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Home My WebLink About2018-12-05 - Agenda PacketAGENDA FIRE PROTECTION DISTRICT BOARD-HOUSING SUCCESSOR AGENCY - SUCCESSOR AGENCY - PUBLIC FINANCING AUTHORITY - CITY COUNCIL Wednesday, December 5, 2018 10500 Civic Center Drive Rancho Cucamonga, CA 91730 REGULAR MEETINGS: 1st and 3rd Wednesdays - 7:00 P.M. ORDER OF BUSINESS: CLOSED SESSION TAPIA CONFERENCE ROOM 5:00 P.M. REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M. MEMBERS: MAYOR L. Dennis Michael CITY MANAGER John R. Gillison MAYOR PRO TEM Lynne B. Kennedy CITY ATTORNEY James L. Markman COUNCIL MEMBERS William Alexander Sam Spagnolo Diane Williams CITY CLERK CITY TREASURER Janice C. Reynolds James C. Frost Rancho Cucamonga City Council Mission Statement Make decisions, and be perceived as making decisions, for the general welfare of the community. Always work to improve existing services and develop policies to meet the expected as well as anticipated needs of the community. Work together cooperatively to respect all persons and their ideas in order to develop and maintain the trust of the community. Reflect the community's desires and priorities by assuring that decisions accurately reflect the community's interests by fairly translating public feedback into public policy. Enhance the quality of life of all Rancho Cucamonga residents through the continued pursuit of excellence and commitment to the City's core values and goals. Set the vision for the community for the future. Have a professional, objective and respectful relationship with each other in order to more effectively address the challenges of the future. Page 1 TO AD D R E S S T H E FIR E BOAR D, H OU S IN G S U C C E S S OR AGE N C Y, S UC C E S SOR AGEN C Y, P U B L IC F INAN C ING AU TH OR IT Y AN D CITY C OUN C IL The F ire B oard, Housing S uccessor A gency, S uccessor A gency, P ublic F inancing A uthority and C i ty C ouncil encourage free expression of all points of view. To allow all persons to speak, given the length of the A genda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree wi th 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 clappi ng, booing or shouts of approval or disagreement from the audience. The publi c may address the F ire B oard, Housing S uccessor A gency, S uccessor A gency, P ublic F inancing A uthority and C ity C ouncil by filling out a speaker card and submitting it to the C ity C lerk. The speaker cards are located on the wall at the back of the C hambers, at the front desk behind the staff table and at the C ity C lerk's desk. A ny handouts for the F ire B oard, S uccessor A gency, P ublic F inancing A uthority or C ity C ouncil should be given to the C ity C lerk for distribution. D uring "P ublic C ommunications," 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 "P ublic C ommunications" period will not exceed one hour prior to the commencement of the business portion of the agenda. D uring this one hour peri od, 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 i tems (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. A ny other "P ublic C ommunications" which have not concluded during this one-hour period may resume after the regular business portion of the agenda has been completed. C omments are to be limited to five minutes per individual or less, as deemed necessary by the C hair, depending upon the number of individuals desiring to speak. If you are present to speak on an "A dvertised P ublic Hearing" or on an "A dministrati ve Hearing" Item(s), your name will be alled when that item is being discussed, in the order i n which it was received. C omments are to be limi ted to five minutes per individual or less, as deemed necessary by the C hair, depending upon the number of individuals desiring to speak. AGE N D A B AC K-U P MATE R IALS S taff reports and back-up materials for agenda items are available for review at the C ity C lerk's counter, the C ity's P ublic Libraries and on the C ity's website. A complete copy of the agenda is also available at the desk located behind the staff table during the C ouncil meeting. L IV E B R OAD C AST F ire B oard, Housing S uccessor A gency, S uccessor A gency, P ublic F inancing A uthority and C ity C ouncil meetings are broadcast live on C hannel 3 for those with cable television access. Meetings are rebroadcast on the second and fourth Wednesdays of each month at 7:00 p.m. S treaming Video on D emand is available on the C ity's website at www.cityofrc.us/cityhall/council/videos.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 C enter Drive. Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and P ublic Financing Authority. C opies of the agendas and minutes can be found @ www.cityofrc.us I f you need special assistance or accommodations to participate in this meeting, please contact the City C lerk's offic e at (909) 477-2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devic es are available for the hearing impaired. Please silence all cell phones and devices while the meeting is in session. Page 2 DECEMBER 5, 2018 FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, HOUSING SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA CLOSED SESSION - 5:00 P.M. Roll Call:Mayor Michael Mayor Pro Tem Kennedy Council Members Alexander, Spagnolo and Williams A.ANNOUNCEMENT OF CLOSED SESSION ITEM(S) B.PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) C.CITY MANAGER ANNOUNCEMENTS D.CONDUCT OF CLOSED SESSION - Tapia Conference Room D.1.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH TEAMSTERS LOCAL 1932. – CITY D.2.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTH WEST CORNER OF ARROW ROUTE AND ROCHESTER AVENUE AS PARCEL NUMBERS 0229-012-08-0000 AND 0229-012-10-0000; NEGOTIATING PARTIES MATT BURRIS, DEPUTY CITY MANAGER/ECONOMIC & COMMUNITY DEVELOPMENT, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND STEPHEN AGGAZOTI, REPRESENTING AGGAZOTI TRUST AND SAMUEL AND BARBARA DICARLO TRUST; REGARDING PRICE AND TERMS. – CITY D.3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE RANCHO CUCAMONGA METROLINK STATION IDENTIFIED AS PARCEL NUMBERS 0209-272-11, 0209-143-21, AND 0209-272-22; NEGOTIATING PARTIES CITY MANAGER JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, CARRIE SCHINDLER REPRESENTING SBCTA, AND MICHAEL DIEDEN REPRESENTING EMPIRE YARDS AT RANCHO, LLC; REGARDING PRICE AND TERMS. – CITY D.4.CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1); NAME OF CASE: CARDENAS V. CITY OF RANCHO CUCAMONGA, SBSC CASE NO.: CIVDS1814960 - CITY Page 3 E.RECESS CLOSED SESSION TO RECESS TO THE REGULAR FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY, AND CITY COUNCIL MEETINGS AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. REGULAR MEETING - 7:00 P.M. COUNCIL CHAMBERS THE REGULAR MEETINGS OF THE FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY, AND CITY COUNCIL WILL BE CALLED TO ORDER. IT IS THE INTENT TO CONCLUDE THE MEETINGS BY 10:00 P.M., UNLESS EXTENDED BY CONCURRENCE OF THE FIRE BOARD, AGENCIES, AUTHORITY BOARD AND COUNCIL. Pledge of Allegiance Roll Call:Mayor Michael Mayor Pro Tem Kennedy Council Members Alexander, Spagnolo and Williams A.ANNOUNCEMENT / PRESENTATIONS A.1.Recognition of Inland Empire Economic Partnership's "Red Tape to Red Carpet Awards". 1st Place - Business Retention & Expansion Award - Rancho Advantage 1st Place - Sustainable & Green Development Award - Sustainable Community Action Plan Cooperation Among Cities, Counties or Agencies Award - Rancho Cucamonga Fire District All Risk Regional Training Center Leadership in Public Service Award - Council Member, Diane Williams B.PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. Page 4 --- CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Fire Board/Housing Successor Agency/Successor Agency/Authority Board/Council at one time without discussion. Any item may be removed by a Fire Board/Housing Successor Agency/Successor Agency/Authority Board/Council Member for discussion. C.CONSENT CALENDAR – FIRE PROTECTION DISTRICT C.1.Consideration to Approve Bi-Weekly Payroll in the Amount of $1,648,876.43 and Weekly Check Registers in the Amount of $116,669.98 Dated November 06, 2018 Through November 26, 2018 and Electronic Debit Register for the Month of October in the Amount of $508,982.31. C.2.Consideration of an Award for the Purchase of One (1) Fire Battalion Command Emergency Response Vehicle from Derotic Emergency Equipment, of Sacramento, in the amount of $165,003. C.3.Consideration to Approve a Resolution Adopting the Salary Schedules for Fiscal Year 2018/19. RESOLUTION NO. FD18-017 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE SALARY SCHEDULES FOR FISCAL YEAR 2018-19 D.CONSENT CALENDAR – HOUSING SUCCESSOR AGENCY E.CONSENT CALENDAR – SUCCESSOR AGENCY F.CONSENT CALENDAR – PUBLIC FINANCING AUTHORITY G.CONSENT CALENDAR – CITY COUNCIL G.1.Consideration of Meeting Minutes: Special Meeting of November 7, 2018 G.2.Consideration to Approve Bi-Weekly Payroll in the Amount of $2,791,008.98 and Weekly Check Registers in the Amount of $7,852,251.60 Dated November 06, 2018 Through November 26, 2018 and Electronic Debit Register for the Month of October in the Amount of $5,883,979.34. G.3.Consideration of the Adoption of a Resolution Setting a Public Hearing Regarding the Financing of the Design, Construction and Acquisition of a Fiber Optics Network. RESOLUTION NO. 18-127 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SETTING A PUBLIC HEARING REGARDING THE FINANCING OF THE DESIGN, CONSTRUCTION AND ACQUISITION OF A FIBER OPTICS NETWORK G.4.Consideration to Award a Contract to West Coast Arborists, Inc. for Citywide Tree Maintenance Services. G.5.Consideration to Approve a Resolution Approving the Salary Schedules for Fiscal Year 2018/19. RESOLUTION NO. 18-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE SALARY SCHEDULES FOR FISCAL YEAR 2018/19 Page 5 9 24 26 35 37 52 54 214 H.CONSENT ORDINANCES The following Ordinances have been introduced for first reading. Second readings are expected to be routine and non-controversial. The City Council will act upon them at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion by a Council Member. H.1.Second Reading and Adoption of Ordinance No. 941 Amending Chapter 8.17 and 8.19 of the Rancho Cucamonga Municipal Code to Incorporate Requirements Related to Refuse, Recyclables, Organics and Construction and Demolition Waste Collection. ORDINANCE NO. 941 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, AMENDING CHAPTER 8.17 (REFUSE, RECYCLABLES, AND ORGANICS COLLECTION) AND CHAPTER 8.19 (CONSTRUCTION AND DEMOLITION WASTE COLLECTION) OF TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE H.2.Second Reading and Adoption of Ordinance No. 942 Amending Section 3.28.020 of the Rancho Cucamonga Municipal Code Regarding the Timing of Payment of Transportation Development Impact Fees. ORDINANCE NO. 942 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE CONCERNING THE TIMING OF PAYMENT OF TRANSPORTATION DEVELOPMENT IMPACT FEES AND MAKING FINDINGS IN SUPPORT THEREOF I.ADMINISTRATIVE HEARING ITEM J.ADVERTISED PUBLIC HEARINGS – CITY COUNCIL/FIRE PROTECTION DISTRICT 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. J.1.APPEAL OF PLANNING COMMISSION DECISION DRC2018-00865 – CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION’S APPROVAL OF HILLSIDE DESIGN REVIEW DRC2016-00672 – ANDRESEN ARCHITECTURE – THIS APPEAL INVOLVES A REQUEST FOR SITE PLAN AND ARCHITECTURAL REVIEW OF A PROPOSED 6,175 SQUARE FOOT SINGLE- FAMILY DWELLING UNIT AND A 674 SQUARE FOOT DETACHED SECOND DWELLING UNIT ON A VACANT LOT TOTALING 12,044 SQUARE FEET, LOCATED IN THE LOW (L) RESIDENTIAL DISTRICT IN THE HILLSIDE OVERLAY DISTRICT ON THE NORTH SIDE OF CAMINO PREDERA; APN: 0207-641-12. THIS ITEM IS EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND THE CITY’S CEQA GUIDELINES UNDER CEQA GUIDELINES SECTION 15303 – NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES. RESOLUTION NO. 18-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, GRANT THE APPEAL OF PLANNING COMMISSION DECISION DRC2018-00865, AND OVERTURN THE PLANNING COMMISSION’S DECISION TO APPROVE HILLSIDE DESIGN REVIEW DRC2016-00672; AND Page 6 227 228 249 250 251 254 MAKING FINDINGS IN SUPPORT THEREOF. RESOLUTION NO. 18-121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING THE APPEAL OF PLANNING COMMISSION DECISION DRC2018-00865, AND UPHOLDING THE PLANNING COMMISSION’s decision to APPROVE HILLSIDE DESIGN REVIEW DRC2016-00672; AND MAKING FINDINGS IN SUPPORT THEREOF. RESOLUTION NO. 18-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING APPEAL OF PLANNING COMMISSION DECISION DRC2018-00865, AND UPHOLDING THE PLANNING COMMISSION APPROVAL OF HILLSIDE DESIGN REVIEW drc2016-00672 WITH MODIFICATIONS; AND MAKING FINDINGS IN SUPPORT THEREOF. J.2.Consideration of a Resolution Adopting an Updated Construction and Demolition Diversion Program Fee Schedule. RESOLUTION NO. 18-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING AN UPDATED FEE SCHEDULE APPLICABLE TO THE CONSTRUCTION AND DEMOLITION DIVERSION PROGRAM OF THE ENGINEERING SERVICES DEPARTMENT. J.3.Consideration of a Resolution Amending Electric Rates, Fees, and Charges, Pursuant to the Requirements and Authority of Chapter 3.46 of Title 3 of the Rancho Cucamonga Municipal Code. RESOLUTION NO. 18-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING ELECTRIC RATES AND CHARGES, PURSUANT TO THE REQUIREMENTS AND AUTHORITY OF CHAPTER 3.46 OF TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE K.CITY MANAGER’S STAFF REPORTS The following items have no legal publication or posting requirements. K.1.Consideration to Approve a Resolution Modifying Paying and Reporting the Value of Employer Paid Member Contributions to CalPERS. RESOLUTION NO. 18-124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MODIFYING PAYING AND REPORTING THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS TO CALPERS FOR RANCHO CUCAMONGA CITY EMPLOYEE ASSOCIATION (RCCEA) RESOLUTION 18-130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MODIFYING PAYING AND REPORTING THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS TO CALPERS FOR THE CITY MANAGER K.2.Consideration to Approve Financing Leases with Dell Financial Services for Acquisition of Hardware Equipment and Software for the City’s Data Center in Connection to City Contract Page 7 258 263 317 322 369 373 No. 18-120 with Sidepath, Inc. RESOLUTION NO. 18-128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING FINANCING LEASES FOR THE ACQUISITION OF EQUIPMENT AND SOFTWARE FOR THE CITY’S DATA CENTER INFRASTRUCTURE, AND TAKING RELATED ACTIONS K.3.Consideration to Adopt Tax-Advantaged Bonds Post-Issuance Compliance Procedures. RESOLUTION NO. 18-129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING TAX-ADVANTAGED BONDS POST- ISSUANCE COMPLIANCE PROCEDURES AND TAKING RELATED ACTIONS L.COUNCIL BUSINESS L.1.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) L.2.INTER-AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) M.IDENTIFICATION OF ITEMS FOR NEXT MEETING N.ADJOURNMENT 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 at least 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. Page 8 379 --- --- D AT E : December 5, 2018 T O:P resident and Members of the B oard of D irectors F RO M :J ohn R . Gillison, C ity Manager INIT IAT E D B Y:Tamara L ayne, F inance D irector S UB J E C T:C O NS ID E RAT I O N T O AP P RO V E B I-WE E K LY PAY RO L L I N T HE AM O UNT O F $1,648,876.43 AND WE E K LY C HE C K RE G IS T E RS IN T HE AM O UNT O F $116,669.98 D AT E D NO V E M B E R 06, 2018 T HRO UG H NO V E M B E R 26, 2018 AND E L E C T RO NIC D E B I T RE G IS T E R F O R T HE M O NT H O F O C T O B E R I N T HE AM O UNT O F $508,982.31. RE COMMENDAT ION: Staf f recommends F ire Board approve payment of demands as presented. BACKGROUND: N/A ANALY S IS: N/A FISCAL IMPACT: Adequate budgeted funds are available for the payment of demands per the attached listing. COUNCIL GOAL(S) ADDRE S S E D: N/A AT TAC HM E NT S : D escription Attachment 1 Check Register Attachment 1 E lectronic Register Page 9 AmountFireCityVendor NameCheck Date 11/6/2018 through 11/26/2018 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND CITY OF RANCHO CUCAMONGA Check No. 20,196.990.0020,196.99CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA11/07/201800008455AP 1,842.000.001,842.00RCCEA11/07/201800008456AP 11,986.100.0011,986.10RCPFA11/07/201800008457AP 3,135,746.000.003,135,746.00SAN BERNARDINO CTY SHERIFFS DEPT11/07/201800008458AP 8,592.570.008,592.57US DEPARTMENT OF ENERGY11/07/201800008459AP 20,700.000.0020,700.00EDF TRADING NORTH AMERICA LLC11/14/201800008460AP 6,909.000.006,909.00RIVERSIDE, CITY OF11/14/201800008461AP 32.000.0032.00SAN BERNARDINO COUNTY11/14/201800008462AP 73,312.460.0073,312.46TANKO LIGHTING11/14/201800008463AP 13,240.000.0013,240.00CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA11/20/201800008464AP 1,835.500.001,835.50RCCEA11/20/201800008465AP 11,986.100.0011,986.10RCPFA11/20/201800008466AP 89,935.840.0089,935.84RE ASTORIA 2 LLC11/20/201800008467AP 316,755.800.00316,755.80SARGENT TOWN PLANNING INC11/20/201800008468AP 214,968.750.00214,968.75SHELL ENERGY NORTH AMERICA11/20/201800008469AP 0.010.000.01AUDITOR-CONTROLLER/TREASURER/TAX COLLECTOR11/06/201800395408AP 53.030.0053.03A AND R TIRE SERVICE11/07/201800395409AP 5,764.700.005,764.70ABLE BUILDING MAINTENANCE11/07/201800395410AP 24,661.680.0024,661.68ABSOLUTE SECURITY INTERNATIONAL INC11/07/201800395411AP 40.970.0040.97AFLAC GROUP INSURANCE11/07/201800395412AP 4,000.000.004,000.00AGENCY FOR THE PERFORMING ARTS INC.11/07/201800395413AP 307.500.00307.50ALL CITIES PARTY RENTALS LLC11/07/201800395414AP 507.55507.550.00ALL CITIES TOOLS11/07/201800395415AP 400.000.00400.00ALTA VISTA MOBILE HOME PARK11/07/201800395416AP 205.50205.500.00AMERICAN SCALE CO INC11/07/201800395417AP 3,370.740.003,370.74AMTECH ELEVATOR SERVICES11/07/201800395418AP 4,607.500.004,607.50ASSI SECURITY11/07/201800395419AP 86.4686.460.00AT&T MOBILITY11/07/201800395420AP 7,728.000.007,728.00AUFBAU CORPORATION11/07/201800395421AP 58.660.0058.66AUTO AND RV SPECIALISTS INC.11/07/201800395422AP 313.050.00313.05AVID MICROSHIP ID SYSTEM11/07/201800395423AP 82.110.0082.11B AND K ELECTRIC WHOLESALE11/07/201800395424AP 50,685.750.0050,685.75BANNER BANK11/07/201800395425AP 459.000.00459.00BELTRAN, OSBALDO ALVARADO11/07/201800395426AP 3,430.510.003,430.51BIG EVENTS INC11/07/201800395427AP 2,183.980.002,183.98BLUM ELECTRIC11/07/201800395428AP 2,925.670.002,925.67BOOT BARN INC.11/07/201800395429AP 123,908.940.00123,908.94BRIGHTVIEW LANDSCAPE SERVICES INC.11/07/201800395430AP 17,500.000.0017,500.00BUD FORREST ENTERTAINMENT INC.11/07/201800395431AP 2,997.782,997.780.00C V W D11/07/201800395432AP ***86,440.591,438.9585,001.64C V W D11/07/201800395435AP 600.000.00600.00CA LLC - 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VERONICA LOPEZ Page:5 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 14 AmountFireCityVendor NameCheck Date 11/6/2018 through 11/26/2018 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND CITY OF RANCHO CUCAMONGA Check No. 998.26998.260.00KME FIRE APPARATUS11/08/201800395634AP 156.230.00156.23MINUTEMAN PRESS11/08/201800395635AP 11,319.430.0011,319.43MUSIC THEATRE INTERNATIONAL11/08/201800395636AP ***6,088.87949.155,139.72OFFICE DEPOT11/08/201800395638AP ***1,703.44339.821,363.62ORKIN PEST CONTROL11/08/201800395639AP ***336.1938.79297.40PSA PRINT GROUP11/08/201800395640AP 5,671.840.005,671.84SITEONE LANDSCAPE SUPPLY LLC11/08/201800395641AP 1,753.300.001,753.30STABILIZER SOLUTIONS INC11/08/201800395642AP 105.090.00105.09THOMPSON PLUMBING SUPPLY INC11/08/201800395643AP 164.760.00164.76VISTA PAINT11/08/201800395644AP 1,645.650.001,645.65ABLE BUILDING MAINTENANCE11/14/201800395645AP 300.310.00300.31ACEY DECY EQUIPMENT INC.11/14/201800395646AP 1,471.020.001,471.02ACTION AWARDS INC.11/14/201800395647AP 287.19287.190.00ADAPT CONSULTING INC11/14/201800395648AP 131,912.100.00131,912.10ALL AMERICAN ASPHALT11/14/201800395649AP 24.240.0024.24ALPHAGRAPHICS11/14/201800395650AP 4,871.250.004,871.25ALTUM GROUP, THE11/14/201800395651AP 1,463.800.001,463.80AMERICAN TRAVELER INC.11/14/201800395652AP 220.000.00220.00ASSE11/14/201800395653AP 158.130.00158.13BAYER HEALTHCARE LLC11/14/201800395654AP 40,000.000.0040,000.00BRIAN MCKNIGHT TOURING INC.11/14/201800395655AP 51,536.150.0051,536.15BRIGHTVIEW LANDSCAPE SERVICES INC.11/14/201800395656AP 998.820.00998.82BUREAU VERITAS NORTH AMERICA INC11/14/201800395657AP 62,746.110.0062,746.11BURTEC WASTE INDUSTRIES11/14/201800395658AP 134.27134.270.00BW PRINTWORKS11/14/201800395659AP 890.100.00890.10C V W D11/14/201800395660AP ***71,082.66495.6570,587.01C V W D11/14/201800395662AP 312,906.250.00312,906.25CALPROMAX ENGINEERING INC.11/14/201800395663AP ***2,131.651,492.84638.81CCS ORANGE COUNTY JANITORIAL INC.11/14/201800395664AP 2,576.200.002,576.20CHICOJ, ERACIO11/14/201800395665AP 59.2159.210.00CINTAS CORPORATION #15011/14/201800395666AP 7,425.000.007,425.00CIVIC SOLUTIONS INC11/14/201800395667AP 60.070.0060.07CLARKE PLUMBING SPECIALTIES INC.11/14/201800395668AP 2,280.752,280.750.00CLERK OF THE BOARD OF SUPERVISORS11/14/201800395669AP 6,942.740.006,942.74COMMUNITY BANK11/14/201800395670AP 297.270.00297.27CONSOLIDATED ELECTRICAL DISTR INC11/14/201800395671AP 7,520.000.007,520.00CONVERGEONE INC.11/14/201800395672AP 145.000.00145.00CPRS11/14/201800395673AP 2,134.990.002,134.99D AND K CONCRETE COMPANY11/14/201800395674AP 815.010.00815.01DAISY11/14/201800395675AP 717.82717.820.00DANIELS TIRE SERVICE11/14/201800395676AP 3,150.000.003,150.00DEPARTMENT OF HOUSING AND COMMUNITY11/14/201800395677AP 23.750.0023.75DEPENDABLE COMPANY INC.11/14/201800395678AP 465.480.00465.48EIGHTH AVENUE ENTERPRISE LLC11/14/201800395679AP 15,216.4815,216.480.00ERICKSON HALL CONSTRUCTION11/14/201800395680AP 883.37883.370.00FACTORY MOTOR PARTS11/14/201800395681AP 266.45266.450.00FRANKLIN TRUCK PARTS11/14/201800395682AP 08:00:35 11/27/2018Current Date:VLOPEZ - 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VERONICA LOPEZ Page:8 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 17 AmountFireCityVendor NameCheck Date 11/6/2018 through 11/26/2018 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND CITY OF RANCHO CUCAMONGA Check No. 1,162.010.001,162.01A-Z GOLF CART SPECIALISTS INC.11/20/201800395785AP 119.440.00119.44ACEY DECY EQUIPMENT INC.11/20/201800395786AP 1,294.900.001,294.90ACTION AWARDS INC.11/20/201800395787AP 1,074.500.001,074.50ADVANCED CHEMICAL TRANSPORT11/20/201800395788AP 7,424.600.007,424.60AFLAC GROUP INSURANCE11/20/201800395789AP 764.120.00764.12ARROW TRAILER SUPPLIES INC11/20/201800395790AP 2,190.000.002,190.00ASSI SECURITY11/20/201800395791AP 481.000.00481.00BEHAVIOR ANALYSIS TRAINING INSTITUTE11/20/201800395792AP 207.150.00207.15C V W D11/20/201800395793AP ***95,701.571,915.1893,786.39C V W D11/20/201800395797AP 254.140.00254.14CAL PERS LONG TERM CARE11/20/201800395798AP 100.000.00100.00CALIFORNIA, STATE OF11/20/201800395799AP 8.440.008.44CALIFORNIA, STATE OF11/20/201800395800AP 250.000.00250.00CALIFORNIA, STATE OF11/20/201800395801AP 252.000.00252.00CARTY, DIANE11/20/201800395802AP 257.500.00257.50CORELOGIC SOLUTIONS LLC11/20/201800395803AP 3,013.210.003,013.21DAISY11/20/201800395804AP 185.000.00185.00DANIELS, NOAH11/20/201800395805AP 10,000.000.0010,000.00ROJO, DAVID11/20/201800395806AP 180.240.00180.24DIRECTV11/20/201800395807AP 92.400.0092.40DUNN, ANN MARIE11/20/201800395808AP 1,834.280.001,834.28ECOHERO SHOW LLC, THE11/20/201800395809AP 7,659.000.007,659.00EMPLOYMENT DEVELOPMENT DEPT.11/20/201800395810AP 4,398.340.004,398.34EP CONTAINER CORP.11/20/201800395811AP 52.000.0052.00EXPERIAN11/20/201800395812AP ***1,315.01405.27909.74FRONTIER COMM11/20/201800395813AP 425.000.00425.00GEOGRAPHICS11/20/201800395814AP 4,264.940.004,264.94GRIFFIN STRUCTURES INC11/20/201800395815AP 100.000.00100.00HARO, APRIL11/20/201800395816AP 578.000.00578.00HENKELS MCCOY INC11/20/201800395817AP 103.750.00103.75HENSEN, JO11/20/201800395818AP 852.000.00852.00HERITAGE EDUCATION GROUP11/20/201800395819AP 403.110.00403.11HOME DEPOT CREDIT SERVICES 64511/20/201800395820AP 50.000.0050.00INLAND DESERT SECURITY & COMMUNICATIONS INC11/20/201800395821AP 23,000.000.0023,000.00INLAND PACIFIC BALLET11/20/201800395822AP 2,605.090.002,605.09IRON MOUNTAIN OSDP11/20/201800395823AP 100.000.00100.00JACQUEZ, RICARDO11/20/201800395824AP 2,133.000.002,133.00JOHNNY ALLEN TENNIS ACADEMY11/20/201800395825AP 90.000.0090.00KEITH, JORRY11/20/201800395826AP 49.600.0049.60KNIGHT, AMANDA11/20/201800395827AP 75.180.0075.18KWAPINSKI, SASHA11/20/201800395828AP 5,391.940.005,391.94LEVEL 3 COMMUNICATIONS LLC11/20/201800395829AP 457.940.00457.94LIFE ASSIST INC11/20/201800395830AP 450.000.00450.00LITTLE BEAR PRODUCTIONS11/20/201800395831AP ***8,002.172,598.395,403.78LOWES COMPANIES INC.11/20/201800395834AP 11.990.0011.99MACLEOD, SYNNOVA11/20/201800395835AP 129.710.00129.71MARRUFO, JOANNA11/20/201800395836AP 08:00:35 11/27/2018Current Date:VLOPEZ - VERONICA LOPEZ Page:9 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 18 AmountFireCityVendor NameCheck Date 11/6/2018 through 11/26/2018 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND CITY OF RANCHO CUCAMONGA Check No. 1,270.800.001,270.80MARSHALL, SYLVIA11/20/201800395837AP 5,000.000.005,000.00MEHTA, SHAAN11/20/201800395838AP 119.370.00119.37METROLINK11/20/201800395839AP 584.730.00584.73MIDWEST TAPE11/20/201800395840AP 1,740.000.001,740.00MINDFUL LIFE11/20/201800395841AP 154.000.00154.00MUSICLAND11/20/201800395842AP 277.200.00277.20MUSICSTAR11/20/201800395843AP 722.700.00722.70MY CLOSET SHOETIQUE11/20/201800395844AP 92.5692.560.00NAPA AUTO PARTS11/20/201800395845AP 714.000.00714.00NICHOLS, GARY11/20/201800395846AP 12,165.500.0012,165.50NINYO & MOORE11/20/201800395847AP 515.620.00515.62OCCUPATIONAL HEALTH CTRS OF CA11/20/201800395848AP 57.470.0057.47OCLC INC11/20/201800395849AP 15,440.000.0015,440.00ONWARD ENGINEERING11/20/201800395850AP 450.000.00450.00ORIEL, JASMIN11/20/201800395851AP 127,445.000.00127,445.00PACIFIC UTILITY INSTALLATION INC11/20/201800395852AP 66.980.0066.98PRE-PAID LEGAL SERVICES INC11/20/201800395853AP 2,119.100.002,119.10PROMOTIONS TEES & MORE11/20/201800395854AP 520.000.00520.00PUBLIC SAFETY ALLIANCE LLC11/20/201800395855AP 2,397.500.002,397.50RANCHO CUCAMONGA COMMUNITY & ARTS11/20/201800395856AP 324.00324.000.00RASMUSSEN, STEVEN11/20/201800395857AP 787.44787.440.00RESCUE RESPONSE GEAR LLC11/20/201800395858AP 258.870.00258.87SAMS CLUB/SYNCHRONY BANK11/20/201800395859AP 100.000.00100.00SAN ANTONIO HOSPITAL FOUNDATION11/20/201800395860AP 250.000.00250.00SAN BERNARDINO CTY FIRE PROTECTION DISTRICT11/20/201800395861AP 500.000.00500.00SAN BERNARDINO CTY SUPERINTENDENT OF SCHOOLS11/20/201800395862AP 1,565.010.001,565.01SBPEA11/20/201800395863AP 190.000.00190.00SCMAF INLAND VALLEYS11/20/201800395864AP 100.000.00100.00SHERIFFS COURT SERVICES11/20/201800395865AP 310.300.00310.30SHOETERIA11/20/201800395866AP 223.000.00223.00SHRED PROS11/20/201800395867AP 626.34626.340.00SIGTRONICS CORPORATION11/20/201800395868AP 2,512.882,512.880.00SOCAL PPE11/20/201800395869AP 250.000.00250.00SOSA, SHOVAN11/20/201800395870AP 3,594.050.003,594.05SOUTHERN CALIFORNIA EDISON11/20/201800395872AP 11,012.940.0011,012.94SOUTHERN CALIFORNIA EDISON11/20/201800395873AP 11,699.310.0011,699.31SOUTHERN CALIFORNIA EDISON11/20/201800395874AP 10,660.010.0010,660.01SOUTHERN CALIFORNIA EDISON11/20/201800395875AP 12,008.780.0012,008.78SOUTHERN CALIFORNIA EDISON11/20/201800395876AP 9,518.710.009,518.71SOUTHERN CALIFORNIA EDISON11/20/201800395877AP 405.190.00405.19SOUTHERN CALIFORNIA EDISON11/20/201800395878AP 3,000.000.003,000.00SPECIAL SERVICES GROUP LLC11/20/201800395879AP 121.95121.950.00SPRINT11/20/201800395880AP 916.740.00916.74SYSCO LOS ANGELES INC11/20/201800395881AP 1,415.000.001,415.00THEATRE COMPANY, THE11/20/201800395882AP 34,225.000.0034,225.00TORTI GALLAS AND PARTNERS INC11/20/201800395883AP 666.000.00666.00TSAI, THOMAS11/20/201800395884AP 08:00:35 11/27/2018Current Date:VLOPEZ - VERONICA LOPEZ Page:10 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 19 AmountFireCityVendor NameCheck Date 11/6/2018 through 11/26/2018 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND CITY OF RANCHO CUCAMONGA Check No. 181.250.00181.25U S LEGAL SUPPORT INC11/20/201800395885AP 93.000.0093.00UNITED WAY11/20/201800395886AP 9,763.160.009,763.16VELOCITY TRUCK CENTERS11/20/201800395887AP 131.970.00131.97VERA, CARA11/20/201800395888AP 5,066.000.005,066.00VERIZON WIRELESS - LA11/20/201800395893AP 128.320.00128.32VERIZON WIRELESS - LA11/20/201800395894AP 4,771.610.004,771.61VERIZON WIRELESS - LA11/20/201800395895AP 6,338.450.006,338.45VICTOR MEDICAL COMPANY11/20/201800395896AP 360.000.00360.00VISION COMMUNICATIONS CO11/20/201800395897AP 11,357.090.0011,357.09VISION SERVICE PLAN CA11/20/201800395898AP 134.690.00134.69VOHNE LICHE KENNELS INC11/20/201800395899AP 390.470.00390.47WELLNESS TOGETHER11/20/201800395900AP 432.000.00432.00WESTERN UNIVERSITY OF HEALTH SCIENCE11/20/201800395901AP 2,122.500.002,122.50WHITE HOUSE PHOTO INC11/20/201800395902AP 30,000.000.0030,000.00WLPX DAY CREEK LLC11/20/201800395903AP 298.380.00298.38XEROX FINANCIAL SERVICES11/20/201800395904AP 244.060.00244.06ZOETIS US LLC11/20/201800395905AP 40.970.0040.97AFLAC GROUP INSURANCE11/20/201800395906AP 7,383.630.007,383.63AFLAC GROUP INSURANCE11/20/201800395907AP 1,750.000.001,750.00FOOTHILL FAMILY SHELTER11/20/201800395908AP 3,238.000.003,238.00FOOTHILL FAMILY SHELTER11/20/201800395909AP 510.000.00510.00INDERWIESCHE, MATT11/20/201800395910AP 616.220.00616.22ABC LOCKSMITHS11/21/201800395911AP 941.76941.760.00AIRGAS USA LLC11/21/201800395912AP 648.790.00648.79APPLIED CONCEPTS11/21/201800395913AP 4,721.370.004,721.37BIBLIOTHECA LLC11/21/201800395914AP 65.970.0065.97CALSENSE11/21/201800395915AP 194.38194.380.00CITRUS MOTORS ONTARIO INC11/21/201800395916AP 1,223.910.001,223.91DIAMOND ENVIRONMENTAL SERVICES11/21/201800395917AP 1,031.890.001,031.89EMCOR SERVICE11/21/201800395918AP 320.000.00320.00INLAND VALLEY DAILY BULLETIN11/21/201800395919AP 868.11868.110.00KME FIRE APPARATUS11/21/201800395920AP 893.890.00893.89MINUTEMAN PRESS11/21/201800395921AP ***6,038.971,284.284,754.69OFFICE DEPOT11/21/201800395922AP ***2,325.27163.052,162.22ORKIN PEST CONTROL11/21/201800395923AP 4,592.280.004,592.28PIONEER MANUFACTURING11/21/201800395924AP ***165.9438.79127.15PSA PRINT GROUP11/21/201800395925AP 210.11210.110.00SAFETY KLEEN SYSTEMS INC11/21/201800395926AP 36,163.420.0036,163.42SIEMENS INDUSTRY INC11/21/201800395927AP 7,234.340.007,234.34SIMPLOT PARTNERS11/21/201800395928AP 247.950.00247.95SITEONE LANDSCAPE SUPPLY LLC11/21/201800395929AP 3,340.250.003,340.25STOVER SEED COMPANY11/21/201800395930AP 13.890.0013.89THOMPSON PLUMBING SUPPLY INC11/21/201800395931AP 364.930.00364.93THOMSON REUTERS WEST PUBLISHING CORP11/21/201800395932AP ***2,703.70542.162,161.54CALIFORNIA DPT OF TAX & FEE ADMINISTRATION11/26/201800395933AP 08:00:35 11/27/2018Current Date:VLOPEZ - VERONICA LOPEZ Page:11 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 20 AmountFireCityVendor NameCheck Date 11/6/2018 through 11/26/2018 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND CITY OF RANCHO CUCAMONGA Check No. $7,968,921.58 $116,669.98 Note: Grand Total: Total Fire: $7,852,251.60Total City: *** Check Number includes both City and Fire District expenditures 08:00:35 11/27/2018Current Date:VLOPEZ - VERONICA LOPEZ Page:12 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 21 DATE DESCRIPTION CITY FIRE AMOUNT 10/1 Workers Comp - Fire Account Transfer 580.00 580.00 10/2 WIRE TRANSFER - To California ISO 4,641.90 4,641.90 10/2 Workers Comp - City Account Transfer 1,446.17 1,446.17 10/2 Workers Comp - Fire Account Transfer 7,785.39 7,785.39 10/3 U.S. BANK - Purchasing Card Payment - September 2018 39,661.37 7,947.40 47,608.77 10/3 U.S. BANK - Corporate Card Payment - September 2018 90,061.02 16,014.03 106,075.05 10/3 U.S. BANK - Costco Card Payment - September 2018 2,011.80 384.45 2,396.25 10/3 Workers Comp - City Account Transfer 691.78 691.78 10/3 Workers Comp - Fire Account Transfer 7,406.94 7,406.94 10/4 Workers Comp - City Account Transfer 203.43 203.43 10/4 Workers Comp - Fire Account Transfer 175.65 175.65 10/9 WIRE TRANSFER - To California ISO 87,348.10 87,348.10 10/9 Workers Comp - Fire Account Transfer 439.23 439.23 10/10 STATE DISBURSEMENT UNIT - Child Support Payments 2,211.00 2,211.00 10/10 STATE DISBURSEMENT UNIT - Child Support Payments 4,948.04 4,948.04 10/11 CALPERS - City - Retirement Account Deposit 1,869.43 1,869.43 10/11 CALPERS - City - Retirement Account Deposit 45,183.28 45,183.28 10/11 CALPERS - City - Retirement Account Deposit 122,677.60 122,677.60 10/11 CALPERS - Fire - Retirement Account Deposit 1,630.76 1,630.76 10/11 CALPERS - Fire - Retirement Account Deposit 2,660.11 2,660.11 10/11 CALPERS - Fire - Retirement Account Deposit 5,784.72 5,784.72 10/11 CALPERS - Fire - Retirement Account Deposit 8,202.95 8,202.95 10/11 CALPERS - Fire - Retirement Account Deposit 11,855.64 11,855.64 10/11 CALPERS - Fire - Retirement Account Deposit 109,144.62 109,144.62 10/11 Workers Comp - City Account Transfer 2,395.78 2,395.78 10/11 Workers Comp - Fire Account Transfer 1,654.43 1,654.43 10/12 WIRE TRANSFER - To JP Morgan Chase - Escrow Deposit - Haven 260,000.00 260,000.00 10/12 Workers Comp - City Account Transfer 2,097.38 2,097.38 10/12 Workers Comp - Fire Account Transfer 3,291.29 3,291.29 10/15 WIRE TRANSFER - To California ISO 5,937.84 5,937.84 10/15 Workers Comp - City Account Transfer 1,737.76 1,737.76 10/15 Workers Comp - Fire Account Transfer 8,061.66 8,061.66 10/17 Workers Comp - City Account Transfer 295.35 295.35 10/18 Workers Comp - City Account Transfer 3,666.75 3,666.75 10/18 Workers Comp - Fire Account Transfer 11,332.06 11,332.06 10/19 WIRE TRANSFER - To California ISO 10,891.73 10,891.73 10/19 WIRE TRANSFER - To CoAmerica Bank - Final Payment - Haven 4,945,908.88 4,945,908.88 10/19 Workers Comp - City Account Transfer 1,892.70 1,892.70 10/19 Workers Comp - Fire Account Transfer 1,762.61 1,762.61 10/22 Workers Comp - Fire Account Transfer 2,543.45 2,543.45 10/24 STATE DISBURSEMENT UNIT - Child Support Payments 2,211.00 2,211.00 10/24 Workers Comp - City Account Transfer 1,048.80 1,048.80 10/24 Workers Comp - Fire Account Transfer 7,341.21 7,341.21 10/25 BANK FEE - September 2018 67,920.05 67,920.05 10/25 STATE DISBURSEMENT UNIT - Child Support Payments 5,186.05 5,186.05 10/25 Workers Comp - City Account Transfer 36.00 36.00 10/25 Workers Comp - Fire Account Transfer 123.83 123.83 10/26 CALPERS - Fire - Retirement Account Deposit 140,193.71 140,193.71 10/26 CALPERS - Fire - Retirement Account Deposit 1,644.88 1,644.88 10/26 CALPERS - Fire - Retirement Account Deposit 2,528.21 2,528.21 10/26 CALPERS - Fire - Retirement Account Deposit 5,784.72 5,784.72 10/26 CALPERS - Fire - Retirement Account Deposit 8,202.95 8,202.95 10/26 CALPERS - Fire - Retirement Account Deposit 11,611.32 11,611.32 10/26 CALPERS - Fire - Retirement Account Deposit 109,035.04 109,035.04 10/26 Workers Comp - Fire Account Transfer 402.21 402.21 10/29 CALPERS - City - Retirement Account Deposit 45,247.56 45,247.56 10/29 CALPERS - City - Retirement Account Deposit 122,211.49 122,211.49 10/29 WIRE TRANSFER - To California ISO 2,192.06 2,192.06 10/29 Workers Comp - Fire Account Transfer 1,184.19 1,184.19 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Electronic Debit Register October 1, 2018 ‐ October 31, 2018 1 Page 22 DATE DESCRIPTION CITY FIRE AMOUNT CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Electronic Debit Register October 1, 2018 ‐ October 31, 2018 10/30 CALPERS - Fire - Retirement Account Deposit 300.00 300.00 10/30 Workers Comp - City Account Transfer 453.60 453.60 10/30 Workers Comp - Fire Account Transfer 1,387.08 1,387.08 10/31 Workers Comp - City Account Transfer 9,827.73 9,827.73 10/31 Workers Comp - Fire Account Transfer 451.48 451.48 TOTAL CITY 5,883,979.34 TOTAL FIRE 508,982.31 GRAND TOTAL 6,392,961.65 2 Page 23 D AT E : December 5, 2018 T O:P resident and Members of the B oard of D irectors F RO M :J ohn R . Gillison, C ity Manager INIT IAT E D B Y:I van R ojer, F ire Chief Mike McC liman, Deputy F ire C hief Ruth C ain, C P P B, Procurement Manager P amela Nibert, Management Analyst I I I S UB J E C T:C O NS ID E RAT I O N O F AN AWARD F O R T HE P URC HAS E O F O NE (1) F I RE B AT TAL I O N C O M M AND E M E RG E NC Y RE S P O NS E V E HI C L E F RO M D E RO T IC E M E RG E NC Y E Q UI P M E NT, O F S AC RAM E NT O, I N T HE AM O UNT O F $165,003. RE COMMENDAT ION: Staf f recommends the F ire B oard approve the award for the purchase of One (1) Battalion C ommand Emergency R esponse Vehicle f rom Derotic E mergency Equipment of S acramento, based on Results of R equest for Bid #18/19-115, in the amount of $165,003. BACKGROUND: T he new vehicle will replace unit #130-12 a 2011 Chevy S uburban (71,600 miles), which will go into reserve status. T he existing reserve, unit #86-05 (64,500 miles) will then be downstreamed to replace unit #84-00, a 2000 F ord E xplorer (89,481 miles). We will surplus the 2000 E xplorer. T he C hevy Suburban has been having electrical issues due to the draw required to operate new command equipment. T he new vehicle is capable of isolating the batteries without sending power back to the system while driving. T his allows us to run modern radios, wifi, and computers without fear of overloading the electrical system. Because we will surplus a 2000 F ord Explorer, this purchase will not increase the existing D istrict fleet. ANALY S IS: F ire D istrict staf f provided the Procurement Division with specifications f or one (1) F ire B attalion Command E mergency R esponse Vehicle. T he Procurement Division prepared and posted a formal Request f or B id (R F B ) #18/19-115 to Planet B ids. A total of One Hundred S ixty-F ive (165) vendors were notif ied and Nineteen (19) Prospective Bidders downloaded or reviewed the solicitation documentation. T hree (3) Bid responses were received. T he lowest vendor, was deemed non- responsive f or not meeting the D istrict's specifications. T he next lowest responsive vendor was Derotic E mergency Equipment of S acramento, C alif ornia. Page 24 S taff from t h e D is tric t a n d t h e Procurement Division conducted a tho ro ug h anal ys i s o f t h e R F B responses. I t was determined that the bid from D erotic E mergency Equipment meets all of the D istrict’s needs. T herefore, staff recommends the F ire B oard award a contract to Derotic E mergency E quipment f or the procurement of one (1) Fire B attalion C ommand E mergency Response Vehicle. All applicable bid documentation is on file in P lanet Bids, the C ity’s electronic procurement system and can be located trough the C ity’s website at www.cityofrc.us. I n analyzing the bid, the cost of the vehicle itself was approximately $50,000. We opted to change from a full-size S UV to a P /U truck chassis, so that we minimize cost and increase functionality. By replacing the S UV now, we will extend it's total lif e in service while f unctioning in a reserve capacity. T he remaining and majority share of the cost is related to the technological f unctions of the command center. T he vehicle will be equipped with what the industry standard is now and will be in the near future. FISCAL IMPACT: $150,000 is allocated for one (1) Fire Battalion Command E mergency R esponse Vehicle in the F Y8/19 Budget in F ire Protection Capital F und/C apital Outlay - Vehicles, A ccount number 3288501-5604. T he bid is $15,003 over the budgeted amount. However, there are sufficient f unds in Fire Protection C apital F und/Capital Outlay - Vehicles because the D istrict will not be able to complete the entire solicitation process for a new replacement fire engine in the current f iscal year. COUNCIL GOAL(S) ADDRE S S E D: T he award of this bid will f ulf ill the C ouncil goal of providing premiere public safety services to our community, by staying current with technological advances within our industry. Page 25 D AT E : December 5, 2018 T O:P resident and Members of the B oard of D irectors F RO M :J ohn R . Gillison, C ity Manager INIT IAT E D B Y:Robert Neiuber, Human R esources Director L ucy Alvarez-Nunez, Management A nalyst I S UB J E C T:C O NS ID E RAT I O N T O AP P RO V E A RE S O L UT IO N AD O P T I NG T HE S AL ARY S C HE D UL E S F O R F IS C AL Y E AR 2018/19. RE COMMENDAT ION: Staf f Recommends that the F ire B oard of the R ancho C ucamonga F ire P rotection D istrict adopt the attached resolution approving the F iscal Year 2018/19 salary schedules for job classifications employed by the F ire P rotection District. BACKGROUND: T he F ire Board traditionally adopts salary resolutions biannually f or those classifications employed by the F ire District. T hese resolutions are updated to reflect changes in salaries, additions, and deletions of classifications, changes in job titles and other terms of employment. ANALY S IS: Staf f recommends a change in the F ire S upport salary schedule to include a change in title from Management Analyst I to Community A ffairs S enior C oordinator to better ref lect the duties of the position and help with f uture recruitment ef f orts. T his change includes a revision to the job duties and an increase of 5% to the salary range. Based on the State of California minimum wage law, the resolution adopts changes to increase the part- time F ire C lerk position and the part-time F ire Prevention Assistant positions’ bottom steps to $12.00 per hour as of J anuary 1, 2019 in order to comply with the minimum wage increase. T he resolution adopts changes to the lower end of the F ire C lerk an F ire Prevention Assistant range. T he upper ranges of these positions remain unchanged. C lassif ications, job titles, and other terms of employment remain the same. FISCAL IMPACT: I t is anticipated that the J anuary 1, 2019 minimum wage changes will increase part-time costs by $1800 during the remainder of the 2018-2019 f iscal year. T hese cost increases were accounted for in the current fiscal year budget. Page 26 COUNCIL GOAL(S) ADDRE S S E D: E NHA NC I NG P R E MI E R C O MMUNI T Y S TAT US T he D istrict is responsible f or complying with minimum wage law requirements and ensuring that the R ancho Cucamonga F ire D istrict continues to be a premier employer f or the community. AT TAC HM E NT S : D escription Attachment 1 - R esolution F D 18-017 Attachment 2 - F ire Group Salary Schedules Page 27 RESOLUTION NO. FD 18-017 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE SALARY SCHEDULES FOR FISCAL YEAR 2018-19 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 District positions (Attachments 2 - 5) effective January 1, 2019. PASSED, APPROVED AND ADOPTED this 5th day of December, 2018. Page 28 L. Dennis Michael, President ATTEST: Janice C. Reynolds, Secretary I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a Regular Meeting of said Board held on the 5th day of December 2018. AYES: NOES: ABSENT: ABSTAINED: Executed this 5th day of December, 2018, at Rancho Cucamonga, California. Janice C. Reynolds, Secretary Page 29 Resolution No. FD 18- A B C D E F G FIRE CAPTAIN 28.19 29.60 31.08 32.63 34.27 35.98 37.78 Hourly 3,157.42 3,315.29 3,481.05 3,655.11 3,837.86 4,029.76 4,231.24 Bi-Weekly 6,841.07 7,183.13 7,542.28 7,919.40 8,315.37 8,731.14 9,167.69 Monthly FIRE CAPTAIN 28.19 29.60 31.08 32.63 34.27 35.98 37.78 Hourly SPECIALIST 3,157.42 3,315.29 3,481.05 3,655.11 3,837.86 4,029.76 4,231.24 Bi-Weekly 6,841.07 7,183.13 7,542.28 7,919.40 8,315.37 8,731.14 9,167.69 Monthly FIRE ENGINEER 24.03 25.23 26.49 27.82 29.21 30.67 32.20 Hourly 2,691.29 2,825.86 2,967.15 3,115.50 3,271.28 3,434.85 3,606.59 Bi-Weekly 5,831.13 6,122.69 6,428.82 6,750.26 7,087.78 7,442.17 7,814.28 Monthly FIREFIGHTER 21.00 22.05 23.15 24.31 25.53 26.80 28.14 Hourly 2,352.12 2,469.73 2,593.21 2,722.87 2,859.02 3,001.97 3,152.07 Bi-Weekly 5,096.26 5,351.08 5,618.63 5,899.56 6,194.55 6,504.27 6,829.49 Monthly FIRE INSPECTOR 24.03 25.23 26.49 27.82 29.21 30.67 32.20 Hourly 2,691.29 2,825.86 2,967.15 3,115.50 3,271.28 3,434.85 3,606.59 Bi-Weekly 5,831.13 6,122.69 6,428.82 6,750.26 7,087.78 7,442.17 7,814.28 Monthly FIELD TRAINING OFFICER 28.19 29.60 31.08 32.63 34.27 35.98 37.78 Hourly 3,157.42 3,315.29 3,481.05 3,655.11 3,837.86 4,029.76 4,231.24 Bi-Weekly 6,841.07 7,183.13 7,542.28 7,919.40 8,315.37 8,731.14 9,167.69 Monthly HAZARDOUS MATERIAL STIPEND (5% of Fire Engr. Step E) 1.46 1.46 1.46 1.46 1.46 1.46 1.46 Hourly 163.56 163.56 163.56 163.56 163.56 163.56 163.56 Bi-Weekly 354.39 354.39 354.39 354.39 354.39 354.39 354.39 Monthly PARAMEDIC STIPEND (13.92% of Fire Engr. Step E) 4.07 4.07 4.07 4.07 4.07 4.07 4.07 Hourly 455.36 455.36 455.36 455.36 455.36 455.36 455.36 Bi-Weekly 986.62 986.62 986.62 986.62 986.62 986.62 986.62 Monthly FIELD TRAINING OFFICER STIPEND (9.3% of Fire Capt. Step E) 3.19 3.19 3.19 3.19 3.19 3.19 3.19 Hourly 356.92 356.92 356.92 356.92 356.92 356.92 356.92 Bi-Weekly 773.33 773.33 773.33 773.33 773.33 773.33 773.33 Monthly TECHNICAL RESCUE STIPEND (5% of Fire Engr. Step E) 1.46 1.46 1.46 1.46 1.46 1.46 1.46 Hourly 163.56 163.56 163.56 163.56 163.56 163.56 163.56 Bi-Weekly 354.39 354.39 354.39 354.39 354.39 354.39 354.39 Monthly . TERRORISM LIAISON OFFICER STIPEND (2.5% of Fire Engr. Step E) 0.73 0.73 0.73 0.73 0.73 0.73 0.73 Hourly 81.78 81.78 81.78 81.78 81.78 81.78 81.78 Bi-Weekly 177.19 177.19 177.19 177.19 177.19 177.19 177.19 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 FIRE UNION ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES January 1, 2019 Attachment 2 Page 30 Resolution No. FD 18- ABCDEFGFIRE CHIEF77.53 81.41 85.48 89.75 94.24 98.95 103.90 Hourly6,202.47 6,512.59 6,838.23 7,180.14 7,539.14 7,916.10 8,311.91 Bi-Weekly13,438.69 14,110.62 14,816.16 15,556.96 16,334.80 17,151.55 18,009.13 MonthlyFIRE DEPUTY CHIEF63.61 66.79 70.13 73.64 77.32 81.19 85.25 Hourly5,088.97 5,343.42 5,610.59 5,891.12 6,185.68 6,494.97 6,819.72 Bi-Weekly11,026.11 11,577.42 12,156.28 12,764.09 13,402.31 14,072.43 14,776.06 MonthlyFIRE BATTALION CHIEF39.60 41.58 43.66 45.84 48.14 50.54Hourly(56 Hour Workweek) 4,435.32 4,657.09 4,889.94 5,134.44 5,391.16 5,660.72Bi-Weekly9,609.86 10,090.36 10,594.87 11,124.62 11,680.85 12,264.89 -MonthlyFIRE BATTALION CHIEF55.44 58.21 61.12 64.18 67.39 70.76 -Hourly(40 Hour Workweek) 4,435.32 4,657.09 4,889.94 5,134.44 5,391.16 5,660.72 -Bi-Weekly9,609.86 10,090.36 10,594.87 11,124.62 11,680.85 12,264.89 -MonthlyFIRE MARSHAL59.47 62.44 65.56 68.84 72.28 75.90 -Hourly4,757.32 4,995.19 5,244.95 5,507.20 5,782.56 6,071.69 -Bi-Weekly10,307.54 10,822.92 11,364.06 11,932.27 12,528.88 13,155.32 -MonthlyBATTALION CHIEF TRAINING OFFICER STIPEND (7.26% of 40 hr BC Current Step)4.03 4.23 4.44 4.66 4.89 5.14 - Hourly322.00 338.10 355.01 372.76 391.40 410.97 - Bi-Weekly697.68 732.56 769.19 807.65 848.03 890.43 - MonthlyAttachment 3FIRE MANAGEMENT EMPLOYEES GROUPSALARY SCHEDULE AS OF JANUARY 1, 2019Page 31 Resolution No. FD 18- A B C D E F COMMUNICATIONS TECHNICIAN 24.87 26.11 27.42 28.79 30.23 31.74 Hourly 1,989.60 2,089.08 2,193.53 2,303.21 2,418.37 2,539.28 Bi-Weekly 4,310.79 4,526.35 4,752.65 4,990.28 5,239.81 5,501.78 Monthly COMMUNITY AFFAIRS SENIOR 29.86 31.36 32.92 34.57 36.30 38.11 Hourly COORDINATOR 2,388.99 2,508.44 2,633.86 2,765.55 2,903.83 3,049.02 Bi-Weekly 5,176.14 5,434.95 5,706.69 5,992.03 6,291.63 6,606.21 Monthly EMERGENCY MANAGEMENT 35.60 37.38 39.24 41.21 43.27 45.43 Hourly COORDINATOR 2,847.68 2,990.07 3,139.57 3,296.55 3,461.38 3,634.45 Bi-Weekly 6,169.98 6,478.48 6,802.40 7,142.52 7,499.65 7,874.63 Monthly EMERGENCY MEDICAL SERVICES 48.41 50.83 53.38 56.04 58.85 61.79 Hourly ADMINISTRATOR 3,873.03 4,066.68 4,270.01 4,483.51 4,707.69 4,943.08 Bi-Weekly 8,391.56 8,811.13 9,251.69 9,714.28 10,200.00 10,710.00 Monthly FIRE EQUIPMENT APPRENTICE 18.95 19.90 20.89 21.94 23.03 24.18 Hourly MECHANIC 1,515.89 1,591.68 1,671.26 1,754.83 1,842.57 1,934.70 Bi-Weekly 3,284.42 3,448.64 3,621.07 3,802.13 3,992.23 4,191.85 Monthly FIRE EQUIPMENT LEAD MECHANIC 26.11 27.42 28.79 30.23 31.74 33.33 Hourly 2,089.08 2,193.53 2,303.21 2,418.37 2,539.29 2,666.26 Bi-Weekly 4526.34 4752.65 4990.28 5239.8 5501.79 5,776.89 Monthly FIRE EQUIPMENT MECHANIC 23.69 24.87 26.11 27.42 28.79 30.23 Hourly 1,894.86 1,989.60 2,089.08 2,193.53 2,303.21 2,418.37 Bi-Weekly 4,105.52 4,310.79 4,526.34 4,752.65 4,990.29 5,239.81 Monthly FIRE INFORMATION SYSTEMS 23.60 24.78 26.02 27.32 28.69 30.12 Hourly TECHNICIAN 1,887.94 1,982.34 2,081.46 2,185.53 2,294.81 2,409.54 Bi-Weekly 4,090.54 4,295.06 4,509.82 4,735.31 4,972.08 5,220.68 Monthly FIRE PREVENTION SPECIALIST 24.98 26.23 27.54 28.92 30.37 31.88 Hourly INSPECTION I 1,998.54 2,098.23 2,203.38 2,313.55 2,429.24 2,550.70 Bi-Weekly 4,330.16 4,546.17 4,774.00 5,012.70 5,263.35 5,526.51 Monthly FIRE PREVENTION SPECIALIST 27.54 28.92 30.37 31.88 33.48 35.15 Hourly INSPECTION II 2,203.38 2,313.55 2,429.23 2,550.70 2,678.23 2,812.14 Bi-Weekly 4,774.00 5,012.70 5,263.34 5,526.52 5,802.84 6,092.98 Monthly FIRE PREVENTION SUPERVISOR 31.34 32.90 34.55 36.28 38.09 39.99 Hourly 2,506.90 2,632.24 2,763.85 2,902.04 3,047.15 3,199.50 Bi-Weekly 5,431.61 5,703.18 5,988.34 6,287.76 6,602.15 6,932.26 Monthly FIRE SHOP SUPERVISOR 31.34 32.90 34.55 36.28 38.09 39.99 Hourly 2,506.90 2,632.24 2,763.85 2,902.04 3,047.15 3,199.50 Bi-Weekly 5,431.61 5,703.18 5,988.34 6,287.76 6,602.15 6,932.26 Monthly SALARY SCHEDULE AS OF JANUARY 1, 2019 FIRE SUPPORT SERVICES ASSOCIATION Attachment 4 Page 32 A B C D E F MAINTENANCE OFFICER 35.62 37.40 39.27 41.23 43.29 45.46 Hourly 2,849.44 2,991.91 3,141.51 3,298.59 3,463.52 3,636.70 Bi-Weekly 6,173.79 6,482.48 6,806.61 7,146.94 7,504.30 7,879.52 Monthly MANAGEMENT AIDE 24.50 25.73 27.02 28.37 29.78 31.27 Hourly 1,960.28 2,058.30 2,161.21 2,269.27 2,382.74 2,501.87 Bi-Weekly 4,247.28 4,459.64 4,682.63 4,916.76 5,162.60 5,420.73 Monthly MANAGEMENT ANALYST I 28.44 29.86 31.36 32.92 34.57 36.30 Hourly 2,275.23 2,388.99 2,508.44 2,633.86 2,765.55 2,903.83 Bi-Weekly 4,929.66 5,176.14 5,434.95 5,706.70 5,992.03 6,291.63 Monthly MANAGEMENT ANALYST II 32.68 34.32 36.03 37.84 39.73 41.71 Hourly 2,614.68 2,745.42 2,882.68 3,026.82 3,178.16 3,337.07 Bi-Weekly 5,665.15 5,948.40 6,245.81 6,558.12 6,886.02 7,230.32 Monthly MANAGEMENT ANALYST III 35.60 37.38 39.24 41.21 43.27 45.43 Hourly 2,847.68 2,990.07 3,139.57 3,296.55 3,461.38 3,634.45 Bi-Weekly 6,169.98 6,478.48 6,802.40 7,142.52 7,499.65 7,874.63 Monthly OFFICE SERVICES CLERK 17.19 18.05 18.96 19.91 20.90 21.95 Hourly 1,375.59 1,444.37 1,516.59 1,592.41 1,672.04 1,755.64 Bi-Weekly 2,980.44 3,129.46 3,285.94 3,450.23 3,622.74 3,803.88 Monthly OFFICE SPECIALIST I 15.56 16.34 17.16 18.02 18.92 19.87 Hourly 1,245.18 1,307.44 1,372.82 1,441.46 1,513.53 1,589.21 Bi-Weekly 2,697.90 2,832.80 2,974.43 3,123.16 3,279.31 3,443.28 Monthly OFFICE SPECIALIST II 17.19 18.05 18.96 19.91 20.90 21.95 Hourly 1,375.59 1,444.37 1,516.59 1,592.41 1,672.04 1,755.64 Bi-Weekly 2,980.44 3,129.46 3,285.94 3,450.23 3,622.74 3,803.88 Monthly PLANS EXAMINER - FIRE 32.72 34.36 36.07 37.88 39.77 41.76 Hourly 2,617.55 2,748.42 2,885.85 3,030.61 3,181.64 3,340.72 Bi-Weekly 5,671.35 5,954.92 6,252.67 6,566.32 6,893.55 7,238.23 Monthly PUBLIC EDUCATION 27.54 28.92 30.37 31.88 33.48 35.15 Hourly SPECIALIST 2,203.38 2,313.55 2,429.23 2,550.70 2,678.23 2,812.14 Bi-Weekly 4,774.00 5,012.70 5,263.34 5,526.52 5,802.84 6,092.98 Monthly SECRETARY 19.47 20.44 21.46 22.54 23.66 24.85 Hourly 1,557.35 1,635.22 1,716.97 1,802.82 1,892.96 1,987.62 Bi-Weekly 3,374.25 3,542.97 3,720.11 3,906.12 4,101.42 4,306.50 Monthly SENIOR ADMINISTRATIVE 24.98 26.23 27.54 28.92 30.36 31.88 Hourly SECRETARY 1,998.48 2,098.40 2,203.32 2,313.49 2,429.17 2,550.63 Bi-Weekly 4,330.05 4,546.54 4,773.87 5,012.57 5,263.20 5,526.36 Monthly FIRE SUPPORT SERVICES ASSOCIATION SALARY SCHEDULE AS OF JANUARY 1, 2019 Attachment 4 Page 33 Resolution No. FD 18- 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 12.00 12.00 12.13 12.73 13.37 14.04 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 12.00 12.00 12.13 12.73 13.37 14.04 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 I 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 I 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 Attachment 5 SALARY SCHEDULE AS OF JANUARY 1, 2019 FIRE DISTRICT PART-TIME HOURLY Page 34 Resolution No. FD 18-017 A B C D E F G FIRE CAPTAIN 28.76 30.19 31.70 33.29 34.95 36.70 38.53 Hourly 3,220.57 3,381.60 3,550.67 3,728.21 3,914.62 4,110.35 4,315.87 Bi-Weekly 6,977.89 7,326.79 7,693.13 8,077.79 8,481.68 8,905.76 9,351.04 Monthly FIRE CAPTAIN 28.76 30.19 31.70 33.29 34.95 36.70 38.53 Hourly SPECIALIST 3,220.57 3,381.60 3,550.67 3,728.21 3,914.62 4,110.35 4,315.87 Bi-Weekly 6,977.89 7,326.79 7,693.13 8,077.79 8,481.68 8,905.76 9,351.04 Monthly FIRE ENGINEER 24.51 25.74 27.02 28.37 29.79 31.28 32.85 Hourly 2,745.12 2,882.37 3,026.49 3,177.81 3,336.71 3,503.54 3,678.72 Bi-Weekly 5,947.75 6,245.14 6,557.40 6,885.27 7,229.54 7,591.01 7,970.57 Monthly FIREFIGHTER 21.42 22.49 23.62 24.80 26.04 27.34 28.71 Hourly 2,399.16 2,519.12 2,645.08 2,777.33 2,916.20 3,062.01 3,215.11 Bi-Weekly 5,198.19 5,458.10 5,731.00 6,017.55 6,318.44 6,634.36 6,966.08 Monthly FIRE INSPECTOR 24.51 25.74 27.02 28.37 29.79 31.28 32.85 Hourly 2,745.12 2,882.37 3,026.49 3,177.81 3,336.71 3,503.54 3,678.72 Bi-Weekly 5,947.75 6,245.14 6,557.40 6,885.27 7,229.54 7,591.01 7,970.57 Monthly FIELD TRAINING OFFICER 28.76 30.19 31.70 33.29 34.95 36.70 38.53 Hourly 3,220.57 3,381.60 3,550.67 3,728.21 3,914.62 4,110.35 4,315.87 Bi-Weekly 6,977.89 7,326.79 7,693.13 8,077.79 8,481.68 8,905.76 9,351.04 Monthly HAZARDOUS MATERIAL STIPEND (5% of Fire Engr. Step E) 1.49 1.46 1.46 1.46 1.46 1.46 1.46 Hourly 166.84 166.84 166.84 166.84 166.84 166.84 166.84 Bi-Weekly 361.48 361.48 361.48 361.48 361.48 361.48 361.48 Monthly PARAMEDIC STIPEND (13.92% of Fire Engr. Step E) 4.15 4.07 4.07 4.07 4.07 4.07 4.07 Hourly 464.47 464.47 464.47 464.47 464.47 464.47 464.47 Bi-Weekly 1,006.35 1,006.35 1,006.35 1,006.35 1,006.35 1,006.35 1,006.35 Monthly FIELD TRAINING OFFICER STIPEND (9.3% of Fire Capt. Step E) 3.25 3.19 3.19 3.19 3.19 3.19 3.19 Hourly 364.06 364.06 364.06 364.06 364.06 364.06 364.06 Bi-Weekly 788.80 788.80 788.80 788.80 788.80 788.80 788.80 Monthly TECHNICAL RESCUE STIPEND (5% of Fire Engr. Step E) 1.49 1.46 1.46 1.46 1.46 1.46 1.46 Hourly 166.84 166.84 166.84 166.84 166.84 166.84 166.84 Bi-Weekly 361.48 361.48 361.48 361.48 361.48 361.48 361.48 Monthly . TERRORISM LIAISON OFFICER STIPEND (2.5% of Fire Engr. Step E) 0.74 0.73 0.73 0.73 0.73 0.73 0.73 Hourly 83.42 83.42 83.42 83.42 83.42 83.42 83.42 Bi-Weekly 180.74 180.74 180.74 180.74 180.74 180.74 180.74 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 FIRE UNION ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES January 1, 2019 Attachment 2 UPDATED - DISTRIBUTED 12/5/18 Resolution No. FD 18- 017 A B C D E F G FIRE CHIEF 79.08 83.04 87.19 91.55 96.12 100.93 105.98 Hourly 6,326.52 6,642.85 6,974.99 7,323.74 7,689.92 8,074.42 8,478.14 Bi-Weekly 13,707.46 14,392.83 15,112.48 15,868.10 16,661.50 17,494.58 18,369.31 Monthly FIRE DEPUTY CHIEF 64.88 68.13 71.54 75.11 78.87 82.81 86.95 Hourly 5,190.75 5,450.29 5,722.80 6,008.94 6,309.40 6,624.87 6,956.11 Bi-Weekly 11,246.63 11,808.97 12,399.41 13,019.37 13,670.36 14,353.88 15,071.58 Monthly FIRE BATTALION CHIEF 40.39 42.41 44.53 46.76 49.10 51.55 Hourly (56 Hour Workweek)4,524.03 4,750.23 4,987.74 5,237.13 5,498.98 5,773.93 Bi-Weekly 9,802.06 10,292.17 10,806.77 11,347.11 11,914.47 12,510.19 -Monthly FIRE BATTALION CHIEF 56.55 59.38 62.35 65.46 68.74 72.17 -Hourly (40 Hour Workweek)4,524.03 4,750.23 4,987.74 5,237.13 5,498.98 5,773.93 -Bi-Weekly 9,802.06 10,292.17 10,806.77 11,347.11 11,914.47 12,510.19 -Monthly FIRE MARSHAL 60.66 63.69 66.87 70.22 73.73 77.41 -Hourly 4,852.47 5,095.10 5,349.85 5,617.35 5,898.21 6,193.12 -Bi-Weekly 10,513.69 11,039.38 11,591.34 12,170.92 12,779.46 13,418.43 -Monthly BATTALION CHIEF TRAINING OFFICER STIPEND (7.26% of 40 hr BC Current Step) 4.11 4.31 4.53 4.75 4.99 5.24 -Hourly 328.44 344.87 362.11 380.22 399.23 419.19 -Bi-Weekly 711.63 747.21 784.57 823.80 864.99 908.24 -Monthly Attachment 3 FIRE MANAGEMENT EMPLOYEES GROUP SALARY SCHEDULE AS OF January 1, 2019 Resolution No. FD 18-017 A B C D E F COMMUNICATIONS TECHNICIAN 25.37 26.64 27.97 29.37 30.83 32.38 Hourly 2,029.39 2,130.86 2,237.40 2,349.27 2,466.74 2,590.07 Bi-Weekly 4,397.01 4,616.86 4,847.70 5,090.09 5,344.59 5,611.82 Monthly COMMUNITY AFFAIRS SENIOR 31.98 33.58 35.26 37.02 38.87 40.82 Hourly COORDINATOR 2,558.60 2,686.54 2,820.86 2,961.91 3,110.00 3,265.50 Bi-Weekly 5,279.66 5543.65 5820.83 6111.87 6417.46 6738.33 Monthly EMERGENCY MEDICAL SERVICES 49.38 51.85 54.44 57.16 60.02 63.02 Hourly ADMINISTRATOR 3,950.49 4,148.01 4,355.41 4,573.18 4,801.84 5,041.93 Bi-Weekly 8,559.39 8,987.36 9,436.73 9,908.56 10,403.99 10,924.19 Monthly FIRE EQUIPMENT APPRENTICE 19.33 20.29 21.31 22.37 23.49 24.67 Hourly MECHANIC 1,546.20 1,623.51 1,704.69 1,789.93 1,879.42 1,973.39 Bi-Weekly 3,350.11 3,517.62 3,693.50 3,878.17 4,072.08 4,275.68 Monthly FIRE EQUIPMENT LEAD MECHANIC 26.64 27.97 29.37 30.83 32.38 33.99 Hourly 2,130.86 2,237.41 2,349.28 2,466.74 2,590.08 2,719.58 Bi-Weekly 4616.87 4847.71 5090.10 5344.60 5611.83 5892.43 Monthly FIRE EQUIPMENT MECHANIC 24.16 25.37 26.64 27.97 29.37 30.83 Hourly 1,932.75 2,029.39 2,130.86 2,237.40 2,349.27 2,466.74 Bi-Weekly 4,187.63 4397.01 4616.86 4847.71 5090.09 5344.59 Monthly FIRE INFORMATION SYSTEMS 24.07 25.27 26.54 27.87 29.26 30.72 Hourly TECHNICIAN 1,925.70 2,021.99 2,123.08 2,229.24 2,340.70 2,457.74 Bi-Weekly 4,172.35 4380.97 4600.02 4830.02 5071.52 5325.09 Monthly FIRE PREVENTION SPECIALIST 25.48 26.76 28.09 29.50 30.97 32.52 Hourly INSPECTION I 2,038.50 2,140.43 2,247.45 2,359.82 2,477.82 2,601.71 Bi-Weekly 4,416.76 4637.60 4869.48 5112.95 5368.60 5637.03 Monthly FIRE PREVENTION SPECIALIST 28.09 29.50 30.97 32.52 34.15 35.85 Hourly INSPECTION II 2,247.45 2,359.82 2,477.82 2,601.71 2,731.79 2,868.38 Bi-Weekly 4,869.48 5112.95 5368.60 5637.03 5918.88 6214.83 Monthly FIRE PREVENTION SUPERVISOR 31.96 33.56 35.24 37.00 38.85 40.79 Hourly 2,557.03 2,684.89 2,819.13 2,960.09 3,108.09 3,263.50 Bi-Weekly 5,540.24 5817.25 6108.11 6413.52 6734.20 7070.91 Monthly FIRE SHOP SUPERVISOR 31.96 33.56 35.24 37.00 38.85 40.79 Hourly 2,557.03 2,684.89 2,819.13 2,960.09 3,108.09 3,263.50 Bi-Weekly 5,540.24 5817.25 6108.11 6413.52 6734.20 7070.91 Monthly SALARY SCHEDULE AS OF January 1, 2019 FIRE SUPPORT SERVICES ASSOCIATION Attachment 4 A B C D E F MAINTENANCE OFFICER 36.33 38.15 40.05 42.06 44.16 46.37 Hourly 2,906.43 3,051.75 3,204.34 3,364.56 3,532.79 3,709.43 Bi-Weekly 6,297.27 6612.13 6942.74 7289.88 7654.37 8037.09 Monthly MANAGEMENT AIDE 24.99 26.24 27.56 28.93 30.38 31.90 Hourly 1,999.49 2,099.47 2,204.44 2,314.66 2,430.39 2,551.91 Bi-Weekly 4,332.23 4548.84 4776.28 5015.10 5265.85 5529.15 Monthly MANAGEMENT ANALYST I 29.01 30.46 31.98 33.58 35.26 37.02 Hourly 2,320.73 2,436.77 2,558.61 2,686.54 2,820.86 2,961.91 Bi-Weekly 5,028.25 5279.66 5543.65 5820.83 6111.87 6417.46 Monthly MANAGEMENT ANALYST II 33.34 35.00 36.75 38.59 40.52 42.55 Hourly 2,666.98 2,800.33 2,940.34 3,087.36 3,241.73 3,403.81 Bi-Weekly 5,778.45 6067.37 6370.74 6689.28 7023.74 7374.93 Monthly MANAGEMENT ANALYST III 36.31 38.12 40.03 42.03 44.13 46.34 Hourly 2,904.64 3,049.87 3,202.36 3,362.48 3,530.60 3,707.13 Bi-Weekly 6,293.38 6608.05 6938.45 7285.37 7649.64 8032.12 Monthly OFFICE SERVICES CLERK 17.54 18.42 19.34 20.30 21.32 22.38 Hourly 1,403.10 1,473.26 1,546.92 1,624.26 1,705.48 1,790.75 Bi-Weekly 3,040.05 3192.05 3351.66 3519.24 3695.20 3879.96 Monthly OFFICE SPECIALIST I 15.88 16.67 17.50 18.38 19.30 20.26 Hourly 1,270.09 1,333.59 1,400.27 1,470.29 1,543.80 1,620.99 Bi-Weekly 2,751.86 2889.45 3033.93 3185.62 3344.90 3512.15 Monthly OFFICE SPECIALIST II 17.54 18.42 19.34 20.30 21.32 22.38 Hourly 1,403.10 1,473.26 1,546.92 1,624.26 1,705.48 1,790.75 Bi-Weekly 3,040.05 3192.05 3351.66 3519.24 3695.20 3879.96 Monthly PLANS EXAMINER - FIRE 33.37 35.04 36.79 38.63 40.57 42.59 Hourly 2,669.90 2,803.39 2,943.56 3,090.74 3,245.28 3,407.54 Bi-Weekly 5,784.78 6074.02 6377.72 6696.61 7031.44 7383.01 Monthly PUBLIC EDUCATION 28.09 29.50 30.97 32.52 34.15 35.85 Hourly SPECIALIST 2,247.45 2,359.82 2,477.82 2,601.71 2,731.79 2,868.38 Bi-Weekly 4,869.48 5112.95 5368.60 5637.03 5918.88 6214.83 Monthly SECRETARY 19.86 20.85 21.89 22.99 24.14 25.34 Hourly 1,588.50 1,667.92 1,751.32 1,838.88 1,930.83 2,027.37 Bi-Weekly 3,441.74 3613.83 3794.52 3984.24 4183.46 4392.63 Monthly SENIOR ADMINISTRATIVE 25.48 26.75 28.09 29.50 30.97 32.52 Hourly SECRETARY 2,038.45 2,140.38 2,247.40 2,359.77 2,477.75 2,601.64 Bi-Weekly 4,416.65 4637.48 4869.36 5112.82 5368.47 5636.89 Monthly FIRE SUPPORT SERVICES ASSOCIATION SALARY SCHEDULE AS OF JANUARY 1, 2019 Attachment 4 Resolution No. FD 18-017 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 12.00 12.00 12.13 12.73 13.37 14.04 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 12.00 12.00 12.13 12.73 13.37 14.04 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 I 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 I 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 Attachment 5 SALARY SCHEDULE AS OF JANUARY 1, 2019 FIRE DISTRICT PART-TIME HOURLY UPDATED Resolution No. FD 18-017 A B C D E F COMMUNICATIONS TECHNICIAN 25.37 26.64 27.97 29.37 30.83 32.38 Hourly 2,029.39 2,130.86 2,237.40 2,349.27 2,466.74 2,590.07 Bi-Weekly 4,397.01 4,616.86 4,847.70 5,090.09 5,344.59 5,611.82 Monthly COMMUNITY AFFAIRS SENIOR 30.46 31.98 33.58 35.26 37.02 38.88 Hourly COORDINATOR 2,558.61 2,558.61 2,686.54 2,820.86 2,961.91 3,110.00 Bi-Weekly 5,279.66 5,543.65 5,820.83 6,111.87 6,417.46 6,738.34 Monthly EMERGENCY MEDICAL SERVICES 49.38 51.85 54.44 57.16 60.02 63.02 Hourly ADMINISTRATOR 3,950.49 4,148.01 4,355.41 4,573.18 4,801.84 5,041.93 Bi-Weekly 8,559.39 8,987.36 9,436.73 9,908.56 10,403.99 10,924.19 Monthly FIRE EQUIPMENT APPRENTICE 19.33 20.29 21.31 22.37 23.49 24.67 Hourly MECHANIC 1,546.20 1,623.51 1,704.69 1,789.93 1,879.42 1,973.39 Bi-Weekly 3,350.11 3,517.62 3,693.50 3,878.17 4,072.08 4,275.68 Monthly FIRE EQUIPMENT LEAD MECHANIC 26.64 27.97 29.37 30.83 32.38 33.99 Hourly 2,130.86 2,237.41 2,349.28 2,466.74 2,590.08 2,719.58 Bi-Weekly 4616.87 4847.71 5090.10 5344.60 5611.83 5892.43 Monthly FIRE EQUIPMENT MECHANIC 24.16 25.37 26.64 27.97 29.37 30.83 Hourly 1,932.75 2,029.39 2,130.86 2,237.40 2,349.27 2,466.74 Bi-Weekly 4,187.63 4397.01 4616.86 4847.71 5090.09 5344.59 Monthly FIRE INFORMATION SYSTEMS 24.07 25.27 26.54 27.87 29.26 30.72 Hourly TECHNICIAN 1,925.70 2,021.99 2,123.08 2,229.24 2,340.70 2,457.74 Bi-Weekly 4,172.35 4380.97 4600.02 4830.02 5071.52 5325.09 Monthly FIRE PREVENTION SPECIALIST 25.48 26.76 28.09 29.50 30.97 32.52 Hourly INSPECTION I 2,038.50 2,140.43 2,247.45 2,359.82 2,477.82 2,601.71 Bi-Weekly 4,416.76 4637.60 4869.48 5112.95 5368.60 5637.03 Monthly FIRE PREVENTION SPECIALIST 28.09 29.50 30.97 32.52 34.15 35.85 Hourly INSPECTION II 2,247.45 2,359.82 2,477.82 2,601.71 2,731.79 2,868.38 Bi-Weekly 4,869.48 5112.95 5368.60 5637.03 5918.88 6214.83 Monthly FIRE PREVENTION SUPERVISOR 31.96 33.56 35.24 37.00 38.85 40.79 Hourly 2,557.03 2,684.89 2,819.13 2,960.09 3,108.09 3,263.50 Bi-Weekly 5,540.24 5817.25 6108.11 6413.52 6734.20 7070.91 Monthly FIRE SHOP SUPERVISOR 31.96 33.56 35.24 37.00 38.85 40.79 Hourly 2,557.03 2,684.89 2,819.13 2,960.09 3,108.09 3,263.50 Bi-Weekly 5,540.24 5817.25 6108.11 6413.52 6734.20 7070.91 Monthly SALARY SCHEDULE AS OF January 1, 2019 FIRE SUPPORT SERVICES ASSOCIATION Attachment 4 A B C D E F MAINTENANCE OFFICER 36.33 38.15 40.05 42.06 44.16 46.37 Hourly 2,906.43 3,051.75 3,204.34 3,364.56 3,532.79 3,709.43 Bi-Weekly 6,297.27 6612.13 6942.74 7289.88 7654.37 8037.09 Monthly MANAGEMENT AIDE 24.99 26.24 27.56 28.93 30.38 31.90 Hourly 1,999.49 2,099.47 2,204.44 2,314.66 2,430.39 2,551.91 Bi-Weekly 4,332.23 4548.84 4776.28 5015.10 5265.85 5529.15 Monthly MANAGEMENT ANALYST I 29.01 30.46 31.98 33.58 35.26 37.02 Hourly 2,320.73 2,436.77 2,558.61 2,686.54 2,820.86 2,961.91 Bi-Weekly 5,028.25 5279.66 5543.65 5820.83 6111.87 6417.46 Monthly MANAGEMENT ANALYST II 33.34 35.00 36.75 38.59 40.52 42.55 Hourly 2,666.98 2,800.33 2,940.34 3,087.36 3,241.73 3,403.81 Bi-Weekly 5,778.45 6067.37 6370.74 6689.28 7023.74 7374.93 Monthly MANAGEMENT ANALYST III 36.31 38.12 40.03 42.03 44.13 46.34 Hourly 2,904.64 3,049.87 3,202.36 3,362.48 3,530.60 3,707.13 Bi-Weekly 6,293.38 6608.05 6938.45 7285.37 7649.64 8032.12 Monthly OFFICE SERVICES CLERK 17.54 18.42 19.34 20.30 21.32 22.38 Hourly 1,403.10 1,473.26 1,546.92 1,624.26 1,705.48 1,790.75 Bi-Weekly 3,040.05 3192.05 3351.66 3519.24 3695.20 3879.96 Monthly OFFICE SPECIALIST I 15.88 16.67 17.50 18.38 19.30 20.26 Hourly 1,270.09 1,333.59 1,400.27 1,470.29 1,543.80 1,620.99 Bi-Weekly 2,751.86 2889.45 3033.93 3185.62 3344.90 3512.15 Monthly OFFICE SPECIALIST II 17.54 18.42 19.34 20.30 21.32 22.38 Hourly 1,403.10 1,473.26 1,546.92 1,624.26 1,705.48 1,790.75 Bi-Weekly 3,040.05 3192.05 3351.66 3519.24 3695.20 3879.96 Monthly PLANS EXAMINER - FIRE 33.37 35.04 36.79 38.63 40.57 42.59 Hourly 2,669.90 2,803.39 2,943.56 3,090.74 3,245.28 3,407.54 Bi-Weekly 5,784.78 6074.02 6377.72 6696.61 7031.44 7383.01 Monthly PUBLIC EDUCATION 28.09 29.50 30.97 32.52 34.15 35.85 Hourly SPECIALIST 2,247.45 2,359.82 2,477.82 2,601.71 2,731.79 2,868.38 Bi-Weekly 4,869.48 5112.95 5368.60 5637.03 5918.88 6214.83 Monthly SECRETARY 19.86 20.85 21.89 22.99 24.14 25.34 Hourly 1,588.50 1,667.92 1,751.32 1,838.88 1,930.83 2,027.37 Bi-Weekly 3,441.74 3613.83 3794.52 3984.24 4183.46 4392.63 Monthly SENIOR ADMINISTRATIVE 25.48 26.75 28.09 29.50 30.97 32.52 Hourly SECRETARY 2,038.45 2,140.38 2,247.40 2,359.77 2,477.75 2,601.64 Bi-Weekly 4,416.65 4637.48 4869.36 5112.82 5368.47 5636.89 Monthly FIRE SUPPORT SERVICES ASSOCIATION SALARY SCHEDULE AS OF JANUARY 1, 2019 Attachment 4 D AT E : December 5, 2018 T O:Mayor and Members of the City Council F RO M :J ohn R . Gillison, C ity Manager INIT IAT E D B Y:L inda A. Troyan, C ity C lerk Services D irector S UB J E C T:C O NS ID E RAT I O N O F M E E T ING M I NUT E S : S P E C IAL M E E T I NG O F NO V E M B E R 7, 2018 RE COMMENDAT ION: Staf f recommends approval of the November 7, 2018 S pecial Meeting Minutes. BACKGROUND: N/A ANALY S IS: N/A FISCAL IMPACT: N/A COUNCIL GOAL(S) ADDRE S S E D: N/A AT TAC HM E NT S : D escription Minutes Page 35 November 7, 2018 CITY OF RANCHO CUCAMONGA SPECIAL MEETING OF THE CITY COUNCIL November 7, 2018 | City Council | Special Meeting Minutes | Page 1 of 1 CALL TO ORDER A special meeting of the City of Rancho Cucamonga City Council was held on Wednesday, November 7, 2018, in the Council Chambers at City Hall located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor L. Dennis Michael called the meeting to order at 3:00 p.m. Mayor Michael led the Pledge of Allegiance. Present were Council Members: Bill Alexander, Diane Williams, Sam Spagnolo and Mayor L. Dennis Michael. Absent: Mayor Pro Tem Lynne Kennedy Also present were: John Gillison, City Manager; Matt Burris Deputy City Manager/Economic and Community Development; and Linda Troyan, City Clerk Services Director. PUBLIC COMMUNICATIONS No communication was made from the public. C. ITEMS OF DISCUSSION 1. Interviews for One Vacancy on the Historic Preservation/Planning Commission and Selection. Council confirmed interview questions and the following candidate was interviewed: 3:10 PM – Bryan Dopp Earlier that day, candidate Jenna Myles advised staff that she was no longer interested in the position. After conclusion of the interview, City Council was in favor to appoint Bryan Dopp to fill the vacancy created by Commissioner Rich Macias. MOTION: Moved by Council Member Spagnolo, seconded by Council Member Alexander, to appoint Bryan Dopp to the Planning Commission for a term ending December 31, 2019. Motion carried 4-0-1; Mayor Pro Tem Kennedy, Absent. ADJOURNMENT The meeting adjourned at 3:40 p.m. Respectfully submitted, ________________________________ Linda A. Troyan, MMC City Clerk Services Director Approved: ***** Page 36 D AT E : December 5, 2018 T O:Mayor and Members of the City Council F RO M :J ohn R . Gillison, C ity Manager INIT IAT E D B Y:Tamara L ayne, F inance D irector S UB J E C T:C O NS ID E RAT I O N T O AP P RO V E B I-WE E K LY PAY RO L L I N T HE AM O UNT O F $2,791,008.98 AND WE E K LY C HE C K RE G IS T E RS IN T HE AM O UNT O F $7,852,251.60 D AT E D NO V E M B E R 06, 2018 T HRO UG H NO V E M B E R 26, 2018 AND E L E C T RO NI C D E B IT RE G I S T E R F O R T HE M O NT H O F O C T O B E R I N T HE AM O UNT O F $5,883,979.34. RE COMMENDAT ION: Staf f recommends City Council approve payment of demands as presented. BACKGROUND: N/A ANALY S IS: N/A FISCAL IMPACT: Adequate budgeted funds are available for the payment of demands per the attached listing. COUNCIL GOAL(S) ADDRE S S E D: N/A AT TAC HM E NT S : D escription Attachment 1 Check Register Attachment 1 E lectronic Register Page 37 AmountFireCityVendor NameCheck Date 11/6/2018 through 11/26/2018 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND CITY OF RANCHO CUCAMONGA Check No. 20,196.990.0020,196.99CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA11/07/201800008455AP 1,842.000.001,842.00RCCEA11/07/201800008456AP 11,986.100.0011,986.10RCPFA11/07/201800008457AP 3,135,746.000.003,135,746.00SAN BERNARDINO CTY SHERIFFS DEPT11/07/201800008458AP 8,592.570.008,592.57US DEPARTMENT OF ENERGY11/07/201800008459AP 20,700.000.0020,700.00EDF TRADING NORTH AMERICA LLC11/14/201800008460AP 6,909.000.006,909.00RIVERSIDE, CITY OF11/14/201800008461AP 32.000.0032.00SAN BERNARDINO COUNTY11/14/201800008462AP 73,312.460.0073,312.46TANKO LIGHTING11/14/201800008463AP 13,240.000.0013,240.00CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA11/20/201800008464AP 1,835.500.001,835.50RCCEA11/20/201800008465AP 11,986.100.0011,986.10RCPFA11/20/201800008466AP 89,935.840.0089,935.84RE ASTORIA 2 LLC11/20/201800008467AP 316,755.800.00316,755.80SARGENT TOWN PLANNING INC11/20/201800008468AP 214,968.750.00214,968.75SHELL ENERGY NORTH AMERICA11/20/201800008469AP 0.010.000.01AUDITOR-CONTROLLER/TREASURER/TAX COLLECTOR11/06/201800395408AP 53.030.0053.03A AND R TIRE SERVICE11/07/201800395409AP 5,764.700.005,764.70ABLE BUILDING MAINTENANCE11/07/201800395410AP 24,661.680.0024,661.68ABSOLUTE SECURITY INTERNATIONAL INC11/07/201800395411AP 40.970.0040.97AFLAC GROUP INSURANCE11/07/201800395412AP 4,000.000.004,000.00AGENCY FOR THE PERFORMING ARTS INC.11/07/201800395413AP 307.500.00307.50ALL CITIES PARTY RENTALS LLC11/07/201800395414AP 507.55507.550.00ALL CITIES TOOLS11/07/201800395415AP 400.000.00400.00ALTA VISTA MOBILE HOME PARK11/07/201800395416AP 205.50205.500.00AMERICAN SCALE CO INC11/07/201800395417AP 3,370.740.003,370.74AMTECH ELEVATOR SERVICES11/07/201800395418AP 4,607.500.004,607.50ASSI SECURITY11/07/201800395419AP 86.4686.460.00AT&T MOBILITY11/07/201800395420AP 7,728.000.007,728.00AUFBAU CORPORATION11/07/201800395421AP 58.660.0058.66AUTO AND RV SPECIALISTS INC.11/07/201800395422AP 313.050.00313.05AVID MICROSHIP ID SYSTEM11/07/201800395423AP 82.110.0082.11B AND K ELECTRIC WHOLESALE11/07/201800395424AP 50,685.750.0050,685.75BANNER BANK11/07/201800395425AP 459.000.00459.00BELTRAN, OSBALDO ALVARADO11/07/201800395426AP 3,430.510.003,430.51BIG EVENTS INC11/07/201800395427AP 2,183.980.002,183.98BLUM ELECTRIC11/07/201800395428AP 2,925.670.002,925.67BOOT BARN INC.11/07/201800395429AP 123,908.940.00123,908.94BRIGHTVIEW LANDSCAPE SERVICES INC.11/07/201800395430AP 17,500.000.0017,500.00BUD FORREST ENTERTAINMENT INC.11/07/201800395431AP 2,997.782,997.780.00C V W D11/07/201800395432AP ***86,440.591,438.9585,001.64C V W D11/07/201800395435AP 600.000.00600.00CA LLC - 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VERONICA LOPEZ Page:8 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 45 AmountFireCityVendor NameCheck Date 11/6/2018 through 11/26/2018 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND CITY OF RANCHO CUCAMONGA Check No. 1,162.010.001,162.01A-Z GOLF CART SPECIALISTS INC.11/20/201800395785AP 119.440.00119.44ACEY DECY EQUIPMENT INC.11/20/201800395786AP 1,294.900.001,294.90ACTION AWARDS INC.11/20/201800395787AP 1,074.500.001,074.50ADVANCED CHEMICAL TRANSPORT11/20/201800395788AP 7,424.600.007,424.60AFLAC GROUP INSURANCE11/20/201800395789AP 764.120.00764.12ARROW TRAILER SUPPLIES INC11/20/201800395790AP 2,190.000.002,190.00ASSI SECURITY11/20/201800395791AP 481.000.00481.00BEHAVIOR ANALYSIS TRAINING INSTITUTE11/20/201800395792AP 207.150.00207.15C V W D11/20/201800395793AP ***95,701.571,915.1893,786.39C V W D11/20/201800395797AP 254.140.00254.14CAL PERS LONG TERM CARE11/20/201800395798AP 100.000.00100.00CALIFORNIA, STATE OF11/20/201800395799AP 8.440.008.44CALIFORNIA, STATE OF11/20/201800395800AP 250.000.00250.00CALIFORNIA, STATE OF11/20/201800395801AP 252.000.00252.00CARTY, DIANE11/20/201800395802AP 257.500.00257.50CORELOGIC SOLUTIONS LLC11/20/201800395803AP 3,013.210.003,013.21DAISY11/20/201800395804AP 185.000.00185.00DANIELS, NOAH11/20/201800395805AP 10,000.000.0010,000.00ROJO, DAVID11/20/201800395806AP 180.240.00180.24DIRECTV11/20/201800395807AP 92.400.0092.40DUNN, ANN MARIE11/20/201800395808AP 1,834.280.001,834.28ECOHERO SHOW LLC, THE11/20/201800395809AP 7,659.000.007,659.00EMPLOYMENT DEVELOPMENT DEPT.11/20/201800395810AP 4,398.340.004,398.34EP CONTAINER CORP.11/20/201800395811AP 52.000.0052.00EXPERIAN11/20/201800395812AP ***1,315.01405.27909.74FRONTIER COMM11/20/201800395813AP 425.000.00425.00GEOGRAPHICS11/20/201800395814AP 4,264.940.004,264.94GRIFFIN STRUCTURES INC11/20/201800395815AP 100.000.00100.00HARO, APRIL11/20/201800395816AP 578.000.00578.00HENKELS MCCOY INC11/20/201800395817AP 103.750.00103.75HENSEN, JO11/20/201800395818AP 852.000.00852.00HERITAGE EDUCATION GROUP11/20/201800395819AP 403.110.00403.11HOME DEPOT CREDIT SERVICES 64511/20/201800395820AP 50.000.0050.00INLAND DESERT SECURITY & COMMUNICATIONS INC11/20/201800395821AP 23,000.000.0023,000.00INLAND PACIFIC BALLET11/20/201800395822AP 2,605.090.002,605.09IRON MOUNTAIN OSDP11/20/201800395823AP 100.000.00100.00JACQUEZ, RICARDO11/20/201800395824AP 2,133.000.002,133.00JOHNNY ALLEN TENNIS ACADEMY11/20/201800395825AP 90.000.0090.00KEITH, JORRY11/20/201800395826AP 49.600.0049.60KNIGHT, AMANDA11/20/201800395827AP 75.180.0075.18KWAPINSKI, SASHA11/20/201800395828AP 5,391.940.005,391.94LEVEL 3 COMMUNICATIONS LLC11/20/201800395829AP 457.940.00457.94LIFE ASSIST INC11/20/201800395830AP 450.000.00450.00LITTLE BEAR PRODUCTIONS11/20/201800395831AP ***8,002.172,598.395,403.78LOWES COMPANIES INC.11/20/201800395834AP 11.990.0011.99MACLEOD, SYNNOVA11/20/201800395835AP 129.710.00129.71MARRUFO, JOANNA11/20/201800395836AP 08:00:35 11/27/2018Current Date:VLOPEZ - VERONICA LOPEZ Page:9 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 46 AmountFireCityVendor NameCheck Date 11/6/2018 through 11/26/2018 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND CITY OF RANCHO CUCAMONGA Check No. 1,270.800.001,270.80MARSHALL, SYLVIA11/20/201800395837AP 5,000.000.005,000.00MEHTA, SHAAN11/20/201800395838AP 119.370.00119.37METROLINK11/20/201800395839AP 584.730.00584.73MIDWEST TAPE11/20/201800395840AP 1,740.000.001,740.00MINDFUL LIFE11/20/201800395841AP 154.000.00154.00MUSICLAND11/20/201800395842AP 277.200.00277.20MUSICSTAR11/20/201800395843AP 722.700.00722.70MY CLOSET SHOETIQUE11/20/201800395844AP 92.5692.560.00NAPA AUTO PARTS11/20/201800395845AP 714.000.00714.00NICHOLS, GARY11/20/201800395846AP 12,165.500.0012,165.50NINYO & MOORE11/20/201800395847AP 515.620.00515.62OCCUPATIONAL HEALTH CTRS OF CA11/20/201800395848AP 57.470.0057.47OCLC INC11/20/201800395849AP 15,440.000.0015,440.00ONWARD ENGINEERING11/20/201800395850AP 450.000.00450.00ORIEL, JASMIN11/20/201800395851AP 127,445.000.00127,445.00PACIFIC UTILITY INSTALLATION INC11/20/201800395852AP 66.980.0066.98PRE-PAID LEGAL SERVICES INC11/20/201800395853AP 2,119.100.002,119.10PROMOTIONS TEES & MORE11/20/201800395854AP 520.000.00520.00PUBLIC SAFETY ALLIANCE LLC11/20/201800395855AP 2,397.500.002,397.50RANCHO CUCAMONGA COMMUNITY & ARTS11/20/201800395856AP 324.00324.000.00RASMUSSEN, STEVEN11/20/201800395857AP 787.44787.440.00RESCUE RESPONSE GEAR LLC11/20/201800395858AP 258.870.00258.87SAMS CLUB/SYNCHRONY BANK11/20/201800395859AP 100.000.00100.00SAN ANTONIO HOSPITAL FOUNDATION11/20/201800395860AP 250.000.00250.00SAN BERNARDINO CTY FIRE PROTECTION DISTRICT11/20/201800395861AP 500.000.00500.00SAN BERNARDINO CTY SUPERINTENDENT OF SCHOOLS11/20/201800395862AP 1,565.010.001,565.01SBPEA11/20/201800395863AP 190.000.00190.00SCMAF INLAND VALLEYS11/20/201800395864AP 100.000.00100.00SHERIFFS COURT SERVICES11/20/201800395865AP 310.300.00310.30SHOETERIA11/20/201800395866AP 223.000.00223.00SHRED PROS11/20/201800395867AP 626.34626.340.00SIGTRONICS CORPORATION11/20/201800395868AP 2,512.882,512.880.00SOCAL PPE11/20/201800395869AP 250.000.00250.00SOSA, SHOVAN11/20/201800395870AP 3,594.050.003,594.05SOUTHERN CALIFORNIA EDISON11/20/201800395872AP 11,012.940.0011,012.94SOUTHERN CALIFORNIA EDISON11/20/201800395873AP 11,699.310.0011,699.31SOUTHERN CALIFORNIA EDISON11/20/201800395874AP 10,660.010.0010,660.01SOUTHERN CALIFORNIA EDISON11/20/201800395875AP 12,008.780.0012,008.78SOUTHERN CALIFORNIA EDISON11/20/201800395876AP 9,518.710.009,518.71SOUTHERN CALIFORNIA EDISON11/20/201800395877AP 405.190.00405.19SOUTHERN CALIFORNIA EDISON11/20/201800395878AP 3,000.000.003,000.00SPECIAL SERVICES GROUP LLC11/20/201800395879AP 121.95121.950.00SPRINT11/20/201800395880AP 916.740.00916.74SYSCO LOS ANGELES INC11/20/201800395881AP 1,415.000.001,415.00THEATRE COMPANY, THE11/20/201800395882AP 34,225.000.0034,225.00TORTI GALLAS AND PARTNERS INC11/20/201800395883AP 666.000.00666.00TSAI, THOMAS11/20/201800395884AP 08:00:35 11/27/2018Current Date:VLOPEZ - VERONICA LOPEZ Page:10 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 47 AmountFireCityVendor NameCheck Date 11/6/2018 through 11/26/2018 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND CITY OF RANCHO CUCAMONGA Check No. 181.250.00181.25U S LEGAL SUPPORT INC11/20/201800395885AP 93.000.0093.00UNITED WAY11/20/201800395886AP 9,763.160.009,763.16VELOCITY TRUCK CENTERS11/20/201800395887AP 131.970.00131.97VERA, CARA11/20/201800395888AP 5,066.000.005,066.00VERIZON WIRELESS - LA11/20/201800395893AP 128.320.00128.32VERIZON WIRELESS - LA11/20/201800395894AP 4,771.610.004,771.61VERIZON WIRELESS - LA11/20/201800395895AP 6,338.450.006,338.45VICTOR MEDICAL COMPANY11/20/201800395896AP 360.000.00360.00VISION COMMUNICATIONS CO11/20/201800395897AP 11,357.090.0011,357.09VISION SERVICE PLAN CA11/20/201800395898AP 134.690.00134.69VOHNE LICHE KENNELS INC11/20/201800395899AP 390.470.00390.47WELLNESS TOGETHER11/20/201800395900AP 432.000.00432.00WESTERN UNIVERSITY OF HEALTH SCIENCE11/20/201800395901AP 2,122.500.002,122.50WHITE HOUSE PHOTO INC11/20/201800395902AP 30,000.000.0030,000.00WLPX DAY CREEK LLC11/20/201800395903AP 298.380.00298.38XEROX FINANCIAL SERVICES11/20/201800395904AP 244.060.00244.06ZOETIS US LLC11/20/201800395905AP 40.970.0040.97AFLAC GROUP INSURANCE11/20/201800395906AP 7,383.630.007,383.63AFLAC GROUP INSURANCE11/20/201800395907AP 1,750.000.001,750.00FOOTHILL FAMILY SHELTER11/20/201800395908AP 3,238.000.003,238.00FOOTHILL FAMILY SHELTER11/20/201800395909AP 510.000.00510.00INDERWIESCHE, MATT11/20/201800395910AP 616.220.00616.22ABC LOCKSMITHS11/21/201800395911AP 941.76941.760.00AIRGAS USA LLC11/21/201800395912AP 648.790.00648.79APPLIED CONCEPTS11/21/201800395913AP 4,721.370.004,721.37BIBLIOTHECA LLC11/21/201800395914AP 65.970.0065.97CALSENSE11/21/201800395915AP 194.38194.380.00CITRUS MOTORS ONTARIO INC11/21/201800395916AP 1,223.910.001,223.91DIAMOND ENVIRONMENTAL SERVICES11/21/201800395917AP 1,031.890.001,031.89EMCOR SERVICE11/21/201800395918AP 320.000.00320.00INLAND VALLEY DAILY BULLETIN11/21/201800395919AP 868.11868.110.00KME FIRE APPARATUS11/21/201800395920AP 893.890.00893.89MINUTEMAN PRESS11/21/201800395921AP ***6,038.971,284.284,754.69OFFICE DEPOT11/21/201800395922AP ***2,325.27163.052,162.22ORKIN PEST CONTROL11/21/201800395923AP 4,592.280.004,592.28PIONEER MANUFACTURING11/21/201800395924AP ***165.9438.79127.15PSA PRINT GROUP11/21/201800395925AP 210.11210.110.00SAFETY KLEEN SYSTEMS INC11/21/201800395926AP 36,163.420.0036,163.42SIEMENS INDUSTRY INC11/21/201800395927AP 7,234.340.007,234.34SIMPLOT PARTNERS11/21/201800395928AP 247.950.00247.95SITEONE LANDSCAPE SUPPLY LLC11/21/201800395929AP 3,340.250.003,340.25STOVER SEED COMPANY11/21/201800395930AP 13.890.0013.89THOMPSON PLUMBING SUPPLY INC11/21/201800395931AP 364.930.00364.93THOMSON REUTERS WEST PUBLISHING CORP11/21/201800395932AP ***2,703.70542.162,161.54CALIFORNIA DPT OF TAX & FEE ADMINISTRATION11/26/201800395933AP 08:00:35 11/27/2018Current Date:VLOPEZ - VERONICA LOPEZ Page:11 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 48 AmountFireCityVendor NameCheck Date 11/6/2018 through 11/26/2018 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND CITY OF RANCHO CUCAMONGA Check No. $7,968,921.58 $116,669.98 Note: Grand Total: Total Fire: $7,852,251.60Total City: *** Check Number includes both City and Fire District expenditures 08:00:35 11/27/2018Current Date:VLOPEZ - VERONICA LOPEZ Page:12 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 49 DATE DESCRIPTION CITY FIRE AMOUNT 10/1 Workers Comp - Fire Account Transfer 580.00 580.00 10/2 WIRE TRANSFER - To California ISO 4,641.90 4,641.90 10/2 Workers Comp - City Account Transfer 1,446.17 1,446.17 10/2 Workers Comp - Fire Account Transfer 7,785.39 7,785.39 10/3 U.S. BANK - Purchasing Card Payment - September 2018 39,661.37 7,947.40 47,608.77 10/3 U.S. BANK - Corporate Card Payment - September 2018 90,061.02 16,014.03 106,075.05 10/3 U.S. BANK - Costco Card Payment - September 2018 2,011.80 384.45 2,396.25 10/3 Workers Comp - City Account Transfer 691.78 691.78 10/3 Workers Comp - Fire Account Transfer 7,406.94 7,406.94 10/4 Workers Comp - City Account Transfer 203.43 203.43 10/4 Workers Comp - Fire Account Transfer 175.65 175.65 10/9 WIRE TRANSFER - To California ISO 87,348.10 87,348.10 10/9 Workers Comp - Fire Account Transfer 439.23 439.23 10/10 STATE DISBURSEMENT UNIT - Child Support Payments 2,211.00 2,211.00 10/10 STATE DISBURSEMENT UNIT - Child Support Payments 4,948.04 4,948.04 10/11 CALPERS - City - Retirement Account Deposit 1,869.43 1,869.43 10/11 CALPERS - City - Retirement Account Deposit 45,183.28 45,183.28 10/11 CALPERS - City - Retirement Account Deposit 122,677.60 122,677.60 10/11 CALPERS - Fire - Retirement Account Deposit 1,630.76 1,630.76 10/11 CALPERS - Fire - Retirement Account Deposit 2,660.11 2,660.11 10/11 CALPERS - Fire - Retirement Account Deposit 5,784.72 5,784.72 10/11 CALPERS - Fire - Retirement Account Deposit 8,202.95 8,202.95 10/11 CALPERS - Fire - Retirement Account Deposit 11,855.64 11,855.64 10/11 CALPERS - Fire - Retirement Account Deposit 109,144.62 109,144.62 10/11 Workers Comp - City Account Transfer 2,395.78 2,395.78 10/11 Workers Comp - Fire Account Transfer 1,654.43 1,654.43 10/12 WIRE TRANSFER - To JP Morgan Chase - Escrow Deposit - Haven 260,000.00 260,000.00 10/12 Workers Comp - City Account Transfer 2,097.38 2,097.38 10/12 Workers Comp - Fire Account Transfer 3,291.29 3,291.29 10/15 WIRE TRANSFER - To California ISO 5,937.84 5,937.84 10/15 Workers Comp - City Account Transfer 1,737.76 1,737.76 10/15 Workers Comp - Fire Account Transfer 8,061.66 8,061.66 10/17 Workers Comp - City Account Transfer 295.35 295.35 10/18 Workers Comp - City Account Transfer 3,666.75 3,666.75 10/18 Workers Comp - Fire Account Transfer 11,332.06 11,332.06 10/19 WIRE TRANSFER - To California ISO 10,891.73 10,891.73 10/19 WIRE TRANSFER - To CoAmerica Bank - Final Payment - Haven 4,945,908.88 4,945,908.88 10/19 Workers Comp - City Account Transfer 1,892.70 1,892.70 10/19 Workers Comp - Fire Account Transfer 1,762.61 1,762.61 10/22 Workers Comp - Fire Account Transfer 2,543.45 2,543.45 10/24 STATE DISBURSEMENT UNIT - Child Support Payments 2,211.00 2,211.00 10/24 Workers Comp - City Account Transfer 1,048.80 1,048.80 10/24 Workers Comp - Fire Account Transfer 7,341.21 7,341.21 10/25 BANK FEE - September 2018 67,920.05 67,920.05 10/25 STATE DISBURSEMENT UNIT - Child Support Payments 5,186.05 5,186.05 10/25 Workers Comp - City Account Transfer 36.00 36.00 10/25 Workers Comp - Fire Account Transfer 123.83 123.83 10/26 CALPERS - Fire - Retirement Account Deposit 140,193.71 140,193.71 10/26 CALPERS - Fire - Retirement Account Deposit 1,644.88 1,644.88 10/26 CALPERS - Fire - Retirement Account Deposit 2,528.21 2,528.21 10/26 CALPERS - Fire - Retirement Account Deposit 5,784.72 5,784.72 10/26 CALPERS - Fire - Retirement Account Deposit 8,202.95 8,202.95 10/26 CALPERS - Fire - Retirement Account Deposit 11,611.32 11,611.32 10/26 CALPERS - Fire - Retirement Account Deposit 109,035.04 109,035.04 10/26 Workers Comp - Fire Account Transfer 402.21 402.21 10/29 CALPERS - City - Retirement Account Deposit 45,247.56 45,247.56 10/29 CALPERS - City - Retirement Account Deposit 122,211.49 122,211.49 10/29 WIRE TRANSFER - To California ISO 2,192.06 2,192.06 10/29 Workers Comp - Fire Account Transfer 1,184.19 1,184.19 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Electronic Debit Register October 1, 2018 ‐ October 31, 2018 1 Page 50 DATE DESCRIPTION CITY FIRE AMOUNT CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Electronic Debit Register October 1, 2018 ‐ October 31, 2018 10/30 CALPERS - Fire - Retirement Account Deposit 300.00 300.00 10/30 Workers Comp - City Account Transfer 453.60 453.60 10/30 Workers Comp - Fire Account Transfer 1,387.08 1,387.08 10/31 Workers Comp - City Account Transfer 9,827.73 9,827.73 10/31 Workers Comp - Fire Account Transfer 451.48 451.48 TOTAL CITY 5,883,979.34 TOTAL FIRE 508,982.31 GRAND TOTAL 6,392,961.65 2 Page 51 D AT E : December 5, 2018 T O:Mayor and Members of the City Council F RO M :J ohn R . Gillison, C ity Manager INIT IAT E D B Y:Tamara L . L ayne, F inance D irector S UB J E C T:C O NS ID E RAT I O N O F T HE AD O P T IO N O F A RE S O L UT I O N S E T T ING A P UB L I C HE ARI NG RE G ARD I NG T HE F I NANC ING O F T HE D E S IG N, C O NS T RUC T I O N AND AC Q UI S I T I O N O F A F IB E R O P T IC S NE T WO RK . RE COMMENDAT ION: Staf f recommends that the C ity Council adopt a resolution setting a public hearing regarding the financing of the design, construction and acquisition of a fiber optics network. BACKGROUND: At its September 20, 2017 meeting, the C ity C ouncil adopted the City’s Fiber Optic Master P lan that was prepared by Magellan Advisors. The Master Plan showed that the opportunity to provide gigabit broadband service is important not only in positioning the City for f uture economic development, but to attract businesses and commerce into the City. A s noted in the staff report, P hase 1 of the Master P lan incorporates several important objectives including: Establishing a formal memorandum of understanding with a private broadband provider to partner with the C ity in establishing and marketing the proposed broadband utility (approved by C ity Council at its March 21, 2018 meeting); Beginning the first phase of the network design in repurposing existing assets and filling in gaps in our network infrastructure (in process); and I mplementing a six-year capital investment plan in which the conduit gaps between the C ity and traf f ic conduits will be connected, interconnect to the C ity’s new data center and expand the conduit infrastructure to key strategic areas throughout the City (in process). I n furtherance of the F iber O ptic Master P lan, the C ity plans to f inance the acquisition, design, construction, and equipping of a fiber optic network (the “Project”) throughout the C ity. I t is proposed that approximately $13.5 million (representing Phase 1 of the P roject) of the estimated $21.6 million aggregate price to acquire, design, construct and equip the Project be f unded f rom the proceeds of the proposed 2019 L ease Revenue B onds (F iber Optic Network P roject) (the “B onds”). A portion of the B onds will be issued as tax-exempt obligations. ANALY S IS: T he City plans to finance the acquisition, design, construction, and equipping of a fiber optics network (the “P roject”) throughout the City. I t is proposed that the Rancho C ucamonga Public F inancing Authority (the “A uthority”) will issue its proposed 2019 L ease R evenue B onds (F iber Optics Project) (the “B onds”) to finance the P roject. T he Bonds will be issued under the J oint E xercise of P owers A ct, Government Code Section 6500 et. seq. (the “Act”). S ections 6586 and 6586.5 of the A ct state that the City may participate in the f inancing with the A uthority so long as it (1) makes a determination that the f inancing will provide Page 52 signif icant public benefits such as: (a) demonstrable savings in the effective interest rate, bond preparation, bond underwriting and/or bond issuance costs; or (b) more ef f icient delivery of local agency services to residential and commercial development; or (c) employment benef its f rom undertaking the Project in a timely f ashion; or (d) more ef f icient delivery of local agency services to residential and commercial development; and (2) calls a public hearing. City staff believes that the Project will allow for more efficient delivery of City services to residential and commercial development. FISCAL IMPACT: No fiscal impact from this action. COUNCIL GOAL(S) ADDRE S S E D: T he implementation of the F iber O ptic Master P lan will enhance the C ity’s position as the premier community in our region by expanding the availability of high speed broadband services to businesses within the program’s service area. Page 53 D AT E : December 5, 2018 T O:Mayor and Members of the City Council F RO M :J ohn R . Gillison, C ity Manager INIT IAT E D B Y:W illiam W ittkopf , P ublic Works S ervices Director Dean R odia, P arks and L andscape S uperintendent Ruth C ain, C P P B, Procurement Manager P aul F isher, Management A nalyst I S UB J E C T:C O NS ID E RAT I O N T O AWARD A C O NT RAC T T O WE S T C O AS T ARB O RIS T S, INC . F O R C IT Y WID E T RE E M AI NT E NANC E S E RV IC E S . RE COMMENDAT ION: Staf f recommends the C ity C ouncil award and authorize the execution of a contract f or “C itywide Tree Maintenance Services” with West C oast A rborists, I nc., effective J anuary 1, 2019 for an eighteen (18) month term with an option to renew for one (1) year increments up to a total of six (6) additional years, in an amount not to exceed $857,400, for the remainder of F Y 2018/2019 and an annual amount not to exceed $1,153,400 f or F Y 2019/2020 through F Y 2025/2026. BACKGROUND: T he P ublic Works S ervices Department routinely goes out f or request f or proposals to ensure vendor services remain competitive. P ublic Works staff updated the “Citywide Tree Maintenance S ervices” contract to include newer terminology, service level specifications, and better compliance language. W ith these changes to the scope of service, rebidding this contract brings it more in line with current requirements and f und resources, while providing the best value for the community. T he scope of services for this contract include, but is not limited to, pruning, removals, stump grinding, planting, staking, pest control, f ertilizing, watering, emergency response, and arborist services for City owned and maintained trees in all L MD s, C F Ds, General F und and P D 85 Parkways, Medians, P arks, Paseos, and C ity F acilities. ANALY S IS: Public Works staff provided the detailed specif ications f or Citywide Tree Maintenance Services to the Procurement Division. T he P rocurement Division prepared and posted f ormal R F P #18/19-007 to P lanet Bids. There were two hundred and f orty-three (243) notif ied vendors, eighteen (18) prospective bidders downloaded or viewed the bid package, and there were f our (4) responses received, of which three (3) were non-responsive. Public Works and P rocurement staf f have reviewed the sole responsive proposal. West C oast A rborists, I nc. meets the C ity’s requirements and needs. T heref ore, staf f recommends C ity Council award a contract to West Coast Arborists, I nc. of A naheim, effective J anuary 1, 2019 f or an eighteen (18) month term with Page 54 an option to renew in one (1) year increments up to a total of six (6) additional years, in an amount not to exceed $857,400, f or the remainder of F Y 2018/2019 and an annual amount not to exceed $1,153,400 for F Y 2019/2020 through F Y 2025/2026, contingent on approval of the F Y 2019/2020 and f uture budgets. FISCAL IMPACT: T he contract price f or routine monthly maintenance will remain the same compared to the current contracts for F Y 2017/2018. T he new contract rates are within the proposed contract services budget line items in the various General and L andscape Maintenance District f unds f or F Y 2018/2019. COUNCIL GOAL(S) ADDRE S S E D: T his program addresses the C ity Council goal f or Enhancing P remier Community S tatus by ensuring that the City’s Urban F orest is maintained in a healthy and structurally saf e condition. A properly managed urban forest is a valuable asset providing aesthetically pleasing living and healthy environments for today’s community and future generations to come. AT TAC HM E NT S : D escription Attachment 1 - Project C ontract Page 55 CITY OF RANCHO CUCAMONGA PUBLIC WORKS SERVICES DEPARTMENT CONTRACT CITYWIDE TREE MAINTENANCE SERVICES AWARD DATE: Wednesday, December 5, 2018 Attachment 1 - Project Contract Page 56 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 1 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this 5th day of December 2018, by and between the City of Rancho Cucamonga, a municipal corporation (“City”) and West Coast Arborists, a tree maintenance contractor (“Contractor”). RECITALS A. City has heretofore issued its request for proposals to perform the following services: Citywide Tree Maintenance Services (RFP 18/19-007) (“the Project”). B. Contractor has submitted a proposal to perform the services described in Recital “A”, above, necessary to complete the Project. C. City desires to engage Contractor to complete the Project in the manner set forth and more fully described herein. D. Contractor represents that it is fully qualified and licensed under the laws of the State of California to perform the services contemplated by this Agreement in a good and professional manner. AGREEMENT NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: 1. Contractor’s Services. 