b a a ermittee on any public or private property within the city for the p ,,s,o:•.- of colle'tion and disposal of garbage, refuse,solid waster or—rubbish. Collection eentainers rec. . :ties unlawfully placed within the city are considered a public nuisance and shall be subje a•.a„,al pursuant to the process identified below and enforcement as stipulated in section 1 2.030. B. The city manager may cause the,po a otice to remove, as described below, in a conspicuous place on any collection Alley c es placed on any public or private property within the city in violation of this section notice to remove posted pursuant to the provisions of this section shall specify the natur-. .<k,. h • at on and shall state that the collection Viers receptacles must be removed wit.,1,, 2,1 • • . . . : . hours or it may be removed and stored by the city, and the contents disposed e_ a= _.e =`"•ense of the solid waste eontainer s receptacle's owner thereof. The posting of a n�,�{ce t. re..at►ve shall constitute constructive notice to the owner and user of the requirement to ren .- the collection der receptacle. C. If the collection -: : : . : 'receptacles are not removed within 24 twenty rhours after the notice to remove is posted, the city manager may direct the removal and storage of the collection container receptacle and the disposal of its contents. The owner of the collection eontaincr receptacle shall be liable to reimburse the city for the actual costs of removal and storage of the collection der receptacle, for disposal of its contents, for•the cost of posting the notice, and for any administrative fees that would be owed to the city. All amounts due the city must be paid before the collection der receptacle may be returned to the owner. Such amounts shall constitute a civil debt owed by the owner of the collection der receptacle to the city, and the owner shall be liable for any legal costs and fees resulting from any action brought by the city for the recovery of such amounts. Failure to respond to the notice to remove is a misdemeanor and punishable by fine and/or imprisonment as identified in section 1.12.030. of the Rancho D. After the city has removed a collection container receptacle, the city manager shall promptly cause notice to be mailed by certified mail to the owner to claim the stored property. If the collection cover receptacle is not claimed and all due fees and costs paid within 15 fifteen days after certified notification to the owner, the collection container receptacle and its contents shall be deemed abandoned property and may be disposed of accordingly. If the contents of the collection per receptacle include the presence of biodegradable wastes, hazardous Page 218 of 496 constituents, or other environmental or sanitary threats, the city manager may order the immediate appropriate disposition of the contents so as to protect the public's health and safety, and the eentainer receptacle's owner shall be liable for the costs and fees of disposal. If the owner of the unlawfully placed eentainer receptacle is unknown and no party responds to the notice to remove, the city manager shall deem the eentainer receptacle and its contents as abandoned property and dispose of it accordingly. E. After a collection eentainer receptacle has once been removed by the city pursuant to a notice to remove, the owner thereof shall be deemed to have actual notice of the provisions of this section, including the prohibition of placement of collection eentainers-receptacles by any person other than those authorized or exempted under this section. In the event of a subsequent placement of a collection eentainer receptacle owned by the same owner, the city manager may immediately, without the posting of the notice of removal, direct the removal and storage of the unlawfully placed collection container receptacle and shall, in such case, give notice to the owner to claim the collection eentainer receptacle. (Code 1980, §8.19.051; Ord. No. 712, § 1, 2003) Sec. 8.19.055. Scavenging prohibited. A. It shall be unlawful for any person other than `city permitted refuse collector or authorized recycling agent to remove or otherwise handle_ refuse or recyclables contained in any refuse or recycling receptacle that hag'teen lac d curbside or elsewhere, for collection by a city-permitted refuse collector or aut =;, „.;81 re c ing agent, without the prior written consent of the refuse collector or authorize. = c Ii agent, or the property owner, tenant or agent thereof having exclusive use of such ecep e. t,nauthorized removal of recyclables materials for the purpose of recycling, from cling receptacles that have been placed for collection by an authorized recycling age t city residential recycling program, is a violation of California Public Resources C de § 4 0. B. Any person violating any .rovi of 's section shall be guilty of an infraction. In addition, the violation of any of t pr.-, isio this section shall constitute a nuisance and may be abated by the city through 8 ' ,ss by means of restraining order, preliminary or permanent injunction or i I No of manner provided by law for the abatement of such nuisances. (Code 1980, § 8.19.055;Ord. No. 80', , 2-18-2009) Sec. 8.19.060. Collection in emergencies. In emergencies, such as the breakdown of equipment, or other unforeseen or unpreventable circumstances, where, in the judgment of the city manager or designee, the particular situation justifies such action, the city manager or designee may issue limited or temporary permits to private persons or corporations to perform any of the services regulated by this chapter, subject to such reasonable fees, charges and conditions as the circumstances may warrant and as the parties involved may agree upon; provided that such fees and charges received from or paid to any private persons or corporations under this section for any period exceeding 15 days' duration shall be approved by the city council. (Code 1980, § 8.19.060; Ord. No. 291, § 1(part), 1986) Sec. 8.19.070. Hours of collection. A permittee shall not collect refuse. recyclables or green waste at a commercial or industrial location-establishment less than 500 feet from a residential area between the hours of 6 p.m. and 6 a.m. the following day.All other refuse recyclable or green waste oish collections may take place at any time, unless limited by the city manager. Page 219 of 496 (Code 1980, § 8.19.070;Ord. No. 291, § 1(part), 1986) Sec. 8.19.080. Refuse collection spillage. Permittees shall exercise all reasonable care and diligence in collecting refuse, recyclables or green waste so as to prevent spilling, scattering or dropping refuse, recvclables or green waste, and shall immediately, at the time of occurrence, clean up any such spillage. (Code 1980, § 8.19.080;Ord. No.291, § 1(part), 1986) Sec. 8.19.090. Refuse. recvclables or green waste receptacles. A. Receptacles are to be approved by the city. B. Receptacles shall be new or reconditioned—metal, heavy duty, neatly constructed and painted, leak-resistant; metal receptacles with flush-fitting hinged lids or heavy-gauge plastic, leak-resistant receptacles with flush-fitting hinged lids; , eighty .ewes while being loaded C. Permittee shall maintain all receptacles furnished in good mechanical and sanitary condition which shall include periodic cleaning to provide and maintain a high degree of sanitation. D. Receptacles shall be constantly maintained itt, :.• i o er, completely replaced if • unsightly or damaged and shall be completely refurbis b• pernOt ee as necessity dictates, or as directed by the city manager or designee. E. It shall be the duty of every owner. nan le `e or occupant of a commercial or industrial establishment to deposit refuse. r cyclable and green waste in the receptacles designated for refuse, recvclables and greenAvaste colle ion provided by the permittee. All refuse, recvclables and green waste accumulate4 between collection days shall be contained and stored within the designated receptacles with We lid closed to prevent leakage prior to collection. Each owner, tenant, lessee or occupant shall keep the'exterior of all designated receptacles, including lids, clean from accumulated grease or decomposing materials and shall keep the storage area for all designated receptacles clea• and clear of'loose materials or bulky items. (Code 1980, § 8.19.090; Ord. N.. •1, 1(pa), 1986) Sec. 8.19.100. Placement of re• 'tacles for collection. A. Receptacles shall be kept in enclosures as approved by the city. B. Receptacles shall be placed no further than ten feet from the curbline of a public street, or, if there is no such curb, no further than ten feet from the paved portion of the public street; in the event the receptacle is to be collected from a public alley, the receptacle shall be placed within ten feet of the edge of the right-of-way of said alley. C. In no case shall any receptacle be placed within the public right-of-way, or any place that would create a hazardous situation as deemed by the city manager or designee. (Code 1980, § 8.19.100; Ord. No. 291, § 1(part), 1986) Sec. 8.19.110. Refuse removal. All refuse created, produced or accumulated in or about a commercial or industrial establishment in the city shall be removed from the premises at least once each week. It is unlawful and a misdemeanor for the occupant/owner of any of the above-described premises to fail or neglect to provide for the removal of refuse at least as often as prescribed in section 8.19.130. Each day's violation of this section shall be treated and considered as a separate and distinct offense. Page 220 of 496 (Code 1980, § 8.19.110;Ord. No. 291, § 1(part), 1986) Sec. 8.19.120. Refuse, recyclables and green waste disposal. Permittee shall dispose of collected recyclables and green wastes, at permittee's expense, at a city-directed landfill or transfer station in a manner satisfactory to the city and in accordance with all state and local laws and regulations. (Code 1980, § 8.19.120; Ord. No. 291, § 1(part), 1986) Sec. 8.19.130. Special provisions regarding method of disposal. A. The removal of wearing apparel, bedding or other refuse from commercial or industrial establishments (as defined in section 8.17.020L) or other places where highly infectious or contagious diseases have been present shall be performed under the supervision and direction of the county health officer and such refuse shall not neither be placed in receptacles nor left for regular collection and disposal. B. Highly flammable or explosive or radioactive refuse shall not be placed in receptacles for regular collection and disposal, but shall be removed under the supervision of the city and/or the fire district agency providing fire protection service within the city at the expense of the owner or possessor of the material. C. Refuse and recyclables or other solid waste co a r or other liquids shall be drained before being placed in a der or receptacl aitter w is subject to decomposition shall be wrapped in paper or other material before be' laded inTcontainer or receptacle. D.&It shall be unlawful and a misdemeano ''),o an person to violate any provisions of this section. (Code 1980, § 8.19.130; Ord. No. 291, § 1 'art), 86) Sec. 8.19.140. Hazardous avast;-::10 • -. . . .. .. . . •- - . . . . . .. . _ . • • . - . . . .• _ ••- - s--A. No owner, tenant, lessee or occupant of a commercial or industrial establishment shall Customers are required not to place any hazardous material waste in any container receptacle serviced by contractor the permittee. In the event that an customer owner, tenant. lessee or occupant of a commercial or industrial establishment places any hazardous material waste in a container receptacle serviced by cent-meter the permittee, the permittee will not be required to either collect the material in the container receptacle or separate out the material before processing the entire container receptacle. The permittee shall, in the event that it inadvertently removes any hazardous-material waste from customer's, owner's, tenant's, lessee's or occupant's container receptacle, return said material to the customer, owner, tenant, lessee or occupant upon discovery of said material. The permittee shall notify customers, owners, tenants, lessees or occupants of any hazardous m waste found in containers receptacles by placing a tag on the receptacle. Permittee shall keep a daily log with the address of each customer, owner, tenant, lessee or occupant whose container receptacle was not serviced and will provide a copy of said the log to the city on a monthly basis. Page 221 of 496 BG. It shall be unlawful and a misdemeanor for any person to violate any provision of this section. (Code 1980, § 8.19.140; Ord. No. 291, § 1(part), 1986) Sec. 8.19.150. Burning, burial or dumping. It is unlawful and a misdemeanor for any person to burn, bury or dump refuse. recyclables or green waste within the city at any time, unless a special permit for such burning, burial or dumping has been issued pursuant to authority conferred by the city council, and/or the ageney • : . . . . - - • •• fire district. (Code 1980, § 8.19.150; Ord.No. 291, § 1(part), 1986) Sec. 8.19.160. Duration of storage. It is unlawful and a misdemeanor for any person to store or accumulate any refuse, risk-er n commercial or industrial premises in any container receptacle or at any•location other than as hereinabove set forth, or f o r . . • - . . .. . . - • . . . . . a period of time in excess of seven days. except in the case of restaurants, food processing, any other food handling establishments where service shall be at least twice every seven days. If a holiday occurs during any period specified by this section, the period a.: :' be extended one additional day.• .- - ,x`4'0: l". . . • . . - ene-additienal-day, (Code 1980, § 8.19.160;Ord. No. 291, ), . o Sec. 8.19.170. Use of trucks.''' Any person who desire`�t ope rate rivately owned refuse, trash, or rubbioh vehicles under provisions of this chapter shal •�ovide their vehicles are watertight and are provided with a tight cover. The city manager or designee shall require the permittee to remove from service or repair those vehicles that allow or permit offensive odors to escape and/or refuse to be blown, dropped or spilled therefrom. (Code 1980, § 8.19.170; Ord. No. 291, § 1(part), 1986) Sec. 8.19.180. No parking of refuse trucks on any city street. A. No person, between the hours of 6:00 p.m. and 6:00 a.m., shall leave a refuse truck parked on any city street. B. No person, between the hours of 6:00 a.m. and 6:00 p.m., shall leave a refuse truck parked on any city street for more than one hour unless city manager or designee is notified that a breakdown or emergency exists. (Code 1980, § 8.19.180;Ord. No. 291, § 1(part), 1986) Sec. 8.19.190. Equipment required. Each truck of a permittee shall at all times have in the cab the registration of the truck, a certificate of insurance and an identification card with the name of whom to telephone in case of Page 222 of 496 an accident or emergency. Each truck shall also be equipped with a five-pound fire extinguisher certified by the hernia-state fire marshal and annually recharged. (Code 1980, § 8.19.190; Ord. No. 291, § 1(part), 1986) Sec. 8.19.200. Specifications and restrictions on collection trucks. All trucks used for refuse, recvclables and green waste collection within the city shall be required: A. To be completely enclosed with a rigid, non-absorbent cover while transporting refuse, trash or rubbish recyclables and green waste in or through the city. The term "completely enclosed within a nonabsorbent cover" means that refuse, recyclables and green waste shall be not visible from the street nor shall any of the substances be permitted to leak, spill or become deposited along the public streets. B. All trucks used in the course of refuse,er-rubhish recvclables and green waste collection shall be painted colors approved by the city manager or designee and identified by truck numerals, a company logo, and local telephone number. Those trucks shall be kept clean and in good repair at all times. (Code 1980, § 8.19.200; Ord. No. 291, § 1(part), 1986) Sec. 8.19.210. Truck inspection. • A Each of any permittee's trucks shall be made ay._abl, for-'.' :section at the discretion of the city manager or designee at any point of operation. • ! - • . (Code 1980, § 8.19.210; Ord. No. 291, § 1(part) - Sec. 8.19.220. Permittee's local teleph o.:,a nu u ber. Each permittee must maintai'`' a • a s one number which shall be staffed for personal contact between 8:00 a.m. and 5:010< Iv, el a rmal working days, and at all other times with some type of mechanism for the pu ' a o ' : . 'ng messages. (Code 1980, § 8.19.220; Ord. No. '• 1(pa ), 1986) Sec. 8.19.230. Commercial an ndustrial refuse, recyclables and green waste collection area. For the purpose of this chapter, all territory within the city boundaries which qualify as commercial or industrial establishments shall be considered to be within a nonexclusive service area. • (Code 1980, § 8.19.230; Ord. No. 291, § 1(part), 1986) Sec. 8.19.240. Permittee's employees. Each permittee must provide high quality service by industry standards and supply competent, qualified, identifiable and uniformed personnel who serve the residents of the city in a courteous, helpful and impartial manner. A. The city may, at its option, require fingerprinting of the permittee's employees whose service will cause them to enter onto or work in close proximity to private property. B. The permittee shall be required to hire employees without regard to race, religion, color, national origin, sex, political affiliation, or any other nonmerit factor. Page 223 of 496 C. Any employee driving permittee's refuse trucks shall at all times have in his or her possession a valid and appropriate vehicle operator's license issued by the state. of D. The permittee's employees shall be require to wear clean identifiable uniforms when engaged in refuse collection service within the city. (Code 1980, § 8.19.240; Ord. No. 291, § 1(part), 1986) Sec. 8.19.250. Permit prerequisites for removal of refuse. rooyolable° ^„a ^�rco waste A. Procedure and required information. A permittee must file a letter with the city manager or designee containing the following information: 1. Name and description of the permittee; 2. Permanent business address and address of local office of the permittee; 3. Trade and firm name; 4. If a joint venture or a partnership or limited partnership, the names of all partners, or corporation and the names of the officers and their percentage of participation and their permanent addresses; 5. Facts indicating that the permittee has arranged fo isposal in an area where the same may be legally accepted and disposed as -cte• .y ci 6. Facts indicating that permittee is qualified to • •r effi ent refuse collection service; 7. Facts indicating that trucks and equip to all applicable provisions of this chapter; 8. Satisfactory evidence that permitt • - in existence as a going concern for in excess of five years and possess not than five years actual operating experience as a going concern in commercial r se cull ction and disposal; 9. Satisfactory evidence pe tee's experience as a going concern in commercial/industrial re .7-1'- -- 11ection and disposal derives from operations of comparable size to on •lated by this permittee. Details shall include length of other contracts, na d siz- of municipality, nature of service provided, and the name of the contact person a. e municipality being served; 10. Evidence that permittee s in good standing in the state and in the case of a corporation organized under the laws of any other state, evidence that permittee is licensed to do business in the state; 11. A •detailed inventory of the permittee's equipment • available for collection from commercial and industrial establishments; 12. A written statement from the county, that permittee either has or the county will issue at a minimum a Class D permit for the collection and disposal of solid waste within the city limits and shall be attached to said letter; 13. Such other pertinent facts or information as the city manager may require. B. Fees and requirements for permit. 1. Upon consideration of information contained in abovementioned letter and following a public hearing conducted by the city council upon at least ten days' prior written notice to the applicant, the city council may issue a permit. 2. Each permit granted shall apply to commercial and industrial refuse collection for the city specified therein. Page 224 of 496 3. A fee for processing permit applications shall be set by resolution of the city council with review on an annual basis. C. Bonding of permittee. Before granting a permit under the provisions of this chapter, the city council shall require the permittee, as a condition to the permit, to post with the city clerk a • cash bond or surety bond in an amount determined by the city council and furnished by a corporate surety authorized to do business in the state, payable to the city. The bond shall be conditioned upon the full and faithful performance by the permittee of obligations under the applicable provisions of this chapter and shall be kept in full force and effect by the permittee throughout the life of the permit and all renewals thereof. D. Indemnification by permittee. As a condition of the city issuing a permit, permittee shall agree to appear and defend all actions against the city arising out of the exercise of said permit, and shall indemnify and save the city, its officials, elected officials, employees and agents harmless from all claims, demands, actions, or causes of actions of every kind and description and any and all related attorneys' fees and court costs resulting directly or indirectly, arising out of, or in any way connected with the exercise of the permit, including, but not by way of limitation, any act or omission of any officer, employee or agent of permittee. E. Liability insurance. The permittee shall obtain and keep in force during the term of the permit public liability and bodily injury insurance in amounts determined by the city council and workers' compensation insurance covering all employees df the-p re mhittee. Copies of such policies, or certificates evidencing such policies, shall be filed withthe,city,clerk prior to the commencement of activities authorized by the permit. The city and its officers,elected officials, employees and agents shall be named as additional insureds on all us ch,policies. All such policies shall contain at a minimum a provision requiring a 90-day notice to be given to the city prior to cancellation, modification or reduction of limits. The amounts\of,public liability insurance for bodily injury and -�/ property damage shall be subject to review and adjustment by the city council. F. Compliance with local and scat.Calif yu.ia lams and regulations. The permittee must agree to perform the terms of the permit in such:a manner so as to comply with all applicable local and state laws and regulations pe•tarriing to the collection, storage and transportation of solid �\ yw. � waste. The permittee shall also comply with all other ordinances and regulations of the city and applicable laws and regulations of the county and state, and shall obtain and keep in force all required permits and business licenses throughout the life of the permit and all renewals thereof. (Code 1980, § 8.19.250; Ord. No. 291§1(part), 1986) Sec. 8.19.260. Permit provisions. • A. Fees. Any permit issued pursuant to this chapter shall provide for the payment of permit fees to the city, shall contain additional provisions agreed to by and between the city and shall constitute a written agreement of said parties. B. Assignment or transfer of permit. No assignment or transfer of a permit pursuant to this chapter or any right accruing under such permit shall be made in whole or in part by the permittee without the express consent of the city council. In the event any assignment or transfer is authorized by the city council, the assignee shall assume the liability and all other obligations of the permittee. C. Revocation. 1. A permit may be revoked by the city council in the event there is a change of ownership of any kind or nature of the operating company unless approval therefor has been obtained in writing from the city council. 2. If it is determined by the city manager or designee that permittee has not complied with the provisions of this chapter, the permit, and all other applicable statutes, ordinances, Page 225 of 496 rules and regulations, the city manager or designee shall notify the permittee in writing of noncompliance and shall order compliance within 30 days. 3. If noncompliance is not corrected within the above-prescribed 30-day period, the city council, following a public hearing upon at least ten days'written notice to the permittee, may terminate the permit. (Code 1980, § 8.19.260; Ord. No. 291, § 1(part), 1986) • - ..• . . . . . ! . • .. . . . • . . .. . . . . • . . . Sec. 8.19.2870. Mandatory payment for collection se •c - "tions. . A. Except as otherwise provided in this chap ea ow eror person in control of each commercial or industrial establishment shall utilize the ices of a permittee for the collection of refuse from the premises of such establishment, n collection fees to the permittee as set by the permittee and authorized by resol ion of e city council. The obligation of each occupant to pay such refuse collection fee sh:.. . #e ivil debt due and owing to the permittee, from the occupant to whom the collection servic-s ar- ,,a vailable. A failure to make timely payment constitutes a violation of this chapter. . revisi• s in collection fees sought to be imposed by a permittee must be submitted to the c.. ::scil r review and must be approved by resolution of the city council following a publi Ilip- g upon no less than ten days' prior written notice to the permittee. B. Lien authorized. C .114r for se collection services furnished on behalf of the city by a permittee that remain .., a it for a period of at least 60 si days shall constitute a lien against the parcel of land for ' 1 ich the refuse collection services were provided. Procedures governing imposition of the liens all be as set forth in section 8.17.280B, of chapter 8.17 of thio Cede,or any successor provision thereto. C. Notwithstanding any other provision of this chapter, nothing herein shall prevent any occupant from regularly collecting and disposing of refuse generated in or on the occupant's premises, as an alternative to receiving and paying for refuse collection services from a permittee; provided, however, that such occupant shall comply with all other provisions of this chapter applicable to occupants. No occupant shall employ or engage any solid waste enterprise, other than a permittee, to haul or transport refuse from the occupant's premises. Any occupant desiring to collect and dispose of refuse generated in or on his or her premises ("self-haul"), must first obtain a self-haul permit from the city, and pay the self-haul permit fee in an amount established by resolution of the city council. Each occupant issued a self-haul permit must dispose of refuse at the occupant's expense, at a city-directed landfill or transfer station, or such other landfill, transfer station or processing facility meeting all applicable regulatory requirements. Each occupant issued a self-haul permit shall, every six months, file with the city manager or designee a report detailing the quantity and nature of all refuse, including recyclables, removed from the occupant's premises. The report shall be delivered to the city manager or designee on or before January let and July let of each year for the immediately preceding six-month period. The report shall identify the waste Page 226 of 496 •disposal facility utilized by the occupant and shall include copies of all receipts evidencing disposal, issued by such disposal facility during the six-month period. D. The provisions of subsection 8.10.280.A of this section shall not apply to any owner, tenant, or person having lawful possession of a commercial or industrial establishment, who provides evidence satisfactory to the city manager or designee that such commercial or industrial establishment has not been occupied by any person for 60 sixty or more consecutive days, for the period of time the property is unoccupied. (Code 1980, § 8.19.280; Ord. No. 838, § 3, 4-6-2011) Editors Note: Ord. No. 838, § 1, adopted April 6, 2011, repealed § 8.19.280, in its entirety. Section 2, of said ordinance, enacted new provisions to r ad as herein set out. Prior to this amendment, § 8.19. 80 pertained to charges for service. See Ordinance Disposition List for derivation. Sec. 8.19.290. Construction and demolition waste. A. For purposes of this section, the following definitions apply: 1. The term "contractor" means any person or entity holding, or required to hold, a contractor's license of any type under the laws of the state, of California, or who performs • (whether as contractor, subcontractor or owner-builder) any construction, demolition, remodeling, or landscaping service relating to build�gs_or accessory structures in the city, • n....,.h,. G................. 2. The term "construction" means all building, landscapiemodeling, addition, removal or •destruction involving the use or disposal�of- Designated Recyclable and Reusable Materials as defined in paragraph D be1 3. The terms "demolition and construction`aste" means: • a. Discarded materials generally considered'to be not water soluble and non-hazardous in nature, including but not\limited'to steel, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard, and,lumber from the construction or destruction of a .00 t structure as part ofta`onst`uctron or demolition project or from the renovation of a structure and/or 1andscaprng7and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing, landscaping and development operations for a construction project. b. Clean cardboard, paper, plastic, wood, and metal scraps from any construction and/or landscape project. c. De-minimis amounts of other nonhazardous wastes that are generated at construction or demolition projects, provided such amounts are consistent with best • management practices of the industry. 4. The term "designated recyclable and reusable materials" means: a. Masonry building materials including all products generally used in construction including, but not limited to asphalt, concrete, rock, stone and brick. b. Wood materials including any and all dimensional lumber, fencing or construction wood that is not chemically treated, creosoted, CCA pressure treated, contaminated or painted. c. Vegetative materials including trees, tree parts, shrubs, stumps, logs, brush or any other type of plants that are cleared from a site for construction or other use. d. Metals including all metal scrap such as, but not limited to, pipes, siding, window frames, doorframes and fences. Page 227 of 496 e. Roofing materials including wood shingles as well as asphalt, stone and slate based roofing material. f. Salvageable materials includes all salvageable materials and structures including, but not limited to wallboard, doors, windows, fixtures, toilets, sinks, bath tubs and appliances. B. Every structure planned for demolition shall be made available for deconstruction, salvage and recovery prior to demolition. It shall be the responsibility of the owner, the general contractor and all subcontractors to recover the maximum feasible amount of salvageable designated recyclable and reusable materials prior to demolition. Recovered and salvaged designated recyclable and reusable materials from the deconstruction phase shall qualify to be counted in meeting the diversion requirements of this chapter. Recovered or salvaged materials may be given or sold on the premises, or may be removed to reuse warehouse facilities for storage or sale. C. At least the following specified percentages of the waste tonnage of demolition and construction Waste generated from every demolition, remodeling and construction project shall be diverted from going to land fill by using recycling, reuse and diversion programs: 1. Demolition: Fifty to Se five nt 50 44-to 7 t of waste tonnage including concrete and asphalt, and 15 percent , • was tonnage excluding concrete and asphalt. le NV 2. Reroofing of homes with shingles or sh: _ •arate project: Fifty te a venty five percent-50%tQ 75%percent of waste to age. 3. Construction and remodeling: .- .. - . - • . 50% to 75% percent of waste tonnage. Separate calculations and reports will • equi•-d for the demolition and for the construction portion of projects involving both d-.1' io d onstruction. D. Every applicant shall sub.,. ,perly completed "Form CD-1 Waste Management and Recycling Plan" to the Engi • i es Department "! •• • •• • . • . . - . • - . . " - -rs. .. . . . as a p 'on of the building or demolition permit process. The-ferfa-sliall iL demolition-permit: E. As a condition precedent to issuance of any permit for a building or a demolition permit that involves the production of solid waste that may be delivered to a landfill, the applicant shall post a cash deposit in accordance with the scale section 3, but not less than $5,000.00. All residential single family homes up to four 4-units are exempt. The deposit or cash bond shall be returned, without interest, in total or in proportion, upon proof to the satisfaction of engineering services department director/city engineer or that person's designee, the building effieial, that no less than the required percentages or proven proportion of those percentages of the tons of waste generated by the demolition and/or construction project have been diverted from landfills and have been recycled or reused. If a lesser percentage of tons or cubic yards than required is diverted, a proportionate share of the deposit will be returned. The deposit shall be forfeited entirely or to the extent that there is a failure to comply with the requirements of this chapter. Page 228 of 496 F. As a condition precedent to issuance of any permit for a building or a demolition permit that involves the production of solid waste that may be delivered to a landfill, the applicant shall pay to the city a cash fee sufficient to compensate the city for all expenses incurred in administering the permit. The amount of this fee shall be determined in accordance with the current resolution of the city council determining the same. G. Within of 60 days following the completion of the demolition project, and again within en -60 days following the completion of the construction project, the contractor shall, as a condition precedent to final inspection and to issuance of any certificate of occupancy, submit documentation to the engineering services big-department, which proves compliance with the requirements of section 8.19.040. 18.19.040. The documentation shall consist of a completed "Form CD-2 Recycling and Reuse Summary Report" and information of "Recycling and -Watt„ Reductie Form" ohowing actual data of tonnage of materials recycled and diverted, supported by originals or certified photocopies of receipts and weight tags or other records of measurement from recycling companies, deconstruction contractors and/or landfill and disposal companies. Receipts and weight tags will be used to verify whether materials generated from the site have been or are to be recycled, reused, salvaged or otherwise disposed of. If a project involves both demolition and construction, the report and documentation for the demolition project must be submitted and approved by the building and safety department before is u` nce of a building permit for the construction project. In the alternative, the permitee may su etter stating that no waste or recyclable materials were generated from project, in which h'case this tatement shall be subject to verification by the engineering services building dep ment. _.A* deposit posted pursuant to subsection E of this section shall be forfeited if the,_ e e does not meet the timely reporting ft.a ., requirements of this section. r'a ;.:.. H. Each violation of the provisions of this apter shall constitute a public nuisance and be subject to abatement as such, pursuant to • - - s of chapter 8.20 of thin Code. The costs of abatement of any such nuisance shall be lien u• s the property involved. (Ord. No. 711, § 2, 8-6-2003) �' Sec. 8-19-300. Construction and' ..demolition waste clearance; diversion deposit; exemptions. A. Except as otherwis ified m this chapter, on July 1, 2002, each person who applies for a building permit pu ant to chapter 17.010 of this Code shall complete a "Form CD-1 Waste Management and Recyclin Ian" : - . . . • : : ' •. . . . • •. document to be issued by the engineering services department d g-ofreial. On or after July 1, 2002, no building permit shall be issued unless the applicant submits the clearance document issued by the engineering services department.biding vial. B. Except as otherwise specified in this chapter, Part, on or after July 1, 2002, each person who applies for a building permit pursuant to chapter 17.010 of this Code shall remit a diversion deposit in the amount set forth by resolution of the city council. The diversion deposit shall be remitted at the same time the permit application is filed. C. Neither a construction and demolition waste clearance document nor a diversion deposit shall be required for the following: La, All residential single-family homes up to four 4-units. 2.13, All construction projects of less than $100,000.00 in value. 3.e- Roofing projects that do not include tear-off of existing roof. • 4.4 Work for which only a plumbing permit, only -an electrical or mechanical permit is required. Page 229 of 496 D. Deposits as prescribed on a square footage basis: Square Footage Total Deposit Valuation 1,000 - 9,999 $5,000.00 >$100,000.00 10,000 - 19,999 $10,000.00 >$100,000.00 >20,000 $15,000.00 >$100,000.00 (Ord. No. 711, § 3, 8-6-2003) Sec. 8.19.310. Authority of building official to issue refunds of diversion deposits. A. The engineering service department director/city engineer building o vial may authorize the refund of any diversion deposit, which was erroneously pair ,r collected. B. The en!'neerin! service de.artment director/cit • ' .i .' . • may authorize the refund of any diversion deposit when the building pe a+ s Ica■‘on is withdrawn or cancelled before any work has begun. C. The engineering service department dire .. . -- : .. _ : may authorize the refund of a diversion deposit when at least 50 -percent° . !°, t waste generated by the project was diverted from landfill disposal. D. The engineering service depart nt v engineer b"'' fieial-may authorize a partial refund of a diversion deposit wh less t .n 50 fifty-percent 449%) by weight of the waste generated by the project was divert• . and; disposal. The partial refund shall not exceed that portion of the diversion was . :a _ to fifty-percent {40-%)-by weight of the total waste generated. -- - E. The engineering . des s`- went director/city engineer 1344ilding-effieial-shall ll not authorize the refund of any d sion deposit, or any portion thereof, unless the original building permit applicant files a written :~e est for refund and provides documentation satisfactory to the building official in support of the request. • (Ord. No. 711, § 4, 8-6-2003) Sec. 8.19.320. Definition; waste diversion methods. A. For the purpose of this chapter, part, the term "diverted" or "diversion" means a reduction of the amount of waste being disposed in landfills by any of the following methods: 1.1, Use of new construction method, as described in regulations promulgated by the engineering services department director/city engineer, building of ial, that reduce the amount of waste generated. 2.Q. On-site re-use of waste. 3.D. Delivery of the waste from the site to a certified recycling facility described in section 8.19.330.Seetien-6, 4.1, Other methods as approved in regulations promulgated by the engineering services department director/city engineer.building-offete Page 230 of 496 B. All of the waste diversion methods which may qualify for a refund of a diversion deposit are subject to restrictions and documentation requirements set forth in regulations promulgated by the engineering services department director/city engineer. building o vial. (Ord. No. 711, §5, 8-6-2003) Sec. 8.19.330. Definition; recycling facility certification requirements; list of certified facilities. A. For the purpose of this chapter, part, the term a-"certified recycling facility" means a recycling, composting, materials recovery or reuse facility for which the state of Ca'- has issued a certification pursuant to regulations promulgated by the engineering services department director/city engineer or designee. B. The building official shall issue a certification only if the owner or operator of the facility submits documentation satisfactory to the engineering services department director/city engineer or designee: 1. That the facility has obtained all applicable federal, state, and local permits, and is in full compliance with all applicable regulations; and 2. The percentage of incoming waste from €ei"m con: ction, demolition, and alteration activities that is diverted from landfill disposal meets the re • - inimum percentage set forth in regulations promulgated by the engineering servi = de artm it director/city engineer or designee. (Ord. No. 711, §6, 8-6-2003) Sec. 8.19.330. Moneys received by the ity a: iversion deposits shall be used only for: A. Payment of diversion deposit e s; `' B. Costs of administration ' ; he rogram established by this chapter;pal; C. Cost of programs ' . '`-,Lose is to divert from landfill disposal the waste from construction, demolition and :I er,tion ojects; and D. Costs of programs wile:: •urpose is to develop or improve the infrastructure needed to divert from landfill disposal the w.-te from construction, demolition and alteration projects. (Ord. No. 711, § 7, 8-6-2003) • • 8.19.290. eeverRb ity • :, • . _ . . . ... - - . . _. .. . . . . , . . • . . . - - - - . . • - - - - ., • . . . _, . CHAPTER 8.20. ENVIRONMENTAL HEALTH CODE* *State law reference—Environmental Quality Act, Public Resources Code§ 2100 et seq. Page 231 of 496 Sec. 8.20.010. Adoption of San Bernardino Environmental Health Code. The San Bernardino County Code § 33.0101 et seq., the Environmental Health Ordinance No. 3105, as amended, of the board of supervisors of the County of San Bernardino, is adopted as the environmental health code of the city, together with the amendments, additions, deletions and exceptions set forth in this chapter. (Code 1980, § 8.20.010; Ord. No. 317, § 2(part), 1987) Sec. 8.20.020. Amendments to San Bernardino County Environmental Health Code. Article 1 of Chapter 8 of Division 3 San Bernardino County Code § 33.0801 et seq., pertaining to refuse storage, Article 2 of Chapter 8 of Division 3 San Bernardino County Code § 33.0820 et seq., pertaining to refuse collection, and Article 1 of Chapter 10 of Division 3 San Bernardino County Code § 33.1001 et seq., pertaining to regulations of buildings used for human habitation, as set forth in the county of San Bernardino Environmental Health Code adopted by the board of supervisors of the county of San Bernardino as Ordinance No. 3105, are deleted in their entirety. (Code 1980, § 8.20.020; Ord. No. 317, § 2(part), 1987) Sec. 8.20.030. Fees. Notwithstanding any other provision of the county of San Bernardino Environmental Health Code as set-er-t4 adopted in this chapter, fees required by Any provision thereof shall be paid to .• the appropriate official with respect to the issuance of licenses, permits, inspections and related A. a \r" matters. Fees for such activities shall be established, and be amended from time to time, by resolution of the city council. \ (Code 1980, § 8.20.030; Ord. No. 317, § 2(part), 1987) Sec. 8.20.040. Penalties for violation of chapter It is unlawful for any person, firm, partnership or corporation to violate any provision or to fail to comply with any of the requirements\of this�chapter or the code adopted hereby. Any person, firm, partnership, corporation vidlatin any p ovision of this chapter or the code adopted hereby P, P g Y"P P P Y or failing to comply with any of the requirements of this chapter or the code adopted hereby shall be deemed guilty of a misdeme nor a d n upon conviction thereof shall be punished by a fine not exceeding $1,000.00 one ty �\ nd dollar or by imprisonment not exceeding six months, or by both such fine and imprisonment. Fach such 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 of the provisions of this chapter or the code adopted hereby is committed or continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this chapter. (Code 1980, § 8.20.040: Ord. No. 317, § 2(part), 1987) • Sec. 8.20.050. Civil remedies available. The violation of any of the provisions of this chapter or the code adopted hereby shall constitute a nuisance and may be abated by the city through civil process through means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. (Code 1980, § 8.20.050; Ord. No. 317, § 2(part), 1987) Sec n 2n nun Severability The city council declares that chould any provicion, oection, paragraph, sentence or word of this chapter 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 • Page 232 of 496 provisions, sections, paragraphs, sentences and words of this chapter and the code hereby adopted all remain in full force and effect. f 1 1. ■ , . CHAPTER 8.21. SMOKING REGULATED OR PROHIBITED* *State law reference—Smoking prohibited in public buildings, Government Code § 7597 et seq.; Indoor Clean Air Act, Health and Safety Code § 118875 et seq. Sec. 8.21.010. Purpose and findings. The city council finds that the smoking of tobacco, or any other weed or plant, is a medically documented danger to health, and a material annoyance, inconvenience, discomfort and health hazard to those who are present in confined spaces, and in order to preserve public health, safety and welfare, the declared purpose of this chapter is to regulate the smoking of tobacco, or any weed or plant, within the city and public places. (Code 1980, § 8.21.010; Ord. No. 384, § l(part), 1988; Ord. No. 384A, § 1, 2001) Sec. 8.21.020. Definitions. For purposes of this chapter, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply: City facility means any enclosed structure owned,<le • ased or operated by the city of Rancho Cucamonga, t ti �o�, and used by the city for governmental operations and activities. Enclosed, as in "enclosed area," means any covered ed or partially covered space having more than 50 fifty-percent of its perimeter area walled in or otherwise closed to the outside, or any space open to the sky (hereinafter "uncovered") having more than 75 seventy-five percent of its perimeter � > ` i area walled in or otherwise closed to the outside, such-as, for example, a courtyard, except that an uncovered space of 3 000 three thousand s� t or more is not enclosed, such as, for example, a field in an open-air arena. Playground means any park r ecreati nal area, whether enclosed or unenclosed, that has play or sports equipment installed or,has been designed or landscaped for play or sports activities and is designed in part to be isey c d'lbhildren, or any similar facility located on public or private v school grounds, or on grounds maintained by the city of Rancho Cucamonga. Public park means any community park, neighborhood park, special use or other park maintained by the city : - _ . . . Public plaza means any unenclosed public place, other than a sidewalk, that is paved and permanently set aside for pedestrian use, including, for example, a courtyard, a plaza and a promenade. Restaurant means any dinner house, coffee shop, cafeteria, luncheonette, soda fountain, fast food service, and any other establishment where cooked or otherwise prepared food is sold to the general public, and where seating for consumption is available on the premises. Service line means an area where one or more persons are entering or waiting to enter into a transaction for goods and/or services, regardless of whether such transaction involves the exchange of money, or whether persons are standing or seated, and includes, but is not limited to, areas surrounding the following locations: informational kiosks, automated teller machines (ATMs), theaters, restaurants, banks, vending machines, and food, beverage or merchandise stands. The term "service line" does not include any area in which smoking is prohibited by state law, thereby precluding the city of R....,,1., !'.•,......,...,r m from regulating smoking in that area. Page 233 of 4% Smoke or smoking means the carrying or holding of a lighted pipe, cigar, cigarette or any other lighted smoking equipment or the lighting or emitting or exhaling of the smoke of a pipe, cigar, cigarette or other kind of smoking equipment. The term "smoke" also means the gaseous products and particles created by the use of a lighted pipe, cigar, cigarette or other kind of smoking equipment. Stadium means any publicly owned area designated for sports or other entertainment purposes, whether enclosed or unenclosed, that is maintained by the city and not otherwise covered by this chapter. Trail means any unenclosed area, whether or not contiguous to any public park, used for • recreational walking, running, and riding and maintained by the city • 11 . - _. •: •• : Transit station means a transit stop and includes, but is not limited to, multi-modal platforms, sidewalks, shelters, benches, and other areas where persons wait for trains, buses, • taxis, or other public transit, and includes ancillary areas such as restrooms, pedestrian paths or walkways, bicycle parking areas and kiosks. The term "transit stations" does not include any area in which smoking is prohibited by state law, thereby precluding the city of Rancho Cucamonga from regulating smoking in that area. (Code 1980, § 8.21.020; Ord. No. 384, § 1(part), 1988; Ord. No. 384A10§'2, 2001; Ord. No. 786, § 5, 2008; Ord. No. 826, § 1, 3-17-2010) Sec. 8.21.030. Smoking prohibited in elevators. 4 Smoking is prohibited and is unlawful within elevators in buildings generally used by and open to the public, including elevators in office, h'nottel and\\.multifamily buildings. % (Code 1980, § 8.21.030; Ord. No. 384, § 1(part), 1988) \ 7 State law reference—Smoking prohibited inside public.buildings, Government Code § 7597. Sec. 8.21.035. Smoking prohibited (in public parks, trails, playgrounds and other recreational areas. Smoking is prohibited and unlawfuLin all public parks, trails, playgrounds, and other recreational areas not otherwi e;eov eyed b this his chapter. (Code 1980, § 8.21.035; Ord. No. 786,4 1, 2008) State law reference—Smoking prohibited within certain area of playground, Health and Safety Code § 104495. Sec. 8.21.040. Smoking prohibited in hospitals, health care and child care facilities. A. Smoking is prohibited and is unlawful in public areas of health care facilities and hospitals, as defined in Health and Safety Code § 1250, including patient rooms, waiting'rooms, • public hallways and lobbies. B. Signs reading "STAFF AND VISITOR SMOKING PROHIBITED" shall be conspicuously posted in public areas of health care facilities and hospitals. C. Smoking is prohibited and is unlawful in public areas of child care facilities. (Code 1980, § 8.21.040; Ord. No. 384, § 1(part), 1988; Ord. No. 384A, § 3, 2001) Sec. 8.21.045. Smoking prohibited in public plazas. Smoking is prohibited and unlawful in all public plazas when open to the general public. (Code 1980, § 8.21.045; Ord. No. 786, § 2, 2008) • Page 234 of 496 Sec. 8.21.050. Smoking prohibited in meeting and conference rooms. Except as hereinafter provided, smoking is prohibited and is unlawful in enclosed hearing rooms, conference rooms, chambers, and all other enclosed places of public assembly. (Code 1980, § 8.21.050; Ord. No. 384, § 1(part), 1988; Ord. No. 384A, § 4, 2001) State law reference—Smoking prohibited inside public buildings, Government Code § 7597. Sec. 8.21.055. Smoking prohibited in stadiums. Smoking is prohibited and unlawful in all stadiums when open to the general public except in currently existing designated smoking areas for tenants currently under long-term lease agreements. (Code 1980, § 8.21.055; Ord. No. 786, § 3, 2008) Sec. 8.21.060. Smoking prohibited in entertainment facilities. Except as provided in California Health and Safety Code § 25943, or its successor provisions, smoking is prohibited and is unlawful in every publicly or privately owned museum, gallery, theater, auditorium or other enclosed facility, the primary purpose of which is to provide, permit or authorize entertainment of any nature, and/or which is open to:the public for the primary purpose of exhibiting any form of art or motion picture, stage drama,_musical recital, or any other performance or event, in all areas except that area commonly known as the lobby, and in areas not open to the public. Every owner and/or manager of such theater,rauditorium, or other enclosed entertainment facility as described herein, shall post signs conspicuously in the entrance area stating that smoking is prohibited within the theater auditorium or facility, and in the case of motion picture theaters, such information shall be shown upon the screen for at least five seconds before showing motion pictures. (Code 1980, § 8.21.060; Ord. No. 384, § 1(part), 1988) Sec. 8.21.065. Smoking prohibited in any parcel of property. Smoking is prohibited and unlawful in any parcel of property upon which a public community center, library or similar facility_is lo at d= \ am (Code 1980, § 8.21.065; Ord. No. 786,§ 4, 2008) Sec. 8.21.070. Smoking prohibited in public restrooms. Smoking is prohibited and isunlawful in public restrooms and private restrooms open to the • public. (Code 1980, § 8.21.070; Ord. No. 384, § 1(part), 1988) Sec. 8.21.075. Smoking prohibited at transit stations. Smoking is prohibited and is unlawful within 20 twenty feet of any transit station located within the city. (Code 1980, § 8.21.075; Ord. No. 826, § 2, 3-17-2010) Sec. 8.21.080. Smoking prohibited at indoor service lines. Smoking is prohibited and is unlawful within indoor service lines. (Code 1980, § 8.21.080; Ord. No. 384, § 1(part), 1988; Ord. No. 826, § 3, 3-17-2010) Sec. 8.21.085. Smoking prohibited at outdoor service lines. Smoking is prohibited and is unlawful within 20 twenty feet of outdoor service lines. (Code 1980, § 8.21.085; Ord. No. 826, § 4, 3-17-2010) Page 235 of 496 Sec. 8.21.090. Smoking prohibited in eating establishments. Smoking is prohibited and unlawful in the enclosed portions of every restaurant and bar, whether publicly or privately owned, including, but not limited to, lobbies, waiting areas, restrooms and dining areas of the restaurants and bars. (Code 1980, § 8.21.090; Ord. No. 384, § 1(part), 1988; Ord. No. 384A, § 5, 2001) Sec. 8.21.100. Smoking prohibited in polling places. Smoking is prohibited and is unlawful in every indoor polling place for any local, county, state or national election, or other casting of votes, when such polling place is open for voting purposes. (Code 1980, § 8.21.100; Ord. No. 384, § 1(part), 1988) Sec. 8.21.110. Smoking prohibited in indoor office and lobby areas. Smoking is prohibited and is unlawful in all indoor lobbies, reception and/or office areas open to the public. (Code 1980, § 8.21.110; Ord. No. 384, § 1(part), 1988; Ord. No. 384A, § 6, 2001) Sec. 8.21.120. Smoking prohibited in retail food marketing establishments. Smoking is prohibited and is unlawful in a retail food ma keting establishments, including . grocery stores and supermarkets. (Code 1980, § 8.21.120; Ord. No. 384, § 1(part), 1988; Ord. No"384AN§ 7,`2001) Sec. 8.21.130. Smoking prohibited in retail store-s:--, Smoking is prohibited and is unlawful within all areas of all indoor retail stores. (Code 1980, § 8.21.130; Ord. No. 384, § 1(part), 1988;-Ord,No.384A, § 8, 2001; Ord. No. 826, § 5, 3-17-2010) Sec. 8.21.140. Smoking prohibited in banks and other financial institutions. 1 Smoking is prohibited and is nla>}ul^within all areas of banks and financial institutions. (Code 1980, § 8.21.140; Ord. No. 384(§,1(part),.1988; Ord. No. 384A, § 9, 2001; Ord. No. 826, § 6, 3-17-2010) Sec. 8.21.150. Smoking prohibite\c--------/ ii p blic buildings and structures. Smoking is prohibited and'i unlawful within all areas of all public buildings and structures. (Code 1980, § 8.21.150; Ord. No. 384,§1(part), 1988; Ord. No. 384A, § 10, 2001; Ord. No. 826, § 7, 3-17-2010) Sec'. 8.21.155. Smoking prohibited at entrances to city facilities. . A. Smoking is prohibited within an area measured 20 twenty feet from the entrance of any city facility. B. Any retail, nonprofit or service related business owner may choose to prohibit smoking within 20 twcnty feet of the entrance of said business by conspicuously posting a no smoking sign at or near the entrance to the business. Said sign shall reference this section and contain language similar to the following: "No smoking within 20 twenty feet of the entrance, pursuant to RCMC Section 8.21.155." When posted in accordance with this provision, smoking within 20 twenty feet of the entrance shall be prohibited. C. It shall be the responsibility of any person smoking outside to ensure that smoke does not enter any buildings through open windows or doors. (Code 1980, § 8.21.155; Ord. No. 384A, § 11, 2001) Page 236 of 496 Sec. 8.21.160. Posting of signs required. Except as otherwise provided herein, wherever in this chapter smoking is prohibited, signs containing all capital letters not less than one inch in height and containing at least the words, "Smoking Prohibited," or the international no smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) on a contrasting background, shall be clearly, conspicuously and sufficiently posted such that the manner and quantity of posting is reasonably likely to inform individuals occupying such room, building or other place that smoking is prohibited. It is the duty of the owner, operator, manager, or other person having control of such room, building or other place where smoking is prohibited to post such signs or cause such signs to be posted, and maintain such signs in good condition. (Code 1980, § 8.21.160; Ord. No. 384, § l(part), 1988; Ord. No. 826, § 8, 3-17-2010) Sec. 8.21.165. Vendor assisted sales. A. For purposes of this section, the following definitions shall apply: 4 Retail tobacco store means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental. For purposes of this definition subsection, the term "primarily," means that at least 80 eighty percent of the square footage of the available retail floor,and shelf space is devoted to the sale of tobacco and tobacco related products and accessories:, 2. Self service display means the display of,tobacco products in such manner that the products are accessible by the public without the-intervention of the vendor. B. Except as hereinafter provided, it is un�ful in/any business establishment to sell, dispense, permit to be sold or offer for sale any tobacco product by means other than vendor assisted sales. This prohibition shall specifically.preclude the selling, offering for sale, dispensing and displaying of tobacco products by self service displays. Notwithstanding the foregoing, this prohibition shall not apply to retail tobacco'stores and cigar lounges. C. No person shall sell, permit to be soldoroffer for sale any tobacco product to a buyer who reasonably appears to be less than\27=twenty seven years of age unless such buyer has first presented photographic identification-establishing that the buyer is not less than 18 eighteen years of age. D. Self service displays in place as of the effective date of the ordinance codified in this chapter in a location prohibited in subsection B of this section above shall be removed not later than September 1, 2001. (Code 1980, § 8.21.165; Ord. No. 384A, § 13, 2001) Sec. 8.21.170. Structural modifications not required. A. Nothing in this chapter shall require the owner, operator or manager of any theater, auditorium, health care facility, or any building, facility, structure or business, to incur any expense to make structural or other physical modifications to any area or workplace. B. Nothing in this section shall relieve any person from the duty to post signs as required by this chapter. (Code 1980, § 8.21.170; Ord. No. 384, § l(part), 1988) Sec. 8.21.180. Penalties. A. It is unlawful to fail to post the signs required by this chapter, or to willfully mutilate or destroy any signs required by this chapter. B. It is unlawful for any person to smoke in any area posted as a nonsmoking area. • Page 237 of 496 • C. It is unlawful for any person who owns, operates, manages, or otherwise controls the use of any premises subject to regulation under this chapter to fail to comply with any provisions of this chapter, or to permit or allow any other person to smoke in any area posted as a nonsmoking area. D. It is unlawful for any person, firm, partnership or corporation to violate any provision or fail to comply with any of the requirements of this chapter. Any person, firm, partnership or corporation violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of an infraction and upon conviction thereof shall be punishable as follows: 1. A fine not exceeding $100.00 one hundred dollars for a first violation; 2. A fine not exceeding $200.00 two hundred dollars for a second violation of the same ordinance within one year; 3. A fine not exceeding $500.00 five hundred dollars for each additional violation of the same ordinance within one year. E. Every such 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 of the provisions of this chapter is committed, continued or permitted.by such person, firm, partnership or corporation, and shall be deemed punishable thereof as proviided in this chapter. • F. A violation of any provision of this chapter•is°a n infr ction, which is punishable as • provided in section 1.12.030. of this code. �{�\ } (Code 1980, § 8.21.180; Ord. No. 384, § 1(part), 1988; Ordz-No. 384A, §§ 15, 16, 2001; Ord. No. 826, § 9, 3-17- 2010) YE/ Sec. 8.21.190. Civil remedies.available. The violation of any of the provisions o f this chapter shall constitute a nuisance and may be abated by the city through civil process lkmeans)of restraining order, preliminary or permanent injunction or in any other manner provided'bydaw for the abatement of such nuisances. (Code 1980, § 8.21.190; Ord. No. 384,(§1(pa'rt),_1988; Ord. No. 384A, § 16, 2001) CHAPTER 8.22. PROHIBITION'OF CHLOROFLUOROCARBON PROCESSED ' PACKAGING* *State law reference—Chlorofluo�'rbons, Health and Safety Code § 119150 et seq. Sec. 8.22.010. Definitions. • As used in this chapter: The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: AJJFC-processed packaging means all foam or styrofoam packaging which utilizes any chlorofluorocarbon as a blowing agent, or otherwise, in its manufacture. &Chloroflu.a•ocorbons or CFCs are the family of chemical substances commonly referred to as such, and containing carbon, fluorine and chlorine, and having no hydrogen atoms and no double bonds. &Packager means any store, shop, sales outlet, manufacturer or other business located within the city which packages, boxes, containerizes, or otherwise prepares any tangible goods or merchandise for sale or distribution within the city using, in any fashion, packaging, as defined herein, in connection with any portion of its business. • Page 238 of 496 .P-Packaging means any and all bags, sacks, wrapping, boxes, containers, container filler material, bowls, plates, trays, cartons, cups, straws, lids and any and all other materials utilized in the packaging of any goods, merchandise, food or other tangible things. &Packaging manufacturer means any business which manufactures packaging as all or part of its business. &Packaging supplier means any business which sells or provides packaging as all or part of its business. (Code 1980, § 8.22.010; Ord. No. 371, § 1(part), 1988) Sec. 8.22.020. CFC-processed packaging prohibited. A. Packagers. 1. Except as provided in subsectiondivicion A.9 of this sebsection, no packager shall utilize any CFC-processed packaging, nor shall any packager purchase, obtain or keep any CFC- processed packaging for packaging purposes. 2. As to any packaging obtained after September 1, 1989, each packager shall obtain from each of its packaging suppliers a written statement signed by the supplier, or by an authorized agent of the supplier, stating that the supplier will supply no CFC-processed packaging to that packager, that the supplier will note on each invoice for packaging supplied to that packager that the packaging covers by the invoice is not CFC- processed, and it shall further include the\identity`rof the manufacturer of such packaging. All contracts between packagers and pa' ckaging suppliers -- •- . - - - . - . . - Scptembcr 1, 1989, shall include provisions that each supplier will supply no CFC- . \ processed packaging, that the supplienwill-truthfully state on each invoice for packaging supplied that the packaging is1\not CFC-processed and that each such invoice shall contain the identity of the manufacturer of such packaging. A failure by any packaging \ supplier to comply with such provisions shall constitute a material breach of the contract. \� 4. Packagers shall retain-eachsupplier's written statements referred to above, for one year from the last date of\�ipt of any packaging from that supplier. i 5. All packagers shall segregate, in their warehouses or other storage areas, all foam and styrofoam packaging from all other forms of packaging maintained on the premises. All foam and styrofoam packaging to be used in connection with each packager's business and maintained on the packager's premises shall he labeled with language clearly indicating that CFCs have not been utilized in its manufacture. 6. It is unlawful for any supplier to make any misstatement of material fact to any packager or to any representative of the city regarding the use or nonuse of CFCs in the manufacture of any packaging supplied, or to be supplied, to any packager in the city. 7. Each packager shall file a statement at the time it first obtains or renews it business license, truthfully declaring that it is in compliance with this chapter. 8. All statements and documents required by this chapter to be maintained by a packager shall be made available for inspection by the city manager or his or her designated representative. It is unlawful for anyone having custody of such documents to fail or refuse to produce such documents upon request by the city manager or his or her designated representative during normal business hours. 9. The city manager or his or her authorized representative may exempt a type of packaging from the requirements of this chapter upon a showing satisfactory to the city manager or Page 239 of 496 his or her designee that the packaging has no acceptable non-CFC-processed equivalent . and that imposing the requirements of this chapter would cause undue hardship. The documentation shall include, but is not limited to, a list of suppliers contacted to determine if non-CFC-processed substitutes are available. 10. Packagers who have previously entered into a contract for the provision of CFC-processed packaging which is to be shipped prior to September 1, 1989, are exempt from the provisions of this subsection A, with respect to such packaging. B. Packaging suppliers. • 1. It is unlawful for any packaging supplier in the city to store, sell or provide CFC- processed packaging within the city. 2. All foam and styrofoam packaging stored or maintained by any packaging supplier within the city shall be labeled with language clearly indicating that CFCs have not been utilized in its manufacture. • 3. The provisions of this subsection B shall not apply to packaging required to be shipped under an existing contract prior to September 1, 1989. C. Packaging manufacturers. 1. It is unlawful for any packaging manufacturer toemanufacture or otherwise produce, within the city, any CFC-processed packaging 2. All foam and styrofoam packaging stored or maintained ined by any packaging manufacturer within the city shall be labeled with language clear indicating that CFCs have not been utilized in its manufacture. 3. The provisions of this cubsection,C:ohall'nottaapply to packaging manufactured, or to be manufactured, prior to September 1, 1989. (k D. Policy. The city shall not purchase any CFC-processed packaging, nor shall CFC- processed packaging be knowingly�yl at any ized aany city-sponsored event occurring within the city. on and after January 1, 1989. / E. Enforcement. The city manager is authorized to promulgate regulations and to take any and all other actions reasonable le and necessary to enforce this chapter, including, but not limited to, inspection of any business premises of any packager, packaging supplier and/or packaging manufacturer, during normal business hours, to verify compliance. F. Voluntary and mandatory compliance. It is the intent of the city council to achieve a 50 • •fty-percent reduction in the use of CFC-processed packaging by March 1, 1989, and a 90 ninety percent or greater reduction thereafter. In order to achieve this reduction, compliance with the provisions of this chapter shall be on a voluntary basis until September 1, 1989. On and after September 1, 1989, the provisions of this chapter shall become mandatory without further notice. (Code 1980, § 8.22.020; Ord. No. 371, § 1(part), 1988) Sec. 8.22.030. Penalties. A. On and after September 1, 1989, It is unlawful for any person, firm, partnership or corporation to violate any provision or to fail to comply with any of the requirements of this chapter. Any person, firm, partnership or corporation violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of an infraction and upon conviction thereof shall be punishable as follows: 1.A A fine not exceeding $100.00 one hundred dollars for a first violation; Page 240 of 496 2.$, A fine not exceeding $200.00 two hundred dollars for a second violation occurring within one year; 3.G A fine not exceeding $500.00 five hundred dollars for each additional violation occurring within one year. B. Each such person, firm, partnership or corporation is guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this chapter. C. The provisions of this chapter shall not be construed as permitting conduct not proscribed herein and shall not affect the enforceability of any other applicable provision of law: (Code 1980, § 8.22.030; Ord. No. 371, § 1(part), 1988) Sec. 8.22.040. Civil remedies available. A violation of any of the provisions of this chapter 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 nuisance. (Code 1980, § 8.22.040; Ord. No. 371, § 1(part), 1988) CHAPTER 8.23. NUISANCE ABATEMENT* `State law reference—Weed and rubbish abatement, Government Code§ 39501 et seq.; authority of city to declare and abate weed, rubbish, and other dange ous-orNrnjurious nuisance materials from property, Government Code § 39561 et seq.; authority of city to declare')and abate abandoned excavations from property, Government Code § 50230 et seq.; authority, of crtylto declare and abate nuisances, Health and Safety Code § 38771 et seq.; nuisances generally,-Civil Code §§,3479-3503. Sec. 8.23.010. Intent and purpose. It is the intent of this chapter-identify and provide a remedy for certain conditions which, when found to exist on land withinethe city, are detrimental to public health, safety or welfare, or which interfere with the reasonable\,enjoyment of life or property, and thereby create a public nuisance. p.t (Code 1980, § 8.23.0W: Ord. No. 386,;(part), 1989) Sec. 8.23.020. Definitions. For the purpose of this chapter, the following words and phrases are defined and shall be construed as hereinafter set out, unless it is apparent from the context that a different meaning was intended: "City" means the city of Rancho Cucamonga. Code enforcement officer means the city manager for the city and his or her duly authorized representatives. "Person" means any person, firm, partnership, association, corporation, company or organization of any kind. (Code 1980, § 8.23.020; Ord. No. 386 § 1(part), 1989) Sec. 8.23.030. Abatement of violation and public nuisance. Notwithstanding any other provision of this Code, whenever there is a condition or use existing on private land and such use or condition is a public nuisance and is a violation of any provision of this Code, the proceedings set forth in this chapter may be used as an alternative to any other proceeding or manner of getting abatement set forth in this Code. Page 241 of 496 (Code 1980, § 8.23.030; Ord. No. 386, § 1(part), 1989) Sec. 8.23.040. Alternative remedies. Nothing in this chapter shall be deemed to supersede other provisions of this Code, nor to prevent the city from commencing civil or criminal proceedings to abate a public nuisance under applicable Civil Code or Penal Code provisions as an alternative or in addition to the proceedings set forth in this chapter. (Code 1980, § 8.23.040; Ord. No. 386, § )(part), 1989) Sec. 8.23.050. Maintenance of property causing nuisance. It is a public nuisance for any person owning, leasing, occupying or having charge of any property, improved or unimproved, within the city to maintain such property in a manner that is detrimental to public health, safety or welfare, or which interferes with the reasonable enjoyment of life or property, when any of the following conditions are found to exist: A. Land, the topography, geology or configuration of which, as a result of grading operations, excavation or fill, causes erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious to the public or to adjacent properties; B. Buildings and structures which are: 1. Abandoned, boarded-up, partially destroyed,br left-in a state of partial construction; 2. Open, unused or vacant, including foundations; basements, excavations, swimming pools, wells, pits, ponds, shafts, and similar structures which are unfenced, unsealed or unsecured; 3. Maintained in a state of substantial deterioration, such as peeling paint on a facade, broken windows, roofs in,dis ei pairdamaged porches, broken steps, or other deterioration or disrepair causing al lack of weather protection, impairing structural integrity, or causing the,structure to he uninhabitable, or unsuitable for its intended use; C. Substantial lack of e . n mainteance or neglect of property, including all yard areas, .. landscaping, pavement, irrigation systems and similar improvements: I. Overgrown, d rd>.de aging, diseased or hazardous trees, weeds or other vegetation; 2. Paved areas which)have deteriorated containing loose material, potholes, broken, raised or depressed sections, or insufficient to prevent mud and/or dust; 3. Front yards, side yards or rear yards visible from an abutting street or alley which lacks substantial landscaping; D. Any device, decoration, design, sign, fence, wall, structure or vegetation which by reason of its condition or inappropriate use or location is illegal and constitutes a hazard to persons or property; E. The accumulation and storage of items, equipment and materials either inside or outside of buildings and visible from the public right-of-way or sites of neighboring properties which constitute an attractive nuisance or are in a condition incompatible with their originally intended use or otherwise in any manner detrimental to the public; F. The accumulation of junk, trash, refuse, lumber, rocks, dirt, broken concrete or asphalt, scrap metals, scrap plastic or polymer materials, scrap building materials, tree and landscape trimmings and other similar or related materials either inside or outside of buildings which have been unlawfully placed or retained on property or otherwise disposed of illegally or improperly; Page 242 of 496 G. Local feeder trails which are obstructed, impassible or unsafe: 1. Blocked by structures, materials, equipment or vegetation; • 2. Lacking proper maintenance of the trail surface with the presence of potholes, large rocks, overgrown vegetation, ruts caused by erosion, rubbish or debris; 3. Lacking proper maintenance of trail improvements, including, but not limited to, fencing, grading, drainage facilities, or gates and other access control devices; H. Graffiti and other inscribed materials on structures or property visible from the public right-of-way or from sites of neighboring properties when removal has not been effected in compliance with local ordinance; I. Property maintained, in relation to others, so as to establish a prevalence of depreciated values, impaired investments, and social and economic maladjustment. (Code 1980, § 8.23.050; Ord. No. 386 § 1(part), 1989; Ord. No. 559, § 1, 1996) State law reference—List of conditions that endanger health, safety, and welfare of occupants so as to deem the structure a substandard building, Health and Safety Code § 17920.3. Sec. 8.23.060. Health and safety nuisances. It is a public nuisance for any persons owning, leasing, occupying or having charge of any property, improved or• unimproved, within the cit y/or an'P e,son owning, conducting or participating in any business, operation,or activity within the city-to cause, permit or allow any of the following conditions: A. Breeding or harborage places for invertebrate a\yertebrate vectors under conditions of known public health significance, including those for mosquitoes, flies and rodents; B. Hazardous materials which are corrosive-toxic, ignitable, irritants, infectious, strong sensitizers, generate pressure by decomposition or other means, or otherwise are present under circumstances that could endanger the public health and safety; C. Incompatible materials unsuitable for co-mingling where circumstances suggest a likelihood of explosion;spont e uo s combustion, chemical reaction, fire, extreme heat, toxic substance formation or o Cher dangerous reaction so as to endanger the public health and safety; D. Infectious and related wastes, and odors therefrom, including those from hospitals and medical facilities, sewers, cesspools, septic tanks, leach lines and fields (whether of individual or multiple ownership), toilets, holding tanks, seepage pits, butcher offal, pet dropping, excrement, urine, laundry water, manure accumulations, dead animals, putrid , matter, refuse, and similar materials under circumstances endangering the public health and safety; E. Any privy or outhouse on premises where domestic water under pressure is available; without suitable shelter to afford privacy and protection from the elements; without an automatically self-closing door adequate to exclude flies from the pit; in disrepair; with vaults filled with excreta not regularly and thoroughly disinfected; within forty feet of any dwelling, residence, school, church, hospital or public place of business, except with the permission of the occupants or operators of such dwelling, school, church, hospital or public place of business; F. Any toilet, washroom, or bath or shower room for the use of employees, patrons or the public where the floors, walls, ceilings, lavatories, urinals, toilet bowl, bath or showers have accumulations of dirt, filth or corrosion; lavatories are not supplied with soap, Page 243 of 496 individual towels and a receptacle for their disposal; toilet rooms are not provided with toilet paper; G. The keeping of an animal, fowl or bird: 1. Within proximity to any school, church, hospital, public place, business or building used for human habitation other than that of the owner of the animal, which causes detrimental effects to the health, safety or welfare of the public; or 2. In any yard, coop, corral, run or building which is in a foul or unsanitary condition; H. The presence of standing water in any swimming pool, spa, hot tub, pond, bird bath, excavation or any other place, thing or location that is in an unhealthy, stagnant, or otherwise unsafe condition due to neglect, lack of maintenance, or insufficient or improper treatment or filtration. For purposes of this subsection, standing water that is deemed to be unhealthy and a nuisance includes, but is not limited to, standing water found to contain or be likely to attract, unhealthy vegetation, mosquito larvae or other harmful insects, bacteria, pathogens or disease. (Code 1980, § 8.23.010; Ord. No. 386, § 1(part), 1989; Ord. No. 733, § 1, 2004) Sec. 8.23.070. Method of abatement. All or any part of premises found, as provided in this chapte ib constitute a public nuisance shall be abated by rehabilitation, demolition or repair p�u sr uant t�e procedures set forth in this chapter. The procedures set forth in this chapter shall�ndt be exclusive and shall not in any manner limit or restrict the city from enforcing other-city-ordinances or abating public nuisances in any other manner provided by law. (Code 1980, § 8.23.070; Ord. No. 386, § 1(part), 1989) Sec. 8.23.080. Declaration of nuisance. Whenever the code enforcement officer determines that a condition exists which constitutes a public nuisance, as set forth in this cfi pier he-or she shall cause to be served upon the owners of the property a "Notice of Hearing,' service•of which shall be as set forth in this chapter. (Code 1980„§ 8.23.080; Ord. No:386§ 1 part); 1989) Sec. 8.23.090. Emergency abatement. m nt. When a public nuisance constitutes an immediate hazard or threat of harm and the situation calls for abatement sooner than the abatement procedures in this chapter otherwise allow, the . code enforcement officer may take or cause emergency abatement of such nuisance with such notice to parties concerned, or without notice, as the particular circumstances reasonably allow. (Code 1980, § 8.23.090; Ord. No. 386, § 1(part), 1989) Sec. 8.23.100. Authority to enter upon land. The code enforcement officer, or his or her assistants, deputies, employees or contracting agents, may enter upon the land for posting or serving notice, or, also, for abating any such public nuisance and violation as provided in this chapter. (Code 1980, § 8.23.100; Ord. No. 386, § 1(part), 1989) State law reference—Administrative inspection warrant, Civil Procedure Code § 1822.50 et seq. Sec. 8.23.110. Notice of hearing. Notice of the time and place of hearing before the code enforcement officer shall be titled, "Notice of Hearing,” and shall include the following information: Page 244 of 496 A. Title statement: Notice of hearing to determine the existence of a public nuisance and to abate in whole or in part; B. Date and time of the public hearing; C. Location where the public hearing will take place; D. Name and title of the hearing officer; E. Location of the premises within the city which are the subject of the hearing, including: 1. Assessor's parcel number (APN); 2. Street and number; or 3. A description of the location using street names, block numbers, and/or landmarks; F. Purpose of the hearing: To ascertain whether certain premises, as designated, constitute a public nuisance subject to abatement by the rehabilitation of such premises, or by the repair or demolition of buildings, structures or improvements situated thereon; G. Municipal Code sections which define the conditions on the premises to constitute a public nuisance; H. The conditions which constitute a nuisance must be promptly abated by the owner of the premises, or such nuisances may be abated, by__ ninicipal authorities and the assessed rehabilitation, repair or demolition will be upon such premises and such costs will constitute a lien upon such land until paid; I. Description of the violations; (Th. J. Methods available or required to abate the violations; K. Notification to all interested parties wli\desire to give testimony to attend the hearing; L. Date of mailing of the notice; M. Name and title of the issuing offic r._. /C (Code 1980, § 8.23.110; Ord. No. 386,Pl(part);1989) Sec. 8.23.120. Service of notice f hearing. The notice and order, and any amendment or supplemental notice and order, shall be served upon the recorded owner, and one copy thereof shall be served on each of the following if known to the code enforcement officer or disclosed from public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record, and the holder of any other estate or legal interest of record in or to the building or the land. As used in this section, all reference to "record" means . matters of record in the office of the recorder of the county, which definitely and specifically describes the premises involved. The failure of the code enforcement officer to serve any person required in this chapter to be served shall not invalidate any proceedings under this chapter as to any other person duly served or relieve any such person from any duty or obligation imposed by the provisions of this section. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at his or her address as it appears on the last equalized assessment roll of the county or as known to the code enforcement officer. If no address of any such person so appears or is known to the code enforcement officer, then a copy of the notice and order shall be so mailed, "addressed to such person, at the address of the property involved in the proceedings, or posted on the building or premises involved. • Page 245 of 496 A title search may be conducted by or for the code enforcement officer to determine the proper person or persons to whom the original notice of hearing should be sent. (Code 1980, § 8.23.120; Ord. No. 386, § 1(part), 1989) Sec. 8.23.130. Proof of service. Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. The declarations, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to the copy of the notice and order retained by the code enforcement officer. • (Code 1980, § 8.23.130; Ord. No. 386, § 1(part), 1989) Sec. 8.23.140. Hearing by code enforcement officer. At the time stated in the notices, the code enforcement officer shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from owners, witnesses, city personnel and interested persons relative to such alleged public nuisance and to proposed rehabilitation, repair or demolition of such premises. The hearing may be continued from time to time. (Code 1980, § 8.23.140; Ord. No. 386, § 1(part), 1989) Sec. 8.23.150. Decision of code enforcement officer. A. Upon or after the conclusion of the hearing, the code enforcement officer, based upon such hearing, shall determine whether the premises; ore any part thereof, as maintained, constitutes a public nuisance as defined in this Chapter.If the code enforcement officer finds that such public nuisance does exist and that there-is,sufficient cause to rehabilitate, demolish or repair the same, the code enforcement officer shall make\a written order setting forth his or her findings and ordering the owner or other person having charge or control of such premises to abate such nuisance by having such premises, buildings or-structures rehabilitated, repaired or demolished in the manner and by the means specifically set forth in the order. Such order shall set forth the times within which such wor,k�/(shall be meneed and completed by the owner. B. Within ten days from"the�date)of the mailing of the order, the owner or person occupying or controlling such lot or premises affected may appeal to the city council. Such appeal shall be in • writing and shall be filed with the city clerk. At a meeting of the city council not more than thirty days thereafter, it shall proceed to hear and pass upon the appeal. Notice of the hearing date shall be served upon the appellant at least ten days before the time fixed for the hearing, and shall be served in the manner set forth,in section 8.23.120. The decision of the city council thereupon shall be final and conclusive. (Code 1980, § 8.23.150; Ord. No. 386, § 1(part), 1989) Sec. 8.23.160. Notice to abate. The "Notice to Abate" shall contain the following information. In the absence of emergency circumstances, the notice may not require abatement in less than ten days: A. Title statement: Notice to abate; B. Date the notice was issued; C. Municipal Code section granting authority for the abatement proceedings; D. Description of the property, location: 1. Assessor's parcel number; Page 246 of 496 2. Street and number; or 3. A description of the property location using street names, block numbers, and/or landmarks; E. Name and address of the property owner as shown on the county assessor's tax records; F. Specific conditions which constitute a public nuisance and the required method of correction; G. Number of days in which the nuisances are to be abated; H. Failure to abate the nuisances within the allotted time period shall allow the code enforcement officer to abate such nuisances by public employees, private contractor, or other persons, and the cost with all directly related investigative and administrative costs shall be billed directly to the property owner or levied and assessed against the property as a special assessment lien; I. Any appeal must be filed in writing with the city clerk within ten days of the date of the notice. The city clerk will set the appeal for hearing before the city council and notify the appellant of the date; J. Failure to abate or appeal within the times allotted may also make the property owner subject to criminal and civil remedies; K. Name and title of issuing officer; L. Street address and mailing address of city offices: (Code 1980, § 8.23.160; Ord. No. 386, § l(part), 1989) Sec. 8.23.170. Service of order to abate. \ A copy of the order of the code enforce" meat officer ordering the abatement of the nuisance shall be served upon the owners of the property in accordance with the provisions of section 8.23.120 and shall contain a detailed\list of,needed corrections and abatement methods. Any property owner shall have the right to...have any such premises rehabilitated or to have such v--.J building or structures demolished or repaued in accordance with the order and at his or her own expense, provided the same,is done prior'to the expiration of the abatement period set forth in the order. Upon such abatement\roll by the owner, then proceedings under this chapter shall terminate. If such nuisance is not completely abated by the owner as directed within the designated statement period, then the code enforcement officer is authorized and directed to cause the same to be abated by city forces or private contract, and the code enforcement officer or his or her designated agents are expressly authorized to enter upon the premises for such purpose. Upon request, other city departments shall cooperate fully and shall render all reasonable assistance in abating any such nuisance. (Code 1980, § 8.23.170; Ord. No. 386, § l(part), 1989) State law reference—Authority of code enforcement officer, Penal Code § 836.5. Sec. 8.23.180. Record of cost for abatement. A. The code enforcement officer, or such other city official as may be designated by him or her, shall keep an account of the cost (including incidental expenses) of abating such nuisance on each separate lot or parcel of land where the work is done and shall render an itemized report in writing to the city council showing the cost of abatement and the rehabilitating, demolishing or repairing of the premises, buildings or structures, including any salvage value relating thereto; provided that, before the report is submitted to the city council, a copy of the same shall be served Page 247 of 496 in accordance with the provisions of section 8.23.120, together with a notice of the time when the report shall be heard by the city council for confirmation. B. The city council shall set the matter for hearing to determine the correctness and/or reasonableness, of such costs. C. Proof of the service shall be made by declaration under penalty of perjury filed with the city clerk. D. "Incidental expenses" includes, but is not limited to, the actual expenses and costs to the city in the preparation of notices, specifications and contracts, and in inspecting the work, and the costs of printing and mailing required under this chapter. (Code 1980, § 8.23.180; Ord. No. 386, § 1(part), 1989) Sec. 8.23.190. Report hearing and proceedings. At the time and place fixed for receiving and considering the report, the city council shall hear and pass upon the report of such costs of abatement, together with any objections or protests. Thereupon, the city council may make such revision, correction or modification in the report as it may deem just, after which, by motion, the report, as submitted or as revised, corrected or modified, shall be confirmed. The decision of the city council on>all protests and objections which may be made shall he final and conclusive. • (Code 1980, § 8.23.190; Ord. No. 386, § 1(part), 1989) Sec. 8.23.200. Assessment of costs against property; lien. The total costs for abating such nuisance, as ssoo confirmed by the city council, shall constitute a special assessment against the respective lotkor.parcl of land to which it relates and, upon recordation in the office of the county recorr er_oLa<ottice of lien," as so made and confirmed, shall constitute a lien on the property for the amount ofsuch assessment. A. A demand for payment shall be served i l)accordance with section 8.23.120 of this chapter allowing thirty days from the date of service, or mailing,g y y g, payment of the total assessment prior to the recordation-of a "notice of lien;" B. After recordation, a certified copy shall be sent to the tax division of the county auditor- controller's office,whereuponyit shall be the duty of the auditor-controller to add the amounts of the respect ve/assessments to the next regular tax bills levied against the respective lots and parcels of land for municipal purposes, and thereafter the amounts shall be collected at the same time and in the same manner as ordinary municipal taxes • are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes; or C. After such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law. (Code 1980, § 8.23.200; Ord. No. 386, § 1(part), 1989) Sec. 8.23.210. Duty to abate. No person or entity shall cause, permit, maintain, conduct or otherwise allow a public nuisance as defined in this chapter to exist within the city. It shall be the duty of every owner, occupant and person in control of any property, business, operation or interest therein located within the city to remove, abate and prevent the recurrence of a public nuisance upon such activity or interest therein. Any recurrence of a condition may be deemed to be a continuation of the original condition. (Code 1980, § 8.23.210; Ord. No. 386, § 1(part), 1989) Page 248 of 496 Sec. 8.23.220. Penalties. It is unlawful for any person, firm, partnership or corporation to violate any provision or to fail to comply with any of the requirements of this chapter hereby adopted. Any person, firm, partnership or corporation violating any provisions of this chapter or failing to comply with any of the requirements thereof shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each and every 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 of the provisions of this chapter is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this chapter. (Code 1980, § 8.23.220; Ord. No. 386, § 1(part), 1989) Sec. 8.23.230. Civil remedies available. The violation of any of the provisions of the ordinance codified in this chapter 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. (Code 1980, § 8.23.230; Ord. No. 733, § 3, 2004) p' State law reference—Nuisances generally, Civil Code §§ 3,4799-3503. Sec. 8.23.240. Severability. The city council declares that, should any a cle,r rti provision, section, paragraph, sentence or word of the ordinance codified in this chapter adopted be or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislative, the remaining provisions, sections, paragrapl s, sentences and words of the ordinance codified in this chapter adopted shall remain in full force and effect. (Code 1980, § 8.23.240; Ord. No. 733,4'4,�2�0.04) Sec. 8.23.250. Urgency an�d,effec tive date. The city council of the city.`mds and declares that there is an immediate risk to the public health caused by the confirmed presence in Southern California of the West Nile Virus, known to be spread by mosquitoes. The cityyouncil further finds and declares that the presence of standing water and the. opportunity it presents for disease-carrying mosquitoes to breed and proliferate, significantly contributes to the spread of the virus. Based thereon, the city council finds and declares that it is necessary that the ordinance codified in this chapter take effect immediately in order to fully protect and preserve the'public health and safety. (Code 1980, § 8.23.250; Ord. No. 733, § 5, 2004) • CHAPTER 8.24. GRAFFITI* ' ' ! - E ! • • • ! ' >u ! *State law reference—Authority to declare graffiti a nuisance and to require abatement, Government Code § 38772; authority to adopt ordinance regulating the sale of aerosol containers of paint or other liquid substances capable of defacing property and governing the placement of graffiti on public or private, real or personal property, Penal Code § 594.5. Sec. 8.24.010. Purpose and intent. • A. The city council specifically finds that graffiti on public and private properties is an immediate and serious threat to the safety and welfare of the community. Furthermore, graffiti encourages gang and other criminal activities thereby threatening the safety of citizens of the city. Additionally, both public and private properties are experiencing a dramatic increase in graffiti Page 249 of 496 which is costly to remove and creates a negative image of the city. Graffiti is a blighting factor which not only depreciates the value of such property that has been the target of such vandalism, but also depreciates the value of the adjacent and surrounding properties so as to create a negative impact upon the entire city. B. State law authorizes the city, under certain circumstances, to provide for the removal of graffiti and other inscribed materials from private as well as public property. The city council finds and determines that graffiti is obnoxious and a public nuisance and unless the city causes it to be removed from public and private property, it tends to remain. Other properties then become the target of graffiti with the result that entire neighborhoods are affected and become less desirable places in which to be. C. It is the purpose and intent of the city council, through the adoption of the ordinance codified in this chapter, to provide additional enforcement tools to protect public and private property from acts of vandalism and defacement, including the application of graffiti on privately and publicly owned walls and structures. Such acts are inimical to and destructive of the rights and values of private property owners as well as the total community. It is the further intent of the city council, through the adoption of the ordinance codified in this chapter, to provide notice to all of those who disregard the property rights of others, that the law enforcement agencies of the city, the sheriffs department and the district attorney's office!will strictly enforce the law and vigorously prosecute those persons engaging in the defacementofic and private properties. (Code 1980, § 8.24.010; Ord. No. 515, § 1(part), 1993) Sec. 8.24.020. Definitions. The following words, terms and phrases, when used\inithis chapter, shall have the meaning ascribed to them in this section, except where thecontext.'clearly indicates a different meaning: Aerosol paint container means any aerosol container which is adapted or made for the purpose of spraying paint or other substance capable of defacing property. Code enforcement officer me na s the-city manager or his or her duly authorized representatives. Etching substance meansQ)�f.liquid, cream or paste product used to permanently etch glass. Ingredients of such etching substances may include, but are not limited to, ammonia/sodium bifluorides and sulfuric acid. Felt tip marker means any tipped style marker or similar implement with a tip which is at least one-eighth of one inch in width at its broadest width. Graffiti means any inscription, word, figure, picture, painting, design or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, engraved, pasted or otherwise • affixed to or on any surface, to the extent the same was not authorized in advance by the owner thereof, or, despite advance authorization, is otherwise deemed by the code enforcement officer to be a public nuisance. Graffiti implement means an aerosol paint container, a felt tip marker, paint stick or graffiti stick, etching substance or any other device containing any solution or substance capable of scarring or leaving a visible mark at least one-eighth of one inch in width upon any surface. Paint stick or graffiti stick means any device containing a solid form of paint, chalk, wax, epoxy or other similar substance capable of being applied to a surface by pressure, and, upon application, of leaving a mark at least one-eighth of one inch in width. (Code 1980, § 8.24.020; Ord. No. 515, § 1(part), 1993; Ord. No. 701, § 1, 2003) • Page 250 of 496 Sec. 8.24.030. Unlawful to apply graffiti. It is unlawful for any person to apply graffiti to any trees or structures, including, but not limited to, buildings, walls, fences, poles and signs ("structures" hereinafter in this chapter), located within the city. It is also unlawful for any person to apply or affix any adhesive backed label, sticker, bumper sticker or similar item to any tree or structure not owned or lawfully possessed by such person. (Code 1980, § 8.24.030; Ord. No. 515, § 1(part), 1993) State law reference—Defacing property with graffiti unlawful, Penal Code § 594. Sec. 8.24.040. Possession of graffiti implements and scribing devices by minors prohibited. A. It is unlawful for any minor to have in his or her possession any graffiti implement or scribing device while upon public property or upon private property without the consent of the owner of such private property whose consent to such possession and presence is given in writing in advance. For purposes of this section, the term "scribing device" means any drill bit, grinding stone, glass cutter, or any device the purpose of which is to scribe into any surface. B. This section shall not apply to the possession of a felttip,marker by a minor attending, or traveling to or from a school at which the minor is enrolled, if the-minor is participating in a class at said school which formally requires the possession of such felt'tip markers. (Code 1980, § 8.24.040; Ord. No. 515, § 1(part), 1993) State law reference—Purchase and possession of etching cream; etc., capable of defacing property, Penal Code § 594.1. Y Sec. 8.24.050. Possession of graffiti impa�le ent\p ohibited in designated public places. It is unlawful for any person to have'lin his or her possession any graffiti implement while in any public park, playground, swimming pool, recreational facility, or while in or within ten feet of any underpass, bridge abutment, storm dram;or`other similar type of infrastructure not normally used by the public, except as marbe'authorized by the city. (Code 1980, § 8.24.050; Ord. No. 515; § 1Giart), 1993) State law reference—AuthorityNt, oadop ordinance regulating the sale of aerosol containers of paint, Government Code § 38772. \\y Sec. 8.24.060. Accessibility to graffiti implements. A. Furnishing to minors prohibited. It is unlawful for any person, other than a parent or legal guardian, to sell, exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged given, loaned, or otherwise furnished, any graffiti implement to any minor without the consent of the parent or lawful guardian which consent shall be given in advance in writing. B. Display requirements. No person or business engaged in a commercial enterprise shall display for sale, trade or exchange, any graffiti implement except in an area from which the public shall be securely precluded without employee assistance. Two such acceptable methods for displaying graffiti implements for sale shall be by containment in: 1. A completely enclosed cabinet or other storage device which shall be permanently affixed to a building or structure, and which shall, at all times except during access by authorized representatives, remain securely locked; or 2. In an enclosed area behind a sales or service counter from which the public is precluded from entry. Page 251 of 496 Nothing herein shall relieve such person or business entity from, at all times, complying with the requirements of California Penal Code § 594.1(c) by posting signs as described therein. C. Storage requirements. No person or business engaged in the business of selling, providing or trading graffiti implements shall store any graffiti implement except in either: 1.OA completely enclosed room which shall, at all times except during access or actual occupancy by the owner or an authorized adult representative of the owner, remain • securely locked; or 2.