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Home My WebLink About2022/11/02 - Regular MeetingPUBLIC HEARING FOR CONSIDERATION OF MUNICIPAL CODE AMENDMENT AND ZONING MAP AMENDMENT – CITY OF RANCHO CUCAMONGA – Consideration of a proposal to amend Title 17 of the Municipal Code to incorporate new development standards related to, for example, structure height, modifications to existing topographical conditions, and the City’s application processing requirements applicable to thirtyeight (38) properties that are located on the north and south sides of Camino Predera and all properties that have street frontage along Predera Court, a residential neighborhood generally located north of Foothill Boulevard/Pacific Electric (PE) Trail and west of Carnelian Avenue/Cucamonga Creek, in the Low Residential (L) Zone and amend the Zoning Map to establish an overlay zoning district (“Camino Predera Overlay”) that identifies which properties are subject to the new development standards; APNs: 020763101 through 11 and 14 through 25, and 020764101 through 15. These amendments are exempt from environmental review pursuant to Section 15161(b)(3) of the California Environmental Quality Act (CEQA) Guidelines. DRC202000004 and DRC202200315. (ORDINANCE NO. 1012) (CITY) Mayor L. Dennis Michael Mayor Pro Tem Lynne B. Kennedy Members of the City Council: Ryan A. Hutchison Kristine D. Scott CITY OF RANCHO CUCAMONGA REGULAR MEETING AGENDA November 2, 2022 10500 Civic Center Drive Rancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCIL HOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLIC FINANCE AUTHORITY CLOSED SESSION TAPIA CONFERENCE ROOM 4:30 P.M. REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M. The City Council meets 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. It Is the Intent to conclude the meeting by 10:00 p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings of meetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. Live Broadcast available on Channel 3 (RCTV 3). CLOSED SESSION – 4:30 P.M. TAPIA CONFERENCE ROOM ROLL CALL: Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison and Scott A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) C. CITY MANAGER ANNOUNCEMENTS D. CONDUCT OF CLOSED SESSION D1.CONFERENCE WITH LABOR NEGOTIATORS JENIFER PHILLIPS, DEPUTY DIRECTOR OF HUMAN RESOURCES AND ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 AND FIRE MANAGEMENT EMPLOYEES GROUP – (FIRE) D2.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8408 ROCHESTER AVENUE, RANCHO CUCAMONGA, CA 91730 (RANCHO CUCAMONGA EPICENTER STADIUM); AGENCY NEGOTIATORS: JOHN GILLISON, JENNIFER HUNTGRACIA AND WILLIAM WITTKOPF, REPRESENTING THE CITY OF RANCHO CUCAMONGA; NEGOTIATING PARTY: RANCHO BASEBALL LLC ; REGARDING PRICE AND TERMS OF PAYMENT – (CITY) D3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY IDENTIFIED AS PARCEL NUMBERS 0227121560000 COMMONLY KNOWN AS ADDRESS 7089 ETIWANDA AVENUE, RANCHO CUCAMONGA, CA 91730; NEGOTIATING PARTIES MATT BURRIS, DEPUTY CITY MANAGER ECONOMIC AND COMMUNITY DEVELOPMENT, REPRESENTING THE CITY OF RANCHO CUCAMONGA, RAYMOND WOLFE, EXECUTIVE DIRECTOR, REPRESENTING SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (SBCTA), REGARDING PRICE AND TERMS. – CITY D4.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V. SOUTHERN CALIFORNIA EDISON, SBSC CASE NO.: PENDING. (CITY) D5. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V. SOUTHERN CALIFORNIA EDISON, SBSC CASE NO.: CIVSB2201969. (CITY) D6.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V. BTC III RANCHO CUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITY COMPANY, SBSC CASE NO.: CIVSB2201955. (CITY) E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California. REGULAR MEETING – 7:00 P.M. COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE ROLL CALL:Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison and Scott A. AMENDMENTS TO THE AGENDA B. ANNOUNCEMENT / PRESENTATIONS B1.Presentation of Healthy RC Community Empowerment Mini Grants. B2.Overview of 2022 Safe Routes to School Walk to School Day. C. PUBLIC COMMUNICATIONS Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion. Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar. D. CONSENT CALENDAR D1.Consideration of Meeting Minutes for the Adjourned Regular Meeting of: October 4, 2022 and Special Joint City Council and Planning Commission/Historic Preservation Commission Meeting of October 19, 2022. D2.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $1,874,446.49 and City and Fire District Weekly Check Registers (No Checks Issued to Southern California Gas Company) in the Total Amount of $7,515,473.99 Dated October 10, 2022, Through October 23, 2022 and City and Fire District Electronic Debit Registers for the Month of September in the Total Amount of $1,722,258.59. (CITY/FIRE) D3.AB 361 Findings for Special Brown Act Requirements for Teleconference. (CITY/FIRE) D4.Consideration to Adopt a Resolution Approving a Side Letter Agreement Between the City of Rancho Cucamonga and Teamsters Local 1932. (RESOLUTION NO. 2022136) (CITY) D5.Consideration of a Professional Services Agreement with Granicus (GovQA) for Public Records Request Management Software in an Amount Not to Exceed $170,000 for a total of seven years. (CITY) D6.Consideration to Approve Professional Services Agreements to Add an Additional Seven Selected Vendors for OnCall CEQA Environmental Consulting Services. (CITY) D7.Consideration to Award a Contract to DUDEK for the Preparation of an Urban Forest Management Plan in an Amount Not to Exceed $250,000. (CITY/FIRE) D8.Consideration of an Appropriation in the Amount of $360,033 for the Contract to ConvergeOne, Inc. for Replacement of Library Network Equipment Under the USAC ERate Program. (CITY) D9.Consideration of an Increase to AMG & Associates, Inc. Contract No. FD 2021011 in the Amount of $278,000 and Authorization of an Appropriation in the Amount of $278,000 for the Fire Station 178 Project. (FIRE) D10.Consideration of Amendment No. 3 to Contract No. 2020107 with Champion Fire Systems for Fire Suppression System Maintenance and an Increase to the Contract Spending Limit for Fiscal Year 2022/2023. (CITY/FIRE) D11.Consideration to Accept as Complete, File a Notice of Completion, and Authorize Release of Retention and Bonds for the Civic Center COVID19 and ADA Improvements Project (CO# 2021103). (CITY) D12.Consideration of Adoption of a Resolution Declaring Results of a Special Election in Community Facilities District No. 851, Annexation No. 223, and Ordering the Annexation of Such Property Located at 13120 Napa Street and 13160 Napa Street in Community Facilities District No. 851. (RESOLUTION NO. FD 2022033) (FIRE) D13.Consideration of Adoption of a Resolution Declaring Results of a Special Election in Community Facilities District No. 881, Annexation No. 88221, and Ordering the Annexation of Such Property Located at 4552 Haven Avenue in Community Facilities District No. 881. (RESOLUTION NO. FD 2022034) (FIRE) D14.Consideration of Resolution No. FD 2022035, Setting Forth the Findings that Allow the Board of Directors to Make Amendments and Other Changes to the 2022 California Fire Code by Approval of an Ordinance Adopting Said Fire Code. (RESOLUTION NO. FD 2022035) (FIRE) D15.Consideration to Approve a Resolution Adopting an Amendment to the Rancho Cucamonga Management Association and Rancho Cucamonga City Employees Association Salary Schedules for the Fiscal Year 2022/2023. (RESOLUTION NO. 2022129) (CITY) D16.Consideration of a Resolution Setting Forth the Findings that Allow the City Council to Make Amendments and Other Changes to the 2022 California Codes, and 2021 International Codes by Approval of the Ordinance Adopting Said Codes. (RESOLUTION NO. 2022130) (CITY) D17.Consideration of Tract Map 20353, Improvement Agreement and Improvement Securities for Street Improvements, Order the Annexation to Landscape Maintenance District No. 1 and Street Light Maintenance Districts Nos. 1 and 2 Related to Case No. SUBTT20353, Located at 6929 Hellman Avenue. (RESOLUTION NO. 2022133) (RESOLUTION NO. 2022134) (RESOLUTION NO. 2022135) (CITY) E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION F. ADMINISTRATIVE HEARING ITEM(S) F1.Public Hearing to Consider the Detachment of Certain Property from Street Lighting Maintenance Districts Nos. 1 and 6 and Consideration of the Approval of a Resolution Ordering the Detachment of Such Property from the Districts and to Adjust the Boundary of Each District’s Map. (RESOLUTION NO. 2022131 AND RESOLUTION NO. 2022132) (CITY) G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT G1. G2.Public Hearing for Consideration of Second Reading and Adoption of Ordinance No. 1011, to be Read by Title Only and Waive Further Reading, Adopting the 2022 Edition of the California Building Model Codes and the 2021 Edition of the International Building Codes. (ORDINANCE NO. 1011) (CITY) G3.Public Hearing for Consideration of Second Reading and Adoption of Ordinance No. FD58, to be Read by Title Only and Waive Further Reading, An Ordinance of the Board of Directors of the Rancho Cucamonga Fire Protection District Adopting by Reference the 2022 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. (ORDINANCE NO. FD58) (FIRE) H. CITY MANAGER'S STAFF REPORT(S) H1.Consideration to Receive and File Quarterly Financial Update for the First Quarter of the Fiscal Year 2022/23. (CITY/FIRE) H2.Consideration to Approve Submittal of a Letter of Interest for Participation in the San Bernardino Regional Housing Trust. (CITY) H3.Consideration to Approve the City Manager's Amended and Restated Employment Agreement. (CITY) I. COUNCIL BUSINESS I1.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I2.INTERAGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. 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 SeventyTwo (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 LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 4772700. 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. CITY COUNCIL VISION STATEMENT “Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive.” Page 1 PUBLIC HEARING FOR CONSIDERATION OF MUNICIPAL CODE AMENDMENT AND ZONING MAP AMENDMENT – CITY OF RANCHO CUCAMONGA – Consideration of a proposal to amend Title 17 of the Municipal Code to incorporate new development standards related to, for example, structure height, modifications to existing topographical conditions, and the City’s application processing requirements applicable to thirtyeight (38) properties that are located on the north and south sides of Camino Predera and all properties that have street frontage along Predera Court, a residential neighborhood generally located north of Foothill Boulevard/Pacific Electric (PE) Trail and west of Carnelian Avenue/Cucamonga Creek, in the Low Residential (L) Zone and amend the Zoning Map to establish an overlay zoning district (“Camino Predera Overlay”) that identifies which properties are subject to the new development standards; APNs: 020763101 through 11 and 14 through 25, and 020764101 through 15. These amendments are exempt from environmental review pursuant to Section 15161(b)(3) of the California Environmental Quality Act (CEQA) Guidelines. DRC202000004 and DRC202200315. (ORDINANCE NO. 1012) (CITY) MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. Scott CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDANovember 2, 202210500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TAPIA CONFERENCE ROOM 4:30 P.M.REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. LiveBroadcast available on Channel 3 (RCTV 3).CLOSED SESSION – 4:30 P.M. TAPIA CONFERENCE ROOM ROLL CALL: Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison and ScottA. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)C. CITY MANAGER ANNOUNCEMENTS D. CONDUCT OF CLOSED SESSION D1.CONFERENCE WITH LABOR NEGOTIATORS JENIFER PHILLIPS, DEPUTY DIRECTOR OF HUMAN RESOURCES AND ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 AND FIRE MANAGEMENT EMPLOYEES GROUP – (FIRE) D2.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8408 ROCHESTER AVENUE, RANCHO CUCAMONGA, CA 91730 (RANCHO CUCAMONGA EPICENTER STADIUM); AGENCY NEGOTIATORS: JOHN GILLISON, JENNIFER HUNTGRACIA AND WILLIAM WITTKOPF, REPRESENTING THE CITY OF RANCHO CUCAMONGA; NEGOTIATING PARTY: RANCHO BASEBALL LLC ; REGARDING PRICE AND TERMS OF PAYMENT – (CITY) D3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY IDENTIFIED AS PARCEL NUMBERS 0227121560000 COMMONLY KNOWN AS ADDRESS 7089 ETIWANDA AVENUE, RANCHO CUCAMONGA, CA 91730; NEGOTIATING PARTIES MATT BURRIS, DEPUTY CITY MANAGER ECONOMIC AND COMMUNITY DEVELOPMENT, REPRESENTING THE CITY OF RANCHO CUCAMONGA, RAYMOND WOLFE, EXECUTIVE DIRECTOR, REPRESENTING SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (SBCTA), REGARDING PRICE AND TERMS. – CITY D4.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V. SOUTHERN CALIFORNIA EDISON, SBSC CASE NO.: PENDING. (CITY) D5. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V. SOUTHERN CALIFORNIA EDISON, SBSC CASE NO.: CIVSB2201969. (CITY) D6.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V. BTC III RANCHO CUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITY COMPANY, SBSC CASE NO.: CIVSB2201955. (CITY) E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California. REGULAR MEETING – 7:00 P.M. COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE ROLL CALL:Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison and Scott A. AMENDMENTS TO THE AGENDA B. ANNOUNCEMENT / PRESENTATIONS B1.Presentation of Healthy RC Community Empowerment Mini Grants. B2.Overview of 2022 Safe Routes to School Walk to School Day. C. PUBLIC COMMUNICATIONS Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion. Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar. D. CONSENT CALENDAR D1.Consideration of Meeting Minutes for the Adjourned Regular Meeting of: October 4, 2022 and Special Joint City Council and Planning Commission/Historic Preservation Commission Meeting of October 19, 2022. D2.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $1,874,446.49 and City and Fire District Weekly Check Registers (No Checks Issued to Southern California Gas Company) in the Total Amount of $7,515,473.99 Dated October 10, 2022, Through October 23, 2022 and City and Fire District Electronic Debit Registers for the Month of September in the Total Amount of $1,722,258.59. (CITY/FIRE) D3.AB 361 Findings for Special Brown Act Requirements for Teleconference. (CITY/FIRE) D4.Consideration to Adopt a Resolution Approving a Side Letter Agreement Between the City of Rancho Cucamonga and Teamsters Local 1932. (RESOLUTION NO. 2022136) (CITY) D5.Consideration of a Professional Services Agreement with Granicus (GovQA) for Public Records Request Management Software in an Amount Not to Exceed $170,000 for a total of seven years. (CITY) D6.Consideration to Approve Professional Services Agreements to Add an Additional Seven Selected Vendors for OnCall CEQA Environmental Consulting Services. (CITY) D7.Consideration to Award a Contract to DUDEK for the Preparation of an Urban Forest Management Plan in an Amount Not to Exceed $250,000. (CITY/FIRE) D8.Consideration of an Appropriation in the Amount of $360,033 for the Contract to ConvergeOne, Inc. for Replacement of Library Network Equipment Under the USAC ERate Program. (CITY) D9.Consideration of an Increase to AMG & Associates, Inc. Contract No. FD 2021011 in the Amount of $278,000 and Authorization of an Appropriation in the Amount of $278,000 for the Fire Station 178 Project. (FIRE) D10.Consideration of Amendment No. 3 to Contract No. 2020107 with Champion Fire Systems for Fire Suppression System Maintenance and an Increase to the Contract Spending Limit for Fiscal Year 2022/2023. (CITY/FIRE) D11.Consideration to Accept as Complete, File a Notice of Completion, and Authorize Release of Retention and Bonds for the Civic Center COVID19 and ADA Improvements Project (CO# 2021103). (CITY) D12.Consideration of Adoption of a Resolution Declaring Results of a Special Election in Community Facilities District No. 851, Annexation No. 223, and Ordering the Annexation of Such Property Located at 13120 Napa Street and 13160 Napa Street in Community Facilities District No. 851. (RESOLUTION NO. FD 2022033) (FIRE) D13.Consideration of Adoption of a Resolution Declaring Results of a Special Election in Community Facilities District No. 881, Annexation No. 88221, and Ordering the Annexation of Such Property Located at 4552 Haven Avenue in Community Facilities District No. 881. (RESOLUTION NO. FD 2022034) (FIRE) D14.Consideration of Resolution No. FD 2022035, Setting Forth the Findings that Allow the Board of Directors to Make Amendments and Other Changes to the 2022 California Fire Code by Approval of an Ordinance Adopting Said Fire Code. (RESOLUTION NO. FD 2022035) (FIRE) D15.Consideration to Approve a Resolution Adopting an Amendment to the Rancho Cucamonga Management Association and Rancho Cucamonga City Employees Association Salary Schedules for the Fiscal Year 2022/2023. (RESOLUTION NO. 2022129) (CITY) D16.Consideration of a Resolution Setting Forth the Findings that Allow the City Council to Make Amendments and Other Changes to the 2022 California Codes, and 2021 International Codes by Approval of the Ordinance Adopting Said Codes. (RESOLUTION NO. 2022130) (CITY) D17.Consideration of Tract Map 20353, Improvement Agreement and Improvement Securities for Street Improvements, Order the Annexation to Landscape Maintenance District No. 1 and Street Light Maintenance Districts Nos. 1 and 2 Related to Case No. SUBTT20353, Located at 6929 Hellman Avenue. (RESOLUTION NO. 2022133) (RESOLUTION NO. 2022134) (RESOLUTION NO. 2022135) (CITY) E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION F. ADMINISTRATIVE HEARING ITEM(S) F1.Public Hearing to Consider the Detachment of Certain Property from Street Lighting Maintenance Districts Nos. 1 and 6 and Consideration of the Approval of a Resolution Ordering the Detachment of Such Property from the Districts and to Adjust the Boundary of Each District’s Map. (RESOLUTION NO. 2022131 AND RESOLUTION NO. 2022132) (CITY) G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT G1. G2.Public Hearing for Consideration of Second Reading and Adoption of Ordinance No. 1011, to be Read by Title Only and Waive Further Reading, Adopting the 2022 Edition of the California Building Model Codes and the 2021 Edition of the International Building Codes. (ORDINANCE NO. 1011) (CITY) G3.Public Hearing for Consideration of Second Reading and Adoption of Ordinance No. FD58, to be Read by Title Only and Waive Further Reading, An Ordinance of the Board of Directors of the Rancho Cucamonga Fire Protection District Adopting by Reference the 2022 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. (ORDINANCE NO. FD58) (FIRE) H. CITY MANAGER'S STAFF REPORT(S) H1.Consideration to Receive and File Quarterly Financial Update for the First Quarter of the Fiscal Year 2022/23. (CITY/FIRE) H2.Consideration to Approve Submittal of a Letter of Interest for Participation in the San Bernardino Regional Housing Trust. (CITY) H3.Consideration to Approve the City Manager's Amended and Restated Employment Agreement. (CITY) I. COUNCIL BUSINESS I1.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I2.INTERAGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. 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 SeventyTwo (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 LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 4772700. 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. CITY COUNCIL VISION STATEMENT “Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive.” Page 2 PUBLIC HEARING FOR CONSIDERATION OF MUNICIPAL CODE AMENDMENT AND ZONING MAP AMENDMENT – CITY OF RANCHO CUCAMONGA – Consideration of a proposal to amend Title 17 of the Municipal Code to incorporate new development standards related to, for example, structure height, modifications to existing topographical conditions, and the City’s application processing requirements applicable to thirtyeight (38) properties that are located on the north and south sides of Camino Predera and all properties that have street frontage along Predera Court, a residential neighborhood generally located north of Foothill Boulevard/Pacific Electric (PE) Trail and west of Carnelian Avenue/Cucamonga Creek, in the Low Residential (L) Zone and amend the Zoning Map to establish an overlay zoning district (“Camino Predera Overlay”) that identifies which properties are subject to the new development standards; APNs: 020763101 through 11 and 14 through 25, and 020764101 through 15. These amendments are exempt from environmental review pursuant to Section 15161(b)(3) of the California Environmental Quality Act (CEQA) Guidelines. DRC202000004 and DRC202200315. (ORDINANCE NO. 1012) (CITY) MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. Scott CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDANovember 2, 202210500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TAPIA CONFERENCE ROOM 4:30 P.M.REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. LiveBroadcast available on Channel 3 (RCTV 3).CLOSED SESSION – 4:30 P.M. TAPIA CONFERENCE ROOM ROLL CALL: Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison and ScottA. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)C. CITY MANAGER ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LABOR NEGOTIATORS JENIFER PHILLIPS, DEPUTY DIRECTOR OFHUMAN RESOURCES AND ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PERGOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THERANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 AND FIRE MANAGEMENT EMPLOYEESGROUP – (FIRE)D2.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8408 ROCHESTER AVENUE, RANCHO CUCAMONGA,CA 91730 (RANCHO CUCAMONGA EPICENTER STADIUM); AGENCY NEGOTIATORS: JOHNGILLISON, JENNIFER HUNTGRACIA AND WILLIAM WITTKOPF, REPRESENTING THE CITY OFRANCHO CUCAMONGA; NEGOTIATING PARTY: RANCHO BASEBALL LLC ; REGARDING PRICEAND TERMS OF PAYMENT – (CITY)D3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY IDENTIFIED AS PARCEL NUMBERS 0227121560000 COMMONLYKNOWN AS ADDRESS 7089 ETIWANDA AVENUE, RANCHO CUCAMONGA, CA 91730;NEGOTIATING PARTIES MATT BURRIS, DEPUTY CITY MANAGER ECONOMIC AND COMMUNITYDEVELOPMENT, REPRESENTING THE CITY OF RANCHO CUCAMONGA, RAYMOND WOLFE,EXECUTIVE DIRECTOR, REPRESENTING SAN BERNARDINO COUNTY TRANSPORTATIONAUTHORITY (SBCTA), REGARDING PRICE AND TERMS. – CITYD4.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.SOUTHERN CALIFORNIA EDISON, SBSC CASE NO.: PENDING. (CITY)D5. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH(4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHOCUCAMONGA V. SOUTHERN CALIFORNIA EDISON, SBSC CASE NO.: CIVSB2201969. (CITY)D6.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.BTC III RANCHO CUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITYCOMPANY, SBSC CASE NO.: CIVSB2201955. (CITY) E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California. REGULAR MEETING – 7:00 P.M. COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE ROLL CALL:Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison and Scott A. AMENDMENTS TO THE AGENDA B. ANNOUNCEMENT / PRESENTATIONS B1.Presentation of Healthy RC Community Empowerment Mini Grants. B2.Overview of 2022 Safe Routes to School Walk to School Day. C. PUBLIC COMMUNICATIONS Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion. Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar. D. CONSENT CALENDAR D1.Consideration of Meeting Minutes for the Adjourned Regular Meeting of: October 4, 2022 and Special Joint City Council and Planning Commission/Historic Preservation Commission Meeting of October 19, 2022. D2.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $1,874,446.49 and City and Fire District Weekly Check Registers (No Checks Issued to Southern California Gas Company) in the Total Amount of $7,515,473.99 Dated October 10, 2022, Through October 23, 2022 and City and Fire District Electronic Debit Registers for the Month of September in the Total Amount of $1,722,258.59. (CITY/FIRE) D3.AB 361 Findings for Special Brown Act Requirements for Teleconference. (CITY/FIRE) D4.Consideration to Adopt a Resolution Approving a Side Letter Agreement Between the City of Rancho Cucamonga and Teamsters Local 1932. (RESOLUTION NO. 2022136) (CITY) D5.Consideration of a Professional Services Agreement with Granicus (GovQA) for Public Records Request Management Software in an Amount Not to Exceed $170,000 for a total of seven years. (CITY) D6.Consideration to Approve Professional Services Agreements to Add an Additional Seven Selected Vendors for OnCall CEQA Environmental Consulting Services. (CITY) D7.Consideration to Award a Contract to DUDEK for the Preparation of an Urban Forest Management Plan in an Amount Not to Exceed $250,000. (CITY/FIRE) D8.Consideration of an Appropriation in the Amount of $360,033 for the Contract to ConvergeOne, Inc. for Replacement of Library Network Equipment Under the USAC ERate Program. (CITY) D9.Consideration of an Increase to AMG & Associates, Inc. Contract No. FD 2021011 in the Amount of $278,000 and Authorization of an Appropriation in the Amount of $278,000 for the Fire Station 178 Project. (FIRE) D10.Consideration of Amendment No. 3 to Contract No. 2020107 with Champion Fire Systems for Fire Suppression System Maintenance and an Increase to the Contract Spending Limit for Fiscal Year 2022/2023. (CITY/FIRE) D11.Consideration to Accept as Complete, File a Notice of Completion, and Authorize Release of Retention and Bonds for the Civic Center COVID19 and ADA Improvements Project (CO# 2021103). (CITY) D12.Consideration of Adoption of a Resolution Declaring Results of a Special Election in Community Facilities District No. 851, Annexation No. 223, and Ordering the Annexation of Such Property Located at 13120 Napa Street and 13160 Napa Street in Community Facilities District No. 851. (RESOLUTION NO. FD 2022033) (FIRE) D13.Consideration of Adoption of a Resolution Declaring Results of a Special Election in Community Facilities District No. 881, Annexation No. 88221, and Ordering the Annexation of Such Property Located at 4552 Haven Avenue in Community Facilities District No. 881. (RESOLUTION NO. FD 2022034) (FIRE) D14.Consideration of Resolution No. FD 2022035, Setting Forth the Findings that Allow the Board of Directors to Make Amendments and Other Changes to the 2022 California Fire Code by Approval of an Ordinance Adopting Said Fire Code. (RESOLUTION NO. FD 2022035) (FIRE) D15.Consideration to Approve a Resolution Adopting an Amendment to the Rancho Cucamonga Management Association and Rancho Cucamonga City Employees Association Salary Schedules for the Fiscal Year 2022/2023. (RESOLUTION NO. 2022129) (CITY) D16.Consideration of a Resolution Setting Forth the Findings that Allow the City Council to Make Amendments and Other Changes to the 2022 California Codes, and 2021 International Codes by Approval of the Ordinance Adopting Said Codes. (RESOLUTION NO. 2022130) (CITY) D17.Consideration of Tract Map 20353, Improvement Agreement and Improvement Securities for Street Improvements, Order the Annexation to Landscape Maintenance District No. 1 and Street Light Maintenance Districts Nos. 1 and 2 Related to Case No. SUBTT20353, Located at 6929 Hellman Avenue. (RESOLUTION NO. 2022133) (RESOLUTION NO. 2022134) (RESOLUTION NO. 2022135) (CITY) E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION F. ADMINISTRATIVE HEARING ITEM(S) F1.Public Hearing to Consider the Detachment of Certain Property from Street Lighting Maintenance Districts Nos. 1 and 6 and Consideration of the Approval of a Resolution Ordering the Detachment of Such Property from the Districts and to Adjust the Boundary of Each District’s Map. (RESOLUTION NO. 2022131 AND RESOLUTION NO. 2022132) (CITY) G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT G1. G2.Public Hearing for Consideration of Second Reading and Adoption of Ordinance No. 1011, to be Read by Title Only and Waive Further Reading, Adopting the 2022 Edition of the California Building Model Codes and the 2021 Edition of the International Building Codes. (ORDINANCE NO. 1011) (CITY) G3.Public Hearing for Consideration of Second Reading and Adoption of Ordinance No. FD58, to be Read by Title Only and Waive Further Reading, An Ordinance of the Board of Directors of the Rancho Cucamonga Fire Protection District Adopting by Reference the 2022 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. (ORDINANCE NO. FD58) (FIRE) H. CITY MANAGER'S STAFF REPORT(S) H1.Consideration to Receive and File Quarterly Financial Update for the First Quarter of the Fiscal Year 2022/23. (CITY/FIRE) H2.Consideration to Approve Submittal of a Letter of Interest for Participation in the San Bernardino Regional Housing Trust. (CITY) H3.Consideration to Approve the City Manager's Amended and Restated Employment Agreement. (CITY) I. COUNCIL BUSINESS I1.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I2.INTERAGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. 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 SeventyTwo (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 LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 4772700. 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. CITY COUNCIL VISION STATEMENT “Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive.” Page 3 PUBLIC HEARING FOR CONSIDERATION OF MUNICIPAL CODE AMENDMENT AND ZONING MAP AMENDMENT – CITY OF RANCHO CUCAMONGA – Consideration of a proposal to amend Title 17 of the Municipal Code to incorporate new development standards related to, for example, structure height, modifications to existing topographical conditions, and the City’s application processing requirements applicable to thirtyeight (38) properties that are located on the north and south sides of Camino Predera and all properties that have street frontage along Predera Court, a residential neighborhood generally located north of Foothill Boulevard/Pacific Electric (PE) Trail and west of Carnelian Avenue/Cucamonga Creek, in the Low Residential (L) Zone and amend the Zoning Map to establish an overlay zoning district (“Camino Predera Overlay”) that identifies which properties are subject to the new development standards; APNs: 020763101 through 11 and 14 through 25, and 020764101 through 15. These amendments are exempt from environmental review pursuant to Section 15161(b)(3) of the California Environmental Quality Act (CEQA) Guidelines. DRC202000004 and DRC202200315. (ORDINANCE NO. 1012) (CITY) MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. Scott CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDANovember 2, 202210500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TAPIA CONFERENCE ROOM 4:30 P.M.REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. LiveBroadcast available on Channel 3 (RCTV 3).CLOSED SESSION – 4:30 P.M. TAPIA CONFERENCE ROOM ROLL CALL: Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison and ScottA. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)C. CITY MANAGER ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LABOR NEGOTIATORS JENIFER PHILLIPS, DEPUTY DIRECTOR OFHUMAN RESOURCES AND ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PERGOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THERANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 AND FIRE MANAGEMENT EMPLOYEESGROUP – (FIRE)D2.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8408 ROCHESTER AVENUE, RANCHO CUCAMONGA,CA 91730 (RANCHO CUCAMONGA EPICENTER STADIUM); AGENCY NEGOTIATORS: JOHNGILLISON, JENNIFER HUNTGRACIA AND WILLIAM WITTKOPF, REPRESENTING THE CITY OFRANCHO CUCAMONGA; NEGOTIATING PARTY: RANCHO BASEBALL LLC ; REGARDING PRICEAND TERMS OF PAYMENT – (CITY)D3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY IDENTIFIED AS PARCEL NUMBERS 0227121560000 COMMONLYKNOWN AS ADDRESS 7089 ETIWANDA AVENUE, RANCHO CUCAMONGA, CA 91730;NEGOTIATING PARTIES MATT BURRIS, DEPUTY CITY MANAGER ECONOMIC AND COMMUNITYDEVELOPMENT, REPRESENTING THE CITY OF RANCHO CUCAMONGA, RAYMOND WOLFE,EXECUTIVE DIRECTOR, REPRESENTING SAN BERNARDINO COUNTY TRANSPORTATIONAUTHORITY (SBCTA), REGARDING PRICE AND TERMS. – CITYD4.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.SOUTHERN CALIFORNIA EDISON, SBSC CASE NO.: PENDING. (CITY)D5. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH(4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHOCUCAMONGA V. SOUTHERN CALIFORNIA EDISON, SBSC CASE NO.: CIVSB2201969. (CITY)D6.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.BTC III RANCHO CUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITYCOMPANY, SBSC CASE NO.: CIVSB2201955. (CITY)E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the CouncilChambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.REGULAR MEETING – 7:00 P.M.COUNCIL CHAMBERSPLEDGE OF ALLEGIANCEROLL CALL:Mayor MichaelMayor Pro Tem KennedyCouncil Members Hutchison and ScottA. AMENDMENTS TO THE AGENDAB. ANNOUNCEMENT / PRESENTATIONSB1.Presentation of Healthy RC Community Empowerment Mini Grants.B2.Overview of 2022 Safe Routes to School Walk to School Day.C. PUBLIC COMMUNICATIONSMembers of the City Council also sit as the Fire Board, Housing Successor Agency, SuccessorAgency, and Public Finance Authority. This is the time and place for the general public to addressthe Fire Protection District, Housing Successor Agency, Successor Agency, Public FinancingAuthority Board, and City Council on any item listed or not listed on the agenda. State law prohibits theFire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board,and City Council from addressing any issue not previously included on the Agenda. The Fire ProtectionDistrict, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Councilmay 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 theMayor, depending upon the number of individuals desiring to speak. All communications are to beaddressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to themembers 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 anyactivity which might be disruptive to the decorum of the meeting.The public communications period will not exceed one hour prior to the commencement of thebusiness portion of the agenda. During this one hour period, all those who wish to speak on a topiccontained in the business portion of the agenda will be given priority, and no further speaker cards for thesebusiness items (with the exception of public hearing items) will be accepted once the business portion of theagenda commences. Any other public communications which have not concluded during this one hour periodmay 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 noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion. Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar. D. CONSENT CALENDAR D1.Consideration of Meeting Minutes for the Adjourned Regular Meeting of: October 4, 2022 and Special Joint City Council and Planning Commission/Historic Preservation Commission Meeting of October 19, 2022. D2.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $1,874,446.49 and City and Fire District Weekly Check Registers (No Checks Issued to Southern California Gas Company) in the Total Amount of $7,515,473.99 Dated October 10, 2022, Through October 23, 2022 and City and Fire District Electronic Debit Registers for the Month of September in the Total Amount of $1,722,258.59. (CITY/FIRE) D3.AB 361 Findings for Special Brown Act Requirements for Teleconference. (CITY/FIRE) D4.Consideration to Adopt a Resolution Approving a Side Letter Agreement Between the City of Rancho Cucamonga and Teamsters Local 1932. (RESOLUTION NO. 2022136) (CITY) D5.Consideration of a Professional Services Agreement with Granicus (GovQA) for Public Records Request Management Software in an Amount Not to Exceed $170,000 for a total of seven years. (CITY) D6.Consideration to Approve Professional Services Agreements to Add an Additional Seven Selected Vendors for OnCall CEQA Environmental Consulting Services. (CITY) D7.Consideration to Award a Contract to DUDEK for the Preparation of an Urban Forest Management Plan in an Amount Not to Exceed $250,000. (CITY/FIRE) D8.Consideration of an Appropriation in the Amount of $360,033 for the Contract to ConvergeOne, Inc. for Replacement of Library Network Equipment Under the USAC ERate Program. (CITY) D9.Consideration of an Increase to AMG & Associates, Inc. Contract No. FD 2021011 in the Amount of $278,000 and Authorization of an Appropriation in the Amount of $278,000 for the Fire Station 178 Project. (FIRE) D10.Consideration of Amendment No. 3 to Contract No. 2020107 with Champion Fire Systems for Fire Suppression System Maintenance and an Increase to the Contract Spending Limit for Fiscal Year 2022/2023. (CITY/FIRE) D11.Consideration to Accept as Complete, File a Notice of Completion, and Authorize Release of Retention and Bonds for the Civic Center COVID19 and ADA Improvements Project (CO# 2021103). (CITY) D12.Consideration of Adoption of a Resolution Declaring Results of a Special Election in Community Facilities District No. 851, Annexation No. 223, and Ordering the Annexation of Such Property Located at 13120 Napa Street and 13160 Napa Street in Community Facilities District No. 851. (RESOLUTION NO. FD 2022033) (FIRE) D13.Consideration of Adoption of a Resolution Declaring Results of a Special Election in Community Facilities District No. 881, Annexation No. 88221, and Ordering the Annexation of Such Property Located at 4552 Haven Avenue in Community Facilities District No. 881. (RESOLUTION NO. FD 2022034) (FIRE) D14.Consideration of Resolution No. FD 2022035, Setting Forth the Findings that Allow the Board of Directors to Make Amendments and Other Changes to the 2022 California Fire Code by Approval of an Ordinance Adopting Said Fire Code. (RESOLUTION NO. FD 2022035) (FIRE) D15.Consideration to Approve a Resolution Adopting an Amendment to the Rancho Cucamonga Management Association and Rancho Cucamonga City Employees Association Salary Schedules for the Fiscal Year 2022/2023. (RESOLUTION NO. 2022129) (CITY) D16.Consideration of a Resolution Setting Forth the Findings that Allow the City Council to Make Amendments and Other Changes to the 2022 California Codes, and 2021 International Codes by Approval of the Ordinance Adopting Said Codes. (RESOLUTION NO. 2022130) (CITY) D17.Consideration of Tract Map 20353, Improvement Agreement and Improvement Securities for Street Improvements, Order the Annexation to Landscape Maintenance District No. 1 and Street Light Maintenance Districts Nos. 1 and 2 Related to Case No. SUBTT20353, Located at 6929 Hellman Avenue. (RESOLUTION NO. 2022133) (RESOLUTION NO. 2022134) (RESOLUTION NO. 2022135) (CITY) E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION F. ADMINISTRATIVE HEARING ITEM(S) F1.Public Hearing to Consider the Detachment of Certain Property from Street Lighting Maintenance Districts Nos. 1 and 6 and Consideration of the Approval of a Resolution Ordering the Detachment of Such Property from the Districts and to Adjust the Boundary of Each District’s Map. (RESOLUTION NO. 2022131 AND RESOLUTION NO. 2022132) (CITY) G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT G1. G2.Public Hearing for Consideration of Second Reading and Adoption of Ordinance No. 1011, to be Read by Title Only and Waive Further Reading, Adopting the 2022 Edition of the California Building Model Codes and the 2021 Edition of the International Building Codes. (ORDINANCE NO. 1011) (CITY) G3.Public Hearing for Consideration of Second Reading and Adoption of Ordinance No. FD58, to be Read by Title Only and Waive Further Reading, An Ordinance of the Board of Directors of the Rancho Cucamonga Fire Protection District Adopting by Reference the 2022 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. (ORDINANCE NO. FD58) (FIRE) H. CITY MANAGER'S STAFF REPORT(S) H1.Consideration to Receive and File Quarterly Financial Update for the First Quarter of the Fiscal Year 2022/23. (CITY/FIRE) H2.Consideration to Approve Submittal of a Letter of Interest for Participation in the San Bernardino Regional Housing Trust. (CITY) H3.Consideration to Approve the City Manager's Amended and Restated Employment Agreement. (CITY) I. COUNCIL BUSINESS I1.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I2.INTERAGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. 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 SeventyTwo (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 LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 4772700. 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. CITY COUNCIL VISION STATEMENT “Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive.” Page 4 PUBLIC HEARING FOR CONSIDERATION OF MUNICIPAL CODE AMENDMENT AND ZONING MAP AMENDMENT – CITY OF RANCHO CUCAMONGA – Consideration of a proposal to amend Title 17 of the Municipal Code to incorporate new development standards related to, for example, structure height, modifications to existing topographical conditions, and the City’s application processing requirements applicable to thirtyeight (38) properties that are located on the north and south sides of Camino Predera and all properties that have street frontage along Predera Court, a residential neighborhood generally located north of Foothill Boulevard/Pacific Electric (PE) Trail and west of Carnelian Avenue/Cucamonga Creek, in the Low Residential (L) Zone and amend the Zoning Map to establish an overlay zoning district (“Camino Predera Overlay”) that identifies which properties are subject to the new development standards; APNs: 020763101 through 11 and 14 through 25, and 020764101 through 15. These amendments are exempt from environmental review pursuant to Section 15161(b)(3) of the California Environmental Quality Act (CEQA) Guidelines. DRC202000004 and DRC202200315. (ORDINANCE NO. 1012) (CITY) MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. Scott CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDANovember 2, 202210500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TAPIA CONFERENCE ROOM 4:30 P.M.REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. LiveBroadcast available on Channel 3 (RCTV 3).CLOSED SESSION – 4:30 P.M. TAPIA CONFERENCE ROOM ROLL CALL: Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison and ScottA. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)C. CITY MANAGER ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LABOR NEGOTIATORS JENIFER PHILLIPS, DEPUTY DIRECTOR OFHUMAN RESOURCES AND ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PERGOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THERANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 AND FIRE MANAGEMENT EMPLOYEESGROUP – (FIRE)D2.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8408 ROCHESTER AVENUE, RANCHO CUCAMONGA,CA 91730 (RANCHO CUCAMONGA EPICENTER STADIUM); AGENCY NEGOTIATORS: JOHNGILLISON, JENNIFER HUNTGRACIA AND WILLIAM WITTKOPF, REPRESENTING THE CITY OFRANCHO CUCAMONGA; NEGOTIATING PARTY: RANCHO BASEBALL LLC ; REGARDING PRICEAND TERMS OF PAYMENT – (CITY)D3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY IDENTIFIED AS PARCEL NUMBERS 0227121560000 COMMONLYKNOWN AS ADDRESS 7089 ETIWANDA AVENUE, RANCHO CUCAMONGA, CA 91730;NEGOTIATING PARTIES MATT BURRIS, DEPUTY CITY MANAGER ECONOMIC AND COMMUNITYDEVELOPMENT, REPRESENTING THE CITY OF RANCHO CUCAMONGA, RAYMOND WOLFE,EXECUTIVE DIRECTOR, REPRESENTING SAN BERNARDINO COUNTY TRANSPORTATIONAUTHORITY (SBCTA), REGARDING PRICE AND TERMS. – CITYD4.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.SOUTHERN CALIFORNIA EDISON, SBSC CASE NO.: PENDING. (CITY)D5. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH(4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHOCUCAMONGA V. SOUTHERN CALIFORNIA EDISON, SBSC CASE NO.: CIVSB2201969. (CITY)D6.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.BTC III RANCHO CUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITYCOMPANY, SBSC CASE NO.: CIVSB2201955. (CITY)E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the CouncilChambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.REGULAR MEETING – 7:00 P.M.COUNCIL CHAMBERSPLEDGE OF ALLEGIANCEROLL CALL:Mayor MichaelMayor Pro Tem KennedyCouncil Members Hutchison and ScottA. AMENDMENTS TO THE AGENDAB. ANNOUNCEMENT / PRESENTATIONSB1.Presentation of Healthy RC Community Empowerment Mini Grants.B2.Overview of 2022 Safe Routes to School Walk to School Day.C. PUBLIC COMMUNICATIONSMembers of the City Council also sit as the Fire Board, Housing Successor Agency, SuccessorAgency, and Public Finance Authority. This is the time and place for the general public to addressthe Fire Protection District, Housing Successor Agency, Successor Agency, Public FinancingAuthority Board, and City Council on any item listed or not listed on the agenda. State law prohibits theFire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board,and City Council from addressing any issue not previously included on the Agenda. The Fire ProtectionDistrict, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Councilmay 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 theMayor, depending upon the number of individuals desiring to speak. All communications are to beaddressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to themembers 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 anyactivity which might be disruptive to the decorum of the meeting.The public communications period will not exceed one hour prior to the commencement of thebusiness portion of the agenda. During this one hour period, all those who wish to speak on a topiccontained in the business portion of the agenda will be given priority, and no further speaker cards for thesebusiness items (with the exception of public hearing items) will be accepted once the business portion of theagenda commences. Any other public communications which have not concluded during this one hour periodmay 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 noncontroversial. They will be actedupon without discussion unless an item is removed by Council Member for discussion.Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, andPublic Finance Authority and may act on the consent calendar for those bodies as part of a single motion withthe City Council consent calendar.D. CONSENT CALENDARD1.Consideration of Meeting Minutes for the Adjourned Regular Meeting of: October 4, 2022 andSpecial Joint City Council and Planning Commission/Historic Preservation CommissionMeeting of October 19, 2022.D2.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of$1,874,446.49 and City and Fire District Weekly Check Registers (No Checks Issued toSouthern California Gas Company) in the Total Amount of $7,515,473.99 Dated October 10,2022, Through October 23, 2022 and City and Fire District Electronic Debit Registers for theMonth of September in the Total Amount of $1,722,258.59. (CITY/FIRE)D3.AB 361 Findings for Special Brown Act Requirements for Teleconference. (CITY/FIRE)D4.Consideration to Adopt a Resolution Approving a Side Letter Agreement Between the City ofRancho Cucamonga and Teamsters Local 1932. (RESOLUTION NO. 2022136) (CITY)D5.Consideration of a Professional Services Agreement with Granicus (GovQA) for PublicRecords Request Management Software in an Amount Not to Exceed $170,000 for a total ofseven years. (CITY)D6.Consideration to Approve Professional Services Agreements to Add an Additional SevenSelected Vendors for OnCall CEQA Environmental Consulting Services. (CITY) D7.Consideration to Award a Contract to DUDEK for the Preparation of an Urban ForestManagement Plan in an Amount Not to Exceed $250,000. (CITY/FIRE)D8.Consideration of an Appropriation in the Amount of $360,033 for the Contract to ConvergeOne,Inc. for Replacement of Library Network Equipment Under the USAC ERate Program. (CITY)D9.Consideration of an Increase to AMG & Associates, Inc. Contract No. FD 2021011 in theAmount of $278,000 and Authorization of an Appropriation in the Amount of $278,000 for theFire Station 178 Project. (FIRE)D10.Consideration of Amendment No. 3 to Contract No. 2020107 with Champion Fire Systems for Fire Suppression System Maintenance and an Increase to the Contract Spending Limit for Fiscal Year 2022/2023. (CITY/FIRE) D11.Consideration to Accept as Complete, File a Notice of Completion, and Authorize Release of Retention and Bonds for the Civic Center COVID19 and ADA Improvements Project (CO# 2021103). (CITY) D12.Consideration of Adoption of a Resolution Declaring Results of a Special Election in Community Facilities District No. 851, Annexation No. 223, and Ordering the Annexation of Such Property Located at 13120 Napa Street and 13160 Napa Street in Community Facilities District No. 851. (RESOLUTION NO. FD 2022033) (FIRE) D13.Consideration of Adoption of a Resolution Declaring Results of a Special Election in Community Facilities District No. 881, Annexation No. 88221, and Ordering the Annexation of Such Property Located at 4552 Haven Avenue in Community Facilities District No. 881. (RESOLUTION NO. FD 2022034) (FIRE) D14.Consideration of Resolution No. FD 2022035, Setting Forth the Findings that Allow the Board of Directors to Make Amendments and Other Changes to the 2022 California Fire Code by Approval of an Ordinance Adopting Said Fire Code. (RESOLUTION NO. FD 2022035) (FIRE) D15.Consideration to Approve a Resolution Adopting an Amendment to the Rancho Cucamonga Management Association and Rancho Cucamonga City Employees Association Salary Schedules for the Fiscal Year 2022/2023. (RESOLUTION NO. 2022129) (CITY) D16.Consideration of a Resolution Setting Forth the Findings that Allow the City Council to Make Amendments and Other Changes to the 2022 California Codes, and 2021 International Codes by Approval of the Ordinance Adopting Said Codes. (RESOLUTION NO. 2022130) (CITY) D17.Consideration of Tract Map 20353, Improvement Agreement and Improvement Securities for Street Improvements, Order the Annexation to Landscape Maintenance District No. 1 and Street Light Maintenance Districts Nos. 1 and 2 Related to Case No. SUBTT20353, Located at 6929 Hellman Avenue. (RESOLUTION NO. 2022133) (RESOLUTION NO. 2022134) (RESOLUTION NO. 2022135) (CITY) E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION F. ADMINISTRATIVE HEARING ITEM(S) F1.Public Hearing to Consider the Detachment of Certain Property from Street Lighting Maintenance Districts Nos. 1 and 6 and Consideration of the Approval of a Resolution Ordering the Detachment of Such Property from the Districts and to Adjust the Boundary of Each District’s Map. (RESOLUTION NO. 2022131 AND RESOLUTION NO. 2022132) (CITY) G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT G1. G2.Public Hearing for Consideration of Second Reading and Adoption of Ordinance No. 1011, to be Read by Title Only and Waive Further Reading, Adopting the 2022 Edition of the California Building Model Codes and the 2021 Edition of the International Building Codes. (ORDINANCE NO. 1011) (CITY) G3.Public Hearing for Consideration of Second Reading and Adoption of Ordinance No. FD58, to be Read by Title Only and Waive Further Reading, An Ordinance of the Board of Directors of the Rancho Cucamonga Fire Protection District Adopting by Reference the 2022 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. (ORDINANCE NO. FD58) (FIRE) H. CITY MANAGER'S STAFF REPORT(S) H1.Consideration to Receive and File Quarterly Financial Update for the First Quarter of the Fiscal Year 2022/23. (CITY/FIRE) H2.Consideration to Approve Submittal of a Letter of Interest for Participation in the San Bernardino Regional Housing Trust. (CITY) H3.Consideration to Approve the City Manager's Amended and Restated Employment Agreement. (CITY) I. COUNCIL BUSINESS I1.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I2.INTERAGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. 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 SeventyTwo (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 LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 4772700. 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. CITY COUNCIL VISION STATEMENT “Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive.” Page 5 PUBLIC HEARING FOR CONSIDERATION OF MUNICIPAL CODE AMENDMENT AND ZONING MAP AMENDMENT – CITY OF RANCHO CUCAMONGA – Consideration of a proposal to amend Title 17 of the Municipal Code to incorporate new development standards related to, for example, structure height, modifications to existing topographical conditions, and the City’s application processing requirements applicable to thirtyeight (38) properties that are located on the north and south sides of Camino Predera and all properties that have street frontage along Predera Court, a residential neighborhood generally located north of Foothill Boulevard/Pacific Electric (PE) Trail and west of Carnelian Avenue/Cucamonga Creek, in the Low Residential (L) Zone and amend the Zoning Map to establish an overlay zoning district (“Camino Predera Overlay”) that identifies which properties are subject to the new development standards; APNs: 020763101 through 11 and 14 through 25, and 020764101 through 15. These amendments are exempt from environmental review pursuant to Section 15161(b)(3) of the California Environmental Quality Act (CEQA) Guidelines. DRC202000004 and DRC202200315. (ORDINANCE NO. 1012) (CITY) MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. Scott CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDANovember 2, 202210500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TAPIA CONFERENCE ROOM 4:30 P.M.REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. LiveBroadcast available on Channel 3 (RCTV 3).CLOSED SESSION – 4:30 P.M. TAPIA CONFERENCE ROOM ROLL CALL: Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison and ScottA. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)C. CITY MANAGER ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LABOR NEGOTIATORS JENIFER PHILLIPS, DEPUTY DIRECTOR OFHUMAN RESOURCES AND ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PERGOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THERANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 AND FIRE MANAGEMENT EMPLOYEESGROUP – (FIRE)D2.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8408 ROCHESTER AVENUE, RANCHO CUCAMONGA,CA 91730 (RANCHO CUCAMONGA EPICENTER STADIUM); AGENCY NEGOTIATORS: JOHNGILLISON, JENNIFER HUNTGRACIA AND WILLIAM WITTKOPF, REPRESENTING THE CITY OFRANCHO CUCAMONGA; NEGOTIATING PARTY: RANCHO BASEBALL LLC ; REGARDING PRICEAND TERMS OF PAYMENT – (CITY)D3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY IDENTIFIED AS PARCEL NUMBERS 0227121560000 COMMONLYKNOWN AS ADDRESS 7089 ETIWANDA AVENUE, RANCHO CUCAMONGA, CA 91730;NEGOTIATING PARTIES MATT BURRIS, DEPUTY CITY MANAGER ECONOMIC AND COMMUNITYDEVELOPMENT, REPRESENTING THE CITY OF RANCHO CUCAMONGA, RAYMOND WOLFE,EXECUTIVE DIRECTOR, REPRESENTING SAN BERNARDINO COUNTY TRANSPORTATIONAUTHORITY (SBCTA), REGARDING PRICE AND TERMS. – CITYD4.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.SOUTHERN CALIFORNIA EDISON, SBSC CASE NO.: PENDING. (CITY)D5. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH(4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHOCUCAMONGA V. SOUTHERN CALIFORNIA EDISON, SBSC CASE NO.: CIVSB2201969. (CITY)D6.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.BTC III RANCHO CUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITYCOMPANY, SBSC CASE NO.: CIVSB2201955. (CITY)E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the CouncilChambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.REGULAR MEETING – 7:00 P.M.COUNCIL CHAMBERSPLEDGE OF ALLEGIANCEROLL CALL:Mayor MichaelMayor Pro Tem KennedyCouncil Members Hutchison and ScottA. AMENDMENTS TO THE AGENDAB. ANNOUNCEMENT / PRESENTATIONSB1.Presentation of Healthy RC Community Empowerment Mini Grants.B2.Overview of 2022 Safe Routes to School Walk to School Day.C. PUBLIC COMMUNICATIONSMembers of the City Council also sit as the Fire Board, Housing Successor Agency, SuccessorAgency, and Public Finance Authority. This is the time and place for the general public to addressthe Fire Protection District, Housing Successor Agency, Successor Agency, Public FinancingAuthority Board, and City Council on any item listed or not listed on the agenda. State law prohibits theFire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board,and City Council from addressing any issue not previously included on the Agenda. The Fire ProtectionDistrict, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Councilmay 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 theMayor, depending upon the number of individuals desiring to speak. All communications are to beaddressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to themembers 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 anyactivity which might be disruptive to the decorum of the meeting.The public communications period will not exceed one hour prior to the commencement of thebusiness portion of the agenda. During this one hour period, all those who wish to speak on a topiccontained in the business portion of the agenda will be given priority, and no further speaker cards for thesebusiness items (with the exception of public hearing items) will be accepted once the business portion of theagenda commences. Any other public communications which have not concluded during this one hour periodmay 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 noncontroversial. They will be actedupon without discussion unless an item is removed by Council Member for discussion.Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, andPublic Finance Authority and may act on the consent calendar for those bodies as part of a single motion withthe City Council consent calendar.D. CONSENT CALENDARD1.Consideration of Meeting Minutes for the Adjourned Regular Meeting of: October 4, 2022 andSpecial Joint City Council and Planning Commission/Historic Preservation CommissionMeeting of October 19, 2022.D2.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of$1,874,446.49 and City and Fire District Weekly Check Registers (No Checks Issued toSouthern California Gas Company) in the Total Amount of $7,515,473.99 Dated October 10,2022, Through October 23, 2022 and City and Fire District Electronic Debit Registers for theMonth of September in the Total Amount of $1,722,258.59. (CITY/FIRE)D3.AB 361 Findings for Special Brown Act Requirements for Teleconference. (CITY/FIRE)D4.Consideration to Adopt a Resolution Approving a Side Letter Agreement Between the City ofRancho Cucamonga and Teamsters Local 1932. (RESOLUTION NO. 2022136) (CITY)D5.Consideration of a Professional Services Agreement with Granicus (GovQA) for PublicRecords Request Management Software in an Amount Not to Exceed $170,000 for a total ofseven years. (CITY)D6.Consideration to Approve Professional Services Agreements to Add an Additional SevenSelected Vendors for OnCall CEQA Environmental Consulting Services. (CITY) D7.Consideration to Award a Contract to DUDEK for the Preparation of an Urban ForestManagement Plan in an Amount Not to Exceed $250,000. (CITY/FIRE)D8.Consideration of an Appropriation in the Amount of $360,033 for the Contract to ConvergeOne,Inc. for Replacement of Library Network Equipment Under the USAC ERate Program. (CITY)D9.Consideration of an Increase to AMG & Associates, Inc. Contract No. FD 2021011 in theAmount of $278,000 and Authorization of an Appropriation in the Amount of $278,000 for theFire Station 178 Project. (FIRE)D10.Consideration of Amendment No. 3 to Contract No. 2020107 with Champion Fire Systems for FireSuppression System Maintenance and an Increase to the Contract Spending Limit for Fiscal Year2022/2023. (CITY/FIRE)D11.Consideration to Accept as Complete, File a Notice of Completion, and Authorize Release ofRetention and Bonds for the Civic Center COVID19 and ADA Improvements Project (CO#2021103). (CITY)D12.Consideration of Adoption of a Resolution Declaring Results of a Special Election inCommunity Facilities District No. 851, Annexation No. 223, and Ordering the Annexation ofSuch Property Located at 13120 Napa Street and 13160 Napa Street in Community FacilitiesDistrict No. 851. (RESOLUTION NO. FD 2022033) (FIRE)D13.Consideration of Adoption of a Resolution Declaring Results of a Special Election inCommunity Facilities District No. 881, Annexation No. 88221, and Ordering the Annexationof Such Property Located at 4552 Haven Avenue in Community Facilities District No. 881.(RESOLUTION NO. FD 2022034) (FIRE)D14.Consideration of Resolution No. FD 2022035, Setting Forth the Findings that Allow the Boardof Directors to Make Amendments and Other Changes to the 2022 California Fire Code byApproval of an Ordinance Adopting Said Fire Code. (RESOLUTION NO. FD 2022035)(FIRE)D15.Consideration to Approve a Resolution Adopting an Amendment to the Rancho CucamongaManagement Association and Rancho Cucamonga City Employees Association SalarySchedules for the Fiscal Year 2022/2023. (RESOLUTION NO. 2022129) (CITY)D16.Consideration of a Resolution Setting Forth the Findings that Allow the City Council to MakeAmendments and Other Changes to the 2022 California Codes, and 2021 International Codesby Approval of the Ordinance Adopting Said Codes. (RESOLUTION NO. 2022130) (CITY)D17.Consideration of Tract Map 20353, Improvement Agreement and Improvement Securities forStreet Improvements, Order the Annexation to Landscape Maintenance District No. 1 andStreet Light Maintenance Districts Nos. 1 and 2 Related to Case No. SUBTT20353, Located at6929 Hellman Avenue. (RESOLUTION NO. 2022133) (RESOLUTION NO. 2022134)(RESOLUTION NO. 2022135) (CITY) E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION F. ADMINISTRATIVE HEARING ITEM(S) F1.Public Hearing to Consider the Detachment of Certain Property from Street Lighting Maintenance Districts Nos. 1 and 6 and Consideration of the Approval of a Resolution Ordering the Detachment of Such Property from the Districts and to Adjust the Boundary of Each District’s Map. (RESOLUTION NO. 2022131 AND RESOLUTION NO. 2022132) (CITY) G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT G1. G2.Public Hearing for Consideration of Second Reading and Adoption of Ordinance No. 1011, to be Read by Title Only and Waive Further Reading, Adopting the 2022 Edition of the California Building Model Codes and the 2021 Edition of the International Building Codes. (ORDINANCE NO. 1011) (CITY) G3.Public Hearing for Consideration of Second Reading and Adoption of Ordinance No. FD58, to be Read by Title Only and Waive Further Reading, An Ordinance of the Board of Directors of the Rancho Cucamonga Fire Protection District Adopting by Reference the 2022 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. (ORDINANCE NO. FD58) (FIRE) H. CITY MANAGER'S STAFF REPORT(S) H1.Consideration to Receive and File Quarterly Financial Update for the First Quarter of the Fiscal Year 2022/23. (CITY/FIRE) H2.Consideration to Approve Submittal of a Letter of Interest for Participation in the San Bernardino Regional Housing Trust. (CITY) H3.Consideration to Approve the City Manager's Amended and Restated Employment Agreement. (CITY) I. COUNCIL BUSINESS I1.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I2.INTERAGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. 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 SeventyTwo (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 LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 4772700. 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. CITY COUNCIL VISION STATEMENT “Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive.” Page 6 PUBLIC HEARING FOR CONSIDERATION OF MUNICIPAL CODE AMENDMENT ANDZONING MAP AMENDMENT – CITY OF RANCHO CUCAMONGA – Consideration of aproposal to amend Title 17 of the Municipal Code to incorporate new development standardsrelated to, for example, structure height, modifications to existing topographical conditions, andthe City’s application processing requirements applicable to thirtyeight (38) properties that arelocated on the north and south sides of Camino Predera and all properties that have streetfrontage along Predera Court, a residential neighborhood generally located north of FoothillBoulevard/Pacific Electric (PE) Trail and west of Carnelian Avenue/Cucamonga Creek, in the LowResidential (L) Zone and amend the Zoning Map to establish an overlay zoning district (“CaminoPredera Overlay”) that identifies which properties are subject to the new development standards;APNs: 020763101 through 11 and 14 through 25, and 020764101 through 15. Theseamendments are exempt from environmental review pursuant to Section 15161(b)(3) of theCalifornia Environmental Quality Act (CEQA) Guidelines. DRC202000004 and DRC202200315.(ORDINANCE NO. 1012) (CITY)MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. Scott CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDANovember 2, 202210500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TAPIA CONFERENCE ROOM 4:30 P.M.REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. LiveBroadcast available on Channel 3 (RCTV 3).CLOSED SESSION – 4:30 P.M. TAPIA CONFERENCE ROOM ROLL CALL: Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison and ScottA. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)C. CITY MANAGER ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LABOR NEGOTIATORS JENIFER PHILLIPS, DEPUTY DIRECTOR OFHUMAN RESOURCES AND ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PERGOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THERANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 AND FIRE MANAGEMENT EMPLOYEESGROUP – (FIRE)D2.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8408 ROCHESTER AVENUE, RANCHO CUCAMONGA,CA 91730 (RANCHO CUCAMONGA EPICENTER STADIUM); AGENCY NEGOTIATORS: JOHNGILLISON, JENNIFER HUNTGRACIA AND WILLIAM WITTKOPF, REPRESENTING THE CITY OFRANCHO CUCAMONGA; NEGOTIATING PARTY: RANCHO BASEBALL LLC ; REGARDING PRICEAND TERMS OF PAYMENT – (CITY)D3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY IDENTIFIED AS PARCEL NUMBERS 0227121560000 COMMONLYKNOWN AS ADDRESS 7089 ETIWANDA AVENUE, RANCHO CUCAMONGA, CA 91730;NEGOTIATING PARTIES MATT BURRIS, DEPUTY CITY MANAGER ECONOMIC AND COMMUNITYDEVELOPMENT, REPRESENTING THE CITY OF RANCHO CUCAMONGA, RAYMOND WOLFE,EXECUTIVE DIRECTOR, REPRESENTING SAN BERNARDINO COUNTY TRANSPORTATIONAUTHORITY (SBCTA), REGARDING PRICE AND TERMS. – CITYD4.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.SOUTHERN CALIFORNIA EDISON, SBSC CASE NO.: PENDING. (CITY)D5. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH(4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHOCUCAMONGA V. SOUTHERN CALIFORNIA EDISON, SBSC CASE NO.: CIVSB2201969. (CITY)D6.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.BTC III RANCHO CUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITYCOMPANY, SBSC CASE NO.: CIVSB2201955. (CITY)E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the CouncilChambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.REGULAR MEETING – 7:00 P.M.COUNCIL CHAMBERSPLEDGE OF ALLEGIANCEROLL CALL:Mayor MichaelMayor Pro Tem KennedyCouncil Members Hutchison and ScottA. AMENDMENTS TO THE AGENDAB. ANNOUNCEMENT / PRESENTATIONSB1.Presentation of Healthy RC Community Empowerment Mini Grants.B2.Overview of 2022 Safe Routes to School Walk to School Day.C. PUBLIC COMMUNICATIONSMembers of the City Council also sit as the Fire Board, Housing Successor Agency, SuccessorAgency, and Public Finance Authority. This is the time and place for the general public to addressthe Fire Protection District, Housing Successor Agency, Successor Agency, Public FinancingAuthority Board, and City Council on any item listed or not listed on the agenda. State law prohibits theFire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board,and City Council from addressing any issue not previously included on the Agenda. The Fire ProtectionDistrict, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Councilmay 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 theMayor, depending upon the number of individuals desiring to speak. All communications are to beaddressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to themembers 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 anyactivity which might be disruptive to the decorum of the meeting.The public communications period will not exceed one hour prior to the commencement of thebusiness portion of the agenda. During this one hour period, all those who wish to speak on a topiccontained in the business portion of the agenda will be given priority, and no further speaker cards for thesebusiness items (with the exception of public hearing items) will be accepted once the business portion of theagenda commences. Any other public communications which have not concluded during this one hour periodmay 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 noncontroversial. They will be actedupon without discussion unless an item is removed by Council Member for discussion.Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, andPublic Finance Authority and may act on the consent calendar for those bodies as part of a single motion withthe City Council consent calendar.D. CONSENT CALENDARD1.Consideration of Meeting Minutes for the Adjourned Regular Meeting of: October 4, 2022 andSpecial Joint City Council and Planning Commission/Historic Preservation CommissionMeeting of October 19, 2022.D2.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of$1,874,446.49 and City and Fire District Weekly Check Registers (No Checks Issued toSouthern California Gas Company) in the Total Amount of $7,515,473.99 Dated October 10,2022, Through October 23, 2022 and City and Fire District Electronic Debit Registers for theMonth of September in the Total Amount of $1,722,258.59. (CITY/FIRE)D3.AB 361 Findings for Special Brown Act Requirements for Teleconference. (CITY/FIRE)D4.Consideration to Adopt a Resolution Approving a Side Letter Agreement Between the City ofRancho Cucamonga and Teamsters Local 1932. (RESOLUTION NO. 2022136) (CITY)D5.Consideration of a Professional Services Agreement with Granicus (GovQA) for PublicRecords Request Management Software in an Amount Not to Exceed $170,000 for a total ofseven years. (CITY)D6.Consideration to Approve Professional Services Agreements to Add an Additional SevenSelected Vendors for OnCall CEQA Environmental Consulting Services. (CITY) D7.Consideration to Award a Contract to DUDEK for the Preparation of an Urban ForestManagement Plan in an Amount Not to Exceed $250,000. (CITY/FIRE)D8.Consideration of an Appropriation in the Amount of $360,033 for the Contract to ConvergeOne,Inc. for Replacement of Library Network Equipment Under the USAC ERate Program. (CITY)D9.Consideration of an Increase to AMG & Associates, Inc. Contract No. FD 2021011 in theAmount of $278,000 and Authorization of an Appropriation in the Amount of $278,000 for theFire Station 178 Project. (FIRE)D10.Consideration of Amendment No. 3 to Contract No. 2020107 with Champion Fire Systems for FireSuppression System Maintenance and an Increase to the Contract Spending Limit for Fiscal Year2022/2023. (CITY/FIRE)D11.Consideration to Accept as Complete, File a Notice of Completion, and Authorize Release ofRetention and Bonds for the Civic Center COVID19 and ADA Improvements Project (CO#2021103). (CITY)D12.Consideration of Adoption of a Resolution Declaring Results of a Special Election inCommunity Facilities District No. 851, Annexation No. 223, and Ordering the Annexation ofSuch Property Located at 13120 Napa Street and 13160 Napa Street in Community FacilitiesDistrict No. 851. (RESOLUTION NO. FD 2022033) (FIRE)D13.Consideration of Adoption of a Resolution Declaring Results of a Special Election inCommunity Facilities District No. 881, Annexation No. 88221, and Ordering the Annexationof Such Property Located at 4552 Haven Avenue in Community Facilities District No. 881.