1.1 Scope and Level of Services. Subject to the terms and conditions set forth in this Agreement, City hereby engages Contractor to perform all services described in Recitals “A” and “B” above, including, but not limited to pruning, removals, stump grinding, planting, staking, pest control, fertilizing, watering, emergency response, arborist services, inventory and banner hanging work; all as more fully set forth in RFP 18/19-007, attached hereto as Exhibit A, Contractor’s proposal, dated September 15, 2018, attached hereto as Exhibit B, and Contractor’s Best and Final Offer attached hereto as Exhibit C, hereinafter entitled “Scope of Work”, and incorporated by reference herein. The nature, scope, and level of the services required to be performed by Contractor are set forth in the Scope of Work and are referred to herein as “the Services.” In the event of any inconsistencies between the Scope of Work and this Agreement, the terms and provisions of this Agreement shall control. 1.2 Revisions to Scope of Work. Upon request of the City the Contractor will promptly meet with City staff to discuss any revisions to the Project desired by the City. Contractor agrees that the Scope of Work may be amended based upon said meetings, and, by Page 57 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 2 amendment to this Agreement, the parties may agree on a revision or revisions to Contractor’s compensation based thereon. A revision pursuant to this Section that does not increase the total cost payable to Contractor by more than ten percent (10%) of the total compensation specified in Section 3, may be approved in writing by City’s Manager without amendment. 1.3 Time for Performance. Contractor shall perform all services under this Agreement in a timely, regular basis consistent with industry standards for professional skill and care, and in accordance with any schedule of performance set forth in the Scope of Work, or as set forth in a “Schedule of Performance”, if such Schedule is attached hereto as Exhibit “N/A”. 1.4 Standard of Care. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing the Services. 1.5 Familiarity with Services. By executing this Agreement, Contractor represents that, to the extent required by the standard of practice, Contractor (a) has investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. Contractor represents that Contractor, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of services, Contractor shall immediately inform City of such fact and shall not proceed except at Contractor’s risk until written instructions are received from the City Representative. 2. Term of Agreement. The term of this Agreement shall be eighteen (18) months(s) and shall become effective as of the date of the mutual execution by way of both party’s signature (the “Effective Date”) through June 30, 2020. No work shall be conducted; service or goods will not be provided until this Agreement has been executed and requirements have been fulfilled. Parties to this Agreement shall have the option to renew in one (1) year increments to a total of six (6) additional years, unless sooner terminated as provided in Section 14 herein. Options to renew are contingent upon the City Manager’s approval, subject to pricing review, and in accordance to all Terms and Conditions stated herein unless otherwise provided in writing by the City. 3. Compensation. 3.1 Compensation. City shall compensate Contractor as set forth in Exhibit C, provided, however, that full, total and complete amount payable to Contractor shall not exceed $857,500 (Eight Hundred Fifty Seven Thousand, Five Hundred Dollars) for services during the City’s Fiscal Year 2018/2019 ending June 30, 2019 and shall not exceed $1,153,400 Page 58 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 3 (One Million, One Hundred Fifty Three Thousand, Four Hundred Dollars) for services during the City’s Fiscal Year 2019/2020 ending June 30, 2020, including all out of pocket expenses, unless additional compensation is approved by the City Manager or City Council. City shall not withhold any federal, state or other taxes, or other deductions. However, City shall withhold not more than ten percent (10%) of any invoice amount pending receipt of any deliverables reflected in such invoice. Under no circumstance shall Contractor be entitled to compensation for services not yet satisfactorily performed. The parties further agree that compensation may be adjusted in accordance with Section 1.2 to reflect subsequent changes to the Scope of Services. City shall compensate Contractor for any authorized extra services as set forth in Exhibit C. 4. Method of Payment. 4.1 Invoices. Contractor shall submit to City monthly invoices for the Services performed pursuant to this Agreement. The invoices shall describe in detail the Services rendered during the period and shall separately describe any authorized extra services. Any invoice claiming compensation for extra services shall include appropriate documentation of prior authorization of such services. All invoices shall be remitted to the City of Rancho Cucamonga, California. 4.2 City shall review such invoices and notify Contractor in writing within ten (10) business days of any disputed amounts. 4.3 City shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the not-to-exceed amounts set forth in Section 3. 4.4 All records, invoices, time cards, cost control sheets and other records maintained by Contractor relating to services hereunder shall be available for review and audit by the City. 5. Representatives. 5.1 City Representative. For the purposes of this Agreement, the contract administrator and City representative shall be William Wittkopf, Public Works Services Director, or such other person as designated in writing by the City (“City Representative”). It shall be Contractor’s responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and Contractor shall refer any decisions that must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative. 5.2 Contractor Representative. For the purposes of this Agreement, Patrick Mahoney, President, is hereby designated as the principal and representative of Contractor authorized to act in its behalf with respect to the services specified herein and make all decisions in connection Page 59 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 4 therewith (“Contractor’s Representative”). It is expressly understood that the experience, knowledge, capability and reputation of the Contractor’s Representative were a substantial inducement for City to enter into this Agreement. Therefore, the Contractor’s Representative shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. Contractor may not change the Responsible Principal without the prior written approval of City. 6. Contractor’s Personnel. 6.1 All Services shall be performed by Contractor or under Contractor’s direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City business license as required by the City’s Municipal Code. 6.2 Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the standard of care set forth in Section 1.4. 6.3 Contractor shall be responsible for payment of all employees’ and subcontractors’ wages and benefits, and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security. By its execution of this Agreement, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 6.4 Contractor shall indemnify, defend and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Contractor’s violations of personnel practices and/or any violation of the California Labor Code. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Ownership of Work Product. 7.1 Ownership. All documents, ideas, concepts, electronic files, drawings, photographs and any and all other writings, including drafts thereof, prepared, created or provided by Contractor in the course of performing the Services, including any and all intellectual and proprietary rights arising from the creation of the same (collectively, “Work Product”), are considered to be “works made for hire” for the benefit of the City. Upon payment being made, and provided Contractor is not in breach of this Agreement, all Work Product shall be and remain the property of City without restriction or limitation upon its use or Page 60 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 5 dissemination by City. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by Contractor under this Agreement shall, upon request, be made available to City. None of the Work Product shall be the subject of any common law or statutory copyright or copyright application by Contractor. In the event of the return of any of the Work Product to Contractor or its representative, Contractor shall be responsible for its safe return to City. Under no circumstances shall Contractor fail to deliver any draft or final designs, plans, drawings, reports or specifications to City upon written demand by City for their delivery, notwithstanding any disputes between Contractor and City concerning payment, performance of the contract, or otherwise. This covenant shall survive the termination of this Agreement. City’s reuse of the Work Product for any purpose other than the Project, shall be at City’s sole risk. 7.2. Assignment of Intellectual Property Interests: Upon execution of this Agreement and to the extent not otherwise conveyed to City by Section 7.1, above, the Contractor shall be deemed to grant and assign to City , and shall require all of its subcontractors to assign to City , all ownership rights, and all common law and statutory copyrights, trademarks, and other intellectual and proprietary property rights relating to the Work Product and the Project itself, and Contractor shall disclaim and retain no rights whatsoever as to any of the Work Product, to the maximum extent permitted by law. City shall be entitled to utilize the Work Product for any and all purposes, including but not limited to constructing, using, maintaining, altering, adding to, restoring, rebuilding and publicizing the Project or any aspect of the Project. 7.3 Title to Intellectual Property. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of the Work Product and/or materials produced under this Agreement, and that City has full legal title to and the right to reproduce any of the Work Product. Contractor shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City’s use is violating federal, state or local laws, or any contractual provisions, relating to trade names, licenses, franchises, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, software, equipment, devices or processes used or incorporated in the Services and materials produced under this Agreement. In the event City’s use of any of the Work Product is held to constitute an infringement and any use thereof is enjoined, Contractor, at its expense, shall: (a) secure for City the right to continue using the Work Product by suspension of any injunction or by procuring a license or licenses for City; or (b) modify the Work Product so that it becomes non- infringing. This covenant shall survive the termination of this Agreement. 8. Status as Independent Contractor. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor Page 61 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 6 any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and to defend, indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees 9. Confidentiality. Contractor may have access to financial, accounting, statistical, and personnel data of individuals and City employees. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are confidential and shall not be disclosed by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Contractor’s covenant under this Section shall survive the termination of this Agreement. This provision shall not apply to information in whatever form that is in the public domain, nor shall it restrict the Contractor from giving notices required by law or complying with an order to provide information or data when such an order is issued by a court, administrative agency or other legitimate authority, or if disclosure is otherwise permitted by law and reasonably necessary for the Contractor to defend itself from any legal action or claim. 10. Conflict of Interest. 10.1 Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor “financially interested” (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 10.2 Contractor further represents that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Contractor has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. Page 62 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 7 10.3 Contractor has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited “conflict of interest” under applicable laws as described in subsection 10.1. 11. Indemnification. 11.1 To the maximum extent permitted by law, the Contractor shall defend, indemnify and hold the City, and its elected officials, officers, employees, servants, volunteers, and agents serving as independent contractors in the role of City officials, (collectively, “Indemnitees”),free and harmless with respect to any and all damages, liabilities, losses, reasonable defense costs or expenses (collectively, “Claims”), including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts, omissions, activities or operations of Contractor or any of its officers, employees, subcontractors, Contractors, or agents in the performance of this Agreement. Contractor shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City’s choice, and shall pay all costs and expenses, including actual attorney’s fees and experts’ costs incurred in connection with such defense. The indemnification obligation herein shall not in any way be limited by the insurance obligations contained in this Agreement provided, however, that the Contractor shall have no obligation to indemnify for Claims arising out of the sole negligence or willful misconduct of any of the Indemnitees. 11.2 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 11.3 Waiver of Right of Subrogation. Except as otherwise expressly provided in this Agreement, Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor. 11.4 Survival. The provisions of this Section 11 shall survive the termination of the Agreement and are in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against Contractor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. 12. Insurance. Page 63 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 8 12.1 Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Contractor, and/or its agents, representatives, employees or subcontractors. 12.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker’s Compensation insurance as required by the State of California, and Employer’s Liability Insurance. 12.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage. (3) Employer’s Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers’ Compensation Insurance in the amount required by law. (4) The Insurance obligations under this Agreement shall be the greater of (i) the Insurance coverages and limits carried by the Contractor; or (ii) the minimum Insurance coverages and limits shown in this Agreement. Any insurance proceeds in excess of the specified limits and coverage required which are applicable to a given loss, shall be available to the City. No representation is made that the minimum Insurance requirements of this Agreement are sufficient to cover the obligations of the Contractor under this agreement. 12.4 Deductibles and Self-Insured Retentions. Any deductibles or self- insured Page 64 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 9 retentions must be declared to and approved by the City and shall not reduce the limits of coverage. City reserves the right to obtain a full certified copy of any required insurance policy and endorsements. 12.5 Other Insurance Provisions. (1) The commercial general liability and automobile liability policies are to contain the following provisions on a separate additionally insured endorsement naming the City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials, as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; and/or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials which are not also limitations applicable to the named insured. (2) For any claims related to this Agreement, Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials. Any insurance or self-insurance maintained by City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials shall be in excess of Contractor’s insurance and shall not contribute with it. (3) Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. (4) Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self- insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Contractor shall forthwith obtain and submit proof of substitute insurance. Should Contractor fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Contractor’s sole cost and expense. (5) Each insurance policy required by this clause shall expressly Page 65 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 10 waive the insurer’s right of subrogation against City, its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials. (6) Each policy shall be issued by an insurance company approved in writing by City, which is admitted and licensed to do business in the State of California and which is rated A:VII or better according to the most recent A.M. Best Co. Rating Guide. (7) Each policy shall specify that any failure to comply with reporting or other provisions of the required policy, including breaches of warranty, shall not affect the coverage required to be provided. (8) Each policy shall specify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and attorneys' fees, shall be paid in addition to and shall not deplete any policy limits. (9) Contractor shall provide any and all other insurance, endorsements, or exclusions as required by the City in any request for proposals applicable to this Agreement. 12.6 Evidence of coverage. Prior to commencing performance under this Agreement, the Contractor shall furnish the City with certificates and original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement including (1) Additional Insured Endorsement(s), (2) Worker’s Compensation waiver of subrogation endorsement, and (3) General liability declarations or endorsement page listing all policy endorsements. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and approved by the City before Contractor commences performance. If performance of this Agreement shall extend beyond one year, Contractor shall provide City with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance. 12.7 Contractor agrees to include in all contracts with all subcontractors performing work pursuant to this Agreement, the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of any such subcontractor’s work. Contractor shall require its subcontractors to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City pursuant to this Agreement, and to require each of its subcontractors to include these same provisions in its contract with any sub-subcontractor. 13. Cooperation. In the event any claim or action is brought against City relating to Contractor’s performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation that City might require. City shall compensate Page 66 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 11 Contractor for any litigation support services in an amount to be agreed upon by the parties. 14. Termination. City shall have the right to terminate this Agreement at any time for any or no reason on not less than ten (10) days prior written notice to Contractor. In the event City exercises its right to terminate this Agreement, City shall pay Contractor for any services satisfactorily rendered prior to the effective date of the termination, provided Contractor is not then in breach of this Agreement. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation. City may terminate for cause following a default remaining uncured more than five (5) business days after service of a notice to cure on the breaching party. Contractor may terminate this Agreement for cause upon giving the City D ten (10) business days prior written notice for any of the following: (1) uncured breach by the City of any material term of this Agreement, including but not limited to Payment Terms; (2) material changes in the conditions under which this Agreement was entered into, coupled with the failure of the parties to reach accord on the fees and charges for any Additional Services required because of such changes. 15. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor’s and City’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses set forth in this Section, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: William Wittkopf City of Rancho Cucamonga Public Works Services Department 8794 Lion Street Rancho Cucamonga, CA 91730 If to Contractor: Patrick Mahoney, President West Coast Arborists, Inc. 2200 E. Via Burton Anaheim, CA 92806 16. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Contractor shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Contractor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental Page 67 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 12 handicap, medical condition, or sexual orientation. 17. Assignment and Subcontracting. Contractor shall not assign or transfer any interest in this Agreement or subcontract the performance of any of Contractor’s obligations hereunder without City’s prior written consent. Except as provided herein, any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 18. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and compliance with other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The applicable prevailing wage rate determinations can be found at http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services, available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 19. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney’s Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney’s fees and costs of experts. 21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. 22. Applicable Law and Venue. The validity, interpretation, and performance of Page 68 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 13 this Agreement shall be controlled by and construed under the laws of the State of California. Venue for any action relating to this Agreement shall be in the San Bernardino County Superior Court. 23. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 24. Entire Agreement. This Agreement consists of this document, and any other documents, attachments and/or exhibits referenced herein and attached hereto, each of which is incorporated herein by such reference, and the same represents the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. Contractor Name: West Coast Arborists, Inc. By: Name Date City of Rancho Cucamonga By: Name Date Title Title By: Name Date Title (two signatures required if corporation) Page 69 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 14 EXHIBIT A RFP 18/19-007 Page 70 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 15 EXHIBIT B CONTRACTOR’S PROPOSAL Page 71 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 16 EXHIBIT C CONTRACTOR’S BEST AND FINAL OFFER Page 72 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 17 Attachment A – Sample Waiver of Subrogation (Sample Only – Not all forms will look identical to this Sample) The City of Rancho Cucamonga, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City or officials. Page 73 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 18 Attachment B – Sample Additional Insured for On-going Projects Page 74 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 19 The City of Rancho Cucamonga, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City or officials. Page 75 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 14 EXHIBIT A RFP 18/19-007 Page 76 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 15 EXHIBIT B CONTRACTOR’S PROPOSAL Page 77 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 16 EXHIBIT C CONTRACTOR’S BEST AND FINAL OFFER Page 78 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 17 Attachment A – Sample Waiver of Subrogation (Sample Only – Not all forms will look identical to this Sample) The City of Rancho Cucamonga, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City or officials. Page 79 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 18 Attachment B – Sample Additional Insured for On-going Projects Page 80 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 19 The City of Rancho Cucamonga, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City or officials. Page 81 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 14 EXHIBIT A RFP 18/19-007 Page 82 REQUEST FOR PROPOSALS (“RFP”) #18/19-007 FOR CITYWIDE TREE MAINTENANCE SERVICES City of Rancho Cucamonga Procurement Division 10500 Civic Center Drive Rancho Cucamonga, California 91730 Deadline for Submissions September 26, 2018, by 3:00 pm Page 83 City of Rancho Cucamonga Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services ___________________________________________________________________________________________ Submittals Due: September 26, 2018, by 3:00 p.m. Page 2 of 40 1. GENERAL INFORMATION 1.1 INTRODUCTION The City of Rancho Cucamonga (hereinafter “City”) is inviting qualified Vendors to submit a proposal response for Citywide Tree Maintenance Services in accordance with the minimum Scope of Work indicated herein. Vendors wishing to participate in the RFP solicitation must be registered as a Vendor on the City Vendor List. Vendor registration can be accomplished by visiting the City website at www.City ofrc.us. 1.2 PROPOSAL DELIVERY AND SCHEDULE OF EVENTS The Vendor is solely responsible for ensuring that the full RFP response is received electronically via Planet Bids in accordance with the solicitation requirements and prior to the due date and time specified in the below Schedule of Events. Please note, there will be no paper responses accepted. The City shall not be responsible for any delays by transmission errors. “Exhibit B, Vendor References are to be submitted in combination with the RFP response but ONLY as a separate attachment under its own Title Page, “Exhibit B, Vendor References”. Cost or references are not to be discussed in any other section of Vendor’s RFP response other than Exhibit B, Vendor References and Line Item submittal. Failure to comply with this instruction will deem said RFP response as non-responsive and will not be considered any further during evaluation process. Schedule of Events: Post RFP August 23, 2018 Questions Due September 11, 2018 by 3:00 pm Addendum Issued September 17, 2018 RFP Response Due Date September 26, 2018 by 3:00 pm Vendor Interviews / Presentation TBD Letter of Intent to Award TBD (The City reserves the right to change schedule of events without prior notice or responsibility to Vendor.) 1.3 DISCREPANCIES OR OMISSIONS Vendors finding discrepancies or omissions in the RFP or having any doubts as to the meaning or intent of any part thereof shall submit such questions or concerns in writing electronically via Planet Bids. No responsibility will be accepted for oral instructions. Addenda issued in correspondence to this RFP shall be considered a part of this RFP and shall become part of any final Contract that may be derived from this RFP. Page 84 City of Rancho Cucamonga Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services ___________________________________________________________________________________________ Submittals Due: September 26, 2018, by 3:00 p.m. Page 3 of 40 1.4 CONTINGENCIES This RFP should not be considered as a Contract to purchase goods or services but is a Request for Proposal in accordance with the Terms and Conditions herein and will not necessarily give rise to a Contract. However, RFP responses should be as detailed and complete as possible to facilitate the formation of a Contract based on the RFP response(s) that are pursued should the City decide to do so. Completion of this RFP form and its associated appendices are a requirement. Failure to do so may disqualify your RFP response submittal. Vendors must submit signed RFP responses by the due date and time as specified herein. Vendors will be considered non-responsive if the above requirements are not submitted as requested. If only one RFP response is received, the City reserves the right to discard the response and re-bid the RFP. Any Scope of Services, Contingencies, Special Instruction and/or Terms and Conditions applicable to this RFP and any Purchase Order derived thereafter shall be effective as of the issue date of Purchase Order (the “Effective Date”), and shall remain in full force and effect until sixty (60) days after the City has accepted the work in writing and has made final payment, unless sooner terminated by written agreement signed by both parties. 1.5 QUESTIONS AND CLARIFICATIONS All questions or clarification requests must be submitted directly through the City ’s bid system on or before September 11, 2018 by 3:00 p.m. Answers and/or clarifications will be provided in the form of an Addendum and will be posted for download from the City bid system in accordance with the above “Schedule of Events”. From the issuance date of this Request for Proposal until a Vendor is awarded, Vendors are not permitted to communicate with any City staff or officials regarding this procurement, other than during interviews, demonstrations, and/or site visits, except at the direction of Ruth Cain, CPPB, Procurement Manager, the designated representative of the City. 1.6 DISPOSITION OF MATERIAL AND CONFIDENTIAL OR PROPRIETARY INFORMATION All materials submitted in response to the RFP solicitation will become the property of the City and will be returned only at the City option and at the expense of the Vendor submitting the RFP response. A copy of the RFP response will be retained for official files and become a public record. Any material that a Vendor considers as confidential but does not meet the disclosure exemption requirements of the California Public Records Act should not be included in the Vendor’s RFP response as it may be made available to the public. Page 85 City of Rancho Cucamonga Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services ___________________________________________________________________________________________ Submittals Due: September 26, 2018, by 3:00 p.m. Page 4 of 40 If a Vendor’s RFP response contains material noted or marked as confidential and/or proprietary that, in the City sole opinion, meets the disclosure exemption requirements, then that information will not be disclosed pursuant to a written request for public documents. If the City does not consider such material to be exempt from disclosure, the material may be made available to the public, regardless of the notation or markings. If a Vendor is unsure if its confidential and/or proprietary material meets disclosure exemption requirements, then it should not include such information in its RFP response because such information may be disclosed to the public. 1.7 KNOWLEDGE OF REQUIREMENTS The Vendor shall carefully review all documents referenced and made a part of the solicitation document to ensure that all information required to properly respond has been submitted or made available and all requirements are priced in the RFP response. Failure to examine any documents, drawings, specifications, or instructions will be at the Vendor’s sole risk. Vendors shall be responsible for knowledge of all items and conditions contained in their RFP responses and in this RFP, including any City issued clarifications, modifications, amendments, or addenda. The City will provide notice of any changes and clarifications to perspective Vendors by way of addenda to the City ’s website; however, it is the Vendor’s responsibility to ascertain that the RFP response includes all addenda issued prior to the RFP due date. 1.8 RESERVATION OF RIGHTS The issuance of this RFP does not constitute an agreement by the City that any contract will be entered by the City. The City expressly reserves the right at any time to: • Waive or correct any defect or informality in any response, RFP, or RFP procedure. • Reject any or all RFPs. • Reissue a Request for RFPs. • Prior to submission deadline for RFPs, modify all or any portion of the selection procedures, including deadlines for accepting responses, the specifications or requirements for any materials, equipment or services to be provided under this RFP, or the requirements for contents or format of the RFPs. • The City and recognizes that price is only one of several criteria to be used in judging a product or service, and the City is not legally bound to accept the lowest RFP response. • The City reserves the right to conduct pre-award discussions and/or pre-Contract negotiations with any or all responsive and responsible Vendors who submit RFP responses. Page 86 City of Rancho Cucamonga Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services ___________________________________________________________________________________________ Submittals Due: September 26, 2018, by 3:00 p.m. Page 5 of 40 • Procure any materials, equipment or services specified in this RFP by any other means. • Determine that no project will be pursued. • The City reserves the right to inspect the Vendor’s place of business prior to award or at any time during the contract term or any extension thereof, to determine the Vendor’s capabilities and qualifications. 1.9 CALIFORNIA'S PUBLIC RECORDS ACT The City complies with the California Public Records Act, Government Code Section 6253. (a) Public records are open to inspection always during the office hours of the state or local agency and every person has a right to inspect any public record, except as hereafter provided. Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law. Neither an RFP in its entirety, nor proposed prices shall be considered confidential and proprietary. Notwithstanding the foregoing, companies are hereby notified that all materials submitted in response to this RFP are subject to California's Public Records Act. The City receipt, review, evaluation or any other act or omission concerning any such information shall not create an acceptance by the City or any obligation or duty to prevent the disclosure of any such information except as required by Government Code Section 6253. Companies who submit information they believe should be exempt from disclosure under the Public Records Act shall clearly mark each document as confidential, proprietary or exempt, and state the legal basis for the exemption with supporting citations to the California Code. Pursuant to California Law, if the information is requested under the Public Records Act, the City shall make a final determination if any exemption exists for the City to deny the request and prevent disclosure. The City will withhold such information from public disclosure under the Public Records Act only if the City determines, in its sole discretion, that there is a legal basis to do so. 2. MINIMUM REQUIREMENTS 2.1 BUSINESS LICENSE The selected Vendor awarded a Contract shall be required to obtain a Rancho Cucamonga Business License no later than five (5) business days from notification of award prior to being issued a Purchase Order. Awarded Vendor must possess and maintain all appropriate licenses/certifications necessary in the performance of duties required under this RFP and will provide copies of licenses/certifications immediately upon request throughout the term of the Contract. Page 87 City of Rancho Cucamonga Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services ___________________________________________________________________________________________ Submittals Due: September 26, 2018, by 3:00 p.m. Page 6 of 40 Vendors shall be responsible for knowledge of all items and conditions contained in their RFP responses and in this RFP, including any City issued clarifications, modifications, amendments, or addenda. The City will provide notice of any changes and clarifications to prospective Bidders by way of addenda to the City website; however, it is the Vendor’s responsibility to ascertain that the RFP includes all addenda issued prior to the RFP due date. 2.2 LINE ITEM PRICING Vendors must complete the line item pricing in the bid system. All pricing will be valid for a one (1) year term to become effective the date of execution by signatures of both parties. Pricing shall be firm fixed from the date of the contract execution to June 30, 2020. Price increase during this term will not be accepted, no exceptions will be made. 2.3 PREVAILING WAGES Where labor is required for public work as a part of any requirement covered by this RFP, pursuant to the provisions of the Labor Code of the State of California, Vendor(s) shall pay no less than those minimum wages. 2.4 REPRESENTATIVES Should the awarded Vendor require the services of a third-party to complete the Scope of Services indicated in this RFP, the awarded Vendor will not assign, transfer, convey or otherwise dispose of the contract or its right, title or interest in or to the same, or any part thereof. Any attempt by the awarded Vendor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. The awarded Vendor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services including Vendors subcontractor. All Services shall be performed by the awarded Vendor or under the awarded Vendor’s direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by state and local law to perform such services. The awarded Vendor shall be responsible for payment of all employees’ and subcontractors’ wages and benefits and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security. By its execution of this Agreement, Vendor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the Page 88 City of Rancho Cucamonga Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services ___________________________________________________________________________________________ Submittals Due: September 26, 2018, by 3:00 p.m. Page 7 of 40 provisions of that Code and agrees to comply with such provisions before commencing the performance of the services. In case of default by the Vendor, the City may take the following actions which shall include but not be limited to; cancellation of any purchase order, procurement of the articles or service from other sources and may deduct from unpaid balance due to the Vendor, or may bill for excess costs so paid, and the prices paid by the City shall be considered the prevailing market prices paid at the time such purchase is made, withholding of payment until final resolution. Cost of transportation, handling, and/or inspection on deliveries, or Vendors for delivery, which do not meet specifications, will be for the account of the Vendor. City Representative: For the purposes of this Agreement, the contract administrator and City ’s representative shall be__________________, or such other person as designated in writing by City (“City’s Representative”). It shall be the Vendor’s responsibility to assure that City ’s Representative is kept informed of the progress of the performance of the services, and the Vendor shall refer any decisions that must be made by City to City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative. Vendor Representative: For the purposes of this Agreement, ________________________________ is hereby designated as the representative of the successful Vendor authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith (“Vendor’s Representative”). It is expressly understood that the experience, knowledge, capability and reputation of the Vendor’s Representative were a substantial inducement for City to enter into this Agreement. Therefore, the Vendor’s Representative shall be responsible during the term of this Agreement for directing all activities of Vendor and devoting sufficient time to personally supervise the services hereunder. The successful Vendor may not change the Vendor’s Representative without the prior written approval of City’s Representative. 2.5 EMPLOYEE CONDUCT All Vendor personnel must observe all City regulations in effect at the location where the Services are being conducted. While on City property, the Vendor’s personnel shall be subject to oversight by City staff. Under no circumstances shall the Vendor’s or Vendor’s sub-contractor personnel be deemed as employees of the City. Vendor or Vendor’s subcontractor personnel shall not represent themselves to be employees of the City. Page 89 City of Rancho Cucamonga Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services ___________________________________________________________________________________________ Submittals Due: September 26, 2018, by 3:00 p.m. Page 8 of 40 Vendor's personnel will always make their best efforts to be responsive, polite, and cooperative when interacting with representatives of the City, or any other City employees. The Vendor's personnel shall be required to work in a pleasant and professional manner with City employees, outside Vendors and the public. Nothing contained in this RFP shall be construed as granting the Vendor the sole right to supply personal or contractual services required by the City or without the proper City approval and the issuance of a Purchase Order. 3. RFP RESPONSE FORMAT AND SUBMISSION REQUIREMENTS To be considered responsive and evaluate RFP responses fairly and completely Vendors must comply with the format and submission requirements set out in this RFP, and provide all information requested. Failure to comply with this instruction will deem said RFP response as non-responsive and will not receive further consideration in the evaluation process. RFP submittals are due on the due date and time indicated in the above schedule of events. Submittals shall be submitted electronically via Planet Bids; no paper RFPs will be accepted. RFP responses must include the following information and in the exact order and format as shown: Vendors shall submit one (1) original RFP. Responses should be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness and clarity of content. A detailed index with Title Pages at the beginning of each of the following sections is required. 3.1 COVER LETTER / INTRODUCTION RFP responses must include the complete name and address of Vendor and the name, mailing address, and telephone number of the contact person regarding the RFP response. A signature by an authorized representative must be included on each RFP response. Said signature will be considered confirmation of the Vendors ability and willingness to comply with all provisions stated herein. 3.2 TABLE OF CONTENTS The Table of Contents must be a comprehensive listing of the contents included in your RFP response. This section must include a clear definition of the material, exhibits and supplemental information identified by sequential page numbers and by section reference numbers. Page 90 City of Rancho Cucamonga Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services ___________________________________________________________________________________________ Submittals Due: September 26, 2018, by 3:00 p.m. Page 9 of 40 3.3 EXECUTIVE SUMMARY The Executive Summary shall condense and highlight the contents of the Vendor’s RFP response to provide the Evaluation Committee with a broad understanding of the Vendor’s approach, Proposal, experience and staffing. 3.4 EXPERIENCE The Vendor shall provide a concise statement demonstrating the Vendor’s Proposal, experience, expertise and capability to perform the requirements of this RFP. Provide a brief history of your company, including;  The number of years in business,  The firms service commitment to customers,  If the firm is involved in any pending litigation that may affect its ability to provide its proposed solution or ongoing maintenance or support of its products and services.  State whether your firm is an individual proprietorship, partnership, corporation, or private nonprofit firm, and the date your company was formed or incorporated. 3.5 THIRD-PARTY / SUBCONTRACTORS If the Vendor intends to subcontract, a detailed list of any sub-contractors, partners, or third-party Vendors who will be involved in the implementation of the proposed services including but not limited to: • Description of the Vendor’s experience with each of the proposed subcontractors, • Three (3) customer references for each subcontractor to include references names, addresses, and telephone numbers, for products and services like those described in this RFP, • Describe the specific role of each. 3.6 STAFF BIOGRAPHIES Submit the resumes of the individuals who will be performing the services for the City. Resumes shall be formatted in the following order: • Position with the Company, • Length of time with the Company, • Licenses, registrations and certifications as required by law to perform the Scope of Work described herein, • Educational background, Page 91 City of Rancho Cucamonga Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services ___________________________________________________________________________________________ Submittals Due: September 26, 2018, by 3:00 p.m. Page 10 of 40 • Role in the Project, • Experience with the minimum requirements stated herein, • Work history on similar or like projects with the other municipalities. 3.7 PROPOSAL RESPONSE Under this section vendors shall provide a full, detailed response to the City ’s Scope of Work listed herein. Vendors should be as thorough as possible in their response as it may be the only opportunity to convey information regarding your business, ability and qualifications to complete the services needed. 3.8 NON-DISCLOSURE CONFLICT OF INTEREST Specify any possible conflicts of interest with your current clients or staff members and the City. A signed “Conflict of Interest and Non-Disclosure Agreement, Exhibit A” included herein must be submitted under this section. 3.9 COMPANY REFERENCES Provide a minimum of four (4) references, preferably with other municipalities in which similar services are being performed. References must be for work performed or completed in the past three (3) years. The “Reference Worksheet, Exhibit B”, must be submitted separate, clearly marked with the RFP number, project title, Exhibit B, Reference Worksheet and firm’s name. References are not to be discussed in any other area of the RFP submittal. Failure to comply with this instruction will deem the RFP response as non- responsive and will not be considered any further in the evaluation process. 3.10 PROFESSIONAL SERVICE AGREEMENT In addition to the acceptance of the City ’s Terms and Conditions, the successful Vendor will be required to enter into a Professional Services Agreement (“PSA”) with the City, a “Sample” of which is attached in the City’s bid system for review. All requirements of said PSA must be completed by the successful Vendor and signed by both applicable parties prior to any services being rendered. This RFP sets forth some of the general provisions which may be included in the final PSA. In submitting a response to this RFP, Vendor will be deemed to have agreed to each clause unless otherwise indicated in the “Exception Summary, Exhibit C” and the City agrees to either accept the objection or deviation or change the PSA language in writing. Failure to raise any objections at the time of this RFP response submittal will result in a waiver of objection to any of the contractual language in the PSA at any other time. The signed Exception Summary shall be included under this section of the RFP response. Page 92 City of Rancho Cucamonga Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services ___________________________________________________________________________________________ Submittals Due: September 26, 2018, by 3:00 p.m. Page 11 of 40 3.11 INSURANCE Proposers must meet all insurance requirements as outlined in the Professional Services Agreement. Ability to comply with said requirements must be indicated with signature of the “Acknowledgement of Insurance Requirements and Certification of Ability to Provide Coverages Specified, Exhibit D”, which must be submitted with the Bid under the Insurance tab. The awarded Vendor will be responsible for providing the required Certificates of Insurance and must be the Named Insured on the Certificates. Certificates of Insurance from any other entity other than the awarded Vendor, will not be accepted. 3.12 ADDENDUM ACKNOWLEDGEMENT The Vendor shall hereby acknowledge they have received all posted Addendums, if any. The Vendor understands failure to acknowledge any addenda issued may cause the response to be considered non- responsive. It is the Vendor’s responsibility to log into the Bid System to identify and download the number of addenda that have been posted. Addenda issued in correspondence to this RFP shall be considered a part of this RFP and shall become part of any final Contract that may be derived from this RFP. Vendors must indicate their acknowledgement of any Addendums by way of signature on the “Addendum Acknowledgement Form, Exhibit E” and must be included under this section of the RFP response. 3.13 VENDOR CERTIFICATION Vendors must verify by way of signature to “Exhibit F, Vendor Certification Form” that Vendor nor any of its proposed subcontractors are currently under suspension or debarment by any state or federal government agency, and that neither Vendor not any of its proposed subcontractors are tax delinquent with the State of California. The signed exhibit must be included under this section of the RFP response. 3.14 SIGNATURE OF AUTHORITY Completion of this RFP form and its associated Exhibits are a requirement. Failure to do so may disqualify your RFP response submittal. Vendors must submit one (1) original, signed RFP response by the due date and time as specified herein. Vendors will be considered non-responsive if the above requirements are not submitted as requested. If only one RFP response is received, the City reserves the right to discard the response and re-bid. “Exhibit G”, Signature of Authority must be included with the Vendor RFP response. 3.15 LINE ITEM PRICING In combination with the RFP response, Vendors shall also submit line item pricing in Planet Bids. Line item pricing shall be provided in accordance to the items listed on the “Line Items” tab in Planet Bids. This pricing is not an estimate and is the firm price for each item listed. Vendor quotes outside of the pricing listed in Planet Bids will not be accepted. Any additional cost required should be noted in the Additional Cost line item and a summary of the cost provided in the notes section of the line item. Cost shall not be discussed Page 93 City of Rancho Cucamonga Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services ___________________________________________________________________________________________ Submittals Due: September 26, 2018, by 3:00 p.m. Page 12 of 40 in any other area of the RFP response other than the “Line Item” tab in Planet Bids. The City will not be obligated to any cost not identified in the Cost Proposal submission. Failure to provide the required Cost Proposal in the requested format and on the City’s, Form will cause Vendors submittal to be non-responsive and be eliminated from any further consideration. Any questions regarding how to correctly submit vendor pricing should be submitted by the due date and time indicated in the schedule of events. 3.16 PARTICIPATION CLAUSE It is hereby understood that other governmental entities, such as cities, counties, and special/school districts may utilize this RFP response at their option for equipment or services at the RFP response price. Said entities shall have the option to participate in any award made because of this solicitation. Any such piggy-back awards will be made independently by each agency, and the City is not an agent, partner or representative of these agencies and is not obligated or liable for any action of debts that may arise out of such independently negotiated piggy-back procurement. Each public agency shall accept sole responsibility of its own order placement and payments to the Vendor. A signed “Participation Clause, Section 5.10 herein” must be included under this section of the RFP response. 4. SCOPE OF WORK 4.1 GENERAL SCOPE OF WORK The scope of work is complete, continuous, consistent and safe tree maintenance of a variety of species throughout the City. Tree maintenance may consist of pruning, removals, stump grinding, planting, staking, pest control, fertilizing, watering, emergency response, arborist services, inventory and banner hanging work. The contractor shall provide all equipment, labor and materials necessary for performing tree maintenance according to the specifications in this agreement. The equipment shall be clean and well-maintained, of the latest and most efficient design. Maintenance personnel shall be uniformed professional and well trained. Selective pruning shall be employed always based solely on the standards prescribed by the International Society of Arboriculture and according to the ANSI A300 pruning standards. The intent and purpose of this agreement, is to provide a level of tree maintenance to the areas such that each will present a safe, pleasing, and desirable appearance always within the limitations of the contracted service requirements. The contractor agrees to maintain all the designated areas covered by this Agreement at such levels. The Public Works Services Director, or his designated representative, shall be the sole judge as to the adequacy and quality of the tree maintenance. The work shall be done in accordance with “The ‘Green Book’ Standard Specifications for Public Works Construction” 2018 edition including subsequent amendments, supplements and/or additions. Copies are Page 94 City of Rancho Cucamonga Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services ___________________________________________________________________________________________ Submittals Due: September 26, 2018, by 3:00 p.m. Page 13 of 40 available from the publisher, Building News, Incorporated, 1612 So. Clementine Street, Anaheim, California, 92802, telephone (714) 517-0970. Where the Public Works Services Director is mentioned in these Special Provisions, it shall be noted that his designated representative may act in his behalf regarding administration of this agreement. The City currently has several existing Landscape contracts which include some level of tree services which, will continue under those contracts. This RFP is for scope of services outside of those contracts that the City already has in place. The term “tree” is used about both woody trees and palms in the language of this agreement, unless otherwise specified. 4.2 CERTIFICATION & CONTRACTOR’S LICENSE The Contractor must hold a valid Arborist Certificate issued by the International Society of Arboriculture (ISA) and shall be available for consultation. The on-site working supervisor must hold, at minimum, a valid Tree Worker Certificate issued by the ISA. In the absence of the on-site working supervisor, there shall be a minimum of one (1) Certified Tree Worker on the job always. A photocopy of all certifications must be provided to the Public Works Services Director or designated representative. Contractor shall possess all contractor’s licenses, in form and class as required by all applicable laws with respect to all of the work to be performed under this contract; including, but not limited to, a Class C-27 (Landscape Contractor) or Class C-61/D-49 and Class C-31 (Construction Zone Traffic Control Contractor) in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000, et. seq.) and rules and regulations adopted pursuant thereto at the time this contract is awarded. Contractor shall possess a Wildlife Awareness Certification and provide documents to the Public Works Services Director confirming certification and yearly training. 4.3 BONDS If a contract is awarded, the Contractor shall furnish a good and sufficient surety bond issued by a surety company authorized to do business in the State of California in the sum equal to 100% of the total award, conditioned for the Faithful Performance by the Contractor of all covenants, stipulations any agreements contained in said contract; in addition, the Contractor shall furnish a Labor and Materials Bond in a sum equal to 100% of the contract price, as required by the provisions of Section 9554 of the California Civil Code. Page 95 City of Rancho Cucamonga Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services ___________________________________________________________________________________________ Submittals Due: September 26, 2018, by 3:00 p.m. Page 14 of 40 4.4 SUPERVISION & STAFF The contractor shall assign a supervisor to be on site each working day, working regular working hours, for the duration of this contract. The contractor and his staff shall have skills, expertise, and experience in arboriculture; including pest control, soils, fertilizers and plant identification. The supervisor must be fluent in the English language. The supervisor shall be thoroughly knowledgeable of the General and Special Provisions of this contract. The contractor shall have on staff a full-time Arborist certified by the International Society of Arboriculture available to perform tree evaluations and risk assessment reports as directed by the Public Works Services Director. (See 900-3 for an expanded description of responsibilities.) 4.5 PREVAILING WAGE Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. The Contractor shall post a copy of said determinations at the jobsite. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to City, not more than two hundred dollars ($200.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. This contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations. For all new contracts awarded on or after April 1, 2015, the contractors and subcontractors shall furnish electronic certified payroll records to the Labor Commissioner. Each Contractor or Subcontractor shall preserve his weekly payroll records for a period of three (3) years. The payroll records shall set out accurately and completely the name, address, social security number, occupational classification, and hourly wage rate of each employee, hours worked by him during the payroll period, and full weekly wages earned by him, any deductions made from such weekly wages, and the actual weekly wages paid to him. Page 96 City of Rancho Cucamonga Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services ___________________________________________________________________________________________ Submittals Due: September 26, 2018, by 3:00 p.m. Page 15 of 40 Such payroll records shall be made available always for inspection by the City or its authorized representatives. 4.6 APPRENTICESHIP EMPLOYMENT In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticelike occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: a. When unemployment around coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or c. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticelike trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. 4.7 COMMUNICATIONS The Contractor shall provide a cellular telephone to each supervisor. Each supervisor shall carry the telephone on his/her person always during the workday for communication with the City representative. Each supervisor shall be on call 24 hours per day for emergencies within the contract areas. Page 97 City of Rancho Cucamonga Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services ___________________________________________________________________________________________ Submittals Due: September 26, 2018, by 3:00 p.m. Page 16 of 40 4.8 PARKING OF CONTRACTOR’S VEHICLES No overnight parking of vehicles will be permitted on City streets or at City facilities. The contractor may park his vehicle legally on his owned property within the City. The contractor may also park his vehicles legally on leased or rented property. All City of Rancho Cucamonga Municipal Code requirements shall be adhered to when parking and storing vehicles on owned, leased or rented property within the City. 4.9 NON-RESPONSIVENESS OF CONTRACTOR Failure of the Contractor or the supervisors to respond immediately (within 1 hour) to the telephone notification by the Public Works Services Director of an emergency condition, or failure of the Contractor to respond within two days of written notification by the Public Works Services Director or his representative, shall give the Public Works Services Director the right to cause necessary work to be performed by City crews, or other contractors and any costs incurred in so doing shall be deducted from the payment for the month in which the work was performed. 4.10 SCHEDULING OF WORK The Contractor shall accomplish all normal work required under this contract between the hours of 7:00 a.m. and 4:00 p.m., Monday through Friday. The Public Works Services Director may grant, on an individual basis, permission to perform contract maintenance at other hours. No maintenance functions that generate excess noise, which would cause annoyance to residents of the area, shall be commenced before 8:00 a.m. While working for the City of Rancho Cucamonga, during normal business hours, the Contractor’s work force shall not be impeded for performing work in another City, or for private venture, without permission from the Public Works Services Director. It is also unacceptable for the Contractor to carry out inspections, bid proposals and work estimates that are not associated with the City of Rancho Cucamonga, without permission from the Public Works Services Director. 4.11 UNDERGROUND SERVICE ALERT The Contractor shall comply with the requirements of Assembly Bill 73. The law states that, "…every person planning to conduct any excavation is required to contract a regional notification center at least 2 working days prior to excavation…" Assembly Bill 73 defines excavation as, "any operation in which earth, rock, or other material in the ground is moved, removed, or otherwise displaced by means of tools, equipment, or explosives in any of the following ways: grading, trenching, digging, ditching, drilling, auguring, tunneling, scraping, cable or pipe lowing and driving, or any other way." The Contractor shall assume all liability incurred from any type of excavation performed at the worksite. Page 98 City of Rancho Cucamonga Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services ___________________________________________________________________________________________ Submittals Due: September 26, 2018, by 3:00 p.m. Page 17 of 40 4.12 MEASUREMENT AND PAYMENT (a) The Contractor will be paid within thirty days of invoice submittal based upon the schedule of unit cost and lump sum amounts. The invoice shall include the appropriate fund number and purchase order number for this contract. (b) The quantity invoiced and paid shall be reflective of the total tree count, unit costs, and lump sum amounts shown on the work list. (c) The price for pruning by grid shall be based on the number of trees pruned and the flat rate unit price listed on the cost proposal. (d) Unit costs for work performed by service request during regular working hours shall be based on the unit prices listed in the cost proposal. (e) Work performed by service request outside regular working hours or work for which no unit cost is given shall be paid at the hourly rate(s) listed on the cost proposal. Payment will be made only for productive time on the jobsite. No allowance will be made for mobilization of crews, materials and equipment to the jobsite. (f) The size of all woody trees shall be determined by measuring the DBH. This is the diameter of the trunk at breast height, located four and one-half (4.5) feet above the base of the trunk. For multi- trunk trees. Or trees that branch below four and one-half feet, the diameter of the largest trunk at four and one-half feet above base shall be used to determine the size. (g) Height shall be used to determine the size of the palms; and is measures from the base of the trunk to the bud initiation zone. 4.13 WORK LISTS (a) GRID PRUNING: The Public Works Services Director will identify pruning locations by highlighting the corresponding streets on the map, which will be provided to the Contractor, along with a specific pruning assignment such as full trim, clean, raise, or palm trimming. The Contractor shall document all work onto a City Contractor Work List (Appendix B); and record the location, species, size, work type, quantity, unit costs and lump sum amounts for each tree trimmed. The price paid for grid pruning shall be as specified in Section 900-14(C) (b) REMOVALS and PLANTINGS: The Public Works Services Director will provide a work list consisting of location, tree species, size, work type, quantity, unit costs and lump sum amounts. (c) INSPECTION: The Contractor shall notify the Public Works Services Director upon completion of each Page 99 City of Rancho Cucamonga Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services ___________________________________________________________________________________________ Submittals Due: September 26, 2018, by 3:00 p.m. Page 18 of 40 work list and shall not process any work list for invoicing until all sites on the list have been inspected by the Public Works Services Director. Also, daily, or as required. The Contractor or his supervisor may walk the project with the Public Works Services Director for determining compliance with the specifications or to discuss required work. Any tree(s), which in the opinion of the Public Works Services Director have not been pruned, removed or planted according to the conditions of the specifications set forth herein shall be brought to the attention of the Contractor and, if not corrected, payment to the Contractor will not be made until the condition is corrected. (d) SERVICE REQUESTS and LOCATION LISTS: The Contractor could be given additional service requests and location lists each day, in addition to the weekly or grid schedule list. This work will be considered as normal work and not subject to emergency work cost or crew rental costs. 4.14 ELECTRONIC TREE INVENTORY AND WORK SHEETS All trees that are in the tract, in which the Contractor is working, shall be recorded onto a City Tree Inventory Sheet (Appendix C) and entered into the City’s Electronic Tree Inventory System; and upon completion, given to the Public Works Services Director along with the work list. Each field on the inventory sheet should be filled in as follows: Right of Way – This is the public right of way (and/or tree maintenance easement) as recorded in the development plans. The measurement will be the width of the parkway, or in areas in which there is no parkway, the designated footage beginning from the curb face. Address – Consists of the house number and complete street name. If the tree is on the side of a corner house, the name of the intersecting street shall be included. Site – Counted sequentially from north to south and from west to east. Trees in front of the residence have an “F” designation; corner houses with trees on the side have a “S” designation. Species – Including hybrids, varieties and cultivars. DBH (Diameter at Breast Height) – The measurement of the trunk diameter at 4.5 feet from the base, as described in section 4.12(f). Multi-trunk trees shall be recorded by using the DBH of the largest trunk followed by the letter M and the total amount of the trunks. For example, a multi-trunk tree having three trunks, with the largest trunk measuring twenty-four inches, would be written as… 24M3. Height – In trees, measured from base to uppermost branches. Height in palms shall be measured from base to lower portion of bud. Spread – The horizontal measurement of the canopy, from end to end. Condition – The contractor shall describe the tree’s general condition by placing an X in either the good, fair, or poor column. The description should be based primarily on the level of decay that is present, Page 100 City of Rancho Cucamonga Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services ___________________________________________________________________________________________ Submittals Due: September 26, 2018, by 3:00 p.m. Page 19 of 40 important limbs that may be missing, the quality of branch attachments, any root issues that are detected. Overall balance should be observed also. Major concerns should be noted in the remarks column. GPS (Global Positioning System)- The Contractor must be able to provide inventory information using the City’s Electronic Tree Inventory Program. The Contractor must be able to input all services and details related to each tree, along with an accurate and current GPS point update. 4.15 EXAMINATION OF PLANS, SPECIFICATION, AND SITE OF WORK Bidders must satisfy themselves by personal examination of the work site, plans, specifications, and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the specifications, or other contract documents shall be called to the attention of the City and clarified prior to the submission of proposals. 4.16 WORK SITES Worksites include, but are not limited to, parkways, medians, greenbelts, tree easements, parks and other City facilities. 4.17 DELETIONS At the Public Works Services Director’s option, any contract areas, work list or pruning map, or portion thereof, may be deleted or adjusted by notifying the Contractor in writing before work begins. 4.18 CREW RENTAL The standard crew is three (3) men, one (1) chipper truck, one (1) chipper, one (1) aerial tower and all necessary hand tools. The crew equipment can be modified to complete any type of misc. tasks including special projects that may consist of extraordinary work. 4.19 EMERGENCY RESPONSE WORK SCHEDULE Emergency response work may be required to mitigate safety hazards outside of normal working hours. (a) Emergency response work will not be performed without prior approval by the Public Works Services Director unless a condition exists wherein it appears there is a danger of injury to persons or Page 101 City of Rancho Cucamonga Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services ___________________________________________________________________________________________ Submittals Due: September 26, 2018, by 3:00 p.m. Page 20 of 40 property. (b) Payment of emergency response work shall be in accordance with the hourly rates and unit prices in the Emergency Response Work Schedule. (c) The City reserves the right to cause any emergency response work deemed necessary by the Public Works Services Director to be performed by the City crews, other contractors, or day labor, at no cost to the Contractor. (d) Emergency response work is work performed after normal working hours or anytime during a 24- hour period that the Public Works Services Director deems an emergency. Emergency response work does not include service requests and location lists assigned during normal working hours (7 a.m. to 4 p.m. Monday through Friday, not including Holidays) Emergency Response and Crew Rental rates begin when the crew arrives on site and begins work, and end at the completion of the work requested by the City. Portal to Portal pay is not allowed. 4.20 SAFETY MEASURES (a) The Contractor shall obey and adhere to Cal OSHA requirements for worker safety, and ANSI Z133.1 Safety Requirements. (b) Any person working in proximity to electrical conductors shall be properly trained in electrical hazard recognition and avoidance, and possess the appropriate qualifications required by the State of California. (c) Any dead tree, tree with excessive decay, or tree with a substantial defect such as a split, crack, or unstable root system, shall be reported immediately to the Public Works Services Director. (d) The Contractor shall postpone any tree maintenance activity wherein a vehicle is in proximity and such activity has the likelihood of causing damage to vehicle. In such instances, it is the responsibility of the Contractor to immediately notify the vehicle owner and request to have the vehicle moved to a safe location. Any abandoned vehicle shall be reported to the Rancho Cucamonga Police Dept. 4.21 PRESERVATION OF PROPERTY (a) The Contractor shall carefully protect from damage all trees, shrubs, ground covers, turf, irrigation, water service, fences, sidewalk, buildings, automobiles, street lights, street signs, or any other facilities located on or adjacent to the job site. (b) Should any direct or indirect damage or injury result to any public or private property by or because Page 102 City of Rancho Cucamonga Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services ___________________________________________________________________________________________ Submittals Due: September 26, 2018, by 3:00 p.m. Page 21 of 40 of any act, omission, neglect or misconduct in the execution of work, on the part of the Contractor or the Contractor’s employees, such property shall be restored by the Contractor, to a condition equivalent to that existing before damage occurred. (c) The Contractor shall be responsible for the complete removal and replacement of trees lost due to the Contractor’s faulty maintenance or negligence, as determined by the Public Works Services Director. Replacement shall be made by the Contractor in the kind and size of trees as determined by the Public Works Services Director. Where there is a difference in value between the trees lost and the replacement of trees, this difference will be deducted from the contract payment. In all cases, the value of the trees lost will be determined by the Public Works Services Director, using the latest Council of Tree and Landscape Appraisers – Guide for Plant Appraisal. 4.22 PRESERVATION OF WILDLIFE Reasonable efforts shall be taken to protect and preserve the nests, or nesting cavities, of beneficial birds and other beneficial animals, unless in-so doing would create a hazardous condition. 4.23 QUALITY OF WORK The Contractor shall be committed to retaining the value of all trees in his care, and at no time under this contract agreement shall the Contractor decrease the value of any tree without written authorization from the Public Works Services Director. The Contractor shall be skilled in arboriculture and have the expertise necessary to perform all duties to the highest standard, as required in this agreement. The Public Works Services Director shall be the sole judge as to the adequacy and quality of maintenance. 4.24 DISEASE CONTROL Any monocot or dicot species that is known to transmit an infectious disease prevalent in the landscape shall be pruned with handsaws, pole saws or reciprocating saws only. Prior to pruning, all saw blades must be sterilized by a ten (10) minute immersion in a bucket of water containing twenty-five (25) percent chlorine bleach. A fresh solution shall be mixed daily. Each tree shall be pruned utilizing a blade that has been sterilized in this fashion, thereby preventing tree-to-tree disease transmission via the saw blade. After a tree has been pruned, the saw blade shall not be utilized again until it has been sterilized by the ten (10) minute immersion method described above. Page 103 City of Rancho Cucamonga Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services ___________________________________________________________________________________________ Submittals Due: September 26, 2018, by 3:00 p.m. Page 22 of 40 4.25 REPLACEMENT OF LANDSCAPE MATERIALS & CITY PROPERTY The Contractor shall be responsible for replacement of City property, private property and any other items deemed necessary due to contractor negligence. 4.26 CONFORMING TO STATE AND FEDERAL GUIDELINES FOR STORM WATER POLLUTION PREVENTION State and Federal guidelines for storm water pollution prevention are known as Best Management Practices (BMP’s). These practices will help reduce groundwater contamination and pollution to our wetlands, beaches, and coastlines. Since Landscaping can and does contribute to storm water pollution, BMP guidelines taken from the California Storm Water Quality Association’s Handbook are provided for the Contractor’s reference. In addition, these BMP’s shall be reviewed with any new employee before he begins work in the field, and with all crews on at least an annual basis. (See Appendix D) 4.27 PERMITS Prior to the start of any work, the Contractor shall obtain the applicable City permits and plan for City inspections. The City will issue the permits at no charge to the Contractor. The Contractor and all subcontractors shall each obtain a City business license and shall be licensed in accordance with State Business and Professions Code. The Contractor shall also obtain all other permits, licenses, inspections, certificates, or authorizations required by any governing body or entity. 4.28 WORK AREA TRAFFIC CONTROL 4.28.1 TRAFFIC CONTROL PERMIT The Contractor shall prepare a permit application for street closure and shall attach two copies of the proposed traffic control signing, barricading and/or detour routing. The permit application and accompanying attachments shall be reviewed by the City Traffic Engineer. Upon the Traffic Engineer's approval, a no-fee Street Closure Permit shall be issued. No Street Closure, Lane Closure, Detour or other work requiring traffic control shall commence prior to issuance of said permit. 4.28.2 SIGNS, BARRICADES, AND DELINEATORS The Contractor shall provide and install barricades, delineators, warning devices and construction signs in accordance with the current California Joint Utility Traffic Control Manual (CJUTCM) published by the California Inter- Utility Coordinating Committee, the Work Area Traffic Control Handbook (WATCH) Page 104 City of Rancho Cucamonga Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services ___________________________________________________________________________________________ Submittals Due: September 26, 2018, by 3:00 p.m. Page 23 of 40 and the current Caltrans Manual of Traffic Controls for Construction and Maintenance Work Zones unless otherwise approved by the Engineer. During adverse weather or unusual traffic or working conditions additional traffic devices shall be placed as directed by the Engineer. 4.28.3 TRAINING Upon award of the contract and before work can begin within the public right-of-way, the contractor shall provide written proof of work zone safety training of all supervisory staff. The contractor will be responsible for all work zone safety inspections and regular training of all staff setting up any traffic control. 4.29 PRUNING – GENERAL REQUIREMENTS (a) Pruning shall be in strict accordance with all standards and methods as prescribed by the International Society of Arboriculture (Appendix A). (b) The Contractor shall prune to retain the natural structure of each tree species, unless otherwise directed by the Public Works Services Director, and have the knowledge and ability to determine each tree species response to pruning. Pruning patterns shall be consistent so that visual continuity is maintained, and the value of all City trees pruned is increased. (c) The use of chain saws shall be restricted to those cuts that cannot be made with hydraulic, pneumatic, or manually operated lopping shears. All blades, chains and other cutting devises shall be kept sharpened, to make a clean final cut, with the bark intact and free from stripping or shredding. Wound dressings are not permitted. (d) Pruning cuts shall be made carefully and at the proper location; this will be back to the parent branch or trunk, just to the outside of the branch collar and branch bark ridge. (e) Branch cuts shall be kept as small as possible to prevent excessive decay. No live branch greater than eight (8) inches in diameter (measured at the base of the branch) shall be removed without authorization from the Public Works Services Director, unless said branch is weakly attached or has other significant defect. (f) Limbs, measuring two (2) inches or greater in diameter, shall be removed using the three-cut method (Appendix A). (g) When pruning mature trees, no more than twenty-five (25) percent of the leaf-bearing canopy should be removed. Live Oaks are limited to ten (10) percent. (h) When reducing the length of a limb back to a lateral branch, the lateral should be at least one-third Page 105 City of Rancho Cucamonga Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services ___________________________________________________________________________________________ Submittals Due: September 26, 2018, by 3:00 p.m. Page 24 of 40 the diameter of the portion removed. (i) Young trees shall be pruned primarily to improve structure (Appendix A). (j) Private trees encroaching upon a City sidewalk or street, and are not providing proper height clearance requirements, shall be raised on the street-side only to mitigate nuisance or hazard. The cost shall be adjusted to one half that for complete raise. (k) The use of climbing spurs, gaffs, or any other climbing devise that causes puncture wounds is prohibited, except for aerial rescue efforts, or during removals. (l) The Contractor shall not prune any tree(s), which have been pruned by a resident or homeowner and have been trained, cut, or sheared in such a way to form a hedge, espalier, or picturesque shape, and have not been trained in the normal landscape shade tree standard of pruning. Such trees shall not be recorded on the work list. These trees are to be noted, and the Contractor shall inform the Public Works Services Director of them by address. (m) Any inappropriate piece of metal, wire, rubber, wood, or other material that is damaging the growing tissue of a tree or predisposes the tree to irreparable damage in the future, shall be removed. If it is determined that the material cannot be removed without further damage to the growing tissue of the tree, it shall not be removed, but necessary actions shall be taken to reduce the impact of this material to the tree by cutting out as much of the exposed surface of it as possible. (n) Vines that are entwined on the trunk or throughout the limb structure shall be removed with caution, avoiding injury to tree. 4.30 PRUNING – WORK TYPE DESCRIPTIONS The following four work type descriptions may be assigned to the Contractor. All general requirements for pruning, as described in section 514, shall be followed. (a) FULL PRUNING - The objective is to improve tree structure, reduce wind sail effect, allow for improved light penetration, provide proper clearances, and to remove dead or other undesirable limbs. Selective pruning shall be implemented; any or all pruning techniques shall be applied depending on the requirements of each tree. These include, structural pruning, crown cleaning, crown thinning, crown reduction, crown raise and crown restoration. (b) CROWN RAISE - In areas where raises are specified, no other type of pruning shall be done. A crown raise is removal of lower branches only, to provide proper height clearance. Fourteen and one-half (14.5) feet clearance is required over streets, where applicable. Nine (9) feet clearance is required over parkways and sidewalks. Eleven (11) feet clearance is required over equestrian trails. To avoid Page 106 City of Rancho Cucamonga Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services ___________________________________________________________________________________________ Submittals Due: September 26, 2018, by 3:00 p.m. Page 25 of 40 destroying the natural structure of small trees, they shall not be raised to the afore-mentioned specifications. Instead, such trees shall be pruned to reduce the length of the obstructing limbs. (c) CROWN CLEANING - In areas where cleaning is specified, no other type of pruning shall be done. Crown cleaning is the removal of dead, dying, diseased, broken and weakly attached branches. Crown cleaning shall also include crown raise, when needed to provide proper clearance. (d) CROWN REDUCTION - In areas where height issues are specified, no other type of pruning shall be done. Crown reduction is used to reduce the height and/or spread of a tree. Thinning cuts are most effective in maintaining the structural integrity and natural form of a tree and in delaying the time when it will need to be pruned again. The lateral to which a branch or trunk is cut should be at least one-half the diameter of the cut to be made. (e) PALM PRUNING – Palm fronds are to be removed so that a 90-degree angle is achieved. The angle shall be measured from the horizontal axis of the growing point base. All dead fronds, flower stalks and fruit stalks shall be removed and cut as close to their base as possible without damaging adjacent fronds or trunk tissue. Loose petioles from previous pruning operations shall be removed carefully. When pruning palms in the Phoenix genus it is imperative to sterilize all pruning equipment (as described in section 900-27 to avoid possible tree-to-tree transmission of the disease Fusarium oxysporum. 