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Home My WebLink About2019/11/06 - Agenda PacketAGENDA FIRE PROTECTION DISTRICT BOARD -HOUSING SUCCESSOR AGENCY - SUCCESSOR AGENCY - PUBLIC FINANCE AUTHORITY - CITY COUNCIL Wednesday, November 6, 2019 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 4:30 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 COUNCIL MEMBERS Ryan A. Hutchison Kristine D. Scott Sam Spagnolo CITY ATTORNEY James L. Markman CITY CLERK Janice C. Reynolds CITY TREASURER 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 6 Aft A_ . INFORMATION FOR THE PUBLIC iff gA'HO &CAMONGA TO ADDRESS THE FIRE BOARD, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCE AUTHORITY AND CITY COUNCIL The Fire Board, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council encourage free expression of all points of view. To allow all persons to speak, given the length of the Agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Fire Board, Housing Successor Agency, Successor Agency, Public FinanceAuthority and City Council by filling out a speaker card and submitting it to the City Clerk. The speaker cards are located on the wall at the back of the Chambers, at the front desk behind the staff table and at the City Clerk's desk. Any handouts for the Fire Board, Successor Agency, Public Finance Authority or City Council should be given to the City Clerk for distribution. During "Public Communications," your name will be called to speak on any item listed or not listed on the agenda in the order in which it was received. The "Public Communications" period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other "Public Communications" which have not concluded during this one-hour period may resume after the regular business portion of the agenda has been completed. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. If you are present to speak on an "Advertised Public Hearing" or on an "Administrative Hearing" Item(s), your name will be alled when that item is being discussed, in the order in which it was received. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. AGENDA BACK-UP MATERIALS Staff reports and back-up materials for agenda items are available for review at the City Clerk's counter, the City's Public Libraries and on the City's website. A complete copy of the agenda is also available at the desk located behind the staff table during the Council meeting. LIVE BROADCAST Fire Board, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council meetings are broadcast live on Channel 3 for those with cable television access. Meetings are rebroadcast on the second and fourth Wednesdays of each month at 7:00 p.m. Streaming Video on Demand is available on the City's website at www.cityofrc.us/cityhall/council/videos.asp. The Fire Board, Successor Agency, Public Finance Authority and City Council meet regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. Copies of the agendas and minutes can be found @ www.cityofrc.us If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477-2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. Please silence all cell phones and devices while the meeting is in session. Page 2 NOVEMBER 6, 2019 FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, HOUSING SUCCESSOR AGENCY, PUBLIC FINANCE AUTHORITY AND CITY COUNCIL AGENDA CLOSED SESSION - 4:30 P.M. Roll Call: Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott, Spagnolo 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 LEGAL COUNSEL - ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(2): 1 CASE - CITY D.2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: AWI BUILDERS, INC V. RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY SUPERIOR COURT, CASE NO. CIV DS 1928697 D.3. CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1); NAME OF CASE: CITY OF RANCHO CUCAMONGA V. DR LANDMARK, INC.; POWER MEDIC TECHNOLOGIES, INC.; HOFER PROPERTIES, LLC; AND DOES 1 THROUGH 5 INCLUSIVE, SBSC CASE NO.: CIVDS 1904713 - CITY DA. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229-162-14; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULAR TRUCK LINE, INC., OWNER; REGARDING PRICE AND TERMS. — CITY D.5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8810 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229- 131-07; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND WILLIAM A. JONES AND JOAN F. JONES, TRUSTEES OF THE JONES FAMILY TRUST OF 2010, AS TO AN UNDIVIDED 2/3 INTEREST AND BONNIE CATHRYN STRACK & WILLIAM R. RUSHING, AS SUCCESSOR TRUSTEE OF THE STRACK FAMILY TRUST, DATED MARCH 13, 2014, AS TO AN UNDIVIDED 1/3 INTEREST, OWNERS; REGARDING PRICE AND TERMS — CITY D.6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8821 ETIWANDA AVENUE, FURTHER Page 3 IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229- 162-15; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA AND WILLIAM A. JONES AND JOAN F. JONES, TRUSTEES OF THE JONES FAMILY TRUST OF 2010, AS TO AN UNDIVIDED 1/3 INTEREST, JAMES ROY GARNESS AND RHONDA ANN GARNESS, TRUSTEES OF THE GARNESS FAMILY TRUST DATED JUNE 28, 2012, AS TO AN UNDIVIDED 1/3 INTEREST, AND JOHN S. CLEMONS AND PATRICIA R. CLEMONS, TRUSTEES OF THE CLEMONS REVOCABLE TRUST DATED DECEMBER 4, 2014, AS TO AN UNDIVIDED 1/3 INTEREST, OWNERS; REGARDING PRICE AND TERMS — CITY D.7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8768 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBERS 0229- 131-15, 16 & 26; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND DP ETIWANDA, LLC, OWNER; REGARDING PRICE AND TERMS - CITY D.8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY COMMONLY KNOWN AS 9775 MAIN STREET AND 8845 RAMONA AVENUE ALSO KNOWN AS PARCEL NUMBER 0209-062-02-0000; AND 0209-085- 15-0000 RESPECTIVELY NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CAROL NORRIS, PRESIDENT NORTHTOWN HOUSING DEVELOPMENT CORPORATION; REGARDING PRICE AND TERMS. - CITY D.9. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTH EAST CORNER OF ARROW ROUTE AND ROCHESTER AVENUE IDENTIFIED AS PARCEL NUMBER 0229- 012-97-0000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JACKSON SMITH, NEWCASTLE PARTNERS, INC.; REGARDING PRICE AND TERMS - CITY D.10. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 11297 JERSEY BLVD; GROVE AND FOOTHILL - NORTHEAST CORNER; SAN BERNARDINO AND ETIWANDA AVE. — NORTHWEST CORNER, APN 0229-283-95-0000; NEGOTIATING PARTIES: JOHN GILLISON, CITY MANAGER AND JENNIFER HUNT-GRACIA, COMMUNITY SERVICES DIRECTOR REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND LAMAR ADVERTISING; REGARDING PRICE AND TERMS — CITY D.11. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY COMMONLY KNOWN AS 12467 BASE LINE ROAD AND KNOWN AS PARCEL NUMBER 1090-331-03-0000; AND 1090-331-04-0000 RESPECTIVELY NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JOSEPH FILIPPI, REPRESENTING FILIPPI WINERY; REGARDING PRICE AND TERMS. - CITY D.12. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54957 (TITLE: CITY MANAGER) E. RECESS CLOSED SESSION TO RECESS TO THE REGULAR FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCE 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 FINANCE 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. Page 4 Pledge of Allegiance Roll Call: Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott and Spagnolo A. ANNOUNCEMENT/ PRESENTATIONS A.1. Administration of Oath of Office to reappointed Planning/Historical Preservation Commissioner ___ Bryan Dopp and newly appointed Planning/Historical Preservation Commissioners Tony Morales and Diane Williams. A.2. Introduction of New K9 Bloodhound Nyx. A.3. Presentation of the Gritchin Award to Natalie Beechler of the Rancho Cucamonga Equestrian --- Patrol Unit. 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 Finance 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 Finance 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 Finance 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. 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 10 C.1. Consideration of Meeting Minutes: Regular Meetings of October 2, 2019. C.2. Consideration to Approve Bi -Weekly Payroll in the Amount of $2,128,634.61 and Weekly Check 24 Registers (Excluding Checks Issued to Southern California Gas Company) in the Amount of $506,510.44 Dated September 24, 2019 Through October 28, 2019. C.3. Consideration to Approve Weekly Check Registers for Checks Issued to Southern California Gas 47 Company in the Amount of $722.78 Dated September 24,2019 Through October 28,2019. CA. CONSIDERATION TO DECLARE SURPLUS FOR RETIRED COMPUTERS, VEHICLES, LARGE EQUIPMENT, AND OTHER RELATED ITEMS. 49 D. CONSENT CALENDAR — HOUSING SUCCESSOR AGENCY D.1. Consideration of Meeting Minutes: Regular Meeting of October 2, 2019. 10 Page 5 E. CONSENT CALENDAR — SUCCESSOR AGENCY E.1. Consideration of Meeting Minutes: Regular Meeting of October 2, 2019. 10 F. CONSENT CALENDAR — PUBLIC FINANCE AUTHORITY F.1. Consideration of Meeting Minutes: Regular Meeting of October 2, 2019. G. CONSENT CALENDAR — CITY COUNCIL G.1. Consideration of Meeting Minutes: Regular Meetings of October 2, 2019. 10 Me G.2. Consideration to Approve Bi -Weekly Payroll in the Amount of $3,496,718.62 and Weekly Check 59 Registers (Excluding Checks Issued to Southern California Gas Company) in the Amount of $9,913,640.61 Dated September 24, 2019 Through October 28,2019. G.3. Consideration to Approve Weekly Check Registers for Checks Issued to Southern California Gas 82 Company in the Amount of $7,932.88 Dated September 24, 2019 Through October 28, 2019. GA. Consideration of a Request to Summarily Vacate a Rejected Offer of Dedication on the West 84 Side of Archibald Avenue Approximately 200 Feet North of Pacific Electric Trail Over the Northerly 30 Feet of Parcel 2 of Parcel Map 3402. APN 0202-141-13-0000. RESOLUTION NO. 19-090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, 87 CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A REJECTED OFFER OF DEDICATION ON THE WEST SIDE OF ARCHIBALD AVENUE APPROXIMATELY 200 FEET NORTH OF PACIFIC ELECTRIC TRAIL OVER THE NORTHERLY 30 FEET OF PARCEL 2 OF PARCEL MAP 3402. APN 0202-141-13-0000 G.5. Consideration to Allow Richard Wightman Construction Inc. to Exceed the $100,000 Procurement 91 Threshold for Work Performed Under the City's Home Improvement Program for Fiscal Year 2019/2020. G.6. Consideration to modify Mills Act Contract CO 00-086 related to the subdivision of a 3.04 -acre 93 project site (SUBTPM19855) into 4 parcels of land for the future development of 3 single-family residences (with the existing historic residence on Parcel #4) at 9611 Hillside Road, APN: 1061- 571-01. G.7. Consideration to Use of Brodart Company to Provide Materials Acquisitions Services to the 222 Rancho Cucamonga Public Library. G.8. Consideration of Amendment No. 5 Authorizing an Increase to Professional Services Agreement 289 CO 15-082 with Sargent Town Planning, Inc, in the amount of $69,500, and to Authorize an Appropriation in the Amount of $50,000 from Account 1001000-4901 (Other Revenue) to Account 1001314-5300 (Contract Services). G.9. Consideration of Amendment No. 2 to the Professional Services Agreement with Civic Solutions 291 for Contract Planning Services in the Amount of $17,970 to be Funded from Account 1001314- 5300 (Contract Services). G.10. Consideration to Authorize a Sole -Source Agreement with Media Control Systems, Inc. in the 293 Amount of $61,262 for the Replacement of Existing Broadcast Media Equipment Supporting the Council Chambers; Authorize $2,000 for Replacement of the Uninterrupted Power Supply Unit; and Authorize Appropriations for the Project. G.11. Consideration to declare surplus for retired computers, vehicles, large equipment, and other 295 related items. G.12. Consideration of Reimbursement Agreement with Chaffey Joint Union High School District for 305 School Resource Officer Services. G.13. Consideration to Cancel the Regular Meetings of the Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council on January 1, 2020 Due to 317 New Year's Day Holiday. G.14. Consideration to Authorize the City Manager to Execute Covenants and Agreements to Install and 318 Maintain Public Art for New Development. RESOLUTION NO. 19-091 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, 319 Page 6 CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE COVENANTS AND AGREEMENTS TO INSTALL AND MAINTAIN PUBLIC ART PURSUANT TO TITLE 17, CHAPTER 124 OF THE RANCHO CUCAMONGA MUNICIPAL CODE AND TO RECORD ALL RELATED INSTRUMENTS 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. Consideration of Second Reading and Adoption of Ordinances 957, 958, 959 and 960 to Adopt 329 the Etiwanda Heights Neighborhood and Conservation Plan, Amend Title 17 of the Municipal Code, the Zoning Map, the Etiwanda North Specific Plan, and Adopt Prezoning in Connection with the Etiwanda Heights Neighborhood and Conservation Plan. ORDINANCE NO. 957 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, 331 CALIFORNIA, ADOPTING THE SPECIFIC PLAN FOR THE ETIWANDA HEIGHTS NEIGHBORHOOD AND CONSERVATION PLAN, DRC2015-00751, AND MAKING FINDINGS IN SUPPORT THEREOF ORDINANCE NO. 958 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, 338 CALIFORNIA, ADOPTING DEVELOPMENT CODE AMENDMENT DRC2019-00459 IN CONNECTION WITH THE ETIWANDA HEIGHTS NEIGHBORHOOD AND CONSERVATION PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF ORDINANCE NO. 959 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING ZONING MAP AMENDMENT AND PREZONING DRC2015-00752 IN 348 CONNECTION WITH THE ETIWANDA HEIGHTS NEIGHBORHOOD AND CONSERVATION PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF ORDINANCE NO. 960 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA '354 CALIFORNIA, ADOPTING ETIWANDA NORTH SPECIFIC PLAN AMENDMENT DRC2015- 00750 IN CONNECTION WITH THE ETIWANDA HEIGHTS NEIGHBORHOOD AND CONSERVATION PLAN, DRC2015-00751, AND MAKING FINDINGS IN SUPPORT THEREOF I. ADMINISTRATIVE HEARING ITEM 1.1. Consideration of First Reading and Introduction of Ordinance No. 962, Repealing and Replacing 365 Chapter 10.80 of the Municipal Code to Establish a Pilot Program for Shared Mobility Devices for Use in Specific Areas of the City. ORDINANCE NO. 962 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, 367 CALIFORNIA, REPEALING AND REPLACING CHAPTER 10.80 OF THE MUNICIPAL CODE TO ESTABLISH A PILOT PROGRAM FOR SHARED MOBILITY DEVICES FOR USE IN SPECIFIC AREAS OF THE CITY J. ADVERTISED PUBLIC HEARINGS - CITY COUNCIL/FIRE PROTECTION DISTRICT J.1. Consideration of First Reading and Introduction of Ordinance No. 961, Amending Title 17 of the 374 Municipal Code (Development Code) Pertaining to an Update to the Temporary Use Permit Regulations. This Item is Exempt from the Requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines Under CEQA Section 15061(b)(3). ORDINANCE NO.961 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 379 17 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO AN UPDATE TO Page 7 THE TEMPORARY USE PERMIT REGULATIONS J.2. Public Hearing of the City of Rancho Cucamonga to Consider Fee Adjustments for Various City 412 Departments adopting Resolution No. 19-092 and First Reading and Introduction of Ordinance No. 963, Amending the Municipal Code Concerning the Fee and Process for Removal and Replacement of City -Maintained Trees. RESOLUTION NO. 19-092 A RESOLUTION OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, 418 ADOPTING AN UPDATED FEE SCHEDULE APPLICABLE TO THE ANIMAL SERVICES, BUILDING AND SAFETY SERVICES, CITY MANAGER, COMMUNITY SERVICES, LIBRARY SERVICES, AND PUBLIC WORKS SERVICES DEPARTMENTS. ORDINANCE NO. 963 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING A PROCESS FOR THE REMOVAL AND REPLACEMENT OF 433 CITY -MAINTAINED TREES IN THE RIGHT-OF-WAY OR OTHER PUBLIC PROPERTY BY ADDING CHAPTER 12.30 TO THE MUNICIPAL CODE K. CITY MANAGER'S STAFF REPORTS K.1. Consideration of the Purchase of an Electric Vehicle DC Fast Charger from ChargePoint, Inc. for 438 a Total Amount of $61,050. K.2. Consideration of First Reading and Introduction of Ordinance No. 956 Adopting the 2019 Edition of the California Building (Model)Codes and 2018 Edition of the International Building 474 Codes and a Request to Set a Date for a Public Hearing for the Proposed Ordinance. ORDINANCE NO. 956 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING BY REFERENCE THE 2019 CALIFORNIA BUILDING CODE, 476 INCORPORATING THE "INTERNATIONAL BUILDING CODE, VOLUMES 1 AND 2", 2018 EDITION, INCLUDING APPENDICES THERETO; THE 2019 CALIFORNIA RESIDENTIAL CODE, INCORPORATING THE "INTERNATIONAL RESIDENTIAL CODE", 2018 EDITION, INCLUDING APPENDICES THERETO; THE 2019 CALIFORNIA MECHANICAL CODE, INCORPORATING THE "UNIFORM MECHANICAL CODE", 2018 EDITION, INCLUDING APPENDICES THERETO; THE 2019 CALIFORNIA PLUMBING CODE, INCORPORATING THE "UNIFORM PLUMBING CODE", 2018 EDITION, INCLUDING APPENDICES THERETO; THE 2019 CALIFORNIA ELECTRICAL CODE, INCORPORATING THE "NATIONAL ELECTRICAL CODE", 2017 EDITION, INCLUDING ANNEXES THERETO; THE 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE INCLUDING APPENDICES THERETO; THE 2019 CALIFORNIA HISTORICAL BUILDING CODE", INCLUDING APPENDICES THERETO; THE 2019 CALIFORNIA REFERENCED STANDARDS CODE; THE 2018 INTERNATIONAL SWIMMING POOL AND SPA CODE; AND THE 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE, TOGETHER WITH CERTAIN AMENDMENTS, DELETIONS, ADDITIONS, EXCEPTIONS, AND PENALTIES, AND AMENDING TITLE 15 OF THE RANCHO CUCAMONGA MUNICIPAL CODE. K.3. Consideration of First Reading and Introduction of Ordinance No. FD 57, Adopting the 2019 494 California Fire Code and a Request to Set a Date for a Public Hearing for the Proposed Ordinance. ORDINANCE NO. FD 57 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, CALIFORNIA, ADOPTING BY REFERENCE THE 2019 CALIFORNIA 496 FIRE CODE, WITH ERRATA, TOGETHER WITH CERTAIN CHANGES, MODIFICATIONS, AMENDMENTS, ADDITIONS, DELETIONS, AND EXCEPTIONS; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES; AND REPEALING CONFLICTING ORDINANCES 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.) Page 8 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 9 DATE: November 6, 2019 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Linda A. Troyan, City Clerk Services Director SUBJECT: CONSIDERATION OF MEETING MINUTES: REGULAR MEETINGS OF OCTOBER 2, 2019. RECOMMENDATION: Staff recommends approval of the Meeting Minutes of Regular Meetings of October 2, 2019. BACKGROUND: N/A ANALYSIS: N/A FISCAL IMPACT: N/A COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Attachment 1 - Minutes Page 10 October 2, 2019 CITY OF RANCHO CUCAMONGA CLOSED SESSION, FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCE AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES The City of Rancho Cucamonga City Council held a closed session on Wednesday, October 2, 2019 in the Tapia Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 4:30 p.m. Present were Council Members: Ryan Hutchison, Kristine Scott, Sam Spagnolo, and Mayor Pro Tem Lynne Kennedy and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; James L. Markman, City Attorney; Elisa Cox, Deputy City Manager/Cultural & Civic Services; Lori Sassoon, Deputy City Manager/Administrative Services; Matt Burris, Deputy City Manager/Economic and Community Development. No public communications were made. No discussion or actions were taken. D.1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTH EAST CORNER OF ARROW ROUTE AND ROCHESTER AVENUE IDENTIFIED AS PARCEL NUMBER 0229- 012-97-0000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JACOB LEBLANC, PANATTONI DEVELOPMENT COMPANY, INC.; REGARDING PRICE AND TERMS - CITY D.2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION, INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF CALIFORNIA GOVERNMENT CODE SECTION 54956.9 (1 CASE). D.3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF HAVEN AVENUE AND JERSEY BOULEVARD IDENTIFIED AS PARCEL NUMBERS 0209-131 -01; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND POWER MEDIC TECHNOLOGIES, INC., THE PROPERTY OWNER; REGARDING PRICE AND TERMS OF PAYMENT. — CITY DA. CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1); NAME OF CASE: CITY OF RANCHO CUCAMONGA V. DR LANDMARK, INC.; POWER MEDIC TECHNOLOGIES, INC.; HOFER PROPERTIES, LLC; AND DOES 1 THROUGH 5 INCLUSIVE, SBSC CASE NO.: CIVDS 1904713 - CITY **DRAFT** October 2, 2019 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 1 of 13 Page 11 D. 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229-162-14; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULAR TRUCK LINE, INC., OWNER; REGARDING PRICE AND TERMS. — CITY D.6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8810 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229-131-07; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND WILLIAM A. JONES AND JOAN F. JONES, TRUSTEES OFTHEJONES FAMILY TRUST OF 2010, AS TO AN UNDIVIDED 2/3 INTEREST AND BONNIE CATHRYN STRACK & WILLIAM R. RUSHING, AS SUCCESSOR TRUSTEE OF THE STRACK FAMILY TRUST, DATED MARCH 13, 2014, AS TO AN UNDIVIDED 1/3 INTEREST, OWNERS; REGARDING PRICE AND TERMS—CITY D.7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8821 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229-162-15; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA AND WILLIAM A. JONES AND JOAN F. JONES, TRUSTEES OF THE JONES FAMILY TRUST OF 2010, AS TO AN UNDIVIDED 1/3 INTEREST, JAMES ROY GARNESS AND RHONDA ANN GARNESS, TRUSTEES OF THE GARNESS FAMILY TRUST DATED JUNE 28, 2012, AS TO AN UNDIVIDED 1/3 INTEREST, AND JOHN S. CLEMONS AND PATRICIA R. CLEMONS, TRUSTEES OF THE CLEMONS REVOCABLE TRUST DATED DECEMBER 4, 2014, AS TO AN UNDIVIDED 1/3 INTEREST, OWNERS; REGARDING PRICE AND TERMS —CITY D.B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8768 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBERS 0229- 131-15, 16 & 26; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND DP ETIWANDA, LLC, OWNER; REGARDING PRICE AND TERMS - CITY **DRAFT** October 2, 2019 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 2 of 13 Page 12 The closed session recessed at 6:50 p.m. The regular meetings of the Rancho Cucamonga Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and the City of Rancho Cucamonga City Council were held on October 2, 2019 in the Council Chambers at City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 7:00 p.m. Present were Council Members: Ryan Hutchison, Kristine Scott, Sam Spagnolo, and Mayor Pro Tem Lynne Kennedy and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; James L. Markman, City Attorney, and Linda A. Troyan, City Clerk Services Director. Mayor Pro Tem Kennedy led the Pledge of Allegiance. Certificate of Sympathy Mayor Michael along with Members of the City Council presented a Certificate of Sympathy to the Keagle Family in Memory of Charles ("Chuck") Lawrence Keagle III on behalf of the City. A.1. Presentation of a Proclamation to Cucamonga Valley Water District Declaring the Week of October 5th through October 13th, 2019, as "Water Professionals Week". Mayor Michael along with Members of the City Council presented a Proclamation to Cucamonga Valley Water District — Board of Directors, Luis Cetina, Vice President; Oscar Gonzalez, Director; Randall J. Reed, Director; Kathleen J Tiegs, Director, declaring the Week of October 51' through October 13, 2019 as Water Professionals Week. A.2. Recognition of Chaffey College student, Ainaz Sharabyani, for her Internship with West Valley Mosquito and Vector Control District and her Accepted Sponsorship to Participate in This Year's Mosquito and Vector Control Association of California (MVCAC) Meeting. Mayor Michael along with Members of the City Council and William Wittkopf, Public Works Services Director, Dr. Michelle Brown, District Manager for West Valley Mosquito and Vector Control District, and Linda Lamp, Chaffey College Grant Director, presented a Certificate of Recognition to Ainaz Sharabyani for her participation with the West Valley Mosquito and Vector Control District and recognized 13 other students who live in Rancho Cucamonga and participated in the STEM Program. **DRAFT** October 2, 2019 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 3 of 13 Page 13 A.3. Presentation of a Proclamation to the "Making Strides Against Breast Cancer Inland Empire" Group, Declaring the Month of October 2019 as "Breast Cancer Awareness Month". Mayor Michael along with Members of the City Council presented a Proclamation to Jimmie Herrick, Making Strides Against Breast Cancer Inland Empire Group, declaring the month of October 2019 as "Brest Cancer Awareness Month". A.4. Presentation of a Proclamation Declaring the Month of October 2019 as "National Community Planning Month". Mayor Michael along with Members of the City Council presented the City's Planning Department Staff with a Proclamation declaring the month of October 2019 as "National Community Planning Month". A.5. Announcement of Rancho Cucamonga Fire District's Open House Event on October 12, 2019. Gabrielle Costello, Rancho Cucamonga Fire Protection District, Community Affairs Senior Coordinator, invited the public to attend the Fire District's Annual Open House event to be held on October 12, 2019. Janet Walton, offered a prayer. Mark Cloud, Chamber of Commerce Board Member; Government Affairs Manager, Southern California Edison, informed the public that the 2018 Electric Reliability Report is available for viewing by the public; and shared information on Southern California Edison's efforts in reducing wildfire risks. C.1. Consideration of Meeting Minutes: Regular and Special Meetings of September 18, 2019 C.2. Consideration to Approve Bi -Weekly Payroll in the Amount of $664,903.06 and Weekly Check Registers (No Checks Issued to Southern California Gas Company) in the Amount of $615,502.12 Dated September 10, 2019 Through September 23, 2019 and Electronic Debit Register for the Month of August in the Amount of $691,875.81. C.3. Consideration to Accept the Bid Submitted by Leighton Consulting, Inc., of Rancho Cucamonga, California, and Award and Authorize the Execution of a Professional Services Agreement, in the Amount of $283,400, for Third Party Inspection Services for the Public Safety Facility Construction Project. CA. Consideration to Award a Contract to Autolift Services, Inc. for the Maintenance of the Fire District's Fleet Shop Equipment in an Amount Not to Exceed $7,500 in Fiscal Year 2019/2020. **DRAFT** October 2, 2019 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 4 of 13 Page 14 MOTION: Moved by Board Member Spagnolo, seconded by Vice President Kennedy, to approve Consent Calendar Item C1 through C4. Motion carried unanimously, 5-0. D.1. Consideration of Meeting Minutes: Regular Meeting of September 18, 2019. MOTION: Moved by Agency Member Scott, seconded by Agency Member Hutchison, to approve Consent Calendar Item D1. Motion carried unanimously, 5-0. E.1. Consideration of Meeting Minutes: Regular Meeting of September 18, 2019. MOTION: Moved by Vice -Chair Kennedy, seconded by Agency Member Spagnolo, to approve Consent Calendar Item E1. Motion carried unanimously, 5-0. F.1. Consideration of Meeting Minutes: Regular Meeting of September 18, 2019. MOTION: Moved by Agency Member Hutchison, seconded by Agency Member Scott, to approve Consent Calendar Item F1. Motion carried unanimously, 5-0. G.1. Consideration of Meeting Minutes: Regular and Special Meetings of September 18, 2019. G.2. Consideration to Approve Bi -Weekly Payroll in the Amount of $1,177,324.14 and Weekly Check Registers (No Checks Issued to Southern California Gas Company) in the Amount of $2,150,569.00 Dated September 10, 2019 Through September 23, 2019 and Electronic Debit Register for the Month of August in the Amount of $5,473,296.93. G.3. Consideration to Accept as Complete, File the Notice of Completion and Authorize Release of Retention and Bonds, and Authorize an Appropriation in the Amount of $39,300 from the Beautification (Fund 110) for the Archibald Avenue Community Trail Extension and Street Widening Project. GA. Approval of a Lease Amendment Between Los Angeles SMSA Limited Partnership, d/b/a Verizon Wireless (Verizon Wireless) and the City of Rancho Cucamonga for the Existing Wireless Communication Facility located at Red Hill Park, 7484 Vineyard Avenue. G.5. Consideration to Accept as Complete, File the Notice of Completion and Authorize Release of Retention and Bonds for the Fiscal Year 2018/19 Local Overlay Pavement Rehabilitation Project. **DRAFT** October 2, 2019 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 5 of 13 Page 15 G.6. Consideration to Approve the Multi -Use Community Trail Common Use Agreement Amendment No. 4 for the City's Use of a Portion of the San Bernardino County Flood Control (District) Deer Creek Channel and Cucamonga Creek Channel related to the Construction of the Southwest Cucamonga Class I Bike Trail Project. G.7. Consideration to Approve the Final Map of Tract No. 20240 (Case No. SUBTT20240), Located South of 6th Street Between Haven Avenue and Milliken Avenue, Submitted by Tri -Pointe Homes Inc. G. 8. Consideration to Approve an Improvement Agreement and Improvement Security for Street Improvements, and to Order Annexation to Landscape Maintenance District No. 3B and Street Light Maintenance Districts No's. 1 and 6 Related to the Development of a Storage Facility at 10013 8th Street on the South Side of 8th Street Between Hermosa Avenue and Archibald Avenue (Case No. DRC2017-00448) Submitted by Biane Family Properties, LLC. RESOLUTION NO. 19-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL INDUSTRIAL) FOR PROJECT CASE NO. DRC2017-00448 RESOLUTION NO. 19-080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR PROJECT CASE NO. DRC2017-00448 RESOLUTION NO. 19-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAL INDUSTRIAL) FOR PROJECT CASE NO. DRC2017-00448 G.9. Consideration to Approve Parcel Map 19851, and Order the Annexation into Landscape Maintenance District No. 3B and Street Light Maintenance Districts No's. 1 and 6, Related to Subdivision of an Existing Office Building for Condominium Purposes Located at 8300 Utica Avenue Between Civic Center Drive and Aspen Avenue (Case No. SUBTPM19851). RESOLUTION NO. 19-087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL INDUSTRIAL) FOR SUBTPM 19851 RESOLUTION NO. 19-088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR SUBTPM 19851 RESOLUTION NO. 19-089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAL INDUSTRIAL) FOR SUBTPM 19851 G.10. Consideration to Award the Purchase of Fertilizer and Pesticides Supplies on an As Needed Basis from Agri -Turf Distributing, Target Specialty Products, and SiteOne Landscape Supply, in an Amount Not to Exceed $140,000 for Fiscal Year 2019/2020. G.11. Consideration to Award the Purchase of Irrigation Parts and Supplies on an As Needed Basis from Imperial Sprinkler Supply, SiteOne Landscape Supply, and Smith Pipe & Supply Inc., in **DRAFT** October 2, 2019 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 6 of 13 Page 16 Accordance with Request for Bids (RFB) #19/20-105 in an Amount Not to Exceed $120,000 for Fiscal Year 2019/2020. G.12. Consideration to Award a Contract to Autolift Services, Inc. for the Maintenance of the City's Fleet Shop Equipment in an Amount Not to Exceed $12,000 for Fiscal Year 2019/2020. G.13. Consideration to Approve a Month to Month Extension of Contract CO 08-162 with United Pacific Services for Citywide Tree Maintenance Services in an Amount Not to Exceed $325,000. G.14. Consideration of Resolution 19-086 Approving the Application for Specified Grant Funds for the Development of a Dog Park at Central Park. RESOLUTION NO.19-086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING APPLICATIONS FOR SPECIFIED GRANT FUNDS FOR THE DEVELOPMENT OF A DOG PARK AT CENTRAL PARK MOTION: Moved by Mayor Pro Tem Kennedy, seconded by Agency Member Hutchison, to approve Consent Calendar Items G1 through G14. Motion carried unanimously, 5-0. None. 1.1. Consideration of Resolution No. 19-085 Certifying the Mitigated Negative Declaration for the Central Park Amphitheater Project. RESOLUTION NO. 19-085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING AN INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION FOR THE CENTRAL PARK AMPHITHEATER PROJECT AND MAKING THE REQUIRED ENVIRONMENTAL FINDINGS PURSUANT TO CEQA City Manager Gillison introduced Jennifer Nakamura, Management Analyst II and Jeff Benson, Management Analyst II, who gave the Staff Report. Mayor Michael opened the Administrative Hearing item. There were no public communications received. Mayor Michael closed the Administrative Hearing item. MOTION: Moved by Council Member Spagnolo, seconded by Mayor Pro Tem Kennedy, to adopt Resolution No. 19-085, Certifying the Mitigated Negative Declaration for the Central Park Amphitheater Project. Motion carried unanimously, 5-0. **DRAFT** October 2, 2019 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 7 of 13 Page 17 J.1. ENVIRONMENTAL IMPACT REPORT AND GENERAL PLAN AMENDMENT DRC2015-00749, ETIWANDA NORTH SPECIFIC PLAN AMENDMENT DRC2015-00750, ZONING MAP AMENDMENT DRC2015-00752, ETIWANDA HEIGHTS NEIGHBORHOOD AND CONSERVATION PLAN (EHNCP) SPECIFIC PLAN DRC2015-00751, ANNEXATION DRC2015-00732, AND DEVELOPMENT CODE AMENDMENT DRC2019-00459. The project will consider the following: A proposal to amend the 2010 General Plan of the City of Rancho Cucamonga by deleting, adding, and/or revising text, graphics, and exhibits and changing land use designations of certain parcels in order to integrate the proposed Etiwanda Heights Neighborhood and Conservation Plan's (EHNCP) Specific Plan (hereafter the "Specific Plan") into the General Plan. This includes, among other things, changing the land use designations of multiple parcels within the City that have a combined area of approximately 305 acres and multiple parcels within the City's Sphere of Influence that have a combined area of 4,393 acres in a project area extending from Haven Avenue, easterly to the City's boundary with Fontana, and from the northerly City limits to the San Bernardino National Forest boundary in the City's Sphere of Influence (hereafter the "Project Area"), and which are proposed to be annexed into the City of Rancho Cucamonga, to land use designations that allow conservation, residential, commercial, and/or civic uses. A proposal to amend the Etiwanda North Specific Plan by deleting, adding, and/or revising text, graphics, and exhibits within the specific plan in order to remove those parcels proposed to be included in the proposed EHNCP Specific Plan and make other conforming amendments. A proposal to adopt the proposed EHNCP Specific Plan that will apply to multiple parcels within the Project Area to allow conservation, residential, commercial, and civic uses for a project area extending from Haven Avenue, easterly to the City's boundary with Fontana, and from the northerly City limits to the San Bernardino National Forest boundary in the City's Sphere of Influence (SOI), in conjunction with the proposed Specific Plan. A proposal to amend the Zoning Map of the City of Rancho Cucamonga by deleting, adding, and/or revising text and graphics within the Zoning Map, and change the zoning/land use designations in the Project Area to zoning/land use designations that allow conservation, residential, commercial, and/or civic uses consistent with the Specific Plan (prezoning the Project Area within the SOI). A proposal to annex multiple parcels within the City's Sphere of Influence that have a combined area of 4,088 acres for a project area extending from Haven Avenue, easterly to the City's boundary with Fontana, and from the northerly City limits to the San Bernardino National Forest boundary in the City's Sphere of Influence, in conjunction with the proposed Specific Plan. A proposal to amend the Development Code of the City of Rancho Cucamonga to add a description of the proposed Specific Plan and the Allowed Use table for the Specific Plan. This proposal will apply to the Project Area in order to permit zoning/land use designations that allow conservation, residential, commercial, and/or civic uses consistent with the proposed Specific Plan. **DRAFT** October 2, 2019 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 8 of 13 Page 18 The Project Area extends from Haven Avenue, easterly to the City's boundary with Fontana, and from the northerly City limits to the San Bernardino National Forest boundary in the City's Sphere of Influence - APN's: 0201-033-32, -35 through -40, -43, and -44, 0201-191-27 and -28, 0201-272-14 through -18, 0201-281-02, -04 through -10, -13, -14, -16 through -22, 0225-091-03, 05, and -06, 225-092-01, 0225-101-32, 0225-152-06 through -11, and -17, 0225-161-42, 0226-061-03, -07, -16, -20, -26, -27, -28, -33, -47, -56, -57, -61 through -71, -73 through -78, 0226-082-08, -19, -20, -21, and -30, 1074-351-01, -04, -05, and -06, 1087-051-02 through -14, -16 through -27, 1087-061-01 through -21, and 1087-071-01 through -14, and -16 through -21. ORDINANCE NO. 957 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE SPECIFIC PLAN FOR THE ETIWANDA HEIGHTS NEIGHBORHOOD AND CONSERVATION PLAN, DRC2015-00751, AND MAKING FINDINGS IN SUPPORT THEREOF RESOLUTION NO. 19-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING THE ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE ETIWANDA HEIGHTS NEIGHBORHOOD AND CONSERVATION PLAN, MAKING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM RESOLUTION NO. 19-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT DRC2015-00749 IN CONNECTION WITH THE ETIWANDA HEIGHTS NEIGHBORHOOD AND CONSERVATION PLAN AND MAKING FINDINGS IN SUPPORT THEREOF ORDINANCE NO. 958 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING DEVELOPMENT CODE AMENDMENT DRC2019-00459 IN CONNECTION WITH THE ETIWANDA HEIGHTS NEIGHBORHOOD AND CONSERVATION PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF ORDINANCE NO. 959 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING ZONING MAP AMENDMENT AND PREZONING DRC2015-00752 IN CONNECTION WITH THE ETIWANDA HEIGHTS NEIGHBORHOOD AND CONSERVATION PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF ORDINANCE NO. 960 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING ETIWANDA NORTH SPECIFIC PLAN AMENDMENT DRC2015- 00750 IN CONNECTION WITH THE ETIWANDA HEIGHTS NEIGHBORHOOD AND CONSERVATION PLAN, DRC2015-00751, AND MAKING FINDINGS IN SUPPORT THEREOF **DRAFT** October 2, 2019 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 9 of 13 Page 19 RESOLUTION NO. 19-084 A RESOLUTION OF APPLICATION BY THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REQUESTING THAT THE LOCAL AGENCY FORMATION COMMISSION FOR SAN BERNARDINO COUNTY INITIATE PROCEEDINGS TO ANNEX CERTAIN UNINHABITED TERRITORY WITHIN UNINCORPORATED SAN BERNARDINO COUNTY TO THE CITY OF RANCHO CUCAMONGA AND DETACH SAID TERRITORY FROM COUNTY SERVICE AREA 70 IN CONNECTION WITH THE ETIWANDA HEIGHTS NEIGHBORHOOD AND CONSERVATION PLAN City Manager Gillison introduced Public Hearing item J1 and Matt Burris, Deputy City Manager; Elisa Cox, Deputy City Manager and Jean Ward, Contract Planner, who gave the Staff Report. Deputy City Manager Burris provided an overview of the Etiwanda Heights Neighborhood and Conservation Plan; Reviewed the Outcome of Community Input and Online Community Results; Reviewed the Guiding Principles that helped draft a Plan which includes preservation of Local Control, Open Space Conservation, Active Healthy Living, Fiscal Responsibility, Public Safety, and Unique Sense of Place; and went over the Public Review for the Draft Environmental Impact Report (EIR). Additionally, Deputy City Manager Burris reviewed the Reduction of Neighborhood Area Footprint, Open Space Conservation Efforts, the Rural/Conservation Area Requested Changes, the option of having a Voluntary Transfer of Development Rights, Neighborhood Area Regulation Zones, Open Space Framework, Master Plan of Trails, Multimodal Street Network Opportunities, Street Designs, topics studied in the EIR; and reviewed the outcomes of the Specific Plan presented. Mayor Michael opened the Public Hearing item. Tom Griffey, EXP Realty, representing 6 owners, noted that his clients did not receive an online survey for the project; and spoke in opposition to the plan. Hazel Wilkinson, spoke in opposition to the plan; requested to receive accounting information on costs associated with this item; inquired if the public can vote on this item; and expressed concerns with water supply for the project area. Manuela Amaya, Healthy RC Steering Community Member and Community Champion Member, spoke in support of the plan and the community outreach done by the City. William Ty Larson, spoke in opposition to the proposed plan unless the proposed edits were made; and requested the City Council vote on a plan that is reasonable. Lawrence Henderson, spoke in opposition to the plan; inquired on the trail head and equestrian facility designated in Sub Area 3 of the Plan including the timing and if it will be open to the public; inquired on the timing to implement regional trails, community trails and the Etiwanda Heights trail; inquired on construction of local feeder trails; and inquired on how Equestrian Mitigation fees will be applied and if existing funds will be used for Sub Area 3. Jody Enright, spoke in opposition of the proposed plan until it is revised with the changes that have been requested. Concepcion Barragan, Healthy RC Community Champions member, spoke in support of the proposed plan due to the health and safety opportunities the proposed plan will offer to the community. **DRAFT** October 2, 2019 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 10 of 13 Page 20 Alex Cunningham, spoke in opposition to the proposed plan; indicated that he did not have a chance to review the staff report for his requested changes; and opposed new taxation. Larry Enright, spoke in opposition to the proposed plan and requested more time to review the staff report. Veronica Irwin, Healthy RC Community Champions member, spoke in support of the Etiwanda Heights Plan due to the proposed recreational areas. Lori Larson, spoke in opposition to the proposed plan until revised with changes presented in staff report. Patrick Kaemerle, Inland Real Estate Group, objects to the Environmental Impact Report and City Annexation Plan; spoke in opposition to the proposed plan. Don Smith, spoke in support of the community engagement process for the plan; spoke on the housing crisis and the opportunity for housing options. Mark Rush, expressed concerns with impacts on traffic, air quality and the possibility of changing conservation areas in the future. He supported having a large conservation area. Tony Marick, opposed the Environmental Impact Report; shared information on previous annexation efforts; and spoke in opposition to the plan. Diane Williams, spoke in support of the plan and on the importance of having local control; and recommended the City Council continue to meet with residents. Kai -Ping (William) Lin, spoke in opposition to the annexation plan until the plan is revised with requested changes. Diane Gunther, spoke in support of the plan and having local control over the area. Max Cherubil, spoke in support of the plan and local control over the area. Kevin Kenley, spoke in support of local control over the area; and noted a potential discrepancy between the General Pan and Etiwanda Specific Plan regarding Overlay Areas; and inquired if the Trails Advisory Committee should review the lot size and setbacks for horse keeping. Mayor Michael closed the Public Hearing item. Deputy City Manager Burris addressed various concerns addressed during the public comments section. Mr. Burris reviewed the Rural/Conservation Area requested changes to the plan to help address the concerns by property owners including no new taxes and no changes to animal keeping. He noted that the final plan will have all the recommendations made and shared that there were no significant changes in the environmental impact. City Attorney Markman confirmed that the City has a valid Environmental Impact Report. **DRAFT** October 2, 2019 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 11 of 13 Page 21 City Manager Gillison confirmed that there was a water supply assessment done by the Cucamonga Valley Water District (CVWD) in which confirmed there is enough water for the proposed area. Deputy City Manager Burris addressed open space preservation for the area and long-term preservation for open space conservation; reviewed the voluntary transfer of development rights program option, the timing of equestrian trails being outside of the City's control and part of new development process; and noted that the Etiwanda Equestrian Overlay would still apply. Councilmember Hutchison requested confirmation that the requested changes will be part of the recommendation. City Manager Gillison confirmed that the City will publish a document that is complete and will include all the proposed changes. Deputy City Manager Burris addressed the intent to preserve land and addressed the new preserves are currently public lands. Discussion ensued regarding preservation of land and build out timeframe for the proposed area. In response to Mayor Pro Tem Kennedy's questions, Deputy City Manager Burris confirmed that there is no interest in undermining property rights and that the City Council objectives were based on stakeholders and public input received. Council Member Scott thanked staff for their presentation, outreach and balancing priorities; spoke on the transfer of development rights and noted that she would like to see transfer development rights further explored. Deputy City Manager Burris shared that they will study expanding the program to help with conservation efforts. Council Member Spagnolo spoke on previous annexation efforts brought before to the City Council; spoke in support of local control, conservations efforts and in support of the current proposed plan. In response to Mr. Kenley's public comment, Assistant City Attorney David Snow confirmed that the Etiwanda Specific Plan fits into the General Plan specifications and there is no inconsistency. Discussion ensued between the City Council and staff on density for surrounding areas and access to the equestrian park. City Manager Gillison confirmed that the Equestrian Park will be open to the public and that the Homeowners Association (HOA) will pay and maintain it and it will not be a burden to tax payers. Mayor Michael spoke in support of having local control and the plan presented for approval. MOTION: Moved by Council Member Spagnolo, seconded by Mayor Pro Tem Kennedy, to approve Staff's recommendation including the described edits to the rural development standards to allow density requirements at 1 dwelling unit per 10 acres in the Rural Open Space SubZone and 1 dwelling unit per 2 acres in the RH SubZone; and Permit Animal Keeping for Livestock and Poultry in the Rural/Conservation Area by right as specified in the Development Code; adopt Resolutions No. 19-082, 19-083, 19-084 and introduce First Reading **DRAFT** October 2, 2019 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 12 of 13 Page 22 of Ordinance Nos. 957, 958, 959 and 960 by Title Only and waive further readings, and set Second Reading and Adoption at the next City Council meeting. City Manager Gillison noted that all changes will be included in the second reading and adoption of Ordinance Nos. 957, 958, 959 and 960. Linda Troyan, City Clerk Services Director, read the title of Ordinance Nos. 957, 958, 959 and 960. VOTES NOW CAST ON MOTION: Moved by Council Member Spagnolo, seconded by Mayor Pro Tem Kennedy, to approve Staff's recommendation including the described edits to the rural development standards to allow density requirements at 1 dwelling unit per 10 acres in the Rural Open Space SubZone and 1 dwelling unit per 2 acres in the RH SubZone; and Permit Animal Keeping for Livestock and Poultry in the Rural/Conservation Area by right as specified in the Development Code; adopt Resolutions No. 19-082, 19-083, 19-084 and introduce First Reading of Ordinance Nos. 957, 958, 959 and 960 by Title Only and waive further readings, and set Second Reading and Adoption at the next City Council meeting. Motion carried unanimously, 5-0. None. L.1. COUNCIL ANNOUNCEMENTS Council Member Scott announced that Mayor Pro Tem Kennedy and herself are wearing a shirt labeled #WOH Women of Hope to demonstrate support of a non-profit organization in the City that helps and gives opportunity and hope to children and youth in the City. L.2. INTER -AGENCY UPDATES None. None. Mayor Michael announced that the next Council Meeting will be on November 6, 2019 and adjourned the meeting at 10:00 p.m. in Memory of Charles ("Chuck") Lawrence Keagle III. Approved: Respectfully submitted, Linda A. Troyan, MMC City Clerk Services Director **DRAFT** October 2, 2019 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 13 of 13 Page 23 DATE: November 6, 2019 TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Tamara Layne, Finance Director SUBJECT: CONSIDERATION TO APPROVE BI -WEEKLY PAYROLL IN THE AMOUNT OF $2,128,634.61 AND WEEKLY CHECK REGISTERS (EXCLUDING CHECKS ISSUED TO SOUTHERN CALIFORNIA GAS COMPANY) IN THE AMOUNT OF $506,510.44 DATED SEPTEMBER 24, 2019 THROUGH OCTOBER 28, 2019. RECOMMENDATION: Staff recommends Fire Board approve payment of demands as presented. BACKGROUND: N/A ANALYSIS: N/A FISCAL IMPACT: Adequate budgeted funds are available for the payment of demands per the attached listing. COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Attachment 1 Check Register Page 24 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00009583 09/25/2019 ALL CITY MANAGEMENT SERVICES INC 51,889.17 0.00 51,889.17 AP 00009584 09/25/2019 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 34,282.98 0.00 34,282.98 AP 00009585 09/25/2019 CHAFFEY JOINT UNION HS DISTRICT 1,543.80 0.00 1,543.80 AP 00009586 09/25/2019 RCCEA 1,745.50 0.00 1,745.50 AP 00009587 09/25/2019 RCPFA 11,627.45 0.00 11,627.45 AP 00009588 09/26/2019 AIRGAS USA LLC 0.00 148.51 148.51 AP 00009589 09/26/2019 BEST BEST & KRIEGER LLP 180.00 0.00 180.00 AP 00009590 09/26/2019 INLAND VALLEY DAILY BULLETIN 4,591.12 0.00 4,591.12 AP 00009591 09/26/2019 MINUTEMAN PRESS 209.04 0.00 209.04 AP 00009592 09/26/2019 OFFICE DEPOT 1,724.00 599.09 2,323.09 *** AP 00009593 09/26/2019 PSA PRINT GROUP 148.70 0.00 148.70 AP 00009594 10/02/2019 SAN BERNARDINO CTY SHERIFFS DEPT 3,229,508.00 0.00 3,229,508.00 AP 00009595 10/03/2019 ABC LOCKSMITHS 23.17 0.00 23.17 AP 00009596 10/03/2019 AIRGAS USA LLC 2,339.62 0.00 2,339.62 AP 00009597 10/03/2019 CARQUEST AUTO PARTS 3,377.95 0.00 3,377.95 AP 00009598 10/03/2019 DUMBELL MAN FITNESS EQUIPMENT, THE 0.00 480.00 480.00 AP 00009599 10/03/2019 EMCOR SERVICES 19,633.50 0.00 19,633.50 AP 00009600 10/03/2019 EWING IRRIGATION PRODUCTS 866.92 0.00 866.92 AP 00009601 10/03/2019 KME FIRE APPARATUS 0.00 332.11 332.11 AP 00009602 10/03/2019 MCFADDEN DALE HARDWARE 39.22 0.00 39.22 AP 00009603 10/03/2019 MINUTEMAN PRESS 838.27 0.00 838.27 AP 00009605 10/03/2019 OFFICE DEPOT 4,971.88 260.08 5,231.96 *** AP 00009606 10/03/2019 PSA PRINT GROUP 293.09 0.00 293.09 AP 00009607 10/03/2019 SUNRISE FORD 941.31 0.00 941.31 AP 00009608 10/03/2019 THOMPSON PLUMBING SUPPLY INC 186.97 0.00 186.97 AP 00009609 10/09/2019 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 39,199.01 0.00 39,199.01 AP 00009610 10/09/2019 HD PRODUCTIONS INC 2,000.00 0.00 2,000.00 AP 00009611 10/09/2019 MOFFATT & NICHOL 169,339.95 0.00 169,339.95 AP 00009612 10/09/2019 RCCEA 1,793.00 0.00 1,793.00 AP 00009613 10/09/2019 RCPFA 12,021.24 0.00 12,021.24 AP 00009614 10/10/2019 ABC LOCKSMITHS 212.25 0.00 212.25 AP 00009615 10/10/2019 AIRGAS USA LLC 959.40 0.00 959.40 AP 00009616 10/10/2019 BSN SPORTS LLC 430.95 0.00 430.95 AP 00009617 10/10/2019 CARQUEST AUTO PARTS 5,618.02 0.00 5,618.02 AP 00009618 10/10/2019 DUMBELL MAN FITNESS EQUIPMENT, THE 310.00 540.81 850.81 *** AP 00009619 10/10/2019 EMCOR SERVICES 4,420.50 320.00 4,740.50 *** AP 00009620 10/10/2019 EWING IRRIGATION PRODUCTS 176.19 0.00 176.19 AP 00009621 10/10/2019 GRANICUS INC 1,702.62 0.00 1,702.62 AP 00009622 10/10/2019 HOSE MAN INC 62.25 0.00 62.25 AP 00009623 10/10/2019 MINUTEMAN PRESS 172.40 0.00 172.40 AP 00009624 10/10/2019 OFFICE DEPOT 1,130.95 0.00 1,130.95 AP 00009625 10/10/2019 PSA PRINT GROUP 49.57 0.00 49.57 AP 00009626 10/10/2019 SIEMENS MOBILITY INC 110,289.12 0.00 110,289.12 AP 00009627 10/10/2019 SUNRISE FORD 2,193.35 0.00 2,193.35 AP 00009628 10/10/2019 TARGET SPECIALTY PRODUCTS 3,745.68 0.00 3,745.68 AP 00009629 10/16/2019 EDF TRADING NORTH AMERICA LLC 69,300.00 0.00 69,300.00 AP 00009630 10/16/2019 EXELON GENERATION CO LLC 279,795.00 0.00 279,795.00 User: VLOPEZ - VERONICA LOPEZ Page: 1 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:33:42 Page 25 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00009631 10/16/2019 RIVERSIDE, CITY OF 6,909.00 0.00 6,909.00 AP 00009632 10/16/2019 SARGENT TOWN PLANNING INC 38,572.39 0.00 38,572.39 AP 00009633 10/17/2019 AIRGAS USA LLC 0.00 330.85 330.85 AP 00009634 10/17/2019 BIBLIOTHECA LLC 6,204.02 0.00 6,204.02 AP 00009635 10/17/2019 CITRUS MOTORS ONTARIO INC 0.00 1,770.36 1,770.36 AP 00009636 10/17/2019 DUMBELL MAN FITNESS EQUIPMENT, THE 125.00 0.00 125.00 AP 00009637 10/17/2019 DUNN EDWARDS CORPORATION 465.06 0.00 465.06 AP 00009638 10/17/2019 HOSE MAN INC 0.00 292.57 292.57 AP 00009639 10/17/2019 KME FIRE APPARATUS 0.00 4,175.51 4,175.51 AP 00009640 10/17/2019 OFFICE DEPOT 7,213.50 0.00 7,213.50 AP 00009641 10/17/2019 PSA PRINT GROUP 204.73 278.77 483.50 *** AP 00009642 10/17/2019 VISTA PAINT 1,015.65 0.00 1,015.65 AP 00009643 10/23/2019 AHUMADA, ALEXANDER R 0.00 653.66 653.66 AP 00009644 10/23/2019 ALMAND, LLOYD 0.00 653.66 653.66 AP 00009645 10/23/2019 BANTAU, VICTORIA 0.00 511.48 511.48 AP 00009646 10/23/2019 BAZAL, SUSAN 0.00 677.47 677.47 AP 00009647 10/23/2019 BELL, MICHAEL L. 0.00 1,551.56 1,551.56 AP 00009648 10/23/2019 BERRY, DAVID 0.00 1,101.28 1,101.28 AP 00009649 10/23/2019 BROCK, ROBIN 0.00 1,102.61 1,102.61 AP 00009650 10/23/2019 CAMPBELL, GERALD 0.00 806.38 806.38 AP 00009651 10/23/2019 CAMPBELL, STEVEN 0.00 1,608.88 1,608.88 AP 00009652 10/23/2019 CARNES, KENNETH 0.00 511.48 511.48 AP 00009653 10/23/2019 CLABBY, RICHARD 0.00 1,101.28 1,101.28 AP 00009654 10/23/2019 CLOUGHESY, DONALD R 0.00 2,057.83 2,057.83 AP 00009655 10/23/2019 CORCORAN, ROBERT ANTHONY 0.00 707.78 707.78 AP 00009656 10/23/2019 COSTELLO, DENNIS M 0.00 2,057.83 2,057.83 AP 00009657 10/23/2019 COX, KARL 0.00 653.66 653.66 AP 00009658 10/23/2019 CRANE, RALPH 0.00 653.66 653.66 AP 00009659 10/23/2019 CROSSLAND, WILBUR 0.00 511.48 511.48 AP 00009660 10/23/2019 DAGUE, JAMES 0.00 1,072.30 1,072.30 AP 00009661 10/23/2019 DE ANTONIO, SUSAN 0.00 707.78 707.78 AP 00009662 10/23/2019 DEANS, JACKIE 0.00 258.83 258.83 AP 00009663 10/23/2019 DOMINICK, SAMUEL A. 0.00 1,102.61 1,102.61 AP 00009664 10/23/2019 EGGERS, BOB 0.00 2,057.83 2,057.83 AP 00009665 10/23/2019 FRITCHEY, JOHN D. 0.00 511.48 511.48 AP 00009666 10/23/2019 HEYDE, DONALD 0.00 653.66 653.66 AP 00009667 10/23/2019 INTERLICCHIA, ROSALYN 0.00 258.83 258.83 AP 00009668 10/23/2019 JERKINS, PATRICK 0.00 1,472.46 1,472.46 AP 00009669 10/23/2019 KILMER, STEPHEN 0.00 1,101.28 1,101.28 AP 00009670 10/23/2019 LANE, WILLIAM 0.00 1,102.61 1,102.61 AP 00009671 10/23/2019 LARKIN, DAVID W 0.00 1,472.46 1,472.46 AP 00009672 10/23/2019 LEE, ALLAN J. 0.00 584.82 584.82 AP 00009673 10/23/2019 LENZE, PAUL E 0.00 1,203.50 1,203.50 AP 00009674 10/23/2019 LONCAR, PHILIP 0.00 1,101.28 1,101.28 AP 00009675 10/23/2019 LONGO, JOE 0.00 187.74 187.74 AP 00009676 10/23/2019 LUTTRULL, DARRELL 0.00 511.48 511.48 AP 00009677 10/23/2019 MACKALL, BEVERLY 0.00 187.74 187.74 User: VLOPEZ - VERONICA LOPEZ Page: 2 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:33:42 Page 26 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00009678 10/23/2019 MAYFIELD, RON 0.00 653.66 653.66 AP 00009679 10/23/2019 MCKEE, JOHN 0.00 653.66 653.66 AP 00009680 10/23/2019 MCNEIL, KENNETH 0.00 653.66 653.66 AP 00009681 10/23/2019 MICHAEL, L. DENNIS 0.00 1,102.61 1,102.61 AP 00009682 10/23/2019 MORGAN, BYRON 0.00 1,731.23 1,731.23 AP 00009683 10/23/2019 MYSKOW, DENNIS 0.00 1,101.28 1,101.28 AP 00009684 10/23/2019 NAUMAN, MICHAEL 0.00 511.48 511.48 AP 00009685 10/23/2019 NEE, RON 0.00 677.47 677.47 AP 00009686 10/23/2019 NELSON, MARY JANE 0.00 187.74 187.74 AP 00009687 10/23/2019 O'BRIEN, TOM 0.00 1,173.00 1,173.00 AP 00009688 10/23/2019 PLOUNG, MICHAEL J 0.00 584.82 584.82 AP 00009689 10/23/2019 POST, MICHAEL R 0.00 1,503.07 1,503.07 AP 00009690 10/23/2019 PROULX, PATRICK 0.00 1,551.56 1,551.56 AP 00009691 10/23/2019 REDMOND, MIKE 0.00 1,102.61 1,102.61 AP 00009692 10/23/2019 ROEDER, JEFF 0.00 1,551.56 1,551.56 AP 00009693 10/23/2019 SALISBURY, THOMAS 0.00 653.66 653.66 AP 00009694 10/23/2019 SMITH, RONALD 0.00 511.48 511.48 AP 00009695 10/23/2019 SORENSEN, SCOTT D 0.00 1,979.02 1,979.02 AP 00009696 10/23/2019 SPAGNOLO, SAM 0.00 511.48 511.48 AP 00009697 10/23/2019 SPAIN, WILLIAM 0.00 806.38 806.38 AP 00009698 10/23/2019 SULLIVAN, JAMES 0.00 511.48 511.48 AP 00009699 10/23/2019 TAYLOR, STEVE 0.00 1,605.35 1,605.35 AP 00009700 10/23/2019 TULEY, TERRY 0.00 1,551.56 1,551.56 AP 00009701 10/23/2019 VANDERKALLEN, FRANCIS 0.00 653.66 653.66 AP 00009702 10/23/2019 VARNEY, ANTHONY 0.00 1,102.61 1,102.61 AP 00009703 10/23/2019 WALTON, KEVIN 0.00 1,472.46 1,472.46 AP 00009704 10/23/2019 YOWELL, TIMOTHY A 22,567.95 1,072.30 1,072.30 *** AP 00009705 10/23/2019 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 37,621.92 0.00 37,621.92 AP 00009706 10/23/2019 INDERWEISCHE, MATT 972.00 0.00 972.00 AP 00009707 10/23/2019 RCCEA 1,788.00 0.00 1,788.00 AP 00009708 10/23/2019 RCPFA 11,562.46 0.00 11,562.46 AP 00009709 10/24/2019 ABC LOCKSMITHS 216.58 0.00 216.58 AP 00009710 10/24/2019 CARQUEST AUTO PARTS 83.59 0.00 83.59 AP 00009711 10/24/2019 DUMBELL MAN FITNESS EQUIPMENT, THE 140.00 0.00 140.00 AP 00009712 10/24/2019 DUNN EDWARDS CORPORATION 789.40 0.00 789.40 AP 00009713 10/24/2019 EMCOR SERVICES 24,226.38 0.00 24,226.38 AP 00009714 10/24/2019 EWING IRRIGATION PRODUCTS 121.94 0.00 121.94 AP 00009715 10/24/2019 INLAND VALLEY DAILY BULLETIN 3,486.40 0.00 3,486.40 AP 00009716 10/24/2019 KME FIRE APPARATUS 0.00 189.74 189.74 AP 00009717 10/24/2019 LENOVO (UNITED STATES) INC. 210,758.99 0.00 210,758.99 AP 00009718 10/24/2019 OFFICE DEPOT 3,379.19 1,074.66 4,453.85 *** AP 00009719 10/24/2019 SAFELITE FULFILLMENT INC 59.95 0.00 59.95 AP 00009720 10/24/2019 SIEMENS MOBILITY INC 151,497.97 0.00 151,497.97 AP 00009721 10/24/2019 SITEONE LANDSCAPE SUPPLY LLC 4,432.23 0.00 4,432.23 AP 00009722 10/24/2019 THOMPSON PLUMBING SUPPLY INC 435.67 0.00 435.67 AP 00009723 10/24/2019 VISTA PAINT 1,399.06 0.00 1,399.06 AP 00404266 09/24/2019 CALIFORNIA DPT OF TAX & FEE ADMINISTRATION 1,612.02 185.32 1,797.34 *** User: VLOPEZ - VERONICA LOPEZ Page: 3 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:33:42 Page 27 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00404267 09/24/2019 GOVERNMENT FINANCE OFFICERS ASSOCIATION 765.00 0.00 765.00 AP 00404268 09/24/2019 LUGO, AIDA N 200.00 0.00 200.00 AP 00404269 09/25/2019 ABLE BUILDING MAINTENANCE 4,664.40 0.00 4,664.40 AP 00404270 09/25/2019 ABSOLUTE SECURITY INTERNATIONAL INC 18,333.24 0.00 18,333.24 AP 00404271 09/25/2019 ACEY DECY EQUIPMENT INC. 485.55 0.00 485.55 AP 00404272 09/25/2019 ACTION AWARDS INC 443.66 0.00 443.66 AP 00404273 09/25/2019 ADAPT CONSULTING INC 269.38 0.00 269.38 AP 00404274 09/25/2019 ADVANCED CHEMICAL TRANSPORT 1,632.50 0.00 1,632.50 AP 00404275 09/25/2019 AFLAC GROUP INSURANCE 24.58 0.00 24.58 AP 00404276 09/25/2019 AGUIRRE, GILBERT 20.00 0.00 20.00 AP 00404277 09/25/2019 ALL WELDING 135.00 0.00 135.00 AP 00404278 09/25/2019 ALLIANT INSURANCE SERVICES INC 367.00 0.00 367.00 AP 00404279 09/25/2019 AMERICAN ASPHALT SOUTH INC 124,128.38 0.00 124,128.38 AP 00404280 09/25/2019 ARCHITERRA DESIGN GROUP 18,477.50 0.00 18,477.50 AP 00404281 09/25/2019 AROCHO, ALMA 1,546.80 0.00 1,546.80 AP 00404282 09/25/2019 ASCENT ENVIRONMENTAL INC 10,122.45 0.00 10,122.45 AP 00404283 09/25/2019 AUFBAU CORPORATION 23,685.00 0.00 23,685.00 AP 00404284 09/25/2019 AUFBAU CORPORATION 22,272.00 0.00 22,272.00 AP 00404285 09/25/2019 BAKER & TAYLOR LLC 93.02 0.00 93.02 AP 00404286 09/25/2019 BANK OF NEW YORK MELLON, THE 1,750.00 0.00 1,750.00 AP 00404287 09/25/2019 BAST, KAROLYN 628.80 0.00 628.80 AP 00404288 09/25/2019 BAUER COMPRESSORS 0.00 2,760.30 2,760.30 AP 00404289 09/25/2019 BERMINGHAM, GENEVIEVE G. 210.00 0.00 210.00 AP 00404290 09/25/2019 BILL & WAGS INC 285.00 0.00 285.00 AP 00404291 09/25/2019 BOUND TREE MEDICAL LLC 0.00 5,265.96 5,265.96 AP 00404292 09/25/2019 BRIGHTON AT TERRA VISTA 570.28 0.00 570.28 AP 00404293 09/25/2019 C V W D 161.98 0.00 161.98 AP 00404301 09/25/2019 C V W D 185,524.07 1,698.57 187,222.64 *** AP 00404302 09/25/2019 CAL PERS LONG-TERM CARE PROGRAM 152.48 0.00 152.48 AP 00404303 09/25/2019 CALIFORNIA LIBRARY ASSOCIATION 5,225.00 0.00 5,225.00 AP 00404304 09/25/2019 CALIFORNIA, STATE OF 314.11 0.00 314.11 AP 00404305 09/25/2019 CALIFORNIA, STATE OF 8.44 0.00 8.44 AP 00404306 09/25/2019 CALIFORNIA, STATE OF 7.22 0.00 7.22 AP 00404307 09/25/2019 CAMERON WELDING SUPPLIES 129.94 0.00 129.94 AP 00404308 09/25/2019 CAMERON -DANIEL PC 2,165.50 0.00 2,165.50 AP 00404309 09/25/2019 CASTRO, ROBERT 2,866.00 0.00 2,866.00 AP 00404310 09/25/2019 CCS ORANGE COUNTY JANITORIAL INC 7,008.13 0.00 7,008.13 AP 00404311 09/25/2019 CHAMPION AWARDS AND SPECIALTIES 19.40 0.00 19.40 AP 00404312 09/25/2019 CINTAS CORPORATION #150 1,379.10 417.88 1,796.98 *** AP 00404313 09/25/2019 CLAREMONT COURIER 604.00 0.00 604.00 AP 00404314 09/25/2019 CLARK, KAREN 792.00 0.00 792.00 AP 00404315 09/25/2019 CLEAN OUT SOURCE 545.00 0.00 545.00 AP 00404316 09/25/2019 COX, ELISA 204.56 0.00 204.56 AP 00404317 09/25/2019 CPRS 200.00 0.00 200.00 AP 00404318 09/25/2019 D & K CONCRETE COMPANY 2,082.82 0.00 2,082.82 AP 00404319 09/25/2019 D M CONTRACTING INC 26,377.70 0.00 26,377.70 AP 00404320 09/25/2019 DATA TICKET INC 6,488.09 0.00 6,488.09 User: VLOPEZ - VERONICA LOPEZ Page: 4 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:33:42 Page 28 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00404321 09/25/2019 DAVID, DIANE 210.00 0.00 210.00 AP 00404322 09/25/2019 DEALER ALTERNATIVE SOLUTIONS 1,014.69 0.00 1,014.69 AP 00404323 09/25/2019 DEREVENCHA, LEO 139.00 0.00 139.00 AP 00404324 09/25/2019 DIAMOND ENVIRONMENTAL SERVICES 1,663.17 0.00 1,663.17 AP 00404325 09/25/2019 DIRECTV 78.79 0.00 78.79 AP 00404326 09/25/2019 DOLLARHIDE, GINGER 276.00 0.00 276.00 AP 00404327 09/25/2019 DUNN, ANNE MARIE 888.00 0.00 888.00 AP 00404328 09/25/2019 DVBE INSURANCE & FINANCIAL SVCS 4,800.00 0.00 4,800.00 AP 00404329 09/25/2019 EASTERLING, RAY 235.20 0.00 235.20 AP 00404330 09/25/2019 ELECTRO SWITCH CORP 4,893.57 0.00 4,893.57 AP 00404331 09/25/2019 ENT & SINUS CENTER INC 19.54 0.00 19.54 AP 00404332 09/25/2019 ESI ACQUISITION INC 0.00 20,800.00 20,800.00 AP 00404333 09/25/2019 FEDERAL EXPRESS CORP 23.45 0.00 23.45 AP 00404334 09/25/2019 FLAG SYSTEMS INC. 2,850.00 0.00 2,850.00 AP 00404335 09/25/2019 FLORES, MARIA A 130.00 0.00 130.00 AP 00404336 09/25/2019 FORD OF UPLAND INC 3,328.25 0.00 3,328.25 AP 00404337 09/25/2019 FORTIN LAW GROUP 1,512.00 0.00 1,512.00 AP 00404338 09/25/2019 FRONTIER COMM 603.08 492.61 1,095.69 *** AP 00404339 09/25/2019 FRONTIER COMM 3,306.17 0.00 3,306.17 AP 00404340 09/25/2019 FUEL SERV 1,251.25 0.00 1,251.25 AP 00404341 09/25/2019 G AND M BUSINESS INTERIORS 102.17 0.00 102.17 AP 00404342 09/25/2019 GAIL MATERIALS 2,911.19 0.00 2,911.19 AP 00404343 09/25/2019 GALLOWAY, CLIFFORD 250.00 0.00 250.00 AP 00404344 09/25/2019 GAMBOA, MINERVA 6,800.00 0.00 6,800.00 AP 00404345 09/25/2019 GEOGRAPHICS 876.25 0.00 876.25 AP 00404346 09/25/2019 GIORDANO, MARIANNA 75.60 0.00 75.60 AP 00404347 09/25/2019 GONSALVES AND SON, JOE A 3,045.00 0.00 3,045.00 AP 00404348 09/25/2019 GRAINGER 975.63 0.00 975.63 AP 00404349 09/25/2019 GRAPHICS FACTORY PRINTING INC. 3,404.90 0.00 3,404.90 AP 00404350 09/25/2019 GRAYBAR ELECTRIC CO 149.47 0.00 149.47 AP 00404351 09/25/2019 GUTIERREZ, ANA 15.00 0.00 15.00 AP 00404352 09/25/2019 GUTIERREZ, EMMANUEL 112.00 0.00 112.00 AP 00404353 09/25/2019 GUTIERREZ, STEPHANIE 54.67 0.00 54.67 AP 00404354 09/25/2019 HAMILTON, MONIQUE 1,680.00 0.00 1,680.00 AP 00404355 09/25/2019 HAMPTON YOGA 1,215.00 0.00 1,215.00 AP 00404356 09/25/2019 HANGTIME SPORTS 594.00 0.00 594.00 AP 00404357 09/25/2019 HARGREAVES, JANET 210.00 0.00 210.00 AP 00404358 09/25/2019 HEARTSAVERS LLC 110.00 0.00 110.00 AP 00404359 09/25/2019 HERITAGE EDUCATION GROUP 263.00 0.00 263.00 AP 00404360 09/25/2019 HMC ARCHITECTS 0.00 35,224.36 35,224.36 AP 00404361 09/25/2019 HOLSEY, CHANTE 120.00 0.00 120.00 AP 00404362 09/25/2019 HUBBERT, JAMES LIDELL 144.00 0.00 144.00 AP 00404363 09/25/2019 ICE DATA PRICING AND REFERENCE DATA LLC 282.42 0.00 282.42 AP 00404364 09/25/2019 IDEAL GLASS TINTING 4,959.00 0.00 4,959.00 AP 00404365 09/25/2019 IMAGEMPORIUM, THE 1,595.06 0.00 1,595.06 AP 00404366 09/25/2019 IMPERIAL SPRINKLER SUPPLY INC 2,988.69 0.00 2,988.69 AP 00404367 09/25/2019 INLAND DESERT SECURITY & COMMUNICATIONS INC 50.00 0.00 50.00 User: VLOPEZ - VERONICA LOPEZ Page: 5 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:33:42 Page 29 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00404368 09/25/2019 INLAND OVERHEAD DOOR COMPANY 0.00 261.25 261.25 AP 00404369 09/25/2019 INLAND PRESORT & MAILING SERVICES 549.85 0.00 549.85 AP 00404370 09/25/2019 INTERSTATE BATTERIES 2,154.83 0.00 2,154.83 AP 00404371 09/25/2019 JEONG, SUNHEE 70.00 0.00 70.00 AP 00404372 09/25/2019 JEWEL, PATRICIA 210.00 0.00 210.00 AP 00404373 09/25/2019 KEITH, JORRY 270.00 0.00 270.00 AP 00404374 09/25/2019 KIMLEY HORN AND ASSOCIATES INC 51,635.91 0.00 51,635.91 AP 00404375 09/25/2019 KINDRED CORPORATION 1,234.08 0.00 1,234.08 AP 00404376 09/25/2019 KOSSON TALENT LLC 2,325.00 0.00 2,325.00 AP 00404377 09/25/2019 KVAC ENVIRONMENTAL SERVICES INC 8,188.25 0.00 8,188.25 AP 00404378 09/25/2019 LAW ENFORCEMENT TARGETS 1,476.57 0.00 1,476.57 AP 00404379 09/25/2019 LIFE ASSIST INC 0.00 367.73 367.73 AP 00404380 09/25/2019 LITTLE BEAR PRODUCTIONS 5,835.00 0.00 5,835.00 AP 00404381 09/25/2019 LOS ANGELES TIMES 124.93 0.00 124.93 AP 00404382 09/25/2019 LU'S LIGHTHOUSE INC 138.69 0.00 138.69 AP 00404383 09/25/2019 LU, STARLYN 1,000.00 0.00 1,000.00 AP 00404384 09/25/2019 MARIPOSA LANDSCAPES INC 26,438.76 2,428.71 28,867.47 *** AP 00404385 09/25/2019 MATA, TERESA 10.00 0.00 10.00 AP 00404386 09/25/2019 MCI 69.04 0.00 69.04 AP 00404387 09/25/2019 MIDWEST TAPE 1,298.18 0.00 1,298.18 AP 00404388 09/25/2019 MORRIS, RICHARD 42.00 0.00 42.00 AP 00404389 09/25/2019 MOUNTAIN VIEW SMALL ENG REPAIR 244.94 0.00 244.94 AP 00404390 09/25/2019 MUNYIRI, JOSEPH 128.65 0.00 128.65 AP 00404391 09/25/2019 MUSICLAND 462.00 0.00 462.00 AP 00404392 09/25/2019 MUTUAL PROPANE 0.00 20.00 20.00 AP 00404393 09/25/2019 MYERS TIRE SUPPLY COMPANY 552.37 0.00 552.37 AP 00404394 09/25/2019 NA, QI 8.99 0.00 8.99 AP 00404395 09/25/2019 NAFA FLEET MANAGEMENT ASSOCIATION 499.00 0.00 499.00 AP 00404396 09/25/2019 NATIONAL PEN CORPORATION 331.87 0.00 331.87 AP 00404397 09/25/2019 NAUMANN HOBBS MATERIAL HANDLING 37.86 0.00 37.86 AP 00404398 09/25/2019 NEARMAP US INC 35,000.00 5,000.00 40,000.00 *** AP 00404399 09/25/2019 NERI, ANTHEA 210.00 0.00 210.00 AP 00404400 09/25/2019 OLS SERVICE INC. 2,138.98 0.00 2,138.98 AP 00404401 09/25/2019 ONTARIO WINNELSON CO 1,247.86 0.00 1,247.86 AP 00404402 09/25/2019 ONWARD ENGINEERING 16,390.00 0.00 16,390.00 AP 00404403 09/25/2019 ONWARD ENGINEERING 5,772.50 0.00 5,772.50 AP 00404404 09/25/2019 ONYX PAVING COMPANY INC 82,660.92 0.00 82,660.92 AP 00404405 09/25/2019 ORANGE LINE OIL COMPANY 1,836.66 0.00 1,836.66 AP 00404406 09/25/2019 ORKIN PEST CONTROL 1,493.82 0.00 1,493.82 AP 00404407 09/25/2019 ORONA, PATRICIA 245.00 0.00 245.00 AP 00404408 09/25/2019 OTT, LAURA 810.00 0.00 810.00 AP 00404409 09/25/2019 OTT, SHARON 396.00 0.00 396.00 AP 00404410 09/25/2019 PACIFIC UTILITY INSTALLATION INC 1,392.00 0.00 1,392.00 AP 00404411 09/25/2019 PFINIX CREATIVE GROUP 11,062.50 0.00 11,062.50 AP 00404412 09/25/2019 PRE -PAID LEGAL SERVICES INC 60.17 0.00 60.17 AP 00404413 09/25/2019 PRO SPRAY INC 842.79 0.00 842.79 AP 00404414 09/25/2019 PSA PRINT GROUP 38.79 0.00 38.79 User: VLOPEZ - VERONICA LOPEZ Page: 6 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:33:42 Page 30 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00404415 09/25/2019 QUINN COMPANY 2,390.04 0.00 2,390.04 AP 00404416 09/25/2019 R & T LIFT GATE SERVICES INC 552.79 0.00 552.79 AP 00404417 09/25/2019 R AND R AUTOMOTIVE 1,083.37 0.00 1,083.37 AP 00404418 09/25/2019 RADIUS GLOBAL SOLUTIONS 558.44 0.00 558.44 AP 00404419 09/25/2019 RANCHO CUCAMONGA CHAMBER OF COMMERCE 3,333.34 0.00 3,333.34 AP 00404420 09/25/2019 RANCHO SMOG CENTER 425.00 0.00 425.00 AP 00404421 09/25/2019 RESENDIS, RANDY 92.00 0.00 92.00 AP 00404422 09/25/2019 RIGLEMAN, ENCARNACION ONTIVEROS 160.00 0.00 160.00 AP 00404423 09/25/2019 RODAS' AUTO REPAIR 2,857.74 0.00 2,857.74 AP 00404424 09/25/2019 ROOTS AGENCY,THE 2,325.00 0.00 2,325.00 AP 00404425 09/25/2019 ROTO ROOTER 1,629.30 0.00 1,629.30 AP 00404426 09/25/2019 SAFE SOFTWARE INC 6,500.00 0.00 6,500.00 AP 00404427 09/25/2019 SALDANA NORTH, ELLA 210.00 0.00 210.00 AP 00404428 09/25/2019 SAN BERNARDINO CO AUDITOR CONT 11,155.10 0.00 11,155.10 AP 00404429 09/25/2019 SAN BERNARDINO CTY 18,501.39 0.00 18,501.39 AP 00404430 09/25/2019 SAN BERNARDINO CTY DEPT OF PUBLIC HEALTH 0.00 120.00 120.00 AP 00404431 09/25/2019 SBPEA 2,528.47 0.00 2,528.47 AP 00404432 09/25/2019 SCHOLASTIC BOOK FAIRS 545.30 0.00 545.30 AP 00404433 09/25/2019 SHERIFFS COURT SERVICES 100.00 0.00 100.00 AP 00404434 09/25/2019 SIGN SHOP, THE 0.00 660.51 660.51 AP 00404435 09/25/2019 SILVER & WRIGHT LLP 51,962.00 0.00 51,962.00 AP 00404438 09/25/2019 SOCIAL VOCATIONAL SERVICES 8,064.00 0.00 8,064.00 AP 00404439 09/25/2019 SONSRAY MACHINERY LLC 4,953.04 0.00 4,953.04 AP 00404440 09/25/2019 SOUTH COAST AQMD 0.00 1,660.32 1,660.32 AP 00404445 09/25/2019 SOUTHERN CALIFORNIA EDISON 6,424.64 1,934.84 8,359.48 *** AP 00404446 09/25/2019 SOUTHWEST TRAFFIC SYSTEMS INC 0.00 1,420.75 1,420.75 AP 00404447 09/25/2019 STATEWIDE TRAFFIC SAFETY & SIGNS INC 211.19 0.00 211.19 AP 00404448 09/25/2019 STOR'EM SELF STORAGE 575.00 0.00 575.00 AP 00404449 09/25/2019 STOTZ EQUIPMENT 181.63 0.00 181.63 AP 00404450 09/25/2019 SUPERION LLC 679.92 0.00 679.92 AP 00404451 09/25/2019 TAHQUITZ HIGH SCHOOL ASB 222.39 0.00 222.39 AP 00404452 09/25/2019 TIREHUB LLC 2,036.02 0.00 2,036.02 AP 00404453 09/25/2019 TORO TOWING 450.00 0.00 450.00 AP 00404454 09/25/2019 TORREZ, MAX 210.00 0.00 210.00 AP 00404455 09/25/2019 TRACEY, VAL 318.60 0.00 318.60 AP 00404456 09/25/2019 TYUS, IDA 756.00 0.00 756.00 AP 00404457 09/25/2019 U.S. BANK PARS ACCT #6746022500 1,828.79 0.00 1,828.79 AP 00404458 09/25/2019 U.S. BANK PARS ACCT #6745033700 6,605.00 0.00 6,605.00 AP 00404459 09/25/2019 U.S. BANK PARS ACCT #6745033700 14,245.54 0.00 14,245.54 AP 00404460 09/25/2019 ULINE 452.55 0.00 452.55 AP 00404461 09/25/2019 UNITED PACIFIC SERVICES INC 57,515.00 0.00 57,515.00 AP 00404462 09/25/2019 UNITED SITE SERVICES OF CA INC 281.34 0.00 281.34 AP 00404463 09/25/2019 UNITED WAY 60.00 0.00 60.00 AP 00404464 09/25/2019 UNIVERSAL FLEET SUPPLY 0.00 51.73 51.73 AP 00404465 09/25/2019 UPSCO POWERSAFE SYSTEMS INC 8,640.00 0.00 8,640.00 AP 00404466 09/25/2019 URBAN ARENA 14,550.00 0.00 14,550.00 AP 00404467 09/25/2019 US POSTMASTER 235.00 0.00 235.00 User: VLOPEZ - VERONICA LOPEZ Page: 7 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:33:42 Page 31 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00404468 09/25/2019 UTILIQUEST 5,775.80 0.00 5,775.80 AP 00404469 09/25/2019 UY, REUBEN 210.00 0.00 210.00 AP 00404470 09/25/2019 VAN SCOYOC ASSOCIATES INC 4,000.00 0.00 4,000.00 AP 00404471 09/25/2019 VERIZON BUSINESS SERVICES 326.51 0.00 326.51 AP 00404472 09/25/2019 VOHNE LICHE KENNELS INC 125.00 0.00 125.00 AP 00404473 09/25/2019 WALKER, LARRY 394.00 0.00 394.00 AP 00404474 09/25/2019 WAXIE SANITARY SUPPLY 6,009.73 1,617.54 7,627.27 *** AP 00404475 09/25/2019 WELLS FARGO BANK N A 3,500.00 0.00 3,500.00 AP 00404476 09/25/2019 WILLIAMS, CATINA OR DUANE 127.00 0.00 127.00 AP 00404477 09/25/2019 WILSON & BELL AUTO SERVICE 1,361.33 0.00 1,361.33 AP 00404478 09/25/2019 WORD MILL PUBLISHING 1,200.00 0.00 1,200.00 AP 00404479 09/25/2019 WORD OF THE WORLD 124.50 0.00 124.50 AP 00404480 09/26/2019 SAN BERNARDINO CTY TAX COLLECTOR 5,345.69 0.00 5,345.69 AP 00404481 10/02/2019 AAA ELECTRIC MOTOR SALES 0.00 313.13 313.13 AP 00404482 10/02/2019 ABLE BUILDING MAINTENANCE 807.00 860.00 1,667.00 *** AP 00404483 10/02/2019 ACTION AWARDS INC 17.23 0.00 17.23 AP 00404484 10/02/2019 ACTION CHEMICAL COMPANY 1,284.70 0.00 1,284.70 AP 00404485 10/02/2019 ACUNA, VINCENT 8.00 0.00 8.00 AP 00404486 10/02/2019 ADAP HOUSE OF HOPE 500.00 0.00 500.00 AP 00404487 10/02/2019 ADOBE ANIMAL HOSPITAL 125.00 0.00 125.00 AP 00404488 10/02/2019 ALPHAGRAPHICS 407.65 0.00 407.65 AP 00404489 10/02/2019 ALTAMIRANO, EDDY 45.00 0.00 45.00 AP 00404490 10/02/2019 ARDEN THEATRE CO. 100.00 0.00 100.00 AP 00404491 10/02/2019 ART OF LIVING FOUNDATION 72.00 0.00 72.00 AP 00404492 10/02/2019 ASSI SECURITY 3,163.68 0.00 3,163.68 AP 00404493 10/02/2019 AUFBAU CORPORATION 14,800.00 0.00 14,800.00 AP 00404494 10/02/2019 BAKER & TAYLOR LLC 164.15 0.00 164.15 AP 00404495 10/02/2019 BARRETO, RAQUEL M. 2,600.00 0.00 2,600.00 AP 00404496 10/02/2019 BARTEL ASSOCIATES LLC 0.00 795.00 795.00 AP 00404497 10/02/2019 BAYER HEALTHCARE LLC 181.92 0.00 181.92 AP 00404498 10/02/2019 BENNETT, JEFFREY 1,394.36 0.00 1,394.36 AP 00404499 10/02/2019 BERNELL HYDRAULICS INC 0.00 2.16 2.16 AP 00404500 10/02/2019 BILL & WAGS INC 0.00 1,533.94 1,533.94 AP 00404501 10/02/2019 BISHOP COMPANY 2,200.58 0.00 2,200.58 AP 00404502 10/02/2019 BOB'S MUFFLER SHOP 650.18 0.00 650.18 AP 00404503 10/02/2019 BRIGHTVIEW LANDSCAPE SERVICES INC 3,280.97 0.00 3,280.97 AP 00404504 10/02/2019 C V W D 1,683.30 0.00 1,683.30 AP 00404510 10/02/2019 C V W D 101,413.42 82.67 101,496.09 *** AP 00404511 10/02/2019 CAL STATE SITE SERVICES 445.00 0.00 445.00 AP 00404512 10/02/2019 CAMPOS, ENMA P. 2,575.00 0.00 2,575.00 AP 00404513 10/02/2019 CARTY, DIANE 126.00 0.00 126.00 AP 00404514 10/02/2019 CASTILLO, JESSIE 250.00 0.00 250.00 AP 00404515 10/02/2019 CCS ORANGE COUNTY JANITORIAL INC 70,726.79 0.00 70,726.79 AP 00404516 10/02/2019 CHANG, DANNIE 32.28 0.00 32.28 AP 00404517 10/02/2019 CHARTER COMMUNICATIONS 8,013.12 6,362.54 14,375.66 *** AP 00404518 10/02/2019 CINTAS CORPORATION #150 1,225.41 200.75 1,426.16 *** AP 00404519 10/02/2019 CLARKE PLUMBING SPECIALTIES INC. 0.00 128.30 128.30 User: VLOPEZ - VERONICA LOPEZ Page: 8 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:33:42 Page 32 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00404520 10/02/2019 CLEAN OUT SOURCE 325.00 0.00 325.00 AP 00404521 10/02/2019 CLERK OF THE BOARD OF SUPERVISORS 3,321.00 0.00 3,321.00 AP 00404522 10/02/2019 CLERK OF THE BOARD OF SUPERVISORS 2,404.75 0.00 2,404.75 AP 00404523 10/02/2019 CMTA 380.00 0.00 380.00 AP 00404524 10/02/2019 COAST RECREATION INC 678.36 0.00 678.36 AP 00404525 10/02/2019 COMES, ROSALIE 125.00 0.00 125.00 AP 00404526 10/02/2019 CONSOLIDATED ELECTRICAL DISTR INC 0.00 492.85 492.85 AP 00404527 10/02/2019 COUNTRY ESTATE FENCE CO INC 290.93 0.00 290.93 AP 00404528 10/02/2019 COVETRUS NORTH AMERICA 155.30 0.00 155.30 AP 00404529 10/02/2019 CRIME SCENE STERI-CLEAN LLC 540.00 0.00 540.00 AP 00404530 10/02/2019 CUMMINS SALES AND SERVICE 168.03 3,487.28 3,655.31 *** AP 00404531 10/02/2019 D & D SERVICES INC. 451.50 0.00 451.50 AP 00404532 10/02/2019 D & K CONCRETE COMPANY 2,137.84 0.00 2,137.84 AP 00404533 10/02/2019 DATA TICKET INC 7,163.29 0.00 7,163.29 AP 00404534 10/02/2019 DEPARTMENT OF JUSTICE 98.00 0.00 98.00 AP 00404535 10/02/2019 EBSCO INFORMATION SERVICES 31,000.00 0.00 31,000.00 AP 00404536 10/02/2019 EKAHAU INC 1,389.00 0.00 1,389.00 AP 00404537 10/02/2019 ELATTAR, RANIA 3.00 0.00 3.00 AP 00404538 10/02/2019 EMBROIDME 486.34 0.00 486.34 AP 00404539 10/02/2019 EXPRESS BRAKE SUPPLY 1,481.45 0.00 1,481.45 AP 00404540 10/02/2019 FACTORY MOTOR PARTS 0.00 1,439.81 1,439.81 AP 00404541 10/02/2019 FEDERAL EXPRESS CORP 48.17 0.00 48.17 AP 00404542 10/02/2019 FEDERAL EXPRESS CORP 18.80 0.00 18.80 AP 00404543 10/02/2019 FIRE APPARATUS SOLUTIONS 0.00 564.71 564.71 AP 00404544 10/02/2019 FIRE INNOVATIONS 0.00 4,825.12 4,825.12 AP 00404545 10/02/2019 FORD OF UPLAND INC 53.20 0.00 53.20 AP 00404546 10/02/2019 FRANKLIN TRUCK PARTS 0.00 244.05 244.05 AP 00404547 10/02/2019 FUEL SERV 3,050.53 0.00 3,050.53 AP 00404548 10/02/2019 G AND M BUSINESS INTERIORS 13,085.82 0.00 13,085.82 AP 00404549 10/02/2019 GATEWAY PET CEMETERY AND CREMATORY 590.00 0.00 590.00 AP 00404550 10/02/2019 GEORGE HILLS COMPANY 2,550.70 0.00 2,550.70 AP 00404551 10/02/2019 GOLDEN 1 CREDIT UNION 383.80 0.00 383.80 AP 00404552 10/02/2019 GOLDSMITH, VOYICE 100.00 0.00 100.00 AP 00404553 10/02/2019 GOMEZ, JOSE A. 190.00 0.00 190.00 AP 00404554 10/02/2019 GOVERNMENT TAX SEMINARS LLC 860.00 0.00 860.00 AP 00404555 10/02/2019 GRAINGER 1,540.90 567.24 2,108.14 *** AP 00404556 10/02/2019 GRAYBAR ELECTRIC CO 3,239.48 0.00 3,239.48 AP 00404557 10/02/2019 HABASITY, HANAA 500.00 0.00 500.00 AP 00404558 10/02/2019 HANGTIME SPORTS 264.00 0.00 264.00 AP 00404559 10/02/2019 HAULAWAY STORAGE CONTAINERS INC. 239.68 0.00 239.68 AP 00404560 10/02/2019 HERITAGE EDUCATION GROUP 90.00 0.00 90.00 AP 00404561 10/02/2019 HI WAY SAFETY INC 183.18 0.00 183.18 AP 00404562 10/02/2019 HILLS PET NUTRITION SALES INC 2,395.13 0.00 2,395.13 AP 00404563 10/02/2019 HINDERLITER DE LLAMAS AND ASSOCIATES 13,662.56 0.00 13,662.56 AP 00404564 10/02/2019 HUMANE SOCIETY OF SAN BERNARDINO VALLEY INC. 100.00 0.00 100.00 AP 00404565 10/02/2019 IATSE NATIONAL BENEFITS FUNDS 312.00 0.00 312.00 AP 00404566 10/02/2019 INLAND EMPIRE MEDIA GROUP INC 495.00 0.00 495.00 User: VLOPEZ - VERONICA LOPEZ Page: 9 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:33:42 Page 33 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00404567 10/02/2019 INLAND EMPIRE PROPERTY SERVICES INC 0.00 875.00 875.00 AP 00404568 10/02/2019 INYO NETWORKS 13,126.27 0.00 13,126.27 AP 00404569 10/02/2019 IRON MOUNTAIN OSDP 874.49 0.00 874.49 AP 00404570 10/02/2019 JEAN VALENZUELA, GLORIA 409.00 0.00 409.00 AP 00404571 10/02/2019 JOHNNY ALLEN TENNIS ACADEMY 2,434.80 0.00 2,434.80 AP 00404572 10/02/2019 JOHNSON EQUIPMENT COMPANY 0.00 486.45 486.45 AP 00404573 10/02/2019 K -K WOODWORKING 75.35 0.00 75.35 AP 00404574 10/02/2019 KAISER FOUNDATION HEALTH PLAN INC 234,237.62 0.00 234,237.62 AP 00404575 10/02/2019 KWAPINSKI, SASHA 214.54 0.00 214.54 AP 00404576 10/02/2019 LEETS, JOYCE 62.25 0.00 62.25 AP 00404577 10/02/2019 LEINNINGER, MELISSA 100.00 0.00 100.00 AP 00404578 10/02/2019 LEOS PARTY RENTALS 439.84 0.00 439.84 AP 00404579 10/02/2019 LOGMEIN USA INC 3,540.00 0.00 3,540.00 AP 00404580 10/02/2019 LOS ANGELES TRUCK CENTERS LLC 72.20 0.00 72.20 AP 00404581 10/02/2019 LOZANO SMITH LLP 19,007.01 0.00 19,007.01 AP 00404583 10/02/2019 MARIPOSA LANDSCAPES INC 175,549.60 2,513.16 178,062.76 *** AP 00404584 10/02/2019 MARQUEZ, BEATRICE 250.00 0.00 250.00 AP 00404585 10/02/2019 MCI 34.52 0.00 34.52 AP 00404586 10/02/2019 MCMASTER CARR SUPPLY COMPANY 0.00 151.67 151.67 AP 00404587 10/02/2019 MEDIWASTE DISPOSAL LLC 65.00 0.00 65.00 AP 00404588 10/02/2019 MEGATRAININC 1,575.00 0.00 1,575.00 AP 00404589 10/02/2019 MG PETROLEUM INC 1,696.00 0.00 1,696.00 AP 00404590 10/02/2019 MIDWEST TAPE 366.24 0.00 366.24 AP 00404591 10/02/2019 MOE, JOHN 175.00 0.00 175.00 AP 00404592 10/02/2019 MORRIS, RICHARD 108.00 0.00 108.00 AP 00404593 10/02/2019 NAPA AUTO PARTS 0.00 353.64 353.64 AP 00404594 10/02/2019 NEWCO DISTRIBUTORS INC 2,265.54 0.00 2,265.54 AP 00404595 10/02/2019 NGAI, BALDWIN 180.68 0.00 180.68 AP 00404596 10/02/2019 OPARC 352.00 0.00 352.00 AP 00404597 10/02/2019 ORKIN PEST CONTROL 350.00 0.00 350.00 AP 00404598 10/02/2019 PACIFIC PARKING SYSTEMS INC 59.26 0.00 59.26 AP 00404599 10/02/2019 PARS 3,500.00 0.00 3,500.00 AP 00404600 10/02/2019 POLK, DARRYL 1,705.35 0.00 1,705.35 AP 00404601 10/02/2019 POWER PLAY YOUTH ACADEMY 1,000.00 0.00 1,000.00 AP 00404602 10/02/2019 POWERWERX INC 0.00 770.87 770.87 AP 00404603 10/02/2019 PRECISION GYMNASTICS 1,827.00 0.00 1,827.00 AP 00404604 10/02/2019 RICHARD WIGHTMAN CONSTRUCTION INC 3,250.00 0.00 3,250.00 AP 00404605 10/02/2019 RICHARD WIGHTMAN CONSTRUCTION INC 3,167.50 0.00 3,167.50 AP 00404606 10/02/2019 RICHARD WIGHTMAN CONSTRUCTION INC 3,167.50 0.00 3,167.50 AP 00404607 10/02/2019 RICHARD WIGHTMAN CONSTRUCTION INC 2,715.00 0.00 2,715.00 AP 00404608 10/02/2019 RICHARDS WATSON AND GERSHON 26,925.95 3,709.00 30,634.95 *** AP 00404609 10/02/2019 ROADRUNNER PHARMACY 512.47 0.00 512.47 AP 00404610 10/02/2019 RUTZ, LISA 15.00 0.00 15.00 AP 00404611 10/02/2019 S C C E ELECTRICAL SERVICES 4,491.00 0.00 4,491.00 AP 00404612 10/02/2019 S C C E ELECTRICAL SERVICES 5,239.50 0.00 5,239.50 AP 00404613 10/02/2019 S C C E ELECTRICAL SERVICES 5,239.50 0.00 5,239.50 AP 00404614 10/02/2019 SAFE -ENTRY TECHNICAL INC 0.00 1,823.88 1,823.88 User: VLOPEZ - VERONICA LOPEZ Page: 10 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:33:42 Page 34 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00404615 10/02/2019 SAN ANTONIO REGIONAL HOSPITAL 0.00 1,847.00 1,847.00 AP 00404616 10/02/2019 SAN BERNARDINO CTY 0.00 13,266.27 13,266.27 AP 00404617 10/02/2019 SAN BERNARDINO CTY AUDITOR CONTROLLER 2,071.34 0.00 2,071.34 AP 00404618 10/02/2019 SASSOON, LORI 1,544.80 0.00 1,544.80 AP 00404619 10/02/2019 SC FUELS 0.00 15,035.82 15,035.82 AP 00404620 10/02/2019 SHRED PROS 68.00 0.00 68.00 AP 00404621 10/02/2019 SMK MERCHANDISING 2,455.50 0.00 2,455.50 AP 00404623 10/02/2019 SOMMER, BRIAN 13.42 0.00 13.42 AP 00404624 10/02/2019 SOUTHCOAST ANESTHESIA LLC 1,383.12 0.00 1,383.12 AP 00404630 10/02/2019 SOUTHERN CALIFORNIA EDISON 12,390.57 2,914.12 15,304.69 *** AP 00404631 10/02/2019 SOUTHERN CALIFORNIA EDISON 54,937.35 0.00 54,937.35 AP 00404632 10/02/2019 SOUTHERN CALIFORNIA EDISON 207.61 0.00 207.61 AP 00404633 10/02/2019 SOUTHERN CALIFORNIA EDISON 2,838.81 0.00 2,838.81 AP 00404634 10/02/2019 STANDARD INSURANCE COMPANY 11,907.77 0.00 11,907.77 AP 00404635 10/02/2019 STANDARD INSURANCE COMPANY 3,491.94 0.00 3,491.94 AP 00404636 10/02/2019 STETLER, EVELYN 525.94 0.00 525.94 AP 00404637 10/02/2019 STOTZ EQUIPMENT 797.94 0.00 797.94 AP 00404638 10/02/2019 THE COUNSELING TEAM INTERNATIONAL 0.00 300.00 300.00 AP 00404639 10/02/2019 THOMAS, CARI 1,000.00 0.00 1,000.00 AP 00404640 10/02/2019 TORRES, AUSTIN 15.00 0.00 15.00 AP 00404641 10/02/2019 TRANSWEST TRUCK CENTER 0.00 777.76 777.76 AP 00404642 10/02/2019 TYA USA 700.00 0.00 700.00 AP 00404643 10/02/2019 U S LEGAL SUPPORT INC 176.73 0.00 176.73 AP 00404644 10/02/2019 U.S. BANK PARS ACCT #6746022500 1,380.67 0.00 1,380.67 AP 00404645 10/02/2019 U.S. BANK PARS ACCT #6746022500 20,702.59 0.00 20,702.59 AP 00404646 10/02/2019 UNITED PACIFIC SERVICES INC 5,077.00 0.00 5,077.00 AP 00404647 10/02/2019 UNITED SCENIC ARTISTS PENSION & WELFARE FUNDS 234.00 0.00 234.00 AP 00404648 10/02/2019 UNIVERSAL FLEET SUPPLY 0.00 995.11 995.11 AP 00404649 10/02/2019 UNIVERSAL MARTIAL ARTS CENTERS 742.00 0.00 742.00 AP 00404650 10/02/2019 UPS 110.19 0.00 110.19 AP 00404651 10/02/2019 VEND U COMPANY 945.46 0.00 945.46 AP 00404652 10/02/2019 VERIZON WIRELESS - LA 421.11 0.00 421.11 AP 00404653 10/02/2019 VICTOR MEDICAL COMPANY 9,172.48 0.00 9,172.48 AP 00404654 10/02/2019 VULCAN MATERIALS COMPANY 7,413.76 0.00 7,413.76 AP 00404655 10/02/2019 WALTERS WHOLESALE ELECTRIC CO 212.68 0.00 212.68 AP 00404656 10/02/2019 WAXIE SANITARY SUPPLY 3,884.19 0.00 3,884.19 AP 00404657 10/02/2019 WESTERN UNIVERSITY OF VET MEDICINE 1,260.00 0.00 1,260.00 AP 00404658 10/02/2019 WESTRUX INTERNATIONAL INC 50.63 344.51 395.14 *** AP 00404659 10/02/2019 WOLFBROWN 2,000.00 0.00 2,000.00 AP 00404660 10/02/2019 YERO, ART 36.56 0.00 36.56 AP 00404661 10/02/2019 ZOETIS US LLC 4,998.44 0.00 4,998.44 AP 00404662 10/03/2019 YOWELL, TIMOTHY A 0.00 1,072.30 1,072.30 AP 00404663 10/09/2019 49ER COMMUNICATIONS 0.00 300.14 300.14 AP 00404664 10/09/2019 A NOISE WITHIN 250.00 0.00 250.00 AP 00404665 10/09/2019 A'JONTUE, ROSE ANN 559.20 0.00 559.20 AP 00404666 10/09/2019 ADAPT CONSULTING INC 1,981.18 286.99 2,268.17 *** AP 00404667 10/09/2019 AFLAC GROUP INSURANCE 24.58 0.00 24.58 User: VLOPEZ - VERONICA LOPEZ Page: 11 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:33:42 Page 35 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00404668 10/09/2019 ALL AMERICAN ASPHALT 96,968.40 0.00 96,968.40 AP 00404669 10/09/2019 ALL RIGHT PROCEED LLC 5,580.00 0.00 5,580.00 AP 00404670 10/09/2019 ALLIANCE HEATING & AIR INC 182.25 0.00 182.25 AP 00404671 10/09/2019 ALPHAGRAPHICS 251.55 0.00 251.55 AP 00404672 10/09/2019 AMPHION 542.06 0.00 542.06 AP 00404673 10/09/2019 BAKER & TAYLOR LLC 459.07 0.00 459.07 AP 00404674 10/09/2019 BAKER, CLIFF 200.00 0.00 200.00 AP 00404675 10/09/2019 BALOGH, JULIANNA 180.00 0.00 180.00 AP 00404676 10/09/2019 BENNETT, JEFFREY 1,252.45 0.00 1,252.45 AP 00404677 10/09/2019 BNSF RAILWAY COMPANY 800.00 0.00 800.00 AP 00404678 10/09/2019 BOOKE, CHRISTOPHER 1,038.00 0.00 1,038.00 AP 00404679 10/09/2019 BOOT BARN INC. 1,688.88 0.00 1,688.88 AP 00404680 10/09/2019 BOSTON COURT PERFORMING ARTS CENTER 140.00 0.00 140.00 AP 00404681 10/09/2019 BOUND TREE MEDICAL LLC 0.00 7,820.41 7,820.41 AP 00404682 10/09/2019 BUREAU VERITAS NORTH AMERICA INC 2,173.31 0.00 2,173.31 AP 00404683 10/09/2019 C V W D 302.50 343.98 646.48 *** AP 00404686 10/09/2019 C V W D 57,173.78 593.64 57,767.42 *** AP 00404687 10/09/2019 CAGLES APPLIANCE 0.00 129.30 129.30 AP 00404688 10/09/2019 CAL PERS LONG-TERM CARE PROGRAM 152.48 0.00 152.48 AP 00404689 10/09/2019 CALIFORNIA ASSOCIATION OF PUBLIC INFO OFFICIALS 20.00 0.00 20.00 AP 00404690 10/09/2019 CALIFORNIA, STATE OF 314.11 0.00 314.11 AP 00404691 10/09/2019 CALIFORNIA, STATE OF 8.44 0.00 8.44 AP 00404692 10/09/2019 CALIFORNIA, STATE OF 7.22 0.00 7.22 AP 00404693 10/09/2019 CASTRO, ROBERT 1,433.00 0.00 1,433.00 AP 00404694 10/09/2019 CDW GOVERNMENT INC 15,137.42 0.00 15,137.42 AP 00404695 10/09/2019 CINTAS CORPORATION #150 0.00 353.67 353.67 AP 00404696 10/09/2019 CONSOLIDATED ELECTRICAL DISTR INC 1,448.54 0.00 1,448.54 AP 00404697 10/09/2019 COVARRUBRAS, CHRISTINA 500.00 0.00 500.00 AP 00404698 10/09/2019 DANIELS TIRE SERVICE 0.00 3,103.87 3,103.87 AP 00404699 10/09/2019 DATA TICKET INC 6,298.09 0.00 6,298.09 AP 00404700 10/09/2019 DELTA DENTAL INSURANCE COMPANY 1,252.12 0.00 1,252.12 AP 00404701 10/09/2019 DELTA DENTAL INSURANCE COMPANY 40,636.51 0.00 40,636.51 AP 00404702 10/09/2019 DEMCOINC 113.65 0.00 113.65 AP 00404703 10/09/2019 DEPARTMENT OF INDUSTRIAL RELATIONS 225.00 0.00 225.00 AP 00404704 10/09/2019 DICKINSON JANITORIAL SUPPLY 112.62 0.00 112.62 AP 00404705 10/09/2019 DIG SAFE BOARD 171.07 0.00 171.07 AP 00404706 10/09/2019 ECORP CONSULTING INC 1,410.00 0.00 1,410.00 AP 00404707 10/09/2019 EIGHTH AVENUE ENTERPRISE LLC 296.31 0.00 296.31 AP 00404708 10/09/2019 ELECNOR BELCO ELECTRIC INC 43,087.25 0.00 43,087.25 AP 00404709 10/09/2019 EXECUTIVE AUTO DETAIL 0.00 240.00 240.00 AP 00404710 10/09/2019 FACTORY MOTOR PARTS 0.00 1,580.55 1,580.55 AP 00404711 10/09/2019 FEDERAL EXPRESS CORP 21.05 0.00 21.05 AP 00404712 10/09/2019 FEDERAL EXPRESS CORP 17.72 0.00 17.72 AP 00404713 10/09/2019 FEHR AND PEERS 3,332.50 0.00 3,332.50 AP 00404714 10/09/2019 FELICIANO, GASPAR ANTHONY 162.00 0.00 162.00 AP 00404715 10/09/2019 FLANAGAN, BOSCO 868.00 0.00 868.00 AP 00404716 10/09/2019 FORD OF UPLAND INC 2,110.63 0.00 2,110.63 User: VLOPEZ - VERONICA LOPEZ Page: 12 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:33:42 Page 36 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00404717 10/09/2019 FORTIN LAW GROUP 12,298.76 0.00 12,298.76 AP 00404718 10/09/2019 FORTUNE FENCING 210.00 0.00 210.00 AP 00404719 10/09/2019 FOUR POINTS BY SHERATON 700.09 0.00 700.09 AP 00404720 10/09/2019 FRANKLIN TRUCK PARTS 0.00 441.16 441.16 AP 00404722 10/09/2019 FRONTIER COMM 2,948.73 603.95 3,552.68 *** AP 00404723 10/09/2019 FUEL SERV 214.04 0.00 214.04 AP 00404724 10/09/2019 GEOGRAPHICS 1,290.85 0.00 1,290.85 AP 00404725 10/09/2019 GLOBALSTAR USA 174.50 0.00 174.50 AP 00404726 10/09/2019 GRAINGER 0.00 21.11 21.11 AP 00404727 10/09/2019 GRAPHICS FACTORY PRINTING INC. 191.26 0.00 191.26 AP 00404728 10/09/2019 HEARTSAVERS LLC 308.00 0.00 308.00 AP 00404729 10/09/2019 HERITAGE EDUCATION GROUP 612.00 0.00 612.00 AP 00404730 10/09/2019 HONDA YAMAHA HUSQVARNA OF REDLANDS 66.82 0.00 66.82 AP 00404731 10/09/2019 HOYT LUMBER CO., SM 0.00 59.67 59.67 AP 00404732 10/09/2019 ICE DATA PRICING AND REFERENCE DATA LLC 133.85 0.00 133.85 AP 00404733 10/09/2019 INLAND EMPIRE MEDIA GROUP INC 1,995.00 0.00 1,995.00 AP 00404734 10/09/2019 INLAND LIBRARY SYSTEM 1,943.00 0.00 1,943.00 AP 00404735 10/09/2019 ISHAQ, MUHAMMAD 5,710.00 0.00 5,710.00 AP 00404736 10/09/2019 JEEP CHRYSLER OF ONTARIO INC 63.52 0.00 63.52 AP 00404737 10/09/2019 L&L ENVIRONMENTAL INC 3,600.00 0.00 3,600.00 AP 00404738 10/09/2019 LI, ELSA 65.00 0.00 65.00 AP 00404739 10/09/2019 LINDA RYAN REPORTING 610.23 0.00 610.23 AP 00404740 10/09/2019 MAGANA, DAISY 1,800.00 0.00 1,800.00 AP 00404741 10/09/2019 MARIPOSA LANDSCAPES INC 1,366.92 0.00 1,366.92 AP 00404742 10/09/2019 MARLINK SA INC 0.00 163.48 163.48 AP 00404743 10/09/2019 MARRUFO, JOANNA 28.87 0.00 28.87 AP 00404744 10/09/2019 MCELVENEY, JOHN 750.00 0.00 750.00 AP 00404745 10/09/2019 MCMASTER CARR SUPPLY COMPANY 300.14 0.00 300.14 AP 00404746 10/09/2019 MIDWEST TAPE 1,306.42 0.00 1,306.42 AP 00404747 10/09/2019 MIJAC ALARM COMPANY 0.00 384.00 384.00 AP 00404748 10/09/2019 MOUNTAIN VIEW SMALL ENG REPAIR 53.86 0.00 53.86 AP 00404749 10/09/2019 MUSIC STAR 201.60 0.00 201.60 AP 00404750 10/09/2019 NAPA AUTO PARTS 4.87 318.03 322.90 *** AP 00404751 10/09/2019 NEOPOST USA INC 540.46 0.00 540.46 AP 00404752 10/09/2019 NINYO & MOORE 12,288.00 0.00 12,288.00 AP 00404753 10/09/2019 OCLC INC 59.68 0.00 59.68 AP 00404755 10/09/2019 ONTARIO SPAY AND NEUTER INC 1,100.00 0.00 1,100.00 AP 00404756 10/09/2019 ONTRAC 89.26 0.00 89.26 AP 00404757 10/09/2019 ORKIN PEST CONTROL 238.00 0.00 238.00 AP 00404758 10/09/2019 PACHECO, ART 1,038.00 0.00 1,038.00 AP 00404759 10/09/2019 PALACIOS, JENNIFER 71.92 0.00 71.92 AP 00404760 10/09/2019 PARSAC 0.00 751.00 751.00 AP 00404761 10/09/2019 PEPE'S TOWING SERVICE 312.00 0.00 312.00 AP 00404762 10/09/2019 PETES ROAD SERVICE INC 7,541.66 0.00 7,541.66 AP 00404763 10/09/2019 PETROVICH, VICTORIA 868.00 0.00 868.00 AP 00404764 10/09/2019 PRE -PAID LEGAL SERVICES INC 60.17 0.00 60.17 AP 00404765 10/09/2019 PRO -LINE INDUSTRIAL PRODUCTS INC 949.32 0.00 949.32 User: VLOPEZ - VERONICA LOPEZ Page: 13 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:33:42 Page 37 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00404766 10/09/2019 QUALITY CODE PUBLISHING 1,045.75 0.00 1,045.75 AP 00404767 10/09/2019 R AND R AUTOMOTIVE 173.18 0.00 173.18 AP 00404768 10/09/2019 RADIUS GLOBAL SOLUTIONS 558.44 0.00 558.44 AP 00404769 10/09/2019 RANCHO SMOG CENTER 45.00 0.00 45.00 AP 00404770 10/09/2019 RED WING BUSINESS ADVANTAGE ACCOUNT 754.55 0.00 754.55 AP 00404771 10/09/2019 REYES COCA-COLA BOTTLING LLC 753.97 0.00 753.97 AP 00404772 10/09/2019 RICHARDS WATSON AND GERSHON 15,085.62 0.00 15,085.62 AP 00404773 10/09/2019 ROTO ROOTER 1,775.00 0.00 1,775.00 AP 00404774 10/09/2019 SAFE -ENTRY TECHNICAL INC 0.00 375.00 375.00 AP 00404775 10/09/2019 SAN BERNARDINO COUNTY SHERIFFS DEPT 5,797.00 0.00 5,797.00 AP 00404776 10/09/2019 SAN BERNARDINO CTY EMS NURSES NETWORK 0.00 150.00 150.00 AP 00404777 10/09/2019 SANS INSTITUTE 5,340.00 0.00 5,340.00 AP 00404778 10/09/2019 SBPEA 2,532.74 0.00 2,532.74 AP 00404779 10/09/2019 SC FUELS 49,279.30 0.00 49,279.30 AP 00404780 10/09/2019 SC FUELS 2,821.27 0.00 2,821.27 AP 00404781 10/09/2019 SCRRA 4,000.00 0.00 4,000.00 AP 00404782 10/09/2019 SENERGY SOLUTIONS 6,441.21 0.00 6,441.21 AP 00404783 10/09/2019 SHERIFFS COURT SERVICES 100.00 0.00 100.00 AP 00404784 10/09/2019 SHRED PROS 118.00 0.00 118.00 AP 00404785 10/09/2019 SIMPLYWELL 1,150.00 0.00 1,150.00 AP 00404787 10/09/2019 SOAPTRONIC LLC 0.00 408.08 408.08 AP 00404788 10/09/2019 SOCIAL VOCATIONAL SERVICES 4,032.00 0.00 4,032.00 AP 00404789 10/09/2019 SOUTH COAST AQMD 0.00 1,239.30 1,239.30 AP 00404792 10/09/2019 SOUTHERN CALIFORNIA EDISON 36,300.43 0.00 36,300.43 AP 00404793 10/09/2019 STRESS LESS EXPRESS LLC 85.00 0.00 85.00 AP 00404794 10/09/2019 SWANK MOTION PICTURES INC 1,998.00 0.00 1,998.00 AP 00404795 10/09/2019 T S R CONSTRUCTION & INSPECTION 59,022.55 0.00 59,022.55 AP 00404796 10/09/2019 TORO TOWING 200.00 0.00 200.00 AP 00404797 10/09/2019 TRENDZITIONS INC 4,437.50 0.00 4,437.50 AP 00404798 10/09/2019 TRENDZITIONS INC 4,437.50 0.00 4,437.50 AP 00404799 10/09/2019 U S LEGAL SUPPORT INC 381.14 0.00 381.14 AP 00404800 10/09/2019 UNDERGROUND SVC ALERT OF SO CAL 161.80 0.00 161.80 AP 00404801 10/09/2019 UNITED WAY 60.00 0.00 60.00 AP 00404802 10/09/2019 UPS 89.37 0.00 89.37 AP 00404803 10/09/2019 VAN DAELE DEVELOPMENT CORPORATION 19,678.23 0.00 19,678.23 AP 00404804 10/09/2019 VENEKLASEN ASSOCIATES INC 0.00 63.80 63.80 AP 00404805 10/09/2019 VERIZON 29.99 0.00 29.99 AP 00404806 10/09/2019 VERIZON WIRELESS - LA 271.19 0.00 271.19 AP 00404807 10/09/2019 VICTOR MEDICAL COMPANY 7,835.77 0.00 7,835.77 AP 00404808 10/09/2019 WASHINGTON -MILLER, TAMICA 834.00 0.00 834.00 AP 00404809 10/09/2019 WELLS, JUDITH 64.96 0.00 64.96 AP 00404810 10/09/2019 WESTLAND GROUP INC 6,759.50 0.00 6,759.50 AP 00404811 10/09/2019 WHITE HOUSE PHOTO INC 350.00 0.00 350.00 AP 00404812 10/09/2019 WORD MILL PUBLISHING 725.00 0.00 725.00 AP 00404813 10/09/2019 ZALEWSKI, JOHN 868.00 0.00 868.00 AP 00404814 10/09/2019 VENEKLASEN ASSOCIATES INC 0.00 63.80 63.80 AP 00404815 10/09/2019 VERIZON 29.99 0.00 29.99 User: VLOPEZ - VERONICA LOPEZ Page: 14 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:33:42 Page 38 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00404816 10/09/2019 VERIZON WIRELESS - LA 271.19 0.00 271.19 AP 00404817 10/09/2019 VICTOR MEDICAL COMPANY 7,835.77 0.00 7,835.77 AP 00404818 10/09/2019 WASHINGTON -MILLER, TAMICA 834.00 0.00 834.00 AP 00404819 10/09/2019 WELLS, JUDITH 64.96 0.00 64.96 AP 00404820 10/09/2019 WHITE HOUSE PHOTO INC 350.00 0.00 350.00 AP 00404821 10/09/2019 WORD MILL PUBLISHING 725.00 0.00 725.00 AP 00404822 10/09/2019 ZALEWSKI, JOHN 868.00 0.00 868.00 AP 00404823 10/10/2019 WESTLAND GROUP INC 6,759.50 0.00 6,759.50 AP 00404824 10/16/2019 A & I REPROGRAPHICS 362.15 0.00 362.15 AP 00404825 10/16/2019 ABLE BUILDING MAINTENANCE 3,116.50 0.00 3,116.50 AP 00404826 10/16/2019 ABSOLUTE SECURITY INTERNATIONAL INC 20,829.48 0.00 20,829.48 AP 00404827 10/16/2019 ADOBE ANIMAL HOSPITAL 100.00 0.00 100.00 AP 00404828 10/16/2019 ALL RIGHT PROCEED LLC 22,320.00 0.00 22,320.00 AP 00404829 10/16/2019 ALL RIGHT PROCEED LLC 775.00 0.00 775.00 AP 00404830 10/16/2019 ALPHAGRAPHICS 24.24 0.00 24.24 AP 00404831 10/16/2019 ALTA VISTA MOBILE HOME PARK 397.59 0.00 397.59 AP 00404832 10/16/2019 ALTUM GROUP, THE 257.25 0.00 257.25 AP 00404833 10/16/2019 ALVEY, SHARON 1,575.00 0.00 1,575.00 AP 00404834 10/16/2019 AMERICAN TRAINING RESOURCES INC 1,071.73 0.00 1,071.73 AP 00404835 10/16/2019 AQUABIO ENVIRONMENTAL TECHNOLOGIES INC. 2,750.00 0.00 2,750.00 AP 00404836 10/16/2019 AUFBAU CORPORATION 23,371.00 0.00 23,371.00 AP 00404837 10/16/2019 AUFBAU CORPORATION 23,477.00 0.00 23,477.00 AP 00404838 10/16/2019 AUNTIE M CREATIVE CONSULTANTS INC 1,262.50 0.00 1,262.50 AP 00404839 10/16/2019 AVANT GARDE INC 4,084.50 0.00 4,084.50 AP 00404840 10/16/2019 AVAST ENTERTAINMENT 400.00 0.00 400.00 AP 00404841 10/16/2019 AVNISH LLC 15,000.00 0.00 15,000.00 AP 00404842 10/16/2019 BARNES AND NOBLE 490.05 0.00 490.05 AP 00404843 10/16/2019 BARRAGAN, JUDY 425.00 0.00 425.00 AP 00404844 10/16/2019 BARTEL ASSOCIATES LLC 0.00 842.00 842.00 AP 00404845 10/16/2019 BEE REMOVERS 118.00 495.00 613.00 *** AP 00404846 10/16/2019 BILL & WAGS INC 285.00 0.00 285.00 AP 00404847 10/16/2019 BRIGHTVIEW LANDSCAPE SERVICES INC 109,956.72 0.00 109,956.72 AP 00404848 10/16/2019 C V W D 36.80 0.00 36.80 AP 00404849 10/16/2019 C V W D 7,309.46 27.60 7,337.06 *** AP 00404850 10/16/2019 C.P. GENERATOR INC. 172.40 0.00 172.40 AP 00404851 10/16/2019 CA LLC - DBA ALTA LAGUNA MHP 500.00 0.00 500.00 AP 00404852 10/16/2019 CALIFORNIA DPT OF TAX & FEE ADMINISTRATION 992.33 1,320.72 2,313.05 *** AP 00404853 10/16/2019 CALIFORNIA MUNICIPAL UTILITIES ASSOC 2,120.58 0.00 2,120.58 AP 00404854 10/16/2019 CARNESI LLC 15,000.00 0.00 15,000.00 AP 00404855 10/16/2019 CASA VOLANTE MOBILE HOME PARK 700.00 0.00 700.00 AP 00404856 10/16/2019 CCS ORANGE COUNTY JANITORIAL INC 0.00 1,603.90 1,603.90 AP 00404857 10/16/2019 CHAFFEY COLLEGE 100.00 0.00 100.00 AP 00404858 10/16/2019 CHAPARRAL HEIGHTS MOBILE HOME PARK 474.35 0.00 474.35 AP 00404859 10/16/2019 CHURCH HAVEN COMPANY LLC 3,065.00 0.00 3,065.00 AP 00404860 10/16/2019 CINTAS CORPORATION #150 3,552.07 360.30 3,912.37 *** AP 00404861 10/16/2019 CITIZENS BUSINESS BANK 5,103.60 0.00 5,103.60 AP 00404862 10/16/2019 CIVIC SOLUTIONS INC 41,445.00 0.00 41,445.00 User: VLOPEZ - VERONICA LOPEZ Page: 15 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:33:42 Page 39 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire AP 00404863 10/16/2019 CLASSE PARTY RENTALS 965.25 0.00 AP 00404864 10/16/2019 COAST RECREATION INC 34.24 0.00 AP 00404865 10/16/2019 COAST SIGN INC 45.90 0.00 AP 00404866 10/16/2019 CORODATA MEDIA STORAGE INC 88.61 0.00 AP 00404867 10/16/2019 COSTAR REALTY INFORMATION INC 2,181.96 0.00 AP 00404868 10/16/2019 CUB SCOUTS PACK 658 100.00 0.00 AP 00404869 10/16/2019 CUCAMONGA VALLEY MEDICAL GROUP 101.15 0.00 AP 00404870 10/16/2019 D & K CONCRETE COMPANY 449.86 0.00 AP 00404871 10/16/2019 DAISY IT 510.35 0.00 AP 00404872 10/16/2019 DEALER ALTERNATIVE SOLUTIONS 1,938.25 0.00 AP 00404873 10/16/2019 DEPARTMENT OF CONSERVATION 9,095.30 0.00 AP 00404874 10/16/2019 DIRECTV 210.69 0.00 AP 00404875 10/16/2019 DIRECTV 66.99 0.00 AP 00404876 10/16/2019 DIRECTV 168.26 0.00 AP 00404877 10/16/2019 EXCLUSIVE EMAGES 380.00 0.00 AP 00404878 10/16/2019 FEDERAL EXPRESS CORP 66.45 0.00 AP 00404879 10/16/2019 FEDERAL EXPRESS CORP 0.00 39.15 AP 00404880 10/16/2019 FEDERAL EXPRESS CORP 110.86 0.00 AP 00404881 10/16/2019 FEDERAL EXPRESS CORP 6.45 0.00 AP 00404882 10/16/2019 FLOATASIA PARADE FLOAT COMPANY 6,250.00 0.00 AP 00404883 10/16/2019 FORTUNE FENCING 600.00 0.00 AP 00404884 10/16/2019 FRONTIER COMM 311.48 226.95 AP 00404885 10/16/2019 FUEL SERV 5,895.16 711.00 AP 00404886 10/16/2019 GEOGRAPHIC TECHNOLOGIES GROUP INC 11,600.00 0.00 AP 00404887 10/16/2019 GILMAN, JIM 400.00 0.00 AP 00404888 10/16/2019 GOVERNANCE SCIENCES GROUP INC 4,900.00 0.00 AP 00404889 10/16/2019 GRAINGER 5,276.48 0.00 AP 00404890 10/16/2019 GRAPHICS FACTORY PRINTING INC. 229.24 0.00 AP 00404891 10/16/2019 GRAYBAR ELECTRIC CO 1,032.03 0.00 AP 00404892 10/16/2019 GROVES ON FOOTHILL, THE 200.00 0.00 AP 00404893 10/16/2019 HAAKER EQUIPMENT CO 470.40 0.00 AP 00404894 10/16/2019 HANGTIME SPORTS 330.00 0.00 AP 00404895 10/16/2019 HAYES, CONNIE 84.78 0.00 AP 00404896 10/16/2019 HEARTSAVERS LLC 242.00 0.00 AP 00404897 10/16/2019 HOMETOWN AMERICA RAMONA VILLA 500.00 0.00 AP 00404898 10/16/2019 HOSE HEAVEN 17.00 0.00 AP 00404899 10/16/2019 HUIPE, ARTURO 87.00 0.00 AP 00404900 10/16/2019 IDEAL GLASS TINTING 5,760.00 0.00 AP 00404901 10/16/2019 INLAND COUNTIES EMERGENCY MEDICAL AGENCY 0.00 1,500.00 AP 00404902 10/16/2019 INLAND OVERHEAD DOOR COMPANY 236.25 141.75 AP 00404903 10/16/2019 INTERNATIONAL LINE BUILDERS INC 313,008.35 0.00 AP 00404904 10/16/2019 INTERSTATE BATTERIES 102.55 0.00 AP 00404905 10/16/2019 JL GROUP LLC 3,031.10 0.00 AP 00404906 10/16/2019 JOHN L GOLDEN ELEMENTARY PTA 128.65 0.00 AP 00404907 10/16/2019 KINDRED CORPORATION 4,490.11 0.00 AP 00404908 10/16/2019 KIRKWOOD, MARGARET 90.00 0.00 AP 00404909 10/16/2019 KIZH NATION RESOURCES MANAGEMENT 0.00 1,736.50 Amount 965.25 34.24 45.90 88.61 2,181.96 100.00 101.15 449.86 510.35 1,938.25 9,095.30 210.69 66.99 168.26 380.00 66.45 39.15 110.86 6.45 6,250.00 600.00 538.43 6,606.16 11,600.00 400.00 4,900.00 5,276.48 229.24 1,032.03 200.00 470.40 330.00 *** *** 84.78 242.00 500.00 17.00 87.00 5,760.00 1,500.00 378.00 *** 313,008.35 102.55 3,031.10 128.65 4,490.11 90.00 1,736.50 User: VLOPEZ - VERONICA LOPEZ Page: 16 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:33:42 Page 40 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00404910 10/16/2019 LANCE SOLL AND LUNGHARD 20,315.00 945.00 21,260.00 *** AP 00404911 10/16/2019 LEXIPOL LLC 0.00 6,726.00 6,726.00 AP 00404912 10/16/2019 LIEBERT CASSIDY WHITMORE 35.00 0.00 35.00 AP 00404913 10/16/2019 LOS ANGELES TRUCK CENTERS LLC 88.89 0.00 88.89 AP 00404916 10/16/2019 LOWES COMPANIES INC. 6,336.74 1,119.01 7,455.75 *** AP 00404917 10/16/2019 MAGELLAN ADVISORS LLC 15,750.00 0.00 15,750.00 AP 00404918 10/16/2019 MAIN STREET SIGNS 1,707.31 0.00 1,707.31 AP 00404919 10/16/2019 MARIPOSA LANDSCAPES INC 3,120.10 0.00 3,120.10 AP 00404920 10/16/2019 MCMASTER CARR SUPPLY COMPANY 61.35 0.00 61.35 AP 00404921 10/16/2019 MIJAC ALARM COMPANY 0.00 186.00 186.00 AP 00404922 10/16/2019 MOST DEPENDABLE FOUNTAINS INC 1,585.00 0.00 1,585.00 AP 00404923 10/16/2019 MOUNTAIN VIEW SMALL ENG REPAIR 238.42 0.00 238.42 AP 00404924 10/16/2019 MUNICIPAL EQUIPMENT MAINTENANCE ASSOCIATION 275.00 0.00 275.00 AP 00404925 10/16/2019 MUTUAL PROPANE 0.00 20.00 20.00 AP 00404926 10/16/2019 MYERS TIRE SUPPLY COMPANY 120.44 0.00 120.44 AP 00404927 10/16/2019 NAPA AUTO PARTS 25.54 0.00 25.54 AP 00404928 10/16/2019 NBS 1,000.00 0.00 1,000.00 AP 00404929 10/16/2019 NICHOLS, GARY 773.50 0.00 773.50 AP 00404930 10/16/2019 NICK'S CUSTOM BOOTS LLC 0.00 212.25 212.25 AP 00404931 10/16/2019 NINYO & MOORE 7,113.50 0.00 7,113.50 AP 00404932 10/16/2019 NUNEZ, LUCY ALVAREZ- 191.96 0.00 191.96 AP 00404933 10/16/2019 NV5INC 88,758.80 0.00 88,758.80 AP 00404934 10/16/2019 OGBECHIE, CHIEDU 87.00 0.00 87.00 AP 00404935 10/16/2019 ONSITE TRUCK AND EQUIPMENT REPAIR INC 158.08 0.00 158.08 AP 00404936 10/16/2019 ONTARIO WINNELSON CO 204.73 0.00 204.73 AP 00404937 10/16/2019 ORKIN PEST CONTROL 770.30 898.10 1,668.40 *** AP 00404938 10/16/2019 PACIFIC UTILITY INSTALLATION INC 18,934.82 0.00 18,934.82 AP 00404939 10/16/2019 PETES ROAD SERVICE INC 4,337.32 0.00 4,337.32 AP 00404940 10/16/2019 PINES MOBILE HOME PARK, THE 200.00 0.00 200.00 AP 00404941 10/16/2019 PRESTWICK GROUP INC, THE 23,540.44 0.00 23,540.44 AP 00404942 10/16/2019 PRIMUS CONTRACTING GROUP 3,302.00 0.00 3,302.00 AP 00404943 10/16/2019 PRISTINE UNIFORMS LLC 0.00 483.75 483.75 AP 00404944 10/16/2019 R3 CONSULTING GROUP INC 2,492.50 0.00 2,492.50 AP 00404945 10/16/2019 RAINBOW BOLT & SUPPLY INC 3,204.48 0.00 3,204.48 AP 00404946 10/16/2019 RANCHOII 3,065.00 0.00 3,065.00 AP 00404947 10/16/2019 RANCHO CUCAMONGA TOWN SQUARE 13,083.22 0.00 13,083.22 AP 00404948 10/16/2019 RANCHO SMOG CENTER 675.00 0.00 675.00 AP 00404949 10/16/2019 RDO EQUIPMENT COMPANY 656.64 0.00 656.64 AP 00404950 10/16/2019 RICHARDS WATSON AND GERSHON 3,590.47 0.00 3,590.47 AP 00404951 10/16/2019 RODAS' AUTO REPAIR 857.53 0.00 857.53 AP 00404952 10/16/2019 ROMO PLANNING GROUP INC 10,600.00 0.00 10,600.00 AP 00404953 10/16/2019 ROTARY CORPORATION 639.26 0.00 639.26 AP 00404954 10/16/2019 ROTO ROOTER 250.00 0.00 250.00 AP 00404955 10/16/2019 SAMS CLUB/SYNCHRONY BANK 1,562.62 0.00 1,562.62 AP 00404956 10/16/2019 SAN BERNARDINO COUNTY 1,200.00 0.00 1,200.00 AP 00404957 10/16/2019 SC FUELS 3,733.60 0.00 3,733.60 AP 00404958 10/16/2019 SCOTT, MICHAEL 1,389.65 0.00 1,389.65 User: VLOPEZ - VERONICA LOPEZ Page: 17 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:33:42 Page 41 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00404959 10/16/2019 SEQUEL CONTRACTORS INC 39,720.31 0.00 39,720.31 AP 00404960 10/16/2019 SHEAKLEY PENSION ADMINISTRATION 401.60 0.00 401.60 AP 00404961 10/16/2019 SHEAKLEY PENSION ADMINISTRATION 0.00 176.90 176.90 AP 00404962 10/16/2019 SHRED PROS 58.00 55.00 113.00 *** AP 00404963 10/16/2019 SINGH, KAMALPREET 200.00 0.00 200.00 AP 00404964 10/16/2019 SMARTDEPLOY 8,800.00 0.00 8,800.00 AP 00404965 10/16/2019 SOUTH COAST AQMD 978.44 0.00 978.44 AP 00404971 10/16/2019 SOUTHERN CALIFORNIA EDISON 10,723.61 3,140.37 13,863.98 *** AP 00404972 10/16/2019 SOUTHERN CALIFORNIA EDISON 394.73 0.00 394.73 AP 00404973 10/16/2019 SOUTHERN CALIFORNIA EDISON 163,962.32 1,412.11 165,374.43 *** AP 00404974 10/16/2019 SPECIALIZED CARE FOSTER FAMILY AGENCY 250.00 0.00 250.00 AP 00404975 10/16/2019 SPORTBALL 4,435.20 0.00 4,435.20 AP 00404976 10/16/2019 STEPHENSON, KRISTEN 5,000.00 0.00 5,000.00 AP 00404977 10/16/2019 STERLING COFFEE SERVICE 1,574.36 0.00 1,574.36 AP 00404978 10/16/2019 STOTZ EQUIPMENT 1,854.32 0.00 1,854.32 AP 00404979 10/16/2019 STRESS LESS EXPRESS LLC 210.00 0.00 210.00 AP 00404980 10/16/2019 SUPERION LLC 3,666.93 0.00 3,666.93 AP 00404981 10/16/2019 SYCAMORE VILLA MOBILE HOME PARK 400.00 0.00 400.00 AP 00404982 10/16/2019 SYN -TECH SYSTEMS 44.55 0.00 44.55 AP 00404983 10/16/2019 TIREHUB LLC 1,489.34 0.00 1,489.34 AP 00404984 10/16/2019 U.S. BANK PARS ACCT #6746022500 13,838.55 0.00 13,838.55 AP 00404985 10/16/2019 U.S. BANK PARS ACCT #6746022500 1,192.60 0.00 1,192.60 AP 00404986 10/16/2019 U.S. BANK PARS ACCT #6745033700 6,605.00 0.00 6,605.00 AP 00404987 10/16/2019 ULINE 6,518.57 0.00 6,518.57 AP 00404988 10/16/2019 UNITED PACIFIC SERVICES INC 45,271.00 0.00 45,271.00 AP 00404989 10/16/2019 UPS 41.40 0.00 41.40 AP 00404990 10/16/2019 UTILIQUEST 2,288.52 0.00 2,288.52 AP 00404991 10/16/2019 UTILITY CRANE & EQUIPMENT INC 2,729.57 0.00 2,729.57 AP 00404992 10/16/2019 VALDEZ, TRINA 48.96 0.00 48.96 AP 00404993 10/16/2019 VERIZON WIRELESS - LA 80.66 0.00 80.66 AP 00404994 10/16/2019 VERIZON WIRELESS - LA 60.12 0.00 60.12 AP 00404995 10/16/2019 VERIZON WIRELESS - LA 102.52 0.00 102.52 AP 00404996 10/16/2019 VERIZON WIRELESS - LA 0.00 5,545.81 5,545.81 AP 00404997 10/16/2019 VICTOR MEDICAL COMPANY 13,405.79 0.00 13,405.79 AP 00404998 10/16/2019 VILLALOBOS, WENDY 33.00 0.00 33.00 AP 00404999 10/16/2019 VIRTUAL PROJECT MANAGER LLC 2,000.00 0.00 2,000.00 AP 00405000 10/16/2019 VORTEX INDUSTRIES INC 1,047.30 0.00 1,047.30 AP 00405001 10/16/2019 VULCAN MATERIALS COMPANY 18,878.67 0.00 18,878.67 AP 00405002 10/16/2019 WAXIE SANITARY SUPPLY 7,628.10 0.00 7,628.10 AP 00405003 10/16/2019 WESTERN UNIVERSITY OF VET MEDICINE 330.00 0.00 330.00 AP 00405004 10/16/2019 WILLHITE, LESLIE 250.00 0.00 250.00 AP 00405005 10/16/2019 XEROX FINANCIAL SERVICES 596.76 0.00 596.76 AP 00405006 10/16/2019 ZEP SALES AND SERVICE 966.54 0.00 966.54 AP 00405007 10/16/2019 ZOHO CORPORATION #4926 2,999.00 0.00 2,999.00 AP 00405008 10/23/2019 CURATALO, JAMES 0.00 1,551.56 1,551.56 AP 00405009 10/23/2019 EAGLESON, MICHAEL 0.00 1,551.56 1,551.56 AP 00405010 10/23/2019 KIRKPATRICK, WILLIAM 0.00 1,525.78 1,525.78 User: VLOPEZ - VERONICA LOPEZ Page: 18 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:33:42 Page 42 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00405011 10/23/2019 RODRIGUEZ, VICTOR 0.00 2,144.60 2,144.60 AP 00405012 10/23/2019 TOWNSEND, JAMES 0.00 2,057.83 2,057.83 AP 00405013 10/23/2019 WALKER, KENNETH 0.00 258.83 258.83 AP 00405014 10/23/2019 ACEY DECY EQUIPMENT INC. 314.18 0.00 314.18 AP 00405015 10/23/2019 ACHESON, JEREMY 30.00 0.00 30.00 AP 00405016 10/23/2019 ADAMS, QUAMI D 500.00 0.00 500.00 AP 00405017 10/23/2019 ADVANTAGE SEALING SYSTEMS INC 89.22 0.00 89.22 AP 00405018 10/23/2019 AFLAC GROUP INSURANCE 24.58 0.00 24.58 AP 00405019 10/23/2019 ALBERT A. WEBB ASSOCIATES 2,779.55 0.00 2,779.55 AP 00405020 10/23/2019 ALL AMERICAN ASPHALT 749,701.01 0.00 749,701.01 AP 00405021 10/23/2019 AROCHO, ALMA 1,450.80 0.00 1,450.80 AP 00405022 10/23/2019 ARROW TRAILER SUPPLIES INC 134.21 0.00 134.21 AP 00405023 10/23/2019 AUTO AND RV SPECIALISTS INC. 66.93 0.00 66.93 AP 00405024 10/23/2019 BAST, KAROLYN 457.80 0.00 457.80 AP 00405025 10/23/2019 BEDAZZLE MY EVENTS 0.00 520.00 520.00 AP 00405026 10/23/2019 BENTIVEGNA, CLAUDIA 60.00 0.00 60.00 AP 00405027 10/23/2019 BERNELL HYDRAULICS INC 0.00 31.84 31.84 AP 00405028 10/23/2019 BERRIES FROZEN YOGURT INC 108.90 0.00 108.90 AP 00405029 10/23/2019 BIG EVENTS INC 6,305.30 0.00 6,305.30 AP 00405030 10/23/2019 BILL & WAGS INC 0.00 506.25 506.25 AP 00405031 10/23/2019 BOOKE, CHRISTOPHER 1,106.00 0.00 1,106.00 AP 00405032 10/23/2019 BOOT BARN INC. 833.83 0.00 833.83 AP 00405033 10/23/2019 BOUND TREE MEDICAL LLC 0.00 326.84 326.84 AP 00405034 10/23/2019 BRIGHTVIEW LANDSCAPE SERVICES INC 36,376.65 0.00 36,376.65 AP 00405035 10/23/2019 BROWN, JENNIFER 37.12 0.00 37.12 AP 00405036 10/23/2019 BRUNES, JASON 20.00 0.00 20.00 AP 00405039 10/23/2019 C V W D 54,152.95 1,655.32 55,808.27 *** AP 00405040 10/23/2019 CAL PERS LONG-TERM CARE PROGRAM 152.48 0.00 152.48 AP 00405041 10/23/2019 CALIFORNIA DEPT OF TAX AND FEE ADMINISTRATION 6,972.49 0.00 6,972.49 AP 00405042 10/23/2019 CALIFORNIA, STATE OF 8.44 0.00 8.44 AP 00405043 10/23/2019 CALIFORNIA, STATE OF 314.11 0.00 314.11 AP 00405044 10/23/2019 CALIFORNIA, STATE OF 7.22 0.00 7.22 AP 00405045 10/23/2019 CAMERON -DANIEL PC 61.00 0.00 61.00 AP 00405046 10/23/2019 CASTILLO, JESSIE 200.00 0.00 200.00 AP 00405047 10/23/2019 CINTAS CORPORATION #150 0.00 315.15 315.15 AP 00405048 10/23/2019 CITIZENS BUSINESS BANK 39,457.95 0.00 39,457.95 AP 00405049 10/23/2019 CITY CLERKS ASSOCIATION OF CALIFORNIA 200.00 0.00 200.00 AP 00405050 10/23/2019 CLARK, KAREN 1,260.00 0.00 1,260.00 AP 00405051 10/23/2019 CONFIRE JPA 0.00 176,393.00 176,393.00 AP 00405052 10/23/2019 CONSOLIDATED ELECTRICAL DISTR INC 6,701.33 0.00 6,701.33 AP 00405053 10/23/2019 CORELOGIC SOLUTIONS LLC 257.50 0.00 257.50 AP 00405054 10/23/2019 COSTCO PHARMACY #0678 1,139.43 0.00 1,139.43 AP 00405055 10/23/2019 COVETRUS NORTH AMERICA 697.74 0.00 697.74 AP 00405056 10/23/2019 CUPCAKE ARCADE, THE 111.33 0.00 111.33 AP 00405057 10/23/2019 D & D SERVICES INC. 451.50 0.00 451.50 AP 00405058 10/23/2019 D & K CONCRETE COMPANY 4,222.25 0.00 4,222.25 AP 00405059 10/23/2019 DAISY IT 1,362.63 0.00 1,362.63 User: VLOPEZ - VERONICA LOPEZ Page: 19 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:33:42 Page 43 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00405060 10/23/2019 DANCE TERRIFIC 2,483.60 0.00 2,483.60 AP 00405061 10/23/2019 DANIELS, NOAH 69.72 0.00 69.72 AP 00405062 10/23/2019 DEPENDABLE COMPANY INC 135.75 0.00 135.75 AP 00405063 10/23/2019 DR HORTON WESTERN PACIFIC HOUSING INC 318.91 0.00 318.91 AP 00405064 10/23/2019 DR HORTON WESTERN PACIFIC HOUSING INC 28.78 0.00 28.78 AP 00405065 10/23/2019 DUNN, ANNE MARIE 660.00 0.00 660.00 AP 00405066 10/23/2019 EASTERLING, RAY 225.60 0.00 225.60 AP 00405067 10/23/2019 EXECUTIVE AUTO DETAIL 0.00 360.00 360.00 AP 00405068 10/23/2019 FEDERAL EXPRESS CORP 18.51 0.00 18.51 AP 00405069 10/23/2019 FEDERAL EXPRESS CORP 53.46 0.00 53.46 AP 00405070 10/23/2019 FRANKLIN TRUCK PARTS 0.00 76.80 76.80 AP 00405071 10/23/2019 FRASURE, MICHAEL 55.72 0.00 55.72 AP 00405072 10/23/2019 FRASURE, MICHAEL 2,300.00 0.00 2,300.00 AP 00405073 10/23/2019 G AND M BUSINESS INTERIORS 40.98 0.00 40.98 AP 00405074 10/23/2019 GATEWAY PET CEMETERY AND CREMATORY 160.00 0.00 160.00 AP 00405075 10/23/2019 GIORDANO, MARIANNA 190.80 0.00 190.80 AP 00405076 10/23/2019 GOLDEN VANTAGE LLC 3,228.03 0.00 3,228.03 AP 00405077 10/23/2019 GRAFIX SYSTEMS 0.00 554.30 554.30 AP 00405078 10/23/2019 GRAINGER 138.72 143.40 282.12 *** AP 00405079 10/23/2019 GRAPHICS FACTORY PRINTING INC. 26.94 0.00 26.94 AP 00405080 10/23/2019 HAMILTON, MONIQUE 1,680.00 0.00 1,680.00 AP 00405081 10/23/2019 HAMPTON YOGA 990.00 0.00 990.00 AP 00405082 10/23/2019 HANGTIME SPORTS 330.00 0.00 330.00 AP 00405083 10/23/2019 HERITAGE EDUCATION GROUP 246.00 0.00 246.00 AP 00405084 10/23/2019 HI WAY SAFETY INC 177.93 0.00 177.93 AP 00405085 10/23/2019 HILLS PET NUTRITION SALES INC 1,561.11 0.00 1,561.11 AP 00405086 10/23/2019 HMC ARCHITECTS 0.00 14,583.90 14,583.90 AP 00405087 10/23/2019 HUBBERT, JAMES LIDELL 84.00 0.00 84.00 AP 00405088 10/23/2019 IDEXX DISTRIBUTION INC 10,464.94 0.00 10,464.94 AP 00405089 10/23/2019 INLAND PRESORT & MAILING SERVICES 198.39 0.00 198.39 AP 00405090 10/23/2019 INLAND VALLEY EMERGENCY PET CLINIC 5,275.50 0.00 5,275.50 AP 00405091 10/23/2019 INTERSTATE BATTERIES 0.00 1,212.19 1,212.19 AP 00405092 10/23/2019 INTERVET INC 5,134.50 0.00 5,134.50 AP 00405093 10/23/2019 IRON MOUNTAIN OSDP 965.39 0.00 965.39 AP 00405094 10/23/2019 ITERIS INC 8,280.50 0.00 8,280.50 AP 00405095 10/23/2019 JOHNNY ALLEN TENNIS ACADEMY 2,379.00 0.00 2,379.00 AP 00405096 10/23/2019 JONES TRUSTEE, WILLIAM A 4,500.00 0.00 4,500.00 AP 00405097 10/23/2019 K -K WOODWORKING 0.00 1,145.84 1,145.84 AP 00405098 10/23/2019 LAMASAT, NANY 232.00 0.00 232.00 AP 00405099 10/23/2019 LATREACE, RAINEY 368.00 0.00 368.00 AP 00405100 10/23/2019 LEVEL 3 COMMUNICATIONS LLC 5,432.69 0.00 5,432.69 AP 00405103 10/23/2019 LOWES COMPANIES INC. 6,421.52 1,119.01 7,540.53 *** AP 00405104 10/23/2019 MAHONEY, DONALD 560.54 0.00 560.54 AP 00405105 10/23/2019 MCMASTER CARR SUPPLY COMPANY 0.00 1,899.65 1,899.65 AP 00405106 10/23/2019 MIDWEST TAPE 401.94 0.00 401.94 AP 00405107 10/23/2019 MILLER, ANDY 195.47 0.00 195.47 AP 00405108 10/23/2019 MILLER, RICHARD ELBERT 1,534.00 0.00 1,534.00 User: VLOPEZ - VERONICA LOPEZ Page: 20 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:33:42 Page 44 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00405109 10/23/2019 MISSION REPROGRAPHICS 0.00 1,039.14 1,039.14 AP 00405110 10/23/2019 MORRIS, RICHARD 144.00 0.00 144.00 AP 00405111 10/23/2019 MUSIC THEATRE INTERNATIONAL 17,105.00 0.00 17,105.00 AP 00405112 10/23/2019 MUSICLAND 560.00 0.00 560.00 AP 00405113 10/23/2019 NAPA AUTO PARTS 0.00 221.24 221.24 AP 00405114 10/23/2019 NICHOLSON, LEANNE 800.00 0.00 800.00 AP 00405115 10/23/2019 ONTRAC 34.58 0.00 34.58 AP 00405116 10/23/2019 ORKIN PEST CONTROL 52.00 0.00 52.00 AP 00405117 10/23/2019 ORONA, PATRICIA 210.00 0.00 210.00 AP 00405118 10/23/2019 OTT, LAURA 900.00 0.00 900.00 AP 00405119 10/23/2019 OTT, SHARON 414.00 0.00 414.00 AP 00405120 10/23/2019 PACHECO, ART 1,106.00 0.00 1,106.00 AP 00405121 10/23/2019 PIC-O-RAMA 350.00 0.00 350.00 AP 00405122 10/23/2019 PRE -PAID LEGAL SERVICES INC 60.17 0.00 60.17 AP 00405123 10/23/2019 PRO SALES GROUP INC 1,873.40 0.00 1,873.40 AP 00405124 10/23/2019 QUAN, JENNIFER 151.05 0.00 151.05 AP 00405125 10/23/2019 RADIUS GLOBAL SOLUTIONS 558.44 0.00 558.44 AP 00405126 10/23/2019 RAUL'S AUTO TRIM INC 0.00 246.94 246.94 AP 00405127 10/23/2019 RIGLEMAN, ENCARNACION ONTIVEROS 160.00 0.00 160.00 AP 00405128 10/23/2019 ROADRUNNER PHARMACY 1,210.92 0.00 1,210.92 AP 00405129 10/23/2019 RODAS' AUTO REPAIR 1,756.16 0.00 1,756.16 AP 00405130 10/23/2019 ROHR STEEL INC 1,258.52 0.00 1,258.52 AP 00405131 10/23/2019 ROMO PLANNING GROUP INC 4,840.00 0.00 4,840.00 AP 00405132 10/23/2019 ROTO ROOTER 175.00 0.00 175.00 AP 00405133 10/23/2019 S.CALIF MUNICIPAL ATHLETIC FEDERATION 180.00 0.00 180.00 AP 00405134 10/23/2019 SAFE -ENTRY TECHNICAL INC 0.00 606.85 606.85 AP 00405135 10/23/2019 SAN BERNARDINO CO FIRE DEPT 60,257.07 0.00 60,257.07 AP 00405136 10/23/2019 SAN BERNARDINO COUNTY REGISTRAR OF VOTERS 52.88 0.00 52.88 AP 00405137 10/23/2019 SAN BERNARDINO CTY 18,501.39 13,321.83 31,823.22 *** AP 00405138 10/23/2019 SBPEA 2,532.74 0.00 2,532.74 AP 00405139 10/23/2019 SHERIFFS COURT SERVICES 100.00 0.00 100.00 AP 00405144 10/23/2019 SOUTHERN CALIFORNIA EDISON 24,956.47 2,586.44 27,542.91 *** AP 00405145 10/23/2019 SOUTHERN CALIFORNIA EDISON 517.20 0.00 517.20 AP 00405146 10/23/2019 SPORTBALL 4,480.80 0.00 4,480.80 AP 00405147 10/23/2019 STATE FIRE TRAINING 0.00 65.00 65.00 AP 00405148 10/23/2019 STATE FIRE TRAINING 0.00 65.00 65.00 AP 00405149 10/23/2019 STATE FIRE TRAINING 0.00 65.00 65.00 AP 00405150 10/23/2019 STATE FIRE TRAINING 0.00 65.00 65.00 AP 00405151 10/23/2019 STEPPIN OUT BALLROOM 932.40 0.00 932.40 AP 00405152 10/23/2019 TETRA TECH INC 21,121.96 0.00 21,121.96 AP 00405153 10/23/2019 THE COUNSELING TEAM INTERNATIONAL 0.00 1,125.00 1,125.00 AP 00405154 10/23/2019 TRACEY, VAL 235.20 0.00 235.20 AP 00405155 10/23/2019 TRAVELERS HAVEN LLC 6.30 0.00 6.30 AP 00405156 10/23/2019 TROESH, JOSHUA 18.00 0.00 18.00 AP 00405157 10/23/2019 TUNURI, LIZA 19.84 0.00 19.84 AP 00405158 10/23/2019 TYUS, IDA 660.00 0.00 660.00 AP 00405159 10/23/2019 UC REGENTS 91.00 0.00 91.00 User: VLOPEZ - VERONICA LOPEZ Page: 21 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:33:42 Page 45 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00405160 10/23/2019 UNITED PACIFIC SERVICES INC 71,636.00 0.00 71,636.00 AP 00405161 10/23/2019 UNITED WAY 60.00 0.00 60.00 AP 00405162 10/23/2019 UNIVERSAL FLEET SUPPLY 0.00 193.62 193.62 AP 00405163 10/23/2019 UNIVERSAL MARTIAL ARTS CENTERS 91.00 0.00 91.00 AP 00405164 10/23/2019 UPLAND AUTO TRIM 375.00 0.00 375.00 AP 00405165 10/23/2019 VALENZUELA, JOHN 0.00 400.00 400.00 AP 00405166 10/23/2019 VALLEY POWER SYSTEMS INC 0.00 23.61 23.61 AP 00405167 10/23/2019 VAN SCOYOC ASSOCIATES INC 4,000.00 0.00 4,000.00 AP 00405168 10/23/2019 VARGAS AND RAMIREZ SPORTS 2,107.37 0.00 2,107.37 AP 00405169 10/23/2019 VASQUEZ, JUSTIN 15.00 0.00 15.00 AP 00405174 10/23/2019 VERIZON WIRELESS - LA 6,124.85 0.00 6,124.85 AP 00405175 10/23/2019 VERIZON WIRELESS - LA 4,465.45 0.00 4,465.45 AP 00405176 10/23/2019 VICTOR MEDICAL COMPANY 6,395.45 0.00 6,395.45 AP 00405177 10/23/2019 VISION SERVICE PLAN CA 10,027.36 0.00 10,027.36 AP 00405178 10/23/2019 VOHNE LICHE KENNELS INC 125.00 0.00 125.00 AP 00405179 10/23/2019 VULCAN MATERIALS COMPANY 2,619.22 0.00 2,619.22 AP 00405180 10/23/2019 WATTS, JASON 0.00 2,300.00 2,300.00 AP 00405181 10/23/2019 WAXIE SANITARY SUPPLY 1,920.58 1,740.82 3,661.40 *** AP 00405182 10/23/2019 WEST END YMCA/ RANCHO CUCAMONGA 9,909.22 0.00 9,909.22 AP 00405183 10/23/2019 WEST END YMCA/ RANCHO CUCAMONGA 13,220.63 0.00 13,220.63 AP 00405184 10/23/2019 WEST END YMCA/ RANCHO CUCAMONGA 10,595.45 0.00 10,595.45 AP 00405185 10/23/2019 WESTLAND GROUP INC 10,203.50 0.00 10,203.50 AP 00405186 10/23/2019 WESTRUX INTERNATIONAL INC 0.00 832.13 832.13 AP 00405187 10/23/2019 WHITE CAP CONSTRUCTION SUPPLY 2,696.12 0.00 2,696.12 AP 00405188 10/23/2019 YORK INDUSTRIES 945.96 0.00 945.96 AP 00405189 10/23/2019 ZOETIS US LLC 1,467.72 0.00 1,467.72 Total City: $9,913,640.61 Total Fire: $506,510.44 Grand Total: . Note: *** Check Number includes both City and Fire District expenditures User: VLOPEZ - VERONICA LOPEZ Page: 22 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:33:42 Page 46 DATE: November 6, 2019 TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Tamara Layne, Finance Director SUBJECT: CONSIDERATION TO APPROVE WEEKLY CHECK REGISTERS FOR CHECKS ISSUED TO SOUTHERN CALIFORNIA GAS COMPANY IN THE AMOUNT OF $722.78 DATED SEPTEMBER 24,2019 THROUGH OCTOBER 28,2019. RECOMMENDATION: Staff recommends Fire Board approve payment of demands as presented. BACKGROUND: N/A ANALYSIS: N/A FISCAL IMPACT: Adequate budgeted funds are available for the payment of demands per the attached listing. COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Attachment 1 Check Register Page 47 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT So Calif Gas Company Only. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00404436 09/25/2019 SO CALIF GAS COMPANY 0.00 65.85 65.85 AP 00404437 09/25/2019 SO CALIF GAS COMPANY 1,160.46 0.00 1,160.46 AP 00404622 10/02/2019 SO CALIF GAS COMPANY 5,363.97 415.59 5,779.56 *** AP 00404786 10/09/2019 SO CALIF GAS COMPANY 1,408.45 0.00 1,408.45 AP 00405140 10/23/2019 SO CALIF GAS COMPANY 0.00 241.34 241.34 Total City: $7,932.88 Total Fire: $722.78 Grand Total:$8,655—.6-6 Nnfn- *** Check Number includes both City and Fire District expenditures User: VLOPEZ - VERONICA LOPEZ Page: 1 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:35:15 Page 48 DATE: November 6, 2019 TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Ruth Cain, CPPB, Procurement Manager Cheryl Combs, Procurement Technician SUBJECT: CONSIDERATION TO DECLARE SURPLUS FOR RETIRED COMPUTERS, VEHICLES, LARGE EQUIPMENT, AND OTHER RELATED ITEMS. RECOMMENDATION: It is recommended that the Fire District Board of Directors approve to declare the listed computer equipment, vehicles, large equipment, and other miscellaneous items that have been deemed no longer needed, obsolete or unusable as surplus. BACKGROUND: The Fire District Board of Directors has provided authorization to the Procurement Manager to dispose of Fire District owned items that have been deemed as obsolete and unsuitable for Fire District use. Methods for disposing of surplus is to exchange for or trade in new supplies, transfer to another department or offer for sale on a competitive bid basis. After a reasonable effort, and if no bids have been received, dispose of for the highest scrap value. The City may, on behalf of the Fire District, sell surplus property to any other governmental agency at a fair market value without any other bids or donate surplus property to any agency or entity which is exempt from federal income tax, with the approval of the Fire District Board of Directors. ANALYSIS: Fire District items to be considered for surplus at this time are computer equipment, including monitors, hardware, printers and server equipment. The DoIT Department has collected these items from various user departments. They have been deemed no longer needed, obsolete or unusable. If the Fire District Board of Directors agrees, these items will be disposed of through auction or best method as determined by the procurement Manager. FISCAL IMPACT: In FY 18/19 the total surplus amount sold was $71,806. To date, in FY 19/20, surplus has accumulated $12,286 in sales through the Public Surplus auction site. COUNCIL GOAL(S) ADDRESSED: Reusing and recycling items supports the Fire District Board of Directors' goals for mid-range and long- term planning by providing revenue back into the Fire District's general fund. Page 49 ATTACHMENTS: Description Surplus 11-6-2019 Page 50 F/A No. Description Make/Model Serial No. COMPUTER EQUIPMENT N/A 1 Contex SD4450 Printer MD52D21031T N/A Xerox Copier WC5775 XEL569728 N/A Xerox Copier D110 BG0962790 N/A Xerox Copier WC5775 XEL569698 N/A Xerox Copier WC5775 XEL569718 N/A HP Plotter Q6684A MY8BB6C005 N/A Trimble BACKPACK 33302-53 224099016 N/A Trimble BACKPACK 29654-11 220139016 N/A Trimble LARGE HANDHELD 2967350 220138705 N/A Trimble ANTENNA 33580-50 220390960 N/A Trimble ANTENNA 29653-00 220138595 N/A Trimble LARGE HANDHELD ST1-MY5GMDB SSC22AO960 N/A Trimble HANDHELD 66411-00 41000112101389 N/A Trimble HANDHELD 66411-00 41000112100268 N/A Trimble HANDHELD 66411-00 41000112100267 N/A Trimble HANDHELD 66411-00 41000111600677 N/A Trimble DOCKING STA./CHARGER 66411-00 RB212SO590 N/A Trimble DOCKING STA/CHARGER 66411-00 RB212SO133 N/A Trimble RUGGED TABLET 66411-00 RB215VO236 N/A Trimble RUGGED TABLET 66411-00 RA915UO367 N/A Trimble LARGE HANDHELD 8818004 5351437874 N/A Trimble LARGE HANDHELD 8818004 5348437134 N/A Trimble ANTENNA 5797000 50001033314 N/A Trimble ANTENNA 5797000 5000103321 5265 HP Computer Pro 6300 MXL330083K 5272 HP Computer Pro 6300 MXL330082K 5186 HP Computer Pro 6300 MXL33008DL 6154 HP Computer Pro 6300 MXL6503JNP 5181 HP Computer Pro 6300 MXL33008DB 5278 HP Computer Pro 6300 MXL33007XB 5183 HP Computer Pro 6300 MXL33008DH 5348 HP Computer Pro 6300 MXL330089Y 5203 HP Computer Pro 6300 MXL3300843 5261 HP Computer Pro 6300 MXL33008BH 5050 HP Computer Pro 6300 MXL33007X6 5182 HP Computer Pro 6300 MXL33008DK Page 51 4880 HP Computer Pro 6300 MXL3300869 4776 HP Computer Pro 6300 MXL330082R 5463 HP Computer Pro 6300 MXL41500Y7 4861 HP Computer Pro 6300 MXL330085Y 4883 HP Computer Pro 6300 MXL3300893 4815 HP Computer Pro 6300 MXL33007XQ 4910 HP Computer Pro 6300 MXL330089S 4797 HP Computer Pro 6300 MXL330082Z 4794 HP Computer Pro 6300 MXL330082T 4798 HP Computer Pro 6300 MXL330082W 4814 HP Computer Pro 6300 MXL3300848 5260 HP Computer Pro 6300 MXL330085F 5197 HP Computer Pro 6300 MXL33008DD 5177 HP Computer Pro 6300 MXL33008DP 5467 HP Computer Pro 6300 MXL41500Y9 4799 HP Computer Pro 6300 MXL330081Z 4795 HP Computer Pro 6300 MXL330081W 4792 HP Computer Pro 6300 MXL3300837 4787 HP Computer Pro 6300 MXL33007YP 4835 HP Computer Pro 6300 MXL330081C 4785 HP Computer Pro 6300 MXL33007YR 5062 HP Computer Pro 6300 MXL330084Z 4790 HP Computer Pro 6300 MXL330081Y 4808 HP Computer Pro 6300 MXL33007YY 5211 HP Computer Pro 6300 MXL3292S5N N/A Xerox Copier WC3550X VMA574467 4573 Xerox Copier WC7775 RFX356154 N/A Dell Printer 2665 51 M5T12 N/A Misc. Cables/Wires N/A N/A Xerox Copier D110 BG0962790 1069 Lenovo Monitor 9419-HC2 VLDM327 5757 Dell PC D19M 6MLW482 5167 HP PC E5N40US MXL330072D 4758 HP PC ESN40US MXL3300856 4470 HP PC XL504AV MXL224177R 4337 Dell PC X16-96076 3L24VR1 4452 HP PC XL504AV MXL15208VW 5170 HP PC E5N40US MXL33007YM 5171 HP PC E5N40US MXL330082L 5172 HP PC ESN40US MXL33007ZF 5166 HP PC ESN40US MXL33007YN Page 52 5169 HP PC ESN40US MXL330082N 5235 HP PC ESN40US MXL330080CX NA IBM Monitor 6636-4131 IS6636HBCVlD 5162 HP PC ESN40US MXL33007Y9 5039 IBM Monitor 9419-1-1132 VLD12026 5139 HP PC 6300 MXL33007SJ NA Lenovo Monitor 9419 VLD9418 IS00184 HP Printer 3005DN JPRFC20877 NA Lenovo Monitor 9419-HC2 VLM184 NA HP Printer CC378A CNCC94119F 1621 Lenovo Monitor 9320-HB1 V147863 1071 Lenovo Monitor 9419-HC2 VLDM326 4659 Dell PC OPTI-PLEX 4YBQTWI 1056 IBM Monitor THINK VISION VB-32487 4658 Dell Laptop 3010 4YLP401 4659 Dell Laptop 3010 4YSNT601 RA509461685 VIEWSONIC Monitor VX2033WM VS12487 RA5094641700 VIEWSONIC Monitor VX2033WM VS12487 RA5094641690 VIEWSONIC Monitor VX2033WM VS12487 RA5094641695 VIEWSONIC Monitor VX2033WM VS12487 N/A INSIGNIA TV NSF310A13 B230EP501923 N/A INSIGNIA TV NSF310A13 B2293P506463 4270 WYSE THIN CLIENT RXOL 24HDJ300543 4249 WYSE THIN CLIENT RXOL 247DJ400821 4279 WYSE THIN CLIENT RXOL 247DJ400039 4275 WYSE THIN CLIENT RXOL 247DJ01121 4421 HP PC 2210 WUA22600NN 5136 HP PC PRO6300 MXL33008CC 5202 HP PC PRO6300 MXL33008CD 4086 HP PC PRO DESK 600 MXL41500YD 4706 HP PC PRO DESK 600 MXL3300873 5007 HP PC PRO DESK 600 MXL330072P 5180 HP PC PRO6300 MXL33008DR 5196 HP PC PRO6300 MXL33008D7 4539 HP PC 6200 PRO MT MXL15208VN 5205 HP PC PRO6300 MXL33008DG 5198 HP PC PRO6300 MXL33008C1 5176 HP PC PRO6300 MXL33008DJ 5190 HP PC PRO6300 MXL33008DF Page 53 5179 HP PC PR06300 MXL33008C8 5200 HP PC PR06300 MXL33008C2 4720 HP Laptop PROBOOOK 6470B CNU332C7DV 4610 Apple Laptop MACBOOK PRO CO2KX05YFFRR 5746 Apple Laptop MACBOOK PRO CO2R500EGWDN 5117 Panasonic Tablet CF31 3HTSB52330 5115 Panasonic Tablet CF31 3HTSB52329 4490 HP Elitebook 8570W 5CB248226MP 4598 HP Laptop 8770W CNU3179X4Z 4173 Panasonic Tablet CF19 9DKYA70130 5048 HP Laptop PROBOOOK 64708 CNU332C74J 5044 HP Laptop PROBOOOK 6470B CNU332C73C 818 HP Laptop P201 60M42421SJ 819 HP Monitor P201 60M3492M1Z 1715 Lenovo Monitor 492P VLDL911 4559 Xerox Copier 7535 XKK425118 5032 HP Laptop PRO 6470B CNU332C772 4939 HP Laptop PRO 6470B CNU332C756 NA HP Monitor LA2006X CNC1450YKP 586 HP Monitor LA2006X 3CQ22611DCG 1083 HP Monitor P201 6CM3270DT9 1084 HP Monitor P201 6CM3270DT3 4772 HP PC 63000 MXL3300835 4174/0218 HP Printer Color Laserjet CNCC94119F N/A IOS Devices One iPhone 4S A1387 N/A N/A IOS Devices Three iPhone 4 A1349 N/A N/A IOS Devices Two iPhone 5 5A1429 N/A N/A IOS Devices Nine iPhone 5S A1533 N/A N/A IOS Devices Two iPhone 6S A1688 N/A N/A IOS Devices One iPhone 6 Plus A1522 N/A N/A IOS Devices Two Ipad Mini 2 A1490 N/A N/A IOS Devices Three Ipad Air A1475 N/A N/A IOS Devices One Ipad Pro A1674 N/A N/A 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Groundrow/Sky Cyc Luminaries +Frame N/A N/A Altman Groundrow/Sky Cyc Luminaries +Frame N/A N/A Altman Groundrow/Sky Cyc Luminaries N/A N/A Altman Groundrow/Sky Cyc Luminaries +Frame N/A N/A Altman Groundrow/Sky Cyc Luminaries +Frame N/A N/A Altman Groundrow/Sky Cyc Luminaries +Frame N/A N/A Altman Groundrow/Sky Cyc Luminaries +Frame N/A N/A Altman Groundrow/Sky Cyc Luminaries +Frame N/A N/A Altman Groundrow/Sky Cyc Luminaries +Frame N/A N/A Berkey Colortran mini Ellipse 30.40.50 +Frame model# 213155 N/A N/A Berkey Colortran mini Ellipse 30.40.50 +Frame model# 213155 N/A N/A Berkey Colortran mini Ellipse 30.40.50 +Frame model# 213155 N/A N/A Berkey Colortran mini Ellipse 30.40.50 +Frame model# 213155 N/A N/A Berkey Colortran mini Ellipse 30.40.50 +Frame model# 213155 N/A N/A Berkey Colortran mini Ellipse 30.40.50 +Frame model# 213155 N/A Page 55 N/A Berkey Colortran mini Ellipse 30.40.50 +Frame model# 213155 N/A N/A Berkey Colortran mini Ellipse 30.40.50 +Frame model# 213155 N/A N/A Berkey Colortran mini Ellipse 30.40.50 +Frame model# 213155 N/A N/A Berkey Colortran mini Ellipse 30.40.50 +Frame model# 213155 N/A N/A Berkey Colortran mini Ellipse 30.40.50 body model# 213155 N/A N/A Centry Lighting Inc. 12" Scoop + Frame model# 1302 N/A N/A Centry Lighting Inc. 12" Scoop + Frame model# 1302 N/A N/A Hubbell Kellems Grip single package N/A N/A Hubbell Kellems Grip single package N/A N/A Hubbell Kellems Grip single package N/A N/A Hubbell Kellems Grip single package N/A N/A Hubbell Kellems Grip single package N/A N/A Hubbell Kellems Grip single package N/A N/A Hubbell Kellems Grip single package N/A N/A Hubbell Kellems Grip single package N/A N/A Hubbell Kellems Grip single package N/A N/A Hubbell Kellems Grip single package N/A N/A Hubbell Kellems Grip single package N/A N/A Hubbell Kellems Grip single package N/A N/A Hubbell Kellems Grip single package N/A N/A Hubbell Kellems Grip single package N/A N/A Hubbell Kellems Grip single package N/A N/A Hubbell Kellems Grip single package N/A N/A Hubbell Kellems Grip single package N/A N/A Hubbell Kellems Grip 10 pack N/A N/A Hubbell Kellems Grip 10 pack N/A N/A Hubbell Kellems Grip 10 pack N/A N/A Hubbell Kellems Grip 10 pack N/A N/A ETC Source 4 HID Ballast and Cap N/A N/A ETC Source 4 HID Ballast and Cap N/A N/A ETC Source 4 HID Ballast and Cap N/A 000229 Wireless Microphone Receiver N/A 00832 Crosspoint Plus Series Switcher 816565006 00248 Extron Matrix 50 Switch 421379 77(FAC 01748) Hotronic AP41 49732 N/A Apantac LE8-Series N1682 249 NEC Scan Converter IDC -3000 1202231 Page 56 075 (FAC 01725) Magni Monitor Series MM -400 12776A 891 XAP800 12393-0452 893 XAP800 12394-0452 892 XAP800 12351-0452 VEHICLES AND LARGE EQUIPMENT UNIT # YEAR VEHICLES VIN # MILEAGE 416 2000 Chevy Astro Van 1GNDM19WOYB200340 58,039 603 2009 Ford F-550 1 FDAF56Y19EA42945 130,189 809 1999 Ford E-250 1 FTNE24LOXHA56345 51,746 1101 1997 Ford Crown Victoria 2FALP73W5VX210173 120,230 1413 2006 Ford Explorer 1 FMEU72EX6UB31980 148,074 1965 2003 Ford Explorer 1 FMZU73W63ZBO7232 109,551 2120 2003 Toyota Prius JT2BK18U930088088 36,408 2633 2006 Ford F-550 1 FDAF56Y76EC42675 122,336 2634 2008 Ford F-550 1 FDAF56Y68EA86650 130,332 3619 2006 Ford F-550 1 FDWX34536EB93720 128,740 1653 2000 International Chasis 7.62 International 1 HTSDAAR51 H389837 65,000 1635 2000 Ford E-350 1 FRTSE34L3YHB31761 100,000 1238 2000 Explorer 1 FMZU71 X4YZB92056 74,711 2329 2009 Ford Escape 1 FMCU49359KA25561 52,490 5510 2008 Ford Escape 1 FMCU91-148KE77480 64,339 826 2007 Ford F-350 1 FDWX36YX8EC53762 28,978 1534 2001 Hustler 925008 94128 435 Hrs 1541 2001 Hustler 925008 84012 372 Hrs 683T 2009 Apache Trailer 5JRUE12199C201581 N/A 567 1989 Turfco BTD 15-0390 N/A 2544 N/A Jacobson Mower 6858806339 3174 Hrs 697 2001 Advsafe MMS MMS85T109 444.9HR 698 2001 Advsafe MMS MMS85t-106 462HR E516 1997 Spraytech 898637 97019551 1065MLS 873 2002 T-4114 153719 N/A Page 57 E1546 0 Smithco Not Known N/A E2549 N/A Smithco Not Known N/A E583 N/A N/A 1017290 655T N/A N/A Trailer N/A 571 N/A SDI Spray Rig 5028 N/A E602 2000 Whiteman Trailer Unreadable N/A E605 N/A MMC Message Board MMC85T N/A E530 N/A N/A Trailer N/A N/A E1503 2010 Kawasaki UTV Mule KAF620M N/A T129 2004 Pro Trainer Bin Trailer 1 P9RB17154A371554 N/A 1519T 1999 Warrior Box Trailer 1 W9fk18281 C114380 N/A 553 1998 Cushman 98004454 N/A E554 1998 John Deere Utility Cart WOOTURFOO4577 N/A 10501 2000 John Deere Utility Cart WOE4X2EO01399 N/A E508 2005 John Deere Type E Ind Trk WOE4X2EO11799 N/A E515 2006 John Deere Utility Cart W04X2ED001573 N/A E517 2006 Smithco Field Rake J158-007 N/A E553 2006 John Deere Pro-Gator TC202OA060165 N/A 1587 N/A John Deere Loader N/A N/A E529 N/A N/A Cub Cadet N/A E518 N/A Smithco Sweep star N/A N/A E610 N/A Zipper Asphalt Zipper 48HDO284 N/A 1645 1996 Case Equipment 570LXT JJG0223840 7,000 559 1997 Cushman Turf Master 2566 N/A Page 58 DATE: November 6, 2019 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Tamara Layne, Finance Director SUBJECT: CONSIDERATION TO APPROVE BI -WEEKLY PAYROLL IN THE AMOUNT OF $3,496,718.62 AND WEEKLY CHECK REGISTERS (EXCLUDING CHECKS ISSUED TO SOUTHERN CALIFORNIA GAS COMPANY) IN THE AMOUNT OF $9,913,640.61 DATED SEPTEMBER 24, 2019 THROUGH OCTOBER 28,2019. RECOMMENDATION: Staff recommends City Council approve payment of demands as presented. BACKGROUND: N/A ANALYSIS: N/A FISCAL IMPACT: Adequate budgeted funds are available for the payment of demands per the attached listing. COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Attachment 1 Check Register Page 59 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00009583 09/25/2019 ALL CITY MANAGEMENT SERVICES INC 51,889.17 0.00 51,889.17 AP 00009584 09/25/2019 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 34,282.98 0.00 34,282.98 AP 00009585 09/25/2019 CHAFFEY JOINT UNION HS DISTRICT 1,543.80 0.00 1,543.80 AP 00009586 09/25/2019 RCCEA 1,745.50 0.00 1,745.50 AP 00009587 09/25/2019 RCPFA 11,627.45 0.00 11,627.45 AP 00009588 09/26/2019 AIRGAS USA LLC 0.00 148.51 148.51 AP 00009589 09/26/2019 BEST BEST & KRIEGER LLP 180.00 0.00 180.00 AP 00009590 09/26/2019 INLAND VALLEY DAILY BULLETIN 4,591.12 0.00 4,591.12 AP 00009591 09/26/2019 MINUTEMAN PRESS 209.04 0.00 209.04 AP 00009592 09/26/2019 OFFICE DEPOT 1,724.00 599.09 2,323.09 *** AP 00009593 09/26/2019 PSA PRINT GROUP 148.70 0.00 148.70 AP 00009594 10/02/2019 SAN BERNARDINO CTY SHERIFFS DEPT 3,229,508.00 0.00 3,229,508.00 AP 00009595 10/03/2019 ABC LOCKSMITHS 23.17 0.00 23.17 AP 00009596 10/03/2019 AIRGAS USA LLC 2,339.62 0.00 2,339.62 AP 00009597 10/03/2019 CARQUEST AUTO PARTS 3,377.95 0.00 3,377.95 AP 00009598 10/03/2019 DUMBELL MAN FITNESS EQUIPMENT, THE 0.00 480.00 480.00 AP 00009599 10/03/2019 EMCOR SERVICES 19,633.50 0.00 19,633.50 AP 00009600 10/03/2019 EWING IRRIGATION PRODUCTS 866.92 0.00 866.92 AP 00009601 10/03/2019 KME FIRE APPARATUS 0.00 332.11 332.11 AP 00009602 10/03/2019 MCFADDEN DALE HARDWARE 39.22 0.00 39.22 AP 00009603 10/03/2019 MINUTEMAN PRESS 838.27 0.00 838.27 AP 00009605 10/03/2019 OFFICE DEPOT 4,971.88 260.08 5,231.96 *** AP 00009606 10/03/2019 PSA PRINT GROUP 293.09 0.00 293.09 AP 00009607 10/03/2019 SUNRISE FORD 941.31 0.00 941.31 AP 00009608 10/03/2019 THOMPSON PLUMBING SUPPLY INC 186.97 0.00 186.97 AP 00009609 10/09/2019 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 39,199.01 0.00 39,199.01 AP 00009610 10/09/2019 HD PRODUCTIONS INC 2,000.00 0.00 2,000.00 AP 00009611 10/09/2019 MOFFATT & NICHOL 169,339.95 0.00 169,339.95 AP 00009612 10/09/2019 RCCEA 1,793.00 0.00 1,793.00 AP 00009613 10/09/2019 RCPFA 12,021.24 0.00 12,021.24 AP 00009614 10/10/2019 ABC LOCKSMITHS 212.25 0.00 212.25 AP 00009615 10/10/2019 AIRGAS USA LLC 959.40 0.00 959.40 AP 00009616 10/10/2019 BSN SPORTS LLC 430.95 0.00 430.95 AP 00009617 10/10/2019 CARQUEST AUTO PARTS 5,618.02 0.00 5,618.02 AP 00009618 10/10/2019 DUMBELL MAN FITNESS EQUIPMENT, THE 310.00 540.81 850.81 *** AP 00009619 10/10/2019 EMCOR SERVICES 4,420.50 320.00 4,740.50 *** AP 00009620 10/10/2019 EWING IRRIGATION PRODUCTS 176.19 0.00 176.19 AP 00009621 10/10/2019 GRANICUS INC 1,702.62 0.00 1,702.62 AP 00009622 10/10/2019 HOSE MAN INC 62.25 0.00 62.25 AP 00009623 10/10/2019 MINUTEMAN PRESS 172.40 0.00 172.40 AP 00009624 10/10/2019 OFFICE DEPOT 1,130.95 0.00 1,130.95 AP 00009625 10/10/2019 PSA PRINT GROUP 49.57 0.00 49.57 AP 00009626 10/10/2019 SIEMENS MOBILITY INC 110,289.12 0.00 110,289.12 AP 00009627 10/10/2019 SUNRISE FORD 2,193.35 0.00 2,193.35 AP 00009628 10/10/2019 TARGET SPECIALTY PRODUCTS 3,745.68 0.00 3,745.68 AP 00009629 10/16/2019 EDF TRADING NORTH AMERICA LLC 69,300.00 0.00 69,300.00 AP 00009630 10/16/2019 EXELON GENERATION CO LLC 279,795.00 0.00 279,795.00 User: VLOPEZ - VERONICA LOPEZ Page: 1 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:33:42 Page 60 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00009631 10/16/2019 RIVERSIDE, CITY OF 6,909.00 0.00 6,909.00 AP 00009632 10/16/2019 SARGENT TOWN PLANNING INC 38,572.39 0.00 38,572.39 AP 00009633 10/17/2019 AIRGAS USA LLC 0.00 330.85 330.85 AP 00009634 10/17/2019 BIBLIOTHECA LLC 6,204.02 0.00 6,204.02 AP 00009635 10/17/2019 CITRUS MOTORS ONTARIO INC 0.00 1,770.36 1,770.36 AP 00009636 10/17/2019 DUMBELL MAN FITNESS EQUIPMENT, THE 125.00 0.00 125.00 AP 00009637 10/17/2019 DUNN EDWARDS CORPORATION 465.06 0.00 465.06 AP 00009638 10/17/2019 HOSE MAN INC 0.00 292.57 292.57 AP 00009639 10/17/2019 KME FIRE APPARATUS 0.00 4,175.51 4,175.51 AP 00009640 10/17/2019 OFFICE DEPOT 7,213.50 0.00 7,213.50 AP 00009641 10/17/2019 PSA PRINT GROUP 204.73 278.77 483.50 *** AP 00009642 10/17/2019 VISTA PAINT 1,015.65 0.00 1,015.65 AP 00009643 10/23/2019 AHUMADA, ALEXANDER R 0.00 653.66 653.66 AP 00009644 10/23/2019 ALMAND, LLOYD 0.00 653.66 653.66 AP 00009645 10/23/2019 BANTAU, VICTORIA 0.00 511.48 511.48 AP 00009646 10/23/2019 BAZAL, SUSAN 0.00 677.47 677.47 AP 00009647 10/23/2019 BELL, MICHAEL L. 0.00 1,551.56 1,551.56 AP 00009648 10/23/2019 BERRY, DAVID 0.00 1,101.28 1,101.28 AP 00009649 10/23/2019 BROCK, ROBIN 0.00 1,102.61 1,102.61 AP 00009650 10/23/2019 CAMPBELL, GERALD 0.00 806.38 806.38 AP 00009651 10/23/2019 CAMPBELL, STEVEN 0.00 1,608.88 1,608.88 AP 00009652 10/23/2019 CARNES, KENNETH 0.00 511.48 511.48 AP 00009653 10/23/2019 CLABBY, RICHARD 0.00 1,101.28 1,101.28 AP 00009654 10/23/2019 CLOUGHESY, DONALD R 0.00 2,057.83 2,057.83 AP 00009655 10/23/2019 CORCORAN, ROBERT ANTHONY 0.00 707.78 707.78 AP 00009656 10/23/2019 COSTELLO, DENNIS M 0.00 2,057.83 2,057.83 AP 00009657 10/23/2019 COX, KARL 0.00 653.66 653.66 AP 00009658 10/23/2019 CRANE, RALPH 0.00 653.66 653.66 AP 00009659 10/23/2019 CROSSLAND, WILBUR 0.00 511.48 511.48 AP 00009660 10/23/2019 DAGUE, JAMES 0.00 1,072.30 1,072.30 AP 00009661 10/23/2019 DE ANTONIO, SUSAN 0.00 707.78 707.78 AP 00009662 10/23/2019 DEANS, JACKIE 0.00 258.83 258.83 AP 00009663 10/23/2019 DOMINICK, SAMUEL A. 0.00 1,102.61 1,102.61 AP 00009664 10/23/2019 EGGERS, BOB 0.00 2,057.83 2,057.83 AP 00009665 10/23/2019 FRITCHEY, JOHN D. 0.00 511.48 511.48 AP 00009666 10/23/2019 HEYDE, DONALD 0.00 653.66 653.66 AP 00009667 10/23/2019 INTERLICCHIA, ROSALYN 0.00 258.83 258.83 AP 00009668 10/23/2019 JERKINS, PATRICK 0.00 1,472.46 1,472.46 AP 00009669 10/23/2019 KILMER, STEPHEN 0.00 1,101.28 1,101.28 AP 00009670 10/23/2019 LANE, WILLIAM 0.00 1,102.61 1,102.61 AP 00009671 10/23/2019 LARKIN, DAVID W 0.00 1,472.46 1,472.46 AP 00009672 10/23/2019 LEE, ALLAN J. 0.00 584.82 584.82 AP 00009673 10/23/2019 LENZE, PAUL E 0.00 1,203.50 1,203.50 AP 00009674 10/23/2019 LONCAR, PHILIP 0.00 1,101.28 1,101.28 AP 00009675 10/23/2019 LONGO, JOE 0.00 187.74 187.74 AP 00009676 10/23/2019 LUTTRULL, DARRELL 0.00 511.48 511.48 AP 00009677 10/23/2019 MACKALL, BEVERLY 0.00 187.74 187.74 User: VLOPEZ - VERONICA LOPEZ Page: 2 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:33:42 Page 61 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00009678 10/23/2019 MAYFIELD, RON 0.00 653.66 653.66 AP 00009679 10/23/2019 MCKEE, JOHN 0.00 653.66 653.66 AP 00009680 10/23/2019 MCNEIL, KENNETH 0.00 653.66 653.66 AP 00009681 10/23/2019 MICHAEL, L. DENNIS 0.00 1,102.61 1,102.61 AP 00009682 10/23/2019 MORGAN, BYRON 0.00 1,731.23 1,731.23 AP 00009683 10/23/2019 MYSKOW, DENNIS 0.00 1,101.28 1,101.28 AP 00009684 10/23/2019 NAUMAN, MICHAEL 0.00 511.48 511.48 AP 00009685 10/23/2019 NEE, RON 0.00 677.47 677.47 AP 00009686 10/23/2019 NELSON, MARY JANE 0.00 187.74 187.74 AP 00009687 10/23/2019 O'BRIEN, TOM 0.00 1,173.00 1,173.00 AP 00009688 10/23/2019 PLOUNG, MICHAEL J 0.00 584.82 584.82 AP 00009689 10/23/2019 POST, MICHAEL R 0.00 1,503.07 1,503.07 AP 00009690 10/23/2019 PROULX, PATRICK 0.00 1,551.56 1,551.56 AP 00009691 10/23/2019 REDMOND, MIKE 0.00 1,102.61 1,102.61 AP 00009692 10/23/2019 ROEDER, JEFF 0.00 1,551.56 1,551.56 AP 00009693 10/23/2019 SALISBURY, THOMAS 0.00 653.66 653.66 AP 00009694 10/23/2019 SMITH, RONALD 0.00 511.48 511.48 AP 00009695 10/23/2019 SORENSEN, SCOTT D 0.00 1,979.02 1,979.02 AP 00009696 10/23/2019 SPAGNOLO, SAM 0.00 511.48 511.48 AP 00009697 10/23/2019 SPAIN, WILLIAM 0.00 806.38 806.38 AP 00009698 10/23/2019 SULLIVAN, JAMES 0.00 511.48 511.48 AP 00009699 10/23/2019 TAYLOR, STEVE 0.00 1,605.35 1,605.35 AP 00009700 10/23/2019 TULEY, TERRY 0.00 1,551.56 1,551.56 AP 00009701 10/23/2019 VANDERKALLEN, FRANCIS 0.00 653.66 653.66 AP 00009702 10/23/2019 VARNEY, ANTHONY 0.00 1,102.61 1,102.61 AP 00009703 10/23/2019 WALTON, KEVIN 0.00 1,472.46 1,472.46 AP 00009704 10/23/2019 YOWELL, TIMOTHY A 22,567.95 1,072.30 1,072.30 *** AP 00009705 10/23/2019 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 37,621.92 0.00 37,621.92 AP 00009706 10/23/2019 INDERWEISCHE, MATT 972.00 0.00 972.00 AP 00009707 10/23/2019 RCCEA 1,788.00 0.00 1,788.00 AP 00009708 10/23/2019 RCPFA 11,562.46 0.00 11,562.46 AP 00009709 10/24/2019 ABC LOCKSMITHS 216.58 0.00 216.58 AP 00009710 10/24/2019 CARQUEST AUTO PARTS 83.59 0.00 83.59 AP 00009711 10/24/2019 DUMBELL MAN FITNESS EQUIPMENT, THE 140.00 0.00 140.00 AP 00009712 10/24/2019 DUNN EDWARDS CORPORATION 789.40 0.00 789.40 AP 00009713 10/24/2019 EMCOR SERVICES 24,226.38 0.00 24,226.38 AP 00009714 10/24/2019 EWING IRRIGATION PRODUCTS 121.94 0.00 121.94 AP 00009715 10/24/2019 INLAND VALLEY DAILY BULLETIN 3,486.40 0.00 3,486.40 AP 00009716 10/24/2019 KME FIRE APPARATUS 0.00 189.74 189.74 AP 00009717 10/24/2019 LENOVO (UNITED STATES) INC. 210,758.99 0.00 210,758.99 AP 00009718 10/24/2019 OFFICE DEPOT 3,379.19 1,074.66 4,453.85 *** AP 00009719 10/24/2019 SAFELITE FULFILLMENT INC 59.95 0.00 59.95 AP 00009720 10/24/2019 SIEMENS MOBILITY INC 151,497.97 0.00 151,497.97 AP 00009721 10/24/2019 SITEONE LANDSCAPE SUPPLY LLC 4,432.23 0.00 4,432.23 AP 00009722 10/24/2019 THOMPSON PLUMBING SUPPLY INC 435.67 0.00 435.67 AP 00009723 10/24/2019 VISTA PAINT 1,399.06 0.00 1,399.06 AP 00404266 09/24/2019 CALIFORNIA DPT OF TAX & FEE ADMINISTRATION 1,612.02 185.32 1,797.34 *** User: VLOPEZ - VERONICA LOPEZ Page: 3 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:33:42 Page 62 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00404267 09/24/2019 GOVERNMENT FINANCE OFFICERS ASSOCIATION 765.00 0.00 765.00 AP 00404268 09/24/2019 LUGO, AIDA N 200.00 0.00 200.00 AP 00404269 09/25/2019 ABLE BUILDING MAINTENANCE 4,664.40 0.00 4,664.40 AP 00404270 09/25/2019 ABSOLUTE SECURITY INTERNATIONAL INC 18,333.24 0.00 18,333.24 AP 00404271 09/25/2019 ACEY DECY EQUIPMENT INC. 485.55 0.00 485.55 AP 00404272 09/25/2019 ACTION AWARDS INC 443.66 0.00 443.66 AP 00404273 09/25/2019 ADAPT CONSULTING INC 269.38 0.00 269.38 AP 00404274 09/25/2019 ADVANCED CHEMICAL TRANSPORT 1,632.50 0.00 1,632.50 AP 00404275 09/25/2019 AFLAC GROUP INSURANCE 24.58 0.00 24.58 AP 00404276 09/25/2019 AGUIRRE, GILBERT 20.00 0.00 20.00 AP 00404277 09/25/2019 ALL WELDING 135.00 0.00 135.00 AP 00404278 09/25/2019 ALLIANT INSURANCE SERVICES INC 367.00 0.00 367.00 AP 00404279 09/25/2019 AMERICAN ASPHALT SOUTH INC 124,128.38 0.00 124,128.38 AP 00404280 09/25/2019 ARCHITERRA DESIGN GROUP 18,477.50 0.00 18,477.50 AP 00404281 09/25/2019 AROCHO, ALMA 1,546.80 0.00 1,546.80 AP 00404282 09/25/2019 ASCENT ENVIRONMENTAL INC 10,122.45 0.00 10,122.45 AP 00404283 09/25/2019 AUFBAU CORPORATION 23,685.00 0.00 23,685.00 AP 00404284 09/25/2019 AUFBAU CORPORATION 22,272.00 0.00 22,272.00 AP 00404285 09/25/2019 BAKER & TAYLOR LLC 93.02 0.00 93.02 AP 00404286 09/25/2019 BANK OF NEW YORK MELLON, THE 1,750.00 0.00 1,750.00 AP 00404287 09/25/2019 BAST, KAROLYN 628.80 0.00 628.80 AP 00404288 09/25/2019 BAUER COMPRESSORS 0.00 2,760.30 2,760.30 AP 00404289 09/25/2019 BERMINGHAM, GENEVIEVE G. 210.00 0.00 210.00 AP 00404290 09/25/2019 BILL & WAGS INC 285.00 0.00 285.00 AP 00404291 09/25/2019 BOUND TREE MEDICAL LLC 0.00 5,265.96 5,265.96 AP 00404292 09/25/2019 BRIGHTON AT TERRA VISTA 570.28 0.00 570.28 AP 00404293 09/25/2019 C V W D 161.98 0.00 161.98 AP 00404301 09/25/2019 C V W D 185,524.07 1,698.57 187,222.64 *** AP 00404302 09/25/2019 CAL PERS LONG-TERM CARE PROGRAM 152.48 0.00 152.48 AP 00404303 09/25/2019 CALIFORNIA LIBRARY ASSOCIATION 5,225.00 0.00 5,225.00 AP 00404304 09/25/2019 CALIFORNIA, STATE OF 314.11 0.00 314.11 AP 00404305 09/25/2019 CALIFORNIA, STATE OF 8.44 0.00 8.44 AP 00404306 09/25/2019 CALIFORNIA, STATE OF 7.22 0.00 7.22 AP 00404307 09/25/2019 CAMERON WELDING SUPPLIES 129.94 0.00 129.94 AP 00404308 09/25/2019 CAMERON -DANIEL PC 2,165.50 0.00 2,165.50 AP 00404309 09/25/2019 CASTRO, ROBERT 2,866.00 0.00 2,866.00 AP 00404310 09/25/2019 CCS ORANGE COUNTY JANITORIAL INC 7,008.13 0.00 7,008.13 AP 00404311 09/25/2019 CHAMPION AWARDS AND SPECIALTIES 19.40 0.00 19.40 AP 00404312 09/25/2019 CINTAS CORPORATION #150 1,379.10 417.88 1,796.98 *** AP 00404313 09/25/2019 CLAREMONT COURIER 604.00 0.00 604.00 AP 00404314 09/25/2019 CLARK, KAREN 792.00 0.00 792.00 AP 00404315 09/25/2019 CLEAN OUT SOURCE 545.00 0.00 545.00 AP 00404316 09/25/2019 COX, ELISA 204.56 0.00 204.56 AP 00404317 09/25/2019 CPRS 200.00 0.00 200.00 AP 00404318 09/25/2019 D & K CONCRETE COMPANY 2,082.82 0.00 2,082.82 AP 00404319 09/25/2019 D M CONTRACTING INC 26,377.70 0.00 26,377.70 AP 00404320 09/25/2019 DATA TICKET INC 6,488.09 0.00 6,488.09 User: VLOPEZ - VERONICA LOPEZ Page: 4 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:33:42 Page 63 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00404321 09/25/2019 DAVID, DIANE 210.00 0.00 210.00 AP 00404322 09/25/2019 DEALER ALTERNATIVE SOLUTIONS 1,014.69 0.00 1,014.69 AP 00404323 09/25/2019 DEREVENCHA, LEO 139.00 0.00 139.00 AP 00404324 09/25/2019 DIAMOND ENVIRONMENTAL SERVICES 1,663.17 0.00 1,663.17 AP 00404325 09/25/2019 DIRECTV 78.79 0.00 78.79 AP 00404326 09/25/2019 DOLLARHIDE, GINGER 276.00 0.00 276.00 AP 00404327 09/25/2019 DUNN, ANNE MARIE 888.00 0.00 888.00 AP 00404328 09/25/2019 DVBE INSURANCE & FINANCIAL SVCS 4,800.00 0.00 4,800.00 AP 00404329 09/25/2019 EASTERLING, RAY 235.20 0.00 235.20 AP 00404330 09/25/2019 ELECTRO SWITCH CORP 4,893.57 0.00 4,893.57 AP 00404331 09/25/2019 ENT & SINUS CENTER INC 19.54 0.00 19.54 AP 00404332 09/25/2019 ESI ACQUISITION INC 0.00 20,800.00 20,800.00 AP 00404333 09/25/2019 FEDERAL EXPRESS CORP 23.45 0.00 23.45 AP 00404334 09/25/2019 FLAG SYSTEMS INC. 2,850.00 0.00 2,850.00 AP 00404335 09/25/2019 FLORES, MARIA A 130.00 0.00 130.00 AP 00404336 09/25/2019 FORD OF UPLAND INC 3,328.25 0.00 3,328.25 AP 00404337 09/25/2019 FORTIN LAW GROUP 1,512.00 0.00 1,512.00 AP 00404338 09/25/2019 FRONTIER COMM 603.08 492.61 1,095.69 *** AP 00404339 09/25/2019 FRONTIER COMM 3,306.17 0.00 3,306.17 AP 00404340 09/25/2019 FUEL SERV 1,251.25 0.00 1,251.25 AP 00404341 09/25/2019 G AND M BUSINESS INTERIORS 102.17 0.00 102.17 AP 00404342 09/25/2019 GAIL MATERIALS 2,911.19 0.00 2,911.19 AP 00404343 09/25/2019 GALLOWAY, CLIFFORD 250.00 0.00 250.00 AP 00404344 09/25/2019 GAMBOA, MINERVA 6,800.00 0.00 6,800.00 AP 00404345 09/25/2019 GEOGRAPHICS 876.25 0.00 876.25 AP 00404346 09/25/2019 GIORDANO, MARIANNA 75.60 0.00 75.60 AP 00404347 09/25/2019 GONSALVES AND SON, JOE A 3,045.00 0.00 3,045.00 AP 00404348 09/25/2019 GRAINGER 975.63 0.00 975.63 AP 00404349 09/25/2019 GRAPHICS FACTORY PRINTING INC. 3,404.90 0.00 3,404.90 AP 00404350 09/25/2019 GRAYBAR ELECTRIC CO 149.47 0.00 149.47 AP 00404351 09/25/2019 GUTIERREZ, ANA 15.00 0.00 15.00 AP 00404352 09/25/2019 GUTIERREZ, EMMANUEL 112.00 0.00 112.00 AP 00404353 09/25/2019 GUTIERREZ, STEPHANIE 54.67 0.00 54.67 AP 00404354 09/25/2019 HAMILTON, MONIQUE 1,680.00 0.00 1,680.00 AP 00404355 09/25/2019 HAMPTON YOGA 1,215.00 0.00 1,215.00 AP 00404356 09/25/2019 HANGTIME SPORTS 594.00 0.00 594.00 AP 00404357 09/25/2019 HARGREAVES, JANET 210.00 0.00 210.00 AP 00404358 09/25/2019 HEARTSAVERS LLC 110.00 0.00 110.00 AP 00404359 09/25/2019 HERITAGE EDUCATION GROUP 263.00 0.00 263.00 AP 00404360 09/25/2019 HMC ARCHITECTS 0.00 35,224.36 35,224.36 AP 00404361 09/25/2019 HOLSEY, CHANTE 120.00 0.00 120.00 AP 00404362 09/25/2019 HUBBERT, JAMES LIDELL 144.00 0.00 144.00 AP 00404363 09/25/2019 ICE DATA PRICING AND REFERENCE DATA LLC 282.42 0.00 282.42 AP 00404364 09/25/2019 IDEAL GLASS TINTING 4,959.00 0.00 4,959.00 AP 00404365 09/25/2019 IMAGEMPORIUM, THE 1,595.06 0.00 1,595.06 AP 00404366 09/25/2019 IMPERIAL SPRINKLER SUPPLY INC 2,988.69 0.00 2,988.69 AP 00404367 09/25/2019 INLAND DESERT SECURITY & COMMUNICATIONS INC 50.00 0.00 50.00 User: VLOPEZ - VERONICA LOPEZ Page: 5 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:33:42 Page 64 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00404368 09/25/2019 INLAND OVERHEAD DOOR COMPANY 0.00 261.25 261.25 AP 00404369 09/25/2019 INLAND PRESORT & MAILING SERVICES 549.85 0.00 549.85 AP 00404370 09/25/2019 INTERSTATE BATTERIES 2,154.83 0.00 2,154.83 AP 00404371 09/25/2019 JEONG, SUNHEE 70.00 0.00 70.00 AP 00404372 09/25/2019 JEWEL, PATRICIA 210.00 0.00 210.00 AP 00404373 09/25/2019 KEITH, JORRY 270.00 0.00 270.00 AP 00404374 09/25/2019 KIMLEY HORN AND ASSOCIATES INC 51,635.91 0.00 51,635.91 AP 00404375 09/25/2019 KINDRED CORPORATION 1,234.08 0.00 1,234.08 AP 00404376 09/25/2019 KOSSON TALENT LLC 2,325.00 0.00 2,325.00 AP 00404377 09/25/2019 KVAC ENVIRONMENTAL SERVICES INC 8,188.25 0.00 8,188.25 AP 00404378 09/25/2019 LAW ENFORCEMENT TARGETS 1,476.57 0.00 1,476.57 AP 00404379 09/25/2019 LIFE ASSIST INC 0.00 367.73 367.73 AP 00404380 09/25/2019 LITTLE BEAR PRODUCTIONS 5,835.00 0.00 5,835.00 AP 00404381 09/25/2019 LOS ANGELES TIMES 124.93 0.00 124.93 AP 00404382 09/25/2019 LU'S LIGHTHOUSE INC 138.69 0.00 138.69 AP 00404383 09/25/2019 LU, STARLYN 1,000.00 0.00 1,000.00 AP 00404384 09/25/2019 MARIPOSA LANDSCAPES INC 26,438.76 2,428.71 28,867.47 *** AP 00404385 09/25/2019 MATA, TERESA 10.00 0.00 10.00 AP 00404386 09/25/2019 MCI 69.04 0.00 69.04 AP 00404387 09/25/2019 MIDWEST TAPE 1,298.18 0.00 1,298.18 AP 00404388 09/25/2019 MORRIS, RICHARD 42.00 0.00 42.00 AP 00404389 09/25/2019 MOUNTAIN VIEW SMALL ENG REPAIR 244.94 0.00 244.94 AP 00404390 09/25/2019 MUNYIRI, JOSEPH 128.65 0.00 128.65 AP 00404391 09/25/2019 MUSICLAND 462.00 0.00 462.00 AP 00404392 09/25/2019 MUTUAL PROPANE 0.00 20.00 20.00 AP 00404393 09/25/2019 MYERS TIRE SUPPLY COMPANY 552.37 0.00 552.37 AP 00404394 09/25/2019 NA, QI 8.99 0.00 8.99 AP 00404395 09/25/2019 NAFA FLEET MANAGEMENT ASSOCIATION 499.00 0.00 499.00 AP 00404396 09/25/2019 NATIONAL PEN CORPORATION 331.87 0.00 331.87 AP 00404397 09/25/2019 NAUMANN HOBBS MATERIAL HANDLING 37.86 0.00 37.86 AP 00404398 09/25/2019 NEARMAP US INC 35,000.00 5,000.00 40,000.00 *** AP 00404399 09/25/2019 NERI, ANTHEA 210.00 0.00 210.00 AP 00404400 09/25/2019 OLS SERVICE INC. 2,138.98 0.00 2,138.98 AP 00404401 09/25/2019 ONTARIO WINNELSON CO 1,247.86 0.00 1,247.86 AP 00404402 09/25/2019 ONWARD ENGINEERING 16,390.00 0.00 16,390.00 AP 00404403 09/25/2019 ONWARD ENGINEERING 5,772.50 0.00 5,772.50 AP 00404404 09/25/2019 ONYX PAVING COMPANY INC 82,660.92 0.00 82,660.92 AP 00404405 09/25/2019 ORANGE LINE OIL COMPANY 1,836.66 0.00 1,836.66 AP 00404406 09/25/2019 ORKIN PEST CONTROL 1,493.82 0.00 1,493.82 AP 00404407 09/25/2019 ORONA, PATRICIA 245.00 0.00 245.00 AP 00404408 09/25/2019 OTT, LAURA 810.00 0.00 810.00 AP 00404409 09/25/2019 OTT, SHARON 396.00 0.00 396.00 AP 00404410 09/25/2019 PACIFIC UTILITY INSTALLATION INC 1,392.00 0.00 1,392.00 AP 00404411 09/25/2019 PFINIX CREATIVE GROUP 11,062.50 0.00 11,062.50 AP 00404412 09/25/2019 PRE -PAID LEGAL SERVICES INC 60.17 0.00 60.17 AP 00404413 09/25/2019 PRO SPRAY INC 842.79 0.00 842.79 AP 00404414 09/25/2019 PSA PRINT GROUP 38.79 0.00 38.79 User: VLOPEZ - VERONICA LOPEZ Page: 6 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:33:42 Page 65 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00404415 09/25/2019 QUINN COMPANY 2,390.04 0.00 2,390.04 AP 00404416 09/25/2019 R & T LIFT GATE SERVICES INC 552.79 0.00 552.79 AP 00404417 09/25/2019 R AND R AUTOMOTIVE 1,083.37 0.00 1,083.37 AP 00404418 09/25/2019 RADIUS GLOBAL SOLUTIONS 558.44 0.00 558.44 AP 00404419 09/25/2019 RANCHO CUCAMONGA CHAMBER OF COMMERCE 3,333.34 0.00 3,333.34 AP 00404420 09/25/2019 RANCHO SMOG CENTER 425.00 0.00 425.00 AP 00404421 09/25/2019 RESENDIS, RANDY 92.00 0.00 92.00 AP 00404422 09/25/2019 RIGLEMAN, ENCARNACION ONTIVEROS 160.00 0.00 160.00 AP 00404423 09/25/2019 RODAS' AUTO REPAIR 2,857.74 0.00 2,857.74 AP 00404424 09/25/2019 ROOTS AGENCY,THE 2,325.00 0.00 2,325.00 AP 00404425 09/25/2019 ROTO ROOTER 1,629.30 0.00 1,629.30 AP 00404426 09/25/2019 SAFE SOFTWARE INC 6,500.00 0.00 6,500.00 AP 00404427 09/25/2019 SALDANA NORTH, ELLA 210.00 0.00 210.00 AP 00404428 09/25/2019 SAN BERNARDINO CO AUDITOR CONT 11,155.10 0.00 11,155.10 AP 00404429 09/25/2019 SAN BERNARDINO CTY 18,501.39 0.00 18,501.39 AP 00404430 09/25/2019 SAN BERNARDINO CTY DEPT OF PUBLIC HEALTH 0.00 120.00 120.00 AP 00404431 09/25/2019 SBPEA 2,528.47 0.00 2,528.47 AP 00404432 09/25/2019 SCHOLASTIC BOOK FAIRS 545.30 0.00 545.30 AP 00404433 09/25/2019 SHERIFFS COURT SERVICES 100.00 0.00 100.00 AP 00404434 09/25/2019 SIGN SHOP, THE 0.00 660.51 660.51 AP 00404435 09/25/2019 SILVER & WRIGHT LLP 51,962.00 0.00 51,962.00 AP 00404438 09/25/2019 SOCIAL VOCATIONAL SERVICES 8,064.00 0.00 8,064.00 AP 00404439 09/25/2019 SONSRAY MACHINERY LLC 4,953.04 0.00 4,953.04 AP 00404440 09/25/2019 SOUTH COAST AQMD 0.00 1,660.32 1,660.32 AP 00404445 09/25/2019 SOUTHERN CALIFORNIA EDISON 6,424.64 1,934.84 8,359.48 *** AP 00404446 09/25/2019 SOUTHWEST TRAFFIC SYSTEMS INC 0.00 1,420.75 1,420.75 AP 00404447 09/25/2019 STATEWIDE TRAFFIC SAFETY & SIGNS INC 211.19 0.00 211.19 AP 00404448 09/25/2019 STOR'EM SELF STORAGE 575.00 0.00 575.00 AP 00404449 09/25/2019 STOTZ EQUIPMENT 181.63 0.00 181.63 AP 00404450 09/25/2019 SUPERION LLC 679.92 0.00 679.92 AP 00404451 09/25/2019 TAHQUITZ HIGH SCHOOL ASB 222.39 0.00 222.39 AP 00404452 09/25/2019 TIREHUB LLC 2,036.02 0.00 2,036.02 AP 00404453 09/25/2019 TORO TOWING 450.00 0.00 450.00 AP 00404454 09/25/2019 TORREZ, MAX 210.00 0.00 210.00 AP 00404455 09/25/2019 TRACEY, VAL 318.60 0.00 318.60 AP 00404456 09/25/2019 TYUS, IDA 756.00 0.00 756.00 AP 00404457 09/25/2019 U.S. BANK PARS ACCT #6746022500 1,828.79 0.00 1,828.79 AP 00404458 09/25/2019 U.S. BANK PARS ACCT #6745033700 6,605.00 0.00 6,605.00 AP 00404459 09/25/2019 U.S. BANK PARS ACCT #6745033700 14,245.54 0.00 14,245.54 AP 00404460 09/25/2019 ULINE 452.55 0.00 452.55 AP 00404461 09/25/2019 UNITED PACIFIC SERVICES INC 57,515.00 0.00 57,515.00 AP 00404462 09/25/2019 UNITED SITE SERVICES OF CA INC 281.34 0.00 281.34 AP 00404463 09/25/2019 UNITED WAY 60.00 0.00 60.00 AP 00404464 09/25/2019 UNIVERSAL FLEET SUPPLY 0.00 51.73 51.73 AP 00404465 09/25/2019 UPSCO POWERSAFE SYSTEMS INC 8,640.00 0.00 8,640.00 AP 00404466 09/25/2019 URBAN ARENA 14,550.00 0.00 14,550.00 AP 00404467 09/25/2019 US POSTMASTER 235.00 0.00 235.00 User: VLOPEZ - VERONICA LOPEZ Page: 7 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:33:42 Page 66 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00404468 09/25/2019 UTILIQUEST 5,775.80 0.00 5,775.80 AP 00404469 09/25/2019 UY, REUBEN 210.00 0.00 210.00 AP 00404470 09/25/2019 VAN SCOYOC ASSOCIATES INC 4,000.00 0.00 4,000.00 AP 00404471 09/25/2019 VERIZON BUSINESS SERVICES 326.51 0.00 326.51 AP 00404472 09/25/2019 VOHNE LICHE KENNELS INC 125.00 0.00 125.00 AP 00404473 09/25/2019 WALKER, LARRY 394.00 0.00 394.00 AP 00404474 09/25/2019 WAXIE SANITARY SUPPLY 6,009.73 1,617.54 7,627.27 *** AP 00404475 09/25/2019 WELLS FARGO BANK N A 3,500.00 0.00 3,500.00 AP 00404476 09/25/2019 WILLIAMS, CATINA OR DUANE 127.00 0.00 127.00 AP 00404477 09/25/2019 WILSON & BELL AUTO SERVICE 1,361.33 0.00 1,361.33 AP 00404478 09/25/2019 WORD MILL PUBLISHING 1,200.00 0.00 1,200.00 AP 00404479 09/25/2019 WORD OF THE WORLD 124.50 0.00 124.50 AP 00404480 09/26/2019 SAN BERNARDINO CTY TAX COLLECTOR 5,345.69 0.00 5,345.69 AP 00404481 10/02/2019 AAA ELECTRIC MOTOR SALES 0.00 313.13 313.13 AP 00404482 10/02/2019 ABLE BUILDING MAINTENANCE 807.00 860.00 1,667.00 *** AP 00404483 10/02/2019 ACTION AWARDS INC 17.23 0.00 17.23 AP 00404484 10/02/2019 ACTION CHEMICAL COMPANY 1,284.70 0.00 1,284.70 AP 00404485 10/02/2019 ACUNA, VINCENT 8.00 0.00 8.00 AP 00404486 10/02/2019 ADAP HOUSE OF HOPE 500.00 0.00 500.00 AP 00404487 10/02/2019 ADOBE ANIMAL HOSPITAL 125.00 0.00 125.00 AP 00404488 10/02/2019 ALPHAGRAPHICS 407.65 0.00 407.65 AP 00404489 10/02/2019 ALTAMIRANO, EDDY 45.00 0.00 45.00 AP 00404490 10/02/2019 ARDEN THEATRE CO. 100.00 0.00 100.00 AP 00404491 10/02/2019 ART OF LIVING FOUNDATION 72.00 0.00 72.00 AP 00404492 10/02/2019 ASSI SECURITY 3,163.68 0.00 3,163.68 AP 00404493 10/02/2019 AUFBAU CORPORATION 14,800.00 0.00 14,800.00 AP 00404494 10/02/2019 BAKER & TAYLOR LLC 164.15 0.00 164.15 AP 00404495 10/02/2019 BARRETO, RAQUEL M. 2,600.00 0.00 2,600.00 AP 00404496 10/02/2019 BARTEL ASSOCIATES LLC 0.00 795.00 795.00 AP 00404497 10/02/2019 BAYER HEALTHCARE LLC 181.92 0.00 181.92 AP 00404498 10/02/2019 BENNETT, JEFFREY 1,394.36 0.00 1,394.36 AP 00404499 10/02/2019 BERNELL HYDRAULICS INC 0.00 2.16 2.16 AP 00404500 10/02/2019 BILL & WAGS INC 0.00 1,533.94 1,533.94 AP 00404501 10/02/2019 BISHOP COMPANY 2,200.58 0.00 2,200.58 AP 00404502 10/02/2019 BOB'S MUFFLER SHOP 650.18 0.00 650.18 AP 00404503 10/02/2019 BRIGHTVIEW LANDSCAPE SERVICES INC 3,280.97 0.00 3,280.97 AP 00404504 10/02/2019 C V W D 1,683.30 0.00 1,683.30 AP 00404510 10/02/2019 C V W D 101,413.42 82.67 101,496.09 *** AP 00404511 10/02/2019 CAL STATE SITE SERVICES 445.00 0.00 445.00 AP 00404512 10/02/2019 CAMPOS, ENMA P. 2,575.00 0.00 2,575.00 AP 00404513 10/02/2019 CARTY, DIANE 126.00 0.00 126.00 AP 00404514 10/02/2019 CASTILLO, JESSIE 250.00 0.00 250.00 AP 00404515 10/02/2019 CCS ORANGE COUNTY JANITORIAL INC 70,726.79 0.00 70,726.79 AP 00404516 10/02/2019 CHANG, DANNIE 32.28 0.00 32.28 AP 00404517 10/02/2019 CHARTER COMMUNICATIONS 8,013.12 6,362.54 14,375.66 *** AP 00404518 10/02/2019 CINTAS CORPORATION #150 1,225.41 200.75 1,426.16 *** AP 00404519 10/02/2019 CLARKE PLUMBING SPECIALTIES INC. 0.00 128.30 128.30 User: VLOPEZ - VERONICA LOPEZ Page: 8 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:33:42 Page 67 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00404520 10/02/2019 CLEAN OUT SOURCE 325.00 0.00 325.00 AP 00404521 10/02/2019 CLERK OF THE BOARD OF SUPERVISORS 3,321.00 0.00 3,321.00 AP 00404522 10/02/2019 CLERK OF THE BOARD OF SUPERVISORS 2,404.75 0.00 2,404.75 AP 00404523 10/02/2019 CMTA 380.00 0.00 380.00 AP 00404524 10/02/2019 COAST RECREATION INC 678.36 0.00 678.36 AP 00404525 10/02/2019 COMES, ROSALIE 125.00 0.00 125.00 AP 00404526 10/02/2019 CONSOLIDATED ELECTRICAL DISTR INC 0.00 492.85 492.85 AP 00404527 10/02/2019 COUNTRY ESTATE FENCE CO INC 290.93 0.00 290.93 AP 00404528 10/02/2019 COVETRUS NORTH AMERICA 155.30 0.00 155.30 AP 00404529 10/02/2019 CRIME SCENE STERI-CLEAN LLC 540.00 0.00 540.00 AP 00404530 10/02/2019 CUMMINS SALES AND SERVICE 168.03 3,487.28 3,655.31 *** AP 00404531 10/02/2019 D & D SERVICES INC. 451.50 0.00 451.50 AP 00404532 10/02/2019 D & K CONCRETE COMPANY 2,137.84 0.00 2,137.84 AP 00404533 10/02/2019 DATA TICKET INC 7,163.29 0.00 7,163.29 AP 00404534 10/02/2019 DEPARTMENT OF JUSTICE 98.00 0.00 98.00 AP 00404535 10/02/2019 EBSCO INFORMATION SERVICES 31,000.00 0.00 31,000.00 AP 00404536 10/02/2019 EKAHAU INC 1,389.00 0.00 1,389.00 AP 00404537 10/02/2019 ELATTAR, RANIA 3.00 0.00 3.00 AP 00404538 10/02/2019 EMBROIDME 486.34 0.00 486.34 AP 00404539 10/02/2019 EXPRESS BRAKE SUPPLY 1,481.45 0.00 1,481.45 AP 00404540 10/02/2019 FACTORY MOTOR PARTS 0.00 1,439.81 1,439.81 AP 00404541 10/02/2019 FEDERAL EXPRESS CORP 48.17 0.00 48.17 AP 00404542 10/02/2019 FEDERAL EXPRESS CORP 18.80 0.00 18.80 AP 00404543 10/02/2019 FIRE APPARATUS SOLUTIONS 0.00 564.71 564.71 AP 00404544 10/02/2019 FIRE INNOVATIONS 0.00 4,825.12 4,825.12 AP 00404545 10/02/2019 FORD OF UPLAND INC 53.20 0.00 53.20 AP 00404546 10/02/2019 FRANKLIN TRUCK PARTS 0.00 244.05 244.05 AP 00404547 10/02/2019 FUEL SERV 3,050.53 0.00 3,050.53 AP 00404548 10/02/2019 G AND M BUSINESS INTERIORS 13,085.82 0.00 13,085.82 AP 00404549 10/02/2019 GATEWAY PET CEMETERY AND CREMATORY 590.00 0.00 590.00 AP 00404550 10/02/2019 GEORGE HILLS COMPANY 2,550.70 0.00 2,550.70 AP 00404551 10/02/2019 GOLDEN 1 CREDIT UNION 383.80 0.00 383.80 AP 00404552 10/02/2019 GOLDSMITH, VOYICE 100.00 0.00 100.00 AP 00404553 10/02/2019 GOMEZ, JOSE A. 190.00 0.00 190.00 AP 00404554 10/02/2019 GOVERNMENT TAX SEMINARS LLC 860.00 0.00 860.00 AP 00404555 10/02/2019 GRAINGER 1,540.90 567.24 2,108.14 *** AP 00404556 10/02/2019 GRAYBAR ELECTRIC CO 3,239.48 0.00 3,239.48 AP 00404557 10/02/2019 HABASITY, HANAA 500.00 0.00 500.00 AP 00404558 10/02/2019 HANGTIME SPORTS 264.00 0.00 264.00 AP 00404559 10/02/2019 HAULAWAY STORAGE CONTAINERS INC. 239.68 0.00 239.68 AP 00404560 10/02/2019 HERITAGE EDUCATION GROUP 90.00 0.00 90.00 AP 00404561 10/02/2019 HI WAY SAFETY INC 183.18 0.00 183.18 AP 00404562 10/02/2019 HILLS PET NUTRITION SALES INC 2,395.13 0.00 2,395.13 AP 00404563 10/02/2019 HINDERLITER DE LLAMAS AND ASSOCIATES 13,662.56 0.00 13,662.56 AP 00404564 10/02/2019 HUMANE SOCIETY OF SAN BERNARDINO VALLEY INC. 100.00 0.00 100.00 AP 00404565 10/02/2019 IATSE NATIONAL BENEFITS FUNDS 312.00 0.00 312.00 AP 00404566 10/02/2019 INLAND EMPIRE MEDIA GROUP INC 495.00 0.00 495.00 User: VLOPEZ - VERONICA LOPEZ Page: 9 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:33:42 Page 68 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00404567 10/02/2019 INLAND EMPIRE PROPERTY SERVICES INC 0.00 875.00 875.00 AP 00404568 10/02/2019 INYO NETWORKS 13,126.27 0.00 13,126.27 AP 00404569 10/02/2019 IRON MOUNTAIN OSDP 874.49 0.00 874.49 AP 00404570 10/02/2019 JEAN VALENZUELA, GLORIA 409.00 0.00 409.00 AP 00404571 10/02/2019 JOHNNY ALLEN TENNIS ACADEMY 2,434.80 0.00 2,434.80 AP 00404572 10/02/2019 JOHNSON EQUIPMENT COMPANY 0.00 486.45 486.45 AP 00404573 10/02/2019 K -K WOODWORKING 75.35 0.00 75.35 AP 00404574 10/02/2019 KAISER FOUNDATION HEALTH PLAN INC 234,237.62 0.00 234,237.62 AP 00404575 10/02/2019 KWAPINSKI, SASHA 214.54 0.00 214.54 AP 00404576 10/02/2019 LEETS, JOYCE 62.25 0.00 62.25 AP 00404577 10/02/2019 LEINNINGER, MELISSA 100.00 0.00 100.00 AP 00404578 10/02/2019 LEOS PARTY RENTALS 439.84 0.00 439.84 AP 00404579 10/02/2019 LOGMEIN USA INC 3,540.00 0.00 3,540.00 AP 00404580 10/02/2019 LOS ANGELES TRUCK CENTERS LLC 72.20 0.00 72.20 AP 00404581 10/02/2019 LOZANO SMITH LLP 19,007.01 0.00 19,007.01 AP 00404583 10/02/2019 MARIPOSA LANDSCAPES INC 175,549.60 2,513.16 178,062.76 *** AP 00404584 10/02/2019 MARQUEZ, BEATRICE 250.00 0.00 250.00 AP 00404585 10/02/2019 MCI 34.52 0.00 34.52 AP 00404586 10/02/2019 MCMASTER CARR SUPPLY COMPANY 0.00 151.67 151.67 AP 00404587 10/02/2019 MEDIWASTE DISPOSAL LLC 65.00 0.00 65.00 AP 00404588 10/02/2019 MEGATRAININC 1,575.00 0.00 1,575.00 AP 00404589 10/02/2019 MG PETROLEUM INC 1,696.00 0.00 1,696.00 AP 00404590 10/02/2019 MIDWEST TAPE 366.24 0.00 366.24 AP 00404591 10/02/2019 MOE, JOHN 175.00 0.00 175.00 AP 00404592 10/02/2019 MORRIS, RICHARD 108.00 0.00 108.00 AP 00404593 10/02/2019 NAPA AUTO PARTS 0.00 353.64 353.64 AP 00404594 10/02/2019 NEWCO DISTRIBUTORS INC 2,265.54 0.00 2,265.54 AP 00404595 10/02/2019 NGAI, BALDWIN 180.68 0.00 180.68 AP 00404596 10/02/2019 OPARC 352.00 0.00 352.00 AP 00404597 10/02/2019 ORKIN PEST CONTROL 350.00 0.00 350.00 AP 00404598 10/02/2019 PACIFIC PARKING SYSTEMS INC 59.26 0.00 59.26 AP 00404599 10/02/2019 PARS 3,500.00 0.00 3,500.00 AP 00404600 10/02/2019 POLK, DARRYL 1,705.35 0.00 1,705.35 AP 00404601 10/02/2019 POWER PLAY YOUTH ACADEMY 1,000.00 0.00 1,000.00 AP 00404602 10/02/2019 POWERWERX INC 0.00 770.87 770.87 AP 00404603 10/02/2019 PRECISION GYMNASTICS 1,827.00 0.00 1,827.00 AP 00404604 10/02/2019 RICHARD WIGHTMAN CONSTRUCTION INC 3,250.00 0.00 3,250.00 AP 00404605 10/02/2019 RICHARD WIGHTMAN CONSTRUCTION INC 3,167.50 0.00 3,167.50 AP 00404606 10/02/2019 RICHARD WIGHTMAN CONSTRUCTION INC 3,167.50 0.00 3,167.50 AP 00404607 10/02/2019 RICHARD WIGHTMAN CONSTRUCTION INC 2,715.00 0.00 2,715.00 AP 00404608 10/02/2019 RICHARDS WATSON AND GERSHON 26,925.95 3,709.00 30,634.95 *** AP 00404609 10/02/2019 ROADRUNNER PHARMACY 512.47 0.00 512.47 AP 00404610 10/02/2019 RUTZ, LISA 15.00 0.00 15.00 AP 00404611 10/02/2019 S C C E ELECTRICAL SERVICES 4,491.00 0.00 4,491.00 AP 00404612 10/02/2019 S C C E ELECTRICAL SERVICES 5,239.50 0.00 5,239.50 AP 00404613 10/02/2019 S C C E ELECTRICAL SERVICES 5,239.50 0.00 5,239.50 AP 00404614 10/02/2019 SAFE -ENTRY TECHNICAL INC 0.00 1,823.88 1,823.88 User: VLOPEZ - VERONICA LOPEZ Page: 10 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:33:42 Page 69 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00404615 10/02/2019 SAN ANTONIO REGIONAL HOSPITAL 0.00 1,847.00 1,847.00 AP 00404616 10/02/2019 SAN BERNARDINO CTY 0.00 13,266.27 13,266.27 AP 00404617 10/02/2019 SAN BERNARDINO CTY AUDITOR CONTROLLER 2,071.34 0.00 2,071.34 AP 00404618 10/02/2019 SASSOON, LORI 1,544.80 0.00 1,544.80 AP 00404619 10/02/2019 SC FUELS 0.00 15,035.82 15,035.82 AP 00404620 10/02/2019 SHRED PROS 68.00 0.00 68.00 AP 00404621 10/02/2019 SMK MERCHANDISING 2,455.50 0.00 2,455.50 AP 00404623 10/02/2019 SOMMER, BRIAN 13.42 0.00 13.42 AP 00404624 10/02/2019 SOUTHCOAST ANESTHESIA LLC 1,383.12 0.00 1,383.12 AP 00404630 10/02/2019 SOUTHERN CALIFORNIA EDISON 12,390.57 2,914.12 15,304.69 *** AP 00404631 10/02/2019 SOUTHERN CALIFORNIA EDISON 54,937.35 0.00 54,937.35 AP 00404632 10/02/2019 SOUTHERN CALIFORNIA EDISON 207.61 0.00 207.61 AP 00404633 10/02/2019 SOUTHERN CALIFORNIA EDISON 2,838.81 0.00 2,838.81 AP 00404634 10/02/2019 STANDARD INSURANCE COMPANY 11,907.77 0.00 11,907.77 AP 00404635 10/02/2019 STANDARD INSURANCE COMPANY 3,491.94 0.00 3,491.94 AP 00404636 10/02/2019 STETLER, EVELYN 525.94 0.00 525.94 AP 00404637 10/02/2019 STOTZ EQUIPMENT 797.94 0.00 797.94 AP 00404638 10/02/2019 THE COUNSELING TEAM INTERNATIONAL 0.00 300.00 300.00 AP 00404639 10/02/2019 THOMAS, CARI 1,000.00 0.00 1,000.00 AP 00404640 10/02/2019 TORRES, AUSTIN 15.00 0.00 15.00 AP 00404641 10/02/2019 TRANSWEST TRUCK CENTER 0.00 777.76 777.76 AP 00404642 10/02/2019 TYA USA 700.00 0.00 700.00 AP 00404643 10/02/2019 U S LEGAL SUPPORT INC 176.73 0.00 176.73 AP 00404644 10/02/2019 U.S. BANK PARS ACCT #6746022500 1,380.67 0.00 1,380.67 AP 00404645 10/02/2019 U.S. BANK PARS ACCT #6746022500 20,702.59 0.00 20,702.59 AP 00404646 10/02/2019 UNITED PACIFIC SERVICES INC 5,077.00 0.00 5,077.00 AP 00404647 10/02/2019 UNITED SCENIC ARTISTS PENSION & WELFARE FUNDS 234.00 0.00 234.00 AP 00404648 10/02/2019 UNIVERSAL FLEET SUPPLY 0.00 995.11 995.11 AP 00404649 10/02/2019 UNIVERSAL MARTIAL ARTS CENTERS 742.00 0.00 742.00 AP 00404650 10/02/2019 UPS 110.19 0.00 110.19 AP 00404651 10/02/2019 VEND U COMPANY 945.46 0.00 945.46 AP 00404652 10/02/2019 VERIZON WIRELESS - LA 421.11 0.00 421.11 AP 00404653 10/02/2019 VICTOR MEDICAL COMPANY 9,172.48 0.00 9,172.48 AP 00404654 10/02/2019 VULCAN MATERIALS COMPANY 7,413.76 0.00 7,413.76 AP 00404655 10/02/2019 WALTERS WHOLESALE ELECTRIC CO 212.68 0.00 212.68 AP 00404656 10/02/2019 WAXIE SANITARY SUPPLY 3,884.19 0.00 3,884.19 AP 00404657 10/02/2019 WESTERN UNIVERSITY OF VET MEDICINE 1,260.00 0.00 1,260.00 AP 00404658 10/02/2019 WESTRUX INTERNATIONAL INC 50.63 344.51 395.14 *** AP 00404659 10/02/2019 WOLFBROWN 2,000.00 0.00 2,000.00 AP 00404660 10/02/2019 YERO, ART 36.56 0.00 36.56 AP 00404661 10/02/2019 ZOETIS US LLC 4,998.44 0.00 4,998.44 AP 00404662 10/03/2019 YOWELL, TIMOTHY A 0.00 1,072.30 1,072.30 AP 00404663 10/09/2019 49ER COMMUNICATIONS 0.00 300.14 300.14 AP 00404664 10/09/2019 A NOISE WITHIN 250.00 0.00 250.00 AP 00404665 10/09/2019 A'JONTUE, ROSE ANN 559.20 0.00 559.20 AP 00404666 10/09/2019 ADAPT CONSULTING INC 1,981.18 286.99 2,268.17 *** AP 00404667 10/09/2019 AFLAC GROUP INSURANCE 24.58 0.00 24.58 User: VLOPEZ - VERONICA LOPEZ Page: 11 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:33:42 Page 70 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00404668 10/09/2019 ALL AMERICAN ASPHALT 96,968.40 0.00 96,968.40 AP 00404669 10/09/2019 ALL RIGHT PROCEED LLC 5,580.00 0.00 5,580.00 AP 00404670 10/09/2019 ALLIANCE HEATING & AIR INC 182.25 0.00 182.25 AP 00404671 10/09/2019 ALPHAGRAPHICS 251.55 0.00 251.55 AP 00404672 10/09/2019 AMPHION 542.06 0.00 542.06 AP 00404673 10/09/2019 BAKER & TAYLOR LLC 459.07 0.00 459.07 AP 00404674 10/09/2019 BAKER, CLIFF 200.00 0.00 200.00 AP 00404675 10/09/2019 BALOGH, JULIANNA 180.00 0.00 180.00 AP 00404676 10/09/2019 BENNETT, JEFFREY 1,252.45 0.00 1,252.45 AP 00404677 10/09/2019 BNSF RAILWAY COMPANY 800.00 0.00 800.00 AP 00404678 10/09/2019 BOOKE, CHRISTOPHER 1,038.00 0.00 1,038.00 AP 00404679 10/09/2019 BOOT BARN INC. 1,688.88 0.00 1,688.88 AP 00404680 10/09/2019 BOSTON COURT PERFORMING ARTS CENTER 140.00 0.00 140.00 AP 00404681 10/09/2019 BOUND TREE MEDICAL LLC 0.00 7,820.41 7,820.41 AP 00404682 10/09/2019 BUREAU VERITAS NORTH AMERICA INC 2,173.31 0.00 2,173.31 AP 00404683 10/09/2019 C V W D 302.50 343.98 646.48 *** AP 00404686 10/09/2019 C V W D 57,173.78 593.64 57,767.42 *** AP 00404687 10/09/2019 CAGLES APPLIANCE 0.00 129.30 129.30 AP 00404688 10/09/2019 CAL PERS LONG-TERM CARE PROGRAM 152.48 0.00 152.48 AP 00404689 10/09/2019 CALIFORNIA ASSOCIATION OF PUBLIC INFO OFFICIALS 20.00 0.00 20.00 AP 00404690 10/09/2019 CALIFORNIA, STATE OF 314.11 0.00 314.11 AP 00404691 10/09/2019 CALIFORNIA, STATE OF 8.44 0.00 8.44 AP 00404692 10/09/2019 CALIFORNIA, STATE OF 7.22 0.00 7.22 AP 00404693 10/09/2019 CASTRO, ROBERT 1,433.00 0.00 1,433.00 AP 00404694 10/09/2019 CDW GOVERNMENT INC 15,137.42 0.00 15,137.42 AP 00404695 10/09/2019 CINTAS CORPORATION #150 0.00 353.67 353.67 AP 00404696 10/09/2019 CONSOLIDATED ELECTRICAL DISTR INC 1,448.54 0.00 1,448.54 AP 00404697 10/09/2019 COVARRUBRAS, CHRISTINA 500.00 0.00 500.00 AP 00404698 10/09/2019 DANIELS TIRE SERVICE 0.00 3,103.87 3,103.87 AP 00404699 10/09/2019 DATA TICKET INC 6,298.09 0.00 6,298.09 AP 00404700 10/09/2019 DELTA DENTAL INSURANCE COMPANY 1,252.12 0.00 1,252.12 AP 00404701 10/09/2019 DELTA DENTAL INSURANCE COMPANY 40,636.51 0.00 40,636.51 AP 00404702 10/09/2019 DEMCOINC 113.65 0.00 113.65 AP 00404703 10/09/2019 DEPARTMENT OF INDUSTRIAL RELATIONS 225.00 0.00 225.00 AP 00404704 10/09/2019 DICKINSON JANITORIAL SUPPLY 112.62 0.00 112.62 AP 00404705 10/09/2019 DIG SAFE BOARD 171.07 0.00 171.07 AP 00404706 10/09/2019 ECORP CONSULTING INC 1,410.00 0.00 1,410.00 AP 00404707 10/09/2019 EIGHTH AVENUE ENTERPRISE LLC 296.31 0.00 296.31 AP 00404708 10/09/2019 ELECNOR BELCO ELECTRIC INC 43,087.25 0.00 43,087.25 AP 00404709 10/09/2019 EXECUTIVE AUTO DETAIL 0.00 240.00 240.00 AP 00404710 10/09/2019 FACTORY MOTOR PARTS 0.00 1,580.55 1,580.55 AP 00404711 10/09/2019 FEDERAL EXPRESS CORP 21.05 0.00 21.05 AP 00404712 10/09/2019 FEDERAL EXPRESS CORP 17.72 0.00 17.72 AP 00404713 10/09/2019 FEHR AND PEERS 3,332.50 0.00 3,332.50 AP 00404714 10/09/2019 FELICIANO, GASPAR ANTHONY 162.00 0.00 162.00 AP 00404715 10/09/2019 FLANAGAN, BOSCO 868.00 0.00 868.00 AP 00404716 10/09/2019 FORD OF UPLAND INC 2,110.63 0.00 2,110.63 User: VLOPEZ - VERONICA LOPEZ Page: 12 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:33:42 Page 71 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00404717 10/09/2019 FORTIN LAW GROUP 12,298.76 0.00 12,298.76 AP 00404718 10/09/2019 FORTUNE FENCING 210.00 0.00 210.00 AP 00404719 10/09/2019 FOUR POINTS BY SHERATON 700.09 0.00 700.09 AP 00404720 10/09/2019 FRANKLIN TRUCK PARTS 0.00 441.16 441.16 AP 00404722 10/09/2019 FRONTIER COMM 2,948.73 603.95 3,552.68 *** AP 00404723 10/09/2019 FUEL SERV 214.04 0.00 214.04 AP 00404724 10/09/2019 GEOGRAPHICS 1,290.85 0.00 1,290.85 AP 00404725 10/09/2019 GLOBALSTAR USA 174.50 0.00 174.50 AP 00404726 10/09/2019 GRAINGER 0.00 21.11 21.11 AP 00404727 10/09/2019 GRAPHICS FACTORY PRINTING INC. 191.26 0.00 191.26 AP 00404728 10/09/2019 HEARTSAVERS LLC 308.00 0.00 308.00 AP 00404729 10/09/2019 HERITAGE EDUCATION GROUP 612.00 0.00 612.00 AP 00404730 10/09/2019 HONDA YAMAHA HUSQVARNA OF REDLANDS 66.82 0.00 66.82 AP 00404731 10/09/2019 HOYT LUMBER CO., SM 0.00 59.67 59.67 AP 00404732 10/09/2019 ICE DATA PRICING AND REFERENCE DATA LLC 133.85 0.00 133.85 AP 00404733 10/09/2019 INLAND EMPIRE MEDIA GROUP INC 1,995.00 0.00 1,995.00 AP 00404734 10/09/2019 INLAND LIBRARY SYSTEM 1,943.00 0.00 1,943.00 AP 00404735 10/09/2019 ISHAQ, MUHAMMAD 5,710.00 0.00 5,710.00 AP 00404736 10/09/2019 JEEP CHRYSLER OF ONTARIO INC 63.52 0.00 63.52 AP 00404737 10/09/2019 L&L ENVIRONMENTAL INC 3,600.00 0.00 3,600.00 AP 00404738 10/09/2019 LI, ELSA 65.00 0.00 65.00 AP 00404739 10/09/2019 LINDA RYAN REPORTING 610.23 0.00 610.23 AP 00404740 10/09/2019 MAGANA, DAISY 1,800.00 0.00 1,800.00 AP 00404741 10/09/2019 MARIPOSA LANDSCAPES INC 1,366.92 0.00 1,366.92 AP 00404742 10/09/2019 MARLINK SA INC 0.00 163.48 163.48 AP 00404743 10/09/2019 MARRUFO, JOANNA 28.87 0.00 28.87 AP 00404744 10/09/2019 MCELVENEY, JOHN 750.00 0.00 750.00 AP 00404745 10/09/2019 MCMASTER CARR SUPPLY COMPANY 300.14 0.00 300.14 AP 00404746 10/09/2019 MIDWEST TAPE 1,306.42 0.00 1,306.42 AP 00404747 10/09/2019 MIJAC ALARM COMPANY 0.00 384.00 384.00 AP 00404748 10/09/2019 MOUNTAIN VIEW SMALL ENG REPAIR 53.86 0.00 53.86 AP 00404749 10/09/2019 MUSIC STAR 201.60 0.00 201.60 AP 00404750 10/09/2019 NAPA AUTO PARTS 4.87 318.03 322.90 *** AP 00404751 10/09/2019 NEOPOST USA INC 540.46 0.00 540.46 AP 00404752 10/09/2019 NINYO & MOORE 12,288.00 0.00 12,288.00 AP 00404753 10/09/2019 OCLC INC 59.68 0.00 59.68 AP 00404755 10/09/2019 ONTARIO SPAY AND NEUTER INC 1,100.00 0.00 1,100.00 AP 00404756 10/09/2019 ONTRAC 89.26 0.00 89.26 AP 00404757 10/09/2019 ORKIN PEST CONTROL 238.00 0.00 238.00 AP 00404758 10/09/2019 PACHECO, ART 1,038.00 0.00 1,038.00 AP 00404759 10/09/2019 PALACIOS, JENNIFER 71.92 0.00 71.92 AP 00404760 10/09/2019 PARSAC 0.00 751.00 751.00 AP 00404761 10/09/2019 PEPE'S TOWING SERVICE 312.00 0.00 312.00 AP 00404762 10/09/2019 PETES ROAD SERVICE INC 7,541.66 0.00 7,541.66 AP 00404763 10/09/2019 PETROVICH, VICTORIA 868.00 0.00 868.00 AP 00404764 10/09/2019 PRE -PAID LEGAL SERVICES INC 60.17 0.00 60.17 AP 00404765 10/09/2019 PRO -LINE INDUSTRIAL PRODUCTS INC 949.32 0.00 949.32 User: VLOPEZ - VERONICA LOPEZ Page: 13 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:33:42 Page 72 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00404766 10/09/2019 QUALITY CODE PUBLISHING 1,045.75 0.00 1,045.75 AP 00404767 10/09/2019 R AND R AUTOMOTIVE 173.18 0.00 173.18 AP 00404768 10/09/2019 RADIUS GLOBAL SOLUTIONS 558.44 0.00 558.44 AP 00404769 10/09/2019 RANCHO SMOG CENTER 45.00 0.00 45.00 AP 00404770 10/09/2019 RED WING BUSINESS ADVANTAGE ACCOUNT 754.55 0.00 754.55 AP 00404771 10/09/2019 REYES COCA-COLA BOTTLING LLC 753.97 0.00 753.97 AP 00404772 10/09/2019 RICHARDS WATSON AND GERSHON 15,085.62 0.00 15,085.62 AP 00404773 10/09/2019 ROTO ROOTER 1,775.00 0.00 1,775.00 AP 00404774 10/09/2019 SAFE -ENTRY TECHNICAL INC 0.00 375.00 375.00 AP 00404775 10/09/2019 SAN BERNARDINO COUNTY SHERIFFS DEPT 5,797.00 0.00 5,797.00 AP 00404776 10/09/2019 SAN BERNARDINO CTY EMS NURSES NETWORK 0.00 150.00 150.00 AP 00404777 10/09/2019 SANS INSTITUTE 5,340.00 0.00 5,340.00 AP 00404778 10/09/2019 SBPEA 2,532.74 0.00 2,532.74 AP 00404779 10/09/2019 SC FUELS 49,279.30 0.00 49,279.30 AP 00404780 10/09/2019 SC FUELS 2,821.27 0.00 2,821.27 AP 00404781 10/09/2019 SCRRA 4,000.00 0.00 4,000.00 AP 00404782 10/09/2019 SENERGY SOLUTIONS 6,441.21 0.00 6,441.21 AP 00404783 10/09/2019 SHERIFFS COURT SERVICES 100.00 0.00 100.00 AP 00404784 10/09/2019 SHRED PROS 118.00 0.00 118.00 AP 00404785 10/09/2019 SIMPLYWELL 1,150.00 0.00 1,150.00 AP 00404787 10/09/2019 SOAPTRONIC LLC 0.00 408.08 408.08 AP 00404788 10/09/2019 SOCIAL VOCATIONAL SERVICES 4,032.00 0.00 4,032.00 AP 00404789 10/09/2019 SOUTH COAST AQMD 0.00 1,239.30 1,239.30 AP 00404792 10/09/2019 SOUTHERN CALIFORNIA EDISON 36,300.43 0.00 36,300.43 AP 00404793 10/09/2019 STRESS LESS EXPRESS LLC 85.00 0.00 85.00 AP 00404794 10/09/2019 SWANK MOTION PICTURES INC 1,998.00 0.00 1,998.00 AP 00404795 10/09/2019 T S R CONSTRUCTION & INSPECTION 59,022.55 0.00 59,022.55 AP 00404796 10/09/2019 TORO TOWING 200.00 0.00 200.00 AP 00404797 10/09/2019 TRENDZITIONS INC 4,437.50 0.00 4,437.50 AP 00404798 10/09/2019 TRENDZITIONS INC 4,437.50 0.00 4,437.50 AP 00404799 10/09/2019 U S LEGAL SUPPORT INC 381.14 0.00 381.14 AP 00404800 10/09/2019 UNDERGROUND SVC ALERT OF SO CAL 161.80 0.00 161.80 AP 00404801 10/09/2019 UNITED WAY 60.00 0.00 60.00 AP 00404802 10/09/2019 UPS 89.37 0.00 89.37 AP 00404803 10/09/2019 VAN DAELE DEVELOPMENT CORPORATION 19,678.23 0.00 19,678.23 AP 00404804 10/09/2019 VENEKLASEN ASSOCIATES INC 0.00 63.80 63.80 AP 00404805 10/09/2019 VERIZON 29.99 0.00 29.99 AP 00404806 10/09/2019 VERIZON WIRELESS - LA 271.19 0.00 271.19 AP 00404807 10/09/2019 VICTOR MEDICAL COMPANY 7,835.77 0.00 7,835.77 AP 00404808 10/09/2019 WASHINGTON -MILLER, TAMICA 834.00 0.00 834.00 AP 00404809 10/09/2019 WELLS, JUDITH 64.96 0.00 64.96 AP 00404810 10/09/2019 WESTLAND GROUP INC 6,759.50 0.00 6,759.50 AP 00404811 10/09/2019 WHITE HOUSE PHOTO INC 350.00 0.00 350.00 AP 00404812 10/09/2019 WORD MILL PUBLISHING 725.00 0.00 725.00 AP 00404813 10/09/2019 ZALEWSKI, JOHN 868.00 0.00 868.00 AP 00404814 10/09/2019 VENEKLASEN ASSOCIATES INC 0.00 63.80 63.80 AP 00404815 10/09/2019 VERIZON 29.99 0.00 29.99 User: VLOPEZ - VERONICA LOPEZ Page: 14 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:33:42 Page 73 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00404816 10/09/2019 VERIZON WIRELESS - LA 271.19 0.00 271.19 AP 00404817 10/09/2019 VICTOR MEDICAL COMPANY 7,835.77 0.00 7,835.77 AP 00404818 10/09/2019 WASHINGTON -MILLER, TAMICA 834.00 0.00 834.00 AP 00404819 10/09/2019 WELLS, JUDITH 64.96 0.00 64.96 AP 00404820 10/09/2019 WHITE HOUSE PHOTO INC 350.00 0.00 350.00 AP 00404821 10/09/2019 WORD MILL PUBLISHING 725.00 0.00 725.00 AP 00404822 10/09/2019 ZALEWSKI, JOHN 868.00 0.00 868.00 AP 00404823 10/10/2019 WESTLAND GROUP INC 6,759.50 0.00 6,759.50 AP 00404824 10/16/2019 A & I REPROGRAPHICS 362.15 0.00 362.15 AP 00404825 10/16/2019 ABLE BUILDING MAINTENANCE 3,116.50 0.00 3,116.50 AP 00404826 10/16/2019 ABSOLUTE SECURITY INTERNATIONAL INC 20,829.48 0.00 20,829.48 AP 00404827 10/16/2019 ADOBE ANIMAL HOSPITAL 100.00 0.00 100.00 AP 00404828 10/16/2019 ALL RIGHT PROCEED LLC 22,320.00 0.00 22,320.00 AP 00404829 10/16/2019 ALL RIGHT PROCEED LLC 775.00 0.00 775.00 AP 00404830 10/16/2019 ALPHAGRAPHICS 24.24 0.00 24.24 AP 00404831 10/16/2019 ALTA VISTA MOBILE HOME PARK 397.59 0.00 397.59 AP 00404832 10/16/2019 ALTUM GROUP, THE 257.25 0.00 257.25 AP 00404833 10/16/2019 ALVEY, SHARON 1,575.00 0.00 1,575.00 AP 00404834 10/16/2019 AMERICAN TRAINING RESOURCES INC 1,071.73 0.00 1,071.73 AP 00404835 10/16/2019 AQUABIO ENVIRONMENTAL TECHNOLOGIES INC. 2,750.00 0.00 2,750.00 AP 00404836 10/16/2019 AUFBAU CORPORATION 23,371.00 0.00 23,371.00 AP 00404837 10/16/2019 AUFBAU CORPORATION 23,477.00 0.00 23,477.00 AP 00404838 10/16/2019 AUNTIE M CREATIVE CONSULTANTS INC 1,262.50 0.00 1,262.50 AP 00404839 10/16/2019 AVANT GARDE INC 4,084.50 0.00 4,084.50 AP 00404840 10/16/2019 AVAST ENTERTAINMENT 400.00 0.00 400.00 AP 00404841 10/16/2019 AVNISH LLC 15,000.00 0.00 15,000.00 AP 00404842 10/16/2019 BARNES AND NOBLE 490.05 0.00 490.05 AP 00404843 10/16/2019 BARRAGAN, JUDY 425.00 0.00 425.00 AP 00404844 10/16/2019 BARTEL ASSOCIATES LLC 0.00 842.00 842.00 AP 00404845 10/16/2019 BEE REMOVERS 118.00 495.00 613.00 *** AP 00404846 10/16/2019 BILL & WAGS INC 285.00 0.00 285.00 AP 00404847 10/16/2019 BRIGHTVIEW LANDSCAPE SERVICES INC 109,956.72 0.00 109,956.72 AP 00404848 10/16/2019 C V W D 36.80 0.00 36.80 AP 00404849 10/16/2019 C V W D 7,309.46 27.60 7,337.06 *** AP 00404850 10/16/2019 C.P. GENERATOR INC. 172.40 0.00 172.40 AP 00404851 10/16/2019 CA LLC - DBA ALTA LAGUNA MHP 500.00 0.00 500.00 AP 00404852 10/16/2019 CALIFORNIA DPT OF TAX & FEE ADMINISTRATION 992.33 1,320.72 2,313.05 *** AP 00404853 10/16/2019 CALIFORNIA MUNICIPAL UTILITIES ASSOC 2,120.58 0.00 2,120.58 AP 00404854 10/16/2019 CARNESI LLC 15,000.00 0.00 15,000.00 AP 00404855 10/16/2019 CASA VOLANTE MOBILE HOME PARK 700.00 0.00 700.00 AP 00404856 10/16/2019 CCS ORANGE COUNTY JANITORIAL INC 0.00 1,603.90 1,603.90 AP 00404857 10/16/2019 CHAFFEY COLLEGE 100.00 0.00 100.00 AP 00404858 10/16/2019 CHAPARRAL HEIGHTS MOBILE HOME PARK 474.35 0.00 474.35 AP 00404859 10/16/2019 CHURCH HAVEN COMPANY LLC 3,065.00 0.00 3,065.00 AP 00404860 10/16/2019 CINTAS CORPORATION #150 3,552.07 360.30 3,912.37 *** AP 00404861 10/16/2019 CITIZENS BUSINESS BANK 5,103.60 0.00 5,103.60 AP 00404862 10/16/2019 CIVIC SOLUTIONS INC 41,445.00 0.00 41,445.00 User: VLOPEZ - VERONICA LOPEZ Page: 15 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:33:42 Page 74 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire AP 00404863 10/16/2019 CLASSE PARTY RENTALS 965.25 0.00 AP 00404864 10/16/2019 COAST RECREATION INC 34.24 0.00 AP 00404865 10/16/2019 COAST SIGN INC 45.90 0.00 AP 00404866 10/16/2019 CORODATA MEDIA STORAGE INC 88.61 0.00 AP 00404867 10/16/2019 COSTAR REALTY INFORMATION INC 2,181.96 0.00 AP 00404868 10/16/2019 CUB SCOUTS PACK 658 100.00 0.00 AP 00404869 10/16/2019 CUCAMONGA VALLEY MEDICAL GROUP 101.15 0.00 AP 00404870 10/16/2019 D & K CONCRETE COMPANY 449.86 0.00 AP 00404871 10/16/2019 DAISY IT 510.35 0.00 AP 00404872 10/16/2019 DEALER ALTERNATIVE SOLUTIONS 1,938.25 0.00 AP 00404873 10/16/2019 DEPARTMENT OF CONSERVATION 9,095.30 0.00 AP 00404874 10/16/2019 DIRECTV 210.69 0.00 AP 00404875 10/16/2019 DIRECTV 66.99 0.00 AP 00404876 10/16/2019 DIRECTV 168.26 0.00 AP 00404877 10/16/2019 EXCLUSIVE EMAGES 380.00 0.00 AP 00404878 10/16/2019 FEDERAL EXPRESS CORP 66.45 0.00 AP 00404879 10/16/2019 FEDERAL EXPRESS CORP 0.00 39.15 AP 00404880 10/16/2019 FEDERAL EXPRESS CORP 110.86 0.00 AP 00404881 10/16/2019 FEDERAL EXPRESS CORP 6.45 0.00 AP 00404882 10/16/2019 FLOATASIA PARADE FLOAT COMPANY 6,250.00 0.00 AP 00404883 10/16/2019 FORTUNE FENCING 600.00 0.00 AP 00404884 10/16/2019 FRONTIER COMM 311.48 226.95 AP 00404885 10/16/2019 FUEL SERV 5,895.16 711.00 AP 00404886 10/16/2019 GEOGRAPHIC TECHNOLOGIES GROUP INC 11,600.00 0.00 AP 00404887 10/16/2019 GILMAN, JIM 400.00 0.00 AP 00404888 10/16/2019 GOVERNANCE SCIENCES GROUP INC 4,900.00 0.00 AP 00404889 10/16/2019 GRAINGER 5,276.48 0.00 AP 00404890 10/16/2019 GRAPHICS FACTORY PRINTING INC. 229.24 0.00 AP 00404891 10/16/2019 GRAYBAR ELECTRIC CO 1,032.03 0.00 AP 00404892 10/16/2019 GROVES ON FOOTHILL, THE 200.00 0.00 AP 00404893 10/16/2019 HAAKER EQUIPMENT CO 470.40 0.00 AP 00404894 10/16/2019 HANGTIME SPORTS 330.00 0.00 AP 00404895 10/16/2019 HAYES, CONNIE 84.78 0.00 AP 00404896 10/16/2019 HEARTSAVERS LLC 242.00 0.00 AP 00404897 10/16/2019 HOMETOWN AMERICA RAMONA VILLA 500.00 0.00 AP 00404898 10/16/2019 HOSE HEAVEN 17.00 0.00 AP 00404899 10/16/2019 HUIPE, ARTURO 87.00 0.00 AP 00404900 10/16/2019 IDEAL GLASS TINTING 5,760.00 0.00 AP 00404901 10/16/2019 INLAND COUNTIES EMERGENCY MEDICAL AGENCY 0.00 1,500.00 AP 00404902 10/16/2019 INLAND OVERHEAD DOOR COMPANY 236.25 141.75 AP 00404903 10/16/2019 INTERNATIONAL LINE BUILDERS INC 313,008.35 0.00 AP 00404904 10/16/2019 INTERSTATE BATTERIES 102.55 0.00 AP 00404905 10/16/2019 JL GROUP LLC 3,031.10 0.00 AP 00404906 10/16/2019 JOHN L GOLDEN ELEMENTARY PTA 128.65 0.00 AP 00404907 10/16/2019 KINDRED CORPORATION 4,490.11 0.00 AP 00404908 10/16/2019 KIRKWOOD, MARGARET 90.00 0.00 AP 00404909 10/16/2019 KIZH NATION RESOURCES MANAGEMENT 0.00 1,736.50 Amount 965.25 34.24 45.90 88.61 2,181.96 100.00 101.15 449.86 510.35 1,938.25 9,095.30 210.69 66.99 168.26 380.00 66.45 39.15 110.86 6.45 6,250.00 600.00 538.43 6,606.16 11,600.00 400.00 4,900.00 5,276.48 229.24 1,032.03 200.00 470.40 330.00 *** *** 84.78 242.00 500.00 17.00 87.00 5,760.00 1,500.00 378.00 *** 313,008.35 102.55 3,031.10 128.65 4,490.11 90.00 1,736.50 User: VLOPEZ - VERONICA LOPEZ Page: 16 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:33:42 Page 75 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00404910 10/16/2019 LANCE SOLL AND LUNGHARD 20,315.00 945.00 21,260.00 *** AP 00404911 10/16/2019 LEXIPOL LLC 0.00 6,726.00 6,726.00 AP 00404912 10/16/2019 LIEBERT CASSIDY WHITMORE 35.00 0.00 35.00 AP 00404913 10/16/2019 LOS ANGELES TRUCK CENTERS LLC 88.89 0.00 88.89 AP 00404916 10/16/2019 LOWES COMPANIES INC. 6,336.74 1,119.01 7,455.75 *** AP 00404917 10/16/2019 MAGELLAN ADVISORS LLC 15,750.00 0.00 15,750.00 AP 00404918 10/16/2019 MAIN STREET SIGNS 1,707.31 0.00 1,707.31 AP 00404919 10/16/2019 MARIPOSA LANDSCAPES INC 3,120.10 0.00 3,120.10 AP 00404920 10/16/2019 MCMASTER CARR SUPPLY COMPANY 61.35 0.00 61.35 AP 00404921 10/16/2019 MIJAC ALARM COMPANY 0.00 186.00 186.00 AP 00404922 10/16/2019 MOST DEPENDABLE FOUNTAINS INC 1,585.00 0.00 1,585.00 AP 00404923 10/16/2019 MOUNTAIN VIEW SMALL ENG REPAIR 238.42 0.00 238.42 AP 00404924 10/16/2019 MUNICIPAL EQUIPMENT MAINTENANCE ASSOCIATION 275.00 0.00 275.00 AP 00404925 10/16/2019 MUTUAL PROPANE 0.00 20.00 20.00 AP 00404926 10/16/2019 MYERS TIRE SUPPLY COMPANY 120.44 0.00 120.44 AP 00404927 10/16/2019 NAPA AUTO PARTS 25.54 0.00 25.54 AP 00404928 10/16/2019 NBS 1,000.00 0.00 1,000.00 AP 00404929 10/16/2019 NICHOLS, GARY 773.50 0.00 773.50 AP 00404930 10/16/2019 NICK'S CUSTOM BOOTS LLC 0.00 212.25 212.25 AP 00404931 10/16/2019 NINYO & MOORE 7,113.50 0.00 7,113.50 AP 00404932 10/16/2019 NUNEZ, LUCY ALVAREZ- 191.96 0.00 191.96 AP 00404933 10/16/2019 NV5INC 88,758.80 0.00 88,758.80 AP 00404934 10/16/2019 OGBECHIE, CHIEDU 87.00 0.00 87.00 AP 00404935 10/16/2019 ONSITE TRUCK AND EQUIPMENT REPAIR INC 158.08 0.00 158.08 AP 00404936 10/16/2019 ONTARIO WINNELSON CO 204.73 0.00 204.73 AP 00404937 10/16/2019 ORKIN PEST CONTROL 770.30 898.10 1,668.40 *** AP 00404938 10/16/2019 PACIFIC UTILITY INSTALLATION INC 18,934.82 0.00 18,934.82 AP 00404939 10/16/2019 PETES ROAD SERVICE INC 4,337.32 0.00 4,337.32 AP 00404940 10/16/2019 PINES MOBILE HOME PARK, THE 200.00 0.00 200.00 AP 00404941 10/16/2019 PRESTWICK GROUP INC, THE 23,540.44 0.00 23,540.44 AP 00404942 10/16/2019 PRIMUS CONTRACTING GROUP 3,302.00 0.00 3,302.00 AP 00404943 10/16/2019 PRISTINE UNIFORMS LLC 0.00 483.75 483.75 AP 00404944 10/16/2019 R3 CONSULTING GROUP INC 2,492.50 0.00 2,492.50 AP 00404945 10/16/2019 RAINBOW BOLT & SUPPLY INC 3,204.48 0.00 3,204.48 AP 00404946 10/16/2019 RANCHOII 3,065.00 0.00 3,065.00 AP 00404947 10/16/2019 RANCHO CUCAMONGA TOWN SQUARE 13,083.22 0.00 13,083.22 AP 00404948 10/16/2019 RANCHO SMOG CENTER 675.00 0.00 675.00 AP 00404949 10/16/2019 RDO EQUIPMENT COMPANY 656.64 0.00 656.64 AP 00404950 10/16/2019 RICHARDS WATSON AND GERSHON 3,590.47 0.00 3,590.47 AP 00404951 10/16/2019 RODAS' AUTO REPAIR 857.53 0.00 857.53 AP 00404952 10/16/2019 ROMO PLANNING GROUP INC 10,600.00 0.00 10,600.00 AP 00404953 10/16/2019 ROTARY CORPORATION 639.26 0.00 639.26 AP 00404954 10/16/2019 ROTO ROOTER 250.00 0.00 250.00 AP 00404955 10/16/2019 SAMS CLUB/SYNCHRONY BANK 1,562.62 0.00 1,562.62 AP 00404956 10/16/2019 SAN BERNARDINO COUNTY 1,200.00 0.00 1,200.00 AP 00404957 10/16/2019 SC FUELS 3,733.60 0.00 3,733.60 AP 00404958 10/16/2019 SCOTT, MICHAEL 1,389.65 0.00 1,389.65 User: VLOPEZ - VERONICA LOPEZ Page: 17 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:33:42 Page 76 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00404959 10/16/2019 SEQUEL CONTRACTORS INC 39,720.31 0.00 39,720.31 AP 00404960 10/16/2019 SHEAKLEY PENSION ADMINISTRATION 401.60 0.00 401.60 AP 00404961 10/16/2019 SHEAKLEY PENSION ADMINISTRATION 0.00 176.90 176.90 AP 00404962 10/16/2019 SHRED PROS 58.00 55.00 113.00 *** AP 00404963 10/16/2019 SINGH, KAMALPREET 200.00 0.00 200.00 AP 00404964 10/16/2019 SMARTDEPLOY 8,800.00 0.00 8,800.00 AP 00404965 10/16/2019 SOUTH COAST AQMD 978.44 0.00 978.44 AP 00404971 10/16/2019 SOUTHERN CALIFORNIA EDISON 10,723.61 3,140.37 13,863.98 *** AP 00404972 10/16/2019 SOUTHERN CALIFORNIA EDISON 394.73 0.00 394.73 AP 00404973 10/16/2019 SOUTHERN CALIFORNIA EDISON 163,962.32 1,412.11 165,374.43 *** AP 00404974 10/16/2019 SPECIALIZED CARE FOSTER FAMILY AGENCY 250.00 0.00 250.00 AP 00404975 10/16/2019 SPORTBALL 4,435.20 0.00 4,435.20 AP 00404976 10/16/2019 STEPHENSON, KRISTEN 5,000.00 0.00 5,000.00 AP 00404977 10/16/2019 STERLING COFFEE SERVICE 1,574.36 0.00 1,574.36 AP 00404978 10/16/2019 STOTZ EQUIPMENT 1,854.32 0.00 1,854.32 AP 00404979 10/16/2019 STRESS LESS EXPRESS LLC 210.00 0.00 210.00 AP 00404980 10/16/2019 SUPERION LLC 3,666.93 0.00 3,666.93 AP 00404981 10/16/2019 SYCAMORE VILLA MOBILE HOME PARK 400.00 0.00 400.00 AP 00404982 10/16/2019 SYN -TECH SYSTEMS 44.55 0.00 44.55 AP 00404983 10/16/2019 TIREHUB LLC 1,489.34 0.00 1,489.34 AP 00404984 10/16/2019 U.S. BANK PARS ACCT #6746022500 13,838.55 0.00 13,838.55 AP 00404985 10/16/2019 U.S. BANK PARS ACCT #6746022500 1,192.60 0.00 1,192.60 AP 00404986 10/16/2019 U.S. BANK PARS ACCT #6745033700 6,605.00 0.00 6,605.00 AP 00404987 10/16/2019 ULINE 6,518.57 0.00 6,518.57 AP 00404988 10/16/2019 UNITED PACIFIC SERVICES INC 45,271.00 0.00 45,271.00 AP 00404989 10/16/2019 UPS 41.40 0.00 41.40 AP 00404990 10/16/2019 UTILIQUEST 2,288.52 0.00 2,288.52 AP 00404991 10/16/2019 UTILITY CRANE & EQUIPMENT INC 2,729.57 0.00 2,729.57 AP 00404992 10/16/2019 VALDEZ, TRINA 48.96 0.00 48.96 AP 00404993 10/16/2019 VERIZON WIRELESS - LA 80.66 0.00 80.66 AP 00404994 10/16/2019 VERIZON WIRELESS - LA 60.12 0.00 60.12 AP 00404995 10/16/2019 VERIZON WIRELESS - LA 102.52 0.00 102.52 AP 00404996 10/16/2019 VERIZON WIRELESS - LA 0.00 5,545.81 5,545.81 AP 00404997 10/16/2019 VICTOR MEDICAL COMPANY 13,405.79 0.00 13,405.79 AP 00404998 10/16/2019 VILLALOBOS, WENDY 33.00 0.00 33.00 AP 00404999 10/16/2019 VIRTUAL PROJECT MANAGER LLC 2,000.00 0.00 2,000.00 AP 00405000 10/16/2019 VORTEX INDUSTRIES INC 1,047.30 0.00 1,047.30 AP 00405001 10/16/2019 VULCAN MATERIALS COMPANY 18,878.67 0.00 18,878.67 AP 00405002 10/16/2019 WAXIE SANITARY SUPPLY 7,628.10 0.00 7,628.10 AP 00405003 10/16/2019 WESTERN UNIVERSITY OF VET MEDICINE 330.00 0.00 330.00 AP 00405004 10/16/2019 WILLHITE, LESLIE 250.00 0.00 250.00 AP 00405005 10/16/2019 XEROX FINANCIAL SERVICES 596.76 0.00 596.76 AP 00405006 10/16/2019 ZEP SALES AND SERVICE 966.54 0.00 966.54 AP 00405007 10/16/2019 ZOHO CORPORATION #4926 2,999.00 0.00 2,999.00 AP 00405008 10/23/2019 CURATALO, JAMES 0.00 1,551.56 1,551.56 AP 00405009 10/23/2019 EAGLESON, MICHAEL 0.00 1,551.56 1,551.56 AP 00405010 10/23/2019 KIRKPATRICK, WILLIAM 0.00 1,525.78 1,525.78 User: VLOPEZ - VERONICA LOPEZ Page: 18 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:33:42 Page 77 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00405011 10/23/2019 RODRIGUEZ, VICTOR 0.00 2,144.60 2,144.60 AP 00405012 10/23/2019 TOWNSEND, JAMES 0.00 2,057.83 2,057.83 AP 00405013 10/23/2019 WALKER, KENNETH 0.00 258.83 258.83 AP 00405014 10/23/2019 ACEY DECY EQUIPMENT INC. 314.18 0.00 314.18 AP 00405015 10/23/2019 ACHESON, JEREMY 30.00 0.00 30.00 AP 00405016 10/23/2019 ADAMS, QUAMI D 500.00 0.00 500.00 AP 00405017 10/23/2019 ADVANTAGE SEALING SYSTEMS INC 89.22 0.00 89.22 AP 00405018 10/23/2019 AFLAC GROUP INSURANCE 24.58 0.00 24.58 AP 00405019 10/23/2019 ALBERT A. WEBB ASSOCIATES 2,779.55 0.00 2,779.55 AP 00405020 10/23/2019 ALL AMERICAN ASPHALT 749,701.01 0.00 749,701.01 AP 00405021 10/23/2019 AROCHO, ALMA 1,450.80 0.00 1,450.80 AP 00405022 10/23/2019 ARROW TRAILER SUPPLIES INC 134.21 0.00 134.21 AP 00405023 10/23/2019 AUTO AND RV SPECIALISTS INC. 66.93 0.00 66.93 AP 00405024 10/23/2019 BAST, KAROLYN 457.80 0.00 457.80 AP 00405025 10/23/2019 BEDAZZLE MY EVENTS 0.00 520.00 520.00 AP 00405026 10/23/2019 BENTIVEGNA, CLAUDIA 60.00 0.00 60.00 AP 00405027 10/23/2019 BERNELL HYDRAULICS INC 0.00 31.84 31.84 AP 00405028 10/23/2019 BERRIES FROZEN YOGURT INC 108.90 0.00 108.90 AP 00405029 10/23/2019 BIG EVENTS INC 6,305.30 0.00 6,305.30 AP 00405030 10/23/2019 BILL & WAGS INC 0.00 506.25 506.25 AP 00405031 10/23/2019 BOOKE, CHRISTOPHER 1,106.00 0.00 1,106.00 AP 00405032 10/23/2019 BOOT BARN INC. 833.83 0.00 833.83 AP 00405033 10/23/2019 BOUND TREE MEDICAL LLC 0.00 326.84 326.84 AP 00405034 10/23/2019 BRIGHTVIEW LANDSCAPE SERVICES INC 36,376.65 0.00 36,376.65 AP 00405035 10/23/2019 BROWN, JENNIFER 37.12 0.00 37.12 AP 00405036 10/23/2019 BRUNES, JASON 20.00 0.00 20.00 AP 00405039 10/23/2019 C V W D 54,152.95 1,655.32 55,808.27 *** AP 00405040 10/23/2019 CAL PERS LONG-TERM CARE PROGRAM 152.48 0.00 152.48 AP 00405041 10/23/2019 CALIFORNIA DEPT OF TAX AND FEE ADMINISTRATION 6,972.49 0.00 6,972.49 AP 00405042 10/23/2019 CALIFORNIA, STATE OF 8.44 0.00 8.44 AP 00405043 10/23/2019 CALIFORNIA, STATE OF 314.11 0.00 314.11 AP 00405044 10/23/2019 CALIFORNIA, STATE OF 7.22 0.00 7.22 AP 00405045 10/23/2019 CAMERON -DANIEL PC 61.00 0.00 61.00 AP 00405046 10/23/2019 CASTILLO, JESSIE 200.00 0.00 200.00 AP 00405047 10/23/2019 CINTAS CORPORATION #150 0.00 315.15 315.15 AP 00405048 10/23/2019 CITIZENS BUSINESS BANK 39,457.95 0.00 39,457.95 AP 00405049 10/23/2019 CITY CLERKS ASSOCIATION OF CALIFORNIA 200.00 0.00 200.00 AP 00405050 10/23/2019 CLARK, KAREN 1,260.00 0.00 1,260.00 AP 00405051 10/23/2019 CONFIRE JPA 0.00 176,393.00 176,393.00 AP 00405052 10/23/2019 CONSOLIDATED ELECTRICAL DISTR INC 6,701.33 0.00 6,701.33 AP 00405053 10/23/2019 CORELOGIC SOLUTIONS LLC 257.50 0.00 257.50 AP 00405054 10/23/2019 COSTCO PHARMACY #0678 1,139.43 0.00 1,139.43 AP 00405055 10/23/2019 COVETRUS NORTH AMERICA 697.74 0.00 697.74 AP 00405056 10/23/2019 CUPCAKE ARCADE, THE 111.33 0.00 111.33 AP 00405057 10/23/2019 D & D SERVICES INC. 451.50 0.00 451.50 AP 00405058 10/23/2019 D & K CONCRETE COMPANY 4,222.25 0.00 4,222.25 AP 00405059 10/23/2019 DAISY IT 1,362.63 0.00 1,362.63 User: VLOPEZ - VERONICA LOPEZ Page: 19 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:33:42 Page 78 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00405060 10/23/2019 DANCE TERRIFIC 2,483.60 0.00 2,483.60 AP 00405061 10/23/2019 DANIELS, NOAH 69.72 0.00 69.72 AP 00405062 10/23/2019 DEPENDABLE COMPANY INC 135.75 0.00 135.75 AP 00405063 10/23/2019 DR HORTON WESTERN PACIFIC HOUSING INC 318.91 0.00 318.91 AP 00405064 10/23/2019 DR HORTON WESTERN PACIFIC HOUSING INC 28.78 0.00 28.78 AP 00405065 10/23/2019 DUNN, ANNE MARIE 660.00 0.00 660.00 AP 00405066 10/23/2019 EASTERLING, RAY 225.60 0.00 225.60 AP 00405067 10/23/2019 EXECUTIVE AUTO DETAIL 0.00 360.00 360.00 AP 00405068 10/23/2019 FEDERAL EXPRESS CORP 18.51 0.00 18.51 AP 00405069 10/23/2019 FEDERAL EXPRESS CORP 53.46 0.00 53.46 AP 00405070 10/23/2019 FRANKLIN TRUCK PARTS 0.00 76.80 76.80 AP 00405071 10/23/2019 FRASURE, MICHAEL 55.72 0.00 55.72 AP 00405072 10/23/2019 FRASURE, MICHAEL 2,300.00 0.00 2,300.00 AP 00405073 10/23/2019 G AND M BUSINESS INTERIORS 40.98 0.00 40.98 AP 00405074 10/23/2019 GATEWAY PET CEMETERY AND CREMATORY 160.00 0.00 160.00 AP 00405075 10/23/2019 GIORDANO, MARIANNA 190.80 0.00 190.80 AP 00405076 10/23/2019 GOLDEN VANTAGE LLC 3,228.03 0.00 3,228.03 AP 00405077 10/23/2019 GRAFIX SYSTEMS 0.00 554.30 554.30 AP 00405078 10/23/2019 GRAINGER 138.72 143.40 282.12 *** AP 00405079 10/23/2019 GRAPHICS FACTORY PRINTING INC. 26.94 0.00 26.94 AP 00405080 10/23/2019 HAMILTON, MONIQUE 1,680.00 0.00 1,680.00 AP 00405081 10/23/2019 HAMPTON YOGA 990.00 0.00 990.00 AP 00405082 10/23/2019 HANGTIME SPORTS 330.00 0.00 330.00 AP 00405083 10/23/2019 HERITAGE EDUCATION GROUP 246.00 0.00 246.00 AP 00405084 10/23/2019 HI WAY SAFETY INC 177.93 0.00 177.93 AP 00405085 10/23/2019 HILLS PET NUTRITION SALES INC 1,561.11 0.00 1,561.11 AP 00405086 10/23/2019 HMC ARCHITECTS 0.00 14,583.90 14,583.90 AP 00405087 10/23/2019 HUBBERT, JAMES LIDELL 84.00 0.00 84.00 AP 00405088 10/23/2019 IDEXX DISTRIBUTION INC 10,464.94 0.00 10,464.94 AP 00405089 10/23/2019 INLAND PRESORT & MAILING SERVICES 198.39 0.00 198.39 AP 00405090 10/23/2019 INLAND VALLEY EMERGENCY PET CLINIC 5,275.50 0.00 5,275.50 AP 00405091 10/23/2019 INTERSTATE BATTERIES 0.00 1,212.19 1,212.19 AP 00405092 10/23/2019 INTERVET INC 5,134.50 0.00 5,134.50 AP 00405093 10/23/2019 IRON MOUNTAIN OSDP 965.39 0.00 965.39 AP 00405094 10/23/2019 ITERIS INC 8,280.50 0.00 8,280.50 AP 00405095 10/23/2019 JOHNNY ALLEN TENNIS ACADEMY 2,379.00 0.00 2,379.00 AP 00405096 10/23/2019 JONES TRUSTEE, WILLIAM A 4,500.00 0.00 4,500.00 AP 00405097 10/23/2019 K -K WOODWORKING 0.00 1,145.84 1,145.84 AP 00405098 10/23/2019 LAMASAT, NANY 232.00 0.00 232.00 AP 00405099 10/23/2019 LATREACE, RAINEY 368.00 0.00 368.00 AP 00405100 10/23/2019 LEVEL 3 COMMUNICATIONS LLC 5,432.69 0.00 5,432.69 AP 00405103 10/23/2019 LOWES COMPANIES INC. 6,421.52 1,119.01 7,540.53 *** AP 00405104 10/23/2019 MAHONEY, DONALD 560.54 0.00 560.54 AP 00405105 10/23/2019 MCMASTER CARR SUPPLY COMPANY 0.00 1,899.65 1,899.65 AP 00405106 10/23/2019 MIDWEST TAPE 401.94 0.00 401.94 AP 00405107 10/23/2019 MILLER, ANDY 195.47 0.00 195.47 AP 00405108 10/23/2019 MILLER, RICHARD ELBERT 1,534.00 0.00 1,534.00 User: VLOPEZ - VERONICA LOPEZ Page: 20 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:33:42 Page 79 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00405109 10/23/2019 MISSION REPROGRAPHICS 0.00 1,039.14 1,039.14 AP 00405110 10/23/2019 MORRIS, RICHARD 144.00 0.00 144.00 AP 00405111 10/23/2019 MUSIC THEATRE INTERNATIONAL 17,105.00 0.00 17,105.00 AP 00405112 10/23/2019 MUSICLAND 560.00 0.00 560.00 AP 00405113 10/23/2019 NAPA AUTO PARTS 0.00 221.24 221.24 AP 00405114 10/23/2019 NICHOLSON, LEANNE 800.00 0.00 800.00 AP 00405115 10/23/2019 ONTRAC 34.58 0.00 34.58 AP 00405116 10/23/2019 ORKIN PEST CONTROL 52.00 0.00 52.00 AP 00405117 10/23/2019 ORONA, PATRICIA 210.00 0.00 210.00 AP 00405118 10/23/2019 OTT, LAURA 900.00 0.00 900.00 AP 00405119 10/23/2019 OTT, SHARON 414.00 0.00 414.00 AP 00405120 10/23/2019 PACHECO, ART 1,106.00 0.00 1,106.00 AP 00405121 10/23/2019 PIC-O-RAMA 350.00 0.00 350.00 AP 00405122 10/23/2019 PRE -PAID LEGAL SERVICES INC 60.17 0.00 60.17 AP 00405123 10/23/2019 PRO SALES GROUP INC 1,873.40 0.00 1,873.40 AP 00405124 10/23/2019 QUAN, JENNIFER 151.05 0.00 151.05 AP 00405125 10/23/2019 RADIUS GLOBAL SOLUTIONS 558.44 0.00 558.44 AP 00405126 10/23/2019 RAUL'S AUTO TRIM INC 0.00 246.94 246.94 AP 00405127 10/23/2019 RIGLEMAN, ENCARNACION ONTIVEROS 160.00 0.00 160.00 AP 00405128 10/23/2019 ROADRUNNER PHARMACY 1,210.92 0.00 1,210.92 AP 00405129 10/23/2019 RODAS' AUTO REPAIR 1,756.16 0.00 1,756.16 AP 00405130 10/23/2019 ROHR STEEL INC 1,258.52 0.00 1,258.52 AP 00405131 10/23/2019 ROMO PLANNING GROUP INC 4,840.00 0.00 4,840.00 AP 00405132 10/23/2019 ROTO ROOTER 175.00 0.00 175.00 AP 00405133 10/23/2019 S.CALIF MUNICIPAL ATHLETIC FEDERATION 180.00 0.00 180.00 AP 00405134 10/23/2019 SAFE -ENTRY TECHNICAL INC 0.00 606.85 606.85 AP 00405135 10/23/2019 SAN BERNARDINO CO FIRE DEPT 60,257.07 0.00 60,257.07 AP 00405136 10/23/2019 SAN BERNARDINO COUNTY REGISTRAR OF VOTERS 52.88 0.00 52.88 AP 00405137 10/23/2019 SAN BERNARDINO CTY 18,501.39 13,321.83 31,823.22 *** AP 00405138 10/23/2019 SBPEA 2,532.74 0.00 2,532.74 AP 00405139 10/23/2019 SHERIFFS COURT SERVICES 100.00 0.00 100.00 AP 00405144 10/23/2019 SOUTHERN CALIFORNIA EDISON 24,956.47 2,586.44 27,542.91 *** AP 00405145 10/23/2019 SOUTHERN CALIFORNIA EDISON 517.20 0.00 517.20 AP 00405146 10/23/2019 SPORTBALL 4,480.80 0.00 4,480.80 AP 00405147 10/23/2019 STATE FIRE TRAINING 0.00 65.00 65.00 AP 00405148 10/23/2019 STATE FIRE TRAINING 0.00 65.00 65.00 AP 00405149 10/23/2019 STATE FIRE TRAINING 0.00 65.00 65.00 AP 00405150 10/23/2019 STATE FIRE TRAINING 0.00 65.00 65.00 AP 00405151 10/23/2019 STEPPIN OUT BALLROOM 932.40 0.00 932.40 AP 00405152 10/23/2019 TETRA TECH INC 21,121.96 0.00 21,121.96 AP 00405153 10/23/2019 THE COUNSELING TEAM INTERNATIONAL 0.00 1,125.00 1,125.00 AP 00405154 10/23/2019 TRACEY, VAL 235.20 0.00 235.20 AP 00405155 10/23/2019 TRAVELERS HAVEN LLC 6.30 0.00 6.30 AP 00405156 10/23/2019 TROESH, JOSHUA 18.00 0.00 18.00 AP 00405157 10/23/2019 TUNURI, LIZA 19.84 0.00 19.84 AP 00405158 10/23/2019 TYUS, IDA 660.00 0.00 660.00 AP 00405159 10/23/2019 UC REGENTS 91.00 0.00 91.00 User: VLOPEZ - VERONICA LOPEZ Page: 21 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:33:42 Page 80 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00405160 10/23/2019 UNITED PACIFIC SERVICES INC 71,636.00 0.00 71,636.00 AP 00405161 10/23/2019 UNITED WAY 60.00 0.00 60.00 AP 00405162 10/23/2019 UNIVERSAL FLEET SUPPLY 0.00 193.62 193.62 AP 00405163 10/23/2019 UNIVERSAL MARTIAL ARTS CENTERS 91.00 0.00 91.00 AP 00405164 10/23/2019 UPLAND AUTO TRIM 375.00 0.00 375.00 AP 00405165 10/23/2019 VALENZUELA, JOHN 0.00 400.00 400.00 AP 00405166 10/23/2019 VALLEY POWER SYSTEMS INC 0.00 23.61 23.61 AP 00405167 10/23/2019 VAN SCOYOC ASSOCIATES INC 4,000.00 0.00 4,000.00 AP 00405168 10/23/2019 VARGAS AND RAMIREZ SPORTS 2,107.37 0.00 2,107.37 AP 00405169 10/23/2019 VASQUEZ, JUSTIN 15.00 0.00 15.00 AP 00405174 10/23/2019 VERIZON WIRELESS - LA 6,124.85 0.00 6,124.85 AP 00405175 10/23/2019 VERIZON WIRELESS - LA 4,465.45 0.00 4,465.45 AP 00405176 10/23/2019 VICTOR MEDICAL COMPANY 6,395.45 0.00 6,395.45 AP 00405177 10/23/2019 VISION SERVICE PLAN CA 10,027.36 0.00 10,027.36 AP 00405178 10/23/2019 VOHNE LICHE KENNELS INC 125.00 0.00 125.00 AP 00405179 10/23/2019 VULCAN MATERIALS COMPANY 2,619.22 0.00 2,619.22 AP 00405180 10/23/2019 WATTS, JASON 0.00 2,300.00 2,300.00 AP 00405181 10/23/2019 WAXIE SANITARY SUPPLY 1,920.58 1,740.82 3,661.40 *** AP 00405182 10/23/2019 WEST END YMCA/ RANCHO CUCAMONGA 9,909.22 0.00 9,909.22 AP 00405183 10/23/2019 WEST END YMCA/ RANCHO CUCAMONGA 13,220.63 0.00 13,220.63 AP 00405184 10/23/2019 WEST END YMCA/ RANCHO CUCAMONGA 10,595.45 0.00 10,595.45 AP 00405185 10/23/2019 WESTLAND GROUP INC 10,203.50 0.00 10,203.50 AP 00405186 10/23/2019 WESTRUX INTERNATIONAL INC 0.00 832.13 832.13 AP 00405187 10/23/2019 WHITE CAP CONSTRUCTION SUPPLY 2,696.12 0.00 2,696.12 AP 00405188 10/23/2019 YORK INDUSTRIES 945.96 0.00 945.96 AP 00405189 10/23/2019 ZOETIS US LLC 1,467.72 0.00 1,467.72 Total City: $9,913,640.61 Total Fire: $506,510.44 Grand Total: . Note: *** Check Number includes both City and Fire District expenditures User: VLOPEZ - VERONICA LOPEZ Page: 22 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:33:42 Page 81 DATE: November 6, 2019 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Tamara Layne, Finance Director SUBJECT: CONSIDERATION TO APPROVE WEEKLY CHECK REGISTERS FOR CHECKS ISSUED TO SOUTHERN CALIFORNIA GAS COMPANY IN THE AMOUNT OF $7,932.88 DATED SEPTEMBER 24, 2019 THROUGH OCTOBER 28, 2019. RECOMMENDATION: Staff recommends City Council approve payment of demands as presented. BACKGROUND: N/A ANALYSIS: N/A FISCAL IMPACT: Adequate budgeted funds are available for the payment of demands per the attached listing. COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Attachment 1 So Ca Gas - Check Register Page 82 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT So Calif Gas Company Only. Agenda Check Register 9/24/2019 through 10/28/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00404436 09/25/2019 SO CALIF GAS COMPANY 0.00 65.85 65.85 AP 00404437 09/25/2019 SO CALIF GAS COMPANY 1,160.46 0.00 1,160.46 AP 00404622 10/02/2019 SO CALIF GAS COMPANY 5,363.97 415.59 5,779.56 *** AP 00404786 10/09/2019 SO CALIF GAS COMPANY 1,408.45 0.00 1,408.45 AP 00405140 10/23/2019 SO CALIF GAS COMPANY 0.00 241.34 241.34 Total City: $7,932.88 Total Fire: $722.78 Grand Total:$8,655—.6-6 Nnfn- *** Check Number includes both City and Fire District expenditures User: VLOPEZ - VERONICA LOPEZ Page: 1 Current Date: 10/29/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 10:35:15 Page 83 DATE: November 6, 2019 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Darren Chin, Assistant Engineer SUBJECT: CONSIDERATION OF A REQUEST TO SUMMARILY VACATE A REJECTED OFFER OF DEDICATION ON THE WEST SIDE OF ARCHIBALD AVENUE APPROXIMATELY 200 FEET NORTH OF PACIFIC ELECTRIC TRAIL OVER THE NORTHERLY 30 FEET OF PARCEL 2 OF PARCEL MAP 3402. APN 0202-141-13-0000. RECOMMENDATION: Staff recommends that the City Council adopt and authorize the recording of the attached resolution summarily ordering the vacation of a rejected offer of dedication on the west side of Archibald Avenue approximately 200 feet north of Pacific Electric Trail. BACKGROUND: In 1977, an offer of dedication for public use was made on Parcel Map 3402 across the northerly 30 feet Parcels 1 and 2. This offer was subsequently rejected on the Parcel Map by the County of San Bernardino. The right to accept the offer of dedication at a later date was transferred to the City at incorporation. Staff recently received a request from the property owner to vacate the offer of dedication across Parcel 2 of Parcel Map 3402 (ENG2019-00043) in order to extinguish the City's right to accept the offer in the future. ANALYSIS: Staff has reviewed the property owner's request and determined that the rejected offer of dedication is not required to provide legal access to Parcel 1 of Parcel Map 3402, nor it is necessary to develop the street network required by the General Plan. Government Code Section 66477.2(c) authorizes the City to terminate and abandon an offer of dedication by summary vacation. Further, Streets and Highways Code Section 8334(a) permits local agencies to summarily vacate excess public right-of-way pursuant to adoption of a resolution if it is not needed for street or highway purposes. Staff has prepared the attached resolution for consideration by the City Council. It should be noted that this resolution includes a reservation of a public utilities easement to protect any existing public utility facilities within the vacation area pursuant to Streets and Highways Code Section 8340. FISCAL IMPACT: None Page 84 COUNCIL GOAL(S) ADDRESSED: Not applicable. ATTACHMENTS: Description Attachment 1 - Vicinity Map Attachment 2 - Resolution Attachment 3 - Legal Description Page 85 ATTACHMENT 1 Vicinity Map PARCEL MAP 3402 NOT TO SCALE LYB.marml mmmo.t9. eue Line x6 @=mo -i9 Qmmmw .-lifij xa amumm _ _ DIMMOM ..—I—d - aammmGY A Page 86 ATTACHMENT 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA SUMMARILY ORDERING THE VACATION OF A REJECTED OFFER OF DEDICATION ON THE WEST SIDE OF ARCHIBALD AVENUE APPROXIMATELY 200 FEET NORTH OF PACIFIC ELECTRIC TRAIL OVER THE NORTHERLY 30 FEET OF PARCEL 2 OF PARCEL MAP 3402, APN 0202-141-13-0000. WHEREAS, an offer of dedication for public use was made on Parcel Map 3402 on the west side of Archibald Avenue, Approximately 200 feet north of the Pacific Electric Trail, over the northerly 30 feet of Parcel 2 (the "dedicated property"). WHEREAS, prior to the City's incorporation, the County of San Bernardino rejected the offer of dedication for the dedicated property. WHEREAS, Government Code Section 66477.2(a) provides that a previously rejected offer of dedication shall remain open, and the City Council may accept an offer of dedication at any later date. WHEREAS, Government Code Section 66477.2(c) specifically authorizes the City to terminate and abandon an offer of dedication in the same manner as prescribed for the summary vacation of streets by Part 3 of Division 9 of the Streets and Highways Code. WHEREAS, the current owner of the dedicated property has requested that the City terminate and abandon the offer of dedication of the dedicated property. WHEREAS, the City Council has found and determined that the dedicated property is no longer necessary to provide legal access to Parcel 1 of Parcel Map 3402 or to develop the City's street network in accordance with the General Plan. Accordingly, City staff has determined that the summary vacation of the offer of dedication of the dedicated property conforms to the City's General Plan; and WHEREAS, the City Council finds that, based on all of the evidence submitted in this matter, that the dedicated property is unnecessary for present or prospective public purposes NOW, THEREFORE BE IT RESOLVED by the City Council of Rancho Cucamonga as follows: SECTION 1: This vacation, termination, and abandonment of the offer of dedication for the dedicated property is made under Chapter 4 of Part 3 of Division 9 of the California Streets and Highways Code. SECTION 2: That the City Council of the City of Rancho Cucamonga hereby vacates, terminates, and abandons the offer of dedication for public use and right-of-way, as shown on map V-239, on file in the office of the City Clerk of the City of Rancho Cucamonga, which have been further described in the legal description which is attached hereto, marked Exhibit "A" and shown on the attached plat marked Exhibit "B" and by reference made a part thereof. SECTION 3: That the subject vacation shall be subject to the reservations and Page 87 exceptions, if any, for existing utilities on record. SECTION 4: That from and after the date the resolution is recorded, said excess offer of dedication no longer constitutes an offer of dedication for public use and right-of-way that the City may accept. SECTION 5: That the City Clerk shall cause a certified copy of this resolution to be recorded in the office of the County Recorder of San Bernardino County, California. SECTION 5: That the City Clerk shall certify to the passage and adoption of this resolution, and it shall thereupon take effect and be in force. APPROVED and PASSED this day of 2019. 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 , 2019, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Dated: JANICE C. REYNOLDS, City Clerk Page 88 ATTACHMENT 3 \1-23q EXHIBIT "A" LEGAL DESCRIPTION THE FOLLOWING DESCRIBED REAL PROPERTY IS SITUATED IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING THAT PORTION OF PARCEL MAP No. 3402, AS PER PLAT RECORDED IN BOOK 35, PAGES 15 AND 16, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTH OF PARCEL No. 2 AND LYING EAST OF THE NORTHERLY EXTENSION OF THE WEST LINE OF PARCEL No. 2, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF PARCEL 2, AS SHOWN ON PARCEL MAP 3402, AS PER MAP RECORDED IN BOOK 35, PAGES 15 THROUGH 16, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE, ALONG THE NORTH LINE OF SAID PARCEL 2, NORTH 89°56'00" EAST 216.14 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, AND HAVING A RADIUS OF 20.00 FEET; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 89-27'15" AN ARC LENGTH OF 31.23 FEET, TO A POINT OF CUSP ON THE WESTERLY RIGHT-OF-WAY LINE OF ARCHIBALD AVENUE, AS SHOWN ON SAID PARCEL MAP 3402; THENCE, ALONG SAID RIGHT-OF-WAY LINE, NORTH 00°36'45" WEST 49.81 FEET; THENCE, LEAVING SAID RIGHT-OF-WAY, PARALLEL TO SAID NORTH LINE, SOUTH 89°56'00" WEST 235.86 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY PROLONGATION OF THE WEST LINE OF SAID PARCEL 2; THENCE, ALONG SAID PROLONGATION, SOUTH 00°26'00" EAST 30.00 FEET TO THE POINT OF BEGINNING. SAID REAL PROPERTY CONTAINING 7,161 SQ. FT., MORE OR LESS. THE ABOVE DESCRIBED REAL PROPERTY IS SHOWN ON THE MAP ATTACHED HEREWITH AND MADE A PART HEREOF, ENTITLED EXHIBIT `B". THE ABOVE DESCRIPTION WAS PREPARED UNDER MY DIRECTION. ANTHONY ARO DATE P.L.S. No. 7635 EXPIRATION DATE: 12/31/2020 Sheet 1 of 1 HARO cc CL No, 7635 Q OFC Page 89 V,231 EXHIBIT "B" N 89056'00" E 458.95' NORTH LINE/ 406.72' 52.23' LOT 4 POR. LOT 4 N.E. COR. BLOCK 8 LOT 4 M.B. 6/46 to 0 CO OA = ROAD EASEMENT PER 305/135 O.R. ©= INGRESS/EGRESS EASEMENT PER 8149/70 O.R. ©= SCE EASEMENT PER 2874/401 O.R. N 89056'00" E 407.86' 172 00' 235 86' M ti CO SHEET 1 OF 1 w Z) W Q CURVE TABLE CURVE DELTA RADIUS LENGTH TANGENT Cl 00018'00" 5769.55 30.21 15.11 C2 00036'00" 2904.93 30.42 15.21 C3 00054'00" 1950.08 30.63 15.32 C4 01°37'11" 1472.691 41.63 20.82 C5 06045'14" 1472.69 173.60 86.90 C6 89027'15" 20.00 31.23 19.81 OA = ROAD EASEMENT PER 305/135 O.R. ©= INGRESS/EGRESS EASEMENT PER 8149/70 O.R. ©= SCE EASEMENT PER 2874/401 O.R. N 89056'00" E 407.86' 172 00' 235 86' M ti CO SHEET 1 OF 1 w Z) W Q LOT 4 408.81' ( R) —LOUT -4 49.83- N 89058'30"W 458.64' - u w J Q U ORTH 0 100' 200' SCALE IN FEET PREPARED B ANTHONY HA 0, PLS 7635 I EXP. 12/31/20 No. 7635 Exp: 12-31-2020 Page 90 J PARCEL "A" ( 7,161 S.F.) ; Q II 172.00' 216.14' m N 89056'00" E �, P.O.B. 388.14'4 w II `� PARCEL 2 i 30' "' M N = N N V c coCD o II PARCEL 1 II P.M. � P.M. 3402 P.M.B. 35/15-16 A z CD zorf Z II P.M.B. 35/15-16 o L1 = N 00°3645" W 49.81' I ccm Q L2 = N 00036'45" W 81.18' o0 II O o Z L3 = N 00'26'00"W 30.00' c-4�2, L4 = N 00'26'00"W 30.00' _ I II CD B �4 C3 C2 C1 N 88 49 501 5 _ -- 103.76' — N04°35'21 'W/ / \01 °28'10"W VAR. r,N11020'35"W (R) NO2°58'10'YV / (R) !J(R) SOUTH LINE (R) LN0200410"V11 S.E. COR. LOT 4 408.81' ( R) —LOUT -4 49.83- N 89058'30"W 458.64' - u w J Q U ORTH 0 100' 200' SCALE IN FEET PREPARED B ANTHONY HA 0, PLS 7635 I EXP. 12/31/20 No. 7635 Exp: 12-31-2020 Page 90 DATE: November 6, 2019 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Hannah Mac Kenzie, Management Aide, Economic Development Ruth Cain, CPPB, Procurement Manager SUBJECT: CONSIDERATION TO ALLOW RICHARD WIGHTMAN CONSTRUCTION INC. TO EXCEED THE $100,000 PROCUREMENT THRESHOLD FOR WORK PERFORMED UNDER THE CITY'S HOME IMPROVEMENT PROGRAM FOR FISCAL YEAR 2019/2020. RECOMMENDATION: Staff recommends the City Council approve Richard Wightman Construction Inc. to exceed the $100,000 spending limit while new bid documents and specifications are created for the City's Home Improvement Program. BACKGROUND: The City's Home Improvement Program uses HUD issued Community Development Block Grants to provide repair work to low-income qualified residents. Richard Wightman Construction Inc. has been a contractor for the program since March of 2018. After contacting over 60 area contractors, the program remains without a steady availability of willing and qualified general contractors. Due to the combination of a high volume of approved grant recipients and a construction boom leading to a lack of available contractors, the construction services of this company is required to maintain excellent customer service and accommodate the needs of the program. Specifications have been provided to the Procurement Division in order to prepare a Request for Qualifications (RFQ) to broaden the list of program contractors. ANALYSIS: Planning provided a detailed Scope of Services to the Procurement Division for the purposes of creating a qualified vendor list for contractors on an as needed basis for various rehabilitation projects within the scope of the Home Improvement Program guidelines. A formal Request for Qualifications is forthcoming and will establish a list of contractors who will be rotated through for future qualified Home Improvement Program projects. Currently Richard Wightman Construction Inc. is the most responsive vendor providing the best value. Therefore, staff recommends City Council extend the spending limits while new bid documents and specifications are created for the Home Improvement Program. Page 91 FISCAL IMPACT: The Home Improvement Program is funded by Community Development Block Grants (CDBG) issued by the Department of Housing and Urban Development (HUD). This spending limits extension will allow the City to continue administering the grant funding. Funds from account 12043145650/12302040 are budgeted annually for the Home Improvement Program. COUNCIL GOAL(S) ADDRESSED: By extending the purchasing limits for Richard Wightman Construction, the City contributes to the goal of enhancing premier community status by reducing blight through the Home Improvement Program. Page 92 DATE: November 6, 2019 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Anne McIntosh, Planning Director Tabe van der Zwaag, Associate Planner SUBJECT: CONSIDERATION TO MODIFY MILLS ACT CONTRACT CO 00-086 RELATED TO THE SUBDIVISION OF A 3.04 -ACRE PROJECT SITE (SUBTPM19855) INTO 4 PARCELS OF LAND FOR THE FUTURE DEVELOPMENT OF 3 SINGLE-FAMILY RESIDENCES (WITH THE EXISTING HISTORIC RESIDENCE ON PARCEL #4) AT 9611 HILLSIDE ROAD, APN: 1061-571-01. RECOMMENDATION: Staff recommends that the City Council approve DRC2019-00608, modifying Mills Act Contract CO 00- 86. BACKGROUND: On November 15, 2000, the City Council approved Historic Landmark Designation 00-02 along with a related Mills Act contract (CO 00-086) for the subject single-family residence and property (Grandma Issak House). On July 10, 2019, the Planning Commission approved Tentative Parcel Map SUBTPM19855, for the subdivision of a historically designated 3.04 -acre parcel of land into 4 parcels of land. The historically designated Grandma Issak House will be preserved in place on Parcel #4. The Historic Preservation Commission, at that same meeting, also approved Certificate of Appropriateness DRC2016-00291, determining that the subdivision of the subject property would not negatively impact the historical designation of the Grandma Issak House and property. The subdivision of the project necessitates modifying the approved Mills Act contract with the updated legal description of the newly subdivided parcel (Parcel #4 - 22,059 square feet) and the new property owner information. ANALYSIS: The 3.04 -acre project site is located on the south side of Hillside Road, approximately 540 feet west of Archibald Avenue. The project site is generally rectangular in shape and is approximately 328 feet from east to west and 377 feet from north to south. Onsite grades generally slope from north to south, with an elevation change of approximately 33 feet from the north property line (1,865 feet) to the south property line (1,832 feet). A historically designated single-family residence (Grandma Issak House) is located at the northwest corner of the project site along with a non -historic storage building and stone wall. The remainder of the project site is undeveloped and covered with native and non-native grasses along with a Eucalyptus windrow located along the west and south property lines. The existing Land Use, General Plan and Zoning Designations for the project site and adjacent properties are as follows: Page 93 The Mills Act is a state law that allows cities to enter into contracts with the owners of historic structures for the purpose of preservation, rehabilitation, and maintenance of designated historic resources. The Mills Act provides property tax incentives in exchange for a commitment to specific repair, restoration, or rehabilitation improvements and satisfactory maintenance of the property. The contract shall include, but not be limited to, the contract provisions required under state law and shall extend for a minimum period of ten years, renewed annually, until and unless a notice of nonrenewal or cancellation is filed. The approval of Tentative Parcel Map 19855 by the Planning Commission on July 10, 2019 necessitates that the existing Mills Act contract, which was approved by the City Council on November 15, 2000, be modified with the new legal description for the Grandma Issak House (Parcel #4) and the new property owner information. Attached is the modified Mills Act contract drafted by the City attorney. The applicant submitted a Historic Survey of the Grandma Issak House (Daly & Associates; April 26, 2016) and property as part of the review of Tentative Parcel Map SUBTPM19855 and Certificate of Appropriateness DRC2016-00291. The survey was requested to determine whether the subdivision of the subject property would negatively impact the Historic Landmark Designation of the house and property . The survey determined that the Grandma Issak House has undergone alterations since the City's Historic Landmark Determination on November 15, 2000. A number of these changes were not consistent with the Secretary of the Interior's recommendations for the Treatment of Historic Properties. Staff met with the applicant to discuss the findings of the report and the repercussions of the alterations to an existing historic landmark, including potential removal of the local landmark designation and Mills Act contract termination. The applicant informed staff that the changes to the structure were made by the previous property owner and that they wished to maintain the historic landmark designation and did not want to terminate the Mills Act contract. The applicant was directed by staff to consult with Daly and Associates or another historic preservationist to determine the measures necessary to restore/replace the architectural elements that had been removed. Subsequently, the applicant contracted with Rincon Consultants to review the report by Daly and Associates and to make recommendations for restoring the Grandma Issak House. Rincon Consultants, Inc. prepared a memorandum (April 4, 2019) identifying improvements to the Grandma Issak House that would evoke the residence's original character and architectural style, while retaining the remaining historic fabric. The memorandum provided a number of recommendations to assist in restoring the historic character of the structure (see Exhibit E for copy of memorandum). The approval of Certificate of Appropriateness DRC2016-00291 included a condition of approval requiring that the recommendations made by Rincon Consultants, Inc. be completed prior to final map approval. Based on the report by Daly and Associates (April 26, 2016), and the changes recommended by Rincon Consultants, Inc., the Historic Preservation Commission determined that the subdivision of the Page 94 Land Use General Zoning Plan Single -Family Very Low (VL) Residential Site Residence Very Low District (Grandma Issak House) North Single -Family Very Low Very Low (VL) Residential Residence District South Single -Family Very Low Very Low (VL) Residential Residences District East Single -Family Very Low Very Low (VL) Residential Residences District West Single -Family Very Low Very Low (VL) Residential Residences District The Mills Act is a state law that allows cities to enter into contracts with the owners of historic structures for the purpose of preservation, rehabilitation, and maintenance of designated historic resources. The Mills Act provides property tax incentives in exchange for a commitment to specific repair, restoration, or rehabilitation improvements and satisfactory maintenance of the property. The contract shall include, but not be limited to, the contract provisions required under state law and shall extend for a minimum period of ten years, renewed annually, until and unless a notice of nonrenewal or cancellation is filed. The approval of Tentative Parcel Map 19855 by the Planning Commission on July 10, 2019 necessitates that the existing Mills Act contract, which was approved by the City Council on November 15, 2000, be modified with the new legal description for the Grandma Issak House (Parcel #4) and the new property owner information. Attached is the modified Mills Act contract drafted by the City attorney. The applicant submitted a Historic Survey of the Grandma Issak House (Daly & Associates; April 26, 2016) and property as part of the review of Tentative Parcel Map SUBTPM19855 and Certificate of Appropriateness DRC2016-00291. The survey was requested to determine whether the subdivision of the subject property would negatively impact the Historic Landmark Designation of the house and property . The survey determined that the Grandma Issak House has undergone alterations since the City's Historic Landmark Determination on November 15, 2000. A number of these changes were not consistent with the Secretary of the Interior's recommendations for the Treatment of Historic Properties. Staff met with the applicant to discuss the findings of the report and the repercussions of the alterations to an existing historic landmark, including potential removal of the local landmark designation and Mills Act contract termination. The applicant informed staff that the changes to the structure were made by the previous property owner and that they wished to maintain the historic landmark designation and did not want to terminate the Mills Act contract. The applicant was directed by staff to consult with Daly and Associates or another historic preservationist to determine the measures necessary to restore/replace the architectural elements that had been removed. Subsequently, the applicant contracted with Rincon Consultants to review the report by Daly and Associates and to make recommendations for restoring the Grandma Issak House. Rincon Consultants, Inc. prepared a memorandum (April 4, 2019) identifying improvements to the Grandma Issak House that would evoke the residence's original character and architectural style, while retaining the remaining historic fabric. The memorandum provided a number of recommendations to assist in restoring the historic character of the structure (see Exhibit E for copy of memorandum). The approval of Certificate of Appropriateness DRC2016-00291 included a condition of approval requiring that the recommendations made by Rincon Consultants, Inc. be completed prior to final map approval. Based on the report by Daly and Associates (April 26, 2016), and the changes recommended by Rincon Consultants, Inc., the Historic Preservation Commission determined that the subdivision of the Page 94 project site into 4 parcels of land would not result in a significant adverse impact to the historical resource. The subdivision of the project site and the construction of the new cul-de-sac access road will improve public access the Grandma Issak House, which is presently hidden behind a 6 -foot -high block wall. The placement of a landmark designation plaque along the public right-of-way will provide the public with information on the historic significance of the residence, its original inhabitants and their place in the early history of what is now the city of Rancho Cucamonga. FISCAL IMPACT: A Mills Act contract reduces the property tax liability of historic structures for the purpose of preservation, rehabilitation, and maintenance of designated historic resources. The City, in turn, receives a reduced sum of property taxes on the historic structure compared to other single-family residences of similar value in the City. In this case, though, the subdivision (SUBTPM19855) of the subject historic resource into 4 parcels of land will result in 3 new parcels of land that will not be covered by the existing Mills Act contract. The 3 new parcels of land will be assessed property taxes based on the current property tax rate of 1 percent of the accessed value at the time the final subdivision map is recorded. The property tax base of these 3 parcels will be adjusted upwards in the future when single- family residences are constructed on the subject parcels of land. COUNCIL GOAL(S) ADDRESSED: The modification of the existing Mills Act contract for the Grandma Issak House will enhance the City's premier community status by assisting in the preservation of a historic landmark which will, in turn, enhance the City's housing stock by preserving housing constructed at the various phases of the City's development. ATTACHMENTS: Description Attachment A - City Council Staff Report 00-02, Dated November 15, 2000 Attachment B - City Council Resolution of Approval 00-242, Dated November 15, 2000 Attachment C - Planning Commission Staff Report SUBTPM19855, Dated July 10, 2019 Attachment D - Planing Commission Resolution of Approval 19-42, dated July 10, 2019 Attachment E - Historic Preservation Commission Staff Report DRC2016-00291, Dated July 10, 2019 Attachment F - Historic Preservation Commission Resolution of Approval 19-01, Dated July 10, 2019 Attachment G - Mills Act Contract CO -086 and Mills Act First Amendment CO 00-86 Attachment H - Mills Act Second Amendment Page 95 � Attachment A # ,t 4� the _ ci.ty of Rancho Cucamonga �r6 rewll DATE: November 15, 2000 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY: Shonda Bello, Planning Aide SUBJECT: HISTORIC LANDMARK DESIGNATION 00-02 — KIMBERLY AND JAY POCOCK - An application to designate the Grandma Issak House and property as an Historic Landmark, located at 9611 Hillside Road - APN: 1061-571-01. Related File: Mills Act Agreement 00-01. MILLS ACT AGREEMENT 00-01 — KIMBERLY AND JAY POCOCK — A request to implement the use of the Mills Act to reduce property tax on the Grandma Issak House located at 9611 Hillside Road - APN: 1061-571-01. Related File: Landmark Designation 00-02. RECOMMENDATION: Approval of Landmark Designation 00-02 by adoption of the attached Resolution and authorize the Mayor to sign the Historic Property Preservation Agreement as unanimously recommended by the Historic Preservation Commission and staff. BACKGROUND/ANALYSIS: The Grandma Issak House is built on a large parcel of land originally owned by Captain Peter Demens and James Haag. About 1910, Abraham K. Toews and his family moved to the area, buying part of this large parcel from Captain Demens. Grandma Issak, the mother of Mrs. Toews, purchased 11 acres directly to the west of her family, where she lived for many years. The Toews family contributed greatly to the neighborhood of primarily Russian Immigrants and prominent citizens. (The Thorpes to the west, Captain Demens to the north, the Toews and Cherbaks to the east and the Krystos to the south). The subject site and structure certainly qualify for landmark designation based upon much of the criteria from the City's Historic Preservation Ordinance, including such significant areas as historical, cultural, architectural, and neighborhood and geographic setting. Details concerning Page 96 CITY COUNCIL STAFF REPORT LD 00-02 - KIMBERLY AND JAY POCOCK November 15, 2000 Page 2 these areas of significance are contained in the "Facts for Finding" section of the attached Staff Report and Resolution dated October 11, 2000 (See Exhibit "A"). Respectfully Submitted, Brad Buller City Planner BB:SBIma Attachments: Exhibit "A" - Historic Preservation Commission Staff Report dated October 11, 2000 Exhibit "B" - Historic Preservation Commission Minutes dated October 11, 2000 Exhibit "C" - Site Plan Resolution Recommending Approval of Landmark Designation 00-02 Page 97 T H E C I T Y O F DAN CHO CUCAM ONGA jrj rr, >t• DATE: October 11, 2000 TO: Chairman and Members of the Historic Preservation Commission FROM: Brad Buller, City Planner BY: Shonda Bello, City Planning Aide SUBJECT HISTORIC LANDMARK DESIGNATION 00-02 — KIMBERLY AND JAY POCOCK — An application to designate the Grandma Isaak House and property as a Historic Landmark, located at 9611 Hillside Road. — APN: 1061-571-01. Related File: Mills Act Agreement 00-01. MILLS ACT AGREEMENT 00-01 - KIMBERLY AND JAY POCOCK - A request to implement the use of the Mills Act to reduce property tax on the Grandma Isaak house, a historic landmark located at 9611 Hillside Road. — APN: 1061-571-01. Related File: Landmark Designation 00-02. BACKGROUND A. Historical Significance: The land and structure at 9611 Hillside Road, known as "Grandma Isaak's House" has been connected with some of the great pioneers of the lomosa 1 Alta Loma community (Exhibit "A") Captain Peter Demens owned the property from 1901-1910. He was a prominent member of the lomosa community, as he was extremely influential in bringing the Pacific Electric Railway farther north through the community. He was a Russian nobleman, who with his family, emigrated from Russia because of the unstable Russian government. Captain Demens was also influential in encouraging other Russian immigrants, such as the Cherbaks, and the Krystos to settle in lomosa. James Haag owned the property with Captain Demens from 1902-1910. He was a member of the school board in the early 1900s and one of the first settlers in the Iowa Tract. His ranch, which consisted of 10 acres was sold to Abraham K. Towes (pronounced 'Tayes"). In 1910, Abraham K. Toews bought the 10 -acre piece of land from Mr. Haag. The Toews family was one of many influenced by Captain Demens to settle in lomosa. The Toews family was part of the large group of Mennonite settlers who came to the area in &W14 9 ff I I 4N oil Page 98 HISTORIC PRESERVATION COMMISSION STAFF REPORT LD 00-02, MA 00-01 - POCOCK October 11, 2000 Page 2 search of religious freedom. Mr. Toews gradually increased his small 10 -acre ranch to 90 acres. He is also known for being one of the first ranchers to purchase an automobile, a 1913 Studebaker. Finally, Grandma Isaak, for whom the house is named (the mother of Mrs. Toews) moved from Upland to lomosa to be closer to her family. She purchased the 11 acres of land directly adjoining the West Side of the Toews family ranch. Her presence added to the neighborhood of primarily Russian immigrants and prominent citizens; Captain Peter Demens to the north, the Toews and Cherbaks to the east, the Thorpes to the west, and the Krystos to the south. After Grandma Isaak's passing, members of the Toews family continued to live in the house until 1944 when it was sold to Carlton and Bernice Grover. Carlton is remembered as a rancher, and Bernice is remembered as giving the children in the neighborhood piano and ballet lessons. The property is also bordered to the south and to the west with windrows of Eucalyptus Trees used for protection from the wind. These trees served as windbreaks, protecting the structure and citrus during windstorms as well as providing a property boundary. In conclusion, the house at 9611 Hillside is significant to the City of Rancho Cucamonga because it has witnessed the growth and changes from a small agricultural community to a blossoming civic center, as well as the great number of contributions made by its residents. B. Site Characteristics: The site follows a 7-8% grade. It is comprised of only 3 acres of the original 11 -acre site. It is immediately surrounded by Very -Low density residential (2 dwelling per acre). The home retains its setting because of the large set back from Hillside Road to the north. A unique feature associated with the site is the Eucalyptus windbreak, which borders the house to the west, and to the south (Exhibit "B"). ANALYSIS A. General: A one and one half story structure resting on a raised basement, the house at 9611 Hillside Road is square in plan with an addition to the north-west side. The roof has a high gable. A dormer unit with gable overhang is visible from the south side. A composite shingle roof caps the main portion of the house as well as the addition. Wide shiplap siding sheaths a wood frame structural system. End boards are visible at the building corners. The room addition on the northwest side is board and batton exterior. An open veranda extends across the front (south side) of the structure. The raised basement is faced with fieldstone to the south (it is not visible to the north due to the slope of the site), and bound with a cement mortar. The home is representative of several architectural trends. It incorporates prominent details from the Colonial Revival, as well as masonry construction that were popular around 1905. Most notable among its design accents is the open veranda. The veranda column bases are fieldstone with squared posts supporting the roof. The flooring material is 24 -inch by 24 -inch concrete tiles. The steps up to the veranda are concrete. The front windows are large Conrail Page 99 HISTORIC PRESERVATION COMMISSION STAFF REPORT LD 00-02, MA 00-01 - POCOCK October 11, 2000 Page 3 panes with transom, wood lintel, molding and lugsill. The front door is wood with an oval glass panel and ornate carving. The gabled roof is constructed with knee braces and decorated verge board consisting of a wooden arch. Concrete finished chimney on the south- West Side of the main unit has been finished to look like adobe. Weathered brick is embedded in the chimney in the form of a'7. Weathered brick is also present on the shoulders of the chimney. There are no secondary structures. The property surrounding the home is in the process of being landscaped. Eucalyptus trees border the property on the south and west property line. These trees served as windbreaks, which protected the structure and citrus during windstorms as well as providing natural property boundaries. It contributes to the history of the local area as a reminder of the many Russian immigrants who inhabited the area at the turn of the 19th century. The integrity of the house is intact with the only (recent) alteration being the board and batton room addition to the north west side of the structure (circa est. 1950-1960). B. Landmark Designation: The subject site and structure certainly qualify for landmark designation based upon much of the criteria from the City's Historic Preservation Ordinance including such significant areas as; historical, cultural, architectural, and neighborhood and geographic setting. Details concerning these areas of significance are contained in the Facts for Finding section. The requested designation area includes the subject lot, residence, and rows of Eucalyptus trees used for protection from the wind. C. Mills Act Agreement: In accordance with City policy, the owner has requested a Mills Act Agreement. The Agreement Schedule List of Improvements has been drafted and reviewed and is attached for reference. The concept of the Mills Act program is to provide an incentive for the property owner to protect and preserve the property by retaining its characteristics of historical significance. This intent is encouraged through the reduction of property taxes, thus enabling the property owner to reinvest the money saved from the reduced property tax on improvements. The properties that enter into the agreement are to be inspected by City staff on an annual basis to determine whether notable progress has been made in rehabilitating the property. Staff estimates the property tax savings to the owner could be as much as $2,203.21. The exact amounts are dependent upon the county Assessor's property valuation, which is based on income potential and capitalization rate at the time of assessment (Exhibit "C"). D. Environmental Assessment: The project is categorically exempt under Class 1.d of the guidelines for the California Environmental Quality Act. FACTS FOR FINDING: A. Historical and Cultural Significance: Findingl: The proposed landmark is particularly representative of an historical period, type, style, region, or way of life. Page 100 HISTORIC PRESERVATION COMMISSION STAFF REPORT LD 00-02, MA 00-01 - POCOCK October 11, 2000 Page 4 Factls: The property identifies a historic period of the early 1900s when a large number of Russians emigrated from Russia due to religious persecution. Finding2: The proposed landmark is an example of a type of building, which was once common but is now rare. Facts: The residence retains the architectural character of the Colonial Revival period, and exhibits evidence of masonry construction that was popular circa 1905. Finding3: The proposed landmark is of greater age than most of its kind. Facts: The landmark eligible property is approximately 100 years old. The structure is approximately 85 years old. Finding4: The proposed landmark was connected with someone renowned or important or a local personality. Facts: The property was owned by Katharina Issak, mother of Mrs. Abraham K. Toews. The Toews family was Russian immigrants who contributed greatly to the Russian and Mennonite communities. Findings: The proposed landmark is connected with a business or use, which was once common but is now rare. Facts: The residence, and rows of Eucalyptus trees are reminiscent of the citrus industry, and ranching that was once a common business and land use in the Rancho Cucamonga area. B. Historic Architectural and Engineering Significance. Findings: The construction materials or engineering methods used in the proposed landmark are unusual, significant, or uniquely effective. Facts: The engineering methods such as the open veranda, and the decorated verge board consisting of a wooden arch are unusual and uniquely effective in keeping the character of the structure. The fieldstone facing is a unique material and is not usually found in architecture and engineering in the homes of today. Finding 2: The overall effect of the design of the proposed landmark is beautiful, or its details and materials are beautiful or unusual. Facts: The open veranda, decorated verge board consisting of a wooden arch, and fieldstone facing reinforce the style commonly found in grove houses of the early 1900s. Page 101 HISTORIC PRESERVATION COMMISSION STAFF REPORT LD 00-02, MA 00-01 - POCOCK October 11, 2000 Page 5 Facts: Site orientation (to the south) adds to the rarity of the proposed landmark. C. Neighborhood and Geographic Setting. Finding 1: The proposed landmark materially benefits the historic character of the neighborhood. Facts: The immediate vicinity of Archibald Avenue and Hillside Road exhibits two other historical resources, the Demens Tolstoy House and the Toews House. The proposed landmark contributes to the variety of architectural trends throughout the Rancho Cucamonga area from the early 1900s and historical continuity of the neighborhood. CORRESPONDENCE: The Historic Landmark designation was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were sent to all property owners within 300 feet of the project site. RECOMMENDATION: Staff recommends that the Historic Preservation Commission adopt the attached Resolution recommending approval of Historic Landmark Designation 00-02 and Mills Act Agreement 00-01. Respectfully submitted, Brad Buller, City Planner BB:SB/Is Attachments: Exhibit "A"— Photograph of Residence Exhibit "B" —Photograph of Eucalyptus Trees Exhibit "C" — Agreement Schedule, List of Improvements Resolution Recommending Approval for Landmark Designation 00-02 Page 102 -�` ,'-k r' �' � - �, ^� �".'� .. * ;� ' � ,,, •ter - jr �+i�i�l./ +cr.'s. V a[ .x, . .. =. _ .`� �• ti.p � , . 7 - IL ' �+e, �i'�;}4#�,,�wt'4a �•�,+^�:.�, �'•w ! V ti1.. 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' e•�::, - .r "�+'...=..a :w ��.• .-C�,1•r►!r - .r wp:7..F,:irY.'�!"�`R,,y:�� S� r'-'_�o��ry�� a: fF-• c 1 _`."J+ .» P�_ .. r''rj` YY-rv_'#T v"7�;.._ .ti.vf,:•±',,,r \F�+,.a 'y�1„'.R: `. �.,, 1."��' +. `A...+. �- —. .va- A•..�� !1:f pk•..T: -r x. y ....+�"+�i '•?''� .e••ri .1+..7t*` ✓• __"'aT*•..� S•i"! �.%+� F1 City of Rancho Cucamonga Historic Preservation Commission MILLS ACT AGREEMENLSSIRELEMENTAL: (To be completed by the Applicant) Potential Structure 1 Property Improvement Time - Line Please list the improvements which are intended to take place over the next 10 years. List them in order of owner's priority. YEAR IMPROVEMENT 2000 Remodel Downstairs Bathroom 2001 Remodel / Repair Upstairs Bathroom 2002 Paint Entire Downstairs Area 2003 Add 3,000-4,000 Sy.Ft. to Existing Structure 2003 New Roof 2005 Install Central Heating and Air Conditioning 2006 Paint Exterior 2007 Repair Structural Support of Upstairs Floor 2008 Remodel Master Bedroom and Bath 2009 Plant Vineyards (1 acre) ... t.. ;s.a�;ta: xtiwca6:r ... ..b4s�FA�o-sa-�0, .. ... %o-''.,'�::.:::., .,. I certify that I am presently the legal owner of supplemental info tion on this form will be Agreement. Date: Signature: ject property. an exhibit at the Page 105 NO RESOLUTION NO. 00-02 A RESOLUTION OF THE HISTORIC PRESERVATION COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF HISTORIC LANDMARK 00-02 TO DESIGNATE THE GRANDMA ISAAK HOUSE AS A LANDMARK, LOCATED AT 9611 HILLSIDE ROAD, AND MAKING FINDINGS IN SUPPORT THERE OF — APN: 1061-157-01. A. Recitals. 1. Kimberly and Jay Pocock tiled an application for a Landmark, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Landmark Designation request is referred to as "the application." 2. On October 11, 2000, the Historic Preservation Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 3. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW THEREFORE, it is hereby found, determined, and resolved by the Historic Preservation Commission of the City of Rancho Cucamonga as follows: 1. This commission here by specifically finds that all of the facts set forth in the Recitals, Part "A" of this Resolution are true and correct. 2. The application applies to approximately 3 acres of land, a rectangular configuration located at 9611 Hillside Road. 3. Based upon substantial evidence presented to this Commission during the above - referenced public hearing on October 11, 2000, including written and oral staff reports, togetherwith public testimony, and pursuant to Section 2.24.090 of the Rancho Cucamonga Municipal Code, this Commission hereby makes the following findings and facts. a. Historical and Cultural Significance: Finding 1: The proposed landmark is particularly representative of an historical period, type, style, region, or way of life. Factls: The property identifies a historic period of the early 1900s when a number of Russians emigrated from Russia due to religious persecution. Finding2: The proposed landmark is an example of a type of building, which was once common but is now rare. Factls: The residence retains the architectural character of the Colonial Revival period and exhibits evidence of the masonry construction that was popular circa 1905. Page 106 HISTORIC PRESERVATIUN RESOLUTION NO. 00-02 LD 00-02 - POCOCK October 11, 2000 Page 2 Finding 3: The proposed landmark is of greater age than most of its kind. Factls: The landmark eligible property is approximately 100 years old. The structure is approximately 85 years old. Finding 4: The proposed landmark was connected with someone renowned or important or a local personality. Facts: The property was owned by Katharina Issak, mother of Mrs. Abraham K. Toews. The Toews family was Russian immigrants who contributed greatly to the Russian and Mennonite communities. Findings: The proposed landmark is connected with a business or use, which was once common but is now rare. Fact/s: The residence, and rows of Eucalyptus trees are reminiscent of the citrus industry and ranching that was once a common business and use for land in the Rancho Cucamonga area. b. Historic Architectural and Engineering Significance. Finding 1: The construction materials or engineering methods used in the proposed landmark are unusual, significant, or uniquely effective. Facts: The engineering methods such as the open veranda, and the decorated verge board consisting of a wooden arch, are unusual and uniquely effective in keeping the character of the structure. The fieldstone facing is a unique material and is not usually found in architecture and engineering in the homes of today. Finding 2: The overall effect of the design of the proposed landmark is beautiful, or its details and materials are beautiful or unusual. Facts: The open veranda, decorated verge board consisting of a wooden arch, and fieldstone facing reinforce the style commonly found in grove houses of the early 1900s. Fact/s: Site orientation (to the south) adds to the rarity of the proposed landmark. C. Neighborhood and Geographic Setting Finding 1: The proposed landmark materially benefits the historic character of the neighborhood. Facts: The immediate vicinity of Archibald Avenue and Hillside exhibits two other historical resources, the Demens Tolstoy House and the Toews House. The proposed landmark contributes to the variety of architectural trends throughout the Rancho Cucamonga area from the early 1900s and historical continuity of the neighborhood. Page 107 HISTORIC PRESERVATIGIJ RESOLUTION NO. 00-02 LD 00-02 - POCOCK October 11, 2000 Page 3 4. This Commission hereby finds that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970, as Landmark Designations are exempt under CEQA, per Article 19, Section 15308. 5. Based upon the findings and conclusions set forth in paragraph 1, 2, 3, and 4 above, this Comtnission hereby resolves that pursuant to Chapter 2.24 of the Rancho Cucamonga Municipal Code, the Historic Preservation Commission of the City of Rancho Cucamonga hereby recommends approval to the City Council on the 11th day of October 2000, of the Landmark Application. 6. The Chairman of this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 11TH DAY OF OCTOBER 2000. HISTORIC PRESERVATION COMMISSION OF THE CITY OF RANCHO CUCAMONGA. BY I, Brad Buller, Secretary of the Historic Preservation Commission of the City of Rancho Cucamonga, do hereby certify that the forgoing Resolution was duly and regularly introduced, passed, and adopted by the Historic Preservation Commission of the City of Rancho Cucamonga, at a regular meeting of the Historic Preservation Commission held on the 11 th day of October 2000, by the following vote -to -wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE Page 108 DRAFT - FOR DISCUSSION ONLY CITY OF RANCHO CUCAMONGA HISTORIC PRESERVATION COMMISSION MINUTES Regular Meeting October 11, 2000 Chairman McNiel called the Regular Meeting of the City of Rancho Cucamonga Historic Preservation Commission to order at 7:00 p.m. The meeting was held in the Council Chamber at Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Chairman McNiel then led in the pledge of allegiance. ROLL CALL COMMISSIONERS: PRESENT: Rich Macias, John Mannerino, Lary McNiel, Pam Stewart, Peter Tolstoy ABSENT: None STAFF PRESENT: Shonda Bello, Planning Aide; Brad Buller, City Planner, Dan Coleman, Principal Planner; Kirt Coury, Associate Planner; Kevin Ennis, Assistant City Attorney; Nancy Fong, Senior Planner; Dan James, Senior Civil Engineer, Brent Le Count, Associate Planner; Gail Sanchez, Planning Commission Secretary; Alan Warren, Associate Planner ANNOUNCEMENTS There were no announcements. APPROVAL OF MINUTES Motion: Moved by Mannerino, seconded by Macias, carried 40-1 (Tolstoy abstain), to approve the minutes of August 23, 2000. CONSENT CALENDAR A. MILLS ACT AGREEMENT 00-01- KIMBERLY AND JAY POCOCK- A request to implement the use of the Mills Act to reduce property tax on the Grandma Isaak House, a Designated Historic Landmark located at 9611 Hillside Drive - APN: 1061-571-01. Related File: Landmark Designation 00-02. PUBLIC HEARINGS B. HISTORIC LANDMARK DESIGNATION 00-02 -KIMBERLY AND JAY POCOCK- An application to designate the Grandma Isaak House and property as an Historic Landmark, located at 9611 Hillside Drive - APN: 1061-571-01- Related File: Mills Act Agreement 00-01. Exb.6.f °,8,• Page 109 DRAFT - FOR DISCUSSION ONLY Shonda Bello, Planning Aide, presented the staff report. Commissioner Tolstoy congratulated Ms. Bello on the historical research for the report. Chairman McNiel opened the public hearing, but there was no testimony. Motion: Moved by Tolstoy, seconded by Mannerino, to recommend approval of Mills Act Agreement 00-01 and adopt the resolution recommending approval of Historic Landmark Designation 00-02. Motion carried by the following vote: AYES: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: NONE - carried PUBLIC COMMENTS Anwar Shah, 7050 Newton Place, Rancho Cucamonga, congratulated the Historic Preservation Commission on its decision. COMMISSION BUSINESS There was no additional Commission business. ADJOURNMENT Motion: Moved by Stewart, seconded by Mannerino, carried 5-0, to adjourn. The Planning Commission adjourned at 7:06 p.m. Respectfully submitted, Brad Buller Secretary Historic Preservation Commission Minutes m2- October 11, 2000 Page 110 P. I T H E C I T Y O F RANCHO CUCAMONGA I� ti r. � � • • DATE: October 11, 2000 TO: Chairman and Members of the Historic Preservation Commission FROM: Brad Buller, City Planner BY: Shonda Bello, City Planning Aide SUBJECT HISTORIC LANDMARK DESIGNATION 00-02 — KIMBERLY AND JAY POCOCK — An application to designate the Grandma Isaak House and property as a Historic Landmark, located at 9611 Hillside Road. — APN: 1061-571-01. Related File: Mills Act Agreement 00-01. MILLS ACT AGREEMENT 00-01 - KIMBERLY AND JAY POCOCK - A request to implement the use of the Mills Act to reduce property tax on the Grandma Isaak house, a historic landmark located at 9611 Hillside Road. — APN: 1061-571.01. Related File: Landmark Designation 00-02. BACKGROUND A. Historical Significance: The land and structure at 9611 Hillside Road, known as "Grandma Isaak's House" has been connected with some of the great pioneers of the lomosa 1 Alta Loma community (Exhibit "A") Captain Peter Demens owned the property from 1901-1910. He was a prominent member of the lomosa community, as he was extremely influential in bringing the Pacific Electric Railway farther north through the community. He was a Russian nobleman, who with his family, emigrated from Russia because of the unstable Russian government. Captain Demens was also influential in encouraging other Russian immigrants, such as the Cherbaks, and the Krystos to settle in lomosa. James Haag owned the property with Captain Demens from 1902-1910. He was a member of the school board in the early 1900s and one of the first settlers in the Iowa Tract. His ranch, which consisted of 10 acres was sold to Abraham K. Towes (pronounced "Tayes"). In 1910, Abraham K. Toews bought the 10 -acre piece of land from Mr. Haag. The Toews family was one of many influenced by Captain Demens to settle in lomosa. The Toews family was part of the large group of Mennonite settlers who came to the area in Page 112 HISTORIC PRESERVATION COMMISSION STAFF REPORT LD 00-02, MA 00-01 - POCOCK October 11, 2000 Page 2 search of religious freedom. Mr. Toews gradually increased his small 10 -acre ranch to 90 acres. He is also known for being one of the first ranchers to purchase an automobile, a 1913 Studebaker. Finally, Grandma Isaak, for whom the house is named (the mother of Mrs. Toews) moved from Upland to lomosa to be closer to her family. She purchased the 11 acres of land directly adjoining the West Side of the Toews family ranch. Her presence added to the neighborhood of primarily Russian immigrants and prominent citizens; Captain Peter Demens to the north, the Toews and Cherbaks to the east, the Thorpes to the west, and the Krystos to the south. After Grandma Isaak's passing, members of the Toews family continued to live in the house until 1944 when it was sold to Carlton and Bernice Grover. Carlton is remembered as a rancher, and Bernice is remembered as giving the children in the neighborhood piano and ballet lessons. The property is also bordered to the south and to the west with windrows of Eucalyptus Trees used for protection from the wind. These trees served as windbreaks, protecting the structure and citrus during windstorms as well as providing a property boundary. In conclusion, the house at 9611 Hillside is significant to the City of Rancho Cucamonga because it has witnessed the growth and changes from a small agricultural community to a blossoming civic center, as well as the great number of contributions made by its residents. B. Site Characteristics: The site follows a 7-8% grade. It is comprised of only 3 acres of the original 11 -acre site. It is immediately surrounded by Very -Low density residential (2 dwelling per acre). The home retains its setting because of the large set back from Hillside Road to the north. A unique feature associated with the site is the Eucalyptus windbreak, which borders the house to the west, and to the south (Exhibit "B"). ANALYSIS A. General: A one and one half story structure resting on a raised basement, the house at 9611 Hillside Road is square in plan with an addition to the north-west side. The roof has a high gable. A dormer unit with gable overhang is visible from the south side. A composite shingle roof caps the main portion of the house as well as the addition. Wide shiplap siding sheaths a wood frame structural system. End boards are visible at the building corners. The room addition on the northwest side is board and batton exterior. An open veranda extends across the front (south side) of the structure. The raised basement is faced with fieldstone to the south (it is not visible to the north due to the slope of the site), and bound with a cement mortar. The home is representative of several architectural trends. It incorporates prominent details from the Colonial Revival, as well as masonry construction that were popular around 1905. Most notable among its design accents is the open veranda. The veranda column bases are fieldstone with squared posts supporting the roof. The flooring material is 24 -inch by 24 -inch concrete tiles. The steps up to the veranda are concrete. The front windows are large Conrail Page 113 HISTORIC PRESERVATION COMMISSION STAFF REPORT LD 00-02, MA 00-01 - POCOCK October 11, 2000 Page 3 panes with transom, wood lintel, molding and lugsill. The front door is wood with an oval glass panel and ornate carving. The gabled roof is constructed with knee braces and decorated verge board consisting of a wooden arch. Concrete finished chimney on the south- West Side of the main unit has been finished to look like adobe. Weathered brick is embedded in the chimney in the form of a'T'. Weathered brick is also present on the shoulders of the chimney. There are no secondary structures. The property surrounding the home is in the process of being landscaped. Eucalyptus trees border the property on the south and west property line. These trees served as windbreaks, which protected the structure and citrus during windstorms as well as providing natural property boundaries. It contributes to the history of the local area as a reminder of the many Russian immigrants who inhabited the area at the turn of the 19th century. The integrity of the house is intact with the only (recent) alteration being the board and batton room addition to the north west side of the structure (circa est. 1950-1960). B. Landmark Designation: The subject site and structure certainly qualify for landmark designation based upon much of the criteria from the City's Historic Preservation Ordinance including such significant areas as; historical, cultural, architectural, and neighborhood and geographic setting. Details concerning these areas of significance are contained in the Facts for Finding section. The requested designation area includes the subject lot, residence, and rows of Eucalyptus trees used for protection from the wind. C. Mills Act Agreement: In accordance with City policy, the owner has requested a Mills Act Agreement. The Agreement Schedule List of Improvements has been drafted and reviewed and is attached for reference. The concept of the Mills Act program is to provide an incentive for the property owner to protect and preserve the property by retaining its characteristics of historical significance. This intent is encouraged through the reduction of property taxes, thus enabling the property owner to reinvest the money saved from the reduced property tax on improvements. The properties that enter into the agreement are to be inspected by City staff on an annual basis to determine whether notable progress has been made in rehabilitating the property. Staff estimates the property tax savings to the owner could be as much as $2,203.21. The exact amounts are dependent upon the county Assessor's property valuation, which is based on income potential and capitalization rate at the time of assessment (Exhibit "C"). D. Environmental Assessment: The project is categorically exempt under Class 1.d of the guidelines for the California Environmental Quality Act. FACTS FOR FINDING: A. Historical and Cultural Significance: Findingl: The proposed landmark is particularly representative of an historical period, type, style, region, or way of life. Page 114 HISTORIC PRESERVATION COMMISSION STAFF REPORT LD 00-02, MA 00-01 - POCOCK October 11, 2000 Page 4 Factls: The property identifies a historic period of the early 1900s when a large number of Russians emigrated from Russia due to religious persecution. Finding2: The proposed landmark is an example of a type of building, which was once common but is now rare. Facts: The residence retains the architectural character of the Colonial Revival period, and exhibits evidence of masonry construction that was popular circa 1905. Finding3: The proposed landmark is of greater age than most of its kind. Facts: The landmark eligible property is approximately 100 years old. The structure is approximately 85 years old. Finding4: The proposed landmark was connected with someone renowned or important or a local personality. Facts: The property was owned by Katharina Issak, mother of Mrs. Abraham K. Toews. The Toews family was Russian immigrants who contributed greatly to the Russian and Mennonite communities. Finding5: The proposed landmark is connected with a business or use, which was once common but is now rare. Facts: The residence, and rows of Eucalyptus trees are reminiscent of the citrus industry, and ranching that was once a common business and land use in the Rancho Cucamonga area. B. Historic Architectural and Engineering Significance. Findingl: The construction materials or engineering methods used in the proposed landmark are unusual, significant, or uniquely effective. Facts: The engineering methods such as the open veranda, and the decorated verge board consisting of a wooden arch are unusual and uniquely effective in keeping the character of the structure. The fieldstone facing is a unique material and is not usually found in architecture and engineering in the homes of today. Finding 2: The overall effect of the design of the proposed landmark is beautiful, or its details and materials are beautiful or unusual. Facts: The open veranda, decorated verge board consisting of a wooden arch, and fieldstone facing reinforce the style commonly found in grove houses of the early 1900s. Page 115 HISTORIC PRESERVATION COMMISSION STAFF REPORT LD 00-02, MA 00-01 - POCOCK October 11, 2000 Page 5 Facts: Site orientation (to the south) adds to the rarity of the proposed landmark. C. Neighborhood and Geographic Setting. Finding 1: The proposed landmark materially benefits the historic character of the neighborhood. Facts: The immediate vicinity of Archibald Avenue and Hillside Road exhibits two other historical resources, the Demens Tolstoy House and the Toews House. The proposed landmark contributes to the variety of architectural trends throughout the Rancho Cucamonga area from the early 1900s and historical continuity of the neighborhood. CORRESPONDENCE: The Historic Landmark designation was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were sent to all property owners within 300 feet of the project site. RECOMMENDATION: Staff recommends that the Historic Preservation Commission adopt the attached Resolution recommending approval of Historic Landmark Designation 00-02 and Mills Act Agreement 00-01. Respectfully submitted, Brad Buller, City Planner BB:SB/Is Attachments: Exhibit "A!'— Photograph of Residence Exhibit "IT'— Photograph of Eucalyptus Trees Exhibit "C" — Agreement Schedule, List of Improvements Resolution Recommending Approval for Landmark Designation 00-02 Page 116 r �s t IF 1. HAP �OG4t �q �x1�Y1J �± 'n`. �'x w',� 'r'��•s-1�� '+��'a M'+•' �i Y•:� .n �` •"A =.7 -s 1�"�\.44'� AW M nj. �.i.`� "i ��• �'� {'f :•, �' , tit y • 3 t�L•' r '' ��a t• � ��4 l � + 7. � ��L' , J,i .,`Jai .,•� ., � •, . II� �, r ,ra s ., a � •,•r . r'; ;tel' ol Za Al ' �'," ' ° ♦:�} r. `.i +►•. .� ,.�� .. _`; yr •, `',� .w �i lye* ,,.�♦ r r: ►f ' ' _' ,.�,�.1,� `� -y. _ - ,• y, ,, r ..'rt • • .7 A �• •} a ori i, -j� • moi.' `y. a�' �+/� � ...,_ rrj,•. ��i�� ',�._� W .?ry �•-�.�' ' �`•'�`�-f'- .' �!��•—, =:~.'; i.' i w�i�-:��:-�'l:{�ti �+-'- �'fri � �+ 'rte _ . f•f �4� �i+.�f � � - / -+ r i _ j: /.'� s'��x�{Y�r. L.� ,• F .'�1;,� ��1� �•� t n e+► ��a.��'�.!p w - : I : J• '�: '• �4• . -� •, r fir. *•+ t� v �• .'�.� . i �'• +�•' • � r.�r•��)� s. �' .i'r"r •� I r', r. r'' � ^' � w r- 1 - - - �tie.�i a. �,.ryi.' .__...�• _ Yom_ . - � - -y - s _ �,7 t9 0- City of Rancho Cucamonga Historic Preservation Commission MILLS ACT AGREE SUPPLEMENTAL: (To be completed by the Applicant) Potential Structure / Property improvement Time - Line Please list the improvements which are intended to take place over the next 10 years. List them in order of owner's priority. YEAR IMPROVEMENT 2000 Remodel Downstairs Bathroom 2001 Remodel / Repair Upstairs Bathroom 2002 Paint Entire Downstairs Area 2003 Add 3,000-4,000 Sq.Ft. to Existing Structure 2003 New Roof 2005 Install Central Heating and Air Conditioning 2006 Paint Exterior 2007 Repair Structural Support of Upstairs Floor 2008 Remodel Master Bedroom and Bath 2009 Plant Vineyards (1 a re) OWNER CERTIFICATIO�:<..-w rkrA:�,..-., I certify that I am presently the legal owner of dimbiect property. Furthgo Adknowledge the supplemental info tion on this form will be sed an exhibit a c to a Mill Agreement. Date: Signature: Page 119 Attachment B RESOLUTION NO. 00-242 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING HISTORIC LANDMARK 00-02 DESIGNATING THE GRANDMA ISSAK HOUSE, LOCATED AT 9611 HILLSIDE ROAD AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 106 1-571-01. A. RECITALS. 1. Kimberly and Jay Pocock have filed an application for Landmark Designation as described in the title of this Resolution. Hereinafter in this Resolution, the subject landmark is referred to as "the application." 2. On October 11, 2000, the Historic Preservation Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and recommended approval. 3. On November 15, 2000, the City Council of the City of Rancho Cucamonga considered said application. 4. All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, it is hereby found, detemnined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part "A" of this Resolution, are true and correct. 2. The application applies to approximately 2 acres of land, a square configuration, located at 9611 Hillside Road. 3. Based upon substantial evidence presented to this Council on November 15, 2000, including written and oral staff reports, togetherwith public testimony, and pursuant to Section 2.24.090 of the Rancho Cucamonga Municipal Code, this Council hereby makes the following findings and facts: Page 120 Resolution No. 00-242 Page 2 of 4 Finding 1: The proposed landmark is particularly representative of an historic period, type, style, region, or way of life. FacVs: The property identifies an historic period of the 1900's when a large number of Russians emigrated from Russia due to religious persecution. Finding 2: The proposed landmark is an example of a type of building, which was once common, but is now rare. Facts: The residence retains the architectural character of the colonial Revival period, and exhibits evidence of masonry construction that was popular circa 1905. Finding 3: The proposed landmark is of greater age that most of its kind. Facts: The landmark eligible property is approximately 100 years old. The structure is approximately 85 years old. Finding 4: The proposed landmark was connected with someone renowned or important or a local personality. Factls: The property was owned by Katharina Issak, mother of Mrs. Abraham K. Toews. The Toews family was a family of Russian immigrants who contributed greatly to the Russian and Mennonite communities. Finding 5: The proposed landmark is connected with business or use, which was once common, but is now rare. Factls: The residence, and rows of Eucalyptus trees are reminiscent of the citrus industry, and ranching that was once a common business and land use in the Rancho Cucamonga area. Findinq 1: The construction materials or engineering methods used in the proposed landmark is unusual, significant, or uniquely effective. Factls: The engineering methods such as the open veranda and the decorated verge board consisting of a wooden arch are unusual and uniquely effective in keeping the character of the structure. The fieldstone facing is a unique material and is not usually found in architecture and engineering in the homes of today. Page 121 Resolution No. 00-242 Page 3 of 4 Finding 2: The overall effect of the design of the proposed landmark is beautiful, or its details and material are beautiful or unusual. Factls': The open veranda, decorated verge board consisting of a wooden arch, and fieldstone facing reinforce the style commonly found in grove houses of the early 1900s. Factls 2: Site orientation (to the south) adds to the rarity of the proposed landmark- • I • ■ I • f • I •IICTMV—ItI• 4 k • Finding 1: The proposed landmark materially benefits the historic character of the neighborhood. Fact/s: The immediate vicinity of Archibald Avenue and Hillside Road exhibits two other historical resources, the Demens-Tolstoy House and the Toews House, The proposed landmark contributes to the variety of architectural trends throughout the Rancho Cucamonga area from the early 1900s and historical continuity of the neighborhood_ 4. This Council hereby finds that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970, as landmark designations are exempt under CEQA, per Article 19, Section 15308. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Council hereby resolves that pursuant to Chapter 2.24 of the Rancho Cucamonga Municipal Code, that the City Council of the City of Rancho Cucamonga hereby approves Landmark Designation 00-02 on the 15"day of November 2000. 6. The Mayor of this City Council shall certify to the adoption of this Resolution. Please see the following page for formal adoption and signatures Page 122 Resolution No. 00-242 Page 4 of 4 PASSED, APPROVED, AND ADOPTED this 15th day of November 2000. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None ATTEST: -:`OVMC, City Clerk 1, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 151" day of November 2000. Executed this 16'h day of November 2000, at Rancho Cucamonga, California. Debra J. Adam MC, City Clerk Page 123 DATE: July 10, 2019 TO: Chairman and Members of the Planning Commission FROM: Elisa Cox, Interim Planning Director INITIATED BY: Tabe van der Zwaag, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM19855 — JIM BANKER — A request for site plan review to subdivide a 3.04 -acre parcel of land currently developed with a historically designated single-family residence into 4 single-family residential parcels for the future development of 3 single-family residences (with the existing historically designated single-family residence on Lot #4) within the Very Low (VL) Residential District and the Equestrian Overlay District at 9611 Hillside Road; APN: 1061-571-01. Related File: Preliminary Review DRC2015-01050. Certificate of Appropriateness DRC2016-00291, Variance DRC2016-00290, Minor Exception DRC2018-00934, and Tree Removal Permit DRC2019-00393. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND VARIANCE DRC2016-00290 — JIM BANKER -- A request to reduce the required parcel depth related to a proposed 4 parcel subdivision on 3.04 acres of land in the Very Low (VL) zoning district on the south side of Hillside Road at 9611 Hillside Road within the Very Low (VL) Residential District and the Equestrian Overlay District at 9611 Hillside Road; APN: 1061-571-01. Related File: Preliminary Review DRC2015-01050, Tentative Parcel Map SUBTPM19855, Certificate of Appropriateness DRC2016-00291, Minor Exception DRC2018-00934, and Tree Removal Permit DRC2019-00393. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND MINOR EXCEPTION DRC2018- 00934 — JIM BANKER — A request to permit property line adjacent walls up to 8 feet in height related to a proposed 4 parcel subdivision on 3.04 acres of land in the Very Low (VL) zoning district on the south side of Hillside Road at 9611 Hillside Road within the Very Low (VL) Residential District and the Equestrian Overlay District at 9611 Hillside Road; APN: 1061-571-01. Related File: Preliminary Review DRC2015-01050, Tentative Parcel Map SUBTPM19855, Certificate of Appropriateness DRC2016-00291, Variance DRC2016-00290, Minor Exception DRC2018-00934, and Tree Removal Permit DRC2019-00393. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND TREE REMOVAL PERMIT DRC2019-00393 — JIM BANKER — A request to remove 17 trees related to a Page 124 PLANNING COMMISSION STAFF REPORT TENTATIVE PARCEL MAP SUBTPM19855, VARIANCE DRC2016-00290, MINOR EXCEPTION DRC2018-00934 & TRP DRC2019-00393 - JIM BANKER July 10, 2019 Page 2 proposed 4 parcel subdivision of 3.04 acres of land in the Very Low (VL) zoning district on the south side of Hillside Road at 9611 Hillside Road within the Very Low (VL) Residential District and the Equestrian Overlay District at 9611 Hillside Road; APN: 1061-571-01. Related File: Preliminary Review DRC2015-01050, Tentative Parcel Map SUBTPM19855, Certificate of Appropriateness DRC2016-00291, Variance DRC2016-00290, and Minor Exception DRC2018- 00934. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. RECOMMENDATION: Staff recommends the Planning Commission take the following actions: • Approve Tentative Parcel Map SUBTPM19855, Variance DRC2016-00290, Minor Exception DRC2018-00934, and Tree Removal Permit DRC2019-00393 through the adoption of the attached Resolution of Approval with Conditions. PROJECT AND SITE DESCRIPTION: The 3.04 -acre project site is located on the south side of Hillside Road, approximately 540 feet west of Archibald Avenue. The site is generally rectangular in shape and is approximately 328 feet from east to west and 377 feet from north to south. Onsite grades generally slope from north to south, with an elevation change of approximately 33 feet from the north property line (1,865 feet) to the south property line (1,832 feet). A historically designated single-family residence (Grandma Issak House) is located at the northwest corner of the project along with a non -historic storage building and a stone wall. The remainder of the project site is undeveloped and covered with native and non-native grasses along with a Eucalyptus windrow located along the west and south property lines. The existing Land Use, General Plan and Zoning Designations for the project site and adjacent properties are as follows: ANALYSIS: A. Project Overview: The applicant is requesting to subdivide the 3.04 -acre project site into 4 parcels for the future development of 3 single-family residences on Parcels #1 thru #3, with the existing single-family residence (Grandma Issak House) located on Parcel #4. The Grandma Issak House (alternately spelled Isaak) and property was approved for historical landmark designation by the City Council on November 15, 2000 (Historic Landmark Designation (00-02). That approval also included a Mills Act Agreement (00-01). Modification of historical landmarks requires the approval of a Certificate of Appropriateness Page 125 Land Use General Zoning Plan Site Single -Family Residence Very Low Very Low (VL) Residential District Grandma Issak House North Single- amilResidence Ve Low Very Low VL Residential District South Single -Family Residences Very Low Very Law VL Residential District East Single- amilResidences Very Low Very Low VL Residential District West Single -Family Residences Very Low Very Low VL Residential District ANALYSIS: A. Project Overview: The applicant is requesting to subdivide the 3.04 -acre project site into 4 parcels for the future development of 3 single-family residences on Parcels #1 thru #3, with the existing single-family residence (Grandma Issak House) located on Parcel #4. The Grandma Issak House (alternately spelled Isaak) and property was approved for historical landmark designation by the City Council on November 15, 2000 (Historic Landmark Designation (00-02). That approval also included a Mills Act Agreement (00-01). Modification of historical landmarks requires the approval of a Certificate of Appropriateness Page 125 PLANNING COMMISSION STAFF REPORT TENTATIVE PARCEL MAP SUBTPM19855, VARIANCE DRC2016-00290, MINOR EXCEPTION DRC2018-00934 & TRP DRC2019-00393 - JIM BANKER July 10, 2019 Page 3 (Development Code Section 17,18.040). Review of Certificate of Appropriateness DRC2016-00291 and modification of the Mills Act are discussed in a separate staff report to the Historic Preservation Commission. The project will include the construction of a new cul-de-sac off of Hillside Road that will provide vehicle access to Parcels #1 thru #3, with Parcel #4 continuing to take vehicle access from an existing driveway directly off of Hillside Road. The existing 6 -foot high wall along Hillside Road will either be removed or reduced in height to 3 feet with development of the project site. Construction of the new single-family residences on Parcels #1 thru #3 will be approved separately when they are submitted for review. The future pad locations for Parcels #1 thru #3 have been conceptually plotted on the plans. Each of the conceptual pad locations conforms to or exceeds the 42 -foot required front setback, 60 foot required rear yard setback, 10 and 15 feet for the side setbacks, and 27 -foot street side yard setback. Each parcel complies with the development standards for the Very Low (VL) Residential District, except for lot depth on Parcels #2 and #3 and the need for perimeter walls in excess of the permitted 6 -foot height limit. The applicant has submitted a Variance (DRC2016- 00290) requesting to reduce the required lot depth from 200 feet to 150 feet and a Minor Exception (DRC2018-00934) to permit property line adjacent walls up to 8 feet in height. Each parcel exceeds the required minimum lot size, average lot size, and lot width requirements. The required lot sizes, average lot sizes, and lot dimension are as follows: Lot Standards Required Proposed Lot Size Parcel #1: 23,059 Square Feet 20,000 Square Feet Parcel #2: 25,689 Square Feet Parcel #3: 28,023 Square Feet Parcel #4: 22,059 Square Feet Average Lot Size 22,500 Square Feet 24,707 Square Feet Lot Width Parcel #1: 114 Feet (Comer Parcel) Interior Lot — 90 Feet Parcel #2: 164 Feet (Interior Parcel) Corner Lot —100 Feet Parcel #3: 163 Feet (interior Parcel) Parcel #4: 124 Feet Corner Parcel Lot Depth _ Parcel #1: 200 Feet 200 Feet Parcel #2: 150 Feet Parcel #3: 150 Feet Parcel #4: 200 Feet The project site is within the Equestrian Overlay District (EOD) which requires that each parcel have a minimum parcel area of 20,000 square feet, which is the minimum area required to keep horses. Each parcel is also required to provide direct access to an equestrian trail from a 24 -by -24 -foot (or 12 -by -48 -foot) corral area that is 70 -feet from the residences on the adjacent parcels. The proposed subdivision includes a private 15 -foot - wide east -west equestrian trail easement which will connect to the existing north -south trail easement located on the subdivision to the west. Access to trail easement on the project site has been conditioned to provide graded access from the corral areas to the trail easement. Page 126 PLANNING COMMISSION STAFF REPORT TENTATIVE PARCEL MAP SUBTPM19855, VARIANCE DRC2016-00290, MINOR EXCEPTION DRC2018-00934 & TRP DRC2019-00393 - JIM BANKER July 10, 2019 Page 4 B. Variance: The project includes a request for a Variance (DRC2016-00290) to reduce the required lot depth of Parcels #2 and #3 from 200 feet to approximately 150 feet. Lot depth is calculated by measuring the distance between the center of the street facing property line and the center of the rear property line. In this case, the 2 subject parcels are located at the terminus of a cul-de-sac, with the front property line following the arc of the cul-de-sac bulb. When measured from the north to the south property lines, the lot depth is approximately 180 feet. Parcels #2 and #3 exceed the minimum 90 -foot parcel width requirement (approximately 164 feet provided) and both the 20,000 square foot minimum parcel size and 22,500 square foot average parcel size requirement (Parcel #2 is approximately 25,689 square feet in area and Parcel #3 is approximately 28,023 square feet). The applicant has included the footprints of the proposed house on each of the parcels to demonstrate that they will comply with the required setbacks and will not require any additional exceptions. Staff supports the request to reduce the 200 -foot required lot depth on Parcels #2 and 93 based on the fact that the project will comply with each of the other site development criteria (except for wall height) and that without the Variance, the number of lots would need to be reduced creating lots significantly larger than the general lot sizes in the surrounding area. The findings of facts below support the necessary findings, which are required by the Development Code: Finding: Strict or literal interpretation and enforcement of the specified regulation would result in difficulty or unnecessary physical hardship inconsistent with the objectives of this Code. Fact: The reduction in the required lot depth is necessary due to the existing shape and topography of the project site. Without the lot depth reduction, the project would be redesigned to reduce the total number of parcels, resulting in parcels of land that are much larger than those in the surrounding area. Finding: There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same zone. Fact: The project site is surrounded by existing development and is constrained by the lot dimensions. The site is also developed with an existing historically designated single-family residence, which limits the design of the proposed subdivision. These limitations do not generally apply to the surrounding lot or lots in the same zone. Finding: Strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone. Fact: The project site is within the Very Low (VL) District which requires that lots have a minimum lot size of 20,000 square feet and an average lot size of 22,500 square feet. Without the lot depth reduction, the project would need to be redesigned, reducing the Page 127 PLANNING COMMISSION STAFF REPORT TENTATIVE PARCEL MAP SUBTPM19855, VARIANCE DRC2016-00290, MINOR EXCEPTION DRC2018-00934 & TRP DRC2019-00393 - JIM BANKER July 10, 2019 Page 5 number of parcels and subsequently increasing the size of the remaining parcels to be much larger than the required minimum or average lot sizes of the zoning district and then the existing lots in the surrounding area. Not approving the variance would deprive the applicant of development rights enjoyed by the owners of other properties in the same district_ Finding: The granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone. Fact: It is not uncommon to grant a variance to reduce the required lot dimensions when the onsite conditions place physical limitations on the design of the subdivision. In this case, the existing lot dimensions do not provide the required depth necessary for the proposed number of parcels. The proposed variance for a reduction in the required lot depth for Parcels #2 and #3, will not constitute a grant of special privilege as existing site conditions, including the shape of the project site and surrounding development limit alternative site designs without reducing the total number of parcels. Finding: The granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. Fact: The reduction in the required lot depth will not negatively impact the surrounding property owners as the parcels will be of similar size and configuration to those in the surrounding area and will not preclude the keeping of horses. Staff has prepared an environmental review for the proposed project and has determined that with the inclusion of mitigation measures the project will have a less than significant impact on the environment. C. Minor Exception: The project includes walls that exceed the maximum 6 -foot height limit permitted within residential districts. The subject walls are located adjacent to the proposed equestrian trail and along the south property lines of Parcels #2 and #3. The additional wall height is necessary due to the 33 -foot grade change between the north and south property lines of the existing project site. Each of the subject walls will consist of an up to 6 -foot high retaining wall topped by an up to 5 -foot high wrought iron fence. The city calculates wall height by adding one-half the height of the retaining wall to the height of the free-standing portion of the wall. The applicant has submitted a Minor Exception application (DRC2018- 00934) for the additional wall height. The findings of facts below support the necessary findings, which are required by the Development Code: Finding: The Minor Exception is consistent with the General Plan or any applicable specific plan or Development Agreement. Fact: The proposed increase in the maximum permitted wall height is consistent with the Very Low (VL) General Plan land use designation. The additional wall height is necessary due to an existing 33 -foot grade change between the north and south property lines. Finding: The proposed development is compatible with existing and proposed land uses in the surrounding area. Page 128 PLANNING COMMISSION STAFF REPORT TENTATIVE PARCEL MAP SUBTPM19855, VARIANCE DRC2016-00290, MINOR EXCEPTION DRC2018-00934 & TRP DRC2019-00393 - JIM BANKER July 10, 2019 Page 6 Fact: The proposed subdivision of the project site for the future development of single-family residences is in keeping with the surrounding residential land uses. The new parcels will be of similar size and layout to those in the surrounding area. The additional wall height is necessary due to the existing onsite grades. Fact: The proposed exception to the specific development standard(s) is necessary to allow creative design solutions compatible with the desires of the community and/or to accommodate unique site conditions. Finding: The additional wall height is necessary to make up for the 33 -foot grade change on the existing project site and to increase the usable yard areas on each parcel. Without the additional wall height, onsite slopes would greatly reduce the usable yard area. Fact: The granting of the Minor Exception will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district, and will not be detrimental to public health, safety or welfare or materially injurious properties or improvements in the vicinity. Finding: The proposed additional wall height will not be a grant of special privilege as exceptions to the permitted wall height have been approved throughout the community when it can be demonstrated that there is a grade difference between adjacent parcels of land. Up to 6 -foot -high retaining walls are required due to the existing onsite grades. The additional wall height will not negatively impact the surrounding property owners as the proposed combination walls (block retaining walls topped by wrought iron fences) are designed to reduce the appearance of the additional wall height. D. Tree Removal Permit: The project site includes eucalyptus windrows along the south, west and a portion of the east property lines. The arborist report (C.O. Arborists, inc., January 10, 2019) submitted for the project recommends the removal of 17 eucalyptus trees due to their poor health, the large amount of dead wood and pest invasion (Lerp Psyllid), which attacks the tree's foliage. This includes 5 trees along the east property line and 12 trees along the south property line. There are 7 additional trees along the west property line that are in "fair" condition and have the potential to be retained with proper trimming. The remaining 10 trees are in "good" condition that can be preserved with proper trimming. A mitigation measure has been added to the mitigation monitoring plan requiring the removed trees to be replaced with 15 -gallon size eucalyptus trees planted at a minimum spacing of eight feet on center. E. Neighborhood Meeting: On February 6, 2019, the applicant held a neighborhood meeting at Lions Center East from 6:00 pm to 8:00 pm. All property owners within 660 feet of the subject property were notified. Attendees included the applicant, civil engineer, project planner, and 2 residents. The residents asked questions regarding the design of the future houses on the vacant lots and the eucalyptus trees along the south property line. The applicant informed them that they are designing 2 -story homes for the two southern lots and that the trees along the south property line would be removed due to the health of the trees. The residents raised no issues related to the proposed subdivision. Page 129 PLANNING COMMISSION STAFF REPORT TENTATIVE PARCEL MAP SUBTPM19855, VARIANCE DRC2016-00290, MINOR EXCEPTION DRC2018-00934 & TRP DRC2019-00393 - J1M BANKER July 10, 2019 Page 7 F. Trails Committee: The project was reviewed by the Trails Advisory Committee on February 13, 2019 (Exhibit F). Staff presented the project along with the proposed trail network and equestrian related improvements associated with the project. Staff provided the Committee with the option of extending the proposed equestrian trail adjacent to the front property lines of Parcel #2 and #3. The Committee determined that the optional trail segments were not necessary but recommended that the project move forward to Planning Commission for final review as proposed except for the inclusion of a condition of approval to provide graded access between the corral area and the equestrian trail. G. Design Review Committee: The project was reviewed by the Design Review Committee (Guglielmo, Wimberly, and Smith) on April 2, 2019 (Exhibit E). The Committee recommended that the project move forward as presented to the Planning Commission for final review and approval. H. Technical Review Committee: The project was reviewed by the Technical Review Committee on December 18, 2018. No issues were raised. The Committee recommended that the project move forward to the Planning Commission. Their conditions of approval are included in the attached Resolution of Approval. Public Art: Per Development Code Section 17.124.020 (Public Art Required), residential development projects that propose to develop 3 or fewer dwelling unit are exempt from the public art requirement. The project is exempt from the public art requirement as only 3 new dwelling units are proposed, with an existing residence on Parcel #4. Tribal Consultation: On January 10, 2019, notices were sent out in compliance with California Senate Bill AB 52 to 6 tribal communities who have requested to be notified of projects within the city. The Gabrieleno Band of Mission Indians - Kizh Nation responded to the notification letter requesting that mitigation measures related to the protection of tribal artifacts be implemented as part of the project approval. The requested mitigation measures have been incorporated into the attached mitigation monitoring plan. K. Environmental Assessment: Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures related to air quality, biological resources, cultural resources, geology and soils, greenhouse gas emissions, hazards and waste materials, hydrology and water quality, land use, noise and tribal cultural resources, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. A Mitigation Monitoring Program has also been prepared to ensure implementation of, and compliance with, the mitigation measures for the project. Page 130 PLANNING COMMISSION STAFF REPORT TENTATIVE PARCEL MAP SUBTPM19855, VARIANCE DRC2016-00290, MINOR EXCEPTION DRC2018-00934 & TRP DRC2019-00393 - JIM BANKER July 10, 2019 Page 8 FISCAL IMPACT: The project site is currently assessed an annual property tax. A percentage of this annual tax is shared with the City. The proposed subdivision will increase the value of the project site and the City's annual share of the property tax will increase accordingly. The project proponent will also 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 the following: library services, transportation infrastructure, drainage infrastructure, animal services, public safety, parks, and community and recreation services. COUNCIL GOAL(S) ADDRESSED: While no specific City Council goals are addressed, General Plan Goal LU -2 encourages the facilitation of sustainable and attractive infill development that complements the surrounding neighborhoods and is accessible to pedestrians, bicycles, transit, and automobiles. The partially developed project site is being subdivided for the future development of 3 new single-family residences that will be of similar size and design to the single-family development in the surrounding area. Development of the site will include a new cul-de-sac street, public sidewalk, and equestrian trail. CORRESPONDENCE: This item was advertised as a public hearing with a regular legal advertisement in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660 -foot radius of the project site. To date, no comments been received regarding the project notifications. EXHIBITS: Exhibit A - Site Utilization Plan Exhibit B - Site Plan Exhibit C - Tentative Parcel Map SUBTPM19855 Exhibit D - Conceptual Grading and Drainage Plan Exhibit E - Design Review Committee Action Agenda & Comments Exhibit F - Trails Advisory Committee Action Agenda & Comments Exhibit G - Initial Study Parts I, ll, and III Draft Resolution of Approval for Tentative Parcel Map SUBTPM19855 Draft Resolution of Approval for Variance DRC2016-00290 Draft Resolution of Approval for Minor Exception DRC2018-00934 Draft Resolution of Approval for Tree Removal Permit DRC2019-00393 Page 131 §! „ id k§|� - � � Archibald ye kcmbldAe Acihkk ! � �- % . � \\■ \ \� � p / ��§ _ . , _ $ , \ ` k < HII ITT . 'ch p,t byA % to& R 2hR ��) 7' � , q � � k ■ ■ /. ` \ / � � % \ Malachite Ave �� Ib■ - . 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Imm 9 I® I :A Page 140 DESIGN REVIEW COMMITTEE COMMENTS 7:00 p.m. Tabe van der Zwaag April 2, 2019 ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM19865 — JIM BANKER — A request for site plan review to subdivide a 3.04 -acre parcel of land currently developed with a historically designated single-family residence into 4 residential lots for the future development of 3 single-family residences (with the existing single-family residence on Lot #4) within the Very Low (VL) Residential District and the Equestrian Overlay District at 9611 Hillside Road; APN 1061-571-01. Related File: Preliminary Review DRC2015-01050, Certificate of Appropriateness DRC2016-00291, Variance DRC2016-00290, Minor Exception DRC2018- 00934, and Tree Removal Permit 2018-00232. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Site Characteristics and Background: The 3.04 -acre project site is located on the south side of Hillside Road, approximately 540 feet west of Archibald Avenue. The project site is generally rectangular in shape and is approximately 328 feet from east to west and 377 feet from north to south. The project site generally slopes from north to south, from an elevation of approximately 1,865 feet at the north property line to 1,832 feet at the south property line, for a grade change of approximately 33 feet. A historically designated single-family residence (Grandma Issak House) is located at the northwest corner of the project along with a non -historic storage building. The remainder of the project site is undeveloped and covered with native and non-native grasses along with a Eucalyptus windrow located along the west and south property lines. The existing Land Uses on, and General Plan land use and Zoning Designations for, the project site and the surrounding properties (relative to the above -noted lot) are as follows: Project Overview: The applicant is requesting to subdivide the 3.04 -acre project site into 4 lots for the future development of 3 single-family residences on Lots #1 thru #3. The existing single-family residence (Grandma Issak House) will be on located Lot #4. Lots #1 thru #3 will take vehicle access from a new cul-de-sac off of Hillside Road_ The existing residence on Lot #4 will continue taking vehicle access from an existing driveway off of Hillside Road. An existing 6 -foot high wall along Hillside Road will be removed with the construction of the new cul-de-sac. The construction of single- family residences on the 3 new lots is not proposed with the subdivision at this time. However, the applicant has conceptually plotted the pad locations for residences on Lots #1 thru #3. The Grandma Issak House was constructed in 1911, with the house and property receiving City Council approval of a Historic Landmark Designation (00-02) and a Mills Act Agreement (00-01) EXHIBIT E Page 141 Land Use General lan Very Low Zoning Very Low (VL) Residential District Site Single -Family Residence Grandma Issak House North I Single -Family Residence Very Low Very Low VL Residential District South Sinqle-Family Residences Very Low Ve Low VL Residential District Fast Single -Family Residences Very Low Very Low VL Residential District West Single -Family Residences Very Low Very Low VL Residential District Project Overview: The applicant is requesting to subdivide the 3.04 -acre project site into 4 lots for the future development of 3 single-family residences on Lots #1 thru #3. The existing single-family residence (Grandma Issak House) will be on located Lot #4. Lots #1 thru #3 will take vehicle access from a new cul-de-sac off of Hillside Road_ The existing residence on Lot #4 will continue taking vehicle access from an existing driveway off of Hillside Road. An existing 6 -foot high wall along Hillside Road will be removed with the construction of the new cul-de-sac. The construction of single- family residences on the 3 new lots is not proposed with the subdivision at this time. However, the applicant has conceptually plotted the pad locations for residences on Lots #1 thru #3. The Grandma Issak House was constructed in 1911, with the house and property receiving City Council approval of a Historic Landmark Designation (00-02) and a Mills Act Agreement (00-01) EXHIBIT E Page 141 DESIGN REVIEW COMMITTEE COMMENTS TENTATIVE PARCEL MAP SUBTPM19855 - JIM BANKER April 2, 2019 Page 2 on November 15, 2000. The applicant has submitted a Historic Survey of the Grandma Issak House (Daly & Associates; April 26, 2016) to determine whether the proposed subdivision would negatively impact the Historic Landmark Designation of the house and property. The Historic Survey included a review of the historic documents related to the City's Historic Landmark Designation and a field survey. The survey concluded that due to changes to the residence since the Historic Landmark Designation, the structure has lost the levels of integrity of design and materials on which the Historic Landmark Designation was based. The applicant is working with Daly and Associates to update the Grandma Issak house with period correct design elements in keeping with the original design elements on which the original Historic Landmark Designation was based. Staff is also working with the applicant and City attorney to update the Mills Act Agreement to reflect the reduction in the overall size of the project site. The project complies with each of the development standards for the Very Low (VL) Residential District, except for lot depth on Lots #2 and #3 and the need for perimeter walls in excess of the permitted 6 -foot height limit. The applicant has submitted a Variance (DRC2016-00290) requesting to reduce the required lot depth from 200 feet to 150 feet. Each lot exceed the minimum lot size and average lot size, and lot width requirements. Without the lot depth reduction, the project site would only be able to be subdivided into 3 or fewer lots that were significantly larger in area than the existing lots in the surrounding area. The required lot sizes, average lot sizes, and lot dimension are as follows: No development is proposed with the subdivision. However, the applicant has conceptually plotted the pad locations for residences on each of the new parcels. Each pad conforms to or exceeds the 42 foot required front setback, 60 foot required rear yard setback, 10 and 15 feet for the side setbacks, and 27 -foot street side yard setback. The project includes retaining walls that exceed the maximum 6 -foot height limit permitted for combination walls within residential districts. The subject retaining walls are located adjacent to the north and south sides of each segment of equestrian trail and along the south property lines of Lots #2 and #3. The retaining walls are necessary to make up for the 33 -foot grade change between the north and south property lines of the project site. Each wall will consist of an up to 6 - foot high retaining wall with an up to 5 -foot high wrought iron fence. The applicant has submitted a Minor Exception application (DRC2018-00934) for the additional wall height. Page 142 Required Proposed Lot Size Lot #1: 23,059 Square Feet i 20,000 Square Feet Lot #2: 25,689 Square Feet Lot #3: 28,023 Square Feet Lot #4: 22,059 Square Feet Average Lot Size 22,500 Square Feet 24,707 Square Feet I Lot Width Lot #1: 114 Feet (Corner Parcel) Interior Lot — 90 Feet Lot #2: 164 Feet (Interior Parcel) Corner Lot —100 Feet Lot #3: 163 Feet (Interior Parcel) Lot #4: 124 Feet Corner Parcel Lot Depth Lot #1: 200 Feet 200 Feet Lot #2: 150 Feet Lot #3: 150 Feet Lot #4: 200 Feet No development is proposed with the subdivision. However, the applicant has conceptually plotted the pad locations for residences on each of the new parcels. Each pad conforms to or exceeds the 42 foot required front setback, 60 foot required rear yard setback, 10 and 15 feet for the side setbacks, and 27 -foot street side yard setback. The project includes retaining walls that exceed the maximum 6 -foot height limit permitted for combination walls within residential districts. The subject retaining walls are located adjacent to the north and south sides of each segment of equestrian trail and along the south property lines of Lots #2 and #3. The retaining walls are necessary to make up for the 33 -foot grade change between the north and south property lines of the project site. Each wall will consist of an up to 6 - foot high retaining wall with an up to 5 -foot high wrought iron fence. The applicant has submitted a Minor Exception application (DRC2018-00934) for the additional wall height. Page 142 DESIGN REVIEW COMMITTEE COMMENTS TENTATIVE PARCEL MAP SUBTPM19855 - JIM BANKER April 2, 2019 Page 3 Staff Comments: Staff is in support of the proposed Tentative Parcel Map SUBTPM19855 along with the related entitlements - Variance DRC2016-00290, Minor Exception DRC2018-00934, and Tree Removal Permit 2018-00232. The proposed lot configurations, ingress, and egress, as well as trail access and connectivity are well-designed and complimentary to the existing adjacent residential communities. The Variance (DRC2016-00290) for the reduction in the required lot depth is justified due to the dimensions of the existing parcel, which are nearly as wide as deep. Without the reduction in the lot depth requirement, the project site could only be subdivided into 3 or fewer lots that would be significantly larger and out of character with the existing lots in the surrounding area. The Minor Exception (DRC2018-00934) is justified to make up for the 33 feet of fall from the north to the south property lines on the existing project site. Staff will continue to work with the applicant to reintroduce the removed historical design elements to the Grandma Issak house. Major Issues: None Secondary Issues: None Staff Recommendation: Staff recommends that the Committee review the subdivision and provide comments as warranted. If the Committee finds that the project acceptable, staff recommends the proposed Tentative Parcel Map SUBTPM19855 along with the relate_ d entitlements be forwarded to the Planning Commission for their review and approval. Page 143 // . - iiii � ), Attachment D RESOLUTION NO, 19-42 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP SUBTPM19855, A REQUEST FOR SITE PLAN REVIEW TO SUBDIVIDE A 3.04 -ACRE PARCEL OF LAND CURRENTLY DEVELOPED WITH A HISTORICALLY DESIGNATED SINGLE-FAMILY RESIDENCE INTO 4 SINGLE-FAMILY RESIDENTIAL PARCELS FOR THE FUTURE DEVELOPMENT OF 3 SINGLE-FAMILY RESIDENCES (WITH THE EXISTING HISTORICALLY DESIGNATED SINGLE-FAMILY RESIDENCE ON LOT #4) WITHIN THE VERY LOW (VL) RESIDENTIAL DISTRICT AND THE EQUESTRIAN OVERLAY DISTRICT AT 9611 HILLSIDE ROAD; AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 1061-571-01. A Recitals. 1. Jim Banker filed an application for the approval of Tentative Parcel Map SUBTPM19855, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Parcel Map request is referred to as "the application." 2. On the 10th day of July 2019, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application and concluded said hearing on that date. 3, All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as fo'lows; 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A. of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above -referenced public hearing on July 10, 2019, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a 3.04 -acre project site located on the south side of Hillside Road at 9611 Hillside Road in the Very Low (VL) District; and b. The site is generally rectangular in shape and is approximately 328 feet from east to west and 377 feet from north to south. The project site generally slopes from north to south, with an elevation change of approximately 33 feet from the north property line (1,865 feet) to the south property line (1,832 feet); and C. A historically designated single-family residence (Grandma Issak House) is located at the northwest corner of the project along with a non -historic storage building and a stone wall, The remainder of the project site is undeveloped and covered with native and non-native grasses along with a Eucalyptus windrow located along the west and south property lines; and d. The existing Land Use, General Plan and Zoning Designations for the project site and adjacent properties are as follows, Page 144 PLANNING COMMISSION RESOLUTION NO. 19-42 TENTATIVE PARCEL MAP SUBTPM19855 — JIM BANKER July 10, 2019 Page 2 e. The applicant is requesting to subdivide the 3.04 -acre project site into 4 parcels for the future development of 3 single-family residences on Parcels #1 thru #3, with the existing single- family residence (Grandma Issak House) located on Parcel #4; and f. The new parcels comply the development standards for the Very Low (VL) Residential District, except for lot depth on parcels #2 and #3 and the need for perimeter walls in excess of the permitted 6 -foot height limit. The applicant has submitted a Variance (DRC2016- 00290) requesting to reduce the required lot depth from 200 feet to 150 feet and a Minor Exception (DRC2018-00934) to permit property line adjacent walls up to 8 feet in height. Each parcel exceeds the required minimum lot size, average lot size, and lot width requirements. The required lot sizes, average lot sizes, and lot dimension are as follows:. The required lot sizes. average lot sizes, and lot dimension are as follows: Lot Standards Land Use General Plan Zoning Parcel #1: 23,059 Square Feet Site Single -Family Residence Grandma Issak House Very Low Very Low (VL) Residential District North Single -Family Residence Very Low Very Low VL Residential District South Single -Family Residences Ve Low ___Very_Low VL Residential District East Single -Family Residences Very Low Very Low VL Residential District West Single -Family Residences VeryLow VeryLow VL Residential District e. The applicant is requesting to subdivide the 3.04 -acre project site into 4 parcels for the future development of 3 single-family residences on Parcels #1 thru #3, with the existing single- family residence (Grandma Issak House) located on Parcel #4; and f. The new parcels comply the development standards for the Very Low (VL) Residential District, except for lot depth on parcels #2 and #3 and the need for perimeter walls in excess of the permitted 6 -foot height limit. The applicant has submitted a Variance (DRC2016- 00290) requesting to reduce the required lot depth from 200 feet to 150 feet and a Minor Exception (DRC2018-00934) to permit property line adjacent walls up to 8 feet in height. Each parcel exceeds the required minimum lot size, average lot size, and lot width requirements. The required lot sizes, average lot sizes, and lot dimension are as follows:. The required lot sizes. average lot sizes, and lot dimension are as follows: Lot Standards Required Proposed Lot Size Parcel #1: 23,059 Square Feet 20,000 Square Feet Parcel #2: 25,689 Square Feet Parcel #3: 28,023 Square Feet Parcel #4: 22,059 Square Feet Average Lot Size 22,500 Square Feet 24,707 Square Feet Lot Width Parcel #1: 114 Feet (Corner Parcel) Interior Lot — 90 Feet Parcel #2- 164 Feet (Interior Parcel) Corner Lot —100 Feet Parcel #3: 163 Feet (Interior Parcel) Parcel #4: 124 Feet Corner Parcel Lot Depth Parcel #1: 200 Feet 200 Feet Parcel #2: 150 Feet Parcel #3: 150 Feet Parcel #4: 200 Feet g. The project site will be accessed by a new cul-de-sac from Hillside Road. The Grandma Issak House will retain vehicle access from Hillside Road, while the other three parcels (Parcels #1 thru #3) will gain vehicle access to the project site from the new cul-de-sac; and h. The project site is within the Equestrian Overlay District (EOD) which requires that each parcel have a minimum parcel area of 20,000 square feet, which is the minimum area required to keep horses; and i. The project includes Tree Removal Permit DRC2019-00393 for the removal of 17 eucalyptus trees due to their poor health, the large amount dead wood and pest invasion (Lerp Psyllid), which attacks the tree's foliage; and j. The project was reviewed by the Trails Advisory Committee on February 13, 2019. Staff presented the project along with the proposed trail network and equestrian related Page 145 PLANNING COMMISSION RESOLUTION NO. 19-42 TENTATIVE PARCEL MAP SUBTPM19855 -- JIM BANKER July 10, 2019 Page 3 improvements associated with the project. Staff provided the Committee with the option of extending the proposed equestrian trait adjacent to the front property lines of parcel #2 and #3. The Committee determined that the optional trail segments were not necessary but recommended that the project move forward to Planning Commission for final review as proposed except for the inclusion of a condition of approval to provide graded access between the corral area and the equestrian trial; and k. The project was reviewed by the Design Review Committee and Technical Review Committee on April 2, 2019. Each Committee recommended that the project move forward to the Planning Commission for final review and approval. 3. Based upon the substantial evidence presented to this Commission during the above -referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The tentative parcel map is consistent with the General Plan, Development Code, and any applicable specific plans. Included as part of this application are requests for a Variance to reduce the required lot depth (DRC2016-00290) and a Minor Exception to permit property line adjacent wall up to 8 feet in height (DRC2018-00934)_ The project complies with all other General Plan and Development Code requirements for the Very Low (VL) Land Use and Zoning Districts; and b The design or improvements of the tentative parcel map will be consistent with the General Plan, Development Code, and any applicable specific plans with the approval of the related Variance for lot depth (DRC2016-00290) and property line adjacent wall height (DRC2018-00934). The project site is being subdivided for residential purposes and will be of similar size and density to the single-family residential development in the surrounding area. The Historic Assessment (Daly & Associates; April 26, 2016) submitted for the project determined that the proposed subdivision of the project site (S U BTPM1 9855) would not negatively impact the Historic Landmark Designation of the house and property; and C. The site is physically suitable for the type of development proposed. The project site is surrounded by similar residential development to the north, south, east and west and is accessed by an adjacent public street and will connect to existing utility services; and d. The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat. The Initial Study prepared for the project includes mitigation measures that reduce any potential impacts to humans or wildlife to less than significant; and e. The tentative parcel map is not likely to cause serious public health problems. The project site is being subdivided for residential purposes and will not include the use of hazardous materials that would cause public health problems; and f. The design of the tentative parcel map will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. The subject property does not contain any easements that would limit access to or use of the project site. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for Page 146 PLANNING COMMISSION RESOLUTION NO, 19-42 TENTATIVE PARCEL MAP SUBTPM19855 — JIM BANKER July 10, 2019 Page 4 the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and recommends the City Council adopt a Mitigated Negative Declaration based upon the findings as follows: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission, Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration; and C. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the protect that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission therefore adopts the Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration and all other materials which constitute the record of proceedings upon which the Planning Commission's determination is based, is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth in the attached standard conditions incorporated herein by this reference. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF JULY 2019_ PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA Page 147 PLANNING COMMISSION RESOLUTION NO, 19-42 TENTATIVE PARCEL MAP SUBTPM19855 — JIM BANKER July 10, 2019 Page 5 BY: Torfi Gug ielmo, Chairman ATTEST: att Burris, Secretary I, Matt Burris. Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission meld on the 10th day of July 2019, by the following vote -to -wit: AYES: COMMISSIONERS: DOPP, GUGLIELMO, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Page 148 NV Project #: Project Name Location: Conditions of Approval Community Development Department SUBTPM19855 DRC2018-00934 Grandma Issak Subdivision 9611 HILLSIDE RD - 106157101-0000 Project Type: Tentative Parcel Map Minor Exception ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. Planninq Department Please be advised of the fallowing Special Conditions 1. The Mitigation Monitoring Plan attached to the Standard Conditions shall apply. 2. The recommendations outline below from Rincon Consultants, Inc. dated April 4, 2019, shall completed to the satisfaction of the Planning Director prior to final map approval by the City Council: 1. Replace the existing windows with period correct windows 2. Removal of non -original facia boards on the eaves; 3. Replacement of the main entry door with period appropriate replacement: 4. Removal of soffit to expose the rafter tails; 5. Replacement of knee braces in gables; 6. Texture or treatment to the exterior of the chimney, to evoke the covered brickwork; 7. Installation of a landmark designation plaque along the public right-of-way; 8. Installation of additional vertical landscaping element to frame the fagade and highlight the wall and porch. 3. Fifteen (15) gallon size eucalyptus trees shall be planted at a minimum spacing of 8 feet on center along the south and western property lines of the project site to replace the 17 trees approved for removal by DRC2019-00393_ The species of eucalyptus tree shall be reviewed an approved by the Planning Director. 4. An updated Mills Act agreement with the current property owner information and property legal description shalt be approved by the City Council prior to final map approval of Tentative Parcel Map SUBTPM19855. 5. The existing block wall along the Hillside Road public right-of-way shall be removed or be reduced in height to 3 feet. 6. Gates shall be installed at each entrance to the private equestrian trail per Engineering Standard Drawing 1006-C. The equestrian trail easements shall include a 4 inch cover of decomposed granite. A graded connection shall be provided from the equestrian trail easement to a graded 24 foot by 24 foot or 12 foot by 48 foot coral area not to exceed 15 percent in grade. Each parcel shall provide a 10 foot gate to the private equestrian trail easement. 7. All changes made to the exterior of the Grandma Issak House (9611 Hillside Road), including the recommendations made by Rincon Consultants, Inc. (April 4, 2019), shall be reviewed for architectural compatibility by the Planning Director prior to the commencement of work. All recommended changes to the Grandma Issak house shall be completed to the satisfaction of the Planning Director prior to approval of the final map (SUBTT119855). Standard Conditions of Approval Printed 7I2f2019 mv.v.Cs1yafRC LS Page 149 Project #: SUBTPM19855 DRC2018-00934 Project Name: Grandma lssak Subdivision Location: 9611 HILLSIDE RD - 106157101-0000 Project Type: Tentative Parcel Map Minor Exception ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. Planning Department Standard Conditions of Approval 8. The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 9. Approval of Tentative Parcel No. 19855 is granted subject to the approval of Certificate of Appropriateness DRC2016-00291, Variance DRC2016-00290_ Minor Exception DRC2018-00934, and Tree Removal Permit DRC2019-00393. 10. Copies of the signed Planning Commission Resolution of Approval or Approval Letter, Conditions of Approval, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 11. The applicant shall be required to pay California Department of Fish and Wildlife Notice of Exemption and Mitigated Negative Declaration fee in the amount of $2,404.75. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing. 12. Any approval shall expire if Building Permits are not issued or approved use has not commenced within 5 years from the date of approval or a time extension has been granted. 13. This tentative tract map or tentative parcel map shall expire, unless extended by the Planning Commission, unless a complete final map is filed with the Engineering Services Department within 3 years from the date of the approval. 14. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community, Specific Plans and/or Master Plans in effect at the time of Building Permit issuance. 15. The Covenants, Conditions, and Restrictions (CC&Rs) shall not prohibit the keeping the equine animals where zoning requirements for the keeping of said animals have been met. Individual lot owners in subdivisions shall have the option of keeping said animals without the necessity of appealing to boards of directors of homeowners' associations for amendments to the CC&Rs. 16. Provide a 24 -foot by 24 -foot or 12 -foot by 48 -foot corral area in the rear yard adjacent to the Local Feeder Trail. Grade access from corral to trail with a maximum slope of 5:1 and a minimum width of 10 feet. 17. All ground -mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. For single-family residential developments, transformers shall be placed in underground vaults. Printed 7 2 2019 www_C1ty0fRC.u5 page 2 of 16 Page 150 Project #: SUBTPM19855 DRC2018-00934 Project Name: Grandma Issak Subdivision Location.- Project ocation:Project Type 9611 HILLSIDE RD - 106157101-0000 Tentative Parcel Map Minor Exception ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. Planning Department Standard Conditions of Approval 18. The project contains a designated Historical Landmark. The site shall be developed and maintained in accordance with Certificate of Appropriateness No. DRC2016-00291 Any further modifications to the site including, but not limited to, exterior alterations and/or interior alterations which affect the exterior of the buildings or structures, removal of landmark trees, demolition, relocation, reconstruction of buildings or structures, or changes to the site, shall require a modification to the Certificate of Appropriateness subject to Historic Preservation Commission review and approval. 19. On corner side yards, provide minimum 5 -foot setback between walls/fences and sidewalk. The 5 -foot wall/fence setback and the parkway shall have landscape and irrigation in addition to the required street trees. Detailed landscape and irrigation plans shall be submitted for Planning Director review and approval prior to issuance of Building Permits. The parkway landscaping including trees, shrubs, ground covers and irrigation shall be maintained by the property owner. The developer shall provide each prospective buyer written notice of the parkway maintenance requirement, in a standard format as determined by the Planning Director, prior to accepting a cash deposit on any property. 20. Local Feeder Trail entrances shall also provide access for service vehicles, such as veterinarians or hay deliveries, including a 12 -foot minimum drive approach. Entrance shall be gated provided that equestrian access is maintained through step-throughs in accordance with Engineering Services Department Standard Drawing 1006-B and 1007-B. 21. Local Feeder Trail grades shall not exceed 0.5 percent at the downstream end of a trail for a distance of 25 feet behind the public right-of-way line to prohibit trail debris from reaching the street. Drainage devices may be required by the Building and Safety Official. 22. Where corner side, interior side or rear yard property lines are adjacent to local equestrian trails, construct minimum 6 -foot high decorative masonry walls. Decorative masonry shall mean split -face double sided block_ 'slump stone' or an alternative material that is acceptable to the Design Review Committee. Engineering Services Department Please be advised of the following Special Conditions 1. Hillside Road frontage improvements shall be in accordance with City "Collector" standards as required and including.- A. ncluding:A. Protect or repair existing curb & gutter, street lights, signing, and striping as required. B. Provide sidewalk per City standards. 2. "A" Street frontage improvements shall be in accordance with City "Local" standards as required and including: A. Provide existing curb & gutter, sidewalk, 5800 Lumen HPSV-equivalent LED street lights, driveways, signing, and striping as required. B. Driveways shall be in accordance with the City Driveway Policy. 3. The area along Hillside Road of parcels 1 and 2 shall have private irrigation and landscaping installed for private maintenance by property owners of parcels 1 and 4. www.0 tjrafRC.,js Printed 7!2!2019 Page 3 of 16 Page 151 Project M SUBTPM19855 DRC2018-00034 Project Name: Grandma Issak Subdivision Location: 9611 HILLSIDE RD - 106157101-0000 Project Type: Tentative Parcel Map Minor Exception ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Please be advised of the following Special Conditions 4. The developer shall be responsible for the relocation of existing utilities as necessary. 5. Provide separate utility services to each parcel including sanitary sewerage system, water, gas, electric power, telephone, and cable TV (al; underground) in accordance with the Utility Standards, Easements shall be provided as required. 6. Approvals have not been secured from all utilities and other interested agencies involved. Approval of the final parcel map will be subject to any requirements that may be received from them. 7. Water and sewer pians shall be designed and constructed to meet the requirements of the Cucamonga Valley Water District (CVWD), Rancho Cucamonga Fire Protection District, and the Environmental Heath Department of the County of San Bernardino. A letter of compliance from the CVWD is required prior to final map approval or issuance of permits, whichever occurs first. Such letter m„tst have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. 8. A final drainage study shall be submitted to and approved by the City Engineer prior to final map approval or the issuance of Building Permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. 9. Private drainage easements for cross -lot drainage shall be provided and shall be delineated or noted on the final map. 10. Corner property line cutoffs shall be dedicated per City Standards. 11. Dedication shall be made of the following rights-of-way on the perimeter streets (measured from street centerline): 33 total feet on Hillside Ave. 12. Rights-of-way and easements shall be dedicated to the City for all interior public streets, community trails, public paseos, public landscape areas, street trees, traffic signal encroachment and maintenance, and public drainage facilities as shown on the plans and /or tentative map. Private easements for non-public facilities (cross -lot drainage, local feeder trails, etc.) shall be reserved as shown on the plans and/or tentative map. 13. A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all new streetlights for the first six months of operation, prior to final map approval or prior to Building Permit issuance if no map is involved. 14. If the required public improvements are not completed prior to approval of the final parcel map, an improvement security accompanied by an agreement executed by the Developer and the City will be required for the proposed street improvements for Klusman Court (Street "A") and Hillside. 15. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the Engineering Services Department prior to final map approval or issuance of Building Permits whichever occurs first. Formation costs shall be borne by the developer. Printed 71212019 www.CLtyofRC.us ?age 4 of 16 Page 152 Project #: SUBTPM19855 DRC2018-00934 Project Name: Grandma Issak Subdivision Location: 9611 HILLSIDE RD - 106157101-0000 Project Type- Tentative Parcel Map Minor Exception ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineerinq Services Department Please be advised of the following Special Conditions 16. Add the following note to any private landscape plans that show street trees: "All improvements within the public right-of-way, including street trees, shall be installed per the public improvement plans." If there is a discrepancy between the public and private plans, the street improvement plans will govern. 17. Pursuant to Municipal Code Section 16.37.010, no person shall make connections from a source of energy, fuel or power to any building or structure which is regulated by technical codes and for which a permit is required unless, in addition to any and all other codes, regulations and ordinances, all improvements required by these conditions of development approval have been completed and accepted by the City Council, except: that in developments containing more than one building, structure or unit. the development may have energy connections made in equal proportion to the percentage of completion of all improvements required by these conditions of development approval, as determined by the City Engineer, provided that reasonable, safe and maintainable access to the property exists. In no case shall more than 95 percent of the buildings, structures or units be connected to energy sources prior to completion and acceptance of all improvements required by these conditions of development approval. www.CiiyotRC.us Printed 7/212019 Page 5 of 16 Page 153 Project #: SUBTPM19855 DRC2018-00934 Project Name: Grandma Issak Subdivision Location: 9611 HILLSIDE RD - 106157101-0000 Project Type: Tentative Parcel Map Minor Exception ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT, Engineerin-pi Services Department Please be advised of the following Special Conditions 18. Improvement Plans and Construction: a. Street improvement plans, including street trees, street lights, and intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the Issuance of Building Permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the Engineering Services Department in addition to any other permits required. c. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction project along major or secondary streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR. ECR, or any other locations approved by the City Engineer. Notes: 1) Pull boxes shall be No. 6 at intersections and No. 5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer. 2) Conduit shall be 3 -inch galvanized steel with pull rope or as specified. e. Access ramps for the disabled shall be installed on ail corners of intersections per City Standards or as directed by the City Engineer. f. Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City Standards, except for single-family residential lots. h. Street names shall be approved by the Planning Manager prior to submittal for first plan check. t+ .0 1yofi�c.us Panted 712!2019 Page 6 of 16 Page 154 Project #: SUBTPM19855 DRC2018-00934 Project Name: Grandma Issak Subdivision Location: 9611 HILLSIDE RD - 106157101-0000 Project Type: Tentative Parcel Map Minor Exception ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineerinq Services Department Please be advised of the following Special Conditions 19. Install street trees per City street tree design guidelines and standards as follows. The completed legend (box below) and construction notes shall appear on the title page of the street improvement plans. Street improvement plans shall include a line item within the construction legend stating: "Street trees shall be installed per the notes and legend on Sheet (typically Sheet 1)." Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. Street Name: Hillside Rd Botanical Name: Lagerstroemia Indica "Natchez" Common Name: Crape Myrtle Hybrid -White Min. Grow Space: 3' Spacing: 20' O.C. Size 24" Box Qty.: 13 Street Name: Land View Court Botanical Name: Pistacia chinensis Common Name: Chinese Pistache Min. Grow Space: Spacing: 45' O.C. Size Qty.: Determined by design Construction Notes for Street Trees: 1) All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting, an agronomic soils report shall be City inspector. Any unusual toxicities or nutrient deficiencies may require backfill as determined by the City inspector. 3) All street trees are subject to inspection and acceptance by the Engineering Services Department. Street trees are to be planted per public improvement plans only. 20. Intersection line of sight designs shall be reviewed by the City Engineer for adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. 21. All public improvements (interior streets, drainage facilities, community trails, paseos, landscaped areas, etc.) shown on the plans and/or tentative map shall be constructed to City Standards. Interior street improvements shall include, but are not limited to, curb and gutter, AC pavement, drive approaches, sidewalks. street lights, and street trees. 22. Street trees, a minimum of 15 -gallon size or larger, shall be installed per City Standards in accordance with the City's street tree program. furnished to the soil amendments, conformance with 23. The street lights shall be owned by the City. Developer shall be responsible to coordinate and pay all costs of street lights and to provide power to City owned street lights. www.c�ty.3rec.L.s Printed 7:22019 Page 7 of 16 Page 155 Prosect #: SUBTPM19855 DRC2018-00934 Project Name: Grandma Issak Subdivision Location: 9611 HILLSIDE RD - 106157101-0000 Project Type: Tentative Parcel Map Minor Exception ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Please be advised of the following Special Conditions 24. "Per Resolution No. 87-96: All developments, except those contained in section 7, and others specifically waived by the Planning Commission, shall be responsible for undergrounding all existing overhead utility lines including the removal the related supporting poles adjacent to and within the limits of a development as follows: 1. Lines on the project side of the street. a. Said lines shall be undergrounded at the developers expense. b. In those circumstances where the Planning Commission decides that undergrounding is impractical at present for such reasons as short length of undergrounding (less than 300 feet and not undergrounded adjacent), a heavy concentration of services to other users, disruption to existing improvements, etc., the Developer shall pay an in -lieu fee for the full amount per Section 6. c. The developer shall be eligible for reimbursement of one-half the cost of undergrounding. from future developments as they occur on opposite sides of the street. 2. Lines on the opposite of the street from the project: The Developer shall pay a fee to the City for ane -half the amount per Section 6. 3. Lines on both sides of the street: The Developer shall comply with Section 1 above and be eligible for reimbursement or pay additional fees so that he bears a total expense equivalent to one-half the total cost of undergrounding the lines on both sides of the street." 25. Public storm drain easements shall be graded to convey overflows in the event of a blockage in a sump catch basin on the public street, and provisions made to pass through walls. 26. Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe measured from the outer edge of a mature tree trunk. 27. The existing septic system serving the existing house shall be removed to the satisfaction of the project soils engineer. The existing house shall be connected to the existing public sewer main in Hillside Avenue. Removal of the existing septic system shall be shown on the grading plans. Prior to the issuance of a grading permit, the applicant shall provide a reference copy to the City Engineer or his designee of the sewer permit submitted to the Building Official. 28. Prior to issuance of a grading permit the precise grading and drainage plan shall follow the format provided in the City of Rancho Cucamonga handout "Information for Grading Plans and Permit". Building and Safety Services Department Please be advised of the following Special Conditions When the Entitlement Review is approved submit complete construction structural calculations, energy calculations and soils report Building and Safety accordance with the current edition of the CA Residential Building Codes ordinances and standards. The septic system must be submitted separately per the Rancho Cucamonga LAMP requirements. The new structures are required automatic fire sprinklers per the CRC. Printed 7iV2019 vntitiv CityofRC.us drawings including for plan review in including all local the requirements of be equipped with Page S of 16 Page 156 Project #: SUBTPM19855 DRC2018-00934 Project Name: Grandma Issak Subdivision Location: 9611 HILLSIDE RD - 106157101-0000 Project Type: Tentative Parcel Map Minor Exception ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. Building and Safety Services Department Grading Section Please be advised of the following Special Conditions Prior to issuance of a wall permit, a copy of the Grading Special Conditions of Approval shall be included within the engineered wall plans and calculations. Standard Conditions of Approval 2. Prior to the issuance of a grading permit the applicant shall provide to the City Engineer for reference a copy of the separate On-site Wastewater Treatment System (OWTS) plans for reference with the submittal of the precise grading plan. The separately permitted OWTS shall be submitted to the Building Official for review and permitting. The OWTS shall meet the requirements of adopted Local Agency Management Program for On -Site Wastewater Treatment Systems (LAMP OWTS), effective September 17, 2018 which will allow site specific percolation testing which may reduce the required seepage pit depth. A copy of the LAMP OWTS is available on the Building and Safety webpage. 3. Grading of the subject property shall be in accordance with current adopted California Building Code and/or the California Residential Code, City Grading Standards, and accepted grading practices. The Grading and Drainage Plan(s) shall be in substantial conformance with the approved conceptual Grading and Drainage Plan. 4. A soils report shall be prepared by a qualified Engineer licensed by the State of California to perform such work. Two copies will be provided at grading and drainage plan submittal for review. Plans shall implement design recommendations per said report. 5. The final Grading and Drainage Plan, appropriate certifications and compaction reports shall be completed, submitted, and approved by the City Engineer prior to the issuance of building permits. 6. A separate Grading and Drainage Plan check submittal is required for all new construction projects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The Grading and Drainage Plan shall be prepared, stamped, and wet signed by a California licensed Civil Engineer prior to the issuance of a grading or building permit. 7. The applicant shall comply with the City of Rancho Cucamonga Dust Control Measures and place a dust control sign on the project site prior to the issuance of a grading permit. All dust control sign (s) shall be located outside of the public right of way. 8. If a Rough Grading and Drainage Plan/Permit are submitted to the City Engineer for review, the rough grading plan shall be a separate plan submittal and permit from Precise Grading and Drainage Plan/Permit. 9. Prior to the issuance of a grading permit the applicant shall obtain written permission from the adjacent property owner(s) to construct wall(s) on property line(s) or provide a detail(s) showing the perimeter wall(s) to be constructed offset from the property line. 10. The Grading and Drainage Plan shall implement City Standards for on-site construction where possible, and shall provide details for all work not covered by City Standard Drawings, www.CityofRC.us Printed 712x2019 Page 9 0f 18 Page 157 Project #: SUBTPM19855 DRC2018-00934 Project Name: Grandma Issak Subdivision Location: 9611 HILLSIDE RD - 106157101-0000 Project Type: Tentative Parcel Map Minor Exception ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 11. Prior to issuance of a grading permit the grading plan shall show that all manufactured slopes shall be a minimum 2 -foot offset from the public right of way, permitted line, or the adjacent private property. All slope offsets shall meet the requirements of the current adopted California Building Code. 12. The applicant shall provide a grading agreement and grading bond for all cut and fill combined exceeding 5,000 cubic yards prior to issuance of a grading permit. The grading agreement and bond shall be approved by the City Engineer. 13. The final grading and drainage plan shall show existing topography a minimum of 100 -feet beyond project boundary. 14. Grading Inspections: a) Prior to the start of grading operations the owner and grading contractor shall request a pre -grading meeting. The meeting shall be attended by the project owner/representative, the grading contractor and the Building Inspector to discuss about grading requirements and preventive measures, etc. If a pre -grading meeting is not held within 24 hours from the start of grading operations, the grading permit may be subject to suspension by the Building Inspector; b) The grading contractor shall call into the City of Rancho Cucamonga Building and Safety Department at least 1 working day in advance to request the following grading inspections prior to continuing grading operations: i) The bottom of the over -excavation; ii) Completion of Rough Grading, prior to issuance of the building permit; iii) Al the completion of Rough Grading, the grading contractor or owner shall submit to the Engineering Technicians (Engineering Services Front Counter) an original and a copy of the Pad Certifications to be prepared by and properly wet signed and sealed by the Civil Engineer and Soils Engineer of Record, iv) The rough grading certificates and the compaction reports will be reviewed by the Associate Engineer or a designated person and approved prior to the issuance of a building permit. 15. Prior to issuance of a wall permit, on engineered combination garden/retaining walls along the property boundary the structural calculations for the wail shall assume a level toetheel at the adjacent off-site property (i.e. a manufactured slope is not present). This shall be shown in the typical sections of the grading and drainage plan. 16. Prior to issuance of a grading or building permit, the permitted grading plan (or architectural site plan) set shall show in each of the typical sections and the plan view show how the separations between the building exterior and exterior ground surface meet the requirements of Sections CBC1804.31CRC R401.3, CBC2304.11.2.21CRC R317.1(2) and CBC2512.1.21CRC R703.6.2.1 of the current adopted California Building Code/Residential Code. 17. Prior to issuance of a grading permit, the applicant shall obtain a signed and notarized letter from the adjacent property owner(s) for ALL work proposed on the adjacent property. The letter shall be scanned and pasted onto the permitted grading plan set. The letter shall show on either the title sheet or a detail sheet of the grading and drainage plan set. Printed 702019 www.CityofRC.us Page 10 of 16 Page 158 Project #: SUBTPM19855 DRC2018-00934 Project Name: Grandma Issak Subdivision Location: 9611 HILLSIDE RD - 106157101-0000 Project Type: Tentative Parcel Map Minor Exception ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJEC T. - Grading Section Standard Conditions of Approval 18. The proposed on-site wastewater treatment (i.e. septic) system shall be located in the rear yards for the two south parcels (Parcels 2 and 3) to allow a future connection to a public sewer main in Klusman Court/Peach Tree Lane), 19. Prior to approval of the project -specific storm water quality management plan, the applicant shall submit to the City Engineer, or his designee_ a precise grading plan showing the location and elevations of existing topographical features, and showing the location and proposed elevations of proposed structures and drainage of the site. 20. Prior to issuance of a grading permit, the grading and drainage plan shall show the following information in the equestrian trails: — Provide PVC fencing per city standards, provide a 4" thick decomposed granite (DG) surface, provide a drainage V ditch parallel to the trail, provide a bridge over the V ditch where necessary for access to corals, and gates to corrals. The equestrian bridges shall be capable of carrying vehicle loads where necessary. Where the longitudinal slope (s) is S< 5°l:: the cross fat# shall be 2%, if S>5% the cross fall may be 4% maximum. Where water bars required, the spacing for the water bars is: 50' maximum for longitudinal slopes of 4% to 6%, 40' maximum for longitudinal slopes of 6.1% to 9%, 30' maximum for longitudinal slopes of 9.1% to 12cr,. 20` maximum for longitudinal slopes greater than 12%. In the equestrian trails water bars shall also be placed at the top and bottom of the trail where the gradient of the trail changes, i.e. a steep downhill slope which will cause additional erosion to the trail. 21. A drainage study showing a 100 -year, AMC 3 design storm event for on-site drainage shall be prepared and submitted to the City Engineer for review and approval for on-site storm water drainage prior to issuance of a grading permit. The report shall contain water surface profile gradient calculations for all storm drain pipes 12 -inches and larger in diameter. All reports shall be wet signed and sealed by the Engineer of Record. In addition, the project specific drainage study shall provide inlet calculations showing the proper sizing of the water quality management plan storm water flows into the proposed structural storm water treatment devices. 22. It shall be the responsibility of the applicant to acquire any required off-site drainage easements prior to the issuance of a grading permit. 23. It shall be the responsibility of the applicant to acquire any required off-site drainage acceptance easements(s) from adjacent downstream property owner(s) or discharge flows in a natural condition (concentrated flows are not accepted) and shall provide the City Engineer a drainage study showing the proposed flows do not exceed the existing flows prior to the issuance of a grading or building permit. 24. The site shall be rough graded to eliminate all cross -lot drainage, (except in approved facilities within easements shown on the Parcel Map). All slopes and retaining walls necessary to accomplish this shall be installed prior to final map approval. 25. Flow lines sleeper than 6 percent could be erosive. The applicant shall provide hard lined gutters and swales where concentrated flows exceed 3fps, and anywhere that flow lines exceed 10 percent. This shall be shown on the grading and drainage plan prior to issuance of a grading permit. www CttyofRC us Printed 7/212019 Page 11 Page 159 Project #: SUBTPM19855 DRC2018-00934 Project Name: Grandma Issak Subdivision Location: 9611 HILLSIDE RD - 106157101-0000 Project Type: Tentative Parcel Map Minor Exception ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 26. Prior to issuance of a grading permit and in accordance with Planning Commission Resolution 92-17, if a lot may not directly 'drain off-site directly to the street or other acceptable drainage device (such as a drainage ditch adjacent to an equestrian trail), then: a) drainage may flow from only one lot onto only one other lot; b) a drainage easement shall be provided over the lot accepting the drainage; c) the drainage shall be contained within either a concrete/rock lined swale/channel or a reinforced concrete pipe; and d) the drainage shall be designed with excess capacity to account for the probable lack of necessary maintenance, therefore, it shall be designed to convey two (2) times the runoff from a 100 -year storm event with the minimum diameter of the pipe being 12 -inches. 27. Private sewer, water, and storm drain improvements will be designed per the latest adopted California Plumbing Code. Private storm drain improvements shall be shown on the grading and drainage plan. 28. Prior to the issuance of the Certificate of Occupancy or final sign off by the Building Inspector the engineer of record shall certify the functionality of the storm water quality management plan (WQMP) storm water treatment devices and best management practices (BMP). 29. Prior to approval of the Water Quality Management Plan (WQMP), the WQMP shall include a copy of the project Conditions of Approval and any required Codes, Conditions and Restrictions (CC&R's). 30. Prior to the issuance of a Grading Permit the City of Rancho Cucamonga's "Memorandum of Agreement of Storm Water Quality Management Plan" shall be submitted for review and approval by the City Engineer and recorded with the County Recorder's Office. 31. Prior to issuance of a Grad.ng Permit the applicant shall obtain a Waste Discharge Identification Number (WDID), The WDID number shall also be shown on the WQMP Site and Drainage Plan document. 32. Reciprocal access easements for all parcels and maintenance agreements ensuring joint maintenance of all storm water quality structural/treatment best management practices (BMP) devices, as provided for in the project's Storm Water Quality Management Plan, shall be provided for by CC&R's or deeds and shall be recorded prior to the issuance a grading permit. Said CC&R's and/or deeds shall be included in the project site specific Storm Water Quality Management Plan (WQMP) document prior to approval of the WQMP document and recording of the Memorandum of Agreement of Storm Water Quality Management Plan. 33. The HOA and(or land owner shall provide an inspection report on a biennial basis for the structural storm water treatment devices, commonly referred to as BMPs, to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis as described in the Storm Water Quality Management Plan prepared for the subject project. All costs associated with the BMP infiltration basins are the responsibility of the land owner. 34. The HOA and/or land owner shall follow the inspection and maintenance requirements of the approved project specific Water Quality Management Plan and shall provide a copy of the inspection reports on a biennial basis to the City of Rancho Cucamonga Environmental Program Manager. www. CstyofRC.us Printed 712/2019 Page 12 of 16 Page 160 Project N: SUBTPM19855 DRC2018-00934 Project Name: Grandma Issak Subdivision Location: 9611 HILLSIDE RD - 106157101-0000 Project Type; Tentative Parcel Map Minor Except -.on ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. Grading Section Standard Conditions of Approval 35. The final project -specific water ,duality management plan (WQMP) shall include executed maintenance agreements along with the ma=ntenance guidelines for all proprietary structural storm water treatment devices (BMP's). In the event the applicant cannot get the proprietary device maintenance agreements executed prior to issuance of a grading permit, the applicant is required to submit a letter to be included within the WQMP document, and scanned and pasted onto the Site and Drainage Plan which states that prior to issuance of a certificate of occupancy with applicant shall enter into a contract for the maintenance of the proprietary storm water treatment device. If the proprietary storm water treatment device is part of a residential subdivision, prior to the sale of the residential lotr the developer shall include maintenance agreement(s) as part of the sale of the residential lot to the buyer. A copy of the maintenance agreements to be included in the sale of the property shall be included within the WQMP document. NOTE: This condition of approval will apply if proprietary storm water structural treatment BMP devices are used. 36. Prior to issuance of a grading permit the Final Project -Specific Water Quality Management Plan shall include a completed copy of Worksheet H: Factor of Safety and Design Infiltration Worksheet" located in Appendix D "Section VII — Infiltration Rate Evaluation Protocol and Factor of Safety Recommendations, ..." of the San Bernardino County Technical Guidance Document for Water Quality Management Plans. The infiltration study shall include the Soil Engineer's recommendations for Appendix D, Table V11.3: Suitability Assessment Related Considerations for Infiltration Facility Safety Factors". 37. Prior to approval of the final project -specific water quality management plan the applicant shall have a soils engineer prepare a project -specific infiltration study for the project for the purposes of storm water quality treatment. The infiltration study and recommendations shall follow the guidelines in the current adopted "San Bernardino County Technical Guidance Document for Water Quality Management Plans". NOTE: The conceptual grading and drainage plan along with the preliminary water quality management plan are showing infiltration basins within compacted fill material. Should the final design show infiltration basins within the compacted fill area the applicant shall have the soils engineer perform an infiltration test in the areas of the BMP basins. 38. Prior to the issuance of a certificate of occupancy by the Building Official, or his designee, the civil engineer of record shall file a Water Quality Management Plan (WQMP) Post Construction Storm Water Treatment Devices As -Built Certificate with the Environmental Programs Coordinator, City of Rancho Cucamonga Engineering Services Department. Printed 7,212019 w'W.C1ty0fRC.us Page 73 of 15 Page 161 Project #: SUBTPM19855 DRC2018-00934 Project Name: Grandma Issak Subdivision Location: 9611 HILLSIDE RD - 106157101-0000 Project Type: Tentative Parcel Map Minor Exception ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 39. Section 1.5.1, Table 1-1 Priority Projects, Category No. 1, of the San Bernardino County Technical Guidance Document for Water Quality Management Plans reads "All significant re -development projects — defined as the addition or replacement of 5,000 or more square feet (sq. ft.) of impervious surface on an already developed site subject to discretionary approval of the permitting jurisdiction. In addition, Where re -development results to an increase of 50% or more of the impervious surfaces of a previously ex:.sting developed site, the numeric sizing criteria discussed in Section 4 applies to the entire development. The project is showing 4,800 square feet of existing impervious area. The project is showing 25,775 square feet of proposed and/or removal and replacement of impervious area. The proposediremovalfreplacement impervious area equals or exceeds 50% of the existing impervious area, the project is conditioned, prior to the issuance of a grading permit, to prepare a final project -specific water quality management plan to treat the storm water runoff of the entire development's impervious area. Printed' 71212019 www.CilyofRC.us Page 14 of 16 Page 162 Project #: SUBTPM19855 DRC2018-00934 Project Name: Grandma Issak Subdivision Location: 9611 HILLSIDE RD - 106157101-0000 Project Type: Tentative Parcel Map Minor Exception ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 40. GROUND WATER PROTECTION: Prior to approval of the final project specific water quality management plan (WQMP), the WQMP document shall meet the requirements of the State Water Resources Control Board Order No. RB -2010-0036 (NPDES No. CAS 618036), the San Bernardino County Municipal Separate Storm Sewers Separation (MS4) Permit reads: Section XI.D(Water Quality Management Plan Requirements).8(Groundwater Protection): Treatment Control BMPs utilizing infiltration (exclusive of incidental infiltration and BMPs not designed to primarily function as infiltration devices (such as grassy swales, detention basins, vegetated buffer strips, constructed wetlands, etc.)] must comply with the following minimum requirements to protect groundwater: a. Use of structural infiltration treatment BMPs shall not cause or contribute to an exceedance of ground water quality objectives. b. Source control and pollution prevention control BMPs shall be implemented to protect groundwater quality. The need for pre-treatment BMPs such as sedimentation or filtration should be evaluated prior to infiltration. c. Adequate pretreatment of runoff prior to infiltration shall be required in gas stations and large commercial parking lots. (NOTE: The State Water Quality Control Board defines a large commercial parking lot as '100,000 sq. ft. or more of commercial development to include parking lot (with 100 or more vehicle traffics), OR, by means of 5,000sgft or more of allowable space designated for parking purposes'). d. Unless adequate pre-treatment of runoff is provided prior to infiltration structural infiltration treatment BMPs must not be used for areas of industrial or light industrial activity(77), areas subject to high vehicular traffic (25,000 or more daily traffic); car washes; fleet storage areas; nurseries; or any other high threat to water quality land uses or activities. e. Class V injection wells or dry wells must not be placed in areas subject to vehicular(78) repair or maintenance activities(79), such as an auto body repair shop, automotive repair shop, new and used car dealership, specialty repair shop (e.g., transmission and muffler repair shop) or any facility that does any vehicular repair work. f. Structural infiltration BMP treatment shall not be used at sites that are known to have soil and groundwater contamination. g. Structural infiltration treatment BMPs shall be located at least 100 feet horizontally from any water supply wells. h. The vertical distance from the bottom of any infiltration structural treatment BMP to the historic high groundwater mark shall be at least 10 -feet. Where the groundwater basins do not support beneficial uses, this vertical distance criteria may be reduced, provided groundwater quality is maintained. i. Structural infiltration treatment BMPs shall not cause a nuisance or pollution as defined in Water Code Section 13050. The final project -specific water quality management plan shall address items b, h, and i above. Printed 71212019 www.CityofRC.us Page 15 of 16 Page 163 Project #: SUBTPM19855 DRC2018-00934 Project Name: Grandma Issak Subdivision Location: 9611 HILLSIDE RD - 106157101-0000 Project Type: Tentative Parcel Map Minor Exception ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 41. DESIGN ISSUE; The average high ground water level for the subject property is 35 -feet below the surface of the ground. Therefore prior to the issuance of any building permit, the applicant shall provide as a project condition of approval a separate On -Site Wastewater Treatment System (OWTS), i.e. a septic plan, showing the maximum depth of any proposed seepage pits to be 10 -feet above the average high ground water level (or 25 -feet below the existing ground surface). Note: the proposed project is lowering the existing ground level approximately 4 -feet in the locations of the proposed seepage pits. With the average inlet depth into the pits of 4 -feet below grade the usable seepage pit depth is 25 -feet to ground water minus 4 -feet of lowered grade minus 4 -feet inlet pipe minus 10 -feet pit above ground water) is 17 -feet. For the house as proposed with approximately 5 to 6 bedrooms a 1,500 gallon septic tank is required. Assuming the pits are 7 -feet in diameter with a necessary pit depth of 42 -feet, four (4) seepage pits will be required using the City of Rancho Cucamonga standard design criteria. NOTE: The City of Rancho Cucamonga has adopted a Local Agency Management Program for On -Site Wastewater Treatment Systems (LAMP OWTS), effective September 17, 2018 which will requires site specific percolation testing after rough grading for resident -al subdiv sions. A copy of the LAMP OWTS is available on the Building and Safety webpage. 42. The two parcels fronting Hillside Avenue shall have a sewer lateral connection to the public sewer in Hillside Avenue. In the event that the lot is too low for a gravity sewer, a sewage pump system shall be installed. As the Cucamonga Valley Water District will not support a public sewer lift station, the two southerly parcels may be constructed with onsite wastewater treatment (i.e.) septic systems (OWTS). The OWTS shall be constructed at the southerly side of the lots to allow for a future sewer lateral connection to a future sewer main in Klusman Court. WWW C11YOMC.us Printed 702019Page 16 of 16 Page 164 DATE: July 10, 2019 TO: Chairman and Members of the Historic Preservation Commission FROM: Elisa Cox, Interim Planning Director INITIATED BY: Tabe van der Zwaag, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND CERTIFICATE OF APPROPRIATENESS DRC2016-00291 — JIM BANKER — A request to modify a designated historic property related to the subdivision of the project site into 4 residential parcels for the future development of 3 single-family residences (with the existing historic residence on Lot #4) within the Very Low (VL) Residential District and the Equestrian Overlay District at 9611 Hillside Road; APN: 1061-571-01. Related Files: Preliminary Review DRC2015-01050, Tentative Parcel Map SUBTPM19855, Variance DRC2016-00290, Minor Exception DRC2018-00934, and Tree Removal Permit 2019-00393. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. RECOMMENDATION: Staff recommends the Historic Preservation Commission take the following actions: • Approve Certificate of Appropriateness DRC2016-00291 through the adoption of the attached Resolution of Approval with Conditions. BACKGROUND: Certificate of Appropriateness DRC2016-00291 is related to Tentative Parcel Map SUBTPM19855, which is a request to subdivide a historically designated 3.04 -acre parcel of land and single-family residence into 4 parcels of land. Modification of historical landmarks requires the approval of a Certificate of Appropriateness (Development Code Section 17.18.040). The related tentative tract map is discussed in depth in the related staff report for Tentative Parcel Map SUBTPM19855. SITE CHARACTERISTICS: The 3.04 -acre project site is located on the south side of Hillside Road, approximately 540 feet west of Archibald Avenue. The project site is generally rectangular in shape and is approximately 328 feet from east to west and 377 feet from north to south. Onsite grades generally slope from north to south, with an elevation change of approximately 33 feet from the north property line (1,865 feet) to the south property line (1,832 feet). A historically designated single-family residence (Grandma Issak House) is located at the northwest comer of the project along with a non -historic storage building and stone wall. The remainder of the project site is undeveloped and covered with native and non-native grasses along with a Eucalyptus windrow located along the Page 165 HISTORIC PRESERVATI CERTIFICATE OF APPR July 10, 2019 Page 2 N COMMISSION STAFF REPORT RIATENESS DRC2016-00291 - JIM CKER west and south property lines. The existing Land Use, General Plan and Zoning Designations for the project site and adjacent properties are as follows: ANALYSIS: A. Proieci Overview: The applicant is requesting to subdivide the 3.04 -acre project site into 4 parcels for the future development of 3 single-family residences on Parcels #1 thru #3, with the existing single-family residence (Grandma Issak House) located on Parcel #4. The project site will be accessed by a new cul-de-sac from Hillside Road. The Grandma Issak House will retain vehicle access from Hillside Road, while the other three parcels (Parcels #1 thru #3) will gain vehicle access to the project site from the new cul-de-sac. The construction of the cul-de-sac will necessitate the partial removal of an existing stone wall. The Grandma Issak House (alternately spelled Isaak) was constructed in 1911, with the house and property receiving City Council approval of a Historic Landmark Designation (00- 02) and a Mills Act Agreement (00-01) on November 15, 2000. The applicant has submitted a Historic Survey of the Grandma Issak House (Daly & Associates; April 26, 2016) to determine whether the proposed subdivision of the project site (SUBTPM19855) would negatively impact the Historic Landmark Designation of the house and property. The Historic Survey included a review of the historic documents related to the City's Historic Landmark Designation and a field survey. The survey determined that the Grandma Issak House has undergone alterations since the City's Historic Landmark Determination in 2000. A number of these changes were not consistent with the Secretary of the Interior's recommendations for the Treatment of Historic Properties. The report concluded that the proposed subdivision of the project site and the removal of a portion of an existing stone wall would not negatively impact the City's Historic Landmark Designation. Staff met with the applicant to discuss the findings of the report and the repercussions of the alterations to an existing historic landmark, including potential removal of the local landmark determination and Mills Act. The applicant informed staff that the changes to the structure were made by the previous property owner and that they wished to maintain the historic landmark designation and did not want to terminate the Mills Act agreement. The applicant was directed by staff to consult with Daly and Associates or another historic preservationist to determine the measures necessary to restore/replace the architectural elements that had been removed. The applicant contracted with Rincon Consultants to have them review the report by Daly and Associates and to make recommendations for restoring the Grandma Issak House. Page 166 Land Use General Plan Zoning Site Single -Family Residence Grandma Issak House Very Low Very Low (VL) Residential District North Single -Family Residence Very Low Very Low VL Residential District South Sinale-Family Residences Very Low Very Low VL Residential District East Single-FarTfily Single-FamilyResidences Very Low Very Low VL Residential District West Single -Family Residences Very Low Very Low VL Residential District ANALYSIS: A. Proieci Overview: The applicant is requesting to subdivide the 3.04 -acre project site into 4 parcels for the future development of 3 single-family residences on Parcels #1 thru #3, with the existing single-family residence (Grandma Issak House) located on Parcel #4. The project site will be accessed by a new cul-de-sac from Hillside Road. The Grandma Issak House will retain vehicle access from Hillside Road, while the other three parcels (Parcels #1 thru #3) will gain vehicle access to the project site from the new cul-de-sac. The construction of the cul-de-sac will necessitate the partial removal of an existing stone wall. The Grandma Issak House (alternately spelled Isaak) was constructed in 1911, with the house and property receiving City Council approval of a Historic Landmark Designation (00- 02) and a Mills Act Agreement (00-01) on November 15, 2000. The applicant has submitted a Historic Survey of the Grandma Issak House (Daly & Associates; April 26, 2016) to determine whether the proposed subdivision of the project site (SUBTPM19855) would negatively impact the Historic Landmark Designation of the house and property. The Historic Survey included a review of the historic documents related to the City's Historic Landmark Designation and a field survey. The survey determined that the Grandma Issak House has undergone alterations since the City's Historic Landmark Determination in 2000. A number of these changes were not consistent with the Secretary of the Interior's recommendations for the Treatment of Historic Properties. The report concluded that the proposed subdivision of the project site and the removal of a portion of an existing stone wall would not negatively impact the City's Historic Landmark Designation. Staff met with the applicant to discuss the findings of the report and the repercussions of the alterations to an existing historic landmark, including potential removal of the local landmark determination and Mills Act. The applicant informed staff that the changes to the structure were made by the previous property owner and that they wished to maintain the historic landmark designation and did not want to terminate the Mills Act agreement. The applicant was directed by staff to consult with Daly and Associates or another historic preservationist to determine the measures necessary to restore/replace the architectural elements that had been removed. The applicant contracted with Rincon Consultants to have them review the report by Daly and Associates and to make recommendations for restoring the Grandma Issak House. Page 166 HISTORIC PRESERVATI. , COMMISSION STAFF REPORT CERTIFICATE OF APPROPRIATENESS DRC2016-00291 - JIM BANKER July 10, 2019 Page 3 Rincon Consultants, Inc. prepared a memorandum (April 4, 2019) identifying improvements to the Grandma Issak House that would evoke the residence's original character and architectural style, while retaining the remaining historic fabric. The memorandum also concluded that it would be inappropriate for the City to require the applicant to construct a two -car garage to fulfill the Development Code requirement that single-family residences include a two -car enclosed garage. The memorandum provided the following recommendations to assist in restoring the historical character of the structure: 1. Replace the existing windows with period correct windows; 2. Removal of non -original facia boards on the eaves; 3. Replacement of the main entry door with period -appropriate replacement; 4. Removal of the soffit to expose the rafter tails; 5. Replacement of knee braces in gables; 6. Texture or treatment to the exterior of the chimney, to evoke the covered brickwork; 7. Installation of a landmark designation plaque along the public right-of-way; 8. Installation of additional vertical landscaping element to frame the fagade and highlight the wall and porch. Staff believes that with the implementation of the recommendations made by Rincon Consultants, Inc., the Grandma Issak House should maintain the Historic Landmark Designation (00-02) and a Mills Act Agreement (00-01) approved by the Historic Preservation Commission on November 15, 2000. Removal of the landmark designation would create the potential that the Grandma Issak House could be demolished in the future. Maintaining the local landmark status will assure that a structure integral to the early history of the area will be protected in place. Based on the report by Daly and Associated (April 26, 2016), staff also believes that the subdivision of the project site into 4 parcels of land, with the Grandma Issak House located on Parcel #4, will not result in a significant adverse impact to the historical resource. The subdivision of the project site and the construction of the new cul-de-sac access road will improve public access the Grandma Issak House, which is presently hidden behind a 6 -foot - high block wall. The placement of a landmark designation plaque along the public right-of- way will provide the public with information on the historic significance of the residence, its original inhabitants and their place in the early history of what is now the city of Rancho Cucamonga. The applicant has agreed to make the changes recommended by Rincon Consultants, Inc. and staff and incorporated these recommendations into the conditions of approval for this application and the related tentative tract map (SUBTPM19855). This includes replacing the eucalyptus trees to be removed along the west and south property lines of the existing project site. The original report for the Historic Landmark Designation included the eucalyptus trees along the perimeter of the project site as a defining characteristic of the agricultural history of the area. The eucalyptus trees are being removed due to the poor health of the trees and are being required to be replaced along the south and west property lines of the tentative tract area. B. Mills Act: The existing Mills Act contract will be required to be modified to reflect the current property owner and new parcel legal description. The updated Mills Act agreement will be Page 167 HISTORIC PRESERVATI- 4 COMMISSION STAFF REPORT CERTIFICATE OF APPROPRIATENESS DRC2016-00291 - JIM BANKER July 10, 2019 Page 4 conditioned to be reviewed and approved by the City Council prior to final map approval of Tentative Parcel Map SUBTPM19855. C. Certificate of Appropriateness Facts for Finding: The proposed Certificate of Appropriateness meets the following criteria established in Section 17.18.040 (E) of the Rancho Cucamonga Development Code. 1. The proposed subdivision and the inclusion of the Grandma Issak House on Parcel 94 of the SUBTPM19855 will provide sufficient area to retain the historic integrity of the structure. Therefore, the proposed project will not cause a substantial adverse change in the significance of a Historic Resource within the meaning of the California Environmental Quality Act (CEQA); and 2. The proposed project is consistent with the purposes of Chapter 17.18 of the Rancho Cucamonga Development Code; the proposal meets requirements of Section 17.18.040 as the proposed improvements are compatible with the historic representation of the Grandma Issak House and will protect important features of the structure, and will enhance the value of the structure and its surroundings; and 3. The project is consistent with the Secretary of the Interior's Standards for Rehabilitation. The recommended enhancement to the Grandma Issak House will assist in restoring the historical character of the structure. The proposed site improvements are appropriate to the era of significance, and will re-create the appearance of the non -surviving historic property in setting, design, and materials. D. Environmental Assessment: Environmental Assessment: Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures related to air quality, biological resources, cultural resources, geology and soils, greenhouse gas emissions, hazards and waste materials, hydrology and water quality, land use, noise and tribal cultural resources, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. A Mitigation Monitoring Program has also been prepared to ensure implementation of, and compliance with, the mitigation measures for the project. CORRESPONDENCE: This item was advertised as a public hearing with a regular legal advertisement in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660 -foot radius of the project site. To date, no comments been received regarding the project notifications. EXHIBITS: Exhibit A - Determination of Appropriateness of Proposed Subdivision (Daly & Associates; April 26, 2016) Page 168 HISTORIC PRESERVAV . COMMISSION STAFF REPORT CERTIFICATE OF APPROPRIATENESS DRC2016-00291 - JIM BANKER July 10, 2019 Page 5 Exhibit B - Historic Treatment Guidance (Rincon; April 4, 2019) Exhibit C -Tentative Parcel Map SUBTPM19855 Exhibit D - Photos of Grandma Issak House and Property Draft Resolution of Approval for Certificate of Appropriateness DRC2016-00291 Page 169 0 DALY & ASSOCIATES 4486 University Avenue, Riverside, California 92501 (951) 369-1366 ■ da[v.rvrsde@sbcslobal.net April 26, 2016 Steve Landis 9611 Hillside Trust 9611 Hillside Road Rancho Cucamonga, CA 91737 Re: Review of the development of Tentative Tract No. 20000, APN:1061-571-01-0000 Rancho Cucamonga, San Bernardino County Dear Mr. Landis; Daly & Associates has completed an investigation of the built -environment resource located at 9611 Hillside Road within the City of Rancho Cucamonga, San Bernardino County, California. The house that has been identified as the "Grandma Isaac House", and determined to be a Historic Landmark in the City of Rancho Cucamonga (City). The City has requested that you retain the services of a qualified architectural historian to evaluate your proposed project to ascertain if the project would have a significant adverse impact to the property that has been determined to be a local historic resource. Pamela Daly, M.S.H.P., Principal Architectural Historian of Daly & Associates, performed a site visit to the property on April 13, 2016. Our examination found a residential property that has been substantially altered from its historic appearance. According to the City, the house was constructed in 1911, and presented the qualities of a Craftsman style house with possible influence from the Colonial Revival style of architecture. Project Description The property owners have proposed the subdivision of the approximate 2.82 acre parcel into four separate parcels with a new street cul-de-sac created from Hillside Road to provide access to each parcel. Situated on the new parcel identified as Parcel 1 is a building known as the "Grandma Isaac House". The other three parcels are presently vacant of improvements or historic features or objects. The project as designed would cause the removal of approximately 78 feet of the rubble stone wall and set of concrete steps situated to the immediate south and east of the house. (See photograph below) EXHIBIT A Page 170 Grandma Isaac House G 9611 Hillside Rd. Page 2of6 M Aerial view of Grandma Isaac House on its legal parcel. (Google Earth, image date February 2016) Grandma Isaac House The Grandma Isaac House was constructed in 1911 and was designed in the Craftsman style of architecture. Common identifying features of a Craftsman style house are: • Side gabled roof • Wide, unenclosed eave overhangs • Exposed roof rafters (rafter tails) • Brackets under the eaves • Full or partial width porches, on both the front and rear facades • Porches supported by tapered square columns Page 171 Grandma Isaac House 9611 Hillside Rd. Page 3 of 6 • Porch roof supports sit on a solid porch balustrade or massive piers • Wood clapboard siding • Wood windows, multi -pane sash -over -sash with one large pane • Wood doors Grandma Isaac House, Historic Landmark No. 58. Photograph from the City of Rancho Cucamonga Historic Landmarks and Points of Interest Booklet (2011) Page 172 Grandma Isaac House C) 9611 Hillside Rd. Page 4 of 6 U Photograph of the front (south) facade of the house, April 13, 2016. View looking northeast. Photograph of the rear (north) facade. View looking southwest. Page 173 Grandma Isaac House 0 9611 Hillside Rd. Page 5 of 6 Based upon our survey, and reviewing the changes to the building from when it was photographed for inclusion into the City's booklet of Local Historic Landmarks, the building has suffered from alterations not compatible with the Secretary of the Interior's Recommendations for the Treatment of Historic Properties (Grimmer and Weeks). These alterations include: • Removal of all the original windows, and change of size of the window openings • Removal of all the original doors • Removal of all the original clapboard siding from the house, and the original board -and, batten siding from the ancillary structure that was attached to the house • Removal of the exposed rafter tails under the roof eaves • Installation of inappropriate fascia boards on eaves • Alteration to the chimney • Inappropriate mortar work on rubble stone walls • Inappropriate additions to the south and west facades The house has lost the levels of integrity of design, materials, workmanship, setting, feeling, and association. The property appears to have lost the essential physical features that allow a property to represent a building dating from the 1910s, and to the early history of this area of Rancho Cucamonga. The proposed project to subdivide the existing 2.82 acre site will cause the removal of a portion of the rubblestone wall that forms the retaining wall for the house and the porch on the south elevation. Currently, the wall runs from a point parallel with the west facade of the house's addition, to a point 190 feet to the east. The proposed project will cause the removal of approximately 78 feet of the east end of the wall, and a set of concrete steps that lead down from the level of the house to the vacant land south of the house. Notwithstanding the current condition of the house, the loss of the portion of the stone wall and steps would not be considered a substantial alteration to the property even though the wall and steps appear to date from the original period of significance of the property. "A project that may cause a substantial adverse change in the significance of an historical resource is a project that may have a significant effect on the environment." (CEQA 21084.1) "Substantial adverse change in the significance of an historical resource means physical demolition, destruction, relocation, or alteration of the resource or its immediate surroundings such that the significance of an historical resource would be materially impaired." (CEQA Title 14, Chapter 3: 15064.5 (b)(1)) "The significance of an historical resource is materially impaired when a project... demolishes or materially alters in an adverse manner those physical characteristics that account for its inclusion in a local register of historical resources pursuant to section 5020.1(k) of the Public Resources Code." (CEQA Title 14, Chapter 3: 15064.5 (b)(2)(B). Page 174 Grandma Isaac House 9611 Hillside Rd. Page -6 of 6 If the Grandma Isaac House had retained its physical integrity, the loss of a portion of the wall and steps would not have materially impaired the ability of the property to convey its significance as a building that dated from 1911 and had been occupied by a member of one of the area's founding families. Conclusion Based upon the pedestrian survey of the proposed project area, it does not appear that the proposed project would result in a significant adverse impact to any identified historical resources. We hope the information within this letter will prove to be helpful as you continue through the environmental review and entitlement processes. Please do not hesitate to contact us if you have any questions. Sincerely, Pamela Daly, M.S.H.P. Principal/Architectural Historian Attachment: Qualification of Pamela Daly, M.S.H.P. Page 175 DALY & ASSOCIATES 4486 University Avenue, Riverside, California 92501 (951) 369-1366 ARCHITECTURAL HISTORIAN and HISTORIAN HISTORIC PRESERVATION SERVICES Pamela Daly is a 36 CFR 61 qualified Architectural Historian and historic preservation professional engaged in providing consulting services from her firm of Daly & Associates. Those services include the evaluation of historic resources per Federal, State and local criteria, and she has extensive training to provide technical assistance in the form of historic structure assessment and conservation reports. Ms. Daly molds a Master of Science Degree in Historic Preservation from the University of Vermont and a Bachelor of Science Degree in Business Management (with a minor in History). Ms. Daly has owned Daly & Associates, a historic preservation consulting firm since 1998, and provides historic preservation services to both the private and public sector. Her experience includes the preparation of nominations to the National Register of Historic Places, public presentations of preservation issues, conservation plans for historic resources, and preservation planning guidelines. She is accepted as a principal investigator for both Architectural History and History by the California State Office of Historic Preservation, and holds the qualifications to work throughout the United States. Ms. Daly has been the principal investigator, and author of historic resource reports, for over 135 projects prepared under federal and state regulations. Daly & Associates has expertise not only in assessing and evaluating classic residential architectural styles dating from the eighteenth to the twenty-first century, but it has a wide range of experience in the survey and evaluation of military sites and structures in both the western and eastern United States. Daly & Associates has worked on a variety of projects ranging including the authoring of a National Register nomination of a historic district consisting of over 100 buildings and structures dating from 1790 to 1967. Ms. Daly has performed studies on airplane hangars, military housing, helicopter hangers, ammunition bunkers, flight simulators, and Cold War radar arrays. Daly & Associates has managed multiple cultural resource projects which included extensive investigation and research, development of budgets, operating reports, and consultation with clients such as the United States Air Force, Navy, Army Reserves, U.S. Army Corps of Engineers, Bureau of Land Management, U.S. Forest Service, National Park Service, Federal Transportation Agency, Caltrans, and U.S. Fish & Wildlife. Certifications California Unified Certification Program (CUCP) — Pamela Daly dba Daly & Associates is certified as a Disadvantaged Business Enterprise (DBE) as defined by the U.S. Department of Transportation (DOT) CFR 49 Part 26. UCP Firm No. 36614. California Department of Transportation - Pamela Daly dba Daly & Associates is certified as a State Women Business Enterprise in accordance with California Public Code Chapter 2.5, Section 2050. Metropolitan Water District of Southern California — Pamela Daly dba Daly & Associates holds Small Business Certification #170016. City of Riverside, CA, Business Tax Certificate: BL00120251. DUNS Number: 802022231. Insurance Commercial General Liability; each occurrence $2,000,000; general aggregate $4,000,000 Automobile; combined single limit $1,000,000 Professional Liability/Errors & Omissions; each claim $1,000,000 Page 176 E April 4, 2019 Pro)ect No. 19-07370 Steve Landis LandexCorp LLC Via email: Steve@landexcorp.com Rincon Consultants, Inc. 341 9th Street. Suite 189 Redlands. California 92374 BOB 253 07O5 OFFICE AND FAX info@rinconconsultants.com www.rinconconsultanis.com Subject: Historic Treatment Guidance for the Grandma Isaak Residence, 9611 Hillside Road, Rancho Cucamonga, San Bernardino County, California Dear Mr. Landis. This memorandum was prepared for LandexCorp LLC by Rincon Consultants, Inc. (Rincon) to provide historic treatment guidance for the property located at 9611 Hillside Road (APN 1061-571-01) in Rancho Cucamonga (subject property). The approximately 3.04 -acre property includes a residence that was constructed in 1911 per city records Known as the Grandma Isaak (or Isaac) House, it was designated a City of Rancho Cucamonga Landmark in 2000.1 Rincon understands that LandexCorp LLC proposes to subdivide the subject property into four separate residential lots. The Grandma Isaak House would remain in place on what has been defined as Lot h1l, resulting in three unimproved lots for the future development. Approximately 78 feet of an existing stone wall and steps located adjacent to and south of the extant house would also be removed. The project may also include a new, detached garage on Lot 44 as an ancillary building to the home. Rincon further understands that subsequent to the designation of the residence as a City Landmark, a previous owner completed improvements to the residence which resulted in the removal of a number of original character -defining features. The City of Rancho Cucamonga has requested that the applicant obtain guidance from a qualified historic preservation consultant to provide treatment recommendations that wall reintroduce some of the removed historic -period design elements, in an effort to evoke its original historic significance.` Princpal and Architectural History Program Manager Shannon Carmack prepared this memorandum. Ms. Carmack has over 19 years of experience in historic preservation planning and meets the Secretary of the Interior's Professional Qualification Standards (PQS) for architectural history and history. 1 City of Rancho Cucamonga Planning Department, Historic Preservation. 2011. Historic Landmarks and Points of Interest. z City of Rancho Cucamonga. 2019. Design Review Committee Agenda, 2 April. E n v i r o n m e n t a l 5 c J e n t+ s i t F i s n n P I s E n g i n e e r s EXHIBIT B Page 177 Historic Treatment Guidance Memorandum 9611 Hillside Drive, Rancho Cucamonga Methods The current analysis and recommendations included a review of the property's Historic Landmark Designation Application, the City of Rancho Cucamonga's list of local Historic Landmarks and Points of Interest, and two memorandums prepared by Pamela Daly of Daly & Associates in 2016 and 2018.3 Background The City of Rancho Cucamonga's list of Historic Landmarks and Points of Interest (2011) describes the home as a "one and a half story colonial styled structure with Craftsman elements". Additional detail in the Historic Landmark Application (1987) describes features such as a high gabled roof, exposed eaves, knee braces in the gables, decorated verge board consisting of a wood arch, an exterior chimney on the west side of the home with concrete finish, brick decoration and an iron ash door, wood clapboard siding, field stone piers and wood pillars at the porch, 24"x24" concrete tile flooring at porch, concrete steps, wood -sash windows with a large central pane and transom, 32 -light picture window in living room, double -hung windows at sides, wooden door with oval glass panel, board -and -batten siding on the single - story addition. Numerous alterations have been completed since the property was designated a City Historic Landmark. Studies completed in 2016 and 2018 noted the following alterations to the residence: • Removal of all the original windows and change of size of window openings • Removal of all the original doors • Removal of all the original clapboard siding from the house and the original board -and -batten siding from the attached ancillary structure • Removal of the exposed rafter tails under the roof eaves • Installation of inappropriate fascia boards on eaves • Alteration to the chimney • Inappropriate mortar work on rubble stone walls Inappropriate additions to the south and west facades In 2016, Daly & Associates was contracted to evaluate the proposed project to ascertain if the project would have a significant adverse impact to the property which is considered a historical resource under the California Environmental Quality Act (CEQA). Ms. Daly concluded that the Grandma Isaak House had undergone alterations that were not compatible with the Secretary of the Interior's Recommendations for the Treatment of Historic Properties, and the house had lost integrity of design, materials, workmanship, setting, feeling and association. Thus, the property had lost the essential physical features that allowed it to represent a build -ng dating from the 1910s and to the early history of Rancho Cucamonga and the area. In addition, Ms. Daly stated that notwithstanding the current condition of the house, the loss of the portion of the stone wall and steps would not be considered a substantial alteration to the property even though the wall and steps appear to date from the original period of significance of the property. In 2018, 3 Daly & Associates. 2016. Memorandum to Steve Landis, 9611 Hillside Trust, regarding Review of the development of Tentative Tract No. 20000, APN: 1061-571-01-0000, Rancho Cucamonga, San Bernardino County, 26 April. Daly & Associates. 2018. Memorandum to Steve Landis, 9611 Hillside Trust, regarding Review of the development of Tentative Tract No. 20000, APN:1061-571-01-0000, Rancho Cucamonga, San Bernardino County, 18 July. Page 178 Historic Treatment Guidance Memorandum 9611 Hillside Drive, Rancho Cucamonga Daly & Associates was again contracted to update the assessment of the home and potential impacts of the proposed project. Ms. Daly's findings remained the same as in 2016. Findings and Recommendations Rincon has identified several improvements that would evoke the residence's original character and architectural style, while retaining its remaining historic fabric. The following recommendations are provided to assist with this historic treatment: • Removal of non -original fascia boards on eaves • Replacement of primary elevation door with a Craftsman -style door • Removal of soffit to expose rafter tails (if extant, or replace in kind) • Replacement of knee braces in gables • Texture or treatment to the exterior of the chimney, to evoke the covered brickwork • Installation of a landmark designation plaque near the residence • Installation of additional vertical landscaping elements to frame the fagade and highlight the wall and porch Rincon also understands that the project may also include a new, detached garage on Lot h4 as an ancillary building to the Grandma Isaak house. Although many Craftsman -style homes had small garages added after their original date of construction, a standard -size, contemporary two -car garage would not be appropriate or compatible with a building from that period. In the case of the subject property, such an addition would contribute to the cumulative effect of the alterations undertaken on the property and further negatively affect the property's integrity. Therefore construction of a detached garage is not recommended. Conclusions Rincon finds that the above-mentioned treatment recommendations would satisfy the City's Design Review Committee direction to reintroduce historic -period design elements to the property. Should you have any questions or comments regarding this memorandum, please do not hesitate to contact me at 562-676-5485, or scarmack@rinconconsultants.com Sincerely, Shannon Carmack, B.A. Principal and Architectural History Program Manager Rincon Consultants, Inc. Page 179 EL Lo Er - 71— NYWSM)f 1xY eei kq` a bit i Y I k v 1 'Y b- tl• Aa =a Ae T � C fi Y t 1 4 e6.� L 1 1 r R s a a• - - � � a � �I I6Et FLr SJ rid yi F u A x 9�65as15fl! n.e R 5F Y �la,rtMibit !Ey�S a � gg �4C y az. s 41 r ' a_ hS I ft eat5s*� i ■n a --x a,tR hrjt �S C - Ft' R.Y 7a z9 I x Y r R R ¢ rh Ri 9 a S 1 1 s #$f? ��iu t 1 a7:pn EXHIBIT C Page 180 r n' x2 I ' & F R I ' � i ., • . � cr w,,sx eYR y f L S "r alt! br Xt Page 181 rt rn xa C Rxi u g i 2 i �LI y , J Y� Y� Y yYy � SIF Ij a - nr / rcr aw ilvtnr L }! J W � ; Ir is c B • ti I s Y= 1 I a jl !338!5 ._—.-ir's —_ t — -r •-- 1 Y�� fI _ i .Y. 1___•—=_•.:`__—__�,:�,'_.'—'_" �f Nvn niN ,�5 Kt it II 1R m •. —�� ` R.s Tor, SSR �t � J` arw ,+'• � \� r n' x2 I ' & F R I ' � i ., • . � cr w,,sx eYR y f L S "r alt! br Xt Page 181 13 j4vnr, T I ?Elf ...... . !t If 7i r 41 14. Page 182 44.e --.1 44 13 j4vnr, T I ?Elf ...... . !t If 7i r 41 14. 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T 'k,�}+;7` n , �;� 7 !�'-'�,YtIF�!• �'i � i '�S• � f' �� - - , -� `�iy _ a��as, �yf- �C• •►.+.. ,J .� ;••a+ s' w � •!'L' •JI' _ Y ,r �'��:. rk w LAI" ..spa. + t,;� 5 1 I Y .1 r i k r• �•�;;,;�_�,rJ,��~��:` ��'t��'1=`•'�`.�'�:'�,�i:�;:?'►Yv•!fi'�q:�•":'1::' i't':��rq ^i`s�-q"'.".`ti':�;1�j:�'rtr• tiv� ''�.# -. �a'�4+' ikY,•.-.;��h��hi� �r.�a}. f'1•.wd i� yy•'!-.,1�'y ' �:. �4ti;�Ei ~h a71rvh�' Attachment F RESOLUTION NO, 19-01 A RESOLUTION OF THE HISTORIC PRESERVATION COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CERTIFICATE OF APPROPRIATENESS DRC2016-00291, A REQUEST TO MODIFY A DESIGNATED HISTORIC PROPERTY RELATED TO THE SUBDIVISION OF THE PROJECT SITE INTO 4 RESIDENTIAL PARCELS FOR THE FUTURE DEVELOPMENT OF 3 SINGLE-FAMILY RESIDENCES (WITH THE EXISTING HISTORIC RESIDENCE ON LOT #4) WITHIN THE VERY LOW (VL) RESIDENTIAL DISTRICT AND THE EQUESTRIAN OVERLAY DISTRICT AT 9611 HILLSIDE ROAD; AND MAKING FINDINGS IN SUPPORT THEREOF — APN. 1061-571-01. A. Recitals. 1. Jim Banker filed an application for the approval of Certificate of Appropriateness DRC2016-00291, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Certificate of Appropriateness request is referred to as "the application." 2. On the 10th day of July 2019, the Historic Preservation Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application and concluded said hearing on that date, 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution, NOW, THEREFORE, it is hereby found, determined, and resolved by the Historic Preservation Commission of the City of Rancho Cucamonga as follows: 1. The Historic Preservation Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to the Historic Preservation Commission during the above -referenced public hearing on July 10, 2019, including written and oral staff reports, together with public testimony, and pursuant to Section 17.18.020 of the Rancho Cucamonga Municipal Code, the Commission hereby specifically finds as follows: I a. The application applies to a 3.04 -acre project site located on the south side of Hillside Road at 9611 Hillside Road in the Very Low (VL) District; and b. The site is generally rectangular in shape and is approximately 328 feet from east to west and 377 feet from north to south. The project site generally slopes from north to south, with an elevation change of approximately 33 feet from the north property line (1,865 feet) to the south property line (1,832 feet); and C. A historically designated single-family residence (Grandma Issak House) is located at the northwest comer of the project along with a non -historic storage building and a stone wall. The remainder of the project site is undeveloped and covered with native and non-native grasses along with a Eucalyptus windrow located along the west and south property lines; and d. The existing Land Use, General Plan and Zoning Designations for the project site and adjacent properties are as follows: Page 198 HISTORIC PRESERVATICC.;OMMISSION RESOLUTION NO. 19-0 CERTIFICATE OF APPROPRIATENESS DRC2016-00291 — JIM BANKER July 10, 2019 Page 2 e. The Grandma Issak House was constructed in 1911, with the house and property receiving City Council approval of a Historic Landmark Designation (00-02) and a Mills Act Agreement (00-01) on November 15, 2000; and f. The applicant is requesting to subdivide the 3.04 -acre project site into 4 parcels for the future development of 3 single-family residences on Parcels #1 thru #3, with the existing single- family residence (Grandma Issak House) located on Parcel #4; and g. The project site will be accessed by a new cul-de-sac from Hillside Road. The Grandma Issak House will retain vehicle access from Hillside Road, while the other three parcels (Parcels #1 thru #3) will gain vehicle access to the project site from the new cul-de-sac; and h. The applicant has agreed to restore the Grandma Issak House based on the recommendations made by Rincon Consultants, Inc. (April 4, 2019) and incorporated into the attached conditions of approval; and I. The existing Mills Act agreement is required to be modified to reflect the current property owner and parcel legal description. The updated Mills Act agreement will be reviewed and approved by the City Council prior to final map approval of Tentative Parcel Map SUBTPM19855. 3. Based upon the substantial evidence presented to Historic Preservation Commission during the above -referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed subdivision and the inclusion of the Grandma Issak House on Parcel #4 of the SUBTPM 19855 will provide sufficient area to retain the historic integrity of the structure. Therefore, the proposed project will not cause a substantial adverse change in the significance of a Historic Resource within the meaning of the California Environmental Quality Act (CEQA). b. The proposed project is consistent with the purposes of Chapter 17.18 of the Rancho Cucamonga Development Code; the proposal meets requirements of Section 17.18.040 as the proposed improvements are compatible with the historic representation of the Grandma Issak House and will protect important features of the structure, and will enhance the value of the structure and its surroundings; and C. The project is consistent with the Secretary of the Interior's Standards for Rehabilitation. The recommended enhancement to the Grandma Issak House will assist in restoring the historical character of the structure. The proposed site improvements are appropriate to the era of significance and will re-create the appearance of the non -surviving historic property in setting, design, and materials. Page 199 Land Use General Plan Zoning Site Single -Family Residence Grandma Issak House Very Low Very Low (VL) Residential District North Singie-Family Residence Very Low I Very Low (VL) Residential District South Single -Family Residences I Very Low Very Low (VL) Residential District East Single -Family Residences Very Low Very Low (VL) Residential District West Single -Family Residences Very Low Very Low (VL) Residential District e. The Grandma Issak House was constructed in 1911, with the house and property receiving City Council approval of a Historic Landmark Designation (00-02) and a Mills Act Agreement (00-01) on November 15, 2000; and f. The applicant is requesting to subdivide the 3.04 -acre project site into 4 parcels for the future development of 3 single-family residences on Parcels #1 thru #3, with the existing single- family residence (Grandma Issak House) located on Parcel #4; and g. The project site will be accessed by a new cul-de-sac from Hillside Road. The Grandma Issak House will retain vehicle access from Hillside Road, while the other three parcels (Parcels #1 thru #3) will gain vehicle access to the project site from the new cul-de-sac; and h. The applicant has agreed to restore the Grandma Issak House based on the recommendations made by Rincon Consultants, Inc. (April 4, 2019) and incorporated into the attached conditions of approval; and I. The existing Mills Act agreement is required to be modified to reflect the current property owner and parcel legal description. The updated Mills Act agreement will be reviewed and approved by the City Council prior to final map approval of Tentative Parcel Map SUBTPM19855. 3. Based upon the substantial evidence presented to Historic Preservation Commission during the above -referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed subdivision and the inclusion of the Grandma Issak House on Parcel #4 of the SUBTPM 19855 will provide sufficient area to retain the historic integrity of the structure. Therefore, the proposed project will not cause a substantial adverse change in the significance of a Historic Resource within the meaning of the California Environmental Quality Act (CEQA). b. The proposed project is consistent with the purposes of Chapter 17.18 of the Rancho Cucamonga Development Code; the proposal meets requirements of Section 17.18.040 as the proposed improvements are compatible with the historic representation of the Grandma Issak House and will protect important features of the structure, and will enhance the value of the structure and its surroundings; and C. The project is consistent with the Secretary of the Interior's Standards for Rehabilitation. The recommended enhancement to the Grandma Issak House will assist in restoring the historical character of the structure. The proposed site improvements are appropriate to the era of significance and will re-create the appearance of the non -surviving historic property in setting, design, and materials. Page 199 HISTORIC PRESERVATIOC)OMMISSION RESOLUTION NO. 19-00 CERTIFICATE OF APPROPRIATENESS DRC2016-00291 — JIM BANKER July 10, 2019 Page 3 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Historic Preservation Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and recommends the City Council adopt a Mitigated Negative Declaration based upon the findings as follows: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration; and b. The Historic Preservation Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Historic Preservation Commission further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Historic Preservation Commission. Based on these findings, the Historic Preservation Commission hereby adopts the Mitigated Negative Declaration; and C. The Historic Preservation Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Historic Preservation Commission therefore adopts the Mitigation Monitoring Program for the project; and d. The custodian of records for the Initial Study, Mitigated Negative Declaration and all other materials which constitute the record of proceedings upon which the Historic Preservation Commission's determination is based, is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10600 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, the Historic Preservation Commission hereby approves the application subject to each and every condition set forth in the attached standard conditions incorporated herein by this reference. 6. The Secretary to the Historic Preservation Commission shall certifyto the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF JULY 2019. HISTORIC PRESERVATION COMMISSION OF THE CITY OF RANCHO CUCAMONGA Page 200 5 HISTORIC PRESERVATION COMMISSION RESOLUTION NO. 19-01 CERTIFICATE OF APPROPRIATENESS DRC2016-00291 — JIM BANKER July 10, 2019 Page 4 BY: zzd— Tony 6uglielmo, CKairman ATTEST: M tt Burr , Secretary I, Matt Bums, ecretary of the Historic Preservation Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Historic Preservation Commission of the City of Rancho Cucamonga, at a regular meeting of the Historic Preservation Commission held on the 1 Qth day of July 2019, by the following vote -to -wit: AYES: COMMISSIONERS: DOPP, GUGLIEL.MO, MUNOZ, OAXACA, WIMBERLY 1Ri7��%]�I►11•��L�]►[�:� ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Page 201 RECORDING REQUESTED BY and when RECORDED MAIL TO: City Clerk, City of Rancho Cucamonga P.U. Box 807 Rancho Cucamonga, CA 91729 Attachment G Recorded in official Records, County of San Bernardino, Larry Walker, Recorder 42.00 Doc No. 20000468521 10:56am 12/20/00 205 40255015 01 05 t 2 i 4 5 M B 7 M R r—Am D PG nt APF GIMS PN CPY CAi CPY ADD NM PFA PR POOR NON SY LkSYY CIT CD TRANS TAX A CRRO AM THIS AGREEMENT is made and entered into this 291h day of December, 2000 by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation (hereinafter referred to as the "City") and ]ay Pocock (hereinafter referred to as the "owner"). A. Recitals. (i) California Government Code section 50280, et seq. authorize cities to enter into contracts with the owners of qualified Historical Property to provide for the use, maintenance and restoration of such Historical Property so as to retain its characteristics as property of historical significance; (ii) owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, commonly known as the Grandma Issak House and generally located at the street address 9511 Hillside _1_ do oo-?� Page 202 Rancho cucamonaa. ca. 91737 (herein after this property shall be referred to as the "Historic Property"). A legal description of the Historic Property is attached hereto, marked as Exhibit "A" and is incorporated herein by this reference; (iii) on October 11. 2000 the city council of the city of Rancho Cucamonga adopted its Resolution No. 00-02 thereby declaring and designating the Historic Property as a historic landmark pursuant to the terms and provisions of Chapter 2.24 of the Rancho Cucamonga Municipal code; and, (iv) city and owner, for their mutual benefit, now desire to enter into this agreement both to protect and preserve the characteristics of historical significance of the Historic Property and to qualify the Historic Property for an assessment of valuation pursuant to the Provisions of Chapter 3, of Part 2, of Division 1 of the California Revenue and Taxation code. B. Agreement Now, THEREFORE, City and owner, in consideration of the mutual covenants and conditions set forth herein, do hereby agree as follows: 1. Effective d Term of Agreement. This Agreement shall be effective and commence on December 206 2000 and shall remain in effect for a term of ten years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 2, below. 2. Renewal. Each year on the anniversary of the effective date of this Agreement (hereinafter referred to as the "renewal date"), a year shall automatically be added to the initial term of this Agreement unless notice of nonrenewal is mailed as provided herein. If either owner or city desires in any year not to renew the Agreement, owner or city shall serve written notice of nonrenewal of the Agreement on the other party in advance of the annual renewal date of the Agreement. unless such notice is served by owner to city at least 90 days prior to the annual renewal date, or served by city to owner at least 50 days prior to the annual renewal date, one year shall automatically be added to -2- Page 203 the term of the Agreement as provided herein. owner may make a written protest of the notice. city may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to owner of nonrenewal. of either City or owner serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. standards for Historical Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements, and restrictions: a. Owner shall preserve and maintain the characteristics of historical significance of the Historic Property. Attached hereto, marked as Exhibit "B," and incorporated herein by this reference, is a list of those minimum standards and conditions for maintenance, use, and preservation of the Historic property, which shall apply to such property throughout the term of this Agreement. b. owner shall, where necessary, restore and rehabilitate the property according to the rules and regulations of the office of Historic Preservation of the state Department of Parks and Recreation and in accordance with the attached schedule of potential home improvements, drafted by the applicant and approved by the city Council, attached hereto as Exhibit "c." C. owner shall allow reasonable periodic examinations, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, state Department of Parks and Recreation, state Board of Equalization, and the city, as may be necessary to determine owner's compliance with the terms and provisions of this Agreement. 