(2)ln a completely enclosed cabinet or other storage device which shall be permanently affixed to a building or building structure, and which shall, at all times except during access by the owner or an authorized adult representative of the owner, remain securely locked. For purposes of this section, an owner or authorized representative of the owner shall be deemed to actually occupy a room even during brief periods of absence if the room is contained within a larger structure which is occupied by the owners. D. Civil responsibility for damages for wrongful display or storage. Any person who displays or stores or permits the display or storage of any graffiti implement in violation of the provisions of this section shall be personally liable for any and all costscluding attorney's fees and court costs, incurred by any party in connection with the removal o`fgraffiti, the repair of any property containing graffiti, or such party's prosecution of a civil claim for reimbursement or damages resulting from such graffiti removal or property repair, arrsing from the use by any person of such wrongfully displayed or stored graffiti impleme'nFii\vrolati n of the provisions of any of the California Penal Code sections set forth in section 8.24:080A.1 hereof, or section 8.24.030. of-this chapter. (Code 1980, § 8.24.060; Ord. No. 515, § 1(part),. 1 V1 State law reference—Display sign, Penal Code § 594.4(5)(c). Sec. 8.24.070. Graffiti removal provisi ons.ns. • A. Right of city to require-er oval-It'is unlawful for any person who is the owner, or who has primary responsibility for.control,of •private property or who has primary responsibility for the repair or maintenance of private property ("responsible party" hereinafter in this section), to permit the property to he defacedlw,ith graffiti for a period in excess of seven days after service by city by first class mail of notice of same, unless: 1. The person shall demonstrate by a preponderance of evidence that he or she does not have the financial ability to remove the defacing graffiti; or 2. It can be'demonstrated that the responsible party has an activd program for the removal of graffiti and has scheduled the removal of the graffiti as part of that program, in which case it is unlawful to permit such property to remain defaced with graffiti for a period of 15 fifteen days after service by first class mail of notice of same. B. Declaration of nuisance. 1. Graffiti as a nuisance. The city council declares and finds graffiti to be a nuisance subject to abatement according to the provision and procedures herein contained. 2. Graffiti-attracting surface as a nuisance. The existence of any surface of a structure on any privately owner parcel of land which has been defaced with graffiti after removal more than five times in 12 tv elve-months is deemed to be a nuisance, and may be abated by the city's requiring modifications thereto, or to the immediate area surrounding same, according to the provisions and procedures set forth in chapter 8.23 of this Code. Such modifications may include, but are not limited to, the retro-fitting of such surfaces at the Page 252 of 496 expense of the property owners) of the lot, not to exceed a total cost of $500.00 five hofictrecl—dollars, or at the cost of the city at the city's option, with such features or qualities as may be established by the city as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient expedient or efficient removal of graffiti therefrom. C. Right to-of city to remove. 1. Use of public funds. Whenever the city becomes aware that graffiti is located on public or private property viewable from a public or quasi-public place within the city, the city shall be authorized in its discretion to use public funds for graffiti removal, or for repainting or repairing of the property. The city shall further be authorized to require a responsible party to agree to reimburse the city for its actual costs prior to the expenditure of public funds. This section shall not authorize graffiti removal on, or the repainting or repairing of, property owned by another public entity without prior agreement. This section shall not authorize the repainting or repairing of any more extensive area than that where the graffiti is located, unless the city determines that a more extensive area is required to be repainted or repaired in order to avoid aesthetic disfigurement to the neighborhood or community, or unless the responsible party agrees to pay for the costs of repainting or repairing the more extensive area. -2. Right of entry on private property. a. Securing owner consent. Prior to entering\upon private property or property owned by a public entity other than the city,-for the\purpose of removal of graffiti, the city 1\ \\ shall attempt to secure the consentf f the'responsible party, and a release of the city from liability for private or public property damage. b. Failure to obtain owner consen. If'aesp risible party fails to remove the offending graffiti and the responsible party'shall have refused consent for entry on terms acceptable to the city consistent with the terms of this section, the city may commence abatement and cost recovery proceedings for the removal of the graffiti �N.. It pursuant to the provrsrons_of chapter 8.23 of thic Code, which procedures authorize the recovery of all\\costs\incurred by the city in abating graffiti including the recordation of a'1ien as to affected property. D. Ease of removal provisions., 1. Common utility colors and paint-type. Any gas, water, sewer, cable, telephone and other utility operating in the city, other than an electric utility, shall paint'their above-surface metal fixtures which are installed after the effective date of the ordinance codified in this chapter with a uniform paint type and color as directed by the city manager. 2. Conditions on encroachment permits. Encroachment permits issued by the city may, among other things, be conditioned on: a. The permittee applying an anti-graffiti material to the encroaching object or structure of the type and nature that is acceptable to the city manager, or his or her designee; b. The immediately removal by the permittee of any graffiti; c. The right of the city to remove graffiti or to paint the encroaching object or structure; d. The permittee providing city with sufficient matching paint and/or anti-graffiti material on demand for use in painting of the encroaching object or structure containing graffiti. Page 253 of 496 •• 3. Conditions on discretionary approvals. In imposing conditions upon conditional use permits, variances, building permits to the extent permitted by this Code, or other similar land use entitlement or development or design applications, the city may impose "graffiti removal requirements" or any or all of the following conditions, or other similar or related conditions: a.' Use of anti-graffiti material. Applicant shall apply an anti-graffiti material of a type and nature that is acceptable to the city manager, or his or her designee, to such of the publicly-viewable surfaces to be constructed on the site deemed by the city manager, or designee, to be likely to attract graffiti ("graffiti-attracting surfaces" hereinafter in this section); b. Right of access to remove graffiti. Applicant shall grant, in writing, the right of entry over and access to such parcels, upon 48 forty eight hours' posted notice, by authorizing city employees or agents, for the purpose of removing or "painting of' graffiti on graffiti-attracting surfaces previously designated by the city manager, or designee. Such grant shall be made an express condition of approval and shall be deemed to run with the land; c. Supply city with graffiti-removal material. The applicant, and any and all successors in interest, shall, for a specified period of yearsafter-approval, provide the city with sufficient matching paint and/or anti-graffiti material on demand for use in the painting over or removal of designated graffiti attracting surfaces; d. Owner to immediately remove graffiti.-Pers� applying for subdivision maps shall, if as part of any conditions, covenants and restrictions, covenant, which covenant shall run with the land, in a form satisfact ry toithe city, that the owners of the lots shall immediately remove any graffiti-places on publicly viewable trees and structures thereon to the city's satisfaction. (Code 1980, § 8.24.070; Ord. No. 515, § 1(part), 1993) Sec. 8.24.080. Rewards. A. Reward authority. 1 A.4: Pursuant to California Government Code § 53069.5, the city reserves the right to offer a reward in an amount and as to such locations as may be set by resolution of the city council, for information leading to the arres and conviction of any person for violation, within the city, of California Penal Code § 594 or 594.3 by the use of graffiti, Penal Code §§ 640, 640.5, 640.6, or sections 8.24.030, 8.24.040 or 8.24.050 of this chapter. In the event of multiple contributions of information, the reward amount shall be divided by the city in the manner it shall deem appropriate. For the purposes of this section, diversion of the violator to a community service program, a plea bargain to a lesser offense, or the sustaining of any juvenile petition filed pursuant to California Welfare and Institutions Code § 602 et seq., shall constitute a conviction. B.2, Claims for rewards under this section shall be filed with the city. Each claim shall: 1.a- Specifically identify the date, location and kind of property damaged or destroyed; 2.1} Identify by name the person who was convicted; 3.e: Identify the court and the date upon which the conviction occurred. C.& No claim for a reward shall be allowed by the city council unless the city investigates and verifies the accuracy of the claim and determines that the requirements of this section have been satisfied. Once the claim is verified and determination is made, the reward shall be paid within the city's ordinary course of business. Page 254 of 496 D.4 The person committing the graffiti-vandalism, and, if an unemancipated minor, then the parent or lawful guardian of the minor, shall be civilly liable for any reward paid pursuant to this section pursuant to the provisions of California-Government Code § 53069.5. (Code 1980, § 8.24.080; Ord. No. 515, § 1(part), 1993) State law reference—Parental liability, Government Code § 38772. Sec. 8.24.090. Reimbursement of cellular phone costs. The city shall reimburse to any person reporting by means of a cellular phone an act of graffiti vandalism presently occurring within the city, the amount of the actual phone charges, exclusive of taxes, incurred by the person. (Code 1980, § 8.24.090; Ord. No. 515, § 1(part), 1993) Sec. 8.24.100. Penalties and civil liability of parents. A. Criminal penalties. Any violation of this chapter shall be a misdemeanor punishable by either six months in jail, a $1,000.00 one t .,...,and dollar fine, or by such fine and imprisonment, and by the performance of community service, including, but not limited to, graffiti cleanup, to the maximum extent permitted by Gali-fernia-Penal Code § 594 and/or any other provision of law. B. Additional penalties available. Whenever deemed appropriate, it is the city's intent to petition a sentencing court to impose the following additional penalties upon conviction: 1. Litter or graffiti cleanup pursuant to Cnliforriftkyehicle�Code § 42001.7, upon conviction of violation of California Vehicle Code § 23111, 23112 or 23113(a); 2. Suspension or delay of issuance of a driver's ensepirsuant to California Vehicle Code § 13202.6 upon a graffiti-vandalism conviction; 3. Performance of community service, including graffiti removal service by any minor It determined to be a ward of the court as a result of committing a vandalism-related offense in the city, as provided in'�tferma Welfare and Institutions Code §§ 728 and/or 729.6; )� 4. Performance of communit�\ice including graffiti removal service of up to 100 ene hundr�re hours by4ny)mmor/determined to be a ward of the court as a result of committing a drug related offense in the city as provided in California Welfare and Institutions Code § 729.8>t C. It is the city's further intent that, pursuant to California Penal Code § 640.6(a), all acts Of graffiti-vandalism occurring within the city shall be prosecuted as misdemeanors or felonies pursuant to California Penal Code § 594 et seq., or as misdemeanors pursuant to this chapter. D. Pursuant to Q°'�_.iforria—Civil Code § 1714.1(b), any parent or legal guardian having custody and control of a minor shall be jointly and severally liable with the minor for any damages resulting from any willful misconduct of the minor which results in the defacement of property by graffiti, and for all attorneys fees and court costs incurred in connection with the civil prosecution of any claim for damages or reimbursement, not to exceed $25,000.00. twenty five thousand della rc. (Code 1980, § 8.24.100; Ord. No. 515, § 1(part), 1993; Ord. No. 701, § 2, 2003) State law reference—Civil liability of parents, Government Code § 38772. CHAPTER 8.25. VEHICLE ABATEMENT* *State law reference—Authority to remove vehicles, Vehicle Code § 22650; abandoning vehicle prohibited, Vehicle Code § 22523; authority to remove abandoned vehicles, Vehicle Code § 22650 et seq. • Page 255 of 496 Sec. 8.25.010. Findings and declarations. In addition to and in accordance with the determination made and the authority granted by the state of California, under Vehicle Code § 22660, to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the city council makes the following findings and declarations: The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, on public or private property, not including highways, is hereby found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects, and to he injurious to the health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private or public property, not including highways, except as expressly hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter. • (Code 1980, § 8.25.010; Ord.No. 387, § 1(part:), 1989) Sec. 8.25.020. Definitions. For the purpose of this chapter, the following wordsand-phrases are defined and shall be construed as hereinafter set out, unless it is apparent/from the-ntext that a different meaning was intended: ,�-�� A. "City" mans the city of Rancho Cucamonga. �� 14,Code enforcement officer means the city\m manager for the city and his duly authorized representatives. &Highway means a way or place of whatevennature, publicly maintained and open to the use of the public for purposes of vehicular.traveNThe term "highway" includes the term "street." Owner of the land means/the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized-.aassessment roll. &Owner of the vehicle means the last registered owner and legal owner of record. 1Pnbtic property does not include the term "highway." G7 Vehicle means a device by which any person or property may be propelled, moved or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks. • (Code 1980, § 8.25.020; Ord. No. 387, § 1(part), 1989) • Sec. 8.25.030. Exclusions from application of chapter. A. This chapter shall not apply to: 1.A:A vehicle, or parts thereof, which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or 2.147 A vehicle, or parts thereof, which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junkyard. B. Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10 (commencing with Section 22650) of Divicion 11 of the Vehicle Code § 22650 et seq., and this chapter. (Code 1980, § 8.25.030; Ord. No. 387, § 1(part), 1989) • Page 256 of 496 State law reference—Exclusions and exemptions, Vehicle Code § 22661(b). Sec. 8.25.040. Chapter not exclusive. This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances enacted by the city, the state or any other legal entity or agency having jurisdiction, before or after the effective date of the ordinance codified in this chapter. (Code 1980, § 8.25.040; Ord. No. 387, § 1(part), 1989) Sec. 8.25.050. Administration and enforcement generally. Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the city manager, the code enforcement officer, or their duly authorized designees. In the enforcement of this chapter, such officers and their deputies may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle declared to be a nuisance pursuant to this chapter. (Code 1980, § 8.25.050; Ord. No. 387, § l(part), 1989) Sec. 8.25.060. Removal contracts. When the city council has contracted with, or granted a`t_ranchise to, any person-or-persons, such person or percons shall be authorized to enter upon•pr vate property to remove or cause the removal of a vehicle, or parts thereof, declared to be a nuisance pursuant to this chapter. (Code 1980, § 8.25.060; Ord. No. 387, § 1(part), 1989) Sec. 8.25.070. Authority to determine administrative costs. The city council shall from time to time-determine and fix an amount to be assessed as administrative costs under this chapter. c -,J (Code 1980, § 8.25.070; Ord. No. 387, § 1(part); 5889) Sec. 8.25.080. Authority to cause abatement and removal. N.Upon discovering the existence ()fan abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private'or\public property within the city, the code enforcement officer shall have the authority to cause the:a_'batement and removal thereof in accordance with the procedures prescribed in this chapter. \Y� (Code 1980, § 8.25.080; Ord. No. 387, § 1(part), 1989) Sec. 8.25.090. Notice of intention and removal. A ten-day notice of intention to abate and remove the vehicle, or parts thereof, as a public . nuisance shall be mailed by registered or certified mail to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership or unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof. However, the notice of intention is not required for removal of a vehicle or part thereof that is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than two hunched dollaro ($200.004 by a person specified in Vehicle Code § 22855, and is determined by the city to be a public nuisance presenting an immediate threat to public health or safety, provided that the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof. The notice of intention shall include the following information: A. Title statement: Notice of intention to abate and remove an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof as a public nuisance; Page 257 of 496 B. Name and address of: 1. The owner of the land as shown on the last equalized assessment roll; and 2. The last registered and/or legal owner of record of the vehicle, if known; C. Description of the vehicle (or parts of a vehicle), including make, model, license number, and vehicle identification number, if known; D. Description of the location of the private property or public property where the vehicle (or parts of a vehicle) is located; E. Notice that within ten days of the date of mailing of the notice of intention to abate: 1. Removal of the vehicle (or parts of a vehicle) shall be required; Of 2. A written request for a public hearing may be submitted to the code enforcement officer; or 3. The property owner may submit a sworn written statement denying responsibility for the presence of the vehicle (or parts of a vehicle) on their land, with reasons for such denial, which shall be construed as a request for a hearing at which their presence shall not be required or the property owner may appear in person at such hearing and 4. Failure to remove the vehicle, or failure to/respond sa specified in subsections E.2 or 3 cubdivicionc or 3 of this subsection,.shall grantcthe code enforcement officer the authority to remove and abate the vehicle (or parts of a vehicle) as a public nuisance and assess the costs, along with any administrative costs, to the owner of the land without a public hearing; ��` F. Any interested party may appearin p rsomat•any hearing requested by the owner of the vehicle or the owner of the land wherelthe vehicle is located or, in lieu thereof, may submit a sworn written statement'in time for consideration at such hearing; G. Municipal Code sections Which: `\ 1. Declare the vehicle-(or par-1-.173f a vehicle) to be a public nuisance; and 2. Authorize the removal and abatement of the vehicle (or parts of a vehicle) by the city; H. Name and title of issuing officer; I. , Date of mailing; J. Mailing address of the city and/or abatement authority. (Code 1980; § 8.25.090; Ord. No. 387, § 1(part), 1989) State law reference—Requirement for 10-day notice and removal, Vehicle Code § 22661(c). Sec. 8.25.100. Request for public hearing on question of abatement and removal; notice of hearing; abatement by city when hearing request not filed. A. Upon request by the owner of the vehicle or owner of the land received by the code enforcement officer within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the code enforcement officer on the question of abatement and removal of the vehicle, or parts thereof, as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administrative costs and the cost of removal of the vehicle, or parts thereof, against the property on which it is located: B. If the owner of the land submits a sworn written statement denying responsibility for the presence of a vehicle on his land within such ten-day period, the statement shall be construed as a Page 258 of 496 request for a hearing which does not require his presence. Notice of the hearing shall be mailed, by registered or certified mail, at least ten days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. If such a request for hearing is not received within the ten days after mailing of the notice of intention to abate and remove, the city shall have the authority to abate and remove the vehicle, or parts thereof, as a public nuisance without holding a public hearing. (Code 1980, § 8.25.100; Ord. No. 387, § l(part), 1989) Sec. 8.25.110. Hearing procedures. A. All hearings under this chapter shall be held before the code enforcement officer who shall hear all facts and testimony he or she deems pertinent. The facts and testimony may include testimony on the condition of the vehicle, or parts thereof, and the circumstances concerning its location on the private property or public property. The code enforcement officer shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial. B. The code enforcement officer may impose such conditions and take such other action as deemed appropriate under the circumstances to carry out the-purpose of this chapter. He may delay the time for removal of the vehicle, or parts thereof, if, in his opinion, the circumstances justify it. At the conclusion of the public hearing, the,code ement officer may find that a vehicle, or parts thereof, has been abandoned, wrecked, dismantled or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as hereinafter provided and determine the adininistrative costs and the cost of removal to be charged against the owner of the land. The=order'requiring removal shall include a description of the vehicle, or parts thereof, and the correct identification number and license number of the vehicle, if available at the site. C. If it is determined at theth a ingthat the vehicle was placed on the land without the consent of the owner of the land`nd that_he'has not subsequently acquiesced in its presence, the code enforcement officer shall-not assess the costs of administration or removal of the vehicle against the property upon whichkthe vehicle is located or otherwise attempt to collect such costs from such owner of the land. D. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land but does not appear, or if an interested party makes a sworn written presentation to the code enforcement officer but does not appear, he shall be notified in writing of the decision. (Code 1980, § 8.25.110; Ord. No. 387, § l(part), 1989) State law reference—Denial of responsibility, Vehicle Code § 22661(1). Sec. 8.25.120. Appeal. A. Any interested party may appeal the decision of the code enforcement officer by filing a written notice of appeal with the city clerk, within five days after the decision. B. Such appeal shall be heard by the city council which may affirm, amend or reverse the order or take other action deemed appropriate. C. The clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in section 8.25.090. D. In conducting the hearing, the city council shall not be limited by the technical rules of evidence. Page 259 of 496 (Code 1980, § 8.25.120; Ord. No. 387, § 1(part), 1989) Sec. 8.25.130. Removal of vehicle to scrapyard or dismantler's yard; reconstruction of vehicle. Five days after adoption of the order declaring the vehicle, or parts thereof, to be a public nuisance, or five days from the date of mailing of notice of the decision if such notice is required by section 8.25.110, or 15 fifteen days after such action of the governing body authorizing removal following appeal, the vehicle, or parts thereof, may be disposed of by removal to a scrapyard or automobile dismantler's yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable, , . • : • • • • • : . . ' • • -- . (Code 1980, § 8.25.130; Ord. No. 387 § l(part), 1989) State law reference—Removal of vehicle or vehicle part, Vehicle Code § 22661(f). Sec. 8.25.140. Notice to department of motor vehicles. Within five days after the date of removal of the vehicle, or parts thereof, notice shall be given to the department of motor vehicles identifying the vehicle, oryyparts thereof, removed. At the same time, there shall be transmitted to the department of motor'lvehicles any evidence of registration available, including registration certificates, certificates o/ aril plates. (Code 1980, § 8.25.140; Ord. No. 387, § 1(part), 1989) State law reference—Notice to state department of motaCvehicles required, Vehicle Code § 22661. Sec. 8.25.150. Assessment of costs. If the administrative costs and the cost of removal,whrch are charged against the owner of a parcel of land pursuant to section 825.090 are not paid within 30 thirty days of the date of the order, or the final disposition of an appeal therefrom, such costs shall be assessed against the � - i parcel of land pursuant to Section 38t t3:5`of the Government Code § 38773.5 and shall be transmitted to the tax collector foe collectiThe assessment shall have the same priority as other city taxes. 7 `� \ (Code 1980, § 8.25.150; Ord. No. 387,4 l(part), 1989) Sec. 8.25.160. Parking abandoned or dismantled vehicles. It is unlawful and a misdemeanor for any person to abandon, park, store, leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle, or parts thereof, which is in an abandoned, wrecked, dismantled or inoperative condition upon any private property or public property, not including highways within the city, for a period•in excess of five days, unless such vehicle, or parts thereof, is completely enclosed within a building in a lawful manner where it is not plainly visible from the street or other public or private property, or unless such vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junkyard. (Code 1980, § 8.25.160; Ord. No. 387, § l(part), 1989) Sec. 8.25.170. Failure to remove abandoned vehicle unlawful. It is unlawful and a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this chapter or state law where such state law is applicable. (Code 1980, § 8.25.170; Ord. No. 387, § 1(part), 1989) Page 260 of 496 CHAPTER 8.26.SERVICE CHARGES FOR FALSE ALARM SYSTEMS* • *State law reference—Alarm Company Act, Business and Professions Code § 7590 et seq.; local authority of cities to require that alarm system companies obtain business permits, require alarm agents and operators to register with the city their name and state-issued identification card, regulate false alarm activations and responses, and require owners of alarm systems to obtain a permit to operate the system, Business and Professions Code § 7592.8; false alarms, Penal Code § 148.4. Sec. 8.26.010. Definitions. For the purposes of this chapter, the following definitions shall apply: ArAlarm system means any device designed for the detection of an unauthorized entry on premises or for alerting others of the commission of an unlawful act, which device, when actuated, emits a sound beyond the business premises or residential unit or dwelling protected by such device or transmits a signal or message to another location. &False alarm means an activated alarm or alarm signal from any alarm system which is responded to within the city by the county sheriffs department, but for which no emergency situation exists or where there is no evidence to indicate that there was an emergency situation as determined by the responding officer. The term "false alarm"shall not include those alarms activated by extraordinary meteorological, atmospheric or other conditions or means as determined by the sheriffs department. GFiseal year means the period from and including July 1st of any year to and including June 30th of the following year. fr it &Person means any individual, partnership, corporation or other entity. (Code 1980, § 8.26.010; Ord. No. 409, § l(part),\1990)I Sec. 8.26.020. Response service chafrge � A service charge which is established by resolution of the city council of the city in order to defray costs incurred in providing law enforcement services in response to a false alarm shall be paid to the city, by each person\who possesses premises for each third and subsequent police response made to those premises generated by a false alarm during any fiscal year. • (Code 1980, § 8.26.020; Ord. No. 409, § l(part), 1990) Sec. 8.26.030. Billing. The city's finance department shall cause to be issued'a monthly bill for the unpaid service charges accrued during the billing period and any prior periods. Such bill shall be due and payable within 15 fifteen days after the billing date. (Code 1980, § 8.26.030; Ord. No. 409, § 1(part), 1990) Sec. 8.26.040. Enforcement. The amount of any service charge shall be deemed a debt to the city. An action may be commenced in the name of the city in any court of competent jurisdiction for the amount of any unpaid service charges. All service charges shall be deemed delinquent 15 fifteen days after they are due and payable. (Code 1980, § 8.26.040; Ord. No. 409, § 1(part), 1990) • Page 261 of 496 CHAPTER 8.27. STREET ADDRESS POSTING Sec. 8.27.010. Assignment of street addresses. Street addresses shall be designated and assigned by the community development department, a designated division thereof or other agency in cooperation with the community development department. (Code 1980, § 8.27.010; Ord. No. 418, § 3(part), 1990; Ord. No. 418A, § 1, 1991) Sec. 8.27.020. Posting required; exceptions. A. Street address numbers shall be conspicuously posted and thereafter maintained on each building located in the city. B. Exceptions: 1. Buildings accessory to residential buildings; 2. When street address numbers for a single-family residence would not be visible from the street due to distance from the street or obstruction, numbers may be posted on a post or other independent structure. Such numbers mounted shall otherwise meet the requirements of this chapter. Numbers posted on freestanding mailboxes are acceptably nderthe\provisions of this subsection, provided no more than one mailbox is installed at the same loocation. (Code 1980, § 8.27.020; Ord. No. 418, § 3(part), 1990; Ord. No. 418y 1, 1991) \ Sec. 8.27.030. Size and location of numbers.. All street address numbers posted pursuant toys chapter shall meet the following minimum requirements: A. Numbers shall be no less than four inches in height with a corresponding width; B. Numbers and their background co rs-a e to be of significantly contrasting shades; C. Numbers are to be readily visible-and readable from the street on which the building or buildings front; D. Numbers painted on'cabs are not acceptable as substitute for the requirements of this chapter. \1/4‘� y (Code 1980, § 8.27.030; Ord. No. 418, § 3(part), 1990; Ord. No. 418A, § 1, 1991) Sec. 8.27.040. Multi-building properties. Properties developed with more than one main building and where .visibility of all building street numbers from the street is obstructed or is otherwise unreadable, shall, in addition to the numbering for individual buildings, also be provided with independent structures located adjacent to the street frontage upon which the address numbers have been assigned, showing, in readily visible fashion, the beginning and ending numbers assigned to that parcel. Where numbers are assigned on more than one street frontage, such independent structures shall be provided on each frontage. (Code 1980, § 8.27.040; Ord. No. 418, § 3(part), 1990; Ord. No. 418A, § 1, 1991) Sec. 8.27.050. Street address numbering review. For other than single-family residential properties, location, size, contrast, visibility and mounting of street address numbers for new projects shall be subject to, and a part of, review under the land use and development approval requirements of chapter 17.12 of this Code. • Page 262 of 496 (Code 1980, § 8.27.050; Ord. No. 418, § 3(part), 1990; Ord. No. 418A, § 1, 1991; Ord. No. 855, § 4(attach. 4), 8-1-2012) Sec. 8.27.060. Enforcement. The building and safety division shall be responsible for initial installation of street address numbers required by this chapter. The fire chief of the city fire district shall be responsible for enforcement of maintenance provisions of this chapter. (Code 1980, § 8.27.060; Ord. No. 418, § 3(part), 1990; Ord. No. 418A, § 1, 1991) CHAPTER 8.30. TAXICAB SERVICE* *State law reference—Local regulation of taxicabs, Government Code § 53075.5; seizing unlicensed taxicab, Government Code § 53075.61; authority to regulate taxicabs and vehicles for hire, Vehicle Code § 21100(b);sign required,Vehicle Code§ 27908. Sec. 8.30.010. Definitions. As used in the chapter, the following terms shall have the meanings set forth below: A:Driver means any person driving a taxicab either as owner or under the direction, employment, control, or service of the owner as herein defined , I Owner means every person having control, whe h tright ownership, lease or otherwise of any taxicabs for hire. G:Person means and includes both singular snit;.__ • ural, and means and includes any individual, firm, corporation, association, partner9hi _ .srv....Lly, exclusive of public agencies. PTaxicab means any vehicle designed to c. I. not a ore than eight passengers excluding the driver which is used to provide taxicab se " • 'e• this chapter. &Taxicab service means any public sseng transportation service available for hire on call or demand over the public streets of the c whe the service is not provided over a defined route but between such points and over : •u 'may be directed by the persons hiring the same, and irrespective of whether the • • a• - • tend beyond the area of the corporate limits of the city. (Code 1980, § 8.30.010; Ord. No. , 1(pa , 1992) Sec. 8.30.020. Permit require pr taxicab service. It is unlawful for any person to engage in the business of operating or causing to be operated any taxicab service within the city without having a permit to do so under the provisions of this chapter. (Code 1980, § 8.30.020;Ord. No. 501, § 1(part), 1992). • Sec. 8.30.030. Application for taxicab service permit. Any person desiring to obtain a permit to operate a taxicab service under this chapter shall submit a written application to the business license division of the finance department on an application form provided by the business license division of the finance department. . . . . .: . . . .. . •. . • • . • . . .. . Applications shall be signed under penalty of perjury and shall contain the following information: A. Name, residence address and telephone number of the applicant; B. Business name, address and telephone number of the applicant; C. Number of vehicles to be operated under the permit; Page 263 of 496 D. The make, type, year, manufacturer, and passenger seating of the vehicles to be used by the applicant; E. The proposed color scheme, insignia or other distinguishable characteristics of the taxicab to be used, including the type of illuminated sign to be mounted on the top of the vehicle and legend thereon; F. Evidence of public liability insurance of not less than $1.000,000.00 for each person killed or injured and not less than $1.000.000.00 for death or injury of any two or more persons in any one accident, and for damage to property of at least $1.000,000.00 from any one accident; G. Legal and registered ownership of the vehicles to be used by the applicant; H. Prior experience of the applicant in the taxicab business including the details of any prior denial, revocation or suspension by any public agency of any taxicab service or taxicab driving permit, license or certificate; I. All felony convictions of the applicant and of all persons having an ownership interest in the proposed taxicab service for the previous five years; J. Rates to be charged to the public throughout the ter 6! a any permit issued; . K. Unless otherwise provided by law, evidence. thit ne�.-s ; e. cant has procured workers' compensation insurance covering any and ''drivers to e utilized by the applicant should a taxicab service permit be issued. ' co ipensation insurance will cover all employees with statutory limits. (Code 1980, § 8.30.030;Ord.No.501, § 1(part), 1992; rd.No. 3, 1, 1995) Sec. 8.30.040. Issuance of a taxicab servi • • 't. A. Upon the furnishing of all the ' orma "f n required by section 8.30.030 and payment of the required fee under this chapter, the s ce '' ector shall set a date and time of not less than ten ,E ore '.^i 30 ferty-fivedays thereafter for a public hearing concerning the application to be co. F s :,,fore the city council, and shall give notice of the time so set, at least five business . ' e - the date of said hearing, to the applicant, by certified fErst ela$s U.S. mail, postage pre u : the dress set out in the application, and by publication of the application in a daily newspape general circulation in the city on two different days. B. At the time set for the •earing of the application, the city council may examine the applicant and all persons interested in the matter set forth in said application, and shall determine whether or not the applicant has satisfied all requirements of this chapter and, further, whether or not the public interest, convenience and necessity justify the issuance of the permit. If it be found by the city council that all requirements of this chapter have been satisfied and that the public interest, convenience and necessity justify issuance of the permit, it shall, by motion or resolution, order the finance director to issue a taxicab service permit. Any applicant denied a taxicab service permit shall be notified in writing of such denial and the grounds upon which such denial is based. C. The following factors shall be weighed with the burden upon the applicant to show public need and necessity: 1. The inadequacy of existing taxi services; 2. The population density and socio-economic characteristics in the proposed area of operation; 3. Type and frequency of transportation service needed in the proposed area of operation; Page 264 of 496 4. Existing public transportation patterns, schedules and service levels and the impact of the application upon such service; 5. Traffic and parking conditions; 6. The probable permanence and quality of the services offered by the applicant; 7. The character of taxi service proposed by the applicant as demonstrated by: the proposed use, if any, of a radio communications system, the proposed use of terminals and private and public taxi stands, the time of day and night when service is to be offered, and the proposed number and character of vehicles; 8. The financial status, character and responsibility of the applicant as demonstrated by: the applicant's ability to provide, maintain and operate the number of vehicles proposed to be operated in accordance with the character of service proposed in the application, the applicant's criminal and driving record, if any, as well as credit record and evidence of liability and worker's compensation insurance; 9. The experience of the applicant in taxicab service operations as an owner, manager or taxi driver, as described in section 8.30.030H. of thin chapter. D. Upon receipt of an application and prior to makingoadetermination of public interest, convenience and necessity, each holder of a city-issued taxicab service permit shall be notified in > . writing that an application' has been filed and of the and time of the public hearing to consider said application. `)>' (Code 1980, § 8.30.040; Ord. No. 501, § 1(part), 1992; Ord-No 543 § 2, 1995) Sec. 8.30.050. Grounds for denial or revocation of taxicab service permit. Taxicab service permits shall be deniethor,revokedon the following grounds: A. Failure to maintain vehicles in good and\safe order and in compliance with all laws; 11 B. Any false statement made on-an application submitted under this chapter; C. Failure to pay any fees as required under this chapter; D. Repeated and persistent violation by the permittee or the permit holder's drivers of the traffic laws of the cit'Lcounty of state; E. The employing of a driver.who does not have a valid taxicab driver's permit under the requirements of this chapter; F. Violations of any of the provisions of this chapter by the permit holder; G. Charging rates in excess of the amounts stated in the permit application; H. Conviction of a felony within five years of the date of application where such felony involved fraud or dishonesty by the applicant with respect to any member of the public, or where any taxi owned or operated by the applicant was used in connection with the commission of such felony. (Code 1980, § 8.30.050; Ord. No. 501, § 1(part), 1992) • Sec. 8.30.060. Permit fees. A. Every person engaging in or carrying on the business of taxicab service, or engaged in the activity of driving a taxicab, shall pay an annual permit fee as established by resolution of the city council. Required fees shall be paid at the time an application for a permit is submitted under this chapter. B. Every permit issued under this chapter shall terminate at the expiration of one year from the date of its issuance unless revoked prior to said termination. Any renewal of a permit issued Page 265 of 496 under this chapter shall be pursuant to the same requirements, procedures, provisions and regulations set forth in this chapter for an original permit. A person holding a taxicab service permit may not drive a taxicab without also possessing a taxicab driver's permit. Permits issued under this chapter may not be transferred to any other person. (Code 1980, § 8.30.060; Ord. No. 501, § 1(part), 1992) Sec. 8.30.065. Taximeters required. A. Except as otherwise provided by law, each taxicab shall be equipped with a taximeter that has been inspected and certified by the county division of weights and measures. Each taximeter shall have affixed to it written or other evidence that such taximeter has been so inspected and is currently certified. B. Except as otherwise provided by law, it is unlawful for any person operating a taxicab to operate such vehicle unless it has approved rates conspicuously posted for passenger observation, and unless it is equipped with a taximeter of such type and design as approved by a county division of weights and measures. It shall be the duty of every permittee hereunder using any taximeter to, at all times, keep such meter accurate. Such meters shall be subject to inspection from time to time by any police officer of the city or any authorized inspector delegated to this purpose. Upon the discovery of any inaccuracy of a taximete 1 - permittee shall remove or cause to be removed any vehicle equipped with such taximeter • ,-< streets of the city until such taximeter has been correctly adjusted and certified y the �,ty division of weights and measures. (Code 1980, § 8.30.065; Ord. No. 543, § 3, 1995) Sec. 8.30.070. Taxicab driver's permit requi d. A. It is unlawful for any person to a&,- . : .:.n as a passenger in a taxi within the city, or otherwise provide transportation se °.ices b,' taxi beginning in the city, without having a current taxicab driver's permit issued 'ur-a,:nt to his chapter. B. Notwithstanding subset {, ti 4 f this section, the : : --' -':. : ' . . •.: :'. -• .: finance director may accept current t: car- , hermits issued by another city or county where such city's or county's permittin 1 r eq e , s meet the minimum standards of this chapter and in the director's discretion, prov'' -,.`.r the safety of the residents of the city. In such case, a taxicab driver may operate with that pe in lieu of a permit issued by the city . (Code 1980, § 8.30.070; Ord. No. 501, § 1(part), 1992; Ord. No. 543, § 4, 1995) Sec. 8.30.080. Application for a taxicab driver's permit. A. Any person desiring to obtain a taxicab driver's permit shall submit a written application to the business license division of the finance denartmen : . . -•:. : - --- . The application shall provide requested information, under penalty of perjury, on application forms supplied by the business license division of the finance department administrative sue director regarding the following: 1. Pertinent personal data and proof of possession of a valid Class 3 driver's license issued by the state ifer-nia; 2. Physical condition affecting driving ability; 3. Driving record for three years prior to application, including, but not limited to, any and all convictions of any provisions of the California Vehicle Code; 4. The date and nature of any and all criminal convictions of the applicant for the previous five years; 5. Summary of experience in driving motor vehicles, taxis and/or other vehicles for hire; Page 266 of 496 6. The name and address of the taxicab service by which the applicant will be employed. B. Each applicant shall provide two a-passport size photographs, be fingerprinted by the city police department and a criminal records check shall be conducted on the applicant. The applicant will be required to pay the oleo established fees for such services in addition to the taxicab driver's permit fee. A driver obtaining a permit renewal need not be fingerprinted and photographed if the sheriff determines that such is not necessary for permitting purposes. (Code 1980, § 8.30.080; Ord. No. 501, § 1(part), 1992) Sec. 8.30.090. Grounds for denial or revocation of taxicab driver's permit. A taxicab driver's permit may be denied or revoked on the following grounds: A. The driver does not possess a valid Class 3 driver's license issued by the state, of Ga €ernia,or any other permit or license required by law; B. The driver has been convicted of a crime within the last five years which involved: 1. Fraud or dishonesty with respect to any member of the public; 2. Driving while under the influence of alcohol or d .ugs; 3. Injuries to any member of the public as a resul river's operation of a taxi; 4. Any assault or battery, or other violent b avi r again ., any person; 5. The sale of illegal drugs; C. The driver has been convicted of dri • g a t 'ca ecklessly within the preceding two years; D. The driver has repeatedly and p:• ro,t o ated the traffic law of the city, county or state; E. Within the last five years:Aik 1. The driver has dri . senger in a taxicab which the driver knew or should have known waajiw. in _ +d order and repair; 2. The driver has ed a s of the provisions of this chapter; 3. The driver has c i : :ed any person more than the established rate for taxicab service; 4. The driver has had any permit to operate a taxicab revoked; F. The driver has made false statements on an application submitted under this chapter; • G. The driver is required to register under Penal Code § 290; of to H. The driver has been convicted of a violent felony at any time and the finance director has reasonable cause to believe that such driver continues to constitute a threat to the public health, safety or welfare; I. The driver is not at least 18 years of age. (Code 1980, § 8.30.090; Ord. No. 501, § 1(part), 1992; Ord. No. 543, § 5, 1995) Sec. 8.30.100. Issuance of taxicab driver's permit. -If the city council, or its designee, upon payment of all required fees, submittal of the required application and proof of completion of fingerprinting and photographing, finds that the applicant is duly qualified, in compliance with the provisions of this chapter, and there are no Page 267 of 496 grounds for denial, the applicant shall be issued a taxicab driver's permit. Any applicant denied a permit shall be given written notice of the reasons for the denial. Permits shall remain the property of the city and are not transferable to any other driver. A permit shall be surrendered to the city by the driver upon such driver ceasing to engage in the activity of a taxicab driver. The taxicab driver's permit shall set forth the driver's name and working address. Upon payment of all required fees, the permit shall bear the driver's picture and shall be displayed while the driver is operating the taxicab so as to at all times be easily visible in the passenger's compartment of the taxicab. • . . � . .. (Code 1980, § 8.30.100;Ord. No.501, §,1(part), 1992) Sec. 8.30.105. Requirements applicable to taxica iv s. Each taxicab driver: A. Shall keep an accurate, legible record . all pa-:- n ers carried, the pick up and drop off points, and the date and time carried. "r; reco • shall be available for up to one year for review by the director or designe. * e , B. Shall not, when otherwise avail:,,le for • e, refuse to transport anyone requesting a ride except when the safety h- : or passenger may be jeopardized by such transportation; C. Shall wear a distin • u. , m with an emblem, badge or insignia, and similar color scheme identifyin d ver':, :ssociation with a permitted taxicab service; D. Shall keep the taxicab ood mechanical condition; E. Shall charge only those rates as submitted on the application or such rates as have been approved by the director in writing; F. Shall keep the taxicab in a clean and sanitary condition. (Code 1980, § 8.30.105; Ord. No. 543; § 6, 1995) Sec. 8.30.110. Appeal procedures. Any person denied a permit pursuant to this chapter may appeal to the city council is :, . .. . _. . _ • . • _ . ::•• . . : . - . by filing a written reauest for an administrative appeal hearing with the city clerk within ten days after service of notice of the city council's decision to deny. The city council may hear appeals directly or in its sole discretion may appoint a hearing officer to hear any or all appeal and make a recommendation to the city council. The request for an administrative appeal hearing shall state the reasons why the permit should be granted. Upon receipt of a timely, written request for appeal, the city council shall set a hearing to occur within 45 forty-five days, before the city_council or designated hearing officer. The city council shall render a decision within thirty a reasonable period not to exceed 60 ci days of the conclusion of the hearing. (Code 1980, § 8.30.110;Ord. 501, § 1(part), 1992) Page 268 of 496 Sec. 8.30.120. Revocation of permits. No permit issued under this chapter shall be revoked until notice is provided and a hearing to determine whether there are grounds for revocation shall have been held before the city council or in the city council's sole discretion before a hearing officer appointed by the city council to hear the appeal and make a recommendation to the city council. Notice of such hearing shall be given in writing and served at least ten days prior to the date of the hearing thereon. The notice shall state the grounds of the complaint against the holder of such permit, and shall designate the time and place where such hearing will be held. The notice shall be served upon the permit holder by delivering the same personally or by leaving such notice at the place of business or residence of the permit holder. In the event the permit holder cannot be found, and the service of such notice cannot be otherwise made in the manner herein provided, a copy of such notice shall be mailed, certified postage fully prepaid, addressed to the permit holder at his or her place of business or residence at least ten days prior to the date of such hearing. The decision of the city council shall be final. This chapter shall be enforced by the sheriff of the San Bernardino county. (Code 1980, § 8.30.120; Ord. No. 501, § ](pad), 1992) Sec. 8.30.130. Exemptions. This chapter shall not apply to public transportation service being performed pursuant to a contract with the city or any other public entity in this state. (Code 1980, § 8.30.130; Ord. No. 501, § ](part), 1992) Sec. 8.30.140. Time for compliance by existing taxicab.services and taxicab drivers. Any taxicab service or taxicab driver performing service within the city on the effective date of the ordinance codified in this chapter shall have 60 aixty days from the effective date of the ordinance codified in this chapter to obtain.permits inquired hereunder. (Code 1980, § 8.30.140; Ord. No. 501, § ](part), 1992) Sec. 8.30.150. Penalty for violation-7\ A. Criminal violation.. It shalkbe-unlawful for any person, firm, partnership, or corporation to violate any provision or to'iail to comply with any of the requirements of this chapter. Any person, firm, partnership, or corporation violating any provision of this chapter or failing to comply with any of its requirements shallbe deemed guilty of a misdemeanor and upon conviction thereof shall be punished by fine not exceeding $1.000.00 one thousand dollars or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such 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 of the provisions of this chapter is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable • therefor as provided in this chapter. B. Civil remedies available. A violation of any of the provisions of this chapter 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 abatement of such nuisance. (Code 1980, § 8.30.150; Ord. No. 501, § ](part), 1992) CHAPTER 8.32. INSPECTION GRADING OF FOOD ESTABLISHMENTS Sec. 8.32.010. Regulations governing inspection grading of food establishments adopted. Notwithstanding any other provision of this Code, Ordinance No. 3930 of the County of San Bernardino adding Chapter 11 to Division 3 of Title 3 of the San Bernardino County Code, section Page 269 of 496 33.1401 et seq., as amended, pertaining to inspection grading of food establichmcntc facilities is adopted by reference. (Code 1980, § 8.32.010; Ord. No. 739, § 2(part), 2005) Sec. 8.32.020. Fees. Notwithstanding any provision contained in the San Bernardino County Code, fees required by any provision of Ordinance No. 3930, including section 2 thereof, or any successor ordinance or •provision thereto, _: - E • _: . _:: , • e • .• , _ . ., shall be as established by the board of supervisors of the County of San Bernardino, unless the city council-of the city of Rancho Cucamonga has adopted a fee for the same service or activity, in which case each such city-adopted fee shall be the applicable fee. (Code 1980, § 8.32.020; Ord. No. 739, § 2(part), 2005) Sec. 8.32.030. Penalty. A violation of any of the provisions of Ordinance No. 3930 San Bernardino County Code, section 33.1401 et seq., as amended, adopted by reference in this chapter, shall be a misdemeanor and shall be punishable as provided in chapter 1.12 of title 1 of this .• • P . • -: _. : • _• Ml-Code. (Code 1980, § 8.32.030; Ord. No. 739, § 2(part), 2005) • -CHAPTER 8.36. CURB NUMBERINC?REGULATIONS Sec. 8.36.010. Permit required. No person shall paint, mark, inscribe, or affix any publicly owned or controlled curb, parkway or street any address number without\first obtaining a permit therefor from the city I. l. � engineer. The term "address number, as usecPt this chapter, shall mean the address number assigned to any property regardless he t such property, or any use thereof, is residential, commercial, industrial or otherwise. \ �_ (Code 1980, § 8.36.010; Ord. No. 807(§,1, 22 182009) Sec. 8.36.020. Application/) ,\' Any application for an encroachment permit to paint address numbers on any public curbs shall be signed under penalty o frperjury and filed with the city engineer or designee ("city engineer" herein), and shall include the following: A. The name and business address of the applicant. If the applicant is a partnership, the application shall state the name and address of each of the general partners. If the .applicant is a corporation, the application shall state the name and address of the president of the corporation. If the applicant is a joint venture, the application shall state the name and address of each of the joint venturers. B. A description of the area of the city to be serviced within the permit period and the amount of the donation to be requested per address number. C. The names and addresses of each person who will do the painting. D. The names, home addresses and dates of birth of each person who will make door-to-door solicitations or collections of donations for such services. The applicant will also state whether or not any such person is registered or required to register as a sex offender pursuant to Penal Code § 290, or within the previous ten years has been convicted of any felony involving bodily injury to another or theft from any residence. Page 270 of 496 E. A signed agreement to indemnify, defend and hold the city, its elected officials, officers and employees free and harmless with respect to all claims and liabilities arising out of the applicant's activities in connection with or pursuant to the address painting permit. F. A completion bond or cash deposit in the amount of $250.00 to guarantee completion of any of the work in compliance with this chapter. (Code 1980, § 8.36.020; Ord. No. 807, § 1, 2-18-2009) Sec. 8.36.030. Decision of the city engineer. A. Upon the filing of an application, the city engineer shall have five business days to determine whether the application is complete. If the application is determined to be incomplete, the city engineer shall, within two business days following such determination, give written notice by mail or personal delivery to the applicant advising that the application is incomplete and stating the information needed to complete the application. B. Upon determination that the application is complete, the city engineer shall conduct an appropriate investigation, including consultation with the police, fire, code enforcement and planning departments and inspection of the premises, as needed. Within 45 forty five days after receipt of a completed application, the city engineer shall issue he permit unless he or she finds that the applicant has provided false information, or that any person who will make door-to-door solicitations or collections of donations on behalf of the^applicanIJis registered or required to register as a sex offender pursuant to Penal Code § 290pr within the previous ten years has been convicted of any felony involving bodily injury to another or theft from any residence. Written notice of such denial and the reasons therefor shall-be`maile,dto the applicant. Any permit issued shall be valid for no longer than 90 ninety-days. (Code 1980, § 8.36.030; Ord. No. 807, § 1, 2-18-2009) • Sec. 8.36.040. Standards. A. All curb house numbers shall be of size, color and style conforming to specifications approved by the city engineer and,on file in engineering department of the city. B. Reflective masonry paint shall be used for all numerals and background and shall meet or exceed the curb paint specifications approved by the city engineer and on file in the engineering department of the city. Proof of compliance with this requirement shall be provided to the city engineer prior to commencement painting. C. All numerals shall be located on the curb face not more than one inch from the top of the curb. (Code 1980, § 8.36.040; Ord. No. 807, § 1, 2-18-2009) • Sec. 8.36.050. Service area and permit duration. ArA permit issued pursuant to this chapter shall specify, by street and block numbers, the area of the city to be solicited for the painting of address numbers. The proposed service area shall be approved by the city engineer prior to issuance of the permit. No permit shall be authorized for a service area greater than can reasonably be serviced by the permittee within the period the permit is valid and no more than one permit shall be issued for any one time period for any proposed service area. No permit shall authorize any service area for which an address painting permit has been issued within the previous two years. (Code 1980, § 8.36.050; Ord. No. 807, § 1, 2-18-2009) Sec. 8.36.060. Solicitation of donations. A. Prior to painting the address number upon the curb of any property, the person or company providing such service shall provide written notice to the owner, manager, or occupant of Page 271 of 4% the property stating that it is the intention of such person or company to repaint the address number upon the curb of such property. The notice shall be approved in advance and in writing by the city engineer. The notice shall be delivered in person or by mail to the property, not less than three business days prior to the date such address painting will or is proposed to occur. Such notice shall state: 1. The amount of any suggested donation for such service and shall provide a reasonable means by which the owner, manager or occupant of the property may reject such service or payment therefore; 2. That whether or not to accept the service and make a donation, including the amount of any donation, is strictly voluntary and that failing to reject the service does not create any binding obligation for payment; 3. That the person or business providing the notice has a city permit to provide address numbering service, but such service is not sponsored by or affiliated with the city—ef Rancho Cucamonga; and 4. The permittee's business address, telephone number and full business name. B. The required notice shall be delivered only during daylight hours and shall be placed at or around the front entrance, and shall not be deposited in any mailbox, on any vehicle or in any yard. C. All persons delivering notices, soliciting donations and/or painting address numbers pursuant to this chapter shall at all times wear a name tagg stating the permittee's business name and address, and the bearer's actual name. � \\Y� D. No address shall be painted nor solicitation therefore shall be made unless such address is set forth in a one-month summary of addresses toVbe$ainted and provided to the city engineer at least one week prior to the date such painting is to occur. E. No person shall paint the address\umber or anything else upon the curb of any property, nor solicit any payment or donation from the-owner, manager or other occupant of any property, �f. where the address painting service for such.property has been rejected as provided herein. F. No person shall solicit donations for the painting of address numbers in excess of the amount stated in the written notice delivered to the property in accordance with this chapter. In soliciting such donations, no person-shall trespass or remain upon any private property after being requested by the owner or an occupant of the premises to depart from the property or after any request for a donation has been denied. After being requested to depart from private property following any such solicitation or after being denied any request for a donation, no person shall threaten, coerce or otherwise intimidate any owner, manager or other occupant of the property. G. Each permittee shall maintain written records of all donations received and address numbers painted, and all denials or rejections of address painting services, and shall make the same available for review by the city during normal business hours at the permittee's business address, for not less than one year after provision of each of notice of intent to paint the address. (Code 1980, § 8.36.060; Ord. No. 807, § 1, 2-18-2009) Sec. 8.36.070. Revocation of permits and appeals. A. Revocation notice. The city engineer shall be authorized to revoke any permit for noncompliance with any term, condition or regulation specified in this section or for failure to perform such services within the time period of the permit. Unless immediate suspension pending a hearing is deemed necessary in order to protect the public from a real and immediate risk of harm, then not less than five business days prior to the effective date of any such revocation a notice of revocation containing the reasons therefor shall be provided to the permittee by first class Page 272 of 496 mail or personal delivery to the business address specified in the permit application. Any permittee aggrieved by such revocation may appeal such action to the city manager or designee thereof("city manager") at any time prior to the effective date of such revocation, by filing a letter of appeal with the city engineer. The letter of appeal must actually be timely received by the city engineer to be effective. B. Appeal. Any timely filed letter of appeal shall contain a concise explanation of the grounds for such appeal. Upon receipt of a timely appeal in compliance with this section, the effective date of any revocation shall be stayed during the appeal process, unless immediate suspension pending a hearing is deemed necessary pursuant to subsection A of this section abeve. Within ten business days following the date of such timely appeal, the city manager shall hold a hearing at a date and time set forth in a notice given to the permittee by first class mail or personal delivery not less than three business days prior to the hearing date. Within ten business days following completion of the hearing, the city manager shall issue a written decision and shall provide the same to the permittee by first class mail or by personal delivery. Said decision shall he final and shall become effective upon the earlier of either: 1. (i)The third day following the date of deposit in the U.S. mail, first-class, postage prepaid, to the permittee if the decision is mailed; or • 2. (ii)The date of personal delivery thereof to the permittee. 1980, § 8.36.070; Ord. No. 807, § 1, 2-18-2009 <c)\ • Sec. 8.36.080. Penalties. Any person violating any provision of this chapter shall`6e'guilty of an infraction. (Code 1980, § 8.36.080; Ord. No. 807, § 1, 2-18-2009) CHAPTER 8.40. SALES OF GOODS OR MERCHANDISE FROM VEHICLES Sec. 8.40.010. Definitions. For purposes of this chapter,,the lowing words and terms shall have the meanings set forth below: 1 A7Goods or merchandise.m aans and includes items and tangible things and products of every kind and description, including any food, produce, and/or beverage items. &Hu.nman powered device shall means any device moved by human power, including, but not limited to, any pushcart, wagon, bicycle, tricycle, or other wheeled device or conveyance. &Operator shall means any person or entity owning a ten percent or greater interest in, or operating or otherwise controlling, any business involving the vending of goods or merchandise from a vehicle. For purposes of enforcement of this chapter, any violation of law committed in connection with vending by a vendor, shall be imputed to and deemed to be a violation of the operator on whose behalf or for whose benefit the vendor was vending when the violation occurred. D,Person shall means any natural person, firm, partnership, association, corporation, or other entity of any kind or nature. &Public property shall means any real property, or interest therein, owned, leased, operated, or otherwise controlled by the city of Rancho Cucamonga other than a street, alley, parkway, or sidewalk. F,Vehicle shall means a motor vehicle as defined in the Vehicle Code, of the State of California, utilized or intended to be utilized for the purpose of vending, and shall not include any human powered device. • Page 273 of 496 GVend or vending shall-means the sale or offering for sale of any goods or merchandise to the public from a vehicle on a public street, private street open to the public, or other public property. MVendor shad-means any operator, and/or any employee, independent contractor, or other person acting on behalf of or for the benefit of an operator, who engages in the act of vending or who drives or otherwise operates any vehicle for the purpose of vending therefrom. (Code 1980, § 8.40.010;Ord. No. 808, § 1, 2-18-2009) Sec. 8.40.015. Violations attributable to operator. For purposes of enforcement of this chapter, any violation of law committed in connection with vending by a vendor, shall be imputed to and deemed to be a violation of the operator on whose behalf or for whose benefit the vendor was vending when the violation occurred. (Code 1980, § 8.40.O10C.; Ord. No. 808, § 1, 2-18-2009) Sec. 8.40.020. Conditions and prohibitions. A. It is unlawful for any person to sell or offer for sale, or operate any vehicle or conduct any business for the purpose of causing the sale of, or offering for s::e, any goods or merchandise from any vehicle parked, stopped, or standing upon any public street or private street open to the public, except in accordance with all applicable provision. , ''r-,Po ' e, all state and federal laws and regulations, and in compliance with each of the folly in: requir=..tents: -1:A. Such vending shall be only by means of a vehic _uly registered and licensed by the state e€Galifernia-with an unladen weight of -ss k'' R I six-tikeusand pounds. 2,13. Each vendor shall possess and at all ti. -s disp k y in conspicuous view upon each vehicle the actual business name and ° ''CO d,• 0° n _isber, and a city business certificate license issue, purs t to title 5 of this Code. &C. Each vendor shall possess d , day .'b pon request by any potential customer or city 44. representative, an opera . _-rm`—.sued pursuant to this chapter, or a full, true and correct copy thereof. (Code 1980, § 8.40.020; Ord.No iiil 1, 2009) Sec. 8.40.030. Operator pe A. Any person desiring to o s tain an operator's permit to conduct or otherwise operate the business of vending goods or merchandise from a vehicle pursuant to this chapter shall file an • application with the business license division of the finance department. city finance three+^°. Such application shall be accompanied by a nonrefundable application fee in such amount as established by resolution of'the city council. Any such permit shall be valid for one year from date of issuance. The permit may be renewed annually, subject to filing of a new application and payment of a new application fee. Each permit applicant shall furnish the following information and documentation in the application: 1.-4) The street address where the office of the business is or will be located; 2. (2) The full, true name under which the business will be conducted; 3. (3) The full, true name and any other names used by the applicant; 4.44) The present residence and business addresses and telephone numbers of the applicant, each ten percent or greater owner of the business, and all persons who will act as a vendor for the applicant, whether as an employee, contractor, or otherwise; 5.{5) A detailed description of the goods or merchandise which the applicant will vend; Page 274 of 496 6. (6} The make, body style, year, VIN number, state license plate number, and names and addresses of each registered and legal owner of each vehicle; 7. (7} A description of the logo, color scheme, insignia, and any other distinguishing characteristics identifying applicant's business that will appear on each vehicle; 8.-(83 The name, residential address, and telephone number of the individuals primarily responsible for managing the day to day operation of the vending business and/or performing any vending on behalf of the operator;a 9. (9) Evidence of compliance with the insurance requirements of the California—Vehicle Code as to each vehicle; and 10. (10) Whether or not any vendor of the operator who vends or may vend any products to minors, if the permit is issued, is required to register pursuant to California Penal Code § 290 (sex offenders); or has, within the previous five years, been convicted of any crime involving conduct which requires registration under any state, federal or territorial law similar to and including California Penal Code § 290, or conduct which is a violation of the provisions of any state, federal or territorial law similar to and including California Penal Code §§ 266h, 266i, 314, 315, 316, 318, 647(a),(b), fcl or (d), 647(c) or 647(f) where the violation occurred while vending, or has been con Cited of any crime where the victim was a minor, or of any crime for which the pros u =rte epted a plea to violation of ' California Penal Code § 415, 602, or any lesser.. eluded orelated offense, in satisfaction ' of, or as a substitute for, any of the foregoing'` A..'m4s, or",has been convicted of any crime committed in the course of vending. In �-r .-q.ing if the applicant pled to a lesser included or related offense or any oth-r o" •-ia se lieu of any of the foregoing code sections or crimes, pursuant to any pr.s,•,,'sion othis section, the chief of police, and any person considering this matter on ap 'iay.:consider the underlying facts resulting in the arrest regardless of the charge w 'ch the applicant was convicted. For the purposes of this chapter, the ter ."conviction" means and includes a conviction pursuant to a plea of guilty or nolo n y,,Each applicant shall provide If require by to the business license divisiv> Nth finance department chief ^f ^'�^ the applicant's vendors, and the appJiE_ t , e o she will vend, �ovide a set of fingerprints or be processed by Live_ a,' or ; ilar process to obtain fingerprints, in order to verify criminal background ormation provided and two passport photos. B. The finance director shall be authorized to investigate the truth of the facts set forth in the application. Each application shall be approved or denied within a reasonable amount of time. . • . . . • .. • . • .. '. -. _ . . •. . .. . ' - . - - . . . .! . . . The permit will be• granted unless any substantive fact or representation in the application is found to be absent or false, or if any vendor of the applicant or the applicant acting as a vendor is required to register pursuant to California-Penal Code § 290 or has been convicted within the previous five years of any of the offenses listed in section 8.40.030A.10, or there is substantial evidence present indicating that granting of the permit would likely present a realistic threat to the public health or safety. Any applicant denied a permit will be given written notice of the denial. Such notice shall be given in the manner specified in section 8.40.040. Any applicant denied a permit may appeal the denial by filing a written appeal with the city manager. or his or her designee, within ten business days of the date of the notice of denial. If a timely appeal is filed, the applicant shall be given notice of a hearing to be held before the city manager, or his or her designee, within 30 thirty days of the date of said notice. Following such hearing, the city manager, or designee, may reverse, modify or affirm the decision of the finance director to deny the application. The city manager shall Page 275 of 496 render a decision within a reasonable period not to exceed 60 40 thiFtv-days of the conclusion of the hearing. The decision of the city manager or his or her designee shall be final. C. Each permittee shall notify the finance director, in writing, within ten business days of any change in the required application information. (Code 1980, § 8.40.030; Ord. No. 808, § 1, 2-18-2009) Sec. 8.40.040. Suspension and revocation of permit. A. Any operator's permit may be temporarily suspended or revoked by the finance director for any of the following reasons: 1.4-13 Provision of false information on the permit application. 2.-(2} Failure of the permittee to notify the finance director within ten business days of any change in the information supplied by the permittee upon which issuance of the permit was based, occurring subsequent to the issuance of the permit. 6 There is substantial evidence of a violation by the permittee, any employee, subcontractor of the permittee, or any other person acting on the permittee's behalf, f this chapter or any other lo state, or federal law constituting a misdemeanor or felony while in the course of co uc 'ng vending operations pursuant to the permit. 4.-(4} While in the course of vending, drivin a ehi y a vendor not possessing a valid driver's license, or operation of a vehicle d by police inspection to be unsafe and in violation of the California-Vehicle Co. . 5. (5) The permittee no longer satisfies !e oper•tor permit approval criteria set forth in section 8.40.030B. 6.-(-6-) Vending in any way or nner, of any goods or product, so as to cause an identifiable risk of harm to the p 'c. B. Written notice of suspe.111:r revocation, setting forth the grounds for suspension or revocation, shall be served on t . o •``�' ''•ermittee. The notice shall advise the permittee of the right to file a written appea h- - at a hearing, provided such appeal is filed with the city manager or his or her desi!nlr ithin ten business days of the date of the notice. Upon receipt of a timely appeal, the permittee :11 be given notice of a hearing to be held before the city manager, or his or her designee, ' thin 30 days of the date of said notice. The city manager, or his or her designee, may reverse, modify or affirm the decision of the finance director. Unless immediate suspension is necessary to prevent a significant and immediate risk to the public health and safety, a suspension or revocation shall be stayed until expiration of the appeal period or the decision on the appeal. The city manager or his or her designee shall render a decision within a reasonable period not to exceed_ 60 a -days of the conclusion of the hearing. The decision of the city manager or his or her designee shall be final. C. No person whose permit is revoked shall be eligible to apply for an new permit for a period of one year following such revocation. D. . Notices required or permitted to be served pursuant to sections 8.40.030 or 8.40.040 may be served personally, or by mailing by certified or registered mail with proof of delivery at the residential address of record, or by licensed courier or delivery service with proof of personal delivery, or in any other manner provided by law. (Code 1980, § 8.40.040; Ord. No. 808, § 1, 2-18-2009) Page 276 of 496 Sec. 8.40.050. Sound from vehicles. Any use of amplified sound-making devices, to advertise, draw attention to, or announce the presence of a vendor, shall also comply with all applicable noise and sound regulations effective within the city. (Code 1980, § 8.40.050; Ord. No. 808, § 1, 2-18-2009) Sec. 8.40.060. Prohibited sales. It is unlawful for any vendor or operator to sell any item or thing which is otherwise prohibited from being sold within the city, including, but not limited to, any goods or products not identified in the application for an operator's permit. (Code 1980, § 8.40.060; Ord. No. 808, § 1, 2-18-2009) Sec. 8.40.070. Health permit. Each vendor and operator causing the sale of or offering for sale any produce or other food item for which a food handling permit or other health permit from the county health department is required by law shall possess and at all times display such required permits in conspicuous view upon such vehicle. (Code 1980, § 8.40.070;Ord. No. 808, § 1, 2-18-2009) Sec. 8.40.080. Restricted locations. A. Vending is permitted only on public streets or ate s reets open to the public, and is not permitted in or upon any alley, parkway, side i'. o kind of public property. B. No vending from such vehicle shall be ,-rmitt within 60 oixty feet of any intersection of two or more streets or within 1,000 : - - . _-et e` any public or private elementary,junior high, or high school. C. No vending from such vehicle shall be i,-rmitted at any public park unless the vending occurs as part of a city-sponsored f it Lion`dnd--the vendor has applied for and received a written endorsement on the operator periii`;- °re @aly authorizing such vending. D. For purposes of ve s wi '� any park, this endorsement shall serve as the permit written authorization requireo` i ' suani to section 12.04.010Q of this the Rancho Code. An- endor denied an endorsement may appeal such denial pursuant to section 8.40.0311 -4-this-chapter. (Code 1980, § 8.40.080; Ord. No. 808, § 1, 2-18-2009) • Sec. 8.40.090. Trash. A! Each vehicle shall be equipped with a trash receptacle of a size adequate to accommodate all trash and refuse generated by vending therefrom. B. Each vendor shall pick up and deposit in the trash receptacle on the vehicle all paper, cups, wrapper, litter, or other refuse of any kind that was a part of the goods or merchandise supplied from the vehicle and which has been left or abandoned within 25 twenty-five-feet of such vehicle on any public property, other than in a trash receptacle provided for such purposes. No person shall dispose of any trash or refuse from vending operations in any such public or private trash receptacle other than a trash receptacle owned, operated, or otherwise provided by and under the control of the vendor or operator. (Code 1980, § 8.40.090; Ord. No. 808, § 1, 2-18-2009) Page 277 of 496 Sec. 8.40.100. Conditions and duration of stops. A. No vending shall be permitted for a period of time in excess of ten minutes in any one location. Such vehicle must be moved a distance of not less than 100 no^ d—feet between consecutive stops where vending occurs. • B. No vehicle shall be parked, stopped, or left standing in any manner which blocks or impedes vehicular access to any driveway or restricts the free movement of other vehicles upon the public street. C. No vending shall be permitted until the vehicle has been brought to a complete stop and lawfully parked adjacent to the curb. (Code 1980, § 8.40.100; Ord. No. 808, § 1, 2-18-2009) Sec. 8.40.110. Hours of operation. Vending is permitted only between the hours of 8:00 a.m. and 6:00 p.m. of any day. (Code 1980, § 8.40.110; Ord. No. 808, § 1, 2-18-2009) Sec. 8.40.120. Exemptions. The requirements of this chapter shall not apply to: A. Any person delivering any goods or merchandise_by vehicle where such goods or merchandise have been ordered in advance forte uch delivery from any business located at a permanent location. B. Any person vending where such person ha buthorized to engage in such activity by a permit, lease, real property license, agreement, or other entitlement issued by the city, state or federal government for such-purpose: C. Any person exempted from the,provisions of this chapter by any local, state or federal law, regulation or statute. (Code 1980, § 8.40.120; Ord. No. 808, § 1, 2-18-22009) . CHAPTER 8.42. MAINTENANCE'OF FORECLOSED AND ABANDONED RESIDENTIAL, COMMERCIALLAND INDUSTRIAL PROPERTIES Sec. 8.42.010. Findings, purpose and intent. The city council finds, determines and declares that: A. The presence of vacant or abandoned residential, commercial or industrial properties can lead to neighborhood decline. B. The presence of vacant or abandoned residential, commercial or industrial properties can create an attractive public nuisance. C. The presence of vacant or abandoned residential, commercial or industrial properties can contribute to lower property values. D. The presence of vacant or abandoned residential, commercial or industrial properties can discourage potential buyers from purchasing property adjacent to or in neighborhoods with such vacant, abandoned properties. E. In many instances, the lenders and trustees in foreclosures fail to adequately maintain and secure these vacant residential, commercial or industrial properties. F. It is the purpose and intent of the city council in enacting this chapter, to protect the public health, safety and welfare of the city and its citizens by protecting its residential, Page 278 of 496 commercial and industrial neighborhoods from decline and depreciation, and preventing unsafe conditions. G. It is the further purpose and intent of the city council in enacting this chapter, to establish a registration program for properties that are vacant or abandoned, due to foreclosure or otherwise, as a mechanism to protect neighborhoods from becoming blighted due to the lack of adequate maintenance and security of abandoned properties. (Code 1980, § 8.42.010; Ord. No. 810, § 1, 3-18-2009) Sec. 8.42.020. Definitions. For the purposes of this chapter, certain words and phrases used in this chapter are defined as follows: Abandoned means a condition in which a property is vacant or distressed. Accessible means capable of being accessed through a compromised or insecure gate, fence, wall, or entrance, or unsecured or capable of being breached so as to allow access to the interior space of a structure by unauthorized persons. Agreement means any agreement or written instrument which provides that title to residential property shall be transferred or conveyed from one owner to another owner after the sale, trade, transfer or exchange of said property. Assignment of rents means an instrument that transfers the beneficial interest under a deed of trust from one lender or entity to another. Beneficiary means a lender party of a note spur deed of trust. Buyer means any person or entity who agrees to transfer anything of value in consideration for property described in an agreement forAsale:of said:property. Days means consecutive calendar days. Deed of trust means an instrument)by which title to real estate is transferred to a third party trustee as security for a real estate 1oan._In the state of California, the term "deed of trust" is used instead of the term "mortgagor" This d`fimtion applies to any and all subsequent deeds of trust (i-e., 2nd trust deed; 3rd trust deed, etc.).' Deed in lieu of foreclosure or sole means a recorded document that transfers ownership of a property from the trustor to the holder of a deed of trust upon consent of the beneficiary of the deed of trust. Default means the failure to fulfill a contractual obligation, monetary or conditional. Distressed means a condition in which a property: A. Is in receipt of a current notice of default or notice of trustee's sale; B. Is the subject of a pending tax assessor's lien sale; • C. Is the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure; or D. Is transferred under a deed in lieu of foreclosure or sale. Evidence of vacancy means any condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is vacant. Such conditions include, but are not limited to, conditions violating property maintenance standards set forth in this Code, any unsecured entrances, broken windows, overgrown or dead vegetation, accumulation of newspapers, circulars, flyers or mail, past due utility notices or disconnected utilities, accumulation of trash, junk or debris, the absence of window coverings such as curtains, blinds or Page 279 of 496 shutters, the absence of furnishings or personal items at a residence, consistent with residential habitation, statements by neighbors, passersby, delivery agents, government employees, utility employees, or others who regularly observe the property, that the property is vacant. Foreclosure means the process by which a property, placed as security for a real estate loan, is sold at auction to satisfy the debt if the trustor defaults. Landscape maintenance requirements means any and all landscape requirements and standards applicable to the property pursuant to this the Rancho Cucamonga Municipal Code. In addition to acceptable types of live or artificial lawn grass landscaping authorized by said Code, for maintaining property pursuant to this chapter may utilize a non toxic, biodegradable, grass simulate lawn grass, which shall be applied to existing dead grass or other plant material by a professional contractor having any and all permits and licenses required by law to perform such service. Such authorized green spray paint or other substance may be used for a maximum of six months from the date of first application, unless the property remains unoccupied and a written extension, not to exceed three months per extension, is obtained from the planning director The authorized green spray paint or other substance shall_be applied during the initial six month period, and any periods of extension, as needed, to maintain the original color and color intensity. Local means within 80 eighty miles of the subject-pr operty. Notice of default means a recorded notice thata defaultehas occurred under a deed of trust and that the beneficiary intends to proceed with a trustee's sale. Out of area means in excess of 80 eighty miles oft subject property. Owner means any person or entity havinta legal or equitable title or any interest in any property. Owner of record means the person currently having record title to the property at the San Bernard-ino county recorder's office'\ Property means any real\p or perty;for portion thereof, upon which any structure is located, situated in the city, designed<orkpermitted to be used for residential, commercial or industrial purposes, and shall include all buildings and structures located on such property. This includes any real property being offered for sale, trade, transfer, or exchange as "residential" whether or not it is legally permitted or zoned as such. Securing means such measures as may be directed by the building official or his or her designee that render the property inaccessible to unauthorized persons, including, but not limited to, the repairing of fences and walls, chaining or padlocking of gates, the repairing of doors, windows or other openings. Trustee means the person, firm or corporation holding a deed of trust on a property. Trustor means a borrower under a deed of trust, who deeds property to a trustee as security for the payment of a debt. Vacant means a condition of property in which any building or structure thereon is not legally occupied. (Code 1980, § 8.42.020; Ord. No. 810, § 1, 3-18-2009) Sec. 8.42.030. Recordation of transfer of loan or deed of trust; assignment of rents. Within 30 thirty days of the purchase or transfer of a loan or deed of trust secured by property located in the city of Rancho Cucamonga, the new beneficiary or trustee shall record, with the San Page 280 of 4% Bernardino county recorder's office, an assignment of rents, or similar document, that lists the name of the corporation or individual, the mailing address and contact phone number of the new beneficiary or trustee responsible for receiving payments associated with the loan or deed of trust. (Code 1980, § 8.42.030; Ord. No. 810, § 1, 3-18-2009) Sec. 8.42.040. Registration. A. Upon default by the trustor, any beneficiary or trustee who holds a deed of trust on a property located within the city of Rancho Cucamonga shall perform an inspection of the property that is the security for the deed of trust, prior to recording a notice of default with the San Bernardino county recorder's office. If the property is found to be vacant or shows evidence of vacancy, it is, by this chapter, deemed abandoned and the beneficiary or trustee shall, within 30 thirty days of the inspection, register the property with the building official or his or her designee on forms provided by the city. B. The registration form shall contain the name of the beneficiary or trustee, whether a corporation or an individual, the direct street or office mailing address of the beneficiary or trustee (no P.O. boxes), a direct contact name and phone number for the beneficiary or trustee, and, in the case of a corporation or out-of-area beneficiary or trustee, the local property management company responsible for the security, maintenance and marketing of the property. C. A registration shall be valid for one year from the date-the) registration form is received by the city. Subsequent registrations are due annually for as long, ,the property is abandoned. D. This chapter shall also apply to properties that have been the subject of a foreclosure sale where the title was retained by the beneficiary of a deedo&trust involved in the foreclosure or transferred under a deed in lieu of foreclosure or sale . E. Property shall be subject to thiseehap r:s requirements as long as any such property remains vacant. (`C \) F. Any person, firm or corporation that has registered a property under this chapter must report, in writing, p g, any change of information contained in the registration within 30 thirty days of the change to the building.offici 1. (Code 1980, § 8.42.040; Ord. No!810,'§ 1, 318=2009) Sec. 8.42.050. Maintenance quirements. A. All vacant properties within the city shall he kept free of weeds, dry brush, dead . vegetation, trash, junk, debris, building materials, any accumulation of papers or documents, except those required by federal, state or local law, and discarded personal property, including, but not limited to, furniture, equipment, machinery, inoperable vehicles, clothing, appliances, printed materials or any other items that contribute to the appearance that the property is abandoned or that constitute evidence of vacancy. B. All vacant properties shall be maintained free of graffiti, tagging or similar markings by removing or painting over the graffiti with an exterior grade paint that matches the color of the exterior of the structure. C. Visible front and side yards and setback areas shall be landscaped and maintained according to the standards and landscape maintenance requirements set forth in this the R roho Cucamonga Municipal Code and applicable land use approvals for the property. Maintenance required for visible front and side yards and setback areas also includes, but is not limited to, regular watering, cutting, pruning and mowing of landscape and removal of all yard trimmings. Page 281 of 496 D. Pools and spas shall be secured in a safe and lawful condition with approved fences and devices as required by the city's building code. Pools and spas shall be drained and kept dry or kept in working order so that the water remains clear and free of pollutants and debris. E. All properties within the city shall be maintained in such a manner so as not to constitute a public nuisance as described and prohibited in sections 8.23.050 or e€-8.23.060. e€thie F. Nothing in this chapter shall be deemed to excuse any violation of any other provision of this Code pertaining to maintenance or security of property or structures. G. In addition to acceptable types of live or artificial lawn grass landscaping authorized by said this Code, and with the prior written approval of the city planning director. any person or entity responsible for maintaining property pursuant to this chapter may utilize a non-toxic, biodegradable, grass-colored green spray paint or substance specifically designed and manufactured to be used to simulate lawn grass, which shall be applied to existing dead grass or other plant material by a professional contractor having any and all permits and licenses required by law to perform such service. Such authorized green spray paint or other substance may be used for a maximum of six months from the date of first application, unless the property remains unoccupied and a written extension. not to exceed three mont• :.43er extension, is obtained from the planning director. The authorized green spray paint or other :ub-. ,:.,!ce shall be applied during the • initial six-month period, and any periods of extension, a - •, maintain the original color and color intensity. (Code 1980, §§ 8.42.020(d), 8.42.050; Ord. No. 810, § 1, 3- 0 Sec. 8.42.060. Security requirements. A. All vacant and abandoned propert'e- ,, th city shall be maintained and secured in such a manner so as not to be accessible • una' ;a o ed persons. Sufficient security includes, but is not limited to, the closure and locking windf• s, doors, gates and any other opening of such size that it may allow a child to acc--,, h- - .-_'sr of the property, its buildings or its structures, and, when necessary, the replace.,., re-glazing of windows. B. If the property is o•.. b• , corporation or out-of-area beneficiary, trustee or owner, such out-of-area beneficia , , e or • ner shall hire a local property management company or other responsible person to mo a a •r the property for compliance with this chapter. C. The property shall be p•:ted with the name and 24-hour contact phone number of the local property management company or other responsible person in a manner sufficient to allow an individual to contact and notify the local property management company or other responsible person of any problems or concerns regarding the property. The posting shall be placed on the interior of a first floor window'facing the street so that it is visible from the street, or secured to the exterior of the building or structure facing the street to the front of the property so that it is visible from the street, or otherwise as directed by the building official or designee. (Code 1980, § 8.42.060;Ord. No. 810, § 1, 3-18-2009) Sec. 8.42.070. Additional authority. In addition to the enforcement remedies established in this Code or otherwise by law, the building official or his or her designee shall have the authority to require the beneficiary, trustee, owner, or owner of record of any property subject to this chapter to implement additional maintenance or security measures, including, but not limited to, securing any and all doors, gates, windows or other openings, installing additional security lighting, increasing on-site inspection frequency, or other measures as may be reasonably required to prevent the decline of the condition or appearance of the property. Page 282 of 496 (Code 1980, § 8.42.070; Ord. No. 810, § 1, 3-18-2009) Sec. 8.42.080. Enforcement. A. The city manager or his or her designee, including, but not limited to, police officers, code enforcement officers, or other enforcement officials shall have the authority to enforce the provisions of this chapter. B. Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction shall be punished as set forth in chapter 1.12 of this the Rancho Cucamonga Municipal Code. C. Any person who violates any provision of this chapter shall be subject to the enforcement remedies set forth in chapter 1.12 of this the Rancho Cucamonga Municipal Code. D. Nothing in this chapter shall be intended to limit any of the civil, administrative or criminal remedies available to the city, nor shall it be intended to limit the city from engaging in efforts to obtain voluntary compliance by means of warnings, notices, administrative citations or educational programs. (Code 1980, § 8.42.080; Ord. No. 810, § 1, 3-18-2009) • CHAPTER 8.44. PARADES AND ASSEMBLIES* *State law referenceAuthority to temporarily close a potion of street Vehicle Code § 21101(e); persons riding in back of truck in a parade, Vehicle Code § 231 l6(1);Rsound:amplification devices in parades, Vehicle Code§ 27007; permit for vehicular floats or displays in lawfullirfde, Vehicle Code § 4003(b). Sec. 8.44.010. Permit required. No person shall engage in, conduct, or_carry on the activity of a parade or assembly upon a public street or any other public place thatNdoes not comply with normal and usual traffic regulations and controls and inhibits the usual flow of vehicular or pedestrian traffic without a permit issued. The permit may authorize use of sound amplifying equipment in conjunction �-, with a parade or assembly without-an additional permit issued. `,.\\, P---- (Code 1980, § 8.44.010; Ord. No. 8-19„§ 1; 8-17=2011; Ord. No. 851, § 1(8.44.010), 11-16-2011) Sec. 8.44.020. Definitions 8-Y The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 1 Assembly means any meeting, demonstration, picket line, rally, gathering, or group of 100 or more persons having a common purpose, design, or goal, upon any public street, sidewalk, alley, park, or other public place, which assembly substantially inhibits the usual flow of pedestrian or vehicular travel or which occupies any public area, other than a "parade,” as defined in this section. Parade means any march, demonstration, procession, motorcade, or promenade consisting of persons having a common purpose, design, or goal, upon any public place, which march, demonstration, procession, motorcade, or promenade does not comply with normal and usual traffic regulations or control. (Code 1980, § 8.44.020; Ord. No. 849, § 1, 8-17-2011; Ord. No. 851, § 1(8.44.020), 11-16-2011) . Sec. 8.44.030. Exemptions. A. The following types of events are exempt from the permit application provisions of this chapter chall not apply: 1. Funeral processions. Page 283 of 496 2. Spontaneous parades or assemblies occasioned by news or affairs coming into public knowledge within three days of such parade or assembly, provided that the organizers thereof give written notice to the city at least 24 twenty four hours prior to such parade or assembly. Such written notice shall contain all of the following information: a. The name, address and telephone number of the petsen or=persons seeking to conduct the parade or assembly, who shall be considered a permittee for the purposes of this chapter; b. The name, address and telephone number of the headquarters of the organization, if any, and of the organizer or responsible head of such organization, by whom or on whose behalf the parade or assembly is proposed to be conducted; c. The name, address and telephone number of the person who will chair the parade or assembly and who will be responsible for its conduct; d. The location and date of the proposed parade or assembly, including the assembly area, disbanding area, and the route to be traveled; • e. A good faith estimate of the approximate number of persons who will be participating in the parade or assembly; f. A good faith estimate of the approximate number_of-persons who will be observing the parade or assembly, if known; L-- y g. The time at which the parade or assembl' will start and conclude; h. The type of security or other arrangements$hat will be provided to ensure that participants are properly directed; and '') YY i. A statement to he signed by/th`permitt e that he or she will hold harmless and indemnify the city, of Rancho Cucamonga, its elected officials, officers, employees and agents from any damage s which may arise as a result of the conduct of the parade or assembly. �\ B. The city manager or the city,manager's designee shall deny permission of a spontaneous t� parade or assembly by makinga finding pursuant to cubcection A of section 8.44.050A within 18 eighteen hours after submis ion of the notice pursuant to eubscetion A.2 of section 8.44.030A_2. If such a finding cannot be made, the permit shall be automatically approved. C. If permission is denied, the city manager or city manager's designee shall immediately provide notice of the denial, including the relevant finding pursuant to cubocetion A of section 8.44.050A, in all of the following manners: 1. By telephone to the permittee; 2. By written notice to the permittee; and 3. If the permittee provides a fax number, by fax. (Code 1980, § 8.44.030; Ord. No. 849, § 1, 8-17-2011; Ord.No. 851, § 1(8.44.030), 11-16-2011) Sec. 8.44.040. Application for permit. A. A person seeking issuance of a permit pursuant to this chapter shall file an application with the city manager or the city manager's designee on forms supplied by the city. B. The application shall be filed with the city manager or the city manager's designee in accordance with the following time limitations: 1. Not less than four days prior to the date of the parade or assembly if the parade or assembly is proposed to take place in whole or in part on, in or along the roadway portion (other than within crosswalks) of the following streets in the city of Rancho Cucamonga: Page 284 of 496 Fourth St., Arrow Rt., Foothill Blvd., Church St., Base Line Rd., 19th St., Carnelian St., Archibald Ave., Hermosa Ave., Haven Ave., Milliken Ave., Day Creek Blvd., Etiwanda Ave.; 2. Not less than four days prior to the date of the parade or assembly if the parade or assembly is proposed to take place in whole or in part on, in or along the roadway portion (other than within crosswalks) of any other street in a commercial zone within the city;of R..nelte Cueamanga. 3. Not less than three days prior to the date of the parade or assembly if the parade or assembly is proposed to take place in a residential zone, or outside of the roadway in a commercial zone, but within the sidewalk or any other portion of the public right-of-way; or 4. Not less than two days prior to the date of the parade or assembly if the parade or assembly is proposed to take place in whole or in part on, in or along any park or other publicly owned traditional public forum in the city of Rancho Cucamong^ not governed by subsections B.1 through B.3 of this section. C. The application shall include, but shall not be limited to, the following information: 1. The name, address and telephone number of the perseri-mi-persons seeking to conduct the parade or assembly, who is the.permittee for the mirpo o£lthis chapter; 2. The name, address and telephone number of,the headquarters of the organization, if any, and of the organizer or responsible head of such organization, by whom or on whose behalf the parade or assembly is proposed o be conducted; \\ r 3. The name, address and telephone number of the person who will chair the parade or assembly and who will be responsibleTfor its conduct; 4. The location and date of the proposed parade or assembly, including the assembly area, disbanding area, and the route to.be traveled; 5. An estimate of the approximate number of persons who will be participating in the parade or assembly; 6. An estimate of the approximate number of persons who will be observing the parade or assembly; 7. The time when the parade or assembly will start and conclude; 8. The type of security or other arrangements that will be provided to ensure that participants are properly directed; 9. The minimum and maximum speeds that the parade is to travel, if applicable; 10. The maximum number of platoons or units, if any, in the parade or assembly, and the maximum and minimum interval of space to be maintained between the units of such parade or assembly; 11. The maximum length of such parade or assembly in miles or fractions thereof; 12. The number and type of vehicles in the parade or assembly, if any; 13. Whether any of the participants in the parade or assembly will be wearing any type of mask or other face covering; 14. A statement to be signed by the permittee that he or she will hold harmless and indemnify the city ,.e Ranch,. Cu, mong, its elected officials, officers, employees and agents from any damages which may arise as a result of the conduct of the parade or assembly for which the permit is sought; and • Page 285 of 496 15. Written permission from a private property owner's for his or her property to be used for the purpose of parade or assembly set up or dispersal, if applicable. D. Within 24 twenty four hours of the submission of the application, the city manager or the city manager's designee must notify the applicant, in writing, whether the application is complete. If no such notice is given within 24 twenty four hours after submission, the application will be deemed to be complete. (Code 1980, § 8.44.040; Ord. No. 849, § 1, 8-17-2011; Ord. No. 851, § 1(8.44.040), 11-16-2011) Sec. 8.44.050. General criteria for issuance or denial of permission or a permit. A. The city manager or city manager's designee shall issue a permit if an application is submitted as required by section 8.44.040, or shall grant permission for a noticed parade pursuant to cubccetion B of section 8.44.030B, unless there is a finding of any of the following: 1. False information. The information contained in the notice or application is intentionally misleading or false; 2. Simultaneous events. The parade or assembly is proposed to take place in the roadway portion of any street in a commercial zone between the hours of 8:00 a.m. and 10:00 a.m. or between the hours of 4:00 p.m. and 6:30 p.m., Monday through Friday, unless the parade or assembly will occur on a national holiday; 3. Traffic and pedestrian safety conflicts. a. The parade or assembly is proposed for a time nd location for which another parade or assembly permit has been previ "sly ssu d;y b. The parade or assembly will require the simultaneous closure of the roadway portion of more than two streets thaxon\in a,ge erally north and south direction between the hours of 7:00 a.m. and 5:00 p.m�, Monday through Friday, or between the hours of 10:00 a.m. and 6:00 p.m. on Saturday, unless the parade or assembly will occur on a national holiday; c. The parade or assembll-require the simultaneous closure of the roadway portion of more than two=streets that run generally in an east and west direction between the hours of 7:O0,a m. and/8:00 p.m., Monday through Friday, or between the hours of 10:00 a.m. andN6:00 p.m. on Saturday, unless the parade or assembly will occur on a national holiday;\)>''' d. The parade or assembly, by itself or in combination with other parades or assemblies, will require closure of the roadway portion of any street in a commercial zone for more than three hours in any one day between the hours of 7:00 a.m. and 8:00 p.m., Monday through Friday; e. The proposed route or location of the parade or assembly traverses a street or other public right-of-way that was scheduled for maintenance, construction or repair prior to the application for that parade or assembly permit, and the conduct of the parade or assembly would interfere with such maintenance, construction or repair or the maintenance, construction or repair would represent a threat to the health or safety of the participants in the parade or assembly; 4. The proposed area for the assembly or for the set up or dispersal of a parade could not physically accommodate the number of participants expected to participate in the parade or assembly, as reflected in the application completed submitted pursuant to oubseetien Ge section 8.44.040C; or Page 286 of 496 5. The parade or assembly would result in a violation of any federal, state or local law or regulation. B. If the city manager or the city manager's designee makes a finding pursuant to subsection A of this section, he or she shall deny permission or a permit to conduct the parade or assembly. C. As a condition of the issuance of a permit under the provisions of this chapter, the city manager or the city manager's designee may require that the parade or assembly be limited to a portion of the width of the street or right-of-way upon which the applicant seeks to conduct the parade or assembly, provided that such limitation does not limit or interfere with the conduct of the parade or assembly or cause the parade or assembly to violate any other provision of this chapter or any other federal, state or local law or regulation. (Code 1980, § 8.44.050; Ord. No. 849, § 1, 8-17-2011; Ord. No. 851, § 1(8.44.050), 11-16-2011) Sec. 8.44.060. Nondiscrimination. The official designated by the city to act on permit applications shall uniformly consider each application upon its merits, shall not discriminate in granting or denying applications, and shall not deny any permit based upon a subject matter or viewpoint expressed in the parade or assembly. (Code 1980, § 8.44.060; Ord. No. 849, § 1, 8-17-2011) Sec. 8.44.070. Notice of issuance or denial of permit. A. The city manager or the city manager's designshall approve or deny the permit application within the following time limitations, and shall notify in writing the applicant of the action taken: 1. If the permit is sought under the provisions of subsection 8.44.040B.1 or B.2, within two days after submission of the application;or 2. If the permit is sought udderr the provisions of cubsection 8.44.040B.3 or B.4, within 24 twenty four hours after submission-of the application. �th mot.. B. If the permit is denied, the notice of denial shall set forth the findings for denial pursuant to ouboection A of section 8.44" 50/A. (Code 1980, § 8.44.070; Ord. No. 84�§;1, 8-17-2011) ■ Sec. 8.44.080. Interference with parade or assembly. No person shall knowingly: A. Join or participate in any parade or.assembly conducted under permit from the city in . violation of any of the terms of said permit; or B. In any manner, interfere with the progress or orderly conduct of a permitted parade or assembly. (Code 1980, § 8.4.1.080; Ord. No. 849, § 1. 8-17-2011; Ord. No. 851, § 1(8.44.080), 11-16-2011) Sec. 8.44.090. Prohibitions. A. The following prohibitions shall apply to all demonstrations, rallies, picket lines, parades and assemblies: 1.A, It shall he unlawful for any person to ride, drive, or cause to be ridden or driven any animal or any animal drawn vehicle upon any public street, unless specifically authorized by a permit. Page 287 of 496 2.14: It shall be unlawful for any person to carry or possess any projectile launcher or other device which is commonly used for the purpose of launching, hurling, or throwing any object, liquid, material or other substance. 3.G It shall be unlawful for any person to carry, possess or wear any gas mask or similar device designed to filter all air breathed and that would protect the respiratory tract and face against irritating, noxious or poisonous gases. 4.14-It shall be unlawful for any person to fail to abide by the instructions of a traffic control officer given for the purpose of accommodating traffic, including emergency vehicles, through and across a parade, demonstration, rally, picket line or assembly. 5.& It shall be unlawful for any person to ignite and/or burn any open flame device, bonfire, recreational fire, cooking fire, warming fire, sign, flag or effigy without first obtaining a permit from the fire district. An open flame device includes, but is not limited to, a candle, portable or stationary torch, road flare or fuse, fuel fired lantern, signal flare or sky lantern but not a candle smaller than 12 inches in height. B. Nothing in this section shall prohibit a disabled person from carrying a cane, walker, or similar device necessary for providing mobility so that the person may participate in a demonstration, rally, picket line, parade or assembly. (Code 1980, § 5.44.09.0; Ord. No. 849, § 1, 5-14-2011; Ord. No. 851,,§1(8A4:090). 11-16-2011) Sec. 8.44.100. Content of permit. A. The city manager or city manager's designee-shall,state in the parade or assembly permit all of the required information provided in the approved application pursuant to cubccction C of section 8.44.040C. The parade or assembly permit shall also state any condition imposed pursuant to cubccction C of section 8.44.050C. B. The chairperson of the parade or; assembly, as designated in the application, shall at all times during the parade or assembly,-including during assembly and dispersal, keep and maintain a copy of the permit upon his or her person. C. The permittee shall advise all participants in the parade or assembly of the terms and conditions of the permit prior to the commencement of the parade or assembly. \\� (Code 1980, § 8.44.100; Ord. No. 849;,§ 1, 8-17-2011) Sec. 8.44.110. City's costs to be paid by person or organization responsible for parade or . assembly. A permittee under the provisions of this chapter shall reimburse the city for all traffic control costs incurred in connection with diverting traffic due to the closure of streets. These costs shall be established by the city council by resolution. No fee shall be charged based upon the need for security or increased police protection due to the nature of the parade or assembly. (Code 1980, § 8.44.110; Ord. No. 849, § 1, 8-17-2011) Sec. 8.44.120. Violation. Any violation by the permittee or any participant in a parade or assembly of the terms or conditions of a parade or assembly permit issued pursuant to this chapter or of a parade or assembly notice pursuant to section 8.44.030 is a misdemeanor. (Code 1980, 0.44.120; Ord. No. 849, § 1, 8-17-2011) Sec. 8.44.130. Judicial review. Any permittee may seek judicial review of any decision made pursuant to this chapter. (Code 1980, § 8.44.130; Ord. No. 849, § 1, 8-17-2011) Page 288 of 496 CHAPTER 8.46. ABATEMENT OF WEEDS AND CERTAIN OTHER FIRE HAZARDS* *State law reference—Abatement of nuisances, Government Code § 38771 et seq.; authority to adopt an ordinance for the abatement of nuisances, Government Code §§ 39501, 39502; alternate procedures for abatement of nuisances, Government Code §§ 39560, 39561; abatement of noxious weeds and fire hazard weeds, Government Code § 39561.5 et seq.; abatement of hazardous weeds and rubbish, Health and Safety Code § 14875 et seq. Sec. 8.46.010. Definitions. For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meaning set forth in this section. The word "chall" is always mandatory and not merely directory. B-Combustible vegetation means: A.-f-Tumbleweeds (Russian Thistle). B.2, Dead trees, either standing or downed. C.& Dead limbs, plant material, and debris of plants and trees. D.4-Dry grasses over four inches in height. E.5- Dry invasive or noxious weeds. F.& Chaparral. . • &Fire chief means the chief of the Rancho'Cucamonga'Fire Protection District or his/her designee. \` / I,Fire district means the Rancho Cucamonga F.ire.Erotection District. :Fire hazard means: A.-1 Combustible vegetation. B.3. Limbs and undergrowth u' P.to!six feet off the ground in Eucalyptus windrows. C.& Chaparral within 5O ' f et'of any structure or within 30 feet of any public or private road and/or utility and)flood control access roads. D.4:Any unenclosed pile of yard clippings, leaves, or tree trimmings placed on the ground and deemed by the fire chief to be a fire hazard. • E.S:Any other condition of property involving vegetation, plant, or tree material defined or described in the California state fire code, as adopted and amended by the city, as a fire • hazard. &Owner means, collectively and individually, any fee owner, tenant, or person or entity in lawful control of, or any other person or entity having or owning a possessory interest in, private real property. The word Shall is always mandatory and not merely directory. (Code 1980, § 8.46.010; Ord. No. 832, § 2, 8-18-2010) Sec. 8.46.020. Duty to abate fire hazards. Every owner of private real property within the boundaries of the city of Rancho Cu amonga shall abate all fire hazards from such property, including sidewalks, parkways, trails, and easements on such property unless the easement is under the sole control of another person or entity, as determined by the fire chief. All such fire hazards are declared to be a public nuisance as to which the costs of abatement, as more fully described herein, may be specially assessed as Page 289 of 496 provided in Health and Safety Code §§ 14902 and 14912 et seq., or otherwise as provided by law. The procedures for abatement of fire hazards set forth herein are not exclusive, but are in addition to any and all other procedures set forth in this Code for the abatement of nuisances and fire hazards. (Code 1980, § 8.46.020; Ord. No. 832, § 2, 8-18-2010) State law reference—Collection of expenses to abate the fire hazard, Health and Safety Code § 14915 et seq. Sec. 8.46.030. Notice to abate. A. The city council hereby authorizes the fire chief, whenever he or she deems necessary, to enforce the provisions of this chapter and to issue a notice to abate fire hazard by posting the property or serving the notice by any or all of the following methods: 1. By mailing a notice to the fee owner at the address shown on the latest tax roll and to the affected property if a mailing address is available. Note: The notice must be served by • certified mail before a special assessment may be imposed against the property. 2. By personally serving the fee owner of the property shown on the latest tax roll. Written notice shall be mailed by first class mail to, or personally served upon, any tenant or person, other than the fee owner, actually occupying the property:The failure of the fee owner to actually receive such notice shall not affect the power ofthe fire district to proceed as provided in this part, nor shall it invalidate the assessment against-the subject property. B. The notice to abate fire hazard shall include;at minimum, the following information: 1. Description of fire hazards. 2. List of locations, and parcel numbers ofaffected property. 3. Due date by which abatement mustpleted. 4. Appeal rights. 5. Fee owner's name and addx (assessor parcel and/or site address). (Code 1980, § 8.46.030; Ord. No..832>§ 2, 8- 2010) Sec. 8.46.040. Means of abatement. A. Fire hazards shall be abated by removal and/or elimination of the fire hazards. • B. Abatement fol. undeveloped parcels where the combustible vegetation is more than 50 fifty-percent chaparral can be accomplished by the removal of all vegetation that is within 50 fifty feet of any structure, including structures op adjacent parcels; removal of all vegetation to a , distance of 30 thirty feet from property lines and adjacent roads; removal of all dead and dying tree and plant material and noxious weeds; and maintaining grasses to a maximum height of four inches. C. In the case of any parcel or contiguous parcels under the same ownership upon which exist over ten continuous acres of chaparral vegetation constituting a fire hazard, the duty to abate fire hazards may be satisfied if there is cleared, and maintained cleared, a 100-foot wide strip of land at the boundaries of such land, and through such land so that there shall not be any portion of the land larger than five acres which is not enclosed by such strip or strips. The 100-foot wide strip required herein shall be in compliance provided vegetation thereon is reduced to 50 fifty percent of the naturally occurring density. When the parcel or contiguous parcels are adjacent to a road, removal of all vegetation to a distance of 30 thirty feet from the edge of the road is required. (Code 1980, § 8.46.040; Ord. No. 832, § 2, 8-18-2010) Page 290 of 496 Sec. 8.46.050. Immediate hazard. A. When, in the opinion of the fire chief, an extreme fire hazard exists which constitutes an immediate threat to public health, safety, and welfare, and it is deemed necessary by the fire chief to abate such hazard as promptly as possible, said fire hazard shall be removed or abated within 72 ccvcnty two hours of the posting of the notice to abate on the affected parcel or within 72 ccvcnty two hours of receiving by mail the notice to abate. B. Nothing herein shall authorize the entry upon private property not otherwise open to the public, without the owner's consent or possession of an abatement or inspection warrant unless the fire chief determines that there is an immediate and eminent threat of injury or death to any person if immediate action is not taken. (Code 1980, § 8.46.050; Ord. No. 832, § 2, 8-18-2010) Sec. 8.46.060. Enforcement. A. If, at the end of the time allowed for compliance in the original notice to abate a fire hazard, or as extended in cases of appeal or the granting of a ten-day extension, compliance has not been accomplished, the fire chief may enter upon the property and abate any fire hazards found thereon. In the event an appeal has been filed by the owner and denied by the hearing officer, the fire chief may then enter upon the property and abate any fire hazards found thereon in accordance with this chapter. Noncompliance requirii ng re rre r spection shall result in the assessment of an inspection fee in such amount as established by_a�esolution of the fire district. Nothing herein shall authorize the entry upon private prheoperty not otherwise open to the public, without the owner's consent or possession of an 'abatemen'or. inspection warrant unless the fire chief determines that there is an immediate and eminent'thieat of injury or death to any person if immediate action is not taken. B.t,A ten-day extension for compliance may be sent when the fire chief has determined that the owner has completed greater than 51\fifty onepercent of the abatement. In such event, a ten- day extension for compliance shall be:mailed-to the owner and shall include a revised due date for compliance. C.&Abatement of the fire=hazards may, at the discretion of the fire chief, be performed by contract awarded to the lowest responsive bidder following competitive bidding by the city or district, as required by the public contract code and/or city or district purchasing ordinance. The contractor shall keep and submit>h itemized written report for each separate parcel of land as described in Government Code § 39574. (Code 1980, § 8.46.060; Ord. No. 832, § 2, 8-18-2010) Sec. 8.46.070. Payment for inspections and abatement of fire hazard. • A. When abatement is completed by a private contractor, the fire chief shall present to the owner a demand for payment by mailing a statement to the owner that includes the actual cost of the abatement plus administrative and inspection fees as established by resolution of the fire district. B. If payment is not received within 30 thirty days after mailing the statement, the fire chief shall certify to the county assessor the amount remaining unpaid, together with the information required by law in such cases. The county assessor shall cause the amount of the same to be entered upon the tax roll for the property on which abatement was performed, and the same shall be a special assessment which shall be included in the next property tax statement. Thereafter, the amount of the assessment shall be collected at the same time and in the same manner as property taxes are collected, and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ordinary property taxes. • • Page 291 of 496 C. In addition to entering the unpaid amount on the property tax roll for the property, the fire district is authorized to place a lien on the property to ensure reimbursement of abatement costs in the event the property is transferred or conveyed to a bona fide purchaser for value prior to the date on which the first installment of such taxes would be due. D. All or any portion of any such assessment or cost heretofore entered shall, on order of the hearing officer or city finance director, be canceled by the San Bernardino county assessor if uncollected, or refunded by the county treasurer if collected, provided the hearing officer or finance director determines that the assessment and/or costs were entered, charged or paid: 1. More than once; 2. Through clerical error; 3. Through error or mistake of the hearing officer, finance director, or the fire chief in respect to any material fact, including the case where the cost report rendered and confirmed as herein before provided shows the fire district or private contractor abated the fire hazard, but such is not the actual fact; 4. Without legal authority; or 5. As to property acquired after the lien date by the state of California, or by any county, • city, school district, or political subdivision, and is therefore not subject to sale for • delinquent taxes. �\\\ (Code 1980, § 8.46.0700; Ord. No. 832, § 2, 8-18-2010) Sec. 8.46.080. Appeal procedure. A. The owner may appeal the det emination of the existence of a fire hazard and/or the assessed fees and costs related to the abatement`of a fire hazard to the hearing officer, as specified in subsection C of this section, within the,\time provided for compliance with the order, by timely submitting a written appeal to the city clerk> >/ B. The appeal must be accompanied-by an appeal fee as established by resolution of the fire district. Said fees are refundable.11 r the owner prevail. C. The appeal shall be heard by the hearing officer who shall be the person designated by the city and/or the fire district to hear appeals on administrative citations. • I). A written appeal of a notice to abate a fire hazard must be actually received by the city clerk within 20 twenty days of the date that the notice was mailed. An appeal of the assessed fees shall be made within 20 twenty days of the date that the notice to abate or statement of costs, as applicable, was mailed. The owner's failure to appeal the notice and/or assessed fees and costs within 20 twenty days of the date that the notice or statement was mailed shall constitute a waiver of the right to an appeal. The city clerk shall immediately forward all appeals to the fire chief. E. Upon receipt of a timely appeal, the fire district shall set the matter for hearing with the hearing officer and shall notify the appellant of the hearing date at least ten days prior to such date. The hearing shall be set for a date not less than 15 fifteen days nor more than 60 oixty days after the appeal is received. F. The hearing officer shall issue a written decision no later than 15 days after the date on which the hearing concludes. The hearing officer can issue one or more of the following determinations: 1. A fire hazard did or does not exist. 2. The re-inspection fee was improperly assessed and is not payable by the owner. Page 292 of 496 3. The administrative fee was improperly assessed and is not payable by the owner. 4. The cost of abatement was improperly assessed and is not payable by the owner. 5. Although properly assessed, the fee and/or cost shall be reduced to a specific amount in order to not exceed actual cost recovery for the inspection and abatement of the fire hazard. 6. All costs were properly assessed. G. If the hearing officer sustains the appeal in its entirety and/or cancels all assessed costs and fees, the fire district shall refund all costs and fees, including the appeal fee, within 30 thirty days. H. If the hearing officer reduces costs assessed for the inspection and abatement of the fire hazard, the appeal fee shall not be refunded to the owner. I. The decision of the hearing officer shall be final. (Code 1980, § 8.46.080; Ord. No. 832, § 2, 8-18-2010) Sec. 8.46.090. Violations. A. It shall be a misdemeanor for any owner to fail to perform the duty set forth in section 8.46.020 of this chapter, or to fail to comply with a notice `to_abate fire hazard, as set forth in sections 8.46.040 and/or 8.46.050 of this chapter, or to interfere with�the performance of the duties of the fire chief herein specified, or to refuse to allow the'fire chiefior approved private contractors to enter upon any premises for the purpose of abating fire_hazards or to interfere in any manner with the work or removal herein provided. {� \57 B. Violations are punishable as provided in chapter 1.12 of this Municipal Code, and may include the iss au nce offadministrative citations as provided in said chapter. (Code 1980, § 8.46.090; Ord. No. 832, § 2,.8-.18-2010)_ • CHARTTER:8.50. SHOPPING CARTS Sec. 8.50.010. Purpose and t.k‘7, A. The city has determined that the unauthorized removal of shopping carts from retail establishments and their subsequent abandonment on public and private properties creates visual blight and potential hazards to the health, safety, and welfare of the public, interferes with pedestrian and vehicular traffic, and constitutes a nuisance. B. It is the intent of this chapter to regulate, in accordance with and in addition to Business and Professions Code § 22435 et seq.;the removal of shopping carts from the premises or parking areas of retail establishments. (Code 1980, § 8.50.010; Ord. No. 841, § 1, 5-18-2011) Sec. 8.50.020. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: A7Business owner means the owner or operator of a commercial establishment that provides shopping carts for use by its customers for the purpose of transporting goods of any kind on or about its premises. I3Parking area means a parking lot or other property provided by a business owner for use by a customer for parking an automobile or other vehicle. The parking area of a retail establishment Page 293 of 496 located in a multi-store complex or shopping center shall include the entire parking area used by the complex or center. &Preniises means the interior of a business owner's establishment, adjacent walkways, any loading area, and the parking area, as defined herein. PShopping cart means a basket that is mounted on wheels or a similar wheeled device used in a retail establishment by a customer for transporting goods. (Code 1980, § 8.50.020; Ord. No. 841, § 1, 5-18-2011) • Sec. 8.50.030. Shopping cart identification signs. Business owners shall permanently affix vandal-resistant identification signs to each shopping cart on its premises. The identification sign shall conspicuously set forth all of the following information: A. The name and address of the business owner and premises; B. A valid telephone number or address for notifying the business owner for purposes of returning the shopping cart if found off of the business owner's premises; C. Notice to the public that the unauthorized removal oLa1shopping cart from the premises, or the unauthorized possession of a shopping cart, isc violation of state law. D. Notice to the public of the procedure to be utilized for authorized thorized removal of the shopping cart from the premises. (Code 1980, § 8.50.030; Ord. No. 811, § 1, 5-18-2011) Sec. 8.50.040. Business owner obligation to ,prevent the removal of shopping carts from premises. _ A- All business owners shall implement effective measures to prevent and discourage the removal of shopping carts from their premises. In furtherance thereof, business owners shall comply with the following require`t;2 A.4- Business owners shall post and_maintain signs at each customer pedestrian exit on the premises, in one orimor l e languages, providing notice that customers may not remove shopping carts f omNtheVpremi es without written authorization and that unauthorized removal of shopping carts from the premises is a violation of state law. The signs shall be conspicuously and prominently displayed to be clearly visible at each customer • pedestrian exit on the premises. • B. Shopping carts may not be utilized off of a business owner's premises without the business owner's written consent. C.& Upon receipt of telephonic or written notification from the city or any person that a shopping cart belonging to a business owner has been found off of the business owner's premises, the business owner shall retrieve such shopping cart within 48 forty eight hours of receipt of such notice. (Code 1980, § 8.50.040; Ord. No. 841, § 1, 5-18-2011) Sec. 8.50.050. City powers not limited by this chapter. Nothing in this section is intended to limit the ability of the city to remove or dispose of any cart to which a cart identification,sign is not attached, or to remove or dispose of any cart which impedes the provision of emergency services, or which is an immediate threat to public health and safety, to the full extent permitted by state law. (Code 1980, § 8.50.050; Ord. No. 841, § 1, 5-18-2011) • Page 294 of 496 Sec. 8.50.060. Enforcement. A. The city manager or his or her designee, including, but not limited to, police officers, code enforcement officers, or other duly authorized enforcement officials of the city shall have the authority to enforce the provisions of this chapter. B. Any person who violates any provision of this chapter is guilty of a misdemeanor, and shall be subject to the enforcement remedies set forth in chapter 1.12 of this th anche Cucamonga Municipal Code. C. Nothing in this chapter shall be intended to limit any of the civil, administrative or criminal remedies available to the city, nor shall it be intended to limit the city from engaging in efforts to obtain voluntary compliance by means of warnings, notices, administrative citations or educational programs. (Code 1980, § 8.50.060; Ord. No. 841, § 1, 5-18-3011) • 0 • 10 . . . . • . . Page 295 of 496 Title 9 PUBLIC PEACE, MORALS AND WELFARE* *State law reference—Crimes and punishment, Penal Code § 25 et seq. CHAPTER 9.04. WEAPONS* *State law reference—Registration and licensing of firearms preempted to the state, Government Code § 53071; regulation of manufacture, sale or possession of imitation firearms preempted to the state, Government Code § 53071.5; discharge of firearms at dwelling houses and similar places, Penal Code § 246; shooting firearms from or upon public roads or highways, Penal Code § 374c; firearms, Penal Code § 12001 et seq.; deadly weapons control, Penal Code § 17500 et seq. Sec. 9.04.010. Discharging firearms prohibited. It is unlawful to fire or discharge, or cause to be fired or discharged, within the city any firearm, rifle, pistol, shotgun, cannon, air rifle, air gun, B.B. gun, pellet gun, gas operated gun, spring gun, or any weapon designed to discharge any dangerous missile; provided, however, the provisions of this section shall not apply to peace officers when acting in the line of duty, and, provided further, that this section shall not apply to any person otherwise lawfully acting in the due protection of life or property. a (Code 1980, § 9.04.010; Ord. No. 60, § 1, 1979) Sec. 9.04.020. Discharging arrows prohibited. It is unlawful for any person to discharge, release, or.shoot any arrow or shaft from any bow, crossbow, or similar device within the city except upon a\range or other area approved by the city • council for such activity. (Code 1980, § 9.04.020; Ord. No. 60, § 2, 1979) Sec. 9.04.030. Possession of weapons by minors. person It shall be unlawful for any under the age of 18 eighteen years to have in his or her possession, custody, or control any\of�the weapons described in sections 9.04.010 and 9.04.020 unless he or she either posses validCalifornia state hunting license or is accompanied by a parent or guardian. Y\y (Code 1980, § 9.04.030; Ord. No. 60,§.3, 1979) Sec. 9.04.040. Violation; penalty Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $500.00 five hundred dollar or by imprisonment in the county jail not exceeding six months, or by both such fine and ' imprisonment. (Code 1980, § 9.04.040; Ord. No. 60, § 4, 1979) CHAPTER 9.08. CERTAIN NUDE CONDUCT PROHIBITED* *State law reference—Indecent exposure, Penal Code § 314; authority to adopt ordinance prohibiting or regulating such activity, Penal Code §§ 318.5, 318.6. Sec. 9.08.010. Nude conduct in establishments serving alcoholic beverages unlawful. It is unlawful for any person who acts as a waiter, waitress, or entertainer, whether or not the owner of the establishment in which the activity is performed employs or pays any compensation to such person to perform such activity, to expose his or her breast, at or below the areola thereof, genitals or buttocks in an establishment which serves alcoholic beverages for consumption on the premises of such establishment. • Page 296 of 496 (Code 1980, § 9.08.010; Ord. No. 200-B, § 1(part), 1983) Sec. 9.08.020. Procuring nude conduct in establishments serving alcoholic beverages unlawful. It is unlawful for any person to permit, procure, counsel or assist another person who acts as a waiter, waitress, or entertainer, to expose his or her breast, at or below the areola thereof, genitals or buttocks in an establishment which serves alcoholic beverages for consumption on the premises of the establishment. (Code 1980, § 9.08.020; Ord. No. 200-B, § 1(part), 1983) Sec. 9.08.030. Penalty for violation. Every person who violates the provisions of section 9.08.010 or 9.08.020 is guilty of a misdemeanor. (Code 1980, § 9.08.030; Ord. No. 200-B, § 1(part), 1983) • Sec. 9.08.040. Exceptions. This chapter shall not apply to a theater, concert hall, or similar establishment which is primarily devoted to theatrical performance. All the words used in this chapter which are also used in California Penal Code §§ 318.5 and 318.6 are used in the-same sense and mean the same as the same respective words used in Penal Code §§ 318.5 318.6. • (Code 1980, § 9.08.040; Ord. No. 200-B, § 1(part), 1983) CHAPTER 9.12. PICTURE ARCADES r Sec. 9.12.010. Definitions. The following words, terms antiphrases, used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: " A.As used in this chapter, the phrace Motion picture includes videotape and television. B.Ac uced in this chapter, "Picture:arcade means any place to which the public is admitted wherein one or more coin-operted orslug-operated, or electrically, electronically or mechanically controlled, still or motion pictureVmachmes or projectors are maintained to show still or motion pictures to five or fewer persons per machine at any one time. Vy (Code 1980, § 9.12.010; Ord. No. 207, § 1(part), 1983) Sec. 9.12.020. Interior design requirements: No person, either as owner or lessee, or as employee, agent, partner, director, or officer of owner or lessee,• Than operate or maintain any picture arcade unless the entire interior of the premises wherein the still or motion pictures are viewed is visible upon entrance to the premises. No partially or fully enclosed booths or partially or fully concealed booths shall be maintained. (Code 1980, § 9.12.020; Ord. No. 207, § 1(part), 1983) Sec. 9.12.030. Violations; misdemeanors. Any person violating any of the provisions of section 9.12.020 shall be guilty of a misdemeanor. (Code 1980, § 9.12.030; Ord. No. 207, § 1(part), 1983) • Page 297 of 496 Notwithstanding any other provision in this chapter, picture arcades which were lawfully in existence in the city on June 1, 1983, shall have until December 31, 1983, •to be brought into compliance with the interior design requirements of Section 9.12.020. (Code 1980, § 9.12.010; Ord. No. 207, § 1(part), 1983) CHAPTER 9.16. CONSUMPTION OF ALCOHOL IN PUBLIC PLACES Sec. 9.16.010. Definitions. As used in this chapter, the terms "alcoholic beverage" and "alcoholic beverages" shall have the meaning set forth in Section 23004 of the California Business and Professions Code § 23004, as the same presently exists, or as the same may be amended from time to time. (Code 1980, § 9.16.010; Ord. No. 282, § 4(part), 1985; Ord. No. 283, § 2(part), 1986) Sec. 9.16.020. Consumption of alcoholic beverages in public places prohibited. It is unlawful for any person to consume any alcoholic beverage while upon any public street, alley, way, sidewalk or parkway, whether in a motor vehicle or otherwise, within the city. (Code 1980, § 9.16.020; Ord. No. 282, § 4(part), 1985; Ord. No. 283, § 2(part), 1986) • Sec. 9.16.030. Penalties for violation of chapter. It is unlawful for any person to violate any provision oftthis chapter. Any person violating any • provision of this chapter shall be deemed guilty of=azmisdemeanor, and, upon conviction thereof shall be punished by a fine not exceeding $1,000 00 one thousand dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment. (Code 1980, § 9.16.030; Ord. No. 282, § 4(part)1(1985;•r -No. 283, § 2(part), 1986) CHAPTER 9.18. MISCELLANEOUS OFFENSES It is unlawful for any persoii i; n a\ma n r not otherwise prohibited by California Penal Codc § 597 to tease, haraso, agitate pro'voke, beat, kick, strike, injure, or in any way interfere with any dog being used by any law enforcement officer in the performance of his or her official duties. • other substance which is used in such a manner as to be capable of producing injury and Page 298 of 496 both a fine and imprisonment. (d) Any person who, in violation of this cection, and with the intent to inflict that injury, receives an enhancement under Penal Code, § 12022.7. (c) In any case in which d defendant is convicted of a violation of this section, the defendant n • killed, and the salary of the peace officer for tilt' period of time his or her services are loot (Code 1980, § 9.18.010; Ord. No. 282, § 5(part), 1985; Ord.No 283,, §'3(part), 1986) upon an animal used in law enforcement, Penal Code§'C00.r.„/ Sec. 9.18.012. Trespasses upon private property prohibited. A. No person shall remain upon any private property or business premises after being requested by the owner or lessee or other,person in charge to leave the property or premises. B. No person, without permission, express or implied, of the owner or lessee or other person in charge of private property'o'business premises, shall enter upon such private property or business premises after having\een notified by the owner or lessee or other person in charge thereof to keep off or keep away from. C. Exceptions. This section shall not apply in any of the following instances: 1. Where its application results in or is coupled with an act prohibited by the Unruh Civil • Rights Act or any other provision of law relating to prohibited discrimination against any person on account of color, race, religion, creed, ancestry or national origin; 2. Where its application results in or is coupled with an act prohibited by Penal Code § 365 or any other provision of law relating to duties of innkeepers and common carriers; 3. Where its application would result in interference with or inhibition of peaceful labor picketing or other lawful labor activities; 4. Where its application would result in interference with or inhibition of any other exercise of a constitutionally protected right of freedom of speech, including, but not limited to, peaceful expressions of political or religious opinions, not involving conduct otherwise prohibited by the California Penal Code; or 5. Where the person who is upon another's private property or business premises is there under claim or color of legal right. This exception includes, but is not limited to, the • • Page 299 of 496 following types of situations involving disputes wherein the participants have available to them practical and effective civil remedies: a. Marital and post-marital disputes; b. Child custody or visitation disputes; c. Disputes regarding title to or rights in real property; d. Landlord and tenant disputes; e. Disputes between members of the same family or between persons residing on the property concerned up until the time of the dispute; f. Employer-employee disputes; • g. Business type disputes such as those between partners; h. Debtor-creditor disputes; and i. Instances wherein the person claims rights to be present pursuant to order, decree or process of a court. (Code 1980, § 9.18.012; Ord. No. 408, § 1, 1990) Sec. 9.18.014. Public urination and defecation prohibited. No person shall urinate or defecate in or upon any,public st�sidewalk, alley, park, public building or publicly maintained facility, or in any place\\open tOcthe public or exposed to public view, except in a toilet, urinal or other receptacle=provided in any restroom, bathroom or other facility designed for the sanitary disposal of human wasteiThis section shall not apply to any person who cannot comply due to disability, age, or a medical condition substantiated by a physician. (Code 1980, § 9.18.014; Ord. No. 700, § 1, 2003) State law reference—Urination or defecation;•Penal Code § 311.3. Sec. 9.18.015. Prohibition of unauthorized access in area of Cucamonga Canyon. A. No person shall enter ro r main ii pon any private land in the area of Cucamonga Canyon pis . li without having written permission from�he owner of such lands, or the owner's agent, authorizing such entry onto such private lands. B. For the purpose of this section, the term "the area of Cucamonga Canyon" means any and all private property within the corporate boundaries of the city north of Almond Street, west of the northerly terminus of Sapphire Street. C. The terms and provisions of this section shall not apply to the following: 1. The owner of such lands, or owner's agent, together with persons having visible or lawful business with the owner, agent or person in lawful possession; 2. Any federal, state or local law enforcement, fire protection or safety personnel; 3. Any public utility or related service personnel while actively engaged in the performance of such public utility or related service; 4. Any fenced and privately owned land. containing structures, dwellings or other improvements of an owner or person in lawful possession of such property; and 5. The area of the forest service access easement to the San Bernardino National Forest commonly known by the name "Big Tree Road." (Code 1980, § 9.18.015; Ord. No. 372, § 3, 1988) Page 300 of 496 Sec. 9.18.020. Penalties for violation of chapter. It is unlawful for any person to violate any provision of this chapter. Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00 one thoucand dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment. (Code 1980, § 9.18.020; Ord. No. 282, § 5(part), 1985; Ord. No. 283, § 3(part), 1986) CHAPTER 9.19. ABATEMENT OF CERTAIN NUISANCES STREET GANGS* *State law reference—Street Terrorism Enforcement and Prevention Act, Penal Code § 186.20 et seq. Sec. 9.19.010. Purpose and intent. The city has determined that certain activities which have been identified as public nuisances under ctatc law Penal Code § 186.22a are present and occurring in structures and places within the city. State law provides for the enjoining, abatement and prevention of such nuisances. The city desires to supplement the general laws relating to the abatement of such public nuisances by establishing a process whereby such nuisances may be abated by a voluntary cooperative effort between the city and the owner of the property whereon such public nuisances are occurring. The procedures established in this chapter describe and establish this process and further make provision for obtaining judicial relief in circumstances where It abatement is not achieved. (Code 1980, § 9.19.010; Ord. No. 422, § 2(part), 1990) State law reference—Public or private nuisance, Penal Code § 6.22a; places used for unlawfully selling, etc., controlled substances, etc., declared nuisance, Health an d•Saf�y-Code § 11570. Sec. 9.19.020. Definitions. As applicable to this chapter, the follower terms:shall have the definition ascribed to them as follows: \Ul A "Criminal git activities means any--misdemeanor or felony as defined by local, state or • federal laws, including, but not limited to, the offenses set forth in Penal Code §§ 186.22a and 186.22(c). BCrinainal street gang-3ays the means, as defined in Penal Code § 186.22(0, any ongoing organization, associat '1 h ion or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more criminal acts, as specified in cubccction Penal Code § 186.22(e), which has a common name or common identifying sign or symbol, whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity. • ' (Code 1980, § 9.19.020; Ord. No. 422, § 2(part), 1990) • • State law reference--Similar provisions, Penal Code § 186.22. Sec. 9.19.030. Public nuisances to be abated; procedures. A. Every structure or place used for the purposes of criminal activity by criminal street gang, gangs, or individual members thereof, or each building or place wherein or upon such criminal activity takes place, or as defined in Penal Code § 186.22a, is a public nuisance and may be abated as set forth herein :- - ' - -:, . .. • B. Every structure or place used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing or giving away any controlled substance, precursor and analog specified in state law, and every building or place where such activity occurs, or as is defined in Health and Safety Code § 11570, is a public nuisance and may be abated as set forth in this section. Page 301 of 496 C. Abatement procedures as set forth in state law which, respectively, relate to Penal Code § 186.22a, or Health and Safety Code § 11570, may be commenced by the city attorney as set forth in this section. (Code 1980, § 9.19.030; Ord. No. 422, § 2(part), 1990) • Sec. 9.19.040. Allegation of nuisance investigation. A. Written allegations. Any person may submit to the chief of police written allegations regarding the existence of a nuisance as defined herein at a specific structure or place. Such written allegations shall be factual in nature and provide specific details which serve to support the allegations. Notwithstanding the foregoing, the police department, or any code enforcement agency of the city, may identify a structure or place which is believed to be a nuisance as defined herein. B. Investigation of allegations. 1. The police department shall investigate all allegations regarding the existence of the nuisance utilizing appropriate investigative procedures. Such investigation may include, but is not limited to, a review of calls for service for nuisance-related activities, statements or admissions of the property owner or occupants of the subject structure or place and declarations from adjacent property owners or occupants. 2. The chief of police shall determine if the results of the instigation warrant proceeding to nuisance abatement hearing. a. If a nuisance abatement hearing is determined to be justified, the chief of police, or i N\ \v his designee, shall proceed as set forth in section 9.19.050. b. If a nuisance abatement hearing_is not found to be justified, a written notice of such decision shall be mailed by first class mail to the party who' submitted the written allegations. cK. N (Code 1980, § 9.19.040; Ord. No. 422, (part), 1990) Sec. 9.19.050. Nuisance abatementhearing. A. When the chief of police has determined that a nuisance abatement hearing is justified, he shall establish a date, time and place for such hearing. B. Notice of the hearing shall be sent by certified mail to the owner(s) of record of the property, at the address as shown on the last equalized tax assessment roll, and to the party who filed the allegations. 1. The notice shall be sent not less than ten calendar days prior to the date established for such hearing. . 2. The notice shall contain the following: a. Identification of the street address and assessors parcel number of the subject; b. Identification of the alleged nuisance and the evidence in support thereof; c. A description of the hearing process and the rights of the property owner; d. An explanation of the alternative civil abatement process; and e. A description of the appeal process. (Code 1980, § 9.19.050; Ord. No. 422, § 2(part), 1990) Sec. 9.19.060. Hearing procedure. A. General provisions. Page 302 of 496 1. The city manager, or his designee, shall serve as the nuisance abatement hearing officer. 2. The hearing officer shall have the power and duty to administer oaths and affirmations and to certify to official acts. 3. The hearing shall be recorded by means of audio-tape recording or any such other means as the hearing officer deems appropriate. 4. All persons presenting oral testimony shall be sworn prior to taking such testimony. 5. All written evidence shall be signed and dated by the person submitting the same. B. Presentation of evidence. 1. Each party may call and examine all witnesses, present evidence, rebut any evidence presented against the party and be represented by anyone the party may choose. 2. All relevant evidence shall be admitted and considered by the hearing officer, whether such evidence be oral or written. Irrelevant or repetitious testimony shall be excluded by the hearing officer. C. Decision of hearing officer. 1. The hearing officer shall, not more than five working days after the hearing, render a written decision which shall, on the basis of the evidence as presented, determine the existence or nonexistence of the alleged nuisance. 2. If a nuisance is found to exist, the hearing officer shall describe the nuisance with particularity and shall specify a time frame for the voluntary abatement of the nuisance by the property owner by any lawful means. Further, the decision shall explain the civil abatement alternative if voluntary abatement fails to abate the nuisance. • 3. The written decision shall be sere n the owner and interested parties by certified mail. (Code 1980, § 9.19.060; Ord. No. 422, § 2(part), 1990) Sec. 9.19.070. Appeal procedure. A. The property owner m y appeal-the decision of the hearing officer, on any grounds, on or before the tenth day after 1h'\date of the hearing officer's decision. Such appeal shall be written and shall describe with particularity the grounds for the appeal. Such appeal shall place such appeal on the first available city council agenda. B. The city council shall consider the appeal in conjunction with, and respective to, the record of the nuisance abatement hearing. The city council may revise, amend or otherwise alter the decision of the hearing officer in its sole discretion insofar as such is supported by the evidence. (Code 1980, § 9.19.070; Ord. No. 422, § 2(part), 1990) Sec. 9.19.080. Civil abatement. When the property owner or other interested party responsible for the subject structure or place fails to abate the nuisance within the time frame as established for such abatement, the city attorney is authorized to proceed with a civil action to abate the identified nuisance pursuant to the applicable state or federal law. Such abatement action may include seeking a temporary injunction and any applicable damages, costs and remedies. In the event such damages and costs are not satisfied, such shall become a lien and charge against the subject structure or place. (Code 1980, § 9.19.080; Ord.No. 422, § 2(part), 1990) • Page 303 of 496 CHAPTER 9.20. ENTRY AND OCCUPANCY OF POSTED CITY PROPERTY Sec. 9.20.010. Entry and occupancy prohibited when sign posted. No person other than a peace officer, city employee acting within the course and scope of employment, or other person having express permission of a duly authorized city employee, shall enter or remain upon, or fail or refuse to leave upon a city employee's request, any city owned property not open to the public, provided such property has been posted with a sign or cigna in plain sight at entrances to such property. Such signs shall be readable from not less than 25 twenty five feet and shall state: CLOSED TO PUBLIC -- VIOLATORS SUBJECT TO ARREST. (Code 1980, § 9.20.010; Ord. No. 425, § ](part), 1990) Sec. 9.20.020. Violation; penalty. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. Any person violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty ofmisdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000:00=one thousand dollars or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each person shall be deemed guilty of a separate offense for each and everyday or portion thereof during which any violation of the provisions of this chapter is committed an shall be deemed punishable therefor as provided in this chapter. (Code 1980, § 9.20.020; Ord. No. 425, § 1(part), 1990) CHAPTER 9.24. REGULATIONAPPLICABLE TO MASSAGE SERVICES* *State law reference—Massage therapy, Busin and Professions Code § 4600 et seq.; physical therapy, Business and Professions Code § 2500 er e1. 1c , Editors Note: Ord. No. 820, § 1, adopted Sept:- , 2009, repealed Chapter 9.21, in its entirety. Section 2 of .. said ordinance adopted new p\vtoonc to,rcad ac herein set out Prior to amendment., Chapter 0. 1 deri�, tioon ARTICLE I. IN GENERAL Sec. 9.24.010. Definitions. Unless the particular provision of the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this chapter: Applicant(s) means the • individual applicant and/or the designated officer or managing partner acting on behalf of a corporation or partnership. Certified massage establishment means any massage establishment or business that is a sole proprietorship, provided the sole proprietor is the owner, the owner holds a valid and current massage certificate, and the owner is the only person employed by the business to provide massage • services; and/or any massage establishment or business that employs or uses only persons holding a valid and current massage certificate for the provision of massage services. Certified maccage eatabliohments are exempt from the requirement° of thin chapter, except where otherwise. provided. Page 304 of 496 Certified massage establishment permit shall-means a permit issued to a certified massage establishment operating from a fixed place of business, which permit shall serve to acknowledge that the permittee has provided satisfactory evidence to the director establishing that the business is a certified massage establishment, and that the business premises otherwise complies with applicable health and safety requirements of this chapter as permitted by California Business and Professions Code § 4612. Certified massage therapist chall means any person holding a valid and current massage certificate. Certified massage therapists are exempt from the requirements of this chapter, except where otherwise provided. The term "certified massage therapist" does not include any -'massage technician", as defined herein. Chief means that officer of the San Bernardino Sheriffs Department, or his or her designee, designated to by the city of Rancho Cucamonga to fulfill the prescribed duties herein. Director means the director of administrative services of the city of Rancho Cucamonga, or his or her designee. Employee means any and all persons, other than a massage technician or certified massage therapist, who may render any service to the permittee, and who receives compensation from the permittee or his or her agent, and who have no physical contact with the customers or clients. Hearing officer means the city manager of the city_,of'Ra ncho Cucamonga, or his or her designee. Massage means any method of treating the external,parts of the human body for remedial, health, or hygienic purposes by means of pressure Sr friction against; or stroking, kneading, rubbing, tapping, pounding; or stimulating the external parts of the human body with the hands or other parts of the human body, with or without`the aid of any mechanical or electrical apparatus or appliances; or with or without supple em ntary-aids, such as rubbing alcohol, liniments, antiseptics, oils, powers, creams, lotions, ointments, or other similar preparations. Massage certificate means a certificateliiished to any massage therapist or practitioner pursuant to California Business and Professions Code § 4601, or any successor provision thereto, by the California Massage Therapy Council or any successor organization. /C )1 yy Massage establishment means anyiestablishment having a fixed place of business where any person, firm, association, partnership, or corporation engages in, conducts, or carries on, or permits to be engaged in, conducted or carried on, any business of giving massages, baths, administration of fomentation, electric or magnetic treatments, alcohol rubs, or any other type of system for treatment or manipulation of the human body with or without any character of bath, such as Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, fomentation, or any other type of bath. Massage technician shall-includes a massage technician, massage trainee, masseur, and masseuse and means any person who administers to another person, for any form of consideration, massages as defined, or bathes, manipulates the body, or uses electric massage procedure, or similar procedure, but does not include '-'certified massage therapists", as defined herein. Out call massage service means any business where the primary function of such business is to engage in or carry on massage, not always at a fixed location, but also at locations designated by the customers or clients. Permittee means any person, firm, partnership or corporation having a permit issued hereunder for a massage or certified massage establishment, and/or a massage technician, as the case may be. Page 305 of 496 Qualified massage association means any association which has established a minimum education requirement for membership of at least 500 five hundred hours of training from a recognized school of massage, offers and requires participation and completion by members of a minimum number of hours of specified continuing education as a condition of membership, is open to members of the general public meeting the requirements for membership, on a national basis, and has minimum educational requirements or equivalents, including at least 500 five hundred classroom hours or its equivalent in anatomy, physiology, hygiene, sanitation, massage therapy and practice, ethics of massage practice, first aid and CPR. Equivalency'must be verified by written and practical testing by the association. Further, the association must have established rules of ethics and enforcement procedures for suspension or revocation of membership for violation of such rules. In addition, the association must require participation and completion by members of a minimum number of hours of specified continuing education for eligibility for certification and recertification. In this regard, the city reserves the right to require evidence of such training, recertification and professional experience as a condition of continued membership. Recognized school of massage means any school or institution of learning which teaches the theory, ethics, practice, profession, or work of massage, which has been approved to award degrees pursuant to ! !!! : ! !!. . _. . • Education Code $ 94900 or 94905. A school offering a correspondence course not requiring attendance shall-not be deemed a recognized school for purposes of this chapter. The city of Rancho Cucamonga/t shall-have the right to confirm that the applicant has actually attended class in a recognized school. (Code 1980, § 9.24.010; Ord. No. 820, § 2; 9-2-2009) State law reference—Definitions, Business and Proffeessi no s•Code'4500. Sec. 9.24.015. Exemption. Certified massage establishments are exempt-from the requirements of this chapter, except where otherwise provided. j` \' (Code 1980, § 9.24.010; Ord. No. 820, § 2,9-2-2009)` Sec. 9.24.020. Permit required: A. It is unlawful for any person, firm, partnership or corporation to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises within the city, the operation of a massage as herein described, without first having obtained a massage establishment permit, or certified massage establishment permit, issued by the city pursuant.to the provisions herein set forth. Said permit shall immediately be surrendered to the director upon suspension, revocation or expiration of said permit. B. A permit under this Article I chapter shall be valid for 12 twelve months from,the date of issuance unless revoked or suspended. The permit required shall be in addition to any business license required by city ordinance or any other permit required for such use, including, but not limited to, any conditional use permit or other similar entitlement for use. (Code 1980, § 9.24.020; Ord. No. 820, § 2, 9-2-2009) Sec. 9.24.030. Exceptions. The provisions of this chapter shall not apply to the following classes of individuals while engaged in the performance of the duties of their respective professions: A. Physicians, surgeons, chiropractors, osteopaths or physical therapists who are duly licensed to practice their respective professions in the state; B. Nurses registered under the laws of the state; Page 306 of 496 C. Barbers and cosmetologists, licensed by the state of California, and persons licensed by the state o4 G —to provide skin care (estheticians) or nail care (manicurists), as defined and to the extent provided in Business and Professions Code § 7316, or any successor provision thereto, as follows: 1. Barbers may massage the face and scalp; 2. Cosmetologists may massage the scalp, face, neck, arms, hands, feet below the calf, and the body extending from the clavicles upward; 3. Estheticians may massage the face, neck, arms and the body extending from the clavicles upward; 4. Manicurists may massage the hands, and feet below the calf. State licensed barbers, cosmetologists, estheticians and manicurists are subject to the exemption provided by this subsection (C) only while providing other barbering, cosmetology, skin care or nail care services in a facility licensed by the city : to provide such services. The provisions of this subsection (C) apply to apprentices of any of the foregoing who are licensed by the state of California, but only while performing barbering, cosmetology, skin care or nail care services under the direct supervision of a barber, cosmetologist, esthetician or manicurist who is subject to the exemption provided by this subsection; D. Hospitals, nursing homes, sanitariums or other•,health care facilities duly licensed by the state; E. Accredited high schools, junior colleges a nd colleges or universities whose coaches and trainers are acting within the scope of their employment; F. Trainers of amateur, semiprofessional-or, rofessonal athletes or athletic teams. (Code 1980, § 9.24.030; Ord. No. 820, § 2, 9-2-2009) Sec. 9.24.040. Massage establish\en; application. A. Any person, firm, corporation,—or partnership desiring to obtain a permit to operate a massage establishment or certified massage establishment shall make application under penalty of perjury of the laws of thestate, to the director. Prior to submitting such application, a nonrefundable fee in an amount'established by the city council shall be paid to the city to defray, in part, the cost of the investigation and reports required by this Article I chapter. A copy of the receipt showing payment of the required fee shall accompany the application. Applicants for a certified massage establishment permit are subject only to subsections(A), (C), (D), (E.)(1)through (4), (8), (9), (11), (12), (13), (16), (17), (18), (19), and (21), and (G) through (I) of this section. 0.24.040. B. The applicant, if a corporation or partnership, shall designate one of its officers or general partners to act as its responsible managing employee. Such person shall complete and sign all application forms required of an individual applicant under this chapter; however, only one application fee shall be charged. The corporation's or partnership's responsible managing employee must, at all times, meet all of the requirements established for permittees by this chapter or the corporation or partnership permit shall be suspended until a responsible managing employee who meets such requirements is designated. If no such person is found within 90 ninety days, the corporation or partnership permit shall be deemed canceled without further notice and a new initial application for permit must be filed. C. The application and fee required under this section shall be in addition to any license, permit or fee required under any other provisions of this Code or ordinance heretofore or hereafter Page 307 of 496 adopted, together with a writing, signed and dated by the applicant, under penalty of perjury, stating that all information contained in the application is true and correct. D. The application for permit does not authorize conducting a massage establishment. No business shall be conducted until such permit has been granted. E. Each applicant for a massage establishment permit shall submit the following information: 1. The full, true name under which the business will be conducted. If the name is a fictitious name, all individual owners, stockholders, partners, etc., shall be identified; 2. The present or proposed address where the business is to be conducted; 3. The applicant's full, true name, any other names used, date of birth, California state driver's license number or California state identification number, social security number, present residence address and telephone number. The sex, height, weight, color of hair, and color of eyes; 4. Previous two residences of the applicant and the inclusive dates at each address; 5. The applicant's business, occupation, and employment history for five years preceding the date of application, and the inclusive dates of same; 6. The permit history of the applicant, including whethe sr uch person has ever had any permit or license issued by any agency, board,4tylcountyeparish, territory, or state, the date of issuance of such a permit or license, whether the permit or license was revoked or suspended, or if a vocational or professi no aPlicen e' or permit was issued, revoked, or suspended, and the reason(s) therefor; k 7. As to each applicant and owner of_at least ten percent of the massage establishment N\ and/or outcall massage business411 convictions for any crime that requires registration under any state, federal or other governmental law similar to and including California Penal Code § 290, and whether or not_any such person is required to register pursuant to Penal Code § 290 or any4rsuchh similar law, and convictions for any crime that involves conduct which is a violation�f'any state, federal or other governmental law similar to T� and including California Penal-Code §§ 266h, 266i, 314, 315, 316, 318, 647, or any other crime involving the elements of the foregoing code sections, by way of plea bargain, or any other crime involving.dishonesty, fraud, deceit or moral turpitude. For purposes of this Article 1 chapter, the term "conviction" shall include a conviction pursuant to a plea of guilty or nolo contendere; 8. A complete explanation of all services to be provided; 9. The name, address, and date of birth 'of each massage technician, certified massage therapist, aide, trainee or employee who is or will be employed in such establishment; 10. The name and address of any massage business or other like establishment owned or operated by any person whose name is required to be given pursuant to this section- wherein the business or profession of massage is carried on; 11. Acceptable written proof that the applicant is at least 18 eighteen years of age; 12. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its Articles of Incorporation or Charter, together with the state and date of incorporation and the names and residence addresses of each of its current officers and directors, and of each stockholder holding five percent or more of the stock of that corporation; Page 308 of 4% 13. If the applicant is a partnership, the application shall set forth the name and residence addresses of each of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership as filed with the county clerk. If one or more of the partners is a corporation, the provisions of subsection 9.24.040(E.X12) of this section pertaining to corporate applicants shall apply; 14. The director may require the applicant to furnish fingerprints when needed for the purpose of establishing identification. Any required fingerprinting fee will be the responsibility of the applicant; 15. Two current, full-face, portrait photographs of the applicant, two inches by two inches in size, shall be provided by the applicant; 16. A description of any other business to be operated on the same premises, or on adjoining premises, owned or controlled by the applicant shall be set forth; 17. The name and address of the owner and lessor of the real property upon or in which the business is to be conducted shall be identified. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease and a notarized acknowledgement from the owner of the property that a massage establishment will be located on his/her property; 18. Authorization for the city, its agents and employees ek information and conduct an investigation into the truth of the statements set forthiin the application shall be required. The chief of police shall provide such&esist nce to the director as may be required to fully investigate the applicanF nd the truth of the matters set forth in the application; v 19. The applicant shall submit any change'o£ address or fact which may occur during the procedure of applying for a massage establishment permit; 20. The applicant, if an individual, or designated responsible managing employee, if a partnership or corporationhshall_personally appear at the police department for fingerprinting and produce.proof,that the application fee has been paid and shall present the application containing the, er quired information as described in this section; 21. A certificate of compliance from both the city planning department, building and safety division and the San Bernardino County Health Department must be submitted prior to the application approval/Any required inspection fees shall be the responsibility of the applicant. If the certificates of compliance are not received by the director within, 60 si-*ty days of the date of filing, the application shall be deemed void. If any land use permit or other entitlement for use is required, such permit or use shall be applied for and received prior to the massage establishment permit becoming effective. F. The director shall have up to 120 one h..»Ρared twenty calendar days to investigate the application for a massage establishment and the background of the applicant. Upon the completion of the investigation, the director shall grant the permit if he or she finds as follows: 1. The required fee has been paid; 2. The application conforms in all respects to the provisions of this Article I chapter; 3. The applicant has not made a material misrepresentation in the application; 4. The applicant, if an individual, or any of the stockholders of the corporation, or any officers or directors, if the applicant is a corporation, or any partner, if the applicant is a partnership, has not been convicted in a court of competent jurisdiction of an offense specified in subsection 9.21.010(E.X7)of this section; Page 309 of 496 5. The applicant has not had a massage establishment, massage technician, or other similar permit or license denied, revoked, or suspended by the city, or any other state, territory, county, parish or local agency prior to the date of approval; 6. The applicant is at least 18 eighteen years of age; 7. The massage establishment as proposed by the applicant would comply with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements and standards; and 8. The applicant, including any owner of ten percent or more of the massage establishment or outcall massage service, or any massage technician employed by or working out of or in connection with the massage establishment or outcall massage service, is not required to register under the provisions of Cali fornia—Penal Code § 290 or similar criminal statute. G. The director shall have up to 120 one hundred twenty calendar days to investigate the application and the background of each applicant for a certified massage establishment permit. Upon the completion of the investigation, the director shall grant the permit if he or she finds as follows: 1. The required fee has been paid; CM 2. The application conforms in all respects to the provisions ofthis Article I chapter; 3. The applicant has not made a material misrepresentation in the application; and 4. All persons who will provide massage servic s\are certified massage therapists, as evidenced by the submission of copies'of each therapist's valid and current massage certificate, attested to by the applicant�,undei penalty of perjury, as being true and correct. �� H. If the director, following investigation of the applicant, determines that the applicant does not fulfill the requirements of this ArticlV_Lchapter, the director shall deny such application by dated, written notice to the applicant, forwarded to the applicant's address as set forth in the application, by certified U.S. mail\return receipt requested, with a proof of service receipt attached. Following a the denial or revocation of a massage establishment permit, no application for a massage establishment permit may be filed by such applicant, at the same or substantially similar physical location, for at least one year following the date of such denial or revocation. The applicant shall have the right of appeal as-to any denial, as set forth in section 9.24.440. I. Proof of compliance with all applicable provisions of the Rancho Cucamonga Municipal Code and the applicable ordinances shall be provided prior to the issuance of any permits. (Code 1980, § 9.24.040; Ord. No. 820, § 2, 9-2-2009) State law reference—Authority regarding massage therapists and establishments, Business and Professions Code § 4612. Sec. 9.24.050. Operating requirements. Any person engaging in, conducting, or permitting the operation of a certified massage establishment may do so only if done in compliance with and/or subject to subsections (A) through (G), (I) through(N), (Q), (R) and (5 • of this section 9.24.050. No person shall engage in, conduct, or carry on, or permit to be engaged in, conducted, or carried on, any massage establishment, unless each and all of the following requirements are met: A. Each person employed or acting as a massage technician or certified massage therapist shall have a valid permit issued by the director, or massage certificate, which permit or certificate shall be displayed in a conspicuous area open to the public at all times. It is Page 310 of 496 unlawful for any owner, manager, operator, responsible managing employee, or permittee in charge of or in control of a massage establishment to employ or permit a person to act as a massage technician who is not in possession of a valid, unrevoked massage technician permit issued pursuant to this chapter and which is worn clearly visible during working hours, or a valid massage certificate. B. The possession of a valid massage establishment permit does not authorize the possessor to perform work for which a massage technician permit or massage certificate is required. C. Massage and bath operations shall be carried on or conducted, and the premises shall be open, only between the hours of 7:00 a.m. and 10:00 p.m. D. A list of services available as approved pursuant to the application and the cost of such services shall be posted in an open public place within the premises, and shall be described in readily understandable language. In the event any list of services and costs posted or provided hereunder is-are in other than the English language, the permittee shall, at the permittee's cost and expense, provide to the director an English language translation thereof. Such English translation shall be attested to being a full, true and correct translation thereof under penalty of perjury of the laws of the State of California. No owner, manager, operator, responsible managing employee, or permittee shall permit, and no massage technician or certified massage therapist shall offer or perform, any service other than those posted. E. The massage establishment permit and a copy\of the permit of each and every massage technician, or massage certificate of each-certified massage therapist, employed in the establishment shall be displayed in an open andhconspicuous place on the premises. F. Every massage establishment shall keep,a written record of the date and hour of each treatment, the name and address ofeah"- cpatron, the name of the massage technician or certified massage therapist administering the treatment, and the type of treatment administered. Such written record shall be maintained on forms approved by the director. Such records shall be open to inspecti no only by officials charged with enforcement of this chapter, shall be availab{1e during-all business hours of the establishment, and shall be used for no other pure so e. Anyunauthorized disclosure or use of such information by any officer or employee of'the city or the county of San Bernardino, or the owner or employee of the massage establishment, shall constitute a misdemeanor and such persons shall he subject to the penalty of'thie provisions of this chapter in addition to any other penalties provided by law. Such records shall be maintained on the premises of the massage establishment for a period of two years. G. Massage establishments shall at all times be equipped with an adequate supply of clean, sanitary towels, coverings and lines. Clean towels, coverings and linens shall be stored in enclosed cabinets. Towels and linens shall not be used on more than one patron, unless such towel or linen has first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one patron. Soiled linens and towels shall be deposited in separate, health department approved receptacles. H. If male and female patrons are to be treated simultaneously at the same massage establishment, separate massage rooms, separate dressing facilities, and separate toilet facilities shall be provided for male and female patrons. I. Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bathrooms, tanning booths, whirlpool baths and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open, with a disinfectant approved by the San Bernardino County Health Department. Bathtubs shall be thoroughly cleaned with a disinfectant, approved by the health department, after each • Page 311 of 496 use. All walls, ceilings, floors and other physical facilities of the establishment must be in good repair and maintained in a clean and sanitary condition. J. Instruments utilized in performing massage shall not be used on more than one patron unless such instruments have been sterilized, using approved sterilizing methods. K. All employees, including massage and certified massage therapists, shall be clean, and shall wear clean, nontransparent outer garments: Such garments shall not expose their genitals, pubic area, buttocks or chest. Massage technicians shall maintain the massage technician permit visibly on their person during business hours. L. No person shall enter, be or remain in any part of a massage establishment while in the possession of, consuming, under the influence of, or using any alcoholic beverage or drugs except pursuant to a prescription for such drugs. The owner, operator, responsible managing employee, manager or permittee shall not permit any such person to enter or remain upon such premises. M. No massage establishment shall operate as a school of massage, or use the same facilities as that of a school of massage. N. No massage establishment granted a permit under this Article I chapter shall place, publish or distribute, or cause to be placed, published or distributed, any advertising matter that depicts any portion of the human1body_that)would reasonably suggest to prospective customers or clients that any sew\e is available other than those services described in subsection 9724:050(D) of this Article I section. Nor shall any massage establishment or outcall massage service employ language in the text of such advertising that would reasonably suggest to a prospective patron that any service is available other than those services as described in subsection 9.21.050(D)of this Article I section. O. No service enumerated in subsection 0.21.050(D) of this Article I section may be carried on within any cubicle, room, booth or any area within a massage establishment, which is fitted with a door capable o£beingJlockedl P. All exterior doors shall r main unlocked from the interior side during business hours. Q. A massage shall not'be g v�en and no patron shall be in the presence of a massage or • certified massage therapist or other employee unless the patron's genitals are fully covered by a nontransparent covering. In addition, a female patron's breasts shall be fully covered by a nontrt n parent covering. R. No massage establishment shall he open for business without at least one massage or • certified massage therapist on the premises at all times who is in possession of a current, valid permit or massage certificate. S. Each massage establishment granted a permit under this article chapter shall have a manager on the premises at all times the massage establishment is open for business. The operator of each massage establishment shall file a statement with the director designating the percon or persons who shall act as manager. The operator, or manager in the operator's absence, shall be responsible for ensuring compliance with this chapter. (Code 1980, § 9.24.050; Ord. No. 820, § 2, 9-2-2009) State law reference—Authority to adopt reasonable health and safety requirements, Business and Professions Code § 4612(a)(3). Sec. 9.24.060. Facilities. Every certified massage establishment shall maintain facilities meeting the requirements of subsections(A) through (F), (H) and (I) of this section-9.21.060. Every massage establishment shall maintain facilities meeting all of the following requirements: Page 312 of 496 A. Signs shall be in conformance with the current ordinances of the city; B. Minimum lighting shall be provided in accordance with Section 1205 of the California Building Code or successor provision or provisions. In addition, at least one artificial light of not less than 60 si*4y-watts shall be provided in each room or enclosure where massage services are performed on patrons; C. Minimum ventilation shall be provided in accordance with Section 1203 of the Uniform Building Code or successor provision or provisions; D. Adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be readily available; E. Hot and cold running water shall be provided at all times; F. Closed cabinets shall be provided for storage of clean linens; G. Adequate dressing, locker and toilet facilities shall be provided to patrons. A minimum of two separate lockers which are capable of being locked must be provided for patrons. Separate toilets and dressing areas shall be provided for male and female patrons; H. A minimum of one separate wash basin for employees shall be provided at all times. The basin shall be located within or as close as practicable to the area devoted to performing of massage services. Sanitary towels shall also be prov ided=at each basin; I. Pads used on massage tables shall be covered with a durable, washable plastic or other waterproof material acceptable to the San Bernardino County Health Department. (Code 1980, § 9.24.060; Ord. No. 820, § 2, 9-2-2009) \y� Sec. 9.24.070. Inspections. The director, chief, development services\director, and the San Bernardino County Health Department, or their authorized represe'ntative))shall have the right to enter any massage or certified massage establishment for the purpose of making reasonable unscheduled inspections to observe and enforce compliance with applicable regulations,egulations, laws, and provisions of this chapter. (Code 1980, § 9.24.070; Ord. No. 820;1 2;,9,2-2009) Sec. 9.24.080. Permit nonassignabl eY No massage or certified massage establishment permit may be sold, transferred or assigned by the permittee, or by operation of law, to any other person or persona, and any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall-be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be deemed terminated and void; provided and excepting, however, that if the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit and in each case the permittee shall thereafter be deemed to be the surviving partner(s). One or more proposed partners, in a partnership granted a permit hereunder, may make application to the director, together with the fee established by the city council therefor, to amend the original application, providing all information as required for partners in the first instance and, upon approval thereof, the transfer of the interests of one or more partners to the proposed partner or partners may occur. If the permit is issued to a corporation, stock may be sold, transferred, issued, or assigned to stockholders who have been named on the application. If any stock is sold, transferred, issued, or assigned to a person not listed on the application as 'a stockholder, the permit shall be deemed terminated and void; provided, however, the proposed transferee may submit to the director, together with a fee established by the city council, an Page 313 of 496 application to amend the original application providing all information as required for stockholders in the first instance, and, upon approval thereof, the transfer may then occur. (Code 1980, § 9.24.080; Ord. No. 820, § 2, 9-2-2009) Sec. 9.24.090. Change of location or name; general. A. A change of location may be approved by the director provided the massage establishment or certified massage establishment complies with all ordinances and regulations of the city. B. No permittee shall operate under any name or conduct any establishment under any designation not specified in the permit. C. Any application for an expansion of a building or other place of business of a massage establishment shall require compliance with this Article I chapter. (Code 1980, § 9.24.090; Ord. No. 820, § 2, 9-2-2009) Sec. 9.24.100. Change of location; notification of change. A. The holder of the permit to operate or conduct a massage or certified establishment shall notify the director, in writing, of the name and address ofaeach person employed, including massage technicians and certified massage therapists, at such establishment within five days of said person being employed. The requirements of this section are in addition to the other provisions of this chapter, and nothing contained ,herein shallnelieve the permittee of the responsibility of ascertaining, prior to employment_whet her an employee has a current, valid massage technician permit or massage certificate. \�Y B. If, during the term of a permit, the applicant has any change in information provided on or concerning the original application or permit.rene al1application, notification shall be made to • the director in writing, within ten business days of the change. (Code 1980, § 9.24.100; Ord. No. 820, § 2 9-2-20099)) Sec. 9.24.110. Change of location; new l of permit. A massage or certified massage establishment licensed under this Article I chapter shall ■submit an application for renewal 300/th'irty days prior to the expiration thereof. The renewal application shall he suhmitted`together with the requisite fee as established by the city council. Approval of the renewal application shall be contingent upon satisfactory compliance with all pertinent provisions of this Article I chapter. (Code 1980, § 9.24.110; Ord. No. 820, § 2, 9-2-2009) ARTICLE II. MASSAGE TECHNICIANS.AND CERTIFIED MASSAGE THERAPISTS* *State law reference—Massage therapists, Business and Professions Code § 4600 et seq. Sec. 9.24.200. Massage technicians and certified massage therapists; permit or massage certificate required. A. It is unlawful for any person to engage in the business of acting or to act as a massage technician unless such person holds a valid massage technician permit issued by the city, or a valid and current massage certificate issued by the state. Each massage technician permit holder shall be issued a photo identification badge which will also serve as a massage technician permit. The permit holder shall maintain the massage technician permit visibly on his or her person during business hours. Each permit holder shall immediately surrender to the director any massage technician permit issued by the city upon the suspension, revocation, or expiration of such permit. Page 314 of 496 B. A permit under this section shall be valid for 12 twelve months from the date of issuance unless revoked or suspended. (Code 1980, § 9.24.200; Ord. No. 820, § 2, 9-2-2009) Sec. 9.24.210. Application. A. Each applicant for a massage technician permit shall make application under penalty of perjury of the laws of the State of California to the director. Prior to submitting an application, a nonrefundable fee as established by the city council shall be paid to defray, in part, the costs of investigation and report required by this article-II. A copy of the receipt shall accompany the application. B. Permit fees required under this section shall be in addition to any license, permit or fee required under any other provision of this Code. C. The application for permit does not authorize the applicant to practice massage. No work • is authorized until such permit has been granted. D. Each applicant for a massage technician permit shall submit the following information: 1. Truthful and honest answers to each and every inquiry in section 9.24.040(E.)