(RESOLUTION NO. FD 2022034) (FIRE)D14.Consideration of Resolution No. FD 2022035, Setting Forth the Findings that Allow the Boardof Directors to Make Amendments and Other Changes to the 2022 California Fire Code byApproval of an Ordinance Adopting Said Fire Code. (RESOLUTION NO. FD 2022035)(FIRE)D15.Consideration to Approve a Resolution Adopting an Amendment to the Rancho CucamongaManagement Association and Rancho Cucamonga City Employees Association SalarySchedules for the Fiscal Year 2022/2023. (RESOLUTION NO. 2022129) (CITY)D16.Consideration of a Resolution Setting Forth the Findings that Allow the City Council to MakeAmendments and Other Changes to the 2022 California Codes, and 2021 International Codesby Approval of the Ordinance Adopting Said Codes. (RESOLUTION NO. 2022130) (CITY)D17.Consideration of Tract Map 20353, Improvement Agreement and Improvement Securities forStreet Improvements, Order the Annexation to Landscape Maintenance District No. 1 andStreet Light Maintenance Districts Nos. 1 and 2 Related to Case No. SUBTT20353, Located at6929 Hellman Avenue. (RESOLUTION NO. 2022133) (RESOLUTION NO. 2022134)(RESOLUTION NO. 2022135) (CITY)E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTIONF. ADMINISTRATIVE HEARING ITEM(S)F1.Public Hearing to Consider the Detachment of Certain Property from Street Lighting MaintenanceDistricts Nos. 1 and 6 and Consideration of the Approval of a Resolution Ordering the Detachment ofSuch Property from the Districts and to Adjust the Boundary of Each District’s Map. (RESOLUTIONNO. 2022131 AND RESOLUTION NO. 2022132) (CITY)G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICTG1.G2.Public Hearing for Consideration of Second Reading and Adoption of Ordinance No. 1011, to be Readby Title Only and Waive Further Reading, Adopting the 2022 Edition of the California Building ModelCodes and the 2021 Edition of the International Building Codes. (ORDINANCE NO. 1011) (CITY)G3.Public Hearing for Consideration of Second Reading and Adoption of Ordinance No. FD58, to beRead by Title Only and Waive Further Reading, An Ordinance of the Board of Directors of the RanchoCucamonga Fire Protection District Adopting by Reference the 2022 California Fire Code, WithErrata, Together With Certain Changes, Modifications, Amendments, Additions, Deletions, andExceptions; Providing for the Issuance of Permits and Collection of Fees; and Repealing ConflictingOrdinances. (ORDINANCE NO. FD58) (FIRE)H. CITY MANAGER'S STAFF REPORT(S)H1.Consideration to Receive and File Quarterly Financial Update for the First Quarter of the Fiscal Year2022/23. (CITY/FIRE)H2.Consideration to Approve Submittal of a Letter of Interest for Participation in the San BernardinoRegional Housing Trust. (CITY) H3.Consideration to Approve the City Manager's Amended and Restated Employment Agreement. (CITY) I. COUNCIL BUSINESS I1.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I2.INTERAGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. 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 SeventyTwo (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 LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 4772700. 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. CITY COUNCIL VISION STATEMENT “Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive.” Page 7 *DRAFT* October 4, 2022 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Adjourned Regular Meetings Minutes City of Rancho Cucamonga | Page 1 of 6 October 4, 2022 CITY OF RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCE AUTHORITY AND CITY COUNCIL ADJOURNED REGULAR MEETINGS MINUTES The City Council of the City of Rancho Cucamonga held a closed session on Tuesday, October 4, 2022, in the Tapia Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 5:00 p.m. Present were Council Members: Ryan Hutchison, Kristine Scott, Mayor Pro Tem Lynne Kennedy, and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Elisa Cox, Assistant City Manager; James Markman, City Attorney; Matt Burris, Deputy City Manager/Economic and Community Development and Julie Sowles, Deputy City Manager/Civic and Cultural Services. A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No public communications were made. C. CITY MANAGER ANNOUNCEMENTS None. D. CONDUCT OF CLOSED SESSION D1. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V. SOUTHERN CALIFORNIA EDISON, SBSC CASE NO.: PENDING. (CITY) D2. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V. SOUTHERN CALIFORNIA EDISON, SBSC CASE NO.: CIVSB2201969. (CITY) D3. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V. BTC III RANCHO CUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITY COMPANY, SBSC CASE NO.: CIVSB2201955. (CITY) D4. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE'S INC. V. CITY OF RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASE NO. 5:20CV02506JGBSP (CITY) D5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE RANCHO CUCAMONGA METROLINK STATION IDENTIFIED AS PARCEL NUMBERS 020927211, 020914321, AND 020927222 AND CERTAIN ADJACENT RIGHTOFWAY INCLUDED WITHIN THE STATION FOOTPRINT; CITY NEGOTIATOR: JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA; NEGOTIATING PARTIES: SARAH WATERSON, PRESIDENT, REPRESENTING DESERTXPRESS ENTERPRISES, LLC, DBA AS BRIGHTLINE WEST; UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT. – (CITY) Page 8 *DRAFT* October 4, 2022 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Adjourned Regular Meetings Minutes City of Rancho Cucamonga | Page 2 of 6 D6. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; 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) D7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY IDENTIFIED AS PARCEL NUMBERS 0227-121-56-0000 COMMONLY KNOWN AS ADDRESS 7089 ETIWANDA AVENUE, RANCHO CUCAMONGA, CA 91730; NEGOTIATING PARTIES MATT BURRIS, DEPUTY CITY MANAGER ECONOMIC AND COMMUNITY DEVELOPMENT, REPRESENTING THE CITY OF RANCHO CUCAMONG A, RAYMOND WOLFE, EXECUTIVE DIRECTOR, REPRESENTING SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (SBCTA), REGARDING PRICE AND TERMS. – CITY D8. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V. TOVEY/SHULTZ, INC., ET AL., SAN BERNARDINO SUPERIOR COURT, CASE NO. CIVSB 2127516 (CITY) D9. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9; Inland Real Estate Group, LLC et al. v. City of Rancho Cucamonga, U.S. District Court for the Central District of California, Case No. 5:21cv01656SBKK. (CITY) D10. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54957 (TITLE: CITY MANAGER) E. RECESS The closed session recessed at 6:30 p.m. ADJOURNED REGULAR MEETING – 7:00 p.m. CALL TO ORDER – COUNCIL CHAMBERS The adjourned 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 Tuesday, October 4, 2022, 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, Mayor Pro Tem Lynne Kennedy and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; James Markman, City Attorney; and Linda Troyan, MMC, City Clerk Services Director. Mayor Pro Tem Kennedy led the Pledge of Allegiance. A. AMENDMENTS TO THE AGENDA None. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of a Certificate of Sympathy in Memory of Bob Dutton, Longtime Public Servant: Former Rancho Cucamonga City Council Member, California Senator and Assemblymember, who Served as the County Assessor, Recorder and Clerk. Page 9 *DRAFT* October 4, 2022 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Adjourned Regular Meetings Minutes City of Rancho Cucamonga | Page 3 of 6 Mayor Michael and Members of the City Council presented a Certificate of Sympathy to the Dutton family in memory of Bob Dutton and announced that the City Council will adjourn the meeting in his memory. B2. Presentation of Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting. Noah Daniels, Finance Director, presented and shared information about the recently awarded Certificate of Achievement for Excellence in Financial Reporting received by the Finance Department. C. PUBLIC COMMUNICATIONS Erick Jimenez, informed while campaigning, questions arose concerning lawsuits, particularly one with Pepe’s Towing and a settlement request of 12 million dollars. Bill Kaufman, spoke in support of cannabis dispensaries and submitted letters in support of his dispensaries. D. CONSENT CALENDAR D1. Consideration of Meeting Minutes for the Regular Meetings of: June 1, 2022, June 15, 2022, July 20, 2022, August 3, 2022, August 17, 2022 and Special Meetings of: August 23, 2022. D2. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $2,106,637.34 and City and Fire District Weekly Check Registers (No Checks Issued to Southern California Gas Company) in the Total Amount of $8,025,757.39 Dated September 12, 2022, Through September 25, 2022, and City and Fire District Electronic Debit Registers for the Month of August in the Total Amount of $6,096,689.95. (CITY/FIRE) D3. AB 361 Findings for Special Brown Act Requirements for Teleconference. (CITY/FIRE) D4. Consideration of the Purchase of Fertilizer and Pesticides on an as Needed Basis from Nutrien Ag Solutions and Wilbur-Ellis Co. in an Amount Not to Exceed $138,200. (CITY) D5. Consideration to Accept as Complete, File the Notice of Completion and Authorize Release of Retention and Bonds for the Rochester Avenue Pavement Rehabilitation Project. (CITY) D6. Consideration of an Award to Southern California Sound Image, Inc. and Authorization of a Budget Transfer in the Amount of $115,770 for the Purchase of a Theatrical Public Address (PA) System for the Lewis Family Playhouse. (CITY) D7. Consideration of a Professional Services Agreement with Lisa Wise Consulting, Inc. for the Development of an Economic Development Strategic Pan for a Total Not to Exceed $82,500. (CITY) D8. Consideration of a Resolution Approving the Property Tax Exchange Related to LAFCO 3256 Resulting from Annexation to the City. (RESOLUTION NO. 2022-128) (CITY)D13. Consideration of Approval of Amendment No. 2 to Contract No. 19-072 with SMG – Rancho Cucamonga Premier Food Services LLC and to Extend the Expiration Date for an Additional 3-Month Period. (CITY) MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott, to approve Consent Calendar Items D1 through D8. Motion carried, 4-0. E. CONSENT CALENDAR ORDINANCE(S) - SECOND READING/ADOPTION No items. Page 10 *DRAFT* October 4, 2022 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Adjourned Regular Meetings Minutes City of Rancho Cucamonga | Page 4 of 6 F. ADMINISTRATIVE HEARING ITEM(S) F1. Consideration of a: 1) Disposition and Development Agreement with DesertExpress Enterprises, LLC (dba Brightline West) and the San Bernardino County Transportation Authority (SBCTA) for a Portion of Property Located at the Northwest Corner of Milliken Avenue and Azusa Court, Including Easements Across Portions of Right-Of-Way on 8th Street, Milliken Avenue, and the Cucamonga Station Property, for the Development of a Station and Track as Part of a High Speed Rail System with an Origin/Terminus Between Las Vegas Nevada and the Cucamonga Station in Rancho Cucamonga (CITY); 2) Amendment No. 2 to Cooperative Agreement No. 94001 by and between the San Bernardino County Transportation Authority (SBCTA) and the City of Rancho Cucamonga with regard to the management of jointly owned property at Cucamonga Station, all of which is located in the Haven-Arrow-Rochester-Transit (HART) District in the City of Rancho Cucamonga. (CITY) City Manager Gillison introduced the item and presented a PowerPoint presentation for item F1. City Manager Gillison reviewed the project plan by Brightline West to construct a 180+ mile rail line connecting Las Vegas, Nevada to Rancho Cucamonga and the opportunity for multi-modal transit at the HART District. Mr. Gillison reviewed construction timeframes, site plans and partnership between Brightline West and SBCTA. Mayor Michael opened the Administrative Hearing. Sarah Watterson, applicant, Vice President of Brightline West, spoke about the project and linking public transportation together at the HART District. Mayor Michael closed the Administrative Hearing. Discussion ensued on job and economic development opportunities. MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison, to approve 1) Approve the Disposition and Development Agreement with DesertExpress Enterprises, LLC (dba Brightline West) and the San Bernardino County Transportation Authority (SBCTA) for a portion of property located at the northwest corner of Milliken Avenue and Azusa Court, including easements across portions of right-of-way on 8th Street, Milliken Avenue, and the Cucamonga Station Property; and 2) Approve Amendment No. 2 to Cooperative Agreement No. 94-001 by and between the San Bernardino County Transportation Authority (SBCTA) and the City of Rancho Cucamonga with regard to the management of jointly owned property at Cucamonga Station. Motion carried 4-0. G. ADVERTISED PUBLIC HEARING ITEM(S) – CITY/FIRE DISTRICT G1. Consideration of Biennial Review of Conflict of Interest Code and a Resolution Adopting By Reference the Standard Conflict of Interest Provisions of California Code of Regulations Title 2, Section 18730 and Approving an Amended Conflict of Interest Code, Appendix I and II, to Account for the Addition, Deletion and Modification of Positions Listed as "Designated Positions" and Including Disclosure Categories for Designated Consultants. (RESOLUTION NO. 2022-127) (CITY) City Manager Gillison introduced Patricia Bravo-Valdez, MMC, Deputy Director of City Clerk Services, who provided a staff report. Mayor Michael opened the Public Hearing. There were no public communications. Mayor Michael closed the Public Hearing. MOTION: Moved by Mayor Pro Tem Kennedy, seconded by Council Member Scott, to approve Resolution No. 2022-127, Adopting By Reference the Standard Conflict of Interest Provisions of California Code of Regulations Title 2, Section 18730 and Approving an Amended Conflict of Interest Code, Appendix I and II, to Account for the Addition, Deletion and Modification of Positions Listed as "Designated Positions" and Including Disclosure Categories for Designated Consultants. Motion carried 4-0. Page 11 *DRAFT* October 4, 2022 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Adjourned Regular Meetings Minutes City of Rancho Cucamonga | Page 5 of 6 H. CITY MANAGERS STAFF REPORT(S) H1. Consideration of First Reading of Ordinance No. 1010, Entitled “An Ordinance of the City of Rancho Cucamonga, California, Adding Section 10.60.060 to the Rancho Cucamonga Municipal Code to Establish Procedures for the Designation of On-Street Accessibl e Parking Zones” to be Read by Title Only and Waive Further Reading and Approval of the Guidelines for Installation On-Street Accessible Parking Zones. (ORDINANCE NO. 1010) (CITY) City Manager Gillison introduced Jason Welday, Director of Engineering Services and Frank Lopez, Principal Civil Engineer, who gave a staff report. Discussion ensued on application requirements. MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott, to Introduce First Reading of Ordinance No. 1010, by title only and waive further reading and approve the Guidelines for On-Street Accessible Parking Zones and authorize the City Engineer to administratively modify the guidelines and application from time to time as deemed necessary. Linda Troyan, MMC, City Clerk Services Director, read the title of Ordinance No. 1010 by title only. ORDINANCE NO. 1010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING SECTION 10.60.060 TO THE RANCHO CUCAMONGA MUNICIPAL CODE TO ESTABLISH PROCEDURES FOR THE DESIGNATION OF ON-STREET ACCESSIBLE PARKING ZONES VOTES NOW CAST ON MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott, to Introduce First Reading of Ordinance No. 1010, by title only and waive further reading and approve the Guidelines for On-Street Accessible Parking Zones and authorize the City Engineer to administratively modify the guidelines and application from time to time as deemed necessary. Motion carried 4-0. H2. Consideration of First Reading and Introduction of Ordinance No. 1011, to be Read by Title Only and Waive Further Reading, Adopting the 2022 Edition of the California Building (model) Codes and the 2021 Edition of the International Building Codes and a Request to Set a Date for a Public Hearing for the Proposed Ordinance. (ORDINANCE NO. 1011) (CITY) H3. Consideration of First Reading of Ordinance No. FD-58, to be Read by Title Only and Waive Further Reading, An Ordinance of the Board of Directors of the Rancho Cucamonga Fire Protection District Adopting by Reference the 2022 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. (ORDINANCE NO. FD58) (FIRE) City Manager Gillison introduced Zack Neighbors, Acting Deputy Director of Building and Safety, who gave the staff report for items H2 and H3. MOTION: Moved by Mayor Pro Tem Kennedy, seconded by Council Member Hutchison, to Introduce First Reading of Ordinance No. 1011, by title only and waive further reading. Linda Troyan, MMC, City Clerk Services Director, read the title of Ordinance No. 1011 by title only. ORDINANCE NO. 1011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING BY REFERENCE THE 2022 CALIFORNIA BUILDING CODE, INCORPORATING THE "INTERNATIONAL BUILDING CODE, VOLUMES 1 AND 2", 2021 EDITION, INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA RESIDENTIAL CODE, INCORPORATING THE “INTERNATIONAL RESIDENTIAL CODE”, 2021 EDITION, INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA MECHANICAL CODE, INCORPORATING THE "UNIFORM MECHANICAL CODE", 2021 EDITION, INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA PLUMBING CODE, INCORPORATING THE "UNIFORM Page 12 *DRAFT* October 4, 2022 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Adjourned Regular Meetings Minutes City of Rancho Cucamonga | Page 6 of 6 PLUMBING CODE", 2021 EDITION, INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA ELECTRICAL CODE, INCORPORATING THE "NATIONAL ELECTRICAL CODE", 2020 EDITION, INCLUDING ANNEXES THERETO; THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA HISTORICAL BUILDING CODE”, INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA REFERENCED STANDARDS CODE; THE 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE; AND THE 2021 INTER NATIONAL PROPERTY MAINTENANCE CODE, TOGETHER WITH CERTAIN AMENDMENTS, DELETIONS, ADDITIONS, EXCEPTIONS, AND PENALTIES, AND AMENDING TITLE 15 OF THE RANCHO CUCAMONGA MUNICIPAL CODE VOTES NOW CAST ON MOTION: Moved by Mayor Pro Tem Kennedy, seconded by Council Member Hutchison, to Introduce First Reading of Ordinance No. 1011, by title only and waive further reading. Motion carried 4-0. MOTION: Moved by Board Member Hutchison, seconded by Vice President Kennedy, to Introduce First Reading of Ordinance No. FD-58, by title only and waive further reading. Linda Troyan, MMC, City Clerk Services Director, read the title of Ordinance No. FD-58 by title only. ORDINANCE NO. FD 58 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, STATE OF CALIFORNIA, ADOPTING BY REFERENCE THE 2022 CALIFORNIA FIRE CODE, WITH ERRATA, TOGETHER WITH CERTAIN CHANGES, MODIFICATIONS, AMENDMENTS, AD DITIONS, DELETIONS, AND EXCEPTIONS; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES; AND REPEALING CONFLICTING ORDINANCES VOTES NOW CAST ON MOTION: Moved by Board Member Hutchison, seconded by Vice President Kennedy, to Introduce First Reading of Ordinance No. FD-58, by title only and waive further reading. Motion carried 4-0. I. COUNCIL BUSINESS I1. COUNCIL ANNOUNCEMENTS Mayor Michael recognized the Community Services Department for the recent Senior Citizen Wellness Fair and performances at the Lewis Family Playhouse. I2. INTER-AGENCY UPDATES Council Member Hutchison announced he and Mayor Pro Tem Kennedy attended a Public Works Subcommittee meeting on September 21, 2022 regarding on-street accessible parking zones. J. CITY ATTORNEY ITEMS None. K. IDENTIFICATION OF ITEMS FOR NEXT MEETING None. L. ADJOURNMENT Mayor Michael adjourned the City Council Meeting in Memory of Bob Dutton at 8:24 p.m. __________________________________ Linda A. Troyan, MMC City Clerk Services Director Approved: Page 13 *DRAFT* October 19, 2022 | City Council and Planning Commission Joint Special Meeting Minutes Page 1 of 1 October 19, 2022 CITY OF RANCHO CUCAMONGA JOINT CITY COUNCIL AND PLANNING COMMISSION/HISTORIC PRESERVATION COMMISSION SPECIAL MEETING MINUTES A. CALL TO ORDER A special meeting of the Rancho Cucamonga City Council and Planning Commission was held on Wednesday, October 19, 2022 in the Tri-Communities Conference Room, 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. Mayor L. Dennis Michael called the meeting to order at 3:0 5 p.m. Present were Council Members Hutchison, Scott, Mayor Pro Tem Kennedy and Mayor Michael. Present were Planning Commission Members Boling, Daniels, Morales, Vice Chair Williams and Chairman Dopp. Also present were: John Gillison, City Manager; Matt Burris, Deputy City Manager/Economic and Community Development; Matt Marquez, Director of Planning and Economic Development; Jennifer Nakamura, Deputy Director of Planning ; Jason Welday, Director of Engineering Services; Mike Frasure, Director of Building and Safety and Linda A. Troyan, City Clerk Services Director. Chairman Dopp led the Pledge of Allegiance. B. PUBLIC COMMUNICATIONS None. C. ITEMS OF DISCUSSION C1. Presentation of Development and Construction Now and In the Future. John Gillison, City Manager, introduced the item on evolving development and construction trends and introduced Jennifer Nakamura, Deputy Director of Planning; Jason Welday, Director of Engineering Services and Mike Frasure, Director of Building and Safety who presented a PowerPoint presentation. Jennifer Nakamura, Deputy Director of Planning and Mike Frasure, Director of Building and Safety informed about construction types and methods that have been used traditionally, how they are evolving in application, and upcoming trending changes in the construction industry. The presentation showcased the direction the community is headed with regards to corridors and areas of increased density in developments, taller buildings, vertical mixed-use buildings, and the integration of parking under and within the footprint of the building. Jason Welday, Engineering Services Director, spoke about the General Plan land use-transportation strategy and provided an explanation of how the City’s transportation network will grow and evolve to manage anticipated growth within the boundaries of changes in state law. D. ADJOURNMENT The meeting adjourned at 4:45 p.m. Approved: __________________________________ Linda A. Troyan, MMC City Clerk Services Director Page 14 CITY OF RANCHO CUCAMONGA Com m unity Mini GrantProgram Healthy RC Mini Grant Program Awardees •Schools •Non-profits •Mental health organizations •Small businesses •Residents Programs •After school cooking club •Learning hubs •Self-care workshops •Mental health support groups •Mindfulness paint nights •Mindfulness workshops and breathing •Earth conservation •Empowerment for girls $15K Em otional regulation + mindfulness techniques Stress + anxiety Academic success + student wellness Com m unity connections "I always want people to remember they are enough" -9 yea r old Empowerment workshops Key Outcomes >1,200 community members reached "Loved the safe space. I was able to connect with myself and the community" -Pa int night participant "My fear is not always a bad thing; it's an opportunity for growth" - Support group participant Thank you! CITY OF RANCHO CUCAMONGA 2022 Walk to School Day Cucamonga Elementary School Clarence de Guzman, Management Analyst I |Community Development Krystal Lai, Assistant Engineer | Engineering Services Department CITY OF RANCHO CUCAMONGA Community Stakeholders at CES 2022 WTSD •Caltrans •San Bernardino County Superintendent of Schools •San Bernardino County Department of Public Health •Inland Empire Health Plan (IEHP) •Dairy Council of California •RC Fire District •Healthy RC •INCYCLE Bicycles •Impact Racing •Alta Loma Elementary School •Cucamonga Elementary School •Los Amigos Elementary School •Victoria Groves Elementary School •Vineyard Junior High School 2022 Walk to School Day Participation in theCity of Rancho Cucamonga CITY OF RANCHO CUCAMONGA QUESTIONS? ----- Healthy RC Active Transportation Infrastructure Assessment and Improvement Plan: www.CityofRC.us/ConnectRC DATE:November 2, 2022 TO:Mayor and Members of the City Council President and Members of the Boards of Directors FROM:John R. Gillison, City Manager INITIATED BY:Tamara L. Oatman, Finance Director Veronica Lopez, Accounts Payable Supervisor SUBJECT:Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $1,874,446.49 and City and Fire District Weekly Check Registers (No Checks Issued to Southern California Gas Company) in the Total Amount of $7,515,473.99 Dated October 10, 2022, Through October 23, 2022 and City and Fire District Electronic Debit Registers for the Month of September in the Total Amount of $1,722,258.59. (CITY/FIRE) RECOMMENDATION: Staff recommends City Council/Board of Directors of the Fire Protection District approve payment of demands as presented. Bi-weekly payroll is $1,105,794.24 and $768,652.25 for the City and the Fire District, respectively. Weekly check register amounts are $5,708,068.39 and $1,807,405.60 for the City and the Fire District, respectively. Electronic Debit Register amounts are $1,040,287.80 and $681,970.79 for the City and the Fire District, respectively. BACKGROUND: N/A ANALYSIS: N/A FISCAL IMPACT: Adequate budgeted funds are available for the payment of demands per the attached listing. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: N/A ATTACHMENTS: Attachment 1 - Weekly Check Register Attachment 2 - Electronic Debit Register Page 15 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 10/10/2022 through 10/23/2022 Check No.Check Date Vendor Name City Fire Amount AP 00014942 10/12/2022 360 DEEP CLEANING LLC 0.00 7,312.50 7,312.50 AP 00014943 10/12/2022 ABSOLUTE SECURITY INTERNATIONAL INC 32,206.25 0.00 32,206.25 AP 00014944 10/12/2022 ALL CITY MANAGEMENT SERVICES INC 14,096.59 0.00 14,096.59 AP 00014945 10/12/2022 AMAZON WEB SERVICES INC 2,955.42 0.00 2,955.42 AP 00014946 10/12/2022 ASSI SECURITY 735.00 0.00 735.00 AP 00014947 10/12/2022 BUREAU VERITAS NORTH AMERICA INC 3,387.80 0.00 3,387.80 AP 00014948 10/12/2022 CALPINE ENERGY SERVICES LP 123,750.00 0.00 123,750.00 AP 00014949 10/12/2022 CIVIC SOLUTIONS INC 17,665.00 0.00 17,665.00 AP 00014950 10/12/2022 CONFIRE JPA 0.00 215,518.50 215,518.50 ***AP 00014951 10/12/2022 EMCOR SERVICES 5,245.00 947.50 6,192.50 ***AP 00014952 10/12/2022 GOLDEN STATE RISK MANAGEMENT AUTHORITY 112,825.00 1,272.00 114,097.00 AP 00014953 10/12/2022 MICHAEL, L. DENNIS 705.25 0.00 705.25 AP 00014954 10/12/2022 RICHARDS WATSON & GERSHON 15,198.16 0.00 15,198.16 AP 00014955 10/12/2022 RIVERSIDE, CITY OF 6,909.00 0.00 6,909.00 AP 00014956 10/12/2022 SAN BERNARDINO COUNTY 20.00 0.00 20.00 AP 00014957 10/12/2022 YUNEX LLC 62,345.80 0.00 62,345.80 AP 00014958 10/19/2022 ALL CITY MANAGEMENT SERVICES INC 17,522.87 0.00 17,522.87 ***AP 00014959 10/19/2022 AMG & ASSOCIATES INC 24,533.75 844,718.34 869,252.09 AP 00014960 10/19/2022 BEST BEST & KRIEGER LLP 1,349.85 0.00 1,349.85 AP 00014961 10/19/2022 BSN SPORTS LLC 13.82 0.00 13.82 AP 00014962 10/19/2022 CALIF GOVERNMENT VEBA / RANCHO CUCAMONGA 24,462.58 0.00 24,462.58 AP 00014963 10/19/2022 DELL MARKETING LP 21,130.12 0.00 21,130.12 AP 00014964 10/19/2022 DELTA DENTAL OF CALIFORNIA 43,092.70 0.00 43,092.70 AP 00014965 10/19/2022 ELECNOR BELCO ELECTRIC INC 103,492.33 0.00 103,492.33 ***AP 00014966 10/19/2022 EMCOR SERVICES 18,735.50 4,118.83 22,854.33 AP 00014967 10/19/2022 RCCEA 1,456.00 0.00 1,456.00 AP 00014968 10/19/2022 RCPFA 12,956.66 0.00 12,956.66 AP 00014969 10/19/2022 RICHARDS WATSON & GERSHON 19,956.13 0.00 19,956.13 AP 00014970 10/19/2022 SAN BERNARDINO CTY SHERIFFS DEPT 3,289,432.87 0.00 3,289,432.87 AP 00014971 10/19/2022 YUNEX LLC 1,729.00 0.00 1,729.00 AP 00427628 10/12/2022 AIRGAS USA LLC 265.93 0.00 265.93 AP 00427629 10/12/2022 AKA PRODUCTIONS 7,000.00 0.00 7,000.00 AP 00427630 10/12/2022 ALBA, CANDACE 122.20 0.00 122.20 AP 00427631 10/12/2022 ALL WELDING 2,500.00 0.00 2,500.00 AP 00427632 10/12/2022 ALLEN, DEBORAH 404.28 0.00 404.28 AP 00427633 10/12/2022 ALLSTAR FIRE EQUIPMENT INC 0.00 2,796.64 2,796.64 ***AP 00427634 10/12/2022 ALSO ENERGY INC 3,168.00 418.00 3,586.00 AP 00427635 10/12/2022 AMERICAN PUBLIC POWER ASSOCIATION 6,198.37 0.00 6,198.37 AP 00427636 10/12/2022 AQUABIO ENVIRONMENTAL TECHNOLOGIES INC 1,659.94 0.00 1,659.94 AP 00427637 10/12/2022 ARCHIBALD PET HOSPITAL 800.00 0.00 800.00 AP 00427638 10/12/2022 AUTO & RV SPECIALISTS INC 156.50 0.00 156.50 AP 00427639 10/12/2022 BAUER COMPRESSORS INC 0.00 2,219.10 2,219.10 AP 00427640 10/12/2022 BENNETT, JEFFREY 326.29 0.00 326.29 AP 00427641 10/12/2022 BEST OUTDOOR POWER INLAND LLC 379.78 0.00 379.78 AP 00427642 10/12/2022 BICONDOVA, JOHN 0.00 320.00 320.00 AP 00427643 10/12/2022 BRIGHTVIEW LANDSCAPE SERVICES INC 23,599.26 0.00 23,599.26 AP 00427644 10/12/2022 BW PRINTWORKS 0.00 553.97 553.97 10:30:11 10/24/2022Current Date:VLOPEZ - Veronica Lopez Page:1 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 16 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 10/10/2022 through 10/23/2022 Check No.Check Date Vendor Name City Fire Amount AP 00427645 10/12/2022 C V W D 261.48 0.00 261.48 AP 00427646 10/12/2022 C V W D 0.00 99.81 99.81 AP 00427647 10/12/2022 C V W D 0.00 227.44 227.44 AP 00427648 10/12/2022 C V W D 0.00 326.41 326.41 ***AP 00427652 10/12/2022 C V W D 54,695.16 273.90 54,969.06 AP 00427653 10/12/2022 CALIFORNIA BUILDING OFFICIALS 120.00 0.00 120.00 AP 00427654 10/12/2022 CALIFORNIA DEPT OF TAX & FEE ADMINISTRATION 8,783.00 0.00 8,783.00 AP 00427655 10/12/2022 CALIFORNIA DEPT OF TAX & FEE ADMINISTRATION 36.00 0.00 36.00 AP 00427656 10/12/2022 CALIFORNIA UNDERGROUND FAC SAFE EXCAVATION 42.92 0.00 42.92 AP 00427657 10/12/2022 CalPERS LONG-TERM CARE PROGRAM 177.08 0.00 177.08 AP 00427658 10/12/2022 CAMERON-DANIEL PC 6,588.00 0.00 6,588.00 AP 00427659 10/12/2022 CARQUEST AUTO PARTS 316.57 0.00 316.57 AP 00427660 10/12/2022 CARROT-TOP INDUSTRIES INC 1,345.62 0.00 1,345.62 AP 00427661 10/12/2022 CART RETRIEVAL INC 765.00 0.00 765.00 AP 00427662 10/12/2022 CASTILLO, JESSIE 250.00 0.00 250.00 AP 00427663 10/12/2022 CASTONIA, JOHN 9,800.00 0.00 9,800.00 AP 00427664 10/12/2022 CHEN, TAO 68.24 0.00 68.24 AP 00427665 10/12/2022 CHINO MOWER & EQUIPMENT 0.00 423.02 423.02 ***AP 00427666 10/12/2022 CINTAS CORPORATION #150 2,163.90 683.33 2,847.23 AP 00427667 10/12/2022 COAST RECREATION INC 744.19 0.00 744.19 AP 00427668 10/12/2022 COMMONWEALTH LAND TITLE COMPANY 750.00 0.00 750.00 AP 00427669 10/12/2022 COOK, TROY 56.17 0.00 56.17 AP 00427670 10/12/2022 CORODATA MEDIA STORAGE INC 64.05 0.00 64.05 AP 00427671 10/12/2022 COVETRUS NORTH AMERICA 2,669.91 0.00 2,669.91 AP 00427672 10/12/2022 DAISYECO INC 3,156.80 0.00 3,156.80 AP 00427673 10/12/2022 DATA TICKET INC 7,553.95 0.00 7,553.95 AP 00427674 10/12/2022 DUNN-EDWARDS CORPORATION 0.00 442.02 442.02 AP 00427675 10/12/2022 EAN SERVICES LLC 0.00 642.66 642.66 AP 00427676 10/12/2022 ECONO FENCE COMPANY INC 9,750.00 0.00 9,750.00 AP 00427677 10/12/2022 EDDY, MATTHEW W 0.00 320.00 320.00 AP 00427678 10/12/2022 ELANCO US INC 186.04 0.00 186.04 AP 00427679 10/12/2022 EPIC OUTDOOR CINEMA LLC 24,970.21 0.00 24,970.21 AP 00427680 10/12/2022 ESCOBAR, ALBERT 80.53 0.00 80.53 AP 00427681 10/12/2022 FACTORY MOTOR PARTS 0.00 327.16 327.16 AP 00427682 10/12/2022 FAUPULA, ISIMEELI 670.00 0.00 670.00 AP 00427683 10/12/2022 FENG, JUDE 500.00 0.00 500.00 AP 00427684 10/12/2022 FERGUSON ENTERPRISES LLC #1350 4,189.47 0.00 4,189.47 AP 00427685 10/12/2022 FREEMAN, PRINCE 0.00 106.57 106.57 AP 00427686 10/12/2022 FSG ELECTRIC 485.47 0.00 485.47 AP 00427687 10/12/2022 FUEL SERV 0.00 210.00 210.00 AP 00427688 10/12/2022 G/M BUSINESS INTERIORS 9,592.73 0.00 9,592.73 AP 00427689 10/12/2022 GIORDANO, MARIANNA 76.80 0.00 76.80 AP 00427690 10/12/2022 GLADWELL GOVERNMENTAL SERVICES 6,000.00 0.00 6,000.00 AP 00427691 10/12/2022 GOLDENHOME INTERNATIONAL INC 305.50 0.00 305.50 AP 00427692 10/12/2022 GOVERNMENT EXECUTIVE MEDIA GROUP 1,995.00 0.00 1,995.00 AP 00427693 10/12/2022 GRAINGER 2,087.78 0.00 2,087.78 AP 00427694 10/12/2022 GRAPHICS FACTORY PRINTING INC 96.98 0.00 96.98 10:30:11 10/24/2022Current Date:VLOPEZ - Veronica Lopez Page:2 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 17 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 10/10/2022 through 10/23/2022 Check No.Check Date Vendor Name City Fire Amount AP 00427695 10/12/2022 GRAYBAR ELECTRIC COMPANY INC 272.83 0.00 272.83 AP 00427696 10/12/2022 GROZA, HOLLY 225.01 0.00 225.01 AP 00427697 10/12/2022 GUTIERREZ, EFREN 9.74 0.00 9.74 AP 00427698 10/12/2022 HCI ENVIRONMENTAL & ENGINEERING SVC 4,322.25 0.00 4,322.25 AP 00427699 10/12/2022 HEBERT, CHRISTINE 2,150.00 0.00 2,150.00 AP 00427700 10/12/2022 HILL'S PET NUTRITION SALES INC 4,532.76 0.00 4,532.76 AP 00427701 10/12/2022 HILLMAN, BRANDON 8.58 0.00 8.58 AP 00427702 10/12/2022 HOLLIDAY ROCK CO INC 4,108.14 0.00 4,108.14 AP 00427703 10/12/2022 HOLLOWAY, DEREK 0.00 320.00 320.00 AP 00427704 10/12/2022 HOLYFIELD, CHRIS 4,850.00 0.00 4,850.00 AP 00427705 10/12/2022 HONG, YINGLING 88.69 0.00 88.69 AP 00427706 10/12/2022 HOSE-MAN INC 230.34 0.00 230.34 AP 00427707 10/12/2022 HOTSY OF SOUTHERN CALIFORNIA 695.35 0.00 695.35 AP 00427708 10/12/2022 HUNTINGTON BEACH HONDA 34,184.92 0.00 34,184.92 AP 00427709 10/12/2022 HUTCHISON, RYAN 152.26 0.00 152.26 AP 00427710 10/12/2022 ICE CREATIVE ENTERTAINMENT LLC 15,000.00 0.00 15,000.00 AP 00427711 10/12/2022 IDEXX DISTRIBUTION INC 1,435.31 0.00 1,435.31 AP 00427712 10/12/2022 INLAND VALLEY DANCE ACADEMY 420.00 0.00 420.00 AP 00427713 10/12/2022 INTER VALLEY HEALTH PLAN 198.80 0.00 198.80 AP 00427714 10/12/2022 INTERSTATE ALL BATTERY CENTER 122.24 0.00 122.24 AP 00427715 10/12/2022 JACKSON, GLENN 250.00 0.00 250.00 AP 00427716 10/12/2022 JERL'S MUFFLER & BRAKE INC 1,534.30 0.00 1,534.30 AP 00427717 10/12/2022 JOHNNY ALLEN TENNIS ACADEMY 3,936.00 0.00 3,936.00 AP 00427718 10/12/2022 KINDRED CORPORATION 5,270.00 0.00 5,270.00 AP 00427719 10/12/2022 LA VERNE POWER EQUIPMENT INC 18,632.31 0.00 18,632.31 AP 00427720 10/12/2022 LEVEL 3 COMMUNICATIONS LLC 11,383.00 0.00 11,383.00 AP 00427721 10/12/2022 LITTLE BEAR PRODUCTIONS 1,575.00 0.00 1,575.00 AP 00427722 10/12/2022 MACKAY, TIMOTHY 2,338.76 0.00 2,338.76 AP 00427723 10/12/2022 MAGELLAN ADVISORS LLC 6,000.00 0.00 6,000.00 AP 00427724 10/12/2022 MALDONADO, SERGIO 54.08 0.00 54.08 AP 00427725 10/12/2022 MAY, ALEXIS 873.72 0.00 873.72 AP 00427726 10/12/2022 MOISA, DANIEL A 1,152.00 0.00 1,152.00 AP 00427727 10/12/2022 MOUNTAIN VIEW GLASS & MIRROR INC 0.00 1,040.06 1,040.06 AP 00427728 10/12/2022 MUNICIPAL EMERGENCY SERVICES INC 0.00 642.04 642.04 AP 00427729 10/12/2022 MUSICLAND 38.50 0.00 38.50 AP 00427730 10/12/2022 MWI ANIMAL HEALTH 693.08 0.00 693.08 ***AP 00427731 10/12/2022 NAPA AUTO PARTS 81.05 446.54 527.59 AP 00427732 10/12/2022 NEWSDATA LLC 1,600.00 0.00 1,600.00 AP 00427733 10/12/2022 NEXTECH SYSTEMS INC 43,902.03 0.00 43,902.03 ***AP 00427734 10/12/2022 NINYO & MOORE 1,818.50 10,672.00 12,490.50 ***AP 00427735 10/12/2022 ODP BUSINESS SOLUTIONS LLC 1,807.50 654.81 2,462.31 AP 00427736 10/12/2022 ONLY CREMATIONS FOR PETS INC 1,170.00 0.00 1,170.00 AP 00427737 10/12/2022 ONTARIO SPAY & NEUTER INC 600.00 0.00 600.00 AP 00427738 10/12/2022 ONWARD ENGINEERING 19,975.00 0.00 19,975.00 AP 00427739 10/12/2022 PACIFIC MH CONSTRUCTION INC 14,939.00 0.00 14,939.00 AP 00427740 10/12/2022 PACIFIC UTILITY INSTALLATION INC 38,950.00 0.00 38,950.00 AP 00427741 10/12/2022 PARTS AUTHORITY LLC 171.24 0.00 171.24 10:30:11 10/24/2022Current Date:VLOPEZ - Veronica Lopez Page:3 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 18 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 10/10/2022 through 10/23/2022 Check No.Check Date Vendor Name City Fire Amount AP 00427742 10/12/2022 PILONIETA, MANUEL E 105.00 0.00 105.00 AP 00427743 10/12/2022 POLLOCK, LARRY 0.00 324.00 324.00 AP 00427744 10/12/2022 PONDER, VISHAKHA 42.95 0.00 42.95 AP 00427745 10/12/2022 POSTAL PERFECT 150.00 0.00 150.00 AP 00427746 10/12/2022 PRAISE CHAPEL 648.76 0.00 648.76 AP 00427747 10/12/2022 PRICE, LORI 45.00 0.00 45.00 AP 00427748 10/12/2022 PRO SALES GROUP INC 814.15 0.00 814.15 AP 00427749 10/12/2022 PRO SPRAY EQUIPMENT 742.43 0.00 742.43 AP 00427750 10/12/2022 PROLIVING LLC 64.04 0.00 64.04 AP 00427751 10/12/2022 PSA PRINT GROUP 303.86 0.00 303.86 AP 00427752 10/12/2022 RANCHO WEST ANIMAL HOSPITAL 400.00 0.00 400.00 AP 00427753 10/12/2022 RE ASTORIA 2 LLC 98,260.46 0.00 98,260.46 AP 00427754 10/12/2022 RESCUE RESPONSE GEAR LLC 0.00 4,265.74 4,265.74 AP 00427755 10/12/2022 SAN BERNARDINO CO AUDITOR CONT 5,844.60 0.00 5,844.60 AP 00427756 10/12/2022 SAN BERNARDINO COUNTY 0.00 12,616.16 12,616.16 AP 00427757 10/12/2022 SANDERS, KRAMER 24.00 0.00 24.00 AP 00427758 10/12/2022 SHEAKLEY PENSION ADMINISTRATION 0.00 178.15 178.15 AP 00427759 10/12/2022 SHEAKLEY PENSION ADMINISTRATION 350.95 0.00 350.95 AP 00427760 10/12/2022 SITEONE LANDSCAPE SUPPLY LLC 4,215.59 0.00 4,215.59 AP 00427761 10/12/2022 SMITH PIPE & SUPPLY INC 255.82 0.00 255.82 AP 00427762 10/12/2022 SO CAL STORM 200.00 0.00 200.00 AP 00427763 10/12/2022 SOCIAL VOCATIONAL SERVICES 3,918.75 0.00 3,918.75 AP 00427764 10/12/2022 SOUTH COAST AQMD 0.00 1,379.78 1,379.78 ***AP 00427765 10/12/2022 SOUTHERN CALIFORNIA EDISON 95,376.04 4,691.28 100,067.32 AP 00427766 10/12/2022 SOUTHERN CALIFORNIA EDISON 563.10 0.00 563.10 ***AP 00427767 10/12/2022 SOUTHERN CALIFORNIA EDISON 1,576.24 3,677.88 5,254.12 AP 00427768 10/12/2022 SOUTHERN CALIFORNIA NEWS GROUP 2,695.00 0.00 2,695.00 AP 00427769 10/12/2022 SOVIC DESIGNS LLC 4,500.00 0.00 4,500.00 AP 00427770 10/12/2022 SPECIAL SERVICES GROUP LLC 2,400.00 0.00 2,400.00 AP 00427771 10/12/2022 STABILIZER SOLUTIONS INC 1,379.59 0.00 1,379.59 AP 00427772 10/12/2022 STANDARD INSURANCE COMPANY 13,238.18 0.00 13,238.18 AP 00427773 10/12/2022 STANDARD INSURANCE COMPANY 3,075.00 0.00 3,075.00 AP 00427774 10/12/2022 STERLING COFFEE SERVICE 403.39 0.00 403.39 AP 00427775 10/12/2022 STOTZ EQUIPMENT 786.05 0.00 786.05 AP 00427776 10/12/2022 TAGLE, ELIZABETH 127.00 0.00 127.00 AP 00427777 10/12/2022 THE KURLAND AGENCY 14,000.00 0.00 14,000.00 AP 00427778 10/12/2022 THOMAS, CHANDRA 22.36 0.00 22.36 ***AP 00427779 10/12/2022 TIREHUB LLC 4,261.88 482.66 4,744.54 AP 00427780 10/12/2022 TRANSTECH ENGINEERS INC 825.50 0.00 825.50 AP 00427781 10/12/2022 TRIPP, RICHARD 126.57 0.00 126.57 AP 00427782 10/12/2022 U.S. BANK PARS ACCT #6746022500 1,021.10 0.00 1,021.10 AP 00427783 10/12/2022 U.S. BANK PARS ACCT #6746022500 11,349.88 0.00 11,349.88 AP 00427784 10/12/2022 U.S. BANK PARS ACCT #6745033700 6,605.00 0.00 6,605.00 AP 00427785 10/12/2022 ULINE 264.44 0.00 264.44 AP 00427786 10/12/2022 UNDERGROUND SVC ALERT OF SO CAL 141.25 0.00 141.25 AP 00427787 10/12/2022 UNIVERSAL FLEET SUPPLY 0.00 172.95 172.95 AP 00427788 10/12/2022 UPS 46.90 0.00 46.90 10:30:11 10/24/2022Current Date:VLOPEZ - Veronica Lopez Page:4 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 19 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 10/10/2022 through 10/23/2022 Check No.Check Date Vendor Name City Fire Amount AP 00427789 10/12/2022 URBAN ARENA 1,640.00 0.00 1,640.00 AP 00427790 10/12/2022 VERIZON 31.25 0.00 31.25 AP 00427791 10/12/2022 VERIZON WIRELESS - LA 5,565.49 0.00 5,565.49 AP 00427792 10/12/2022 VETS CHOICE RADIOLOGY 218.00 0.00 218.00 AP 00427793 10/12/2022 VICTOR MEDICAL COMPANY 4,451.83 0.00 4,451.83 AP 00427794 10/12/2022 VICTORIA ANIMAL HOSPITAL 200.00 0.00 200.00 AP 00427795 10/12/2022 VIRTUAL PROJECT MANAGER LLC 500.00 0.00 500.00 AP 00427796 10/12/2022 VISTA PAINT 43.20 0.00 43.20 AP 00427797 10/12/2022 VORTEX INDUSTRIES LLC 5,088.63 0.00 5,088.63 AP 00427798 10/12/2022 VULCAN MATERIALS COMPANY 319.71 0.00 319.71 AP 00427799 10/12/2022 WAXIE SANITARY SUPPLY 5,459.79 0.00 5,459.79 AP 00427800 10/12/2022 WEST COAST ARBORISTS INC 559.45 0.00 559.45 AP 00427801 10/12/2022 WEST END MATERIAL SUPPLY 47.70 0.00 47.70 AP 00427802 10/12/2022 WINKLER, MICHAEL 62.40 0.00 62.40 AP 00427803 10/12/2022 YUNEX LLC 18,941.40 0.00 18,941.40 AP 00427804 10/12/2022 ZHANG, FENLI 91.03 0.00 91.03 AP 00427805 10/19/2022 ACUNA, VINCENT 71.95 0.00 71.95 AP 00427806 10/19/2022 ADVANCED CHEMICAL TRANSPORT INC 2,230.00 0.00 2,230.00 AP 00427807 10/19/2022 AFLAC GROUP INSURANCE 24.58 0.00 24.58 AP 00427808 10/19/2022 AIRGAS USA LLC 0.00 413.35 413.35 AP 00427809 10/19/2022 AMERICAN RED CROSS 427.70 0.00 427.70 AP 00427810 10/19/2022 ARCHIBALD PET HOSPITAL 500.00 0.00 500.00 ***AP 00427811 10/19/2022 AUFBAU CORPORATION 53,473.50 19,520.00 72,993.50 AP 00427812 10/19/2022 AUTOLIFT SERVICES INC 2,759.52 0.00 2,759.52 AP 00427813 10/19/2022 AYELE, ASFAW 257.16 0.00 257.16 AP 00427814 10/19/2022 BALLOON TEAM INC 506.43 0.00 506.43 AP 00427815 10/19/2022 BANK OF NEW YORK MELLON, THE 1,750.00 0.00 1,750.00 AP 00427816 10/19/2022 BARBARA'S ANSWERING SERVICE 552.00 0.00 552.00 AP 00427817 10/19/2022 BERN MARIE'S PROMOTIONAL PRODUCTS 653.86 0.00 653.86 AP 00427818 10/19/2022 BEST OUTDOOR POWER INLAND LLC 49.54 0.00 49.54 AP 00427819 10/19/2022 BIBLIOTHECA LLC 5,891.24 0.00 5,891.24 AP 00427820 10/19/2022 BILL & WAG'S INC 994.55 0.00 994.55 AP 00427821 10/19/2022 BRIDGE POINT RANCHO CUCAMONGA LLC 1,192.41 0.00 1,192.41 AP 00427822 10/19/2022 BRINKS INCORPORATED 2,227.56 0.00 2,227.56 AP 00427823 10/19/2022 BROYHILL, KRISTIN 136.79 0.00 136.79 ***AP 00427828 10/19/2022 C V W D 52,092.62 765.93 52,858.55 ***AP 00427829 10/19/2022 CALIF DEPT OF TAX & FEE ADMINISTRATION 4.99 443.72 448.71 AP 00427830 10/19/2022 CALIF INTERGOVERNMENTAL RISK AUTHORITY 0.00 555,974.00 555,974.00 AP 00427831 10/19/2022 CALIFORNIA, STATE OF 50.00 0.00 50.00 AP 00427832 10/19/2022 CALIFORNIA, STATE OF 50.00 0.00 50.00 AP 00427833 10/19/2022 CALIFORNIA, STATE OF 150.00 0.00 150.00 AP 00427834 10/19/2022 CALIFORNIA, STATE OF 32.26 0.00 32.26 AP 00427835 10/19/2022 CALIFORNIA, STATE OF 342.73 0.00 342.73 AP 00427836 10/19/2022 CalPERS LONG-TERM CARE PROGRAM 177.08 0.00 177.08 AP 00427837 10/19/2022 CAMBRIDGE SEVEN ASSOCIATES INC 2,693.50 0.00 2,693.50 AP 00427838 10/19/2022 CARQUEST AUTO PARTS 466.47 0.00 466.47 AP 00427839 10/19/2022 CASTILLO, JESSIE 200.00 0.00 200.00 10:30:11 10/24/2022Current Date:VLOPEZ - Veronica Lopez Page:5 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 20 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 10/10/2022 through 10/23/2022 Check No.Check Date Vendor Name City Fire Amount AP 00427840 10/19/2022 CINTAS CORPORATION #150 1,385.14 0.00 1,385.14 ***AP 00427841 10/19/2022 CITIZENS BUSINESS BANK 1,291.25 44,458.86 45,750.11 AP 00427842 10/19/2022 CITRUS MOTORS ONTARIO INC 1,815.14 0.00 1,815.14 AP 00427843 10/19/2022 COAST FITNESS REPAIR SHOP 525.28 0.00 525.28 AP 00427844 10/19/2022 COLLABORATIVE SOLUTIONS LLC 16,106.00 0.00 16,106.00 AP 00427845 10/19/2022 COMPTIA INC 3,700.00 0.00 3,700.00 AP 00427846 10/19/2022 CONOR CONSULTING LLC 225.00 0.00 225.00 AP 00427847 10/19/2022 COVETRUS NORTH AMERICA 144.06 0.00 144.06 AP 00427848 10/19/2022 DAISYECO INC 124.99 0.00 124.99 AP 00427849 10/19/2022 DANCE TERRIFIC 1,525.30 0.00 1,525.30 AP 00427850 10/19/2022 DEPARTMENT OF CONSERVATION 31,320.04 0.00 31,320.04 AP 00427851 10/19/2022 DEPARTMENT OF JUSTICE 785.00 0.00 785.00 AP 00427852 10/19/2022 DEPENDABLE COMPANY INC 67.50 0.00 67.50 AP 00427853 10/19/2022 EBSCO INFORMATION SERVICES 24,363.00 0.00 24,363.00 AP 00427854 10/19/2022 EXPERIAN 52.00 0.00 52.00 AP 00427855 10/19/2022 EXPRESS BRAKE SUPPLY INC 587.96 0.00 587.96 AP 00427856 10/19/2022 FELICIANO, ANTHONY 198.00 0.00 198.00 ***AP 00427857 10/19/2022 FERGUSON ENTERPRISES LLC #1350 1,504.45 293.83 1,798.28 ***AP 00427858 10/19/2022 FRONTIER COMM 1,408.73 695.71 2,104.44 ***AP 00427859 10/19/2022 FRONTIER COMM 169.44 395.35 564.79 AP 00427860 10/19/2022 FUEL SERV 210.00 0.00 210.00 AP 00427861 10/19/2022 FUN SERVICE 8,487.50 0.00 8,487.50 AP 00427862 10/19/2022 GAIL MATERIALS 3,684.58 0.00 3,684.58 AP 00427863 10/19/2022 GARCIA, STEPHANIE 103.41 0.00 103.41 AP 00427864 10/19/2022 GATEWAY PET CEMETERY & CREMATORY 1,060.00 0.00 1,060.00 AP 00427865 10/19/2022 GENUINE GENERAL CONTRACTOR 9,270.00 0.00 9,270.00 AP 00427866 10/19/2022 GILKEY, JOHN A 250.00 0.00 250.00 AP 00427867 10/19/2022 GOLDEN OAKS VET HOSPITAL 100.00 0.00 100.00 AP 00427868 10/19/2022 GRAYBAR ELECTRIC COMPANY INC 371.31 0.00 371.31 AP 00427869 10/19/2022 HAAKER EQUIPMENT COMPANY 236.42 0.00 236.42 AP 00427870 10/19/2022 HILL'S PET NUTRITION SALES INC 559.87 0.00 559.87 AP 00427871 10/19/2022 HOLLIDAY ROCK CO INC 3,997.00 0.00 3,997.00 AP 00427872 10/19/2022 HOME DEPOT CREDIT SERVICES 406.52 0.00 406.52 AP 00427873 10/19/2022 HOSE-MAN INC 227.08 0.00 227.08 AP 00427874 10/19/2022 HUMANE SOCIETY OF SAN BERNARDINO VALLEY 400.00 0.00 400.00 AP 00427875 10/19/2022 INLAND EMPIRE PROPERTY SERVICES INC 0.00 9,449.75 9,449.75 AP 00427876 10/19/2022 INLAND PRESORT & MAILING SERVICES 250.04 0.00 250.04 AP 00427877 10/19/2022 INYO NETWORKS 55,597.50 0.00 55,597.50 AP 00427878 10/19/2022 ITRON INC 8,726.88 0.00 8,726.88 AP 00427879 10/19/2022 JB PLUMBING & CONSTRUCTION SERVICE INC 1,500.00 0.00 1,500.00 AP 00427880 10/19/2022 KAISER FOUNDATION HEALTH PLAN INC 250,012.48 0.00 250,012.48 AP 00427881 10/19/2022 KEITH, JORRY 90.00 0.00 90.00 AP 00427882 10/19/2022 KENNEDY, LYNNE 567.58 0.00 567.58 AP 00427883 10/19/2022 KEYSER MARSTON ASSOCIATES INC 1,280.00 0.00 1,280.00 AP 00427884 10/19/2022 KIM, HEE YEOL 95.21 0.00 95.21 AP 00427885 10/19/2022 KME FIRE APPARATUS 0.00 136.83 136.83 AP 00427886 10/19/2022 KOA CORPORATION 9,584.68 0.00 9,584.68 10:30:11 10/24/2022Current Date:VLOPEZ - Veronica Lopez Page:6 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 21 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 10/10/2022 through 10/23/2022 Check No.Check Date Vendor Name City Fire Amount AP 00427887 10/19/2022 LANCE SOLL & LUNGHARD 42,270.00 0.00 42,270.00 AP 00427888 10/19/2022 LI, YUNQING 76.79 0.00 76.79 AP 00427889 10/19/2022 LIFE-ASSIST INC 0.00 7,095.30 7,095.30 AP 00427890 10/19/2022 LISA WISE CONSULTING 2,166.25 0.00 2,166.25 AP 00427891 10/19/2022 LITTLE BEAR PRODUCTIONS 0.00 450.00 450.00 AP 00427892 10/19/2022 LN CURTIS & SONS 0.00 36,059.47 36,059.47 ***AP 00427894 10/19/2022 LOWES COMPANIES INC 7,491.02 1,347.49 8,838.51 AP 00427895 10/19/2022 LU'S LIGHTHOUSE INC 393.50 0.00 393.50 AP 00427896 10/19/2022 MARIPOSA LANDSCAPES INC 34,434.91 0.00 34,434.91 AP 00427897 10/19/2022 MARK CHRISTOPHER INC 22.45 0.00 22.45 AP 00427898 10/19/2022 MARLINK INC 0.00 162.00 162.00 AP 00427900 10/19/2022 MIDWEST TAPE 10,941.20 0.00 10,941.20 AP 00427901 10/19/2022 MINER, ALEXIS 193.88 0.00 193.88 AP 00427902 10/19/2022 MIRANDA, ANNETTE 500.00 0.00 500.00 AP 00427903 10/19/2022 MUSICLAND 168.00 0.00 168.00 AP 00427904 10/19/2022 NAKAMURA, JENNIFER 35.25 0.00 35.25 ***AP 00427905 10/19/2022 NAPA AUTO PARTS 5.14 878.12 883.26 AP 00427907 10/19/2022 NATIONAL UTILITY LOCATORS LLC 12,670.00 0.00 12,670.00 AP 00427908 10/19/2022 NELSON, GREGORY 635.86 0.00 635.86 AP 00427909 10/19/2022 ODP BUSINESS SOLUTIONS LLC 2,146.58 0.00 2,146.58 AP 00427910 10/19/2022 ONWARD ENGINEERING 6,060.00 0.00 6,060.00 AP 00427911 10/19/2022 ONYX ARCHITECTS INC 612.50 0.00 612.50 AP 00427912 10/19/2022 OPEN APPS INC 16,823.52 0.00 16,823.52 AP 00427913 10/19/2022 PACIFIC UTILITY INSTALLATION INC 11,220.00 0.00 11,220.00 AP 00427914 10/19/2022 PALACIOS, JENNIFER 50.76 0.00 50.76 AP 00427915 10/19/2022 PARS 3,500.00 0.00 3,500.00 AP 00427916 10/19/2022 PRE-PAID LEGAL SERVICES INC 53.36 0.00 53.36 AP 00427917 10/19/2022 PRIME GLASS 414.17 0.00 414.17 AP 00427918 10/19/2022 PRO SPRAY EQUIPMENT 261.00 0.00 261.00 AP 00427919 10/19/2022 QLESS INC 10,530.00 0.00 10,530.00 AP 00427920 10/19/2022 RANCHO SMOG CENTER 89.90 0.00 89.90 AP 00427921 10/19/2022 RBM LOCK & KEY SERVICE 15.62 0.00 15.62 AP 00427922 10/19/2022 RDO EQUIPMENT COMPANY 4,409.45 0.00 4,409.45 AP 00427923 10/19/2022 RESAR, JASON 54.70 0.00 54.70 AP 00427924 10/19/2022 RIVERA, IVAN 100.00 0.00 100.00 AP 00427925 10/19/2022 RULVALCABA, MARIA 110.56 0.00 110.56 AP 00427926 10/19/2022 SAN BERNARDINO COUNTY 15,443.92 0.00 15,443.92 AP 00427927 10/19/2022 SAN BERNARDINO COUNTY SHERIFFS DEPT 1,125.05 0.00 1,125.05 AP 00427928 10/19/2022 SANS INSTITUTE 6,420.00 0.00 6,420.00 AP 00427929 10/19/2022 SBPEA 2,546.25 0.00 2,546.25 AP 00427930 10/19/2022 SCOTT, MICHAEL 63.40 0.00 63.40 AP 00427931 10/19/2022 SEANEZ, CARLOS 500.00 0.00 500.00 AP 00427932 10/19/2022 SHRED PROS 60.00 0.00 60.00 AP 00427933 10/19/2022 SITEONE LANDSCAPE SUPPLY LLC 291.10 0.00 291.10 ***AP 00427935 10/19/2022 SOUTHERN CALIFORNIA EDISON 9,553.46 2,187.05 11,740.51 ***AP 00427936 10/19/2022 STANLEY PEST CONTROL 2,150.00 810.00 2,960.00 AP 00427937 10/19/2022 SUNRISE FORD 1,977.54 0.00 1,977.54 10:30:11 10/24/2022Current Date:VLOPEZ - Veronica Lopez Page:7 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 22 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 10/10/2022 through 10/23/2022 Check No.Check Date Vendor Name City Fire Amount AP 00427938 10/19/2022 TESLA ENERGY OPERATIONS INC 110.14 0.00 110.14 AP 00427939 10/19/2022 THOMSON REUTERS - WEST 365.00 0.00 365.00 AP 00427940 10/19/2022 TINKER GLASS CONTRACTORS INC 106,140.00 0.00 106,140.00 AP 00427941 10/19/2022 TKO INC 6,000.00 0.00 6,000.00 AP 00427942 10/19/2022 TOWILL INC 29,965.00 0.00 29,965.00 AP 00427943 10/19/2022 TRANSWEST TRUCK CENTER LLC 179.93 0.00 179.93 AP 00427944 10/19/2022 TRAVELERS HAVEN LLC 34.74 0.00 34.74 AP 00427945 10/19/2022 UNITED WAY 35.00 0.00 35.00 AP 00427946 10/19/2022 UNITY COURIER SERVICE INC 1,412.32 0.00 1,412.32 AP 00427947 10/19/2022 UNIVERSAL FLEET SUPPLY 0.00 27.09 27.09 AP 00427948 10/19/2022 VCA CENTRAL ANIMAL HOSPITAL 62.76 0.00 62.76 AP 00427949 10/19/2022 VELOCITY TRUCK CENTERS 344.99 0.00 344.99 AP 00427950 10/19/2022 VELOCITY TRUCK CENTERS 253.07 0.00 253.07 AP 00427951 10/19/2022 VERIZON WIRELESS - LA 46.32 0.00 46.32 AP 00427952 10/19/2022 VERIZON WIRELESS - LA 5,313.99 0.00 5,313.99 AP 00427953 10/19/2022 VICTOR MEDICAL COMPANY 1,228.93 0.00 1,228.93 AP 00427954 10/19/2022 VISION SERVICE PLAN CA 10,962.28 0.00 10,962.28 AP 00427955 10/19/2022 WALBYE, JESSICA 226.88 0.00 226.88 AP 00427956 10/19/2022 WAXIE SANITARY SUPPLY 91.32 0.00 91.32 AP 00427957 10/19/2022 WILSON & BELL AUTO SERVICE 150.00 0.00 150.00 AP 00427958 10/19/2022 ZONES CORPORATE SOLUTIONS 207.30 0.00 207.30 $5,708,068.39 $7,515,473.99 $1,807,405.60 Note: Grand Total: Total Fire: Total City: *** Check Number includes both City and Fire District expenditures 10:30:11 10/24/2022Current Date:VLOPEZ - Veronica Lopez Page:8 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 23 DATE DESCRIPTION CITY FIRE AMOUNT 9/2 Bank Fee 108.90 108.90 9/6 WIRE PAYMENT - RCMU CAISO 57,075.04 57,075.04 9/6 Workers Comp - City Account Transfer 8,479.86 8,479.86 9/6 Workers Comp - Fire Account Transfer 7,900.43 7,900.43 9/7 CALPERS - City - Retirement Account Deposit 72,842.30 72,842.30 9/7 CALPERS - City - Retirement Account Deposit 100,960.17 100,960.17 9/7 Workers Comp - City Account Transfer 5,074.20 5,074.20 9/7 Workers Comp - Fire Account Transfer 10,302.63 10,302.63 9/8 CALPERS - City - Retirement Account Deposit 38.91 38.91 9/8 CALPERS - City - Retirement Account Deposit 109.67 109.67 9/8 CALPERS - Fire - Retirement Account Deposit 2,788.66 2,788.66 9/8 CALPERS - Fire - Retirement Account Deposit 3,492.15 3,492.15 9/8 CALPERS - Fire - Retirement Account Deposit 5,342.74 5,342.74 9/8 CALPERS - Fire - Retirement Account Deposit 10,564.61 10,564.61 9/8 CALPERS - Fire - Retirement Account Deposit 37,754.69 37,754.69 9/8 CALPERS - Fire - Retirement Account Deposit 97,886.91 97,886.91 9/8 STATE DISBURSEMENT UNIT - Child Support Payments 3,534.45 3,534.45 9/8 STATE DISBURSEMENT UNIT - Child Support Payments 1,270.50 1,270.50 9/8 Workers Comp - City Account Transfer 3,745.22 3,745.22 9/8 Workers Comp - Fire Account Transfer 15,160.70 15,160.70 9/9 Workers Comp - City Account Transfer 585.88 585.88 9/9 Workers Comp - Fire Account Transfer 12,980.37 12,980.37 9/12 WIRE PAYMENT - RCMU CAISO 30,910.12 30,910.12 9/12 Workers Comp - City Account Transfer 9,419.63 9,419.63 9/12 Workers Comp - Fire Account Transfer 13,515.70 13,515.70 9/13 Workers Comp - City Account Transfer 711.96 711.96 9/13 Workers Comp - Fire Account Transfer 7,601.76 7,601.76 9/14 Workers Comp - City Account Transfer 949.60 949.60 9/14 Workers Comp - Fire Account Transfer 11,296.80 11,296.80 9/15 Workers Comp - City Account Transfer 624.45 624.45 9/15 Workers Comp - Fire Account Transfer 2,364.66 2,364.66 9/16 Workers Comp - City Account Transfer 4,355.02 4,355.02 9/16 Workers Comp - Fire Account Transfer 1,340.10 1,340.10 9/19 CALPERS - City - Retirement Account Deposit 64.45 64.45 9/19 WIRE PAYMENT - RCMU CAISO 223,199.72 223,199.72 9/19 Workers Comp - City Account Transfer 1,287.71 1,287.71 9/19 Workers Comp - Fire Account Transfer 2,193.08 2,193.08 9/20 CALPERS - City - Retirement Account Deposit 66.16 66.16 9/20 CALPERS - City - Retirement Account Deposit 73,737.30 73,737.30 9/20 CALPERS - City - Retirement Account Deposit 101,407.75 101,407.75 9/20 Workers Comp - City Account Transfer 78.37 78.37 9/20 Workers Comp - Fire Account Transfer 9,808.52 9,808.52 9/21 CALPERS - Fire - Retirement Account Deposit 2,788.66 2,788.66 9/21 CALPERS - Fire - Retirement Account Deposit 3,492.15 3,492.15 9/21 CALPERS - Fire - Retirement Account Deposit 5,061.76 5,061.76 9/21 CALPERS - Fire - Retirement Account Deposit 10,564.61 10,564.61 9/21 CALPERS - Fire - Retirement Account Deposit 37,410.54 37,410.54 9/21 CALPERS - Fire - Retirement Account Deposit 97,584.53 97,584.53 9/21 Workers Comp - City Account Transfer 345.00 345.00 9/21 Workers Comp - Fire Account Transfer 5,305.36 5,305.36 9/22 CALPERS - Fire - Retirement Account Deposit 183,112.22 183,112.22 9/22 STATE DISBURSEMENT UNIT - Child Support Payments 3,534.45 3,534.45 9/22 STATE DISBURSEMENT UNIT - Child Support Payments 1,270.50 1,270.50 9/22 Workers Comp - City Account Transfer 1,151.50 1,151.50 9/22 Workers Comp - Fire Account Transfer 1,022.24 1,022.24 9/23 CALPERS - Fire - Retirement Account Deposit 3.37 3.37 9/23 CALPERS - Fire - Retirement Account Deposit 516.92 516.92 9/23 Workers Comp - City Account Transfer 307.34 307.34 9/23 Workers Comp - Fire Account Transfer 3,161.38 3,161.38 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Electronic Debit Register SEPTEMBER 1, 2022 TO SEPTEMBER 30, 2022 1 Page 24 DATE DESCRIPTION CITY FIRE AMOUNT CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Electronic Debit Register SEPTEMBER 1, 2022 TO SEPTEMBER 30, 2022 9/26 WIRE PAYMENT - RCMU CAISO 339,701.57 339,701.57 9/26 Workers Comp - Fire Account Transfer 3,329.20 3,329.20 9/27 Workers Comp - Fire Account Transfer 28.84 28.84 9/28 Workers Comp - City Account Transfer 260.00 260.00 9/29 Workers Comp - City Account Transfer 149.00 149.00 9/29 Workers Comp - Fire Account Transfer 69,225.60 69,225.60 TOTAL CITY 1,040,287.80 TOTAL FIRE 681,970.79 GRAND TOTAL 1,722,258.59 2 Page 25 DATE:November 2, 2022 TO:Mayor and Members of the City Council President and Members of the Boards of Directors FROM:John R. Gillison, City Manager INITIATED BY:Julie A. Sowles, Deputy City Manager of Civic and Cultural Services Linda A. Troyan, MMC, City Clerk Services Director SUBJECT:AB 361 Findings for Special Brown Act Requirements for Teleconference. (CITY/FIRE) RECOMMENDATION: Staff recommends that the City Council/Board of Directors of the Fire Protection District make the following findings in order for the City’s legislative bodies to continue meeting virtually: (1) the City Council has reconsidered the circumstances of the COVID-19 state of emergency; and (2) the COVID-19 state of emergency continues to directly impact of the ability of the members of the City’s legislative bodies to meet safely in person. BACKGROUND: On March 4, 2020, Governor Newsom proclaimed a state of emergency to exist in California due to the spread of COVID-19. This proclamation is still in effect. The Governor subsequently issued numerous executive orders suspending or modifying state laws to facilitate the response to the emergency. Among other things, these executive orders superseded certain Brown Act requirements and established special rules to give local public agencies greater flexibility to conduct teleconference meetings. The special rules included provisions allowing local public agencies to conduct teleconference meetings without having to provide a physical location from which the public may attend or comment; without having to use teleconference locations that are publicly accessible; and without having to identify teleconference locations on the agenda. Those special rules expired on September 30, 2021. On September 16, 2021, in anticipation of then-imminent expiration of his special rules for teleconference meetings, Governor Newsom signed AB 361. In key part, this bill amends the Brown Act to establish special requirements for teleconference meetings if a legislative body of a local public agency makes two findings pursuant to Government Code Section 54953(e)(3). Like the special rules in the Governor’s executive orders, the special Brown Act requirements in AB 361 include provisions allowing public agencies to conduct teleconference meetings without having to use teleconference locations that are publicly accessible; and without having to identify teleconference locations on the agenda. The AB 361 special Brown Act requirements are scheduled be repealed on January 1, 2024. In order for a local public agency to be subject to the AB 361 special Brown Act requirements for teleconference meetings, a legislative body of a local public agency first must make a finding that it has “reconsidered” the circumstances of a declared state of emergency. Second, there must be Page 26 Page 2 1 5 4 3 a finding that such emergency continues to directly impact the ability of legislative body members to meet safely in person. Alternatively, for the second finding, there must be a finding that state or local officials continue to impose or recommend social distancing measures. These findings must be made within 30 days after the first teleconference under AB 361 and on a monthly basis thereafter. ANALYSIS: Due to the continuing, rapid spread of the Omicron and Delta variants of COVID-19, staff is recommending that the City Council make the necessary findings in order to continue holding teleconference meetings. The findings were first made at the January 5, 2022, City Council meeting. Federal and state officials continue to recommend social distancing measures, including limiting in-door gatherings, to limit the spread of the highly transmissible Omicron variant of COVID-19. It is expected that virtual meetings will only be conducted pursuant to AB 361 where a City Council Member or other member of a commission/committee is unable to meet in person due to exposure to COVID-19. Under AB 361, the public must also be given an opportunity to participate in a virtual meeting via a teleconference option, and the amended agenda provides call-in information. However, the public will continue to be permitted to attend the meeting in person. It is unclear if future meetings will require a teleconference option. FISCAL IMPACT: There is no fiscal impact caused by this item. The City has the necessary equipment to conduct a teleconference meeting. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item directly supports the Council Core Value to actively seek and respectfully consider all public input by allowing the City’s legislative bodies and members of the public to safely participate in public meetings. ATTACHMENTS: None. Page 27 No DATE:November 2, 2022 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Robert Neiuber, Human Resources Director Lucy Alvarez-Nunez, Management Analyst SUBJECT:Consideration to Adopt a Resolution Approving a Side Letter Agreement Between the City of Rancho Cucamonga and Teamsters Local 1932. (RESOLUTION NO. 2022-136) (CITY) RECOMMENDATION: Staff recommends that the City Council adopt the attached resolution approving a Side Letter of Agreement between the City of Rancho Cucamonga and Teamsters Local 1932. BACKGROUND: The City Council previously approved a three-year Memorandum of Understanding (MOU) between the City of Rancho Cucamonga and Teamsters Local 1932, effective July 1, 2022, to June 30, 2025. The MOU includes a provision providing a stipend for employees required by the City to hold a valid Class “A” Driver’s License. On October 13, 2022, the City and Teamsters Local 1932 met and conferred in good faith. The parties agreed to clarify Section 35 of the MOU: Class “A” Driver’s License Stipend. ANALYSIS: The agreed amendment to Section 35 of the MOU: Class “A” Driver’s License Stipend, provides clarification on stipend pay for employees required by the city to hold a valid Class A Driver’s License while working on resolving a medical hold or other types of hold on their driver’s license. In this clarification, employees will have two pay periods to resolve any issues. If the hold is not released within this timeframe, the employee will no longer receive the stipend until such time that the hold is released. Staff recommends the City Council adopt the attached resolution approving the Side Letter of Agreement between the City and Teamsters Local 1932. This Side Letter of Agreement shall be incorporated into the MOU. The MOU will remain in full force and effect except to the extent modified by this Side Letter of Agreement. This Side Letter of Agreement shall not be effective until ratified by the City Council. FISCAL IMPACT: The agreed-upon clarification will not result in any fiscal impact. Page 28 Page 2 1 5 3 5 COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item addresses the City Council’s goal of working together cooperatively and respectfully with each other, staff, and all stakeholders. ATTACHMENTS: Attachment 1 – Resolution No. 2022-136 Attachment 2 - Side Letter of Agreement Page 29 Resolution No. 2022-136 - Page 1 of 1 RESOLUTION NO. 2022-136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND TEAMSTERS LOCAL 1932 WHEREAS, representatives of the City of Rancho Cucamonga (City) and Teamsters Local 1932 have met and conferred pursuant to the provisions of the Meyers-Milias-Brown Act (California Government Code §3500, et seq.) with regard to terms and conditions of employment; and WHEREAS, representatives of the City and Teamsters Local 1932 have agreed upon and presented to this City Council a Side Letter of Agreement clarifying Section 35 of the MOU: Class “A” Driver’s License Stipend. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES that said Side Letter of Agreement with Teamsters Local 1932 is hereby approved and the City Manager is hereby authorized to sign said Side Letter of Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. PASSED, APPROVED, AND ADOPTED this 2nd day of November 2022. Attachment 1 Page 30 SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE TEAMSTERS LOCAL 1932 The City of Rancho Cucamonga ("City") and the Teamsters Local 1932(collectively, the "Parties") entered into a Memorandum of Understanding ("MOU") that commenced on July 1, 2022 and expires on June 30, 2025. The Parties met and conferred in good faith in September of 2022. The Parties agreed to clarifying Section 35 of the MOU: California Class “A” Driver License Stipend. That section shall be modified and replaced with the following: SECTION 35: CALIFORNIA CLASS “A” DRIVER LICENSE STIPEND Employees required by the City to hold a valid Class “A” Driver’s License for their position and participate in Department of Transportation (DOT) random drug and alcohol testing shall receive a stipend of $75 per month ($34.61 per pay period.) The Department will provide and maintain a list of positions and employees in those required positions. The list will be available upon request. Effective the first full pay period after adoption of this side letter by the City Council, employees on the City list who are on or placed on a medical hold and/or for any other reason are therefore unable to operate vehicles requiring a Class “A” Driver’s License will continue to receive the stipend for the first two pay periods that the employee is unable to operate vehicles requiring a Class “A” Driver’s License. The stipend would then stop until the employee is able to be cleared medically or otherwise to operate vehicles requiring a Class “A” Driver’s License and again participate in the DOT random Drug and Alcohol testing. This Side Letter of Agreement shall be incorporated into the MOU. The MOU shall remain in full force and effect except to the extent modified by this Side Letter of Agreement. This Side Letter of Agreement shall not be effective until ratified by the City Council and approved by the Teamsters Local 1932. For the City of Rancho Cucamonga For the Teamsters Local 1932 Oct 17, 2022 _________________________________ ________________________________ John Gillison Rich Smith – Business Agent City Manager Teamsters Local 1932 ATTACHMENT 2 Page 31 DATE:November 2, 2022 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Julie A. Sowles, Deputy City Manager of Civic and Cultural Services Linda A. Troyan, MMC, City Clerk Services Director Patricia Bravo-Valdez, MMC, Deputy Director of City Clerk Services Kimberly Solorio, Records Management Analyst SUBJECT:Consideration of a Professional Services Agreement with Granicus (GovQA) for Public Records Request Management Software in an Amount Not to Exceed $170,000 for a total of seven years. (CITY) RECOMMENDATION: Staff recommends the City Council authorize execution of a three (3) year contract for public records request management software with Granicus (“GovQA”), with an option to renew in one- year increments to a total of seven years, in an amount not to exceed $170,000, and approve GovQA as a single source vendor. BACKGROUND: The City Clerk Services Department identified the need for public records request management software to efficiently manage all incoming public records requests and information. The GovQA Platform allows for the comprehensive processing of public records requests, including distribution to designated departments, information collection, time tracking and reporting. In 2017, after a Request for Proposal process, the City entered into a Professional Services Agreement, CO 17-160, with GovQA for public records request management services. In 2021, the City amended the contract to continue services with GovQA for a one-year period. ANALYSIS: GovQA has met the needs of the City, providing proper and efficient management of public records requests. In accordance with the City’s procurement policies and procedures, GovQA should be considered a single source vendor due to standardization and the administrative cost to change vendors. Standardization of the public records request management software improves the processing of public records requests; and allows both staff and the City’s customers to continue with the current structured methods for electronic processing of requests. Continuing services with Granicus will also minimize the amount of time staff would need to spend on soliciting for a new proposal and training users to learn a new system. Due to the success of GovQA as a public records request management solution and meeting the City’s standards for customer service, staff is seeking approval from City Council to use a single Page 32 Page 2 1 3 9 8 source procurement process for the GovQA Professional Services Agreement. The Agreement was reviewed by the City Attorney’s Office, Risk Management and DoIT. The single source justification and agreement is on file with the City Clerk’s Office. FISCAL IMPACT: The cost for public records request management software services has been budgeted for Fiscal Year 2022/2023 and will be approximately $20,020 annually, with a 5.5% annual increase, not to exceed $170,000. Funding for this service will come from General Fund object 1001209-5300 Contract Services. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This item addresses the Council Core Values of intentionally embracing and anticipating the future, by utilizing a software system that will allow staff to efficiently continue to process public records requests in compliance with the Public Records Act. ATTACHMENTS: None. Page 33 DATE:November 2, 2022 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Matt Marquez, Director of Planning and Economic Development Jennifer Nakamura, Deputy Director of Planning Fabian Villenas, Interim Management Analyst II Ruth Cain, CPPB, Procurement Manager SUBJECT:Consideration to Approve Professional Services Agreements to Add an Additional Seven Selected Vendors for On-Call CEQA Environmental Consulting Services. (CITY) RECOMMENDATION: Staff recommends the City Council approve and execute master agreements to add an additional seven selected consultant firms to conduct “on-call” CEQA environmental services. BACKGROUND: The California Environmental Quality Act (CEQA) requires state and local governments to consider the potential effects of a project before deciding whether to approve it. CEQA’s purpose is to disclose the potential impacts of a project, suggest methods to minimize those impacts and discuss alternatives to the project so that decision makers will have full information upon which to base their decisions. CEQA applies to both public and private projects. The Planning and Economic Development Department routinely uses environmental consultants to assist in the CEQA analysis of private development projects. Other City departments such as Engineering Services, Community Services and Public Works utilize CEQA consultants as needed for public projects. To reduce contract redundancies and streamline the procurement process, a Statement of Qualifications (SOQ) was prepared to create an “on-call” consultant list for CEQA services that can be utilized by all City departments. ANALYSIS: In 2018, the City solicited a formal Request for Statement of Qualifications #18/19-201 for the purposes of creating a qualified vendor list for “on-call” CEQA consulting services. After receiving 24 responses from prospective vendors, an evaluation panel was formed, and the proposal responses were evaluated and rated in accordance with the criteria identified in the SOQ. At its meeting on March 20, 2019, the City Council approved the execution of master agreements with the top 11 selected consultant firms to conduct “on-call” CEQA environmental services for seven years. Since the execution of the “on-call” contracts with the 11 consultant firms, they have been contacted as needed and selected for various projects based on project need and consultant’s Page 34 Page 2 1 5 2 3 availability. However, due to high demand that many of these consultants are experiencing, city departments have experienced difficulty in securing consultants to conduct the CEQA consulting services for projects. As such, staff is seeking approval to expand the list of available consultants and add an additional seven vendors to the original 11 vendors that were selected in 2019. These seven vendors are the next ranked from the 24 prospective vendors that originally responded to Statement of Qualifications #18/19-201 solicitation process. These firms are: LSA Associates, CASC Engineering and Consulting, Lilburn Corporation, UltraSystems Environmental, T&B Planning, Willdan Engineering and Infrastructure Engineering Corporation. Once the contracts are executed and all necessary paperwork submitted, the additional consultants will be added to the “on-call” list and can be contacted as needed and selected for a project based on project need and consultant’s availability. The consultant’s work under each individual contract will have to be authorized by the City. Consultants selected are not guaranteed work but are available if/as needed for work up to the contracted amount over the course of the contract term. The contract term for these seven additional consultant firms is aligned with the initial 11 selected consultant firms, expiring in February 2024, with the option of two one-year extensions. FISCAL IMPACT: CEQA services for private development projects are funded by the project applicant. For public projects, funding for CEQA services would be appropriated as part of an approved project budget. COUNCIL MISSION/VISION/GOAL(S) ADDRESSED: This item contributes towards the City Council’s vision of “building on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive” by ensuring that planning and development services and processes are provided in a responsive and efficient manner. ATTACHMENTS: None. Page 35 DATE:November 2, 2022 TO:Mayor and Members of the City Council President and Members of the Board of Directors FROM:John R. Gillison, City Manager INITIATED BY:William Wittkopf, Public Works Services Director Mike McCliman, Fire Chief Jeff Benson, Parks and Landscape Maintenance Superintendent Ruth Cain, CPPB, Procurement Manager SUBJECT:Consideration to Award a Contract to DUDEK for the Preparation of an Urban Forest Management Plan in an Amount Not to Exceed $250,000. (CITY/FIRE) RECOMMENDATION: Staff recommends that the City Council/Board of Directors of the Fire Protection District accept the proposals received, award and authorize the execution of a contract in the amount not to exceed $250,000 for the preparation of an Urban Forest Management Plan to DUDEK of Pasadena, to be funded from various City and Special District accounts. BACKGROUND: The City is responsible for overseeing the care and maintenance of approximately 77,000 trees within its borders. To address the magnitude of all that is involved in managing the urban forest presently and in the future, staff determined there is a need for a comprehensive Urban Forest Management Plan (UFMP). This plan represents a cross-departmental initiative that will build on planning efforts such as the General Plan, the Etiwanda Heights Neighborhood and Conservation Plan, and the Climate Action Plan. City staff will work closely with the consultant to prepare the UFMP which will analyze and provide recommendations for items such as: tree ordinances, the city’s tree inventory, a tree canopy analysis, identification of the current health of the urban forest, and location specific species goals for existing and future development. The UFMP will assist City staff with incorporating urban forest management best practices, including setting greenhouse gas (GHG) emission reduction goals, wildfire prevention, long-term City tree canopy cover goals, and establish maintenance practices for commercial trees. The canopy analysis will also identify opportunities for urban forest expansion for both public and private trees. This document will further identify reforestation solutions to address replacing trees that are reaching the end of their life span. The UFMP will be led by a science-based, community-driven process. The consultant and City staff will facilitate community engagement activities such as surveys, workshops, an urban forest summit, and develop social media posts to solicit advice and feedback on UFMP development and implementation. Presentations to the Planning Commission and City Council will occur to provide updates and progress of the plan. The final and adopted UFMP will provide staff with a long-term Page 36 Page 2 1 5 2 6 plan to mitigate future state mandates, drought, urban heat effects, and wildfires, while creating a roadmap for the City’s urban forest over the next 50 years. Having this plan in place will create opportunities for the City to pursue grant opportunities related to climate action initiatives. The Procurement Division prepared and posted RFP #21/22-011 for preparation of an Urban Forest Management Plan. There were seven hundred fifty-three (753) notified vendors; thirty-two (32) prospective bidders downloaded or viewed the bid package, and three (3) responses were received. ANALYSIS: An Evaluation Committee consisting of City staff from departments that will benefit from the UFMP conducted a thorough analysis of the RFP responses and scored and ranked the proposals in accordance with the RFP evaluation criteria. The top two (2) highest ranked vendors were invited to be interviewed and provided an opportunity to present additional information to enhance their proposal submittals. Vendors were evaluated and rated based on their presentation and responses to pre-determined questions from the Evaluation Committee. DUDEK was the highest ranking and was determined to be the most responsive vendor providing the best value while meeting the scope of services listed in the RFP. Therefore, staff recommends City Council award a contract to DUDEK of Pasadena, California, effective November 2, 2022, in an amount not to exceed $250,000. DUDEK will have 15 months to complete and deliver the UFMP along with assisting staff with modifications to the municipal code as required. A copy of the contract is on file in the City Clerk’s Office. FISCAL IMPACT: The Fiscal Year 2022/23 adopted budget for this project is $250,000 to be funded from various City and Special District accounts. The completion of the Urban Forest Management Plan will enable City staff to prepare future budgets based on the findings and recommendations made within the plan. The chart below has been prepared to illustrate the funding break down from the various Fire District, City, and Special District accounts considering the number of trees in each Special District. Funding Breakdown Org Key Object Location Tree Count Percentage Amount 1001319 5310 GF 21,142 27.46%$ 41,180 1016301 5310 Econ/Com Dev.$ 50,000 1130303 5310 LMD 1 12,928 16.78%$ 25,180 1131303 5310 LMD 2 16,164 20.99%$ 31,490 1133303 5310 LMD 3B 1,587 2.06%$ 3,090 1133320 5310 Metrolink 372 0.48%$ 720 1134303 5310 LMD 4 4,931 6.40%$ 9,610 1136303 5310 LMD 6 3,867 5.02%$ 7,530 1137303 5310 LMD 7 7,608 9.88%$ 14,820 Page 37 Page 3 1 5 2 6 1138303 5310 LMD 8 637 0.83%$ 1,240 1139303 5310 LMD 9 3,317 4.31%$ 6,460 1140303 5310 LMD 10 2,105 2.73%$ 4,100 1848303 5310 Heritage 523 0.68%$ 1,020 1848303 5310 Red Hill 542 0.70%$ 1,060 1868203 5310 CFD 200-03 268 0.35%$ 520 1700312 5310 Sports Complex 1,017 1.32%$ 1,980 3288501 5310 Fire District $ 50,000 Grand Total 77,005 100.00%$ 250,000 COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This item addresses the City Council’s Core Values of providing and nurturing a high quality of life for all while promoting and enhancing a safe and healthy community through an Urban Forrest Management Plan. ATTACHMENTS: None. Page 38 DATE:November 2, 2022 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Shelly Munson, Director of Innovation and Technology Tanya Trieu-Bui, Management Analyst SUBJECT:Consideration of an Appropriation in the Amount of $360,033 for the Contract to ConvergeOne, Inc. for Replacement of Library Network Equipment Under the USAC E-Rate Program. (CITY) RECOMMENDATION: Staff recommends the City Council approve an appropriation in the total amount of $360,033 for the contract that was awarded in April 2022 to ConvergeOne under the USAC E-Rate program. This funding includes E-Rate reimbursement in the amount of $194,049 for one-time eligible charges for the replacement of network equipment serving public patrons of the City’s library system. The contract with ConvergeOne was awarded and approved by City Council in April 2022, however funds were not appropriated in FY 21/22 due to the delayed approval process for the USAC E-Rate. BACKGROUND: In 2016, City Council approved the procurement and installation of upgraded network equipment at both the Archibald and Biane Public Libraries to provide wireless public internet access utilizing the Universal Service Administrative Company (USAC) E-Rate program. The E-Rate program provides discounted pricing and partial cost reimbursement to support public internet access in K- 12 schools, colleges and universities, and public libraries. The E-Rate program also provides federal funding to offset the cost of public internet projects based on a combination of factors including school district demographic data and square footage calculations of library buildings. This funding can be received either as a reimbursement or as a direct subsidy of the initial equipment purchase. The 2016 project provided high-speed wireless internet access to both City libraries with up to 10 Gbps service, allowing for patrons to bring personal electronic devices or use the library’s laptops at no cost. Rancho Cucamonga’s libraries have historically served as centerpieces for learning and exploration, providing access to media in a variety of forms at no cost to patrons. The past few years have highlighted the importance of providing high-speed internet access to underserved and low-income communities in a safe and welcoming environment. Having reliable wireless internet at both libraries has become a valued expectation of the community and a lifeline to access online services for a significant number of constituents. ANALYSIS: Much of the network equipment purchased in 2016 is near the end of its service life and requires replacement to ensure serviceability and support. Utilizing a trusted consulting firm, staff conducted a procurement solicitation under the E-Rate program to receive quotes for equipment Page 39 Page 2 1 5 3 8 and services. The most competitive fully responsive bid was submitted by ConvergeOne, Inc. in the amount of $360,033. Of this amount, the USAC E-Rate program will reimburse $194,049, resulting in a net cost to the Library in the amount of $165,984. There were a total of 3 responses to the E-Rate solicitation, with ConvergeOne, Inc. providing the only fully responsive bid based on the equipment specified. Pricing from ConvergeOne reflected the applied discount of 80% from manufacturer suggested retail pricing for all equipment that qualified under the E-Rate program. This contract with ConvergeOne was awarded and approved by the City Council in April 2022 but funds were not appropriated in FY 21/22 because the USAC E-Rate reimbursement was not confirmed until FY 22/23. All related documents are on file with the City Clerk’s Office and DoIT. FISCAL IMPACT: Costs for this project were not included in the FY 2022/23 budget. Staff recommends funding the project from the Library Capital Fund. The following additional appropriations are being requested: 1329601-5605/0-3786 (Capital Outlay, Computer Equipment): $194,050 1329601-5605 (Capital Outlay, Computer Equipment): $73,090 1329601-5300 (Contract Services): $92,900 1329000-4745/0-3786 (Other Intergovernmental Reimbursement): $194,050 COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This project supports Council’s Core Values to provide a nurturing and high-quality life for all by providing equitable access to high-speed internet for all residents at no cost, and intentionally embraces the future by investing in critical infrastructure ahead of service interruptions. ATTACHMENTS: None. Page 40 DATE:November 2, 2022 TO:President and Members of the Board of Directors FROM:John R. Gillison, City Manager INITIATED BY:Mike McCliman, Fire Chief Ty Harris, Deputy Fire Chief Darci Vogel, Fire Business Manager SUBJECT:Consideration of an Increase to AMG & Associates, Inc. Contract No. FD 2021-011 in the Amount of $278,000 and Authorization of an Appropriation in the Amount of $278,000 for the Fire Station 178 Project. (FIRE) RECOMMENDATION: Staff recommends that the Fire Board: 1. Approve an increase to AMG & Associates, Inc. contract No. FD 2021-011 for $278,000 for the Fire Station 178 Project; and 2. Authorize the appropriation of $278,000 to the Fire Capital Fund (Fund 288) to cover additional project costs. BACKGROUND: On February 17, 2016, the Fire Board approved the purchase of 3.8 acres of property located at the corner of Town Center Drive and Terra Vista Parkway for future Fire Station 178. This property is centrally located in an area of the City planned for high-density residential and large- scale office building developments. This strategic location will help maximize existing resources to better serve the central community while providing for systemwide draw-down and corresponding demands for service. On August 5, 2020, the Fire Board approved a contract amendment with Mary McGrath Architects for Conceptual Design Build services of the new Fire Station 178. The conceptual design for the station is a 12,176 square foot, two-story fire station that will house three (3) on-duty firefighters 24 hours per day. The station is designed to accommodate up to seven (7) on-duty personnel in order to address potential future changes in response and staffing needs. On September 1, 2021, the Fire Board awarded contract FD 2021-011 to AMG & Associates, Inc. for design-build of Fire Station 178, to include both Additive Alternate No. 1 (Records Storage Building) and No. 2 (Solar/Battery Storage System). The total contract awarded was $16,389,052 (including an allowance of $630,348 for design-build and additive alternates) and an additional project contingency of $945,522 (totaling 10% for allowances and contingency). Construction of Fire Station 178 utilizes the design-build process, the first time for both the City and the District. This progressive process involves a general contractor and licensed architect partnering to form a design-build team and then working collaboratively under a single contract to provide design Page 41 Page 2 1 5 1 2 and construction services. This process allows for a unified flow of work, greater flexibility in awarding a contract, higher quality work, and greater cost certainty with fewer change orders and delays. During a study session on September 1, 2021, the Fire Board also considered options for construction of a 9/11 Memorial using steel remnants obtained from the South Tower of the World Trade Center. During the study session, the Fire Board directed staff to move forward with incorporating the 9/11 Memorial at the Fire Station 178 site. In doing so, the 9/11 Memorial will also serve as the public art for the facility. On October 20, 2021, Mary McGrath Architects’ contract for Conceptual Design Build services of Fire Station 178 was amended to include the design and layout of the 9/11 Memorial, as well as creation of the Basis of Design documents and coordination with the Design-Build contractor’s team. As with the Fire Station, the conceptual design build phase of the 9/11 Memorial has been a Team RC project with input from the City Manager's Office, Planning, Public Works, Community Services, and the Fire District. Utilizing this feedback, Mary McGrath Architects created a design that is centered around three artifacts from September 11th: steel from the World Trade Center, pieces of the plane from Flight 93, and a piece of the Pentagon. The artifacts have been linked together with a canopied walking path, and a central canopied gathering space occupying the space in between. Along the paths, in the space between the artifacts, are two monuments to commemorate the City of Rancho Cucamonga’s Gold Star Service Members who have lost their lives since September 11th. Additional elements include a planter with three flagpoles, a granite pedestal with an eternal flame, benches for reflection, garden areas, and gathering spaces. ANALYSIS: The Basis of Design documents were prepared at a concept level of design and included written performance requirements. The intent of these documents was to allow AMG & Associates’ team to provide a high‐level order of magnitude cost proposal for the park addition and ultimately, complete the construction documents and construct the 9/11 Memorial. The Basis of Design documents were provided to AMG & Associates’ team in May 2022 for review and pricing. However, due to the intricacies of the project and the various elements included in the design, pricing was difficult to determine due to the design having only been prepared at the concept level. The initial pricing was received in July 2022; however, construction numbers came in higher than expected due to rising construction costs and a number of unknowns with the project. District staff worked with AMG & Associates and Mary McGrath Architects to identify options for value engineering in order to reduce costs. Ultimately, it was determined that the best way to get accurate, competitive pricing for the project was to move forward with schematic design, design development, and completion of construction documents. Staff recommends approving a change order with AMG & Associates, Inc. in the amount of $278,000 for the 9/11 Memorial at Fire Station 178. The change order includes the Schematic Design, Design Development, Construction Documentation, and Pre-Construction Services costs for the 9/11 Memorial. Once design is complete and pricing is received, the Fire Board will be able to determine if and when to proceed with the next phase of the 9/11 Memorial. FISCAL IMPACT: The total cost of the contract amendment is $278,000. An appropriation of $288,000 in the Fire District’s Capital Fund (3288501-5650 / 1645288-6318) is needed for the amendment. Page 42 Page 3 1 5 1 2 COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: The construction of the Fire Station 178 will promote a safe and healthy community for all by enhancing the delivery of vital life safety services and ensuring efficient response times to residents, visitors, and businesses. The inclusion of the 9/11 Memorial will continue to build and preserve a family-oriented atmosphere by providing the community a space for reflection and remembrance. ATTACHMENTS: None Page 43 DATE:November 2, 2022 TO:Mayor and Members of the City Council President and Members of the Boards of Directors FROM:John R. Gillison, City Manager INITIATED BY:William Wittkopf, Public Works Services Director Mike McCliman, Fire Chief Neil Plummer, Facilities Superintendent Andrea Bauer, Management Analyst I SUBJECT:Consideration of Amendment No. 3 to Contract No. 2020-107 with Champion Fire Systems for Fire Suppression System Maintenance and an Increase to the Contract Spending Limit for Fiscal Year 2022/2023. (CITY/FIRE) RECOMMENDATION: Staff recommends the City Council and Board of Directors: 1. Approve Amendment No. 3 to Contract CO 2020-107 with Champion Fire Systems for fire suppression system maintenance. 2. Increase the contract amount spending limit $37,730 to a total of $82,730 during FY 2022/2023 for City facilities. 3. Increase the contract spending limit $16,150 to a total of $36,150 during FY 2022/2023 for Fire District facilities. BACKGROUND: On October 7, 2020, the City Council and Board of Directors accepted the bids received for fire suppression system maintenance including testing, repair, and preventative maintenance for water-based systems, fire extinguishers, fire/smoke doors, kitchen hood systems, fire hose, and clean agent suppression systems. The City Council and Board of Directors awarded the fire suppression system maintenance Contract CO 2020-107 to Champion Fire Systems, of Rancho Cucamonga, in accordance with Request for Proposal RFP 20/21-003. Staff has been satisfied with Champion Fire Systems and has since renewed their contract for the 2021/2022 Fiscal Year and the 2022/2023 Fiscal Year and plans to continue with their services throughout the remainder of their contract. The contract is currently working under Amendment No. 2 with a not to exceed amount of $45,000 for City facilities and $20,000 for Fire District facilities during the 2022/2023 Fiscal Year. ANALYSIS: The contract amount covers routine maintenance and extra work. However, additional work is required more than what was originally anticipated. After a recent thorough inspection, it was discovered that repairs are needed at City Hall, Animal Center, Lions West, Public Works Service Center (PWSC), PWSC Warehouse, City Fleet Shop, Archibald Library, Victoria Gardens Cultural Page 44 Page 2 1 5 2 4 Center, RC Sports Center, LoanMart Stadium, Fire Fleet Shop, Fire Station 176, Fire Station 175, and the Public Safety Facility. These repairs consist of minor repairs including missing escutcheons, signage replacement, gauge calibration, and major repairs including fire sprinkler relocation, fire sprinkler head replacement, and fire suppression system leaks. The estimated cost of these repairs is $30,980 for City facilities and $13,150 for Fire District facilities. For staff to account for the aforementioned repairs in addition to future repairs that may be needed, staff recommends the City Council and Board of Directors approve Amendment No. 3, increasing the contract spending limit to an amount not to exceed $82,730 for City facilities and $36,150 for Fire District facilities during FY 2022/2023. Amendment on file with the City Clerk’s office. FISCAL IMPACT: The fire suppression repairs at the various City and Fire District facilities are within the Fiscal Year 2022/2023 adopted budget in accounts 1001312-5304 (City Facilities Maintenance), 1700312- 5304 (Sports Complex Maintenance), and 3281529-5304 (Fire Facilities Maintenance). COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item addresses the City Council’s core value of promoting and enhancing a safe and healthy community for all. ATTACHMENTS: None. Page 45 DATE:November 2, 2022 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Shane Adams, Fire Prevention Supervisor SUBJECT:Consideration to Accept as Complete, File a Notice of Completion, and Authorize Release of Retention and Bonds for the Civic Center COVID- 19 and ADA Improvements Project (CO# 2021-103). (CITY) RECOMMENDATION: Staff recommends that the City Council of the City of Rancho Cucamonga: 1. Accept the Civic Center COVID-19 and ADA Improvements Project, Contract No. CO 2021-103, as complete; 2. Approve the final contract amount of $860,287.05; 3. Authorize the release of the Faithful Performance Bond 35 days after recordation of Notice of Completion and accept a Maintenance Guarantee Bond; 4. Authorize the release of the Labor and Materials Bond in the amount of $753,620, six months after the recordation of said notice if no claims have been received; 5. Authorize the City Manager, or his designee, to file a Notice of Completion and release of the project retention in the amount of $43,014.35, 35 days after recordation of Notice of Completion; and 6. Authorize the City Manager, or his designee, to approve the release of the Maintenance Bond one year following the filing of the Notice of Completion if the improvements remain free from defects in material and workmanship. BACKGROUND: On August 4, 2021, the City Council awarded a construction contract to Golden Gate Construction, Inc. in the amount $753,620 for the Civic Center COVID-19 and ADA Improvements Project FY 21-22. Additionally, the City Council authorized a 20% contingency in the amount of $150,724 to address unforeseen construction related incidentals. The scope of work performed consisted of reconfiguring several departments, including carpet and ceiling replacement, in the upper level of City Hall, the remodeling of the Community Services Department breakroom, the expansion of two (2) offices in the Finance Department and the replacement of carpeting in two stairways, plus other related work. Page 46 Page 2 1 5 3 4 Pertinent information of the project is as follows: Budgeted Amount:$1,259,600 Publish Dates for Local Paper:June 15, 2021 and June 22, 2021 Bid Opening:July 20, 2021 Contract Award Date:August 4, 2021 Low Bidder:Golden Gate Construction, Inc. Contract Amount:$753,620.00 Contingency:$150,724.00 Final Contract Amount:$860,287.05 Difference in Contract Amount:$106,667.05 (14.2 %) ANALYSIS: The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Manager. The final cost of the construction contract is $860,287.05, a net increase of $106,667.05 resulting from twenty-three (23) Contract Change Orders, as summarized below: • Deductive Contract Change Orders: During the course of the project, several adjustments to the project scope required less work to be performed by the contractor than originally intended. This work included the elimination of a partition wall and door, as well as demolition of an existing wall. A decrease of $1,473 is a result of two (2) Contract Change Orders. • Additive Contract Change Orders: Several adjustments to the project scope required additional work to be performed or materials to be provided by the contractor. This work included demolition and replacement of cabinetry and hardware, changes in flooring materials and paint, additional doors and hardware, HVAC improvements, and other associated improvements. An increase of $108,140.05 is a result of twenty-one (21) Contract Change Orders. At the end of the one-year maintenance period, if the improvements remain free from defects in materials and workmanship, the City Clerk is authorized to release the Maintenance Bond upon approval of the City Manager. FISCAL IMPACT: The final contract amount for Golden Gate Construction, Inc., Contract No. CO 2021-103, is $860,287.05. Sufficient funds are available in the Capital Reserve (1025001-5602) and Federal Grants Fund (1275208-5602 / 2085275-0) for the final project cost. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This project addresses the City Council Core Values of promoting and enhancing a safe and health community for all and intentionally embracing and anticipating the future. This is accomplished by ensuring City staff have a safe environment where they can collaborate with peers, while limiting the spread of communicable diseases. The project also increases accessibility to workspaces and other areas of the Civic Center to meet the City’s American with Disability Act Transition Plan. ATTACHMENTS: None. Page 47 DATE:November 2, 2022 TO:President and Members of the Board of Directors FROM:John R. Gillison, City Manager INITIATED BY:Mike McCliman, Fire Chief Noah Daniels, Finance Director Darci Vogel, Fire Business Manager Kelly Guerra, Special Districts Analyst SUBJECT:Adoption of a Resolution Declaring Results of a Special Election in Community Facilities District No. 85-1, Annexation No. 22-3, and Ordering the Annexation of Such Property Located at 13120 Napa Street and 13160 Napa Street in Community Facilities District No. 85-1. (RESOLUTION NO. FD 2022-033) (FIRE) RECOMMENDATION: Staff recommends that the Fire Board approve a resolution declaring results of a special election in Community Facilities District No. 85-1, Annexation No. 22-3, and ordering the annexation of property located at 13120 Napa Street and 13160 Napa Street (the “Annexation Territory”) to Community Facilities District No. 85-1. BACKGROUND: Speedway Commerce Center Development, LLC, owner of certain property (APN 0229-291-54 and 0229-291-46) located within the Fire Protection District (the "Territory"), is conditioned by the City and Fire Protection District to annex such property into the existing Community Facilities District (CFD) No. 85-1 to satisfy fire protection service mitigation impacts. On September 6, 2022, the Board declared its intention to annex APN 0229-291-54 and 0229- 291-46 into CFD No. 85-1. On October 19, 2022, a public hearing was held regarding the annexation and following such hearing, the Board of Directors adopted a resolution calling for a special election to submit the qualified electors of the Annexation Territory a ballot measure pertaining to the authorization to levy a special tax within the Annexation Territory. A special election was scheduled October 19, 2022. ANALYSIS: On October 19, 2022, the landowner submitted their ballot to the Board Secretary. The Board Secretary has canvassed the ballot and completed the statement of votes cast (see Exhibit "A" of Resolution). The Landowner cast their vote unanimously in favor of the levy of the special tax in the Annexation Territory. Adoption of this resolution constitutes the formal action of the Board declaring the results of the election and the annexation of the Annexation Territory to Community Facilities District No. 85-1 and directs the recordation of an amendment to the existing Notice of Special Tax Lien. By recordation of this amendment, prospective purchasers of property within the Annexation Territory will have notice of the special tax obligation affecting such property. Page 48 Page 2 1 5 4 0 FISCAL IMPACT: The special tax revenues that are collected of the CFD No. 85-1 are used to pay for public facilities and services in the District area. Costs related to the administering of the District are the responsibility of the property owners within the District. Annexation of the property located at 13120 and 13160 Napa Street will ensure the property owner covers the cost of increased demand for fire services resulting from new development within the Territory. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item brings together portions of the Council’s vision and core value by providing a sustainable City and promoting a safe and healthy community for all. Annexation of the property into CFD 85-1 ensures the delivery of vital fire and life safety services to all residents while satisfying fire protection service mitigation impacts. ATTACHMENTS: Attachment 1 – Resolution No. FD 2022-033, Election Results Page 49 Resolution No. FD 2022-033 Page 1 of 3 ATTACHMENT 1 RESOLUTION NO. FD 2022-033 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION NO. 22-3 AND ORDERING THE ANNEXATION OF SUCH PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 85-1 WHEREAS, the Board of Directors (the "Board of Directors") of the Rancho Cucamonga Fire Protection District, California, has previously declared its intention and held and conducted proceedings relating to the annexation of territory to an existing Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof. The existing Community Facilities District has been designated as Community Facilities District No. 85-1 (the “District”); and, WHEREAS, the area proposed to be annexed is known and designated as Community Facilities District No. 85-1, Annexation No. 22-3 ("Annexation Territory”), and, WHEREAS, the Board of Directors called for and ordered an election to be held to submit to the qualified voters of the Annexation Territory a proposition to levy a special tax in the Annexation Territory; and, WHEREAS, at this time said election has been held and the measure voted upon did receive the favorable two-thirds (2/3) vote of the qualified voters, and the Board desires to declare the favorable results of the election and to order the annexation of the Annexation Territory to the District. NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: 1. The above recitals are all true and correct. 2. The Board of Directors hereby receives and approves the CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST, as submitted by the Election Official, said Statement setting forth the number of votes cast in the election, the measure voted upon, and the number of votes given for and/or against the measure voted upon. A copy of said Certificate and Statement is attached hereto marked Exhibit "A", referenced and so incorporated. 3. The Secretary is hereby directed to enter in the minutes of this meeting the results of the election and the STATEMENT OF VOTES CAST. 4. The Board of Directors hereby orders the annexation of the Annexation Territory to the District and further determines that the Board is now authorized to levy the special taxes within the Annexation Territory as approved and authorized by the qualified electors of the Annexation Territory. 5. Immediately upon adoption of this Resolution, the AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN (NOTICE OF ANNEXATION) shall be recorded in the Office of the County Recorder. Page 50 Resolution No. FD 2022-033 - Page 2 of 3 ATTACHMENT 1 2 9 8 3PASSED, APPROVED AND ADOPTED this ____ day of _______________, 2022. _____________________________ L. Dennis Michael, President ATTEST: _ Janice C. Reynolds, Clerk I, JANICE C. REYNOLDS , SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a Regular Meeting of said Board held on the 2nd day of November 2022. AYES: NOES: ABSENT: ABSTAINED: Executed this 3rd day of November, 2022, at Rancho Cucamonga, California. _ Janice C. Reynolds, Clerk Page 51 Resolution No. FD 2022-033 - Page 3 of 3 ATTACHMENT 1 2 9 8 3EXHIBIT “A” CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST Page 52 DATE:November 2, 2022 TO:President and Members of the Board of Directors FROM:John R. Gillison, City Manager INITIATED BY:Mike McCliman, Fire Chief Noah Daniels, Finance Director Darci Vogel, Fire Business Manager Kelly Guerra, Special Districts Analyst SUBJECT:Consideration of Adoption of a Resolution Declaring Results of a Special Election in Community Facilities District No. 88-1, Annexation No. 88-22- 1, and Ordering the Annexation of Such Property Located at 4552 Haven Avenue in Community Facilities District No. 88-1. (RESOLUTION NO. FD 2022-034) (FIRE) RECOMMENDATION: Staff recommends that the Fire Board approve a resolution declaring results of a special election in Community Facilities District No. 88-1, Annexation No. 88-22-1, and ordering the annexation of property located at 4552 Haven Avenue (the “Annexation Territory”) to Community Facilities District No. 88-1. BACKGROUND: Christopher Overton, owner of certain property (APN 0201-043-56) located within the Fire Protection District (the "Territory"), is conditioned by the Fire Protection District to annex such property into the existing Community Facilities District (CFD) No. 88-1 to satisfy fire protection service mitigation impacts. The property is located within the Fire Protection District, however outside of the City of Rancho Cucamonga’s incorporated limits On September 6, 2022, the Board declared its intention to annex APN 0201-043-56 into CFD No. 88-1. On October 19, 2022, a public hearing was held regarding the annexation and following such hearing, the Board of Directors adopted a resolution calling for a special election to submit the qualified electors of the Annexation Territory a ballot measure pertaining to the authorization to levy a special tax within the Annexation Territory. A special election was scheduled October 19, 2022. ANALYSIS: On October 19, 2022, the landowner submitted their ballot to the Board Secretary. The Board Secretary has canvassed the ballot and completed the statement of votes cast (see Exhibit "A" of Resolution). The Landowner cast their vote unanimously in favor of the levy of the special tax in the Annexation Territory. Adoption of this resolution constitutes the formal action of the Board declaring the results of the election and the annexation of the Annexation Territory to Community Facilities District No. 88-1 and directs the recordation of an amendment to the existing Notice of Special Tax Lien. By recordation of this amendment, prospective purchasers of property within the Annexation Territory will have notice of the special tax obligation affecting such property. Page 53 Page 2 1 5 4 1 FISCAL IMPACT: The special tax revenues that are collected of the CFD No. 88-1 are used to pay for public facilities and services in the District area. Costs related to the administering of the District are the responsibility of the property owners within the District. Annexation of the property located at 4552 Haven Avenue will ensure the property owner covers the cost of increased demand for fire services resulting from new development within the Territory. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item brings together portions of the Council’s vision and core value by providing a sustainable City and promoting a safe and healthy community for all. Annexation of the property into CFD 88-1 ensures the delivery of vital fire and life safety services to all residents while satisfying fire protection service mitigation impacts. ATTACHMENTS: Attachment 1 – Resolution No. FD 2022-034, Election Results Page 54 Resolution No. FD 2022-034 - Page 1 of 2 ATTACHMENT 1 RESOLUTION NO. FD 2022-034 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILTIES DISTRICT NO. 88-1, DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 88-1, ANNEXATION NO. 88-22-1 AND ORDERING THE ANNEXATION OF SUCH PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 88-1 WHEREAS, the Board of Directors (the "Board of Directors") of the Rancho Cucamonga Fire Protection District, California, has previously declared its intention and held and conducted proceedings relating to the annexation of territory to an existing Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof. The existing Community Facilities District has been designated as Community Facilities District No. 88-1 (the “District”); and, WHEREAS, the area proposed to be annexed is known and designated as Community Facilities District No. 88-1, Annexation No. 88-22-1 ("Annexation Territory”), and, WHEREAS, the Board of Directors called for and ordered an election to be held to submit to the qualified voters of the Annexation Territory a proposition to levy a special tax in the Annexation Territory; and, WHEREAS, at this time said election has been held and the measure voted upon did receive the favorable two-thirds (2/3) vote of the qualified voters, and the Board desires to declare the favorable results of the election and to order the annexation of the Annexation Territory to the District. NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: 1. The above recitals are all true and correct. 2. The Board of Directors hereby receives and approves the CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST, as submitted by the Election Official, said Statement setting forth the number of votes cast in the election, the measure voted upon, and the number of votes given for and/or against the measure voted upon. A copy of said Certificate and Statement is attached hereto marked Exhibit "A", referenced and so incorporated. 3. The Secretary is hereby directed to enter in the minutes of this meeting the results of the election and the STATEMENT OF VOTES CAST. 4. The Board of Directors hereby orders the annexation of the Annexation Territory to the District and further determines that the Board is now authorized to levy the special taxes within the Annexation Territory as approved and authorized by the qualified electors of the Annexation Territory. 5. Immediately upon adoption of this Resolution, the AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN (NOTICE OF ANNEXATION) shall be recorded in the Office of the County Recorder. Page 55 Resolution No. FD 2022-034 - Page 2 of 3 ATTACHMENT 1 2 9 8 2 PASSED, APPROVED AND ADOPTED this ____ day of _______________, 2022. _____________________________ L. Dennis Michael, President ATTEST: _ Janice C. Reynolds, Clerk I, JANICE C. REYNOLDS , SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a Regular Meeting of said Board held on the 2nd day of November 2022. AYES: NOES: ABSENT: ABSTAINED: Executed this 3rd day of November, 2022, at Rancho Cucamonga, California. _ Janice C. Reynolds, Clerk Page 56 Resolution No. FD 2022-034 - Page 3 of 3 ATTACHMENT 1 2 9 8 2 EXHIBIT “A” CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST Page 57 DATE: TO: FROM: INITIATED BY: SUBJECT: November 2, 2022 President and Members of the Board of Directors John R. Gillison, City Manager Mike McCliman, Fire Chief Rob Ball, Fire Marshal Consideration of Resolution No. FD 2022-035, Setting Forth the Findings that Allow the Board of Directors to Make Amendments and Other Changes to the 2022 California Fire Code by Approval of an Ordinance Adopting Said Fire Code. (RESOLUTION NO. FD 2022-035) (FIRE) RECOMMENDATION: Staff recommends that the Board of Directors of the Rancho Cucamonga Fire Protection District adopt Resolution No. FD 2022-035 that makes express findings of fact relevant to the adoption and amendment of the 2022 California Fire Code as required by Health and Safety Code Section 17958.7. These findings of fact, based on local geologic, topographic, and climatic conditions are necessary to provide the legal justification for making local changes and/or amendments to the California Fire Code. BACKGROUND: Health and Safety Code Section 17958 provides that the District shall adopt ordinances and regulations imposing the same, modified, or changed requirements as those that are contained in the regulations adopted by the State of California. Health and Safety Code Section 17958.5(a) permits the District to make changes or modifications to the California Fire Code when such changes are reasonably necessary because of local geologic, topographic, or climatic conditions. Section 17958.7 of the Health and Safety Code requires that the Board, before making any changes or modifications to the California Fire Code, make an express finding that such changes or modifications are reasonably necessary because of local geologic, topographic, or climatic conditions. ANALYSIS: Counsel has advised that the express findings should be adopted in a resolution of the Board that is separate from the ordinance that adopts the Fire Code. However, to comply with the requirements of the Health and Safety Code, both the adopting ordinance and the findings resolution need to be approved and adopted in conjunction with each other. As in years past, District staff has determined that local geologic, topographic, and climatic conditions do exist that make changes and modifications to the California Fire Code reasonably necessary. It is recommended that the Board simply formalize those findings by way of this resolution. FISCAL IMPACT: This resolution performs an administrative function required by State law and does not have a fiscal impact on the Fire District. Page 58 COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: In facilitating the adoption and amendment of the 2022 California Fire Code, this resolution affirms the following stated values of the Fire Board: •Providing and nurturing a high quality of life for all. •Promoting and enhancing a safe and healthy community for all. •Relentless pursuit of improvement. ATTACHMENTS: Attachment 1 - Resolution No. FD 2022-035 Attachment 2 - Findings of Fact Matrix Page 2 Page 59 Resolution No. FD 2022-035 - Page 1 of 4 2 9 6 6 RESOLUTION NO. FD 2022-035 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, SETTING FORTH FINDINGS WITH RESPECT TO LOCAL GEOLOGIC, TOPOGRAPHIC, AND CLIMATIC CONDITIONS WHICH MAKE CHANGES, MODIFICATIONS, AMENDMENTS, ADDITIONS, DELETIONS, AND EXCEPTIONS TO THE CALIFORNIA FIRE CODE REASONABLY NECESSARY WHEREAS, the Rancho Cucamonga Fire Protection District (“District”) is a public agency located in the County of San Bernardino, State of California; and WHEREAS, The Health and Safety Code Section 17958 provides that the District shall adopt ordinances and regulations imposing the same, modified, or changed requirements as are contained in the regulations adopted by the State of California (herein after “State”) pursuant to Health and Safety Code Section 17922; and WHEREAS, The State is mandated by Health and Safety Code Section 17922 to impose the same requirements as are contained in the most recent edition of the California Fire Code; and WHEREAS, Health and Safety Code Section 17958.5(a) permits the District to make changes or modifications to the California Fire Code which are reasonably necessary because of local geologic, topographic, or climatic conditions; and WHEREAS, Health and Safety Code Section 17958.7 requires that the Board, before making any changes or modifications to the California Fire Code, shall make an express finding that such changes or modifications are reasonably necessary due to local geologic, topographic, or climatic conditions; and WHEREAS, The Board has determined that local geologic, topographic, and climatic conditions do exist that make changes and modifications to the California Fire Code reasonably necessary and that those conditions are: 1. Geologic a. The District has within its boundaries active seismic hazards along five known earthquake faults. Seismic activity events within the District occur throughout the year and a fire potential exists with these events. Existing structures and planned new development are at serious risk from an earthquake. This risk includes fire, collapse, and the disruption of utility services, including water main breaks and lost or diminished water supply for firefighting purposes along with the loss of natural gas and electricity services that supply power to essential systems. Areas can become isolated and/or be subject to delayed responses as a result of bridge, overpass, and road damage and debris. b. Due to its location along the foothills of the San Gabriel Mountains, the District is subjected to flooding, flash flooding, and rapid runoff conditions during rain episodes. Some of the major arterial streets in the District are designed to function as part of the flood control system and are at times impassable as a result of high, swift-moving running water. Other streets are often damaged and/or clogged with debris during flooding episodes creating delayed responses by emergency apparatus. Roads are often washed out or obstructed by landslides, especially in the Wildland-Urban Interface Fire Area. c. The District’s jurisdiction includes a significant amount of designated Wildland-Urban Interface Fire Area comprised of both State and Local Responsibility Areas. The native vegetation in ATTACHMENT 1 Page 60 Resolution No. FD 2022-035 - Page 2 of 4 2 9 6 6 these areas of the south aspect of the San Gabriel Mountains is capable of and has in the past produced wildfire conflagrations that threaten large numbers of homes and businesses and have in the past destroyed homes and other buildings. Wildfires threaten the continuity of electricity services since calculated flame lengths are capable of damaging above ground transmission lines that are installed across the Wildland-Urban Interface Fire Area. Loss of electricity can affect public and private water supply systems if pumps do not have the power necessary to maintain minimum pressures in the systems. Loss of electricity can also affect the ability of essential systems to operate as designed. Evacuations cause streets to reach capacity, which slows response times. 2. Topographic a. The District is situated on the alluvial fan of the San Gabriel Mountains, an inclined plane that increases from approximately 1,200 feet in elevation on the south side of the District to approximately 3,000 feet in elevation on the north side of the District. This elevation change occurs across approximately seven miles creating several roads with steep slopes that slow fire apparatus and produce extended response times. Some slopes within the District exceed 30%. The slopes, with a south facing aspect and native vegetation consisting chaparral and various types of sage scrub, contribute to fast moving wildfires with extreme flame lengths, especially during Santa Ana wind events. b. The District contains two freeways and several main arterial streets that connect several of the foothill cities. Traffic conditions on any given day, absent geological or climatological complications, are sufficient to cause delayed responses by fire apparatus. The District also has several at-grade railroad crossings that are used daily by commuter and freight trains. Train traffic across these grades causes extended response times or the need to dispatch additional units that can respond from the opposite of the train crossing. c. The elevation change within the District and the rapid rise of the San Gabriel Mountains adjacent to the District are topographical conditions that naturally create flooding throughout the District and region. A comprehensive flood management system has been constructed but flooding, including flash flooding, still occurs during significant rainfall and snow melt conditions. Flooding can damage the electrical distribution system and leave roads heavily damaged or impassable. The flood management system in the District relies on many mid- block and intersection at-grade drainage channels that create dips in roads that require fire apparatus to slow their response in order to prevent damage to the vehicles. Other rises and troughs designed to direct and carry flood waters during rain episodes that are built into major arterial streets create elevation changes dramatic enough to produce fire apparatus damage if they are not traversed at significantly reduced speeds. Reduced speeds along these main thoroughfares create extended response times. 3. Climatic a. The District is bounded on the east and the west by canyons that channel seasonal high- pressure air masses from the desert to the ocean creating Santa Ana winds. Santa Ana winds in the District have a history of sustained velocities of 40-60 miles per hour with gusts in excess of 80 miles per hour. The winds create damage that includes downed power lines, downed utility poles, fallen trees, and blowing dust and debris. These hazards create extended response times. The wind can cause damage to the public electric utility resulting in the possibility of fire alarms, fire pumps, other fire and life safety protection equipment, and traffic signals being rendered ineffective or completely out of service. b. The summer and early fall months often see periods of high temperatures and low humidity that quickly dry out the native chaparral and other foothill vegetation as well as the historic windrows planted when the area was a mostly agricultural area. The combination of high temperatures, low humidity, and Santa Ana winds create critical fire weather conditions Page 61 Resolution No. FD 2022-035 - Page 3 of 4 2 9 6 6 capable of producing catastrophic wildland fires and wildland-urban interface conflagrations. The District has experienced a number large area wildland during the course of its existence. Such fires quickly deplete the District’s resources and the resources of neighboring jurisdictions as these fire events are generally large regional events that span several cities and many miles. Critical fire weather conditions can result in a public safety power shutoff (PSPS). Actual wildfire events can result in evacuations that fill streets to capacity, which delays emergency response. c. The rapid rise of the San Gabriel Mountains has the potential to and historically has generated thunderstorm and significant rainfall events that quickly result in both localized and regional flooding, including flash flooding. Flooding has resulted in roads and bridges being washed out or otherwise made impassable. Flooding has been substantial enough to result in major debris flows that include whole trees and boulders which block entire streets and knock down poles and towers that support power lines. These conditions cause damage to utility systems and can significantly impede or delay emergency response. NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT HEREBY FINDS AND RESOLVES AS FOLLOWS: 1. The facts set forth in this Resolution are true and correct. 2. Changes, modifications, amendments, additions, deletions, and exceptions to the California Fire Code are reasonably necessary in the District. 3. The reasonably necessary changes, modifications, amendments, additions, deletions, and exceptions to specific sections of the California Fire Code are listed along with the applicable findings in a matrix appended to this resolution, marked as Exhibit A, and incorporated by reference herein. 4. The aforementioned changes, modifications, amendments, additions, deletions, and exceptions have been incorporated in detail in Ordinance FD 58. 5. Copies of this Resolution and Ordinance FD 58 shall be filed with the California Building Standards Commission as required by Health and Safety Code Section 17958.7. Page 62 Resolution No. FD 2022-035 - Page 4 of 4 2 9 6 6 PASSED, APPROVED, AND ADOPTED this 2nd day of November 2022. ____________________________________ L. Dennis Michael, President I, Janice C. Reynolds, Secretary to the Board of Directors, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the Board of Directors, at a Regular Meeting of said Board held on the 2nd day of November 2022. Executed this _____ day of _________ , 2022, at Rancho Cucamonga, California. _______________________________________ Janice C. Reynolds, Secretary Page 63 Exhibit A of Resolution FD2022-035 Rancho Cucamonga Fire Protection District Findings of Fact Matrix for 2022 Fire Code Adoption Chapter Applicable Finding(s)Note 2 Not a construction provision; finding not required Adds a reference to Standard 2-1 which is where any necessary or modified definitions will be listed. 80 1a, 1b, 1c, 2a, 2b, 2c, 3a, 3b, 3c Adds Fire District Standards to the list of referenced standards. Some of the Fire District standards contain construction provisions as noted below. Section Applicable Finding(s)Note 101 Not a construction provision; finding not required Supplies the required title of the code. 102 Not a construction provision; finding not required Section 102.13 added in order for the ordinance to be certified by Cal Fire as applicable in the State Responsibility Areas of the Fire District. 103 Not a construction provision; finding not required Some provisions conflict with District organizational structure; necessary provisions added to Sec. 104. 104 Not a construction provision; finding not required Provides clarifying language and provides additional powers and authorities to the Fire District. 105 Not a construction provision; finding not required Provides clarity and provisions for non-payment. Also references Standards 1-1 and 1-2 which establish required permits replacing the corresponding lists in the California Fire Code. 106 Not a construction provision; finding not required Adds Fire District policies and procedures. 107 Not a construction provision; finding not required Adds Fire District policies and procedures. 111 Not a construction provision; finding not required Deletes model code language for appeals and establishes Fire District Standard 1-3 for appeals. 112 Not a construction provision; finding not required Provides clarifying language and provides additional authority and policies. 113 Not a construction provision; finding not required Provides clarifying language, deletes model code language, and establihes Fire District Standard 1-4 for stop work orders. 114 Not a construction provision; finding not required Provides clarifying language, deletes model code language, and establihes Fire District Standard 1-4 for unsafe structures, equipment, and operarions. 115 Not a construction provision; finding not required Authorizes the chief to restrict access to private and public lands. Provides polices and establishes penalties. 301 Not a construction provision; finding not required Replaces permit requirements with standardized language used throughout the ordinance. 304 Not a construction provision; finding not required Adds additional detail regarding vegetation. 305 Not a construction provision; finding not required Adds a provision for the health and safety of people. 307 Not a construction provision; finding not required Replaces model code requirements with Fire District Standard 3-1. 308 Not a construction provision; finding not required Replaces model code requirements with Fire Distrcit Standard 3-2. 309 Not a construction provision; finding not required Adds additional regulated equipment and standardizes permit language. 310 Not a construction provision; finding not required Adds a reference to the Municipal Code. 314 Not a construction provision; finding not required Adds a reference to Appendix N and Standard 4-2. Standardizes permit language and adds some safety provisions. Attachment 2 Page 64 Exhibit A of Resolution FD2022-035 Section Applicable Finding(s)Note 315 Not a construction provision; finding not required Adds clarifying language. Adds a provision for the storage of pallets indoors. Adds a reference to Standard 3-3 which deals with the storage of commodities that expand with the absorption of water, a topic on which the code is silent. 316 Not a construction provision; finding not required Provides for additional safe uses and operations within power line easements and rights of way. 317 State construction codes not amended; finding not required Adds provisions for occupied roof to the section. Adds a reference to Fire District Standard 3-6 which includes safety, construction, and installation requirements not included in the codes. 324 Not a construction provision; finding not required Creates a reference to Standard 3-4 which brings all provisions of the code regarding waste handling and recycling facilities into a single reference document. 325 Not a construction provision; finding not required Establishes weed and fire hazard abatement authority. 401 Not a construction provision; finding not required Adds a section that creates a reference to Standards 4- 1, 4-1, 4-3, 4-4, and Appendix N for indoor and outdoor special events. 402 Not a construction provision; finding not required Adds a reference to Standard 2-1 which is where any necessary or modified definitions will be listed. 403 Not a construction provision; finding not required Adds several safety provisions and requirements. 404 Not a construction provision; finding not required Broadens the scope of safety plans by not limiting them to fire safety plans. 503 1a, 1b, 2a, 3a, 3c Makes permanent certain discretionary changes to the design of fire apparatus access roads. 504 Not a construction provision; finding not required Adds a roof access requirement that facilitates safe access to and egress from roofs. 505 Not a construction provision; finding not required Adds a reference to Standards 5-7 and 5-8 that have specific requirements for address number dimensions intended to make addresses more visible from extended distances. Also adds a requirement to provide addressing for construction sites. 506 Not a construction provision; finding not required References Standard 5-9 and provides clarifying language. 507 1a, 1c, 3a, 3b Creates a reference to Appendix B and Standard 5-10, both of which provide specific detail with regard to the design, installation, and maintenance of fire protection water supplies. 509 1a, 1b, 2b, 3a, 3c Requires the construction of a room or enclosure with exterior access, similar to a fire command center required by Section 508, for fire sprinkler and fire alarm systems in multi-tenant buildings to ensure timely emergency responder access to system controls. 510 Not a construction provision; finding not required Standardizes permit language. 511 Not a construction provision; finding not required Creates a requirement for site plans and references Standard 5-11. 601 Not a construction provision; finding not required Permit requirements made non-specific to avoid confusion. 606 Not a construction provision; finding not required Changes the section heading to be more descriptive. Brings all provisions regarding commercial cooking operations into a single point of reference within the code. References Standard 6-1. Page 65 Exhibit A of Resolution FD2022-035 Section Applicable Finding(s)Note 608 1a, 1b, 2b, 3a, 3c Requires manually operated control valves to be installed in an easily accessible location to ensure timely emergency responder access to system controls. 610 Not a construction provision; finding not required Adds a requirement for a report on the maintenance of clothes dryer exhaust systems. 807 Not a construction provision; finding not required Creates a reference to Fire District Standard 8-1. Deletes and moves model code language to Fire District Standard 8-1 to provide clarity in context and avoid confusion. 901 Not a construction provision; finding not required Creates a reference to Standard 9-1 for partial systems. Creates a references to Standard 9-2 to authorize the use of a fire watch for systems out of service. Enhances the scope of removing and tampering with equipment. 903 1a, 1b, 1c, 2a, 2b, 2c, 3a, 3b, 3c Adds references to various Standards. Adjusts the square footage and other requirements for fire sprinkler systems. 904 1a, 1b, 2a, 2b, 3a, 3c References Standards and other source material needed to ensure correct installation. Adds a requirement for alternative automatic fire-extinguishing systems to be monitored by fire sprinkler monitoring systems. 905 1a, 2a, 2b, 2c, 3a, 3c Adds a reference to Standard 5-10 which has specific design and installation requirements for standpipe systems to ensure ready access to and timely use of standpipes. 906 Not a construction provision; finding not required Adds a clarifying condition that requires fire extinguishers at various events. Provides an option and criteria to reduce the number of extingusihers in warehouse storage areas. 907 1a, 1b, 2a, 2b, 2c, 3a, 3b, 3c Allows for alarm signal verification. Creates certain design and installation requirements for fire alarm systems. Creates a reference to Standard 9-3 to provide greater reliability of fire alarm systems. 912 1a, 2a, 2b, 2c, 3a, 3c References Standard 5-10 which includes specific design and installation requirements for fire department connections to ensure ready access to and timely use of fire department connections. 913 1a, 1c, 3a, 3b, 3c Creates a requirement for alternate source of power due to the high probability of utility service interruption. 915 Not a construction provision; finding not required Standardizes permit language 916 Not a construction provision; finding not required Standardizes permit language 1001 Not a construction provision; finding not required Standardizes permit language 1003 Not a construction provision; finding not required Referenced Guidance Document clarifies application of provisions from other codes; does not alter construction provisions. 1101 Not a construction provision; finding not required References Standard 11-1 which clarifes the codes and code provisionsapplicable to exisitng buildings with regard to construction, fire protection, and life safety. 1201 Not a construction provision; finding not required References Fire Dsitrict Stadard 12-2, provides clarifying language, and standardizes permit language. Page 66 Exhibit A of Resolution FD2022-035 Section Applicable Finding(s)Note 1203 1a, 2c, 3a Creates a requirement for alternate sources ofpower and fuel due to the high probability of utility service interruption. 1204 Not a construction provision; finding not required Provides the fire code official with additonal authority reagrding fire extinguishers and fire safety. 1205 Not a construction provision; finding not required Adds non-construction roof top design requirements to accommodate Fire Dsitrict roof access provisions. Increases vegetation control requirements. 1206 Not a construction provision; finding not required Standardizes permit language. 1207 Not a construction provision; finding not required Increases vegetaion control requirements. Gives the fire code official discretion over the method(s) of preventing, detecting, and minimizing thermal runaway. 2001 Not a construction provision; finding not required Standardizes permit language. 2101 Not a construction provision; finding not required Standardizes permit language. 2201 Not a construction provision; finding not required Standardizes permit language. 2301 1a, 3a Includes residential fueling operations as a regulated operation. Standardizes permit language. 2401 Not a construction provision; finding not required Standardizes permit language. 2501 Not a construction provision; finding not required Standardizes permit language. 2601 Not a construction provision; finding not required Adds relevant references from other applicable State codesto provide clarity and consistency. 2701 Not a construction provision; finding not required Standardizes permit language. 2801 Not a construction provision; finding not required Standardizes permit language. 2804 1a, 1b, 1c, 2b, 2c, 3a, 3c Requires enhanced water supply for lumber yards and similar facilities. 2901 Not a construction provision; finding not required Standardizes permit language. 3001 Not a construction provision; finding not required Standardizes permit language. 3101 Not a construction provision; finding not required References Standards 4-1 and 31-1 which provide additional safety requirements. 3103 Not a construction provision; finding not required Defines the term "temproary period." Provides additional safety requirements. 3105 Not a construction provision; finding not required Standardizes permit language. Defines the term "temporary." 3106 Not a construction provision; finding not required References Chapter 4 and various Standards to provide additional safety. Standardizes permit language. 3201 Not a construction provision; finding not required References Standard 32-1 which contains detailed information about high-piled combustible storage analyses and process along with clarifying language. Makes permanent the discretionary language related to high hazard commodities. Standardizes permit language. 3205 Not a construction provision; finding not required Adds a requirement to designate both the height and area of high-piled combustible storage areas. Does not affect construction standards. 3206 1b, 3c Adds a requirement for door identification markings to enhance safety. Creates a requirements for an all- weather surface between access doors to ensure firefighter access to doors. 3208 Not a construction provision; finding not required Makes permanent the discretionary provision to equip flue spaces with protection. Adds a requireemnt to identify flue spaces. 3209 Not a construction provision; finding not required Adds a reference to Fire District Standard 32-1. Page 67 Exhibit A of Resolution FD2022-035 Section Applicable Finding(s)Note 3301 Not a construction provision; finding not required Expands the scope of the chapter and references Standard 33-1 to enhance safety during construction and demolition. Provides clarification on issuance of construction permits 3303 Not a construction provision; finding not required Provides additional safety requirements during construction. 3304 Not a construction provision; finding not required Adds a requirement for approval of heating devices used with construction projects. 3305 Not a construction provision; finding not required Increases fire safety provisions. Adds precautions against damages and injury. 3310 Not a construction provision; finding not required Adds an approval for cellular enabled devices to be used for emergency communication. 3311 Not a construction provision; finding not required Adds a reference to Fire District Standard 33-2 for vehicle access during construction. 3313 1a, 1b, 1c, 3a, 3b Increaeses fire flow requirements. 3314 Not a construction provision; finding not required Creates consistency among code provisions. 3318 Not a construction provision; finding not required Includes a reference to Fire District Standard 35-1. 3319 Not a construction provision; finding not required Adds fire safety provisions specifc to construction in the desginated wildland-urban interface fire area. 3401 Not a construction provision; finding not required Standardizes permit language. 3501 Not a construction provision; finding not required References Standard 35-1, standardizes permit language, and provides clarifying language. 3701 Not a construction provision; finding not required Standardizes permit language. 3901 Not a construction provision; finding not required Standardizes permit language. 4001 Not a construction provision; finding not required Standardizes permit language. 4003 Not a construction provision; finding not required Makes smoking prohibitions consistent with the Municipal Code. 4004 Not a construction provision; finding not required Increases safety for empty containers. 4803 Not a construction provision; finding not required Standardizes permit language. 4807 Not a construction provision; finding not required Removes conflicting language. 4811 Not a construction provision; finding not required Provides clarifying language. 4901 1c, 2a, 3a, 3b References Standard 49-1 which contains certain construction and site requirements intended to reduce the risk of structure ignition associated with wind- driven wildfires. Other Wildland-Urban Interface Fire Area construction provisions are found in the California Building Code, the California Residential Code, and other referenced codes and standards. 4903 Not a construction provision; finding not required Adds clarifying language reagarding plans. 4906 Not a construction provision; finding not required Adds the Fire District's more restictive requirements regarding vegetation management. 4907 Not a construction provision; finding not required Adds the Fire District's standards to defensible space requirements. 4908 Not a construction provision; finding not required Provides clarifying language. Delegates certain authority to the fire code official. 5001 Not a construction provision; finding not required Provides clarifying language regarding permits. 5004 Not a construction provision; finding not required Adds a more resticitve requiremnts regarding outdoor storage. 5005 Not a construction provision; finding not required Adds a more resticitve requiremnts regarding outdoor storage. 5101 Not a construction provision; finding not required Standardizes permit language. 5301 Not a construction provision; finding not required Standardizes permit language. 5401 Not a construction provision; finding not required Standardizes permit language. 5501 Not a construction provision; finding not required Standardizes permit language. 5601 Not a construction provision; finding not required Provides clarifying language. Page 68 Exhibit A of Resolution FD2022-035 Section Applicable Finding(s)Note 5608 Not a construction provision; finding not required References Standard 56-2. Provides a requirement for and clarifying language regarding electrically firing fireworks displays. 5611 Not a construction provision; finding not required References Fire District Standard 56-2 regarding model rockets. 5612 Not a construction provision; finding not required Prohibits experiemental high power rockets. 5613 Not a construction provision; finding not required Prohibits emergency signalling devices. 5701 Not a construction provision; finding not required Standardizes permit language. 5704 Not a construction provision; finding not required References Standard 57-1 which establishes the procedures for repairs, alterations, abandonment, removal, and disposal of tanks. Modifies the amount of idle pallet storage. 5706 Not a construction provision; finding not required Clarifes storage limitations. 5801 Not a construction provision; finding not required Standardizes permit language. 5806 Not a construction provision; finding not required Clarifes storage limitations. 5901 Not a construction provision; finding not required Standardizes permit language. 6001 Not a construction provision; finding not required Standardizes permit language. 6101 Not a construction provision; finding not required Standardizes permit language. 6104 Not a construction provision; finding not required Provides clarifying language. Establishes limits as allowed by the code. 6107 1a, 1b, 2a, 2c, 3a, 3b, 3c Requires certain orientation of tank installations and stored tanks. 6109 Not a construction provision; finding not required Provides additional protection for LP-gas containers against vehcile impact. 6201 Not a construction provision; finding not required Standardizes permit language. 6301 Not a construction provision; finding not required Standardizes permit language. 