4. Provision of Information of CQ�rooration. owner hereby agrees to furnish city with any and all information requested by the City which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 3.. Page 204 5. Cancellation. City, following a duly noticed public hearing as set forth in California Government code sections 50280, et seq., may cancel this Agreement if it determines that owner breached any of the conditions of this Agreement or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property. city may also cancel this Agreement if it determines that the owner has failed to restore or rehabilitate the property in the manner specified in subparagraph 3(b) of this Agreement. In the event of cancellation, owner may be subject to payment of those cancellation fees set forth in California Government Code sections 50280, et seq. 6. Enforcement of Agreement. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, city may specifically enforce, or enjoin the breach of, the terms of this Agreement. In the event of a default, under the provisions of this Agreement by owner, City shall give written notice to Owner by registered or certified mail addressed to the address stated in this Agreement, and if such a violation is not corrected to the reasonable satisfaction of the city within 30 days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default if said breach or default cannot be cured within 30 days (provided that acts to cure the breach or default may be commenced within 30 days and must thereafter be diligently pursued to completion by owner), then city may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by owner or apply for such other relief as may be appropriate. city does not waive any claim of default by owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to the city to pursue in the event that there is a breach of this Agreement. No waiver by city of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereinunder. -4- Page 205 7. Binding Effect of Agreement. The owner hereby subjects the Historic Property described in Exhibit "A" hereto to the covenants, reservations, and restrictions as set forth in this Agreement. City and owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the owner's successors and assigns in title or interest to the Historic Property. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Agreement regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed or other instrument. city and owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein touch and concern the land in that owner's legal interest in the Historic Property is rendered less valuable thereby. city and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations, and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the Historic Property for the benefit of the public and owner. S. Noti ce. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto. To City: City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91729 Attention: City Planner To owner: ]ay Pocock 9611 Hillside Rancho Cucamonga, Ca. 91737 Is - Page 206 9. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. owner agrees to and shall hold city and its elected officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of owner or those of his contractor, subcontractor, agent, employee or other person acting on his behalf which relates to the use, operation, and maintenance of the Historic Property. owner hereby agrees to and shall defend the city and its elected officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of owner's activities in connection with the Historic Property. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the operations referred to in this Agreement regardless of whether or not the city prepared, supplied or approved the plans, specifications or other documents for the Historic Property. C. All of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner whatsoever. d. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. 46 - Page 207 e. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. f. This Agreement shall be construed and governed in accordance with the laws of the state of California. 10. Recordation. No later than 20 days after the parties execute and enter into this Agreement, the city shall cause this Agreement to be recorded in the office of the county Recorder of the county of San Bernardino. The owner shall be responsible for any fees required by the county for recording this Agreement. 11. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. IN WITNESS WHEREOF, city and owner have executed this Agreement on the day and year first written above. Dated: // -/, -' "l 0- Dated: v -3 - CSD Dated: By: -7- CITY OF RANCHO CUCAMONGA Owner der, Mayor Page 208 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN BERNARDINO ) on #`1! �' �L�` 4� Job , Kathy Scott, Deputy City Clerk of the city of Rancho Cucamonga, personally appeared WILLIAM J. ALEXANDER, personally know to me to be the person whose name is subscribed to within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. i r i� athy Scott Deputy city clerk City of Rancho Cucamonga STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN BERNARDINO ) ,on the � day of OG 0- , 200, before me_vt sw c)ud4h A &oma. Notary Pkb, personally appeared proved to on the basis of satisfactory evidence to be the persons whose name isApe subscribed to within instrument and acknowledged to me that he/40utMhs executed the same in hi authorized capacity, and the by hijkowA40A signature4-4ron the instrument the person*, or the entity upon behalf of which the person} acted executed the instrument. WITNESS my hand and official seal. p y " r AeasA EruDirHaEfComrr'scn,2Y - f C - ce' %juk) qryublic in and for said state Cc ,y - tl Page 209 LEGAL DESCRIPTION for Jay Pocock 9611 Hillside Rancho Cucamonga, Ca. 91737 TR No 2190 LOMITA HEIGHTS W 106 FT LOT 13 EX 5 133 FT AND EX BEG AT SE COR W 106 FT SD LOT TH N 140 FT TO TRUE POB TH W 50 FT TH N 132.8 FT M/L TI B L1 SD LOT TH E 50 FT Exhibit "A" Page 210 THE SECRETARY OF INTERIOR'S REHABILITATION STANDARDS 1. Every reasonable effort shall be made to provide a compatible use for a property that requires minimal alteration of the building, structure, or site, and its environment, or to the use of a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure, or site, and its environment shall not be destroyed. The removal or alteration of any historical material or distinctive architectural features should be avoided when possible. 3.All buildings, structures, and sites shall be recognized as products of their own time. Alterations which have no historical basis and which seek to create an earlier appearance shall be discouraged. 4.changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site, and its environment. 5.Distinctive stylistic features or examples of skilled craftsmanship, which characterize a building, structure, or site, shall be treated with sensitivity. 6.Deteriorated architectural features shall be repaired rather than replaced, wherever possible. in the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historical, physical, or pictorial evidence, rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. 7.The surface cleaning of structures shall be undertaken with the most gentle means possible. sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8.Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any acquisition, protection, stabilization, preservation, rehabilitation, restoration, or reconstruction project. 9.contemporary design for alteration and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historic, architectural, or cultural material and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment. 10.wherever possible, new additions or alterations to structures shall be done in such a manner that, if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired. Exhibit "B-1" -10- Page 211 PROPERTY MAINTENANCE Property Maintenance. All buildings, structures, yards and other improvements shall be maintained in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited: 1. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls, and windows; 2. scrap lumber, junk, trash or debris; 3. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items; 4. stagnant water or excavations, including pools or spas; 5. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition or its inappropriate location. EXHIBIT °B-2" -11- Page 212 POTENTIAL. HOME IMPROVEMENTS for ]ay Pocock 9611 Hillside Rancho Cucamonga, ca. 91737 The following is a list of renovation projects the applicant plans to complete. Future projects proposed by the applicant or by the legal inheritors of this contract will be reviewed by the Historic Preservation commission's staff. ITEM YEAR _ TASK 1. 2000 Remodel Downstairs Bathroom 2. 2001 Remodel / Repair upstairs Bathroom 3. 2002 Paint Entire Downstairs Area 4. 2003 Add 3,000 - 4,000 Sq.Ft. to Existing structure 5. 2004 New Roof 6. 2005 Install Central Heating and Air conditioning 7. 2006 Paint Exterior 8. 2007 Repair Structrual support of upstairs Floor 9. 2008 Remodel Master Bedroom and Bath 10. 2009 Plant vineyard (1 acre) EXHIBIT "C" 3? - Page 213 ded in county RrBernardino. LaarryRWalker, Recorder San No. 20010267072 9 Q Y Recording Requested b and Doc 1 : 26pm 07/09/01 when Recorded Return to: 205 40280538 01 15 City Clerk City of Rancho Cucamonga 1 z a ' M S a 8 e M a 10500 Civic Center PG FEE AFe I GIMS PN CPY I CAT CPY ADD NM PEN PA PCOA City of Rancho Cucamonga, CA 91730 S1--- 6 NON ST !N SYY c1Tr TRANS TAX I OA I CNNG XAM FIRST AMENDMENT TO HISTORIC PRESERVATION AGREEMENT (City of Rancho Cucamonga/Jay Pocock) THIS FIRST AMENDMENT is made and entered into as of this 21St day of June 2001, and is an amendment to that certain AGREEMENT that was made and entered as of December 20, 2000, by and between the City of Rancho Cucamonga, a municipal corporation ("City"), and Jay Pocock (hereinafter referred to as the "Owner"). RECITALS A. The agreement between City and Owner was recorded on December 28, 2000, with a description of the property attached as Exhibit A. B. The agreement between City and Owner was recorded by the County of San Bernardino County Recorder's office, Document Number 20000468521. C. The property description in Exhibit A was incorrect and this amendment to the Agreement is to effectuate a correct description. NOW THEREFORE, in consideration of the performance by the parties of the promises, covenants, and conditions herein contained, the parties hereto agree to amend the Agreement as follows: Exhibit A of the Agreement is amended to read as follows: "PTN SE 114 Sec 22 TP IN R 7W DESC AS COM 543 FT W AND 918.25 FT N OF SE COR SD SEC TH N 400 FT TH W 326.7 FT TH S 400 FT TH E 326.7 FT TO POB SUBJECT TO FLOOD CONTROL EASEMENT EX ST 5-9-88 #88-144615" 2. Except as herein amended, the Agreement shall remain in full force and effect. [Signatures on next page] Page 1 of 3 �o D0-01" Page 214 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. ATTEST: By. It i 4fd( Lc y � f City Clerk "City" CITY OF RANCHO UCAMONGA William J. Alexand6r, Mayor ker. am Page 2 of 3 Page 215 STATE OF CALIFORNIA } } ss. COUNTY OF SAN BERNARDINO) On 1,21�ZIOI before me, I C6RA - 4z�A ym , Notary Public, peonally appeared C personally known to rs me (or proved to me on the basis of satisfactory evidence) to be the person(!) whose name ) islam subscribed to the within instrument and acknowledged to me that he/y executed the same in hislhedUtek authori ed capacity(, and that by his/ha4tlieir signs urepd) on the instrument the person(), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. STATE OF CALIFORNIA ) ss. COUNTY OF SAN BERNARDINO) DEBRA J. Ai?AMS E�COMM. #1169926 Q UJaNOTARY PUBLIC • CALIFORMA SAN BERNARDINO COUNTY Ca Y romm Ezoires Jan, 17, 20021 On _, before me, .DCS&A fir. , Notary Public, personally appeared _42 CC� �- 7� ��z' personally known to me (or pr } to be the person(s) whose name(s) mare subscribed to the within instrument and acknowledged to me that 4ehsllg/they executed the same in hie44 their authorized capacity(ies), and that by hi'sAsrltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature 44& -4 - Notary Public ?did&� Page 3 of 3 Page 216 Attachment H RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: City Clerk APN: PORTION OF APN 1061-571-01 Record Fee: Exempt pursuant to SPACE ABOVE THIS LINE FOR RECORDER'S Government Code Section 27383. Second Amendment to Historic Property Preservation Agreement This Second amendment ("Second Amendment") to that certain Historic Property Preservation Agreement dated October 11, 2000 ("Agreement"), is made and entered into as of the day of , 2019, by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation (hereinafter referred to as the "City") and MONTE VISTA ASSETS, INC., a California corporation ("Owner"). Recitals A. California Government Code Section 50280, et seq., authorizes cities to enter into contracts with the owners of qualified historical property to provide for the use, maintenance, and restoration of such historical property so as to retain its characteristics as property of historical significance. B. The Owner hereby represents and warrants that it is the record owner of the real property, together with the associated structures and improvements thereon, including the structure commonly known as the Grandma Issak House, generally located at 9611 Hillside Road, Rancho Cucamonga, California 91737, and more particularly described as Exhibit "A" of the Agreement ("Historic Property"). C. The City and the Owner's predecessor in interest, Kimberly and Jay Pocock ("Prior Owners"), entered into the Agreement in order to protect and preserve the characteristics of historical significance of the Historic Property and to qualify the Historic Property for an assessment of valuation pursuant to the Mills Act, California Government Code Sections 50280 et seq. and Revenue and Taxation Code Sections 439 et seq. D. On June 21, 2001, the Agreement was amended to correct the legal description of the Historic Property. E. In accordance with Section 7 of the Agreement, the covenants, reservations, and restrictions set forth in the Agreement are deemed covenants running with the land and pass to and are binding upon the Prior Owners' successors and assigns in title or interest 11231-0001-2320202v2doc Page 217 to the Historic Property, such as the Owner. The Owner represents and warrants that it is a successor in interest to the Prior Owners. F. The Owner has applied for, and the City's Planning Commission has approved, Tentative Parcel Map No. 19855 (the "Parcel Map") to subdivide the Historic Property into four parcels. In conjunction with the approval of the Parcel Map, the Owner prepared, and the City reviewed, two separate historical resources surveys that both confirmed that the subdivision would not undermine the historical characteristics of the Historical Property, provided the Grandma Issak House is restored and maintained. G. The Parcel Map was conditioned to require this amendment to the Agreement in order to modify the new legal description of the Grandma Issak House and other changes consistent with the Mills Act. Agreement NOW, THEREFORE, City and Owner, in consideration of the mutual covenants and conditions set forth herein, do hereby agree as follows: 1. The Agreement's legal description of the Historic Property is hereby amended and replaced by Exhibit "A" of this Second Amendment, attached hereto and incorporated herein by this reference. As of the date of this Second Amendment, any real property previously covered by the Agreement, but not specifically described in Exhibit "A," shall no longer be considered qualified historical property, as defined in Government Code Section 50280.1. 2. In addition to the requirements of Section 3 of the Agreement, Owner shall preserve, restore, and rehabilitate the Historic Property in accordance with the conditions of approval required by the Parcel Map, and the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, the United States Secretary of the Interior's Standards for Rehabilitation, and the State Historical Building Code. 3. Section 8 of the Agreement is amended in its entirety to read as follows: "Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto: To City: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: City Planner To Owner: Monte Vista Assets, Inc. 8628 Hillside Road Alta Loma, CA 91701" Signature Page on Following Page 11231-OU011232o2o2v2 doc r Page 218 Executed this day of �.. , 20I9. CITY OF RANCHO CUCAMONGA: L. DENNIS MICHAEL Mayor of the City of Rancho Cucamonga ATTEST: (SEAL) JANICE C. REYNOLDS City Clerk Approved as to Form: JAMES L. MARKMAN City Attorney _3_ 1123 1 -000 1\23 2 020 2 v l. do c MONTE V 'TA AS S, INC.: teven W. Landis President Page 219 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of San Bernardino ) (J �r /j On - _«*��- 3 3�/ , before me, �k4-9�4 JR��0Z A104"- �u (insert name and title or the officer) Notary Public, personally appeared -54ve" W. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m d and official seal. Signature (Seal) -'2- 11231-0{N111226 2574 v2.doc SUSAN SPANIOL Notary Public • Caitrornla San Bernardino County Comission r 2284243 G.VCG'rrlm Exwn Apr 25. 2023 Page 220 EXHIBIT A LEGAL DESCRIPTION OF HISTORIC PROPERTY Legal Description of New Lot PORTION OF APN 1061-571-01 (PARCEL 4, TPM NO. 19855) BEGINNING AT THE NORTHEAST CORNER OF LOT 36 OF TRACT NO. 9569, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS FILED IN BOOK 139 OF MAPS, PAGES 8 THROUGH 10, INCLUSIVE, SAID POINT BEING ON A LINE 33.00 FEET SOUTH AND PARALLEL WITH THE CENTERLINE OF HILLSIDE ROAD, SAID POINT ALSO BEING THE NORTHWEST CORNER OF TENTATIVE PARCEL MAP NO. 19855; THENCE SOUTH 89E38'47" EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF 124.27 FEET; THENCE SOUTH 42E45'45" EAST, A DISTANCE OF 21.95 FEET; THENCE SOUTH OOE25'53" WEST, A DISTANCE OF 89.74 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 100.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE, AN ARC DISTANCE OF 26.18 FEET, THROUGH A CENTRAL ANGLE OF 15EOO'04"; THENCE SOUTH 15E25'57" WEST, A DISTANCE OF 57.52 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 50.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE, AN ARC DISTANCE OF 13.16 FEET, THROUGH A CENTRAL ANGLE OF 15EO4'44" TO A POINT ON A LINE 233.18 FEET SOUTH AND PARALLEL WITH THE CENTERLINE OF SAID HILLSIDE ROAD; THENCE NORTH 89E38'47" WEST, ALONG SAID PARALLEL LINE, A DISTANCE OF 119.00 FEET TO THE EAST LINE OF SAID TRACT NO. 9569, SAID LINE ALSO BEING THE WEST LINE OF SAID TENTATIVE PARCEL MAP NO. 19855; THENCE NORTH OOE20'48" EAST, ALONG SAID EAST LINE AND SAID WEST LINE, A DISTANCE OF 200.18 FEET TO THE POINT OF BEGINNING. CONTAINING APPROXIMATELY 0.616 ACRES 11231-0001L320202v1d"c Page 221 DATE: November 6, 2019 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Julie A. Sowles, Library Director Brian Sternberg, Deputy Director of Library Services Ruth Cain, Procurement Manger SUBJECT: CONSIDERATION TO USE OF BRODART COMPANY TO PROVIDE MATERIALS ACQUISITIONS SERVICES TO THE RANCHO CUCAMONGA PUBLIC LIBRARY. RECOMMENDATION: Staff recommends City Council approve the use of Brodart's services for the acquisition of materials for the Library's print and audio visual collections. BACKGROUND: Brodart is a long-standing materials vendor for the Library Services Department and a full-service library materials supplier, providing books, audiobooks and other formats to libraries for over 80 years. Brodart specializes in offering customized services to libraries including cataloging, processing, selection ordering lists, curation of specialty collections and more. Brodart currently provides these services to the Rancho Cucamonga Public Library with the Library annually ordering thousands of titles for the collection. ANALYSIS: A primary component to Brodart's scope of services is to provide the Library with pre-processed and shelf -ready library materials. A long-standing, custom technical profile exists between Brodart's cataloging and materials processing workflows, and the Library's SirsiDynix Horizon Integrated Library System (ILS). This technical profile allows for an efficient process from the time an order is placed, to the time it is checked -out by a library user. As a result, significant savings in both materials costs and staff time are realized. Library users expect these efficiencies to be maintained and for the collection to remain current, with new titles arriving daily, professionally processed, and ready for check out. Based on the services Brodart has previously provided for the Library, a Single Source Memo was submitted to and approved by the Procurement Manager. Staff requests that the City Council accept this single source bid. Due to Brodart's experience and familiarity with the Library's customized cataloging specifications and materials workflows, a single source justification process will be the most efficient way to ensure library patrons receive excellent service and the benefit of a high quality, relevant collection that meets the community's educational and entertainment needs. FISCAL IMPACT: The cost of materials acquisitions services from Brodart was budgeted and approved for Fiscal Year Page 222 2019-2020. The amount funded is not to exceed $400,000. Funding for this service will come from Library Fund objects: 1290603-5200 Literacy Services -Operations & Maintenance 1290603-5300 Literacy Services -Contract Services 1290604-5200 Bookmobile Services -Operations & Maintenance 1290604-5300 Bookmobile Services -Contract Services 1290606-5200 Archibald Library -Operations & Maintenance 1290606-5300 Archibald Library -Contract Services 1290607-5200 Paul A. Biane Library -Operations & Maintenance 1290607-5300 Paul A. Biane Library -Contract Services COUNCIL GOAL(S) ADDRESSED: Providing superior Library Services to residents enhances the overall quality of life in Rancho Cucamonga. It also directly enhances the City's position as the premier community in our region and fully supports other city-wide initiatives such as Healthy RC. ATTACHMENTS: Description Memorandum, Library Services Department Agreement for Professional Service Page 223 MEMORANDUM 1,II3RARY SERVICES DEPARTMENT Date: August 15, 2019 To: Ruth Cain, Purchasing Manager From: Julie A. Sowles, Library Director Initiated By: Cara Vera, Library Services Manager ' ,L RANCHO ,UCAMONGA Subject: SINGLE SOURCE JUSTIFICATION FOR BRODART CO. FOR THE PURCHASE, PROCESSING AND CATALOGING OF LIBRARY MATERIALS RECOMMENDATION: To accept a single source procurement for scope of services to the Rancho Cucamonga Public Library for purchase of library materials from Brodart Co., that will include "shelf -ready" cataloging and processing of books. BACKGROUND Brodart Co. is a full-service library materials supplier, providing books, audiobooks and other formats to libraries for 80 years. Brodart specializes in offering customized services to libraries including cataloging, processing, selection ordering lists, curating of specialty collections and more. Brodart currently provides these services to the Rancho Cucamonga Public Library, and the Library orders thousands of titles each year for the Archibald Library, Paul A. Biane Library, Literacy Program and the Bookmobile collections. This customized ordering means that significant Library staff time and effort have been dedicated to setting up and updating exact cataloging and processing specifications, as well as ordering and user profiles. Furthermore, Brodart Co.'s customized services have been precisely programmed to the Library's Sirsi Dynix Horizon integrated library system (ILS) in such a way that the two systems "speak" to each other and system administration between them is closely aligned. The Library has worked in conjunction with both these vendors for many years and in FY 2018-19 completed a thorough review of our cataloging and processing specifications to bring them up to date and create greater efficiencies for our ILS system. ANALYSIS: Staff requests that the City bypass the standard procurement process and use a single source procurement of Brodart Co.'s scope of services to provide the Library with pre-processed and shelf - ready materials. Several important reasons exist for the request including: • Interrupting the long-standing technical setup that exists between Brodart Co.'s cataloging and materials processing workflow and the SirsiDynix Horizon ILS would be highly inefficient and cause major interruptions in providing materials to our patrons. Page 224 SINGLE SOURCE JUSTIFICATION FOR BRODART CO. FOR THE PURCHASE, PAGE 2 PROCESSING AND CATALOGING OF LIBRARY MATERIALS AUGUST 15, 2019 • Significant cost and staff time would be needed for the setup of new cataloging and processing specifications, profiles, integration with the Library's Horizon software and overall customization that would be needed with a new vendor. Such setup takes months of preparation, beta testing, and troubleshooting. In sum, potentially changing a materials vendor through a competitive bid process would cause an abrupt, lengthy and unnecessary interruption in the availability of new materials to the residents of Rancho Cucamonga. Library users expect the collection to be current, with new titles arriving daily, professionally processed, and ready for check out. Continuing with Brodart Co. through a single source justification process will ensure such service is provided to our community in an uninterrupted and fluid manner. FISCAL IMPACT: Not to exceed $400,000 annually for library materials and shelf -ready processing. Will be funded by Library Fund 1290603-5200, 1290604-5200, 1290604-5300, 1290606-5200, 1290606-5300, 1290607-5200, 1290607-5300 COUNCIL GOAL(S) ADDRESSED: Not applicable. ATTACHMENTS: Attachment 1 — Brodart Co., Pricing Sheet Attachment 2 — Brodart Co., Single Source Form Page 225 Pricing for Rancho Cucamonga Public Library Discounts Items will be supplied to the Rancho Cucamonga Public Library at publisher's list prices less the following discounts: Trade Hardcover Editions 48.0%* Non -Trade Hardcover & Paperback Editions 10.0%* Publisher's Library Editions 23.0% BrodartBound 23.0% Single Reinforced Editions (School & Library) 41.0% Trade & Mass Market Paperbacks 41.0%* * Hardcover and paperback titles on which Brodart receives minimal or no discount and/or the publisher requires prepayment may be discounted at the non -trade discount or invoiced at publisher's list price. Cataloging and Processing Compleat options: Live Access methodology Z39.50 Access methodology $4.15/item $3.65/item Physical Processing for Books Brodart will complete the physical processing for books as specified by the library. Pricing offered is a bundled price and includes the following: • Barcode • Spine label • Taped Mylar jacket or label protectors when not covered by jacket • Branch labels or system stamps • Genre label — up to 3 on the spine • Bibliotheca RFID tag encoded with barcode (Customer supplied) Reinforcement Services • BrodartGuard • BrodartConvert Collection Development Services Collection Builder (Customized Selection Lists) Collection Builder Custom Selection Lists FASTips (Standing Orders) FASTips Profiles TIPS Profiles (Profiled Selection Lists) Silver TIPS Diamond TIPS Online TIPS lists Lists posted to your Bibz account Online Tool Bibz is Brodart's online collection development and ordering tool. Unlimited Users Shipping Shipments made via UPS to the branch libraries $2.00 $4.25 No Charge No Charge No Charge Up to 12 lists, $2,400/yr. No Charge No Charge No Charge Page 226 CITY OF RANCHO CUCAMONGA 9k SINGLEISOLE SOURCE JUSTIFICATION FOR PURCHASES $5,000 AND ABOVE R�N(1-to The below information is provided in support of my Department requesting approval for a single/sole source. Outside of a duly declared emergency, the time to develop a statement of work or specifications is not in itself justification for single or sole source. Vendor: Brodart Co. Date: Jul 10, 2019 Commodity/Service: Purchasing, processing and cataloging of library materials. Estimated expenditure: $400,000.00 Your Name: Brian Sternberg Extent of market search conducted: Brodart Co. is a long established City vendor that provides Library materials with shelf -ready processing and rratalnn'snrr Within an actahlicharl matarialc calartinn Price Reasonableness: Fair Does moving forward on this product/service further obligate the City to future similar contract actual arrangements? A PSA will completed for a 7 year period with the option to renew or cancel each year. DEFINITIONS: SINGLE SOURCE — a transaction with a business entity that is chosen, without competition, from among two or more business entities capable of supplying or providing the goods or services that meet the specified need - SOLE SOURCE - A transaction with the only business entity capable of supplying or providing the goods or services that meet the specified need. Initial all entries below that apply to the proposed purchase (more than one entry will apply to most single/sole source productslservices requested). If needed, attach a memorandum containing complete justification and support documentation as directed in initial entry. THIS IS A SINGLE SOURCE F,/1 THIS IS A SOLE SOURCE PURCHASE r (check one). 1. SINGLE/SOLE SOURCE REQUEST IS FOR THE ORIGINAL MANUFACTURER, THERE ARE NO REGIONAL DISTRIBUTORS. (Item no. 3 also must also be completed). 2. THE PARTS/EQUIPMENT ARE NOT INTERCHANGEABLE WITH SIMILAR PARTS OF ANOTHER MANUFACTURER. (Explain in separate memorandum). D:'.TempFilcs%Temporary Internet Files10LK2IC.Sole Source Justification Form (3).doc Page 227 Single/Sole Source Justification Form Page 2 3. THIS IS THE ONLY KNOWN ITEM OR SERVICE THAT WILL MEET THE SPECIALIZED NEEDS OF THIS DEPARTMENT OR PERFORM THE INTENDED FUNCTION. (Attach memorandum with details of specialized function or application). 4. UNIQUE FEATURES OF THE SUPPLY/SERVICE BEING REQUESTED. THERE IS NO ALTERNATIVE SUPPLIER. (Attach memorandum with reasons why these unique features are and what benefit the City will accrue.) 5. THE PARTS/EQUIPMENT ARE REQUIRED FROM THIS SOURCE TO PERMIT STANDARDIZATION (Attach memorandum describing basis for standardization request). 6. NONE OF THE ABOVE APPLY. A DETAILED EXPLANATION AND JUSTIFICATION FOR THIS SINGLE/SOLE SOURCE REQUEST IS CONTAINED IN ATTACHED MEMORANDUM. The undersigned requests that competitive procurement be waived and that the vendor identified as the supplier of the service or material described in this single/sole source justification be authorized as a single/sole source for the s rvic r material. l f Department Head: U Department: 0 • • • + • (• . ) • . . Purchasing Department • * • • • • • • • • APPROVED APPROVED WITH CONDITION/S DISAPPROVE Comments: $5,000 - $50,000 APPROVED BY PURCHASING MANAGER: $50,000 --100,000 APPROVED BY CITY MANAGER: $100,000 AND OVER See comments above by Purchasing Division, attach to Council Request Date: Date: CITY COUNCIL ACTION: Date: D: Tempriles Temporary Internet Files-.0LK2ICSole Source Justification Form (3).doc 11.1,18-tt7 Page 228 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this 1 st day of July, 2019, by and between the City of Rancho Cucamonga, a municipal corporation ("City") and Brodart Co, a general partner ("Contractor"). RECITALS A. City has heretofore issued its request for proposals to perform the following services: providing processing and technical services of library materials ("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 providing processing and technical services of library materials, all as more fully set forth in the Contractor's proposal, dated July 1, 2019 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 v enuur intuaes PSA without professional liability insurance (contractor) Page I Last Revised: 05/22/14 Page 229 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 "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 3 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 seven (7) 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 $approved budget amount for FY 2019-2020 ( ), 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 v enuur intuaes PSA without professional liability insurance (contractor) Page 2 Last Revised: 05/22/14 Page 230 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 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 Julie A. Sowles, Library 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, Lisa Miosi 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"). 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. venaorinznais PSA without professional liability insurance (contractor) Page 3 Last Revised: 05/22/14 Page 231 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 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, v enuur intuaes PSA without professional liability insurance (contractor) Page 4 Last Revised: 05/22/14 Page 232 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 PropertX. 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 v enuur intuaes PSA without professional liability insurance (contractor) Page 5 Last Revised: 05/22/14 Page 233 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 87 100) 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 v enuur intuaes PSA without professional liability insurance (contractor) Page 6 Last Revised: 05/22/14 Page 234 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 Subro ag tion. 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. venaorinznais PSA without professional liability insurance (contractor) Page 7 Last Revised: 05/22/14 Page 235 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: (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. PSA without professional liability insurance (contractor) Last Revised: 05/22/14 v enuur intuaes Page 8 Page 236 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 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 PSA without professional liability insurance (contractor) Last Revised: 05/22/14 v enuur intuaes Page 9 Page 237 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 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 - v enuur intuaes PSA without professional liability insurance (contractor) Page 10 Last Revised: 05/22/14 Page 238 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 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: Julie A. Sowles , Library Director 12505 Cultural Center Drive Rancho Cucamonga, CA 91739 If to Contractor: Lisa Miosi, Vice President of Customer Care 500 Arch Street Williamsport, PA 17701 PSA without professional liability insurance (contractor) Last Revised: 05/22/14 v enuur intuaes Page 11 Page 239 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 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. v enuur intuaes PSA without professional liability insurance (contractor) Page 12 Last Revised: 05/22/14 Page 240 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. 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: Brodart Co. I� LI -A Name Date Title Name Date Title (two signatures required if corporation) PSA without professional liability insurance (contractor) Last Revised: 05/22/14 City of Rancho Cucamonga LIM Name Title Date venaorinznais Page 13 Page 241 EXHIBIT A SCOPE OF SERVICES PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Vendor Initials Page 14 Page 242 Exhibit A Brodart Co. Contract with Rancho Cucamonga Public Library Scope of Work • Cost/Discount Schedules. Please see Exhibit I, Brodart's Pricing Proposal, outlining the discounts by format, cataloging and processing fees, collection development service prices, as well as fees related to our online ordering tool and shipping. • Collection Development Services. Please refer to Exhibit II for a complete description of Brodart Co.'s Collection Development Services. • Cataloging and Processing. For a description of the options available to Rancho Cucamonga for cataloging and processing, please refer to Exhibit III. • Management Reports. Exhibit IV gives a complete description of the management reports available to Rancho Cucamonga Public Library. Page 243 Pricing for Rancho Cucamonga Public Library Exhibit Discounts Items will be supplied to the Rancho Cucamonga Public Library at publisher's list prices less the following discounts: Trade Hardcover Editions 48.0%* Non -Trade Hardcover & Paperback Editions 10.0%* Publisher's Library Editions 23.0% BrodartBound 23.0% Single Reinforced Editions (School & Library) 41.0% Trade & Mass Market Paperbacks 41.0%* Hardcover and paperback titles on which Brodart receives minimal or no discount and/or the publisher requires prepayment may be discounted at the non -trade discount or invoiced at publisher's list price. Cataloging and Processing Compleat options: Live Access methodology Z39.50 Access methodology $4.15/item $3.65/item Physical Processing for Books Brodart will complete the physical processing for books as specified by the library. Pricing offered is a bundled price and includes the following: • Barcode • Spine label • Taped Mylar jacket or label protectors when not covered by jacket • Branch labels or system stamps • Genre label — up to 3 on the spine • Bibliotheca RFID tag encoded with barcode (Customer supplied) Reinforcement Services • BrodartGuard • BrodartConvert Collection Development Services Collection Builder (Customized Selection Lists) Collection Builder Custom Selection Lists FASTips (Standing Orders) FASTips Profiles TIPS Profiles (Profiled Selection Lists) Silver TIPS Diamond TIPS Online TIPS lists Lists posted to your Bibz account Online Tool Bibz is Brodart's online collection development and ordering tool. Unlimited Users Shipping Shipments made via UPS to the branch libraries $2.00 $4.25 No Charge No Charge No Charge Up to 12 lists, $2,400/yr. No Charge No Charge No Charge Page 244 Collection Development Services Exhibit II TIPS Title Information Preview Service Brodart's TIPS delivers new and forthcoming title information to libraries through customized profiling. We are experts in collection development services and have served libraries through TIPS since 1993. Public libraries around the country, large and small alike, have used TIPS for their ongoing selection needs for many years. Urban libraries currently subscribing include Fort Worth Public Library, Free Library of Philadelphia, Las Vegas -Clark County Library District, Los Angeles Public Library, and Miami -Dade Public Library. TIPS saves you countless hours by delivering selection lists according to your needs. Choose from Silver or Diamond service levels to accommodate the complexities of your selection criteria. You choose the service and we notify you of the titles that meet your criteria! Silver TIPS' Monthly lists of the most popular titles delivered to your online account. Full -text reviews are provided when available. Silver TIPS Descriptions CHILDREN'S Board Books for Libraries • Formats appropriate for public library use in terms of size, shape, and materials • Selected by our children's buyer • Most titles due for publication within next two months Top Children's Hardcover Titles • Popular and high-quality books for children through age twelve • Emphasis on picture books, but nonfiction, fiction, and graphic novels also included • Seasonal coverage for holidays plus one topical backlist each month • Most titles are one month prepublication Top Children's Paperback Titles • Best new releases for children through age twelve • Many reprints of popular hardcovers, but also includes paperback originals, especially popular series • Emphasis on titles classed as Easy, but also includes fiction and nonfiction • Most titles one month pre -publication or current month of publication Children's KidSafe Graphic Novels • Graphic novels that have been reviewed book -in -hand or online and judged suitable for children through age twelve • Titles are both popular and high quality • Includes manga and other series, plus important single titles and nonfiction in a graphic format • Includes a range of publication dates due to book -in -hand review requirement Fresh Reads for Kids Brodart Co. Page 245 1111111=140 Forthcoming titles from children's favorite authors Primarily picture books and fiction, with some easy readers and nonfiction included • Hardcover, reinforced, and library editions, as well as paperbacks • Publication dates from the current month up to three months prepublication Children's and Teen Nonfiction Picks Recreational non-fiction titles for youth that may or may not be reviewed Hardcover, reinforced, and library editions, as well as paperbacks Publication dates are up to 2 months prepublication Top Teen Hardcover Titles • Popular and high-quality titles for middle school and high school readers (age ten and up) • Emphasis on fiction, particularly science fiction, fantasy, and horror; also includes nonfiction for recreation and school support • Selected high interest/low reading level titles and graphic novels • Most titles are one month prepublication Top Teen Paperback Titles • Best new releases for middle school and high school readers (age ten and up) • Many reprints of popular hardcovers, but also includes paperback originals, especially popular series • Emphasis on fiction, but some nonfiction and graphic novels included • Most titles one month prepublication or current month of publication Teen KidSafe Graphic Novels • Graphic novels that have been reviewed book -in -hand or online and judged suitable for ages ten and up • Titles are both popular and high quality • Includes manga and other series, plus important single titles and nonfiction in a graphic format • Includes a range of publication dates due to book -in -hand review requirement Graphic Novel Reads for Teens • Popular graphic novels for ages ten through nineteen • Incorporates Teen KidSafe but expands the selection with other titles suitable for tweens and teens • Includes manga and other series, plus important single titles and nonfiction in a graphic format • Titles may be up to four months prepublication ADULT Popular Reading Blockbusters • Hardcover titles that no public library can be without! • Adult fiction and nonfiction from the most popular authors or on hot topics • Titles with large print runs and heavy publisher promotion • Three to four months prepublication Top Adult Hardcover Titles High demand adult popular reading 2 Brodart Co. Page 246 • Fiction and nonfiction from top-selling authors plus titles from promising first novelists • Selected movie tie-ins and graphic novels • Includes Blockbusters (available separately above) plus other titles to round out genre interests • Three to four months prepublication Top Large Print Hardcover • High demand adult popular reading • Fiction and nonfiction from top-selling authors plus titles from promising first novelists • Two to four month prepublication Top Adult Paperback Titles • The best upcoming paperback titles for a popular reading collection • Emphasis on high demand authors and titles, including titles that were New York Times Bestsellers in hardcover • Mostly fiction but some nonfiction included • Includes both originals and reprints, trade and mass markets • Most titles one month prepublication UrbanFix • Urban fiction (aka street lit) for the adult collection • Emphasis on African-American characters in an urban setting • Includes titles with sex, violence, drugs and strong language • Primarily trade paperback but some hardcovers and mass markets included • Most titles from current month up to two months prepublication Large Print • Extensive list of large print offerings from all the major publishers • Most titles are adult fiction, but adult nonfiction and some titles for young readers also included • Most titles are two months prepublication Christian Fiction • Christian Fiction for the adult collection • Emphasis on Evangelical Christian fiction; also includes Urban Christian • Hardcover and trade paperback bindings • Publication dates from current month up to four months prepublication Specialty Programs Large Print TIPS • Extensive list of large print offerings from all the major publishers • Most titles are adult fiction, but adult nonfiction and some titles for young readers also included • Most titles are two months prepublication Picks for Public Libraries • Practical adult nonfiction that is not likely to be reviewed • Hardcovers and paperbacks on topics such as computers, math, health, business, weddings, pet care, and more • 125 to 150 titles per month chosen by our experienced staff • Most titles one month prepublication Graphic Novel Reads for Adults 3 Brodart Co. Page 247 • Popular graphic novels intended for an adult audience • Includes manga and other series, plus important single titles and nonfiction in a graphic format • Most titles one to three months prepublication SPANISH Top Spanish Titles • The best fiction and nonfiction for native Spanish speakers • Titles from offshore and U.S. publishers • Focus on international authors, but also includes translations of popular U.S. titles • Publication dates vary from two months prepublication to six months post - publication (but recently available for U.S. distribution) Adult Spanish TIPS • Recommended Spanish language fiction and nonfiction • Titles from offshore and U.S. publishers; originals and translations • Focus on fiction and practical nonfiction in hardcover and paperback • Includes Top Spanish Titles (available separately above) plus others to expand the selections • Publication dates vary Children's & Teen Spanish TIPS • Recommended bilingual and Spanish language titles for preschool through high school • Titles from offshore and U.S. publishers; originals and translations • Focus on picture books and nonfiction, but also includes fiction, board books, and graphic novels • Publication dates vary AUDIO Top Spoken Word Audio Titles • New releases from popular authors • Focus on high demand titles with bestsellers and various fiction genres; some nonfiction included • Most titles are for adults, but select children's and teen titles included • Compact disc (both regular and MP3); more unabridged than abridged; retail editions with some library editions included • Most titles two to three months prepublication Diamond TIPS** Brodart's hallmark TIPS. Customized title lists, delivered to your online account weekly, twice monthly, or monthly. Transform Silver TIPS lists into Diamond by specifying parameters such as publisher, author, series, subject category, and format. Or create review -based, custom profiles for title lists with full -text reviews from your favorite review journals. For example, you want the Large Print Fiction list but with titles from Thorndike excluded. Or, you want Children's Nonfiction, but only certain Dewey ranges. 4 Brodart Co. Page 248 Or, you want a Teen Fiction profile based on Booklist, School Library Journal and VOYA plus a list of authors. Or, you want an Adult Nonfiction profile that includes Library Journal, Publishers Weekly, and Picks for Public Libraries. Journals currently available: (There is no limit on the number of review journals per profile.) Booklist (includes online reviews) BookPage Bulletin of the Center for Children's Books Horn Book Kirkus Library Journal (includes online reviews) Library Journal Prepub Alert New York Times Book Review (no full text available) Publishers Weekly (includes online reviews) School Library Journal (includes online reviews) VOYA *Silver TIPS are free of charge for Brodart customers "Diamond TIPS pricing: Up to 3 profiles for $100 monthly Up to 8 profiles for $200 monthly Up to 15 profiles for $300 monthly TIPS is designed so that profiles can be layered. Often this is used to block titles on one profile from appearing on another. For example, titles on a bestseller profile can be blocked from a profile of reviewed titles. All age levels and subject areas can be covered by TIPS profiles. Each Diamond level subscriber sets parameters for age range and subject coverage. Subject coverage can be defined by Dewey ranges, Library of Congress classification ranges, broad classifications (e.g. easy, fiction, nonfiction), or Brodart's own list of subject categories. Other parameters include a maximum price per title (optional), bindings, and material types (e.g. reprints, large print, serials, books with software). The subscriber also controls the frequency and format of the list. Lists can be generated weekly, twice monthly, or monthly. Selection timing is also a profiling choice. When journals are used for title identification, the journal determines the timing. In other words, if Publishers Weekly and Kirkus cover a title three months in advance, then it appears three months in advance on the TIPS list. Profiles driven by publisher, series or author are set with specific timeframes. Titles from these sources can be seen three months prepublication, two months prepublication, one month prepublication, at publication, one month after publication, two months after publication, or three months after publication. These "windows" can be set differently for different types of materials. For example, author and series profiling could be set two or three months before publication, anticipating immediate demand for the titles. Publisher profiling, however, could be set after publication, giving the titles a chance to be reviewed. 5 Brodart Co. Page 249 FASTips Brodart offers standing orders for popular adult and youth fiction and nonfiction through FASTips (Frequent Author & Series TIPS). The profiling is very flexible and can accommodate unique needs. Most FASTips orders are based on author or series lists. Brodart offers the following lists to assist the library; however, these are not closed lists and the library can add authors or series as needed. • Adult Authors—African-American and Urban Literature • Adult Authors—Fiction • Adult Authors—Inspirational • Adult Authors—Nonfiction • Adult Series—Fiction • Adult Series—Graphic Novels • Adult Series—Nonfiction and Biography • Adult Series—Travel Guides • Children's Authors • Children's Series—Chapter Books • Children's Series—Easy Readers • Children's Series—Fiction • Children's Series—Graphic Novels • Children's Series—Nonfiction and Biography • Children's Series—Picture Books and Board Books • Teen Authors • Teen Series—Fiction • Teen Series—Graphic Novels • Teen Series—Nonfiction and Biography Other sources such as starred reviews, bestseller lists, and Brodart programs can also be used for FASTips automatic orders. Special collection areas that can be covered by FASTips include board books, large print, browsing paperbacks, travel books, and Spanish. The library would first select the authors, series, or other criteria desired. Then they would set other parameters for the automatic order including format (bind preference), classification, age range, material types, and maximum price. The library would also set the timeframe for ordering. Three months prepublication is the current standard. Orders can be prepared by Brodart and delivered to the library via Bibz.com with grids applied for branch, quantity, and other grid values. Brodart can submit the order via Bibz.com or share the list to library staff for review and modification if needed. Orders can then be submitted via Bibz.com or downloaded as MARC files for import into your ILS for EDI ordering. After the orders are submitted, they are visible with status information through the Order History tab of Bibz.com. Additional reporting can be arranged through your Customer Care Associate. There is no charge for FASTips automatic order profiles. D Brodart Co. Page 250 Collection Builder® Custom Selection Lists Brodart has identified more than 400 recommended bibliographies, review journals, and other sources, and has indexed them in our up-to-date title database. This extensive resource enables us to produce custom selection lists for a wide range of collection development needs such as collection building in specific areas, coordinated replacement ordering, or planning opening day collections. • These comprehensive selection lists present the titles in shelf -list order for a systematic approach to collection development. • Each citation on the selection list includes call number, author, title, publisher, date, price, ISBN, bind, descriptors, media, age range, title status, review citations, and the sources which contain the title. • It is easy to review the titles, make your selections, and mark the orders right on the list. • To request a selection list, tell us the subject to be covered, age levels, types of bindings, publication dates, and other pertinent information. We may provide a profile to walk you through the process. • Prepared selection lists are typically delivered within one week. These custom selection lists are provided free of charge in Bibz to active Brodart customers with the understanding that any titles ordered from these lists are to be ordered from Brodart. Ongoing Vendor Selection Brodart offers a comprehensive plan for the selection of any category of English or Spanish language print materials. Brodart becomes responsible for the selection of titles, assigning of quantities, and budget management as profiled by the Library staff. This service is intended to minimize the labor required by the Library staff to maintain the collection while still meeting the needs of your clientele. Profilinq Brodart will assign an experienced Collection Development Project Manager. She will in turn assign one or more selectors depending on the collection categories to be covered. Brodart's selection staff is the largest and most experienced in the industry. Selectors whose skills most closely match your needs would be assigned to this project. She will work with you to finalize a profiling document that will provide our selection instructions. Details on each category would be included as well such as definitions, format preferences, and publication date parameters. The profile should be reviewed and approved by both parties before selection would begin. This document would be jointly reviewed on a regular basis and modified and updated as needed. Budgets by category are required for any areas covered by the vendor selection. Any changes made to budgets must be made in writing to the Collection Development Project Manager. Selectinn Upon completion of the profile documents, Brodart would design processes to identify the titles needed across all applicable subject areas and material types. Brodart's selectors would choose the titles most appropriate for the Library, assigning quantity and applying grid information in Bibz.com if needed. Professional judgment would be applied to each and every 7 Brodart Co. Page 251 selection decision taking into consideration profile parameters, category budgets, and circulation patterns. Ordering Brodart staff would prepare orders using our website, Bibz.com. The Library can review and modify the orders if needed, or release them without further action. The orders can be placed either directly through Bibz or via EDI after MARC records with items are downloaded from Bibz. This proposal assumes that all titles prepared for order by Brodart will be ordered from Brodart. Change Orders Any substantial changes to profile instructions must be made in writing to the Collection Development Project Manager before they can be implemented. Depending on the type of change required, it may take two to four weeks for implementation. Costs and Invoicing At the beginning of each month, Brodart would count the number of items prepared for order the previous month. A separate invoice would be generated for professional services at the following rate: Per item pricing would be determined after general requirements are gathered. This pricing is based on several factors including the collection categories to be covered initially, the total anticipated volume, and number of copies per title. The pricing for ongoing selection will be reviewed at the beginning of each fiscal year and modified if needed. For example, if the collection categories change for ongoing purchasing, Brodart reserves the right to renegotiate the price per item. Action Plan Once the proposal is accepted and the profile finalized, Brodart could deliver the first selections within four weeks. 0 Brodart Co. Page 252 Cataloging and Processing Exhibit III Compleat Cataloging Methodology Brodart's Compleat cataloging service provides book -in -hand cataloging and item level processing for your entire print collection. Brodart offers two methods for performing customized book -in hand cataloging. Both options provide your library with customized MARC records aligned with your local practices and specifications. Option #1 - Live Access to Horizon Currently our catalogers maintain live access to your Horizon database to create MARC and item records. With book in hand, Brodart's catalogers access RCPL's database to locate a matching record following your matching criteria. Using the matchpoints specified by the library, the catalogers determine if an item can be processed as an added copy or if new cataloging is required. If a match is found in Horizon, the accuracy of the record is verified and the library's existing call number is used to create labels and to complete the item level processing. When new cataloging is required, our catalogers review, modify and upgrade Library of Congress Cataloging records or provide original MARC cataloging. A local call number is added in the 099 field for new records and is used to print labels and to complete the item level processing. Option #2 - Z39.50 Access to Horizon Alternatively, Brodart catalogers can access your Horizon database using Z39.50. With book in hand, Brodart's catalogers access RCPL's database via Z39.50 to locate a matching record following your matching criteria. When a matching record is found in Horizon, RCPL's local call number in the 099 field of the MARC record is used to print labels and to complete the item level processing. A 949 holdings tag is created for each item being added to the collection following your Horizon 949 field requirements. When new cataloging is required, our catalogers review, modify and upgrade Library of Congress cataloging records or provide original MARC cataloging to meet your cataloging requirements. A local call number is assigned in the 099 field to meet your classification requirements and is used to print labels and complete the item level processing. A 949 holdings tag is created for each item being added to the collection following your Horizon 949 field requirements. After cataloging is completed, all bibliographic records with 949 holdings data are saved to files which are available to the Library via FTP or email. An email notification is sent to library personnel so the records can be retrieved and loaded into your database. These files are posted once a day. Brodart Cataloging Standards Brodart uses the Library of Congress cataloging database as our primary resource for MARC records. If a Library of Congress record is not available, we create an original record with book in hand. We adhere to the Library of Congress rules for both MARC format and authority control. Page 253 You will always receive full -level, high quality cataloging records for your material. We base our descriptive cataloging on RDA (Resource Description and Access) and the accompanying Library of Congress -Program for Cooperative Cataloging Policy Statements (LC -PCC PSs) or AACR2r (Anglo- American Cataloging Rules, 2nd edition revised) and accompanying Library of Congress Rule Interpretations. When an RDA record is available, we accept and modify the record according to RDA; when an AACR2r record is available, we accept and modify the record according to AACR2r. When both an RDA record and an AACR2r record are available, we will choose the RDA record and modify the record according to RDA. If no record is available, we catalog according to RDA. In addition, we use Library of Congress Subject Headings, latest edition, Dewey Decimal Classification, 23rd edition, MARC 21 specifications and Guidelines on Subject Access to Individual Works of Fiction, Drama, Etc, (GSAFD, 2nd Edition). We adhere to the Library of Congress rules for both MARC format and authority control. Page 254 Management Reports Exhibit IV Brodart can provide a number of reports to assist RCPL with tracking the status of orders. These reports will include customized detailed information based on your requirements. Separate reports can be generated at different frequencies for each of your accounts. Confirmation Report Confirmation of titles ordered can be supplied to RCPL when orders are entered. The Confirmation Report will include the author/editor, title, ISBN, list price, discount, extended price, and status (not yet published, out of print, must order direct) and is available via e- mail or FTP. The confirmation reports are generated by account number, and titles will be arranged alpha by author or by title. Orders transmitted via EDI will receive an EDI acknowledgment within an hour stating the status of each item ordered. Web site orders transmitted through Bibz, Brodart's online collection development and ordering tool, will receive same-day order status information. On -Order Title Status Report Brodart offers a number of options for receiving order status information. The Order History tab in Bibz allows the library to access not only orders that have been submitted through Bibz, but also orders submitted to Brodart via EDI, telephone, or any other order method. A summary is provided indicating current status (entered, booked or closed). Orders may be searched and sorted to provide quick reference of specific details. Each order can be opened to show title level detail with current status information such as shipped, in process, back ordered, cancelled, etc. This can be used in place of or in conjunction with confirmation, status and cancellation reports. Packing List Packing Lists are generated for each order and include the title, author, ISBN, quantity shipped, customer purchase order and list price for each item. The Packing List is placed in the last carton of every shipment. The carton indicates that a packing slip is enclosed. This packing document also shows a control number, which can be matched with a corresponding invoice. Cancellation Reports Brodart will notify RCPL of cancellations on a title -by -title basis. The Cancellation Report will include the ISBN, quantity ordered, author, title, list price, purchase order number, and the reason the title was cancelled. RCPL has chosen to receive the cancellation report monthly by account number and by purchase order number. Fund Report Brodart's Do -Not -Exceed (DNE) system provides accurate fund accounting for all orders. This system allows the library to specify the exact amount of money budgeted for each category and will fulfill all orders up to, but not exceed the monetary limit. In addition to the budgeted amount for each defined category the Fund Report states the invoiced amount, backordered amount, cancelled amount and the total amount encumbered (ordered, backordered, in -process and invoiced). Page 255 Standard Invoicing Options Other invoicing options include: • an invoice to match every packing slip • a consolidated weekly invoice • a consolidated monthly invoice Brodart's invoices are available in duplicate and include the title, author, ISBN, publisher, published date, quantity, list price, discount, unit price, and extended price, as well as your purchase order number. Cataloging and processing charges can be either billed on a separate invoice or listed on an item invoice as a separate line item. Invoices are available in paper or electronically via e-mail or FTP. EDI formatted invoices are available for orders sent to Brodart in an EDI formatted purchase order transaction. Our payment terms are net 30 days from the date of the invoice. RCPL chooses to receive an invoice within the shipment which is separated by purchase order. The cataloging and processing charges are billed on a separate invoice. Shelflist Report The Shelflist Report was designed specifically for opening day collection projects. This report has multiple uses including reconciling your new collection and determining your shelving plan. It provides the call number, title, author, EAN, purchase order number, invoice number, packing slip number, barcode number, and complete item holdings information for every item delivered to the library. Page 256 CONTRACT ACCEPTANCE Rancho Cucamonga Public Library Ongoing Material for Three (3) Years With the option of four (4) additional one (1) year renewals not to exceed seven (7) years total IN WITNESS WHEREOF, this contract is executed on the 1st day of July, 2019 By: Rancho Cucamonga Public Library Authorized Signature Print Name and Title Date By: Brodart Co. Authorized Signature Print Name and Title Date Page 257 BRODA-1 OP In- AS '4kk Ro CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/Y19 09/09/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 570-326-7241 The Hartman Agency, Inc. 420 William Street CONTACT Ashley A. Sitler PHONE570-326-7241 FAX 570-326-6996 (AIC, No, Ext): (A/C, No): Williamsport, PA 17701 M6,: . Ash ey @hartmangroup1.com Mark C. Sitler 01/01/2019 01/01/2019 01/01/2020 01/01/2020 INSURERS AFFORDING COVERAGE NAIC # INSURER A: Travelers Insurance Company 38130 MED EXP (Any oneperson) S 5,000 INSURED Brodart Co 500 Arch St Williamsport, PA 17701 INSURER 8: INSURER C: PRODUCTS -COMP/OP AGG $ 2,000,000 Emp Ben. 1MM12MM INSURER D: INSURER E : LIABILITY ANY AUTO AIUTOS ONLY NED F AUTOpSyUVLED AUT OS ONLY ATOS ONL� Comp $1000 X Coll $1000 INSURER F: X COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTRNSR TYPE OF INSURANCE ADDL SUB POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR X CONTRACTUAL INC. X X 630-279D4590 01/01/2019 01/01/2019 01/01/2020 01/01/2020 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED a occu a ce $ 100,000 MED EXP (Any oneperson) S 5,000 PERSONAL 8 ADV INJURY S 1,000,000 _ GEN'L AGGREGATE LIMIT APPLIES PER2,000,000 X POLICY El P- � LOC JEReT OTHER GENERAL AGGREGATE $ PRODUCTS -COMP/OP AGG $ 2,000,000 Emp Ben. 1MM12MM A AUTOMOBILE X X LIABILITY ANY AUTO AIUTOS ONLY NED F AUTOpSyUVLED AUT OS ONLY ATOS ONL� Comp $1000 X Coll $1000 X X BA -21_544519 01/01/2019 01/01/2020 CO a8cd., SINGLE LIMIT $ 1,000,000 BODILY INJURY Per person)$ BODILY INJURY Per accident $ PRO DAMAGE $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE X X CUP -9J504762 01/01/2019 01/01/2020 EACH OCCURRENCE $ 15,000,000 AGGREGATE S 15,000,000 DED I X I RETENTION $ -0- WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N I A PER OTH- SI6TLITE E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Build. & Contents 630-279D4590 01/01/2019 01/01/2020 69,277,043 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) The Rancho Cucamonga Public Library, The City of Cucamonga's elected officials, officers, agents and employees are added as addtional insured per written aggrement. Insurance is primary and waiver of subrogation applies. CITYOFR City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. UZED REPRESENTATIVE r - e:i� ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 258 Y-630-279D4590-COF-19 Effective: 01/01/2019 COMMON POLICY CONDITIONS - DELUXE All Coverage Parts included in this policy are subject to the following conditions. A. CANCELLATION C. EXAMINATION OF YOUR BOOKS AND 1. The first Named Insured shown in the RECORDS Declarations may cancel this policy by mailing We may examine and audit your books and or delivering to us advance written notice of records as they relate to this policy at any time cancellation. during the policy period and up to three years 2. We may cancel this policy by mailing or afterward. delivering to the first Named Insured written D. INSPECTIONS AND SURVEYS notice of cancellation at least: 1. We have the right but not obligated to: a. 10 days before the effective date of a. Make inspections and surveys at any cancellation if we cancel for nonpayment time; of premium; or bb. Give you reports on the conditions we . 60 days before the effective date of find; and cancellation if we cancel for any other reason. c. Recommend changes. 3. We will mail or deliver our notice to the first 2. We are not obligated to make any Named Insured's last mailing address known inspections, surveys, reports or to us. recommendations and any such actions we 4. Notice of cancellation will state the effective do undertake related only to insurability and date of cancellation. If the policy is cancelled, the premiums to be charged. We do not make that date will become the end of the policy safety inspections. We do not undertake to period. If a Coverage Part is cancelled, that perform the duty of any person or date will become the end of the policy period organization to provide for the health or safety as respects that Coverage Part only. of workers or the public. And we do not Cancellation will not affect coverage on any warrant that conditions: shipment in transit on the date of the a. Are safe or healthful; or cancellation. Coverage will continue in full b. Comply with laws, regulations, codes or force until such property is delivered and standards. accepted. 3. Paragraphs 1. and 2. of this condition apply 5. If this policy or any Coverage Part is not only to us, but also to any rating, advisory, cancelled, we will send the first Named rate service or similar organization which Insured any premium refund due. If we makes insurance inspections, surveys, cancel, the refund will be pro rata. If the first reports or recommendations. Named Insured cancels, the refund may be less than pro rata. The cancellation will be 4. Paragraph 2. of this condition does not apply effective even if we have not made or offered to any inspections, surveys, reports or a refund. recommendations we may make relative to 6. If notice is mailed, proof of mailing will be certification, under state or municipal statutes, sufficient proof of notice, ordinances or regulations. of boilers, pressure B. CHANGES vessels or elevators. This policy contains all the agreements between E. PREMIUMS you and us concerning the insurance afforded. 1. The first Named Insured shown in the The first Named Insured shown in the Declarations: Declarations is authorized to make changes in the a. Is responsible for the payment of all terms of this policy with our consent. This policy's premiums; and terms can be amended or waived only by b. Will be the payee for any return premiums endorsement issued by us and made a part of this policy. we pay. IL T3 18 05 11 (Rev. 09-181 Includes copyrighted material of Insurance Services Office, Inc with its permission. Page 1 of 2 Page 259 Y-630-279D4590-COF-19 Effective: 01/01/2019 2. We compute all premiums for this policy in accordance with our rules, rates, rating plans, premiums and minimum premiums. The premium shown in the Declarations was computed based on rates and rules in effect at the time the policy was issued. On each renewal continuation or anniversary of the effective date of this policy, we will compute the premium in accordance with our rates and rules then in effect. F. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. G. WHEN WE DO NOT RENEW If we decide not to renew this policy we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 60 days before the expiration date. H. DELUXE PROPERTY COVERAGE PART - REFERENCE TO FORMS AND ENDORSEMENTS In some instances, the Deluxe Property Declarations may list endorsements included in the Deluxe Property Coverage Part that reference: 1. The Commercial Property Coverage Part; 2. The Commercial Inland Marine Coverage Part; 3. Commercial Property forms including, but not limited to, the following: a. Building and Personal Property Coverage Form; b. Business Income Coverage Form; c. Commercial Property Conditions; d. Causes of Loss — Special Form; e. Causes of Loss — Earthquake Form. 4. Commercial Inland Marine Forms including but not limited to the Transportation Coverage — Special Form Endorsements referencing the Commercial Property Coverage Part, Commercial Inland Marine Coverage Part, Commercial Property Forms, or Commercial Inland Marine Forms apply to the Deluxe Property Coverage Forms in the same manner as they apply to the Forms they reference. INSURANCE UNDER TWO OR MORE COVERAGE PARTS If two or more of this policy's Coverage Parts apply to the same loss or damage, we will not pay more than the actual amount of the loss or damage. This policy consists of the Common Policy Declarations and the Coverage Parts and endorsements listed in that declarations form. In return for payment of the premium, we agree with the Named Insured to provide the insurance afforded by a Coverage Part forming part of this policy. That insurance will be provided by the company indicated as insuring company in the Common Policy Declarations by the abbreviation of its name opposite that Coverage Part. One of the companies listed below (each a stock company) has executed this policy, and this policy is countersigned by the officers listed below: The Travelers Indemnity Company (IND) The Phoenix Insurance Company (PHX) The Charter Oak Fire Insurance Company (COF) Travelers Property Casualty Company of America (TIL) The Travelers Indemnity Company of Connecticut (TCT) The Travelers Indemnity Company of America (TIA) Travelers Casualty Insurance Company of America (ACJ) w�/ � d� Secre/tary President Page 2 of 2 Includes copyrighted material of Insurance Services Office. Inc. with its permission IL T3 18 05 11 (Rev. 09-18) Page 260 Y-630-279D4590-COF-19 Effective: 01/01/2019 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), Paragraph 4. (Other Insurance), is amended as follows: 1. The following is added to Paragraph a. Primary Insurance: However, if you specifically agree in a written con- tract or written agreement that the insurance pro- vided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insur- ance is primary to other insurance that is avail- able to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs; and b. The "personal injury" or "advertising injury" for which coverage is sought arises out of an of- fense committed subsequent to the signing and execution of that contract or agreement by you. 2. The first Subparagraph (2) of Paragraph b. Ex- cess Insurance regarding any other primary in- surance available to you is deleted. 3. The following is added to Paragraph b. Excess Insurance, as an additional subparagraph under Subparagraph (1): That is available to the insured when the insured is added as an additional insured under any other policy, including any umbrella or excess policy. CG DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved Page 1 of 1 Page 261 Y-630-279D4590-COF-19 Effective: 01/01/2019 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR COMMERCIAL INDUSTRIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured B. Blanket Additional Insured — Broad Form Vendors C. Damage To Premises Rented To You • Perils of fire, explosion, lightning, smoke, water • Limit increased to $300,000 D. Blanket Waiver Of Subrogation E. Blanket Additional Insured — Owners, Managers Or Lessors Of Premises F. Blanket Additional Insured — Lessors Of Leased Equipment G. Incidental Medical Malpractice H. Personal Injury — Assumed By Contract I. Amended Bodily Injury Definition PROVISIONS A. BROADENED NAMED INSURED 1. The following is added to SECTION II — WHO IS AN INSURED: Any organization, other than a partnership or joint venture, over which you maintain owner- ship or majority interest on the effective date of the policy qualifies as a Named Insured However, coverage for any such organization will cease as of the date during the policy pe- riod that you no longer maintain ownership of, or majority interest in, such organization. 2. The following replaces Paragraph 4.a. of SECTION II — WHO IS AN INSURED: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, unless reported in writing to us within 180 days. J. Bodily Injury To Co -Employees And Co -Volunteer Workers K. Aircraft Chartered With Crew L. Non -Owned Watercraft — Increased From 25 Feet To 50 Feet M. Increased Supplementary Payments • Cost of bail bonds increased to $2,500 • Loss of earnings increased to $500 per day N. Medical Payments - Increased Limit O. Knowledge And Notice Of Occurrence Or Offense P. Unintentional Omission Q. Reasonable Force — Bodily Injury Or Property Damage B. BLANKET ADDITIONAL INSURED — BROAD FORM VENDORS The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that is a vendor and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with re- spect to liability for "bodily injury" or `property damage" that: a. Is caused by an "occurrence" that takes place after you have signed and executed that con- tract or agreement; and b. Arises out of "your products" which are dis- tributed or sold in the regular course of such vendor's business. The insurance provided to such vendor is subject to the following provisions: CG 04 58 07 13 0 2013 The Travelers Indemnity Company. All rights reserved Page 1 of 7 Includes copyrighted material of Insurance Services Office, Inc with its permission Page 262 Y-630-279D4590-COF-19 Effective: 01/01/2019 COMMERCIAL GENERAL LIABILITY a. The limits of insurance provided to such ven- dor will be the limits which you agreed to pro- vide in the written contract or agreement, or the limits shown in the Declarations of this Coverage Part, whichever are less. b. The insurance provided to such vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in "your products" made intentionally by such vendor; (4) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, ad- justments, tests or servicing as vendors agree to perform or normally undertake to perform in the regular course of business, in connection with the distribution or sale of "your products"; (6) Demonstration, installation, servicing or repair operations, except such operations performed at such vendor's premises in connection with the sale of "your prod- ucts"; or (7) "Your products" which, after distribution or sale by you, have been labeled or rela- beled or used as a container, part or in- gredient of any other thing or substance by or for such vendor. Coverage under this provision does not apply to: a. Any person or organization from whom you have acquired "your products", or any ingre- dient, part or container entering into, accom- panying or containing such products; or b. Any vendor for which coverage as an addi- tional insured specifically is scheduled by en- dorsement. C. DAMAGE TO PREMISES RENTED TO YOU JURY AND PROPERTY DAMAGE LIABIL- ITY: Exclusions c. through n. do not apply to dam- age to premises while rented to you, or tem- porarily occupied by you with permission of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. A separate limit of insurance applies to such damage to premises as described in Para- graph 6. of Section III — Limits Of Insurance. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pres- sure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from wa- ter: c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 2. The following replaces Paragraph 6. of SEC- TION III — LIMITS OF INSURANCE: Subject to 5. above, the Damage To Prem- ises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire; explosion; lightning smoke resulting from such fire, explosion, or lightning; or wa- ter. The Damage To Premises Rented To You Limit will apply to all damage proximately caused by the same "occurrence", whether such damage results from fire; explosion; lightning; smoke resulting from such fire, ex- plosion, or lightning; water; or any combina- tion of any of these. The Damage To Premises Rented To You Limit will be the higher of: a. $300,000; or 1. The following replaces the last paragraph of b. The amount shown on the Declarations of Paragraph 2., Exclusions, of SECTION I — this Coverage Part for Damage To Prem - COVERAGES — COVERAGE A BODILY IN- ises Rented To You Limit. Page 2 of 7 0 2013 The Travelers Indemnity Company All rights reserved CG D4 58 07 13 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 263 Y-630-279D4590-COF-19 Effective: 01/01/2019 3. The following replaces Paragraph a. of the definition of "insured contract" in the DEFINI- TIONS Section: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or tempo- rarily occupied by you with permission of the owner, caused by: (1) Fire; (2) Explosion; (3) Lightning; (4) Smoke resulting from such fire, ex- plosion, or lightning; or (5) Water. is not an "insured contract"; 4. The following replaces Paragraph 4.b.(1)(b) of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: (b) That is insurance for premises rented to you, or temporarily occupied by you with the permission of the owner; D. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph B., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LI- ABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work"; or .your products". We waive this right where you have agreed to do so as part of a written contract, executed by you prior to loss. E. BLANKET ADDITIONAL INSURED — OWNERS, MANAGERS OR LESSORS OF PREMISES The following is added to SECTION 11 — WHO IS AN INSURED: Any person or organization that is a premises owner, manager or lessor and that you have agreed in a written contract or agreement to name as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury', "property damage", "personal injury" or "advertising injury' that: COMMERCIAL GENERAL LIABILITY a. Is "bodily injury" or "property damage" caused by an "occurrence" that takes place, or "per- sonal injury" or "advertising injury" caused by an offense that is committed, after you have signed and executed that contract or agree- ment; and b. Arises out of the ownership, maintenance or use of that part of any premises leased to you. The insurance provided to such premises owner, manager or lessor is subject to the following pro- visions: a. The limits of insurance provided to such premises owner, manager or lessor will be the limits which you agreed to provide in the written contract or agreement, or the limits shown on the Declarations of this Coverage Part, whichever are less. b. The insurance provided to such premises owner, manager or lessor does not apply to: (1) "Bodily injury" or "property damage" caused by an 'occurrence" that takes place, or "personal injury" or "advertising injury' caused by an offense that is com- mitted, after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such premises owner, manager or lessor. c. The insurance provided to such premises owner, manager or lessor is excess over any valid and collectible other insurance available to such premises owner, manager or lessor, unless you have agreed in a written contract for this insurance to apply on a primary or contributory basis. F. BLANKET ADDITIONAL INSURED — LESSORS OF LEASED EQUIPMENT The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that is an equipment lessor and that you have agreed in a written con- tract or agreement to include as an additional in- sured on this Coverage Part is an insured. but only with respect to liability for "bodily injury', "property damage", "personal injury" or "advertis- ing injury" that: a. Is "bodily injury" or "property damage" caused by an "occurrence" that takes place, or "per- sonal injury' or "advertising injury" caused by an offense that is committed, after you have CG D4 58 07 13 © 2013 The Travelers Indemnity Company All rights reserved. Page 3 of 7 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 264 Y-630-279D4590-COF-19 Effective: 01/01/2019 COMMERCIAL GENERAL LIABILITY G signed and executed that contract or agree- ment; and b. Is caused, in whole or in part, by your acts or omissions in the maintenance, operation or use by you of equipment leased to you by such equipment lessor. The insurance provided to such equipment lessor is subject to the following provisions: a. The limits of insurance provided to such equipment lessor will be the limits which you agreed to provide in the written contract or agreement, or the limits shown on the Decla- rations of this Coverage Part, whichever are less. b. The insurance provided to such equipment lessor does not apply to any "bodily injury" or "property damage" caused by an 'occurrence" that takes place, or "personal injury" or "ad- vertising injury" caused by an offense that is committed, after the equipment lease expires. c. The insurance provided to such equipment lessor is excess over any valid and collectible other insurance available to such equipment lessor, unless you have agreed in a written contract for this insurance to apply on a pri- mary or contributory basis. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to the definition of "oc- currence" in the DEFINITIONS Section: Unless you are in the business or occupation of providing professional health care services, "occurrence" also means an act or omission committed in providing or failing to provide "incidental medical services" to a person 2. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages, b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; c. First aid; or d. "Good Samaritan services'. "Good Samaritan services" means any emer- gency medical services for which no compen- sation is demanded or received. 3. The following is added to Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED: Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to any "bodily injury" arising out of any providing or failing to provide "incidental medical services" by any of your "employees", other than an employed doctor. Any such "employees" providing or failing to provide "incidental medical services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 4. The following exclusion is added to Para- graph 2., Exclusions, of SECTION I — COV- ERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuti- cals committed by, or with the knowledge or consent of, the insured. The following is added to Paragraph 5. of SECTION III — LIMITS OF INSURANCE: For the purposes of determining the applica- ble Each Occurrence Limit, all related acts or omissions committed in the providing or fail- ing to provide "incidental medical services" to any one person will be considered one "oc- currence". 6. The following is added to Paragraph 4.b., Ex- cess Insurance, of SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDI- TIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED. H. PERSONAL INJURY — ASSUMED BY CON- TRACT 1. The following replaces Exclusion e., Contrac- tual Liability, in Paragraph 2. of SECTION I — COVERAGES — COVERAGE B PER- SONAL AND ADVERTISING INJURY LI- ABILITY: Page 4 of 7 © 2013 The Travelers Indemnity Company All rights reserved CG D4 58 07 13 Includes copyrighted material of Insurance Services Office, Inc with its permission Page 265 Y-630-279D4590-COF-19 Effective: 01/01/2019 e. Contractual Liability "Personal injury" or "advertising injury" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to: (1) Liability for damages that the insured would have in the absence of the contract or agreement; or (2) Liability for damages because of "personal injury" assumed in a con- tract or agreement that is an "insured contract", provided that the "personal injury" is caused by an offense com- mitted subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable at- torneys fees and necessary litigation expenses incurred by or for a party other than an insured will be deemed to be damages because of "personal injury", provided that: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this in- surance applies are alleged. 2. The following replaces the third sentence of Paragraph 2. of SUPPLEMENTARY PAY- MENTS — COVERAGES A AND B: Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverage A — Bodily In- jury And Property Damage Liability or Para- graph 2.e. of Section I — Coverage B — Per- sonal and Advertising Injury Liability, such payments will not be deemed to be damages because of "bodily injury", "property damage" or "personal injury", and will not reduce the limits of insurance. 3. The following replaces Paragraph 2.d. of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B: d. The allegations in the "suit" and the in- formation we know about the *'occur- rence" or offense are such that no conflict appears to exist between the interests of COMMERCIAL GENERAL LIABILITY the insured and the interests of the in- demnitee; 4. The following replaces the first subparagraph of Paragraph f. of the definition of "insured contract" in the DEFINITIONS Section: f. That part of any other contract or agree- ment pertaining to your business (includ- ing an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury," "property damage" or "per- sonal injury" to a third person or organiza- tion. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. I. AMENDED BODILY INJURY DEFINITION The following replaces the definition of "bodily in- jury" in the DEFINITIONS Section: "Bodily injury" means bodily injury, mental an- guish, mental injury, shock, fright, disability, hu- miliation, sickness or disease sustained by a per- son, including death resulting from any of these at any time. J. BODILY INJURY TO CO -EMPLOYEES AND CO -VOLUNTEER WORKERS The following is added to Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED: Paragraph (1)(a) above does not apply to "bodily injury" to a co -"employee" in the course of the co - "employee's" employment by you or performing duties related to the conduct of your business, or to "bodily injury" to your other "volunteer workers" while performing duties related to the conduct of your business. K. AIRCRAFT CHARTERED WITH CREW The following is added to Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I — COVERAGES — COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: This exclusion does not apply to an aircraft that is: (a) Chartered with crew to any insured; (b) Not owned by any insured; and (c) Not being used to carry any person or prop- erty for a charge L. NON -OWNED WATERCRAFT 1. The following replaces Paragraph (2) of Ex- clusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I — COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, CG D4 58 07 13 C 2013 The Travelers Indemnity Company All rights reserved Page 5 of 7 Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 266 Y-630-279D4590-COF-19 Effective: 01/01/2019 COMMERCIAL GENERAL LIABILITY (2) A watercraft you do not own that is: (a) Fifty feet long or less; and (b) Not being used to carry any person or property for a charge. 2. The following is added to Paragraph 2. of SECTION II — WHO IS AN INSURED: Any person or organization that, with your ex- press or implied consent, either uses or is re- sponsible for the use of a watercraft that you do not own that is: (1) Fifty feet long or less; and (2) Not being used to carry any person or property for a charge. M. INCREASED SUPPLEMENTARY PAYMENTS 1. The following replaces Paragraph 1.b. of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION I — COVER- AGES: b. Up to 52,500 for cost of bail bonds re- quired because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to fur- nish these bonds. 2. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION I — COVER- AGES: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. N. MEDICAL PAYMENTS — INCREASED LIMIT The following replaces Paragraph 7. of SECTION III — LIMITS OF INSURANCE: 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C. for all medical expenses because of "bod- ily injury" sustained by any one person, and will be the higher of: (a) $10,000; or (b) The amount shown on the Declarations of this Coverage Part for Medical Expense Limit. O. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit, of SECTION IV — COMMERCIAL GEN- ERAL LIABILITY CONDITIONS: e. The following provisions apply to Paragraph a. above, but only for the purposes of the in- surance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section II — Who Is An Insured: (1) Notice to us of such "occurrence" or of- fense must be given as soon as practica- ble only after the "occurrence" or offense is known to you (if you are an individual), any of your partners or members who is an individual (if you are a partnership or joint venture), any of your managers who is an individual (if you are a limited liability company), any of your trustees who is an individual (if you are a trust), any of your "executive officers" or directors (if you are an organization other than a partnership, joint venture, limited liability company or trust) or any "employee" authorized by you to give notice of an "occurrence" or offense. (2) If you are a partnership, joint venture, lim- ited liability company or trust, and none of your partners, joint venture members, managers or trustees are individuals, no- tice to us of such "occurrence" or offense must be given as soon as practicable only after the "occurrence" or offense is known by: (a) Any individual who is: (i) A partner or member of any part- nership or joint venture; (ii) A manager of any limited liability company; (iii) A trustee of any trust; or (iv) An executive officer or director of any other organization; that is your partner, joint venture member, manager or trustee; or (b) Any "employee" authorized by such partnership, joint venture, limited li- ability company, trust or other organi- zation to give notice of an "occur- rence" or offense. (3) Notice to us of such "occurrence" or of- fense will be deemed to be given as soon as practicable if it is given in good faith as soon as practicable to your workers' compensation insurer. This applies only if you subsequently give notice to us of the "occurrence" or offense as soon as prac- ticable after any of the persons described in Paragraphs e.(1) or (2) above discov- Page 6 of 7 (D 2013 The Travelers Indemnity Company All rights reserved. CG D4 58 07 13 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 267 Y-630-279D4590-COF-19 Effective: 01/01/2019 ers that the 'occurrence" or offense may result in sums to which the insurance provided under this Coverage Part may apply. However, if this policy includes an endorse- ment that provides limited coverage for "bod- ily injury" or "property damage" or pollution costs arising out of a discharge, release or escape of "pollutants" which contains a re- quirement that the discharge, release or es- cape of "pollutants" must be reported to us within a specific number of days after its abrupt commencement, this Paragraph e. does not affect that requirement. P. UNINTENTIONAL OMISSION The following is added to Paragraph 6., Repre- sentations, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or unintentional er- ror in, any information provided by you which we relied upon in issuing this policy will not prejudice COMMERCIAL GENERAL LIABILITY your rights under this insurance. However, this provision does not affect our right to collect addi- tional premium or to exercise our rights of cancel- lation or nonrenewal in accordance with applica- ble insurance laws or regulations. Q. REASONABLE FORCE — BODILY INJURY OR PROPERTY DAMAGE The following replaces Exclusion a., Expected Or Intended Injury, in Paragraph 2. of SECTION I — COVERAGES — COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: a. Expected or Intended Injury or Damage "Bodily injury" or "property damage" expected or intended from the standpoint of the in- sured. This exclusion does not apply to -bod- ily injury" or "property damage" resulting from the use of reasonable force to protect any person or property. CG D4 58 07 13 iD 2013 The Travelers Indemnity Company All rights reserved. Page 7 of 7 Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 268 BA -2L544519 -19-14-G Effective: 01/01/2019 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any Injury, damage or medical expenses described In any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS —INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1.. Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional Insured Is an "insured" for Covered Autos Liability Coverage, but only for damages to which H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section 11. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 — COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in B.5.. Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow: and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your CA T3 53 02 15 f., 2015 The Travelers Indemnity Company All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 269 BA -2L544519 -19-14-G Effective: 01/01/2019 COMMERCIAL AUTO permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired. rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1.. Who Is An Insured, of SECTION 11 — COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2). of SECTION II — COVERED AUTOS LIABIL- ITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II — COVERED AUTOS LIABIL- ITY COVERAGE: (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (1) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described In Para- graph C., Limits Of Insurance, of SECTION II — COVERED AUTOS LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense of the "insured" against any such F. HIRED AUTO — LIMITED WORLDWIDE COV- "suit", but only up to and included ERAGE — INDEMNITY BASIS within the limit described in Para - The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION II — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to make such payments ends when we (5) Anywhere in the world. except any country or have used up the applicable limit of jurisdiction while any trade sanction, em- insurance in payments for damages, bargo, or similar regulation imposed by the settlements or defense expenses. United States of America applies to and pro- hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess. "auto" that you lease. hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c) This insurance is not a substitute for re - and that is not an "auto" you lease. hire, rent quired or compulsory insurance in any or borrow from any of your "employees". country outside the United States, its ter- partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 0 2015 The Travelers Indemnity Company All rights reserved. CA T3 53 02 15 Includes copyrighted material or Insurance Services Office, Inc with its permission. Page 270 $A -2L544519 -19-14-G Effective: 01/01/2019 You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America. its territories and possessions. Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b.. Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of 5750 for any one "accident". I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to S50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for 'loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and COMMERCIAL AUTO (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to 'loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of 'loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty: and c. The airbags were not intentionally inflated. We will pay up to a maximum of 51,000 for any one 'loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or 'loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership): (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization): or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.S., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident' or "loss", provided that the "accident' or "loss" arises out of operations contemplated by CA T3 53 02 15 C;- 2015 The Travelers Indemnity Company All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc with its permission Page 271 BA -2L544519 -19-14-G Effective: 01/01/2019 COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of. or unintentional person or organization designated in such error in. any Information given by you shall not contract. prejudice your rights under this insurance. How - N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col - The following Is added to Paragraph B.2.. Con- lett additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non -renewal. SECTION IV — BUSINESS AUTO CONDITIONS: Page 4 of 4 C 2015 The Travelers Indemnity Compa ny. All rights reserved CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 272 POLICY NUMBER CUP -9J504762-19 14 UMBRELLA ISSUE DATE: 01/14/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF UNDERLYING INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE Item 6 of the Declarations to include; POLICY LIMITS (000 OMITTED) COVERAGE COMPANY BA -002L544519-19 11000 CSL AUTO LIABILITY TIA 630-279D4590-19 1,000 EACH EMPLOYEE EMPLOYEE BENEFITS COF 2,000 AGGREGATE LIABILITY 630-279D4590-19 1,000 EACH OCCURRENCE GENERAL LIABILITY COF 11000 PERS/ADV INJURY 2,000 GENERAL AGGREGATE 2,000 PROD/COMP OPS AGG UB -9J341575 1,000 EACH ACCIDENT EMPLOYER'S LIABILITY TIA 1,000 AGG EMPLOYEE DISEASE 1,000 EACH EMPLOYEE DISEASE The policies shown above are issued in one or more of the Travelers Companies. The above company(s) translates as follows: TIA THE TRAVELERS INDEMNITY COMPANY OF AMERICA COF THE CHARTER OAK FIRE INSURANCE COMPANY COF THE CHARTER OAK FIRE INSURANCE COMPANY NONE "(If you have any employee exposure in the State of New York, the Employers Liability Limits are applicable only to bodily injury to your "non -subject employees" as defined under Rule VIII - Limits of Liability, A.2., of the WC/EL Manual of the State of New York)" PRODUCER HARTMAN AGENCY INC OFFICE READING PA 177 CG DO 23 04 96 Page 1 of 1 Page 273 CUP -9J504762-19-14 Effective: 01/01/2019 UMBRELLA COMMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this insurance the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and 'bur" refer to the Company providing this insurance. The word "insured" means any person or organization qualifying as such under SECTION II — WHO IS AN IN- SURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V — DEFINI- TIONS. SECTION I — COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY; and COVERAGE B. PER- SONAL INJURY AND ADVERTISING INJURY LIABILITY. 1. INSURING AGREEMENT. a. We will pay on behalf of the insured the "ulti- mate net loss' in excess of the "applicable underlying limit" which the insured becomes legally obligated to pay as damages because of "bodily injury', "property damage", "per- sonal injury" or "advertising injury" to which this insurance applies. This insurance applies to "bodily injury' or "property damage" only if: (i) The "bodily injury' or "property damage" is caused by an 'occurrence" that takes place anywhere in the world; (ii) The "bodily injury' or "property damage" occurs during the policy period: (iii) Prior to the policy period, no insured listed under Paragraph 1. of SECTION II — WHO IS AN INSURED and no em- ployee authorized by you to give or re- ceive notice of an 'occurrence" or claim, knew that the "bodily injury' or "property damage" had occurred, in whole or in part. If such a listed insured or authorized employee knew, prior to the policy period, that the "bodily injury' or "property dam- age" occurred, then any continuation, change or resumption of such "bodily in- jury' or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. This insurance applies to "personal injury' or "advertising injury" caused by an 'offense" committed during the policy period, anywhere in the world. b. Damages because of "bodily injury' include damages claimed by any person or organiza- tion for care, loss of services or death result- ing at any time from the "bodily injury'. c. "Property damage" that is loss of use of tan- gible property that is not physically injured shall be deemed to occur at the time of the "occurrence" that caused it. d. The amount we will pay for damages is lim- ited as described in SECTION III — LIMITS OF INSURANCE. The following provisions apply only with respect to Parts 1.a.(i), (ii) and (iii) above: 1. "Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have oc- curred by any insured listed under Paragraph 1. of Section II — Who Is An Insured or any employee authorized by you to give or re- ceive notice of an "occurrence" or claim, in- cludes any continuation, change or resump- tion of that "bodily injury" or "property damage" after the end of the policy period. 2. 'Bodily injury' or "property damage" will be deemed to have been known to have oc- curred at the earliest time when any insured listed under Paragraph 1. of SECTION II — WHO IS AN INSURED or any employee au- thorized by you to give or receive notice of an "occurrence" or claim: (a) Reports all, or any part, of the "bodily in- jury' or "property damage" to us or any other insurer; UM 00 01 1103 Copyright, The Travelers Indemnity Company, 2003 Page 1 of 13 Page 274 CUP -9]504762-19-14 Effective: 01/01/2019 UMBRELLA (b) Receives a written or verbal demand or claim for damages because of "bodily in- jury" or "property damage"; or (c) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. 2. DEFENSE OF CLAIMS OR SUITS. a. We will have no duty to defend any claim or "suit" that any other insurer has a duty to de- fend. If we elect to join in the defense of such claims or "suits", we will pay all expenses we incur. b. We will have the right and duty to defend any "suit" for damages which are payable under Coverages A or B (including damages wholly or partly within the "retained limit") but which are not payable by a policy of "underlying in- surance", or any other available insurance, because: (1) Such damages are not covered; or (2) The "underlying insurance" has been ex- hausted by the payment of claims. c. We may investigate and settle any claim or "suit" in b. above at our discretion. d. Our right and duty in b, above end when we have used up the "applicable limit of insur- ance" in the payment of judgments or settle- ments. e. We will pay, with respect to any claim or "suit" we defend in b. above: (1) All expenses we incur. (2) The cost of appeal bonds and bonds to release attachments, but only for bond amounts within the "applicable limit of in- surance". We do not have to furnish these bonds. (3) All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $250 a day because of time off from work. (b) deposited in court: the part of the judgment that is within the "applicable limit of insurance". (6) Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the "ap- plicable limit of insurance", we will not pay any prejudgment interest based on that period of time after the offer. These payments will not reduce the limits of insurance. In any jurisdiction outside the United States of America (including its territories and posses- sions), Puerto Rico or Canada where we may be prevented by law or some other factor beyond our control from carrying out the agreements under 1. INSURING AGREEMENT or 2. DEFENSE OF CLAIMS OR SUITS above: a. You must arrange to investigate, defend or settle any claim or "suit". b. You will not make any settlement without our consent. c. We will pay expenses incurred with our con- sent. 3. EXCLUSIONS. This insurance does not apply to: a. Expected or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the in- sured. This exclusion does not apply to "bod- ily injury" resulting from the use of reasonable force to protect persons or property. b. "Advertising Injury" "Offenses" (1) Breach of Contract "Advertising injury" arising out of a breach of contract, except an implied contract to use another's advertising idea in the course of advertising your goods, prod- ucts or services. (2) Quality Or Performance Of Goods — Failure To Conform To Statements (4) All costs taxed against the insured in the "Advertising injury" arising out of the fail - "suit". ure of goods, products or services to con - (5) All interest on the full amount of any form with any statement of quality or per - judgment that accrues after entry of the formance made in the course of judgment and before we have: advertising your goods, products or ser- a) paid, or offered to pay; or vices. Page 2 of 13 Copyright, The Travelers Indemnity Company, 2003 UM 00 01 1103 Page 275 CUP -9J504762-19-14 Effective: 01/01/2019 (3) Wrong Description Of Prices "Advertising injury" arising out of the wrong description of the price of goods, products or services stated in the course of advertising your products, goods or services. c. Employment -Related Practices "Bodily injury" or "personal injury" to: 1. A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employ- ment; or (c) Employment-related practices, poli- cies, acts or omissions, such as co- ercion, demotion, evaluation, reas- signment, discipline, defamation, harassment, humiliation or discrimi- nation directed at that person; or 2. The spouse, child, parent, brother or sis- ter of that person as a consequence of "bodily injury" or "personal injury" to that person at whom any of the employment- related practices described in paragraphs (a), (b) or (c) above is directed. This exclusion applies whether the insured may be held liable as an employer or in any other capacity; and, to any obligation to share damages with or repay someone else who must pay damages because of the injury. d. Contractual Liability "Bodily injury", "property damage", "personal injury" or "advertising injury" for which the in- sured assumed liability under a contract or agreement. This exclusion does not apply to "bodily injury", "property damage", "personal injury' or "advertising injury" to which any pol- icy of "underlying insurance" listed in the SCHEDULE OF UNDERLYING INSURANCE of the DECLARATIONS of this insurance, or any renewal or replacement thereof, applies or would apply but for the exhaustion of its limits of liability. Coverage provided will follow the same provisions, terms, definitions, ex- clusions, limitations and conditions of the pol- icy(ies) of "underlying insurance" listed in the SCHEDULE OF UNDERLYING INSURANCE of the DECLARATIONS of this insurance. e. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation, disability benefits or unem- UMBRELLA ployment compensation law or any similar law. f. Pollution "Bodily injury", "property damage", "personal injury' or "advertising injury' arising out of the actual, alleged or threatened discharge, dis- persal, seepage, migration, release or escape of "pollutants", or any loss, cost, expense or damages resulting therefrom, but this exclu- sion does not apply to "bodily injury", "prop- erty damage", "personal injury" or "advertising injury" to which any policy of "underlying in- surance" listed in the SCHEDULE OF UN- DERLYING INSURANCE of the DECLARA- TIONS of this insurance, or any renewal or replacement thereof, applies or would apply but for the exhaustion of its limits of liability. Coverage provided will follow the same provi- sions, terms, definitions, exclusions, limita- tions and conditions of the policy(ies) of "un- derlying insurance" listed in the SCHEDULE OF UNDERLYING INSURANCE of the DEC- LARATIONS of this insurance. g. Watercraft Or Aircraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, operation, use, including loading or unloading, or en- trustment to others of any watercraft or any aircraft. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) Liability assumed under any contract or agreement for the ownership, mainte- nance or use of a watercraft; (3) A watercraft over 50 feet in length which is chartered with crew by or on behalf of any insured; (4) A watercraft less than 50 feet long which you own; or (5) A watercraft less than 50 feet long which you do not own and is not being used to carry persons or property for a charge. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence' which caused the "bodily injury" or "property dam- age" involved the ownership, maintenance, UM 00 01 1103 Copyright, The Travelers Indemnity Company, 2003 Page 3 of 13 Page 276 CUP -9J504762-19-14 Effective: 01/01/2019 UMBRELLA use or entrustment to others of any watercraft or any aircraft that is owned or operated by or rented or loaned to any insured. h. "Personal Injury" Or "Advertising Injury" "Offenses" (1) Knowing Violation Of Rights Of An- other "Personal injury" or "advertising injury" caused by or at the direction of the in- sured with the knowledge that the act would violate the rights of another and would inflict "personal injury" or "advertis- ing injury" (2) Material Published With Knowledge Of Falsity "Personal injury" or "advertising injury" arising out of oral, written or electronic publication of material, if done by or at the direction of the insured with knowledge of its falsity. (3) Material Published Prior To Policy Pe- riod "Personal injury" or "advertising injury" arising out of oral, written or electronic publication of material whose first publica- tion took place before the beginning of the policy period. All "personal injury" or "advertising injury" arising out of publica- tion of the same or similar material sub- sequent to the beginning of the policy pe- riod is also excluded. (4) Criminal Acts "Personal injury" or "advertising injury" arising out of a criminal act committed by or at the direction of the insured. (5) Contractual Liability "Personal injury" or "advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to "personal injury" or "ad- vertising injury" to which any policy of "underlying insurance" listed in the SCHEDULE OF UNDERLYING INSUR- ANCE of the DECLARATIONS of this in- surance, or any renewal or replacement thereof, applies or would apply but for the exhaustion of its limits of liability. Cover- age provided will follow the same provi- sions, terms, definitions, exclusions, limi- tations and conditions of the policy(ies) of Page 4 of 13 "underlying insurance" listed in the SCHEDULE OF UNDERLYING INSUR- ANCE of the DECLARATIONS of this in- surance. (6) Insureds In Media And Internet Type Businesses "Personal injury" or "advertising injury" committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of websites for others; or (3) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs a., b. and c. of the "personal injury" definition in SECTION V — DEFI- NITIONS. For the purposes of this exclusion, the placing of frames, borders or links, or ad- vertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. (7) Electronic Chatrooms Or Bulletin Boards "Personal injury" or "advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. (8) Unauthorized Use Of Another's Name Or Product "Personal injury" or "advertising injury" arising out of the unauthorized use of an- other's name or product in your e-mail address, domain name or metatag, or any other similar tactics to mislead another's potential customers. Damage To Property "Property damage" to: (1) Property you own, rent or occupy, includ- ing any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhance- ment, restoration or maintenance of such property for any reason, including preven- tion of injury to a person or damage to another's property: Copyright, The Travelers Indemnity Company, 2003 UM 00 01 11 03 Page 277 CUP -9J504762-19-14 Effective: 01/01/2019 (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcon- tractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly per- formed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclu- sion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "prod- ucts -completed operations hazard". j. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. k. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products -completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. I. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: UMBRELLA (1) A defect, deficiency, inadequacy or dan- gerous condition in "your product" or "your work'; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your prod- uct" or "your work" after it has been put to its intended use. m. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or ex- pense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, re- placement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, in- adequacy or dangerous condition in it. n. Uninsured Motorists, Underinsured Motor- ists, "Auto" No -Fault, Medical Expenses Benefits and Income Loss Benefits Any liability imposed on the insured, or the in- sured's insurer, under any of the following laws: (1) Uninsured Motorists; (2) Underinsured Motorists; (3) "Auto" No -Fault Laws or other first party personal injury laws; or (4) Medical Expense Benefits and Income Loss Benefits Laws of any applicable state or jurisdiction. o. Liquor Legal Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or UM 00 01 1103 Copyright, The Travelers Indemnity Company, 2003 Page 5 of 13 Page 278 CUP -9J504762-19-14 Effective: 01/01/2019 UMBRELLA (3) Any statute, ordinance or regulation relat- ing to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distributing, sell- ing, serving or furnishing alcoholic beverages. This exclusion does not apply to "bodily in- jury' or "property damage" to which any policy of "underlying insurance" listed in the SCHEDULE OF UNDERLYING INSURANCE of the DECLARATIONS of this insurance, or any renewal or replacement thereof, applies or would apply but for the exhaustion of its limits of liability. Coverage provided will follow the same provisions, terms, definitions, ex- clusions, limitations and conditions of the pol- icy(ies) of "underlying insurance" listed in the SCHEDULE OF UNDERLYING INSURANCE of the DECLARATIONS of this insurance. SECTION II — WHO IS AN INSURED. 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insur- eds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an in- sured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an in- sured. Your members are also insureds, but only with respect to the conduct of your busi- ness. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. As respects the "auto hazard": (1) Anyone using an "auto" you own, hire or borrow including any person or organiza- tion legally responsible for such use pro- vided it is with your permission; and (2) Any of your executive officers, directors, partners, employees or stockholders, op- erating an "auto" you do not own, hire or Page 6 of 13 borrow while it is being used in your busi- ness. None of the following is an insured under (1) or (2) above: (a) Any person employed by or engaged in the duties of an auto sales agency, repair shop, service station, storage garage or public parking place that you do not operate; (b) The owner or lessee of any "auto" hired by or for you or loaned to you, and any agent or employee of such owner or lessee. b. Except as respects the "auto hazard": (1) Your executive officers, employees, direc- tors or stockholders while acting within the scope of their duties; and (2) Any person or organization while acting as real estate manager for you. c. Any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership or major- ity interest, will be deemed to be a Named In- sured. However, coverage does not apply to: (1) "Bodily injury" or "property damage" that occurred before you acquired or formed the organization; and (2) 'Personal injury' or "advertising injury" arising out of an 'offense" committed be- fore you acquired or formed the organiza- tion. d. Any person or organization having proper temporary custody of your property if you die. but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. e. Your legal representative if you die, but only with respect to duties as such. That represen- tative will have all your rights and duties un- der this insurance. Any other person or organization insured un- der any policy of the "underlying insurance" listed in the SCHEDULE OF UNDERLYING INSURANCE of the DECLARATIONS of this insurance for whom you have agreed in a written contract executed prior to loss to pro- vide insurance. This insurance is subject to all Copyright, The Travelers Indemnity Company, 2003 UM 00 01 1103 Page 279 CUP -9J504762-19-14 Effective: 01/01/2019 the limitations upon coverage under such pol- icy of "underlying insurance", and, the limits of insurance afforded to such person or or- ganization will be: (i) The difference between the "underlying insurance" limits and the minimum limits of insurance which you agreed to provide; or (ii) The limits of insurance of this policy whichever is less. If the minimum limits of insurance you agreed to provide such person or organization in a written contract are wholly within the "underly- ing insurance", this policy shall not apply. No person or organization is an insured with re- spect to the conduct of any current or past part- nership or joint venture that is not shown as a Named Insured in the Declarations. No person is an insured as respects "bodily in- jury" to a fellow employee unless insurance for such liability is afforded by the "underlying insur- ance". SECTION III — LIMITS OF INSURANCE. 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay re- gardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of injury and damage in- cluded in the "products -completed operations hazard". 3. The General Aggregate Limit is the most we will pay for damages under Coverage A and Cover- age B, except: a. Damages because of injury and damage in- cluded in the "products -completed operations hazard"; and b. Damages because of injury and damage in- cluded in the "auto hazard". 4. Subject to 3. above, the Personal and Advertising Injury Limit is the most we will pay under Cover- age B for the sum of all damages because of all "personal injury" and all "advertising injury" sus- tained by any one person or organization. UMBRELLA Non cumulation of Personal and Advertising In- jury Limit — If "personal injury" and/or "advertising injury" is sustained by any one person or organi- zation during the policy period and during the pol- icy period of one or more prior and/or future poli- cies that include a COMMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE policy for the insured issued by us or any affiliated insur- ance company, the amount we will pay is limited. This policy's Personal and Advertising Injury Limit will be reduced by the amount of each payment made by us and any affiliated insurance company under the other policies because of such "per- sonal injury" and/or "advertising injury". 5. Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of damages under Coverage A because of all "bodily injury" and "property damage" arising out of any one "occurrence". Non cumulation of Each Occurrence Limit — If one "occurrence" causes "bodily injury" and/or "prop- erty damage" during the policy period and during the policy period of one or more prior and/or fu- ture policies that include a COMMERCIAL EX- CESS LIABILITY (UMBRELLA) INSURANCE policy for the insured issued by us or any affiliated insurance company, the amount we will pay is limited. This policy's Each Occurrence Limit will be reduced by the amount of each payment made by us and any affiliated insurance company under the other policies because of such "occurrence". To determine the limit of our liability, all "bodily injury" and "property damage" arising out of continuous or repeated exposure to the same general conditions shall be considered one "occurrence". The limits of this insurance apply separately to each consecutive annual period and to any remaining period of less than 12 months. The policy period begins with the effective date shown in the Declara- tions. If the policy period is extended after issuance for an additional period of less than 12 months, the additional period will be deemed part of the last preceding period. SECTION IV — CONDITIONS. 1. APPEALS. a. If the insured or the insured's "underlying in- surer" elects not to appeal a judgment which exceeds the "applicable underlying limit", we may do so. b. If we do, we will pay all costs of the appeal. We will also pay all costs on appeals related UM 00 01 1103 Copyright, The Travelers Indemnity Company, 2003 Page 7 of 13 Page 280 CUP -9J504762-19-14 Effective: 01/01/2019 UMBRELLA to the defense of the insured as provided in SECTION 1, 2. DEFENSE OF CLAIMS OR SUITS. These sums are in addition to the "applicable limit of insurance". In no event shall our liability for "ultimate net loss" exceed the "applicable limit of insurance". 2. BANKRUPTCY. a. Bankruptcy or insolvency of the insured or the insured's estate will not relieve us of our obli- gations under this insurance. b. Bankruptcy or insolvency of the "underlying insurer" will not relieve us of our obligations under this insurance. However, this insurance will not replace the "un- derlying insurance" in event of bankruptcy or in- solvency of the "underlying insurer". This insur- ance will apply as if the "underlying insurance" were in full effect. 3. CANCELLATION. this insurance except with our consent. The terms of this insurance can be amended or waived only by endorsement issued by us and made a part of this insurance. 5. DUTIES IN THE EVENT OF OCCURRENCE OR OFFENSE, CLAIM OR SUIT. a. You must see to it that we are notified promptly of an "occurrence" or an "offense" which may result in a claim under this insur- ance. Notice should include: (1) How, when and where the "occurrence" or "offense" took place; and (2) The names and addresses of any injured persons and witnesses. b. If a claim is made or "suit" is brought against any insured which may result in a claim against this insurance, you must see to it that we receive prompt written notice of the claim or "suit". a. You may cancel this insurance by mailing or c. The insured must: delivering to us advance written notice of (1) Cooperate with the "underlying insurers": cancellation. (2) Comply with the terms of the "underlying b. We may cancel this insurance by mailing or insurance"; and delivering to you written notice of cancellation at least: (3) Pursue all rights of contribution or indem- nity against any person or organization (1) 10 days before the effective date of can- who may be liable to the insured because cellation if we cancel for nonpayment of of "bodily injury", "property damage", premium: or "personal injury" or "advertising injury" (2) 30 days before the effective date of can- with respect to which insurance is pro- cellation if we cancel for any other rea- vided under this or any policy of "underly - son. ing insurance". c. We will mail or deliver our notice to your last d. When we believe that a claim may exceed the mailing address known to us. "underlying insurance", we may join with the d. Notice of cancellation will state the effective insured and the "underlying insurer" in the in - date of cancellation. The policy period will vestigation, settlement and defense of all end on that date. claims and "suits" in connection with such "occurrence" or "offense". In such event, the e. If this insurance is cancelled, we will send you insured must cooperate with us. any premium refund due. If we cancel, the re- fund will be pro rata. If you cancel, the refund 6. EXAMINATION OF YOUR BOOKS AND RE - will be pro rata less 10% of the pro rata un- CORDS. earned premium. The cancellation will be ef- We may examine and audit your books and re- fective even if we have not made or offered a cords as they relate to this insurance: refund, a. At any time during the policy period; f. If notice is mailed, proof of mailing will be suf- b. Up to three years afterward; or ficient proof of notice. c. Within one year after final settlement of all 4. CHANGES. claims under this insurance. This contract contains all the agreements be- 7, INSPECTIONS AND SURVEYS. tween you and us concerning the insurance af- forded. No change can be made in the terms of g g Page 8 of 13 Copyright, The Travelers Indemnity Company, 2003 UM 00 01 11 03 Page 281 CUP -9J504762-19-14 Effective: 01/01/2019 a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. Any inspections, surveys, reports or recommen- dations relate only to insurability and the premi- ums to be charged. We do not make safety in- spections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. We do not warrant that conditions are safe or health- ful; or comply with laws, regulations, codes or standards. 8. LEGAL ACTION AGAINST US. No person or organization has a right under this insurance: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an in- sured; or b. To sue us on this insurance unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured. We will not be liable for dam- ages that are not payable under the terms of this insurance; or are in excess of the "applicable limit of insurance". An agreed settlement means a settlement and re- lease of liability signed by us, the insured and the claimant or the claimant's legal representative. 9. MAINTENANCE OF UNDERLYING INSUR- ANCE. The insurance afforded by each policy in the schedule of "underlying insurance" in the Declara- tions will be maintained for the full term of this in- surance. This provision does not apply to the re- duction of the aggregate limit or limits due to payment of judgments or settlements for "bodily injury", "personal injury", "property damage" or "advertising injury". As these policies expire, you will renew them at limits at least equal to the ex- piring limits of insurance. If you fail to comply with the above, this insurance is not invalidated. However, in the event of a loss, we will pay only to the extent that we would have paid had you so complied. You must give us a written notice of any change in the "underlying insurance" as respects: a. Coverage; UM 00 01 1103 UMBRELLA b. Limits of insurance; c. Termination of any coverage; or d. Exhaustion of aggregate limits. 10. OTHER INSURANCE. This insurance is excess over any other valid and collectible insurance whether such other insur- ance is stated to be primary, contributing, excess, contingent or otherwise. This provision does not apply to a policy bought specifically to apply in excess of this insurance. 11. OUR RIGHT TO RECOVER FROM OTHERS. If we make a payment under this insurance, the insured will assist us and the "underlying insurer" in recovering what we paid by using the insured's rights of recovery. Reimbursement will be made in the following order: a. First, to any interest (including the insured) who has paid any amount in excess of the limits of this insurance; b. Next to us; and c. Then to any interest (including the insured and the "underlying insurer") as are entitled to claim the remainder, if any. A different order may apply if agreed upon by all interests. Expenses incurred in the process of re- covery will be divided among all interests accord- ing to the ratio of their respective recoveries. 12. PREMIUM. a. You are responsible for the payment of all premiums and will be the payee for any return premiums. b. If the premium is a flat charge, it is not subject to adjustment except as provided in d. below. c. If the premium is other than a flat charge, it is an advance premium only. The earned pre- mium will be computed at the end of each year in which this insurance is in force at the rate shown in the Declarations, subject to the Minimum Annual Premium. d. Additional premium may become payable when coverage is provided for additional in- sureds and named insureds under the provi- sions of SECTION II — 2.c. and f. 13. PREMIUM AUDIT. a. You must keep records of the information we need for premium computation, and send us copies at such times as we may request. Copyright, The Travelers Indemnity Company, 2003 Page 9 of 13 Page 282 CUP -9J504762-19-14 Effective: 01/01/2019 UMBRELLA b. At the close of each audit period we will com- pute the earned premium for that period and send notice to the first Named Insured. c. The due date for audit and retrospective pre- miums is the date as shown as the due date on the bill. d. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to you subject to the minimum premiums. 14. REPRESENTATION. By accepting this insurance, you agree: a. The statements in the Declarations and any subsequent notice relating to "underlying in- surance" are accurate and complete; b. Those statements are based upon represen- tations you made to us; and c. We have issued this insurance in reliance upon your representations. 15. SEPARATION OF INSUREDS. Except with respect to the Limits of Insurance, and any rights or duties specifically assigned to you in this insurance, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 16. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS INSURANCE. Your rights and duties under this insurance may not be transferred without our written consent ex- cept in the case of death of an individual named insured. If you die, your rights and duties will be trans- ferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary cus- tody of your property will have your rights and du- ties but only with respect to that property. 17. WHEN LOSS IS PAYABLE. If we are liable under this insurance, we will pay for "ultimate net loss" after: a. (1) The insured's liability is established by court decision; or (2) There is a written agreement between the claimant, the insured, any "underlying in- surer" and us; and b. The amount of the "applicable underlying limit" is paid by or on behalf of the insured. We will pay all claims within thirty days provided all terms of this insurance are met. The insured will reimburse us for any payment we make for damages which are within the "retained limit". 18. TITLES OF PARAGRAPHS. The titles of paragraphs of this policy and any en- dorsements attached to this policy are inserted solely for convenience of reference and are not to be deemed in any way to limit or affect the provi- sions to which they relate. 19. CURRENCY Loss payments and expense reimbursements will be in the same currency as the currency of the Limits of Insurance stated in the Declarations. At our sole option, we may agree to pay loss or re- imburse expense under this policy in another cur- rency. Any necessary currency conversion shall be calculated based on the rate of exchange pub- lished in the next Wall Street Journal subsequent to the date of judgment, settlement or agreement. SECTION V — DEFINITIONS. 1. "Advertising injury" means injury arising out of one or more of the following "offenses": a. Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services provided that claim is made or "suit" is brought by a person or organization that claims to have been slandered or libeled, or whose goods, prod- ucts or services have allegedly been dispar- aged; b. Oral or written publication of material that ap- propriates a person's likeness, unreasonably places a person in a false light or gives un- reasonable publicity to a person's private life; or c. Infringement of copyright, title or slogan, pro- vided that claim is made or "suit" is brought by a person or organization claiming owner- ship of such copyright, title or slogan. Such "offenses" must be committed in the course of advertising your goods or products. 