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2016/12/15 - Agenda Packet - Special
L20 city of � AN(.riU (iUI;AMUNGA 10500 Civic Center Drive � Rancho Cucamonga, CA 91730-3801 City Office: (909) 477-2700 AGENDAS FIRE PROTECTION DISTRICT BOARD HOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY PUBLIC FINANCING AUTHORITY CITY COUNCIL THURSDAY, DECEMBER 15, 2016 REGULAR MEETINGS 1St and 3rd Wednesdays + 7:00 P.M. ORDER OF BUSINESS SPECIAL CLOSED SESSION Tapia Conference Room ................. 5:00 P.M. Call to Order Public Communications City Manager Announcements Conduct of Closed Session SPECIAL MEETINGS Council Chambers .......................... 7:00 P.M. MFMRMRC MAYOR MAYOR PRO TEM COUNCIL MEMBERS CITY MANAGER CITY ATTORNEY CITY CLERK CITY TREASURER L. Dennis Michael Sam Spagnolo William Alexander Lynne B. Kennedy Diane Williams John R. Gillison James L. Markman Janice C. Reynolds James C. Frost INFORMATION FOR THE PUBLIC C.UCAINONGA 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 Libraries and on the City's website. A complete copy of the agenda is also available at the desk located behind the staff table during the Council meeting. LIVE BROADCAST Fire Board, Successor Agency, Public Financing Authority and City Council meetings are broadcast live on Channel 3 for those with cable television access. Meetings are rebroadcast on the second and fourth Wednesdays of each month at 11:00 a.m. and 7:00 p.m. Streaming Video on Demand is available on the City's website at www.cityofrc.uslcityhaillcouncillvideos.asp. The Fire Board, Successor Agency, Public Financing Authority and City Council meet regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. Members of the City Council also sit as the Fire Board, Successor Agency, and Public Financing Authority. 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. Please silence all cell phones and devices while the meeting is in session. ,CkWfiO &CAMONGA FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, HOUSING SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA DECEMBER 15, 2016 1 A. 5:00 P.M. - CLOSED SESSION 7L- CALL TO ORDER - TAPIA CONFERENCE ROOM Al. Roll Call: Mayor Michael Mayor Pro Tem Spagnolo Council Members Alexander, Kennedy and Williams CLOSED SESSION CALLED TO ORDER AS THE CITY COUNCIL. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) D. CITY MANAGER ANNOUNCEMENTS (NO DISCUSSION OR ACTION WILL OCCUR) E. CONDUCT OF CLOSED SESSION - TAPIA CONFERENCE ROOM E1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED ADJACENT TO HELLMAN AVENUE AT THE METROLINK TRACKS NORTH OF 8TH STREET; NEGOTIATING PARTIES: JASON WELDAY, ENGINEERING SERVICES DIRECTOR/CITY ENGINEER REPRESENTING THE CITY OF RANCHO CUCAMONGA AND CARRIE SCHINDLER REPRESENTING SANBAG; REGARDING PRICE AND TERMS; APN'S: 209-013-21, 209-013-22, 209-032-44 — CITY E2. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) — SOUTHWEST VOTERS REGISTRATION EDUCATION PROJECT AND LOUISA OLLAGUE V. CITY OF RANCHO CUCAMONGA; CASE NO. CIVRS 1603632 — CITY E3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCEL NUMBERS 1090-331-03 AND 04, AND 1089-581-04; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER AND CANDYCE BURNETT, CITY PLANNER, REPRESENTING THE CITY OF RANCHO CUCAMONGA AND JOSEPH FILIPPI REPRESENTING FILIPPI WINERY, REGARDING INSTRUCTIONS FOR NEGOTIATING THE PRICE, TERMS OF PAYMENT, OR BOTH — CITY E4. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE EXECUTIVE MANAGEMENT EMPLOYEE GROUP, RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION, TEAMSTERS LOCAL 1932, FIRE MANAGEMENT EMPLOYEE GROUP, RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274, AND FIRE SUPPORT SERVICES ASSOCIATION. — CITY E5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR APN'S: 0226-401-01, 0226-421-07, 0226-061-62 AND 0226-061-16; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER AND MANDY PARKES, INLAND EMPIRE RESOURCE CONSERVATION DISTRICT, EXECUTIVE DIRECTOR. — CITY ,CkWfiO &CAMONGA FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, HOUSING SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA DECEMBER 15, 2016 2 F. RECESS CLOSED SESSION TO RECESS TO THE SPECIAL FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY, SUCCESSOR AGENCY, HOUSING SUCCESSOR AGENCY 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. G. SPECIAL MEETING CALL TO ORDER - 7:00 P.M. COUNCIL CHAMBERS THE SPECIAL MEETINGS OF THE FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY, SUCCESSOR AGENCY, HOUSING SUCCESSOR AGENCY 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 Tem Spagnolo Council Members Alexander, Kennedy and Williams H. ANNOUNCEMENTS/PRESENTATIONS H1. Certificate of Recognition to Valverde Performing Arts for their contributions to the Community. H2. Recognition of Jamia Fields, Professional Soccer Player and Hometown Athlete, on her Inaugural Season with the Orlando Pride National Women's Soccer League. H3. Presentation of Proclamation and Tile to Trang Huynh, retiring Building and Safety Services Director and Building Official. H4. Presentation of a Certificate of Recognition to Trang Huynh, retiring Building and Safety Services Director and Building Official from Local Legislators. I. PUBLIC COMMUNICATIONS LJ This is the time and place for the general public to address the Fire Protection District, Public Financing Authority Board, Successor Agency, Housing Successor Agency and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Public Financing Authority Board, Successor Agency and City Council from addressing any issue not previously included on the Agenda. The Fire Board, Public Financing Authority Board, Successor Agency, Housing Successor Agency and City Council may receive testimony and set the matter for a subsequent meeting. ,CkWfiO &CAMONGA FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, HOUSING SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA DECEMBER 15, 2016 3 Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Authority Board, Successor Agency, Housing Successor Agency 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/Housing Successor Agency/Council at one time without discussion. Any item may be removed by a Fire Board/Successor Agency/Authority Board/Housing Successor Agency or Council Member for discussion. J. CONSENT CALENDAR - FIRE PROTECTION DISTRICT J1. Consideration to approve Check Register dated November 29, 2016 through December 6, 2016 and Electronic Debit Register for the month of November 2016 for the total of 1 $346,677.76. J2. Consideration of approval of a Resolution adopting Fire District salary schedules for fiscal 7 year 2016/17. RESOLUTION NO. FD16-031 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE 8 PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, APPROVING SALARY SCHEDULES FOR FISCAL YEAR 2016/17 K. CONSENT CALENDAR - HOUSING SUCCESSOR AGENCY K1. Review and approval of the Housing Successor's Fiscal Year 2015/16 Annual Report. 14 L. CONSENT CALENDAR - SUCCESSOR AGENCY ,CkWfiO &CAMONGA FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, HOUSING SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA DECEMBER 15, 2016 In M. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY JL�_ N. CONSENT CALENDAR - CITY COUNCIL N1. Consideration to approve Check Register and payroll dated November 29, 2016 through 22 December 6, 2016 and Electronic Debit Register for the month of November 2016 for the total of $7,041,288.22. N2. Consideration of approval of a Resolution adopting salary schedules for Fiscal Year 2016/17. 28 RESOLUTION NO. 16-189 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, 29 CALIFORNIA, APPROVING THE SALARY SCHEDULES FOR FISCAL YEAR 2016-17 N3. Consideration of approval to Release Maintenance Bond No. 71706235 in the amount of 40 $8,155.09 for the "Department of Innovation and Technology (DoIT) Tenant Improvement Project," Contract No. 15-149. N4. Consideration of approval to Release Maintenance Bond No. LPM7640581-M in the amount 41 of $8,700.81 for the "Illuminated Street Name Sign Replacement — FY 13/14 Project," Contract No. 14-151. N5. Consideration to accept the Spruce Avenue Pavement Rehabilitation from Foothill Boulevard 42 to Base Line Road project, Contract No. 16-175 as complete, approve final contract amount of $473,096.47, authorize the release and acceptance of project related bonds, and authorize the City Engineer to file a Notice of Completion. RESOLUTION NO. 16-203 45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE SPRUCE AVENUE PAVEMENT REHABILITATION PROJECT FROM FOOTHILL BOULEVARD TO BASE LINE ROAD PROJECT, CONTRACT NO. 16-175, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK N6. Consideration of approval of the License Agreement between the City of Rancho Cucamonga and the San Bernardino Associated Governments (SANBAG), for the construction of the 46 Hellman Avenue and 8th Street widening, traffic signal and at -grade improvements at the Metrolink tracks, located north of 8th Street at SANBAG Mile Post 98.2 and Southern California Regional Rail Authority (SCRRA) Mile Post 39.59 (RR). N7. Consideration of approval of a request to summarily vacate Winston Avenue and Trademark Parkway South, North of Fourth Street between Utica Avenue and Haven Avenue (Street 89 Vacation No. V-234). RESOLUTION NO. 16-204 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, 91 CALIFORNIA, SUMMARILY ORDERING THE VACATION OF EXCESS RIGHTS-OF-WAY INCLUDING TRADEMARK PARKWAY SOUTH FROM HAVEN AVENUE TO BENTLEY STREET AND WINSTON AVENUE FROM FOURTH STREET TO TRADEMARK PARKWAY SOUTH, (V-234) - APN 21008121; 21008120; 21008119 ,CkWfiO &CAMONGA FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, HOUSING SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA DECEMBER 15, 2016 4i N8. Consideration to approve a Resolution authorizing the bi-annual destruction of obsolete City 95 records. RESOLUTION NO. 16-205 96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF OBSOLETE CITY RECORDS WHICH ARE NO LONGER REQUIRED AS SET FORTH IN CALIFORNIA GOVERNMENT CODE SECTION 34090 AND OTHER APPLICABLE LEGAL REFERENCES N9. Consideration to receive AB 1600 Development Impact Fee Annual Report for Fiscal Year 127 ended June 30, 2016 and make findings as required by California Government Code Section 66001 through the adoption of a Resolution No. 16-206. RESOLUTION NO. 16-206 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, 129 CALIFORNIA, ACCEPTING AB 1600 DEVELOPMENT IMPACT FEE ANNUAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2016 AND MAKING FINDINGS AS REQUIRED BY CALIFORNIA GOVERNMENT CODE SECTION 66001 IF -0. ADVERTISED PUBLIC HEARINGS - CITY COUNCILLL] The following items have been advertised and/or posted as public hearings as required by law. The Mayor will open the meeting to receive public testimony. 01. Consideration of Trail Easement Vacation DRC2016-00780 — Danny Morel - A request to vacate a portion of an existing equestrian easement located along the southern edge of the 144 property within the Estate Residential (ER) District of the Etiwanda Specific Plan and within the Equestrian Overlay District at 5820 Rolling Pastures — APN: 0225-122-96. Related File: DRC2013-00964. This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15305 (Class 5 Exemption — Minor Alterations in Land Use Limitations). RESOLUTION NO. 16-207 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, 186 CALIFORNIA, APPROVING TRAIL EASEMENT VACATION DRC2016-00780, A REQUEST TO VACATE A PORTION OF AN EXISTING EQUESTRIAN EASEMENT LOCATED ALONG THE SOUTHERN EDGE OF THE PROPERTY (PARCEL 4 OF PARCEL MAP 15802) WITHIN THE ESTATE RESIDENTIAL (ER) DISTRICT OF THE ETIWANDA SPECIFIC PLAN AND WITHIN THE EQUESTRIAN OVERLAY DISTRICT AT 5820 ROLLING PASTURES; AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 0225-122-96. ,CkWfiO &CAMONGA FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, HOUSING SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA DECEMBER 15, 2016 P. ADMINISTRATIVE HEARINGS - CITY & FIRE LJ P1. Consideration of biennial review of Conflict of Interest Code and adoption of a Resolution 191 approving an amended Conflict of Interest Code, Appendix I, to account for the addition, deletion, and modification of positions listed as "Designated Employees" - CITY RESOLUTION NO. 16-208 193 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING, AFFIRMING, AND INCORPORATING BY REFERENCE THE STANDARD CONFLICT OF INTEREST PROVISIONS OF CALIFORNIA CODE OF REGULATIONS TITLE 2, SECTION 18730 AND ADOPTING AMENDED AND UPDATED APPENDICES TO THE CONFLICT OF INTEREST CODE OF THE CITY OF RANCHO CUCAMONGA P2. Consideration of biennial review of Conflict of Interest Code and adoption of a Resolution 201 approving an amended Conflict of Interest Code, Appendix II to update the disclosure categories. - FIRE RESOLUTION NO. FD16-032 203 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ADOPTING, AFFIRMING, AND INCORPORATING BY REFERENCE THE STANDARD CONFLICT OF INTEREST PROVISIONS OF CALIFORNIA CODE OF REGULATIONS TITLE 2, SECTION 18730 AND ADOPTING AMENDED AND UPDATED APPENDIX II TO THE CONFLICT OF INTEREST CODE OF THE FIRE PROTECTION DISTRICT Q. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. Q1. Consideration and discussion of selection of Mayor Pro Tem (Verbal). Q2. Review of Appointments to Standing Committees and other Governmental Agencies. 208 Q3. Consideration of cancellation of the January 4, 2017 Regular Meetings of the Fire Protection 214 District, Public Financing Authority, Successor Agency and City Council. Q4. INTER -AGENCY UPDATES (Update by the City Council to the community on the --- "meetings meetingsthat were attended.) Q5. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) R. IDENTIFICATION OF ITEMS FOR NEXT MEETING S. ADJOURNMENT aCtdtWfiO &CAMONGA FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, HOUSING SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA DECEMBER 15, 2016 CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on December 12, 2016 seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California, and on the City's website. e 4 4n2a A. Troyan, MMC City Clerk Services Director City of Rancho Cucamonga 7 P1 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 11/29/2016 through 12/6/2016 Check No. Check Date Vendor Name Cltv Fire Amount AP 00006666 12/01/2016 CHAFFEY JOINT UNION HS DISTRICT 879.24 0.00 879.24 AP 00006667 12/01/2016 MONTEREY INTERNATIONAL TALENT AGENCY INC 11,625.00 0.00 11,625.00 AP 00006668 12/01/2016 SAN BERNARDINO CTY SHERIFFS DEPT 3,053,592.41 0.00 3,053,592.41 AP 00006669 12/01/2016 SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY 111.12 0.00 111.12 AP 00006670 12/01/2016 VIASYN INC 4,446.11 0.00 4,446.11 AP 00375216 12/01/2016 ACEY DECY EQUIPMENT INC. 361.88 0.00 361.88 AP 00375217 12/01/2016 ACTION AWARDS INC. 1,677.66 0.00 1,677.66 AP 00375218 12/01/2016 ALL CITIES TOOLS 56.16 0.00 56.16 AP 00375219 12/01/2016 ALTA VISTA MOBILE HOME PARK 600.00 0.00 600.00 AP 00375220 12/01/2016 APPLIED METERING TECHNOLOGIES INC 12,654.00 0.00 12,654.00 AP 00375221 12/01/2016 ARCHITERRA DESIGN GROUP 0.00 189313.25 18,313.25 AP 00375222 12/01/2016 AT&T 472.42 0.00 472.42 AP 00375223 12/01/2016 BIA - BALDY VIEW CHAPTER 299.00 0.00 299.00 AP 00375224 12/01/2016 BLACKBAUD 900.00 0.00 900.00 AP 00375225 12/01/2016 BSN SPORTS INC. 2,355.67 0.00 2,355.67 AP 00375226 12/01/2016 C V W D 343.41 0.00 343.41 AP 00375227 12/01/2016 C V W D 1,663.61 0.00 1,663.61 AP 00375231 12/01/2016 C V W D 45,647.73 490.45 46,138.18 *** AP 00375232 12/01/2016 CA LLC - DBA ALTA LAGUNA MHP 900.00 0.00 900.00 AP 00375233 12/01/2016 CACEO 340.00 0.00 340.00 AP 00375234 12/01/2016 CALIFORNIA BUILDING OFFICIALS 45.00 0.00 45.00 AP 00375235 12/01/2016 CARQUEST AUTO PARTS 658.30 257.88 916.18 *** AP 00375236 12/01/2016 CASA VOLANTE MOBILE HOME PARK 1,200.00 0.00 1,200.00 AP 00375237 12/01/2016 CHAPARRAL HEIGHTS MOBILE HOME PARK 700.00 0.00 700.00 AP 00375238 12/01/2016 CHARTER COMMUNICATIONS 0.00 536.88 536.88 AP 00375239 12/01/2016 CINTAS CORPORATION # 150 0.00 72.74 72.74 AP 00375240 12/01/2016 CLIENT FIRST CONSULTING GROUP 18,657.50 0.00 18,657.50 AP 00375241 12/01/2016 CMRTA 50.00 0.00 50.00 AP 00375242 12/01/2016 COMP U ZONE 702.06 0.00 702.06 AP 00375243 12/01/2016 CORODATA MEDIA STORAGE INC 1,068.36 0.00 1,068.36 AP 00375244 12/01/2016 CORPORATE WAREHOUSE SUPPLY 579.85 0.00 579.85 AP 00375245 12/01/2016 CPRS 145.00 0.00 145.00 AP 00375246 12/01/2016 D & D SERVICES INC. 430.00 0.00 430.00 AP 00375247 12/01/2016 DE LEON, REGGIE 90.00 0.00 90.00 AP 00375248 12/01/2016 DIAMOND ENVIRONMENTAL SERVICES 263.04 0.00 263.04 AP 00375249 12/01/2016 DUMBELL MAN FITNESS EQUIPMENT, THE 6,996.00 0.00 6,996.00 AP 00375250 12/01/2016 ECOLAB INC. 412.56 0.00 412.56 AP 00375251 12/01/2016 EIGHTH AVENUE ENTERPRISE LLC 0.00 159.84 159.84 AP 00375252 12/01/2016 EL TIO ALEX CATERING 300.00 0.00 300.00 AP 00375253 12/01/2016 FACTORY MOTOR PARTS 0.00 496.11 496.11 AP 00375254 12/01/2016 FAVELA, RICHARD 40.00 0.00 40.00 AP 00375255 12/01/2016 FCLO MUSIC THEATRE 1,100.00 0.00 1,100.00 AP 00375256 12/01/2016 FLEET SERVICES INC. 0.00 179.97 179.97 AP 00375257 12/01/2016 FLEETPRIDE 0.00 124.62 124.62 AP 00375258 12/01/2016 FOOTHILL MOBILE MANOR 500.00 0.00 500.00 AP 00375259 12/01/2016 G AND M BUSINESS INTERIORS 16,126.35 0.00 16,126.35 AP 00375260 12/01/2016 GOLDEN OAKS VET HOSPITAL 100.00 0.00 100.00 User: VLOPEZ - VERONICA LOPEZ Page: 1 Current Date: 12/07/2016 Report: CK -AGENDA -REG _PORTRAIT-CON SOLI DATED - CK: Agenda Check Register Portrait I Time: 06:46:16 CITY OF RANCHO CUCAMONGA P2 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 11/29/2016 through 12/6/2016 Check No. Check Date Vendor Name Citv Fire Amount AP 00375261 12/01/2016 GOOD YEAR TIRE AND RUBBER CO. 461.43 0.00 461.43 AP 00375262 12/01/2016 GRAINGER 378.69 0.00 378.69 AP 00375263 12/01/2016 GRAPHICS FACTORY INC. 72.14 0.00 72.14 AP 00375264 12/01/2016 HANSHAW, DIANE 311.96 0.00 311.96 AP 00375265 12/01/2016 HOMETOWN AMERICA RAMONA VILLA 1.100.00 0.00 1,100.00 AP 00375266 12/01/2016 IMPRESSIONS GOURMET CATERING 452.09 0.00 452.09 AP 00375267 12/01/2016 IMPRESSIONS GOURMET CATERING 2,023.92 0.00 2,023.92 AP 00375268 12/01/2016 INDUSTRIAL SAFETY SUPPLY CORP 1,993.39 0.00 1,993.39 AP 00375269 12/01/2016 INTER VALLEY HEALTH PLAN 280.00 0.00 280.00 AP 00375270 12/01/2016 JCL TRAFFIC SERVICES 454.14 0.00 454.14 AP 00375271 12/01/2016 KHOURY, ROBERT 7.50 0.00 7.50 AP 00375272 12/01/2016 KUBZANSKY, JESSICA 12066.66 0.00 1,066.66 AP 00375273 12/01/2016 L E H AND ASSOCIATES 6,100.00 0.00 6,100.00 AP 00375274 12/01/2016 LANTAI, KRIS 300.00 0.00 300.00 AP 00375275 12/01/2016 LEDESMA, CHRISTINA 65.22 0.00 65.22 AP 00375276 12/01/2016 LIFE ASSIST INC 0.00 2,211.45 2,211.45 AP 00375277 12/01/2016 LIGHTHOUSE, THE 0.00 62.66 62.66 AP 00375278 12/01/2016 LITTLE BEAR PRODUCTIONS 4,650.00 0.00 4,650.00 AP 00375279 12/01/2016 LU'S LIGHTHOUSE INC 0.00 66.44 66.44 AP 00375280 12/01/2016 LUCAS, DIAMOND 73.67 0.00 73.67 AP 00375281 12/01/2016 MARIPOSA LANDSCAPES INC 662443.41 2,616.57 69,059.98 *** AP 00375282 12/01/2016 MARTINEZ, ALEC 690.80 0.00 690.80 AP 00375283 12/01/2016 MATLOCK ASSOCIATES 1,075.00 0.00 1,075.00 AP 00375284 12/01/2016 MCMASTER CARR SUPPLY COMPANY 123.87 0.00 123.87 AP 00375285 12/01/2016 MEDIWASTE DISPOSAL 35.00 0.00 35.00 AP 00375286 12/01/2016 MEINEKE CAR CARE CENTER 757.56 0.00 757.56 AP 00375287 12/01/2016 MIDWEST TAPE 475.39 0.00 475.39 AP 00375288 12/01/2016 MISSION REPROGRAPHICS 11.34 0.00 11.34 AP 00375289 12/01/2016 MOUNTAIN VIEW SMALL ENG REPAIR 485.18 0.00 485.18 AP 00375290 12/01/2016 MURADIAN, LESLIE 400.00 0.00 400.00 AP 00375291 12/01/2016 NAPA AUTO PARTS 15.17 0.00 15.17 AP 00375292 12/01/2016 NEOPOST USA INC 1,038.96 0.00 1,038.96 A1' 00375293 12/01/2016 NEOPOST USA INC 267.05 0.00 267.05 AP 00375294 12/01/2016 OCCUPATIONAL HEALTH CIRS 017 CA 394.05 0.00 394.05 All 00375296 12/01/2016 OFFICE DEPOT 2.301.79 0.00 2,301.79 AP 00375297 12/01/2016 PASMA 75.00 0.00 75.00 AP 00375298 12/01/2016 PAT -FON SALES CORP 0.00 390.52 390.52 AP 00375299 12/01/2016 PERSONAL BEST 21108.90 0.00 2,108.90 AP 00375300 12/01/2016 PETES ROAD SERVICE INC 1,792.69 0.00 1,792.69 AP 00375301 12/01/2016 PHOENIX GROUP INFORMATION SYSTEMS 37.55 0.00 37.55 AP 00375302 12/01/2016 PINES MOBILE HOME PARK, THE 400.00 0.00 400.00 AP 00375303 12/01/2016 POLICE EXECUTIVE RESEARCH FORUM 200.00 0.00 200.00 AP 00375304 12/01/2016 PRENTICE, IRENE 6.40 0.00 6.40 AP 00375305 12/01/2016 PRIME GLASS 231.20 0.00 231.20 AP 00375306 12/01/2016 PRISTINE UNIFORMS LLC 0.00 28.07 28.07 AP 00375307 12/01/2016 PRO -LINE INDUSTRIAL PRODUCTS INC 520.56 0.00 520.56 AP 00375308 12/01/2016 PROPET DISTRIBUTORS INC 2,055.95 0.00 2,055.95 User: VLOPEZ - VERONICA LOPEZ Page: 2 Current Date: 12/07/2016 Report: CK -AGENDA -REG PORTRAIT-CON SOLIDATED - CK: Agenda Check Register Portrait I Time: 06:46:16 CITY OF RANCHO CUCAMONGA P3 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Resister 11/29/2016 through 12/6/2016 Check No. Check Date Vendor Name Citv Fire Amount AP 00375309 12/01/2016 PSA PRINT GROUP 194.40 0.00 194.40 AP 00375310 12/01/2016 RANCHO DISPOSAL SERVICES INC 180.00 0.00 180.00 AP 00375311 12/01/2016 RANCHO SMOG CENTER 280.00 0.00 280.00 AP 00375312 12/01/2016 RBM LOCK AND KEY SERVICE 338.75 0.00 338.75 AP 00375313 12/01/2016 RICHARDS WATSON AND GERSHON 42,208.68 0.00 42,208.68 AP 00375314 12/01/2016 ROSAS, LIRIO 82.52 0.00 82.52 AP 00375315 12/01/2016 ROTO ROOTER 495.00 0.00 495.00 AP 00375316 12/01/2016 RSB GROUP INC 152,858.36 0.00 152,858.36 AP 00375317 12/01/2016 RUGG, KEVIN 199.00 0.00 199.00 AP 00375318 12/01/2016 SALAZAR, MIRANDA 250.00 0.00 250.00 AP 00375319 12/01/2016 SAN ANTONIO REGIONAL IIOSPITAL 4,124.00 0.00 4,124.00 AP 00375320 12/01/2016 SAN BERNARDINO COUNTY SHERIFFS DEPT 21,484.60 0.00 21,484.60 AP 00375321 12/01/2016 SAN BERNARDINO CTY OFFICE OF THE ASSESSOR 840.00 0.00 840.00 AP 00375322 12/01/2016 SCHOLASTIC BOOK FAIRS 657.94 0.00 657.94 AP 00375323 12/01/2016 SCOLLON, MEYLIN 28.02 0.00 28.02 AP 00375324 12/01/2016 SDC LEAGUE HEALTH FUND 775.00 0.00 775.00 AP 00375325 12/01/2016 SDC LEAGUE PENSION FUND 256.00 0.00 256.00 AP 00375326 12/01/2016 SILVERMAN, JULIA 60.00 0.00 60.00 AP 00375334 12/01/2016 SOUTHERN CALIFORNIA EDISON 20,420.12 37445.19 23,865.31 *** AP 00375335 12/01/2016 SOUTHERN CALIFORNIA EDISON 2,321.37 0.00 2,321.37 AP 00375336 12/01/2016 SPECIAL SERVICES GROUP LLC 3,000.00 0.00 3,000.00 AP 00375337 12/01/2016 STERLING COFFEE SERVICE 604.12 0.00 604.12 AP 00375338 12/01/2016 STORTM SELF STORAGE 895.00 0.00 895.00 AP 00375339 12/01/2016 STOTZ EQUIPMENT 3,051.34 0.00 3,051.34 AP 00375340 12/01/2016 SUNGARI) PUBLIC SECTOR USER GROUP ASSOC INC 195.00 0.00 195.00 AP 00375341 12/01/2016 SYCAMORE VILLA MOBILE HOME PARK 700.00 0.00 700.00 AP 00375342 12/01/2016 SYSCO LOS ANGELES INC 21142.57 0.00 2,142.57 AP 00375343 12/01/2016 TECH 24 COMMERCIASL FOODSERVICE REPAIR INC 24.39 0.00 24.39 AP 00375344 12/01/2016 THEATRE COMPANY, THE 975.22 0.00 975.22 AP 00375345 12/01/2016 THOMPSON PLUMBING SUPPLY 7.06 0.00 7.06 AP 00375346 12/01/2016 THOMSON REUTERS WEST PUBLISHING CORP 427.80 0.00 427.80 AP 00375347 12/01/2016 TINT CITY WINDOW TINTING 200.00 0.00 200.00 AP 00375348 12/01/2016 TOT LOT PROS INC 138,599.98 0.00 138,599.98 AP 00375349 12/01/2016 U S LEGAL SUPPORT INC 846.62 0.00 846.62 AP 00375350 12/01/2016 U.S. BANK PARS ACCT #6746022500 10,326.00 0.00 10,326.00 AP 00375351 12/01/2016 U.S. BANK PARS ACCT #6746022500 682.90 0.00 682.90 AP 00375352 12/01/2016 UNDERGROUND SVC ALERT OF SO CAL 244.50 0.00 244.50 AP 00375353 12/01/2016 UNIQUE MANAGEMENT SERVICES INC 584.19 0.00 584.19 AP 00375354 12/01/2016 UNITED SITE SERVICES OF CA INC 233.91 0.00 233.91 AP 00375355 12/01/2016 UPS 55.21 0.00 55.21 AP 00375356 12/01/2016 UTILIQUEST 1,748.26 0.00 1,748.26 AP 00375357 12/01/2016 VERIZON BUSINESS 1,890.03 0.00 1,890.03 AP 00375358 12/01/2016 VERIZON BUSINESS 9,628.00 0.00 9,628.00 AP 00375359 12/01/2016 VILLAGE NURSERIES WHOLESALE LP 2,039.47 0.00 2,039.47 AP 00375360 12/01/2016 VISION COMMUNICATIONS CO 360.00 0.00 360.00 AP 00375361 12/01/2016 WALTERS WHOLESALE ELECTRIC CO 4,366.61 374.75 4,741.36 *** AP 00375362 12/01/2016 WAWANESA 2,333.95 0.00 2,333.95 User: VLOPEZ - VERONICA LOPEZ Page: 3 Current Date: 12/07/2016 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait 1 Time: 06:46:16 CITY OF RANCHO CUCAMONGA P4 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 11/29/2016 through 12/6/2016 Check No. Check Date Vendor Name City Fire Amount All 00375363 12/01/2016 WAXIE SANITARY SUPPLY 5,698.25 0.00 5,698.25 AP 00375364 12/01/2016 WESTRUX INTERNATIONAL INC 270.00 0.00 270.00 AP 00375366 12/01/2016 FRONTIER COMM 5,741.78 2,500.43 8,242.21 *** AP 00375367 12/01/2016 SCHNEIDER, DANIEL 2,300.00 0.00 2,300.00 AP 00375373 12/01/2016 BRODART BOOKS 5,888.76 0.00 5,888.76 AP 00375374 12/01/2016 CALSENSE 14,106.02 0.00 14,106.02 AP 00375375 12/01/2016 EMCOR SERVICE 7,382.00 0.00 7,382.00 AP 00375376 12/01/2016 EWING IRRIGATION PRODUCTS 1,614.94 0.00 1,614.94 AP 00375377 12/01/2016 FASTENAL COMPANY 289.79 0.00 289.79 AP 00375378 12/01/2016 FORD OF UPLAND INC 2,300.56 0.00 2,300.56 AP 00375379 12/01/2016 HOLLIDAY ROCK CO INC 2,656.96 0.00 2,656.96 AP 00375380 12/01/2016 INLAND VALLEY DAILY BULLETIN 930.00 0.00 930.00 AP 00375381 12/01/2016 LIMS AUTO INC 5,547.45 0.00 5,547.45 AP 00375382 12/01/2016 ORKIN PEST CONTROL 239.00 0.00 239.00 AP 00375383 12/01/2016 SIMPLOT PARTNERS 1,706.06 0.00 1,706.06 AP 00375384 12/01/2016 SUNRISE FORD 277.50 0.00 277.50 AP 00375385 12/01/2016 TARGET SPECIALTY PRODUCTS 5,416.90 0.00 5,416.90 AP 00375386 12/01/2016 VISTA PAINT 559.03 0.00 559.03 Total City: $3,787,963.96 Total Fire: $32,327.82 Grand Total: $3,820,291.78 Note• *** Check Number includes both City and Fire District expenditures User: VLOPEZ - VERONICA LOPEZ Page: 4 Current Date: 12/07/2016 Report: CK—AGENDA—REG- PORTRAIT CONSOLIDATED - CK: Agenda Check Register Portrait I Time: 06:46:16 P5 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Electronic Debit Register November 1, 2016 - November 30, 2016 DATE DESCRIPTION CITY FIRE AMOUNT 11/1 CALPERS - City - Retirement Account Deposit 39,753.81 39,753.81 11/1 CALPERS - City - Retirement Account Deposit 203,347.98 203,347.98 11/1 U.S. BANK - Purchasing Card Payment - November 2015 26,246.35 26,246.35 11/1 U.S. BANK - Corporate Card Payment - November 2015 71,988.64 71,988.64 11/1 Workers Comp - City Account Transfer 6,676.07 6,676.07 1111 Workers Comp - Fire Account Transfer 363.10 363.10 1112 AUTHNET GATEWAY BILLING CCD 93211171 56.10 56.10 1112 Workers Comp - City Account Transfer 2,681.27 2,681.27 11/2 Workers Comp - Fire Account Transfer 548.85 548.85 11/3 Workers Comp - City Account Transfer 1,412.69 1,412.69 11/3 Workers Comp - Fire Account Transfer 1,987.17 1,987.17 11/4 CALPERS - City - Retirement Account Deposit 500.00 500.00 11/4 CALPERS - City - Retirement Account Deposit 5,541.63 5,541.63 11/4 CALPERS - City - Retirement Account Deposit 6,150.33 6,150.33 1114 Workers Comp - City Account Transfer 251.63 251.63 11/4 Workers Comp - Fire Account Transfer 12.00 12.00 1117 Workers Comp - City Account Transfer 4,252.51 4,252.51 11/7 Workers Comp - Fire Account Transfer 880.47 880.47 11/8 STATE DISBURSEMENT UNIT - Child Support Payments 5,224.17 5,224.17 11/8 Workers Comp - Fire Account Transfer 93.34 93.34 1119 CALPERS - City - Retirement Account Deposit 40,402.23 40,402.23 1119 CALPERS - City - Retirement Account Deposit 203,828.22 203,828.22 11/9 CALPERS - Fire - Retirement Account Deposit 1,124.99 1,124.99 11/9 CALPERS - Fire - Retirement Account Deposit 1,847.25 1,847.25 11/9 CALPERS - Fire - Retirement Account Deposit 5,495.29 5,495.29 11/9 CALPERS - Fire - Retirement Account Deposit 6,046.68 6,046.68 1119 CALPERS - Fire - Retirement Account Deposit 7,097.63 7,097.63 11/9 CALPERS - Fire - Retirement Account Deposit 109,272.12 109,272.12 11/9 WIRE TRANSFER - To Community Foundation- Golf Tournament 5,366.01 5,366.01 11/9 STATE DISBURSEMENT UNIT - Child Support Payments 1,788.83 1,788.83 11/9 Workers Comp - City Account Transfer 92.50 92.50 1119 Workers Comp - Fire Account Transfer 98482 984.82 11/10 Workers Comp - City Account Transfer 2,656.55 2,656.55 11/14 WIRE TRANSFER - To California ISO 65,240.24 65,240.24 11/14 Workers Comp - City Account Transfer 8,839.52 8,839.52 11/14 Workers Comp - Fire Account Transfer 76589 765.89 11/15 Workers Comp - City Account Transfer 1,401.40 1,401.40 11/15 Workers Comp - Fire Account Transfer 3,555.67 3,555.67 11/16 Workers Comp - City Account Transfer 1,476.40 1,476.40 11/17 Workers Comp - City Account Transfer 228.89 228.89 11/17 Workers Comp - Fire Account Transfer 13,660.61 13,660.61 11118 Workers Comp - City Account Transfer 24,398.86 24,398.86 11/18 Workers Comp - Fire Account Transfer 5.27488 5,274.88 11/21 WIRE TRANSFER - To California ISO 3,580.82 3,580.82 11/21 Workers Comp - City Account Transfer 1,084.77 1,084.77 11121 Workers Comp - Fire Account Transfer 3,00092 3,000.92 11/22 Workers Comp - City Account Transfer 143.45 143.45 11/22 Workers Comp - Fire Account Transfer 22.53 22.53 11/23 CALPERS - City - Retirement Account Deposit 40,536 82 40,536.82 11/23 CALPERS - City - Retirement Account Deposit 201,992 51 201,992.51 11/23 STATE DISBURSEMENT UNIT - Child Support Payments 6,829.19 6,829.19 11/23 STATE DISBURSEMENT UNIT - Child Support Payments 1,78883 1,788.83 11123 Workers Comp - City Account Transfer 5,85683 5,856.83 11/23 Workers Comp - Fire Account Transfer 990.96 990.96 11/25 CALPERS - Fire - Retirement Account Deposit 1,094.15 1,094.15 11125 CALPERS - Fire - Retirement Account Deposit 1,799.18 1,799.18 11/25 CALPERS - Fire - Retirement Account Deposit 5,829.73 5,829.73 11/25 CALPERS - Fire - Retirement Account Deposit 6,046.70 6,046.70 11/25 CALPERS - Fire - Retirement Account Deposit 7,482.05 7,482.05 1 9.1 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Electronic Debit Register November 1, 2016 - November 30, 2016 DATE DESCRIPTION CITY FIRE AMOUNT 11/25 CALIPERS - Fire - Retirement Account Deposit 109,272 11 109.272.11 11/25 Workers Comp - City Account Transfer 373.74 373.74 11/25 ANALYSIS DEFICIT - Bank Fee October 2016 28,063.04 28,063.04 11/28 WIRE TRANSFER - To California ISO 18,731.34 18,731.34 11/28 Workers Comp - City Account Transfer 6,234.51 6,234.51 11/28 Workers Comp - Fire Account Transfer 7,07999 7,079.99 11/29 Workers Comp - City Account Transfer 520.38 520.38 11/29 Workers Comp - Fire Account Transfer 11857 118.57 11/30 Workers Comp - City Account Transfer 559.92 559.92 11/30 Workers Comp - Fire Account Transfer 54893 548.93 Total City $ 1,034,045.62 Total Fire $ 314,349.94 GRAND TOTAL $ 1,348,395.56 P7 STAFF REPORT ADMINISTRATIVE SERVICES GROUP Date: December 15, 2016 To: President and Members of the Board of Directors John R. Gillison, City Manager From: Lori Sassoon, Deputy City Manager/Administrative Services By: Robert Neiuber, Human Resources Director . ,' ! RANCHO ,UCAMONGA Subject: CONSIDERATION OF APPROVAL OF A RESOLUTION ADOPTING FIRE DISTRICT SALARY SCHEDULES FOR FISCAL YEAR 2016/17. RECOMMENDATION It is recommended that the Fire Board of the Rancho Cucamonga Fire Protection District adopt the attached resolution approving the Fiscal Year 2016/17 salary schedules for job classifications employed by the Fire District, including the amending of certain classifications. BACKGROUND The Fire Board traditionally adopts salary resolutions biannually for those classifications employed by the Fire District. These resolutions are updated to reflect changes in salaries, additions, and deletions of classifications, changes in job titles and other terms of employment. The resolution adopts the following changes: Increase in the part-time Fire Prevention Assistant position and the part-time Fire Clerk positions' bottom steps to $10.50 as of January 1, 2017 in order to comply with the State of California minimum wage law. • Increase in the maximum step amount for the Fire Support position of Emergency Medical Services Administrator to move towards equity with surrounding City's Emergency Medical Services positions and help attract qualified applicants for future recruitments. AttarhmPnt 1. Resolution No. FD16-031 2. Salary Schedule for Fire Management Group Classifications 3. Salary Schedule for Fire Union Job Classifications 4. Salary Schedule for Fire Support Services Association Job Classifications 5. Salary Schedule for Fire District Part -Time Job Classifications RESOLUTION NO. FD 16-031 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, APPROVING SALARY SCHEDULES FOR FISCAL YEAR 2016-17. WHEREAS, the Board of Directors of the Rancho Cucamonga Fire Protection District has determined that it is necessary for the efficient operation and management of the District that policies be established prescribing salary ranges, benefits and holidays and other policies for employees of the Rancho Cucamonga Fire Protection District; and WHEREAS, the Board of Directors of the Rancho Cucamonga Fire Protection District has previously adopted salary resolutions that established salary ranges, benefits and other terms of employment for employees of the Rancho Cucamonga Fire Protection District; and WHEREAS, the Board of Directors of the Rancho Cucamonga Fire Protection District recognizes that it is necessary from time to time to amend the salary resolution to accommodate changes in position titles, classifications salary ranges, benefits and other terms of employment; and NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Rancho Cucamonga Fire Protection District, Rancho Cucamonga, California to approve the attached salary schedules for the Fire Union, Fire Management Employees Group, Fire Support Services Association, and Part -Time Fire District positions (Attachments 1-4) effective January 1, 2017. 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Step E) A B C D E F G FIRE CAPTAIN 27.64 29.02 30.47 32.00 33.59 35.27 37.04 Hourly 160.36 3,095.51 3,250.29 3,412.80 3,583.44 3,762.61 3,950.74 4,148.28 Bi -Weekly 347.44 6,706.94 7,042.29 7,394.40 7,764.12 8,152.33 8,559.95 8,987.94 Monthly FIRE CAPTAIN 27.64 29.02 30.47 32.00 33.59 35.27 37.04 Hourly SPECIALIST 3,095.51 3,250.29 3,412.80 3,583.44 3,762.61 3,950.74 4,148.28 Bi -Weekly Bi -Weekly 6,706.94 7,042.29 7,394.40 7,764.12 8,152.33 8,559.95 8,987.94 Monthly FIRE ENGINEER 23.56 24.74 25.97 27.27 28.64 30.07 31.57 Hourly 3.12 2,638.52 2,770.45 2,908.97 3,054.42 3,207.14 3,367.50 3,535.87 Bi -Weekly 349.92 5,716.80 6,002.64 6,302.77 6,617.91 6,948.81 7,296.25 7,661.06 Monthly FIREFIGHTER 20.59 21.62 22.70 23.83 25.03 26.28 27.59 Hourly 2,306.00 2,421.31 2,542.37 2,669.49 2,802.96 2,943.11 3,090.27 Bi -Weekly Hourly 4,996.34 5,246.16 5,508.47 5,783.89 6,073.09 6,376.74 6,695.58 Monthly FIRE INSPECTOR 23.56 24.74 25.97 27.27 28.64 30.07 31.57 Hourly Monthly 2,638.52 2,770.45 2,908.97 3,054.42 3,207.14 3,367.50 3,535.87 Bi -Weekly 0.72 5,716.80 6,002.64 6,302.77 6,617.91 6,948.81 7,296.25 7,661.06 Monthly FIELD TRAINING OFFICER 27.64 29.02 30.47 32.00 33.59 35.27 37.04 Hourly 173.72 3,095.51 3,250.29 3,412.80 3,583.44 3,762.61 3,950.74 4,148.28 Bi -Weekly 6,706.94 7,042.29 7,394.40 7,764.12 8,152.33 8,559.95 8,987.94 Monthly HAZARDOUS MATERIAL STIPEND (5% of Fire Enqr. Step E) 1.43 1.43 1.43 1.43 1.43 1.43 1.43 Hourly 160.36 160.36 160.36 160.36 160.36 160.36 160.36 Bi -Weekly 347.44 347.44 347.44 347.44 347.44 347.44 347.44 Monthly PARAMEDIC STIPEND (13.92% of Fire Enqr. Step E) 3.99 3.99 3.99 3.99 3.99 3.99 3.99 Hourly 446.43 446.43 446.43 446.43 446.43 446.43 446.43 Bi -Weekly 967.27 967.27 967.27 967.27 967.27 967.27 967.27 Monthly FIELD TRAINING OFFICER STIPEND (9.3% of Fire Capt. Step E) 3.12 3.12 3.12 3.12 3.12 3.12 3.12 Hourly 349.92 349.92 349.92 349.92 349.92 349.92 349.92 Bi -Weekly 758.17 758.17 758.17 758.17 758.17 758.17 758.17 Monthly TECHNICAL RESCUE STIPEND (5% of Fire Enqr. Step E) 1.43 1.43 1.43 1.43 1.43 1.43 1.43 Hourly 160.36 160.36 160.36 160.36 160.36 160.36 160.36 Bi -Weekly 347.44 347.44 347.44 347.44 347.44 347.44 347.44 Monthly TERRORISM LIAISON OFFICER STIPEND (2.5% of Fire Enqr. Step E) 0.72 0.72 0.72 0.72 0.72 0.72 0.72 Hourly 80.18 80.18 80.18 80.18 80.18 80.18 80.18 Bi -Weekly 173.72 173.72 173.72 173.72 173.72 173.72 173.72 Monthly BA, BS, or Fire Officer Certification 1.31 1.31 1.31 1.31 1.31 1.31 1.31 Hourly 146.31 146.31 146.31 146.31 146.31 146.31 146.31 Bi -Weekly 317.00 317.00 317.00 317.00 317.00 317.00 317.00 Monthly MA. MS or Chief Officer Certification 1.96 1.96 1.96 1.96 1.96 1.96 1.96 Hourly 219.23 219.23 219.23 219.23 219.23 219.23 219.23 Bi -Weekly 475.00 475.00 475.00 475.00 475.00 475.00 475.00 Monthly Resolution No. FD 16-031 FIRE SUPPORT SERVICES ASSOCIATION SALARY SCHEDULE AS OF JANUARY 1, 2017 P11 FIRE EQUIPMENT LEAD MECHANIC 25.60 26.88 28.23 29.64 31.12 32.67 Hourly 2,048.12 2,150.52 2,258.05 2,370.95 2,489.50 2,613.98 Bi -Weekly 4437.59 4659.47 4892.44 5137.06 5393.92 5,663.62 Monthly FIRE EQUIPMENT MECHANIC 23.22 A B C D E F 1,857.70 1,950.59 2,048.12 2,150.53 2,258.05 2,370.96 Bi -Weekly COMMUNICATIONS TECHNICIAN 24.38 25.60 26.88 28.23 29.64 31.12 Hourly 24.29 1,950.59 2,048.12 2,150.52 2,258.05 2,370.96 2,489.50 Bi -Weekly 2,040.64 4,226.27 4,437.60 4,659.47 4,892.44 5,137.07 5,393.93 Monthly EMERGENCY MANAGEMENT 34.90 36.69 38.56 40.53 42.39 44.51 Hourly COORDINATOR 2,792.07 2,934.86 3,084.95 3,242.72 3,391.59 3,561.17 Bi -Weekly 39.21 6,049.00 6,359.00 6,684.00 7,026.00 7,348.00 7,715.40 Monthly EMERGENCY MEDICAL SERVICES 47.46 49.84 52.33 54.95 57.69 60.58 Hourly ADMINISTRATOR 3,797.09 3,986.94 4,186.29 4,395.60 4,615.38 4,846.15 Bi -Weekly 39.21 8,227.02 8,638.37 9,070.29 9,523.81 10,000.00 10,500.00 Monthly FIRE EQUIPMENT APPRENTICE 18.58 19.51 20.48 21.51 22.58 23.71 Hourly MECHANIC 1,486.16 1,560.47 1,638.49 1,720.42 1,806.44 1,896.77 Bi -Weekly 3,220.02 3,381.02 3,550.07 3,727.58 3,913.96 4,109.66 Monthly FIRE EQUIPMENT LEAD MECHANIC 25.60 26.88 28.23 29.64 31.12 32.67 Hourly 2,048.12 2,150.52 2,258.05 2,370.95 2,489.50 2,613.98 Bi -Weekly 4437.59 4659.47 4892.44 5137.06 5393.92 5,663.62 Monthly FIRE EQUIPMENT MECHANIC 23.22 24.38 25.60 26.88 28.23 29.64 Hourly 1,857.70 1,950.59 2,048.12 2,150.53 2,258.05 2,370.96 Bi -Weekly 4,025.02 4,226.27 4,437.59 4,659.47 4,892.45 5,137.07 Monthly FIRE INFORMATION SYSTEMS 23.14 24.29 25.51 26.78 28.12 29.53 Hourly TECHNICIAN 1,850.93 1,943.47 2,040.64 2,142.68 2,249.81 2,362.30 Bi -Weekly 4,010.34 4,210.85 4,421.40 4,642.47 4,874.59 5,118.32 Monthly FIRE PREVENTION SPECIALIST 24.49 25.72 27.00 28.35 29.77 31.26 Hourly INSPECTION 1 1,959.35 2,057.32 2,160.19 2,268.20 2,381.61 2,500.69 Bi -Weekly 4,245.26 4,457.52 4,680.40 4,914.42 5,160.15 5,418.15 Monthly FIRE PREVENTION SPECIALIST 27.00 28.35 29.77 31.26 32.82 34.46 Hourly INSPECTION II 2,160.18 2,268.19 2,381.60 2,500.69 2,625.72 2,757.00 Bi -Weekly 4,680.40 4,914.42 5,160.14 5,418.16 5,689.06 5,973.51 Monthly FIRE PREVENTION SUPERVISOR 30.72 32.26 33.87 35.56 37.34 39.21 Hourly 2,457.74 2,580.63 2,709.66 2,845.14 2,987.40 3,136.77 Bi -Weekly 5,325.11 5,591.36 5,870.93 6,164.48 6,472.70 6,796.34 Monthly FIRE SHOP SUPERVISOR 30.72 32.26 33.87 35.56 37.34 39.21 Hourly 2,457.74 2,580.63 2,709.66 2,845.14 2,987.40 3,136.77 Bi -Weekly 5,325.11 5,591.36 5,870.93 6,164.48 6,472.70 6,796.34 Monthly P12 FIRE SUPPORT SERVICES ASSOCIATION SALARY SCHEDULE AS OF JANUARY 1, 2017 A B C D E F MAINTENANCE OFFICER 34.92 36.67 38.50 40.42 42.45 44.57 Hourly 2,793.57 2,933.25 3,079.92 3,233.91 3,395.61 3,565.39 Bi -Weekly 6,052.74 6,355.38 6,673.15 7,006.81 7,357.16 7,725.02 Monthly MANAGEMENT AIDE 24.01 25.24 26.53 27.88 29.16 30.62 Hourly 1,920.76 2,018.98 2,122.24 2,230.77 2,333.18 2,449.84 Bi -Weekly 4,164.00 4,377.00 4,601.00 4,836.00 5,058.00 5,310.90 Monthly MANAGEMENT ANALYST 1 27.88 29.31 30.81 32.39 33.87 35.56 Hourly 2,230.77 2,344.85 2,464.76 2,590.81 2,709.76 2,845.25 Bi -Weekly 4,833.00 5,080.00 5,340.00 5,613.00 5,871.00 6,164.55 Monthly MANAGEMENT ANALYST II 32.06 33.70 35.43 37.24 38.95 40.90 Hourly 2,565.09 2,696.28 2,834.17 2,979.11 3,115.88 3,271.67 Bi -Weekly 5,557.00 5,842.00 6,140.00 6,454.00 6,751.00 7,088.55 Monthly MANAGEMENT ANALYST III 34.90 36.69 38.56 40.53 42.39 44.51 Hourly 2,792.07 2,934.86 3,084.95 3,242.72 3,391.59 3,561.17 Bi -Weekly 6,049.00 6,359.00 6,684.00 7,026.00 7,348.00 7,715.40 Monthly OFFICE SERVICES CLERK 16.85 17.71 18.62 19.57 20.47 21.49 Hourly 1,347.98 1,416.91 1,489.37 1,565.54 1,637.41 1,719.28 Bi -Weekly 2,922.00 3,072.00 3,229.00 3,394.00 3,550.00 3,727.50 Monthly OFFICE SPECIALIST 1 15.25 16.03 16.85 17.71 18.52 19.45 Hourly 1,220.00 1,282.39 1,347.98 1,416.91 1,481.96 1,556.06 Bi -Weekly 2,645.00 2,780.00 2,922.00 3,072.00 3,213.00 3,373.65 Monthly OFFICE SPECIALIST II 16.85 17.71 18.62 19.57 20.47 21.49 Hourly 1,347.98 1,416.91 1,489.37 1,565.54 1,637.41 1,719.28 Bi -Weekly 2,922.00 3,072.00 3,229.00 3,394.00 3,550.00 3,727.50 Monthly PLANS EXAMINER - FIRE 32.08 33.68 35.37 37.13 38.99 40.94 Hourly 2,566.22 2,694.54 2,829.26 2,970.73 3,119.26 3,275.22 Bi -Weekly 5,560.15 5,838.16 6,130.07 6,436.57 6,758.39 7,096.31 Monthly PUBLIC EDUCATION 27.00 28.35 29.77 31.26 32.82 34.46 Hourly SPECIALIST 2,160.18 2,268.19 2,381.60 2,500.69 2,625.72 2,757.01 Bi -Weekly 4,680.40 4,914.42 5,160.14 5,418.16 5,689.06 5,973.51 Monthly SECRETARY 19.09 20.04 21.04 22.09 23.20 24.36 Hourly 1,526.81 1,603.15 1,683.31 1,767.47 1,855.85 1,948.64 Bi -Weekly 3,308.09 3,473.50 3,647.17 3,829.53 4,021.00 4,222.06 Monthly SENIOR ADMINISTRATIVE 24.49 25.73 27.01 28.36 29.77 31.26 Hourly SECRETARY 1,959.30 2,057.26 2,160.12 2,268.13 2,381.54 2,500.62 Bi -Weekly 4,245.15 4,457.40 4,680.27 4,914.29 5,160.00 5,418.00 Monthly P13 Resolution No. FD 16-031 FIRE DISTRICT PART-TIME HOURLY SALARY SCHEDULE AS OF JANUARY 1, 2017 A B C D E F COMMUNICATIONS TECHNICIAN 24.38 25.60 26.88 28.23 29.64 31.12 Hourly EMERGENCY MEDICAL SERVICES 41.14 43.20 45.36 47.62 50.01 52.51 Hourly QUALITY IMPROVEMENT NURSE FIRE CLERK 10.54 10.75 11.29 11.85 12.45 13.07 Hourly FIRE EQUIPMENT MECHANIC 23.22 24.38 25.60 26.88 28.23 29.64 Hourly FIRE INFORMATION SYSTEMS 23.14 24.29 25.51 26.78 28.12 29.53 Hourly TECHNICIAN FIRE PREVENTION ASSISTANT 10.54 10.75 11.29 11.85 12.45 13.07 Hourly TEMPORARY/PART-TIME FIRE PREVENTION SPECIALIST 24.49 25.72 27.00 28.35 29.77 31.26 Hourly INSPECTION I MANAGEMENT AIDE 24.01 25.24 26.53 27.88 29.16 30.62 Hourly MANAGEMENT ANALYST 1 27.88 29.31 30.81 32.39 33.87 35.56 Hourly OFFICE SERVICES CLERK 16.85 17.71 18.62 19.57 20.47 21.49 Hourly OFFICE SPECIALIST 1 15.25 16.03 16.85 17.71 18.52 19.45 Hourly OFFICE SPECIALIST II 16.85 17.71 18.62 19.57 20.47 21.49 Hourly PLANS EXAMINER - FIRE 32.08 33.68 35.37 37.13 38.99 40.94 Hourly QUALITY IMPROVEMENT 27.79 29.18 30.64 32.17 33.78 35.47 Hourly SPECIALIST STAFF REPORT PLANNING DEPARTMENT Date: December 15, 2016 To: Mayor and Members of the City Council Chair and Members of the Board John R. Gillison, City Manager From: Flavio Nunez, Management Analyst II P14 l t RANCHO UCAMONGA Subject: Review and approval of the Housing Successor's Fiscal Year 2015/16 Annual Report RECOMMENDATION Staff recommends that the Housing Successor Agency approve the Annual Report for Fiscal Year 2015/16, authorize staff to make administrative changes to the Annual Report upon completion of the CAFR, and authorize the transmittal of the Annual Report to the appropriate State agencies. BACKGROUND/ANALYSIS Pursuant to SB 341 a Housing Successor Agency is required to file an Annual Report of its activities within six months of the Agency's fiscal year end. This report is required to contain the following information: The amount deposited to the Low Moderate Income Housing Asset Fund (LMIHAF), distinguishing and amounts deposited for items listed on the ROPS. 2. A statement of the balance in the LMIHAF as the close of the fiscal year, distinguishing any amounts held for items listed on the ROPS. 3. A description of expenditures from the LMIHAF by category, including, but not limited to expenditures for (a) monitoring and preserving the long-term affordability of units subject to affordability restrictions or covenants and administrative expenses; (b) homeless prevention and rapid re -housing services; and (c) development of affordable housing. 4. The statutory value of real property owned by the housing successor, the value of loans and grants receivable, and the sum of these two amounts. 5. A description of any transfers of LMIHAF funds made to another housing successor in the previous fiscal year. 6. A description of any project for which the Housing Successor receives or holds property tax revenue pursuant to the ROPS and the status of that project. 7. For interests in real property acquired by the former agency prior to February 1, 2012, a status update on compliance with Section 33334.16. For interest in real property acquired by the Housing Successor on or after February 1, 2012, a status update on the project. P15 REVIEW AND APPROVAL OF THE HOUSING SUCCESSOR'S FISCAL YEAR 2014/15 ANNUAL REPORT PAGE 2 8. A description of any outstanding obligation pursuant to Section 33413 that remained to transfer to the Housing Successor on February 1, 2012, the Housing Successor's plans to meet unmet obligations. 9. Housing Successor mush determine the % of housing for seniors and person of all ages within the previous 10 -years. Senior housing units may not exceed 50% of the total units restricted. 10. The amount of excess surplus, the amount of time the Housing Successor has had excess surplus, and the Housing Successor's plan for eliminating the excess surplus. The Annual Report for Fiscal Year 2015/16 is being transmitted to the Housing Successor Agency in accordance with the applicable legislation, and contains all of the required information as outlined above. Following the approval by the Housing Successor, the report will be sent to the appropriate State agencies for review. J HOUSING SUCCESSOR AGENCY ANNUAL REPORT 1-1 4 lei t Villaggio on Route 66 Affordable Housing Cucamonga P17 1.) The amount deposited to the LMIHAF, distinguishing any amounts deposited for items listed on the ROPS great A total of $4,936,777 was deposited to the LMIHAF during Fiscal Year 2015/16. The deposits primarily consisted of a 2007 housing bond transfer and residual receipts associated with the payments on loans related to the development of low and moderate income multi -family housing financed by the former Redevelopment Agency, as well as loan payoffs of first-time homebuyer loans, and loan payoff of equity distributions. 2.) A statement of the balance in the LMIHAF as the close of the fiscal year, distinguishing any amounts held for items listed on the ROPS. As of the close of Fiscal Year 2015/16 the LMIHAF ended with a balance of $133,591.281. 