(3) through Section 9.21.040(E.X7), inclusive, of Article I hereo€om 2. Acceptable written proof that the applicant is at least-18'cightcen years of age. E. The applicant must furnish proof of passageeeof the independently prepared and administered national examination through the National Certification Board for Therapeutic Massage and Bodywork (NCTMB), together with currentyre-certifications in accordance with NCTMB requirements, a diploma or certificate\of graduation from either a 500-hour resident course of instruction or 500 five hundred hours•of cumulative education consisting of no less than a N\ - 300-hour resident course, and 200 two hundred additional hours of resident instruction from a recognized school of massage as defined in\sectio\9.24.010 of Article I, hereof, or from an existing school or institution of learning outside‘the-Statelof California, together with a certified transcript of the applicant's school records showinngdate of enrollment, hours of instruction and graduation from a course having at least thvmi mum requirements prescribed by Article 3 of Subchapter 3 of Chapter 21 of Division l,of Title 5\of'the California Code of Regulations, wherein the theory, method, profession and work of,'massage is taught, and a copy of the school's approval by the State Board of Education. Alternativelyythe provisions of this subsection (E) may be satisfied by the applicant receiving 300 three hundred hours of resident instruction and having membership, or the ability to obtain membership, in a qualified massage association, as defined in section 9.24.010(J) of Article I hereof. . F. The massage establishment's full name, address and telephone number where the massage technician will be employed at a fixed place of business. In the event the applicant seeks to conduct out call massage services not listed in the original application, an additional application and fee must be submitted. • Cr. Such other identification and relevant information as the director may require in order to discover the truth of the matters herein specified as required to be set forth in the application. H. Two current full face, portrait photographs of the applicant, two inches by two inches in size. I. The director may require the applicant to furnish fingerprints when needed for the purpose of establishing identification. Any required fingerprinting fees will be the responsibility of the applicant. Page 315 of 496 J. A certificate from a medical doctor licensed to practice in the state of California stating that the applicant has, within 30 thirty days immediately preceding the date of application, been examined and found to be free of any contagious or communicable disease. K. Authorization for the city, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application shall be required. The chief shall provide such assistance to the director as may be required to fully investigate the applicant and the truth of the matters set forth in the application. L. Authorization to the director that he or she shall have 120 one hundred twenty days in which to investigate the application and background of the applicant. Upon termination of the investigation, the director shall approve or deny such application in writing. M. The director, upon completion of the investigation, shall grant the permit if he or she finds in accordance with sections 9.24.040(E.X22.Xa) through (f), inclusive, and: 1. The applicant has furnished an acceptable diploma or certificate of graduation from a recognized school; 2. The applicant has furnished written proof from a recognized school that the minimum number of hours of instruction have been completedp; orb� 3. The applicant is not required to register under the provisions of California Penal Code § 290 or similar criminal statute. N. If the director, following investigation of the application, determines that the applicant does not fulfill the requirements as set forth n:ithisIsection, the director shall deny such application by dated, written notice forwarded to the applicant's address set forth in the application by certified U.S. mail, return receipt requested, with a proof of service attached. A new application may not be filed for at least 60,cizt`y-days.after such denial. Any applicant for a permit who is refused a permit by the director may appeal the denial as set forth in section 9.24.440. (Code 1980, § 924.210; Ord. No. 820, § 2,9-2-2009) Sec. 9.24.220. Renewal. A massage technician licensed under this chapter shall file an application to renew the permit 30 thirty days prior to th'e`date of;expiration thereof. Approval shall be contingent upon satisfactory compliance with alCpertinent sections of this article-14, including a current medical clearance in section 9.2421041. Arenewal fee as established by the city council shall be charged to defray, in part, the cost of the renewal investigation required by this article-I4. (Code 1980. § 9.24.220; Ord. No. 820, § 2, 9-2-2009) Sec. 9.24.230. Notification by technician. If, during the term of a permit, the massage technician has any change in information submitted on the original or renewal application, the massage technician shall notify the director of such change within ten business days thereafter, in writing. (Code 1980, § 924.230; Ord. No. 820, § 2, 9-2-2009) ARTICLE III. OUT CALL MASSAGE SERVICES Sec. 9.24.300. cut cull — services Special endorsement required. It is unlawful for any massage establishment or massage technician to provide, or to offer to provide, massage at any location except at the place of business approved for a massage establishment hereunder; provided, however, that a massage establishment or massage technician may obtain a special endorsement to the permit issued thereto specifically authorizing out call massage services. This section shall not apply to certified massage establishments or therapists. Page 316 of 496 (Code 1980, § 9.24.300; Ord. No. 820, § 2, 9-2-2009) Sec. 9.24.310. Application. - Any massage establishment or massage technician desiring to provide out call massage services shall submit to the director, together with the requisite nonrefundable fee therefor as established by the city council, an application to provide out call massage services within the city. In addition to the requirements set forth herein pertaining to massage establishment permit or massage technician permit application, as the case may be, the applicant, and any certified massage establishment or therapist wishing to provide outcall massage services, shall submit to the director detailed information setting forth the manner and means of transporting, to and from the premises where out call massage services are to be performed, the clean, sanitary towels, coverings and linens, sterilized instruments to be utilized, as well as any supplementary aids, equipment or devices to be utilized and the method(s) of disposal thereof. (Code 1980, § 9.24.310; Ord. No. 820, § 2, 9-2-2009) Sec. 9.24.320. Same—Record. All massage technicians authorized to perform out call massage services hereunder, and all certified massage therapists, shall keep a written record, at themassage technician's or certified therapist's principal place of business, of out call massage services performed as required by section 9.24.050(F) of Article I hereof and shall include/herein-the location, by street address, including suite or apartment number, where such services beenlperformed. �\ Y (Code 1980, § 9.24.320; Ord. No. 820, § 2, 9-2-2009) ARTICLE IV. PROHIBITED CONDUCT, PROCEDURES AND PENALTIES Sec. 9.24.400. Prohibited conduct. A. It is unlawful for any massage technician or certified massage therapist to touch or massage the genital area of any patron or.the breasts of any female patron or for any massage establishment to allow or permit suett massage B. It is unlawful for a massage echniccian to perform any massage services at any location other than that location specif n the•massage technician permit or pursuant to a valid out call endorsement. (Code 1980, § 9.24.400; Ord. No. 82\01;2, 9-2-2009) r Sec. 9.24.410. Suspension pending revocation. • When the grounds for revocation under this chapter are that the permittee is suspected of immoral, improper, or otherwise objectionable conduct, the permit may be suspended until the revocation hearing procedure has been completed. (Code 1980, § 9.24.410; Ord. No. 820, § 2, 9-2-2009) Sec. 9.24.420. Revocation of massage establishment permit. The director may, after notice and hearing, revoke the massage establishment permit of any person, firm, partnership or corporation holding the same upon receipt of satisfactory evidence that: A. The permittee has made a material misrepresentation on the permit application; B. With respect to any massage establishment, but not including a certified massage establishment, the permittee, any managing responsible employee thereof or any of the persons enumerated in section 9.24.040(E.)(12) or cection 9.24.040 (E)(13) of Article I hereof has been convicted of or entered a plea of guilty or nolo contendere to any charge Page 317 of 496 •of a violation of any of the provisions of this chapter, or of the enumerated statutes set forth in section 9.24.040(E.){7) of article I hereof or any lesser included offense; Of C. The permittee, any managing responsible employee, or any employee, representative, or agent of the permittee or any massage technician employed by the permittee, has engaged in conduct constituting a violation of this chapter or of any of the enumerated statutes set forth in section 9.24.040(E.X7) of article I hereof. The director shall provide • the permittee with written notice of the revocation or proposed revocation by U.S. mail, with a proof of service attached, addressed to the street address of the massage establishment as shown on the application; or D. The massage establishment no longer satisfies the approval requirements set forth in section 9.24.040, including, but not limited to, failure of a certified massage establishment to use or employ only certified massage therapists to provide massage services. (Code 1980, § 9.24.420; Ord. No. 820, § 2, 9-2-2009) Sec. 9.24.430. Massage technician permit. The director may revoke the massage technician permit ofrany person holding the same upon receiving satisfactory evidence that the permittee has madefmaterial misrepresentation on the permit application or if the permittee has been convictedaof -entered a plea of guilty or nolo contendere to any charge of a violation of any of the4rovisions of this chapter, or any of the enumerated statutes set forth in section 9.24.040(E.)f7)`of'Article I hereof or to a lesser included offense. The director may, after notice and hearing,revoke the massage technician permit of any permittee if, on the basis of satisfactory evidence, it shows that the permittee has engaged in conduct constituting a violation of this chapter\r any lof the enumerated statutes set forth in - section 9.24.0404E.}E7) of article I hcrco€cThe�director shall provide the permittee with written notice of the revocation by mail, with a proof of service attached, addressed to the permittee at the address of record shown on the massage\technician permit application. 7 ` (Code 1980, § 9.24.430; Ord. No. 820„§ 2, 9-2-2009) Sec. 9.24.440. Permit denial/re-vocation ppeal procedure. A. The applicant or permittee, as case may be, within ten business days after receipt of denial of an application for a permit under articles I, 11 or III, hereof of this chapter, or notice of revocation, may file an appeal with7the city clerk to be taken to the hearing officer. In the event an appeal is filed within the ten-day time frame, a suspension of the permit shall be in effect until the final decision has been rendered by the hearing officer. B. If the applicant or permittee fails to file an appeal within the ten-day filing period provided-herein, denial/revocation shall take effect immediately upon expiration of such filing period. No permit shall be revoked until after a hearing shall have been held before the hearing officer to determine good cause for such revocation, or the appeal filing period has lapsed. It is unlawful for any person to conduct a massage establishment or carry on the business of massage until the revoked permit has been reinstated by the hearing officer. C. Notice of such hearing shall be given in writing and mailed at least ten days prior to the date of the hearing, by certified U.S. mail, return receipt requested, with a proof of service attached, addressed to the address listed on the massage or certified massage establishment application, or massage technician application, as the case may be. The notice shall state the grounds of the complaint and shall state the time and place where such hearing will be held. D. After said hearing, the hearing officer shall render a written decision within ten business days from the date the matter is submitted for decision. The action of the hearing officer shall be final and conclusive. • Page 318 of 496 (Code 1980, § 9.24.440; Ord. No. 820, § 2, 9-2-2009) Sec. 9.24.450. Burden of proof at hearing. Unless otherwise specifically provided by law, the burden is on the city in any hearing under this article lto prove that the determination of the director which is being appealed is reasonable, and not an abuse of discretion. (Code 1980, § 9.24.450; Ord. No. 820, § 2, 9-2-2009) Sec. 9.24.460. Penalties for violation of ordinance or chapter. It is unlawful for any person, firm, partnership or corporation to violate any provision or to fail to comply with any of the requirements of this chapter. Any person, firm, partnership or corporation violating any provisions of this chapter or failing to comply with any of the requirements thereof shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00 one thousand dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each and every 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 of the provisions of this chapter is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this chapter. (f • (Code 1980, § 9.24.460; Ord. No. 820, § 2, 9-2-2009) • �\ Sec. 9.24.470. Civil remedies available. The violation of any of the provisions of this�apter 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 forthVabatement of such nuisances. (Code 1980, § 9.24.470; Ord. No. 820, § 2, 9-2-2009) • Sec. 9.24.480. Severability. The city council declares that,, should any article, provision, section, paragraph, sentence or word of this chapter be eedeclared4invalid by any final court action in a court of competent vs. jurisdiction, or by reason of any preemptive legislation, including, but not limited to, any provision contained in California Businessrand Professions Code § 4600 et seq., the remaining provisions, sections, paragraphs, sentences and-words of this chapter shall remain in full force and effect, The provisions of California Business and Professions Code §§ 4600-4613 shall be deemed to govern over any conflicting provisions contained in this chapter. • (Code 1980, § 9.24.480; Ord. No. 820, § 2, 9-2-2009) • CHAPTER 9.26. LOITERING* *State law reference—Loitering for purposes of drug activity, Health and Safety Code § 1150 et seq.; loitering near posted property, Penal Code § 552 et seq.; malicious mischief, loitering, Penal Code § 602; loitering on private property of another, Penal Code § 647(3)(i). Sec. 9.26.010. Loitering in designated public places prohibited. It is unlawful for any person to loiter or stand or sit in or upon any public highway, alley, sidewalk or crosswalk so as to in any manner hinder or obstruct the free passage therein or thereon of persons or vehicles passing along the same. (Code 1980, § 9.26.010; Ord. No. 785, § I(part), 2008) Page 319 of 496 Sec. 9.26.020. Loitering in front of buildings prohibited. It is unlawful for any person to loiter or to stand or sit in or at the entrance of any church, hall, theater or place of public assemblage in any manner so as to obstruct the entrance. (Code 1980, § 9.26.020; Ord. No. 785, § l(part), 2008) Sec. 9.26.030. Violation; penalty. Any person engaging in any activity declared unlawful by section 9.26.010 or 9.26.020 is guilty of a misdemeanor and shall be punished as set forth in section 1.12.020 of Chapter 1.12 of Title 1 of this Code. (Code 1980, § 9.26.030; Ord. No 785, § l(part), 2008) CHAPTER 9.28. CONVENIENCE FOOD STORES Sec. 9.28.010. Definitions. The following terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: A "Conuen.ieri.ce food store means a business establishment,that: A. Derives 50 fifty-percent or more of its gross income, excluding motor fuels, from the sale of goods, merchandise,'or other articles of value iii their iro gnal containers; and B.& Offers a limited quantity and variety of food,'household,d sundry items; and C.& Operates at any time between the hours of8:00,p and 4:00 a.m.; and D.4-Does not sell or have for sale prescription drug items &-Entptoyee means the person, corporation, art nership, joint venture or group enterprise legally responsible for the day-to-day operation of'the convenience store. .13n-Owner means the person, corporation, partnership, joint venture or other group enterprise having lawful possession of the premises upon the convenience food store is operated. (Code 1980, § 9.28.010; Ord. Noo.. 54&1,)§ 2(part)'1995) Sec. 9.28.020. Regulation S '>" All convenience food stores s) 1 comply with the following regulations: A. Install a security camera of a type and number approved by the city manager or his designee. Said camera must be capable of producing a retrievable image on film or tape that can be made a permanent record and that can be enlarged through projection or other means. Cameras meeting the requirements of this section shall be maintained in proper working order at all times and shall be subject to periodic inspection by the city manager or his designee. Convenience food stores open and operating, as of the date of of the ordinance codified in this chapter to comply with this section. (Code 1980, § 9.28.020; Ord. No. 548, § 2(part), 1995) • CHAPTER 9.30. LOITERING BY MINORS PROHIBITED Sec. 9.30.010. Loitering by minors after curfew prohibited. It is unlawful for any minor to be in or upon the public streets, highways, roads, alleys, parks, playgrounds, public buildings or other places open to the public, places of amusement, eating establishments, or any vacant lots between the hours of 10:00 p.m. and sunrise immediately following. This section shall not apply: ' Page 320 of 496 A. •When the minor is accompanied by his or her parent, legal guardian, or other person having the care or custody of the minor;-e B. When the minor is engaged in or going directly to or returning directly from any lawful activity with the written permission of the minor's parent or legal guardian; C. When the minor is traveling directly to or from his or her place of gainful employment or to or from a medical appointment and the minor can produce written evidence of same; D. When, with the approval of the minor's parent, legal guardian or other adult person having the care or custody of the minor, such minor is traveling directly to or from a meeting, entertainment, recreational or school activity, or dance, and the minor can produce written evidence of such approval;er' E. During such time as the minor is exercising rights protected by the First Amendment of the United States Constitution or Article 1 of the California Constitution, including, but not limited to, free exercise of religion, freedom of speech and/or freedom of assembly, provided such minor has in his or her possession a form of written consent signed by the minor's parent or legal guardian. The form of consent must state the hours during which the minor is permitted to be away from home, the nature of the permitted activities involving the exercise of constitutional rights, and the-specific location where the minor is permitted to be during such hours;-ef F. When the minor is emancipated pursuant to the laws of any state, provided the minor maintains written evidence of such emancipationoin his or her possession during curfew hours;-er G. When the minor is in a motor vehicle involved in interstate or intrastate travel, provided that in the event the minor is notz accompanied by his or her parent or guardian, the run s minor possesses a parent's or guardian written consent thereto; or H. When the minor is homeless (Code 1980, § 9.30.010; Ord. No. 556, § 1(part), 1996Ord. No. 584, § 1(nart), 1997) "s minor Sec. 9.30.020. Daytime loitering by minors prohibited. It is unlawful for any minor wh'o is subject to compulsory education or to compulsory continuation education, to be\in or upon the public streets, highways, roads, alleys, parks, playgrounds, public buildings orjother places open to the public, places of amusement, eating establishments, or any vacant lots during school hours and on school days applicable to such minor. This section shall not apply: A. When the minor is accompanied by his or her parent, legal guardian, or other adult person having the care or custody of the minor;-ef B. When the minor is on a medical emergency errand directed by his or her parent, legal guardian, or other adult person having care or custody of the minor and can produce written evidence of same;-ec C. When the minor is traveling directly to or from a medical appointment and can produce written evidence of same; D. When the minor has in his or her possession written permission or a permit to leave the school campus, or is traveling to or from, or is otherwise engaged, in an event or activity sponsored, sanctioned or arranged for by the minor's school and in which the minor is authorized to participate; • E. When the minor is receiving home or private school instruction pursuant to Education Code § 48222, or is receiving instruction by a qualified tutor pursuant to Education Code Page 321 of 496 § 48224, or is otherwise exempt by law from attendance at a public or private full-time day school;-err F. When the minor is authorized to be absent from his or her school pursuant to the provisions of Education Code § 48205, or any other applicable state or federal law• or G. When the minor is 16 years of age or older and is not enrolled in school. (Code 1980, § 9.30.020; Ord. No. 556, § ](part), 1996; Ord. No. 584, § ](part), 1997; Ord. No. 598, § 1, 1999) State law reference—Compulsory education law, Education Code § 48200 et seq. Sec. 9.30.030. Responsibilities of parents, legal guardians and/or custodians of minors. It is unlawful for any parent, guardian or custodian of a minor to knowingly permit or allow such minor to be in violation of any of the provisions of section 9.30.010 or 9.30.020 oftt:is-e der. In the event of any conflict between this section and California Penal Code § 272, or any successor provision thereto, said Penal Code section shall be deemed to govern. (Code 1980, § 9.30.030; Ord. No. 556, § ](part), 1996) State law reference—Truancy, Education Code § 48260 et seq. Sec. 9.30.040. Penalty for violation. It is unlawful for any person to violate any provision,orfail to comply. with any of the requirements, of this chapter. A first, second or third violation occurring within a one-year period shall be punishable by: A.(a} A fine not exceeding $100.00 one hundred\\11 rs for a first violation; B. (b) A fine not exceeding $200.00 two hud red y llars for a second violation; C. (c) A fine not exceeding 8500.0041v`e iund'rcd'dolla s for a third violation. A fourth or subsequent violation of any provision of this chapter by any person within a one-year period shall be deemed to be a misdemean rxand.upon conviction thereof shall be punishable by a fine not exceeding $1,000.00 one thous•n a doll r or by imprisonment not exceeding six months, or x by both such fine and imprisonmenti.Each-such person shall be deemed guilty of a separate offense for each and every day or any<portron tliereof during which any violation of any of the provisions of this chapter is committed, continued or permitted by such person and shall be deemed punishable therefor as provided in this chapte (Code 1980, § 9.30.040; Ord. No. 556, § ](part), 1996) • CHAPTER 9.31. SOLICITATIONS ordinance enacted new provisions to read as herein set out. Prior to amendment, Ch. 9.31 pertained to similar subject matter and derived from Ord. 785, § 2, (part), 2008. Sec. 9.31.010. Definitions and general restrictions. A. As used in this chapter: A. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Public place means a place to which the public or a substantial group of persons has access, and includes, but is not limited to, any street, highway, sidewalk, parking lot, plaza, transportation facility, school, place of amusement, park, playground, and any doorway, entrance, hallway, lobby and other portion of any business establishment, an apartment house or hotel not constituting a room or apartment designed for actual residence. Page 322 of 496 Solicitation or solicit. 1. The term "solicitation" or "solicit" means: a.{4)Any request, plea, demand, or invitation, or attempt thereof, to give money or property for any purpose, without prior invitation, appointment or consent, made upon any private property in the city in which the solicitor has no possessory or ownership interest; b. (ii) The sale of, offer to sell, or attempt to sell, for consideration of any kind, and for any purpose and without prior invitation, appointment or consent, any advertisement, advertising space, book, card, chance, coupon device, magazine subscription, membership, merchandise, ticket of admission, or any other thing upon any private property in the city in which the solicitor has no possessory or ownership interest; c. (iii) The act of traveling from house to house, from business to business, or otherwise from place to place, and taking or attempting to take orders for the sale of goods or merchandise, personal or intangible property of any nature for future delivery, or for services of any kind to be furnished or performed in the future, whether or not such person has, carries or displays for sale a sample of the subject of such sale or is collecting advance payments for such sales or services;-er• d.-(iv) The act of traveling from house t ho ouse, from business to business, or otherwise from place to place, carrying, conveying or transporting goods, merchandise or personal or intangihle=property,of any nature, and offering and/or displaying the same for sale or making sales and delivering such items, or services of any kind, to any person at the place of sale or elsewhere; or e. (v) The act of traveling from house—to house, from business to business, or NS otherwise from place to place, for any purpose and without prior invitation, •appointment or consentand o ;- ffering to sell, or attempting to sell, for consideration of any kind, any � - y y goods)pr merchandise, personal or intangible property of any nature, or any kind of servxce_71 2. The term "solicitation" does not include the distribution of free literature, flyers or leaflets. Solicitation is-subject to the provisions of section 5.04.350 of this Code. Street, highway and sidewalk shall have those meanings as set forth in Sections 360, 509 and 555, rccpcctivcly, of the California Vehicle,Code §§ 360, 509 and 555, respectfully,or any successor provisions thereto. B. It is unlawful for any person(s) physically present in or on a street or highway to solicit • the occupant(s) of any vehicle traveling upon any street or highway. This section does not prohibit solicitation by persons off the street or highway or on a sidewalk. C. No person shall engage in "aggressive solicitation" in any public place. The term "aggressive solicitation" shall mean the following: I. Approaching or speaking to a person, or following a person before, during or after soliciting, asking, verbally confronting or begging, if that conduct is intended or is likely to cause a reasonable person to fear bodily harm to oneself or to another, damage to or loss of property, or to otherwise be intimidated into giving money or other thing of value, or where such conduct is intended to intimidate any person from lawfully utilizing any public service or facility; 2. Intentionally touching or causing physical contact with another person or an occupied vehicle without that person's consent in the course of soliciting, asking or begging; Page 323 of 496 3. Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact; 4. Using violent or threatening gestures toward a person solicited either before, during, or after soliciting, asking or begging; 5. Persisting in closely following or approaching a person, after the person solicited has been solicited and informed the solicitor by words or conduct that such person does not want to be solicited or does not want to give money or any other thing of value to the solicitor; or 6. Using profane, offensive or abusive language before, during or after solicitation, that is inherently likely to provoke an immediate, violent reaction. D. No person shall solicit at the location of any residence from the time of sunset in one day to the time of sunrise the next day. E. No person under the age of 16rmay solicit unless accompanied by an adult. (Code 1980, § 9.31.010; Ord. No.831, § 2, 6-16-2010) Sec. 9.31.020. Noncharitable solicitation. A. Permit required. It is unlawful for any per-• • • :a_ in commercial solicitation activities as a noncharitable solicitor within the city '•r_ ho t firs: o staining a permit therefor in compliance with the provisions of this section 9.31.02 w or purposes of this section, the term "noncharitable solicitor" shall mean any person o : -'ci or any commercial or other purpose not intended to benefit nor benefiting, any "t•arity,- :s defined in California--Business and Professions Code § 17510.2(d), or any succes � ..F..ision hereto. B. Application for permit. Applica m is for permit under this section shall file with the finance director a sworn application in w ;I. 'ng on form to be furnished by the director, providing the following: 1. The name, birth date, an.* n of the applicant; 2. The permanent ho•• a es- > •d full local and business address of the applicant and the applicant's employer, ny, a•d any business represented by the applicant; 3. A brief description of th s ature of the business, the goods or services to be sold, proposed method of delivery, and any vehicles to be utilized in connection therewith; 4. If employed, the name and address of the employer, together with credentials establishing the exact relationship; 5. The length of time for which the permit is desired, not to exceed one year; 6. A statement as to whether or not the applicant has been convicted of any misdemeanor or felony within the previous ten years, the nature of the offense, the date of conviction, and the punishment or penalty imposed therefor, or any misdemeanor or felony for which the applicant is required to register pursuant to Penal Code § 290, or conduct which is a violation of the provisions of any state, federal or territorial law similar to and including Galifefaia-Penal Code § 266(h). 266(i). 314. 315. 316, 318, 647(a), (b), or (d), or 64-(f) where the violation occurred while vending; 7. A statement as to the nature and date of any revocation of any permit held by the applicant to sell goods or services to the public within the previous ten years; 8. Evidence of the applicant's employer possessing a current city business license to conduct solicitation activities; Page 324 of 496 9. Letter of authorization from organization stating legal names of individuals that are allowed to solicit on their behalf. Where the applicant is a business entity utilizing noncharitable solicitors, the applicant shall provide all of the required information as to such business entity and as to each person who shall actually solicit. C.-B: Photographs; fingerprinting; criminal records. Each applicant shall provide two a passport size photographs. be fingerprinted by the Rancho Cucamonga Police Department Sfifi and a criminal records check shall be conducted on the applicant. The applicant will be required to pay the how established fees for such services in addition to the tea ermit fee. D. Permit filing fee. At the time of filing the application for a permit under this section 0.31.020, a fee in an amount established by resolution of the city council shall be paid to the finance director to cover the cost of investigation of the facts stated therein, and the cost of the identification card required to be carried by each solicitor. Such fee shall be paid by each business entity applicant on behalf of each person who shall actually solicit. E.D. Application investigation;permit issuance conditions. 1. Upon receipt of a complete application for a per is t under this chapter, the finance director.shall cause an investigation of the ap i pplication to be made. The finance director shall require the applicant t.. :ub us it eScan or similar fingerprint means of identification and verification of in o ion p Ivided. The application shall be approved or denied within a reasonabl• s ' time. • • -- - • ••••- , • • .T. . 2. If, as a result of such stigation, the finance director determines that any ground for denial set forth in subsec ion 9.31.020F.1. G.1 of this section exists, the applicant shall be provided written notice that the application is disapproved and that no permit will be issued. 3. If, as a result of such investigation, the applicant is found to satisfy the requirements of this chapter, the finance director shall approve the application and issue a permit and an identification card for each solicitor. Such card shall contain the signature of the issuing officer, and shall show the name and business or residential address of the permittee, the kind of goods or services permitted to be sold thereunder, the date of issuance and the term of the permit, as well as a description of any vehicle to be used by a permitted solicitor. Each card shall also clearly state that issuance of such permit and identification card does not constitute an official endorsement by the city of the permittee or of anything sought to be sold by the solicitor. No permittee shall sell or attempt to sell goods or services of a different nature than described in the permit. Each permittee shall provide written notice to the finance director of any changes occurring with respect to information set forth in an application made pursuant to this chapter, within five business days thereof. Page 325 of 496 4. The finance director shall keep a written record of all permits issued for such time as required by law. 5. Each permittee shall comply with the provisions of section 9.31.01 , with respect to the manner of solicitation. F. E: Possession of permit required. Each permitted solicitor shall maintain in his possession, at all times while soliciting, the original identification card issued to them by the business license division of the finance department and a valid driver's license, identification card or other form of identification bearing the solicitor's name and photograph, and shall exhibit the card and picture identification to each prospective customer or law enforcement officer for inspection upon request. G. Permit denial and revocation. 1. Any permit applied for under the provisions of this chapter may be denied for any of the following causes: a. Fraud, misrepresentation or false statement contained in the application for a permit; b. Conviction of a misdemeanor or felony involvin Auld, theft, dishonesty, or injury to any person within the previous ten years, or re o • of any permit to sell goods or • services to the public within the previous rs, any misdemeanor or felony for which the applicant is required to re: •r rsi to Penal Code § 290; c. Failure to comply with the requirem t . - chapter; d. Conviction within the previous 12 • • II.:nt' s, resulting from any violation of this chapter 9.31. 2. Any permit issued under the p ovisio. o is chapter may be suspended or revoked after notice and hearing opportu 'ty for iy of the following causes: a. Fraud, misrepresen . or statement made in the course of solicitation activities; b. Any violation ,v s - or any state or federal law while soliciting that is punishable as =deme'anor or felony, provided that substantial evidence of the fact of violation is nd to exist; c. Conducting solicitation in such a manner as to constitute a threat to the health, safety or general welfare of the public; d. Conviction of a misdemeanor or felony involving fraud, theft, or dishonesty, or use of illegal drugs or injury to any person while soliciting, or which requires the permittee to register pursuant to Penal Code § 290. 3. Unless suspension is required in order to protect the immediate health, safety or welfare of the public, a hearing shall be conducted prior to permit revocation, pursuant to the procedures set forth in section 9.31.030D of this chapter, applicable to revocation of charitable solicitation permits. H.-G= Appeal procedure. Any person aggrieved by denial of a permit may appeal such denial in accordance with the provisions of section 9.31.030E. , applicable to denials of charitable solicitation permits; provided, however, that a nonrefundable fee in such amount as may be established by resolution of the city council shall be paid by the appellant at the time of filing such appeal. (Code 1980, § 9.31.020; Ord. No. 831, § 2, 6-16-2010) Page 326 of 496 Sec. 9.31.030. Charitable solicitation. A. Definitions. The following words and phrases, whenever used in this section 9.31.030, shall be defined as follows: Charity means and has that definition set forth in California Business and Professions Code § 17510.2(d), or successor provision thereto, which defines the term "charity" as including "any person who, or any nonprofit community organization, fraternal, benevolent, educational, philanthropic, or service organization, or governmental employee organization which, solicits or obtains contributions solicited from the public for charitable purposes or holds any assets for charitable purposes." Whenever the term "charitable purposes" is utilized in this chapter, such term shall mean and include such purposes as will directly benefit or are purported to benefit any charity. 2—Solicitor means any person who solicits. B. Charitable solicitation permit required. 1. No person shall solicit, or permit or cause any other person to solicit on said person's behalf, where it is represented that any proceeds of such solicitation are to be used for charitable purposes, or otherwise engage in any "so '*•tation for charitable purposes" or "sales solicitation for charitable purposes," as these erms are defined in—California Business and Professions Code § 17510.2, or A R' `"'•_:er provision,thereto, without first obtaining and being the holder of a valid a • able, phcitation permit issued by the finance director. The fee for such permit sh: , •e in luch amount as may be set by resolution of the city council and which, l s. it :-nsate the city for the actual costs of the permit and identification card(s) rq uired :?'0 bein the possession of each solicitor at all times while soliciting, and the cost o r, dmini- ering this chapter. Applicants providing proof of being or representing a ffiSkir. ,_ if, nization, association or other entity and exempt from the payment of to -•s purl .nt to section 501(c)(3) of the Internal Revenue Code, or _ . . . -. ! . .C.:::. . :, Revenue and Taxation Code 6 23701d, or any successor provision, sha • o-. re `o_^ d to pay said fee. 2. The foregoing permi ,_ha '°r quired only of the person in charge of charitable solicitations on be:AU') arity, but no person shall solicit as agent, servant or representative of an l +,.ermit ed person required under the provisions of this section to have a charitable solici g_'on permit. 3. Each person applying for a charitable solicitation permit or renewal of an existing permit shall file with the • business license division of the finance department a sworn statement setting forth the name of the charity on which behalf the charitable ,solicitation is to be made, together with the address and telephone number of the charity (and, if an organization, the names and business addresses of its officers); the name of the peroon or persons who are to act as charitable solicitors; the total amount to be raised; the estimated total amount to be expended as compensation or reward for such charitable solicitation, or the percentage of the total amount intended to be raised or realized in the drive or campaign such estimated total of expenditures represents; and the purpose for which the money or property derived from such charitable solicitation is to be used. This statement shall be verified by declaration or affidavit of the person, or chief officer of the organization, for whom charitable solicitation is to be made, or if solicitation is to be for an unorganized class of persons, verification shall be made by the person in charge of such charitable solicitation. To the extent not required above, each applicant shall also provide to the business license division of the finance department as part of the sworn statement of the information required to be disclosed pursuant to California—Business and Professions Page 327 of 496 Code § 17510.3, the name and address of each person who shall actually solicit for charitable purposes. This sworn statement shall be on such form as provided by the finance department and shall constitute the required application. Notwithstanding the foregoing, provided none of the information given in connection with an application for an initial charitable solicitation permit has changed, an applicant for renewal shall only be required to verify the same under penalty of perjury and pay the required permit fee. 4. Before issuing a charitable solicitation permit, the finance director may investigate the information provided in the application. Unless upon such inquiry or from such statement the finance department discovers any false material statement or representation, or that the applicant does not represent a bona fide charity, as defined herein and in California Business and Professions Code § 17510.2, or that the solicitation activities proposed would violate any provision of California-Business and Professions Code § 17510 et seq., or any other law, or that the applicant has been convicted within the previous 12 twelve months of soliciting without a permit required by this chapter, the application shall be approved. Each complete application for a charitable solicitation permit shall be approved or denied within a reasonable amount of time receipt or the application shall be deemed approved. The permit shall be valid for one year unless revoked or renewed as provided herein. If'd'enied, the basis for denial shall be provided in writing within seven calendar days by • e applicant. 5. In accordance with the requirements of ' Bus' ess and Professions Code § 17510.3, upon commencement of any charitab citati n, each charitable solicitor shall exhibit to the prospective donor or pur�p,.�h rd entitled "Solicitation or Sale for Charitable Purposes Card," or alternatively, a licitation brochure, which card or brochure shall truthfully contain the foi�®wing i ormation: a. The name and address of .lie c ' .' :'•16 campaign, each organization, or fund on behalf of which all or any 0 rt of t :- money collected will be utilized for charitable purposes; b. If there is no organ'.1, sr d, the manner in which the money collected will be utilized for char'. e • .40 OS':; c. The amount, : , as a .ercentage of the total gift or purchase-p iee, that will be used for charitab ,.urposes; d. If the charitable so a citor is a paid fundraiser and is paid a set fee rather than a percentage of the total amount raised, the card or brochure shall show the total cost that is estimated which will be used for direct fundraising expenses; e. If the charitable solicitation is not a sales solicitation for charitable purposes, the card or brochure may state, in place of the amount of fundraising expenses, that an audited financial statement of these expenses may be obtained by contacting the organization at the address disclosed; f. The non-tax-exempt status of the organization or fund, if the organization or fund for which the money or funds are being solicited does not have a charitable tax exemption under both federal and state law; g. The percentage of the total gift, donation, or purchase price which may be deducted as a charitable contribution under both federal and state law. If no portion is so deductible, the card or brochure shall state that this contribution is not tax deductible; h. If the organization making the charitable solicitation represents any nongovernmental organization by any name which includes, but is not limited to, the Page 328 of 496 • term "officer," "peace officer," "police," "law enforcement," "reserve officer," "deputy," "California Highway Patrol," "Highway Patrol," or "deputy sheriff," or "firefighter," "firemen" or "fire department," which would reasonably be understood to imply that the organization is composed of law enforcement or fire department or firefighting personnel, the charitable solicitor shall give the total number of members in the organization, including the name of their public agency employer, and the number of members working or living within the county where the charitable solicitation is being made, and if the solicitation is for advertising, the statewide circulation of the publication in which the solicited ad will appear; i. If the organization making the charitable solicitation represents any nongovernmental organization by any name which includes, but is not limited to, the term "veteran," or "veterans," which would reasonably be understood to imply that the organization is composed of veterans, the charitable solicitor shall give the total • number of members in the organization and the number of members working or living within the county where the solicitation is being made. This subsection does not apply to federally chartered or state incorporated veterans' organizations with 200 two hundred or more dues paying members or to a thrift store operated or controlled by a federally chartered or state incorporated veterans organization. This rp subsection does not apply to any state incoorated-community based organization • that provides direct services to veterans and'their f families and qualifies as a tax- exempt organization under section 501(c)(3) or. 501,(419) of the Internal Revenue Code and Section 23701(d) of the California Revenue and Taxation Code $ 23701(d); 6. When the charitable solicitation is not a sales solicitation for charitable purposes, any charitable solicitor who receives no compensation of any type from, or in connection with, a solicitation by any charitablecorganization, may comply with the provisions of subsection B.5 of this section lby providing the name and address of the charitable organization on behalf of which all or any part of the money collected will be utilized for charitable purposes, by stat ni g the chartable purpose for which the solicitation is made, and by stating to the persorsolicited that information about revenues and expenses of the organization, inchiding its administration and fundraising costs, may be obtained by contacting the organization'ss>office at the address disclosed. The organization shall provide this information to the person solicited within seven days after receipt of the request. A charitable solicitor who receives no compensation of any type from, or in connection with, a solicitation or sales solicitation by a charitable organization which has qualified for a tax exemption under section 501(c)(3) of the Internal Revenue Code, and who is 18 eighteen years of age or younger, shall be exempt from the provisions of subsection B.5 of this section; 7. Each charitable solicitor receiving money or property from any person as a result of any solicitation shall provide a written receipt to such person. This receipt shall indicate the amount of money or a description of property received, as well as the name, business or home address and telephone number of the charitable solicitor. The receipt shall also state whether or not the money or property received constitutes a state or federal tax deduction; 8. Each charitable solicitor, or the charity on whose behalf such solicitation is made, shall maintain full and complete written records of all money and property received as a result of the permitted charitable solicitation activities. Such records shall be available for review by the finance director, or designee, during normal business hours. C. Identification. Page 329 of 496 1. Each charitable solicitor who shall actually solicit shall be issued, and shall maintain in his/her possession at all times while soliciting, an original identification card issued by the business license division of the finance department and a driver's license, identification card, or other form of identification which bears the solicitor's name and photograph. The permit and identification card shall also state that issuance of such permit does not constitute an official endorsement by the city of the permittee or of the subject charity. 2. Solicitors shall display the permit and identification card to, and allow the same to be examined by, any and all persons to whom any solicitation is to be made, prior to the time of the solicitation, and to any law enforcement officer upon request. 3. A charitable solicitor soliciting on behalf of a charitable organization whose membership is comprised of at least 15 fifteen-members-members and at least 75 ocvcnty five percent Rancho Cucamonga residents, shall be deemed to comply with this section provided each solicitor, while soliciting, is dressed in a recognizable uniform, or is bearing some other form of conspicuous identification, of such charitable organization. D. Revocation. Any charitable solicitation permit may be revoked or suspended by the finance director, pending a hearing, when there is probable use to believe that any fraud or criminal act has been or is being committed by the permitte or : - •is thereof in connection with • any permitted solicitation. In all other cases, where any/ifer ' ee I found to have included any material misstatement or misrepresentation in the lic ion ,e permit may be revoked or suspended after a hearing on the matter. When a hearing is to be conducted as provided ere • h nance director shall schedule such hearing to occur between seven and 21 . • . glen. :r days, and shall provide notice by first elves certified mail of such hearing to the t e address set forth in the application on file. Said hearing shall be held before the ity ii : ager who shall bear the burden of proof and his or her decision shall be based upon writte<< •ndin . and shall be final. E. Appeal. Any person, busia _nti at organization aggrieved by a denial of a charitable solicitation permit may appeal to = .nager or his or her designee, by filing a written request for an administrativ ' 'n ith the city clerk within thifty ten days after service of notice of the finance directo" _ sion. pon receipt of a timely appeal. the aggrieved party shall be given notice of a hearing to • held before the city manager. or his or her designee. within 30 thitty—days of the date of said n. ice. The city manager, or his or her designee, shall bear the burden of proof and no fee shall be charged for such appeal. The city manager. or his or her designee,shall render a decision within a reasonable amount of time not to exceed 60 of -days of the conclusion of the hearing. The decision of the city manager, or his or her designee, shall be final. . (Code 1980, § 9.31.030;Ord. No. 831, § 2, 6-16-2010) CHAPTER 9.32. SECOND RESPONSES BY POLICE TO PARTIES AND OTHER ASSEMBLAGES—CIVIL PENALTY IMPOSED Sec. 9.32.010. Civil penalty for second responses by police to parties and other assemblages. A. Notwithstanding any other provision of this Code, a civil penalty in the amount of $100.00 is imposed, as provided herein, when any members of the city's police (sheriffs) department respond a second time within a 24 consecutive hour period to any party or other assemblage of persons within the city if: Page 330 of 4% 1. The owner and/or other adult person in possession of the premises has, at the time of the first response, been delivered a written notice as hereinafter described or such written notice has been posted as authorized herein; and 2. There is probable cause for police to believe that a violation of Penal Code § 407, 415 or 416 has occurred on the premises any time after first responding. B. The written notice required to be provided shall state words to the effect that.a warning is hereby given that if police respond again within 24 twenty four hours thereafter, a civil penalty in the amount of $100.00 one hundred dollars shall be imposed upon the owner or other adult person in charge of the premises. C. If no owner or adult person in charge of the premises can be located or identified at the time of the first response, the written notice required herein may be posted in any visible outdoor location near any entrance to the premises. In such event, the owner and any other adult person in possession of the premises at the time of the response by police may be held jointly liable for the amount of the civil penalty as provided herein. (Code 1980, § 9.32.010; Ord. No. 561, § 1, 1996) State law reference—Unlawful assembly, Penal Code § 407; unlawful fighting, Penal Code § 415; refusing to disburse an unlawful assembly, Penal Code § 416. • Sec. 9.32.020. Penalty constitutes debt. • In the event a civil penalty is imposed as provided herein, written notice thereof, including a request for payment, shall be given by first class mail,Npostage prepaid, and addressed to the owner and/or other adult person in possession ofhe premises at the time of the police responses, and such civil penalty shall constitute a debt recoverable as a debt due and owing on a written contract, as permitted by California Government Code §,36901. In the event the city is required to institute any legal proceeding to recover such penaltyy it shall be entitled to additionally collect all costs, including attorney's fees, incurred 1as a result thereof. The imposition of a civil penalty, as provided herein, shall be in addition=tbl, and not:in lieu of, the imposition of any criminal penalties arising out of, or incidental to, the unde lying,police responses, as may be provided by law. (Code 1980,•§ 9.32.020; Ord. No.561§ 2,'-1996) CHAPTER 9.33. ACCOUNTABILITY FOR BEING A SOCIAL HOST OF MINORS Sec. 9.33.010. Purpose. The purpose of this chapter is to protect the public health, safety and general welfare in two ways. First, the chapter enhances the ability of law enforcement to deter the consumption of , alcohol, marijuana or other controlled substances by,minors. Second, the chapter reduces the costs of providing police services to parties, gatherings or events requiring a response by requiring hosts to ensure minors are not consuming alcoholic beverages, marijuana or other controlled substances. (Code 1980, § 9.33.010; Ord. No. 835, § 1, 11-3-2010) Sec. 9.33.020. Definitions. The words and phrases used in this chapter have the meanings as set forth below: A—Alcoholic beverage shall have the same meaning as in Business and Professions Code § 23004, or any successor section. Control of a premises shall be deemed to be vested in both the owner(s) and the tenant(s)of that premises. G Controlled substance means a drug or substance whose possession and use are regulated under the California Uniform Controlled Substances Act, Health and Safety Code § 11000 et seq., Page 331 of 496 or any successor statute. Such term shall not include any drug or substance otherwise legally possessed or consumed. Guardian means: A.-(i) A person who, under court order, is the guardian of a minor; or B. (ii) A public or private agency with whom a minor has been placed by a court. &Minor means any person less than 21 twenty-one-years of age. E,Parent means a person who is a natural parent, adoptive parent, or step-parent of a minor. GT Party is a party, gathering, or event where a group of three or more persons have assembled or are assembling for a social occasion or for a social activity. (Code 1980, § 9.33.020; Ord. No. 835, § 1, 11-3-2010) Sec. 9.33.030. Hosting, permitting, or allowing a party where minors consume alcoholic beverages, marijuana and other controlled substances prohibited. A. It is unlawful for a person having control of any premises to host, permit, or allow a party to take place at the subject premises, where: 1. At least one minor consumes an alcoholic beverage, marijuana or other controlled . . substance; and /r-:‘ 2. The person having control of the premises,did not employ any reasonable method to prevent minors from consuming alcoholic bev re aag es, marijuana or other controlled substances at the party. B. Employing a reasonable method to prevent the consumption of alcoholic beverages, marijuana or other controlled substances by'any-muror_atya party includes, but is not limited to: 1. Controlling access to alcoholic beverages, marijuana or other controlled substances at the party; 2. Verifying the age of persons ttending the party by inspecting drivers licenses or other government-issued identification-cards to ensure that minors do not consume alcoholic beverages, marijuan o other controlled substances while at the party; or \\` 3. Supervising the activities of minors at the party. C. A person who hosts, permits or allows a party shall not be in violation of this chapter if he or she seeks immediate assistance from the Rancho Cucamonga Police Department or other law enforcement agency to remove any person who refuses to abide by the hosts' performance of the duties imposed by this section or to terminate the party because the host has been unable to prevent minors from consuming or possessing alcoholic beverages, marijuana or controlled' substances despite having taken all reasonable steps to do so, as long as such request is made before any other person makes a complaint about the party. D. This section shall not apply to any location or place regulated by the California Department of Alcohol and Beverage Control. E. This section shall not apply to conduct involving the use of alcoholic beverages that occurs between a minor and his or her parent(s)or guardian(s). (Code 1980, § 9.33.030; Ord. No. 835, § 1, 11-3-2010) CHAPTER 9.34. NARCOTICS AND GANG-RELATED CRIME EVICTION PROGRAM* *State law reference—Public or private nuisance, Penal Code § 186.22a; places used for unlawfully selling, etc., controlled substances, etc., declared nuisance, Health and Safety Code § 11570. Page 332 of 496 Sec. 9.34.010. Definitions. For purposes of this chapter, the following definitions shall apply: The following words, terms and phrases, when used in this chapter, shall have the meanings • ascribed to them in this section, except where the context clearly indicates a different meaning: Controlled substance means any drug, substance, or immediate precursor, as listed in the Uniform Controlled Substances Act, Health and Safety Code § 11000 et seq. Drug-related nuisance means any activity related to the possession, sale, use or manufacturing of a controlled substance that creates an unreasonable interference with the comfortable enjoyment of life, property and safety of other residents of the premises or residents occurring within a 1,000-foot radius from the boundary line of the premises. Such activity includes, but is not limited to, any activity commonly associated with illegal drug dealing, such as noise, steady traffic day and night to a particular unit, barricaded units, display or observance of weapons, drug loitering as defined in Health and Safety Code § 11532, or other drug-related circumstances. Gang-related crime means any crime in which the perpetrator is a known member of a gang, or any crime motivated by gang membership in which the victim or the intended victim of the crime is a known member of a gang. Illegal drug activity means a violation of any of the provisions ,Chapter 6 c .g-with • Health and Safety Code § 11350 et seq., or Chapter 6f5 (commencing with Section 11400) of the 11400 et seq., p -• - _:: • § q., or any successor thereto. Landlord means any owner, lessor, or subless rj(including any person, firm, corporation, partnership or other entity) who receives or is entitled'to receive rent for the use of any rental unit, or the agent, representative or successor of'a y o£the foregoing. A \\ Premises means any rental unit and the land`on which it and any other buildings of a complex are located and common areas, includinl���t'limited to, garage facilities, streets, alleyways, stairwells and elevators. Rental unit means any dwelling as-defined in section 17.02.140 of this Code, including, but not limited to, any single-famiily and multifamily residence, duplex, and/or condominium in the city of Rancho Cucamonga. Tliisrerm "retail unit" shall also include any mobile home, whether rent is paid for the mobile home;\the land upon which the mobile home is located, or both. It shall also mean any recreational vehicle, as defined in California Civil Code § 799.24, if located in a mobile home park or recreational vehicle park, whether rent is paid for the recreation vehicle, the • land upon which it is located, or both. Tenant means any tenant, subtenant, lessee, sublessee or any person entitled to use or occupancy of a rental unit, or any other person residing in the rental unit. (Code 1980, § 9.34.010; Ord. No. 585, § 1(part), 1997) Sec. 9.34.020. Duties of the landlord. A landlord shall not cause or knowingly permit: A. Any premises under his or her control to be used or maintained for any illegal drug activity, gang-related crime, or in such manner as to constitute a drug-related nuisance; or B. Any tenant to use or occupy premises under the landlord's control, if the tenant commits, permits, maintains or is involved in any illegal drug activity, gang-related crime, or drug- related nuisance on the premises or within a 1,000-foot radius from the boundary line of the premises. Page 333 of 496 (Code 1980, § 9.34.020; Ord. No. 585, § 1(part), 1997) Sec. 9.34.030. Administrative procedures. The city attorney, or his or her designee, may promulgate such administrative procedures as may be necessary to implement the provisions of this chapter. (Code 1980, § 9.34.030; Ord. No. 585, § 1(part), 1997) Sec. 9.34.040. Recovery of possession by landlord. Grounds for eviction. Notwithstanding any provision of the Rancho Cucamonga Municipal Code to the contrary, a landlord may bring an action to recover possession of a rental unit upon any of the following grounds: A. The tenant is committing or permitting to exist any illegal drug activity, gang-related crime, or drug-related nuisance on the premises or within a 1,000-foot radius from the boundary line of the premises; or B. The tenant has been convicted of a crime wherein the underlying offenses involves illegal drug activity, drug-related nuisance activity or a gang-related crime on the premises. (Code 1980, § 9.34.040; Ord. No. 585, § 1(part), 1997) State law reference—Temporary restraining order or injunctioon_may--include closure of the premises pending trial, Health and Safety Code § 11573.5. \__ Sec. 9.34.050. Enforcement. ��„� \\ A. If the landlord has been served with written notice that he or she is in violation of section 9.34.020A hereof and has failed to comply with the provisions of said section within seven days of the date of service of such notice, the city may_fil an e action for injunctive relief or utilize any other remedy provided by law to compel compliance, including but not limited to, all remedies available to abate a nuisance. f� B. A court rendering a judgmen£pursuant•to this subsection B-may, in addition to any other penalty or remedies provided by law, impose a civil penalty in the maximum amount permitted by �.r law, payable to the city, and/or_requu•e the>payment of the city's reasonable attorney's fees, and costs of investigation, discovery and court'costs. (Code 1980, § 234.050; Ord. No. 585;x§ 11(part), 1997) Sec. 9.34.060. Lien authorized.Y • Any judgment for money may be recorded as a lien on the subject property and if multiple defendants exist, they shall be jointly and severally liable for any payments so ordered. • (Code 1980, § 9.34.060; Ord. No. 585, § I(part), 1997) Sec. 9.34.070. Penalties. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of the ordinance codified in this chapter. Any person violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00 one thousand dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of the provisions of this chapter is committed, and shall be deemed punishable therefor as provided in this chapter. (Code 1980, § 9.34.070; Ord. No. 585, § 2(part), 1997) - • Page 334 of 496 Title 10 VEHICLES AND TRAFFIC* *State law reference—Rules of the road, Vehicle Code § 21000 et seq.; local regulation, Vehicle Code § 21100 et seq. CHAPTER 10.04. DEFINITIONS* *State law reference—Definitions, Vehicle Code § 100 et seq. Sec. 10.04.010. Generally. A. The following words and phrases, when used in this title, shall, for the purpose of this title, have the meanings respectively ascribed to them in this chapter. B. Whenever any words and phrases used in this title are not defined in this chapter but are defined in the Vehicle Code of the otato, and amendments thereto, such definitions shall apply. (Code 1980, § 10.04.010; Ord. No. 39, § 1.0, 1978) Sec. 10.04.020. Coach. The term "coach"means any motor bus, motor coach, trackless trolley, or passenger car used as a common carrier of passengers. • (Code 1980, § 10.04.020; Ord. No. 39; § 1.1, 1978) Sec. 10.04.030. Reserved. n n • • I , . I r. • • I r Sec. 10.04.040. Curb. The term "curb" means the 1. i•ouNrK of the roadway, whether such curb he-is marked by curbing construction, or not so 17 a=: he word "curb," as used in this title, shall not include the line dividing the 'a.;, ay`'Q: a street from parking strips in the center of a street, nor from tracks or rights-of-way o tit: is ut I'ty companies. (Code 1980, § 10.04.040;Ord. No. 3'; . .3, 1978) Sec. 10.04.050. Divisional island. The term "divisional island" means a raised island located in the roadway and separating opposing or conflicting streams of traffic. (Code 1980, § 10.04.050;Ord. No. 39, § 1.4, 1978) Sec. 10.04.060. Gross weight. The term "gross weight" means the weight of a vehicle without load, plus the weight of any load thereon. (Code 1980, § 10.04.060;Ord. No. 39, § 1.5, 1978) Sec. 10.04.070. Holidays. Within the meaning of this chapter, "holidays" are January let, known as New Year's Day''-'; the third Monday in February, known as"Washington's Birthday"; the last Monday in May, known as "Memorial Day"; the July 4th, known as "Independence Day"; the first Monday in September, known as Labor Day; . : • : . .. .. . . . . . e• : :- , y-of November 11, known as '-'Veterans Day''-'; the last Thursday in November, known as ''Thanksgiving Day"; and December 25th, known Page 335 of 496 as 11Christmas Day." In the event --'New Year's Day," 11Independence Day"- and "Christmas Day" falls on Sunday, the following day will be taken in lieu of the holiday, and if they fall on Saturday, the Friday preceding will be deemed a holiday. (Code 1980, § 10.04.070; Ord. No. 39, § 1.6, 1978; Ord. No. 169, § 1(part), 1982) Sec. 10.04.080. Loading zone. The term "loading zone" means the space reserved for the exclusive use of vehicles during the loading or unloading of passengers or freight. (Code 1980, § 10.04.080; Ord. No. 39, § 1.7, 1978) Sec. 10.04.090. Official time standard. Whenever certain hours are named in this title, they shall mean standard time or daylight- saving time as may be in current use in this city. (Code 1980, § 10.04.090; Ord. No. 39, § 1.8, 1978) Sec. 10.04.100. Ordinance. The term "ordinance" means the ordinance, rule or regulation adopted by the city council relating to the movement of traffic and enforcement thereof. (Code 1980, § 10.04.100; Ord. No. 39, § 1.9, 1978; Ord. No. 169, §c1(part) ) . Sec. 10.04.110. Parkway. The term "parkway" means that portion of<street other than a roadway or "3, sidewalk. 7 (Code 1980, § 10.04.110; Ord. No. 39, § 1.10, 19 )w tefr Sec. 10.04.120. Passenger loading zone. The term "passenger loading zone.," means the space reserved for the exclusive use of vehicles while receiving or discharging passengers. (Code 1980, § 10.04.120; Ord. No. 39„§ n4719781 Sec. 10.04.130. Police officer. The term "police officer” means,,every officer of the police department of this city or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. (Code 1980, § 10.04.130; Ord. No. 39, § 1.12, 1978) Sec. 10.04.140. Pushcart. The term "pushcart" means a vehicle propelled by a person, but not ridden upon. (Code 1980, § 10.04.140; Ord. No. 39, § 1.13, 1978) Sec. 10.04.150. Traffic enforcement division. The term "traffic enforcement division" means the division within the police department of this city. (Code 1980, § 10.04.150; Ord. No. 39, § 1.14, 1978) Sec. 10.04.160. Traffic engineering division. The term "traffic engineering division" means the division within the engineering department of this city. (Code 1980, § 10.04.160; Ord. No. 39, § 1.15, 1978) • Page 336 of 496 Sec. 10.04.170. Vehicle Code. The term "Vehicle Code" means the California Vehicle Code of the state. (Code 1980, § 10.04.170; Ord. No. 39, § 1.16, 1978) CHAPTER 10.08. TRAFFIC ADMINISTRATION • Sec. 10.08.010. Police administration; traffic enforcement. There is established in the police department of this city a traffic enforcement division to be under the control of a supervising officer of police appointed by and directly responsible to the chief. (Code 1980, § 10.08.010; Ord. No. 39, § 2.0, 1978) Sec. 10.08.020. Duty of traffic enforcement. It is the duty of the traffic enforcement division with such aid as may be rendered by other members of the police department to enforce the street traffic regulations of this city and all of the state vehicle laws applicable to street traffic in this city, to make arrests for traffic violations, to investigate traffic accidents and to cooperate with the city traffic engineer and other officers of the city in the administration of traffic laws and in developingrways and means to improve traffic conditions, and to carry out those duties specially imposed upon he_division by this title. (Code 1980, § 10.08.020; Orcl. No. 39, § 2.1, 19 78) Sec. 10.08.025. City traffic engineer established. The position of city traffic engineer is established He shall exercise the powers and duties as provided in this title. He shall be responsible foi.all traffic engineering division functions in the engineering department and be appointed the city engineer. (Code 1980, § 10.08.025; Ord. No. 39, § 2.2, 19788) Sec. 10.08.030. City traffic engineer powers and duties. A. It is the general duty of theAty _traffic engineer to determine the installation and proper timing and maintenance of traffic)ccntr l devices and signals, to conduct engineering analyses of traffic accidents and to devi e remedial measures, to conduct engineering and traffic surveys of traffic conditions and to coope ate with other city officials in the development of ways and means to improve traffic conditions, and/to carry out the additional powers and duties imposed by ordinances of this city. B. Whenever the city traffic engineer is required or authorized to place or maintain official traffic control devices or signals, he may cause such devices or signals to be placed or maintained. C. Whenever, by the provisions of this chapter, a power is granted to the city traffic engineer or a duty imposed upon him, the power may be exercised or the duty performed by a person authorized in writing by him. (Code 1980, § 10.08.030; Ord. No. 39, § 2.3, 1978) Sec. 10.08.040. Traffic accident studies. Whenever the accidents at any particular location become numerous, the traffic enforcement division shall cooperate with the city traffic engineer in conducting studies of such accidents and determining remedial measures. (Code 1980, § 10.08.040; Ord. No. 39, § 2.4, 1978) Page 337 of 496 Sec. 10.08.050. Traffic accident reports. The traffic enforcement division and/or the traffic engineering division shall maintain a suitable system of filing monitoring traffic accident fepa -data. Such repents-system shall be available for the use and information of the supervising officer of the traffic enforcement division and the city traffic engineer. (Code 1980, § 10.08.050; Ord. No. 39, § 2.5, 1978) , Sec. 10.08.060. Annual traffic safety report. The traffic enforcement division and traffic engineering division shall prepare a traffic report which shall be filed with the city council. Such a report shall contain information on traffic matters in this city as follows: A. The number of traffic accidents, the number of persons killed, the number of persons injured, and other pertinent traffic accident data; B. The number of traffic accidents investigated and other pertinent data on the safety activities of the police; C. The plans and recommendations of the traffic enfcement division and the traffic engineering division for future traffic safety activitiett (Code 1980, § 10.08.060; Ord. No. 39, § 2.6, 1978) , q Sec. 10.08.070. Emergency and experimental re 'o s. 6' A. The chief of police, by and with the app 9 t ty traffic engineer, is empowered to make regulations necessary to make effective t. - prov onof the traffic ordinances of this city and to make and enforce temporary or experim; al re lations to cover emergencies or special conditions. No such temporary or experim a • i :tian shall remain in effect for more than 90 ninety days. B. The city traffic engineer m. , ,-st ontrol devices under actual conditions of traffic. C. The chief of police may, `,, . _- s e temporary placing of official traffic control devices when required by an emerges chie of police shall notify the city traffic engineer of his action as soon thereafter as • ra icab (Code 1980, § 10.08.070; Ord. No. 2.7, 1978) Sec. 10.08.080. Traffic committee established. The city council establishes an advisory traffic committee to serve without compensation, consisting of the chief of police or his representative, the supervising officer of the traffic enforcement division, the city traffic engineer, the city attorney or his representative, and such other members as appointed by the traffic engineer. The chairman chairperson of the committee shall be the city traffic engineer. (Code 1980, § 10.08.080;Ord. No. 39, § 2.8, 1978) Sec. 10.08.090. Traffic committee duties. It shall be the duty of the traffic committee to advise the city traffic engineer practicable means for coordinating the activities of all officers and agencies of this city having authority with respect to the administration and enforcement of traffic regulations; to receive complaints regarding traffic matters; and to recommend to the city council of this city and to the supervising officer of the traffic enforcement division and the city traffic engineer ways and means for improving traffic conditions and the administration and enforcement of traffic regulations. (Code 1980, § 10.08.090; Ord. No. 39, § 2.9, 1978) Page 338 of 496 Sec. 10.08.100. Traffic investigation procedures. Upon request of citizens, citizens' groups, the traffic enforcement division or traffic engineering division, traffic investigations shall be conducted leading to proposed action related to traffic controls. Such investigation may be submitted to the traffic committee for review and recommendation to the city traffic engineer for implementation. Any party disagreeing with the recommendation of the traffic committee or the action of the city traffic engineer may appeal such action to the city council. (Code 1980, § 10.08.100; Ord. No. 39, § 2.10, 1978) CHAPTER 10.12. ENFORCEMENT AND OBEDIENCE TO TRAFFIC REGULATIONS* *State law reference—Power and authority of local governments, Vehicle Code § 21100 et seq. Sec. 10.12.010. Authority of police and fire departments. Officers of the police department and such officers as are assigned by the chief of police are authorized to direct all traffic by voice, hand, audible, or other signal in conformance with traffic laws, except that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the police department or members of the fire department may direct traffic as conditions may require, notwithstanding the provisions to the contrary contained in this title or (Co Vehicle Code. (Code 1980, § 10.12.010; Ord. No. 39, § 3.0, 1978) Sec. 10.12.020. Required obedience to traffic title. It is unlawful for any person to do any act forbidden r fail to perform any act required in this (Code title. Code 1980, § 10.12.020; Ord. No. 39, § 3.1, 19 7S) \\ Sec. 10.12.030. Unauthorized persons shall not direct traffic. No person other than an officer f the police department or members of the fire department or a person authorized by the chief of police:ora person authorized by law shall direct or attempt to direct traffic by voice, hand/other\ gnal, except that persons may operate, when and as provided in this title, any me\dcal pushbutton signal erected by order of the city traffic engineer. (Code 1980, § 10.12.030; Ord. No. 39, § 3.2, 1978) Sec. 10.12.040. Traffic regulations apply to persons pushing carts. Every person propelling any pushcart upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this ordinance title and by the rules of the road portion of the Vehicle Code, except those provisions which by their very nature can have no application. (Code 1980, § 10.12.040; Ord. No. 39, § 3.3, 1978) Sec. 10.12.050. Obstruction or interference with police or authorized officer. No person shall interfere with or obstruct in any way any police officer or other officer or employee of this city in their enforcement of the provisions of this title. The removal, obliteration or concealment of any chalk mark or other distinguishing mark used by any police officer or other employee or officer of this city in connection with the enforcement of the parking regulations of this ordinance title shall, if done for the purpose of evading the provisions of this title, constitute such interference or obstruction. (Code 1980, § 10.12.050: Ord. No. 39, § 3.4, 1978) Page 339 of 496 CHAPTER 10.16. TRAFFIC CONTROL DEVICES* *State law reference—Traffic signs, signals, etc., Vehicle Code § 21350 et seq. Sec. 10.16.010. Authority to install traffic control devices. The city traffic engineer as authorized by the city council shall place and maintain, or cause to be placed and maintained, official traffic control devices upon streets and highways as required under the Vehicle Code or the traffic ordinances of this city to make effective the provisions of the code or the traffic ordinances, and may place and maintain, or cause to be placed and maintained, such appropriate official traffic control devices as he may deem necessary properly to indicate and to carry out the provisions of the code or the traffic ordinances or to warn and guide traffic. (Code 1980, § 10.16.010; Ord. No. 39, § 4.0, 1978) State law reference—Authority to regulate traffic by official traffic control devices, Vehicle Code § 21100; traffic control devices, Vehicle Code § 21350 et seq. Sec. 10.16.020. Official traffic control devices required for enforcement purposes. No provision of the Vehicle Code or of this title for which official traffic control devices are required shall he enforced against an alleged violator unless appropriate official traffic control devices are in place giving notice of such provisions of the traffic laws. (Code 1980, § 10.16.020; Ord. No. 39, § 4.1, 19 78) • Sec. 10.16.030. Installation of traffic signals. <?\ A. The city traffic engineer is authorized by*the;tykouncil to install and maintain official traffic signals at those intersections and otherjplaces\where traffic conditions are such as to require that the flow of traffic be alternately interrupted and released in order to prevent or relieve traffic congestion or to protect life orp or perty,from exceptional hazard. B. The city traffic engineer shall ascertain and determine the locations where such signals are required by an engineering and traffic survey1and his determination therefrom shall be made i in accordance with those traffic engineering and safety standards. C. The city traffic engineer shall erect and maintain at each signal controlled intersection street name signs clearly visible to/traffic/approaching from all directions. D. Priority for traffic signals\i shall be established by the city council. (Code 1980, § 10.16.030; Ord. No. 39, § 4.2, 1978) • Sec. 10.16.040. City traffic engineer to establish safety zones. The city traffic engineer shall have authority to establish safety zones of such kind and character and at such places as he may deem necessary for the protection of pedestrians. (Code 1980, § 10.16.040; Ord. No. 39, § 4.3, 1978) Sec. 10.16.050. Traffic lanes. The city traffic engineer shall have authority to make traffic lanes upon the roadway of any street or highway where a regular alignment of traffic is necessary. (Code 1980, § 10.16.050; Ord. No. 39, § 4.4, 1978) Sec. 10.16.060. Distinctive roadway markings. The city traffic engineer is authorized by the city council to place and maintain upon highways distinctive roadway markings as described in the Vehicle Code. (Code 1980, § 10.16.060; Ord. No. 39, § 4.5, 1978) Page 340 of 496 Sec. 10.16.070. Authority to remove, relocate and discontinue traffic control devices. The city traffic engineer is authorized by the city council to remove, relocate or discontinue the operation of any traffic control device not specifically required by the Vehicle Code or this title whenever he shall determine in any particular case that the conditions which warranted or required the installation no longer exist. (Code 1980, § 10.16.070; Ord. No. 39, § 4.6, 1978) Sec. 10.16.080. Traffic control devices hours of operation. The city traffic engineer .. : . . •- . . . • ••. . . . -' shall determine the hours and days during which any traffic control device shall be in operation or be in effect, except in those cases where such hours or days are specified in this title. (Code 1980, § 10.16.080; Ord. No. 39, § 4.7, 1978) Sec. 10.16.090. Unauthorized painting of curbs. No person or agency, unless authorized by the city traffic engineer, shall paint any street or curb surface; provided, however, that this section shall not apply to the painting of numbers on a curb surface by any person who has complied with the provisio of any ordinance or resolution of this city pertaining thereto. • (Code 1980, § 10.16.090; Ord. No. 39, § 4.8, 1978)78) • CHAPTER 10.20. SPEC D ONE Sec. 10.20.010. Increasing state speed limit i ce `` • nes. It is determined by city council resolution , d upo E the basis of an engineering and traffic investigation that the speed permitted b ." `t` hiy_:;.upon the following streets is less than is necessary for safe operation of vehicles th reon b eason of the designation and signposting of the streets as through highways and/or by r on o widely spaced intersections, and it is declared that the prima facie speed limit sh. i-..a e a t forth in this section on those streets or parts of streets designated in this section .: • • ,:re erected giving notice thereof: Name of Str Port on Affected Declared Prima Facie Speed Limit (mph) Amethyst Street--Baseline to End 35 Arrow Route--Grove to Baker 45 Beryl Street--Baseline to 800 inches north of Lemon Avenue 40 Hellman Avenue--Alta Loma Drive to 500 inches North of 35 Manzanita Drive Lemon Avenue--Beryl Street to Archibald Avenue 35 Lemon Avenue--Sapphire Street to Jasper Street 35 Ninth Street--Grove to Baker 35 Ramona Avenue--Foothill Boulevard to 19th Street 35 Sapphire Street--Lemon to Banyan 40 Vineyard Avenue--Carnelian to Church 40 (Code 1980, § 10.20.010; Ord. No. 49, § 5.0, 1978; Ord. No. 39B, § 1, 1980; Ord. No. 169, § 1(part), 1982; Ord. No. 337, § 1, 1988; Ord. No. 300, § 1(part), 1986) Page 341 of 496 Sec. 10.20.020. Decrease of state law maximum speed. A. It is determined by city council resolution and upon the basis of an engineering and traffic investigation that the speed permitted by state law is greater than is reasonable or safe under the conditions found to exist upon such streets, and it is declared the prima facie speed limit shall be as set forth in this section on those streets or parts of streets designated in this section when signs are erected giving notice hereof: Name of Street or Portion Affected Declared Prima Facie Speed Limit (mph) 4th Street--Hellman Avenue to Archibald Avenue 50 4th Street--Archibald Avenue to Haven Avenue 50 4th Street--Haven Avenue to Milliken Avenue 55 4th Street--Milliken Avenue to I-15 Freeway 50 4th Street--I-15 Freeway to Etiwanda Avenue 55 6th Street--Hellman Avenue to Archibald Avenue A 45 6th Street--Archibald Avenue to Hermosa Avenue 45 6th Street--Hermosa Avenue to Haven Avenue A "-a y 45 6th Street--Haven Avenue to Milliken Avenue . z— \* 45 6th Street--Milliken Avenue to Rochester Avenue "l 45 7th Street--Hellman Avenue to Archibald Avenue 1 45 8th Street--Grove Avenue to Baker Avenue \111 45 8th Street--Baker Avenue to Vineyard Avenue l 45 8th Street--Vineyard Avenue toAHellman.Avenue 45 8th Street--Hellman Avenue'tmArcIlibald Avenue 45 8th Street--Archibald Ave r`\`‘.to Hermosa Avenue 45 8th Street--Hermosa Avenue to Haven Avenue 45 • 9th Street--Grove Avenue to Baker Avenue • 35 9th Street--Baker Avenue to Vineyard Avenue 40 9th Street--Vineyard Avenue to Hellman Avedue 40 9th Street--Hellman Avenue to Archibald Avenue 40 Amethyst Street--Base Line Road to 19th Street 35 Amethyst Street--19th Street to Lemon Avenue 35 Amethyst Street--Lemon Avenue to Wilson Avenue 35 Amethyst Street--Wilson Avenue to Valley View 35 . Archibald Avenue--4th Street to 6th Street 45 Archibald Avenue--6th Street to 9th Street 45 Archibald Avenue--9th Street to Arrow Route 45 Archibald Avenue--Arrow Route to Foothill Boulevard 45 • Page 342 of 496 Archibald Avenue--Foothill Boulevard to Church Street 45 Archibald Avenue--Church Street to Base Line Road 45 Archibald Avenue--Base Line Road to 19th Street 45 Archibald Avenue--19th Street to Highland Avenue 45 Archibald Avenue--Highland Avenue to Lemon Avenue 45 Archibald Avenue--Lemon Avenue to Wilson Avenue 45 Archibald Avenue--Wilson Avenue to North End 50 Arrow Route--Grove Avenue to Baker Avenue 45 ' Arrow Route--Baker Avenue to Vineyard Avenue 45 Arrow Route--Vineyard Avenue to Hellman Avenue 45 Arrow Route--Hellman Avenue to Archibald Avenue 45 Arrow Route--Archibald Avenue to Hermosa Avenue 45 Arrow Route--Hermosa Avenue to Haven Avenue � 45 Arrow Route--Haven Avenue to White Oak 50 Arrow Route--White Oak to Milliken Avenue •X\// 't 1 50 Arrow Route--Milliken Avenue to Rochester Avenue 50 Arrow Route--Rochester Avenue to Etiwanda AvenueN, 50 Aspen Avenue--Red Oak Street to Foothill-Boulevard J 35 Baker Avenue--8th Street to Arrow Route "t 35 • Baker Avenue--Arrow Route to Foothill Boulevard 35 1 Banyan Street--West End to Sapphire Street 40 Banyan Street--Sapphire Street to Carnelian Street 40 Banyan Street--Carnelian Street to Beryl Street 40 Banyan Street--Beryl Street to Hellman Avenue 35 • Banyan Street--Hellman Avenue to Amethyst Street • 35 Banyan Street--Amethyst Street to Archibald Avenue 35 Banyan Street--Ramona Avenue to Hermosa Avenue 30 Banyan Street--Hermosa Avenue to Haven Avenue 30 Banyan Street--Haven Avenue to Milliken Avenue 45 Banyan Street--Milliken Avenue to Rochester Avenue 45 Banyan Street--Rochester Avenue to Day Creek Boulevard 45 Banyan Street--Day Creek Boulevard to Etiwanda Avenue 40 Base Line Road--West of City Limits to Carnelian Street 45 Base Line Road--Carnelian Street to Hellman Avenue 40 Base Line Road--Hellman Avenue to Archibald Avenue 40 Base Line Road--Archibald Avenue to Hermosa Avenue 40 • Page 343 of 496 Base Line Road--Hermosa Avenue to Haven Avenue 45 Base Line Road--Haven Avenue to Spruce Avenue 45 Base Line Road--Spruce Avenue to Milliken Avenue 50 Base Line Road--Milliken Avenue to Rochester Avenue 50 Base Line Road--Rochester Avenue to Victoria Park Lane 50 Base Line Road--Victoria Park Lane to Etiwanda Avenue 50 Base Line Road--Etiwanda Avenue to East Avenue 50 Beryl Street--Base Line Road to 19th Street 40 Beryl Street--19th Street to Lemon Avenue 40 Beryl Street--Lemon Avenue to Banyan Street 40 Beryl Street--Banyan Street to Wilson Avenue 45 Beryl Street--Wilson Avenue to Hillside Road 45 Beryl Street--Hillside Road to Reales Street 45 . Buffalo Avenue--4th Street to 6th Street • v \�— p 45 Camino Predera--Red Hill Country Club Drive to 200:two \/ 30 hundred Feet North of Predera Court �"< Canistel Avenue--Antietam Drive to Wilson Avenue ' NY 35 Canistel Avenue--Wilson Avenue to Hillside_Roa�d, )) 35 Carnelian Street--Vineyard Avenue to Base Line\R ao d 45 Carnelian Street--Base Line Road to_19th�StreetY 45 Carnelian Street--19th Street torL'mon Avenue 45 Carnelian Street--Lemon Avenue to,Banyan Street 45 Carnelian Street--Banyan Street to Hillside Road 45 Carnelian Street--Hillside Road'to Almond Street 45 Center Street--26th Street to Arrow Highway 35 Center Street--Foothill Boulevard to Church Street 40 Church Street--Pepper Street to Archibald Avenue 40 Church Street--Archibald Avenue to Hermosa Avenue 40 Church Street--Hermosa Avenue to Haven Avenue 45 Church Street--Haven Avenue to Terra Vista Parkway 45 Church Street--Terra Vista Parkway to Elm West 45 Church Street--Elm West to Spruce Avenue 45 Church Street--Spruce Avenue to Elm East 45 Church Street--Elm East to Milliken Avenue 45 Church Street--Milliken Avenue to Rochester Avenue 45 Church Street--Rochester Avenue to Day Creek Boulevard 45 • Page 344 of 496 Church Street--Day Creek Boulevard to Victoria Park Lane 40 Church Street--Victoria Park Lane to Etiwanda Avenue 40 Civic Center Drive--Haven Avenue to Red Oak 35 Civic Center Drive--Red Oak to White Oak 40 Day Creek Boulevard--Base Line to Victoria Park Lane 50 Day Creek Boulevard--Victoria Park Lane to Highland Avenue 50 Day Creek Boulevard--Foothill Boulevard to Church Street 45 Day Creek Boulevard--Church Street to Base Line Road 50 Day Creek Boulevard--I-210 Freeway to Banyan Street 45 Day Creek Boulevard--Banyan Street to Wilson Avenue 45 East Avenue--Foothill Boulevard to Miller Avenue 45 East Avenue--Miller Avenue to Base Line Road 45 East Avenue--Base Line Road to Victoria Street 45 East Avenue--Victoria Street to Highland Avenue 45. East Avenue--Highland Avenue to Summit Avenue X r 1 45 Ellena West--Base Line Road to Base Line Road \S\ 35 Elm West--Town Center Drive to Spruce Avenue . \1\ y 35 Elm East--Spruce Avenue to Foothill BoulevardK;N / 35 Elm Avenue--Foothill Boulevard to White Oak-\\1 40 Etiwanda Avenue--4th Street to Arrow Route 55 Etiwanda Avenue--Arrow Route to•Foothill,Boulevard 50 Etiwanda Avenue--Foothill.Bo I vard'to Base Line Road 45 Etiwanda Avenue--Base Line\Road to Victoria Street 45 Etiwanda Avenue--Victoria Street to Highland Avenue 45 • Etiwanda Avenue--Highland Avenue to Summit Avenue 45 Etiwanda Avenue--Summit Avenue to Wilson Avenue 45 Etiwanda Avenue--Wilson Avenue to North End 40 Fairmont Drive--Highland Avenue to Victoria Park Lane 35 Fairmont Drive--Victoria Park Lane West to Milliken Avenue 35 Fairmont Drive--Milliken Avenue to Victoria Park Lane East 35 Foothill Boulevard, Grove Avenue to Vineyard Avenue 35 Foothill Boulevard, Grove Avenue to Baker Avenue 45 Foothill Boulevard, Baker Avenue to Vineyard Avenue 45 Foothill Boulevard, Vineyard Avenue to Hellman Avenue 45 Foothill Boulevard, Hellman Avenue to Archibald Avenue . 45 Foothill Boulevard, Archibald Avenue to Hermosa Avenue 45 • Page 345 of 496 Foothill Boulevard, Hermosa Avenue to Haven Avenue 45 Foothill Boulevard, Haven Avenue to Spruce Avenue 50 Foothill Boulevard, Spruce Avenue to Milliken Avenue 50 Foothill Boulevard, Milliken Avenue to Rochester Avenue 50 Foothill Boulevard, Rochester Avenue to Day Creek Boulevard 50 Foothill Boulevard, Day Creek Boulevard to I-15 Freeway 50 Foothill Boulevard, I-15 Freeway to Etiwanda Avenue 50 Foothill Boulevard, Etiwanda Avenue to East Avenue 55 Fredricksburg Avenue--Banyan Street to Seven Pines Drive 35 Grove Avenue--8th Street to Arrow Route 40 Grove Avenue--Arrow Route to Foothill Boulevard 40 Haven Avenue--4th Street to 6th Street 50 Haven Avenue--6th Street to Jersey Boulevard � 50 Haven Avenue.--Jersey Boulevard to Arrow Route /b �� 50 XHaven Avenue--Arrow Route to Civic Center Drive ;a \-01 50 Haven Avenue--Civic Center Drive to Foothill Boulevard\N„ 50 Haven Avenue--Foothill Boulevard to Church Street 1 y 50 Haven Avenue--Church Street to Base Line=Road J 50 Haven Avenue--Base Line Road to Victoria Street A 50 Haven Avenue--Victoria Street to 19th Street _J 50 Haven Avenue--19th Street to L4monVA venue 45 N\ Haven Avenue--Lemon Avenue to Wilson Avenue 45 v Haven Avenue--Wilson Avenue to Hillside Road 45 Haven Avenue--Hillside Road to,the North End 45 Hellman Avenue--6th Street to 8th Street 45 ' Hellman Avenue--8th Street to Arrow Route 45 Hellman Avenue--Arrow Route to Foothill Boulevard 45 Hellman Avenue--Foothill Boulevard to Church Street 40 Hellman Avenue--Church Street to Base Line Road 35 Hellman Avenue--Base Line Road to 19th Street 35 Hellman Avenue--19th Street to Lemon Avenue 35 Hellman Avenue--Lemon Avenue to Manzanita Drive 35 Hellman Avenue--Manzanita Drive to Valley View 40 Hermosa Avenue--4th Street to 6th Street 45 Hermosa Avenue--6th Street to 8th Street 45 Hermosa Avenue--8th Street to Arrow Route 45 • Page 346 of 496 Hermosa Avenue--Arrow Route to Foothill Boulevard 45 Hermosa Avenue--Foothill Boulevard to Church Street 45 Hermosa Avenue--Church Street to Base Line Road 45 Hermosa Avenue--Base Line Road to 19th Street 45 Hermosa Avenue--19th Street to Lemon Avenue 45 Hermosa Avenue--Lemon Avenue to Wilson Avenue 45 Hermosa Avenue--Wilson Avenue to north end 40 Highland Avenue--Sapphire Street to Carnelian Street 40 Highland Avenue--Amethyst Avenue to Archibald Avenue 35 • Highland Avenue--Archibald Avenue to Hermosa Avenue 35 Highland Avenue--Hermosa Avenue to Mayberry Avenue 35 Hillside Road--Ranch Gate to Sapphire Street 35 Hillside Road--Sapphire Street to Carnelian Street 35 Hillside Road--Carnelian Street to Beryl Street _.-;1 40 Hillside Road--Beryl Street to Amethyst Street X {{1. 35 Hillside Road--Amethyst Street to Archibald Avenue-,\* 40 Hillside Road--Archibald Avenue to Hermosa Avenue\U1 v 40 Hillside Road--Hermosa Avenue to Haven>AvenueN, l 40 Hillside Road--Haven Avenue to Canistel Avenue 35 p Hillview Loop--Vintage Drive to Vintage Drive,/ 30 A \r Jersey Boulevard--Haven Avenue,to Milliken Avenue 45 Jersey Boulevard--Millikenavenue to‘Rochestex•Avenue 40 ' \\ y . Y Kenyon Way, Fairmont Way to,Mxlliken Avenue 35 Kenyon Way--Milliken Avenue to'Victoria Park Lane 35 • Kenyon Way--Victoria Park Lane to Ellena 35 • Lark Drive--Kenyon Way to Rochester Avenue 35 Lemon Avenue--Sapphire Street to Carnelian Street 35 Lemon Avenue--Carnelian Street to Beryl Street 35 Lemon Avenue--Beryl Street to Hellman Avenue 35 Lemon Avenue--Hellman Avenue to Amethyst Street 35 Lemon Avenue--Amethyst Street to Archibald Avenue 35 Lemon Avenue--Archibald Avenue to Hermosa Avenue 40 Lemon Avenue--Hermosa Avenue to Haven Avenue 40 Lemon Avenue--Haven Avenue to Terracina Avenue 40 Lemon Avenue--Terracina Avenue to Highland Avenue 40 Manzanita Drive--Hermosa Avenue to Haven Avenue 35 • Page 347 of 496 Miller Avenue--Etiwanda Avenue to East Avenue 40 Milliken Avenue--4th Street to 6th Street 50 Milliken Avenue--6th Street to 7th Street 50 Milliken Avenue--7th Street to Jersey Boulevard 50 Milliken Avenue--Jersey Boulevard to Arrow Route 50 Milliken Avenue--Arrow Route to Foothill Boulevard 50 Milliken Avenue--Foothill Boulevard to Base Line Road 50 Milliken Avenue--Base Line Road to Fairmont Way 50 Milliken Avenue--Fairmont Way to Highland Avenue 50 Milliken Avenue--Highland Avenue to Banyan Street 50 Milliken Avenue--Banyan Street to Wilson Avenue 45 Morning Place--Banyan Street to Vintage Drive/Meadow Glen 30 Mountain View Drive--Spruce Avenue to Milliken Avenue 40 Mountain View Drive--Milliken Avenue to Terra Vista Parkway=\ 40 Mountain View Drive--Terra Vista Parkway to Base Line Road'J 40 Netherlands View Loop--Vintage Drive to Vintage=Drive 30 Palo Alto Street--Archibald to Hellman Avenues \1 y 30 Plum Way--North Victoria Windrows Loop to:Coral Tree Road 25 Ramona Avenue--Foothill Boulevard to Church\Street 35 'N U Ramona Avenue--Church Street to-Base Line Road 35 lC \t Ramona Avenue--Base Line Road,to Victoria Street 35 \ Ramona Avenue--Victoria Street to 19th Street 35 Y Red Hill Country Club Drive—foothill Boulevard to Alta Cuesta 35 _, Red Oak Street--Jersey Boulevard to Arrow Route 40 Red Oak Street--Arrow Route to Spruce Avenue 40 Rochester Avenue--6th Street to Arrow Route 45 Rochester Avenue--Arrow Route to Foothill Boulevard 45. Rochester Avenue--Foothill Boulevard to Base Line Road 50 Rochester Avenue--Base Line Road to Highland Avenue 50 Rochester Avenue--Highland Avenue to Banyan Street 45 San Bernardino Road--Vineyard Avenue to Hellman Avenue 35 San Bernardino Road--Hellman Avenue to Archibald Avenue 35 San Sevaine Avenue--Wilson Avenue to Crescenta Way 35 . Sapphire Street--19th Street to Banyan Street 40 Sapphire Street--Banyan Street to Hillside Road 45 • Sapphire Street--Hillside Road to Almond Street 45 • Page 348 of 496 Sierra Crest View Loop--Vintage Drive to Vintage Drive 30 Spruce Avenue--Foothill Boulevard to Elm Avenue 40 Spruce Avenue--Elm East to Base Line Road 40 Sugar Gum Way--Day Creek Boulevard to Victoria Windrows 30 Loop Summit Avenue--Bluegrass to Etiwanda Avenue 45 Summit Avenue--Etiwanda Avenue to East Avenue 45 Summit Avenue--East Avenue to Wilson Avenue 50 Terra Vista Parkway--Church Street to Spruce Avenue 40 Terra Vista Parkway--Spruce Avenue to Milliken Avenue 40 Terra Vista Parkway--Milliken Avenue to Mountain View Drive 40 Terrace View Loop--Vintage Drive to Vintage Drive 30 Town Center Drive--Haven Avenue to Elm West 40 Town Center Drive--Elm West to Spruce �+( 40 Victoria Street--Archibald Avenue to Ramona Avenue,( , , ) 35 Victoria Street--Ramona Avenue to Hermosa Avenue'' 30 Victoria Street--Hermosa Avenue to Haven Avenue *\ y 30 Victoria Street--Haven Avenue to Mendocino_Place 40 Victoria Street--Etiwanda Avenue to East Avenue 40 Victoria Street--East Avenue to I-15 Freeway Y 40 Victoria Park Lane--Fairmont Way W Milliken Avenue 35 Victoria Park Lane--MillikenAAvenue'to Kenyon Way 35 Victoria Park Lane--Kenyon\Way to Rochester Avenue 35 Victoria Park Lane--Rochester Avenue to Day Creek Boulevard 40 Victoria Park Lane--Day Creek Boulevard to Base Line Road 40 Victoria Windrows Loop (Northwest)--Victoria Park Lane to 35 Rock Rose Avenue Victoria Windrows Loop (Northeast)--Rock Rose Avenue to 35 Victoria Park Lane Victoria Windrows Loop (South)--Victoria Park Lane to Victoria 35 Park Lane Victoria Gardens Lane--Day Creek Boulevard to Church Street 35 Victoria Park Lane--Church Street to Base Line Road 45 Vineyard Avenue--8th Street to Arrow Route 45 Vineyard Avenue--Arrow Route to Foothill Boulevard 45 Vineyard Avenue--Foothill Boulevard to Carnelian Street 45 Vineyard Avenue--Carnelian Street to Church Street 40 Page 349 of 496 Vineyard Avenue--Church Street to Base Line Road 40 Vintage Drive--Morning Place/Meadow Glen to Milliken Avenue 35 Vintage Drive--Milliken Avenue to Rochester Avenue 35 Wardman Bullock Road--Wilson Avenue to Glendora Drive 40 White Oak Avenue--Jersey Boulevard to Arrow Route 40 White Oak Avenue--Arrow Route to Spruce Avenue 40 Whittram Avenue--Etiwanda Avenue to Hickory Avenue 40 Wilson Avenue--Amethyst Avenue to Archibald Avenue 45 Wilson Avenue--Archibald Avenue to Hermosa Avenue 45 Wilson Avenue--Carnelian Street to Amethyst Avenue 40 Wilson Avenue--Hermosa Avenue to Haven Avenue 45 Wilson Avenue--Haven Avenue to Canistel Avenue 45 Wilson Avenue--Hellman Avenue to Amethyst Avenue 40 Wilson Avenue--(formerly Summit Avenue) Summit Avenue tom 45 Cherry Avenue ,l ■ Name of Street and Limits �\\,),Existing Posted Proposed Prima Speed Limit Facie Speed (mph) Limit (mph) Wardman Bullock/Youngs Canyon, Wilson Avenue to None 40 Koch Place V 6-1 N-� Valencia Avenue, Haven Avenue-to Base Line Road None 35 Terra Vista Parkway, Town Center to Ch[Church Street None 40 Terra Vista Parkway, Mountain'View to Church Street None 40 Bluegrass Avenue, Wilson Avenue-to Banyan Street None 40 r B. 1. Both 65 sixty five miles per hour and 55 cr miles per hour are speeds which are more than are reasonable or safe; 2. The miles per hour as stated are the prima facie speeds which are most appropriate to facilitate the orderly movement of traffic and are speed limits which are reasonable and safe on said streets or portions thereof; 3. The miles per hour stated are hereby declared to be the prima facie speed limits on said streets; and 4. The traffic engineer is hereby authorized and directed to install appropriate signs upon said streets giving notice of the prima facie speed limit declared herein. (Code 1980, § 10.20.020; Ord. No. 39, § 5.1, 1978; Ord. No. 169, § I(part), 1982; Ord. No. 279, § 1, 1985; Ord. No. 289, § 1, 1986; Ord. No. 300, § 2(part), 1986; Ord. No. 312, § I, 1987; Ord. No. 314, § 1, 1987; Ord. No. 324, § 1, 1987; Ord. No. 337, § 2, 1988; Ord. No. 340, § 1, 1988; Ord. No. 344, § 1, 1988; Ord. No. 350, § 1, 1988; Ord. No. 389, § 1, 1989; Ord. No. 390, § 1, 1989; Ord. No. 41:3, § 1, 1990; Ord. No. 437, § 1, 1990; Ord. No. 444, § 1, 1991; Ord. No. 446, § 1, 1991; Ord. No. 468 § 1, 1991; Ord. No. 487, § 1, 1992; Ord. No. 503, § 1, 1992; Ord. No. 506, § 1, 1993; Ord. No. 519, § 1, 1994; Ord. No. 540, § 1, 1995; Ord. No. 553, § 1, 1996; Ord. Page 350 of 496 No. 566, § 1, 1996; Ord. No. 568, § 1, 1997; Ord. No. 590, § 8, 1998; Ord. No. 622, § 1(part), 2000; Ord. No. 630, § 1(part), 2000; Ord. No. 644, § 1(part), 2000; Ord. No. 653, § 1, 2001; Ord. No. 680, § 1, 2002; Ord. No. 743, § 1, 2005; Ord. No. 752, § 1, 2005; Ord. No. 754, § 1, 2006; Ord. No. 764, § 1, 2006; Ord. No. 765, § 1, 2006; Ord. No. 775, § 1, 2007; Ord. No. 794, § 1, 2008; Ord. No. 836, § 1, 12-1-2010) Sec. 10.20.030. Decrease of state law speed between districts. Reference is made to the following portions of streets where the state speed law of 55 fifty five miles per hour is applicable for a distance not exceeding 2 000 two thousand feet in length between districts, either business or residence, and it is determined upon the basis of an engineering and traffic investigation that the speed permitted by state law upon the following described portions of the streets which are not state highways is greater than is reasonable or safe under the conditions found to exist upon the described portions of such streets, and it is declared that the prima facie speed limit shall be as set forth in this chapter on those portions of streets herein designated when signs are erected giving notice thereof: Portion of Street Affected Not Declared Prima Facie Speed Exceeding 2,000 Feet Between Limit Districts A - (None existing)-- (Code 1980, § 10.20.030; Ord. No. 39, § 5.2, 1978) Sec. 10.20.040. Regulation of speed by traffi cIsigna\l The city traffic engineer is authorized to regulate the timing of traffic signals so as to permit the movement of traffic in an orderly and%safe.manner at speeds slightly at variance from the speeds otherwise applicable within the district or at intersections. (Code 1980, § 10.20.040; Ord. No. 39, § 5.3, 1978) CHAPTER 5.3, MOVEMENTS Sec. 10.24.010. Placement of devices ltering normal course for.turns. The city traffic engineer is-authorized by the city council to place official traffic control devices within or adjacent to intersection indicating the course to be traveled by vehicles turning at such intersections and such course to be traveled as so indicated may conform to or be other than as prescribed by law. ' (Code 1980, § 10.24.010; Ord. No. 39, § 6.0, 1978) • Sec. 10.24.020. Restricted turn signs. The city traffic engineer is authorized by the city council to determine those intersections at which drivers of vehicles shall not make a right, left, or U-turn, and shall place proper signs at such intersections. The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs or they may be removed when such turns are permitted. (Code 1980, § 10.24.020; Ord. No. 39, § 6.1, 1978) Sec. 10.24.030. Signal-controlled intersections; right turns. The city traffic engineer is authorized by the city council to erect appropriate signs prohibiting right turns against a red or "stop" signal at any intersection. (Code 1980, § 10.24.030; Ord. No. 39, § 6.2, 1978) Page 351 of 496 CHAPTER 10.28. ONE-WAY STREETS AND ALLEYS Sec. 10.28.010. Designation of one-way streets and alleys. • The city traffic engineer is authorized by the city council to determine and designate one-way streets or alleys and shall place and maintain official traffic control devices giving notice thereof. No such designation shall be effective unless such traffic control devices are in place. (Code 1980, § 10.28.010; Ord. No. 39, § 7.0, 1978) Sec. 10.28.020. Restriction of direction of movement on streets during certain periods. The city traffic engineer is authorized by the city council to determine and designate streets, parts of streets or specific lanes thereon upon which vehicular traffic shall proceed in one direction during one period and the opposite direction during another period of the day and shall place and, maintain appropriate markings, signs, barriers or other devices to give notice thereof. The city traffic engineer may erect signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the centerline of the roadway. (Code 1980, § 10.28.020; Ord. No. 39, § 7.1, 1978) CHAPTER 10.32. SPECIAL STOPS Sec. 10.32.010.Erection of stop signs. • Whenever any ordinance or resolution of this city designates and describes any street or portion thereof as a through street, or any intersection"atwhich vehicles are required to stop at one or more entrances thereto, or any railroad grade crossing at which vehicles are required to stop, the city traffic engineer shall erect and maintain stopYigns as follows: A stop sign shall be erected on each and every street intersecting_such\through street or portion thereof so designated � and at those entrances to other intersections where`-a=stop is required and at.any railroad grade crossing so designated; provided, however, stop signs shall not be erected or maintained at any entrance to an intersection when such entrance is controlled by an official traffic control signal. Every such sign shall conform with', placed as provided in, the Vehicle Code. (Code 1980, § 10.32.010; Ord. No.