2. "Applicable limit of insurance" means the maxi- mum amount we will pay as damages in accor- Page 10 of 13 Copyright, The Travelers Indemnity Company, 2003 UM 00 01 11 03 Page 283 CUP -9J504762-19-14 Effective: 01/01/2019 dance with SECTION III — LIMITS OF INSUR- ANCE. 3. "Applicable underlying limit" means: a. If the policies of "underlying insurance" apply to the "occurrence" or "offense", the greater of: (1) The amount of insurance stated in the policies of "underlying insurance" in the Declarations or any other available insur- ance less the amount by which any ag- gregate limit so stated has been reduced solely due to payment of claims; or (2) The "retained limit" shown in the Declara- tions; or b. If the policies of "underlying insurance" do not apply to the "occurrence" or "offense", the amount stated in the Declarations as the "re- tained limit". The limits of insurance in any policy of "underlying insurance" will apply even if: (i) The "underlying insurer" claims the insured failed to comply with any condition of the pol- icy: or (ii) The "underlying insurer" becomes bankrupt or insolvent. 4. "Auto" means a land motor vehicle, trailer or semi -trailer. 5. "Auto hazard" means all "bodily injury" and "prop- erty damage" for which liability insurance is af- forded under the terms, other than limits of insur- ance, of the auto policy of "underlying insurance". 6. "Bodily injury" means bodily injury, shock, fright, mental injury, disability, mental anguish, humilia- tion, sickness or disease sustained by a person, including death resulting from any of these at any time. 7. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, defi- cient, inadequate or dangerous; or b. You have failed to fulfill the terms of a con- tract or agreement; if such property can be restored to use by the re- pair, replacement, adjustment or removal of "your product" or "your work"; or your fulfilling the terms of the contract or agreement. UMBRELLA 8. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 9. "Offense" means any of the offenses listed in the definition of "personal injury" or "advertising in- jury". 10. "Personal injury" means injury, other than "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occu- pancy of a room, dwelling or premises that a person occupies by or on behalf of its owner, landlord or lessor, provided that the wrongful eviction, wrongful entry or invasion of the right of private occupancy is performed by or on behalf of the owner, landlord or lessor of that room, dwelling or premises; d. Oral, written or electronic publication of mate- rial that slanders or libels a person or organi- zation or disparages a person's or organiza- tion's goods, products or services, provided that claim is made or "suit" is brought by a person or organization that claims to have been slandered or libeled, or whose goods, products or services have allegedly been dis- paraged; or e. Oral. written or electronic publication of mate- rial that appropriates a person's likeness, un- reasonably places a person in a false light or gives unreasonable publicity to a person's private life. Such "offenses" must arise out of the conduct of your business, excluding advertising, publishing, broadcasting or telecasting done by or for you. 11. "Pollutants" means one or more solid, liquid, gaseous or thermal irritant or contaminant includ- ing smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes material to be recycled, reconditioned or reclaimed. 12. a. "Products -completed operations hazard" includes all "bodily injury" and "property dam- age" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or UM 00 01 1103 Copyright, The Travelers Indemnity Company, 2003 Page 11 of 13 Page 284 CUP -9J504762-19-14 Effective: 01/01/2019 UMBRELLA (2) Work that has not yet been completed or abandoned. b. "Your work" will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract has been completed. (2) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than an- other contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as com- pleted. c. "Products -completed operations hazard" does not include "bodily injury" or "property dam- age" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the loading or unloading of that vehicle by any insured; or (2) The existence of tools, uninstalled equipment or abandoned or unused ma- terials. 13. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occur- rence" that caused it. "Property damage" does not include "electronic media and records". As used in this definition, "electronic media and records" means: (1) Electronic data processing, recording or stor- age media such as films, tapes, discs, drums or cells; (2) Data stored on such media; or Page 12 of 13 (3) Programming records for electronic data processing or electronically controlled equip- ment. 14. "Retained limit" is the sum stated in the Declara- tions as such. If the policies of "underlying insur- ance" do not apply to the 'occurrence" or "of- fense", the insured shall retain this amount as self insurance with respect to: a. "Bodily injury" or "property damage" caused by each "occurrence"; or b. "Personal injury" or "advertising injury" sus- tained by any one person or organization and caused by an 'offense". 15. "Suit' means a civil proceeding in which damages because of "bodily injury", "property damage", "personal injury" or "advertising injury" to which this insurance applies are alleged. "Suit' includes: a. An arbitration proceeding alleging such dam- ages to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution pro- ceeding in which such damages are claimed and to which the insured submits with our consent. 16. "Ultimate net loss" means the sum actually paid or payable due to a claim for which the insured is liable either by a settlement to which we agreed or a final judgment. Such sum will include proper adjustments for recoveries and salvage. 17. "Underlying insurance" means the policies listed in the Schedule of Underlying Insurance and in- cludes: a. Any renewal or replacement of such policies,- and olicies;and b. Any other insurance available to the insured. 18. "Underlying insurer" means any insurer which provides a policy listed in the Schedule of Under- lying Insurance or any other insurance available to the insured. 19. "Your product': a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or Copyright, The Travelers Indemnity Company, 2003 UM 00 01 1103 Page 285 CUP -9J504762-19-14 Effective: 01/01/2019 b. C. (c) A person or organization whose busi- ness or assets you have acquired; and (2) Containers (other than vehicles), materi- als, parts or equipment furnished in con- nection with such goods or products. Includes: (1) Warranties or representations made at any time with respect to the fitness, qual- ity, durability, performance or use of "your product'; and (2) The providing of or failure to provide warnings or instructions. Does not include vending machines or other property rented to or located for the use of others but not sold. UMBRELLA 20. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, qual- ity, durability, performance or use of "your work"; and (2) The providing of or failure to provide warnings or instructions. UM 00 01 1103 Copyright, The Travelers Indemnity Company, 2003 Page 13 of 13 Page 286 POLICY NUMBER: CUP-9Js04762-19-14 UMBRELLA ISSUE DATE: 01/14/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE SCHEDULE Name of Person(s) or Organization(s): SEE CG TS 00 We waive any rights of recovery we may have against any person(s) or organization(s) shown in the Sched- ule above because of payments we make for "bodily injury", "property damage", "personal injury" or "adver- tising injury" arising out of: a. Premises owned by you, temporarily occupied by you with permission of the owner, or leased or rented to you; b. Ongoing operations performed by you, or on your behalf, under a contract or agreement with that person or organization; UM 04 69 04 08 c. "Your work" or "your products" within the "prod- ucts -completed operations hazard"; or d. The "auto hazard". We waive these rights only where you have agreed to do so as part of a written contract or agreement en- tered into by you before, and in effect when, the "bod- ily injury" or "property damage" occurs, or the "per- sonal injury" offense or "advertising injury" offense is committed. The waiver applies only to the person(s) or organiza- tions) shown in the Schedule above. © 2008 The Travelers Companies, Inc. Page 1 of 1 Page 287 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: CUP -9J504762-19-14 ISSUE DATE: 01/14/2019 This endorsement changes the policy. Please read it carefully This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT OR AGREEMENT TO WAIVE YOUR RIGHT OF RECOVERY, BUT ONLY FOR PAYMENTS WE MAKE BECAUSE OF: 1. "BODILY INJURY&quota OR "PROPERTY DAMAGE" THAT OCCURS; OR 2. " PERSONAL INJURY" OR "ADVERTISING INJURY" CAUSED BY AN OFFENSE COMMITTED; AFTER YOU HAVE EXECUTED THAT CONTRACT OR AGREEMENT. PRODUCER: 38457 CG T8 01 01 19 OFFICE" READING PA 177 Page i of 1 Page 288 DATE: November 6, 2019 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Matt Burris, Deputy City Manager, Economic and Community Development Anne McIntosh, AICP, Planning Director Jennifer Nakamura, Management Analyst II SUBJECT: CONSIDERATION OF AMENDMENT NO. 5 AUTHORIZING AN INCREASE TO PROFESSIONAL SERVICES AGREEMENT CO 15-082 WITH SARGENT TOWN PLANNING, INC, IN THE AMOUNT OF $69,500, AND TO AUTHORIZE AN APPROPRIATION IN THE AMOUNT OF $50,000 FROM ACCOUNT 1001000-4901 (OTHER REVENUE) TO ACCOUNT 1001314- 5300 (CONTRACT SERVICES). RECOMMENDATION: Staff recommends the City Council approve Amendment No. 5 authorizing an increase to contract #15- 082 with Sargent Town Planning and to authorize an appropriation as needed to fund the contract amendment. The Etiwanda Heights Neighborhood and Conservation Plan (ENHCP) project team has been lead by Sargent Town Planning with other firms as sub -consultants. The sub -consultants provide supporting environmental, feasibility, public outreach, engineering and market analysis documentation that is a part of the final ENHCP. Since the Public Review Draft EHNCP was released in April 2019 and prior to consideration by the Planning Commission August 28, 2019, changes were made to the Final Specific Plan in response to input from City Staff, the Planning Commission, Trails Advisory Committee, and comments received from agencies, organizations, and the general public during Draft EIR public review period. These modifications include: • Reduction of the Neighborhood Area Footprint from 828 acres to 790 acres. • Expanded trail network to provide an additional east -west connection in the Neighborhood Area, and to provide more detail for users of the Specific Plan to ensure that equestrian and multi -use trail needs are met. • Revisions to the rural development standards to add specific quantitative standards for the avoidance of environmental resources, as well as additional requirements for minimizing site disturbance and maximizing open space. Additional design standards for roads in the Rural/Conservation Area were also added. • Expansion and clarification of the Transfer of Development Rights (TDR) program. • Implementation of the Healthy Development Checklist as a framework for the Neighborhood Area. Prior to final consideration and approval of the plan by the City Council on October 2, 2019, the following changes were recommended to be made by staff to the final plan: Page 289 • Changes to the allowed uses, to permit and conditionally permit additional commercial uses in the Shops and Restaurants (SR) Regulating Zone, while still maintaining the "Main Street" intent of small-scale retail shops and restaurants in this zone. • Analyzed and modified density within the Rural -Open Space (R -OS) and Rural-Hilliside (R -H) Sub -Zones at the request of residents in the Rural/Conservation area. • Modified use requirements for Animal Keeping in the Rural/Conservation area at the request of residents currently living in the Rural/Conservation area. ANALYSIS: The scope of work proposed in the amendment includes the additional work that was needed to analyze the feasibility and environmental impacts to the changes to the ENHCP listed above as well as to incorporate all of the changes approved by the Council into the final published document. FISCAL IMPACT: The funding for this amendment is being provided by the following: • Appropriating $50,000 from 1001000-4901 (Other Revenue) provided by the County of San Bernardino Flood Control District to help offset the costs of the changes and adding the same amount to expenditure account 1001314-5300 (Planning Contract Services). • The remaining amount ($19,500) will be funded through the use of unused contract funds in account 1001314-5300 currently encumbered to Sagecrest Consulting for contract staffing services. These funds are no longer needed for contract staffing and can be reallocated to Sargent Town Planning. The long term fiscal impact of the plan preparation is expected to be neutral as the City will recover all costs of preparing the plan through a specific plan maintenance fee which will be paid to the City by the future development of the area. COUNCIL GOAL(S) ADDRESSED: The City Council established a Mid- and Long -Range Planning Goal to analyze a portion of the City's Sphere of Influence area to identify development, mitigation, preservation, and annexation potential. The Etiwanda Heights Neighborhood and Conservation Plan has been prepared to address this goal for 4,088 acres within the City's Sphere of Influence. Page 290 DATE: November 6, 2019 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Anne McIntosh, AICP, Planning Director Jennifer Nakamura, Management Analyst II SUBJECT: CONSIDERATION OF AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH CIVIC SOLUTIONS FOR CONTRACT PLANNING SERVICES IN THE AMOUNT OF $17,970 TO BE FUNDED FROM ACCOUNT 1001314-5300 (CONTRACT SERVICES). RECOMMENDATION: Staff recommends the City Council approve and execute contract amendment number two to contract number 18-100 with Civic Solutions, Inc. BACKGROUND: On September 29, 2018, the City entered into a contract with Civic Solutions, Inc. for contract planning project management and contract planning services to fill a gap caused by a series of planning vacancies. Civic Solutions was one of several firms, including Michael Baker International, Sagecrest Planning and Romo Planning Group, used in 2018 and 2019 by the Planning Department for contract staffing services. As new staff has been onboarded, we have moved away from the use of contract staffing. We are no longer using Michael Baker International and Sagecrest Planning. ANALYSIS: Staff has been satisfied with the services provided by Civic Solutions, Inc. over the last 12 months and they are currently winding down contract staffing operations for the City. The projects that are being managed by Civic Solutions staff are in the final stages of review and we would like to keep the existing contract staff on board to provide continuity to project applicants as they approach the end of the development review process. All projects are expected to be completed before the end of the calendar year. The contract amendment increases the total contract amount by $17,970 for a total of $215,970. FISCAL IMPACT: Funding for these contract services will be paid for with leftover contract service funds from Michael Baker International, whose staffing services have ended. COUNCIL GOAL(S) ADDRESSED: The execution of this contract amendment supports the Council's Mid and Long -Range Planning goals by providing necessary staffing to ensure that development processing as well as long range projects continue to be processed without disruption. Page 291 Page 292 DATE: November 6, 2019 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Darryl Polk, Director of Innovation & Technology SUBJECT: CONSIDERATION TO AUTHORIZE A SOLE -SOURCE AGREEMENT WITH MEDIA CONTROL SYSTEMS, INC. IN THE AMOUNT OF $61,262 FOR THE REPLACEMENT OF EXISTING BROADCAST MEDIA EQUIPMENT SUPPORTING THE COUNCIL CHAMBERS; AUTHORIZE $2,000 FOR REPLACEMENT OF THE UNINTERRUPTED POWER SUPPLY UNIT; AND AUTHORIZE APPROPRIATIONS FOR THE PROJECT. RECOMMENDATION: It is recommended that the City Council authorize a sole -source agreement with Media Control Systems, Inc. in the amount of $61,262 for the replacement of all existing media broadcast equipment supporting the Council Chambers; authorize an additional $2,000 for replacement of the uninterrupted power supply unit; and authorize an appropriation in the amount of $63,262 into the Capital Reserve Fund for the project to be reimbursed by Public, Educational and Government (PEG) funds. BACKGROUND: Providing streaming and televised City Council meetings is a core aspect of the City' transparency initiatives, allowing for residents to engage and follow the Council's direction from the convenience of their television, computer or mobile device. In order to provide live internet streaming and televised coverage of the bi-monthly City Council meetings, the City Council chambers has been equipped with a set of hardware components and servers that provide these broadcast media services. This comprehensive equipment includes hardware, software and services to convert live video to formats suitable for internet streaming and television broadcast as well as the controllers to provide 24/365 media over the City's public access television channel. The equipment currently in use was procured and installed in 2013 and has reached the effective end - of -life for most of the components, including Windows Servers that will become unsupported in January 2020. Over the past 6 months the existing equipment has encountered several performance failures related to its time in service. ANALYSIS: Staff evaluated several options for replacement of the existing equipment, including utilizing other modes for streaming services to improve reach and reliability. A key issue uncovered in the analysis is the complexity of interdependent systems that multiplies our potential points -of -failure. To resolve this issue, staff recommends including video streaming with the new broadcast media equipment stack. While there will still be other dependencies to broadcast meetings such as Charter's broadcast services and our internet service, the improvements recommended will simplify the equipment we manage and should reduce the chances of an outage or interruption. Page 293 Staff is also recommending a single source procurement for the hardware, installation and support services through Media Control Systems, Inc to ensure operational continuity and minimize potential down time or service interruptions. Media Control Systems, Inc. supports our current broadcast media equipment and they are familiar with the interfaces to our existing video production equipment. FISCAL IMPACT: The City has sufficient funds in the existing PEG account to fully fund this equipment replacement project. PEG revenues are received from local cable television service providers as part of their franchise agreement and directly support the provision of local government content over television broadcast. PEG funds are collected as a fee from cable television services and may only be utilized to support televised content provided by the City, such as City Council meetings. Staff negotiated a proposal with Media Control Systems to include 5 (five) years of support and maintenance, incorporating all foreseeable costs into the current project. The following appropriations are requested to complete this project: 1025001-5603 Capital Outlay -Equipment $63,262 1025000-4911 Reimbursement from Other Funds $63,262 COUNCIL GOAL(S) ADDRESSED: This project supports Council's broader goals of long to mid-range planning and supporting government transparency. Page 294 DATE: November 6, 2019 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Ruth Cain, CPPB, Procurement Manager Cheryl Combs, Procurement Technician SUBJECT: CONSIDERATION TO DECLARE SURPLUS FOR RETIRED COMPUTERS, VEHICLES, LARGE EQUIPMENT, AND OTHER RELATED ITEMS. RECOMMENDATION: It is recommended that the City Council approve to declare the listed computer equipment, vehicles, large equipment, and other miscellaneous items that have been deemed no longer needed, obsolete or unusable as surplus. BACKGROUND: The City Council has provided authorization to the Procurement Manager to dispose of City items that have been deemed as obsolete and unsuitable for City use. Methods for disposing of surplus are to exchange for or trade in on new supplies, transfer to another department or offer for sale on a competitive bid basis. After a reasonable effort, and if no bids have been received, Procurement may dispose of surplus for the highest scrap value. The City may sell surplus property to any other governmental agency at a fair market value without any other bids or donate surplus property to any agency or entity which is exempt from federal income tax, with the approval of City Council. ANALYSIS: The items to be considered for surplus at this time were submitted by the Public Works Services Department and the Department of Innovation and Technology. Proposed surplus items include vehicles, large equipment, computer servers, personal computers, workstations, monitors, printers, and other peripherals deemed no longer needed, obsolete or unusable. Staff recommends Council approve the disposal of these items through auction or best method as determined by the Procurement Manager. FISCAL IMPACT: In FY 18/19 the total surplus amount sold was $71,806. To date, in FY 19/20, surplus has accumulated $12,286 in sales through the Public Surplus auction site. COUNCIL GOAL(S) ADDRESSED: Reusing and recycling items supports Council's goals for mid-range and long-term planning by providing revenue back into the City's general fund account. Page 295 ATTACHMENTS: Description Surplus 11-6-2019 Page 296 F/A No. Description Make/Model Serial No. COMPUTER EQUIPMENT N/A 1 Contex SD4450 Printer MD52D21031T N/A Xerox Copier WC5775 XEL569728 N/A Xerox Copier D110 BG0962790 N/A Xerox Copier WC5775 XEL569698 N/A Xerox Copier WC5775 XEL569718 N/A HP Plotter Q6684A MY8BB6C005 N/A Trimble BACKPACK 33302-53 224099016 N/A Trimble BACKPACK 29654-11 220139016 N/A Trimble LARGE HANDHELD 2967350 220138705 N/A Trimble ANTENNA 33580-50 220390960 N/A Trimble ANTENNA 29653-00 220138595 N/A Trimble LARGE HANDHELD ST1-MY5GMDB SSC22AO960 N/A Trimble HANDHELD 66411-00 41000112101389 N/A Trimble HANDHELD 66411-00 41000112100268 N/A Trimble HANDHELD 66411-00 41000112100267 N/A Trimble HANDHELD 66411-00 41000111600677 N/A Trimble DOCKING STA./CHARGER 66411-00 RB212SO590 N/A Trimble DOCKING STA/CHARGER 66411-00 RB212SO133 N/A Trimble RUGGED TABLET 66411-00 RB215VO236 N/A Trimble RUGGED TABLET 66411-00 RA915UO367 N/A Trimble LARGE HANDHELD 8818004 5351437874 N/A Trimble LARGE HANDHELD 8818004 5348437134 N/A Trimble ANTENNA 5797000 50001033314 N/A Trimble ANTENNA 5797000 5000103321 5265 HP Computer Pro 6300 MXL330083K 5272 HP Computer Pro 6300 MXL330082K 5186 HP Computer Pro 6300 MXL33008DL 6154 HP Computer Pro 6300 MXL6503JNP 5181 HP Computer Pro 6300 MXL33008DB 5278 HP Computer Pro 6300 MXL33007XB 5183 HP Computer Pro 6300 MXL33008DH 5348 HP Computer Pro 6300 MXL330089Y 5203 HP Computer Pro 6300 MXL3300843 5261 HP Computer Pro 6300 MXL33008BH 5050 HP Computer Pro 6300 MXL33007X6 5182 HP Computer Pro 6300 MXL33008DK Page 297 4880 HP Computer Pro 6300 MXL3300869 4776 HP Computer Pro 6300 MXL330082R 5463 HP Computer Pro 6300 MXL41500Y7 4861 HP Computer Pro 6300 MXL330085Y 4883 HP Computer Pro 6300 MXL3300893 4815 HP Computer Pro 6300 MXL33007XQ 4910 HP Computer Pro 6300 MXL330089S 4797 HP Computer Pro 6300 MXL330082Z 4794 HP Computer Pro 6300 MXL330082T 4798 HP Computer Pro 6300 MXL330082W 4814 HP Computer Pro 6300 MXL3300848 5260 HP Computer Pro 6300 MXL330085F 5197 HP Computer Pro 6300 MXL33008DD 5177 HP Computer Pro 6300 MXL33008DP 5467 HP Computer Pro 6300 MXL41500Y9 4799 HP Computer Pro 6300 MXL330081Z 4795 HP Computer Pro 6300 MXL330081W 4792 HP Computer Pro 6300 MXL3300837 4787 HP Computer Pro 6300 MXL33007YP 4835 HP Computer Pro 6300 MXL330081C 4785 HP Computer Pro 6300 MXL33007YR 5062 HP Computer Pro 6300 MXL330084Z 4790 HP Computer Pro 6300 MXL330081Y 4808 HP Computer Pro 6300 MXL33007YY 5211 HP Computer Pro 6300 MXL3292S5N N/A Xerox Copier WC3550X VMA574467 4573 Xerox Copier WC7775 RFX356154 N/A Dell Printer 2665 51 M5T12 N/A Misc. Cables/Wires N/A N/A Xerox Copier D110 BG0962790 1069 Lenovo Monitor 9419-HC2 VLDM327 5757 Dell PC D19M 6MLW482 5167 HP PC E5N40US MXL330072D 4758 HP PC ESN40US MXL3300856 4470 HP PC XL504AV MXL224177R 4337 Dell PC X16-96076 3L24VR1 4452 HP PC XL504AV MXL15208VW 5170 HP PC E5N40US MXL33007YM 5171 HP PC E5N40US MXL330082L 5172 HP PC ESN40US MXL33007ZF 5166 HP PC ESN40US MXL33007YN Page 298 5169 HP PC ESN40US MXL330082N 5235 HP PC ESN40US MXL330080CX NA IBM Monitor 6636-4131 IS6636HBCVlD 5162 HP PC ESN40US MXL33007Y9 5039 IBM Monitor 9419-1-1132 VLD12026 5139 HP PC 6300 MXL33007SJ NA Lenovo Monitor 9419 VLD9418 IS00184 HP Printer 3005DN JPRFC20877 NA Lenovo Monitor 9419-HC2 VLM184 NA HP Printer CC378A CNCC94119F 1621 Lenovo Monitor 9320-HB1 V147863 1071 Lenovo Monitor 9419-HC2 VLDM326 4659 Dell PC OPTI-PLEX 4YBQTWI 1056 IBM Monitor THINK VISION VB-32487 4658 Dell Laptop 3010 4YLP401 4659 Dell Laptop 3010 4YSNT601 RA509461685 VIEWSONIC Monitor VX2033WM VS12487 RA5094641700 VIEWSONIC Monitor VX2033WM VS12487 RA5094641690 VIEWSONIC Monitor VX2033WM VS12487 RA5094641695 VIEWSONIC Monitor VX2033WM VS12487 N/A INSIGNIA TV NSF310A13 B230EP501923 N/A INSIGNIA TV NSF310A13 B2293P506463 4270 WYSE THIN CLIENT RXOL 24HDJ300543 4249 WYSE THIN CLIENT RXOL 247DJ400821 4279 WYSE THIN CLIENT RXOL 247DJ400039 4275 WYSE THIN CLIENT RXOL 247DJ01121 4421 HP PC 2210 WUA22600NN 5136 HP PC PRO6300 MXL33008CC 5202 HP PC PRO6300 MXL33008CD 4086 HP PC PRO DESK 600 MXL41500YD 4706 HP PC PRO DESK 600 MXL3300873 5007 HP PC PRO DESK 600 MXL330072P 5180 HP PC PRO6300 MXL33008DR 5196 HP PC PRO6300 MXL33008D7 4539 HP PC 6200 PRO MT MXL15208VN 5205 HP PC PRO6300 MXL33008DG 5198 HP PC PRO6300 MXL33008C1 5176 HP PC PRO6300 MXL33008DJ 5190 HP PC PRO6300 MXL33008DF Page 299 5179 HP PC PR06300 MXL33008C8 5200 HP PC PR06300 MXL33008C2 4720 HP Laptop PROBOOOK 6470B CNU332C7DV 4610 Apple Laptop MACBOOK PRO CO2KX05YFFRR 5746 Apple Laptop MACBOOK PRO CO2R500EGWDN 5117 Panasonic Tablet CF31 3HTSB52330 5115 Panasonic Tablet CF31 3HTSB52329 4490 HP Elitebook 8570W 5CB248226MP 4598 HP Laptop 8770W CNU3179X4Z 4173 Panasonic Tablet CF19 9DKYA70130 5048 HP Laptop PROBOOOK 64708 CNU332C74J 5044 HP Laptop PROBOOOK 6470B CNU332C73C 818 HP Laptop P201 60M42421SJ 819 HP Monitor P201 60M3492M1Z 1715 Lenovo Monitor 492P VLDL911 4559 Xerox Copier 7535 XKK425118 5032 HP Laptop PRO 6470B CNU332C772 4939 HP Laptop PRO 6470B CNU332C756 NA HP Monitor LA2006X CNC1450YKP 586 HP Monitor LA2006X 3CQ22611DCG 1083 HP Monitor P201 6CM3270DT9 1084 HP Monitor P201 6CM3270DT3 4772 HP PC 63000 MXL3300835 4174/0218 HP Printer Color Laserjet CNCC94119F N/A IOS Devices One iPhone 4S A1387 N/A N/A IOS Devices Three iPhone 4 A1349 N/A N/A IOS Devices Two iPhone 5 5A1429 N/A N/A IOS Devices Nine iPhone 5S A1533 N/A N/A IOS Devices Two iPhone 6S A1688 N/A N/A IOS Devices One iPhone 6 Plus A1522 N/A N/A IOS Devices Two Ipad Mini 2 A1490 N/A N/A IOS Devices Three Ipad Air A1475 N/A N/A IOS Devices One Ipad Pro A1674 N/A N/A IOS Devices Three Ipad 2 A1395 N/A N/A Powerware 5125 UPS TY063AO036 N/A Powerware 5125 UPS TY063AO038 N/A Powerware 5125 UPS TY063AO041 N/A MP20 2 -CHANNEL MIX 20-030668 N/A AXCENT 3 INTEGRATED AXCESS 955-20-10941 N/A MEDIA MATRIX DSP 1-1 51424092 Page 300 N/A MEDIA MATRIX DSP 2-1 007AJ1803563 1205 Cisco 10 Port Pow Switch P5Z19501EYC N/A Netgear 24 Port Switch 1881615L00826 N/A Media Matrix DSP 2-2 51424041 N/A Powerware 5125 TY063AO039 N/A Dove Light Board IQ512M 50368 N/A Rosco Hazermaker2 0106A00 N/A Lee 6x12 Axial Ellipsoidal AQ61 N/A N/A R40 Borderlight + Frames N/A N/A R40 Borderlight N/A N/A R40 Borderlight + Frames N/A N/A R40 Borderlight + Frames N/A N/A R40 Borderlight + Frames N/A N/A R40 Borderlight N/A N/A Lee Colortran 8" Fresnel model# 213-525 N/A N/A Lee Colortran 8" Fresnel model# 213-525 N/A N/A Silvermoon Par 56 Parcan N/A N/A Silvermoon Par 56 Parcan N/A N/A Silvermoon Par 56 Parcan N/A N/A Silvermoon Par 56 Parcan N/A N/A Silvermoon Par 56 Parcan N/A N/A Altman Groundrow/Sky Cyc Luminaries +Frame N/A N/A Altman Groundrow/Sky Cyc Luminaries +Frame N/A N/A Altman Groundrow/Sky Cyc Luminaries N/A N/A Altman Groundrow/Sky Cyc Luminaries +Frame N/A N/A Altman Groundrow/Sky Cyc Luminaries +Frame N/A N/A Altman Groundrow/Sky Cyc Luminaries +Frame N/A N/A Altman Groundrow/Sky Cyc Luminaries +Frame N/A N/A Altman Groundrow/Sky Cyc Luminaries +Frame N/A N/A Altman Groundrow/Sky Cyc Luminaries +Frame N/A N/A Berkey Colortran mini Ellipse 30.40.50 +Frame model# 213155 N/A N/A Berkey Colortran mini Ellipse 30.40.50 +Frame model# 213155 N/A N/A Berkey Colortran mini Ellipse 30.40.50 +Frame model# 213155 N/A N/A Berkey Colortran mini Ellipse 30.40.50 +Frame model# 213155 N/A N/A Berkey Colortran mini Ellipse 30.40.50 +Frame model# 213155 N/A N/A Berkey Colortran mini Ellipse 30.40.50 +Frame model# 213155 N/A Page 301 N/A Berkey Colortran mini Ellipse 30.40.50 +Frame model# 213155 N/A N/A Berkey Colortran mini Ellipse 30.40.50 +Frame model# 213155 N/A N/A Berkey Colortran mini Ellipse 30.40.50 +Frame model# 213155 N/A N/A Berkey Colortran mini Ellipse 30.40.50 +Frame model# 213155 N/A N/A Berkey Colortran mini Ellipse 30.40.50 body model# 213155 N/A N/A Centry Lighting Inc. 12" Scoop + Frame model# 1302 N/A N/A Centry Lighting Inc. 12" Scoop + Frame model# 1302 N/A N/A Hubbell Kellems Grip single package N/A N/A Hubbell Kellems Grip single package N/A N/A Hubbell Kellems Grip single package N/A N/A Hubbell Kellems Grip single package N/A N/A Hubbell Kellems Grip single package N/A N/A Hubbell Kellems Grip single package N/A N/A Hubbell Kellems Grip single package N/A N/A Hubbell Kellems Grip single package N/A N/A Hubbell Kellems Grip single package N/A N/A Hubbell Kellems Grip single package N/A N/A Hubbell Kellems Grip single package N/A N/A Hubbell Kellems Grip single package N/A N/A Hubbell Kellems Grip single package N/A N/A Hubbell Kellems Grip single package N/A N/A Hubbell Kellems Grip single package N/A N/A Hubbell Kellems Grip single package N/A N/A Hubbell Kellems Grip single package N/A N/A Hubbell Kellems Grip 10 pack N/A N/A Hubbell Kellems Grip 10 pack N/A N/A Hubbell Kellems Grip 10 pack N/A N/A Hubbell Kellems Grip 10 pack N/A N/A ETC Source 4 HID Ballast and Cap N/A N/A ETC Source 4 HID Ballast and Cap N/A N/A ETC Source 4 HID Ballast and Cap N/A 000229 Wireless Microphone Receiver N/A 00832 Crosspoint Plus Series Switcher 816565006 00248 Extron Matrix 50 Switch 421379 77(FAC 01748) Hotronic AP41 49732 N/A Apantac LE8-Series N1682 249 NEC Scan Converter IDC -3000 1202231 Page 302 075 (FAC 01725) Magni Monitor Series MM -400 12776A 891 XAP800 12393-0452 893 XAP800 12394-0452 892 XAP800 12351-0452 VEHICLES AND LARGE EQUIPMENT UNIT # YEAR VEHICLES VIN # MILEAGE 416 2000 Chevy Astro Van 1GNDM19WOYB200340 58,039 603 2009 Ford F-550 1 FDAF56Y19EA42945 130,189 809 1999 Ford E-250 1 FTNE24LOXHA56345 51,746 1101 1997 Ford Crown Victoria 2FALP73W5VX210173 120,230 1413 2006 Ford Explorer 1 FMEU72EX6UB31980 148,074 1965 2003 Ford Explorer 1 FMZU73W63ZBO7232 109,551 2120 2003 Toyota Prius JT2BK18U930088088 36,408 2633 2006 Ford F-550 1 FDAF56Y76EC42675 122,336 2634 2008 Ford F-550 1 FDAF56Y68EA86650 130,332 3619 2006 Ford F-550 1 FDWX34536EB93720 128,740 1653 2000 International Chasis 7.62 International 1 HTSDAAR51 H389837 65,000 1635 2000 Ford E-350 1 FRTSE34L3YHB31761 100,000 1238 2000 Explorer 1 FMZU71 X4YZB92056 74,711 2329 2009 Ford Escape 1 FMCU49359KA25561 52,490 5510 2008 Ford Escape 1 FMCU91-148KE77480 64,339 826 2007 Ford F-350 1 FDWX36YX8EC53762 28,978 1534 2001 Hustler 925008 94128 435 Hrs 1541 2001 Hustler 925008 84012 372 Hrs 683T 2009 Apache Trailer 5JRUE12199C201581 N/A 567 1989 Turfco BTD 15-0390 N/A 2544 N/A Jacobson Mower 6858806339 3174 Hrs 697 2001 Advsafe MMS MMS85T109 444.9HR 698 2001 Advsafe MMS MMS85t-106 462HR E516 1997 Spraytech 898637 97019551 1065MLS 873 2002 T-4114 153719 N/A Page 303 E1546 0 Smithco Not Known N/A E2549 N/A Smithco Not Known N/A E583 N/A N/A 1017290 655T N/A N/A Trailer N/A 571 N/A SDI Spray Rig 5028 N/A E602 2000 Whiteman Trailer Unreadable N/A E605 N/A MMC Message Board MMC85T N/A E530 N/A N/A Trailer N/A N/A E1503 2010 Kawasaki UTV Mule KAF620M N/A T129 2004 Pro Trainer Bin Trailer 1 P9RB17154A371554 N/A 1519T 1999 Warrior Box Trailer 1 W9fk18281 C114380 N/A 553 1998 Cushman 98004454 N/A E554 1998 John Deere Utility Cart WOOTURFOO4577 N/A 10501 2000 John Deere Utility Cart WOE4X2EO01399 N/A E508 2005 John Deere Type E Ind Trk WOE4X2EO11799 N/A E515 2006 John Deere Utility Cart W04X2ED001573 N/A E517 2006 Smithco Field Rake J158-007 N/A E553 2006 John Deere Pro-Gator TC202OA060165 N/A 1587 N/A John Deere Loader N/A N/A E529 N/A N/A Cub Cadet N/A E518 N/A Smithco Sweep star N/A N/A E610 N/A Zipper Asphalt Zipper 48HDO284 N/A 1645 1996 Case Equipment 570LXT JJG0223840 7,000 559 1997 Cushman Turf Master 2566 N/A Page 304 DATE: November 6, 2019 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Elisa Cox, Deputy City Manager Fabian Villenas, Principal Management Analyst SUBJECT: CONSIDERATION OF REIMBURSEMENT AGREEMENT WITH CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT FOR SCHOOL RESOURCE OFFICER SERVICES. RECOMMENDATION: Staff recommends the City Council consider approving the Reimbursement Agreement with Chaffey Joint Union High School District for School Resource Officer Services. BACKGROUND: In partnership with the Chaffey Joint Union High School District (District), the Rancho Cucamonga Police Department provides School Resource Officer services to each of the four high schools in the city. The school resource officer provides a critical link between the Police Department and the school administration and student body in addressing safety/security issues before they escalate. This partnership between the City and the District is established through an annual Joint Reimbursement Agreement. ANALYSIS: With the recent approval of a multi-year labor agreement between San Bernardino County Sheriff's Employees' Benefit Association, or SEBA, and San Bernardino County, the costs for School Resources Officers has increased. Accordingly, the City and the District have agreed to amend the joint Funding Agreement to reflect the cost changes beginning with the 2020-2021 school year. The District will cover 73% of the total costs for service. FISCAL IMPACT: Fiscal impacts related to recent labor agreements between SEBA and San Bernardino County will be absorbed in the City's Police Annual Budget. ATTACHMENTS: Description Reimbursement Agreement Page 305 Agreement No. XX -XX REIMBURSEMENT AGREEMENT FOR SCHOOL RESOURCE OFFICER SERVICES This Agreement is made and entered into this day of , 2019 by and between the City of Rancho Cucamonga (hereinafter referred to as CITY) and the Chaffey Joint Union High School District (hereinafter referred to as DISTRICT), both of whom understand as follows: WITNESSETH WHEREAS, the CITY currently funds existing School Resource Officer positions, through its law enforcement contract with the San Bernardino County Sheriff Department; and WHEREAS, the current School Resource Officer positions are shared among multiple school districts; and WHEREAS, DISTRICT now desires to fund a higher level of school resource officer services for its high school facilities located in CITY; and WHEREAS, CITY and DISTRICT desire to enter into a cost sharing agreement to help mutually fund the enhanced school resources officer services for DISTRICT high school facilities located in City; and WHEREAS, CITY and DISTRICT previously entered into a cost sharing agreement on October 17, 2018 and now mutually desire to modify that agreement; NOW, THEREFORE in consideration of these services and mutual conditions hereinafter provided, the parties hereto agree as follows: A. Beginning January 1, 2019, the CITY, through its contract with the San Bernardino County Sheriff Department, will provide one school resource officer for the DISTRICT at the campuses of Alta Loma High School, Etiwanda High School, Los Osos High School, and Rancho Cucamonga High School. It is understood that these services are to be provided at all days and during all times when school is in session, subject to interruption by emergencies and operational needs of CITY. Said services may include at no additional cost to the DISTRICT if mutually agreed upon by CITY, attendance at special events to be determined and agreed upon between the parties. . B. The duties of a school resource officer are set forth in Attachment A to this agreement. Page 306 Agreement No. XX -XX C. CITY and DISTRICT agree to mutually work together to ensure that all school resource officers assigned to DISTRICT facilities have access to a vehicle, computer, secure Virtual Private Network access as needed, telephone, and a confidential and private discussion area (ideally an office) where telephone calls and conversations can take place, in order to maximize officer time on campus. D. In consideration for providing these services, the DISTRICT will compensate the CITY a total of $230,692 for the 2019-20 school year. Beginning in 2020-21, the DISTRICT will annually compensate the CITY the DISTRICT share of one School Resource Officer position, in two equal amounts, the first during January and the second in June of that fiscal year. CITY agrees to provide to DISTRICT no later than December of each fiscal year a detailed breakdown of costs for one school resource officer for that fiscal year and that detailed breakdown of costs will serve as an invoice for that fiscal year. The DISTRICT share shall be 73% (38 weeks per year) of total costs. E. It is understood by both parties that the DEPUTIES providing this service shall remain Sheriff employee at all times and as such all responsibilities for supervision, control and assignment fall under the City's existing Sheriff Contract. When deemed necessary, the Superintendent of the DISTRICT and the Captain of the Rancho Cucamonga Station will work together to ensure optimum performance and effective placement and/or reassignment of a DEPUTY. F. This Agreement is not assignable, either in whole or in part, by DISTRICT without the prior written consent of the CITY. The laws of the State of California shall govern the rights, obligation, duties, and liabilities of the parties to this Agreement and shall also govern the interpretation of the Agreement, if in dispute. TERMINATION OR MODIFICATION OF AGREEMENT This Agreement shall be automatically extended for twelve (12) months every June 30th, unless the CITY or DISTRICT terminate this Agreement at any time upon providing a thirty (30) day written notice delivered to the addresses below. In the event the Agreement is terminated by either party prior to June 30th of a fiscal year, DISTRICT shall pro -rate its final payment for services. The Agreement may be modified upon mutual agreement by both the CITY and DISTRICT. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by personal service or by mail addressed to the address of the party as set forth below or at any other address as that party may later designate by notice: CITY: City of Rancho Cucamonga Page 307 Agreement No. XX -XX 10500 Civic Center Drive Post Office Box 807 Rancho Cucamonga, California 91729-0807 Attention: City Manager DISTRICT: Chaffey Joint Union High School District 211 West Fifth Street Ontario, California 91762 Attention: Superintendent IN WITNESS WHEREOF, the parties have executed this Agreement as of the date hereinabove written: CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT Dr. Mathew Holton Superintendent CITY OF RANCHO CUCAMONGA John Gillison City Manager ATTEST: Janice C. Reynolds City Clerk Page 308 Attachment A SBSD- RANCHO CUCAMONGA STATION PERFORMANCE STANDARDS DEPUTY - SCHOOL RESOURCE OFFICER I. CUSTOMER SERVICE Agreement No. XX -XX You are expected to conduct yourself in a manner which will promote good public relations, that supports and enhances the goals of the Department, and act courteously in both internal and external relations. Your conduct should most likely promote good public relations and foster public support for the department and support of the County of San Bernardino's "Service First" mandate. You are expected to conduct yourself in a manner that supports and enhances the goals of our department and the accomplishment of its mission. A. Public and External Relations You are expected to conduct yourself in a manner that is most likely to promote good public relations and foster public support for the Department and support the County of San Bernardino's "Service First" mandate. Your behavior and actions must be aligned with the Department values and philosophy. 1. Provide courteous treatment and appropriate levels of friendly service to each person you come into contact with. 2. Maintain a professional interest in a manner appropriate to the service situation, affording each citizen full information and appropriate alternatives as is consistent with the mission, vision and values of the Sheriff's Department and the County of San Bernardino. 3. Maintain an in-depth knowledge of the department and other support agencies to ensure referrals are made to appropriate resources and agencies. Page 309 Agreement No. XX -XX 4. Treat everyone with respect; avoid improper behavior which is likely to produce a pattern of complaints and claims. 5. Show a genuine interest by using voice intonations usually associated with interest rather than curtness, disrespect or disregard. Avoid patterns of complaints about voice intonations, expressions, responses or lack of responses that tend to erect unnecessary barriers to the exchange of needed communication or which produce unnecessary stress. 6. Behave in ways that bring credit to the Department and to the County of San Bernardino. Avoid improper behavior that is likely to produce a pattern of complaints and claims. PERFORMANCE STANDARDS DEPUTY — SCHOOL RESOURCE OFFICER 7. Utilize proper phone demeanor per Department policy and station guidelines. 8. Abide by the same laws and ordinances we expect the public to follow; behave in ways that bring credit to the department. 9. Comply with the Department's gratuity policy. B. Internal Relations You are expected to conduct yourself in a manner that supports teamwork. 1. Do your share so that others are not burdened with additional work. Help others when the need is apparent. 2. Treat others with respect. Find constructive ways to handle differences. Do not allow differences with others to disrupt your work or the work of others. 4. Attempt to resolve issues at the lowest possible level. 5. Avoid open criticism of Department polices and procedures. When in disagreement, discuss it with your supervisors in a constructive, professional manner. Present a positive attitude toward others. Page 310 Agreement No. XX -XX 6. Promote teamwork by sharing information with others. 7. Avoid patterns of complaints about voice intonations, expressions, responses or lack of responses, which tend to erect unnecessary barriers to exchange of needed communication or which produce unnecessary stress. 8. Comply with the Department's discrimination and harassment policies. 9. Comply with the Department's confidentiality policies. IL WORK HABITS You are expected to be productively engaged in the Department's work while on paid time. Organize your time and focus your attention on the priorities assigned. A. Arrive at the beginning of shift in proper uniform and with all necessary equipment ready for duty per Department policy and Station guidelines. B. Be in the field and subject to calls as soon as possible after briefing, unless otherwise directed by your Watch Commander. C. Remain in service (logged on) until the end of shift, or until properly relieved. PERFORMANCE STANDARDS DEPUTY — SCHOOL RESOURCE OFFICER D. Complete all assignments in the time allotted. Time extensions must be approved by your supervisor in advance of the due date. E. Comply with the Department's policies regarding court appearance and on-call status. F. Comply with the Department's overtime policies and procedure. G. Comply with the Department's sick leave policies and guidelines. III. SAFETY/ EQUIPMENT USE AND MAINTENANCE Page 311 Agreement No. XX -XX You are expected to conduct yourself in a manner which protects you, your coworkers and others from harm, and equipment and facilities from damage. A. Follow Department policy, guidelines, Station orders, and applicable laws related to: vehicles, pursuits/code 3, firearms, force, communicable diseases, approved field tactics, arrest and handcuffing, MDT and radio, County, City and other equipment. B. Use and maintain all issued safety equipment per Department policy. C. Avoid unsafe behavior that could produce accidents, injury, or damage. D. Take necessary action to prevent, correct, or report unsafe conditions which you observe. E. Keep vehicles free of contraband, evidence, and debris. Maintain a minimum fuel level of half a tank at all times. Fuel tanks are to be filled at the end of shift. F. Conduct vehicle checks per Station guidelines. Check your vehicle at the beginning and end of your shift. Report damage or deficiencies to supervisor on standard inspection form. G. Report damage to any equipment in your use to your immediate supervisor. H. Return all equipment to its proper place at the end of shift. L Maintain all firearms in clean, serviceable condition. Immediately report damage or malfunction to your supervisor. IV. APPEARANCE AND GROOMING You are expected to maintain a clean, well-groomed, professional appearance. Present yourself in a manner most likely to inspire public confidence and respect. A. Comply with the standards set forth in the Department uniform and grooming policies. Exercise good personal hygiene. B. Comply with the Department physical fitness guidelines. Page 312 Agreement No. XX -XX PERFORMANCE STANDARDS DEPUTY — SCHOOL RESOURCE OFFICER V. FIELD ENFORCEMENT AND SERVICE DELIVERY You are expected to provide quality public service and efficient law enforcement to the community and the schools. A. Patrol your assigned school and assist at other schools as circumstances dictate. Assist patrol/traffic deputies with emergency situations and calls for service as time allows. B. When assigned, take the most expeditious route, and do not delay your response with lower priority activity unless cleared first with your supervisor. C. Monitor your MDT and radio. Acknowledge transmissions when called, and keep your status updated. D. Handle calls appropriately and efficiently, in accordance with Department policy, Station guidelines, and the law. E. Identify problems and issues in your area of responsibility (assigned beat or area) and initiate appropriate steps to resolve them by utilizing available resources. F. Activity and service levels: 1. Your activity levels should be comparable to the mean average of your peers in like conditions as considered over the previous 12 months. The following will be considered: felony arrests, search warrants, misdemeanor arrests, citations, warrant arrests, on view activity, Court filings/referrals, P.O.P. projects, calls -for -service, enforcement in high collision areas, DR's drawn and identifying problem areas. Note: Your activity is to be quality work, which addresses the problems identified in your assigned area or beat. If you cannot maintain an adequate activity level and still do quality work, you must approach your supervisor immediately so that a problem solving plan can be supplemented. Page 313 Agreement No. XX -XX 1i/ �.7 W ZY] 711f.`i:��l 11ii�/.7 Y W Y 91►��i�[I1.7 ►� You are expected to prepare clear, factual, concise, and complete reports and written work. A. Your reports must be in accordance with Department guidelines, policies, and procedures. B. Reports should be useable on first submittal. Reports should rarely be returned because of errors, omissions, elements, incomplete preliminary investigation or lack of corpus, spelling, grammar, sentence structure, format, illegibility, etc. PERFORMANCE STANDARDS DEPUTY — SCHOOL RESOURCE OFFICER Note: A "useable" report is one that does not require further work by the author. It accurately reflects the preliminary investigation conducted by the author. Differences in style or minor errors may be tolerated if they do not impair prosecution or accurate record keeping, or bring discredit to the Department. Minor errors may be tolerated if the reviewer chooses to correct them and can do so in the time normally taken to review the report. If the reviewer or others have to do work the author should have done, the report is not useable when first submitted. C. Reports are to be submitted in a timely manner as required per Department policy and procedures. VII. COURT APPEARANCES You are expected to prepare and present court cases in a manner which most effectively supports successful prosecution. Page 314 Agreement No. XX -XX A. Arrive in court as scheduled wearing proper attire per policy. B. Complete preparation and coordination as needed to support the prosecutor. C. Provide credible, clear, complete, and courteous testimony. Avoid patterns of negative feedback about your courtroom appearances. VIII. COMMUNITY POLICING You are expected to perform your duties in keeping with the community policing philosophy, interacting with the community you serve and addressing problems within the patrol jurisdiction. A. Develop an expertise in your area, identifying the demographic makeup of the community, crime trends, concerns of the residents and problem areas. 1. Review Crime Analysis reports for your area. 2. Review community survey information. 3. Develop methods for community feedback to you on area concerns. 4. Exchange information with Station personnel concerning crime prevention efforts and follow-up investigations. 5. Review station activity occurring in your area upon returning from your days off or other leave. B. Be known in your area, avail yourself to the community you serve and maintain communications between you and the community. PERFORMANCE STANDARDS DEPUTY — SCHOOL RESOURCE OFFICER C. Proactively identify problems in your assigned area. Formulate strategies to address these problems. Implement tactics to impact the problem. Assess your success in affecting the problem. Page 315 Agreement No. XX -XX 1. Use the SARA model or similar problem -solving model to address the problem. 2. Utilize both internal and external resources to affect the problem. 3. Coordinate the response to the problem, setting objectives for enforcement actions and community involvement. 4. Document the actions taken to impact the problem. D. Maintain open communication within our Department and surrounding agencies regarding problem -solving efforts, community concerns, and enforcement actions. 1. Actively participate in shift briefings and station meetings, providing information on project status and problem -solving efforts. 2. Exchange information with surrounding agencies and Sheriff's Stations concerning problems being addressed with our jurisdiction. 3. Maintain communication with other resources involved in the problem -solving process. E. Conduct problem solving meetings with available resources to seek new and innovative solutions. Conduct coordinated operations to address specific problems. F. Notify your Sergeant of any problems you have identified. Page 316 DATE: November 6, 2019 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Linda A. Troyan, MMC City Clerk Services Director SUBJECT: CONSIDERATION TO CANCEL THE REGULAR MEETINGS OF THE FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCE AUTHORITY AND CITY COUNCIL ON JANUARY 1, 2020 DUE TO NEW YEAR'S DAY HOLIDAY. RECOMMENDATION: Staff recommends cancellation of the January 1, 2020 regular meetings due to the New Year's Day holiday. BACKGROUND: The City Council sits as the Fire Board, Housing Successor Agency, Successor Agency, and Public Financing Authority. Regular Meetings of the City Council are held on the first and third Wednesday of the month. ANALYSIS: Historically, regular meetings have been cancelled when the actual date of the meeting is near or on a holiday. This is the case for the January 1, 2020 regular meetings which fall on the New Year's Day holiday. FISCAL IMPACT: None. COUNCIL GOAL(S) ADDRESSED: None applicable. Page 317 DATE: November 6, 2019 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Anne McIntosh, AICP, Planning Director Jennifer Nakamura, Management Analyst II SUBJECT: CONSIDERATION TO AUTHORIZE THE CITY MANAGER TO EXECUTE COVENANTS AND AGREEMENTS TO INSTALL AND MAINTAIN PUBLIC ART FOR NEW DEVELOPMENT. RECOMMENDATION: Staff recommends the City Council adopt a resolution to authorize the City Manager to execute all covenants and agreement for the maintenance of Public Art. BACKGROUND: On July 19, 2017, the City Council adopted Ordinance No. 912, establishing requirements and standards for creative placemaking and public art for new development. Since the adoption of the ordinance, over 30 approved projects are required to comply with the ordinance prior to final occupancy. Since compliance with the public art ordinance is required prior to final occupancy, some development projects are nearing final stages of construction, including the installation of public art. As part of the ordinance, the property owner is required to enter into a covenant with the City ensuring the maintenance of the installed art. ANALYSIS: The City Attorney's office has drafted a covenant and agreement to install and maintain public art (Attachment 1). Authorizing the City Manager to execute these agreements helps to avoid any delays in projects receiving final occupancy authorization. FISCAL IMPACT: None. COUNCIL GOAL(S) ADDRESSED: This agreement Enhances our Premier Community Status through the installation and maintenance public art improvements that help build vibrant and distinctive public spaces. ATTACHMENTS: Description Attachement 1 - Resolution Page 318 RESOLUTION NO. 19-091 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE COVENANTS AND AGREEMENTS TO INSTALL AND MAINTAIN PUBLIC ART PURSUANT TO TITLE 17, CHAPTER 124 OF THE RANCHO CUCAMONGA MUNICIPAL CODE AND TO RECORD ALL RELATED INSTRUMENTS RECITALS WHEREAS, the City Council approved and adopted an amendment to the Rancho Cucamonga Municipal Code on July 19, 2017 for the purpose of promoting the installation and exhibition of high-quality art work in public spaces; and WHEREAS, Title 17, Chapter 124 "Design Provisions for Public Art," requires that certain residential and commercial developments include art work of a minimum value or, in lieu of that requirement, donate art work to the City or pay a fee; and WHEREAS, in the event a developer chooses to install art work on a development project, the City will enter into a covenant and agreement with the developer pursuant to Section 17.124.070 of the Rancho Cucamonga Municipal Code to ensure the installation, maintenance and repair of the required art work; and WHEREAS, the City is required to be a signatory party to any covenant executed pursuant to Section 17.124.040 of the Rancho Cucamonga Municipal Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. The City Council hereby approves the "Covenant and Agreement to Install and Maintain Public Art" in substantially the form attached as Exhibit A of this Resolution and authorizes the City Manager, or the City Manager's designee, to make revisions or additions to said covenant and agreement that the City Manager reasonably determines are appropriate to effect the purpose of Chapter 124 of Title 17 of the Rancho Cucamonga Municipal Code, as amended from time to time. Section 2. The City Manager, or the City Manager's designee, is hereby authorized and directed to execute the covenants and agreements referenced in Section 1 and record all such documents, which the City Manager or the City Manager's designee may deem necessary or advisable to effectuate this Resolution and Chapter 124 of Title 17 of the Rancho Cucamonga Municipal Code until and unless directed otherwise by the City Council. Page 319 PASSED, APPROVED and ADOPTED this 6th day of November, 2019. L. Dennis Michael, Mayor ATTEST: Janice C. Reynolds, City Clerk Page 320 EXHIBIT "A" COVENANT AND AGREEMENT Page 321 Recording requested by and when recorded mail to: City Clerk City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 [Space Above Line For Recorder's Use] COVENANT AND AGREEMENT (To Install and Maintain Public Art) This covenant and agreement is made and entered into as of the day of , 20_, by and among the undersigned, [PROPERTY OWNER and CORPORATE INFO], ("Record Owner") and the City of Rancho Cucamonga, a municipal corporation (the "City") with respect to the following facts: RECITALS: A. The Record Owner hereby represents and warrants that it is the record owner of the following described real property (herein called the "Property") generally located at [ADDRESS] in the County of San Bernardino identified by San Bernardino County Assessor's Parcel Number(s) [APNs] and more particularly and legally described in Exhibit A. B. Record Owner is constructing a [DESCRIPTION OF PROJECT] in accordance with development approvals granted by City, including [PROJECT APPROVALS] (herein called "Project"). C. As a condition of development approval for the Project, the Rancho Cucamonga Municipal Code requires the Record Owner to provide art work at the Property in a location easily accessible to or clearly visible to the general public. The art work must be accompanied by a plaque identifying the name of the art work, the artist(s), and the date of installation. D. The Record Owner received approval from the Public Art Committee to satisfy its requirements under the Rancho Cucamonga Municipal Code titled Design Provisions for Public Art (Title 17, Article 7, Chapter 124, of the Rancho Cucamonga Municipal Code, as amended from time to time) (the "Public Art Ordinance") by installing the work entitled " " (the "Art Work") in the location specified in Exhibit B, attached hereto and incorporated herein by this reference. To ensure that Record Owner installs and maintains the Art Work as required by the Public Art Ordinance, the City has required the Record Owner to record a covenant to install and maintain the Art Work on the Property. This covenant and agreement is provided to satisfy that condition. NOW, THEREFORE, in consideration of the foregoing and as a condition of development approval, the Record Owner does hereby covenant, promise and agree on behalf of 11231-0001\2214670v2.doc I Page 322 Record Owner and its heirs, representatives, successors and assigns (including, without limitation, each person having any interest in the Property derived through any owner of the Property) (herein the "Successors") for the benefit of the City, the City's public property, and the Property, as follows: 1. The Record Owner hereby covenants and agrees, in favor of the City, that the Art Work shall be installed on the Property in the location indicated in Exhibit B. The Record Owner further covenants and agrees that, in accordance with Section 17.124.070 of the Rancho Cucamonga Municipal Code, if the Property is sold, the obligations of this covenant and agreement, including the obligations to repair and maintain the Art Work, shall transfer with sale of the Property to the new ownership. 2. The Record Owner hereby covenants and agrees, in favor of the City, to maintain the Art Work at the location described in Exhibit B unless a different location is authorized in writing by the City Manager or his or her designee. The Record Owner further covenants and agrees that the Record Owner's obligation to maintain and repair the Art Work shall be in accordance with the Public Art Ordinance as amended from time to time. 3. This covenant shall be recorded in the office of the County Recorder for the County of San Bernardino. 4. The Record Owner and each of the Successors agree to indemnify, hold harmless and defend City, City Council and each member thereof, and every officer, employee and agent of City, from any claim, liability or financial loss (including, without limitation, attorneys fees and costs) arising, either directly or indirectly, from the Art Work, including any City permit or permits relating to the installation of maintenance of the Art Work and this covenant and agreement. 5. It is the intention hereof that this covenant and agreement shall constitute a covenant running with the Property, which is owned by the Record Owner. This covenant and agreement shall be enforceable by and shall inure to the benefit of the City and shall be jointly and severally binding upon the Record Owner, and each of the Record Owner's heirs, representatives, successors and assigns. 6. This covenant and agreement shall remain in effect until released in writing by the order of the City Manager upon a determination that this covenant and agreement is no longer required. 7. Should any provision, section, paragraph, sentence, clause or word of this covenant and agreement be rendered or declared invalid or ineffective by any final action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, clauses and words of this covenant and agreements shall remain in full force and effect. SIGNATURE PAGE FOLLOWS Executed this day of , 20 11231-0001\2214670v2.doc 2 Page 323 CITY OF RANCHO CUCAMONGA RECORD OWNER 51 John Gillison City Manager ATTEST: Janice C. Reynolds City Clerk APPROVED AS TO FORM: James Markman City Attorney 11231-0001\2214670v2.doc By: Name: Its: By: Name: Its: Page 324 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On , before me, , (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 11231-0001\2214670v2.doc 4 (Seal) Page 325 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On , before me, , (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 11231-0001\2214670v2.doc 5 (Seal) Page 326 EXHIBIT "A" LEGAL DESCRIPTION 11231-0001\2214670v2.doc Page 327 EXHIBIT `B" FINE ART LOCATION PLAN 11231-0001\2214670v2.doc Page 328 DATE: November 6, 2019 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Matt Burris, Deputy City Manager Elisa C. Cox, Deputy City Manager Anne McIntosh, AICP, Planning Director SUBJECT: CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCES 957, 958, 959 AND 960 TO ADOPT THE ETIWANDA HEIGHTS NEIGHBORHOOD AND CONSERVATION PLAN, AMEND TITLE 17 OF THE MUNICIPAL CODE, THE ZONING MAP, THE ETIWANDA NORTH SPECIFIC PLAN, AND ADOPT PREZONING IN CONNECTION WITH THE ETIWANDA HEIGHTS NEIGHBORHOOD AND CONSERVATION PLAN. RECOMMENDATION: Staff recommends the City Council conduct a second reading of Ordinances 957, 958, 959 and 960 by title only, adopting the Etiwanda Heights Neighborhood and Conservation Plan (ENHCP) and associated prezoning and amending the Development Code, Zoning Map, the Etiwanda North Specific Plan in connection with the Etiwanda Heights Neighborhood and Conservation Plan. BACKGROUND: The introduction and first reading of the above -entitled Ordinance was approved at the Regular City Council Meeting on October 2, 2019. Vote at first reading: AYES: Michael, Kennedy, Hutchison, Scott, Spagnolo. ANALYSIS: At the October 2, 2019 City Council Meeting, staff presented changes requested to the Plan by residents of the rural conservation area and supported by staff. Council directed staff to make the changes requested prior to final adoption of the Plan. All of the changes outlined below have been updated in the final document as directed by Council: • Modify the density of the Rural -Open Space (R -OS) sub -zone from 1 dwelling unit per 20 acres to 1 dwelling unit per 10 acres (Pages 243-244). • Modify the density of the Rural -Hillside (R -H) sub -zone from 1 dwelling unit per 5 acres to 1 dwelling unit per 2 acres (Pages 243-244). • Modify the use requirements for animal keeping, specifically keeping of livestock and poultry, in the Rural/Conservation area to be consistent with both the County's current regulations and the City's development code animal keeping regulations (Appendix 1). Please refer to the October 2, 2019 City Council Staff Report for a detailed analysis of the Plan. FISCAL IMPACT: Please refer to the October 2, 2019 City Council Staff Report. Page 329 COUNCIL GOAL(S) ADDRESSED: Please refer to the October 2, 2019 City Council Staff Report. ATTACHMENTS: Description Attachment 1 - Ordinance No. 957 Attachment 2 - Ordinance No. 958 Attachment 3 - Ordinance No. 959 Attachment 4 - Ordinance No. 960 Page 330 ORDINANCE NO. 957 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE SPECIFIC PLAN FOR THE ETIWANDA HEIGHTS NEIGHBORHOOD AND CONSERVATION PLAN, DRC2015-00751, AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. 1. The City of Rancho Cucamonga (the "City") prepared the Etiwanda Heights Neighborhood and Conservation Plan (EHNCP) DRC2015-00751 as a specific plan (the "Specific Plan") to regulate development in an area comprising approximately 4,393 acres extending roughly from Haven Avenue easterly to the City's boundarywith Fontana, and from the northerly City limits to the San Bernardino National Forest boundary, and largely in the City's Sphere of Influence (the "Project Area"). 2. A copy of the final Specific Plan is attached hereto as Exhibit "A" and is incorporated herein by this reference. The Project Area is more particularly described in Section 2.2 of the Specific Plan. 3. On July 24, 2019, the Planning Commission opened a duly noticed public hearing on Public Hearing Draft of the Specific Plan, dated August 7, 2019, and continued the hearing to August 28, 2019. 4. On August 28, 2019, the Planning Commission re -opened the duly noticed public hearing on the Specific Plan, concluded the hearing on that date, and thereafter, among other actions, adopted Resolution No. 19-50, recommending that the City Council approve the Specific Plan. 5. Following the Planning Commission's public hearing, the Specific Plan was slightly revised to: (1) clarify the expected maintenance responsibilities of public and private improvements within the Project Area; and (2) to restrict density transfers among residential sub -areas until those density transfers reasonably achieved through the Specific Plan's Transfer of Development Rights Program are completed. 6. On October 2, 2019, the City Council conducted a duly noticed public hearing on the final Specific Plan and concluded the hearing on that date. 7. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Findings. 1. Recitals. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 2. CEQA. The EHNCP Specific Plan, and the associated approvals (collectively, the "Project") have been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City's Local CEQA Guidelines. The City prepared an initial study and, based on the information contained in the initial study, concluded that there was substantial evidence that the Project might have a significant environmental impact on several resources. Based upon the information contained in the initial study, the City prepared an EIR for the Project in order to analyze the Project's potential impacts on Page 331 ORDINANCE NO. 957 EHNCP SPECIFIC PLAN, DRC2015-00751 October 2, 2019 Page 2 the environment. A Draft EIR was prepared and circulated for public review and comment, and a Final FEIR was reviewed by the City Council. By separate Resolution No. 19-082, the City Council has: (i) made the required CEQA findings and determinations, (ii) certified the Final EIR; (iii) adopted a Statement of Overriding Considerations and (d) adopted a Mitigation Monitoring and Reporting Program for the Project. Resolution No. 19-082 is incorporated herein by reference, and made a part hereof as if fully set forth herein. The documents and other materials that constitute the record on which this determination was made are located in the Planning Department and are in the custody of the Planning Director. Further, the mitigation measures set forth therein are made applicable to the Project. 3. Based upon all available evidence presented to the City Council during the above - referenced public hearing on October 2, 2019, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. Much of the Project Area is currently within unincorporated San Bernardino County, with a small portion located within the City's limits. Specifically, 4,088 acres of the Project Area are located within the City's Sphere of Influence and 305 acres lie within the City. Approximately 3,494 acres of the Project Area, including portions within the City's Sphere of Influence, are governed by the Etiwanda North Specific Plan, adopted by the City in 1992. b. Development of the unincorporated portion of the Project Area in the City's sphere of influence is currently governed by the San Bernardino County General Plan and zoning regulations, with various portions of the Project Area designated as Resource Conservation, Single Residential, Rural Living, Special Development Residential, Open Space, Institutional, and Floodway under the County General Plan. The portion of the Project Area currently within the City is regulated by the City's General Plan, the Etiwanda North Specific Plan, or both. C. The Specific Plan is comprised of two planning areas: (1) the Rural/Conservation Area generally located north of the Day Creek Diversion Levee to the San Bernardino National Forest boundary and east from Haven Avenue to the City limits; and (2) the Neighborhood Area located south of the Day Creek Diversion Levee to the 210 Freeway and east from the Day Creek Channel past Milliken Avenue. d. The Rural/Conservation Area comprises approximately 3,603 acres within the Project Area and is subject to development standards and strategies intended to conserve and manage the areas as open space. Up to 100 residential units could be developed within the Rural/Conservation area under the proposed development standards, with a Transfer of Development Rights (TDR) program that would allow property owners to transfer development rights for up to 300 residential units from the Rural/Conservation area to the Neighborhood Area. The City Council supports the Specific Plan's goal of preserving the foothills that comprise the Rural/Conservation Area as open space, along with the standards and strategies intended to achieve that goal. e. The Neighborhood Area comprises approximately 790 acres within the Project Area and is subject to development standards intended to promote appropriate and well- designed residential, limited commercial, and recreational development. The Specific Plan permits up to 2,700 residential units in the Neighborhood Area, which may be expanded to 3,000 units depending on property owner participation in the TDR program. Among other amenities, the Neighborhood Area includes a trail network that builds upon the City's existing trail network as identified in the General Plan and Trail Implementation Plan. Development within the Neighborhood Page 332 ORDINANCE NO. 957 EHNCP SPECIFIC PLAN, DRC2015-00751 October 2, 2019 Page 3 Area is intended to help generate funds to support open space conservation within the Rural/Conservation Area. The City Council finds that the Neighborhood Area is well designed and planned and will help promote the Rural/Conservation Area as open space. f. The City Council finds that the revisions to the Public Hearing Draft of the Specific Plan are minor in nature and do not affect the Planning Commission's recommendation because they do not affect the improvements to be constructed, or the residential densitywithin, the Project Area. g. The City Council has independently reviewed the General Plan Consistency Analysis attached as Exhibit Q to the City Council staff report and included as Table 4.10-2 in the EIR. Based on this comprehensive consistency analysis, the City Council finds that in conjunction with the related documents and approvals associated with the EHNCP (General Plan Amendment DRC2015-00749, Development Code Amendment DRC2019-00459, Zoning Map Amendment DRC2015-00752, Etiwanda North Specific Plan Amendment DRC 2015-00750, and Annexation DRC2015-00732), the Specific Plan is consistent with the policies and provisions of the General Plan and will not conflict with any other specific plan. This finding is more specifically supported by the following evidence: i. The Specific Plan would limit development within the EHNCP Specific Plan's Rural/Conservation Area, consistent with the City's conservation goals, as outlined in the General Plan's Resource Conservation Element and including Goal RC -1 ("Encourage stewardship of natural open space areas, environmentally sensitive lands, and agricultural resources") and its associated policies. ii. The Specific Plan's Neighborhood Area is well designed and planned and will help promote the Rural/Conservation Area as open space. This is consistent with General Plan Goal LU -9 ("Foster a cohesive, healthy community through appropriate patterns and scales of development, including complementary transitions between districts, neighborhoods, and land uses") and its associated policies. h. The land use and development regulations within the Specific Plan are comparable in breadth and depth to similar zoning regulations contained in the Development Code. In terms of breadth, the Specific Plan provides a similar range of zoning regulations as the Development Code. As with the Development Code, the Specific Plan provides regulations pertaining to lot size, setbacks, building height, density, and unit size, as well as required improvements and units associated with new developments in the City. The Neighborhood Area's density limits are based on a minimum and maximum density in each sub -area, similar to the regulatory framework for the Development Code's residential zoning districts. The Specific Plan's zoning regulations are also comparable to the Development Code's depth of regulations. For example, in the Neighborhood Area, the sub -areas range from estate lots to small homes to attached homes. The Development Code includes a range of residential zoning districts that are roughly consistent with the Specific Plan's. The Rural/Conservation Area includes density limits that would be more comparable with the Open Space regulations in the Development Code. In addition, the Development Code's Hillside Zoning Regulations will apply within the Project Area. The Shopping/Retail sub -area of the Neighborhood Area includes comparable uses to those permitted in other commercial zoning districts under the Development Code, particularly the Community Commercial district. Page 333 ORDINANCE NO. 957 EHNCP SPECIFIC PLAN, DRC2015-00751 October 2, 2019 Page 4 i. The administration and permit processes within the Specific Plan are consistent with the administration and permit processes of the Development Code. Development within the Rural/Conservation Area is subject to the requirements and review procedures of the Development Code's Hillside Development Review provisions. Development within the Neighborhood Area is subject to Planning Commission review pursuant to the Major Design Review process set forth in the Development Code, which is consistent with the regulatory procedures for commercial and residential development under other specific plans within the City. j. Approval of the Specific Plan would not be materially injurious or detrimental to adjacent properties. k. The findings set forth in this Ordinance reflect the independent judgment of the City Council. C. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: 1. Decision. On the basis of the foregoing and all of the evidence in the administrative record before it, the City Council hereby adopts the Specific Plan for the Etiwanda Heights Neighborhood and Conservation Plan, DRC2015-00751, attached hereto as Exhibit "A." 2. Severability. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect. 3. Certification. The City Clerk shall certify to the adoption of this Ordinance. ATTEST: Janice C. Reynolds, City Clerk L. Dennis Michael, Mayor I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 2nd day of October, 2019, and was passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on , 2019, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Page 334 ORDINANCE NO. 957 EHNCP SPECIFIC PLAN, DRC2015-00751 October 2, 2019 Page 5 ABSTAINED: COUNCILMEMBERS: Page 335 ORDINANCE NO. 957 EHNCP SPECIFIC PLAN, DRC2015-00751 October 2, 2019 Page 6 Exhibit A Etiwanda Heights Neighborhood and Conservation Plan Page 336 The Final Draft Neighborhood & distributed to t separate cover. of the Etiwanda Heights Conservation Plan was ie City Council under A copy is available for viewing at the City Clerk's Office, located at: City Hall 10500 Civic Center Drive Rancho Cucamonga It is also available online at www.citvofrc.us/etiwandahei2rhts. Page 337 ORDINANCE NO. 958 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING DEVELOPMENT CODE AMENDMENT DRC2019-00459 IN CONNECTION WITH THE ETIWANDA HEIGHTS NEIGHBORHOOD AND CONSERVATION PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. 1. The City of Rancho Cucamonga (the "City") prepared the Etiwanda Heights Neighborhood and Conservation Plan (EHNCP) DRC2015-00751 as a specific plan (the "Specific Plan") to regulate development in an area comprising approximately 4,393 acres extending roughly from Haven Avenue easterly to the City's boundarywith Fontana, and from the northerly City limits to the San Bernardino National Forest boundary that is largely in the City's Sphere of Influence (the "Project Area"). The Project Area is more particularly described in Section 2.2 of the Specific Plan. 2. The City has caused to be prepared Development Code Amendment DRC2019-00459 (the "Development Code Amendment") in order to amend Section 17.114.020 of the Rancho Cucamonga Municipal Code to add a description of the EHNCP Specific Plan as an official specific plan of the City. Upon approval of the Development Code Amendment, the EHNCP Specific Plan will be codified in Section 17.114.020 in the same manner as other specific plans adopted by the City Council. 3. On July 24, 2019, the Planning Commission opened a duly noticed public hearing on the Development Code Amendment and continued the hearing to August 28, 2019. 4. On August 28, 2019, the Planning Commission re -opened the duly noticed public hearing on the Development Code Amendment, concluded the hearing on that date, and thereafter, among other actions, adopted Resolution No. 19-51, recommending that the City Council approve the Development Code Amendment. 5. On October 2, 2019, the City Council conducted a duly noticed public hearing on the Development Code Amendment and concluded the hearing on that date. 6. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Findings. 1. Recitals. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 2. CEQA. The EHNCP, the Development Code Amendment, and their associated approvals (collectively, the "Project") have been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City's Local CEQA Guidelines. The City prepared an initial study and, based on the information contained in the initial study, concluded that there was substantial evidence that the Project might have a significant environmental impact on several resources. Based upon the information contained in the initial study, the City prepared an EIR for the Project in order to analyze the Project's potential impacts on the environment. A Draft EIR was prepared and circulated for public review and comment, and a Final FEIR was reviewed by the City Council. By separate Resolution No. 19-082, Page 338 ORDINANCE NO. 958 EHNCP DEVELOPMENT CODE AMENDMENT DRC2019-00459 October 2, 2019 Page 2 the City Council has: (i) made the required CEQA findings and determinations, (ii) certified the Final EIR; (iii) adopted a Statement of Overriding Considerations and (d) adopted a Mitigation Monitoring and Reporting Program for the Project. Resolution No. 19-082 is incorporated herein by reference, and made a part hereof as if fully set forth herein. The documents and other materials that constitute the record on which this determination was made are located in the Planning Department and are in the custody of the Planning Director. Further, the mitigation measures set forth therein are made applicable to the Project. 3. Based upon all available evidence presented to the City Council during the above - referenced public hearing on October 2, 2019, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. Much of the Project Area is currently within unincorporated San Bernardino County, with a small portion located within the City's limits. Specifically, 4,088 acres of the Project Area are located within the City's Sphere of Influence and 305 acres lie within the City. Approximately 3,494 acres of the Project Area, including portions within the City's Sphere of Influence, are governed by the Etiwanda North Specific Plan, adopted by the City in 1992. b. Development of the portion of the Project Area in the City's sphere of influence is currently governed bythe San Bernardino County General Plan and zoning regulations, with various portions of the Project Area designated as Resource Conservation, Single Residential, Rural Living, Special Development Residential, Open Space, Institutional, and Floodway under the County General Plan. The portion of the Project Area currently within the City is regulated by the City's General Plan, the Etiwanda North Specific Plan, or both. C. The majority of the unincorporated Project Area is currently pre -zoned under the Etiwanda North Specific Plan, which includes zoning designations for Utility Corridor, Flood Control/Riparian, Resource Conservation, Very Low Residential Estate, Very Low Residential, Low Residential, Hillside Residential Estate, Hillside Residential, Neighborhood Commercial, Fault Zone, and Open Space. The remainder of the unincorporated Project Area in the City's Sphere of Influence is not currently pre -zoned by the City. The Project Area located within the City's boundaries is zoned Flood Control north of Banyan Street and Residential -Medium south of Banyan Street. d. The Specific Plan is comprised of two planning areas: (1) the Rural/Conservation Area generally located north of the Day Creek Diversion Levee to the San Bernardino National Forest boundary and east from Haven Avenue to the City limits; and (2) the Neighborhood Area located south of the Day Creek Diversion Levee to the 210 Freeway and east from the Day Creek Channel past Milliken Avenue. Each planning area is governed by a regulating zone that carries specific regulatory requirements intended to implement the Specific Plan's vision. e. The Rural/Conservation Area comprises approximately 3,603 acres within the Project Area and is subject to development standards and strategies intended to conserve and manage the areas as open space. The Rural/Conservation Area consists of a single regulating zone known as Rural, which is subdivided into the following sub -zones that correspond to existing General Plan open space land use designations: (1) Hillside; (2) Conservation; (3) Open Space; and (4) Flood Control. Up to 100 residential units could be developed within the Rural/Conservation area under the proposed development standards, with a Transfer of Development Rights (TDR) program that would allow property owners to transfer development rights for up to 300 residential Page 339 ORDINANCE NO. 958 EHNCP DEVELOPMENT CODE AMENDMENT DRC2019-00459 October 2, 2019 Page 3 units from the Rural/Conservation Area to the Neighborhood Area. The City Council supports the Specific Plan's goal of preserving the foothills that comprise the Rural/Conservation Area as open space, along with the standards and strategies intended to achieve that goal. f. The Neighborhood Area comprises approximately 790 acres within the Project Area and is subject to development standards intended to promote appropriate and well- designed residential, limited commercial, and recreational development. The Neighborhood Area consists of the following regulating zones: (1) Neighborhood Estate; (2) Neighborhood General 1; Neighborhood General 2; (3) Shops and Restaurants; and (4) Central Greenway Overlay. The Specific Plan permits up to 2,700 residential units in the Neighborhood Area, which may be expanded to 3,000 units depending on property owner participation in the TDR program. Among other amenities, the Neighborhood Area includes a trail network that builds upon the City's existing trail network as identified in the General Plan and Trail Implementation Plan. Development within the Neighborhood Area is intended to help generate funds to support open space conservation within the Rural/Conservation Area. The City Council finds that the Neighborhood Area is well designed and planned and will help promote the Rural/Conservation Area as open space. g. The City Council has independently reviewed the General Plan Consistency Analysis attached as Exhibit Q to the City Council staff report and included as Table 4.10-2 in the EIR. Based on this comprehensive consistency analysis, the City Council finds that in conjunction with the related documents and approvals associated with the EHNCP (General Plan Amendment DRC2015-00749, Zoning Map Amendment DRC2015-00752, Etiwanda North Specific Plan Amendment DRC 2015-00750, and Annexation DRC2015-00732), the Development Code Amendment is consistent with the goals, policies and implementation programs of the General Plan and will not conflict with any specific plan applicable to the Project Area. This finding is more specifically supported by the following evidence: i. The Development Code Amendment would facilitate implementation of the EHNCP Specific Plan, including its limitation on development within the Specific Plan's Rural/Conservation Area, consistent with the City's conservation goals, as outlined in the General Plan's Resource Conservation Element and including Goal RC -1 ("Encourage stewardship of natural open space areas, environmentally sensitive lands, and agricultural resources") and its associated policies. ii. The Development Code Amendment would facilitate implementation of the EHNCP Specific Plan Neighborhood Area, which is well designed and planned and will help promote the Rural/Conservation Area as open space. This is consistent with General Plan Goal LU - 9 ("Fostera cohesive, healthy community through appropriate patterns and scales of development, including complementary transitions between districts, neighborhoods, and land uses") and its associated policies. h. Approval of the Development Code Amendment would not be materially injurious or detrimental to adjacent properties. C. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows Page 340 ORDINANCE NO. 958 EHNCP DEVELOPMENT CODE AMENDMENT DRC2019-00459 October 2, 2019 Page 4 1. Section 17.114.020 ("Specific Plan Descriptions") of Chapter 17.114 ("Special Planning Area Map and Descriptions") of Article VI ("Special Planning Areas") of Title 17 ("Development Code") of the Rancho Cucamonga Municipal Code is herebyamended to add a new Subsection D to read as follows: "D. Etiwanda Heights Neighborhood & Conservation Plan (EHNCP). The Etiwanda Heights Neighborhood & Conservation Plan was adopted by the city council in 2019. The plan area is located along the northeastern edge of the city at the base of the San Gabriel Mountains; west of State Route 15, north of State Route 210, and north of existing residential neighborhoods in the City. The plan area includes 4,393 acres. The plan represents a unique opportunity to permanently preserve unspoiled views of the San Gabriel foothills and mountains, permanently conserve rural open space and habitat resources, secure recreational access to the foothills, while providing unique new neighborhoods that reflect the city's heritage. This plan has been prepared to guide land use and shape new development within the plan area. The community-based vision is for large quantities of conserved rural and natural open space in the plan's 3,603 -acre rural/conservation area, underwritten by and in balance with high quality neighborhood development in the 790 -acre southerly neighborhood area already surrounded by existing neighborhoods. This area had long been under San Bernardino County's jurisdiction, and the City's interest is to implement this plan for the future of this portion of rural land, preserving much of the foothills for future generations. Please refer to the adopted Etiwanda Heights Neighborhood & Conservation Plan maintained by the planning department and city clerk for comprehensive details." 2. The title of Chapter 17.38 ("Overlay Zoning Districts") of Article III ("Zoning Districts, Allowed Uses, and Development Standards") of Title 17 ("Development Code") of the Rancho Cucamonga Municipal Code is hereby renamed as "Overlay Zoning Districts and Other Special Planning Areas." 3. A new Section 17.38.070 entitled "Etiwanda Heights Neighborhood & Conservation Plan" is hereby added to Chapter 17.38 ("Overlay Zoning Districts and Other Special Planning Areas") of Article III ("Zoning Districts, Allowed Uses, and Development Standards") of Title 17 ("Development Code") of the Rancho Cucamonga Municipal Code to read as follows: "Section 17.38.070 Etiwanda Heights Neighborhood & Conservation Plan. The Etiwanda Heights Neighborhood & Specific Plan is broken into a Neighborhood Area and a Rural/Conservation Area with regulating zones and sub -zones governing development within each area. The allowed land uses and corresponding permit requirements within each regulating zone and sub -zone are identified in Table 17.38.070-1 ("Allowed Uses") below. Unless otherwise noted, definitions of each use are found in Chapter 17.32. If a word or phrase used in this section is not defined in Chapter 17.32 or the specific plan's glossary, the Planning Director shall make a determination on its meaning, giving deference to common usage. Notwithstanding any other provision of this code, in the event of any conflict between this section and the specific plan, the development code shall prevail. Page 341 ORDINANCE NO. 958 EHNCP DEVELOPMENT CODE AMENDMENT DRC2019-00459 October 2, 2019 Page 5 Table 17.38.070-1 Allowed Uses Allowed Land Uses and Permit Requirements for the Etiwanda Heights Neighborhood & Conservation Plan Key P Permitted PU Permitted upstairs C Requires Conditional Use Permit (CUP) F Permitted on the ground floor of an Attached Flex Building Type (see Chapter 5.4.12) N Not permitted Page 342 Neighborhood Area (NA) Rural/Conservation Area (RCA)' Regulating Zones/Sub-zones SR NG -2 NG -1 NE R -OS R -H R-FC/UC R -C Residential Uses Adult Day Care Home N P P P N P N N Caretaker Housing N C C C P C P N Dwelling, Multi-Family2 N N N N N N N N Dwelling, Single-Family2 N P P P P P N3 N Dwelling, Single -Family Attached P P N N N N N N Emergency Shelter N N N N N N N N Family Day Care Home, Large N C C C N N N N Family Day Care Home, Small N P P P N N N N Guest House N N P P N N N N Group Residential N C C C N C N N Home Occupations N P P P P P N N Live -Work Facility P P N N N N N N Manufactured Home N N N N N N N N Mobile Home Park N N N N N N N N Residential Care Facility C C C N N N N N Residential Care Home P P P P N P N N Single -Room Occupancy Facility N N N N N N N N Transitional Housing P I P P P N P N N Agriculture and Animal -Related Uses Agricultural Uses N N N P C C C N Animal Keeping, Domestic Pets6 P P P P P P P N Animal Keeping, Exotic Animals6 N N C C N C N N Animal Keeping, Insects6 N N N P P P P N Animal Keeping, Livestock N N N P C C C N Animal Keeping, Poultry6 N N N P C C C N Equestrian Facility, Commercial N N N N N N N N Page 342 ORDINANCE NO. 958 EHNCP DEVELOPMENT CODE AMENDMENT DRC2019-00459 October 2, 2019 Page 6 Equestrian Facility, Hobby N I N P I P7 I P P N N Recreation, Resource Preservation, Open Space, Education, and Public Assembly Uses Assembly Use C N N N C C N N Cemetery/Mausoleum N N N N N N N N Community Center/Civic Use C N N N N N N N Community Garden P P P N N N N N Convention Center N N N N N N N N Golf Course/Clubhouse N N N N N N N N Indoor Amusement/ Entertainment Facility N N N N N N N N Indoor Fitness and Sports Facility - Large N N N N N N N N Indoor Fitness and Sports Facility - Small P N N N N N N N Library and Museum P N N N C N N N Outdoor Commercial Recreation N N N N N N N N Park and Public Plaza P N N N N N N N Public Safety Facility P N N N P P N N Resource -Related Recreation P P P P C C N N School, Academic (Private) C C C C N N N N School, Academic (Public) P P P P N N N N School, College/University N N N N N N N N School, College/University (Public) N N N N N N N N Schools, Specialized Education and Training/Studio P N N N N N N N Theaters and Auditoriums C N N N N N N N Tutoring Center - Large N N N N N N N N Tutoring Center - Small P I F N N I N N N N Utility, Transportation, Public Facility, and Communication Broadcasting and Recording Studios I N N N N N N N N Park and Ride Facility N N N N N N N N Parking Facility N N N N N N C N Transit Facility N N N N N N N N Utility Facility and Infrastructure - Fixed Based Structures N N N N N N C N Utility Facility and Infrastructure - Pipelines N N N N N N C N Wind Energy System—Small N N N N N N N N Retail, Service, and Office Uses Page 343 ORDINANCE NO. 958 EHNCP DEVELOPMENT CODE AMENDMENT DRC2019-00459 October 2, 2019 Page 7 Adult Day Care Facility N N N N N N N N Adult -Oriented Business N N N N N N N N Alcoholic Beverage Sales C N N N N N N N Ambulance Service N N N N N N N N Animal Sales and Grooming P N N N N N N N Art, Antique, Collectable Shop P F N N N N N N Artisan Shop P F N N N N N N Bail Bonds N N N N N N N N Banks and Financial Services P N N N N N N N Bar/Nightclub N N N N N N N N Bed and Breakfast Inn C C N N N N N N Building Materials Store and Yard N N N N N N N N Business Support Services P N N N N N N N Call Center N N N N N N N N Card Room N N N N N N N N Check Cashing Business N N N N N N N N Child Day Care Facility/Center C N N N N N N N Commercial Cannabis Activity N N N N N N N N Consignment Store P N N N N N N N Convenience Store N N N N N N N N Crematory Services N N N N N N N N Drive -In and Drive -Through Sales and Service N N N N N N N N Equipment Sales and Rental N N N N N N N N Feed and Tack Store N N N N N N N N Furniture, Furnishing, and Appliance Store P N N N N N N N Garden Center/Plant Nursery N N N N C N C N Grocery Store/Supermarket C8 N N N N N N N Gun Sales N N N N N N N N Hookah Shop N N N N N N N N Home Improvement Supply Store P9 N N N N N N N Hotel and Motel N N N N N N N N Internet Cafe N N N N N N N N Kennel, Commercial N N N N N N N N Liquor Store N N N N N N N N Maintenance and Repair, Small Equipment P N N N N N N N Massage Establishment N N N N N N N N Page 344 ORDINANCE NO. 958 EHNCP DEVELOPMENT CODE AMENDMENT DRC2019-00459 October 2, 2019 Page 8 Massage Establishment, Ancillary N N N N N N N N Medical Services, Extended Care N N N N N N N N Medical Services, General PU N N N N N N N Medical Services, Hospitals N N N N N N N N Mobile Hot Food Truck P N N N N N N N Mortuary/Funeral Home N N N N N N N N Office, Business and Professional PU F N N N N N N Office, Accessory PU F N N N N N N Pawnshop N N N N N N N N Personal Services P F N N N N N N Restaurant, No Liquor Service P F/C N N N N N N Restaurant, Beer and Wine P F/C N N N N N N Restaurant, Full Liquor Service C N N N N N N N Retail, Accessory P F/C N N N N N N Retail, General P9 F/C N N N N N N Retail, Warehouse Club N N N N N N N N Secondhand Dealer N N N N N N N N Shooting Range N N N N N N N N Smoke Shop N N N N N N N N Specialty Food Store P F/C N N N N N N Tattoo Shop N N N N N N N N Thrift Store N N N N N N N N Veterinary Facility C N N N N N N N Automobile and Vehicle Uses Auto Vehicle Dismantling N N N N N N N N Auto and Vehicle Sales and Rental N N N N N N N N Auto and Vehicle Sales N N N N N N N N Auto and Vehicle Storage N N N N N N N N Auto Parts Sales N N N N N N N N Car Washing and Detailing N N N N N N N N Recreational Vehicle Storage N N N N N N N N Service Stations N N N N N N N N Vehicle Services, Major N N N N N N N N Vehicle Services, Minor N I N N I N I N N N N Industrial, Manufacturing, and Processing Uses Commercial (Secondary/Accessory) - Industrial N I N I N I N I N I N I N N Commercial (Repurposing) - Industrial N I N N I N I N N N N Page 345 ORDINANCE NO. 958 EHNCP DEVELOPMENT CODE AMENDMENT DRC2019-00459 October 2, 2019 Page 9 Fuel Storage and Distribution N N N N N N N N Manufacturing, Custom N N N N N N N N Manufacturing, Heavy N N N N N N N N Manufacturing, Heavy -Minimum Impact N N N N N N N N Manufacturing, Light N N N N N N N N Manufacturing, Medium N N N N N N N N Microbrewery N N N N N N N N Printing and Publishing N N N N N N N N Recycling Facility, Collection N N N N N N N N Recycling Facility, Processing N N N N N N N N Recycling Facility, Scrap and Dismantling Facility N N N N N N N N Research and Development N N N N N N N N Storage, Personal Storage Facility N N N N N N N N Storage Warehouse N N N N N N N N Storage Yard N N N N N N N N Wholesale, Storage, and Distribution - Heavy N N N N N N N N Wholesale, Storage, and Distribution - Light N N N N N N N N Wholesale, Storage, and Distribution - Medium N N N N N N N N Table Notes 1 Aggregate resource extraction maybe permitted, subject to the issuance of a Conditional Use Permit, within the RCA only in the Deer Creek Alluvial Fan and Day Creek Alluvial Fan (Sectors D-1 and D-16 as shown in Figure RC -2 in the Resource Conservation Element of the General Plan). 2 Use defined in the glossary of the specific plan (Appendix 3). 3 Any property that is located within the R-FC/UC sub -zone area and is privately owned on the date on which the specific plan becomes effective shall be allowed to construct 1 dwelling unit for each 10 acres of land, and any development rights can be transferred pursuant to the Transfer of Development Rights program described in Chapter 7.4 of the specific plan. 4 Family Day Care Home — Large requires approval of a Large Family Day Care Permit, not a Conditional Use Permit. 5 See additional regulations for home occupations in Section 17.92. 6 See additional regulations for animal keeping in Section 17.88. 7 1 equine is permitted per 10,000 square feet of lot area. See Chapter 5.4.2.J of the specific plan. 8 Limited to 30,000 square feet. 9 Limited to 5,000 square feet. 4. Severability. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect. Page 346 ORDINANCE NO. 958 EHNCP DEVELOPMENT CODE AMENDMENT DRC2019-00459 October 2, 2019 Page 10 5. Certification. The City Clerk shall certify to the adoption of this Ordinance. ATTEST: Janice C. Reynolds, City Clerk L. Dennis Michael, Mayor I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 2nd day of October, 2019, and was passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on , 2019, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: Page 347 ORDINANCE NO. 959 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING ZONING MAP AMENDMENT AND PREZONING DRC2015-00752 IN CONNECTION WITH THE ETIWANDA HEIGHTS NEIGHBORHOOD AND CONSERVATION PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. 1. The City of Rancho Cucamonga (the "City") prepared the Etiwanda Heights Neighborhood and Conservation Plan (EHNCP) DRC2015-00751 as a specific plan (the "Specific Plan") to regulate development in an area comprising approximately 4,393 acres extending roughly from Haven Avenue easterly to the City's boundarywith Fontana, and from the northerly City limits to the San Bernardino National Forest boundary that is largely in the City's Sphere of Influence (the "Project Area"). The Project Area is more particularly described in Section 2.2 of the Specific Plan. 2. The City has caused to be prepared Zoning Map Amendment DRC2015-00752 (the "Zoning Map Amendment") attached hereto as Exhibit "A" and incorporated herein by this reference, in order to pre -zone the portion of the Project Area within the City's Sphere of Influence, re -zone the portion of the Project Area within the City's boundaries, and ultimately incorporate the Specific Plan into the City's official Zoning Map. To accomplish this objective, the Zoning Map Amendment would zone the entire Project Area as SP-EHNCP, which would implement the Specific Plan's regulating zones across the Project Area. The entire Project Area is also zoned Equestrian/Rural Overlay District, which would continue to apply to the Project Area under the Specific Plan and annexation of the unincorporated Project Area into the City. 3. On July 24, 2019, the Planning Commission opened a duly noticed public hearing on the Zoning Map Amendment and continued the hearing to August 28, 2019. 4. On August 28, 2019, the Planning Commission re -opened the duly noticed public hearing on the Zoning Map Amendment, concluded the hearing on that date, and thereafter, among other actions, adopted Resolution No. 19-52, recommending that the City Council approve the Zoning Map Amendment. 5. On October 2, 2019, the City Council conducted a duly noticed public hearing on the Zoning Map Amendment and concluded the hearing on that date. 6. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Findings. 1. Recitals. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 2. CEQA. The EHNCP, the Zoning Map Amendment, and their associated approvals (collectively, the "Project") have been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City's Local CEQA Guidelines. The City prepared an initial study and, based on the information contained in the initial study, concluded that there was substantial evidence that the Project might have a significant environmental impact on several resources. Based upon the information contained in the initial Page 348 ORDINANCE NO. 959 EHNCP ZONING MAP AMENDMENT DRC2015-00752 October 2, 2019 Page 2 study, the City prepared an EIR for the Project in order to analyze the Project's potential impacts on the environment. A Draft EIR was prepared and circulated for public review and comment, and a Final FEIR was reviewed by the City Council. By separate Resolution No. 19-082, the City Council has: (i) made the required CEQA findings and determinations, (ii) certified the Final EIR; (iii) adopted a Statement of Overriding Considerations and (d) adopted a Mitigation Monitoring and Reporting Program for the Project. Resolution No. 19-082 is incorporated herein by reference, and made a part hereof as if fully set forth herein. The documents and other materials that constitute the record on which this determination was made are located in the Planning Department and are in the custody of the Planning Director. Further, the mitigation measures set forth therein are made applicable to the Project. 3. Based upon all available evidence presented to the City Council during the above - referenced public hearing on October 2, 2019, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. Much of the portion of the Project Area in the City's sphere of influence is currently within unincorporated San Bernardino County, with a small portion located within the City's limits. Specifically, 4,088 acres of the Project Area are located within the City's Sphere of Influence and 305 acres lie within the City. Approximately 3,494 acres of the Project Area, including portions within the City's Sphere of Influence, are governed by the Etiwanda North Specific Plan, adopted by the City in 1992. b. Development of the Project Area is currently governed by the San Bernardino County General Plan and zoning regulations, with various portions of the Project Area designated as Resource Conservation, Single Residential, Rural Living, Special Development Residential, Open Space, Institutional, and Floodway under the County General Plan. The portion of the Project Area currently within the City is regulated by the City's General Plan, the Etiwanda North Specific Plan, or both. C. The majority of the unincorporated Project Area is currently pre -zoned under the Etiwanda North Specific Plan, which includes zoning designations for Utility Corridor, Flood Control/Riparian, Resource Conservation, Very Low Residential Estate, Very Low Residential, Low Residential, Hillside Residential Estate, Hillside Residential, Neighborhood Commercial, Fault Zone, and Open Space. The remainder of the unincorporated Project Area in the City's Sphere of Influence is not currently pre -zoned by the City. The Project Area located within the City's boundaries is zoned Flood Control north of Banyan Street and Residential -Medium south of Banyan Street. d. The Specific Plan is comprised of two planning areas: (1) the Rural/Conservation Area generally located north of the Day Creek Diversion Levee to the San Bernardino National Forest boundary and east from Haven Avenue to the City limits; and (2) the Neighborhood Area located south of the Day Creek Diversion Levee to the 210 Freeway and east from the Day Creek Channel past Milliken Avenue. Each planning area is governed by a regulating zone that carries specific regulatory requirements intended to implement the Specific Plan's vision. e. The Rural/Conservation Area comprises approximately 3,603 acres within the Project Area and is subject to development standards and strategies intended to conserve and manage the areas as open space. The Rural/Conservation Area consists of a single regulating zone known as Rural, which is subdivided into the following sub -zones that correspond to existing General Plan open space land use designations: (1) Hillside; (2) Conservation; (3) Open Space; and Page 349 ORDINANCE NO. 959 EHNCP ZONING MAP AMENDMENT DRC2015-00752 October 2, 2019 Page 3 (4) Flood Control. Up to 100 residential units could be developed within the Rural/Conservation area under the proposed development standards, with a Transfer of Development Rights (TDR) program that would allow property owners to transfer development rights for up to 300 residential units from the Rural/Conservation Area to the Neighborhood Area. The City Council supports the Specific Plan's goal of preserving the foothills that comprise the Rural/Conservation Area as open space, along with the standards and strategies intended to achieve that goal. f. The Neighborhood Area comprises approximately 790 acres within the Project Area and is subject to development standards intended to promote appropriate and well- designed residential, limited commercial, and recreational development. The Neighborhood Area consists of the following regulating zones: (1) Neighborhood Estate; (2) Neighborhood General 1; Neighborhood General 2; (3) Shops and Restaurants; and (4) Central Greenway Overlay. The Specific Plan permits up to 2,700 residential units in the Neighborhood Area, which may be expanded to 3,000 units depending on property owner participation in the TDR program. Among other amenities, the Neighborhood Area includes a trail network that builds upon the City's existing trail network as identified in the General Plan and Trail Implementation Plan. Development within the Neighborhood Area is intended to help generate funds to support open space conservation within the Rural/Conservation Area. The City Council finds that the Neighborhood Area is well designed and planned and will help promote the Rural/Conservation Area as open space. g. As reflected in Exhibit 'A" the Zoning Map Amendment would pre -zone the unincorporated portions of the Project Area within the City's Sphere of Influence as SP-EHNCP. It would also zone the portions of the Project Area within the City as SP-EHNCP. Upon approval of the Zoning Map Amendment, the Specific Plan's regulating zones within both the Rural/Conservation and Neighborhood Areas, as described above, would be applied to each parcel in accordance with the Specific Plan. By adopting the Zoning Map Amendment, the City Council desires to implement these regulating zones within the Project Area and thus implement the Specific Plan. h. The City Council has independently reviewed the General Plan Consistency Analysis attached as Exhibit Q to the City Council staff report and included as Table 4.10-2 in the EIR. Based on this comprehensive consistency analysis, the City Council finds that in conjunction with the related documents and approvals associated with the EHNCP (General Plan Amendment DRC2015-00749, Development Code Amendment DRC2019-00459, Etiwanda North Specific Plan Amendment DRC 2015-00750, and Annexation DRC2015-00732), the Zoning Map Amendment is consistent with the goals, policies and implementation programs of the General Plan and will not conflict with any specific plan applicable to the Project Area. This finding is more specifically supported by the following evidence: i. The Zoning Map Amendment would facilitate implementation of the EHNCP Specific Plan, including its limitation on development within the Specific Plan's Rural/Conservation Area, consistent with the City's conservation goals, as outlined in the General Plan's Resource Conservation Element and including Goal RC -1 ("Encourage stewardship of natural open space areas, environmentally sensitive lands, and agricultural resources") and its associated policies. ii. The Zoning Map Amendment would facilitate implementation of the EHNCP Specific Plan Neighborhood Area, which is well designed and planned and will help promote the Rural/Conservation Area as open space. This is consistent with General Plan Goal LU - 9 ("Foster a cohesive, healthy community through appropriate patterns and scales of development, Page 350 ORDINANCE NO. 959 EHNCP ZONING MAP AMENDMENT DRC2015-00752 October 2, 2019 Page 4 including complementary transitions between districts, neighborhoods, and land uses") and its associated policies. i. Approval of the Zoning Map Amendment would not be materially injurious or detrimental to adjacent properties. C. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: 1. Zoning Map. The City Council hereby adopts Zoning Map Amendment DRC2015- 00752. The Official Zoning Map for the City of Rancho Cucamonga is hereby amended by changing the Project Area to "SP-EHNCP" as more particularly identified in the revised Zoning Map attached hereto as Exhibit "A." 2. Prezoning. Pursuant to Section 17.22.050 of the Municipal Code, the zoning of the unincorporated portions of the Project Area shall become effective at the time the proposed annexation for the ENHCP becomes effective. Until such time, the Zoning Map shall be revised to show the prezoning classification with the label "PRE DISTRICT" in addition to such other map designation as may be applicable. 3. Severability. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect. 4. Certification. The City Clerk shall certify to the adoption of this Ordinance. ATTEST: Janice C. Reynolds, City Clerk L. Dennis Michael, Mayor I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 2nd day of October, 2019, and was passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on , 2019, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: Page 351 ORDINANCE NO. 959 EHNCP ZONING MAP AMENDMENT DRC2015-00752 October 2, 2019 Page 5 Exhibit A Amended Zoning Map Page 352 Base Llne Rd m.m,w.mr,,.uwoe.,on.�,m�,ia. rim�.m. �,..uw.er,.e inA.an m.c�nnw.<no �. • • ; • • •� •-h•= •••• •••• 4id s� ..—..—..—..— LEA ....... .... .... Data Provided by Department of Innovation & Technology CITY OF RANCHO CUCAMONGA :::j ZONING MAP Residential Open Space 14 0 Very Low (<2 du/ac) Flood Control (FC) _ 0 Low (24 du/ac) D Hillside Residential (HR) ry • . .. .. 0 Low Medium (4-8 du/ac) 0 Open Space (OS) IS, recific;Plan; (PCrEH� �; ; - muniry Medium (&14 du/ac) 0 Utility Corridor (UC) � Medium High (14-24 du/ac) High (24-30 du/ac) Specific Plan Etiwanda Heights Neighborhood & ® • Conservation Specific Plan (SP) ® Etiwanda North Specific Plan (SP -EN) • ®Etiwanda Specific Plan (SP -E) %Commercial/Office ® Empire Lakes Specific Plan (SP -EL) Office Professional (OP) ;(SPIE); ; Neighborhood Commercial (NC) Planned Communities • -Etiwanda Specific.1 an General Commercial (GC) 0 Planned Community (PC) • �• O Community Commercial (CC) ® Caryn Planned Community (PC -C) TT Route 2lo ® Regional Related Commercial (RC) Etiwanda Highlands Planned Specialty Commercial (SC) ® Community (PC -EH) Commercial Office (CO) Terra Vista Planned Community i • (PC -TV) %• ® Victoria Planned Community (PC -V) Mixed Use Overlay District ® Mixed Use (MU) Equestrian (EOD) 0 Haven Avenue(HAOD) O Senior Housing (SHOD) Base Ll Rd Industrial D Hillside (HOD) Industrial Park (IP) Foothill Boulevard (FBOD) General Industrial (GI) 0 Industrial Commercial (COD) ® Minimum Impact Heavy Industrial (MI/Hp Heavy Industrial (HI) m.m,w.mr,,.uwoe.,on.�,m�,ia. rim�.m. �,..uw.er,.e inA.an m.c�nnw.<no �. • • ; • • •� •-h•= •••• •••• 4id s� ..—..—..—..— LEA ....... .... .... Data Provided by Department of Innovation & Technology ORDINANCE NO. 960 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING ETIWANDA NORTH SPECIFIC PLAN AMENDMENT DRC2015-00750 IN CONNECTION WITH THE ETIWANDA HEIGHTS NEIGHBORHOOD AND CONSERVATION PLAN, DRC2015-00751, AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. 1. The City of Rancho Cucamonga (the "City") prepared the Etiwanda Heights Neighborhood and Conservation Plan (EHNCP) DRC2015-00751 as a specific plan (the "EHNCP Specific Plan") to regulate development in an area comprising approximately 4,393 acres extending roughlyfrom Haven Avenue easterlyto the City's boundarywith Fontana, and from the northerly City limits to the San Bernardino National Forest boundary that is largely in the City's Sphere of Influence (the "Project Area"). The Project Area is more particularly described in Section 2.2 of the EHNCP Specific Plan. 2. The City has caused to be prepared an amendment to the Etiwanda North Specific Plan, DRC2015-00750 (the "Etiwanda North Specific Plan Amendment"), attached hereto as Exhibit "A" and incorporated herein by this reference, in order to remove portions of the Project Area from the Etiwanda North Specific Plan as those properties will be governed by the EHNCP Specific Plan following final approval of the EHNCP Specific Plan and annexation. The Etiwanda North Specific Plan Amendment also involves conforming changes to text, graphics, and maps. 3. On July 24, 2019, the Planning Commission opened a duly noticed public hearing on the Etiwanda North Specific Plan Amendment and continued the hearing to August 28, 2019. 4. On August 28, 2019, the Planning Commission re -opened the duly noticed public hearing on the Etiwanda North Specific Plan Amendment, concluded the hearing on that date, and thereafter, among other actions adopted Resolution No. 19-53, recommending that the City Council approve the Etiwanda North Specific Plan Amendment. 5. On October 2, 2019, the City Council conducted a duly noticed public hearing on the Etiwanda North Specific Plan Amendment and concluded the hearing on that date. 6. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Findings. 1. Recitals. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 2. CEQA. The EHNCP, the Etiwanda North Specific Plan Amendment, and their associated approvals (collectively, the "Project") have been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City's Local CEQA Guidelines. The City prepared an Initial Study and, based on the information Page 354 ORDINANCE NO. 960 EHNCP ETIWANDA NORTH SP AMENDMENT DRC2015-00750 October 2, 2019 Page 2 contained in the Initial Study, concluded that there was substantial evidence that the Project might have a significant environmental impact on certain resources. Based upon the information contained in the Initial Study and other technical reports and evidence, the City prepared an EIR for the Project in order to analyze the Project's potential impacts on the environment. A Draft EIR was prepared and circulated for public review and comment, and a Final FEIR was reviewed by the City Council. By separate Resolution No. 19-082, the City Council has: (i) made the required CEQA findings and determinations, (ii) certified the Final EIR; (iii) adopted a Statement of Overriding Considerations and (d) adopted a Mitigation Monitoring and Reporting Program for the Project. Resolution No. 19-082 is incorporated herein by reference, and made a part hereof as if fully set forth herein. The documents and other materials that constitute the record on which this determination was made are located in the Planning Department and are in the custody of the Planning Director. Further, the mitigation measures set forth therein are made applicable to the Project. 3. Based upon all available evidence presented to the City Council during the above - referenced public hearing on October 2, 2019, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. Much of the Project Area is currently within unincorporated San Bernardino County, with a small portion located within the City's limits. Specifically, 4,088 acres of the Project Area are located within the City's Sphere of Influence and 305 acres lie within the City. Approximately 3,494 acres of the Project Area, including portions within the City's Sphere of Influence, are governed by the Etiwanda North Specific Plan, adopted by the City in 1992. b. Development of the unincorporated portion of the Project Area in the City's sphere of influence is currently governed by the San Bernardino County General Plan and zoning regulations, with various portions of the Project Area designated as Resource Conservation, Single Residential, Rural Living, Special Development Residential, Open Space, Institutional, and Floodway under the County General Plan. The portion of the Project Area currently within the City is regulated by the City's General Plan, the Etiwanda North Specific Plan, or both. The unincorporated and incorporated portions of the Project Area that are currently subject to the Etiwanda North Specific Plan are hereinafter referred to as the "Affected Project Area." C. The majority of the unincorporated Project Area is currently pre -zoned under the Etiwanda North Specific Plan, which includes zoning designations for Utility Corridor, Flood Control/Riparian, Resource Conservation, Very Low Residential Estate, Very Low Residential, Low Residential, Hillside Residential Estate, Hillside Residential, Neighborhood Commercial, Fault Zone, and Open Space. The remainder of the unincorporated Project Area in the City's Sphere of Influence is not currently pre -zoned by the City. The Project Area located within the City's boundaries is zoned Flood Control north of Banyan Street and Residential -Medium south of Banyan Street. d. The EHNCP Specific Plan is comprised of two planning areas: (1) the Rural/Conservation Area generally located north of the Day Creek Diversion Levee to the San Bernardino National Forest boundary and east from Haven Avenue to the City limits; and (2) the Neighborhood Area located south of the Day Creek Diversion Levee to the 210 Freeway and east Page 355 ORDINANCE NO. 960 EHNCP ETIWANDA NORTH SP AMENDMENT DRC2015-00750 October 2, 2019 Page 3 from the Day Creek Channel past Milliken Avenue. Each planning area is governed by a regulating zone that carries specific regulatory requirements intended to implement the EHNCP Specific Plan's vision. e. The Rural/Conservation Area comprises approximately 3,603 acres within the Project Area and is subject to development standards and strategies intended to conserve and manage the areas as open space. The Rural/Conservation Area consists of a single regulating zone known as Rural, which is subdivided into the following sub -zones that correspond to existing General Plan open space land use designations: (1) Hillside; (2) Conservation; (3) Open Space; and (4) Flood Control. Up to 100 residential units could be developed within the Rural/Conservation area under the proposed development standards, with a Transfer of Development Rights (TDR) program that would allow property owners to transfer development rights for up to 300 residential units from the Rural/Conservation Area to the Neighborhood Area. The City Council agrees with the EHNCP Specific Plan's goal of preserving the foothills that comprise the Rural/Conservation Area as open space, along with the standards and strategies intended to achieve that goal. f. The Neighborhood Area comprises approximately 790 acres within the Project Area and is subject to development standards intended to promote appropriate and well- designed residential, limited commercial, and recreational development. The Neighborhood Area consists of the following regulating zones: (1) Neighborhood Estate; (2) Neighborhood General 1; Neighborhood General 2; (3) Shops and Restaurants; and (4) Central Greenway Overlay. The EHNCP Specific Plan permits up to 2,700 residential units in the Neighborhood Area, which may be expanded to 3,000 units depending on property owner participation in the TDR program. Among other amenities, the Neighborhood Area includes a trail network that builds upon the City's existing trail network as identified in the General Plan and Trail Implementation Plan. Development within the Neighborhood Area is intended to help generate funds to support open space conservation within the Rural/Conservation Area. g. The City Council has independently reviewed the General Plan Consistency Analysis attached as Exhibit Q to the City Council staff report and included as Table 4.10-2 in the EIR. Based on this comprehensive consistency analysis, the City Council finds that, along with the related documents and approvals associated with the EHNCP (General Plan Amendment DRC2015-00749, Zoning Map Amendment DRC2015-00752, Development Code Amendment DRC2019-00459, and Annexation DRC2015-00732), the Etiwanda North Specific Plan Amendment is consistent with the goals, policies and implementation programs of the General Plan and will not conflict with any other specific plan. This finding is more specifically supported by the following evidence: i. The Etiwanda North Specific Plan would permit a significant amount of residential development within the EHNCP Specific Plan's Rural/Conservation Area that is no longer consistent with the City's conservation goals, as outlined in the General Plan's Resource Conservation Element and including Goal RC -1 ("Encourage stewardship of natural open space areas, environmentally sensitive lands, and agricultural resources") and its associated policies. The Etiwanda North Specific Plan Amendment is intended to avoid such growth in the Rural/Conservation Area that is not consistent with the General Plan. Page 356 ORDINANCE NO. 960 EHNCP ETIWANDA NORTH SP AMENDMENT DRC2015-00750 October 2, 2019 Page 4 ii. The Etiwanda North Specific Plan Amendment would make way for the implementation of the EHNCP Specific Plan. The EHNCP Specific Plan's Neighborhood Area is well designed and planned and will help promote the Rural/Conservation Area as open space. This is consistent with General Plan Goal LU -9 ("Foster a cohesive, healthy community through appropriate patterns and scales of development, including complementary transitions between districts, neighborhoods, and land uses") and its associated policies. h. Upon approval of the EHNCP Specific Plan, the Project Area will be governed by that EHNCP Specific Plan's land use and development regulations. Therefore, the land use and development regulations within the North Etiwanda Specific Plan will no longer apply to the Project Area and, with respect to the Project Area, need not be comparable in breadth and depth to similar zoning regulations contained in the Development Code. i. Similarly, the administration and permit processes within the North Etiwanda Specific Plan need not be consistent with the administration and permit processes of the Development Code because the North Etiwanda Specific Plan Amendment will remove the Project Area from the North Etiwanda Specific Plan. j. Approval of the Etiwanda North Specific Plan Amendment would not be materially injurious or detrimental to adjacent properties. The findings set forth in this Ordinance reflect the independent judgment of the Specific Plan. C. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: 1. Adoption of Specific Plan Amendment. On the basis of the foregoing and all of the evidence in the administrative record before it, the City Council hereby adopts Etiwanda North Specific Plan Amendment DRC2015-00750, attached hereto as Exhibit "A." 2. Severability. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect. 3. Certification. The City Clerk shall certify to the adoption of this Ordinance. L. Dennis Michael, Mayor Page 357 ORDINANCE NO. 960 EHNCP ETIWANDA NORTH October 2, 2019 Page 5 ATTEST: SP AMENDMENT DRC2015-00750 Janice C. Reynolds, City Clerk I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 2nd day of October, 2019, and was passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on , 2019, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: Page 358 ORDINANCE NO. 960 EHNCP ETIWANDA NORTH SP AMENDMENT DRC2015-00750 October 2, 2019 Page 6 Exhibit A Etiwanda North Specific Plan Amendment DRC2015-00750 Page 359 PAGE 1 ETIWANDA NORTH SPECIFIC PLAN ERRATA INSERT (after the adoption of the Etiwanda Heights Neighborhood & Conservation Plan) R- •�_.. • m .= oF r .- n axAm2m, QUZEaNIA, APPRMM SPE=C PLM 90-01, TDO ErINANDA NOMH (iii)The Plan comprises approximately 2093.86 acres. A large portion of the Plan will be located north of Wilson Avenue (with a small rectangular portion in the east extending south below Wilson Avenue, north of Highland Avenue), east of Day Creek Channel, and west of San Sevaine Wash, all as referenced in the amended Project Site Map, Exhibit 2, of the Plan. Page 360 PAGE 1-1 MMMMM�-;� _ - The purpose of the Etiwanda North Specific Plan is to guide land use and community design within the north Etiwanda area. This will be accomplished by a comprehensive set of regulations, incentives and community design guidelines, along with related implementing actions designed to encourage optimum fevelopment. "-- M Cucamongu a EaSphere-, I I n the County of San--ffe�.O. The goals of the City General Plan and the County General Plan can best be met through the specific plan process. Also, the ideals of both public and private interests can be realized through the specific plan process which provides a link between the General Plan goals and specific implementation actions. It serves as a means of managing the use of land, establishing provisions for detailed community design concepts, and promotes a comprehens--ve approach to the implementation of these actions. Page 361 The EUvvonUo North Specific Plan comprises approximately 2O93.#O acres and will roughly be bounded by Day Creek Channel and EHNCParea tothe west; San 8evoineVVooh and EHNCP area to the east; Wilson Avenue and Highland Avenue to the south; and EHNCP area to the north. Refer to Exhibit 1 and amended Exhibit 2 for Regional PAGE 1-9 = Approximate Area of the Etiwanda North Specific Plan after the adoption of the EHNCP a PROJECT SITE — -- 2 0 1 2 3 MILES Etiwanda North Specific Plan I-9 City of AMENDED EXHIBIT 2 Page 363 PAGE II -18 M:.: TABLE 1 — ETIWANDA NORTH SPECIFIC PLAN LAND USE STATISTICAL SUMMARY, BEFORE THE ADOPTION OF EHNCP PAGE II -19 TABLE 2 — ETIWANDA NORTH SPECIFIC PLAN LAND USE STATISTICAL SUMMARY BY NEIGHBORHOOD, BEFORE THE ADOPTION OF EHNCP Page 364 DATE: November 6, 2019 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Elisa Cox, Deputy City Manager Fabian Villenas, Principal Management Analyst Justine Garcia, Management Analyst II SUBJECT: CONSIDERATION OF FIRST READING AND INTRODUCTION OF ORDINANCE NO. 962, REPEALING AND REPLACING CHAPTER 10.80 OF THE MUNICIPAL CODE TO ESTABLISH A PILOT PROGRAM FOR SHARED MOBILITY DEVICES FOR USE IN SPECIFIC AREAS OF THE CITY. RECOMMENDATION: Staff recommends the City Council adopt Ordinance No. 962, repealing and replacing Chapter 10.80 to the Municipal Code to establish a pilot program for shared mobility devices for use in specific areas of the City. BACKGROUND: Shared, dockless, mobility devices such as bicycles and e -scooters have recently been appearing in cities across the nation, sometimes with little or no notice given to City staff or officials. These devices belong to private companies that provide short-term rentals to individuals in need of or who want to use an alternative transportation option. In order to take a proactive approach, Rancho Cucamonga staff has been working diligently to find the best course of action to prevent unregulated shared mobility operations from popping up over night, with unanticipated consequences, while at the same time exploring the development of a well thought out and fully regulated pilot program that includes policies and practices that would best suit Rancho Cucamonga. On March 20, 2019, City Council approved Ordinance No. 945, adding Chapter 10.80 to the Municipal Code to temporarily prohibit shared mobility devices from being placed in the public right-of-way or offered for use anywhere in the City. The establishment of this ordinance allowed staff to further research the best process for establishing a shared mobility pilot program. ANALYSIS: In order to continue to make progress towards launching a shared mobility pilot program here in Rancho Cucamonga, it is necessary that Ordinance No. 945 be repealed and replaced in order to lift the temporary prohibitions and instead provide overarching parameters for shared mobility operations within the City. Ordinance No. 962 also provides administrative authority to open up a pilot program application period, reach out to prospective operators, and work with interested operators to establish specific operating requirements such as, but not limited to, type of device, number of devices, pilot area boundaries, safety elements, and data sharing. Specific parking locations for shared mobility devices will also be determined in order to ensure the proper management of curb space and to maintain space Page 365 for individuals walking and using mobility devices such as wheelchairs and walkers. Ordinance No. 962 clearly states that no person shall display, offer or make available for rent any shared mobility device within the City, unless the person has first obtained a valid operator permit, City business license and has the proper insurance and indemnification. This will protect the City from unlawful distribution of shared mobility devices, whether a pilot program becomes operational or not. Next steps include the finalization and release of a call for applications and the evaluation of applications to determine the best operation for Rancho Cucamonga. Once an operator or operators are selected, an operation agreement will be brought to Council for approval to begin pilot program operation. FISCAL IMPACT: There is no fiscal impact associated with the adoption of this ordinance. COUNCIL GOAL(S) ADDRESSED: This item addresses City Council Goal Enhancing Premier Community Status by providing alternative modes of transportation to improve air quality and reduce traffic congestion. ATTACHMENTS: Description Ordinance No. 962 Page 366 ORDINANCE NO. 962 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA REPEALING AND REPLACING CHAPTER 10.80 OF THE MUNICIPAL CODE TO ESTABLISH A PILOT PROGRAM FOR SHARED MOBILITY DEVICES FOR USE IN SPECIFIC AREAS OF THE CITY WHEREAS, the City of Rancho Cucamonga (City) is committed to the long-range goal of supporting environmental sustainability efforts, advancing economic development and improving overall health and quality of life; and WHEREAS, on April 5, 2017 the City Council unanimously approved the Sustainable Community Action Plan (Plan), which identifies goals and policies that are evaluated based on their health, economic and sustainability benefits, and establishes a number of strategies to achieve greenhouse gas (GHG) emissions reduction goals and targets, including facilitating safe, convenient and affordable alternative transportation options; and WHEREAS, among various other goals, the Plan supports the reduction of vehicle miles travelled by supporting bike sharing and other potential shared mobility alternatives for the community; and WHEREAS, the City must also balance the benefits of shared mobility alternatives with its obligation to protect the City as well as protect the health, safety and welfare of those who may use or may be impacted by the use of these shared mobility alternatives on City streets, roads, sidewalks, facilities and other public rights of way. This includes, but is not limited to, City obligations to manage City risks arising from these mobility alternatives, to ensure compliance with disability regulations, to maintain minimum widths for pedestrian usability in City business and commercial corridors, and to overall preserve a safe, accessible and healthy transportation and pedestrian environment within the City; and WHEREAS, the City has concluded that there is a need to appropriately assess and manage the safe and efficient operation of the evolving mobility device business within the City; and WHEREAS, on March 20, 2019 the City Council unanimously approved Ordinance No. 945 to temporarily prohibit shared mobility devices from being placed in the public right- of-way or offered for use anywhere in the City in order to be able to explore regulatory options to introduce shared mobility devices as a transportation option for City residents in as safe and controlled a manner as possible; and WHEREAS, the City has completed the exploration of regulatory options and now seeks to create a shared mobility device pilot program that will improve access to mobility options for residents, employees, and visitors to Rancho Cucamonga, create new and diverse mobility options, ensure safety by reducing sidewalk and pathway impediments, Page 1 of 7 Page 367 facilitate access for disabled individuals educate users about the proper rules and etiquette, create a legal and enforceable framework for managing shared mobility in the public right-of-way, and build good working partnerships with shared mobility service providers; and WHEREAS, a pilot shared mobility program would establish minimum operating requirements in the categories of maintenance, education, safety, customer service, data sharing, and insurance/indemnification and also identify a broader list of recommended program components through which the Operator can be evaluated during the pilot term; and WHEREAS, a pilot shared mobility program would be established to inform the content of future operating requirements and program components, and to provide flexibility during the pilot program duration through the Administrative Regulations; and WHEREAS, the City repeals and replaces Chapter 10.80 to establish a pilot shared mobility program; and WHEREAS, the City Council directs the City Manager or designee to monitor and assess the overall performance of the pilot program and provide City Council with a report approximately one (1) year after initial deployment of licensed shared mobility devices under the pilot program, including but not limited to, recommendations whether to maintain, modify, eliminate or expand the program. The report shall also address and recommend revisions to this Ordinance, if applicable. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY ORDAINS AS FOLLOWS: Section 1. Chapter 10.80 ("SHARED MOBILITY DEVICES") of Title 10 ("VEHICLES AND TRAFFIC") of the Rancho Cucamonga Municipal Code is repealed and replaced to read as follows: "Chapter 10.80: SHARED MOBILITY DEVICES Section 10.80.010: Purpose. Section 10.80.020: Definitions. Section 10.80.030: Administrative Regulations. Section 10.80.040: Prohibited Conduct. Section 10.80.050: Shared Mobility Pilot Program Operator License. Section 10.80.060: Share Mobility Operator Fees and Requirements. Section 10.80.070: Operator Indemnity and Insurance Requirements. Section 10.80.080: Grounds for Termination, Revocation or Suspension of Operator License. Section 10.80.090: Impoundment of Devices. Section 10.80.100: Enforcement. 10.80.010. Purpose. Page 2 of 7 Page 368 Consistent with the City's goals of enhancing mobility and access, easing traffic congestion, promoting sustainability and achieving goals outlined in the Sustainable Community Action Plan, this Chapter initiates a Shared Mobility Pilot Program to evaluate the impact of share mobility alternatives within the City while ensuring the protection of public health and safety, including the safety of the public traveling by foot, bicycle or any vehicle on public sidewalks, streets, other public rights-of-way and adjacent private property. 10.80.020. Definitions. A. "Abandon(ed)" shall mean leaving any item unattended for any length of time. B. "City Manager" shall mean the City Manager of his/her designee. C. "Operator" shall mean the person or business entity licensed by the City to operate the Shared Mobility Pilot Program pursuant to this Chapter. D. "Shared Mobility Pilot Program" shall mean a pilot program establishing a licensee(s) under a license agreement to rent, use, locate, display, offer or place for rent shared mobility devices within City boundaries. E. "Shared Mobility Device" means any wheeled device, other than an automobile or motorcycle, that is accessed via an on -demand portal, whether a smartphone application, membership card, or similar method; is operated by a private entity that owns, manages, and maintains devices for shared use by members of the public; and is available to members of the public in unstaffed locations. F. "Public Area" shall mean any outdoor area, public alley, parkway, public transportation path, roadway, sidewalk, trail, paseo, pathway or street that is owned, granted by easement, operated or controlled by the City. 10.80.030. Administrative Regulations. A. The City may adopt administrative regulations to implement the provisions of this Chapter, including, but not limited to, permit application procedures and permit standards, which may include regulations relating to lawful conduct, insurance, indemnification, public safety, data sharing, data privacy, and/or the timely removal of hazards. B. No person shall fail to comply with the City's administrative regulations. Any violation of any administrative regulation issued pursuant to this Section shall constitute a violation of this Code and shall subject the violator to the penalties set forth in this Chapter. 10.80.040. Prohibited Conduct. Notwithstanding any other provision of this Code, no person shall: Page 3 of 7 Page 369 A. Display, offer or make available for rent any shared mobility device within the City, unless the person has first obtained: (1) a valid shared mobility operator permit; and (2) a business license issued in accordance with Title 5, Chapter 5.04 of this Code; and (3) insurance and indemnification naming the City as required by the shared mobility operator permit. B. Abandon a shared mobility device not authorized by this Chapter in the public right-of-way or a public area in such a way that the device is available for rent: and C. Abandon a shared mobility device in the public right-of-way or a public area in a manner that: (1) obstructs travel upon or blocks access to a public right-of- way; (2) poses an immediate public safety hazard; or (3) is otherwise prohibited by applicable laws or administrative regulations. D. Violations of this chapter shall be punishable as provided for in Title 1, Chapter 1.12 of this Code. E. This Ordinance is not intended to prohibit or limit the lawful private non- commercial use, ownership or operation of a mobility device within City limits. 10.80.050. Shared Mobility Pilot Program Operator License. A. Under this Shared Mobility Pilot Program, the City Manager or his/her designee is authorized to select one or more Operators to deploy shared mobility devices within designated City locations. B. The City Manager or his/her designee may establish the number, location, and technical requirements of the Shared Mobility Pilot Program. C. Before shared mobility devices can be deployed the Operator must execute a License Agreement in final form approved by City Council, comply with all license agreement conditions, provide evidence of insurance as required by this Chapter and license agreement and obtain a City business license. D. At any time, in the City Council's discretion, the City Council may reassess the approved Operator license agreement(s) and its terms, consistent with the approved License Agreement. 10.80.060. Share Mobility Operator Fees and Requirements. A. The City Council may establish license agreement fees and charges by resolution, which shall defray the City's costs in administering and enforcing the provisions of this Chapter; and reflect charges associated with use of public property pursuant to this Chapter. 10.80.070. Operator Indemnity and Insurance Requirements. Page 4 of 7 Page 370 To the fullest extent permitted by law, the City shall not assume any liability whatsoever with respect to having issued a Shared Mobility Pilot Program Operator license or otherwise approving the operation of any shared mobility device. As a condition to the issuance of any shared mobility operator permit, the applicant shall be required to meet all of the following conditions: A. The Operator shall, in language approved by the City Risk Manager, agree to indemnify, defend (at Operator's sole cost and expense), and hold harmless the City, and its officers, officials, employees, representatives, and agents from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the City's issuance of or decision to enter into a Shared Mobility Pilot Program Operator license agreement, the process used by the City in making its decision, any alleged violation of any Federal, State or local laws by Operator, and for any and all claims, losses, damages, injuries, liabilities or losses to any shared mobility device user or any third party, arising out of, or which are in any way related to, Operator activities and operations, including, but not limited to, under the Shared Mobility Pilot Program Operator license agreement. B. Maintain insurance coverage limits, and with conditions thereon, as determined by the City Risk Manager as necessary and appropriate, including naming City of Rancho Cucamonga as an additional insured. The Operator's insurance policy shall be endorsed to state that coverage shall not be cancelled except after thirty days' prior written notice has been given to the City. If any insurance policy issued to an Operator is cancelled for any reason, the approval license issued under this Chapter is automatically suspended and all Operator operations shall cease. In order to reinstate the license, the licensee shall provide a new certificate and policy of insurance to the City. 10.80.080. Grounds for Termination, Revocation or Suspension of Operator License. A Shared Mobility Pilot Program Operator permit may be revoked, suspended, or denied by the City Manager consistent with the terms of the license agreement approved by City Council or for violation of this Chapter. 10.80.090. Impoundment of Devices A. A shared mobility device that is displayed, offered, made available for rent, or abandoned in the public right-of-way or a public area in violation of Section 10.80.040 shall be subject to immediate impoundment by the City pursuant to the California Vehicle Code. B. The City Council may adopt impound fees by resolution, which shall reflect the City's enforcement, investigation, administration, storage and impound costs. Page 5 of 7 Page 371 C. No person shall retrieve any impounded shared mobility device except upon consultation with City staff by appointment during business hours, demonstrating proper proof of ownership of the device, and payment of applicable impound fees. 10.80.100. Enforcement A. Peace Officers, Traffic Control Officers, Parking Enforcement Officers, Community Improvement Officers, Park Rangers, Public Works Department staff members, those City officials designated by the City Manager, and any party contracted by the City to specifically impound shared mobility devices are authorized to impound any shared mobility device pursuant to the California Vehicle Code. The impound shall be subject to an impound and storage fee established by resolution of the City Council. B. Any person who violates any provision of this Chapter, shall be guilty of an infraction or a misdemeanor, which shall be punishable pursuant to Title 10, Chapter 10.12 of this Code. C. Any person who violates any provision of this Chapter, including any permit condition, shall be subject to administrative fines and administrative penalties pursuant to Title 1, Chapter 1.12 of this Code. D. Any person convicted of violating this Chapter in a criminal case or found to be in violation of this Chapter in a civil or administrative case brought by a law enforcement agency, shall be ordered to reimburse the City and other participating law enforcement agencies their full investigative costs. Section 2. CEQA. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption of this Ordinance will have a significant effect on the environment, because the addition of a regulated number of shared mobility devices, most if not all of which have historically been electric -powered, to City streets will not increase traffic or emissions. It is therefore exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061(d) of the California Code of Regulations. Section 3. Severability. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect. Section 4. Publication and Certification. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and Page 6 of 7 Page 372 circulated in the City within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code and shall certify to the adoption of this Ordinance. Section 5. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage. PASSED, APPROVED, AND ADOPTED this day of )2019. L. Dennis Michael, Mayor ATTEST: Janice C. Reynolds, City Clerk I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on , 2019, and was passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on , 2019, by the following vote: AYES: NOES: ABSENT: ABSTAINED: Page 7 of 7 Page 373 Shared Mobility in Rancho Cucamonga November 6, 2019 l Louisiana h# ' PL ►,�r Yom.= .._ -- _. IN( PIF I r r Y� ti 1 r�� CITY OF RANCHO CUCAMONGA What we've been working on... JUNE 2018: Bike/Scooter Share Research Begins nalysis of Moratorium :ollected Ordinance formation Presented for Review and Consideration NOVEMBER 2019: Ordinance to Set Pilot Program Administrative Authority Further Research to Establish Best Process for RC Pilot Program Immediate Next Steps... Organize and release a Request for Applications. Evaluate proposals and offerings. Based on evaluation determine best option for RC. Will include more specific Pilot Program parameters such as: Type of Devices • Number of Devices • Pilot Area Boundaries • Data Sharing • Safety Elements • Helmet Giveaways • Parking Locations & Strategies for Management of Curb Space Possible RC Pilot Criteria Area: Terra Vista Length: 1 Year Limit Number of Operators Restricted Fleet Size .1L' --�yd 7l'yrr¢ - - r��t7:Jx!'r11�,'��•�. _ ,_r '.4•'.141 s :iii. �' i : , l ••"r; .` •. .,.. Al ik,ll ~''''.��. ,nom ';. 4 . � � }•�y - 4j�%'�{R�{5'I-- L}.+Y,4 ~ •x1 ++��5yl�}!'*� Fib r ra 4 I. Tonight... Staff recommends conducting Ordinance 962, Repealing and 10.80 of the Municipal Code Program for Shared Mobility Specific Areas of the City. the first reading of Replacing Chapter to Establish a Pilot Devices for Use in Questi DATE: November 6, 2019 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Anne McIntosh, AICP, Planning Director Dat Tran, Assistant Planner SUBJECT: CONSIDERATION OF FIRST READING AND INTRODUCTION OF ORDINANCE NO. 961, AMENDING TITLE 17 OF THE MUNICIPAL CODE (DEVELOPMENT CODE) PERTAINING TO AN UPDATE TO THE TEMPORARY USE PERMIT REGULATIONS. THIS ITEM IS EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND THE CITY'S CEQA GUIDELINES UNDER CEQA SECTION 15061(B)(3). RECOMMENDATION: The Planning Commission recommends that the City Council conduct first reading and introduce Ordinance No. 961, approving Municipal Code Amendment DRC2018-00028, amending the regulations for temporary use permits issued by the City. BACKGROUND: Temporary use permits (TUP) are intended to allow for the short-term placement of activities on public or private properties for special or unique uses such as festivals, parades, outdoor sporting events, or for seasonal sales, with appropriate regulations so that such activities will be compatible with the surrounding areas and will have minimal impacts on any adjacent residences or businesses. Temporary use permits are issued administratively by Planning staff following review of a TUP application by various City departments. Staff presented the subject Development Code Amendment to the Planning Commission on August 14, 2019. The Amendment proposes to comprehensively update the temporary use permit regulations. Although the temporary use permit regulations have been occasionally amended, a more comprehensive update now is recommended in order to: (1) streamline the TUP process; (2) modernize the regulations to address new types of temporary uses; and (3) incorporate planning best practices as they relate to temporary uses. Following the public hearing, the Planning Commission voted in favor (4-0-1) of recommending the City Council approve Development Code Amendment DRC2018-00028. ANALYSIS: A. General: Certain activities may be appropriate for a limited period of time at specific locations but inappropriate on a permanent basis. As such, temporary use permits are a common tool used by the Planning Department to regulate specified short-term land use activities in order to avoid or mitigate adverse Page 374 effects or incompatibility with the surrounding area where these temporary activities are proposed. Events such as marathons, outdoor concerts, haunted houses, and Christmas tree lots are typical of activities befitting a temporary use permit. Temporary use permits are issued administratively, but not all temporary uses are the same, and some can require a lengthy coordinated review across multiple city departments. A marathon, for example, would require input from Planning, Public Works, Engineering, Police, Community Services, etc., whereas a seasonal sale by a retailer might only necessitate review by Planning. Currently, Section 17.16.070.0 of the Development Code requires that the Planning Department render a decision within 5 days of the receipt of a TUP application. This quick timeline often proves difficult for staff to meet, leading to frustration for both staff and the applicant. In addition to this time constraint, and in order to further improve the TUP application process, the proposed code amendment also includes provisions addressing TUP revocations and modifications, additional events which may be exempt from a TUP, revisions to exempt events, new development standards for general and specific temporary uses, as well as new definitions for temporary uses. A description of each proposed recommendation is as follows: 1. Improve Review Process: The temporary use permit regulations currently do not indicate an application submittal deadline prior to an event. As a result, TUP applications are often submitted too soon before the activity is to take place, providing staff with insufficient time to consider the application. Furthermore, a TUP application can require review from multiple departments, including Police and Fire, which involves lengthy coordination on the part of City staff. The proposed regulations would require an applicant to submit a TUP application at least 15 days prior to an event, which would allow all departments to review the application and provide any conditions of approval necessary to hold the event. 2. Add Process for TUP Revocation/Modification: A procedure for revoking a TUP is not currently included in the Municipal Code. The proposed amendment outlines the process by which the planning director can revoke or modify a temporary use permit. 3. Add New Exempt Events: Municipal Code Section 17.104.020(B) currently consists of a list of events that are automatically exempt from the temporary use permit process. New events proposed to be exempt from the temporary use permit process include: a. Bingo games conducted by an eligible organization as described in and subject to all regulations in chapter 5.08 (Bingo). b. Non -incorporated children's stands, such as a lemonade stand. c. Parades and assemblies where the size of crowd does not exceed 75 people. City sponsored parades and assemblies are also exempt. d. Private weddings, parties, or festivities conducted on private residential property that comply with all city regulations and performance standards that apply to, for example, parking, noise, and lighting, and are not part of a business or charge a rental or entrance fee. Shall include block parties involving a temporary street or lane closure provided a street closure permit has been issued by the city engineer. Staff has determined that these events do not generate impacts to the extent that a review of the temporary use is warranted. 1. Revisions to Exempt Events: Two revisions to existing exempt events under Section 17.104.020(B) are proposed. The first revision (subsection 4.a below) clarifies that exemptions of events held exclusively on city property do not extend to events occurring in the public rights-of- way. Review of proposed events on public rights-of-way is necessary to ensure that all safety and circulation requirements are met. The second revision (subsection 4.b below) revises the period of time in which a storage container or a dumpster can be stored on residential property. The time Page 375 is extended from a period of 3 days to a period of 5 days. Staff has determined that an additional 2 days provides homeowners with increased flexibility without creating additional long-term impacts on neighboring properties. a. Events held exclusively on city property (city hall, city facilities, parks, etc.), not including events held exclusively in the public right-of-way (street, sidewalk, parkway, etc.), e.g., marathons. b. Storage containers and dumpsters not associated with an approved construction project when: i. Located on residential property, and not in the public right-of-way (street, sidewalk, parkway, etc.), for a maximum period of five days. New General Development Standards: Municipal Code Section 17.104.030 (General development standards for temporary uses) currently consists of a single general requirement applying to all temporary uses. The requirement state: "Standards for height, off-street parking, setbacks, and other structure and property development standard that apply to the category of use or the zoning district of the subject parcel shall apply to all temporary activities." The proposed Amendment supplements the existing requirement with new general development standards. These standards are not tied to the specific nature of a temporary event and is required for all events. The new standards are as follows: a. Food Sales. Sales or distribution of food items are subject to the San Bernardino County Department of Public Health's review and approval. b. Alcohol Sales. Sales or distribution of alcohol are subject to Department of Alcoholic Beverage Control review and approval. c. Traffic and Circulation. Adequate provisions for traffic circulation, parking, and pedestrian safety shall be provided to the satisfaction of the planning director and the city engineer. Proof of adequate parking may be required at the discretion of the planning director. d. Business License. All vendors participating in the temporary use event are required to obtain a City of Rancho Cucamonga business license. e. Property Owners. Applicants shall provide a written authorization from the property owner allowing for the temporary use or activity to occur on-site. New Development Standards for Specific Uses: Municipal Code Section 17.104.040 (Standards for specific temporary uses) currently provides standards that apply to specific temporary uses (e.g. carnivals, Christmas tree lot). This section is recommended to be reorganized to provide more logical consistency and clarity to the reader, by combining similar types of uses into groups. The changes also include new regulations and new specific temporary use classifications, and clarify or revise existing regulations, intended to address potential impacts specific to individual temporary event type. The following summarizes the major changes to the specific temporary use development standards. a. Haunted houses. New requirements for haunted houses are proposed to clarify policies currently in place. Applicants are required to obtain all necessary permits from the city and fire district prior to construction and operation of a haunted house facility. Haunted houses in residential districts are limited to specific days (Halloween and the Saturday night preceding Halloween) and hours (before 10 pm). Residential haunted house operators are not permitted to collect an entry fee or donation, or sell merchandise, foods or drinks. Commercial operators are required to provide restroom and trash facilities, and a security plan to ensure the safety of all participants. All haunted houses are subject to the general noise requirements specified in the City's Municipal Code. b. Concerts and live outdoor entertainment. New requirements are proposed for concerts and live outdoor entertainment events. Events are limited to a period of not more than 5 days, or more than two consecutive weekends, of operation in any 180 -day period. Events must also maintain a distance from residential areas, as determined by the Planning Page 376 Director. Commercial operators are required to provide restroom and trash facilities, and a security plan to ensure the safety of all participants. All events are subject to the general noise requirements specified in the City's Municipal Code. c. Parades, assemblies, fundraisers, and parties. New temporary uses specifying large gathering events for the benefit of a government, non-profit organization, or individual is proposed to supplement existing uses. The new temporary uses are subject to the general noise requirements specified in the City's Municipal Code. Parades and assemblies with over 75 people are subject to additional requirements under Municipal Code Section 8.44 (Parades and Assemblies), such as maintenance of traffic and pedestrian circulation. d. Temporary entertainment events. A new type of temporary use is proposed to allow for entertainment events in connection with a business. These are intended to provide businesses with the ability to host occasional entertainment events, without the need of an Entertainment Permit. Temporary entertainment events are limited to 12 days per calendar years, whereas an Entertainment Permit has no specified limitation on the number of days. Temporary entertainment events are also subject to noise requirements and must submit a security plan similar to other entertainment uses. Events that negatively impact the public and/or neighborhood such as through noise or traffic impacts may be denied subsequent temporary entertainment permits. e. Master temporary use permits. A proposed master temporary use permit is designed to combine individual events into a single temporary use permit. All events must occur within a calendar year, and the event dates and times must be specified at the time of the master temporary use permit submittal. Event occurrences under a master temporary use permit shall be identical in operating characteristics. In the event where the operating characteristics are in question, the planning director makes the final determination. The intent of the master temporary use permit is to streamline the permitting process. The permit process allows for property owners and vendors to host events multiple times in a year without having to reapply for individual event permits. 1. New Definitions for Temporary Uses: New definitions for temporary uses are proposed for Municipal Code Section 17.126.020 (Universal Definitions). The intent of these new definitions is to provide clarity as to how to classify certain uses and when to apply the specific temporary development standards under Municipal Code Section 17.104.040 (Development standards for specific temporary uses). B. Planning Commission (August 14. 2019): Staff presented the proposed Development Code Amendment to the Planning Commission on August 14, 2019. During the public meeting, a minor modification was made to the Amendment based on public comments. Mr. Kevin Kenley provided public comments during the public commenting period. He requested a minor change of language regarding the timing of permit approvals for haunted houses under Section 17.104.040.B.1 - Development standards for specific temporary use. The revised wording specifies that construction and use permits are required prior to construction of a haunted house, and operations permits are required prior to commencement of the haunted house activity. The revision enhances the clarity of the permit requirement, by specifying when each permit type is required. The draft ordinance has been updated to reflect the new revised wording. Mr. Kenley also requested that fees for residential haunted house permits be waived. Staff stated at the meeting that only the City Council can modify or wave fees. In addition to public comments, staff also submitted one additional change to the Amendment. Staff requested the Planning Commission recommend approval of the proposed Amendment without Page 377 Section 17.104.040.K - Temporary or mobile food facility (e.g., food trucks). A separate amendment to address mobile food facility will be forwarded to the City Council for consideration in the future. C. Environmental Assessment: The Planning Department staff has determined that this Amendment is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the general rule that CEQA applies only to projects which have the potential for causing significant effects on the environment. Pursuant to State CEQA Guidelines Section 15061(b)(3), where it can be seen with certainty that there is no possibility that the activity in question may have significant effect on the environment, the activity is not subject to CEQA. The Amendment does not propose any physical change to the environment itself. Furthermore, the Amendment pertains to a ministerial action — issuance of a temporary use permit — which is statutorily exempt from CEQA and which relates to uses that are by their very nature short in duration and without permanent change to the land. Based on this evidence and all of the evidence in the record, the City Council concurs with the Planning Department staff's determination that the Amendment will not have a significant effect on the environment and is therefore exempt from further environmental review under CEQA. FISCAL IMPACT: The TUP amendment is intended to improve how temporary use permits are processed and may result in more efficient usage of staff time. Providing clarity to certain temporary uses simplifies the process of obtaining the temporary use permit, which in turn may increase the number of events held in the City and the number of outside visitors coming to the City. COUNCIL GOAL(S) ADDRESSED: The proposed amendment does not specifically address a council goal; however, an update to the temporary use permit regulations to help streamline the application process and better address the typical types of temporary uses will assist in promoting Rancho Cucamonga as the premier community within the region. ATTACHMENTS: Description Attachment 1 — Ordinance Attachment 2 — Planning Commission Staff Report (August 14, 2019) Attachment 4 — Planning Commission Meeting Minutes (August 14, 2019) Attachment 3 — Planning Commission Resolution 19-48 (August 14, 2019) Page 378 ORDINANCE NO. XXX AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, AMENDING TITLE 17 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO AN UPDATE TO THE TEMPORARY USE PERMIT REGULATIONS Recitals. A. The City of Rancho Cucamonga has prepared Municipal Code Amendment DRC2018-00028, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Municipal Code Amendment is referred to as the "Amendment". B. A Temporary Use Permit ("TUP") allows for the temporary utilization of a property for a special, unique, or limited duration use such as a festival, parade, outdoor sporting event, or for seasonal sales. C. On August 14, 2019, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing with respect to the Amendment and, following the conclusion thereof, adopted Resolution No. 19-48, recommending that the City Council of the City of Rancho Cucamonga adopt this Amendment. D. On November 6, 2019, the City Council of the City of Rancho Cucamonga conducted a noticed public hearing on the Amendment and concluded said hearing on that date. E. All legal prerequisites prior to the adoption of this Ordinance have occurred. II. Findings. A. Based upon all of the evidence presented to the City Council during the above - referenced public hearing, this City Council hereby finds and concludes that the changes proposed to Title 17 (Development Code) of the Rancho Cucamonga Municipal Code by this Amendment are consistent with the General Plan goals, policies, and implementation programs. General Plan Community Services Policy CS -2.3 is "aimed at continuing to promote and develop special events that enrich the lives, celebrate and honor diversity, and bring all residents together in Rancho Cucamonga." Temporary use permits provide a simple way to regulate short-term activities and special events that can bring residents together and often create an enhanced quality of life and promote economic development. The amendment to the TUP regulations will broaden the types of activities subject to a temporary use permit, clarify the standards applied to temporary uses, and generally make the administration of temporary uses easier thereby facilitating such events/uses as sales and grand openings, art shows, charity events, carnivals, food trucks, pop-up restaurants or crafts shops, produce stands, Christmas tree stands, fireworks stands, and car shows, etc. General Plan Land Use Policy LU -1.1 states, "Protect neighborhoods from the encroachment of incompatible activities or land uses that may have a negative impact on the residential living environment." Temporary use permits are intended to allow community events and activities for limited time periods in locations where the uses may not otherwise be allowed in the applicable zone. Economic Development Policy ED -2.3 states, "Expand recreation and cultural attractions to enhance tourism/visitor potential and to boost sales and transient occupancy tax." The revised TUP regulations provide greater clarity on the requirements for temporary uses that could be regionally significant (e.g., concerts, outdoor sporting events) and which could draw visitors from beyond the City. Public Health and Safety Policy PS -13.4 states, Ordinance No. XXX — Page 1 of 17 Page 379 "Require that acceptable noise levels are maintained near residences, schools, health care facilities, religious institutions, and other noise sensitive uses in accordance with the Development Code and noise standards contained in the General Plan." A common development standard for temporary uses has been added to the TUP regulations calling for the provision of noise attenuation measures to the satisfaction of the planning director. B. The Planning Department staff has determined that this Amendment is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the general rule that CEQA applies only to projects which have the potential for causing significant effects on the environment. Pursuant to State CEQA Guidelines Section 15061(b)(3), where it can be seen with certainty that there is no possibility that the activity in question may have significant effect on the environment, the activity is not subject to CEQA. The Amendment does not propose any physical change to the environment itself. Furthermore, the Amendment pertains to a ministerial action – issuance of a temporary use permit – which is statutorily exempt from CEQA and which relates to uses that are by their very nature short in duration and without permanent change to the land. Based on this evidence and all of the evidence in the record, the City Council concurs with the Planning Department staff's determination that the Amendment will not have a significant effect on the environment and is therefore exempt from further environmental review under CEQA. III. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1. Section 17.16.070 (Temporary use permit) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code is hereby amended as follows: "A. Purpose. Temporary use permits provide a process for administrative review for short-term activities that may not meet the normal development or use standards of the applicable zoning district, but may be acceptable because of their temporary nature. The intent of these regulations is to ensure that the temporary use does not adversely impact the long-term uses of the same or neighboring sites, or impact the general health, safety, and welfare of persons residing within the community. B. Applicability. A temporary use permit shall be required prior to the establishment of those uses specified in section 17.104.020 (Temporary Uses—Permit Requirements and Exemptions). C. Review process. Applications shall be submitted along with required materials and any application fee as established by city council resolution a minimum of 15 days prior to the event. The planning department and other departments as necessary shall review the request and render a decision. The decision shall clearly state, in writing, any conditions of approval or reasons for denial. Temporary use permits will be reviewed for compliance with development standards related to those activities provided in chapter 17.104 (Temporary Uses). D. Findings. The planning director shall approve, or approve with conditions, an application for a temporary use permit after finding all of the following. If the director does not make all of these findings, he or she shall deny the temporary use permit: The establishment, maintenance, or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Ordinance No. XXX – Page 2 of 17 Page 380 2. The use, as described and conditionally approved, will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city. 3. Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this zoning code. E. Conditions. In approving a temporary use permit, the director may impose such conditions as are needed to ensure that the required findings can be made. Such conditions may include but shall not be limited to the following: 1. Measure to minimize impact on adjacent uses, such as buffers, hours of operation, lighting requirements, and/or parking measures. 2. Property maintenance requirements to ensure that each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use. 3. Appropriate performance guarantees/security may be required before initiation of the use to ensure proper cleanup after the use is finished. 4. Other conditions of approval deemed reasonable and necessary to ensure that the approval would be in compliance with the findings above. (Code 1980, § 17.16.070; Ord. No. 855 § 4, 2012) F. Revocation. A temporary use permit may be revoked or modified by the director based on any of the following grounds: 1. The permit was obtained by misrepresentation or fraud. 2. The conditions of approval for the permit have not been met, or the permit is not being exercised. 3. The use for which the permit was granted is being or is permitted to be or operates in violation of any statute, ordinance, law, or regulation. 4. The permit is being exercised in a way that is detrimental to the public health, safety, or welfare or constitutes a nuisance." SECTION 2. Section 17.60.020(D) (under Permit requirements, exemptions, and liabilities) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code is hereby amended as follows: D. Temporary outdoor storage. Temporary outdoor storage shall require the issuance of a temporary use permit pursuant to and consistent with the requirements of section 17.16.070 (Temporary Use Permit). The uses and activities listed below shall be exempt from the requirement for a temporary use permit. 1. Storage of construction materials and equipment as part of an active construction site, provided a valid building permit or improvement permit is in effect and the materials and equipment are stored on the construction site pursuant to approved permit(s). Ordinance No. XXX — Page 3 of 17 Page 381 2. Emergency public health and safety facilities established by a public agency. 3. Storage containers not associated with an approved construction project when: a. Located on residential property, and not in the public right-of-way (street, sidewalk, parkway, etc.), for a maximum period of five days. b. Located on nonresidential property for any length of time and provided they are screened from public view. SECTION 3. Chapter 17.104 (Temporary Uses) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code is hereby amended as follows: 17.104.010 Purpose. The purpose of this chapter is to establish development standards for temporary activities and land uses to ensure the overall health, safety, and general welfare of the community is maintained. (Code 1980, § 17.104.010; Ord. No. 855 § 4, 2012) 17.104.020 Permit requirements and exemptions. Uses of property (including land, buildings, and structures) and activities that are temporary in nature shall comply with the permit requirements described below. The process for application for and review and issuance of a temporary use permit shall be as described in section 17.16.070 (Temporary Use Permit). A. Temporary use permit required. The following temporary activities and uses may be allowed, subject to the issuance of a temporary use permit prior to the commencement of the activity or use and subject to the requirements within this chapter. 1. Festivals and other special events. This use class consists of the temporary operation of a commercial event for entertainment, including: a. Carnivals, circuses, rodeos, fairs, and festivals. b. Haunted houses. c. Concerts and live outdoor entertainment. d. Certified farmers' markets, as defined in section 17.126.020 (Universal definitions). e. Swap meets, flea markets, art, cultural, and educational exhibits and displays. f. Parades, assemblies, fundraisers, and parties. g. Outdoor sporting events, marathons, mobile, and non -stationary activities. h. Other similar events designed to attract large crowds, and which are held on private or public property. 2. Seasonal sales. This use class consists of seasonal operation of a sales activity (e.g., Halloween, Christmas) on non-residential properties, including: a. Seasonal sale of agricultural products raised on premises. Ordinance No. XXX — Page 4 of 17 Page 382 b. Christmas tree, pumpkin, and other holiday -themed product sales lots. c. Other similar seasonal sales activities designed to attract large crowds, and which are held on private or public property. 3. Uses related to a business. This use class consists of any event, promotion, or sale sponsored by a business or organization that is held outside the confines of the building on private or public property, including: a. Parking lot, sidewalk, or other outdoor promotional sale of merchandise. b. Temporary or mobile food facility (e.g., food trucks). c. Temporary entertainment events. 4. Temporary uses concurrent with a construction project or change of use on-site. This use class consists of uses that are required for the duration of a construction project, including: a. Temporary office modules (for tenant operations). b. Temporary construction yards, storage, and staging areas (off-site). c. Temporary sales office (on-site and off-site). d. Temporary living quarters on active construction sites. 5. Master temporary use permits for events occurring on more than one occasion. 6. Other temporary activities that the planning director determines are similar in nature and intensity to those identified above. B. Temporary uses exempt from permit requirements. The following temporary activities and uses are allowed by right and expressly exempt from the requirement of first obtaining a temporary use permit, provided they conform applicable development standards. Uses that fall outside of the categories defined shall be required to obtain a temporary use permit. 1. Bingo games conducted by an eligible organization as described in and subject to all regulations in chapter 5.08 (Bingo). 2. Car washes of a temporary nature (e.g., school fundraisers). 3. Construction yards, storage sheds, and construction offices (on-site) in conjunction with an approved construction project where the yard and/or shed are located on the same site as the approved project. 4. Emergency public health and safety facilities established by a public agency. 5. Entertainment and assembly events held within auditoriums, stadiums, or other public assembly facilities, provided the proposed use is consistent with the intended use of the facility. 6. Entertainment and assembly events as part of an allowed permanent use (e.g., gathering at an assembly use). Ordinance No. XXX — Page 5 of 17 Page 383 7. Events held exclusively on city property (city hall, city facilities, parks, etc.), not including events held exclusively in the public right-of-way (street, sidewalk, parkway, etc.), e.g., marathons. 8. Events held exclusively on school grounds and which are in conjunction with a public school use. 9. Garage and yard sales held on private property and when occurring no more than four days per calendar year. 10. Non -incorporated children's stands, such as a lemonade stand. 11. Parades and assemblies where the size of crowd does not exceed 75 people. City sponsored parades and assemblies are also exempt. 12. Private weddings, parties, or festivities conducted on private residential property that comply with all city regulations and performance standards that apply to, for example, parking, noise, and lighting, and are not part of a business or charge a rental or entrance fee. Shall include block parties involving a temporary street or lane closure provided a street closure permit has been issued by the city engineer. 13. Storage containers and dumpsters not associated with an approved construction project when: a. Located on residential property, and not in the public right-of-way (street, sidewalk, parkway, etc.), for a maximum period of five days. b. Located on nonresidential property for any length of time and provided they are screened from public view. 14. Temporary land uses in a zoning district that allows that land use by right on a permanent basis. (Code 1980, § 17.104.020; Ord. No. 855 § 4, 2012) 17.104.030 General development standards for temporary uses. Standards for height, off-street parking, setbacks, and other structure and property development standards that apply to the category of use or the zoning district of the subject parcel shall apply to all temporary activities occurring on it. (Code 1980, § 17.104.030; Ord. No. 855 § 4, 2012). The following requirements shall also apply to all temporary activities: 1. Standards for height, off-street parking, setbacks, and other structure and property development standard that apply to the category of use or the zoning district of the subject parcel shall apply to all temporary activities. 2. Sales or distribution of food items to the general public are subject to San Bernardino County Department of Public Health review and approvals. 3. Sales or distribution of alcohol to the general public are subject to Department of Alcoholic Beverage Control (ABC) review and approvals. 4. Adequate provisions for traffic circulation, parking, and pedestrian safety shall be provided to the satisfaction of the planning director and the city engineer. Proof of adequate parking may be required at the discretion of the planning director. Ordinance No. XXX — Page 6 of 17 Page 384 5. All participating vendors shall obtain a City of Rancho Cucamonga business license. 6. Applicants shall provide a written authorization from the property owner allowing for the temporary use or activity to occur on-site. 17.104.040 Development standards for specific temporary uses. The following standards shall apply to the specific temporary uses described below: A. Temporary use permit required. 1. Carnivals, circuses, rodeos, fairs, and festivals. a. All such uses shall be limited to not more than 15 days, or more than three consecutive weekends, of operation in any 180 -day period. To exceed this time limitation shall require the review and approval of a conditional use permit. b. All such activities shall have a minimum setback of 100 feet from any residential use as measured from the property line. This requirement may be waived by the planning director if no adverse impacts, including but not limited to noise, traffic, odor, glare, and/or trash would result. c. Restrooms and trash facilities shall be made available during the operational hours of the event. d. A security plan shall be provided to ensure the event will not present a hazard to attendees and residents in proximity to the event. e. Noise attenuation shall be provided to the satisfaction of the planning director. 2. Haunted houses. a. The operator shall obtain all necessary construction and use permits from the city and fire district prior to commencing the construction of a haunted house facility and shall obtain an operating permit from the fire district prior to commencing operations or opening to the public. b. Haunted houses located in residential districts shall be limited to the day of Halloween (October 311t) and the Saturday night during the week preceding Halloween. All haunted house activities shall cease after 10:00 P.M. c. Haunted houses located in residential districts shall not impose fees, collect donations, or require any incentives as condition for entry into the haunted house. Sales of merchandise, food or drinks is prohibited during the operation of a haunted house. d. Commercial haunted houses shall provide restroom and trash facilities during the operational hours of the event. Ordinance No. XXX — Page 7 of 17 Page 385 e. Commercial haunted houses shall provide a security plan to ensure the event will not present a hazard to attendees and residents in proximity to the event. f. Noise attenuation shall be provided to the satisfaction of the planning director. 3. Concerts and live outdoor entertainment. a. All such uses shall be limited to not more than 5 days, or more than two consecutive weekends, of operation in any 180 -day period. To exceed this time limitation shall require the review and approval of a conditional use permit. b. All such activities shall have a minimum distance from any residential area. This requirement will be determined by the planning director on a site -by -site basis. c. Restroom and trash facilities shall be made available during the operational hours of the event. d. A security plan shall be provided to ensure the event shall not present a hazard to attendees and residents in proximity to the event. e. Noise attenuation shall be provided to the satisfaction of the planning director. 4. Certified farmers' markets. a. Such use is allowed only in the Neighborhood Commercial (NC) and General Commercial (GC) zoning districts. Such use may be permitted in the Very Low Residential (VL) and Low Residential (L) zoning districts if owned by a government agency or nonprofit entity. b. Such use shall be limited to not more than 110 days in a calendar year. To exceed this time limitation shall require the review and approval of a minor development review as prescribed in section 17.06.020 (Universal definitions). c. All activities shall have a minimum setback of 100 feet from any residential area. This requirement may be waived by the planning director if in his/her opinion no adverse impact would result. d. Seventy-five percent of the total farmers market sales area must be for the sale of farm products such as fruits, vegetables, nuts, herbs, eggs, honey, livestock food products (meat, milk, cheese, etc.), or flowers and value-added farm products such as baked goods, jams, and jellies. The sale of ancillary products may occur but may not exceed 25 percent of the total sales area. Ordinance No. XXX — Page 8 of 17 Page 386 e. Farmers' markets shall be certified and comply with the requirement of chapter 10.5, Direct Marketing Requirements, of Division 17 of the Food and Agriculture Code. f. All farmers' markets shall have a market manager authorized to direct the operations of all vendors participating in the market on site during hours of operation. g. Farmers' market managers shall obtain and have on site all operating and health permits during hours of operation. h. Operating rules, hours of operation, and maintenance and security requirements shall be submitted for review to the satisfaction of the planning director. i. Farmers markets shall provide for composting, recycling, and waste removal in accordance with all applicable city codes. 5. Swap meets, flea markets, art, cultural, and educational exhibits and displays. a. All such uses shall not exceed 30 days of operation or exhibition per calendar year. Swap meets may be allowed additional days of operation at the discretion of the planning director. b. The hours of operations for a swap meet and/or flea market shall be limited to between the hours of 7:00 a.m. to 6:00 p.m. c. The operator of a swap meet and/or flea market shall post the local regulations relative to swap meets in a conspicuous place on the premises where the swap meet is conducted. d. The owner or operator of the swap meet and/or flea market shall maintain a record of all sellers at the swap meet on each date the swap meet was open for business and shall provide the list on record for inspection upon demand by the city business license officer. e. The sale of automobiles or automobile parts is prohibited. 6. Parades, assemblies, fundraisers, and parties. a. Noise levels shall not exceed the established noise standards for the underlying noise zone per section 17.66 (Performance Standards). b. All proceeds derived from a fundraiser event from the sales of any food, drinks or merchandise shall be for the benefit of a government, non-profit organization, or individual. c. Parades and assemblies, over 75 people, are specific event types subject to the city's standards for such uses established in chapter 8.44. 7. Outdoor sporting events, marathons, mobile, and non -stationary activities. Ordinance No. XXX — Page 9 of 17 Page 387 a. Restroom and trash facilities shall be made available during the operational hours of the event. b. A security plan shall be provided to ensure the event shall not present a hazard to attendees and residents in proximity to the event. B. Seasonal Sales 1. Seasonal sale of agricultural products raised on premises. a. Sales are limited to periods of 90 days in a calendar year and when parking and access is provided to the satisfaction of the planning director. b. Sales of non-agricultural and/or non -cottage food products are prohibited. Sales of cottage food shall comply with all applicable licensing and permitting requirements per the San Bernardino County Department of Public Health. c. A minimum of ten off-street parking spaces shall be provided with provisions for controlled ingress and egress. All parking spaces shall be consistent with the city's parking standards in chapter 17.64. d. The hours of operations shall be limited to between the hours of 7:00 a.m. to 6:00 p.m. 2. Christmas tree, pumpkin, and other holiday -themed product sales lots. a. All such uses shall be limited to 30 days of operation per calendar year. b. All lighting shall be directed away from and shielded from adjacent residential areas. c. All activities not involving the sale of holiday -related products are subject to review by the planning director. In the event where the nature of the holiday -related product is contested, the planning director shall have the final determination. C. Uses related to a business. 1. Parking lot, sidewalk, or other outdoor promotional sale of merchandise. a. Parking lot and sidewalk sales may be permitted on private property in the commercial/retail areas of the city, including retail/wholesale businesses located in industrial areas, in connection with current on-site businesses. b. Each sale is limited to a maximum of 19 days per calendar year, unless authorized by a conditional use permit. c. No sale for any single business or any other businesses located on the same lot or parcel, or within a shopping center, shall be permitted within 30 days of another sale. Ordinance No. XXX — Page 10 of 17 Page 388 d. The activity shall not present a hazard to pedestrians or encroach on a required building exit or emergency vehicle/fire access lanes. e. Safe vehicle ingress and egress shall be provided at all times. f. Adequate parking shall be provided and maintained during the course of the activity for both the business of the applicant and all other businesses on the same lot or parcel or within the same shopping center. 2. Temporary entertainment events. a. All temporary entertainments events shall be limited to a maximum of 3 contiguous calendar days per year, and such events shall be limited to a total of 12 days per calendar year, on the same property. b. The applicant for each entertainment event must obtain the written authorization of the property owner where the event is being held. c. Noise levels shall not exceed the established noise standards for the underlying noise zone per Section 17.66 (Performance Standards). d. A security plan shall be provided to ensure the event shall not present a hazard to attendees and residents in proximity to the event. e. Events that negatively impact the public and/or neighborhood such as through noise or traffic impacts may be denied subsequent temporary entertainment permits. f. Entertainment uses as defined in section 17.20.020(C) (Entertainment permit, Exceptions) shall also be exempt from the requirements of this section. 3. Temporary office modules. a. A temporary office module may be approved for a limited time period not exceeding 6 months. Extensions may be granted at the discretion of the planning director. Temporary office modules submitted in conjunction with a master plan for development of permanent buildings may initially be approved for a longer period at the discretion of the planning director. b. All temporary office modules shall be removed upon completion of the construction permit for which this use has been approved, or the expiration of the time for which the approval has been granted. c. The design of the office modules shall have a look of permanence. This shall include such actions as screening temporary foundations, screening utility equipment, and using overhangs, walkways, and stepped roofs to mitigate the temporary appearance. d. The approval of temporary office modules may require necessary street improvements, grading, drainage facilities, and landscaping. Ordinance No. XXX — Page 11 of 17 Page 389 e. Temporary office modules shall comply with all applicable fire and building codes. f. A statement from the owner of the property indicating that the temporary office module shall be removed at the end of the designated period shall be provided. The statement shall include an acknowledgement that failure to remove the office module or failure to apply for an extension by the expiration date will result in a halt to further construction or inspection activity on the project site, and enforcement action to ensure restoration of any structures. 4. Temporary construction yards, storage and staging areas (off-site). a. All construction yards, staging areas, and storage shall be maintained in conjunction with construction activities. All equipment and storage shall be removed upon final inspection approval or occupancy for which a permanent use has been approved, or the expiration of the time for which the approval has been granted. b. Failure to remove all construction yards, staging areas, and storage by the expiration date will result in a halt in further construction or inspection activity on the project site, and enforcement action to ensure restoration of any structures. 5. Temporary sales office. a. Sales offices may be located inside a dwelling unit of a new subdivision or within a trailer, modular or similar temporary structure located within a recently recorded tract. If the sales office is not located within the subdivision, the sales office shall be located in a model home or other permanent structures. b. Approval shall be for a two-year period, at which time the sales office use shall be terminated, and the dwelling unit restored back to its original condition. If the sales office is in a trailer, the trailer shall be removed. Extensions may be granted at the discretion of the planning director. c. A cash deposit, letter of credit, or any security determined satisfactory to the city shall be submitted to the city, in an amount to be set by city council resolution, to ensure the restoration or removal of the structure. d. Failure to terminate sales office and restore structure or failure to apply for an extension on or before the expiration date will result in forfeiture of the cash deposit, a halt in further construction or inspection activity on the project site, and enforcement action to ensure restoration of structure. e. The hours of operation of an off-site sales office shall be limited to between the hours of 10:00 a.m. to 6:00 p.m. Ordinance No. XXX — Page 12 of 17 Page 390 f. All model home lots shall be fully landscaped including, but not limited to, a permanent, underground irrigation system, specimen size trees, and the use of shrubbery, ground cover, and lawn in combination to produce a pleasing and aesthetic environment compatible with the surrounding established neighborhood. g. The individual elements of the model homes sales office (e.g., lighting, signing, fencing, hours of operation) should be designed in a collective, coordinated manner to ensure a safe, secure, and aesthetic environment, sensitive to and compatible with the surrounding development. h. All fences proposed in conjunction with the model homes and sales office shall be located outside of the public right-of-way, except where approved by the planning director for security. i. Flags, pennants, or other on-site advertising shall be regulated pursuant to the sign regulations. A sign permit application shall be submitted for review by the planning department prior to installation. f Street improvements and temporary parking at a rate of two spaces per model shall be completed to the satisfaction of the planning director prior to commencement of sales activities or the display of model homes. All temporary parking spaces shall be off-street. k. On -street parking may be permitted subject to the following conditions: 1. The model homes, sales office, and on -street parking shall be secured with a decorative fence and gate across the street that is kept locked during non-operating business hours. 2. The sales office, models, and on -street parking spaces has been coordinated with construction phasing such that there are no resident homeowners living in homes located adjacent to the gated, secured area of the street. 1. An area for overflow parking shall be provided off-street to the satisfaction of the planning director. Said parking area shall be located adjacent to the model home sales office, outside secured area, appropriately signed, and provided with a drive approach constructed to city standards. m. Temporary landscaping, including minimum 36 -inch box trees, shall be provided within the on -street parking area (cul-de-sac). Temporary landscaping shall also be provided within a planter area surrounding the overflow parking area. 6. Temporary living quarters on active construction sites. Ordinance No. XXX — Page 13 of 17 Page 391 a. The planning director may approve a temporary living quarters for security personnel or temporary residence of the subject property owner in conjunction with a development project. b. Installation of a temporary living quarter may occur only after a valid building permit has been issued. c. Temporary living quarters shall not exceed a maximum gross square footage of 650 square feet in size (tongue not included). d. The temporary living quarter must meet all requirements and regulations of the San Bernardino County Department of Public Health and the city building and safety department. e. Any permit issued pursuant to this section in conjunction with a construction project shall become invalid upon cancellation or completion of the building permit for which this use has been approved, or the expiration of the time for which the approval has been granted. At that time, trailers shall be removed from the site. (Code 1980, § 17.104.040; Ord. No. 855 § 4, 2012; Ord. No. 860 § 4, 2013; Ord. No. 867, 2014; Ord. No. 879 § 4, 2015) f. A cash deposit, letter of credit, or any security determined satisfactory to the city shall be submitted to the city, in an amount to be set by city council resolution, to ensure removal of the structure temporary living quarter. g. Failure to terminate the temporary living quarter or failure to apply for an extension on or before the expiration date will result in forfeiture of the cash deposit and enforcement action to ensure removal of the temporary living quarter. D. Master Temporary Use Permits. 1. Individual events requiring a temporary use permit and occurring multiple times in a calendar year may be authorized to combine all permits under a master temporary use permit. 2. All events are subjects to specific requirements associated with their event class as established in section 17.104.040 (Development standards for specific temporary uses). 3. The master temporary use permit shall be active for a twelve (12) month period from the date of permit issuance. 4. A plan specifying the specific days and times in which the activity will take place shall be submitted with the application. Additional permits may be required for activities falling outside of the times specified. Ordinance No. XXX — Page 14 of 17 Page 392 5. Event occurrences under a master temporary use permit shall be identical in operating characteristics. In the event where the operating characteristics are in question, the planning director shall have the final determination. SECTION 4. Section 17.126.020 (Universal definitions) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code is hereby amended to add the following definitions in alphabetical order: Car show means an event where automobile, motorcycle, or any other form of motorized transportation is displayed. Arrangement, negotiation, or direct sales of vehicles are prohibited. Carnival means an event consisting of amusements which include, but are not limited to merry- go-rounds, Ferris wheels, or other similar mechanical apparatus or rides; menageries; trained animal acts, circuses, animal rides, petting zoos, or similar animal exhibitions; acrobatic shows or other physical feats or demonstrations; sideshows, games or tests of strength, skill or other capacity; and public eating places for which a fee or payment may be charged for entry into the location, viewing of any such entertainment or amusement, participation in any of its activities, or purchase of food, drink or merchandise. Circus. See Carnival. Concert. See Outdoor entertainment, live. Entertainment event, temporary means any activity which is designed to entertain guests, which includes, but is not limited to live entertainment, performances, exhibitions, including the purchase of food, drink or merchandise, and which is of limited duration or occasional during a calendar year. Fair. See Carnival. Festival means an organized series of events consisting of amusements which include, but are not limited to live and prerecorded entertainment, performances, exhibitions, competitions, visual displays, and/or purchase of food, drink or merchandise. Food facility, temporary means a food facility that operates at a fixed location for the duration of an approved community event and only as a part of the community event. Food facility, mobile means a kitchen within a licensed and operable motor vehicle or trailer whose method of operation is temporary and may be transient or in a static location and involves the preparation and sale of food and/or nonalcoholic beverages in a ready -to -consume state for consumption either on or off the premises, but not within the motor vehicle and/or trailer. Food truck. See Food facility, mobile. Fundraiser means an event held to solicit or generate financial support for a governmental or non- profit organization, or an individual. Ordinance No. XXX — Page 15 of 17 Page 393 Haunted house means a temporary use where the primary activity occurs in a facility or structure defined as a "Special Amusement Building" by the California Fire Code. Outdoor entertainment, live means performances presented by performers, which include, but are not limited to theatre performances, musical theatre, opera, dance and/or music. Rodeo means an exhibition or contest event which includes, but is not limited to riding of broncos, calf roping, and wrestling of steers. Sporting event, outdoor means an activity, exhibition or contest of physical exertion and skill conducted outside of an enclosed building, field, park or stadium. SECTION 5. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason be held 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 6. 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 7. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED this day of 2019. Dennis Michael Mayor I, JANICE REYNOLDS, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 2019, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 2019, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: Ordinance No. XXX — Page 16 of 17 Page 394 ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ATTEST: City Clerk Ordinance No. XXX — Page 17 of 17 Page 395 STAFF REPORT DATE: August 14, 2019 TO: Chairman and Members of the Planning Commission FROM: Elisa Cox, Deputy City Manager/Interim Planning Director INITIATED BY: Dat Tran, Assistant Planner Perry Banner, Contract Planner SUBJECT: MUNICIPAL CODE AMENDMENT DRC2018-00028 — CITY OF RANCHO CUCAMONGA — A request to amend Title 17 of the Municipal Code (Development Code) pertaining to an update to the temporary use permit regulations. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA guidelines under CEQA Section 15061(b)(3). This item will be forwarded to the City Council for final action. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution recommending that the City Council approve Municipal Code Amendment DRC2018-00028, amending the regulations for temporary use permits issued by the City. BACKGROUND: Temporary use permits (TUP) are intended to allow for the short-term placement of activities on public or private properties for special or unique uses such as festivals, parades, outdoor sporting events, or for seasonal sales, with appropriate regulations so that such activities will be compatible with the surrounding areas and will have minimal impacts on any adjacent residences or businesses. Temporary use permits are issued administratively by Planning staff following review of a TUP application by various City departments. Although the temporary use permit regulations have been amended from time to time, a more comprehensive update is required to (1) streamline the way that TUPs are processed, (2) modernize the regulations to address new types of temporary uses, and (3) incorporate planning best practices as they relate to temporary uses. ANALYSIS: Certain activities may be appropriate for a limited period of time at specific locations but inappropriate on a permanent basis. As such, temporary use permits are a common tool used by cities and counties to provide a mechanism to regulate specified short-term land use activities to avoid or mitigate adverse effects or incompatibility with the surrounding area where these temporary activities are proposed. Events such as marathons, outdoor concerts, haunted houses, and Christmas tree lots are typical of activities befitting a temporary use permit. Page 396 PLANNING COMMISSION STAFF REPORT DRC2018-00028 — CITY OF RANCHO CUCAMONGA August 14, 2019 Page 2 Temporary use permits are issued administratively, but not all temporary uses are the same and some can require a very coordinated review. A marathon, for example, would require input from Planning, Public Works, Engineering, Police, Community Services, etc., whereas a seasonal sale by a retailer might only necessitate review by Planning. However, the process for review of a TUP states that the Planning Department will render a decision within 5 days. In order to allow for sufficient time for all departments to review a proposed use, a longer review period and a deadline for submission of a TUP application is advisable. Therefore, staff is recommending a comprehensive update to the temporary use permit regulations to reflect new types of temporary activities and to improve the processing of TUP applications for both applicants and staff. A summary of the proposed recommendations is as follows: Review Process: The temporary use permit regulations currently do not indicate an application submittal deadline prior to an event. As a result, TUP applications are often submitted a day or two before the activity is to take place, providing staff with little time to consider the application. Furthermore, a TUP application can require review from multiple departments, including Police and Fire, which involves coordination on the part of City staff. The proposed regulations would require an applicant to submit a TUP application 15 calendar days prior to an event, which would allow all departments to review the temporary activity and provide any conditions of approval necessary to hold the event with minimal impacts. 2. Revocation: A procedure for revoking a TUP is not currently included in the Municipal Code. The amendment outlines the process by which the planning director can revoke or modify a temporary use permit. 3. Expanded Exempt Events: Section 17.104.020(8) define certain events exempt from the temporary use permit process, which are generally low intensity events that do not generate impacts to the extent that necessitates a permit. The list of exempt events has been expanded to include the following: a. Bingo games conducted by an eligible organization as described in and subject to all regulations in chapter 5.08 (Bingo). b. Non -incorporated children's stands, such as a lemonade stand. c. Parades and assemblies where the size of crowd does not exceed 75 people. City sponsored parades and assemblies are also exempt. d. Private weddings, parties, or festivities conducted on private residential property that comply with all city regulations and performance standards that apply to, for example, parking, noise, and lighting, and are not part of a business or charge a rental or entrance fee. Shall include block parties involving a temporary street or lane closure provided a street closure permit has been issued by the City Engineer. Page 397 PLANNING COMMISSION STAFF REPORT DRC2018-00028 — CITY OF RANCHO CUCAMONGA August 14, 2019 Page 3 4. Revisions to Exempt Events: Two revisions to existing exempt events under Section 17.104.020(8) are proposed. The first revision clarifies that exemptions of events held exclusively on city property do not extend to events occurring in the public rights-of-way. Review of proposed events on public rights-of-way is necessary to ensure that all traffic, safety and circulation requirements are met. The second revision revises the period of time in which a storage container or a dumpster can be stored on residential property. The time is extended from a period of 3 days to a period of 5 days. Permitting an additional 2 days provides homeowners with increased flexibility without creating additional long-term impacts on neighboring properties. 5. General Development Standards: Section 17.104.030 currently consists of a single broad development standard requirement applying to all temporary uses to comply with height, off street parking, setbacks and other structure and property development standards. Staff proposes adding additional development standards for compliance with other City departments and local agencies. The new standards are as follows: a. Food Sales. Sales or distribution of food items are subject to the San Bernardino County Department of Public Health's review and approval. b. Alcohol Sales. Sales or distribution of alcohol are subject to Department of Alcoholic Beverage Control review and approval. c. Traffic and Circulation. Adequate provisions for traffic circulation, parking, and pedestrian safety shall be provided to the satisfaction of the planning director and the city engineer. Proof of adequate parking may be required at the discretion of the planning director. d. Business License. All vendors participating in the temporary use event are required to obtain a City of Rancho Cucamonga business license. e. Property Owners. Applicants shall provide a written authorization from the property owner allowing for the temporary use or activity to occur on-site. 6. Specific Development Standards: Section 17.104.040 contains a list of requirements that apply to specific temporary uses (e.g. carnivals, Christmas tree lot). The majority of the changes in the Amendment is made to this section of the Municipal Code. Municipal Code Section 17.104.040 has been reorganized to provide more logical consistency and clarity to the reader, by combining similar types of uses into groups. The changes also include new regulations and new specific temporary use classifications, and clarify or revise existing regulations, intended to address potential impacts specific to individual temporary event type. The following summarizes the major changes to the specific temporary use development standards. a. Haunted houses. New requirements for haunted houses are proposed to clarify policies currently in place. Applicants are required to obtain all necessary permits from the city and fire district prior to construction and operation of a haunted house facility. Haunted houses in residential districts are limited to specific days (Halloween and the Saturday night preceding Halloween) and hours (before 10 pm). Residential haunted house operators are not permitted to collect an entry fee or donation, or sell merchandise, foods or drinks. Commercial operators are required to provide restroom Page 398 PLANNING COMMISSION STAFF REPORT DRC2018-00028 — CITY OF RANCHO CUCAMONGA August 14, 2019 Page 4 and trash facilities, and a security plan to ensure the safety of all participants. All haunted houses are subject to the general noise requirements specified in the City's Municipal Code. b. Concerts and live outdoor entertainment. New requirements are proposed for concerts and live outdoor entertainment events. Events are limited to a period of not more than 5 days, or more than two consecutive weekends, of operation in any 180 -day period. Events must also maintain a distance from residential areas, as determined by the Planning Director. Commercial operators are required to provide restroom and trash facilities, and a security plan to ensure the safety of all participants. All events are subject to the general noise requirements specified in the City's Municipal Code. c. Parades, assemblies, fundraisers, and parties. New temporary uses specifying large gathering events for the benefit of a government, non-profit organization, or individual is proposed to supplement existing uses. The new temporary uses are subject to the general noise requirements specified in the City's Municipal Code. Parades and assemblies with over 75 people are subject to additional requirements under Municipal Code Section 8.44 (Parades and Assemblies), such as maintenance of traffic and pedestrian circulation. d. Food trucks. The regulations for food trucks and other mobile food facilities have enhanced to provide further clarifications. Two new regulations specify where food trucks are permitted and are allowed to park. Food trucks are permitted in all areas of the city, except for single-family residential neighborhoods. Food trucks are not permitted to park in the public right-of-way, except when the temporary or mobile food facility is used in conjunction with a block party involving a temporary street or lane closure. Additionally, one modification to existing regulation is proposed. An existing regulation specifies that food trucks are limited to a maximum of 12 event days per calendar year. The regulation has been modified to permit breweries, wineries and distilleries to host food trucks each weekend and holidays. Food trucks will continue to be permitted on a temporary basis. No food truck uses, even in conjunction with a breweries, wineries and distilleries, are permitted as a permanent land use. e. Temporary entertainment events. A new type of temporary use is proposed to allow for entertainment events in connection with a business. These are intended to provide businesses with the ability to host occasional entertainment events, without the need of a Entertainment Permit. Temporary entertainment events are limited to 12 days per calendar years, whereas an Entertainment Permit has no specified limitation on the number of days. Temporary entertainment events are also subject to noise requirements and must submit a security plan similar to other entertainment uses. Events that negatively impact the public and/or neighborhood such as through noise or traffic impacts may be denied subsequent temporary entertainment permits. f. Master temporary use permits. A proposed master temporary use permit is designed to combine individual events into a single temporary use permit. All events must occur within a calendar year, and the event dates and times must be specified at the time of the master temporary use permit submittal. Event occurrences under a master temporary use permit shall be identical in operating characteristics. In the event where Page 399 PLANNING COMMISSION STAFF REPORT DRC2018-00028 — CITY OF RANCHO CUCAMONGA August 14, 2019 Page 5 the operating characteristics are in question, the planning director makes the final determination. The intent of the master temporary use permit is to streamline the permitting process. The permit process allows for property owners and vendors to host events multiple times in a year without having to reapply for individual event permits. 7. Definitions: New definitions are proposed to Municipal Code Section 17.126.020 (Universal Definitions) to either add a definition for a temporary use already identified in the Municipal Code or to define newly added temporary uses, e.g., "Food facility, mobile". The intent of these new definitions is to provide clarity as to how to classify certain uses and when to apply the specific temporary development standards under Municipal Code Section 17.104.040 (Development standards for specific temporary uses). Environmental Assessment: The Planning Department staff has determined that this Amendment is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the general rule that CEQA applies only to projects which have the potential for causing significant effects on the environment. Pursuant to State CEQA Guidelines Section 15061(b)(3), where it can be seen with certainty that there is no possibility that the activity in question may have significant effect on the environment, the activity is not subject to CEQA. The Amendment does not propose any physical change to the environment itself. Furthermore, the Amendment pertains to a ministerial action — issuance of a temporary use permit — which is statutorily exempt from CEQA and which relates to uses that are by their very nature short in duration and without permanent change to the land. Based on this evidence and all of the evidence in the record, the City Council concurs with the Planning Department staff's determination that the Amendment will not have a significant effect on the environment and is therefore exempt from further environmental review under CEQA. FACTS FOR FINDING: Per Section 17.22.040 of the Development Code, amendments to the Code may be approved only when the City Council finds that the Development Code Amendment is consistent with the General Plan goals, policies, and implementation programs: • Land Use Policy LU -1.1: Protect neighborhoods from the encroachment of incompatible activities or land uses that may have a negative impact on the residential living environment. The revised TUP regulations provide more specific standards for classes and types of temporary uses, which will help to reduce any potential impacts created by the temporary activity on neighboring residences. • Policy ED -2.3: Expand recreation and cultural attractions to enhance tourism/visitor potential and to boost sales and transient occupancy tax. The revised TUP regulations provide greater clarity on the requirements for temporary uses that could be regionally significant (e.g., concerts, outdoor sporting events) and which could draw tourism from beyond the City. Public Health and Safety Policy PS -13.4: Require that acceptable noise levels are maintained near residences, schools, health care facilities, religious institutions, and other noise sensitive uses in accordance with the Development Code and noise standards contained in the General Plan. A common development standard for temporary uses has Page 400 PLANNING COMMISSION STAFF REPORT DRC2018-00028 — CITY OF RANCHO CUCAMONGA August 14, 2019 Page 6 been added to the TUP regulations calling for the provision of noise attenuation measures to the satisfaction of the planning director. FISCAL IMPACT: The TUP amendment is intended to improve how temporary use permits are processed and may result in more efficient usage of staff time. Providing clarity to certain temporary uses simplifies the process of obtaining the temporary use permit, which in turn may increase the number of events held in the City and the number of outside visitors coming to the City. COUNCIL GOAL(S) ADDRESSED: The proposed amendment does not specifically address a council goal; however, an update to the temporary use permit regulations to help streamline the application process and better address the typical types of temporary uses will assist in promoting Rancho Cucamonga as the premier community within the region. CORRESPONDENCE: This item was advertised as a public hearing on July 31, 2019 with a large 1/8' page legal advertisement in the Inland Valley Daily Bulletin newspaper. Staff received no correspondence in response to the advertisement. EXHIBITS: Resolution No. 19-48 Recommending Approval of Municipal Code Amendment DRC2018-00028. Draft Ordinance Page 401 01 LC1TY OF RANCHO CUCAMON�, AUGUST 14, 2019 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA A. 7:00 P.M. — CALL TO ORDER 7:02 p.m. Pledge of Allegiance Roll Call: Chairman Guglielmo X Vice Chairman Wimberly X Commissioner Dopp X Commissioner Munoz X Commissioner Oaxaca A Additional Staff Present: Nick Ghirelli, Assistant City Attorney, Matt Burris, Deputy City Manager; Mike Smith, Principal Planner; Jason Welday, City Engineer, Dat Tran, Assistant Planner, Jennifer Nakamura, Management Analyst 11; Brian Sandona, Senior Civil Engineer, Elisa Cox, Deputy City Manager, Rob Ball, Fire Marshall; David Eoff, Senior Planner, Vince Acuna, Associate Planner; Valerie Victorino, Executive Assistant; Elizabeth Thornhill, Executive Assistant. B. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Historic Preservation Commission or Planning Commission on any item listed or not listed on the agenda. State law prohibits the Commission from addressing any issue not previously included on the Agenda. The Commission may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individual 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. Chairman Guglielmo opened the public communications Seeing no one, closed the public communications. Page 1 of 7 Page 402 CITY OI AUGUST 14,2019 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA C. CONSENT CALENDAR/HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION The following Consent Calendar items are expected to be routine and non -controversial. They will be acted upon by the Commission at one time without discussion. Any item may be removed for discussion. C1. Consideration to adopt Regular Meeting Minutes of July 24, 2019 Moved by Munoz, second by Wimberly; carried 4-0-1, Oaxaca absent. D. DIRECTOR'S STAFF REPORTS/SCHEDULED MATTERS D1. PRESENTATION - UPDATE ON THE CITY'S UTILITY UNDERGROUNDING PROGRAM BY JASON WELDAY, DIRECTOR OF ENGINEERING SERVICES/CITY ENGINEER. Jason Welday gave an update on the City's Utility Undergrounding Program. Presentation received and filed. Vice Chairman Wimberly asked what the in -lieu fees should cover and Mr. Welday stated that they represent 100 percent of the cost to cover the improvement. Commissioner Munoz asked about the approximate effective date of any changes, which Mr. Welday responded that they are looking at the beginning of next year to go into effect. Commissioner Dopp noted that they have had previous projects come before the Commission and had concerns that some of the fees was showing 500% of the fees. Mr. Welday noted that it's many fees in one lump, including electrical, and the in -lieu fee is meant to cover all of the fees. Page 2of7 Page 403 AUGUST 14, 2019 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA E. PUBLIC HEARINGS/PLANNING COMMISSION The following items have been advertised and/or posted as public hearings as required by law. The Chairman will open the public hearing to receive testimony. All such opinions shall be limited to 5 minutes per individual or less as determined by the Chairman. Please sign in after speaking. E1. STAY OF TIME FOR TENTATIVE TRACT MAP SUBTT16072 BASED ON PRIOR LITIGATION, DRC2019-00374 - GOLDEN MEADOWLAND, LLC. AND RANCH HAVEN, LLC. - A request for a stay of time toward the expiration date of Tentative Tract Map SUBTT16072, equal to 392 days, based on the pendency of prior litigation pursuant to Government Code Section 66463.5(e). Tentative Tract Map SUBTT16072 would subdivide 150.79 acres into 358 lots in the Low (2-4 dwelling units per acre) Residential District, with an average density of 2.3 dwelling units per acre for the entire project, in the Upper Etiwanda Neighborhood of the Etiwanda North Specific Plan, located at the northeast corner of Wilson Avenue and Etiwanda Avenue. APN: 1087-081-12, 19, 20, 21, 22, 23, & 24. Staff has found the project to be within the scope of the project covered by a prior Environmental Impact Report certified by City Council in June 16, 2004 by Resolution 04-206 and does not raise or create new environmental impacts not already considered in the Environmental Impact Report. Dat Tran, Assistant Planner, gave the Staff Report and Power Point presentation (copy on file). Applicant John Schafer represented the owner and was available for questions. Commissioner Dopp asked about the future and if they were planning to develop soon. Mr. Schafer stated that mitigation land access has been an issue for development with access needed from Southern California Edison and the Department of Water and Power. They have now received approval from Southern California Edison but are still working to get approval from the Department of Water and Power. Chairman Guglielmo opened the public hearing. Don Borgashif, a resident adjacent to the property, stated that the EIR report is older and wants to require the project to have today's updated information. Page 3of7 Page 404 CITY OF RANCHO CUCAMON AUGUST 14, 2019 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Mr. Schafer stated that all of the environmental permits are up to date and they will be adding traffic circles and other items to mitigate any impacts. He added that they are still in compliance. Mr. Ghirelli stated that CEQA requires additional cumulative impacts for past projects. A new CEQA report would not be required for this. Additionally, the map has never expired and is in effect now. Chairman Guglielmo closed the public hearing. Commissioner Munoz and Vice Chairman Wimberly both supported the extension. Commissioner Dopp stated that he was glad that they are close to developing the property and would agree with the extension. Chairman Guglielmo agreed and wished them luck with completing the mitigation. Moved by Wimberly, seconded by Dopp; carried 4-0-1, Oaxaca absent. E2. DEVELOPMENT CODE AMENDMENT DRC2018-00028 — CITY OF RANCHO CUCAMONGA — A request to amend Title 17 (Development Code) of the Municipal Code to modify the administrative process and regulations pertaining to temporary uses. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA guidelines under CEQA Section 15061(b)(3). Dat Tran, Assistant Planner, gave the Staff Report and Power Point presentation (copy on file). Chairman Guglielmo opened the public hearing. Mr. Kevin Kenley, a resident, stated that he traditionally has done a Haunted House over the years. His concern was regarding the timing of when to get approvals of the permits required. Requested change of language to "Prior to operation instead of prior to construction" Also, if it's for residential enjoyment he requested that the fees for permits be waived. Mr. Tran stated that the permit language could be amended to reflect that all safety requirements be met before operation, so that proper permits are in place. He added that only the City Council can waive fees. Page 4 of 7 Page 405 CITY OF RANCHO CUCAMON AUGUST 14, 2019 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Ms. Nakamura stated that staff supports a subsidized fee at some level and will be determined by City Council. Chairman Guglielmo asked about the new provision that the revocation in case of fraud of the Temporary Use Permit is done at the Planning Director level. Mr. Tran agreed and noted that this is a new addition as we currently have nothing in place for revocations. Mr. Ghirelli clarified that these are normally taken care of at the staff level. Fire Marshall Rob Ball addressed the Planning Commission. He stated that there are two different types of permits required for haunted houses. Construction permits (before start of construction) and then an operating permit after construction is completed for life and safety. The Fire District has proposed that all required permits are obtained. That will clarify the sequence of events for the haunted houses. Closed public communications. Commissioner Munoz support the changes with the amended language. Vice Chairman Wimberly approved the amendments to the process in place. Commissioner Dopp appreciated the streamlined process for ease for everyone. Chairman Guglielmo agreed and supported the hobbies and activities such as haunted houses. Moved by Dopp, seconded by Wimberly; carried 4-0-1, Oaxaca absent. Recommendation to the City Council as modified. This item will be forwarded to City Council for final action. F. COMMISSION BUSINESS/HISTORIC PRESERVATION AND PLANNING COMMISSION INTER -AGENCY UPDATES: None. Page 5of7 Page 406 AUGUST 14, 2019 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA COMMISSION ANNOUNCEMENTS: None G. ADJOURNMENT Adjourned 7:56 p.m. to a workshop in the Rains Room. I, Elizabeth Thornhill, Executive Assistant of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on August 8, 2019, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. If you need special assistance or accommodations to participate in this meeting, please contact the Planning Department at (909) 477-2750. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. INFORMATION FOR THE PUBLIC TO ADDRESS THE PLANNING COMMISSION The Planning Commission encourages free expression of all points of view. To allow all persons to speak, given the length of the agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Planning Commission on any agenda item. To address the Planning Commission, please come forward to the podium located at the center of the staff table. State your name for the record and speak into the microphone. After speaking, please sign in on the clipboard located next to the speaker's podium. It is important to list your name, address and the agenda item letter your comments refer to. Comments are generally limited to 5 minutes per individual. Page 6of7 Page 407 AUGUST 14, 2019 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA If you wish to speak concerning an item not on the agenda, you may do so under "Public Comments." There is opportunity to speak under this section prior to the end of the agenda. Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution to the Commissioners. A copy of any such materials should also be provided to the Secretary to be used for the official public record. All requests for items to be placed on a Planning Commission agenda must be in writing. Requests for scheduling agenda items will be at the discretion of the Commission and the Planning Director. AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are on file in the offices of the Planning Department, City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. These documents are available for public inspections during regular business hours, Monday through Thursday, 7:00 a.m. to 6:00 p.m., except for legal City holidays. APPEALS Any interested party who disagrees with the City Planning Commission decision may appeal the Commission's decision to the City Council within 10 calendar days. Any appeal filed must be directed to the City Clerk's Office and must be accompanied by a fee of $3,114 for all decisions of the Commission. (Fees are established and governed by the City Council). Please turn off all cell phones while the meeting is in session. Copies of the Planning Commission agendas, staff reports and minutes can be found at www.CityofRC.us. Page 7of7 Page 408 RESOLUTION NO. 99-48 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF MUNICIPAL CODE AMENDMENT DRC2018-00028 AMENDING THE REGULATIONS FOR TEMPORARY USE PERMITS; MAKING FINDINGS IN SUPPORT THEREOF; AND MAKING A DETERMINATION THAT THE AMENDMENTS ARE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT A. Recitals. 1. The City of Rancho Cucamonga has prepared Municipal Code Amendment DRC2018- 00028, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Municipal Code Amendment is referred to as "the Amendment". 2. A Temporary Use Permit ("TUR) allows for the temporary utilization of a property for a special, unique, or limited duration use such as a festival, parade, outdoor sporting event, or for seasonal sales_ 3. On August 14, 2019, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing with respect to the Amendment and, following the conclusion thereof, adopted Resolution No. 19-48. recommending that the City Council of the City of Rancho Cucamonga adopt this Amendment. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B Resolution NOW, THEREFORE, it is hereby found: determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows= 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A of this Resolution, are true and correct. 2. Based upon the substantial evidence presented to the Planning Commission during the above -referenced public hearing on August 14, 2019, including written and oral staff reports, together with public testimony. this Commission hereby specifically finds as follows: a. The Amendment applies to property located within the City; and b. The City proposes to amend the Development Code as outlined in Exhibit A of the Staff Report. The Amendment updates the temporary use permit regulations to reflect new types of temporary activities and improves the processing of TUP applications for both applicants and staff; and C. The Amendment proposes to revise Municipal Code Section 17.16.070. Changes to Section 17.16.070 increases the number of days a TUP application must be filed prior to the event date to 15 days. Section 17.16,070 also includes a new process for revoking a TUP. Page 409 PLANNING COMMISSION RESOLUTION NO. 19-48 DRC2018-00028 August 14, 2019 Page 2 d. The Amendment also proposes to revise Section 17.60.020(D) of the Municipal Code. Section 17.60.020(D) includes revisions to regulations pertaining to temporary outdoor storage of materials. Temporary outdoor storage is subject to the requirements of a Temporary Use Permit; and e. The Amendment also proposes to revise Chapter 17.104 of the Municipal Code. Chapter 17.04 includes new general development standards for TUPs as well as regulations pertaining to specific temporary uses (e.g. concerts, food trucks). Definitions for individual specific temporary uses have also been added. 3. Based upon the substantial evidence presented to this Commission during the above referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds that the proposed Amendment is consistent with the General Plan's goals, policies, and implementation programs and concludes as follows: a. General Plan Community Services Policy CS -2.3 is "aimed at continuing to promote and develop special events that enrich the lives, celebrate and honor diversity, and bring all residents together in Rancho Cucamonga." Temporary use permits provide a simple way to regulate short-term activities and special events that can bring residents together and often create an enhanced quality of life and promote economic development. The amendment to the TUP regulations will broaden the types of activities subject to a temporary use permit, clarify the standards applied to temporary uses, and generally make the administration of temporary uses easier thereby facilitating such eventstuses as sales and grand openings, art shows, charity events, carnivals, food trucks, pop-up restaurants or crafts shops, produce stands, Christmas tree stands, fireworks stands, and car shows; and b. General Plan Land Use Policy LU -9.9 states, "Protect neighborhoods from the encroachment of incompatible activities or land uses that may have a negative impact on the residential living environment." Temporary use permits are intended to allow community events and activities for limited time periods in locations where the uses may not otherwise be allowed in the applicable zone. The TUP process strikes a balance between allowing such uses while continuing to protect neighborhoods; and C. Economic Development Policy ED -2.3 states, "Expand recreation and cultural attractions to enhance tourism/visitor potential and to boost sales and transient occupancy tax." The revised TUP regulations provide greater clarity on the requirements for temporary uses that could be regionally significant (e.g., concerts, outdoor sporting events) and which could draw visitors from beyond the City; and d. Public Health and Safety Policy PS -93.4 states, "Require that acceptable noise levels are maintained near residences, schools, health care facilities, religious institutions, and other noise sensitive uses in accordance with the Development Code and noise standards contained in the General Plan." A common development standard for temporary uses has been added to the TUP regulations calling for the provision of noise attenuation measures to the satisfaction of the planning director. 4. The Planning Department staff has determined that this Amendment is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the general rule that CEQA applies only to projects which have the potential for causing significant effects on the environment. Pursuant to State CEQA Guidelines Section 15061(b)(3), where it can be seen with certainty that there is no possibility that Page 410 PLANNING COMMISSION RESOLUTION NO. 19-48 DRC2018-00028 August 14, 2019 Page 3 the activity in question may have significant effect on the environment, the activity is not subject to CEQA. The Amendment does not propose any physical change to the environment itself. Furthermore, the Amendment pertains to a ministerial action — issuance of a temporary use permit — which is statutorily exempt from CEQA and which relates to uses that are by their very nature short in duration and without permanent change to the land. Based on this evidence and all of the evidence in the record, the City Council concurs with the Planning Department staff's determination that the Amendment will not have a significant effect on the environment and is therefore exempt from further environmental review under CEQA. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby recommends that the City Council approve Municipal Code Amendment DRC2018-00028, as indicated in Attachment A incorporated herein by this reference. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF AUGUST 2019. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: ATTEST: Matt fluTft-, Secretary I, Matt Burris, Secretary of the Planning Commission for the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 1411 day of August 2019, by the following vote -to -wit: AYES: COMMISSIONERS: DOPP, GUGLIELMO, MUNOZ, WIMBERLY NOES: COMMISSIONERS: ABSENT: COMMISSIONERS:OAXACA ABSTAIN: COMMISSIONERS: Page 411 Municipal Code Amendment DRC2018-00028 November 6, 2019 Project Background • Temporary use permits (TUP) allow for short-term activities and events. • The Amendment comprehensively updates the temporary uses regulations. • Streamlines the ways that TUPs are processed, and modernize regulations. Project Background (cont.) • Staff presented the project to the Planning Commission on August 14, 2019. • The Planning Commission voted 4-0-1 in favor of the Amendment. Revision to Application Process • Amend to require TUP application 15 days prior to an event. • Amend to include revocation procedure. Revisions to Exempt Events • Exempt new events from the temporary use permit process. • Bingo games • Lemonade stands • Private residential parties Revisions to Temporary Uses • Reorganizes these standards to be more consistent. • Includes new temporary use categories and new regulations for those uses. Revisions to Commercial Events Temporary entertainment events. • Allows businesses to host occasional entertainment events (12 days per calendar years). Master temporary use permits. • Allows for businesses to host identical events multiple times in a year under a single permit. Revisions to Haunted House Events All haunted houses require permits from the City and Fire District, and subject to City noise standards. Residential Haunted houses. • Limited hours of operations. • Cannot collect a fee or sell products. Commercial Haunted houses. • No limits to hours of operations. • Can collect fees/sell products. • Must provide restrooms, trash and security. Revision to Haunted House Requirements and Fees ,*Revise Section 17.104.040.A.2.a to state: The operator shall obtain all necessary construction and use permits from the City and Fire District prior to commencing the construction of a haunted house facility and shall obtain an operating permit from the fire district prior to commencing operations or opening to the public. • Staff recommends City Council exempt permit fees residential haunted houses. Minor Wording Revision • Revise Section 17.104.040.A to state: Festivals and other special events Public Correspondence • This item was advertised as a public hearing on October 23, 2019 with a large 1/8t" page legal advertisement in the Inland Valley Daily Bulletin newspaper. Recommendation Staff recommends that the City Council: • Approve Municipal Code Amendment DRC2018-00028 through the adoption of the attached Resolution of Approval. DATE: November 6, 2019 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Veronica Fincher, Animal Services Director Michael Frasure, Building and Safety Services Manager Jennifer Hunt Gracia, Community Services Director Julie Sowles, Library Services Director William Wittkopf, Public Works Services Director Darci Vogel, Management Analyst I I SUBJECT: PUBLIC HEARING OF THE CITY OF RANCHO CUCAMONGA TO CONSIDER FEE ADJUSTMENTS FOR VARIOUS CITY DEPARTMENTS ADOPTING RESOLUTION NO. 19-092 AND FIRST READING AND INTRODUCTION OF ORDINANCE NO. 963, AMENDING THE MUNICIPAL CODE CONCERNING THE FEE AND PROCESS FOR REMOVAL AND REPLACEMENT OF CITY -MAINTAINED TREES. RECOMMENDATION: Staff recommends the City Council take the following actions: 1. Conduct the Public Hearing and adopt the Resolution amending Resolution Numbers 06-142, 99- 146, 12-196, 14-003, 14-097, 14-223, 15-144, 16-004, 16-199, 17-112, and 18-040, to revise or adopt user fees for Animal Services, Building and Safety, City Manager, Community Services, Library Services, and Public Works; and 2. Conduct the first reading of the attached Ordinance entitled "An Ordinance of the City of Rancho Cucamonga Establishing a Process for the Removal and Replacement of City -Maintained Trees in the Right -of -Way or Other Public Property by Adding Chapter 12.30 to the Municipal Code". BACKGROUND: The City can impose fees under the authority granted by California Government Code Section 66000 et. seq, including the requirement to hold at least one public hearing as part of a regularly scheduled meeting to allow for public comment on its proposed fees. Fees are allowed to be imposed in order to recover costs associated with the provision of specific services benefiting the user, thereby reducing the use of General Fund monies for such purposes. As a matter of routine, the city departments revisit user and developer impact fees at least once per year to ensure that small adjustments can be made over time to keep up with operational and construction costs. In accordance with that approach, departments have once again reviewed their user and developer impact fees to determine what adjustments should be made at this time. This report covers requests for revisions to fees for the following work groups: Animal Services, Building and Safety, City Manager, Community Services, Library Services, and Public Works. The Page 412 corresponding cost analysis worksheets were placed on file in the City Clerk's office on October 24, 2019. ANALYSIS: User Fee Updates The following user fee adjustments are detailed in the proposed City resolution (Attachment 1): ANIMAL SERVICES The Animal Center reviews the fee schedule on an annual basis. After considerations of current costs, relevancy of current fees and a survey conducted of surrounding cities, the following adjustments are recommended to amend Resolution 06-0142: • Animal Licensing Fees. The Animal Services Department operates the City's state mandated Rabies Control Program, which includes dog licensing. The cost of the program has increased since the last fee study conducted in 2006. As a result, fee adjustments are needed. The new proposed fees continue to include discounted options for spayed and neutered animals, senior citizens, and disabled citizens. BUILDING AND SAFETY SERVICES After the fee adjustment that was effective January 1, 2019, the Building and Safety Services Department discovered that several fees required adjustment to better apply appropriate charges. • In residential reroofing, photovoltaic installation, fire alarm installation, and installation of new windows, overall fee amounts will not increase, however fees will be based on square footage, kilowatt hours and fixture count. This will create a lower and more accurate threshold level for smaller projects. • The trash enclosure fee, electrical additions for alumawood patios, and HVAC/split system fees are simply separated out to create more options. Three new fees are being added for installation of retro -fit windows, swimming pool remodel/replasters, and processing of Temporary Certificates of Occupancy. These are flat rate fees where Building and Safety can recuperate revenue for time invested in these important and frequently occurring services. CITY MANAGER'S OFFICE The City currently owns twelve electric vehicle charging stations located throughout the community. City Hall is the most highly utilized EV Charging location among the city -operated EV Chargers. In an effort to meet the growing demand for electric vehicle infrastructure, staff applied for a rebate from the California Electric Vehicle Infrastructure Project (CALeVIP) for a DC Fast Charger, which refuels an electric vehicle in approximately 30 minutes. The rebate will provide up to $80,000 or 80% of total project cost, whichever is less. This infrastructure is slated to be installed in the north parking lot of City Hall. The proposed fee for vehicle charging is based on the overall project costs including but not limited to equipment, installation, network plan, operations and maintenance, as well as analysis of electricity costs based on estimated use of the charger. An idle fee is also being proposed to ensure the DC Fast Charger remains available for use once a vehicle has completed its charging session. This idle fee is based on analysis completed by SBCOG. The fee is applied once a vehicle has been idling in the parking stall for more than 60 minutes. COMMUNITY SERVICES Page 413 The Community Services Department's current analysis focused on indoor facilities, specifically room rentals and related equipment rentals. The last comprehensive increase in operating and extended hour rental rates took place in 2010 and 2011, however these increases were minimal. Since that time, rates have not kept up with market value or surrounding communities as operating expenses have increased due to minimum wage, employee salaries and benefits, utilities, contracted services, etc. As a result, current room rental fees do not cover the costs of using City facilities. After a comprehensive analysis, staff is recommending that the indoor facility rental fees be restructured and streamlined in order to ensure adequate fees are charged to cover the costs of facility use. Indoor facilities will be categorized as Neighborhood Center (Family Resource Center, Lions Center East/West), Community Center (Central Park, Sports Center), and Specialty Center (VG Cultural Center, Epicenter Stadium). Rooms at each facility will be categorized based on square footage and include small, medium, large, banquet hall, kitchen, event hall, courtyard, theatre, and courts. Room rental fees are inclusive of tables, chairs, and one staff member, with the exception of kitchen, theatre, courts, and courtyard (Community Center only) room categories. On average, hourly increases for User Group 2 through 4 range between $0.00 and $14.00 for Neighborhood Centers, between $0.00 and $44.00 for Community Centers, and between $3.00 and $75.00 for Specialty Centers. Staff is also recommending the creation of a new User Group 5 for non-resident commercial and business users. In addition to the proposed restructuring of indoor facility rental fees, Staff also proposes the following changes: Increased Fees: • Various optional equipment rentals to reflect current market rates, including cocktail table, portable PA system, projectors, portable screen, screen dress kit, and single 4x8 deck. • ActiveNet service fee increase from 3.75% to 4.0% to cover the cost of processing financial transactions through the software system. • Application processing fee increase from $25.00 to $35.00 to cover staff time and materials required to process and route rental applications. • Sports field rental deposit for User Group 1 and 2 increase from $250.00 to $400.00 in order to be consistent with other deposits that are a flat rate independent of user group classification. The rental deposit is refundable if there is no damage to the facility, no overage of time, and no remaining balance due. Modification of Existing Fees: • Combining of fees for customer convenience, such as outdoor portable heater rented with propane and the pianos rented with tuning. • Individual staffing rates have been replaced with a standard fully burdened staff rate calculation of top pay step multiplied by current fringe benefit rate as approved by City Council. • Annual escalator based on the Employment Cost Index (ECI) for rental fees directly related to City staffing. The escalator is consistent with use by other City departments and will help ensure rental fees stay current to the market. New Fees: • In-house beverage service for small onsite meetings. • Various optional equipment rentals. • Equipment rental packages with a staffing component. • Room rental packages with staffing and equipment components, including the Party Package at the RC Sports Center, Wedding Ceremony Package at the Victoria Gardens Cultural Center, and Special Event Package at Central Park. Page 414 • Cancellation/rescheduling fees for rentals of kitchen, courtyard, and banquet hall. These fees already apply to other room categories. • Rental deposits for medium rooms at Neighborhood Centers and small rooms at Specialty Centers to be consistent with other room categories. • Epicenter rental deposits standardized at 25% to be consistent with existing practice. Deleted Fees: • Irrelevant equipment rentals and service fees. • Discounted Fee Tiers for the community softball and soccer fields. • Individual staffing fees, as these have been replaced by a standard fully burdened staff rate calculation. The proposed fee changes were discussed on September 18, 2019 with the Community Services Subcommittee and a recommendation was motioned by the Subcommittee to present the proposed fees for members of the City Council to consider. Staff has already begun public outreach through informal notification to existing permit holders regarding the fee analysis and anticipated fee increases. During the months of November and December, staff will continue working with existing permit holders, as well as advertise increased fees on the front counter of rental facilities for community members. Rental rates for current permit holders will be honored. LIBRARY SERVICES As detailed above, the Community Services Department is restructuring and streamlining fees in order to ensure the fees cover the costs of facility use. In an effort to maintain consistency with existing practices and provide a consistent level of customer service, the Library Services Department proposes adopting the changes made by the Community Services Department. This will ensure Library rental fees, refunds and staffing rates have parity with other City facilities and are competitive with the surrounding region. The proposed changes include: • Increases for various optional equipment rentals. • Application processing fee increase from $25.00 to $35.00 to cover staff time and materials required to process and route rental applications. • New annual escalator based on the Employment Cost Index (ECI) for rental fees directly related to City staffing. The escalator is consistent with use by other City departments and will help ensure rental fees stay current to the market. • New fees for various optional equipment rentals. • New User Group 5 classification for non-resident commercial and business users. • Individual staffing rates have been replaced with a standard fully burdened staff rate calculation of top pay step multiplied by current fringe benefit rate as approved by City Council. PUBLIC WORKS Rancho Cucamonga has a large and diverse urban forest, with more than 100,000 trees in the City's care. The Public Works Services Department's Urban Forestry Division is responsible for the care and trimming of the City's trees, whether in parks, medians, or in the public rights-of-way adjacent to private property. On occasion, the City receives requests from property owners for City trees to be removed. These requests are evaluated by Urban Forestry staff. When the tree is causing damage to private property, or is deemed to be diseased or hazardous, the City will approve the request and remove the tree at the City's cost. In other cases, if the evaluation is determined to not meet the criteria for removal by one of the City's Certified Arborists, the request is denied. Page 415 It was brought to staff's attention that some other agencies have created a process to consider the removal and replacement of trees at the property owner's expense, when the removal is not warranted. Based on that model, a new administrative fee and ordinance are being recommended for Council consideration and approval. Highlights of the ordinance include the following: • Residents can request removing city -maintained trees in the right-of-way by submitting an application to Public Works Services and paying an initial $60.00 application fee. • After a consultation with staff, it will be determined if the request is warranted as outlined in the proposed ordinance. If so, the applicant will be required to pay the $787.00 processing fee in order to move forward with the request. • Reasons for the convenience request could include: • Debris reduction (aka leaf litter) • View enhancement • Reducing excessive shade • Tree species (resident prefers a different tree) • Preventing property damage • Property owners within 600 feet of the requested removal will be notified and invited to comment • The Public Works Director can approve or deny the request, considering the resident's reasons and the neighborhood feedback; decision can be appealed to the City Manager • If approved, the resident will pay for the tree removal and its replacement. Replacement may be made on site, or if not desired by the resident, at another site chosen by Public Works. Public Works will determine removal -to -replacement ratio; it may be 1 to 1, or they may require more than one tree to replace the removed tree depending upon the circumstances. Overall, the ordinance will not reduce the size of the City's urban forest, as any tree removal granted would be replaced by at least one tree. Proposed Ordinance Public Works is presenting to the City Council for consideration the attached Ordinance (Attachment 2). This ordinance would add a new Chapter to the Rancho Cucamonga Municipal Code Section 12.30, which would establish the process for property owners to request the removal and replacement of city -maintained trees in the public right-of-way. The proposed ordinance was discussed on May 1, 2019 with the Public Works Subcommittee and a recommendation was motioned by the Subcommittee to present the proposed ordinance for members of the City Council to consider. During the month of August 2019, Public Works collaborated with the City Manager's Office Communication Manager to prepare a Flash -Vote survey for residents to provide feedback on this topic. Based on the results of the survey, residents felt property owners requesting the removal of a healthy tree in the public right-of-way should cover the full expense of removal and replacement, or the tree should be left to stay. EFFECTIVE DATE OF FEES City Manager fees will be effective December 1, 2019. Animal Services, Community Services, Library, and Public Works fees will be effective January 1, 2020. The Public Works fee will be contingent on City Council approving the attached ordinance at its second hearing. Building and Safety fees will be effective 60 days from the adoption of the resolution, consistent with state law. PUBLIC NOTICE: Pursuant to Government Code Section 65090, this item was advertised in advance as a public hearing in the Inland Valley Daily Bulletin newspaper. FISCAL IMPACT: By consistently examining user fees annually, these updates provide additional revenue per fiscal year to offset the City's costs. Page 416 COUNCIL GOAL(S) ADDRESSED: Not applicable. ATTACHMENTS: Description Attachment 1 - Resolution 19-092 - Fee Update Attachment 2 — Ordinance No. 963 Page 41 RESOLUTION NO. 19-092 A RESOLUTION OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING AN UPDATED FEE SCHEDULE APPLICABLE TO THE ANIMAL SERVICES, BUILDING AND SAFETY SERVICES, CITY MANAGER, COMMUNITY SERVICES, LIBRARY SERVICES, AND PUBLIC WORKS SERVICES DEPARTMENTS. 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 November 6, 2019, City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the amendment. 4. All legal prerequisites prior 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 hereby Amends Resolution 06-142, effective January 1, 2020, and adopts the following fees for services performed by the Animal Services Department: Title Description Fee License, 1 year, intact dog Fee covers all Rabies Control program operations costs $75.00 for unaltered/intact dogs. License, 1 year, Fee covers all Rabies Control program operations costs $20.00 spayed/neutered dog for altered/spayed or neutered dogs. License Late Fee Fee covers all Rabies Control program operations costs $25.00 for late license renewals. License Senior 65+, 1 year, spayed/neutered Fee covers all Rabies Control program operations costs, $10.00 dog offering a discount to senior citizens with altered pets. License Disabled, 1 year, Fee covers all Rabies Control program operations costs, $10.00 spayed/neutered dog offering a discount to disabled citizens with altered pets. Page 418 CITY COUNCIL RESOLUTION NO. 19-092 FEES FOR VARIOUS CITY DEPARTMENTS AND SERVICES November 6, 2019 Page 2 License, Service Dog (as Fee for licensing is waived for registered Service Dogs. $0.00 defined by the ADA) SECTION 4: The City hereby Amends Resolution 18-040, effective January 5, 2020, and adopts the following fees for services performed by the Building and Safety Department: Fee Name Fee Unit / Type Fee Solar/Photovoltaic- Residential Up to 15KW $173.00 Solar/Photovoltaic- Residential w/electrical service upgrade Up to 15KW with electrical upgrade $487.00 Solar/Photovoltaic- Residential Each kw over 15 $660.00 Solar/Photovoltaic- Commercial 0-250 kw $1,173.00 Solar/Photovoltaic- Commercial Each kw over 250 $1,707.00 Trash enclosure up to 100 linear ft. Up to 100 linear ft $313.00 Electrical for alumawood patio cover/enclosure Up to 10 lights, outlets, switches $157.00 Swimming pool Remodel Incl. plaster, equip, barrier, tile $470.00 Swimming pool Replaster Incl plaster, drain $313.00 HVAC System Each additional system $313.00 Split System Each additional system $236.00 Residential Composition Roof Up to 2,000 sq ft $545.00 Residential Composition Roof Each additional 1,000 sq ft $220.00 Residential Tile Roof Up to 2,000 sq ft $436.00 Residential Tile Roof Each additional 1,000 sq ft $220.00 Tile Lift and Re-lay Roof Up to 2,000 sq ft $576.00 Tile Lift and Re-lay Roof Each additional 1,000 sq ft $313.00 Temporary Certificate of Occupancy (TCO) Each hour $144.00 Fire Alarm & Sprinkler Monitoring Production 0-15 devices $864.00 Fire Alarm & Sprinkler Monitoring Production 16-50 devices $1,177.00 Page 419 CITY COUNCIL RESOLUTION NO. 19-092 FEES FOR VARIOUS CITY DEPARTMENTS AND SERVICES November 6, 2019 Page 3 Fire Alarm & Sprinkler 51-100 devices $1,490.00 Monitoring Production For use of the Electric Vehicle (EV) Charging Station, $0.35 Fire Alarm & Sprinkler 101-500 devices $2,276.00 Monitoring Production Fee for idling in an Electric Vehicle (EV) parking stall $5.00 Fire Alarm & Sprinkler Each additional 25 devices $188.00 Monitoring Production Retrofit windows 1-5 windows $157.00 Retrofit windows 6-15 windows $313.00 Retrofit windows 16+ windows (hourly) $157.00 New construction window 1-5 windows $313.00 New construction window 6-15 windows $470.00 New construction window 16+ windows (hourly) $157.00 Scanning for Electronic Plan 0-5 sheets $11.00 Review -sheets Scanning for Electronic Plan 5-10 sheets (max) $2.00 Review -sheets Scanning for Electronic Plan 0-10 sheets $11.00 Review -letter size Scanning for Electronic Plan 11-20 sheets (max) $1.00 Review -letter size Plan Duplication Fee $32.00 plus flash drive $44.00 SECTION 5: The City hereby adopts the following fees for services performed by the City Manager's Office, effective December 1, 2019: Title Description Fee DC Fast Charger For use of the Electric Vehicle (EV) Charging Station, $0.35 Fee DC Fast Charger per kWh Idle Fee Fee for idling in an Electric Vehicle (EV) parking stall $5.00 for more than 60 minutes SECTION 6: The City hereby repeals all fees for Community Services Department services listed in Resolutions 99-146, 12-196, 14-003, 14-097, 14-223, 15-144, 16-004, 16-199, and 17- 112, and adopts fees in Exhibit A for services performed by the Community Services Department effective January 1, 2020. SECTION 7: The City hereby Amends Resolution 18-040, effective January 1, 2020, and adopts the following fees for services performed by the Library Services Department: Page 420 CITY COUNCIL RESOLUTION NO. 19-092 FEES FOR VARIOUS CITY DEPARTMENTS AND SERVICES November 6, 2019 Page 4 Title Description Fee Second Story Room This fee is established to cover staff time to process Rental Application each rental application for use of Second Story $35.00 Fee spaces. Staff Hourly Rate Hourly fee for event and rental staff. Calculated at top Fully Burdened pay step multiplied by current fringe benefit rate. Staff Rate Open Exhibit & Kitchenette This rental fee covers staff time and related costs $244.00 (Operating Hours) - required to coordinate the rental of the Open Exhibit per hour Group 5 and Kitchenette. Small Room: STEM Lab, Art Studio and Workshop This rental fee covers staff time and related costs $88.00 (Operating Hours) - required to coordinate the rental of the Art Studio. per hour Group 5 Kitchenette This rental fee covers staff time and related costs (Operating Hours required to coordinate the rental of the Kitchenette in $50.00 and Extended combination with another room during regular and per hour Hours) - Group 5 premium hours. Open Exhibit & This rental fee covers staff time and related costs Kitchenette required to coordinate the rental of the Open Exhibit $319.00 (Extended Hours) - and Kitchenette during premium hours on Fridays and per hour Group 5 Saturdays. Small Room: STEM Lab, Art Studio and Workshop This rental fee covers staff time and related costs $113.00 (Extended Hours) - required to coordinate the rental of the Workshop. per hour Group 5 Application Covers staff time and materials required to process $35.00 Processing Fee and route rental applications Cocktail Table Daily rental rate for a cocktail table. $15.00 each per day Dry Erase Whiteboard (mobile) Daily rental rate for a mobile dry erase board. $25.00 each per day Easel Daily rental rate for an easel. $5.00 each per day $25.00 each Microphone per day; (lapel/headset) Daily rental rate for a lapel or headset microphone. (maximum $200.00 per week) Page 421 CITY COUNCIL RESOLUTION NO. 19-092 FEES FOR VARIOUS CITY DEPARTMENTS AND SERVICES November 6, 2019 Page 5 Title Description Fee Tree Removal and This service entails a consultation with staff to $50.00 each Microphone determine if the request is warranted to move forward per day (wireless) Daily rental rate for a wireless microphone. (maximum $200.00 per week) Podium Daily rental rate for a podium. $25.00 each per day Public Address System (portable) Daily rental rate for a portable public address system. $175.00 each per day Projector (portable) Daily rental rate for a portable projector. $50.00 each per day $150.00 each Rear Projection Screen with Dress Daily rental rate for a rear projection screen with per day (maximum Kit dress kit. $400.00 per week) Screen (portable) Daily rental rate for a portable screen. $50.00 each per day Cost of rental Special Equipment Equipment rented by City for customer use. each per event Effective July 1, 2020, fees will be automatically adjusted annually by the percentage change in the Employee Cost Index (ECI) for state and local Employee Cost government workers, total compensation (not Index (ECI) Annual seasonally adjusted), during the 12 -month period Varies Adjustment ending on December 31st of the immediately preceding calendar year, as published by the United States Bureau of Labor Statistics. The adjustment will apply to fees directly related to City staffing. SECTION 8: The City hereby adopts the following fee for services performed by the Public Works Department: Title Description Fee Tree Removal and This service entails a consultation with staff to Replacement determine if the request is warranted to move forward $60.00 Application Fee with the Tree Removal and Replacement process. Page 422 CITY COUNCIL RESOLUTION NO. 19-092 FEES FOR VARIOUS CITY DEPARTMENTS AND SERVICES November 6, 2019 Page 6 Title Description Fee This service entails the review process for a property owner requesting the removal of a tree adjacent to their property located in the public right-of-way. The cost includes staff time for processing the application, working with the property owner, notifying adjacent property owners of the request, preparing and $787.00 sending outreach material, approval or rejection of the Tree Removal and request, and the interaction at the Public Works front + Replacement counter. This service will also include staff time the actual Processing Fee working with a citycontractor to coordinate cost of removal/replacement of trees if the request is removal and approved. A Residents will cover the additional replacement expense for the tree removal and its replacement based on a separate cost calculated by Public Works to have a contractor perform the work. This service is inclusive of the Technology Fee adopted by City Council in Resolution 18-040. The fees set forth in this section shall be adjusted annually, commencing on July 1, 2020, and each year thereafter, without further action of the City Council, based on the Employee Cost Index for State and Local Government Employees, Total Compensation, during the 12 -month period ending on December 31 st of the immediately preceding year, as released by the U.S. Department of Labor's Bureau of Labor Statistics and rounded to the nearest whole dollar. If this index is discontinued, a replacement index, as determined by the City Council, shall be utilized. SECTION 9: The City Clerk shall certify to the adoption of this Resolution. Page 423 EXHIBIT A COMMUNITY SERVICES DEPARTMENT MASTER FEE AND CHARGE SCHEDULE 1.1 EMPLOYEE COST INDEX (ECI) ADJUSTMENT 1.1.1 Effective July 1, 2020, fees will be automatically adjusted annually by the percentage change in the Employee Cost Index (ECI) for state and local government workers, total compensation (not seasonally adjusted), during the 12 -month period ending on December 311t of the immediately preceding calendar year, as published by the United States Bureau of Labor Statistics. 1.1.2 The adjustment will apply to fees directly related to City staffing. 1.1.3 The fee adjustment will not exceed 4% annually. 1.1.4 Adjusted fees will be rounded up to the nearest whole dollar. 1.2 USER GROUP CLASSIFICATIONS Group Organizations Event Types City City of Rancho Cucamonga, Rancho Cucamonga Fire Protection Agency mission -based programs, events, 4.00% District, Rancho Cucamonga Police Department meetings, etc. CSD City of Rancho Cucamonga Community Services Department Agency mission -based programs, events, meetings, etc. Other governmental agencies (County, State, School District, Water Events providing a direct benefit to City of 1 District) Rancho Cucamonga residents (ex. public events, meetings, hearings, etc. Eligible non -profits; resident civic and athletic organizations; resident Events in support of the organization's churches; resident public and private schools (including clubs, mission (ex. public events, religious 2 associations, boosters, etc.). services, organizational meetings, or fundraisers). Other governmental agencies (County, State, School District, Water Employee meetings and trainings. District) Resident private party, employee organizations, political organizations, candidate campaigns; City of Rancho Cucamonga All approved functions. employees. User Group 1 and 2 (private social events not in support of Other approved functions. 3 organization's mission Non-resident non -profits; non-resident civic and athletic Events in support of the organization's organizations, non-resident churches; non-resident public and private mission (ex. public events, religious schools (including clubs, associations, boosters, etc.). services, organizational meetings, or fundraisers). Resident commercial /business All approved functions. 4 Non-resident non -profits, non-resident civic and athletic organizations, non-resident churches; non-resident public and private Other approved functions. schools(including clubs, associations, boosters, etc.). 5 Non-resident commercial 1 business All approved functions. 1.3 GENERAL FEES Item Location Fee Unit ActiveNet Transaction Fee All Locations 4.00% Per transaction Page 1 of 9 Page 424 EXHIBIT A Application Processing Fee All Indoor Facilities $35.00 Per application Application Processing Fee Parks and Sports Fields $25.00 Per application Application Processing Fee (with All Locations $50.00 Per application alcohol) All Locations $50.00 Per class 1 activity Alcohol Use Deposit All Locations $500 Per rental Duration: 9 da or more)registration Central Park, VG Cultural Center As determined Per rental Additional Rental Deposit All Locations by event/rental Per rental Duration: 0 to 5 weeks)registration Central Park, VG Cultural Center require ents Per rental Equipment Replacement Fee All Locations $2.00 Per class 1 activity Duration. 6+ weeks)registration service contract registration Class and Activity Refund Fee All Locations $10.00 Per class 1 activity registration 1.4 NON-RESIDENT FEES Item Location Fee Unit Classes, workshops, programs All Locations Exempt Per class 1 activity Duration: 9 day or less All Locations te tpayaff ratep registration Classes, workshops, programs and All Locations $50.00 Per class 1 activity activities All Locations $13.00 Per rental Duration: 9 da or more)registration Central Park, VG Cultural Center fringe benefit rate Per rental Senior programs All Locations $4.00 Per class 1 activity Duration: 0 to 5 weeks)registration Central Park, VG Cultural Center As determined by Per rental Senior programs All Locations $12.00 Per class 1 activity Duration. 