4.31 SELECTIVE PRUNING When performing any of the four pruning work types, mentioned in section 900-33, it is imperative to employ selective pruning to prevent over pruning. If any tree in an assigned area requires a lesser amount of pruning than what has been assigned, only that which is necessary will be performed. 4.32 TREE REMOVALS (a) All tree removal operations shall be in strict accordance with the methods prescribed by the International Society of Arboriculture. (b) Trees designated for removal by the Public Works Services Director will be marked with a DOT, using white paint, on the trunk, just above the root collar of the tree. If for any reason there is doubt regarding the trees(s) to be removed, the Public Works Services Director will be contacted before work commences. Page 107 City of Rancho Cucamonga Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services ___________________________________________________________________________________________ Submittals Due: September 26, 2018, by 3:00 p.m. Page 26 of 40 (c) Felling is permitted providing it can be safely achieved without endangering surrounding property and will not interfere with vehicular traffic. A tag line(s) shall be used to direct fall always. All bystanders shall be kept at a safe distance from the work site. (d) Trees too large to fell shall be removed in sections. Each section shall be cut into a size that can be handled easily and safely by one tree worker. If section is too heavy for one worker, it shall be rigged and lowered to the ground. The means of lowering shall be acceptable to the Public Works Services Director. (e) Stump grinding shall be incorporated with the removal of the tree and performed on the same day. The underground service alert regional notification center (Dig Alert) must be called prior to the start of the removal list, to allow sufficient time for each site to be marked before work begins. (f) The depth of stump grind shall be no less than eighteen (18) inches below lowest surface grade. The grind shall comprise the entire stump below soil surface and any uplifted portion of the soil caused by the root flare. Exposed roots, whether in the public right of way or private property, shall be traced and ground or chopped out to a depth of no less than eight (8) inches below the lowest surface grade. If irrigation is damaged it shall be repaired immediately. The site shall be backfilled with a mix of 60% soil and 40% of the remaining wood chips; then firmly tamped down to allow for as little settling as possible. All excess wood chips and soil shall be hauled away. When complete, the work site shall be level and at the original soil grade of the surrounding area. 4.33 TREE PLANTING AND STAKING (a) Trees purchased by the Contractor shall comply with the specifications set forth in the Standards for Purchasing Container-Grown Landscape Trees (Appendix E). (b) All trees shall be planted according to the Standards prescribed by the International Society of Arboriculture. The City standard drawing for tree planting shall be followed (Appendix F). (c) The Contractor shall follow the requirements in section 900-13, UNDERGROUND ALERT of this contract before the excavation of any tree-planting site. (d) Prior to planting, the natural root flare must be identified. Any soil that may be covering the root flare must be removed. The planting hole shall be dug to a size of two times the width of the root ball, leaving the bottom firm, to prevent the tree from settling. The container shall be removed carefully to prevent root or stem damage; the tree shall not be pulled by the stem. If the container does not come off easily, it shall be cut on one or more sides, from top to bottom, to allow its removal. Circling roots shall be separated and spread outward. Densely matted roots that cannot be teased apart shall be cut cleanly in two places. Page 108 City of Rancho Cucamonga Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services ___________________________________________________________________________________________ Submittals Due: September 26, 2018, by 3:00 p.m. Page 27 of 40 (e) The tree shall be lifted by the root ball only and carefully placed in the planting hole. The root ball shall be oriented so that the tree stands vertical, with the top of the root ball approximately one to two inches higher than the soil grade. Backfill shall be native soil only with no rocks greater than three inches diameter. Soil shall not be placed on top of the root ball. Displace air pockets in the backfill by moderately tamping with shovel handle and watering in. Check for settling and add backfill if necessary. To avoid compaction of the soil, do not tamp the backfill with excessive pressure or use broad, heavy objects. (f) Any tree that can stand upright without support and would be able to withstand prevailing winds along with yearly Santa Ana wind occurrences shall not be staked. (g) If upon determining a tree cannot support itself, two stakes of good quality treated lodge pole pine not exceeding eight feet in length and no more than two and one-half inches in diameter, shall be used. The stakes shall be placed in a northwest / southeast configuration to give maximum support during heavy wind conditions and placed outside the root ball, avoiding any damage to roots. Stakes shall be pounded down until sufficiently stable. The top of the stakes interfering with branch structure shall be cut off below the lowest branch where the tree’s growth habit permits. (h) Trees shall be tied to stakes using rubber cinch ties, thirty-two inches in length, attached by a method of a figure eight loop between the tree trunk and each stake. Ties shall be attached to stakes with galvanized nails driven into the stakes. A minimum of two ties shall be used, placed high enough on the trunk to support the crown. Additional ties shall be placed lower on the trunk if needed to straighten. Ties shall be taught enough to prevent trunk from rubbing against the stakes, but with a modest amount of slack to allow movement of the tree. Ties shall not be placed in branch crotches. (i) A plastic guard shall be placed loosely around the base of the trunk. (j) A watering basin shall be placed around the outer edge of the root ball in areas where run-off will occur. The basin shall be in the form of a tightly compacted soil berm, three inches in height. A watering basin is not required on turf or dense groundcover. 4.34 STAKING ONLY The Contractor shall stake any tree that is unable to stand upright on its own, whether the existing stakes have become loosened, damaged, incorrectly installed, or where the stakes are absent. This work shall be performed in any area where the contractor is pruning or where otherwise directed by the Public Works Services Director. All the standards shall be followed. Page 109 City of Rancho Cucamonga Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services ___________________________________________________________________________________________ Submittals Due: September 26, 2018, by 3:00 p.m. Page 28 of 40 4.35 STAKE REMOVAL The Contractor shall remove stakes from trees that have achieved sufficient stability and grown to at least three (3) inches diameter at breast height (DBH). The stakes should be pulled completely out of the ground when possible; otherwise, the stakes shall be cut down below grade and backfilled with soil. All undamaged tree stakes that are suitable for re-use shall be returned to the City. The Contractor shall dispose of all damaged tree stakes. Stake removal shall be performed in any area where the contractor is pruning, and there shall be no extra charge incurred. 4.36 REMOVAL OF BRUSH AND DEBRIS (a) The Contractor shall be responsible for the removal and disposal of all debris, i.e. wood, branches, brush, chippings, and any other material resulting from tree maintenance operations. (b) Contractor must comply with all state, county and local laws and ordinances applicable to and governing such disposal. (c) Disposal of all Eucalyptus wood infested with the larvae of the Eucalyptus Long Horned Borer shall follow the State of California Public Resources Code, Article 5, Section 4714.5. 4.37 TREE WATERING Watering is to be performed by a one-man crew with a water truck. Contractor shall include the pricing to water newly planted trees for the first year after initial planting. Watering will occur along various routes including landscape medians, parkways, parks, and City facilities. At the discretion of the Public Works Services Director, older trees will be included on a watering schedule. 4.38 ARBORIST SERVICES On occasion, the City requires tree evaluations including written reports. The Contractor shall provide an hourly rate for an Arborist that can respond to the City’s request(s) for the preparation of detailed arborist reports, tree risk assessment reports, tree evaluations and site inspections. Reporting can be generated on as little as one tree to an entire urban forest population and is handled on a case-by-case basis. Page 110 City of Rancho Cucamonga Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services ___________________________________________________________________________________________ Submittals Due: September 26, 2018, by 3:00 p.m. Page 29 of 40 4.39 MILLING On occasion, the City may request for some of the removed Urban Forest material be milled down for special projects. The Contractor shall provide a per foot milling cost of this material. Milling can be performed on or off site. 5. EVALUATION AND VENDOR SELECTION PROCESS 5.1 INITIAL SCREENING All RFP responses will undergo an initial review to determine responsiveness to the instructions herein. Those RFP responses initially determined to be responsive will proceed to the next phase of the evaluation process. 5.2 EVALUATION ACTIVITIES RFP responses deemed as having met the standard RFP requirements as indicated herein are then evaluated by an Evaluation Committee. The RFP submittals are scored and assigned a ranking of one (1) through ten (10), ten being the highest possible score. The following criteria have been assigned percentages that the criteria will be scored against, based upon but not limited to the following evaluation criteria factors: • Cost – 25% • Vendor Experience - 15% • Quality of proposed services or goods – 15% • Extent to which the vendors services or goods meet the City’s needs – 20% • Corporate Capability – 5% o Qualifications of staff o Licensing required to perform various tree maintenance services • Services Offered to the City – 5% o Proposed program o Detailed list of services o Ability to provide services • Equipment Evaluation – 5% o List of Equipment o Aerial device certification • Information Management – 5% o Method for completing and updating the City’s tree inventory program Page 111 City of Rancho Cucamonga Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services ___________________________________________________________________________________________ Submittals Due: September 26, 2018, by 3:00 p.m. Page 30 of 40 o Backup inventory software provided to the City o Technical support for all software and data management • Employee Training – 5% o Safety Training o Customer Service Training 5.3 COST EVALUATION Cost Proposals are evaluated by the Procurement Division and are scored based on the following calculations; Score = Lowest Proposal Cost / Cost of Proposal being scored X Maximum Points Available (10) The score is then added to the spreadsheet criteria scores. 5.4 REFERENCE CHECKS Reference checks are conducted by the Purchasing Division. The department requesting the services may participate in the reference checks. The reference checks may be conducted by phone with the information being scribed or conducted by a written form, submitted to the Consultant’s reference contact. Reference contacts will be asked several predetermined questions for response and to provide a score from one (1) to ten (10), ten being the highest. Scores are then tabulated and added to the spreadsheet with the criteria scores. It is imperative that Consultants provide up to date and accurate information regarding contact information for reference checks. All scores are then tabulated into the final Consultant ranking. Evaluators do not see the Vendor References or Cost Proposals. Reference checks are conducted by the Procurement Division and a pass/fail is assigned based off the reference feedback received. Cost Proposals are evaluated by the Procurement Division to ensure that the proposed cost is not over the budget or Not-to-Exceed amount for the project. 5.5 DEMONSTRATIONS/ INTERVIEWS Upon completion of the RFP evaluations and data analysis, and only if necessary, selected top ranked Vendors will be provided an opportunity to interview and conduct a demonstration or presentation to further expand on their RFP response. Vendor interviews/demonstrations are scored and assigned a ranking of one (1) through ten (10), ten being the highest possible score, based upon but not limited to the evaluation criteria factors as stated within the RFP. Page 112 City of Rancho Cucamonga Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services ___________________________________________________________________________________________ Submittals Due: September 26, 2018, by 3:00 p.m. Page 31 of 40 5.6 FINANCIAL DOCUMENTATION Vendors that proceed to the short-list may be required to submit financial documentation as proof of its firm’s financial stability and strength. A financial review will be conducted by the City and Finance Department. Should a Vendor wish for its financial documentation to be treated as proprietary or be returned upon completion of the review, the documentation must clearly be marked as such. The following documentation will be required of each Vendor on the short-list: • A copy of the Vendor’s most recent annual report. • Audited (by a third party), balance sheets and income statements for the past three (3) years. • If audited data is not available, Vendor shall submit copies of complete tax returns for the past three (3) years. • Describe any regulatory censure and past or pending litigation related to services provided by the Vendor. • Indicate all applicable information regarding Vendor ownership changes in the last three (3) years. 5.7 BEST AND FINAL OFFER Upon completion of Vendor presentations and interview the City reserves the right to conduct pre-award discussions and/or pre-contract negotiations with all or only top ranked Vendors. At which time the City may request a Best and Final Offer to be submitted from one or all finalists. 5.8 VENDOR SELECTION The final Vendor selection is based on which Vendor is the most responsive, meeting the City ’s requirements, offering the best value at the most competitive price. The City is not obligated to award to the lowest price proposal. The City may conduct negotiations with several Vendors simultaneously. The City may also negotiate contract terms with the selected Firms prior to award. The City, at its sole discretion, reserves the right, unless otherwise stated, to accept or reject all or any RFP responses, or any part thereof, either separately or to waive any informality and to split or make the award in any manner determined to be in the best interest of the City. Page 113 City of Rancho Cucamonga Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services ___________________________________________________________________________________________ Submittals Due: September 26, 2018, by 3:00 p.m. Page 32 of 40 5.9 LETTER OF INTENT TO AWARD After a final Vendor selection is determined, a Letter of Intent to Award (LOI) will be posted for review by all participating, responsive Vendors. Negotiations shall be confidential and not subject to disclosure to competing Vendors unless an agreement is reached. If contract negotiations cannot be concluded successfully, City may negotiate a contract with the next highest scoring Vendor or withdraw the RFP entirely. 5.10 PARTICIPATION CLAUSE It is hereby understood that other government entities, such as cities, counties, and special/school districts may utilize this RFP response at their option for equipment or services at the RFP response price for a period of ________ days. Said entities shall have the option to participate in any award made because of this solicitation. Any such piggy-back awards will be made independently by each agency, and the City is not an agent, partner or representative of these agencies and is not obligated or liable for any action of debts that may arise out of such independently negotiated piggy-back procurement. Each public agency shall accept sole responsibility of its own order placement and payments of the Vendor. Successful Vendor will extend prices as proposed herein to other governmental agencies, please specify. YES __________ NO _________ Page 114 City of Rancho Cucamonga Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services ___________________________________________________________________________________________ Submittals Due: September 26, 2018, by 3:00 p.m. Page 33 of 40 “EXHIBIT A” CITY CONFLICT OF INTEREST/NON-DISCLOSURE STATEMENT It is the policy of the City to prevent personal or organizational conflict of interest, or the appearance of such conflict of interest, in the award and administration of City Contracts, including, but not limited to Contracts for Professional Services Agreements (“PSA”) with potential Vendors. I do not have specific knowledge of confidential information regarding RFP responses received in response to the Request for Proposal RFP # 18/19-007 for Citywide Tree Maintenance Service. I agree not to disclose or otherwise divulge any information pertaining to the contents, status, or ranking of any RFP response to anyone. I understand the terms and "disclose or otherwise divulge" to include, but are not limited to, verbal conversations, written correspondence, reproduction of any part or any portion of any RFP response, or removal of same from designated areas. I, the undersigned, hereby certify that the following statements are true and correct and that I understand and agree to be bound by commitments contained herein. ______________________________________ (Print Name) ______________________________________ (Relationship to the City) ______________________________________ (Relationship to the Vendor) ______________________________________ (Signature) ______________________________________ (Date) Must be included in final RFP submittal. Page 115 City of Rancho Cucamonga Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services ___________________________________________________________________________________________ Submittals Due: September 26, 2018, by 3:00 p.m. Page 34 of 40 “EXHIBIT B” REFERENCES WORKSHEET The following References Worksheet must be complete, failure to do so the required information will disqualify your Solicitation response. Provide a minimum of four (4) clients that are similar in size to the City that your company has conducted comparable or like services. Preferred references should be government agencies and be a current customer within the past three (3) years. Please verify accuracy of contact information. To be submitted as a separate attachment, in conjunction with the RFP response. Reference 1 Company Name Contact Name and Title Company Address Contact Telephone Number Contact Email Description of Comparative Services and Project Cost (please be specific) Reference 2 Company Name Contact Name and Title Company Address Contact Telephone Number Contact Email Description of Comparative Services and Project Cost (please be specific) Page 116 City of Rancho Cucamonga Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services ___________________________________________________________________________________________ Submittals Due: September 26, 2018, by 3:00 p.m. Page 35 of 40 Reference 3 Company Name Contact Name and Title Company Address Contact Telephone Number Contact Email Description of Comparative Services and Project Cost (please be specific) Reference 4 Company Name Contact Name and Title Company Address Contact Telephone Number Contact Email Description of Comparative Services and Project Cost (please be specific) Must be included in final RFP submittal. Page 117 City of Rancho Cucamonga Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services ___________________________________________________________________________________________ Submittals Due: September 26, 2018, by 3:00 p.m. Page 36 of 40 “EXHIBIT C” PROFESSIONAL SERVICES AGREEMENT EXCEPTIONS SUMMARY Mark the appropriate choice, below: _____ Vendor accepts the PSA without exception. OR _____ Vendor proposes exceptions to the PSA. Summarize all exceptions on a separate document. Enclose a written summary of each change and title as “Exception Summary”, which shall include the Vendor’s rationale for proposing each such exception. Each exception must be labeled with the Section number in the PSA. Failure to properly reference exceptions in the submitted summary may deem the response as non-responsive. ___________________________________ Signature ___________________________________ Printed Name ___________________________________ Title ___________________________________ Date Must be included in final RFP submittal. Page 118 City of Rancho Cucamonga Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services ___________________________________________________________________________________________ Submittals Due: September 26, 2018, by 3:00 p.m. Page 37 of 40 “EXHIBIT D” ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS AND CERTIFICATION OF ABILITY TO PROVIDE AND MAINTAIN COVERAGES SPECIFIED I, _______________________________ the ______________________________________________ (President, Secretary, Manager, Owner or Representative) of , certify that the (Name of Company, Corporation or Owner) Specifications and General Provisions regarding insurance requirements as stated within the Professional Services Agreement (PSA), for the Purchase Contract designated Request for Proposal (“RFP”) # 18/19-007 for Citywide Tree Maintenance Services have been read and understood and that our Vendor is able to provide and maintain the coverage as specified in the PSA. Failure to provide said coverage, upon request to finalize the PSA prior to award shall be sufficient cause for immediate disqualification of award. Failure to maintain said coverage shall result in termination of the contract. ___________________________________ Signature ___________________________________ Printed Name ___________________________________ Title ___________________________________ Date Must be included in final RFP submittal. Page 119 City of Rancho Cucamonga Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services ___________________________________________________________________________________________ Submittals Due: September 26, 2018, by 3:00 p.m. Page 38 of 40 “EXHIBIT E” ADDENDUM ACKNOWLEDGEMENT The Vendor hereby acknowledges the following Addenda Number(s) to this RFP have been received, if any. Vendor understands failure to acknowledge any addenda issued may cause the RFP response to be considered non-responsive. It is the Vendor’s responsibility to log into the Bid System to identify and download the number of addenda that have been posted. • __________________ • __________________ • __________________ • __________________ ___________________________________ Signature ___________________________________ Printed Name ___________________________________ Title ___________________________________ Date Must be included in final RFP submittal. Page 120 City of Rancho Cucamonga Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services ___________________________________________________________________________________________ Submittals Due: September 26, 2018, by 3:00 p.m. Page 39 of 40 “EXHIBIT F” VENDOR CERTIFICATION FORM I certify that neither __________________ (Vendor) nor any of its proposed subcontractors are currently under suspension or debarment by any state or federal government agency, and that neither Vendor nor any of its proposed subcontractors are tax delinquent with the State of California. I acknowledge that if Vendor or any of its subcontractors subsequently are placed under suspension or debarment by a local, state or federal government entity, or if Vendor or any of its subcontractors subsequently become delinquent in California taxes, our Proposal may be disqualified. ___________________________________ Signature ___________________________________ Printed Name ___________________________________ Title ___________________________________ Date Must be included in final RFP submittal. Page 121 City of Rancho Cucamonga Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services ___________________________________________________________________________________________ Submittals Due: September 26, 2018, by 3:00 p.m. Page 40 of 40 “EXHIBIT G” SIGNATURE OF AUTHORITY The undersigned firm declares that he has carefully examined the specifications and read the above terms and conditions, and hereby proposes and agrees, if this RFP response is accepted, to furnish all material in accordance with the specifications and instructions, in the time and manner therein prescribed for the unit cost amounts set forth in the following RFP response. THE VENDOR IN SUBMITTING THIS RFP RESPONSE MUST FILL IN THE FOLLOWING INFORMATION. FAILURE TO DO SO MAY DEEM YOUR RFP RESPONSE AS NON-RESPONSIVE. Company Name: Address: (Street, Su. # City, State, Zip) Telephone #: Fax #: E-mail address: Web Address: Authorized Representative: (print) Title: Signature: Date: Must be included in final RFP submittal. Page 122 REQUEST FOR PROPOSALS (“RFP”) #18/19-007 FOR CITYWIDE TREE MAINTENANCE SERVICES APPENDICES A - H Page 123 City of Rancho Cucamonga and RCFPD Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services Appendices A - H ___________________________________________________________________________________________ Page 2 of 16 APPENDIX A - FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENT: THAT as Principal, and , as Surety, are held and firmly bound unto the City of Rancho Cucamonga, hereinafter called City, in the just and full amount of (Written) $ (Figures) payment whereof we hereby bind ourselves, our heirs, executor’s administrators, successors and assigns, jointly and severally, firmly by these presents. Given under our hands and sealed with our seal this day of , 20 . The condition of the foregoing obligation is such that, WHEREAS, the above-named principal is about to enter into a contract with the City, whereby said principal agrees to construct “CITYWIDE TREE MAINTENANCE SERIVCES” in accordance with the AGREEMENT dated , which said contract is hereby referred to and made a part hereof to the same extent as if the same were herein specifically set forth; NOW, THEREFORE, if the said principal shall well and truly do and perform all things agreed by the principal in said contract to be done and performed, then this obligation is to be void; otherwise it will remain in full force and effect; PROVIDED, that for value received the undersigned stipulate and agree that no amendment, change, extension of time, alteration or addition to said contract, or agreement, or of any feature or item or items of performance required therein or thereunder shall in any manner affect the obligations of the undersigned under this bond; and the surety does hereby waive notice of such amendment, limitation of time for bringing action on this bond by the City, change, extension of time, alteration or addition to said contract or agreement and of any feature or time of performance required therein or thereunder. WITNESS our hands this day of , 20 . By: Title: Surety: By: Individual Partnership Corporation Other, explain SIGNATURES OF CONTRACTOR MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. PLEASE ATTACH APPROPRIATE ACKNOWLEDGMENT FORMS (INDIVIDUAL, PARTNERSHIP, CORPORATION, ETC.). Page 124 City of Rancho Cucamonga and RCFPD Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services Appendices A - H ___________________________________________________________________________________________ Page 3 of 16 APPENDIX B – PAYMENT BOND (LABOR and MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the CITY OF RANCHO CUCAMONGA (“City”) has awarded to (Name and address of Contractor) (“Principal”), a contract (the “Contract”) for the work described as follows: “CITYWIDE TREE MAINTENANCE SERVICES”. WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW THEREFORE, we, the undersigned Principal, and (Name and address of Surety (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum of ($ ), this amount being not less than one hundred percent (100%) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 9100 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void. This bond shall insure to the benefit of any of the persons named in Section 9100 of the California Civil Code to give a right of action to such persons or their assigns in any suit brought upon the bond. In case the suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys’ fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date Page 125 City of Rancho Cucamonga and RCFPD Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services Appendices A - H ___________________________________________________________________________________________ Page 4 of 16 set forth below, the name of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Date: _______________ ____________ “Principal Signature” “Surety Signature” _______________ ____________ “Principal Signature” “Surety Signature” By: ________ By: ___________ By: _________ By: ___________ (Seal) (Seal) Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Page 126 City of Rancho Cucamonga and RCFPD Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services Appendices A - H ___________________________________________________________________________________________ Page 5 of 16 APPENDIX C – TREE PRUNING METHODS REASONS FOR PRUNING The goals set forth in pruning are to improve tree structure, reduce hazards; provide clearances, and increase light and air penetration. PRUNING CUTS (a) Each cut should be made carefully, at the correct location, leaving a smooth surface with no jagged edges or torn bark. (b) When pruning lateral branches, the final cut should be made back to the parent branch or trunk, just to the outside of the branch collar and branch bark ridge. When removing a dead branch, the final cut should be made just outside the collar of living tissue. If the collar has grown along a branch stub, only the dead stub should be removed (Figure A1). (c) To prevent bark tearing, large limbs should be removed using the three-cut method. The first cut undercuts the limb one or two feet out from the parent branch or trunk. The second cut, made on the top, is positioned slightly farther out than the undercut. The third cut is to remove the stub (Figure A2). (d) When it is necessary to reduce the length of the parent branch or leader, it should be cut back to a lateral branch that is large enough to sustain itself and to assume apical dominance. The cut should bisect the angle between the branch bark ridge and an imaginary line perpendicular to the branch or stem being removed (Figure A3). Figure A1 – Pruning lateral branches Page 127 City of Rancho Cucamonga and RCFPD Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services Appendices A - H ___________________________________________________________________________________________ Page 6 of 16 Figure A2 – The three-cut method Figure A3 – Limb reduction STRUCTURAL PRUNING OF YOUNG TREES No more than 25 percent of the canopy should be removed in any one year. (a) Remove any broken, dead, dying, or damaged branches. (b) Select and establish a dominant leader. This should be the strongest vertical stem. Co-dominant stems should be subordinated (cut back) or removed (Figure A4). (c) Select and establish the lowest permanent branch. (d) Select and establish scaffold branches. These branches should be well attached, appropriate in size, and have proper vertical and radial spacing. The vertical spacing should be at least 18 inches for larger tree species and 12 inches for smaller species. (e) Select and subordinate temporary branches below the lowest permanent branch and among the scaffold branches. These branches should be maintained while the tree is young. Page 128 City of Rancho Cucamonga and RCFPD Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services Appendices A - H ___________________________________________________________________________________________ Page 7 of 16 (f) Figure A4 – Removal of a co-dominant stem CO-DOMINANT STEMS If two branches develop from apical buds at the tip of the stem, they will form co-dominant stems. This type of branch structure produces narrow angles at the point of attachment that leads to the formation of included bark. This is bark that becomes enclosed inside the crotch as the two branches grow and develop. Included bark weakens the branch attachment, making the tree more prone to failure. It is best if one co-dominant stem is removed when the tree is young. When faced with large co-dominant branches in older trees, these should be suppressed by reducing the length of the least vigorous limb, thus slowing its growth. The relative size of a branch in relation to the trunk is more important for strength of branch attachment than is the angle of attachment. PRUNING MATURE TREES No more than 25 percent of the canopy should be removed in any one year. Pruning cuts should be kept as small as possible. The various pruning techniques are as follows. (a) Crown Cleaning: Selective removal of dead, dying, diseased, broken, or weakly attached branches. (b) Crown Thinning: Includes crown cleaning as well as selective removal of branches to increase light and air penetration, reduce weight, and reduce wind-sail effect. The natural structure and shape of the tree should be preserved, and an even distribution of inner lateral branches should be maintained throughout the canopy. Care must be taken to avoid “lion tailing”, which is created when excessive laterals are removed from a limb, leaving most of foliage at the end, thus causing a weight imbalance. (c) Crown Raise: The removal of lower branches to provide proper height clearances. It is imperative that the crown is not raised excessively. A properly raised tree should have a well-formed, tapered structure, which will be able to uniformly distribute stress; approximately one-half of the foliage should originate from branches on the lower two-thirds of the tree. Page 129 City of Rancho Cucamonga and RCFPD Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services Appendices A - H ___________________________________________________________________________________________ Page 8 of 16 (d) Crown Reduction: Used to reduce the size of a tree. Limbs are cut back to their point of origin or to a lateral capable of sustaining the remaining limb and assuming apical dominance. When a branch is cut back to a lateral, no more than one-fourth of its foliage should be removed. The remaining lateral branch must be at least one-third the diameter of the branch removed, but this rule may vary with species, age, climate, and the condition of the tree. Consideration must also be given to the ability of the species to sustain this type of pruning. (e) Crown Restoration: Is the selective removal of water sprouts, and the removal of all stubs and dead limbs to improve a trees structure and form. This method of pruning is usually done because of storm damage or a previous topping. One to three vigorous sprouts on main branch stubs are selected to become permanent branches and to re-form a more natural-appearing crown. These sprouts may need to be subordinated to control apical growth and ensure adequate attachment for their size. Restoration usually requires several pruning jobs over several years. Page 130 City of Rancho Cucamonga and RCFPD Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services Appendices A - H ___________________________________________________________________________________________ Page 9 of 16 APPENDIX D – CITY CONTRACTOR WORK LIST City of Rancho Cucamonga SPECIES SIZE QUANTITY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 JOB #PRUNING - VARIOUS LOCATIONS WORK TYPELOCATION NOTES "contractor name" Page 131 City of Rancho Cucamonga and RCFPD Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services Appendices A - H ___________________________________________________________________________________________ Page 10 of 16 APPENDIX E – CITY TREE INVENTORY SHEET City of Rancho Cucamonga TREE INVENTORY RIGHT ADDRESS SITE SPECIES DBH HEIGHT SPREAD REMARKS Unit Cost OF WAY Page Total 0 Page 132 APPENDIX F – SPECIFICATIONS FOR PROCURING CONTAINER GROWN LANDSCAPE TREES PROPER IDENTIFICATION All trees shall be true to name as ordered or shown on the planting plans and shall be labeled individually or in groups by species and cultivar (where appropriate). COMPLIANCE All trees shall comply with federal and state laws and regulations requiring inspection for plant disease, pests and weeds. TREE CHARACTERISTICS AT THE TIME OF SALE OR DELIVERY A. TREE HEALTH 1. Trees shall be healthy and vigorous; free of injury from biotic (insects, pathogens, nematodes, etc.) and abiotic agents (herbicide toxicity, salt injury, improper irrigation, etc.). 2. The size, color and appearance of the leaves shall be typical for the time of year and stage of growth of the species/cultivar; and shall not be stunted, misshapen, tattered, discolored (chlorotic or necrotic) or otherwise atypical. 3. The length and diameter of shoot growth throughout the crown shall be typical for the age and size of the species/cultivar. 4. Overall height and trunk diameter shall be typical for the age, species/cultivar and container size. B. CROWN Central Leader: The best quality shade trees, and most evergreen trees, have a dominant or central leader or trunk that extends up to the top of the canopy. Shade trees of lesser quality have two or more leaders or trunks, which compete against each other. Branches that have narrow angles of attachment and co-dominant stems tend to break at the point of attachment, especially when associated with included bark. Trees purchased from the nursery should have a single, relatively straight central leader and tapered trunk, free of co-dominant stems that compete with the central leader. The central leader should not have been headed. However, in cases where the original leader has been removed, an upright branch at least ½ (one-half) the diameter of the original leader just below the pruning point shall be present. Page 133 City of Rancho Cucamonga and RCFPD Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services Appendices A - H ___________________________________________________________________________________________ Page 12 of 16 Co-dominant stems with Included Bark Form: The form or shape of the crown shall be symmetrical, and typical for the species/cultivar. The crown shall not be significantly deformed by wind, pruning practices, pests or other factors. Branch Spacing: 1. Branches shall be distributed radially around and vertically along the trunk, forming a generally symmetrical crown typical for the species/cultivar. 2. Branches shall be no larger than 2/3 (two thirds) the diameter of the trunk, measured 1" (one inch) above the branch. 3. The attachment of scaffold branches shall be free of included bark. Branch Diameter: shall be no larger than 2/3 (two thirds) the diameter of the trunk, measured 1" (one inch) above the branch. Temporary branches: Unless otherwise specified, small "temporary" branches should be present along the trunk below and above the lowest main (scaffold) branch, particularly for trees less than 1-1/2" (one and one-half inches) in trunk diameter. Temporary branches should be distributed around and vertically Page 134 City of Rancho Cucamonga and RCFPD Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services Appendices A - H ___________________________________________________________________________________________ Page 13 of 16 along the trunk and should be no greater than 3/8" (three-eighths inch) in diameter and no greater than ½ (one-half) the diameter of the trunk at the point of attachment. Heading of temporary branches is usually necessary to limit their growth. Good branch spacing, with temporary branches above and below the lowest main branch. Good trunk taper C. TRUNK 1. Trunk diameter and taper shall be sufficient so that the tree will remain vertical without the support of a nursery stake. 2. The trunk shall be free of wounds (except properly-made pruning cuts), sunburned areas, conks (fungal fruiting-bodies), wood cracks, bleeding areas, signs of boring insects, galls, cankers and/or lesions. 3. Trunk diameter shall be within the range shown in the table below and shall be taken 6” (inches) above soil surface. D. ROOTS 1. The trunk, root collar (root crown) and large roots shall be free of circling and/or kinked roots. Soil removal near the root collar may be necessary to verify that circling and/or kinked roots are not present. Container Size Trunk Diameter (inches) 5 gallons 0.5 to 0.75 15 gallons 0.75 to 1.5 24-inch box 1.5 to 2.5 Page 135 City of Rancho Cucamonga and RCFPD Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services Appendices A - H ___________________________________________________________________________________________ Page 14 of 16 2. The tree shall be well rooted in the container. When the container is removed, the root ball shall remain intact, and when the tree is lifted, the trunk and the root system shall move as one. 3. The upper-most roots or root collar shall be within 1" (one inch) above or below the soil surface. The soil level should be within 2’ (two inches) of the top of the container (see table below). Container Size Soil Level from Top of Container (inches) 5 gallons 1.25 to 2 15 gallons 1.75 to 2.75 24-inch box 2.25 to 3 4. The root ball periphery should be free of large circling and bottom-matted roots. The acceptable diameter of circling peripheral roots depends on species and size of root ball. 5. On grafted or budded trees, there shall be no suckers from the root stock. E. MOISTURE STATUS At time of inspection and delivery, the root ball shall be moist throughout, and the tree crown shall show no signs of moisture stress, as indicated by wilt. Roots shall show no signs of being subjected to excess soil moisture conditions, as indicated by root discoloration, distortion, death, or foul odor. INSPECTION The City of Rancho Cucamonga reserves the right to reject trees that do not meet specifications as set forth in these guidelines. DELIVERY Delivery shall be made at the agreed-upon date and time. The vendor shall notify the City, as soon as possible, of any delivery which becomes delayed due to extenuating circumstances. Page 136 City of Rancho Cucamonga and RCFPD Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services Appendices A - H ___________________________________________________________________________________________ Page 15 of 16 GLOSSARY Co-dominant - Two or more vigorous and upright branches of relatively equal size that originate from a common point, usually where the leader has been lost or removed. Crown - The aboveground part of the tree including the trunk. Cultivar - A named plant selection from which identical or nearly identical plants can be produced, usually by vegetative propagation or cloning. Girdling root - A root that partially or entirely encircles the trunk and/or buttress roots, which could restrict growth and downward movement of photosynthate and/or water and nutrients up. Included bark - Bark embedded within the crotch between a branch and the trunk or between two or more stems that prevents the formation of a normal branch bark ridge. This often occurs in branches with narrow-angled attachments or branches resulting from the loss of the leader. Such attachments are weak and subject to splitting. Kinked root – Is a primary root, which is sharply bent, causing a restriction to water, nutrient, and photosynthate movement. Kinked roots may compromise the structural stability of roots systems. Leader - The dominant stem which usually develops into the main trunk. Photosynthate - Pertains to sugar and other carbohydrates that are produced by the foliage during photosynthesis, an energy trapping process. Root collar - The flared area at the base of a tree where the roots and trunk merge; also referred to as the "root crown" or "root flare". Shall - Used to denote a practice that is mandatory. Should - Used to denote a practice that is recommended. Scaffold branches - Large, main branches that form the main structure of the tree. Temporary branch - A small branch that is retained temporarily along the trunk of young trees. Temporary branches provide photosynthate to increase trunk caliper and taper and help protect it from sunburn damage and mechanical injury. Such branches should be kept small and gradually removed as the trunk develops. Trunk - The main stem or axis of a tree that is supported and nourished by the roots and to which branches are attached. Page 137 City of Rancho Cucamonga and RCFPD Request for Proposals (“RFP”) #18/19-007 for Citywide Tree Maintenance Services Appendices A - H ___________________________________________________________________________________________ Page 16 of 16 APPENDIX G – STORMWATER BEST MANAGEMENT PRACTICES Page 138 Page 139 Page 140 Page 141 Page 142 Page 143 Page 144 APPENDIX H - Double Staked Tree Drawing Page 145 ____________ Vendor Initials PSA without professional liability insurance (contractor) Page 1 Last Revised: 05/22/14 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this day of , 20 , by and between the City of Rancho Cucamonga, a municipal corporation (“City”) and , a (“Contractor”). RECITALS A. City has heretofore issued its request for proposals to perform the following services: (“the Project”). B. Contractor has submitted a proposal to perform the services described in Recital “A”, above, necessary to complete the Project. C. City desires to engage Contractor to complete the Project in the manner set forth and more fully described herein. D. Contractor represents that it is fully qualified and licensed under the laws of the State of California to perform the services contemplated by this Agreement in a good and professional manner. AGREEMENT NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: 1. Contractor’s Services. 1.1 Scope and Level of Services. Subject to the terms and conditions set forth in this Agreement, City hereby engages Contractor to perform all services described in Recitals “A” and “B” above, including, but not limited to , all as more fully set forth in the Contractor’s proposal, dated and entitled “Scope of Work”, attached hereto as Exhibit “A”, and incorporated by reference herein. The nature, scope, and level of the services required to be performed by Contractor are set forth in the Scope of Work and are referred to herein as “the Services.” In the event of any inconsistencies between the Scope of Work and this Agreement, the terms and provisions of this Agreement shall control. 1.2 Revisions to Scope of Work. Upon request of the City the Contractor will promptly meet with City staff to discuss any revisions to the Project desired by the City. Contractor agrees that the Scope of Work may be amended based upon said meetings, and, by amendment to this Agreement, the parties may agree on a revision or revisions to Contractor’s compensation based thereon. A revision pursuant to this Section that does not increase the total cost payable to Contractor by more than ten Page 146 ____________ Vendor Initials PSA without professional liability insurance (contractor) Page 2 Last Revised: 05/22/14 percent (10%) of the total compensation specified in Section 3, may be approved in writing by City’s Manager without amendment. 1.3 Time for Performance. Contractor shall perform all services under this Agreement in a timely, regular basis consistent with industry standards for professional skill and care, and in accordance with any schedule of performance set forth in the Scope of Work, or as set forth in a “Schedule of Performance”, if such Schedule is attached hereto as Exhibit “ ”. 1.4 Standard of Care. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing the Services. 1.5 Familiarity with Services. By executing this Agreement, Contractor represents that, to the extent required by the standard of practice, Contractor (a) has investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. Contractor represents that Contractor, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of services, Contractor shall immediately inform City of such fact and shall not proceed except at Contractor’s risk until written instructions are received from the City Representative. 2. Term of Agreement. The term of this Agreement shall be year(s) and shall become effective as of the date of the mutual execution by way of both parties signature (the “Effective Date”). No work shall be conducted; service or goods will not be provided until this Agreement has been executed and requirements have been fulfilled. Parties to this Agreement shall have the option to renew in one (1) year increments to a total of years, unless sooner terminated as provided in Section 14 herein. Options to renew are contingent upon the City Manager’s approval, subject to pricing review, and in accordance to all Terms and Conditions stated herein unless otherwise provided in writing by the City. 3. Compensation. 3.1 Compensation. City shall compensate Contractor as set forth in Exhibit A, provided, however, that full, total and complete amount payable to Contractor shall not exceed $ ( ), including all out of pocket expenses, unless additional compensation is approved by the City Manager or City Council. City shall not withhold any federal, state or other taxes, or other deductions. However, City shall withhold not more than ten percent (10%) of any invoice amount pending receipt of any deliverables Page 147 ____________ Vendor Initials PSA without professional liability insurance (contractor) Page 3 Last Revised: 05/22/14 reflected in such invoice. Under no circumstance shall Contractor be entitled to compensation for services not yet satisfactorily performed. The parties further agree that compensation may be adjusted in accordance with Section 1.2 to reflect subsequent changes to the Scope of Services. City shall compensate Contractor for any authorized extra services as set forth in Exhibit A. 4. Method of Payment. 4.1 Invoices. Contractor shall submit to City monthly invoices for the Services performed pursuant to this Agreement. The invoices shall describe in detail the Services rendered during the period and shall separately describe any authorized extra services. Any invoice claiming compensation for extra services shall include appropriate documentation of prior authorization of such services. All invoices shall be remitted to the City of Rancho Cucamonga, California. 4.2 City shall review such invoices and notify Contractor in writing within ten (10) business days of any disputed amounts. 4.3 City shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the not-to-exceed amounts set forth in Section 3. 4.4 All records, invoices, time cards, cost control sheets and other records maintained by Contractor relating to services hereunder shall be available for review and audit by the City. 5. Representatives. 5.1 City Representative. For the purposes of this Agreement, the contract administrator and City representative shall be , or such other person as designated in writing by the City (“City Representative”). It shall be Contractor’s responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and Contractor shall refer any decisions that must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative. 5.2 Contractor Representative. For the purposes of this Agreement, is hereby designated as the principal and representative of Contractor authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith (“Contractor’s Representative”). It is expressly understood that the experience, knowledge, capability and reputation of the Contractor’s Representative were a substantial inducement for City to enter into this Agreement. Therefore, the Contractor’s Representative shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. Contractor may not change the Responsible Principal without the prior written approval of City. Page 148 ____________ Vendor Initials PSA without professional liability insurance (contractor) Page 4 Last Revised: 05/22/14 6. Contractor’s Personnel. 6.1 All Services shall be performed by Contractor or under Contractor’s direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City business license as required by the City’s Municipal Code. 6.2 Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the standard of care set forth in Section 1.4. 6.3 Contractor shall be responsible for payment of all employees’ and subcontractors’ wages and benefits, and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security. By its execution of this Agreement, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 6.4 Contractor shall indemnify, defend and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Contractor’s violations of personnel practices and/or any violation of the California Labor Code. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Ownership of Work Product. 7.1 Ownership. All documents, ideas, concepts, electronic files, drawings, photographs and any and all other writings, including drafts thereof, prepared, created or provided by Contractor in the course of performing the Services, including any and all intellectual and proprietary rights arising from the creation of the same (collectively, “Work Product”), are considered to be “works made for hire” for the benefit of the City. Upon payment being made, and provided Contractor is not in breach of this Agreement, all Work Product shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by Contractor under this Agreement shall, upon request, be made available to City. None of the Work Product shall be the subject of any common law or statutory copyright or copyright application by Contractor. In the event of the return of any of the Work Product to Contractor or its representative, Contractor shall be responsible for its safe return to City. Under no circumstances shall Contractor fail to deliver any draft or final designs, plans, drawings, reports or specifications to City upon written demand by City for their delivery, notwithstanding any disputes between Contractor and City concerning payment, Page 149 ____________ Vendor Initials PSA without professional liability insurance (contractor) Page 5 Last Revised: 05/22/14 performance of the contract, or otherwise. This covenant shall survive the termination of this Agreement. City’s reuse of the Work Product for any purpose other than the Project, shall be at City’s sole risk. 7.2. Assignment of Intellectual Property Interests: Upon execution of this Agreement and to the extent not otherwise conveyed to City by Section 7.1, above, the Contractor shall be deemed to grant and assign to City , and shall require all of its subcontractors to assign to City , all ownership rights, and all common law and statutory copyrights, trademarks, and other intellectual and proprietary property rights relating to the Work Product and the Project itself, and Contractor shall disclaim and retain no rights whatsoever as to any of the Work Product, to the maximum extent permitted by law. City shall be entitled to utilize the Work Product for any and all purposes, including but not limited to constructing, using, maintaining, altering, adding to, restoring, rebuilding and publicizing the Project or any aspect of the Project. 7.3 Title to Intellectual Property. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of the Work Product and/or materials produced under this Agreement, and that City has full legal title to and the right to reproduce any of the Work Product. Contractor shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City’s use is violating federal, state or local laws, or any contractual provisions, relating to trade names, licenses, franchises, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, software, equipment, devices or processes used or incorporated in the Services and materials produced under this Agreement. In the event City’s use of any of the Work Product is held to constitute an infringement and any use thereof is enjoined, Contractor, at its expense, shall: (a) secure for City the right to continue using the Work Product by suspension of any injunction or by procuring a license or licenses for City; or (b) modify the Work Product so that it becomes non- infringing. This covenant shall survive the termination of this Agreement. 8. Status as Independent Contractor. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and to defend, indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Page 150 ____________ Vendor Initials PSA without professional liability insurance (contractor) Page 6 Last Revised: 05/22/14 Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees 9. Confidentiality. Contractor may have access to financial, accounting, statistical, and personnel data of individuals and City employees. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are confidential and shall not be disclosed by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Contractor’s covenant under this Section shall survive the termination of this Agreement. This provision shall not apply to information in whatever form that is in the public domain, nor shall it restrict the Contractor from giving notices required by law or complying with an order to provide information or data when such an order is issued by a court, administrative agency or other legitimate authority, or if disclosure is otherwise permitted by law and reasonably necessary for the Contractor to defend itself from any legal action or claim. 10. Conflict of Interest. 10.1 Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor “financially interested” (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 10.2 Contractor further represents that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Contractor has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 10.3 Contractor has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited “conflict of interest” under applicable laws as described in subsection 10.1. Page 151 ____________ Vendor Initials PSA without professional liability insurance (contractor) Page 7 Last Revised: 05/22/14 11. Indemnification. 11.1 To the maximum extent permitted by law, the Contractor shall defend, indemnify and hold the City, and its elected officials, officers, employees, servants, volunteers, and agents serving as independent contractors in the role of City officials, (collectively, “Indemnitees”),free and harmless with respect to any and all damages, liabilities, losses, reasonable defense costs or expenses (collectively, “Claims”), including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts, omissions, activities or operations of Contractor or any of its officers, employees, subcontractors, Contractors, or agents in the performance of this Agreement. Contractor shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City’s choice, and shall pay all costs and expenses, including actual attorney’s fees and experts’ costs incurred in connection with such defense. The indemnification obligation herein shall not in any way be limited by the insurance obligations contained in this Agreement provided, however, that the Contractor shall have no obligation to indemnify for Claims arising out of the sole negligence or willful misconduct of any of the Indemnitees. 11.2 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 11.3 Waiver of Right of Subrogation. Except as otherwise expressly provided in this Agreement, Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor. 11.4 Survival. The provisions of this Section 11 shall survive the termination of the Agreement and are in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against Contractor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. 12. Insurance. 12.1 Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Contractor, and/or its agents, representatives, employees or subcontractors. 12.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: Page 152 ____________ Vendor Initials PSA without professional liability insurance (contractor) Page 8 Last Revised: 05/22/14 (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker’s Compensation insurance as required by the State of California, and Employer’s Liability Insurance. 12.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage. (3) Employer’s Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers’ Compensation Insurance in the amount required by law. (4) The Insurance obligations under this Agreement shall be the greater of (i) the Insurance coverages and limits carried by the Contractor; or (ii) the minimum Insurance coverages and limits shown in this Agreement. Any insurance proceeds in excess of the specified limits and coverage required which are applicable to a given loss, shall be available to the City. No representation is made that the minimum Insurance requirements of this Agreement are sufficient to cover the obligations of the Contractor under this agreement. 12.4 Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City and shall not reduce the limits of coverage. City reserves the right to obtain a full certified copy of any required insurance policy and endorsements. 12.5 Other Insurance Provisions. (1) The commercial general liability and automobile liability policies are to contain the following provisions on a separate additionally insured endorsement naming the City, its officers, officials, employees, designated volunteers and Page 153 ____________ Vendor Initials PSA without professional liability insurance (contractor) Page 9 Last Revised: 05/22/14 agents serving as independent contractors in the role of City officials, as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; and/or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials which are not also limitations applicable to the named insured. (2) For any claims related to this Agreement, Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials. Any insurance or self-insurance maintained by City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials shall be in excess of Contractor’s insurance and shall not contribute with it. (3) Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. (4) Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Contractor shall forthwith obtain and submit proof of substitute insurance. Should Contractor fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Contractor’s sole cost and expense. (5) Each insurance policy required by this clause shall expressly waive the insurer’s right of subrogation against City, its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials. (6) Each policy shall be issued by an insurance company approved in writing by City, which is admitted and licensed to do business in the State of California and which is rated Page 154 ____________ Vendor Initials PSA without professional liability insurance (contractor) Page 10 Last Revised: 05/22/14 A:VII or better according to the most recent A.M. Best Co. Rating Guide. (7) Each policy shall specify that any failure to comply with reporting or other provisions of the required policy, including breaches of warranty, shall not affect the coverage required to be provided. (8) Each policy shall specify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and attorneys' fees, shall be paid in addition to and shall not deplete any policy limits. (9) Contractor shall provide any and all other insurance, endorsements, or exclusions as required by the City in any request for proposals applicable to this Agreement. 12.6 Evidence of coverage. Prior to commencing performance under this Agreement, the Contractor shall furnish the City with certificates and original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement including (1) Additional Insured Endorsement(s), (2) Worker’s Compensation waiver of subrogation endorsement, and (3) General liability declarations or endorsement page listing all policy endorsements. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and approved by the City before Contractor commences performance. If performance of this Agreement shall extend beyond one year, Contractor shall provide City with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance. 12.7 Contractor agrees to include in all contracts with all subcontractors performing work pursuant to this Agreement, the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of any such subcontractor’s work. Contractor shall require its subcontractors to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City pursuant to this Agreement, and to require each of its subcontractors to include these same provisions in its contract with any sub- subcontractor. 13. Cooperation. In the event any claim or action is brought against City relating to Contractor’s performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation that City might require. City shall compensate Contractor for any litigation support services in an amount to be agreed upon by the parties. 14. Termination. City shall have the right to terminate this Agreement at any time for any or no reason on not less than ten (10) days prior written notice to Contractor. In the event City exercises its right to terminate this Agreement, City shall Page 155 ____________ Vendor Initials PSA without professional liability insurance (contractor) Page 11 Last Revised: 05/22/14 pay Contractor for any services satisfactorily rendered prior to the effective date of the termination, provided Contractor is not then in breach of this Agreement. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation. City may terminate for cause following a default remaining uncured more than five (5) business days after service of a notice to cure on the breaching party. Contractor may terminate this Agreement for cause upon giving the City D ten (10) business days prior written notice for any of the following: (1) uncured breach by the City of any material term of this Agreement, including but not limited to Payment Terms; (2) material changes in the conditions under which this Agreement was entered into, coupled with the failure of the parties to reach accord on the fees and charges for any Additional Services required because of such changes. 15. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor’s and City’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses set forth in this Section, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: If to Contractor: , 16. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Contractor shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Contractor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. 17. Assignment and Subcontracting. Contractor shall not assign or transfer any interest in this Agreement or subcontract the performance of any of Contractor’s Page 156 ____________ Vendor Initials PSA without professional liability insurance (contractor) Page 12 Last Revised: 05/22/14 obligations hereunder without City’s prior written consent. Except as provided herein, any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 18. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and compliance with other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The applicable prevailing wage rate determinations can be found at http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services, available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 19. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney’s Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney’s fees and costs of experts. 21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. 22. Applicable Law and Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. Venue for any action relating to this Agreement shall be in the San Bernardino County Superior Court. Page 157 ____________ Vendor Initials PSA without professional liability insurance (contractor) Page 13 Last Revised: 05/22/14 23. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 24. Entire Agreement. This Agreement consists of this document, and any other documents, attachments and/or exhibits referenced herein and attached hereto, each of which is incorporated herein by such reference, and the same represents the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. Contractor Name: By: ______________________________ Name Date ______________________________ Title City of Rancho Cucamonga By:________________________________ Name Date _________________________________ Title By: ______________________________ Name Date ______________________________ Title (two signatures required if corporation) Page 158 ____________ Vendor Initials PSA without professional liability insurance (contractor) Page 14 Last Revised: 05/22/14 EXHIBIT A SCOPE OF SERVICES Page 159 ____________ Vendor Initials PSA without professional liability insurance (contractor) Page 15 Last Revised: 05/22/14 EXHIBIT B SCHEDULE FOR PERFORMANCE Page 160 ____________ Vendor Initials PSA without professional liability insurance (contractor) Page 16 Last Revised: 05/22/14 Attachment A – Sample Waiver of Subrogation (Sample Only – Not all forms will look identical to this Sample) The City of Rancho Cucamonga, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City or officials. Page 161 ____________ Vendor Initials PSA without professional liability insurance (contractor) Page 17 Last Revised: 05/22/14 Attachment B – Sample Additional Insured for On-going Projects The City of Rancho Cucamonga, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City or officials. Page 162 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 15 EXHIBIT B CONTRACTOR’S PROPOSAL Page 163 CITY OF RANCHO CUCAMONGA RFP #18/19-007 CITYWIDE TREE MAINTENANCE SERVICES WCAINC.COM · 800.521.3714 · LIC #366764 · DIR #1000000956 fxàà|Çz à{x zÉÄw áàtÇwtÜwA Tree Pruning Tree Removal Tree Planting GPS Tree Inventory Emergency Response ISA Certified Plant Health Care Page 164 CITY OF RANCHO CUCAMONGA RFP #18/19-007 CITYWIDE TREE MAINTENANCE SERVICES 3.1 COVER LETTER/ INTRODUCTION Page 165 Page 166 CITY OF RANCHO CUCAMONGA RFP #18/19-007 CITYWIDE TREE MAINTENANCE SERVICES 3.2 TABLE OF CONTENTS Page 167 ii 3.1 COVER LETTER……………………………………………………………………………………………………………………………………………. i 3.2 TABLE OF CONTENTS………………………………………………………………………………………………………………………………… ii 3.3 EXECUTIVE SUMMARY……………………………………………………………………………………………………………………………….. 1 3.4 EXPERIENCE………………………………………………………………………………………………………………………………………………. 2 3.5 THIRD PARTY/SUBCONTRACTORS………………………………………………………………………………………………………… N/A 3.6 STAFF BIOGRAPHIES………………………………………………………………………………………………………………………………....4-7 3.7 PROPOSAL RESPONSE…………………………………………………………………………………………………………………………..…8-18 3.7.A Services Approach……………………………………………………………………………………………………………………... 8 3.7.B Services Approach…………………………………………………………………………………………………………………….... 11 3.7.C Services Approach………………………………………………………………………………………………………………………. 16 3.7.1 Services Approach………………………………………………………………………………………………………………………. 18 3.8 NON-DISCLOSURE CONFLICT OF INTEREST……………………………………………………………………………………………….. 19 3.9 COMPANY REFERENCES…………………………………………………………………………………..… See Separate Attachment 3.10 PROFESSIONAL SERVICES AGREEMENT…………………………………………………………………………………………….. FORM 3.11 INSURANCE…………………………………………………………………………………………………………………………………………. FORM 3.12 ADDENDUM ACKNLOWLEDGEMENT…………………………………………………………………………………………..………… FORM 3.13 VENDOR CERTIFICATION……………………………………………………………………………………………………………………. FORM 3.14 SIGNATURE OF AUTHORITY………………….……………………………………………………………………………………………. FORM 3.15 LINE ITEM PRICING……………………………...………………………………………………………………………………………… ONLINE 3.16 PARTICIPATION CLAUSE……………………..……………………………………………………………………………………………. FORM TABLE OF 3.2 CONTENTS Page 168 CITY OF RANCHO CUCAMONGA RFP #18/19-007 CITYWIDE TREE MAINTENANCE SERVICES 3.3 EXECUTIVE SUMMARY Page 169 Understanding the City’s commitment to the residents, we are hopeful to continue our partnership with the City in providing quality tree maintenance & management services. West Coast Arborists, Inc. (WCA) has a 44-year track record of working for more than 250 California municipalities and various public agencies. Our tree maintenance program includes a well-defined Quality Control Plan, which incorporates certified personnel, safety, pruning specifications, equipment, hours of operation, public relations, traffic control, scheduling of work, computerized billing, and public convenience. Our company has been in business since 1972 and is licensed by the California State Contractors License Board under license #366764 with a local office and yard in the Cities of Anaheim and Grand Terrace. We have held this license in good standing since 1978. The license specializes in Class C61 (Tree Service) as well as Class C27 (Landscaping). Also, we have an A+ rating from the bonding board. We are a California Corporation with Federal Tax ID Number #95-3250682. We currently employ over 80 ISA Certified Arborists and over 140 Certified Treeworkers, as recognized by the Western Chapter of the International Society of Arboriculture. In addition to the references listed in our Proposal, we are currently under contract with the Cities of Upland, Fontana, San Dimas, and Claremont, providing various tree maintenance services. We would encourage your agency to contact these Cities or any of the listed references. WCA has reviewed and agrees to the City’s specifications for tree care and has no exceptions. The specifications are incorporated in its entirety as part of our proposal and become the Scope of Work for tree care services. As a result of the recent budget issues, municipalities are being stretched to their financial limits. City and City administrators are faced with budget reductions leading to staff cut backs, decreased levels of service, and antiquated equipment. The resulting trend of lower service levels needs to be turned around. We believe in an Interactive Partnership with the community, where municipalities can confidently rely on WCA to assist them with any of their tree care needs. Our goals in urban tree care are to extend the life of all trees, safeguard public safety, and produce a reliable source of shade, beauty and the other non-commercial benefits that result from healthy trees in parks and Agency right-of-ways. Obviously, this cannot be accomplished without the City’s valued input or without community involvement. Community: The community consists of everyone that cares about trees. They include residents, business owners, community groups, consumers, schools, and citizen arborists. We believe the community is the actual customer. We strive to provide the highest level of service in the safest manner possible in an effort to create a beautiful environment. In addition, as a valuable resource within the community we are able to offer extraordinary services to the public including, but not limited to, arboricultural education, participation in Arbor Day and other City events, and special community projects. City Administration: City staff has the very important task of managing trees as an ecosystem, taking into consideration specific biological, social and economic conditions. They must ensure that the best methods of tree care are practiced in the community, that the lives of the trees are extended beyond average, and that the taxpayers receive the most from their investment in trees. West Coast Arborists, Inc. (WCA): We have the challenge of meeting the community’s needs, not only in tree care, but also in other aspects. However, unlike most firms, we believe to be a valuable resource in that we have the qualifications and corporate capabilities to meet the community’s needs and beyond. Our Certified personnel ensure the community that the work performed will be in accordance with today’s standards. The collection of equipment allows us to dedicate specific pieces to the City. Our support staff aids the field team with information management, which provides communities with a complete, comprehensive urban tree care program. EXECUTIVE 3.3 SUMMARY Page 170 CITY OF RANCHO CUCAMONGA RFP #18/19-007 CITYWIDE TREE MAINTENANCE SERVICES 3.4 EXPERIENCE Page 171 EXPERIENCE 3.4 WEST COAST ARBORISTS, INC. (WCA) is a family-owned and operated union company employing over 891 full-time employees providing tree maintenance and management services. We are proudly serving over 275 municipalities and public agencies. We provide superior and safe tree care operations seven days a week, 24 hours a day throughout California and Arizona, OUR VISION As a corporate citizen, WCA’s responsibility and accountability are to the communities where we do business. We hold ourselves to the highest standards of ethical conduct and environmental responsibility, communicating openly with our customers and the communities in which we work. It is our goal and vision to lead the industry in state-of-the-art urban tree care and management services. 100% CUSTOMER SATISFACTION Customer satisfaction is our top priority. We guarantee your complete satisfaction with every facet of our services. Our dedication to customer service has earned WCA a reputation unrivaled in the industry for dependability, integrity, quality and courtesy. We authorize our employees to do whatever is necessary to achieve the highest quality results. We know that high quality work saves our customer’s valuable time and is far more cost effective if we do our work properly the first time. We are committed to courteous and prompt customer service to fully resolve any issue. communities who care about trees. Tree care professionals serving 80+ ISA Certified Arborists 40+ Years Experience (Similar Size & Scope) 890+ Qualified Employees Less than 2% turnover ratio for service staff Local Office & Nursery (Grand Terrace & Ontario) 1500+ Pieces of Equipment (Owned) COMPANY INFORMATION President: Patrick Mahoney Organization Type: Corporation Established: 1972 Federal Tax ID: 95-3250682 DIR Registration: 1000000956 Members of Laborers’ Union: LiUNA! CORPORATE OFFICE 2200 E. Via Burton St. Anaheim, CA 92806 REGIONAL OFFICES Fresno, CA Phoenix, AZ Riverside, CA Sacramento, CA San Diego, CA San Jose, CA San Francisco, CA Stockton, CA Ventura, CA CONTRACT ADMINISTRATION Victor Gonzalez, Vice President Corporate Office Phone (714) 991-1900 Fax (714) 956-3745 Email: vgonzalez@wcainc.com FIELD MANAGEMENT Nick Alago, Area Manager 21718 Walnut Avenue Grand Terrace, CA 92313 Phone (714) 920-0558 Fax (714) 936-0377 Email: nalago@wcainc.com EMERGENCY RESPONSE 24/7 866-LIMB-DOWN LITIGATION STATEMENT: WCA, Inc. is not involved in any pending litigation. Page 172 3 CORPORATE CAPABILITIES West Coast Arborists, Inc., is committed to successfully completing each project in accordance with the specifications, budget, schedule and with the highest quality of service. Our customers’ satisfaction is a direct result of our means to carry out each project. Listed below are some of our corporate capabilities, which not only provide a sense of comfort and confidence to our customers, but also assure them of our continuous ability to carry out the duties of managing their urban forest. • In business continuously and actively since 1972 • Contractor’s License C61/D49 & C27 • Over $8,500,000 line of credit available • Bonded by CBIC, an A+ rated company • Over 890 employees • Over 275 contracts with public agencies • 81 Certified Arborists • 142 Certified Treeworkers • Drug-free workplace • 14,000 sq. ft. company-owned Headquarters (Anaheim) • Department of Agriculture Nursery license • Avg. 500,000 trees pruned annually over past 3 years • Avg. 18,000 trees removed annually over past 3 years • Avg. 14,000 trees planted annually over past 3 years • Avg. 250,000 trees inventoried annually over past 3 years • Fully insured with insurance up to $10 million • Federal Tax ID #95-3250682, current on all taxes and fillings with state and federal government • Sales volume over $100 million annually • Fleet of approximately 1,500+ pieces of equipment Active Memberships: Tree Care Industry Association (TCIA) International Society of Arboriculture (ISA) League of California Cities (LCC) California Parks & Recreation Society (CPRS) Association of California Cities- Orange County (ACCOC) Maintenance Superintendents Association (MSA) California Landscape Contractors Association (CLCA) Street Tree Seminar (STS) California Urban Forest Council (CaUFC) American Public Works Association (APWA) Page 173 CITY OF RANCHO CUCAMONGA RFP #18/19-007 CITYWIDE TREE MAINTENANCE SERVICES 3.5 THIRD –PARTY/ SUBCONTRACTORS STATEMENT: WCA, Inc. will not be subcontracting any work to other contractors, partners, or third -party vendors. Page 174 CITY OF RANCHO CUCAMONGA RFP #18/19-007 CITYWIDE TREE MAINTENANCE SERVICES 3.6 STAFF BIOGRAPHIES Page 175 4 STAFF 3.6 BIOGRAPHIES INTRODUCTION West Coast Arborist’s (WCA) is a company comprised of a management team and a safety committee. Staff members have diverse educational backgrounds including accounting, business administration, engineering and forestry. WORK FORCE WCA actively maintains ongoing processes to assure that only qualified and competent staff provides safe and quality tree maintenance services. These skilled employees can only be achieved through both training and work experience. We believe that essential experience should always be obtained through qualified supervision; this includes both basic and extended skills. WCA makes every attempt to ensure that this is undertaken before performing work, leading a crew, or career advancement. The work performed on this contract is routine, recurring and usual. The work includes watering, trimming, pruning, planting, removal and replacement of trees and plants, and servicing of irrigation. The rates included in the Cost Proposal are based on the current prevailing wage determination for “Tree Maintenance (Laborer).” CERTIFICATION WCA encourages its employees to get certified through the International Society of Arboriculture, in an effort to raise the standard of professional tree care companies. This standard exemplifies our company’s commitment to providing customers with competent, knowledgeable certified workers. WCA employs a large number of ISA Certified Arborists and ISA Certified Tree Workers. CREW EVALUATION WCA employees are evaluated through an internal mechanism supervised by our Management Team. Each employee performs their duties according to a criteria-based job description that reflects safety, quality workmanship, productivity, appropriateness of care, problem solving and customer service. A performance appraisal is conducted for each employee upon completion of the probationary period and at least annually thereafter. Each worker is also required to complete a competency assessment and orientation upon hire and annually thereafter in selected areas to assure that ongoing requirements are met and opportunities for improvement are identified. Staff members have diverse educational backgrounds including accounting, business administration, engineering, and forestry. Page 176 NICK ALAGO, PROJECT MANAGER ISA Certified Arborist #WE 4396 AU · TCIA Certified Arborist #250 · TLC Wildlife Aware · NCCCO Certified Crane Operator Mr. Alago has been with WCA since 1999. He has nearly 35 years experience in the arboriculture field. He is responsible for estimating, scheduling, contract administration, personnel and daily operation. He is responsible for field operations, customers service, and management of crews throughout the Inland Empire. Through his employment he has gained valuable experience in computer estimating, tree inventory systems, and costing programs which are essential in the efficient operation of tree crews. Nick was recently recognized as WCA, Inc. Area Manager of the Year for FY 17-18. ALONSO GARCIA, SUPERVISOR ISA Certified Arborist #8499A · TCIA Safety Professional #301 As Site Supervisor, Alonso is a full-time employee who has worked for WCA, Inc. since 1997. He is responsible for reviewing the day’s activities, assisting the Area Manager in scheduling, and ensuring proper safety procedures are being followed. As the Supervisor, he speaks fluent English and will communicate with City officials and other interested parties on a daily basis. Reports and resolves malfunctions, damage, or industrial injury. He also assists in employee training programs, maintains records, and files daily reports and receipts. VALERIE RODRIGUEZ, CUSTOMER SERVICE REPRESENTATIVE (CSR) Valerie has been with WCA, Inc. since 2002, as the CSR (Customer Service Representative) she is responsible for providing support to the Area Manager, Site Supervisors and crew. She is to act as a liaison between the company and it’s clients as well as the general public. Valerie is responsible for responding to customer service inquires and facilitating contracting functions, such as: mapping, underground service alert, data entry, field book preparation, list preparation, etc. ERNESTO MACIAS, SAFETY MANAGER ISA Certified Arborist #WE 7120AUM · TICA Safety Professional #1115 Ernesto has been with WCA, Inc. since 2011, his primary responsibility is to ensure safety company-wide which includes the development, implementation and review of the company’s in-house training programs, crew safety audits, and the company’s Injury & Illness Prevention Program. TIM CROTHERS, PLANT HEALTH CARE MANAGER ISA Board Certified Master Arborist WE 7655 BUM · DPR Qualified Pest Control Applicator #145321 QAL Category B & D Tim as been with WCA since 2012. Our PHC program is managed in-house; there is no subcontracting. Staff is licensed by the CA Dept. of Pesticide Regulation. Our program goes beyond standard chemical applications as we expanded our services to include an Integrated Pest Management program. Inspection, diagnosis and treatments are available as needed. Ernesto Macias, Safety Mgr. Tim Crothers, PHC Mgr. From marketing, contract administration, field and fleet management, to information technology, our Upper Management Team is involved in the day-to-day operations supporting each Project Team and Customer to ensure the highest quality of tree care is being achieved in the industry. PROJECT TEAM UPPER MANAGEMENT TEAM 3.6 STAFF BIOGRAPHIES Jason Pinegar, Regional Manager Alonso Garcia, Supv. Nick Alago, Project Mgr. Valerie Rodriguez, CSR Page 177 6 ISA Certified 81 5 142 Arborists Board Certified Master Arborists Tree Workers ATSSA WCA staff is trained to design and implement Traffic Control Plans. 