�39,.§ 8:0 -1978) Sec. 10.32.020. Stop streets:, ) \\\>. A. These streets and part'bof streets established by resolution of the city council are declared to be through streets for the purposes of this section: THROUGH HIGHWAYS , , 1. Alta Cuesta--Baseline south to and including Red Hill, except Camino Sur. , , 2. Amethyst Street--Baseline north to the end, except 19th Street. 3. Archibald Avenue--Fourth Street north to 19th Street, except for Foothill Boulevard, Arrow Highway, and Baseline. 4. Archibald Avenue--19th Street north to the end, except Highland Avenue. 5. Beryl Street--Baseline north to and including Hillside Road, except 19th Street. 6. Buena Vista--Alta Cuesta south to Alta Cuesta north. 7. Camino Sur--Intersection of Alta Cuesta--4-way stop. 8. Carnelian Avenue--Foothill Boulevard north to 19th Street, except Baseline. , 9. Carnelian Street--19th Street north to and including Orange Street. 10. Carnelian Street--Orange Street north to Almond Street. Page 352 of 496 • 11. Center Avenue--Sixth Street to Eighth Street. 12. Center Avenue--Humboldt Avenue north to Arrow Route. 13. Church Street--Hellman Avenue east to Haven Avenue, except at Archibald Avenue and Turner Avenue. 14. East Avenue--Foothill Boulevard north to Highland Avenue, except Baseline. 15. Eighth Street--Archibald Avenue east to Haven Avenue at Turner Avenue. 16. Eighth Street--Grove Avenue to Archibald Avenue, except at Vineyard Avenue. 17. Etiwanda Avenue--Jurupa Avenue to Highland Avenue, except at Foothill Boulevard, San Bernardino Avenue, Arrow Route, Baseline. 18. Etiwanda Avenue--Highland Avenue north to the end. 19. Feron Street-.-Archibald Avenue to Turner Avenue. 20. Grove Avenue--Eighth Street north to Foothill Boulevard, except 9th Street, San Bernardino Road, Arrow Highway. 21. Haven Avenue--Fourth Street north to and including Wilson Avenue, except Foothill Boulevard, Baseline, Arrow Route, 19th Street, Highland Avenue. 1 • • 22. Hermosa Avenue--Baseline to Hillside, except 1 th•Street and Highland Avenue. 23. Hellman Avenue--San Bernardino Avenue to/Hillside Street, except Eighth Street, Arrow Route, Foothill and 19th Street, and Baseli nes. 24. Hillside Road--Beryl Street to Amethyst Street, except Hellman Avenue. • 25. Hillside Road--Carnelian Street to Berybktreet. 26. Highland Avenue--Amethyst;treet to Haven Avenue, except Archibald Avenue and Hermosa Avenue. �\ 27. Jersey Boulevard--Haven'Avenue east to the end of maintenance. 28. Jasper Street--Robe treerthhto 19th Street. 29. Lion Street--San Bernardino Road to Church Street. 30. Ninth Street--Arrow R ou*to Ninth Street. 31. Ninth Street--Madrone Avenue to Archibald, except Vineyard and Hellman. 32. Red Hill Country Club Drive--Foothill Boulevard to Carnelian, except at Camino Predera and Alta Cuesta. 33. Roberds Street--Jasper Street to Carnelian Street. 34. Rochester Avenue--At Eighth Street--2-way stop west/east. 35. San Bernardino Avenue--Vineyard Avenue to West Fontant city limits, except Etiwanda Avenue, Haven Avenue, and Archibald Avenue. 36. San Bernardino Road--Carnelian Avenue to Archibald Avenue, except Hellman Avenue. 37. San Bernardino Road--Upland city limit to Foothill Boulevard. 38. Sapphire Street--19th Street to north end of maintenance. 39. Summit Avenue--Etiwanda Avenue east to Duncan Canyon Road. 40. Turner Avenue--San Bernardino Avenue to Baseline, except Foothill Boulevard and Arrow Route. Page 353 of 496 41. Valle Vista--Red Hill Country Club Drive to Alta Cuesta. 42. Victoria Avenue--Etiwanda Avenue east to East Avenue. 43. Vineyard Avenue--Carnelian Street north to Baseline. 44. Vineyard Avenue--San Bernardino Avenue north to Foothill Boulevard, except Arrow Route. B. The provision of this section shall also apply at one or more entrances to the intersections as such entrances and intersections are established by resolution of the city council. C. The provisions of this section shall apply at those highway railway grade crossings as established by resolution of the city council. (Code 1980, § 10.32.020; Ord. No. 39, § 8.1, 1978) CHAPTER 10.36. MISCELLANEOUS DRIVING RULES Sec. 10.36.010. Obstruction of traffic in intersections or crosswalks. No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate e vehicle he is operating without obstructing the passage of other vehicles or pedestrians, not the nding any traffic control signal indication to proceed. (Code 1980, § 10.36.010;Ord. No. 39, § 9.0, 19 78) Sec. 10.36.020. Driving through funeral or o(itt j o ions. No driver of a vehicle shall drive betwe he eh des comprising a funeral or other authorized procession while they are in 4tand when such vehicles are conspicuously designated as required in this title. This • o - not apply at intersections where traffic is controlled by traffic signals or police offic: (Code 1980, § 10.36.020; Ord. No. 39, § ' h. 9 _ Sec. 10.36.030. Drivers in a pro Iiir Each driver in a funer: .•r . , er ession shall drive as near to the right-hand edge of the roadway as practicable and s• . -ollow he vehicle ahead as close as is practicable and safe. (Code 1980, § 10.36.030; Ord. No. 39,*,'=9.2, 1978) Sec. 10.36.040. Funeral processions to be identified. . A funeral composed of a procession of vehicles shall be identified as such by the display upon the outside of each vehicle of a pennant or other identifying insignia.or by such other method as • may be determined and designated by the traffic enforcement division. (Code 1980, § 10.36.040; Ord. No. 39, § 9.3, 1978) Sec. 10.36.050. Permits required for parades and processions. . . . . . •. . - . - .. •- . . •- . . . . - , . : : • : , , . - . • . . . No person shall engage in. conduct, or carry on the activity of a parade or assembly along any street except in accordance with chapter 8.44 . - - ' • : ..• • . . . - . . •• . .. •- . . . . • - . • - -: _ . (Code 1980, § 10.36.050; Ord. No. 39, § 9.4, 1978) Page 354 of 496 Sec. 10.36.060. Driving upon another's property. No person shall drive a motor vehicle on any lands belonging to or occupied by another, without having, and, upon request of a peace officer, displaying, written permission from the owner of such lands or his agent, or the person in lawful possession thereof; provided, however, that this section shall not be applicable to persons having visible or lawful business with the owner, agent or person in lawful possession. (Code 1980, § 10.36.060;Ord. No. 39, § 9.5, 1978; Ord. No. 39-A, § 1(part), 1980) CHAPTER 10.40. PEDESTRIAN RIGHTS AND DUTIES Sec. 10.40.010. City traffic engineer to establish crosswalks. A. The city traffic engineer . . : . . . . - • . . - • :hall establish, designate and maintain crosswalks at intersections and other places by appropriate devices, marks or lines upon the surface of the roadway where in his opinion there is particular danger to pedestrians crossing the roadway. B. The city traffic engineer may install signs at or adjacent to an intersection in respect to any crosswalk directing that •edestrians shall not cross in the crosswalk so indicated. (Code 1980, § 10.40.010; Ord. No. 39, § 10.2, 1978; Ord. No. 169 .1%. , 1:2) Sec. 10.40.020. Crossing at right angles. Except where otherwise indicated by a cro r er official traffic control devices, a pedestrian shall cross a roadway at right angles o the b r by the sheReutcot shortest route to the opposite curb. (Code 1980, § 10.40.020; Ord. No. 39, § 10.0, 1 8) Sec. 10.40.030. Prohibited crossin•. A. No pedestrian shall cros-, :c i way er than in a crosswalk in any business district. B. No pedestrian shall c © a :,. • other than in a crosswalk upon any of the designated through streets. (Code 1980, § 10.40.030; Ord. No. 10.1, 1978) CHAPTER 10.44. STOPPING, STANDING OR PARKING IN SPECIFIED PLACES* *State law reference—Authority for city to adopt stopping, standing and parking regulations, Vehicle Code§ 21100(o)(2);stopping, standing and parking regulations, Vehicle Code§ 22500 et seq. Sec. 10.44.010. Designation of no stopping zones and no parking areas. A. The city traffic engineer is authorized by the city council to determine the location of no stopping zones and no parking areas and shall place and maintain appropriate signs or markings indicating the same and stating the hours during which the provisions of this chapter and the Vehicle Code are applicable. B. No stopping zones and no parking areas shall be indicated by red paint upon the top of all curbs in such zones and areas or by signing. (Code 1980, § 10.44.010;Ord. No. 39, § 12.0, 1978) Sec. 10.44.020. Prohibited stopping, standing, or parking. No person shall stop, park, or leave standing any vehicle, whether attended or unattended, except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or official traffic control device, in any of the following places: Page 355 of 496 A. Within any divisional island unless authorized and clearly indicated with appropriate signs or markings; B. On either side of any street between the projected property lines of any public walk, public steps, street, or thoroughfare terminating at such street, when such area is indicated by appropriate signs or by red paint upon the curb surface; C. In any area where the city traffic engineer determines that the parking or stopping of a vehicles would constitute a traffic hazard or would endanger life or property or would cause unusual delay to traffic, when such area is indicated by appropriate signs or by red paint upon the curb surface; D. In any area established by the city traffic engineer as a no parking area, when such area is indicated by appropriate signs or by red paint upon the curb surface; E. Within any parkway; F. On any street or highway where the use of such street or highway or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or the installation of underground utilities or where the use of the street or highway or any portion thereof is authorized for a purpose other than;the normal flow of traffic or where the use of the street or highway or any portion thereof is authorized for a purpose other • than the normal flow of traffic or where the use/of'f the- t ers et or highway or any portion. • thereof is necessary for the movement of equipment, articles, or structures of unusual size, and the parking of such vehicle would\prohibit or interfere with such use or movement; provided that signs giving notice\such no parking are erected or placed at u least 24 twenty-fer-hours prior to the effective time of such no parking; G. At any place within 20 twenty feet-of'a\crosswalk at an intersection in any business district when such place is indicated by app of priate signs or by red paint upon the curb surface except that a bus may stop at a designated bus stop; H. Within 20 twenty feet ofsthe approach to any traffic signal, boulevard, stop sign, or official electric flashing device'. (Code 1980, § 10.44.020; Ord. o4; § 12:78) Sec. 10.44.030. Parking not tofu struct traffic. No person shall park any vehicle upon a street, other than an alley, in such a manner or under such conditions as to leave available less than ten,feet of.the width of the roadway for free movement of vehicular traffic. (Code 1980, § 10.44.030; Ord. No. 39, § 12.2, 1978) Sec. 10.44.040. Parking in alleys. No person shall park a vehicle within an alley in such a manner or under such conditions as to leave available less than ten feet of the width of the roadway for the free movement of vehicular traffic and no person shall stop, stand or park a vehicle within an alley in such position as to block the driveway entrance to any abutting property. (Code 1980, § 10.44.040; Ord. No. 39, § 12.3, 1978) Sec. 10.44.050. Parking for certain purposes prohibited. No person shall park a vehicle upon any roadway for the principal purpose of: A. Displaying such vehicle for sale; B. Washing, polishing, greasing, or repairing such vehicle, except for repairs necessitated by an emergency. Page 356 of 496 •(Code 1980, § 10.44.050; Ord. No. 39, § 12.4, 1978) Sec. 10.44.060. Parking adjacent to schools. The city traffic engineer is authorized by the city council to place signs or markings indicating no parking upon either or both sides of any street adjacent to any school property when such parking would, in his opinion, interfere with traffic or create a hazardous situation. (Code 1980, § 10.44.060; Ord. No. 39, § 12.5, 1978) Sec. 10.44.070. Parking prohibited on narrow streets. The city traffic engineer is authorized by the city council to place signs or markings indicating no parking upon any street when the width of the roadway does not exceed 20 twenty-feet, or upon one side of a street as indicated by such signs or markings when the width of the roadway does not exceed 30 thirty feet. (Code 1980, § 10.44.070; Ord. No. 39, § 12.6, 1978) Sec. 10.44.080. Standing or parking on one-way streets. The city traffic engineer is authorized by the city council to erect signs upon the left-hand side of any one-way street to prohibit the standing or parking of vehicles. (Code 1980, § 10.44.080; Ord. No. 39, § 12.7, 1978) Sec. 10.44.090. Standing or parking on one-way roadways. In the event a highway includes two or more separ t re oadways and traffic is restricted to one direction upon any such roadway, no person shall stand or park a vehicle upon the left-hand side of such one-way roadway unless signs are erected to,permiesuch standing or parking. The city traffic engineer is authorized by the city council to determine when standing or parking may be permitted upon the left-hand side of any such one-way roadway and to erect signs giving notice thereof. (Code 1980, § 10.44.090; Ord. No. 39, § 12.8, 1978) State law reference—Parking on a one-way roadway, Vehicle Code § 22502(e)(1). Sec. 10.44.100. Parking on grades: No person driving, or in control oo\or in charge of, a motor vehicle shall permit it to stand on any highway unattended when upon any grade exceeding five percent within any business or residence district without blocking/the wheels of the vehicle by turning them against the curb or by other means. (Code 1980, § 10.44.100; Ord. No. 39, § 12.9, 1978) Sec. 10.44.110. Unlawful parking; peddlers, vendors. • A. Except as otherwise provided in this section, no person shall stand or park any vehicle, or pushcart from which goods, wares, merchandise or food are sold, displayed, solicited or offered for sale or bartered or exchanged, or any lunch wagon or eating car or vehicle, on any portion of any street within this city except that such vehicles, or pushcarts, may stand or park only at the request of a bona fide purchaser for a period of time not to exceed ten minutes at any one place. The provisions of this subsection shall not apply to persons delivering such articles upon order of, or by agreement with, a customer from a store or other fixed place of business or distribution. B. No person shall park or stand on any street any lunch wagon, eating cart or vehicle, or pushcart from which articles of food are sold or offered for sale, without first obtaining a written permit to do so from the city traffic engineer which shall designate the specific location in which such cart shall stand. Page 357 of 496 C. No person shall park or stand any vehicle used or intended to be used in the transportation of property for hire on any street while awaiting patronage for such vehicle without first obtaining a written permit to do so from the city traffic engineer which shall designate specific location where such vehicle may stand. D. Whenever any permit is granted under the provisions of this section and a particular location to park or stand is specified herein, no person shall park or stand any vehicle, or pushcart, on any location other than as designated in such permit. In the event that the holder of any such permit is convicted in any court jurisdiction for violating any of the provisions of this section, the permit shall be forthwith revoked by the city traffic engineer upon the filing of the record of such conviction with such officer and no permit shall thereafter be issued to such person until six months have elapsed from the date of such revocation. E. Notwithstanding any other provision of this section to the contrary, no person shall park, stop or stand any vehicle or pushcart upon any part of any street of the city for the purposes of selling any food or beverage from such vehicle or pushcart within 1 000 one thousand feet of and from the exterior boundary of property used or occupied by any public school within the city between the hours Of 7:00 a.m. and 4:00 p.m., inclusive, on days when school is in session. This subsection shall not apply to delivery of food or beverages solely to householders or business establishments. (Code 1980, § 10.44.110; Ord. No. 39, § 12.10, 1978; Ord. No. 21 1983)' Sec. 10.44.120. Emergency parking signs. s*C):\ Whenever the city traffic engineer determines•th`atan emergency traffic congestion is likely to result from the holding of public or private processions\or a semblages, he is authorized by the local authority to place temporary signs indicating that the operation, parking or standing of vehicles is prohibited on such streets and alleys Such=signs shall remain in place only during the existence of such emergency and the city traffic engineer shall remove the signs thereafter. (Code 1980, § 10.44.120; Ord. No. 39, § 12:11, 1978) Sec. 10.44.130. Parking of vehicles1pon.streets in excess of 72 °evonty two hours. A. No person shall park leave standing, or store upon any publicly maintained highway, street, alley or other place open for vehicular travel, any vehicle, as defined in Section 670 of the California Vehicle Code § 670, for-more than 72 seventy two consecutive hours. A vehicle shall be considered to be parked, left standing, or stored in violation of this section if it has not been moved more than two-tenths of• a mile (1,056 one thousand fifty six feet) within • 72 seventy two consecutive hours. A vehicle may be found to be in violation of this section whether occupied or not. B. In the event a vehicle is found to be in violation of subsection A of this section, the vehicle, may be removed as provided in California Vehicle Code § 22651, or any successor provision thereto. (Code 1980, § 10.44.130; Ord. No. 806, § 1, 2-4-2009) provisions to read as herein set out. Prior to amendment, § 10.44.130 pertained to storage of vehicles upon streets. Sec Ordinance List and Disposition Table for derivation. Sec. 10.44.140. Immobilization and/or removal of vehicles from streets, highways, off- street parking facilities and handicapped parking spaces. City employees designated by the city manager are authorized to remove vehicles parked on public streets, highways, off-street parking facilities and handicapped parking spaces in accordance with the provisions of California Vehicle Code §§ 22651, 22651.3 and 22652, or their successor provisions. The city employees are further authorized to immobilize certain vehicles Page 358 of 496 parked on public streets and highways in accordance with California Vehicle Code § 22651.7, or any successor provision. (Code 1980, § 10.44.140; Ord. No. 330, § 3, 1987) State law reference—Removal of vehicles unlawfully parked, Vehicle Code § 22651; removal of vehicles for parking violations parked in off-street public parking facility, Vehicle Code § 22651.3; removal of any vehicle from a stall or space designated for physically disabled persons pursuant to Vehicle Code §§ 22511.7 or 22511.8, Vehicle Code § and 22542; immobilization of vehicle in lieu of removing such vehicle, Vehicle Code § 22651.7. CHAPTER 10.48. STOPPING FOR LOADING OR UNLOADING ONLY Sec. 10.48.010. Designation of loading zones and passenger loading zones. A. The city traffic engineer is authorized by the city council to determine the location of loading zones and passenger loading zones and shall place and maintain appropriate signs or markings indicating the same and stating the hours during which the provisions of this chapter and the Vehicle Code are applicable. B. Loading zones shall be indicated by yellow paint upon the top of all curbs in said zones. Yellow shall mean no stopping, standing or parking at any timer between 7:00 a.m. and 6:00 p.m. of any day, except Sundays and holidays for any purpose other than the loading or unloading of passengers which shall not consume more than three minutes,non the loading or unloading of freight more than 20 twenty-minutes. C. Passenger loading zones shall be indicated-by white paint upon the top of all curbs in such zones. White shall mean no stopping, standing or parking for any purpose other than loading or unloading of passengers, or for the purpose *depositing mail in an adjacent mail box, which shall not exceed three minutes and such rest`rictio s`shall apply between 7:00 a.m. and 6:00 p.m. of any day except Sunday and holidays and except asfollows: 1. When such zone is in front of a hotel or in front of a mailbox, the restrictions shall apply at all times. 2. When such zone is in-front'of a theater, the restrictions shall apply at all times except when such theater is loc sed.\> \\ y (Code 1980, § 10.48.010; Ord. No. 39;,§ 13.0, 1978) y Sec. 10.48.020. Effect of permission to load or unload. A. Permission granted•in this chapter to stop or stand a vehicle for purposes of loading or unloading of freight shall apply only to commercial vehicles and shall not extend beyond the time necessary therefor and in no effect for more than 20 twenty minutes. B. The loading or unloading of freight shall apply only to commercial deliveries, also the delivery or pick-up of express and parcel post packages and United States mail. C. Permission granted in this chapter to stop or park for purposes of loading and unloading passengers shall include the loading or unloading of personal baggage but shall not extend beyond the time necessary therefor and in no event for more than three minutes. D. Within the total time limits above specified in this section, the provisions of this section shall be enforced so as to accommodate necessary and reasonable loading or unloading but without permitting abuse of the privileges granted by this chapter. (Code 1980, § 10.48.020; Ord. No. 39, § 13.1, 1978) Page 359 of 496 Sec. 10.48.030. Standing in any alley. No person shall stop, stand, or park a vehicle for any purpose other. than the loading or unloading of passengers of freight in any alley. (Code 1980, § 10.48.030; Ord. No. 39, § 13.2, 1978) Sec. 10.48.040. City traffic engineer to designate public carrier stops and stands. The city traffic engineer is authorized by the city council to establish bus stops, bus stands, taxicab stands and stands for other passenger common-carrier motor vehicles on such streets in such places and in such number as he shall determine to be of the greatest benefit and convenience to the public, and every such bus stop, bus stand, taxicab stand or other stand shall be designated by appropriate official traffic control devices. (Code 1980, § 10.48.040; Ord. No. 39, § 13.3, 19 78) Sec. 10.48.050. Stopping, standing and parking of busses and taxicabs. A. The operator of a bus shall not stand or park such vehicle upon any street at any place other than a bus stand so designated as provided herein. B. The operator of a bus shall not stop such vehicle upon any street at any place for the purpose of loading or unloading passengers or their baggage other_than at a bus stop, bus stand, or passenger loading zone so designated as provided herein, ezcept-in case of an emergency. C. The operator of a taxicab shall not stand or park such vehicle upon any place other than in a taxicab stand so designated as provided herein:This provision shall not prevent the operator of a taxicab from temporarily stopping in accordance with other stopping or parking regulations at any place for the purpose of and while actually gaged in the expeditious loading or unloading of passengers. ��� (Code 1980, § 10.48.050: Ord. No. 39, § 13.4, 1978)y Sec. 10.48.060. Restricted use of bus and'taxicab stands. No person shall stop, stand,6i pai•k_a_vehicle other than a bus in a bus stop, or other than a taxicab in a taxicab stand when any such stop or stand has been officially designated and appropriately signed, except-that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such zone. • (Code 1980, § 10.48.060; Ord. No. 39, § 13.4, 1978) • CHAPTER 10.50. PERMIT PARKING DISTRICTS Sec. 10.50.010. Definitions. As used in this chapter, the following terms shall have the following meanings: A-Engineer means the city engineer of the city : ' . _. . • _ .r his or her designee. P—Guest means any person visiting or intending to visit a resident in a permit parking district. H-Pernrit pat-king district means an area established by resolution of the city council wherein parking restrictions apply to all vehicles except vehicles which have been issued a parking permit pursuant to this chapter and vehicles exempted by section 10.50.100. C.Resident means a person who lives in a dwelling unit located within a permit parking district. (Code 1980, § 10.50.010; Ord. No. 39-C, § 1(part), 1988) • Page 360 of 496 Sec. 10.50.020. Designation of permit parking districts; findings. The city council may establish permit parking districts by resolution. Any such resolution shall designate the boundaries of the permit parking district and shall specify the nature of the parking limitations which apply within the district to operators of vehicles other than vehicles which have been issued a permit pursuant to this chapter, or which are exempted from this chapter pursuant to section 10.50.100. Every such resolution shall be based on the findings as follows: A. Commuter vehicles, defined as those vehicles operated by persons whose destinations are to nonresidential areas or uses, do or may substantially and regularly interfere with the use of the majority of available parking spaces for use of residents; B. The interference by commuter vehicles occurs at regular and significant daily or weekly intervals; C. That the commuter vehicles being driven or parked in the area of the proposed permit parking district cause or are the source of unreasonable noise, traffic hazards, environmental pollution or devaluation of real property in such proposed district; D. That 75 ccvcnty five percent of the residents within the proposed district desire, agree or request permit parking privileges (unless established by city council action in absence of . a petition); E. That no unreasonable displacement of commuter vehicles will result into surrounding residential areas; ` F. That no alternative solution, other than the establissh'ment of the permit parking district, is feasible or practical. (Code 1980, § 10.50.020; Ord. No. 39-C, § ](part)1988 Sec. 10.50.030. Reserved. Editors Note: Or No. 823, § 1, adopted Nov. 18, 009, deleted § 10.50.030, in itc entirety. Former § Sec. 10.50.040. Petitions. ,Q `\ Y _ _- . . - : • - :-. Residents may petition the\city council for the establishing of a permit parking district. Any such petition shall designate the boundaries of the proposed district and shall be signed by at least 75 ccvcnty five percent of the residents within the proposed district. Such a petition shall be filed • with the engineer who shall prepare a report to the city council on the proposed district, including • the engineer's recommendations regarding the establishment thereof. The engineer shall forward his report, together with the petition, to the city council. Nothing in this section shall be construed to limit the authority of the city council to establish a permit parking district in the absence of such a petition. (Code 1980, § 10.50.040; Ord. No. 39-C, § ](part), 1988) Sec. 10.50.050. Signs. Upon the establishment of a permit parking district, the engineer shall cause appropriate signs to be erected in the district, indicating thereon the parking limitation applicable to the district and the exemption therefrom of vehicles with permits. The regulations pertaining to any permit parking district shall not apply until signs or markings giving adequate notice thereof have been placed. (Code 1980, § 10.50.050; Ord. No. 39-C, § ](part), 1988) • Page 361 of 496 Sec. 10.50.060. Exemption for permit holders. The parking limitations imposed within a permit parking district pursuant to this chapter shall not apply to vehicles for which a parking permit pertaining to that district has been issued and displayed in the manner prescribed in section 10.50.090. No such permit shall reserve any particular parking place within the district to the holder of the permit. Each such permit shall be valid only for the permit parking district for which it is issued. (Code 1980, § 10.50.060; Ord. No. 39-C, § 1(part), 1988) Sec. 10.50.070. Issuance of permits. Applications for permits to park within a permit parking district may be made by any resident within such district. Such applications shall be filed with the engineer. Unless otherwise prescribed by the resolution establishing the district, not more than three permits (exclusive of guest parking permits) shall be issued to residents of any single dwelling unit. Any person aggrieved by the decision of the engineer may appeal such decision to the city manager, whose decision on the matter shall be final. (Code 1980, § 10.50.070; Ord. No. 39-C, § 1(part), 1988) Sec. 10.50.080. Guest parking permits. Unless otherwise prescribed in the resolution establishing a permit parking district, each resident holding a parking permit shall be entitled to receive guest parking permit forms from the L. C7 engineer. The use of guest parking permits shall be design m the resolution establishing the permit parking district. .� (Code 1980, § 10.50.080; Ord. No. 39-C, § 1(part), 1988) Sec. 10.50.090. Display of permits. ir� A. A parking permit issued pursuant to this chapter (other than a guest parking permit) shall be permanently affixed to the lower\diiver side of the inside of the rear window of the vehicle for which it was issued. B. Guest parking permits-shallbe-displayed face up on the driver front dashboard of the vehicle for which it was issued" \�Y (Code 1980, § 10.50.090; Ord. No. 39-C, § 1(part), 1988) Sec. 10.50.100. Exempt vehicle 7 The following vehicles are exempt from the parking restrictions applicable to any permit parking district: A. Repair, maintenance, 'refuse collection, utility, delivery and service vehicles being used in the course of business; B. Vehicles owned or operated by any governmental agency, or contractor of a governmental agency, being used in the course of business. C. Emergency, life support and health care vehicles being used in the course of business. (Code 1980, § 10.50.100; Ord. No. 39-C, § 1(part), 1988) Sec. 10.50.110. Authority of the engineer. The engineer is authorized to establish rules and procedures and to produce signs, forms and other materials necessary or appropriate to implement the provisions of this chapter. (Code 1980, § 10.50.110; Ord. No. 39-C, § 1(part), 1988) Page 362 of 496 Sec. 10.50.120. Dissolution of permit parking district. The city council may, by resolution, terminate and dissolve any previously established permit parking district. (Code 1980, § 10.50.120; Ord. No. 39-C, § 1(part), 1988) Sec. 10.50.130. Penal provisions. A. Unless exempted by the provisions of this chapter, no person shall stand or park a motor vehicle in any permit parking district in violation of any parking restrictions established pursuant to this chapter. B. No person shall falsely represent himself or herself as eligible for a parking permit or furnish false information to the engineer or his representatives in an application for a parking permit. C. No person who has been issued a parking permit shall thereafter allow the use thereof by any other person. D. No person shall copy, produce, create or use any facsimile or counterfeit parking permit. E. Any act or omission declared unlawful by the provisions of this chapter is an infraction punishable by a fine not to exceed that set by the current uniform countywide bail schedule . pursuant to the terms of the California Vehicle Code- (Code 1980, § 10.50.130; Ord. No. 39-C, § 1(part), 1988) CHAPTER 10.52. STOPPING, STANDING OR PARKING RESTRICTIONS Sec. 10.52.010. Authority of city traffic engineer. The city traffic engineer is authorized'by the c ty:council, on the basis of an engineering and traffic survey, to prohibit, regulate, or limit stopping, standing or parking of vehicles and shall place and maintain official traffic control devices indicating the same and stating the hours during which the provisions of this chapter annd d the Vehicle Code are applicable. (Code 1980, § 10.52.010; Ord. No. 39,.§ 14:0;1978) Sec. 10.52.020. Time limit parking zones. • Time limit parking zones \24-minute, 40-minute, one-hour, two-hour, etc., shall be indicated by posting the appropriate sign(s))or by green paint upon the top of all curbs in said zones. The sign or green paint shall mean no standing or parking for a period of time longer than indicated at any time between 9:00 a.m. and 6:00 p.m. on any day except Sundays and holidays. (Code 1980, § 10.52.020: Ord. No. 39,.§ 11.1, 1978; Ord. No. 39-D, § 1, 199.2) Sec. 10.52.025. Paid parking zones. A. Paid parking zones are those streets and portions of streets in the city where persons parking vehicles shall be required to pay a specified rate during regulated hours. Upon designation of these zones, proper signs shall he erected giving notice thereof. Parking restrictions in a paid parking zone shall not go into effect until such signage is posted. Parking spaces in the•zone may he designated with white lines painted on the street. B. No person shall park in any paid parking zone without paying the required parking rate. C. If the parking spaces in any paid parking zone have been delineated, no person shall park a single vehicle in more than one such parking space. • Page 363 of 496 D. The Cucamonga Canyon Paid Parking Zone is located on both sides of Almond Street between Sapphire Street and a point located 150 feet west of Henry Street. The hours of enforcement are from 7:00 a.m. to 6:00 p.m. The parking rate schedule shall be as follows: Off-peak schedule (October 1 through April 30) Nonresidents Residents Monday through Thursday $15.00/day $0.00/day Friday through Sunday $20.00/day $0.00/day Peak schedule (May 1 through September 30) Nonresidents Residents Monday through Thursday $20.00/day $0.00/day Friday through Sunday $25.00/day $0.00/day For these purposes, a resident is any person who resides in the city and who can provide valid proof of residency. E. The city manager or his or her designee may a pt measures he or she deems necessary or convenient to enforce any paid parking zone • (Ord. No. 864, § 1, 5-7-2014) Sec. 10.52.030. Parking space markings. The city traffic engineer is authorized by '.e city o ncil to install and maintain parking space markings to indicate parking spaces f x„4 , et : d off-street parking. (Code 1980, § 10.52.030; Ord. No. 39, § 14.2, 1 78;Or. i o. 169, § 1(part), 1982) Sec. 10.52.040. Signs or markings • i 'ng •ngle parking. A. The city traffic engine .; :.., :.. : : . • - • . •: - • -'. shall determine upon what streets angle parking shall b r.' fte: nd shall mark or sign such streets, but such angle parking shall not be indica -1t, n e'ral-aid or the state highway within the city unless the department of transportation <;:s determined that the roadway is of sufficient width to permit angle parking without interferin: ith the free movement of traffic. B. Angle parking shall not be indicated or permitted at any place where traffic would be caused or required to drive upon the left side of the street. (Code 1980, § 10.52.040; Ord. No. 39, § 11.0, 1978; Ord. No. 169, § 1(part), 1982) Sec. 10.52.050. Parking overweight vehicles; weight limitation. A. No person shall park or leave standing any commercial vehicle, as the same is defined in the California Vehicle Code, having a manufacturer's gross vehicle weight rating of 10,000 ten thAtusand pounds or more on any street, or portion thereof, located in a residential district within the city. B. Where signs or markings have been placed directing compliance with the provisions of this subsection, no person shall park or leave standing on any public street, highway, parkway or property dedicated to public use in any residential district within the city, any vehicle, motor truck, trailer, semitrailer or combination thereof having a manufacturer's gross vehicle weight rating of 1 1/2 tons or more, or a width in excess of 80 eighty inches. C. Where signs or markings have been placed directing compliance with the provisions of this subsection, no person shall park or leave standing on any public street, highway, parkway or Page 364 of 496 property dedicated to public use, in any commercial or industrial district of the city, any vehicle, motor truck, trailer, semitrailer or combination thereof having a manufacturer's gross vehicle weight rating of three tons or more, or a width in excess of 80 eighty inches. D. The provisions of this section shall not apply to the following: 1. Public emergency vehicles; 2. Vehicles parked for the purpose of making pick-ups and deliveries while actively involved in such activity; 3. Vehicles parked in connection with, and in aid to, the performance of a service to, or on, a property in the block where such vehicle is parked while actively involved in such service activity;-and 4. Public utility vehicles; and 5. Where signs have been erected authorizing temporary parking of such vehicles. (Code 1980, § 10.52.050; Ord. No. 27, §§ 1--4, 1978; Ord. No. 343, § 1, 1988) Sec. 10.52.060. Parking of trailers or semitrailers. A. No person shall park or leave standing any trailer or semitrailer upon any public street, highway, alley, parkway or property dedicated to public use,_or'any portion thereof, unless the A ng trailer or semitrailer is at all times while so parked andstanding attached to a vehicle capable of moving such trailer or semitrailer. B. This section shall not apply to trailers or semitra`lers in the process of being loaded or unloaded while actively involved in such activity, or\trailers or semitrailers parked and left standing in connection with, and in aid to, the performance of a service to,_or on, a property in the block in which such vehicle is parked whi R actively involved in such activity. (Code 1980, § 10.52.060; Ord. No. 34, §§ 1, 2, 1978; Ord)No. 343, § 2, 1988) Sec. 10.52.070. Parking on private property. A. It is unlawful for any_ persoln-to:park, or cause to be parked, any vehicle upon any privately owned property in,theVcity without the consent of the owner, tenant, or other person entitled to possession of such property. Y B. It is unlawful for the owner of any vehicle to allow such vehicle to be parked upon any privately owned property in the city without the consent of the owner, tenant, or other person entitled to possession of such property. • C. For the purposes of this section, there shall be a presumption of lack of consent when all of the following conditions exist: • 1. The vehicle is not owned by or leased to the owner, tenant or other person entitled to possession of the property. 2. The vehicle is a motor truck, trailer, or combination thereof. 3. The vehicle is parked on the property for more than one consecutive hour between the hours of 10:00 p.m. on one day and 6:00 a.m. on the following day. (Code 1980, § 10.52.070; Ord. No. 34, §§ I--3, 1978) Sec. 10.52.080. Parking of mobile billboard advertising displays prohibited. A. Pursuant to the authority set forth in California Vehicle Code § 21100, it is unlawful for any person to park, stand, or otherwise allow to remain upon any city street, any mobile billboard advertising display. The term "mobile billboard advertising display" shall have that meaning as set forth in California Vehicle Code § 395.5, and includes any advertising display that is attached Page 365 of 496 to a wheeled, mobile, non-motorized vehicle that carries, pulls, or transports a sign or billboard, and is for the primary purpose of advertising. B. Pursuant to the authority set forth in California Vehicle Code § 22651, a mobile billboard advertising display may be removed by any police officer when left parked or standing in violation of this section, if the registered owner of the vehicle was previously issued a warning citation for violation of this section, advising the registered owner that he or she may be subject to penalties upon a subsequent violation of this section, that may include removal of the vehicle. Alternatively, a mobile billboard advertising display may be removed without prior issuance of a warning citation, if the city has posted signs in accordance with California Vehicle Code § 22507(a), giving notice that it is unlawful to park, stand or otherwise allow to remain upon any city street, any mobile billboard advertising display. • C. Every registered owner of a mobile billboard advertising display that is removed pursuant to this section shall be subject to all provisions of the California Vehicle Code related to vehicle impound, storage, release, and disposition, including payment of all applicable fees. (Code 1980, § 10.52.080; Ord. No. 839, § 1, 4-6-2011) Editors Note: Ord. No. 830, § 1, adopted April 6, 2011, renumbered § 10.62.080 as § 10.52.090 and enacted Sec. 10.52.090. Penalty for infractions; tow away. Any act or omission declared unlawful by the ,provisions\ofothis chapter is an infraction v punishable by a fine not to exceed that set by the current uniform countywide bail schedule established pursuant to the terms of the Californ a\ehucle- Code. Any vehicle left parked or standing in violation of the provisions of this chapter shall be subject to being towed away in accordance with those regulations set forth in_the Caaliforriia Vehicle Code pertaining to the towing of vehicles from public streets and property. (Code 1980, § 10.52.090; Ord. No. 41, § 1, 1978; Or d. No. 343, § 3, 1988) Note: See editor's note following § 10.52:080. " r2' CHAPTER 10.54. ELECTRIC\IVEHICLE PARKING AT PUBLIC AND PRIVATE CHARGING STATIONS Sec. 10.54.010. Use of public and private electric vehicle charging stations. A. It is unlawful and an infraction for any person to park or stand any motor vehicle within any parking space or stall located within or upon any: 1.(a)Public street or other public property, including any publicly owned off-street parking . facility; or . . 2.(b)Any private street, or private off-street parking facility open for public use (with or without charge); that is designated for the exclusive purpose of parking and charging an electric vehicle ("electrical charging station"), unless that vehicle is connected for electric charging purposes. B. The term "electric vehicle" means any motor vehicle registered to operate on California state public roadways and that operates either partially or exclusively on electrical energy from the grid or an off-board source that is stored on-board for motive purposes. The term "electric vehicle" includes: 1.(-14A battery electric vehicle (BEV); 2. (2) A plug-in hybrid electric vehicle (PHEV); 3. (3) • A neighborhood electric vehicle (NEV); • • Page 366 of 496 4. (4) An electric motorcycle; 5. (5} A fuel cell vehicle (FCV); or 6. (6) Any other registered vehicle that is defined as an electric vehicle in the California Vehicle Code. C. Notwithstanding subsection A, above of this section, and excepting electric charging stations located at the Metrolink or other transit stations, it is unlawful and an infraction for any person to leave any vehicle connected to an electric charging station for longer than four (4) consecutive hours. (Ord. No. 861, § 1, 8-7-2013) Sec. 10.54.020. Designation of parking spaces and stalls for electric charging purposes. The provisions of section 10.54.010A and/or . B may not be enforced unless and until posting of signage has occurred as described in this section. Designation of public and private parking places and/or stalls, as described and referred to in section 10.54.O10A, shall consist of the posting of a sign not less than 17 inches by 22 inches in size, with lettering not less than one inch in height, that clearly and conspicuously states the following: "Unauthorized vehicles not connected for electric charging purposes, or connected for longer than four (4) consecutive hours, may be cited in accordance with R.C^M.0-Sec. 10.54.010." Signs posted pursuant to this section at the Metrolink or other transit station ss hall contain no time restriction. The required sign shall he posted immediately adjacent ,"and shall be visible from, the parking space or stall. If located within a public or private off-street parking facility open to the public, the required sign may be posted in a conspicuous place to each enr trance to the facility. (Ord. No. 861, § 1, 8-7-2013) Sec. 10.54.030. Other provisions of this Code remain in effect. 11 Nothing in this chapter 10.51 shall affect or excuse any violation of any other provision of this Code. ��- (Ord. No.861, § 1, 8-7-2013) CHAPTER .56. TRUCK ROUTES AND RESTRICTIONS • Sec. 10.56.010. Unrestricted fuck routes. A. Except as hereinafter pro iv ded, or as otherwise provided by law, commercial vehicles and vehicle combinations described in Sectionc 35400 and 35401 of the California Vehicle Code §§ 35400 and 35401, or their successor provisions, and vehicles which exceed a maximum gross weight of three tons, may be operated only on streets designated as "unrestricted truck routes." Unrestricted truck routes in the city include: 1. All streets within the area defined by the city industrial area specific plan as the "industrial district;''-' 2. Highland Avenue from Haven Avenue to the east city limits; 3. Base Line Road from the west city limits to the east city limits; 4. Foothill Boulevard from the west city limits to the east city limits; 5. Arrow Route from Cucamonga Creek to the east city limits; 6. Eighth Street from the west city limits to Vineyard Avenue; 7. Fourth Street from the west city limits to the east city limits; 8. Grove Avenue from 8th Street to Foothill Boulevard; Page 367 of 496 9. Vineyard Avenue from 8th Street to Foothill Boulevard; 10. Archibald Avenue from 4th Street to Foothill Boulevard; 11. Haven Avenue from 4th Street to State Route 30; • 12. Milliken Avenue from 4th Street to State Route 30; 13. Day Creek Boulevard from Rochester Avenue to State Route 30; 14. Etiwanda Avenue from 4th Street to Foothill Boulevard; 15. East Avenue from Foothill Boulevard to State Route 15. B. The provisions of this section may be enforced when and where the city traffic engineer has provided signing designating unrestricted truck routes. C. Extra large trucks, as defined in section 10.56.030, may operate only on the routes designated in said section. D. Exceptions. 1. Nothing in this section shall prohibit the ingress and egress from a designated unrestricted truck route by vehicles and vehicle combinations described herein onto a city street when necessary for the purpose of making pickups or deliveries of goods, wares and merchandise from or to any building or structnre.lo ac ted on a city street, or for the . purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling or construction of any building or\structurepon a city street for which a building permit has previously been obtained N\ , 2. The provisions of this section shall not apply to\a passenger bus under the jurisdiction of the public utilities commission or any pubilc entity, or which is owned by a bus company � � licensed by the city, or to any vehicle owned-by a public utility while necessarily in use in the construction, installation or\repair of any public utility, or to any vehicle owned by the city, or a city contractor;while necessarily in use in the construction, installation or repair of or on city property 3. The provisions of thiscsection sh ll of apply to any city licensed refuse hauling vehicles while picking up refuse, wast of garbage pursuant to such license. (Code 1980, § 10.56.010; Ord. No. 373, § 1(part), 1988) Sec. 10.56.020. Restricted truck routes. A. Section 35401(d) of the California Vehicle Code § 35401(d) allows any city, upon finding that certain streets cannot safely sustain the operation of trailers or semitrailers having the maximum kingpin to rearmost axle distance permitted under Vehicle Code § 35400•of the code, to restrict the use of such streets by trailers or semitrailers having a maximum kingpin distance as determined. Certain city streets have been determined to be able to safely accommodate a maximum such distance of 38 thirty eight feet. Except as otherwise provided by law, trailers and semitrailers having a kingpin to rearmost axle distance in excess of 38 thirty eight feet are prohibited from using the aforedescribed streets. The streets described in this section shall be known as "restricted truck routes." Restricted truck routes in the city include: 1. 19th Street from the west city limits to Haven Avenue; 2. Vineyard Avenue from Foothill Boulevard to Carnelian Street; 3. Carnelian Street from Vineyard Avenue to State Route 30; 4. Archibald Avenue from Foothill Boulevard to State Route 30. Page 368 of 496 B. The provisions of this section may be enforced when and where the city traffic engineer has provided signing designating restricted truck routes. (Code 1980, § 10.56.020; Ord. No. 373, § 1(part), 1988) Sec. 10.56.030. Terminal access routes for extra large trucks. A. Except as otherwise provided by law, truck-tractors and semitrailers, and truck-tractors, semitrailers and trailers, which exceed any of the size limitations set forth in 35401 of the California Vehicle Code §§ 35400 and 35401, or their successor provisions, and which are exempted from such limitations pursuant to Vehicle Code § 3540 1.5(a) of e, may be operated only on streets designated as "terminal access routes." Such tractor-trailer combinations may be operated on terminal access routes only for the purpose of accessing facilities where freight is consolidated to be shipped or where full load consignments may be off-loaded or at which the vehicle combinations are regularly maintained, stored or manufactured. B. City streets designated as terminal access routes are: 1. All streets within the industrial district; 2. Foothill Boulevard from the west city limits to the east city limits; 3. Fourth Street from the west city limits to the east city limits; • 4. Archibald Avenue from Foothill Boulevard to Arrow Route. • C. The provisions of this section may be enforced, where the city traffic engineer has provided signing designating terminal access routes.- (Code 1980, § 10.56.030; Ord. No. 373, § 1(part), 1988) Sec. 10.56.040. Penalties. It shall be unlawful for any per son, firm, partnership or corporation to violate any provision or to fail to comply with any lo£ the requirements of this chapter. Any person, firm, or cor oration violating an provisions of this chapter or failing to comply with any of partnership, P g YP P g PY Y its requirements shall be deemed.guilty_9an infraction and upon conviction thereof shall be punishable as follows: 1. A fine not exceedin g$100.0��hundred dollars for a first violation; 2. A fine not exceeding $200.00 two hundred dollars for a second violation occurring within one year; Y 3. A fine not exceeding $500.00 five hundred dollars for each additional violation occurring within one year. • B. Each such 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 of the provisions of this chapter is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this chapter. C. The provision of this chapter shall not be construed as permitting conduct not prescribed herein and shall not affect the enforceability of any other applicable provision of law. (Code 1980, § 10.56.040; Ord. No. 373, § l(part), 1988) Sec. 10.56.050. Civil remedies available. A violation of any of the provisions of this chapter 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 nuisance. (Code 1980, § 10.56.050; Ord. No. 373, § 1(part), 1988) Page 369 of 496 CHAPTER 10.60. HANDICAPPED PARKING FOR PERSONS WITH DISABILITIES* *State law reference—Restrictions and reservations of parking spaces for persons with disabilities, Vehicle Code § 22311.5 et seq.; regulations regarding parking spaces for disabled persons, Vehicle Code §§ 22511.5-22513. Sec. 10.60.010. Use of blue curb spaces. Persons using blue curb parking spaces shall comply with the following: A. Blue curb parking spaces shall be operative 24 twenty f ur hours a day; Sundays and holidays included. B. Parking zones for the physically handicapped disabled are subject to any temporary parking prohibitions established by this city. (Code 1980, § 10.60.010; Ord. No. 39, § 16.0, 1978) State law reference—Identification of parking spaces for disabled persons,Vehicle Code § 22511.7. Sec. 10.60.020. On-street parking. The city traffic engineer : . . . . . : . • . - •' shall designate special blue curb parking spaces for the purpose of providing on-street par • for exclusive use by physically handicapped disabled persons. (Code 1980, § 10.60.020; Ord. No. 39, § 16.1, 1978) Sec. 10.60.030. Off-street parking; privately finance acilities. The city declares that there are privately ne d rated parking facilities which may reserve parking stalls for exclusive use by physic y capped disabled persons. (Code 1980, § 10.60.030; Ord. No. 39, § 16.2, 19 Sec. 10.60.040. Off-street parking; pub 'cly o .ed facilities. The city traffic engineer shall Alps 41f• a arking stalls or spaces in publicly owned, leased, or controlled off-street parking fac a ;exclusive use of physically handicapped disabled persons. (Code 1980, § 10.60.040; Ord. 'i • 16.3 978) Sec. 10.60.050. Parking space -ntification. A. On-street blue curb spaces. Blue curb spaces shall be indicated,by blue paint on a curb edge of the paved portion of the street. For further identification, the international symbol of access may be painted on the blue curb in white followed by the word "ONLY." In addition, a sign • not less than 17 ceventeen-inches by 22 twenty-two-inches with lettering not less than one inch in • height shall be posted stating: 1. Unauthorized vehicles not displaying distinguishing license plates or placards issued for physically handicapped disabled persons will be issued citations. 2. Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped disabled persons will be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning the police department. All signs shall be posted at a height of 80 eighty inches from the ground. B. Off-street/publicly owned facilities. Designation of blue curb parking stalls in publicly financed off-street parking facilities shall be made by posting immediately adjacent to, and visible from same, a sign consisting of the international symbol of access. In addition, a sign 17 seventeen inches by 22 twenty wo inches must be posted either at the entrance to the parking facility or Page 370 of 496 immediately adjacent to and visible from the reserved stall(s), which states with lettering not less than one inch in height: I. Unauthorized vehicles not displaying distinguishing license plates or placards issued for physically haftheappeEl disabled persons will be issued citations. 2. Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically lifreetieappeel disabled will be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning the police department. Note: The operator of the parking facility may then, and only after first contacting the police department, cause the removal of a violator's automobile from the stall to the nearest public garage. All signs shall be posted at a height of 80 eighty inches from the ground. C. Off-street/publicly financed facilities. Designation of blue curb parking stalls in privately financed off-street parking facilities shall be made by posting immediately adjacent to, and visible from same, a sign consisting of the international symbol of access. In addition, a sign 17 seventeen inches by 22 twenty two inches in size with lettering not less than one inch in height: 1. Unauthorized vehicles not displaying distinguishing,placards or license plates issued for physically handicapped persons will be towed away at_owner's expense. Towed vehicles . may be reclaimed by telephoning the police depa tment.) • 2. This sign shall be posted at the entrance to t e-pan�facility or immediately adjacent to, and visible from, the reserved stallfs) \\\ Note--The person in lawful possession of the parking facility may then and only after first contacting the police department, cause the removal�l f a violator's automobile from the stall to the nearest public garage. A sign must be posted at the entry to all off-street parking facilities to the effect that the facility is subject to public traffic regulations and control. All signs shall be posted at a height of 80 eighty inches from the ground. (Code 1980, § 10.60.050; Ord. No439',�§§) 16.4 1978) CHAPTER'10.64. OVERSIZE VEHICLE PARKING* *State law reference—Size, weightk nil load safety regulations, Vehicle Code § 3500 et seq. Sec. 10.64.010. Oversize vehicles defined. An The term "oversize vehicle" means is-any vehicle, motorized or nonmotorized, that exceeds 25 twenty five feet in length, or exceeds seven feet in width, and/or exceeds seven feet in height. , Oversize vehicles shall include all buses, truck tractors, semitrailers, motor trucks, trailers, campers, camp trailers, house cars, trailer coaches, and other equipment or machinery, regardless of width, length, or height. (Code 1980, § 10.64.010; Ord. No. 39, § 17.0, 1978) Sec. 10.64.030. Parking restriction. It is unlawful for any person to park or store any house car recreational vehicle, trailer, camp trailer, trailer coach, camper or boat upon any public street, highway, or alley within the city for longer than one hour between the hours of 2:00 a.m. and 6:00 a.m. on any day. (Code 1980, § 10.64.030; Ord. No. 71, § 1, 1979) • Page 371 of 496 Sec. 10.64.040. Allowing of parking unlawful. It is unlawful for the owner of any .houcc car recreational vehicle, trailer, camp trailer, trailer coach, camper or boat to allow the aforementioned to be parked or stored upon any public street, highway or alley within the city longer than one hour between the hours of 2:00 a.m. and 6:00 a.m. on any day. (Code 1980, § 10.64.040; Ord. No. 71, § 2, 1979) Sec. 10.64.050. Penalty for infractions. Any act or omission declared unlawful by the provisions of this chapter is an infraction punishable by a fine not to exceed that set by the current uniform countywide bail schedule established pursuant to the terms of the California Vehicle Code. (Code 1980, § 10.64.050; Ord. No. 71, § 3, 1979; Ord. No. 343, § 5, 1988) CHAPTER 10.68. ROLLER SKATES AND SIMILAR DEVICES* *State law reference—Authority to regulate roller skates, skate boards, etc., Vehicle Code §§ 21113(g), 21969; helmet requirements, Vehicle Code § 21212. Sec. 10.68.010. Use of roller skates, coasters, skateboards,2`etc., restricted. It is unlawful for any person upon roller skates or riding_in-o by means of.any coaster, toy vehicle, skateboard or similar device to go upon any roadway in accordance with any and all provisions of law. (Code 1980, § 10.68.010; Ord. No. 414, § l(part), 1990) Sec. 10.68.020. Yielding the right-of-way. A. The driver of a motor vehicle,/prior to driving over or upon any sidewalk or public crosswalk, shall yield the right-of-way tolany person riding in, on or by means of any skateboard, toy vehicle, roller skates, coaster or similar B. Whenever any person is r�iding in, on or by means of a skateboard, roller skates, toy ti c . > vehicle, coaster or similar device-on‘atipubhc sidewalk or public crosswalk, such person shall yield the right-of-way to any pedestnan) Y (Code 1980, § 10.68.020; Ord. No.414, § l(part), 1990) Sec. 10.68.030. Attaching tom wing objects prohibited. A. It is unlawful for any person tiding a skateboard, toy vehicle or similar coaster device to attach to any moving object, including, but not limited to, persons, bicycles, animals or motor vehicles., . B. It is unlawful for any person operating a moving vehicle to permit any person riding in, on or by means of a skateboard, toy vehicle, coaster or similar device to attach to the motor vehicle while the motor vehicle is in motion. (Code 1980, § 10.68.030; Ord. No. 414, § 1(part), 1990) State law reference.—Similar provisions, Vehicle Code §§ 21203, 21712. Sec. 10.68.040. Skateboarding prohibited on private property in commercial zones. It is unlawful for any person to ride a skateboard or similar coaster device upon private property located in any commercially zoned area in the city, so long as such property is posted so as to give reasonable notice of such prohibition. (Code 1980, § 10.68.040; Ord. No. 414, § 1(part), 1990) Page 372 of 496 Sec. 10.68.050. Skateboards, bicycles, mopeds and other coaster vehicles prohibited upon posted public property. It is unlawful for any person to ride any skateboard, toy vehicle, bicycle, or any other coaster device, motorized bicycle, moped or scooter upon any public property within the city where notice of such prohibition has been posted. (Code 1980, § 10.68.050; Ord. No. 414, § 1(part), 1990) Sec. 10.68.055. Skateboard ramps prohibited on public property where posted. It is unlawful for any person to place any skateboard ramp, half pipe and/or similar physical structure upon which skateboarding and/or skating is conducted, or which is used in conjunction with skateboarding and/or skating, upon any public property where notice of such prohibition has been posted. (Code 1980, § 10.68.055; Ord. No. 455, § 1, 1991) Sec. 10.68.060. Regulations applicable to Spruce Avenue Park skate facility. A. Spruce Avenue Park skate facility is designed and maintained, and is designated as, a skateboard park in which skateboarding, in-line skating and roller skating is permitted pursuant to the provisions of this section_18:68.060. • B.. Notwithstanding any other provision of this chapter,.every person riding a skateboard, or utilizing in-line skates or roller skates at Spruce Avenue Park skaterfacility must: \ • 1. (1) Wear a fully functional helmet, elbow-.pads, and knee pads while utilizing the facility; ( -NS) \X 2. (2) Be supervised by an adult if under the age of 14 fourteen; and 3.-E3 Comply with all posted rules and eg regulations. 1\ (Code 1980, § 10.68.060; Ord. No. 414B, § 2, 1998) CHAPTER 10 72. CRUISING PROHIBITED* *State law reference—Authority-to regullaat.ee cruising, Vehicle Code § 21100(k). Sec. 10.72.010. Cruising prohibited. No person shall engage in,or'permit any vehicle registered to such person to engage in, cruising in any cruising control area. A violation of this chapter is an infraction and shall be punishable as specified in chapter 1.12 of this code, or any successor provision thereto. (Code 1980, § 10.72.010; Ord. No. 731, § 1(part), 2004) Sec. 10.72.020. Definitions. For purposes of this chapter, the following definitions shall apply: Cruising means the repetitive driving of a motor vehicle past a traffic control point in traffic that is congested at or near the traffic control point, as determined by the ranking peace officer on duty within the affected area, within a specified time period and after the vehicle operator has been issued a warning notice that further driving past the control point will be a violation of this chapter. A vehicle shall be deemed to be in violation of this chapter each time it passes a traffic control point prior to the designated permissible return time. Each such violation shall constitute a separate violation and no additional warning notice shall be required before issuance of subsequent citations may occur. Page 373 of 496 Cruising control area means an area subject to cruising controls, clearly identified by signs at the beginning and end of the area that briefly and clearly state the appropriate provisions of California Vehicle Code § 21100(k) and the provisions of this chapter. Traffic control point means a location within a cruising control area that is designated by the ranking peace officer on duty within the area, as a reference point for purposes of determining if a vehicle has engaged in cruising. (Code 1980, § 10.72.020; Ord. No. 731, § 1(part), 2004) Sec. 10.72.030. Establishment of traffic control points. The ranking peace officer on duty within any cruising control area may, upon determining that such area is adversely impacted by traffic congestion, establish and maintain one or more traffic control points for such area. • • : •• •- provisions of this chapter on cruising. (Code 1980, § 10.72.030; Ord. No. 731, § 1(part), 2004) State law reference—Signs required, Vehicle Code § 21100(k)(3)(B). Sec. 10.72.040. Issuance of warning notices. Any peace officer may issue a written warning notice to-a dPiver and/or to each occupant . legally capable of driving a motor vehicle, who is identified by4udh officer as having passed a particular traffic control point two or more times within a four-hour period, or such other period as determined to be appropriate by the ranking peace officer oe duty within a cruising control area. The warning notice shall identify the street on which one\or more traffic control points are located and shall generally state that further driving past.the same traffic control point prior to the time specified therein shall constitute a violation of'chapter-10.72 of this Code and shall be punishable by a fine. (Code 1980, § 10.72.040; Ord. No. 731, §4(part)>200 ) State law reference—Warning required, Vehicle,Code § 21100(k)(3)(A). Sec. 10.72.050. Exceptions�1 This section shall not apply to the following: A. Authorized emergency vehicles as defined in Ca-lifernino Vehicle Code § 165; B. Vehicles owned by a public entity or public utility; • C. Vehicles licensed for public transportation; D. Commercial vehicles while being driven for business purposes; E. Vehicles used to drop off or pick up any person whose residence or place of employment is located within a cruising control area; provided, however, that such person must be able to present satisfactory proof of residence or employment to a peace officer at a traffic control point within such cruising control area. (Code 1980, § 10.72.050; Ord. 731 § 1(part), 2004) Page 374 of 496 Title 11 RESERVED Sit • Th Page 375 of 496 Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES* *State law reference—Authority of city regarding streets, sidewalks and other public places, Government Code § 40401; construction and maintenance of streets, Streets and Highways Code § 1800 et seq.; Improvement Act of 1911, Streets and Highways Code § 5000 et seq. CHAPTER 12.03. PUBLIC IMPROVEMENT CONSTRUCTION PERMITS ARTICLE I. IN GENERAL Sec. 12.03.010. General provisions. A. Title. This chapter is known as the "Construction Permit Code" of the city. B. Purpose--Intent. These standards, guidelines and procedures for the city are established and adopted to protect and promote the public health, safety, morals, comfort, convenience, welfare and more particularly: 1. To protect the physical and economic stability of the city by ensuring adequate construction of public improvements and prevention of damage to existing public improvements through negligent construction practice 2. • To reduce hazards to the public resulting.fromcinapp or priate construction and traffic- control procedures during construction activities affecting.treets, highways, sidewalks, addrainage facilities and other public places owned` operated by the city. (Code 1980, § 12.03.010; Ord. No. 218, § 2(part), 1984)aV�../ \\y, Sec. 12.03.020. Definitions. �\ The following words shall have the following eanings: A,City engineer means the city engineer of the city of Rancho Cucamonga or his designated representative. B—Encroachment includes any." ' tower pole, pole line, pipe, pipeline, fence, billboard, stand or building or any structure or obj ct of`any kind or character not particularly mentioned in this subsection, which is placed in under or over any portion of the highway. C—Facility means any street,,highway, curb, gutter, fencing, pipe, pipeline, tube, main, service, trap, vent, vault, manhole meter, gauge, regulator, valve, conduit, wire, tower, pole, pole line, anchor, cable, junction box, transformer, or any other material structure or object of any kind or character, whether enumerated in this subsection or not which is lawfully constructed, left or placed or maintained in, upon, along, across, under or over any public place. Dr-Plans means the document developed and approved by the city engineer describing the nature and extent of works proposed to be constructed or carried out on a public place. I-Public place means any public street, way, place, alley, sidewalk, park, square, plaza or other similar public property owned or controlled by the city and dedicated to public use. F Specification means "The Standard Specifications For Public Works Construction" (current edition including supplements) written and promulgated by Southern California Chapter American Public Works Association and Southern California District Associated General Contractors or California Joint Cooperative Committee and published by Building News Inc., and which shall govern all street right-of-way construction within the city, unless otherwise noted on approved plans. L.—Standard drawings mean the "Standard Drawings" of the city : - adopted and revised by the city engineer.. Page 376 of 496 (Code 1980, § 12.03.020; Ord. No. 218, § 2(part), 1984) Sec. 12.03.030. City engineer's duties and responsibilities. A. This chapter shall be administered by the city engineer whose responsibilities for this chapter include the following functions to be carried out either directly or by subordinate employees: 1. Application process. Establish the form and process for application for construction permits required pursuant to this chapter. Processing includes the certification of completed applications, the approval of plans, the establishment of files, collection of fees and security deposits. 2. Interpretation. Interpret the provisions and advise the public on the requirements of this chapter and all plans, specifications and special provisions concerning works on facilities governed by the provisions of this chapter. 3. Plan approval. Establishes format and content of plans and standards governing the improvements or works on facilities pursuant to the provisions of this chapter. 4. Permit issuance. If the applicant'for a permit complies with every provision of this chapter the city engineer may issue to the applicant aritten permit to perform the work set forth in the application and approval. Any p 'wermit—authorized under any of the • provisions of this chaptet may be issued subject t so to conditions, changes and limitations as are in the discretion of the cityiengineer necessary for the protection of the public place, highway or other facility, or to_prevent undue interference with traffic, or to protect both persons and property within, em--\or�djacent to said places from damage or danger. 5. Change in conditions after permit=issu.ed:,Anyspermit issued by the city engineer under any of the provisions of this chapter or the conditions to which it has been made subject, may be amended or changed if the city engineer deems such amendment or change to be necessary for the protection of the highways, or to prevent undue interference with traffic, or to protect both pe sons_and property within, upon or adjacent to said highways from damage or dangeTNotification of the amendment or change shall be made by the city engineer either by mailing written notice to the permittee at the address indicated on his application for the permit, or by making personal service of the written notice upon the permittee. The amendment or change shall be effective either 24 twenty four hours after the written notice is deposited in the United States mail or immediately upon completion of personal service. 6. Refusal to issue permit. The city engineer may refuse to issue permits or may revoke any outstanding permits heretofore or hereafter issued, or any portion thereof, where the work has not been started, when the work authorized by the permits, or such portions thereof is included in the proposed work to be done, by any existing assessment district, or by any proposed assessment district for which formation proceedings have been instituted by the city council or where prior claims or disciplinary action is pending against the applicant for permit which would make it in the best interest of the city to refuse such action or because of violations of provisions of the permit or provisions of this chapter. (Code 1980, § 12.03.030; Ord. No. 218, § 2(part), 1984) ARTICLE II. PERMIT Sec. 12.03.040. Permits Required. No person shall do any of the following acts, except pursuant to a valid construction permit: Page 377 of 496 A. Make or cause to be made any excavation or opening, fill or obstruction in, over, along, on, across or through any public place for any purpose whatsoever; B. Construct or repair or cause to be constructed or repaired any curb, sidewalk, gutter, curb with integral gutter, drive approach, alley approach, spandrel and cross gutter, wheelchair ramp, A.C. dike, or any other work of any nature covered by city standard drawings or city policy or place; change, renew an encroachment in, over, along, on, across or through any street right-of-way or public place, excepting, however, for or in connection with the installation of poles, guys and anchors constructed for use under franchise for public utility purposes where such poles, guys, and anchors do not interfere with or lie within ten feet of existing improvements; C. Place any banner over, cross, on or along any street right-of-way; D. Plant, remove, cut, cut down, injure or destroy any tree, plant, shrub or flower growing within any right-of-way, excepting necessary pruning or trimming to protect persons or property; E. Construct or modify or cause to be constructed or modified any storm drain or conveyor of drainage waters and appurtenant items within dedicated easements, rights-of-way or public place; F. . Modify, alter or deface any block wall on or adjacent too=publ;C places. (Code 1980, § 12.03.040; Ord. No. 218, § 2(part), 1984) \I Sec. 12.03.050. Permit Application. Any person proposing to do any of the act' s described in section 12.03.040 shall make application for a construction permit to th-e_city-gineer. The following information shall be included on the application: A. The location, nature and extent of work to be performed; B. The proposed date when said work shall be commenced; C. The proposed date when work-A-61l'be completed; \1 , D. Such other information as maybe required by the city engineer. Upon permit issuance the application shall become part of the permit. The applicant shall allow a minimum of two working days for review of the application. (Code 1980, § 12.03.050; Ord. No. 218, § 2(part), 1984) • Sec. 12.03.060. Permits requirement of plans. If, in the opinion of the city engineer, the work proposed to be done requires the making of • plans or the setting of stakes, or both, the city engineer may require the application to be accompanied by the necessary plans, which plans shall be prepared by a competent engineer licensed by the state of California, department of consumer affairs, to prepare the appropriate documents. (Code 1980, § 12.03.060; Ord. No. 218, § 2(part), 1984) Sec. 12.03.070. Per=mits—Commencement and completion of work. Every permittee shall complete the work within the time required by the permit. Permits issued hereunder shall be valid for the period of time specified in the permits, unless the city engineer grants a time extension. (Code 1980, § 12.03.070; Ord. No. 218, § 2(part), 1984) Page 378 of 496 Sec. 12.03.080. Permits Performance of work. A. The permittee shall perform the work in a timely manner; in accordance with applicable plans, specifications, and city standards; and to the satisfaction and under the supervision of the city engineer. 1. 24-hour notice is required for all inspections. 2. All work not in conformance with approved plans and specifications is subject to rejection. 3. Requests for final inspection shall be made in writing. B. Any works conducted requiring the temporary partial or full closure of the traveled right- of-way shall not be commenced until the permittee has been issued a street closure permit stipulating the date, time and provision under which closure may be carried out. Application for the permit shall be made to the city in the time and manner as designated by the city engineer. C. As the work progresses, all streets shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All cleanup operations at the location of such work shall be accomplished at the expense of the permittee. From time to time, as may be ordered by the city engineer, and in any event immediatelydafter completion of the work, the permittee shall, at its own expense, clean up and remove all refuse land unused materials of any kind resulting from the work. Upon failure to do so, within 24'twentylfour hours after having been notified, the work may be done by the city and the cost•thereof charged to the permittee. Whenever it may be necessary for the permittee to excavate through'Cny landscaped area, the area shall be reestablished in a like manner after the excvaf of n has' been backfilled as required. All construction and maintenance work shall be done in a manner designed to leave the area clean of earth and debris and in a condition as nearly-as\possible to that which existed before such work r N -. � began. The permittee shall not remove, even temporarily, any existing trees or shrubs without first obtaining the consent of the city engineer. \ D. A person shall not preventeor obstruct the city engineer in making any inspection authorized by this chapter or in taking any sample or in making any test. (-_ (Code 1980, § 12.03.080; Ord. No!218, § 2(part)t),, 1984) Sec. 12.03.090. Permits Acceptance of work. If the city engineer, by survey or by inspection or by both, ascertains that the work contemplated by this chapter has been completed according to the requirements of the permit issued therefor, and of all of the provisions of the permit, he shall issue, if requested to do so by the permittee, a certificate of acceptance which shall contain a statement of the location, nature, and extent of the work performed under the permit. (Code 1980, § 12.03.090; Ord. No. 218, § 2(part), 1984) Sec. 12.03.100. Permits—Denial revocation. A. The city engineer may deny the issuance of a permit to any person who refuses or fails to comply with the provisions of this chapter, who is indebted to the city for past permit violations or who, in the judgment of the city engineer, has repeatedly violated permit procedures or failed to comply with conditions requiring protection of the public health and safety. B. Any permittee found in violation of the conditions of permit or provisions of this chapter shall be given a written notice to comply stipulating the application violation. Upon receipt of a notice to comply, the permittee shall take action to correct the condition of violation within the period stipulated in the notice. If within that period appropriate measures have not been Page 379 of 496 implemented, the city engineer may revoke the permit and take any measures required to secure the work site or return the work site to its original condition. C. A revoked permit may be reinstated by the city engineer with no fee within a period of 15 fifteen calendar days if the permittee demonstrates to the satisfaction of the city engineer that work will be continued in conformance with applicable permits and code provisions. D. The city engineer shall require as a condition of permit reinstatement payment of all charges incurred by the city as a result of permit revocation. (Code 1980, § 12.03.100; Ord. No. 218, § 2(part), 1984) Sec. 12.03.110. Appeal procedure. A. Any person aggrieved by any decision of the city engineer with respect to the issuance, revocation or refusal to issue a permit may appeal to the city council by filing a notice of appeal with the city clerk within 20 twenty days after the date on which the city engineer takes the action appealed from. B. The city council shall thereupon fix a time and place for hearing such appeal. The city clerk shall give notice to the appellant and applicant/permittee of the time and place of hearing by serving the notice personally or by depositing it in the United States Post Office in the city, postage prepaid, addressed to such persons at their last known_addresses. C. The city council shall have the authority to�determi�nneee all questions raised on such appeal. (Code 1980, § 12.03.110; Ord. No. 218, § 2(part), 1984) Sec. 12.03.120. Permit fees. A. A permit fee shall he charged by thce iiy.for_the issuance of a construction permit. The fee shall be established by resolution of the city council which is on file in the city clerk's office and is for the purpose of defraying the cost of issuing the requested permit, inspection of works completed �� �. under the permit and other costs assessed with-administration of the provisions of this chapter. L B. Permit fees are waived,as a-condition of issuance in the case of the Cucamonga County Water District. 4) Y (Code 1980, § 12.03.120; Ord. No. 218, § 2(part), 1984) Sec. 12.03.130. Performance deposits. A. As a condition of issuance of a construction permit, the city engineer may require posting of a cash deposit or an equivalent acceptable to the city attorney. The deposit shall be for the purpose of securing performance of work contemplated under the permit. Each deposit shall be accompanied by a restoration and delineation or performance agreement stipulating the uses and conditions under which the funds may be expended. • B. The amount of the deposit shall be established by the city engineer. C. Upon completion and acceptance of work under permit, all funds not utilized for agreed purposes shall be refunded to the permittee and any other bonds or security instruments shall be released. D. If, in the opinion of the city engineer, any deposit, or any equivalent or any combination thereof is not sufficient for the proper protection of the public interest in the highways, including any trees thereon, the city engineer may require either an additional deposit, or an increase in the amount of the equivalent in such amount as he determines will be sufficient to protect such public interest. Where any deposit or equivalent is determined to be insufficient to pay all fees and costs provided for in this section, the permittee shall, upon demand, pay to the city an amount equal to Page 380 of 496 the deficiency. Where the permittee fails or refuses to pay the deficiency upon demand, the city engineer may revoke the permit and/or recover the deficiency by appropriate action in any court of competent jurisdiction. Until such deficiency is paid in full, no other permit shall be issued to such permittee. E. Where work is to be done by persons or utilities operating under a franchise issued by the city or regulated by the state public utilities commission or utilities operated by governmental agencies, a permit may be granted without making a deposit. In such cases, the permittee shall be • liable for the actual cost of any work to be done by the city in restoring the area covered by the permit to as good a condition as the same was in before such work was done. (Code 1980,. § 12.03.130; Ord. No. 218, § 2(part), 1984) Sec. 12.03.140. Placement of material or obstruction on streets. A. No person shall place or maintain any material or any obstruction or impediment to travel in or upon any public place without a permit to do so. B. Persons violating provisions of this section shall he issued a notice of removal and given a specified time to remove such material, obstruction or impediment. Where the material or obstruction is not removed as stipulated, the city may cause said removal and bill the persons all cost involved. If the bill for such removal is not paid by the due date, the city may recover all costs from the persons responsible in an action in any court of compet t jurisdiction. C. When removal has been completed, the city engineer shall render to the finance director an itemized statement covering work necessary for_sucl\removal. The finance director shall pay the same from the funds of the division or officer causing khe;work to be done, and, by mail, shall I present to the owner a demand for payment. If payment is not made on behalf of the owner within 60 cixty days after mailing such bill, the city,maycerttify to the county auditor the demands remaining unpaid, together with the information.required by law in such cases. The county auditor shall cause the amount of the same to be entered upon the property from which removal was accomplished, and the special assessmenttand tat shall be included upon the next succeeding tax statement. Thereafter, the amounts of tithe assessment shall be collected at the same time and in the same manner as county taxes.are ollected, and are subject to the same penalties and the same procedure and sale in case of-delinquency/as provided for ordinary county taxes. (Code 1980, § 12.03.140: Ord. No.218§ 2(part). 1984) Sec. 12.03.150. Relocation of str ctures; removal of encroachment. The city engineer may require any person who, pursuant to a duly issued permit under this chapter, has performed construction work or placed and maintained any encroachment, to move the same at his own cost and expense to such different location as is specified in a written demand of the city engineer, whenever such move is necessary to ensure the safety of the traveling public or to permit the improvement of the highway and may require the application to contain a signed statement by the applicant to this effect. The city engineer shall specify in the demand a reasonable time within which the work of relocation must be commenced, and the permittee must commence such relocation within the time specified in the demand and thereafter diligently prosecute the same to completion. (Code 1980, § 12.03.150; Ord. No. 218, § 2(part), 1984) Sec. 12.03.160. Holding city harmless. The applicant for a permit, as a condition to receiving a permit, shall sign a statement that he agrees to indemnify and hold harmless the city, and each officer and employee thereof, from any liability or responsibility for death of or injury, loss or damage to property happening or occurring as a result of the design or performance of any work undertaken under any permit granted Page 381 of 496 pursuant to the application. As additional protection under this section the city may require the permittee to provide proof of insurance naming the city as coinsured for amounts as established by the city engineer. (Code 1980, § 12.03.160;Ord. No. 218, § 2(part), 1984) Sec. 12.03.170. Violation. Every person is guilty of a misdemeanor who violates any provision of this chapter, or who fails or neglects to comply with any requirement of this chapter. (Code 1980, § 12.03.170; Ord. No. 218, § 2(part), 1984) CHAPTER 12.04. PARK REGULATIONS* *State law reference—Possession of open receptacle containing any alcoholic beverage in city-owned park prohibited, Business and Professions Code§ 25620. Sec. 12.04.010. Park regulations. Except as provided in this chapter, it shall be unlawful for any person within the limits of any park or other recreation facility owned or operated by the city to: A. Lead or let loose any animal except: 1. Dogs or cats on a leash which are under the Il s ro If a person; 2. Horses, ponies or the like which are ri n le en bridle trails or other areas designated for such purpose; B. 4--Possess an open container of a: alco u 'c everage or consume any alcoholic beverage, except as follows: 1.a Beer and wine that is sold ithin e rior of the stadium building located in the sports complex on the west 'de of R hester Avenue, south of Foothill Boulevard, 2.13, In the following are". th s L. Brulte Senior Center and Goldy S. Lewis Community Center � . .1 'ark: The David Dreier Hall, the Rancho Cucamonga Hall, the Mesa an, in any lobby and patio area immediately adjacent to these areas, • :. ity- rmitted or -operated functions, so long as city-required insurance and s= rity is provided, and, if required by state law, an ABC liquor license is first obtai d and proof thereof provided to the city, 3. In the Victoria Gardens Cultural Center. including Celebration Hall and adjoining patio and lobby. Lewis Family Playhouse and adjoining lobby and mezzanine. Studio Theatre, Imagination Courtyard and Library Main Street during city-permitted or - operated functions, so long as city-required insurance and security isprovided, and. if required by state law. an ABC liquor license is first obtained and proof thereof Provided to the city, 4.e . Within any other areas in city parks specifically permitted city council resolution, otherwise by law. &—The city manager shall cause signs to be posted as follows: La= Subject to the provisions of subsections B.2.b and B.2.c of this section, at each entrance to each city park, a sign stating substantially as follows: "Possession or consumption of alcoholic beverages in the City parks is prohibited-- R.C.M.C. § 12.04.010." 213, At the entrance to the sports complex located on the west side of Rochester Avenue, south of Foothill Boulevard, a sign substantially stating as follows: Page 382 of 496 "Except for the possession or consumption of beer or wine sold within the stadium building located on these premises, possession or consumption of alcoholic beverages in City parks is prohibited--R.C.M.C. § 12.04.010." Vie: At the entrance to Central Park, a sign substantially stating as follows: "Possession or consumption of alcoholic beverages is prohibited in this park except where posted otherwise within the James L. Brulte Senior Center and Goldy S. Lewis Community Center--R.C.M.C. § 124)4.010." •-For the purpose of this chapter, the term "alcoholic beverage" or "alcoholic beverages" shall have the meaning set forth in Business and Professions Code § 23004 or any successor provision thereto. The term "open container of an alcoholic beverage" shall mean any can, bottle or other receptacle containing any alcoholic beverage that has been opened, or a seal broken or the contents of which have been partially removed; C. Enter or remain between the hours of 10:00 p.m. and 6:00 a.m. of the following day, except to attend an event in the stadium building located in the sports complex on the west side of Rochester Avenue, south of Foothill Boulevard, or pursuant to an authorization issued by the city community service department or as part of a city- sanctioned activity; D. Light or maintain any fire, except in a stove, f • c r i ipther place provided for that purpose; l E. Throw, project or propel any object capabl- of c ing serious personal injury or damage to property, except that baseball, bas. • ea 1, .0 1 and other games where a ball is used may be placed in areas designated or suc •urposes; F. Park or stand any vehicle in other ::::nated parking area, except pursuant to a permit issued by the city; G. Drive any vehicle other t• ?-• o ads, trails or driveways provided for that purpose, except pursuant to a per s-. ed `ie city; H. Drive any vehicle at :_ - • a'! a e «'ss of five miles per hour; I. Ride or use play: • _ .• uip as nt posted for use by children under the age of 14€eufteen years, unless under the :e of 14 r• ryears; J. Throw, discard, place or aispose of any garbage or refuse upon the ground or in any place . other than a garbage can or other receptacle maintained for such purpose; K. Bring garbage or refuse from outside the limits of the park or recreation facility and deposit the same in garbage cans or receptacles; L. Hold or engage in a musical concert or other musical event without a permit issued by the city, except for those events conducted within the stadium building located in the sports complex on the west side of Rochester Avenue, south of Foothill Boulevard; ti .. S . . . .. . . . . . . . . ...• . . . • . . . .. . M. Flv any powered model aircraft other than rubber band-powered models no longer than two feet in length, except in areas designated and posted for such purposes: N. Molest, injure or kill any animal or disturb its habitat; Page 383 of 496 O. Play any radio, tape recorder or other electronic sound-producing device at such volume as to be audible at a distance of more than 50 fifty-feet; P. Swim, dive, wade or in any way enter into any pond, lake, water feature, reflecting pool or any similar body of water; Q. Sell or offer for sale any merchandise, article or thing of any kind or nature, except as specifically authorized b•- . ritten mi. „a in writing by the Eger city manager, or his or her designee, or as otherwise authorized by agreement of the city council. Q. Sell or offer for aale any ccrvice mcrchandiac, article or thing of any kind or nature agreement-ef-the-eity-eeuneil, (Code 1980, § 12.04.010; Ord. No. 85, § 1, 1979; Ord. No. 25, §§ 1, 2, 1985; Ord. No. 313, § 3, 1987; Ord. No. 505, § 1, 1992; Ord. No. 505-A, § 1, 1993; Ord. No. 509, § 2, 1993; Ord. No. 634, § 1, 2000; Ord. No. 741, § 1, 2005) Sec. 12.04.020. Exemptions. A. The provisions of subsection A.1 of section 12.04.010 of thi© chapter, requiring all dogs to • •be on-leash while in public parks within the city, and any similar requirement contained in the city's animal control regulations, shall not apply to the,,Jo owing: 1. Any dog used by a law enforcement agenc . 2. Any dog while participating in a for. 'al dog be fence training program, or any dog participating in a dog show or other p`.;`. :ram xpressly permitted or sponsored by the city. 3. Any dog within a posted leash- ,tional ea of any city-owned park, as established by resolution of the city counts... p c, :.•e• however, that nothing herein shall relieve the owner or person havin_, = ge, custody, care and/or control of such dog from the responsibility to ma' 4,,q• - ':•�‘ntrol over the dog. Furthermore, nothing herein shall be construed as re ' .vi • su "'e :.person from any liability for any damages arising out of his or her use of a le "h•=optional area. In order to be subject to the exemption set forth in this subsection 3, all ps must comply with all requirements of law and the following rules and regulations when utilizing any leash-optional area: a. No dog is permitted in a leash-optional area, except when in the care, custody and control of a person at least 13 thirteen-years old. Any person under 13 thirteen years • of age must be accompanied by and be under the direct supervision of an adult. No person may have more than two dogs in a leash-optional area at any one time. MI dogs must be under the voice control of their caretakers at all times. Dogs are permitted in a leash-optional area between the following days and hours only: Monday - Friday (year round) 7:00 a.m. to 8:30 p.m. Saturday (falllwinter*) 8:00 a.m. to 5:00 p.m. Saturday (spring/summer*) 8:00 a.m. to 7:00 p.m. Sunday (year round) 8:00 a.m. to 5:00 p.m. *The falllwinter season begins the first Sunday in November, and the spring/summer season begins the first Sunday in March each year. b. All dogs must be at least four months of age, vaccinated for rabies, and currently • licensed by the city's animal control authority. No dog that is sick, in heat, injured, Page 384 of 496 under four months of age, or which displays aggressive d other g , p ys agg essi a war to dogs or humans is permitted in any leash-optional area. Food or treats for dogs may not be brought into any leash-optional area. c. Any person having care, custody or control of a dog in a leash-optional area shall quiet or remove the dog if it barks and shall promptly remove and properly dispose of any waste deposited by such dog. d. No animals other than dogs are permitted in any leash-optional area. D^^' obedience e. The use of a leash-optional area shall constitute an agreement by any such dog owner or person having the care, custody or control of the dog, to strictly follow the rules in this section 12.04.020A.3 and to assume all risks and to indemnify, defend and hold harmless the city, including its elected officials, officers and employees, with respect to any liabilities, claims, injuries or other damage to persons or property arising out of or connected with such person's use of the leash-optional area. B. The provisions of subsections C, F and G of sect' 2.04.010 shall not apply to city employees who are engaged in the performance of their du •e (Code 1980, § 12.04.020; Ord. No. 85, § 4, 1979;Ord. No. 618, ' , 110; r o. 837, § 2, 1-19-2011) Sec. 12.04.030.Wit-Written authorization pp ..tee' • rules adoption. The community director it ma! a • her designee may adopt rules and regulations for the issuance of any permit- ri ' , auth. 'zation •ermitted hereunder. Any such permit written authorization shall be issu•. runty services department. (Code 1980, § 12.04.030; Ord. No. 85, § 5, 197'1, r Sec. 12.04.040. Per Written 7th Permit-Written 'ation-issuance for group activities. The community services depam y tr, ursuant to the rules and standards adopted by the . ••• 6 " o and •er or his or her designee, may issue written authorizations perm MIT'the - elusive temporary use of specified recreational areas for groups desiring to engage in sp• 1'ed recreational activities. (Code 1980, § 12.04.040; Ord. No. 85, • 6, 1979) Sec. 12.04.050. Violation—Penalty. A. Any person engaging in any activity declared unlawful by oubocction© S, J and/or N of • section 12.04.O10S, J and/oi N is guilty of a misdemeanor and shall be punished as set forth in section 1.12.020 of Chapter 1.12 of Title 1 of this Code. B. Any person violating any other provision of this chapter 12.04, including, but not limited to, violation of any rules applicable to use of leash-optional areas, shall be guilty of an infraction, punishable as set forth in section 1.12.030 of Chapter 1.12 of Title 1 of this Code. (Code 1980, § 12.04.050; Ord. No. 85, §§ 2, 3, 1979; Ord. No. 509, § 3, 1993; Ord. No. 618, § 3, 2000; Ord. No. 837, § 3, 1-19-2011) CHAPTER 12.08. DEDICATION OF RIGHT-OF-WAY Sec. 12.08.010. Declaration of need. The lack of full frontage improvements adjoining a lot or parcel occupied or to be occupied by a building, structure or parking lot is found and declared to be hazardous for pedestrians and Page 385 of 496 vehicular traffic and detrimental to the health, safety and general welfare of the residents of the city. (Code 1980, § 12.08.010; Ord. No. 58, § 1, 1979) Sec. 12.08.020. Streets and highways—Dedication requirement. No building or structure shall be erected, enlarged or altered and no property shall hereafter be improved for parking purposes, and no building permit shall be issued therefor, unless one-half of the street, which is located on the same side of the centerline of the street as such lot, has dedicated right-of-way for the full width of the lot along all street frontages so as to meet the master plan and/or standards for such street. In addition to required dedication for street purposes, additional dedication for storm drain, sewer, water or other utility purposes may be required in connection with building permits where such dedication is necessary to prevent the flooding of adjacent or nearby property or to permit connection to required utilities. (Code 1980, § 12.08.020; Ord. No. 58, § 2, 1979) Sec. 12.08.025. Streets and highways—Dedication exceptions. A. The provisions of section 12.08.020 of this chapter shall not apply to the following: I. Alterations which are required to bring a building or structure into compliance with Government Code as determined by the city engineer; 2. Maintenance and/or reconstruction of a single of mily residence, provided the total cost does not exceed 50 fifty—percent of the fair maarke value of the existing single-family residence; 3. Any addition or cumulative additions, within a)60-month period, to an existing single- family residence, provided that such:additiion or additions do not exceed a total area of 650 cix hundred fifty square feet; 4. Construction of garages, block walls, carports, storage buildings, patio covers, swimming .