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2012/08/01 - Agenda Packet - Regular
city of an(swAAN H6 CU CA MU N CjA 10500 Civic Center Drive � Rancho Cucamonga, CA 91730.3801 City Office: (909)477.2700 AGENDAS FIRE PROTECTION DISTRICT BOARD PUBLIC FINANCING AUTHORITY CITY COUNCIL REGULAR MEETINGS 18t and 3rd Wednesdays � 7:00 P.M. AUGUST 1 , 2012 ORDER OF BUSINESS CLOSED SESSION Tapia Conference Room................. 5:00 P.M. Call to Order Public Communications Conduct of Closed Session City Manager Announcements REGULAR MEETINGS Council Chambers........................... 7:00 P.M. MEMBERS MAYOR L. Dennis Michael MAYOR PRO TEM Sam Spagnolo COUNCIL MEMBERS William Alexander Chuck Buquet Diane Williams CITY MANAGER John R. Gillison CITY ATTORNEY James L. Markman CITY CLERK Janice C. Reynolds *C� INFORMATION FOR THE PUBLIC TO ADDRESS THE FIRE BOARD, AUTHORITY BOARD AND CITY COUNCIL The Fire Board,Authority Board and City Council encourage free expression of all points of view. To allow all persons to speak, given the length of the Agenda, please keep your remarks brief. If others have already expressed your position,you may simply indicate that you agree with a previous speaker. If appropriate,a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Fire Board,Authority Board or City Council by filling out a speaker card and submitting it to the City Clerk. The speaker cards are located on the wall at the back of the Chambers, at the front desk behind the staff table and at the City Clerk's desk. If as part of your presentation you would like to display audio or visual material please see the City Clerk before the meeting commences. Any handouts for the Fire Board, Authority Board or City Council should be given to the City Clerk for distribution. During"Public Communications,"your name will be called to speak on any item listed or not listed on the agenda in the order in which it was received. The "Public Communications" period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items(with the exception of public hearing items)will be accepted once the business portion of the agenda commences. Any remaining "Public Communications" which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. If you are present to speak on an "Advertised Public Hearing" item or on an "Administrative Hearing Item(s)," your name will be called when that item is being discussed, in the order in which it was received. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. AGENDA BACK-UP MATERIALS- Staff reports and back-up materials for agenda items are available for review at the City Clerk's counter,the City's Public Library(-ies)and on the City's website. A complete copy of the agenda is also available at the desk located behind the staff table during the Council meeting. LIVE BROADCAST-Fire Board,Authority Board and City Council meetings are broadcast live on Channel 3 for those with cable television access. Meetings are rebroadcast on the second and fourth Wednesdays of each month at 11:00 a.m. and 7:00 p.m. The City has added the option for customers without cable access to view the meetings "on- demand"from their computers. The added feature of"Streaming Video On Demand"is available on the City's website at www.cityofrc.us/cityhall/council/videos.asp for those with Hi-bandwidth(DSL/Cable Modem)or Low-bandwidth (Dial-up) Internet service. The Fire Board,Authority Board and City Council meet regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. Members of the City Council also sit as the Fire District Board and the Public Financing Authority Board. Copies of the agendas and minutes can be found @ www.citvofrc.us ® If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477-2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. Please turn off all cellular phones and pagers while the meeting is in session. FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA AUGUST 1 , 2012 A. 5:00 P.M. - CLOSED SESSION CALL TO ORDER -TAPIA CONFERENCE ROOM 1. Roll Call: Mayor Michael Mayor Pro Tern Spagnolo Council Members Alexander, Buquet and Williams CLOSED SESSION CALLED TO ORDER AS THE FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY AND CITY COUNCIL. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) D. CONDUCT OF CLOSED SESSION - TAPIA CONFERENCE ROOM ji D1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) — DAVID HERNANDEZ VS. CITY OF RANCHO CUCAMONGA, ET AL., CASE NO. CIVRS913831 — CITY D2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION PURSUANT GOVERNMENT CODE SECTION 54956.9(B)—ONE POTENTIAL CASE- FIRE D3. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 5747 EAST AVENUE IN THE CITY OF RANCHO CUCAMONGA AND IDENTIFIED AS ASSESSOR'S PARCEL NUMBER 0225-131-21. NEGOTIATING PARTIES: KENNETH FLING, ASSISTANT ENGINEER AND WALTER STICKNEY, ASSOCIATE ENGINEER, CITY OF RANCHO CUCAMONGA AND INTEX PROPERTIES INLAND EMPIRE, INC. REGARDING PRICE AND TERMS OF AGREEMENT— CITY D4. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 5734 EAST AVENUE IN THE CITY OF RANCHO CUCAMONGA AND IDENTIFIED AS ASSESSOR'S PARCEL NUMBER 0225-122-05. NEGOTIATING PARTIES: KENNETH FLING, ASSISTANT ENGINEER AND WALTER STICKNEY, ASSOCIATE ENGINEER, CITY OF RANCHO CUCAMONGA AND NEPTUNE INVESTMENT GROUP, INC. REGARDING PRICE AND TERMS OF AGREEMENT— CITY D5. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT THE SOUTHEAST AND SOUTHWEST CORNERS OF UNIMPROVED PROPERTY IN THE CITY OF RANCHO CUCAMONGA AND IDENTIFIED AS ASSESSOR'S PARCEL NUMBERS 0225-122-04 AND 0225-131-20. NEGOTIATING PARTIES: KENNETH FILING, ASSISTANT ENGINEER AND WALTER STICKNEY, ASSOCIATE ENGINEER, CITY OF RANCHO CUCAMONGA AND METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA REGARDING PRICE AND TERMS OF AGREEMENT— CITY FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND 2 CITY COUNCIL AGENDA „,.,,, AUGUST 1 , 2012 D6. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 13449 WILSON AVENUE, 13549 WILSON AVENUE, 13603 WILSON AVENUE, 13610 WILSON AVENUE AND 13757 WILSON AVENUE IN THE CITY OF RANCHO CUCAMONGA AND IDENTIFIED AS ASSESSOR'S PARCEL NUMBERS 0225-131-05, 0225-131-06, 0225-131-07; 1087-081- 29, 1087-081-30 and 0226-101-01. NEGOTIATING PARTIES: KENNETH FLING, ASSISTANT ENGINEER AND WALTER STICKNEY, ASSOCIATE ENGINEER, CITY OF RANCHO CUCAMONGA AND SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT REGARDING PRICE AND TERMS OF AGREEMENT— CITY D7. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 9059 SAN BERNARDINO ROAD. NEGOATIATING PARTIES: LINDA DANIELS, ASSISTANT CITY MANAGER AND NETTIE NIELSEN, COMMUNITY SERVICES DIRECTOR AND ORCHARD CAPITAL, LLC. REGARDING PRICE AND TERMS OF AGREEMENT— SUCCESSOR AGENCY E. CITY MANAGER ANNOUNCEMENTS F. RECESS CLOSED SESSION TO RECESS TO THE REGULAR FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY BOARD AND CITY COUNCIL MEETINGS AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. G. REGULAR MEETING FLL- CALL TO ORDER - 7:00 P.M. COUNCIL CHAMBERS THE REGULAR MEETINGS OF THE FIRE PROTECTION DISTRICT, PUBLIC FINANCE AUTHORITY BOARD AND CITY COUNCIL WILL BE CALLED TO ORDER. IT IS THE INTENT TO CONCLUDE THE MEETINGS BY 10:00 P.M., UNLESS EXTENDED BY CONCURRENCE OF THE FIRE BOARD, AUTHORITY BOARD AND COUNCIL. G1. Pledge of Allegiance G2. Roll Call: Mayor Michael Mayor Pro Tern Spagnolo Council Members Alexander, Buquet and Williams H. ANNOUNCEMENTS/PRESENTATIONS H1. Presentation of a $10,000 contribution to Freedom Courtyard from the San Manuel Band of Mission Indians. H2. Recognition of Pacific Taekwondo Training Center (PTTC) competition team for medaling in the USA Taekwondo National Championships/Junior Olympics. FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND $ CITY COUNCIL AGENDA AUGUST 1 , 2012 H3. Presentation regarding the Pedestrian and Traffic Safety Campaign in Rancho Cucamonga. H4. Recognition of GRID Alternatives Inland Empire and Four Rancho Cucamonga Homeowners for Installing No-Cost Solar Photovoltaic Systems. H5. Swearing in of new Library Foundation Members Darren Vilardo and Kathy Sommer, and reappointed Library Foundation Members Ruth Leal, Teresa Akahoshi, Rebecca Davies and Leslie May. (City Clerk) I. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Fire Protection District, Public Finance Authority Board and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Public Finance Authority Board and City Council from addressing any issue not previously included on the Agenda. The Fire Board, Public Finance Authority Board and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Authority Board or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items)will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Fire Board/Authority Board/Council at one time without discussion. Any item may be removed by an Fire Board/Authority Board/Council Member for discussion. J. CONSENT CALENDAR - FIRE PROTECTION DISTRICT i J1. Approval of Minutes: July 4, 2012 (Regular Meeting—Cancelled) July 18, 2012 (Regular Meeting) J2. Approval of Check Register dated July 11, 2012 through July 24, 2012 for the total amount of$316,658.99. FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND 4 CITY COUNCIL AGENDA AUGUST 1 , 2012 J3. Authorization to renew contract (CO 03-084) with EMCOR Service/Mesa Energy Systems, 6 Inc. (EMCOR Service), California on a month-to-month basis with no fee increase for Fiscal Year 2012-2013 for HVAC/Control Work and related Energy Management Systems in the amount of$216, 000 for City Facilities and $23,640 for Fire District Facilities; approve extra repair work for City Facilities not to exceed $215,000; and perform indoor Air Quality Modifications as needed at City-Wide Facilities not to exceed $10,000; for City and Fire District Facilities, to be funded from 1001312-5304, 1025001-5304, 1700201-5304, 3281511-5300, 3281517-5300, 3281512-5300, 3281515-5300, 3281527-5300, 3282513- 5300, 3282514-5300, 3282527-5300 and 3283516-5300. K. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY K1. Approval of Minutes: July 4, 2012 Regular Meeting - Cancelled July 18, 2012 (Regular Meeting) L. CONSENT CALENDAR - SUCCESSOR AGENCY L1. Approval of a Second Loan Modification Agreement between the City of Rancho 7 Cucamonga as the Housing Successor Agency to the Rancho Cucamonga Redevelopment Agency and San Sevaine Villas, LP. M. CONSENT CALENDAR - CITY COUNCIL M1. Approval of Minutes: July 4, 2012(Regular Meeting—Cancelled) July 12, 2012 (Special Meeting) July 18, 2012 (Regular Meeting) M2. Approval of Check Register dated July 11, 2012 through July 24, 2012 and payroll ending 16 July 24, 2012 for the total amount of$4,432,472.62. M3. Approval to allocate $111,291 awarded by San Bernardino First 5 into Healthy RC 54 Revenue Account No. 1218000-4905 and appropriate $14,436 into Account No. 1218102- 5000, $6785 into Account No. 1218102-5030, and $90,070 into Account No. 1218102-5200 for costs associated with the development and coordination of various Healthy RC programs and activities for children ages 0-5 and their families. M4. Approval to allocate $10,000 awarded by Inland Empire United Way into Healthy RC 55 Revenue Account No. 1218000-4905 and appropriate $9,000 into Account No. 1218102- 5200 and $1,000 into Account No. 1218102-5300 for costs associated with the Bringing Health Home Program. M5. Approval of Resolution adopting a policy to continually comply with all the requirements of 56 the Brown Act during the State of California's three-year suspension of State Mandates as contained in AB 1464 and SB 1006. FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND 5 CITY COUNCIL AGENDA AUGUST 1 , 2012 RESOLUTION NO. 12-129 56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ADOPTING A POLICY TO CONTINUALLY COMPLY