3.) A description of expenditures from the LMIHAF by category, including, but not limited to, expenditures for (a) monitoring and preserving the long-term affordability of units subject to affordability restrictions or covenants and administrative expenses; (b) homeless prevention and rapid re -housing services; and (c) development of affordable housing. ACTIVITY EXPENDITURE Administrative Costs - Homeless Prevention $100,656.00 Affordable Housing Development $ 6,350,000 4.) The statutory value of real property owned by the Housing Successor, the value of loans and grants receivable, and the sum of these two amounts. LOAN NAME/DESCRIPTION/PROPERTY ENDING BALANCE FAIR VALUE OF LAND SECURED BY LOAN NHDC (San Sevaine Villas) $ 9,039,503.00 N/A Woodhaven Manor $ 11,328,120.84 N/A Villa Pacifica $ 3,135,969.13 N/A LINC-Pepperwood $ 25,303,849.08 N/A Rancho Verde Village East $ 7,171,327.49 N/A Heritage Pointe $ 1,994,887.10 N/A Olen Jones $ 4,303,415.00 N/A Villa Del Norte $ 9,621,680.69 N/A Villaggio on Route 66 $ 10,365,187.38 N/A First -Time Homebuyer Program $ 3,800,198.00 N/A Total S 86,064,137.71 5.) A description of any transfers of LMIHAF funds made to another Housing Successor in the previous fiscal year. There have been no transfers of LMIHAF funds to any other Housing Successor in the previous fiscal year. 6.) A description of any project for which the housing successor receives or holds property tax revenue pursuant to the ROPS and the status of that project. There are no projects which the Housing Successor receives or holds property tax revenue pursuant to the ROPS. 7.) For interests in real property acquired by the former agency prior to February 1, 2012, a status update on compliance with Section 33334.16. For interest in real property acquired by the Housing Successor on or after February 1, 2012, a status update on the project. In July 2014 the Housing Successor Agency acquired a 2.5 acre property for the purpose of constructing a 60 -unit senior affordable rental housing complex. The project affordability agreement provides for 59 of the 60 1 -and -2 bedroom units to be restricted to income eligible seniors. The project has received all entitlement approvals submitted for 9% tax credits in 2015 and 2016 but did not receive an allocation. Per the Agreement, the developer will submit again for tax credits in 2017 in order to receive the needed funding to construct the project. P19 8.) A description of any outstanding obligation pursuant to Section 33413 that remained to transfer to the housing successor on February 1, 2012, the Housing Successor's progress in meeting these obligations, and the Housing Successor's plans to meet unmet obligations. There is no outstanding obligation that had been transferred to the Housing Successor Agency on February 1, 2012. 9.) Housing Successor must determine the % of housing for seniors and persons of all ages within the previous 10 -years. Senior housing units may not exceed 50% of the total units restricted. Housing Projects Completed Within the Last 10 -years (2005-2015) PROJECT TYPE # OF UNITS San Sevaine Family 223 Pepperwood Family 228 Villaggio on Rt. 66 Family 131 Total 582 [INTENTIONALLY LEFT BLANK] P20 Previous Affordable Housing Accomplishments Prior to 2005 PROJECT TYPE # OF UNITS Las Casitas Family 14 Rancho Verde Family 104 Rancho Verde East Family 40 Monterey Village Family 110 Sycamore Springs Family 96 Sunset Heights Family 116 Villa Pacifica Senior 158 Heritage Pointe Senior 48 Olen Jones Senior 96 Total 782 10.) The amount of excess surplus, the amount of time the Housing Successor has had excess surplus, and the Housing Successor's plan for eliminating the excess surplus. At the start of this reporting Fiscal Year the Housing Successor Agency opened with a balance of $133,591,281.00. The Housing Successor has ended this reporting Fiscal Year with no excess surplus. P21 COMPUTATION OF LOW AND MODERATE INCOME HOUSING FUND EXCESS/SURPLUS Low and Moderate Low and Moderate Housing Funds Housing Funds All Project Area All Project Area July 1, 2015 July 1, 2016 Opening Fund Balance Less Unavailable Amounts: Land held for resale Loans receivable Contractual obligations Prepaid expenses Available Housing Successor Funds Limitation (greater of $1000,000 or four years deposits) Aggregate amount deposited for last four years: 2015-2016 2014-2015 2013-2014 2012-2013 2011-2012 Total $ 2,420,893 $ 1,000,000 $ (2,354.400) (118,349,772) (2,010,908) (7,300) N/A 541,719 1,070.802 411.672 Base Limitation Greater amount $124,943,671 $133,591,281 $ (6.350.000) (118,1967698 ) (6,210.908) (6,200) (122,717,980) (130,763,806) 2,225,691 2,827,475 4,936.777 541,719 1,070.802 411.672 $ 6,960,970 $ 1,000,000 Computed Excess/Surplus None None P22 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 11/29/2016 through 12/6/2016 Check No. Check Date Vendor Name Cltv Fire Amount AP 00006666 12/01/2016 CHAFFEY JOINT UNION HS DISTRICT 879.24 0.00 879.24 AP 00006667 12/01/2016 MONTEREY INTERNATIONAL TALENT AGENCY INC 11,625.00 0.00 11,625.00 AP 00006668 12/01/2016 SAN BERNARDINO CTY SHERIFFS DEPT 3,053,592.41 0.00 3,053,592.41 AP 00006669 12/01/2016 SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY 111.12 0.00 111.12 AP 00006670 12/01/2016 VIASYN INC 4,446.11 0.00 4,446.11 AP 00375216 12/01/2016 ACEY DECY EQUIPMENT INC. 361.88 0.00 361.88 AP 00375217 12/01/2016 ACTION AWARDS INC. 1,677.66 0.00 1,677.66 AP 00375218 12/01/2016 ALL CITIES TOOLS 56.16 0.00 56.16 AP 00375219 12/01/2016 ALTA VISTA MOBILE HOME PARK 600.00 0.00 600.00 AP 00375220 12/01/2016 APPLIED METERING TECHNOLOGIES INC 12,654.00 0.00 12,654.00 AP 00375221 12/01/2016 ARCHITERRA DESIGN GROUP 0.00 189313.25 18,313.25 AP 00375222 12/01/2016 AT&T 472.42 0.00 472.42 AP 00375223 12/01/2016 BIA - BALDY VIEW CHAPTER 299.00 0.00 299.00 AP 00375224 12/01/2016 BLACKBAUD 900.00 0.00 900.00 AP 00375225 12/01/2016 BSN SPORTS INC. 2,355.67 0.00 2,355.67 AP 00375226 12/01/2016 C V W D 343.41 0.00 343.41 AP 00375227 12/01/2016 C V W D 1,663.61 0.00 1,663.61 AP 00375231 12/01/2016 C V W D 45,647.73 490.45 46,138.18 *** AP 00375232 12/01/2016 CA LLC - DBA ALTA LAGUNA MHP 900.00 0.00 900.00 AP 00375233 12/01/2016 CACEO 340.00 0.00 340.00 AP 00375234 12/01/2016 CALIFORNIA BUILDING OFFICIALS 45.00 0.00 45.00 AP 00375235 12/01/2016 CARQUEST AUTO PARTS 658.30 257.88 916.18 *** AP 00375236 12/01/2016 CASA VOLANTE MOBILE HOME PARK 1,200.00 0.00 1,200.00 AP 00375237 12/01/2016 CHAPARRAL HEIGHTS MOBILE HOME PARK 700.00 0.00 700.00 AP 00375238 12/01/2016 CHARTER COMMUNICATIONS 0.00 536.88 536.88 AP 00375239 12/01/2016 CINTAS CORPORATION # 150 0.00 72.74 72.74 AP 00375240 12/01/2016 CLIENT FIRST CONSULTING GROUP 18,657.50 0.00 18,657.50 AP 00375241 12/01/2016 CMRTA 50.00 0.00 50.00 AP 00375242 12/01/2016 COMP U ZONE 702.06 0.00 702.06 AP 00375243 12/01/2016 CORODATA MEDIA STORAGE INC 1,068.36 0.00 1,068.36 AP 00375244 12/01/2016 CORPORATE WAREHOUSE SUPPLY 579.85 0.00 579.85 AP 00375245 12/01/2016 CPRS 145.00 0.00 145.00 AP 00375246 12/01/2016 D & D SERVICES INC. 430.00 0.00 430.00 AP 00375247 12/01/2016 DE LEON, REGGIE 90.00 0.00 90.00 AP 00375248 12/01/2016 DIAMOND ENVIRONMENTAL SERVICES 263.04 0.00 263.04 AP 00375249 12/01/2016 DUMBELL MAN FITNESS EQUIPMENT, THE 6,996.00 0.00 6,996.00 AP 00375250 12/01/2016 ECOLAB INC. 412.56 0.00 412.56 AP 00375251 12/01/2016 EIGHTH AVENUE ENTERPRISE LLC 0.00 159.84 159.84 AP 00375252 12/01/2016 EL TIO ALEX CATERING 300.00 0.00 300.00 AP 00375253 12/01/2016 FACTORY MOTOR PARTS 0.00 496.11 496.11 AP 00375254 12/01/2016 FAVELA, RICHARD 40.00 0.00 40.00 AP 00375255 12/01/2016 FCLO MUSIC THEATRE 1,100.00 0.00 1,100.00 AP 00375256 12/01/2016 FLEET SERVICES INC. 0.00 179.97 179.97 AP 00375257 12/01/2016 FLEETPRIDE 0.00 124.62 124.62 AP 00375258 12/01/2016 FOOTHILL MOBILE MANOR 500.00 0.00 500.00 AP 00375259 12/01/2016 G AND M BUSINESS INTERIORS 16,126.35 0.00 16,126.35 AP 00375260 12/01/2016 GOLDEN OAKS VET HOSPITAL 100.00 0.00 100.00 User: VLOPEZ - VERONICA LOPEZ Page: 1 Current Date: 12/07/2016 Report: CK -AGENDA -REG _PORTRAIT-CON SOLI DATED - CK: Agenda Check Register Portrait I Time: 06:46:16 CITY OF RANCHO CUCAMONGA P23 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 11/29/2016 through 12/6/2016 Check No. Check Date Vendor Name Citv Fire Amount AP 00375261 12/01/2016 GOOD YEAR TIRE AND RUBBER CO. 461.43 0.00 461.43 AP 00375262 12/01/2016 GRAINGER 378.69 0.00 378.69 AP 00375263 12/01/2016 GRAPHICS FACTORY INC. 72.14 0.00 72.14 AP 00375264 12/01/2016 HANSHAW, DIANE 311.96 0.00 311.96 AP 00375265 12/01/2016 HOMETOWN AMERICA RAMONA VILLA 1.100.00 0.00 1,100.00 AP 00375266 12/01/2016 IMPRESSIONS GOURMET CATERING 452.09 0.00 452.09 AP 00375267 12/01/2016 IMPRESSIONS GOURMET CATERING 2,023.92 0.00 2,023.92 AP 00375268 12/01/2016 INDUSTRIAL SAFETY SUPPLY CORP 1,993.39 0.00 1,993.39 AP 00375269 12/01/2016 INTER VALLEY HEALTH PLAN 280.00 0.00 280.00 AP 00375270 12/01/2016 JCL TRAFFIC SERVICES 454.14 0.00 454.14 AP 00375271 12/01/2016 KHOURY, ROBERT 7.50 0.00 7.50 AP 00375272 12/01/2016 KUBZANSKY, JESSICA 12066.66 0.00 1,066.66 AP 00375273 12/01/2016 L E H AND ASSOCIATES 6,100.00 0.00 6,100.00 AP 00375274 12/01/2016 LANTAI, KRIS 300.00 0.00 300.00 AP 00375275 12/01/2016 LEDESMA, CHRISTINA 65.22 0.00 65.22 AP 00375276 12/01/2016 LIFE ASSIST INC 0.00 2,211.45 2,211.45 AP 00375277 12/01/2016 LIGHTHOUSE, THE 0.00 62.66 62.66 AP 00375278 12/01/2016 LITTLE BEAR PRODUCTIONS 4,650.00 0.00 4,650.00 AP 00375279 12/01/2016 LU'S LIGHTHOUSE INC 0.00 66.44 66.44 AP 00375280 12/01/2016 LUCAS, DIAMOND 73.67 0.00 73.67 AP 00375281 12/01/2016 MARIPOSA LANDSCAPES INC 662443.41 2,616.57 69,059.98 *** AP 00375282 12/01/2016 MARTINEZ, ALEC 690.80 0.00 690.80 AP 00375283 12/01/2016 MATLOCK ASSOCIATES 1,075.00 0.00 1,075.00 AP 00375284 12/01/2016 MCMASTER CARR SUPPLY COMPANY 123.87 0.00 123.87 AP 00375285 12/01/2016 MEDIWASTE DISPOSAL 35.00 0.00 35.00 AP 00375286 12/01/2016 MEINEKE CAR CARE CENTER 757.56 0.00 757.56 AP 00375287 12/01/2016 MIDWEST TAPE 475.39 0.00 475.39 AP 00375288 12/01/2016 MISSION REPROGRAPHICS 11.34 0.00 11.34 AP 00375289 12/01/2016 MOUNTAIN VIEW SMALL ENG REPAIR 485.18 0.00 485.18 AP 00375290 12/01/2016 MURADIAN, LESLIE 400.00 0.00 400.00 AP 00375291 12/01/2016 NAPA AUTO PARTS 15.17 0.00 15.17 AP 00375292 12/01/2016 NEOPOST USA INC 1,038.96 0.00 1,038.96 A1' 00375293 12/01/2016 NEOPOST USA INC 267.05 0.00 267.05 AP 00375294 12/01/2016 OCCUPATIONAL HEALTH CIRS 017 CA 394.05 0.00 394.05 All 00375296 12/01/2016 OFFICE DEPOT 2.301.79 0.00 2,301.79 AP 00375297 12/01/2016 PASMA 75.00 0.00 75.00 AP 00375298 12/01/2016 PAT -FON SALES CORP 0.00 390.52 390.52 AP 00375299 12/01/2016 PERSONAL BEST 21108.90 0.00 2,108.90 AP 00375300 12/01/2016 PETES ROAD SERVICE INC 1,792.69 0.00 1,792.69 AP 00375301 12/01/2016 PHOENIX GROUP INFORMATION SYSTEMS 37.55 0.00 37.55 AP 00375302 12/01/2016 PINES MOBILE HOME PARK, THE 400.00 0.00 400.00 AP 00375303 12/01/2016 POLICE EXECUTIVE RESEARCH FORUM 200.00 0.00 200.00 AP 00375304 12/01/2016 PRENTICE, IRENE 6.40 0.00 6.40 AP 00375305 12/01/2016 PRIME GLASS 231.20 0.00 231.20 AP 00375306 12/01/2016 PRISTINE UNIFORMS LLC 0.00 28.07 28.07 AP 00375307 12/01/2016 PRO -LINE INDUSTRIAL PRODUCTS INC 520.56 0.00 520.56 AP 00375308 12/01/2016 PROPET DISTRIBUTORS INC 2,055.95 0.00 2,055.95 User: VLOPEZ - VERONICA LOPEZ Page: 2 Current Date: 12/07/2016 Report: CK -AGENDA -REG PORTRAIT-CON SOLIDATED - CK: Agenda Check Register Portrait I Time: 06:46:16 CITY OF RANCHO CUCAMONGA P24 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Aunda Check Resister 11/29/2016 through 12/6/2016 Check No. Check Date Vendor Name Citv Fire Amount AP 00375309 12/01/2016 PSA PRINT GROUP 194.40 0.00 194.40 AP 00375310 12/01/2016 RANCHO DISPOSAL SERVICES INC 180.00 0.00 180.00 AP 00375311 12/01/2016 RANCHO SMOG CENTER 280.00 0.00 280.00 AP 00375312 12/01/2016 RBM LOCK AND KEY SERVICE 338.75 0.00 338.75 AP 00375313 12/01/2016 RICHARDS WATSON AND GERSHON 42,208.68 0.00 42,208.68 AP 00375314 12/01/2016 ROSAS, LIRIO 82.52 0.00 82.52 AP 00375315 12/01/2016 ROTO ROOTER 495.00 0.00 495.00 AP 00375316 12/01/2016 RSB GROUP INC 152,858.36 0.00 152,858.36 AP 00375317 12/01/2016 RUGG, KEVIN 199.00 0.00 199.00 AP 00375318 12/01/2016 SALAZAR, MIRANDA 250.00 0.00 250.00 AP 00375319 12/01/2016 SAN ANTONIO REGIONAL IIOSPITAL 4,124.00 0.00 4,124.00 AP 00375320 12/01/2016 SAN BERNARDINO COUNTY SHERIFFS DEPT 21,484.60 0.00 21,484.60 AP 00375321 12/01/2016 SAN BERNARDINO CTY OFFICE OF THE ASSESSOR 840.00 0.00 840.00 AP 00375322 12/01/2016 SCHOLASTIC BOOK FAIRS 657.94 0.00 657.94 AP 00375323 12/01/2016 SCOLLON, MEYLIN 28.02 0.00 28.02 AP 00375324 12/01/2016 SDC LEAGUE HEALTH FUND 775.00 0.00 775.00 AP 00375325 12/01/2016 SDC LEAGUE PENSION FUND 256.00 0.00 256.00 AP 00375326 12/01/2016 SILVERMAN, JULIA 60.00 0.00 60.00 AP 00375334 12/01/2016 SOUTHERN CALIFORNIA EDISON 20,420.12 37445.19 23,865.31 *** AP 00375335 12/01/2016 SOUTHERN CALIFORNIA EDISON 2,321.37 0.00 2,321.37 AP 00375336 12/01/2016 SPECIAL SERVICES GROUP LLC 3,000.00 0.00 3,000.00 AP 00375337 12/01/2016 STERLING COFFEE SERVICE 604.12 0.00 604.12 AP 00375338 12/01/2016 STORTM SELF STORAGE 895.00 0.00 895.00 AP 00375339 12/01/2016 STOTZ EQUIPMENT 3,051.34 0.00 3,051.34 AP 00375340 12/01/2016 SUNGARI) PUBLIC SECTOR USER GROUP ASSOC INC 195.00 0.00 195.00 AP 00375341 12/01/2016 SYCAMORE VILLA MOBILE HOME PARK 700.00 0.00 700.00 AP 00375342 12/01/2016 SYSCO LOS ANGELES INC 21142.57 0.00 2,142.57 AP 00375343 12/01/2016 TECH 24 COMMERCIASL FOODSERVICE REPAIR INC 24.39 0.00 24.39 AP 00375344 12/01/2016 THEATRE COMPANY, THE 975.22 0.00 975.22 AP 00375345 12/01/2016 THOMPSON PLUMBING SUPPLY 7.06 0.00 7.06 AP 00375346 12/01/2016 THOMSON REUTERS WEST PUBLISHING CORP 427.80 0.00 427.80 AP 00375347 12/01/2016 TINT CITY WINDOW TINTING 200.00 0.00 200.00 AP 00375348 12/01/2016 TOT LOT PROS INC 138,599.98 0.00 138,599.98 AP 00375349 12/01/2016 U S LEGAL SUPPORT INC 846.62 0.00 846.62 AP 00375350 12/01/2016 U.S. BANK PARS ACCT #6746022500 10,326.00 0.00 10,326.00 AP 00375351 12/01/2016 U.S. BANK PARS ACCT #6746022500 682.90 0.00 682.90 AP 00375352 12/01/2016 UNDERGROUND SVC ALERT OF SO CAL 244.50 0.00 244.50 AP 00375353 12/01/2016 UNIQUE MANAGEMENT SERVICES INC 584.19 0.00 584.19 AP 00375354 12/01/2016 UNITED SITE SERVICES OF CA INC 233.91 0.00 233.91 AP 00375355 12/01/2016 UPS 55.21 0.00 55.21 AP 00375356 12/01/2016 UTILIQUEST 1,748.26 0.00 1,748.26 AP 00375357 12/01/2016 VERIZON BUSINESS 1,890.03 0.00 1,890.03 AP 00375358 12/01/2016 VERIZON BUSINESS 9,628.00 0.00 9,628.00 AP 00375359 12/01/2016 VILLAGE NURSERIES WHOLESALE LP 2,039.47 0.00 2,039.47 AP 00375360 12/01/2016 VISION COMMUNICATIONS CO 360.00 0.00 360.00 AP 00375361 12/01/2016 WALTERS WHOLESALE ELECTRIC CO 4,366.61 374.75 4,741.36 *** AP 00375362 12/01/2016 WAWANESA 2,333.95 0.00 2,333.95 User: VLOPEZ - VERONICA LOPEZ Page: 3 Current Date: 12/07/2016 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait 1 Time: 06:46:16 CITY OF RANCHO CUCAMONGA P25 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 11/29/2016 through 12/6/2016 Check No. Check Date Vendor Name City Fire Amount All 00375363 12/01/2016 WAXIE SANITARY SUPPLY 5,698.25 0.00 5,698.25 AP 00375364 12/01/2016 WESTRUX INTERNATIONAL INC 270.00 0.00 270.00 AP 00375366 12/01/2016 FRONTIER COMM 5,741.78 2,500.43 8,242.21 *** AP 00375367 12/01/2016 SCHNEIDER, DANIEL 2,300.00 0.00 2,300.00 AP 00375373 12/01/2016 BRODART BOOKS 5,888.76 0.00 5,888.76 AP 00375374 12/01/2016 CALSENSE 14,106.02 0.00 14,106.02 AP 00375375 12/01/2016 EMCOR SERVICE 7,382.00 0.00 7,382.00 AP 00375376 12/01/2016 EWING IRRIGATION PRODUCTS 1,614.94 0.00 1,614.94 AP 00375377 12/01/2016 FASTENAL COMPANY 289.79 0.00 289.79 AP 00375378 12/01/2016 FORD OF UPLAND INC 2,300.56 0.00 2,300.56 AP 00375379 12/01/2016 HOLLIDAY ROCK CO INC 2,656.96 0.00 2,656.96 AP 00375380 12/01/2016 INLAND VALLEY DAILY BULLETIN 930.00 0.00 930.00 AP 00375381 12/01/2016 LIMS AUTO INC 5,547.45 0.00 5,547.45 AP 00375382 12/01/2016 ORKIN PEST CONTROL 239.00 0.00 239.00 AP 00375383 12/01/2016 SIMPLOT PARTNERS 1,706.06 0.00 1,706.06 AP 00375384 12/01/2016 SUNRISE FORD 277.50 0.00 277.50 AP 00375385 12/01/2016 TARGET SPECIALTY PRODUCTS 5,416.90 0.00 5,416.90 AP 00375386 12/01/2016 VISTA PAINT 559.03 0.00 559.03 Total City: $3,787,963.96 Total Fire: $32,327.82 Grand Total: $3,820,291.78 Note• *** Check Number includes both City and Fire District expenditures User: VLOPEZ - VERONICA LOPEZ Page: 4 Current Date: 12/07/2016 Report: CK—AGENDA—REG- PORTRAIT CONSOLIDATED - CK: Agenda Check Register Portrait I Time: 06:46:16 P26 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Electronic Debit Register November 1, 2016 - November 30, 2016 DATE DESCRIPTION CITY FIRE AMOUNT 11/1 CALPERS - City - Retirement Account Deposit 39,753.81 39,753.81 11/1 CALPERS - City - Retirement Account Deposit 203,347.98 203,347.98 11/1 U.S. BANK - Purchasing Card Payment - November 2015 26,246.35 26,246.35 11/1 U.S. BANK - Corporate Card Payment - November 2015 71,988.64 71,988.64 11/1 Workers Comp - City Account Transfer 6,676.07 6,676.07 1111 Workers Comp - Fire Account Transfer 363.10 363.10 1112 AUTHNET GATEWAY BILLING CCD 93211171 56.10 56.10 1112 Workers Comp - City Account Transfer 2,681.27 2,681.27 11/2 Workers Comp - Fire Account Transfer 548.85 548.85 11/3 Workers Comp - City Account Transfer 1,412.69 1,412.69 11/3 Workers Comp - Fire Account Transfer 1,987.17 1,987.17 11/4 CALPERS - City - Retirement Account Deposit 500.00 500.00 11/4 CALPERS - City - Retirement Account Deposit 5,541.63 5,541.63 11/4 CALPERS - City - Retirement Account Deposit 6,150.33 6,150.33 1114 Workers Comp - City Account Transfer 251.63 251.63 11/4 Workers Comp - Fire Account Transfer 12.00 12.00 1117 Workers Comp - City Account Transfer 4,252.51 4,252.51 11/7 Workers Comp - Fire Account Transfer 880.47 880.47 11/8 STATE DISBURSEMENT UNIT - Child Support Payments 5,224.17 5,224.17 11/8 Workers Comp - Fire Account Transfer 93.34 93.34 1119 CALPERS - City - Retirement Account Deposit 40,402.23 40,402.23 1119 CALPERS - City - Retirement Account Deposit 203,828.22 203,828.22 11/9 CALPERS - Fire - Retirement Account Deposit 1,124.99 1,124.99 11/9 CALPERS - Fire - Retirement Account Deposit 1,847.25 1,847.25 11/9 CALPERS - Fire - Retirement Account Deposit 5,495.29 5,495.29 11/9 CALPERS - Fire - Retirement Account Deposit 6,046.68 6,046.68 1119 CALPERS - Fire - Retirement Account Deposit 7,097.63 7,097.63 11/9 CALPERS - Fire - Retirement Account Deposit 109,272.12 109,272.12 11/9 WIRE TRANSFER - To Community Foundation- Golf Tournament 5,366.01 5,366.01 11/9 STATE DISBURSEMENT UNIT - Child Support Payments 1,788.83 1,788.83 11/9 Workers Comp - City Account Transfer 92.50 92.50 1119 Workers Comp - Fire Account Transfer 98482 984.82 11/10 Workers Comp - City Account Transfer 2,656.55 2,656.55 11/14 WIRE TRANSFER - To California ISO 65,240.24 65,240.24 11/14 Workers Comp - City Account Transfer 8,839.52 8,839.52 11/14 Workers Comp - Fire Account Transfer 76589 765.89 11/15 Workers Comp - City Account Transfer 1,401.40 1,401.40 11/15 Workers Comp - Fire Account Transfer 3,555.67 3,555.67 11/16 Workers Comp - City Account Transfer 1,476.40 1,476.40 11/17 Workers Comp - City Account Transfer 228.89 228.89 11/17 Workers Comp - Fire Account Transfer 13,660.61 13,660.61 11118 Workers Comp - City Account Transfer 24,398.86 24,398.86 11/18 Workers Comp - Fire Account Transfer 5.27488 5,274.88 11/21 WIRE TRANSFER - To California ISO 3,580.82 3,580.82 11/21 Workers Comp - City Account Transfer 1,084.77 1,084.77 11121 Workers Comp - Fire Account Transfer 3,00092 3,000.92 11/22 Workers Comp - City Account Transfer 143.45 143.45 11/22 Workers Comp - Fire Account Transfer 22.53 22.53 11/23 CALPERS - City - Retirement Account Deposit 40,536 82 40,536.82 11/23 CALPERS - City - Retirement Account Deposit 201,992 51 201,992.51 11/23 STATE DISBURSEMENT UNIT - Child Support Payments 6,829.19 6,829.19 11/23 STATE DISBURSEMENT UNIT - Child Support Payments 1,78883 1,788.83 11123 Workers Comp - City Account Transfer 5,85683 5,856.83 11/23 Workers Comp - Fire Account Transfer 990.96 990.96 11/25 CALPERS - Fire - Retirement Account Deposit 1,094.15 1,094.15 11125 CALPERS - Fire - Retirement Account Deposit 1,799.18 1,799.18 11/25 CALPERS - Fire - Retirement Account Deposit 5,829.73 5,829.73 11/25 CALPERS - Fire - Retirement Account Deposit 6,046.70 6,046.70 11/25 CALPERS - Fire - Retirement Account Deposit 7,482.05 7,482.05 1 P27 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Electronic Debit Register November 1, 2016 - November 30, 2016 DATE DESCRIPTION CITY FIRE AMOUNT 11/25 CALIPERS - Fire - Retirement Account Deposit 109,272 11 109.272.11 11/25 Workers Comp - City Account Transfer 373.74 373.74 11/25 ANALYSIS DEFICIT - Bank Fee October 2016 28,063.04 28,063.04 11/28 WIRE TRANSFER - To California ISO 18,731.34 18,731.34 11/28 Workers Comp - City Account Transfer 6,234.51 6,234.51 11/28 Workers Comp - Fire Account Transfer 7,07999 7,079.99 11/29 Workers Comp - City Account Transfer 520.38 520.38 11/29 Workers Comp - Fire Account Transfer 11857 118.57 11/30 Workers Comp - City Account Transfer 559.92 559.92 11/30 Workers Comp - Fire Account Transfer 54893 548.93 Total City $ 1,034,045.62 Total Fire $ 314,349.94 GRAND TOTAL $ 1,348,395.56 STAFF REPORT ADMINISTRATIVE SERVICES GROUP Date: To: From: By: Subject December 15, 2016 Mayor and Members of the City Council John R. Gillison, City Manager Lori Sassoon, Deputy City Manager/Administrative Services Robert Neiuber, Human Resources Director '. Lr RANCHO CUCAMONGA CONSIDERATION OF APPROVAL OF A RESOLUTION ADOPTING SALARY SCHEDULES FOR FISCAL YEAR 2016/17. RECOMMENDATION It is recommended that the City Council of the City of Rancho Cucamonga adopt the attached resolution approving the Fiscal Year 2016/17 salary schedules forjob classifications employed by the City. BACKGROUND The City Council traditionally adopts salary resolutions biannually for those classifications employed by the City of Rancho Cucamonga. These resolutions are updated to reflect changes in salaries, additions and deletions of classifications, changes in job titles and other terms of employment. The resolution also adopts the following changes: • Changes to the lower end of certain part-time positions in order to bring the amount in legal compliance with the January 1, 2017 minimum wage increase. The upper ranges of the positions remain unchanged. • Addition of the Accounts Payable Supervisor and City Clerk Records Management Analyst positions. • Retitling of the Planning Manager position to City Planner/Planning Manager. • Adjustments to certain pay ranges to move towards equity with surrounding City's and help attract qualified applicants for future recruitments. Attachment 1. Resolution No. 16-189 2. Salary Schedule for Executive Management Employee Job Classifications 3. Salary Schedule for Rancho Cucamonga City Employees Association Covered Job Classifications 4. Salary Schedule for Teamsters Local 1932 Job Classifications 5. Salary Schedule for Part -Time City Job Classifications P29 RESOLUTION NO. 16-189 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE SALARY SCHEDULES FOR FISCAL YEAR 2016/17. WHEREAS, the City Council of the City of Rancho Cucamonga has determined that it is necessary for the efficient operation and management of the City that policies be established prescribing salary ranges, benefits and holidays and other policies for employees of the City of Rancho Cucamonga; and WHEREAS, the City Council of the City of Rancho Cucamonga has previously adopted salary resolutions establishing salary ranges, benefits and other terms of employment for employees of the City of Rancho Cucamonga; and WHEREAS, the City Council of the City of Rancho Cucamonga recognizes that it is necessary from time to time to amend the salary resolution to accommodate changes in position titles, classifications salary ranges, benefits and other terms of employment; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California to approve the attached salary schedules for the Executive Management Group, Rancho Cucamonga City Employees Association, Teamsters Local 1932, and Part -Time City positions (Attachments 1- 4) effective January 1, 2017. EXECUTIVE MANAGEMENT GROUP ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Monthly Pay Ranges effective January 1, 2017 P30 Minimum Control Point Maximum Class Title Step Amount Step Amount Step Amount Animal Services Director 1592 $8,490 1632 $10,365 1662 $12,038 Assistant City Manager 1670 $12,528 1710 $15,294 1740 $17,762 Building and Safety Services Director 1607 $9,150 1647 $11,170 1677 $12,973 City Clerk Services Director 1564 $7,384 1604 $9,014 1634 $10,469 City Manager 1754 $19,047 1794 $23,252 1824 $27,004 Community Services Director 1625 $10,009 1665 $12,219 1695 $14,191 Deputy City Manager/Administrative Services 1645 $11,059 1685 $13,501 1715 $15,680 Deputy City Manager/Civic & Cultural Services 1645 $11,059 1685 $13,501 1715 $15,680 Deputy City Manager/ Econ. & Comm. Dev. 1645 $11,059 1685 $13,501 1715 $15,680 Eng Svs Director/City Engineer 1626 $10,059 1666 $12,280 1696 $14,262 Finance Director 1627 $10,110 1667 $12,342 1697 $14,334 Human Resources Director 1619 $9,714 1659 $11,859 1689 $13,773 Innovation and Technology Director 1635 $10,521 1675 $12,844 1705 $14,917 Library Director 1609 $9,242 1649 $11,282 1679 $13,103 Planning Director 1619 $9,714 1659 $11,859 1689 $13,773 Public Works Services Director 1607 $9,150 1647 $11,170 1677 $12,973 Fire Chief* A $12,547 H $17,656 * Included for informational purposes only - This is a Fire District Management Employee Group position not a City position Executive Management January 1, 2017 P31 Resolution No. 16-189 RCCEA COVERED EMPLOYEES IN THE MID MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Monthly Pay Ranges Effective January 1, 2017 Minimum Control Point Maximum Class Title Step Amount Step Amount Step Amount Account Clerk 4375 $2,850 4415 $3,480 4435 $3,845 Account Technician 4423 $3,621 4463 $4,421 4483 $4,885 Accountant# 3465 $4,462 3505 $5,448 3525 $6,018 Accounting Manager* 2525 $6,019 2565 $7,348 2585 $8,119 Accounts Payable Supervisor# 3470 $4,575 3510 $5,585 3530 $6,170 Administrative Secretary' 4424 $3,640 4464 $4,443 4488 $5,008 Administrative Technician 4437 $3,883 4477 $4,741 4497 $5,238 Animal Care Attendant 4349 $2,504 4389 $3,057 4409 $3,377 Animal Caretaker 4378 $2,893 4418 $3,532 4438 $3,903 Animal Care Supervisor# 3416 $3,495 3456 $4,267 3476 $4,713 Animal Center Manager* 2506 $5,475 2546 $6,684 2566 $7,385 Animal Handler 4388 $3,041 4428 $3,713 4448 $4,103 Animal License Canvasser 4349 $2,504 4389 $3,057 4409 $3,377 Animal Services Dispatcher 4369 $2,766 4409 $3,377 4429 $3,732 Animal Services Officer 1 4421 $3,586 4461 $4,377 4481 $4,836 Animal Services Officer II 4441 $3,962 4481 $4,836 4501 $5,344 Assistant City Clerk # 3535 $6,327 3575 $7,724 3595 $8,534 Assistant City Engineer* 2590 $8,324 2630 $10,162 2650 $11,228 Assistant Engineer# 3488 $5,005 3528 $6,110 3548 $6,750 Assistant Library Director* 2572 $7,610 2612 $9,290 2632 $10,264 Assistant Planner# 3468 $4,530 3508 $5,530 3528 $6,109 Assistant to the City Manager* 2548 $6,751 2588 $8,242 2608 $9,106 Associate Engineer# 3518 $5,813 3558 $7,096 3578 $7,839 Associate Planner# 3487 $4,980 3527 $6,079 3547 $6,716 Box Office Coordinator 4450 $4,143 4490 $5,058 4510 $5,589 Budget Analyst# 3498 $5,261 3538 $6,422 3558 $7,095 Building Inspection Su ervisor#2 3504 $5,421 3544 $6,617 3564 $7,310 Building Inspector 12 4444 $4,021 4484 $4,909 4504 $5,424 Building Inspector 112 4464 $4,443 4504 $5,424 4524 $5,993 Building Safety Manager* 2533 $6,264 2573 $7,648 2593 $8,449 Business License Clerk 4378 $2,893 4418 $3,532 4438 $3,903 Business License Inspector 441800, $3,532 4458 $4,312 4478 $4,765 Business License Program Coordinator# 3432 1 $3,785 3472 $4,621 3492 1 $5,105 Rancho Cucamonga City Employees Association January 1, 2017 P32 Resolution No. 16-189 RCCEA COVERED EMPLOYEES IN THE MID MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Monthly Pay Ranges Effective January 1, 2017 Minimum Control Point Maximum Business License Technician 4408 $3,360 4448 $4,102 4468 $4,533 City Planner/Planning Manager* 2583 $8,039 2623 $9,814 2643 $10,843 City Clerk Records Management Analyst# 3470 $4,574 3510 $5,584 3530 $6,170 Community Improvement Officer 1 4421 $3,586 4461 $4,377 4481 $4,836 Community Improvement Officer II 4441 $3,962 4481 $4,836 4501 $5,344 Community Improvement Manager* 2533 $6,264 2573 $7,648 2593 $8,449 Communications Manager* 256640 $7,348 2605 $8,971 2625 $9,912 Community Programs Coordinator 4450 $4,143 4490 $5,058 4510 $5,589 Community Programs Specialist 4437IR $3,883 4477 $4,741 4497 $5,238 Community Services Coordinator 4450 $4,143 4490 $5,058 4510 $5,589 Community Services Marketing Coord 4450 $4,143 4490 $5,058 4510 $5,589 Community Services Project Coordinator# 3500 $5,313 3540 $6,487 3560 $7,166 Community Services Specialist 4350 $2,516 4390 $3,072 4410 $3,394 Community Services Superintendent* 2536 $6,359 2576 $7,763 2596 $8,577 Community Services Supervisor# 3480 $4,809 3520 $5,871 3540 $6,486 Community Services Technician 4437 $3,883 j 4477 $4,741 4497 $5,238 Community Services Manager* 2506 $5,475 2546 $6,684 2566 $7,385 Community Svc Marketing Manager* 2536 $6,359 2576 $7,763 2596 $8,577 Cultural Arts Manager* 2506 $5,475 2546 $6,684 2566 $7,385 Deputy City Clerk# 3430 $3,748 3470 $4,575 3490 $5,054 Deputy Dir. of Innovation and Technology 2558 $7,096 2598 $8,663 2618 $9,571 Engineering Aide 4421 $3,585 4461 $4,377 4481 $4,836 Engineering Technician 4441 $3,962 4481 $4,836 4501 $5,344 Environmental Programs Coordinator# 3503 $5,394 3543 $6,584 3563 $7,274 Environmental Programs Ins ectorz 4464 $4,443 4504 $5,424 4524 $5,993 Environmental Programs Manager* 2539 $6,455 2579 $7,880 2599 $8,706 Executive Assistant* 2460 $4,353 2500 $5,314 2520 $5,871 Facilities Superintendent* 2536 $6,359 2576 $7,763 2596 $8,577 Finance Manager* 2559 $7,131 2599 $8,706 2619 $9,619 Fleet Su ervisor#2 3488 $5,005 3528 $6,110 3548 $6,750 Fund Development Coordinator# 3470 $4,574 3510 $5,584 3530 $6,170 GIS Analyst# 3505 $5,448 3545 $6,650 3565 $7,347 GIS Technician 4436 $3,864 4476 $4,717 4496 $5,212 GIS Supervisor# 3535 $6,327 3575 $7,724 3595 $8,534 Rancho Cucamonga City Employees Association January 1, 2017 P33 Resolution No. 16-189 RCCEA COVERED EMPLOYEES IN THE MID MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Monthly Pay Ranges Effective January 1, 2017 Minimum Control Point Maximum Human Resources Clerk 4389 $3,057 4429 $3,732 4449 $4,123 Human Resources Manager* 2583 $8,039 2623 $9,814 2643 $10,843 Human Resources Technician 4399 $3,213 4439 $3,922 4459 $4,334 Information Technology Analyst 1# 3505 $5,448 3545 $6,650 3565 $7,347 Information Technology Analyst 11# 3520 $5,871 3560 $7,167 3580 $7,918 Information Technology Specialist 1 4456 $4,269 4496 $5,212 4516 $5,759 Information Technology Specialist II 4471 $4,601 4511 $5,617 4531 $6,206 Information Technology Technician 4411 $3,411 4451 $47164 4471 $4,601 Librarian 1# 3435 $3,842 3475 $4,691 3495 $5,182 Librarian II# 3457 $4,288 3497 $5,235 3517 $5,783 Library Assistant 1# 3373 $2,820 3413 $3,443 3433 $3,804 Library Assistant II# 3414 $3,460 3454 $4,224 3474 $4,667 Library Clerk 4356 $2,593 4396 $3,165 4416 $3,497 Library Page 4276 $1,740 4284 $1,810 4304 $2,000 Library Page II 4293 $1,894 4333 $2,312 4353 $2,554 Library Services Manager* 2506 $5,475 2546 $6,684 2566 $7,385 Library Technician 4393 $3,116 4433 $3,804 4453 $4,206 Maintenance Su ervisor#2 3488 $5,005 3528 $6,110 3548 $6,750 Management Aide 4440 $3,942 4480 $4,812 4500 $5,317 Management Analyst 1# 3470 $4,574 3510 $5,584 3530 $6,170 Management Analyst II# 3498 $5,261 3538 $6,422 3558 $7,095 Management Analyst III# 3515 $5,726 3555 $6,991 3575 $7,723 Office Services Clerk 4369 $2,766 4409 $3,377 4429 $3,732 Office Specialist 1 4349 $2,504 4389 $3,057 4409 $3,377 Office Specialist II 4369 $2,766 4409 $3,377 4429 $3,732 Park/Landscape Maintenance Su t*2 2536 $6,359 2576 $7,763 2596 $8,577 Payroll Supervisor# 3470 $4,575 3510 $5,585 3530 $6,170 Plan Check & Inspection Manager* 2533 $6,264 2573 $7,648 2595 $8,534 Planning Commission Secretary# 3444 $4,019 3484 $4,906 3504 $5,420 Planning Specialist 4443 $4,001 4483 $4,885 4503 $5,397 Planning Technician 4423 $3,621 4463 $4,421 4483 $4,885 Plans Examiner 1 4474 $4,671 4514 $5,702 4534 $6,300 Plans Examiner II# 3488 $5,004 3528 $6,109 3548 $6,750 Principal Librarian* 2495 $5,183 2535 1 $6,327 2555 $6,991 Rancho Cucamonga City Employees Association January 1. 2017 P34 Resolution No. 16-189 RCCEA COVERED EMPLOYEES IN THE MID MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Monthly Pay Ranges Effective January 1, 2017 Minimum Control Point Maximum Principal Management Analyst* 2543 $6,585 2583 $8,039 2603 $8,882 Principal Engineer* 2567 $7,422 2607 $9,061 2627 $10,011 Principal Planner* 2537 $6,391 2577 $7,802 2597 $8,620 Public Services Technician 1 4413 $3,445 4453 $4,206 4473 $4,647 Public Services Technician II 4423 $3,621 4463 $4,421 4483 $4,885 Public Services Technician III 4443 $4,001 4483 $4,885 4503 $5,397 Public Works Inspector 12 4444 $4,021 4484 $4,909 4504 $5,424 Public Works Inspector 112 4464 $4,443 4504 $5,424 4524 $5,993 Public Works Maintenance Manager* 2566 $7,385 2606 $9,016 2626 $9,961 Public Works Safety Coordinator #2 3468 $4,530 3508 $5,530 3528 $6,109 Procurement & Contracts Analyst 3433 $3,804 3473 $4,644 3493 $5,130 Procurement Clerk 4374 $2,836 4414 $3,462 4434 $3,826 Procurement Manager* 2530 $6,171 2570 $7,534 2590 $8,324 Procurement Technician 4411 $3,411 4451 $4,164 4471 $4,601 Records Clerk 4358 $2,619 4398 $3,197 4418 $3,532 Records Coordinator 4386 $3,011 4426 $3,676 4446 $4,062 Risk Management Coordinator# 3470 $4,575 3510 $5,585 3530 $6,170 Secretary' 4394 $3,134 4434 $3,826 4454 $4,227 Senior Account Clerk 4395 $3,149 4435 $3,845 4455 $4,248 Senior Account Technician 4446 $4,062 4486 $4,958 4506 $5,479 Senior Accountant# 3498 $5,261 3538 $6,422 3558 $7,059 Senior Administrative Secretary' 4444 $4,021 4484 $4,909 4504 $5,424 Senior Animal Services Officer# 3461 $4,374 3501 $5,340 3521 $5,899 Senior Building Ins ector#2 3484 $4,906 3524 $5,989 3544 $6,616 Senior Buyer# 3463 $4,418 3503 $5,394 3523 $5,958 Senior Civil Engineer* 2547 $6,717 2587 $8,201 2607 $9,060 Senior Community Improvement Officer# 3461 $4,374 3501 $5,340 3521 $5,899 Senior Electrician # 3485 $4,930 3525 $6,019 3545 $6,649 Senior GIS Analyst # 3520 $5,871 3560 $7,167 3580 $7,918 Senior GIS Technician 4456 $4,270 4496 $5,212 4516 $5,759 Senior Information Technology Analyst# 3535 $6,327 3575 $7,724 3595 $8,534 Senior Information Technology Specialist 4493 $5,135 4533 $6,268 4553 $6,920 Senior Librarian# 3468 $4,530 3508 $5,530 3528 $6,109 Senior Park Planner# 3500 $5,313 3540 $6,487 3560 $7166 Rancho Cucamonga City Employees Association January 1, 2017 P35 Resolution No. 16-189 RCCEA COVERED EMPLOYEES IN THE MID MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Monthly Pay Ranges Effective January 1, 2017 Minimum Control Point Maximum Senior Planner* 2517 $5,784 2557 $7,061 2577 $7,801 Senior Plans Examiner# 3503 $5,393 3543 $6,583 3563 $7,060 Senior Risk Management Analyst# 3515 $5,725 3555 $6,989 3575 $7,723 Senior Special Districts Technician 4443 $4,001 4483 $4,885 4503 $5,397 Special Districts Analyst# 3498 $5,261 1 3538 $6,422 3558 $7,095 Special Districts Technician 4437 $3,883 4477 $4,741 4497 $5,238 Street/Storm Drain Maintenance Su t*z 2536 $6,359 2576 $7,763 2596 $8,577 Supervising Public Works Ins ector#z 3494 $5,157 3534 $6,295 3554 $6,955 Theater Production Coordinator 4460 $4,355 4500 $5,317 4520 $5,875 Theater Production Supervisor# 3480 $4,809 3520 $5,871 3540 $6,486 Theatre Technician III 4423 $3,621 4463 $4,421 4483 $4,885 Traffic Engineer* 2569 $7,496 2609 $9,152 2629 $10,111 Utilities Division Manager* 2584 $8,079 2624 $9,863 2644 $10,897 Utility Operations Manager* 2524 $5,989 2564 $7,312 2584 $8,079 Veterinarian* 2579 $7,880 2619 $9,620 2639 $10,628 Veterinary Assistant 4407 $3,344 4447 $4,082 4467 $4,510 Veterinary Technician 4437 $3,883 4477 $4,741 4497 $5,238 When acting as Clerk to Commissions $50 paid per night or weekend day meeting. Compensatory time off can be substituted in lieu of $50 at the option of the employee. Refer to MOU for provision of boot allowance. # Denotes Supervisory/Professional Class * Denotes Management Class Rancho Cucamonga City Employees Association January 1, 2017 SLV Resolution No. 16-189 PUBLIC WORKS MAINTENANCE EMPLOYEES Represented By Teamsters Local 1932 ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Monthly Pay Ranges Effective January 1, 2017 Minimum Control Point Maximum Class Title Step Amount Step Amount Step Amount Electrician 5457 $4,287 5497 $5,234 5517 $5,783 Equipment Operator 5425 $3,655 5465 $4,462 5485 $4,930 Inventory Specialist Equipment/Mat 5389 $3,054 5429 $3,729 5449 $4,120 Lead Maintenance Worker 5429 $3,729 5469 $4,552 5489 $5,029 Lead Mechanic 5440 $3,939 5480 $4,808 5500 $5,313 Maintenance Coordinator 5452 $4,182 5492 $5,105 5512 $5,641 Maintenance Worker 5391 $3,085 5431 $3,766 5451 $4,161 Mechanic 5430 $3,747 5470 $4,574 5490 $5,054 Senior Maintenance Worker 5401 $3,243 5441 $3,958 5461 $4,374 Signal & Lighting Coordinator 5479 $4,785 5519 $5,841 5539 $6,454 Signal & Lighting Technician 5452 $4,182 5492 $5,105 5512 $5,641 Public Works Maintenance Employees January 1, 2017 P37 Resolution No. 16-189 PART-TIME CITY POSITIONS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Hourly Pay Ranges Effective January 1, 2017 Minimum Control Point Maximum Part Tame Posmtoons Slen Amount Steip Amount -Blau Amount Account Clerk 6368 $15.87 6408 $19.37 6418 $20.36 Account Technician 6423 $20.88 6463 $25.49 6473 $26.79 Accountant 6465 $25.75 6505 $31.43 6515 $33.04 Administrative Intern 6320 $12.48 6360 $15.24 6370 16.03 Animal Care Attendant 6349 $14.43 6389 $17.62 6399 $18.52 Animal Caretaker 6378 $16.69 6418 $20.38 6428 $21.42 Animal Handler 6388 $17.54 6428 $21.41 6438 $22.50 Animal License Canvasser 6286 10.54 6306 $11.65 6316 $12.26 Animal Services Dispatcher 6369 $15.95 6409 $19.47 6419 $20.46 Animal Services Officer 6441 $22.84 6481 $27.88 6491 $29.31 Assistant En ineer 6488 $28.88 6528 $35.25 6538 $37.05 Assistant Planner 6468 $26.13 6508 $31.90 6518 $33.54 Assistant Pool Manager 6305 $11.60 6345 $14.16 6355 $14.87 Associate Engineer 6518 $33.53 6558 $40.94 6568 $43.03 Associate Planner 6487 $28.73 6527 $35.07 6537 $36.86 Box Office Assistant 6290 $10.76 6330 $13.13 6340 $13.81 Box Office Specialist 6311 $11.95 6351 $14.58 6361 $15.33 Budget Analyst 6498 $30.35 6538 $37.05 6548 $38.95 Building Inspector 6464 $25.61 6504 $31.27 6514 $32.87 Business License Clerk 6378 16.69 6418 $20.38 6428 $21.42 Business License Technician 6408 $19.37 6448 23.65 6463 $25.49 Community Improvement Officer 1 6421 $20.67 6461 $25.34 6471 $26.53 Community Improvement Officer II 6441 $22.84 6481 $27.88 6491 $29.31 Community Programs Coordinator 6450 23.89 6490 $29.16 6500 $30.66 Community Programs Specialist 6437 $22.39 6477 $27.33 6487 28.73 Community Services Coordinator 6450 $23.89 6490 $29.16 6500 $30.66 Community Services Specialist 6350 $14.51 6390 17.71 6400 $18.62 Community Services Supervisor 6480 $27.75 6520 $33.87 6530 $35.60 Community Services Technician 6437 $22.39 6477 $27.33 6487 $28.73 Department Director 6562 $42.17 6604 $51.50 6707 $86.92 Department Manager 6525 $34.73 6566 $42.60 6634 59.81 Deputy City Clerk 6430 21.62 6470 26.40 6480 $27.75 Division Supervisor 6416 20.16 6457 24.74 6554 40.13 Electrician 6457 24.74 6497 30.20 6507 31.75 Ener EfficiencyCoordinator 6372 16.19 6412 19.77 6422 20.78 Engineering Aide 6421 20.67 6461 25.24 6471 26.53 Engineering Technician 6441 22.84 6481 $27.88 6491 $29.31 Environmental Resources Intern 6286 $10.54 6320 $12.48 6330 $13.13 Equipment O erator 6425 21.09 6465 $25.75 6475 $27.06 GIS Intern 6320 $12.48 6360 $15.24 6370 16.03 GIS Program mer/Analst 6456 $24.61 6496 $30.05 650631.58 GIS Technician 6436 22.28 6476 $27.20 6486 28.59 Healthy Cities Coordinator 6372 16.19 6412 $19.77 6422 $20.78 City Part -Time Hourly Pay Ranges January 1, 2017 MW Resolution No. 16-189 PART-TIME CITY POSITIONS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Hourly Pay Ranges Effective January 1, 2017 Minimum Control Point Maximum Human Resources Clerk 6389 ount, $17.62 Me 6429 Amount $21.51 Step 6439 Amount $22.61 Human Resources Technician 6399 $18.52 6439 $22.61 6449 $23.77 Instructor/Guard 1 6286 $10.54 6287 $10.59 6290 $10.76 Instructor/Guard 11 6286 10.54 1 6320 $12.48 6330 1 13.13 Lead Mechanic 6440 $22.73 6480 $27.75 6490 $29.16 Librarian 1 6433 $21.95 6473 $26.79 6483 $28.16 Library Aide 6286 $10.54 6287 $10.59 6287 $10.59 Library Assistant 1 6362 $15.41 6402 $18.81 6412 19.77 Library Assistant II 6404 18.99 6444 $23.20 6454 24.37 Library Clerk 6346 $14.22 6386 $17.37 6396 $18.25 Library Director/SIF Trainer 6600 $50.48 6640 $61.63 6650 $64.78 LibrarV Pae 6286 $10.54 6287 $10.59 6287 $10.59 Library Pae II 6286 $10.54 6320 $12.48 6330 $13.13 Library Technician 6393 $17.98 6433 21.95 6443 23.07 Maintenance Technician 6286 $10.54 6320 $12.48 6330 $13.13 Management Aide 6440 $22.73 6480 $27.75 6490 $29.16 Management Analyst 1 6470 $26.40 6510 $32.22 6520 $33.87 Management Analyst II 6498 30.35 6538 37.05 6548 $38.95 Mechanic 6430 $21.62 6470 $26.40 6480 $27.75 Meter Technician 6487 $28.73 6527 $35.07 6537 36.86 Office Services Clerk 6369 $15.95 6409 $19.41 6419 $20.47 Office Specialist 1 6332 $13.25 6372 $16.19 6382 17.02 Office Specialist II 6352 $14.65 6392 $17.89 6402 18.80 Outreach Technician 6311 $11.95 6351 $14.58 6361 $15.33 Park Ranger 6352 $14.65 6392 $17.89 6402 18.80 Planning Aide 6320 $12.48 6360 $15.24 6370 $16.03 Planning Manager 6583 $46.37 6623 $56.62 6633 $59.51 Plans Examiner 1 6474 $26.92 6514 $32.87 6534 $36.32 Pla school Instructor 6311 $11.95 6351 $14.58 6361 $15.33 Pool Manager 6329 $13.07 6369 $15.95 6379 $16.76 Principal Engineer 6567 42.82 6607 $52.77 6617 $54.95 Program Specialist 6311 $11.95 6351 $14.58 6361 $15.33 Public Services Technician 1 6413 $19.86 6453 $24.25 6463 $25.49 Public Services Technician II 6423 $20.88 6463 $25.49 6473 $26.79 Public Services Technician III 6443 23.07 6483 $28.16 6493 $29.60 Public Works Inspector 1 6444 $23.19 6484 $28.31 6494 $29.75 Public Works Inspector II 6464 $25.62 6504 $31.27 6514 $32.87 Purchasing Clerk 6368 $15.87 6408 $19.37 6418 $20.37 Receptionist 6342 $13.94 6382 $17.02 6392 1 17.89 Records Clerk 6344 14.08 1 6384 $17.19 6394 18.08 Records Coordinator 6372 $16.19 6412 $19.77 6422 $20.78 Recreation Assistant 6286 $10.54 6306 $11.65 6316 12.26 City Part -Time Hourly Pay Ranges January 1, 2017 P39 Resolution No. 16-189 PART-TIME CITY POSITIONS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Hourly Pay Ranges Effective January 1, 2017 Minimum Control Point Maximum Part Time Posotoons Step Amount Step Amount Sten Amount Recreation Attendant 6286 $10.54 6287 $10.59 6287 $10.59 Recreation Leader 6290 $10.76 6330 $13.13 6340 $13.81 Secretary 6394 18.07 6434 22.06 6444 $23.18 Senior Accountant 6498 $30.35 6538 37.05 6548 $38.95 Senior Civil Engineer 6543 $37.99 6583 $46.37 6593 $48.75 Si nal and Lighting Technician 6452 $24.12 6492 $29.46 6502 $30.96 Sports Official 6311 $11.95 6351 $14.58 6361 $15.33 Swim Aide 6286 10.54 6306 $11.65 6316 12.26 Theatre Technician 1 6311 $11.95 6351 $14.58 6361 $15.33 Theatre Technician II 6372 $16.19 6412 $19.77 6422 $20.78 Veterinarian 6579 $45.46 6619 $55.50 6629 $58.33 Veterinary Assistant 6407 $19.27 6447 $23.52 6457 $24.74 lVeterinary Technician 6437 $22.40 6477 $27.33 1 6487 $28.73 City Part -Time Hourly Pay Ranges January 1, 2017 Z1 STAFF REPORT Public Works Services Department Date: December 15, 2016 To: Mayor and Members of the City Council John R. Gillison, City Manager From: William Wittkopf, Public Works Services Directo Subject: CONSIDERATION OF APPROVAL TO RELEASE MAINTENANCE BOND NO. 71706235 IN THE AMOUNT OF $8,155.09 FOR THE "DEPARTMENT OF INNOVATION AND TECHNOLOGY (DOIT) TENANT IMPROVEMENT PROJECT," CONTRACT NO. 15-149 RECOMMENDATION It is recommended that the City Council authorize the City Clerk to release Maintenance Bond No. 71706235 in the amount of $8,155.09 for the "Department of Innovation and Technology (DoIT) Tenant Improvement Project," Contract No. 14-151. BACKGROUND/ANALYSIS On August 19, 2015, the Council awarded a contract to St. George Construction for the "Department of Innovation and Technology (DoIT) Tenant Improvement Project" and accepted the project as complete on December 16, 2015. The project's scope of work consisted of the demolition of the existing improvements and upgrading the electrical distribution, communication, heating, ventilation and cooling systems, the relocation of light fixtures, the removal and replacement of ceiling tiles and carpeting, the construction of several new walls, drywall repair, and the application of fresh paint. The required one-year maintenance period has ended and the improvements remain free from defects in materials and workmanship. Contractor; St. George Construction 1655 E. 6th Street, A -6-A #103 Corona, CA 92879 P41 STAFF REPORT Public Works Services Department Date: December 15, 2016 To: Mayor and Members of the City Council John R. Gillison, City Manager From: William Wittkopf, Public Works Services Director RANCHO CUCAMONGA Subject: CONSIDERATION OF APPROVAL TO RELEASE MAINTENANCE BOND NO. LPM7640581-M IN THE AMOUNT OF $8,700.81 FOR THE "ILLUMINATED STREET NAME SIGN REPLACEMENT — FY 13/14 PROJECT," CONTRACT NO. 14-151 RECOMMENDATION It is recommended that the City Council authorize the City Clerk to release Maintenance Bond No. LPM7640581-M in the amount of $8,700.81 for the "Illuminated Street Name Sign Replacement — FY 13/14 Project," Contract No. 14-151. BACKGROUND/ANALYSIS On May 21, 2014, the Council awarded a contract to Aegis ITS, Inc. for the "Illuminated Street Name Sign Replacement — FY 13/14 Project" and accepted the project as complete on December 16, 2015. The project's scope of work consisted of retrofitting illuminated street name signs with energy efficient LED lighting, replacing damaged signs and/or individual sign panels, and the relocation of existing illuminated street name signs from mast arm mounting to a wind resistant horizontal davit arm mounting. The work occurred along Foothill Boulevard from San Bernardino Road to Aspen Street. The required one-year maintenance period has ended and the improvements remain free from defects in materials and workmanship. Contractor: Aegis ITS, Inc. 3360 E. La Palma Avenue Anaheim, CA 92806 P42 STAFF REPORT ENGINEERING SERVICES DEPARTMENT Date: December 15, 2016 RANCHO To: Mayor and Members of the City Council CUCAMONGA John R. Gillison, City Manager From: Jason C. Welday, Director of Engineering Services/City EngineerG� By: Romeo M. David, Associate Engineer Shelley Hayes, Assistant Engineer Subject: CONSIDERATION TO ACCEPT THE SPRUCE AVENUE PAVEMENT REHABILITATION FROM FOOTHILL BOULEVARD TO BASE LINE ROAD PROJECT, CONTRACT NO. 16-175 AS COMPLETE, APPROVE FINAL CONTRACT AMOUNT OF $473,096.47, AUTHORIZE THE RELEASE AND ACCEPTANCE OF PROJECT RELATED BONDS, AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION RECOMMENDATION It is recommended that the City Council: 1. Accept the Spruce Avenue Pavement Rehabilitation from Foothill Boulevard to Base Line Road project, Contract No. 16-175, as complete; 2. Approve the final contract amount of $473,096.47; 3. Accept a Maintenance Bond and Authorize the release of the Faithful Performance Bond; 4. Authorize the release of the Labor and Materials Bond in the amount of $490,197.30 six months after the recordation of said notice if no claims have been received; 5. Authorize the City Engineer to file a Notice of Completion and release of the retention in the amount of $23,654.82 35 days after acceptance; and 6. Authorize the City Engineer to release the Maintenance Bond one year following the filing of the Notice of Completion if the improvements remain free from defects in material and workmanship. BACKGROUND/ANALYSIS The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The Spruce Avenue Pavement Rehabilitation from Foothill Boulevard to Base Line Road project scope of work consisted of cold milling, crack sealing, placement of Asphalt Rubber Hot Mix (ARHM) overlay, adjusting existing manholes and valves to new grade, handicap ramps and pavement markers and striping. Pertinent information of the project is as follows: ➢ Budgeted Amount: $612,100.00 ➢ Account Numbers: 1198303-5650/1878198-0 and 1134303-5300-0-6959 ➢ City Council Approval to Advertise: May 4, 2016 ➢ Publish dates for local paper: May 10 and 17, 2016 P43 CITY COUNCIL STAFF REPORT - SPRUCE AVENUE PAVEMENT REHABILITATION December 15, 2016 Page 2 ➢ Bid Opening: ➢ Contract Award Date: ➢ Low Bidder: ➢ Contract Amount: ➢ Contingency: ➢ Final Contract Amount: ➢ Difference in Contract Amount: May 24, 2016 June 15, 2016 All American Asphalt $490,197.30 $49,019.73 $473,096.47 $17,100.83 (3.49%) The net decrease in the total cost of the project is a result of one (1) Contract Change Order, the Balancing Statement. The notable changes that were significant to the decrease of the Contract amount were: less ARHM and cold milling were needed than originally bid. The balancing statement accounted for these changes, and any other minor increases in the project quantities. Attachments: Vicinity Map Resolution No. 16-203 CUCAMONGA CAU511 PARK PROJECT LOCATION ONTARIO CITY OF RANCHO CUCAMONGA SPRUCE AVENUE PAVEMENT REHABILITATION (Foothill Boulevard to Base Line Road) =A P45 RESOLUTION NO. 16-203 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE SPRUCE AVENUE PAVEMENT REHABILITATION PROJECT FROM FOOTHILL BOULEVARD TO BASE LINE ROAD PROJECT, CONTRACT NO. 16-175, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the Spruce Avenue Pavement Rehabilitation Project from Foothill Boulevard to Base Line Road project Contract No. 16-175, 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. 