� pools, spas and similar structures accessory to a single-family residence; and 5. Where dedication of the standard-right-of-way is impractical due to existing physical constraints as determined by the city engineer. B. The city engineer may er quire dedication notwithstanding the above exceptions if the city engineer determines there is a specific connection between the project and the need for street dedication. Any such decision of the city engineer shall be appealable to the city council pursuant to all procedures which are applied to conditional use permit appeals. (Code 1980, § 12.08.025; Ord. No. 507, § 1, 1993) Sec. 12.08.030. Offer of dedication. In the event construction of full frontage improvements is not immediately required, any person required to dedicate land by this section shall make an irrevocable offer to dedicate property, executed by all parties having an interest in the property, including beneficiaries and trustees of deeds of trust as shown by a current preliminary title report prepared by a title company approved by the city engineer. Such offer of dedication shall be•in a form approved by the city attorney and the city engineer, and shall continue in effect until the city council accepts or rejects such offer. (Code 1980, § 12.08.030; Ord. No. 58, § 3, 19 79) Sec. 12.08.040. Construction of public improvements; requirements. Any person, owner, lessee, or agent constructing or arranging for the construction of any parking lot or commercial, residential or industrial building or buildings or building addition or • Page 386 of 496 alteration, shall provide for the construction or installation to city standards of sidewalks, curbs, gutters, street trees, street lighting, street paving to the centerline of the street and necessary drainage structures, unless such improvements already exist along all street frontages adjoining the lot on which the building or parking lot is to be constructed, enlarged or altered. (Code 1980, § 12.08.040; Ord. No. 58, § 4, 1979) Sec. 12.08.045. Construction of public improvements; exemptions for sidewalk construction. A. The provisions of section 12.08.040 shall exclude the construction of sidewalks on residential streets which have been specifically exempted by resolution of the city council. B. Subsection A of this section shall apply only to those residential streets, or portions of residential streets, which are of such a unique nature that would set them apart from the general city. Examples would include some hillside developments, portions of streets abutting areas where sidewalks have not been required in the past, or areas where a sidewalk could not be constructed due to existing or proposed physical constraints as determined by the city engineer. C. Notwithstanding the provisions of section 12.08.040, the construction of a sidewalk will not be required where such construction will not be consistent with existing improvements or prudent engineering practices, or where to,do so would causenecessary hardship as determined by the city engineer. In determining whether an unnecessary.-hardship exists, the city engineer shall take into account the relevant cost of sidewalk construction compared to the value of the proposed, private construction, as well as any other circumstances creating the unnecessary hardship. Nothing in this section 12.08.015 shall exc e.any'failure to comply with the Americans with Disabilities Act. \■ (Code 1980, § 12.08.045; Ord. No. 58-D, § 1, 1989;ONo. 681h 1, 2002) Sec. 12.08.050. Construction of publicjimprovements; exceptions. The provisions of section 12.08.040 sh'athhnott apply to the following: A. Alterations which do nott�intenns_ify'the use of the building or structure or generate a greater hazard to public-health and safety as determined by the city engineer; B. Maintenance and/or-econ struction of a building or structure provided the total cost does not exceed 50 fifty-percent of the fair market value of the existing building or structure; C. Any addition or cumulative additions, within a 60-month period, to an existing single- family residence, provided that such addition or additions do not exceed a total area of 650 cix hundred fifty square feet; D. Any addition, or cumulative additions, within a 60-month period, to an existing . commercial and/or office building totaling less than 2 500 two thousand five hundred square feet or to an existing industrial building totaling less than 10,000 ten thousand square feet. The provisions of this subsection shall not apply if such addition or additions constitute more than 50 fifty-percent of the gross floor area of the existing building; E. Construction of garages, carports, storage buildings, patio covers, swimming pools, spas and similar structures accessory to a single-family residence; and F. Construction of accessory structures to a commercial/industrial/office building, e.g. structural covers on existing outdoor storage, fuel pump building, carport structures over existing parking stalls and similar structures; provided such accessory structures do not intensify the use of the building or property. Notwithstanding the foregoing, any addition or cumulative additions within a 60-month period, to an existing single-family residence, commercial and/or office building, or industrial building Page 387 of 496 creating additional street frontage less than 500 five hundred lineal feet, shall, upon approval of the city engineer, be exempt from the requirement to install street lighting. (Code 1980, § 12.08.050; Ord. No. 58, § 5, 1979; Ord. No. 58-A, § 1, 1979; Ord. No. 420, § 1, 1990; Ord. No. 681, § 2, 2002) Sec. 12.08.055. Construction of public improvements; exemption of private streets. A. Exemption of certain, private streets. The provisions of this chapter shall not apply to private residential streets as follows: 1. Those private residential streets permitted to be established by the city pursuant to subdivision ordinance and/or development code procedures; and 2. Those private residential streets which have been specifically exempted by resolution of the city council. B. Exemption of private streets--Procedure. The city council, upon filing of an application petition and following a noticed public hearing, may adopt a resolution designating a private residential street or portion thereof, exempt from the provisions of this chapter. 1. Definitions. b. Application petition means a petition bng the names and addresses of • property owners representing, at minimum; 60 oixty p rcerce ent of the properties fronting on . • the private residential street proposed for exemption. The application petition shall contain, or have attached thereto: the name of'the°street and description (in words or by map depiction) of that portion of the private residential street proposed for exemption; a map depicting the street addresses and\approximate locations of those property owners nd signing the application petition; a ,`a vicinity map showing the approximate location of the private residential street in relation o- to-existing surrounding streets to a distance of approximately one-half mile. a. Private residential street,means a private street in a residential area established as private, or for which offers of dedication were not requested, pursuant to the pre-incorporation San Be nr ardino County subdivision/development procedures. 2. Procedures--Notice and hearing. The application petition shall be filed with the city clerk of the city together with payment of appropriate fees. Upon receipt of the application petition, the city clerk shall schedule the matter for a public hearing before the city council occurring at a regular meeting no later than 60 sixty days following the filing of the application petition. Notice of the public hearing shall be provided in accordance with the provisions of section 17.14.050. 3. Requirements. a. The traffic flow on the private residential street shall consist primarily of the ingress and egress of the residents along such street and their guests, without customary usage by nonresidents as a route of passage; b. The proposed private residential street shall intersect with no more than two existing or proposed public streets; and c. Sufficient off-site and on-site parking, in conformity with the requirements of the development code, shall be provided. 4. Findings. The city council shall approve the private residential street exemption request if, based upon substantial evidence presented at the public hearing, the city council finds all of the following: a. The private residential street is in conformity with the general plan; • Page 388 of 496 b. The private residential street meets all of the requirements set forth in this section; and c. The exemption of the private residential street will not adversely affect the health, safety or welfare of those persons and properties adjacent to, and in the vicinity of, such street. 5. Vacation. In the event one or more offers of dedication have previously been accepted on the proposed private residential street, no resolution adopted pursuant to the terms and provisions of this section shall be effective until all such dedicated property is vacated and abandoned and such abandoned right-of-way is sold to, and accepted by the owners of those properties which originally offered such dedication. For the purpose of this section, the sale price of such abandoned and excess right-of-way will be $1.00 ene-dell r-plus all costs of transfer; provided, however, that the costs of transfer may be waived by the city council on a case-by-case basis. 6. Conditions. In adopting any such resolution, the city council may impose any reasonable conditions deemed necessary by the city engineer to protect the health, welfare and safety of those persons and properties in and around the private residential street. 7. Fees. The city council may, by resolution, establish a'fee to recover the costs involved in the review and processing of the application petition • C. Notwithstanding the provisions of section 12.08.040, the construction of a sidewalk will• not be required where such construction will not be consistent with existing improvements or prudent engineering practices, or where to do so wo'uld'cause,unnecessary hardship as determined - by the city engineer. In determining whether an unnecessary hardship exists, the city engineer shall take into account the relevant cost of sidewalk construction, as well as any other circumstances creating the unnecessary hardship.Nothing in this section shall excuse any failure to comply with the Americans with Disabilities A . 1\ (Code 1980, § 12.08.055; Ord. No. 58-C, §1, 1989 ti. No. 681, § 1, 2002; Ord. No. 855, § 4(attach. 4), 8-1- 2012) Sec. 12.08.060. Construction,of'pub�li�c,improvements; additional requirements. A. Except as provided in sectionn12.08.050, the building official shall deny issuance of a building permit, or deny approval for occupancy or deny final approval and acceptance for public utility connections to any building/or parking lot until required full frontage improvements exist, or are constructed or their construction.is guaranteed by any executed agreement and cash money . deposited with the city in a sum approved by the city engineer based upon 1 1/2 one and one half times the estimated cost of construction. B. In the event construction of full frontage improvements is not required to be completed within six months after the issuance of the building permit, the city engineer may, at his option, require that a lien upon the property to be improved be created by contract between the owner and the city as security for the performance by the owner of the construction guarantee agreement instead of a cash deposit. In the event a lien agreement is required pursuant to this section, no building permit shall be issued until the lien agreement is recorded in the office of the county recorder . - • . -: • . (Code 1980, § 12.08.060; Ord. No. 58, § 6, 1979; Ord. No. 58-B, § 1, 1980) Sec. 12.08.070. Construction agreement. The construction guarantee agreement shall be effective on the date of the deposit of cash and shall end upon the date of completion to the satisfaction of the city engineer of all improvements required to be made. Upon completion of the improvements and their acceptance by the city, the • Page 389 of 496 cash deposit shall be returned to the owner. The city is authorized, in the event of any default, to use any or all of the deposit money to cause all of the required work to be done or completed, and for payment of all costs and expenses therefor. Any money remaining shall be refunded to the owner. (Code 1980, § 12.08.070; Ord. No. 58, § 7, 1979) Sec. 12.08.075. Reimbursement agreement fee. If a frontage improvement was constructed under or pursuant to a reimbursement agreement between the city and another person along a street adjoining a lot or parcel of land on which a building, or other structure requiring a building permit, is to be constructed, altered or enlarged, then: A. The applicant for the building permit shall pay to the city, at the time the application is submitted, all sums necessary to pay the reimbursement sum apportioned to such lot or parcel by the terms of the reimbursement agreement; and B. No building permit shall be issued until the sums required to be paid by subsection A of this section are paid. (Code 1980, § 12.08.075; Ord. No. 170, § 1, 1982) Sec. 12.08.080. City standards. The city engineer is authorized to establish standards for the-const g, ruction and installation of sidewalks, curbs, gutters, street trees, street lightin street paving and storm drain structures which are on file in the engineering office. (Code 1980, § 12.08.080; Ord. No. 58, § 8, 1979) ll'' Sec. 12.08.090. No encroachment withoutut permit. No building, structure or parking lot shall bejerected, enlarged or altered if it does, or would, encroach upon any public easement-or right-of-way, unless an encroachment permit is first obtained from the city engineer/The)ity engineer may grant an encroachment permit if he determines that the encroachment will. not-be detrimental to the public health, safety or welfare. (Code 1980, § 12.08.090; Ord. No'_8,§ 9, 19j79) CHA,,TER 12.12. STREET NAMING* Sec. 12.12.010. Purpose of provisions. The purpose of these provisions is as follows: • A. To establish procedures for street naming for new public and private streets in the city in • the public interest of uniformity and to avoid confusion to the public; and B. To establish a procedure for changing existing street names in the city, which may be changed pursuant to the following: 1. That the proposed change is not in conflict with the goals, policies and standards of the general plan; 2. That the proposed change is consistent with the adopted master plan of streets and highways or adopted circulation element; 3. That the proposed change will not cause significant adverse impacts upon the environment; 4. That the proposed change is deemed necessary to protect the public health, safety, comfort, convenience and general welfare. Page 390 of 496 (Code 1980, § 12.12.010; Ord. No. 144A, § 4(part), 1991) Sec. 12.12.020. Naming criteria. Streets shall be named as follows: A. Street names should be pleasant sounding, appropriate, easy to read (so that the public, and children in particular, can handle the name in an emergency situation), and should add to the pride of home ownership and community. B. The following types of street names are unacceptable: numerical names (1st, 2nd, etc.); alphabetical letters (A, B, C, etc.); frivolous, complicated or undesirable names; unconventional spelling; compound names; given or surnames of persons living or dead except for pioneer family names, historic persons, etc. C. Streets which are continuous shall be extended in accordance with the present street names wherever possible and feasible. I). Discontinuous streets shall not be given the same name. The numbering system shall not change on a street from east/west to north/south. If the numbering system changes, the street will he considered as discontinuous and the name should be different at the point where the numbering changes. E. Duplication of existing or proposed street names is,prciliihited. Similar sounding names. are considered to be duplication, regardless of spelling. F. Existing areas of the city shall strive to ha e new street names consistent with the prevailing theme of existing streets. In'the northwestern part of the city, north/south • streets shall be named after gems and east/west streets shall be named after trees whenever possible and where feasible. G. Streets with a 90-degree or more change of direction shall change names at a convenient and appropriate point, complete with street name and 100-block address signs posted at the directional/name change;�as determined by the city planner. The names used in this and similar situations should'the dissimilar in pronunciation and spelling. Streets with less than 90-degree change of direction may have a name change in order to comply with other provisions of\his) chapter. Meandering curvilinear streets with one or more direction changes may retain a single name if the following conditions are evident: 1. The street does not originate and terminate with the same base street nor have more than one intersection with any other street; and 2. Does not have more than one arterial street intersection; a-efli • 3. There is no possibility of future intersections onto the street; and . 4. The street does not have any sharp angle direction changes; and 5. The street name and address numbering system does not indicate any particular compass heading. H. No street with the same name shall intersect another singly named street more than once. Loop streets shall change names as specified in subsection G of this section or at intersections with other streets, as may be determined appropriate by the city planner. 1. Street designation for present and future streets shall be as follows: I. Boulevard. Special east-west streets shall be designated "boulevards;" 2. Streets. East-west streets which pass through several neighborhoods or tracts to be designated "streets;" Page 391 of 496 3. Avenues. North-south streets which pass through several neighborhoods or tracts to be designated "avenues;" 4. Road. Any diagonal street with a generally straight alignment which does not conform basically to a grid pattern to be designated "road;" 5. Drive. East-west streets parallel to, but between named streets and limited to one neighborhood or tract to be designated "drives;" 6. Place. North-south streets, parallel to, but between named streets and limited to one neighborhood or tract to be designated "places;" 7. Way. Any irregular streets which cannot conform to any grid to be designated "ways;" 8. Court. Any culs-de-sac or dead-end streets with a turnaround which cannot be reasonably extended shall be designated "courts." a. Courts with the same name as the preceding street should be avoided. b. A court shall carry the name of the preceding street only if the court is at the end of the street. 9. Frontage road. "Frontage roads" shall carry the same name and designation as the street served and shall not be identified othetwise. • (Code 1980, § 12.12.020; Ord. No. 144A, § 4(part), 1991) Sec. 12.12.030. New streets. A. It is the responsibility of the applicant fo'I r development resulting in the construction of new streets to submit names, together with_any\fees inlay be adopted by the city council, to the city for approval. B. It is the duty of the city planner or designee, after consulting with the fire district, to approve all street names in the city\h� ��-J (Code 1980, § 12.12.030; Ord. No. 144A;,§ 4`(part),v1991) Sec. 12.12.040. Changing street nam s-Reasons. g g. \\11 A. The changing of street'names may be initiated by any of the following: 1. Public request which must be in writing to the city council or the planning • commission stating the justification for such a change; • 2. Resolution of intention of the planning commission; 3. Resolution of intention of the city council. B. If change is initiated through public request, the city may require the applicant to pay all costs incurred by the change, including, but not limited to, street signs, public hearing notification, etc. (Code 1980, § 12.12.040; Ord. No. 144A, § 4(part), 1991) Sec. 12.12.050. Changing street names—Process. A. In all cases, it is the duty of the planning division, after consulting with the fire district, sheriffs department, postmaster and engineering division on the name changing issue, to prepare a report discussing the justification for such a change, recommending a replacement name and discussing the impact of the proposed change. B. The secretary of the planning commission shall place the matter on the first available planning commission agenda, and shall submit the report to the planning division at that time. Page 392 of 496 C. The planning commission shall hold a public hearing on the proposed street name change. The public hearing shall be noticed to all property owners on the street proposed for change by mail ten days prior to the hearing, or by the posting of a notice along the street at 300- foot intervals, ten days prior to the hearing. The post office, county recorder, fire district and sheriffs department shall also be sent written notice of the proposed change. Where the street connects to or borders an adjoining city boundary, written notice shall also be sent to the affected city. D. Upon receiving testimony at the public hearing, the planning commission may approve or deny the proposed street name change by resolution pursuant to the findings in section 12.12.010. E. If approved, the resolution shall include the date upon which the change will become effective. This decision shall be final, unless appealed in writing to the city council within ten days of the planning commission action. Sixty days prior to the effective date of the change, the city clerk shall send ,written notice of the change to the post office, county recorder, fire district, sheriffs department and public safety answering point, part of the 911 emergency reporting system. (Code 1980, § 12.12.050; Ord. No. 144A, § 4(part), 1991) Sec. 12.12.060. Changing street names—Environmental determination. The city council has determined that the changing of street-names has no possibility of having a significant effect on the environment and therefore, such ,an/action is not subject to the California n Environmental Quality Act (CEQA), p ursuantto SSectio 15061(b)(3). Upon approval of any street name change, a notice of exemption shalPb`e,filed pursuant to CEQA Section 15061(d). (Code 1980, § 12.12.060; Ord. No. 144A, § 4(part), 1991) CHAPTER 12.16. REGULATION OF NEWSRACKS* provisions to read as herein act out See Ordinance List and Disposition Table for derivation. Sec. 12.16.010. Intent and purpose.��---_� The city council of the City oof Rancho Cucamonga finds that newsracks, stands, containers, and similar newspaper and vending devices have proliferated and increased in areas of the city of Rancho Cucamonga to the extent that, in some instances, they constitute a threat to the public health, safety, and welfare by impeding pedestrian traffic and interfering with ingress and egress to and from buildings, vehicles, and public modes of transportation. The purpose of this chapter is to promote the public health; safety and welfare through the regulation of placement, appearance, number, and size and servicing of newsracks on public rights-of-way so as to: • A. Provide for pedestrian and driving safety and convenience; B. Ensure no unreasonable interference with the flow of pedestrian or vehicular traffic, including ingress into, or egress from, any residence or place of business, or from the street to the sidewalk, by persons exiting or entering parked or standing vehicles; C. Provide reasonable access for the use and maintenance of sidewalks, poles, posts, traffic signs or signals, hydrants, mailboxes, and access to locations used for public transportation services; D. Reduce visual blight on the public rights-of-way and protect the aesthetics of store window displays, public landscaping, and other improvements; E. Maintain and protect the value of surrounding properties; F. Reduce exposure to the city to personal injury or property damage claims and litigation; Page 393 of 496 G. Protect the right to distribute information as protected by the state and federal constitutions through the use of newsracks; Fl. Avoid interference with the emergency activities of public safety agencies. It is not the intent of this chapter to in any way discriminate against, regulate, or interfere with the publication, circulation, distribution, or dissemination of any newspapers or other written materials. (Code 1980, § 12A6.010; Ord. No. 812, § 1, 4-1-2009) Sec. 12.16.020. Definitions. For purposes of this chapter, the following words and phrases shall be construed to have the meanings herein set forth, unless it is apparent from the context that a different meaning is intended: Director means the director of community development of the city of Rancho Cucamonga or his or her designee. Explicit sexual acts means depictions of sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, sadism, masochism, or excretory functions in conjunction with sexual activity, masturbation, or lewd exhibition of genitals, whether any of the above conduct is depicted or described as being performed alone or between members-of the same or opposite sex or between humans and animals, or other acts of sexual arousal involving any physical contact with a person's genitals, pubic region, pubic hair, perineum, anu\s,r.analiregion. News/weir means any self-service or coin-operated\box, container, storage unit or other dispenser, including any attached support structure that is installed, used or maintained for the display, sale or distribution of any publication. Owner means any person or company hose name appears as an owner on a newsrack as required by section 12.16.0501 o` the ar ef. Parkway means that area between the sidewalks and the curb of any street, and where there is no sidewalk, that area between=the edge of the roadway and the property line adjacent thereto. Parkways shall also include any-area within a roadway which is not open to vehicular travel. Public right-of-way mean.any place of any nature which is dedicated to use by the public for pedestrian and vehicular travel\and includes, but is not limited to, a street, sidewalk, curb, gutter, public easement, crossing, intersection, parkway, highway, alley, lane, mall, court, way, avenue, P g, P' Y, g Y� Y� Y. boulevard, road, .roadway, viaduct, bridge, thoroughfare, park, square, and any other similar public way. Roadway means that portion of a street improved, designed, or ordinarily used for vehicular travel. Sidewalk means any surface provided for the use of pedestrians. • Street. means all that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys, and sidewalks. (Code 1980, § 12.16.020; Ord. No. 812, § 1, 4-1-2009) Sec. 12.16.030. Compliance with newsrack standards required. •No person shall install, use or maintain or cause to be installed, used or maintained, any newsrack that, in whole or in part, rests upon, in or over any public right-of-way, except as provided in this chapter. (Code 1980, § 12.16.030; Ord. No. 812, § 1, 4-1-2009) Page 394 of 496 Sec. 12.16.040. Prohibited installations. A. No person shall install, use, or maintain, or cause to be installed, used, or maintained, any newsrack which projects onto, into, or over any part of the roadway of any public street, or which rests, wholly or in part, upon, along or over any portion of the roadway of any public street; or which projects or rests within any required setback area or where otherwise prohibited by the development code of the city afRancho Cuca...,--.g . For purposes of application of the development code to newsracks, a newsrack shall be deemed to be a structure. B. No person shall install, use, or maintain, or cause to be installed, used, or maintained, any newsrack which, in whole or in part, rests upon, in or over any public sidewalk or parkway, when such installation, use or maintenance: 1. Would likely endanger the safety of persons or property; er 2. Is on a site or location used for public utility purposes, public transportation purposes or other governmental purpose; er 3. Would likely and unreasonably interfere with or impede the flow of pedestrian or vehicular traffic, including access to any legally parked or stopped vehicle; Of 4. Would likely and unreasonably interfere with or impede ingress into or egress from any residence oi• place of business or the use of poles, posts,..traffic signs or signals, hydrants, mailboxes or other objects permitted at or near the 1 catioor 5. Would interfere with the cleaning of any sitlew,alff,by the use of mechanical sidewalk cleaning machinery. (Code 1980, § 12.16.040; Ord. No. 812, § 1, 4-1-2009) Sec. 12.16.050. Placement standards. Any newsrack which, in whole or in part, rests upon, in or over any public sidewalk or parkway shall comply with the following standards: A. Each newsrack shall be installed in an upright and secure position. B. Each newsrack shall,be-of a typ that is completely enclosed with a self-closing door that is either self-latching\oytherwi'se requires manual or mechanical release at each use. C. No newsrack shall exceed 40fe**ty—inches in height, 30 thirty inches in width, or 24 twenty four inches in thickness. D. Newsracks shall only be placed near a curb or adjacent to the wall of a building. Newsracks placed near the curb shall be placed no less than 18 eighteen inches nor more than 24 twenty four inches from the edge of the curb and shall not open toward the roadway. Newsracks placed adjacenf to the wall of a building shall be placed parallel to the wall and not less than six inches nor more than 18 eighteen inches from the wall. No newsrack shall be placed or maintained on a sidewalk or parkway opposite a newsstand or another newsrack. E. No newsrack shall be chained, bolted, or otherwise attached to: 1. Any property without the express written permission of the owner of such property; provided, however, that the director may require newsracks to be secured to the sidewalk by means of an approved device; or 2. Any fixture located in the public right-of-way, except to other newsracks, including, but not limited to, any tree, streetlight post, traffic signal or sign. F. Attachment to other newsracks. Newsracks, when placed side-by-side, may be chained or otherwise attached to one another, provided that no group of newsracks shall extend for a Page 395 of 496 distance of more than ten feet along a curb, and a space of not less than six feet shall separate each group of newsracks. G. Notwithstanding the provisions of section 12.16.040, no newsrack shall be placed, installed, used or maintained: 1. Within ten feet of any marked mid-block crosswalk;of 2. Within 30 thirty-feet of any street or alley curb return; or 3. Within eight feet of any fire hydrant, fire call box, curb bordering any fire access lane, police call box or other emergency facility;or 4. Within ten feet of any driveway; or • 5. Within five feet ahead of or 25 twenty five feet to the rear of any sign marking a designated bus stop; or 6. Within six feet of any bus bench or bus shelter; or 7. At any location whereby the clear space for the passageway of pedestrians is reduced to less than four feet; or 8. Within three feet of any area improved with 1awrisflowers, shrubs or trees or within three feet of any display window of any building abutting the sidewalk or parkway or in such manner as to impede or interfere with the saer Enable use of such window for display purposes. NV H. Color. Newsracks shall be of unobtrusive neutral colors of grey, brown or black in order to blend in with the streetscape. I. Materials. Newsracks shall be consstruc��meta except'for the display window. J. No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale, orpease of the newspaper or printed material sold therefrom. K. Each newsrack shall be constructed and located in compliance with this chapter and in such manner as to comply with all state and federal regulations concerning access by disabled persons. �' L. Each newsrack shall have affixed thereto, in a place where such information may be easily seen, the correct name, address, and telephone number of the current owner. By placing a newsrack within or upon any public sidewalk or parkway, the owner shall be deemed to have consented to receive any notices given pursuant to this chapter, by mail, at the address affixed to such newsrack. M. Upon transferring ownership of a newsrack, the new owner shall be responsible for continued compliance with the provisions of this chapter. (Code 1980, § 12.16.050; Ord. No. 812, § 1, 4-1-2009) Sec. 12.16.060. Maintenance standards. Each newsrack shall be maintained in a clean and neat condition and in good repair at all times in accordance with the following provisions: A. Each newsrack shall prominently display the correct name, address and telephone number of the current owner thereof. B. Each newsrack shall be maintained in a condition that is free of accumulations of outdated printed materials, trash, rubbish or debris. C. Each newsrack shall be regularly serviced, repaired and/or maintained so that: Page 396 of 496 1. It is kept reasonably free of chipped, faded, peeling and cracked paint in the visible, painted areas thereof; 2. It is kept reasonably free of rust and corrosion in the visible, unpainted metal areas thereof; 3. The clear glass or plastic parts thereof, if any, through which the printed material being dispensed, are not broken and are kept reasonably free of tears, peeling, fading, dirt or grime; 4. The structural parts of the newsrack are not broken or unduly misshapen and are otherwise safe for normal use. 5. The newsrack bears no visible evidence of graffiti, as that term is defined in section 8.24.020 of this Code. (Code 1980, § 12.16.060; Ord. No. 812, § 1, 4-1-2009) Sec. 12.16.070. Display of certain matter prohibited. Publications offered either for sale or at no charge from newsracks placed or maintained on or projecting into or over a public right-of-way shall not be displayed or exhibited in a manner which exposes to public view from any public right-of-way any of the1following: A. Any statements or words describing explicit seicual-act exual organs, or excrement where such statements or words have asheir purpose or effect sexual arousal, gratification or affront; B. Any picture or illustration of genitals, pubic hair, perinea, anuses or anal regions of any person where such picture or illustration has as its purpose or effect sexual arousal, gratification or affront; C. Any picture or illustration depicting cting\explicit sexual acts where such picture or illustration has as its purpose or effct sexual arousal, gratification or affront. (Code 1980, § 12.16.070; Ord. No. 812,1 1, 4-1-2009) Sec. 12.16.080. Display of harmful'mmate A. Definitions. For purposes)of this section, the terms "harmful matter," "matter," "person," "knowingly," "exhibit," and "m nor" shall have the meanings specified in Section 313 of the Califeraria-Penal Code § 313, or any successor provisions thereto. For the purposes of this section, the term "blinder rack" shall mean opaque material placed in front of, or inside, the newsrack and which prevents exposure to public view. B. Prohibition. No person shall knowingly exhibit, display, or cause, to be exhibited or displayed, harmful matter in any newsrack located, in whole or in part, in or on a public right-of- •way or other public place from which minors are not excluded, unless blinder racks have been installed so that the lower two-thirds of the matter is not exposed to public view. (Code 1980, § 12.16.080; Ord. No. 812, § 1, 4-1-2009) Sec. 12.16.090. Violation; notice to owner. Whenever any newsrack is found to be in violation of this chapter, the director may cause a tag to be attached to such newsrack specifying the date and nature of the violation. Within three calendar days thereafter, a written notice of such violation shall be sent by first-class mail by the director to the owner, provided the owner's name and address appear on the newsrack as required in section 12.16.050L, specifying the nature of the violation and that the newsrack shall be impounded if corrections are not made. The owner shall, within ten calendar days from the date on Page 397 of 496 which the notice of violation was mailed, either cause the violation to be corrected or request a hearing pursuant to section 12.16.140. (Code 1980, § 12.16.090; Ord. No. 812, § 1, 4-1-2009) Sec. 12.16.100. Impounding of newsracks; when authorized. A. If an owner fails to timely correct the violations) specified in the written notice, and fails to request a hearing within the time provided herein, the director may impound such newsrack or newsracks. B. In the event a newsrack does not have the owner's name, address, and telephone number affixed thereto as required by this chapter, then such newsrack may be impounded if, within ten calendar days of the date the violation tag was affixed, the owner has not requested a hearing as provided in section 12.16.140, in which case the newsrack shall be deemed to be abandoned. C. Where the installation, use or maintenance of a newsrack creates an immediate threat to the public health, safety or welfare, it may be impounded, provided written notice is thereafter provided to the owner by first-class mail pursuant to section 12.16.110 of this chaptcr. D. When such newsrack has been abandoned, it may be impounded. For purposes of this section, a newsrack shall be deemed abandoned when it has remained empty for 30 thirty consecutive days or longer or no new publication has been placed-in-the newsrack for 45 forty five n . . days or longer. Upon abandonment, a newsrack may be impounded without prior notice, provided post-impoundment notice is given to the owner, if the,o vn�n'be'identified, pursuant to section (Code 6.110. (Co 1980, § 12.16.100; Ord. No. 812, § 1, 4-1-2009) Sec. 12.16.110. Impounding of newsracks;\\\ to o wner. Whenever any newsrack is impounded, the director shall provide written notice by first-class mail to the owner at the address shown\on they newsrack within three calendar days of such impoundment and of the rights of the o'ner to-recover such impounded newsrack(a). (Code 1980, § 12.16.110; Ord. No. 812 '\1,S4�1 2009) Sec. 12.16.120. Return of impoundedynewsracks; conditions. A. Any newsrack, togeth re with its contents which has been impounded, shall be returned to the owner: 1. If a hearing is not timely requested, upon receipt of an impound fee within 30 thirty days• of impoundment, the amount of which has been set by resolution of the city council; sr 2. Upon a determination, after hearing by the director, that.the newsrack should not have been impounded and should be returned to the owner; or 3. Upon a decision by the administrative hearing officer on appeal that the newsrack should not have been impounded. B. In the event a hearing has not been requested within the time permitted, an impound fee, the amount of which has been set by resolution of the city council, shall be imposed upon the owner. (Code 1980, § 12.16.120; Ord. No. 812, § 1, 4-1-2009) Sec. 12.16.130. Sale or disposal after impoundment. The director may sell or otherwise dispose of any newsrack, together with its contents, and retain the proceeds, on behalf of the city, from any such or other disposition and any moneys contained in the newsrack at the time of its impoundment, provided that either: Page 398 of 496 A. Thirty days have elapsed since impoundment occurred; and: L (i)The owner is unknown; or • 2. (ii) Required notice was given to the listed owner but no hearing has been requested within the time permitted, and the owner has failed to pay all impound fees assessed; or B. A hearing or an appeal, if filed, has resulted in a final determination that the newsrack was properly impounded and impound fees assessed have not been received within 30 thirty days from the date of said final determination. (Code 1980, § 12.16.130; Ord. No. 812, § 1, 4-1-2009) Sec. 12.16.140. Impoundment; hearing procedures. A. Request for hearing. Any newsrack owner may file a written request with the director for a hearing within the time specified in section 12.16.090, for the purpose of demonstrating that a newsrack should not be impounded, was improperly impounded, or that a violation as specified in the notice of violation has not in fact occurred. B. Notice of hearing. Within five calendar days from the date on which the request for hearing is received, the director shall set a hearing date andchall notify the owner by first-class mail of the date, time, and place of such hearing. The hearing sha11 occur within ten calendar days 49-of the date of mailing the notice. C. Conduct of hearing. At the time set for the hearing or at the date to which the hearing is continued, the director shall receive all evidence/relevant to-the occurrence or non-occurrence of • the specified violation(s), the compliance or noncompliance with any or the provisions of this chapter, and any other relevant information. The hearing need not be conducted according to technical rules relating to evidence and witnesses\ D. Decision. after hearing. Within ten calendar days after the conclusion of the hearing, the director shall find and determine, fromhth'facts.adduced at the hearing, whether the newsrack is in violation of this chapter. The4eciion of the director shall be in writing and shall contain findings of fact, a determination-of thessues presented and the amount of the impound fee, if any, to be imposed. Thereafter he\director may order the owner to remove such newsrack, if determined to be in violation of-this chapter, within ten calendar days of the mailing date of the decision. If a notice of appeal isynot timely filed during said ten-day period, the director may thereafter order the newsrack to be impounded without further notice to the owner. E. Notice of decision. The director shall send to the owner, by first-class mail, a copy of the decision and order. (Code 1980, § 12.16.140; Ord. No. 812, § 1; 4-112009) • Sec. 12.16.150.Appeals. A. Any newsrack owner may, within ten calendar days of the mailing date of the copy of the director's decision and order, appeal such decision to an administrative hearing officer appointed by the city manager in accordance with the provisions of section 1.12.150 of this Code, by filing a written notice of appeal with the director. If no hearing was timely requested and a newsrack was impounded, then the owner may appeal such impoundment, provided a written notice of appeal is received by the director within ten calendar days of such impoundment. B. An appeal shall set forth in writing specifically wherein the appellant believes there was error or abuse of discretion on the part of the director. The director shall, within ten calendar days, transmit the appeal, together with a copy of his or her file, decision and order, to the appointed Page 399 of 496 administrative hearing officer who shall set the matter for hearing. The hearing shall be conducted in accordance with the procedures set forth in sections 1.12.160 and 1.12.170 of this Code. C. The administrative hearing officer shall, upon receipt of the material specified in the preceding subsection p/t•r-agfaph-from the director, and after a hearing: 1. Affirm the decision and order of the director; ee 2. Reverse or modify the decision and order and refer the matter back to the director; or 3. Where no hearing before the director was timely requested, sustain the impoundment or impose fees or order the newsrack returned with or without fees being imposed. (Code 1980, § 12.16.150; Ord. No. 812, § 1, 4-1-2009) Sec. 12.16.160. Restoration following newsrack removal. In the event an owner removes any newsrack, or has a newsrack removed by the director following hearing and/or appeal, if any, it shall be such owner's responsibility to restore the site of the newsrack to an undamaged condition. The term "undamaged condition" shall mean a condition which is smooth, free of holes, fasteners, and physical devices of any nature, such that another newsrack may be located on that specific site without further restoration. In the event such newsrack owner fails to restore the site as required herein, the city of Rancho Cucamonga shall be authorized, at its discretion, to restore the site following the expiration of five calendar days' prior written notice to the owner stating his or her obligation to perform/restoration. The cost of such • restoration performed by the city shall be recoverablexfr nv the owner as a debt in a contract action. (Code 1980, § 12.16.160; Ord. No. 812, § 1, 4-1-2009) . CHAPTER 12.20. COMPLETE-STREETS PROGRAM Sec. 12.20.010. Recitals. A.4- On May 19, 2010, the cityre T' .\ : • . _. adopted the 2010 General Plan, which set forth policies and goals to encourage-complete streets through the community mobility section of the general plan. � B.3- Chapter 3 (Community Mobility) of the city's of Rancho Cucamonga's general plan includes Goal CM-1 to: "Provide;an integrated and balanced multi-modal transportation network of Complete Streets to meet the needs of all users and transportation modes," and Policies CM-1.1, .CM-1.2, CM-1.3, CM-1.4, CM-1.5, CM-1.6, CM-2.1, CM-3.1,•CM-3.2, CM-3.6, CM-3.7, CM-3.10, CM- 3.11, CM-3.12, CM-3.14, CM-3.15, CM-4. 1, CM-4.2, CM-5.3, CM-5.4, and CM-6.2 to implement the city's of Rancho Cucamonga's goal of providing complete streets. C.& Adoption of this the ordinance codified in this chapter will implement the goals and policies of chapter 3 (Community Mobility) of the city of Rancho Cucamonga general plan to provide complete streets. D.4. All legal prerequisites prior to the adoption of this the ordinance codified in this chapter have occurred. (Ord. No. 857, §A(1)—(4), 12-19-2012) Sec. 12.20.020. Purpose. 2. Purpose. The purpose of this chapter Ordinance is to implement the general plan's goals of providing complete streets and to enable the streets of the city Rancho Cucamonga to provide safe, convenient and comfortable routes for walking, bicycling and public transportation that encourage increased use of these modes of transportation, enable convenient travel as part of daily activities, improve the public welfare by addressing a wide array of health and environmental problems and Page 400 of 496 meet the needs of all users of the streets, including bicyclists, children, persons with disabilities, pedestrians, users of public transportation, and seniors, while continuing to maintain a safe and effective transportation system for motorists and movers of commercial goods. (Ord. No. 857, § B(2), 12-19-2012) Sec. 12.20.040. Definitions. 3. Definitions. The following words and phrases, whenever used in this chapter O d4-eanee, shall have the meanings defined in this section unless the context clearly requires otherwise: a—Complete streets infrastructure means design features that contribute to a safe, convenient or comfortable travel experience for users, including, but not limited to, features such as: sidewalks; shared use paths; bicycle lanes; equestrian trails, automobile lanes; paved shoulders; street trees, landscaping and planting strips, including native plants where possible; curbs; accessible curb ramps; crosswalks; pedestrian and traffic signals, including countdown and accessible signals; signage, including pedestrian-oriented signs; pedestrian-scale lighting; street furniture,and benches; bicycle parking facilities; public transportation stops and facilities; transit priority signalization and traffic calming devices. b—Street means any right-of-way, public or private (in new construction areas), including arterials, connectors, alleys, ways, lanes and roadways by any other designation, as well as bridges, tunnels and any other portions of the transportation networi e—Street project means the construction, reconstr> iom.,retrofit, maintenance of any street, and includes the planning, design, approval and construction. Ed--Users mean individuals that use street including bicyclists, children, persons with disabilities, motorists, movers of commercial goods,pedestrians, users of public transportation, seniors, youth and families. (Ord. No. 857, § B(3), 12-19-2012) Sec. 12.20.060. Infrastructure requiied'for-safe travel. A. The city will make completejstreets practices a routine part of everyday operations, approach every transportation—project project and program as an opportunity to improve public and private streets and the transportation network t twork for all users, and work in coordination with other departments, agencies, and jurisdictions to achieve complete streets. B. Consistent with the general plan, and/or approved specific plan, every street project on public or private streets will incorporate complete streets infrastructure sufficient to enable reasonably safe travel along and across the right-of-way for each category of users; provided, however, that such infrastructure may be excluded, upon written approval by city engineer or his designee where documentation and supporting data indicate' one of the following bases for the exemption: 1. Use by a specific category of users is prohibited by law; 2. The cost would be excessively disproportionate to the need or probable future use over the long term; 3. There is an absence of current and future need; or 4. Significant adverse impacts outweigh the positive effects of the infrastructure. C. The city engineer will provide an annual report to the city council listing the public and private street projects undertaken in the past year and briefly summarizing the complete streets infrastructure used in those projects and, if applicable, the basis for excluding complete streets infrastructure from those projects. Page 401 of 496 E. If the safety and convenience of users can be improved within the scope of pavement resurfacing, restriping, or signalization operations on public or private streets, such projects may include complete streets infrastructure to increase safety for users. F. The planning department and engineering services department shall review existing plans, zoning, and subdivision codes, laws, procedures, rules, regulations, guidelines, programs, templates and design manuals, including the trail implementation plan, development code, general plan, standard drawings for public improvements, and standard conditions to ensure . consistency with the general plan. G. The engineering services department shall develop or revise street standards and design manuals, including cross-section templates and design treatment details, to ensure that standards support and do not impede complete streets. The engineering services department shall coordinate design guidelines with street classifications and revise them to include complete streets infrastructure, such as bicycle lanes, sidewalks, street crossings, and planting strips. Such revisions may be coordinated with revisions to the development code, trail implementation plan, development code, general plan, standard drawings for public improvements, and standard conditions. H. The building and safety services department and engineering services department shall ensure that sidewalks, crosswalks, public transportation stops,and facilities, and other aspects of the transportation right-of-way are compliant with the Americans with Disabilities Act, and shall ensure that the city of Rancho Cucamonga ADA transition includes a prioritization method for enhancements, and shall revise if necessary. I. The planning department and engineering services department shall continue to require street infrastructure consistent with the general esig4uidelines of the development code and consistent with the policies of the generakplan\egarding complete streets that encourage and create pedestrian-oriented activities. J. The planning and engineering 'services' departments shall continue to implement the general plan policies and goals to encourage-complete street infrastructure, including connecting transit opportunities, pedestrian f iendly-commercial streets, and goals for future transportation opportunities like bus rapid transit (BRT). K. The city will mak'raining available to planning, engineering, and public works personnel regarding the implementation and integration of multimodal infrastructure and techniques. (Ord. No. 857, § B(4), 12-19-2012) Sec. 12.20.080. Performance measures and implementation. A. The city will evaluate how well city streets are serving each category of users through the following data collection and performance measures: 1. Total miles of on-street bikeways defined by streets with clearly marked or signed bicycle accommodation. 2. Total miles of streets with pedestrian accommodation. 3. Number of missing or noncompliant curb ramps along city streets. 4. Number of new trees planted along city streets. • 5. Number and severity of pedestrian-vehicle and bicycle-vehicle crashes. 6. Number of pedestrian-vehicle and bicycle-vehicle fatalities. 7. Track Fitnessgram data of students from school districts in the city . Page 402 of 496 8. Comprehensive citywide sidewalk inventory. 9. Sales tax revenue. 10. Total miles of pedestrian trails throughout the city. 11. Number of truncated domes on sidewalks to support visually impaired residents. 12. Amount of air pollution (in tons) caused by automobiles. B. The city shall conduct targeted outreach and encourage public participation in its decisions concerning street design and use. Community input includes: 1. Trails advisory committee. 2. Park and recreation commission. C. The city will institute the following implementation strategy with this complete streets policy: 1. Advisory group. The city will establish an inter-departmental advisory committee to oversee the implementation of this policy. The committee will include members of public works, community services development, engineering services department, planning department, and city manager's office from then/City of Rancho Cucamonga. The committee may include representatives from the bicycling,--yputh and elderly community, • and other advocacy organizations, as relevantiThi cs ommittee will meet no less than twice per year and evaluate the city's progress and'provide advice on implementation. 2. Capital improvement project prioritization='Che city will reevaluate capital improvement projects prioritization to encourage impleme tation of bicycle, pedestrian and transit improvements. 3. Safe routes to school plan. The city will l maai`ntain and update a safe routes to school plan and continue to encourage local c m muniipty member participation. 4. Other plans. The city willRnaintain�and update a bicycle transportation plan, an Americans with Disabilities Act Transition Plan, capital improvement program, and an approved street tree list and\a tree preservation ordinance. p) \� 5. Pedestrian safety campaign. /The city will maintain and support a comprehensive pedestrian safety campaign. This plan engages local community members, city leaders, and law enforcement to encourage safe walking and biking throughout the city. Campaign messages (i.e., graphic elements, road markings, signs) will support • pedestrian safety efforts. 6. Greenhouse Gas Inventory 2020 Forecast Plan. The city, in coordination with SANBAG, shall maintain and update the San Bernardino County Regional Community Greenhouse Gas Inventory 2020 Forecast report to identify amount and trends in automobile air pollution. 7. Storm water management. The city will prepare and implement a plan to transition to sustainable storm water management techniques along our streets. 8. Traffic sign inventory. The city will maintain an inventory of all signs located throughout the city. 9. Staff training. The city will train advisory group members and city staff on the content of the complete streets principles and best practices for implementing the policy. 10. Coordination. The city will utilize inter-departmental project coordination to promote the most responsible and efficient use of fiscal resources for activities that occur within the public right-of-way. Page 403 of 496 11. Funding. The city will actively seek sources of appropriate funding to implement complete streets. 12. Initial studies, assessments and reviews. All initial planning and design studies, health impact assessments, environmental reviews, and other project reviews for projects requiring funding or approval by the city shall: a. (1) Evaluate the effect of the proposed project on safe, comfortable, and convenient travel by all users; and b. (2) Identify measures to mitigate any adverse impacts on such travel that are identified. (Ord. No. 857, § B(5), 12-19-2012) 1 Page 404 of 496 Title 13 . PUBLIC SERVICES CHAPTER 13.04. UNDERGROUND UTILITY DISTRICTS* *State law reference—Means of implementing underground utilities mandate, Government Code § 38793; community service districts, Government Code § 61100 et seq. Sec. 13.04.010. Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings set out below: . P,Contmissian means the public utilities commission of the state. • B. "Person" means and includes individuals, firms, corporations, partnerships, and their agents and employees. GPoles, overhead wires and associated overhead structures means poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located aboveground within a district and used or useful in supplying el^, ectric, communication or similar or associated service. ( - � A D Underground utility district or district means that area in the city within which poles, overhead wires, and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of section-13:0,1.030. F' Utility includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials o��ces. (Code 1980, § 13.04.010; Ord. No. 11, § 1, 1978) Sec. 13.04.020. Public hearing by city c ou`c The city council may from timdc--.0 to/lime/call public hearings to ascertain whether the public �- necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within de t5 gnated areas of the city and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service. The city clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned by mail of the time and place of such hearings at least ten days prior to the date thereof. Each such hearing shall he open to the public and may be continued from time to time. At each such hearing, all persons interested shall be given an opportunity to be heard. The decision of the city council shall be final and conclusive. (Code 1980, § 13.04.020; Ord. No. 11, § 2, 1978) Sec. 13.04.030. Underground utility districts designated by resolution. A. If, after any such public hearing, the city council finds that the public necessity, health, safety or welfare requires such removal and such underground installation within a designated area, the city council shall, by resolution, declare such designated area an underground utility district and order such removal and underground installation. B. The city council shall also make one or more of the following findings: 1. That such undergrounding will avoid or eliminate an unusually heavy concentration of overhead electric facilities; 2. The street or road right-of-way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic; Page 405 of 496 3. The street or road right-of-way passes through a civic area or public recreation area or an area of unusual scenic interest to the general public. C. Such resolution shall include a description of the area comprising such district and shall fix the time within which such removal and underground installation shall be accomplished and within such affected property owners must be ready to receive underground service. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of funds, labor, materials and equipment necessary for such removal, and for the installation of such underground facilities as may be occasioned thereby. (Code 1980, § 13.04.030; Ord. No. 11, § 3, 1978) Sec. 13.04.040. Unlawful acts. Whenever the city council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein, as provided in section 13.04.030, it shall be unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the district after the date when said overhead facilities are required to be removed by such resolution, except as the overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in�section 1.3.04.090, and for such reasonable time required to remove the facilities after said work been performed, and except as otherwise provided in this chapter. (Code 1980, § 13.04.040; Ord. No. 11, § 4, 1978) Sec. 13.04.050. Exception; emergency or unusual circumstances. Notwithstanding the provisions of this chap et r,,verhead facilities may be installed and maintained for a period, not to exceed tel days,without authority of the city engineer in order to it provide emergency service. The city engineer may grant special permission, on such terms as deemed appropriate, in cases of unusual.circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain,euse or operate poles, overhead wires and associated overhead structures. (Code 1980, § 13.04.050; Ord. No. 11,4 5, 1978) Sec. 13.04.060. Other exceptions! In any resolution adopted pursuant to section 13.04.030, the following are exempted.unless specifically included in the resolution: A. Any municipal facilities or equipment installed under the supervision and to the satisfaction of the city engineer; B. Poles, or electroliers used exclusively for street lighting; C. Overhead wires (exclusive of supporting structures) crossing any portion of a district within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a district, when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited; D. Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34.500 thirty four thouound five hundred volts; E. Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street; Page 406 of 496 F. Antennae, associated equipment and supporting structures used by a utility for furnishing communication services; G. Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts; H. Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction project. (Code 1980, § 13.04.060; Ord. No. 11, § 6, 1978) Sec. 13.04.070. Notice to property owners and utility companies. A. Within ten days after the effective date of a resolution adopted pursuant to section 13.04.030, the city clerk shall notify all affected utilities and all persons owning real property within the district created by said resolution of the adoption thereof. The city clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, or similar or associated service, they or such occupant shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location. B. Notification by the city clerk shall be made by mailing.a copy of the resolution adopted pursuant to section 13.04.030, together with a copy of the ordinance codified in this chapter, to affected :property owners as such are shown on the las&equalized) assessment roll and to the affected utilities. M (Code 1980, § 13.04.070; Ord. No. 11, § 7, 1978) Sec. 13.04.080. Responsibility of utility companies. If underground construction is necessary-to prrovide,utility service within a district created by any resolution adopted pursuant to section 13:04.030, the supplying utility shall furnish that • portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and,ta�ffs on-file with the commission. (Code 1980, § 13.04.080; Ord. No. 11,,8; 1978) Sec. 13.04.090. Responsibility of property owners. A. Every person owning operating, leasing, occupying or renting a building or structure within a district shall construct and'provide that portion of the service connection on his property between the facilities referred to in section 13.04.080 and the termination facility on or within said building or structure being served. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to section 13.04.030, the city engineer shall give notice in writing to the person in possession of such premises, and a notice in writing to the owner , thereof as shown on the last equalized assessment roll, to provide the required underground facilities within ten days after receipt of such notice. B. The notice to provide the required underground facilities may be given either by personal service or by mail. In case of service by mail on either of such persons, the notice must be deposited in the United States mail in a sealed envelope with postage prepaid, addressed to the person in possession of such premises at such premises, and the notice must be addressed to the owner thereof as such owner's name appears, and must be addressed to such owner's last known address as the same appears on the last equalized assessment roll, and when no address appears, to General Delivery, City of Rancho Cucamonga. If notice is given by mail, such notice shall be deemed to have been received by.the person to whom it has been sent within 48 forty eight hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the city engineer shall, within 48 forty eight hours after the mailing thereof, cause a Page 407 of 496 copy thereof, printed on a card not less than eight inches by ten inches in size, to be posted in a conspicuous place on the premises. C. The notice given by the city engineer to provide the required underground facilities shall particularly specify what work is required to be done, and shall state that if said work is not completed within 30 thirty days after receipt of such notice, the city engineer will provide such required underground facilities in which case the cost and expense thereof will be assessed against the property benefited and become a lien upon such property. D. If, upon the expiration of the 30-day period, the said required underground facilities have not been provided, the city engineer shall forthwith proceed to do the work; provided, however, if such premises are unoccupied and no electric or communication services are being furnished thereto, the city engineer may, in lieu of providing the required facilities, authorize the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to the property. Upon completion of the work by the city engineer, he shall file a written report with the city council setting forth the fact that the required underground facilities have been provided and the cost thereof, together with a legal description of the property against which such cost is to be assessed. The city council shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work upon such premises, which time shall not be less than ten days thereafter. E. The city engineer shall, upon the time for hearing•such-pr`otests having been fixed, give a notice in writing to the person in possession of such premise's, and-a.notice in writing thereof to the owner thereof, in the manner provided in this chapter for4he giving of the notice to provide the required underground facilities, of the time andeli that the city council will pass upon the report and will hear protests against the assessment notice shall also set forth the amount of the proposed assessment. \\ F. Upon the date and hour set for, the hearing of protests, the city council shall hear and consider the report and all protests, if there be—are any, and then proceed to affirm, modify or reject the assessment. ,5 �y G. If any assessment is not paid_within five days after its confirmation by the city council, the amount of the assessmentashall become a lien upon the property against which the assessment is made by the city engineer,and the city engineer is directed to turn over to the treasurer a notice of lien on each of the properties on which the assessment has not been paid, and the treasurer shall add the amount of the assessment to the next regular bill for taxes levied against the premises upon which the assessment was not paid. The assessment shall be due and payable at the same time as the property taxes are due and payable, and, if not paid when due and payable, shall bear interest at the rate of six percent per annum. (Code 1980, § 13.04.090; Ord. No. 11, § 9, 1978) Sec. 13.04.100. Responsibility of city. The city shall remove at its own expense all city owned equipment from all poles required to be removed hereunder in ample time to enable the owner or user of such poles to remove the same within the time specified in the resolution enacted pursuant to section 13.04.030. (Code 1980, § 13.04.100; Ord. No. 11, § 10, 1978) Sec. 13.04.110. Extension of time. In the event that any act required by this chapter or by resolution adopted pursuant to section 13.04.030 cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience, or any other circumstances beyond the control of the actor, then the time within which the act will be accomplished shall be extended for a period equivalent to the time of the limitation. Page 408 of 496 (Code 1980, § 13.04.110;Ord. No. 11, § 11, 1978) Sec. 13.04.120. Violation; penalty. It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. Any person violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $500.00 or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, and shall be punishable therefor as provided for in this chapter. (Code 1980, § 13.04.120;Ord. No. 11, § 12, 1978) CHAPTER 13.08. STORM DRAINAGE PLAN Sec. 13.08.010. Intent and purpose. The city is seriously affected by surface water and stormwaters and the continual subdivision and development of property within the c' y has placed a serious demand on existing facilities which handle surface water and stormw r . In order to plan and develop drainage facilities for the removal of surface water and s,;' and to provide an equitable manner for the apportionment of the cost of the deve_op nt f ch facilities, the city council determines that a drainage plan must be adopted and :i i age ee established to provide funds to be used for the construction of facilities describ .e = i i age plan. (Code 1980, § 13.08.010; Ord. No. 75, § 1, 1979; Ord. 1. 75-B, 1 .art), 1983; Ord. No. 286, § 1(part), 1986) Sec. 13.08.020. Drainage plan and local,: The comprehensive storm drain plan; umbe; 2 prepared by the county flood control district, master plan revisio I _ u s1.,-r 1 epared by L.D. King Engineering, the master plan of drainage facilities for the ` Vis'.r:lanned community, the Etiwanda area drainage plan, the Victoria planned commu a :'ge plan and the Caryn planned community drainage plan, together with construct' i sts :s d other related material and all revisions or amendments subsequently adopted by t e oun +' by resolution, are found and declared to be the drainage plan for the city. For the pure i of this chapter, the term "planned drainage facilities" means facilities contained within the res ctive drainage plans and subsequent revisions. The city council finds that drainage and land use configurations are significantly different within the Terra Vista, Caryn and Victoria planned communities, the boundaries of the Etiwanda specific plan, and the boundaries of the industrial area assessment district (AD82-1) and Alta Loma assessment district (AD84-2).•All other drainage problems are approximately of equal magnitude in all other.areas of the city. For the purposes of this chapter, the city shall be comprised of the following local drainage areas: A. The Victoria planned community area; B. The Terra Vista planned community area; C. The Caryn planned community area; D. Etiwanda Area A (designated in the Etiwanda area drainage-plan as Areas 1, 2, 3 and 6); E. Etiwanda Area B (designated in the Etiwanda area drainage plan as Areas 4, 5, 7 and 8); F. The assessment district areas (comprised of the industrial area assessment district (AD82-1) and the Alta Loma assessment district (AD84-2)); and Page 409 of 496 G. The general city area (comprised of all remaining areas of the city not otherwise included in the above local drainage areas). (Code 1980, § 13.08.020; Ord. No. 75, § 2, 1979; Ord. No. 75-B, § 1(part), 1983; Ord. No. 286, § 1(part), 1986) Sec. 13.08.030. Fees; payment. A. As condition of approval of a tentative map, a parcel map, the waiver of a parcel map, director reviews, site approval, location and development plan, conditional use permit, or the issuance of a building permit, the city shall require the payment of a fee as provided in this chapter for the purposes of defraying the actual or estimated cost of constructing planned drainage facilities for the removal of surface water and stormwaters from the local drainage areas. The city council finds that development of property within the local drainage area will require construction of the facilities described in the drainage plan, and the fees are fairly apportioned on the basis of benefits conferred on the property in the local drainage areas and on the need for such facilities created by the proposed division or development of property in the local drainage area. The city council further finds that the fee as to any property does not exceed the pro rata share of the amount of the total actual or estimated cost of all facilities pursuant to the drainage plans which would be assessable on any parcel of property if such costs were apportioned on a per acre basis. B. The fees required to be paid within the Etiwanda,/Aiea A and Etiwanda Area B local drainage areas shall be paid prior to the approval of any\\,final:or parcel map. All other fees required to be paid by this chapter shall be paid at the time of the issuance of a building permit. (Code 1980, § 13.08.030; Ord. No. 75, § 3, 1979; Ord. No. 75-B, §v1(rt), 1980; Ord. No. 286, § 1(part), 1986) Sec. 13.08.040. Fees; amount. A. The fees required to he paid by this chapter shall be set by resolution of the city council. B. No fees shall be charged within the ey cto it a Caryn and Terra Vista planned community areas or the assessment district areas. All\planned local drainage facilities within the assessment district areas have been completely constructeHowever, in lieu of storm drain fee collections, facilities within the Victoria, Caryn and Terra Vista planned communities shall be constructed with development, at the developereL xe perise. The city engineer shall, in the exercise of his discretion, determine whichhfacilities ai to be constructed with a particular development as a condition of such development Notwithstanding the foregoing, any property annexed within the Victoria, Caryn or Terra Vista planned communities after the effective date of this chapter shall pay a storm drain fee in an amount equal to the local drainage area fee applicable to such annexed • property prior to such annexation and in effect at the time of development. • C. Except as otherwise provided in this chapter, the fee shall be based on the net of the area . of the entire parcel, after exclusion of the area of all public rights-of-way, with respect to which the building permit is issued. D. If the parcel with respectto which the building permit is issued is larger than one acre, the fee shall be based on: 1. The area of the developed portion of the parcel. As used in this chapter, the phrase "area of developed portion of the parcel" means the area of that portion of the parcel lying within a single rectangle which encloses all improvements, landscaped areas, storage areas, parking areas, required access and required setback lines. 2. Notwithstanding the provision of cubdivicion 1 of this subsection subsection D.1 of this section, the fee shall not be based upon that portion of the area of the developed portion of the parcel which was lawfully developed prior to the effective date of the original ordinance codified in this chapter and which remains unchanged; provided, however, that this exception shall not•apply once the total area of additions to structures, or new Page 410 of 496 structures, constructed after the effective date of the ordinance codified in this chapter, exceeds 50 fifty—percent of the area of the structures on the parcel which existed on the effective date of the ordinance codified in this chapter. E. When fees are collected upon the issuance of a building permit, the amount of the fee and the area for which the fee shall be considered paid shall be determined by the building official. When fees are collected prior to the recordation of a final or parcel map, the amount of the fee and the area for which the fee shall be considered paid shall be determined by the city engineer. (Code 1980, § 13.08.040; Ord. No. 75, § 4, 1979; Ord. No. 75-A, § 1, 1980; Ord. No. 75-B, § ](part), 1983; Ord. No. 286, § ](part), 1986; Ord. No. 363, § 1, 1988) Sec. 13.08.050. Fees; deposit and utilization. The fee required to be paid by this chapter shall be deposited in a planned drainage facilities fund and shall be expended solely for the construction or reimbursement for the construction of drainage facilities pursuant to the drainage plan or to reimburse the city for the costs of engineering, planning and administrative services to establish, design and construct the plan and facilities up to 25 twenty five percent of the cost of construction. A separate planned drainage facilities fee fund shall be established for each local drainage area with the exception of the Victoria, Caryn and Terra Vista planned community areast‘nd the assessment district areas. Initial funds collected may be utilized for specific planning and-engineering studies as designated by resolution of the city council. f (Code 1980, § 13.08.050; Ord. No. 75, § 5, 1979; Ord. No. 75-B.", §§•1(part),.1983; Ord. No. 286, § ](part), 1986) Sec. 13.08.060. Exceptions. Drainage fees shall not be required as a condition of the issuance of a building permit for: A. Alterations; B. Reconstruction. Where permits\aissued within two years of the destruction of the original structure due to fifre;�vandalismfwind, earthquakes or other natural or manmade disasters; \`C��-," C. An addition to a single'-family residence when the addition does not exceed 650 wix fifty-square feet/in area; D. Construction of garages, carports, storage buildings, patio covers, swimming pools, and similar structures, accessory to a single-family residence. (Code 1980, § 13.08.060; Ord. No. 75, § 6, 1979; Ord. No. 75-B, § ](part), 1983; Ord. No. 286, § ](part), 1986) Sec. 13.08.070. Single drainage fee payment. No portion of a parcel shall he subject to payment of a drainage fee more than once. If a drainage fee has been previously paid with respect to a parcel, or portion thereof, credit shall be given for such prior payment, and a proper apportionment shall be made, toward any fee payment required by this chapter. (Code 1980, § 13.08.070; Ord. No. 75, § 7, 1979; Ord. No. 75-B, § ](part), 1983; Ord. No. 286, § ](part), 1986) Sec. 13.08.080. Construction by developer; reimbursement. A. Whenever the construction of planned drainage facilities is necessary for the proper drainage of a subdivision, the city may require the subdivider to construct such facilities with credit being given by the city toward any fee payment required by this chapter. If the cost of such constructing exceeds the fee which would otherwise be payable with respect to the subdivision, the city council will enter into a reimbursement agreement with the developer. In the event a reimbursement agreement is entered into, reimbursement shall be made only after the fee • Page 411 of 496 required by this chapter is collected in connection with a subdivision or development on other property in the area encompassed by the reimbursement boundaries described in the reimbursement agreement. The basis of reimbursement shall be the developer's actual cost of construction of the planned drainage facilities. The term of a reimbursement agreement shall be as specified in the agreement. B. Drains constructed in conjunction with the Victoria, Caryn and Terra Vista planned communities shall be eligible for reimbursements from areas outside of such planned communities. The reimbursement amount shall be in proportion to the tributary drainage served by the constructed drain as determined by the city engineer. Where tributary drainage originates outside of the city boundaries, reimbursements are subject to agreement with the jurisdiction from which the runoff originates. (Code 1980, § 13.08.080; Ord. No. 75, § 8, 1979; Ord. No. 75-B, § 1(part), 1983; Ord. No. 286 § 1(part), 1986) CHAPTER 13.09. ETIWANDA/SAN SEVAINE AREA STORM DRAIN PLAN Sec. 13.09.010. Purpose. In order to implement the goals and objectives of the public health and safety element of the city's general plan, and to mitigate the drainage impacts,in>the Etiwanda/San Sevaine local drainage area, as described in section 13.09.080, caused bby newldevelopment, certain public drainage improvements must be or had to be constructedfThe city council has determined that a development impact fee is needed to finance these public improvements and to assess such fee for a development's share of the construction costs of_thesellprovements. In establishing the fee described in the following sections, the city council has found the fee to be consistent with its general plan and, pursuant to Government Code 65913.2, has considered the effects of the fee with respect to the city's housing needs as established in the housing element of the general plan. (Code 1980, § 13.09.010; Ord. No. 402, § 1(part), 1989) Sec. 13.09.020. Drainage improvement fee. A drainage improvement fee-is•e C blished for the Etiwanda/San Sevaine local drainage area, _ to be assessed on approval of a_tentatN rve map, a parcel map, the waiver of a parcel map, director reviews, site approval, location and development in local drainage areas, to pay for drainage improvements. The city councilrshall, by resolution, set forth the specific amount of the fee pursuant to section 13.09.030, describe the benefit and impact area on which the development is imposed, list the specific public improvements to be financed, describe the estimated cost of the improvements, describe the 'reasonable relationship between this fee and the various types of new developments, and set forth time for payment. As described in the fee resolution, the development , fee shall be paid.by each developer prior to the issuance of a building permit. The city council may review and adjust this fee to determine whether the fee amounts are reasonably related to the impacts of developments and whether the described public facilities are still needed. Upon review, the engineering department shall report its findings to the city council at a noticed public hearing and recommend any adjustment to this fee or other action as may be needed. (Code 1980, § 13.09.020; Ord. No. 402, § 1(part), 1989; Ord. No. 805, § 1, 2-4-2009) Sec. 13.09.030. Fees; amount. A. The fees required to be paid by this chapter shall be set by resolution of the city council. B. The city engineer shall, in the exercise of his discretion, determine which facilities are to be constructed with a particular development as a condition of such development. Page 412 of 496 C. Except as otherwise provided in this chapter, the fee shall be based on the net of the area of the entire parcel, after exclusion of the area of all public street and highway rights-of-way and public lands, with respect to which a building permit is issued. D. If the parcel with respect to which a building permit is issued is larger than one acre, the fee shall be based on: 1. The area of the developed portion of the parcel. As used in this chapter, the phrase "area of developed portion of the parcel" means the area of that portion of the parcel lying within a single rectangle which encloses all improvements, landscaped areas, storage areas, parking areas, required access and required setback lines. 2. Notwithstanding the provisions of cubdivicion 1 of this cubccction subsection D.1 of this section, the fee shall not be based upon that portion of the area of the developed portion of the parcel which was lawfully developed prior to the effective date of the original ordinance codified in chapter 13.08 and which remains unchanged; provided, however, that this exception shall not apply once the total area of additions to structures, or new structures, constructed after the effective date of the original ordinance codified in this chapter, exceeds 50 fifty-percent of the area of the structures on the parcel which existed on the effective date of the original ordinance codifi d,in„this chapter. E. When fees are collected upon the issuance of a building-permit, the amount of the fee and the area for which the fee shall be considered paid shall be determined by the city engineer. (Code 1980, § 13.02030; Ord. No. 402, § 1(part), 1989; Ord. N�805§ 1,22009) Sec. 13.09.040. Limited use of fees. The revenues raised by payment of this fee shall be deposited in a planned drainage facility fund in a separate and special account anduch revenues, along with any interest earnings on those accounts shall be used solely to: Q\ A. Pay for the construction of-facilities described in the resolution enacted pursuant to section 13.09.020, and/or cto reimbu sr e the city for those described or listed facilities constructed by the city with funds:advanced by the city from other sources; B. Reimburse developers who have been required or permitted by section 13.09.070 to install such listed facilities. 7 \\ (Code 1980, § 13.09.040; Ord. No. 402 §'1(part), 1989) . Sec. 13.09.050. Fee adjustments. A developer of any project subject to the fee described in section 13.09.020 may apply to the city council for a reduction or adjustment to that fee, or a waiver of that fee, based upon the . absence of any reasonable relationship or nexus between the drainage or flood control impacts of that development and either the amount of the fee charged or the type of facilities to be financed. The application shall be made in writing and filed with the city clerk not later than: A. (1) Ten days prior to the public hearing on the development permit application for the project; or B.-(2) If no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction, or adjustment. The city council shall consider the application at the public hearing on the permit application or at a separate hearing held within 60 sixty days after the filing of the fee adjustment application, whichever is later. The decision of the city council shall be final. If a reduction, adjustment, or waiver is granted, any Page 413 of 496 change in use within the project shall invalidate the waiver, adjustment or reduction of the fee. (Code 1980, § 13.09.050; Ord. No. 402, § 1(part), 1989) . Sec. 13.09.060. Single drainage fee payment. No portion of a parcel shall be subject to payment of a drainage fee more than once. If a drainage fee has been previously paid with respect to a parcel, or portion thereof, credit shall be given for such prior payment, and a proper apportionment shall be made, toward any fee payment required by this chapter. (Code 1980, § 13.09.060; Ord. No. 402, § 1(part), 1989) Sec. 13.09.070. Developer construction of facilities. A. Whenever the construction of planned facilities is necessary for the proper drainage of a subdivision, the city engineer may require the subdivider to construct such facilities as described in a resolution adopted pursuant to section 13.09.020, with credit being given by the city toward any fee payment required by this chapter. If the cost of such construction exceeds the fee which would otherwise be payable with respect to the subdivision, the city council will enter into a reimbursement agreement with the developer. In the event a reimbursement agreement is entered into, reimbursement shall be made only after fees required-by-this chapter are collected in connection with a subdivision or development on other property in the area encompassed by the local drainage area described in the reimbursement agreement. The basis of reimbursement shall be the developer's actual cost of construction of the-planned drainage facilities not to include any oversizing of the facility by supplemental size, lengtl\or capacity. The term of a reimbursement shall be as specified in the agreement and shall not exceed ten years. B. Planned drainage facilities constructedNih-ailocal drainage area may be eligible for reimbursement from areas outside of such'(area ?d etermined by resolution of the city council. C. Reimbursement of additionaLcoststo the developer due to any oversizing of the facility by supplemental size, length or capacir ty may be y reimbursed from future development within that local drainage area. Any reimbursement-sliall'be made at the time set forth in section 13.09.020. (Code 1980, § 13.09.070; Ord. No:402 § 1(y t), 1989) Sec. 13.09.080. Drainage pla The Etiwanda/San Sevaine area master plan or drainage report (August 1989), together with construction cost and other related material, revisions or amendments subsequently adopted by the city council, are found to be the drainage'plan for the Etiwanda/San Sevaine local drainage area as defined in the Etiwanda/San Sevaine area master plan of drainage report (August 1989). For the purpose of this chapter, the term "planned drainage facilities" means facilities contained within the drainage plan and subsequent revisions. Where the city council has found that drainage and land use configurations are significantly different, those areas may be separated into local drainage areas by resolution for the purpose of policy and fee requirements. (Code 1980, § 13.09.080;.Ord. No. 402, § 1(part), 1989) • Sec. 13.09.090. Exceptions. Drainage fees shall not be required as a condition of the issuance of a building permit for: A. Alterations. . B. Reconstruction. Where permits are issued within two years of the destruction of a structure due to fire, vandalism, wind, earthquakes or other natural or manmade disasters. Page 414 of 496 C. An addition to a single-family residence when the addition does not exceed 650 el* hundred fifty square feet in floor area. D. Construction of garages, carports, storage buildings, patio covers, swimming pools, and similar structures, accessory to a single-family residence. (Code 1980, § 13.09.090; Ord. No. 402, § 1(part), 1989) Sec. 13.09.100. Effective chapter. Provisions of this chapter shall control drainage in the Etiwanda/San Sevaine local drainage area as defined in the Etiwanda/San Sevaine area master plan of drainage area (August 1989), notwithstanding any other statement in this Code. (Code 1980, § 13.09.100; Ord. No. 402, § 1(part), 1989) • • • • • Page 415 of 496 Title 14 RESERVED Alt a Y Page 416 of 496 Title 15 BUILDINGS AND CONSTRUCTION* *State law reference—State Housing Law, Health and Safety Code § 17910 et seq.; state building standards, Health and Safety Code § 18901 et seq.; city authority to regulate the construction, repair, or alteration of buildings, Government Code § 38660. CHAPTER 15.04. CODES ADOPTION*- . . : e : - .. Sec. 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; are1hereby 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 fin:the Abatement o fo £Dangerous Buildings, 1997 Edition, and the Uniform Housing Code, 1997 Edition, shall comprisetthe Building and Construction Regulations of the city of Rancho Cucamonga. At least one copy of each primary code adopted by reference, and of each secondary code pertainingnther`eto`: all certified to be true copies by the city clerk, shall be filed in the office of the city clerlAt least115 'days preceding the hearing, and shall he kept there for public inspection while the:ordinance is in force. However, after the adoption of the code by reference, one copy of the primary code-arc(of each secondary code may be kept in the office of the chief enforcement officer instead of in'the office of the city clerk. (Code 1980, § 15.04.010; Ord. No. 311,x§ 198 7;-Ord. No. 412, § 3, 1990; Ord. No. 497 § 3, 1992; Ord. No. 603, § 3, 1999: Ord. No. 693. § 3, 2002;.Ord)'No..784, § 3, 2007; Ord. No. 834, § 3, 11-17-2010; Ord. No. 862, § 3, 11-20-2013) ��j Editor's note--The Fire Code'inefffeect in the city is as adopted by the fire district in Ordinance No. FD 54. An excerpt from that.ordinance is as'fol cows: "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." See Ordinance No. PD 54 which is on file in the city clerk's office for the amendments to the 2013 California Fire Code adopted and in effect in the city. State law reference—California Building Standards Code. Health and Safety Code § 18935 et seq.; local amendments, Health and Safety Code § 18941.5. Sec. 15.04.020. Penalties. It shall be unlawful for any person, firm, partnership or corporation to violate any provision or to fail to comply with any of the requirements of this Ordinance Title 15 or the secondary codes • Page 417 of 496 . adopted hereby. Any person, firm, partnership or corporation violating any provision of this Ord-ina-nee Title 15 or the secondary codes adopted hereby or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00 or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each person, firm, partnership or corporation shall be deemed guilty of separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Ordinance Title 15 or the secondary codes adopted hereby is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this Ordinance section. (Ord. No. 862, § 10, 11-20-2013) Sec. 15.04.030. Civil remedies available. The violation of any of the provisions of this Ordinance Title 15 or the secondary codes adopted hereby shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. (Ord. No. 862, § 11, 11-20-2013) CHAPTER 15.12. BUILDING CODE\ o * • . . ._ = *State law reference--State building standards, Health anc4Safety Code § 18901 et seq.; city authority to regulate the construction, repair, or alteration of buildings,—Government Code § 38660. . . _,111 _ : : . . . . . . . . . . . �. the office of the (Code 1080, § 15.01.010; Ord. No311, § 4;.1987; Ord. No. 112, § 3, 1990; Ord. No. 197 § 3, 1092; Ord. No. 3, 11 20 2013) ��j Sec. 15.12.005. Section [A]101.4 of Chapter 1, Division II amended; referenced codes. Sections [A1101.4.1, [A]101.4.2, [A]101.4.3, [A]101.4.4 are deleted. (Code 1980, § 15.12.005; Ord. No..784, § 4(part), 2007; Ord. No. 834, § 4, 11-17-2010; Ord. No. 862, § 4, 11- 20-2013) State law reference—California Building Standards Code, Health and Safety Code § 18935 et seq.; local amendments, Health and Safety Code § 18941.5. Sec. 15.12.010. Section [A]105.2 of Chapter 1, Division II amended; work exempt from permit. Section [A]105.2 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. • Page 418 of 4% 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. (Code 1980, § 15.12.010; Ord. No. 784, § 4(part), 2007; Ord. No. 834, § 4, 11-17-2010; Ord. No. 862, § 4, 11- 20-2013) Sec. 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$500.00 or less for all other occupancy groups with the approval of the building official. (Ord. No. 862, § 4, 11-20-2013) CrN Sec. 15.12.020. Sections [M113.1 and [M113.3 of Chapter-1;Division II amended; board of appeals. Y Sections [A1113.1 and [A1113.3 of Chapter 1,—Division II are hereby amended to read as follows: \/y [A1113.1 General. In order to hear and decide appea�f'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 ereayted a board of appeals consisting of 3 members and 2 alternates who are qualified)by experience and training to pass on matters pertaining v to building constructmn andho-ar.e 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. 1A1113.3 Qualifications. Deleted. (Code 1980, § 15.12.020; Ord. No. 784, § 4(part), 2007; Ord. No. 834, § 4, 11-17-2010; Ord. No. 862, § 4, 11- . 20-2013) Sec. 15.12.030. Sections [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: [A]114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish, occupy or maintain any • building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. [A]114.2 Notice of violation. The building 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 Page 419 of 496 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. (Code 1980, § 15.12.030; Ord. No. 784, § 4(part), 2007; Ord. No. 834, § 4, 11-17-2010; Ord. No. 862, § 4, 11- 20-2013) Sec. 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. (Code 1980, § 15.12.040; Ord. No. 784, § 4(part), 2007; Ord. No. 834, § 4, 11-17-2010; Ord. No. 862, § 4, 11- 20-2013) Sec. 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. A (f_ IA IB IIA IIB I11A IIIB IV VA VB A A A • A A ''AN; " B B B *See section 1505.1.1 for Class A Roof Coverings in Very 1 igh7Fire Hazard Severity. • (Code 1980, § 15.12.050; Ord. No. 784, § 4(part), 834, § 4, 11-17-2010; Ord. No. 862, § 4, 11- 20-2013) Sec. 15.12.060. Section 1609.3 amended; basic1wind 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 Wm of 85 miles per\Y land"Vi, of 100 miles per hour. (Code 1980, § 15.12.060; Ord. No. 784, § 4(part), 2007; Ord. No. 834, § 4, 11-17-2010; Ord. No. 862, § 4, 11- 20-2013) y Sec. 15.12.070. Appendix chapters deleted. Appendices chapters A, B, C, D, F, H, K in the Building Code are hereby deleted. (Code 1980,•§ 15.12.070; Ord. No. 781, § 4(part), 2007; Ord. No. 834, § 4, 11-17-2010; Ord. No.•862, § 4, 11- 20-2013) Sec. 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. (Code 1980, § 15.12.080; Ord. No. 784, § 4(part), 2007; Ord. No. 834, § 4, 11-17-2010; Ord. No. 862, § 4, 11- 20-2013) • • • Page 420 of 496 Sec. 15.12.090. Section J101 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. (Code 1980, § 15.12.090; Ord. No. 784, § 4(part), 2007; Ord. No. 834, § 4, 11-17-2010; Ord. No. 862, § 4, 11- 20-2013) Sec. 15.12.100. Section J103.2 of Appendix J amended; exemptions. Section J103.2 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'n \ o danger to private or public property. 2. An excavation below fnished4grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill..-mad'e��with the material from such excavation or i v.� exempt any excavation having an unsupported height greater than 5 feet (1524mm) after the completion o f such structure. 3. Cemetery graves. 4. Refuse disposal sites-controlled by other regulations. \\\ 5. Excavations for wellesor 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 less than 3 feet (914mm) in depth, not intended to support structures, that 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 chapter 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. Page 421 of 496 (Code 1980, § 15.12.100; Ord. No. 784, § 4(part), 2007; Ord. No. 834, § 4, 11-17-2010; Ord. No. 862, § 4, 11- 20-2013) Sec. 15.12.110. Section J104 of Appendix J amended; permit application and submittal. Section 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. (Code 1980, § 15.12.110; Ord. No. 784, § 4(part), 2007; Ord. No. 834, § 4, 11-17-2010; Ord. No. 862, § 4, 11- 20-2013) Sec. 15.12.120. Section J105.1 of Appendix J amended; general. Section J105.1 is hereby amended to read as follows: J105.1 General. Inspections shall be governed by Section 110, Chapter 1, Division II of this code and requirements established, by approved policies and procedures of the building and safety department. An engineer shall provide gradin` g inspections and certifications for . the work. /yy, . (Code 1980, § 15.12.120; Ord. No. 784, § 4(part), 2007; Ord eNo. 834, §�-17-2010; Ord. No. 862, § 4, 11- 20-2013) �:.\\C Sec. 15.12.130. Section J109.4 of Appendix J amended; drainage across property lines. !\ \I Section J109.4 is amended to have these sentences added at the end of the section as follows: For single family lot drainage: 1. Whenever possible, drainage from single family lots shall flow directly to a street. 