74 1 18 25 8 1 6 75 16 Certified Urban Forester WCA Certified Utility Line Clearance Workers ISA Certified Utility Specialists TCIA Certified Tree Care Safety Professionals ISA Municipal Specialist Nursery in Placentia & Dedicated Manager Information Technology Specialists Fleet Mechanics NCCCO Certified Crane Operators Unique Capabilities PHC WILDLIFE PROTECTION 2 10 70 WCA has developed an exemplary Plant Health Care Program that goes beyond standard chemical applications. CALIFORNIA DEPARTMENT OF PESTICIDE REGULATION Advisors Applicators WCA has 70 staff members certified through the Wildlife Aware and Wildlife Training Institute. WCA’s VP of Field Operations is a key contributor in identifying and developing the first ever Best Management Practices guidelines for Tree Care for Birds and Other Wildlife. Board Certified Master Arborists Michael Palat WE 6541 BUM Kelley Gilleran WE 7061 B Tim Crothers WE 7655 BUM Cris Falco WE 7490 B Glenn Reeve WE 10177 B ASCA Consulting Arborist Michael Mahoney, ASCA Consulting Academy #0022/ Registered Member #353 · WC 0216 A · BA CSUF Mr. Mahoney has over thirty-six years in practical and management experience in arboriculture and urban forestry; 20 years full-time as an arboriculture practitioner; 5 years full-time as manager of large arboricultural contracting firm; 5 years full-time as CEO of arboricultural and urban forestry consulting firm; 6 years full-time as an independent arboricultural and urban forestry consultant. Approximately 45 hours credit, annually, arboricultural continuing education. 3.6 STAFF BIOGRAPHIES In partnership with the Laborer’s International Union of North America Higher Standards + Exemplary Training = Superior Employees 566 Field Employees Page 178 7 WCA’s ISA Certified Arborists Employee Name Cert # ADAN BALTAZAR REYNAGA WE-7786AT AL EPPERSON WE-0719A ANDREW R. TROTTER WE-0642A ARLENE BISCAN WE-9806A BENJAMIN EUGENE BORDSON WE-10777A BRIAN C. KIRKEGAARD WE-10476A BRIAN M. KOCH WE-0341A CALVIN F. HAUPT WE-7634A CARLOS BRACAMONTES WE-8557A CHARLES PATRICK MADSEN WE-0462A CORINNE GRUNDER BASSETT WE-11625A CRISTAN ANGELO FALCO WE-7490A CURTIS PATRICK WORTH WE-10972A DANIEL CHAVARRIA WE-10292A DANIEL MAHONEY WE-10434A DAVID COOPER WE-0497A DEBORAH DEPASQUALE WE-3812A EDUARDO VARGAS WE-11058AT ELOY MARQUEZ WE-11566AT ERICK SERRANO WE-6750A ERNESTO J. F. MACIAS WE-7120A EUGENE BARRIENTOS WE-8701A FELIX HERNANDEZ WE-2037A GERARDO PEREZ WE-9131AT GERARDO MARTINEZ GARCIA WE-11358A GLENN O. WHITLOCK REEVE WE-10177A GONZALO REGALADO WE-9952A HECTOR MONTES WE-8079A HERMINIO PADILLA WE-7552A HUGO ANGEL RINCON WE-8710A IGNACIO LOPEZ WE-7329A ISIDRO ESTRADA BARBOZA WE-11685A J. ALONSO GARCIA-LOPEZ WE-8499A JAIME ROGELIO HERNANDEZ WE-5297A JAMES CHARLES WORKING WE-1592A JAMES PAUL SPECK II WE-10858AT JARED LEE MAYSEY WE-11510A JASON PINEGAR WE-2039AU JASON ROSS DAVLIN WE-7628A JEFFERY B. WILLIAMS WE-1100A JOSE M. CORTEZ TORRES WE-8539A JOSE M. CHAVARRIA MANZO WE-11210AT JOSE MANUEL PEREZ WE-0818A JOSEPH BARTOLO WE-2034AU JOSEPH NICK ALAGO WE-4396A JUAN ORTIZ WE-8514A JUAN C. IXTA WE-10144A JUSTIN LEE MENZEL WE-11756A KELLEY LEWIS GILLERAN WE-7061A KRIS BURBIDGE WE-9566A LEONEL CORTEZ WE-8625A LORENZO PEREZ WE-7443A MANUEL BRIANO WE-8791A MARCO A. PADILLA JIMENEZ WE-8621A MARIA MUNOZ-CAMPOS WE-8267A MATEO ARVIZU WE-10151A MICHAEL W. PALAT WE-6541A NESTOR VALENCIA WE-11359A PATRICK O. MAHONEY WE-1172A RANDY J. THOMPSON WE-1043A REBECCA A. MEJIA WE-2355A RENE ROSALES WE-7941AT RICHARD R. MAHONEY WE-1171A ROBERT D. THOMPSON WE-0915AU RODNEY LYNN MORGAN WE-9546A ROSE M. EPPERSON WE-1045A SEAN PATRICK SULLIVAN WE-10050A SHAWN A. GUZIK WE-3182A STEFAN B. KALLENBERG WE-10730A STEPHEN GLENN DAVIS JR WE-10894A STEVE B. HUNT WE-1044A TIMOTHY CROTHERS WE-7655A VICTOR M. GONZALEZ WE-7175A WALLACE BURCH WE-0713A WILLIAM STEVE PONCE WE-6461A JESUS RAYA WE-3449A JOEL LOPEZ WE-10871A JOHN LEE PINEDA WE-10367A JORGE MAGANA WE-3460A JOSE A. GONZALEZ MENDEZ WE-6475A WCA’s ISA Certified Tree Workers Employee Name Cert # ADAM RODRIGUEZ WE-11281T ADAN BALTAZAR REYNAGA WE-7786AT AGUSTIN LOZANO WE-11306T ALEJANDRO VALENZUELA WE-11674T ALFREDO ANGEL LOPEZ WE-11334T ANDRES ROMAN WE-11285T ANTONIO CASTELLANOS WE-11203T ANTONIO GRADILLA WE-11185T ANTONIO GARCIA CONTRERAS WE-11173T ARIEL ALONSO WE-10906T ARMANDO SOTO WE-11131T ARMANDO O. LOPEZ WE-10953T AUDOMARO CORRAL WE-11220T AURELIO COVARRUBIAS WE-11629T AURELIO PAZ-GUZMAN WE-11084T BRIAN C. KIRKEGAARD WE-10476AT CARLOS IXTA WE-11106T CARLOS RAMOS WE-11263T CELEDONIO R. MANZANO OLEA WE-10984T CELESTINO PEREZ WE-11243T CESAR WENCESLAO WE-10968T CESAR G. VALENZUELA REYES WE-11076T CHARLES F.M. INSCO WE-11368T CURTIS PATRICK WORTH WE-10972AT DANIEL CHAVARRIA WE-10292AT DANIEL RIVAS WE-10850T DANIEL GEORGE POTTS WE-11534T DANIEL J. KNUTSEN JR WE-11715T DANNY AVITIA WE-11638T DELFINO AGUILAR-MORALES WE-10900T DEMETRIO LIRA WE-11323T DEMETRIO OSEGUERA WE-11043T EDIBERTO SERNA SALAZAR WE-11051T EDUARDO AVILA WE-10812T EDUARDO MARTINEZ BECERRA WE-10991T EDUARDO VARGAS WE-11058T ELIGIO IBARRA CARDOSO WE-11197T FELIX HERNANDEZ WE-2037AT FRANCISCO LOPEZ WE-10952T FRANCISCO RAMIREZ WE-11259T FRANCISCO VILLANUEVA WE-10965T FRANCISCO URENA JIMENEZ WE-11075T GABRIEL GAMINO WE-11167T GABRIEL MERCADO RUIZ WE-11568T GERARDO PEREZ WE-9131AT GERARDO A. ORDUNO WE-11036T GERARDO MARTINEZ GARCIA WE-10997T GLENN O. WHITLOCK REEVE WE-10177ATM GONZALO REGALADO WE-9952AT HECTOR MONTES WE-8079AUT HERIBERTO CORONEL WENCESLAO WE-11218T HUGO ANGEL RINCON WE-8710AT HUMBERTO CHAVARRIA WE-11207T ISAIAS MACIAS WE-10979T ISRAEL A. RAMIREZ WE-11567T J. REFUGIO ESCAMILLA WE-11153T J. SOCORRO GARCIA WE-11172T JAIME ROGELIO HERNANDEZ WE-5297AT JAMES CHARLES WORKING WE-1592AT JEFFERY B. WILLIAMS WE-1100AT JESUS RAYA WE-3449AT JESUS A. MONTES WE-11014T JESUS M. SARABIA PENA WE-11450T JOEL LOPEZ WE-10871AT JOEL MARTINEZ WE-10992T JOEL ORTIZ WE-11039T JOEL M. RIVERA WE-11273T JOHN LEE PINEDA WE-10367AT JORGE ARREOLA-HERNANDEZ WE-11321T ELOY MARQUEZ WE-11566T ENRIQUE SANDOVAL WE-11302T ERNESTO GONSALEZ WE-11461T JORGE DUENAS WE-11144T JORGE JIMENEZ WE-11110T JOSAFAT MONTOYA WE-11015T JOSE AGUAYO WE-10899T JOSE JIMENEZ WE-11108T JOSE JIMENEZ HERNANDEZ WE-11113T EUGENE BARRIENTOS WE-8701AUT FAUSTO GUZMAN WE-11083T FELIX GARCIA WE-11170T JOSE VEGA WE-11062T JOSE A. ALVAREZ WE-10908T JOSE A. GONZALEZ MENDEZ WE-6475AT JOSE ABEL CANCINO WE-11192T JOSE AGUSTIN CARRILLO WE-11200T JOSE F. ORELLANA WE-11483T JOSE INEZ MANCILLA WE-10983T JOSE JUAN PEREZ WE-11246T JOSE LUIS DELREAL WE-11231T JOSE M. CORTEZ TORRES WE-8539AUT JOSE M. MUNIZ GARCIA WE-11686T JOSE M. CHAVARRIA MANZO WE-11210T JOSE MANUEL PEREZ WE-0818AT JOSE R. GRANADOS WE-11186T JOSEPH ANTHONY NUNN WE-11034T JUAN BECERRA WE-10932T JUAN MARQUEZ WE-10987T JUAN ORTIZ WE-8514AT JUAN TELLEZ TAPIA WE-11137T JUAN AMADOR ARCE WE-11480T JUAN C. PENA-ARIAS WE-11327T JUAN CARLOS MORA WE-11019T JULIO C. GARCIA VAZQUEZ WE-11175T KYLE JAMES VIGNEAU WE-10962T LEONARDO RAMOS WE-11264T LEONEL CORTEZ WE-8625AT LETUSA MUAAU JR WE-11021T LORENZO PEREZ WE-7443AT LUIS A. MUNOZ RAMIREZ WE-11023T LUIS P. PEREZ WE-11245T MANUEL BARRAGAN WE-10925T MANUEL BRIANO WE-8791AT MARCO A. PADILLA JIMENEZ WE-8621AT MARCO ANTONIO VERGARA WE-11065T MARCOS RICHARD-MARTINEZ WE-10989T MARCOS GAMINO WE-11482T MARTIN BARRERA WE-10928T MATEO ARVIZU WE-10918T MELCHOR LEMUS WE-11237T MICHAEL LOUIS YOUNG WE-11687T MIGUEL AYALA WE-10924T MIGUEL MACIAS WE-10978T NELSON R. AGUIRRE WE-10901T OSCAR IGNACIO RIVERA WE-11424T PEDRO CUEVAS WE-11765T PEDRO GARCIA WE-11168T PEDRO SANDOVAL WE-11301T PEDRO ALTAMIRANO WE-11095T RAMON ZUNIGA GOMEZ WE-10977T RANULFO PERALTA CASTANEDA WE-11202T RAUL MANZO HERNANDEZ WE-10985T RAUL TELLEZ TAPIA WE-11138T RAYMUNDO GUTIERREZ WE-11080T RENE ROSALES WE-7941AT ROBERT JAY ADDISON JR WE-10898T RODNEY LYNN MORGAN WE-9546AUT ROMUALDO GAETA LUNA WE-11165T SALOMON SILVA WE-11053T SALUSTIO SANCHEZ WE-11462T SAMUEL JIMENEZ WE-11109T SANTOS MACIAS LEMUS WE-10980T SERGIO LOPEZ-RIVERA WE-10957T STEFAN B. KALLENBERG WE-10730AT STEPHEN GLENN DAVIS WE-10894AT STEVE B. HUNT WE-1044A VENTURA GOMEZ WE-11180T WALLACE BURCH WE-0713AT 3.6 STAFF BIOGRAPHIES Page 179 CITY OF RANCHO CUCAMONGA RFP #18/19-007 CITYWIDE TREE MAINTENANCE SERVICES 3.7 PROPOSAL RESPONSE Page 180 8 Palm Trunk Skinning Palm tree skinning consists of the removal of dead frond bases (only), at the point they make contact with the trunk without damage to the live trunk tissue. Root Pruning We strongly recommend against any root pruning, however, should the Agency elect to proceed, we recommend that it be done no closer than 3 times the diameter of the trunk. Roots will be pruned to a depth of approximately 12 inches by cleanly slicing through the roots, so as not to tear or vibrate the root causing damage to the tree. The excavated area will be backfilled with native soil and debris will be hauled away. Tree Removal Operations With a minimum of 48 hours advanced notice, WCA will inform Underground Service Alert (USA) of the location of work for the purpose of identifying any and all utility lines. The removal process consists of lowering limbs delicately onto the ground to prevent any hardscape damage. Immediately following the removal, the stump will be ground down, if ordered to do so and with proper USA notification. Tree Planting We can replace trees that have been removed and plant new trees in accordance with specifications. We are prepared financially and logistically to acquire and purchase selected tree species for tree planting. At a minimum of 48 hours in advance we will inform Underground Service Alert (USA) of the location of work for the purpose of identifying any and all utility lines. A well-trained planting team will perform the soil preparation and installation of the tree. Tree Watering Tree watering will be performed by a full-time, WCA team member on various routes, when requested by the Agency. This team will also be responsible for reporting special care needs to the small tree care team. This could include reporting weeds, soil that has settled, and/or staking and tying needs. PRUNE CLASSIFICATIONS Grid Prune- Grid tree pruning is based on pruning in pre-designed districts, or grids on a set cycle and includes all trees (small, medium and large-sized.) Pruning will include structural pruning, crown raising, and crown cleaning in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and shall have no more than 25% of the live foliage removed at a given time. Full Prune/Crown Reduction– Crown reduction is performed when conditions within the crown of a hardwood tree are such that the entire tree needs to be reduced. A full prune is recommended when the primary objective is to maintain or improve tree health and structure, and includes pruning to reduce overall canopy mass and excessive wood weight. Trees that are identified for a full prune shall have more than 25% of the live foliage removed at a given time. Service Requests A Service Request Prune includes tree maintenance services on designated tree(s) as ordered by the Agency Arborist or designee. Pruning may include structural pruning, crown raising, crown cleaning or pruning to reduce/restore the crown. Whichever work type is ordered by the Agency, pruning will be performed in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards and the Best Management Practice, Tree Pruning Guidelines. Work assignments from the Agency may require mobilization from one tree site to another within the Agency. Line Clearance Trees that interfere or have the possibility of interfering with utility lines will be trimmed in a manner to achieve the required clearances as specified and in accordance with the California Public Utilities Commission. It is our goal to protect the current health and condition of the tree and to maintain its symmetry and direct growth away from the utility lines. Small Tree Care Proper pruning and care during the early stages of the tree’s life will save money in the future, and create a safer, more beautiful, healthy, easy-to-maintain tree. We believe that tree care that is performed early will affect its shape, strength and life span. Our specialized small tree care team consists of certified personnel trained to perform the following: • Selective structural pruning • Removal of dead, interfering, split and/or broken limbs • Pre-conditioning the water retention basin built around the tree • Staking or re-staking • Adjusting tree ties • Adjusting trunk protectors • Weed abatement SERVICES 3.7.A APPROACH Page 181 9 Emergency Response We are prepared for emergency calls 24 hours a day, 7 days a week, including holidays. The toll free number is 866-LIMB-DOWN (866- 546-2369). This number will be provided to the Agency, Police Department and/or Fire Department. Our emergency response team will do what is necessary to render the hazardous tree or tree- related condition safe until the following workday. Crew Rental Due to our vast amount of resources, including our specialty equipment and qualified personnel we are able to extend our commitment to our customers by providing various miscellaneous services outside of the most common tree maintenance services: • Flag hanging • Holiday light installation • Changing ball park lights • Misc. use of aerial towers and cranes (including equipment rental) • Crown reduction • Crown restoration Arborist Reports We have full-time Certified Arborists on staff that can prepare detailed arborist reports, tree evaluations and site inspections based on your specific needs. Reporting can be generated for one tree or an entire selection and is handled on a case-by-case basis. Plant Health Care Tim Crothers, Plant Health Care Manager • ISA Board Certified Master Arborist WE-7655 BUM • DPR Qualified Pest Control Applicator #145321 • QAL Category B & D Our PHC program managed by Tim Crothers goes beyond standard chemical applications. We have developed an efficient Integrated Pest Management Program (IPM) that requires diagnosis before treatment. WCA is staffed with licensed applicators and advisors that are environmentally conscious as well as compliant with the California Department of Pesticide Regulation. This service allows us to provide you with: • Proper diagnosis based on on-site inspection with laboratory testing when necessary • Proactive and preventative recommendations that reduce the amount of potential pest and disease issues • Follow-up evaluations to ensure that the recommended treatments result in a healthy and balanced urban forest Shot Hole Borer They Polyphagous Shot Hole Borer (PSHB) is a new pest in Southern California. This boring beetle drills into trees and brings with it a pathogenic fungus (Fusarium euwallacea), as well as other fungal species. When heavily infested, the resulting Fusarium causes the decline and death of trees. Over 120 different tree species are affected in Southern California and over 30 reproductive hosts are of high concern. As tree care professionals, we have a responsibility to understand and report when we see a tree we are working on infested with PSHB. ABILITY TO ACQUIRE, PURCHASE & STAGE TREES Cities expect the highest quality of new trees, proven varieties and an organization with the knowledge and skills to provide them with the latest and most reliable information available related to tree planting. By meeting these expectations, we’re able to contribute to the success of reforestation projects within communities. In order to complete successful tree planting programs, cities can rely on us to locate, acquire and purchase different tree species. As part of our Corporate Capability, we are financially able to purchase large quantities of trees for planting projects. Being familiar with over 50 nurseries in California, allows us to obtain the best tree available from a broad and plentiful stock. The process by which we obtain trees is quite simple: First, we utilize our database of nurseries, and contact several of them requesting specific trees with their prices. Upon locating the availability of trees, we then perform a tree pre-inspection at the nursery. When time is of the essence, nurseries will provide us with photos either by mail or by e-mail for our review. Once the trees are purchased, and depending on the size of the project, we have them delivered to our facility in Placentia, Brea, or if possible, at a staging area within the Agency. It is through this process that we have planted an average of 14,000 trees for all of our customers each year during the past three years. A SERVICES APPROACH Page 182 10 COMPOST is made from fine ground branches, leaves or other organic material. When mixed with oxygen and water, the organic material will decay or “compost.” A finished compost is excellent for turning into the top layer of soil and will add nitrogen and increase the water holding capacity of soil. You can make compost at home in a pile in your yard or in a bin that you make or purchase. Large scale composting is done at regional recycling facilities. FIREWOOD is traditionally the most common use of large branches and logs. Firewood is used to heat homes during winter months. WCA takes logs to a yard in Irvine where a firewood retailer splits and resells the firewood to local residents. LOGS TO LUMBER is an old idea with a new approach by converting Agency trees into usable lumber. WCA worked on a twelve month trial program with the California Department of Forestry and Fire Protection to create an environmentally sound and socially responsible alternative to importing lumber from other areas, reducing our demand on trees from natural forests. MULCH is made from coarse ground branches and leaves. It should be spread on the ground at a rate of six to twelve inches for best effect. Fresh mulch will deplete nitrogen from the surface of the soil which will reduce unwanted weeds. Once the mulch has decayed, it returns nitrogen which helps build the quality of soil for plants. A large amount of tree debris is processed by WCA and used in large scale mulching projects for establishing native plants in open space areas. GREEN WASTE WCA’s commitment to be a socially responsible corporate partner to our customers and communities is exemplified in our Recycling Program. With the steadily-increasing concern for the ecological health of our communities, WCA has embarked on a landfill diversion process where all material is taken to recycling facilities where it is used in the production of soil amendments. We are committed to taking all recyclable materials removed from the trees trimmed for the duration of this project to a recycling center for processing. Verification of amounts recycled will be obtained and reported by WCA via ArborAccess for the purpose of meeting the goals of the State for reducing landfill usage. A SERVICES APPROACH Page 183 11 QUALITY 3.7.B CONTROL IMPLEMENTATION PLAN To ensure the quality of work and the level of service expected, WCA abides by a well-defined quality control plan that incorporates the following: • Certified personnel • Safety • Pruning specifications and guidelines • Sound equipment • Public relations • Proper traffic control • State-of-the-art communication systems Special shifts including weekends and evenings can be arranged in accordance with the Agency’s specifications. Project/Area Manager: NICK ALAGO ISA Certification #WE 4396-AU ISA Tree Risk Assessment #E1083 TCIA Certified Arborist #250 TLC Wildlife Aware The project Area Manager will be the central point of contact and will work cooperatively with Agency staff, local residents and business owners, etc. The Area Manger will provide overall field supervision and crew management. Daily Management Daily management will consist of, but not be limited to: • Email notification complete with location, crew, equipment type, and work description • Supervise crew personnel to insure proper pruning standards are followed in a safe manner • Traffic control setup and maintenance of work zone • Ensure work area is left free of debris at the end of shift • Maintain record of work completed each day • Maintain good public relations at all times • Provide immediate notification to Agency Inspector upon damage of personal property including a plan for corrective measures to take place within 48 hours Weekly Management Weekly management will consist of, but is not limited to: • Weekly inspection of work completed • Meet with the Agency to review work schedule and progress • Insure standards of pruning are performed in accordance with Agency specifications • Maintain open communication with the Agency Inspector and field crew Scheduling of Work The Area Manager is responsible for scheduling work which shall conform to the Agency’s schedule of performance. We recommend equal distribution of work throughout the course of the fiscal year. Notifications will be provided to residents prior to the start of pruning operations in said area. All work will be performed in a cooperative manner as to cause the least amount of interference or inconvenience. Public Notification Upon Agency staff approval, WCA will post a door hanger notice prior to commencement of grid pruning (within 24-48 hours). After tree plantings, door hangers will be provided to residents instructing them on the proper care for their newly planted tree. For more comprehensive outreach we can also submit a press release for special projects or routine maintenance. The Agency may modify the procedures and materials to which we notify residents. Communication Systems Our use of modern and reliable communication systems affect our daily job performance by increasing our efficiency. Management and Field Personnel utilize smart phones as both navigational and communication devices in the field. Smart phones have proven to be a convenient method to input data as related to tree inventories, daily work records, timesheets, photos, and billing information; eliminating the need to handwrite data and improving customer service by minimizing response time. Permits and Licensing WCA will procure a City Business License as necessary and any “no- fee” permits prior to commencement of work. Permits (i.e., encroachment, traffic control, etc.) requiring fees will be charged back to the Agency. Right-of-Way All work will be performed in the public right-of-way. Employees will not utilize private property for eating, breaks or any other reason or use water or electricity from such property without prior written permission of owner. Cooperation and Collateral Work WCA will give right to operate within the project to the Agency workers and/other contractors, utility companies, street sweepers, and others as needed in a cooperative effort to minimize interference in daily operations. Page 184 B QUALITY CONTROL WORKFLOW TIMELINE Work request received from Customer CSR creates a work order & gives to Area Manager Area Manager schedules the work & informs the Customer Work order is given to the Foreman Foreman posts public notices Crew performs work Foreman completes work order & inventory; then submits to office CSR closes work order; Billing Dept. prepares invoice Customer marks trees for USA & notifies resident Work request received from Customer CSR creates work order & contacts USA 48 hours in advance of work Work order is given to the Area Manager Area Manager schedules work, informs the Customer & gives work order to Foreman Crew performs work Foreman completes work order & inventory; then submits to office CSR closes work order; Billing Dept. prepares invoice Work request received from Customer CSR prepares work order & orders tree(s) from Nursery Manager CSR gives work order to Area Manager to schedule work & inform the Customer Work order is given to the Foreman Crew performs work & hangs tree care door hanger Foreman completes work order & inventory; then turns in CSR closes work order; Billing Dept. prepares invoice Billing Dept. processes & prepares invoice Emergency request received from Customer On-Call Supervisor dispatches Emergency Crew Supervisor creates work order & sends to Foreman Crew performs necessary work to ensure safety Crew sends notification and photos to Customer and Supervisor that work is complete If applicable, crew return to site next day to complete work Foreman completes work order & inventory; then turns in CSR closes work order; Billing Dept. prepares invoice Grid Pruning Flowchart (Completion dependent on tree quantity) Removal Flowchart (15-30 day Completion) Planting Flowchart (15-30 day Completion) Service Request Flowchart (15-30 day Completion) Emergency Flowchart (1 Hour Response/ 24 Hour Completion) Work request received from Customer CSR creates a work order & gives to Area Manager Area Manager schedules the work & informs the Customer Work order is given to the Foreman Foreman posts public notices Crew performs work Foreman completes work order & inventory; then turns in CSR closes work order; Billing Dept. prepares invoice Page 185 13 B QUALITY CONTROL EMERGENCY CONTACTS SAMPLE PLANTING DOOR HANGER TOLL FREE 866.546.2369 in case of emergency after normal business hours Leave a message, if you do not receive a call back within 10 minutes, call the following contacts in order: ALONSO GARCIA, SUPERVISOR 714.981.3564 MANUEL PEREZ, SUPERVISOR 626.255.2821 LEONEL CORTEZ, SUPERVISOR 714.412.0424 NICK ALAGO, AREA MANAGER 714.920.0558 MARTIN CORTEZ, AREA MANAGER 714.713.0717 After confirmation from on call Manager, you can email multiple locations to: LIMBDOWN@WCAINC.COM NORMAL BUSINESS HOURS 714.991-1900 Page 186 14 Project Site Maintenance Work site will be left free of debris at the end of each workday. We will not discharge smoke, dust, or any other air containments in quantities that violate the regulations of any legally constituted authority. Protection of Public and Private Property WCA will provide all safety measures necessary to protect the public and worker within the work area. We will maintain good public relations at all times. The work will be conducted in a manner which will cause the least disturbance. Public Convenience and Safety WCA will comply with any and all local sound control and noise level rules, regulations, and ordinances which apply to any work performed in the contracted area. All work will cease by 5:00 pm or as directed by the Agency. *Excluding emergency services. Traffic Control Traffic control procedures will be set-up in accordance with the Work Area Traffic Control Handbook (WATCH) and State of California Manual of Traffic Controls as well as the Agency Traffic and Safety Operating Rules. WCA will make adequate provisions to insure the normal flow of traffic over the public streets and park roads. Every effort will be made to keep commercial driveways and passageways open to the public during business hours. High visibility arrowboard(s) will be used when needed. Prior to use, the Agency will approve traffic safety equipment and devices. Pedestrian and vehicular traffic shall be allowed to pass through the work areas only under conditions of safety and with as little inconvenience and delay as possible. Unless the work area is totally barricaded or otherwise kept safe, at least one worker will serve to coordinate safe operations on the ground at all times when work operations are in progress. B QUALITY CONTROL Page 187 15 Customer Service Department As we work with, or near, the public, we are mindful that we will most likely be the first person the public contacts. We have a full- time Customer Service Department with each Customer Service Representative (CSR) trained in addressing concerned residents and bystanders. Complaints & Damage Resolution Should there be any property damage, we adhere to specific procedures to resolve the problem. The Foreman on the job site will notify the resident and the Inspector immediately. If the resident is not at home, then we will leave a WCA card with instructions to call our Claims Coordinator in our corporate office. The ultimate goal at each work site is to leave the property in the same condition as before we entered it. We will notify the Agency Representative immediately upon damage of personal property including plans for corrective measures to take place within 48 All WCA vehicles are equipped with an Accident Kit should anything happen during the work day. Each kit has an Incident Report, an Accident Report, an Injury Report, a camera, First Aid instructions and protocol for contacting the corporate office. A computerized log of all incidents is maintained to include the date, time of occurrence, location, problem and action to be taken pursuant thereto or reasoning for non-action. Any activities found by the Agency to be unacceptable will be rectified immediately. All other complaints will be abated or resolved within twenty-four (24) hours of the occurrence. We have teams specifically assigned for handling damage to properties, both private and public. Through our communication system, we have the ability to dispatch either of these teams and have them respond immediately to the site for proper repair. We pride ourselves on professional workmanship to avoid these types of incidents, however, should one occur, we take all appropriate measures to resolve the matter in a timely and efficient manner. OATH OF COMMITMENT WCA is committed to working with the City of Rancho Cucamonga staff to develop and maintain a work schedule that will provide the citizens with the most effective and efficient means to perform tree care services. We will adhere to the schedule established by the City and ensure residents of our dedication to completing work in a timely manner. We understand that there may be fluctuations in the City’s budget and that the City may ask us to reduce service levels in an effort to meet the current economic demands. By being flexible, we can help to ease any financial strain, promote contractor stability and guarantee residents with quality tree care & customer service. This is our oath of commitment to uphold the prestigious namesake of the City of Rancho Cucamonga by providing gold standard tree care services. Patrick Mahoney, President 9/24/18 B QUALITY CONTROL Page 188 16 3.7.C INVENTORY SOFTWARE- ARBORACCESS Our tree management program sets us apart from other companies. With nearly 2,000 active users, ArborAccess and our mobile app will help you easily manage your urban forest with ease and convenience. Tree site attributes include location (utilizing GPS coordinates), species type, and parkway size. Features allow you to view and edit work history records and create work orders directly from the field, all from our secure cloud. The information contained in ArborAccess is live data that can also be linked directly to a GIS program, such as ArcView, for geo-coding purposes and can assist your Agency in meeting GASB34 requirements. ArborAccess provides an unlimited resource of information regarding your urban forest. SOFTWARE TRAINING Our IT Department is based out of our corporate office in Anaheim, CA with regional offices located throughout California and Arizona. Each office has the ability to provide software training to our customers. We are also available to provide training sessions on- site at the customer’s discretion. On-site training is proven to be effective as it provides a guided hands-on experience. We offer periodic tree maintenance and management workshops each year. These free workshops are provided to our customers regionally and educate over 250 people annually. They have proven to be a great round-table and networking opportunity for the different agencies in attendance. Presentations are provided by WCA management staff and complimented with guest speakers in the industry. Certified Arborists and Tree Workers who attend are eligible to receive continuing education credits (CEU’s) from the International Society of Arboriculture. The success of any urban forest program depends on the proper management of information. Unlimited telephone and/or email support is available to answer technical questions and aid staff in the use of the software system. Software training and support is included in the cost associated with the inventory data collection. WCA has completed 300+ GPS tree inventories. • Ease of use • Create work orders • View tree site details • View work history • View invoices • Mobile app • Live data • GIS/GPS mapping ARBORACCESS FEATURES LIST TRACKING SYSTEM The List Tracking Report in ArborAccess is a useful tool in the management of incoming work. This report allows both parties to track specific jobs as they are ordered by the Agency. Proper use of this system enables the Agency and WCA to track the completion of work that is ordered. INVENTORY MANAGEMENT Page 189 17 • DBH Frequency • Height Frequency • District Frequency • Species Frequency (sample above) • All Tees at an Address • Estimated Tree Value BILLING WCA, Inc. operates a modern invoicing system that is updated on a daily basis. Progress billings will be submitted to the Customers on a bi-weekly basis, unless otherwise requested. Invoices will reflect an amount complete for the billing period, along with a year-to-date total for that job. Each billing will include a listing of completed work by address, tree species, work performed and appropriate data acceptable to the customer. This information will be supplied in hardcopy and immediately accessible on ArborAccess. Job balances reflecting the percent of completion for each job can be viewed on ArborAccess. SAMPLE MANAGEMENT TOOLS DETAILED TREE SITE CHARACHTERISTICS The advanced technology provides a valuable tool to urban forestry professionals by displaying specific tree site information along with a representative photograph of the species type and a recommended maintenance field. ArborAccess’ built-in quality control features assist in data accuracy. As maintenance is performed, the work history is updated and accompanied with bi- weekly invoices. This process eliminates the need for dual-inputting and helps keep the tree inventory current and accurate. MAINTENANCE RECORDS Accurate maintenance records for each location oftentimes can assist the Agency with liability claims. Maintaining a detailed history of the work performed at each location demonstrates good faith in preserving its urban forest. It is imperative that work requests are pulled from the system prior to the work being performed, otherwise inventory accuracy is not guaranteed. The Species Frequency report can assist your Agency in identifying the tree population within the urban forest. This type of information is valuable in the event of an insect infestation, deadly disease, or even estimating future maintenance costs. In addition, an analysis can be performed to evaluate the history of the performance of a particular species within your Agency. SAMPLE AGENCY SPECIES FREQUENCY REPORT D INVENTORY MGMT. DETAILED REPORTING OPTIONS • Inventory • View Invoices • Job Balances • Green Waste • Work History • Work Type by District Page 190 18 EQUIPMENT Our modern fleet undergoes daily inspection prior to use to ensure efficiency and safety. All equipment is routinely serviced, painted, and detailed. All equipment used during the duration of this project will meet state and federal safety requirements and have all up-to-date certifications as required. CHP Biennial Inspection of Terminal Certification We have successfully been awarded the CHP Biennial Inspection Award of Recognition. This inspection has assisted our company in instituting several safety programs, as well as our Preventative Maintenance Program utilized by our in-house fleet department. The inspection reviews our vehicle maintenance and repair records, our procedural methods and policies for vehicle maintenance and operations. This certification ensures that our vehicles operate safely. 1000 + Modern Fleet consisting of 1000+ NetworkCar Fleet Solutions WCA has partnered with NetworkCar Fleet Solutions to provide GPS units on all vehicles and equipment. This investment has given us and our customers the following benefits: • Provide faster response times and more efficient routing allowing us to service more customers • Lower operational costs by optimizing our fleet size, reducing labor, overtime, and insurance, and minimizing costly vehicle repairs • Decrease fuel use by monitoring fleet fuel economy and saving on unnecessary fuel expenditures • Reduce emissions by helping drivers improve their habits such as speed and idle time, and reducing total miles driven which will significantly reduce harmful greenhouse gas emissions • Improve dispatching with landmarks and driving directions, GPS units helps us to better dispatch so that we can service more customers, faster • Recover stolen vehicles reducing liability costs which can be passed on to customers EQUIPMENT 3.7.D SUMMARY EQUIPMENT LIST SUMMARY: Pick Up Trucks Aerial Lift Devices 95’ Aerial Devices Dump Trucks Flat Beds Forklifts Arrowboards ATVs Stump Grinders Loaders Rubber Track Loader Root Pruners Rolloff Trucks Saw Mill Log Skidder Back Hoes Brush Chippers Cranes Toyota Prius Toyota Yaris Ford CMAX 261 252 15 147 39 6 60 4 48 65 1 2 39 2 1 1 152 5 10 8 4 Page 191 CITY OF RANCHO CUCAMONGA RFP #18/19-007 CITYWIDE TREE MAINTENANCE SERVICES 3.8 NON-DISCLOSURE CONFLICT OF INTEREST Page 192 City of Rancho Cucamonga Request for Proposals ("RFP") #18/19-007 for Citywide Tree Maintenance Services "EXHIBIT A" CITY CONFLICT OF INTEREST/NON-DISCLOSURE STATEMENT It is the policy of the City to prevent personal or organizational conflict of interest, or the appearance of such conflict of interest, in the award and administration of City Contracts, including, but not limited to Contracts for Professional Services Agreements ("PSA") with potential Vendors. I do not have specific knowledge of confidential information regarding RFP responses received in response to the Request for Proposal RFP # 18/19-007 for Citywide Tree Maintenance Service. I agree not to disclose or otherwise divulge any information pertaining to the contents, status, or ranking of any RFP response to anyone. I understand the terms and "disclose or otherwise divulge" to include, but are not limited to, verbal conversations, written correspondence, reproduction of any part or any portion of any RFP response, or removal of same from designated areas. I, the undersigned, hereby certify that the following statements are true and correct and that I understand and agree to be bound by commitments contained herein. (Print Name) (Relationship to the City) (Relationship to the Vendor) (Signature) (Date) Must be included in final RFP submittal. Submittals Due: September 26, 2018, by 3:00 p.m. Page 33 of 40 Page 193 CITY OF RANCHO CUCAMONGA RFP #18/19-007 CITYWIDE TREE MAINTENANCE SERVICES 3.9 COMPANY REFERENCES *See Separate Attachment* Page 194 CITY OF RANCHO CUCAMONGA RFP #18/19-007 CITYWIDE TREE MAINTENANCE SERVICES 3.10 PROFESSIONAL SERIVICES AGREEMENT Page 195 City of Rancho Cucamonga Request for Proposals ("RFP") #18/19-007 for Citywide Tree Maintenance Services "EXHIBIT C" PROFESSIONAL SERVICES AGREEMENT EXCEPTIONS SUMMARY Mark the appropriate choice, below: _L Vendor accepts the PSA without exception. OR __ Vendor proposes exceptions to the PSA. Summarize all exceptions on a separate document. Enclose a written summary of each change and title as "Exception Summary", which shall include the Vendor's rationale for proposing each such exception. Each exception must be labeled with the Section number in the PSA. Failure to properly reference exceptions in the submitted summary may deem the response as non-responsive. Signature Patrick Mahoney Printed Name President Title Date Must be included in final RFP submittal. Submittals Due: September 26, 2018, by 3:00 p.m. Page 36 of 40 Page 196 CITY OF RANCHO CUCAMONGA RFP #18/19-007 CITYWIDE TREE MAINTENANCE SERVICES 3.11 INSURANCE Page 197 City of Rancho Cucamonga Request for Proposals ("RFP") #18/19-007 for Citywide Tree Maintenance Services "EXHIBIT D" ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS AND CERTIFICATION OF ABILITY TO PROVIDE AND MAINTAIN COVERAGES SPECIFIED 1, ___ P_a_t_ri_c_k_M_a_h_o_n_e�y�--the President (President, Secretary, Manager, Owner or Representative) of ______ e .... s .... t .... o .. a ....... st .... A ....... rb_o_r .... is .... ts ....... l ... o .. c ... , _____ _,. certify that the (Name of Company, Corporation or Owner) Specifications and General Provisions regarding insurance requirements as stated within the Professional Services Agreement (PSA), for the Purchase Contract designated Request for Proposal ("RFP'') # 18/19-007 for Citywide Tree Maintenance Services have been read and understood and that our Vendor is able to provide and maintain the coverage as specified in the PSA. Failure to provide said coverage, upon request to finalize the PSA prior to award shall be sufficient cause for immediate disqualification of award. Failure to maintain said coverage shall r ult ·n rmination of the contract. Signature Patrick Mahoney Printed Name Title Date Must be included in final RFP submittal. Submittals Due: September 26, 2018, by 3:00 p.m. Page 37 of 40 Page 198 This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies LDI COI 268896 02 11 NM 772 07-10 Personal & Advertising Injury GENERAL LIABILITY CONFERS NO RIGHTS UPNFORMATION ONLY AND DOES NOT AMEND, EXTINSURANCE POLICY AND THIS CERTIFICATE IS ISS This is to Certify that NAME AND ADDRESS OF INSURED is, at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subject to all their terms, exclusions and Conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be issued. OFFICE PHONE DATE ISSUED TYPE OF POLICY EXP DATE CONTINUOUS EXTENDED POLICY TERM POLICY NUMBER LIMIT OF LIABILITY WORKERS COMPENSATION RETRO DATE OCCURRENCE CLAIMS MADE AUTOMOBILE LIABILITY OWNED NON-OWNED HIRED OTHER ADDITIONAL COMMENTS * If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date. NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO: COVERAGE AFFORDED UNDER WC LAW OF THE FOLLOWING STATES:EMPLOYERS LIABILITY Bodily Injury by Accident Bodily Injury By Disease Bodily Injury By Disease Policy Limit Each Person Each Accident Each Accident—Single Limit Products / Completed Operations Aggregate Other Other Each Person Each Accident or Occurrence Each Accident or Occurrence UED AS A MATTER OF I ON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN END, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. Certificate of Insurance General Aggregate Per Person / Organization B.I. And P.D. Combined CertificateHolderLiberty Mutual Insurance Group AUTHORIZED REPRESENTATIVE POLICY LIMITS ARE NO LESS THAN THOSE LISTED, ALTHOUGH POLICIES MAY INCLUDE ADDITIONAL SUBLIMIT/LIMITS NOT LISTED BELOW. COMMERCIAL Each Occurrence LDI COI 123456-7 89 10 3 Elaine Ulan 0564408 6/12/2018 Los Angeles / 0603 818 W 7th Street, Suite 850 Los Angeles CA 90017 213-443-0782 WEST COAST ARBORISTS, INC 2200 EAST VIA BURTON ANAHEIM CA 92806 Evidence Only 2200 E Via Burton Anaheim CA 92806 30 $1,000,000 $1,000,000 $1,000,000 $2,000,000 $2,000,000 $1,000,000 $1,000,000 $2,000,000 TB2-661-039499-0187/1/2019 3 Damage to premises rented to you $300,000 Medical Expense $5,000 7/1/2019 AS7-661-039499-038 3 3 3 WA7-66D-039499-0787/1/2019 All States Except: ND, OH, WA, WYStatutory Limits $5,000,000 Per Occurrence/Aggregate Umbrella Excess Liability 7/1/2018 - 7/1/2019 TH7-661-039499-048 42480140 | LM_2819 | 7/18-7/19 - GL/2/1, AL/2, WC/1, U/5 | Donna Smitala | 6/12/2018 12:05:13 PM (CDT) | Page 1 of 1 Page 199 CITY OF RANCHO CUCAMONGA RFP #18/19-007 CITYWIDE TREE MAINTENANCE SERVICES 3.12 ADDENDUM ACKNOWLEDGEMENT Page 200 City of Rancho Cucamonga Request for Proposals ("RFP") #18/19-007 for Citywide Tree Maintenance Services "EXHIBIT E" ADDENDUM ACKNOWLEDGEMENT The Vendor hereby acknowledges the following Addenda Number(s) to this RFP have been received, if any. Vendor understands failure to acknowledge any addenda issued may cause the RFP response to be considered non-responsive. It is the Vendor's responsibility to log into the Bid System to identify and download the number of addenda that have been posted. •NO ADDENDUMS •NO ADDENDUMS •NO ADDENDUMS •NO ADDENDUM$ Signature Patrick Mahoney Printed Name President Title 9/25/18 Date Must be included in final RFP submittal. Submittals Due: September 26, 2018, by 3:00 p.m. Page 38 of 40 Page 201 CITY OF RANCHO CUCAMONGA RFP #18/19-007 CITYWIDE TREE MAINTENANCE SERVICES 3.13 VENDOR CERTIFICATION Page 202 City of Rancho Cucamonga Request for Proposals ("RFP") #18/19-007 for Citywide Tree Maintenance Services "EXHIBIT F" VENDOR CERTIFICATION FORM West Coast Arborists, Inc. I certify that neither ________ (Vendor) nor any of its proposed subcontractors are currently under suspension or debarment by any state or federal government agency, and that neither Vendor nor any of its proposed subcontractors are tax delinquent with the State of California. I acknowledge that if Vendor or any of its subcontractors subsequently are placed under suspension or debarment by a local, state or federal government entity, or if Vendor or any of its subcontractors subsequently become delinquent in California taxes, our Proposal may be disqualified. Signature Patrick Mahoney Printed Name President Title Date Must be included in final RFP submittal. Submittals Due: September 26, 2018, by 3:00 p.m. Page 39 of40 Page 203 CITY OF RANCHO CUCAMONGA RFP #18/19-007 CITYWIDE TREE MAINTENANCE SERVICES 3.14 SIGNATURE OF AUTHORITY Page 204 City of Rancho Cucamonga Request for Proposals ("RFP") #18/19-007 for Citywide Tree Maintenance Services "EXHIBIT G" SIGNATURE OF AUTHORITY The undersigned firm declares that he has carefully examined the specifications and read the above terms and conditions, and hereby proposes and agrees, if this RFP response is accepted, to furnish all material in accordance with the specifications and instructions, in the time and manner therein prescribed for the unit cost amounts set forth in the following RFP response. THE VENDOR IN SUBMITTING THIS RFP RESPONSE MUST FILL IN THE FOLLOWING INFORMATION. FAILURE TO DO SO MAY DEEM YOUR RFP RESPONSE AS NON-RESPONSIVE. Company Name: Address: (Street, Su.# City, State, Zip) West Coast Arborists, Inc. 2200 E. Via Burton, Anaheim, CA 92806 Telephone#: (714)991-1900 Fax#: (714)956-3745 E-mail address:Web Address: Victor Gonzalez, Vice President www.wcainc.com vgonzalez@wcainc.com Authorized Representative: (print) Title: Patrick Mahoney President Signature: Ii� Date: 9/25/18 V I Must be included in final RFP submittal. Submittals Due: September 26, 2018, by 3:00 p.m. Page 40 of 40 Page 205 CITY OF RANCHO CUCAMONGA RFP #18/19-007 CITYWIDE TREE MAINTENANCE SERVICES 3.15 LINE ITEM PRICING *Please find line items on Planet Bids* Page 206 CITY OF RANCHO CUCAMONGA RFP #18/19-007 CITYWIDE TREE MAINTENANCE SERVICES 3.16 PARTICIPATION CLAUSE Page 207 City of Rancho Cucamonga Request for Proposals ("RFP") #18/19-007 for Citywide Tree Maintenance Services 5.9 LETTER OF INTENT TO AWARD After a final Vendor selection is determined, a Letter of Intent to Award (LOI) will be posted for review by all participating, responsive Vendors. Negotiations shall be confidential and not subject to disclosure to competing Vendors unless an agreement is reached. If contract negotiations cannot be concluded successfully, City may negotiate a contract with the next highest scoring Vendor or withdraw the RFP entirely. 5.10 PARTICIPATION CLAUSE It is hereby understood that other government entities, such as cities, counties, and special/school districts may utilize this RFP response at their option for equipment or services at the RFP response price for a period of 730 days. Said entities shall have the option to participate in any award made because of this solicitation. Any such piggy-back awards will be made independently by each agency, and the City is not an agent, partner or representative of these agencies and is not obligated or liable for any action of debts that may arise out of such independently negotiated piggy-back procurement. Each public agency shall accept sole responsibility of its own order placement and payments of the Vendor. Successful Vendor will extend prices as proposed herein to other governmental agencies, please specify. YES _ ___;;,✓ __NO ___ _ Submittals Due: September 26, 2018, by 3:00 p.m. Page 32 of 40 Page 208 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 16 EXHIBIT C CONTRACTOR’S BEST AND FINAL OFFER Page 209 Page 210 $80.00$50.00$90.00$150.00$185.00$225.00$295.00$325.00$40.00$85.00$140.00$165.00$185.00$215.00$250.00$65.00$115.00$175.00$225.00$295.00$350.00$395.00$185.00$175.00$70.00$95.00BAFO submitted by West Coast Arborists, Inc.Page 211 $70.00$70.00$225.00$350.00$550.00$750.00$900.00$1,200.00$55.00$175.00$275.00$450.00$575.00$750.00$1,000.00$13.50$90.00$185.00$185.00$330.00$440.00$930.00$75.00$8.00$75.00$75.00Page 212 $75.00$2,025.00$1,000.00$270.00$330.00$140.00$140.00Page 213 D AT E : December 5, 2018 T O:Mayor and Members of the City Council F RO M :J ohn R . Gillison, C ity Manager INIT IAT E D B Y:L ori S assoon, Deputy City Manager/Administrative Services Robert Neiuber, Human R esources Director L ucy Alvarez-Nunez, Management A nalyst I S UB J E C T:C O NS ID E RAT I O N T O AP P RO V E A RE S O L UT IO N AP P RO V ING T HE S AL ARY S C HE D UL E S F O R F IS C AL Y E AR 2018/19. RE COMMENDAT ION: Staf f recommends that the C ity Council of the C ity of R ancho C ucamonga adopt the resolution approving the F iscal Year 2018/19 salary schedules for job classif ications employed by the City. BACKGROUND: T he City Council traditionally adopts salary resolutions biannually for those classifications employed by the C ity of R ancho Cucamonga. T hese resolutions are updated to reflect changes in salaries, additions and deletions of classifications, changes in job titles, and other terms of employment. ANALY S IS: Staf f recommends that the City Council approve the resolution updating salary schedules f or F iscal Year 2018/19 to include changes to job titles in the C ommunications Division and C ommunity S ervices T heatre D ivision to help with future recruitment ef f orts, as well as changes to the part-time salary schedule to adjust the lower end of certain part-time positions in order to bring the amount in legal compliance with the J anuary 1, 2019 minimum wage increase. F ull-time position changes include changes to job titles f or positions in the Communications Division and C ommunity S ervices T heatre D ivision. T hese changes do not include changes in duties, pay, or benefits: C ommunications Manager to Community A f f airs Manager C ommunications & Marketing Officer to Community A f f airs Officer C ommunity S ervices Marketing C oord. to Community A f f airs C oordinator C ommunity S ervices Technician to Community A f f airs Technician C ommunity S ervices S pecialist to C ommunity Affairs S pecialist C ommunity S ervices Coordinator to Artistic P roducer – MainS treet T heatre C ommunity S ervices Coordinator to Community T heater P roducer C ommunity S ervices Coordinator to E vent & Rental S ervices Coordinator C ommunity S ervices Coordinator to F ront of House C oordinator Page 214 C ommunity S ervices S upervisor to P atron & Events Supervisor As a result of the title changes listed above, the f ollowing titles have been removed f rom the salary schedule: Communications Manager, Communications & Marketing Of f icer, Community Services Marketing Coordinator, C ommunity S ervices Marketing Manager, and Cultural A rts Manager. I n addition, staf f recommends a change in job title for a position in the Communications Division from Management A nalyst I to Community Affairs S enior C oordinator to better reflect the job duties of the position. T his change includes a revision to the current job duties and an increase of 5% to the salary range. Based on the S tate of C alif ornia minimum wage law, the resolution adopts changes to the lower end of certain part-time positions in order to bring the amount in legal compliance with the J anuary 1, 2019 minimum wage increase to $12 per hour. T he upper ranges of the positions remain unchanged. The part- time positions af f ected by the change in minimum wage are: A nimal L icense C anvasser, Box Office Specialist, E nvironmental Resources I ntern, L ibrary A ide, L ibrary P age, L ibrary P age I I , Maintenance Technician, O utreach Technician, P rogram S pecialist, Recreation A ssistant, and Recreation A ttendant. C lassif ications, job titles, and other terms of employment remain the same. FISCAL IMPACT: I t is anticipated that the J anuary 1, 2019 minimum wage changes will increase part-time costs by approximately $120,000 during the remainder of the 2018/2019 f iscal year. T hese cost increases were accounted f or in the current fiscal year budget. COUNCIL GOAL(S) ADDRE S S E D: E NHA NC I NG P R E MI E R C O MMUNI T Y S TAT US T he City is responsible f or ensuring classif ication titles ref lect, attract and retain an exceptional workf orce and f or complying with minimum wage law requirements to ensure that the City of R ancho C ucamonga continues to be a premier employer f or the community. AT TAC HM E NT S : D escription Attachment 1 - R E S O L UT I O N 18-123 Attachment 2 - R C C E A S alary S chedule Attachment 3 - Executive Management S alary S chedule Attachment 4 - Teamsters L ocal 1932 Salary Schedule Attachment 5 - C ity Part-Time S alary S chedule Page 215 RESOLUTION NO. 18-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE SALARY SCHEDULE FOR FISCAL YEAR 2018-19 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 Rancho Cucamonga City Employees Association, Executive Management Group, Teamsters Local 1932 and Part-Time City positions (Attachments 2-5) effective January 1, 2019. PASSED, APPROVED, AND ADOPTED this 5th day of December 2018. Page 216 Minimum Control Point Maximum Class Title Step Amount Step Amount Step Amount Account Clerk 4375 $2,995 4415 $3,657 4435 $4,040 Account Technician 4423 $3,805 4463 $4,644 4483 $5,132 Accountant# 3465 $4,692 3505 $5,727 3525 $6,327 Accounting Manager* 2525 $6,327 2565 $7,724 2585 $8,534 Accounts Payable Supervisor# 3470 $4,810 3510 $5,872 3530 $6,488 Administrative Assistant 4349 $2,631 4409 $3,548 4429 $3,921 Administrative Technician 4437 $4,081 4477 $4,981 4497 $5,503 Animal Care Attendant 4349 $2,631 4389 $3,212 4409 $3,548 Animal Care Supervisor# 3416 $3,674 3456 $4,486 3476 $4,955 Animal Caretaker 4378 $3,041 4418 $3,711 4438 $4,100 Animal Center Manager* 2506 $5,757 2546 $7,027 2566 $7,763 Animal Handler 4388 $3,195 4428 $3,901 4448 $4,311 Animal License Canvasser 4349 $2,631 4389 $3,212 4409 $3,548 Animal Services Dispatcher 4369 $2,907 4409 $3,548 4429 $3,921 Animal Services Officer I 4421 $3,768 4461 $4,599 4481 $5,081 Animal Services Officer II 4441 $4,162 4481 $5,081 4501 $5,615 Artistic Producer - Mainstreet Theatre Company 4450 $4,354 4490 $5,315 4510 $5,872 Assistant City Clerk # 3535 $6,652 3575 $8,119 3595 $8,971 Assistant City Engineer* 2590 $8,750 2630 $10,681 2650 $11,803 Assistant Engineer# 3488 $5,261 3528 $6,423 3548 $7,097 Assistant Library Director* 2572 $7,998 2612 $9,764 2632 $10,788 Assistant Planner# 3468 $4,763 3508 $5,814 3528 $6,423 Assistant to the City Manager* 2548 $7,097 2588 $8,663 2608 $9,572 Associate Engineer# 3518 $6,111 3558 $7,459 3578 $8,242 Associate Planner# 3487 $5,235 3527 $6,392 3547 $7,062 Box Office Coordinator 4450 $4,354 4490 $5,315 4510 $5,872 Budget Analyst# 3515 $6,020 3555 $7,348 3575 $8,119 Building Inspection Supervisor#2 3504 $5,698 3544 $6,957 3564 $7,686 Building Inspector I2 4444 $4,224 4484 $5,157 4504 $5,698 Building Inspector II2 4464 $4,668 4504 $5,698 4524 $6,296 Building and Safety Manager* 2533 $6,586 2573 $8,038 2593 $8,882 Business License Clerk 4378 $3,041 4418 $3,711 4438 $4,100 Business License Inspector 4418 $3,711 4458 $4,530 4478 $5,006 Monthly Pay Ranges Effective January 1, 2019 Resolution No. 18-XXX MID MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES RCCEA COVERED EMPLOYEES IN THE Attachment 2 Rancho Cucamonga City Employee Association January 1, 2019 Page 217 Minimum Control Point Maximum Monthly Pay Ranges Effective January 1, 2019 Resolution No. 18-XXX MID MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES RCCEA COVERED EMPLOYEES IN THE Business License Program Coordinator# 3432 $3,980 3472 $4,857 3492 $5,367 Business License Program Supervisor# 3442 $4,184 3482 $5,107 3502 $5,642 Business License Technician 4408 $3,531 4448 $4,311 4468 $4,763 City Clerk Records Management Analyst# 3470 $4,810 3510 $5,872 3530 $6,488 City Planner/Planning Manager* 2583 $8,450 2623 $10,314 2643 $11,397 Community Affairs Coordinator 4450 $4,354 4490 $5,315 4510 $5,872 Community Affairs Manager* 2565 $7,724 2605 $9,430 2625 $10,418 Community Affairs Officer# 3515 $6,020 3555 $7,348 3575 $8,119 Community Affairs Senior Coordinator# 3480 $5,055 3520 $6,173 3540 $6,820 Community Affairs Specialist 4350 $2,643 4390 $3,227 4410 $3,566 Community Affairs Technician 4437 $4,081 4477 $4,981 4497 $5,503 Community Improvement Manager* 2533 $6,586 2573 $8,038 2593 $8,882 Community Improvement Officer I 4421 $3,768 4461 $4,599 4481 $5,081 Community Improvement Officer II 4441 $4,162 4481 $5,081 4501 $5,615 Community Programs Coordinator 4450 $4,354 4490 $5,315 4510 $5,872 Community Programs Specialist 4437 $4,081 4477 $4,981 4497 $5,503 Community Services Coordinator 4450 $4,354 4490 $5,315 4510 $5,872 Community Services Manager* 2506 $5,757 2546 $7,027 2566 $7,763 Community Services Project Coordinator# 3500 $5,586 3540 $6,888 3560 $7,533 Community Services Specialist 4350 $2,643 4390 $3,227 4410 $3,566 Community Services Superintendent* 2536 $6,685 2576 $8,160 2596 $9,016 Community Services Supervisor# 3480 $5,055 3520 $6,173 3540 $6,820 Community Services Technician 4437 $4,081 4477 $4,981 4497 $5,503 Community Theater Producer 4450 $4,354 4490 $5,315 4510 $5,872 Cultural Center Manager* 2536 $6,685 2576 $8,160 2596 $9,016 Deputy City Clerk# 3430 $3,940 3470 $4,810 3490 $5,315 Deputy Dir. of Innovation and Technology* 2558 $7,459 2598 $9,105 2618 $10,062 Deputy Director of Public Works* 2566 $7,763 2606 $9,476 2626 $10,470 Engineering Aide 4421 $3,768 4461 $4,599 4481 $5,081 Engineering Technician 4441 $4,162 4481 $5,081 4501 $5,615 Environmental Programs Coordinator# 3503 $5,670 3543 $6,923 3563 $7,648 Environmental Programs Inspector 2 4464 $4,668 4504 $5,698 4524 $6,296 Environmental Programs Manager* 2539 $6,786 2579 $8,283 2599 $9,152 Event & Rental Services Coordinator 4450 $4,354 4490 $5,315 4510 $5,872 Attachment 2 Rancho Cucamonga City Employee Association January 1, 2019 Page 218 Minimum Control Point Maximum Monthly Pay Ranges Effective January 1, 2019 Resolution No. 18-XXX MID MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES RCCEA COVERED EMPLOYEES IN THE Executive Assistant II# 3444 $4,224 3484 $5,157 3504 $5,698 Executive Assistant1 4394 $3,293 4464 $4,668 4484 $5,157 Facilities Superintendent* 2536 $6,685 2576 $8,160 2596 $9,016 Finance Manager* 2559 $7,496 2599 $9,152 2619 $10,113 Fleet Supervisor#2 3488 $5,261 3528 $6,423 3548 $7,097 Front of House Coordinator 4450 $4,354 4490 $5,315 4510 $5,872 Fund Development Coordinator# 3470 $4,810 3510 $5,872 3530 $6,488 GIS Analyst# 3505 $5,727 3545 $6,993 3565 $7,724 GIS Specialist 4456 $4,486 4496 $5,475 4516 $6,050 GIS Supervisor# 3535 $6,652 3575 $8,119 3595 $8,971 GIS Technician 4436 $4,059 4476 $4,955 4496 $5,475 Human Resources Clerk 4389 $3,212 4429 $3,921 4449 $4,331 Human Resources Manager* 2583 $8,450 2623 $10,314 2643 $11,397 Human Resources Technician 4399 $3,375 4439 $4,120 4459 $4,554 Information Technology Analyst I# 3505 $5,727 3545 $6,992 3565 $7,724 Information Technology Analyst II# 3520 $6,173 3560 $7,533 3580 $8,323 Information Technology Specialist I 4456 $4,486 4496 $5,475 4516 $6,050 Information Technology Specialist II 4471 $4,834 4511 $5,901 4531 $6,520 Information Technology Technician 4411 $3,583 4451 $4,374 4471 $4,834 Librarian I# 3435 $4,040 3475 $4,932 3495 $5,449 Librarian II#3457 $4,508 3497 $5,503 3517 $6,081 Library Assistant I# 3373 $2,964 3413 $3,619 3433 $3,999 Library Assistant II# 3414 $3,638 3454 $4,441 3474 $4,907 Library Clerk 4356 $2,724 4396 $3,325 4416 $3,674 Library Page 4244 $1,558 4284 $1,902 4304 $2,101 Library Page II 4293 $1,990 4333 $2,429 4353 $2,683 Library Services Manager* 2506 $5,757 2546 $7,027 2566 $7,763 Library Technician 4393 $3,275 4433 $3,999 4453 $4,419 Maintenance Supervisor#2 3488 $5,261 3528 $6,423 3548 $7,097 Management Aide 4440 $4,142 4480 $5,055 4500 $5,586 Management Analyst I# 3470 $4,810 3510 $5,872 3530 $6,488 Management Analyst II# 3498 $5,530 3538 $6,753 3558 $7,459 Management Analyst III# 3515 $6,020 3555 $7,348 3575 $8,119 Office Services Clerk 4369 $2,907 4409 $3,548 4429 $3,921 Attachment 2 Rancho Cucamonga City Employee Association January 1, 2019 Page 219 Minimum Control Point Maximum Monthly Pay Ranges Effective January 1, 2019 Resolution No. 18-XXX MID MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES RCCEA COVERED EMPLOYEES IN THE Park/Landscape Maintenance Supt*2 2536 $6,685 2576 $8,160 2596 $9,016 Patron & Events Supervisor# 3480 $5,055 3520 $6,173 3540 $6,820 Payroll Supervisor# 3470 $4,810 3510 $5,872 3530 $6,488 Plan Check & Inspection Manager* 2533 $6,586 2573 $8,038 2595 $8,971 Planning Specialist 4443 $4,203 4483 $5,132 4503 $5,670 Planning Technician 4423 $3,805 4463 $4,644 4483 $5,132 Plans Examiner I 4474 $4,907 4514 $5,990 4534 $6,619 Plans Examiner II# 3488 $5,261 3528 $6,423 3548 $7,097 Principal Accountant* 2532 $6,553 2572 $7,998 2592 $8,837 Principal Engineer* 2567 $7,802 2607 $9,523 2627 $10,522 Principal Librarian* 2495 $5,449 2535 $6,652 2555 $7,348 Principal Management Analyst* 2543 $6,923 2583 $8,450 2603 $9,336 Principal Planner* 2537 $6,719 2577 $8,201 2597 $9,060 Procurement & Contracts Analyst# 3433 $3,999 3473 $4,882 3493 $5,395 Procurement Clerk 4374 $2,980 4414 $3,638 4434 $4,020 Procurement Manager* 2530 $6,488 2570 $7,920 2590 $8,750 Procurement Technician 4411 $3,583 4451 $4,374 4471 $4,834 Public Services Technician I 4413 $3,619 4453 $4,419 4473 $4,882 Public Services Technician II 4423 $3,805 4463 $4,644 4483 $5,132 Public Services Technician III 4443 $4,203 4483 $5,132 4503 $5,670 Public Works Inspector I 2 4444 $4,224 4484 $5,157 4504 $5,698 Public Works Inspector II 2 4464 $4,668 4504 $5,698 4524 $6,296 Public Works Maintenance Manager* 2566 $7,763 2606 $9,476 2626 $10,470 Public Works Safety Coordinator #2 3468 $4,763 3508 $5,814 3528 $6,423 Records Clerk 4358 $2,751 4398 $3,359 4418 $3,711 Records Coordinator 4386 $3,163 4426 $3,863 4446 $4,267 Risk Analyst# 3433 $3,999 3473 $4,882 3493 $5,395 Risk Management Coordinator# 3470 $4,810 3510 $5,872 3530 $6,488 Senior Account Clerk 4395 $3,309 4435 $4,040 4455 $4,463 Senior Account Technician 4446 $4,267 4486 $5,210 4506 $5,757 Senior Accountant# 3498 $5,530 3538 $6,753 3558 $7,459 Senior Animal Services Officer# 3461 $4,599 3501 $5,615 3521 $6,203 Senior Building Inspector#2 3484 $5,157 3524 $6,296 3544 $6,957 Senior Civil Engineer* 2547 $7,062 2587 $8,620 2607 $9,523 Attachment 2 Rancho Cucamonga City Employee Association January 1, 2019 Page 220 Minimum Control Point Maximum Monthly Pay Ranges Effective January 1, 2019 Resolution No. 18-XXX MID MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES RCCEA COVERED EMPLOYEES IN THE Senior Community Improvement Officer# 3461 $4,599 3501 $5,615 3521 $6,203 Senior Electrician # 3485 $5,184 3525 $6,327 3545 $6,992 Senior Executive Assistant* 2460 $4,576 2500 $5,586 2520 $6,173 Senior GIS Analyst # 3520 $6,173 3560 $7,533 3580 $8,323 Senior Information Technology Analyst# 3535 $6,652 3575 $8,119 3595 $8,971 Senior Information Technology Specialist 4493 $5,395 4533 $6,586 4553 $7,276 Senior Librarian# 3468 $4,763 3508 $5,814 3528 $6,423 Senior Park Planner# 3500 $5,586 3540 $6,820 3560 $7,533 Senior Planner* 2517 $6,081 2557 $7,422 2577 $8,201 Senior Plans Examiner# 3503 $5,670 3543 $6,923 3563 $7,648 Senior Procurement Technician# 3463 $4,644 3503 $5,670 3523 $6,265 Senior Risk Management Analyst# 3515 $6,020 3555 $7,348 3575 $8,119 Senior Special Districts Technician 4443 $4,203 4483 $5,132 4503 $5,670 Senior Veterinary Technician# 3461 $4,599 3501 $5,615 3521 $6,203 Special Districts Analyst# 3498 $5,530 3538 $6,573 3558 $7,459 Special Districts Technician 4437 $4,081 4477 $4,907 4497 $5,503 Street/Storm Drain Maintenance Supt*2 2536 $6,685 2576 $8,160 2596 $9,016 Supervising Public Works Inspector#2 3494 $5,421 3534 $6,619 3554 $7,312 Theater Production Coordinator 4460 $4,576 4500 $5,586 4520 $6,173 Theater Production Supervisor# 3480 $5,055 3520 $6,173 3540 $6,820 Theatre Technician III 4423 $3,805 4463 $4,644 4483 $5,132 Traffic Engineer* 2569 $7,880 2609 $9,619 2629 $10,629 Utilities Division Manager* 2584 $8,492 2624 $10,367 2644 $11,455 Utility Operations Manager* 2524 $6,296 2564 $7,686 2584 $8,492 Veterinarian* 2579 $8,283 2619 $10,113 2639 $11,172 Veterinary Assistant 4407 $3,513 4447 $4,289 4467 $4,738 Veterinary Technician 4437 $4,081 4477 $4,981 4497 $5,503 2. Refer to MOU for provision of boot # Denotes Supervisory/Professional Class * Denotes Management Class 1. When acting as Clerk to Commissions $50 paid per night or weekend day meeting. Compensatory time off Attachment 2 Rancho Cucamonga City Employee Association January 1, 2019 Page 221 Minimum Control Point Maximum Class Title Step Amount Step Amount Step Amount Animal Services Director 1594 $8,666 1634 $10,579 1664 $12,287 Assistant City Manager 1672 $12,788 1712 $15,611 1742 $18,131 Building and Safety Services Director 1609 $9,339 1649 $11,402 1679 $13,242 City Clerk Services Director 1568 $7,612 1606 $9,200 1649 $11,402 City Manager 1756 $19,441 1796 $23,734 1826 $27,564 Community Services Director 1627 $10,216 1667 $12,473 1697 $14,485 Deputy City Manager/Administrative Services 1647 $11,288 1687 $13,781 1717 $16,005 Deputy City Manager/Civic & Cultural Services 1647 $11,288 1687 $13,781 1717 $16,005 Deputy City Manager/ Econ. & Comm. Dev. 1647 $11,288 1687 $13,781 1717 $16,005 Eng Svs Director/City Engineer 1628 $10,267 1668 $12,535 1698 $14,557 Finance Director 1629 $10,319 1669 $12,597 1699 $14,631 Human Resources Director 1621 $9,915 1661 $12,104 1691 $14,059 Innovation and Technology Director 1637 $10,740 1677 $13,110 1697 $14,485 Library Director 1611 $9,433 1651 $11,516 1681 $13,374 Planning Director 1621 $9,915 1661 $12,104 1691 $14,059 Public Works Services Director 1609 $9,339 1649 $11,402 1679 $13,242 Fire Chief*A $13,439 G $18,009 * Included for informational purposes only - This is a Fire District Management Employee Group position not a City position EXECUTIVE MANAGEMENT GROUP ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Monthly Pay Ranges effective January 1, 2019 Resolution No. 18- Attachment 3 Executive Management January 1, 2019 Page 222 Class Title Step Amount Step Amount Step Amount Electrician 5457 $4,377 5497 $5,343 5517 $5,904 Equipment Operator 5425 $3,731 5465 $4,555 5485 $5,003 Inventory Specialist Equipment/Mat 5389 $3,118 5429 $3,807 5449 $4,205 Lead Maintenance Worker 5429 $3,807 5469 $4,647 5489 $5,134 Lead Mechanic 5440 $4,021 5480 $4,908 5500 $5,423 Maintenance Coordinator 5452 $4,269 5492 $5,211 5512 $5,758 Maintenance Worker 5391 $3,149 5431 $3,844 5451 $4,247 Mechanic 5430 $3,825 5470 $4,670 5490 $5,160 Senior Maintenance Worker 5401 $3,310 5441 $4,041 5461 $4,465 Signal & Lighting Coordinator 5479 $4,884 5519 $5,963 5539 $6,588 Signal & Lighting Technician 5452 $4,269 5492 $5,211 5512 $5,758 Minimum Control Point Maximum Monthly Pay Ranges Effective January 1, 2019 Resolution No. 18- PUBLIC WORKS MAINTENANCE EMPLOYEES ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Represented By THE TEAMSTERS LOCAL 1932 Attachment 4 Teamsters Local 1932 January 1, 2019 Page 223 Hourly Pay Ranges Effective January 1, 2019 Part Time Positions Step Amount Step Amount Step 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 6295 $12.00 6306 $12.00 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 Engineer 6488 $28.88 6528 $35.25 6538 $37.05 Assistant Planner 6468 $26.13 6508 $31.90 6518 $33.54 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 6315 $12.18 6330 $13.13 6340 $13.81 Box Office Specialist 6311 $12.00 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 I 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 Energy Efficiency Coordinator 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 6295 $12.00 6320 $12.48 6330 $13.13 Equipment Operator 6425 $21.09 6465 $25.75 6475 $27.06 GIS Intern 6320 $12.48 6360 $15.24 6370 $16.03 GIS Programmer/Analyst 6456 $24.61 6496 $30.05 6506 $31.58 GIS Technician 6436 $22.28 6476 $27.20 6486 $28.59 Healthy Cities Coordinator 6372 $16.19 6412 $19.77 6422 $20.78 Human Resources Clerk 6389 $17.62 6429 $21.51 6439 $22.61 Resolution No. 18- Minimum Control Point Maximum PART-TIME CITY POSITIONS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Attachment 5 City Part-Time Hourly Pay Ranges January 1, 2019 Page 224 Hourly Pay Ranges Effective January 1, 2019 Part Time Positions Step Amount Step Amount Step Amount Resolution No. 18- Minimum Control Point Maximum PART-TIME CITY POSITIONS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Human Resources Technician 6399 $18.52 6439 $22.61 6449 $23.77 Lead Mechanic 6440 $22.73 6480 $27.75 6490 $29.16 Librarian I 6433 $21.95 6473 $26.79 6483 $28.16 Library Aide 6295 $12.00 6295 $12.00 6295 $12.00 Library Assistant I 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 Library Page 6295 $12.00 6295 $12.00 6295 $12.00 Library Page II 6295 $12.00 6320 $12.48 6330 $13.13 Library Technician 6393 $17.98 6433 $21.95 6443 $23.07 Maintenance Technician 6295 $12.00 6320 $12.48 6330 $13.13 Management Aide 6440 $22.73 6480 $27.75 6490 $29.16 Management Analyst I 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 I 6332 $13.25 6372 $16.19 6382 $17.02 Office Specialist II 6352 $14.65 6392 $17.89 6402 $18.80 Outreach Technician 6311 $12.00 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 I 6474 $26.92 6514 $32.87 6534 $36.32 Playschool Instructor 6325 $12.81 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 $12.00 6351 $14.58 6361 $15.33 Public Services Technician I 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 I 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 $17.89 Records Clerk 6344 $14.08 6384 $17.19 6394 $18.08 Records Coordinator 6372 $16.19 6412 $19.77 6422 $20.78 Recreation Assistant 6295 $12.00 6306 $12.00 6316 $12.26 Recreation Attendant 6295 $12.00 6295 $12.00 6295 $12.00 Recreation Leader 6315 $12.18 6330 $13.13 6340 $13.81 Secretary 6394 $18.07 6434 $22.06 6444 $23.18 Attachment 5 City Part-Time Hourly Pay Ranges January 1, 2019 Page 225 Hourly Pay Ranges Effective January 1, 2019 Part Time Positions Step Amount Step Amount Step Amount Resolution No. 18- Minimum Control Point Maximum PART-TIME CITY POSITIONS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Senior Accountant 6498 $30.35 6538 $37.05 6548 $38.95 Senior Civil Engineer 6543 $37.99 6583 $46.37 6593 $48.75 Signal and Lighting Technician 6452 $24.12 6492 $29.46 6502 $30.96 Sports Official 6325 $12.81 6351 $14.58 6361 $15.33 Theatre Technician I 6325 $12.81 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 Veterinary Technician 6437 $22.40 6477 $27.33 6487 $28.73 Attachment 5 City Part-Time Hourly Pay Ranges January 1, 2019 Page 226 D AT E : December 5, 2018 T O:Mayor and Members of the City Council F RO M :J ohn R . Gillison, C ity Manager INIT IAT E D B Y:J ason C . Welday, D irector of E ngineering Services/C ity Engineer L inda Ceballos, E nvironmental Programs Manager S UB J E C T:S E C O ND RE AD ING AND AD O P T I O N O F O RD INANC E NO. 941 AM E ND I NG C HAP T E R 8.17 AND 8.19 O F T HE RANC HO C UC AM O NG A M UNI C IPAL C O D E T O INC O RP O RAT E RE Q UIRE M E NT S RE L AT E D T O RE F US E, RE C Y C L AB L E S, O RG ANIC S AND C O NS T RUC T I O N AND D E M O L I T I O N WAS T E C O L L E C T I O N. RE COMMENDAT ION: Staf f recommends that the City C ouncil conduct second reading and adopt Ordinance 941 amending C hapters 8.17 and 8.19 of the R ancho C ucamonga Municipal Code establishing requirements related to ref use, recyclables, organics, and construction and demolition waste collection. BACKGROUND: T he introduction and first reading of the above-entitled O rdinance was approved at a regular City Council Meeting on November 21, 2018. Votes at the first reading: Ayes: Michael, A lexander, Kennedy, S pagnolo, W illiams. ANALY S IS: Please refer to the November 21, 2018, C ity C ouncil Meeting staf f report. FISCAL IMPACT: Please refer to the November 21, 2018, City Council Meeting staff report. COUNCIL GOAL(S) ADDRE S S E D: Please refer to the November 21, 2018, C ity C ouncil Meeting staf f report. AT TAC HM E NT S : D escription Attachment 1 - Ordinance No. 941 Page 227 ATTACHMENT 1 ORDINANCE NO. 941 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING CHAPTER 8.17 (REFUSE, RECYCLABLES AND ORGANICS COLLECTION) AND CHAPTER 8.19 (CONSTRUCTION AND DEMOLITION WASTE COLLECTION) OF TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES ORDAIN AS FOLLOWS: Section 1. Chapter 8.17 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: “CHAPTER 8.17. – REFUSE, RECYCLABLES, AND ORGANICS COLLECTION Sec. 8.17.020. - Definitions. For the purpose of this chapter, the following words and phrases are defined and shall be construed as hereinafter set out, unless it is apparent from the context that a different meaning was intended: Animal waste means manure or any form of solid excrement produced by any and all forms of domestic animals or commercial livestock. Authorized Collector means a solid waste enterprise operating under the provisions of a Collection Agreement approved by the City Council. Bin means a metal container with hinged lids and wheels with a capacity of less than ten (10) cubic yards. Bulky item means any large item that would not typically be accommodated within a cart, including, but not limited to, appliances and furniture. Bulky items do not include car bodies, car parts, Construction and Demolition Debris or items requiring more than two persons to move. Cart means a plastic container with a hinged lid and wheels serviced by an automated or semi-automated truck with a capacity of no less than thirty-two (32) and no greater than one hundred and one (101) gallons. City means the City of Rancho Cucamonga. City Clerk means the city clerk of the City, or his or her designee. City Manager means the city manager of the City, or his or her designee. City Council means the City Council of the City. Collection Agreement means an agreement approved by the City Council pursuant to Section 8.17.040 of this Chapter, authorizing a solid waste enterprise to provide solid waste and recyclables collection services within all or any part of the territory of the City. Page 228 Ordinance 94111231-0001\2132528v10.doc – Page 2 of 21 Commercial premises means, for the purposes of this chapter, all commercial and industrial sites, including, but not restricted to, retail and wholesale stores, factories, service shops, hospitals, convalescent homes, hotels, motels, restaurants, and office complexes, however, not including residential premises. Construction and demolition waste shall have the meaning ascribed in Section 8.19.020. Container means any and all types of solid waste containers, including cans/barrels, carts, bins and roll-off boxes. E-waste means any electronic product nearing or at the end of its useful life, including, but not limited to, computers and their components, televisions, VCRs, stereos, copiers and fax machines. ESD Director means the Engineering Services Department Director, or his or her designee. Engineering Services Department or ESD means the Engineering Services Department of the City. Food waste means all kitchen and table scraps; animal and vegetable waste that is generated during or results from the storage, preparation, cooking or handling of food stuffs; discarded paper that is contaminated with food waste; fruit waste, grain waste, dairy waste, meat and fish waste. Green waste means tree and shrubbery trimmings, vegetation matter resulting from land clearing, grass cuttings, weeds, straw, leaves, wood chips, sawdust, garden organic materials and other discarded plant or vegetation material. Hazardous waste means a waste, or combination of waste which, because of its quantity, concentration, or physical, chemical or infectious characteristics, may do either of the following: A. Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or B. Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of, or otherwise managed. The term “hazardous waste” includes, but is not limited to, universal waste and medical waste. Occupants means and includes every owner of, and every tenant or person who is in possession of, is the inhabitant of, or has the care and control of, an inhabited residence or commercial premises. Organic Materials or Organics mean food waste and green waste, collectively or individually. Person means any individual, firm, corporation, association, or group or combination acting as a unit. Page 229 Ordinance 94111231-0001\2132528v10.doc – Page 3 of 21 Recycling means the process of collecting, sorting, cleansing, treating, and reconstituting solid waste that would otherwise be subject to disposal in a landfill, and returning it to the economic mainstream in the form of raw materials for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. Recyclables or Recyclable Materials mean solid waste that is source separated, has some potential economic value, and is set aside, handled, packaged, or offered for collection in a manner different from refuse in order to allow it to be processed for recycling. The term “recyclables” does not include refuse or hazardous waste. Refuse means and includes any and all putrescible and non-putrescible solid and semisolid waste, including, but not limited to, garbage, solid waste matter, trash, ashes, industrial wastes, animal wastes, vegetable solid and semisolid wastes and combustible and noncombustible wastes. The term “refuse” does not include source separated recyclable materials, source separated organic materials, construction and demolition debris, bulky items, hazardous or household hazardous waste, E-waste, universal waste, medical waste, sharps, low level radioactive waste, or green waste. Residential premises means each place used for residential purposes, including, but not restricted to: single-family dwellings, multi-family dwellings, apartments, condominiums, townhouses, mobile home parks, and trailer courts, whether or not utilizing dumpster-type bins, however, not including hospitals, convalescent homes, hotels and motels. Roll-off Box means solid waste collection containers of ten (10) yards or larger. Scavenging means the unauthorized collection, removal, or possession of solid waste intended for collection by the City, authorized collector or authorized recycling agent. Sharps includes, but is not limited to, home-generated hypodermic needles, pen needles, syringes, intravenous needles and lancets. Solid Waste means all discarded putrescible and non-putrescible solid and semisolid wastes including refuse, recyclable materials, organic materials, construction and demolition debris, bulky items, and any combination thereof which are permitted for disposal of in a Class III landfill, and which are included in the definition of the non-hazardous solid waste set forth in the California Code of Regulations. Solid Waste, Recyclables, and Organics Collection Services shall mean the collection, storage, or transfer of solid waste. Solid Waste Collector means any solid waste enterprise engaged in the collection, transportation and/or disposal of refuse, recyclables and/or organic waste in the City. Solid Waste Enterprise shall mean any individual, partnership, joint venture, unincorporated private organization, or private corporation which is regularly engaged in the business of providing solid waste, recyclables, and organics collection services. Streets means the public streets, ways and alleys, except state freeways, as the same now or may hereafter exist within the City. Page 230 Ordinance 94111231-0001\2132528v10.doc – Page 4 of 21 Truck means any truck, trailer, semitrailer, conveyance or vehicle used or intended to be used for the purpose of collecting refuse, recyclables or organics, or to haul or transport refuse, recyclables or organics. Universal Waste means discarded consumer products containing mercury, lead, cadmium and other substances that are hazardous to human health and the environment, including, but not limited to, batteries and fluorescent tubes. Sec. 8.17.030. - Authorization of collection agreement by City Council. The City Council may authorize, by contract, one or more solid waste enterprises to provide solid waste and recyclables collection services for residential and commercial/industrial users or customers, including but not limited to the collection of construction and demolition waste. In the sole discretion of the City Council, the solid waste, recyclables, and organics collection services may be authorized on an exclusive or non-exclusive basis, and with or without competitive bidding, and may relate to any class or type of solid waste within all or any part of the territory of the City. No person or business shall collect or dispose of solid waste in the City unless that person has entered into a collection agreement with the City, except as otherwise specifically provided in this chapter or franchise agreement, and irrespective of any permit issued by any other governmental agency authorizing collection of solid waste, recyclables, or organics. Any such collection agreement shall be in addition to any business license or permit otherwise required by this Code. Authorized collectors operating in the City on the effective date of this chapter under a non-exclusive collection agreement may continue to operate only until the rights thereunder are terminated or revoked, or until such rights expire pursuant to the provisions of Section 49520 of the Public Resources Code. Sec. 8.17.040. - Collection agreements; permits and licenses. A. The terms and provisions of any collection agreement for solid waste and recyclables collection services may relate to or include, without limitation such requirements, conditions, policies and procedures as may be mutually agreed upon by the parties to the collection agreement and which will, in the judgment and discretion of the City Council, best serve the public interest and protect the public health, safety and welfare. B. Each authorized collector with a collection agreement shall pay a collector fee in an amount set forth in the collection agreement. C. In the event of any conflict between the provisions of a collection agreement which is authorized and approved by the City Council and the provisions of this chapter, the provisions of the collection agreement shall control. D. Every authorized collector shall obtain and maintain at all times during the authorized collector’s operations a business license issued by the City, and all applicable permits and licenses required by any public agency having jurisdiction. Sec. 8.17.050. - Unlawful collection; Exemptions. Page 231 Ordinance 94111231-0001\2132528v10.doc – Page 5 of 21 It is unlawful for any person to collect or transport solid waste (as defined in section 8.17.020) within the City unless such person is an authorized collector, as defined in this chapter, or is exempted as outlined in subsections A through E below. It is unlawful for any person to permit, allow or enter into any agreement whatsoever for the collection or transportation of solid waste from any residential premises, commercial premises, or construction or demolition project with any person who is not an authorized collector as herein defined except as permitted in subsections A through E below. Medical waste (as defined in the Medical Waste Management Act, Health and Safety Code Section 117600 et seq., as amended from time to time, or any successor provision or provisions thereto) shall not be collected by an authorized collector. Anyone producing or possessing medical wastes shall store, handle and dispose of such materials only in the manner approved by the county health officer or designated deputy, and in accordance with the Health and Safety Code. The collection or transport of the following are exempt from the obligation to utilize an authorized collector: A. The collection and removal of recyclables for donation or sale by the owner or occupant of a residential or commercial premises that are separated either for reuse, for processing at recycling facilities, or for manufacture of new products. No cost or fees of any sort, including those for hauling, processing, sorting, or use of containers may be charged by the recycler, non-profit, or agency collecting the recyclables. B. The occasional removal and disposal of solid waste from a residential or commercial premises by the occupant or owner thereof. C. Nothing in this chapter shall prevent any occupant from regularly collecting and disposing of solid waste generated in or on the occupant’s premises, as an alternative to receiving, and paying for solid waste collection services from an authorized collector; provided, however, that such occupant shall comply with all other provisions of this chapter applicable to occupants. No occupant shall employ or engage any solid waste enterprise, other than an authorized collector, to haul or transport refuse from the occupant’s premises. Any occupant desiring to collect and dispose of solid waste generated in or on his or her premises (“self-haul”), must first obtain a self-haul permit from the City, renewed annually, and pay the annual self-haul permit fee in an amount established by resolution of the City Council. Each occupant issued a self-haul permit must dispose of the solid waste at the occupant’s expense, at a landfill, transfer station or processing facility meeting all applicable regulatory requirements. Each occupant issued a self-haul permit shall, every six months, file with the City Manager a report detailing the quantity and nature of all solid waste removed from the occupant’s premises. The report shall be delivered to the City Manager on or before January 1 and July 1 of each year for the immediately preceding six-month period. The report shall identify the waste disposal or processing facility utilized by the occupant and shall include copies of all receipts evidencing disposal or delivery issued by such disposal or processing facility during the six-month period. A failure to file any required report is a violation of this chapter, punishable as an infraction or by administrative penalty as provided in this Code. Page 232 Ordinance 94111231-0001\2132528v10.doc – Page 6 of 21 D. The self-hauling of construction and demolition debris from a job site by a contractor, with an approved construction and demolition self-haul permit, subject to the provisions of section 8.19.090. E. The collection and removal of green waste by individual residents, property owners and businesses, including, but not limited to, professional landscapers, weed abatement contractors or arborists, when the collection is directly related to their work. Sec. 8.17.060. - Scavenging prohibited. A. It shall be unlawful for any person other than an authorized collector to remove or otherwise handle any solid waste contained in any solid waste container that has been placed curbside or elsewhere, for collection by an authorized collector, without the prior written consent of the authorized collector, or the property owner, tenant or agent thereof having exclusive use of such container. B. Any person violating any provision of this section shall be guilty of an infraction. In addition, the violation of any of the provisions of this section shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances. Sec. 8.17.070. - Collection in emergencies. In emergencies, such as the breakdown of equipment, or other unforeseen or unpreventable circumstances, where, in the judgment of the City Manager, the particular situation justifies such action, the City Manager may issue limited or temporary permits to private persons or corporations to perform any of the services regulated by this chapter, subject to such reasonable fees, charges and conditions as the circumstances may warrant and as the parties involved may agree upon; provided that such fees and charges received from or paid to any private persons or corporations under this section for any period exceeding 15 days’ duration shall be approved by the City Council. Sec. 8.17.080. - Hours of collection. A. Authorized collectors shall not collect solid waste within a residential area between the hours of 6:00 p.m. and 7:00 a.m. the following day. B. Authorized collectors shall not collect solid waste from a commercial premises in close proximity to a residential area between the hours of 6:00 p.m. and 7:00 a.m. the following day or in a manner which reasonably would cause a noise disturbance to a residential area. All other solid waste collections may take place at any time, unless limited by the City Manager. Sec. 8.17.090. - Refuse, recyclables and organics containers. A. It shall be the duty of every owner, tenant, lessee or occupant of a residential premises to deposit refuse, recyclables and organics in the containers designated for refuse, recyclables and organics collection provided by the authorized collector. All refuse, recyclables and organics accumulated between collection days shall be Page 233 Ordinance 94111231-0001\2132528v10.doc – Page 7 of 21 contained and stored within watertight metal or heavy gauge plastic containers approved by the City, with a tight-fitting, closed lid to prevent leakage prior to collections. Each owner, tenant, lessee or occupant shall keep the exterior of all designated containers, including lids, clean from accumulated grease or decomposing materials and shall keep the storage area for all designated containers clean and clear of loose materials or bulky items. B. All containers shall be stored out of public view, except on collection day or when placed out for collection pursuant to section 8.17.100. C. Containers shall be kept in enclosures as approved by the City. Sec. 8.17.100. - Placement of Containers for Collection. A. It shall be the duty of every owner, tenant, lessee or occupant of a residential premises to set out or place containers for the collection of solid waste, recyclables and organics, as follows: Any container for the purpose of collection and removal of solid waste, recyclables and organics from residential premises shall be placed at the curb in front of the premises occupied by the person depositing the same, there to be collected by the authorized collector, provided that the authorized collector may designate some other location for the placement of containers when such placement will expedite collection. Containers must be placed at least three feet from any obstruction, including but not limited to street lights, mail boxes, and parked vehicles. B. Containers shall be placed no further than ten feet from the curb line of a public street, or, if there is no such curb, no further than ten feet from the paved portion of the public street; in the event the container is to be collected from a public alley, the container shall be placed within ten feet of the edge of the right-of-way of the alley. C. In no case shall any container be placed within the public right-of-way or any place that would create a hazardous situation as deemed by the City Manager. D. Property owners must obtain a right-of-way permit from the Engineering Services Department prior to placing containers for temporary service for the purpose of collecting solid waste, recyclables, organics and/or construction or demolition debris in the public right-of-way. Sec. 8.17.110. - Time and date of placement of containers. A. No person shall place, or cause to be placed, any solid waste, recyclables or organics, or any container or container for solid waste, recyclables and organics, in any public highway or in any place or in any manner other than hereinabove provided, or at any time other than the days established by the City for the collection of such solid waste on the particular route involved, any earlier than sunset of the day preceding the day designated for collection; and all containers shall be removed from the place of collection prior to 8:00 p.m. of the day the containers have been emptied. At all other times, containers for solid waste, recyclables and organics shall be stored out of public view in accordance with section 8.17.090.B. Page 234 Ordinance 94111231-0001\2132528v10.doc – Page 8 of 21 B. Each owner, occupant, tenant or lessee of a residential premises shall maintain the same in a sanitary condition. If the container should not be emptied and the contents removed on the date and time scheduled by the authorized collector, they should immediately notify the authorized collector or the City; and it shall be the duty of the authorized collector to forthwith arrange for the collection and disposal of the refuse. C. Solid waste and bulky items which exceed the limitations hereinabove set out may, in the discretion of the authorized collector, be scheduled for special collection upon the application of the occupant of the premises. Special collection charges may be assessed by the authorized collector for this service with prior approval of abovementioned occupant of the premises. D. No person, other than the owner thereof, the owner’s agents or employees or an officer or employee of the City or an authorized collector’s agents or employees authorized for such purposes, shall tamper or meddle with any solid waste, recycling, or organics container or the contents thereof, or remove the contents of any container, or remove any container from the location where the same shall have been placed by the owner thereof or owner’s agent. E. Subject to the authorizations and exceptions under section 8.17.050, it shall be unlawful for any person to place or leave standing a container not provided by an authorized collector on any public or private property within the City for the purpose of collection and disposal of solid waste. Collection containers unlawfully placed within the City are considered a public nuisance and shall be subject to removal pursuant to the process identified below and enforcement as stipulated in section 1.12.030. F. The City Manager may cause the posting of a notice to remove, as described below, in a conspicuous place on any collection containers placed on any public or private property within the City in violation of this section. A notice to remove posted pursuant to the provisions of this section shall specify the nature of the violation and shall state that the collection containers must be removed within 24 hours or they may be removed and stored by the City, and the contents disposed of, at the expense of the solid waste container’s owner thereof. The posting of a notice to remove shall constitute constructive notice to the owner and user of the requirement to remove the collection container. G. If the collection containers are not removed within 24 hours after the notice to remove is posted, the City Manager may direct the removal and storage of the collection containers and the disposal of their contents. The owner of the collection container shall be liable to reimburse the City for the actual costs of removal and storage of the collection container, for disposal of its contents, for the cost of posting the notice, and for any administrative fees that would be owed to the City. All amounts due to the City must be paid before the collection container may be returned to the owner. Such amounts shall constitute a civil debt owed by the owner of the collection container to the City, and the owner shall be liable for any legal costs and fees resulting from any action brought by the City for the recovery of such amounts. Failure to respond to the notice to remove is a misdemeanor and punishable by fine and/or imprisonment as identified in section 1.12.010. Page 235 Ordinance 94111231-0001\2132528v10.doc – Page 9 of 21 H. After the City has removed a collection container, the City Manager shall promptly cause notice to be mailed to the owner to claim the stored property. If the collection container is not claimed and all due fees and costs paid within 15 days after notification is mailed to the owner, the collection container and its contents shall be deemed abandoned property and may be disposed of accordingly. If the contents of the collection container include the presence of biodegradable wastes, hazardous constituents, or other environmental or sanitary threats, the City Manager may order the immediate appropriate disposition of the contents so as to protect the public’s health and safety, and the container’s owner shall be liable for the costs and fees of disposal. If the owner of the unlawfully placed container is unknown and no party responds to the notice to remove, the City Manager shall deem the container and its contents as abandoned property and dispose of it accordingly. I. After a collection container has once been removed by the City pursuant to a notice to remove, the owner thereof shall be deemed to have actual notice of the provisions of this section, including the prohibition of placement of collection containers by any person other than those authorized or exempted under this section. In the event of a subsequent placement of a collection container owned by the same owner, the City Manager may immediately, without the posting of the notice of removal, direct the removal and storage of the unlawfully placed collection container and shall, in such case, give notice to the owner to claim the collection container. Sec. 8.17.120. - Refuse removal. All refuse created, produced or accumulated in or about a residential premises or commercial premises in the City shall be removed from the premises at least once each week. It is unlawful and a misdemeanor for the occupant of any of the above-described premises to fail or neglect to provide for the removal of refuse at least as often as prescribed in this section. Each day’s violation of this section shall be treated and considered as a separate and distinct offense. The City Manager may require a greater number of collections per week upon finding that an unhealthy, unsightly, or public nuisance condition is created. In such an event, the customer shall be required to pay for the additional service at the current fee schedule. Sec. 8.17.130. - Special provisions regarding method of disposal. A. The removal of wearing apparel, bedding or other refuse from residential premises, as defined in section 8.17.020, or other places where highly infectious or contagious diseases have been present, shall be performed under the supervision and direction of the county health officer and such refuse shall neither be placed in containers nor left for regular collection and disposal. B. Highly flammable or explosive or radioactive refuse shall not be placed in containers for regular collection and disposal, but shall be removed under the supervision of the City and/or the fire district at the expense of the owner or possessor of the material. C. Refuse and recyclables containing water or other liquids shall be drained before being placed in a container. Page 236 Ordinance 94111231-0001\2132528v10.doc – Page 10 of 21 D. No hazardous waste, universal waste, medical waste, sharps, battery acid, poisonous, caustic or toxic material or any other substance capable of damaging clothing or causing injury to a person shall be mixed or placed with any refuse, recyclables or organics which is to be collected, removed or disposed of by an authorized collector. Such items shall be removed at the occupant’s expense only after arrangements have been made with the authorized collector or City for such removal. Sec. 8.17.140. - Burning, burial or dumping. No person shall burn, bury or dump refuse, recyclables or organics within the City at any time, unless a special permit for such burning, burial or dumping has been issued pursuant to authority conferred by the City Council, and/or the fire district. Sec. 8.17.150. - Contamination of organics and recycling. A. No person shall place in any container identified for recyclables or organic materials any material that would inhibit its recyclability or compostability. The containers designated for recyclables or organics shall be used only for recyclables or organics and no other material. B. If, upon inspection by the authorized collector or City staff, it is determined that the recycling or organics collection container is contaminated, it shall be red-tagged with a warning notice; and the container shall not be collected. If the customer wishes to have a return collection prior to the next scheduled collection day, the customer shall be charged the special collection fee established in the current rate schedule. After the first warning, customers will be charged a contamination fee as established in the current rate schedule, and the container will not be serviced as recyclable; it will be subsequently serviced as trash. The contamination fee will be automatically assessed if hazardous or biohazardous materials are placed in any collection container. C. The City Manager has the authority to order the removal of a recycling or organics collection container if a customer continues to contaminate a recycling or organics collection container after receiving three contamination notices. Sec. 8.17.160. - Duration of storage. No person shall store or accumulate any refuse at any residential premises or commercial premises in any container or at any location other than as hereinabove set forth, or for a period of time in excess of seven days, provided that if a holiday occurs during that period, the period shall be extended one additional day. Sec. 8.17.170. - Mandatory payment for collection service; exceptions. A. Except as otherwise provided in this chapter, each occupant shall utilize the services of an authorized collector for the collection of solid waste from a residential or commercial premises of such occupant, and shall pay collection fees to the authorized collector as set by the authorized collector and authorized by resolution of the City Council. The obligation of each occupant to pay such solid waste collection fees shall be a civil debt due and owing to the authorized collector, Page 237 Ordinance 94111231-0001\2132528v10.doc – Page 11 of 21 from the occupant to whom the collection services are made available. Every person or property owner required to arrange for solid waste collection or the collection of recyclables or organics shall be liable for the fees and charges for such collection, whether or not collection services are utilized, except as otherwise provided in this chapter. A failure to make timely payment constitutes a violation of this chapter. All revisions in collection fees sought to be imposed by an authorized collector must be submitted to the City Council for review and must be approved by resolution of the City Council following a public hearing upon which no less than ten days’ prior written notice has been provided to the property owner. B. Lien authorized. 1. Pursuant to Government Code Sections 38790.1 and 25831, charges for solid waste collection services furnished on behalf of the City by an authorized collector that remain delinquent for a period of at least 60 days shall constitute a lien against the parcel of land for which the refuse collection services were provided. At least once each year, the City Council shall cause to be prepared a report of delinquent fees. The City Council shall fix a time, date, and place for hearing the report and any objections or protests to the report. The City Council shall cause notice of the hearing to be mailed to the property owners listed on the report, not less than ten days prior to the date of the hearing. At the hearing, the City Council shall hear any objections or protests of property owners liable to be assessed for delinquent fees. The City Council may make revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed. 2. The delinquent fees set forth in the report as confirmed shall constitute special assessments against the respective parcels of land and are a lien on the property for the amount of the delinquent fees. A certified copy of the confirmed report shall be filed with the county auditor for the amounts of the respective assessments against the respective parcels of land as they appear on the current assessment roll. The lien created attaches upon recordation of a certified copy of the resolution of confirmation in the office of the county recorder. The assessment may be collected at the same time and in the same manner as ordinary county ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for those taxes. 3. All laws applicable to the levy, collection, and enforcement of county ad valorem property taxes shall be applicable to the assessment, except that if any real property to which the lien would attach has been transferred, or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the lien that would otherwise be imposed by this section shall not attach to the real property and the delinquent fees, as confirmed, relating to the property shall be transferred to the unsecured roll for collection. Page 238 Ordinance 94111231-0001\2132528v10.doc – Page 12 of 21 C. The provisions of subsection A of this section shall not apply to any owner, tenant, or person having lawful possession of a residential or commercial unit, who provides evidence satisfactory to the City Manager that the residential or commercial unit has not been occupied by any person for 60 or more consecutive days, for the period of time the property is unoccupied. Sec. 8.17.180. - Hazardous wastes. No owner, tenant, lessee or occupant of a commercial or residential premises shall place any hazardous waste in any container serviced by the authorized collector. In the event that an owner, tenant, lessee or occupant of a commercial or residential premises places any hazardous waste in a container serviced by the authorized collector, the authorized collector will not be required to either collect the material in the container or separate out the material before processing the entire container. The authorized collector shall notify the property occupant in the event that it inadvertently removes a container that contains hazardous waste. The property occupant shall be held responsible for the costs associated with proper handling and disposal of the hazardous materials. The authorized collector shall notify customers, owners, tenants, lessees or occupants of any hazardous waste found in containers by placing a tag on the container. Pursuant to section 8.17.150, a contamination fee will be automatically assessed if hazardous or biohazardous materials are placed in any collection container. The authorized collector shall keep a daily log with the address of each customer, owner, tenant, lessee or occupant whose container was not serviced and will provide a copy of the log to the City on a monthly basis. Sec. 8.17.190. – Mandatory commercial recycling. A. The following businesses shall recycle and divert from the landfill recyclable materials generated by the business in accordance with this section: 1. A commercial business that generates four cubic yards or more of solid waste per week; 2. A multi-family dwelling of five units or more. B. Businesses subject to this section shall arrange for recycling services, consistent with state and local laws, rules, regulations and requirements, to the extent that these services are offered and reasonably available from a local service provider. A business subject to this section shall take at least one of the following actions: 1. Source separate recyclable materials from refuse and subscribe to a basic level of recycling service that includes collection, self-hauling, or other arrangements for the pickup of the recyclable materials with the City’s authorized collector. 2. Source separate recyclable materials from refuse and self-haul the recyclables to a certified recycling or material recovery facility for processing. 3. Source separate recyclable materials from refuse and arrange for pickup of the recyclable materials for donation or sale to a recycler or non-profit as defined in section 8.17.050. Page 239 Ordinance 94111231-0001\2132528v10.doc – Page 13 of 21 C. To comply with section 8.17.190.B, property owners or managers of multi-family dwellings may require tenants to source separate their recyclables from refuse. Tenants must source separate their recyclable materials as required by property owners or managers of multi-family dwellings subject to this section. D. A business meeting the conditions of section 8.17.190.A. may request an exemption from the requirements of section 8.17.190.B. by submitting an application on a form prescribed by the ESD Director. After reviewing the exemption request, the ESD Director shall either approve or disapprove the exemption request. To be eligible for an exemption from requirements of this section, the business must demonstrate that: 1. There are no recyclable materials being generated by any activities of the business; 2. There is inadequate storage space for the storage of recyclable materials; or 3. There is no viable market for the recycling materials or recycling facility available. Sec. 8.17.200. – Mandatory commercial organics recycling. A. The following businesses shall recycle and divert from the landfill organic materials generated by the business, in accordance with the following conditions: 1. On and after January 1, 2017, a business that generates four cubic yards or more of organic waste per week shall arrange for recycling services specifically for organic waste. 2. On and after January 1, 2019, a business that generates four cubic yards or more of commercial solid waste per week shall arrange for recycling services specifically for organic waste. B. A business meeting the conditions of section 8.17.200.A. shall take at least one of the following actions: 1. Source separate organic waste from other refuse and subscribe to a basic level of organic waste recycling service with the City’s authorized collector, for the pickup of organics; 2. Source separate organic waste from refuse and self-haul the organic waste to a certified recycling or material recovery facility for processing; or 3. Source separate organics from refuse and arrange for pickup of the organic waste for donation or sale for reuse or processing. C. A business meeting the conditions of Section 8.17.200.A. may request an exemption from the requirements of Section 8.17.200.B. by submitting an application on a form prescribed by the ESD Director. After reviewing the exemption request, the ESD Director or his/her designee shall either approve or Page 240 Ordinance 94111231-0001\2132528v10.doc – Page 14 of 21 disapprove the exemption request. To be eligible for an exemption from the requirements of Section 8.17.200.B, the business must demonstrate that: 1. There is less than one half of a cubic yard per week of organic waste being generated by any activities of the business; 2. There is inadequate storage space for the storage of organic waste; or 3. There is no viable market for the organic waste or organic waste recycling facility available. Section 2. Chapter 8.19 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: “CHAPTER 8.19. – CONSTRUCTION AND DEMOLITION WASTE COLLECTION Sec. 8.19.010. - Collection agreement required. No person shall collect or dispose of construction and demolition waste in the City unless that person has entered into a collection agreement with the City pursuant to Chapter 8.17, except as otherwise specifically provided in this chapter, and irrespective of any permit issued by any other governmental agency authorizing collection of solid waste or recyclables. Sec. 8.19.020. - Construction and demolition waste definitions. For purposes of this section, the following definitions apply: A. Applicant means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity who applies to the City for the applicable permits to undertake any construction, demolition, or renovation projects within the City. B. Authorized Collector shall have the meaning ascribed in section 8.17.020. C. Certified Recycling or Material Recovery Facility shall have the meaning ascribed in section 8.19.080. D. Construction means the building, rehabilitation, remodeling, renovation, repair or enlargement of any facility or structure, or any portion thereof, and includes additions, alterations, or tenant improvements to an existing facility or structure. E. Construction and demolition waste or C&D Waste means discarded or used materials removed from construction, remodeling, repair, demolition, or renovation operations on any pavement, house, commercial building, or other structure, or from landscaping. F. Construction and demolition diversion administrative fee or C&D administrative fee means the fee required to sufficiently compensate the City for all expenses incurred in administering the C&D Diversion Program requirements for covered construction and demolition projects. Page 241 Ordinance 94111231-0001\2132528v10.doc – Page 15 of 21 G. Construction and Demolition Diversion Deposit or C&D Diversion Deposit means the fee required as security for performance for covered construction and demolition projects to ensure the applicant complies with the requirements of this chapter. H. Contractor means any person or entity holding, or required to hold, a contractor’s license of any type under the laws of the state, or who performs (whether as contractor, subcontractor or owner-builder) any construction, demolition, remodeling, or landscaping service relating to buildings or accessory structures in the City. A person or company employed, whether for a fee or otherwise, to haul or remove recyclables and construction and demolition debris generated by a contractor is not a contractor for purposes of this chapter. I. Deconstruction means the careful dismantling of buildings and structures in order to salvage as much as possible. J. Demolition means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior. K. Divert, diverted, or diversion means to recycle, reuse or salvage, or a combination of recycling, reusing, and salvaging of C&D Waste to avoid disposal in a landfill. L. Diversion requirement means the percentage of total construction and demolition debris for each project diverted from landfills. M. ESD Director shall have the meaning ascribed in section 8.17.020. N. Engineering Services Department or ESD shall have the meaning ascribed in section 8.17.020. O. Project means any activity that requires an application for a building or demolition permit or any similar permit from the City. P. Recycling and reuse means the process of collecting, sorting, treating, and reconstituting C&D Waste for use as a raw material for new, reused, or reconstituted products which meet industry standards. Q. Renovation means any change, addition or modification to an existing structure. R. Salvage means the controlled removal of materials from a project for the purpose of reuse or storage for later reuse. S. Self-haul Construction and Demolition Waste Permit means the permit issued by the City to a contractor that meets the criteria in section 8.19.090. T. Waste Diversion Report means the report to be completed and submitted to the City by the applicant at project completion summarizing the actual tonnage of waste generated as a result of the project by material type and supported by actual weight tickets and receipts. Page 242 Ordinance 94111231-0001\2132528v10.doc – Page 16 of 21 U. Waste Management and Recycling Plan means the form prescribed by the City for completion by the applicant as portion of the building and/or demolition permit process. Sec. 8.19.030. - Construction and demolition diversion requirements. A. All construction and demolition projects are required to divert a minimum of 65 percent of the tonnage generated as a result of the project from the landfill. Separate calculations and reports will be required for the demolition and for the construction portion of projects involving both demolition and construction. B. Every structure planned for demolition shall be made available for deconstruction, salvage and recovery prior to demolition. It shall be the responsibility of the owner, the general contractor and all subcontractors to recover the maximum feasible amount of salvageable designated recyclable and reusable materials prior to demolition. Recovered and salvaged designated recyclable and reusable materials from the deconstruction phase shall qualify to be counted in meeting the diversion requirements of this chapter. Recovered or salvaged materials may be given or sold on the premises, or may be removed to reuse warehouse facilities for storage or sale. Sec. 8.19.040. – Waste management and recycling plan. A. Except as otherwise specified in this chapter, each person who applies for a building or demolition permit pursuant to chapter 17.010 shall complete a “Waste Management and Recycling Plan” document to be issued by the Engineering Services Department. Except as otherwise specified in this chapter, no building or demolition permit shall be issued unless the “Waste Management and Recycling Plan” has been submitted by the applicant and approved by the Engineering Services Department. Any changes to the approved plan must be brought to the attention of the Engineering Services Department for review and approval prior to commencing work. B. The ESD Director is authorized to create guidelines setting forth the information to be included in the “Waste Management Plan,” as well as the form thereof. At a minimum, the “Waste Management Plan” shall delineate all of the following: 1. The C&D Waste to be generated by the project. 2. The square footage of the proposed project. 3. The estimated weight of the C&D Waste to be generated by the project, listed by material types. 4. The estimated weight of the C&D Waste to be generated by the project to be diverted, listed by material types. 5. The certified recycling or material recovery facility or facilities to which C&D Waste will be taken, listed by material types. Page 243 Ordinance 94111231-0001\2132528v10.doc – Page 17 of 21 6. The estimated weight of the C&D Waste that will be landfilled. Sec. 8.19.050. - Construction and demolition waste diversion deposit requirements and exemptions. Except as otherwise specified in this chapter, each person who applies for a building or demolition permit pursuant to chapter 17.010 shall remit a diversion deposit in the amount set forth by resolution of the City Council. The diversion deposit shall be remitted at the same time the permit application is filed. Deposit amounts are based on square footage and shall be set by resolution of the City Council. The diversion deposit shall be returned, without interest, in accordance with Section 8.19.060. The deposit shall be forfeited entirely if there is a failure to comply with the requirements of this chapter. Except as otherwise specified in this chapter, each person who applies for a building or demolition permit pursuant to chapter 17.010 will remit an administrative fee sufficient to compensate the City for all expenses incurred in administering the C&D Diversion Program requirements for covered construction and demolition projects. The amount of this fee shall be determined in accordance with the current resolution of the City Council determining the same. Within 60 days following the completion of the demolition or construction project, the contractor (or permit applicant) shall, as a condition precedent to final inspection and to issuance of any certificate of occupancy, submit documentation to the Engineering Services Department, which proves compliance with the requirements of section 8.19.040. The documentation shall consist of a completed Waste Diversion Report with information of actual data of tonnage of materials recycled and diverted, supported by originals or certified photocopies of receipts and weight tickets or other records of measurement from recycling companies, deconstruction contractors and/or landfill and disposal companies. Receipts and weight tickets will be used to verify whether materials generated from the site have been or are to be recycled, reused, salvaged or otherwise disposed of. If a project involves both demolition and construction, the report and documentation for the demolition project must be submitted and approved by the Engineering Services Department before issuance of a building permit for the construction project. In the alternative, the applicant may submit a letter stating that no waste or recyclable materials were generated from project, in which case this statement shall be subject to verification by the Engineering Services Department. Any deposit posted pursuant to subsection E of this section shall be forfeited if the applicant does not meet the timely reporting requirements of this section. The following projects must meet the waste diversion requirements as described in this Chapter but shall not be required to submit a C&D diversion deposit: Residential single-family homes up to four units. Construction projects of less than $100,000 in value. Roofing projects that do not include tear-off of existing roof. Page 244 Ordinance 94111231-0001\2132528v10.doc – Page 18 of 21 The following projects are exempt from the waste diversion requirements and C&D diversion deposit as described in this Chapter: Work for which only a plumbing permit, an electrical permit or a mechanical permit is required. Sec. 8.19.060. – Authority to issue refunds of diversion deposits. A. The ESD Director may authorize the refund of any diversion deposit, which was erroneously paid or collected. B. The ESD Director may authorize the refund of any diversion deposit when the building permit application is withdrawn or cancelled before any work has begun. C. The ESD Director may authorize the refund of a diversion deposit when at least 65 percent of the waste generated by the project was diverted from landfill disposal. D. The ESD Director may authorize a partial refund of a diversion deposit when less than 65 percent by weight of the waste generated by the project was diverted from landfill disposal if the applicant demonstrates to the satisfaction of the ESD Director that (i) a proportion of the percentages of the tons of waste generated by the demolition and/or construction project was diverted from landfills and recycled or reused, and (ii) that a good faith effort has been made to achieve the required diversion percentages. The partial refund shall not exceed that proportion the diversion waste bears to 65 percent by weight of the total waste generated. E. The ESD Director shall not authorize the refund of any diversion deposit, or any portion thereof, unless the original building permit applicant files a written request for refund and provides documentation satisfactory to the ESD Director in support of the request. The ESD Director shall not authorize a refund of any diversion deposit, or portion thereof, if any of the required waste diversion documentation does not list the City of Rancho Cucamonga as the city of origin, and/or the required waste diversion documentation is not from the authorized collector or a facility identified in the Waste Management Plan. The ESD Director shall not authorize a refund of any diversion deposit, or portion thereof, if the applicant does not include a weight ticket document for all landfilled and recycled C&D Waste as a result of the project. Sec. 8.19.070. - Waste diversion methods. A. For the purpose of this chapter, the term “diverted” or “diversion” means a reduction of the amount of waste being disposed in landfills by any of the following methods: 1. Use of new construction methods, as described in regulations promulgated by the ESD Director, that reduce the amount of waste generated. 2. On-site reuse of waste. Page 245 Ordinance 94111231-0001\2132528v10.doc – Page 19 of 21 3. Delivery of the waste from the site to a certified recycling facility. 4. Other methods as approved in regulations promulgated by the ESD Director. B. All of the waste diversion methods which may qualify for a refund of a diversion deposit are subject to restrictions and documentation requirements set forth in regulations promulgated by the ESD Director. Sec. 8.19.080. - Recycling facility certification requirements. A. For the purpose of this chapter, “certified recycling or material recovery facility” means a recycling, composting, materials recovery or reuse facility that has been certified by the ESD Director as meeting all of the requirements in paragraph “B” of this Section. B. The ESD Director shall issue a certification only if the owner or operator of the facility submits documentation satisfactory to the ESD Director: 1. That the facility has obtained all applicable federal, state, and local permits, and is in full compliance with all applicable regulations; and 2. The percentage of incoming waste from construction, demolition, and alteration activities that is diverted from landfill disposal meets the required minimum percentage set forth in regulations promulgated by the ESD Director. Sec. 8.19.090. - Self hauling. A. For purposes of this section, “job site” means a location at which construction and demolition debris are generated by a contractor. B. Subject to subsection C, a contractor may self-haul construction and demolition debris, as defined in section 8.19.020, generated by the contractor at the job site. When acting as a general contractor the contractor may haul these same materials for any contractor acting as a subcontractor at the same job site. C. The right of a contractor to self-haul or haul hereunder is subject to the following conditions: 1. All contractors generating any of the recyclables or C&D Waste, as defined by section 8.19.020, to be self-hauled or hauled shall have a valid City business license; and 2. The contractor owns hauling equipment and the equipment is clearly marked with the identity of the contractor including, as a minimum threshold requirement, the company name, address, and phone number; and 3. The contractor must be performing construction and demolition work on the permitted job site; the contractor cannot serve solely as a hauler of debris from the job site; and Page 246 Ordinance 94111231-0001\2132528v10.doc – Page 20 of 21 4. The contractor must be named on the building permit; and 5. The contractor provides a copy of the vehicle registration; and 6. The contractor provides proof of insurance for the vehicle; and 7. The contractor’s equipment shall be operated by an employee of the contractor at all times during any self-haul to a disposal or processing facility in a manner consistent with all appropriate laws and regulations; and 8. The contractor performing the self-haul holds a current building and demolition permit which covers all recyclables or construction and demolition debris for which the contractor will be performing self-hauling, and the contractor complies with the construction and demolition provisions of the City; and 9. The contractor shall hold a construction and demolition self-haul permit and pay the applicable C&D self-haul permit fee as set by the City Council. The C&D self-haul permit and applicable fee are issued per project and are valid only for the duration of the specific project; and 10. The contractor performing the self-haul must comply with all requirements of this chapter 8.19, including submittal of a Waste Management and Recycling Plan and a diversion deposit. Sec. 8.19.100. - Enforcement. If an applicant who is subject to the requirements set forth in this chapter fails to comply with Sections 8.19.040 and/or 8.19.050 prior to commencement of work on a covered project, the project shall be subject to a “stop work” order issued by the City until the Waste Management Plan is submitted as required and has been approved by the ESD Director pursuant to Section 8.19.040. It is unlawful for any person to collect or transport solid waste (as defined in section 8.17.020) within the City unless such person is an authorized collector, as defined in section 8.17.020, or is exempted as outlined in section 8.17.050, subsections A through E. It is unlawful for any person to permit, allow or enter into any agreement whatsoever for the collection or transportation of solid waste from any residential premises, commercial premises, or construction or demolition project with any person who is not an authorized collector as herein defined except as permitted in 8.17.050, subsections A through E. Each violation of the provisions of this chapter shall constitute a public nuisance and be subject to abatement as such, pursuant to the provisions of chapter 8.20. The costs of abatement of any such nuisance shall be a lien upon the property involved. Sec. 8.19.110. - Diversion deposits. Diversion deposits shall be used only for: A. Payment of diversion deposit refunds; Page 247 Ordinance 94111231-0001\2132528v10.doc – Page 21 of 21 B. Costs of administration of the program established by this chapter; C. Cost of programs whose purpose is to divert from landfill disposal the waste from construction, demolition and alteration projects; and D. Costs of programs whose purpose is to develop or improve the infrastructure needed to divert from landfill disposal the waste from construction, demolition and alteration projects.” Section 4. This Ordinance shall be posted in at least three public places within the City of Rancho Cucamonga and shall be effective from and after 30 days following its adoption. Page 248 D AT E : December 5, 2018 T O:Mayor and Members of the City Council F RO M :J ohn R . Gillison, C ity Manager INIT IAT E D B Y:J ason C . Welday, D irector of E ngineering Services/C ity Engineer A lberto Espinoza, Assistant City E ngineer S UB J E C T:S E C O ND RE AD ING AND AD O P T I O N O F O RD INANC E NO. 942 AM E ND I NG S E C T IO N 3.28.020 O F T HE RANC HO C UC AM O NG A M UNI C IPAL C O D E RE G ARD ING T HE T I M I NG O F PAY M E NT O F T RANS P O RTAT I O N D E V E L O P M E NT IM PAC T F E E S . RE COMMENDAT ION: Staf f recommends that the City C ouncil conduct a second reading and adopt O rdinance 942 amending Section 3.28.020 of the R ancho Cucamonga Municipal Code regrading the timing of payment for the Transportation D evelopment I mpact F ees. BACKGROUND: T he introduction and first reading of the above-entitled Ordinance was approved at the regular C ity Council Meeting on November 21, 2018. Votes at the first reading: Ayes Michael, Alexander, K ennedy, Spagnolo, W illiams. ANALY S IS: Please refer to the November 21, 2018, C ity C ouncil Meeting staf f report. FISCAL IMPACT: Please refer to the November 21, 2018, C ity C ouncil Meeting staf f report. COUNCIL GOAL(S) ADDRE S S E D: Please refer to the November 21, 2018, C ity C ouncil Meeting staf f report. AT TAC HM E NT S : D escription Attachment 1 - Ordinance No. 942 Page 249 ATTACHMENT 1 Ordinance No. 942 – Page 1 of 1 ORDINANCE NO. 942 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE CONCERNING THE TIMING OF PAYMENT OF TRANSPORATION DEVELOPMENT IMPACT FEES AND MAKING FINDINGS IN SUPPORT THEREOF The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1. Section 3.28.020 is hereby amended as follows: “The city-wide transportation development fees are hereby established on the issuance for development or redevelopment in the city to pay for construction and improvement of thoroughfares and bridges. The city council shall, in a city council resolution, set forth the specific amount of the fee, describe the benefit and impact area on which the development fee is imposed, list the Nexus Improvement Program and its components specifying the public improvements to be financed, describe the estimated cost of the facilities, describe the reasonable relationship between this fee and the various types of new developments and set forth time of payment. This development fee shall be paid by each developer no sooner than issuance of building permits and no later than issuance of a certificate of occupancy for the structure. No certificate of occupancy or temporary certificate of occupancy may be issued until the development fee has been paid in full. The amount of the fee shall be calculated at the time the fee is paid, based upon the rate then in effect. On an annual basis, the city council shall review this fee to determine whether the fee amounts are reasonably related to the impacts of developments and whether the described public facilities are still needed.” SECTION 2. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 3. Neither the adoption of this Ordinance nor the repeal of any other Ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof. SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law. Page 250 D AT E : December 5, 2018 T O:Mayor and Members of the City Council F RO M :J ohn R . Gillison, C ity Manager INIT IAT E D B Y:Candyce Burnett, City P lanner Dat Tran, A ssistant Planner S UB J E C T:AP P E AL O F P L ANNING C O M M I S S I O N D E C IS IO N D RC2018-00865 – C O NS ID E RAT I O N O F AN AP P E AL O F T HE P L ANNING C O M M IS S IO N’S AP P RO VAL O F HI L L S I D E D E S IG N RE V IE W D RC2016-00672 – AND RE S E N ARC HIT E C T URE – T HIS AP P E AL INV O LV E S A RE Q UE S T F O R S IT E P L AN AND ARC HIT E C T URAL RE V I E W O F A P RO P O S E D 6,175 S Q UARE F O O T S I NG L E-FAM ILY D WE L L ING UNI T AND A 674 S Q UARE F O O T D E TAC HE D S E C O ND D WE L L I NG UNIT O N A VAC ANT L O T T O TAL ING 12,044 S Q UARE F E E T, L O C AT E D I N T HE L O W (L) RE S I D E NT IAL D IS T RIC T IN T HE HI L L S I D E O V E RL AY D IS T RIC T O N T HE NO RT H S ID E O F C AM I NO P RE D E RA; AP N: 0207-641-12. T HIS IT E M IS E X E M P T F RO M T HE RE Q UI RE M E NT S O F T HE C AL I F O RNIA E NV I RO NM E NTAL Q UAL IT Y AC T (C E Q A) AND T HE C IT Y ’S C E Q A G UID E L INE S UND E R C E Q A G UI D E L I NE S S E C T IO N 15303 – NE W C O NS T RUC T IO N O R C O NV E RS IO N O F S M AL L S T RUC T URE S. RE COMMENDAT ION: Staf f recommends the C ity C ouncil take one of the f ollowing actions: Adopt the attached Resolution No. 18-120, approving the Appeal of Planning Commission D ecision D R C 2018-00865, and overturning the P lanning Commission’s decision to approve Hillside D esign R eview D R C 2016-00672. Adopt the attached Resolution No. 18-121, denying the Appeal of Planning C ommission D ecision D R C 2018-00865 in part, and upholding the P lanning Commission’s decision to approve Hillside D esign R eview D R C 2016-00672. Adopt the attached Resolution No. 18-131, denying the Appeal of Planning C ommission D ecision D R C 2018-00865, and upholding the Planning C ommission’s decision to approve Hillside D esign R eview D R C 2016-00672 with modifications. BACKGROUND: On November 21, 2018, the C ity C ouncil conducted a second public hearing on the appeal of the Planning C ommission’s approval of Hillside Design Review D R C2016-00672. T he C ity Council received testimony from the applicant, D oug Andresen of A ndresen Architecture, f or the project and from one of the residents Page 251 within the Camino P redera neighborhood who spoke as the representative f or appellants (hereaf ter ref erred to as “the A ppellants”). T he C ity Council also received testimony f rom Mrs. Galvan, the owner of the subject property. Mr. A ndresen showed conceptual plans to the C ity Council illustrating potential revisions to the project. After receiving public testimony, the City Council requested that the applicant provide more comprehensive and complete conceptual plans, such as a site plan and elevations, that would more clearly describe the revisions to the proposed home. T he public hearing was continued to D ecember 5, 2018 to allow time for the applicant to draft the requested plans f or consideration by the C ity C ouncil. ANALY S IS: T he applicant provided a revised site plan and elevation drawings to Staf f on November 26, 2018. T he revisions to the proposed house include the removal of the third (top) f loor of the home and relocation of the rooms that would have been on the third floor to the rear yard area of the project site. The modif ication reduced the highest point of the house by 5 feet. T he redesign also shif ted the garage to the southwest corner of the building and modif ied the exterior of the building to ref lect a two-story building. T he new design incorporates limited terracing as required per the Hillside Design Guidelines and S tandards. T he revised house now has a single flat roof extending horizontally across the lot. The roof line is no longer terraced to f ollow the contours of the property. T he single flat roof is a result of the removal of the third floor. T here is also less variation in the wall planes on all four sides of the house in comparison to the previous proposal. T he redesigned home’s architectural veneer and style remains consistent with the style approved by the Planning C ommission. T he existing and redesigned site plan and elevations are provided for comparison (Attachments 4 and 5). T he size of the residence increased from 6,175 to 6,490 square feet (315 additional square f eet). T he size of the accessory dwelling unit was also reduced from 824 to 496 square feet to comply with the C ity’s rear yard lot coverage standards f or accessory structures (Development Code Section 17.42). T he following table shows the f loor area of the previous proposal and the redesigned proposal: Previous Proposal (S quare F eet) Redesigned P roposal (Square Feet) L ivable F loor Area 3,714 4,518 Non-L ivable F loor Area (garage, storage, balcony, decks, patio, and covered entry) 2,461 1,972 Total 6,175 6,490 Accessory Dwelling Unit F loor Area 824 496 Overall Total F loor Area 6,999 6,986 Page 252 T he lot coverage, setback and heights of the residence and accessory dwelling unit has also been modified. T he f ollowing table shows the floor area of the previous proposal and the redesigned proposal: L ow (L ) Residential D istrict Previous Proposal Redesigned P roposal L ot Coverage 34%40% Height (maximum)30 feet 25 feet S etbacks (minimum) F ront 53 feet 40 feet Rear 41 feet 42 feet West 10 feet 10 feet E ast 6.8 feet 5 f eet T he overall square f ootage of all improvements onsite has been reduced by 13 square feet, the maximum height of the primary house has been reduced by 5 f eet, and the primary house has been reduced by one story. Generally, the changes are similar with the redesign plan proposed at the mediation meeting on T hursday, November 15, 2018, and again at the City Council public hearing on November 21, 2018. T he new site plan and elevation drawings meet the City’s standards. FISCAL IMPACT: None COUNCIL GOAL(S) ADDRE S S E D: None AT TAC HM E NT S : D escription Attachment 1 - A pproval R esolution Attachment 2 - D enial Resolution Attachment 3 - D enial Resolution with Modification Attachment 4 - Nov 21 Staf f R eport Attachment 5 - Site P lan (Existing and R edesigned) Attachment 6 - Elevations (E xisting and Redesigned) Page 253 ATTACHMENT 1 EXHIBIT C RESOLUTION NO. 18-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, GRANT THE APPEAL OF PLANNING COMMISSION DECISION DRC2018-00865, AND OVERTURN THE PLANNING COMMISSION’S DECISION TO APPROVE HILLSIDE DESIGN REVIEW DRC2016-00672; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The applicant, Andresen Architecture, on behalf of Hector and Angela Galvan, proposed a 6,175 square foot, three-story, single-family residence on Camino Predera. The project site is roughly 500 feet southeast of the intersection of Camino Predera and Red Hill Country Club Drive in the Low (L) Residential District, Hillside Overlay District. 2. On October 10, 2018, the Planning Commission conducted a public hearing for the project. The Commission approved the project in a 4-1 vote (4 in favor, 1 against) and adopted Resolution No. 18-69 that included special and standard conditions of approval. 3. On October 18, 2018, a letter was submitted to the City appealing the Planning Commission’s approval of the project, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Appeal of Planning Commission Decision is referred to as "the appeal." 4. On November 7, 2018, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the appeal. After receiving public testimony, the City Council deferred final action on the appeal and continued the matter until the November 21, 2018 City Council meeting in order to afford the applicant and the appellants a further opportunity to discuss a mutually acceptable solution to the appeal. 5. On November 15, 2018, City staff facilitated a meeting between the applicant, the property owners and appellants at City Hall. A third-party, independent mediator, Susan Harden (Susan Jackson Harden, Inc.), was retained by the City to mediate the meeting. A mutually acceptable solution was not reached. 6. On November 21, 2018, the City Council of the City of Rancho Cucamonga conducted a public hearing on the application. After receiving public testimony, the City Council continued the matter until the December 5, 2018 City Council meeting. 7. The applicant revised the design of the residence. The new design is a 6,490 square foot, two-story, single-family residence. 8. On December 5, 2018, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 9. 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 Page 254 ATTACHMENT 1 EXHIBIT C 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 all of the evidence presented to this Council during the above-referenced public hearings on November 7, 2018, November 21, 2018 and December 5, 2018, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The project site is a vacant, rectangular lot facing Camino Predera. The property ranges from 82 to 92 feet in width and 138 to 139 feet in depth. The lot slopes upward from the street and has an elevation of approximately 1,332 feet at the south property line and an elevation of approximately 1,364 feet at the north property line. This results in a grade change of 32 feet from the north to the south property line; and b. The original application, Hillside Design Review DRC2016-00672, is for the site plan and architectural review of a 6,175 square foot, three-story, single-family dwelling unit on the project site. The project site is located in the Low (L) Residential District and the Hillside Overlay District (HOD). The proposed lot coverage is approximately 34 percent. The proposed setbacks are as follows: front and rear: 53 feet and 41 feet, respectively; interior sides: 6.83 and 10 feet. The overall building height is 30 feet and a total of 3 stories tall; and c. The revised application is for the site plan and architectural review of a 6,490 square foot, two-story, single-family dwelling unit on the project site. The project complies with all the requirements of the Low (L) Residential District. The maximum lot coverage permitted is 40 percent. The proposed lot coverage is approximately 40 percent. The required and proposed (in parenthesis) setbacks are as follows: front and rear: 37 (40) feet and 20 (42) feet, respectively; interior sides: 5 (5) and 10 (10) feet. All setbacks are measured to the wall face of the house; and d. The grading of the project involves fill and excavation of approximately 2,500 square feet of dirt, with a net removal of approximately 2,300 square feet of dirt from the site. The depth of the removal is up to 18 feet below the existing grade to accommodate a subterranean garage. The project incorporates limited use terracing and grade separation to attempt to contour the building to the natural slope. The terracing and grade separation leaves portions of the structure to extend two stories vertically from the finish grade. The vertical height creates a structure of significant mass and scale that blocks the some of the views of other homes to the rear of the site. e. The proposed residence has a contemporary design theme, which includes a flat roof, smooth stucco finish, metal railings with glass panels, and copper roofing. The proposed residence also incorporates stone veneer, decorative wood trims and fascia, and decorative garage doors. The architectural design of the residence incorporates variations in the roof height to interrupt the wall plane at the side and rear elevations. The building mass is broken up though multiple wall plane changes and the incorporation of exterior decks and patio areas along the front and rear elevations. In general, the contemporary design them is a significant deviation from the traditional architectural styles (e.g. Mediterranean, Craftsman and ranch) in the neighborhood; and f. The project also includes an accessory dwelling unit (ADU) at the rear of the lot. The original ADU was 824 square feet and consisted of living areas and a covered porch. The new ADU has been reduced in size to only include living space and consists of a floor area of 496 square feet. Per Development Code Section 17.42.040-1, solid roof structures located within the Page 255 ATTACHMENT 1 EXHIBIT C rear yard are permitted to be up to 5 feet from the side and rear property lines. The ADU is setback approximately 5 feet from the rear property line, and approximately 18 and 20 feet from the east and west property lines, respectively. The structure also has eaves extending 1’-6” along the side, but these eaves do not extend into the side setback. The overall height of the ADU is 15 feet and is below the maximum height of 16 feet permitted for solid roof, accessory structures in the rear yard. The City Council finds that the ADU itself complies with applicable provisions of State law and the City’s Development Code. Therefore, the City Council does not base its decision to grant the appeal and overturn the Planning Commission’s decision on the project’s inclusion of an ADU; and 3. Based upon the substantial evidence presented to this Council during the above-referenced public 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 not consistent with the General Plan. The General Plan includes Goals and Policies intended to facilitate overall hillside development. The Goals and Policies establish that development should be sensitive to the natural form of the hillside. Development should limit the extent of onsite grading and provide for innovative design and arrangement of building site to retain significant habitat and features. Building designs, such as massing, height and architecture, should be designed in a way to blend into the surrounding hillside conditions. The project proposes extensive onsite grading. Approximately 1,700 cubic feet of soil will be excavated/removed, and 100 cubic feet of soil will be filled/added, resulting in a net removal of 1,600 cubic feet of soil from the project site. The design of the primary house and ADU also does not blend into the hillside terrain per the guidelines of the General Plan. The combined square footage of both structures onsite is 6,986 square feet and exceeds the size of other homes in the neighborhood. The building’s design does not follow the natural contours of the hillside terrain, with areas of the building extending significantly above the hillside above a subterranean second floor to allow for more living space. b. The proposed project is not in accordance with the objectives of the Hillside Design Standards and Guidelines (Section 17.122.020) of the Development Code. The purpose of the Standards ang Guidelines is to facilitate appropriate development of hillside areas. The project site is an upslope lot with an elevation decline of approximately 32 feet from the north to south property line. Due to the change in grade, significant terracing and grade separations are required to permit the structure to step up with the natural slope. The proposed home is not adequately terraced to permit the structure to step up with the natural slope. Portions of the home consists of walls that extend two stories vertically and does not incorporate terracing. Grade separation was provided, separating the home into two separate levels. However, the finished floor of the home consists of two large pads that did not adequately follow the contours of the home. Without adequate terracing or grade separations, the home does not meet the intent of the Hillside Design Standards and Guidelines to incorporate homes into the natural slope of hillside terrain. c. The proposed use is not in compliance with applicable provisions of the Hillside Design Standards and Guidelines (Section 17.122.020) of the Development Code. The Standards and Guidelines require buildings to be terraced to follow the slope and make use of grade separations to permit the structure to step up to the natural slope. The proposed home is terraced, but not to the degree in which the home blends into the natural terrain or preserves the character of the natural slope. Portions of the home consists of walls that extend two stories vertically and does not incorporate terracing. The Hillside Design Standards and Guidelines also contains standards requiring parts of a dwelling to be detached, such as a garage. The proposed garage is fully attached to the building, inconsistent with the intent of the standards. Page 256 ATTACHMENT 1 EXHIBIT C d. The proposed use, together with the conditions applicable thereto, will be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. The proposed combined 6,986 square foot single-family dwelling unit and accessory dwelling unit is not compatible with the other homes in the neighborhood. The proposed home’s mass and scale is incompatible with the mass and scale of other homes in the neighborhood. The average square footage of other homes in the neighborhood is 4,241 square feet, 2,745 square feet below the size of the proposed home. The proposed home’s size exceeds the biggest home in the neighborhood at 5,369 square feet. Additionally, the contemporary architectural style of the home is incompatible with the existing homes in the neighborhood. The existing homes in the neighborhood consists of traditional architectural styles, such as Mediterranean, Craftsman and bungalow styles. The proposed contemporary architectural style is incompatible with the traditional architectural styles and would impact the visual quality of the neighborhood. Therefore, the project poses a detriment to the welfare of the neighborhood. 4. The project is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines. The approval of the Appeal of the Planning Commission of Hillside Design Review DRC2016-00672 reverses the approval to construct the proposed 6,175 square feet home. The project will not be completed, and the lot will remain vacant. Therefore, staff finds that there is no substantial evidence that the project will have a significant effect on the environment. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Council hereby approves the Appeal of Planning Commission Decision DRC2018-00865, denying the approval of Hillside Design Review DRC2016-00672. 6. This Council hereby provides notice to the applicant, Andresen Architecture, that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 7. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return-receipt requested, to Andresen Architecture, at the address identified in City records. APPROVED AND ADOPTED THIS 5TH DAY OF DECEMBER 2018. Page 257 ATTACHMENT 2 EXHIBIT C RESOLUTION NO. 18-121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING THE APPEAL OF PLANNING COMMISSION DECISION DRC2018-00865, AND UPHOLDING THE PLANNING COMMISSION’S DECISION TO APPROVE HILLSIDE DESIGN REVIEW DRC2016-00672; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The applicant, Andresen Architecture, on behalf of Hector and Angela Galvan, proposed a 6,175 square foot, three-story, single-family residence on Camino Predera. The project site is roughly 500 feet southeast of the intersection of Camino Predera and Red Hill Country Club Drive in the Low (L) Residential District, Hillside Overlay District. 2. On October 10, 2018, the Planning Commission conducted a public hearing for the project. The Commission approved the project in a 4-1 vote (4 in favor, 1 against) and adopted Resolution No. 18-69 that included special and standard conditions of approval. 3. On October 18, 2018, a letter was submitted to the City appealing the Planning Commission’s approval of the project, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Appeal of Planning Commission Decision is referred to as "the appeal." 4. On November 7, 2018, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the appeal. After receiving public testimony, the City Council deferred final action on the appeal and continued the matter until the November 21, 2018 City Council meeting in order to afford the applicant and the appellants a further opportunity to discuss a mutually acceptable solution to the appeal. 5. On November 15, 2018, City staff facilitated a meeting between the applicant, the property owners and appellants at City Hall. A third-party, independent mediator, Susan Harden (Susan Jackson Harden, Inc.), was retained by the City to mediate the meeting. A mutually acceptable solution was not reached. 6. On November 21, 2018, the City Council of the City of Rancho Cucamonga conducted a public hearing on the application. After receiving public testimony, the City Council continued the matter until the December 5, 2018 City Council meeting. 7. On December 5, 2018, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 8. 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 Page 258 ATTACHMENT 2 EXHIBIT C A, of this Resolution are true and correct. 2. Based upon all of the evidence presented to this Council during the above-referenced public hearings on November 7, 2018, November 21, 2018 and December 5, 2018, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The project site is a vacant, rectangular lot facing Camino Predera. The property ranges from 82 to 92 feet in width and 138 to 139 feet in depth. The lot slopes upward from the street and has an elevation of approximately 1,332 feet at the south property line and an elevation of approximately 1,364 feet at the north property line. This results in a grade change of 32 feet from the north to the south property line; and b. Street improvements such as a sidewalk, curb, and gutter are present along Camino Predera; however, street trees and parkway landscaping improvements have not been installed and will be required to be constructed as a condition of approval; and c. The application is for the site plan and architectural review of a 6,175 square foot, three-story, single-family dwelling unit on the project site. The project complies with all the requirements of the Low (L) Residential District. The maximum lot coverage permitted is 40 percent. The proposed lot coverage is approximately 34 percent. The required and proposed (in parenthesis) setbacks are as follows: front and rear: 37 (53) feet and 20 (41) feet, respectively; interior sides: 5 (6.83) and 10 (10) feet. All setbacks are measured to the wall face of the house. The overall building height is 30 feet, which is the maximum permitted within the Hillside Overlay District; and d. The proposed residence has eaves that project 1’-6” into both side setback areas and a chimney that extends 2 feet into the west side setback area. Per the Development Code, eaves may project into required yards a maximum distance of 3 feet, provided such appendages are supported only at, or behind, the building setback line. Chimneys may project into required yards a maximum distance of 2 feet, provided such features shall be at least 3 feet from a property line. The chimney is set back 8 feet from the property line. e. The proposed residence has a contemporary design theme, which includes a flat roof, smooth stucco finish, metal railings with glass panels, and copper roofing. The proposed residence also incorporates stone veneer, decorative wood trims and fascia, and decorative garage doors. The architectural design of the residence incorporates variations in the roof height to interrupt the wall plane at the side and rear elevations. The building mass is broken up though multiple wall plane changes and the incorporation of exterior decks and patio areas along the front and rear elevations. The residence will be painted earth tone colors in compliance with Section 17.122.020.D.2. The existing dwelling units along Camino Predera consist of a variety of architectural styles. Through the use of the above-noted design elements, the dwelling unit meets the City’s 360-degree architecture requirements, and the design of the residence is compatible with the surrounding houses in the neighborhood; and f. The project also includes an accessory dwelling unit (ADU) at the rear of the lot. The ADU has a floor area of 674 square feet. Per Development Code Section 17.42.040-1, solid roof structures located within the rear yard are permitted to be up to 5 feet from the side and rear property lines. The ADU is setback 5 feet from the rear property line, and 18 and 20 feet from the east and west property lines, respectively. The structure also has eaves extending 1’-6” along the side, but these eaves do not extend into the side setback. The overall height of the ADU is 15 feet and is below the maximum height of 16 feet permitted for solid roof, accessory structures in the Page 259 ATTACHMENT 2 EXHIBIT C rear yard. During the appeal process after Planning Commission approval, staff discovered an error on the plans. The ADU does not meet the rear yard lot coverage requirements. The ADU’s size will be reduced during the building permit process to comply with Development Code Section 17.42, which limits rear yard lot coverage to a maximum of 30 percent; and g. The project complies with the intent of the Hillside Overlay District, which seeks to facilitate appropriate development of hillside areas. The project site is an upslope lot with an elevation decline of approximately 32 feet from the north to south property line. Due to the change in grade, the dwelling unit incorporates a flat-roofed, terraced design concept that follows the natural contours of the project site. Roof levels at the front of the residence are located at a lower level than roof levels at the rear of the residence. Additionally, the dwelling unit features split pads and grade separations to permit the structure to follow the natural slope. Design elements such as front-facing roof gables were not utilized at the front of the residence, so that the roof would be oriented in the same direction as the natural slope. The maximum height of the house is 15 feet at setbacks and 30 feet overall as measured from finished grade, thereby complying with the building envelope requirements. 3. Based upon the substantial evidence presented to this Council during the above-referenced public 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 General Plan designation for the project site is Low Residential. The project proposes a 6,175 square foot single-family dwelling unit with a 674 square foot, detached accessory dwelling unit on a 12,044 square foot lot. The size and design of the residence is consistent with the goals of the Low Residential Land Use Designation to provide a single-family dwelling unit within the allowable density range of up to 4 dwelling units per acre. The project is also consistent with the Goals and Policies of the General Plan. The Goals and Policies recognize that the Development Code and Hillside Ordinance contain a comprehensive set of hillside development regulations. These regulations provide specific requirements that projects must adhere to and facilitate these goals and policies. The project’s design is consistent with the Development Code and the Hillside Design Standards and Guidelines, the latter of which is established through the Hillside Ordinance. The house’s height is limited to 30 feet and incorporates some degree of terracing to follow the natural topography in the neighborhood. The home’s design incorporated a flat roof and a subterranean garage. Both features reduce the mass and scale of the building. These design features were intended to minimize the overbuilding of hillside lots or crowding and to preserve the natural features of the land, as intended by the Goals and Policies of the General Plan. The General Plan also includes a section dedicated to overall Community Design goals. The Community Design (LU-69 through LU-73) section establish General Design Principles the encourage high quality design of new developments in the City. The Principles encourage innovative design that strive to serve a community’s residents. The Principles also encourage high-quality, architectural styles that promote “novel variations” from standardized model buildings. The proposed residence has a contemporary design theme, which includes a variety of secondary materials and finishes. While the design style is different from the traditional architectural style of other homes in the neighborhood, the style is consistent with the intent of the General Plan’s Community Design Principles. The Staff Report submitted to City Council prior to the public hearing (dated November 7, 2018) included an analysis of other Guiding Principles, Goals and Policies of the General Plan (Attachment 3). The report analyzed and provided an explanation of how the project met each of the applicable Guiding Principles, Goals and Policies of the General Plan. The project was deemed to be generally consistent with the General Plan’s goals of blending development with hillside conditions and maintaining compatibility with the residential neighborhood. Therefore, the project is consistent with the General Plan. Page 260 ATTACHMENT 2 EXHIBIT C b. The proposed project is in accordance with the objectives of the Development Code and the purpose in which the site is located. The project site is located in the Low Residential (L) District, which encourages the development of low-density, single-family dwelling units on individual lots. In order to achieve the intended neighborhood density, the Development Code specifies a maximum limit of 4 dwelling units per acre (0.25 acres per lot). The proposed project is a single-family residence with an accessory dwelling unit on a 12,044 square foot (0.27 acres) lot. Therefore, the proposed project is consistent with the purpose of the Low Residential (L) District designation. The project also complies with the intent of the Hillside Overlay District, which seeks to facilitate appropriate development of hillside areas. The project site is an upslope lot with an elevation decline of approximately 32 feet from the north to south property line. Due to the change in grade, the single-family dwelling unit incorporates a terraced design concept which permits the residence to follow the natural contours of the project site. Roof levels at the front of the dwelling unit are located at a lower level than roof levels at the rear of the residence. The dwelling unit incorporates the use of split pads and grade separations to permit the structure to step up with the natural slope. Design elements such as front-facing roof gables were not permitted at the front of the dwelling unit so that the roof would be oriented in the same direction as the natural slope. The maximum height of the dwelling unit is 15 feet at setbacks and 30 feet overall as measured from finished grade. Hillside Design Section 17.122.020.D.1.C requires that dwelling units in the Hillside Overlay District be designed to fit within a 30 foot high building envelope, which the dwelling unit is in compliance with. c. The proposed use is in compliance with each of the applicable provisions of the Development Code. The project complies with all the requirements of the Low (L) Residential District. The maximum lot coverage permitted is 40 percent. The proposed lot coverage is approximately 34 percent. The required and proposed (in parenthesis) setbacks are as follows: front and rear: 37 (53) feet and 20 (41) feet, respectively; interior sides: 5 (6.83) and 10 (10) feet. All setbacks are measured to the wall face of the house. The proposed dwelling unit has eaves that project 1’-6” into both side setback areas, and a chimney that extends 2 feet into the west side setback area. Per the Development Code, eaves may project into required yards a maximum distance of 3 feet, provided such appendages are supported only at, or behind, the building setback line. Chimneys may project into required yards a maximum distance of 2 feet, provided such features shall be at least 3 feet from a property line. The chimney is set back 8 feet from the property line. The overall height of the dwelling unit is 30 feet which is the maximum permitted height in the Hillside Overlay District. 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 proposed single-family dwelling unit is of similar scale and size to that of the surrounding neighborhood and complies with the Development Code. The size of the proposed house (6,175 square feet) is larger than previously proposed houses built since 2000 along Camino Predera. Including the ADU, the combined floor area of the project is 6,849 square feet. Because the garage is partially located underground, 1,231 square feet of the structure would be obscured from view on three sides by the surrounding grade. As a result, the visible mass of the house above ground is 4,944 square feet. For comparison, that is less than the floor area of the house at 8054 Camino Predera (5,369 square feet above ground) and 703 square feet more than the average floor area (4,241 square feet, all above ground) of all the houses along Camino Predera that have been built since 2003. The home may result in view obstructions to nearby properties, but such obstructions are limited due to the undergrounding of the garage structure and also other design features of the home. The project incorporates some degree of terracing to follow the natural topography in the neighborhood and limits the overall height of the building to 30 feet as required per the Development Code, thereby reducing the overall mass and scale of the building. Therefore, given the intended residential use of the building Page 261 ATTACHMENT 2 EXHIBIT C and the overall size and design of the building, the proposed project will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 4. The project is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines. The project qualifies as a Class 3 exemption under State CEQA Guidelines Section 15303 –– New Construction or Conversion of Small Structures. Section 15303 allows for the construction of a single-family residence in a residential zone. The proposed project is a single-family residence on a single lot within the Low (L) Residential District. The residence meets all applicable development standards and zoning regulations of the Development Code. Therefore, staff finds that there is no substantial evidence that the project will have a significant effect on the environment. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Council hereby deny the Appeal of Planning Commission Decision DRC2018-00865, thereby upholding the Planning Commission approval of Hillside Design Review DRC2016-00672. 6. This Council hereby provides notice to the appellants that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.5 and 1094.6. 7. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return-receipt requested, to Ms. Renee Massey, at the address identified in City records. APPROVED AND ADOPTED THIS 5TH DAY OF DECEMBER 2018. Page 262 ATTACHMENT 3 RESOLUTION NO. 18-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING APPEAL OF PLANNING COMMISSION DECISION DRC2018-00865, AND UPHOLDING THE PLANNING COMMISSION APPROVAL OF HILLSIDE DESIGN REVIEW DRC2016-00672 WITH MODIFICATIONS; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The applicant, Andresen Architecture, on behalf of Hector and Angela Galvan, proposed a 6,175 square foot, three-story, single-family residence on Camino Predera. The project site is roughly 500 feet southeast of the intersection of Camino Predera and Red Hill Country Club Drive in the Low (L) Residential District, Hillside Overlay District. 2. On October 10, 2018, the Planning Commission conducted a public hearing for the project. The Commission approved the project in a 4-1 vote (4 in favor, 1 against) and adopted Resolution No. 18-69 that included special and standard conditions of approval. 3. On October 18, 2018, a letter was submitted to the City appealing the Planning Commission’s approval of the project, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Appeal of Planning Commission Decision is referred to as "the appeal." 4. On November 7, 2018, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the appeal. After receiving public testimony, the City Council deferred final action on the appeal and continued the matter until the November 21, 2018 City Council meeting in order to afford the applicant and the appellants a further opportunity to discuss a mutually acceptable solution to the appeal. 5. On November 15, 2018, City staff facilitated a meeting between the applicant, the property owners and appellants at City Hall. A third-party, independent mediator, Susan Harden (Susan Jackson Harden, Inc.), was retained by the City to mediate the meeting. A mutually acceptable solution was not reached. 6. On November 21, 2018, the City Council of the City of Rancho Cucamonga conducted a public hearing on the application. After receiving public testimony, the City Council continued the matter until the December 5, 2018 City Council meeting. 7. The applicant revised the design of the residence. The new design is a 6,490 square foot, two-story, single-family residence. The revised design helps the project meets the findings required per Development Code Section 17.16.140.F for hillside development proposals. 8. On December 5, 2018, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 9. 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 Page 263 ATTACHMENT 3 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 all of the evidence presented to this Council during the above-referenced public hearings on November 7, 2018, November 21, 2018 and December 5, 2018, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The project site is a vacant, rectangular lot facing Camino Predera. The property ranges from 82 to 92 feet in width and 138 to 139 feet in depth. The lot slopes upward from the street and has an elevation of approximately 1,332 feet at the south property line and an elevation of approximately 1,364 feet at the north property line. This results in a grade change of 32 feet from the north to the south property line; and b. Street improvements such as a sidewalk, curb, and gutter are present along Camino Predera; however, street trees and parkway landscaping improvements have not been installed and will be required to be constructed as a condition of approval; and c. The original application was for the site plan and architectural review of a 6,175 square foot, three-story, single-family dwelling unit on the project site. The proposed lot coverage was approximately 34 percent. The required and proposed (in parenthesis) setbacks were as follows: front and rear: 37 (53) feet and 20 (41) feet, respectively; interior sides: 5 (6.83) and 10 (10) feet. The overall building height was 30 feet as measured from the adjacent finished grade at the front of the house; and a. The revised application is now for the site plan and architectural review of a 6,490 square foot, two-story, single-family dwelling unit on the project site. The revisions to the proposed house include the removal of the third (top) floor of the home and relocation of the rooms that would have been on the third floor to the rear yard area of the project site. The modification reduced the highest point of the house by 5 feet. The redesign also shifted the garage to the southwest corner of the building and modified the exterior of the building to reflect a two-story building. b. The project complies with all the requirements of the Low (L) Residential District. The maximum lot coverage permitted is 40 percent. The proposed lot coverage is approximately 40 percent. The required and proposed (in parenthesis) setbacks are as follows: front and rear: 37 (40) feet and 20 (42) feet, respectively; interior sides: 5 (5) and 10 (10) feet. All setbacks are measured to the wall face of the house. The overall maximum building height as measured from adjacent grade is 25 feet, which is 5 feet below the maximum permitted (30 feet) within the Hillside Overlay District; and c. The proposed residence has eaves that project 1’-6” into both side setback areas and a chimney that extends 2 feet into the west side setback area. Per the Development Code, eaves may project into required yards a maximum distance of 3 feet, provided such appendages are supported only at, or behind, the building setback line. Chimneys may project into required yards a maximum distance of 2 feet, provided such features shall be at least 3 feet from a property line. The chimney is set back 8 feet from the property line. d. The proposed residence has a contemporary design theme, which includes a flat roof, smooth stucco finish, metal railings with glass panels, and copper roofing. The proposed residence also incorporates stone veneer, decorative wood trims and fascia, and decorative garage doors. The new design incorporates limited terracing as required per the Hillside Design Page 264 ATTACHMENT 3 Guidelines and Standards. The revised house now has a single flat roof extending horizontally across the lot. The roof line is no longer terraced to follow the contours of the property. The single flat roof is a result of the removal of the third floor. There is also less variation in the wall planes on all four sides of the house in comparison to the previous proposal. The residence will be painted earth tone colors in compliance with Section 17.122.020.D.2. The existing dwelling units along Camino Predera consist of a variety of architectural styles. Through the use of the above- noted design elements, the dwelling unit is generally consistent with the City’s 360-degree architecture requirements, and the design of the residence is compatible with the surrounding houses in the neighborhood; and e. The project also includes a revised accessory dwelling unit (ADU) at the rear of the lot. The original ADU was 824 square feet and consisted of living areas and a covered porch. The new ADU has been reduced in size to only include living space and consists of a floor area of 496 square feet. Per Development Code Section 17.42.040-1, solid roof structures located within the rear yard are permitted to be up to 5 feet from the side and rear property lines. The ADU is setback approximately 5 feet from the rear property line, and approximately 18 and 20 feet from the east and west property lines, respectively. The structure also has eaves extending 1’-6” along the side, but these eaves do not extend into the side setback. The overall height of the ADU is 15 feet and is below the maximum height of 16 feet permitted for solid roof, accessory structures in the rear yard; and f. The project also complies with the technical requirements of the Hillside Overlay District, which seeks to facilitate appropriate development of hillside areas. The maximum height of the dwelling unit is 25 feet overall as measured from the adjacent finished grade at the front of the building, thereby complying with the building envelope requirements. 