6401 Not a construction provision; finding not required Standardizes permit language. 6501 Not a construction provision; finding not required Standardizes permit language. 6601 Not a construction provision; finding not required Standardizes permit language. 6701 Not a construction provision; finding not required Standardizes permit language. App. A Not a construction provision; finding not required Moves the procedures for appeals to Fire District Standard 1-3. App. B 1a, 1c, 2a, 3a, 3b Increases minimum fire flow requirements. App. N Not a construction provision; finding not required Standardizes permit language. App. O Not a construction provision; finding not required Standardizes permit language. Page 69 DATE:November 2, 2022 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Robert Neiuber, Human Resources Director SUBJECT:Consideration to Approve a Resolution Adopting an Amendment to the Rancho Cucamonga Management Association and Rancho Cucamonga City Employees Association Salary Schedules for the Fiscal Year 2022/2023. (RESOLUTION NO. 2022-129) (CITY) RECOMMENDATION: Staff recommends the City Council approve a resolution adopting an amendment to the Rancho Cucamonga Management Association (RCMA) and Rancho Cucamonga City Employees Association (RCCEA) salary schedules for the fiscal year 2022/2023. BACKGROUND: The City Council traditionally adopts salary resolutions biannually for classifications employed by the City of Rancho Cucamonga. These resolutions are updated to reflect changes in salaries, additions and deletions in classifications, changes in job titles, and other terms of employment. The Risk Management Division provides essential services to the City and Fire District including identifying, analyzing, administering, managing, and controlling adverse exposure to occupational safety risks and losses. Risk Management operations have been administered by a single Risk Management Coordinator under the direction of the Human Resources Director for several decades, even though the size of the City organization has doubled, and the scope of risk management duties has grown. Changes to the division are necessary to keep pace with the growing organizational needs. The Building & Safety Services Department provides quality building related services to the community through innovative programming, technology, and the highest standard of code application including inspections. Currently, the Building & Safety Services Department is also restructuring to keep pace with growing organizational needs. ANALYSIS: As a result of the continued expansion of service levels, the duties and responsibilities of the Senior Risk Management position have evolved to directly assist the City and Fire District with updated safety policies and procedures, respond to OSHA investigations, file small claims court matters for RCMU and other departments, and manage the impacts from recent environmental and health risks. The expansion of duties and responsibilities is more consistent with a Risk Manager classification. Changes to the salary schedules reflect the Risk Management Division reorganization and include: •Reclassification of the Senior Risk Management Analyst position to Risk Manager. The salary range for this position would be set equal to the Finance Manager salary range. In addition, this Page 70 Page 2 1 5 4 4 reclassification would result in a 5% salary increase and an increase in benefits from Supervisory/Professional to Management. •Addition of a new Safety Officer position. The Safety Officer will develop, implement, and administer occupational health and safety programs, and safety-related training. The salary range for this position would be set at 20.5% below the Risk Manager salary range and 22.5% above the Risk Management Coordinator salary range. •Reclassification of the Public Works Safety Coordinator to Risk Management Coordinator. The Risk Management Coordinator would be responsible for the overall support of the Public Works safety program and programs for other Departments as directed by the Safety Officer. The Public Works Safety Coordinator position would be deleted from the salary schedule. The current RCCEA salary schedule includes a Risk Management Coordinator salary range. The salary range will remain the same. This reclassification would result in a 1% salary increase. Additionally, the Building & Safety Services Department restructure would include the addition of the Building & Safety Manager position. This position was recently removed from the salary schedule. The Building & Safety Manager would bring back the position at the same salary range to allow for greater flexibility in recruiting and supervision. Staff recommends that the City Council approve the attached resolution adopting the amended salary schedules for RCMA and RCCEA to include the aforementioned changes. FISCAL IMPACT: Fiscal impacts as a result of the Risk Management reorganization would incur a total of no more than $165,000 for the fiscal year 2022/2023. Fiscal impacts for the Building & Safety Manager position would incur a total of $163,080 for the fiscal year 2022/2023. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This item addressed the City Council’s vision of building a world-class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive is achieved. ATTACHMENTS: Attachment 1 – Resolution No. 2022-129 Attachment 2 – Rancho Cucamonga Management Association Salary Schedule Attachment 3 – Rancho Cucamonga City Employees Association Salary Schedule Page 71 Resolution No. 2022-129 - Page 1 of 1 RESOLUTION NO. 2022-129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A RESOLUTION ADOPTING AN AMENDMENT TO THE RANCHO CUCAMONGA MANAGEMENT ASSOCIATION AND RANCHO CUCAMONGA CITY EMPLOYEES’ ASSOCIATION SALARY SCHEDULES FOR THE FISCAL YEAR 2022/2023 WHEREAS, the City Council of the City of Rancho Cucamonga has determined that it is necessary for the efficient operation and management of the City that policies be established prescribing salary ranges, benefits and holidays, and other policies for employees of the City of Rancho Cucamonga; and WHEREAS, the City Council of the City of Rancho Cucamonga has previously adopted salary resolutions establishing salary ranges, benefits, and other terms of employment for employees of the City of Rancho Cucamonga; and WHEREAS, the City Council of the City of Rancho Cucamonga recognizes that it is necessary from time to time to amend the salary resolution to accommodate changes in position titles, classifications salary ranges, benefits, and other terms of employment; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California to approve the attached salary schedules for the Rancho Cucamonga Management Association and Rancho Cucamonga City Employees Association for the fiscal year 2022/2023. (Attachments 2-3). PASSED, APROVED AND ADOPTED this 2nd day of November, 2022. Page 72 Minimum Control Point Maximum Class Title Step Amount Step Amount Step Amount Accounting Manager 2525 $6,648 2565 $8,114 2585 $8,966 Animal Center Manager 2506 $6,048 2546 $7,383 2566 $8,156 Assistant to the City Manager 2590 $9,193 2630 $11,222 2650 $12,400 Building & Safety Manager 2533 $6,920 2573 $8,445 2593 $9,332 Chief Information Security Officer 2552 $7,579 2592 $9,284 2612 $10,258 City Planner/Planning Manager 2583 $8,878 2623 $10,836 2643 $11,974 Community Affairs Manager 2565 $8,114 2605 $9,908 2625 $10,945 Community Improvement Manager 2533 $6,920 2573 $8,445 2593 $9,332 Community Services Manager 2506 $6,048 2546 $7,383 2566 $8,156 Community Services Superintendent 2536 $7,024 2576 $8,573 2596 $9,472 Cultural Center Manager 2536 $7,024 2576 $8,573 2596 $9,472 Deputy Director of Animal Services 2566 $8,156 2606 $9,956 2626 $10,999 Deputy Director of Building and Safety 2580 $8,744 2620 $10,676 2640 $11,797 Deputy Director of City Clerk Services 2543 $7,273 2583 $8,878 2603 $9,809 Deputy Director of Community Services 2598 $9,566 2638 $11,679 2658 $12,905 Deputy Director of Economic Development 2598 $9,566 2638 $11,679 2658 $12,905 Deputy Dir. Engineering/Deputy City Eng.2598 $9,566 2638 $11,679 2658 $12,905 Deputy Dir. Engineering/Utility Manager 2598 $9,566 2638 $11,679 2658 $12,905 Deputy Director of Engineering 2592 $9,284 2632 $11,334 2652 $12,523 Deputy Director of Finance 2598 $9,566 2638 $11,679 2658 $12,905 Deputy Director of Human Resources 2598 $9,566 2638 $11,679 2658 $12,905 Deputy Dir. of Innovation and Technology 2566 $8,156 2606 $9,956 2626 $10,999 Deputy Director of Library Services 2580 $8,744 2620 $10,676 2640 $11,797 Deputy Director of Planning 2598 $9,566 2638 $11,679 2658 $12,905 Deputy Director of Public Works 2598 $9,566 2638 $11,679 2658 $12,905 Economic Development Manager 2539 $7,130 2579 $8,702 2599 $9,615 Environmental Programs Manager 2539 $7,130 2579 $8,702 2599 $9,615 Facilities Superintendent 2536 $7,024 2576 $8,573 2596 $9,472 Finance Manager 2559 $7,875 2599 $9,615 2619 $10,624 Library Services Manager 2506 $6,048 2546 $7,383 2566 $8,156 Park/Landscape Maintenance Supt 2536 $7,024 2576 $8,573 2596 $9,472 Plan Check & Inspection Manager 2533 $6,920 2573 $8,445 2593 $9,332 Principal Accountant 2532 $6,885 2572 $8,403 2592 $9,284 Principal Engineer 2582 $8,833 2622 $10,783 2642 $11,914 Principal Librarian 2495 $5,725 2535 $6,989 2555 $7,720 Principal Management Analyst 2543 $7,273 2583 $8,878 2603 $9,809 Principal Planner 2543 $7,273 2583 $8,878 2603 $9,809 Procurement Manager 2530 $6,817 2570 $8,320 2590 $9,193 Monthly Pay Ranges Effective November 2, 2022 Resolution No. 2022- 129 ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES RANCHO CUCAMONGA MANAGEMENT ASSOCIATION ATTACHMENT 2 Rancho Cucamonga Management Association Salary Schedule November 2, 2022 Page 73 Minimum Control Point Maximum Monthly Pay Ranges Effective November 2, 2022 Resolution No. 2022-129 ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES RANCHO CUCAMONGA MANAGEMENT ASSOCIATION Public Works Maintenance Manager 2566 $8,156 2606 $9,956 2626 $10,999 Revenue Manager 2532 $6,885 2572 $8,403 2592 $9,284 Risk Manager 2559 $7,875 2599 $9,615 2619 $10,624 Senior Civil Engineer 2553 $7,645 2593 $9,332 2613 $10,310 Senior Executive Assistant 2468 $5,004 2508 $6,108 2528 $6,748 Senior Planner 2523 $6,582 2563 $8,035 2583 $8,878 Street/Storm Drain Maintenance Supt 2536 $7,024 2576 $8,573 2596 $9,472 Traffic Engineer 2569 $8,279 2609 $10,105 2629 $11,167 Utilities Operations Manager 2524 $6,615 2564 $8,075 2584 $8,922 Veterinarian 2579 $8,702 2619 $10,624 2639 $11,737 ATTACHMENT 2 Rancho Cucamonga Management Association Salary Schedule November 2, 2022 Page 74 Minimum Control Point Maximum Class Title Step Amount Step Amount Step Amount Account Clerk 4375 $3,194 4415 $3,900 4435 $4,308 Account Technician 4423 $4,057 4463 $4,952 4483 $5,473 Accountant#3465 $5,004 3505 $6,108 3525 $6,748 Accounts Payable Supervisor#3470 $5,129 3510 $6,261 3530 $6,919 Administrative Assistant 4369 $3,099 4409 $3,783 4429 $4,181 Administrative Technician 4437 $4,352 4477 $5,312 4497 $5,868 Animal Behavior Specialist 4388 $3,407 4428 $4,160 4448 $4,597 Animal Care Attendant 4349 $2,806 4389 $3,425 4409 $3,783 Animal Care Supervisor#3440 $4,417 3480 $5,390 3500 $5,956 Animal Caretaker 4378 $3,243 4418 $3,957 4438 $4,372 Animal Rescue Specialist 4388 $3,407 4428 $4,160 4448 $4,597 Animal Services Dispatcher 4369 $3,099 4409 $3,783 4429 $4,181 Animal Services Officer I 4421 $4,018 4461 $4,904 4481 $5,419 Animal Services Officer II 4441 $4,438 4481 $5,419 4501 $5,987 Artistic Producer - Mainstreet Theatre Company 4450 $4,643 4490 $5,667 4510 $6,261 Assistant Engineer#3488 $5,609 3528 $6,848 3548 $7,568 Assistant Planner#3468 $5,079 3508 $6,200 3528 $6,848 Associate Engineer#3518 $6,516 3558 $7,954 3578 $8,789 Associate Planner#3487 $5,583 3527 $6,817 3547 $7,530 Box Office Coordinator 4450 $4,643 4490 $5,667 4510 $6,261 Budget Analyst#3515 $6,419 3555 $7,835 3575 $8,657 Building Inspection Supervisor#2 3504 $6,076 3544 $7,418 3564 $8,197 Building Inspector I2 4444 $4,504 4484 $5,499 4504 $6,076 Building Inspector II2 4464 $4,977 4504 $6,076 4524 $6,714 Business License Clerk 4378 $3,243 4418 $3,957 4438 $4,372 Business License Inspector 4418 $3,957 4458 $4,831 4478 $5,338 Business License Program Coordinator#3432 $4,245 3472 $5,179 3492 $5,723 Business License Program Supervisor#3470 $5,129 3510 $6,261 3530 $6,919 Business License Technician 4408 $3,766 4448 $4,597 4468 $5,079 City Clerk Records Management Analyst#3470 $5,129 3510 $6,261 3530 $6,919 Community Affairs Coordinator 4450 $4,643 4490 $5,667 4510 $6,261 Community Affairs Officer#3515 $6,419 3555 $7,835 3575 $8,657 Community Affairs Senior Coordinator#3480 $5,390 3520 $6,582 3540 $7,272 Community Affairs Specialist 4350 $2,818 4390 $3,441 4410 $3,803 Community Affairs Technician 4437 $4,352 4477 $5,312 4497 $5,868 Community Development Technician I 4413 $3,858 4453 $4,712 4473 $5,207 Community Development Technician II 4423 $4,057 4463 $4,952 4483 $5,473 Monthly Pay Ranges Effective November, 2022 Resolution No. 2022-129 SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES RCCEA COVERED EMPLOYEES IN THE ATTACHMENT 3 Rancho Cucamonga City Employees Association Salary Schedule November 2, 2022 Page 75 Minimum Control Point Maximum Monthly Pay Ranges Effective November, 2022 Resolution No. 2022-129 SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES RCCEA COVERED EMPLOYEES IN THE Community Improvement Supervisor#2 3504 $6,076 3544 $7,418 3564 $8,197 Community Improvement Officer I 4421 $4,018 4461 $4,904 4481 $5,419 Community Improvement Officer II 4441 $4,438 4481 $5,419 4501 $5,987 Community Programs Coordinator 4450 $4,643 4490 $5,667 4510 $6,261 Community Programs Specialist 4437 $4,352 4477 $5,312 4497 $5,868 Community Services Coordinator 4450 $4,643 4490 $5,667 4510 $6,261 Community Services Project Coordinator#3500 $5,956 3540 $7,272 3560 $8,033 Community Services Specialist 4350 $2,818 4390 $3,441 4410 $3,803 Community Services Supervisor#3480 $5,390 3520 $6,582 3540 $7,272 Community Services Technician 4437 $4,352 4477 $5,312 4497 $5,868 Community Theater Producer 4450 $4,643 4490 $5,667 4510 $6,261 Customer Care Assistant 4349 $2,806 4409 $3,783 4429 $4,181 Customer Service Representative 4378 $3,243 4418 $3,957 4438 $4,372 Customer Service Specialist I - Utilities 4413 $3,858 4453 $4,712 4473 $5,207 Customer Service Specialist II - Utilities 4423 $4,057 4463 $4,952 4483 $5,473 Customer Service Specialist III - Utilities 4443 $4,482 4483 $5,473 4503 $6,046 Deputy City Clerk#3430 $4,201 3470 $5,129 3490 $5,667 Engineering Aide 4421 $4,018 4461 $4,904 4481 $5,419 Engineering Technician 4441 $4,438 4481 $5,419 4501 $5,987 Environmental Programs Coordinator#3503 $6,046 3543 $7,382 3563 $8,156 Environmental Programs Inspector2 4464 $4,977 4504 $6,076 4524 $6,714 Event & Rental Services Coordinator 4450 $4,643 4490 $5,667 4510 $6,261 Executive Assistant II#3444 $4,504 3484 $5,499 3504 $6,076 Executive Assistant1 4394 $3,511 4464 $4,977 4484 $5,499 Fleet Supervisor#2 3488 $5,609 3528 $6,848 3548 $7,568 Front of House Coordinator 4450 $4,643 4490 $5,667 4510 $6,261 Fund Development Coordinator#3470 $5,129 3510 $6,261 3530 $6,919 GIS Analyst#3505 $6,108 3545 $7,546 3565 $8,236 GIS Specialist 4456 $4,784 4496 $5,839 4516 $6,452 GIS Supervisor#3535 $7,094 3575 $8,657 3595 $9,566 GIS Technician 4436 $4,328 4476 $5,284 4496 $5,839 Human Resources Business Partner#3433 $4,264 3473 $5,207 3493 $5,754 Human Resources Clerk 4389 $3,425 4429 $4,181 4449 $4,619 Human Resources Technician 4408 $3,766 4448 $4,597 4468 $5,079 Information Technology Analyst I#3505 $6,108 3545 $7,456 3565 $8,236 Information Technology Analyst II#3520 $6,582 3560 $8,033 3580 $8,874 Information Technology Specialist I 4456 $4,784 4496 $5,839 4516 $6,452 Information Technology Specialist II 4471 $5,155 4511 $6,292 4531 $6,953 ATTACHMENT 3 Rancho Cucamonga City Employees Association Salary Schedule November 2, 2022 Page 76 Minimum Control Point Maximum Monthly Pay Ranges Effective November, 2022 Resolution No. 2022-129 SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES RCCEA COVERED EMPLOYEES IN THE Information Technology Operations Supvr.#3535 $7,094 3575 $8,657 3595 $9,566 Information Technology Technician 4411 $3,821 4451 $4,664 4471 $5,155 Lead Park Ranger 4421 $4,018 4461 $4,904 4481 $5,419 Librarian I# 3435 $4,308 3475 $5,259 3495 $5,810 Librarian II#3457 $4,807 3497 $5,868 3517 $6,485 Library Assistant I 3373 $3,160 3413 $3,858 3433 $4,264 Library Assistant II#3414 $3,880 3454 $4,736 3474 $5,232 Library Clerk 4356 $2,905 4396 $3,546 4416 $3,917 Library Technician 4393 $3,493 4433 $4,264 4453 $4,712 Maintenance Supervisor#2 3488 $5,609 3528 $6,848 3548 $7,568 Management Aide 4440 $4,417 4480 $5,390 4500 $5,956 Management Analyst I#3470 $5,129 3510 $6,261 3530 $6,919 Management Analyst II#3498 $5,898 3538 $7,201 3558 $7,954 Management Analyst III#3515 $6,419 3555 $7,835 3575 $8,657 Office Services Clerk 4369 $3,099 4409 $3,783 4429 $4,181 Patron & Events Supervisor#3480 $5,390 3520 $6,582 3540 $7,272 Payroll Supervisor#3470 $5,129 3510 $6,261 3530 $6,919 Planning Specialist 4443 $4,482 4483 $5,473 4503 $6,046 Planning Technician 4423 $4,057 4463 $4,952 4483 $5,473 Plans Examiner I 4474 $5,232 4514 $6,388 4534 $7,058 Plans Examiner II#3488 $5,609 3528 $6,848 3548 $7,568 Procurement & Contracts Analyst#3433 $4,264 3473 $5,207 3493 $5,754 Procurement Clerk 4374 $3,179 4414 $3,880 4434 $4,287 Procurement Technician 4411 $3,821 4451 $4,664 4471 $5,155 Public Services Technician I 4413 $3,858 4453 $4,712 4473 $5,207 Public Services Technician II 4423 $4,057 4463 $4,952 4483 $5,473 Public Services Technician III 4443 $4,482 4483 $5,473 4503 $6,046 Public Works Inspector I2 4444 $4,504 4484 $5,499 4504 $6,076 Public Works Inspector II2 4464 $4,977 4504 $6,076 4524 $6,714 Records Clerk 4358 $2,933 4398 $3,581 4418 $3,957 Records Coordinator 4386 $3,372 4426 $4,119 4446 $4,550 Risk Management Coordinator#3470 $5,129 3510 $6,261 3530 $6,919 Safety Officer#3515 $6,419 3555 $7,835 3575 $8,657 Senior Account Clerk 4395 $3,529 4435 $4,308 4455 $4,759 Senior Account Technician 4446 $4,550 4486 $5,556 4506 $6,139 Senior Accountant#3498 $5,898 3538 $7,201 3558 $7,954 Senior Animal Care Supervisor#3461 $4,904 3501 $5,987 3521 $6,615 Senior Animal Services Officer#3461 $4,904 3501 $5,987 3521 $6,615 ATTACHMENT 3 Rancho Cucamonga City Employees Association Salary Schedule November 2, 2022 Page 77 Minimum Control Point Maximum Monthly Pay Ranges Effective November, 2022 Resolution No. 2022-129 SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES RCCEA COVERED EMPLOYEES IN THE Senior Building Inspector#2 3484 $5,499 3524 $6,714 3544 $7,418 Senior Business License Clerk 4398 $3,581 4438 $4,372 4458 $4,831 Senior Community Improvement Officer#3461 $4,904 3501 $5,987 3521 $6,615 Senior Electrician #3485 $5,528 3525 $6,748 3545 $7,456 Senior GIS Analyst #3520 $6,582 3560 $8,033 3580 $8,874 Sr Human Resources Business Partner#3498 $5,898 3538 $7,201 3558 $7,954 Senior Information Technology Analyst#3535 $7,094 3575 $8,657 3595 $9,566 Senior Information Technology Specialist#4493 $5,754 4533 $7,024 4553 $7,759 Senior Librarian#3468 $5,079 3508 $6,200 3528 $6,848 Senior Park Planner#3500 $5,956 3540 $7,272 3560 $8,033 Senior Plans Examiner#3503 $6,046 3543 $7,382 3563 $8,156 Senior Procurement Technician#3463 $4,952 3503 $6,046 3523 $6,681 Senior Risk Management Analyst#3515 $6,419 3555 $7,835 3575 $8,657 Senior Veterinary Technician#3461 $4,904 3501 $5,987 3521 $6,615 Special Districts Analyst#3498 $5,898 3538 $7,201 3558 $7,954 Supervising Public Works Inspector#2 3494 $5,780 3534 $7,058 3554 $7,797 Supervising Traffic Systems Specialist#2 3502 $6,016 3542 $7,345 3562 $8,114 Theater Production Coordinator 4460 $4,880 4500 $5,956 4520 $6,582 Theater Production Supervisor#3480 $5,390 3520 $6,582 3540 $7,272 Theatre Technician III 4423 $4,057 4463 $4,592 4483 $5,473 Utilities Operation Supervisor#3515 $6,419 3555 $7,835 3575 $8,657 Utility Marker 4464 $4,977 4504 $6,076 4524 $6,714 Veterinary Assistant 4407 $3,746 4447 $4,574 4467 $5,052 Veterinary Technician 4437 $4,352 4477 $5,312 4497 $5,868 2.Refer to MOU for provision of boot # Denotes Supervisory/Professional Class 1.When acting as Clerk to Commissions $50 paid per night or weekend day meeting. Compensatory time off ATTACHMENT 3 Rancho Cucamonga City Employees Association Salary Schedule November 2, 2022 Page 78 DATE:November 2, 2022 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Michael Frasure, Director of Building and Safety Services SUBJECT:Consideration of a Resolution Setting Forth the Findings that Allow the City Council to Make Amendments and Other Changes to the 2022 California Codes, and 2021 International Codes by Approval of the Ordinance Adopting Said Codes. (RESOLUTION NO. 2022-130) (CITY) RECOMMENDATION: Staff recommends that the City Council adopt Resolution No. 2022-0130, regulations imposing the same, modified, or changed requirements as those that are contained in the regulations adopted by the State of California when such changes are reasonably necessary because of local geologic, topographic, or climatic conditions. the 2022 California Model Codes and applicable 2021 International Codes. BACKGROUND: The California Building Standards Commission recently adopted the 2022 Edition of the California Building Codes, which is also known as the California Code of Regulations, Title 24 (CCR, T-24). The 2022 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 2021 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, 2023. 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 2022 California Building Codes are based on the International Building Code, Volumes 1 and 2, 2021 Edition, the International Residential Code, 2021 Edition, and the International Property Maintenance Code, published by the International Code Council (ICC); California Green Building Code 2021 Edition, published by a joint effort of different State agencies; the 2021 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, 2021 Editions, published by Page 79 Page 2 the International Association of Plumbing and Mechanical Officials (IAMPO); and the National Electrical Code, 2020 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 GOALS: 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: Attachment 1 – Resolution No. 2022-130 Page 80 RESOLUTION NO. 2022-130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SETTING FORTH FINDINGS IN SUPPORT OF AMENDMENTS TO THE 2022 CALIFORNIA BUILDING CODE, RESIDENTIAL CODE, PLUMBING CODE, ELECTRICAL CODE AND MECHANICAL CODE BASED ON LOCAL CLIMATIC, TOPOGRAPHICAL AND/OR GEOLOGICAL CONDITIONS WHEREAS, Health and Safety Code Section 17958 provides that the City of Rancho Cucamonga may adopt ordinances and regulations imposing the same or modified or changed building standards as are contained in the codes required to be adopted by the State pursuant to Health and Safety Code Sections 17922 and 18930; and WHEREAS, the State of California is mandated to adopt the building standards and other rules contained in the model codes specified in Health and Safety Code Section 17922, and to publish said codes, as amended, collectively as the California Building Standards Code; and WHEREAS, Health and Safety Code Sections 17958.5(a) and 18941.5(b) permit the City to amend building standards in the codes comprising the California Building Standards Code based on findings that such amendments are reasonably necessary because of local climatic, geological, or topographical conditions. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find and resolve as follows: Section 1. The Building and Safety Department has recommended that changes and modifications be made to the 2022 Editions of the California Building Code, Plumbing Code, Mechanical Code, Electrical Code, and Residential Code, and that such modifications are reasonably necessary due to local conditions in the City of Rancho Cucamonga, as described below: A.Climatic Conditions 1.Hot, dry Santa Ana winds are common to all areas within the City of Rancho Cucamonga and San Bernardino County in general. These winds, which can cause small fires which spread quickly, are a contributing factor to the high fire danger in the area and create the need for an increased level of fire protection. This added protection will supplement normal fire department response available and provide immediate protection for life and safety of multiple occupancy occupants during fire occurrences. 2.San Bernardino County and the City of Rancho Cucamonga are located in a semi-arid Mediterranean type of climate which predisposes all fuels to rapid ignition and spread of fire. Therefore, there exists a need for additional fire protection measures. B.Geographical Conditions Attachment 1 Page 81 1.San Bernardino County and the City of Rancho Cucamonga are located in Seismic Zone 4. There are earthquake faults that run along the northern, eastern and southwestern boundaries of the County. The Cucamonga Fault and San Andreas Fault are the major earthquake faults lying on the northern part of the City. They can create major damages and pose one of the greatest hazards to lives and properties in the county. The San Jose Fault together with the Whittier Fault on the southwest location of the county and the San Jacinto Fault on the eastern part of the County can also create major earthquakes with tremendous damages. Experts predict a major earthquake might occur in our area within the next 50 years. This situation creates a need for additional fire, life, safety protection measures. 2.Traffic and circulation congestion presently existing in the City of Rancho Cucamonga often places fire department response time to fire occurrences at risk. This condition will be exacerbated by any major disaster, including any earthquake wherein damage to the highway system will occur. This condition makes the need for additional on-site protection for property occupants necessary. C.Topographical Conditions 1.The City is built on soil with high degrees of landslides, rockslides from the adjacent foothills and mountains. In addition, the majority of the City has steep hills and streets with great potential of flooding and erosion problems which inhibit firefighting and rescuing capabilities. Specific amendments to the 2022 Editions of the California Building Code, Plumbing Code, Mechanical Code, Electrical Code, and Residential Code, as set forth in City of Rancho Cucamonga Ordinance No. 1011 are found reasonably necessary based on the climatic, geological, and/or topographic conditions cited above in this Resolution and are listed as follows: Building Code amendments Findings section(s) Section 101.4 Chapter 1 Administrative Section 105.2 Chapter 1 Administrative Section 113.1 Administrative Section 114.1 and 114.2 Administrative Section 710A.3.3 Administrative Section 903 A-1, A-2 Table 1505.1 A-1, A-2 Section 1609.3 A-1 Section 1803.5.11 B-1 Section 3109.3 Administrative Section J101, Appendix J Administrative Section J101.1, Appendix J Administrative Section J103.3, Appendix J Administrative Section J104.5 and 104.6, Appendix J Administrative Section J105.1, Appendix J Administrative Section J109.4, Appendix J Administrative Section J109.5, Appendix J Administrative Page 82 Section J110.3, Appendix J Administrative Section J112.1, Appendix J Administrative Section J113.1, Appendix J Administrative Residential Code amendments Section R105.2, Chapter 1 Administrative Section 1.8.8.1, Chapter 1 Administrative Section R113.1 and R113.2, Chapter 1 Administrative Section R301.2.1 B-1 Section R401.4.1 C-1 Section R902.1 Building Standards Appendices deleted Administrative Mechanical Code amendments Section 104.5, Chapter 1 Administrative Table 104.5 Administrative Section 107.1 Administrative Plumbing Code amendments Section 107.1, Chapter 1 Administrative Section 104.5 Administrative Table 104.5 Administrative Appendix L Administrative Section 609.3.1 Building Standards Section H701.2 Administrative Electrical Code amendments Section 89.108.4.5 Administrative Section 89.108.8.1 Administrative Section 2. The City Clerk shall certify to the adoption of this Resolution and cause a certified copy of the same and Ordinance No. 1011 to be forthwith transmitted to the California Building Standards Commission. Page 83 PASSED, APPROVED, AND ADOPTED this ___ day of _____________ 2022. _____________________________________ L. Dennis Michael, Mayor ATTEST: ______________________________________ Janice C. Reynolds, City Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the ___ day of August 2015. Executed this ___ day of ________________ 2022, at Rancho Cucamonga, California. ______________________________________ Janice C. Reynolds, City Clerk Page 84 DATE:November 2, 2022 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 Annette Cano-Soza, Assistant Engineer SUBJECT:Consideration of Tract Map 20353, Improvement Agreement and Improvement Securities for Street Improvements, Order the Annexation to Landscape Maintenance District No. 1 and Street Light Maintenance Districts Nos. 1 and 2 Related to Case No. SUBTT20353, Located at 6929 Hellman Avenue. (RESOLUTION NO. 2022-133) (RESOLUTION NO. 2022-134) (RESOLUTION NO. 2022-135) (CITY) RECOMMENDATION: Staff recommends that the City Council: 1. Approve the final map of Tract Map 20353; 2. Approve an Improvement Agreement for related public improvements and authorize the Mayor and the City Clerk to sign said agreement; 3. Approve the plans and specifications for the related public improvements on file with the City Engineer; and 4. Accept security in the form of bonds for completion of the related public improvements BACKGROUND: On August 11, 2021, the Planning Commission approved Case No. SUBTT20353 for the subdivision of a vacant parcel consisting of approximately 2 acres into six residential lots within the Low (L) Residential District, located at 6929 Hellman Avenue. Case No. SUBTT20353 was approved with a condition that certain public improvements be constructed including; curb and gutter, driveway approaches, street lights, street trees, street improvements, and storm drain improvements. In addition, Tentative Tract Map 20353 was approved with a condition that Covenants, Conditions and Restrictions (CC&Rs) be provided for drainage easements where necessary and maintenance of the project’s water quality best management practices improvements (BMPs). ANALYSIS: The developer, H&L Industries, Inc. has submitted an Improvement Agreement and securities to guarantee construction of the off-site public improvements in the following amounts: Faithful Performance Bond #4457415 $195,300 Labor and Material Bond #4457415 $195,300 Page 85 Page 2 1 4 9 1 The developer has submitted the final map for Tract 20353 for consideration of approval, Staff has determined that the final is in substantial conformity with the approved Tentative Tract Map and conditions. Additionally, the proposed annexations would supply additional annual revenue into the landscape and street light maintenance districts in the following amounts: Landscape Maintenance District No. 1: $553.26 Street Light Maintenance District No. 1: $106.62 Street Light Maintenance District No. 2: $239.82 Approval of this item by Council would approve the Improvement Agreement, accept the securities for the construction of certain public improvements, approve the final map of Tract Map 20353 and allows its recordation and recordation of the CC&Rs, and order the annexation into Landscape Maintenance District 1 and Street Light Maintenance Districts 1 and 2. Copies of the Improvement Agreement and Annexation Forms are on file in the City Clerk’s Office. FISCAL IMPACT: The developer will be installing 14 new street trees and 2 new street lights that will be maintained by the City. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This item addresses the City Council’s vision for the City by ensuring the construction of high- quality improvements that promote a world class community. ATTACHMENTS: Attachment 1 - Vicinity Map Attachment 2 - Resolution Ordering Annexation LMD 1 Attachment 3 - Resolution Ordering Annexation SLD 1 Attachment 4 - Resolution Ordering Annexation SLD 2 Page 86 ATTACHMENT 1 2 9 9 0 Vicinity Map SUBTT20353 NOT TO SCALE Project Site Page 87 Resolution No. 2022-133 - Page 1 of 5 ATTACHMENT 2 RESOLUTION NO. 2022-133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY) FOR PROJECT CASE NO. SUBTT20353 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the “Landscape and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Act”, said special maintenance district known and designated as Landscape Maintenance District No. 1 (General City) (the “District”); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer’s report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California (“Article XIII D”) establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the “Territory”) be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the “Improvements”); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled “Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property” (the “Consent and Waiver”); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and Page 88 Resolution No. 2022-133 – Page 2 of 5 2 9 8 8 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that: (1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment. WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C. SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory. PASSED, APPROVED, AND ADOPTED this day of 2022. Page 89 Resolution No. 2022-133 – Page 3 of 5 2 9 8 8 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: H & L INDUSTRIES, INC. The legal description of the Property is: CUCAMONGA HOMESTEAD ASSN N 250.1 FT W 383 FT LOT 9 BLK 12 MEAS FROM C/L HELLMAN AVE EX W 33 FT ST 2.01 AC M/L Assessor’s Parcels Numbers of the Property: 0202-061-32 Page 90 Resolution No. 2022-133 – Page 4 of 5 2 9 8 8 Exhibit B Description of the District Improvements Fiscal Year 2022/23 Landscape Maintenance District No. 1 (General City): Landscape Maintenance District No. 1 (General City) (the “Maintenance District”) represents various landscaped areas, parks and community trails located at various sites throughout the City. These sites consist of several non-contiguous areas throughout the City. As such, the parcels within this District do not represent a distinct district area as do the other LMD’s within the City. Typically, new parcels within this District have been annexed upon development. The various sites maintained by the District consist of parkways, median islands, paseos, street trees, entry monuments, community trails and parks. The parks consist of Bear Gulch Park, East and West Beryl Park, Old Town Park, Church Street Park, Golden Oaks Park, Hermosa Park, and the undeveloped Don Tiburcio Tapia Park. Proposed additions to the Improvements for Project Case No. Case No. SUBTT20353 14 Trees Page 91 Resolution No. 2022-133 – Page 5 of 5 2 9 8 8 Exhibit C Proposed Annual Assessment Fiscal Year 2022/23 Landscape Maintenance District No.1 (General City): The rate per Equivalent Benefit Unit (EBU) is $92.21 for the fiscal year 2022/23. The following table summarizes the assessment rate for Landscape Maintenance District No. 1 (General City) for Case No. SUBTT20353: Land Use Basis EBU* Factor Rate per EBU* Single Family Residential Parcel 1.00 $92.21 Multi-Family Residential Unit 0.50 92.21 Non-Residential Acre 2.00 92.21 The proposed annual assessment for the property described in Exhibit A is as follows: 6 Parcels x 1.00 EBU Factor x $92.21 Rate per EBU = $553.26 Annual Assessment Page 92 Resolution No. 2022-134 - Page 1 of 5 ATTACHMENT 3 RESOLUTION NO. 2022-134 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 CASE NO. SUBTT20353 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the “Landscape and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Act”, said special maintenance district known and designated as Street Light Maintenance District No. 1 (Arterial Streets) (the “District”); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer’s report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California (“Article XIII D”) establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the “Territory”) be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the “Improvements”); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled “Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property” (the “Consent and Waiver”); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and Page 93 Resolution No. 2022-134 – Page 2 of 5 2 9 8 7 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that: (1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment. WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C. SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory. PASSED, APPROVED, AND ADOPTED this day of 2022. Page 94 Resolution No. 2022-134 – Page 3 of 5 2 9 8 7 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: H & L INDUSTRIES, INC. The legal description of the Property is: CUCAMONGA HOMESTEAD ASSN N 250.1 FT W 383 FT LOT 9 BLK 12 MEAS FROM C/L HELLMAN AVE EX W 33 FT ST 2.01 AC M/L Assessor’s Parcels Numbers of the Property: 0202-061-32 Page 95 Resolution No. 2022-134 – Page 4 of 5 2 9 8 7 Exhibit B Description of the District Improvements Fiscal Year 2019/20 Street Light Maintenance District No. 1 (Arterial Streets): Street Light Maintenance District No. 1 (Arterial Streets) (the “Maintenance District”) is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. These sites consist of several non-contiguous areas throughout the City. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. Proposed additions to the Improvements for Project Case No. SUBTT20353: NONE Page 96 Resolution No. 2022-134 – Page 5 of 5 2 9 8 7 Exhibit C Proposed Annual Assessment Fiscal Year 2021/22 Street Light Maintenance District No.1 (Arterial Streets): The rate per Equivalent Benefit Unit (EBU) is $17.77 for the fiscal year 2021/22. The following table summarizes the assessment rate for Street Light Maintenance District No.1 (Arterial Streets) for Case No. SUBTT20353: Land Use Basis EBU Factor* Rate per EBU* Single Family Residential Parcel 1.00 $17.77 Multi-Family Residential Parcel 1.00 17.77 Non-Residential Acre 2.00 17.77 The proposed annual assessment for the property described in Exhibit A is as follows: 6 Parcels x 1 EBU Factor x $17.77 Rate per EBU = $106.62 Annual Assessment Page 97 Resolution No. 2022-135 - Page 1 of 5 ATTACHMENT 4 RESOLUTION NO. 2022 -135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS) FOR CASE NO. SUBTT20353 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the “Landscape and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Act”, said special maintenance district known and designated as Street Light Maintenance District No. 2 (Local Streets) (the “District”); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer’s report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California (“Article XIII D”) establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the “Territory”) be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the “Improvements”); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled “Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property” (the “Consent and Waiver”); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and Page 98 Resolution No. 2022-135 – Page 2 of 5 2 9 8 9 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that: (1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment. WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C. SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory. PASSED, APPROVED, AND ADOPTED this day of 2022. Page 99 Resolution No. 2022-135 – Page 3 of 5 2 9 8 9 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: H & L INDUSTRIES, INC. The legal description of the Property is: CUCAMONGA HOMESTEAD ASSN N 250.1 FT W 383 FT LOT 9 BLK 12 MEAS FROM C/L HELLMAN AVE EX W 33 FT ST 2.01 AC M/L Assessor’s Parcels Numbers of the Property: 0202-061-32 Page 100 Resolution No. 2022-135 – Page 4 of 5 2 9 8 9 Exhibit B Description of the District Improvements Fiscal Year 2021/22 Street Light Maintenance District No. 2 (Local Streets): Street Light Maintenance District No. 2 (Local Streets) (the “Maintenance District”) is used to fund the maintenance and/or installation of street lights and traffic signals located on local streets throughout the City but excluding those areas already in another local maintenance district. Generally, this area encompasses the residential area of the City west of Haven Avenue. The sites maintained by the District consist of street lights on local streets and traffic signals (or a portion thereof) on local streets generally west of Haven Avenue. Proposed additions to the Improvements for Project Case No. SUBTT20353: 2 Street Lights Page 101 Resolution No. 2022-135 – Page 5 of 5 2 9 8 9 Exhibit C Proposed Annual Assessment Fiscal Year 2021/22 Street Light Maintenance District No. 2 (Local Streets): The rate per Equivalent Benefit Unit (EBU) is $39.97 for the fiscal year 2021/22. The following table summarizes the assessment rate for Street Light Maintenance District No. 2 (Local Streets) for Case No. SUBTT20353: Land Use Basis EBU Factor* Rate per EBU* Single Family Residential Parcel 1.00 $39.97 Multi-Family Residential Unit 1.00 39.97 Non-Residential Acre 2.00 39.97 The proposed annual assessment for the property described in Exhibit A is as follows: 6 Parcels x 1 EBU Factor x $39.97 Rate per EBU = $239.82 Annual Assessment Page 102 DATE:November 2, 2022 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Noah Daniels, Finance Director SUBJECT:Public Hearing to Consider the Detachment of Certain Property from Street Lighting Maintenance Districts Nos. 1 and 6 and Consideration of the Approval of a Resolution Ordering the Detachment of Such Property from the Districts and to Adjust the Boundary of Each District’s Map. (RESOLUTION NO. 2022-131 AND RESOLUTION NO. 2022-132) (CITY) RECOMMENDATION: It is recommended that the City Council conduct a public hearing to consider the detachment of real property, identified as 12434 4th Street, Rancho Cucamonga, CA 91730 (“the Property”), from Street Lighting Maintenance Districts Nos. 1 and 6 (collectively, the “Districts”). BACKGROUND: The Property is included within the boundaries of the Districts and Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga (“CFD 2022-01”). The purpose of CFD 2022-01 is to provide maintenance and services for streetlights, replacing the historical Districts for new development within the City. The Property was annexed into CFD 2022-01 on June 1, 2022, and the Districts provide similar services. On September 6, 2022, the City Council approved Resolution Nos. 2022-123 and 2022-124 declaring the intention to detach the Property from the Districts and set a public hearing to be held on November 2, 2022, to consider the proposed detachment. Upon closing the public hearing, the City Council should consider approving the Resolution to order the detachment of the Property from Districts and adjust the boundary of each District’s map. ANALYSIS: Since the Property is included in the CFD 2022-01 and the Districts, the Property must be detached from the Districts. The Landscape and Light Act of 1972 (the “1972 Act”), which the Districts were formed through, provides that the City Council may order the Property be detached from the Districts following a public hearing. FISCAL IMPACT: The special assessments revenues levied by the Districts will be removed. However, such special assessments are being replaced by special taxes with CFD 2022-01. CFD 2022-01 was formed to be financially self-sufficient, meaning the revenues generated by CFD 2022-01 offset the costs of providing services and can be adjusted annually based on changes in overall operating costs for the streetlights. Page 103 Page 2 1 5 4 6 COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This item addresses the City Council’s goal to ensure the fiscal sustainability of the City’s special districts. This item also supports the City Council’s core values of intentionally embracing and anticipating the future. ATTACHMENTS: Attachment 1 – Resolution Ordering Detachment of Territory from SLD No. 1 Attachment 2 – Resolution Ordering Detachment of Territory from SLD No. 6 Page 104 Page 1 of 2 ATTACHMENT 1 RESOLUTION NO. 2022-131 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE DETACHMENT OF TERRITORY FROM STREET LIGHTING MAINTENANCE DISTRICT NO. 1 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 WHEREAS, the City Council of the City of Rancho Cucamonga (“City Council”) has determined that it is necessary to detach certain territory from Street Lighting Maintenance District No. 1 (“SLD No. 1”), which is described in Exhibit A and depicted in Exhibit B attached hereto and incorporated herein (the “Property”), because the services provided by SLD No. 1 to the Property will now be provided by a newly formed community facilities district; and WHEREAS, the City Council has elected, pursuant to Section 22609 of the Streets and Highways Code, to commence proceedings for the detachment of the Property from SLD No. 1; and WHEREAS, on September 6, 2022, the City Council adopted Resolution No. 2022-123 initiating proceedings to detach the Property from SLD No. 1 pursuant to Sections 22607, 22609, and 22587 of the Streets and Highways Code and setting the time and place of a public hearing thereon. NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Rancho Cucamonga, California: Section 1. Findings. The City Council finds that the foregoing recitals are true and correct. Section 2. Order of Detachment. The City Council hereby approves a change in organization of SLD No. 1 by ordering the detachment of the Property therefrom. The Property shall be and is detached from SLD No. 1. Section 3. Amended Assessment Diagram. The Finance Director is hereby directed to cause the assessment diagram of SLD No. 1 to be amended to reflect the detachment of the Property therefrom and to file such amended assessment diagram with the Auditor of the County of San Bernardino. Page 105 Page 2 of 2 ATTACHMENT 1 2 9 8 0 BE IT FURTHER RESOLVED AND ORDERED The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions. ADOPTED by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting hereof held 2nd day of November, 2022, by the following vote: AYES: NAYS: ABSENT: APPROVED L. DENNIS MICHAEL, MAYOR ATTEST: JANICE C. REYNOLDS, CITY CLERK Page 106 A-1 ATTACHMENT 1 EXHIBIT A DESCRIPTION OF BOUNDARY OF TERRITORY TO BE DETACHED FROM STREET LIGHTING MAINTENANCE DISTRICT NO. 1 Property to be detached from Street Lighting Maintenance District No. 1 includes the land situated in the State of California, County of San Bernardino, City of Rancho Cucamonga, described as follows: Assessor Parcel Numbers: 0229-283-50 and 0229-283-51. Page 107 B-1 ATTACHMENT 1 EXHIBIT B BOUNDARY OF TERRITORY TO BE DETACHED FROM STREET LIGHTING MAINTENANCE DISTRICT NO. 1 Page 108 Page 1 of 2 ATTACHMENT 2 RESOLUTION NO. 2022-132 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE DETACHMENT OF TERRITORY FROM STREET LIGHTING MAINTENANCE DISTRICT NO. 6 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 WHEREAS, the City Council of the City of Rancho Cucamonga (“City Council”) has determined that it is necessary to detach certain territory from Street Lighting Maintenance District No. 6 (“SLD No. 6”), which is described in Exhibit A and depicted in Exhibit B attached hereto and incorporated herein (the “Property”), because the services provided by SLD No. 6 to the Property will now be provided by a newly formed community facilities district; and WHEREAS, the City Council has elected, pursuant to Section 22609 of the Streets and Highways Code, to commence proceedings for the detachment of the Property from SLD No. 6; and WHEREAS, on September 6, 2022, the City Council adopted Resolution No. 2022-124 initiating proceedings to detach the Property from SLD No. 6 pursuant to Sections 22607, 22609, and 22587 of the Streets and Highways Code and setting the time and place of a public hearing thereon. NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Rancho Cucamonga, California: Section 1. Findings. The City Council finds that the foregoing recitals are true and correct. Section 2. Order of Detachment. The City Council hereby approves a change in organization of SLD No. 6 by ordering the detachment of the Property therefrom. The Property shall be and is detached from SLD No. 6. Section 3. Amended Assessment Diagram. The Finance Director is hereby directed to cause the assessment diagram of SLD No. 6 to be amended to reflect the detachment of the Property therefrom and to file such amended assessment diagram with the Auditor of the County of San Bernardino. Page 109 Page 2 of 2 ATTACHMENT 2 2 9 8 1 2 9 8 1 BE IT FURTHER RESOLVED AND ORDERED The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions. ADOPTED by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting hereof held 2nd day of November, 2022, by the following vote: AYES: NAYS: ABSENT: APPROVED L. DENNIS MICHAEL, MAYOR ATTEST: JANICE C. REYNOLDS, CITY CLERK Page 110 A-1 ATTACHMENT 2 EXHIBIT A DESCRIPTION OF BOUNDARY OF TERRITORY TO BE DETACHED FROM STREET LIGHTING MAINTENANCE DISTRICT NO. 6 Property to be detached from Street Lighting Maintenance District No. 6 includes the land situated in the State of California, County of San Bernardino, City of Rancho Cucamonga, described as follows: Assessor Parcel Numbers: 0229-283-50 and 0229-283-51. Page 111 B-1 ATTACHMENT 2 EXHIBIT B BOUNDARY OF TERRITORY TO BE DETACHED FROM STREET LIGHTING MAINTENANCE DISTRICT NO. 6 Page 112 RECOMMENDATION: The Planning Commission and Staff recommend the City Council conduct first reading of Ordinance No. 1012 by title only and waive full reading of the following:   •Approval of Municipal Code Amendment to amend Title 17 of the Municipal Code to incorporate mew optional development standards and approval of Zoning Map Amendment to amend the Zoning Map to establish a new Overlay Zoning District. BACKGROUND: For over 5 years, the residents and property owners living in the vicinity of Camino Predera, a street within the Red Hill neighborhood, have struggled to agree on what constitutes appropriate housing styles and sizes for the development of the remaining lots on Camino Predera. Many of the existing residents in the Camino Predera area have raised concerns about the applications submitted to the City to construct new houses on the remaining vacant properties in their neighborhood. They have expressed these concerns during various steps of the City’s review process of these applications including the Design Review Committee meetings and the Planning Commission public hearings. Many of these concerns have centered around the overall size (floor area) of the proposed houses, their form or visual “massing”, overbuilding on the site in general, DATE:November 2, 2022 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Matt Marquez, Director of Planning and Economic Development Mike Smith, Principal Planner SUBJECT:PUBLIC HEARING FOR CONSIDERATION OF MUNICIPAL CODE AMENDMENT AND ZONING MAP AMENDMENT – CITY OF RANCHO CUCAMONGA – Consideration of a proposal to amend Title 17 of the Municipal Code to incorporate new development standards related to, for example, structure height, modifications to existing topographical conditions, and the City’s application processing requirements applicable to thirty-eight (38) properties that are located on the north and south sides of Camino Predera and all properties that have street frontage along Predera Court, a residential neighborhood generally located north of Foothill Boulevard/Pacific Electric (PE) Trail and west of Carnelian Avenue/Cucamonga Creek, in the Low Residential (L) Zone and amend the Zoning Map to establish an overlay zoning district (“Camino Predera Overlay”) that identifies which properties are subject to the new development standards; APNs: 0207-631-01 through -11 and -14 through -25, and 0207-641- 01 through -15. These amendments are exempt from environmental review pursuant to Section 15161(b)(3) of the California Environmental Quality Act (CEQA) Guidelines. DRC2020-00004 and DRC2022-00315. (ORDINANCE NO. 1012) (CITY) Page 113 Page 2 1 5 2 8 and crowding between structures. The overall theme of these concerns was that these proposals were not compatible nor consistent with the character of the existing neighborhood. These concerns are rarely expressed, and never to the same degree, by the owners of properties elsewhere in Red Hill, or the greater citywide Hillside Overlay in general, when a Hillside Design Review (HDR) application is proposed in their vicinity. Additionally, the property owners and applicants for the development of the remaining undeveloped lots have raised concerns that meeting the desires of the neighbors is economically or physically infeasible. In late 2018, owners in Camino Predera submitted to the City Council an appeal of the Planning Commission’s approval of a development application proposed on the north side of Camino Predera. The City Council considered this appeal during two public hearings. After considering the concerns of the Camino Predera owners, the Councilmembers asked the applicant’s architect to revise the proposal. The architect subsequently made significant modifications to the technical and design details of the proposed house. At the third and final public hearing for the application, the City Council upheld the Planning Commission’s approval with the proposed modifications. During this last public hearing the City Council requested that staff review the current hillside development standards, and if necessary, establish new standards. The intent of this request was to alleviate the concerns noted above and to ensure that any house proposed in the future would be compatible and consistent in character with existing houses along Camino Predera. Similarly, it was to facilitate the development process by providing future developers/homeowners clear objective standards. As staff began this effort, the scope of the City’s review initially included all areas within the citywide Hillside Overlay. However, staff determined the concerns that were assumed to be shared commonly in the citywide Hillside Overlay by staff were not frequently expressed by all property owners. Staff concluded that the topography and development pattern of Red Hill was unlike other areas in the Hillside Overlay and, therefore, the scope of the review was further revised to explicitly apply to thirty-eight properties located along Camino Predera and Predera Court. This area, labeled as the Proposed Camino Predera Overlay, is shown in the Figure 1 below and additional details are provided later in this report. The following staff recommendation is the culmination of efforts to work with the community and develop new standards, per the City Council’s request. Page 114 Page 3 1 5 2 8 Figure 1 - Red Hill Neighborhood Community Workshops Staff initiated a workshop to obtain input from the Red Hill community. This would more accurately inform staff of the development-related issues, if any, in Red Hill. That information, in turn, would be used to create the proposed standards. The first workshop was conducted on August 8, 2019, at Lions Center West, a community center located at 9161 Base Line Road. To assist with this workshop, the City contracted with a meeting facilitator and a contract planner who specialized in Code development to join City staff during the conversation with the community. All property owners in the Red Hill community were invited to attend. At this workshop, staff explained the purpose of the Code amendment, process, and an overview of the expectations of the amendment. The residents were later encouraged to separate into groups to discuss their concerns and highlight the things they appreciate most about their neighborhood. This workshop was informative for staff. The majority of those in attendance identified several positive attributes of Red Hill. They indicated that they had no desire for more regulations. However, the property owners in Camino Predera expressed mixed comments about development in their neighborhood. After the first workshop, staff further narrowed the focus of the evaluation of the standards so that they would only apply to Camino Predera. Staff began forming draft changes to the standards for discussion and feedback at the second workshop which was conducted on September 9, 2019, at Valle Vista Elementary located in Red Hill at 7727 Valle Vista Road. The meeting facilitator and contract planner who were present at the first workshop also joined City staff for this second workshop to help property owners reach consensus and model various development standards. Some of the most notable changes to the standards requested by the residents included a maximum building height on the properties on the south side of Camino Predera, increased side yard building setbacks, standards for roof designs, and increased height for retaining walls, among others. Page 115 Page 4 1 5 2 8 At the second workshop attendance was slightly less than the first. Attendees were primarily those who reside or owned property in Camino Predera. The attendees were encouraged to break into groups again to discuss their likes and/or dislikes with the proposed changes. The feedback was divided between the owners on the north side of Camino Predera, who were supportive of the changes, and property owners of vacant properties on the south side of Camino Predera, who were not. Staff continued to refine the draft standards so they would reflect the comments received during the second workshop. On January 22, 2020, the Planning Commission conducted a public hearing for the proposed amendments to the Municipal Code that would, if approved, amend the City’s development standards for the properties in Camino Predera. After receiving staff’s report and comments from the public, the Commission continued the hearing to an unspecified date to allow more time for discussion of the potential changes to the hillside standards and collaboration between the property owners in Camino Predera. The Commission also directed staff to continue working with the Camino Predera community and conduct additional workshops prior to bringing the item back to the Planning Commission for further consideration. As requested by the Planning Commission, staff organized a follow-up third workshop on January 30, 2020, in the Tri-Communities Room at City Hall. With this effort, the scope of the City’s review/analysis was “condensed” to address only the properties within Camino Predera and only include the applicable owners. As before, all owners in Camino Predera were invited to attend. This meeting allowed staff to obtain further, focused, input from the Camino Predera owners and what was important to them. Everyone was provided the opportunity to provide their thoughts on the standards proposed by staff and propose their own standards. During this workshop it became apparent that there were disagreements between the owners and their counterparts on the north side and the south side of Camino Predera, respectively, regarding details of the proposed development standards. Generally, the standards proposed by the owners on the north side of Camino Predera were more restrictive than those currently in the Code. In the meantime, the owners on the south side of Camino Predera proposed new development standards that were relatively minimal or “no change” compared to the standards proposed by staff. In some instances, some of the new development standards generally related to design requirements, proposed changes considered unnecessary or ineffective by the majority of owners. These standards were related to the type of roof design, e.g., hip, gable, and flat; garage door orientation; and the setback of the garage relative to the house. More than a year later staff conducted a fourth workshop on July 29, 2021. Note that the fourth workshop was scheduled for an earlier date in March 2020 but was postponed due to State- mandated restrictions on in-person meetings in response to the COVID pandemic. A facilitator was contracted by the City to assist in the discussion. As before, all owners in Camino Predera were invited to attend. This workshop allowed staff to share with them a refined set of proposed standards based on the collective discussion during the third workshop. The revised set of proposed standards included adjustments to the proposed standards that staff believed was a “balance” between what the owners on both sides of Camino Predera wanted. And, in general, staff considered them to be fair and respectful of the property and development rights of all owners on Camino Predera. Also, staff deleted proposed standards that were unnecessary. Page 116 Page 5 1 5 2 8 Staff observed continuing disagreements regarding specifics of the proposed development standards and that establishing new standards that would be mutually agreed upon by the owners was unlikely. The most notable standard that was the subject of significant disagreement was related to structure/building height relative to the finished surface of Camino Predera (the street). The fifth, and final, workshop was conducted on March 17, 2022. This workshop served as a check-in with the owners in Camino Predera before staff moved forward to having the standards reviewed for recommendation by the Planning Commission and subsequently reviewed and acted upon by the City Council. Staff shared with them a draft of the proposed standards based on the collective discussion during the third and fourth workshops. As before, these revisions to the proposed standards were relatively minor and incorporated a balanced approach to the standards. Staff observed continuing disagreements regarding specifics of the proposed development standards. Determining new standards that would be acceptable by all owners was seemingly not possible. During the final workshop, staff received comments from some of the attendees which concluded that consensus was highly unlikely and that the City needed to make a final determination on the proposed standards. ANALYSIS: The subject properties that would be affected by the proposed amendments are within a residential area that is referred to by its residents and others outside of the area as “Red Hill.”  Red Hill is also identified in this manner by a variety of resources and documents authored by the City including the General Plan. Red Hill is bound, and generally defined, by Foothill Boulevard/Pacific Electric (PE) Trail, Carnelian Avenue/Cucamonga Creek, Base Line Road, and the City’s western boundary limits to the south, east, north, and west, respectively, as shown in the Figure 2 below. Figure 2 - Red Hill Neighborhood Page 117 Page 6 1 5 2 8 Development within Red Hill mostly consists of single-family residences that were constructed prior to the City’s incorporation in 1977. Characteristics of this include varying lot dimensions and configurations, eclectic architecture, and mature landscaping. Red Hill also has a relatively rural appearance as demonstrated by the limited number of streetlights and the absence of street improvements such as sidewalks, curbs, and gutters.  These characteristics and existing conditions inform how the City considers development proposals in Red Hill. On the west side of Red Hill is Red Hill Country Club.  This golf course and associated buildings/amenities cover 178.55 acres or about 1/3 of the land area of Red Hill.    There is also a school, Valle Vista Elementary, near the center of Red Hill. There is no commercial development within the interior of Red Hill.  There is some commercial development fronting along Foothill Boulevard along Red Hill’s southernmost perimeter.  Aside from access from Red Hill Country Club Drive, these commercial properties are not directly accessible from any of the interior residential streets of Red Hill. Except for the non-residential properties described above, the General Plan land use designation and Zoning of the properties within Red Hill are Low Residential District and Low Residential (L) Zone, respectively. Not including the area at the north side of Red Hill near Base Line Road all properties are also within the Hillside Overlay. Figure 3 – Hillside Overlay Map Page 118 Page 7 1 5 2 8 Site Characteristics – Camino Predera The specific location of the subject properties is Tract 10035 (recorded in May 1985) located along the southeastern edge of Red Hill as shown in Figure 4 below. This tract consists of thirty-eight (38) lots located along Camino Predera and Predera Court (Camino Predera). Figure 4 - Camino Predera Neighborhood Camino Predera is generally characterized by sloped topography that decreases from approximately 1,345 feet above sea level (ASL) on the north side to approximately 1,280 feet ASL on the south side. Exact existing and finished grade elevations vary depending on the lot. It is not unusual for adjacent lots to have relatively significant elevation differences between them as demonstrated below via the image capture from Google Maps (Figure 5). Figure 5 - North-South Elevation Change Page 119 Page 8 1 5 2 8 The approval of Tract 10035 did not include the construction of any houses. All residential development, except for a set of three (3) houses, was proposed one house at a time. Twenty- one (21) of the thirty-eight (38) lots are developed with single-family residences that were constructed prior to 2010. Sixteen (16) of these houses are located on the north side. There is only one vacant lot (APN: 0207-641-12, Lot 35) remaining on the north side. The other five (5) houses are on the south side. Of the remaining seventeen (17) undeveloped lots, there are two houses under construction (APNs: 0207-641-03, Lot 3 and -04, Lot 4) and another currently in plan check pending construction (APN: 0207-631-07, Lot 17). In addition, the Planning and Economic Development Department is currently reviewing applications for the development of two (2) lots (APNs: 0207- 631-08, Lot 18 and 0207-641-12, Lot 35).    Current Development Review Process All proposals to develop a property within the Hillside Overlay require the review of a Hillside Design Review (HDR) application for review and approval by the City. As Camino Predera is within this overlay, all development there is subject to this requirement. These applications are reviewed and approved by the Planning and Economic Development Director per Section 17.16.140 (Hillside Development Review) of the Municipal Code. The exceptions to this are 1) when there is excavation or import of soil to the project site (thus modifying the existing grade) which would result in a change in the existing grade of 5 feet (or more) in depth or 2) when there is a Variance associated with the HDR application. For such circumstances, review and approval by the Planning Commission is required per Section 17.122.020(G)(1)(i) (Hillside Development) and Section 17.20.030 (Variance) of the Code. In comparison, residential development that is not in this overlay requires a Minor Design Review (MDR) and the development limitations are not as restrictive. Although it is not required by the Code, historically all HDR applications in the Overlay have been forwarded to the Design Review Committee for their review and recommendation to the Planning and Economic Development Director. The Director, as per the Code, would then review the application and take final action, e.g., approve/deny/modify the project. Note that an HDR application in Camino Predera has, until recently, been automatically forwarded to the Planning Commission by staff regardless of whether it had 5 feet (or more) of excavation/fill and/or needed a Variance as described above. The decision-making body that would review and take final action on the project would be the Planning Commission and not the Planning and Economic Development Director. In addition, all applicants for HDR applications in Camino Predera are asked to conduct a neighborhood meeting as a courtesy to the other property owners in Camino Predera. These actions are not typical for HDR applications that are submitted for proposed development in other areas within the Overlay. Proposed Standards After receiving the feedback through community workshops and analyzing the potential impacts of the changes, staff proposes standards as shown in the table below; however, note that the owners in Camino Predera continue to have disagreement with three of the proposed standards. The owners on the north side provided their proposed standards and additional requirements. Table 1 below identifies the Development standards that are currently in effect, proposed (by staff), and proposed (by the owners on the north side of Camino Predera). The specific standards where there is disagreement are identified in bold in the same table. Page 120 Page 9 1 5 2 8 Table 1 - Comparison of Hillside Development Standards Current Standards New Standards (proposed by Staff) New Standards proposed by Owners (North) Maximum Minimum Maximum Minimum Maximum Minimum Building Height -South side of Camino Predera 30 feet None 14 feet None 7-10 feet None -North side of Camino Predera 30 feet None 25 feet None 25 feet None Building Setbacks -Front None 37 feet +/- 5 feet None 37 feet +/- 5 feet None 37 feet -Rear None 20 feet None 20 feet None 20 feet -Side None 5/10 feet None 5/10 feet None 10/15 feet Building Separation None None None None None 10/20 feet Excavation/Fill 5 feet None 8 feet None 8 feet None Wall Height -Screen (Freestanding) 6 feet None 6 feet None 6 feet None -Retaining 4 feet None 8 feet None 8 feet None Many of the proposed changes are focused on minimizing, but not eliminating, the height and visual massing of the houses on the south side of Camino Predera as measured from the surface of the street as described below. 