16-203— Page 1 of 1 STAFF REPORT ENGINEERING SERVICES DEPARTMENT Date: December 15, 2016 To: Mayor and Members of the City Council John R. Gillison, City Manager From: Jason C. Welday, Director of Engineering Services/City Engineer By: Romeo M. David, Associate Engineer P46 Subject: CONSIDERATION OF APPROVAL OF THE LICENSE AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE SAN BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG), FOR THE CONSTRUCTION OF THE HELLMAN AVENUE AND 8TH STREET WIDENING, TRAFFIC SIGNAL AND AT -GRADE IMPROVEMENTS AT THE METROLINK TRACKS, LOCATED NORTH OF 8TH STREET AT SANBAG MILE POST 98.2 AND SCRRA MILE POST 39.59 (RR) RECOMMENDATION It is recommended that the City Council approve the attached License Agreement between the City and SANBAG and authorize the Mayor to sign the agreement. BACKGROUND/ANALYSIS: The current at -grade crossing of the Metrolink railroad tracks on Hellman Avenue north of 8th Street was constructed in 1953. The crossing consists of a single set of tracks with associated railroad crossing gates and signals on Hellman Avenue. As well, the intersection of Hellman Avenue at 8th Street is located less than 100 feet south of the tracks and is controlled by an all -way STOP. The Southern California Regional Rail Authority (SCRRA) has reviewed the current crossing and determined that it does not meet current standards. Working with SCRRA, the City has developed plans to complete the widening of Hellman Avenue from south of Jersey Boulevard to south of 8th Street and construction of a traffic signal at the intersection of Hellman Avenue and 8th Street. The widening work will include widening of the existing lanes and construction of curb, gutter, and sidewalk. SCRRA will be constructing railroad crossing improvements including new gates, signals, and related equipment within the existing SANBAG right-of-way for the Metrolink tracks. The cost for both the City and SCRRA projects is currently estimated at $3,180,000.00 and will be funded by federal, state, and local funds. Funding in the amount of $1,050,00.00 is currently budgeted for the City's proposed improvements. The City currently holds a 60 foot wide easement for Hellman Avenue across the SANBAG right-of-way. In order to construct the proposed widening improvements approximately 3,484 square feet of additional right-of-way will be required. SANBAG has prepared the attached license agreement as the mechanism to grant access to its rail right-of-way for construction and maintenance of the proposed widening and traffic signal improvements. The City typically acquires right-of-way needed for roadway projects by means of street and highway easements. With few exceptions, current SANBAG policy does not allow for the granting of easements over rail right-of-way. Instead, SANBAG utilizes license agreements with both private parties and public agencies to manage right-of-way access and use. The subject agreement would grant a license to the City for construction and maintenance of the proposed widening improvements along Hellman Avenue and 8th Street. Unlike an easement, the license agreement is revocable and requires an annual administrative fee of $1,200 be paid to SANBAG. In the past, the City has entered into license agreements with SANBAG for previous projects crossing the Metrolink tracks including the recently completed Hellman Avenue Master Planned Storm Drain Improvements. In an effort to minimize potential future costs to the City under the license agreement, the improvements have been designed to locate traffic signal equipment outside of the license area to the greatest extent possible and the agreement includes language indicating that the City will not be responsible for relocation of railroad related equipment. While not the City's preferred mechanism for obtaining right-of-way, in order to improve safety P47 CITY COUNCIL STAFF REPORT - RE: AWARD RED HILL PARK PEDESTRIAN TRAIL RENOVATION December 15, 2016 Page 2 at this crossing, staff recommends approval of the subject license agreement, including any final minor modifications, to allow for the construction of the proposed widening and traffic signal improvements. Attachments: Vicinity Map License Agreement MR, UPLAND PROJECT CITY OF RANCHO CUCAMONGA )m Hellman Ave and 8 Lh SL Widening and aL Grade Crossing Impr ovemen L Pr o j ec L N.T.S. M1 SANBAG Contract No.: 16-1001488 Epic File No.: RSSB003784 Subdivision: San Gabriel Subdivision Milepost(s): 98.2 SANBAG Contract No. 16-1001488 LICENSE AGREEMENT BETWEEN SANBAG AND CITY OF RANCHO CUCAMONGA LICENSE AGREEMENT This LICENSE AGREEMENT ("License") is made and entered into as of the date executed by SANBAG, by and between SAN BERNARDINO ASSOCIATED GOVERNMENTS, acting solely in its capacity as the San Bernardino County Transportation Authority ("SANBAG"), and, CITY OF RANCHO CUCAMONGA, a corporate municipality ("LICENSEE"), upon and in consideration of the agreements, covenants, terms and conditions below. PART I — BASIC LICENSE PROVISIONS The Basic License Provisions provided in this Part I and the Standard License Provisions set forth in Part II of this License, together with all Exhibits and Attachments referenced in either, are incorporated into and made part of this License. In the event of conflict between Part I and Part II or of any Exhibits and Attachments, Part I shall control. Basic License Provisions Parties. SANBAG's Address: 1170 West 3rd Street, 2"d Floor San Bernardino, California 92410-1715 LICENSEE's Address: CITY OF RANCHO CUCAMONGA 10500 Civic Center Drive Rancho Cucamonga, California 91730 Attn: Romeo David Telephone: 909-477-2740 E-mail: romeo.david@cityofre.us 16-1001488 Rancho Cucamonga Rev. 11/14/2016 License Agreement Form Approved 7/15/16 Part II Section Cross Re erence P50 Basic License Provisions Part II Section Cross Re erence 2. Description of the Premises. § 1.1 City/County: City of Rancho Cucamonga, County of San Bernardino Subdivision: San Gabriel Subdivision Address or Milepost Location: SANBAG Mile Post 98.2, SCRRA Mile Post 39.59 at Hellman Avenue Approximate area: 3,484 square feet; 0.08 acres See map/diagram in Exhibit "A". Description and Dimensions of Premises Area: Two, at grade, irregular shaped parcels on the San Gabriel Subdivision at Hellman Avenue northerly of 8`h Street, (1) measuring approximately two thousand eight hundred thirty four square feet (2,834 sq. ft.) and (2) measuring approximately six hundred fifty square feet (650 sq. ft.) 3. Allowable Improvements, Facilities and Uses. LICENSEE shall construct only the following improvements and/or facilities and conduct or permit only the following uses on the Premises: § 1.3 Description of Improvements and/or Facilities ("Improvements"): Street widening including signals, pedestrian gates and center island. City will not be responsible for the future removal or relocation of railroad equipment, including, but not limited to tracks, gates, signals and communication equipment and structures. Use of the Premises: Street crossing — Hellman Avenue 4. Term. Commencement Date: Upon execution by SANBAG Term (check one): ® A. Month-to-month ❑ B. Until End Date: (subject to termination pursuant to the terms of this License — see especially Standard License Provisions §2.2). 16-1001488 Rancho Cucamonga Rev. l 1/14/2016 License Agreement Form Approved 7/15116 § 2.1 P51 Basic License Provisions 5 a 7. Fees. A. Administration Fee: $1.200.00 ner vear or portion thereof payable annually in advance. B. Base Use Fee (check one): ❑ i. $ per month, payable monthly in advance ❑ ii. $ per year, payable annually in advance C. Additional Use Fee (check one): ❑ i. One-time fee: $ ❑ ii. Other fee: $ D. Base Use Fee Adjustment Dates (check if apRllicable): ❑ i. CPI Adjustment: Annually, effective on the first day of the anniversary month of the Commencement Date, based on the published Consumer Price Index (or its successor) ("CPI") as defined in Section 3.2.1 of the Standard License Provisions. ❑ ii. Fair Market Rate Adjustment: At intervals of not less than three (3) years, based on the then current fair market rental value of the Premises as set forth in Section 3.2.2 of the Standard License Provisions. ❑ iii. Other: Security Deposit (if any). $ Insurance Amount. See Exhibit "B" 16-1001488 Rancho Cucamonga Rev. 11/14/2016 License Agreement Form Approved 7/15/16 Part II Section Cross Reference §3 § 3.1.1 § 3.1.2 §3.1.3 § 3.2 § 3.2.1 § 3.2.2 § 3.2.3 §4 §§ 10, 13 S IN WITNESS WHEREOF, this License was duly executed by the Parties identified in Item 1 of this Part I on the dates below, and is effective as the date executed by SANBAG. LICENSEE: CITY OF RANCHO CUCAMONGA A corporate municipality SANBAG SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY By: By: Name: Name: Title Title: Date: Date: 16-1001488 Rancho Cucamonga Rev. 11/14/2016 License Agreement Form Approved 7/15/16 iv P53 PART II — STANDARD LICENSE PROVISIONS TABLE OF CONTENTS Section Page 1. GRANT AND SCOPE OF LICENSE.................................................................................1 2. TERM, TERMINATION AND SURRENDER..................................................................2 3. PAYMENTS........................................................................................................................4 4. SECURITY DEPOSIT........................................................................................................6 5. TAXES................................................................................................................................6 6. LIENS..................................................................................................................................7 7. ASSUMPTION OF RISK AND WAIVER.........................................................................7 8. DEFAULT, BREACH AND REMEDIES..........................................................................8 9. INDEMNIFICATION.........................................................................................................9 10. INSURANCE.....................................................................................................................10 11. MAINTENANCE AND REPAIR.....................................................................................11 12. ALTERATIONS AND CONSTRUCTION......................................................................12 13. CONTRACTORS; APPROVAL AND INSURANCE.....................................................12 14. REIMBURSEMENT......................................................................................................... 13 15. LANDSCAPING...............................................................................................................13 16. MARKERS........................................................................................................................13 17. COMPLIANCE WITH LAWS................:.........................................................................13 18. SANBAG'S RIGHT OF ACCESS....................................................................................14 19. ENVIRONMENTAL ASSESSMENT..............................................................................14 20. HAZARDOUS/TOXIC MATERIAL USE AND INDEMNITY......................................15 21. UNDERGROUND STORAGE TANKS...........................................................................16 22. CONDEMNATION...........................................................................................................16 23. BROKER'S FEES.............................................................................................................16 24. SUBORDINATE RIGHTS................................................................................................16 25. ABANDONMENT............................................................................................................17 26. GENERAL PROVISIONS................................................................................................17 Exhibits: "A" Premises "B" Insurance Requirements "C" Permitted Hazardous Material "D" Additional Provisions 16-1001488 Rancho Cucamonga Rev. 11/14/2016 License Agreement Form Approved 7/15/16 v P54 P55 PART II - STANDARD LICENSE PROVISIONS 1. GRANT AND SCOPE OF LICENSE 1.1. Grant of License. SANBAG hereby grants a non-exclusive, revocable license to LICENSEE in, on, over, under, across and along the real property of SANBAG in the location shown in the diagram attached hereto as Exhibit "A" and described in Item 2 of the Basic License Provisions (the "Premises"), for construction, installation, operation, alteration, maintenance, reconstruction and/or removal of the Improvements described in Item 3 of the Basic License Provisions, and any usual and necessary related appurtenances thereto (the "Improvements"), for the purposes described in Item 3 of the Basic License Provisions, together with rights for access and entry onto the Premises as necessary or convenient for the use of the Improvements and for no other purpose. In connection with this grant of license, LICENSEE, its employees, agents, customers, visitors, invitees, licensees, consultants and contractors (collectively, "LICENSEE's Parties") subject to the provisions hereof, may have reasonable rights of entry and access onto adjoining real property of SANBAG if necessary for the use of the Improvements or the Premises, with the time and manner of such entry and access to be subject to SANBAG's prior written approval. The Premises, adjoining real property of SANBAG and personal property of SANBAG located thereon shall hereinafter collectively be referred to as "SANBAG Property." 1.2. Condition of Premises. LICENSEE acknowledges that it has inspected the Premises in its present condition, including without limitation, all existing environmental conditions. LICENSEE accepts the Premises "as is" as suitable for the purpose for which the Premises are licensed and assumes all risk with respect to all present conditions of the Premises, whether patent or latent, including, without limitation, all existing environmental conditions. Taking of possession by LICENSEE shall be conclusive to establish that the Premises are in good and satisfactory condition when possession is taken. 1.3. Use. The Premises and the Improvements shall be used only for the purposes specified in Item 3 of the Basic License Provisions and for such lawful purposes as may be directly incidental thereto, and no other purpose. No change shall be made by LICENSEE in the use of the Premises, the Improvements or the commodity or product being conveyed through the Improvements (if any) without SANBAG's prior written approval. 1.4. Non-exclusive and Revocable Nature of License. The License granted herein is not exclusive and SANBAG specifically reserves the right to grant other licenses within the Premises. LICENSEE agrees that notwithstanding the Improvements made by LICENSEE to the Premises or other sums expended by LICENSEE in furtherance of this License, the license granted herein is fully revocable by SANBAG in accordance with the terms of this License. 16-1001488 Rancho Cucamonga Rev. 11/14/2016 License Agreement Form Approved 7/15/16 P56 1.5. Easements. SANBAG reserves to itself the right, from time to time, to grant such easements, rights and dedications that SANBAG deems necessary or desirable, and to cause the recordation of parcel maps, easement agreements and covenants, conditions and restrictions, so long as such easements, rights, dedications, maps and covenants, conditions and restrictions do not unreasonably interfere with the permitted use of the Premises by LICENSEE. LICENSEE shall sign any of the aforementioned documents upon request of SANBAG and failure to do so shall constitute a material breach of this License. 2. TERM, TERMINATION AND SURRENDER 2.1. Term of License. The term of this License shall commence on the "Commencement Date" specified in Item 4 of the Basic License Provisions. If Item 4.A of the Basic License Provisions is checked, this License shall continue in full force and effect on a month-to-month basis. If Item 4.13 of the Basic License Provisions is checked, then this License shall be a license for the term specified in said Item 4.B. The term of this License as provided above is referred to as the "Term." 2.2. Termination. 2.2.1. Convenience. If Item 4.A is checked, this License shall continue in full force and effect on a month-to-month basis until terminated by either Party on thirty (30) days' prior written notice. If Item 43 is checked, this License shall continue in full force and effect until the End Date, unless SANBAG, acting by its Executive Director or his or her designee, for any reason and in its sole and absolute discretion, determines that this License is no longer in SANBAG's best interests. In which case, SANBAG may terminate this License on thirty (30) days' prior written notice, but SANBAG shall also return to LICENSEE, within thirty (30) days after the termination, the pro -rata portion of any annual Use Fee paid by the LICENSEE for the portion of the agreed term that will not be used by LICENSEE. 2.2.2. Cause. SANBAG may terminate this License for cause in accordance with the provisions hereof, including, without limitation, Sections 25 (Abandonment), 8 (Default, Breach and Remedies) and 26.11 (Assignment). In addition, SANBAG shall have the right to immediately, without notice and at LICENSEE's expense, terminate this License upon discovery of any default set forth in Section 8.1(d) and abate any such public nuisance and/or dangerous condition. 2.2.3. Public Use. In addition to any and all other termination rights of SANBAG described herein, LICENSEE hereby expressly recognizes and agrees that the Premises are located on SANBAG property that may be developed for public projects and programs which may be implemented by SANBAG or other public agencies, such as, but not limited to: rail and bus transitways, 16-1001488 Rancho Cucamonga Rev. 11/14/2016 License Agreement Form Approved 7/15/16 P57 bikeways, walkways, beautification projects, roadways, parking facilities, flood control and drainage facilities, and/or any other public or other governmental uses (collectively and individually "Public Use"); and that LICENSEE's use of the Premises under this License is a temporary, interim use as to which LICENSEE has no right to nor expectation of use for any particular length of time that may be terminated by SANBAG by thirty (30) days written notice to LICENSEE as set forth in Section 2.2.1 above. Accordingly, as a condition to entering into this License, LICENSEE expressly acknowledges and agrees that: (a) SANBAG may terminate this License as set forth above for any Public Use, to be determined in the sole and absolute discretion of SANBAG's Executive Director, or designee; (b) LICENSEE shall NOT object to, oppose, or protest at any approval proceeding, nor file suit to prevent or delay, any Public Use when planned, proposed or implemented on or adjacent to the Premises; (c) If SANBAG's Executive Director, or designee, at any time, or from time to time, determines in his or her sole and absolute discretion, that there is a need for the Premises or any adjoining property for a Public Use and such Public Use requires relocation or removal of the Improvements, LICENSEE shall reconstruct, alter, modify, relocate or remove its Improvements, as directed by SANBAG or any parties having operating rights over the Premises, at LICENSEE's sole cost and expense, within thirty (3 0) days after written notice from SANBAG; and (d) LICENSEE expressly assumes all risk of any future Public Use as determined by SANBAG and in the event SANBAG terminates this License and requires LICENSEE to vacate the Premises for any Public Use, LICENSEE shall not, as a result of such termination and vacation of the Premises, be entitled to receive any: (i) relocation assistance, moving expenses, goodwill or other payments under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C. §4601 et seq. and/or the California Relocation Assistance Law, as amended, California Government Code §7260 et seq; and (ii) compensation under any eminent domain or inverse condemnation law. 2.2.4. Penalty: If LICENSEE fails to terminate use of the Premises and/or restore the Premises as required in Item 2.3 below, on or before the End Date specified in Item 4.B of the Basic License Provisions or the termination date established as otherwise provided in this License ("Termination Date"), then, in addition to any and all other remedies available to SANBAG under the terms of this License or at law or equity, LICENSEE shall pay a Penalty equal to twice the Base Use Fee in effect on the day prior to the Termination Date, plus twice any Additional Use Fee, calculated and payable on a monthly basis, for the 16-1001488 Rancho Cucamonga Rev. H/ License Agreement Form Approved 7/15/16 P58 number of months (partial months counting as whole months) from the Termination Date to the date that LICENSEE has terminated use and restored the Premises to the required condition. In the event that any Additional Use Fee is set as a percentage of revenues, or on some other variable basis, it shall be calculated based on the average for the prior twelve month period or if in effect less than one year, the monthly average from the effective date to the day prior to the Termination Date. LICENSEE shall indemnify SANBAG against all liabilities, costs and damages sustained by SANBAG by reason of such failure to terminate and restore. 2.3. Termination of Use and Restoration of Premises. Upon the Termination Date, unless otherwise requested in writing by SANBAG prior to the Termination Date, LICENSEE, at its own cost and expense, shall immediately remove all alterations additions and Improvements made by LICENSEE to the Premises and restore the SANBAG Property as nearly as possible to the same state and condition as existed prior to the construction, reconstruction or installation of said Improvements. Should LICENSEE fail to comply with the requirements of the preceding sentence, SANBAG may at its option (i) perform the same at LICENSEE's expense (including costs, interest, and fees), which LICENSEE agrees to pay to SANBAG on demand, or (ii) assume title and ownership of said Improvements. No termination hereof shall release LICENSEE from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date the Improvements are removed and the SANBAG Property is restored. 3. PAYMENTS 3.1. Fees. As consideration for the rights herein granted, LICENSEE agrees to pay to SANBAG the Administration and Use Fees specified in Item 5 of the Basic License Provisions, adjusted as set forth in Section 3.2. 3.1.1. Administration Fee. The Administration Fee set forth in Item 5.A of the Basic License Provisions shall be due and payable annually in advance prior to each anniversary of the execution date of this license. 3.1.2. Base Use Fee. If Item 5.B.i of the Basic License Provisions is checked, the first month's Base Use Fee noted therein shall be due and payable upon LICENSEE's execution of this License. Thereafter, the Base Use Fee, as such fee may be adjusted pursuant to the provisions of Section 3.2, shall be due and payable, without demand, on or before the first day of each calendar month succeeding the Commencement Date during the Term. The Base Use Fee for any fractional calendar month at the commencement or end of the Term shall be prorated on a daily basis. If Item 5.B.ii of the Basic License Provisions is checked, the annual Use Fee amount, as such fee may be adjusted pursuant to the provisions of Section 3.2, shall be due and payable, without demand, annually in advance on or before the anniversary month of the Commencement Date for the convenience of both Parties, without affecting 16-1001488 Rancho Cucamonga Rev. 11/14/2016 License Agreement Form Approved 7/1.5/16 P59 the Term of this License as specified in Section 2.1 of the Basic License Provisions. 3.1.3. Additional Use Fee. If Item 5.C.i of the Basic License Provisions is checked, the one-time fee noted therein shall be due and payable upon execution of this License by LICENSEE. If Item 5.C.ii of the Basic License Provisions is checked, the fee noted therein shall be due and payable as indicated in Item 5.C.ii. 3.2. Use Fee Adjustment. 3.2.1. Annual CPI Adiustment. If Item 5.D.i of the Basic License Provisions is checked, then the Base Use Fee shall be increased, but not decreased, as provided below on the first day of each month during which an annual anniversary of the Commencement Date occurs unless another date is provided in Item 5 of the Basic License Provisions (the "Adjustment Date"). If no adjustment is made at the annual anniversary date, an adjustment may nevertheless be made at a subsequent date and thereafter at not less than annual intervals. The adjusted Base Use Fee as of each Adjustment Date shall be the greater of the Base Use Fee on the day preceding that Adjustment Date or that amount multiplied by a fraction, the numerator of which is the CPI figure for the month that is three (3) months prior to the month during which the particular Adjustment Date occurs and the denominator of which is the CPI figure for the month that is three (3) months prior to the month containing the prior Adjustment Date or, if there has been no prior Adjustment, three (3) months prior to the first day of the anniversary month of the Commencement Date. As used in this section, the "CPI" means the Consumer Price Index for Urban Wage Earners and Clerical Workers, Los Angeles/Riverside/Orange County, all items (1982-84 = 100), published by the U.S. Department of Labor, Bureau of Labor Statistics (Bureau), or if such index is no longer published, the U.S. Department of Labor's most comprehensive official index then in use that most nearly corresponds to the index named above. If it is calculated from a base different from the base period 1982-84 = 100, figures used for calculating the adjustment shall first be converted to the base period used under a formula supplied by the Bureau. If a comparable index shall no longer be published by the U.S. Department of Labor, another index generally recognized as authoritative shall be substituted by SANBAG. 3.2.2. Fair Market Adjustment. If Item 5.D.ii of the Basic License Provisions is checked, then, at intervals of not less than three (3) years, the Base Use Fee (as such fee may be adjusted by Section 3.2.1, above) payable under this Section 3 shall be increased, but not decreased, in order to adjust the fee to the then fair market rental value of the Premises as determined by SANBAG in good faith. Such increases shall be effective as of thirty (30) days after written notice from SANBAG to LICENSEE of such adjustment, or the date specified in such written notice, whichever is later. If no adjustment is made 16-1001488 Rancho Cucamonga Rev. 11/14/2016 License Agreement Form Approved 7/15/16 '.1 at any three (3) year interval, an adjustment may nevertheless be made on any subsequent date and thereafter at intervals of not less than three (3) years apart. 3.2.3. Other Adiustment. If Item 5.D.iii of the Basic License Provisions is checked, then, in addition to any adjustments required under Items 5.131 and 5.D.ii, the adjustment set forth in 5.D.iii shall be applied in accordance with its terms. 3.3. Late Charge. LICENSEE acknowledges that late payment by LICENSEE of any payment owed to SANBAG under this License will cause SANBAG to incur costs not contemplated by this License, the exact amount of such costs being extremely difficult and impracticable to determine. Therefore, if any payment due from LICENSEE is not received by SANBAG within five (5) days of when due, LICENSEE shall pay to SANBAG an additional sum of ten percent (10%) of the overdue payment as a late charge, up to a maximum amount of $500 for each late payment. The Parties agree that this late charge represents a fair and reasonable estimate of the administrative costs that SANBAG will incur by reason of a late payment by LICENSEE. Acceptance of any late payment charge shall not constitute a waiver of LICENSEE's default with respect to the overdue payment, nor prevent SANBAG from exercising any of the other rights and remedies available to SANBAG under this License, at law or in equity. In addition, any payment not made within 15 days of when due shall bear interest at the rate of eighteen percent (18%) per annum, or the highest legally allowable rate, whichever is lower, until paid in full. 4. SECURITY DEPOSIT Upon execution of this License and in addition to the payment described in Section 3 of the Basic License Provisions, SANBAG may require LICENSEE to pay SANBAG a security deposit in the amount set forth in Item 6 of the Basic License Provisions ("Security Deposit"), which sum shall be held by SANBAG in its general fund, without obligation for interest, as security for the faithful performance by LICENSEE of all of the terms, covenants, conditions and obligations of this License. If at any time LICENSEE fails to keep and perform any of the terms, covenants, and conditions of this License, including making any payment required hereunder, SANBAG may, at its sole option, apply all or any portion of the Security Deposit to any overdue payment and/or any loss or damage incurred by SANBAG by reason of LICENSEE's default or breach. Within a reasonable time after termination of this License and after LICENSEE has vacated the Premises, SANBAG shall return, without interest, said deposit or portion remaining, if any, after deductions for any unpaid payments and any losses or damages sustained by SANBAG due to any breach or default by LICENSEE or any damage to the Premises or any failure to restore the Premises to the required condition. 5. TAXES LICENSEE shall be liable for and agrees to pay promptly and prior to delinquency, any tax or assessment, including but not limited to any possessory interest tax as described in California Revenue and Taxation Code Section 107, levied by any governmental authority: (a) against the 16-1001488 Rancho Cucamonga Rev. 11/14/2016 License Agreement Form Approved 7/15/16 P61 Improvements, the Premises and/or any personal property, fixtures or equipment located on or placed on the Premises, whether owned by LICENSEE or any person or entity acting for or at the request of LICENSEE; or (b) as a result of the LICENSEE's or the Improvements' operations. 6. LIENS LICENSEE will fully and promptly pay for all materials joined or affixed to the Improvements or Premises, and fully and promptly pay all persons who perform labor upon said Improvements or Premises. LICENSEE shall not suffer or permit to be filed or enforced against the Premises or the Improvements, or any part thereof, any mechanics', materialmen's, contractors', or subcontractors' liens or stop notices arising from, or any claim for damage growing out of, any testing, investigation, maintenance, Work, activities, or operations of LICENSEE, or out of any other claim or demand of any kind. The term "Work" under this License means any construction, reconstruction, installation, restoration, alteration, repair, replacement, or removal, other than normal maintenance. LICENSEE shall provide SANBAG with immediate written notice of any such liens, claims, demands, or stop notices that are placed against the Premises or the Improvements. LICENSEE shall pay or cause to be paid all such liens, claims or demands, including sums due with respect to stop notices, together with attorney's fees incurred by SANBAG with respect thereto, within ten (10) business days after notice thereof and shall indemnify, hold harmless and defend SANBAG from any and all such obligations and claims, including attorney's fees. LICENSEE shall furnish evidence of payment upon request of SANBAG. LICENSEE may contest any lien, claim or demand by furnishing a statutory lien bond or equivalent with respect to stop notices to SANBAG in compliance with applicable California law. If LICENSEE does not discharge any mechanic's lien or stop notice for works performed for LICENSEE, SANBAG shall have the right to discharge same (including by paying the claimant) and LICENSEE shall reimburse SANBAG for the cost of such discharge, as well as any associated costs and fees, within ten (10) business days after billing. In such circumstances, LICENSEE shall pay an additional fee to SANBAG of twenty five percent (25%) of the costs of the discharge of the lien or stop notice in order to cover SANBAG's administrative costs. SANBAG reserves the right at any time to post and maintain on the Premises such notices as may be necessary to protect SANBAG against liability for all such liens and claims. The provisions of this section shall survive the termination of this License. 7. ASSUMPTION OF RISK AND WAIVER To the maximum extent allowed by law, LICENSEE assumes any and all risk of loss, damage or injury of any kind to any person or property, including without limitation, the Improvements, the SANBAG Property and any other property of, or under the control or custody of, LICENSEE, which is on or near the Premises. LICENSEE's assumption of risk shall include, without limitation, loss or damage caused by defects in any structure or improvement on the SANBAG Property, accident or fire or other casualty on the SANBAG Property, and electrical discharge, noise or vibration resulting from SANBAG's transit operations on or near the SANBAG Property. The term "SANBAG" as used in this section shall include: (i) any transit or rail - related company validly operating upon or over SANBAG's tracks or other property, and (ii) any other persons or companies employed, retained or engaged by SANBAG. LICENSEE, on behalf of itself and its officers, directors, affiliates, employees, agents, independent contractors and 16-1001488 Rancho Cucamonga Rev. 11/14/2016 License Agreement Form Approved 7/15/16 MM subcontractors anyone directly or indirectly employed by or for whose acts LICENSEE is liable (collectively, "Personnel"), as a material part of the consideration for this License, hereby waives all claims and demands against SANBAG for any such loss, damage or injury of LICENSEE and/or its Personnel. In that connection, LICENSEE expressly waives the benefit of California Civil Code Section 1542, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. The provisions of this section shall survive the termination of this License. 8. DEFAULT, BREACH AND REMEDIES 8.1. Licensee Default. LICENSEE shall be deemed to have breached and be in default under this License when any of the following occurs: (a) LICENSEE shall fail to make any payment or any reimbursement to SANBAG required herein when due; (b) LICENSEE shall vacate all or a substantial portion of the Premises, whether or not LICENSEE is in default of the payment or other charges due under this License; (c) LICENSEE shall fail to comply with any other term, provision or covenant of this License, and shall not cure such failure within three (3) days after written notice thereof to LICENSEE; or (d) LICENSEE shall create or maintain, or allow any other person or entity to create or maintain, any public nuisance or any condition that fails to comply with any federal, state, SANBAG or rail operator specifications or safety regulations or that presents a danger to public safety or a safety hazard to any operations, personnel, passengers or property of SANBAG or any rail carrier operating upon the affected rail line(s) on the Premises or SANBAG's adjacent right of way. 8.2. SANBAG's Remedies. 8.2.1. Termination. Upon the occurrence of LICENSEE's default and breach, SANBAG shall have the right, at any time, with or without notice or demand, to terminate this License, and at any time thereafter to recover possession of the Premises or any part thereof and expel and remove therefrom LICENSEE and any other person occupying the same, by any lawful means, and again repossess and enjoy the Premises without prejudice to any of the remedies that 16-1001488 Rancho Cucamonga Rev. 11/14/2016 License Agreement Form Approved 7/15/16 P63 SANBAG may have under this License, at law or equity by reason of LICENSEE's default or of such termination. 8.2.2. Corrective Measures. Should LICENSEE default on, breach, or fail to keep, observe or perform any agreement, covenant, term or condition on its part herein contained, then, in addition to any other available rights and remedies, SANBAG at its option may perform any corrective measures deemed by SANBAG in its sole and absolute discretion to be necessary or appropriate to protect public health or safety, or SANBAG's legitimate governmental or proprietary interests or the interests of its railroad operators, at LICENSEE's expense (including fees, costs and interest) which LICENSEE agrees to pay to SANBAG upon demand. 8.2.3. Costs. If SANBAG incurs any cost or expense occasioned by the default of LICENSEE (including but not limited to attorneys' fees and costs), then SANBAG shall be entitled to receive such costs together with interest on all funds SANBAG expends at the lesser of eighteen percent (18%) per annum or the maximum rate allowed by law, whichever is lower, including without limitation, brokers' fees incurred by SANBAG in connection with relicensing the whole or any part of the Premises; the costs of removing and storing LICENSEE's or other occupant's property; the costs of repairing, altering, and/or otherwise restoring the Premises to a safe and suitable condition, useable and acceptable to SANBAG, rail operators and future licensees; and all reasonable expenses incurred by SANBAG in enforcing or defending SANBAG's rights and remedies, including reasonable attorneys' fees whether or not suit is actually filed. 8.2.4. Remedies Cumulative. All rights, privileges and remedies of the parties are cumulative and not alternative or exclusive to the extent permitted by law except as otherwise provided herein 8.3. SANBAG Default and Licensee's Remedies. SANBAG shall not be in default under this License unless SANBAG fails to perform obligations required of SANBAG within sixty (60) days after written notice is delivered by LICENSEE to SANBAG specifying the obligation which SANBAG has failed to perform; provided, however, that if the nature of SANBAG's obligation is such that more than sixty (60) days are required for performance, then SANBAG shall not be in default if SANBAG commences performance within such sixty (60) day period and thereafter diligently prosecutes the same to completion. LICENSEE's exclusive remedies shall be an action for specific performance. 9. INDEMNIFICATION 9.1. LICENSEE, on behalf of itself and its successors and assigns, agrees to indemnify, defend (by counsel satisfactory to SANBAG), and hold harmless SANBAG in all its capacities, and its members, commissioners, officers, directors, employees, agents, 16-1001488 Rancho Cucamonga Rev. 11/14/2016 License Agreement Form Approved 7/15/16 consultants, contractors, partners, affiliated entities, subsidiaries, permittees, licensees, successors and assigns (individually and collectively, "Indemnitees"), to the maximum extent allowed by law, from and against all loss, liability, claims, demands, suits, liens, claims of lien, damages (including consequential damages), costs and expenses (including, without limitation, any fines, penalties, judgments, litigation expenses, and experts' and attorneys' fees), that are incurred by or asserted against Indemnitees arising out of or connected in any manner with (i) the acts or omissions to act of the LICENSEE or its Personnel (as defined in Section 7, Assumption of Risk and Waiver) or invitees of LICENSEE in connection with the SANBAG Property or the presence upon or performance of activities by LICENSEE or its Personnel with respect to the SANBAG Property, (ii) bodily injury to or death of any person (including employees of Indemnitees) or damage to or loss of use of property resulting from such acts or omissions of LICENSEE or its Personnel, or (iii) non-performance or breach by LICENSEE or its Personnel of any term or condition of this License, in each case whether occurring during the Term of this License or thereafter. 9.2. The LICENSEE acknowledges that any construction allowed on the Premises pursuant to this License is not being performed for SANBAG's benefit or on SANBAG's account and that this is an agreement allowing LICENSEE and/or its contractor(s) to enter upon SANBAG's Property as an accommodation within the meaning of California Civil Code Section 2782.1. Therefore, the foregoing indemnity shall be effective regardless of any negligence (whether active, passive, gross, derivative, sole, joint, concurring or comparative) on the part of Indemnitees, unless caused solely by the gross negligence or willful misconduct of Indemnitees, and is in addition to any other rights or remedies which Indemnitees may have under the law or under this License. Upon request of SANBAG, LICENSEE shall provide insurance coverage for possible claims or losses covered by the indemnification and defense provisions of this License. 9.3. Claims against the Indemnitees by LICENSEE or its Personnel shall not limit the LICENSEE's indemnification obligations hereunder in any way, whether or not such claims against Indemnitees may result in any limitation on the amount or type of damages, compensation, or benefits payable by or for LICENSEE or its Personnel under workers' compensation, disability benefits or other employee benefits laws or insurance. 9.4. The indemnification and defense obligations of LICENSEE set forth in this section shall survive the termination and End Date of this License. 10. INSURANCE 10.1. SANBAG's Insurance. SANBAG may maintain insurance covering the Premises and SANBAG's ownership and operation thereof in such types and amounts as it deems necessary in its sole discretion. Such insurance shall be for the sole benefit of SANBAG and under its sole control. LICENSEE's insurance policies shall provide 16-1001488 Rancho Cucamonga Rev. 11/14/2016 License Agreement Form Approved 7/15/16 10 P64 P65 primary coverage to SANBAG; when any such policy issued to SANBAG provides duplicate coverage or is similar in coverage, SANBAG's policy will be excess over LICENSEE's policies. 10.1.1. Licensee's Insurance. LICENSEE, at its sole cost and expense, shall obtain and maintain in fill force and effect during the Term of this License insurance as required by SANBAG in the amounts and coverages specified and issued by insurance companies as described in, and meeting all other requirements set forth in, Exhibit "B". SANBAG reserves the right, throughout the Term of this License, to review and change the amount and type of insurance coverage it requires in connection with this License or any Work to be performed on the Premises. Prior to (i) entering the Premises or (ii) performing any Work or maintenance on the Premises, LICENSEE shall furnish SANBAG with insurance endorsements and/or certificates evidencing the existence, amounts and coverages of the insurance required to be maintained hereunder. SANBAG shall not be liable for the payment of any premiums or assessments for insurance required to be maintained by LICENSEE under this License. Self-insurance is not permitted. However, SANBAG may, in its sole and absolute discretion, permit self-insurance on a case by case, coverage by coverage basis where the LICENSEE has documented, to SANBAG's sole satisfaction, sufficient available assets and/or available funds and sufficient legal security in those assets to assure SANBAG that its risk is not greater than it would have been with acceptable insurance coverage, and otherwise meeting SANBAG's self-insurance requirements. The privilege to self -insure with respect to any coverage required to be maintained hereunder may be granted or revoked by SANBAG at its sole and absolute discretion at any time. Upon revocation of self-insurance privilege, LICENSEE shall immediately provide all required insurances. 