2. If it should be determined necessary to allow offside drainage to flow through a single family lot (to preserve down lot views, esthetics, accept flow from offsite . property, etc.)„the I.-Olio-Whig,shall apply: a. Drainage fr om 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. (Code 1980, § 15.12.130; Ord. No. 784, § 4(part), 2007; Ord. No. 834, § 4, 11-17-2010; Ord. No. 862, § 4, 11- 20-2013) Sec. 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 Page 422 of 496 and public or private property from damage by erosion, flooding, and deposition of mud or debris origination from the site during the grading operation. (Code 1980, § 15.12.140; Ord. No. 784, § 4(part), 2007; Ord. No. 834, § 4, 11-17-2010; Ord. No. 862, § 4, 11- 20-2013) • Sec. 15.12.150. Section J113 of Appendix J added; protection of adjacent property. 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. (Code 1980, § 15.12.150; Ord. No. 784, § 4(part), 2007; Ord. No. 834, § 4, 11-17-2010; Ord. No. 862, § 4, 11- 20-2013) Sec. 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 ontractor shall put into effect and maintain all precautionary measures necessary to preven 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. (Code 1980, § 15.12.160; Ord. No. 784, § 4(part), 2007;Ord>No. 834'§ 4, 11-17-2010; Ord. No. 862, § 4, 11- 20-2013) �\ CHAPTER 15.14. RESIDENTIAL////BUILDING CODE* *State law reference--State building standards, Health and Safety Code § 18901 et seq.; city authority to regulate the construction, repair, or alteration'ofbuildings, Government Code § 38660. Sec. 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 item I, 2 and adding a new item 11, 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 1-20 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. (Code 1980, § 15.14.010; Ord. No 834, § 5, 11-17-2010; Ord. No. 862, § 5, 11-20-2013) Sec. 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. Page 423 of 496 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. (Code 1980, § 15.14.020; Ord. No. 834, § 5, 11-17-2010; Ord. No. 862, § 5, 11-20-2013) . Sec. 15.14.030. Sections R113.1 and R113.2 of Chapter I, Division II amended; violations. Section of R113.1 and R113.2 of Chapter 1, Division II is 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 p , r -\ conflict with or in violation of any of the provisions,ofthis code. RI13.2 Notice of violation. The building and safety services�director is authorized to serve a notice of violation or order on the person resp nsible for the erection, construction, alteration, extension, repair, moving rem vo al demolition, maintaining or occupancy of a building or structure in violation of thejprovisions of this code, or in violation of a permit or certificate issued under the provision this code. Such order shall direct the discontinuance of the illegal action s of or condition and the abatement of the violation. 1 \l (Code 1980, § 15.14.030; Ord. No. 834, § 5, 11-17-2010; Ord. No. 862, § 5, 11-20-2013) Sec. 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 Vim of 85 miles per hour and V35 of 100 miles per hour with exposure C. (Code 1980, § 15.14.040:-Ord. No. 834, § 5, 11-17-2010; Ord. No. 862, § 5, 11-20-2013} • Sec. 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. (Code 1980, § 15.14.050; Ord. No. 834, § 5, 11-17-2010; Ord. No.862, § 5, 11-20-2013) Sec. 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. Page 424 of 496 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 1IB 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. (Code 1980, § 15.14.060; Ord. No. 834, § 5, 11-17-2010; Ord. No. 862, § 5, 11-20-2013) Sec. 15.14.070. Appendices deleted. Appendices A, B, C, D, E, F, 1, K, L, M, N, 0, P, Q of the California Residential Code are hereby deleted. (Code 1980, § 15.14.070; Ord. No. 834, § 5, 11-17-2010; Ord. No. 862, § 5, 11-20-2013) Sec. 15.14.080. Section Appendix G105.2 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." LY VC--1 (Code 1980, § 15.14.080; Ord. No. 834, § 5, 11-17-2010; Ord..No. 862„§ 5. 1,1-20-2013) CHAPTER 15.16. MECHANI AL.CODE* *State law reference--State building standards;Health-andikSafety Code § 18901 et seq.; city authority to regulate the construction, repair, or alteration of buildings, Government Code § 38660. 11 Sec. 15.16.010. Section 110.1 of Chapter 1,Di Vision II amended; general. Section 108.1 of the Mechanical Code i 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. (Code 1980, § 15.16.010; Ord. No. 784, § 5(part), 2007; Ord. No. 834, § 6, 11-17-2010; Ord. No. 862, § 6, 11- 20-2013) Sec. 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 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. Page 425 of 496 (Ord. No. 862, §6, 11-20-2013) Sec. 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. (Code 1980, § 15.16.020; Ord. No. 784, § 5(part), 2007; Ord. No. 834, § 6, 11-17-2010; Ord. No. 862, § 6, 11- 20-2013) 114.2 changed to 115.2? Sec. 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. (Code 1980, § 15.16.030; Ord. No. 784, § 5(part), 2007; Ord. No. 8 -17-2010; Ord. No. 862, § 6, 11- 20-2013) • Sec. 15.16.040. Table 114.1 deleted; mechanical pe des. Table 114.1 of the Mechanical Code is hereby a e . . (Code 1980, § 15.16.040; Ord. No. 784, § 5(part), 200 Ord. 834, § 6, 11-17-2010; Ord. No. 862, § 5, 11- 20-2013) CHAPTER 1,.20. P UMBING CODE* *State law reference--State buildi :17 • Health and Safety Code § 18901 et seq.; city authority to regulate the construction, repair, to 'on o iuildings, Government Code§ 38660. Sec. 15.20.010. Section 10 .1!, hap er 1, Division II amended; board of appeals. Section 102.3 is hereby ame :1;s 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. (Code 1980, § 15.20.010; Ord. No. 784, § 6(part), 2007; Ord. No. 834, § 7, 11-17-2010; Ord. No. 862, § 7, 11- 20-2013) Sec. 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: Page 426 of 496 103.3.5 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. (Ord. No. 862, § 7, 11-20-2013) Sec. 15.20.020. Section 103.4 amended; permit fees. Section 103.4 is hereby amended to read as follows: 103.4. Permit fees. The fee for each permit shall be as established by Resolution of the City Council. (Code 1980, § 15.20.020; Ord. No. 784, § 6(part), 2007; Ord. No. 834, § 7, 11-17-2010; Ord. No. 862, § 7, 11- 20-2013) Sec. 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 fl' ata-isNrequired to be submitted by �, bmit v 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 resroAlutio`n%f the city council. Where plans are incomplete or changed so as to require additionalreview, an additional review fee shall be charged. (Code 1980, § 15.20.030; Ord. No. 784, § 6(part), 2007;,Ord. No. 834, § 7, 11-17-2010 Ord. No. 862, § 7, 11-20- 2013) Sec. 15.20.040. Table 103.4 deleted; plumbing'permit fees. Table 103.4 is hereby deleted 2 • (Code 1980, § 15.20.040; Ord. No. \ 1 §part)2;2007; Ord. No. 834, § 7, 11-17-2010; Ord. No. 862, § 7, 11- 20-2013) Sec. 15.20.050. Appendix chapter deleted. Appendix L of the California Plumbing Code is hereby deleted. (Code 1980, § 15.20.050; Ord. No. 784, § 6(part), 2007; Ord. No. 834, § 7, 11-17-2010; Ord. No. 862, § 7, 11- 20-2013) Sec. 15.20.060. Section 609.3.1 of Chapter 6 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. (Code 1980, § 15.20.060; Ord. No. 784, § 6(part), 2007; Ord. No. 834, § 7, 11-17-2010; Ord. No. 862, § 7, 11- 20-2013) Sec. 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: Page 427 of 496 ABS and PVC materials shall not be used in fire-resistive buildings. Non-combustible material such as cast iron must be used. (Code 1980, § 15.20.070; Ord. No. 784, § 6(part), 2007; Ord. No. 834, § 7, 11-17-2010; Ord. No. 862, § 7, 11- 20-2013) Sec. 15.20.080. Section 701.1 amended; ABS and PVC materials for residential construction. 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. (Code 1980, § 15.20.080; Ord. No. 834, § 7, 11-17-2010; Ord. No.862, § 7, 11-20-2013) CHAPTER 15.24. ELECTRICAL CODE* *Prior ordina• • • • ; e •- . . . *State law reference--State building standards, Health and Safety Code § 18901 et seq.; city authority to regulate the construction, repair, or alteration of buildings, Government Code § 38660. 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 hean nd cide appeals of orders, decisions or determination made by the building and safety serwices'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 whooare 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 servicesldirector 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 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. (Code 1980, § 15.24.010; Ord. No. 784,y§ 7(part), 2007; Ord. No. 834, § 8, 11-17-2010; Ord. No. 862, § 8, 11- 20-2013) Y Sec. 15.24.019. Section 80.19 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 b'e 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$500.00 or less for all other occupancy groups with the approval of the building official. (Code 1980, § 15.24.020; Ord. No. 784, § 7(part), 2007; Ord. No. 8G�, § 8, 11-20-2013) CHAPTER 15.26. GREEN BUILDING CODE* *State law reference—California Green Building Standards, Health and Safety Code § 18935 et seq.; local amendments, Health and Safety Code § 18941.5. Page 428 of 496 Sec. 15.26.010. Section [Reserved for future amendments.] (Code 1980, § 15.26.010; Ord. No. 834, § 9, 11-17-2010 Ord. No. 862, § 9, 11-20-2013) CHAPTER 15.28. CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS* *State law reference—State building standards, Health and Safety Code § 18901 et seq.; city authority to regulate the construction, repair, or alteration of buildings, Government Code § 38660. * Prior ordinance history: Ord:. 311 § 10, 11 § 8, 497 § 9 and 603 § 8. Sec. 15.28.010. Section 205.1 amended; general. Section 205.1 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows: 205.1. General. In order to hear and decide appeals of orders, decisions or determination made by the building and safety official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals consisting of 3 members and 2 alternates who are qualified by experience and training to pass upon matters pertaining to building construction and who are not employees of the jurisdiction. The building and safety official shall be an ex officio member of and shall act as secretary to said board but shall have no vote on any matter before the board. The board shall adopt rules of procedure for conducting its business, and shall render all decisions•and.frndings in writing to the appellant with a duplicate copy to the building and safety off \l. (Code 1980, § 15.28.010; Ord. No. 693, § 8, 2002; Ord. No. 784, §8,2 007) CHAPTER 15.32. HOUSING,CODE* \ 1! *Prior ordinance history: Ord_. 311 § 11, 112§9,499:7§1 03 § 9 and 693 § 9. *State law reference--State building standards, Health and Safety Code § 18901 et seq.; city authority to regulate the construction, repair, or alteration of buildings, Government Code § 38660. Sec. 15.32.010. Section 203.1 amended;board of appeals. Section 203.1 of the Housing Code is amended to read as follows: 203.1. Board of appeals. In order to hear and decide appeals of orders, decisions or determination made by \tlie building and safety official relative to the application and interpretation of this code there shall be and is hereby created a housing advisory and appeals board 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 official shall be an ex officio member of and shall act as secretary.to said board but shall have no vote on any matter.before the board. The board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official. Appeals to the board shall be processed in accordance with the provisions contained in section 1201 of this code. Copies of all rules of procedure adopted by the board shall be delivered to the building and safety official, who shall make them accessible to the public. (Code 1980, § 15.32.010; Ord. No. 784, § 9, 2007) CHAPTER 15.42. EARTHQUAKE HAZARD REDUCTION IN UNREINFORCED MASONRY BUILDINGS* *Editor's note—Tables referenced in this chapter are located at the end of the chapter. Page 429 of 496. Sec. 15.42.010. Purpose. A. The purpose of this chapter is to promote public safety and welfare by reducing the risk of death or injury that may result from the effects of earthquakes on unreinforced masonry bearing wall buildings constructed before 1946. Such buildings have been widely recognized as sustaining life-hazardous damage as a result of partial or complete collapse during past moderate to strong earthquakes. B. The provisions of this chapter are minimum standards for structural seismic resistance established primarily to reduce the risk of life loss or injury and will not necessarily prevent loss of life or injury or prevent earthquake damage to an existing building which complies with these standards. This chapter shall not require existing electrical, plumbing, mechanical or fire safety • systems to be altered, unless they constitute a hazard to life or property. C. This chapter provides procedures and standards for identification and classification of unreinforced masonry bearing wall buildings based on their present use. Priorities, time periods and standards are also established under which these buildings are required to be structurally analyzed and anchored. Where the analysis determines deficiencies, this chapter requires the building to he strengthened or demolished. D. However, the provisions of this chapter do not preclude the preservation of historic buildings. In fact, preservation of historic buildings is encouraged through the permissive use of applicable portions of the State Historical Building Codee(SHBC), established under Part 8, Title 24 of the California Administrative Code. In additioi the*cityw"ill pursue incentives to assist property owners in obtaining aid offered by £ederal,_state a�nyd local agencies. These incentives are further elaborated on in section 15.42.070F. Y (Code 1980, § 15.42.010; Ord. No. 417, § 4(part), 1990) Sec. 15.42.020. Scope. A. The provisions of this chapter shall to all buildings constructed or under construction prior to 1946, or for which')a building permit was issued prior to 1946, which on the effective date of the ordinance codifiediin this chapter have unreinforced bearing walls as defined in this chapter. /(-- 13. Exception. This chapter shall not apply to detached one- or two-family dwellings and detached apartment houses containing less than five dwelling units and used solely for residential purposes. • • (Code 1980, § 15.42.020; Ord. No. 417, § 4(part), 1990) Sec. 15.42.030. Definitions. For purposed of this chapter, the applicable definitions in sections 2302 and 2312 of the Uniform Building Code, 1988 Edition (UBC, 1988 Edition) and the following shall apply: PCrosswalls mean interior walls of masonry or wood frame construction with surface finish of wood lath and plaster, minimum one-half inch thick gypsum wallboard or solid horizontal wood sheathing. In order to be considered as a crosswall within the intent of this chapter, the crosswalls shall be spaced at not more than 40 feet-NJ—feet apart in each story, and shall be full story height with a minimum length of 1 1/2 one and one half times the story height. 14—High risk building means any building having an occupant load of 100 one hundred occupants or more as determined by Section 3302, Uniform Building Code, 1988 Edition. Exception: Buildings meeting either or both of the following criteria need not be classified as high risk buildings: Page 430 of 496 A.4- Any building having exterior walls braced with crosswalls as defined in subsection A of this section; B.& Any building used for its intended purpose, as determined by the building official, for less than 20 twenty hours per week. G-Historic building means any building designated as an historic building by an appropriate federal or state agency, or as landmark by the city council of the city, and any building on a local, state or national inventory of historic resources. --Lora risk building means any building having an occupant load of less than 20 twenty occupants, as determined by Section 3302, Uniform Building Code, 1988 Edition. 14-Medium risk building means any building having an occupant load of more than 20 twenty, but less than 100 'hunch°ca, as determined by Section 3302, Uniform Building Code, 1988 Edition. F—Un.reinforced niasonry bearing wall means a masonry wall having all of the following characteristics: A.4- Providing vertical support for a floor or roof; • B.2- Having a total superimposed load of over 100 one hundred pounds per linear foot; • C.3- Having,reinforcing steel less than 50i€ty-percent•of that required by Section 2407(h)4B, Uniform Building Code, 1988 Edition.. (Code 1980, § 15.42.030; Ord. No. 417, § 4(part), 1990) Sec. 15.42.040. Rating classification. A. Buildings subject to this chapter shall be classified by the building official as high risk, medium risk, or low risk buildings as defined in section 15.42.030. The total occupant load of the entire building as determined by Section 3302, Uniform Building Code, 1988 Edition, shall be used to determine the rating classification.-- B. Exceptions. 1. For the purpose of thishapter, portions of buildings constructed to act independently when resisting seismic forces may be placed in separate rating classifications; 2. The building official may/allow the use of a verified occupancy load rather than the occupancy load specified in Section 3302, Uniform Building Code, 1988 Edition in determining the rating classification. (Code 1980, § 15.42.040; Ord. No. 417, § 4(part), 1990) • Sec. 15.42.050. General requirements. The owner of each building within the scope of this chapter shall cause a structural analysis to be made of the building by a civil or structural engineer or architect licensed by the state;-ef California; and if the building does not meet the minimum earthquake standards specified in this chapter, the owner shall cause it to be structurally altered to conform to such standards; or cause the building to be demolished. A. Service of order. The city shall have up to 270 two hundred seventy days in which to serve the order as outlined in section 15.42.060. B. Compliance. Upon service of the order, the owner of a building, identified within the scope of this chapter, shall comply with one of the following requirements: Page 431 of 496 1. Within 270 two hundred ceventy days after the service of the order, a structural analysis shall be submitted to the building official for review. Such analysis shall demonstrate that the building meets the minimum requirements of this chapter; or 2. Within 270 two hundred seventy days after the service of the order, the structural analysis and plans for the proposed structural alterations of the building necessary to comply with the minimum requirements of this chapter shall be submitted; or 3. Within 270 . • . . . . days after the service of the order, a letter of intention to demolish the building shall be submitted. Any proposed demolition of a historic building, as defined in section 15.42.030, must first undergo landmark application review to determine the historical merit of the structure. In addition to review for landmark status, the historic preservation commission shall determine the need for and required contents of a feasibility study to examine the possible alternatives to demolition which may include a cost/benefit analysis, reconstruction alternatives, relocation feasibility or other similar analysis determined necessary by the commission. The study shall be completed by a city-hired consultant, but financed by the applicant, and shall be reviewed by the community development director or his designee and reported to the historic preservation commission. C. Building permit. After plans or letter of intention to—demolish are submitted and approved by the building official,' the ownerr^shall obtain a building permit, and ' commence and complete the required constructiori_\or demolition within the time limits set forth in this subsection. These time limits hall begin to run from the date the order is served in accordance with section 15.42.060k-and B� 1. The property owner shall have onel,year from the date the order is served to obtain a building permit to complete structural-alterations or building demolition. 2. The property owner shall have a total of three years from date the order is served to complete construction of any tructucal alterations. Exception. The building official may an extension of time, for obtaining a building permit or demonstrating compliance with.this<chapter as set forth in section 15.42.050, of up to an additional one year, if it is demonstrated that there.is no immediate hazard to life safety and that there will be no adverse impact upon adjacent properties. Any further request for extensions of time shall be accomplished in the manner set forth in section 1.5.42.060C. (Code 1980, § 15.42.050: Ord. No. 417, 4(part), 1990) • Sec. 15.42.060. Administration. A. Service of order. The building official shall issue an order, as provided in.subsection B of this section, to the owner of each building within the scope of this chapter. Service of the order shall not occur until such time that the city planner and building official shall determine that the incentive programs, referenced in section 15.42.070F are in place and operational, but shall be no longer than 270 two hundred ceventy days from the effective date of the ordinance codified in this chapter. B. Contents of order. The order shall be in writing and shall be served either personally or by certified or registered mail upon the owner as shown on the last equalized assessment, and upon the person, if any, in apparent charge or control of the building. The order shall specify that the building has been determined by the building official to be within the scope of this chapter and, therefor, is required to meet the minimum seismic standards of this chapter. The order shall specify the rating classification of the building and shall be accompanied by an informational pamphlet, as referenced in section 15.42.070F, which shall also include a copy of section 15.42.050 and shall include alternatives and time limits for compliance. Page 432 of 496 C. Appeal order. The owner or person in charge or control of the building may appeal the building official's determination that the building is within the scope of this chapter to the city council. Such appeal shall be filed with the building official within 30 thirty days from the service date of the order of the building official. Any such appeal shall be scheduled for hearing before the city council, not later than 60 sixty days after the date that the appeal is filed. Such appeal shall be made in writing upon appropriate forms provided therefor by the building official, and the grounds for appeal and the justification thereof shall he stated clearly and concisely. Each appeal shall be accompanied by a filing fee as determined by city council resolution. D. Recordation. At the time that the building official serves the order, the building official shall file with the office of the county recorder a certificate stating that the subject building is within the scope of Title 15, chapter 15.42 of the city municipal Code. The certificate shall also state that the owner thereof has been ordered to structurally analyze the building and to structurally alter it or demolish it where compliance with chapter 15.42 is not exhibited. If the building is either demolished, found not to be within the scope of this chapter, or is found to be structurally capable of resisting seismic forces required by this chapter as a result of structural alterations or an analysis, the building official shall file with the office of the county recorder a certificate terminating the status of the subject building as being classified within the scope of Title 15, chapter 15.42 : -• -- - •': • _:- -. E. Enforcement. If the owner or other person in charge or-control of the subject building fails to comply with any order issued by the building official purstianttothis chapter within any of the time limits set forth in section 15.42.050, the building official shall order that the entire building be vacated and that the building remain vacated:until such order has been complied with. If compliance with such order to vacate has not been accomplished within 90 ninety days after the date the building has been ordered vacated or such additional time as may have been granted by the city council, the building official may order-its demolition or abatement in accordance with the provisions of the procedure set forth in the Uniform Code for Abatement of Dangerous Buildings as adopted by chapter 15.28 of this title. ., .,,_j (Code 1980, § 15.42.060; Ord. No. 417, § 4(p ), 1990) Sec. 15.42.070. Historic budilg\ � A. Historic preservation 14. view. Any proposal for the structural alteration or demolition of an historic building, as defined'in this chapter, shall require review by the historic preservation commission prior to issuance of any building or demolition permits. B. Scope. The commission shall review all plans, proposed structural revisions and demolitions for preservation of historic character, quality of design and aesthetic considerations, review fee waiver requests and demolition feasibility studies and make recommendations to the • city council regarding potential designations. C. Additional information.. Additional architectural elevations and details may be requested in order to provide clarification in review of the proposed revisions. D. General. The standards and procedures established by this chapter shall apply in all respects to a historic building, except that as a means to preserve original architectural elements and facilitate restoration, a historic building may, in addition, comply with the special provisions set forth in this section. . E. Unburned clay masonry or adobe. Existing or re-erected walls of adobe construction shall conform to the following: 1. Unreinforced adobe masonry walls shall not exceed a height or length to thickness ratio of five, for exterior bearing walls and must be provided with a reinforced bond beam at the top, interconnecting all walls. The bond beam shall have a minimum depth of six Page 433 of 496 inches. The bond beam may have a width equal to the width of the wall less eight inches, provided the resulting width is not less than eight inches. Minimum wall thickness shall be 18 eighteen inches for exterior bearing walls and ten inches for adobe partitions. 2. Foundation footings shall be reinforced concrete under newly reconstructed walls and shall be not less than 50 fifty—percent wider than the wall above, soil conditions permitting. 3. New or existing unstabilized brick and adobe brick masonry shall have an average compressive strength of 225 two hundred twenty five pounds per square inch when tested in accordance with ASTM designation C67. One sample out of five may have a compressive strength of not less than 188 one hundred eighty eight pounds per square inch. Unstabilized brick may be used where existing bricks are unstabilized and where the building is not susceptible to flooding conditions or direct exposure. Adobe may be allowed a maximum value of three pounds per square inch for shear with no increase for lateral forces. 4. Mortar may be of the same soil composition and stabilization as the brick in lieu of cement mortar. r 5. Nominal tension stresses due to seismic forces normal"to the wall may be neglected if the wall meets thicknesses requirements and shear values-llo le d by this subsection. • •6. Allowable stresses for archaic materials not speed in the'Uniform Building Code, 1988 Edition, shall be based on substantiating researchd'ata or engineering judgment subject to the building official's approval. 7. Alternative materials, design or methods of truction may be considered as set forth in Section 105 of the Uniform Building\Code, 1988 Edition. In addition, when a request for an alternative proposed design, Nmaterial or method of construction is being considered, the building official may file written request for opinion to the state historical building code advisory board-for its.consideration, advice or findings in accordance with the SHBC. F. Incentives. In order to-encourage he preservation of historic structures, the following incentive programs are to be‘explored`and information made available to property owners with buildings subject to the provisions of this chapter. This list does not preclude the use of alternatives not identified here. 1. The planning division shall develop an informational pamphlet, which shall be sent to property owners of buildings identified subject to the provisions of this chapter, which shall be mailed concurrently with the order specified in section 15.42.060A. The pamphlet*shall explain the basic provisions of SB 547 and this Chapter and shall outline the various options and incentives available to property owners, including financial assistance and design consultation. 2. The city shall provide funds which may be used toward design consultation for owners of historic structures. The city has funds which may be available for this use through the community development block grant (CDBG) program and through the historic preservation section of the planning division budget. Within six months from the effective date of the ordinance codified in this chapter, program guidelines shall be developed for use of these funds. 3. As a majority of the historic unreinforced masonry buildings are within the redevelopment project area, available funds may be used toward historic rehabilitation. 4. The city shall investigate the possibility for setting up a local loan program for seismic rehabilitation as referenced in the California Health and Safety Code §§ 55000 through • Page 434 of 496 55009. An analysis and determination of the feasibility for setting up the program shall be made within six months from the date of enaction of the ordinance codified in this chapter. If it is determined that a program is to be developed, then the criteria, guidelines and enabling legislation shall be developed within 270 two hundred ceventy days from the effective date of the ordinance codified in this chapter. 5. Upon request, the city shall provide information about the Mills Act to owners of historic buildings. The Mills Act allows property tax benefits in exchange for preservation of a • building. 6. The historic preservation commission may recommend to the city council waiving applicable building permit, plan check, design review, land use and landmark alteration fees for historic structures which are designated local landmarks, or for those structures determined to be significant through the landmark review process. In review of the request, the historic preservation commission shall give consideration to the architectural and historical merit of the proposed seismic retrofit and/or structural alteration. 7. Additional financing may be available through state and federal agencies and may include: a. Tax credits for rehabilitation which are available under the 1986 Tax Act. To be eligible for the higher 20 twenty percent historic building tax credits, the • construction documents must be approved'by the state historic preservation office and National Park Service. b. Funding for seismic retrofit may a'Isobe available through the Small Business Administration (SBA), and may be usedlfortengineering, planning, permits and construction costs. Borrowers shallinclude1 businesses that meet the agency's size standard and eligibility req nirements>- (Code 1980, § 15.42.070; Ord. No. 417, § 4(part),190) Sec. 15.42.080. Analysis and design:) A. General. Every structure\witliin7the scope of this chapter shall be analyzed and constructed to resist minimum total lateral seismic forced assumed to act nonconcurrently in the direction of each of the main axes.of the structure in accordance with the following equation: y= ZIKCSW (Formula III-1) • The value of KCS need not exceed the values set forth in Table Number Ill-A (Exhibit A attached to the ordinance codified in this chapter and located at the end of this chapter) based on the seismic zone as determined by the building code. The value of Z shall be the value specified in Table Number Ill-B (Exhibit A). The I factor shall be as specified in Table Number Ill-C (Exhibit A). The value of W shall be as set forth in the Uniform Building Code, 1988 Edition. B. Lateral forces on elements of structures. Parts or portions of structures shall be analyzed and designed for lateral loads in accordance with subsection A of this section and Chapter 23, Uniform Building Code, 1988 Edition, but not less than the value from the following equation: Fp = ZICp SWp (Formula 1I1-2) For the provisions of this subsection, the product of IS need not exceed the values as set forth in Table Number III-I) (Exhibit A). The value of C„ need not exceed the values as set forth in Table Number III-M (Exhibit G). The value of Wp shall be as set forth in the Uniform Building Code, 1988 Edition. Exception. Unreinforced masonry walls may be analyzed in accordance with section 15.42.090. Page 435 of 496 C. Anchorage and interconnection. Anchorage and interconnection of all parts, portions and elements of the structure shall be analyzed and designed for lateral forces in accordance with the Uniform Building Code, 1988 Edition and the equation: FP = ZIC, 2) as modified by Table Number III-D (Exhibit A). Minimum anchorage of masonry walls to each floor or roof shall resist a minimum force of 200 two hundred pounds per linear foot acting normal to the wall at the level of the floor or roof. D. Level of required repair. Alterations and repairs required to meet the provisions of this chapter shall comply with all other applicable requirements of the Uniform Building Code, 1988 Edition, unless specifically provided for in this chapter. E. Required analysis. Except as modified in this subsection, the analysis and design relating to the structural alteration of existing structures within the scope of this chapter shall be in accordance with the analysis specified in Chapter 23, Uniform Building Code, 1988 Edition. 1. Continuous stress path. A complete, continuous stress path from every part or portion of the structure to the ground shall be provided for the required horizontal forces. 2. Positive connections. All parts, portions or elements of the structure shall be interconnected by positive means. F. Analysis procedure. Stresses in materials and existing construction utilized to transfer seismic forces from the ground to parts or portions of the structure shall conform to those permitted by the Uniform Building Code, 1988—Edition, and those materials and types of construction specified in section 15.42.090. Materials and connectors used for interconnection of parts and portions of the structure shall conform'to,the Uniform Building Code, 1988 Edition. Except as modified in this chapter, unreinforced may walls shall be analyzed as specified in Sections 2416, 2418 and 2419 of the Uniform Building Code, 1988 Edition, to withstand all vertical loads as specified in Chapter 23, Uniform Building Code, 1988 Edition, in addition to the seismic forces required by this chapter. No allowable tension stress will-lie permitted in unreinforced masonry walls. Walls not capable of resisting the required design`forces specified in this chapter shall be strengthened or shall be removed or replaced. Exceptions. 1. Unreinfdreed masonry walls may be analyzed in accordance with section 15.42.090. 2. Unreinforced masonry walls which carry no design loads other than its own weight may • ' be considered as veneer if they are adequately anchored to new supporting elements. 3. The 50 fifty—percent increase in the seismic force factor for shear walls as specified in Table Number 24-H of the Uniform Building Code, 1988 Edition, may be omitted in the computation of seismic loads to existing shear walls. G. Combination of vertical and seismic forces. All new materials introduced into the structure to meet the requirements of this section which are subjected to combined vertical and horizontal forces, shall comply with Section 104(b) of the Uniform Building Code, 1988 Edition, except as follows: • 1. Stresses in existing lateral force resisting elements due to a combination of dead loads, plus live loads, plus seismic loads may be increased 100 one hundred percent over allowable working stresses specified in the Uniform Building Code, 1988 Edition, however, shall not exceed those permitted by section 15.42.090; Page 436 of 496 2. Stresses in members due only to seismic and dead loads shall not exceed the values permitted by Section 2303(d) of the Uniform Building Code, 1988 Edition; 3. Calculated tensile fiber stress may be reduced by the full direct stress due to vertical dead loads. (Code 1980, § 15.42.080; Ord. No. 417, § 4(part), 1990) Sec. 15.42.090. Materials of construction. All materials permitted by the Uniform Building Code, 1988 Edition, including their appropriate allowable stresses and existing configurations of materials specified in this chapter may be utilized to meet the requirements of this chapter. A. Existing materials. In addition to the materials permitted by the Uniform Building Code, existing configurations of materials specified in this section may be utilized as outlined in this subsection. 1. Unreinforced masonry walls. a. Unreinforced masonry walls analyzed in accordance with this section may provide vertical support for roof and floor construction and resistance to lateral loads. The bonding of such walls shall be specified in Section 2312(b) of the Uniform Building Code, 1988 Edition; b. Tension stresses due to seismic forces normal to-the wall may be neglected if the wall does not exceed the height or length o-t gth to thickness ratio and the inplane shear stresses due to seismic load as s'set-forth in Table Number Ill-F (contained in Exhibit G). c. If the wall height-thickness-ratio,exceeds the specified limits, the wall may be supported by vertical lbrac ng\m hers designed in accordance with section 15.42.080. The deflection of such bracing member at design loads shall not exceed one-tenth ofthe walLthickness. 1 Exception. The wall_malbe supported by flexible vertical bracing members designed in- ca cordance with section 15.42.080B if the deflection at design loads is not less/than).one-quarter or more than one-third of the wall thickness. All vertical bracing members shall be attached to floor and roof construction for their design loads independently of required wall anchors. Horizontal spacing of vertical bracing members shall not exceed one-half the unsupported height or . ten feet. d.. The wall height may be measured vertically to bracing elements other.than a floor or roof. Spacing of the bracing elements and wall anchors shall not exceed six feet. Bracing elements shall be detailed to minimize the horizontal displacement of the wall by components of vertical displacement of the floor or roof. e. All unreinforced masonry walls utilized to carry vertical loads and seismic forces parallel and perpendicular to the wall plane shall be tested as specified in this subsection. i. All masonry quality shall equal or exceed the minimum standards established in this chapter or shall be removed and replaced by new materials. Alternate methods of testing may be approved by the building official. The quality of mortar in all masonry walls shall be determined by performing inplane shear tests or by testing eight-inch diameter cores. Page 437 of 496 Alternative methods of testing may be approved by the building official. Nothing shall prevent pointing with mortar of all the masonry wall joints • before the tests are first made. Prior to any pointing the mortar joints must be raked and cleaned to remove loose and deteriorated mortar. Mortar for pointing shall be Type S or N, except masonry cements shall not be used. All preparation and mortar pointing shall be done under the continuous inspection of a registered deputy building inspector. At the conclusion of the inspection, the inspector shall submit a written report to the licensed engineer or architect responsible for the seismic analysis of the building setting forth the result of the work inspected. Such report shall be submitted to the building official for approval as part of the structural analysis. All testing shall be performed in accordance with the requirements specified in this subsection by a testing agency approved by the building official. An accurate record of all such tests and their location in the building shall be submitted to the building official for approval as part of the structural analysis. ii. The minimum number of tests shall be two per wall or line of wall elements • resisting a common force, or one per=1500 one thousand five hundred square feet of wall surface, with a minimum-of eight tests in any case. The exact test or core 16cation shall be determined at the building site by the licensed engineer or architect.responsiblejor the seismic analysis of the building, subject to approval.ofthe,building official. iii. The bed joints of the outer wy he of the masonry shall be tested in shear by laterally displacing a single brick relative to the adjacent bricks in that wythe. The opposiqte`he`ad joint;of the brick to be tested shall be removed and cleaned prior/(to testing. The minimum quality mortar in 80 eighty • percent of the shear tests shall not be less than the total of 30 thirty pounds per square ii-MM-plus the axial stress in the wall at the point of the test. The shear%stress shall be based on the gross area of both bed joints and shall-be that awhich movement of the brick is first observed. �� 11 iv. A minimum number of mortar test specimens equal to the number of required cores shall be prepared from the cores and tested as specified in this chapter The mortar joint of the outer wythe of the masonry core shall be tested in shear by placing the circular core section in a compression • testing machine with the mortar bed joint rotated 15 fifteen degrees from the axis of the applied load. The mortar joint tested in shear shall have an average ultimate stress of 20 twenty-pounds per square inch based on the gross area. The average shall be obtained from the total number of cores made. If test specimens cannot be made from cores taken then the shear value shall be reported as zero. 2. Existing material configurations, including wood shear walls utilized in the configurations may be used as part of the lateral load resisting system, provided that the stresses in these materials do not exceed the values shown in Table Number III-G (Exhibit C). B. Strengthening of existing materials. New materials, including wood shear walls, may be utilized to'strengthen portions of the existing seismic resisting system in the described configurations, provided that the stresses do not exceed the values shown in Table Number Ill-H (Exhibit ll). Page 438 of 496 C. Alternate materials. Alternate materials, designs and methods of construction may be approved by the building official in accordance with the provisions of Section 105, Uniform Building Code, 1988 Edition. D. Testing of shear bolts. One-fourth of all new shear bolts and dowels embedded in unreinforced masonry walls shall be tested by a registered deputy building inspector using a torque calibrated wrench to the following minimum torques: 1/2' diameter bolts or dowels, 40 forty-foot-pounds 5/8' diameter bolts or dowels, 50 fifty foot-pounds 3/4' diameter bolts or dowels, 60 cixty foot-pounds No bolts exceeding three-quarter inch shall be used. All nuts shall be installed over malleable iron or plate washers when bearing on wood and heavy cut washers when bearing on steel. E. Reserved. F. Reserved. G. Determination of allowable stresses for design methods based on test results. Allowable stresses for design methods based on test results shall be as follows: . ��1 1. Design seismic inplane shear stresses shall be substantiated by tests performed as specified in section 15.42.090. Design4tresses shall be related to test results obtained in accordance with Table Number I11-I (Exhibit E). Intermediate values li� between three and ten pounds per square‘mch may be interpolated. 2. Compression stresses for unreinforced masonry having a minimum design shear . �� value of three pounds per square.mch shall not exceed 100 one hundred pounds per square inch. 3. Design tension values f�re\nfor Jed masonry shall not be permitted. H. Anchor tests. 1. Five percent ofthe existing rod anchors utilized as all or part of the required wall anchors shall•b`tested in pullout by an approved testing laboratory. The minimum number tested shall be four per floor, with two tests at walls with joists parallel to the wall. The test apparatus shall be supported on the masonry wall at a minimum distance of the wall thickness from the anchor tested. The rod anchor shall be given a preload of 300 three hundred pounds prior to establishing a datum for recording elongation. The tension test load reported shall be recorded at one-eighth inch • relative movement of the anchor and the adjacent masonry surface. Results of all tests shall be reported. The report shall include the test results as related to the wall thickness and joint orientation. The allowable resistance value of the existing anchors shall be 40 £arty-percent of the average of those tested anchors having the same wall thickness and joist orientation. 2. Qualification tests for devices used for wall anchorage shall be tested with the entire tension load carried on the enlarged head at the exterior face of the wall. Bond on the part of the device between the enlarged head and the interior wall face shall be eliminated for the qualification tests. The resistance value assigned the device shall be 20 twenty-percent of the average of the ultimate loads. (Code 1980, § 15.42.090; Ord. No. 417, § 4(part), 1990) Page 439 of 496 Sec. 15.42.100. Information required on plans. A. General. In addition to the seismic analysis required elsewhere in this chapter, the licensed engineer or architect responsible for the seismic analysis of the building shall determine and include the information required by this section on the approved plans as follows. 1. All unreinforced masonry walls shall be anchored at the roof level by tension bolts through the wall as specified in Table Number III-H (Exhibit D), or by approved equivalent at a maximum anchor spacing of six feet. All unreinforced masonry walls shall be anchored at all floors with tension bolts through the wall or by existing rod anchors at a maximum anchor spacing of six feet. All existing rod anchors shall be secured to the joists to develop the required forces. The building official may require testing to verify the adequacy of the embedded ends of existing rod anchors. Tests when required shall conform to section 15.42.090H. When access to the exterior face of the masonry wall is prevented by proximity of an existing building, wall anchors conforming to items five and six in Table Number Ill-H (Exhibit D) may be used. Alternative devices to be used in lieu of tension bolts for masonry wall anchorage shall he tested as specified in section 15.42.0901; 2. Diaphragm chord stresses of horizontal diaphragm's shall be developed in existing materials or by addition of new materials; n 3. Where trusses and beams other than rafters or1joists are supported on masonry, ledgers or columns shall be installed to support vertic I`loads; 4. Parapets and exterior wall appendages notcapable of resisting the forces specified in this chapter shall be removed, stabilized or braced to ensure that the parapets and appendages remain in their original position; 5. All deteriorated mortar joints in u�e nfo c�ed masonry walls shall be pointed with Type S or N mortar (masonry cements shall nogbe used). Prior to any pointing, the wall surface must be raked and cleaned-to.remove loose and deteriorated mortar. All preparation and pointing shall be done undelthe continuous inspection of a registered deputy building �\ f`--_+ inspector certified to inspect masonry or concrete. At. the conclusion of the project, the inspector shall submit a written-report to the building official setting forth the portion of work inspected; Y G. Repair details shall be provided for any cracked or damaged unreinforced masonry wall required to resist forces specified in this chapter; 7. The type and dimensions of existing walls and the size and spacing of existing floor and roof members; 8. The extent and type of existing wall anchorage to floors and roof; 9. Accurately dimensioned floor plans and masonry wall elevations showing dimensioned openings, piers, wall thickness and heights; 10. The location of cracks or damaged portions of unreinforced masonry walls requiring repairs; 11. The type of interior wall and ceiling surfaces and if reinstalling or anchoring of ceiling plaster is necessary; 12. The general condition of the mortar joints and if the joints need pointing. (Code 1980, § 15.42.100; Ord. No. 417, § 4(part), 1990) Page 440 of 496 Sec. 15.42.110. Tables. Table III-A HORIZONTAL FORCE FACTORS BASED ON OCCUPANT LOAD Occupant Load KCS Building with an 0.133 occupant load greater than 100 All Others 0.100 Table III-B Z FACTOR • Seismic Zone Factory - Zone 4 1 ��a Tabl 'III-C FACTOR �� 11 Occupancy) j/Factor NN All-buildings-(high, 1.0 ;medium and'low A/ r risk)) Y Table III-D • HORIZONTAL FORCE FACTORS "IS" FOR PARTS OR PORTIONS OF STRUCTURES Rating IS Classification High risk building 1.00 .75 medium and low risk buildings Table III-E REGULATED ELEMENTS Page 441 of 496 Building Element Seismic Zone 4 Walls: h/t Ratio x x x x x Tension bolts (bending) In-plane - shear Parapets Floors and Roofs: Diaphragm stress and diaphragm chords Table III-F ALLOWABLE VALUE OF HEIGHT-THICKNESS RATIO OF UNREINFORCED MASONRY WALLS WITH MINIMUM QUALITY MORTAR f - Buildings with A11-Other • Crosswalks as it'Build ni gs Defined by section Nvse 15.42.030 Walls of one story I6 Y y 13 buildings First tar wall of 16 — 15 multi-story building Walls in top story\/? 14 9 of multi-story �— buildings��� V All other walls, 16 13 Y 'Minimum quality mortar shall be determined by laboratory testing in accordance with section 15.42.090(e). �Table'III-G is not applicable to buildings of rating classification I. Walls of buildings within rating classification I shall be analyzed in accordance with section 15.42.080F. Table III-G VALUES FOR EXISTING MATERIALS New Materials or Allowable Values Configuration of Materials' 1. Horizontal diaphragms Page 442 of 496 a. Roofs with straight 100 lbs. /ft. for seismic sheathing and roofing shear. applied directly to the sheathing. b. Roofs with diagonal 400 lbs. /ft. for seismic sheathing and roofing shear. applied directly to the sheathing. c. Floors with straight 150 lbs. /ft. for seismic tongue and groove shear. sheathing. d. Floors with straight 300 lbs. /ft. for seismic sheathing and finished shear. wood flooring. e. Floors with diagonal 450 lbs. /ft. for seismic sheathing and finished shear. wood flooring. • f. Floors or roofs with Add 5011bs./ft. to the straight sheathing and allowable values for plaster applied to the items``1.at& c. joist or rafters.''- �,\ 2. Shear walls a. Wood stud walls`with 100 lbs. / ft. each side for lath and plastery ���seismic shear. 3. Plain cn oncrete/ f= 1500 psi unless footings otherwise shown by tests. 4. Douglas Fir Wood Allowable stress same as • #1 D.F.3 5. Reinforcing Steel ft = 18,000 lbs. / sq. ' maximum' 6. Structural Steel ft = 20,000 lbs. / sq. ' maximum3 'Material must be sound and in good condition. "The wood lath and plaster must be reattached to existing joists or rafters in a manner approved by the building official. 3Stresses given may be increased for combinations of loads as specified in section 15.42.080G.2. Table III-H ALLOWABLE VALUES OF NEW MATERIALS USED • Page 443 of 496 IN CONJUNCTION WITH EXISTING CONSTRUCTION New Materials or Configuration of Materials Allowable Values 1. Horizontal Diaphragms Plywood sheathing applied directly over Same as specified in Table 25-J of UBC, '88 existing straight sheathing with ends of Ed., for blocked diaphragms. plywood sheets bearing on joists or rafters and edges of plywood located on center of individual sheathing boards. 2. Shear Walls • a. Plywood sheathing applied directly over Same as values specified in UBC, '88 Ed., existing wood studs. No value shall be given to Table 25-K for shear walls. plywood applied over existing plaster or wood sheathing. lre4\ b. Dry wall or plaster applied directly over 75%rof the values specified in UBC, '88 Ed.: existing wood studs. Table#47-I\ \2 c. Dry wall or plaster applied to plywood it 331/3%,of the value specified in UBC, '88 sheathing over existing wood studs. f1 Ed, Table#47-I. 3. Shear Bolts f( 'N Shear bolts and dowels embedded-a mm. of 100% of the value for plain masonry specified into unreinforced masonry w lls Bolt centered in UBC, '88 Ed., Table#24-G. No values in a 2- 1/2' diameter hole ithdry-pack:o$ non- larger than those given for a' bolts shall be shrink grout around circumference o-bolt or used. dowel." 3 " J 4. Tension Bolts • Tension bolts and dowels extending entirely 1,200 lbs. per bolt or dowel. through unreinforced masonry walls secured w/bearing plates on far side of wall with at least 30 sq. ' of area of area.''-.3 5. Wall Anchors (section 15.42.100B.1). Bolts extending to the exterior face of the wall 600 lbs. per bolt. with a 2- 1/2' round plate under the head. Install as specified for shear bolts. Spaced not closer than 12' on centers.'2 3 • Page 444 of 4% 6. Bolts or dowels extending to the exterior face 1,200 lbs. per bolt or dowel. of the wall with a 2 1/2' round plate under the head and drill at an angle of 22 'A degrees to - the horizontal. Installed as specified for bolts.1•2.3 7. Infilled Walls Reinforced masonry infilled openings in Same as value specified for unreinforced existing unreinforced masonry walls with keys masonry walls. or dowels to match reinforcing. 8. Reinforced Masonry Masonry piers and walls reinforced per Sec. Same as values specified in Table#24-B, 2417, UBC, 88 Ed. UBC, 1988 Ed. 9. Reinforced.Concrete Concrete footings, walls and piers reinforced Same as values specified Chapter 26, UBC, as specified In Chapter 26, UBC, 1988 Ed., and 1988 Ed. designed for tributary loads. • 10. Existing Foundation Loads loads for structures exhibiting no Calculated existing foundation loads due to evidence of settlement. maximum dead load + live load may be increased 25% for dead load, and may be increased 50% for dead load + seismic load required by'this chapter. 'Bolts and dowels to be tested as specified in section 15.42.090(0. 'Bolts and dowels to be 1/2 inch minimum in diameter. • 3Drilling for bolts and dowels shall be done with an electric rotary drill. Impact tools shall not be , used for drilling holes or tightening anchor and shear bolt nuts. Table III-I ALLOWABLE SHEAR STRESS FOR TESTED UNREINFORCED MASONRY WALLS 80% of Test Average Test Seismic In-Plane Results in PSI Not Results of Cores in Shear Based on Less Than PSI Gross Area 30 plus axial stress 20 3 psi* 40 plus axial stress 27 4 psi* Page 445 of 496 50 plus axial stress 33 5 psi* 100 plus axial 67 or more 10 psi max* stress or more *Allowable shear stress may be increased by addition of ten percent 10% of the axial stress due to the weight of the wall directly above. Editor's note—Table III-J, Time Limits for Compliance, was deleted during 9/91 supplement per Ordinance 417-A. Table III-K SERVICE PRIORITIES AND EXTENDED TIME PROVISIONS Rating Occupant Load Minimum Time Extension of Time Classification Periods for Service After Wall Anchors of Order are Installed High risk building 100 or more 270 days r 180 days Medium risk More than 20 but 270 days 180 days building less than 100 A Z, Low risk building Less than 20 270 daa 1 year ■�\ y y *Measured from the effective date of this article.�\� Table III-L HORIZONTAL FORCE FA S:BASED ON RATING CLASSIFICATION Bating IKCS Classification High'r sk building 0.133 Medium/low risk 0.100 building Table III-M HORIZONTAL FORCE FACTOR "Cp" FOR PARTS OR PORTIONS OF BUILDINGS OR OTHER STRUCTURES' Part of Portion of Direction of Force Value of Ce Building • Page 446 of 496 Exterior bearing Normal to flat 0.20 and non-bearing surface • walls, interior bearing walls and partitions, interior non-bearing walls and partitions over 10 inches in height, masonry fences over 6 inches in height. Cantilever parapet Normal to flat . 1.00 and other surface cantilever walls, except retaining walls. Exterior and Any direction .1:00.,7111 interior ornamentations �\ tj and appendages. �\ \1 When connected to Any direction 0.24221 or part of a building; towers,)C tanks, towers and\ y tanks + cont nts \_ i racks over 8' 3 .in height + contents, chimneys, y smokestacks, and • penthouses. • When connected to Any horizontal 0.203 or part of a direction building: Rigid and rigidly mounted equipment and machinery not required for continued operation of essential occupancies. Page 447 of 496 Tanks + effective Any direction 0.12 contents resting on ground. Floors and roofs In the plane of the 0.12" acting as diaphragm _diaphragms. Prefabricated Any horizontal 0.30 structural direction elements, other than walls, with force applied at center of gravity of • assembly. i Connections for Any direction p,2:0 • exterior panels or elements. 'See Section 15.42.080B for use of CP When located in the upper portion of any building with a ratio of 5 to 1 or greater the value shall be increased by 50 percents. � 'For flexible and flexibly mounted equipment and machinery, the appropriate values for CP shall be determined with consideration4iven to both the dynamic properties of the equipment and machinery, and to the building or strcture:ir which it is placed. 'The W for storage racks shall be tuhe weight of the racks plus contents. The value of CP for racks over two storage support levels height shall be 0.16 for the levels below the top two levels. "The design of the equipment and machinery and their anchorage is an integral part of the design and specification of such equipment and machinery. The structure to which the equipment or machinery is mounted shall be capable of resisting the anchorage forces (see also Section 2313(k), UBC, 1988 Edition). "Floor and roofs acting as diaphragms shall be designed for a minimum force resulting for a CP of .12 applied to W unless a greater force results from the distribution of lateral forces in accordance with Section 2312(e), USC, 1988 Edition. (Code 1980, ch. 15.42, tables III-A—III-I, III-K—III-M; Ord. No. 417, § 4(part), 1990; Ord. No. 417-A, 1991) CHAPTER 15.44. PENALTIES AND REMEDIES* * Prior ordinance history: Ord. 112 § 12. Sec. 15.44.010. Penalty for violations of title. It shall be unlawful for any person, firm, partnership or corporation to violate any provision or to fail to comply with any of the requirements of this title or the codes adopted. Any person, firm, partnership or corporation violating any provision of this title or the codes adopted or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction • Page 448 of 496 thereof shall be punished by a fine not exceeding $1,000.00 one thousand dollars or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person, firm, partnership or corporation shall be deemed guilty of separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this title or the codes adopted is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this title. (Code 1980, § 15.44.010; Ord. No. 497, § 13(part), 1992) Sec. 15.44.020. Civil remedies available. The violation of any of the provisions of this title or the codes adopted 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. (Code 1980, § 15.44.020; Ord. No. 497, § 13(part) , 1992) Sec. 15.14.030. Severability. The city council declares that should any provision, section, paragraph, sentence or word of this title or the codes 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'title and the coded adopted shall remain in full force and effect. • • • • 1 i`� • Page 449 of 496 Title 16 SUBDIVISIONS* *Editor's note—Title 16 is not included in the proofs as it is not being substantively amended in this recodification. It will be included in the new Code as it is in the present Code with minor editorial corrections. • • • • . Page 450 of 496 Title 17 DEVELOPMENT CODE* *Editor's note—Title 16 is not included in the proofs as it is not being substantively amended in this recodification. It will be included in the new Code as it is in the present Code with minor editorial corrections. • i l Page 451 of 496 Title 18 • RESERVED 1/49 k 441; Page 452 of 496 Title 19 ENVIRONMENTAL PROTECTION* *State law reference—Pest control, Food and Agricultural Code § 11501.1; environment protection, Government Code § 68055 et seq.; hazardous waste, Health and Safety Code § 25100 et seq.; resource conservation and protection, Public Resources Code § 9001 et seq.; stream flow protection, Public Resources Code § 10000 et seq.; environmental quality, Public Resources Code § 21000 et seq.; energy conservation and development, Public Resources Code § 25000 et seq.; flood prevention and protection, Water Code § 8000 et seq. CHAPTER 19.04. GRADING STANDARDS Sec. 19.04.010. Short title. This chapter shall be known and referred to as the "Grading Review Procedure" of the city. (Code 1980, § 19.04.010; Ord. No. 118, § 1, 1980) Sec. 19.04.020. Scope. This chapter establishes regulations for submittal and review of conceptual grading plans in connection with proposed development, establishes a grading-committee for review of grading plans, and provides for establishment of standards and gufiidddeelines,to be utilized by the grading committee and other city agencies in review of such plans. Y (Code 1980, § 19.04.020; Ord. No. 118, § 2, 1980) Sec. 19.04.030. Purpose. The purposes of this chapter are as £"lows:\: A. To minimize the effects of grading by discouraging mass grading and excessive slopes to ensure that the natural character ofterrain is retained. B. To preserve significant pographic•features, including rock outcroppings, native plant materials and natural- hydrology while also encouraging improved drainage from lots directly to a street;storm drain or through public or privately maintained easement. C. To limit the impact of slopes on adjacent developed properties and limit construction on identified seismic or geologic hazard areas. D. To encourage the use of a variety of housing styles, split-level grading techniques, varied lot sizes, site design densities, maintenance of view and arrangement and spacing to accomplish grading policies. (Code 1980, § 19.04.030; Ord. No. 118, § 3, 1980) Sec. 19.04.040. Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings set out below: 4—Conceptual grading plan means grading plans conforming to the provisions of section 19.04.060'6 of this ordinance. &—Final grading plan means a plan showing all detailed drainage information, grade elevations, building locations and floor elevations. G-Prelinainary grading plan means a plan showing building pad elevations, typical drainage methods to be utilized, and similar generalized information, usually excluding finish floor elevations, building locations, and specific drainage details. • Page 453 of 496 (Code 1980, § 19.04.040; Ord. No. 118, § 4, 1980) Sec. 19.04.050. Establishment of grading committee. The grading committee shall: A. Review all grading plans submitted under section 19.04.060; B. Compile standards and guidelines relating to grading practices, including, but not limited to, topography, drainage structures, slopes, irrigation, planting, building pad differential heights, accessibility and such other features or functions necessary to accomplish the purposes of this chapter. Such standards and guidelines shall be reviewed by the planning commission and approved by the city council. When approved, the standards and guidelines shall be utilized in review of all grading plans submitted to city agencies for checking; and C. Act as an initial reviewing body in the event that practical difficulty or undue hardship is created as a result of application of the standards or guidelines, or in the event difference of opinion arises as to their application. The findings of the grading committee are final unless modified by the planning commission at a regularly scheduled site plan review hearing or through appeal, as set forth in section 19.04:090, when plans are not subject to review by the planning commission. (Code 1980, § 19.04.050; Ord. No. 118, § 5, 1980) Sec. 19.04.060. Grading review procedures. At the time of submittal of a tentative tract map\ tentative parcel map, or site plan for development review, the applicant shall also submit following the lowing information: A. A natural features map which shall:identify allYslope banks, ridgelines, natural drainage courses, rock outcroppings, existing vegetation worthy of consideration for preservation. Also depicted shall be landslides and'other existing geologic hazards. Each feature depicted shall be noted for its visualsigdificance, environmental function or both. B. A conceptual grading plan, including information necessary to determine the proposed grading concepts, elevation ofpads and natural features to be preserved. The following specific informationshall'be depicted: 1. Areas to be left natural; 2. Areas of proposed cut and fill in contrasting colors, with areas where cut and fill exceed depths established in the hillside development guidelines clearly shown; 3. Contours shall be shown for existing natural land conditions and proposed work. The proposed final grades shall indicate clearly all cuts, fills, and slopes. Contours shall be shown according to the following schedule: Natural Slope Maximum Interval, Feet • 2% or less 2 Over 2% and up to 5 9% Over 9% 10 4. A conceptual drainage and flood control facilities describing planned drainage improvements; Page 454 of 496 5. Conceptual landscape treatment plan depicting proposed erosion control measures; 6. General vicinity of the proposed site; 7. Property limits and accurate contours of existing ground and detail of terrain and area drainage; 8. Limiting dimensions, elevations, or finished contours to be achieved by the grading, and proposed drainage channels, retaining walls, and related construction shown by contour map, cross-sections, or other means; 9. Location of any existing buildings or structures on the property where the work is to be performed and the approximate location and size of any building pads proposed on the land. Adjacent parcels within 50 fifty—feet of the property or which may be affected by the proposed grading shall also be shown. C. A geological and soils report, prepared by an approved soils engineering firm and in sufficient detail to substantiate and support the design concepts presented in the preparation as submitted. D. A topographic model, as determined necessary by the director of community development • for clarification of the proposed grading plan. The scale must be sufficient to delineate details. The submitted information shall be reviewed by-the grading committee during pertinent review process. The grading committee shall not approve a conceptual grading plan unless it is found to conform to the policies, standards, and guidelines, established by or pursuant to this chapter. The approved conceptual grading plan shall provide the basis for preliminary and/or final grading plan approval under other city regulations. (Code 1980, § 19.04.060; Ord. No. 118, § 6, 1980) Sec. 19.04.070. Exemptions. The community development director' mayw�aive any or all of the requirements of section 19.04.060 if he determines that an`y\ proposed waiver will have no significant effect upon topography, drainage and/or natural features. (Code 1980, § 1204.070; Ord. No.<148, § 7; Sec. 19.04.080. Map and siteplan approval contingent on grading plan approval. No tentative tract map, to kative parcel map, or site plan submitted for development review shall be approved until a conceptual grading plan has been approved or has been waived. (Code 1980, § 19.04.080; Ord. No. 118, § 8, 1980) Sec. 19.04.090. Appeal. Any interested person may, within 14 fourteen days after a decision by the grading committee, appeal the decision in writing to the planning commission pursuant to appeal procedures outlined in the zoning ordinance. (Code 1980, § 19.04.090; Ord. No. 118, § 9, 1980) CHAPTER 19.12. FLOODPLAIN MANAGEMENT REGULATIONS* *State law reference--Flood prevention and protection, Water Code § 8000 et.seq. Sec. 19.12.010. Authorization, findings, purpose and methods. A. Statutory authorization. The legislature of the state f-o� C li or-aia—has in Government Code §§ 65302, 65560 and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Page 455 of 496 Therefore, the city council of the city of Rancho Cucamonga does adopt the following floodplain management regulations. B. Findings of fact. 1. The flood hazard areas of the city are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. 2. These flood losses are caused by uses that are inadequately elevated, floodproofed or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards that increase flood heights and velocities also contribute to the flood loss. C. Statement of purpose. It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: 1. Protect human life and health; 2. Minimize expenditure of public money for costly flood.control projects; 3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. Minimize prolonged business interruptions; 5. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard; �� 6. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to `nimize future blighted areas caused by flood damage; �1 \tea 7. Ensure that potential buyers are notified that the property is in an area of special flood hazard; and 8. Ensure that those,Who the areas of special flood hazard assume responsibility for their actions. \ D. Methods of reducing flood losses. In order to accomplish its purposes, this chapter includes methods and provisions to: 1. Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or flood heights or velocities; 2. Require that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction; 3. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters; . 4. Control filling, grading, dredging, and other development which may increase flood damage; and 5. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. (Code 1980, § 19.12.010; Ord. No. 669, § 2(part), 2002; Ord. No. 757, §§ 1, 2(part), 2006; Ord: No. 866, § 2, 6- 18-2014) Page 456 of 496 Sec. 19.12.020. Definitions. Unless specifically defined in this section, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. One hundred 100-year flood. See Base flood. Accessory use means a use that is incidental and subordinate to the principal use of the parcel of land on which it is located. Alluvial fan means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high- velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration. Apex means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front. Appeal means a request for a review of the floodplain administrator's interpretation of any provision of this chapter. Area of shallow flooding means a designated AO or AH z no e on the flood insurance rate map (FIRM). The base flood depths range from one to three feet;- elearly defined channel does not exist; the path of flooding is unpredictable and indeterm ni ate; and velocity flow may be evident. • Such flooding is characterized by ponding or sheet flow3\� Y Area of special flood hazard. See Special flood'hazard\\area Area of special flood-related erosion hazard means the land within a community which is most likely to be subject to severe flood-related erosion lossesyThe area may be designated as zone E on the flood insurance rate map (FIRM). 1 1 Area of special mudslide (i.e., wudfl'ow) hazard means the area subject to severe mudslides (i.e., mudflows). The area is designated as zone-M on the flood insurance rate map (FIRM). Base flood means a flood which ha as one percent chance of being equaled or exceeded in any given year (also called the "100-year flood"). The term "base flood" is the term used throughout this chapter. Basement means any area of;the building having its floor subgrade, i.e., below ground level, on all sides. Breakaway walls means any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material, which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by floodwaters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than 20 twenty pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions: A.d Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and B.&The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood. Building. See Structure. Page 457 of 496 Coastal high-hazard area means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high- velocity wave action from storms or seismic sources. It is an area subject to high-velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a flood insurance rate map (FIRM) as zone V1-V30, VE, or V. Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. Encroachment means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads, is completed before the effective date of the floodplain management regulations adopted by a community. Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing�tthe-lots on which the manufactured homes are to be affixed,' including the installation of utilities,they construction of streets, and either final site grading or the pouring of concrete pads. Flood, flooding, or floodwater means: A.1 A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or-tidal`waters; the unusual and rapid accumulation or runoff of surface waters from 1any source and/or mudslides (i.e., mudflows). See "mudslides;" and +\ \y B. The condition resulting from flood-related erosion. See Flood-related erosion. Flood boundary and floodway ip_(FBFM) means the official map on which the Federal Emergency Management Age cy or Federal Insurance Administration has delineated both the areas of special flood hazards andhhe floodway. Flood hazard boundary r p/means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards. Flood insurance rate Wrap (FIRM) means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. Flood insurance study means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood insurance rate map, the flood boundary and floodway map, and the water surface elevation of the base flood. Flood-related erosion means the collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding. Page 458 of 496 Flood-related erosion area or flood-related erosion-prone area means a land area adjoining the shore of a lake or other body of water, which due to the composition of the shoreline or bank and high water levels or wind-driven currents, is likely to suffer flood-related erosion damage. Flood-related erosion area management means the operation of an overall program of corrective and preventive measures for reducing flood-related erosion damage, including but not limited to, emergency preparedness plans, flood-related erosion control works, and floodplain management regulations. Floodplain administrator means the individual appointed to administer and enforce the floodplain management regulations. Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans. Floodplain management regulations means this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This The term "floodplain management regulations" describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage. ~f y Floodplain or flood-prone area means any land area susceptible to being inundated by water from any source. See Flooding. \\l7'. Floodproofing means any combination of structural\and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real 1 and property, water and sanitary facilities, structurees,, an their contents. (Refer to FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93 /Or guidelines on dry and wet floodproofing.) Floodway means the channel of-riveror_other watercourse and the adjacent land areas that must be reserved in order to.dischargdLthe_base flood without cumulatively increasing the water • surface elevation more than one f\oot�Als xo eferred to as "regulatory floodway." Floodway 1) \� y fringe means that area of the floodplain on either side of the regulatory floodway where encroachment may be permitted. Fraud and victimization as related to section 19.12.060, variances, of this chapter, means that • the variance granted must not cause fraud on or victimization of the public. In examining this • requirement, the city : - - - _. . . will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for 50 fifty-to 100 one hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates. Functionally dependent use means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term "functionally dependent use" includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities. Page 459 of 496 Governing body means the local governing unit, i.e., county or municipality that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry. Hardship as related to section 19.12.060, variances, of this chapter means the exceptional hardship that would result from a failure to grant the requested variance. The city council requires that the variance be exceptional, unusual and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Historic structure means any structure that is: A.4- Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on'the National Register; B.2, Certified or preliminarily determined by the Secretary o he Interior as contributing to• the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; o \\, C.3, Individually listed on a state inventory f\historic places in states with historic preservation programs which have beerilapprove■d by the Secretary of Interior; or D.4 Individually listed on a local invent-dry of-historic places in communities with, historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs`-N--. ,•K )/ Levee means a manmade structure/usually an earthen embankment, designed and constructed in accordance with os und'engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding. t Levee system means a flood\protection system, which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated"in accord with sound engineering practices. Lowest floor means the lowest floor of the lowest enclosed area, including basement. (See Basement. definition) A.4- An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor, provided it conforms to applicable non-elevation design requirements, including, but not limited to: La, The wet floodproofing standard in section 19.12.050A.3.c of thic chapter; 2.13- The anchoring standards in section 19.12.050A.1 of this chapter; 3.e The construction materials and methods standards in section 19.12.050A.2; of-this chapter; and 4.4, The standards for utilities in section 19.12.050B of this chapter. Page 460 of 496 B.3, For residential structures, all subgrade-enclosed areas are prohibited as they are considered to be basements (see Basement as men). This prohibition includes below- grade garages and storage areas. Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a recreational vehicle. Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Market value shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation, which has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry. The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the floodplain administrator, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors1different from those contained in recognized building cost estimating guides may be considered only_if such factors are included in a . report prepared by an independent professional appraiser-"and-supported by a written explanation of the differences. Mean sea level means, for purposes of the NationaP'Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum; t>which base flood elevations shown on a community's flood insurance rate map are referenced. Mudslide (i.e., mudflow) means and/describe Via-condition where there is a river, flow or inundation of liquid mud down a hillside, usuallylas a result of a dual condition of loss of brush cover and the subsequent accumulation of water n the ground, preceded by a period of unusually heavy or sustained rain. 1L Mudslide (i.e., mudflow) prone area means an area with land surfaces and slopes of unconsolidated material where the history, geology, and climate indicate a potential for mudflow. New construction, for floodplain management purposes, means structures for which the start of construction commenced on or>fter the effective date of floodplain management regulations adopted by this community, and includes any subsequent improvements to such structures. New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads, is completed on or after the effective date of floodplain management regulations adopted by this community. Obstruction means and includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. Primary frontal dune means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. Page 461 of 496 The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively mild slope. Public safety and nuisance as related to section 19.12.060, variances, of thic chapter means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. Recreational vehicle means a vehicle which is: A.-, Built on a single chassis; B2- Four-h a dred 400 square feet or less when measured at the largest horizontal projection; C.2- Designed to be self-propelled or permanently towable by a tight-light-duty truck; and D.4 Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. Regulatory floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Remedy a violation means to bring the structure or other-development into compliance with state or local floodplain management regulations, or, if this is,not,possible, to reduce the impacts of its noncompliance. Ways that impacts may be reducecl include protecting the structure or other affected development from flood damages, implement ni g the enforcement provisions of the chapter or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development. Riveri.ne means relating to, formed by resembling a river (including tributaries), stream, brook, etc. �� Sand dunes mean naturally occurring accumulations of sand in ridges or mounds landward of the beach. Sheet flow area. See Area hallow flooding. Special flood hazard area ('SFHA) means an area in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as zone A, AO, Al- A30, AE, A99, AH, V1-V30, VE or V. Start of construction means and includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 one hundred eighty days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home. Page 462 of 496 Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 €rfty-percent of the market value of the structure before the damage occurred. Substantial improvement means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds 50 €rfty-percent of the market value of the structure before the start of construction of the improvement. The term "substantial improvement" includes structures that have incurred substantial damage, regardless of the actual repair work performed. The term "substantial improvement" does not, however, include either: A.4-Any project for improvement of a structure to correct existing violations or state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to ensure safe living conditions; or B.2., Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure. Vzone. See Coastal high-hazard area. Variance means a grant of relief from the requirements of this chapter that permits construction in a manner that would otherwise be prohibited by th chapter. Violation means the failure of a structure or other.development'to be fully compliant with this chapter. A structure or other development without`heelevation certificate, other certifications, or other evidence of compliance required in this chapter is.presumed to be in violation until such time as that documentation is provided. r Water surface elevation means the heiglit in,e1ation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. Watercourse means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which watery flowCatsleast periodically. The term "watercourse" includes specifically designated areas hich\s bstantial flood damage may occur. (Code 1980, § 19.12.020; Ord. No. 6G 9, § 2(part), 2002; Ord. No. 757, §§ 1, 2(part), 2006; Ord. No. 866, § 2, 6- 18-2014) \\\y- Sec. 19.12.030. General provisions. A. Lands to which this chapter applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city. B. Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the flood insurance study (FIS) for the city of Rancho Cucamonga dated March 5, 1984, and accompanying flood insurance rate maps (FIRMs) and flood boundary and floodway maps (FBFMs), dated January 17, 1997, and all subsequent amendments and/or revisions, are adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the city council by the floodplain administrator. The study, FIS, FIRMs and FBFMs are on file in the office of the city engineer located at 10500 Civic Center Drive, Rancho Cucamonga, CA 91729. C. Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the requirements, including violations of conditions and safeguards Page 463 of 496 established in connection with conditions, shall constitute a misdemeanor. Nothing in this chapter shall prevent the city council from taking such lawful action as is necessary to prevent or remedy any violation. D. Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. E. Interpretation. In the interpretation and application of this chapter, all provisions shall be: 1. Considered as minimum requirements; 2. Liberally construed in favor of the city council;governing body; and 3. Deemed neither to limit nor repeal any other powers granted under state statutes. F. Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that-land outside the areas of special flood hazards or uses permitted within such areas will be free from-flooding or flood damages. This t. chapter shall not create liability on the part of city council,\.any officer or employee thereof, the state of California, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from relic cn on this chapter or any administrative decision lawfully made under this chapter. \Y� G. Severability. This chapter and the various parts thereof are declared to be severable. Should any section of this chapter be declaredzby,tliee courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. (Code 1980, § Ord. No. 669,1 ��(p art), 2002; O rd. No. 757, §§ 1, 2(part), 2006; Ord. No. 866, § 2, G 18-2014) Sec. 19.12.040. Administration. A. Establishment of development permit. A development permit shall be obtained before any construction or other development7hegins within any area of special flood hazard established in section 19.12.030B of this chapter. Application for a development permit shall he made on forms furnished by the floodplain administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required: 1. Site plan, including, but not limited to: a. For all proposed structures, spot ground elevations at building corners and 20-foot or smaller intervals along the foundation footprint, or one-foot contour elevations throughout the building site; arm b. Proposed locations of water supply, sanitary sewer, and utilities; and c. If available, the base flood elevation from the flood insurance study and/or flood insurance rate map; and d. If applicable, the location of the regulatory floodway. 2. Foundation design detail, including, but not limited to: • Page 464 of 496 a. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; aad b. For a crawl-space foundation, location and total net area of foundation openings as required in section 19.12.050A.3.c of this chapter and FEMA Technical Bulletins 1- . 93 and 7-93; and c. For foundations placed on fill, the location and height of fill, and compaction requirements (compacted to 95 ninety five percent using the standard proctor test method); and 3. Proposed elevation in relation to mean sea level to which any nonresidential structure will he floodproofed, as required in section 19.12.050A.3.c of this chapter and FEMA Technical Bulletin TB 3-93; and 4. All appropriate certifications listed in subsection C.4 of this section; and 5. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. B. Designation of the floodplain. administrator. The city engineer is appointed to administer, implement, and enforce this chapter by granting or denying de, velopment permits in accordance with its provisions. C. Duties and responsibilities of the floodplain administrator. The duties and responsibilities of the floodplain administrator shall minclude`but n!t be limited to, the following: 1. Permit review. Review all development pe £s�t�determine that: a. Permit requirements of this chapter have been satisfied; b. All other required state and federal\permits have been obtained: 4 c. The site is reasonably safe from flooding; and d. The proposed development does-not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purpos es s of this chapter, "adversely affects' means that the cumulative effect of the>iiroposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more tha gone foot at any point. 2. Review, use and development of other base flood data. a. When base flood elevation data has not been provided in accordance with section 19.12.030B of this chapter, the floodplain administrator shall obtain, review, and 'reasonably utilize any base flood elevation and floodway data available from a federal or state agency or other source, in order to administer section 19.12.050. of thic chapter. Any such information shall be submitted to the city council for adoption; or b. If no base flood elevation date is available from a federal or state agency or other source, then a base flood elevation shall be obtained using one of two methods from the FEMA publication "Managing Floodplain Development in Approximate Zone A Areas—A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated July 1995, in order to administer section 19.12.050 of this chapter: i. Simplified method. Page 465 of 496 (A) 100-year or base flood discharge shall be obtained using the appropriate regression equation found in a U.S. geological survey publication, or the discharge-drainage area method; and (B) Base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or ii. Detailed method. (A) 100-year or base flood discharge shall be obtained using the U.S. Army Corps of Engineers' HEC-HMS computer program; and (B) Base flood elevation shall be obtained using the U.S. Army Corps or Engineer's HEC-RAS computer program. 3. Notification of other agencies. In alteration or relocation of a watercourse: a. Notify adjacent communities and the state Cali€er-nia-department of water resources prior to alteration or relocation; b. Submit new technical data to notify the Federal Insurance Administration, Federal Emergency Management Agency of changes in the base flood elevation within six months; and c. Ensure that the flood-carrying capacity within-the altered or relocated portion of such watercourse is maintained. \Ii 4. Documentation of floodplaitt development_Obtain,and maintain for public inspection and make available as needed the following: a. Certification required by sections 19.12.050A.3.a and 19.12.050D of this chapter (lowest floor elevations); /T �- b. Certification required by csection )19.12.050A.3.b of this chapter (elevation or floodproofing of nonresidential'structures); /'1\ �-> c. Certification required by�on 19.12.050A.3.c of this chapter (wet floodproofing standard); � d. Certification ofvation required by section 19.12.050C.2 of this chapter (subdivision standards); e. Certification required by section 19.12.050F.1 of this chapter (floodway • encroachments); • f. Reports required by section 19.12.050G.3 of this chapter (mudflow standards). 5. Map determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard. Where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in section 19.12.060 of this chapter. . 6. Remedial action. Take action to remedy violations of this chapter as specified in section 19.12.030C of this chapter. D. Appeals. The city council of the city of Rancho Cucamonga shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this chapter. (Code 1980, § 19.12.040; Ord. No. 669, § 2(part), 2002; Ord. No. 757, §§ 1, 2(part), 2006; Ord. No. 866, § 2, 6- 18-2014) Page 466 of 496 Sec. 19.12.050. Provisions for flood hazard reduction. A. Standards of construction. In all areas of special flood hazards, the following standards are required: 1. Anchoring. a. All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. b. MI manufactured homes shall meet the anchoring standards of subsection D of this section. 2. Construction materials and methods. All new construction and substantial improvement shall be constructed: • a. With flood-resistant materials as specified in FEMA Technical Bulletin TB 2-93 and utility equipment resistant to flood damage; b. Using methods and practices that minimize flood damage; c. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components-during conditions of flooding; and d. If within zones AH or AO, so that there a`re adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. 3. Elevation and lood roo in f l f g. (See sect on 19�L2.01'0 definitions for Basement, Lowest floor, New construction, Substantial damage and)Su.bstantial improvement.) a. Residential construction, new of substantal improvement, shall have the lowest floor, including basement: \ • \ (1)- In an AO zone, ele"vated'abovethe highest adjacent grade to a height exceeding the depth member specified in feet on the FIRM by at least two feet, or elevated at least four feet above the highest adjacent grade if no depth number is specified; \> (2)i4 In an A zone, the lowest floor elevated to at least two feet above the base flood elevation; such base flood elevation shall be determined by one of the methods in section 19.12.040C.2 of this chapter; (3)iii. In all other zones, elevated to at least two feet above the base flood elevation. Upon the completion of.the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator. b. Nonresidential construction, new or substantial improvement, shall either be elevated to conform with subsection A.3.a of this section or together with attendant utility and sanitary facilities: (1)i- Be floodproofed below the elevation recommended under subsection A.3.a of this section so that the structure is watertight with walls substantially impermeable to the passage of water; (2)i4-1-lave structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and Page 467 of 496 (3)iii- Be certified by a registered professional engineer or architect that the standards of this subsection A.3.b of this section are satisfied. Such certification shall be provided to the floodplain administrator. c. All new construction and substantial improvement with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement shall follow the guidelines in FEMA Technical Bulletins TB 1-93 and TB 7-93, and must exceed the following minimum criteria: (1)i- Have a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices, provided that they permit the automatic entry and exit of floodwater; or (2)iiBe certified by a registered professional engineer or architect. d: Manufactured homes shall also meet the standards in subsection D of this section. B. Standards for utilities. • 1. All new and replacement water supply and sani" tarysewage systems shall be designed to minimize or eliminate: a. Infiltration of floodwaters into the sysste s and b. Discharge from the systems into_fl`odwaters. 2. On-site waste disposal systems shall located to avoid impairment to them, or contamination from them, during flooding. C. Standards for subdivisions L "" 'INN 1. All preliminary subdivision proposals shall identify the special flood hazard area and the elevation of the basso d. \\/ 2. All subdivision plans will provide the elevation of proposed structure($ and padfs). If the site is filled above the base flood elevation, the lowest floor and pad elevations shall be certified by a registered professional engineer or surveyor and provided to the floodplain 'administrator. 3. All subdivision proposals shall be consistent with the need to minimize flood damage. 4. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. 5. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards. D. Standards for manufactured homes. 1. All manufactured homes that are placed or substantially improved, within zones A1-30, AH and AE on the community's flood insurance rate map on sites located: a. Outside of a manufactured home park or subdivision; b. In a new manufactured home park or subdivision; c. In an expansion to an existing manufactured home park or subdivision;or d. In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred substantial damage as the result of a flood, shall • Page 468 of 496 be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to at least two feet above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. 2. All manufactured homes that are placed or substantially improved on sites located within zones V1-30, V, and VE on the community's flood insurance rate map will meet the requirements of subsections D.1 and G of this section. 3. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1-30, AH, AE, V1-30, V, and VE on the community's flood insurance rate map that are not subject to the provisions of subsection paragraph 5.1 A will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the: a. Lowest floor of the manufactured home is at least two feet above the base flood elevation; b. Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 thirty six inches in height above grade. Upon the completion of the structure, the elevation of the lowes`floor, including basement, shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such ceffific tionyand verification shall be provided to the floodplain administrator. Y E. Standards for recreational uelaicles.=� L All recreation vehicles placed on sites within zones Al-30. AH, and AE on the community's flood insurance rate map will either: tit \tea a. Be on the site for fewer than 180 one hundred eighty consecutive days, and be fully licensed and ready or highwa-y'use. A recreational vehicle is ready for highway use if it is on its wheelsorNjacking system, is attached to the site only by quick disconnect type`utilities.And security devices and has no permanently attached additions; or \\ly b. Meet the permit requirements of section 19.12.040 of thio chapter and the elevation • and anchoring requirements for manufactured homes in subsection D.1 of this section. F. Floodways. Located within areas of special flood hazard established in section 19.12.030B of this chapter are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters, which carry debris, potential projectiles, and erosion potential, the following provisions apply: 1. Prohibit encroachments, including fill, new construction, substantial improvement, and other new development, unless certification by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in the base flood elevation during the occurrence of the base flood discharge; 2. If subsection F.1 of this section is satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this section. • G. Mudslide (i.e., mud(lour)prone areas. Page 469 of 496 1. The floodplain administrator shall review permits for proposed construction of other development to determine if it is proposed within a mudslide area. 2. Permits shall be reviewed to determine that the proposed site and improvement will be reasonably safe from mudslide hazards. Factors to be considered in making this determination include, but are not limited to: • a. The type and quality of soils; b. Evidence of groundwater or surface water problems; c. Depth and quality of any fill; d. Overall slope of the site; and e. Weight that any proposed development will impose on the slope. 3. Within areas that may have mudslide hazards, the floodplain administrator shall require that: a. A site investigation and further review be made by persons qualified in geology and soils engineering; b. The proposed grading, excavation, new construction, and substantial improvement are adequately designed and protected against mudslide damages; c. The proposed grading, excavations, new co�ructand substantial improvement not aggravate the existing hazard by creating either on-site or off-site disturbances; and d. Drainage, planting, watering, and maintenance ntenance not endanger slope stability. H. Flood-related erosion-prone areas 1. The floodplain administrator shall require permits for proposed construction and other development within all flood-related erosion-prone areas as known to the community. 2. Permit applications shall'be reviewed to determine whether the proposed site alterations and improvements will-be reasonably safe from flood-related erosion and will not cause flood-related erosion2hazards or-otherwise aggravate the existing hazard. 3. If a proposed improvement is found to be in the path of flood-related erosion or would increase the erosion hazaard, such improvement shall be relocated or adequate protective measures shall be taken to avoid aggravating the existing erosion hazard. 