1. Building (house) height: The maximum height above the level of the street of 14 feet (south side) and 25 feet (north side) is proposed by staff to fulfill the following: o Ensure that Camino Predera will have an inviting character where the houses on both sides “frame” the street along the north and south elevation. It is the City’s goal that all residential streets function and have a neighborhood aesthetic. o Allow houses on the south side to continue to be readily visible with a similar curb appeal, as seen from the street, as the neighboring houses across the street thus ensuring a degree of resident’s enjoyment of their property; and o Allow for a “conventional” single-story (floor) house with a typical sloped roof (hip, gable, etc.). This minimizes the possibility of a house that has unconventional architecture that the property owner may not prefer; have design elements that may be generally incompatible with the architecture of other houses within Camino Predera; and/or is challenging to construct, and/or is impractical as a residential space. The height limit doesn’t prohibit a height of up to 30 feet (above finished grade) throughout any property within Camino Predera – it only is limited to that height as measured from the street. Provided that the grade allows for it, a house can continue to be up to 30 feet in height if it does not exceed 14 feet in height above street level. Page 121 Page 10 1 5 2 8 2. Excavation/import (“cut/fill”): The increase in the maximum proposed in cut/fill from 5 feet to 8 feet is proposed by staff to fulfill the following: o Allow a greater depth of earthwork/grading modifications without discretionary review and approval by the Planning Commission. o Allow an increase in retaining wall height from 4 feet to 8without requiring the approval of a Minor Exception or Variance for discretionary approval by the Planning Director or Planning Commission, respectively. In both cases, this would allow for a pad (foundation) to have a lower elevation relative to, and a lower roofline as seen from, the street. This in turn will help accommodate the proposed building height of 14 feet (south side) or 25 feet (north side). Staff does not propose any revision to the front yard building setback of 37±5 feet, i.e., 37 feet as measured between the front of the house and the curb at the street with a variation of 5 feet (as high or low as 45 feet and 32 feet, respectively). This is to ensure that the front wall plane of each house is visibly “articulated” and maintains visual interest along the street frontage. Note that this variation in the front setback is generally standard for single-family residential development elsewhere in the City. Staff also does not propose any revisions to the side yard building setbacks which are currently 5/10 feet, i.e., 5 feet on one side of the house and 10 feet on the opposite side of the house. The owners on the north side of Camino Predera wanted the side setbacks to be increased to 10/15 feet. Generally, the widths of properties on the south side, as measured at the front property line, are narrower than the corresponding widths of the properties on the north side as explained below (note that the following dimensions do not include the lots within Predera Court - these lots are unusually narrow as they “front” onto a cul-de-sac street). The narrowest lot on Camino Predera is 61.8 feet wide (APN: 0207-641-06, Lot 6). In comparison, the average lot width is 90.26 feet. The average width of the developed lots (mostly on the north side) and undeveloped lots (mostly on the south side) is 106.83 feet and 75.64 feet, respectively. Applying increased side setbacks would create practical and aesthetic challenges for the owners on the south side. For example, to construct houses using these side setbacks the proposed house would be relatively “narrow”. Lot 6 would have a house of 36.8 feet in width. In the meantime, the fascia of the house that would be part of the “living” area, i.e., not the garage, would have a width of only 16.8 feet. The dominant feature as seen from the street would be the garage door (which is typically 16 feet wide by 7 feet high). Under Senate Bill 330 (SB330), that was approved by the State on October 19, 2019, “affected cities...may not change their General Plan or Specific Plan(s) land use designation or Zoning Map for any parcel to a less intensive use below that which was allowed on January 1, 2018, per Government Code Subsection 66300(b)(1)(A). For these purposes, “less intensive use” explicitly includes “reductions to height, density, or floor area ratio, new or increased open space or lot size requirements, or new or increased setback requirements, minimum frontage requirements, or maximum lot coverage limitations, or anything that would lessen the intensity of housing” [emphasis added]. In addition, affected cities...may not revise the allowed intensity of use in any existing General Plan or Specific Plan(s) land use designation, or Zoning Map district below that which was allowed on January 1, 2018. This section effectively prohibits affected cities...from making changes to development standards for zoning districts that allow Page 122 Page 11 1 5 2 8 housing. The caveat is that an affected city...will not be limited by these provisions if it “concurrently changes the development standards, policies, and conditions applicable to other parcels within the jurisdiction to ensure that there is no net loss in residential capacity” per Government Code Subsection 66300(i)(1). In the analysis of SB330 and how it applies to the proposed Code amendment, it was determined that the City cannot adopt any new development standards as requirements that would be specifically applicable to residential structures such as height and setbacks. These can only be provided as optional standards. To do so otherwise would be inconsistent with SB330, as changes to building height or setback can reduce the intensity, or size of the future dwelling unit. This determination was made while conferring with the City Attorney’s office during the preparation of the staff report for Planning Commission, finalizing the proposed standards, and checking their applicability within the context of State-adopted legislation that is currently in effect. Therefore, the proposed optional standards are as shown in Table 2 below. If an owner prefers to follow the Optional Standards, then they will not be required to submit a HDR application (as typically would be required for development in the Hillside Overlay). Instead, they would be allowed to submit construction plans for the proposal directly to the Building & Safety Department for ministerial plan check. Similarly, a review by the Design Review Committee would not be required nor would the applicant be asked to conduct a neighborhood meeting. This will save applicants time and money in the development review process while utilizing the optional standards to address concerns about the character of development in Camino Predera and the City’s review process for development proposals are expressed by the owners in Camino Predera. If an owner prefers not to follow the Optional Standards, then they will be required to submit a HDR application and follow the procedural steps for HDR as described previously in this report. Table 2 - Proposed Optional Development Standards for Camino Predera Standards Optional Standards Maximum Minimum Building Height   -South side of Camino Predera 14 feet* None -North side of Camino Predera 25 feet None Building Setbacks   -Front None 37±5 feet -Rear None 20 feet -Side None 5/10 feet Excavation/Fill 8 feet None Wall Height   -Screen (Freestanding) 6 feet None -Retaining 8 feet None *As measured from the curb at the street (Camino Predera) To apply the optional development standards, staff is proposing to establish a new Overlay Zoning District called the “Camino Predera Overlay”. This new Overlay will identify the 38 specific parcels Page 123 Page 12 1 5 2 8 in Camino Predera that would be subject to the new optional development standards. The new Overlay is shown in Figure 6 below. Figure 6 - Proposed Camino Predera Overlay Zoning District Coordinated with the establishment of the new Overlay is a Municipal Code Amendment which will amend Chapter 17.38 (“Overlay Zoning Districts and other Special Planning Areas”) to add the purpose, applicability, and optional development standards of the Camino Predera Overlay; Chapter 17.114.010 (“Special Area Map”) to add the Camino Predera Overlay to Figure 17.114.010-1; and Chapter 17.114.050 (“Overlay Zoning District Descriptions) to add the description of the Camino Predera Overlay. General Plan and Municipal Code Consistency: The City is proposing to amend its current Municipal Code and Zoning Map to incorporate optional development standards and apply them to a specific location in the City consisting of 38 single-family residential parcels on Camino Predera and Predera Court. The City prepared the amendments, which are included as Attachments 1 and 2, to the attached draft City Council Ordinance (Attachment D). The Municipal Code Amendment and Zoning Map Amendment conform to and do not conflict with the General Plan, including without limitation, the Land Use Element and Housing Element thereof, and will provide for development in a manner consistent with the General Plan. Planning Commission Hearing: On October 12, 2022, the Planning Commission conducted a public hearing for the proposed subject amendments to the Municipal Code and Zoning Map that, if approved by the City Council, would amend the City’s development standards for the properties in Camino Predera and create a new overlay district. After receiving staff’s report and their recommendation, the Commission opened the public hearing for comments. The Commission received testimony regarding the proposed changes in the maximum building height and potential changes to the side yard building setbacks, and whether any changes to the standards were necessary. Also, there were statements about the loss of views. Some commenters mentioned flexibility with property development options. Lastly, Page 124 Page 13 1 5 2 8 clarification and applicability of SB330 was discussed. These collective comments are summarized in the Minutes for the public hearing (Attachment B). The Commission closed the public comment period and asked staff to address the comments received from the community. They also asked staff about the new procedural steps that will apply when an applicant chooses to follow the optional development standards. Staff addressed these questions and provided additional clarifications. The answers and clarifications have been incorporated into this staff report. The Commission discussed, for example the proposed optional standards, the character of Camino Predera, and the context of State-adopted legislation. After doing so, the Commission agreed with staff’s recommendation the City Council the approval of the amendments to the Municipal Code and Zoning Map. CEQA DETERMINATION: The Planning Commission has determined that the amendments to the Municipal Code and Zoning Map are statutorily exempt from the requirements of the California Environmental Quality Act (CEQA). The amendments qualify 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 amendments do not propose any physical change to the environment itself. The new optional standards do not include an associated development project. The standards will serve to simplify the process that a property owner needs to follow to construct a single-family residence on their property on Camino Predera and Predera Court. Any environmental analysis that may be required for each single-family residence will be conducted when a proposal is received. Staff notes that the construction of one single-family residence is typically exempt from CEQA per Section 15303 of the CEQA guidelines. Based on this evidence and all the evidence in the record, the City Council concurs with the Planning Commission’s determination that the amendments will not have a significant effect on the environment and are therefore exempt from further environmental review under CEQA. FACTS FOR FINDING: Per Section 17.22.040(C) of the Municipal Code, amendments to the Municipal Code and Zoning Map “may be approved only when the City Council finds that the amendment[s] are consistent with the General Plan goals, policies, and implementation programs.” These include the following Land Use and Housing goals: •Land Use LC-1.2 Quality of Place. “Ensure that new infill development is compatible with the existing, historic, and envisioned future character and scale of each neighborhood.” •Land Use LC-1.9: Infill Development. “Enable and encourage infill development within vacant and underutilized properties through flexible design requirements and potential incentives.” •Land Use LC-1.11: Compatible Development. “Allow flexibility in density and intensity to address specific site conditions and ensure compatibility of new development with adjacent context.” •Housing H-5.1: Development Review Processes. “Consider new polices, codes, and procedures that have the potential to reduce procedural delays, provide information early Page 125 Page 14 1 5 2 8 in the development process regarding development costs, and charge only those fees necessary to adequately carry out needed public services and improvements.” •Housing H-5.4: Development Standards. “Evaluate and adjust as appropriate residential development standards, regulations, and processing procedures that are determined to constrain housing development, particularly housing.” Overall, the standards proposed are designed to minimize impacts to surrounding, existing residential properties in Camino Predera and ensure that new development is compatible with the Camino Predera neighborhood and that the character of the neighborhood is preserved. Also, they represent a balance of the property owners concerns with future development and property rights. FISCAL IMPACT: The proposed amendment itself will not create a fiscal impact, however significant staff and consultant time has been expended by the city to achieve the proposed amendments. If applicants choose to exercise the proposed standards, they can reduce application costs and save time by utilizing a ministerial process, rather than a discretionary process. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: The subject amendments fulfill the City Council goals for providing and nurturing a high quality of life for all; building and preserving a family-oriented atmosphere; intentionally embracing and anticipating the future; equitable prosperity for all; working together cooperatively and respectfully with each other, staff, and all stakeholders; and actively seeking and respectfully considering all public input. The amendments are consistent with the goals and policies of the General Plan and the objectives of the Development Code. These City-initiated amendments to the Municipal Code and Zoning Map will facilitate development while retaining compatibility and character of the existing Camino Predera neighborhood. CORRESPONDENCE: The subject amendments were advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, vacant properties in Camino Predera were posted, and all owners of property in Tract 10035 and within 660 feet were mailed notifications. During the preparation of the Planning Commission staff report, staff received correspondence regarding these amendments. Staff also received correspondence during this overall process, e.g., following one of the workshops. The correspondence is attached (Attachment 1). Correspondence received after this report is prepared will be provided accordingly. ATTACHMENTS: Attachment 1 – Correspondence Attachment 2 – Planning Commission Public Hearing (October 12, 2022) Minutes Attachment 3 – Planning Commission Resolution No. 22-28 Recommending Approval of Municipal Code Amendment DRC2020-00004 and Zoning Map Amendment DRC2022-00315 Attachment 4 – Draft Ordinance No. 1012 Approving Municipal Code Amendment DRC2020- 00004 and Zoning Map Amendment DRC2022-00315 Page 126 Page 48 Attachment 1 Page 127 Page 49 Page 128 Page 50 Page 129 Page 51 Page 130 Page 52 Page 131 Page 53 Page 132 Page 54 Page 133 Page 55 Page 134 Page 56 Page 135 Page 57 Page 136 Page 58 Page 137 Page 59 Page 138 Page 60 Page 139 Page 61 Page 140 Page 62 Page 141 Page 63 Page 142 Page 64 Page 143 Page 65 Page 144 Page 66 Page 145 Page 67 Page 146 10/5/22, 9:21 PM Mail - Smith, Michael - Outlook https://outlook.office365.com/mail/id/AAMkADliOGI1ZWM1LTdiMjItNDQzYS05YTFmLThmZWZlOGVlZWI1YgBGAAAAAABF%2BMQS8LazSqK3eF3Z…1/1 Camino Predera update Renee Massey <reneemass1952@yahoo.com> Wed 09/08/21 09:29 To:Smith, Michael <Michael.Smith@cityofrc.us> Cc:Suzanne Buquet <suzanne@chasjoseph.com>;Chuck Buquet <chuck@chasjoseph.com>;Catherine Weber <ccourserweber@hotmail.com>;Lynn Massey <pfsmass@yahoo.com>;Eric Weber <ericweber@earthlink.net>;Danny Dera <danny.dera@gmail.com>;Thomas Reyes <thomas.reyes@dxc.com>;Susan McNinch <mcninch10@gmail.com>;Christopher Nosrat <christopher.nosrat@gmail.com>;Jim Scott <jimbo6641@hotmail.com>;porschefixer@roadrunner.com <porschefixer@roadrunner.com>;Renee Scott <reneescott1@me.com>;Maria Alamat <maria.alamat@gmail.com>;Rakan Alamat <rakanealamat@gmail.com>;Robert Waddell <robert@waddellpainting.net>;Tom Snedeker <tbsnedeker0930@yahoo.com>;McIntosh, Anne <Anne.McIntosh@cityofrc.us>;Burris, Matt <Matt.Burris@cityofrc.us>;Gillison, John <John.Gillison@cityofrc.us>;H. Lynn Massey <pfsmass@gmail.com> CAUTION: This email is from outside our Corporate network. Do not click links or open aachments unless you recognize the sender and know the content is safe. Hey Mike, Hope all is well. Just want to say again that your efforts at the 4th Workshop were appreciated and we are looking forward to the progress regarding the new standards. We realize it's time consuming and not easy. So, we are just checking in to see how things are progressing. We also are prepared to preview the standards before the last (5th) workshop as was agreed as necessary at the 4th workshop. Reviewing the revised new standards in advance, prior to Anne's approval will make the process agreeable and final. The final workshop (#5) will allow all the other stakeholders to view the changes and be satisfied. We are all looking forward to when this will finally be resolved. In the meantime, stay well. Renee and Lynn Page 68 Page 147 10/5/22, 9:12 PM Mail - Smith, Michael - Outlook https://outlook.office365.com/mail/deeplink?popoutv2=1&version=20220923004.19&Print 1/1 Re: Camino Predera addendum - Height of homes. Catherine Weber <ccourserweber@hotmail.com> Fri 03/18/22 09:43 To:Smith, Michael <Michael.Smith@cityofrc.us>;Van der Zwaag, Tabe <Tabe.VanderZwaag@cityofrc.us> CAUTION: This email is from outside our Corporate network. Do not click links or open aachments unless you recognize the sender and know the content is safe. Mike, I want to make sure that my comments about the height of the homes on Camino Predera were captured. I believe that the 10 feet is the maximum that this street can tolerate to sll allow for view sharing with those on the North side and above. Again, thanks for listening. Sincerely Catherine and Robert Eric Weber 7997 Camino Preder 310-916-1134 From: Catherine Weber Sent: Friday, March 18, 2022 9:39 AM To: Smith, Michael <Michael.Smith@cityofrc.us>; Van der Zwaag, Tabe <Tabe.VanderZwaag@cityofrc.us> Subject: Camino Predera Mike, I would like my comments added to the Public Record concerning Camino Predera Hillside Development Standards. We (my husband Robert Eric Weber and I, Catherine M. Weber) are very concerned about the proposed side setbacks of 5/10 feet. We believe that these lots are large enough to have 10/15 - the size the Patel's proposed in their plans that were approved by the Planning Commission. This will greatly affect our home if the lot to the east of us is developed. The plans that were submied by the lot owner had a 3-car garage directly to the east of us with only 5 feet from our front yard. The development of these mansions on both sides of us dwarf our home. The homes should be in line with the size of the homes that exist today. Thank you for the opportunity to express our views. Please feel free to contact me if you have any quesons. 310-916-1134 is my cell. Sincerely Catherine and Robert Eric Weber 7997 Camino Predera Page 69 Page 148 March 18, 2022 Dear Michael Smith, First and foremost, I want to thank you for your time and professionalism at Thursday night workshop. My name is Sofia Vega, my husband and I purchased Tract #10035, Lot 13 on the South Side of Camino Predera. I am writing to respectfully request consideration of the building height (currently 30’ max) Issues of high concern are the following: Conceding to a 30-foot height down to a 14-foot height has already been excessive. I strongly disagree in reducing the height any further, adding unnecessary building construction cost to people in the south side. Soil Disturbance / Higher Cost Minimizing soil disturbance should be kept to a minimum to minimize risks and preserve native top soil. Working with the natural contours of the site. If we are required to drop the site even more, we will need a deeper foundation (excessive excavation/grading) and larger retaining walls, resulting in incurring a higher cost. This will lead to a financial hardship for many of us on the south side. Flat Roof Due to the possible height restrictions, some of us will have no alternative but to build a flat roof. A flat roof has an average lifespan of only 10 years and is susceptible to water damage, resulting in higher cost for all. Water Damage and Drainage Building on a lower spot means that water is more likely to drain toward a home. This will lead to a lifetime problem for the homeowners. Our most crucial and concerning issue is water damage and drainage. Water is often the most difficult site issue to understand and predict. Surface water, including runoff from rain can cause flood and water damage to the property. Side Setbacks to remain at 5/10 Allowing to maximize the square footage in width, helps keep cost down by minimizing building further back and down the slope. It will be shameful to force the south side to incur all the added cost. If these new demands are enforced, my family and I will unfortunately need to reconsider our building plans or selling the lot due to the greater cost we will incur. I ask you to please carefully consider our concerns as your decision will determine critical outcomes for many people on the south side. Respectfully, Sophia Vega Page 70 Page 149 10/5/22, 9:11 PM Mail - Smith, Michael - Outlook https://outlook.office365.com/mail/deeplink?popoutv2=1&version=20220923004.19&Print 1/1 Camino Predera Catherine Weber <ccourserweber@hotmail.com> Fri 03/18/22 09:39 To:Smith, Michael <Michael.Smith@cityofrc.us>;Van der Zwaag, Tabe <Tabe.VanderZwaag@cityofrc.us> CAUTION: This email is from outside our Corporate network. Do not click links or open aachments unless you recognize the sender and know the content is safe. Mike, I would like my comments added to the Public Record concerning Camino Predera Hillside Development Standards. We (my husband Robert Eric Weber and I, Catherine M. Weber) are very concerned about the proposed side setbacks of 5/10 feet. We believe that these lots are large enough to have 10/15 - the size the Patel's proposed in their plans that were approved by the Planning Commission. This will greatly affect our home if the lot to the east of us is developed. The plans that were submied by the lot owner had a 3-car garage directly to the east of us with only 5 feet from our front yard. The development of these mansions on both sides of us dwarf our home. The homes should be in line with the size of the homes that exist today. Thank you for the opportunity to express our views. Please feel free to contact me if you have any quesons. 310-916-1134 is my cell. Sincerely Catherine and Robert Eric Weber 7997 Camino Predera Page 71 Page 150 10/5/22, 9:13 PM Mail - Smith, Michael - Outlook https://outlook.office365.com/mail/deeplink?popoutv2=1&version=20220923004.19&Print 1/1 PDF Pictures H. Lynn Massey <pfsmass@gmail.com> Sun 03/20/22 17:11 To:Smith, Michael <Michael.Smith@cityofrc.us> 2 attachments (11 MB) 2021 View 8, 10, 14 feet.pdf; Staff renderings 14 feet.pdf; CAUTION: This email is from outside our Corporate network. Do not click links or open aachments unless you recognize the sender and know the content is safe. Mike, Thank you for your leadership on this issue. Attached are 2 pdf's One is 15 pictures of the really affected lots on our street. And 2 are of the city's renderings of the views and height of 14 feet. I am so sorry about my loud "stop interrupting" during the session. But the lack of respect really gets to me. God Bless - H. Lynn Massey Page 72 Page 151 Patel's Lot (#16) 8 feet, 10 feet, 14 feet. View from the corner of Predera Ct. & Camino Predera Met with City Council Members: 4/20/21 @ 8am = Spagolo. 4/29/21 @ 1pm Hutchison. 5/4/21 @ 2pm Kennedy. 514/21 @ 5pm Scott. All of them saw the view pole and verified measurements. Page 73 Page 152 Across the street from Weber's (#24) Lot [Similar to the Cities rendition] 8 feet, 10 feet, and 14 feet' Page 74 Page 153 Buquet's Lot (# 30) view at 8 feet, 10 feet, and 14 feet Page 75 Page 154 Buquet's Lot (#30) view at 81, 10', 14' (Patel's Lot) Page 76 Page 155 View from the Scott's Lot (#33) The Hill 8 feet, 10 feet, and 14 feet Page 77 Page 156 View from the Nos rat's Lot (#34) 8 feet, 10 feet, and 14 feet Page 78 Page 157 View from the Reyes' Lot (#36) 8 feet, 10 feet, and 14 feet - Page 79 Page 158 View from the Reyes' front door (#36) 8 feet, 10 feet, and 14 feet Page 80 Page 159 Street View from Snedeker's Lot (#37) 8 feet, 10 feet, and 14 feet Page 81 Page 160 Front Door View of Snedeker's Lot (#37) 8 feet, 10 feet, and 14 feet Page 82 Page 161 Street View from Massey's Lot (#38) of Lot #4 8 feet, 10 feet, 14 feet Page 83 Page 162 Street View from Massey's Lot (#38) of Lot #4 8 feet, 10 feet, and 14 feet Page 84 Page 163 Street View from Massey's Lot (#38) of Lot #3 8 feet, 10 feet, 14 feet Page 85 Page 164 mW -- • •k ) Front Door View of Massey's Lot (#38) of Lot #3 8 feet, 10 feet, and 14 feet Page 86 Page 165 Front Door View from Massey's Lot (#38) of Lot 2 8 feet, 10 feet, and 14 feet Page 87 Page 166 Sta4 rendr-r*i ngs aF komes onrini Pr e-Aera He.- L1'bOV e i u rb 6-t I L~ N P-~ i+ Pt2. Page 88 Page 167 ScXff cxdenn35 OY h6 me-C-) on COLMIiA lo Py'(Atf c~- cx~S6ve- L urb at Pt. - 2132.6 Page 89 Page 168 10/5/22, 8:27 PM Mail - Smith, Michael - Outlook https://outlook.office365.com/mail/id/AAMkADliOGI1ZWM1LTdiMjItNDQzYS05YTFmLThmZWZlOGVlZWI1YgBGAAAAAABF%2BMQS8LazSqK3eF3Z…1/1 Camino Predera proposed developments Lisa Agraso <l_agraso@hotmail.com> Mon 03/21/22 18:24 To:Smith, Michael <Michael.Smith@cityofrc.us>;Van der Zwaag, Tabe <Tabe.VanderZwaag@cityofrc.us> CAUTION: This email is from outside our Corporate network. Do not click links or open aachments unless you recognize the sender and know the content is safe. Mr. Mike Smith and Mr. Tabe VanderZwagg, We are wring to you concerning the street we live on, Camino Predera. We are specifically concerned about the proposed Hillside Standards and would like to express our thoughts on the standards that are being proposed. We believe that the height of these homes is concerning for those on the south side and the north side. The homes have always been ered so that view sharing was available as evidenced by the homes on Red Hill Country Club Drive above Camino Predera. As an owner on the south side I love walking up the street to see the view. With these developers building mansions and 3 story homes it is impossible to enjoy the view. That is why we believe that the homes should be limited to 10 feet. There are many other lots available throughout Rancho Cucamonga where these types of homes should be built and fit in beer, ulmately this is not the appropriate neighborhood. Addionally, there are homes that are being proposed that have only 5 feet side setbacks. This is outrageous. This does not emulate the current community. This community is not your typical track housing development where you can reach out and touch your neighbor. It appears that these developers are aempng to build on every square inch of the lots with such small side setbacks as to be negligible. There is a house proposed to the west of our home that proposes exactly that. Which is why we believe that the side setbacks should be at 10/15 feet, and echo the current trend. Without some protecon from the standards, the developers will make Camino Predera just another neighborhood with windows that must be kept closed because the neighbors are so close. We are asking that you please stand with the homeowners and help preserve and maintain our community. To many of us that live on neighborhoods where hills make it difficult to maintain maximum privacy due to the geography, we are desperately asking that you don’t take away even more of our privacy by allowing these builders to have these absurd setbacks. Sincerely, Lisa and Chrisan Agraso 7979 Camino Predera Rancho Cucamonga, CA 91730. Page 90 Page 169 10/5/22, 8:30 PM Mail - Smith, Michael - Outlook https://outlook.office365.com/mail/id/AAMkADliOGI1ZWM1LTdiMjItNDQzYS05YTFmLThmZWZlOGVlZWI1YgBGAAAAAABF%2BMQS8LazSqK3eF3Z…1/3 Re: New Standards (DRAFT) for Development on Camino Predera Chuck Buquet <chuck@chasjoseph.com> Mon 03/21/22 11:37 To:Smith, Michael <Michael.Smith@cityofrc.us> Cc:dannv.dera@gmail.com <dannv.dera@gmail.com>;Lynn Massey <pfsmass@yahoo.com>;Renee Massey <reneemass1952@yahoo.com>;Suzanne Buquet <suzanne@chasjoseph.com>;Christopher Nosrat <christopher.nosrat@gmail.com>;bill.mcninch@worleyparsons.com <bill.mcninch@worleyparsons.com>;Susan McNinch <mcninch10@gmail.com>;bsnedeker@greatdane.com <bsnedeker@greatdane.com>;Tom Snedecker <bestvehiclereg@yahoo.com>;Thomas Reyes <thomas.reyes@dxc.com>;judum4@gmail.com <judum4@gmail.com>;lsturbo@gmail.com <lsturbo@gmail.com> WARNING: The sender of this email could not be validated and may not match the person in the "From" field. CAUTION: This email is from outside our Corporate network. Do not click links or open aachments unless you recognize the sender and know the content is safe. Mike: Thanks again to you and Tabe for your time with the neighborhood Thursday evening for discussion of various draft Camino Predera Development Standards. As an initial follow up to this latest workshop, I have attached the draft Technical Standards for Development on Camino Predera document that I shared with you and attendees at the meeting and as per your request. As discussed at this most recent workshop, the handout you provided was not consistent with the prior exhibits and understanding of the neighborhood representatives for a number of items as listed on your handout. Regrettably, we spent the vast majority of the allotted one hour meeting time discussing the 14' height limit listed on your handout, which is the key concern as relates to view sharing for this neighborhood as it has been a consistent design for the majority of the Red Hill viewshed hillside areas. I will follow up with providing comments addressing the various draft Special Technical and Special Design criteria listed on your handout and prior iterations to help with clarification as may be needed concerning these draft development standards. I believe it very important to identify those draft Special Technical and Design criteria items listed where there is general consensus, versus those items simply opposed by those who want to develop and sell the lots. I also found it most interesting to hear our newest property owner who purchased the former Bardos lot using the term "share" several times during comments offering her objection to any limitation on the height of her future home built on the lot. The "not building in a hole" comment has likely been shared by one of the development proponents, and as I stated, the roadway was cut across the side of an existing natural hillside, and no "holes" were created during the roadway grading and construction. Red Hill has a view share precedent that has been established over the many years of government control of the viewshed hillside areas, and any indication that the City does not have a view protection ordinance appears disingenuous in recognizing what has been an established pattern of view sharing development well predating the City's Hillside Ordinance which requires development that respects the natural terrain and use of reduced building profiles that follow the contours of the natural hillside areas. Thanks for your help with this. Page 91 Page 170 10/5/22, 8:30 PM Mail - Smith, Michael - Outlook https://outlook.office365.com/mail/id/AAMkADliOGI1ZWM1LTdiMjItNDQzYS05YTFmLThmZWZlOGVlZWI1YgBGAAAAAABF%2BMQS8LazSqK3eF3Z…2/3 On Tue, Mar 15, 2022 at 8:53 AM Smith, Michael <Michael.Smith@cityofrc.us> wrote: Hello, all Attached are the DRAFT standards that will apply to development on Camino Predera that we will be discussing during the meeting this Thursday, 03/17. The draft standards are the derived from the previous workshops. The items in the green boxes are the new or revised standards. The red text in brackets identifies the current standard for reference. If you have any questions, let me know. Thanks. Mike Smith Principal Planner City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909) 774-4317 (direct) (909) 477-2750 ext. 4317 michael.smith@cityofrc.us -- Page 92 Page 171 10/5/22, 8:30 PM Mail - Smith, Michael - Outlook https://outlook.office365.com/mail/id/AAMkADliOGI1ZWM1LTdiMjItNDQzYS05YTFmLThmZWZlOGVlZWI1YgBGAAAAAABF%2BMQS8LazSqK3eF3Z…3/3 Please feel free to contact me at your earliest opportunity should you have any questions or need of additional information or assistance with this matter. Thanks Chuck Buquet, President Charles Joseph Associates 8816 W. Foothill Blvd #103-376 Rancho Cucamonga, CA 91730 909-481-1822 www.chasjoseph.com Our Office Hours are Monday-Thursday 9:00 AM-5:00 PM. Closed on Fridays. ***********************PLEASE NOTE ******************* This message, along with any attachments, may be confidential or legally privileged. It is intended only for the named person(s), who is/are the only authorized recipients. If this message has reached you in error, kindly destroy it without review and notify the sender immediately. Thank you for your help. Page 93 Page 172 Special Technical Standards for Development on Camino Predera Items needing to be incorporated into Exhibit A: Grading Planning Commission review will be required under any of the following circumstances:  Natural slopes are 15 percent or greater on all or part of the property, or  Cut and fill depth is 8 feet or greater, or  Combined cut and fill is 1,500 cubic yards or greater, or  Cut or fill encroaches onto or alters a natural drainage channel or watercourse, or  When a Minor Exception is filed concerning Hillside Development Ordinance requirements applicable to the project, or  As deemed necessary by the Grading Committee or Planning Director.  A separate Grading and Drainage Plan check submittal is required 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. Story Pole A Story Pole, independently verified as to correct height shall be installed on- site and protected by the contractor during the entirety of construction on the lot. The City will require an independent height survey be conducted prior to the framing inspection to ensure compliance with the approved height and prior to final permit inspection. Page 94 Page 173 10/5/22, 8:25 PM Mail - Smith, Michael - Outlook https://outlook.office365.com/mail/id/AAMkADliOGI1ZWM1LTdiMjItNDQzYS05YTFmLThmZWZlOGVlZWI1YgBGAAAAAABF%2BMQS8LazSqK3eF3Z…1/2 Camino Predera Renee Massey <reneemass1952@yahoo.com> Mon 03/21/22 13:05 To:Smith, Michael <Michael.Smith@cityofrc.us>;Van der Zwaag, Tabe <Tabe.VanderZwaag@cityofrc.us> 1 attachments (26 KB) img20220321_12591342.pdf; CAUTION: This email is from outside our Corporate network. Do not click links or open aachments unless you recognize the sender and know the content is safe. Hey Mike, Thanks again for organizing and leading the discussion at last weeks workshop (3/17/22). It would be unusual to have consensus on ALL the items on the proposed standards, but I think it's pretty good that there are only a few points where we cannot agree. I do believe we all agreed though to include the previous Garage Doors and Garage Dimensions sections that did not appear on the most current DRAFT. So, for the record, Lynn and I believe: 1. The building height on the South side of Camino Predera should be <10 feet. This would be consistent with the Danny Dera project (Lot 3) and with the Semler/Adams project (Lot 4, currently under construction). This would also be consistent with the Bardo's project (Lot 13) which was just under 10 feet but was not recommended for approval by the planning staff due to other reasons including side setback recommendations, and subsequently not approved by the Planning Commission. Due to the nature of the hillside and the history of this particular area, the <10 feet maximum would allow for view sharing with those on the North side of Camino Predera and the homes above on Red Hill CC Drive. 2. The Side Setbacks should be a minimum of 10/15 feet. This would be consistent with the Danny Dera project (Lot 3), the Patel project (Lot 16), and the Semler/Adams project (Lot 4, currently under construction). This would also be consistent with the Bardo's project (Lot 13) which was not recommended for approval by the planning staff who recommended the side setbacks be increased to 10/15 feet. The recommendations were not applied and the Planning Commission subsequently denied the project. 3. The Front Setbacks should be a minimum of 37 feet. Currently, it states 37 plus/minus 5 feet. I understand the plus/minus is "in the code" however, code items are changed and adjusted often. Thirty-two feet from curb is essentially twenty feet from sidewalk to the closest building wall plane on the front elevation. We don't believe that is appropriate for single family residences. It's too close. As a matter of record, it is also important to note that over the years, Planning Commissioners and Councilmembers alike have recognized this area to be one of Rancho Cucamonga's special gems and have expressed that the code be adjusted for this specific area. Page 95 Page 174 10/5/22, 8:25 PM Mail - Smith, Michael - Outlook https://outlook.office365.com/mail/id/AAMkADliOGI1ZWM1LTdiMjItNDQzYS05YTFmLThmZWZlOGVlZWI1YgBGAAAAAABF%2BMQS8LazSqK3eF3Z…2/2 Also, please include in the Standards, the document provided by Chuck Buquet regarding Grading and Story Poles. (see attachment) Sincerely, Renee and Lynn Massey Page 96 Page 175 10/5/22, 8:29 PM Mail - Smith, Michael - Outlook https://outlook.office365.com/mail/id/AAMkADliOGI1ZWM1LTdiMjItNDQzYS05YTFmLThmZWZlOGVlZWI1YgBGAAAAAABF%2BMQS8LazSqK3eF3Z…1/2 Re: New Standards (DRAFT) for Development on Camino Predera Saurabh Patel <lsturbo@gmail.com> Mon 03/21/22 12:02 To:Smith, Michael <Michael.Smith@cityofrc.us> CAUTION: This email is from outside our Corporate network. Do not click links or open aachments unless you recognize the sender and know the content is safe. Michael, I am okay with these changes except for the top of curb height of 14' on the south side of camino predera. This height is far too low for a standard home. This is a custom area where the typically top plate height should be a min. of 10' which would not allow for a standard roof pitch. The maximum top of curb height should be 22' which is a 8' decrease from the existing standards which is more than reasonable. Having too low of a building height will make the rest of the block look very awkward and will diminish the value of the community. Please include this as a comment for public records. Thank you for your time. Saurabh Patel Kirit Patel and Sneha Ice Lots 14, 15 and 16 On Tue, Mar 15, 2022 at 8:53 AM Smith, Michael <Michael.Smith@cityofrc.us> wrote: Hello, all Attached are the DRAFT standards that will apply to development on Camino Predera that we will be discussing during the meeting this Thursday, 03/17. The draft standards are the derived from the previous workshops. The items in the green boxes are the new or revised standards. The red text in brackets identifies the current standard for reference. If you have any questions, let me know. Thanks. Mike Smith Principal Planner City of Rancho Cucamonga Page 97 Page 176 10/5/22, 8:29 PM Mail - Smith, Michael - Outlook https://outlook.office365.com/mail/id/AAMkADliOGI1ZWM1LTdiMjItNDQzYS05YTFmLThmZWZlOGVlZWI1YgBGAAAAAABF%2BMQS8LazSqK3eF3Z…2/2 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909) 774-4317 (direct) (909) 477-2750 ext. 4317 michael.smith@cityofrc.us -- Saurabh Patel Page 98 Page 177 10/5/22, 8:34 PM Mail - Smith, Michael - Outlook https://outlook.office365.com/mail/id/AAMkADliOGI1ZWM1LTdiMjItNDQzYS05YTFmLThmZWZlOGVlZWI1YgBGAAAAAABF%2BMQS8LazSqK3eF3Z…1/2 Camino Predera Hillside Development Code Recommendations Reyes, Thomas <thomas.reyes@dxc.com> Mon 03/21/22 09:36 To:Smith, Michael <Michael.Smith@cityofrc.us> Cc:Tom Snedecker <bestvehiclereg@yahoo.com> CAUTION: This email is from outside our Corporate network. Do not click links or open aachments unless you recognize the sender and know the content is safe. Good morning, Michael. Thank you for allowing us to parcipate in the discussion related to development codes for the Camino Predera lots. We have owned our property at 8072 Camino Predera since 1996 and all of us in this neighborhood purchased our property because of the view and beauful hillside landscape. Please consider our concerns below and add it as part of your recommendaons to the Planning Commiee for approval. Everyone should be aware that building a house in a flat, deserted area is much different than building a house on a hillside. Our community is fighng to preserve the natural contour and environmental landforms that makes our locaon a highly desirable place to live. Everyone who’s planning to develop new housing projects within our community should be sensive to preserving the local views of our environment. The designs for all new projects should conform with the landform rather than adjusng the landform to fit the house, such as filling the lots with dirt to raise their elevaon to increase their views. Also, please observe that all the plans being presented to the city are just empty shells. Aer the building is completed, these owners will start planng trees which will further diminish our views. Our meeng on 3/17/22 is a clear indicaon that there’s a great divide on ideas between the exisng homeowners and those who wish to build their new homes. In all our meengs, it is clear that the contenons are about the building height and setbacks for lots 10 through 16. I’m now wondering if we should allow different codes for these lots as opposed to the steep hillside lots on lots 1 through 9. I don’t believe there are any exisng contenons on these lots right now and therefore proposing we finalize those codes for those lots separate from the exisng highly contested lots. I’m proposing that we follow the design codes implemented south of Red Hill Country Club Drive and north of Camino Predera as it is a great precedent for the steep hillside properes. The locaon I’m referring to are 8535 to 8559 Red Hill Country Club Drive wherein the building height was set at no more than approximately 8 . I have aached pictures of the properes for your reference. I’m also aaching pictures of our sideyard and the vacant lot next to us. You will note that the builder of our property excavated several feet of dirt to insure my neighbors in the back do not lose their views. I’m also aaching addional photos of our backyard to show the result of this design in relaon to insuring our neighbor ’s view is not obstructed. If the new owners are willing to work with us, I’m sure there’s a way to make this a win- win for everyone. Unfortunately, what I oen hear from the new lot owners is “I can’t” live with the building height as opposed to finding a way to ensure that all our concerns are understood and respected. Thank you for taking the me to insure our concerns are noted and please help us preserve our rerement homes for us to enjoy the view and landscape. Sincerely, Tom and Alona Reyes 8072 Camino Predera, Rancho Cucamonga (909) 208-8411 Page 99 Page 178 Page 100 Page 179 Page 101 Page 180 Page 102 Page 181 Page 103 Page 182 Page 104 Page 183 Page 105 Page 184 Page 106 Page 185 Page 107 Page 186 Page 108 Page 187 Page 109 Page 188 Page 110 Page 189 Page 111 Page 190 10/5/22, 8:27 PM Mail - Smith, Michael - Outlook https://outlook.office365.com/mail/id/AAMkADliOGI1ZWM1LTdiMjItNDQzYS05YTFmLThmZWZlOGVlZWI1YgBGAAAAAABF%2BMQS8LazSqK3eF3Z…1/1 Camino Predera Standards Suzanne Buquet <suzanne@chasjoseph.com> Mon 03/21/22 16:25 To:Smith, Michael <Michael.Smith@cityofrc.us> WARNING: The sender of this email could not be validated and may not match the person in the "From" field. CAUTION: This email is from outside our Corporate network. Do not click links or open aachments unless you recognize the sender and know the content is safe. Good Afternoon Mike; As I tried to briefly recap on Thursday for our new Neighbor Sophia, so that she would have a bit of context other than what she has heard from the development side of the street, we have been standing up for 20 + years to try and stop more McMansions from going in. It simply makes no sense to have anything higher than 8 or 9 feet as that just wipes everything out for most of the original older homes that were here first. That said, I would be willing to compromise on the under 10 feet just to be able to move on from Adams and Patel's nastiness and bullying. In spite of Mrs. Adams spin, facts do matter. As it is 10' would essentially wipe out our view. Anything higher is simply going to wipe out what is left of view sharing for any of us who have been here since the beginning and are not in it for profit, unlike the folks who want no rules. As these are going to be custom homes and in consideration of our unique neighborhood, and all the walkers and people who live in this area and enjoy the views, 10 and 15 minimum side yard setbacks are the only common sense thing that will also offer any hope of a view share for us and the existing neighbors. We don't need more rooftops and blue skies. We love our City and would at least like to see a bit of it here and there in our own neighborhood. Thanks for your help as always, Best, Suzanne Buquet NOTE: The information transmitted in this message is intended to be confidential and for the sole use of the individual (s) or entity designated as the intended recipient. If the reader of this message is not the intended recipient, you are hereby notified that any retention, dissemination, distribution or duplication of this message is strictly prohibited. If you have received this message in error, please advise the sender immediately and delete it from your computer immediately. Thank you. Page 112 Page 191 10/5/22, 8:28 PM Mail - Smith, Michael - Outlook https://outlook.office365.com/mail/id/AAMkADliOGI1ZWM1LTdiMjItNDQzYS05YTFmLThmZWZlOGVlZWI1YgBGAAAAAABF%2BMQS8LazSqK3eF3Z…1/1 view from 8080 Camino Thomas Snedeker (GD) <tsnedeker@vvgtruck.com> Mon 03/21/22 14:22 To:Smith, Michael <Michael.Smith@cityofrc.us> Cc:reneemass1952@yahoo.com <reneemass1952@yahoo.com>;Suzanne Buquet <suzanne@chasjoseph.com> CAUTION: This email is from outside our Corporate network. Do not click links or open aachments unless you recognize the sender and know the content is safe. Mike, I appreciate you and Tabe taking the me and interest in our concerns of the future developments on Camino Predera. At last Thursdays meeng, most of the me was taken up over the view height standards. I, like most all of the residents on the north side, proposed a height limit much less than the 14' specified on the proposal sheet. We ranged from 8'to below 10' from curb to top of the project. I have aached a photo of the Adams home in progress of being built from the UPPER level of our home at 8080 Camino Predera. It is not completed yet and Mr. Adams tells us that the roof construcon will be a flat roof and could add about 2'more in height to the overall height from the curb. The plan calls for, I believe, about 9' although we would like to have seen an even lower height . As you can see by the picture, that if the 14'rule was adopted it would eliminate all but the sky. I say this also, because there are more lots to be built adjacent to this one to the east. I hope this gives you all a beer perspecve as to why we are so concerned. Thank you for your consideraon. ' Page 113 Page 192 10/5/22, 8:26 PM Mail - Smith, Michael - Outlook https://outlook.office365.com/mail/id/AAMkADliOGI1ZWM1LTdiMjItNDQzYS05YTFmLThmZWZlOGVlZWI1YgBGAAAAAABF%2BMQS8LazSqK3eF3Z…1/1 Camino Predera Workshop Robert Waddell <robert@waddellpainting.net> Mon 03/21/22 21:54 To:Smith, Michael <Michael.Smith@cityofrc.us> WARNING: The sender of this email could not be validated and may not match the person in the "From" field. CAUTION: This email is from outside our Corporate network. Do not click links or open aachments unless you recognize the sender and know the content is safe. Hello Mike- Thank you for all of your time and organization at the workshop on Thursday night. There are a few key points that I would like added to the record. I really hope that there is a way to get a set of standards that will keep everyone content. 1- The Building Height Maximum should be LESS THAN 10 feet. For the south side 2-The Side Setbacks should be set at 10/15 feet. Another thing that I feel could help avoid the conflict and the appeals would be a case case by case or lot by lot collaboration. After a few standards are modified. This would be helpful to the neighbors. The New Build and the City Council could possibly help reduce the delays... I would also like to see if I could view the plan in review for the Last Empty Lot on the Northside of Camino Predera. "Tave" mentioned that he would email it over to me. Thanks again for your valued time in these matters -- WADDELL WEBSITE Page 114 Page 193 Page 115 Page 194 Page 116 Page 195 Page 117 Page 196 Page 118 Page 197 Page 119 Page 198 10/5/22, 10:24 PM Mail - Smith, Michael - Outlook https://outlook.office365.com/mail/deeplink?Print 1/1 8081 Camino Predera United Harbour Logistics || Jay La <uhlsys@gmail.com> Thu 09/29/22 14:23 To:Smith, Michael <Michael.Smith@cityofrc.us> CAUTION: This email is from outside our Corporate network. Do not click links or open aachments unless you recognize the sender and know the content is safe. Hi Michael, Just got your notice on my property. I hope this meeting is good news, as I have been waiting about 2 years to start building. My Neighbor, next to me, bought is 6 months prior to my purchase was able to build with finish date end of 2022..but his process also dragged on and on. I hope to be a resident of Rancho within 2023. If I can offer anything to get the plan approve, let me know. -- Best, Jay La UNITED HARBOUR LOGISTICS LLC - FMC NO.024776N 12403 CENTRAL AVE # 368, CHINO, CA 91710 TEL:626-507-8042 Cell:626-652-5170 uhl@shipuhl.net * uhlsys@gmail.com * shipuhl.com Page 120 Page 199 Historic Preservation Commission and Planning Commission Agenda October 12, 2022 DRAFT MINUTES Rancho Cucamonga, CA 91729 7:00 p.m. The regular meeting of the Historic Presentation Commission and Planning Commission was held on October 12, 2022. The meeting was called to order by Chair Dopp 7:00 p.m. A.Roll Call Planning Commission present: Chair Dopp, Vice Chair Williams, Commissioner Morales, Commissioner Boling, and Commissioner Daniels. Staff Present: Jennifer Nakamura, Deputy Director of Planning; Matt Marquez, Director of Planning and Economic Development; Mike Smith, Principal Planner; Brian Sandona, Senior Civil Engineer; Serita Young, Assistant City Attorney Elizabeth Thornhill, Executive Assistant. B.Public Communications Chair Dopp opened public communications and hearing no one, closed public communications. C.Consent Calendar C1. Consideration to adopt Regular Meeting Minutes of September 14, 2022. Motion to adopt the minutes by Vice Chair Williams, second by Commissioner Daniels; Motion carried unanimously 5-0. D.Public Hearings D1. CONDITIONAL USE PERMIT MODIFICATION -STOR'EM SELF STORAGE - A request to modify an existing Conditional Use Permit to allow outdoor recreational vehicle and indoor personal storage at an existing 123,577 square foot recreational vehicle storage facility located within the Neo-Industrial (NI) Zone at 8530 Hellman Avenue and 9292 9th Street: APNs—0209-012-07 and 0209-012-06. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) Section 15301—Existing Facilities Mena Abdul-Ahad, Assistant Planner, presented Commissioners with a Staff Report and presentation (copy on file). Mena Abdul-Ahad mentioned the applicant is requesting to add personal self-storage to the exiting Conditional Use Permit and has also secured a lease agreement with the adjacent property to store RVs and Boats. Revised Resolution with minor changes and Conditions of Approval requiring the adjacent property have been placed on the dais for review. Chair Dopp opened Public Hearing. Applicant was present and available for questions. Attachment 2 Page 200 HPC/PC MINUTES – October 12, 2022 Page 2 of 6 Draft No comments from the Public, Chair Dopp closed Public Hearing. Commissioner Boling asked for clarification in the special conditions stating there is nothing that identifies the expanded use to include the leased space. Asked is it sufficient to have it only referenced in the Resolution that is being proposing tonight. Serita Young, Assistant City Attorney, stated for clarity it will be added to the initial condition. Commissioner Boling wanted to confirm and said from a public safety perspective (Fire and PD), any standard conditions from those entities that would apply to any new applicant for a similar situated outdoor storage facility also applies to the expanded use area. For the record, those standard conditions would be used for this expanded use, so there is no disparity on how we are treating this additional use as opposed to a new application to do the same type of business. Jennifer Nakamura, Deputy Director of Planning, assured him that any and all regulations are met as part of the Fire Prevention Departments regular inspection process. Commissioner Daniels asked would Fire and PD typically look at the site when a new business license is issued. Jennifer Nakamura replied that yes and said it would typically generate a fire inspection but when we confirmed with Fire that they did not have an inspection on record, that is why we added this condition to assure it would take place in a reasonable timeframe to make sure there are no issues. Commissioners Daniels stated for the record. he does have a recreational vehicle at this storage facility and indicated he does not have any financial conflict of interest. Chair Dopp asking for a motion to modify special condition #1 to update and add the additional leased space storage area to the approval. Motion to adopt Resolution 22-27 by Commissioner Boling, second by Commissioner Morales. Motion carried unanimously 5-0 vote. In addition to staff’s recommended changes. D2. MUNICIPAL CODE AMENDMENT DRC2020-00004 AND ZONING MAP AMENDMENT DRC2022- 00315 – CITY OF RANCHO CUCAMONGA – Consideration of a proposal to amend Title 17 of the Municipal Code to incorporate new development standards related to, for example, structure height, modifications to existing topographical conditions, and the City’s application processing requirements applicable to thirty-eight (38) properties that are located on the north and south sides of Camino Predera and all properties that have street frontage along Predera Court, a residential neighborhood generally located north of Foothill Boulevard/Pacific Electric (PE) Trail and west of Carnelian Avenue/Cucamonga Creek, in the Low Residential (L) Zone and amend the Zoning Map to establish an overlay zoning district (“Camino Predera Overlay”) that identifies which properties are subject to the new development standards; APNs: 0207-631-01 through -11 and -14 through -25, and 0207-641-01 through -15. These amendments are exempt from environmental review pursuant to Section 15161(b)(3) of the California Environmental Quality Act (CEQA) Guidelines. These items will be forwarded to City Council for final action —A request to modify Michael Smith, Principal Planner, presented Commissioners with a Staff Report and presentation (copy on file). Page 201 HPC/PC MINUTES – October 12, 2022 Page 3 of 6 Draft Chair Dopp opened Public Hearing. The following residents of Camino Predera expressed structure height concerns: • Satia Vega • Catherine Weber • Eric Weber • Suzanne Buquet • Tom Snedeker • Christopher Nosrad • Renee Massey, stated for the record, City Council recommended that the proposed house be reduced by approx. 10%, and side yard setback to be increased to reduce the overall massing of the house. • Jay Adams stated the 14 ft. height is doable, and the setbacks make sense. Jennifer Nakamura stressed the goal and direction from Council from the beginning was to find some common ground to get property owners along both sides of Camino Predera to find standards they can agree to. She mentioned staff spent over 2000 hours, as well as an estimated $15,000 in consultant time to try and see if we can come to some census with the community, was the primary focus. Once it was recognized we were never going to get to a consensus, staff had to use our recommendations to the Commission. The State of California has made housing production the priority in the State forcing local jurisdictions to accommodate. SB330 is one of those laws. As we were reviewing the standards, we recognized it was going to apply. Mike Smith reviewed the side yard setbacks requirements with the Commissioners. Commissioner Daniels asked were there CC&Rs for this tract when it was first developed. Mike Smith answered yes, but it was binding between the property owners. Not something we enforced. Commissioner Daniels stated it was mentioned there are 11 lots on the south side. He asked are those all-different property owners. Mike Smith replied that he does know multiple properties are owned by the same family. Commissioner Boling asked when did the current standards in the Hillside Overlay for the 30 ft. height maximum and the minimum 5/10 ft. side setbacks come into existence. Mike Smith responded he cannot say when it was adopted but it has been in existence for at least 20 years. Commissioner Boling asked what is the average height of a single-story family house. Mike Smith stated it would vary depending on the roof line but a typical height is 14 ft. Commissioner Morales asked for explanation if it went down to 10 ft. vs. 14 ft. Page 202 HPC/PC MINUTES – October 12, 2022 Page 4 of 6 Draft Mike Smith replied if we were a single-story house, as they are generally designed, we would have to excavate deeper into the existing grade. He said 14 ft. is a reasonable height to a typical single- story home. It is possible it could be 10 ft. but keep in mind these are optional standards because of SB330, we cannot make it go below the limit that is now in place. Jennifer Nakamura mentioned the 14 ft. limit is measured from the highest level. Also, to be considered is the type of slope. She said in our professional opinion, 14 ft. is an appropriate overall height. Vice Chair Williams mentioned this is assuming the applicant will chose to take the options. She did express how pleased she is with this and getting a standard in place was a goal 8 years ago. However, her concern is they will not choose the option that was set forth and will go with the old standards and if they do that, the appeal process is alive and well. Jennifer Nakamura explained the applicant can choose to use the existing standard that are in place, 30 ft. maximum height limit. It would go through a discretionary entitlement hillside design review process. Required will be a neighborhood meeting, noticing, public hearing, and appeal process is an option. We can encourage them to bypass the discretionary review process and go straight to a ministerial review if they do this saving time and money. She said the Planning staff will still do a full thorough review on that project, absorbing the costs. Commissioner Williams confirmed and stated if they choose the options we put forward, there is no appeal process available to the neighborhood. It becomes a ministerial decision. Chair Dopp asked Serita Young, can somebody make a reasonable argument that reducing the height by a couple feet and increasing the setbacks by 5 ft., does it really create a less intensive argument. Can somebody make that argument? Serita Young replied according to SB330, no. Commissioner Daniels asked if there were any consensus from the property owners on the south side what they would like to see. Mike Smith answered that his impression from workshops from property owners on the south side wanted the standards to stay the same. Chair Dopp stated he understands the passion on both sides. He has been the only individual up here who has been at all the hearings since where things got intense starting from 2019. This is nothing against anybody in the room, but each side is cherry picking lots as an example of what the development of Camino Predera can be. As a Planning Commissioner and start to sort things out in terms of setting strong standard for the neighborhood. It has always been his concern that one size fits all approach is going to make some people happy or unhappy under certain circumstances. As a Commission from his standpoint, we almost want all developers on the south side of the street to pick the optional standards. If you use the requirements it is going to be so much worse. Those are some of his initial thoughts. To be fair, do we really want Camino Predera to look like every other neighborhood in the city because it is unique. There is a lot of opportunity for a real community on Red Hill Country. Commissioner Daniels stated that staff has been put in a difficult position to satisfy both parties. What they are proposing is a good solution to the SB330. The existing residents have to realize without these options anybody can come in and propose a 30 ft. height building. He does believe what will Page 203 HPC/PC MINUTES – October 12, 2022 Page 5 of 6 Draft be built there will be very nice. He indicated staff has done a good job coming up with a solution to this dilemma. Commissioner Boling stated the City Council and the Planning Commission directed staff to bring the community together, communicate issues and concerns, identify common ground, compromise where appropriate, and attempt to reach consensus and after a number of years, after several community engagement meetings, it appears there are, but a few outstanding issues remain. Unfortunately, a true agreement is highly unlikely. Staff’s approach is a novel way to encourage new houses to be built, not required but encouraged to be built with greater difference to the north neighbors and include some of what they want on the north side without giving up everything that the south side already has. He is struggling to see the gives on the north side from the current existing standards that apply to the hillside overlay that exists throughout a good portion of the city. Staff has done it’s best in navigating a very emotionally charged and heartfelt issue of the effective property owners and he approves staff’s recommendation. Commissioner Morales stated there are a lot of strong feeling on both sides after 20 years. That is why it took 5 workshops to try and align everyone’s interests as much as possible. The 30 ft. height above the street was reduced down to 14 ft. and that was a big improvement. The 10 ft. height would make a future developer turn away and go with the 30 ft. height they could get. It also creates standard development guidelines for future developers, what City Council asked for that started all this. The 14 ft. height maximum above the street level would be best for the neighborhood character feeling for both sides of the street and make it look better. Vice Chair Williams concurs with her colleagues. The optional method is attractive enough to encourage people to use that. She hates to think there is a chance for more appeals. She does like having the optional set of standards and hopes staff will encourage people to take the option and help them along the way as much as they can. Chair Dopp expressed he is not happy with Sacramento telling us and putting our hands behind our back on this one to a large extent. He would like to have seen a foot or two on the setback and the height. It is what it is at this point. Motion to adopt Resolution 22-28 recommending approval to the City Council by Commissioner Boling, second by Commissioner Daniels. Motion carried unanimously 5-0 vote. E. Director Announcements Matt Marquez, Director of Planning and Economic Development, announced the following: • The City received APA award for the General Plan Update for PlanRC. Jennifer Nakamura and Matt Burris accepted the award on behalf of the City. Great work done by the community. • The City Council recently approved professional services agreement with Lisa Wise Consulting. Last time it was done was 2015. Focus on business attraction and help retain businesses. • He would like to hear feedback from the Commissioners on what they would like to hear on a regular basis and what would be useful to them. F. Commission Announcements - None G. Adjournment Page 204 HPC/PC MINUTES – October 12, 2022 Page 6 of 6 Draft Motion by Vice Chair Williams, second by Commissioner Boling to adjourn the meeting. Hearing no objections, Chair Dopp adjourned the meeting at 9:05 p.m. Respectfully submitted, ________________________ Elizabeth Thornhill Executive Assistant, Planning Department Approved: Page 205 Attachment 3 Page 206 Page 207 Page 208 ORDINANCE NO. 1012 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING MUNICIPAL CODE AMENDMENT DRC2020-00004 TO AMEND TITLE 17 OF THE MUNICIPAL CODE TO INCORPORATE NEW DEVELOPMENT STANDARDS AND ADOPTING ZONING MAP AMENDMENT DRC2022-000315 THAT WILL APPLY TO ALL PROPERTIES LOCATED ALONG CAMINO PREDERA AND PREDERA COURT, A RESIDENTIAL NEIGHBORHOOD GENERALLY LOCATED NORTH OF FOOTHILL BOULEVARD/PACIFIC ELECTRIC (PE) TRAIL AND WEST OF CARNELIAN AVENUE/CUCAMONGA CREEK, IN THE LOW RESIDENTIAL (L) ZONE; APNS: 0207-631-01 THROUGH -11 AND -14 THROUGH -25, AND 0207-641-01 THROUGH -15. THESE AMENDMENTS ARE EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15161(B)(3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES A.Recitals. 1.The City of Rancho Cucamonga is proposing to amend existing development standards by creating optional standards that would apply to the development of new, and modifications to existing, single-family residences, and similar related structures, on thirty-eight (38) vacant or improved properties located along Camino Predera and Camino Court (collectively, Tract 10035). In addition, the City proposes to create an overlay that identifies these properties along Camino Predera and Camino Court subject to the new optional development standards. 2.The City is proposing to amend Title 17 of the Municipal Code and Zoning Map for these properties that will be subject to these amendments. The City has prepared two amendments for this purpose consisting of Municipal Code Amendment DRC2020-00004 and Zoning Map Amendment DRC2022-00315 as described in the title of this Ordinance (hereafter referred to as “Amendments”). 3.As shown in Attachments “A” and “B”, the Amendments propose to amend Title 17 of the Municipal Code to establish new optional development standards and the Zoning Map to incorporate them into a new Zoning Overlay (hereafter “Camino Predera Overlay”), respectively. 4. On October 12, 2022, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the Amendments and concluded said hearing on that date. 5. On November 2, 2022, the City Council conducted a duly noticed public hearing on the Amendments, and all interested persons were given an opportunity to present oral and written evidence regarding the Amendments and concluded said hearing on that date. 6.All legal prerequisites prior to the adoption of this Ordinance have occurred. B.Ordinance. NOW, THEREFORE, it is hereby found, determined, and ordained by the City Council of the City of Rancho Cucamonga as follows: Attachment 4 Page 209 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. Findings. Based upon the substantial evidence presented to the City Council during the above-referenced public hearing on November 16, 2022, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. Per Section 17.22.040(C) of the Municipal Code, amendments to the Municipal Code and Zoning Map “may be approved only when the City Council finds that the amendment[s] are consistent with the General Plan goals, policies, and implementation programs.” These include the following Land Use and Housing goals: • Land Use LC-1.2 Quality of Place. “Ensure that new infill development is compatible with the existing, historic, and envisioned future character and scale of each neighborhood.” • Land Use LC-1.9: Infill Development. “Enable and encourage infill development within vacant and underutilized properties through flexible design requirements and potential incentives.” • Land Use LC-1.11: Compatible Development. “Allow flexibility in density and intensity to address specific site conditions and ensure compatibility of new development with adjacent context.” • Housing H-5.1: Development Review Processes. “Consider new polices, codes, and procedures that have the potential to reduce procedural delays, provide information early in the development process regarding development costs, and charge only those fees necessary to adequately carry out needed public services and improvements.” • Housing H-5.4: Development Standards. “Evaluate and adjust as appropriate residential development standards, regulations, and processing procedures that are determined to constrain housing development, particularly housing.” b. The Amendments identified herein have been processed, including, but not limited to, public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act (“CEQA”). c. Pursuant to the California Environmental Quality Act (“CEQA”) and the City’s local CEQA Guidelines, these Amendments are exempt from environmental review pursuant to Section 15161(b)(3) of the California Environmental Quality Act (CEQA) Guidelines. The proposed Amendments would not substantially increase the severity of effects relative to the environmental topics analyzed in the Certified EIR for the City’s General Plan, nor would the project require new mitigation measures or alternatives. Based on this evidence and all the evidence in the record, the City Council concurs with the Planning Commission and Planning Department staff’s determination that the Amendments will not have a significant effect on the environment and that the Amendments are exempt from environmental review. The City Council has considered the proposed exemption as described in the related staff report and oral reports related to the Amendments provided to the City Council by staff. d. The Amendments are consistent with the direction, goals, policies, and implementation programs of the General Plan, including without limitation, the Housing and Land Use Elements thereof, and will provide for development in a manner consistent with the General Plan. Page 210 e. The Amendments do not conflict with the policies and provisions of the current General Plan or the Hillside Overlay. The subject properties are not within any Planned Community, Specific Plan, and/or Master Plan. f. The City Council finds that the Amendments serve the important purpose of providing sufficient development standards that will apply to single-family residential development on thirty-eight (38) vacant and developed properties located along Camino Predera and Predera Court (Tract 10035). The City Council further finds that establishing new optional development standards and the Camino Predera Overlay protects the public health, safety, and welfare. g. The findings set forth in this Ordinance reflect the independent judgment of the City Council. 3. Determination on Municipal Code Amendment DRC2020-00004. Based on the findings set forth in this Ordinance and the totality of the administrative record before it, the City Council hereby approves Municipal Code Amendment DRC2020-00004 set forth in Attachment “A”, attached hereto and incorporated herein by reference. 4. The City Council hereby amends the Municipal Code as follows: Chapter 17.38 (“Overlay Zoning Districts and other Special Planning Areas”) to add the purpose, applicability, and optional development standards of the Camino Predera Overlay; Chapter 17.114.010 (“Special Area Map”) to add the Camino Predera Overlay to Figure 17.114.010-1; and Chapter 17.114.050 (“Overlay Zoning District Descriptions) to add the description of the Camino Predera Overlay as shown in Attachment “A”. 5. Determination on Zoning Map Amendment DRC2022-00315. Based on the findings set forth in this Ordinance and the totality of the administrative record before it, the City Council hereby approves Zoning Map Amendment DRC202-00315 as set forth in Attachment “B”, attached hereto and incorporated herein by reference. 