10.2. Increases to Insurance. If any increase in the fire and extended coverage insurance premiums paid by SANBAG is caused by LICENSEE's use and occupancy of the Premises, or if LICENSEE vacates the Premises and causes any increase in such premiums, then LICENSEE shall pay as an additional fee the amount of such increase to SANBAG, and, upon demand by SANBAG, the amount required to correct at LICENSEE's expense the cause of such disallowance, penalty or surcharge to the satisfaction of the particular insurance authority. 11. MAINTENANCE AND REPAIR LICENSEE, at LICENSEE's sole expense, shall during the Term of this License maintain the Improvements in a first-class condition, shall maintain the Premises in a good condition, free from weeds, litter, debris, refuse or other nuisance, and shall perform all maintenance and clean- up of the Premises and the Improvements as necessary to keep the Premises and the Improvements in good order and condition to SANBAG's sole satisfaction. If any portion of the SANBAG Property, including improvements or fixtures, suffers damage by reason of the access to or use of the Premises by LICENSEE or LICENSEE's employees, agents, customers, invitees, 16-1001488 Rancho Cucamonga Rev. 11/14/2016 License Agreement Form Approved 7/15/16 licensees, consultants, and contractors (collectively, "LICENSEE's Parties"), including but not limited to damage arising from any tests or investigations conducted upon the Premises, LICENSEE shall, at its own cost and expense, immediately repair all such damage and restore the SANBAG Property to as good a condition as before such cause of damage occurred. Repair of damage shall include, without limitation, re -grading and resurfacing of any holes, ditches, indentations, mounds or other inclines created by any excavation by LICENSEE or LICENSEE's Parties. LICENSEE shall not perform any maintenance on railroad tracks and facilities without express prior written approval of and direction from SANBAG or the railroads with valid operating authority over SANBAG's lines and compliance with all applicable standards, specifications and safety requirements. 12. ALTERATIONS AND CONSTRUCTION Except as otherwise provided herein, LICENSEE shall make no alterations, additions or Improvements to the Premises without obtaining the prior written consent of SANBAG in each instance. Any work performed or caused to be performed by LICENSEE on the Improvements or the Premises shall be performed (a) at LICENSEE's sole cost and expense; (b) in accordance with any and all applicable permit requirements, laws, rules, regulations and safety requirements (including SANBAG's rules and regulations), and (c) in a manner which is (i) equal to or greater than the then applicable standards of the industry for such work, and (ii) satisfactory to SANBAG. LICENSEE shall submit written notice and work plans to SANBAG for review and approval at least thirty (30) days prior to commencement of any work on the Premises. Any such work must be carried out pursuant to the work plans approved in writing by SANBAG and in compliance with any and all SANBAG rules, regulations and other requirements. SANBAG shall have the right at any time and from time to time to post and maintain notices of non - responsibility. Unless otherwise requested by SANBAG, upon completion of any work, LICENSEE shall restore the SANBAG Property to its condition immediately preceding the commencement of such work. 13. CONTRACTORS; APPROVAL AND INSURANCE Any contractors of LICENSEE performing Work on the Improvements or the Premises shall first be approved in writing by SANBAG and acquire all required right of entry permits and authorizations from SANBAG and any rail operator utilizing affected or adjacent railroad tracks. With respect to such Work, LICENSEE shall, at its sole cost and expense, obtain and maintain in full force and effect throughout the term of such Work, insurance, as required by SANBAG, in the amounts and coverage specified on and issued by insurance companies as described in Exhibit "B". Additionally, LICENSEE shall cause any and all of its contractors and subcontractors which may (i) be involved with such Work, or (ii) may, for any reason, need to enter onto the Premises, to obtain and maintain in full force and effect during the Term of this License, or throughout the term of such Work (as applicable), insurance, as required by SANBAG, in the amounts and coverage specified on, and issued by insurance companies as described in Exhibit `B". SANBAG reserves the right, throughout the Term of this License, to review and change the amount and type of insurance coverage it requires in connection with this License or the Work to be performed on the Premises. 16-1001488 Rancho Cucamonga Rev. 11/14/2016 License Agreement Form Approved 7/15116 12 '.. P67 14. REIMBURSEMENT LICENSEE agrees to reimburse SANBAG for all reasonable costs and expenses that SANBAG incurs in connection with Work on or maintenance of the Premises or the Improvements, including, but not limited to, costs incurred by SANBAG in furnishing any materials or performing any labor, reviewing LICENSEE's Work plans and inspecting any Work, installing or removing protection beneath or along SANBAG's tracks, furnishing of watchmen, flagmen and inspectors as SANBAG deems necessary and such other items or acts as SANBAG in its sole discretion deems necessary to monitor or aid in compliance with this License, protect the safety of, and railway operations upon, its tracks and right-of-way, and to otherwise protect its interests. The costs and expenses addressed in this Section 14 shall include all costs that SANBAG incurs in complying with the Work or maintenance requirements of the railroads with valid operating authority over SANBAG's lines. 15. LANDSCAPING If required by SANBAG, then LICENSEE, at its sole cost and expense, shall install barrier landscaping to shield the Improvements from public view. SANBAG shall have the right to review and approve landscaping plans prior to installation. All landscaping activities shall be done in accordance with the provisions of Section 12 above (Alterations and Construction). 16. MARKERS Except as modified by any additional provisions attached at Exhibit "D", project markers in form and size satisfactory to SANBAG, identifying the Improvements and their owner(s), shall be installed and constantly maintained by and at the expense of LICENSEE at such locations as SANBAG shall designate. Such markers shall be relocated or removed upon request of SANBAG without expense to SANBAG. Absence of markers in or about SANBAG Property does not constitute a warranty by SANBAG of the absence of subsurface installations. 17. COMPLIANCE WITH LAWS LICENSEE shall comply with all applicable federal, state and local laws, regulations, rules and orders in its Work on, or maintenance, inspection, testing or use of, the SANBAG Property, and shall furnish satisfactory evidence of such compliance promptly upon request of SANBAG. LICENSEE shall obtain all required permits or leases required by any governmental authority for its use of the Premises, at its sole cost and expense. LICENSEE shall comply with all SANBAG policies, rules and regulations applicable to its properties. Subject to SANBAG's approval, LICENSEE shall at its own cost and expense install and construct all physical improvements to or needed to serve the Premises that are required by any federal, state or local building code or other law or regulation applicable to the Premises, or that are made necessary by the nature of LICENSEE's use of the Premises. LICENSEE shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at LICENSEE's sole expense. 16-1001488 Rancho Cucamonga Rev. 11/14/2016 License Agreement Form Approved 7/15/16 13 18. SANBAG'S RIGHT OF ACCESS 18.1. Inspections. SANBAG shall have the right at any time (upon provision of reasonable notice of inspection to LICENSEE) or in case of emergency (without notice), to inspect the Premises in order to protect SANBAG's interests therein and to monitor compliance with this License, including compliance with applicable federal, state and local laws, regulations, rules and orders. Failure to submit to or cooperate with any inspection may result in termination of the License. 18.2. Tests. If, in SANBAG's sole judgment, any installation on, or use or condition of the Premises may have an adverse effect on the Premises or SANBAG Property, adjacent property or SANBAG's operations, SANBAG shall be permitted to conduct any tests or assessments, including but not limited to environmental assessments, of, on or about the Premises, as it determines to be necessary or useful to evaluate the condition of the Premises. LICENSEE shall cooperate with SANBAG in any tests or inspections deemed necessary by SANBAG. 18.3. Costs. LICENSEE shall pay or reimburse SANBAG, as appropriate, for all reasonable costs and expenses incurred due to tests, inspections or any necessary corrective Work, maintenance and inspections thereafter. SANBAG may establish an inspection fee, which may be changed from time to time, as part of an inspection program. The user shall pay such fee for each such inspection. Failure to pay the fee may result in termination of the License. 18.4. Sale or Lease of Premises. SANBAG may at any time place on or about the Premises (including the Improvements) any ordinary "for sale" and "for lease" signs. LICENSEE shall also permit SANBAG and its agents, upon request, to enter the Premises or any part thereof, at reasonable times during normal business hours, to show the Premises to prospective tenants, purchasers or mortgagees. 19. ENVIRONMENTAL ASSESSMENT Upon execution of this License, SANBAG may, in its sole discretion and if applicable, require LICENSEE to retain a duly licensed environmental consultant acceptable to SANBAG who shall perform an environmental assessment of the Premises and LICENSEE's and LICENSEE's Parties' business activities and prepare a report on LICENSEE's and/or LICENSEE's Parties' compliance with the provisions of this section. SANBAG may require LICENSEE to cause a similar environmental assessment to be conducted on an annual basis, and/or upon or within one (1) year after the expiration or earlier termination of this License, the cost of which shall be the sole responsibility of LICENSEE. LICENSEE shall provide a copy of the report or reports from the consultant(s) promptly to SANBAG upon receipt, and upon request shall promptly provide to SANBAG a copy of all data, documents and other information prepared or gathered in connection therewith. 16-1001488 Rancho Cucamonga Rev. 11/14/2016 License Agreement Form Approved 7/15/16 14 '.: 20. HAZARDOUS/TOXIC MATERIAL USE AND INDEMNITY 20.1. LICENSEE shall operate and maintain the Premises in compliance with all Environmental Laws, and shall not cause or permit the Premises to be in violation of any Environmental Law which is now or may hereafter become applicable to LICENSEE or the Premises. As used herein, "Environmental Law(s)" means any federal, state or local environmental, health and/or safety-related law, regulation, standard, decision of a court, permit or permit conditions, currently existing or as amended or adopted in the future. Except for any Hazardous Material expressly approved by SANBAG in writing as shown on Exhibit "C", LICENSEE shall not cause or permit, or allow any of LICENSEE's Parties to cause or permit, any Hazardous Material to be brought upon, stored, used, generated, treated or disposed of on or about the SANBAG Property. Any Hazardous Material on the site shall be stored, used, generated and disposed of in accordance with all applicable Environmental Laws. As used herein, "Hazardous Material" means any chemical, substance or material, including any mixture or solution, which by virtue of its properties or effects is potentially harmful to health, safety or property, or which is now or becomes in the future listed, defined or regulated in any manner under any Environmental Law as a hazardous or dangerous material or substance. 20.2. LICENSEE shall indemnify, defend (by counsel acceptable to SANBAG) and hold harmless the Indemnitees (as defined in Section 9, Indemnification) from and against all loss, liability, claim, damage, cost or expense (including without limitation, any fines, penalties, judgments, litigation expenses, attorneys' fees, and consulting, engineering, and construction fees and expenses) incurred by Indemnitees as a result of (a) LICENSEE's breach of any prohibition or provision of this section, or (b) any release of Hazardous Material upon or from the Improvements or the Premises or contamination of the SANBAG Property which: (i) occurs due to the use and occupancy of the Improvements or the Premises by LICENSEE or LICENSEE's Parties, or (ii) is made worse due to the act or failure to act of LICENSEE or LICENSEE's Parties. 20.3. The foregoing indemnity shall be effective regardless of any negligence (whether active, passive, derivative, joint, concurring or comparative) on the part of Indemnitees, unless caused solely by the gross negligence or willful misconduct of Indemnitees; shall survive expiration or termination of this License; and is in addition to any other rights or remedies which Indemnitees may have under the law or under this License. 20.4. In addition, in the event of any release on or contamination of the Premises, LICENSEE, at its sole expense, shall promptly take all actions necessary to clean up the affected property (including the SANBAG Property and all affected adjacent property — whether or not owned by SANBAG) and to return the affected property to the condition existing prior to such release or contamination, to the satisfaction of SANBAG and any governmental authorities having jurisdiction. 16-1001488 Rancho Cucamonga Rev. 11/14/2016 License Agreement Form Approved 7/15/16 15 P70 21. UNDERGROUND STORAGE TANKS 21.1. NEITHER LICENSEE NOR LICENSEE'S PARTIES SHALL INSTALL OR USE ANY UNDERGROUND STORAGE TANKS ON THE PREMISES UNLESS SPECIFICALLY APPROVED IN ADVANCE IN WRITING BY SANBAG, WHICH APPROVAL MAY BE WITHHELD IN SANBAG'S SOLE DISCRETION. 21.2. At SANBAG's option, upon the termination of this License at any time and for any reason, LICENSEE shall, prior to the effective date of such termination, remove and close all underground storage tanks and related equipment and clean up and remove all Hazardous Material in, on, under and about the Premises, in accordance with the requirements of all Environmental Laws and to the satisfaction of SANBAG and any governmental authorities having jurisdiction thereover, and deliver to SANBAG a copy of a certificate of closure issued for such tanks by the appropriate governmental authority. 22. CONDEMNATION In the event all or any portion of the Premises shall be taken or condemned for public use by a governmental agency or any other party having the power of eminent domain (including conveyance by deed in lieu of or in settlement of condemnation proceedings), LICENSEE shall receive compensation (if any) only for the taking and damage to the Improvements. Any other compensation or damages arising out of such taking or condemnation awarded to LICENSEE are hereby assigned by LICENSEE to SANBAG. 23. BROKER'S FEES LICENSEE represents and warrants that it has dealt with no broker, agent or other third party in connection with this transaction and LICENSEE agrees to indemnify and hold SANBAG harmless from and against any claims by any broker, agent or other party claiming a commission or other form of compensation by virtue of having dealt with LICENSEE with regard to obtaining this License. 24. SUBORDINATE RIGHTS This License is subject and subordinate to the prior and continuing rights and obligation of SANBAG, its successors and assigns, to use the SANBAG Property in the exercise of its powers and in the performance of its duties, including those as a public transportation body, and to all Bonds, and their respective indentures, issued by SANBAG in any of its capacities and/or by any of its affiliated entities now in place or hereafter issued. Accordingly, there is reserved and retained unto SANBAG, its successors, assigns and permittees, the right to construct, reconstruct, operate, maintain, use and/or relocate existing and future rail tracks, facilities and appurtenances and existing and future transportation, communication, pipeline and other facilities and appurtenances in, upon, over, under, across and along the SANBAG Property or any portion thereof, and in connection therewith the right to grant and convey to others, rights and interests to the SANBAG Property or the Premises and in the vicinity of the Improvements, 16-1001488 Rancho Cucamonga Rev. 11/14/2016 License Agreement Form Approved 7/15/16 16 regardless of any effect or impact on the Improvements. LICENSEE shall bear all costs and losses it incurs associated with any modifications to the Improvements necessary to accommodate SANBAG's exercise of any right hereunder. This License is subject to all licenses, leases, easements, restrictions, conditions, covenants, encumbrances, liens, claims and other matters of title ("title exceptions") which may affect the SANBAG Property now or hereafter. This License is executed and delivered by SANBAG without any warranty of title, express or implied, and the words "grant" or "convey" as used herein shall not be construed as a warranty of title or a covenant against the existence of any such title exceptions. 25. ABANDONMENT Should LICENSEE at any time abandon the use of the Improvements or the Premises, or any part thereof, or fail at any time for a continuous period of ninety (90) days to use the same for the purposes contemplated herein, then this License shall terminate to the extent of the portion so abandoned or discontinued, and in addition to any other rights or remedies, SANBAG shall immediately be entitled to exclusive possession and ownership of the portion so abandoned or discontinued, without the encumbrance of this License. 26. GENERAL PROVISIONS 26.1. Notices. All notices and demands which either of the Parties is required to or desires to give to the other shall be made in writing by personal delivery, by express courier service or by certified mail postage prepaid, and addressed to the other Party at its address set forth in the Basic License Provisions. Either of the Parties may change its address for the receipt of notice by giving written notice thereof to the other Party in the manner herein provided. Notices shall be effective only upon receipt by the Party to whom notice or demand is given. 26.2. Governing Law. This License shall be governed by the laws of the State of California. 26.3. Binding Effect. The terms, provisions and covenants and conditions contained in this License shall apply to, inure to the benefit of, and be binding upon, the parties hereto and upon their respective heirs, legal representatives, successors and permitted assigns, except as otherwise herein expressly provided. If more than one person executes this License as LICENSEE, then each shall be jointly and severally liable for all obligations of LICENSEE hereunder. 26.4. No Third Party Beneficiaries. This License is not intended by either party to confer any benefit on any third party other than the constituent members of SANBAG, including without limitations any broker, finder, or brokerage firm. 26.5. Severability. If any term, covenant, condition or provision of this License, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants, conditions, or provisions of this License, or the application 16-1001488 Rancho Cucamonga Rev. 11/14/2016 License Agreement Form Approved 7/15/16 17 P71 thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 26.6. Interest on Past -due Obligations. Except as expressly herein provided, any amount due to SANBAG that is not paid when due shall bear interest, from the date due, at the maximum rate then allowable by law. Such interest will be due SANBAG as it accrues. Payment of such interest shall not excuse or cure any default by LICENSEE under this License, provided, however, that interest shall not be payable on late charges incurred by LICENSEE. 26.7. Captions. The captions included in this License are for convenience only and in no way define, limit, or otherwise describe the scope or intent of this License or any provision hereof, or in any way affect the interpretation of this License. 26.8. Survival of Obligations. All obligations of LICENSEE hereunder not fully performed as of the expiration or earlier termination of the Term of this License shall survive the expiration or earlier termination of this License, including without limitation all indemnity and defense obligations, all payment obligations with respect to Fees and all obligations concerning the condition of the SANBAG Property and the Improvements. 26.9. Waiver of Covenants or Conditions. The waiver by either Party of any term, covenant, agreement or condition under this License shall not invalidate this License, nor shall it be considered a waiver by it of any other covenant or condition or of the same covenant or condition in another instance. To the extent patterns of practice between the Parties are inconsistent with the terms of this License, such patterns of practice shall not waive in part or in full SANBAG's right to insist upon strict accordance with any of the provisions of this License. The subsequent acceptance of payments hereunder by SANBAG shall not be deemed to be a waiver of any preceding breach by LICENSEE of any provisions, covenant, agreement or condition of this License, other than the failure of LICENSEE to pay the particular payment so accepted, regardless of SANBAG's knowledge of such proceeding breach at the time of acceptance of such payment. 26.10. Effective Date/Nonbinding Offer. Submission of this License for examination or signature by LICENSEE does not constitute an offer of or option for a license, and it is not effective as a license or otherwise until executed and delivered by both SANBAG and LICENSEE. Each individual executing this License on behalf of SANBAG or LICENSEE represents and warrants to the other Party that he or she is authorized to do so. 26.11. Assignment. This License and the license granted herein are personal to the LICENSEE. LICENSEE shall not assign or transfer (whether voluntary or involuntary) this License in whole or in part, or permit any other person or entity to use the rights or privileges hereby conveyed, without the prior written consent of SANBAG, which may be withheld in SANBAG's sole and absolute discretion, and 16-1001488 Rancho Cucamonga Rev. 11/14/2016 License Agreement Form Approved 7/15/16 18 P72 any attempted act in violation of the foregoing shall be void and without effect and be a material breach of this License, which gives SANBAG the right to immediately terminate this License and seek all other available remedies for breach. 26.12. Entire Agreement; Amendments. This License, including all attached Exhibits, constitutes the entire agreement between the Parties and supersedes all prior verbal or written agreements and understandings between the Parties with respect to the items set forth in this License. The Parties each acknowledge that no representations, inducements, promises or agreements, oral or written, have been made by either SANBAG or LICENSEE, or anyone acting on behalf of SANBAG or LICENSEE, other than those contained in this License. No amendments, changes, revisions, or discharges, at any time in whole or in part, of this License shall be binding upon the Parties unless they are in writing and executed by the Parties. 26.13. Attorneys' Fees. If either SANBAG or LICENSEE commences or engages in, or threatens to commence or engage in, an action by or against the other party arising out of or in connection with this License or the Premises, the prevailing party shall be entitled to have and recover from the losing party reasonable attorneys' fees and other costs incurred in connection with the action, preparation for such action, any appeals relating thereto and enforcing any judgments rendered in connection therewith. If SANBAG becomes involved in any action, threatened or actual, by or against anyone not a party to this License, but arising by reason of or related to any act or omission of LICENSEE or LICENSEE's Parties, LICENSEE agrees to pay SANBAG's reasonable attorneys' fees and other costs incurred in connection with the action, preparation for such action, any appeals relating thereto and enforcing any judgments rendered in connection therewith. 26.14. Nondiscrimination. LICENSEE certifies and agrees that all persons employed by LICENSEE and LICENSEE's affiliates, subsidiaries, or holding companies, and any contractors retained by LICENSEE with respect to the Premises, are and shall be treated equally without regard to or because of race, religion, ancestry, national origin, or sex, and in compliance with all federal and state laws prohibiting discrimination in employment, including but not limited to the Civil Rights Act of 1964; the Unruh Civil Rights Act; the Cartwright Act; and the California Fair Employment Practices Act. 26.15. Further Acts. LICENSEE agrees to perform any further acts and to execute and deliver in recordable form any documents which may be reasonably necessary to carry out the provisions of this License, including, at SANBAG's sole discretion, the relocation of the Improvements and the license granted hereby. 26.16. Time of Essence. Time is of the essence for this License. 26.17. Certificates. LICENSEE agrees from time to time within ten (10) days after request of SANBAG, to deliver to SANBAG, or SANBAG's designee, all financial statements for the previous three (3) fiscal years of LICENSEE, and an estoppel 16-1001488 Rancho Cucamonga Rev. 11/14/2016 License Agreement Form Approved 7/15/16 19 P73 certificate stating that this License is in full force and effect, the date to which all applicable payments have been paid, the unexpired Term of this License and such other matters pertaining to this License as may be requested by SANBAG. 26.18. Security Measures. LICENSEE hereby acknowledges that the payments payable to SANBAG hereunder do not include the cost of guard service or other security measures, and that SANBAG shall have no obligation whatsoever to provide same. LICENSEE assumes all responsibility for the protection of LICENSEE, LICENSEE's Parties and their property from acts of third parties. 26.19. Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party to the other under the provisions hereof, the Party against whom the obligation to pay the money is asserted shall have the right to make payment "under protest" and such payment shall not be regarded as a voluntary payment, and there shall survive the right on the part of said party to institute suit for recovery of such sum. If it shall be adjudged that there was no legal obligation on the part of said Party to pay such sum or any part thereof, said Party shall be entitled to recover such sum or so much thereof as it was not legally required to pay under the provisions of this License. 26.20. No Recordina. LICENSEE shall not record or permit to be recorded in the official records of the county where the Premises are located, this License, any memorandum of this License or any other document giving notice of the existence of this License or the license granted hereby. 26.21. Flagmen. Where applicable, as a part of or in addition to all other safety obligations, LICENSEE shall maintain, at LICENSEE's expense, competent flagmen to protect and control movement of vehicles and equipment of LICENSEE or any other user of the Premises while upon the Premises, consistent with any applicable laws and regulations regarding work protection, including the rules and policies of SANBAG and/or any railroad operator having rights to utilize any affected or adjacent railroad tracks. 26.22. Additional Provisions. Those additional provisions set forth in Exhibit "D", if any, are hereby incorporated by this reference as if fully set forth herein. To the extent that any additional provisions in Exhibit "D" conflict with the provisions contained in this Part II, Standard License Provisions, the provisions in Exhibit "D" shall control. 16-1001488 Rancho Cucamonga Rev. 11/14/2016 License Agreement Form Approved 7/15/16 20 P74 w 125' SANJGABRIELISUBDIVIMN TO VINEYARD VE 807 EXHIBIT "A"" " "3 Q ARLIAID AVE STREET WIDENING AT HELLMAN AVENUE WITH THE INSTALLATION OF ISLANDS SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY 1170 W. 3rd Street, 2nd Floor San Bernardino, CA 92410-1715 P75 Date: Rev. 11/14/2016 SANBAG # 16-1001481 Branch/Line SAN GABRIEL SUB Mile Post SCRRA 39.59 SANBAG 98.2 Lessee/Licensee CITY OF RANCHO CUCAMONGA County SAN BERNARDINO Nearest Cross Street HELLMAN AVE EPIC File Number RSSB003784 Area 3,484 SQ. FT City RANCHO CUCAMONGA Scale 1" = 100' Map Reference EPIC 63, 64 Use STREET WIDENING Thomas Guide Grid 1602 H3 SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY 1170 W. 3rd Street, 2nd Floor San Bernardino, CA 92410-1715 P75 P76 Exhibit "B" INSURANCE REQUIREMENTS The holder of the permit, license or lease to which this Exhibit B is attached is hereinafter referred to as "User", and shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property that may arise from, or in connection with, the use of SANBAG property hereunder by the User, its agents, representatives, employees or subcontractors as follows: Scope of Coverages and Minimum Limits of Insurance (Check all applicable boxes) User shall maintain and provide proof of insurance coverage at least as broad as and with limits no less than the following: ® General Liability: Coverage: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). Minimum limits: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. ® Excess and/or Umbrella insurance coverage shall be in excess over the General Liability, Auto Liability & Workman's Compensation of- ® $s, 000, 000 ❑ $10, 000, 000 ❑ Automobile Liability: Insurance Services Office Form No. CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). $1,000,000 per accident for bodily injury and property damage. ® Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. $1,000,000 per occurrence for bodily injury or disease. ❑ Course of Construction: Providing coverage for "all risks" of loss in the completed value of the project. ❑ Property Insurance against all risks of loss to any tenant improvements or betterments.: Full replacement cost with no coinsurance penalty provision. ❑ Contractors Pollution Liability with coverage for: a. bodily injury, sickness, disease, mental anguish or shock sustained by any person, including death; b. property damage including physical injury to or destruction of tangible property including the resulting loss of use thereof, clean-up costs, and the loss of use of tangible property that has not been physically injured or destroyed; c. defense, including costs, charges and expenses incurred in the investigation, adjustment or defense of claims for such compensatory damages; and d. losses caused by pollution conditions that arise from the operations of the contractor described under the scope of services of this contract. $1, 000, 000 per occurrence $2, 000, 000 annual aggregate. 16-1001488 City of Rancho Cucamonga 11/17/2016 Exhibit B - Insurance Requirements Form Approved 7/2/14 P77 Exhibit "B" ❑ Railroad Protective Liability Insurance: Coverage: Insurance Services Office Form Railroad Protective Liability, AAR-AASHTO (ISO/RIMA), in the name of SANBAG with respect to the operations they or any of their subcontractors perform on the Property. Minimum Limits: $2 million per occurrence, combined single limit, for coverage and for losses arising out of injury to or death of all persons and for physical loss or damage to or destruction of Property, including the loss of use thereof. A $6 million annual aggregate shall apply. If providing coverage on the London claims - made form, the following provisions shall apply: a. The limits of liability shall be not less than $3 million per occurrence, combined single limit. A $9 million aggregate may apply. b. Declarations item 6, extended claims made date, shall allow an extended claims made period no shorter than the length of the original policy period plus one year. c. If equivalent or better, wording is not contained in the policy form, the following endorsement must be included: It is agreed that "physical damage to Property" means direct and accidental loss of or damage to rolling stock and their contents, mechanical construction equipment or motive power equipment, railroad tracks, roadbed, catenaries, signals, bridges or buildings. In cases of low hazard activity and insignificant risk to rail facilities, and if the exposure to the track is physically separated by a building, floor or a continuous fence (no thoroughfares) and the employees of the Contractor are explicitly notified, trained, and supervised such that they are not permitted to have any contact with the track or its related improvements, the Railroad Protective Liability Insurance requirement may be waived by SANBAG, or its designated representative, in SANBAG's sole and absolute discretion, where SANBAG's agreements and obligations with rail operators allow it. Deductibles and Self -Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by SANBAG. At the option of SANBAG, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects SANBAG, its officials, employees, members, affiliated entities (including the San Bernardino Associated Government Joint Powers Authority; the San Bernardino County Transportation Commission, the San Bernardino County Transportation Authority, the San Bernardino County Congestion Management Agency, and the San Bernardino County Service Authority for Freeway Emergencies), contractors, consultants, authorized rail operators and agents ("Related Parties"); or the User shall procure a bond guaranteeing payment of losses, and related investigations, claim administration and defense expenses. Other Insurance Provisions 1. The general liability and automobile liability policies are to contain, or be endorsed to include, the following provisions: a. SANBAG and Related Parties are to be covered as insured parties as respects: liability arising out of activities performed by or on behalf of the User; products and completed operations of the User; premises owned, occupied or used by the User; and automobiles 16-1001488 City of Rancho Cucamonga 11/17/2016 Exhibit B - Insurance Requirements Form Approved 7/2/14 P78 Exhibit "B" owned, leased, hired or borrowed by the User. The coverage shall contain no special limitations on the scope of protection afforded to SANBAG, or its Related Parties. b. For any claims related to this project, the User's insurance coverage shall be primary insurance as respects SANBAG, and its Related Parties. Any insurance or self-insurance maintained by SANBAG, or its Related Parties shall be excess of the User's insurance and shall not contribute with it. c. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to SANBAG and its Related Parties. d. The User's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. e. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either a party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to SANBAG. 2. All insurance policies, including without limitation, Workers' Compensation and Employer's Liability policies, shall contain or be endorsed to include a waiver of subrogation in favor of SANBAG and its Related Parties. No insurance coverage provided shall prohibit User or User's employees or agents from waiving the right of subrogation prior to a loss or claim. User hereby waives all rights of subrogation against SANBAG and its Related Parties. Additional Insured: All policies, except for Employer Liability/Worker's Compensation and Professional Liability policies, shall contain endorsements naming SANBAG and its Related Parties as additional insured parties with respect to liabilities arising out to the performance of Work hereunder. The additional insured endorsements shall not limit the scope of coverage for SANBAG or its Related Parties to vicarious liability but shall allow coverage for SANBAG and its Related Parties to the full extent provided by the policy. 4. Course of construction policies shall name SANBAG as loss payee. Acceptability of Insurers Insurance is to be placed with insurers admitted in California and with a current A.M. Best's rating of no less than A:VII, unless otherwise approved by SANBAG. Verification of Coveraze User shall furnish SANBAG with original certificates of insurance with endorsements as verifying coverage required by this Exhibit B. All documents are to be signed by a person authorized by that insurer to bind coverage on its behalf. All documents are to be received and approved by the SANBAG before Work commences. As an alternative, User may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Contractors and Subcontractors User shall include all contractors and subcontractors as insured parties under its policies or require certificates and endorsements for each contractor and subcontractor. All coverages for contractors and subcontractors shall be subject to all of the requirements stated herein. The 16-1001488 City of Rancho Cucamonga 11/17/2016 Exhibit B - Insurance Requirements Form Approved 7/2/14 P79 Exhibit "B" administration of insurance compliance of contractors and subcontractors shall be subject to audit review by SANBAG. 16-1001488 City of Rancho Cucamonga 11/17/2016 Exhibit B - Insurance Requirements Form Approved 7/2/14 ':1 Exhibit "C" Permitted Hazardous Material No hazardous material is permitted to be used or stored on Premises. 16-1001488 Rancho Cucamonga Rev. 11/1412016 License Agreement Form Approved 7/15/16 P81 Exhibit "D" ADDITIONAL REQUIREMENTS The following Additional Requirements are imposed on the Tenant/Licensee/Permittee and all of its contractors, subcontractors, employees, laborers or other persons performing any work upon SANBAG property on behalf of Tenant/Licensee/Permittee, and are made part of the terms of the Lease/License/Permit to which this Exhibit D is attached ("Agreement"). As used hereinafter, the term "Contractor" shall include the Tenant/Licensee/Permittee and each and every one of its contractors, subcontractors, employees, laborers, agents or other persons performing any work upon SANBAG property on behalf of Tenant/Licensee/Permittee; and the term "railroad operator" or "operating railroad" shall mean Southern California Regional Rail Authority (SCRRA), Burlington Northern Santa Fe Railroad Railway Company (BNSF) and/or any other railroad company or rail carrier having operating rights over rail lines owned or controlled by SANBAG. Contractor shall fully comply with each and every one of the Additional Requirements below which is in any way applicable to the type of use, construction, installation or facility allowed under the Contractor's Agreement and approved by SANBAG as required thereunder ("Permitted Use"). The inclusion of an Additional Requirement below that is not in any way applicable to the Contractor's Permitted Use shall not imply any right, permission or consent to expand the Permitted Use in any way. Contractor agrees to execute and deliver to each railroad operator prior to commencing any work within the rail right-of-way, a railroad Right of Entry Agreement which will include agreement to abide by each railroad operator's rules and requirements for construction on railway property. Contractor shall secure approval from SANBAG and each railroad operator of the design of any structures and facilities prior to commencing work on their construction or installation. Contractor will acquire and comply with any and all additional permits required by the railroad operator(s), affected public utilities and/or by any government agency having jurisdiction. Any permit fees, inspection fees, flagging fees, or costs associated with the use or maintenance of the Premise by any governmental agency, department, or organization, and any labor expenses for the installation or maintenance of any permitted improvements are the Contractor's sole responsibility. Fully conformed copies of all permits are to be provided to SANBAG. Additional permits required of the Contractor may include but are not limited to encroachment permits, Storm Water Pollution Prevention Plans, environmental permits, temporary use permits, regulatory permits and third party utility permits. Contractors shall have all original executed agreements and permits on hand while on site and will present them on demand of representative of SANBAG and/or the railroad operator(s). Prior to the commencement of work, the contractor shall submit to SANBAG for review and approval, a description of the work process including a detailed schedule of all work activities to be carried out on SANBAG property. 16-1001488 City of Rancho Cucamonga 11/17/2016 Exhibit D—Additional Requirements Form Approved 7/2/14 ':: [For convenience only, SANBAG provides the following telephone numbers for inquiries and information: SCRRA's Right of Way Engineers Office - (909) 394- 3418; BNSF's Roadmaster Office - (909) 386-4061] 3. Contractor at its sole cost and expense shall obtain and maintain, in full force and effect, insurance, as required by SANBAG and the railroad operator(s) during the entire construction period. The Contractor shall furnish copies of the insurance certificates to SANBAG and all affected railroad operators. 4. Contractor agrees to comply with instructions of SANBAG and each railroad operator's Employee -In -Charge (EIC) and other representatives in relation to the proper manner of protection of the tracks and the traffic moving theron, pole lines, signals and other property of SANBAG or its member agencies, tenants or licensees at or in the vicinity of the work, and shall perform the work at such times as not to endanger or interfere with safe and timely operations of railroad operators or of SANBAG's track and other facilities. Contractor will call the appropriate operating railroad to arrange for flagging services a minimum of fifteen (15) working days prior to beginning work. Although every effort is made to accommodate schedules, prior notification does not guarantee the availability of protective/flagging services for the proposed date of work. The SCRRA/BNSF flagman/EIC has sole authority to protect safe railroad operations and infrastructure, therefore, only they and their representatives are permitted to perform flagging operations within the railroad right-of-way. At all times the contractor shall follow the flagman/EIC's direction. Contractor's work may not proceed in the absence of a flagman in accordance with applicable rules. At no time shall any contractor be permitted to cross any track or place or maintain any personnel or equipment within the railroad right-of- way without the permission of the railroad flagman. SCRRA's Flagging Office (213) 305-8424 BNSF's Flagging Office (909) 386-4061 6. Prior to the start of construction and at the contractor's expense, all personnel including subcontractors and third parties shall complete SCRRA's/BNSF's Third Party Safety Training course, which is required for all work near or within the railroad right-of-way. Evidence of training must be supplied upon request of SANBAG and its representatives. No work may commence on the railroad right-of-way until this training has been completed. The contractor shall make the necessary arrangements for each equipment operator to have constant and direct radio contact with their foreman. The foreman will in turn have constant and direct contact with the SCRRA/BNSF flagman/EIC. 7. Contractor shall be responsible for the location and protection of any and all surface, sub- surface, and overhead lines, structures and improvements. Contractor shall not damage, destroy or interfere with any existing encumbrances, licenses and rights (whether public or private), granted upon or relating to the railroad right-of-way. It shall be the 16-1001488 City of Rancho Cucamonga 11/17/2016 Exhibit D—Additional Requirements Form Approved 7/2114 P83 Contractor's responsibility to contact Underground Alert and locate all underground facilities prior to the commencement of construction. At the same time, the contractor shall notify the operating railroad for signal and communications cables and conduits mark -outs. Contractor shall obtain permission from the owners of any fiber optic, gas, electrical, water, oil or other lines which may be impacted by work on or any use of the Premises by Contractor. SCRRA Signal Department (909) 592-1346 BNSF Signal Department (909) 386-4051 8. In case of signal emergencies or grade crossing problems, the contractor shall call the following emergency numbers. SCRRA Signal Emergency Department (888) 446-9721 BNSF Signal Emergency Department (909) 386-4051 9. Contractor shall prepare and submit traffic control plan for SANBAG/SCRRA approval for projects that will affect vehicular traffic at an existing highway -rail grade crossing. 10. If SANBAG or any of its associated rail entities or railroad operators deem it necessary in the future, to modify, or to build additional, track or tracks or other facilities in connection with the operation of its railroad, at the request of SANBAG, contractor shall modify, at its own expense, any or all of its permitted facilities to conform to the rail facilities. 11. Both Contractor and SANBAG acknowledge that the Premises is Licensed in "AS IS" condition and any track removal, grading, paving and fencing as may be necessary or required to meet Contractor's needs will be the sole responsibility and at the sole cost of the Contractor and subject to SANBAG's and any affected operating railroad's prior review and approval, which may be withheld in SANBAG's or the affected operating railroad's sole and absolute discretion. SANBAG or the affected operating railroad may require that any track removal and/or other work within the right-of-way be done by SANBAG or the railroad operator, respectively, but all such work shall remain at the sole cost of the Contractor, who may be required to deposit the estimated cost plus 25% in advance of the work, subject to refund or additional charge at the conclusion of the work. No permanent structures may be constructed on the premises without SANBAG's prior written approval. Contractor will be responsible for the removal of any or all permitted improvements upon termination of Agreement as directed by SANBAG. 12. Contractor shall pay for any and all utilities for its benefit, security and use. 13. SANBAG makes no warranties as to the suitability of the location for Contractor's intended use, and Contractor assumes all risks as to environmental compliance, zoning, visibility, or any other factors which may affect Contractor's intended use of the premises. 16-1001488 City of Rancho Cucamonga 11/17/2016 Exhibit D — Additional Requirements Form Approved 7/2/14 P84 14. Boring of carrier or direct burial utilities by directional boring methods is prohibited. 