3. Based upon the substantial evidence presented to this Council during the above-referenced public 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 General Plan designation for the project site is Low Residential. The project proposes a 6,490 square foot single-family dwelling unit with a 496 square foot, detached accessory dwelling unit on a 12,044 square foot lot. The size and design of the residence is consistent with the goals of the Low Residential Land Use Designation to provide a single-family dwelling unit within the allowable density range of up to 4 dwelling units per acre. The project is also consistent with the Goals and Policies of the General Plan. The Goals and Policies recognize that the Development Code and Hillside Ordinance contain a comprehensive set of hillside development regulations. These regulations provide specific requirements that projects must adhere to and facilitate these goals and policies. The project’s design is consistent with the Development Code and the Hillside Design Standards and Guidelines, the latter of which is established through the Hillside Ordinance. The house’s height is limited to 25 feet and the home’s design incorporated a flat roof. Both features reduce the mass and scale of the building. These design features were intended to minimize the overbuilding of hillside lots or crowding and to preserve the natural features of the land, as intended by the Goals and Policies of the General Plan. The General Plan also includes a section dedicated to overall Community Design goals. The Community Design (LU-69 through LU-73) section establish General Design Principles the encourage high quality design of new developments in the City. The Principles encourage innovative design that strive to serve a community’s residents. The Principles also encourage high-quality, architectural styles that promote “novel variations” from standardized model buildings. The proposed residence has a contemporary design theme, which includes a variety of secondary materials and finishes. While the design style is different from the traditional architectural style of other homes in the neighborhood, the style is consistent with the intent of the General Plan’s Community Design Principles. The project is generally consistent with the Page 265 ATTACHMENT 3 General Plan’s goals of blending development with hillside conditions and maintaining compatibility with the residential neighborhood. Therefore, the project is consistent with the General Plan. b. The proposed project is in accordance with the objectives of the Development Code and the purpose in which the site is located. The project site is located in the Low Residential (L) District, which encourages the development of low-density, single-family dwelling units on individual lots. In order to achieve the intended neighborhood density, the Development Code specifies a maximum limit of 4 dwelling units per acre (0.25 acres per lot). The proposed project is a single-family residence with an accessory dwelling unit on a 12,044 square foot (0.27 acres) lot. Therefore, the proposed project is consistent with the purpose of the Low Residential (L) District designation. The project also complies with the intent of the Hillside Overlay District, which seeks to facilitate appropriate development of hillside areas. The maximum height of the dwelling unit is 25 feet overall as measured from finished grade. Hillside Design Section 17.122.020.D.1.C requires that dwelling units in the Hillside Overlay District be designed to fit within a 30 foot high building envelope, which the dwelling unit is in compliance with. c. The proposed use is in compliance with each of the applicable provisions of the Development Code. The project complies with all the requirements of the Low (L) Residential District. The maximum lot coverage permitted is 40 percent. The proposed lot coverage is approximately 40 percent. The required and proposed (in parenthesis) setbacks are as follows: front and rear: 37 (40) feet and 20 (42) feet, respectively; interior sides: 5 (5) and 10 (10) feet. All setbacks are measured to the wall face of the house. The proposed dwelling unit has eaves that project 2 feet into both side setback areas, and a chimney that extends 2 feet into the west side setback area. Per the Development Code, eaves may project into required yards a maximum distance of 3 feet, provided such appendages are supported only at, or behind, the building setback line. Chimneys may project into required yards a maximum distance of 2 feet, provided such features shall be at least 3 feet from a property line. The chimney is set back 8 feet from the property line. The overall height of the dwelling unit is 25 feet which lower than the maximum permitted height in the Hillside Overlay District. 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 proposed single-family dwelling unit is of similar scale and size to that of the surrounding neighborhood and complies with the Development Code. The home may result in view obstructions to nearby properties, but such obstructions are limited due revised design of the home. The revisions to the proposed house include the removal of the third (top) floor of the home and relocation of the rooms that would have been on the third floor to the rear yard area of the project site. The modification reduced the highest point of the house by 5 feet, as measured from the adjacent finished grade. The reduced height significantly reduces the potential for visual impact upon the neighborhood and is generally more consistent with the technical height requirements per Hillside Design Section 17.122.020.D.1.C. Therefore, given the intended residential use of the building and the overall size and design of the building, the proposed project will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 4. The project is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines. The project qualifies as a Class 3 exemption under State CEQA Guidelines Section 15303 –– New Construction or Conversion of Small Structures. Section 15303 allows for the construction of a single-family residence in a residential zone. The proposed project is a single-family residence on a single lot within the Low (L) Residential District. The residence meets all applicable development standards and zoning regulations of the Development Code. Therefore, staff finds that there is no substantial evidence that the project will have a significant effect on the environment. Page 266 ATTACHMENT 3 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Council hereby deny the Appeal of Planning Commission Decision DRC2018-00865, thereby upholding the Planning Commission approval of Hillside Design Review DRC2016-00672 as modified herein. Specifically, Hillside Design Review DRC2016-00672 shall be based upon the site plan and elevations in Attachment 5 and 6 in the December 5, 2018 staff report for this item. This includes a reduction of five feet of height and the removal of the third floor from the original project as approved by the Planning Commission. In addition, the following special condition of approval is added to Hillside Design Review DRC2016-00672: a. Prior to the submittal of building permit plans to the Building & Safety Department, the plans shall be submitted to the Planning Director for review and approval. The Planning Director shall determine whether the plans are consistent with Attachment 5 and 6 and all Development Code requirements. 6. This Council hereby provides notice to the appellants that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.5 and 1094.6. 7. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return-receipt requested, to Ms. Renee Massey, at the address identified in City records. APPROVED AND ADOPTED THIS 5TH DAY OF DECEMBER 2018. Page 267 Page 1 of 23 REPORT RECOMMENDATION: Staff recommends the City Council hear the appeal, receive public testimony and review the decision of the Planning Commission to approve Hillside Design Review DRC2016-00672, and direct staff to prepare a resolution for one of the following: • Uphold the decision of the Planning Commission to approve Hillside Design Review DRC2016-00672, and deny the appeal that was filed. • Approve the Appeal of the Planning Commission Decision DRC2018-00865, and deny the approval of Hillside Design Review DRC2016-00672. • Continue the public hearing to allow the applicant time to work with Staff on revisions and return it to the City Council for further review at an unspecified date in the future. Based on the City Council’s direction, Staff will prepare a draft resolution and present it to the City Council for action at the next available meeting. BACKGROUND: DATE: November 7, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Candyce Burnett, City Planner Dat Tran, Assistant Planner SUBJECT: APPEAL OF PLANNING COMMISSION DECISION DRC2018-00865 – CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION’S APPROVAL OF HILLSIDE DESIGN REVIEW DRC2016-00672 – ANDRESEN ARCHITECTURE – THIS APPEAL INVOLVES A REQUEST FOR SITE PLAN AND ARCHITECTURAL REVIEW OF A PROPOSED 6,175 SQUARE FOOT SINGLE-FAMILY DWELLING UNIT AND A 674 SQUARE FOOT DETACHED SECOND DWELLING UNIT ON A VACANT LOT TOTALING 12,044 SQUARE FEET, LOCATED IN THE LOW (L) RESIDENTIAL DISTRICT IN THE HILLSIDE OVERLAY DISTRICT ON THE NORTH SIDE OF CAMINO PREDERA; APN: 0207-641-12. THIS ITEM IS EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND THE CITY’S CEQA GUIDELINES UNDER CEQA SECTION 15303 – NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES. Page 268 CITY COUNCIL STAFF REPORT HDR DRC2018-00865 – APPEAL OF THE PLANNING COMMISSION’S APPROVAL OF HILLSIDE DESIGN REVIEW DRC2016-00672 NOVEMBER 7, 2018 Page 2 of 23 A. Project Description: The applicant, Andresen Architecture, on behalf of Hector and Angela Galvan, proposed a 6,175 square foot, three-story, single-family residence on Camino Predera. The project site is Lot 35 of Tract 10035 and is roughly 500 feet southeast of the intersection of Camino Predera and Red Hill Country Club Drive in the Low (L) Residential District, Hillside Overlay District. The project also includes a 674 square foot accessory dwelling unit (ADU at the rear of the lot. B. Review Process Timeline: The Hillside Design Review application for the proposal was submitted to the City in August 2016. City Staff processed the application and during several cycles of review requested that the applicant provide additional information about the project and revise the design of the house to ensure compliance with the General Plan and Development Code. The City deemed the application “Complete” for processing purposes in April 2018. The next step in the process was for the applicant to conduct a Neighborhood Meeting. This meeting is required by the City for all projects that will be reviewed by the Planning Commission and that are adjacent to residential development. The City requires that all owners of property within 660 feet of the project site be notified by mail by the applicant at least two (2) weeks prior to the meeting. C. Neighborhood Meeting: The applicant held the Neighborhood Meeting at Valley Vista Elementary School on May 22, 2018. Approximately 16 residents, the applicant and his clients, and the planner from the City assigned to the project were in attendance. The applicant provided an overview of the proposed project to the residents and fielded questions from them. The residents had questions about the technical details of the project including the height, size, and building setbacks of the house and the amount of grading that would be required to construct the house. Their primary concerns were a) the size and scale of the proposed house and the ADU would be larger than the existing houses in the neighborhood and b) their view to the south, overlooking the hillside and the valley below, would be blocked. The applicant stated that he would review the plans and make modifications where possible to address these two issues. The residents also had questions regarding the City’s policies and standards regarding the construction of new houses in hillside neighborhoods. They stated that the project was not in keeping with the City’s Hillside Ordinance. Staff explained to the residents that the project was designed in compliance with Section 17.122.020 – Hillside Development – of the Development Code (the Hillside Ordinance). The residents also stated that the meeting was noticed incorrectly. They stated that the distance within which property owners received the mailed notices was only 300 feet. The applicant mailed out the notifications on May 4, 2018 (18 days before the date of the neighborhood meeting). Staff agreed that the letters were sent to only those within 300 feet of the project site. Staff became aware of this error on May 10, 2018, based on a phone call from a resident, and directed the applicant to notify the property owners who were not included in the original notification. Additional letters were mailed on May 11, 2018 (12 calendar days before the neighborhood meeting date). After the neighborhood meeting, the applicant made additional changes to the project to address the neighbors’ concerns. The height of the accessory unit was reduced by 1 foot to a height of 15 feet. Changes were also made to the design of the covered patio and bedroom/bathroom area at the rear of the residence. These changes reduced the height of the overall house by 6 inches. Page 269 CITY COUNCIL STAFF REPORT HDR DRC2018-00865 – APPEAL OF THE PLANNING COMMISSION’S APPROVAL OF HILLSIDE DESIGN REVIEW DRC2016-00672 NOVEMBER 7, 2018 Page 3 of 23 D. Design and Technical Review Committees: As required by Section 17.16.140.E.4 of the Development Code, the project was presented to the Design Review Committee (Attachment 3) on June 19, 2018 to review the project’s architecture and site planning. Approximately 15 residents from the community attended the meeting. During the “Public Communications” period of the meeting (which occurs at the beginning of the agendized items and before those items, such as the subject project, are reviewed) some of them stated the same concerns with the project that they had stated at the Neighborhood Meeting. Their primary concerns were the size and scale of the proposed house and the ADU. The residents stated that previous City Council actions had overturned Planning Commission decisions approving residences in the neighborhood on the basis that they did not meet the Hillside Development Standards. The residents restated their concern about the public notification distance for the Neighborhood Meeting. A resident also commented to the Design Review Committee regarding issues relating to the project’s compliance with the covenants, conditions and restrictions (CC&Rs) that govern the 38 lots, including the project site, within Tract 10035 (Attachment 9). That resident stated that the CC&Rs do not allow for approval of structures that block the views of adjacent property owners. The Committee received the public comments but did not provide any direct Analysiss as they could not do during the Public Communications period. Following public testimony, staff presented the proposal to the Design Review Committee. The Design Review Committee also heard from the applicant. During deliberation the Committee requested additional information from the applicant based on the concerns of the Committee and the public comment received from the neighbors in attendance. Specifically, the Design Review Committee member Rich Macias, who is also one of the Planning Commissioners, requested the applicant provide additional cross sections through the project site and requested that the applicant install story poles on the site so that the neighbors and staff could verify the height of the dwelling. The Design Review Committee completed their review of the project and accepted it as proposed. They recommended that the project be forwarded to the Planning Commission for review and approval. The Design Review Committee requested that these issues be addressed in the Planning Commission staff report so that the Planning Commission would have the full record of the project and requirements of the Design Review Committee. Additionally, the Design Review Committee requested that the details and background of the noticing for the neighborhood meeting and the CC&Rs, introduced during the Public Communications period of the meeting, be included in the Staff Report for the Planning Commission public hearing. The applicant installed the requested story poles at the project site on July 7, 2018. The poles were installed at various locations on-site. The poles included tape strung along the top of the poles to indicate the location of the proposed house’s rooflines. The heights of the story poles were verified as accurate by the civil engineer for the project, Bonadiman & Associates, Inc. The City’s Engineering Department reviewed the methodology and equipment used for verifying the pole heights and deemed the process acceptable. As required by Section 17.16.140.E.5 of the Development Code, the project was also presented to the Technical Review Committee on June 19, 2018 to review the project’s compliance with technical code requirements. The Technical Review Committee accepted the design of the project as proposed without revisions and recommended that the project be forwarded to the Planning Commission for review and approval. Page 270 CITY COUNCIL STAFF REPORT HDR DRC2018-00865 – APPEAL OF THE PLANNING COMMISSION’S APPROVAL OF HILLSIDE DESIGN REVIEW DRC2016-00672 NOVEMBER 7, 2018 Page 4 of 23 E. Correspondence Received Prior to Planning Commission: Staff received three letters from concerned residents prior to the Planning Commission. The three letters were received on June 20, 2018 (letter dated June 19, 2018), October 3, 2018 and October 7, 2018. All three letters reiterated similar concerns that had been put forth during the Neighborhood Meeting and the Design Review Committee meeting. F. Planning Commission Public Hearing: On October 10, 2018, the Planning Commission conducted a public hearing for the project (Attachment 1). Staff included the three letters of correspondence from the residents in the Staff Report for review and consideration by the Planning Commission (Attachments 7 and 8). In addition to the Staff Report and the letters of correspondence, the Planning Commission also received comments from two members of the public indicating opposition to the project on the day of the public hearing. Following their deliberations, the Commission approved the project in a 4-1 vote (4 in favor, 1 against) and adopted Resolution No. 18-69 that included special and standard conditions of approval (Attachment 2). G. Appeal Letter: On October 18, 2018, a letter was submitted to the City within the required 10- day period appealing the Planning Commission’s approval of the project (Attachment 6). The letter was signed by 11 residents (“the appellants”) from the neighborhood. ANALYSIS: A. General – Analysis to Appeal Issues: Several concerns were raised by residents in opposition to the project. The following topics of concern were identified in the letter of appeal are summarized as follows with Staff’s Analysis in italics: 1. Loss of Views: The appellants state that the project will negatively impact views as seen from neighboring, existing residences, and is inconsistent with the design standards and guidelines described in Section 17.122.020 – Hillside Development – of the Development Code. Staff Analysis: The project is subject to the development standards of the Hillside Overlay District (hereafter referred to as “the Overlay”). The standards that apply in the Overlay are established and described in Section 17.122.020 – Hillside Design Standards and Guidelines - of the Development Code. The Hillside Design Standards (Ordinance) is not a view preservation ordinance. It does not prohibit residents from impairing the views of others by restricting development or limiting development to a certain height. While it seeks to orient homes to allow view opportunities, it acknowledges that “such views may be limited” (Section 17.22,020.B.2). Instead, The Hillside Design Standards and Guidelines are divided into two types of requirements, “standards” and “guidelines”. The Standards are requirements that projects must comply with. There is limited flexibility to modify them. In contrast, guidelines are requirements that a project should follow, but permit a greater flexibility in the method to reach them. Section 17.122.020.B also contains multiple guidelines that are related to view preservation. These view preservation guidelines recommend that houses have, for example, variable setbacks and orientations, and be oriented in a way that preserves the natural contours of the land and preserves viewing opportunities. Some of the guidelines Page 271 CITY COUNCIL STAFF REPORT HDR DRC2018-00865 – APPEAL OF THE PLANNING COMMISSION’S APPROVAL OF HILLSIDE DESIGN REVIEW DRC2016-00672 NOVEMBER 7, 2018 Page 5 of 23 such as variable setbacks, variable building orientation, and clustering can only be applied to projects that are residential subdivisions as those projects have multiple structures that, collectively, could have different, i.e. variable setbacks; different (variable) building plot plans; and plotting buildings in a specific area on a project site while leaving the remainder undeveloped. It is not possible to do this with one house such as the proposed project. Also, the project site is within a previously approved subdivision where the existing property line dictate how much variability in setbacks, orientation, or location on the property is possible. However, the project complies with other guidelines of this Section due to, for example the architecture of the house and site grading. The Hillside Design Standards and Guidelines includes several architectural design standards (Section 17.122.020.D) that limit the loss of views. One of the architectural standards (Section 17.122.020.D.1.e) applies a maximum height limit for structures in the Overlay that is lower than the height limit that applies to single-family residential development outside of the Overlay (30 feet vs. 35 feet as measured from finished grade). A reduced height of 5 feet minimizes potential visual impacts to surrounding properties. Due to the contemporary architecture of the proposed house and the ADU, the roofs of both are flat (horizontal) which minimizes the overall height of the structures. The flat roof minimizes the massing and profile of the house above the second floor. Conventionally designed houses, including those on the adjacent properties, have pitched roofs. A pitched roof typically adds about 5 feet to a structure’s height. The roof is also terraced, with the front of the house having a lower roof line. This terracing allows for the second floor of the building to match the natural topography of the project site and adjacent properties. These design solutions implemented by the applicant help minimize the potential impact to the view to the south from the adjacent lots. The stricter height limit and terracing also ensures that the proposed house is lower in height relative to existing houses on the adjacent lots to the east and north. The highest point of the roof of the proposed house is roughly 11 feet lower than the highest point of the roof of the house on the lot to the east. The house to the north of the site is situated on a higher grade. The highest point of its roof is roughly 18 feet above the highest point of the roof of the proposed house. The deck of the second-floor balcony of that house to the north is roughly 5 feet above the highest point of the roof of the proposed house. The attached Elevations and Sections shows the heights of the house compared to existing residences (Attachment 9). Because the proposed house is at a lower grade and cannot exceed a height of 30 feet, it will not exceed the heights of the existing houses in the neighborhood. This was verified by the view poles that Design Review Committee member Rich Macias requested be installed on the project site. Therefore, the houses to the north and east of the property will be taller than the proposed house, and residents’ views in the direction generally to the south will not be substantially affected. Another architectural standard (Section 17.122.020.D.1.c) requires that parts of a dwelling unit such as a garage be detached. Residents in opposition to the project contend that if the garage was separate, the height of the house would be lower and minimize the view loss. The standard, however, only uses the garage as an example of what can be detached. Any section of the house can be separate in lieu of the suggested garage. In this particular case, the ADU is detached from the rest of the house, reducing the overall mass and scale of the primary residence. Page 272 CITY COUNCIL STAFF REPORT HDR DRC2018-00865 – APPEAL OF THE PLANNING COMMISSION’S APPROVAL OF HILLSIDE DESIGN REVIEW DRC2016-00672 NOVEMBER 7, 2018 Page 6 of 23 The design of the garage, despite being attached, meets the intent of the Hillside Design Standards and Guidelines. The garage is partially subterranean, and above the ground only at the front of the house to allow for vehicle access. The partially subterranean garage allows the overall height of the house to be significantly reduced when compared to the alternative of a detached above-ground structure. Construction of a subterranean garage allows the finished grade level to be lowered from the current grade of the site. The current grade of the site is roughly 10 feet higher than the lowered grade with the subterranean garage. Without the garage, the 30 feet maximum height limit would be measured starting from the current grade. With the subterranean design of the garage, the measurement of the 30 feet maximum height limit begins at the lowered grade level. The height of the house above existing grade levels is thereby reduced by 10 feet in turn. Without the attached subterranean garage, the height difference of 11 feet and 18 feet for the houses to the east and north, respectively, would be reduced to 1 foot and 8 feet, respectively. This reduction in the height difference would potentially create view loss for those adjacent houses. The Hillside Design Standards and Guidelines architectural standards (Section 17.122.020.D.1) also requires buildings to be terraced to follow slope, have grade separation that step up to the natural slope, and to orient the roof slope in the same direction as the natural slope. The house is situated on two finished surface levels, with a separation of roughly 11 feet between them. The house is terraced from north to south, with a design concept that follows the natural contour of the land. The flat roof design is also terraced and from north to south. These standards were designed to minimize the overbuilding of hillside lots or crowding and to preserve the natural features of the land and minimize the blocking of views. The house’s mass conforms to the natural slope, reducing in height as the grade decreases. As the proposed house will be at a lower height, that allows for the existing neighboring houses that are at a higher grade levels to maintain the view space proposed house’s roofline. While the architectural standards in Section 17.122.020.D indirectly help to protect the views of the existing houses, through the reduction of height, detachment of structures and terracing requirements as explained above, the Hillside Design Standards and Guidelines do not prohibit all view obstructions for individual houses in hillside neighborhoods in the way an easement might. The Hillside Design Standards and Guidelines establishes some view preservation requirements in Section 17.122.020.B. One such standard requires the views of “any significant public vista or view corridor as seen from a secondary collector or major arterial to be maintained.” The proposed house does not block any significant public vista or view corridors as defined on page LU-90 of the General Plan and identified in Figure LU-6 (Community Design Framework) on LU-75 of the General Plan. Public vista and view corridors include prominent major streets (e.g. Haven Avenue, Archibald Avenue, etc.) and scenic resources (e.g. stands of eucalyptus windrows, vineyard) that enhances views. Camino Predera and the nearby Red Hill Country Club Drive are local streets and are not classified as “Secondary”, “Collector”, or “Major Arterial” streets. These street types are identified in Figure CM-2 (Circulation Plan) on page CM-9 of the General Plan. Therefore, this standard is inapplicable to the Project. The plotting of the house follows the topography to the maximum extent possible. It is similar to the other houses in the neighborhood and oriented in the same manner, terraced from north to south, to preserve the natural characteristics of the hillside areas. The project also incorporates larger setbacks than required by the development standards applicable Page 273 CITY COUNCIL STAFF REPORT HDR DRC2018-00865 – APPEAL OF THE PLANNING COMMISSION’S APPROVAL OF HILLSIDE DESIGN REVIEW DRC2016-00672 NOVEMBER 7, 2018 Page 7 of 23 to the Low (L) Residential District that helps to protect the views of adjacent residents. For example, the primary residence has a rear yard building setback of 41 feet, 11 inches from the property line. This setback exceeds the required minimum rear yard building setback of 20 feet. The increased setback shifts the plotting of the house towards the front of the lot, which is at a lower part of the property. Because of the lower grade profile, the house is lower in height relative to the highest points of the existing houses to the north and east of the project site. If the house was plotted at the minimum rear yard building setback back, it would be located closer to the rear of the lot and at a higher elevation. A higher elevation would have resulted in a house with a greater maximum height relative to the surrounding properties and create a greater impact on views. Therefore, the proposed house meets the Hillside Design Standards and Guidelines by minimizing view loss impact using the required design standards. 2. Site Development: The appellants state that the project does not conform to the requirements of the Development Code and the Hillside Design Standards and Guidelines. Staff Analysis: The applicant proposes to construct a 6,175 square foot, three-story, single-family residence on the project site. The project complies with all the requirements of the Low (L) Residential District. The table below shows the lot coverage, setback and height of the project site compared to the requirements described in table 17.36.010-1 in the Development Code. Low (L) Residential District Requirement Project Lot Coverage (maximum) 40% 34% Height (maximum) 35 feet 30 feet Setbacks (minimum) Front 37 feet 53 feet Rear 20 feet 41 feet West 10 feet 10 feet East 5 feet 6.8 feet All setbacks are measured to the wall face of the house. Development Code Section 17.34.040 - Setback Requirements and Exceptions, states that eaves may project into required yards a maximum distance of 3 feet, provided such appendages are supported only at, or behind, the building setback line. The proposed residence has eaves that project 1’-6” into both side setback areas and a chimney that extends 2 feet into the west side setback area. Chimneys may project into required yards a maximum distance of 2 feet, provided such features shall be at least 3 feet from a property line. The chimney is set back 8 feet from the property line. As proposed, the project conforms to all development standards in the Development Code as required for new houses. As stated in the “Section A.1 - Loss of View” above, the project also complies with the provisions of the Hillside Design Standard and Guidelines, which seeks to facilitate appropriate development of hillside areas. The project site is an upslope lot with an elevation change from approximately 1365 feet (above sea level; ASL) at the rear/north property line to approximately 1330 feet (ASL) at the front/south property line, approximately 35 feet change from the north to the south property lines. Due to the change in grade, Staff required the house to be terraced to follow the natural contours of the Page 274 CITY COUNCIL STAFF REPORT HDR DRC2018-00865 – APPEAL OF THE PLANNING COMMISSION’S APPROVAL OF HILLSIDE DESIGN REVIEW DRC2016-00672 NOVEMBER 7, 2018 Page 8 of 23 project site. The house has split floors/finished pads and grade separations to permit the structure to “step up” with the natural slope. Design elements such as front-facing roof gables were not permitted at the front of the residence to ensure that the roof would be oriented in the same direction as the natural slope. The Hillside Design Standards and Guidelines section does not contain a specific requirement for either lot coverage or setback requirements. Therefore, the project is subject to and meets the lot coverage and setback requirements of the Low (L) Residential District. The design of the proposed house met all of these standards and guidelines as its visual massing is reduced and the floor plan of the house is terraced as intended by the Hillside Design Standard and Guidelines. 3. Compatibility: The appellants state that the project will not be compatible with the existing residences, and the hillside residential character of the neighborhood, near the project site, due to the mass and scale of the proposed house and the ADU onsite. Staff Analysis: The contemporary architecture of the proposed house allows for its floor area to be larger without a corresponding increase in the visible mass of the structures. The size of the proposed house (6,175 square feet) is larger than previously proposed houses built since 2000 along Camino Predera. Including the ADU, the combined floor area of the project is 6,849 square feet. Because the garage is located underground, 1,231 square feet of the structure would be obscured from view on three sides by the surrounding grade. As a result, the visible mass of the house above ground is 4,944 square feet. For comparison, that is less than the floor area of the house at 8054 Camino Predera (5,369 square feet) and 703 square feet more than the average floor area (4,241 square feet) of all the houses along Camino Predera that have been built since 2003. The scale and massing of the proposed house is similar to surrounding houses. The attached Elevations and Sections shows the heights of the proposed house compared to the existing houses (Attachment 8). The finished pad elevation of the first floor is 1,352 feet (ASL), and the garage pad elevation is 1,341 feet (ASL). The ADU has a finished floor elevation of 1,352 feet (ASL). The finished floor elevations of the houses to the west and east are 1,343 feet (ASL) and 1,359 feet (ASL), respectively. The average between the two floor elevations of those houses is 1,351 feet (ASL). The finished floor of the proposed house is approximately 1 foot higher than the average. The highest point of the proposed house, measured at the top of the roof, is 1,373 feet (ASL). The heights of the houses to the west and east are 1,363 feet (ASL) and 1,385 feet (ASL), respectively. The height of the proposed house is approximately 10 feet higher than the highest point of the house to the west and approximately 12 feet lower than the highest point of house to the east. Relative to the project site, the house to the north has a finished floor of approximately 1,372 feet (ASL). The height of the highest point of the house, as measured from the top of the roof, is 1,392 feet (ASL). The finished floor and finished height of the proposed house is 20 feet and 19 feet, respectively, below the corresponding features of the house to the north. The form and massing of the proposed house follows the topography of the surrounding area from north to south and from west and east. Therefore, the height of the house is generally compatible in Staff’s professional opinion with other houses and is in conformance with Section 17.122.020 – Hillside Development – of the Development Code. The partially subterranean garage also minimizes the footprint of the house, while allowing for additional living space for residents. The subterranean garage allows for the site to Page 275 CITY COUNCIL STAFF REPORT HDR DRC2018-00865 – APPEAL OF THE PLANNING COMMISSION’S APPROVAL OF HILLSIDE DESIGN REVIEW DRC2016-00672 NOVEMBER 7, 2018 Page 9 of 23 have 4,944 square feet of living space, while limiting the total lot coverage of the site to roughly 34% (3,437 square feet footprint). With an above ground garage, the main residence's footprint would increase as the lot coverage is calculated using the square footage of all above ground covered structures. The site could potentially have up to 40% lot coverage as permitted in the Low (L) Residential District. This second scenario of an above ground garage would entail a reduction in living square footage, as the above ground garage would increase the total site footprint from 3,437 square feet to 4,668 square feet (4% above the allowed lot coverage). The reduction to living space square footage would be accompanied by an expansion of the building’s above ground mass and footprint. In Staff’s professional opinion, the expansion of the building’s mass and footprint would make it less compatible with the existing residences in the neighborhood. Therefore, the size and arrangement of the components of the proposed house would keep it comparable in size with existing houses in the neighborhood while allowing for additional living space for the residents, resulting in a structure whose mass and scale is generally compatible with the neighborhood. The applicant has developed a proposal that complies with the Development Code. The proposal meets the technical and design standards and guidelines described in the Development Code. The house complies with all objective standards, such as size, height, and setbacks. In addition, Staff determined, and the Planning Commission found, that the overall design is generally compatible with the residential character of the neighborhood. However, the project's architectural style and aesthetic features and compatibility with the neighborhood is a subjective measure that the City Council must consider as part of the appeal. The Planning Commission recently approved Hillside Design Review DRC2015-00604 for a house on the south side of Camino Predera (Lot 4 of Tract 10035) on February 14, 2018. The approved proposal was for a 3-story, 3,778 square foot house with a contemporary architectural theme. The proposed house on Lot 12 was subject to the same design review process as the proposed house on Lot 35 that is the subject of this appeal. This process included a Neighborhood Meeting (held on August 17, 2017) with approximately 20 residents in attendance, and a review by Design and Technical Review Committees (held on November 14, 2017) that both recommended approval to the Planning Commission. The approval of that project by the Planning Commission was not appealed to the City Council. 4. Covenants, Conditions, and Restrictions (CC&Rs): The appellants state that the project also violates the CC&Rs established over the neighborhood (Attachment 10). The CC&Rs were recorded for Tract Map 10035 in August 1988, which consists of the 38 lots along Camino Predera. As noted previously, the subject property is Lot 35. The CC&Rs established restrictions for development of the tract, which includes a provision prohibiting the owners of a property within the tract from constructing any improvements that would unreasonably obstruct the view from any other lot in the project. The CC&Rs also prohibit the construction of an accessory dwelling unit. Staff Analysis: CC&Rs are private restrictions and requirements placed on each lot of a subdivision to protect and govern the rights of private property owners. Projects must comply with the City’s regulations but may also be subject to additional restrictions in the CC&Rs. While the City often reviews CC&Rs before they are recorded to ensure they comply with the conditions imposed on a subdivision map per Development Code Section Page 276 CITY COUNCIL STAFF REPORT HDR DRC2018-00865 – APPEAL OF THE PLANNING COMMISSION’S APPROVAL OF HILLSIDE DESIGN REVIEW DRC2016-00672 NOVEMBER 7, 2018 Page 10 of 23 16.18.060, the City does not enforce CC&Rs. In this case, the City has no legal standing to enforce the CC&Rs. The CC&Rs do not name the City as a party to the agreement, nor does it authorize the City to enforce requirements and restrictions placed upon property owners. Instead, the City exercises its land use controls to govern the development and use of land. Section 2.04 and 5.02 in the CC&Rs specifically outline procedures for resolving view obstruction disputes between property owners. In the event of a dispute between owners, the dispute shall be submitted to an Architectural and Landscape Committee consisting of members elected by the property owners. The Architectural and Landscape Committee would render a binding decision on the dispute. Property owners in dispute with the proposed improvements must resolve their dispute via the procedures established in the CC&Rs. The City cannot legally enforce these particular CC&Rs. Additionally, the CC&Rs expressly recognize the potential for future improvements on individual lots and the potential for these improvements to obstruct existing views in the neighborhood. The CC&Rs state “that the line of sight from Lots in the Project at the time such Lots were originally offered for sale to the public by Declarant may be subject to subsequent obstruction as a result of future construction or plantings by Declarant or other Owners." 5. Accessory Dwelling Unit (ADU): The appellants state that the project proposes an accessory dwelling unit that is out of compliance with Development Code Section 17.100.020 – Accessory Dwelling Units. The appellants also states that the accessory dwelling unit is not allowed per the CC&Rs (August 1988). At the October 10th public hearing, one speaker stated that the City is not required to permit ADUs because Government Code Section 65858.2(a)(1) includes the word “may” in describing the City’s authority over ADUs: “A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily use.” Staff Analysis: As previously stated in the Planning Commission Staff Report, ADUs are legally permitted in the State of California. The State passed Assembly Bill (AB) 2299 on September 27, 2016. The Bill went into effect on January 1, 2017. The Planning Commission reviewed and approved the proposed project on October 10, 2018. Therefore, the project falls under the requirements of the Bill. Senate Bill 1069 prohibits local governments from adopting an ordinance that precludes ADU’s and AB2299 requires local governments to ministerially approve ADU’s if the unit complies with certain parking requirements and is less than 1200 square feet in size. Under SB1069 and AB2299, the City cannot restrict the applicant from proposing and constructing an ADU that falls within these requirements as long as it complies with the other City requirements. The proposed ADU is 674 square feet and meets all other requirements. Although AB2299 regulates the square footage of the ADU, the Bill does not limit the City’s ability to regulate the scale of the building. Accessory structures such as ADUs are limited to a height of 16 feet in the rear yard (within 30 feet of the property line) per Development Code Section 17.42.040-1. The proposed ADU is partially embedded into the slope at rear of the property. The height of ADU is 15 feet as measured from finished grade (1,366 feet ASL). The ADU’s finish floor level is at 1,351 feet ASL, which is about 10 feet below the Page 277 CITY COUNCIL STAFF REPORT HDR DRC2018-00865 – APPEAL OF THE PLANNING COMMISSION’S APPROVAL OF HILLSIDE DESIGN REVIEW DRC2016-00672 NOVEMBER 7, 2018 Page 11 of 23 existing grade on the project site. Due to the ADU being embedded into the slope, the height of the roof is at about the same elevation as the rear property line. And, it is about 5 feet lower than the deck surface on the property to the north. Assembly Bill 2299 also takes precedence over the CC&Rs’ prohibition of accessory dwelling unit. Furthermore, as discussed in “Section A.4 - Covenants, Conditions, and Restrictions (CC&Rs)” above, the City has no legal standing to enforce the restrictions. Property owners in dispute with the proposed improvements must resolve their dispute via the procedures established in the CC&Rs. Regarding the comment from the public received at the Planning Commission public hearing on October 10, 2018, the language in Government Code Section 65858.2(a)(1) does not grant cities discretion to determine whether or not to allow ADUs within their jurisdiction. Instead, it allows cities to adopt ADU regulations that differ from the minimum requirements of state law. If the City does not adopt an ADU ordinance, then the statute’s minimal ADU regulations apply by default and the City would lose some control over new ADUs. The California Department of Housing and Urban Development has clearly stated that local governments cannot preclude ADUs. Additionally, on September 5, 2018 staff prepared and presented to City Council for consideration an ordinance to further regulate ADU’s in conformance with SB1069 and AB2299. The ordinance confirmed that ADU’s would be subject to the City’s current design standards, setbacks, height requirements and lot coverage requirements in lieu of allowing the unrestricted guidelines of AB 2299. The City Council unanimously voted to approve the ordinance. The ordinance became effective on October 19, 2018. B. Analysis to Comment Letter Submitted by Rakan and Maria Alamat: Several concerns were raised by appellants Mr. and Ms. Alamat in opposition to the project in a separate letter submitted to the City on October 3, 2018 (first letter of Attachment 8). The following topics of concern are summarized as follows with Staff’s Analysis in italics: 1. Previous Actions by Planning Commission and City Council: Mr. Alamat’s letter generally states that in 2004 the City Council reversed the Planning Commission’s approval of another, unrelated single-family residence that was proposed on Lot 12 of Tract 10035. The Commission approved that project and the approval was appealed to the City Council who “upheld the appeal and denied the project proposal” because of the distinctive residential character of the community, that it did not enhance nor continue the existing residential character, that the proposed design did not address the hillside setting and the applicable development standards, and it did not present design features and scale that are in keeping with the character of the area. Staff Analysis: The subject project, Hillside Design Review DRC2003-00961, was approved by the Planning Commission on May 26, 2004. The City Council reviewed an appeal of the approval on July 7, 2004 and directed staff to draft a resolution of approval to approve the appeal, thereby denying the project. At the following meeting on July 21, 2004, the City Council re-reviewed the appeal request. The City Council voted 4-1 to continue the appeal under consideration for one month to allow for the applicant, planning staff and residents to work out the issues. Following the meeting, the applicant worked with staff and the neighbors to revise the project design. The modified plans were Page 278 CITY COUNCIL STAFF REPORT HDR DRC2018-00865 – APPEAL OF THE PLANNING COMMISSION’S APPROVAL OF HILLSIDE DESIGN REVIEW DRC2016-00672 NOVEMBER 7, 2018 Page 12 of 23 resubmitted to the City Council for review on August 18, 2004. The City Council voted 5- 0 to uphold the decision of the Planning Commission. The house, at 8045 Camino Predera, was constructed and finaled for occupancy in 2007. 2. Hillside Ordinance: Mr. Alamat’s letter states that the project does not conform to Hillside “Ordinance” Section 17.122.020 – Hillside Development. Specifically: a. "The project does not comply with Development Code Section 17.122.020.B.1.a, 'Any significant public vista or view corridor as seen from a secondary collector or major arterial shall be maintained.' The view will be blocked." Staff Analysis: Development Code Section 17.122.020.B.1.a – This Development Code standard applies to public vistas or view corridors as seen from secondary collectors or major arterials. As stated above, neither Camino Predera nor Red Hill Country Club Drive are secondary collectors or major arterials. Therefore, this provision of the Hillside Ordinance is inapplicable to the Project. b. "The project does not comply with Development Code Section 17.122.020.B.2.b, 'Projects should incorporate clustering, variable setbacks, multiple orientations, and other site planning techniques to preserve open spaces, protect natural features, and offer views to residents.' This project offers unobstructed views to the developer, but obstructs views of adjacent neighbors behind the proposed project." Staff Analysis: Development Code Section 17.122.020.B.2.b – The purpose of this guideline is to incorporate certain design techniques that help preserve open spaces, protect natural features, and offer views to residents. It is not a requirement to provide views to all residents in the neighborhood. Techniques like clustering applies to the development of a residential subdivision, or similar, and is not an option for this project as it is one single-family residence. Furthermore, the plotting of the proposed house is consistent with that of the houses within the surrounding neighborhood. c. "The project does not comply with Development Code Section 17.122.020.D.1.c, 'Detach parts of a dwelling such as a garage.' The project includes two-story dwelling unit to be built on top of the garage." Staff Analysis: Development Code Section 17.122.020.D.1.c – This architectural standard requires that parts of a dwelling unit such as a garage be detached. As previously discussed, the design of the garage, despite being attached, meets the intent of the Hillside Design Standards and Guidelines. The garage is partially subterranean, and above the ground only at the front of the house to allow for vehicle access. The partially subterranean garage allows the overall height of the house to be significantly reduced when compared to the alternative of a detached above-ground structure. The proposed ADU meets the intent of Section 17.122.020.D.1.c in lieu of the garage, as it is a detached structure. d. "The project does not comply with Development Code Section 17.122.020.D.2.a, 'The design of the structure shall give consideration to the lot’s size and configuration in order to avoid the appearance of overbuilding or crowding and to minimize the blocking of views. For example, within a development, the majority of the units should not be designed with minimum setback to minimum setback.' Staff acknowledges this fact in Page 279 CITY COUNCIL STAFF REPORT HDR DRC2018-00865 – APPEAL OF THE PLANNING COMMISSION’S APPROVAL OF HILLSIDE DESIGN REVIEW DRC2016-00672 NOVEMBER 7, 2018 Page 13 of 23 their June 19, 2018 Report. This proposed project is going to be the largest dwelling on Camino Predera and it will block views." Staff Analysis: Development Code Section 17.122.020.D.2.a – The project’s design conforms to the Development Code and the Hillside Design Standards and Guidelines, the latter of which is established through the Hillside Ordinance. The house’s height is limited to 30 feet and terraced to follow the natural topography in the neighborhood. The home’s mass conforms to the natural slope, reducing in height as the grade decreases from north to south and east to west. The home has a flat roof and a subterranean garage. Both features reduce the mass and scale of the building. Lastly, the project meets all setback requirements and, in some cases, provides for increased setbacks. These design features were incorporated to minimize the overbuilding of hillside lots or crowding and to preserve the natural features of the land. In summary, the proposed house complies with the design and technical requirements described in the Section 17.122.020 – Hillside Development of the Development Code that were identified by Mr. Alamat. 3. Development Code: Mr. Alamat’s letter states that the project does not conform to the City’s Development Code. Specifically: a. “The design and layout of the proposed development doesn’t comply with applicable elements of the City’s General Plan.” Staff Analysis: The General Plan’s Goal LU-8 and Policies LU-8.1 through LU-8.10 contain hillside development guidelines and are relevant to this project. The intent of these Goals and Policies is to protect visually attractive hillsides through the regulation of new developments. The Goals and Policies establish that development should be sensitive to the natural form of the hillside. Development should limit the extent of onsite grading and provide for innovative design and arrangement of building site to retain significant habitat and features. Building designs, such as massing, height and architecture, should be designed in a way to blend into the surrounding hillside conditions. Lastly, the Policies recognize that the Development Code and Hillside Ordinance contain a comprehensive set of hillside development regulations. These regulations provide specific requirements that projects must adhere to and facilitate these goals and policies. As discussed in Section A – General above, the project’s design conforms to the Development Code and the Hillside Design Standards and Guidelines, the latter of which is established through the Hillside Ordinance. The house’s height is limited to 30 feet and terraced to follow the natural topography in the neighborhood. The home’s mass conforms to the natural slope, reducing in height as the grade decreases from north to south and east to west. The home has a flat roof and a subterranean garage. Both features reduce the mass and scale of the building. These design features were intended to minimize the overbuilding of hillside lots or crowding and to preserve the natural features of the land, as intended by the General Plan. Page 280 CITY COUNCIL STAFF REPORT HDR DRC2018-00865 – APPEAL OF THE PLANNING COMMISSION’S APPROVAL OF HILLSIDE DESIGN REVIEW DRC2016-00672 NOVEMBER 7, 2018 Page 14 of 23 b. “The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring, existing, or future developments. The views and enjoyment of the neighboring dwellings will be affected.” Staff Analysis: The project’s design conforms to the Development Code and the Hillside Design Standards and Guidelines, the latter of which is established through the Hillside Ordinance. The house’s height is limited to 30 feet and terraced to follow the natural topography in the neighborhood. The home’s mass conforms to the natural slope, reducing in height as the grade decreases from north to south and east to west. The home has a flat roof and a subterranean garage. Both features reduce the mass and scale of the building. Lastly, the project meets all setback requirements. These design features were incorporated to minimize the overbuilding of hillside lots or crowding and to preserve the natural features of the land. Furthermore, the plotting of the proposed house is consistent with that of the houses within the surrounding neighborhood. Therefore, the design and layout will not adversely impact use and enjoyment of neighboring, existing or future developments. c. “The architectural design of the proposed development is incompatible with the character of the surrounding neighborhood and will not maintain the harmonious, orderly and attractive development contemplated by this Section and General Plan of the City. The proposed project does not protect or maintain the already established residential neighborhood.” Staff Analysis: The General Plan includes a section dedicated to overall Community Design goals. The Community Design (LU-69 through LU-73) section establish General Design Principles the encourage high quality design of new homes in the City. The Principles encourage innovative design that strive to serve a community’s residents. The proposed residence has a contemporary design theme, which includes a variety of secondary materials and finishes. The architectural design of the residence also incorporates variations in the roof height to interrupt the wall plane at the side and rear elevations, creating visual interest. As previously mentioned, the building has a flat roof and a subterranean garage. Both unique design features help minimize view impacts. Thus, in Staff’s professional opinion the overall design of the building is high-quality and generally compatible with the surrounding houses in the neighborhood and along Camino Predera because of the use of features such as high quality materials, variations in roof height, and wall plane interruptions. While architectural style compatibility is often subjective, there is a lack of a uniform architectural style in the neighborhood and, in Staff’s professional opinion, concludes this style would be compatible because there is no uniform style in the neighborhood. d. “The design of the proposed development will not provide a desirable environment for its occupant and the visiting public as well as its neighbors.” Staff Analysis: The proposed project, a single-family residence, is on a vacant residential lot that is surrounded by residential development where there is existing infrastructure, e.g streets and utilities. It is subject to land use controls to ensure that infill development is compatible with neighboring uses. The proposed project is not a Page 281 CITY COUNCIL STAFF REPORT HDR DRC2018-00865 – APPEAL OF THE PLANNING COMMISSION’S APPROVAL OF HILLSIDE DESIGN REVIEW DRC2016-00672 NOVEMBER 7, 2018 Page 15 of 23 non-residential structure or use that would negatively impact the surrounding neighborhood. The project site is designated for residential development in the General Plan and Zoning Map. The project is subject to, and complies with, Section 17.122.020 – Hillside Development – of the Development Code as discussed in “Section A – General” above. Therefore, the project is unlikely to provide an undesirable environment for its neighbors. 4. General Plan – Guiding Principles: Mr. Alamat’s letter states that the project is not consistent with several Guiding Principles in the General Plan. Staff Analysis: Although the Guiding Principles (pages I-6 through I-10) of the General Plan establish overarching themes for development of the City. A “guiding principal is a dream about the future that is shared by the community.” The principles are vision statements that are general in nature that were set by the community for the development of the City. The General Plan is the foundation for many of the City’s regulatory documents, including the Development Code and design guidelines. All proposed development is evaluated and guided by the General Plan. This is accomplished through standards and guidelines in the Development Code that were derived from the Goals and Policies in the General Plan. These standards and guidelines are the specific requirements that projects must adhere to. Projects that conform to the Development Code standards are therefore consistent with the Guiding Principles in the General Plan. Staff has discussed in “Section A – General” above how this project complies with the Development Code and, therefore, the General Plan. 5. General Plan – Goals and Policies: Mr. Alamat’s letter states that the project is not consistent with several Goals and Policies in the General Plan. a. Mr. Alamat stated the project was not consistent with Goal LU-1 – “Ensure established residential neighborhoods are preserved and protected, and local and community- serving commercial and community facilities meet the needs of residents.” Staff Analysis: The proposed project, a single-family residence on a vacant residential lot by residential development. No demolition or removal of existing structures is proposed nor required. The proposed project is not a non-residential structure or use that is incompatible with the surrounding neighborhood. The project is subject to, and complies with, Section 17.122.020 – Hillside Development – of the Development Code as discussed in “Section A – General” above. Therefore, the project is consistent with Goal LU-1. b. Mr. Alamat stated the project was not consistent with Goal LU-2 – “Facilitate sustainable and attractive infill development that complements surrounding neighborhoods and is accessible to pedestrians, bicycles, transit, and automobiles.” Staff’s Analysis: This goal is more applicable to high density development such as mixed use project where the intention is for enhanced accessibility for pedestrians, bicycles, and transit. The proposed project, a single-family residence on a vacant residential lot within a low density single-family residential development. Page 282 CITY COUNCIL STAFF REPORT HDR DRC2018-00865 – APPEAL OF THE PLANNING COMMISSION’S APPROVAL OF HILLSIDE DESIGN REVIEW DRC2016-00672 NOVEMBER 7, 2018 Page 16 of 23 c. Mr. Alamat stated the project was not consistent with Policy LU-2.4 – “Promote complementary infill development, rehabilitation, and re-use that contribute positively to the surrounding residential neighborhood areas.” Staff Analysis: The proposed project, a single-family residence, is on a vacant residential lot that is surrounded by residential development where there is existing infrastructure, e.g streets and utilities. It is subject to land use controls to ensure that infill development is compatible with neighboring uses. The proposed project is not a non-residential structure or use that would negatively impact the surrounding neighborhood. The project site is designated for residential development in the General Plan and Zoning Map. The project is subject to, and complies with, Section 17.122.020 – Hillside Development – of the Development Code as discussed in “Section A – General” above. Therefore, the project is consistent with Policy LU-2.4. d. Mr. Alamat stated the project was not consistent with Policy LU-8.6 – “Require that hillside development minimize alteration of natural landforms, and encourage clustering where feasible to retain maximum open space.” Staff Analysis: The project was designed according to the standards and guidelines of Section 17.122.020 – Hillside Development – of the Development Code. The project maintains existing slopes to the extent that is feasible; does not obstruct or unnecessarily interfere with, for example, existing wildlife corridors, drainage patterns, and ridgelines. Clustering applies to the development of a residential subdivision, or similar, and is not an option for this project as it is one single-family residence. Furthermore, the plotting of the proposed house is consistent with that of the houses within the surrounding neighborhood. Therefore, the project is consistent with Policy LU-8.6. e. Mr. Alamat stated the project was not consistent with Policy LU-8.7 – “Blend hillside development with natural surroundings through architecture and the use of appropriate construction materials, colors, and natural vegetation.” Staff Analysis: The project is subject to, and complies with, Section 17.122.020 – Hillside Development – of the Development Code. The proposed project incorporates architecture and plotting that accommodates the natural terrain. The ADU is a detached structure contributes to achieving this outcome. The proposed house has massing, height, and a roof design that preserves the character of the hillside as discussed in “Section A – General” above. Therefore, the project is consistent with Policy LU-8.7. f. Mr. Alamat stated the project was not consistent with Policy LU-8.10 – “Hillside development shall be controlled by customized regulations.” Staff Analysis: The customized regulations that apply to the project are described in Section 17.122.020 – Hillside Development – of the Development Code. As discussed in “Section A – General” above, this project complies with that section of the Development Code. Therefore, the project is consistent with Policy LU-8.10. Page 283 CITY COUNCIL STAFF REPORT HDR DRC2018-00865 – APPEAL OF THE PLANNING COMMISSION’S APPROVAL OF HILLSIDE DESIGN REVIEW DRC2016-00672 NOVEMBER 7, 2018 Page 17 of 23 g. Mr. Alamat stated the project was not consistent with Policy LU-9.1 – “Preserve and enhance the special qualities of existing districts and neighborhoods through focused attention on land use, community design, and economic development.” Staff Analysis: The project is subject to design and technical standards/guidelines that are described in Section 17.122.020 – Hillside Development – of the Development Code. The purpose of these standards and guidelines is to ensure that the project does not negatively impact the surrounding neighborhood. As discussed in “Section A – General” above, this project complies with that section of the Development Code. Therefore, the project is consistent with Policy LU-9.1. h. Mr. Alamat stated the project was not consistent with Policy LU-13.1 – “On north- south roadways, open space corridors, and other locations where there are views of scenic resources, trees, and structures, encourage framing and orientation of such views at key locations, and endeavor to keep obstruction of views to a minimum.” Staff Analysis: The proposed house does not block any significant public vista or view corridors as defined in the General Plan. Public vista and view corridors include prominent major streets and scenic resources that enhances views. Camino Predera is a local street and is not classified as “Secondary”, “Collector”, or “Major Arterial” street. The project is subject to design and technical standards/guidelines that are described in Section 17.122.020 – Hillside Development – of the Development Code. The purpose of these standards and guidelines is to ensure that the project does not negatively impact scenic resources. As discussed in “Section A – General” above, this project complies with that section of the Development Code. Therefore, the project is consistent with Policy LU-13.1. 6. Miscellaneous Documents – Compass Strategies and Covenants, Conditions, and Restrictions (CC&Rs): Mr. Alamat’s letter states that the project is not consistent with these documents. Staff Analysis: The “Compass Blueprint” is a document that was cited in the Draft Program Environmental Impact Report that was prepared for the 2010 General Plan Update. The Compass Blueprint was prepared by the Southern California Association of Governments (SCAG), a regional planning organization consisting of six (6) counties including San Bernardino County. This document applies to the area subject to SCAG and is for the purpose of transportation planning and future bus rapid transit (BRT) on a regional level. The document was not designed to regulate specific, local-level projects such as the proposed project. It was cited in the 2010 General Plan Update DEIR in order to demonstrate its consistency with the Compass Blueprint. Additionally, the City obtained a grant from SCAG to prepare a focused-level study for the portion of Foothill Boulevard within the City. This study is consistent with the focus of SCAG’s regional-level study. Therefore, this document does not directly apply to the project. Regarding the Covenants, Conditions, and Restrictions (CC&Rs), CC&Rs are private restrictions and requirements placed on each lot of a subdivision to protect and govern the rights of private property owners. Projects must comply with the City’s regulations but may also be subject to additional restrictions in the CC&Rs. While the City often reviews CC&Rs before they are recorded to ensure they comply with the conditions imposed on a subdivision map per Development Code Section 16.18.060, the City does not enforce Page 284 CITY COUNCIL STAFF REPORT HDR DRC2018-00865 – APPEAL OF THE PLANNING COMMISSION’S APPROVAL OF HILLSIDE DESIGN REVIEW DRC2016-00672 NOVEMBER 7, 2018 Page 18 of 23 CC&Rs. In this case, the City has no legal standing to enforce the CC&Rs. The CC&Rs do not name the City as a party to the agreement, nor does it authorize the City to enforce requirements and restrictions placed upon property owners. Instead, the City exercises its land use controls to govern the development and use of land. Section 2.04 and 5.02 in the CC&Rs specifically outline procedures for resolving view obstruction disputes between property owners. In the event of a dispute between owners, the dispute shall be submitted to an Architectural and Landscape Committee consisting of members elected by the property owners. The Architectural and Landscape Committee would render a binding decision on the dispute. Property owners in dispute with the proposed improvements must resolve their dispute via the procedures established in the CC&Rs. The City cannot legally enforce these particular CC&Rs. Additionally, the CC&Rs expressly recognize the potential for future improvements on individual lots and the potential for these improvements to obstruct existing views in the neighborhood. The CC&Rs state “that the line of sight from Lots in the Project at the time such Lots were originally offered for sale to the public by Declarant may be subject to subsequent obstruction as a result of future construction or plantings by Declarant or other Owners." 7. Design Review Committee (Report): Mr. Alamat’s letter states that staff there are numerous incorrect facts stated in the Design Review Reports. Mr. Alamat’s states that staff failed to reference view loss as a major/minor concern. Staff Analysis: The proposed project complies with all the requirements of the Low (L) Residential District. The table below shows the lot coverage, setback and height of the project site compared to the requirements described in table 17.36.010-1 in the Development Code. Low (L) Residential District Requirement Project Lot Coverage (maximum) 40% 34% Height (maximum) 35 feet 30 feet Setbacks (minimum) Front 37 feet 53 feet Rear 20 feet 41 feet West 10 feet 10 feet East 5 feet 6.8 feet The project also complies with the provisions of the Hillside Design Standard and Guidelines, which seeks to facilitate appropriate development of hillside areas. The project site is an upslope lot with an elevation change from approximately 1365 feet (above sea level; ASL) at the rear/north property line to approximately 1330 feet (ASL) at the front/south property line, approximately 35 feet change from the north to the south property lines. Due to the change in grade, staff required the house to be terraced to follow the natural contours of the project site. The house has split finished pads and grade separations to permit the structure to “step up” with the natural slope. Design elements such as front-facing roof gables were not permitted at the front of the residence to ensure that the roof would be oriented in the same direction as the natural slope. The Hillside Design Standard and Guidelines section does not contain a specific requirement for either Page 285 CITY COUNCIL STAFF REPORT HDR DRC2018-00865 – APPEAL OF THE PLANNING COMMISSION’S APPROVAL OF HILLSIDE DESIGN REVIEW DRC2016-00672 NOVEMBER 7, 2018 Page 19 of 23 lot coverage or setback requirements. Therefore, the project is subject to and meets the lot coverage and setback requirements of the Low (L) Residential District. The design of the proposed home met all of these standards and guidelines as its visual massing is reduced and the floor plan of the house is terraced as intended by the Hillside Design Standard and Guidelines. 8. Design Review Committee (Findings): The letter notes that the Design Review Committee’s findings were not satisfied for this Project and he provides the following re- phrased statements from the Development Code: a. "The design and layout of the proposed development doesn’t comply with applicable elements of the City’s General Plan." b. "The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring, existing, or future developments. The views and enjoyment of the neighboring dwellings will be affected." c. "The architectural design of the proposed development is incompatible with the character of the surrounding neighborhood and will not maintain the harmonious, orderly and attractive development contemplated by this Section and General Plan of the City. The proposed project does not protect or maintain the already established residential neighborhood." d. "The design of the proposed development will not provide a desirable environment for its occupant and the visiting public as well as its neighbors." Staff Analysis: Per Section 17.20.040.C. of the Development Code, the "Design Review Committee will consider design elements, such as, but not limited to, compatibility of the project to surrounding properties, relationship of the design and layout of the project to the site, architectural design, and use of materials, grading, landscaping, screening and buffering techniques of adjacent properties, signs, and open space. This committee will determine if the project adequately meets city design guidelines and standards, and will transmit an appropriate recommendation to the Planning Commission. The recommendation of the design review committee will be based on the project conforming to the following criteria: a. The design and layout of the proposed development is consistent with the applicable elements of the city’s general plan, design guidelines of the appropriate district, and any adopted architectural criteria for specialized area, such as designated historic districts, theme areas, specific plans, community plans, boulevards, or planned developments. Finding: The General Plan land use designation and Zoning Map designation for the project site is Low Residential and Low (L) Residential District, respectively. The proposed project is consistent with the goals of the Low Residential land use designation. The proposed single-family dwelling residence complies with the Development Code such as setbacks, lot coverage, and architecture. It also complies with the standards/guidelines that apply to hillside development as specified in Hillside Design Standards and Guidelines of the Development Code Page 286 CITY COUNCIL STAFF REPORT HDR DRC2018-00865 – APPEAL OF THE PLANNING COMMISSION’S APPROVAL OF HILLSIDE DESIGN REVIEW DRC2016-00672 NOVEMBER 7, 2018 Page 20 of 23 b. The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring, existing, or future developments and will not create traffic or pedestrian hazards. Finding: The proposed single-family residence is of similar scale and size to that of the houses in the surrounding neighborhood and complies with the Hillside Design Standards and Guidelines of the Development Code. Construction of the proposed residence will comply with all related California Building Code standards to reduce impacts. c. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly, and attractive development contemplated by this section and the City’s General Plan. Finding: The architecture is compatible with the eclectic architectural themes of the existing houses throughout the Red Hill neighborhood. The contemporary architecture minimizes the building's massing, scale, and height thereby allowing it to conform with the Hillside Design Standards and Guidelines of the Development Code. This will minimize any impacts to views as seen from adjacent properties. d. The design of the proposed development would provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. Finding: The architecture was selected by the applicant's clients. Its contemporary architecture reflects one of the currently popular design aesthetics and incorporates high quality and aesthetically pleasing materials. C. Consistency with General Goals and Policies: The project is consistent with the Goals and Policies of the General Plan. The proposed home was subject to the same development procedures as other recently proposed homes along Camino Predera. Staff reviewed the project as proposed by the applicant and provided multiple rounds of feedback prior to deeming them complete. Staff required the applicant to modify the plans to conform to the requirements in the Development Code and the Hillside Design Standards and Guidelines. After the project was deemed complete, the applicant held a Neighborhood Meeting (May 22, 2018), and submitted the project to Design and Technical Review Committees (June 19, 2018) and to the Planning Commission (October 10, 2018) for review. The process for the proposed project is consistent with the intent of General Plan Goal LU-1 and LU-2, and General Plan Policies LU-1.1 and LU-2.4. The intent of these goals and policies is to provide a pathway for reviewing new development. The review process ensures that new developments do not diminish the quality of life in existing neighborhood, while encouraging development of residential lots that maximize efficient use of land where infrastructure is provided. The development procedure for the project incorporated multiple rounds of both internal and public review. The result of the process is an architecturally high-quality residential development, on existing vacant land serviced by existing infrastructure. Page 287 CITY COUNCIL STAFF REPORT HDR DRC2018-00865 – APPEAL OF THE PLANNING COMMISSION’S APPROVAL OF HILLSIDE DESIGN REVIEW DRC2016-00672 NOVEMBER 7, 2018 Page 21 of 23 The General Plan’s Goal LU-8 and Policies LU-8.1 through LU-8.10 contain hillside development guidelines and are relevant to this project. The intent of these Goals and Policies is to protect visually attractive hillsides through the regulation of new developments. The Goals and Policies establish that development should be sensitive to the natural form of the hillside. Development should limit the extent of onsite grading and provide for innovative design and arrangement of building site to retain significant habitat and features. Building designs, such as massing, height and architecture, should be designed in a way to blend into the surrounding hillside conditions. The Policies recognize that the Development Code and Hillside Ordinance contain a comprehensive set of hillside development regulations. These regulations provide specific requirements that projects must adhere to and facilitate these goals and policies. As discussed in Section A – General above, the project’s design conforms to the Development Code and the Hillside Design Standards and Guidelines, the latter of which is established through the Hillside Ordinance. The house’s height is limited to 30 feet and terraced to follow the natural topography in the neighborhood. The home’s mass conforms to the natural slope, reducing in height as the grade decreases from north to south and east to west. The home has a flat roof and a subterranean garage. Both features reduce the mass and scale of the building. These design features were intended to minimize the overbuilding of hillside lots or crowding and to preserve the natural features of the land, as intended by the Goals and Policies of the General Plan. The General Plan includes a section dedicated to overall Community Design goals. The Community Design (LU-69 through LU-73) section establish General Design Principles the encourage high quality design of new developments in the City. The Principles encourage innovative design that strive to serve a community’s residents. The Principles also encourage high-quality, architectural styles that promote “novel variations” from standardized model buildings. The proposed residence has a contemporary design theme, which includes a variety of secondary materials and finishes. The architectural design of the residence also incorporates variations in the roof height to interrupt the wall plane at the side and rear elevations, creating visual interest. As previously mentioned, the building has a flat roof and a subterranean garage. Both unique design features help minimize view impacts. The overall design of the building is high-quality and visually distinctive from existing homes in the neighborhood. However, the design of the residence is also generally compatible with the surrounding houses in the neighborhood and along Camino Predera because of, in Staff’s professional opinion, the lack of a uniform architectural style in the neighborhood. The architecture is consistent with the following four General Design Principles on page LU-69 and -70 of the General Plan: • Innovative design, regardless of its style, is more important to the achievement of “quality” than the use of any predetermined theme. Innovative design promotes the use of novel variations to solve common and unique problems in urban development. (An exception is where both theme and innovation are essential in districts with a strong historical character). • Rancho Cucamonga does not depend on standardized design solutions; “off the shelf” model buildings which may be accepted elsewhere are not necessarily the acceptable measure of quality design in the community. Page 288 CITY COUNCIL STAFF REPORT HDR DRC2018-00865 – APPEAL OF THE PLANNING COMMISSION’S APPROVAL OF HILLSIDE DESIGN REVIEW DRC2016-00672 NOVEMBER 7, 2018 Page 22 of 23 • Architectural styles should complement and augment surrounding development. They should convey a sense of thoughtfulness and not expediency. • Be wary of the same architectural style repeated too often or over too large an area. It can become boring and, as a result, no longer communicate quality. D. Alternative Recommendation: The proposal meets the technical and design standards and guidelines described in the Development Code, and it complies with all objective standards, such as size, height, and setbacks. However, the project's architectural style and aesthetic features and compatibility with the neighborhood is a subjective measure that the City Council must consider as part of the appeal. The City Council may conclude that the proposed single- family residence is not compatible with the other houses along Camino Predera and the Red Hill neighborhood, in general, for the following reasons: a. The contemporary architecture of the house is too unique and different from the architecture of the neighboring houses and houses throughout Red Hill. The area includes Craftsman bungalows constructed in the early 20th century, houses built following World War 2 that follow the Ranch style theme, and recently built houses with Spanish/Tuscan inspired themes; b. The floor area of the project is too large at 6,849 square feet overall relative to the floor area of the house at 8054 Camino Predera (5,369 square feet) and the average floor area (4,241 square feet) of all the houses along Camino Predera that have been built since 2003; c. The proposed house has three stories, as seen from the street, while the other houses are either one-story or two-story structures; d. The garage of the proposed house is large enough for 3 cars when the Development Code only requires a 2-car garage and many of the other houses in Red Hill have 2-car garages. If the City Council concludes that the project is not compatible, then the City Council may want to require the applicant to work with Staff on revising the proposal to achieve greater compatibility. The house could be subject to another review by the Design Review and Planning Commission for their recommendation. E. Environmental Assessment: The Planning Department staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines. The project qualifies as a Class 3 exemption under State CEQA Guidelines Section 15303 –– New Construction or Conversion of Small Structures. Section 15303 allows for the construction of a single-family residence in a residential zone. The proposed project is a single-family residence on a single lot within the Low (L) Residential District. The residence meets all applicable development standards and zoning regulations of the Development Code. Therefore, staff finds that there is no substantial evidence that the project will have a significant effect on the environment. F. 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. Staff received a letter from Rakan and Maria Page 289 CITY COUNCIL STAFF REPORT HDR DRC2018-00865 – APPEAL OF THE PLANNING COMMISSION’S APPROVAL OF HILLSIDE DESIGN REVIEW DRC2016-00672 NOVEMBER 7, 2018 Page 23 of 23 Alamat on October 31, 2018. The letter is attached for review and consideration by the City Council. FISCAL IMPACT: The project proponent will be responsible for paying one-time impact fees. These fees are intended to address the increased demand for City services due to the proposed project. The types of services that these impact fees would support include library services, transportation, infrastructure, animal services, police, parks, and community and recreation services. The proposed development will increase the value of the project site and the parcels will be assessed an annual property tax. A percentage of this annual tax is shared with the City. COUNCIL GOAL(S) ADDRESSED: The project does not address any specific City Council goals. 