6. The City Council hereby amends the Zoning Map. The parcels that are subject to the amendment are parcels identified by APNs: 0207-631-01 through -11 and -14 through -25, and 0207-641-01 through -15. For reference purposes, a list of the parcels affected by Zoning Map Amendment DRC2022-00315 is also included in Attachment “B”. 7. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. 8. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published within in the manner required by law. APPROVED AND ADOPTED THIS 2nd DAY OF NOVEMBER 2022. CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA BY: Page 211 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 held on the 2nd day of November 2022, by the following vote-to-wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATTEST: City Clerk of the City of Rancho Cucamonga Page 212 ATTACHMENT A MUNICIPAL CODE AMENDMENT DRC2020-00004 17.38.090 Camino Predera Overlay Zoning District A. Purpose. The purpose of the Camino Predera Overlay Zoning District is to identify the geographical area of developed and undeveloped properties that are located on the north and south sides of Camino Predera and all properties that have street frontage along Predera Court that is subject to the City’s optional development standards. B. Applicability. The Camino Predera Overlay Zoning District is generally located north of Foothill Boulevard/Pacific Electric (PE) Trail and west of Carnelian Avenue/Cucamonga Creek, in the Low Residential (L) Zone as depicted on the zoning map. The Camino Predera Overlay Zoning District applies to areas of the City indicated on the zoning map by the reference letter “CP” after the reference letter(s) identifying the base zoning district. C. Development standards. Properties designated Camino Predera Overlay Zoning District shall comply with the City’s hillside development regulations outlined in chapter 17.52 (Hillside Development) except as noted in this chapter. Standards Optional Standards Maximum Minimum Building Height -South side of Camino Predera 14 feet1 None -North side of Camino Predera 25 feet None Building Setbacks -Front None 37±5 feet -Rear None 20 feet -Side None 5/10 feet Excavation/Fill 8 feet None Wall Height -Screen (Freestanding) 6 feet None -Retaining 8 feet None 1 - As measured from the curb at the street; D. Plan Check/Zoning Clearance. Applications for new residential construction for properties within the Camino Predera Overlay Zoning District utilizing the optional development standards are exempt from the Hillside Design Review process and shall only be subject to ministerial review per Section 17.16.030 (Plan Check/Zoning Clearance) Chapter 17.114.050 Overlay Zoning District Descriptions The Camino Predera (CP) Overlay Zoning District establishes optional development standards for 38 (thirty-eight) developed and undeveloped properties that are located on the north and south sides of Camino Predera and all properties that have street frontage along Predera Court, a residential neighborhood generally located north of Foothill Boulevard/Pacific Electric (PE) Trail and west of Carnelian Avenue/Cucamonga Creek, in the Low Residential (L) Zone. Optional development standards that will apply to these properties are identified in Chapter 17.38. A complete listing of additional development regulations for Camino Predera is included in Chapter 17.52 (Hillside Development). Page 213 Page 214 ATTACHMENT B ZONING MAP AMENDMENT DRC2020-00315 The Camino Predera Overlay applies to the following 38 parcels (identified by APN): 0207-631-01 0207-631-14 0207-641-01 0207-631-02 0207-631-15 0207-641-02 0207-631-03 0207-631-16 0207-641-03 0207-631-04 0207-631-17 0207-641-04 0207-631-05 0207-631-18 0207-641-05 0207-631-06 0207-631-19 0207-641-06 0207-631-07 0207-631-20 0207-641-07 0207-631-08 0207-631-21 0207-641-08 0207-631-09 0207-631-22 0207-641-09 0207-631-10 0207-631-23 0207-641-10 0207-631-11 0207-631-24 0207-641-11 0207-631-12 0207-631-25 0207-641-14 0207-631-13 0207-641-15 Page 215 11/02/2022 CITY COUNCIL MEETING: ADDITIONAL MATERIAL ITEM G1 Begin forwarded message: From: Renee Massey <reneemass1952@yahoo.com> Date: October 27, 2022 at 9:43:32 PM MDT To: "Michael, Dennis" <Dennis.Michael@cityofrc.us>, "Kennedy, Lynne" <Lynne.Kennedy@cityofrc.us>, "Scott, Kristine" <Kristine.Scott@cityofrc.us>, "Hutchison, Ryan" <Ryan.Hutchison@cityofrc.us> Cc: "Gillison, John" <John.Gillison@cityofrc.us> Subject: New Development Standards for Camino Predera CAUTION: This email is from outside our Corporate network. Do not click links or open attachments unless you recognize the sender and know the content is safe. Mayor Michael, Mayor Pro Tem Kennedy and Council Members Scott and Hutchison, Wednesday, November 2nd, will be a public hearing where this council will be deciding to approve, deny or amend the recommendation from staff and therefore the Planning Commissions recommendation for approval to council for final action. For the record, I believe any action should be postponed until the new member of the City Council that represents District 1 is seated. We will have NO representation that night if this matter is continued. I did contact John Gillison regarding this point but he concluded that Council can make that decision on Wednesday. I agree, but thought it would save everyone some time since I'm sure you all agree that representation is important. After all, that is what our country is about...representation. As you all know, our neighborhood has been working, in good faith, with the city over twenty years to bring reasonable changes to the last of the lots in Red Hill on Camino Predera. After 5 workshops, many neighborhood meetings, DRC, PC, CC meeting and appeals...it all came down to one PC meeting where, all of a sudden, staff presented a three year old Senate Bill that has never been mentioned in ANY workshops, discussions and/or meetings with staff members. Communication from staff has been non existent since the 5th Workshop, even though I have reached out a few times (see attached). I believed we had a good working relationship, as was encouraged by both the Planning Commissioners and of course this Council, to come up with a plan for the remaining lots that would be consistent with t he hillside homes from Red Hill CC Drive south to Camino Predera. The tiered homes are tiered BECAUSE OF THE SIGNIFICANT SLOPES which also creates one of the most amazing neighborhood communities in Rancho Cucamonga. And now, the Planning Commission is forwarding this recommendation for approval. Page 216 I am EXTREMELY DISAPPOINTED with the direction that this effort has taken and the recommendation that staff has prepared. Lynn and I will be attending the meeting on the 2nd along with our neighborhood ho me owners, and will be encouraging you to amend Staffs recommendation to a maximum height of 10ft. with side setbacks at 10/15ft to prevent crowding. Remember...the 4 previous projects that have been either approved or denied by Staff, PC and CC have all met this criteria (Lot 16 - approved at height 14ft but side setbacks at 10/15ft, Lot 13 - denied even though height was at 10ft but side setbacks were 5/10ft and Staff and PC recommended 10/15ft, Lot 4 -approved. Height is at 9.4ft and side setbacks are at 10/15ft, and Lot 3 - approved. Height is at 1ft with side setbacks at 10/15ft.) Because the city has established precedent...we recommend the Council amend Staffs recommendation. Feel free to respond or call me. I would love to hear from you. See you on the 2nd. Renee 909-560-2345 Page 217 11/02/2022 CITY COUNCIL MEETING: ADDITIONAL MATERIAL ITEM G1 From: Suzanne Buquet <suzanne@chasjoseph.com> Sent: Monday, October 31, 2022 12:22 PM To: Michael, Dennis <Dennis.Michael@cityofrc.us>; Kennedy, Lynne <Lynne.Kennedy@cityofrc.us>; Scott, Kristine <Kristine.Scott@cityofrc.us>; Hutchison, Ryan <Ryan.Hutchison@cityofrc.us> Cc: Gillison, John <John.Gillison@cityofrc.us> Subject: City Council Nov 2 Muni Code Honorable Mayor and City Council Members; Forgive me in advance as this is a bit long, but every word is important. As you know, we have lived in this Community for decades and in our beloved home, which we purchased in 1998, and this home is part of the original 38 lots in the 10035 Tract. We love this Community and have stepped up many times over the years to be a part of the solution with both time on Committees and money to help make Rancho Cucamonga the great City it is. As such, I am beyond disappointed that 20+ years of our time and efforts have resulted in nothing but broken promises by the City to protect the last view vista in Red Hill. Back in July of 2004, the then City Council upheld the appeal that Lynn & Renee filed on the former Stachowiak home, Lot 12 ( and then it was purchased and built by the Adams Building Company who along purchased lot 10 and 11). Diane Williams, who was then on the City Council, even stated that she was concerned that house would set the standard and guess what it did, and yet you’re considering allowing homes to be even larger. I do not doubt that staff is tired of this after 20-plus years and you know what, so are we. But it appears we have come full circle and not in a good way. I feel we have been totally gaslighted. I am simply at a loss as to how the SB 330 that the City has been fully aware of since 2018, even applies to this situation since it seems to be directed at development projects and low-income ones at that. Why suddenly is it being trotted out and being touted as the City has its hands tied, and thus can’t reduce density or intensity? WHAT!! Page 218 11/02/2022 CITY COUNCIL MEETING: ADDITIONAL MATERIAL ITEM G1 From: WINDOWS LIVE TEAM <jimbo6641@hotmail.com> Date: October 28, 2022 at 1:30:10 PM PDT To: "Michael, Dennis" <Dennis.Michael@cityofrc.us>, lynne.kennedy@ofrc.us, kristene.scott@cityofrc.us, "Hutchison, Ryan" <Ryan.Hutchison@cityofrc.us> Subject: Building heights and set-backs on Camino Predera CAUTION: This email is from outside our Corporate network. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mayor and Council members, My wife and I [James and Renee Scott] live at 8054 Camino Predera. We have attended several neighborhood workshops and a couple of the planning dept. meetings. We are very concerned about the building height and set backs of the planning commission's recommendation. This is such an incredible community, and we would very much like to see that it maintains its fantastic views and neighborhood goodwill. When we first moved here over six years ago, we were not planning to stay long, frankly, because of the political environment in california. But since then, we have come to love our neighborhood, our house with incredible views, and the city of Rancho Cucamonga as well. We also have property up off of Snowdrop Rd. and are considering building on that parcel. Needless to say, we are pro development. But development must have consideration of current home owners. We believe that in consideration of how the slope falls-off on the southside of Camino Predera and to keep a number of current homeowners relatively content, a building height of 10 Ft. from curb would be warranted and certainly not higher than 12 ft.. Side set-backs of no less than 10 ft. would also improve the look of future developments. We love our community and hope that you will give our thoughts consideration in your upcoming meeting. Looking forward to seeing you on Wednesday, respectfully, James and Renee Scott Page 219 Yet Planning now has “optional standards” to be able to rush the development crowd thru the process? And come to find out this is the ONLY street in the City to be able to rush thru this process and not even have to submit for Design Review or have to comply with the City Hillside Ordinance requirements. Again WHAT! While I appreciate Staff’s efforts regarding the Community Meetings, to expect or even consider that those who live in and love our unique Red Hill Community could come to a mutual agreement with those who want to build Mc Mansions, with view capture for profit, is certainly a serious misunderstanding of human nature and the capacity for greed. We want neighbors but not at the cost of wiping out the last remaining lots with more massive structures which is what is going to happen with the minimal side yard set backs of 5 and 10 and 14 feet homes. The last remaining lots are NOTa one-size-fits all even under the low residential guidelines. These are very generous-sized lots and really could have been zoned (VL), very low residential which would be an automatic 10 and 15 side yard set back with 25% lot coverage. Most of these lots are double the size of 7,200 sq feet and much closer to or exceed the 20,000 VL lot area guidelines. Seriously, if ONE developer was building on these last 14 lots, would we be expected to negotiate with them to try and preserve a bit of what makes our neighborhood special? And despite the claims, the majority of the lots at issue are owned by people who only want to build and sell at a premium and could care less about the neighborhood only profit, and planning just handed them a huge Golden Ticket. While I appreciate the creativity in providing “Optional Standards, have any of you really looked at those lots? Every single lot is unique and honestly, one or two may not even be buildable. Allowing Planning to throw out the current protections via the Hillside Guidelines, you’re giving people a free pass to build more Mc Mansions, and only now, you’re making it Building and Safety’s problem, which is exactly what started the problem in 2003 in our neighborhood. Page 220 And while you may not be familiar with the plan check process, I am. On a typical Design Review submittal, if planning misses pertinent information during their 30-day Design Review Process, how much will you think will be missed when their plan check deadline is 10 days and then 5 days? What if the house comes in looking like Disneyland and is purple? These Optional Standards are a disaster in the making, and rewards the developers by fast-tracking their project with minimal review and totally miss the point of compatibility with the remaining Red Hill lots. While we certainly never expected to have view capture, view sharing is certainly possible, and 10 and 15 side yard setbacks will at least help with that opportunity. Not only for the current stakeholders who have to live here and plan to continue to live here but ALL the residents who walk and bike daily on this last unique vista in Red Hill. Staffs comments on page 43 of the Planning Commission Agenda may suggest that 14 feet and 5 and 10 allow for an inviting character where houses along both sides “frame and have an aesthetic appeal” this makes our street like any other 7,200 S.F. lot in any part of the city. And it’s simply NOT like any other street in the City. While it sounds nice, it is fluff and not reality. This is not 4 to an acre zoning where 5 and 10 is typical, this really should have been rezoned to very low residential zoning and 10 and 15 should be the normal setbacks. All the walkers, riders and people who enjoy our beautiful area will be looking a wall of homes. Please remember that this is the LAST vista in Red Hill, which, if approved, will be just a wall of more Mc Mansions. You all saw the rendering that the City provided showing what 14 feet of homes up the street would look like and I think it's shameful that anyone would think that is acceptable for the last vista in Red hill. You may remember that in 2019, lot 13, Mr. Bardo’s lot was denied due to massing and 5 and 10-yard setback by THIS City Council and that home was under 10 feet, so where is the logic in this? How do you throw out the Hillside Standards, which are in place for a reason and put properties at risk by not providing a grading and drainage plan with the slopes that are out there? These lots are certainly not typical or average cookie cutter 7,200 square foot lots. Page 221 The sheer size of these lots allow for a LOT of flexibility for unique homes that fit the Hillside contours. Where are there any checks and balances with a Golden Ticket? I respectfully urge you to deny this “alleged solution” (which seems a lot more like making the pesky neighbors go away), or at a minimum, at least reduce the building heights to be under 10 feet and the 10 and 15 side yards so we can still maintain a bit of what makes this street special for everyone. Please, no Golden Tickets for Mc Mansions which planning allowed to happen so many years ago. And it seems very strange as to why this seems to be on the fast track and being rushed through with no heads up or communication from planning that this was scheduled for the November Planning Commission until the summons in the mail. And this is now being rushed to City Council this Wednesday.... Respectfully, Suzanne Buquet (909) 373-7550 Page 222 Council Member Ryan Hutchison, Firstly, I hope you are well. I am reaching out to you today regarding this Wednesday's Council meeting. I am IMPLORING you to postpone item (Gl) on the agenda until a representative can be elected and seated on the Council to represent our District 1. That person will be our voice, a voice we desperately need as we near a decision on our LONG twenty-two year journey with the city regarding building on Camino Predera. It will also give us time to study SB330 which at this point does not seem to apply to this area. This law has been in effect almost three years and not once has staff presented it at any meetings. Here's what I pray for on Wednesday: 1)For a postponement...OR ... 2)Amend the "optional standards" to read the maximum height at 10ft and side setbacks at 10/lSft. Since 2019, there have been four projects that have come before the city on these south lots and there is precedent for our request. See the following: Lot 4 -This project was approved in 2019 with a height at curb under 10ft with side setbacks at 10/15ft. Lot 3 -Danny Dera Project was approved by PC on 3/13/2019 with no objections. The residence is . 7 feet below the street curb and has side setbacks greater than 10/15ft. Lot 13 -Bardo's project had a maximum height at curb of 10.5 ft with side setbacks at 5/lOft. Staff did not recommend approval. Planning Commission denied project. Mr. Bardos appealed to Council who offered to approve his project that night if he would increase his setbacks to 10/15/t as recommended by staff He refused, so on 5/5/21 City Council denied his project. Lot 16 -The Patel project was approved on 5/5/21. The height at curb is 13 ft. (not what we wanted, but close) and side setbacks at 10/15ft. Because these projects are "on the books" it is difficult to argue that what we have been working on for 22 years is not new. We have been very consistent. I look forward to speaking this Wednesday and hope to convince you to amend the "optional standards". Sincerely, Renee Massey 11/02/2022 CITY COUNCIL MEETING: ADDITIONAL MATERIAL ITEM G1 Received on 10/31/2022 3:00PM Page 223 Page 224 Page 225 Page 226 From: Catherine Weber <ccourserweber@hotmail.com> Date: November 1, 2022 at 7:11:03 AM PDT To: "Kennedy, Lynne" <Lynne.Kennedy@cityofrc.us>, "Scott, Kristine" <Kristine.Scott@cityofrc.us>, "Hutchison, Ryan" <Ryan.Hutchison@cityofrc.us>, "Michael, Dennis" <Dennis.Michael@cityofrc.us> Subject: SB 330 and the New Development Standards for Camino Predera CAUTION: This email is from outside our Corporate network. Do not click links or open attachments unless you recognize the sender and know the content is safe. I am a Camino Predera resident, and I am opposed to the proposed Optional Standards. Please see attached Letter to you, the City Council Members, regarding the standards and SB 330. Additionally, I ask that this issue be postponed until District 1 has representation. Sincerely, Catherine and Eric Weber 7997 Camino Predera 11/02/2022 CITY COUNCIL MEETING: ADDITIONAL MATERIAL ITEM G1 - RECEIVED 11/1/2022 Page 227 November 1, 2022 Rancho Cucamonga City Council Members, Dear City Council Members, I am a Camino Predera Resident, and I am opposed to the “Optional Standards” for our street. Additionally, I request representation be in place for District 1 before this decision is made. I am not an attorney, but I do have the ability to read and reason and believe that SB 330 is specifically about aligning the General Plan with Existing Zoning densities. See attached detail of the case from “Holland and Knight Alert” regarding YIMBY et al. v. City of Los Angeles et al.. The case before the City Council has nothing to do with densities and therefore SB 330 should not be the reason that the City Council abdicates its responsibility to the existing landowners. The attached article makes the case that Los Angeles will certainly appeal the decision. From the Article: ”Most critically, under the court's reading of the statute, even local governments that have harmonized their general plan and zoning standards would be precluded from applying those zoning standards if doing so would frustrate the development of the project at the proposed density. Local governments, for instance, would be categorically precluded from applying setback, height and yard requirements contained in their zoning codes if the application of those requirements would necessitate a density reduction.” The proposed decision before the City Council does not involve a density alignment with the existing zoning. This is a single-family development and there is not a change in density and zoning. I urge you, the City Council members, to postpone the vote on this critical issue that preserves the views of Camino Predera. Additionally, I urge the City Council to read the attached article and to use your own ability to reason. Sincerely, Catherine Weber 7997 Camino Predera, Rancho Cucamonga, CA 91730 310-916-1134 Page 228 Los Angeles Superior Court Decision May Disrupt Local Governments' Land Use Practices Court Rules Los Angeles Cannot Require Rezoning of Housing Site Included in General Plan Housing Element; Housing Element Compliant Projects Eligible for Expedited Permit Processing and Mandatory Approvals Holland & Knight Alert Andrew J. Starrels | William E. Sterling Elija Idioma Temas •Following its longtime practice, the City of Los Angeles Planning Department initially refused to process, and later denied, an applicant's proposal to build a multifamily development in an area of the San Fernando Valley that was zoned for single-family housing, but nonetheless had a general plan designation that allowed multifamily development. •A 2018 amendment to California's Housing Accountability Act (HAA) requires local governments to accommodate development at the density allowed in their general plan in circumstances where zoning ordinances are inconsistent with the general plan. •In a recent lawsuit against the City of Los Angeles, the applicant together with petitioner Yes In My Back Yard challenged the City's denial and argued that the amended HAA required local governments to accommodate the general plan's density, even when zoning classifications dictated lower densities. •This interpretation, if it prevails, has the potential to significantly disrupt local governments' practices with respect to processing requests for housing development approvals. YIMBY et al. v. City of Los Angeles et al.1 concerned a proposed 67-unit housing development in the Woodland Hills area of the San Fernando Valley.2 While the City of Los Angeles's (the City) general plan designated this area for multifamily residential developments, the zoning requirements imposed by the applicable Canoga Park-Winnetka-Woodland Hills-West Hills communities imposed a maximum density of one residence per lot, mandating single-family detached homes.3 The City cited this zoning designation, among other things, in denying the project.4 Page 229 Petitioner Yes In My Back Yard (YIMBY) alleged that the City's treatment of the project violated Senate Bill 330 (SB330),5 the Housing Accountability Act (HAA)6 and the Permit Streamlining Act (PSA).7 The Los Angeles Superior Court's interpretation, if it prevails, has the potential to significantly disrupt local governments' practices with respect to processing requests for housing development approvals. This alert focuses upon YIMBY's HAA-related argument and the court's discussion of that argument.8 Background on the HAA and Subdivision (j) Prior to 2018, the HAA did not account for situations where a general plan's standards conflict with zoning requirements with respect to allowable density. As the YIMBY court noted, this statutory silence allowed local governments to "avoid compliance with the HAA by maintaining low zoning densities that force a project into a discretionary rezoning process[,]" even where the density was permitted by the applicable general plan.9 The California legislature amended the HAA in 2018 to address this loophole, adding two sentences to the HAA that were codified as subdivision (j)(4): For purposes of this section, a proposed housing development project is not inconsistent with the applicable zoning standards and criteria, and shall not require a rezoning, if the housing development project is consistent with the objective general plan standards and criteria but the zoning for the project site is inconsistent with the general plan. If the local agency has complied with paragraph (2), the local agency may require the proposed housing development project to comply with the objective standards and criteria of the zoning which is consistent with the general plan, however, the standards and criteria shall be applied to facilitate and accommodate development at the density allowed on the site by the general plan and proposed by the proposed housing development project.10 The YIMBY petitioners alleged that precisely the scenario that the 2018 HAA amendments sought to prevent had occurred with respect to the Woodland Hills application: the general plan contemplated multifamily development, but the zoning classification established under the Community Plan specifically limited residential densities to one single-family residence per lot. In response, the City looked to the zoning limitation and said than the application was not complete and required no action by the City unless the applicant sought to change the zoning in a discretionary process. The Court's Interpretation Page 230 In resolving the parties' HAA dispute, the court closely parsed both sentences of subdivision (j)(4). With respect to the first sentence, the court reasoned that "a project is not inconsistent with [the broader category of] zoning standards…if it is consistent with the objective general plan standards even though the zoning is inconsistent with the general plan."11 In other words, "a city must look to its general plan if the zoning is inconsistent."12 The court found that "the Property's zoning is clearly inconsistent with the General Plan designation[,]"13 and accordingly its disposition ultimately turned on the first sentence of (j)(4). Nevertheless, the court also provided a lengthy and illuminating discussion of subdivision (j)(4)'s second sentence, adopting a reading that could have broader impacts on land use approvals. The parties disputed whether, absent an inconsistency between the general plan and zoning, local governments were required to accommodate the densities allowed by the general plan. The City had asserted that (j)(4) in its entirety only comes into play in the event of such an inconsistency. In the City's view, absent an inconsistency, it was entitled to apply its objective zoning standards (which included density limits as well as setback requirements, height limits, etc.) to a project, regardless of whether the application of those zoning standards would frustrate development at the allowable density.14 YIMBY, on the other hand, argued that each sentence of subdivision (j)(4) covers a different scenario: the first sentence applies in the event of an inconsistency between zoning and the general plan, while the second sentence applies where there is no such inconsistency. Thus, in YIMBY's view, "the first sentence…provides that a city must look to its general plan if the zoning is inconsistent, and the second sentence provides that a city may look to its zoning's objective standards if the zoning and general plan are consistent and must do so to facilitate and accommodate the site's density allowed by the general plan."15 Critically, YIMBY posited that "[i]n either circumstance, the city is required to permit the density allowed by the general plan."16 The court agreed with YIMBY, writing that "the City's interpretation ignores the plain meaning of the second sentence[,]" which "expressly permits a city…to require a project to comply with those objective zoning standards that are consistent with the general plan, but it must do so in accordance with the general plan density. The plain language of the second sentence does not require any inconsistency for the general plan density to apply."17 Thus, the court concluded, "section 65589.5(j)(4) requires a city to defer to its general plan's density requirements whether a property's zoning is consistent or inconsistent with the general plan."18 Implications Page 231 The City will almost certainly appeal the court's determination. Moreover, the facts presented here align with those of the Snowball case (Snowball West Investments, LP v. City of Los Angeles, Case No. 20STCP00771), which involved a different proposed housing project in another part of the City with RA-1 zoning.19 However, should the court's reasoning prevail, its interpretation of this provision has the potential to significantly limit local governments' discretion over proposed housing projects that are consistent with the general plan. Most critically, under the court's reading of the statute, even local governments that have harmonized their general plan and zoning standards would be precluded from applying those zoning standards if doing so would frustrate the development of the project at the proposed density. Local governments, for instance, would be categorically precluded from applying setback, height and yard requirements contained in their zoning codes if the application of those requirements would necessitate a density reduction. The court's reasoning also threatens an interpretive land use practice common in Southern California. Like many jurisdictions, the City long ago established a procedure for evaluating use permissibility that looked to a "hierarchical system of uses" regulated by its general plan and zoning ordinance. This hierarchy progresses from least restrictive to most restrictive, and recognizes that zoning classifications in areas allowing greater development intensity also permit less intensive uses. In other words, an area zoned for intensive commercial use categorically also permits less intensive commercial uses. In the YIMBY case, the City relied on an exhaustive argument about Footnote 9 in the City's General Plan to support its suggestion that the zoning ordinance and general plan were not in fact inconsistent, because Footnote 9 permitted more restrictive prohibitions such as density restrictions to be incorporated by reference into the general plan policies.20 The court rejected the longstanding use of the cascading hierarchy of zoning restrictions to imply general plan consistency in circumstances that thwart the residential densities contemplated by the general plan. The YIMBY decision is remarkable for several reasons. First, despite claiming to afford deference to the City's interpretation of its own land use rules, the court seized upon an opportunity to find that state housing law principles aimed at the promotion of housing development took priority over local regulatory frameworks that traditionally have been used to thwart housing. Second, the YIMBY court went beyond the posited question where a zoning ordinance conflicted with a jurisdiction's general plan, ruling that even where there is consistency between plan and zoning, an objective zoning limitation cannot be enforced if the result would be to reduce the density of housing contemplated by a jurisdiction's general plan. Last, the court emphatically rejected the long-held practice and policies of the City's Planning Department, ruling that violations of SB330, the HAA and the PSA occurred when the Page 232 City, as it has long done, finds that applications are not complete and refuses to process them when they do not conform to a staff-level determination of how an application should be processed. If the ruling prevails through appeal, the implications for how the City and other jurisdictions process housing applications could be far- reaching. Notes 1 YIMBY et al. v. City of Los Angeles et al., Case No. 21-STCP-03883 (Cal. Super. Ct. July 29, 2022). 2 Decision at 1. 3 Decision 1, 13-14. 4 Decision at 1. Initially, the applicant sought a preliminary application approval under Senate Bill 330 (SB330), a state law that aims to lock in place existing development standards under which an application will be evaluated. Decision at 6. Initially, the City of Los Angeles (the City) refused to process the SB330 application, claiming it to be incomplete because it did not seek a zone change for the property and misstated the application for a density bonus. In a separate portion of its decision, the court ruled that the City's conduct violated SB330 and the Permit Streamlining Act (PSA). 5 Cal. Gov. Code § 65941.1. 6 Cal. Gov. Code §§ 65589.5 et seq. 7 Cal. Gov. Code §§ 65920 et seq. 8 The court also discussed the City's conduct with respect to the proposed project in other ways, raising other issues that are beyond the scope of this alert. 9 Decision at 28. 10 Cal. Gov. Code § 65589.5(j)(4). 11 Decision at 29. 12 Decision at 29. 13 Decision at 33. 14 Decision at 29-30. Page 233 15 Decision at 29. 16 Decision at 29. 17 Decision at 30. The court's interpretation of the second sentence of subdivision (j)(4) is dicta, inasmuch as it rules that the first sentence of the subdivision applies in the event of an inconsistency. However, the order clearly announces that general plan density requirements prevail of zoning requirements that operate to limit general plan density. 18 Decision at 30. 19 In Snowball, a different L.A. Superior Court judge denied a petition for mandamus following the City's denial of a zone change under similar circumstances: the general plan category for the project contemplated as many as 244 homes, but the zone category would permit only 19 homes. The City required the applicant to seek a zone change. The Snowball court reached the opposite conclusion of YIMBY – accepting the City's contention that no inconsistency existed between the general plan and the zoning ordinance, despite the disparity in allowable residential units, because a similar footnote in the plan incorporated by reference all more restrictive zoning categories into the plan. Finding no such inconsistency to exist, the Snowball court concluded that the HAA did not apply and the City was not obligated to grant an application seeking to make use of the general plan's contemplated density. Snowball is on appeal to the Second Appellate District Court of Appeal, and briefing has begun. 20 The Snowball court encountered a nearly identical footnote in a different portion of the City's general plan, and sustained the City's long time practice of hierarchical zoning interpretation – finding no conflict between plan and zoning to exist. Information contained in this alert is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice, which relies on a specific factual analysis. Moreover, the laws of each jurisdiction are different and are constantly changing. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have specific questions regarding a particular fact situation, we urge you to consult the authors of this publication, your Holland & Knight representative or other competent legal counsel. Page 234 Item G1: Massey PowerPoint Presentation 11/2/2022 Page 235 Page 236 Page 237 Page 238 Page 239 Development Code/Zoning Map Amendment Camino Predera Overlay City Council November 2, 2022 RED HILL NEIGHBORHOOD CAMINO PREDERA NEIGHBORHOOD CAMINO PREDERA –NORTH-TO -SOUTH ELEVATION CHANGE HILLSIDE OVERLAY MAP DEVELOPMENT REVIEW PROCESS –Camino Predera Development Application Neighborhood Meeting Design Review Committee Planning Commission Plan Check City Review Permit Issuance TIMELINE SUMMARY •Workshop #1 on August 8, 2019 @ Lions Center West o Introduction, general conversation, and determination of scope •Workshop #2 on September 9, 2019 @ Valle Vista Elementary School o Group sessions and discussion of preliminary standards •Planning Commission #1 on January 22, 2020 •Workshop #3 on January 30, 2020 @ City Hall o Focused discussion with the residents of Camino Predera •Workshop #4 on July 29, 2021 @ City Hall o Discussion and sharing of proposed/preferred new standards •Workshop #5 on March 17, 2022 @ City Hall o Check-in discussion of potential new standards COMPARISON OF HILLSIDE DEVELOPMENT STANDARDS Maximum Minimum Maximum Minimum Maximum Minimum Building Height -South side of Camino Predera 30 feet None 14 feet None 7-10 feet None -North side of Camino Predera 30 feet None 25 feet None 25 feet None Building Setbacks 37 feet 37 feet +/- 5 feet +/- 5 feet -Rear None 20 feet None 20 feet None 20 feet -Side None 5/10 feet None 5/10 feet None 10-15 feet Building Separation None None None None None 10-20 feet Excavation/Fill 5 feet None 8 feet None 8 feet None Wall Height -Screen (Freestanding) 6 feet None 6 feet None 6 feet None -Retaining 4 feet None 8 feet None 8 feet None Current Standards New Standards (proposed by Staff) New Standards proposed by Owners (North) -Front None None None 37 feet SENATE BILL 330 (SB330) •Signed by Governor in October,2019 •Cities may not change their General Plan land use designation or Zoning for any parcel to a less intensive residential use based on the land use in effect as of January 1,2018 •Includes reductions to development requirements,e.g.height,density, FAR,and lot size;new/increased setbacks,frontage,or lot coverage ;or anything that would lessen the density or intensity of housing •However,cities are not limited if there are concurrent changes in the standards applicable to other parcels to ensure that there is no net loss in residential capacity PROPOSED CAMINO PREDERA OPTIONAL DEVELOPMENT STANDARDS Standards Maximum Minimum Building Height -South side of Camino Predera 14 feet1 None -North side of Camino Predera 25 feet None Building Setbacks -Front None 37±5 feet -Rear None 20 feet -Side None 5/10 feet Excavation/Fill 8 feet None Wall Height -Screen (Freestanding) 6 feet None -Retaining 8 feet None   1 - As measured from the curb at the street; Optional Standards     PROPOSED CAMINO PREDERA OVERLAY ZONING DISTRICT DEVELOPMENT REVIEW PROCESS –Camino Predera Using Optional Development Standards Development Application Neighborhood Meeting Design Review Committee Planning Commission Plan Check City Review Permit Issuance •The Planning Commission considered this item on October 12, 2022 •Public Comment Centered on Three Areas •SB 330 Applicability •Maximum Building Height •Side Yard Setbacks PLANNING COMMISSION HEARING PLANNING COMMISSION AND STAFF RECOMMENDATION The Planning Commission and staff recommend the City Council conduct first reading of Ordinance 1012 by title only to: o Amend the Zoning Map to establish a new Camino Predera Overlay Zone;and o Amend Title 17 of the Municipal Code to incorporate new optional development standards for the Camino Predera Overlay Zone DATE:November 2, 2022 TO:Mayor and Members of the City Council INITIATED BY:John R. Gillison, City Manager FROM:Michael Frasure, Director of Building and Safety Services SUBJECT:Public Hearing for Consideration of Second Reading and Adoption of Ordinance No. 1011, to be Read by Title Only and Waive Further Reading, Adopting the 2022 Edition of the California Building Model Codes and the 2021 Edition of the International Building Codes. (ORDINANCE NO. 1011) (CITY) RECOMMENDATION: It is recommended that the City Council adopt the 2022 California Model Codes and applicable 2021 International Codes. The effective date of the Ordinance would be January 1, 2023. Additionally, December 21, 2022, will be the last day to submit applications at City Hall and December 31, 2022, will be the last day to submit permit applications by electronic document submittal for projects designed under the current 2019 code standards. BACKGROUND: The California Building Standards Commission recently adopted the 2022 Edition of the California Building Codes, which is also known as the California Code of Regulations, Title 24 (CCR, T-24). The 2022 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 2021 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, 2023. 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 need 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 2022 California Building Codes are based on the International Building Code, Volumes 1 and 2, 2021 Edition, the International Residential Code, 2021 Edition, and the International Property Maintenance Code, published by the International Code Council (ICC); California Green Building Page 240 Page 2 Code 2021 Edition, published by a joint effort of different State agencies; the 2021 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, 2021 Editions, published by the International Association of Plumbing and Mechanical Officials (IAMPO); and the National Electrical Code, 2020 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 MISSION / VISION / 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 an outstanding vision of maintaining up-to- date construction requirements and great public safety. ATTACHMENTS: Attachment 1 – Ordinance No. 1011 Page 241 Ordinance No. 1011 - Page 1 of 18 2 9 9 2 ORDINANCE NO. 1011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING BY REFERENCE THE 2022 CALIFORNIA BUILDING CODE, INCORPORATING THE "INTERNATIONAL BUILDING CODE, VOLUMES 1 AND 2", 2021 EDITION, INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA RESIDENTIAL CODE, INCORPORATING THE “INTERNATIONAL RESIDENTIAL CODE”, 2021 EDITION, INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA MECHANICAL CODE, INCORPORATING THE "UNIFORM MECHANICAL CODE", 2021 EDITION, INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA PLUMBING CODE, INCORPORATING THE "UNIFORM PLUMBING CODE", 2021 EDITION, INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA ELECTRICAL CODE, INCORPORATING THE "NATIONAL ELECTRICAL CODE", 2020 EDITION, INCLUDING ANNEXES THERETO; THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA HISTORICAL BUILDING CODE”, INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA REFERENCED STANDARDS CODE; THE 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE; AND THE 2021 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. Attachment 1 Page 242 Ordinance No. 1011 - Page 2 of 18 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 2022 California Building Code, based on the "International Building Code, Volumes 1 and 2", 2021 Edition, including all appendices thereto; the 2022 California Residential Code, based on the “International Residential Code”, 2021 Edition, including all appendices thereto; the 2022 California Mechanical Code, incorporating the "Uniform Mechanical Code", 2021 Edition; including all appendices thereto; the 2022 California Plumbing Code, incorporating the "Uniform Plumbing Code", 2021 Edition, including all appendices thereto; the 2022 California Electrical Code, incorporating the " National Electrical Code ", 2020 Edition; including all annexes thereto; the 2022 California Green Building Standards Code; the 2022 California Historical Building Code; the 2022 California Referenced Standards Code; the 2021 International Swimming Pool and Spa Code; and the 2021 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 243 Ordinance No. 1011 - Page 3 of 18 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 Section [A]113.1 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. 15.12.060 Section 1609.3 amended – Basic design wind speed. Page 244 Ordinance No. 1011 - Page 4 of 18 15.12.065 Section 1803.5.11 amended – Seismic design categories C through F. 15.12.070 Section 3109.3 added – California Swimming Pool Act. 15.12.080 Section J101 of Appendix J amended – Scope. 15.12.090 Section J101.3 of Appendix J added – Special requirements for hazardous conditions. 15.12.100 Section J103.2 of Appendix J amended – Exemptions. 15.12.110 Sections J104.5 and J104.6 of Appendix J added – 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 added – Site and lot grading for drainage. 15.12.140 Section J110.3 of Appendix J added – Temporary erosion control during grading. 15.12.150 Section J112 of Appendix J added – Protection of adjacent property. 15.12.160 Section J113 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: [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 Page 245 Ordinance No. 1011 - Page 5 of 18 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 Accessory 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 2022 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: Table 1505.1 Minimum Roof Covering Classification for different types of construction for new buildings, re-roofs or additions. Page 246 Ordinance No. 1011 - Page 6 of 18 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 3109.3 added – California Swimming Pool Act Section 3109.3 is hereby added to read as follows: 3109.3 There shall be 3 (three) drowning protection measures provided for the construction of a new or the remodel of an existing pool or spa. First required measure: An enclosure that meets the requirements of Section 115923 of the California Swimming Pool Safety Act and isolates the swimming pool or spa from the private single-family home. The second and third required drowning protection measures shall be 2 (two) of the remaining 6 (six) measures listed in Section 115922 of the California Swimming Pool Safety Act. 15.12.075 Section 107.3.4 amended- Design professional in responsible charge Section 107.3.4 is hereby amended by amending the first 2 (two) sentences to read as follows: It is required that documents be prepared by a registered design professional for all commercial and industrial applications. The building official requires the owner or the owner’s authorized agent to engage and designate on the building permit application a registered design professional or a California State licensed contractor who shall act as the registered design professional in responsible charge. 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. Page 247 Ordinance No. 1011 - Page 7 of 18 15.12.090 Section J101.3 of Appendix J added – Special requirements for hazardous conditions. Section J101.3 is hereby added to read as follows: J101.3 Special requirements for hazardous conditions. Whenever the Building 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 J103.2 is hereby amended to read as follows: J103.2 Exemptions: A grading permit is not required for the following: 1. When approved by the Building 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. Page 248 Ordinance No. 1011 - Page 8 of 18 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. 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 Sections J104.5 and J104.6 of Appendix J added – Permit application and submittal. Sections J104.5 and J104.6 are hereby added to read as follows: J104.5 Plan Information. In addition to the requirements in Section J104.2, the permittee shall provide other technical information as required by the Building and Safety Department’s hand- outs, policies and standards. J104.6 As-built plans. The permittee shall provide a copy of as-built plans to the City for a permanent record at the end of the approved grading work. 15.12.120 Section J105.1 of Appendix J amended – General. Section J105.1 is hereby amended to read as follows: 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. Page 249 Ordinance No. 1011 - Page 9 of 18 d. The drainage facility shall be designed with excess capacity to account for the probable lack of necessary maintenance. Therefore, it shall be designed to convey two times the runoff from a 100-year storm with the minimum diameter for a pipe being 12 inches. 15.12.135 Section J109.5 of Appendix J added – Site and lot grading for drainage. Section J 109.5 is hereby added to read as follows: J109.5 Site and lot grading for drainage. 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 added – Temporary erosion control during grading. Section J110.3 is hereby added to read as follows: J110.3 Temporary erosion control during grading work. The permittee shall put into effect and maintain all precautionary measures necessary to protect adjacent watercourses and public or private property from damage by erosion, flooding, and deposition of mud or debris origination from the site during the grading operation regardless of lot size. 15.12.150 Section J112 of Appendix J added – Protection of adjacent property. Section J112 is hereby added to read as follows: Section J112 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 of Appendix J added – Dust control. Section J113 is hereby added to read as follows: Section J113 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 250 Ordinance No. 1011 - Page 10 of 18 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 hereby amended by amending items 1 and 2 and adding new items 11 and 12 to read as follows: 1. One-story detached accessory structure used as tool and storage sheds playhouses and similar uses, provided the floor area does not exceed 120 square feet and 8 feet in maximum height as long as the structure is not located in required setbacks as determined by the Planning Department. 2. Wood, chain-link, plastic, metal or similar fences not over 6 feet in height or masonry, concrete fence not over 3 feet in height above the lowest adjacent grade. 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 Page 251 Ordinance No. 1011 - Page 11 of 18 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. 15.14.030 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 252 Ordinance No. 1011 - Page 12 of 18 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 15.14.070 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 253 Ordinance No. 1011 - Page 13 of 18 107.1 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 of Appendix H 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 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. Page 254 Ordinance No. 1011 - Page 14 of 18 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 under slab 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 of Appendix H amended – Multiple Installations. Section H701.2 of Appendix H 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 255 Ordinance No. 1011 - Page 15 of 18 "CHAPTER 15.24 ELECTRICAL CODE Sections: 15.24.010 Section 89.108.4.5 added – 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 added – 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.]” SECTION 10: Chapter 15.28 of Title 15 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: Page 256 Ordinance No. 1011 - Page 16 of 18 “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.]” 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. Page 257 Ordinance No. 1011 - Page 17 of 18 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 the later of thirty (30) days after adoption, or January 1, 2023. 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. Page 258 Ordinance No. 1011 - Page 18 of 18 PASSED, APPROVED, AND ADOPTED this day of , 20 . L. Dennis Michael ATTEST: Janice C. Reynolds, City Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the day of 2022, 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 20 , at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk Page 259 DATE: November 2, 2022 TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Mike McCliman, Fire Chief Rob Ball, Fire Marshal SUBJECT: Public Hearing for Consideration of Second Reading and Adoption of Ordinance No. FD-58, to be Read by Title Only and Waive Further Reading, An Ordinance of the Board of Directors of the Rancho Cucamonga Fire Protection District Adopting by Reference the 2022 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. (ORDINANCE NO. FD-58) (FIRE) RECOMMENDATION: Staff recommends that the Fire Board of the Rancho Cucamonga Fire Protection District holds a public hearing to receive a report and take comment on the adoption of Ordinance No. FD-58. Staff further recommends, upon the conclusion of the public hearing, that the Board moves to adopt Ordinance No. FD-58 which will adopt the 2022 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 this code is adopted and made effective July 1st in the triennial cycle, city and county fire departments and fire districts have six months to make amendments and adopt the code at the local level. 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. If the proposed ordinance is adopted, its provisions become effective January 2, 2023. ANALYSIS: This proposed 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 five code adoption ordinances, 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. These enhancements have been included in previous ordinances and reflect this Page 260 Page 2 community’s values and commitment to a culture of safety for residents, households, and businesses. The local amendments to construction provisions are minimal and are limited to those necessary to address the challenges inherent to Rancho Cucamonga’s climate, geology, or topography. 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. Staff asserts that the proposed amendments do not significantly impact development, construction, or business operations and thus will not have an adverse financial impact on developers or businesses. The proposed ordinance also carries over provisions from the 2019 Fire Code 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, life safety, and environmental protection codes and standards, but when persistent non-compliance has left no other options, the compliance efforts taken into the courts have a cost that is sometimes substantial. The provisions approved in 2019 and included in this proposed ordinance will allow District staff to more fully recover the costs of court cases and put the cost burden of gaining compliance on the violator and not on the general fund of the Fire District. These additions to the ordinance provide the best opportunity and tools to ensure the risk reduction, hazard mitigation, and safety that is expected and valued in Rancho Cucamonga is not a burden to those who comply with safety codes and standards. Additionally, the proposed ordinance adopts by reference the State’s fire safe regulations for the State Responsibility Area and Very High Fire Hazard Severity Zones within the Fire District’s jurisdictional boundaries. This adoption by reference puts the Fire District in compliance with the State’s requirements for providing fire protection and prevention services in designated wildland- urban interface fire areas. As with previous fire codes adopted by the State Fire Marshal, the 2022 fire code has some noteworthy changes. The battery and energy storage chapter has been significantly enhanced to address the rapid evolution of technology related to energy storage systems. Of particular note, previous codes have offered very little guidance on the use and storage of energy systems and products that utilize lithium battery technology. This has presented a challenge at the local level with providing consistent guidance to and regulation of an energy product with a known history of fire events. In Rancho Cucamonga, Prevention staff researched the subject of lithium batteries and became aware of literature that contained peer-reviewed industry best practices. This literature has served as local standards in an attempt to reduce the hazards of lithium batteries in storage and use. The 2022 California Fire Code includes nearly all of the safety provisions that the Prevention Bureau and Building Department have been using locally. Also new to the Fire Code is a section on additive manufacturing, which is also known as 3-D printing. This technology continues to improve rapidly and is seeing wider use, especially at the industrial scale. 3-D printing is a process that uses fine powders of various composition that are both a dust explosion and inhalation hazard. The inert gases used in the process can be asphyxiation hazards in enclosed spaces. The 2022 Fire Code incorporates NFPA standards by reference for the regulation of 3-D printing, classifies many of the materials used in the process as hazard materials already regulated by the Fire Code, and gives the local fire agency express authority to obtain technical information about the process and equipment before approving its use. Page 261 Page 3 A troubling trend several years ago of clothes dryer fires, especially in multi-tenant residential buildings, prompted Prevention staff to require regular maintenance of the dryers in accordance with the manufacturer’s specifications. The property management and maintenance staff of multi- tenant residential buildings have been required to keep a log of this maintenance work and make the log available for review by the fire inspectors during the annual inspection. New to the 2022 Fire Code is a specific requirement for clothes dryers to be regularly maintained in accordance with manufacturer’s specifications. Also not previously addressed by the Fire Code is escape rooms or puzzle rooms. When these entertainment businesses arrived in Rancho Cucamonga many years ago, the Fire District considered them to be similar to special amusement buildings, which include fun houses and haunted houses. The Fire District required the escape rooms to comply with the codes in place for special amusement buildings. This was not enthusiastically received by the owners and operators of the escape rooms because one of the main requirements of such entertainment occupancies is for exiting that complies with the Building and Fire codes. The early iterations of escape rooms wanted the exit doors to be locked as part of the puzzle that had to be solved in order to move to the next area. The Prevention Bureau and the Building Official were not willing to accept locked exits as part of a game. In the 2022 Fire Code, the term Special Amusement Building has been expanded in scope to include escape and puzzle rooms. The new term Special Amusement Area is inclusive of escape and game rooms and requires these entertainment venues to comply with the same codes as haunted houses and fun houses, which is the safety standard that has been in place locally for many years. In the 2019 code, the safety provisions for food trucks and other mobile food preparation vehicles were included in the Fire Code for the first time under the International based codes. It was a good addition to the code. In the 2022 Fire Code, oversight of mobile food prep vehicles has been taken out of the Fire Code and returned to county Health Departments. There is still a role for fire agencies with regard to the safety of food trucks, especially those with commercial cooking operations. The Fire District will continue to work cooperatively with the Health Department in providing safety for mobile food operations, the operators, and the patrons. 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 by a resolution of the Board to that effect. 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. As previously noted, the amendments affecting construction standards are minimal and not expected to adversely impact the cost of development. The safety enhancements that are continued by way of this ordinance have proven to be reasonable from a cost-benefit perspective. Page 262 Page 4 COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: The adoption of the 2022 California Fire Code, along with the proposed amendments, supports the Board’s vision of ensuring Rancho Cucamonga’s continued success as a world class community that is an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive and affirms the following stated values of the Fire Board: • Providing and nurturing a high quality of life for all. • Promoting and enhancing a safe and healthy community for all. • Building and preserving a family-oriented atmosphere. • Relentless pursuit of improvement. ATTACHMENTS: Attachment 1 - Ordinance No. FD-58 Page 263 Ordinance No. FD 58 Page 1 of 62 ORDINANCE NO. FD 58 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT ADOPTING BY REFERENCE THE 2022 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 57 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 2022 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 “governing body” shall mean the Board of Directors of the Fire District. 2.1.4 The term “jurisdiction” shall mean all of the territory, land, buildings, structures, and premises within the legal boundary of the District. 2.1.5 The term “Municipal Code” shall mean the Municipal Code of the City of Rancho Cucamonga. ATTACHMENT 1 Page 264 Ordinance No. FD 58 Page 2 of 62 2.2 Fees 2.2.1 Reasonable fees, not to exceed fully burdened actual costs, may be collected by the fire code official for fire protection planning, fire prevention services, inspections, 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 Fire District 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 Fire District additions and amendments are identified by the use of underlining. 2.3.4 Subsections where the text of the model code and/or California amendments has been deleted are identified by the > symbol preceding the subsection number. 2.3.5 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 2022 California Fire Code are adopted by this Ordinance and which chapters and appendices have been amended by this Ordinance. Page 265 Ordinance No. FD 58 Page 3 of 62 Fire Code Adoption Matrix – Divisions and Chapters Division/ Chapter/ Appendix Title Adopt California Code without Amendments Adopt California Code with Fire District Amendments Adopt IFC Model Code with State/ District Amendments Not Adopted - Reference Only Ch. 1 Division I California Administration X Ch. 1Division II Scope and 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 Storage of Distilled Spirits and Wines X Ch. 41-47 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 Pyrophoric Materials X Ch. 65 Pyroxylin (Cellulose Nitrate) Plastics X Ch. 66 Unstable (Reactive) Materials X Ch. 67 Water-Reactive Solids and Liquids X Ch. 68-79 RESERVED Ch. 80 Referenced Standards X Page 266 Ordinance No. FD 58 Page 4 of 62 Fire Code Adoption Matrix – Appendices 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 2022 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), hereinafter referred to as “this code.” SECTION 102 APPLICABILITY >102.6 Historic buildings. The provisions of this code relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the state or local jurisdiction as historic buildings where such buildings or structures do not constitute a distinct hazard to life or property. Buildings determined to be historic shall be subject to the applicable provisions of Chapter 11, the California Building Code, and the California Historical Building Code. Appendix Title Adopt Appendix without Amendments Adopt Appendix with Fire District Amendments Adopt IFC Model Code with State/ District 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 App. P Community WUI Wildland-Urban Interface Eval Framework X Page 267 Ordinance No. FD 58 Page 5 of 62 102.7 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 codes and standards shall be considered to be part of the requirements of this code to the prescribed extent of each such reference and as further regulated by 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 subject to the provisions of California Code of Regulations Title 14, Division 1.5, Chapter 7, Subchapter 2 known as the “SRA/VHFHSV 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/VHFHSZ Fire Safe Regulations are better suited to the conditions, circumstances, or practical difficulties existing or inherent in the SRA, the requirements of the SRA/VHFHSZ Fire Safe Regulations that are less restrictive than this code may be approved in whole or in part for a specific application or project. The approval of a less restrictive provision of the SRA/VHFHSZ 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/VHFHSZ Fire Safe Regulations are amended as follows: §1270.06 Exceptions to Standards. >(c) Where an exception is not granted by the inspection authority, the applicant may appeal such denial in accordance with Section 111 of this code. Page 268 Ordinance No. FD 58 Page 6 of 62 PART 2 – ADMINISTRATIVE PROVISIONS >SECTION 103 CODE COMPLIANCE AGENCY Deleted SECTION 104 DUTIES AND POWERS OF THE FIRE CODE OFFICIAL 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 been granted. 104.1.1 Appointment. The fire code official shall be appointed by the fire chief and shall hold the 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 appoint deputy fire code officials, 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. 104.3.2 Right to cure. When a property owner or owners fail to undertake the maintenance and repair of a fire apparatus access road or a private, onsite water supply system as defined by Fire District Standard 5-10, and the failure is not cured within 20 days after receipt of written demand from the Fire District to do so (or if such failure cannot reasonably be cured within such 20 day period, the property owner or owners shall have such longer period as may reasonably be necessary to cure the failure so long as the property owner or owners commence to cure such failure within the above 20 day period and thereafter diligently and continuously prosecutes such cure to completion), then upon reasonable prior notice, the Fire District shall thereafter have a license and right to enter upon the property for the sole purpose of undertaking and completing such maintenance and repair; provided, however, that the Fire District shall, upon completion thereof, repair all damage negligently caused by such entry and repair to the same condition as existed immediately prior to the Page 269 Ordinance No. FD 58 Page 7 of 62 commencement of such maintenance and repair work. The property owner or owners shall promptly reimburse the Fire District for the actual costs incurred in performing such work. 104.7 Liability. The fire code official, member of the board of appeals, officer, or employee charged with the enforcement of this code, while acting in that capacity for the jurisdiction, in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered civilly or criminally liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required or permitted by this code or by reason of an act or omission in the discharge of official duties. 104.7.1 Legal defense. Any suit or criminal complaint instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The fire code official or any subordinate 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. 104.9 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. 104.13 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 seq. 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. Any expense incurred by the District in responding to and securing such an emergency situation shall constitute a debt of such person and shall be collectible by the District in the same manner as in the case of an obligation under contract, expressed or implied. Fire inspection costs are recoverable in accordance with the District’s Fee Resolution. 104.14 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 111 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 type shall an award of attorney’s fees to a prevailing party exceed the amount of reasonable attorney’s fees. Page 270 Ordinance No. FD 58 Page 8 of 62 104.15 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 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: 1. Cutting away of any wall, partition, or portion thereof. 2. Removal or change of any required means of egress. 3. Rearrangement of parts of a structure affecting the egress requirements. 4. Addition to, alteration of, replacement, or relocation of any standpipe, fire protection water supply, automatic sprinkler system, fire alarm system, or automatic fire-extinguishing system. 5. Replacement of a fire alarm control unit. 6. Change to the fire alarm communicating method and/or equipment. 7. Any other work which, in the opinion of the fire code official, potentially affects fire protection or 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. >105.3.1.1 Expiration. [BSC] On or after January 1, 2019, every permit issued shall become invalid unless the work on the site authorized by such permit is commenced 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. The building official is authorized to grant, in writing, one or more extensions of time in accordance with the applicable policies, procedures, and/or ordinances. (See Health and Safety Code Section 18938.5 and 18938.6 for reference.) >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 and satisfactory reasons. The fire code official and/or the building code official are authorized to grant, in writing, one or more Page 271 Ordinance No. FD 58 Page 9 of 62 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. 105.4.1 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 transaction submitted for payment of the permit fee(s) is returned or declined. >105.5 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. >105.6 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 CONSTRUCTION DOCUMENTS >106.1 Submittals. Construction documents and supporting data shall be submitted in in accordance with the policies and procedures, and in such form and detail, as required by the fire code official and/or the building official. Construction documents shall be prepared by a registered design professional where required by state or local statutes or policies. Exception: The fire code official is authorized to waive the submission of construction documents and supporting data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code. 106.2.1 Information on construction documents. Construction documents are generally required to be drawn to scale. Documents are generally required to be submitted in a digital format with document settings and formatting in accordance with the policies and procedures of the District and the Building Department. Construction documents shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules, and regulations as determined by the fire code official and/or the building official. >106.4 Retention of construction documents. Construction documents shall be retained by the fire code official in accordance with the City of Rancho Cucamonga’s Retention Schedule. One set of approved construction documents shall be returned to the applicant and said set shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress. At the conclusion of the work, construction documents are required to be kept on the site or at another location where the documents are readily accessible to the building owner. Page 272 Ordinance No. FD 58 Page 10 of 62 SECTION 107 FEES 107.1 Fees. A permit shall not be issued until the fees, if any, have been paid, nor shall an amendment or change to a permit be released until the additional fee, if any, has been paid. >107.2 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. 107.2.1 Collection of fees. The collection of previously approved fees can be waived, or the amount collected can be reduced, by a resolution of the Board without affecting the approved fees. 107.4 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. 