15. Signs are not permitted on or along the perimeter of the Premises unless such signs were requested and approved under Contractor's original proposal and covered by the required insurance. The contractor shall install permanent signs identifying the location of pipes at the edge of the railroad right-of-way unless within a public grade crossing. 16. Contractor shall not bring upon or use any import soil on the Premises in conjunction with any purposes allowed under this Agreement, until said import soil has been laboratory tested by a certified hazardous waste testing laboratory and the test results have been approved by SANBAG. Additionally, any soil currently existing on the Premises may not be spread on the Premises unless and until it is characterized as clean coil to the reasonable satisfaction of SANBAG. All soil piles are to be placed on a barrier to prevent intermingling with surface soils. 17. Contractor shall keep the Premises free and clear of weeds, trash, vegetation, unauthorized vehicle parking and graffiti and from occupancy by transients/homeless persons or individuals. Contractor shall by fully responsible for all maintenance and maintenance of adjoining SANBAG property that is required or necessary in connection with Contractor's use of Premises. 18. Prior to commencement of construction, the contractor shall submit to SANBAG / SCRRA a plan showing the proposed method of casing installation, construction access, stockpile locations, SWPPP control measures, fencing type and location and a milestone schedule. 19. For pipelines carrying flammable or hazardous materials, the contractor shall adhere to special conditions stated in the Right of Entry (ROE) Agreement. 20. The jacking and receiving pits shall be constructed outside of the railroad right of way unless shown on the SANBAG approved plans and shall not be located between any track and the automatic signal gate arms. The contractor shall layout the proposed jack and bore pits prior to the commencement of work. Only after the SANBAG/SCRRA inspector has approved the layout will the Contractor be allowed to begin work. 21. Contractor shall construct a temporary fence along the railroad right—of--way, or along the edge of pits closest to the track, oil both sides of the pit, extending 50 -feet in both directions from the pit, and measuring a minimum of 6 -feet high. Fences are not required for work at grade crossings. Contractor shall pave the Premises area with asphalt or concrete, when requested, around the entire perimeter of the property as described in the Agreement in Part I and Exhibit "A". Contractor shall be responsible for total expense of fencing and asphalt. 22. All jack and bore operations within the railroad right-of-way shall be performed continuously on a 24-hour basis until work is completed with a SCRRA/BNSF flagman and SCRRA/BNSF inspector present at all times. Should work begin without the 16-1001488 City of Rancho Cucamonga 11/17/2016 Exhibit D—Additional Requirements Form Approved 7/2/14 P85 flagman and inspector present, the work will be halted and any casing installed will be abandoned in place, pressure grouted full, and capped to the satisfaction of SANBAG. 23. The contractor shall submit to SANBAG/SCRRA for review, drawings and calculations for any shoring that may affect or be influenced by the railroad tracks. All shoring designs shall comply with the requirements of, and be approved by, SANBAG and/or the affected operating railroad. All drawings and calculations shall be signed and stamped by a California licensed Civil or Structural Professional Engineer. 24. Prior to commencement of work, the contractor shall submit to SANBAG/SCRRA for review, load calculations for the proposed jacking casing with applied load as defined by Cooper E-80 with a 50% added impact load. The calculations shall be signed and stamped by a California licensed Civil or Structural Professional Engineer. 25. Should ground water or loose or unstable soils conditions be encountered during construction, the contractor shall immediately stop work, notify the railroad flagman, provide necessary structural support to track and other railroad structures, and notify the affected operating railroads and SANBAG. It shall be the responsibility of the contractor to make necessary corrections to the construction process to allow for said conditions. 26. All underground utilities under railroad tracks shall be encased in a larger pipe or conduit called the "casing pipe". Said casing pipe shall be installed across the entire width of the railroad right-of-way and shall extend beyond the right of way a minimum of 10 -feet. The top of the casing shall have a minimum depth of 6 -feet below the top of tie and a minimum depth of 5 -feet below ground surface including bottom of ditches and other low points within the railroad right-of-way. All ends of the casing pipe shall be sealed unless otherwise authorized by SANBAG. Casing and carrier pipes shall be constructed to prevent leakage of any substance. When casing pipes are sealed at each end, vent pipes shall be installed. All casing pipes shall be installed with a minimum slope of 1%. Installation of casing pipes by open trenching is prohibited. 27. Abandoned pipes shall be removed from their casing pipes. The empty casing pipe shall be pressure grouted full for the entire length of the pipe. Should there be no casing pipe; the abandoned pipe shall be pressure grouted full the entire length of the pipe. A SANBAG / SCRRA inspector must be present during the grouting process. 28. Casing jacking shall adhere to the following requirements: a. This method shall be in accordance with the American Railway Engineering and Maintenance of Way Association recommended practices, Volume 1, Chapter 1, Part 4, "Earth Boring and Jacking Culvert Pipe Through Fills." This operation shall be conducted without hand -mining ahead of the pipe and without the use of any type of boring, auguring, or drilling equipment. b. Bracing and backstops and jacks shall be designed and used with sufficient rating so that the jacking can progress without stoppage (except for adding lengths of pipe) until the leading edge of the pipe reaches the receiving pit. 16-1001488 City of Rancho Cucamonga 11/17/2016 Exhibit D—Additional Requirements Form Approved 7/2/14 ':. c. During jacking, an earth plug 1.5 times the diameter of the casing shall be maintained at all times. Jacking operations shall be continuous on a non-stop, 24- hour per day basis until the jacking operation is completed. 29. Casing boring shall adhere to the following requirements: a. This method consists of pushing the pipe into the fill with a boring auger rotating within the pipe to remove the spoil. When augers or similar devices are used for casing replacement, the front of the pipe shall be provided with mechanical arrangements or devices that will positively prevent the auger from leading the casing so that there will be no unsupported excavation ahead of the casing. The auger and cutting head arrangement shall be removable from within the pipe in the event an obstruction is encountered. The over -cut by the cutting head shall not exceed the outside diameter of the pipe by more than one-half inch. The face of the cutting head shall be arranged to provide reasonable obstruction to the free flow of soft or poor material. b. The use of water or other liquids to facilitate casing placement and /or spoil removal is prohibited. c. Plans and descriptions of the auger stop arrangement to be used shall be submitted to SANBAG / SCRRA for approval prior to commencement of work. d. Any method which employs simultaneous boring and jacking or drilling and jacking for pipes over 8 -inches in diameter that does not adhere to the above requirements will not be permitted. For casings 8 -inches and smaller in diameter, augering or boring without the same requirements may be considered if approved by SANBAG/SCRRA. 30. If an obstruction is encountered during installation of the casing pipe that will stop the forward action of the pipe, and it becomes evident that it is impossible to advance the pipe, operations will cease and the pipe shall be abandoned in-place and pressure grouted full before continuing with work. Location, length, and depth of abandoned casing pipes and carrier pipes shall be shown on the as -built drawings. 31. Bored or jacked installations shall have a bored -hole diameter essentially the same as the outside diameter of the casing plus the thickness of the protective coating. If voids should develop or if the bored -hole diameter is greater than the outside diameter of the casing pipe, plus coating, by more than approximately 1 -inch, grouting or other methods as approved by SANBAG/SCRRA shall be employed to fill such voids. 32. Pressure grouting of the soils before or during jacking or boring may be required to stabilize the soil, control water, prevent loss of material, and prevent settlement or displacement of the ground and/or tracks. Grout shall be cement, chemical or other special injection material selected to accomplish the necessary stabilization. The grouting contractor shall be a specialist in the field with a minimum of 5 -years continuous experience of successfully grouting soil. Materials to be used and the method of injection shall be prepared by a California licensed Geotechnical Engineer, or by an experienced and qualified company specializing in this work and submitted for approval 16-1001488 City of Rancho Cucamonga 11/17/2016 Exhibit D—Additional Requirements Form Approved 7/2/14 P87 by SANBAG/SCRRA prior to the commencement of work. Proof of experience and competency shall accompany the submission. 33. When water is known or expected to be encountered, pumps of sufficient capacity to handle the flow shall be maintained at the site and be constantly attended operationally on a 24-hour per day basis until the SANBAG/SCRRA inspector determines their operation can be safely halted. When dewatering, close observation shall be maintained to detect any settlement or displacement of track, ground, or facilities. 34. The dewatering system shall lower and maintain the ground water level a minimum of 2 - feet below the invert at all times during construction by utilizing well points, vacuum well points, or deep wells to prevent the inflow of water or water and soil into the heading. Ground water observation wells may be required to demonstrate that the dewatering requirements are being complied with. 35. The proposed methods of dewatering shall be submitted to SANBAG/SCRRA prior to the commencement of work. The discharge from the dewatering operations in the vicinity of the railroad shall be carefully monitored. Should excessive fine soils particles, pollutants, or hazardous materials or fluids be observed at any time during the dewatering process, the dewatering shall be halted immediately and cannot resume until the unsatisfactory condition is remedied to the satisfaction of the SANBAG/SCRRA inspector. 36. All backfilling shall be at 90% relative dry compaction. For areas within or that affect the railroad right-of-way, the contractor shall submit a compaction report prepared by a California licensed Geotechnical Professional Engineer prior to release of any deposited fund balance. 37. The Contractor shall remove all temporary facilities constructed on the railroad right-of- way, debris, and other items not originally at the site prior to construction and shall notify SANBAG and any affected operating railroad that all construction has been completed. After as-builts have been received, SANBAG inspects the construction site and signs -off the work, SANBAG will release any unused deposit funds it holds. Contractor shall be responsible to arrange refunds due from any affected operating railroads. 38. A minimum of five feet (5') clearance is required above signal and communication lines for overhead crossings. 39. Poles for any use within the railroad right-of-way must be located fifty -feet (50') out from the centerline of the railroad main, branch and running tracks, CTC sidings, and heavy tonnage spurs. Pole locations adjacent to industry track must provide at least a ten foot (10') clearance from the centerline of track, when measured at right angles. If located adjacent to curved track, then said clearance must be increased at the rate of 1.5 inches per degree of curved track. 16-1001488 City of Rancho Cucamonga 11/17/2016 Exhibit D—Additional Requirements Form Approved 712/14 40. Regardless of the voltage, un -guyed poles shall be located a minimum distance from the centerline of any track, equal to the height of the pole above the ground—line plus ten feet (10'). If guying is required, the guys shall be placed in such a manner as to keep the pole from leaning/falling in the direction of the tracks. 41. Poles must be located a minimum distance from the railroad signal and communication line equal to the height of the pole above the ground -line or else be guyed at right angles to the lines. High voltage towers (34.5 kV and higher) must be located off railroad right- of-way. 42. Grade crossings or temporary grade crossing must not be installed under or within five - hundred feet (500') of the end of any railroad bridge, or three hundred feet (300') from the centerline of any culvert or switch area. 43. For overhead crossings, complete spanning of the property is encouraged with supportive structures and appurtenances located outside of the railroad property. For electric supply and communication lines, normally the crossing span shall not exceed one -hundred fifty - feet (150') with adjacent span not exceeding 1.5 times the crossing span length. For heavier type construction, longer spans will be considered. 44. To ensure that overhead crossings are clear from contact with any equipment passing under such wires, communication lines shall be constructed with a minimum clearance above top of rail of twenty-eight feet (28').. Electric lines must have a florescent ball marker on low wire over centerline track. 45. The utility owner will label the poles closest to the crossing with the owner's name and telephone number for emergency contact. 46. Overhead flammable and hazardous material lines are prohibited. 47. Because inductive interference from certain types of lines have the potential to disrupt the railroad signal and communication systems causing failures with the signals, communication, and at -grade crossing warning devices, . SANBAG may require that an inductive coordination study be performed prior to approval of the permitted use at the expense of the utility owner for proposed electrical lines crossing tracks. 48. Joint -use construction is encouraged at locations where more than one utility or type of facility is involved. However, electricity and petroleum, natural gas or other flammable materials shall not be combined. Contractor SANBAG Initials 16-1001488 City of Rancho Cucamonga 11/17/2016 Exhibit D—Additional Requirements Form Approved 7/2/14 ':: STAFF REPORT ENGINEERING SERVICES DEPARTMENT Date: December 15, 2016 To: Mayor and Members of the City Council John R. Gillison, City Manager From: Jason C. Welday, Director of Engineering Services/City Engineer G By: Brian Sandona, Associate Engineer Subject: CONSIDERATION OF APPROVAL OF A REQUEST TO SUMMARILY VACATE WINSTON AVENUE AND TRADEMARK PARKWAY SOUTH, NORTH OF FOURTH STREET BETWEEN UTICA AVENUE AND HAVEN AVENUE (STREET VACATION NO. V-234) RECOMMENDATION Staff recommends that the City Council adopt and authorize the recording of the attached resolution summarily ordering the vacation of Winston Avenue and Trademark Parkway South, north of Fourth Street between Utica Avenue and Haven Avenue. BACKGROUND/ANALYSIS In conjunction with the review of DRC2016-00826—pre-application for the construction of three warehouse buildings on the northwest corner of 4th Street and Utica Avenue—it was determined that there is excess right-of-way for Winston Avenue and Trademark Parkway South. The existing right-of-way was dedicated under Parcel Map No. 9498, recorded on January 17, 1986. The right-of-way width for Trademark Parkway South varies from 70 to 82 feet and extends from Haven Avenue easterly then northerly to Bentley Street. The right-of-way width for Winston Avenue is 82 feet and extends from Fourth Street northerly to the existing right-of-way for Trademark Parkway South. Both streets are shown on the General Plan as a Local Streets and, since neither Trademark Parkway South nor Winston Avenue are necessary for the internal circulation of the local area and do not fit with the proposed developments, neither street is required for current or future street or highway purposes. Neither Trademark Parkway South nor Winston Avenue have been developed or maintained since their dedication to the City. The attached resolution would summarily vacate approximately 92,057 square feet of excess right-of-way from Trademark Parkway South and approximately 41,634 square feet of excess right-of-way from Winston Avenue. The right-of-way remaining from Trademark Parkway North and Bentley Street following the proposed vacation would satisfy the requirements for local street access. Upon approval and recordation of the attached resolution the vacated right-of-way will be incorporated into the planned development. Division 9, Part 3, Chapter 4, Article 1, Section 8334 of the California Street and Highways Code authorizes the legislative body of a local agency to summarily vacate excess right-of-way of a street or highway not required for street and highway purposes. While not required by the Streets and Highways Code for summary street vacations, past administrative policy caused all street vacations to be reviewed and recommended by the Planning Commission prior to the consideration of approval by the City Council. The Streets and Highways Code sets forth criteria for use of a summary street vacation that ensure that the proposed vacation will have no impact on the City's street system. In order to streamline the summary street vacation process, requests for summary vacation will be presented to the City Council with a recommendation from staff upon concurrence by the City Engineer and City Planner that the requested vacation meets the requirements for a summary street vacation as required in the Streets and Highways Code. Attachments: Vicinity Map Resolution No. 16-205 Legal Description M m 3 I St N D r, 6th Si Fourth St City of Rancho Cucamonga Engineering Division Vicinity Map D n n Adecco Slaffl,,g a Coca-Cola Bottling n ARCO = D 61h SI 61h SI D 61h z 61h Sl �^ c d D A Universal Technical Institute Kumho Tire USA r c 3 A Centre Club Apartments A trademark St Cmerpnse St 6 PI J"a G n 01 ? coo Fourth St x a n D QkNgy N Trade�� NatGrill APN 21008121 10500 4th Street _ D ur Fourth S1 x� D Ontario Motor It z `speedway Iz Concours St x Park c Concours St �¢. D m T NORTH Fou-th St v < E u '^ D m =a - • Camden Landmark O Apartment3 WO P91 RESOLUTION NO. 16-204 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA SUMMARILY ORDERING THE VACATION OF EXCESS RIGHTS-OF-WAY INCLUDING TRADEMARK PARKWAY SOUTH FROM HAVEN AVENUE TO BENTLEY STREET AND WINSTON AVENUE FROM FOURTH STREET TO TRADEMARK PARKWAY SOUTH, (V-234) — APN 210-081-21; 210-081-20; 210-081-19 WHEREAS, by Division 9, Part 3, Chapter 4, Article 1, Section 8334, of the Streets and Highway Code, the City Council of the City of Rancho Cucamonga is authorized to summarily vacate those portions of the City Streets hereinafter more particularly described; and WHEREAS, the City of Rancho Cucamonga staff found and determined that the summary vacation of the subject rights-of-way herein contemplated a re in conformity with the City's General Plan; and WHEREAS, the City Council found all the evidence submitted that the subject rights-of-way located on Trademark Parkway South and Winston Avenue, are unnecessary for present or prospective public street purposes NOW, THEREFORE BE IT RESOLVED by the City Council of Rancho Cucamonga as follows: SECTION 1: That the City Council of the City of Rancho Cucamonga hereby makes its order vacating the excess street rights-of-way, as shown on map V-234, on file in the office of the City Clerk of the City of Rancho Cucamonga, which have 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 street rights-of-way no longer constitute 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. 16-204 — Page 1 of 1 ..; EXHIBIT "A" STREET VACATION LEGAL DESCRIPTION That portion of Trademark Parkway South and Winston Avenue, as shown on Parcel Map No. 9498, situated in the City of Rancho Cucamonga, County of San Bernardino, State of California, as recorded in Book 102 of Parcel Maps, pages 2 and 3, records of said County, described as follows: COMMENCING at the centerline intersection of 4th Street and Utica Avenue, as depicted on said Parcel Map No. 9498; thence North 89031'27" West, 594.60 feet along the centerline of said 4th Street to the centerline intersection of 4th Street and Winston Avenue, as depicted on said Parcel Map No. 9498; thence North 47016'50" West, 89.25 feet to a point on the southerly line of Parcel 5 of said Parcel Map No. 9498, said point being the beginning of a non -tangent curve, concave northwesterly, having a radius of 24.00 feet, a radial line through said point bears North 00°28'33" East, said point also being the POINT OF BEGINNING; thence northeasterly along said curve an arc length of 38.00 feet, through a central angle of 90°43'33" to a point on the westerly line of said Winston Avenue (82.00 feet wide) as shown on said Parcel Map No. 9498; thence North 00015'00" West, 456.19 feet along said westerly line of Winston Avenue to the beginning of a curve, concave southwesterly, having a radius of 24.00 feet; thence northwesterly along said curve an arc length of 37.40 feet, through a central angle of 89°16'27" to a point on the southerly line of said Trademark Parkway South (82.00 feet wide) as shown on said Parcel Map No. 9498; thence North 89031'27" West, 541.94 feet along said southerly line of Trademark Parkway South to the beginning of a curve, concave southeasterly, having a radius of 24.00 feet; thence southwesterly an arc length of 38.00 feet, through a central angle of 90043'33" to a point on the westerly line of said Parcel 5 and a point of cusp; thence North 00015'00" West, 118.00 feet to a point on the westerly line of Parcel 3 of said Parcel Map No. 9498, said point being a point of cusp and the beginning of a curve, concave northeasterly, having a radius of 24.00 feet, a radial line through said point bears North 89045'00" East; thence southeasterly along said curve an arc length of 37.40 feet, through a central angle of 89°16'27" to a point on the northerly line of said Trademark Parkway South (70.00 feet wide) as shown on said Parcel Map No. 9498; thence South 89°31'27" East, 206.74 feet along said northerly line of Trademark Parkway South to the beginning of a curve, concave northerly, having a radius of 100.00 feet; thence easterly along said northerly line of Trademark Parkway South and along said curve an arc length of 34.82 feet, through a central angle of 19056'55" to a point of reverse curvature, concave southerly, having a radius of 100.00 feet, a radial line through said point bears South 19°28'21" East; thence easterly continuing along said northerly line of Trademark Parkway South and along said curve an arc length of 34.82 feet, through a central angle of 19°56'55" to a point on the northerly line of said Trademark Parkway South (82.00 feet wide) as shown on said Parcel Map No. 9498; thence South 89°31'27" East, 300.00 feet continuing along said northerly line of Trademark Parkway South to the beginning of a curve, concave northwesterly, having a radius of 309.00 feet; thence northeasterly along said curve an arc length of 438.56 feet, through a central angle of 81 °19'12"; thence radial to said curve South 80°50'39" East, 82.00 feet to a point on the southeasterly line of said Trademark Parkway South, said point being the beginning of a non -tangent curve, concave northwesterly, having a radius of 391.00 feet, a radial line through said point bears North 80050'39" West; thence southwesterly along said curve an arc length of 461.42 feet, through a central angle of 67036'52" to a point of reverse curvature, concave southeasterly, having a radius of 24.00 feet, a radial line through said point bears North 13°13'47" West; thence southwesterly along said curve an arc length of 32.26 feet, through a central angle of 77001'13" to a point on the easterly line of aforementioned Winston Avenue (82.00 feet wide); thence South 00°15'00" East, 468.00 feet along said easterly line of Winston Avenue to the beginning of a curve, concave P:\JOBS\381601\ADMIN\LEGALS\vacation document.docx northeasterly, having a radius of 24.00 feet; thence southeasterly along said curve an arc length of 37.40 feet, through a central angle of 89016'27" to a point on the southerly line of Parcel 4 of said Parcel Map No. 9498 and a point of cusp; thence North 89031'27" West, 130.00 feet to the POINT OF BEGINNING. The above described parcel is shown on Exhibit "B" attached herewith and by this reference made a part hereof. Contains approximately 128,825 square feet or 2.96 acres, more or less. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. This description was prepared under my direction: / a7Ii Jeff 16 0iter, L.S. 8 Exp. 03-31-2017 Date P:\JOBS\381601\ADMIN\LEGALS\vacation document.docx P93 02d EXHIBIT "B" SHEET 1 OF 1 / TRADEMARK \\\ CEI I r� � PARKWAY _,- NORTH ` 949" � E lIr �. J r� I r S80° �rr �� r � � 50'391 i � VARIES .�11 82.0x' BENTLEY i � S8o°5o'3g�'E ` STREET R/W w� � W SEE Noo N DETAIL cooter BELOW o N Ln �N ; A 17A C B' TRADEMARK Roo. i z a PARKWAY J�:E SOUTH S89°31'27" 0 206.74' © X50 I N89'31'27"W �co 0 0 541.94' v R°13'47"W (L PRC LLJ 00L=90'43'33" L=89°16'27" D=77°01'13" W I R=24.00' R=24.00 W R=24.00' Z z i L=38.00' L=37.40' �-Z L=32.26' I W W � U) LL, 82' L=19°56'55" I > > o R/W r r J z> w R R=100.00' - Q l�r��`✓f �¢o o Q z b Ln C4J Ln=19°56'55" (� Lli C)© R=100.00' > I o L=34.82' ~ 0 o I Q 0=90'43'33" z S89°31'27 "ER=24.00' 0=89°16'27" 300.0 I C3- (:)j N00°28'33"E (R) L=38.00' R-24.00' L=37.40 P.O.R/W-R/w -- _ 4TH STREET N89'31'27"W 130.00' N47'16'50"W --- N89'31'27"W 594.60' 89.25' (BASIS OF BEARINGS) P.O.C. LEGEND: S80'50'39"E �R) Qf PROPERTY LINE - - 82.00' w CENTERLINE BCR SCALE: 1"=200' C r � 4 INDICATES PUBLIC SRTEET EASEMENT TO BE VACATED AREA OF EASEMENT: 128,825 SF o' 2.96 AC o DETAIL POINT OF BEGINNING P.O.B. NOT TO SCALE POINT OF COMMENCEMENT P.O.C. VALUED PLAT FOR ENEUNEEM, INC VACATION OF PUBLIC CIVIL ENGINEERING . LAND SURVEYING • LAND PLANNING 180 N. BENSON AVE, STE A, UPLAND, CA 91786 STREET EASEMENT PHONE: (909) 982-4601 P95 STAFF REPORT CITY CLERK'S OFFICE Date: December 15, 2016 To: Mayor and Members of the City Council John R. Gillison, City Manager From: Linda A. Troyan, MMC - City Clerk Services Direct2�4� Subject: BI -ANNUAL DESTRUCTION OF OBSOLETE CITY RECORDS RECOMMENDATION It is recommended that the City Council approve and adopt Resolution No. 16-205, herein attached as Exhibit "A", authorizing the bi-annual destruction of obsolete records pursuant to California Government Code Section 24090 et seq. and 34090, the City Records Retention Schedule, and other applicable legal citations. BACKGROUND/ANALYSIS In accordance with the City of Rancho Cucamonga Records Management Policy, the Records Division reviews records eligible for bi-annual destruction and prepares an exhibit showing same. The following records attached as Exhibit "B" are no longer needed in the normal course of business and have been retained the required period of time in accordance to the City's adopted Retention Schedule, meeting the State Government Code regulations for preservation of records. The list of records has been reviewed and approved by the City Attorney for legal compliance, herein attached as Exhibit "C". FISCAL IMPACT Funds have been allocated to provide for destruction records by a bonded destroyer. The adherence to our records plan and timely destruction of records is a vehicle for savings, as this will reduce the size of the inventory of records to be either stored or microfilmed. ATTACHMENTS Exhibit "A": Resolution No. 16-205 Authorizing the Destruction of Obsolete City Records Exhibit "B": Authorizations to Purge Records Exhibit "C": City Attorney Approval of Destruction of City Documents ..0 RESOLUTION NO. 16-205 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF OBSOLETE CITY RECORDS WHICH ARE NO LONGER REQUIRED AS SET FORTH IN CALIFORNIA GOVERNMENT CODE 34090 AND OTHER APPLICABLE LEGAL REFERENCES WHEREAS, it has been determined the books, and papers (hereinafter "records") have Federal, State, and local statutes; and EXHIBIT A certain City records, documents, instruments, been retained in compliance with all applicable WHEREAS, said City records have met their useful life and are no longer required for public or private purposes: WHEREAS, the custodian of records of each record described herein has determined that said documents are no longer needed or required; and WHEREAS, destruction of said records is necessary to reduce storage costs, increase staff productivity, and maintain conformance with the City's Records Management Policy; and WHEREAS, Sections 24090 et seq., of the Government Code of the State of California authorize the destruction of certain records of the City upon approval of the legislative body of the City and with the written consent of the City Attorney, provided that said records do not fall within certain specified categories; and WHEREAS, the City Council concurs in the determination of the custodian of records and finds that said records are no longer needed; and WHEREAS, said records as listed in Exhibit "B" attached hereto have received written consent and approval for purging by the City Attorney in Exhibit "C". NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Rancho Cucamonga hereby resolves as follows: SECTION 1: That approval of authorization is hereby given to destroy immediately, in lawful manner and without making any copies thereof, the records under their respective charges, as more particularly described on "Exhibit A", attached hereto and incorporated herein by this reference. SECTION 2: That the City Clerk shall certify to the adoption of this resolution, and thenceforth and thereafter the same shall be in full force and effect. Resolution No. 16-205 — Page 1 of 2 P97 PASSED, APPROVED, AND ADOPTED this 15th day of December 2016. L. Dennis Michael, Mayor ATTEST: Janice C. Reynolds, City Clerk EXHIBIT A 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 151h day of December 2016. Executed this 15th day of December 2016, at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk Resolution No. 16-205 — Page 2 of 2 EXHIBIT B EXHIBIT "B" Authorizations to purge records for the following Departments / Divisions: • Purchasing • Finance • Fire Finance • RCCF Finance • Personnel • Code Enforcement • Community Services • Planning • Building & Safety • Risk Management a,98 I m O O O m IIII II II II m m 7 v v 0 0 = 0 0 o Y d 1 o V 01 x $ d K y O d 0 CO W 12 72 X CD a _ OI .O •O .O W m W > � a F a'R F W ... I ul N O Q► ri C O to 14 V t0 .OJ N rl to tD tD W 0 >. 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I N g dLn C+ MM �c„� hONNz 6�N lQ 10. Ln Ln in 'L 1n L a a ee= rn ICU pc p pc m, a88 Mob X NUUU NUCg (7j U MU 2u MU E a 8a8 u1Oi��I$ 14�I$ I"aSIS Aj 44 �'mm zr c c c E g'« o o z10 Q�-- IO o O O to I W rl W P109 Destruction Notification Report City of Rancho Cucamonga (RC) Records Management Division (TMP) Code Enforcement (2292) The following records are due for destruction on 12/31/2016. Place your initials next to EACH BOX you authorize to be destroyed, then sign and date the bottom of each page. Should you request a box to be held for an additional six (6) months, please provide a memo justifying hold. Return the entire list to the Records Division by 11/30/2016. Date Signature L/ Permanent Record Title Record Title Beginning Ending Destroy Box Code Name Dates Dates Date Number Code 5433 2031.0 Enforcement 01/01/2012 12/31/2012 12/31/2016 i Violations , Code J1 5436 2031.0 Enforcement 01/01/2012 12/31/2012 12/31/2016 L \ Violations kJ Code ILA J 5439 2031.0 Enforcement 01/01/2012 12/31/2012 12/31/2016 7 Violations v Code 5441 2031.0 Enforcement 01/01/2012 12/31/2012 12/31/2016 Violations Code 5443 2031.0 Enforcement 01/01/2012 12/31/2012 12/31/2016 j Violations Code 5449 2031.0 Enforcement 01/01/2012 12/31/2012 12/31/2016 Violations Date Signature L/ en to N 0 4 0 a d 0 cc cd ul U9 c 0 a ce 7 w in I N 0 0 0 N A B R U p 0 0 lo. 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According to the Records Retention Schedule, the attached records are now due to be purged. Please sign below confirming the City Attorney's approval of the semi-annual destruction. — /Z ,O�ignature Date Name STAFF REPORT ADMINISTRATIVE SERVICES GROUP Date: December 15, 2016 To: Mayor and Members of the City Council John R. Gillison, City Manager From: Tamara L. Layne, Finance Director Jason Welday, Engineering Services Director/City Engineere=-Zyl By: Noah Daniels, Finance Manager P127 Subject: CONSIDERATION TO RECEIVE AB 1600 DEVELOPMENT IMPACT FEE ANNUAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 2016 AND MAKE FINDINGS AS REQUIRED BY CALIFORNIA GOVERNMENT CODE SECTION 66001 THROUGH THE ADOPTION OF RESOLUTION NO. 16-206 RECOMMENDATION Staff requests that the City Council receive and file the attached AB 1600 Development Impact Fee Annual Report for Fiscal Year Ended June 30, 2016 and make findings as required by California Government Code Section 66001 through the adoption of Resolution No. 16-206. BACKGROUND/ANALYSIS A development impact fee is a monetary exaction other than a tax or special assessment that is charged by a local government agency to an applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project. The legal requirements for enactment of a development impact fee program are set forth in Government Code Sections 66000-66025 (the "Mitigation Fee Act"), the bulk of which were adopted as 1987's AB 1600 and thus are commonly referred to as "AB 1600 requirements." In accordance with Government Code Section 66006(b), the City is required to make an annual accounting of its Development Impact Fee (DIF) Funds. The attached report has been prepared by staff to meet the annual reporting requirements. In accordance with the AB 1600 requirements the City has established separate funds for each development impact fee as follows: • Park Land Acquisition (Fund 111) • Drainage Facilities (Funds 112) • Drainage - Etiwanda/San Sevaine (Fund 114) • Drainage — Henderson/Wardman (Fund 115) • Etiwanda Drainage (Fund 116) • Etiwanda Drainage/Upper Etiwanda (Fund 118) • Park Development (Fund 120) P128 CONSIDERATION TO RECEIVE AB 1600 DEVELOPMENT IMPACT FEE ANNUAL PAA; 2 REPORT FOR FISCAL YEAR ENDED JUNE 30, 2016 AND MAKE FINDINGS AS REQUIRED BY CALIFORNIA GOVERNMENT CODE SECTION 66001 THROUGH THE ADOPTION OF RESOLUTION NO. 16-206 DvICHINIBER 15, 2016 • South Etiwanda Drainage (Fund 122) • Library Impact Fee (Fund 123) • Transportation (Fund 124) • Animal Center Impact Fee (Fund 125) • Lower Etiwanda Drainage (Fund 126) • Police Impact Fee (Fund 127) Each fiscal year, the City must make available the following information to the public for each separate fund or account: 1. A brief description of the type of fee in each fund, 2. The amount of the fee, 3. The beginning and ending balance of the fund, 4. The amount of the fees collected and the interest earned, 5. Identification of each public facility on which fees were expended and the amount of each expenditure, 6. A description of each interfund transfer or loan made from the fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan, and 7. The amount of refunds made and any allocations of unexpended fees that are not refunded. The required annual report for Fiscal Year Ended June 30, 2016, is attached to this staff report. As of the Fiscal Year Ended June 30, 2016, there were interfund transfers from the Transportation Fund to the Computer Equipment Replacement Fund for AutoCAD software. There were no interfund loans made from the funds, or refunds that are reported. Draft Resolution No. 16-206 has been prepared for the Council's consideration. By adopting the resolution, the Council would receive and file the annual report for the fiscal year ended June 30, 2016 and make findings required by Government Code Section 66001. ATTACHMENTS 1. AB 1600 Development Impact Fee Annual Report for Fiscal Year Ended June 30, 2016 2. Resolution No. 16-206 P129 RESOLUTION NO. 16-206 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ACCEPTING AB 1600 DEVELOPMENT IMPACT FEE ANNUAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2016 AND MAKING FINDINGS AS REQUIRED BY CALIFORNIA GOVERNMENT CODE SECTION 66001 A. Recitals 1. Government Code sections 66000 et seq. (commonly known as and referred to herein as AB 1600) regulates the imposition, collection, maintenance, expenditure and reporting of development impact fees imposed on developers for the purpose of defraying all or a portion of the costs of public facilities. 2. The City has imposed and collected development impact fees from developers which are subject to AB 1600 requirements. 3. In accordance with the provisions of AB 1600, the City has established separate funds for each development impact fee, crediting earned interest to those funds, and the accumulated fees and related interest on appropriate expenditures. 4. The City has prepared the annual report for the fiscal year ended June 30, 2016 in accordance with the AB 1600 requirements as prescribed in Government Code section 66006, reflecting the beginning and ending balance of each separate fund containing development impact fees; the amount of fees collected and the interest earned for the fiscal year; the amount of expenditures and refunds made in the fiscal year; a description of each interfund transfer and loan, including the repayment date and interest rate of the loan, made from each fund containing development impact fees; and a description of the type of fees and the fee amounts. 5. For the fiscal year ended June 30, 2016 there were interfund transfers from the Transportation Fund to the Computer Equipment Replacement Fund for the purchase of a software application for computer-aided design and drafting. There were no interfund loans made from the fund, or refunds that are reported. B. Resolution NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY FIND, DETERMINE, CONCLUDE, AND RESOLVE AS FOLLOWS: The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The City Council hereby receives and files, and makes available to the public, the City's AB 1600 Development Impact Fee Annual Report for the fiscal year ended June 30, 2016. 3. The City Clerk shall certify to the adoption of this Resolution. P130 PASSED, APPROVED, AND ADOPTED this 151h day of December, 2016. 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 an adjourned meeting of said City Council held on the 15th day of December, 2016. Executed this 15th day of December, 2016, at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk P131 CITY OF RANCHO CUCAMONGA AB 1600 DEVELOPMENT IMPACT FEE ANNUAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 2016 P132 City of Rancho Cucamonga AB 1600 Development Impact Fee Annual Report For Fiscal Year Ended June 30, 2016 On June 4, 1980, the City Council approved the collection of Park and Recreational fees for Park and Recreational expansion in the City of Rancho Cucamonga to mitigate the impacts of future development (formerly RCMC 3.24). In the following years, additional system development fees were approved for Transportation (RCMC Chapter 3.28), Drainage Systems (RCMC Chapters 13.08 and 13.09), Park Impact (RCMC Chapter 3.68), Library (RCMC Chapter 3.56), Animal Center (RCMC Chapter 3.60), and Police (RCMC Chapter 3.64). Based on 1989 state law, primarily the passage of AB 1600, nexus procedures were developed to establish the relationship between a proposed development and its impact on the City. This began in April 1991 by modifying Chapter 3.28 of the Municipal Code replacing the system development fee with a Transportation Development Fee based on a nexus study. Pursuant to the Municipal Code, impact fees have been periodically updated since the consideration of the initial Development Impact Fee Resolutions by the City Council. California Government Code sections 66001 and 66006 require making available to the public various Development Impact Fee information. The City of Rancho Cucamonga addresses these reporting requirements through annual issuance of the following two schedules, along with the release of periodic updates to the City's Development Impact Fee Calculation and nexus studies. The following two schedules include Development Impact Fee information for the fiscal year ended June 30, 2016. The first schedule reports each Development Impact Fee category's beginning and ending fund balance, revenue and earnings, and expenditures. The second schedule provides a summary listing of the Development Impact expenditure amounts by individual public improvement project. Following the two schedules is a brief description of the purpose of each development impact fee by fund and the method by which it is calculated. The City Council evaluated the City's impact fee program at its June 4, 2014 meeting. The City Council accepted no change to some existing impact fees, amended some existing impact fees, and approved additional park land acquisition, library impact, animal center impact, and police impact fees for the City. O co CL O W t0 W m c O N C Q d M d 7 Eddc aci 7 V 00 V O d r E v c u E w c c �E;d O n O } O > r W U O c LL )0 O LL CL Q 0) N W M M O In 0 )n n 0) W W U N n W n M W N O O) M N W co to v W W W M '7 n )n 00 m 0 Of M (D M N co N N co .- M Co M r N ch N c 0 r N V LL 19 (9 a 0, O N cn W W n n r O W W n n cn r 0) N M W N N O N co M N N Co M O lh CL` m y i i i i i i N i i N p O O N co W N l0 W W 0 0 U H (9 O N W W On N� M W N n CO CO a0 n O) W ClW N N a n V1 O W M M m R O1 M y Oi n d M cn m W W N N N C 6" 64 W W W ' W i to cn co ' v 0 y N N N n 0 )n co M N d N O) W W O O C O aLL co 'T n O M n N (MO IT N .- N O OI O a M M E V' 64 N O) n O R N CO O) Ln CO n y N CO O W V O) N cn N W N 7 n R U 'n N V) n Cl) V) N_ to W O n C M W C a p M W (d M V O N W OI M co n Ln CC n O) W W W W M O N N O) V W (0 N O Cl) O) O )n W (D N u') Ln m_ N N M O) O c , r r R LL (L c m c 3 in E w m m o N N d U- O) OL cn c o. m E o -a o x m c 'w y c d rn rn c 0 �i E 0 w E '> l0 'O W G E A LL N LL E .