6+ weeks)registration service contract 1.5 STAFFING FEES Staff Title Location Fee Unit Small All Locations Fully burdened Per rental Medium All Locations te tpayaff ratep Per rental Event 1 Rental Staff All Locations $50.00 Per hour Banquet Hall Lions Center West, RC Family Resource Center (top x Per rental Event Hall medium, large) Central Park, VG Cultural Center fringe benefit rate Per rental Front of House Staff Services VG Cultural Center $.320.00 Per show Courtyard Central Park, VG Cultural Center As determined by Per rental Private Security All Locations Per hour service contract 1.6 INDOOR FACILITY RENTALS 1.6.1 Facility Room Rental Cancellation and Reschedulinq Fees: Room Category Location Fee* Unit Small All Locations $25.00 Per rental Medium All Locations $50.00 Per rental Large All Locations $50.00 Per rental Banquet Hall Lions Center West, RC Family Resource Center $50.00 Per rental Event Hall medium, large) Central Park, VG Cultural Center $75.00 Per rental Courts exterior, interior RCSports Center $50.00 Per rental Courtyard Central Park, VG Cultural Center $50.00 Per rental Page 2 of 9 Page 425 EXHIBIT A Kitchen Central Park $25.00 Per rental Theatre VG Cultural Center $100.00 Per rental *Subject to refund window 1.6.2 Neighborhood Center Rental Fees: *As approved by the Community Services Director, deposit may be reduced if multiple rooms are rented. 1.6.3 Community Center Rental Fees: OPERATING HOURS EXTENDED HOURS OPERATING HOURS Rental Group EXTENDED HOURS Group Room Category Rental Deposit* Group 1 Group 2 Group 3 Group 4 Group 5 Group 1 Group 2 Group 3 Group 4 Group 5 Small $100.00 No Fee $25.00 $38.00 $50.00 $63.00 No Fee $31.00 $47.00 $63.00 $78.00 Medium $100.00 No Fee $30.00 $45.00 $60.00 $75.00 No Fee $38.00 $56.00 $75.00 $94.00 Large $250.00 No Fee $35.00 $53.00 $70.00 $88.00 No Fee $44.00 $66.00 $88.00 $109.00 Banquet Hall $250.00 No Fee $40.00 $60.00 $80.00 $100.00 No Fee $50.00 $75.00 $100.00 $125.00 *As approved by the Community Services Director, deposit may be reduced if multiple rooms are rented. 1.6.3 Community Center Rental Fees: *As approved by the Community Services Director, deposit may be reduced if multiple rooms are rented. OPERATING HOURS EXTENDED HOURS Room Rental Group Group Group Group Group Group Group Group Group Group Category Deposit* 1 2 3 4 5 1 2 3 4 5 Small $100.00 No Use $30.00 $45.00 $60.00 $75.00 No Use $38.00 $56.00 $75.00 $94.00 Medium $250.00 No Use $35.00 $53.00 $70.00 $88.00 No Use $44.00 $66.00 $88.00 $109.00 Large $250.00 No Use $40.00 $60.00 $80.00 $100.00 No Use $50.00 $75.00 $100.00 $125.00 Event Hall $500.00 No Use $70.00 $126.00 $140.00 $182.00 No Use $91.00 $164.00 $182.00 $237.00 Medium Event Hall $500.00 No Use $100.00 $180.00 $200.00 $260.00 No Use $130.00 $234.00 $260.00 $338.00 (Large) Courtyard $500.00 No Use $30.00 $45.00 $60.00 $75.00 No Use $38.00 $56.00 $75.00 $94.00 Kitchen $0.00 No Use $25.00 $38.00 $50.00 $63.00 No Use $31.00 $47.00 $63.00 $78.00 Courts $200.00 No Use $23.00 $34.00 $45.00 $56.00 No Use $23.00 $34.00 $45.00 $56.00 exterior Courts $200.00 No Use $40.00 $60.00 $80.00 $100.00 No Use $40.00 $60.00 $80.00 $100.00 interior *As approved by the Community Services Director, deposit may be reduced if multiple rooms are rented. *As approved by the Community Services Director, deposit maybe reduced if multiple rooms are rented. 1.6.4 Specialty Center Rental Fees: OPERATING HOURS EXTENDED HOURS Page 3 of 9 Page 426 PREMIUM HOURS Room Rental Group Group Group Group Group Category Deposit* 1 2 3 4 5 Event Hall $500.00 No Use $118.00 $213.00 $237.00 $308.00 Medium Event Hall $500.00 No Use $169.00 $304.00 $338.00 $439.00 (Large) *As approved by the Community Services Director, deposit maybe reduced if multiple rooms are rented. 1.6.4 Specialty Center Rental Fees: OPERATING HOURS EXTENDED HOURS Page 3 of 9 Page 426 EXHIBIT A Room Rental Group Group Group Group Group Group Group Group Group Group Category Deposit* 1 2 3 4 5 1 2 3 4 5 Small $100.00 No Use $30.00 $45.00 $60.00 $75.00 No Use $38.00 $56.00 $75.00 $94.00 Medium $500.00 No Use $58.00 $86.00 $115.00 $144.00 No Use $72.00 $108.00 $144.00 $180.00 Large $500.00 No Use $75.00 $113.00 $150.00 $188.00 No Use $94.00 $141.00 $188.00 $234.00 Event Hall $500.00 No Use $100.00 $180.00 $200.00 $260.00 No Use $130.00 $234.00 $260.00 $338.00 large) RCSports Center $300.00 Per event Screen(portable) All Locations $25.00 Each per da Sound Box with Wired Microphone All Locations $25.00 Each per da Courtyard $500.00 No Use $75.00 $113.00 $150.00 $188.00 No Use $94.00 $141.00 $188.00 $234.00 Theatre** $1,000.00 (practice to No Use $100.00 $125.00 $125.00 $125.00 No Use $285.00 $285.00 $285.00 $285.00 days) $1,500.00 Theatre** $1,000.00 (perform to No Use $184.00 $230.00 $230.00 $230.00 No Use $285.00 $285.00 $285.00 $285.00 days) $1,500.00 *As approved by the Community Services Director, deposit may be reduced if multiple rooms are rented. **Theatre. For extended periods of rental, negotiated fees may be approved by the Community Services Director. 1.6.5 Facility Equipment Use Fees (Neighborhood and Community Centers): Item Location* Fee Unit Additional Stage Piece minimum 2 All Locations $25.00 Each per da Basketball Court Flooring RCS orfs Center $100.00 Per event Central Park Special Event Package Central Park 15% discount room rental Per event Central Park Wedding Ceremony 1 Lecture Package Central Park Mesa Courtyard $500.00 Per event Cocktail Table All Locations $15.00 Each per da Easel All Locations $5.00 Each per da Folding Chairs All Locations $3.00 Each per da Large Power over 30 ams All Locations $1.00 Per amp per da Microphone All Locations $25.00 Each per da Microphone headset All Locations $25.00 Each per da Mobile Dry Erase Whiteboard All Locations $25.00 Each per da Outdoor Portable Heater with propane) All Locations $75.00 Each per da Podium All Locations $25.00 Each per da Portable Bar All Locations $50.00 Each per da Projector(portable) All Locations $50.00 Each per da Projector mounted with Built -In Screen Central Park Event Hall $75.00 Each per da Public Address System(portable) All Locations $75.00 Each per da RCSports Center Party Package RCSports Center $300.00 Per event Screen(portable) All Locations $25.00 Each per da Sound Box with Wired Microphone All Locations $25.00 Each per da Stage Steps All Locations $25.00 Each per da *Subject to availability at facility location 1.6.6 Facility Equipment Use Fees (Victoria Gardens Cultural Center): Item Location Fee Unit Audio Console(portable) VG Cultural Center $150.00 Per event Baby Grand Piano and Tuning Package Lewis Family Playhouse $550.00 Each per da Basic Lighting Package* Celebration Hall $1,500.00 Per event Page 4 of 9 Page 427 EXHIBIT A 1.6.8 Box Office Fees: Item Location 10%-30% Unit Merchandise Sales by Vendors VG Cultural Center $250.00 Per event Handling Fee School Shows VG Cultural Center as negotiated) Per ticket 1.6.8 Box Office Fees: Item Location Fee Unit Box Office Services VG Cultural Center $250.00 Per event Handling Fee School Shows VG Cultural Center $0.50 Per ticket Handling Fee Produced Shows VG Cultural Center $1.00 Per ticket Handlin Fee S eciait Series VG Cultural Center $1.50 Per ticket Handling Fee All other Uses & Rentals VG Cultural Center $2.00 Per ticket Exchange Fee VG Cultural Center $2.00 Per ticket Internet Fees VG Cultural Center $2.00 + web host fees, not to exceed $6.00 per ticket Per order Mailinq Fee VG Cultural Center $1.50 Per ticket Reprint Fee VG Cultural Center $2.00 Per ticket Ticket Printing Only VG Cultural Center $75.00 Per event 1.6.9 Marquee Fees: Item Location Fee Unit Additional slide added to scheduled Group Group Deposit VG Cultural Center $35.00 Per slide rotation 5 Field Rental $200.00 Artwork Setup fee VG Cultural Center $75.00 Per slide Exclusive Use of Marquee VG Cultural Center $250.00 Per hour Intermittent Inclusion of one slide in the Field Rental VG Cultural Center $250.00 Per week weekly schedule $131.00 $131.00 2 to 4 hours Turn off Marquee VG Cultural Center $75.00 Per hour 1.7 OUTDOOR PARK FACILITY RENTAL FEES 1.7.1 Community Softball Field and Soccer Field Rental Fees: Time Frame Rental Group Group Group Group Group Deposit 1 2 3 4 5 Field Rental $200.00 No Fee $30.00 $40.00 $79.00 $79.00 0 to 2 hours Field Rental $200.00 No Fee $60.00 $80.00 $131.00 $131.00 2 to 4 hours Field Rental $200.00 No Fee $120.00 $160.00 $210.00 $210.00 All da 1.7.2 Miscellaneous Outdoor Facility Rental Fees: Item Location Fee Unit City Park Storage Fee I Parks $78.00 Per season Page 6 of 9 Page 429 EXHIBIT A Field Preparation Fee Epicenter Softball Fields Actual Costs Per field Lighted Sports Venue Fee (All Group 4 As determined by the Parks, Special Event Community Services Department All Lighted Fields Public Works Services Per field, per hour approved youth sports organizations) Group 5 Department rental Lighted Sports Venue Fees (all other $3.00 As determined by the $6.00 sports organizations) All Lighted Fields Public Works Services Per field, per hour Shelter Department $36.00 Moon Bounce/Inflatable House and/or All Parks and Fields No Fee $20.00 Specialized Entertainment Equipment $40.00 $27.00 Each per event Fee (excluding Epicenter) Snack Bar All Locations $25.00 Per da As determined by the Small Stadium Light Fee Epicenter Stadium Public Works Services Per hour Department Tournament Light Fee Epicenter Softball Fields $300.00 Per field, per da Tournament Vendor Fee Epicenter Sports Fields $100.00 Per vendor, per No use $104.00 $144.00 tournament 1.7.3 Park Maintenance Fee: Location Unit Group 1 Group 2 Group 3 Group 4 Group 5 Parks, Special Event Per each Group 1 Group 2 Group 3 Group 4 Group 5 Small rental No Fee $3.00 $3.00 $6.00 $6.00 Areas transaction Shelter No use $36.00 Sports Fields Per field No Fee $20.00 $20.00 $40.00 $40.00 $69.00 per da 1.7.4 Park Shelter Rental Fees: 1.7.5 Special Event Area Rental Fees: Site OFF PEAK SEASON PEAK SEASON Picnic Shelters Group 1 Group 2 Group 3 Group 4 Group 5 Group 1 Group 2 Group 3 Group 4 Group 5 Small Shelter No use $36.00 $51.00 $66.00 $66.00 No use $39.00 $54.00 $69.00 $69.00 3 hour Small Shelter No use $96.00 $136.00 $176.00 $176.00 No use $104.00 $144.00 $184.00 $184.00 All Da Large Shelter No use $54.00 $72.00 $90.00 $90.00 No use $57.00 $75.00 $93.00 $93.00 3 hour Large Shelter No use $144.00 $192.00 $240.00 $240.00 No use $152.00 $200.00 $248.00 $248.00 All Da 1.7.5 Special Event Area Rental Fees: Site Unit Group 1 Group 2 Group 3 Group 4 Group 5 Red Hill Community Per hour No use $78.00 $105.00 $157.00 $157.00 Park Page 7 of 9 Page 430 EXHIBIT A Heritage Community Park Per hour No use $53.00 $78.00 $105.00 $105.00 Central Park Per hour No use $78.00 $105.00 $157.00 $157.00 Central Park Bride Per hour No use No Fee $53.00 $78.00 $78.00 Central Park Pavilion Per hour No use $35.00 $47.00 $59.00 $59.00 PET Staging Area Per hour No use $26.00 $53.00 $105.00 $105.00 1.8 EPICENTER SPORTS COMPLEX RENTALS 1.8.1 Epicenter Filming and Photography Rental Fees: Item Location Fee Unit Film Permit Epicenter As determined by the Per event Rental Move -Out Days Planning Department 25% of total Filming/Photography Deposit Epicenter 25% of total rental fee Per event rental fee $3,000 to $6,000 Rental Rate Filming in the Epicenter Stadium Epicenter Stadium depending on filming Per day 50% of Daily Event requirements, plus actual Rental Rate costs for City services. 25% of total $300.00 per day $700.00 per day $1,000 to $3,000 Filming in a Parking Lot Epicenter Parking Lots depending on filming Per day Parking Lot D and Special Events Area requirements, plus actual $500.00 per day 50% of Daily Event costs for City services. Rental Rate $500 to $2,000 25% of total Still Photography $700.00 per day depending on (Commercial / For Profit purposes) Epicenter photography Per day Special Event Area (grass area 25% of total requirements, plus actual $100.00 per hour 50% of Daily Event between parkinglots A and B costs for City services. Rental Rate $250.00 to $500.00 Still Photography depending on (Not for Commercial /For Profit Epicenter photography Per day purposes) requirements, plus actual costs for City services. 1.8.2 Epicenter Parkinq and Special Event Area Rental Fees: Site Deposit With Stadium Without Stadium Additional Move -In ! Rental Rental Move -Out Days Parking Lot A 25% of total $300.00 per day $700.00 per day 50% of Daily Event rental fee Rental Rate Parking Lot B 25% of total $300.00 per day $700.00 per day 50% of Daily Event rental fee Rental Rate Parking Lot C 25% of total $300.00 per day $700.00 per day 50% of Daily Event rental fee Rental Rate Parking Lot D 25% of total $200.00 per day $500.00 per day 50% of Daily Event rental fee Rental Rate Parking Lot G (front only) 25% of total $300.00 per day $700.00 per day 50% of Daily Event rental fee Rental Rate Special Event Area (grass area 25% of total $100.00 per hour $100.00 per hour 50% of Daily Event between parkinglots A and B rental fee Rental Rate Page 8 of 9 Page 431 EXHIBIT A 1.8.3 Epicenter Sports Fields Rental Fees: 1.8.4 Epicenter Stadium (LoanMart Field) Rental Fees: WEEKDAY AND WEEKEND HOURS CITY HOLIDAY HOURS Time Frame Rental Group Group Group Group Group Group Group Group Group Group De 051t 1 2 3 4 5 1 2 3 4 5 Field Rental $400.00 $53.00 $53.00 $158.00 $158.00 $158.00 $78.00 $78.00 $236.00 $236.00 $236.00 Oto2hours) Pavilion (31,1 base) 25% of total $75.00 $75.00 $75.00 50% of Daily Event rental fee per hour per hour per hour Field Rental $400.00 $105.00 $105.00 $262.00 $262.00 $262.00 $157.00 $157.00 $393.00 $393.00 $393.00 2 to 4 hours Field Rental $400.00 $210.00 $210.00 $367.00 $367.00 $367.00 $315.00 $315.00 $551.00 $551.00 $551.00 All da 1.8.4 Epicenter Stadium (LoanMart Field) Rental Fees: Page 9 of 9 Page 432 Deposit Event Event Event Additional Move -In ! Category 1 Category 2 Category 3 Move -Out Days No. of Event Attendees 500 or less 501-1,999 2,000+ Stadium Rental 25% of total $1,500 $2,500 $4,000 50% of Daily Event Includes cafe areas rental fee per day per day per day Rental Rate Sky Box Rental 25% of total $50.00 $50.00 $50.00 50% of Daily Event Available with Stadium Rental only) rental fee per hour per hour per hour Rental Rate Pavilion (31,1 base) 25% of total $75.00 $75.00 $75.00 50% of Daily Event rental fee per hour per hour per hour Rental Rate Plaza (1s1 base) 25% of total $85.00 $85.00 $85.00 50% of Daily Event rental fee per hour per hour per hour Rental Rate Page 9 of 9 Page 432 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ESTABLISHING A PROCESS FOR THE REMOVAL AND REPLACEMENT OF CITY - MAINTAINED TREES IN THE RIGHT-OF-WAY OR OTHER PUBLIC PROPERTY BY ADDING CHAPTER 12.30 TO THE MUNICIPAL CODE The City Council of the City of Rancho Cucamonga hereby ordains as follows: Section 1. The City Council hereby adds a new Chapter 12.30 to the Rancho Cucamonga Municipal Code to read as follows: Chapter 12.30: Convenience tree removal. 12.30.010. Purpose. The purpose of a convenience tree removal application is to address requests from the community for the removal of City -maintained trees in the right-of-way or other public property and to give the Public Works Services Department the authority to remove such trees and replace or plant additional trees in order to maintain and enhance trees as natural and community resources. This chapter is not intended to supersede the tree preservation policies of any specific plan, including the Etiwanda Specific Plan, if the specific plan is more stringent than the requirements of this title; if the specific plan is less stringent than the requirements of this title, this title shall supersede the specific plan. This chapter is also not intended to supersede the permitting requirements applicable to heritage trees under section 17.16.080. 12.30.020. Applicability. The provisions of this chapter shall apply to all City - maintained trees in the right-of-way or other public property. This chapter does not apply to privately -maintained heritage trees on private property that are subject to section 17.16.080. This chapter does not diminish the City's authority to voluntarily manage the City's urban forest in order to protect the public health, safety, and welfare. 12.30.030. Convenience tree removal application. A. An application for a convenience tree removal may only be filed by a person or entity owning property immediately adjacent to the right-of-way or public property where the subject tree is located. B. The Public Works Services Director or his or her designee shall have the sole discretion, pursuant to the requirements below, to approve an application for the removal of a tree maintained by the city in the right-of- way or other public property. Page 1 of 4 Page 433 12.30.040. Review Process. A. An application for a convenience tree removal shall be filed, together with any required fee as set by resolution of the City Council, with the Public Works Services Director on forms provided by the department. B. The Public Works Services Department will notify adjacent property owners, within 600 feet of the considered tree, of the application for the convenience tree removal and will consider the neighboring property owners' opinions, if any, regarding the proposed changes when deciding whether to deny or grant the tree removal request. C. The Public Works Services Department shall review the application and may inspect the existing conditions. The Public Works Services Director may consider the following factors, in addition to neighboring property owner opinions, and any other relevant factor, when reviewing tree removal requests: 1. Debris reduction. 2. View enhancement. 3. Reduction of excessive shade projections. 4. Conformance with community design guidelines. 5. Tree species. 6. Potential damage to utility facilities or other property. D. For a property with more than three trees surrounding it, no greater than one-third of the existing trees surrounding the property may be removed within a ten-year period. 12.30.050. Approval. The Public Works Services Director or his or her designee shall approve, conditionally approve, or deny the application for a convenience tree removal, and may impose such conditions necessary to implement the provisions of this section, after the following findings are made: A. The removal of the tree will not have a negative impact on the health, safety, or viability of surrounding trees. B. The removal of the tree will not negatively impact the aesthetics or general welfare of the surrounding area. 12.30.060. Appeal of Director's Decision. A decision of the Public Works Services Director pursuant to section 12.30.050 may be appealed to the City Manager. An appeal must be initiated within ten working days after the Public Page 2 of 4 Page 434 Works Services Director's decision is issued by filing, with the director, a letter of appeal briefly stating therein the basis for such appeal. The hearing on appeal shall be held on a date no more than 15 working days after receipt of the letter of appeal. The appellant shall be given at least five working days' notice of the time and place of the hearing. The City Manager, or the City Manager's designee, shall provide the appellant and any other interested party the reasonable opportunity to be heard in order to show cause why the Public Works Services Director's decision should not be upheld. Within 45 working days of the hearing, the City Manager, or the City Manager's designee, shall make a written decision regarding the appeal. The decision of the City Manager, or the City Manager's designee, shall be final. 12.30.070. Scheduling. If the convenience tree removal request is approved, any work under this application shall be scheduled by the City in compliance with the provisions of the Migratory Bird Treaty Act of 1918 as well as sound horticultural practices. As such, there could be up to six months between the approval of the application and the final work. 12.30.080. Agreement. If the convenience tree removal request is approved, the Public Works Services Department and the applicant shall enter into an agreement for the removal of the tree. The agreement shall contain the following terms, and any other terms deemed necessary by the Public Works Services Director: A. The total cost of the tree removal and replacement shall be borne by the applicant, with payment due 90 days after the convenience tree removal's approval or the agreement is executed by the City, whichever is sooner. Funds to cover the cost of all work must be remitted by the applicant prior to the scheduling of any work. Fees for removal and/or replacement of trees shall be set by the Public Works Department. B. The applicant shall agree to indemnify and hold harmless the city for property damage or injuries caused by the work undertaken by the city pursuant to the removal of a tree under this section. C. Failure to comply with any provision of this chapter or the terms of the agreement, including payment of applicable fees, shall be grounds to rescind the convenience tree removal's approval and terminate the agreement. In that case, the applicant will be required to submit a new application and pay all applicable fees. 12.30.090. Replacement of trees removed pursuant to this section. The Public Works Services Department will implement a tree replacement program in accordance with this section, which will include at a minimum the following components: A. Trees will be replaced by the city, in accordance with applicable procurement procedures, funded by the applicant requesting the tree removal. Page 3 of 4 Page 435 B. Trees removed should be replaced by the same tree, appropriate to the street, or another tree on the city's approved list. The approved list shall be approved by the Public Works Services Director. Tree replacement should meet requirements of specific plans, community plans, and the fire code. The ratio and location of the replacement tree(s) shall be determined by the Public Works Services Department, after considering the following factors: 1. Community design guidelines. 2. Physical space available for replanting trees. 3. Number of healthy trees in the remaining or prospective planting area. C. When it is infeasible or impracticable to replace a tree in the prior location, a replacement tree may be replaced off-site or added to the city nursery for use at a later date. Section 2. CEQA. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption of this Ordinance may have a significant effect on the environment, because the Ordinance allows for the removal and replacement of a limited number of trees, after considering the health of surrounding trees, to be more than offset by the replacement or planting of additional trees. It is therefore exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061(d) of the California Code of Regulations. Most trees within the right-of-way and on public property are currently managed by the Public Works Services Department and can be removed without requiring replacement or relocation. This Ordinance implements a process for replacing or relocating trees within the right-of-way and on public property and requires the relocation or planting of new trees. The City Council finds that this Ordinance will thus increase or, at a minimum, maintain the baseline number of trees in the City. The adoption of this Ordinance is an action authorized by state law to assure the maintenance, restoration, or enhancement of a natural resource and the environment. It is therefore also exempt from California Environmental Quality Act review pursuant to Title 14, Sections 15307 and 15308 of the California Code of Regulations. Section 3. Severability. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect. Page 4 of 4 Page 436 Section 4. The City Clerk shall certify to the adoption of this Ordinance. ATTEST: Janice C. Reynolds, City Clerk L. Dennis Michael, Mayor I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the , 2019, and was passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on , 2019, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: Page 5 of 4 Page 437 DATE: TO: FROM: INITIATED BY: SUBJECT November 6, 2019 Mayor and Members of the City Council John R. Gillison, City Manager Justine Garcia, Management Analyst II Deborah Allen, Management Aide CONSIDERATION OF THE PURCHASE OF AN ELECTRIC VEHICLE DC FAST CHARGER FROM CHARGEPOINT, INC. FOR A TOTAL AMOUNT OF $61,050. RECOMMENDATION: Staff recommends the City Council approve the purchase of one (1) electric vehicle DC Fast Charger from ChargePoint, Inc. and allow City Manager to enter into a five (5) year network services and operations and maintenance agreement for a total amount of $61,050 and authorize staff to appropriate the necessary funding. BACKGROUND: Since the early 1990's the City has been proactive in offering electric vehicle (EV) charging stations at various municipal facilities to accommodate various generations of electric vehicles. There are currently twelve (12) Level 2 EV charging stations available for use at City facilities. These stations typically provide a full charge to a vehicle in three (3) to four (4) hours. Usage of the Level 2 EV charging stations is electronically tracked and monitored, which provides information in real time to determine the most highly used EV Stations throughout the community to assist in strategically expanding infrastructure. With this information, staff has determined that the stations located at the Civic Center Complex are the most highly utilized. This information is valuable for continued assessment of existing infrastructure and for possible locations for additional infrastructure as staff works to expand EV charging station offerings. ANALYSIS: In late 2018 a new rebate program was opened up through the California Electric Vehicle Infrastructure Project (CALeVIP), providing a funding opportunity for the City to obtain additional and more technologically advanced charging stations. The City submitted an application to reserve rebate funding for a Level 3 EV charging station or DC Fast Charger, to be installed at the Civic Center Complex due to high utilization of the current Level 2 chargers. The rebate will provide up to $80,000 or 80% of total project cost, whichever is less. A 20% match will be provided by the City through the use of AB2766 fund, allocated to fund projects that reduce Greenhouse Gas (GHG) emissions. Rebate funds will cover the purchase of the EV charging station as well as the cost to install and operate and maintain the station for a required period of at least 5 years. The new DC Fast Charger will be located in the north parking lot at City Hall and will be available for both employee and public use. There will be a $0.35/kWh (kilowatt-hour) fee associated with the use of Page 438 the station. Fees related to the use of the charging station will be presented to Council in a separate staff report specifically for adopting the fee schedule. The new DC Fast Charger will be the first Level 3 charging station that the City will own and that will be placed at a City facility. This charger will be able to charge a vehicle in only twenty (20) to thirty (30) minutes, and will provide a highly attractive quick charge service to EV owners that live, work and visit Rancho Cucamonga. FISCAL IMPACT: The CALeVIP rebate program will provide 80% or up to $80,000 whichever is less towards the total project cost. Staff estimates this project will cost $100,000 in total. To complete this project, the Council will need to appropriate the following funds: • State Grants Fund o $62,290 into 1274102-5603 Capital Outlay -Equipment $17,710 into 1274102-5300 Contract Services o $80,000 into 1274000-4760 Grant Income -State • Air Quality Improvement Fund o $20,000 into 105208-5603 Capital Outlay- Equipment • General Fund o $253 into 1001001-5300 Contract Services $2,525 into 1001001-4901 Other Revenue COUNCIL GOAL(S) ADDRESSED: ENHANCING PREMIER COMMUNITY STATUS: Expansion of Electric Vehicle infrastructure provides alternative fueling options in our community and reinforces the City's status as a leader in environmental sustainability. MID AND LONG RANGE PLANNING: The DC Fast Charger supports the vision for the future of sustainability in Rancho Cucamonga. ATTACHMENTS: Description Standard Terms and Conditions Network Services & Operations and Maintenance Agreement Page 439 CITY OF RANCHO CUCAMONGA STANDARD TERMS AND CONDITIONS 1. Pre -Qualification --Vendors wishing to submit a Quote, Bid or Proposal response must be registered as a Vendor with the City of Rancho Cucamonga. Only those responses received from registered Vendors will be accepted. Responses must be submitted by the same Vendor that has downloaded the Request for Quote, Bid or Proposal from the Bid system. This information is indicated in the system and provides the ability to tabulate the responses in accordance to the named Vendors. Submitting a response under a Vendor name that does not appear to be on the Notified or Prospective Bidders list will be deemed as non-responsive and disqualified from the process. 2. All prices and notations must be submitted in accordance to the instructions provided in the solicitation. 3. All pricing is to be submitted without CA sales tax, unless otherwise advised. 4. All City solicitations are conducted and to be submitted electronically through the Planet Bid system, the method utilized by the City for all solicitations unless otherwise stated in the solicitation instructions. Solicitations are to be submitted by the due date and time indicated in the solicitation package. 5. Time of delivery is part of the consideration and must be stated in definite terms; and must be adhered to. If delivery varies on different items, the Vendor shall so state for each item. 6. Vendor does not provide for cash discounts. 7. The City of Rancho Cucamonga's standard freight terms are FOB: Destination. Notwithstanding anything to the contrary in this Agreement, final inspection and acceptance must be provided to ChargePoint within seven (7) days of delivery and installation. 8. A responsible officer or employee must sign with the Vendor's name on all submittals. Obligations assumed by such signature must be fulfilled. 9. No charge for transportation, packing, drayage, inspection on deliveries which do not meet the specifications or are above those quoted will be allowed. 10. In case of default by the Vendor, the City of Rancho Cucamonga may procure the articles or service from other sources and may deduct from unpaid balance due to the Vendor, or may bill for excess costs so paid, and the prices paid by the City of Rancho Cucamonga shall be considered the prevailing market prices paid at the time such purchase is made. Date Last Revised: 09/17/2018 11 P a g e Page 440 CITY OF RANCHO CUCAMONGA STANDARD TERMS AND CONDITIONS 11. The Vendor will not be held liable for failure or delay in fulfillment if hindered or prevented by fire, strikes, or Acts of God. Vendor shall be excused from performance hereunder during the time and to the extent that he/she is prevented from obtaining, delivery on, or performing in the customary manner, by acts of God, fire, war, strike, loss or shortage of transportation facilities, lockout or commandeering of raw materials, product plants or facilities by the government. Vendor shall provide the City satisfactory evidence that nonperformance is due to other than fault of negligence on Vendors part. 12. Vendors may be considered non-responsive and disqualified resulting in the rejection of submittal for any of, but not limited to, the following causes: a. Failure to use the forms furnished by the City, b. Failure to be registered as a Vendor, c. Failure to submit response under registered Vendor name, d. Lack of signature by an authorized representative on the submittal form, e. Failure to properly complete the submittal, f Evidence of collusion among Vendors, g. Unauthorized alteration of submittal form, h. Not received by specified due date. 13. Submittals are subject to acceptance at any time within ninety (90) days after opening, unless otherwise stipulated. 14. Verify your submittal before submission, as they cannot be withdrawn or corrected after being opened. In the event of a calculation error, the unit price shall prevail. 15. The City of Rancho Cucamonga pays California Sales Tax regardless of Vendor's place of doing business and is exempt from Federal Excise Tax. Unless otherwise specified, DO NOT include sales tax in your response. 16. Accounts paying for transportation of property to the City of Rancho Cucamonga are exempt from Federal Transportation Tax. An Exemption Certificate is not required where the shipping papers show the consignee as City of Rancho Cucamonga; as such papers may be accepted by the carrier as proof of the exempt character of the shipment. 17. The articles covered by the response must conform to safety orders of, but not limited to, OSHA, CALOSHA, NFPA and/or NIOSH. 18. CONFLICT OF INTEREST: 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. 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. 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 Date Last Revised: 09/17/2018 2 1 P a g e Page 441 CITY OF RANCHO CUCAMONGA STANDARD TERMS AND CONDITIONS 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 above. 19. Municipal Ordinances may require the issuance of a City of Rancho Cucamonga Business License as a condition precedent to being engaged as a contract Vendor by the City of Rancho Cucamonga. 20. The City hereby agrees to make payment to Vendor's cost for all government mandated equipment requirements enacted after the award, which affect the Vendor's ability to supply the specified equipment. 21. A written Purchase Order mailed, or otherwise furnished to the successful Vendor within the time for acceptance specified, shall result in a binding Agreement without further action on either part. This Agreement shall be interpreted, construed and given effect in all respects according to the laws of the State of California. 22 QUANTITY ADJUSTMENT: When applicable, it is mutually accepted that the quantities defined in this document reflect the approximate City requirements and may be either decreased or increased and honored at stated prices as proposed. 23. WARRANTIES: Vendor will fully warrant all materials and equipment for a period of not less than one (1) year from date of final acceptance by the City unless otherwise noted. All warranties, standard and extended, shall be shown on any units offered, and all costs related to the servicing of said warranties shall be clearly stated on submittal form. 24 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. 25. AWARD: The City of Rancho Cucamonga recognizes that price is only one of several criteria to be used in judging a product or service, and the City of Rancho Cucamonga is not legally bound to accept the lowest response. Agreements shall be awarded to the Vendor whose offer is determined to be the most advantageous to the City from the standpoint of suitability to purpose, quality, service, previous experience, price, ability to deliver, or for any other reason deemed by the City to be in the best interest of the City and, as such, will not be determined by price alone and may not be the lowest response especially where services are of utmost importance. When there is more than one (1) item, the City reserves the right to award separately or. Vendors must state "all or none" on submittal form. If optional items or trade-ins are requested, the City may accept or decline such items. 26. 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. Once ChargePoint has shipped the product, the purchase order is binding and cannot be cancelled. Contractor may terminate this Agreement for cause upon giving the City 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. 27. OWNERSHIP OF WORK PRODUCT: 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 and selling the equipment the equipment pursuant to this Agreement, including any and all intellectual and proprietary rights arising from Contractor's provision of the Services is herein referred to collectively, as "Intellectual Property". The ownership of the Intellectual Property shall remain exclusively with Contractor. Date Last Revised: 09/17/2018 3 1 P a g e Page 442 CITY OF RANCHO CUCAMONGA STANDARD TERMS AND CONDITIONS Contractor warrants and represents that it has secured all necessary licenses, consents or approvals to use the Intellectual Property, including any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and/or materials produced under this Agreement, and that City has full legal title to and the right to use any of the Intellectual Property in accordance with this Agreement. 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 Intellectual Property 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 Intellectual Property 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. Except for the equipment purchased under this Agreement, City shall not have any ownership interest and other rights to the Intellectual Property other than an unexclusive license to use such Intellectual Property as provided in this Agreement. 28. INSURANCE (1) Liability Insurance: Contractor shall procure and maintain in full force and effect for the duration ofthis 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 and subcontractors. (2) Minimum Scone of Insurance: Unless otherwise approved by City, coverage shall beat least as broad as: a. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). b. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code I (any auto). c. Worker's Compensation insurance as required by the State of California, and Employer's Liability Insurance. (3) Minimum Limits of Insurance: Contractor shall maintain limits no less than: Date Last Revised: 09/17/2018 4 1 P a g e Page 443 CITY OF RANCHO CUCAMONGA STANDARD TERMS AND CONDITIONS a. 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. b. Automobile Liability: $2,000,000 per accident for bodily injury and property damage. c. 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) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (5) Other Insurance Provisions: Date Last Revised: 09/17/2018 a. 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 or agency officials, are to be covered 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 or agency officials which are not also limitations applicable to the named insured. b. 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 or agency officials. Any insurance or self-insurance maintained by City, their officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of city or agency officials shall be excess of Contractor's insurance and shall not contribute with it. c. 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 Iiability. d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled except after 30 days prior written notice by first class mail has been given to City (ten (10) days prior written notice for non-payment of premium). Contractor shall provide thirty (30) days written notice to City prior to implementation of a reduction of limits or material change of insurance coverage as specified herein. e. Each insurance policy, required by this clause shall expressly waive the insurer's right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city or agency officials. f. 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. g. 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. 5 1 P a g e Page 444 CITY OF RANCHO CUCAMONGA STANDARD TERMS AND CONDITIONS h. Specify that 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. i. Other required insurance, endorsements, or exclusions as required by the City in any request for proposals applicable to this Agreement. (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. 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, 29 INDEMNIFICATION (1) Professional Services: In the connection with its professional services, the Contractor shall defend, hold harmless and indemnify City, and its elected officials, officers, employees, servants, volunteers, and agents serving as independent contractors in the role of city or agency officials, (collectively, "Indemnitees"), with respect to any and all damages, liabilities, losses, reasonable defense costs or expenses (collectively, "Claims"), including but not limited to liability for death or injury to any person and injury to any property, to the extent the same out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor or any of its officers, employees, subcontractors, Contractors, or agents in the performance of its professional services under this Agreement. Contractor shall reimburse all reasonable defense costs and expenses, including actual attorney's fees and experts' costs incurred in connection with such defense. (2) Other Indemnities. In connection with all Claims not covered by Section 12. 1, the Contractor shall defend, hold harmless and indemnify the Indemnitees with respect to any and all 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 non-professional 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. (3) 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. (4) Waiver of Right of Subro ag tion. 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. (5) Survival. The provisions of this Section 12 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. Date Last Revised: 09/17/2018 b 1 P a g e Page 445 CITY OF RANCHO CUCAMONGA STANDARD TERMS AND CONDITIONS 30. ENVIRONMENTAL SUSTAINABILITY: Vendor will make every reasonable effort to use environmentally preferable products, methods, equipment, packaging and transportation in relation to this transaction. Further, Vendor shall ensure disposal of any removed materials is conducted in an environmentally responsible manner. Products purchased under this Agreement must meet, but not limited to, the following standards: "Energy Star" (www.energrystar.gov), "EPEAT" (www.epeat.net), and provide proof of meeting the "Eco Logo and/or Green Seal" standard and certification requirements (www.egolo o.org and/or www.greenseal.org). 31. METHOD OF PAYMENT (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. (Z) City shall review such invoices and notify Contractor in writing within ten (10) business days of any disputed amounts. (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) 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. The undersigned Vendor declares that the above terms and conditions have been carefully read and examined. Vendor signature is required below; failure to provide signature may render the Vendors solicitation submittal as non-responsive. Company Name: Address: (Street, Su. # City and RCFPD, State, Zip) ChargePoint, Inc. 254 E. Hacienda Ave. Campbell, CA 95008 Telephone #: 408-841-4504 Fax #: E-mail address: Web Address: cplegal@chargepoint.com www.chargepoint.com Authorized Representative: (print) Title: Rex S. Jackson CFO Signature: % Date: J V Date Last Revised: 09/17/2018 7 1 P a g e Page 446 CHARGEPOINTO MASTER SERVICES AND SUBSCRIPTION AGREEMENT IMPORTANT: THIS MASTER SERVICES AND SUBSCRIPTION AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU OR THE CORPORATION, PARTNERSHIP OR OTHER LEGAL ENTITY YOU REPRESENT ("SUBSCRIBER") AND CHARGEPOINT, INC., A DELAWARE CORPORATION ("CPI-). PLEASE READ IT CAREFULLY. BY USING ANY OF THE CHARGEPOINT SERVICES, YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, DO NOT USE ANY CHARGEPOINT SERVICES. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A CORPORATION, PARTNERSHIP OR OTHER LEGAL ENTITY, THAT ENTITY REPRESENTS THAT YOU HAVE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS. IF YOU DO NOT HAVE SUCH AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, YOU MAY NOT ENTER INTO THIS AGREEMENT AND SUCH ENTITY MAY NOT USE THE CHARGEPOINT SERVICES. 1. AGREEMENT. 1.1 SCOPE OF AGREEMENT. This Agreement governs the following activities: any; (a) Provisioning of Subscriber's Charging Station(s), if any, on ChargePoint; (b) Activation and use of the ChargePoint Services on Subscriber's Charging Station(s), if (c) Subscriber's use of the APIs as part of the ChargePoint Services; (d) Each grant of Rights by Subscriber; and (e) Each grant of Rights by a third party to Subscriber. 1.2 EXHIBITS AND PRIVACY POLICY. This Agreement includes the CPI Privacy Policy, as amended from time to time, and the following Exhibits, which are made a part of, and are hereby incorporated into, this Agreement by reference. Exhibit 1: Flex Billing Terms Exhibit 2: API Terms Exhibit 3: Terms Regarding Granting and Receipt of Rights In the event of any conflict between the terms of this Agreement on the one hand, and the Privacy Policy or any Exhibit on the other hand, this Agreement shall govern. Capitalized terms not otherwise defined in any Exhibit or the Privacy Policy shall have the same meaning as in this Agreement. 2. DEFINITIONS. The following terms shall have the definitions set forth below when used in this Agreement: 2.1 "Affiliate" means any entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity. "Control", for purposes of this definition, means direct or indirect ownership or control of fifty percent (50%) or more of the voting interests of the subject entity. 2.2 "APIs" means, individually or collectively, the application programming interfaces which are made available to Subscriber from time to time, as and when updated by CPI. 2.3 "ChargePoint Connections" shall have the meaning ascribed to it in the applicable data sheet. The term ChargePoint Connections shall also mean any successor service provided by CPI. Revised 6.19.17 Page 447 2.4 "ChargePoint" means the open -platform network of electric vehicle charging stations and the vehicle charging applications the network delivers, that is operated and maintained by CPI (as defined below) in order to provide various services to, among others, Subscriber and its employees. 2.5 "ChargePoint Services" means, collectively, the various cloud services offerings (including, without limitation, APIs and application Cloud Pians) made available for subscription by CPI. 2.6 "ChargePoint Application" means any of the applications established and maintained by CPI which will allow Subscriber to access ChargePoint Services. 2.7 "Charging Station" means the electric vehicle charging station(s) purchased by Subscriber, whether manufactured by CPI or by a CPI authorized entity, which are registered and activated on ChargePoint. 2.8 "Cloud Plan(s)" means subscription plans to the ChargePoint Services which are offered and sold by CPI from time to time, which vary according to their features, privileges and pricing. 2.9 "Content" means all data collected or maintained by CPI in connection with the operation of ChargePoint. 2.10 "CPI Marks" means the various trademarks, service marks, trade names, logos, domain names, and other distinctive brand features and designations used in connection with ChargePoint and/or CPI manufactured Charging Stations, including without limitation, ChargePoint. 2.11 "CPI Property' means (i) ChargePoint, (ii) the ChargePoint Services (including all Content), (iii) all data generated or collected by CPI in connection with the operation of ChargePoint and ChargePoint Services, (iv) the CPI Marks, (v) the ChargePoint Cards, and (vi) all other CPI -supplied material developed or provided by CPI for Subscriber use in connection with the ChargePoint Services. 2.12 "Documentation" means written information (whether contained in user or technical manuals, product materials, specifications or otherwise) pertaining to ChargePoint Services and/or ChargePoint and made available from time to time by CPI to Subscriber in any manner (including on-line). 2.13 "Effective Date" means the earlier of (a) the date that Subscriber electronically accepts this Agreement, or (b) the date of Subscriber's first use of the ChargePoint Services. 2.14 "Intellectual Property Rights" means all intellectual property rights, including, without limitation, patents, patent applications, patent rights, trademarks, trademark applications, trade names, service marks, service mark applications, copyrights, copyright applications, franchises, licenses, inventories, know-how, trade secrets, Subscriber lists, proprietary processes and formulae, all source and object code, algorithms, architecture, structure, display screens, layouts, inventions, development tools and all documentation and media constituting, describing or relating to the above, including, without limitation, manuals, memoranda and records. 2.15 "Malicious Code" means viruses, worms, time bombs, Trojan horses and all other forms of malicious code, including without limitation, malware, spyware, files, scripts, agents or programs. 2.16 "Party" means each of CPI and Subscriber. Page 2 of 27 Revised 6.19.19 Page 448 2.17 "Plr' means personally identifiable information regarding Subscriber or a User (e.g., name, address, email address, phone number or credit card number) that can be used to uniquely identify, contact or locate Subscriber or such User. 2.18 "Provisioning" means activating Charging Stations, warrantees and Cloud Plans on ChargePoint 2.19 "Rights" means the rights, authorizations, privileges, actions, information and settings within the ChargePoint Services which a Rights Grantor grants to an Rights Grantee, to enable such Rights Grantee to access, obtain and use certain portions of the ChargePoint Services and certain information available therein in the course of providing services to or on behalf of such Rights Grantor in connection with one or more of the Rights Grantor's Charging Stations. A Rights Grantor shall be deemed to have granted Rights to the entity that will be responsible for creating Subscriber's account and Provisioning Subscriber's Charging Stations. Such deemed grant may be terminated by Subscriber at any time. 2.20 "Subscriber" means the City of Rancho Cucamonga, a California municipal corporation. 2.21 "Subscriber Content and Services" means any content and/or services that a Subscriber provides or makes available to Users and/or the general public in connection with the ChargePoint Services, other than Content, ChargePoint Services and CPI Property. 2.22 "Subscriber Marks" means the various trademarks, service marks, trade names, logos, domain names, and other distinctive brand features and designations used by Subscriber in connection with its business and/or Charging Stations. 2.28 "Subscription Fees" means the fees payable by Subscriber for subscribing to any ChargePoint Services. 2.24 "Taxes" shall mean all present and future taxes, imposts, levies, assessments, duties or charges of whatsoever nature including without limitation any withholding taxes, sales taxes, use taxes, service taxes, value added or similar taxes at the rate applicable for the time being imposed by any national or local government, taxing authority, regulatory agency or other entity together with any penalty payable in connection with any failure to pay or any delay in paying any of the same and any interest thereon. 2.25 "Token(s)" means the serialized proof of purchase of a Cloud Plan that is used by CPI in connection with enabling Services and/or provisioning Charging Stations. 2.26 "User" means any person using a Charging Station. I AVAILABLE CHARGEPOINT SERVICES & CLOUD PLANS. A description of the various ChargePoint Services and Cloud Plans currently available for subscription is located on the CPI website. CPI may make other ChargePoint Services and/or Cloud Plans available from time to time, and may amend the features or benefits offered with respect to any ChargePoint Service or Cloud Plan at any time and from time to time. Subscription Fees are based on Subscriber's choice of Cloud Plan and not on actual usage of the Subscription. 4. CPI's RESPONSIBILITIES AND AGREEMENTS. Page 3 of 27 Revised 6.19.19 Page 449 4.1 OPERATION OF CHARGEPOINT. CPI agrees to provide and shall be solely responsible for: (i) provisioning and operating, maintaining, administering and supporting ChargePoint and related infrastructure (other than Subscriber's Charging Stations and infrastructure for transmitting data from Charging Stations to any ChargePoint operations center); (ii) provisioning and operating, maintaining, administering and supporting the ChargePoint Applications; and (iii) operating ChargePoint in compliance with all applicable laws. CPI will protect the confidentiality and security of PH in accordance with all applicable laws and regulations and the CPI Privacy Policy and acknowledges that it is responsible for the security of "cardholder data" (as that term is defined for purposes of the Payment Card Industry — Data Security Standards), if any, that CPI possesses, otherwise stores, processes or transmits on behalf of Subscriber or for any impact, if any, on the security of Subscriber's cardholder data environment. 4.2 LIMITATIONS ON RESPONSIBILITY. CPI shall not be responsible for, and makes no representation or warranty with respect to the following: (1) specific location(s) or number of Charging Stations now, or in the future, owned, operated and/or installed by persons other than Subscriber, or the total number of Charging Stations that comprise ChargePoint; (ii) continuous availability of electrical service to any of Subscriber's Charging Stations; (iii) continuous availability of any wireless or cellular communications network or Internet service provider network necessary for the continued operation by CPI of ChargePoint; (iv) availability of or interruption of the ChargePoint Network attributable to unauthorized intrusions; and/or (v) charging stations that are not registered with and activated on the ChargePoint Network. 4.3 PROTECTION OF USER CONTENT. Without limiting CPI's obligation of confidentiality as further described herein, CPI shall be responsible for establishing and maintaining a data privacy and information security program, including physical, technical, administrative, and organizational safeguards, that is designed to meet industry standard data protection protocols. At all times, CPI shall comply with the requirements of the California Information Practices Act of 1977, California Civil Code Section 1798, et seq., including California Civil Code Section 1798.82 which, among other actions, requires all businesses possessing or controlling specified personal information to notify those persons whose unencrypted personal information has been accessed without authorization. Additionally, CPI shall comply with all requirements of applicable privacy laws, including, to the extent applicable, the EU General Data Protection Regulation. In the event of any act, error or omission, negligence, misconduct, or breach that compromises the security, confidentiality, or integrity of any PIE relating to any User ("I'll Content"), including any cardholder data, or the physical, technical, administrative, or organizational safeguards put in place by CPI that relate to the protection of the security, confidentiality, or integrity of PH Content, and/or that results in the identity theft and resulting financial loss suffered by any User, CPI shall, as applicable: (a) notify Subscriber as soon as practicable but no later than seventy-two (72) hours of becoming aware of such occurrence where unencrypted PH data was breached; (b) cooperate with Subscriber in investigating the occurrence, including making available reasonable records, logs, files, data reporting, and other materials required to comply with applicable law including, but not limited to, California Civil Code Section 1798.82; (c) in the case of PI in CPI's reasonable business judgment, notify the affected Users to whom the unencrypted PH relates, as soon as practicable Page 4 of 27 Revised 6.19.19 Page 450 but no later than is required to comply with applicable law (d) perform or take any other actions required to comply with applicable law as a result of the occurrence; and (e) indemnify, defend, and hold harmless Subscriber for any and all and liabilities arising out of CPI's failure to comply with this Section 4.3. provided that the obligation to indemnify Subscriber shall not occur should the security or data breach occur as a result of Subscriber's own negligence or willful misconduct. CPI's liability under the foregoing indemnity shall not exceed the limits of the cyber liability policy required by this Agreement to be maintained by CPI. 4.4 SUBSCRIBER CONTENT. In addition to protecting PH Content, as set forth in Section 4.3, above, CPI shall maintain and treat all Subscriber Content as confidential, except as otherwise expressly provided in this Agreement pursuant to the terms of the Privacy Policy. To the extent CPI makes any material change to the Privacy Policy, such notice shall electronically be provided to Subscriber. CPI shall provide no less than the same level of protection for Subscriber Content as it does for PH Content. CPI is granted a limited license to use Subscriber Content only to the extent necessary to provide the services required or authorized to be provided to Subscriber and Users and/or Rights Grantees by this Agreement as provided in the Privacy Policy. Subscriber Content shall not include Content. CPI is authorized to utilize Subscriber Content as Anonymized Data, provided that all such use shall be in accordance with the all applicable Laws, including Data Privacy Laws. "Anonymized Data" means aggregated, anonymized statistical data: (a) does not contain any PI1; (b) does not contain any data, information or traits (i) from which the identity of Subscriber, any of its Affiliates or any of their respective personnel, or Users may be ascertained, or (ii) that may identify Subscriber, any of its Affiliates, any of their respective personnel, as the source of any of any portion of such data, and (c) shall in no event reveal the identity of Subscriber, any of its Affiliates, or any other individual. For clarity, any use by CPI of PH or other User information or data collected by CPI or generated by CPI in connection with the performance of the ChargePoint Services (collectively, "User Data") shall be subject to the CPI Terms of Service entered into directly between CPI and the Users and shall be in accordance with the Privacy Policy. Notwithstanding anything to the contrary in the Agreement, CPI acknowledges and agrees that Subscriber: (A) disclaims all liability and responsibility for the content, accuracy, timeliness, completeness, availability or CPI's or any third party's use of the Anonymized Data, User Data, or any data used to generate the Anonymized Data; (B) makes no warranty, express or implied, concerning the the Anonymized Data, User Data, or data used to generate the Anonymized Data; and (C) CPI uses Anonymized Data and User Data at its own risk. 4.5 SERVICE LEVELS AND CREDITS. CPI will provide a minimum of 98% uptime (the "Uptime Guarantee") for all the hosted network components and functionality of the ChargePoint Services as measured on an annual basis, except for: (i) CPI Planned downtime, for which CPI does during low impact hours as to not interfere with Subscriber's utilization of the Cloud Services; (ii) Required repairs, for which CPI will provide Subscriber with written notice as soon as practicable and complete as quickly as commercially practicable; (iii) Any unavailability caused by a force majeure event as described in Section 11.3, in which case CPI will follow the requirements identified in this Agreement; and (iv) Any downtime caused by network connectivity issues outside the control of CPI. Subscriber may terminate this agreement for material breach if CPI does not meet the Uptime Guarantee for (i) any three consecutive month periods or (ii) for any five months within a twelve month period. Page 5 of 27 Revised 5.19.19 Page 451 4.6 RECORDS. The books, records, and documents of CPI, insofar as they relate to work performed or money received under this Agreement, shall be maintained for a period of four (4) years from the date of final payment and will be subject to audit The records shall be maintained in accordance with generally accepted accounting principles. Such audit shall occur no more frequently than once a calendar year and is subject to reasonable notice to CPI. 5. SUBSCRIBER'S RESPONSIBILITIES AND AGREEMENTS. S.1 GENERAL. (a) All use of ChargePoint and ChargePoint Services by Subscriber, its employees and agents and its grantees of Rights shall comply with this Agreement and all of the rules, limitations and policies of CPI set forth in the Documentation. All ChargePoint Services account details, passwords, keys, etc. are granted to Subscriber solely for Subscriber's own use (and the use of its grantees of Rights), and Subscriber shall keep all such items secure and confidential. Subscriber shall prevent, and shall be fully liable to CPI for, any unauthorized access to or use of ChargePoint or ChargePoint Services via Subscriber's Charging Stations, ChargePoint Services account(s) or other equipment. Subscriber shall immediately notify CPI upon becoming aware of any such unauthorized use. (b) Subscriber shall be solely responsible for: (i) Provisioning of its Charging Stations, if any; (ii) keeping Subscriber's contact information, email address for the receipt of notices hereunder, and billing address for invoices both accurate and up to date; (iii) updating on the applicable ChargePoint Application, within five (5) business days, the location to which any of Subscribers Charging Stations are moved; (iv) the maintenance, service, repair and/or replacement of Subscribers Charging Stations as needed, including informing CPI of the existence of any Charging Stations that are non -operational and not intended to be replaced or repaired by Subscriber; and (v) compliance with all applicable laws. (c) Subscriber shall deliver in full all benefits promised to Users by Subscriber in exchange for such Users connecting with Subscriber using ChargePoint Connections. 5.2 REPRESENTATIONS AND WARRANTIES OF SUBSCRIBER. Subscriber represents and warrants to CPI that: (i) it has the power and authority to enter into and be mound by this Agreement and shall have the power and authority to install the Charging Stations and any other electrical vehicle charging products which are registered and activated on the ChargePoint Network); (ii) the electrical usage to be consumed by Subscriber's Charging Stations will not violate or otherwise conflict with the terms and conditions of any applicable electrical purchase or other agreement including, without limitation, any lease, to which Subscriber is a party; and (iii) it has not installed or attached and will not install or attach Charging Stations on or to infrastructure not owned by Subscriber without proper authority, or in a manner that will block any easement or right of way without having lawful authority to do so. 5.3 CHARGEPOINT CARDS. Subscriber may be permitted by CPI, in CPI's sole discretion, to obtain CPI -provisioned radio-frequency identification cards ("ChargePoint Cards") which enable the individual card recipients to access and use ChargePoint. Subscriber may distribute such ChargePoint Cards to individuals, and each individual ChargePoint Card recipient is responsible for activating his or her ChargePoint Card on ChargePoint directly with CPI on the CPI web site. In no event will Subscriber create Page 6 of 27 Revised 6.19.19 Page 452 any separate ChargePoint accounts for any ChargePoint Card recipients or other third parties, nor will Subscriber create anonymous ChargePoint accounts associated with any ChargePoint Card. 5.4 USE RESTRICTIONS AND LIMITATIONS. Subscriber shall not: (a) sell, resell, license, rent, lease or otherwise transfer the ChargePoint Services or any Content therein to any third party; (b) interfere with or disrupt the ChargePoint Services, servers, or networks connected to the ChargePoint Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the ChargePoint Services; (c) restrict or inhibit any other user from using and enjoying the ChargePoint Services or any other CPI services; (d) attempt to gain unauthorized access to the ChargePoint Network or the ChargePoint Services or related systems or networks or any data contained therein, or access or use ChargePoint or ChargePoint Services through any technology or means other than those provided or expressly authorized by CPI; (e) create any ChargePoint Services user account by automated means or under false or fraudulent pretenses, or impersonate another person or entity on ChargePoint, or obtain or attempt to obtain multiple keys for the same URL; (f) reverse engineer, decompile or otherwise attempt to extract the source code of the ChargePoint Services or any part thereof, or any Charging Station, except to the extent expressly permitted or required by applicable law; (g) create derivative works based on any CPI Property; (h) remove, conceal or cover the CPI Marks or any other markings, labels, legends, trademarks, or trade names installed or placed on the Charging Stations or any peripheral equipment for use in connection with Subscriber's Charging Stations; (1) except as otherwise expressly permitted by this Agreement or in any applicable data sheet relating to a ChargePoint Service, copy, frame or mirror any part of the ChargePoint Services or ChargePoint Content, other than copying or framing on Subscriber's own intranets or otherwise solely for Subscriber's own internal business use and purposes; (j) access ChargePoint, any ChargePoint Application or the ChargePoint Services for the purpose of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purpose, or for any improper purpose whatsoever, including, without limitation, in order to build a competitive product or service or copy any features, functions, interface, graphics or "look and feel;" (k) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the ChargePoint Services or Content or collect information about ChargePoint users for any unauthorized purpose; Page 7 of 27 Revised 6.19.19 Page 453 (1) upload, transmit or introduce any Malicious Code to ChargePoint or ChargePoint Services; (m) use any of the ChargePoint Services if Subscriber is a person barred from such use under the laws of the United States or of any other jurisdiction; or (n) use the ChargePoint Services to upload, post, display, transmit or otherwise make available (A) any inappropriate, defamatory, obscene, or unlawful content; (B) any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party; (C) any messages, communication or other content that promotes pyramid schemes, chain letters, constitutes disruptive commercial messages or advertisements, or is prohibited by applicable law, the Agreement or the Documentation. 5.5 CONTENT. (a) ChargePoint Content (including but not limited to Charging Station data and status) is provided for planning purposes only. Subscriber may find that various events may mean actual Charging Station conditions (such as availability or pricing) differ from what is set forth in the Content. In addition, certain Charging Station -related Content, including Charging Station name and use restrictions, is set by the Charging Station owner and is not verified by CPI. Subscriber should exercise judgment in Subscriber's use of the Content. (b) Certain Content may be provided under license from third parties and is subject to copyright and other intellectual property rights of such third parties. Subscriber may be held liable for any unauthorized copying or disclosure of such third party -supplied Content. Subscriber's use of such Content may be subject to additional restrictions set forth in the Documentation. (c) Subscriber shall not copy, modify, alter, translate, amend, or publicly display any of the Content except as expressly permitted by the Documentation. Subscriber shall not present any portion of the Content in any manner, that would (1) make such Content false, inaccurate or misleading, (ii) falsify or delete any author attributions or labels of the origin or source of Content, or (iii) indicate or suggest that the Charging Station locations provided as part of the Content are anything other than ChargePoint Network Charging Stations. (d) Subscriber shall not remove, obscure, or alter in any manner any proprietary rights notices (including copyright and trademark notices), warnings, links or other notifications that appear in the ChargePoint Service. 6. SUBSCRIPTION FEES AND PAYMENT TERMS. 6.1 SUBSCRIPTION FEES. Subscriber shall pay all Subscription Fees within thirty (30) days of its receipt of CPI's invoice. All payments shall be made in U.S. Dollars by check, wire transfer, ACH payment system or other means approved by CPI. Provided CPI is not then in breach of this Agreement, Customer Page 8 of 27 Revised 6.19.19 Page 454 may not offset any amounts due to CPI hereunder against amounts due to Customer under this Agreement or any other agreement. Subscription Fees payable to CPI do not include any Taxes imposed thereon, and Subscriber is responsible for any and all such Taxes. All such Taxes shall be set forth on the invoice provided by CPI to Subscriber; provided that, CPI's failure to include any such Tax on an invoice shall not relieve Subscriber's liability therefor. All payment obligations under this Agreement are non- cancelable and non-refundable provided CPI is not then in breach of this Agreement and further provided Subscriber and/or Users are not enjoined from using any of the services paid for by Subscriber as a result of any claim of infringement of any intellectual or proprietary property right. 6.2 LATE PAYMENTS. Late payments shall be subject to a charge equal to the lesser of (i) one and one-half percent (1.5%) per month or (ii) the maximum rate permitted by law. Subscriber will reimburse CPI for attorneys' fees and other expenses reasonably incurred by CPI in the collection of any late payments. If any amount owing by Subscriber under this Agreement is more than thirty (30) days overdue, CPI may, without otherwise limiting CPI's rights or remedies, (a) terminate this Agreement, (b) suspend the use by Subscriber of the ChargePoint Services until such amounts are paid in full, and/or (c) condition future ChargePoint Service renewals and other Subscriber purchases on payment terms other than those set forth herein; provided that CPI shall not exercise any such rights if Subscriber has reasonably disputed such charges and is cooperating diligently in good faith to resolve the dispute. 7. INTELLECTUAL PROPERTY RIGHTS AND LICENSES. 7.1 CPI PROPERTY. As between CPI and Subscriber, CPI retains and reserves all right, title and interest (including all related Intellectual Property Rights) in and to the CPI Property and any improvements thereto. No rights are granted to Subscriber in the CPI Property hereunder except as expressly set forth in this Agreement. 7.2 SUBSCRIBER PROPERTY. As between CPI and Subscriber, Subscriber retains and reserves all right, title and interest (including all related Intellectual Property Rights) in and to (i) all Subscriber Marks and (ii) all Subscriber Content and Services (collectively, the "Subscriber Property"). No rights are granted to CPI in the Subscriber Property hereunder except as expressly set forth in this Agreement. 7.3 LIMITED LICENSE TO SUBSCRIBER. CPI hereby grants to Subscriber a royalty -free, non - assignable, non -transferable, and non-exclusive license to use the CPI Property solely in accordance with the terms of this Agreement (including without limitation all limitations and restrictions on such use) to the extent necessary for Subscriber to access, use and receive the ChargePoint Services as permitted herein. 7.4 LIMITED LICENSE TO CPI. Subscriber hereby grants to CPI a non -assignable, non- transferable, and non-exclusive license to use the Subscriber Property solely in accordance with the terms of this Agreement (including without limitation all limitations and restrictions on such use) to the extent necessary for CPI to provide the ChargePoint Services. Subject to Subscriber's prior, written approval, CPI may utilize the Subscriber Marks to advertise that Subscriber is using the ChargePoint Services. The foregoing license includes, for the duration of the Agreement, the right of CPI to reproduce, adapt, modify, translate, publicly perform, publicly display and distribute all Subscriber Content and Services submitted, Page.9 of 27 Revised 6.19.19 Page 455 posted or displayed by Subscriber in the ChargePoint Services, solely for the purpose of enabling CPI to operate, market and promote the ChargePoint Services, and to index and serve such Subscriber Content and Services as search results through ChargePoint Services. GPI shall have a royalty -free, worldwide, transferable, sublicensable, irrevocable perpetual license to use or incorporate in the ChargePoint Services any suggestions, enhancement requests, recommendations or other feedback provided by Subscriber or Subscriber Rights Grantees relating to the ChargePoint Services. 7.5 ADDITIONAL TERMS REGARDING CPI MARKS. (a) USE LIMITATIONS. Subscriber shall display the CPI Marks in connection with Subscriber Charging Stations as required in this Agreement during the term of Subscriber's Cloud Plan. Subscriber shall not use any of the CPI Marks for or with any products other than its Charging Stations. From time to time, CPI may provide updated CPI Mark usage guidelines on the ChargePoint Application or elsewhere in the Documentation, and Subscriber shall thereafter comply with such updated guidelines. For any use of the CPI Mark not authorized by such guidelines, or if no such guidelines are provided, then for each initial use of the CPI Mark, Subscriber must obtain CPI's prior written consent, which shall not be unreasonably withheld or delayed, and after such consent is obtained, Subscriber may use the CPI Mark in the approved manner. All use by Subscriber of CPI's Marks (including any goodwill associated therewith) will inure to the benefit of CPI. (b) PROHIBITIONS. Subscriber shall not use or display any CP1 Mark (or any likeness of a CPI Mark): (i) as a part of the name under which Subscriber's business is conducted or in connection with the name of a business of Subscriber or its Affiliates; (ii) in any manner that (x) implies a relationship or affiliation with CPI other than as described under the Agreement, (y) implies any sponsorship or endorsement by CPI, or (z) can be reasonably interpreted to suggest that any Subscriber Content and Services has been authored by, or represents the views or opinions of CPI or CPI personnel; (iii) in any manner intended to disparage CPI, ChargePoint, or the ChargePoint Services, or in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to CPI; (iv) in any manner that violates any law or regulation; or (v) that is distorted or altered in any way (including squeezing, stretching, inverting, discoloring, etc.) from the original form provided by CPI. (c) NO REGISTRATION OF CPI MARKS. Subscriber shall not, directly or indirectly, register or apply for, or cause to be registered or applied for, any CPI Marks or any patent, trademark, service mark, copyright, trade name, domain name or registered design that is substantially or confusingly similar to a CPI Mark, patent, trademark, service mark, copyright, trade name, domain name or registered design of CPI, or that is licensed to, connected with or derived from confidential, material or proprietary Page 10 of 27 Revised 6.19.19 Page 456 information imparted to or licensed to Subscriber by CPI. At no time will Subscriber challenge or assist others to challenge the CPI Marks (except to the extent such restriction is prohibited by law) or the registration thereof by CPI. (d) TERMINATION AND CESSATION OF USE OF CPI AND SUBSCRIBER MARKS. Upon termination of this Agreement, the Parties will immediately discontinue all use and display of the other Party's Marks. S. LIMITATIONS OF LIABILITY. 8.1 DISCLAIMER OF WARRANTIES. CHARGEPOINT AND THE CHARGEPOINT SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR SUBSCRIBER'S USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CPI DOES NOT WARRANT THAT (A) SUBSCRIBER'S USE OF THE CHARGEPOINT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE FROM ERROR, OR MEET SUBSCRIBER'S REQUIREMENTS; (B) ALL CONTENT AND OTHER INFORMATION OBTAINED BY SUBSCRIBER FROM OR IN CONNECTION WITH THE CHARGEPOINT SERVICES WILL BE ACCURATE AND RELIABLE; (C) ALL DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE CHARGEPOINT SERVICES WILL BE CORRECTED. ALL CONTENT OBTAINED THROUGH THE CHARGEPOINT SERVICES IS OBTAINED AT SUBSCRIBER'S OWN DISCRETION AND RISK, AND SUBSCRIBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER'S COMPUTER SYSTEM OR OTHER DEVICE, LOSS OF DATA, OR ANY OTHER DAMAGE OR INJURY THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT. 8.2 EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL CPI BE LIABLE FOR ANY LOST REVENUE OR PROFIT, LOST OR DAMAGED DATA, BUSINESS INTERRUPTION, LOSS OF CAPITAL, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE USE OF OR INABILITY TO USE THE CHARGEPOINT NETWORK, ANY CHARGEPOINT SERVICES, THIS AGREEMENT, A GRANT OR RECEIPT OF RIGHTS OR OTHERWISE OR BASED ON ANY EXPRESSED, IMPLIED OR CLAIMED WARRANTIES BY SUBSCRIBER NOT SPECIFICALLY SET FORTH IN THIS AGREEMENT. 8.3 ELECTRICAL, CELLULAR AND INTERNET SERVICE INTERRUPTIONS. Neither CPI nor Subscriber shall have any liability whatsoever to the other with respect to damages caused by: (i)electrical outages, power surges, brown -outs, utility load management or any other similar electrical service interruptions, whatever the cause; (ii) interruptions in wireless or cellular service linking Charging Stations to ChargePoint; (iii) interruptions attributable to unauthorized ChargePoint Network intrusions; (iv) interruptions in services provided by any Internet service provider not affiliated with CPI; or (v) the inability of a Charging Station to access ChargePoint as a result of any change in product offerings (including, without limitation, the any network upgrade or introduction of any "next generation" services) by any wireless or cellular carrier. This includes the loss of data resulting from such electrical, wireless, cellular or Internet service interruptions. Page 11 of 27 Revised 6.19.19 Page 457 8.4 LIMITATION OF LIABILITY. CPI's aggregate liability under this Agreement shall not exceed aggregate Subscription Fees paid by Subscriber to CPI in the twelve (12) calendar months prior to the event giving rise to the liability. 8.5 CELLULAR CARRIER LIABILITY. IN ORDER TO DELIVER THE CHARGEPONT SERVICES, CPI HAS ENTERED INTO CONTRACTS WITH ONE OR MORE UNDERLYING WIRELESS SERVICE CARRIERS (THE "UNDERLYING CARRIER"). SUBSCRIBER HAS NO CONTRACTUAL RELATIONSHIP WITH THE UNDERLYING CARRIER AND SUBSCRIBER IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN CPI AND THE UNDERLYING CARRIER. SUBSCRIBER UNDERSTANDS AND AGREES THAT THE UNDERLYING CARRIER HAS NO LIABILITY OF ANY KIND TO SUBSCRIBER, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. SUBSCRIBER HAS NO PROPERTY RIGHT IN ANY NUMBER ASSIGNED TO IT, AND UNDERSTANDS THAT ANY SUCH NUMBER CAN BE CHANGED. SUBSCRIBER UNDERSTANDS THAT CPI AND THE UNDERLYING CARRIER CANNOT GUARANTEE THE SECURITY OF WIRELESS TRANSMISSIONS, AND WILL NOT BE LIABLE FOR ANY LACK OF SECURITY RELATING TO THE USE OF THE CHARGEPOINT SERVICES. 8.6 ADDITIONAL RIGHTS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES AND/OR THE DISCLAIMER OF IMPLIED WARRANTIES AS SET FORTH IN THIS SECTION 8, ONE OR MORE OF THE ABOVE LIMITATIONS MAY NOT APPLY; PROVIDED THAT, IN SUCH INSTANCES, CPI's LIABILTY AND/OR IMPLIED WARRANTIES GRANTED IN SUCH CASES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 8.7 Nothing in this Section 8 shall in any way be deemed to limit any obligation of indemnification by CPI as set forth in Section 4. 8.8 INSURANCE. (a) 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 and subcontractors. (b) Minimum Scope of Insurance: Unless otherwise approved by City, coverage shall be at least as broad as: a. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). b. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). c. Worker's Compensation insurance as required by the State of California, and Employer's Liability Insurance. (c) Minimum Limits of Insurance: Contractor shall maintain limits no less than: Page 12 of 27 Revised 6.19.19 Page 458 a. Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. Commercial General Liability Insurance or otherform with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. b. Automobile Liability: $2,000,000 per accident for bodily injury and property damage. c. 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. (d) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (e) Other Insurance Provisions: 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 or agency officials, are to be covered 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 or agency officials which are not also limitations applicable to the named insured. b. 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 or agency officials. Any insurance or self-insurance maintained by City, their officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of city or agency officials shall be excess of Contractor's insurance and shall not contribute with it. c. 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. d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled except after 30 days prior written notice by first Page 13 of 27 Revised 6.19.19 Page 459 class mail has been given to City (ten (10) days prior written notice for non- payment of premium). Contractor shall provide thirty (30) days written notice to City prior to implementation of a reduction of limits or material change of insurance coverage as specified herein. e. Each insurance policy, required by this clause shall expressly waive the insurer's right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city or agency officials. f. 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. g. 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. h. Specify that 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. L Other required insurance, endorsements, or exclusions as required by the City in any request for proposals applicable to this Agreement. (f) 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. 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. 8.9 INDEMNIFICATION. (a) Professional Services: In the connection with its professional services, the Contractor shall defend, hold harmless and indemnify City, and its elected officials, officers, employees, servants, volunteers, and agents serving as independent contractors in the role of city or agency officials, (collectively, "Indemnitees"), with respect to any and all damages, liabilities, losses, reasonable defense costs or expenses (collectively, "Claims"), including Page 14 of 27 Revised 6.19.19 Page 460 but not limited to liability for death or injury to any person and injury to any property, to the extent the same out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor or any of its officers, employees, subcontractors, Contractors, or agents in the performance of its professional services under this Agreement. Contractor shall reimburse all reasonable defense costs and expenses, including actual attorney's fees and experts' costs incurred in connection with such defense. (b) Other Indemnities. In connection with all Claims not covered by Section 12.1, the Contractor shall defend, hold harmless and indemnify the Indemnitees with respect to any and all 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 non- professional 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. (c) 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. (d) 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. (e) Survival. The provisions of this Section 12 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. 9. TERM, RENEWAL AND TERMINATION. 9.1 TERM OF AGREEMENT. This Agreement shall become effective on the Effective Date and shall continue until the expiration of all of Subscriber's Cloud Plans. 9.2 CLOUD PLAN TERM. Each Cloud Plan acquired by Subscriber shall commence as follows: Each Cloud Plan acquired for use with a new Charging Station will commence on the earlier to occur of (i) the date of Provisioning such new Charging Station, or (ii) one year from the date the Token(s) necessary for Provisioning such new Charging Station is made available to Subscriber or its installer. Upon expiration of the original term, this Agreement will renew automatically for successive one-year terms at the list price applicable thereto, subject to increases (not to exceed 5% annually) and Subscriber's right to Page 15 of 27 Revised 6.19.19 Page 461 terminate below Should the renewal be cancelled and subsequently be requested to be reinstated by Subscriber, reinstatement will be subject to the payment of Subscription Fees for any lapse period plus reasonable reinstatement fee. If, however, at any time after the original term Subscriber wishes to terminate a Cloud Plan that has been automatically renewed, Subscriber may do so by providing CPI thirty (30) days' written notice of cancellation and CPI will issue Subscriber a pro -rata refund of any funds paid for periods from the effective date of cancellation to the end of the auto -renewed term. Renewals of Cloud Plans will commence on the date of the expiration of the Subscription being renewed. All other Cloud Plans will commence on the date of activation of such Cloud Plans, but in no event more than one year after the date the Token(s) necessary for such activation is made available to Subscriber. Each Subscriber Cloud Plan shall continue for the applicable duration thereof, unless this Agreement is terminated earlier in accordance with its terms. 9.3 TERMINATION BY CPI. (a) This Agreement may be immediately terminated by CPI: (i) if Subscriber is in material breach of any of its obligations under this Agreement, and has not cured such breach within thirty (30) days (or within five (5) days in the case of any payment default) of Subscriber's receipt of written notice thereof; (ii) Subscriber becomes the subject of a petition in bankruptcy or any other proceeding related to insolvency, receivership, liquidation or an assignment for the benefit of creditors; (iii) upon the determination by any regulatory body that the subject matter of this Agreement is subject to any governmental regulatory authorization or review that imposes additional costs of doing business upon CPI; or (iv) as otherwise explicitly provided in this Agreement. Regardless of whether Subscriber is then in breach, CPI may, in its reasonable discretion, determine that it will not accept any renewal by Subscriber of its subscription to ChargePoint Services. In such case, this Agreement shall terminate upon the later of the expiration of all of Subscriber's subscriptions to ChargePoint Services. (b) CPI may in its discretion suspend Subscriber's continuing access to the ChargePoint Services or any portion thereof if (A) Subscriber has breached any provision of this Agreement, or has acted in manner that indicates that Subscriber does not intend to, or is unable to, comply with any provision of this Agreement; (B) such suspension is required by law (for example, due to a change to the law governing the provision of the ChargePoint Services); or (c) providing the ChargePoint Services to Subscriber could create a security risk or material technical burden as reasonably determined by CPI. CPI shall promptly provide written notice to Subscriber in the event CPI suspends the Services. 9.4 TERMINATION BY SUBSCRIBER. This Agreement may be immediately terminated by Subscriber without prejudice to any other remedy of Subscriber at law or equity: (i) if CPI is in material breach of any of its obligations under this Agreement, and has not cured such breach within thirty (30) days of the date of its receipt of written notice thereof, (ii) CPI becomes the subject of a petition in bankruptcy or any other proceeding related to insolvency, receivership, liquidation or an assignment for the benefit of creditors, or (iii) upon providing thirty (30) days prior written notice. Page 16 of 27 Revised 6.19.19 Page 462 9.5 REFUND OR PAYMENT UPON TERMINATION. Upon any termination of this Agreement for cause by Subscriber pursuant to Section 9.4(i), or by CPI pursuant to Section 9.3(a)(iii), CPI shall refund to Subscriber a pro -rata portion of any pre -paid Subscription Fees based upon the remaining Cloud Plan term. Upon any termination for any other reason, Subscriber shall not be entitled to any refund of any Subscription Fees as a result of such termination. Except as otherwise set forth in this Agreement, in no event shall any termination relieve Subscriber of any unpaid Subscription Fees due CPI for the Cloud Plan term in which the termination occurs or any prior Cloud Plan term, unless Subscriber terminates for an uncured breach by CPI. 9.6 SURVIVAL. Those provisions dealing with the Intellectual Property Rights of CPI, limitations of liability and disclaimers, restrictions of warranty, Applicable Law and those other provisions which by their nature or terms are intended to survive the termination of this Agreement will remain in full force and effect as between the Parties hereto regardless of the termination of this Agreement. 10. GENERAL. 10.1 AMENDMENT OR MODIFICATION. This Agreement cannot be modified except in a writing signed by both parties. 10.2 WAIVER. The failure of either Party at any time to enforce any provision of this Agreement shall not be construed to be a waiver of the right of such Party to thereafter enforce that provision or any other provision or right. 10.3 FORCE MAJEURE. Except with respect to payment obligations, neither CP1 nor Subscriber will be liable for failure to perform any of its obligations hereunder due to causes beyond such party's reasonable control and occurring without its fault or negligence, including but not limited to fire, flood, earthquake or other natural disaster (irrespective of such Party's condition of any preparedness therefore); war, embargo; riot; strike; labor action; any lawful order, decree, or other directive of any government authority that prohibits a Party from performing its obligations under this Agreement; material shortages; shortage of transport; and failures of suppliers to deliver material or components in accordance with the terms of their contracts. 10.4 ARBITRATION. This Agreement is to be construed according to the laws of the State of California, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods and any conflict of law provisions that would require application of another choice of law. Except with respect to any matter relating to Subscriber's violation of the intellectual property rights of CPI, and upon written agreement of the Parties, any dispute arising from or relating to this Agreement shall be arbitrated in the County of San Bernardino, California. The arbitration shall be administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures, and judgment on any award may be entered in any court of competent jurisdiction. If the Parties agree, a mediator may be consulted prior to arbitration. All claims shall be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. With respect to any matter Page 17 of 27 Revised 6.19.19 Page 463 relating to the intellectual property rights of CPI, such claim may be litigated in a court of competent jurisdiction in the County of San Bernardino. The prevailing party in any dispute arising out of this Agreement shall be entitled to reasonable attorneys' fees and costs. 10.5 NOTICE TO CALIFORNIA CUSTOMERS. (a) California's Low Carbon Fuel Standard ("LCFS") was enacted to ensure that the mix of fuels sold by California oil refiners and distributers meets applicable greenhouse gas emissions targets. California has a statewide goal to reduce carbon intensity of transportation fuels by at least 10% by 2020. (b) The ChargePoint Network can track the fueling of electric vehicles, which positively contributes to reducing California's carbon intensity. If applicable reporting requirements are met, LCFS credits are issued by the California Air Resources Board. An available LCFS credit may be claimed by certain owners and operators of electric vehicle charging stations, including both Subscriber and CPI. However, the LCFS credits are only available to one party, meaning any available credits may be claimed by either Subscriber or CPI, but not by both. CPI intends to claim available LCFS credits generated from use of the Charging Stations, but will not claim any available LCFS credits that Subscriber intends to claim. If Subscriber intends to claim the LCFS credits, it must engage in the reporting and other administrative obligations necessary to generate such credits. (c) Subscriber agrees that it will provide CPI with written notice of its intent to claim LCFS credits within ten (10) days of the date of the Effective bate. If Subscriber does not currently intend to claim the LCFS credits, but desires to do so at any time in the future, Subscriber may, by providing written notice to CPI, elect to claim LCFS credits generated thirty (30) days or more after the date of such notice. Subscriber represents and warrants to CPI that, in the absence of providing written notice, Subscriber will not claim any LCFS credits. All notices shall be provided by email to CPI at lcfsnotification@chargepoint.com. 10.6 NOTICES. Other than the notices required in Sections 11.5 and 11.6, any notice required or permitted by this Agreement shall be sent (a) if by CPI, via electronic mail to the address indicated by Subscriber in Subscriber's ChargePoint Services account; or (b) if by Subscriber, via electronic mail to mssa@chareeooint.com. 10.7 INJUNCTIVE RELIEF. Subscriber acknowledges that damages for improper use of the ChargePoint Services may be irreparable; therefore, CPI is entitled to seek equitable relief, including but not limited to preliminary injunction and injunction, in addition to all other remedies. 10.8 SEVERABILITY. Except as otherwise specifically provided herein, if any term or condition of this Agreement or the application thereof to either Party will to any extent be determined jointly by the Parties or by any judicial, governmental or similar authority, to be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to this Agreement, the Parties Page 18 of 27 Revised 6.19.19 Page 464 or circumstances other than those as to which it is determined to be invalid or unenforceable, will not be affected thereby. 10.9 ASSIGNMENT. Subscriber may not assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of CPI (not to be unreasonably withheld). In the event of any purported assignment in breach of this Section, CPI shall be entitled, at its sole discretion, to terminate this Agreement upon written notice given to Subscriber. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. CPI may assign its rights and obligations under this Agreement following not less than thirty (30) days' priorwritten notice to Subscriber. 10.10 NO AGENCY OR PARTNERSHIP. CPI, in the performance of this Agreement, is an independent contractor. In performing its obligations under this Agreement, CPI shall maintain complete control over its employees, its subcontractors and its operations. No partnership, joint venture or agency relationship is intended by CPI and Subscriber to be created by this Agreement. Neither Party has any right or authority to assume or create any obligations of any kind or to make any representation or warranty on behalf of the other Party, whether express or implied, orto bind the other Party in any respect whatsoever. 10.11 ENTIRE AGREEMENT. This Agreement (including the attached Exhibits) contains the entire agreement between the Parties with respect to the subject matter hereof and supersedes and cancels all previous and contemporaneous agreements, negotiations, commitments, understandings, representations and writings. All purchase orders issued by Subscriber shall state that such purchase orders are subject to all of the terms and conditions of this Agreement, and contain no other term other than the type of Cloud Plan, the number of Charging Stations for which such Cloud Plan is ordered, the term of such Cloud Plans and applicable Subscription Fees. To the extent of any conflict or inconsistency between the terms and conditions of this Agreement and any purchase order, the Agreement shall prevail. Notwithstanding any language to the contrary therein, no terms or conditions stated in any other documentation shall be incorporated into or form any part of this Agreement, and all such purported terms and conditions shall be null and void. 10.12 COPYRIGHT POLICIES. It is CPVs policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers. 10.13 THIRD PARTY RESOURCES. The ChargePoint Services may include hyperlinks to other websites or resources. CPI has no control over any web sites or resources that are provided by companies or persons other than CPI. Subscriber acknowledges and agrees that CPI is not responsible for the availability of any such web sites or resources, CPI does not endorse any advertising, products or other materials on or available from such web sites or resources, and CPI is not liable for any loss or damage that may be incurred by Subscriber as a result of any reliance placed by Subscriber on the completeness, accuracy or existence of any advertising, products, or other materials on, or available from, such websites or resources. Page 19 of 27 Revised 6.19.19 Page 465 10.14 COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute but one and the same document. 10.15 ENGLISH LANGUAGE AGREEMENT GOVERNS. Where CPI has provided Subscriber with a translation of the English language version of this Agreement, Subscriber agrees that the translation is provided for Subscriber's convenience only and that the English language version of this Agreement governs Subscriber's relationship with CPI. If there is any conflict between the English language version of this Agreement and such translation, the English language version will prevail. 10.16 GOVERNING LAW AND VENUE. The provisions of this Agreement shall be governed by the laws of the State of California. Venue for any legal action arising out of this Agreement shall be the San Bernardino County Superior Court, or the United States District Court, Central District, State of California. Subscriber: City of Rancho Cucamonga Name: John Gillison Title: City Manager Date: Address: 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Page 20 of 27 Revised 6.19.19 ChargePoint, Inc. Name• atha apl�p le: General Counsel Date: /G r // — Address: 254 E. Hacienda Ave Campbell, CA 95008 Page 466 EXHIBIT 1 FLEX BILLING TERMS This Exhibit sets forth certain additional terms and conditions ("Flex Billing Terms") pursuant to which Subscriber may charge Users fees for the use of Subscriber's Charging Stations. In order to charge such fees, Subscriber must subscribe to a Cloud Plan that includes CPI's management, collection and/or processing services related to such fees ("Flex Billing"). 1. DEFINITIONS. The following additional defined terms shall apply to these Flex Billing Terms: 1.1 "CPI Fees" means a fee, currently equal to ten percent (10%) of Session Fees, charged for a particular Session. CPI Fees are charged by CPI in exchange for its collection and processing of Session Fees on behalf of Subscriber. CPI will provide Subscriber with thirty (30) days prior written notice (which may include, without limitation, notice provided by CPI through its regular newsletter to Subscriber) of any increase in CPI Fees which increase shall not exceed five percent (5%) per year. 1.2 "Net Session Fees" means the total amount of Session Fees collected on behalf of the Subscriber by CPI, less CPI Fees and Taxes, if any, required by law to be collected by CPI from Users in connection with the use of Charging Stations. Except as required by law, Subscriber shall be responsible for the payment of all Taxes incurred in connection with use of Subscriber's Charging Stations. 1.3 "Session" or "Charging Session" means the period of time during which a User uses Subscriber's Charging Station to charge his or her electric vehicle for a continuous period of time not less than two (2) minutes commencing when a User has accessed such Charging Station and ending when such User has terminated such access. 1.4 "Session Fees" means the fees set by the Subscriber for a Charging Session, inclusive of any applicable Taxes. 2. FLEX -BILLING SERVICE FOR CHARGING STATIONS. 2.1. SESSION FEES. Subscriber shall have sole authority to determine and set Session Fees. Subscriber shall be solely responsible for determining and charging Session Fees in compliance with all applicable laws and regulations (including without limitation any restriction on Subscriber's use of per - kWh pricing). Subscriber acknowledges that CPI is not responsible for informing Subscriber of applicable laws or changes thereto, and CPI will not be liable to Subscriber or any third party for any alleged or actual failure of Subscriber to comply with such applicable laws and regulations. 2.2 DEDUCTIONS FROM SESSION FEES. In exchange for CPI collecting Session Fees on behalf of the Subscriber, the Subscriber hereby authorizes CPI to deduct from all Session Fees collected: (i) CPI Fees and (ii) to the extent required by Section 3, applicable Taxes. Page 21 of 27 Revised 6.19.19 Page 467 2.3 PAYMENT TO SUBSCRIBER OF NET SESSION FEES. CPI will remit Net Session Fees to Subscriber, not less than quarterly, provided that the amount due to Subscriber hereunder is at least two hundred and fifty U.S. Dollars ($250) (or, if Subscriber is located in Canada, two hundred and fifty Canadian dollars) or more. Notwithstanding, the foregoing, CPI shall remit any unpaid Net Session Fees, regardless of the amount, to Subscriber at least annually and within thirty (30) days of the expiration or termination of this Agreement. All payments shall be made by ACH. In order to facilitate such payments, Subscriber agrees to provide to CPI, or its payment provider, Subscriber's bank information to enable electronic remittance of the Net Session Fees. If the Subscriber requests payment in a manner other than ACH (e.g., check or wire transfer), Subscriber agrees to bear the reasonable costs related to such request. 3. TAXES. if applicable, Subscriber is responsible for setting pricing on a Tax inclusive basis. CPI is not responsible for remittance of any Taxes on behalf of Subscriber and Subscriber shall be responsible to report and remit any and all applicable taxes whether state, federal, provincial or otherwise; provided that CPI is solely responsible for all Taxes assessable based on CPI's income, property and employees. Where CPI is required by law to collect and/or remit the Taxes for which Subscriber is responsible, the appropriate amount shall be invoiced to Subscriber and deducted by CPI from Session Fees, unless Subscriber has otherwise provided CPI with a valid tax or regulatory exemption certificate or authorization from the appropriate taxing or regulatory authority. Page 22 of 27 Revised 6.19.19 Page 468 EXHIBIT 2 API TERMS This Exhibit sets forth certain additional terms and conditions ("API Terms") governing Subscriber's use of the APIs in connection with Subscriber's use of the ChargePoint Services. The API Terms are part of the Agreement, and all such use of the APIs remains subject to the Agreement terms. 1. ADDITIONAL DEFINITIONS. The following additional definitions shall apply to the API Terms. 1.1 "API implementation " means a Subscriber software application or website that uses any of the APIs to obtain and display Content in conjunction with Subscriber Content and Services. 1.2 "API Documentation" means all Documentation containing instructions, restrictions or guidelines regarding the APIs or the use thereof, as amended and/or supplemented by CPI from time to time. 1.3 "CPI Site Terms" means the Terms and Conditions displayed on CPI's website, governing use of CPI's website and the ChargePoint Services by visitors who are not Cloud Plan subscribers. 2. API USE. Subscriber may use the APIs as and to the extent permitted by Subscriber's Cloud Plan and the API Documentation, subject to the terms and conditions of the Agreement. 2.1 AVAILABLE APIs AND FUNCTION CALLS. The APIs give Subscriber access to information through a set of function calls. The particular APIs and API function calls made available by CPI from time to time (and the Content available through such APIs and function calls) will be limited by Subscriber's Cloud Plan, and Subscriber's particular Cloud Plan may not include all APIs and function calls then available from CPI. 2.2 USE AND DISPLAY OF CONTENT. Subscriber is permitted to access, use and publicly display the Content with Subscriber Content and Services in Subscriber's API Implementation, subject to the following requirements and limitations. (a) All Charging Station locations provided to Subscriber as part of the Content shall be clearly identified by Subscriber in Subscriber's API Implementation as ChargePoint Network Charging Stations and shall contain the Brand Identifiers required by the API Documentation. In no event shall Subscriber's API Implementation identify or imply that any Charging Station is a part of any network of charging stations other than ChargePoint. (b) Subscriber shall keep the Content used by Subscriber's API Implementation current with Content obtained with the APIs to within every forty eight (48) hours. Page 23 of 27 Revised 6.19.19 Page 469 (c) Content provided to Subscriber through the APIs may contain the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of CPI's business partners and/or other third party rights holders of Content indexed by CPI, which may not be deleted or altered in any manner. (d) Subscriber shall not: (i) pre -fetch, cache, or store any Content, except that Subscriber may store limited amounts of Content for the purpose of improving the performance of Subscriber's API Implementation if Subscriber does so temporarily, securely, and in a manner that does not permit use of the Content outside of the ChargePoint Service; (ii) hide or mask from CPI the identity of Subscriber's service utilizing the APIs, including by failing to follow the identification conventions listed in the API Documentation; or (iii) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. 2.3 REQUIRED INFORMATION. Subscriber must: (a) display to all viewers and users of Subscriber's API Implementation the link to the CPI Site Terms and Conditions as presented through the ChargePoint Services or described in the Documentation provided that nothing herein shall be deemed to supersede any provision of Subscriber's external link policy governing use of its website; (b) explicitly state in the use terms governing Subscriber's API Implementation that, by using Subscriber's AN Implementation, such viewers and users are agreeing to be bound by the CPI Site Terms; and (c) include in Subscriber's AN Implementation, and abide by, a privacy policy complying will all applicable laws; and (d) comply with all applicable laws designed to protect the privacy and legal rights of users of Subscriber's API Implementation. 2.4 REPORTING. Subscriber must implement reporting mechanisms, if any, that CPI requires in the API Documentation provided no local ordinance or policy, or State or federal laws or regulations, would be violated. 3. CPI BRANDING REQUIREMENTS AND RESTRICTIONS. Page 24 of 27 Revised 6.19.19 Page 470 3.1 MANDATORY CPI BRANDING. Subject to Section 3.2 below and the restrictions on use of CPl Marks set forth in the Agreement, Subscriber agrees that each page comprising Subscriber's AN Implementation will include a ChargePoint logo and will state that Subscriber's application or website is provided, in part, through the ChargePoint Services. 3.2 RESTRICTIONS. Subscriber shall not: (a) display any CPI Mark as the most prominent element on any page in Subscriber's API Implementation or Subscriber's website (except as used in connection with the display of Charging Stations); or (b) display any CPI Mark anywhere in Subscriber's API Implementation or on Subscriber's website if such display in Subscriber's API Implementation or website is prohibited by Subscriber's external link or other website policy, or if any of the same contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age. Page 25 of 27 Revised 6.19.19 Page 471 EXHIBIT 3 TERMS REGARDING GRANTING OF RIGHTS This Exhibit sets forth certain additional terms and conditions applicable to Rights Grantors and Rights Grantees regarding the granting of Rights ("Rights Terms"). The Rights Terms are part of the Agreement, and all use of the ChargePoint Services permitted pursuant to the Rights Terms remains subject to the Agreement. 1. ADDITIONAL DEFINITIONS. The following additional definitions shall apply. 1.1 "Rights Grantor" means Subscriber. 1.2 "Rights Grantee" means any person to whom Subscriber has granted Rights. For purposes of this Agreement, a Subscriber shall be deemed to have granted Rights to the entity assisting Subscriber with creating its account and initiating Subscriber's access to Services. 2. TERMS. This Section governs Subscriber's granting of Rights as a Rights Grantor. 2.1 LIMITED RIGHTS. A Rights Grantee's right to access and use the ChargePoint Services for and on behalf of a Rights Grantor is limited to the specific Rights granted by such Rights Grantor to such Rights Grantee. Such Rights may be limited according to the Cloud Plan(s) subscribed to by Subscriber. Subscriber may revoke Rights, or any portion thereof, it has granted to a Rights Grantee at will and such Rights will thereafter by terminated with respect to such Rights Grantee. In no event may Subscriber grant Rights in excess of those provided to it through the Cloud Plan(s) to which it has subscribed. 2.2 RESPONSIBILITY FOR AUTHORIZED USER. All use of the ChargePoint Services by a Rights Grantee exercising Rights granted by Subscriber shall be subject to the terms and conditions of the Agreement (including without limitation Subscriber's indemnification obligation pursuant to Section 10 thereof). Subscriber shall be responsible for the actions, omissions, or performance of such Rights Grantee while exercising any such Rights, as if such action, omission or performance had been committed by Subscriber directly. 2.3 NO AGREEMENT. Subscriber acknowledges and agrees that the ChargePoint Services merely enable a Rights Grantor to extend Rights to Rights Grantees. The mere extension of such Rights by a Rights Grantor to a Rights Grantee does not constitute an agreement between Rights Grantor and the Rights Grantee with respect to the granted Rights or the exercise of such Rights by the Rights Grantee. CPI does not, either through the terms of the Agreement or the provision of ChargePoint Services undertake to provide any such agreement. It is the responsibility of the Rights Grantor and the Rights Grantee to enter into such an agreement on terms mutually acceptable to each. CPI expressly undertakes no liability with respect to such an agreement and Rights Grantor fully and unconditionally releases CPI from any liability arising out of such an agreement. Further Rights Grantor agrees to indemnify and hold CPI, its officers, directors, agents, affiliates, distribution partners, licensors and suppliers harmless from and against any and all claims, actions, proceedings, costs, Page 26 of 27 Revised 6.19.19 Page 472 liabilities, losses and expenses (including, but not limited to, reasonable attorneys' fees) (collectively, "Claims") suffered or incurred lay such indemnified parties resulting from or arising out of such agreement. Page 27 of 27 Revised 6.19.19 Page 473 �!L- `mr-4 Electric Vehicle DC Fast Charger (DCFC) �CA Healthy Eating & Active Living riorities Community Connections & Safety Education & Family Support •�� Mental Health Economic development ' Clean Environment ' 1 Healthy Aging jDisaster Resiliency CITY OF RANCHO CUCAMONGA EV Friendly Community Efforts • Recognized as a Plug-in Electric Vehicle SOUTHERN ''• - "--�OCIATKIN OF GOVERNMENTS (P E V) Community i n 2012-2013 AND SOUTI/ER4 CALIFORNIA EDISON COMMEND The first City in the Inland Empire region! The Cite of Rancho Cucamonga _. - c T.11vFH1f1E(REVI READY The SB County EV Picture • In 2018 SB County had 8,095 Zero Emission Vehicles • 2025 projection is 44,846 Plug -In Electric Vehicles • Number of Plugs Needed by 2025 • Level 2 = 3,669 • DCFC = 310 0 Figure 3: Forecast Monthly 2ero-Emission Vehicle Market for San Bernardino County 454 400 r r r 350- r lu 300 r- r� ? 250 -- D y 200 2 150 1 100 50 0 A y0 �� ,1q ,y4 '40 ,k� .tiD r4D .ti0 ry0 �O �O ,�q ,1C ,�0 .10 ,ye Application Date —Plug-in Hybrid —Battery -Electric Fuel Cell Zero Emission Vehicles Source: California Departmeat of Motor Vehicles; Center for Sustoinable Energy, 2018 Current Infrastructure 35 Charging Stations i _ __ _ — a.pTCn Are 15 DC Fast Chargers ALTA LQ H,, :..v..... • 12 Tesla Red ark Victoria Ga • 3 Other Rano V-,Fo(,tNV 6d Cucamonga Jpland ■ ■ ■ Etiwanda Generating Station AuU 013 S- 0 —nm CALeV1 P • California Electric Vehicle Infrastructure Project • Goal of which is to provide incentives for a variety of stakeholders to install Level 2 and DC Fast Chargers. • Rebate program opened in late 2018 • DAC Apportionment = $80,000 Los Angeles Orange i00% 75% 50% 25% 0% Riverside San Bernardino rMICErM W ■ Remaining ■ Reserved ■ issued 36%offunds have been reserved forand issued to Disadvantaged Communities Highcharts_cum A minimum of 25% will be committed to Disadvantaged Communities within each county. 9 0 JJ t CITY OF RANCHO CUCAMONGA kl _ BODY. aST E9CHANINOONLY AVAIU dam• n i f I � awsea� 41 4db6,b g CITY OF RANCHO CUCAMONGA ChargePoint chargepoin+ • ChargePoint is widely - "- Tap your Chargepoint used throughout Cit -har e airy Y 0 g a Membership Card 1 and County .- DR • Unit has a digital screen Pay with Credit Card • Multiple ways to pay 1 99 A by calling 1-888-758-4389 r. hrgrpol;l i Use the Chargepoint Mobile App Continuing Efforts • Involved in SBCOG Countywide Zero -Emission Vehicle Readiness and Implementation Plan • Completed a March 2019 local survey in 1 sb cog What type of p ublic electric vehicle charging stations do you use? ,--d! 50 5144";9 • RC EV Readiness Plan is currently being developed oc ca+mare M Project Next Steps • Installation &Rebate Submittal Completed in December • Signage Installation &Outreach Campaign • Continue to develop the RC EV Readiness Plan to encourage EV ownership and a range of EV Charging options. DATE: November 6, 2019 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Michael Frasure, Building & Safety Services Manager SUBJECT: CONSIDERATION OF FIRST READING AND INTRODUCTION OF ORDINANCE NO. 956 ADOPTING THE 2019 EDITION OF THE CALIFORNIA BUILDING (MODEL)CODES AND 2018 EDITION OF THE INTERNATIONAL BUILDING CODES AND A REQUEST TO SET A DATE FOR A PUBLIC HEARING FOR THE PROPOSED ORDINANCE. RECOMMENDATION: It is recommended that the City Council adopt the 2019 California Model Codes and applicable 2018 International Codes by approving a first reading of the Ordinance and setting the date of December 4, 2019 for an advertised public hearing. A public hearing is required prior to the final adoption of the 2019 California Model Codes and applicable 2018 International Codes together with local amendments and standards. The effective date of the Ordinance would be January 1, 2020. Additionally, Monday, December 23, 2019 will be the last day to submit applications at City Hall and December 31, 2019 will be the last day to submit permit applications by electronic document submittal for projects designed under the current 2016 code standards. BACKGROUND: The California Building Standards Commission recently adopted the 2019 Edition of the California Building Codes, which is also known as the California Code of Regulations, Title 24 (CCR, T-24). The 2019 California Building Codes include the California Building Code, the California Plumbing Code, the California Mechanical Code, the California Electrical Code, the California Residential Code, the California Green Building Code, and the California Historical Building Code. The ordinance will bring all of the City's Building and Construction Regulations into compliance with the latest codes adopted by the California Building Standards Commission. Also required is the adoption of the 2018 International Pool and Spa Code and the International Property Maintenance Codes. Under State statute, specific referenced model codes must be adopted by the local jurisdictions within 180 days of the publication date of the model codes. The effective date for local enforcement of the new codes will be January 1, 2020. Additionally, any modifications made by local agencies to the technical regulations adopted by the California Building Standards Commission may only become effective if the local jurisdiction makes express findings of needs for changes due to local conditions. These modifications must be directly related to local climatic, geological, or topographical conditions in the form of an Ordinance and must be filed directly with the Building Standards Commission after its adoption. ANALYSIS: The 2019 California Building Codes are based on the International Building Code, Volumes 1 and 2, 2018 Edition, the International Residential Code, 2018 Edition, and the International Property Page 474 Maintenance Code, published by the International Code Council (ICC); California Green Building Code 2018 Edition, published by a joint effort of different State agencies; the 2018 International Pool and Spa Code published by the ICC and the American Association of Pool and Spa Professionals (APSP); the Uniform Plumbing and Mechanical Codes, 2018 Editions, published by the International Association of Plumbing and Mechanical Officials (IAMPO); and the National Electrical Code, 2017 Edition, published by the National Fire Protection Association (NFPA). The City has previously adopted a number of technical amendments to the building codes because of special local climatic, geological, and topographical conditions. All applicable past amendments are carried over into the new codes at this time. Examples of some major local code amendments are the requirements of high wind design criteria, Class A fire retardant roofing materials for new buildings built in the Very High Fire Hazard Severity Zones, soil reports for new construction due to the special conditions of soil in the City, etc. At the beginning of each municipal code section shown in the Ordinance, there are tables of the code sections which identify the local amendments. It should be noted that the amendments to the administrative provisions and regulations addressing elements of construction that are not regulated by the California Building Standards Commission do not need to meet the test of being necessary due to climatic, geological, or topographical conditions. FISCAL IMPACT: No new fees or changes to the current building permit fee structure are proposed as part of this building code adoption process. COUNCIL GOAL(S) ADDRESSED: ENHANCING PREMIER COMMUNITY STATUS AND PUBLIC SAFETY: The adoption of these codes will bring our building and construction regulations into compliance with the latest codes and is an excellent demonstration of local government with outstanding vision of maintaining up-to-date construction requirements and great public safety. ATTACHMENTS: Description Ordinance No. 956 Page 475 ORDINANCE NO. 956 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING BY REFERENCE THE 2019 CALIFORNIA BUILDING CODE, INCORPORATING THE "INTERNATIONAL BUILDING CODE, VOLUMES 1 AND 2",2018 EDITION, INCLUDING APPENDICES THERETO; THE 2019 CALIFORNIA RESIDENTIAL CODE, INCORPORATING THE "INTERNATIONAL RESIDENTIAL CODE", 2018 EDITION, INCLUDING APPENDICES THERETO; THE 2019 CALIFORNIA MECHANICAL CODE, INCORPORATING THE "UNIFORM MECHANICAL CODE", 2018 EDITION, INCLUDING APPENDICES THERETO; THE 2019 CALIFORNIA PLUMBING CODE, INCORPORATING THE "UNIFORM PLUMBING CODE", 2018 EDITION, INCLUDING APPENDICES THERETO; THE 2019 CALIFORNIA ELECTRICAL CODE, INCORPORATING THE "NATIONAL ELECTRICAL CODE", 2017 EDITION, INCLUDING ANNEXES THERETO; THE 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE INCLUDING APPENDICES THERETO; THE 2019 CALIFORNIA HISTORICAL BUILDING CODE", INCLUDING APPENDICES THERETO; THE 2019 CALIFORNIA REFERENCED STANDARDS CODE; THE 2018 INTERNATIONAL SWIMMING POOL AND SPA CODE; AND THE 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE, TOGETHER WITH CERTAIN AMENDMENTS, DELETIONS, ADDITIONS, EXCEPTIONS, AND PENALTIES, AND AMENDING TITLE 15 OF THE RANCHO CUCAMONGA MUNICIPAL CODE. A. RECITALS. (i) Government Code Section 50022.1, et seq., authorizes the adoption by reference of the Codes specified in the title of the Ordinance. (ii) At least one copy of each of said Codes certified as full, true and correct by the City Clerk of the City of Rancho Cucamonga have been filed in the Office of the City Clerk in accordance with the provisions of Government Code Section 50022.6. (iii) A duly noticed public hearing, as required by California Government Code Section 50022.3, has been conducted and concluded prior to the adoption of this Ordinance. (iv) All legal prerequisites to the adoption of this Ordinance have occurred. Page 476 ORDINANCE 19-956 Page 2 B. ORDINANCE. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga ordains as follows: SECTION 1: In all respects as set forth in the Recitals, Part A, of this Ordinance. SECTION 2: Chapters 15.04, 15.12, 15.14, 15.16, 15.20, 15.24, 15.26, 15.28, 15.30, 15.32 and 15.34 of Title 15 of the Rancho Cucamonga Municipal Code, entitled Buildings and Construction, are hereby amended as provided for herein, provided that said amendments shall not apply to or excuse any violation thereof occurring prior to the effective date of this Ordinance and provided further that the provisions of Title 15 as exist prior to the adoption of this ordinance shall continue to be applicable to construction for which permits have been issued prior to the effective date of this Ordinance. SECTION 3: Chapter 15.04 of Title 15 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "CHAPTER 15.04 CODES ADOPTION Sections: 15.04.010 Codes adoption. 15.04.020 Penalties. 15.04.030 Civil remedies available "Sec. 15.04.010 Codes adoption. The 2019 California Building Code, based on the "International Building Code, Volumes 1 and 2", 2018 Edition, including all appendices thereto; the 2019 California Residential Code, based on the "International Residential Code", 2018 Edition, including all appendices thereto; the 2019 California Mechanical Code, incorporating the "Uniform Mechanical Code", 2018 Edition; including all appendices thereto; the 2019 California Plumbing Code, incorporating the "Uniform Plumbing Code", 2018 Edition, including all appendices thereto; the 2019 California Electrical Code, incorporating the " National Electrical Code ", 2017 Edition; including all annexes thereto; the 2019 California Green Building Standards Code; the 2019 California Historical Building Code; the 2019 California Referenced Standards Code; the 2018 International Swimming Pool and Spa Code; and the 2018 International Property Maintenance Code; are hereby adopted by reference in their entirety and amended in Chapters 15.04, 15.12, 15.14, 15.16, 15.20, 15.24, 15.26, 15.28, 15.30, 15.32, and 15.34 herein, shall comprise the Building and Construction Regulations of the City of Rancho Cucamonga. Page 477 ORDINANCE 19-956 Page 3 15.04.020 Penalties. It shall be unlawful for any person, firm, partnership or corporation to violate any provision or to fail to comply with any of the requirements of this Title 15 or the secondary codes adopted hereby. Any person, firm, partnership or corporation violating any provision of this Title 15 or the secondary codes adopted hereby or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00 or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each person, firm, partnership or corporation shall be deemed guilty of separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Title 15 or the secondary codes adopted hereby is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this section. 15.04.030 Civil remedies available. The violation of any of the provisions of this Title 15 or the secondary codes adopted hereby shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances." SECTION 4: Chapter 15.12 of Title 15 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "CHAPTER 15.12 BUILDING CODE Sections: 15.12.005 Section [A]101.4 of Chapter 1, Division II amended — Referenced codes. 15.12.010 Section [A]105.2 of Chapter 1, Division II amended — Work exempt from permit. 15.12.020 Sections [A]113.1 and [A]113.3 of Chapter 1, Division II amended — Board of Appeals. 15.12.030 Sections [A]114.1 and [A]114.2 of Chapter 1, Division II amended - Violations 15.12.035 Section 710A.3.3 amended - Detached miscellaneous structures 15.12.040 Section 903 amended — Automatic sprinkler systems. 15.12.050 Table 1505.1 amended — Minimum roof covering classification for types of construction. Page 478 ORDINANCE 19-956 Page 4 15.12.060 Section 1609.3 amended — Basic design wind speed. 15.12.065 Section 1803.5.11 amended — Seismic design categories C through F. 15.12.070 Section 3109.2 added — California Swimming Pool Act. 15.12.080 Section J101 of Appendix J amended — Scope. 15.12.090 Section J101.1 of Appendix J amended — Special requirements for hazardous conditions. 15.12.100 Section J103.2 of Appendix J amended — Exemptions. 15.12.110 Section J104 of Appendix J amended — Permit application and submittal. 15.12.120 Section J105.1 of Appendix J amended — General. 15.12.130 Section J109.4 of Appendix J amended — Drainage across property lines. 15.12.135 Section J109.5 of Appendix J amended — Site and lot grading for drainage. 15.12.140 Section J110.3 of Appendix J amended — Temporary erosion control during grading. 15.12.150 Section J112.1 of Appendix J added — Protection of adjacent property. 15.12.160 Section J113.1 of Appendix J added — Dust control. 15.12.005 Section [A]101.4 of Chapter 1, Division II amended — Referenced codes. Sections [A]101.4.1, [A]101.4.2, [A]101.4.3, [A]101.4.4 are deleted. 15.12.010 Section [A]105.2 of Chapter 1, Division II amended - Work exempt from permit. Section [A]105.2 of the Building Code is hereby amended by amending item 2 to read as follows: 2. Wood, chain-link, plastic, metal or similar fences not over 6 feet in height or masonry, concrete fence not over 3 feet in height above the lowest adjacent grade. 5.12.020 Section [A]113.1 of Chapter 1, Division II amended — Board of Appeals. Section [A]113.1 of Chapter 1, Division II is hereby amended to read as follows: Page 479 ORDINANCE 19-956 Page 5 [A]113.1 General. In order to hear and decide appeals of orders, decisions or determination made by the Building Official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals consisting of 3 members and 2 alternates who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the jurisdiction. The Building Official shall be an ex officio member of and shall act as Secretary to said Board but shall have no vote on any matter before the Board. The Board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official. 15.12.030 Sections [A]114.1 and [A]114.2 of Chapter 1, Division II amended - Violations Sections [A]114.1 and [A]114.2 of Chapter 1, Division II are hereby amended to read as follows: [A]114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish, occupy or maintain any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. [A]114.2 Notice of violation. The Building Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving removal demolition, maintaining or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. 15.12.035 Accessory Structures. Section 710A.3.3 amended - Detached miscellaneous structures. Section 710A.3.3 is hereby amended to read as follows: 710A 3.3 Applicable detached miscellaneous structures that are installed at a distance of more than 3 feet but less than 50 feet from an applicable building shall be constructed of noncombustible materials or of ignition -resistant materials as described in Section 704.A.2. 15.12.040 Section 903 amended — Automatic Sprinkler Systems. Amendments to Section 903 shall be those amendments adopted by the City and/or the Rancho Cucamonga Fire Protection District for Section 903 of the 2019 California Fire Code — Automatic Sprinkler Systems, all of which are incorporated by reference herein. 15.12.050 Table 1505.1 amended — Minimum roof covering classification for types of construction. Table 1505.1 is hereby amended to read as follows: Page 480 ORDINANCE 19-956 Page 6 Table 1505.1 Minimum Roof Covering Classification for different types of construction for new buildings, re -roofs or additions. IA IB IIA IIB IIIA IIIB IV VA VB A A A A A A B* B* B* *See Section 1505.1.1 for Class A Roof Coverings in Very -High Fire Hazard Severity 15.12.060 Section 1609.3 amended — Basic design wind speed. Section 1609.3 is hereby amended by adding a sentence at the end of the section to read as follows: The basic wind speed used in the City is 96 miles per hour and Vasd is 75 miles per hour with Exposure C as described in Section 1609.4.3 shall be used. 15.12.065 Section 1803.5.11 amended — Seismic design categories C through F. Section 1803.5.11 is hereby amended by adding a sentence at the end of the section to read as follows: The geotechnical investigation shall be conducted for all new structures or additions to existing buildings where the addition is more than 50% of the existing floor area. Any geotechnical reports that are more than 3 years old shall be required to submit an updated geotechnical report. 15.12.070 Section 3109.2 added — California Swimming Pool Act Section 3109.2 is hereby added to read as follows: 3109.2 One (1) of the seven (7) drowning prevention safety features must be an enclosure that meets the requirements of Section 115923 of the California Swimming Pool Safety Act. The second required drowning prevention feature must be 1 (one) of the remaining 6 (six) features listed in Section 115923. 15.12.080 Section J101.1 of Appendix J amended — Scope. J101.1 Scope. The provisions of this chapter apply to grading, excavation and earthwork construction, including fills and embankments. Where conflicts occur between the technical requirements of this chapter and the geotechnical report, the geotechnical report shall govern. In addition, the designs of the work as described above need to meet the recognized and accepted civil and geotechnical engineering practices and principles. 15.12.090 Section J101 of Appendix J amended — Special requirements for hazardous conditions. Section J101.3 is hereby added to read as follows: Page 481 ORDINANCE 19-956 Page 7 J101.3 Special requirements for hazardous conditions. Whenever the Building Official determines that any existing excavation or embankment or fill on private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the Building Official, shall within the period specified therein repair or eliminate such excavation or embankment to eliminate the hazard and to be in conformance with the requirements of this code. 15.12.100 Section J103.2 of Appendix J - amended — Exemptions. Section J 103.2 is hereby amended to read as follows: J103.2 Exemptions: A grading permit is not required for the following: 1. When approved by the Building Official, grading in an isolated, self-contained area if there is no danger to private or public property. 2. An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than 5 feet (1524mm) after the completion of such structure. 3. Cemetery graves. 4. Refuse disposal sites controlled by other regulations. 5. Excavations for wells or tunnels or utilities. 6. Mining, quarrying, excavating, processing or stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property. 7. Exploratory excavations under the direction of soil engineers or engineering geologists. 8. An excavation that (1) is less than 2 feet (610mm) in depth or (2) does not create a cut slope greater than 5 feet (1524mm) in height and steeper than 1 unit vertical in 2 units horizontal. 9. A fill less than 1 foot (305mm) in depth and placed on natural terrain with a slope flatter than 1 unit vertical in 5 units horizontal (20% slope), or a cut less than 3 feet (914mm) in depth, not intended to support structures, or any soil work that does not disturb soil exceeding 50 cubic yards (38.3m) on any one lot and does not obstruct a drainage course. Page 482 ORDINANCE 19-956 Page 8 Exemption from the permit requirements of this Appendix shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this chapter or any other laws or ordinances of this jurisdiction. 15.12.110 Section J104 of Appendix J amended — Permit application and submittal. Sections J 104.5 and J 104.6 are hereby added to read as follows: J104.5 Plan Information. In addition to the requirements in Section J104.2, the permittee shall provide other technical information as required by the Building and Safety Department's hand- outs, policies and standards. J104.6 As -built plans. The permittee shall provide a copy of as -built plans to the City for a permanent record at the end of the approved grading work. 15.12.120 Section J105.1 of Appendix J amended — General. Section J 105.1 is hereby amended to read as follows: J105.1 General. Inspections shall be governed by Section 110, Chapter 1, Division II of this code and other requirements established by approved policies and procedures of the Building and Safety Department. An engineer shall provide grading inspections and certifications for the work done at the site. 15.12.130 Section J109.4 of Appendix J amended — Drainage across property lines. Section J109.4 is amended by adding the following to the end of the section as follows: For Single Family Lot Drainage: 1. Whenever possible, drainage from single family lots shall flow directly to a street. 2. If it should be determined necessary to allow offsite drainage to flow through a single family lot (to preserve down lot views, esthetics, accept flow from offsite property, etc.), the following shall apply: a. Drainage from only one lot shall flow through only one other lot. b. A drainage easement shall be provided/obtained over the lot accepting the drainage. c. The drainage shall be contained within either a concrete/rock lined swale or reinforced concrete pipe. d. The drainage facility shall be designed with excess capacity to account for the probable lack of necessary maintenance. Therefore, it shall be designed to convey Page 483 ORDINANCE 19-956 Page 9 two times the runoff from a 100 -year storm with the minimum diameter for a pipe being 12 inches. 15.12.135 Section J109.5 of Appendix J amended — Site and lot grading for drainage. Section J 109.5 is hereby added to read as follows: The site or lot grading shall meet the requirements as specified in Section 1804.4 - Site Grading of the California Building Code Volume 2. 15.12.140 Section J110.3 of Appendix J amended — Temporary erosion control during grading. Section J1 10.3 is hereby added to read as follows: J110.3 Temporary erosion control during grading work. The permittee shall put into effect and maintain all precautionary measures necessary to protect adjacent watercourses and public or private property from damage by erosion, flooding, and deposition of mud or debris origination from the site during the grading operation regardless of lot size. 15.12.150 Section J112.1 of Appendix J added — Protection of adjacent property. Section J112 is hereby added to read as follows: Section J112.1 Protection of adjacent property. J112.1 General. During grading operations, the permittee shall be responsible for the prevention of damage to adjacent property and no person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley, or other public or private property without supporting and protecting such property from settling, cracking, or other damage which might result. 