107.5 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 entity. 107.6 Refunds. The District is authorized to establish a policy allowing for refunds, reductions, or cancellations of fees that have been assessed or paid. >SECTION 111 APPEALS 111.1 Policies and procedures for 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 policies and procedures for appeals. Appeals shall be in accordance with Appendix A as amended and Fire District Standard 1-3. Note: The remainder of Section 111 is deleted and replaced with Fire District Standard 1-3. SECTION 112 VIOLATIONS 112.1 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 designees. Page 273 Ordinance No. FD 58 Page 11 of 62 112.3 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 113 and Fire District Standard 1-4, prosecution, and/or any and all penalties in accordance with this code. 112.3.3 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. 112.4 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 the maximum allowed by law 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 to or in lieu of each other. >SECTION 113 STOP WORK ORDER 113.1 General. A stop work order is authorized to be issued in accordance with Fire District Standard 1-4 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 Cucamonga or 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. Note: The remainder of Section 113 is deleted and replaced with Fire District Standard 1-4. Page 274 Ordinance No. FD 58 Page 12 of 62 >SECTION 114 UNSAFE STRUCTURES, EQUIPMENT, AND OPERATIONS 114.1 General. If during the inspection of a premises, a structure, any building system, or any operation regulated by this code or an approved or recognized standard, in whole or in part, a determination is made by the fire code official that conditions are an inimical threat to human life, safety, or health or otherwise unsafe, the fire code official is authorized to address, remove, or otherwise remedy the condition in accordance with Fire District Standard 1-4. Note: The remainder of Section 114 is deleted and replaced with Fire District Standard 1-4. SECTION 115 ACCESS RESTRICTIONS 115.1 Public Lands. The chief is authorized to determine when conditions exist on public lands within the designated wildland-urban interface fire area that present an immediate, exceptional, and/or continuing danger. Such conditions include, but are not limited to, critical fire weather conditions, a red flag warning or fire weather watch issued by the National Weather Service, dangerously low fuel moisture levels, density of the natural vegetation, imminent flooding or flooding in progress, and similar hazards to individual and community safety. Upon making such a determination, the chief is authorized to close the affected areas and prohibit entry with the concurrence, where applicable, of the federal, state, or local agency that has primary jurisdiction over the affected area. Exceptions: 1. Residents and owners of private property and their invitees whose regular access to their property is through an affected area. 2. Entry, while in the course of duty, by peace or police officers; officials and employees of the District, San Bernardino County Fire Protection District, CalFire, US Forest Service, and automatic and mutual aid fire departments; and all other public officials having legitimate business within the affected areas. 3. Entry by authorized persons engaged in the maintenance, repair, or installation of equipment owned and/or operated by public or private utilities or communications systems. 115.1.1 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. 115.1.2 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. 115.1.3 County Administered Lands. The closure of any public lands within the designated wildland-urban interface fire area that are administered by an agency or department of the County of San Bernardino shall be with the concurrence of the County Fire Chief / Warden 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. Concurrence of the Board of Supervisors is required to be obtained within 15 days of the effective date of the closure or at the next regularly scheduled meeting of the Board of Supervisors. Page 275 Ordinance No. FD 58 Page 13 of 62 115.2 Private Property. With the consent of an owner or owners of private property within the designated wildland-urban interface fire area, the chief is authorized to prohibit entry onto private property through the use of trespassing laws when the chief has determined that conditions exist that present an immediate, exceptional, and/or continuing danger to individual or community safety. 115.2.1 Notification. Signs prohibiting entry into or trespassing upon the property and indicating the existence of dangerous conditions shall be posted on or near the property. 115.3 Penalties. A person who is found to be in violation of orders issued under the authority of this section shall be subject to the penalties set forth in Section 112. CHAPTER 2 DEFINITIONS 201.1 Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this code, have the meanings shown in this chapter and Fire District Standard 2-1. 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 and life safety standards, such terms 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 vegetation 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 property and people. 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. Page 276 Ordinance No. FD 58 Page 14 of 62 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 any person. >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 required as set forth in Section 105. SECTION 310 SMOKING 310.1 General. The smoking or carrying of a lighted pipe, cigar, cigarette, or any other type of smoking paraphernalia or material is prohibited in accordance with the Municipal Code of the City of Rancho Cucamonga and in the areas indicated in this section. Page 277 Ordinance No. FD 58 Page 15 of 62 SECTION 314 INDOOR DISPLAYS 314.1 General. Indoor displays constructed within any occupancy shall comply with this section, 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, aircraft, boats, or other motorcraft shall not be located indoors except as follows: 1. The engine starting system is made inoperable or 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). 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, aircraft, 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. Page 278 Ordinance No. FD 58 Page 16 of 62 315.8 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. 316.6.1 Structures. Structures shall not be constructed within the utility easement beneath high- voltage transmission lines. Exceptions: 1. 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 community gardens, 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 community garden. 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 317 LANDSCAPED AND OCCUPIED ROOFS 317.1 General. Landscaped and occupied roofs shall be designed, constructed, installed and maintained in accordance with this section, Sections 1505 and 1507.15 of the California Building Code, and Fire District Standard 3-6. Page 279 Ordinance No. FD 58 Page 17 of 62 SECTION 324 WASTE HANDLING AND RECYCLING FACILITIES 324.1 General. Waste handling, recycling and scrap facilities, automobile wrecking yards, and junk yards shall be in accordance with Fire District Standard 3-4 and other applicable sections of this code. 324.2. Permits. Permits shall be required as set forth in Section 105. SECTION 325 WEED AND FIRE HAZARD ABATEMENT 325.1 General. Every owner of private real property within the jurisdiction 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 property, 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 fully 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 any and all other procedures set forth in this code for the abatement of nuisances and fire hazards. 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 areas; 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. Page 280 Ordinance No. FD 58 Page 18 of 62 SECTION 403 EMERGENCY PREPAREDNESS REQUIREMENTS 403.9.2.2 Emergency guide. An emergency guide shall be provided for Group R-2 occupancies. Guide contents, maintenance, and distribution shall comply with Sections 403.9.2.2.1 through 403.9.2.2.3. 403.9.2.2.1 Guide contents. The emergency guide shall describe the location and use of fire protection equipment and appliances available for use by residents, including fire alarm systems, smoke alarms, and portable fire extinguishers. Guides shall also include an emergency evacuation plan for each dwelling unit and any other information determined by the fire code official or the emergency management official to be beneficial in preventing, preparing for, mitigating, responding to, and/or recovering from emergencies and/or disasters. 403.9.2.2.2 Emergency guide maintenance. Emergency guides shall be reviewed and approved by the fire code official. Emergency guides shall be reviewed at least annually by 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. 403.9.2.2.3 Emergency guide distribution. A copy of the emergency guide shall be given to each tenant prior to initial occupancy. Updated versions of the emergency guide shall be given to all current tenants. 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. Electronic versions of the emergency guide and electronic distribution shall be acceptable. 403.11.1 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 403.11.1.1 and 403.11.1.2. 403.11.1.1 Duty Times. Fire watch and safety 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 safety standby personnel is being conducted. 403.11.1.2 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. Immediately report fires, smoke conditions, major injuries, significantly unsafe conditions, and other dangerous circumstances and public safety concerns by notifying 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. Page 281 Ordinance No. FD 58 Page 19 of 62 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, wear a uniform or be identifiable and distinguishable to the attendees and first responders. 403.11.2 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 to general public safety or where such gatherings could adversely affect public safety services of any kind, the fire code official shall have the authority to order the development of, or prescribe a 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. >SECTION 404 SAFETY, EVACUATION, AND LOCKDOWN PLANS >404.1 General. Where required by Section 403, safety, evacuation and lockdown plans shall comply with Sections 404.2 through 404.4.1. [California Code of Regulations, Title 19, Division 1, §3.10] Evacuation of Buildings. Upon notification of fire, conduct of any fire drill, upon activation of the fire alarm, or upon orders of the fire authority having jurisdiction, buildings or structures within the scope of California Code of Regulations, Title 19, Division 1 regulations shall be immediately evacuated or occupants shall be relocated in accordance with established plans. >404.2 Contents. Safety, evacuation, and lockdown plan contents shall be in accordance with Sections 404.2.1 through 404.2.3.2. >404.2.1 Evacuation plans. Evacuation plans shall include the following: Note: No changes to the numbered list. >404.2.2 Safety plans. Safety plans shall include the following: Note: No changes to the numbered list except for those indicated below with underlining. 5. A list of major fire and other hazards associated with the normal use and occupancy of the premises, including maintenance and housekeeping procedures. Page 282 Ordinance No. FD 58 Page 20 of 62 >404.3 Maintenance. Safety, evacuation and lockdown plans shall be reviewed or updated annually or as necessitated by changes in staff assignments, occupancy or the physical arrangement of the building. >404.4 Availability. Safety, evacuation and lockdown plans shall be available in the workplace for reference and review by employees, and copies shall be furnished to the fire code official for review on request. >404.4.1 Distribution. The safety, evacuation and lockdown plans shall be distributed to the tenants and building service employees by the owner or owner’s agent. Tenants shall distribute to their employees the applicable parts of the safety plan and lockdown plan affecting the employees’ actions in the event of a fire or other emergency. SECTION 405 EMERGENCY EVACUATION DRILLS 405.7 Notification. Where a fire alarm system that is monitored by a supervising station will be used to initiate an emergency evacuation drill, prior notification of the emergency evacuation drill shall be given to the fire code official. 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. 503.1.2 Additional access. The fire code official is authorized to require more than one fire apparatus road and/or points of access to fire apparatus access roads based on the potential for impairment of a single road or point of access by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access. 503.2 Specifications. Fire apparatus access roads shall be designed, engineered, installed and arranged in accordance with Sections 503.2.1 through 503.2.8 and Fire District Standard 5-1. [California Code of Regulations, Title 19, Division 1. 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. Page 283 Ordinance No. FD 58 Page 21 of 62 503.2.1 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 providing the required dimensions. 4. Dimensions may be increased when in the opinion of the fire code official required dimensions are not adequate to provide fire apparatus access 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. Temporary fire apparatus 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. 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. Fire apparatus access roads and public and private streets that provide access to fire apparatus access roads shall not be obstructed in any manner, including the Page 284 Ordinance No. FD 58 Page 22 of 62 parking or queuing 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 are required to be in accordance with Fire District Standard 5-1 and approved by the fire code official. 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 gates 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, as measured to the highest point of the building, shall be provided with approved aerial fire apparatus access roads capable of accommodating fire department aerial apparatus in accordance with this section and Fire District Standard 5-1. 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. Page 285 Ordinance No. FD 58 Page 23 of 62 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 to which the building is addressed. 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 buildings 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. 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 Appendix B as amended 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. Page 286 Ordinance No. FD 58 Page 24 of 62 >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 public or private street, on- site fire hydrants and mains shall be provided where required by the fire code official and in accordance with Fire District Standard 5-10. 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 in accordance with Fire District Standard 5-10. 507.5.1.2 Hydrant for fire department connections. A minimum of one fire hydrant is required to be installed in accordance with Fire District Standard 5-10 when a fire protection system has a fire department connection. SECTION 509 FIRE PROTECTION AND UTILITY EQUIPMENT IDENTIFICATION AND ACCESS 509.3 Multi-tenant or multi-unit buildings. When an automatic fire sprinkler system or systems or a fire alarm system or systems are installed in buildings constructed for multiple tenants and/or units and the installed systems protect multiple tenant spaces or units, the fire sprinkler riser(s), fire alarm control unit, and all other related valves, gauges, and/or controls for such systems shall be located in an attached or included room or approved weather resistant enclosure 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 to 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 COMMUNICATION COVERAGE 510.3 Permit required. Permits shall be required as set forth in Section 105. 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. Page 287 Ordinance No. FD 58 Page 25 of 62 CHAPTER 6 BUILDING SERVICES AND SYSTEMS SECTION 601 GENERAL 601.2 Permits. Permits shall be required as set forth in Section 105. SECTION 605 FUEL-FIRED APPLIANCES 605.5.2 Portable outdoor gas-fired heating appliances. Portable gas-fired heating appliances located outdoors shall be in accordance with Sections 605.5.2.1 through 605.5.2.3.4 and Fire District Standard 3-2. 605.5.2.1 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. 605.5.2.1.1 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 permitted in Chapter 61. 2. One- and two-family dwellings. 3. When used in accordance with Fire District Standard 3-2. 605.5.2.1.2 Clearance to buildings. Portable outdoor gas-fired heating appliances shall be located not less than 10 feet from buildings. 605.5.2.1.3 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. 605.5.2.1.4 Proximity to exits. Portable outdoor gas-fired heating appliances shall not be located within 10 feet of exits or exit discharges. 605.5.2.1.5 Storage. When stored inside of any occupancy, tent, canopy, or membrane structure, portable outdoor gas-fired heating appliances shall be disconnected from the fuel gas container. 605.5.2.3.3 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 ½ pounds [nominal 1-pound LP-gas capacity]. Page 288 Ordinance No. FD 58 Page 26 of 62 SECTION 606 COMMERCIAL COOKING EQUIPMENT, SYSTEMS, AND OPERATIONS 606.1 General. Commercial cooking equipment, systems, operations, 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. 606.1.1 Permits. Permits shall be required as set forth in Section 105. SECTION 608 MECHANICAL REFRIGERATION 608.11.1.2 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 610 CLOTHES DRYER EXHAUST SYSTEMS 610.1 Clothes dryer exhaust duct systems. Clothes dryer exhaust dust systems shall be in accordance with Sections 610.1.1 through 610.1.3. 610.1.3 Reports. Reports in a format acceptable to the fire code official are required to document the required maintenance of clothes dryer exhaust duct systems installed in Group R-1, R-2, R-2.1, and R-4 occupancies. 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 in accordance with Fire District Standard 8-1. >807.5.2.3 Artwork in classrooms. Artwork and teaching materials shall be in accordance with Fire District Standard 8-1. >807.5.5.2 Artwork in corridors. Artwork and teaching materials shall be in accordance with Fire District Standard 8-1. >807.5.5.3 Artwork in classrooms. Artwork and teaching materials shall be in accordance with Fire District Standard 8-1. Page 289 Ordinance No. FD 58 Page 27 of 62 CHAPTER 9 FIRE PROTECTION AND LIFE SAFETY 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 destroy, or otherwise disturb any fire protection or life safety system, or other appurtenance installed as a component of a fire protection or life safety system required by this code, except for the purpose of extinguishing fire, approved training, 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 equipment installed as part of a fire protection or life safety system. 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 9-3. >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 903.2.22 as amended. 2. In existing buildings and structures where an addition or cumulative additions to the original footprint of the building or structure creates a fire area that is required by Sections 903.2.1 through 903.2.22 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 903.2.22 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. Page 290 Ordinance No. FD 58 Page 28 of 62 903.2.1.1 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 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-1. 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. 5. 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. 5.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 4-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 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. Page 291 Ordinance No. FD 58 Page 29 of 62 903.2.1.5 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 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 F-1. 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 Group M 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 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.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. 903.2.7.2 Group M upholstered furniture or mattresses. An automatic sprinkler system shall be provided throughout a Group M fire area where the area used for the display and sale of upholstered furniture or mattresses exceeds 2,500 square feet. 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. 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. Page 292 Ordinance No. FD 58 Page 30 of 62 903.2.9.1 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 parking garages. An automatic sprinkler system shall be provided throughout buildings classified as parking garages where any of the following conditions exist: 1. Where the fire area of the enclosed parking garage, in accordance with Section 406.6 of the California Building Code, exceeds 5,000 square feet. 2. Where the enclosed parking garage, in accordance with Section 406.6 of the California Building Code, is located beneath other groups. Exception: Enclosed parking garages located beneath Group R-3 occupancies. 3. Where the fire area of the open parking garage, in accordance with Section 406.5 of the California Building Code, exceeds 12,000 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. 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. 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. 8. Underground key or hub gate valves in roadway boxes. 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. Page 293 Ordinance No. FD 58 Page 31 of 62 903.6 Where required in existing buildings and structures. An automatic sprinkler system shall be provided in existing buildings and structures where required in Chapter 11, Fire District Standard 11-1, and Section 903 as amended herein. 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 9-4, 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 606 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. 904.13 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 606 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. 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, Appendix O, and applicable Fire District Standards. Page 294 Ordinance No. FD 58 Page 32 of 62 906.1.1 Group S storage areas. Where approved by the fire code official, in storage areas of Group S occupancies where forklift, powered industrial truck, or powered cart operators are the primary occupants, portable fire extinguishers, as specified in NFPA 10 and CCR Title 19, shall not be required where the storage area is in accordance with all of the following: 1. Vehicle-mounted extinguishers approved by the fire code official are provided on all forklifts, powered industrial trucks, and powered carts, including those that are designated as back up, reserve, or standby vehicles. 2. Each vehicle is equipped with a 10-pound, 40A:80B:C extinguisher affixed to the vehicle using a mounting bracket approved by the extinguisher manufacturer or the fire code official for vehicular use. 3. Not less than two spare extinguishers of equal or greater rating shall be available on-site to replace a discharged extinguisher. Spare extinguishers are required to be of size and dimension to be properly restrained by the mounting brackets installed on the vehicles. 4. Vehicle operators shall be trained in the proper operation, use, and inspection of extinguishers through a training program approved by the fire code official. 5. Inspections of vehicle-mounted extinguishers shall be performed daily. 6. A 10-pound, 40A:80B:C extinguisher is installed at every exterior door in accordance with the applicable provisions of NFPA 10 and CCR Title 19. 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 procedures, listing certification, monitoring, notification appliances, equipment disconnect interfaces, and a posted zone map in new and existing buildings shall be in accordance with Fire District Standard 9-5. 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 9-5 and submitted for review and approval prior to system installation or commencing modifications, maintenance, or repairs. Exception: Emergency repairs as allowed by Fire District Standard 9-5. 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 monitoring and supervising station services shall attempt to verify an alarm signal originating from a residential or commercial protected premises prior to reporting the alarm signal to the public safety communications center. Verification shall be in accordance with NFPA 72 and Fire District Standard 9-6. Page 295 Ordinance No. FD 58 Page 33 of 62 907.2.30 Pet dealers and pet boarding facilities. An automatic fire alarm 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 sprinkler system installed and monitored by an approved supervising station in accordance with this code. >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. 907.6.6.2 MIY monitoring. Direct transmission of alarms Associated with monitor-it-yourself (MIY) transmitters to a public safety answering point (PSAP) are not be permitted. 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 9-5. 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. On existing buildings, wherever the 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 availability of a public utility to provide electric service for a fire pump, electrically driven fire pumps shall be provided with an alternate Page 296 Ordinance No. FD 58 Page 34 of 62 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 power shutoffs, and damage to the power grid caused by destructive natural events common in Southern California such as wildfires, Santa Ana winds, and earthquakes. 913.2.4 Alternate source of fuel. Notwithstanding the availability of a public utility to provide natural gas for a fuel powered fire pump, natural gas fueled fire pumps 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 natural gas supply caused by seismic activity. 913.2.5 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. SECTION 915 CARBON MONOXIDE DETECTION 915.1.1.1 Permits. Permits shall be required as set forth in Section 105. SECTION 916 GAS DETETION 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 Swimming Pools. Page 297 Ordinance No. FD 58 Page 35 of 62 SECTION 1013 EXIT SIGNS 1013.1 Where required. Exits and exit access doors shall be marked by an approved exit sign readily visible from any direction of egress travel. The path of egress travel to exits and within exits shall be marked by readily visible exit signs to clearly indicate the direction of egress travel in cases where the exit or the path of egress travel is not immediately visible to the occupants. Intervening means of egress doors within exits shall be marked by exit signs. Exit sign placement shall be such that any point in an exit access corridor or exit passageway is within 100 feet (30 480 mm) or the listed viewing distance of the sign, whichever is less, from the nearest visible exit sign. Exceptions: 1. Exit signs are not required in rooms or areas that require only one exit or exit access. 2. Main exterior exit doors or gates that are obviously and clearly identifiable as exits need not have exit signs where approved by the fire code official. 3. Exit signs are not required in occupancies in Group U and individual sleeping units or dwelling units in Group R-1, R-2, R-3, or R-3.1. 4. Exit signs are not required where inmates are housed or held in dayrooms, sleeping rooms or dormitories in occupancies in Group I-3. 5. In occupancies in Groups A-4 and A-5, exit signs are not required on the seating side of vomitories or openings into seating areas where exit signs are provided in the concourse that are readily apparent from the vomitories. Egress lighting is provided to identify each vomitory or opening within the seating area in an emergency. 6. In Group S occupancies approved for high-piled combustible storage where forklift, powered industrial truck, and powered cart operators are the primary occupants, exit signs are not required in the aisles, the shipping and receiving areas, or between exits and exit access doors. 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, and other applicable codes. 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. 1101.3 Permits. Permits shall be required as set forth in Sections 105. Page 298 Ordinance No. FD 58 Page 36 of 62 SECTION 1103 FIRE SAFETY REQUIREMENTS FOR EXISTING BUILDINGS 1103.5.3 Group I-2, Condition 2. In addition to the requirements of Section 1103.5.2, existing buildings of Group I-2, Condition 2 occupancy shall be equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1. The automatic sprinkler system shall be installed within a time frame established by the fire code official. CHAPTER 12 ENERGY SYSTEMS SECTION 1201 GENERAL 1201.1 Scope. The provisions of this chapter and Fire District Standard 12-1 shall apply to the installation, operation, maintenance, repair, retrofitting, testing, commissioning and decommissioning of energy systems used for generating or storing energy. It shall not apply to equipment associated with the generation, control, transformation, transmission, or distribution of energy installations that is under the exclusive control of an electric utility or lawfully designated agency. 1201.4 Permits. Permits shall be required as set forth in Section 105. SECTION 1203 EMERGENCY AND STANDBY POWER SYSTEMS 1203.1.6.1 Alternate source of power. Notwithstanding the availability of a public electric utility, an alternate source of power shall be provided when the manufacturer’s instructions, the listing, this code, or applicable referenced standards require equipment to have an uninterruptable power source. The public electric utility is not considered a reliable uninterruptable power source due to historical and foreseeable extended power interruptions along the California Power Grid due to high demand, high heat, public safety power shutoffs, and damage to the power grid caused by destructive natural events common in Southern California such as wildfires, Santa Ana winds, and earthquakes. 1203.1.6.2 Alternate source of fuel. Notwithstanding the availability of a public utility to provide natural gas for a stationary emergency power generator, natural gas fueled stationary 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 natural gas supply caused by seismic activity. SECTION 1204 PORTABLE GENERATORS >1204.10 Fire extinguisher. A listed portable fire extinguisher complying with section 906 with a minimum rating of 2-A:20-B:C shall be provided when a portable generator is in use. Based on the size and approved location of the portable generator, the fire code official is authorized to require additional fire extinguishers and/or fire extinguishers with a higher rating. Extinguishers are required to be located with respect to the portable generator as directed by the fire code official. Page 299 Ordinance No. FD 58 Page 37 of 62 SECTION 1205 SOLAR PHOTOVOLTAIC POWER SYSTEMS 1205.3 Other than Group R-3 buildings. Access to systems for buildings, other than those containing Group R-3 occupancies, shall be provided in accordance with Sections 1205.3.1 through 1205.3.3. 1205.3.2 Interior pathways. Interior pathways shall be provided between array sections to meet the following requirements: 1. Pathways shall be provided at intervals not greater than 150 feet throughout the length and width of the roof. 2. A pathway not less than 4 feet wide in a straight line to roof standpipes, ventilation hatches, and permanently installed ladders intended for firefighter use. 1205.3.5 Access ladders. Where access ladders are required and installed in accordance with Fire District Standard 5-6, a clear operational area at the base of the ladder of not less than 8 feet by 8 feet is required to be provided. This operational area is required to provide unobstructed access to a perimeter pathway and/or an interior pathway as required by this section and as determined by the fire code official. 1205.5.1 Vegetation control. A vegetation exclusion zone of not less than 10 feet shall be required around the perimeter of the ground-mounted photovoltaic arrays. A noncombustible base of gravel or other noncombustible base approved by the fire code official shall be installed and maintained under the photovoltaic arrays and associated electrical equipment installations. The fire code official is authorized to require additional vegetation exclusion and/or management consistent with the hazards and risks of the location where a ground-mounted photovoltaic array is installed. SECTION 1206 STATIONARY FUEL CELL SYSTEMS 1206.2 Permits. Permits shall be required as set forth in Section 105. SECTION 1207 ELECTRICAL ENERGY STORAGE SYSTEMS (ESS) 1207.1.2 Permits. Permits shall be required as set forth in Section 105. 1207.5.7 Vegetation control. Areas within 10 feet on each side of outdoor ESS shall be cleared of combustible vegetation and other combustible growth. The fire code official is authorized to require additional vegetation exclusion and/or management consistent with the hazards and risks of the location where an outdoor ESS is installed. 1207.6.5 Thermal runaway. Where required by table 1207.6 or elsewhere in this code, batteries and other ESS shall be provided with a listed device or other approved method acceptable to the fire code official to prevent, detect and minimize the impact of thermal runaway. 1207.10.3 Permits. Permits shall be required as set forth in Section 105. Page 300 Ordinance No. FD 58 Page 38 of 62 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. 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, International 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 24 FLAMMABLE FINISHES SECTION 2401 GENERAL 2401.3 Permits. Permits shall be required as set forth in Section 105. Page 301 Ordinance No. FD 58 Page 39 of 62 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. An operational permit is 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. 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 gallons per minute (gpm) fire flow for 2 hours shall be provided within 150 feet of all portions of the Page 302 Ordinance No. FD 58 Page 40 of 62 yard. When required fire flow cannot be provided, the fire code official is authorized to 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 30 INDUSTRIAL OVENS SECTION 3001 GENERAL 3001.2 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 Sections 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 inflatable amusement devices. The provisions of Section 3107 are applicable to outdoor assembly events. Other temporary structures shall comply with the California Building Code. SECTION 3103 TEMPORARY TENTS AND MEMBRANE STRUCTURES 3103.1 General. Tents and membrane structures used for temporary periods of 30 days or less shall comply with this section and Section 3106. Tents and membrane structures used for a period of 31 to 180 days shall comply with the California Building Code. Other temporary structures erected for a period of 180 days or less shall comply with the California Building Code. 3103.4 Permits. Permits shall be required as set forth in Section 105. 3103.8.2 Location. Tents or membrane structures shall not be located within 20 feet of lot lines, buildings, other tents or membrane structures, drive aisles available for vehicular use, parked Page 303 Ordinance No. FD 58 Page 41 of 62 vehicles, or internal combustion engines. For the purpose of determining required distances, support ropes and guy wires shall be considered as part of the temporary membrane structure or tent. SECTION 3105 TEMPORARY SPECIAL EVENT STRUCTURES 3105.3 Permits. Permits shall be required as set forth in Section 105. 3105.4 Use period. Temporary special event structures erected in accordance with ANSI E1.21 shall not be erected for a period of more than 30 days. 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. 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. 3201.2 Permits. Permits shall be required as set forth in Section 105. SECTION 3205 HOUSEKEEPING AND MAINTENANCE 3205.7 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. 3206.7.3 Access to doors. An all-weather surface of either asphalt or concrete not less than 3 feet in width is required to provide a continuous pathway connecting the exterior landings of the fire access doors. Fire department access doors shall be able to be accessed without the use of a ladder. Page 304 Ordinance No. FD 58 Page 42 of 62 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. SECTION 3208 RACK STORAGE 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 identified and equipped with approved protection devices in accordance with this section and Fire District Standard 32-1. Such devices and means of identification shall not be removed or modified. SECTION 3209 AUTOMATED STORAGE 3209.1 General. Automated storage shall be 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. 3301.3 Site safety plan. A site safety plan shall be provided in accordance with Section 3303 and 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 3303 OWNER’S RESPONSIBILITY FOR FIRE PROTECTION AND SITE SAFETY 3303.1 Program development and maintenance. The owner or owner’s authorized agent shall be responsible for the development, implementation, and maintenance of an approved, written site safety plan establishing a fire prevention and site safety program at the project site applicable throughout all Page 305 Ordinance No. FD 58 Page 43 of 62 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 submitted and approved by the fire code official before a building permit is issued. Any changes to the plan shall be submitted for approval. The approved site safety plan is required to be provided to everyone who is working on the site and reviewed with those who visit the site. SECTION 3304 TEMPORARY HEATING EQUIPMENT 3304.1 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 3305 PRECAUTIONS AGAINST FIRE, DAMAGE, AND INJURY 3305.4 Open burning and outdoor fires. Open burning and outdoor fires as defined by Fire District Standard 3-1 are prohibited at sites where construction, alteration, and/or demolition work is being performed. 3305.5 Fire watch and safety standby. Where required by the fire code official or the site safety plan established in accordance with Section 3303.1, a fire watch and safety standby shall be provided for building demolition and for building construction in accordance with section 403.11.1 and Fire District Standard 9-2. 3305.5.1 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 at any point along the building perimeter, for new multistory construction with an aggregate area exceeding 10,000 square feet of floor area, or as required by the fire code official and Fire District Standard 33-3. Exception: Group R-3 occupancies. 3305.5.2 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. 3305.6 Hot work. Welding, cutting, grinding, soldering or brazing with open 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 site safety director in accordance with Chapter 35, Fire District Standard 33-3, and Fire District Standard 35-1. 3305.8 Cooking and food warming. Cooking and food warming, including the use of microwave ovens and portable electrical devices, shall be prohibited except in approved designated cooking and food warming areas separated from combustible materials by a minimum of 20 feet. Signs with a minimum letter height of 3 inches and a minimum brush stroke of ½ inch shall be posted in conspicuous locations in designated cooking and food warming areas and state: Page 306 Ordinance No. FD 58 Page 44 of 62 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 site safety plan. SECTION 3310 FIRE AND EMERGENCY REPORTING 3310.1.1 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 fire suppression and other emergency services is 9-1-1. SECTION 3311 ACCESS FOR FIRE FIGHTING 3311.1 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. SECTION 3313 WATER SUPPLY FOR FIRE PROTECTION 3313.1 When required. An approved water supply for fire protection, either temporary or permanent, shall be made available prior to combustible material arriving on the site. Temporary water supply and fire hydrants shall be in accordance with Fire District Standard 33-2. Exception: Combustible materials used for the forms for thrust blocks, footings, foundations, slabs, and vertical panels and similar work when approved by the fire code official. 3313.2 Combustible building materials. Prior to combustible building materials of the building under construction being delivered to a site, a minimum fire flow of 1,500 gallons per minute shall be provided. The fire hydrant or one of the hydrants used to provide this fire flow shall be within 300 feet of the combustible building materials, as measured along an approved fire apparatus access road. Where the site configuration is such that one fire hydrant cannot be located within 300 feet of all combustible building materials, the fire code official is authorized to require additional and/or alternate means of providing adequate water supply for fire protection. 3313.3 Vertical construction of Types III, IV and V construction. Prior to commencement of vertical construction of Type III, IV or V buildings that utilize any combustible building materials, the fire flow required by Sections 3313.3.1 through 3313.3.3 shall be provided, accompanied by fire hydrants in sufficient quantity to deliver the required fire flow and proper coverage. Page 307 Ordinance No. FD 58 Page 45 of 62 3313.3.1 Fire separation up to 30 feet. Where a building of Type III, IV or V construction has a fire separation distance of less than 30 feet from property lot lines, the water supply shall provide the entire fire flow required by Appendix B as amended for the building when constructed. 3313.3.2 Fire separation of 30 feet up to 60 feet. Where a building of Type III, IV or V construction has a fire separation distance of 30 feet up to 60 feet from property lot lines, the water supply shall provide a minimum of 1,500 gallons per minute or 50 percent of the fire flow required by Appendix B as amended for the building when constructed, whichever is greater. 3313.3.3 Fire separation of 60 feet or greater. Where a building of Type III, IV or V construction has a fire separation greater than 60 feet from a property lot line, a water supply of 1,500 gallons per minute shall be provided. 3313.5 Standpipe supply. Regardless of the presence of combustible building materials, the construction type or the fire separation distance, where a standpipe is required in accordance with Section 3314, a water supply providing a minimum flow of 1,500 gallons per minute shall be provided. The fire hydrant used for this water supply shall be located within 100 feet of the fire department connection supplying the standpipe. SECTION 3314 STANDPIPES 3314.1 Where required. In buildings required to have standpipes by Section 905.3.1, not less than one standpipe shall be provided for use during construction. Such standpipes shall be installed prior to construction exceeding 30 feet in height above the lowest level of fire department vehicle access. Such standpipes shall be provided with fire department hose connections at locations adjacent to stairways complying with Section 3312.1. As construction progresses, such standpipes shall be extended to within one floor of the highest point of construction having secured decking or flooring. SECTION 3318 SAFEGUARDING ROOFING OPERATIONS 3318.1 General. Roofing operations utilizing heat-producing systems or other ignition sources shall be conducted in accordance with Sections 3318.2 and 3318.3, Chapter 35, and Fire District Standard 35-1. SECTION 3319 WILDLAND-URBAN INTERFACE FIRE AREAS 3319.1 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. 3319.2 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. Approval of the fire protection plan and completion of vegetation management in accordance with Section 3319.3 are required prior to grading and/or construction permits being approved. Page 308 Ordinance No. FD 58 Page 46 of 62 3319.3 Vegetation management. Approved Zone 0 and Zone 1 vegetation management shall be provided prior to combustible materials 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, by site-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. 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. Page 309 Ordinance No. FD 58 Page 47 of 62 CHAPTER 39 PROCESSING AND EXTRACTION FACILITIES SECTION 3901 GENERAL 3901.3 Permits. Permits shall be required as set forth in Section 105. CHAPTER 40 STORAGE OF DISTILLED SPIRITS AND WINES SECTION 4001 GENERAL 4001.2 Permits. Permits shall be required as set forth in Section 105. SECTION 4003 PRECAUTIONS AGAINST FIRE 4003.3 Sources of ignition. Sources of ignition shall be controlled in accordance with Sections 4003.3.1 through 4003.4. >4003.3.1 Smoking. Smoking shall be prohibited and “No Smoking” signs provided as follows: 1. Throughout indoor and enclosed areas of the premises. 2. Within 25 feet of outdoor storage, dispensing, or open-use areas. 3. “No Smoking” signs shall be placed at all entrances to buildings and enclosed areas. 4. In outdoor areas where flammable or combustible hazardous materials are stored, dispensed or used. SECTION 4004 STORAGE >4004.2 Empty containers. The storage of empty containers previously used for the storage of flammable or combustible liquids shall be stored as required for filled containers. CHAPTER 48 MOTION PICTURE AND TELEVISION PRODUCTION STUDIO SOUND STAGES, APPROVED PRODUCTION FACILITIES AND PRODUCTION LOCATIONS SECTION 4803 REQUIRED PERMITS 4803.2 Additional permits. A permit shall be required for: 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. Page 310 Ordinance No. FD 58 Page 48 of 62 SECTION 4807 FIRE SAFETY OFFICERS >4807.1 Where permits are required by the Fire Code, a requirement for standby fire safety officers shall be determined by the fire code official on a case-by-case basis. SECTION 4811 PRODUCTION LOCATIONS 4811.1 General. This chapter shall apply to production locations. >4811.2 Permits. A permit shall be obtained for any of the activities that follow: 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) Tents and canopies regulated by Chapter 31. g) Any additional permits required by the fire code official or Section 105. CHAPTER 49 REQUIREMENTS FOR WILDLAND-URBAN INTERFACE FIRE AREAS SECTION 4901 GENERAL 4901.3 Authority. Construction, vegetation management, and the mitigation of conditions that have the potential to destroy life and/or property, cause environmental damage, or overwhelm fire suppression capabilities due to a fire in the designated wildland-urban interface fire area are required to be in accordance with this code, this chapter, Fire District Standard 49-1, the California Building Code, the California Referenced Standards Code, and the California Residential Code. SECTION 4903 PLANS 4903.1 General. The fire code official is authorized to require the owner or owner’s authorized agent to provide a fire protection plan. The fire protection plan shall be prepared to determine the acceptability of fire protection and life safety measures designed to mitigate wildfire hazards presented for the property under consideration. The fire protection plan shall be prepared by a registered design professional, qualified landscape architect, qualified fire safety specialist or similar specialist acceptable to the fire code official and shall analyze the wildfire risk of the building, project, premises or region to recommend necessary changes. The fire code official is authorized to require a preliminary fire protection plan prior to the submission of a final fire protection plan. Fire protection plans are required to be in accordance with this chapter and Fire District Standard 49-1. Page 311 Ordinance No. FD 58 Page 49 of 62 Approved fire protection plans are required to be recorded on the parcel or parcels to which the plan pertains by filing the fire protection plan with the County Recorder as an agreement between the property owner and the Fire District that runs with the land. SECTION 4906 VEGETATION MANAGEMENT 4906.1 General. Planting of vegetation for new or replacement landscaping shall be selected to reduce non-fire-resistant vegetation in proximity to a structure and to maintain vegetation as it matures. 4906.2 Application. All new plantings of vegetation in State Responsibility Areas (SRA) and Local Responsibility Areas (LRA) designated as a Very High Fire Hazard Severity Zone shall comply with Sections 4906.3 through 4906.5.3. 4906.3 Landscape plans. Landscape plans shall be provided when required by the enforcing agency. The landscape plan shall include development and maintenance requirements for the vegetation management zone adjacent to structures and roadways, and to provide significant fire hazard reduction benefits for public and firefighting safety. 4906.3.1 Contents. Landscape plans shall contain the following: 1. Delineation of the 5-foot combustible exclusion zone. 2. Delineation of the 30-foot and 100-foot fuel management zones from all structures, or alternatively the 50-foot and 100-foot fuel management zones as allowed Fire District Standard 49-1. 3. Identification of existing vegetation to remain and proposed new vegetation. 4. Identification of irrigated areas. 5. A plant legend with both botanical and common names, and identification of all plant material symbols. 6. Identification of ground coverings within the 30-foot or 50-foot zones. 4906.4 Vegetation. All new vegetation shall be compatible with the climate zone in which it will be planted and resistant to fire and frost/freeze damage. Vegetation that is also drought tolerant is preferred. To be considered compatible with the climate zone in which it will be planted, resistant to fire and frost/freeze damage, and/or drought tolerant, vegetation is required to meet at least one of the following: 1. Be identified as compatible with the climate zone in which it will be planted, resistant to fire and frost/freeze damage, and/or drought tolerant in an approved book, journal or listing from an approved organization. 2. Be identified as compatible with the climate zone in which it will be planted, resistant to fire and frost/freeze damage, and/or drought tolerant by a licensed landscape architect with supporting justification. 3.Plants considered compatible with the climate zone in which it will be planted, resistant to fire and frost/freeze damage, and/or drought tolerant by the local enforcing agency. >4906.4.1 Shrubs. All new plantings of shrubs shall comply with the more restrictive provisions of Fire District Standard 49-1. >4906.4.2 Trees. Trees shall be managed in accordance with the more restrictive provisions of Fire District Standard 49-1. SECTION 4907 Page 312 Ordinance No. FD 58 Page 50 of 62 DEFENSIBLE SPACE 4907.3 Requirements. Hazardous vegetation and fuels around all buildings and structures shall be maintained in accordance with the following laws, regulations, and standards: 1. Public Resources Code, Section 4291. 2. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 3, Article 3, Section 1299.03. 3. California Government Code, Section 51182. 4. California Code of Regulations, Title 19, Division 1, Chapter 7, Subchapter 1, Section 3.07. 5. Fire District Standard 49-1. SECTION 4908 FIRE SAFE DEVELOPMENT REGULATIONS 4908.2 Subdivision map findings. Pursuant to Government Code (GC), Section 66474.02, before approving a tentative map, or a parcel map for which a tentative map was not required, for an area located in an SRA or an LRA Very High Fire Hazard Severity Zone, as both are defined in GC Section 51177, the Board of Directors, except as provided in GC Subsection 66474.02(c), shall make findings regarding compliance with the SRA Fire Safe Regulations and the availability of structural fire protection and suppression services. The authority to make said findings can be delegated to the fire code official in accordance with the Fire Protection District Law of 1987. These findings and accompanying map shall be transmitted to the Board of Forestry and Fire Protection and comply with the requirements in Title 14, Division 1.5, Chapter 7, Subchapter 1, Article 1. CHAPTER 50 HAZARDOUS MATERIALS – GENERAL PROVISIONS SECTION 5001 GENERAL 5001.5 Permits. Permits shall be required as set forth in Section 105. >Permittees shall apply for approval to permanently close a storage, use, or handling facility. Such application shall be submitted at least 30 days prior to the termination of the storage, use, or handling of hazardous materials. Such application shall be accompanied by an approved facility closure plan in accordance with Section 5001.6.3. The 30-day period is not applicable when approved based on special circumstances requiring such waiver. SECTION 5004 STORAGE 5004.14 Outdoor storage location. Outdoor storage areas for hazardous materials shall be located as required by Section 5003.12 except where material-specific requirements, including requirements in referenced standards, are provided in other chapters of this code. The fire code official is authorized to impose more restrictive requirements on outdoor storage locations when the materials being stored create or have the potential to create an odor or other nuisance to adjacent Group A, M, or R occupancies. Page 313 Ordinance No. FD 58 Page 51 of 62 SECTION 5005 USE, DISPENSING, AND HANDLING 5005.3.3 Outdoor location. Outdoor dispensing and use areas for hazardous materials shall be located as required by Section 5003.12 except where material-specific requirements, including requirements in referenced standards, are provided in other chapters of this code. The fire code official is authorized to impose more restrictive requirements on outdoor use, dispensing, and handling locations when the materials being used, dispensed, or handled create or have the potential to create an odor or other nuisance to adjacent Group A, M, or R occupancies. 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. Page 314 Ordinance No. FD 58 Page 52 of 62 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. 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. [California Code of Regulations, Title 19, Division 1, §980-1006] Article 13. General Safety Requirements §991.7 Firing. All public display of fireworks shall be electrically fired. Electrical firing circuits are required to be in accordance with Article 13.5. Article 15. Public Display >§999. Mortars, Aerial Shells (a) General. (1) Electric firing shall be required for all mortars, cakes, Roman candles, set pieces, and any other fireworks or effects included as part of a public display. Electrical firing circuits are required to be in accordance with Article 13.5. (2) Multiple-break shells that include a salute as one of the breaks shall be fired in HDPE mortars only. >§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 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 shall be required for all mortars, cakes, Roman candles, set pieces, and any other fireworks or effects included as part of a public display. Electrical firing circuits are required to be in accordance with Article 13.5. Page 315 Ordinance No. FD 58 Page 53 of 62 SECTION 5611 MODEL ROCKETS [California Code of Regulations, Title 19, Division 1, §1020-1028] Article 17. Model Rockets §1022. Model Rocket Standards and Use. (a) Model rocket standards and use shall comply with: Fire District Standard 56-2 and N.F.P.A. 1122, the Code for Unmanned Rockets, Chapter 3, Sections 3-1.1 through 3-1.10, Chapter 4, Chapter 5, Chapter 6 and Appendix A-2-(1987), which is incorporated by reference herein except for Appendices A-2.3 and A-2.4. §1023. Storage and Sale. No model rocket motors shall be stored, sold or offered for sale at retail unless such model rocket motors have been classified by the California State Fire Marshal. §1024. Restrictions. The provisions of this article shall not be used to establish the authority to possess, launch or use experimental unlimited or experimental/high powered rocket motors. SECTION 5612 EXPERIMENTAL HIGH POWER ROCKETS AND MOTORS [California Code of Regulations, Title 19, Division 1, §1030-1039] Article 18. Experimental High Power Rockets and Motors >§1030. General. Experimental high power rockets and motors are prohibited. Note: All other subsections of Article 18 are deleted. SECTION 5613 EMERGENCY SIGNALING DEVICES [California Code of Regulations, Title 19, Division 1, §1045-1046] Article 19. Emergency Signaling Devices >§1045. Fire Hazard. The use of an emergency signaling device creates a fire hazard. The use of an emergency signaling device is prohibited. §1046. License Required. Manufacturers of emergency signaling devices whose manufacturing operations take place in California must possess a valid fireworks manufacturing license from the State Fire Marshal to manufacture emergency signaling devices. Page 316 Ordinance No. FD 58 Page 54 of 62 CHAPTER 57 FLAMMABLE AND COMBUSTIBLE LIQUIDS SECTION 5701 GENERAL 5701.4 Permits. Permits shall be required as set forth in Section 105. 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. 5704.2.9.6.1 Locations where above-ground tanks are prohibited. Storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited in accordance with the appliable provisions of this section, Chapter 50, and the Municipal Code. 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. >5704.3.3.4 Empty containers or portable tank storage. The storage of empty tanks and containers previously used for the storage of flammable or combustible liquids shall be stored as required for filled containers and portable tanks. Portable tanks and containers, when emptied, shall have the covers or plugs immediately replaced in openings. 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. SECTION 5706 SPECIAL OPERATIONS 5706.2.4.4 Locations where above-ground tanks are prohibited. Storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited in accordance with the appliable provisions of this section, Chapter 50, and the Municipal Code. Page 317 Ordinance No. FD 58 Page 55 of 62 CHAPTER 58 FLAMMABLE GASES AND FLAMMABLE CRYOGENIC FLUIDS SECTION 5801 GENERAL 5801.2 Permits. Permits shall be required as set forth in Section 105. SECTION 5806 FLAMMABLE CRYOGENIC FLUIDS 5806.2 Limitations. Storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited in accordance with the appliable provisions of this section, Chapter 50, and the Municipal Code. CHAPTER 59 FLAMMABLE SOLIDS SECTION 5901 GENERAL 5901.2 Permits. Permits shall be required as set forth in Section 105. 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 6101 GENERAL 6101.2 Permits. Permits shall be required as set forth in Section 105. Page 318 Ordinance No. FD 58 Page 56 of 62 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 property. 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 6107.4 Protecting containers from vehicles. Where exposed to vehicular damage due to proximity to alleys, driveways or parking areas, LP-gas containers, regulators and piping shall be protected in accordance with NFPA 58 and Section 312. 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 NFPA 58 and Section 312. Exception: Deleted CHAPTER 62 ORGANIC PEROXIDES SECTION 6201 GENERAL 6201.2 Permits. Permits shall be required as set forth in Section 105. Page 319 Ordinance No. FD 58 Page 57 of 62 CHAPTER 63 OXIDIZERS, OXIDIZING GASES, AND OXIDIZING CRYOGENIC FLUIDS SECTION 6301 GENERAL 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. 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. Page 320 Ordinance No. FD 58 Page 58 of 62 CHAPTER 80 REFERENCED STANDARDS Standards of the Rancho Cucamonga Fire Protection District Number Standard Title 1-1 Operational Permits 1-2 Construction Permits 1-3 Appeals 1-4 Unsafe Structures, Equipment, and Operations 2-1 Definitions 3-1 Outdoor Fires 3-2 Open Flames 3-3 General Storage 3-4 Waste Handling and Recycling Facilities 3-5 Weed and Fire Hazard Abatement 3-6 Landscaped and Occupied Roofs 4-1 Outdoor Carnivals, Fairs, and Public Assemblages 4-2 Indoor Tradeshows, Exhibits, and Displays 4-3 Special Amusement Areas 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 Plans 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 Automatic Fire Sprinkler Systems 9-4 Fire Extinguishing Systems 9-5 Fire Alarm and Monitoring Systems 9-6 Alarm Signal Verification 11-1 Existing Buildings 12-1 Energy Systems 23-1 Fueling Operations 28-1 Lumber Yards 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 57-1 Hazardous Materials Tank Abandonment and Removal Page 321 Ordinance No. FD 58 Page 59 of 62 >APPENDIX A APPEALS A101.1 General. Appeals shall be in accordance with Fire District Standard 1-3. Note: The remainder of Appendix A is deleted and replaced with Fire District Standard 1-3. APPENDIX B SECTION B105 FIRE-FLOW REQUIREMENTS FOR BUILDINGS B105.1 One- and two-family dwellings, Group R-3, R-3.1, and R-4 buildings and townhouses. The minimum fire-flow and flow duration requirements for one- and two-family dwellings, Group R-3, R-3.1, and R-4 buildings and townhouses shall be as specified in Tables B105.1(1) and B105.1(2). B105.2 Buildings other than one- and two-family dwellings, Group R-3, R-3.1, and R-4 buildings and townhouses. The minimum fire-flow and flow duration for buildings other than one- and two-family dwellings, Group R-3, R-3.1, and R-4 buildings and townhouses shall be as specified in Tables B105.1(2) and B105.2. Exception: Remains, unchanged. TABLE B105.1(1) REQUIRED FIRE FLOW FOR ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3, R-3.1, AND R-4 BUILDINGS AND TOWNHOUSES FIRE-FLOW CALCULATION AREA (square feet) AUTOMATIC SPRINKLER SYSTEM (Design Standard) MINIMUM FIRE FLOW (gallons per minute) FLOW DURATION (hours) 0-3,600 No automatic sprinkler system 1,000 1 3,601 and greater No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.2(2) at the required fire-flow rate 0-3,600 Section 903.3.1.3 of the California Fire Code or Section 313.3 of the California Residential Code 1,000 1 3,601 and greater Section 903.3.1.3 of the California Fire Code or Section 313.3 of the California Residential Code 1,000 1 Page 322 Ordinance No. FD 58 Page 60 of 62 TABLE B105.2 REQUIRED FIRE FLOW FOR BUILDINGS OTHER THAN ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3, R-3.1, AND R-4 BUILDINGS AND TOWNHOUSES AUTOMATIC SPRINKLER SYSTEM (Design Standard) MINIMUM FIRE FLOW (gallons per minute) FLOW DURATION (hours) No automatic sprinkler system Value in Table B105.1(2)Duration in Table B105.1(2) Section 903.3.1.1 of the California Fire Code 25% of the value in Table B105.1(2). See Note (a) Duration in Table B105.1(2) at the reduced flow rate Section 903.3.1.2 of the California Fire Code 25% of the value in Table B105.1(2) See Note (b) Duration in Table B105.1(2) at the reduced flow rate (a) The reduced fire flow shall not be less than 1,500 gallons per minute (b) The reduced fire flow shall not be less than 1,500 gallons per minute 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 O101 GENERAL O101.2 Permits. Permits shall be required as set forth in Section 105 for haunted houses, ghost walks, or similar amusement uses in accordance with Appendix O101.2.1. Page 323 Ordinance No. FD 58 Page 61 of 62 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 the maximum allowed by law 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 2, 2023. Page 324 Ordinance No. FD 58 Page 62 of 62 PASSED, APPROVED, AND ADOPTED this day of 2022. L. Dennis Michael, President ATTEST: Janice C. Reynolds, Secretary I, Janice C. Reynolds, Secretary of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Ordinance was introduced for first reading by the Board of Directors of the Rancho Cucamonga Fire Protection District at a regular meeting of said Board held on the day of , 2022, 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 , 2022. Executed this day of , 2022 at Rancho Cucamonga, California. Janice C. Reynolds, Secretary AYES: NOES: ABSENT: ABSTAINED: Page 325 Adoption of 2022 Building Codes 2022 Code Adoption Things that go wrong are predictable, and predictable is preventable. Lead By Example Gordon Graham Graham Research Consultants Leadership and Organizational Risk Management Climatic Conditions Geographical Conditions Topographical Conditions Public Safety Service Continuum Outreach / Awareness Prevention Preparedness Emergency Response Engineering Enforcement Code Adoption Objectives Model Code Changes Energy Storage Systems Additive Manufacturing Image Credit: Orange County Register Image Credit: Shutterstock Model Code Changes Clothes Dryer Maintenance Escape and Puzzle Rooms Image Credit: 97.3 The Dawg, Lafayette, LA Image Credit: Escape Room Hillerod Recommended Amendments Carry Over From Previous Ordinances •Use of Fire Lanes at Schools for Drop-Off and Pick-Up •Closure Authority •Better Use of Local Standards to Assist with Implementing the Intent of the Codes Image Credit: Great Hearts Academy Recommended Amendments Wildland-Urban Interface Extinguishers in Warehouses Image Credit: Finer Hydraulics Image Credit: ICC/ Getty Images Images Courtesy of the City of Rancho Cucamonga Council/Board 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. Questions? DATE:November 2, 2022 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Noah Daniels, Finance Director SUBJECT:Consideration to Receive and File Quarterly Financial Update for the First Quarter of the Fiscal Year 2022/23. (CITY/FIRE) RECOMMENDATION: Staff recommends the City Council receive and file the attached quarterly financial update for the first quarter of the Fiscal Year 2022/23. BACKGROUND: Quarterly, the City Manager's Office and Finance Department provide the City Council with a brief update on the budgetary status of the City's financial performance. The report includes the City's operating funds consisting of the General Fund, Library Fund, and Fire District. The report also provides economic factors and information to provide meaningful context for the City Council. ANALYSIS: The quarterly financial update includes a detailed financial analysis and discussion for the City Council's review and consideration. With 25% of the fiscal year completed, the revenues and expenditures of the General Fund, Library Fund, and Fire District are within the expected ranges. However, below are summary-level notes and considerations to aid the report's review. •Property tax is a primary source of revenue for the General Fund, Library Fund, and Fire District, and the first apportionment occurs in December. As a result, property tax is below the benchmark of 25% for the first quarter. The General Fund property tax category includes property tax in lieu of vehicle license fees, which are not received until the year's second half. Property taxes are projected to grow by approximately 5% from the last fiscal year. •Sales tax is a primary source of revenue for the General Fund and is received monthly; however, due to timing, receipts for two months in the first quarter will be received in October and November. For the first quarter receipts, sales tax is at the expected benchmark of 8%, equal to 32% of receipts estimated for the first quarter. Sales tax flows with consumer spending cycles. As such, the first and second quarters of the fiscal year make up a little more than half of the sales tax receipts. •Other primary sources of revenue for the General Fund include franchise fees and transient occupancy taxes (TOT). TOT is received monthly from hotels within the City and is projected to increase by approximately 12% from last year. The increase is due to improving room occupancy and revenue per available room for existing hotels, which directly impact TOT, as well as receipts from Hampton Inn, which began remitting TOT to the City in July 2022. Due to receipt timing with the various franchisees, franchise fees are not received in the first quarter of any year. Page 326 Page 2 1 5 2 5 •Personnel services for the General Fund and Library Fund are below expectations for the first quarter due to various full-time and part-time vacancies. Overall, recruitment of positions has been challenging for the City as unemployed workers are more discriminating about their employment options given low unemployment and abundance of unfilled positions. •Expenditure categories for operations and maintenance and professional services include encumbrances for services, which sometimes result in spending exceeding the benchmark. Including encumbrances is a conservative budgeting technique that prevents budget overspending by placing commitments against the budget. The year-to-date expenditures for the departments are analyzed individually within the report. FISCAL IMPACT: Occasionally, staff may identify necessary budget appropriations during the preparation of this report. However, no bugdet appropriations have been identified for the first quarter. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: Providing the City Council with regular financial updates on the City's financial performance supports the Council's efforts to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive, by providing meaningful, timely financial information upon which they can base their current and future decisions that impact the City's finances. ATTACHMENTS: Attachment 1 – Quarterly Financial Update – First Quarter of Fiscal Year 2022/23 Page 327 Quarterly Financial Update Quarter Ended September 30, 2022 ATTACHMENT 1 Page 328 PURPOSE AND OVERVIEW OF THE REPORT The City Manager’s Office and Finance Department is providing this quarterly financial report to the City Council as a high-level overview of the City's financial status through the prior quarter ended September 30, 2022, as well as an overview of economic indicators that can influence the City's revenues and expenditures. This report has several components: 1.Quarterly Report: Includes budget to actual variances for revenue and expenditures for July 1, 2022, through September 30, 2022, presenting the percentage of budget received/expended and the revenue/expenditure from the prior year for comparison. Actual expenditures include encumbrances as a conservative budgeting practice. The quarterly report provides this detail for the General Fund, Fire Fund, and Library Fund. (Pages 1 to 8) 2.Economic Brief: This report compiles economic information and indicators, such as employment data, sales tax data, and other local and regional economic news. (Pages 9 to 13) Page 329 1 EXECUTIVE SUMMARY After the first quarter of the fiscal year, the City's financial status is in line with expectations. Significant accounts and notable variances are presented in this quarterly financial report. The tables in this report compare budgeted to actual amounts for the General Fund, Fire District, and Library. The year-to-date (YTD) actuals are unaudited and presented with encumbrances. The revised budget includes budget adjustments, encumbrance carryovers, and any supplemental appropriations approved by City Council during the quarter. The percent of the budget (% Bud) is the percentage received/spent of the budget. The 2021 Actual shows the comparable actual from the first quarter of the last year. Green, yellow, and red colored icons are presented to aid and visualize the financial analysis – green meaning good, yellow monitor, and red alert. GENERAL FUND OVERVIEW The General Fund is the general operating fund for the City. It includes multiple programs within several departments that provide direct programs, activities, and services to the citizens and businesses of Rancho Cucamonga. With 25% of the fiscal year complete, the General Fund revenues and expenditures are in an expected range considering seasonality, carryovers of purchase orders, and adjusting for one-time events from last year. Operating revenues equal 9% of the annual budget versus 20% at this time last fiscal year. However, prior year operating revenues would be at 9% if not for a retrospective transfer to the General Fund for the reimbursement of public safety costs from ARPA funding. Operating expenditures equal 19% of the annual budget versus 24% at this time last fiscal year. This report analyzes the deviation from the prior year in the departmental level section. The table above includes departmental and non- departmental spending. Non-departmental expenditures are excluded from the individual departmental analysis section. Major Revenues. The primary revenue sources for the General Fund are property tax, sales tax, franchise fees, and transient occupancy tax. Based on budgeted figures and receipt schedules, the General Fund's significant revenues are within expected ranges. Other revenues with notable variances are highlighted below. Property Tax. The first major apportionment of property tax occurs in December each year. The City partners with a property tax consultant to continually monitor and project property tax revenues for the City. Based on projected growth, the budget estimate is 5% more than the prior year. The property tax revenue category includes Property Tax in Lieu of vehicle license fees in the amount of $23.7 million, which is received in installments, the first being in January of each year. Also included in the revenue category is $3.2 million for residual payments from the dissolution of the former redevelopment agency, which is not received until later in the year. Sales Tax. Sales tax is a significant revenue source for the City and is monitored closely by City staff and the City's Page 330 2 sales tax consultant. The City received the first monthly allocation of sales tax in September. The allocation represents approximately 32% of the estimated sales tax for the first quarter, and the balance of the first quarter allocations will be received in October and November. Recent economic indicators, such as inflation of food, general goods, fuel, and Federal Funds rate increases, have the potential to slow taxable sales. However, it is too early to project the impacts of these economic forces, and the upcoming fourth calendar quarter is the largest for sales tax receipts. Therefore, City staff will continue to monitor sales tax projections. Franchise Fees Transient Occupancy Taxes. Transient Occupancy Taxes (TOT) and Franchise Fees comprise 15% of the taxes received by the General Fund. Franchisees remit payment to the City on recurring schedules, but not in the first quarter of the year. Gas and electric franchise fees are received in the year's final quarter. Refuse and cable franchise fees are quarterly but received after the quarter's close. TOT is remitted by hotels to the City monthly. The pandemic significantly impacted TOT, and exiting the pandemic, the budget estimate projects growth of approximately 12% from the prior year's budget, based on forecasted room occupancy and revenue per available room. Additionally, the City began receiving TOT in July 2022 from the Hampton Inn, and a new hotel is currently in construction. Licenses and Permits. Includes building and engineering permits, which comprise 5% of the budget, and other miscellaneous licenses. After the end of the first quarter, actual revenue is at 36% of the budget. Fines and Forfeitures. Includes vehicle and parking fines, which comprise 70% of the fines and forfeitures budget, and other general fines and forfeitures. This category includes vehicle code fines collected by San Bernardino County and remitted to the City. Parking citations and vehicle release fees are at 17% of the budget, and vehicle fines are at 7%. Charges for Services. Includes various plan check and engineering fees, which comprise 52% of the budget, and recreation fees at 29%. Recreation fees are expected to be higher than last year due to facility closures and limited programs in response to the pandemic. However, there has been a notable reduction in demand for recreational classes and programs before the pandemic, likely due to customers finding other sources of recreation when pandemic-related closures occur and not returning to City provided programs. It is uncertain whether this is a temporary or permanent reduction in demand and is being monitored. Currently, recreation fees are below budget expectations at 15%. Intergovernmental. Includes motor vehicle in-lieu fees and homeowners property tax relief revenues from the County, which are received later in the year. Transfers In. Transfers represent the transfers of resources from other funds to the General Fund. Through the fiscal years 2021 and 2022, the City received $26.8 million in State and Local Fiscal Recovery Funds. The City experienced significant revenue loss due to the pandemic in the form of sales tax, transient occupancy taxes, and departmental charges for service revenues. These funds had to be used for general government services up to the calculated revenue loss. After the final program rules were published and the revenue loss replacement calculations were completed, resources for monthly public safety costs paid by the General Fund were transferred. For accounting purposes, public safety expenditures made between July and September 2021 are retroactively recorded, resulting in the current year's variance. Other Revenues. Includes interest earned on invested funds, rental and lease income, reimbursements, and miscellaneous revenues. Reimbursements represent 37% of this category and are at 25% of the budget after the first quarter. This category includes $250,000 of reimbursements for the administration of the former redevelopment agency that are recorded as first and third quarter installments. Recreational and miscellaneous rental and lease income represent 24% of this category and are at 14% of the budget. Departmental Expenditures. General Fund departmental expenditures tend to vary due to operations, the timing of vendor payments, and purchase order carryovers from the prior year. Therefore, YTD expenditures may be above or below 25% but still within the expected range. Page 331 3 Generally, personnel services will appear to be higher than the benchmark of 25% for the quarter due to the allocation of fringe benefits to departments at the start of the fiscal year. The departmental allocation is based on budgeted positions authorized and adjusted at the end of the year to reflect the actual costs for filled positions. However, excluding fringe benefits, personnel services are generally below the first quarter's benchmark due to vacant positions in virtually every department, which have been challenging to fill. Therefore, the individual departmental highlights illustrate exceptions to this trend or notable activity. Departments that provide centralized services to the City have a net reduction in the total budget under Cost Allocation, representing the estimated costs of services expended within that department to benefit another fund(s) within the City. Operations and maintenance are slightly above the benchmark at 27% but are not significant costs. Operations and maintenance and Professional services exceeded the benchmark at 51% and 67%, respectively, due to encumbrances for animal care and veterinarian services totaling $113,540 and $79,690. Actual spending for operations and maintenance through the first quarter is similar to last year. Spending on professional services increased from the previous year due to increased spay and neutering services performed. Capital outlay expenditures are higher than the benchmark due to the purchase order carryover and purchase of a veterinary ultrasound system in the current year. Operations and maintenance are below the benchmark at 13% but are not significant costs and are similar to last year. Professional services are above the benchmark at 98% due to annual encumbrances for plan check contract services that assist the department. Operations and maintenance are below the benchmark at 14%, slightly more than last year at 8%. Professional services are below the benchmark at 3% due to the timing of expenditures for elections occurring in November. Elections occur in even-numbered years and are a significant budget item for City Clerk and Records Management Department. Operations and maintenance expenditures are lower than the benchmark at 1% due to less travel and meeting activity in the first quarter of this year compared to last year. Operations and maintenance are below the benchmark at 10% and are similar to last year. Operations and maintenance were lower compared to the prior year due to Healthy RC’s Los Amigos Neighborhood project. Professional services are also below the benchmark at 16% due to the timing of miscellaneous purchases, such as office supplies and membership dues. Page 332 4 Operations and maintenance are below the benchmark at 23% but are not significant costs and are similar to last year. Professional services are below the benchmark at 3% but comparable with actual spending last year after excluding the prior year’s $105,000 encumbrance for contract legal services to aid community improvement. Typical with other professional services, spending for legal costs is driven by need within a department. Personnel services are below the comparable range with other departments at 34%. Excluding fringe benefits, personnel services are 11% of the budget, the same as last year. Similar to other departments, there have been delays in filling full-time and part-time vacant positions. As previously mentioned, the pre-pandemic client base shows reduced recreational service demand. In combination with strains in recruiting, the personnel services budget will be monitored going into future quarters. Operations and maintenance and professional services are below the benchmark at 18% and 15%, respectively. However, they are higher than last year at 1% and 10%. The pandemic significantly impacted programming and events, and these accounts will vary compared to the previous year when pandemic-related reductions were in effect. Capital Outlay for pickleball court construction, digital projectors at the cultural center, theater control system, and other various purchases have been fully encumbered this quarter for future purchases. Operations and maintenance are at the benchmark at 26% and are comparable with the last year. Professional services are below the benchmark at 14% and are less than the prior year at 27%. This variance is due to the prior year's expenditures, including $13,700 of professional services for the RC Enhanced Infrastructure Financing District (EIFD) that were expended in the Economic and Community Department budget and reclassed to the EIFD Fund after the close of the first quarter. Additionally, $6,300 of professional services for the General Plan were expended in the prior year. Operations and maintenance are above the benchmark at 45% due to a $96,000 NPDES County Permit per agreement with San Bernardino County Flood Control District. The remaining operations and maintenance budget are at 5% of the budget, the same as last year. Professional services are above the benchmark at 81%, and the higher amount is related to encumbrances for plan check services and other services to aid with the review of large projects. Operations and maintenance and professional services are above the benchmark at 50% and 80%, respectively, due to various encumbrances issued at the start of the year for maintenance and janitorial services. Utilities are above the benchmark at 33% compared with last year at 28%. Gas utilities are up $17,100, or 77%, from last year due to the upwards trends in the usage of gas utilities from operations resuming more City facilities, timing of utility bills, and gas price increases. Electric utilities are up $86,540, or 28%, from last year due to rate increases from October 2021. Utilities will be monitored and adjusted at midyear to reflect costs projected through the end of the year. Fund Summary Adopted Revised YTD Actual % Bud 2021 Actual Expenditures Personnel Services 674,380 674,380 286,460 42% 295,680 1.0 Operations & Maintenance 11,950 11,950 2,690 23% 2,440 1.0 Professional Services 188,600 188,600 4,800 3% 105,170 1.0 Total Expenditures 874,930 874,930 293,950 34% 403,290 Community Improvement Expenditures (Rounded) Page 333 5 Operations and maintenance are below the benchmark at 13%, but the costs are not significant. Professional services are above the benchmark at 67%, including $47,130 in encumbrances for tax consultation and financial services to aid in implementing governmental accounting standards. Excluding encumbrances, spending for professional services is similar to last year. Operations and maintenance and professional services are approximate to the benchmark at 24% and 22%, respectively. Operations and maintenance spending compared to the last year is higher due to expenditures for a virtual interview platform and first aid supplies. Also, professional services spending is higher due to investigative services. Operations and maintenance are above the benchmark at 76% due to the timing of accounting entries. In the current year, Finance recorded the internal charge to the Computer and Equipment Internal Service Fund was processed in the first quarter; however, not in the first quarter last year. This internal service charge funds further purchases of citywide computers and equipment. Excluding this internal service charge, the current year would have been similar to last year at 7%. Professional services are above the benchmark at 39%. Professional services include software subscriptions and other related services. This account will historically vary based on the timing of payments to vendors. Utilities are below the benchmark at 19% and the same as last year. Operations and maintenance are below the benchmark at 6%, but the costs are not significant. Professional services are above the benchmark at 35%. They include encumbrances of contract services for peer review services and other additional staff services totaling $106,900. Operations and maintenance are above the benchmark at 44% and include an annual encumbrance for gasoline to fuel police vehicles totaling $338,000. Professional services are at the benchmark of 25%. Professional services represent the contract with San Bernardino County Sheriffs to provide police services to the City. Utilities are approximate to the benchmark at 21% and not a significant cost. Other expenditures are the proportionate share of insurance costs for Police in the Public Safety Facility and are charged quarterly. There are no notable account variances, as operation and maintenance is not a significant cost. Operations and maintenance are above the benchmark at 83%. In the current year, Finance recorded the internal charge to the Vehicles and Equipment Internal Service Fund, which was processed in the first quarter; however, not in the first quarter last year. This internal service Page 334 6 charge funds further purchases of citywide vehicles and equipment. Excluding this internal service charge, the current year would have been similar to last year at 34%. Professional services are above the benchmark at 81%, but spending is similar to last year. Expenditures for professional services include $652,900 for park maintenance and operations, consistent with the previous year. Utilities are at the benchmark at 25% and similar to last year. The capital outlay budget accounts for the citywide concrete repair program, which will begin later in the year. FIRE DISTRICT OVERVIEW The purpose of the Fire District is to provide fire suppression and prevention services to the citizens and businesses within the City. The Fire District comprises the Fire General Fund and Community Facilities Districts (CFD) 85-1 and 88-1. There are seven active fire stations within the City, and one is currently being constructed. With 25% of the fiscal year complete, the Fire District revenues and expenditures are in an expected range considering seasonality, carryovers of purchase orders, and adjusting for one-time events from last year. Fire District Revenues. Operating revenues equal 2% of the annual budget versus 1% last year. The primary source of revenue for the Fire District is property tax. Property Tax. The first major apportionment of property tax occurs in December each year. The City partners with a property tax consultant to continually monitor and project property tax revenues for the Fire District. Based on projected growth, the budget estimate is 5% more than the prior year. Included in the property tax revenue category is $14.6 million for residual payments from the dissolution of the former redevelopment agency, which are received later in the year. CFDs 85-1 and 88-1 levy special taxes for funding administration, personnel services, maintenance, and operations within the CFDs' boundaries. The special tax levy has remained purposefully unchanged for several years, and the Fire District subsidizes the CFDs. Combined, the CFDs will collect $6.7 million and receive a $3.6 million contribution of resources from the Fire District. The contribution is shown as a Transfer In (revenue) to the CFDs and Transfers Out (expenditure) from the Fire District in the summary, revenue, and expenditure tables for the Fire District. Other Notable Variances. Other revenue includes interest earned on invested funds, rental and lease income, reimbursements, and miscellaneous revenues. Reimbursements from the Other Post-Employment Benefits (OPEB) Trust for the retiree healthcare costs comprise 55% and other non-abated reimbursements, which primarily consist of CalOES, comprise 32%, totaling 87% of the category budget. Finance requests reimbursements from the OPEB Trust for retiree healthcare costs near the end of each fiscal year, and reimbursement from CalOES for fire support depends on the timing of reimbursement receipts processing by the state agency. Fire District Expenditures. Operating expenditures are 27% of the annual budget versus 21% last year. Page 335 7 Fire District personnel services incur fringe benefits as incurred. Personnel services are lower than the benchmark at 21% and are comparable to last year at 22%. The budget for personnel services includes the nine new staff for Fire Station 178, anticipated to be hired in January 2023. Operations and maintenance are above the benchmark at 36%, less than last year at 52%. The decrease is due to the timing of the general liability insurance premium of $556,000 being paid after the first quarter, and adjusting for this payment, the category is similar to the prior year. Professional services are above the benchmark at 41% and are more than last year at 39%. Professional services include a variety of encumbrances for recurring services totaling $716,100. Spending is consistent with the previous year. Utilities are approximate to the benchmark and similar to last year at 25%. Capital outlay accounts for ADA improvements at Fire Station 174, which will occur later in the year. Debt service accounts for the interfund loan between the Fire District and the General Fund. The interest component of the interfund loan is shown as debt service for the Fire District. This interfund loan will be fully repaid in October 2023. Cost allocation represents the estimated service costs that City departments expend to benefit the Fire District. The City charges cost allocation at the start of each fiscal year. Other expenditures include reimbursements to the City for shared costs and services, miscellaneous expenditures which occur during the year, and primarily Fire District CalPERS unfunded actuarial liability (UAL) payments. The UAL payment of $3.7 million comprises 80% of the budget for the category, and the payment occurs near the end of the year. LIBRARY FUND OVERVIEW With 25% of the fiscal year complete, the Library Fund revenues and expenditures are in an expected range considering seasonality, carryovers of purchase orders, and adjusting for one-time events from last year. Library Revenues. Operating revenues equal 1%, the same as last year. The primary source of revenue for the Library is property tax. Property Tax. The first major apportionment of property tax occurs in December each year. The City partners with a property tax consultant to continually monitor and project property tax revenues for the Library Fund. Based on projected growth, the budget estimate is 5% more than the prior year. Included in the property tax revenue category is $140,000 for residual payments from the dissolution of the former redevelopment agency, which are received later in the year. Other Notable Variances. Other revenue includes interest earned on invested funds, rental and lease income, reimbursements, miscellaneous revenues, contributions, and fundraising. Support from the RC Library Foundation comprises 79% of the category budget. Page 336 8 Library Expenditures. Operating expenditures were 41% of the annual budget versus 42% last year. Similar to the City, personnel services for the Library will appear to be higher than the benchmark of 25% for the quarter due to the allocation of fringe benefits to departments at the start of the fiscal year. Excluding fringe benefits, personnel services for the Library Fund are below the benchmark at 14%, similar to last year. Like other City departments, the Library Fund has experienced delays in filling full-time and part-time vacancies. Operations and maintenance are above the benchmark at 73%, the same as last year. At the start of each year, the Library encumbers funding for printed and digital book materials and supplies for the two libraries, and the spending at the end of the first quarter includes $529,100 in encumbrances. Professional services are above the benchmark at 62%, higher than last year at 52%. The timing of payments to vendors impacts the category. For example, the vendor for the one subscription service was paid at the end of the first quarter of this year and in the third quarter of last year. Utilities are below the benchmark at 16%, similar to last year, and not a significant cost to Library. Capital outlay represents the planned purchase for another 24/7 Library Material Kiosk that will be installed outside Fire Station 178. The installation will occur later, most likely in the third or fourth quarter of the year. Cost allocation represents the estimated service costs that City departments expend to benefit the Library. The City charges cost allocation at the start of each fiscal year. Transfers out are at the benchmark of 25%, the same as last year. This category represents the transfer of resources to the Library Capital Project Fund to construct the Secord Story and Beyond Project at Paul Biane Library. These transfers are charged quarterly. Other expenditures include unplanned programming and miscellaneous expenses during the year. This category will vary depending on actual activity. Page 337 9 ECONOMIC BRIEF As the City moves from Q1 2022-23 into Q2, signs of a change are clear. While inflation is declining slowly, it remains stubbornly high. Interest rates are rapidly rising, which is affecting the housing market. Long lead times and supply chain delays remain, and the economy is beginning to adjust to the changes in demand. Unemployment Rate Based on preliminary data for August 2022, the City unemployment rate is 3.1%, up 0.2% from July 2022 and 2.6% from one year ago. The City unemployment rate is favorable compared with: •At a regional level, San Bernardino County unemployment rate was 4.2% in August, up 0.3% from July and down 3.3% from one year ago. •At a statewide level, California unemployment rate was 4.1% in August, up 0.2% from July and down 2.9% from one year ago. In August 2022, the unemployment rate increased in 53 out of 58 counties in California. •At a national level, the U.S. unemployment rate was 3.7% in August, up 0.2% from July and down 1.5% from one year ago. The table below summarizes August compared to the previous month and year. The City unemployment rate is very favorable when analyzed against comparable cities in San Bernardino County. The following graph illustrates the City's and other cities' unemployment rates compared with the San Bernardino County unemployment rate. 2.0% 2.5% 3.0% 3.5% 4.0% 4.5% 5.0% 5.5% Rancho Cucamonga Chino Chino Hills Fontana Ontario San Bernardino Upland Unemployment Rate By City County Unemployment Rate Unemployment Rate Page 338 10 Historically, the City's unemployment rate is favorable compared to San Bernardino County. The graph below illustrates the annual unemployment rate for ten years and the available months for the current year for the City and San Bernardino County. Labor Force The labor force is another economic indicator of the labor market's health. The labor force includes all persons classified as employed or unemployed. However, it does not include unemployed people that are not looking for work. Thus, the size of the labor force demonstrates the number of people looking for work and how likely they feel they can get a job. Over the last year, job resignations have reached new highs. Monitoring the labor force will indicate whether workers are leaving or finding new jobs. At a statewide level, forty-five of the 50 sub-state areas recorded year-over employment gains in August. The City labor force increased by 600 compared to July and by 4,200 from August 2021. On the year-over change, unemployed workers decreased by 2,400, and employed workers increased by 6,600, indicating that workers seeking employment could find jobs. The table below summarizes the labor force for August compared to the previous month and the previous year. Note that the totals and net totals are rounded. 8.7% 7.4% 6.0% 4.8%4.5% 3.8% 3.2%2.9% 7.9% 5.4% 4.0%3.6%3.2%2.8%2.5% 3.0%2.9%3.1% 11.6% 9.9% 8.1% 6.5% 5.8% 5.0% 4.1%3.9% 9.7% 7.4% 5.7% 5.0% 4.3% 3.8%3.4% 4.0%3.9%4.2% 0.00% 2.00% 4.00% 6.00% 8.00% 10.00% 12.00% 14.00% Jan Feb Mar Apr May Jun Jul Aug 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Unemployment Rates History Rancho Cucamonga San Bernardino County Page 339 11 An increasing labor force and total employment are positive economic indicators. The labor force has increased by 14,500, and employment has risen by 18,900 since 2012. The graph below illustrates the annual labor force and employment numbers for the City over ten years and the completed periods for the current year. The gap between the labor force and full employment represents unemployment in terms of people rather than as a percentage rate. The tight gap indicates that even though anything below 5% unemployment is considered "full employment," few people are left without a job. Choices abound, albeit workers are far more discriminating than ever about where and for whom they choose to work. Consumer Price Index The Consumer Price Index (CPI) measures the average change over time in the prices consumers pay for goods and services. The CPI provides a way to compare what goods and services cost this month with the same cost a month or year ago. The CPI is the most widely used measure of inflation and provides information about price changes in the economy. However, CPI is not a cost-of-living index. A cost-of-living index is a conceptual measurement goal and not a straightforward alternative to CPI, as a cost-of-living index measure changes needed to reach a certain "standard of living." Instead, CPI reflects changes in the prices of goods and services over a period and does not go beyond other factors. CPI is calculated at regular intervals within urban or metropolitan areas to allow for a combination of factors impacting price change for items to take effect. The table below illustrates the CPI for all urban consumers for 2021 through the completed 2022 year. The City refers to the CPI for the Riverside-San Bernardino-Ontario Area. 0 20,000 40,000 60,000 80,000 100,000 120,000 Jan Feb Mar Apr May Jun Jul Aug 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Employment and Labor Force Sum of Employment Sum of Labor Force Page 340 12 The Federal Reserve Bank of Cleveland calculates the median CPI to measure core inflation while removing highly volatile commodities—such as food and energy prices which are largely set by global markets. Median CPI is calculated by ranking the highest inflation rate to the lowest (each item is weighted by consumer spending), then using the item in the middle of the pack for the measurement. The result is that average price trends can be identified when the highest and lowest inflation rates are removed for any given time. The graph below shows that the median CPI has been steadily rising over the last year and is at its highest level in decades. The concern is that overall inflation impacts more than a handful of outlier categories. Sales Tax Sales tax has grown rapidly coming out of the pandemic, fueled by internet sales and accumulated cash. As a general statement, revenue growth more often than not, is followed by more growth. Despite this trend, there are some definite headwinds to contend with, including: • Five (5) increases to the Federal Fund's interest rate to date, some as large as 75 basis points, with more hikes expected if inflation does not soon begin moderating • Fuel price instability caused by both supply and demand factors -1 0 1 2 3 4 5 6 7 8 9 10 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Median Consumer Price Index Median CPI CPI Core CPI Page 341 13 • Stock market retreat as equities are substantially negative in terms of returns for the calendar year • Rising consumer prices could further weaken consumer confidence, and households may begin to pull back on discretionary purchases • Rising employee costs and worker shortages are holding back rebounds in hospitality and travel • Pandemic cycles may impact future spending patterns At the end of the City’s fourth quarter (June 2022), the City's top five sales tax-producing sectors included casual dining, service stations, discount department stores, building materials, and new motor vehicle dealers. At the end of the City's first quarter (September 2022), the EV auto sales business, which produced the majority of sales tax for new motor vehicle sales, relocated its point-of-sale location outside the City. As a result, the City will no longer receive sales tax receipts from this business. For the other sectors, the economic forces highlighted above have a meaningful impact on each of these sectors: • Escalating costs and staffing shortages present ongoing challenges for casual dining and restaurants • Shoppers of general consumer goods might be shifting spending to cover higher food and gas prices • Increases in the cost of materials, particularly building materials, will likely be passed on to consumers These are just cautionary economic indicators suggesting a slowdown could be on the horizon. However, much of the fiscal year lies ahead, and there remains significant uncertainty about how much these larger economic forces will shape the impact on taxable sales for the City. Therefore, at this point, the City is cautiously monitoring things and proceeding conservatively. The graph below illustrates the quarterly sales tax receipts by quarter for several years, adjusted as noted in the prior section for the loss of auto sales in the current fiscal year. Based on forecasts for FY 2023, sales tax has exceeded pre- pandemic levels. Additionally, this graph demonstrates a repeated trend for sales tax receipts, whereby the fourth quarter of the calendar year is the most significant quarter for the City. Q3 Q4 Q1 Q2 Quarterly Sales Tax Receipts 2019 2020 2021 2022 2023 (Forecast ) Page 342 Quarterly Financial Update Quarter Ended September 30, 2022 Financial Summary Overview Operating revenues are within expected ranges overall Expenditures for personnel services are lower than expectations, but still consistent with prior year Expenditures for operations and professional services are within expected ranges General Fund Overview Revenues at 9% is consistent with last year Timing for receipts for major revenues occur later in the year Expenditures at 19% which is lower than last year Expenditures are analyzed at the departmental-level General Fund Revenues Property tax and franchise fees are received in future quarters Sales tax is within range and evaluated after the holiday quarter. TOT continues to grow exiting the pandemic; new hotel remitting TOT in July. Other notable activity: •Recreation fees (Charges for Services) are lower than expected and appear to be due to changes in demand for classes. •Transfers of ARPA funds in the prior year to the General Fund for public safety. General Fund Revenues Property tax and franchise fees are received in future quarters Sales tax is within range and evaluated after the holiday quarter. TOT continues to grow exiting the pandemic; new hotel remitting TOT in July. Other notable activity: •Recreation fees (Charges for Services) are lower than expected and appear to be due to changes in demand for classes. •Transfers of ARPA funds in the prior year to the General Fund for public safety. General Fund Revenues Property tax and franchise fees are received in future quarters Sales tax is within range and evaluated after the holiday quarter. TOT continues to grow exiting the pandemic; new hotel remitting TOT in July. Other notable activity: •Recreation fees (Charges for Services) are lower than expected and appear to be due to changes in demand for classes. •Transfers of ARPA funds in the prior year to the General Fund for public safety. General Fund Revenues Property tax and franchise fees are received in future quarters Sales tax is within range and evaluated after the holiday quarter. TOT continues to grow exiting the pandemic; new hotel remitting TOT in July. Other notable activity: •Recreation fees (Charges for Services) are lower than expected and appear to be due to changes in demand for classes. •Transfers of ARPA funds in the prior year to the General Fund for public safety. General Fund Revenues Property tax and franchise fees are received in future quarters Sales tax is within range and evaluated after the holiday quarter. TOT continues to grow exiting the pandemic; new hotel remitting TOT in July. Other notable activity: •Recreation fees (Charges for Services) are lower than expected and appear to be due to changes in demand for classes. •Transfers of ARPA funds in the prior year to the General Fund for public safety. General Fund Expenditures •Personnel services are lower than benchmark due to recruiting challenges. •YTD Actuals include encumbrances to prevent overspending. Fire District Overview Property tax is the primary revenue source for the Fire District Personnel services are at 21% and comparable to last year at 22%. Other notable activity: •Cost allocation represents the centralized expenditures provided by the City. •Capital Outlay accounts for ADA improvements at FS 174 for later in the year. •Other includes payments for Fire’s unfunded actuarial liability which occurs near the end of the year. Fire District Overview Property tax is the primary revenue source for the Fire District Personnel services are at 21% and comparable to last year at 22%. Other notable activity: •Cost allocation represents the centralized expenditures provided by the City. •Capital Outlay accounts for ADA improvements at FS 174 for later in the year. •Other includes payments for Fire’s unfunded actuarial liability which occurs near the end of the year. Fire District Overview Property tax is the primary revenue source for the Fire District Personnel services are at 21% and comparable to last year at 22%. Other notable activity: •Cost allocation represents the centralized expenditures provided by the City. •Capital Outlay accounts for ADA improvements at FS 174 for later in the year. •Other includes payments for Fire’s unfunded actuarial liability which occurs near the end of the year. Fire District Overview Property tax is the primary revenue source for the Fire District Personnel services are at 21% and comparable to last year at 22%. Other notable activity: •Cost allocation represents the centralized expenditures provided by the City. •Capital Outlay accounts for ADA improvements at FS 174 for later in the year. •Other includes payments for Fire’s unfunded actuarial liability which occurs near the end of the year. Library Overview Property tax is the primary revenue source for the Library Personnel services (excluding fringe benefits) are at 14%. Other notable activity: •Operations and maintenance includes annual encumbrances and are consistent with last year. •Professional services is higher this year due to timing of vendor payments. •Capital Outlay accounts for 24/7 Library Kiosk that will be installed at FS 178. Library Overview Property tax is the primary revenue source for the Library Other notable activity: •Operations and maintenance includes annual encumbrances and are consistent with last year. •Professional services is higher this year due to timing of vendor payments. •Capital Outlay accounts for 24/7 Library Kiosk that will be installed at FS 178. Personnel services (excluding fringe benefits) are at 14%. Library Overview Property tax is the primary revenue source for the Library Other notable activity: •Operations and maintenance includes annual encumbrances and are consistent with last year. •Professional services is higher this year due to timing of vendor payments. •Capital Outlay accounts for 24/7 Library Kiosk that will be installed at FS 178. Personnel services (excluding fringe benefits) are at 14%. Library Overview Property tax is the primary revenue source for the Library Other notable activity: •Operations and maintenance includes annual encumbrances and are consistent with last year. •Professional services is higher this year due to timing of vendor payments. •Capital Outlay accounts for 24/7 Library Kiosk that will be installed at FS 178. Personnel services (excluding fringe benefits) are at 14%. Economic Indicators August unemployment is 3.1%; up 0.2% from July and down 2.6% from last year August labor force is 101,600; increasing 600 people from July and 4,200 from last year CPI is increasing; both core CPI and median CPI measured by the Federal Reserve Bank Sales tax is within expectations; however, sales tax will be evaluated after the holiday quarter Questions? DATE:November 2, 2022 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Matt Marquez, Director of Planning and Economic Development SUBJECT:Consideration to Approve Submittal of a Letter of Interest for Participation in the San Bernardino Regional Housing Trust. (CITY) RECOMMENDATION: Staff recommends that the City Council approve the submittal of a Letter of Interest for Participation in the San Bernardino Regional Housing Trust. BACKGROUND: In response to an increased need for access to affordable housing across the San Bernardino region, the lack of sufficient funding to produce needed affordable housing, due in part to the dissolution of redevelopment, and an increased interest in solutions to comprehensively address regional housing needs, the San Bernardino Council of Governments (SBCOGG)/San Bernardino County Transportation Authority (SBCTA), referred to as the SBCOG, is developing pathways for increased funding to support housing related programs. One such pathway is the establishment of a regional housing trust fund, which would serve as a funding mechanism to support housing programs. A housing trust fund is a program or independent organization that raises funding to dedicate to housing construction, preservation, and rehabilitation, often concentrated on affordable housing, homeless housing services, down payment assistance, gap financing, supporting housing trusts, and related activities. The goals of a housing trust are to create affordable housing and/or homelessness solutions by leveraging new funding sources. In 2021, in response to increasing concern around the region’s housing shortage, the City/ County Managers Technical Advisory Committee (CCMTAC) of the SBCOG formed an adhoc subcommittee (Subcommittee). The Subcommittee expressed interest in exploring the feasibility of implementing a housing trust fund for the San Bernardino region. In response to the request of the Subcommittee, in January 2022, SBCOG released a Draft San Bernardino Regional Housing Trust White Paper that details the potential benefits, structures, and an assortment of relevant case studies regarding the formation of a Regional Housing Trust Fund. In the White Paper, it is recommended that a housing trust serving the San Bernardino Region be structured as a Joint Powers Authority (JPA) made up of participating members with a non-profit component that allows the Housing Trust to solicit and accept private donations. It is further recommended that a Housing Trust should be administered by SBCOG to utilize existing staff resources and expertise related to the pursuit of regional grant funds and to better connect housing with regional transportation efforts. The SBCOG is in the process of identifying jurisdictions interested in participating in the regional housing trust. They are requesting submittal of a letter form jurisdictions interested in participating. Page 343 Page 2 1 5 5 3 ANALYSIS: Housing supply is one of the most critical issues today facing the State of California, including San Bernardino County. The state and county face a significant housing supply and affordability crisis spurred by high land costs, rising construction costs, and limited financing options. The vision for the San Bernardino Regional Housing Trust (SBRHT) is to attract significant funding and affordable housing development interest into the San Bernardino region. Goals include: 1. Increasing and preserving the region’s affordable housing supply 2. Attracting affordable housing developers 3. Increasing housing opportunities 4. Protecting against displacement and poor housing conditions Through strong participatory governance, member jurisdictions will work to increase the region’s affordable housing supply, reduce household overcrowding, increase equitable access to community resources, and provide financial relief for vulnerable and cost-burdened households. Trust Funds in California & Membership There are at least 48 affordable housing trusts in California, whose members include more than 60 local jurisdictions. Housing trusts in Southern California include the West Hollywood Affordable Housing Trust Fund, the Orange County Housing Finance Trust, the Skid Row Housing Trust, the Santa Monica Citywide Housing Trust Fund, the County of Ventura Housing Trust Fund, the newly formed San Gabriel Valley Regional Housing Trust, and others. A local government would take formal action to join the housing trust fund JPA by adopting a resolution at the local level. Following local approval, the administrating agency, potentially SBCOG, would approve their membership and certify that the jurisdiction has paid membership dues and is compliant with other membership requirements. Funding a Housing Trust & Benefits Housing trusts receive financial support from a variety of sources. Some of the most common categories of funding include dedicated funding from local jurisdictions, State and federal grants, bonds, and private donations. Importantly, there are significant funding sources that are only accessible to housing trusts. There are a variety of benefits of affordable housing trust funds. In general, they provide a variety of quality housing types and options for those who might otherwise struggle to afford it. This includes support for lower and middle-income earners such as teachers, service workers, warehouse and logistics personnel, and other essential workers. Depending on how they are administered, benefits can also include: providing housing and supportive services for individuals and families experiencing homelessness; bringing outside money to the region, not otherwise accessible; and improving the quality of existing affordable housing to improve quality of life for residents and neighbors. Effective housing trusts achieve these outputs by leveraging new funding sources, rather than redirecting existing funding sources. Trust Fund Administration & Costs To maximize stability and access to funding sources, the housing trust fund would most likely be structured as a hybrid nonprofit-Joint Powers Authority (JPA). The housing trust could potentially leverage the administrative support and executive leadership of SBCOG to achieve efficiencies and would have oversight from its governing board. The trust would establish a JPA with those that choose to participate. SBCOG could administer the trust and the costs to the agency would be offset by the housing trust fund’s resources. SBCOG’s existing staffing infrastructure is skilled in all requisite administrative areas including executive leadership, financial accounting, and administration, making SBCOG an ideal candidate for housing trust fund administration. Based on research into successful programs across the state, SBCOG estimates that an Page 344 Page 3 1 5 5 3 affordable housing trust fund will require approximately $230,000 in annual contributions from participating jurisdictions for the first five to ten years of operation until the fund achieves financial independence. Member dues will be based on a combination of factors, such as the jurisdiction’s population, jobs, and anticipated growth and may range from $1,500 to $50,000, depending on which factors are selected, how many jurisdictions choose to participate, and local characteristics. Operations of the housing trust is determined through the development of an Administrative Plan which would establish a board of directors responsible for managing housing trust fund activities and goals. These approved activities could include new construction of affordable housing, predevelopment activities for affordable housing, down payment assistance for first-time homebuyers, preservation or rehabilitation of existing affordable housing, support for community land trusts, and establishment of housing and supportive services for people experiencing homelessness. Steps to Establishing a Regional Housing Trust & Timeline The creation of the SBRHT is envisioned to occur through the following steps: 1.Identify Participating Jurisdictions 2. Draft Administrative Plan 3. REAP 2.0 Funding Application 4. Establish a Joint Powers Authority (JPA) 5. Adopt Administrative Plan A draft timeline of events for the creation of the housing trust is as follows: Source: SBCOG As part of step 1 of the formation process, staff is asking the City Council to approve submittal of a letter of interest to participate in the SBRHT. It is important to note that submittal does not bind the City to participate in the trust. However, should the City choose to participate and then choose to opt out at a later date, the jurisdiction would have the ability to do so by adopting a resolution rescinding membership at the local level. Typically, this is required at least six months prior to the start of a new fiscal year. FISCAL IMPACT: The subject item will not create a fiscal impact at this time. However, should the City choose to become a member of the SBRHT, membership dues will be required on an annual basis. Page 345 Page 4 1 5 5 3 COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: Goals of the SBRHT include increasing the regions affordable housing supply and protecting against displacement and poor housing conditions. The subject item is consistent with the City Council’s core values, as it serves to provide and nurture a high quality of life for all; building and preserving a family-oriented atmosphere; intentionally embracing and anticipating the future; and contributing to equitable prosperity for all. ATTACHMENTS: Attachment 1 - Draft Letter of Interest Page 346 November 2, 2022 Raymond W. Wolfe, Executive Director San Bernardino Council of Governments 1170 W. Third Street, 2nd Floor San Bernardino, California 92410 RE: INTEREST IN PARTICIPATING IN SAN BERNARDINO REGIONAL HOUSING TRUST Dear Mr. Wolfe, The City of Rancho Cucamonga is interested in participating in the San Bernardino Regional Housing Trust (SBRHT) to be established by the San Bernardino Council of Governments (SBCOG). Through the SBHRT, the City of Rancho Cucamonga intends to further the SBHRT’s goal to attract significant funding and affordable housing development interest into the San Bernardino region. The City of Rancho Cucamonga anticipates that SBCTA/SBCOG will administer SBRHT and that each participating Party shall make annual contributions toward the budgeted administrative costs of SBRHT. In return, SBRHT will provide services and support to the region and its Parties to carry out the purpose of SBRHT. This letter of interest is not a commitment, and we are providing this letter only to further the planning for the establishment of the SBRHT. Final commitment to join the SBHRT will be subject to Rancho Cucamonga City Council approval, funding availability, and other factors. Should you have any questions regarding Rancho Cucamonga’s interest, please contact Matt Marquez, Director of Planning & Economic Development at matt.marquez@cityofrc.us or at (909) 477-2750 Ext. 4308. Sincerely, L.Dennis Michael Mayor City of Rancho Cucamonga Attachment 1 Page 347 1 SBCTA/SBCOG in Collaboration with Regional Housing Trust San Bernardino Region PRESENTED BY DUDEK NOVEMBER 2022 2 What is a Housing Trust?01 3 Housing Trust Benefits Flexible Source of Gap Financing •Revolving Loan Funds Ability to Compete for State Funds •Local Housing Trust Program Targeted Solutions for Regional Issues •Workforce Housing Ability to Pool Resources •Helps funds go further 4 Housing Trust Vision and Goals •Attract affordable housing developers. •Increase/preserve the region’s affordable housing supply. •Increase equitable access to community resources. •Provide financial relief for vulnerable and cost-burdened households. •Protect against displacement and poor housing conditions Attract significant funding and affordable housing development interest into the San Bernardino region. 5 Why Do We Need a Housing Trust?02 6 Why are we here? Household Overcrowding (more than 1 persons per bedroom) •The Region has Census tracts with concentrations of more than 20% of households that experience overcrowded. Household Overpayment (spending more than 30% of income on housing costs) •Renters are especially cost burdened •The Region has Census tracts where more than 80% of renters are burdened by the cost of housing. 7 Why are we here? Poverty (varies by number of people per household –a family of 4 [2 adults and 2 children] are considered to live in poverty if they earn less than $27k per year) •The Region has Census tracts with concentrations of more than 40% of households living below the poverty level Cost of Transportation (as a percent of total household income) •Regional average transportation cost is 27% •Regional average combined housing and transportation cost is 59% Tax Credit -Higher Resource Areas (higher resource areas are more competitive for accessing TCAC funds for affordable housing) •Most areas in the region fall within the moderate to low resource categories. 8 5th Cycle 6th Cycle 22,663 34,543 2,216 25,220 Lower-Income Moderate/ Above Moderate-Income 5th Cycle RHNA Compared to Units Permitted San Bernardino County RHNA Units Permitted 10% of Lower- Income RHNA Achieved 57,570 80,540 Lower-Income Moderate/ Above Moderate-Income 6th Cycle RHNA Allocation San Bernardino County RHNA Increase of 140% 73% of Mod/Above Mod-Income RHNA Achieved Regional Housing Needs Assessment (RHNA) Cycles 9 Steps Taken To Date03 10 Strategic Plan Outreach Summary Housing Need Analysis Funding Opportunity Analysis Housing Trust Activities Affordable Housing and Project Pipeline Inventory Local Funding Gap Analysis 11 Outreach Summary Outreach to all SBCOG member jurisdictions Individual meetings with 15 member jurisdictions 16/25 member jurisdictions –Interested/Potentially Interested with many “unknown” Interviews with outside organizations •Orange County Housing Finance Trust •County of Orange •San Gabriel Valley Regional Housing Trust •Inland SoCal Housing Collective •San Diego Innovative Housing Trust Group Presentations •SBCOG Board •City/County Managers •Planning Directors 12 Funding Opportunity Analysis Grant Funding Pursuits Member Agency Revolving Loan Fund •Interest gained over time Nonprofit Component •Private Donations VMT Mitigation Bank Earmark Funds 13 14 Local Funding Gap Analysis 5 Recently Completed Developments •445 affordable units created •$247,258,861 total investment •Local funding share is 33% total project cost 4 Pipeline Projects •321 affordable units •$146,880,151 total investment •Local funding share is 35% total project cost *Local funds provide a notable financing layer that closes the affordable housing development gap. 15 Housing Trust Structure04 16 Purpose and Structure Includes the following: Vision The San Bernardino Regional Housing Trust will attract significant funding and affordable housing development interest into the San Bernardino region. Through strong participatory governance, member jurisdictions will increase the region’s affordable housing supply, reduce household overcrowding, increase equitable access to community resources, and provide financial relief for vulnerable and cost - burdened households. Goals Increase/preserve region’s affordable housing supply Attract affordable housing developers Increase housing opportunities Protect against displacement and poor housing conditions 17 A program or organization that raises funding for: New Construction of Affordable Housing Affordable Housing Preservation or Rehabilitation Community Land Trusts Workforce Housing Pre -Development Loans Down Payment Assistance Financing for the Purchase of Land Programming Priorities 18 Administration05 19 Board of Directors Composition Board of Directors: One Director per Party (elected or designee by the jurisdictions’ appointed body) Alternates for each Director position Members will be incentivized to join as founding members Members will be penalized for joining the Trust late Two (2) year term limit (no limit to number of terms) 20 Administration Staffing Independent contractors, agents, volunteers, and consultants Treasurer and Auditor/Controller Lumped in with COG Annual Audits Attorney Accounts Need to establish accounts and subaccounts in commercial banking institutions 21 Cost of the Trust06 22 Projected Cost $315,000 Annual Operating Budget Population Annual Admin Fee Up to 25,000 $10,000 25,001 –50,000 $15,000 50,001 –75,000 $20,000 75,001 –100,000 $25,000 100,001+$30,000 23 Visualizing How it Works07 24 25 26 27 Next Steps08 28 Steps to Establish a Regional Housing Trust Identify Participating Jurisdictions Draft Administrative Plan REAP 2.0 Funding Application Establish a Joint Powers Authority (JPA) Adopt an Administrative Plan 29 Schedule October November December January February March April May •CCMTAC •Letters of Interest •CCMTAC •GPC •MVSS •Mtn/ Desert Committ ee •Board •REAP 2.0 Applicati on •Board •Establish JPA (Ongoing) •Launch Housing Trust (Ongoing) 2022 2023 30 DATE:November 2, 2022 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Robert Neiuber, Human Resources Director SUBJECT:Consideration to Approve the City Manager's Amended and Restated Employment Agreement. (CITY) RECOMMENDATION: Staff recommends that the City Council approve the attached amended and restated employment agreement between the City Council of the City of Rancho Cucamonga and the City Manager, John R. Gillison. BACKGROUND: On July 6, 2011, the City Council approved an employment contract with John Gillison to serve as City Manager with an effective date of September 1, 2011. That agreement provides for performance reviews with consideration for annual merit salary increases. The agreement has been amended from time to time since originally approved. ANALYSIS: City Council members recently completed their performance evaluation of John Gillison. The performance evaluation covered the period of November 2021 to November 2022. Based on the overall performance rating from that evaluation, the City Council directed staff to negotiate a contract amendment to reflect a merit increase in his performance. The proposed contract amendment would provide a two percent (2%) merit increase. The merit increase is consistent with the personnel rules as applied to all other city employees. The amendment would also provide that the City contribute an additional two percent (2%) of the Employee’s base salary into the Employee’s Health Reimbursement Arrangement (HSA), for a total of 13%. In addition, the amendment would provide that the City contribute an additional one percent (1%) of the Employee’s base salary into the employee’s 457 plan. Finally, the amendment would allow Mr. Gillison, on a one-time basis, to convert up to 160 hours of sick time into vacation time. The effective date would be the first full pay period after Council approval. This amendment incorporates those changes and restates the original contract and incorporates all of the previous amendments into one document. Staff recommends that the City Council approve the attached amended and restated City Manager’s contract. FISCAL IMPACT: The changes to the contract will result in an annual increase of $20,100. Page 348 Page 2 1 5 5 7 COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: Approving this amendment to the City Manager’s contract provides the ongoing leadership necessary to forward the Mission, Vision, Core Values, and Goals of the City Council. ATTACHMENTS: Attachment 1 - Amended and Restated Employment Agreement Page 349 AMENDED AND RESTATED EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into and shall be effective as of the 7th day of November 2022, by and between the CITY OF RANCHO CUCAMONGA, California, a Municipal Corporation, hereinafter called the “City,” and JOHN ROBERT GILLISON, hereinafter called “Employee.” RECITALS A. City desires to retain the services of Employee in the position of City Manager, and Employee desires to continue employment as City Manager of the City; B. The City Council desires to: (1) Retain the services of Employee. (2) Encourage the highest standards of fidelity and public service on the part of Employee. (3) Provide a just means for terminating Employee’s employment and this Agreement when City may desire to do so; C. The parties further desire to establish, amend, and restate the Employee’s conditions of employment. This agreement represents a restatement of the Employee’s prior Employment Agreement and previous amendments and supersedes all other agreements as of the effective date. NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained the parties agree as follows: 1. Duties. City hereby employs Employee as City Manager of City, Appointing Authority of the Rancho Cucamonga Fire District, and Executive Director of the Rancho Cucamonga EIFD Public Financing Authority to perform the functions and duties of the City Manager, Executive Director and Appointing Authority as specified in City’s Municipal Code and to perform such other legally permissible and proper duties and functions as the City Council may from time to time assign to Employee. Employee agrees to devote Employee’s full time and effort to the performance of this Agreement and to remain in the exclusive employ of City and not to become otherwise employed while this Agreement is in effect without the prior written approval of the City Council. 2. Hours of Work. Employee shall maintain a regular work schedule consistent with that approved by the City Council for other management employees of the City. Employee's duties may involve expenditures of time in excess of ten (10) hours per day and/or forty (40) hours per week, and may also include time outside normal office hours such as attendance at City Council meetings. Employee shall not be entitled to additional compensation for such time. The parties agree that Employee's occasional absences from City Council meetings may be excused in accordance with Section 2.08.130 of the Rancho Cucamonga Municipal Code. ATTACHMENT 1 Page 350 - 2 - 3. Term. This Agreement shall be effective November 7, 2022, and will remain in force and effect until terminated as provided herein. 4. Salary. Effective November 7, 2022, the City shall pay Employee for the performance of Employee's duties as City Manager under this Agreement, a monthly salary of $27,968. This is a regular annual merit increase of 2% from step 1813 to step 1817 on the City's salary range for City Manager. Salary and/or benefit adjustments shall be considered by the City Council annually in conjunction with Employee's annual performance evaluation pursuant to paragraph 8 of this Agreement. Employee shall be eligible for regular annual merit increases in the same amount and manner as provided for other Executive Management employees in the City's Personnel Rules and Regulations and then effective Executive Management Memorandum of Understanding. In addition, Employee shall receive non-merit increases in the same amount and at the same time as that provided to other Executive Management employees. City shall not, at any time during the term of this Agreement, reduce Employee's salary or benefits unless such reduction is imposed across-the-board for all Executive Management employees of the City. 5. Benefits. Employee shall receive the same benefits, including leave accruals and cash out provisions, holidays and other benefits on the same terms and conditions as provided to other Executive Management employees, with the following exceptions: a.Deferred Compensation – City shall contribute 1% more than the highest amount provided to any other Executive Management employee in the employee’s 401a plan. b. City shall contribute 17% + $1,000.00 of Employee’s salary to Employee’s 401a plan. City shall contribute an additional 1% of Employee's salary into Employee's 457 plan, for a total of 1% + $500. c. Employee shall pay eight percentage points of his PERSable compensation towards the CalPERS member contribution This eliminates the Employee Paid Member Contribution (EPMC) for the City Manager. It is understood that all contributions paid by the Employee as described in Paragraph 5c above shall be calculated based upon the full base salary of the Employee, plus any additional PERSable compensation. The City adopted a resolution providing that all employee CalPERS contributions shall be deducted on a pre-tax basis to the extent permitted by law or IRS regulation. Page 351 - 3 - d. City shall contribute an additional 2% of Employee’s base salary into the Retirement Health Savings Program. for a total of 13%. e. Employee shall have a separate City Manager Employee Wellness benefit allowing for an annual physical examination. The City shall cover an amount up to the cost of a Loma Linda executive wellness physical examination. f. City agrees that Employee may convert 160 hours of sick leave into vacation leave on a one-time basis before December 31, 2022. 6. General Expenses and Business Equipment. City recognizes that certain expenses of a non-personal and job-related nature may be incurred by Employee. City agrees to reimburse Employee for reasonable expenses which are authorized by the City budget and which are supported by expense receipts, statements or personal affidavits, and audit thereof in like manner as other demands against the City. 7. Official and Professional Development Expenses. City shall pay reasonable sums for professional dues and subscriptions for Employee necessary in the judgment of the City Council for Employee’s continued participation in associations and organizations, which memberships are necessary and desirable for the continued professional development of Employee and for the good of the City, such as the League of California Cities, International City/County Management Association, American Society for Public Administration, and California City Management Foundation. Notwithstanding the foregoing, the City Council shall have discretion to establish appropriate amounts, in the annual City budget or otherwise, for official and professional development expenses and travel costs. 8. Performance Evaluation. The City Council shall review and evaluate Employee's performance annually beginning on or before November 1, of each subsequent year. 9. Indemnification. City shall defend, hold harmless and indemnify Employee against any claim, demand, judgment, or action of any type or kind arising within the course and scope of Employee’s employment to the extent required by Government Code Sections 825 and 995. 10. Other Terms and Conditions of Employment. (A) The City Council may from time to time fix other terms and conditions of employment relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provision of this Agreement, the Municipal Code, or other applicable law. (B) The provisions of the City’s Personnel Rules and Regulations (“Rules”) shall apply to Employee to the extent they explicitly apply to the position of City Manager, Page 352 - 4 - except that if the specific provisions of this Agreement conflict with the Rules, the terms of this Agreement shall prevail. Without limiting the generality of the exception noted in the previous sentence, however, no provision of the Rules or this Agreement shall confer upon Employee a property right in Employee’s employment or a right to be discharged only upon cause during Employee’s tenure as City Manager. At such times as Employee is serving as City Manager, Employee is an at-will employee serving at the pleasure of the Council and may be dismissed at any time with or without cause, subject only to the provisions of this Agreement. (C) Employee shall be exempt from paid overtime compensation and from Social Security taxes other than the mandatory Medicare portion of such taxes. 11. General Provisions. (A) This Agreement constitutes the entire agreement between the parties. City and Employee hereby acknowledge that they have neither made nor accepted any other promise or obligation with respect to the subject matter of this Agreement. This Agreement may be amended only by a writing signed by Employee, approved by the City Council, and executed on behalf of the City. (B) If any provision or any portion of this Agreement is held to be unconstitutional, invalid or unenforceable, the remainder of the Agreement shall be deemed severable and shall not be affected and shall remain in full force and effect. (C) This Agreement may be terminated by City upon delivery of notice to Employee, with or without cause subject only to the requirements of paragraph 12 below. Notice of termination (Employee’s resignation) to City shall be given in writing to City, either by personal service or by registered or certified mail, postage prepaid, addressed to City as follows: Mayor City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Any notice to Employee shall be given in a like manner, and, if mailed, shall be addressed to Employee at the address then shown in City’s personnel records. For the purpose of determining compliance with any time limit stated in this Agreement, a notice shall be deemed to have duly given (a) on the date of delivery, if served personally on the party to whom notice is to be given, or (b) on the second (2nd) calendar day after mailing, if mailed in the manner provided in this section to the party to whom notice is to be given. Notwithstanding the forgoing, this Agreement shall automatically terminate on the death or permanent disability of Employee and Employee agrees to give City not less than 30 calendar days’ written notice of his resignation. The City also agrees to provide Employee written notice of intent to terminate not less than 30 calendar days of the effective date of his termination. Further, Employee shall not be removed from office, other than for cause or a ground or grounds delineated in Exhibit “A” hereto, during or Page 353 - 5 - within a period of ninety days succeeding any general or special municipal election in which a new city councilmember is elected, or when a new city councilmember is appointed. (D) If an action at law or in equity is necessary to enforce or interpret this Agreement, the prevailing party in that action shall be entitled to reasonable and actual attorneys’ fees and costs with respect to the prosecution or defense of the action. (E) A waiver of any of the terms and conditions of this Agreement shall not be construed as a general waiver by the City and the City shall be free to enforce any term or condition of this Agreement with or without notice to Employee notwithstanding any prior waiver of that term or condition. 12. Termination and Severance. City may terminate this contract without cause only upon a four-fifths vote of the entire City Council. If City terminates this contract without such cause as hereinafter defined, then City shall pay Employee the total of eighteen (18) months base salary paid in eighteen (18) consecutive equal installments as severance at or prior to Employee's last day of employment. City may terminate this contract with cause at any time upon three-fifths vote to the City Council, upon any of the grounds delineated in Exhibit "A" hereto. Employee shall have no right to receive severance if terminated for cause. Page 354 - 6 - IN WITNESS WHEREOF the parties have executed this Agreement as of the day and year first above written. EMPLOYEE CITY OF RANCHO CUCAMONGA _________________________ ______________________________ John Robert Gillison L. Dennis Michael CITY MANAGER MAYOR Approved as to form: ATTEST: _________________________ ______________________________ Nicholas Ghirelli CITY CLERK CITY ATTORNEY Page 355 - 7 - EXHIBIT “A” GROUNDS FOR TERMINATION 1. Incompetency such as failure to comply with the minimum standards for Employee’s position for a significant period of time. 2. Neglect of duty, such as failure to timely perform the duties required of Employee’s position. 3. Dishonesty involving employment. 4. Being under the influence of alcohol or intoxicating drugs while on duty. 5. Addiction to or habitual use of alcoholic beverages, narcotics or any habit forming drug which interferes with Employee’s ability to deliver public service. 6. Absence without leave. 7. Conviction of a crime or conduct constituting a violation of state law which interferes with Employee’s ability to deliver public service. 8. Improper or unauthorized use of City property. 9. Employee’s failure to resolve a physical or mental infirmity(s) or defect(s) affecting job performance when it is within the capacity of the employee to do so. 10. Acceptance from any source of any emolument, reward, gift or other form of remuneration in addition to Employee’s regular compensation, as a personal benefit to the employee for actions performed in the normal course of Employee’s assigned duties. 11. Falsification of any City report or record or of any report or record required to be, or, filed by Employee. 12. A breach of Employee’s employment agreement. Page 356