� c c c E CL '� o 'm m a c e o d c o¢ m w x o m o= m LL i d M C l0 > c d o 0 0 0> 3 E rpQ U '3 E J N c t C c O W W_ Y C C C (0 (0 Y L l0 C E y U f0 N l0 .3 ca o N 'C G .Q aooO W Wd(nJ~QJd cls N W W O N M C N W nLL ai c m d P133 P134 City of Rancho Cucamonga Development Impact Fee Project Expenditures For Fiscal Year Ended June 30, 2016 City Annual Project ID Project Description Expenditures Drainage Facilities (Fund 112) 1026112 Developer Reimbursements $ 212,322 1874112 PE Trail at Victoria Park Lane 134,323 N/A Master Plan Storm Drain Update 38,239 Fund 112 Subtotal 384,884 Drainage - Etiwanda/San Sevaine (Fund 114) 1358114 Etiwanda Flood Control Channel 229,284 Fund 114 Subtotal 229,284 Drainage - Henderson/Wardman (Fund 115) N/A General Overhead 270 Fund 115 Subtotal 270 Etiwanda Drainage (Fund 116) 1026116 Developer Reimbursements 117,078 Fund 116 Subtotal 117,078 Etiwanda Drainage/Upper Etiwanda (Fund 118) N/A General Overhead 150 Fund 118 Subtotal 150 Park Development (Fund 120) 1754120 Los Amigos Park 77,278 1871120 Central Park Trailhead 7,205 1896120 Sports Center Relocation 571,895 1911120 Family Restroom at Stadium 100,232 Fund 120 Subtotal 756,610 South Etiwanda Drainage (Fund 122) N/A General Overhead 90 Fund 122 Subtotal 90 Transportation (Fund 124) 1026124 Developer Reimbursements 62,717 1076124 Etiwanda (6th to Arrow) 8,063 1361124 Base Line & 1-15 Interchange 511,641 1515124 Wilson EIR Wardman 973,480 1831124 Traffic Management Center- Upgrade Citywide 61,055 1839124 6th St at BNF Spur Crossing 58,791 1847124 Hellman at Metrolink Track - Widening 126,512 1875124 Milliken/Day Creek - Upgrade Left 44,399 1887124 Carnelian at Banyan - Signal 27,183 1889124 6th St at Utica - Signal 17,544 N/A Software Maintenance 330 Fund 124 Subtotal 1,891,716 Lower Etiwanda Drainage (Fund 126) N/A General Overhead 150 150 Total Expenditures $ 3,380,232 P135 City of Rancho Cucamonga AB1600 Development Impact Fee Annual Report For Fiscal Year Ended June 30, 2016 Description of Development Impact Fee Purpose and Fee Methodology Fund 111 — Parkland Acquisition: The intent of this fee is to provide funding for the development and acquisition of parks. Because the provisions of the Quimby Act apply only to land acquisition, and only in residential subdivisions, separate park impact fees for parkland acquisition in non -subdivision projects and park improvements is necessary. The park fees are calculated for a single service area encompassing the entire City. Impact Fees for this fund are calculated in accordance with Resolution No. 14-128 using the per - capita costs and average population per dwelling unit. The impact fee per dwelling unit varies depending on the development type. See the attached summary of Engineering Fees as of July 1, 2015. Fund 112 — Drainage Facilities: The City of Rancho Cucamonga is seriously affected by surface and storm waters. The continual subdivision and development of property within the City has placed a serious demand on existing facilities which handle surface and storm waters. To provide an equitable manner for the apportionment of the cost of the development of such facilities, the City Council determined that a drainage plan must be adopted and a drainage fee established to provide funds to be used for the construction of the facilities described in the drainage plan. Impact Fees for this fund are calculated in accordance with Resolution No. 02-061 at a rate based on net acreage of the development as it relates to the benefit and impact area with the specific public improvements to be financed. See the attached summary of Engineering Fees as of July 1, 2015. Fund 114 — Drainage-Etiwanda/San Sevaine: In order to implement the goals and objectives of the Public Health and Safety Element of the City of Rancho Cucamonga's General Plan, and to mitigate the drainage impacts in the Etiwanda/San Sevaine Local Drainage Area caused by new development, certain public drainage improvements must be or had to be constructed. The City Council 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 these improvements. Impact Fees for this fund are calculated in accordance with Resolution No.90-111 at a rate based on net acreage of the development as it relates to the benefit and impact area with the specific public improvements to be financed. See the attached summary of Engineering Fees as of July 1, 2015. P136 Fund 115 — Drainaae-Henderson/Wardman: In order to implement the goals and objectives of the Public Health and Safety Element of the City of Rancho Cucamonga's General Plan, and to mitigate the drainage impacts in the Henderson/Wardman Local Drainage Area caused by new development, certain public drainage improvements must be or had to be constructed. The City Council 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 these improvements. Impact Fees for this fund are calculated in accordance with Resolution No. 90-111 at a rate based on net acreage of the development as it relates to the benefit and impact area with the specific public improvements to be financed. See the attached summary of Engineering Fees as of July 1, 2015. Fund 116 — Etiwanda Drainage: In order to implement the goals and objectives of the Public Health and Safety Element of the City of Rancho Cucamonga's General Plan, and to mitigate the drainage impacts in the Etiwanda Local Drainage Area caused by new development, certain public drainage improvements must be or had to be constructed. The City Council 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 these improvements. Impact Fees for this fund are calculated in accordance with Resolution No. 90-111 at a rate based on net acreage of the development as it relates to the benefit and impact area with the specific public improvements to be financed. See the attached summary of Engineering Fees as of July 1, 2015. Fund 118 — Etiwanda Drainage/Upper Etiwanda: In order to implement the goals and objectives of the Public Health and Safety Element of the City of Rancho Cucamonga's General Plan, and to mitigate the drainage impacts in the Etiwanda Drainage/Upper Etiwanda Local Drainage Area caused by new development, certain public drainage improvements must be or had to be constructed. The City Council 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 these improvements. Impact Fees for this fund are calculated in accordance with Resolution No. 90-111 at a rate based on per net acreage of the development as it relates to the benefit and impact area with the specific public improvements to be financed. See the attached summary of Engineering Fees as of July 1, 2015. Fund 120 — Park Development: The intent of this fee is to provide for the 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 element of the Ranch Cucamonga General Plan. Following the adoption of execution of Ordinance No. 865, the Park Land Acquisition Impact and Community and Recreation Center Impact Fees replaced the fees collected under the Park Development Fee. P137 Fund 122 — South Etiwanda Drainaae: In order to implement the goals and objectives of the Public Health and Safety Element of the City of Rancho Cucamonga's General Plan, and to mitigate the drainage impacts in the South Etiwanda Local Drainage Area caused by new development, certain public drainage improvements must be or had to be constructed. The City Council 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 these improvements. Impact Fees for this fund are calculated in accordance with Resolution No. 90-111 at a rate based on net acreage of the development as it relates to the benefit and impact area with the specific public improvements to be financed. See the attached summary of Engineering Fees as of July 1, 2015. Fund 123 — Library Impact Fee: The City has two existing libraries, the Archibald Library and the Paul A. Biane Library which is part of the Victoria Gardens Cultural Center. The Paul A. Biane Library includes space for future expansion, and the City will assess the need for a third library in the future. In order to provide funds for library facilities and materials needed to serve future development, the City Council determined that a development impact fee is needed for land acquisition and site improvements, building construction or expansion, interior building improvements, furniture fixtures and equipment, library materials, theatre facilities, special needs equipment and facilities, technical centers, and special activities facilities. Impact Fees for this fund are calculated in accordance with Resolution No. 14-128 using the per - capita costs for library facility and materials and average population per dwelling unit. The impact fee per dwelling unit varies depending on the development type. See the attached summary of Engineering Fees as of July 1, 2015. Fund 124 — Transportation: In order to implement the goals and objectives of the Circulation Element of the City 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. Impact Fees are calculated based upon the equivalent dwelling unit based upon the land use type as adopted in Resolution No. 14-102. The impact fee per equivalent dwelling unit varies depending on the development type. See the attached summary of Engineering Fees as of July 1, 2015. P138 Fund 125 —Animal Center Impact Fee: The City's existing Animal Center is at capacity and additional space will be needed for growing demand imposed by future development. In order to meet that demand, the fee will be for land acquisition and site improvements, building construction and expansion, interior building improvements, furniture fixtures and equipment, special needs equipment and facilities, veterinarian equipment and facilities, transportation facilities, kennel facilities, transportation facilities, and outdoor dog runs and play areas. Impact Fees for this fund are calculated in accordance with Resolution No. 14-128 using the per - capita costs for existing facilities and average population per dwelling unit. The impact fee per dwelling unit varies depending on the development type. See the attached summary of Engineering Fees as of July 1, 2015. Fund 126 — Lower Etiwanda Drainage: In order to implement the goals and objectives of the Public Health and Safety Element of the City of Rancho Cucamonga's General Plan, and to mitigate the drainage impacts in the Lower Etiwanda Local Drainage Area caused by new development, certain public drainage improvements must be or had to be constructed. The City Council 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 these improvements. Impact Fees for this fund are calculated in accordance with Resolution No. 06-032 at a rate based on net acreage of the development as it relates to the benefit and impact area with the specific public improvements to be financed. See the attached summary of Engineering Fees as of July 1, 2015. Fund 127 — Police Impact Fees: The City's existing police facility is at capacity and additional space is needed to serve the growing demand imposed by future development. The impact fees for police facilities is based on the existing relationship between the Police Department calls for service per year generated by existing development and the replacement cost of the department's existing facilities. The funds will provide for land acquisition and improvements, building construction, furniture fixtures and equipment, technical centers and transportation facilities for the City's Police Department. Impact Fees for this fund are calculated in accordance with Resolution No. 14-128 using the average cost per call for service and the calls -per-unit. The impact fee per dwelling unit varies depending on the development type. See the attached summary of Engineering Fees as of July 1, 2015. P139 Summary of Engineering Fees as of July 1, 2015 P140 City of Rancho Cucamonga _ Engineering Fees (Updated July 1, 2015) RAr�CHO The following is a summary of Engineering Fees and are based on the latest City Council CUCAMONGA Resolutions. The escalators are: Employee Cost Index for State and Local Government CALIFORNIA Employees (E.C.I) and Engineering News Record (ENR). Application Fees, Public Works Construction Permit Fees and Map and Improvement Plan Checking Fees include a 4.5% technology fee and shall be adjusted annually on July 1. The E.C.I. escalator and the ENR escalator for 2015 are 2.0% and 0.1%. However, additional requirements and/or fees shall be noted in the Conditions of Approval for the individual projects. APPLICATIONS (E.C.I.) AmendingMap.......................................................................... Bond Substitution....................................................................... Certificate of Compliance........................................................... Certificate of Correction............................................................. Flood Hazard Letter ...................................................... Improvement Agreement ............................................... Lot Line Adjustment...................................................... ($1408.00 for each additional parcel) Private Street Designation ............................................ Reapportionment Maps ................................................. (Two sheet parcel/tract map; $30.00 each additional sheet) Reimbursement A reement —Storm Drain $ $ $ $ 1,523.00 1,607.00 1,404.00 1,236.00 150.00 298.00 1,658.00 ................ $ 1,489.00 ................ $ 1,489.00 W.............................. Reimbursement Agreement — Street and Utilities ..................... Release of Lien Agreement...................................................... Standard Agreement/Document Processing ............................. StreetVacation........................................................................ Traffic Study Review................................................................. CONSTRUCTION AND DEMOLITION DIVERSION (No Change) ........ $ 3,198.00 ........ $ 3,198.00 ........ $ 896.00 ........$ 1,167.00 ........$ 1,574.00 ........ $ 711.00 DIVERSION DEPOSIT ADMINISTRATIVE FEE Square Footage Deposit Valuation Square Footage Fee 1,000 to 9,999 $5,000 >$100,000 Less than 5,000 $250 5,000-9,999 $500 10,000 to $10,000 >$100,000 10,000-19,999 $750 >20,000 $15,000 >$100,000 20,000 and greater $1,000 PUBLIC WORKS CONSTRUCTION PERMIT (SEE SEPARATE FEE HANDOUT) (E.C.I.) Page 1 of 4 Engineering Fees (continued) OVERSIZE LOADS'' - TRAFFIC (No Change) P141 Single Permit.....................................................................................$ 15.00 EA Repetitive Permit............................................................................... $ 70.00 EA (initial fee plus $15.00 per month renewal fee to a maximum of 6 months) Annual Permit................................................................................... $ 70.00 per year *These fees are based on the provision of the California Vehicle Code Section 35795 and Caltrans Fee Schedule MAP AND IMPROVEMENT PLAN CHECKING (E.C.I.) Property Legal Description...................................................................... $ 1269.00 EA Residential Parcel Map............................................................................ $ 3,959.00 LS (+$245 per lot) Tract Maps and Non -Residential Parcel Maps overten (10) lots.....................................................................................$ 4,094.00 LS (+$296.00 per parcel or lot) Tract Maps and Non -Residential Parcel Maps of ten (10) lots or less.............................................................................$ 4,264.00 LS Interior Streets — 1 Sheet........................................................................$ 3,756.00 LS Interior Streets — 2 Sheets...................................................................... $ 4,568.00 LS Interior Streets — Sheets 3 and 4............................................................. $ 1,218.00 EA Interior Streets — 5 Sheets......................................................................$ 8,020.00 LS Interior Streets — Sheets 6 through 9 .......................................................$ 1,218.00 EA Interior Streets — 10 Sheets....................................................................$ 15,228.00 LS Interior Streets — Sheets 11 and more ..................................................... $ 1,218.00 EA Storm Drain Plans....................................................................Same as for Interior Streets Landscaped and Irrigation Plans for City -Maintained Areas........................................................................ $ 1,269.00 EA Hydrology Study Drainage Areas up to 150 acres....................................................................................... $ 2,640.00 LS Hydrology Study Drainage Areas greater than 150 acres............................................................................$ 3,655.00 LS Monumentation (refundable)................................................................... $ 2,620.00 LS (+ $53 per lot) Map Printing (as adopted by County — per sheet) ................................... $ 75.00 EA Collection of San Bernardino County fees, as adopted by the County, including but not limited to: Documentary Handling Fee for Filing Notice of Determination; Development Review Fees; County Recording Fee; and County Printing Fee. For map and plan checking, the fees for rush checking, when approved by the City Engineer, will be 50% greater than those listed above. The fees for checking the revisions to approved plans will be on the basis of actual costs at hourly rates as determined by the City Engineer with a minimum fee of $ 200.00 Page 2 of 4 P142 Engineering Fees (continued) DRAINAGE FEES (No Change) General City Drainage Fee per net acre (ENR) ......................................$ 19,401.00 Etiwanda/San Sevaine Area Fee per net acre Etiwanda / San Sevaine Total Fee = (1) Regional Mainline + (1) Secondary Regional + (1) Master Plan Regional Mainline Fee- (No Change) a) Upper Etiwanda $........................................................................$ 7,800.00 b) San Sevaine.................................................................................$ 2,500.00 c) Lower Etiwanda........................................................................... $ 0.00 Secondary Regional Fee- (No Change) a) Henderson/Wardman.................................................................. $ 6,400.00 b) Hawker-Crawford........................................................................$ 4,700.00 c) Victoria Basin.............................................................................. $ 400.00 1,800.00 per bedroom Upper Etiwanda Interceptor (to reimburse Master) .......................... $ 2,000.00 Master Plan Fee - 5,401.00 per 1,000 sf a) Upper Etiwanda (No Change) ...................................................... $ 8,900.00 b) San Sevaine (No Change)........................................................... $ 2,900.00 c) Lower Etiwanda (No Change) ...................................................... $ 16,500.00 d) Middle Etiwanda (ENR)...............................................................$ 32,199.00 UNDERGROUNDING OVERHEAD UTILITIES (ENR) No Change Electric....................................................................................................$ 297.00 per LF Telephone............................................................................................... $ 56.00 per LF CableTelevision..................................................................................... $ 27.00 per LF TRANSPORTATION DEVELOPMENT FEES (No Change) LandUse........................................................................................................Fee Single Family Dwelling Unit......................................................................$ 9,002.00 per unit Multi -Family Dwelling Unit.......................................................................$ 5,401.00 per unit Apartment or Condominium.....................................................................$ 5,401.00 per unit Senior Housing -Attached (Apartments or Condos) .................................. $ 1,800.00 per bedroom Nursing/Congregate Care.......................................................................$ 1,800.00 per bedroom Commercial..............................................................................................$ 13,503.00 per 1,000 sf Industrial.................................................................................................$ 5,401.00 per 1,000 sf Warehouse..............................................................................................$ 4,501.00 per 1,000 sf Office/Business Park...............................................................................$ 10,802.00 per 1,000 sf Hotel/Motel..............................................................................................$ 7,202.00 per room Self-Storage.............................................................................................$ 180.00 per storage unit DayCare................................................................................................$ 2,251.00 per student Service Station.........................................................................................$ 45,010.00 per gas pump LIBRARY IMPACT FEES (per dwelling unit) No Change Residential, Single Family (Detached).....................................................$ 576.98 Residential, Multi Family (Attached)........................................................ $ 393.02 Assisted Living Facilities......................................................................... $ 183.97 Page 3 of 4 P143 Engineering Fees (continued) Animal Center Impact Fee (per dwelling unit) (No Change) Residential, Single Family (Detached.......................................................$ 124.29 Residential, Multi Family (Attached)........................................................ $ 84.66 Police Impact Fee No Change) Residential, Single Family (Detached) (per dwelling unit) ......................... $ 172.00 Residential, Multi Family (Attached) (per dwelling) ...................................$ 194.92 Assisted Living Facilities (per dwelling unit) ............................................. $ 41.34 Commercial/Retail KSF............................................................................$ 530.67 OfficeKS F................................................................................................ $ 122.38 IndustrialKSF...........................................................................................$ 46.10 Hotel/Motel per Room...............................................................................$ 65.10 Effective May 1, 2015, the following fees will commence and the current Parkland Improvement Impact and In -Lieu Fees along with Beautification Fees will be eliminated. To clarify; for the new park/recreation fees each subdivision development, non -subdivision development, or one single family house application will be paying three fees labeled 1, 2, and 3 below. For 1 they will pay from either A or B depending on if the application is for a subdivision or no subdivision involved. 1. Park In-Lieu/Park Impact (per dwelling unit) No Change A. Park Land Acquisition In Lieu Fee (In Subdivisions) Residential, Single Family (Detached) .......................................$ 5,226.75 Residential, Multi Family (Attached) .......................................... $ 3,560.25 B. Park Land Acquisition Impact Fee (No Subdivision) Residential, Single Family (Detached) .......................................$ 4,329.54 Residential, Multi Family (Attached) .......................................... $ 2,949.11 Assisted Living Facility.............................................................. $ 1,380.43 2. Park Improvement Impact Fee (All Residential Development) (per dwelling unit) No Change Residential, Single Family (Detached)..................................................... $ 2,546.53 Residential, Multi Family (Attached)......................................................... $ 1,734.59 Assisted Living Facility............................................................................ $ 811.94 3. Community and Recreation Center Impact Fee (per dwelling unit) No Change Residential, Single Family (Detached)...................................................... $ 1,737.19 Residential, Multi Family (Attached).......................................................... $ 1,183.30 Assisted Living Facility.............................................................................$ 553.89 Questions relating to Development Impact Fees may be presented to Dan James Senior Civil Engineer. 909 477-2740 Ext 4020 or dan.iames(cD-cityofrc.us Page 4 of 4 P144 STAFF REPORT PLANNING DEPARTMENT W" RANCHO Date: December 15, 2016 CUCAMONGA To: Mayor and Members of the City Council From: Candyce Burnett, City Planner By: Dominick Perez, Associate Planner Subject: Consideration of Trail Easement Vacation DRC2016-00780 — Danny Morel - A request to vacate a portion of an existing equestrian easement located along the southern edge of the property within the Estate Residential (ER) District of the Etiwanda Specific Plan and within the Equestrian Overlay District at 5820 Rolling Pastures — APN: 0225-122-96. Related File: DRC2013-00964. This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15305 (Class 5 Exemption — Minor Alterations in Land Use Limitations). RECOMMENDATION: The Planning Commission recommends that the City Council approve Trail Easement Vacation DRC2016-00780 through the adoption of the attached Resolution of Approval. BACKGROUND: Following the submittal of this application to the Planning Department, this request was brought before the Trails Advisory Committee on October 12, 2016, for review and was given a recommendation of approval to the Planning Commission and City Council. On November 9, 2016, this item was brought before the Planning Commission for review and was given a recommendation of approval to be sent to the City Council for review and final action. Further discussion of this item is provided below and in the attached exhibits. SITE CHARACTERISTICS: A. Surroundinq Land Use and Zoning: North - Single -Family Residences — Very Low Residential (VL) District, Etiwanda Specific Plan South - Vacant Land — Estate Residential (ER) District, Etiwanda Specific Plan East - Single -Family Residences/Rancho Cucamonga Fire Station #176 — Estate Residential (ER) District, Etiwanda Specific Plan West - Vacant Land — Estate Residential (ER) District, Etiwanda Specific Plan B. General Plan Designations: Project Site - Very Low Residential North - Very Low Residential South - Very Low Residential East - Very Low Residential West - Very Low Residential CITY COUNCIL STAFF REPORT TRAIL EASEMENT VACATION DRC2016-00780 — DANNY MOREL December 15, 2016 Page 2 C. Site Characteristics: On April 24, 2002, the Planning Commission approved Tentative Parcel Map 15802 (Exhibit B) for a proposal to subdivide a parcel of 4.24 acres into four (4) lots. The four lots are located west of, and adjacent to, East Avenue, approximately 1,500 feet north of Banyan Street. Since then, Rancho Cucamonga Fire Station #176 was constructed on Lot 1 and two (2) single-family residences were constructed on Lots 2 and 3. The subject property at Lot 4 (addressed as 5820 Rolling Pastures) remained undeveloped. Since the subdivision is located within the Equestrian Overlay District, a 15 -foot wide local feeder trail easement was recorded on the map to provide access for equestrian purposes to the rear of each residential lot. Lot 4 is the subject of this request to 11 vacate," i.e., delete, a portion of the trail easement (Exhibit A). On November 24, 2014, the Planning Director approved a Minor Design Review (DRC2013-00964) which allowed for the development of a 4,943 square foot single- family home at 5820 Rolling Pastures Place. The site plan for the approved development (Exhibit C) shows the 15 -foot easement parallel to the westerly and southerly boundaries of the lot. The house is currently under construction and is nearing completion, of which the remaining improvements include the installation of the perimeter walls and equestrian improvements. ANALYSIS: A General: The applicant/property owner, Danny Morel, is requesting to vacate the equestrian trail easement along the south boundary of the subject property in order to utilize the southernmost portion of the property. Currently, a 15 -foot wide equestrian trail is required to be constructed within the equestrian easement as shown below. This request involves a vacation of a segment of the easement that is 157.45 feet in length along the southerly edge of Parcel 4. E TRAE... LOC 1 PR WE EASE. $ Parcel 4 •� PROJECT SITE g 15 00' 1. = Parcel 3 C.LEASEMENTEASEMENT IO SWINCYN CAN EDI (M -� EDISC« COMPANT DIN UMDISCumo)LDSCO) PER 327A/221 D.R STREET (FUTURE) e A' F )1101'7 d. N.07, 300 e7 64' N er 25'OE' E 103.50 -\ N 15 23' E 500' J e\ Z 2' Parcel 2 'R ._ Ayr>% fi 15 V1jr > N 00.13'00' E 15.65' N $72503- E 20502- N 0501'N erz5'06'C 127 SZ Aj6 A5'SD C 11 l9 $ �1 lN er25'0e'E _ 12A 2e'_ 26' PR -OTE ACC( 5S EASEMENT -15.00 AA DUCATION 70 'NE CITT OF RANEND c CDCANONW FDR STPECT• MC -1 AND RCJ•[0 PURPOSES Parcel 1 8 1 rIY PRIVATE COVESTRIAN CASEMENT N 1:26'DO'E.0 i TS' PRNATE DRAVIACE [ASrUrNT 666' 1 N.6725 OB_C _ non 6 73 (N E7z50e' E )I1.IU1 N69.25'06'E.. 2 IS' IRNATC EOUCSTAkN EASEMENT 5' PR VATE DRAINAGE - _T__ 11 g r4e'13**. S 8 �' zA «e775oe'E 178 75' i Fd 1' I P TACC[D L S 1152 -- g P145 ai A CITY COUNCIL STAFF REPORT TRAIL EASEMENT VACATION DRC2016-00780 — DANNY MOREL December 15, 2016 Page 3 In 2006, the previous owner of the adjacent property to the east at 5822 Rolling Pastures Place (Lot 3) obtained a building permit to construct a block wall along the side (east and west) and rear (south) property lines of his property. The approved site plan for the construction of the block wall indicated that it would not encroach, i.e. cross, into the equestrian easement located at the rear of the property. However, without the City's approval, the wall was actually constructed across the easement. This was not noticed during the final inspection of the wall and has remained in place since then. Because of this, trail access through Lot 3 from the properties to the west and east (Lots 4 and 2, respectively) is currently blocked. Per Section 17.122.010 (K)(1)(e) of the Development Code, an internal looped trail system of local feeder trails is required to be provided within subdivisions (within the Equestrian Overlay). Furthermore, Section 3.4 of the Trails Implementation Plan encourages providing "a logical riding loop within the subdivision." The primary purpose for these requirements is to facilitate a continuous network of equestrian trails. The proposed vacation will result in the elimination of the loop throughout the subject subdivision. Due to the existing block wall around the side and rear yard area of Lot 3, a continuous loop is not possible, as this currently results in a dead end. However, staff anticipates that the current proposal to vacate the trail along the southerly edge of Lot 4 will not significantly affect overall connectivity in the area with the local feeder trail. The vacation of this segment of the trail does not alter the connectivity of the trails within the residential tract to the north nor does it prevent future local feeder trail connectivity within any potential subdivision on the vacant properties to the south and west (Exhibit E). Per Chapter 5 of the General Plan (Community Services) and Section 17.70.040 of the Development Code, local feeder trail easements for equestrian purposes are to provide access to the rear of all lots. Access to the rear of the subject property will continue to be provided, as shown on the proposed trail easement vacation plan (Exhibit D). P147 CITY COUNCIL STAFF REPORT TRAIL EASEMENT VACATION DRC2016-00780 — DANNY MOREL December 15, 2016 Page 4 Furthermore, the request would not interfere with potential equestrian trail access for Lot 3 as this proposal does not involve the removal of the equestrian trail easement on any other lot within Tract 15802. The original design of the vacation resulted in a "squared off' dead end at the southern end of the remaining segment of the trail. As this may create access issues to future lots that develop to the south and/or west of the subject subdivision, staff recommended revising the vacation exhibit to incorporate a corner cut out that is consistent with City standards to allow for a 10 -foot by 10 -foot triangular area be added to the southeasterly end of the trail. The applicant's engineer has since revised the trail easement vacation plan (Exhibit D) to be consistent with this standard. According to Section 7.9 of the Trails Implementation Plan, the request to vacate an equestrian trail easement requires consent from the property owners of all lots within the affected subdivision. The applicant has obtained written consent signed by all of the other property owners within Parcel Map 15082 (Exhibit H). Two of the 3 consent letters were notarized prior to the Planning Commission hearing for the two residences to the east of the subject property. Since then, the applicant has obtained the third notarized signature for the Fire Station property. E. Trails Advisory Committee: On October 12, 2016, this project was presented to the Trails Advisory Committee (Oaxaca, Fletcher, Tisler, Douglass, and Jones) for review and recommendation (Exhibit F). The Committee asked staff several questions and provided comments which are outlined in the Trails Advisory Committee meeting minutes (Exhibit G). The public comment portion immediately followed, which included comments provided by Larry Henderson, representing the Alta Loma Riding Club, which are also listed in the Trails Advisory Committee meeting minutes. Following comments from the public, the Committee concluded their discussion of the project and unanimously voted to recommend approval to the Planning Commission/City Council of the proposal to vacate the easement. F. Planning Commission Hearing: On November 9, 2016, this project was presented to the Planning Commission (Oaxaca, Macias and Fletcher) for review and recommendation. Staff presented the item (Exhibit 1) and then discussed the application with the Commission. The public comment portion immediately followed, which included comments provided by Larry Henderson, representing the Alta Loma Riding Club. Mr. Henderson stated that the Alta Loma Riding Club was opposed to the request. Mr. Henderson's comments as well as all other discussion for this item are included in the attached minutes (Exhibit J). The Planning Commission agreed with Mr. Henderson's concerns, but ultimately moved to recommend approval to the City Council based on the circumstances and that the proposed vacation will not adversely impact the overall trail circulation. ENVIRONMENTAL ASSESSMENT: The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA ai A i CITY COUNCIL STAFF REPORT TRAIL EASEMENT VACATION DRC2016-00780 — DANNY MOREL December 15, 2016 Page 5 Guidelines. The project qualifies under as a Class 5 exemption under State CEQA Guidelines Section 15305 (Minor Alterations in Land Use Limitations) because this project meets all the criteria described in the section and there is no substantial evidence that the project may have a significant effect on the environment. CORRESPONDENCE: This item 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 a 660 -foot radius of the project site to properties to the north, south, east, and west. Notification was also sent to Larry Henderson (representing the Alta Loma Riding Club) as requested at the Trails Advisory Committee meeting. No correspondence was received in response to these notices. CB:DP/jp Attachments: Exhibit A - Aerial Photo Exhibit B - Parcel Map 15802 Exhibit C - Site Plan for Minor Design Review DRC2013-00964 Exhibit D - Trail Easement Vacation Plan Exhibit E - Trails Connectivity Map Exhibit F - Trails Advisory Committee Comments dated October 12, 2016 Exhibit G - Trails Advisory Committee Minutes dated October 12, 2016 Exhibit H - Signed Consent Letters Exhibit I - Planning Commission Staff Report (with Resolution of Approval) from November 9, 2016 Exhibit J - Planning Commission Minutes from November 9, 2016 Draft Resolution of Approval for Trail Easement Vacation DRC2016-00780 P149 TRAIL EASEMENT VACATION D RC2016-00780 EXHIBIT A -O 3 4 PARCELS PARCEL MAP No. 15802 SHEET I OF 2 GROSS ACRES: 4.238 NET ACRES. 3.997 IN THE CITY OF RANCHO CUCAMONGA, CALIFORNIA BEING A SUBDIVISION OF PARCEL 1, PARCEL MAP No. 3213 PER PLAT RECORDED IN BOON 28 OF PARCEL MAPS, PAGE 77, RECORDS OF THE COUNTY RECORDER OF THE THE COUNTY OF SAN BERNARDINO IN THE STATE OF CALIFORNIA. 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(np.) 7- b• er.;q-t, •mere] I•on the o•oled .re] • .ardtwra Leve, dl u . Z..., (CLOVR) shad de ablaned t„m in, •,Cern E, eq 11, .......ehl Ig-, 1E4a . d pr; a the s uan [;rC >erm 13 !.' Perces 2 ar -ecce o1 .,a Re.amn LC-c'dr , ..re dy 1ENa o a .c oc once+q or d CI- 7 i. q: •e e.a, de.ek.et;l and a 1.6114. 111 alumS;rcPa]e n Jera.dan< v,1 ar.,dna,r.tv1ed .an ve q'ed•q at e Parte .. • ..c,ert dc--rs ysl EXHIBIT B e gas Ce• or Ine 3oa•d omm a1 Suderv,on o1 the CourtY o1 Se, Bernard no -L4� 71iL Auditor's Certificate /I ,`rear dew, trot ac-ii.nq 1. Ine re -C. e1 tni, ad e, the Cate. Ine', a• ns dq.;n't Ine h.. u..l dertY sdee a, ine e cera mea ler oad Sleie'Cwnly, YunkiPe- Dr kcesnte•ee a Sola., C.o ,1f cd en td af nal it- d 'lall a f vne 't. hat rel Dorene a male] •a be 1 e•t)- v.ry wane, / ._-tr A-cr. CatntY a! Sen Eemo,d;no erL J� 42XV Deoatr �tY Aaktmleaymwf 5(i(< s( UI•(.•nra Se / -15 co- NA$ No, "I'm co" 81 D `WW1 THE OR INSL M4P SAN B / 17""I'DINO coin PFCOFM Ur +tons �d•'{ .( — , t+rfr.e. '^ . P�e,n.n•Ily Pe„�r-elder-ecce, .a pa".r,J "m e.< .. -M•.c bans •f p11s4a.idY'( avldea ce. �. be e Peyenl w -I nines a.l wbY.•l riy T ir;,- •.. •, Inttrawlutt �,vl y eru✓Fat +{s< o•-L.N� -� 555 S 7 90 sane •+ �irjr "+'(, and -N.:~ yV FILED REOUEST OF -W,. sr.nirvy[ .•, t4,r_\ �`"t, rrarrET 1113., bal+dlf ,,,�' a'nr<4 f..e P<rf. •+ �.}eJ (f Yd half �fdSl-' a Inn r c ON 61d 1 n. 19 a ;x ^ AT �p-7 IN 5, �v1J (i S,:•i. 1n a,J . BOOK _19-7 _ PAGF5 OF_7 Ilio„ �C iT(•J .+ pr•.(•I SAN BEF..yAB01NU COUNTY RI COROFF v, i,,T 1Pd PIS— •f LrE E y( Inn a•P1�as P150 ��V` cp V p 4 PARCELS PARCEL MAP No. 15802 SHEET 2 OF ; GROSS ACRES: 4.238 NET ACRES•. 3.887 IN THE CITY OF RANCYO CUCAMONGA, CALIFORNIA BEING A SUBDIVISION OF PARCEL 1, PARCEL MAP No. 3213 PER PLAT RECORDED IN BOON 28 OF PARCEL MAPS, PAGE 77, RECORDS OF THE COUNTY RECORDER OF THE THE COUNTY OF SAN BERNARDINO IN THE STATE OF CALIFORNIA. MAY, 2002 DAN GUERRA & ASSOCIATES W �� In e� N �'- Lss/tos 9 0 lSb 3 dad MOW clod hl OM'otl1Mtl39 ( 9f'[19L `Y M ,W ft.p0 'N)'� NIS l0 .1[x'107 3X1 I 3nN3AV aL 1M3N3sn of 1SV3 I Cos'»L) = '.� 691 ' 3.00,[lm N) 00SI 3 La»z3.ao.[lao�) .OSYC� c LU u^ vc DO iy35Do* r z 1z r 11,LO as M ,906L•90 w _ Us, 3.00LI40x` ' $' J, � l.Oo- "M R UtILM Ua e8nn ,00or M,aonA9x $^ u � a -r.. f $ oL�rn 2 CS .91,91 M,CS.tf,00N lid n OmLJ 'J^f'- n I$ W H 0 2 � m $ M Q u zs � •$1I �I � Oa �. I I� z zl ^ e O p3? 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Z i Alaiy ! ati EFye iee= �Aie��F�pf i'�[�i _ l 0 Z LL LLJ�o o � 0 t1aL/.. t J a W N Z 7n W Ad D- U) lh = 0 C CL a ¢i�te;s'gsogfit£t;ateY�9;tls�°!eg $ a ' gy 88 �t o -•YtEdge5�63Ay A�3n3°eal9ta�=�nFil tS ���€ 8ti ��6?1i Yin�EAt ie ilgp ftpp pp gp77 ® ri �ggtr i Q Y:ds�ie3395353�en$i8�fi@�f i! a EXHIBIT C 6 t 6t z sY �4 Ya nt a ya®4Ya nt Y.e& E �ii'ti i�lfLya taV t5 �i9ii in yi®6`t WiA�� ytY a 1 'vl'E3py2 t Q y¢ yeQ7 Y � Y" y E!t° Y� T t°y tF�•i2'J2 --• t Ri `WE YF 7G4- - A acz aS W " ❑ f I I I I Z I ¢ I oN I C I �d- w N w ZI > :I w o Fl: Qi Lo CD I cn z N I X w EXHIBIT B N89'25'08"E 418.35' CURVE 1 DELTA A=38°15'48" RADIUS R=45.00' LENGTH L=30.05' LINE BEARINGDISTANCE 10 S00'14'08"W 15.00' 02 S45°10'21 "E 14.04' ALL BEARINGS AND DISTANCES SHOWN HEREON ARE RECORD OR CALCULATED DATA PER INST. NO. 2015-00426350.R. PARCEL "A" OF INST. NO. 2015-0042635 O.R. 15' w � �z w uj in w w �h >< C� w 1� -1,---�S89_25'08"W 147.23' 147.45' N89'25'08"E 172.45' PAGE 2 OF 2 EXHIBIT D N89'25'08"E 250.39' ROLLING PASTURES N C3 N Ln I�7 N O OO z - o m i J � W N U Q O cl- z cn Z O SE'L Y COR. PARCEL 'A' SCALE 1"= 40' ©�� �~ yam, � ; � Yr' - , a 4 K�� ♦. 1 r y� fa - • • - - W LU • •• �y'• �.. �i 1, Oti d j# Y •LL LL - Ali P155 TRAILS ADVISORY COMMITTEE COMMENTS OCTOBER 12, 2016 6:00 p.m. Dominick Perez October 12, 2016 TRAIL EASEMENT VACATION DRC2016-00780— DANNY MOREL—A request to vacate a portion of an existing equestrian easement located along the southern edge of the property within the Estate Residential (ER) District of the Etiwanda Specific Plan and within the Equestrian Overlay District at 5820 Rolling Pastures —APN: 0225-122-96. Related File: DRC2013-00964. Site Characteristics and Background: On April 24, 2002, the Planning Commission approved Tentative Parcel Map 15802 (SUBTPM15802) for a proposal to subdivide a parcel of 4.24 acres into four (4) lots. The four lots are located west of, and adjacent to, East Avenue, approximately 1,500 feet north of Banyan Street. Since then, Rancho Cucamonga Fire Station #176 was constructed on Lot 1 and two (2) single-family residences were constructed on Lots 2 and 3. The subject property at Lot 4 (addressed as 5820 Rolling Pastures) remained undeveloped. Since the subdivision is located within the Equestrian Overlay District, a 15 -foot wide local feeder trail easement was recorded on the map to provide access for equestrian purposes to the rear of each residential lot. Lot 4 is the subject of this request to "vacate", i.e. delete, the trail easement. On November 24, 2014, the Planning Director approved a Minor Design Review (DRC2013-00964) which allowed for the development of a 4,943 square foot single-family home at 5820 Rolling Pastures Place (Exhibit B). The site plan for the approved development (Exhibit C) shows the 15 - foot easement parallel to the westerly and southerly boundaries of the lot. The house is currently under construction and is nearing completion, which includes the installation of the perimeter walls and equestrian improvements. Staff Comments: The applicant/property owner, Danny Morel, is requesting to vacate the equestrian trail easement along the south boundary of the subject property in order to utilize the southernmost portion of it. Currently a 15 -foot wide equestrian trail is required to beconstructed within the equestrian easement as described above. This request involves a vacation of a segment of the easement that is 157.45 -foot in length. Access to the rear of the subject property will continue to be provided, as shown on the proposed trail easement vacation plan (Exhibit D). Furthermore, the request would not interfere with potential equestrian trail access for Lot 3 as this proposal does not involve the removal of the equestrian trail easement on any other lot within Tract 15802. The proposed vacation would result in a "squared off' dead end at the southern end of the remaining segment of the trail. As this may create access issues to future lots that develop to the south and/or west of the subject subdivision, staff recommends, as a condition of approval, revising the easement and the design of the corresponding trail to incorporate a corner cut out that is consistent with City standards. This would require a 10 -foot by 10 -foot triangular area be added to the southeasterly end of the trail, similar to the north end of this segment of the trail. Lastly, the request to, vacate the the equestrian trail easement along the south boundary of the subject property will require consent from the property owners of all lots within Parcel Map 15802. Mr. Morel has initiated communication with the adjacent property owners to obtain the necessary approvals and is currently in the process of preparing and submitting signed consent forms. Staff has already reached out to the Fire District and has obtained approval for the request. Staff recommends a condition that requires the applicant to submit, prior to the Planning Commission hearing, written consent from all adjacent property owners within Parcel Map 15802. I� EXHIBIT F Item a-1 Staff Recommendation: Staff recommends the Trails Advisory Committee recommend approval to the Planning Commission for the vacation of the southern 157.45 -foot long portion of the trail located at the south end of the subject property, subject to the recommended conditions. Staff Planner: Dominick Perez, Associate Planner Attachments: Exhibit A - Aerial Photo Exhibit B - Parcel Map 15802 Exhibit C - Site Plan Exhibit D - Trail Easement Vacation Plan Item B —2 P157 Trails Advisory Committee Notes October 12, 2016/Rains Room/City Hall Start time: 6:OOpm Staff: Dominick Perez, Associate Planner Staff Coordinator: Mike Smith, Senior Planner Trails Committee Members Present: Francisco Oaxaca, Rich Fletcher, Victoria Jones, Carol Douglass, Tom Tisler A: 1. ff provided an oral report 2. 'cant, Ben Anderson for BCA Development Inc. provided background and general st nts about the project 3. The C ee asked Staff and the Applicant questions about the project and provided comms follows: Jones — What is difference between VL and L designation (i.e. Very Low Residential vs. Low Residenti Also, what are the minimum width of the lots — the proposed lots do not meet the mi width described in the Staff Report. Perez — The Differenc he number of dwelling units per acre and minimum lot size that is permitted. The p ed subdivision, at Low Residential, will have a higher density at 2- 4 du/acre compare Very Low Residential which is 1-2 du/acre while the lots will be about 10,000 square in area compared to 20,000 square feet in area for Low Residential and Very Lo sidential, respectively. The minimum lot width identified in the Staff Report was an er The lots meet the minimum lot width requirement. Douglass and Fletcher — What is the jus tion for the zone change? Perez —The proposed zoning amendmentNdes he project consistent with the zoning of the subdivisions to the west. Oaxaca — Were other alternatives for the tith connections to each lot considered, i.e. a network local feeder trails withion instead of a single Community Trail along its edge? Applicant — No alternatives were considered; the lot size lack of horse -keeping amenities is in response to current market conditions. Douglass — What will be in the open space area (at the north en the subdivision)? Perez — The area is over a fault and can't be built upon. A park wirlWonstructed there instead. Tisler — What is the slope of the trail at the entrance (at Wilson Avenue Perez — Twenty (20) percent for the first 50 feet. The actual slope will ne be verified. Fletcher — How does the proposed trail connect to the existing trail network? Perez — The proposed trail will connect to the proposed trails within the subdiXheen e west and the future trail along the south side of Wilson Avenue (none of thbuilt as the surrounding properties are mostly vacant) Douglass — Commented that fencing should be provided at the trail entrance on Wilson and%ed who would be required to install the trail on the south side of Wilson Avenue and why is there not a midblock crossing. EXHIBIT G P158 — The trail on the south side of Wilson Avenue will be constructed by the future developer of that property. The Engineering Department will need to be consulted regarding the Lidblock crossing due to traffic safety and circulation considerations. Equestrian users I cross at the roundabout/intersection at East Avenue and Wilson Avenue. Jones — I re a median/island on Wilson Avenue? Applicant — edian will be constructed with the project. Jones — WhXione change proposed? Is the density compatible? Perez — Thezoning amendment will make the project consistent with the zoning of the subthe west. Fletcher — Why is theect being reviewed by the Trails Advisory Committee (TAC) before the Design Revi ommittee (DRC)? Perez and Smith — As t C only meets once a month and DRC meets twice a month, the timing a reviews is the result of when the project was deemed ready for review he available dates on the schedule (typically the next available date). Tisler — What are the design requi nts for bike paths? Perez — The design requirements a scribed in the Etiwanda North Specific Plan (the design detail from this document w own to the Committee). Douglass — Will water bars be provided i trails? Perez — They will be conditioned to be pro in areas that have a slope exceeding 8%. Oaxaca —Context and compatibility are impoXtoL doing a zone change. Requested that the minutes from this meeting be pthe Design Review Committee meeting for this project (on October 18"') Douglass — Opposed the proposed downgradesidential) density. More information needed regarding the midblock crossing (r Hing for its absence) and whether or not there will be water bars in the trail. General comment #1 from all — More information needs to qkovided to show the Committee that Wilson Avenue will be a plete" street with all required amenities for equestrian, pedes1ft, and bicycling purposes. General comment #2 from all — The Committee needs to see ho proposed trail connects with the overall system. A map identi the location of existing and proposed trails in the vicinity of th ject site needs to be provided. General comment #3 — Staff should provide each of the Committee merd a copy of the design/technical standards for the trails and the asso s features and amenities. 4. Public Comment: Larry Henderson (representing the Alta Loma Riding Club): P159 es the proposed trail connect to the trails system? Add ck crossing with traffic signals. The At "41Riding Club opposes the project from a land use standpoint (zone change). The Applicant want to participate in the Development Agreement when the City annexed the properties to t of the project site. (Applicant responded that that was incorrect) The context of the proj The City has not fulfilled its oblil location — it will not be built if this Why was there no workshop? 5. Decision: relationship to surrounding properties is not provided. to complete the required equestrian facility at this general 6Ls approved. The Committee unanimously voted to continue the item vember 9th in order for Staff and/or the Applicant to provide information relating to the I ca 0 1 a existing trail network in the vicinity of the project site and information showing how the tra osed for this project would result in a `complete' street. A copy of the design/technical st for the trails and the associates features and amenities will be provided for all future Wddvisory Committee meetings. IKStaff: Dominick Perez, Associate Planner Staff Coordinator: Mike Smith, Senior Planner Trails Committee Members Present: Francisco Oaxaca, Rich Fletcher, Victoria Jones, Carol Douglass, Tom Tisler Item B: 1. Staff provided an oral report 2. Applicant, Danny Morel provided background and general statements about the project 3. The Committee asked Staff and the Applicant questions about the project and provided comments as follows: Tisler — Is there connectivity between the project site and future residential development to the south? Perez — Yes, when development on the property to the south is proposed, the developer will be required to construct an independent internal network of local feeder trails. The applicant's proposal only eliminates part of the local feeder trail at the rear of his property — other segments will remain in place to ensure connectivity. Jones — A better exhibit is needed. More information is needed. Oaxaca — Ok with this request. Douglass — As a condition of approval, a double -wide gate shall be required to allow access from the subject property and the remaining segment of the trail. P160 Fletcher — Staff and the City should accommodate the property owner (due to the circumstances occurring next door that `cut-off' the trail to the east). However, Staff and the City should be protecting trails that are in place. Douglass — Staff needs to do better to ensure that trails are not removed. 