15.12.160 Section J113.1 of Appendix J added — Dust control. Section J 113.1 is hereby added to read as follows: Section J113.1 Dust control. J113.1 General. The owner of the site or the project contractor shall put into effect and maintain all precautionary measures necessary to prevent dust blowing from the site to adjacent properties. Prior to the permit issuance, a dust control sign and required contact information as required by the department's policy shall be installed at the site." Page 484 ORDINANCE 19-956 Page 10 SECTION 5: Chapter 15.14 of Title 15 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "CHAPTER 15.14 RESIDENTIAL CODE Sections: 15.14.010 Section R105.2 of Chapter 1, Division II amended — Work exempt from permit. 15.14.020 Section 1.8.8.1 of Chapter 1, Division I amended — Board of Appeals. 15.14.030 Sections R113.1 and R113.2 of Chapter 1, Division II amended- Violations. 15.14.040 Section R301.2.1 amended — Wind design criteria. 15.14.050 Section R401.4.1 amended — Geotechnical evaluation. 15.14.060 Section R902.1 amended — Roofing covering materials. 15.14.070 Appendices deleted. 15.14.010 Section R105.2 of Chapter I, Division II amended — Work exempt from permit. Section R105.2 of the Residential Code is herebyamended by amending items 1 and 2 and adding new items 11 and 12 to readasfollows: 1. One-story detached accessory structure used as tool and storage sheds playhouses and similar uses, provided the floor area does not exceed 120 square feet and 8 feet in maximum height as long as the structure is not located in required setbacks as determined by the Planning Department. 2. Wood, chain-link, plastic, metal or similar fences not over 6 feet in height or masonry, concrete fence not over 3 feet in height above the lowest adjacent grade. 11. Flag pole not to exceed 20 feet in height above ground in a residential lot. 12. Non -fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches in height. 15.14.020 Section 1.8.8.1 of Chapter 1, Division I amended — Board of Appeals. Section 1.8.8.1 of Chapter 1, Division I is hereby amended to read as follows: 1.8.8.1 General. In order to hear and decide appeals of orders, decisions or determination made by the Building Official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals consisting of 3 members and 2 alternates who are qualified by Page 485 ORDINANCE 19-956 Page 11 experience and training to pass on matters pertaining to building construction and who are not employees of the jurisdiction. The Building Official shall be an ex officio member of and shall act as Secretary to said Board but shall have no vote on any matter before the Board. The Board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official. 15.14.030 Sections R113.1 and R113.2 of Chapter I, Division II — amended — Violations. Sections R113.1 and R113.2 of Chapter 1, Division II are hereby amended to read as follows: R113.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish, occupy or maintain any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. R113.2 Notice of violation. The Building Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving removal demolition, maintaining or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. 15.14.040 Section R301.2.1 amended — Wind design criteria. Section R301.2.1 is hereby amended to by adding a sentence at the end of the section to read as follows: The ultimate design wind speed used in the City is 110 miles per hour for Vult and Vasd is 85 miles per hour with Exposure C as described in Section R301.2.1.4. 15.14.050 Section R401.4.1 amended — Geotechnical evaluation. Section R401.4.1 is hereby amended by adding a sentence at the end of the section to read as follows: A geotechnical or soil report is required for the new construction or when an addition is more than 50% of the existing floor area. Any reports that are more than 3 years old shall be required to provide an updated report or a soil letter. 15.14.060 Section R902.1 amended - Roofing covering materials. Section R902.1 is hereby amended to read as follows: Roofs shall be covered with materials as set forth in Sections R904 and R905. A minimum Class A or B roofing shall be installed in areas designated by this section. Class A or B roofing required by this section to be listed shall be tested in accordance with UL 790 or ASTM E 108. Page 486 ORDINANCE 19-956 Page 12 Minimum Roof Covering Classification for different types of construction for new buildings, re roofs or additions except for the construction of roofs in very High Fire Hazard Zones. IA IB IIA IIB IIIA IIIB IV VA VB A A A A A A B* B* B* *See Section R902.1.1 for Class A Roof Coverings in Very -High Fire Hazard Severity 15.14.07 Appendices deleted. Appendices A, B, C, D, E, F, I, J, K, L, M, N, O, P, Q, R, S, T, and W of the California Residential Code are hereby deleted." SECTION 6: Chapter 15.16 of Title 15 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "CHAPTER 15.16 MECHANICAL CODE Sections: 15.16.010 Section 104.5 of Chapter 1, Division II amended — Permit fees. 15.16.020 Table 104.5 of Chapter 1, Division II deleted — Mechanical permit fees. 15.16.030 Section 107.1 of Chapter 1, Division II amended — General. 15.16.010 Section 104.5 of Chapter 1, Division II amended - Permit fees. Section 104.5 of the Mechanical Code is hereby amended to read as follows: 104.5 Permit Fees. The fee for each permit shall be as established by Resolution of the City Council. 15.16.020 Table 104.5 Deleted - Mechanical permit fees. Table 104.5 of the Mechanical Code is hereby deleted. 15.16.030 Section 107.1 of Chapter 1, Division II amended - General. Section 107.1 of the Mechanical Code is hereby amended to read as follows: Page 487 ORDINANCE 19-956 Page 13 107.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals consisting of 3 members and 2 alternates who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the jurisdiction. The Building Official shall be an ex officio member of and shall act as Secretary to said Board but shall have no vote on any matter before the Board. The Board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official." SECTION 7: Chapter 15.20 of Title 15 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "CHAPTER 15.20 PLUMBING CODE Sections: 15.20.010 Section 107.1 of Chapter 1, Division II amended — Board of Appeals. 15.20.020 Section 104.5 amended - Fees. 15.20.030 Table 104.5 deleted - Plumbing permit Fees. 15.20.040 Appendix L deleted. 15.20.050 Section 609.3.1 added — Under concrete slab. 15.20.060 Section H701.2 amended — Multiple installations. 15.20.010 Section 107.1 of Chapter 1, Division II amended — Board of Appeals. Section 107.1 is hereby amended to read as follows: 107.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals consisting of 3 members and 2 alternates who are qualified by experience and training to pass upon matters pertaining to building construction and who are not employees of the jurisdiction. The Building Official shall be an ex officio member of and shall act as Secretary to said Board but shall have no vote on any matter before the Board. The Board Page 488 ORDINANCE 19-956 Page 14 shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official. 15.20.020 Section 104.5 amended - Fees. Section 104.5 is hereby amended to read as follows: 104.5 Fees. The fee for each permit shall be as established by Resolution of the City Council. 15.20.030 Table 104.5 deleted - Plumbing permit fees. Table 104.5 is hereby deleted. 15.20.040 Appendix L deleted. Appendix L is hereby deleted. 15.20.050 Section 609.3.1 added — Under concrete slab. 609.3.1 is hereby added to read as follows: 609.3.1 Copper tubing serving plumbing fixtures within dwelling unit kitchen islands shall be installed without joints and the installation shall satisfy the following requirements. 1. The copper tubing shall be installed within a watertight continuous sleeve that prevents direct contact between the copper tubing and underslab soils. During construction the protective sleeve shall be capped at both ends until the copper tubing is installed and released for inspection. 15.20.060 Section H701.2 Amended — Multiple Installations. Section H701.2 is hereby amended to read as follows: H701.2 Multiple Installations. Multiple seepage pit installations shall be served through an approved distribution box. The inlet into the pit shall have an approved vented leg fitting extending not less than 12 inches below the inlet fitting." SECTION 8: Chapter 15.24 of Title 15 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: Page 489 ORDINANCE 19-956 Page 15 "CHAPTER 15.24 ELECTRICAL CODE Sections: 15.24.010 Section 89.108.4.5 amended — Permits, fees, applications and inspections. 15.24.020 Section 89.108.8.1 amended — Board of Appeals. 15.24.010 Section 89.108.4.5 amended —Permits, fees, applications and inspections. Section 89.108.4.5 is hereby added to read as follows: 89.108.4.5 Qualification of permittee. No person shall be issued a permit under this Chapter until a valid California Contractor's License of the correct classification is presented to the Building Official. Exception: Owner -builder permit may be issued for Group R, Division 3, or Group U occupancy with the approval of the Building Official. 15.24.020 Section 89.108.8.1 amended — Board of Appeals. Section 89.108.8.1 is hereby amended to read as follows: 89.108.8.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals consisting of 3 members and 2 alternates who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the jurisdiction. The Building Official shall be an ex officio member of and shall act as Secretary to said Board but shall have no vote on any matter before the Board. The Board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official." SECTION 9: Chapter 15.26 of Title 15 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "CHAPTER 15.26 GREEN BUILDING STANDARDS CODE 15.26.010 [Section reserved for future amendments.]" Page 490 ORDINANCE 19-956 Page 16 SECTION 10: Chapter 15.28 of Title 15 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "CHAPTER 15.28 REFERENCED STANDARDS CODE 15.28.010 [Section reserved for future amendments.]" SECTION 11: Chapter 15.30 of Title 15 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "CHAPTER 15.30 INTERNATIONAL SWIMMING POOL AND SPA CODE 15.30.010 [Section reserved for future amendments.]" SECTION 12: Chapter 15.32 of Title 15 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "CHAPTER 15.32 INTERNATIONAL PROPERTY MAINTENANCE CODE 15.32.010 Chapter 3 amended - General Requirements 15.32.010 Chapter 3 General Requirements is amended by deletion of sections 302.4, 302.8, 303.2." SECTION 13: A new Chapter 15.34 is hereby added to Title 15 of the Rancho Cucamonga Municipal Code to read as follows: "CHAPTER 15.34 HISTORICAL BUILDING CODE 15.34.010 [Section reserved for future amendments.]" Page 491 ORDINANCE 19-956 Page 17 SECTION 14: Penalties. It shall be unlawful for any person, firm partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this Ordinance or the Codes adopted hereby. Any person, firm, partnership, or corporation violating any provision of this Ordinance or the Codes adopted hereby or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each person, firm, partnership or corporation shall be deemed guilty of separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Ordinance or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefore as provided in this Ordinance. SECTION 15: Civil remedies available. The violation of any of the provisions of this Ordinance or the Codes adopted hereby shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. SECTION 16: Severability. The City Council hereby declares that should any provision, section, paragraph, sentence or word of this Ordinance or the Code hereby adopted be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance and the Codes hereby adopted shall remain in full force and effect. SECTION 17: Effective date. This Ordinance shall take effect thirty (30) days after adoption, but no sooner than January 1, 2020. SECTION 18: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Rancho Cucamonga, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, AND ADOPTED this day of , 20 , Mayor ATTEST: Page 492 Janice C. Reynolds, City Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the day of 2019, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the day of 20_. Executed this day of California. 20_, at Rancho Cucamonga, Janice C. Reynolds, City Clerk Page 493 DATE: November 6, 2019 TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Ivan Rojer, Fire Chief Rob Ball, Fire Marshal SUBJECT: CONSIDERATION OF FIRST READING AND INTRODUCTION OF ORDINANCE NO. FD 57, ADOPTING THE 2019 CALIFORNIA FIRE CODE AND A REQUEST TO SET A DATE FOR A PUBLIC HEARING FOR THE PROPOSED ORDINANCE. RECOMMENDATION: Staff recommends the Board adopt Ordinance No. FD 57, the fire code adoption ordinance, by approving a first reading of the ordinance and setting the date of December 4, 2019 for an advertised public hearing for the code adoption ordinance. A public hearing is required prior to the final adoption of the 2019 California Fire Code together with local amendments and District standards, all of which will constitute the Fire Code of the Rancho Cucamonga Fire Protection District. BACKGROUND: Every three years, the State Fire Marshal adopts a new California Fire Code based on the model code provisions of the International Fire Code. When the State's code is adopted and made effective July 1st in the triennial cycle, city and county fire departments and fire districts have six months to make amendments and adopt the code at the local level. The Fire Code provisions become effective January 4, 2020. The code adoption process requires two readings of the proposed ordinance. Unlike most other ordinances, the public hearing for the fire code adoption ordinance is held in conjunction with the second reading of the ordinance in accordance with Section 13869 of the Health and Safety Code and Section 50022 of the Government Code. It is for this reason that the first reading is accompanied by a request for the Board to set a public hearing that coincides with the second reading of the ordinance at the Board meeting scheduled for December 4, 2019. ANALYSIS: This ordinance continues the Fire District's commitment to reducing risks, promoting a high quality of life, preserving economic vitality, and protecting the environment in Rancho Cucamonga. Consistent with the last four code adoption ordinances, the local amendments are minimal and are limited to those necessary to address the challenges inherent to Rancho Cucamonga's climate, geology, or topography as well as the fire and life safety values of the community. The Fire District is keenly aware that one of the primary ways of being a partner in this community's sustainable economic development is to simply implement at the local level the fire, health, and environmental protection provisions approved by the State Building Standards Commission and the State Fire Marshal. Page 494 Most of the amendments proposed by this ordinance are administrative in nature designed to support and facilitate the business operations of the Fire District. Other amendments provide some fine tuning to safety standards and do not significantly impact development, construction, or business operations and thus will not have an adverse financial impact on developers or businesses. Based on recommendations from the District's prosecuting attorney, the proposed ordinance also adds provisions that provide additional abilities to recover court costs and attorney's fees. The Fire District rarely uses the courts to gain compliance with fire prevention and life safety codes, but when persistent non-compliance has left us with no other options, those cases have come with a cost. The new provisions will allow the District to more fully recover the costs of court cases and put the cost burden of gaining compliance on the violator and not on general fund of the Fire District. FISCAL IMPACT: The ordinance will re -authorize the assessment of fees by the Fire District for inspections and permits. This authorization provides the mechanism for the inspection services to recover associated costs; however, the collection of most inspection and permit fees is currently being waived. The ordinance also re -authorizes the fees and fines for false and unwanted alarms, maintains the ability to issue administrative citations, and, as previously mentioned, improves the ability to recover costs of legal services. All of these elements of the ordinance are designed to ensure fiscal responsibility by maximizing cost recovery where is it appropriate. COUNCIL GOAL(S) ADDRESSED: This ordinance seeks to assist the Fire Board and the City Council in accomplishing the following goals: • Achieve and maintain a diverse and sustainable economic base. • Maintain local long-term fiscal sustainability. • Implement consistent high-quality standards for all future development. • Reduce threats to life and property through traditional and innovative public safety services and programs. • Protect residents, businesses, and employees from the potential hazards associated with the use, storage, transport, and disposal of hazardous materials in and through Rancho Cucamonga. • Protect wildlife habitats that support various plants, mammals, and other wildlife species. ATTACHMENTS: Description Attachment 1 - Ordinance Page 495 ATTACHMENT 1 ORDINANCE NO. FD 57 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT ADOPTING BY REFERENCE THE 2019 CALIFORNIA FIRE CODE, WITH ERRATA, TOGETHER WITH CERTAIN CHANGES, MODIFICATIONS, AMENDMENTS, ADDITIONS, DELETIONS, AND EXCEPTIONS; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES; AND REPEALING CONFLICTING ORDINANCES. The Board of Directors of the Rancho Cucamonga Fire Protection District hereby ordains as follows: SECTION 1. Repeal of Conflicting Ordinances Ordinance No. FD 56 of the Rancho Cucamonga Fire Protection District and any provisions of any District ordinance that are in conflict with the Fire Code hereby adopted are hereby repealed provided, however, that such repeal shall not affect or excuse any violation of either Ordinance or any such conflicting provisions, occurring prior to the effective date hereof. SECTION 2. Fire Code Adopted The Rancho Cucamonga Fire Protection District (hereinafter District or Fire District) hereby adopts by reference as the District's Fire Code, the 2019 California Fire Code as published by the California Building Standards Commission, with errata, including Appendix Chapter 4; Appendices A, B, BB, C, CC, H, I, N, and O; and Referenced Standards, with the changes, modifications, amendments, additions, deletions, and exceptions prescribed in Section 4 of this ordinance, and the same are hereby adopted for safeguarding of life, property, and the community from injury; fire; explosion; hazardous materials, substances, devices, conditions, processes, activities, operations, practices, and functions; environmental damage; and economic harm, and providing for the issuance of permits and the collection of fees. Each and all of the regulations, provisions, penalties, conditions, and terms of said Fire Code, a copy of which is on file in the office of the Secretary of the Board of Directors of the Fire District, are hereby referred to, adopted, and made a part hereof as if fully set out in this ordinance, subject only to the amendments and deletions herein. 2.1 Definitions. As used in the Fire Code, the terms set forth below are defined as follows: 2.1.1 The terms "Board of Directors" and "Directors" shall mean the governing body of the District. 2.1.2 The terms "department", "Department", "district", "District", "fire department", "fire district", "Fire District", "jurisdiction", and "Jurisdiction" where used in the Fire Code and this ordinance to identify the local fire authority shall mean the Rancho Cucamonga Fire Protection District. 2.1.3 The term "fire code official" shall mean the fire chief or his/her designee charged with the implementation, administration, and enforcement of the Fire Code. 2.1.4 The term "governing body" shall mean the Board of Directors of the District. Ordinance No. FD 57 Page 1 of 50 Page 496 ATTACHMENT 1 2.1.5 The term "jurisdiction" shall mean all of the territory, land, buildings, structures, and premises within the legal boundary of the District. 2.1.6 The term "Municipal Code" shall mean the Municipal Code of the City of Rancho Cucamonga. 2.2 Fees 2.2.1 Reasonable fees, not to exceed fully burdened actual costs, maybe collected by the fire code official for fire protection planning, fire prevention services, inspections, permit issuance, standby personnel, and emergency operations as allowed by the Fire Code, this ordinance, and as prescribed by any and all District fee resolutions. 2.3 Distinguishing Between Model Code Language; California Amendments; and Local Additions, Amendments, Deletions, and Other Changes 2.3.1 International Fire Code and California Code of Regulations Title 14 model code language appears in regular type. 2.3.2 California amendments to the model code language appear in italics. 2.3.3 Local additions, amendments, noteworthy deletions, and other material changes are identified by the use of underlining. 2.3.4 Code sections that have not been amended or changed in any manner are occasionally included in this ordinance to keep the additions, amendments, deletions, and other changes in context. SECTION 3. Fire Code Adoption Matrix 3.1 The following Fire Code Adoption Matrix is provided as a single reference showing which chapters and appendices of the 2019 California Fire Code are adopted by this Ordinance and which chapters and appendices have been amended by this Ordinance. Ordinance No. FD 57 Page 2 of 50 Page 497 Fire Code Adoption Matrix — Divisions and Chapters ATTACHMENT 1 Division/ Chapter/ Appendix Title Adopt California Code without Amendments Adopt California Code with Local Amendments Adopt IFC Model Code Not Adopted - with State/Local Reference Only Amendments Division I California Administration X Division II Administration X Ch.2 Definitions X Ch. 3 General Requirements X Ch. 4 Emergency Planning and Preparedness X Ch.5 Fire Service Features X Ch. 6 Building Services and Systems X Ch. 7 Fire and Smoke Protection Features X Ch. 8 Interior Finish, Decorative Materials and Furnishings X Ch. 9 Fire Protection and Life Safety Systems X Ch. 10 Means of Egress X Ch. 11 Construction Requirements for Existing Buildings X Ch. 12 Energy Systems X Ch. 13-19 RESERVED Ch. 20 Aviation Facilities X Ch. 21 Dry Cleaning X Ch. 22 Combustible Dust -Producing Operations X Ch. 23 Motor Fuel -Dispensing Facilities and Repair Garages X Ch. 24 Flammable Finishes X Ch. 25 Fruit and Crop Ripening X Ch. 26 Fumigation and Insecticidal Fogging X Ch. 27 Semiconductor Fabrication Facilities X Ch. 28 Lumber Yards... and Woodworking Facilities X Ch. 29 Manufacture of Organic Coatings X Ch. 30 Industrial Ovens X Ch. 31 Tents, Temp Structures, and Other Membrane Structures X Ch. 32 High -Piled Combustible Storage X Ch. 33 Fire Safety During Construction and Demolition X Ch. 34 Tire Rebuilding and Tire Storage X Ch. 35 Welding and Other Hot Work X Ch. 36 Marinas X Ch. 37 Combustible Fibers X Ch. 38 RESERVED Ch. 39 Processing and Extraction Facilities X Ch. 40-47 RESERVED Ch. 48 Motion Picture and Television Production Studio Sound Stages X Ch. 49 Requirements for Wildland-Urban Interface Fire Areas X Ch. 50 Hazardous Materials — General Provisions X Ch. 51 Aerosols X Ch. 52 RESERVED Ch. 53 Compressed Gases X Ch. 54 Corrosive Materials X Ch. 55 Cryogenic Fluids X Ch. 56 Explosives and Fireworks X Ch. 57 Flammable and Combustible Liquids X Ch. 58 Flammable Gases and Flammable Cryogenic Fluids X Ch. 59 Flammable Solids X Ch. 60 Highly Toxic and Toxic Materials X Ch. 61 Liquefied Petroleum Gases X Ch. 62 Organic Peroxides X Ch. 63 Oxidizers, Oxidizing Gases, and Oxidizing Cryogenic Fluids X Ch. 64 Pro horic Materials X Ch. 65 Pyroxylin Cellulose Nitrate Plastics X Ch. 66 Unstable (Reactive) Materials X Ch. 67 Water -Reactive Solids and Liquids X Ch. 68-79 RESERVED Ch. 80 Referenced Standards X Ordinance No. FD 57 Page 3 of 50 Page 498 ATTACHMENT 1 Fire Code Adoption Matrix — Appendices Appendix Title Adopt Appendix wit Amendments Adopt Appendix with Localwith Amendments Adopt IFCModel Code State/Local Amendments Not Adopted - Reference Only App. Ch. 4 Special Detailed Requirements Based on Use and Occupancy X App. A Board of Appeals X App. B and BB Fire -Flow Requirements for Buildings X App. C and CC Fire Hydrant Locations and Distributions X App. D, E, F, G Various X App. H Hazardous Materials Management Plan X App. I Fire Protection Systems — Noncompliant Conditions X App. J, K, L, M Various X App. N Indoor Trade Shows and Exhibitions X App. O Temporary Haunted Houses, Ghost Walks, and Similar... X SECTION 4. Local Amendments to the California Fire Code. Except as modified by an express change, modification, amendment, addition, deletion, or exception in this section, and as reflected in the Fire Code Adoption Matrix in Section 3, above, all sections, subsections, tables, chapters and appendices as published in the 2019 California Fire Code are adopted by reference and made part of the Fire Code. Only those sections, subsections, tables, chapters and appendices so modified are set forth below in Section 4. DIVISION II ADMINISTRATION PART 1— GENERAL PROVISIONS SECTION 101 GENERAL 101.1 Title. These regulations shall be collectively known as the Fire Code of the Rancho Cucamonga Fire Protection District (District or Fire District), and the same is sometimes herein referred to as "this code." SECTION 102 APPLICABILITY 102.1 Construction and design provisions. The construction and design provisions of this code shall apply to: 1. Structures, facilities, and conditions arising after the adoption of this code. 2. Existing structures, facilities, and conditions not legally in existence at the time of adoption of this code. 3. Existing structures, facilities, and conditions when required in Chapter 11 as amended. 4. Existing structures, facilities, and conditions which, in the opinion of the fire code official, constitute a distinct hazard to life or property. 102.7 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 80 and Fire District standards approved by the fire code official. Such Ordinance No. FD 57 Page 4 of 50 Page 499 ATTACHMENT 1 codes and standards are requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.7.1 through 102.7.3. 102.7.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. 102.7.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced code or standard. 102.7.3 Intent of the Code. Where the intent of the code is unclear due to differences that may occur between the provisions of this code and the referenced standards, the fire code official shall determine which requirement meets the intent of this code. 102.10 Conflicting Provisions. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in a specific case, different sections of this code specify different materials, methods of construction, or other requirements, the most restrictive shall govern. Provisions of the California Code of Regulations that are included in this code specifically or by reference shall prevail except where this code or a referenced code or standard contains a more restrictive requirement. 102.13 State Responsibility Area. State Responsibility Area (SRA) within the District shall be subiect to the provisions of California Code of Regulations Title 14, Division 1.5, Chapter 7, Subchapter 2 known as the "SRA Fire Safe Regulations" except when provisions of this code are more restrictive than the corresponding provisions of Title 14. Exception: When in the opinion of the fire code official the provisions of the SRA Fire Safe Regulations are better suited to the conditions, circumstances, or practical difficulties existing or inherent in the SRA, the requirements of the SRA Fire Safe Regulations that are less restrictive than this code magpproved in whole or in part for a specific application or project. The approval of a less restrictive provision of the SRA Fire Safe Regulations over a more restrictive provision of this code in one case shall not be construed to be an approval in any other case. 102.13.1 Amendments. The SRA Fire Safe Regulations are amended as follows: 1270.04. Provisions for Application of these Regulations This subchapter shall be applied as follows: (a) Local jurisdictions shall provide the Director and the District with notice of applications for grading permits, building permits, tentative parcel maps, tentative maps, and use permits for construction or development within SRA. (b) The District shall review and make fire protection recommendations on applicable construction or development permits or maps provided by the local jurisdiction. (c) The local jurisdiction shall ensure that the applicable sections of this subchapter and/or this code become a condition of approval of any applicable construction or development permit or map. 1270.09 Appeals. Where an exception is not granted by the inspection authority, the applicant may appeal such denial in accordance with Section 109 of this code. Ordinance No. FD 57 Page 5 of 50 Page 500 ATTACHMENT 1 PART 2 — ADMINISTRATIVE PROVISIONS SECTION 103 DEPARTMENT OF FIRE PREVENTION Deleted SECTION 104 GENERAL AUTHORITY AND RESPONSIBILITIES 104.1 General. The fire code official is hereby authorized to implement, administer, and enforce the provisions of this code. The fire code official shall have the authority to render interpretations of this code and to adopt policies, procedures, rules, and regulations in order to clarify the application of its provisions. Such interpretations, policies, procedures, rules, and regulations shall be in compliance with the intent and purpose of this code. Such policies, procedures, rules, and regulations shall not have the effect of waiving requirements specifically provided for in this code. The fire code official is also authorized to implement, administer, and enforce provisions of the Municipal Code where such authority has beenarg nted. 104.1.1 Appointment. The fire code official shall be appointed by the fire chief and shall hold his/her position in accordance with the Rancho Cucamonga Fire Protection District Rules and Regulations. 104.1.2 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the fire code official shall have the authority to gppoint a deputy fire code official, other related technical officers, inspectors, and other employees. 104.1.3 Other enforcement officers. The following persons are hereby authorized, during the course of their official duties, to enforce the provisions of this code and to make arrests and issue citations as authorized by law: 1. The San Bernardino County Sheriff and any Deputy Sheriff 2. Officers of the United States Forest Service 3. The State Forest Ranger and Peace Officers of the California Department of Forestry and Fire Protection (Cal Fire) 4. Officers of the California Highway Patrol 5. Law enforcement and authorized members of fire agencies operating under automatic or mutual aid agreements within the boundaries of the Rancho Cucamonga Fire Protection District 6. Employees of the City of Rancho Cucamonga's Building and Safety Department and Community Improvement Division who have been expressly designated _ by their appointing authority as having the power of arrest or the authority to issue administrative citations. 104.1.4 Liabilitv. The fire code official, member of the board of anneals. officer, or emnlovee charged with the enforcement of this code, while acting in that capacity for the jurisdiction, shall not thereby be rendered civilly or criminally liable personally, and is hereby relieved from all personal liabilitv for anv damage accruing to persons or propertv as a result of an act reauired or ermitted in the discharge of official duties. 104.1.5 Legal defense. Any suit or criminal complaint instituted against any officer or employ because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the Ordinance No. FD 57 Page 6 of 50 Page 501 ATTACHMENT 1 final termination of the proceedings. The fire code official or any subordinate or hired agent of the District shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the District, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith. 104.8 Modifications. Where there are practical difficulties involved in carrying out the provisions of this code, the fire code official shall have the authority to grant modifications for individual cases, provided the fire code official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen the health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the files of the District. 104.12 Cost recovery generally. Costs incurred by the District for fire suppression, investigation, rescue, emergency medical care, responses to a traffic collision or accident, responses to a false or unwanted alarm or a malfunctioning alarm system, and containment/mitigation of a hazardous materials release are recoverable in accordance with Health and Safety_ Code Sections 13009 and 13009.1 and Government Code Section 53150 et sea. Any person who negligently or intentionally, or in violation of law, causes an emergency response is liable for any and all of the costs associated with the emergency and the emergency response. AnX expense incurred by the District in responding to and securing such an emergency situation shall constitute a debt of such person and shall be collectible by the District in the same manner as in the case of an obligation under contract, expressed or implied. Fire inspection costs are recoverable in accordance with the District's Fee Resolution. 104.13 Cost recovery for nuisance abatement. All costs actually incurred by the District in any action, administrative proceeding or special proceeding to abate a violation of this code, which constitutes a nuisance, may be recovered by the District by any means authorized by law, including but not limited, to lien or special assessment according to the requirements of law, and there shall be a right to appeal pursuant to section 109.1 of this code. An "action" or "proceeding" means any civil or administrative proceeding or appeal therefrom. Attorney's fees incurred by the District in such proceedings may be recovered by the prevailing party if the District elected at the initiation of the action or proceeding to recover its own fees. In no action or proceeding of any ype shall an award of attorney's fees to a prevailing, party exceed the amount of reasonable attorney's fees. 104.14 Subpoenas. The District shall have the power to issue subpoenas and subpoenas duces tecum. This power shall be exercised and enforced in the manner provided by the Government Code, and such powers shall extend only to business of the District in investigating and enforcing violations of this code and other laws enforceable by the District. Subpoenas shall be signed by the chair or clerk of the District Board. Any member of the Board, or any person otherwise so empowered may administer oaths to, or take affirmations from. witnesses before the Board. SECTION 105 PERMITS 105.1 General. Permits shall be in accordance with this section. 105.1.4 Emergency Repairs. The fire code official shall be notified when equipment replacement and/or repairs must be performed in an emergency situation. In such cases, the replacement of Ordinance No. FD 57 Page 7 of 50 Page 502 ATTACHMENT 1 equipment and/or repairs are authorized to take place prior to the submittal of the plans and permit application for the necessary work. The fire code official is authorized to specify a time within which the plans and permit application must be submitted. 105.1.5 Repairs. Application or notice to the fire code official is not required for ordinary repairs to structures, equipment, or systems. Such ordinary repairs shall not include: a, cutting away of any wall, partition, or portion thereof; b) the removal or change _of any required means of egress; _ c) rearrangement of parts of a structure affectingthe he e reg ss requirements; d) alteration, replacement, or relocation of an.. standpipe, fire protection water supply, automatic sprinkler system, fire alarm system, or automatic fire -extinguishing shing system; emplacement of a fire alarm control unit; f) a change to the fire alarm communicating equipment; g, any other work which, in the opinion of the fire code official, potentially affects life safety. 105.3.1 Expiration. An operational permit shall remain in effect until reissued, renewed, or revoked or for such a period of time as specified in the permit. Construction permits and fees shall be in accordance with the policies, procedures, and ordinances of the Building and Safety Department having jurisdiction, which shall be either the City of Rancho Cucamonga or the County of San Bernardino. Permits are not transferable and any change in occupancy, operation, tenancy, or ownership shall require that a new permit be issued. 105.3.2 Extensions. A permittee holding an unexpired permit shall have the right to apply for an extension of the time within which the permittee will commence work under that permit where work is unable to be commenced within the time required by this section for good cause and satisfactory reason. The fire code official and/or the building code official are authorized to grant, in writing, one or more extensions of the time period of a permit in accordance with the policies, procedures, and ordinances of the Building and Safety Department having jurisdiction, which shall be either the City of Rancho Cucamonga or the County of San Bernardino. Such extensions shall be requested by the permit holder in writing and justifiable cause demonstrated. Expired permits, at the discretion of the fire code official and/or the building code official, may be returned to an unexpired status and extensions granted in accordance with this section. 105.5.1 Non-payment of permit fee. The fire code official is authorized to revoke a permit issued under the provisions of this code when the permittee fails to pay permit fees in accordance with the terms of the Permit Application or when a check or credit/debit card submitted for payment of the permit fee(s) is returned or declined. 105.6 Required operational permits. The fire code official is authorized to require and issue operational permits for the operations set forth in Fire District Standard 1-1. 105.7 Required construction permits. The fire code official is authorized to require and issue construction permits for work as set forth in Fire District Standard 1-2. SECTION 106 FEES 106.1 Fees. A permit shall not be issued until the fees i, f any, have been paid, nor shall an amendment or change to a permit be released until the additional fee, if any, has been paid. Ordinance No. FD 57 Page 8 of 50 Page 503 ATTACHMENT 1 106.1.1 Collection of fees. The collection of previously pproved fees can be waived, or the amount collected can be reduced, by a resolution of the Board without affectingthe he approved fees. 106.2 Schedule of permit fees. Fees for inspections and permits shall be established by a fee schedule approved by the Board. Assessed fees shall be due and payable in accordance with the policies of the District. 106.3 Work commencing before permit issuance. A person who commences any work, activity, or operation regulated by this code before obtaining the necessary permits shall be subject to a citation with a fine or an additional fee established by the Board, which shall be in addition to the required permit fees. 106.4 Related fees. The payment of the fee for the construction, alteration, removal, or demolition of work done in connection to or concurrently with the work or activity authorized by an operational permit shall not relieve the applicant or holder of the construction, alteration, removal, or demolition permit from the payment of other fees that are prescribed by law. The payment of the fee for a permit for a conditional or temporary use approved by the City or County shall not relieve the applicant or holder of the conditional or temporary use permit from the payment of other fees prescribed by law. The payment of the fee established by the Board for an inspection and/or operational permit shall not relieve the recipient of inspection services or the applicant or holder of an operational permit from the payment of other fees duly_ prescribed by the Board and any other governmental or regulatory en!Lty. 106.5 Refunds, The District is authorized to establish a policy allowing for refunds, reductions, or cancellations of fees that have been assessed or paid. SECTION 109 BOARD OF APPEALS 109.1 Board of appeals established. In order to hear and decide appeals of orders, decisions, or determinations made by the fire code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be in accordance with Appendix A as amended. SECTION 110 VIOLATIONS 110.1 Unlawful acts. It shall be unlawful and a public nuisance for a person, firm, or corporation to erect, construct, alter, repair, remove, demolish, or utilize a building, occupancy, premises, system, equipment, or process regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code, District ordinance or resolution, or other lawful order of the fire chief, fire code official, or their desi ig iees. 110.3 Notice of Violation. Where the fire code official finds a building, premises, vehicle, storage facility, outdoor area, equipment or equipment in use, process, or procedure that is in violation of this code, the fire code official is authorized to prepare a written notice of violation describing the conditions deemed unsafe and, where compliance is not immediate, specifying a time for re -inspection. Violations that are deemed to be immediately dangerous to life, health, or the environment will be subject to stop work or similar orders in accordance with Section 112 and prosecution and any and all penalties in accordance with this Section. Ordinance No. FD 57 Page 9 of 50 Page 504 ATTACHMENT 1 110.3.3 Prosecution of violations. If the notice of violation is not complied with promptly, the fire code official is authorized to request the legal counsel of the jurisdiction to institute the appropriate legal proceedings at law or in equity to restrain, correct, or abate such violation or to require removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant hereto. In addition to, or in place of, any other remedy which is allowed by law, administrative penalties may be imposed in connection with any violation of this code or District ordinance. 110.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair, or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a public nuisance and misdemeanor, punishable by a fine of not more than $1,000 or by imprisonment not exceeding six months, or both such fine and imprisonment. The fire code official, with the concurrence of the chief and the district attorney or District prosecutor, is authorized to issue administrative citations and fines as allowed by an ordinance of the Board of Directors in place of, or in addition to, the violation penalties contained in this section. Each day that a violation continues after notice has been served shall be deemed a separate offense. In addition to, or in place of, the foregoing penalties, administrative penalties pursuant to the District's Administrative Citation Ordinance may be imposed in connection with any violation of this code or any District ordinance. Any person violating or who has violated any section of this code or District ordinance may be issued an administrative citation in accordance with the Administrative Citation Ordinance. In addition, violations of this code may be abated by any other means authorized by law, including injunctive relief. These remedies are intended to be cumulative and not exclusive, and may be used in addition or in lieu of each other. SECTION 111 UNSAFE BUILDINGS 111.1 General. If during the inspection of a premises, a building or structure, or any building system, in whole or in part, is determined to be unsafe, the fire code official shall issue such notice or orders to remove or remedy the conditions as shall be deemed necessary in accordance with this section, and shall refer the building to the building department for any repairs, alterations, remodeling, removing, or demolition required. 111.1.1 Unsafe conditions. Structures, existing equipment, or operations that are or hereafter become unsafe or deficient because of inadequate means of egress or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or which involve illegal or improper occupancy, inadequate maintenance, or work without required permits, shall be deemed an unsafe condition. A vacant structure which is not secured against unauthorized entry as required by Section 311 shall be deemed unsafe. SECTION 112 STOP WORK ORDER 112.1 Order. Where the fire code official finds any operation, process, procedure, equipment, building, or work regulated by this code, any other code adopted by the City of Rancho Cucamongaor the County of San Bernardino, or any State or Federal law, statute, or regulation, being_ performed in a manner contrary to the provisions of the applicable code, or in a dangerous or unsafe manner, the fire code official is authorized to issue a stop work order or similar order that prohibits the non -conforming Ordinance No. FD 57 Page 10 of 50 Page 505 ATTACHMENT 1 condition. Construction work that includes, but is not limited to, repairs, alterations, remodeling, additions, improvements, removing, demolition, or installation for which a permit is required, but has not been issued, is dangerous and unsafe. 112.4 Failure to comply. Any person who shall continue any work, process, or procedure; continue to operate any equipment; or continue to occupy any building regulated by and not in compliance with this code after having been served with a stop work or similar order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to violation penalties as specified in Section 110.4. Each day that work continues in violation of a stop work order shall be deemed a separate offense. SECTION 114 ACCESS RESTRICTIONS 114.1 Public Lands. The chief is authorized to determine when conditions exist on public lands within the designated wildland-urban interface fire area that present an immediate, exceptional, and/or continuing danger. Such conditions include, but are not limited to, critical fire weather conditions, a red flag warning or fire weather watch issued by the National Weather Service, dangerously low fuel moisture levels, density of the natural vegetation, imminent flooding or flooding in progress, and similar hazards to individual and community. Upon making such a determination, the chief is authorized to close the affected areas and prohibit entry. Exceptions: 1. Residents and owners of private property and their invitees whose regular access to their property is through an affected area. 2. Entry, while in the course of duty, by peace or police officers; officials and employees of the District, San Bernardino County Fire Protection District, CalFire, US Forest Service, and automatic and mutual aid fire departments; and all other public officials having legitimate business within the affected areas. 3. Entry authorized persons engaged in the maintenance, repair, or installation of equipment owned and/or operated by public or private utilities or communications systems. 114.1.1 Continuing Authorization. Any closure of public lands authorized by the chief that will extend more than 15 calendar days shall be approved by the Board of Directors within 15 days of the effective date of the closure or at the next regularly scheduled meeting of the Board. 114.1.2 Notification. Upon closing and prohibiting entry to public lands, the chief shall, within 24 hours, make notification of the closure through a press release that includes at least one locally published newspaper and shall, within five days or as soon as practical, post signs at the entry points of the affected areas indicating that the area is closed and entry is prohibited. 114.1.3 Countv Administered Lands. The closure of anv public lands within the designated wildland-urban interface fire area that are administered by an agency or department of the County of San Bernardino shall be with the concurrence of the County Fire Warden / Chief of the San Bernardino County Fire Protection District. Any closure of such lands that will extend more than 15 days shall be with the concurrence of the San Bernardino County Board of Supervisors. 114.2 Private Property. With the consent of an owner of private property within the designated wildland-urban interface fire area, the chief is authorized to prohibit entry onto private property Ordinance No. FD 57 Page 11 of 50 Page 506 ATTACHMENT 1 through the use of trespassing laws when the chief has determined that conditions exist that present an immediate, exceptional, and/or continuing danger to individual or community. 114.2.1 Notification. Signs prohibiting trespassing and indicating the existence of dangerous conditions shall be posted on the property. CHAPTER 2 DEFINITIONS 201.1 Scope. For the purposes of this code, the words and terms in this chapter and Fire District Standard 2-1 shall have the meanings shown in this chapter and Fire District Standard 2-1 unless otherwise expressly stated. 201.3 Terms defined in other codes and standards. Where terms are not defined in the California Fire Code but are defined in the California Building Code, California Mechanical Code, California Plumbing Code, standards and publications of the National Fire Protection Association (NFPA), FM Global Data Sheets, Fire District standards, other standards referenced in this code, or other nationally recognized fire safety standards, such term shall have the meanings ascribed to them in those codes and standards. CHAPTER 3 GENERAL PRECAUTIONS AGAINST FIRE SECTION 301 GENERAL 301.2 Permits. Permits for operations or uses regulated by this chapter shall be required as set forth in Section 105. SECTION 304 COMBUSTIBLE WASTE MATERIAL 304.1.2 Vegetation. Weeds, grass, vines, trees, shrubs, ornamental and native landscaping= groves, vineyards, gardens, and any other vegetation or the trimmings and litter from such ve etg ation that is capable of being ignited and endangering property shall be maintained and/or removed by the owner or occupant of the premises sufficiently to reduce the hazard to propertypeople. 304.1.2.1 Wildland-Urban Interface Fire Areas. Vegetation management, reduction, and clearance in wildland-urban interface fire areas shall be in accordance with Chapter 49 and Fire District Standard 49-1. 304.1.2.2 Weed and fire hazard abatement. Weed and fire hazard abatement shall be in accordance with Section 322, Fire District Standard 3-5, or the Municipal Code as applicable. SECTION 305 IGNITION SOURCES 305.4 Deliberate or negligent burning. It shall be unlawful to deliberately or through negligence set fire to or cause the burning of combustible material in such a manner as to endanger property, or the health or safety of anyperson. Ordinance No. FD 57 Page 12 of 50 Page 507 ATTACHMENT 1 SECTION 307 OUTDOOR FIRES 307.1 General. All outdoor fires, including but not limited to, open burning, bonfires, recreational fires, contained fires, and fires in a portable or permanently installed or constructed outdoor open burning feature such as a fireplace, fire pit, and fire bowl shall be in accordance with Fire District Standard 3-1 and other applicable sections of this code. 307.2 Permits required. Permits for outdoor fires are required in accordance with Section 105. Note: The remainder of Section 307 is deleted and replaced with Fire District Standard 3-1. SECTION 308 OPEN FLAMES, OPEN FLAME DEVICES, AND FLAME PRODUCING FEATURES 308.1 General. Open flames, open flame devices, and flame producing features on all premises shall be in accordance with Fire District Standard 3-2 and other applicable sections of this code. 308.2 Permits required. Permits for open flames, open flame devices, and flame producing features are required in accordance with Section 105. Note: The remainder of Section 308 is deleted and replaced with Fire District Standard 3-2. SECTION 309 POWERED INDUSTRIAL TRUCKS AND EQUIPMENT 309.1 General. Powered industrial trucks, electric carts/cars, and similar equipment including, but not limited to, floor scrubbers and floor buffers, shall be operated and maintained in accordance with this section. Permits shall be reauired as set forth in Section 105. SECTION 310 SMOKING 310.1 General. The smoking or carrying of a lighted pipe, cigar, cigarette, or any other type of smoking paraphernalia or material is prohibited in accordance with the Municipal Code of the City of Rancho Cucamonga and in the areas indicated in Sections 310.2 through 310.8. SECTION 314 INDOOR DISPLAYS 314.1 General. Indoor displays constructed within any occupancy shall comply with Sections 314.2 through 314.4, Appendix N, and Fire District Standard 4-2. 314.1.1 Permits. Permits shall be required as set forth in Section 105. 314.4 Vehicles. Liquid -fueled or gaseous -fueled vehicles, boats or other motorcraft shall not be located indoors except as follows: 1. Batteries are disconnected except where the fire code official requires that the batteries remain connected to maintain safety features. 2. Fuel in fuel tanks does not exceed one-quarter tank or 5 gallons (whichever is least). Ordinance No. FD 57 Page 13 of 50 Page 508 ATTACHMENT 1 3. Fuel tanks, fill openings, and filling connections are closed and sealed to prevent the escape of vapors and locked or secured to prevent tampering. 4. Fuel tanks are inspected for leaks and determined to be free from leaks prior to placing the vehicle in a building. 5. Vehicles, boats or other motorcraft equipment are not fueled or defueled within the building. 6. The location of vehicles or equipment does not obstruct means of egress. 7. In accordance with the applicable provisions of Appendix N. 314.4.1 Approved competitions and demonstrations. Liquid -fueled and gaseous -fueled vehicles and equipment approved by the fire code official for use in a competition or demonstration within a building shall comply with Sections 314.4.1.1 through 314.4.1.3. 314.4.1.1 Fuel storage. Fuel for vehicles or equipment shall be stored in approved containers in an approved location outside of the structure in an approved manner not less than 50 feet from the structure. Storage shall be in accordance with the applicable chapters and sections of this code. 314.4.1.2 Fueling. Refueling shall be performed outside of the structure in an approved location not less than 20 feet from the structure. 314.4.1.3 Spills. Fuel spills shall be cleaned up immediately. SECTION 315 GENERAL STORAGE 315.1 General. Storage shall be in accordance with this section, other applicable sections of this code, and Fire District Standard 3-3. Outdoor pallet storage shall be in accordance with Sections 315.2 and 315.7. Indoor pallet storage shall be in accordance with Sections 315.2 and 315.8. Storage of commodities that expand with the absorption of water shall be in accordance with Sections 315.2 and 315.9. 315.2 Permit required. Permits for miscellaneous combustible storage and high -piled combustible storage are required in accordance with Section 105. 315.8 Indoor pallet storage. Indoor pallet storage shall be in accordance with the applicable sections and chapters of this code. 315.9 Commodities that expand with the absorption of water. Storage of commodities that expand or have the potential to expand with the absorption of water, such as roll paper, shall be in accordance with Fire District Standard 3-3. SECTION 316 HAZARDS TO FIRE FIGHTERS 316.6 Structures and outdoor storage underneath high-voltage transmission lines. Structures and outdoor storage underneath high-voltage transmission lines shall comply with Sections 316.6.1 and 316.6.2, respectively and Fire District Standard 3-3. Ordinance No. FD 57 Page 14 of 50 Page 509 ATTACHMENT 1 316.6.1 Structures. Structures shall not be constructed within the utility easement beneath high- voltage transmission lines. Exceptions: I. Restrooms and unoccupied telecommunications structures of noncombustible construction less than 15 feet in height. 2. Temporary structures less than 15 feet in height such as storage sheds, sales offices, and informational/management kiosks associated with uses such as communityard�ens, commercial nurseries, and sports facilities. 316.6.2 Outdoor storage. Outdoor storage within the utility easement underneath high-voltage transmission lines shall be limited to noncombustible material. Storage of hazardous materials including, but not limited to, flammable and combustible liquids is prohibited. Exceptions: 1. Combustible storage, including vehicles and fuel storage for backup power equipment serving public utility equipment, is allowed, provided that a plan indicating the storage configuration is submitted and approved by the fire code official. 2. Plants, trees, shrubs, and other vegetation, including combustible containers, offered for sale. 3. Combustible materials used for garden boxes, trellises, and other gardening and food cultivation associated with a communityygarden. 4. Fertilizers, pesticides, and herbicides necessary for the operation of a community garden or commercial nursery in amounts that do not exceed an aggregate of 200 gallons or 500 pounds. SECTION 321 WASTE HANDLING AND RECYCLING FACILITIES 321.1 General. Waste handling, recycling and scrap facilities, automobile wrecking yards, and junk vards shall be in accordance with Fire District Standard 3-4 and other aDDlicable sections of this code. 321.2. Permits. Permits shall be required as set forth in Section 105. SECTION 322 WEED AND FIRE HAZARD ABATEMENT 322.1 General. Every owner of private real Dropertv within the iurisdiction of the Fire District shall abate all fire hazards created by weeds, seasonal grasses, tumbleweeds, native plants and trees, and other vegetation, vegetation litter, debris, trash, or combustible waste material from such propertL including sidewalks, parkways, trails, and easements on such property unless the easement is under the sole control of another person or entity. Such abatement shall be in accordance with Fire District Standard 3-5 or the Municipal Code as applicable and as determined by the fire code official. All such fire hazards are declared to be a public nuisance as to which the costs of abatement, as more full described in Fire District Standard 3-5 and the Municipal Code, may be specially assessed as provided in Health and Safety Code Sections 14902 and 14912 et seq., or otherwise as provided by law. The procedures for abatement of fire hazards set forth in Fire District Standard 3-5 and the Municipal Code are not exclusive but are in addition to anv and all other Drocedures set forth in this code for the abatement of nuisances and fire hazards. Ordinance No. FD 57 Page 15 of 50 Page 510 ATTACHMENT 1 CHAPTER 4 EMERGENCY PLANNING AND PREPAREDNESS SECTION 401 GENERAL 401.10 Indoor and Outdoor Special Events. Public assemblages; carnivals, fairs, exhibits, trade shows, and similar indoor or outdoor events; special amusement buildings; and seasonal sales lots shall comply with the provisions of this code and Fire District Standards 4-1, 4-2, 4-3, 4-4, and Appendix N. 401.11 Permits. Permits shall be required as set forth in Section 105. SECTION 402 DEFINITIONS 402.1 Definitions. Definitions are in accordance with Chapter 2 and Fire District Standard 2-1. SECTION 403 EMERGENCY PREPAREDNESS REQUIREMENTS 403.10.2.2 Emergency guide. Fire and life safety emergency guides shall be provided for Group R-2 occupancies. Guide contents, maintenance, and distribution shall comply with Sections 403.10.2.2.1 through 403.10.2.2.3 and Fire District Standard 4-5. 403.10.2.2.2 Emergency guide maintenance. Emergency guides shall be reviewed and approved by the fire code official. Emergency "ides shall be reviewed at least annually b the owner, owner's association, and/or the manager. When it is determined that the emergency guide needs to be updated and/or modified, proposed changes shall be submitted to the fire code official for review and approval. 403.10.2.2.3 Emergency guide distribution. A copy of the emergency guide shall be given to each tenant prior to initial occupancy. Each tenant shall acknowledge in a manner acceptable to the fire code official and the owner or owner's agent the receipt of the fire emergency guide. Tenants shall provide such acknowledgement when updated versions of the emergency guide are provided. 403.12.1 Fire watch and safety standby personnel. Where, in the opinion of the fire code official, it is essential for public safety in a place of assembly or any other place where people congregate, because of the number of persons; the nature of the performance, exhibition, display, contest, or activity; or the presence of hazards and/or risks to people or property, the owner, agent, or lessee shall provide one or more qualified fire watch and/or safety standby personnel, as required and approved by the fire code official. Fire watch and standby personnel shall comply with Sections 403.12.1.1 and 403.12.1.2. 403.12.1.1 Duty Times. Fire watch and standby personnel shall remain on duty while places requiring a fire watch or safety observation are open to the public, or when an activity requiring a fire watch or standby personnel is being conducted. Ordinance No. FD 57 Page 16 of 50 Page 511 ATTACHMENT 1 403.12.1.2 Duties. On -duty fire watch and safety standby personnel shall have the following responsibilities: 1. Keep diligent watch for fires, obstructions to means of egress, and other hazards. 2. Immediatelyport fires, smoke conditions, major injuries, significantly unsafe conditions, and other dangerous circumstances and public safety concerns baying the 911 system. 3. Prohibit unauthorized persons from entering areas that are unsafe. 4. Take prompt measures for remediation of hazards and extinguishment of fires that occur. 5. Take prompt measures to assist in the evacuation of the public from structures and/or other areas of immediate danger in accordance with the conditions of the emergency. 6. Take prompt measures to assist with defending in place in accordance with the conditions of the emergency. 7. Assist with emergency services as directed by first responders. 8. Unless determined otherwise by the public safety plan for gatherings, herings, wear a uniform or be identifiable and distinguishable to the attendees and first responders. 403.12.2 Public safety plan for gatherings. Where the fire code official determines that an indoor or outdoor gathering of persons could have an adverse impact on public safety through diminished access to buildings, structures, fire hydrants, fire apparatus access roads, persons in need of emergency medical care, unrestricted access to the public way, and/or similar risks toeg neral public safety or where such gatherings could adversely affect public safety services of any kind, the fire code official shall have the authority to order the development of, or prescribe a public safety plan that provides an approved level of public safety and addresses the following items: 1. Emergency vehicle ingress and egress. 2. Fire protection and extinguishment. 3. Emergency egress, escape routes, or defend -in-place procedures and/or locations. 4. Emergency medical services. 5. Public assembly areas. 6. The directing of both attendees and vehicles, including the parking of vehicles. 7. Vendor and food concession distribution. 8. The need for the presence of law enforcement. 9. The need for fire and emergency medical services personnel to be on site. 10. The need for a weather monitoring person. CHAPTER 5 FIRE SERVICE FEATURES SECTION 503 FIRE APPARATUS ACCESS ROADS 503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503. 1.1 through 503.1.3 and Fire District Standard 5-1. 503.2 Specifications. Fire apparatus access roads shall be designed, d, engineered, installed and arranged in accordance with Sections 503.2.1 through 503.2.8 and Fire District Standard 5-1. Ordinance No. FD 57 Page 17 of 50 Page 512 ATTACHMENT 1 [California Code of Regulations, Title 19, Division I. Section 3.05(a)] Fire Department Access and Egress. (Roads) (a) Roads. Required access roads from every building to a public street shall be all-weather, hard surfaced (suitable for use by fire apparatus) right-of-way not less than 26 feet in width. Such right-of-way shall be unobstructed and maintained only as access to the public street. Exception: The enforcing agency may waive or modify this requirement if in its opinion such all-weather, hard -surfaced condition is not necessary in the interest of public safety or welfare. 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 26 feet and an unobstructed vertical clearance of not less than 14 feet 6 inches. Street widths are to be measured from top face of curb to top face of curb on streets with curb and gutter, from flowline to flowline on streets with rolled curbs, from the edges of drivable surfaces capable of supporting the weight of fire apparatus where curbs are not provided. Exceptions: 1. Gates shall be in accordance with Sections 503.5 and 503.6 and Fire District Standards 5-3 and 5-4. 2. Roads at entry medians constructed for private commercial, industrial, or residential developments shall be a minimum of 20 feet on each side. The road shall not be part of a radius turn. This exception does not apply to public streets. 3. Dimensions may be reduced when in the opinion of the fire code official there are practical difficulties with providingthe he required dimensions. 4. Dimensions may be increased when in the opinion of the fire code official required dimensions are not adequate to provide fire apparatus access or when dimensions are not adequate to concurrently provide fire apparatus access and evacuation. 503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all weather driving capabilities. Permanent fire apparatus access roads utilizing surface material other than concrete or asphalt shall be in accordance with Fire District Standard 5-2 and approved by the fire code official. Temnorary fire aaaaratus access roads shall be in accordance with Fire District Standard 33-2. 503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be in accordance with Fire District Standard 5-1. 503.2.5 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus in accordance with Fire District Standard 5-1. 503.2.7 Grade. The grade of the fire apparatus access road shall be in accordance with Fire District Standard 5-1. 503.2.8 Angles of approach and departure. The angles of approach and departure for fire apparatus access roads shall be in accordance with Fire District Standard 5-1. 503.3 Marking. Approved signs or other approved notices or markings that include the words NO PARKING — FIRE LANE shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. The means by which fire lanes are designated shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. Fire apparatus access road marking shall be in accordance with Fire District Standard 5-1. Ordinance No. FD 57 Page 18 of 50 Page 513 ATTACHMENT 1 503.3.1 Marking during construction. When a construction site is enclosed by fencing or other barriers, or when the designated fire apparatus access is not readily apparent during construction, the location or locations of acceptable fire apparatus access to the construction site is required to be temporarily installed or displayed in a manner, location, and duration acceptable to the fire code official 503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established by the fire code official in accordance with Section 503.2.1 shall be maintained at all times. Water run-off and flood control dips or other surface irregularity shall be in accordance with Fire District Standard 5- 1. 503.4.1 Traffic calming devices. Traffic calming devices shall be approved by the fire code official and be in accordance with Fire District Standard 5-1. 503.4.2 Storm water management. Where approved by the fire code official, fire apparatus access roads may be used as part of a storm water management system in accordance with Fire District Standard 5-1. 503.4.3 Drop off and pick up. Where approved by the fire code official, fire apparatus access roads may be used for drop off and pick up in accordance with California Vehicle Code 22500.1 and Fire District Standard 5-1. 503.5 Required gates or barricades. The fire code official is authorized to require the installation and maintenance of gates or other approved barricades across fire apparatus access roads, trails, or other accessways, not including public streets, alleys, or highways. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed, and installed to comply with the requirements of ASTM F2200 and Fire District Standard 5-3 and Fire District Standard 5-4. 503.6 Security gates. The installation of security gates across a fire apparatus access road shall be approved by the fire code official. Where security gates are installed, they shall have approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed, and installed to comply with the requirements of ASTM F2200. Residential vehicular gates shall be in accordance with Fire District Standard 5-3. Commercial and industrial vehicular sates shall be in accordance with Fire District Standard 5-4. 503.7 Aerial fire apparatus access roads. Buildings or portions of buildings or facilities exceeding 30 feet in height above the lowest level of fire department vehicle access shall be provided with approved aerial fire apparatus access roads capable of accommodatingfire ire department aerial apparatus in accordance with this section and Fire District Standard 5-1. 503.7.1 Dimensions. Aerial fire apparatus access roads shall have an unobstructed width of not less than 26 feet. Overhead utility and power lines and other vertical obstructions shall not be located within the aerial fire apparatus access roadway. Ordinance No. FD 57 Page 19 of 50 Page 514 ATTACHMENT 1 503.7.2 Proximity to building. At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet and a maximum of 30 feet from the building, and shall be positioned parallel to one entire side of the building. 503.7.3 Grade. The grade of aerial fire apparatus access roads shall not exceed five percent (5%). SECTION 504 ACCESS TO BUILDING OPENINGS AND ROOFS 504.1.1 Access identification. Required exterior access doors, including exit doors, in the warehouse or manufacturing areas of any building with a gross floor area greater than 10,000 square feet shall be marked in accordance with Fire District Standard 5-5 to allow for quick identification by firefighters both inside and outside of the building 504.4.1 Aerial ladders. Aerial fire apparatus ladder access to the roof and parapet ladders shall be in accordance with Fire District Standard 5-6. SECTION 505 PREMISES IDENTIFICATION 505.1 Address identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Where required by the fire code official, address numbers shall be provided in additional locations to facilitate emergency response. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Addressing of multi -family residential buildings shall be in accordance with Fire District Standard 5-7. Addressing of commercial and industrial building_ s shall be in accordance with Fire District Standard 5-8. For all other buildings, each character shall be not less than 4 inches high with a minimum stroke width of 0.5 inch. Acceptable dimensions of address numbers and letters will be determined by the fire code official to ensure that they are plainly legible and visible. Where access is by means of a private road or drive aisle and the building cannot be viewed from the public way, a monument, pole, or other sign or means shall be used to identify the structure. Address identification shall be maintained. 505.1.1 Identification during construction. When permanently installing the address of a building under construction is not practical, the address of the construction site is required to be temporarily installed or displayed in a manner, location, and duration acceptable to the fire code official. SECTION 506 KEY BOXES 506.1 Where required. Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire -fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type listed in accordance with UL 1037 and shall contain keys and/or other devices/information such as electronic card keys or access codes to gain necessary access as required by the fire code official. Key boxes shall be in accordance with Fire District Standard 5-9. Ordinance No. FD 57 Page 20 of 50 Page 515 ATTACHMENT 1 SECTION 507 FIRE PROTECTION WATER SUPPLIES 507.1 Required water supply. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction. The approved water supply shall be in accordance with this section, Appendix B, and Fire District Standard 5-10. 507.3 Fire flow. Fire flow requirements for buildings or portions of buildings and facilities shall be in accordance with Aaaendix B and Fire District Standard 5-10. 507.5 Fire hydrant systems. Fire hydrant systems shall comply with Sections 507.5.1 through 507.5.6, Appendix C, and Fire District Standard 5-10. 507.5.1 Where required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 300 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on- site fire hydrants and mains shall be provided where required by the fire code official. Exceptions: 1. For Group R-3 and Group U occupancies, the distance requirement can be increased by the fire code official but shall not exceed 600 feet. 2. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2, or 903.3.1.3, the distance requirement can be increased by the fire code official but shall not exceed 600 feet. 507.5.1.1 Hydrant for standpipe systems. Buildings equipped with a standpipe system shall have a fire hydrant located within 15-50 feet of the fire department connection that serves the standpipe system. Exception: The distance shall be permitted to exceed 50 feet where approved by the fire code official. SECTION 509 FIRE PROTECTION AND UTILITY EQUIPMENT IDENTIFICATION AND ACCESS 509.3 Multi -tenant or multi -unit buildings. When an automatic fire sprinkler system or systems or a fire alarm system or systems are installed in buildings constructed for multiple tenants and/or units and the installed systemsprotect multiple tenant spaces or units, the fire sprinkler riser(s), fire alarm control unit, and all other related valves, gauges, and/or controls for such systems shall be located in an attached or included room or approved weather resistant enclosure accessible from the exterior of the building. The room or enclosure shall be of a sufficient size as determined by the fire code official to allow firefighters and other emergency responders in full personal protective equipment the ability operate safely with unrestricted access to all risers, control units, valves, and other installed equipment. Access doors serving the room or walk-in enclosure are required to be a minimum of 3 feet in width and 6 feet 8 inches in height. SECTION 510 EMERGENCY RESPONDER RADIO COVERAGE 540.3 Permit required. Permits shall be required as set forth in Section 105. Ordinance No. FD 57 Page 21 of 50 Page 516 ATTACHMENT 1 SECTION 511 SITE PLANS 511.1 General. The owner of or person responsible for a building or facility shall provide the fire code official with a site plan in accordance with Fire District Standard 5-11. The owner or responsible person shall provide an updated site plan to the fire code official when any element of the site plan changes. CHAPTER 6 BUILDING SERVICES AND SYSTEMS SECTION 601 GENERAL 601.2 Permits. Permits shall be required as set forth in Section 105. SECTION 603 FUEL -FIRED APPLIANCES 603.4 Portable unvented heaters. Portable unvented fuel -fire heating equipment shall be prohibited in occupancies in Groups A, E, R-1, R-2, R-2.1, R-2.2, R-3. R-3.1, R-, and ambulatory care facilities. Exception: Portable outdoor gas-fired heating appliances in accordance with Section 603.4.2. 603.4.2 Portable outdoor gas-fired heating appliances. Portable gas-fired heating appliances located outdoors shall be in accordance with Sections 603.4.2.1 through 603.4.2.3.4 and Fire District Standard 3-2. 603.4.2.1 Location. Portable outdoor gas-fired heating appliances shall be located in accordance with Sections 603.4.2.1.1 through 603.4.2.1.4. 603.4.2.1.1 Prohibited locations. The use of portable outdoor gas-fired heating appliances is prohibited in any of the following locations: 1. Inside of any occupancy. 2. Inside of tents, canopies and membrane structures. 3. On exterior balconies. Exceptions: 1. As allowed in Section 6.22 of NFPA 58. 2. One- and two-family dwellings. 3. Portable outdoor gas-fired heating appliances utilizing an LP -gas container with a water capacity not greater than 2 1/2 pounds [nominal 1 pound LP -gas ca acit . 603.4.2.1.2 Clearance to buildings. Portable outdoor gas-fired heating appliances shall be located not less than 10 feet from buildings. 603.4.2.1.3 Clearance to combustible materials. Portable outdoor gas-fired heating appliances shall not be located beneath, or closer than 10 feet to combustible decorations and combustible overhangs, awnings, sunshades or similar combustible attachments to buildings. Ordinance No. FD 57 Page 22 of 50 Page 517 ATTACHMENT 1 603.4.2.1.4 Proximity to exits. Portable outdoor gas-fired heating appliances shall not be located within 10 feet of exits or exit discharges. 603.4.2.1.5 Storage. When stored inside of any occLapancy, tent, canopy, or membrane structure, portable outdoor gas-fired heating appliances shall be disconnected from the fuel gas container. 603.4.2.3.3 Container capacity. The maximum individual capacity of gas containers used in connection with portable outdoor gas-fired heating appliances shall not exceed 20 pounds (9 kg). Exception: The capacity of an LP -gas container utilized with portable outdoor gas-fired heating appliances located on exterior balconies or within 10 feet of a building shall not be greater than 2 1/2 pounds [nominal 1 -pound LP- asgcapacity]. SECTION 605 MECHANICAL REFRIGERATION 605.10.1.2 Manual Operation. Where required by the fire code official, automatic crossover valves shall be capable of manual operation. The manual valves are required be located outside of the machinery room in an approved location easily accessible to emergency response personnel. The valves can be secured to prevent tampering or unfettered access by unauthorized persons. The valves or the security enclosure are required to be identified as Emergency Controls. SECTION 607 COMMERCIAL COOKING OPERATIONS 607.1 General. Commercial cooking operations, commercial cooking appliances, and commercial kitchen exhaust hoods shall comply with the requirements of this section, Section 904, Section 907, the California Mechanical Code, NFPA 96, and Fire District Standard 6-1. Permits shall be required as set forth in Section 105. CHAPTER 8 INTERIOR FINISH, DECORATIVE MATERIALS AND FURNISHINGS SECTION 807 DECORATIVE MATERIALS OTHER THAN DECORATIVE VEGETATION IN NEW AND EXISTING BUILDINGS 807.5.2.2 Artwork in corridors. Artwork and teaching materials shall be limited on the walls of corridors to not more than 20 percent (20%) of the wall area. Artwork and teaching materials on the walls, windows, ceilings, and doors of schools and classrooms (Group E occupancies) shall be in accordance with Fire District Standard 8-1. 807.5.2.3 Artwork in classrooms. Artwork and teaching materials shall be limited on walls of classrooms to not more than 50 percent (50%) of the specific wall area to which they are attached. Artwork and teaching materials on the walls, windows, ceilings, and doors of schools and classrooms (Group E occupancies) shall be in accordance with Fire District Standard 8-1. Ordinance No. FD 57 Page 23 of 50 Page 518 ATTACHMENT 1 807.5.5.2 Artwork in corridors. Artwork and teaching materials shall be limited on the walls of corridors to not more than 20 percent (20%) of the wall area. Artwork and teaching materials on the walls, windows, ceilings, and doors of day care facilities (Group I-4 occupancies)shall be in accordance with Fire District Standard 8-1. 807.5.5.3 Artwork in classrooms. Artwork and teaching materials shall be limited on walls of classrooms to not more than 50 percent (50%) of the specific wall area to which they are attached. Artwork and teaching materials on the walls, windows, ceilings, and doors of day care facilities (Group I-4 occupancies) shall be in accordance with Fire District Standard 8-1. CHAPTER 9 FIRE PROTECTION SYSTEMS SECTION 901 GENERAL 901.4.2 Non -required fire protection systems. A fire protection system or portion thereof not required by this code or the California Building Code shall be allowed to be furnished for partial or complete protection provided such installed system meets the applicable requirements of this code and the California Building Code. Partial systems shall be in accordance with Fire District Standard 9-1. 901.7 Systems out of service. Where a required fire protection system is out of service, the fire department and the fire code official shall be notified immediately and, where required by the fire code official, the building shall either be evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shut down until the fire protection system has been returned to service. Where utilized, fire watches shall be provided with at least one approved means for notification of the fire department and their only duty shall be to perform constant patrols of the protected premises and keep watch for fires. A fire watch shall be in accordance with Fire District Standard 9-2. 901.8 Removal of or tampering with equipment. It shall be unlawful for any person to remove, tamper with, intentionally damage or destroX, or otherwise disturb any fire hydrant, fire detection and alarm system, fire suppression system, fire appliances required by this code, or other appurtenance installed as a component of a fire protection system except for the purpose of extinguishing fire, approved training purposes, recharging or making necessary repairs, or where approved by the fire code official. The fire code official is authorized to approve means for preventing and deterring the unlawful removal of and/or tampering with fire protection equipment. SECTION 903 AUTOMATIC SPRINKLER SYSTEMS 903.1 General. Automatic sprinkler systems shall comply with this section, Fire District Standard 5- 10, and Fire District Standard 9-5. 903.2 Where required. Approved automatic sprinkler systems shall be provided: 1. In new buildings and structures in the locations described in Sections 903.2.1 through 903.2.12 as amended. Ordinance No. FD 57 Page 24 of 50 Page 519 ATTACHMENT 1 2. In existing buildings and structures where an addition to the original footprint of the building or structure creates a fire area that is required by Sections 903.2.1 through 903.2.12 as amended to have an automatic sprinkler system. Exception: Group R-3 occupancies. 3. In existing buildings and structures when a change in use results in a fire area that is required by Sections 903.2.1 through 903.2.12 as amended to have an automatic sprinkler system. Exception: Group R-3 occupancies converted to Group R-3.1 occupancies in accordance with this section. 903.2.1 Group A. An automatic sprinkler system shall be provided throughout buildings and portions thereof used as Group A occupancies as provided in this section. 903.2.1.1 Group A-1. An automatic sprinkler system shall be provided throughout stories containing Group A-1 occupancies and throughout all stories from the Group A-1 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists: 1. The fire area exceeds 5,000 square feet. 2. The fire area has an occupant load of 300 or more; 3. The fire area is located on a floor other than a level of exit discharge serving such occupancies. 4. The fire area contains a multi -theater complex. 903.2.1.2 Group A-2. An automatic sprinkler system shall be provided throughout stories containing Group A-2 occupancies and throughout all stories from the Group A-2 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists: 1. The fire area exceeds 5,000 square feet. 2. The fire area has an occupant load of 100 or more; or 3. The fire area is located on a floor other than a level of exit discharge serving such occupancies. 4. The structure exceeds 5, 000 square feet, contains more than one fire area containing a Group A-2 occupancy, and is separated into two or more buildings by fire walls of less than 4 -hour fire -resistance rating without openings. 903.2.1.3 Group A-3. An automatic sprinkler system shall be provided throughout stories containing Group A-3 occupancies and throughout all stories from the Group A-3 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists: 1. The fire area exceeds 5,000 square feet of new construction area. 2. The fire area exceeds 12,000 square feet in an existing building where the fire area is increased or the occupancy classification is changed to Group A-3. 3. The fire area has an occupant load of 300 or more; or 4. The fire area is located on a floor other than a level of exit discharge serving such occupancies. The structure exceeds 12, 000 square feet, contains more than one fire area containing exhibition and display rooms, and is separated into two or more buildings by fire walls of less than four hour fire resistance rating without openings. 903.2.1.4 Group A-4. An automatic sprinkler system shall be provided throughout stories containing Group A-4 occupancies and throughout all stories from the Group A-4 occupancy to Ordinance No. FD 57 Page 25 of 50 Page 520 ATTACHMENT 1 and including the levels of exit discharge serving that occupancy where one of the following conditions exists: 1. The fire area exceeds 5,000 square feet of new construction area. 2. The fire exceeds 12,000 square feet in an existing building where the fire area is increased or the occupancy classification is changed to Group A-4. 3. The fire area has an occupant load of 300 or more. 4. The fire area is located on a floor other than a level of exit discharge serving such occupancies. 903.2.1.5 Group A-5. An automatic sprinkler system shall be provided for all enclosed Group A-5 accessory use areas in excess of 1,000 square feet. 903.2.3 Group E. An automatic sprinkler system shall be provided for Group E occupancies as follows: 1. Throughout all Group E fire areas greater than 5,000 square feet in area. Note: Conditions 2-7 are not amended. All other provisions of this section remain unchanged. 903.2.4 Group F-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group F- 1 occupancy where one of the following conditions exists: 1. A Group F-1 fire area exceeds 5,000 square feet. 2. A Group F-1 fire area is located more than three stories above grade plane. 3. The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 5,000 square feet. 4. A Group F-1 occupancy used for the manufacture of upholstered furniture or mattresses exceeds 2,500 square feet. 903.2.7 Group M. An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where one of the following conditions exists: 1. A Group M fire area exceeds 5,000 square feet of new construction area. 2. A Groun M fire area exceeds 12.000 sauare feet in an existiniz building where the fire area is increased or the occupancy classification is changed to Group M. 3. A Group M fire area is located more than three stories above grade plane. 4. The combined area of all Group M fire areas on all floors, including any mezzanines, exceeds 5,000 square feet of new construction area or 12,000 square feet in an existing building where the fire area is increased or the occupancy classification is changed to Group M. 5. A Group M occupancy is used for the display and sale of upholstered furniture or mattresses exceeds 2,500 square feet. 6. The structure exceeds 12, 000 square feet, contains more than one fire area containing a Group M occupancy, and is separated into two or more buildings by fire walls of less than 4 -hour fire -resistance rating. 903.2.9 Group S-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists: 1. A Group S-1 fire area exceeds 5,000 square feet of new construction area. 2. A Group S-1 fire area exceeds 12,000 square feet in an existing building where the fire area is increased or the occupancy classification is changed to Group S-1. 3. A Group S-1 fire area is located more than three stories above grade plane. Ordinance No. FD 57 Page 26 of 50 Page 521 ATTACHMENT 1 4. The combined area of all Group S-1 fire areas on all floors, including any mezzanines, exceeds 5,000 square feet of new construction area or 12,000 square feet in an existing building where the fire area is increased or the occupancy classification is changed to Group S-1. 5. A Group S-1 fire area used for the storage of commercial trucks or buses where the fire area exceeds 5,000 square feet. 6. A Group S-1 occupancy used for the storage of upholstered furniture or mattresses exceeds 2,500 square feet. 903.2.9.1 Repair garages. An automatic sprinkler system shall be provided throughout all buildings used as repair garages in accordance with Section 406.8 of the California Building Code, as shown: 1. Buildings having two or more stories above grade plane, including basements, with a fire area containing a repair garage exceeding 5,000 square feet. 2. Buildings no more than one story above grade plane, with a fire area containing a repair garage exceeding 5,000 square feet. 3. Buildings with repair garages servicing vehicles parked in basements. 4. A Group S-1 fire area used for repair of commercial trucks or buses where the fire area exceeds 5,000 square feet. 903.2.10 Group S-2 enclosed parking garages. An automatic sprinkler system shall be provided throughout buildings classified as enclosed parking garages in accordance with Section 406.6 of the California Building Code as follows: 1. Where the fire area of the enclosed parking garage exceeds 5,000 square feet; or 2. Where the enclosed parking garage is located beneath other groups. Exception: Enclosed parking garages located beneath Group R-3 occupancies. 903.2.10.1 Commercial parking garages. An automatic sprinkler system shall be provided throughout buildings used for storage of commercial motor vehicles where the gross floor area exceeds 5,000 square feet. 903.2.21 Pet dealers and pet boarding facilities. An automatic fire sprinkler system is required to be installed and monitored by an approved supervising station in accordance with this code in pet dealer and pet boarding facilities in compliance with Health and Safety Code Sections 122155 and 122385. Exception: Where an automatic fire alarm system is installed and monitored by an approved supervising station in accordance with this code. 903.4 Sprinkler system supervision and alarms. All valves controlling the water supply for automatic sprinkler systems, pumps, tanks, water levels and temperatures, critical air pressures, and water -flow switches on all sprinkler systems shall be electrically supervised by a listed fire alarm control unit in accordance with this section and applicable Fire District Standards. Exceptions: 1. Automatic sprinkler systems protecting one- and two-family dwellings. 2. Limited area sprinkler systems in accordance with 903.3.8. 3. Automatic sprinkler systems installed in accordance with NFPA 13R where a common supply main is used to supply both domestic water and the automatic sprinkler system, and a separate shutoff valve for the automatic sprinkler system is not provided. 4. Jockey pump control valves that are sealed or locked in the open position. 5. Exception deleted. Ordinance No. FD 57 Page 27 of 50 Page 522 ATTACHMENT 1 6. Valves controlling the fuel supply to fire pump engines that are sealed or locked in the open position. 7. Trim valves to pressure switches in dry, pre -action and deluge sprinkler systems that are sealed or locked in the open position. 903.4.3 Floor control valves. Approved supervised indicating control valves shall be provided at the point of connection to the riser on each floor in all multi -story buildings and Group I-2 occupancies having occupied floors located more than 75 feet above the lowest level office department vehicle access. 903.6 Where required in existing buildings and structures. An automatic sprinkler system shall be provided in existing buildings and structures where required in Chapter 11 and Fire District Standard 11-1. SECTION 904 ALTERNATIVE AUTOMATIC FIRE -EXTINGUISHING SYSTEMS 904.1 General. Automatic fire -extinguishing systems, other than automatic sprinkler systems, shall be designed, installed, inspected, tested, and maintained in accordance with the provisions of this section, Fire District Standards 6-1 and 9-6, and the applicable referenced standards. 904.2.2 Commercial hood and duct systems. Each required commercial kitchen exhaust hood and duct system required by Section 609 to have a Type I hood shall be protected with an approved automatic fire -extinguishing system installed in accordance with this code, manufacturer's specifications, NFPA 96, and Fire District Standard 6-1. 904.3.3 System interlocking. Automatic equipment interlocks with fuel controls and shutoffs, ventilation activation and other controls, door closers, window shutters, conveyor openings, smoke and heat vents, and other features necessary for the safe and proper operation of the fire - extinguishing system shall be provided as required by the design and installation standard utilized for the hazard, this code, Fire District Standard 6-1, and applicable NFPA standards. 904.3.5 Monitoring. Where a building fire alarm system or a sprinkler monitoring system is installed, automatic fire -extinguishing systems shall be monitored by the building fire alarm system or sprinkler monitoring system in accordance with NFPA 72. 904.12 Commercial cooking systems. Commercial cooking equipment that produces grease laden vapors shall be provided with a Type I Hood, in accordance with the California Mechanical Code and Section 607 of this code as amended, and an automatic fire extinguishing system that is listed and labeled for its use as follows: Note: Conditions 1-3 and exceptions are not amended. SECTION 905 STANDPIPE SYSTEMS 905.2 Installation standard. Standpipe systems shall be installed in accordance with this section, NFPA 14 as amended in Chapter 80, and Fire District Standard 5-10. Fire department connections for standpipe systems shall be in accordance with Section 912. Ordinance No. FD 57 Page 28 of 50 Page 523 ATTACHMENT 1 SECTION 906 PORTABLE FIRE EXTINGUISHERS 906.1 Where required. Portable fire extinguishers shall be installed in accordance with this code or readily available in all of the following locations: Note: Conditions 1-9 are not amended. 10. At all outdoor events, special events, temporary uses, indoor and outdoor trade shows and exhibitions, and outdoor cooking operations in accordance with this code, Appendix N, and applicable Fire District Standards. 906.6 Unobstructed and unobscured. Portable fire extinguishers shall not be obstructed or obscured from view. In rooms or areas in which visual obstruction cannot be completely avoided, means acceptable to the fire code official shall be provided to indicate the locations of extinguishers. SECTION 907 FIRE ALARM AND DETECTION SYSTEMS 907.1 General. This section covers the application, installation, performance, and maintenance of fire alarm systems and their components in new and existing buildings and structures. The requirements of Section 907.2 are applicable to new buildings and structures. The requirements of Section 907.9 are applicable to existing buildings and structures. Fire alarm and detection systems, remote annunciation, reset and silence Drocedures. listing certification. monitoring. notification aDDliances. eauinment disconnect interfaces. and a Dosted zone maD in new and existing buildincs shall be in accordance with Fire District Standard 9-3. 907.1.2 Fire alarm shop drawings. Shop drawings and plans for new fire alarm systems, modifications to existing fire alarm systems, and certain maintenance and repairs shall be prepared in accordance with NFPA 72 and Fire District Standard 9-3 and submitted for review and approval prior to system installation or commencing modifications, maintenance, or repairs. Exception: Emergencypairs as allowed by Fire District Standard 9-3. 907.1.2.1 Drawing symbols. All plans and shop drawings shall use the symbols identified in NFPA 170, Standard for Fire Safety and Emergency Symbols. Exception: Other symbols are allowed where approved by the fire code official. 907.1.6 Alarm Signal Verification. Remote monitoringand nd supervising station services shall attempt to verify an alarm signal originating from a residential or commercial protected premises prior to reporting the alarm signal to the public safety communications center. Verification shall be in accordance with NFPA 72 and Fire District Standard 9-4. 907.2.30 Pet dealers and net boarding facilities. An automatic fire alarm system is reauired to be installed and monitored by an approved supervising station in accordance with this code in pet dealer and pet boarding facilities in compliance with Health and Safety Code Sections 122155 and 122385. Exception: Where an automatic fire sDrinkler system installed and monitored by an aDDroved supervising station in accordance with this code. Ordinance No. FD 57 Page 29 of 50 Page 524 ATTACHMENT 1 907.6.3 Initiating device identification. The fire alarm system shall identify the specific initiating device address, location, device type, floor level where applicable, and status, including indication of normal, alarm, trouble, and/or supervisory status, as appropriate. Exceptions: 1. Exception deleted. 2. Exception deleted. 3. Special initiating devices that do not support individual device identification. 4. Fire alarm systems or devices that are replacing existing equipment. 907.7 Acceptance tests and completion. Upon completion of the installation, modification, repair, or maintenance, the fire alarm system and all fire alarm components shall be tested in accordance with NFPA 72 and Fire District Standard 9-3. SECTION 912 FIRE DEPARTMENT CONNECTIONS 912.1 Installation. Fire department connections shall be installed in accordance with the NFPA standard applicable to the system design and shall comply with Sections 912.2 through 912.7 and Fire District Standard 5-10. 912.2.2 Existing buildings. For existing buildings, where a fire department connection is not visible to approaching fire apparatus, the fire department connection shall be indicated by an approved sign in accordance with Fire District Standard 5-10. 912.5 Signs. A sign in accordance with Fire District Standard 5-10 shall be mounted on all fire department connections serving automatic sprinklers, standpipes, or fire pump connections. Where the fire department connection does not serve the entire building, a sign shall be provided indicating the portions of the building served. SECTION 913 FIRE PUMPS 913.2 Protection against interruption of service. The fire pump, driver, and controller shall be protected in accordance with NFPA 20 against possible interruption of service through damage caused by explosion, fire, flood, earthquake, rodents, insects, windstorm, freezing, vandalism and other adverse conditions. 913.2.3 Alternate source of power. Notwithstanding the availabilitypublic utility provide electric service for a fire pump, electrically driven fire pumps shall be provided with an alternate source of power in accordance with NFPA 20 due to historical and foreseeable extended power interruptions along the California Power Grid due to high demand, high heat, public safety powers shutoffs, and damage to the power and caused by destructive natural events common in Southern California such as wildfires, Santa Ana winds, and earthquakes. 913.2.4 Interruption of service. When a fire pump installed to provide the required demand for one or more fire sprinkler systems experiences an interruption of service, the interruption of service shall constitute the fire sprinkler system being out of service regardless of an uninterrupted supply of water to the fire sprinkler system. An interruption of service to a fire pump shall be in accordance with Section 901.7 of this code. Ordinance No. FD 57 Page 30 of 50 Page 525 ATTACHMENT 1 SECTION 916 GAS DETECTION SYSTEMS 916.2 Permits. Permits shall be required as set forth in Section 105. CHAPTER 10 MEANS OF EGRESS SECTION 1001 ADMINISTRATION 1001.3 Permits. Permits shall be required as set forth in Section 105. SECTION 1003 GENERAL MEANS OF EGRESS 1003.8 Public swimming pools. Public swimming pool enclosures, gates, and means of egress shall be in accordance with the California Building Code, the California Health and Safety Code, and the Fire District Guidance Document for SwimmingPools. CHAPTER 11 EXISTING BUILDINGS SECTION 1101 GENERAL 1101.1 Scope. The provisions of this chapter shall apply to existing buildings constructed prior to the adoption of this code. Construction, fire protection, and life safety in existing buildings shall be in accordance with this chapter, this code, the California Building Code, the California Existing Building Code, other applicable codes, and Fire District Standard 11-1. 1101.2 Intent. The intent of this chapter is to provide a minimum degree of fire and life safety to persons occupying existing buildings by providing minimum construction, fire protection, and life safety requirements where existing buildings do not comply with the minimum requirements of this code or the California Building Code. CHAPTER 12 ENERGY SYSTEMS SECTION 1201 GENERAL 1201.1 Scope. The installation, operation, and maintenance of energy ystems used for generating or storing energy shall be in accordance with this chapter, this code, other applicable codes, and Fire District Standard 12-1. These provisions shall not apply to equipment associated with the generation, control, transformation, transmission, or distribution of energy installations that are under the exclusive control of an electric utility or lawfully designated agency. 1201.4 Permits. Permits shall be reauired as set forth in Section 105. Ordinance No. FD 57 Page 31 of 50 Page 526 ATTACHMENT 1 SECTION 1203 EMERGENCY AND STANDBY POWER SYSTEMS 1203.1.6.1 Alternate source of fuel. Notwithstanding the availabilitypublic utility to provide natural gas for a stationary emergency power generator, natural gas fueled stationga emergency power generators supplied from the public utility shall be provided with an alternate source of fuel or the ability to accept an alternate source of fuel due to historical and foreseeable extended interruptions of the naturalag s supply caused by seismic activity. SECTION 1205 STATIONARY FUEL CELL POWER SYSTEMS 1205.2 Permits. See section 1201.4. SECTION 1206 ELECTRICAL ENERGY STORAGE SYSTEMS 1206.2.1 Permits. See section 1201.4. 1206.3.1 Permits. See Section 1201.4. CHAPTER 20 AVIATION FACILITIES SECTION 2001 GENERAL 2001.3 Permits. Permits shall be required as set forth in Section 105. CHAPTER 21 DRY CLEANING SECTION 2101 GENERAL 2101.2 Permits. Permits shall be required as set forth in Section 105. CHAPTER 22 COMBUSTIBLE DUST -PRODUCING OPERATIONS SECTION 2201 GENERAL 2201.2 Permits. Permits shall be required as set forth in Section 105. Ordinance No. FD 57 Page 32 of 50 Page 527 ATTACHMENT 1 CHAPTER 23 MOTOR FUEL -DISPENSING FACILITIES AND REPAIR GARAGES SECTION 2301 GENERAL 2301.1 Scope. Automotive motor fuel dispensing facilities, marine motor fuel -dispensing facilities, fleet vehicle motor fuel -dispensing facilities, aircraft motor -vehicle fuel -dispensing facilities, residential fueling operations, and repair garages shall be in accordance with this chapter and the California Building Code, California Fuel Gas Code, , California Mechanical Code, and Fire District Standard 23-1. Such operations shall include both those that are accessible to the public and private operations. 2301.2 Permits. Permits shall be required as set forth in Section 105. CHAPTER 25 FRUIT AND CROP RIPENING SECTION 2501 GENERAL 2501.2 Permits. Permits shall be required as set forth in Section 105. CHAPTER 26 FUMIGATION AND INSECTICIDAL FOGGING SECTION 2601 GENERAL 2601.1 Scope. Fumigation and insecticidal fogging operations within buildings, structures, and spaces shall comply with this chapter and the California Food and Agricultural Code, Divisions 6 and 7. Where there are conflicting provisions, the regulations contained in the Food and Agricultural Code shall prevail. 2601.2 Permits. Permits shall be required as set forth in Section 105. Fire Code operational permits are not required to conduct fumigation and insecticidal fogging operations per California State Fire Marshal Informational Bulletin issued 10-03-00. Instead, provide required notification to the fire code official in accordance with Section 2603.3 of this code and the California Business and Professions Code Section 8505.5. CHAPTER 27 SEMICONDUCTOR FABRICATION FACILITIES SECTION 2701 GENERAL 2701.5 Permits. Permits shall be required as set forth in Section 105. Ordinance No. FD 57 Page 33 of 50 Page 528 ATTACHMENT 1 CHAPTER 28 LUMBER YARDS AND AGRO-INDUSTRIAL, SOLID BIOMASS AND WOODWORKING FACILITIES SECTION 2801 GENERAL 2801.2 Permits. Permits shall be required as set forth in Section 105. SECTION 2804 FIRE PROTECTION 2804.5 Water supply. An approved fire hydrant / water supply system capable of supplying 1,500 gpm fire flow for 2 hours shall be provided within 150 feet of all portions of the yard. When required fire flow cannot be provided, the fire code official can impose additional restrictions on pile sizes, locations, and separations. CHAPTER 29 MANUFACTURE OF ORGANIC COATINGS SECTION 2901 GENERAL 2901.2 Permits. Permits shall be required as set forth in Section 105. CHAPTER 31 TENTS, TEMPORARY SPECIAL EVENT STRUCTURES, AND OTHER MEMBRANE STRUCTURES SECTION 3101 GENERAL 3101.1 Scope. Tents, temporary special event structures, and membrane structures shall comply with this chapter, Fire District Standard 4-1, and Fire District Standard 31-1. The provisions of Section 3103 are applicable only to temporary tents and membrane structures. The provisions of Section 3104 and 3106 are applicable to temporary and permanent tents and membrane structures. The provisions of Section 3105 are applicable to temporary special event structures. The provisions of Section 3106 are applicable to outdoor assembly events. Other temporary structures shall comply with the California Building Code. SECTION 3106 OUTDOOR ASSEMBLY EVENTS 3106.1 Scope. Outdoor assembly events shall comply with this section, Chapter 4 as applicable, and all applicable Fire District Standards. 3106.2.2 Permits. Permits shall be required as set forth in Section 105. Ordinance No. FD 57 Page 34 of 50 Page 529 ATTACHMENT 1 CHAPTER 32 HIGH -PILED COMBUSTIBLE STORAGE SECTION 3201 GENERAL 3201.1 Scope. High -piled combustible storage shall be in accordance with this chapter and Fire District Standard 32-1. In addition to the requirements of this chapter, the following material -specific requirements shall apply: Note: No changes to the numbered list. SECTION 3205 HOUSEKEEPING AND MAINTENANCE 3205.6 Designation of storage heights and areas. Where required by the fire code official, a visual method of indicating the maximum allowable storage height and area shall be provided. SECTION 3206 GENERAL FIRE PROTECTION AND LIFE SAFETY FEATURES 3206.7 Fire department access doors. Where fire department access doors are required by Table 3206.2, fire department access doors shall be provided in accordance with Sections 3206.7.1 through 3206.7.9. 3206.7.9 Identification of fire department access doors. Required access doors in any building with a gross floor area greater than 10,000 square feet shall be marked in accordance with Fire District Standard 5-5 to allow for quick identification by firefighters both inside and outside of the building. 3208.3 Flue spaces. Rack storage areas protected with an automatic sprinkler system shall be provided with flue spaces in accordance with Table 3208.3. Required flue spaces shall be maintained. 3208.3.1 Flue space protection and identification. Flue spaces required by Table 3208.3 above the first tier of storage in single-, double-, or multiple -row rack storage installations shall be protected and/or identified in accordance with this section and Fire District Standard 32-1. CHAPTER 33 FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION SECTION 3301 GENERAL 3301.1 Scope. This chapter shall apply to structures in the course of construction, alteration, or demolition, including those in underground locations. This chapter shall also apply to the site and operations associated with construction, alteration, or demolition. Compliance with NFPA 241 and/or Fire District Standard 33-3 is required for items not specifically addressed in this chapter. Ordinance No. FD 57 Page 35 of 50 Page 530 ATTACHMENT 1 3301.3 Fire prevention and site safety program. A fire prevention and site safety program shall be Drovided in accordance with Fire District Standard 33-3. 3301.4 Construction permits. Construction or building permits shall not be issued until the fire code official inspects and approves required fire apparatus access and water supply for the construction site. The issuance of building permits with regard to the requirements of this section shall be in accordance with Fire District Standard 33-1. SECTION 3302 DEFINITIONS Everywhere in this chapter that the term "fire prevention program" is used it shall be understood to mean "fire prevention and site safety_ program" in accordance with Fire District Standard 33-3. Everywhere in this chapter that the term "fire prevention program superintendent" is used it shall be understood to mean "fire prevention and site safety program superintendent." Everywhere in this chapter that the term "fire watch" is used it shall be understood to mean "fire watch and safety standby" as defined in Fire District Standard 2-1. SECTION 3303 TEMPORARY HEATING EQUIPMENT 3303.1 Listed and approved. Temporary heating devices shall be listed and labeled. The installation, maintenance, and use of temporary heating devices shall be in accordance with the listing and the manufacturer's instructions. Installation and/or use of temporary heating devices requires prior approval by the fire code official. SECTION 3304 PRECAUTIONS AGAINST FIRE, DAMAGE, AND INJURY 3304.4 Outdoor fires. All outdoor fires as defined by Fire District Standard 3-1 are prohibited at sites where construction, alteration, and/or demolition work is being performed. 3304.5 Fire watch and safety standby. Where required by the fire code official or the pre -incident plan established in accordance with Section 3308.3 for building demolition, building construction, or work site conditions that are hazardous in nature, qualified personnel shall be provided to serve as an on-site fire watch and/or safety standby. Fire watch and safety standby personnel shall be provided with at least one approved means for notification of the fire department and their sole duty shall be to perform constant patrols and watch for the occurrence of fire. A fire watch and safety standby shall be in accordance with section 403.12.1 and Fire District Standard 9-2. 3304.5.1 Fire watch and safety standby during construction. A fire watch and safety standby shall be provided during non -working hours for construction, alteration, or demolition where the building exceeds 30 feet in height above the lowest adjacent grade for any We of construction or Type V construction that has more than 5,000 square feet of floor area. Exception: Group R-3 occupancies. Ordinance No. FD 57 Page 36 of 50 Page 531 ATTACHMENT 1 3304.5.2 Fire watch and safety standby personnel. Trained personnel shall be provided to serve as an on-site fire watch and safety standby in accordance with Section 403.12.1. The combination of fire watch duties and site security duties is acceptable. 3304.6 Hot work. Welding, cutting,rig nding, soldering or brazingwith flame torches, torch applied processes, and any other hot work or use of open flame devices is required to be conducted under a hot work program administered by the fire prevention and site safety superintendent in accordance with Chapter 35 and Fire District Standard 33-3. 3304.8 Cooking and food warming. Cooking and food warming, including the use of microwave ovens and portable electrical devices, shall be prohibited except in approved cooking and food warming areas. Signs with a minimum letter height of 3 inches and a minimum brush stroke of/2 inch shall be posted in conspicuous locations in designated cooking and food warming areas and state: DESIGNATED COOKING AND FOOD WARMING AREA. COOKING AND WARMING FOOD OUTSIDE OF A DESIGNATED COOKING AND FOOD WARMING AREA IS PROHIBITED. Cooking and food warming restrictions and the location of designated cooking and food warming areas are required to be included in the fire prevention and site safety plan. SECTION 3308 OWNER'S RESPONSIBILITY FOR FIRE PROTECTION AND SITE SAFETY 3308.1 Program development and maintenance. The owner or owner's authorized agent shall be responsible for the development, implementation, and maintenance of a written plan establishing a fire prevention and site safety program at the project site applicable throughout all phases of the construction, repair, alteration, or demolition work. The plan shall address the requirements of this chapter, other applicable portions of this code, and Fire District Standard 33-3. The plan is required to include the duties of staff and staff training requirements. The plan shall be made available for review by the fire code official, everyone who is working on the site, and those who visit the site. SECTION 3309 FIRE AND EMERGENCY REPORTING 3309.1.1 Cellular enabled devices. Cellular enabled devices are an approved equivalent means of communication and can be used in place of emergency telephone facilities when the street address of the construction site is stored in the device and when an alternate emergency telephone number is programmed into the device. The primary phone number for requesting all emergency services is 9-1-1. SECTION 3310 ACCESS FOR FIRE FIGHTING 3310.1 Required access. Approved vehicle access for fire fighting shall be provided to all construction or demolition sites. Vehicle access shall be provided to within 50 feet of temporary or permanent fire department connections. Vehicle access shall be provided by either temporary or permanent roads capable of supporting vehicle loading under all weather conditions. Vehicle access shall be maintained until permanent fire apparatus access roads are available. Temporary fire apparatus access roadways shall be in accordance with Fire District Standard 33-2. Ordinance No. FD 57 Page 37 of 50 Page 532 ATTACHMENT 1 SECTION 3312 WATER SUPPLY FOR FIRE PROTECTION 3312.1 When required. An approved water supply for fire protection, either temporary or permanent, shall be made availablerip �or to combustible material arriving on the site. Temporary water supply and fire hydrants shall be in accordance with Fire District Standard 33-2. Exception: Combustible forms used for foundation work. SECTION 3317 SAFEGUARDING ROOFING OPERATIONS 3317.1 General. Roofing operations utilizing heat -producing systems or other ignition sources shall be conducted in accordance with Sections 3317.2 and 3317.3, Chapter 35, and Fire District Standard 35-1. SECTION 3318 WILDLAND-URBAN INTERFACE FIRE AREAS 3318.1 General. Fire safety during construction and demolition in a wildland-urban interface fire area shall be in accordance with this chapter, this section, Chapter 49, and Fire District Standard 49-1. 3318.2 Fire protection plan. A fire protection plan as required by Fire District Standard 49-1 shall be submitted and approved in conjunction with the submittal and approval of plans for a grading or construction permit. 3318.3 Vegetation management. Approved Zone 1 vegetation management shall be provided prior to combustible material arriving on the site and shall be maintained throughout the duration of construction. The fire code official is authorized to require additional vegetation management and/or defensible space when warranted, in the opinion of the fire official, b, specific conditions. CHAPTER 34 TIRE REBUILDING AND TIRE STORAGE SECTION 3401 GENERAL 3401.2 Permits. Permits shall be required as set forth in Section 105. CHAPTER 35 WELDING AND OTHER HOT WORK SECTION 3501 GENERAL 3501.1 Scope. Welding, cutting, open torches, and other hot work operations and equipment shall comply with this chapter and Fire District Standard 35-1. 3501.2 Permits. Permits shall be required as set forth in Section 105. Ordinance No. FD 57 Page 38 of 50 Page 533 ATTACHMENT 1 3501.3 Restricted areas. Hot work shall only be conducted in areas designed or authorized for that purpose by the personnel responsible for a Hot Work Program. Hot work shall not be conducted in the following areas unless approval has been obtained from the fire code official: 1. Areas where the sprinkler system is impaired. 2. Areas where there exists the potential of an explosive atmosphere, such as locations where flammable gases, liquids or vapors are present. 3. Areas with readily ignitable materials, such as storage of large quantities of bulk sulfur, baled paper, cotton, lint, dust or loose combustible materials. 4. On board ships at dock or ships under construction or repair. 5. Outdoors in a wildland-urban interface fire area. 6. Other areas or locations as specified by the fire code official. CHAPTER 37 COMBUSTIBLE FIBERS SECTION 3701 GENERAL 3701.3 Permits. Permits shall be required as set forth in Section 105. CHAPTER 48 MOTIONPICTURE AND TELEVISION PRODUCTION STUDIO SOUND STAGES, APPROVED PRODUCTION FACILITIES AND PRODUCTIONLOCATIONS SECTION 4803 REQUIRED PERMITS 4803.2 Additional permits. A permit shall be requiredfor: a) Use of pyrotechnic special effects. b) Open flames. c) Flammable or combustible liquids, gases and dust. d) Hot work. e) Presence of motor vehicles within a building. f) Any additional permits required by the fire code official or Section 105. CHAPTER 49 REQUIREMENTS FOR WILDLAND-URBAN INTERFACE FIRE AREAS SECTION 4901 GENERAL 4901.1 Scope. The mitigation of conditions where a wildfire burning in vegetative fuels may readily transmit fire to buildings and threaten to destroy life, overwhelm fire suppression capabilities, or result in large property losses shall comply with this chapter and Fire District Standard 49-1. Ordinance No. FD 57 Page 39 of 50 Page 534 ATTACHMENT 1 CHAPTER 50 HAZARDOUS MATERIALS — GENERAL PROVISIONS SECTION 5001 GENERAL 5001.5 Permits. Permits shall be required as set forth in Sections 105.6 and 105.7. Permittees shall apply for approval to permanently close a storage, use, or handlingfacility. application shall be submitted at least 30 days prior to the termination of the storage, use, or handling of hazardous materials. Such application shall be accompanied by an approved facility closure plan in accordance with Section 5001.6.3. The 30-dayperiod is not applicable when approved based on special circumstances requiring such waiver. CHAPTER 51 AEROSOLS SECTION 5101 GENERAL 5101.2 Permits. Permits shall be required as set forth in Section 105. CHAPTER 53 COMPRESSED GASES SECTION 5301 GENERAL 5301.2 Permits. Permits shall be required as set forth in Section 105. CHAPTER 54 CORROSIVE MATERIALS SECTION 5401 GENERAL 5401.2 Permits. Permits shall be required as set forth in Section 105. CHAPTER 55 CRYOGENIC FLUIDS SECTION 5501 GENERAL 5501.2 Permits. Permits shall be required as set forth in Section 105. Ordinance No. FD 57 Page 40 of 50 Page 535 ATTACHMENT 1 CHAPTER 56 EXPLOSIVES AND FIREWORKS SECTION 5601 GENERAL 5601.1.4 Rocketry. For rocketry requirements see Fire District Standard 56-1 and California Code of Regulations, Title 19, Division 1, Chapter 6, reprinted in Sections 5610, 5611, and 5612. 5601.2 Permits. Permits shall be required as set forth in Section 105 and regulated in accordance with this section. 5601.7 Seizure. The fire code official is authorized to remove or cause to be removed or disposed of in an approved manner, at the expense of the owner, explosives, explosive materials or fireworks offered or exposed for sale, stored, possessed or used in violation of this chapter; the Municipal Code, and California Code of Regulations Title 19, Division 1, Chapter 6. Any seizure or removal pursuant to this section shall be in compliance with all applicable regulations, statutes, and laws. SECTION 5608 FIREWORKS DISPLAY 5608.1 General. Outdoor fireworks displays; use of pyrotechnics before a proximate audience; and pyrotechnic special effects in motion picture, television, theatrical, and group entertainment productions shall comply with this section, California Code of Regulations, Title 19, Division 1, Chapter 6; and Fire District Standard 56-2. §991.7 Firing. All aerial fireworks displays shall be electrically fired. §1003. Operation of Display. (d) Firing. (1) All firing shall be done upon order or signal of the licensed pyrotechnic operator controlling the display. (2) Electric firing (qualifying statement deleted) shall comply with all of the requirements of Article 13.5 of this chapter. (3) Upon conclusion of firing, no unauthorized person shall be permitted access to the firing area until the licensed pyrotechnic operator has determined the area to be safe and secure. (4) Electric firing is required for all aerial fireworks displays and all elements of the displaX including, but not limited to, all mortars regardless of diameter, set pieces, and Roman candles. Ordinance No. FD 57 Page 41 of 50 Page 536 ATTACHMENT 1 CHAPTER 57 FLAMMABLE AND COMBUSTIBLE LIQUIDS SECTION 5704 STORAGE 5704.2.7.6 Repair, alteration or reconstruction of tanks and piping. The repair, alteration or reconstruction, including welding, cutting and hot tapping of storage tanks and piping that have been placed in service, shall be in accordance with NFPA 30 and Fire District Standard 57-1. Hot work, as defined in Section 202, on such tanks shall be conducted in accordance with Section 3510. 5704.2.13 Abandonment and status of tanks. Tanks taken out of service shall be removed in accordance with Section 5704.2.14 and Fire District Standard 57-1, or safeguarded in accordance with Sections 5704.2.13.1 through 5704.2.13.2.3 and API 1604. 5704.2.14 Removal and disposal of tanks. Removal and disposal of tanks shall comply with Sections 5704.2.14.1 and 5704.2.14.2 and Fire District Standard 57-1. 5704.3.3.9 Idle combustible pallets. Storage of empty or idle combustible pallets inside an unprotected liquid storage area shall be limited to a maximum pile size of 500 square feet and to a maximum storage height of 6 feet. Storage of empty or idle combustible pallets inside a protected liquid storage area shall comply with NFPA 13. Pallet storage shall be separated from liquid storage by aisles that are at least 8 feet wide. CHAPTER 58 FLAMMABLE GASES AND FLAMMABLE CRYOGENIC FLUIDS SECTION 5801 GENERAL 5801.2 Permits. Permits shall be required as set forth in Section 105. CHAPTER 59 FLAMMABLE SOLIDS SECTION 5901 GENERAL 5901.2 Permits. Permits shall be required as set forth in Section 105. Ordinance No. FD 57 Page 42 of 50 Page 537 ATTACHMENT 1 CHAPTER 60 HIGHLY TOXIC AND TOXIC MATERIALS SECTION 6001 GENERAL 6001.2 Permits. Permits shall be required as set forth in Section 105. CHAPTER 61 LIQUEFIED PETROLEUM GASES SECTION 6104 LOCATION OF LP -GAS CONTAINERS 6104.2 Maximum capacity within established limits. Within the limits established by law restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested areas, the aggregate capacity of any one installation where LP -gas is the primary source of heat shall not exceed a water capacity of 2,000 gallons in any location determined by the fire code official to create an unacceptable hazard to persons and/or propertX. Exceptions: 1. In particular installations, this capacity limit shall be determined and may be reduced by the fire code official, after consideration of special features such as topographical conditions, nature of occupancy, and proximity to buildings, capacity of proposed containers, degree of fire protection to be provided, and capabilities of the local fire department. 2. Where LP -gas is not the primary source of heat, the aggregate capacity of LP -gas in use and storage on properties with a Group R use shall not exceed 100 pounds or the maximum allowed by this code, whichever is less. SECTION 6107 SAFETY PRECAUTIONS AND DEVICES 6107.5 Container orientation. Containers in multiple -container stationary installations and containers in storage shall be oriented with relation to one another such that the length axes of the containers are parallel. Exception: Portable containers. SECTION 6109 STORAGE OF PORTABLE LP -GAS CONTAINERS AWAITING USE OR RESALE 6109.13 Protection of containers. LP -gas containers shall be stored within a suitable enclosure or otherwise protected against tampering. Where required by the fire code official, vehicle impact protection shall be provided in accordance with Section 312. Exception: Deleted Ordinance No. FD 57 Page 43 of 50 Page 538 ATTACHMENT 1 CHAPTER 62 ORGANIC PEROXIDES SECTION 6201 GENERAL 6201.2 Permits. Permits shall be required as set forth in Section 105. CHAPTER 63 OXIDIZERS, OXIDIZING GASES, AND OXIDIZING CRYOGENIC FLUIDS 6301.1 Scope. The storage and use of oxidizing materials shall be in accordance with this chapter, Chapter 50, and Fire District Standard 63-1. Oxidizing gases shall also comply with Chapter 53. Oxidizing cryogenic fluids shall also comply with Chapter 55. Exceptions: 1. Display and storage in Group M and storage in Group S occupancies complying with Section 5003.11. 2. Bulk oxygen systems at industrial and institutional consumer sites shall be in accordance with NFPA 55. 3. Liquid oxygen and oxygen gas stored or used in home health care in Group I-1, I-4, and R occupancies in accordance with Section 6306 and Fire District Standard 63-1. 6301.2 Permits. Permits shall be required as set forth in Section 105. CHAPTER 64 PYROPHORIC MATERIALS SECTION 6401 GENERAL 6401.2 Permits. Permits shall be required as set forth in Section 105. CHAPTER 65 PYROXYLIN (CELLULOSE NITRATE) PLASTICS SECTION 6501 GENERAL 6501.2 Permits. Permits shall be required as set forth in Section 105. Ordinance No. FD 57 Page 44 of 50 Page 539 CHAPTER 66 UNSTABLE (REACTIVE) MATERIALS SECTION 6601 GENERAL 6601.2 Permits. Permits shall be required as set forth in Section 105. CHAPTER 67 WATER -REACTIVE SOLIDS AND LIQUIDS SECTION 6701 GENERAL 6701.2 Permits. Permits shall be required as set forth in Section 105. ATTACHMENT 1 Ordinance No. FD 57 Page 45 of 50 Page 540 ATTACHMENT 1 CHAPTER 80 REFERENCED STANDARDS Standards of the Rancho Cucamonga Fire Protection District Number Standard Title 1-1 Operational Permits 1-2 Construction Permits 2-1 Definitions 3-1 Oen Burning 3-2 Oen Flames 3-3 General Storage 3-4 Waste Handling and Recycling Facilities 3-5 Weed and Fire Hazard Abatement 4-1 Outdoor Carnivals, Fairs, and Public Assemblages 4-2 Indoor Tradeshows, Exhibits, and Displays 4-3 Special Amusement Buildings 4-4 Seasonal Sales Lots 4-5 Emergency Guides 5-1 Fire Apparatus Access Roads 5-2 Permanent Alternative Material All -Weather Fire Apparatus Access Road 5-3 Residential Gates 5-4 Commercial & Industrial Gates 5-5 Identification of Access Doors in Commercial/Industrial Buildings 5-6 Roof Access 5-7 Multi -Family Residential Building Address Signage 5-8 Commercial/Industrial Building Address Signage 5-9 Knox Boxes 5-10 Fire Protection Water Supply Systems 5-11 Site Plan Criteria 6-1 Commercial Cooking Operations 8-1 Schools and Classrooms 9-1 Non -Required Systems 9-2 Systems Out of Service - Fire Watch & Impairment Coordinator 9-3 Fire Alarm and Monitoring Systems 9-4 Alarm Signal Verification 9-5 Fire Sprinkler Systems 9-6 Fire Extinguishing Systems 11-1 Existing Buildings 12-1 Energy Systems 23-1 Residential Fueling Operations 31-1 Tents, Temporary Special Event Structures, and Other Membrane Structures 32-1 High -Piled Combustible Storage 33-1 Release of Construction Permits 33-2 Temporary Fire Apparatus Access Roads and Hydrants 33-3 Fire Prevention and Site Safety During Construction 35-1 Hot Work 49-1 Wildland-Urban Interface Fire Area 56-1 Model Rockets 56-2 Fireworks Displays 57-1 Hazardous Materials Tank Abandonment and Removal 63-1 Oxygen Use in Home Health Care and Residential Occupancies Ordinance No. FD 57 Page 46 of 50 Page 541 ATTACHMENT 1 APPENDIX A BOARD OF APPEALS A101.2 Membership. The membership of the board shall consist of five voting members having the qualifications established by this section. Members shall be nominated by the fire code official or the chief administrative officer of the District subject to confirmation in accordance with the policies of the City of Rancho Cucamonga. Members shall serve without remuneration or compensation and shall be removed from office prior to the end of their appointed terms only for cause. The fire code official shall be an ex officio member of said board but shall have no vote on any matter before the board except for the removal of a board member in accordance with Section A101.3. Where there is a practical difficulty with impaneling a board with the members outlined herein, the makeup of the board may be altered in accordance with a plan agreed to by the fire code official and the appellant. A101.3 Terms of office. Members shall be appointed to hear and rule on a specific appeal. The term of office shall be for the duration of the appeal process for a specific appeal. Upon completion of all required duties for said appeal, the board shall automatically be dissolved. A101.3.1 Initial appointments. Deleted A101.3.2 Vacancies. Vacancies shall be filled in accordance with Section A101.2 herein consistent with the procedures for establishing membership of the board. A101.3.3 Removal from office. Members shall be removed from the board prior to the end of the appeal process only for cause. Continued absence of any member from regular meetings of the board shall, at the discretion of a majority of the membership of the board, render any such member ineligible for continued service on the board. A101.7 Meetings. The board shall be established and convene its first meeting within 30 days after notice of appeal has been received. A101.8 Conflict of interest. Members with a material or financial interest in a matter under appeal shall not be eligible to serve on the board. Persons who are being considered for membership on a board are required to disclose any actual or potential conflicts to the fire code official or the chief administrative officer of the District. Appointees to the board who are found to have a material or financial interest in the matter before the board shall be immediatelv removed from the board for cause and shall be ineligible to serve on future boards. A101.9 Decisions. The board shall render a decision within 10 calendar days and shall file the decision in writing with the office of the fire code official. The decision shall be open to public inspection and shall be a public record. A certified copy of the decision shall be sent to the appellant. A cop, of the decision shall also be provided to the CalFire San Bernardino Unit where applicable. A101.10 Procedures. The board shall be operated in accordance with the California Code of Civil Procedure and may establish rules and regulations for its own procedure not inconsistent with the provisions of this code and applicable state law. Ordinance No. FD 57 Page 47 of 50 Page 542 ATTACHMENT 1 APPENDIX N INDOOR TRADE SHOWS AND EXHIBITIONS SECTION N101 GENERAL N101.2 Permits. Permits shall be required as set forth in Section 105. APPENDIX O TEMPORARY HAUNTED HOUSES, GHOST WALKS AND SIMILAR AMUSEMENT USES SECTION 0101 GENERAL 0101.2 Permits. Permits shall be required as set forth in Section 105 for haunted houses, ghost walks, or similar amusement uses in accordance with Appendix 0101.2.1. Ordinance No. FD 57 Page 48 of 50 Page 543 ATTACHMENT 1 SECTION 5. Violation Penalties It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this Ordinance or the Codes adopted hereby. In addition to any other penalties set forth in this Ordinance, any person, firm, partnership, or corporation violating any provision of this Ordinance or the Codes adopted hereby or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any provision of this Ordinance or the Codes adopted hereby is committed, continued, or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefore as provided in this Ordinance. SECTION 6. Abatement of Nuisance The violation of any of the provisions of this Ordinance or the Codes adopted hereby shall constitute a nuisance and may be abated by the Board through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances. SECTION 7. Severability The Board hereby declares that should any provision, section, paragraph, sentence, or word of this Ordinance or the Code hereby adopted be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance and the Codes hereby adopted shall remain in full force and effect. SECTION 8. Rights Reserved Nothing in this Ordinance or in the Fire Code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or any liability incurred, or any cause or causes of action, or any existing agreement under any ordinance hereby repealed as cited in Section 1 of this Ordinance; nor shall any just or legal right or remedy of any character be lost, impaired, or affected by this Ordinance. SECTION 9. Publication The Secretary of the District shall certify to the adoption of this ordinance and shall cause the same or a summary thereof to be published and posted as required by law. SECTION 10. Date of Effect This Ordinance shall take effect at 12:01 a.m. on January 4, 2020. Ordinance No. FD 57 Page 49 of 50 Page 544 ATTACHMENT 1 PASSED, APPROVED, AND ADOPTED this day of AYES: NOES: ABSENT: ABSTAINED: L. Dennis Michael, President ATTEST: Janice C. Reynolds, Secretary 2019. I, Janice C. Reynolds, Secretary of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Ordinance was introduced for first reading by the Board of Directors of the Rancho Cucamonga Fire Protection District at a regular meeting of said Board held on the day of , 2019, and was finally passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District at a regular meeting of said Board held on the. day of , 2019. Executed this day of , 2019 at Rancho Cucamonga, California. Janice C. Reynolds, Secretary Ordinance No. FD 57 Page 50 of 50 Page 545