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. Staff received a letter from Rakan and Maria Alamat on October 31, 2018. The letter is attached (second letter in Attachment 8) for review and consideration by the City Council. ATTACHMENTS: Attachment 1 – Planning Commission Staff Report dated October 10, 2018 Attachment 2 – Planning Commission Resolution No. 18-69 for Hillside Design Review DRC2016-00672 Attachment 3 – Design Review Committee dated June 19, 2018 Attachment 4 – Planning Commission Adopted Minutes dated October 10, 2018 Attachment 5 – Planning Commission Full (Transcribed) Minutes dated October 10, 2018 Attachment 6 – Appeal Letter dated October 18, 2018 Attachment 7 – Correspondence in Opposition to the Project from Residents Attachment 8 – Correspondence in Opposition to the Project from Rakan and Maria Alamat dated October 3 and October 31, 2018 Attachment 9 – Elevations and Sections Attachment 10 – Covenants, Conditions, and Restrictions (CC&Rs) Page 290 MHUP2PL6.1BPL6.260.16'31.51'1 3 7 .9 8 '138.83'82.00'SETBACK25'-0"4'-6"18'-0"16'-0"55'-9 1/2"41'-11 1/2"4PL6.1SETBACK10'-0"SETBACK20'-0"5'-0"X3PL6.11PL6.1SETBACK5'-0"APL6.237'-0"CPL6.28'-0"2'-0"4'-8"25'-0 1/2"EXISTING LIGHT POLE TO REMAINCAMINO PREDERAEXISTING PARKWAY TO REMAINEXISTING SIDEWALK, CURB & GUTTER TO REMAINEXISTING SINGLE FAMILY RESIDENCE TO REMAIN (NOT A PART)EXISTING SINGLE FAMILY RESIDENCE TO REMAIN (NOT A PART)EXISTING SINGLE FAMILY RESIDENCE AND DECK TO REMAIN (NOT A PART)EXISTING PARKWAY, CURB & GUTTER TO BE REMOVED TO PROVIDE NEW DRIVE APPROACH PER CITY STANDARDS(60'-0" R.O.W.)8"3'-0"8"3'-0"8"5'-2"PROPOSED DETACHED ACCESSORY STRUCTURE -SECOND DWELLING UNITPROPOSED THREE STORY SINGLE FAMILY RESIDENCEPROPOSED CMU RETAINING WALL W/ STUCCO OVERPROPOSED CMU RETAINING WALL W/ STUCCO OVERPROPOSED CMU RETAINING WALL W/ STUCCO OVERLANDSCAPED AREA11'-10"ACCESSORY BLDG. = 496 SF. OK!20'-0" (1,654 SF x 30% = 496 SF)30'-0"30'-0"40'-8"10'-0"EXISTING CMU RETAINING TO REMAINEXISTING CMU RETAINING TO REMAIN24'-0"1'-6"1'-6"1'-6"1'-6"1'-6"1'-6"0"8"3'-0"8"3'-0"1'-6"1'-6"5'-1"8"3'-0"8"3'-0"8"3'-0"8"1'-6"EXISTING SEWERPROPOSED SEWER LATERALPROPOSED CMU RETAINING WALL W/ STUCCO OVERPROPOSED CONDENSING UNITS3'-0"8"3'-0"3'-4"8"3'-0"8"4'-0"3'-6"8"3'-0"EXISTING CHAIN LINK FENCE TO BE REMOVED AND REPLACED WITH WROUGHT IRON FENCE20'-0"17'-11"53'-0"6'-10"78.15 FS72.15 FS70.87 FS71.87 FSC2018 Doug Andresen, Architect expressly reserves his common law copyright and other property rights in these plans. These plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor are they to be assigned to any third party without first obtaining the express written permission and consent of Douglas Andresen, Architect.LICENSEDARCHITEC T S TAT EOFCALIFORNIADOUGLASANDRESE N No. C 14504Ren. 12-31-19C:\Users\AbrahamEsquivel\Andresen Architecture Inc\AAI Firm Admin -Cloud\1_Projects 2010-2019\2015\15-2433 Galvan CustomHome\Revit\OLD\15-2433 Galvan Custom Home 2018 (2018-11-26).rvt11/28/2018 4:59:50 PMPL1Site PlanProposed Custom Home For:Mr. & Mrs. Galvan5 June 201815-2433Camino Predera, Rancho Cucamonga, CA 91730Proposed Custom Home For:Mr. & Mrs. GalvanCamino Predera, Rancho Cucamonga, CA 917301" = 10'-0"Site PlanProject InformationOWNER: HECTOR & ANGELA GALVAN13203 LIMA DRIVERANCHO CUCAMONGA, CA 91739(951) 530-7134hector.galvan7@yahoo.comPROJECT ADDRESS: CAMINO PREDERARANCHO CUCAMONGA, CA 91730ARCHITECT: ANDRESEN ARCHITECTURE, INC.17087 ORANGE WAYFONTANA, CA 92335(800) 797-9483CONTACT: DOUG ANDRESENdoug@1architect.comCIVIL: BONDIMAN & ASSOCIATES, INC.234 NORTH ARROWHEAD AVE.SAN BERNARDINO, CA 92408(909) 885-3806CONTACT: EDWARD J. BONADIMANed@bonadiman.comLANDSCAPE ARCHITECT: RICHARD POPE AND ASSOCIATES1585 SOUTH 'D' STREET, SUITE 103SAN BERNARDINO, CA 92408(909) 888-5568CONTACT: RICHARD POPErpa.la@verizon.netBuilding DataAPN: 0207-641-12ZONING: L (LOW RESIDENTIAL)OCCUPANCY: GROUP R / U-1CONSTRUCTION: TYPE V-BFIRE SPRINKLERS: REQUIREDLEGAL DESCRIPTION: TRACT NO 10035 LOT 35PROJECT DESCRIPTION: PROPOSED SINGLE FAMILY CUSTOM HOME AND SECONDDWELLING UNIT IN THE REAR YARDLOT AREA: 12,044 SQ. FT.LOT COVERAGE:FOOTPRINT AREA - RESIDENCE: 3,437 SQ. FT.FOOTPRINT AREA - ACCESSORYSTRUCTURE:674 SQ. FT.TOTAL FOOTPRINT: 4,111 SQ. FT.34.1 %ELEVATION HEIGHT DISTANCEBETWEEN SIDEWALK AND HIGH ROOF:73.47 - 32.71 = 40.76'Sequence Of Drawings - DRNumber DescriptionPL1 Site PlanPL1.1 Site InformationPL2 Renderings & 3D ViewsPL3 Garage PlanPL4 First Floor PlanPL5 Second Floor & Roof PlanPL6.1 SectionsPL6.2 Sections & 2nd Dwelling Elev.PL7 South & East ElevationsPL8 North & West ElevationsPL9 Wall & Fence PlanPL10 Site PlanPL11 Front Elevation & SectionsSP1 Preliminary Grading PlanSP1. Site SectionsSP-2 Preliminary Cut / Fill PlanL-1 Conceptual Landscape PlanDRC2016-00672Area Schedule By Floor - Main HouseName AreaGarageGarage Area 969 SFStair #1 175 SFStair #2 87 SF1231 SF1st FloorFirst Floor Area 2104 SFStorage 129 SFCovered Patio 713 SFCovered Entry 109 SF3055 SF2nd FloorSecond Floor Area 1394 SFDeck 317 SFCovered Deck 178 SF1889 SFArea Schedule - Main HouseName AreaLiving AreaFirst Floor Area 2104 SFSecond Floor Area 1394 SF3498 SFNon-Living AreaGarage Area 969 SFStair #1 175 SFStair #2 87 SFStorage 129 SFCovered Patio 713 SFCovered Entry 109 SFDeck 317 SFCovered Deck 178 SF2677 SFGrand total 6175 SFArea Schedule - 2nd DwellingName AreaDetached Structure - Living AreaSecond Dwelling Unit 496 SF496 SFDetached Structure - Non-Living AreaCovered Porch - 2DU 178 SF178 SFGrand total 674 SF(PREVIOUSLY APPROVED)Page 291 DWTREF.DWUPR 660' - 0"674 SFBuilding Footprint3437 SFBuilding FootprintAreas LegendBuilding FootprintHadscape AreaLandscape Area10'-0"5'-0"16'-0"25'-0"5'-0"20'-0"1101 SFHadscape Area885 SFLandscape Area330 SFLandscape AreaFront yard calculation:Total Area = 2,316 SFLandscape Area = 1,215 SF = 52.5%Hardscape Area = 1,101 SF = 47.5%Lot Coverage:Lot Area = 12,044 SFBuilding Footprint = 3,437 SF + 674 SF = 4,111 SF = 34.1%C2018 Doug Andresen, Architect expressly reserves his common law copyright and other property rights in these plans. These plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor are they to be assigned to any third party without first obtaining the express written permission and consent of Douglas Andresen, Architect.LICENSEDARCHITEC T S TAT EOFCALIFORNIADOUGLASANDRESE N No. C 14504Ren. 12-31-19C:\Users\AbrahamEsquivel\Andresen Architecture Inc\AAI Firm Admin -Cloud\1_Projects 2010-2019\2015\15-2433 Galvan CustomHome\Revit\OLD\15-2433 Galvan Custom Home 2018 (2018-11-26).rvt11/28/2018 4:59:59 PMPL1.1Site InformationProposed Custom Home For:Mr. & Mrs. Galvan5 June 201815-2433Camino Predera, Rancho Cucamonga, CA 917301" = 80'-0"Site Utilization Map1/8" = 1'-0"Lot Coverage ExhibitPreliminary Conditions of ApprovalDRC2016-00672(PREVIOUSLY APPROVED)Page 292 2PL6.1BPL6.24PL6.1X3PL6.11PL6.1APL6.2CPL6.2CAMINO PREDERA(60'-0" R.O.W.)EXISTING RETAINING WALL TO REMAIINEXISTING RETAINING WALL TO REMAIIN(N) 3'-0" HIGH CMU RETAINING WALL WITH STUCCO FINISH(N) 6'-0" HIGH CMU RETAINING WALL WITH STUCCO FINISH(N) 6'-3" HIGH CMU RETAINING WALL WITH STONE VENEER TO MATCH RESIDENCE(N) 3'-0" HIGH CMU RETAINING WALL WITH STUCCO FINISH(N) 3'-0" HIGH CMU RETAINING WALL WITH STUCCO FINISH(N) 1'-0" HIGH CMU WALL WITH STUCCO FINISH(N) 2'-0" HIGH CMU WALL (1'-0" RETAINING) WITH STUCCO FINISH(N) 10'-0" HIGH CMU RETAINING WALL WITH STUCCO FINISH(N) 2'-0" HIGH CMU RETAINING WALL WITH STUCCO FINISH(N) 3'-0" HIGH CMU RETAINING WALL WITH STUCCO FINISH(N) 3'-0" HIGH CMU RETAINING WALL WITH STUCCO FINISH(N) 3'-0" HIGH CMU RETAINING WALL WITH STUCCO FINISH(N) 3'-6" HIGH CMU RETAINING WALL WITH STUCCO FINISH (4'-0" MAX.)(N)4'-0" HIGH CMU RETAINING WALL WITH STUCCO FINISH(N) 3'-6" HIGH CMU RETAINING WALL WITH STUCCO FINISH (4'-0" MAX.)(N) 4'-0" HIGH CMU RETAINING WALLWITH STUCCO FINISH(N) 3'-0" HIGH CMU RETAINING WALL WITH STONE VENEER TO MATCH RESIDENCEPL92PL93PL99PL98PL97PL912PL913PL917PL915PL916PL919PL910PL911PL95PL96PL94PL914PL915'-2"8"3'-0"8"3'-0"8"21'-5"8"3'-0"8"3'-0"3'-4"8"3'-0"8"4'-0"8"7'-8"3'-8"8"9'-8"5'-1"8"3'-0"8"3'-0"8"3'-0"8"3'-0"8"3'-0"8"3'-0"8"3'-5"8"8"8'-5"8"PL918PL97BEXISTING CHAIN LINK FENCE TO BE REMOVED AND REPLACED WITH WROUGHT IRON FENCE (L=83'-0")PL11101PL6.154.60 TW51.10 FG50.10 TF3'-6"FG1PL6.158.10 TW54.43 FG53.43 TF3'-8"FG4PL6.150.98 FG50.29 TF54.96 TW4'-0"FG4PL6.158.46 TW54.96 FG52.46 TF3'-6"FG4PL6.161.96 TW58.46 FG55.96 TF3'-6"FGBPL6.2APL6.2CPL6.247.40 TW44.40 TWFG4'-0"BPL6.2APL6.2CPL6.254.00 TW51.78 TW51.41 TW47.40 TW44.40 TW48.44 FG46.08 TF46.78 TF3'-0"FG54.00 TW50.44 TF52.09 FG1'-11"FG65.50 TW61.96 TW58.96 TW58.60 TW58.46 TW52.96 TF53.27 TF4'-0"54.96 FG4'-0"FG3'-9"3'-9"54.96 TW50.98 TG51.85 FS50.29 TFFG3'-1"4'-0"2PL6.1X3PL6.11PL6.144.40 TW41.42 FG41.27 FG3'-0"FG1PL6.147.40 TW52.08 FF42.13 FG45.88 FG42.73 TF44.40 TW2'-3"PROPOSED SFR3'-0"FG37.52 TW36.65 TWDRIVEWAY36.65 FG1'-10"CPL6.246.08 TW45.15 TW43.54 TWDRIVEWAY40.57 FS40.39 FS40.08 FS6'-0"FG6'-0"6'-0"46.52 TW46.35 TW2PL6.1X3PL6.138.06 TW39.93 TW37.18 TW38.96 TWDRIVEWAY2'-7"3'-0"FGCPL6.2DRIVEWAY38.96 TW39.93 TW42.37 TW41.18 TWFG2'-8"44.40 TWFGSTEPS2PL6.14PL6.13PL6.11PL6.161.70 TW65.50 TWSECOND DWELLING UNITFGFGRIBBON GUTTER (DASH LINE)RIBBON GUTTER(DASH LINE)3'-9"3'-10"TOP OF RETAINING WALLFG54.00 TW54.60 TW51.02 FG3'-0"3'-6"51.27 TW50.60 TWFG49.27 TW3'-7"3'-8"C2018 Doug Andresen, Architect expressly reserves his common law copyright and other property rights in these plans. These plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor are they to be assigned to any third party without first obtaining the express written permission and consent of Douglas Andresen, Architect.LICENSEDARCHITEC T S TAT EOFCALIFORNIADOUGLASANDRESE N No. C 14504Ren. 12-31-19C:\Users\AbrahamEsquivel\Andresen Architecture Inc\AAI Firm Admin -Cloud\1_Projects 2010-2019\2015\15-2433 Galvan CustomHome\Revit\OLD\15-2433 Galvan Custom Home 2018 (2018-11-26).rvt11/28/2018 5:00:04 PMPL9Wall & FencePlanProposed Custom Home For:Mr. & Mrs. Galvan5 June 201815-2433Camino Predera, Rancho Cucamonga, CA 917301" = 10'-0"Wall & Fence Plan1/8" = 1'-0"2Wall Elevation1/8" = 1'-0"3Wall Elevation1/8" = 1'-0"4Wall Elevation1/8" = 1'-0"5Wall Elevation1/8" = 1'-0"6Wall Elevation1/8" = 1'-0"8Wall Elevation1/8" = 1'-0"9Wall Elevation1/8" = 1'-0"7Wall Elevation1/8" = 1'-0"11Wall Elevation1/8" = 1'-0"10Wall Elevation1/8" = 1'-0"12Wall Elevation1/8" = 1'-0"13Wall Elevation1/8" = 1'-0"19Wall Elevation1/8" = 1'-0"17Wall Elevation1/8" = 1'-0"15Wall Elevation1/8" = 1'-0"16Wall Elevation1/8" = 1'-0"14Wall Elevation1/8" = 1'-0"1Wall Elevation1/8" = 1'-0"7BWall Elevation1/8" = 1'-0"18Wall ElevationDRC2016-00672(PREVIOUSLY APPROVED)Page 293 MHUPX60.16'31.51'1 3 7 .9 8 '138.83'82.00'SETBACK25'-0"4'-6"18'-0"16'-0"55'-9 1/2"41'-11 1/2"SETBACK10'-0"SETBACK20'-0"5'-0"SETBACK5'-0"37'-0"4'-8"25'-0 1/2"11'-10"ACCESSORY BLDG. = 496 SF. OK!20'-0" (1,654 SF x 30% = 496 SF)30'-0"30'-0"40'-8"10'-0"24'-0"20'-0"17'-11"53'-0"6'-10"78.15 FS72.15 FS70.87 FS71.87 FS56.63 NG58.71 NG53.84 NG52.76 NG48.23 NG47.52 NG57.27 NG58.27 NG58.69 NG(42'-5 1/2")64.84 RF73.27 RF73.27 RF72.27 RF72.27 RF72.27 RF56.73 NG71.27 RF72.27 RF64.84 RF64.84 RF72.27 RF(17'-4")(16'-7")(19'-6")(17'-5")(15'-6")(13'-7")(13'-7")(15'-0")(16'-0")(8'-2")52.27 NG(20'-0")70.44 RF52.57 NG(17'-10")65'-5"5'-5"60'-0"33'-4"14'-5"30'-8"19'-0"40'-1"40'-11"(44'-6")(69'-4")(63'-11")10'-0"9'-0"23'-4"(12'-0")(12'-4")65.98 RF60.48 NG65.98 RF61.16 NG(5'-6")(4'-10")19'-0"(21'-6")2PL1131.9029.3041.1761.9784.9079.9091.948072 CAMINO PREDERA8062 CAMINO PREDERA8553 RED HILL COUNTRY CLUB DR3PL1142%75° 34' 16"20%34° 50' 15"38%69° 35' 29"100%180° 00' 00"100%180° 00' 00"74%133° 21' 39"11%19° 02' 46"15%27° 35' 35"Proposed Custom Home For:Mr. & Mrs. Galvan5 June 2018Camino Predera, Rancho Cucamonga, CA 91730DRC2016-00672DRC2016-00672(PREAPPRPage 294 MHUPUP2PL6.1BPL6.260.16'31.51'1 3 7 .9 8 '138.83'82.00'SETBACK25'-0"4'-6"18'-0"16'-0"55'-10"25'-0"11'-10"5'-2"4PL6.1SETBACK10'-0"SETBACK20'-0"5'-0"3PL6.11PL6.1SETBACK5'-0"APL6.237'-0"CPL6.28'-0"2'-0"4'-8"EXISTING LIGHT POLE TO REMAINCAMINO PREDERAEXISTING PARKWAY TO REMAINEXISTING SIDEWALK, CURB & GUTTER TO REMAINEXISTING SINGLE FAMILY RESIDENCE TO REMAIN (NOT A PART)EXISTING SINGLE FAMILY RESIDENCE TO REMAIN (NOT A PART)EXISTING SINGLE FAMILY RESIDENCE AND DECK TO REMAIN (NOT A PART)EXISTING PARKWAY, CURB & GUTTER TO BE REMOVED TO PROVIDE NEW DRIVE APPROACH PER CITY STANDARDS(60'-0" R.O.W.)8"3'-0"8"3'-0"8"5'-1 31/32"PROPOSED DETACHED ACCESSORY STRUCTURE -SECOND DWELLING UNITPROPOSED TWO STORY SINGLE FAMILY RESIDENCEPROPOSED CMU RETAINING WALL W/ STUCCO OVERPROPOSED CMU RETAINING WALL W/ STUCCO OVERLANDSCAPED AREA11'-10 3/32"ACCESSORY BLDG. = 496 SF. OK!20'-0" (1,654 SF x 30% = 496 SF)30'-0"30'-0"EXISTING CMU RETAINING TO REMAINEXISTING CMU RETAINING TO REMAIN24'-0"2'-6"8"1'-4"8"3'-0"1'-6"1'-6"5'-0 31/32"8"3'-0"8"3'-0"8"3'-0"8"EXISTING SEWERPROPOSED SEWER LATERALPROPOSED CMU RETAINING WALL W/ STUCCO OVERPROPOSED CONDENSING UNITS3'-0"8"3'-0"3'-4"8"4'-0"EXISTING CHAIN LINK FENCE TO BE REMOVED AND REPLACED WITH WROUGHT IRON FENCE20'-0"17'-10 3/4"3'-4"25'-0"12'-0"78.15 FS72.15 FS70.87 FS71.87 FS12'-8"7'-6"32.7712'-8"3'-3"25'-0"64.8164.8165.42OVERHEAD1'-6"28'-4"30'-0"PROPOSED CMU RETAINING WALL W/ STUCCO OVERC2018 Doug Andresen, Architect expressly reserves his common law copyright and other property rights in these plans. These plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor are they to be assigned to any third party without first obtaining the express written permission and consent of Douglas Andresen, Architect.LICENSEDARCHITEC T S TAT EOFCALIFORNIADOUGLASANDRESE N No. C 14504Ren. 12-31-19C:\Users\AbrahamEsquivel\Andresen Architecture Inc\AAI Firm Admin - Cloud\1_Projects 2010-2019\2015\15-2433 Galvan Custom Home\Revit\15-2433 Galvan Custom Home 2018.rvt11/28/2018 4:47:08 PMPL1Site PlanProposed Custom Home For:Mr. & Mrs. Galvan28 Nov. 201815-2433Camino Predera, Rancho Cucamonga, CA 91730Proposed Custom Home For:Mr. & Mrs. GalvanCamino Predera, Rancho Cucamonga, CA 917301" = 10'-0"Site PlanProject InformationOWNER: HECTOR & ANGELA GALVAN13203 LIMA DRIVERANCHO CUCAMONGA, CA 91739(951) 530-7134hector.galvan7@yahoo.comPROJECT ADDRESS: CAMINO PREDERARANCHO CUCAMONGA, CA 91730ARCHITECT: ANDRESEN ARCHITECTURE, INC.17087 ORANGE WAYFONTANA, CA 92335(800) 797-9483CONTACT: DOUG ANDRESENdoug@1architect.comCIVIL: BONDIMAN & ASSOCIATES, INC.234 NORTH ARROWHEAD AVE.SAN BERNARDINO, CA 92408(909) 885-3806CONTACT: EDWARD J. BONADIMANed@bonadiman.comLANDSCAPE ARCHITECT: RICHARD POPE AND ASSOCIATES1585 SOUTH 'D' STREET, SUITE 103SAN BERNARDINO, CA 92408(909) 888-5568CONTACT: RICHARD POPErpa.la@verizon.netBuilding DataAPN: 0207-641-12ZONING: L (LOW RESIDENTIAL)OCCUPANCY: GROUP R / U-1CONSTRUCTION: TYPE V-BFIRE SPRINKLERS: REQUIREDLEGAL DESCRIPTION: TRACT NO 10035 LOT 35PROJECT DESCRIPTION: PROPOSED SINGLE FAMILY CUSTOM HOME AND SECONDDWELLING UNIT IN THE REAR YARDLOT AREA: 12,044 SQ. FT.LOT COVERAGE:FOOTPRINT AREA - RESIDENCE: 4,308 SQ. FT.FOOTPRINT AREA - ACCESSORYSTRUCTURE:496 SQ. FT.TOTAL FOOTPRINT: 4,804 SQ. FT.39.88%ELEVATION HEIGHT DISTANCEBETWEEN SIDEWALK AND HIGH ROOF:64.81 - 32.71 = 32.10Sequence Of Drawings - DRNumber DescriptionPL1 Site PlanPL1.1 Site InformationPL2 Renderings & 3D ViewsPL3 Garage PlanPL4 First Floor PlanPL5 Roof PlanPL6.1 SectionsPL6.2 Sections & 2nd Dwelling Elev.PL7 South & East ElevationsPL8 North & West ElevationsPL9 Wall & Fence PlanPL10 Site PlanPL11 Front Elevation & SectionsSP1 Preliminary Grading PlanSP1. Site SectionsSP-2 Preliminary Cut / Fill PlanL-1 Conceptual Landscape PlanDRC2016-00672Area Schedule By Floor - Main HouseName AreaGarageStair #1 420 SFStair #2 168 SFBonus Room 794 SFTwo Car Garage 607 SFOne Car Garage 271 SFStorage 142 SF2,401 SF1st FloorFirst Floor Area 3,136 SFBalcony 151 SFCovered Patio 713 SFCovered Entry 88 SF4,088 SFArea Schedule - Main HouseName AreaLiving AreaStair #1 420 SFStair #2 168 SFBonus Room 794 SFFirst Floor Area 3,136 SF4,518 SFNon-Living AreaTwo Car Garage 607 SFOne Car Garage 271 SFStorage 142 SFBalcony 151 SFCovered Patio 713 SFCovered Entry 88 SF1,972 SFGrand total 6,490 SFArea Schedule - 2nd DwellingName AreaDetached Structure - Living AreaSecond Dwelling Unit 496 SF496 SFGrand total 496 SF(REDESIGN)Page 295 UPUPDWTREF.DWUPUPUPR 660'-0"496 SFBuilding Footprint4,308 SFBuilding FootprintAreas LegendBuilding FootprintHardscape AreaLandscape Area10'-0"5'-0"16'-0"25'-0"5'-0"20'-0"1,182 SFHardscape Area1,788 SFLandscape Area328 SFLandscape AreaFront yard calculation:Total Area = 3,354 SFLandscape Area = 2,116 SF = 63.09%Hardscape Area = 1,238 SF = 36.91%Lot Coverage:Lot Area = 12,044 SFBuilding Footprint = 4,308 SF + 496 SF = 4,804 SF = 39.88%56 SFHardscape AreaC2018 Doug Andresen, Architect expressly reserves his common law copyright and other property rights in these plans. These plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor are they to be assigned to any third party without first obtaining the express written permission and consent of Douglas Andresen, Architect.LICENSEDARCHITEC T S TAT EOFCALIFORNIADOUGLASANDRESE N No. C 14504Ren. 12-31-19C:\Users\AbrahamEsquivel\Andresen Architecture Inc\AAI Firm Admin - Cloud\1_Projects 2010-2019\2015\15-2433 Galvan Custom Home\Revit\15-2433 Galvan Custom Home 2018.rvt11/28/2018 4:47:15 PMPL1.1Site InformationProposed Custom Home For:Mr. & Mrs. Galvan28 Nov. 201815-2433Camino Predera, Rancho Cucamonga, CA 917301" = 80'-0"Site Utilization Map1/8" = 1'-0"Lot Coverage ExhibitPreliminary Conditions of ApprovalDRC2016-00672(REDESIGN)Page 296 UPUP2PL6.1BPL6.24PL6.13PL6.11PL6.1APL6.2CPL6.2CAMINO PREDERA(60'-0" R.O.W.)EXISTING RETAINING WALL TO REMAIINEXISTING RETAINING WALL TO REMAIIN(N) 3'-0" HIGH CMU RETAINING WALL WITH STUCCO FINISH(N) 6'-0" HIGH CMU RETAINING WALL WITH STUCCO FINISH(N) 6'-3" HIGH CMU RETAINING WALL WITH STONE VENEER TO MATCH RESIDENCE(N) 3'-0" HIGH CMU RETAINING WALL WITH STUCCO FINISH(N) 3'-0" HIGH CMU RETAINING WALL WITH STUCCO FINISH(N) 1'-0" HIGH CMU WALL WITH STUCCO FINISH(N) 2'-0" HIGH CMU WALL (1'-0" RETAINING) WITH STUCCO FINISH(N) 10'-0" HIGH CMU RETAINING WALL WITH STUCCO FINISH(N) 2'-0" HIGH CMU RETAINING WALL WITH STUCCO FINISH(N) 3'-0" HIGH CMU RETAINING WALL WITH STUCCO FINISH(N) 3'-0" HIGH CMU RETAINING WALL WITH STUCCO FINISH(N) 3'-0" HIGH CMU RETAINING WALL WITH STUCCO FINISH(N) 3'-6" HIGH CMU RETAINING WALL WITH STUCCO FINISH (4'-0" MAX.)(N)4'-0" HIGH CMU RETAINING WALL WITH STUCCO FINISH(N) 3'-6" HIGH CMU RETAINING WALL WITH STUCCO FINISH (4'-0" MAX.)(N) 4'-0" HIGH CMU RETAINING WALLWITH STUCCO FINISH(N) 3'-0" HIGH CMU RETAINING WALL WITH STONE VENEER TO MATCH RESIDENCEPL92PL93PL99PL98PL97PL913PL917PL915PL916PL910PL911PL95PL96PL94PL915'-1 31/32"8"3'-0"8"3'-0"8"21'-4 13/16"8"3'-0 1/32"8"2'-11 31/32"3'-4"8"4'-0"5'-0 31/32"8"3'-0"8"3'-0"8"3'-0"8"3'-0"8"1'-4"8"PL97BEXISTING CHAIN LINK FENCE TO BE REMOVED AND REPLACED WITH WROUGHT IRON FENCE (L=83'-0")PL11101PL6.154.60 TW51.10 FG50.10 TF3'-6"FG1PL6.158.10 TW54.43 FG53.43 TF3'-8"FG4PL6.150.98 FG50.29 TF54.96 TW3'-11 3/4"FG4PL6.158.46 TW54.96 FG52.46 TF3'-6"FG4PL6.161.96 TW58.46 FG55.96 TF3'-6"FGBPL6.2APL6.2CPL6.247.40 TW44.40 TWFG4'-0"BPL6.2APL6.2CPL6.254.00 TW51.78 TW51.41 TW46.50 TW48.44 FG46.08 TF46.78 TF2'-11 21/32"FG54.00 TW50.44 TF52.09 FG1'-11 1/4"FG65.50 TW61.96 TW58.96 TW58.60 TW58.46 TW52.96 TF53.27 TF4'-0"54.96 FG3'-11 11/16"FG3'-9 3/16"3'-9"54.96 TW50.98 TG51.85 FS50.29 TFFG3'-1 5/16"3'-11 3/4"1PL6.146.50 TW52.08 FF42.13 FG38.67 TF2'-3 7/32"PROPOSED SFR2'-1 3/16"FGCPL6.2DRIVEWAY40.57 FS40.39 FS40.08 FSFG6'-0"2PL6.13PL6.1DRIVEWAY2'-7"3'-0 13/32"FGCPL6.2DRIVEWAYFG2'-7 1/2"2PL6.14PL6.13PL6.11PL6.161.70 TW65.50 TWSECOND DWELLING UNITFGFGRIBBON GUTTER (DASH LINE)RIBBON GUTTER(DASH LINE)3'-9"3'-10"TOP OF RETAINING WALLFG54.00 TW54.60 TW51.02 FG2'-11 3/4"3'-6"C2018 Doug Andresen, Architect expressly reserves his common law copyright and other property rights in these plans. These plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor are they to be assigned to any third party without first obtaining the express written permission and consent of Douglas Andresen, Architect.LICENSEDARCHITEC T S TAT EOFCALIFORNIADOUGLASANDRESE N No. C 14504Ren. 12-31-19C:\Users\AbrahamEsquivel\Andresen Architecture Inc\AAI Firm Admin - Cloud\1_Projects 2010-2019\2015\15-2433 Galvan Custom Home\Revit\15-2433 Galvan Custom Home 2018.rvt11/28/2018 4:47:19 PMPL9Wall & FencePlanProposed Custom Home For:Mr. & Mrs. Galvan28 Nov. 201815-2433Camino Predera, Rancho Cucamonga, CA 917301" = 10'-0"Wall & Fence Plan1/8" = 1'-0"2Wall Elevation1/8" = 1'-0"3Wall Elevation1/8" = 1'-0"4Wall Elevation1/8" = 1'-0"5Wall Elevation1/8" = 1'-0"6Wall Elevation1/8" = 1'-0"8Wall Elevation1/8" = 1'-0"9Wall Elevation1/8" = 1'-0"7Wall Elevation1/8" = 1'-0"11Wall Elevation1/8" = 1'-0"10Wall Elevation1/8" = 1'-0"13Wall Elevation1/8" = 1'-0"17Wall Elevation1/8" = 1'-0"15Wall Elevation1/8" = 1'-0"16Wall Elevation1/8" = 1'-0"1Wall Elevation1/8" = 1'-0"7BWall ElevationDRC2016-00672(REDESIGN)Page 297 MHUPUPUP60.16'31.51'1 3 7 .9 8 '138.83'82.00'SETBACK25'-0"4'-6"18'-0"16'-0"97'-8 15/16"SETBACK10'-0"SETBACK20'-0"5'-0"SETBACK5'-0"37'-0"4'-8"11'-10 3/32"ACCESSORY BLDG. = 496 SF. OK!20'-0" (1,654 SF x 30% = 496 SF)30'-0"30'-0"24'-0"20'-0"17'-10 3/4"12'-8"28'-4"12'-0"5'-0"78.15 FS72.15 FS70.87 FS71.87 FS56.63 NG58.71 NG53.84 NG52.76 NG48.23 NG47.52 NG57.27 NG58.27 NG58.69 NG(42'-5 1/2")56.73 NG(17'-4")(16'-7")(19'-6")(17'-5")(15'-6")(13'-7")(13'-7")(15'-0")(16'-0")(8'-2")52.27 NG(20'-0")52.57 NG(17'-10")41'-0"(44'-6")10'-0"38'-2 1/2"(12'-0")(12'-4")60.48 NG61.16 NG(5'-6")(4'-10")19'-0 1/16"(21'-6")2PL1131.9029.3041.1761.9784.9079.9091.948072 CAMINO PREDERA8062 CAMINO PREDERA8553 RED HILL COUNTRY CLUB DR3PL1142%75° 34' 16"20%34° 50' 15"38%69° 35' 29"100%180° 00' 00"100%180° 00' 00"74%133° 21' 39"11%19° 02' 46"15%27° 35' 35"Proposed Custom Home For:Mr. & Mrs. Galvan28 Nov 2018Camino Predera, Rancho Cucamonga, CA 91730DRC2016-00672(REDPage 298 Page 299 Page 300 Page 301 Page 302 Page 303 Page 304 Page 305 Page 306 Page 307 Page 308 Page 309 Page 310 Page 311 Page 312 Page 313 Page 314 Page 315 Page 316 APPEAL OF PLANNING COMMISSION DECISION DRC2018-00865 City Council December 5, 2018 NORTH Project site located on Camino Predera Project Background •The Planning Commission reviewed the project on October 10,2018.After receiving public comments,the Planning Commission approved the project on a 4-1 vote (4 in favor,1 against). •Eleven residents jointly filed the Appeal of the Planning Commission’s decision to approve DRC2016-00672 on October 18,2018; •The City Council reviewed the Appeal request on November 7,2018.The City Council received testimony from 4 of the appellants and from the applicant; Project Background •The City Council continued the public hearing to November 21,2018 to provide the applicant and appellants the opportunity to discuss the concerns with the project and reach a mutually acceptable solution; •The City conducted a meeting with the applicant and appellants on November 15,2018.The applicant proposed removing the third (top)floor of the home, and revising the floor plan of the house; •The discussion reached an impasse.The applicants ended discussions,and the meeting ended without a resolution; Project Background •The City Council resumed review of the Appeal request on November 21,2018.The City Council received testimony from the appellants,the applicant and the owner of the property; •The City Council requested the applicant provide additional site plan and elevation drawings to illustrate the revised house design proposed at the November 15,2018 meeting; Project Background •The City Council continued the public hearing to December 5th,to give the applicant time to prepare the drawings; •The applicant’s provided the revised design drawings to staff,shown on the following slides,that shows a revised home with a larger footprint,but a reduction in overall height. Revisions to Plans •A revised site plan,elevations and sections were provided to City Staff for review.Staff has determined that the revised drawings are sufficient for discretionary review; •The previously approved home has a maximum roof level height of 1373 feet (above sea level)compared to a 1365 feet for the redesigned home (approximately 8 feet difference). Revisions to Plans •The following table shows the development standards comparing the previously approved house and the redesign house. Previous Proposal Redesigned Proposal Lot Coverage (maximum)34%40% Height (max.from grade)30 feet 25 feet Setbacks (minimum) Front (south)53 feet 40 feet Rear (north)41 feet 42 feet Side (west)10 feet 10 feet Side (east)6.8 feet 5 feet Revisions to Plans (cont.) Comparison in floor area between the previously approved and redesigned proposals: Previous Proposal Redesigned Proposal Main House Livable Floor Area 3,714 4,518 Main House Non-Livable Floor Area 2,461 1,972 Subtotal 6,175 6,490 Accessory Dwelling Unit Floor Area 824 496 Overall Total Floor Area 6,999 6,986 Existing Residence Existing Residence Proposed Home (Previously Approved) Accessory Dwelling Unit Existing Residence 824 SF 6175 SF (6999 SF TOTAL) Existing Residence Existing Residence Proposed Home (Redesign) Accessory Dwelling Unit Existing Residence 6490 SF (6986 SF TOTAL) 496 SF South Elevation (Previously Approved) 30’ maximum building “envelope” Existing house (west)Existing house (east) Existing house (rear) off Red Hill CC Dr. South Elevation (Redesigned) 30’ maximum building “envelope” Existing house (west)Existing house (east) Existing house (rear) off Red Hill CC Dr. East Elevation (Previously Approved) West Elevation (Previously Approved) 30’ maximum building “envelope” Existing house (east) Accessory dwelling unit Existing house (west) 30’ maximum building “envelope” Accessory dwelling unit Neighbor property deck area Neighbor property deck area East Elevation (Redesigned) West Elevation (Redesigned) 30’ maximum building “envelope” Existing house (east) Accessory dwelling unit Existing house (west) 30’ maximum building “envelope” Neighbor property deck area Neighbor property deck area Accessory dwelling unit Existing house (east) Existing house (west) 30’ maximum building “envelope” North Elevation (Previously Designed) Existing house (east) Existing house (west) 30’ maximum building “envelope” North Elevation (Redesigned) North-South Section (Previously Approved) 30’ maximum building “envelope” Line of sight from neighboring property Sidewalk at Street Garage Existing house (north) Existing grade/ground level North-South Section (Redesigned) 30’ maximum building “envelope” Line of sight from neighboring property Sidewalk at Street Existing grade/ground level View Rendering (Previously Approved) View Rendering (Comparison) (Redesigned) (Previously Approved) Public Noticing & Correspondence •As this item is a continuance of the City Council public hearing on November 21,2018,it was not required to be publicly advertised; •Staff met with 5 residents from the Camino Predera neighborhood to review the revised design of the home on December 3,2018. Environmental Determination This item is exempt from the requirements of the California Environmental Quality Act (CEQA)and the City’s CEQA guidelines under CEQA Section: 15303 –New Construction or Conversion of Small Structures. Conclusion Staff recommends that the City Council deliberate the appeal,receive public testimony,and take one of the three following actions: •Adopt Resolution No.18-120,approving the Appeal of Planning Commission Decision DRC2018-00865,and overturning the Planning Commission’s decision to approve Hillside Design Review DRC2016-00672; •Adopt Resolution No.18-121,denying the Appeal of Planning Commission Decision DRC2018-00865,and upholding the Planning Commission’s decision to approve Hillside Design Review DRC2016-00672; Conclusion •Adopt Resolution No.18-131,denying the Appeal of Planning Commission Decision DRC2018-00865 and upholding the Planning Commission’s approval of Hillside Design Review DRC2016-00672 with modifications. D AT E : December 5, 2018 T O:Mayor and Members of the City Council F RO M :J ohn R . Gillison, C ity Manager INIT IAT E D B Y:J ason C . Welday, D irector of E ngineering Services/C ity Engineer L inda Ceballos, E nvironmental Programs Manager S UB J E C T:C O NS ID E RAT I O N O F A RE S O L UT I O N AD O P T ING AN UP D AT E D C O NS T RUC T I O N AND D E M O L I T I O N D IV E RS IO N P RO G RAM F E E S C HE D UL E. RE COMMENDAT ION: Staf f recommends the City C ouncil adopt the attached resolution updating the fee schedule f or the C ity’s C onstruction and Demolition Diversion Program pursuant to the requirements and authority of Chapter 8.19 of Title 8 of the Rancho C ucamonga Municipal C ode. BACKGROUND: T he C onstruction and Demolition D iversion (C&D) Program was adopted by the City C ouncil on A ugust 6, 2003 with the adoption of O rdinance No. 711. T he purpose of this program is to divert recyclable construction and demolition waste from the landf ill thereby improving the City’s long-term sustainability and meeting S tate mandated diversion requirements. I ncluded in the C&D Program is a schedule of required deposits that are ref undable if the construction and demolition waste generated by the project is diverted from the landf ill as outlined in the ordinance, and an administrative f ee schedule to cover the cost of administering the program. Both are based on the size of the structure being built and are only levied if the value of construction is greater than $100,000. T hese schedules have remained unchanged since 2003. On November 21, 2018, the City C ouncil approved introduction and f irst reading of Ordinance No. 941 which would amend C hapter 8.17 and 8.19 of Title 8 of the R ancho C ucamonga Municipal C ode. Second reading of this ordinance is listed as a separate item on the D ecember 5, 2018 C ity C ouncil agenda. ANALY S IS: W ith the adoption of Ordinance No. 941, C onstruction and D emolition Diversion Program Deposits, C onstruction and D emolition D iversion P rogram A dministrative F ees, and C onstruction and D emolition D iversion P rogram S elf-Haul P ermit F ees are established by resolution of the City Council. A pproval of the attached resolution would satisfy this requirement. C onstruction and D emolition D iversion P rogram D eposits T he C&D Program Deposit is based on the projected amount of the waste to be generated by the project and is determined using the size of the new or added structure being built. T he deposit is reimbursable if the applicant meets the requirements of the C&D Program requirements as def ined in the municipal code. Page 317 T he deposit serves as a monetary incentive f or permittees to comply with diversion requirements. Staf f has reviewed the schedule below, originally created in 2003, and believes that the required deposits remain adequate to meet the goals of the program. Square Feet Deposit Amount (2003) Deposit Amount (P roposed) 1,000 to 9,999 $5,000 $5,000 10,000 to 19,999 $10,000 $10,000 20,000 and greater $15,000 $15,000 C onstruction and D emolition D iversion P rogram A dministrative F ees C &D Program Administrative F ees are non-refundable and are utilized to cover the cost of managing the C &D P rogram. T he administrative fees are also based on the size of the structure being built. T he current fee schedule has been in use since 2003 and have been reviewed by staff are determined to be adequate to f und the staf f time required to administer the program and ensure compliance. Square Feet Administrative Fee (2003) Administrative Fee (P roposed) L ess than 5,000 $250 $250 5,000 to 9,999 $500 $500 10,000 to 19,999 $750 $750 20,00 and greater $1,000 $1,000 C onstruction and D emolition D iversion P rogram Self -Haul Permit F ee W ith the modifications to the C &D P rogram in O rdinance No. 941, a new fee has been added f or the issuance of a C&D Self Haul P ermit. C ontractors that meet the requirements of the municipal code may request a permit to self -haul construction and demolition waste while still meeting the requirements for diversion f rom the landfill. Administration of this permit requires staff time to review, research, conf irm compliance with the self -haul requirements, and issuance of the self-haul permit. B ased on a cost of analysis for providing this service, the fee is proposed to be set at $200 per permit. F ee A nalysis and P ublic Hearing Noticing T he fees proposed in the attached resolution do not exceed the estimated reasonable cost of providing the service f or which the fee or charge would be levied. Further, the C ity provided the required notif ication to the public by publishing notice of this hearing on November 20, 2018 and November 22, 2018 in the I nland Valley Daily B ulletin, a local newspaper of general circulation, and posting notice in at least two separate locations within the C ity. D ata indicating the estimated or actual cost to provide services related to the new f ee was available to the public at least ten (10) days prior to the date of this public hearing. FISCAL IMPACT: Assessment of fees described in this item and listed on the attached resolution will of f set staf f ing costs for administration of the program and of the self-haul permitting option. COUNCIL GOAL(S) ADDRE S S E D: T he C onstruction and Demolition D iversion Program addresses the C ity Council’s goal of Mid- and L ong- R ange Planning by diverting recyclable construction and demolition waste from the landf ill ensuring the C ity’s long-term sustainability. Page 318 AT TAC HM E NT S : D escription Attachment 1 - R esolution Page 319 ATTACHMENT 1 Resolution No. 18-XXX – Page 1 of 2 RESOLUTION 18-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING AN UPDATED FEE SCHEDULE APPLICABLE TO THE CONSTRUCTION AND DEMOLITION DIVERSION PROGRAM OF THE ENGINEERING SERVICES DEPARTMENT. A. RECITALS: 1. The California Government Code allows the City to establish fees and charges for municipal services, provided such fees and charges do not exceed the estimated reasonable cost to the City in providing the service to which the fee or charge applies. 2. Data indicating the estimated or actual cost to provide each service, for which the fees and charges set forth herein apply, was made available to the public at least ten (10) days prior to the date of the public hearing. 3. On December 5, 2018, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the amendment to the above-titled fee schedule. 4. The City Council adopted Ordinance No. 941 amending Chapters 8.17 and 8.19 of Title 8 of the Rancho Cucamonga Municipal Code on December 5, 2018 requiring Construction and Demolition Diversion Program administrative fees, self-haul permit fees, and deposits be adopted by resolution. 5. All legal prerequisites to the adoption of this resolution have occurred. B. RESOLUTION: The City Council of the City of Rancho Cucamonga finds and resolves as follows: SECTION 1: The City Council hereby specifically finds that all the facts set forth in the Recitals, Part A, of this Resolution, are true and correct. SECTION 2: The City Council hereby specifically finds that the fees and charges set forth do not exceed the estimated reasonable cost of providing the service for which the fee or charge be levied. SECTION 3: The City Council hereby rescinds all previous resolutions related to fees described in this resolution and adopts the following deposits amounts and fees for services performed by the Engineering Services Department: Construction and Demolition Diversion Program Deposits: Square Feet Deposit Amount 1,000 to 9,999 $5,000 10,000 to 19,999 $10,000 20,000 and greater $15,000 Page 320 ATTACHMENT 1 Resolution No. 18-XXX – Page 1 of 2 Construction and Demolition Diversion Program Administrative Fees: Square Feet Deposit Amount Less than 5,000 $250 5,000 to 9,999 $500 10,000 to 19,999 $750 20,000 and greater $1,0000 Construction and Demolition Self-Haul Permit Fee: $200 per project SECTION 4: The fees set forth in this Resolution will be effective 60 days from the adoption of the resolution. SECTION 5: The City Clerk shall certify to the adoption of this Resolution. Page 321 Resolution Adopting an Updated Construction and Demolition Program Fee Schedule December 5, 2018 Background •The purpose of the Construction and Demolition (C&D) Program is to divert recyclable construction and demolition waste from the landfill, improving the City’s long-term sustainability and meeting State mandated diversion requirements. •The C&D Diversion Program and related fees were adopted by the City Council on August 6, 2003. These fees are currently in effective and have remained unchanged. •The adoption of Ordinance No. 941, amending Chapter 8.17 and 8.19 of Title 8 of the City’s Municipal Code require the fees be established by resolution. Construction and Demolition Diversion Program Fees •Permit applicants for new construction and tenant improvements are required to submit a deposit and a non-refundable administration fee if the project valuation is over $100,000. •The C&D deposit serves as a monetary incentive to comply with diversion requirements and is reimbursable if program requirements are met. •The C&D administrative fee is non-refundable and is utilized to cover the cost of managing the program. •The C&D deposits and administrative fees are both determined by square footage of the project. Construction and Demolition Diversion Deposits Square Feet Deposit Amount (2003) Deposit Amount (Proposed) 1,000 to 9,999 $5,000 $5,000 10,000 to 19,999 $10,000 $10,000 20,000 and greater $15,000 $15,000 Construction and Demolition Diversion Administrative Fees Square Feet Administrative Fee (2003) Administrative Fee (Proposed) Less than 5,000 $250 $250 5,000 to 9,999 $500 $500 10,000 to 19,999 $750 $750 20,000 and greater $1,000 $1,000 Construction and Demolition Self-Haul Permit Fee •Ordinance 941 establishes C&D Self-Haul Permit guidelines and a new C&D Self-Haul Permit fee. •The proposed Self-Haul Permit fee of $200 would fund the staff time necessary to review, research, and monitor compliance with the self-haul permit requirements. •The C&D fees, if approved, would be effective in 60 days. Questions? D AT E : December 5, 2018 T O:Mayor and Members of the City Council F RO M :J ohn R . Gillison, C ity Manager INIT IAT E D B Y:J ason C . Welday, D irector of E ngineering Services/C ity Engineer F red Lyn, Utilities Division Manager S UB J E C T:C O NS ID E RAT I O N O F A RE S O L UT IO N AM E ND I NG E L E C T RIC RAT E S, F E E S, AND C HARG E S , P URS UANT T O T HE RE Q UIRE M E NT S AND AUT HO RI T Y O F C HAP T E R 3.46 O F T I T L E 3 O F T HE RANC HO C UC AM O NG A M UNI C IPAL C O D E . RE COMMENDAT ION: I t is recommended that the City Council adopt the attached resolution amending the existing electric rates, fees and charges, pursuant to the requirements and authority of C hapter 3.46 of Title 3 of the Rancho C ucamonga Municipal C ode. BACKGROUND: T he City Council established a municipal utility on August 31, 2001 and adopted Chapter 3.46 of Title 3 of the Rancho Cucamonga Municipal C ode establishing E lectricity S ervice Rules and Regulations and authorizing that the rates, f ees, and charges, may be amended f rom time to time by resolution. I n the electric utility industry, it is best practice to review the cost of providing service at least every f ive years. R ancho Cucamonga Municipal Utility's (R C MU's) last C ost of S ervice study and Rate D esign was conducted in J anuary 2013. R C MU's electric rate structure is complex and includes 15 different classification tarif f s ranging from residential, commercial, industrial and lighting. I n J anuary 2018, R C MU hired Utility Financial S olutions (UF S ) as its Rate C onsultant to begin the C ost of Service and Rate Study to ensure that each rate classif ication provides their share of revenue to support the appropriate costs with providing the electric service. ANALY S IS: T he Cost of Service Study and Rate Design has been completed by UFS. T he specific purposes of this study are to: Align electric rates with cost of service; D etermine R C MU’s revenue requirement; I dentify cross-subsidies that may exist between rate classes; R eview cost of existing power contracts and f uture load f orecast; R eview cost of operations, maintenance, and replacement of electric inf rastructure; R ecommend rate adjustments needed to meet targeted revenue requirements and capital reserve requirements; Page 322 I dentify the appropriate fixed monthly customer charge f or each class; and Provide recommendations on rate design. Based on the results of the study, U F S is recommending a reduction in overall electric rates in order for R C M U to meet its targeted revenue requirements. RCMU has been successful in keeping electric rates low and competitive throughout the last five years. A few key reasons R C MU has been able to realize low and competitive rates are that RCMU has no debt service obligations, obtained favorable cost effective wholesale power contracts and long term renewable contracts, reduced overhead costs by investing in smart meters, and the continued service of its highly skilled and dedicated workforce. T he following table outlines the rate adjustments being proposed beginning in Calendar Year 2019. Further, a second table has been provided that identifies the anticipated differences in average monthly bills for each RCMU customer rate class based on the proposed rate structure. Proposed 2019 Rate Class % Adjustme nts E xisting Rate Classes Customer Charge ($/month) % Diff Energy Charge (kWh) % Diff Facility Demand (kW) % Diff Time Related Demand (kW) % Diff Residential +15%-4%N/A N/A Small Commercial +12%-6%N/A N/A Medium Commercial +3%-8%+3%-3% Medium TO U -15%-12%+3%+6% L arge Commercial -11%-18%+7%+5% L arge I ndustrial +21% -11%+1%-4% Electric Vehicle N/C -13%+5%N/A Street L ighting -75%-9%N/A N/A I rrigation S ystem N/C N/C N/A N/A W ireless Technology N/C -9%N/A N/A Traffic Control +15%-8%N/A N/A Outdoor L ighting N/C -3%N/A N/A Average M onthly Bill D ifferences Existing R ate C lass Average Monthly Bill Average Monthly Difference R C MU vs. S C E Rates C urrent P roposed $%% Residential (800 kWh) $129 $125 -$4 -3%-30% S mall C ommercial (1,500 kWh) $227 $218 -$9 -4%-6% Medium C ommercial (60 kW; 7,000 kW h) $1,432 $1,426 -$6 -0.4%-16% Medium TOU $8,611 $7,869 -$742 -9%-26% Page 323 (220 kW; 88,000 kWh) L arge C ommercial (1,225 kW; 200,000 kWh) $31,985 $30,745 -$1,240 -4%-18% L arge Industrial (1,200 kW; 576,000 kWh) $52,681 $48,592 -$4,089 -8%-6% E lectric Vehicle (L evel 3) $887 $845 -$42 -5%-21% S treet L ighting (per pole) (34W ) $10.72 $3.16 -$7.56 -70%-0.7% M iscellaneous Rates and F ees Adjustments: T he f ollowing rate tariffs and f ee adjustment updates are also recommended: R esidential: E limination of Tiers 4 and 5 energy charges, f orming a 3 Tier residential rate class; Medium Commercial: R emoval of an outdated Time of Use (TO U) Option; Street L ighting: R emoval of the High Pressure S odium fixture Option; Electric Vehicle (E V): E stablishment of a new S mall E V customer charge that will be the same as the existing Small Commercial customer charge; Net Energy Metering (NE M): E stablishment of a new NE M Aggregation option and setting the new net surplus compensation rate at $0.05 per kW h af ter December 1, 2018 f or new NE M customers after December 1, 2018; Economic Development: D ecrease the minimum monthly electric demand requirement from 500 kW to 200 kW in order to expand the qualifying criteria; F ees and C harges: E stablish a new same day turn-on charge (single phase only) of $35. I f approved by the City Council, this amendment in R C MU electric service rates will become ef f ective J anuary 1, 2019, and customers will see changes on their F ebruary 2019 bills. T he amended rates ref lect the C ity's reasonable and prudent costs for such an enterprise and does not establish unf air, unreasonable or excessive rates that exceed the City's reasonable costs of doing business. I n conclusion, it is important to note that as a municipal utility, R C MU rates are based on the cost to provide the service; there is no profit built in nor are their shareholder dividends to pay as is necessary with I nvestor Owned Utilities. T he C ity has provided the required notif ication to the public by publishing notice of this hearing on November 20, 2018, and November 22, 2018, in the Inland Vall ey Daily Bulletin, a local newspaper of general circulation, and posting notice in at least two separate locations within the City, as well as a separate mailing in the customer’s November 2018 electric bill. T he proposed revised rates have been available for public review in the C ity C lerk's Office since the advertisements and resolution were first published on November 20, 2018. FISCAL IMPACT: I f approved by the City Council, this amendment in R C MU electric rates, f ees and charges is expected to reduce the Utility F und revenues by 3.25% or about $346,000. COUNCIL GOAL(S) ADDRE S S E D: R C MU’s electric rate adjustments implements the C ity C ouncil’s Goals f or Mid- and L ong-Range Planning by ensuring that the appropriate cost structure f or providing electric service is f ollowed, as well as Page 324 Enhancing P remier Community Status through providing cost effective and reliable electric service rates in order to promote economic development. AT TAC HM E NT S : D escription Attachment 1 - R esolution Attachment 2 - Updated Tarif f and R ates Page 325 ATTACHMENT 1 Resolution No. XX – Page 1 RESOLUTION NO. __________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING ELECTRIC RATES AND CHARGES, PURSUANT TO THE REQUIREMENTS AND AUTHORITY OF CHAPTER 3.46 OF TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE. A. Recitals. 1. The City Council of the City of Rancho Cucamonga has previously adopted Chapter 3.46 of Title 3 of the Rancho Cucamonga Municipal Code establishing Electricity Service Rules and Regulations and authorizing that the rates, fees and charges arising, directly or indirectly, under said legislation be adopted pursuant to resolution, and thereafter, be amended from time to time by resolution. 2. City staff has prepared a comprehensive schedule of the rates, fees and charges that reflect the reasonable and prudent costs relating to the acquisition and distribution of electric power to retail customers and are recommending that the City Council adopt the recommended rates and fees. These rates do not present the City an opportunity to achieve profits or to impose charges in excess of the costs reasonably related to the development, maintenance and expansion of a municipal electric distribution system. The City Council has directed City staff to regularly review the operations of the City’s electric utility to ensure that the rates are sufficient to cover all prudent business costs, reserves and capital equipment acquisition but not exceeding the amount necessary for the same. The rates, fees and charges reflect the reasonable costs to the City system only and do not reflect any excess rates, fees, or charges that are in excess of the reasonable costs of providing the electrical services as set forth hereinafter. 3. The City Council has reviewed the adoption of this Resolution pursuant to the requirements of the California Environmental Quality Act of 1970, as amended, and has determined that the adoption of the Electric Rules and Regulations has no foreseeable potential to a result in a significant impact upon the environment and is exempt from CEQA review pursuant to State CEQA Guidelines Section 15061(b)(3). Further, the City Council has determined that the adoption of the fees is exempt from substantive environmental review under Section 15273 of the State CEQA Guidelines as no capital projects for system expansion are included in the proposed action. 4. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find and resolve as follows: Section 1. The facts set forth in the Recitals, Part A of this Resolution, are true and correct. Page 326 Resolution No. XX – Page 2 Section 2. The rates, fees and charges assessed under Chapter 3.46 of Title 3 shall be as set forth on Attachment 1 hereto and incorporated by reference as if fully set forth herein. Section 3. The City Clerk shall certify to the adoption of this Resolution. Page 327 Table of Contents Electric Rates and Tariffs RESIDENTIAL 1 SMALL COMMERCIAL 4 MEDIUM COMMERCIAL 6 MEDIUM COMMERCIAL (TIME-OF-USE) 9 LARGE COMMERCIAL 12 LARGE INDUSTRIAL 15 STREET LIGHTING 18 TRAFFIC CONTROL 21 OUTDOOR AREA LIGHTING 22 IRRIGATION SYSTEMS 24 WIRELESS TECHNOLOGY 25 NET ENERGY METERING 27 ECONOMIC DEVELOPMENT 30 STANDBY DEMAND CHARGE 33 ELECTRIC VEHICLE CHARGING 36 SERVICE ESTABLISHMENT CHARGE 39 ELECTRIC CHARGES AND FEES SCHEDULE 40 Page 328 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS 1 Effective Date: January 1, 2019 RESIDENTIAL A. Applicability Applicable to individual accommodations devoted primarily to domestic purposes where service includes lighting, appliances, heating, cooking and power consuming appliances or combination thereof in a residential accommodation. B. Territory Within the entire territory served. C. Rates Energy Charge $/kWh/Meter Summer and Winter Tier 1 – Baseline Quantities 0.11910 Tier 2 – 101% to 130% of Baseline 0.14000 Tier 3 – Over 131% of Baseline 0.24000 Customer Charge - $/Meter/Day Single-Family Residence 0.23 Multi-Family Residence 0.21 D. Special Conditions 1. Summer and Winter Seasons are defined as follows: The Summer Season shall commence at 12:00 a.m. on June 1st and continue until 12:00 a.m. on October 1st of each year. The Winter Season shall commence at 12:00 a.m. on October 1st of each year and continue until 12:00 a.m. on June 1st of the following year. A pro rata computation will be made for seasonal billing purposes. 2. Customer Charge: For purposes of applying the Customer Charge, the following definitions shall be used: Single-Family Residence: A building of single occupancy, which does not share common walls, floors, or ceiling with other residential dwelling units. Multi-Family Residence: Apartments, mobile homes, condominiums, townhouses or a building of multiple occupancy which shares common walls and/or floors and ceilings with other residential dwelling units. 3. Voltage. Service will be supplied at one (1) standard voltage. 4. Baseline Quantities: The residential allocation shall be 16.1 kWhs per day in Summer Season and 10.6 kWhs per day in the Winter Season. Page 329 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS 2 Effective Date: January 1, 2019 5. Customer-Owned Electrical Generating Facilities. Upon written approval by the Utility, momentary parallel operation may be permitted to allow the Customer to test the auxiliary/emergency generating facilities. 6. Medical Support Assistance Eligible customers under this schedule upon application and certification from a medical doctor shall receive a monthly discount to assist customers with doctor- prescribed life support equipment. To qualify, a customer must submit an application and satisfactory proof that a full-time occupant of the customer’s residence requires a life support device. A qualifying life support device may be any one of the following or such other equipment as the Utility may deem eligible: aerosol tents, apnea monitors, compressors or concentrators, electrostatic or ultrasonic nebulizers, electric nerve stimulators, hemodialysis machines, kidney dialysis machines, intermittent positive pressure breathing machines, iron lungs, pressure pads, pressure pumps, respirators, or suction machines. Customers must reapply annually to demonstrate eligibility for the discount. The monthly discount applies to energy charges only. All other charges and taxes are calculated at the standard rates. Program qualifications and rules are subject to change and are based on funding availability. In the event the Utility becomes aware of any false or fraudulent statements or information submitted in writing or verbally by the Customer, the Utility reserves the right to back bill the Customer for services rendered under this program. 7. Low Income Assistance A low-income assistance program is available under this schedule for income qualified customers. To be considered for this discount, an application must be filled out with supporting documentation of proof of income. Total combined gross annual household income, both taxable and nontaxable, must meet the current income levels of the San Bernardino County (Very Low) Income Limits Documentation System. Customers must reapply annually to demonstrate eligibility for the discount. The monthly discount applies to energy charges only. All other charges and taxes are calculated at the standard rates. Program qualifications and rules are subject to change and are based on funding availability. In the event the Utility becomes aware of any false or fraudulent statements or information submitted in writing or verbally by the Customer, the Utility reserves the right to back bill the Customer for services rendered under this program. 8. Billing Calculation A Customer’s bill is calculated according to the rates and conditions above. The charges are calculated by applying the Rate Charges when applicable to the actual billing determinants (kilowatt hours [kWh]). 9. Power Cost Adjustment Factor (PCAF) The rates above are subject to an adjustment as provided in Rule 12, Section E. 10. Change of Law Adjustment Factor (CLAF) Page 330 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS 3 Effective Date: January 1, 2019 The rates above are subject to an adjustment as provided in Rule 12, Section F. 11. State Mandated Public Benefits Charge State law requires all California electric utilities to establish a public benefit charge of 2.85% of electric retail revenues to fund qualifying energy efficiency programs, renewable energy resources, research and demonstration projects, and services for low-income electricity customers. Page 331 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS 4 Effective Date: January 1, 2019 SMALL COMMERCIAL A. Applicability Applicable to single and three-phase general service including lighting and power Customers, except for the Customer whose monthly Maximum Demand, in the opinion of the Utility, is expected to exceed 20 kW or has exceeded 20 kW in any three (3) months during the preceding twelve (12) months is ineligible for service under this Schedule. Effective with the date of ineligibility of any Customer served under this Schedule, the Customer's account shall be transferred to another applicable Rate Schedule. B. Territory Within the entire territory served. C. Rates Energy Charge $/kWh/Meter/Month Summer 0.18322 Winter 0.12668 Customer Charge- $/Meter/Day 0.926 D. Special Conditions 1. Summer and Winter Seasons are defined as follows: The Summer Season shall commence at 12:00 a.m. on June 1st and continue until 12:00 a.m. on October 1st of each year. The Winter Season shall commence at 12:00 a.m. on October 1st of each year and continue until 12:00 a.m. on June 1st of the following year. A pro rata computation will be made for seasonal billing purposes. 2. Voltage. Service will be supplied at one (1) standard voltage 3. Temporary Discontinuance of Service Where the use of energy is seasonal or intermittent, no adjustments will be made for a temporary discontinuance of service. Any Customer, prior to resuming service within twelve (12) months after such service was discontinued, will be required to pay all charges which would have been billed if service had not been discontinued. 4. Customer-Owned Electrical Generating Facilities Upon written approval by the Utility, momentary parallel operation may be permitted to allow the Customer to test the auxiliary/emergency generating facilities. 5. Installation of Demand Meters Page 332 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS 5 Effective Date: January 1, 2019 Where a Customer's usage exceeds an average of 4,500 kWh per month in the preceding 12-month period, the Utility may, at its sole option, install a demand Meter on the account at the Utility’s expense. 6. Billing Calculation A Customer’s bill is calculated according to the rates and conditions above. The charges are calculated by applying the Rate Charges when applicable to the actual billing determinants (kilowatt hours [kWh], demand [kW], etc.). 7. Power Cost Adjustment Factor (PCAF) The rates above are subject to an adjustment as provided in Rule 12, Section E. 8. Change of Law Adjustment Factor (CLAF) The rates above are subject to an adjustment as provided in Rule 12, Section F. 9. State Mandated Public Purpose Programs Charge State law requires all California electric utilities to establish a public purpose programs charge of 2.85% of electric retail revenues to fund qualifying energy efficiency programs, renewable energy resources, research and demonstration projects, and services for low-income electricity customers. Page 333 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS 6 Effective Date: January 1, 2019 MEDIUM COMMERCIAL A. Applicability Applicable to single and three-phase service including lighting and power Customers whose monthly Maximum Demand registers, or in the opinion of the Utility is expected to register, above 20 kW and below 200 kW. The Customer whose monthly Maximum Demand, in the opinion of the Utility, is expected to reach 200 kW or has reached 200 kW for any three (3) months during the preceding twelve (12) months is ineligible for service under this Schedule. Effective with the date of ineligibility, such Customer’s account shall be transferred to another applicable Rate Schedule. Further, any Customer served under this Schedule whose monthly Maximum Demand has registered 20 kW or less for twelve (12) consecutive months is eligible for service under another applicable Rate Schedule. B. Territory Within the entire territory served. C. Rates Energy Charge - $/kWh/Meter/Month Summer Season 0.07944 Winter Season 0.06391 Customer Charge - $/Meter/Month 145.00 Demand Charge - $/kW of Billing Demand/Meter/Month Facilities Related 14.00 Time Related (Summer) 16.50 D. Special Conditions 1. Summer and Winter Seasons are defined as follows: The Summer Season shall commence at 12:00 a.m. on June 1st and continue until 12:00 a.m. on October 1st of each year. The Winter Season shall commence at 12:00 a.m. on October 1st of each year and continue until 12:00 a.m. on June 1st of the following year. A pro rata computation will be made for seasonal billing purposes. 2. RTEM Metering. Customers may elect a Real Time Energy Metering (RTEM) meter and shall pay the monthly charges, as indicated in the Rates section of this Rate Schedule. 3. Voltage Service will be supplied at one (1) standard voltage. Page 334 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS 7 Effective Date: January 1, 2019 4. Billing Demand The Billing Demand shall be the kilowatts of Maximum Demand, determined to the nearest kW. The Demand Charge shall include the following billing components. The Time Related Component shall be for the kilowatts of Maximum Demand recorded during (or established for) the monthly billing period. The Facilities Related Component shall be for the kilowatts of Maximum Demand recorded during (or established for) the monthly billing period. However, when the Utility determines the Customer's Meter will record little or no energy use for extended periods of time or when the Customer's Meter has not recorded a Maximum Demand in the preceding eleven (11) months, the Facilities Related Component of the Demand Charge may be established at fifty percent (50%) of the Customer's Connected Load. 5. Maximum Demand The Maximum Demand in any month shall be the measured maximum average kilowatt input, indicated or recorded by instruments, during any 15-minute metered interval in the month, but, where applicable, shall not be less than the diversified resistance welder load computed in accordance with the section designated Welder Service in Rule 2. Where the demand is intermittent or subject to violent fluctuations, a 5-minute interval may be used. 6. Temporary Discontinuance of Service Where the use of energy is seasonal or intermittent, no adjustments will be made for a temporary discontinuance of service. Any Customer resuming service within twelve (12) months after such service was discontinued will be required to pay all charges which would have been billed if service had not been discontinued. 7. Customer-Owned Electrical Generating Facilities Upon written approval by the Utility, momentary parallel operation may be permitted to allow the Customer to test the auxiliary/emergency generating facilities. 8. Billing Calculation A Customer’s bill is calculated according to the rates and conditions above. The charges are calculated by applying the Rate Charges when applicable to the actual billing determinants (kilowatt hours [kWh], demand [kW], etc.). 9. Power Cost Adjustment Factor (PCAF) The rates above are subject to an adjustment as provided in Rule 12, Section E. 10. Change of Law Adjustment Factor (CLAF) The rates above are subject to an adjustment as provided in Rule 12, Section F. 11. State Mandated Public Purpose Programs Charge State law requires all California electric utilities to establish a public purpose programs charge of 2.85% of electric retail revenues to fund qualifying energy efficiency programs, renewable energy resources, research and demonstration Page 335 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS 8 Effective Date: January 1, 2019 projects, and services for low-income electricity customers. Page 336 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS 9 Effective Date: January 1, 2019 MEDIUM COMMERCIAL (TIME-OF-USE) A. Applicability Applicable to single and three-phase service including lighting and power Customers whose monthly Maximum Demand registers, or in the opinion of the Utility is expected to register 200 kW through 500 kW. The customer whose monthly Maximum Demand, in the opinion of the Utility, is expected to exceed 500 kW or has exceeded 500 kW for any three (3) months during the preceding twelve (12) months is ineligible for service under this Schedule and effective with the date of ineligibility, such Customer’s account shall be transferred to Large Commercial. Further, any Customer served under this Schedule whose monthly Maximum Demand has registered below 200 kW for twelve (12) consecutive months is ineligible for service under this Rate Schedule and shall be transferred to another applicable Rate Schedule. B. Territory Within the entire territory served. C. Rates Energy Charge - $/kWh/Meter/Month Summer Season – On-Peak 0.11364 Mid-Peak 0.08064 Off-Peak 0.05314 Winter Season – Mid-Peak 0.05714 Off-Peak 0.04064 Customer Charge - $/Meter/Month 400.00 Demand Charge - $/kW of Billing Demand/Meter/Month Facilities Related 14.25 Time Related Summer – On-Peak 13.50 Summer – Mid-Peak 3.50 Power Factor Adjustment - $/KVA 0.27 D. Special Conditions 1. Time periods are defined as follows: On-Peak: Noon to 6:00 p.m. summer weekdays except holidays. Mid-Peak: 8:00 a.m. to noon and 6:00 p.m. to 11:00 p.m. summer weekdays except holidays. 8:00 a.m. to 9:00 p.m. winter weekdays except holidays. Off-Peak: All other hours. Page 337 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS 10 Effective Date: January 1, 2019 Holidays are New Year's Day (January 1), Washington's Birthday (third Monday in February), Memorial Day (last Monday in May), Independence Day (July 4), Labor Day (first Monday in September), Veteran’s Day (November 11), Thanksgiving Day (fourth Thursday in November), and Christmas (December 25). When any holiday listed above falls on Sunday, the following Monday will be recognized as an off-peak period. No change will be made for holidays falling on Saturday. The Summer Season shall commence at 12:00 a.m. on June 1st and continue until 12:00 a.m. on October 1st of each year. The Winter Season shall commence at 12:00 a.m. on October 1st of each year and continue until 12:00 a.m. on June 1st of the following year. A pro rata computation will be made for seasonal billing purposes. 2. Voltage Service will be supplied at one (1) standard voltage. 3. Billing Demand The Billing Demand shall be the kilowatts of Maximum Demand, determined to the nearest kW. The Demand Charge shall include the following billing components. The Time Related Component shall be for the kilowatts of Maximum Demand recorded during (or established for) the monthly billing period. The Facilities Related Component shall be for the kilowatts of Maximum Demand recorded during (or established for) the monthly billing period. However, when the Utility determines the Customer's Meter will record little or no energy use for extended periods of time or when the Customer's Meter has not recorded a Maximum Demand in the preceding eleven (11) months, the Facilities Related Component of the Demand Charge may be established at fifty percent (50%) of the Customer's Connected Load. 4. Maximum Demand Maximum Demand shall be established for the On-Peak, Mid-Peak, and Off-Peak periods. The Maximum Demand in any month shall be the measured maximum average kilowatt input, indicated or recorded by instruments, during any 15- minute metered interval in the month, but, where applicable, shall not be less than the diversified resistance welder load computed in accordance with the section designated Welder Service in Rule 2. Where the demand is intermittent or subject to violent fluctuations, a 5-minute interval may be used. 5. Power Factor Adjustment The Customer’s bill will be increased each month for power factor by the amount shown in the Rates section above for service metered and delivered at the applicable voltage level, based on the per kilovar of maximum reactive demand imposed by the Utility. The maximum reactive demand shall be the highest measured maximum average kilovar demand indicated or recorded by metering during any 15-minute interval Page 338 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS 11 Effective Date: January 1, 2019 in the month. The kilovars shall be determined to the nearest unit. A device will be installed on each kilovar meter to prevent reverse operation of the meter. 6. Temporary Discontinuance of Service Where the use of energy is seasonal or intermittent, no adjustments will be made for a temporary discontinuance of service. Any Customer resuming service within twelve (12) months after such service was discontinued will be required to pay all charges which would have been billed if service had not been discontinued. 7. Customer-Owned Electrical Generating Facilities Upon written approval by the Utility, momentary parallel operation may be permitted to allow the Customer to test the auxiliary/emergency generating facilities. 8. Billing Calculation A Customer’s bill is calculated according to the rates and conditions above. The charges are calculated by applying the Rate Charges when applicable to the actual billing determinants (kilowatt hours [kWh], demand [kW], kilovar [kVa], etc.). 9. Power Cost Adjustment Factor (PCAF) The rates above are subject to an adjustment as provided in Rule 12, Section E. 10. Change of Law Adjustment Factor (CLAF) The rates above are subject to an adjustment as provided in Rule 12, Section F. 11. State Mandated Public Purpose Programs Charge State law requires all California electric utilities to establish a public purpose programs charge of 2.85% of electric retail revenues to fund qualifying energy efficiency programs, renewable energy resources, research and demonstration projects, and services for low-income electricity customers. Page 339 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS 12 Effective Date: January 1, 2019 LARGE COMMERCIAL A. Applicability Applicable to general services including lighting and power Customers. This Schedule is applicable to and mandatory for all Customers whose monthly Maximum Demand, in the opinion of the Utility, is expected to exceed 500 kW or has exceeded 500 kW in any three (3) months during the preceding twelve (12) months. Any existing Customer on this Schedule whose monthly Maximum Demand has registered 500 kW or less for twelve (12) consecutive months is ineligible for service under this Schedule and shall be transferred to another applicable Rate Schedule. Service under this Schedule is subject to Meter availability. B. Territory Within the entire territory served. C. Rates Energy Charge - $/kWh/Meter/Month Summer Season – On-Peak 0.12095 Mid-Peak 0.07626 Off-Peak 0.04838 Winter Season – Mid-Peak 0.06724 Off-Peak 0.04510 Customer Charge - $/Meter/Month 515.00 Demand Charge - $/kW of Billing Demand/Meter/Month Facilities Related 15.00 Time Related Summer – On-Peak 17.00 Summer – Mid-Peak 5.00 Power Factor Adjustment - $/KVA 0.27 D. Special Conditions 1. Time periods are defined as follows: On-Peak: Noon to 6:00 p.m. summer weekdays except holidays. Mid-Peak: 8:00 a.m. to noon and 6:00 p.m. to 11:00 p.m. summer weekdays except holidays. 8:00 a.m. to 9:00 p.m. winter weekdays except holidays. Off-Peak: All other hours. Holidays are New Year's Day (January 1), Washington's Birthday (third Monday in February), Memorial Day (last Monday in May), Independence Day (July 4), Labor Day (first Monday in September), Veteran’s Day (November 11), Page 340 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS 13 Effective Date: January 1, 2019 Thanksgiving Day (fourth Thursday in November), and Christmas (December 25). When any holiday listed above falls on Sunday, the following Monday will be recognized as an off-peak period. No change will be made for holidays falling on Saturday. The Summer Season shall commence at 12:00 a.m. on June 1st and continue until 12:00 a.m. on October 1st of each year. The Winter Season shall commence at 12:00 a.m. on October 1st of each year and continue until 12:00 a.m. on June 1st of the following year. A pro rata computation will be made for seasonal billing purposes. 2. Voltage Service will be supplied at one standard voltage. 3. Maximum Demand Maximum Demands shall be established for the On-Peak, Mid-Peak, and Off- Peak periods. The Maximum Demand for each period shall be the measured maximum average kilowatt input indicated or recorded by instruments, during any 15-minute metered interval, but, where applicable, not less than the diversified resistance welder load computed in accordance with the section designated Welder Service in Rule 2. Where the demand is intermittent or subject to violent fluctuations, a 5-minute interval may be used. 4. Billing Demand The Billing Demand shall be the kilowatts of Maximum Demand, determined to the nearest kW. The Demand Charge shall include the following billing components. The Time Related Component shall be for the kilowatts of Maximum Demand recorded during (or established for) the monthly billing period for each of the On-Peak, Mid-Peak, and Off-Peak Time Periods. The Facilities Related Component shall be for the kilowatts of Maximum Demand recorded during (or established for) the monthly billing period. However, when the Utility determines the Customer's Meter will record little or no energy use for extended periods of time or when the Customer's Meter has not recorded a Maximum Demand in the preceding eleven (11) months, the Facilities Related Component of the Demand Charge may be established at fifty percent (50%) of the Customer's Connected Load. Separate Demand Charge(s) for the On-Peak, Mid-Peak, and Off-Peak Time Periods shall be established for each monthly billing period. The Demand Charge for each time period shall be based on the Maximum Demand for that time period occurring during the respective monthly billing period. 5. Power Factor Adjustment The Customer’s bill will be increased each month for power factor by the amount shown in the Rates section above for service metered and delivered at the applicable voltage level, based on the per kilovar of maximum reactive demand imposed by the Utility. The maximum reactive demand shall be the highest measured maximum average kilovar demand indicated or recorded by metering during any 15-minute metered Page 341 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS 14 Effective Date: January 1, 2019 interval in the month. The kilovars shall be determined to the nearest unit. A device will be installed on each kilovar Meter to prevent reverse operation of the Meter. 6. Temporary Discontinuance of Service Where the use of energy is seasonal or intermittent, no adjustments will be made for a temporary discontinuance of service. Any Customer, prior to resuming service within twelve (12) months after such service was discontinued, will be required to pay all charges which would have been billed if service had not been discontinued. 7. Customer-Owned Electrical Generating Facilities Upon written approval by the Utility, momentary parallel operation may be permitted to allow the Customer to test the auxiliary/emergency generating facilities. 8. Contracts An initial three-year facilities contract may be required where Applicant requires new or added serving capacity exceeding 2,000 kVA. 9. Billing Calculation A Customer’s bill is calculated according to the rates and conditions above. The charges are calculated by applying the Rate Charges when applicable to the actual billing determinants (kilowatt hours [kWh], demand [kW], kilovar [kVa], etc.). 10. Power Cost Adjustment Factor (PCAF) The rates above are subject to an adjustment as provided in Rule 12, Section E. 11. Change of Law Adjustment Factor (CLAF) The rates above are subject to an adjustment as provided in Rule 12, Section F. 12. State Mandated Public Purpose Programs Charge State law requires all California electric utilities to establish a public purpose programs charge of 2.85% of electric retail revenues to fund qualifying energy efficiency programs, renewable energy resources, research and demonstration projects, and services for low-income electricity customers. Page 342 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS 15 Effective Date: January 1, 2019 LARGE INDUSTRIAL A. Applicability Applicable to general services including lighting and power Customers delivered at the utility’s primary distribution voltage level of 12 kV. This Schedule is applicable to and mandatory for all Customers whose monthly Maximum Demand, in the opinion of the Utility, is expected to exceed 500 kW or has exceeded 500 kW in any three (3) months during the preceding twelve (12) months. Any existing Customer on this Schedule whose monthly Maximum Demand has registered 500 kW or less for twelve (12) consecutive months is ineligible for service under this Schedule and shall be transferred to another applicable Rate Schedule. Service under this Schedule is subject to Meter availability. B. Territory Within the entire territory served. C. Rates Energy Charge - $/kWh/Meter/Month Summer Season – On-Peak 0.09458 Mid-Peak 0.07386 Off-Peak 0.09458 Winter Season – Mid-Peak 0.06878 Off-Peak 0.04548 Customer Charge - $/Meter/Month 400.00 Demand Charge - $/kW of Billing Demand/Meter/Month Facilities Related 13.50 Time Related Summer – On-Peak 20.00 Summer – Mid-Peak 5.00 Power Factor Adjustment - $/KVA 0.27 D. Special Conditions 1. Time periods are defined as follows: On-Peak: Noon to 6:00 p.m. summer weekdays except holidays. Mid-Peak: 8:00 a.m. to noon and 6:00 p.m. to 11:00 p.m. summer weekdays except holidays. 8:00 a.m. to 9:00 p.m. winter weekdays except holidays. Off-Peak: All other hours. Holidays are New Year's Day (January 1), Washington's Birthday (third Monday in February), Memorial Day (last Monday in May), Independence Day (July 4), Labor Day (first Monday in September), Veteran’s Day (November 11), Thanksgiving Day (fourth Thursday in November), and Christmas (December 25). Page 343 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS 16 Effective Date: January 1, 2019 When any holiday listed above falls on Sunday, the following Monday will be recognized as an off-peak period. No change will be made for holidays falling on Saturday. The Summer Season shall commence at 12:00 a.m. on June 1st and continue until 12:00 a.m. on October 1st of each year. The Winter Season shall commence at 12:00 a.m. on October 1st of each year and continue until 12:00 a.m. on June 1st of the following year. A pro rata computation will be made for seasonal billing purposes. 2. Voltage Service will be supplied at one standard voltage. 3. Maximum Demand Maximum Demands shall be established for the On-Peak, Mid-Peak, and Off- Peak periods. The Maximum Demand for each period shall be the measured maximum average kilowatt input indicated or recorded by instruments, during any 15-minute metered interval, but, where applicable, not less than the diversified resistance welder load computed in accordance with the section designated Welder Service in Rule 2. Where the demand is intermittent or subject to violent fluctuations, a 5-minute interval may be used. 4. Billing Demand The Billing Demand shall be the kilowatts of Maximum Demand, determined to the nearest kW. The Demand Charge shall include the following billing components. The Time Related Component shall be for the kilowatts of Maximum Demand recorded during (or established for) the monthly billing period for each of the On-Peak, Mid-Peak, and Off-Peak Time Periods. The Facilities Related Component shall be for the kilowatts of Maximum Demand recorded during (or established for) the monthly billing period. However, when the Utility determines the Customer's Meter will record little or no energy use for extended periods of time or when the Customer's Meter has not recorded a Maximum Demand in the preceding eleven (11) months, the Facilities Related Component of the Demand Charge may be established at fifty percent (50%) of the Customer's Connected Load. Separate Demand Charge(s) for the On-Peak, Mid-Peak, and Off-Peak Time Periods shall be established for each monthly billing period. The Demand Charge for each time period shall be based on the Maximum Demand for that time period occurring during the respective monthly billing period. 5. Power Factor Adjustment The Customer’s bill will be increased each month for power factor by the amount shown in the Rates section above for service metered and delivered at the applicable voltage level, based on the per kilovar of maximum reactive demand imposed by the Utility. The maximum reactive demand shall be the highest measured maximum average kilovar demand indicated or recorded by metering during any 15-minute metered interval in the month. The kilovars shall be determined to the nearest unit. A Page 344 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS 17 Effective Date: January 1, 2019 device will be installed on each kilovar Meter to prevent reverse operation of the Meter. 6. Temporary Discontinuance of Service Where the use of energy is seasonal or intermittent, no adjustments will be made for a temporary discontinuance of service. Any Customer, prior to resuming service within twelve (12) months after such service was discontinued, will be required to pay all charges which would have been billed if service had not been discontinued. 7. Customer-Owned Electrical Generating Facilities Upon written approval by the Utility, momentary parallel operation may be permitted to allow the Customer to test the auxiliary/emergency generating facilities. 8. Customer Responsibilities The customer will be responsible for all costs associated with the primary point- of-delivery installation, including the metering and primary voltage physical disconnect necessary to isolate the customer's facilities from the utility's facilities. The customer will be responsible to own, operate and maintain all electrical distribution facilities on the customer side of the primary point-of-delivery (typically established at the primary meter). 9. Contracts An initial three-year facilities contract may be required where Applicant requires new or added serving capacity exceeding 2,000 kVA. 10. Billing Calculation A Customer’s bill is calculated according to the rates and conditions above. The charges are calculated by applying the Rate Charges when applicable to the actual billing determinants (kilowatt hours [kWh], demand [kW], kilovar [kVa], etc.). 11. Power Cost Adjustment Factor (PCAF) The rates above are subject to an adjustment as provided in Rule 12, Section E. 12. Change of Law Adjustment Factor (CLAF) The rates above are subject to an adjustment as provided in Rule 12, Section F. 13. State Mandated Public Purpose Programs Charge State law requires all California electric utilities to establish a public purpose programs charge of 2.85% of electric retail revenues to fund qualifying energy efficiency programs, renewable energy resources, research and demonstration projects, and services for low-income electricity customers Page 345 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS 18 Effective Date: January 1, 2019 STREET LIGHTING A. Applicability Applicable to meter for the lighting of streets, and publicly-owned and publicly-operated automobile parking lots which are opened to the general public where the City owns and maintains the street lighting equipment and associated facilities included under this Schedule. B. Territory Within the entire territory served. C. Rates Light Emitting Diode (LED) Lamps – All Night Service Street Lighting Energy Charge - $/kWh/Lamp 0.05915 Lamp Charge - $/Lamp/Month 2.50 Safety Energy Charge - $/kWh/Lamp 0.05915 D. Special Conditions 1. The Applicant shall install streetlights that will be served by the Utility. These streetlights must be installed in accordance with the Utility’s specifications and the developer will deed such facilities to the City. 2. Requirements and Restrictions a. The Applicant for street light service shall specify the type of service, lamp size, and location of street lights. b. Service shall not be furnished under this Schedule where location, mounting height, and/or other considerations are unacceptable to the Utility. c. The installation of street lighting equipment and facilities hereunder is contingent upon the utility obtaining easements, and rights of way, as may be required, satisfactory to the Utility for the required poles, lines, equipment, and facilities. d. Should the Applicant not commence using the street lighting in a bona fide manner within ninety (90) days after date of completion and installation of a street light or street lighting system requested by the Applicant, the Utility will bill, and the Applicant shall pay, the applicable lamp charges(s). 3. Hours of Service Page 346 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS 19 Effective Date: January 1, 2019 Under the Utility’s standard all night operating schedule, approximately 4,140 hours of service per year will be furnished. Kilowatt hours for Lamp Type and Size: The kilowatt hours for lamp types and sizes served under this Schedule used to determine the Energy Charge are shown below: Light Emitting Diode (LED) Lamps Lamp Watts Including Driver Loss Lamp Watts Including Driver Loss Mid-Point Range kWh per Lamp per Month All Night Service 0-5 2.50 0.9 5.01-10 7.50 2.6 10.01-15 12.50 4.3 15.01-20 17.50 6.0 20.01-25 22.50 7.8 25.01-30 27.50 9.5 30.01-35 32.50 11.2 35.01-40 37.50 12.9 40.01-45 42.50 14.7 45.01-50 47.50 16.4 50.01-55 52.50 18.1 55.01-60 57.50 19.8 60.01-65 62.50 21.6 65.01-70 67.50 23.3 70.01-75 72.50 25.0 75.01-80 77.50 26.7 80.01-85 82.50 28.5 85.01-90 87.50 30.2 90.01-95 92.50 31.9 95.01-100 97.50 33.6 100.01-105 102.50 35.4 105.01-110 107.50 37.1 110.01-115 112.50 38.8 115.01-120 117.50 40.5 120.01-125 122.50 42.3 125.01-130 127.50 44.0 130.01-135 132.50 45.7 135.01-140 137.50 47.4 140.01-145 142.50 49.2 145.01-150 147.50 50.9 150.01-155 152.50 52.6 155.01-160 157.50 54.3 160.01-165 162.50 56.1 165.01-170 167.50 57.8 170.01-175 172.50 59.5 Page 347 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS 20 Effective Date: January 1, 2019 4. Maintenance The Utility shall exercise reasonable care and diligence in maintaining its street light facilities or Utility-owned attachments thereto. Where the Utility experiences, or expects to experience, maintenance costs exceeding its normal maintenance expense resulting from, but not limited to, vandalism, the Utility may require the customer to pay the excess maintenance expense. 5. Liability of the Utility The Utility shall not, by taking action pursuant to its tariffs, be liable for any loss, damage, or injury, established or alleged, which may result, or be claimed to result, therefrom. 6. Removal, Relocation or Modification of Facilities Where street lighting service and facilities are ordered removed by a customer, the customer shall pay to the Utility a nonrefundable amount equal to the total estimated cost installed less any Customer contribution, plus the estimated cost of removal less the estimated net salvage value of the facilities. Where street lighting service and facilities were ordered removed by a Customer and such service and facilities, or their equivalent are ordered reinstalled within thirty-six (36) months from the date of the order to remove, the Customer shall pay to the Utility in advance of reinstallation a nonrefundable amount equal to the cost of removal of the prior facilities and the estimated cost of such reinstallation. Where street lighting facilities are ordered modified and /or relocated by a Customer, the Customer shall pay to the Utility, in advance of such modification and/or relocation, a nonrefundable amount equal to the estimated cost of such modification and/or relocation. This includes facilities that now serve street light load only, but that may have been installed originally to serve other than street light load. Utility-owned facilities removed or installed remain the sole property of the Utility. 7. Billing Calculation A Customer’s bill is calculated according to the rates and conditions above. 8. Power Cost Adjustment Factor (PCAF) The rates above are subject to an adjustment as provided in Rule 12, Section E. 9. Change of Law Adjustment Factor (CLAF) The rates above are subject to an adjustment as provided in Rule 12, Section F. 10. State Mandated Public Purpose Programs Charge State law requires all California electric utilities to establish a public purpose programs charge of 2.85% of electric retail revenues to fund qualifying energy efficiency programs, renewable energy resources, research and demonstration projects, and services for low-income electricity customers. Page 348 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS 21 Effective Date: January 1, 2019 TRAFFIC CONTROL A. Applicability Applicable to single and three-phase service for traffic directional signs or traffic signal systems located on streets, highways and other public thoroughfares and to railway crossing and track signals; for public thoroughfare lighting that is utilized twenty-four (24) hours per day or is not controlled by switching equipment, such as tunnel or underpass lighting; and, to public authorities for the illumination of bus stop shelters located in the dedicated road right-of-way where such service is combined with other traffic control service as defined above. B. Territory Within the entire territory served. C. Rates Energy Charge - $/kWh 0.10585 Customer Charge - $/Day 0.60 D. Special Conditions 1. Voltage Service will be supplied at one (1) standard voltage not in excess of 240 volts or, at the option of the Utility, at 240/480 volts, three wire, single-phase. 2. Billing Calculation A Customer’s bill is calculated according to the rate and conditions above. 3. Power Cost Adjustment Factor (PCAF) The rate above is subject to an adjustment as provided in Rule 12, Section E. 4. Change of Law Adjustment Factor (CLAF) The rate above is subject to an adjustment as provided in Rule 12, Section F. 5. State Mandated Public Purpose Programs Charge State law requires all California electric utilities to establish a public purpose programs charge of 2.85% of electric retail revenues to fund qualifying energy efficiency programs, renewable energy resources, research and demonstration projects, and services for low-income electricity customers. Page 349 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS 22 Effective Date: January 1, 2019 OUTDOOR AREA LIGHTING A. Applicability Applicable to single-phase service for metered outdoor area lighting load, controlled for dusk to dawn operation and used for purposes other than street and highway lighting such as, but not limited to parking lots, pedestrian walkways, billboards, building exteriors, security, sports and recreation areas, monuments, decorative areas, and bus shelters. B. Territory Within the entire territory served. C. Rates Energy Charge - $/kWh/Meter/Month 0.06041 Customer Charge- $/Meter/Month 15.25 D. Special Conditions 1. Voltage Service will be provided at one (1) standard voltage. 2. Three-Phase Service Where, in the sole opinion of the Utility, it is impractical to provide single-phase service under this Schedule, three-phase service will be provided. 3. Separate Point of Delivery When requested by the Applicant or Customer, and agreed upon by the Utility, an additional Point of Delivery may be provided, separate from any other Point of Delivery provided under any other applicable Rate Schedule. Customers so served shall not be permitted to have an electrical interconnection beyond the Utility’s Point of Delivery between the separately metered loads except upon written approval of the Utility. A change from this Schedule to any other Rate Schedule will be permitted if the additional Point of Delivery is removed. Any such removal shall be at the Customer's expense. Any rearrangement of facilities required to provide the additional Point of Delivery shall be at the expense of the requesting Applicant or Customer. 4. Controlled Operation Service under this Schedule requires the control of lamps in a manner acceptable to the Utility so that lamps will not be lighted daily from dawn to dusk. Customer shall install, own, operate, and maintain the control device. The Utility shall have Page 350 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS 23 Effective Date: January 1, 2019 the right to periodically inspect the control device to ensure its correct operation and maintenance. 