4. Public Comment: Larry Henderson (representing the Alta Loma Riding Club): The Committee should have a copy of the Development Code for reference. Commented on how the trail network functions efficiently when it is a "loop". The City has the authority to make the neighboring property remove the walls he constructed across the trail (which led to the applicant's request to remove his segment as it led nowhere). The Applicant did not want to participate in the Development Agreement when the City annexed the properties to the west of the project site. The Alta Loma Riding Club opposes the project as it eliminates an existing segment from the trail system. Notify the Alta Loma Riding Club of the Planning Commission and City Council public hearings for this project. 5. Decision: The Committee unanimously voted to recommend approval to the Planning Commission/City Council of the proposal to vacate the easement. End time: 7:41 pm P161 RE: Easement Vacation - 5820 Rolling Pasture Place Danny Morel & Claudia Morel - Life by Design LLC 5820 Rolling Pasture PI Rancho Cucamonga, CA 91739-8948 Dear Neighbor, The City of Rancho Cucamonga (Planning Department) has asked us to obtain a written confirmation from our neighbors by Rolling Pasture Place, for the abandonment of your rights to existing equestrian trails. These trails are within the parcel 0225-122-96. By signing below you agree with the abandonment of these trails. Parcel # Address 5730 �\ 'Zxm&lo Name Kr- c 7ffEiiii Date EXHIBIT H Signature P162 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or j validity of that document. State of California County of S t ) On Vo e,r t0 2 l to before me, k t�+dc� 12avtin: NO ,► Q �' (insert name and title of the o er) personally appeared I i n Bemms, 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. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 1z,.�d.,...,� - -.:..� Kms• BR^ NDA RA3; IREEZ a. WITNESS my hand and official seal. �- & { comm. *2013770 m Ftttu ry Fal iio - f;-!a1;%t?13 Ka L • '�� SAN BERHARtNNI) GC" lriy ` My Cnn", FDn. MAR. 22 2917 Signature (Seal) RE: Easement Vacation - 5820 Rolling Pasture Place Danny Morel & Claudia Morel - Life by Design LLC 5820 Rolling Pasture PI Rancho Cucamonga, CA 91739-8948 Dear Neighbor, The City of Rancho Cucamonga (Planning Department) has asked us to obtain a written confirmation from our neighbors by Rolling Pasture Place, for the abandonment of your rights to existing equestrian trails. These trails are within the parcel 0225-122-96. By signing below you agree with the abandonment of these trails. Parcel # Name _lam Date Address P163 S 22 011 a re. � a o �u��� 91739 w� Signature P164 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of S t ) On.0(koNDey- ID, before before me, � (insert name and title of the offi r) personally appeared W 0 rn� 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. isR'ENDARAIMIIREZ Comm. 4-%03.3770 m WITNESS my hand and official seal. Nota,yPut;�° SAN BcRil4RBP-) C .:j',i TY aFswt,'r i F'" �'",? 2Z 2911 =.' Signature (Seal) RE: Easement Vacation - 5820 Rolling Pasture Place Danny Morel & Claudia Morel — Life by Design LLC 5820 Rolling Pasture PI Rancho Cucamonga, CA 91739-8948 Dear Neighbor, The City of Rancho Cucamonga (Planning Department) has asked us to obtain a written confirmation from our neighbors by Rolling Pasture Place, for the abandonment of your rights to existing equestrian trails. These trails are within the parcel 0225-122-96. By signing below you agree with the abandonment of these trails. Parcel # 222 9c993 Address S�-y0 IFAS% AVEA/U,L- Name OU JO/ V Date &&ffl Signature P165 affil -ft CALIFORNIA• •• Cr.:�t{�t.:�t!nt!:�<!�t.c�t�t!cCt!s�t �t!�t.c�t!s� s� .:aJ:��t.a<.:a<s�t:�t.c�.t.w•. �.!cit�t�t!�its�..aL:�t!�t s�t�•.:�t!:Ct.at�t��..c� .a, s� .cam .cwt. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Cal' mia I ) County of _��Ayl B tXj iG )EA O ) OnI� 2�'ZD 10 before me, Date Here Insert Name and Title Z4 the Officer � f3 personally appeared p 2 Q -b(- Name(s) of Signer(s) 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. TRINA VALDEZ WITNESS my hand and official seal. Commission # 2111430 /� � Notary Public - California i *�.v. San Bernardino County > Signatur t.�z „ a /{ G My rnmm Fxpires Ma 28, 2019 Sig `tun: f Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ��Y_K/VvIA VGiCQ_*7 Cyw Document Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Date: Nb I 9 1 �0 Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: L:C'; ' /.'✓S'✓ .'✓S�✓,L'✓:�.:��:'✓:�:'✓ UL'2/.'✓L't/i'e/.'L:'L:'✓:�:-r/:'✓%��f'U:-ra�✓,,m.::_ .-, L"ei:�.:.y s•L.L .✓ .yL.i .d . P167 STAFF REPORT >� f J PL_1NNING DEPARTMENT DATE: November 9, 2016 RANCHO TO: Chairman and Members of the Planning Commission UCAit40NGA FROM: Candyce Burnett, City Planner BY: Dominick Perez, Associate Planner SUBJECT: TRAIL EASEMENT VACATION DRC2016-00780 — DANNY MOREL — A request to vacate a portion of an existing equestrian easement located along the southern edge of the property within the Estate Residential (ER) District of the Etiwanda Specific Plan and within the Equestrian Overlay District at 5820 Rolling Pastures — APN: 0225-122- 96. Related File: DRC2013-00964. This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15305 (Class 5 Exemption — Minor Alterations in Land Use Limitations). This item will be forwarded to the City Council for final action. RECOMMENDATION Staff recommends that the Planning Commission adopt the attached resolution recommending the City Council approve Trail Easement Vacation DRC2016-00780. PROJECT AND SITE DESCRIPTION A. Surrounding Land Use and Zoning: North - Single -Family Residences — Very Low Residential (VL) District, Etiwanda Specific Plan South - Vacant Land — Estate Residential (ER) District, Etiwanda Specific Plan East - Single -Family Residences/Rancho Cucamonga Fire Station #176 — Estate Residential (ER) District, Etiwanda Specific Plan West - Vacant Land — Estate Residential (ER) District, Etiwanda Specific Plan B. General Plan Designations: Project Site - Very Low Residential North - Very Low Residential South - Very Low Residential East - Very Low Residential West - Very Low Residential C. Site Characteristics and Background: On April 24, 2002, the Planning Commission approved Tentative Parcel Map 15802 (Exhibit B) for a proposal to subdivide a parcel of 4.24 acres into four (4) lots. The four lots are located west of, and adjacent to, East Avenue, approximately 1,500 feet north of Banyan Street. Since then, Rancho Cucamonga Fire Station #176 was constructed on Lot 1 and two (2) single-family residences were constructed on Lots 2 and 3. The subject property at Lot 4 (addressed as 5820 Rolling Pastures) remained undeveloped. Since the subdivision is located within the Equestrian Overlay District, a 15 -foot wide local feeder trail easement was recorded on the map to provide access for equestrian purposes to EXHIBIT I MIME, PLANNING COMMISSION STAFF REPORT TRAIL EASEMENT VACATION DRC2016-00780 — DANNY MOREL November 9, 2016 Page 2 the rear of each residential lot. Lot 4 is the subject of this request to "vacate", i.e. delete, a portion of the trail easement (Exhibit A). On November 24, 2014, the Planning Director approved a Minor Design Review (DRC2013- 00964) which allowed for the development of a 4,943 square foot single-family home at 5820 Rolling Pastures Place. The site plan for the approved development (Exhibit C) shows the 15 - foot easement parallel to the westerly and southerly boundaries of the lot. The house is currently under construction and is nearing completion, of which the remaining improvements include the installation of the perimeter walls and equestrian improvements. ANALYSIS A. General: The applicant/property owner, Danny Morel, is requesting to vacate the equestrian trail easement along the south boundary of the subject property in order to utilize the southernmost portion of it. Currently a 15 -foot wide equestrian trail is required to be constructed within the equestrian easement as shown below. This request involves a vacation of a segment of the easement that is 157.45 -feet in length. REE" (F! -_R0 4 31•)556' E 711 0' 4 16'13'03' E 055 TRACT 1°E02 i O L.4L FEEDER 37 sa' TRAIL V arn- 6' E :'569' d}per. I RF;S J1' E IN 9: 1 I i ? 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In 2006, the previous owner of the adjacent property to the east at 5822 Rolling Pastures Place(Lot 3) obtained a building permit to construct a block wall along the side (east and west) and rear (south) property lines of his property. The approved site plan for the construction of the block wall indicated that it would not encroach, i.e. cross, into the equestrian easement located at the rear of the property. However, without the City's approval, the wall was actually constructed across the easement. This was not noticed during the final inspection of the wall and has remained in place since then. Because of this, trail access through Lot 3 from the properties to the west and east (Lots 4 and 2, respectively) is currently blocked. P169 PLANNING COMMISSION STAFF REPORT TRAIL EASEMENT VACATION DRC2016-00780 — DANNY MOREL November 9, 2016 Page 3 Per Section 17.122.010 (K)(1)(e) of the Development Code, an internal looped trail system of local feeder trails is required to be provided within subdivisions (within the Equestrian Overlay). Furthermore, Section 3.4 of the Trails Implementation Plan encourages providing "a logical riding loop within the subdivision." The primary purpose for these requirements is to facilitate a continuous network of equestrian trails. The proposed vacation will result in the elimination of the loop throughout the subject subdivision. Due to the existing block wall around the side and rear yard area of Lot 3, a continuous loop is not possible, as this would result in a dead end. However, Staff anticipates that the proposal will not significantly affect overall connectivity in the area with the local feeder trail. The vacation of this segment of the trail does not alter the connectivity of the trails within the residential tract to the north nor does it prevent future local feeder trail connectivity within any potential subdivision on the vacant properties to the south and west (Exhibit E). Per Chapter 5 of the General Plan (Community Services) and Section 17.70.040 of the Development Code, local feeder trail easements for equestrian purposes are to provide access to the rear of all lots. Access to the rear of the subject property will continue to be provided, as shown on the proposed trail easement vacation plan (Exhibit D). Furthermore, the request would not interfere with potential equestrian trail access for Lot 3 as this proposal does not involve the removal of the equestrian trail easement on any other lot within Tract 15802. The original design of the vacation resulted in a "squared off' dead end at the southern end of the remaining segment of the trail. As this may create access issues to future lots that develop to the south and/or west of the subject subdivision, staff recommended revising the vacation exhibit to incorporate a corner cut out that is consistent with City standards to allow for a 10 - foot by 10 -foot triangular area be added to the southeasterly end of the trail. The applicant's engineer has since revised the trail easement vacation plan (Exhibit D) to be consistent with this standard. According to Section 7.9 of the Trails Implementation Plan, the request to vacate an equestrian trail easement requires consent from the property owners of all lots within the P170 PLANNING COMMISSION STAFF REPORT TRAIL EASEMENT VACATION DRC2016-00780 — DANNY MOREL November 9, 2016 Page 4 affected subdivision. The applicant has obtained written consent signed by all of the other property owners within Parcel Map 15082 (Exhibit H). Two of the 3 consent letters were notarized; as a condition of approval the applicant will be required to obtain notarized written consent from the remaining property owner within Parcel Map 15802 prior to the City Council hearing. B. Trails Advisory Committee: On October 12, 2016, this project was presented to the Trails Advisory Committee (Oaxaca, Fletcher, Tisler, Douglass, and Jones) for review and recommendation (Exhibit F). The Committee asked Staff several questions and provided comments which are outlined in the Trails Advisory Committee meeting minutes (Exhibit G). The public comment portion immediately followed, which included comments provided by Larry Henderson, representing the Alta Loma Riding Club, which are also listed in the Trails Advisory Committee meeting minutes. Following comments from the public, the Committee concluded their discussion of the project and unanimously voted to recommend approval to the Planning Commission/City Council of the proposal to vacate the easement. C. Environmental Assessment: The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under as a Class 5 exemption under State CEQA Guidelines Section 15305 (Minor Alterations in Land Use Limitations) because this project meets all the criteria described in the section and there is no substantial evidence that the project may have a significant effect on the environment. CORRESPONDENCE This item 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 a 660 -foot radius of the subject subdivision. Notification was also sent to Larry Henderson (representing the Alta Loma Riding Club) as requested at the Trails Advisory Committee meeting. No correspondence was received in response to these notices. Respectf ly submitted, Candyce Burnett City Planner I- Its W'l� Attachments: Exhibit A - Aerial Photo Exhibit B - Parcel Map 15802 Exhibit C - Site Plan for Minor Design Review DRC2013-00964 Exhibit D - Trail Easement Vacation Plan Exhibit E - Trails Connectivity Map Exhibit F - Trails Advisory Committee Comments dated October 12, 2016 Exhibit G - Trails Advisory Committee Minutes dated October 12, 2016 Exhibit H - Signed Consent Letters Draft Resolution Recommending Approval to the City Council for Trail Easement Vacation DRC2016-00780 P171 RESOLUTION NO. 16-59 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF TRAIL EASEMENT VACATION DRC2016-00780, FOR A REQUEST TO VACATE A PORTION OF AN EXISTING EQUESTRIAN EASEMENT LOCATED ALONG THE SOUTHERN EDGE OF THE PROPERTY WITHIN THE ESTATE RESIDENTIAL (ER) DISTRICT OF THE ETIWANDA SPECIFIC PLAN AND WITHIN THE EQUESTRIAN OVERLAY DISTRICT AT 5820 ROLLING PASTURES; AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 0225-122-96. A. Recitals. 1. Danny Morel filed an application for the approval of Trail Easement Vacation DRC2016- 00780, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Trail Easement Vacation request is referred to as "the application." 2. On the 12th day of October 2016, the Trails Advisory Committee conducted a meeting on the application and gave a recommendation of approval to the Planning Commission. 3. On the 9th day of November 2016, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 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 Planning 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. Based upon the substantial evidence presented to this Commission during the above - referenced meeting on November 9, 2016, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The application applies to property located at 5820 Rolling Pastures —APN: 0225- 122-96; and b. The property to the north and east of the subject site contains single-family residences and Rancho Cucamonga Fire Station #176; the property to the south and west of the subject site is currently vacant, undeveloped land. The zoning of the property to the north is Low Residential (L) District, whereas the zoning of the subject property and the property located east, south and west are Estate Residential (ER) District, both of which are within the Etiwanda Specific Plan; and C. On April 24, 2002, the Planning Commission approved Tentative Parcel Map 15802 for a proposal to subdivide a parcel of 4.24 acres into four (4) lots. The four lots are located west of, P172 PLANNING COMMISSION RESOLUTION NO. 16-59 TRAIL EASEMENT VACATION DRC2016-00780 — DANNY MOREL November 9, 2016 Page 2 and adjacent to, East Avenue, approximately 1,500 feet north of Banyan Street. Since the subdivision is located within the Equestrian Overlay District, a 15 -foot wide local feeder trail easement was recorded on the map to provide access for equestrian purposes to the rear of each residential lot. Lot 4 is the subject of this request to "vacate", i.e. delete, a portion of the trail easement; and d. On November 24, 2014, the Planning Director approved a Minor Design Review (DRC2013-00964) for the development of a 4,943 square foot single-family home on the project site. The house is currently under construction and is nearing completion, of which the remaining improvements include the installation of the perimeter walls and equestrian improvements; and e. The applicant/property owner, Danny Morel, is requesting to vacate the equestrian trail easement along the south boundary of the subject property in order to utilize the southernmost portion of it. Currently a 15 -foot wide equestrian trail is required to be constructed within the equestrian easement. This request involves a vacation of a segment of the easement that is 157.45 - feet in length; and f. The previous owner of the adjacent property to the east (Lot 3 — Parcel Map 15802) obtained a building permit in 2006 to install a block wall along the side yard and rear yard property lines. Although the approved site plan for the block wall indicated the wall was to be built outside of the local feeder trail equestrian easement at the rear of the site, the wall was constructed around the trail and was unintentionally issued a final inspection approval. Because of this, trail access through Lot 3 from the properties to the west and east was ultimately blocked; and g. Although the proposal is not consistent with Section 17.122.010 (K)(1)(e) of the Development Code that sets a standard for providing an internal loop trail system of local feeder trails within subdivisions, the proposal would maintain connectivity with the local feeder trail throughout the residential tract to the north and would allow for future local feeder trail connectivity through the properties to the south and west if and when they are proposed to be developed; and h. Per Chapter 5 of the General Plan (Community Services) and section 17.70.040 of the Development Code, local feeder trail easements for equestrian purposes are to provide access to the rear of all lots. Access to the rear of the subject property will continue to be provided. Furthermore, the request would not interfere with potential equestrian trail access for Lot 3 as this proposal does not involve the removal of the equestrian trail easement on any other lot within Tract 15802; and i. The applicant has obtained signatures from all other property owners within Parcel Map 15082; and j. On October 12, 2016, this project was brought before the Trails Advisory Committee (Oaxaca, Fletcher, Tisler, Douglass, and Jones) for review and recommendation. Following comments from the public (Larry Henderson representing the Alta Loma Riding Club) voiced opposition to the project. The Committee concluded their discussion of the project and unanimously voted to recommend approval to the Planning Commission/City Council of the proposal to vacate the easement; and k. This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, Larry Henderson (representing the Alta Loma Riding Club) P173 PLANNING COMMISSION RESOLUTION NO. 16-59 TRAIL EASEMENT VACATION DRC2016-00780 — DANNY MOREL November 9, 2016 Page 3 was notified, and notices were mailed to all property owners within a 660 -foot radius of the project site. 3. Based upon the substantial evidence presented to this Commission during the above - referenced hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed project is consistent with the objectives of the General Plan, which states that the intent of local feeder trails is to provide access from the rear of every lot, wherever feasible, to a community or regional multi-purpose trail. The project will allow access to be maintained to various surrounding community trails through the existing adjacent trail system; and b. The proposed trail easement vacation is in accord with the objectives of the Development Code and the purposes of the district in which the site is located. Although the proposal is inconsistent with Section 17.122.010 (K)(1)(e) of the Development Code that sets a standard for providing an internal loop trail system of local feeder trails within subdivisions, the proposal would maintain connectivity with the local feeder trail throughout the residential tract to the north and would allow for future local feeder trail connectivity through the properties to the south and west if and when they are proposed to be developed; and C. The proposed use is in compliance with each of the applicable provisions of the Development Code. The property permits for equestrian purposes and the remaining portion of the trail that is not vacated will provide access to the rear of the subject property; and d. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. The future residential uses on the subject property are consistent with existing residential uses within the vicinity and are not expected to create any negative impacts. 4. The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 5 exemption under State CEQA Guidelines Section 15305 (Minor Alterations in Land Use Limitations) because this project meets all the criteria described in the section and there is no substantial evidence that the project may have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staffs determination of exemption. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth in the attached Conditions of Approval, attached hereto and incorporated herein by this reference. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF NOVEMBER 2016. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA P174 PLANNING COMMISSION RESOLUTION NO. 16-59 TRAIL EASEMENT VACATION ORC2016-00780 — DANNY MOREL November 9, 2016 Page 4 BY: Francisco Oaxaca, Chairman ATTEST: Candycjpurnett, Secretary I, Candyce Burnett, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 9th day of November 2016, by the following vote -to -wit: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS FLETCHER, MACIAS, OAXACA NONE MUNOZ, WIMBERLY ABSTAIN: COMMISSIONERS: NONE P175 Conditions of Approval Rnnrtto Community ty Develo pment Department Project #: DRC2016-00780 Project Name: Morel Residence Location: 5820 ROLLING PASTURES PLACE - 22512296 Project Type: Trail Easement Vacation ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 1. Approval is for the vacation of a 157.45 foot section of an existing trail easement upon completion of all conditions. The section is located entirely on the property at 5820 Rolling Pastures Place. 2. The property owner shall be responsible for working with a Title Officer to process the paperwork necessary for the County Recorder to remove the easement from their property title. 3. A recorded copy of the easement vacation shall be submitted to the Engineering Services Department. 4. The trail along the westerly side yard of the properties shall be graded and maintained in accordance with the approved plans for Minor Design Review DRC2013-00964 and shall be in usable condition per the Trails Implementation Plan design standards for local trails. The grading shall occur prior to the recordation of the vacation. 5. All documents shall be reviewed by the Planning and Engineering Services Departments prior to submittal to the Title Company or County Recorders Office. Standard Conditions of Approval 6. The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees: for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition 7. The applicant shall be required to pay California Department of Fish and Wildlife Notice of Determination fee in the amount of $50.00. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community, Specific Plans and/or Master Plans in effect at the time of Building Permit issuance. 9. The site shall be developed and maintained in accordance with the approved plans on file in the Planning Department, the conditions contained herein, the Development Code regulations, and the Etiwanda Specific Plan. 10. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Planning Director, 11. Per Minor Design Review DRC2013-00964, a gate providing access to the local feeder trail from the rear yard shall be installed. Printed 10/26+2014 www CityofRC us P176 Project #: DRC2016-00780 Project Name: Morel Residence Location: 5820 ROLLING PASTURES PLACE - 22512296 Project Type: Trail Easement Vacation ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.- Planning ROJECT: Planning Department www atyolRc us Printed. 10/26/2016 www 2 of 2 P177 THE CITY OF RANCHO CUCAMONGA THE REGULAR MEETING MINUTES OF RANCHO CUCAMONGA THE HISTORIC PRESERVATION COMMISSION N-1 THE PLANNING COMMISSION NOVEMBER 9, 2016 - 7:00 PM Rancho Cucamonga Civic Center COUNCIL CHAMBERS 10500 Civic Center Drive Rancho Cucamonga, California 11 I. CALL TO ORDER 11 Pledge of Allegiance 7.00 PM Roll Call Chairman Oaxaca X Vice Chairman Macias X Munoz A Wimberly A Fletcher X Chairman Oaxaca welcomed back Commissioner Macias from medical leave. Additional Staff Present: John Gillison. City Manager, Elisa Cox. Deputy City Manager; Nettie Neilsen, Community Services Director; Daniel Schneider, CS Supt.; Christen Mitchell, Mgmt Analyst 11; Candyce Burnett, City Planner: Steven Flower, Assistant City Attorney; Tom Grahn, Associate Planner; Donald Granger, Senior Planner, Albert Espinoza, Asst. City Engineer; Dominick Perez, Associate Planner; Lois Schrader, Planning Commission Secretary; Mike Smith, Senior Planner; and Tabe van der Zwaag. Associate Planner. II. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Historic Preservation Commission or the Planning Commission on any item listed or not listed on the agenda. State law prohibits the Historic Preservation Commission or the Planning Commission from addressing any issue not previously included on the Agenda. The Historic Preservation Commission or the Planning Commission may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Historic Preservation Commission or Planning Commission, 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 EXHIBIT J P178 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO NOVEMBER 9, 2016 CUCAMONGA Page 2 might be disruptive to the decorum of the meeting. None III. CONSENT CALENDAR/HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION A. Consideration of minutes dated October 26, 2016 Moved by Fletcher, seconded by Oaxaca carried 3-0-2 (Munoz. Wimberly absent) to continue the approval of the consent calendar to the next meeting date. IV. PUBLIC HEARINGS/PLANNING COMMISSION The following items have been advertised and/orposted as public hearings as required bylaw. The Chairman will open the public hearing to receive testimony. All such opinions shall be limited to 5 minutes per individual for each project. Please sign in after speaking. B. ENVIRONMENTAL ASSESSMENT AND DESIGN REVIEW DRC2016-00295 — INFINITY DESIGN UA — A request for site plan and architectural review of a 108 -room, 5 -story hotel to replace an existing Carrows restaurant on 1.41 acres of land located on the south side of Foothill Boulevard and east of Mayten Avenue in the Industrial Park (IP) District at 11669 Foothill Boulevard - APN: 0229-012-48. Related File: Minor Exception DRC2016-00296. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. C. ENVIRONMENTAL ASSESSMENT AND MINOR EXCEPTION DRC2016-00296 — INFINITY DESIGN UA — A request to reduce the required on-site parking of a proposed 108 -room, 5 - story hotel to replace an existing Carrows restaurant on 1.41 acres of land located on the south side of Foothill Boulevard and east of Mayten Avenue in the Industrial Park (IP) District at 11669 Foothill Boulevard; APN: 0229-012-48; Related Case: Design Review DRC2016-00295. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Items B and C are related and were heard together. Tabe van der Zwaag, Associate Planner, gave the staff report and PowerPoint presentation (copy on file). Chairman Oaxaca opened the public hearing. P179 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO NOVEMBER 9, 2016 CUCAMONGA Page 3 Richard Dick stated his is the owner of the property to the south of the proposed project. He questioned the parking reduction. He said he intends to post his property with signs stating hotel guests are not allowed on the property. He asked how the reduction was determined. Chairman Oaxaca closed the public hearing. Chairman Oaxaca asked about the applicability of the CCR's with respect to the change of use from a restaurant to a hotel use Mr. Van der Zwaag said there will be no changes to the CCR's. Chairman Oaxaca confirmed that the CCR's are under the control of the property owner. The 2 spaces in question have been removed and CCR's have a reciprocal arrangement. Mr. Van der Zwaag said the 3 spaces at the end of the drive aisle are not shared in the parking agreement. Commissioner Fletcher asked what buildings are included in that agreement. Mr. Van der Zwaag noted on the map that Mr. Dick's property is in it and all the buildings to the west are included to Milliken Avenue. Carl Ballard of Coombs Associates said he did the parking study. He said they looked at our Code and 3 similar hotels which they evaluation 3:00 a.m. and 3:00 p.m. and Wednesday, Friday, Saturday, and Sunday. He said they noted the usage at 3:00 a.m. is higher than 3:00 p.m. He said this project provides well above what is needed and no off- site parking is needed. Commissioner Fletcher said the design will be an interesting addition to Foothill Boulevard and he is ok with the parking reduction as long as the neighbors post the parking. Vice Chairman Macias said he likes the design, and he is ok with the parking reduction. Chairman Oaxaca said he agreed and noted the shuttle service should resolve and parking issues. Moved by Macias, seconded by Fletcher, carried 3-0-2 (Munoz, Wimberly absent) to adopt the Resolutions of Approval for Design Review DRC2016-00295 and Minor Exception DRC2016-00296 with conditions as presented D. ENVIRONMENTAL ASSESSMENT AND DESIGN REVIEW DRC2016-00170 — CITY OF :1 9 . HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO NOVEMBER 9, 2016 CUCAMONGA Page 4 RANCHO CUCAMONGA — A request for site plan and architectural review of a 34,944 square foot gymnasium along with 20,536 square feet of outdoor covered basketball courts on 4.63 acres of land (total parcel area is 9.5 acres) located on the east side of Rochester Avenue in the Industrial Park (IP) and General Industrial (GI) Districts - APN: 0229-021-41 and 44. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Tabe van der Zwaag, Associate Planner, gave the staff report and PowerPoint presentation (copy on file). He noted for the record a change in the parcel number and that the change would be reflected in the resolution. Victoria Jones and Janet Ryerson, Park and Recreation Commissioners, were welcomed and recognized. Chairman Oaxaca asked if the City's team had any comment. Nettie Neilsen, community Services Director said Staff covered it well. She said the facility will replace the gym for the current sports center which has been in use for 19 years. Chairman Oaxaca said this is an opportunity to offer more to the community than the other site. Ms. Neilsen said the gym currently used is located in an old retail center and the lease is up. She said the courts are not regulation size and there are roof problems. She said the new facility is regulation, and has a better area for staff and the concession area. She said the old center has no outdoor space and the new provides extra room for circulation and security. She said the new facility could also serve as an evacuation center if needed. Commissioner Fletcher said it is attractive, offers benefits, and will be used by many. He said it will be well received by the community. Vice Chairman Macias said he was at the DRC and he is excited about the novel design and amenities. Chairman Oaxaca agreed the old center did its part and the new facility is exciting and also meets our high standards with amenities. He thanked staff for their hard work and participation in the project. Moved by Macias, seconded by Fletcher, carried 3-0-2 (Munoz, Wimberly absent) to adopt the Resolution of Approval for Design Review DRC2016-00170 with conditions with a correction to the APN number as noted by staff. E. DESIGN REVIEW MODIFICATION DRC2016-00345 - BIANE FAMILY PROPERTIES - A request to revise the conditions of approval for DRC2007-00951 (Planning Commission P181 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO NOVEMBER 9, 2016 CUCAMONGA Page 5 Resolution No.14-08) for the Biane Winery, a complex comprised of fifteen (15) buildings/structures and three (3) single-family residences located on two (2) parcels with a combined area of 10.41 acres in the General Industrial (GI) District located on the south side of 8th Street, between Hermosa and Archibald Avenues; APN: 0209-201-19. On January 22, 2014, the Planning Commission adopted a Mitigated Negative Declaration of environmental impacts for DRC2007-00951. The California Environmental Quality Act provides that no further environmental review or Negative Declaration is required for subsequent projects or minor revisions to projects within the scope of a previous Negative Declaration. Tom Grahn, Associate Planner, gave the staff report and PowerPoint presentation (copy on file). Commissioner Fletcher suggested staff supply additional photographs and then asked for clarification of what a HABS Level 3 analysis includes. Mr. Grahn said the HABS 3 provides detailed photos, measurements of the buildings and the site, it documents the significance of the property and the conditions of the buildings and site including a full photo history. Jary Cockroft said he is representing the Biane Family Properties. He said he appreciates Mr. Grahn's and Ms. Burnett's assistance. He said he went back to LSA who did the original resource and impact study and reviewed the significance of these houses. They found them architecturally insignificant. He said the buildings have updated interiors and the exterior construction/design is very common for that time period. He said they accept the conditions of approval as written. He said they are not opposing the removal of the sidewalk as required in the conditions but they would like to work with staff to come up with a solution with respect to the sidewalk. Chairman Oaxaca opened the public hearing and seeing and hearing no comment, closed the public hearing. Commissioner Fletcher said he is ok with the report and application and has no concerns. He moved to approve the application. Vice Chairman Macias said staff and the applicant did a good job looking at alternatives. He agreed the loss of those houses does not impact the overall significance of the winery complex. Chairman Oaxaca agreed. He asked staff if there is flexibility regarding the condition re: the curb and gutter removal. Albert Espinoza, Assistant City Engineer, said he would work with the applicant to determine M HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO NOVEMBER 9, 2016 C;UCAMONGA Page 6 if flexibility is possible on this issue. Moved by Macias, seconded by Fletcher, carried 3-0-2 (Munoz, Wimberly absent) to adopt the Resolution of Approval for Design Review Modification DRC2016-00345 as presented F. TIME EXTENSION DRC2016-00519 - TIM HARRISON - A request to allow for a one (1) year time extension of a previously approved 2 -lot Tentative Parcel Map (SUBTPM17663) on 0.396 acres in the Low (L) Residential District, on the west side of Archibald Avenue, south of Tryon Street, located at 7912 Archibald Avenue; APN: 0208-131-84. This project is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines as a Class 15 (CEQA Guidelines Section 15315) exemption, which covers minor land divisions of four or fewer parcels. Tom Grahn, Associate Planner, gave the staff report and PowerPoint presentation (copy on file). Tim Harrison, the property owner, said the new arrangement provides a cul-de-sac and safer conditions for kids walking to school. He said Staff was very helpful and patient. Mr. Harrison said after approval he will do the improvements on Archibald first and then develop the lot with a single-family home and granny quarters later. Chairman Oaxaca opened the public hearing, and hearing and seeing no further comment, Chairman Oaxaca closed the public hearing. Moved by Fletcher, seconded by Macias, carried 3-0-2 (Munoz, Wimberly absent) to adopt the Resolution of Approval for Time Extension DRC2016-00519 as presented. G. TRAIL EASEMENT VACATION DRC2016-00780 — DANNY MOREL - A request to vacate a portion of an existing equestrian easement located along the southern edge of the property within the Estate Residential (ER) District of the Etiwanda Specific Plan and within the Equestrian Overlay District at 5820 Rolling Pastures — APN: 0225-122-96. Related File: DRC2013-00964. This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15305 (Class 5 Exemption — Minor Alterations in Land Use Limitations). This item will be forwarded to the City Council for final action. Dominick Perez, Associate Planner, gave the staff report and PowerPoint presentation (copy on file). He said they are working with the Fire District to obtain a notarized consent. He confirmed that the parcels to the east received approval for their fence in 2006. Commissioner Fletcher asked how the City made a mistake when block wall request is submitted and the construction is followed by an inspector. Mr. Perez replied that unfortunately the Building and Safety persons involved are no longer P183 0 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCH GA NOVEMBER 9, 2016 C Page 7 here. He speculated the house to the east was not there at the time and the Fire District may have been under construction. The Inspector may have reviewed the wall for structural soundness but not for exact location. He said it was inappropriately placed on the property line. Danny Morel stated he is the applicant and property owner. He said his home is complete and ready to move in, all the block walls are built and they are just waiting on this final piece. He said all the neighbors are in favor of the proposal. Chairman Oaxaca opened the public hearing. Larry Henderson representing Alta Loma Riding Club said their Board of Directors took action to oppose the application as it is bad precedence to decide this based upon a City mistake. He said they are sympathetic to the applicant but throughout the equestrian overlay there is the intent to protect feeder trails. He said to allow one neighbor to illegally build across an easement and expect the others to bend is bad planning. He said the City adopted the Trails plan in 1987 -and this is a real concern for the riding club. He said staff is taking a cavalier attitude to the Equestrian Overlay — and piecemeal tearing up of those documents. He said they intend to oppose the application at the Council meeting as well. Chairman Oaxaca closed the public hearing. Vice Chairman Macias said this is unfortunate and Mr. Henderson is right. He said staff needs to recognize the importance in the future but sometimes we need flexibility. He said he supports staffs recommendation. Commissioner Fletcher agreed with all the comments including those of Mr. Henderson. He said staff needs to protect our plans without making a lot of amendments. Equestrian lots are a benefit to the City. He said that at the Trails meeting he said he did not want to penalize the current property owner. He said in this case it does not really affect the trail circulation and he would support it. Mistakes were made by the City and he did not want to penalize the property owner. Chairman Oaxaca said he also was at TAC and his conclusion was the same. The applicant is doing his best to abide by the requirements and we do not want to penalize him for something that occurred long ago. Moved by Fletcher, seconded by Macias, carried 3-0-2 (Munoz, Wimberly absent) to adopt the Resolution recommending approval by the City Council. V. COMMISSION BUSINESS/HISTORIC PRESERVATION AND PLANNING COMMISSION • jd L� HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO NOVEMBER 9CUCAMONGA H. INTER -AGENCY UPDATES None COMMISSION ANNOUNCEMENTS None , 2016 Page 8 11 VY. ADJOURNMENT 1, Lois J. Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on November 3, 2016, at least 72 hours prior to the meeting per Government Code Section 54964.2 at 10500 Civic Center Drive, Rancho Cucamonga. If you need special assistance or accommodations to participate in this meeting, please contact the Planning Department at (909) 477-2750. 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. INFORMATION FOR THE PUBLIC TO ADDRESS THE PLANNING COMMISSION The Planning Commission encourages 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 Planning Commission on any agenda item. To address the Planning Commission, please come forward to the podium located at the center of the staff table. State your name for the record and speak into the microphone. After speaking, please sign in on the clipboard located next to the speaker's podium. It is important to list your name, address and the agenda item letter your comments refer to. Comments are generally limited to 5 minutes per individual. If you wish to speak concerning an item not on the agenda, you may do so under "Public Comments." There is opportunity to speak under this section prior to the end of the agenda. Any handouts for the Planning Commission should be given to the Planning Commission Secretary for P185 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES C RANCHO A NOVEMBER 9, 2016 Page 9 distribution to the Commissioners. A copy of any such materials should also be provided to the Secretary to be used for the official public record. All requests for items to be placed on a Planning Commission agenda must be in writing. Requests for scheduling agenda items will be at the discretion of the Commission and the Planning Director. AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are on file in the offices of the Planning Department, City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. These documents are available for public inspections during regular business hours, Monday through Thursday, 7:00 a.m. to 6:00 p.m., except for legal City holidays. APPEALS Any interested party who disagrees with the City Planning Commission decision may appeal the Commission's decision to the City Council within 10 calendar days. Any appeal filed must be directed to the City Clerk's Office and must be accompanied by a fee of $2,662 for all decisions of the Commission. (Fees are established and governed by the City Council). Please turn off all cellular phones and pagers while the meeting is in session. Copies of the Planning Commission agendas, staff reports and minutes can be found at www.CityofRC.us. :: RESOLUTION NO. 16-207 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRAIL EASEMENT VACATION DRC2016-00780, A REQUEST TO VACATE A PORTION OF AN EXISTING EQUESTRIAN EASEMENT LOCATED ALONG THE SOUTHERN EDGE OF THE PROPERTY (PARCEL 4 OF PARCEL MAP 15802) WITHIN THE ESTATE RESIDENTIAL (ER) DISTRICT OF THE ETIWANDA SPECIFIC PLAN AND WITHIN THE EQUESTRIAN OVERLAY DISTRICT AT 5820 ROLLING PASTURES; AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 0225-122-96. A. Recitals. 1. Danny Morel filed an application for the approval of Trail Easement Vacation DRC2016- 00780, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Trail Easement Vacation request is referred to as "the application." 2. On the 12th day of October 2016, the Trails Advisory Committee conducted a meeting on the application and gave a recommendation of approval to the Planning Commission. 3. On the 9th day of November 2016, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application and issued Resolution No. 16- 59, recommending the City Council approve the above listed application. 4. On the 15th day of December 2016, the City Council of the City of Rancho Cucamonga conducted a noticed public hearing on the application and concluded said hearing on that date. 5. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the 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. Based upon the substantial evidence presented to this Council during the above - referenced meeting on December 15, 2016, including written and oral staff reports, this Council hereby specifically finds as follows: a. The application applies to property located at 5820 Rolling Pastures —APN: 0225- 122-96; and b. The property to the north and east of the subject site contains single-family residences and Rancho Cucamonga Fire Station #176; the property to the south and west of the subject site is currently vacant, undeveloped land. The zoning of the property to the north is Very Low Residential (L) District, whereas the zoning of the subject property and the property located RESOLUTION NO. 16-207 — 1 of 3 P187 east, south and west are Estate Residential (ER) District, both of which are within the Etiwanda Specific Plan; and C. On April 24, 2002, the Planning Commission approved Tentative Parcel Map 15802 for a proposal to subdivide a parcel of 4.24 acres into four (4) lots. The four lots are located west of, and adjacent to, East Avenue, approximately 1,500 feet north of Banyan Street. Since the subdivision is located within the Equestrian Overlay District, a 15 -foot wide local feeder trail easement was recorded on the map to provide access for equestrian purposes to the rear of each residential lot. Lot 4 is the subject of this request to "vacate," i.e., delete, a portion of the trail easement; and d. On November 24, 2014, the Planning Director approved a Minor Design Review (DRC2013-00964) for the development of a 4,943 square foot single-family home on the project site. The house is currently under construction and is nearing completion, of which the remaining improvements include the installation of the perimeter wall and equestrian improvements along the south property line; and e. The applicant/property owner, Danny Morel, is requesting to vacate the equestrian trail easement along the south boundary of the subject property (Lot 4 of Parcel Map 15802) in order to utilize the southernmost portion of the property. Currently, a 15 -foot wide equestrian trail is required to be constructed within the equestrian easement. This request involves a vacation of a segment of the easement that is 157.45 feet in length along the south boundary of Lot 4 of Parcel Map 15802; and f. The previous owner of the adjacent property to the east (Lot 3 — Parcel Map 15802) obtained a building permit in 2006 to install a block wall along the side yard and rear yard property lines. Although the approved site plan for the block wall indicated the wall was to be built outside of the local feeder trail equestrian easement at the rear of the site, the wall was constructed around the trail and was unintentionally issued a final inspection approval. Because of this, trail access through Lot 3 from the properties to the west and east was ultimately blocked; and g. Although the proposal is not consistent with Section 17.122.010 (K)(1)(e) of the Development Code that sets a standard for providing an internal loop trail system of local feeder trails within subdivisions, the vacation proposal has been designed to maintain connectivity with the local feeder trail throughout the residential tract to the north and would allow for future local feeder trail connectivity through the properties to the south and west if and when they are proposed to be developed; and h. Per Chapter 5 of the General Plan (Community Services) and Section 17.70.040 of the Development Code, local feeder trail easements for equestrian purposes are to provide access to the rear of all lots. Access to the rear of the subject property will continue to be provided. Furthermore, the request would not interfere with potential equestrian trail access for Lot 3 as this proposal does not involve the removal of the equestrian trail easement on any other lot within Tract 15802; and The applicant has obtained signatures from all other property owners within Parcel Map 15082; and j. On October 12, 2016, this project was brought before the Trails Advisory Committee (Oaxaca, Fletcher, Tisler, Douglass, and Jones) for review and recommendation. Following comments from the public, which included opposition to the project from Larry Henderson representing the Alta Loma Riding Club, the Committee concluded their discussion of the project and unanimously voted to recommend approval to the Planning Commission/City Council of the proposal to vacate the easement; and RESOLUTION NO. 16-207 — Page 2 of 3 k. On November 9, 2016, this project was brought before the Planning Commission (Oaxaca, Macias and Fletcher) for review and recommendation. Following comments from the public, which included opposition to the project from Larry Henderson representing the Alta Loma Riding Club, the Commission concluded their discussion of the project and unanimously voted to recommend approval to the Planning Commission/City Council of the proposal to vacate the easement; and I. This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, Larry Henderson representing the Alta Loma Riding Club was notified, and notices were mailed to all property owners within a 660 -foot radius of the project site. 3. Based upon the substantial evidence presented to this Council during the above - referenced hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. The proposed project is consistent with the objectives of the General Plan, which states that the intent of local feeder trails is to provide access from the rear of every lot, wherever feasible, to a community or regional multi-purpose trail. The proposed vacation will allow access to be maintained to various surrounding community trails through the existing adjacent trail system; and b. The proposed trail easement vacation is in accord with the objectives of the Development Code and the purposes of the district in which the site is located. Although the proposal is inconsistent with Section 17.122.010 (K)(1)(e) of the Development Code that sets a standard for providing an internal loop trail system of local feeder trails within subdivisions, the vacation proposal removes only portion of a trail easement along the south boundary of Parcel 4 of Parcel Map 15802. The remaining trail easements would maintain connectivity with the local feeder trail throughout the residential tract to the north and would allow for future local feeder trail connectivity through the properties to the south and west if and when they are proposed to be developed; and C. The proposed use is in compliance with each of the applicable provisions of the Development Code. The property permits equestrian purposes and the remaining portion of the trail that is not vacated will provide access to the rear of the subject property; and d. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. The future residential uses on the subject property are consistent with existing residential uses within the vicinity and are not expected to create any negative impacts. 4. The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 5 exemption under State CEQA Guidelines Section 15305 (Minor Alterations in Land Use Limitations) because this project meets all the criteria described in the section and there is no substantial evidence that the project (trail vacation) may have a significant effect on the environment. The City Council has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staffs determination of exemption. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, the City Council hereby approves the application for trail easement vacation subject to each and every condition set forth in the attached Conditions of Approval, and shown as AttachmentA hereto and incorporated herein by this reference. 6. The City Clerk shall certify to the adoption of this Resolution. RESOLUTION NO. 16-207 — Page 3 of 3 Conditions of Approval Ct C�\ti\ION G1 Community Development Department Project #: DRC2016-00780 Project Name: Morel Residence Location: 5820 ROLLING PASTURES PLACE - 22512296 Project Type: Trail Easement Vacation ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 1. Approval is for the vacation of a 157.45 foot section of an existing trail easement upon completion of all conditions. The section is located entirely on the property at 5820 Rolling Pastures Place, 2. The property owner shall be responsible for working with a Title Officer to process the paperwork necessary for the County Recorder to remove the easement from their property title. 3. A recorded copy of the easement vacation shall be submitted to the Engineering Services Department. 4. The trail along the westerly side yard of the properties shall be graded and maintained in accordance with the approved plans for Minor Design Review DRC2013-00964 and shall be in usable condition per the Trails Implementation Plan design standards for local trails. The grading shall occur prior to the recordation of the vacation. 5. All documents shall be reviewed by the Planning and Engineering Services Departments prior to submittal to the Title Company or County Recorder's Office, Standard Conditions of Approval 6. The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition 7. The applicant shall be required to pay California Department of Fish and Wildlife Notice of Determination fee in the amount of $50.00. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community, Specific Plans and/or Master Plans in effect at the time of Building Permit issuance. 9. The site shall be developed and maintained in accordance with the approved plans on file in the Planning Department, the conditions contained herein, the Development Code regulations, and the Etiwanda Specific Plan. 10. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Planning Director. 11. Per Minor Design Review DRC2013-00964, a gate providing access to the local feeder trail from the rear yard shall be installed. www CilyofRC us Punted 10!26.2018 I I Z I I C:3 „ I C I > �I Co w o Qi w CD C I Cn z I X w I 15' N89'25'08"E 418.35' CURVE 1 DELTA A=38'1548" RADIUS R=45.00' LENGTH L=30.05' LINE BEARING DISTANCE F-1-1 S00'14'08"W 15.00' [ S45'10'21 "E 14.04' ALL BEARINGS AND DISTANCES SHOWN HEREON ARE RECORD OR CALCULATED DATA PER INST. NO. 2015-00426350.R. PARCEL "A" OF INST. NO. 2015-0042635 O.R. z w a- cwn a LO w z ixC `n o S89_25'08"W 147.23' 147.45' N89'25'08"E 172.45' PAGE 2 OF 2 Attachment A ui N89'25'08"E 250.39' ROLLING PASTUREkPLACEI Co d- N O N Lo M N O d - OO z - o m � WC:) U N Q O z cn Z O SE"L Y COR. PARCEL 'A' SCALE 1"= 40' P191 STAFF REPORT CITY CLERKS OFFICE Date: December 15, 2016 To: Mayor and Members of the City Council John R. Gillison, City Manager From: Linda A. Troyan, MMC, City Clerk Services Director Subject: CONSIDERATION OF BIENNIAL REVIEW OF CONFLICT OF INTEREST CODE AND ADOPTION OF RESOLUTION APPROVING AN AMENDED CONFLICT OF INTEREST CODE, APPENDIX I, TO ACCOUNT FOR THE ADDITION, DELETION, AND MODIFICATION OF POSITIONS LISTED AS "DESIGNATED EMPLOYEES" (C/Tr RECOMMENDATION It is recommended that the City Council adopt a Resolution approving an amended Conflict of Interest Code, Appendix I, to account for the addition, deletion, and modification of positions listed as "designated employees". BACKGROUND Under the Political Reform Act, all public agencies are required to adopt a Conflict of Interest Code that identifies all officials and employees within the agency who make governmental decisions or participate in making decisions based on the positions they hold. The individuals in the designed positions must disclose their financial interests in investments, interests in real property, sources of income and business positions that may affect in their decision-making on a form called Statement of Economic Interests (Form 700). Typically, positions that involve voting on matters, negotiating contracts, or making recommendations on purchases without substantive review must be included in the code. The revised list of designated employees exclude Council Members, Planning Commissioners, the City Manager, the City Treasurer and the City Attorney. These positions are not listed in the code because they are already required by state law (Government Code Section 87200) to disclose their financial interest. The Three Components of a Conflict of Interest Code are: EXHIBIT "A" — INCORPORATION SECTION (TERMS OF THE CODE) This section designates where the Form 700s are filed and retained (i.e., the agency or the FPPC). This section also must reference Regulation 18730, which provides the rules for disqualification procedures, reporting financial interests, and references the current gift limit. The FPPC periodically amends the regulation to include legislative and regulatory P192 PAG1, 2 changes that affect the code's main body; by referencing the regulation, the body of an agency's code stays automatically in compliance with the Political Reform Act. APPENDIX "I" — LIST OF DESIGNATED POSITIONS The code must list all agency positions that involve the making or participation in making of decisions that "may foreseeably have a material effect on any financial interest." This covers agency members, officers and employees, and it may include volunteers on a committee if the members make or participate in making government decisions. APPENDIX "II" — DETAILED DISCLOSURE CATEGORIES A disclosure category is a description of the types of financial interests officials in one or more job classifications must disclose on their Form 700s. The categories must be tailored to the financial interests affected, and must not require public officials to disclose private financial information that does not relate to their public employment. ANALYSIS To ensure the code remains current and accurate, cities are required to review their Conflict of Interest Code in even -numbered years. The City of Rancho Cucamonga previously adopted Regulation 18730 (referred to as the model or standard code by the Fair Political Practices Commission) by reference and, as such, the terms of the code (Exhibit A to the Resolution) is up to date. It is essential and legally required that an agency's Conflict of Interest Code reflect the current structure of the agency and properly identifies all officials and employees who should be filing a Statement of Economic Interests, Form 700. Due to various changes in job classifications titles, job responsibilities and the deletion and addition of various positions in several departments it is necessary to amend the code to reflect these revisions in the list of designated positions, (Appendix 1). No changes are needed to the Detailed Disclosure Categories, (Appendix II). Attachments: City Council Resolution No. 16-208 Exhibit "A" — Terms of the Code Appendix "I" — List of Designated Positions Appendix "II" — Detailed Disclosure Categories P193 RESOLUTION NO. 16-208 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING, AFFIRMING, AND INCORPORATING BY REFERENCE THE STANDARD CONFLICT OF INTEREST PROVISIONS OF CALIFORNIA CODE OF REGULATIONS TITLE 2, SECTION 18730 AND ADOPTING AMENDED AND UPDATED APPENDICES TO THE CONFLICT OF INTEREST CODE OF THE CITY OF RANCHO CUCAMONGA WHEREAS, pursuant to the requirements of the California Political Reform Act (the "Act"), Section 81000 of the California Government Code, all local governmental agencies must adopt Conflict of Interest Codes applicable to every officer, employee, member or consultant of the agency whose position entails the making or participating in the making of decisions that may foreseeably have a material financial effect on any financial interest, and which code requires such designated employees to disclose and disqualify themselves from making, participating in, or attempting to influence such decisions; and WHEREAS, the City has previously adopted the terms of California Code of Regulations Title 2, Section 18730, the Conflict of Interest Code terms promulgated by the Fair Political Practices Commission ("FPPC") by City of Rancho Cucamonga Resolution No. 14-222; and WHEREAS, the City Council of the City of Rancho Cucamonga, as the Code Reviewing body under the Act, adopts, affirms and incorporates by reference the standard Conflict of Interest Code set forth in California Code of Regulations Title 2, Section 18730 and any amendments to it duly adopted by the FPPC; and WHEREAS, the standard Conflict of Interest Code set forth in California Code of Regulations Title 2, Section 18730 and any amendments to it duly adopted by the FPPC, along with Appendix "I", amending the list of designated officials and including establishment of certain positions, and Appendix "II" setting forth amended disclosure categories, does constitute the Conflict of Interest Code of the City of Rancho Cucamonga; and WHEREAS, subsequent changed circumstances within the City have made it advisable and necessary pursuant to Section 87306 and 87307 of the Act to amend and update the City's Conflict of Interest Code; and WHEREAS, notice of the time and place of a public meeting on, and consideration by the City Council of, the proposed amended Conflict of Interest Code was provided to each designated position and publicly posted for review on the City website; and WHEREAS, a public meeting was held upon the proposed amended Conflict of Interest Code at a special meeting of the City Council on December 15, 2016, at which all present were given an opportunity to be heard on the proposed amended Conflict of Interest Code; NOW, THEREFORE, be it resolved the City Council of the City of Rancho Cucamonga, California, hereby resolves: P194 1. The standard Conflict of Interest Code set forth in California Code of Regulations Title 2, Section 18730 and any amendments to it duly adopted by the FPPC is hereby incorporated by reference. 2. The amended list of designated positions subject to the requirements of the Conflict of Interest Code are set forth in Appendix I and the disclosure categories are set forth in Appendix 11. 3. The standard Conflict of Interest Code set forth in California Code of Regulations Title 2, Section 18730 and any amendments to it duly adopted by the FPPC and the Appendices I and II constitute the Conflict of Interest Code for the City of Rancho Cucamonga. 4. The City Council of the City of Rancho Cucamonga does hereby adopt the attached Conflict of Interest Code (Exhibit A) and it's amended Appendix I. P195 EXHIBIT "A" CITY OF RANCHO CUCAMONGA CONFLICT OF INTEREST CODE The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a Regulation (California Code of Regulations, Title 2, Section 18730) that contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency's code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of California Code of Regulations, Title 2, Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendices, designating positions and establishing disclosure categories, shall constitute the Conflict of Interest Code of the City of Rancho Cucamonga. Individuals holding designated positions shall file their statements of economic interests with the City Clerk of the City of Rancho Cucamonga, which will make the statements available for public inspection and reproduction (Gov. Code Sec. 81008). All statements will be retained by the City Clerk. .., APPENDIX "I" DESIGNATED POSITIONS Disclosure Designated Position Categories Accounting Manager 2, 5, 11, 12 Animal Care and Services Director 2, 3, 4, 5 - delete position 2, 3, 4, 5 Animal Center Manager - new position 2, 3, 4, 5 Assistant City Engineer 2, 5, 6, 7 Assistant City Manager 2, 3, 4, 5 Assistant Library Director 2, 5, 15, 16 Assistant Planner 2, 5, 6, 7 Assistant to the City Manager 2, 3, 4, 5 Associate Planner 2, 5, 6, 7 Building and Safety Services Director 2, 5, 6, 7 Building and Safety Manager 2, 5, 6, 7 Building Inspection Supervisor 2, 5, 6, 7 City Attorney 1 City Clerk Services Director 2, 3, 4, 5 City Council Member 1 City Manager 1 City Planner - new position 2, 5, 6, 7 City Treasurer 1 CIO/Director of Department of Innovation and Technology - new position 2, 5, 13, 14 Communications Manager 2, 5, 8, 9 Community Improvement Manager 2, 5, 6, 7 Community Improvement Supervisor 2, 5, 6, 7 Fund Development Coordinator- new position 2, 5, 8, 9, 15, 16 Community Services Director 2, 5, 8, 9 Community Services Manager 2, 5, 8, 9 Community Services Superintendent 2, 5, 8, 9 Consultant: Special Counsel 10 Cultural Arts Manager 2, 5, 8, 9 Deputy City Manager/Administrative Services 2, 3, 4, 5 Deputy City Manager/Civic & Cultural Services - new position 2, 3, 4, 5 Deputy City Manager/Economic & Community Development Services 2, 3, 4, 5 Deputy Director of Department of Innovation and Technology - new position 2, 3, 4, 5 Engineering Services Director/City Engineer 2, 5, 6, 7 Public Works Services Director 2, 5, 17, 18 Environmental Program Manager 2, 5, 6, 7 Facilities Superintendent 2, 5, 17, 18 Finance Director 2, 5, 11, 12 Finance Manager - new position 2, 5, 11, 12 -delete position 2, 5, 13, 14 GIS Supervisor- new position 2, 5, 13, 14 Historic Preservation Commissioner 2, 5, 6, 7 Human Resources Director 2, 5, 13, 14 P197 APPENDIX "I" CONTINUED DESIGNATED POSITIONS Designated Position Disclosure Categories Human Resources Manager 2, 5, 13, 14 -delete position 2, 5, 13, 14 - delete position 2, 5, 13, 14 Library Board of Trustees Member 2, 5, 15, 16 Library Director 2, 5, 15, 16 Library Services Manager 2, 5, 15, 16 Management Analyst III, nn.,RagemeRt ARalyst iii AdMinistratSeFVioes 2, 3, 4, 5, 13,14 2, 5, 13,14 ye Park and Recreation Commissioner 2, 5, 8,9 Parks/Landscape Maintenance Superintendent 2, 5, 17,18 Planning Commissioner 1 Planning Director 2, 5, 6,7 Planning Manager 2, 5, 6, 7 Principal Engineer 2, 5, 6,7 Principal Librarian 2, 5, 15, 16 Principal Management Analyst 2, 3, 4, 5 Principal Planner 2, 5, 6,7 Procurement and Contracts Analyst - new position 2, 5, 13,14 Procurement Manager- new position 2, 5, 13,14 - delete position 2, 5, 13,14 Risk Management Coordinator 2, 5, 13,14 Senior Information Services Analyst- new position 2, 5, 13, 14 - delete position 2, 5, 13,14 Senior Civil Engineer 2, 5, 6, 7 Senior Park Planner - Community Services Department 2, 5, 8, 9 Senior Planner 2, 5, 6, 7 Senior Risk Management Analyst - new position 2, 5, 13, 14 Street/Storm Drain Maintenance Superintendent 2, 5, 17,18 Traffic Engineer 2, 5, 6, 7 Utility Division Manager 2, 5, 6, 7 Utility Operations Manager- new position 2, 5, 6, 7 APPENDIX "II" DISCLOSURE CATEGORIES Disclosure is required on FPPC Form 700 pursuant to Government Code Section 87200. No additional disclosure is required by this Conflict of Interest Code. 2. Reportable interest in Real Property in the jurisdiction. (FPPC Form 700, Schedule B). 3. Reportable Income, Loans and Business Positions (income other than gifts and travel payments). (FPPC Form 700, Schedule C). 4. Reportable Investments. (FPPC Form 700, Schedule A-1 and A2). 5. Reportable Income — Gifts — Travel Payments. (FPPC Form 700, Schedule E). 6. Reportable income, loans and business positions from persons and business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services within the jurisdiction subject to the inspection, review or approval of the Planning, Building & Safety, and Engineering Departments. (FPPC Form 700, Schedule C). 7. Reportable investments in any business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services within the jurisdiction subject to the inspection, approval or review of the Planning, Building & Safety, and Engineering Departments. (FPPC From 700, Schedules A- 1 and A-2). 8. Reportable income, loans and business positions from persons and business entities from which the City purchases, plans to purchase, or has purchased within two years prior to the time a statement is required under this conflict of interest code, supplies, materials, or services subject to the direction, supervision or control of the Community Services Department. (FPPC Form 700, Schedule C). 9 Reportable investments in business entities from which the City purchases, plans to purchase, or has purchased within two years prior to the time a statement is required under this conflict of interest code, supplies, materials, or services subject to the direction, supervision or control of the Community Services Department (FPPC Form 700, Schedules A-1 and A-2). P199 10. For consultants who service in a staff capacity with the City, the consultant shall disclose based on the disclosure categories assigned elsewhere in this code for that staff position. For consultants who do not serve in a staff capacity, the following disclosure categories shall be used. Persons required to disclose in this category shall disclose pursuant to categories A, B, C and D below unless the Department Director determines in writing that a particular consultant is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in categories A, B, C and D. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Department Director's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. A. Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule B) B. Reportable income, loans and business positions. (FPPC Form 700, Schedule C) C. Reportable investments. (FPPC Form 700, Schedules A-1 and A- 2) D. Reportable Income - gifts and travel payments. (FPPC Form 700, Schedules D and E) 11. Reportable income, loans and business positions from any financial institution in which the City deposits funds, plans to deposit funds, or has deposited funds within two years prior to the time any statement is required under this conflict of interest code. (FPPC Form 700, Schedule C) 12. Reportable investments in any financial institution in which the City deposits funds, plans to deposit funds, or has deposited funds within two years prior to the time any statement is required under this conflict of interest code (FPPC Form 700, Schedules A-1 and A-2) 13. Reportable income, loans and business positions from persons and business entities from which the City purchases, plans to purchase, or has purchased within two years prior to the time a statement is required under this conflict of interest code, supplies, materials, or services subject to the direction, supervision or control of the Administrative Services Group of departments. (FPPC Form 700, Schedule C) 14. Reportable investments in business entities from which the City purchases, plans to purchase, or has purchased within two years prior to the time a statement is required under this conflict of interest code, supplies, materials, or services subject to the direction, supervision or control of the Administrative Services Group of departments. (FPPC Form 700, Schedules A-1 and A-2) P200 15. Reportable income, loans and business positions from persons and business entities from which the Library purchases, plans to purchase, or has purchased within two years prior to the time a statement is required under this conflict of interest code, supplies, materials, or services subject to the direction, supervision or control of the Library. (FPPC Form 700, Schedule C) 16. Reportable investments in business entities from which the Library purchases, plans to purchase, or has purchases within two years prior to the time a statement is required under this conflict of interest code, supplies, materials, or services subject to the direction, supervision or control of the Library. (FPPC Form 700, Schedules A-1 and A-2) 17. Reportable income, loans and business positions from persons and business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services within the jurisdiction subject to the inspection, review or approval of the Public Works Services Department. (FPPC Form 700, Schedule C) 18. Reportable investments in any business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services within the jurisdiction subject to the inspection, approval or review of the Public Works Services Department. (FPPC Form 700, Schedules A-1 and A-2) P201 STAFF REPORT CITE' CLERK'S OFFICE RANCHO Date: December 15, 2016 CUCAMONGA To: President Michael and Members of the Board of Directors John R. Gillison, City Manager From: Linda A. Troyan, MMC, City Clerk Services Director Subject: CONSIDERATION OF BIENNIAL REVIEW OF CONFLICT OF INTEREST CODE AND ADOPTION OF RESOLUTION APPROVING AN AMENDED CONFLICT OF INTEREST CODE, APPENDIX II, TO UPDATE THE DISCLOSURE CATEGORIES (FIRE) RECOMMENDATION It is recommended that the Rancho Cucamonga Fire Protection District adopt a Resolution approving an amended Conflict of Interest Code, Appendix II, to update the disclosure categories listing. BACKGROUND Under the Political Reform Act, all public agencies are required to adopt a Conflict of Interest Code that identifies all officials and employees within the agency who make governmental decisions or participate in making decisions based on the positions they hold. The individuals in the designed positions must disclose their financial interests in investments, interests in real property, sources of income and business positions that may affect in their decision-making on a form called Statement of Economic Interests (Form 700). Typically, positions that involve voting on matters, negotiating contracts, or making recommendations on purchases without substantive review must be included in the code. The revised list of designated employees exclude Council Members, Planning Commissioners, the City Manager, the City Treasurer and the City Attorney. These positions are not listed in the code because they are already required by state law (Government Code Section 87200) to disclose their financial interest. The Three Components of a Conflict of Interest Code are: EXHIBIT "A" — INCORPORATION SECTION (TERMS OF THE CODE) This section designates where the Form 700s are filed and retained (i.e., the agency or the FPPC). This section also must reference Regulation 18730, which provides the rules for disqualification procedures, reporting financial interests, and references the current gift limit. The FPPC periodically amends the regulation to include legislative and regulatory changes that affect the code's main body; by referencing the regulation, the body of an agency's code stays automatically in compliance with the Political Reform Act. P202 PAGE -'2 APPENDIX "I" — LIST OF DESIGNATED POSITIONS The code must list all agency positions that involve the making or participation in making of decisions that "may foreseeably have a material effect on any financial interest." This covers agency members, officers and employees, and it may include volunteers on a committee if the members make or participate in making government decisions. APPENDIX "II" — DETAILED DISCLOSURE CATEGORIES A disclosure category is a description of the types of financial interests officials in one or more job classifications must disclose on their Form 700s. The categories must be tailored to the financial interests affected, and must not require public officials to disclose private financial information that does not relate to their public employment. F-11 , 11 WM K To ensure the code remains current and accurate, agencies are required to review their Conflict of Interest Code in even -numbered years. The City of Rancho Cucamonga previously adopted Regulation 18730 (referred to as the model or standard code by the Fair Political Practices Commission) by reference and, as such, the terms of the code (Exhibit A to the Resolution) is up to date. The District has reviewed its Conflict of Interest Code, and it has determined that no changes are needed to the list of "Designated Positions", (Appendix 1). Due to updates made to the Form 700 by the FPPC, it has been determined that revisions need to be made to the "Disclosure Categories", (Appendix 11), to reflect the correct forms required to be completed by the designated positions. Attachments: Fire District Resolution No. FD 16-032 Exhibit "A" — Terms of the Code Appendix "I" — List of Designated Positions Appendix 'T" — Detailed Disclosure Categories P203 RESOLUTION NO. FD16-032 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ADOPTING, AFFIRMING, AND INCORPORATING BY REFERENCE THE STANDARD CONFLICT OF INTEREST PROVISIONS OF CALIFORNIA CODE OF REGULATIONS TITLE 2, SECTION 18730 AND ADOPTING AMENDED AND UPDATED APPENDIX II TO THE CONFLICT OF INTEREST CODE OF THE FIRE PROTECTION DISTRICT WHEREAS, pursuant to the requirements of the California Political Reform Act (the "Act"), Section 81000 of the California Government Code, governmental agencies must adopt Conflict of Interest Codes applicable to every officer, employee, member or consultant of the agency whose position entails the making or participating in the making of decisions that may foreseeably have a material financial effect on any financial interest, and which code requires such designated employees to disclose and disqualify themselves from making, participating in, or attempting to influence such decisions; and WHEREAS, the Fire Protection District has previously adopted the terms of California Code of Regulations Title 2, Section 18730, the Conflict of Interest Code terms promulgated by the Fair Political Practices Commission ("FPPC") by Fire District Resolution No. FD 90-028C; and WHEREAS, the Fire Protection District of the City of Rancho Cucamonga, as the Code Reviewing body under the Act, adopts, affirms and incorporates by reference the standard Conflict of Interest Code set forth in California Code of Regulations Title 2, Section 18730 and any amendments to it duly adopted by the FPPC; and WHEREAS, the standard Conflict of Interest Code set forth in California Code of Regulations Title 2, Section 18730 and any amendments to it duly adopted by the FPPC, along with Appendix "I", and Appendix "II" setting forth amended disclosure categories, does constitute the Conflict of Interest Code for the Fire Protection District; and WHEREAS, subsequent changed circumstances have made it advisable and necessary pursuant to Section 87306 and 87307 of the Act to amend and update the Fire Protection District's Conflict of Interest Code; and WHEREAS, a public meeting was held upon the proposed amended Conflict of Interest Code at a special meeting of the Fire Protection District on December 15, 2016, at which all present were given an opportunity to be heard on the proposed amended Conflict of Interest Code; NOW, THEREFORE, be it resolved the Fire Protection District of the City of Rancho Cucamonga, California, hereby resolves: The standard Conflict of Interest Code set forth in California Code of Regulations Title 2, Section 18730 and any amendments to it duly adopted by the FPPC is hereby incorporated by reference. P204 2. The list of designated positions subject to the requirements of the Conflict of Interest Code are set forth in Appendix I and the disclosure categories are set forth in Appendix II. 3. The standard Conflict of Interest Code set forth in California Code of Regulations Title 2, Section 18730 and any amendments to it duly adopted by the FPPC and the Appendices I and II constitute the Conflict of Interest Code for the Fire Protection District. 4. The Fire Protection District does hereby adopt the attached Conflict of Interest Code (Exhibit A) and it's amended Appendix II. P205 EXHIBIT "A" RANCHO CUCAMONGA FIRE PROTECTION DISTRICT CONFLICT OF INTEREST CODE The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a Regulation (California Code of Regulations, Title 2, Section 18730) that contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency's code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of California Code of Regulations, Title 2, Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendices, designating positions and establishing disclosure categories, shall constitute the Conflict of Interest Code of the Rancho Cucamonga Fire Protection District. Individuals holding designated positions shall file their statements of economic interests with the Secretary of the Rancho Cucamonga Fire Protection District, which will make the statements available for public inspection and reproduction (Gov. Code Sec. 81008). All statements will be retained by the Secretary. V-401 APPENDIX "I" DESIGNATED POSITIONS Designated Position Disclosure Categories Board of Directors......................................................................... 1, 2, 3, 4 Battalion Chief................................................................................ 1, 2, 3, 4 DeputyChief................................................................................... 1, 2, 3, 4 FireChief........................................................................................ 1, 2, 3, 4 FireMarshal.................................................................................... 1, 2, 3, 4 Consultants..................................................................................... 5 *Note - The Board of Directors may file a copy of the Disclosure Statement required of them as Members of the City Council, signed and verified as if it were an original, in lieu of filing a statement hereunder. (2 California Code of Regulations, Section 18730). P207 APPENDIX "II" DISCLOSURE CATEGORIES Reportable interests in real property in the jurisdiction. (Form 700, Schedule B.) 2. Reportable investments in business and entities that provide, plan to provide or have provided within two years from the time a statement is required under this conflict of interest code, services, supplies, materials or equipment of the type utilized by the Rancho Cucamonga Fire Protection District. (Form 700, Schedules A-1 and A-2.) 3. Reportable income from persons or business entities, and reportable business positions in business entities, that provide, plan to provide or have provided within two years from the time a statement is required under this conflict of interest code, services, supplies, materials or equipment of the type utilized by the Rancho Cucamonga Fire Protection District. (Form 700, Schedules A-2 and C.) 4. Reportable gifts and travel gifts. (Form 700, Schedules D and E.) 5. For consultants who serve in a staff capacity with the Rancho Cucamonga Fire Protection District, the consultant shall disclose based on the disclosure categories assigned elsewhere in this code for that staff position. For consultants who do not serve in a staff capacity, the following disclosure categories shall be used. Persons required to disclose in this category shall disclose pursuant to categories A, B, and C below unless the Fire Chief determines in writing that a particular consultant is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in categories A, B, and C. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Fire Chiefs determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. A. Reportable investments. (FPPC Form 700, Schedules A-1 and A-2.) B. Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule B.) C. Reportable income and business positions. (FPPC Form 700, Schedules A-2 and C.) D. Reportable gifts and travel gifts. (FPPC Form 700, Schedules D and E.) STAFF REPORT CITY CLERKS OFFICE Date: December 15, 2016 To: Mayor and Members of the City Council John R. Gillison, City Manager From: Linda A. Troyan, MMC City Clerk Services Director Subject: REVIEW OF APPOINTMENTS TO STANDING COMMITTEES AND OTHER GOVERNMENTAL AGENCIES RECOMMENDATION Review the attached list of appointments to committees and other governmental agencies and update as necessary. BACKGROUND/ANALYSIS On a regular basis, the City Council reviews the list of appointments to various standing committees and other governmental agencies, and updates the list when needed. Pursuant to prior City Council action, there is an automatic designation of the Mayor, Mayor Pro Tem or remaining Council Members as automatic alternates to any Committee or Subcommittee when one or more of the appointees are unable to attend. This ensures that the Committee or Subcommittee can continue to hold a scheduled public meeting without interruption. The attached is a list of the committees and the current appointment(s): It is recommended that the City Council review the list of current committees and other governmental agency appointments and update the list as necessary. Upon receipt of an updated list, City Staff will notify any outside agencies that might be affected. P209 REVIEW OF APPOINTMENTS TO STANDING COMMITTEES AND OTHER PAG► 2 GOVERNMENTAL AGENCIES D►:?CF:n113C-,R 15, 2016 City of Rancho Cucamonga City Council Subcommittees and Appointments to Local and Regional Agency Boards and Affiliations as of December 2014 CITY COUNCIL STANDING SUBCOMMITTEES The Council has the following subcommittees on which two Council Members serve to consider assigned areas of City programs/functions, provide feedback to staff, and make recommendations to the full City Council on related policy matters and Commission/Foundation appointments. These committees meet on an as -needed basis throughout the year. Community Services Subcommittee Area of Responsibility: Park and Recreation Commission and Community Foundation appointments, Quake Stadium usage, construction of park and recreation facilities, and programs. Committee members: L. Dennis Michael and Sam Spagnolo Community Development/Historic Preservation Subcommittee Area of Responsibility: Planning/Historic Preservation Commission appointments and Rails to Trails Plan implementation. Committee members: Bill Alexander and Diane Williams Library Subcommittee Area of Responsibility: Library and Library Foundation programs and services as well as Library Board of Trustees and Library Foundation appointments. Committee members: Bill Alexander and Diane Williams Mobile Home Accord Renewal Subcommittee Areas of Responsibility: Negotiations of Accord. Committee members: Bill Alexander and Sam Spagnolo P210 REVIEW OF APPOINTMENTS TO STANDING COMMITTEES AND OTHER P \Gi 3 GOVERNMENTAL AGENCIES Dia-ENiBi ER 15, 2016 Public Works Subcommittee Area of Responsibility: Transportation, traffic, parking, capital improvements, and public works projects. Committee members: Bill Alexander and Diane Williams Economic Development Marketing Subcommittee Area of Responsibility: Marketing of the City and review of the Redevelopment Agency marketing budget. Committee members: Lynne Kennedy and Diane Williams Technology & Communications Subcommittee Area of Responsibility: Technology and methods of communication. Committee members: Lynne Kennedy and Sam Spagnolo Planned Communities Subcommittee Area of Responsibility: Oversight of the revenues received from properties located within certain LMD's through the review of annual financial audits. Committee members: Sam Spagnolo and Diane Williams P211 REVIEW OF APPOINTMENTS TO STANDING COMMITTEES AND OTHER PAG r 4 GOVERNMENTAL AGENCIES DI 0-LAIBLR 15, 2016 APPOINTMENTS TO COMMUNITY ORGANIZATIONS AND REGIONAL AGENCIES These appointments involve Council Members representing the City to community organizations and regional agencies. Some organizations ask for the designation of a Delegate and an Alternate. League of California Cities Inland Empire Division — Legislative Task Force Area of Responsibility: The League of California Cities' Inland Empire Division reactivated its Legislative Task Force in the last year or so, which includes a representative from each City in the Division. The Legislative Task Force meets monthly and reviews legislative matters that affect cities, and make recommendations on positions to the League Division Board and to the Cities in the Division. Delegate: Lynne Kennedy City Selection Committee Area of Responsibility: The City Selection Committee is a committee, established by California Government Code 50275, which meets in even years to appoint Mayors and Council members to represent the city perspective on regional organizations, such as San Bernardino County Local Agency Formation Commission (LAFCO) and the CAL -ID Remote Access Network Board. The City Selection Committee consists of the Mayor of each City in the County. In San Bernardino County, the City Selection Committee meets every two years or more frequently if required to make a selection for one of the organizations. Required Delegate: ConFire Board of Directors L. Dennis Michael (Mayor) Area of Responsibility: Provide the items necessary and appropriate for a joint centralized public safety communications system and a cooperative program of fire - related functions (i.e. grants, emergency operations command) for the mutual benefit of the members. Delegate: Omnitrans Diane Williams Alternate: Lynne Kennedy Area of Responsibility: Omnitrans is a Joint Powers Agency that coordinates the public transit services of the County of San Bernardino and its 15 member cities. A 20 member Board of Directors governs Omnitrans, which includes the five County Board of Supervisors and representatives from the member cities. There are no specific terms to serve on the Board; it is at the discretion of each City as to who represents the City on the Omnitrans Board of Directors as Delegate and Alternate. Delegate: Sam Spagnolo Alternate: Diane Williams REVIEW OF APPOINTMENTS TO STANDING COMMITTEES AND OTHER PALL 5 GOVERNMENTAL AGENCIES D1_:CI3N4BI_R 15, ?016 Rancho Cucamonga Chamber of Commerce Area of Responsibility: Provides liaison between the Rancho Cucamonga Chamber of Commerce and the City of Rancho Cucamonga in coordinating projects and items of mutual interest. Delegate: L. Dennis Michael Alternate: Lynne Kennedy Route 210 Freeway Corridor Design Joint Powers Authority Area of Responsibility: Addresses Route 210 Freeway items for San Bernardino and Los Angeles Counties. Delegate: Diane Williams Alternate: Sam Spagnolo San Bernardino Associated Governments (SANBAG) (As of January 1, 2017 is officially San Bernardino County Transportation Authority and San Bernardino Council of Governments.) Area of Responsibility: The San Bernardino Associated Governments (SANBAG) is the sub regional transportation planning authority and Council of Governments for San Bernardino County. The SANBAG Board has 29 members, including representatives from each of the 24 cities and the five members of the County Board of Supervisors. The Board meets monthly in San Bernardino, in addition to a number of SANBAG committees that also meet on a monthly basis. The SANBAG Bylaws state that each City will appoint a delegate and alternate to the SANBAG Board. These two representatives continue to represent that City on the SANBAG Board until successors are appointed by the City. Delegate: L. Dennis Michael Alternate: Bill Alexander North Etiwanda Preserve (Appointed by County Supervisor) Area of Responsibility: Responsible for overseeing use and conservation of the North Etiwanda Habitat Preserve. Candidates are appointed by the County of San Bernardino Third District Supervisor, including representatives from the City of Rancho Cucamonga, County Board of Supervisors, State Department of Fish and Game, U.S. Department of Fish and Wildlife as well as at -large representatives of adjacent property owners. The Commission is currently working to complete the hiking trail through the Preserve, closing off access for motorized vehicles along the southern boundary, and continuing to work with developers to expand the Preserve. Delegate: Sam Spagnolo Alternate: Bill Alexander P213 REVIEW OF APPOINTMENTS TO STANDING COMMITTEES AND OTHER PAGL 6 GOVERNMENTAL AGENCIES Di-C13MRl R 15, 2016 Solid Waste Advisory Task Force Area of Responsibility: Carry out the responsibilities mandated by the State of California through AB 939. SWAT may also consider and make recommendations to the County on such other solid waste related matters as they may deem appropriate. Delegate: Bill Alexander Alternate: Linda Ceballos Appointments to be effective January 1, 2017 STAFF REPORT CITY CLERK/RECORDS NIANAGEDIENT DATE: December 15, 2016 TO: Mayor and Members of the City Council John R. Gillison, City Manager FROM: Linda A. Troyan, City Clerk Services DirectVIV' 3�AEI SUBJECT: Consider cancellation of the January 4, 2017 City Council Meetings RECOMMENDATION: It is recommended, in keeping with tradition, the City Council cancel the January 4, 2017 Regular Meetings. BACKGROUND/ANALYSIS: The Regular City Council meetings are held on the first and third Wednesdays of the month. The first meeting in January is slated for January 4. It has been City of Rancho Cucamonga's tradition to cancel the first meeting in January each year. In addition, City Hall offices will be closed the last week in December.