4. Within zone E on the flood insurance rate map, a setback is required for all new development from the ocean, lake, bay, riverfront or other body of water to create a safety buffer consisting of a natural vegetative'or contour strip. This buffer shall be designated according to the flood-related erosion hazard and erosion rate, in relation to the anticipated useful life of structures, and depending upon the geologic, hydrologic, topographic, and climatic characteristics of the land. The buffer may be used for suitable open space purposes, such as for agricultural, forestry, outdoor recreation and wildlife habitat areas, and for other activities using temporary and portable structures only. (Code 1980, § 19-12.050; Ord. No. 669, § 2(part), 2002; Ord. No. 757, §§ 1, 2(part), 2006; Ord. No. 866, § 2, 6- 18-2014) Sec. 19.12.060. Variance procedure. A. Nature of variances. 1. The variance criteria set forth in this section are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A Page 470 of 496 variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners. 2. It is the duty of the city council to help protect,its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance.can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate. B. Appeal board. I. In passing upon requests for variances, the city council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and the: a. Danger that materials may be swept onto-o" �ther lands to the injury of others; b. Danger of life and property due to flooding\rerosion damage; c. Susceptibility of the proposed facility y andits contents to flood damage and the effect of such damage on the existingrindividual wner and future owners of the property; d. Importance of the services provided.by the proposed facility to the community; e. Necessity to the facilit��awaterfront location, where applicable; f. Availability of alternative locations for the proposed use, which are not subject to flooding or erosion damage; f ) eg Com atibilit 'o the r p P,sd use with existin g and anticipated development; N`7 h. Relationship of the proposed use to the comprehensive plan and floodplain management program that area; i. Safety of access to the property in time of flood for ordinary and emergency vehicles; j. Expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and • • k. Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges. 2. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that: a. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 twenty five dollnrc for $100.00 i,•.na_ed d'etl ws of insurance coverage; and b. Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the floodplain Page 471 of 496 administrator in the office of the county of San Bernardino recorder and shall be • recorded in a manner so that it appears in the chain of title of the affected parcel of land. 3. The floodplain administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency. C. Conditions for variances. 1. Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of sections 19.12.040 and 19.12.050 of this ehlyte-have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases. 2. Variances may be issued for the repair or rehabilitation of historic structures (as defined in section 19.12.020 of thic chapter) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessarr preserve the historic character and design of the structure. 3. Variances shall not be issued within any map ped regulatory floodway if any increase in flood levels during the base flood dischargewould'result. 4. Variances shall only be issued upon a determination that the variance is the minimum necessary considering the flood hazardto afford relief. The term "minimum necessary" � � means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the city council need not grant permission for the applicant to build at grade, or even to whatever elevation the,\plicant proposes, but only to that elevation which the city council believes will both provide-relief and preserve the integrity of the local ordinance. 5. Variances shall onlye ssued upon a: a. Showing of good and sufficient cause; h. Determination that failure to grant the variance would result in exceptional hardship (as defined in section 19.12.020 of this chapter) to the applicant; and c. Determination that the granting of a variance will not result in increased flood • heights, additional threats to public safety, or extraordinary public expense, create a nuisance (as defined in section 19.12.020 of this chapter. See Public safety and-of nuisance), cause fraud or victimization, as defined in section 19.12.020, e this chapter, of the public, or conflict with existing local laws or ordinances. 6. Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use, provided that the provisions of subsections C.1 through 5 of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance. 7. Upon consideration of the factors of subsection A.3 of this section and the purposes of this chapter, the city council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. Page 472 of 4% (Code 1980, § 19.12.060; Ord. No. 669, § 2(part), 2002; Ord. No. 757, §§ 1, 2(part), 2006; Ord. No. 866, § 2, 6- 18-2014) CHAPTER 19.16. RESERVED* *Editors note—Ord. No. 823, § 5, adopted December 2, 2009, deleted chapter 19.16, in its entirety. Former chapter 19.16,pertained to xeriscape requirements. See Ordinance List and Disposition Table for derivation. CHAPTER 19.20. MUNICIPAL SEPARATE STORM SEWER SYSTEM (M54)* *State law reference—Local flood control, Water Code § 8000 et seq.; water quality control, Water Code § 13000 et seq.; stormwater, Water Code § 16100 et seq. ARTICLE I. AUTHORITY, PURPOSE, POLICY AND DEFINITIONS Sec. 19.20.010. Authority. This chapter is enacted pursuant to the direction set forth in the municipal NPDES permit issued by the California Regional Water Quality Control Board Santa Ana Region, pursuant to Section 402(p) of the Clean Water Act and the California Porter-Cologne Water Quality Control Act, Water Code § 13000 et seq. .(Code 1980, § 19.20.010; Ord. No. 740, § l(part), 2005) Jr C3 Sec. 19.20.020. Title, purpose and objectives. • This chapter shall be known as the "City of Ranch Oucamonga Storm Water and Urban Runoff Management and Discharge Control Ordinance'\The intent of this chapter is to protect and enhance the quality of watercourses, water bodies and wetlands within the city in a manner consistent with the federal Clean Water Act, the California Porter-Cologne Water Quality Control Act and the municipal NPDES permit. This.chapter also intended to confirm and consolidate the city's legal authority necessary to control'(dischacges to and from those portions of the municipal separate storm sewer system over which Sit has jurisdiction as required by the municipal NPDES permit, and thereby fully and timely-comply with'the terms of the municipal NPDES permit. This chapter is also intended to ensure the health, safety and general welfare of the residents of the city pr of Rancho Cucamonga by escribinreasonable regulations to effectively control the non- stormwater discharges contaimngpollut`ants into the city's municipal separate storm sewer system to the maximum extent practicable and to specifically achieve the following objectives: A. Control discharges from spills, dumping or disposal of materials other than stormwater; B. Reduce the discharge of pollutants in all stormwater discharges to the maximum extent practicable; C. Protect and, enhance the water quality of local, state and federal watercourses, water bodies, groundwater and wetlands in a manner pursuant to and consistent with the Clean Water Act and the Porter-Cologne Water Quality Act; D. Establish penalties for violations of the provisions of this chapter. (Code 1980, § 19.20.020; Ord. No. 740, § l(part), 2005) Sec. 19.20.030. Definitions. For the purposes of this chapter, the following terms will be defined as set forth below. Words used in this chapter in the singular may include the plural and the plural may include the singular. Use of masculine shall also mean feminine and neuter. Authorized enforcement officer means the city engineer or his or her designee. Basin plaan means the "Water Quality Control Plan for the Santa Ana River Basin" (1995) adopted by the regional board, or any successor plan. • Page 473 of 496 Best management practice or BMP means any best management practice, as defined in 40 CFR f-122.2, best management guideline, or best management requirement as adopted by any federal, state, regional or local agency to prevent or reduce the pollution of waters of the United States. The term "best management practices" includes activities, practices, facilities and/or procedures that, when implemented to the maximum extent practicable, will prevent or reduce pollutants in discharges, any program, technology, process, siting criteria, operational methods or measures, or engineered systems, which, when implemented, prevent, control, remove or reduce pollution. Examples of BMPs may include public education and outreach, proper planning of development projects, proper cleaning of catch basin inlets, and proper sludge or waste handling and disposal, among others. BMPs also include treatment requirements, operating procedures, and practices to control plan site runoff, spillage or leaks, sludge or waste storage and disposal, or drainage from raw material or chemical storage. City means the City of Rancho Cucamonga. City engineer means the city engineer for the City of Rancho Cucamonga, or the engineer's designee. Compliance schedule means the time period allowed by the city for a discharger to achieve compliance with the city's stormwater regulations and this ch per. The compliance schedule shall contain specific dates by which adequate treatment facilitie d • s, or other related equipment • and/or procedures must be installed or implemented. Construction activity means any activity used . : . s of developing, redeveloping, enhancing or maintaining land, including, bu -o.f. 'ited to: land disturbance, building construction, paving and resurfacing, storage ;:nd • .+•oz; of construction-related materials, including clearing, grading or excavation that ults i soil disturbance. Construction includes structure teardown. The term "construct.. . , " . .es not include routine maintenance to maintain original line and grade, hydra lic ca city or original purpose of facility; emergency construction activities required to im‘,Y diatel protect public health and safety; interior remodeling with no outside expo: : ,I o ` .,. : ruction material or construction waste of—to stormwater; mechanical permit wo :•_ •ermit work. Contamination, as defi. th 'o •r-Cologne Water Quality Control Act (Water Code § 13050(k)), means an impai ii = 1 t •f the $uality of waters of the state by waste to a degree which creates a hazard to the public h-_..:th through poisoning or through the spread of disease. The term "contamination" includes any equi -:lent effect resulting from the disposal of waste whether or not waters of the state are affected. . Control means the minimization, reduction, elimination or prohibition by technological, legal, . contractual or other means of the discharge of pollutants from an activity or activities. . CWA means the federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251 et seq. Developed parcel means any lot or parcel of land altered from its natural state by the construction, creation and addition of impervious area, except public streets or highways. Developer means a person, firm, corporation, partnership, association or other entity who j proposes to develop, develops or causes to be developed real property for himself or for others, except that employees and consultants of such persons or entities acting in such capacity are not considered developers. Dewatering means the removal and disposal of surface water or groundwater for purposes of preparing a site for construction. Discharge means any release, spill, leak, flow or escape of any liquid including sewage, wastewater or stormwater, semi-solid or solid substance onto the land or into the city's MS4. 1 Page 474 of 496 Discharger means any person, property owner or occupant of a unit, building, premises or lot in the city who discharges or causes to be discharged any liquid, including sewage, waste water, stormwater, non-stormwater or semi-solid or solid substances directly or indirectly into the city's MS4. Environmentally sensitive area (ESA) means a designated area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which would be easily disturbed or degraded by human activities and developments (Galifernia—Public Resources Code § 30107.5). Areas subject to stormwater mitigation requirements are areas designated as significant ecological areas by the county ; an area designated as a significant natural area by the state or department of fish and Lie wildlife's significant natural areas program, provided that area has been field verified by the state department of fish and Game-wildlife; an area listed in the basin plan as supporting the rare, threatened or endangered species (RARE) beneficial use; and an area identified by the city as environmentally sensitive. EPA means the U.S. Environmental Protection Agency. General construction permit means the current version of the general permit for stormwater discharges from construction activity issued by the state Ater resources control board that regulates stormwater discharges associated with constructio , ro' General industrial permit means the current vers-on of t e g eral permit for stormwater discharges from industrial activities issued by the twat resources control board that regulates stormwater discharges associated with st activities that are listed in 40 CFR on 122.26(b)(14). ' i,,. i Hearing officer means the city engineer,`_e his �.r her designee, who presides at the administrative hearings authorized by t•.- c": • issues final decisions on matters raised therein. Illegal discharge means any d';•,, :r: •.- -page into the city's MS4 that is not composed entirely of stormwater, except for,; a :• thorized discharges listed in section 19.20.100. The term "illegal discharge" includes the_.• ''-•'l posal of wastes into the MS4. Any discharge to the MS4 that is prohibited unde l + St: ;•.or federal statutes, ordinances, codes or regulations. The term "illicit discharge" includ-.. ,i non-.tormwater discharges except: A.O Discharges pursua a NPDES permit; B. (2) Discharges that were identified in the discharge limitations prohibitions of the municipal NPDES permit; and C. (3) Discharges authorized by the regional board. . Illicit connection means either of the following: AA-Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the MS4, including, but not limited to, any conveyance which allows non-stormwater discharges, including sewage, process wastewater and wash water to enter the MS4 and any connections to the MS4 from indoor drains and sinks, regardless of whether the drain or connection had been previously allowed, permitted or approved by a government agency; or B.41 Any drain or conveyance connected to the MS4 that is not permitted pursuant to a valid NPDES permit or which has not been documented in plans, maps or equivalent records approved by the city. Maximum extent practicable (MEP) means and refers to the maximum level of pollutant reductions or stormwater runoff reductions that can be achieved to reduce the discharge of Page 475 of 496 pollutants to the maximum extent practicable, as required by Section 402(p)(3)(B)(ii) of the Clean Water Act, through best management practices in treatment, infiltration or a combination of treatment, infiltration and best management practices. Municipal NPDES permit means the current national pollution discharge elimination system (NPDES) permit and waste discharge requirements • ' ! :_ . _ ._ . :! : : ! : - • . '.: -!! - 0012 for the county flood control district, the county County and the incorporated cities within the Santa Ana region. , fist-pew - . . . . _ . - . -, •- . . . .:, . . .. . . . •. .:, _. . . • : . . _--, - . . . . . .. . . . • . - , . _ . . , .. . . . . . . • .• . _ _. .. :, .. . •. .. . .:, . . . . . :, . _ ,. :, . :, . . . • - .1. • IS • .A . 122.2. Municipal separate storm sewer syst i or .4 .. . .. .. .. . . •• . . - . . . . :.: .- ov is a conveyance or syst .i c. .: :nces, including roads with drainage systems, municipal streets, catch basins, • tters, ditches, natural drainage features or channels, modified natural channels. m: d •annels or storm drains: A.44-) Owned or over: .v th city; B.424 Designated or use. U' collecting of conveying stormwater; r C.4 Which is not a combined sewer; and D.44-) Which is not part of a publicly owned treatment works (POTW), as defined at 40 CFR 122.2. New development means all public and private residential (whether single-family, multi-unit or planned unit development), industrial, commercial, retailer, and other nonresidential construction projects, or grading for future construction, for which either a discretionary land use approval, grading permit, building permit or nonresidential plumbing permit is required. NPDES means the national pollutant discharge elimination system established under the CWA to eliminate discharges of pollution into waters of the United States. NPDES permit means any waste discharge requirements issued by the EPA, the regional board or the state water resources control board in the form of an NPDES permit pursuant to Water Code § 13370 or the Clean Water Act (other than the municipal NPDES permit), including a general construction permit or a general industrial permit. Non-structural BMPs means any best management practices schedules or activities, prohibitions of practices, maintenance procedures, managerial practices or operational practices Page 476 of 496 that aim to prevent stormwater pollution by reducing the potential for contamination at the source of pollution. Notice of intent (NOl) means a form provided by the state water resources control board that is required to be completed and submitted in order to obtain coverage under one of the state's NPDES general stormwater permits prior to the start of certain activities or construction activities. Non-storm water means any water discharging to the city's municipal separate storm sewer system that does not originate from precipitation events. Nuisance means any condition described by all of the following: A.4, Is injurious to health, or is indecent or offensive to the senses or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property; B.2,Affects at the same time an entire community or neighborhood or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal; and C.3: Occurs during, or as a result of, the treatment or disposal of wastes. Permit means any permit issued by the city. Permittee means the county flood 4, 't 's`''ct; San Bernardino County; and each of the 16 sixteen-cities in the _ . . : - : . . I ty - i arging stormwater drainage into the Upper Santa Ana River Basin and regulated b e area-wide urban stormwater runoff permit. Person means any individual, partnership, 'mmit entity, association, corporation, public agency, and any other organization, entit rr of.i ersons, public or private; the masculine genders shall include the feminine, the singu s-all include the plural where indicated by context. Pollutant means any liquid, . 1'`a_.or i=solid substances or combination thereof, which causes a nuisance or contributes : on of contamination or pollution of the stormwater runoff, the MS4 or the impair o -gradation of waters of the state, including, but not limited to, the following: A.4- Floatable materials, s s floatable plastics or wood products, and metal shavings or materials forming films, am or scum; B.3: Household waste, such as trash, cleaners, toxic or hazardous chemicals, yard wastes, animal fecal materials, used oil, coolant, gasoline and other vehicle fluids; C.& Metals and non-metals, including compounds of metals and non-metals; D.4. Petroleum hydrocarbons, such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease; E.& Domestic sewage from sewer line overflows, septic tanks, port-a-potties, boats and recreational vehicles; F.& Animal wastes, such as wastes from confinement facilities, kennels, pens, stables and show facilities; G.7. Substances having a pH of less than 6.5 or greater than 8.5 or unusual coloration, turbidity or odor; H.&Materials causing an increase in biochemical oxygen demand, chemical oxygen demand or total organic carbon; I.9: Materials containing base/neutral or acid extractable organic compounds; Page 477 of 496 J.40, Waste materials and wastewater generated on construction sites from construction activities, such as painting and staining; use of sealants and glues; use of lime; use of wood preservatives and solvents; disturbance of asbestos fibers, paint flakes or stucco fragments; application of oils, lubricants, vehicle maintenance, construction equipment washing, concrete pouring and cleanup; use of concrete detergents; steam cleaning or sand blasting; use of chemical degreasing or diluting agents; and chlorinated water from potable line flushing); K.11 Those pollutants defined in Section 1362(6) of the federal Clean Water Act; and L.42 Any other constituent or material, including, but not limited to, pesticides, herbicides, fertilizers, eroded soils, sediment and particulate materials, in quantities that have been determined by the state or EPA to adversely affect the beneficial uses of waters of the state. Redevelopment means the creation or addition of impervious surfaces or the making of improvements to an existing structure on an already developed site; replacement of impervious surfaces that are not part of a routine maintenance activity; and land disturbing activities related with structural or impervious surfaces for which a discretionary land use permit or approval is required. Regional board or RWQCB means the California Regional-Water Quality Control Board-- Santa Ana Region. ti Sewage means the wastewater of the community from residential, agricultural, commercial or industrial sources, including domestic ewageeand industrial wastewater. SIC (standard industrial classification) means the statistical classification standard underlying all establishment-based federal economic statistics classified by industry. The standard is published in the SIC Manual (1987) Office of Management and Budget. Stormwater means that part of precipitation (rainfall or snow melt runoff) and associated surface runoff which travels via flow acrossa'surface to the municipal separate storm sewer system or receiving waters from imperious, semi-pervious or pervious surfaces. z— Storm.uuiter pollution prevention plan(541/PPP) means the plan as described in the general construction activity stormwatex permit, as issued by the state water resources control board on August 19, 1999, and as may be amended, or the general industrial activities stormwater permit, as issued on April 17, 1997, andk s may be amended, which specifies BMPs that will prevent pollutants from contacting stormwater and all products of erosion from moving off site into receiving waters. Storm—Water quality management plan. (SWQMP) means a plan required of new development/redevelopment projects specified in this chapter, outlining appropriate non-structural and structural BMPs, including stormwater infiltration and treatment devices, that will be implemented and installed to prevent pollutants from being discharged into the city's municipal separate storm sewer system, during and after construction. Urban runoff means surface water flow produced by non-stormwater resulting from residential, commercial and industrial activities involving the use of potable and non-potable water. Violation means a breach or violation of any provision of this chapter. Waters of the state means any surface water or groundwater, including saline waters, within the boundaries of the state. (Code 1980, § 19.20.030; Ord. No. 740, § 1(part), 2005) Page 478 of 496 ARTICLE II. GENERAL CONDITIONS AND PROHIBITIONS Sec. 19.20.040. Administration and applicability. Except as otherwise provided in this chapter, the city engineer shall administer, implement - and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the city engineer may be delegated by the city engineer to persons authorized by the city engineer. This chapter shall apply to all dischargers, including all residents, as well as commercial, industrial and construction enterprises, to the city's municipal separate storm sewer system, and to dischargers outside the city who, by agreement with the city, utilize the city's municipal separate storm sewer system. (Code 1980, § 19.20.040; Ord. No. 740, § 1(part), 2005) Sec. 19.20.050. Notice. Unless otherwise provided by this chapter, any notice required by this chapter shall be in writing and served in person, or by first class, registered or certified mail. Notice by mail shall be deemed to have been given at the time of deposit, postage or prepaid, in a facility regularly serviced by the United States Postal Service. (Code 1980, § 19.20.050; Ord. No. 740, § 1(part), 2005) Sec. 19.20.060. Connections. A. The discharge or diversion of stormwater or"`nonstormwater is permissible when the connection to the city's MS4 is made in accordance with a�alid city permit, approved construction plan, and, if applicable, an NPDES permit or a ■1Olsand the discharge is not prohibited under section 19.20.080. B. It is prohibited to establish, use, opeate\maintain and/or continue any illicit connections to the city's MS4. This prohibition is retroactive and applies to illicit connections made prior to the date of enactment of the ordinance codified in this chapter, regardless of whether the connection was made under a permit or other auuhorization or whether the connection was permissible under the faw or practices applicable or-$evailing at the time of the connection. C. Construction permits are required for the construction or modification of any storm drain or conveyor of drainage waters and appurtenant items within: 1. Dedicated easements, rights-cif-way, or public place and/or facility; 2. Private property so as it may directly or indirectly discharge into the city's municipal separate storm sewer system. Indirect discharges include, but are not limited to, under sidewalk drains, driveway approaches and unrestricted sheet flow. (Code 1980,1 19.20.060; Ord. No. 740, § l(part), 2005) Sec. 19.20.070. Protection of the municipal separate storm sewer system. No person shall construct, modify or cause to be constructed or modified any structure, facility or appurtenant items which may alter the normal functioning of the city's MS4, including any • actions which may alter the capacity, fall or structural integrity of a storm drain, channel or related structures without prior written approval of the city engineer. (Code 1980, § 19.20.070; Ord. No. 740, § 1(part), 2005) Sec. 19.20.080. Prohibited discharges. It is prohibited to: A. Discharge directly or indirectly to the city's MS4, or any street, line or unlined drainage channel which leads to the city's MS4, any non-stormwater or other solid, liquid or • Page 479 of 496 gaseous water, unless such discharge is authorized by either a separate NPDES permit or as otherwise specified in section 19.20.100. If such discharge is permitted by a NPDES permit, or is generally exempted, but causes a violation or potential violation any portion of the municipal NPDES permit for stormwater discharges, such discharge is also • prohibited. B. Discharge stormwater into the city's MS4 containing pollutants that have not been reduced to the maximum extent practicable. C. Throw, deposit, leave, maintain, keep or permit to be thrown, deposited, placed, left or maintained, any refuse, garbage, sediment or other discarded or abandoned objects, articles and accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place or upon any public or private lot of land in the city, so that the same may be and/or may become a pollutant. This prohibition shall not apply to refuse, rubbish or garbage deposited in containers, bags or other appropriate receptacles which are properly placed in designated locations for regular solid waste pick up and disposal. D. Throw or deposit any refuse, garbage or any other pollutants into any fountain, pond, lake, stream or any other body of water in a park or elsewhere within the city. E. Discharge any of the following types of waste into th&Vit�S4:I. Sewage; 2. Surface cleaning wash water resulting_from mopping, rinsing, pressure washing or steam cleaning of gas stations, and,�vehicle ser ice businesses or any other business; 3. Discharges resulting from the cleaning, repair or maintenance of any type of • • equipment, machinery or facility�includrng motor vehicles, concrete mixing equipment, portable toilet servicing, etc.; 4. Wash water from mobile auto.detailing and washing, steam and pressure cleaning, carpet cleaning, draper and furniture cleaning, etc.; 5. Wastewater from-cl\\\ ng municipal, industrial, commercial, residential areas, including parking lots, streets, sidewalks, driveways, patios, plazas, work yards and outdoor eating or-drinking areas, containing chemicals or detergents and without prior sweeping, etc 6. Stormwater runoff from material of waste storage areas containing chemicals, fuels, grease, oil or other hazardous materials or contaminated equipment; 7. Discharges from pool or fountain water containing chlorine, biocides, acids or other chemicals; pool filter backwash containing debris and chlorine; • S. Pet waste, yard waste, leaves, dirt, landscape or other debris, sediment, etc.; 9. Restaurant wastes, such as grease, mop water and wash water from cleaning dishes, utensils, laundry, floors, floor mats, trash bins, grease containers, food waste, etc.; 10. Chemicals or chemical waste; 11. Medical wastes; 12. Blow down or bleed water from cooling towers and boilers, regenerative brine waste from water softeners or reverse osmosis treatment systems; 13. Materials or chemical substances that cause damage to the city's municipal separate storm sewer system; • Page 480 of 496 14. - , •- : : . : : .• . . -- - : . .• trcce, f Fertilizer, soil amendments or mulch, and pesticides; 15. Concrete or cement waste, brick and tile work wastes, plaster and drywall tool cleanup water, waste paint or painting cleanup water, asphalt or asphalt cleanup solvents or slurry from saw cutting concrete or asphalt and other construction waste; 16. Domestic sewage, including wastewater from sinks, washing machines, dishwashers, toilets, campers, motor homes or trailers; 17. Chemicals, degreasers, bleach, steam cleaning or pressure washing wastewater; 18. Motor oil, antifreeze, gasoline, diesel, kerosene, solvents, battery acid, brake fluid, transmission fluid, power steering fluid, engine cleaning compounds, engine or parts cleaning wash water or rinse water and any other vehicular fluids; 19. Water softener brine waste, or any other wastewater from other household water treatment systems; 20. Wastewater from draining swimming pools, ponds or fountains which contain chlorine biocides, acids or other chemicals, pool filter backwash containing debris and chlorine; •_,. 21. Discharges from acid cleaning of swimmi 'fonds or fountains or filter cleaning from the same; 22. Septic waste; or 23. Any other material that causes co b to a condition of contamination, nuisance or pollution in the city's ic nicip: separate storm sewer system or causes a violation of any NPDES Y- s disposal regulations, waste discharge requirements, water quali sta, :ri s or objectives adopted by the state water resources control board, t regio al board, EPA, the county fire/hazmat departm- h tae-county flood control district or any other public agency i risdiction. (Code 1980, § 19.20.080; Ord. No, § '.:rt), 2005) Sec. 19.20.090. Exceptions e pr. ,ibited discharges. The following discharges o on-stormwater into the city's storm drainage system are generally exempt from the prohibited discharges listed in section 19.20.080; however, subsections A through V of this section have been identified as potential significant sources of pollutants and may require coverage under the current regional board's de minimus permit ! • ' ! ! ! ' ! as well as prior approval by the city's engineering department, 1412DES-environmental programs section, before discharge (see *note below): A. Discharges covered by NPDES permits or written clearances issued by the regional or state board; B. Landscape irrigation, lawn watering and irrigation water; C. Water from crawl space pumps; D. Air conditioning condensation; E. Non-commercial car washing; F. Rising groundwaters and natural springs; G. Groundwater infiltration as defined in 40 CFR 35.2005(20) and uncontaminated pumped groundwater; • Page 481 of 496 H. Water flows from riparian habitats and wetlands; T. Water flows generated from emergency response and/or firefighting activities; however, appropriate BMPs shall be implemented to the extent practicable. BMPs must be implements to reduce pollutants from non-emergency firefighting flow; J. Waters not otherwise containing wastes as defined in California Water Code § 13050(d); K. Other types of discharges identified and recommended by the city and approved by the regional water quality control board; L. *Potable water line testing or flushing and other discharges from potable water sources; M. *Water from fire hydrant testing and flushing using appropriate BMPs; N. *Water from passive foundation drains or passive footing drains; 0. *Dechlorinated swimming pool discharges; P. *Diverted stream flow; Q. *Wastes associated with well installation, development, test pumping and purging; R. *Aquifer testing wastes; S. *Discharges from hydrostatic testing of vessels, pipelines,-tanks, etc.; •T. *Discharges from the maintenance of potable water sib p y pipelines, tanks, reservoirs, etc.; U. *Discharges from the disinfection of potable--water supply pipelines, tanks, reservoirs, etc.; V. *Discharges from potable water supply.C\ from system failures, pressure releases, etc. The regional board may issue waste discharge requirements for discharges exempted from NPDES requirements, if identified to be aesignificantt source of pollutants. The executive officer of the board may also add categories of non)stormwater discharges that are not significant sources of pollutants or remove categories.—of non-stormwater discharges listed above based upon a finding ■ that the discharges are a'ssignificant�source of pollutants. In this case, the list of exempted discharges in this section woulldhbe adjusted accordingly. . (Code 1980, § 19.20.090; Ord. No. 740).§ L(part), 2005) *Note: The city of Rancho Cucamonga requires that a non-stormwater discharge notification form be submitted to the engineering department for approval of these discharges, five days prior to any planned discharges, or as soon as possible for any unplanned discharges. The notification form is available from the engineering department counter. Monitoring may also be required for these discharges. Sec. 19.20.100. Notification of intent and compliance with general permits. A. Each industrial discharger, discharger associated with construction activity, or other discharger, described in any general stormwater permit addressing such discharges, including, but not limited to, the general construction permit and the general industrial permit, as may be adopted by the EPA, the state water resources control board, or the RWQCB, shall provide a NOI, • comply with and undertake all other activities required by any such general NPDES stormwater permit applicable to such discharges. B. Each discharger identified in an individual NPDES permit or discharge order relating to stormwater discharges shall comply with and undertake all other activities required by such permit or order. Page 482 of 496 (Code 1980, § 19.20.100; Ord. No. 740, § 1(part), 2005) Sec. 19.20.110. Compliance with best management practices (BMPs). Any person undertaking any activity or operation in the city that could potentially cause or contribute to stormwater pollution or a discharge of non-stormwater to the city's MS4 shall comply with all applicable best management practices (BMPs) as listed in the California Storm Water Best Management Practices Handbooks or the current, the bounty stormwater program's "Report of Waste Discharge," to reduce pollutants in stormwater runoff and reduce non- stormwater discharges to the city's MS4 to the maximum extent practicable or to the extent required by law. (Code 1980, § 19.20.110; Ord. No. 740, § 1(part), 2005) Sec. 19.20.120. Spill containment. A. Persons storing chemicals or chemical waste outdoors shall be required to install spill containment subject to requirements established by the city engineer and in accordance with applicable federal, state, regional board and the San ardinno county standards. Persons storing any other materials or equipment that are potential sources of stormwater pollution are also required to install spill containment. B. No person shall operate a spill containment syst' em—that could allow incompatible materials and/or wastes to mix, thereby creating hazardous obi•t is substances in the event of failure of one or more containers. C. Spill containment systems shall consist of=a=system'of dikes, walls, barriers, berms and/or other devices a structural BMP's designed to contain the spillage of the liquid contents of the containers stored in them and to minimize the buildup oosto-mwater from precipitation, and run- on from roof drainage and outside areas.e1UthespiILcontainment system does not have a roof which covers the entire contained area, the spill containment system shall have the capacity to contain precipitation from at least a 24-hour, 25-year rainfall event plus ten percent of the total volume of the material stored there or the volume of the largest container, whichever is greater. Spill containment systems shall also,be-constructed of impermeable and nonreactive materials to the materials and/or wastes heal -contained. 1/ D. Spilled and/or leaked,maternals and/or wastes and any accumulated precipitation shall be removed from the spill containment,system in as timely a manner as is necessary to prevent the overflow of the spill containment system. E. Unless otherwise approved by the city engineer, all chemicals Or wastes discharged within the spill containment system shall be disposed of in accordance with all applicable federal, state and local rules, regulations and jaws, and shall not be discharged into the city's sanitary sewer system, municipal separate storm sewer system or onto the ground. (Code 1980, § 19.20.120; Ord. No. 740, § 1(part), 2005) Sec. 19.20.130. Immediate notification of accidental discharge. A. Protection of the city's municipal separate storm sewer system from the accidental discharge of prohibited materials or wastes is the responsibility of the person or persons in charge of such material. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the city for review, and shall be approved by the city engineer prior to any construction. All new and existing dischargers shall complete such a plan. Review and approval of such plans and operating procedures shall not relieve the discharger from the responsibility to modify his or her facility as necessary to meet the requirements of this chapter. B. A notice shall be permanently posted in a prominent place advising employees whom to contact in the event of an accidental discharge. Employers shall ensure that all employees are Page 483 of 496 advised of the emergency notification procedures. In the event of an accidental discharge, it is the responsibility of the discharger to immediately telephone and notify the property authorities. C. All accidental discharges of pollutants into the city's municipal separate storm sewer system, including a street or gutter, shall be immediately reported to the city's engineering department and fire department. All discharges that pose a threat to human health or the environment shall be reported to the executive officer of the state regional water quality control board within 24 twenty-few-hours by telephone or e-mail and followed with a written report of the spill event within five days. At minimum, all sewage spills over 1,000 ene-theueeful gallons and all reportable quantities of hazardous materials or hazardous waste shall be reported within 24 twenty c ur hours. (Code 1980, § 19.20.130;Ord. No. 740, § 1(part), 2005) Sec. 19.20.140.Written notification of accidental discharge. A. Within five working days following an accidental discharge of pollutants into the city's municipal separate storm sewer system, the person or persons responsible for the discharge of the material and/or waste which was accidentally discharged shall submit a written report to the city engineer. The report shall describe in detail the type and volume of the material and/or waste and the cause of the discharge. The report shall also describe in etall all corrective actions taken and measures to be taken to prevent future occurrences. B. Such notification of the accidental discharge s. it r the user of any fines or civil penalties incurred as a result of the event or any of e •ility, which may be imposed by this chapter or other applicable laws. (Code 1980, § 19.20.140;Ord. No. 740, § 1(part), 2005 Sec. 19.20.150. Responsibility for illeg: e f prohibited substances. The property owner(e) of a lot or p.0 el fro which an illegal discharge originates shall be ultimately responsible for all abate a: le up costs associated with the discharge, at his or her own expense, if the respo• .'• - •arty cannot be located. Likewise, if the tenant of a multifamily residential unit h di.:-�i a prohibited material or waste into the city's storm drainage system or has caus=..; : co e: ination of stormwater runoff from the property by his or her activities and the city e ,., -er cannot determine the responsible party or residential unit responsible, the owner of the pr• j y from which the discharge originated shall be responsible for the cleanup and abatement costs • mitigate the condition. Additionally, a property owner will be responsible for all cleanup costs and damages to the city's storm drainage system from a contractor's activities, if the contractor was hired by the owner and cannot be located. (Code 1980, § 19.20.150; Ord. No. 740, § 1(part), 2005) ARTICLE III. RESIDENTIAL, COMMERCIAL AND INDUSTRIAL REQUIREMENTS Sec. 19.20.160. Maintenance of private residential, commercial and industrial storm drainage systems. All private residential, commercial and industrial storm drainage inlets, underdrains and gutters shall be inspected at least annually and cleaned prior to the beginning of the rainy season if there is evidence of one or more of the following conditions: A. The sediment/debris storage volume is 25 twe�..ve-percent or more full. B. There is evidence of illegal discharge. C. Accumulated sediment or debris impairs the hydraulic function of the facility. Page 484 of 496 Private streets shall also be swept and maintained as needed to prevent sediment, gardening waste, trash, litter and other contaminants from entering the city's storm drainage system. (Code 1980, § 19.20.160; Ord. No. 740, § 1(part), 2005) . Sec. 19.20.170. Use of water. • To the maximum extent practicable, runoff of water used for irrigation purposes and from lawn watering shall be minimized to the maximum extent practicable. Runoff of water from the permitted washing down of paved areas shall be minimized to the maximum extent practicable. (Code 1980, § 19.20.170; Ord No. 740, § l(part), 2005) ARTICLE IV. INDUSTRIAL AND COMMERCIAL REQUIREMENTS Sec. 19.20.180. Non-stormwater discharges. All non-stormwater discharges associated with industrial and commercial activities that discharge into the city's municipal separate storm sewer system are prohibited, except as permitted by an individual user's NPDES permit, a NOI or section 19.20.090. (Code 1980, § 19.20.180; Ord. No. 740, § 1(part), 2005) Sec. 19.20.190. General permit for stormwater discharges from industrial activities. • A. All businesses who own or operate facilities desccibed1 4n ofFR 122.26{b)(14)(i)-4xi) are • required to obtain coverage under the state's general,industrial'permit at least 14 fourteen-days• prior to the commencement of activities that may involve discharges to the MS4. All listed businesses are required to submit a completed notice Nofyintent (NOI) form, site map and application fee to the state water resources control boar(\(SWRCB). Such businesses shall prepare ■ a stormwater pollution prevention plan (SWPIPP);\retainYa copy of the SWPPP on site and comply with all the requirements of the general industril p aermit. (Copies of the NOI form are available from the city's engineer.) ) B. The city requires that all bt sinesse&tha't have filed an NOI for coverage under the state's general industrial permit and have,received a waste discharge identification number (WDID) from the state water resources control'boarN(4 either mail, FAX or hand deliver a copy of the WDID letter from the state to the city engine has prof of filing. (Code 1980, § 19.20.190; Ord. No. 7400 § 1(part), 2005) Sec. 19.20.200. Conditional category; notice of non-applicability. A. To the extent permissible under state and federal law, businesses which own or operate facilities described in 40 CFR 122.26(h)(14)(xi) may prepare a notice of non-applicability in lieu of an• NOI if they are able to certify on the form provided by the state water resources control board that there is no manufacturing process, material, equipment or product storage outside in an area that is exposed to stormwater runoff. The notice of non-applicability must document all of the following: 1. All prohibited non-stormwater discharges have been eliminated or otherwise permitted; 2. All significant materials related to industrial activity (including waste materials) are not exposed to stormwater or authorized non-stormwater discharges; 3. All industrial activities and industrial equipment are not exposed to stormwater or authorized non-stormwater discharges; and 4. There is no exposure of stormwater to significant materials associated with industrial activity through other direct or indirect pathways such as from industrial activities that generate dust and particulates. Page 485 of 496 B. Businesses in this category are required to submit the notice of non-applicability to the local of-or the regional board and are required to maintain the above documentation on site at all times. They are also required to re-evaluate and re-certify once a year that the conditions above are continuously met. Copies of the notice of non-applicability form are available from the city engineer. (Code 1980, § 19.20.200; Ord. No. 740, § 1(part), 2005) Sec. 19.20.210. Best management practices (BMPs). A-AII businesses, regardless of permit status, shall implement all applicable BMPs, as listed in the California Storm Water Best Management Practice Handbooks or the current San Bernardino—county municipal stormwater management program, to reduce pollutants in stormwater runoff and reduce non-stormwater discharges to the MS4 to the maximum extent practicable. All structural controls and BMPs shall also be maintained to effectively prevent pollutants from contacting stormwater or remove pollutants from stormwater runoff to the maximum extent practicable. Maintenance records for structural BMPs and treatment devices, including waste hauling receipts, shall be kept for a period of five years and made available to the city's inspector upon request. A.4: If structural or treatment controls or BMPs are n'.. 1.•ctioning as designed or are not effective in reducing stormwater pollutants •r mwater discharges to the maximum extent practicable, the city will re r e that t 6 e control device or BMP be repaired, rebuilt or replaced. B.L Storage of materials, machinery and e o • •n *+ person shall place machinery or equipment that is to be repaired or io.aintai i• areas susceptible to or exposed to stormwater, in a manner that leaks s' and ,they maintenance-related pollutants are discharged to the municipal sep: :to "er system. C.&Food wastes. Food wastes gene ed by onresidential food service and food distribution sources shall be properly se' in a manner so such wastes are not discharged to the MS4. 40 D.47 Best management p .. m ' e;. %est management practices shall be used in areas exposed to stormwater fo e mo and lawful disposal of all fuels, chemicals, fuel and chemical wastes, a _: wastes, garbage, batteries or other materials which have potential adverse impac .n water quality. (Code 1980, § 19.20.210;Ord. No. 740, § 1(part), 2005) ARTICLE V. CONSTRUCTION REQUIREMENTS Sec. 19.20.220. Non-stormwater discharges. Discharges of non-stormwater from construction activities are prohibited except for those discharges listed in section 19.20.100 or any discharges authorized by the city engineer or the Regional Water Quality Control Board--Santa Ana Region (RWQCB). The city and the RWQCB will allow the discharge of certain non-stormwater discharges from construction sites, provided that they are in compliance with the discharge limitations specified in the current general waste discharge requirements for de minimus discharges ! •. . -_ !! . !! : : : - . : • . . - oucccoser-order)issued by the Regional Water Quality Control Board--Santa Ana Region. The following discharges are authorized, provided they are in compliance with the permit: A. Construction dewatering wastes; B. Wastes associated with well installation, development, test pumping and purging; C. Aquifer testing wastes; • Page 486 of 496 D. Dewatering wastes from subterranean seepage, except for discharges from utility company vaults; E. Discharges resulting from hydrostatic testing of vessels, pipelines, tanks, etc.; F. Discharges resulting from the maintenance of potable water supply pipelines, tanks, reservoirs, etc.; G. Discharges resulting from the disinfection of potable water supply pipelines, tanks, reservoirs, etc.; H. Discharges from potable water supply systems resulting from system failures, pressure releases, etc.; I. Discharges from fire hydrant testing or flushing. • (Code 1980, § 19.20.220; Ord. No. 740, § 1(part), 2005) Sec. 19.20.230. Best management practices. All construction projects which could potentially have an adverse impact on the city's municipal separate storm sewer system or waters of the state shall install and/or implement appropriate construction and post-construction best management practices (BMPs), as listed in their ctesmwater quality management plan (SWQMP) or�the "California Storm Water Best Management Practice Handbook," to•reduce pollutants td•the-maximum extent practicable or to the extent required by law. T 7 (Code 1980, § 19.20.230; Ord. No. 740, § 1(part), 2005)�� Sec. 19.20.240. General permit for stormwater discharges from construction activity. A. Any developer/owner engaging in construction activities which disturb five acres or more of land shall apply for coverage under the1gen al sto mi water permit for construction activity with the state water resources control board (SWRCB)) Any developer/owner engaging in construction activities which disturb less than five:acres.but are part of a larger common plan of development or sale that is greater than five acres must also apply for coverage under the general stormwater . �._. permit for construction activity wrth,the-state water resources control board (SWRCB). The owner of the land where the constructionyactivi y is occurring is responsible for obtaining coverage under the permit. Owners may obtain coverage under the general permit by completing a notice of intent form (NO1) and mailing the form along with a vicinity map and the appropriate fee to the office of the Gal °,, a-state water resources control board. The NW form and checklist of items to submit • to the state is available from the state water resources control board in Sacramento, California or from the city's engineering department, environmental section. In addition, the owner shall also prepare a stormwater pollution prevention plan (SWPPP) in accordance with state requirements. B. Prior to obtaining any city-issued grading and/or construction permits, the developer/owner shall provide evidence of compliance with the general construction permit by providing a copy of the waste discharger's identification number (WDID) to the city's engineering department. (Code 1980, § 19.20.240; Ord. No. 740, § 1(part), 2005) Sec. 19.20.250. Non-stormwater discharge reporting requirements. Authorized non-stormwater discharges under section 19.20.210 shall be reported to the city engineer at least five days prior to a planned discharge. Unplanned discharges of non-stormwater into the city's storm drainage system shall be reported as soon as possible and before any discharge is initiated. The city's engineering department, environmental section will provide a non-stormwater discharge notification form for any developer that is proposing to discharge any non-stormwater from a construction site. The non-stormwater discharge notification form must be Page 487 of 496 submitted to the engineering department, environmental programs section, for these discharges, at least five days prior to any planned discharge or as soon as possible for any unplanned discharge. Monitoring may also be required for these discharges. If the city-provided form is not utilized, a report shall be submitted prior to discharge, which includes the following information: A. Type of proposed discharge; B. Estimated average and maximum daily flow rate; C. Frequency and duration of discharge; D. A description of the proposed treatment system, if applicable; E. A description of the path from the point of discharge to the nearest storm drain inlet. All discharges shall be monitored daily for flow volume and shall be recorded in a daily log by the person responsible for the discharge. Discharges shall also be sampled during the first 30 thiPty minutes of each discharge and weekly thereafter for continuous discharges for chlorine and total suspended solids. Monitoring data for flow, chlorine and suspended solids and any other required constituents shall be reported to the city's engineering department, environmental programs section on a weekly basis. (Code 1980, § 19.20.250; Ord. No. 740, § 1(part), 2005) Sec. 19.20.260. Water quality management p1 - 1l' ). • Prior to the issuance of any grading o u. •ng 'ermit, all qualifying land development/redevelopment projects shall submi_ •d ve approved a oto --water quality management plan (SWQMP) to the city engineer •n a • • p ided by the city. The SWQMP shall identify all best management practices (BMPs) t .t will - incorporated into the project to control stormwater and non-stormwater pollutant .-d , , • •d •fter construction and shall be revised as necessary during the life of the project. he S•°.f ' submittal applies to construction projects covered by the NPDES general construct n per..,:t as well as construction projects less than five acres. Qualifying development/redeve lopm p._e ects include: A. - . . . . . . . . . . .• fi:.• a . •• • . . . . . . . . . • .. . . . . ,, • : :•' .•. -:, . ... . �;:: -, : : : " :• . : :, • •.; All significant redevelopment projects. For pure. 'TIT.,,'.: : . .section A. the term "redevelopment" means the addition or replacement of . :: : 5.0001 or more square feet of impervious surface on an already developed site s a ect to the discretionary approval of the permitting jurisdiction. . Redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of the facility. or emergency redevelopment activity required to protect public health and safety. Where 'redevelopment results in an increase of less than 50 fifty-percent(i0%)of the impervious surfaces of a previously existing developed site, and the existing development was not subject to water quality management plan (WQMP) requirements, the numeric sizing criteria discussed in Section 4 of the current version of the San Bernardino County Stormwater Program Technical Guidance Document for Water Quality Management Plans shall apply only to the addition or replacement, and not to the entire developed site. Where redevelopment results in an increase of 50 fifty percent (60.94)-or more of the impervious surfaces of a previously existing developed site, the numeric sizing criteria discussed in Section 4 of the current version of the San Bernardino County Stormwater Program Technical Guidance Document for Water Quality Management Plans shall apply to the entire developed site. B. : . _ • . - . .. . . • - . .. . . -- . . •. . . • - . . :, • - • -• •- - •- _:, - • -_ - Page 488 of 496 All new development projects that create ten tho••c^na (10.000) square feet or more of impervious surface (collectively over the entire development project site), including commercial, industrial, residential housing subdivisions (i.e., detached single-family home subdivisions, multifamily attached subdivisions or townhomes, condominiums, apartments, etc.), mixed-use, and public projects. New development projects include projects on public and private land that fall under the planning and building authority of the permitting jurisdiction. (.. . ., .. . • • . . - . . . . • • - - --- - . ! . ! , : : • , 7534, 7636 7530);New development or significant redevelopment of automotive repair shops (with SIC2 Codes 5013, 5014, 5541. 7532-7534. 7536-7539) where the project creates, adds and/or replaces five thoucona (5,000) square feet or more of impervious surface. • feet or more; New development or significant redevelopment of restaurants (with SIC2 Code 5812)where the land area of project is five-thousawd-(5.000)square feet or more. E. All hillside developments of • 5,000) square feet or more that en—ten th aa foot which, are located areas with known erosive soil conditions or where the natural slope is 26 nt (25%)or more;_ F. Developments of •• : .: : - .. . . . - . _ Alit square eet of impervious surface or more adjacent to (within : : . . . : - 77 ee or discharging directly into environmentally sensitive areas - • • : • - • .• - . . • .. - .. . . . . . •. . - -- sr water both- lis i' on the Clean Water Act, section 303(d) list of impaired waters;, G. Parking lots of man-45,0004 square eet or more exposed to stormwater. The term "parking lot" is defined as land area or facility for the temporary parking or storage of motor vehicles H. New development or •- . o cant re-development of retail gasoline outlets that are P P g either : .. : : _ - : 5 001 square feet or more, or have a projected average daily tra is 401. 0 o ore vehicles per day - •-• - - - •. - . • • •• . • developed—eke. . .;#. • . - - - - - •. . • .•- : . • . - • . - • -•- - . . _ - •. - : _ . - . . . •. - - - - - Non-priority/non-category projects may be required by the local jurisdiction to implement applicable site design LID and LIP requirements. (Code 1980, § 19.20.260; Ord. No. 740, § 1(part), 2005) ARTICLE VI. ADMINISTRATIVE ENFORCEMENT REMEDIES Sec. 19.20.270. Authority to inspect. A. The city engineer, or the city engineer's designated representative, shall be authorized, at any reasonable time, to enter the premises or developed parcel of any discharger to the city's municipal separate storm sewer system to determine compliance with the provisions of this chapter, and to: 1. Conduct inspection, monitoring and/or other authorized duties to enforce the provisions of this chapter; 2. Review any records, reports, test results or other information required to enforce the provisions of this chapter. Such review may include the necessity to photograph, videotape or copy any applicable information; and 1 Page 489 of 496 3. Inspect any chemicals, materials, wastes, storage areas, storage containers, and waste- generating processes, treatment facilities and discharge locations. Such inspection may include the necessity to photograph or videotape any applicable chemicals, materials, wastes, storage areas, storage containers and waste-generating processes, treatment facilities and discharges locations. B. The city engineer or his or her designated representative shall provide adequate identification when entering the premises of any discharger. If such entry is refused or cannot be obtained, the city engineer shall have recourse to every remedy provided by law to secure lawful entry and inspection of the premises. C. If the city engineer has reasonable cause to believe that non-stormwater discharge conditions on or emanating from the premises are of a nature so as to require immediate inspection to safeguard public health or safety, the city engineer shall have the right to immediately enter and inspect the property and may use any reasonable means required to effect such entry and make such inspection, regardless if the property is occupied or unoccupied and regardless if formal permission to inspect said property has been obtained. D. Where a discharger has instituted security measures requiring proper identification and clearance before entry onto the premises, the discharger sh: .sake all necessary arrangements with its security agents in order that, upon presentation of s ch i•.:'tification, the city engineer or his or her designated representativc(o) shall be permittfl4o • + r t premises without delay, for the purpose of performing their authorized duties. For �:,,ili:.•s w require special clearances to conduct inspections, it shall be the responsibilit of . S e discharger to obtain all necessary clearances on behalf of the city so that the inspec '.n i. w •t` BO paired. (Code 1980, § 19.20.270; Ord. No. 740, § 1(part), 2005 Sec. 19.20.280. Notice of correction (N lice of violation (NOV). A. Notice of correction (NOC). s eneve the city engineer or his or her designated representative finds that any person . t violate or has already violated any prohibition, limitation or requirement contai in is chapter, any NPDES permit or the basin plan, the city may serve upon such person a .,,,. it` _, n of correction stating the nature of the violation and the necessary actions that I a st 6i1 im emented to correct the situation. The NOC shall stipulate a time period by which the pro` to must be corrected and the penalties for noncompliance. B. Notice of violation NO 1. When the city engineer or his or her designated representative finds that any person has failed to comply with a notice of correction or has violated or continues to violate any prohibition, limitation or requirement contained in this chapter, any NPDES permit or the basin plan, the city may serve upon such person a written notice of'violation stating the nature of the violation and the penalties for noncompliance. At a minimum, the notice of violation shall require that the person to submit to the city engineer, within a time period specified in the notice, a plan indicating the cause of the violation and corrective actions which will be taken to prevent recurrence. 2. A discharger shall be guilty of a separate offense for every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by the discharger. 3. Pursuant to Government Code §§ 53069.4 and 36900(b), the following violation assessments will apply to the issuance of a notice of violation by the city engineer or his or her authorized representative: a. A first notice of violation shall be issued for a first violation of this chapter and shall be punishable by a fine not exceeding $100.00. Page 490 of 496 b. A second notice of violation shall be issued for a second violation of this chapter within one year and shall be punishable by a fine not exceeding $200.00. two hundred dollars. c. A third notice of violation shall be issued for a third violation of this chapter within one year and shall be punishable by a fine not exceeding $500.00. five hundred dollars. Each additional violation of this chapter within one year shall also be punishable by a fine of$500.00. five hundred dollars. (Code 1980, § 19.20.280; Ord. No. 740, § ](part), 2005) Sec. 19.20.290. Falsifying information. Any person who knowingly makes any false statement, representation, record, report, plan or other document filed with the city, or who falsifies, tampers with or knowingly renders inaccurate monitoring devices or methods requited under this chapter, shall have violated this chapter and shall be guilty of a misdemeanor. (Code 1980, § 19.20.290; Ord. No. 740, § ](part), 2005) Sec. 19.20.300. Administrative civil penalties. A. Pursuant to California Government Code IQ cep-54739 and 54740.5, the city engineer may issue an administrative complaint to anAperson who violates this chapter, any prohibition or limitation thereof or any compliance order, cease and)desist order, stop work order or injunction. The administrative complaint shall allege the or failure to act that constitutes the violation, the proposed civil penalty and the anti-foray under which it is imposed. B. The administrative complaint, served on the alleged violator by personal delivery or by certified mail, shall inform the person served that a hearing before the city engineer shall be conducted within GO cixty days of the sere ce of\the complaint. The right to a hearing may be waived by the person who has been issued the administrative complaint, in which case the city shall not conduct a hearing. A person-dissatisfilwith the decision of the city engineer may appeal to the city council of the city of Rancho Cucamonga within 30 thirty days of notice of the engineer's decision. C. If after the hearing,.\or appeal>if any, it is found that the person has violated reporting or discharge requirements, the city\engineer or city council may assess a civil penalty against that person. In determining the amo int of the civil penalty, the city engineer or city council may take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the economic benefit derived through any noncompliance, the nature and persistence of the violation, the length of time over which the violation occurs and corrective action, if any, attempted or taken by the discharger. , D. Civil penalties may be assessed, as follows: 1. In an amount which shall not exceed $3,000.00 .- ••• . ... . . . . _ for each day for failing or refusing to timely comply with any compliance order established by the city; 2. In an amount which shall not exceed $5,000.00 five thousand dollars for each day of discharge in violation of any discharge limitation, area-wide urban runoff permit condition, or requirement issued, reissued or adopted by the city; 3. In an amount which shall not exceed $10.00 ten dollars per gallon for discharges in violation of any stop work order, cease and desist order or other orders, or prohibition issued, reissued or adopted by the city; 4. The amount of any civil penalties imposed under this section which have remained delinquent for a period of 60 cixty days shall constitute a lien against the real property of Page 491 of 496 the discharger from which the discharge originated resulting in the imposition of the civil penalty. The lien provided in this chapter shall have no force and effect until recorded with the San Bernardino county recorder and when recorded shall have the force and effect and priority of a judgment lien and continue for ten years from the time of recording unless sooner released, and shall he renewable in •accordance with the provisions of Scctionc 683.110 to 683.220, incluoivc, of the California Code of Civil . Procedure §§ 683.110--683.220. All monies collected under this section may be deposited in a special account by the city and to be • made available for the monitoring, treatment and control of discharges into the city's storm drainage system or for other mitigation measures. E. Unless appealed, an order imposing administrative civil penalties shall become effective and final upon issuance thereof, and payment shall become due within 30 thirty days of issuance of an invoice by the city. Copies of these orders shall be served by personal service or by registered mail upon the party served with the administrative complaint and upon other persons who appeared at the hearing and requested a copy. F. The city may, at its option, elect to petition the superior court to confirm any order establishing civil penalties and enter judgment in conformity2therewith in accordance with the provisions of Sections 1285 to 1287.6, inclusive, of the California Code of Civil Procedure §§ 1285- 1287.6. " (Code 1980, § 19.20.300; Ord. No. 740, § 1(part), 2005) Sec. 19.20.310. Administrative hearing. ��� . A. Any person who receives a notice of correct" ion, notice of violation, administrative order or other notice specified in this chapter may equest/or the city engineer may order, an administrative hearing, which time a� g, ` person`who causes or allows, or who has caused or . allowed, an unauthorized discharge to enter into the city's municipal separate storm sewer system or who continues to allow a violation-of this-chapter to exist, may show cause why a proposed enforcement action should not b„t keen against him or her. The city manager, or the city manager's designees, shall preside over-the administrative hearing, at which time each party, including the discharger an\e city engineer or his or her designee, shall have the right to present evidence. B. A notice of hearing shall'be served on the discharger specifying the time and place of the hearing and referencing the specific violation and/or violations of this chapter, the reasons why the action is to be taken and the proposed enforcement action, directing the discharger to show cause before the hearing officer why the proposed enforcement action should not be taken. The notice of • hearing shall be served personally or by registered or certified mail, return receipt requested at least ten working days prior to the hearing. Service of the notice of hearing may be made on any agent or officer of the discharger. (Code 1980, §19.20.310; Ord. No. 740, § 1(part), 2005) Sec. 19.20.320. Administrative orders. The city engineer may require compliance with any prohibition, limitation or requirement contained in this chapter, any NPDES stormwater permit or the basin plan, by issuing an administrative order, enforceable in a court of law, or by directly seeking court action. Administrative orders may include compliance orders, termination of service orders and immediate termination of service orders. A. Compliance orders. The city engineer or his or her designee may issue a compliance order to any person who fails to correct a violation of this chapter, any NPDES stormwater permit or the basin plan. The order shall be in writing, specify the violation(s) and Page 492 of 496 require appropriate compliance measures within a specified time period. The compliance order may include the following terms and requirements: 1. Specific steps and time schedules for compliance as reasonably necessary to eliminate an existing prohibited discharge or illegal connection or to prevent the imminent threat of a prohibited discharge; 2. Specific requirements for containment, cleanup, removal, storage, installation of overhead covering or proper disposal of any pollutant having the potential to contact stormwater runoff; 3. Installation of stormwater treatment devices, containment structures, wash racks and addition and removal of stormwater drains; 4. Any other terms or requirements reasonably calculated to prevent imminent threat of or continuing violations of this chapter, including, but not limited to, requirements for compliance with best management practices guidance documents promulgated by any federal, state or regional agency; 5. The city engineer or his or her designee may adopt a proposed compliance schedule submitted by the user or may adopt a revised c. .pliance schedule if in his or her judgment, the proposed compliance schedule ' 'sub allow the user to cause harm to the receiving waters and/or the city's MS4; 6. A compliance order shall require the pe t •a 000.00 penalty fee to the city for the issuance .e B. Stop work order. The city engineer or .uilth oir'cial may serve a written stop work order on any person engaged in doing caus,a g to be done, new construction, tenant improvements, alterations or add' 1. No construction permit has een gr:• ted by the city; 2. Work has begun prior .e b .. al of a written oterm water quality management plan (8WQMP) and =4itko uent approval by the city engineer or his or her designee; or 3. Violations of apte are found at the site of the new construction, tenant improvements, a ations or additions. Any person served a stop work order shall stop such work forthwith until written authorization to continue is received from the city engineer or building official. A stop work . order shall require the discharger to pay a $1,000.00 penalty fee to the city for the issuance thereof. C. Cease and desist order. When the city engineer or his or her designee finds that any person or industrial and/or commercial discharger has violated or threatens to violate any prohibition, limitation or requirement contained in this chapter, any NPDES stormwater permit or the basin plan, or NPDES stormwater permit, the city may issue a cease and desist order direction such person to: 1. Immediately discontinue any illicit connection or prohibited discharge to the city's municipal separate storm sewer system; 2. Immediately contain or divert any flow of water off the property, where the flow is occurring in violation of any provision of this chapter; 3. Immediately discontinue any other violation of this chapter. A cease and desist order shall require the discharger to pay a $1,000.00 penalty fee to the city for the issuance thereof. Page 493 of 496 • D. Termination. of service. When the city engineer finds any person or industrial and/or commercial discharger, who has a direct connection into the city's municipal separate storm sewer system or has violated an administrative order, the city engineer may terminate storm drain service to the discharger. The person shall be liable for all costs for termination of storm drain service incurred by the city. This provision is in addition to any other statues, rules or regulations authorizing termination of service for delinquency payment or for any other reasons. Storm drain service shall be re-instituted by the city engineer after the discharger has complied with all the provisions of the administrative order. The person shall also be liable for all costs for re-instituting storm drain service. • E. Immediate termination of service. 1. The city engineer may immediately suspend storm drain service and any non- stormwater discharge permit when such suspension is necessary, in the opinion of the city engineer, to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or pollution to the receiving waters, ground and/or storm drainage system of the city. Any person or industrial and/or commercial discharger notified that their storm drain service has been suspended shall immediately cease and eliminate the discharge into the city municipal separate storm sewer system. • 2. In the event of failure to comply voluntarily{with-th-Vermination of service order, the city engineer shall take appropriate,steps) including immediate severance of all \ r^ v applicable storm drain connections. All persons responsible for a discharge that may ti \\. endanger the health or welfare of the community or the environment shall be liable for all costs incurred by the city rn terminating storm drain service. Storm drain service shall be re-instituted by�the city engineer after the actual or threatened discharge has been eliminated>A\detailed written statement, submitted by the industrial and/or commercial discharger, describing the cause of the harmful contribution and the measures,to prevent any future occurrence, shall be submitted to the city engineer within ten working days of the date of storm drain service termination: § (Code 1980, 19.20.320; Ord. No: l(part), 2005) Sec. 19.20.330. Appeals. Any decision of the city engineer may be appealed to the city manager. An appeal must be • initiated within ten working days after receipt of the notice of any decision or action by filing; with the city engineer, a letter of appeal briefly stating therein the basis for such appeal. The hearing on appeal shall be held on a date no more than 15 fifteen working days after receipt of the letter of appeal. The appellant shall be given at least five working days' notice of the time and place of the hearing. The city manager, or the city manager's designee, shall provide the appellant and any other interested party the reasonable opportunity to be heard and in order to show cause why the determination of city engineer should not be upheld. Within 45 forty five working days of the hearing, the city manager, or the city manager's designee, shall make a written decision regarding the appeal. The decision of the city manager, or the city manager's designee, shall be final. The imposition of fines or penalties shall be stayed during the appeal period, unless the city engineer determines that such a stay would threaten the public safety, health or welfare. (Code 1980, § 19.20.330; Ord. No. 740, § 1(part), 2005) Sec. 19.20.340. Compensation for damages. • Any person who damages monitoring equipment, has the potential to affect or affects human health or the environment, discharges pollutants into the city's storm drainage system which Page 494 of 496 causes or has the potential to cause increased maintenance of the system, nonroutine inspection or sampling of the system, system blockages or other damage or interference in the city's municipal separate storm sewer system, or causes any other damages, including the imposition of fines or penalties on the city by federal, state or local regulatory agencies, shall be liable to the city for all damages and additional costs, including fines and penalties. An administrative fee, which shall be fixed by the city manager based on the city's current overhead cost allocation percentage, shall be added to these charges and shall be payable to the city within 30 thirty calendar days of invoicing. (Code 1980, § 19.20.340; Ord. No. 740, § 1(part), 2005) • ARTICLE VII. JUDICIAL ENFORCEMENT REMEDIES Sec. 19.20.350. Violations deemed a public nuisance. In addition to the penalties established by this chapter, any threat to public health, safety or welfare shall be declared and deemed a public nuisance. Any condition caused or permitted to exist in violation of any of the provisions of this chapter is determined to be a threat to the public health, safety and welfare, is declared and deemed a public nuisance. Such public nuisance may be summarily abated and/or remedied by the city engineer, and/or civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken byxthe city attorney. A. The cost of such abatement, remediation and/or restoration shall be borne by the owner, lessee or tenant of the property causing •the violation:The cost thereof shall be a lien upon and against the property and such lien shalhcoritinue in existence until the same shall be paid. The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be billed to the owner of the property, as provided by law or ordinance for the recovery of nuisance\abatement costs. B. The city engineer may assess thewiblatorfor_the costs of any investigation, inspection or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection. N,N- C. The city engineer may assthe violator for costs incurred in removing, correcting or terminating the adverse effects-resulting from violation. D. The city engineer mayj assess the violator for compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life. E. If any violation of this chapter constitutes a seasonal and recurrent nuisance, the city engineer shall so declare. The failure of any person to take appropriate annual precautions to prevent stormwater pollution after written notice of a determination under this subsection shall constitute a public nuisance and a violation of this chapter. • F. Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation of such provision. (Code 1980, § 19.20.350; Ord. No. 740, § 1(part), 2005) Sec. 19.20.360. Legal action. A. The city attorney may commence an action for appropriate legal, equitable or injunctive relief in the municipal or superior court of the San Bernardino county against any person who has violated or continues to violate any provision of this chapter, the basin plan, federal or state discharge standards or permit conditions, or who violates the requirements of any administrative order. B. In addition to the penalties provided in this chapter, the city engineer may recover all reasonable attorney fees, court costs, court reporter's fees, expenses of litigation by appropriate suit of law against the person(s) found to have violated any provision of this chapter or the orders, • Page 495 of 496 rules, regulations and permits issued thereunder and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city. C. To the extent the city makes a provision of this chapter or any identified BMP a condition of approval to the issuance of a permit or license, any person in violation of such condition is subject to the permit revocation procedures set forth in this Code. D. Remedies under this section are in addition to and do not supersede or limit any and all other available remedies, civil or criminal. The remedies provided for in this chapter shall be cumulative and not exclusive. (Code 1980, § 19.20.360; Ord. No. 740, § 1(part), 2005) Sec. 19.20.370. Civil penalties. A. Persons who continue to violate any provision of this chapter shall be liable to the city for a maximum civil penalty of $25,000.00 . • - . . . . . • but not less than $3,000.00 three thousand dollars per violation per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation. B. In determining the amount of civil liability, the court=shall take into account all relevant circumstances, including, but not limited to, the extent offharm-caused by the violation, the magnitude and duration of the violation any economic/be benefit, gained through the discharger's • violation, corrective actions by the discharger, the compliance history of the discharger, and any factor as justice requires. C. Filing a suit for civil penalties shall notIbe a bba\ainst, or a prerequisite for taking any other action against a discharger. The city may institute further legal action to collect such penalties in the event that the violator of this chapter_fails or refuses to pay said penalty within 30 thirty days from the date that it has beenssessed! (Code 1980, § 19.20.370; Ord. No. 740, § 1(part), 2005) Sec. 19.20.380. Criminal prosecution. A. Any person who willfiilly� or"g gently violates any provision of this chapter or permit conditions, or who violates any administrative order or any other provision of this chapter, is guilty of a misdemeanor, whicl\upon conviction, is punishable by a fine of not less than $3,000.00 three thousand dollars and/or by■ imprisonment for a period of not more than six months. Each such person shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provisions of this chapter is committed, continued or permitted by such discharger, and shall be punishable therefor as provided by this section. B. Any person who knowingly makes any false statements, representations or certifications in any application, record, report, plan or other documentation filed or required to be maintained, pursuant to this chapter, stormwater permit or order issued under this chapter, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punished by a fine of not less than $3,000.00 three thousand dollars per day of violation or by imprisonment or by both. (Code 1980, § 19.20.380; Ord. No. 740, § 1(part), 2005) ARTICLE VIII. GENERAL CLAUSES If any provisions, paragraph, word, section, subsection or article of this chapter is invalidated by any court of competent jurisdiction, the remaining provisions, paragraph, words, sections and other chapters shall not be affected and shall continue in full force and effect. The city council Page 496 of 496 section, subsection, sentence, clause, portion or phrase of the ordinance codified in this chapter (Code 1980, § 19.20.390; Ord. No. 740, § 1(part), 2005) Sec. 19.20.400. Construction and application. This chapter shall be construed to ensure consistency with the requirements of the federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and the municipal National Pollutant Discharge Elimination System (NPDES) permit, and any amendment, revision or reissuance thereof. (Code 1980, § 19.20.400; Ord. No. 740, § 1(part), 2005) a C-3K) 4\11 ' • • C a E "0 lisp 00 0) 0 Th. 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O C u) o O CD .N O) a . _ O .= .� us 45 _0 92 N O U E N C cm w 2 o 0 co '§ -0 co O C w -o as 1 2 0) m ' C d) co - - U • . _c p flj X 0 CO 2 0) I 0 W a) C 1 0 �+�- Nc N v� O O . � Nct cts c c� t O N '> '� }' U O U V CD al Oa) = }, Z U CD H -CZ • • • U) 15 U � O CO o C U a) D t _ a i a) a) O U) coo oEa� a a U o_ o - U) 92 0_ aD $2 c 4X) pc = � ao Z = - �n„ m C cm C >. cm c o •— CO E a o Q U Q Cm CD CC 0 0 a? 0 • • 0 D • O •— Ct - CZ N E C C° O 0 • •- 0 � z U U D as C a) 'It, < 0 • on U) C 0 4) 0 P137 chtle STAFF REPORT Sc CITY MANAGER'S OFFICE LJ RANCHO Date: October 8, 2014 CUCAMONGA To: Mayor and Members of the City Council John Gillison, City Manager From: Fabian Villenas, Principal Management Analyst By: Deborah Allen, Management Aide — Sustainability Subject: Adopt Resolution No. 14-191 establishing an hourly rate of $1.50 per hour for use of City-operated electric vehicle charging stations RECOMMENDATION It is recommended that the City Council adopt a resolution establishing an hourly rate of $1.50 per hour for use of City-operated electric vehicle charging stations. BACKGROUND In the early 1990's, the City was proactive in installing ClipperCreek EV (Electric Vehicles) charging stations at various municipal facilities to accommodate the earlier generation of electric vehicles. In 2012, the City upgraded seven of the charging stations at no cost through the Reconnect California Program grant funded by the California Energy Commission (CEC). In 2013, three more stations were upgraded through the same grant program. The updated EV charging units provided standardized compatibility among the new generation of electric and hybrid vehicles, such as the Nissan Leaf and Chevy Volt, among others, and assisted the City in gauging station usage and demand. As the City's EV charging station program continued to evolve, the City Council approved an ordinance in August 2013 that allows a maximum parking period of 4 consecutive hours, with the exception of the Metrolink station. The stations' charging sessions have been provided free of charge since inception with the intent of later assessing the feasibility of transitioning to a paid system. In June 2014, Council directed staff to transition the EV charging stations to a payment fee system and establish an hourly rate for use of City-operated electric vehicle charging stations. A survey was conducted of twenty-five California agencies regarding fees for EV charging stations. The results showed that two-thirds of the agencies have now implemented a pay model and the median fee is $1.50 per hour, and therefore, a comparable fee is proposed for use of City-operated electric vehicle charging stations. In order to transition to a payment fee system, a resolution establishing an hourly rate of $1.50 must be adopted by the City Council. If the resolution is approved, the hourly rate to use the City-operated EV charging stations fee transition from no cost to $1.50 per hour with a four hour limit. With a four-hour limit, the maximum users would be charged is $6.00 for a charging session. If approved, an industry standard, web-based digital payment system to collect fees via cell phones for an EV paid system would be implemented. EV users register and set-up a MobileNow! online account or users may utilize an interactive voice recognition system. The City will have access to a real time system for access to management and reporting information. A keypad attachment will be P138 ADOPT RESOLUTION NO.\\S ESTABLISHING AN HOURLY RATE 017$1.50 PER I-TOUR FOR USE 017 PAGE 2 all-OPERATED ELECTRIC\'EHICIii CI-IARGING STATIONS OCTOBER 7,2014 installed on each unit as part of the conversion to a payment fee system and provide user access control. A key component of implementing a successful EV charging station payment fee system is proper education and outreach for the public and Metrolink users. Staff will coordinate a pre-launch promotion of the system to help drive awareness with a comprehensive marketing program planning. This includes social media posts, brochures, flyers, and press releases. Signage and usage decals will be prominently placed on the charging stations. The vendor will conduct the testing and delivery, on-site and online training, and technical support. It is anticipated that upon purchase of the hardware and software, the City can begin launching the program within two months. Therefore, if approved, the proposed rates would become effective January 1, 2015. CONCLUSION Staff recommends that the City Council adopt a resolution establishing an hourly rate of $1.50 per hour for use of City-operated electric vehicle charging stations. Respectfully Submitted, (� l �114[ V 1 Deborah Allen Fabian Villenas Management Aide— Sustainability Principal Management Analyst Attachment P139 RESOLUTION NO. 14-191 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING AN HOURLY RATE OF $1.50 PER HOUR FOR USE OF CITY- • OPERATED ELECTRIC VEHICLE CHARGING STATIONS WHEREAS, in October 2011, the City Council approved participation in the Reconnect California Grant Program, which provided for the installation of ten upgraded electric vehicle charging stations; and WHEREAS, the Reconnect California Charge Station and installation Agreement requires that these charging stations be available for access and use by the general public; and WHEREAS, there are costs to the City associated with the use of these charging stations by the general public which include electricity and maintenance, and WHEREAS,the fee for charging electric vehicles set by this resolution reflects the City's reasonable costs of operating the charging stations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, establishing an hourly rate for use of City-operated electric vehicle charging stations. The rate shall be $1.50 per hour or partial hour. Resolution No. 14-"' - Page * of * • P140 PASSED, APPROVED, AND ADOPTED this day of 2014. AYES: NOES: ABSENT: ABSTAINED: L. Dennis Michael, Mayor ATTEST: Janice C. Reynolds, City Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the day of 2014. Executed this _ day of , at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk Resolution No. 14-"' - Page * of y \VC 14 4 a• `• CAD 8 J• , 0 g co O / o "•� • ,mi Z 0 0 C lip) Z . • simi • ~ _/1 y k, _ 'i • . tip , 011..4 ij . ;IN clip) ,: ,i..i. 4:Q! \ , ,t...1 l'''''',..-. ... 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V I O A a M rg :.:15 8 It! 1111 * ■ P141 COL:(7) STAFF REPORT CITY MANAGER'S OFFICE bilge RANCHO Date: October 15, 2014 CUCAMONGA To: Mayor and Members of the City Council John Gillison, City Manager From: Fabian Villenas, Principal Management Analyst Subject: Review of San Bernardino County's Proposal to Adopt Ordinance Implementing Proposition 90 and Proposition 110 Property Tax Relief Program RECOMMENDATION With the adoption of an ordinance implementing Proposition 90 and Proposition 110 by the County Board of Supervisors not clearly providing a positive or negative effect on the City of Rancho Cucamonga, staff does not have a recommendation on this matter. It is primarily a matter of public policy rather than fiscal management and the City Council is free to take any position on this matter that they believe is in the best interest of the community. BACKGROUND Proposition 90 was passed by the voters in 1998 and allows the transfer of the base-year value of an existing home to a newly purchased or constructed home in another county. This tax relief benefit is available to residents who are at least 55 years old and are able to meet qualifying conditions. This includes: the replacement property must be their new principal residence, the replacement dwelling must be of equal or lesser value as compared to the original property, the replacement dwelling must be acquired within two years of the sale of the original property, and the owner must file an application with the County Assessor's Office within three years following the purchase date. Proposition 110 was also a constitutional amendment adopted by voters in 1990, and provides property tax relief for severely and permanently disabled residents when they sell an existing home and buy another. In order to implement the benefits of Propositions 90 and 110, each county must adopt an ordinance making the provisions of both propositions applicable within the County. San Bernardino County is the only county in Southern California to not adopt an ordinance. Los Angeles, Riverside, Orange, Ventura, and San Diego counties all allow Prop 90 and 110 property tax relief. The City of Rancho Cucamonga was recently notified that the San Bernardino County Board of Supervisors will consider a first reading of an ordinance implementing Prop 90 and 110 in the County on October 7, 2014 with final adoption scheduled for October 21st. The most obvious impact of implementing Prop 90 and 110 is the loss in property tax revenue for the County and other taxing entities such as the City of Rancho Cucamonga as it will reduce the property tax revenue that would have otherwise been received from eligible homeowners who have relocated to the County. However, based on an analysis completed by Beacon Economics, an independent consultant, the financial impact is anticipated to be negligible. Their research shows that the percentage of exemptions issued in nearby counties in the last three years is a very small fraction — less than 4 percent — of the eligible demographic moving into the nearby counties. For P142 REVIEW OF SAN BERNARDINO COUNTY'S PROPOSAI,TO ADOPT ORDINANCE IMPLEMENTING PAGE 2 PROPOSITION 90 AND PROPOSITION 110 PROPERTY TAX RELIEF PROGRAM OCTOBER 15,2014 Rancho Cucamonga, the financial impact would especially be negligible as we are a low property tax city and receive a very small portion of property tax collected by the County Assessor. Although the direct financial effect of implementing Prop 90 and 110 is a negligible loss in property tax revenue, information received from the County also points to indirect positive benefits from implementing the tax relief program. Implementation of Prop 90 has the potential to increase the County's attractiveness to those homebuyers who have owned their homes for longer periods of time. These homebuyers are generally economically stable and their relocation to San Bernardino County would potentially produce increases in sales tax and Vehicle License Fees. Also, when there is a drop in the housing market, these types of tax relief programs could potentially allow the area to better weather the housing slumps. Prior to adoption of the ordinance, the Board of Supervisors must consult with any local agencies that would be affected by the implementation of the ordinance. CONCLUSION Because the adoption of an ordinance implementing Proposition 90 and Proposition 110 by the County Board of Supervisors does not clearly provide a positive or negative effect on the City of Rancho Cucamonga, staff does not have a recommendation on this matter. It is primarily a matter of public policy rather than fiscal management and the City Council is free to take any position on this matter that they believe is in the best interest of the community. The City Council's action will be communicated to the County. Respectfully Submitte Fabian A. Villenas Principal Management Analyst Attachment: - Proposed County Ordinance P1 3 1 ORDINANCE NO. 2 AN ORDINANCE OF THE COUNTY OF SAN BERNARDINO, 3 STATE OF CALIFORNIA, ADDING CHAPTER 8 TO DIVISION 4 OF TITLE 1 OF THE SAN BERNARDINO COUNTY CODE, 4 RELATING TO TAXATION OF REPLACEMENT RESIDENCES 5 6 The Board of Supervisors of the County of San Bernardino, State of California, 7 ordains as follows: 8 9 SECTION 1. Chapter 8 is added to Division 4 of Title 1 of the San Bernardino 10 County Code, to read: 11 12 Chapter 8 13 TAXATION OF REPLACEMENT RESIDENCES 14 Subsections: 15 14.0801 Transfer of Base Year Value. 16 14.0802 Claims for Transfer of Base Year Value. 17 14.0803 Determination of Base Year Value. 18 14.0804 Date of Acquisition of Replacement Residence. 19 14.0805 Operation. 20 21 14.0801 Transfer of Base Year Value. 22 Any person over the age of 55 years or any person severely and permanently 23 disabled, as provided in Revenue and Taxation Code section 69.5, who resides in 24 property that is eligible for the homeowner's exemption under subdivision (k) of Section 25 3 of Article XIII of the California Constitution and Section 218 of the Revenue and 26 Taxation Code may transfer, subject to the conditions and limitations provided in 27 Section 69.5 of the Revenue and Taxation Code, the base year value of that property, 28 provided that the property is located in the State of California and outside of San 1 2074191 P1 4 1 Bernardino County, to any replacement dwelling of equal or lesser value which is 2 located within San Bernardino County and is purchased or newly constructed by that 3 person as his or her principal residence within two years of the sale by that person of 4 the original property, provided that the base year value of the original property shall not 5 be transferred to the replacement dwelling until the original property is sold. 6 14.0802 Claims for Transfer of Base Year Value. 7 All claims for transfers of base year value from original property located in the 8 State of California and outside of San Bernardino County shall be granted, if the claims 9 meet the applicable requirements of both subdivision (a) of Section 2 of Article XIIIA of 10 the California Constitution and Section 69.5 of the Revenue and Taxation Code. All 11 claims for transfers of base year value shall be filed with the assessor, on forms 12 prescribed by the State Board of Equalization for this purpose. The assessor shall 13 make the claim forms available to prospective claimants. 14 14.0803 Determination of Base Year Value. 15 In determining the base year valuation of original property located in another 16 county, the base year valuation as determined by the assessor of such other county 17 shall be accepted by the assessor of this county, in connection with the granting of 18 claims for transfers of base year value. 19 14.0804 Date of Acquisition of Replacement Residence. 20 Any person meeting the requirements of this chapter and subdivision (a) of 21 Section 2 of Article XIIIA of the California Constitution and Section 69.5 of the Revenue 22 and Taxation Code may transfer the base year value of his or her former principal 23 residence located in the State of California and outside San Bernardino County to a new 24 principal residence within San Bernardino County which is acquired on or after January 25 1, 2014. 26 14.0805 Operation. 27 The provisions of this chapter shall remain operative until repealed, but in no 28 event for a period of less than five years from the date this chapter becomes effective, 2 2074191 P1 5 1 unless otherwise permitted or authorized by law. 2 3 SECTION 2. The Board of Supervisors declares that it would have adopted this 4 ordinance and each section, subsection, sentence, clause, phrase, or portion of it 5 irrespective of the fact that any one or more sections, subsections, clauses, phrases or 6 portions of it be declared invalid or unconstitutional. If for any reason any portion of this 7 ordinance is declared invalid or unconstitutional, then all other provisions of it shall 8 remain valid and enforceable. 9 10 SECTION 3. This ordinance shall take effect thirty (30) days from the date of 11 adoption. 12 13 JANICE RUTHERFORD, Chair Board of Supervisors 14 15 SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED 16 TO THE CHAIRMAN OF THE BOARD 17 LAURA H. WELCH, Clerk of the Board of Supervisors 18 19 20 21 22 23 24 25 26 27 28 3 2074191 P1 6 1 STATE OF CALIFORNIA ) 2 ) ss. COUNTY OF SAN BERNARDINO 3 I, LAURA H. WELCH, Clerk of the Board of Supervisors of the County of San 4 Bernardino, State of California, hereby certify that at a regular meeting of the Board of Supervisors of said County and State, held on the day of , 2014, 5 at which meeting were present Supervisors: 6 7 and the Clerk, the foregoing ordinance was passed and adopted by the following vote, to wit: 8 9 AYES: SUPERVISORS: 10 NOES: SUPERVISORS: 11 ABSENT: SUPERVISORS: 12 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official 13 seal of the Board of Supervisors this day of , 2014. 14 LAURA H. WELCH, Clerk of the 15 Board of Supervisors of the County of San Bernardino, 16 State of California 17 18 Deputy 19 20 Approved as to Form: 21 JEAN-RENE BASLE 22 County Counsel 23 24 By: KENNETH C. HARDY 25 Deputy County Counsel 26 27 Date: 28 4 2074191