5. Distribution Line Extension Distribution Line Extensions to reach an outdoor area light or area lighting system shall be in accordance with Rule 15. 6. Services Services shall be installed and maintained as provided in Rule 16. 7. Incidental Loads Incidental, non-lighting loads may be served under this Schedule only where such Connected Loads do not exceed fifteen percent (15) of the Customer’s total Connected Load. Incidental Loads must also be controlled for dusk to dawn operation exclusively. 8. Billing Calculation A Customer’s bill is calculated according to the rates and conditions above. The charges are calculated by applying the Rate Charges when applicable to the actual billing determinants (kilowatt hours [kWh], demand [kW], etc.). 9. Power Cost Adjustment Factor (PCAF) The rates above are subject to an adjustment as provided in Rule 12, Section E. 10. Change of Law Adjustment Factor (CLAF) The rates above are subject to an adjustment as provided in Rule 12, Section F. 11. State Mandated Public Purpose Programs Charge State law requires all California electric utilities to establish a public purpose programs charge of 2.85% of electric retail revenues to fund qualifying energy efficiency programs, renewable energy resources, research and demonstration projects, and services for low-income electricity customers. Page 351 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS 24 Effective Date: January 1, 2019 IRRIGATION SYSTEMS A. Applicability Applicable where the Utility determines that 100% of the customer’s electrical usage is for limited irrigation service except for the Customer whose monthly Maximum Demand, in the opinion of the Utility, is expected to exceed 20 kW or has exceeded 20 kW in any three (3) months during the preceding twelve (12) months is ineligible for service under this Schedule. Effective with the date of ineligibility of any Customer served under this Schedule, the Customer’s account shall be transferred to another applicable Rate Schedule. B. Territory Within the entire territory served. C. Rates Energy Charge - $/kWh 0.018459 Customer Charge - $/Day 0.73300 D. Special Condition 1. Voltage Service will be supplied at one (1) standard voltage not in excess of 240 volts or, at the option of the Utility, at 240/480 volts, three wire, single-phase. 2. Billing Calculation A Customer’s bill is calculated according to the rate and conditions above. 3. Power Cost Adjustment Factor (PCAF) The rate above is subject to an adjustment as provided in Rule 12, Section E. 4. Change of Law Adjustment Factor (CLAF) The rate above is subject to an adjustment as provided in Rule 12, Section F. 5. State Mandated Public Purpose Programs Charge State law requires all California electric utilities to establish a public purpose programs charge of 2.85% of electric retail revenues to fund qualifying energy efficiency programs, renewable energy resources, research and demonstration projects, and services for low-income electricity customers. Page 352 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS 25 Effective Date: January 1, 2019 WIRELESS TECHNOLOGY A. Applicability Applicable to single-phase service for wireless technology industries that require electric service to operate radio repeaters or similar devices (wireless communication devices) that are mounted on existing City facilities, or other facilities approved by the Utility and are unmetered. This Schedule excludes Wi-Fi devices on “looped” (served by 120/240 volts) streetlight facilities. Customers must execute an application/contract with the Utility for service under this Schedule and must execute an applicable agreement when devices are attached to City facilities. The monthly kilowatt-hour (kWh) usage of each device shall not exceed 500 kWh. Effective with the date of ineligibility of any Customer served under this Schedule, the Customer's account shall be transferred to another applicable Rate Schedule. If the Customer’s account cannot be transferred to another applicable Rate Schedule, the account will be closed, the Utility’s service will be removed, and the Customer must remove its device and equipment form the applicable City facility. B. Territory Within the entire territory served C. Rates Fixed Energy Charge - $/Device/Month 60.30 Customer Charge - $/Month 17.29 Inspection Charge - $/Device/Month 12.60 Three-Phase Service - $/Day 0.03 Initialization of Service Charge 6.79 D. Special Conditions 1. Contract An approved City contract is required for service under this Rate Schedule. 2. Voltage Service will be supplied at one (1) standard voltage not in excess of 240 volts. 3. Three-Phase Service Where the Utility provides three-phase service, the billing will be increased by the amount shown in the Rates section above. 4. Maximum Wattage The maximum watts/connected load/name plate is 746 watts. 5. Installation The device(s) shall be installed on City facilities or other facilities approved by the Utility. When the devices are installed on City facilities, the installation and Page 353 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS 26 Effective Date: January 1, 2019 removal of such device(s) will be performed by the Customer, and at the Customer’s expense. Device installation shall not be performed under this Rate Schedule, where location, mounting height, and/or other considerations are not acceptable to the Utility. Unless approved by the Utility, all wireless communication devices must be visible to the Utility. 7. Modification of Facilities No modifications can be made to the Customer-owned wireless communications devices unless approved by the Utility. Where the Customer requests a modification of City facilities, and such modifications are acceptable to the City, the City will perform the requested modifications at the Customer’s expense. 8. Maintenance The Utility shall exercise reasonable care and diligence in maintaining its facilities. Upon installation of the device(s), where the Utility experiences, or expects to experience, maintenance costs exceeding its normal maintenance expense resulting from, but not limited to, vandalism, the Utility may require the Customer to pay the excess maintenance expense. 9. Liability of the Utility The Utility shall not, by taking action pursuant to its tariffs, be liable for any loss, damage, or injury, established or alleged, which may result, or be claimed to result, there from. 10. Initialization of Service Charge A one-time charge, as shown in the Rates section of this Rate Schedule, is applied to each service account provided service under this Rate Schedule to recover the costs of a lock and spare fuse which are required with the initialization of service. 11. Power Cost Adjustment Factor (PCAF) The rates above are subject to an adjustment as provided in Rule 12, Section E. 12. Change of Law Adjustment Factor (CLAF) The rates above are subject to an adjustment as provided in Rule 12, Section F. 13. State Mandated Public Purpose Programs Charge State law requires all California electric utilities to establish a public purpose programs charge of 2.85% of electric retail revenues to fund qualifying energy efficiency programs, renewable energy resources, research and demonstration projects, and services for low-income electricity customers. Page 354 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS 27 Effective Date: January 1, 2019 NET ENERGY METERING A. Applicability Applicable to a customer who operates a renewable electrical generation facility that is located on the customer’s premises with a capacity of not more than 1 MW that is interconnected and operates in parallel with the City’s electric system, intended primarily to offset part or all of the customer’s own electrical requirements, and meets all the applicable safety and performance standards. B. Territory Within the entire territory served. C. Net Surplus Compensation Rate For customer accounts established on or after December 1, 2018: The net surplus compensation rate shall be $0.0500 per kWh applied to any net surplus energy remaining at the end of the customer’s twelve (12) monthly billing period (“relevant period”). Grandfathered Provision: For customer accounts established before December 1, 2018: The net surplus compensation rate shall be equivalent to the highest hourly rate that was charged for consumption in their OAT during the year prior to the Customer’s Annual Billing Date. This provision will remain in effect for fifteen (15) years from the Customer’s original year in which the generating facility was interconnected to RCMU’s grid. After that period expires, the Customer will receive the current net surplus compensation that is being offered at that time. D. Rates 1. All rates charged under this schedule will be in accordance with the Eligible Customer-Generator’s otherwise applicable tariff (OAT) or rate schedule. An Eligible Customer-Generator served under this schedule is responsible for all charges in its OAT including the monthly or annual minimum charges (including service, customer, reliability and demand charges, when applicable) regardless of the Customer’s monthly or annual net generation. Eligible Customers under this schedule are subject to any new or additional charge(s) that may be imposed by the Utility on the other customer in the rate class to which Customer would otherwise be assigned. 2. As determined in each billing period, when a customer consumes more energy than generated at the premises (net consumer), the net consumed energy will be used in the calculation of all applicable energy charges, calculated by multiplying the net amount consumed by the applicable energy rate components of the customer’s OAT. Page 355 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS 28 Effective Date: January 1, 2019 3. As determined in each billing period, when a customer generates more energy than is consumed by the customer (net generator), the resulting net produced energy will be calculated by multiplying the net produced kWh by the applicable energy rate component of the Customer’s OAT (including TOU periods) and be a credit on the bill. Any net kilowatt-hours of production credit that exceeds the net consumed energy, will be carried forward into the next billing period. If the Customer’s OAT includes “time of use” (TOU) rates, any net energy consumed monthly shall be calculated according to the terms of the OAT. When the customer is a net generator during any TOU period, the net kilowatt-hours generated shall be valued at the same price per kilowatt-hour as the Utility would charge during that same TOU period. 4. Customers who are Net Surplus Electricity producers at the Customer’s Annual True-Up Date, may elect to either carry over annual Net Surplus Energy production (in kilowatt hours) as a credit that will be applied to kilowatt hours consumed by the Customer or Customer may elect to receive payment to cash out the remaining Net Surplus Energy. D. Special Condition 1. An executed Net Energy Metering and Generating Facility Interconnection Agreement is required prior to receiving service under this Schedule. 2. Metering Requirements: If the customer’s existing meter is not capable of measuring the flow of energy in two directions, an appropriate meter shall be provided at the expense of the customer. The City may elect to install an additional meter or meters, at the City’s expense to provide the information necessary to accurately bill or credit the customer. 3. To be eligible for service under this Schedule, the customer’s generating facilities must be sized to offset part or all of the customer’s own electrical requirements and cannot be oversized. This means that the estimated output of the generating facility, using the CEC-AC nameplate rating for inverter-based generating facilities must not exceed the customer’s previous annual usage in kWh. 4. A new customer of record who owns, leases, or rents a premise that includes an existing generating facility with a capacity under 30 kW that was approved by RCMU for operation prior to the new customer moving in and/or taking electric service with RCMU will take service under this Tariff as long as the requirements of this Tariff are met and will not have to sign a new Interconnection Agreement. This provision also applies to premises where the developer/contractor establishes the interconnection. A new customer of record who owns, leases, or rents a premise that includes an existing generating facility with a capacity over 30 kW that was approved by RCMU for operation prior to the new customer moving in and/or taking electric service with RCMU will take service under this Tariff and will need to sign a new Interconnection Agreement. Page 356 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS 29 Effective Date: January 1, 2019 5. RCMU shall retain any net surplus energy generated by the NEM Customer including any associated environmental attributes or renewable energy credits (RECs). 6. Net Metering Aggregation (NEMA): Customers served under this Tariff with a Generating Facility on a property owned by the Customer, may elect to aggregate electric services to additional properties that are solely owned by the Customer and are located on parcels adjacent or contiguous to the Generating Facility. Generation not used where the Generating Facility is located, is transferred to adjacent properties and equally distributed to the other properties by a percentage determined upon entering into the Interconnection Agreement. NMA does not allow for Net Surplus Compensation for excess generation. E. Billing 1. City shall provide all customers served under this Schedule with net energy consumption information and/or net energy export information with each monthly bill. 2. Customers served under this Schedule shall pay both energy and non-energy charges on a monthly basis, in accordance with the customer’s OAT except as otherwise allowed by State law. The value of net energy production will be used to offset only energy related charges in subsequent billing periods. F. Definitions 1. Net energy metering measures the difference between the electricity supplied through the electric grid and the electricity generated on the customer’s premises and fed back to the electric grid over a Twelve-Month Period. 2. Otherwise Applicable Tariff (OAT) is the customer’s regularly filed rate schedule under which service is rendered. 3. Net Surplus Electricity is the electricity generated by an eligible customer- generator measured in kilowatt hours over a 12-month period that exceeds the amount of electricity consumed by that eligible customer-generator. Page 357 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS 30 Effective Date: January 1, 2019 ECONOMIC DEVELOPMENT A. Applicability Commercial or industrial end-use Customers that would otherwise receive service under the Large Commercial or Large Industrial Electric Rate Schedule and meet certain criteria as established and adopted by resolution of the City Council of the City of Rancho Cucamonga may take advantage of the Economic Development (ED) rate as a New Customer or Expanded Load Customer. This ED rate is applicable to all or part of the services provided to New Customers and Expanded Load Customers, as such terms are defined herein. 1. A New Customer shall be a Customer seeking to locate a new business or relocate an existing business (not currently located within the territory served by the Rancho Cucamonga Municipal Utility (RCMU)) within RCMU’s service territory. a. A New Customer shall meet both of the following criteria in order to qualify for Schedule ED: i. Projected minimum monthly electric demand of at least 200 kW. ii. Job Creation 1. Tier 1 Discount Rate 100 – 249 jobs 2. Tier 2 Discount Rate 250 – 500 jobs 3. Tier 3 Discount Rate greater than 500 jobs 2. An Expanded Load Customer shall be an existing RCMU Large Commercial or Large Industrial customer that is adding new load to RCMU by a minimum monthly electric demand of 200 kW based upon the Customer’s past electrical demand as determined by RCMU. The expanded load can be at the customer’s current site, or at a new site within the RCMU service territory. The Tier 1 ED rate will only be applied to the expanded load as determined in Section 6 below. B. Territory Within the entire territory served. C. Character of Service The service provided hereunder shall be alternating current with regulated frequency of 60 hertz, three-phase, or a combination single and three-phase served through one meter, at a standard voltage specified by RCMU. To be eligible to participate all customers must have a demand meter. D. Rates Except as provided herein, or in the Economic Development Rate Agreement, all charges and provisions of the Customer’s otherwise applicable rate schedule shall apply. The applicable Energy Charge and Demand Charge under the Customer’s otherwise applicable rate schedule will be reduced as follows: Page 358 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS 31 Effective Date: January 1, 2019 Tier 1 Tier 2 Tier 3 Years 1 - 2 20% 20% 20% Years 3 - 4 15% 17% 20% Year 5 10% 12% 15% E. Special Conditions 1. Term: Economic Development Rate Agreements entered into under this Schedule shall be for a single five-year term. 2. Approval: Application of this Rate Schedule shall be subject to the approval of the City Manager or his/her designee, based on meeting the eligibility criteria outlined herein. 3. Agreement: The Customer must sign a standard Rancho Cucamonga Economic Development Rate Agreement in order for the rates under this Schedule to be applicable. In addition to the other terms of this Schedule, the Economic Development Rate Agreement shall require the Customer to reimburse Rancho Cucamonga for all rate reductions received under this Schedule, if the Customer fails to maintain the required minimum load during the five-year term of the Agreement. 4. Minimum Load: Customers qualifying under this Schedule as a New Customer with a projected minimum monthly electric demand of at least 200 kW or as an Expanded Load Customer under Applicability Sections 1 and 2 above, respectively, must agree to maintain a minimum level of load for five years from the date service is first rendered under this Schedule and to document compliance with all applicable requirements, as set forth in the Economic Development Rate Agreement. 5. Job Creation / Retention: Customers qualifying under this Schedule as a New Customer with a projected minimum monthly electric demand of at least 200 kW under Applicability Section 1a (ii), respectively, must agree to create and retain a minimum level of full-time equivalent jobs for five years from the date service is first rendered under this Schedule and to document compliance with all applicable requirements, as set forth in the Economic Development Rate Agreement. 6. Base Period Usage: Base Period Usage shall be established and agreed to in the Economic Development Rate Agreement for Expanded Load Customers. Base Period Usage shall be the average monthly energy use and demand for the Customer during the last three years of service to the Customer, from the date ending the last payment period before the date of the Agreement. Expanded Load qualifying for the rate under this Schedule shall be measured as the difference between the new monthly, metered documented energy use and demand, and the Base Period Usage. 7. State Mandated Public Purpose Program Charge: All bills rendered under this Schedule shall be subject to the Public Purpose Program Charge as established by the City Council. Page 359 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS 32 Effective Date: January 1, 2019 8. Miscellaneous Fees and Charges: Rates charged pursuant to this Schedule shall be subject to any Energy Users Taxes, Utility Users Taxes, and any other governmental taxes, duties, or fees which are applicable to Electric Service provided to Customer by the City of Rancho Cucamonga. Rates are also subject to adjustment, as established by the City of Rancho Cucamonga’s City Council, in its sole discretion, in response to federal or state climate change laws, renewable portfolio standard or other mandated legislation. These adjustments may include but are not limited to charges to mitigate the impacts of greenhouse gas emissions or “green power” premiums. 9. Expanded Load: Expanded Load customers applying for this rate must demonstrate to the satisfaction of the Utility that the expanded load is new to the Rancho Cucamonga Municipal Utility. 10. Effective Date: The effective date of the Economic Development Rate Agreement shall commence within 12 months from the date of the City’s approval, or the Agreement becomes null and void. The Agreement becomes effective upon execution by the parties, and the Economic Development Rate commences upon written notice by Customer and coincides with the Customer’s normal billing cycle. 11. Reapplication: Customers who have received service under the Economic Development Rate are eligible to reapply for the rate as an Expanded Load Customer, if they meet the criteria therefore. 12. Restrictions: Residential customers and federal, state or local government agencies are not eligible to apply for service under this Schedule. Page 360 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS 33 Effective Date: January 1, 2019 STANDBY DEMAND CAPACITY RESERVATION CHARGE (SELF GENERATION) A. Applicability Applicable to Large Commercial and Large Industrial customers who operates a non-net metered, non-utility generating facility rated at 1000 kW or less, interconnected on the Customer’s premises and operates in parallel with the City’s electric system. The generating facility is intended primarily to offset part or all of the customer’s own electrical requirements and meets all the applicable safety and performance standards. Standby service customers have unique electric demands, due to their on-site generation assets, that are often quite different from those of full requirement customers. These customers pay standby rates so that they may, in the event of a planned or unplanned outage of their non-utility generating system, take service from the City electric system. The City bears an “obligation to serve” and must configure their system to allow every customer reliable access to the grid. The standby charge is designed to recover the costs of transmission and distribution facilities, as well as substation and transformers dedicated to the customer’s use that do not vary with usage in maintaining sufficient capacity (through operating reserves) in order to serve an unplanned outage, even if such an outage never occurs. The standby charge also includes appropriate service voltage level distinctions: secondary and primary. B. Territory The entire territory served. C. Rates 1. Rates for this service shall be the same as for the schedule under which the customer’s otherwise applicable rate schedule shall apply. 2. Standby Demand Capacity Reservation Charge (CRC): A CRC shall be a flat $/kW amount applied to the Standby Demand in kW, which represents the entire reserved capacity needed for the City to serve the self-generation customer’s load, which would have been regularly served by the customer’s generating facility when such facility experiences a partial or complete outage. The level of Standby Demand shall be provided by the customer and shall not exceed the nameplate capacity of the customer’s generating facility. Standby Charge – Secondary ($/kW) Standby Charge – Primary ($/kW) $8.61 $7.61 3. Demand Charge: As determined in each billing period, a Standby Service customer’s billing demand shall be the kilowatts of Maximum Demand indicated or recorded by instruments, determined to the nearest kW of the absolute net power that the customer received from the City’s electric system. The Demand Page 361 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS 34 Effective Date: January 1, 2019 Charge for each time period shall be based on the Maximum Demand for that time period occurring during the respective monthly billing period. 4. Energy Charge: As determined in each billing period, when a Standby Service customer consumes more energy than generated at the premises, the net consumed energy will be used in the calculation of all applicable energy charges. All Energy shall be billed in accordance with the customer’s Otherwise Applicable Tariff rate schedule which would otherwise apply if the customer had no generating equipment. 5. Other charges: All other specific rate components, including the Power Factor Adjustment Charge, Customer Charge and the State Electric SurTax will not vary based on registered usage or demand of the customer’s generating facility. D. Special Conditions 1. Contract Required - Customer shall sign an Interconnection Agreement contract for this service, which shall state the number of kW of standby capacity required. "Standby capacity" shall not exceed the nameplate rating of the customer’s generating equipment. 2. Metering Requirements - If the customer’s existing meter is not capable of measuring the flow of energy in two directions, an appropriate meter shall be provided at the expense of the customer. The City may elect to install an additional meter or meters, at the customer’s expense to provide the information necessary to accurately bill or credit the customer. 3. The CRC tariff is only applicable to Standby Service customers who require electric capacity and energy supplied by the City on a regular basis to supplement the Customer’s power requirement in addition to that ordinarily supplied by the on-site non-utility generation facilities. If a customer has a planned generator outage with prior notification given to RCMU for an entire billing period the standby charge will not be applicable. 4. Customers exempted from the CRC tariff: (a) Customers with backup on-site generation that is used exclusively when service from the utility is not available in the event of an interruption in utility service and which are not used to offset Customer electricity purchases. (b) The applicability of these exemptions shall be determined at the discretion of the Utilities Manager. 5. Standby Demand in kW represents the entire reserved capacity needed for the City to serve the customer’s load, regularly served by the customer’s generating facility when such facility experiences a partial or complete outage. The level of Standby Demand, which shall not exceed the nameplate capacity of the customer’s generating facility, is initially designated by the customer and is set forth in the generation interconnection agreement. Once a customer’s designated Page 362 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS 35 Effective Date: January 1, 2019 Standby Demand has been set, it shall remain at such level for a minimum of 12 months unless, in the City’s determination, the Standby Demand needs to be adjusted to more accurately represent the customer’s actual reserve capacity needs. Upon the City’s determination that the customer’s designated Standby Demand does not reflect the actual level of needed reserve capacity, over any 15- minute period or through on-site verification, the City shall adjust the Standby Demand to reflect the actual needed reserve capacity. When the Standby Demand is adjusted by the City as provided above, a qualified change in the Standby Demand shall not be made for 12 months from the last adjustment. The customer is responsible for notifying the City of permanent or material changes in their generation facilities (size, type and operations) for future adjustments to the Standby Demand. 6. Diversity Factor - a statistical assumption that a certain percentage of standby load will be utilizing substation and distribution service between each class’ peak demand and the system peak demand. This factor was determined using the diversity factors calculated in the utility’s most recent cost of service study and is embedded in the current CRC tariff. A percentage difference was identified as the diversity factor and the distribution and substation portion of the standby rates were reduced accordingly reflecting a reduction in those infrastructure requirements. E. Billing Calculation A Customer’s bill is calculated according to the rates and conditions above. The charges are calculated by applying the Rate Charges on the customer’s applicable nameplate generation capacity for the generating unit at the customer’s facility. All other usage provided by RCMU will be based on the applicable rate tariff, including any riders or additional charges. Customers served under this Schedule shall pay both energy and non-energy charges on a monthly basis, in accordance with the customer’s Otherwise Applicable Tariff except as otherwise allowed by State law. Page 363 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS 36 Effective Date: January 1, 2019 ELECTRIC VEHICLE CHARGING A. Applicability Applicable solely for the charging of electric vehicles, on a premises or public right of way where a separate RCMU meter to serve electric vehicle (EV) charging facilities is requested. B. Territory Within the entire territory served. C. Rates Energy Charge - $/kWh/Meter/Month Summer Season – On-Peak 0.22907 Mid-Peak 0.10067 Off-Peak 0.04138 Winter Season – On-Peak 0.08509 Mid-Peak 0.07682 Off-Peak 0.04826 Customer Charge - $/Meter/Month Under 20 kW 28.16 Over 20 kW 174.90 Demand Charge - $/kW of Billing Demand/Meter/Month Facilities Related 12.00 Power Factor Adjustment - $/KVA 0.30 D. Special Conditions 1. Time periods are defined as follows: On-Peak: Noon to 6:00 p.m. weekdays except holidays Mid-Peak: 8:00 a.m. to noon and 6:00 p.m. to 11:00 p.m. weekdays except holidays. Off-Peak: All other hours. Holidays are New Year’s Day (January 1), Washington’s Birthday (third Monday in February), Memorial Day (last Monday in May), Independence Day (July 4), Labor Day (first Monday in September), Veteran’s Day (November 11), Thanksgiving Day (fourth Thursday in November), and Christmas (December 25). When any holiday listed above falls on Sunday, the following Monday will be recognized as an off-peak period. No change will be made for holidays falling on Saturday. The Summer Season shall commence at 12:00 a.m. on June 1st and continue until 12:00 a.m. on October 1st of each year. The Winter Season shall commence at Page 364 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS 37 Effective Date: January 1, 2019 12:00 a.m. on October 1st of each year and continue until 12:00 a.m. on June 1st of the following year. A pro rata computation will be made for seasonal billing purposes. 2. Voltage Service will be supplied at one (1) standard voltage. 3. Metering Only EV charging facilities and related equipment shall be separately metered and served under this Schedule. Where RCMU determines that the operation of the EV charging facilities may interfere with service to that customer or other customers, RCMU will install a load management device at customer’s expense to control when EV charging will occur. For purposes of monitoring customer load, RCMU may install at its expense, load research metering. The customer shall provide, at no expense to RCMU, a suitable location for meters and associated equipment. 4. Billing Demand The Billing Demand shall be the kilowatts (kW) of Maximum Demand, determined to the nearest kW. The Demand Charge may include the following billing components. The Time Related Component shall be for the kilowatts of Maximum Demand recorded during (or established for) the monthly billing period. The Facilities Related Component shall be for the kilowatts of Maximum Demand recorded during (or established for) the monthly billing period. However, when the Utility determines the Customer's Meter will record little or no energy use for extended periods of time or when the Customer's Meter has not recorded a Maximum Demand in the preceding eleven (11) months, the Facilities Related Component of the Demand Charge may be established at fifty percent (50%) of the Customer's Connected Load. 5. Maximum Demand The Maximum Demand in any month shall be the measured maximum kilowatt input, indicated or recorded by instruments, during any 15-minute metered interval in the month. 6. Power Factor Adjustment The Customer’s bill will be increased each month for power factor by the amount shown in the Rates section above for service metered and delivered at the applicable voltage level, based on the per kilovar of maximum reactive demand imposed by the Utility. The maximum reactive demand shall be the highest measured maximum average kilovar demand indicated or recorded by metering during any 15-minute interval in the month. The kilovars shall be determined to the nearest unit. A device will be installed on each kilovar meter to prevent reverse operation of the meter. 7. Interconnection Customers taking service under this Schedule shall have no electrical interconnection beyond the RCMU’s Point of Delivery between electrical loads eligible for service under this Schedule and any other electrical loads. 8. Temporary Discontinuance of Service. Page 365 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS 38 Effective Date: January 1, 2019 Where the use of energy is seasonal or intermittent, no adjustments will be made for a temporary discontinuance of service. Any Customer resuming service within twelve (12) months after such service was discontinued will be required to pay all charges which would have been billed if service had not been discontinued. 9. Customer-Owned Electrical Generating Facilities. Upon written approval by the Utility, momentary parallel operation may be permitted to allow the Customer to test the auxiliary/emergency generating facilities. 10. Billing Calculation. A Customer’s bill is calculated according to the rates and conditions above. The charges are calculated by applying the Rate Charges when applicable to the actual billing determinants (kilowatt hours [kWh], demand [kW], kilovar [kVa], etc.). 11. Power Cost Adjustment Factor (PCAF). The rates above are subject to an adjustment as provided in Rule 12, Section E. 12. Change of Law Adjustment Factor (CLAF). The rates above are subject to an adjustment as provided in Rule 12, Section F. 12. State Mandated Public Purpose Programs Charge. State law requires all California electric utilities to establish a public purpose programs charge of 2.85% of electric retail revenues to fund qualifying energy efficiency programs, renewable energy resources, research and demonstration projects, and services for low-income electricity customers. Page 366 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS 39 Effective Date: January 1, 2019 SERVICE ESTABLISHMENT CHARGE A. Applicability Applicable to General Service and Domestic Service customers. B. Territory Within the entire territory served. C. Rates For each establishment of electric service…………… $15.00 D. Special Conditions 1. The service establishment charge provided for herein is in addition to the charges calculated in accordance with the applicable schedule and may be made each time an account is established. As used herein, establishment means each time an account is opened, including a turn on of electric service or a change of name which requires a meter reading. 2. In case the customer requests that electric service be established on the day of his request or outside of regular hours, an additional charge of $11.00 may be made. Page 367 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS 40 Effective Date: January 1, 2019 Electric Fees and Charges Schedule Applicability Applicable to all classes of service as provided in accordance with the Electric Rules and Regulations. Does not supersede any fees and charges listed in the rules which are not included on this schedule. Description Fee Amount Minimum Deposit Greater of twice estimated average monthly bill or $100 Minimum Deposit/Reconnection Greater of three times the estimated average monthly bill or $100 Service Turn-on Charge/Reconnection Three Phase Service Single Phase Service $20 next day $20 next day $55 same day $35 same day $70 after hours $70 after hours Special Appointment Turn-On Charge added to applicable fee (Does not apply to the normal 4-hour window appointment) $10 Return Check Charge In accordance with City of Rancho Cucamonga Ordinance Fund Verification Fee $5.00 Trip charge for additional field visits (cut-off for non- payment, etc.) $15.00 Meter Test/Second Request Within One Year Period $100 paid in advance (if error is found, fee will be refunded) Re-Read/second request within six months $25 (if error is found fee will be refunded) Appointment based meter reads $25 Monthly rental of Remote Metering to resolve access issues $2.50 per month Temporary Turn On or Turn Off of electric service for repair (normal working hours) first aggregate hour is free $95 per hour or faction thereof Temporary Turn On or Turn Off of electric service for repair (after normal hours) $130 per hour or faction thereof Cost to investigate energy diversion Higher of $150 plus material or time and material Generating Facility Interconnection Plan Check and Inspection Rate $150 per hour Page 368 Resolution Amending RCMU Electric Rates City Council –Public Hearing December 5, 2018 RCMU Rate History •For the past 15 years, RCMU has taken pride in extending the most reliable and affordable electric service rates to our customers; •As a locally owned public utility, RCMU is a not for profit utility; •Rates are based on the actual cost to provide the electric service; •Rates are established and approved by the City Council, and; •Continue to provide cost effective electric rates as a City enterprise and economic development tool for the City RCMU Rate Analysis •RCMU’s last rate study was conducted in January 2013. •January 2018: Engaged in a contract with Utility Financial Solutions (UFS) to conduct a Cost of Service Study and Rate Design •Spring 2018 to Fall 2018: •Researched and evaluated: •Total cost of providing electric service (O&M, power contracts, capital improvements and replacement) •Determine RCMU’s revenue requirement •Optimal operating income targets •Identify any cross subsidies between rate classes •Recommend rate adjustments and final rate design RCMU Rate Recommendation •4 major rate components within an electric bill: •Customer Charge (Monthly Fixed and Admin) •Energy Charge (kWh) •Facility Demand (kW) •Time Demand (kW) •Various adjustments in each rate component for all classes to better align with cost of service and reduce cross subsidy •UFS recommended a reduction in all electric rates classes between 1%-9% •Overall reduction of 3.25% to meet RCMU’s revenue requirements Average Monthly Bill Difference Existing Rate Class Average Monthly Bill ($) Average Monthly Difference RCMU vs. SCE Rates Current Proposed $%% Residential (800 kWh) $129 $125 -$4 -3%-30% Small Commercial (1,500 kWh) $227 $218 -$9 -4%-6% Medium Commercial (60 kW; 7,000 kWh) $1,432 $1,426 -$6 -0.4%-16% Medium TOU (220 kW; 88,000 kWh) $8,611 $7,869 -$742 -9%-26% Large Commercial (1,225 kW; 200,000 kWh) $31,985 $30,745 -$1,240 -4%-18% Large Industrial (1,200 kW; 576,000 kWh) $52,681 $48,592 -$4,089 -8%-6% Electric Vehicle (Level 3) $887.35 $845.24 -$42.11 -5%-21% Street Lighting (34W) $10.72 $3.16 -$7.56 -70%-0.7% Misc. rate and fee changes •Residential Rate: Elimination of Tiers 4 and 5 •Streetlight Rate: Align rate with new SCE’s LS-2 rate and Removal of HPS option •Electric Vehicle: New discounted small EV customer charge •Net Energy Metering (NEM): New Aggregation option and updated net surplus compensation rate •Economic Development: Decrease the minimum demand requirement from 500kW to 200kW to expand opportunities. Recommendation •Staff recommends that the City Council open the public hearing and adopt the attached resolution amending RCMU’s electric rates, fees and charges •If approved, the new rates will become effective January 1, 2019. D AT E : December 5, 2018 T O:Mayor and Members of the City Council F RO M :J ohn R . Gillson, C ity Manager INIT IAT E D B Y:L ori S assoon, Deputy City Manager/Administrative Services Robert Neiuber, Human R esources Director L ucy Alvarez- Nunez, Management Analyst I S UB J E C T:C O NS ID E RAT I O N T O AP P RO V E A RE S O L UT IO N M O D I F Y ING PAY I NG AND RE P O RT ING T HE VAL UE O F E M P L O Y E R PAID M E M B E R C O NT RIB UT I O NS T O C AL P E RS. RE COMMENDAT ION: Staf f recommends that the City C ouncil approve a resolution modif ying paying and reporting the value of employer paid member contributions. BACKGROUND: T he City has written labor agreements which specifically provide f or the normal member pension contributions to be paid by the employer and reported as additional compensation. T he C ity Council previously approved R esolution 11-063 which modified paying and reporting the value of Employer Paid Member C ontributions (E P MC) f or employees who met the conditions as set forth below: 8% of the normal contributions as E P MC and reporting the same percent of compensation earnable as additional compensation for employees hired prior to September 1, 2010; 7% of the normal contributions as E P MC and reporting the same percent of compensation earnable as additional compensation for employees hired on or after S eptember 1, 2010; 6% of the normal contributions as E P MC and reporting the same percent of compensation earnable as additional compensation for employees hired on or after J uly 4, 2011. R ecently, the C ity Council approved R esolution 18-108 which modifies the Employer P aid Member C ontributions (E P MC ) f or R ancho C ucamonga City Employee Association (R C C E A) covered employees to be ef f ective the f irst f ull pay period in J anuary, 2019 as set f orth below: T he C ity will pay 5% of the CalP E R S member contribution for employees hired prior to S eptember 1, 2010, and employees will pay 3% of their P E R S able compensation towards the CalP E R S member contribution and 2% of their P E R Sable compensation towards the CalP E R S employer contribution; T he C ity will pay 5% of the CalP E R S member contribution for employees hired on or af ter September 1, 2010, and employees will pay 3% of their P E R S able compensation towards the Page 369 C alP E R S me mbe r contribution and 2% of their P E R Sable compensation towards the CalP E R S employer contribution; T he City will pay 4% of the CalP E R S member contribution f or employees hired on or after J uly 4, 2011, and employees will pay 3% of their P E R S able compensation towards the C alP E R S member contribution and 2% of their P E R S able compensation towards the CalP E R S employer contribution. T he City C ouncil also approved A mendment No. 7 to the City Manager Contract which modif ies the Employer Paid Member C ontributions (E P MC ). Effective the first full pay period in J anuary, the C ity Manager will pay the eight percent (8%) of his P E R Sable compensation towards the C A L P E R S member contribution. T he C ity will no longer contribute or report E P MC f or the C ity Manager. ANALY S IS: T he C ity recommends that the City C ouncil approve the attached resolutions which modify paying and reporting the value of employer paid member contributions as specified in R esolution 18-108 and Amendment No. 7 of the City Manager E mployment A greement. T hese changes have already been incorporated into the R C C E A MO U and C ity Manager E mployment agreement as noted above, but now must also be adopted by Resolution in accordance with CalP E R S regulations. FISCAL IMPACT: T hese changes will result in cost savings f or the City by reducing E P MC for R C C E A covered employees and the City Manager. COUNCIL GOAL(S) ADDRE S S E D: E NHA NC I NG P R E MI E R C O MMUNI T Y S TAT US T he City is responsible for undertaking programs and projects to manage and enhance Rancho C ucamonga's position as the premier community in our region. AT TAC HM E NT S : D escription Attachment 1 - R E S O L UT I O N Modifying E P MC f or R C C E A Attachment 2 - R E S O L UT I O N Modifying E P MC f or City Manager Page 370 RESOLUTION NO. 18-124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MODIFYING PAYING AND REPORTING THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS TO CALPERS FOR RANCHO CUCAMONGA CITY EMPLOYEE ASSOCIATION (RCCEA) WHEREAS, the City Council of the City of Rancho Cucamonga has the authority to implement Government Code Section 20636(c)(4) pursuant to Section 20691; and WHEREAS, the City Council of the City of Rancho Cucamonga has written labor agreements which specifically provide for the normal member contributions to be paid by the employer; and reported as additional compensation; and WHEREAS, one of the steps in the procedure to modify Section 20691 is the adoption by the City Council of the City of Rancho Cucamonga of a Resolution to commence paying and reporting the value of said Employer Paid Member Contributions (EPMC) for employees who meet the conditions set forth; and WHEREAS, the City Council of the City of Rancho Cucamonga has identified the following conditions for the purpose of its election to pay EPMC: • This benefit shall apply to all miscellaneous employees within the Rancho Cucamonga City Employees Association bargaining unit. • This benefit shall consist of paying 5% of the normal contributions as EPMC, and reporting the same percent (value) of compensation earnable* (excluding Government Code Section 20636(c)(4) as additional compensation for employees hired prior to September 1, 2010). • This benefit shall consist of paying 5% of the normal contributions as EPMC, and reporting the same percent (value) of compensation earnable* (excluding Government Code Section 20636(c)(4) as additional compensation for employees for employees hired on or after September 1, 2010). • This benefit shall consist of paying 4% of the normal contributions as EPMC, and reporting the same percent (value) of compensation earnable* (excluding Government Code Section 20636(c)(4) as additional compensation for employees hired on or after July 4, 2011). • The effective date of this resolution shall be January 7, 2019. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga elects to pay and report the value of EPMC, as set forth above. *Note: Payment of EPMC and reporting the value of EPMC on compensation earnable is on payrate and special compensation except special compensation delineated in Government Code Section 20636(c)(4) which is the monetary value of EPMC on compensation earnable Page 371 RESOLUTION NO. 18-130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MODIFYING PAYING AND REPORTING THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS TO CALPERS FOR THE CITY MANAGER WHEREAS, the City Council of the City of Rancho Cucamonga has the authority to implement Government Code Section 20636(c)(4) pursuant to Section 20691; and WHEREAS, the City Council of the City of Rancho Cucamonga has written labor agreements which specifically provide for the normal member contributions to be paid by the employer; and reported as additional compensation; and WHEREAS, one of the steps in the procedure to modify Section 20691 is the adoption by the City Council of the City of Rancho Cucamonga of a Resolution to commence paying and reporting the value of modified Employer Paid Member Contributions (EPMC) for employees who meet the conditions set forth; and WHEREAS, the City Council of the City of Rancho Cucamonga has identified the following conditions for the purpose of its election to pay EPMC: • This benefit shall apply to miscellaneous employee – City Manager. • This benefit shall consist of paying 0% of the normal contributions as EPMC, and reporting the same percent (value) of compensation earnable* (excluding Government Code Section 20636(c)(4)) as additional compensation. • The City will no longer contribute EPMC or report a percent (value) of compensation earnable* (excluding Government Code Section 20636(c)(4)) as additional compensation for the City Manager. • The effective date of this resolution shall be January 7, 2019. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga elects to pay and report the value of EPMC, as set forth above. *Note: Payment of EPMC and reporting the value of EPMC on compensation earnable is on payrate and special compensation except special compensation delineated in Government Code Section 20636(c)(4) which is the monetary value of EPMC on compensation earnable Page 372 D AT E : December 5, 2018 T O:Mayor and Members of the City Council F RO M :J ohn R . Gillison, C ity Manager INIT IAT E D B Y:Darryl Polk, I nnovation and Technology Director Tamara L . L ayne, F inance D irector S UB J E C T:C O NS ID E RAT I O N T O AP P RO V E F INANC I NG L E AS E S WIT H D E L L F INANC I AL S E RV I C E S F O R AC Q UI S I T I O N O F HARD WARE E Q UI P M E NT AND S O F T WARE F O R T HE C IT Y ’S D ATA C E NT E R I N C O NNE C T IO N T O C IT Y C O NT RAC T NO. 18-120 WI T H S ID E PAT H, I NC. RE COMMENDAT ION: I t is recommended that the City Council adopt Resolution No. 18-128, approving f inancing leases with Dell F inancial S ervices for acquisition of hardware equipment and software f or the replacement of the C ity’s data center inf rastructure in connection to City Contract No. 18-120 with S idepath, I nc.; and authorize additional appropriations from the Computer E quipment and Technology Replacement F und. BACKGROUND: On October 3, 2018, the City Council awarded Contract No. 18-120 to Sidepath, I nc. of L aguna Hills, C A under the National A ssociation of S tate Procurement Officials (NA S P O) Valuepoint cooperative agreement, Contract No. MNW NC -108, to procure hardware equipment (the “Equipment”) and software (the “S oftware”) and to provide installation services of an updated virtual server environment in the amount of $2,730,533, with $639,914 allocated f or computer sof tware, $265,781 allocated for contract services and $1,824,838 allocated f or computer hardware. A t that time, staff had negotiated a preliminary lease financing with D ell F inancial Services (“D ell”) to amortize the cost of the entire project, including services, sof tware and hardware, over a f ive (5) year period. ANALY S IS: F or the financing, D ell proposes to enter into two supplements, each called a “L ease S chedule,” to an existing Master L ease Agreement No. 6649212 (previously executed by the City and D ell on D ecember 20, 2012). One L ease S chedule pertains to the f inancing of the equipment. T he second L ease Schedule pertains to the f inancing of the software. I n addition, certain terms of the Master L ease A greement will be updated by an Amendment No. 1 to the Master L ease A greement. T he C ity Attorney’s office has reviewed the substantive provisions of each of the A mendment No. 1 to the Master L ease A greement, the L ease Schedule for the hardware, and the L ease Schedule for the software. T he acquisition price of the S of tware (and thus principal amount of the S oftware F inancing L ease) will be $639,914. T he S oftware F inancing L ease establishes a 5-year term, with an annual payment of $127,983, based on an interest rate of 0% per annum. Page 373 T he purchase price of the equipment (and thus principal amount of the E quipment F inancing L ease) will be $1,824,838. T he E quipment F inancing L ease establishes a 5-year term, with an annual payment of $399,347, based on an interest rate of 4.715% per annum. T he interest rate is provided based on a tax- exempt financing. I n a “tax-exempt” f inancing, the interest earned by the payment recipient is expected to be exempt from f ederal income tax, based on the C ity’s agreement to comply with applicable tax law requirements. Pursuant to Government C ode S ection 5852.1 (which became ef f ective J anuary 1, 2018), the f ollowing good faith estimates (as obtained by the City f rom D ell, the f inancing provider) must be disclosed at a public meeting before the City Council’s authorization of the financing lease (which has a term greater than 13 months): I nf ormation to be disclosed per Government Code Section 5852.1: E stimates for the 2018 D ell F inancing Hardware Software True interest cost of the obligation $190,146 $0 A mount of proceeds received by the C ity from financing, less the finance charge and any reserves or capitalized interest paid or funded with f inancing proceeds* $1,824,838 $639,914 F inance charge of the financing (the sum of fees and charges paid to third parties $0 $0 T he total payment amount (the sum total of all lease payments) $2,014,984 $639,914 Per C ity C ouncil’s prior approval of Contract No. 18-120, the City has entered into a Prof essional Services Agreement with S idepath, I nc., for S idepath to provide prof essional and technical services to install and implement the technology. P ayment to S idepath will be based on invoice for work perf ormed and will not be part of the Dell financing lease. FISCAL IMPACT: F unding for the City’s virtual server environment will be provided by the C ity (80%) and Fire D istrict (20%) C apital R eserves as transfers into the Computer E quipment and Technology R eplacement Fund. T he following additional appropriations are being submitted for approval to provide resources to fund the entire purchase: 1025001-9714 Transf er Out-F und 714 $334,489 3288501-9714 Transf er Out-F und 714 $158,622 1714000-8025 Transf er I n-F und 025 $334,489 1714000-8288 Transf er I n-F und 288 $158,622 F unding in the amount of $300,000 for server replacement was approved in the Computer E quipment and Technology Replacement F und as part of the F Y 2018/19 A dopted B udget. However, additional appropriations are being submitted for approval to pay for the remaining cost of the contract services with Sidepath, I nc. T he additional appropriations to be approved are as f ollows: 1714001-5300 C ontract S ervices - C ity $265,781 1714001-5703 C apital L ease P ayment $227,330 Page 374 A budget also needs a transfer to be approved as follows: F rom 1714001-5605 Capital Outlay – C omputer Equipment to 1714001-5703 Capital L ease Payment $300,000 T he appropriations approved as part of the O ctober 3, 2018 staff report will be superseded by the above requested appropriations. I n summary, the F ire District (20%) and the City (80%) C apital R eserves will provide f unding f or the C omputer E quipment and Technology R eplacement F und to pay for the annual hardware and software lease payments (a total of $527,330) and the related contract services ($265,781) f or F Y 2018/19. COUNCIL GOAL(S) ADDRE S S E D: T his project addresses Council’s goal for mid and long-range planning by ensuring aging equipment is replaced in a timely manner, avoiding expenditures and operational downtime from f ailing equipment that has reached end of support. AT TAC HM E NT S : D escription Attachment 1 Resolution Page 375 RESOLUTION NO. 18-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING FINANCING LEASES FOR THE ACQUISITION OF EQUIPMENT AND SOFTWARE FOR THE CITY’S DATA CENTER INFRASTRUCTURE, AND TAKING RELATED ACTIONS A. RECITALS. 1. The City of Rancho Cucamonga (the “City”), a municipal corporation duly organized and existing under and pursuant to the Constitution and laws of the State of California, is authorized under Section 37351 of the California Government Code to purchase, lease, exchange, or receive such personal property as is necessary or proper for municipal purposes and to control, dispose of, and convey such property for the benefit of the City. 2. By minute action on October 3, 2018, the City Council approved the acquisition of certain hardware equipment (the “Equipment”) and software (the “Software”) for the City’s data center infrastructure. 3. The City utilized the purchasing procedures set forth in the City’s Purchasing Ordinance in effecting this procurement. 4. The City and has previously entered into a Master Lease Agreement No. 6649212, dated as of December 19, 2012 (the “Master Agreement”). 5. There has been presented to the City a proposal to finance the acquisition of the Equipment pursuant to the Master Agreement, as amended and supplemented by Amendment No. 1 (“Amendment No. 1”), and a Lease Purchase Schedule (the “Equipment Schedule”). The Master Agreement, as amended and supplemented by Amendment No. 1 and the Equipment Schedule, is referred to herein as the “Equipment Financing Lease”). 6. There has been presented to the City a proposal to finance the acquisition of the Software pursuant to the Master Agreement, as amended and supplemented by Amendment No. 1, and a Lease Purchase Schedule (the “Software Schedule”). The Master Agreement, as amended and supplemented by Amendment No. 1 and the Software Schedule, is referred to herein as the “Software Financing Lease”) 7. Each of the Equipment Financing Lease and the Software Financing Lease (together, the “Financing Leases”) will be entered into by and between Dell Financial Services L.L.C. (“Dell Financial”), as the lessor, and the City, as the lessee, with the understanding that Dell Financial intends, on or before the funding date, to assign Dell Financial’s rights, title and interest in the Financing Leases to Dell Equipment Funding LP. Page 376 B. RESOLUTION. NOW, THEREFORE, THE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS: SECTION 1. This City Council finds and determines that all of the above recitals are true and correct. SECTION 2. The Mayor or, in the Mayor’s absence, the Mayor Pro Tem, each acting individually, is hereby authorized, for and in the name of and on behalf of the City, to execute and deliver Amendment No. 1, in substantially the form on file with the City Clerk, with such changes therein as the Mayor (or the Mayor Pro Tem, as the case may be) executing the same may approve (such approval to be conclusively evidenced by such execution and delivery). SECTION 3. The City Council hereby approves the lease financing of the Equipment. The Mayor or, in the Mayor’s absence, the Mayor Pro Tem, each acting individually, is hereby authorized, for and in the name of and on behalf of the City, to execute and deliver the Equipment Schedule, in substantially the form on file with the City Clerk, with such changes therein as the Mayor (or the Mayor Pro Tem, as the case may be) executing the same may approve (such approval to be conclusively evidenced by such execution and delivery); provided that the total principal component of the Rent (as defined in the Financing Lease) payable by the City thereunder shall not exceed $1,824,838 and, except in an event of default as described in the Equipment Financing Lease, the interest rate evidenced by the interest components of the Rent shall be 4.715 percent per annum for the term of the Financing Lease. SECTION 4. The City Council hereby approves the lease financing of the Software. The Mayor or, in the Mayor’s absence, the Mayor Pro Tem, each acting individually, is hereby authorized, for and in the name of and on behalf of the City, to execute and deliver Software Schedule, in substantially the form on file with the City Clerk, with such changes therein as the Mayor (or the Mayor Pro Tem, as the case may be) executing the same may approve (such approval to be conclusively evidenced by such execution and delivery); provided that the total principal component of the Rent payable by the City thereunder shall not exceed $639,914 and, except in an event of default as described in the Software Financing Lease, the interest rate evidenced by the interest components of the Rent shall be 0 percent per annum for the term of the Financing Lease. SECTION 5. The City Council hereby finds and determines that the lease financings approved hereby is consistent with the City’s debt management policy (adopted on December 20, 2017, pursuant to Resolution No. 17-116). SECTION 6. The Mayor, the Mayor Pro Tem, the City Manager. the Finance Director and all other officers of the City, and each of them individually, are hereby authorized and directed, for and in the name of and on behalf of the City, to execute and deliver any and all documents, to do any and all things and take any and all actions (including, but limited to, the payment of any fee due to the California Debt and Investment Advisory Commission under Government Code Section 8856 in connection with the financing) that may be necessary or advisable in order to consummate the financing and to effect the purposes of this resolution. All actions heretofore taken by officers, Page 377 employees, and agents of the City that are in conformity with the purposes and intent of this resolution are hereby approved, confirmed, and ratified APPROVED and PASSED this ____ day of ___________, 2018. L. Dennis Michael, Mayor I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Rancho Cucamonga at a regular meeting held on the ____ day of ___________, 2018, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Dated: JANICE C. REYNOLDS, City Clerk Page 378 Dell Finance Lease Offer for Data Center Equipment Replacement •On October 3, 2018, the City Council awarded Contract No. 18-120 to Sidepath, Inc. of Laguna Hills, CA under the National Association of State Procurement Officials (NASPO) Valuepoint cooperative agreement, Contract No. MNWNC-108, to procure hardware equipment (the “Equipment”) and software (the “Software”) and to provide installation services of an updated virtual server environment in the amount of $2,730,533, with $639,914 allocated for computer software, $265,781 allocated for contract services and $1,824,838 allocated for computer hardware. •Working with Dell Finance, staff has negotiated specific lease terms for the project that are fiscally prudent and protect the City’s interests. Dell Finance Lease Offer for Data Center Equipment Replacement Project Costs by Category Hardware Software Services VxRail and Dell Servers $1,824,838 VMWare Virtual Server Environment $639,914 Sidepath installation $97,500 Dell and VMWare Support Services $78,337 Sales Tax $89,944 Total Project Cost $2,730,533 Dell Finance Lease Offer for Data Center Equipment Replacement Dell Finance Lease Terms Hardware Software Annual 5-year Lease Payment $399,348 $127,983 Actual Annual Percentage Rate (APR)4.715%0.00% Net Annual 5-Year Lease Payment $527,331 Net Annual Percentage Rate (APR)3.49% Dell Finance Lease Offer for Data Center Equipment Replacement Dell Financing Disclosures Hardware Software True Interest Cost of the obligation $190,146 $0 Amount of proceeds received by the City from financing, less the finance charge and any reserves or capitalized interest paid or funded with financing proceeds $1,824,838 $639,914 Finance charge of the financing (the sum of fees and charges paid to third parties) $0 $0 The total payment amount (the sum total of all lease payments) $2,014,984 $639,914 Staff recommends Council adoption of Resolution No. 18-128 to approve the terms of the 5-year lease. D AT E : December 5, 2018 T O:Mayor and Members of the City Council F RO M :J ohn R . Gillison, C ity Manager INIT IAT E D B Y:Tamara L . L ayne, F inance D irector S UB J E C T:C O NS ID E RAT I O N T O AD O P T TAX-AD VANTAG E D B O ND S P O S T - I S S UANC E C O M P L I ANC E P RO C E D URE S . RE COMMENDAT ION: Staf f recommends that the C ity Council adopt a resolution adopting Tax-A dvantaged B onds P ost- I ssuance Compliance Procedures and take related actions. BACKGROUND: T he C ity and the City’s related public entities (such as the Rancho Cucamonga Public F inancing A uthority) issue bonds from time to time, including tax-exempt bonds (i.e., the interest on which is exempt from federal income tax). “Bonds” in this case refers to not just “bonds” but other types of debt obligations, such as financing lease payments, certif icates of participation and notes. I n connection with tax-exempt bonds, an issuer must comply with federal tax law requirements. I n recent years, the United S tates I nternal R evenue Service (I R S ) has placed a new f ocus on the importance of an issuer ’s adoption of written procedures to monitor post-issuance compliance. ANALY S IS: Bonds that are issued by public entities to finance or refinance public capital improvements and equipment, or f or certain other purposes, are sometimes provided preferential treatment under the federal tax laws. S uch bonds include those that are commonly referred to as “tax-exempt bonds” and others ref erred to as “tax credit bonds.” T hey are often collectively ref erred to by the I R S as “tax-advantaged bonds.” Tax-advantaged bonds are subject to federal tax requirements both at the time when the bonds are issued and for as long as they remain outstanding. F ailure by the issuer to comply with any applicable federal tax requirement with respect to tax-advantaged bonds jeopardizes their preferential treatment and could subject the issuer of non-compliant bonds to I R S penalties or civil liability. I n recent years, the I R S has f ocused on the importance of issuers establishing written procedures to monitor post-issuance compliance with respect to tax-advantaged bonds. C ity staf f currently monitor post- issuance compliance with federal tax requirements of outstanding bonds and ref er questions on an as- needed basis to legal counsel. The post-issuance compliance procedures attached to R esolution No. 18- 128 as Exhibit A would f ormalize and aid the City’s monitoring process with written procedures that can be used as a checklist. These procedures advance recent I R S objectives and serve as a measure of added internal controls to assist in preventing violations from occurring, or timely correcting identified violations, to ensure the continued tax-advantaged status of the bonds. Page 379 FISCAL IMPACT: T he costs associated with the requirements set forth in these procedures are paid from the funds established for the purpose of maintaining the issued bonds and will not have any f iscal impact on the General F und budget. COUNCIL GOAL(S) ADDRE S S E D: Establishing sound financial policies and procedures for the issuance of bonds supports the Council's ef f orts to develop mid-range and long-term goals and vision f or the City by ensuring that the City is in compliance with related federal tax laws. AT TAC HM E NT S : D escription Attachment 1 - R esolution Attachment 2 - C ompliance P rocedures Page 380 RESOLUTION NO. 18-129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING TAX-ADVANTAGED BONDS POST-ISSUANCE COMPLIANCE PROCEDURES AND TAKING RELATED ACTIONS A. RECITALS. 1. The City of Rancho Cucamonga (the “City”), and its related entities (such as the Successor Agency to the Rancho Cucamonga Redevelopment Agency and the Rancho Cucamonga Public Financing Authority) have issued bonds, the interest on which is excluded from gross income for federal income tax purposes pursuant to the Internal Revenue Code of 1986, as amended (the “Code”). 2. The City and its related public entities may issue additional tax-exempt bonds and may also issue bonds or other obligations that entitle the issuer, the owners of the bonds, or another party to a credit against federal income tax liability or to a refundable credit from the United States Treasury. 3. Such tax-exempt or tax-credit bonds are sometimes referred to as “tax- advantaged bonds” (“Tax-Advantaged Bonds”) and issuers of Tax-Advantaged Bonds are required to comply with certain post-issuance requirements in accordance with the Code. 4. The City Council desires to adopt the Tax-Advantaged Bonds Post- Issuance Compliance Procedures (the “Procedures”) as set forth in Exhibit A hereto. NOW, THEREFORE, THE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS: SECTION 1. This City Council finds and determines that all of the above recitals are true and correct. SECTION 2. The Procedures, as set forth in Exhibit A, are hereby approved and adopted, and shall be made applicable to all tax-advantaged bonds issued by or on behalf of the City and its related public entities. The City Manager, in consultation with legal counsel, is hereby authorized to amend the Procedures from time to time as necessary or appropriate. SECTION 3. The City Manager, the Finance Director and all other officers of the City are hereby authorized and directed, jointly and severally, to do any and all things to effectuate the purposes of this Resolution and to implement both such Procedures and any such actions previously taken by such officers are hereby ratified and confirmed. Page 381 APPROVED and PASSED this 5th day of December, 2018. L. Dennis Michael, Mayor I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Rancho Cucamonga at a regular meeting held on the 5th day of December, 2018, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Dated: JANICE C. REYNOLDS, City Clerk Page 382 Exhibit A -1- 11231-0001\2232520v1.doc TAX-ADVANTAGED BONDS POST-ISSUANCE COMPLIANCE PROCEDURES 1. BACKGROUND AND TRAINING Bonds that receive preferential treatment under federal law are commonly referred to by the Internal Revenue Service as "tax-advantaged bonds.” These bonds are issued by (or on behalf of) state and local governments, such as the City of Rancho Cucamonga and its related public entities (such as the Successor Agency to the Rancho Cucamonga Redevelopment Agency, the Rancho Cucamonga Public Financing Authority). These bonds are subject to federal tax requirements both at the time the bonds are issued and for as long as they remain outstanding. An issuer's (or other party's) failure to comply with any applicable federal tax requirement with respect to these bonds jeopardizes their preferential treatment. While compliance with many federal tax requirements occurs at closing, other federal tax requirements require on-going monitoring after the issuance of the bonds. These requirements include filing a Form 8038 information return (8038-G for fully tax- exempt bonds, 8038-GC for fully tax-exempt bonds with an issue price of less than $100,000 and 8038 for tax-exempt private activity bonds) and the issuer having reasonable expectations of on-going, post-issuance compliance. Post-issuance federal tax requirements generally fall into two categories: (1) the use of proceeds and the use of bond-financed property; and (2) arbitrage yield restriction on investments and rebate. Use requirements require monitoring of the various direct and indirect uses of bond-financed property over the life of the bonds and calculations of the percentage of nonqualified uses. Arbitrage requirements also require monitoring over the life of the bonds to determine whether both the yield on investments acquired with bond proceeds are properly restricted and whether the City must file a Form 8038-T to pay a rebate or a yield reduction payment. Post-issuance compliance procedures will help the City monitor compliance as long as the bonds remain outstanding and improve the City's ability to identify noncompliance and prevent violations from occurring, or timely correct identified violations, to ensure the continued tax-advantaged status of the bonds. The designated officer or employee (described in Section 2.A, below) and anyone assigned particular responsibilities in connection with the procedures described below must read the certificate regarding compliance with certain tax matters (commonly referred to as the "tax certificate") that is executed by the City (or a related public entity) in connection with each bond issue for a more complete explanation of the matters described in these Procedures. In addition, the designated officer or employee and anyone assigned particular responsibilities should discuss these matters with bond counsel. 2. GENERAL ADMINISTRATION A. Responsible Officers or Employees. The City Manager will designate the officer (e.g., the Finance Director) who will be responsible for compliance with each of the Page 383 -2- procedures set forth below. The City Manager may designate other employees who will also be responsible for such compliance. The City Manager will notify the current holder of that office, or the employee, of the responsibilities and provide that person a copy of these Procedures. The holder of the office, or the employee, may in turn designate other officers or employees and assign to them particular responsibilities for certain of these Procedures. Qualified consultants may also assist in conducting the compliance procedures. The City Manager will be notified in writing of all such designations and assignments under this Section or under the following Section 2.B. B. Reassignment of Responsibilities. Upon the transition of a designated officer or employee, the City Manager will advise the new officer or employee of the responsibilities under these procedures. If officer or employee positions are restructured or eliminated, the City Manager, or his or her designee will reassign responsibilities as necessary to ensure that all of the procedures listed below have been appropriately assigned. C. Periodic Reviews. The designated officer or employee will conduct periodic reviews of compliance with these procedures and with the terms of any existing tax certificate relating to outstanding tax-advantaged bonds to determine whether any violations have occurred. Such periodic reviews will occur at least once annually. In the event that violations have occurred, bond counsel will be contacted immediately so that violations can be remedied through the remedial actions set forth in Section 1.141-12 of the Treasury Regulations, the Voluntary Closing Agreement Program (VCAP) described in IRS Notice 2008-31, or further guidance as may be provided by the IRS. Where necessary, violations will be reported to the IRS by submitting a VCAP request within 90 days after identification of the violation. D. Changes or Modifications to Bond Terms. If any change or modification to the terms of tax-advantaged bonds is contemplated, the designated officer or employee will immediately contact bond counsel. E. Recordkeeping. For each issue of tax-advantaged bonds, the designated officer or employee will: (1) maintain a copy of the transcript of the documents relating to the bonds. (2) maintain records of all facilities and other costs (e.g., issuance costs, credit enhancement fees and capitalized interest) and uses (e.g., deposits to project funds and reserve funds) for which bond proceeds were spent or used (in the case of a qualified private activity bond, the City will assure that any conduit borrower will be responsible for providing the City with this information); (3) maintain records of investments and expenditures of bond proceeds, rebate exception analyses, rebate calculations, Forms 8038-T, and rebate and yield reduction payments, and any other records relevant to compliance with arbitrage restrictions (in the case of a qualified private activity bond, the City will assure that the Page 384 -3- borrower will be responsible for providing the City with this information in the event it is not otherwise available to the City); (4) maintain all records described in these Procedures while any bonds of the issue are outstanding and during the three-year period (or such longer period as appropriate under applicable State law or Federal securities law) following the final maturity or redemption of the bond issue or, if later, while any bonds that refund bonds of that original issue are outstanding and for the three year period (or such longer period as appropriate under applicable State law or Federal securities law) following the final maturity or redemption date of the latest refunding bond issue; and (5) maintain copies of all of the following contracts or arrangements with non-governmental persons or organizations or with the federal government: (a) the sale of any bond-financed facility; (b) the lease of any bond-financed facility; (c) management or service contracts relating to a bond-financed facility; (d) research contracts involving research undertaken in a bond-financed facility; and (e) any other contracts involving "special legal entitlements" (such as naming rights or exclusive provider arrangements) with respect to a bond-financed facility. 3. IRS INFORMATION RETURN FILING In cooperation with bond counsel, the designated officer or employee will ensure that the Form 8038-G (or other applicable Form 8038) is timely filed (on or before the 15th day of the second calendar month after the end of the calendar quarter in which the bonds were issued) with respect to each tax-advantaged bond issue, including any required schedules and attachments. 4. INVESTMENT AND EXPENDITURE OF BOND PROCEEDS AND REBATE A. Track Investments and Expenditures. The designated officer or employee will ensure the existence of an established accounting procedure for tracking the investment and the timely expenditures of bond proceeds, including investment earnings. B. Reimbursement. Upon issuance of the bonds, the designated officer or employee will allocate bond proceeds to reimbursement of prior expenditures (assuming, if required, an appropriate declaration of intent to reimburse has been adopted). In the case of qualified private activity bonds, the designated officer or employee may rely on information provided by the conduit borrower. C. Final Allocations. The designated officer or employee will ensure that a final allocation of bond proceeds (including investment earnings) to qualifying expenditures is made if bond proceeds are to be allocated to project expenditures on a basis other than "direct tracing" (direct tracing means treating the bond proceeds as spent as shown in the accounting records for bond draws and project expenditures). This allocation must be made within 18 months after the later of the date the expenditure was made or the date the project was placed in service, but not later than the earlier of five years and 60 days after the issuance date of the bonds or 60 days after the bond issue is retired. In the case of qualified private activity bonds, the designated officer or employee may rely on Page 385 -4- information provided by the conduit borrower, which shall be required to provide such information within the timeframe described in the preceding section. D. Timely Expenditure of Bond Proceeds. Mindful of the expectations regarding the timing of the expenditures of bond proceeds set forth in the tax certificate, the designated officer or employee will monitor expenditures of bond proceeds, including investment earnings, against issuance date expectations for satisfaction of three-year (or five-year) temporary period from yield restriction on investment of bond proceeds, and to assure that proceeds and investment earnings are allocated to expenditures for the public improvements or other qualified expenditures described in the tax certificate. In the case of qualified private activity bonds, the conduit borrower will be required to comply with this section. E. Yield. The designated officer or employee will make note of the "yield" of the bond issue, as shown on the applicable Form 8038G, or other applicable Form 8038. F. Temporary Periods and Yield Restriction. The designated officer or employee will review the tax certificate to determine the "temporary periods" for the bond issue, during which periods various categories of gross proceeds of the bond issue may be invested without restriction as to yield. G. Investment of Proceeds and Yield Restriction. The designated officer or employee will ensure that bond proceeds are not invested in investments with a yield above the bond yield following the end of the applicable temporary period unless yield reduction payments are permitted to be made. H. Bidding Requirements. If purchasing investments other than publicly traded securities for immediate delivery (for example, a guaranteed investment contract or certificates of deposit), the designated officer or employee will consult with bond counsel as to whether the investments of bond proceeds satisfy IRS regulatory safe harbors for establishing fair market value (e.g., through the use of bidding procedures), and maintain records to demonstrate satisfaction of such safe harbors. In the case of qualified private activity bonds, the conduit borrower shall be required to comply with this section. I. Credit Enhancement and Hedging Transactions. The designated officer or employee will consult with bond counsel before engaging in credit enhancement or hedging transactions with respect to a bond issue. The designated officer or employee will maintain copies of all contracts and certificates relating to credit enhancement and hedging transactions. J. Debt Service Fund. After all proceeds of a bond issue have been spent, the designated officer or employee will ensure that the debt service fund meets the requirements of a "bona fide debt service fund," i.e., one used primarily to achieve a proper matching of revenues with debt service that is depleted at least once each bond year, except for a reasonable carryover amount not to exceed the greater of (i) the investment earnings on the fund for the immediately preceding bond year; or (ii) one- twelfth of the debt service on the bond issue for the immediately preceding bond year. Page 386 -5- To the extent that a debt service fund qualifies as a bona fide debt service fund for a given bond year, the investment of amounts held in that fund is not subject to yield restriction for that year. The designated officer or employee will consult with bond counsel before creating separate additional funds that are expected to be used to pay debt service on the bonds. In the case of qualified private activity bonds, the City shall assure that the conduit borrower is required to comply with this section. K. Reserve Fund. The designated officer or employee will ensure that amounts invested in any reasonably required reserve fund do not exceed the least of (each determined at the time of issuance of the bonds): (i) ten percent of the stated principal amount of the bonds (or the sale proceeds of the bond issue if the bond issue has original issue discount or original issue premium that exceeds two percent of the stated principal of the bond issue plus, in the case of premium, reasonable underwriter's compensation); (ii) maximum annual debt service on the bond issue; or (iii) 125 percent of average annual debt service on the bond issue. The designated officer or employee will consult with bond counsel before creating any separate additional funds or accounts that will secure or provide payments of debt service on the bonds. L. Gifts for Bond-Financed Projects. Before beginning a campaign that may result in gifts that will be restricted for use relating to a bond-financed facility (or, in the absence of such a campaign, upon the receipt of such restricted gifts), the designated officer or employee will consult with bond counsel to determine whether replacement proceeds may result. M. Performance of Rebate Calculations. Subject to the small issuer exception and the exceptions described in the tax certificate, investment earnings on bond proceeds at a yield in excess of the bond yield generally must be rebated to the United States. The designated officer or employee will ensure that rebate calculations will be timely performed and payment of rebate amounts, if any, will be timely made. Rebate payments are generally due 60 days after the fifth anniversary of the issuance date of the bond issue, then in succeeding installments every five years. The final rebate payment is due 60 days after retirement (or early redemption) of the last bond of the issue. In the case of qualified private activity bonds, the City will assure that the conduit borrower is required to comply with this section. N. Rebate Consultant. The designated officer or employee will engage the services of an experienced rebate consultant to undertake rebate calculations described above for each bond issue. O. Spending Exceptions. If the six-month, 18-month, or 24-month spending exceptions from the rebate requirement apply to the bond issue, the designated officer or employee will ensure that the spending of bond proceeds is monitored prior to semi- annual spending dates for the applicable exception. P. Follow-up on Rebate. After all bond proceeds have been spent, the designated officer or employee will ensure compliance with rebate requirements for any reserve fund and any debt service fund that is not exempt from the rebate requirement. Page 387 -6- In the case of qualified private activity bonds, the City will assure that the conduit borrower is required to comply with this section. Q. Filing of 8038-T. The designated officer or employee will make rebate and yield reduction payments timely and file Form 8038-T. 5. PRIVATE BUSINESS USE A. Private Business Use. Use of bond proceeds or bond-financed property by a nongovernmental person (including the federal government) in furtherance of a trade or business activity is considered private business use. Any activity carried on by other than a natural person (individual acting as a member of the general public) is treated as a trade or business. Indirect uses of bond proceeds may also be considered private business use. For example, a facility is treated as being used for a private business use if it is sold or leased to a nongovernmental person and the nongovernmental person's use is in a trade or business. The designated officer or employee will analyze any private business use of bond-financed facilities and, for each issue of bonds, determine whether there is or may in the future be more than five percent private business use. If so, the designated officer or employee will immediately contact bond counsel to discuss the private business use limit, including whether the alternative ten percent limit is applicable. B. Management and Service Contracts. Management or service contracts between governmental entities and nongovernmental persons (private parties) under which the nongovernmental person receives compensation or revenue for services provided with respect to a bond-financed facility may result in private business use. Before entering into any new management agreement or service agreement relating to bond-financed facilities, the designated officer or employee will immediately contact bond counsel to review any such agreement to determine whether it may result in private business use. C. Special Legal Entitlements. Before entering into any agreement providing special legal entitlements relating to a bond-financing facility, such as naming rights or an exclusive provider agreement, the designated officer or employee will immediately contact bond counsel to review such agreement to determine whether it may result in private business use. Page 388 Tax -Advantaged Bonds Post -Issuance Compliance Procedures An Overview Presented to City Council December 5, 2018 Why Establish Compliance Procedures? •Increasing IRS focus on issuers for compliance with tax -advantaged bonds. •City staff currently monitor compliance with federal tax requirements of outstanding bonds. •The compliance procedures will aid the City’s monitoring process with written procedures. What Are Tax -Advantaged Bonds? •The term “bonds” includes all types of tax- advantaged debt financing the City may be involved with, such as : •Bonds, notes, leases, loans, and certificates of participation. •A bond is “tax-advantaged” if: •(1) interest on the bond is excluded from gross income to the bondholder, •(2) the bondholder receives federal tax credits, or •(3) the issuer of “direct-pay bond” receives subsidy payments from the federal government What is Post-Issuance Compliance? •Practices and procedures which assist the City with complying with the federal tax requirements. •The procedures are organized to cover the key requirements/rules: •(a) use of bond proceeds and use of bond financed facilities; and •(b) arbitrage yield restriction on investments and rebate •Compliance with these rules must be documented by records that meet IRS requirements. Considerations for Post-Issuance Compliance Program •Identify the individual or individuals responsible for coordinating activities. •Provide for due diligence review at regular intervals. •Facilitate training for responsible individuals. •Describe retention of adequate records to substantiate compliance. Summary •The Tax -Advantaged Bonds Post-Issuance Compliance Procedures presented as Exhibit A meet the IRS requirements. •These procedures are an effective tool for the City to ensure ongoing compliance.