WITH ALL THE REQUIREMENTS OF THE BROWN ACT DURING THE STATE OF CALIFORNIA'S THREE-YEAR SUSPENSION OF STATE MANDATES AS CONTAINED IN AB 1464 AND SB 1006 M6. Approve a negotiated purchase from NEC Unified Solutions, Inc. (NEC), (CO#12-080) for 61 hardware, software, and installation services to upgrade the City's voice mail system, to include unified messaging, unified communications, and in-house system maintenance abilities, in the amount of$80,147, and authorize a contingency in the amount of$10,284, utilizing General Administration Services (GSA) contract number GS-35F-0245J, funded from 1712001-5603(Equip/Vehicle Replacement). M7. Approval to allocate $8,000 from California State Library Fund Balance and appropriate 63 $8,000 into Expenditure Account 1291602-5300 for Local History Project. M8. Approval to allocate $12,000 from Library Services and Tech Act Fund Balance and appropriate $12,000 into Expenditure Account 1302601-5200 for Play and Learn Island TM 64 Project. M9. Approval of a single source vendor selection with Calsense of Carlsbad, CA, for routine 65 system parts and repairs in annual amounts as per adopted budget funded by Multiple City and Landscape Maintenance accounts with an option to renew for additional one year periods, upon review and confirmation of pricing and mutual consent, up to a total of four years beginning in Fiscal Year 2012-13. M10. Authorization to renew contract (CO 03-084) with EMCOR Service/Mesa Energy Systems, 66 Inc. (EMCOR Service), California on a month-to-month basis with no fee increase for Fiscal Year 2012-2013 for HVAC/Control Work and related Energy Management Systems in the amount of$216, 000 for City Facilities and $23,640 for Fire District Facilities; approve extra repair work for City Facilities not to exceed $215,000; and perform indoor Air Quality Modifications as needed at City-Wide Facilities not to exceed $10,000; for City and Fire District Facilities, to be funded from 1001312-5304, 1025001-5304, 1700201-5304, 3281511-5300, 3281512-5300, 3281515-5300, 3281527-5300, 3282513-5300, 3282514- 5300, 3282527-5300, 3283516-5300 and 3281517-5300. M11. Authorization to renew contract (CO 09-220) with Republic ITS, Inc. of Novato, California 67 with no fee increase and consistent with original competitive bid process for Fiscal Year 2012-2013 for Citywide Traffic Signal Maintenance in an annual amount of $543,810 ($145,248 annual contract plus $398,562 extra work allowance), to be funded from Account Number 1177303-5300 (Measure 12010-2040). M12. Release of Maintenance Guarantee Cash Deposit for DRC2005-00831, located at the 68 northeast corner of Vineyard Avenue and San Bernardino Road, submitted by Mapleton International Financial, L.P. M13. Approval of Improvement Agreement extension for Tract 18032, located on the west side of 70 Day Creek Boulevard, south of Vintage Drive, submitted by Meritage Homes of California. AL FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND g CITY COUNCIL AGENDA AUGUST 1 , 2012 RESOLUTION NO. 12-130 71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 18032 M14. Approval to substitute Improvement Agreement and Improvement Security for Tract Map 77 16651, located on the north side of Foothill Boulevard west of Cucamonga Channel, submitted by D. R. Horton Los Angeles Holding Company, Inc. RESOLUTION NO. 12-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 79 RANCHO CUCAMONGA, CALIFORNIA, APPROVING A NEW IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT MAP 16651 AND RELEASING THE CURRENT IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY M15. Accept the bids received and award and authorize the execution of the contract (CO#12- 80 081) in the amount of $75,978.40, to the lowest responsive bidder, Solarmax Renewable Energy Provider, Inc., and authorize the expenditure of a 15% contingency in the amount of $11,396.76 for the installation of a solar photovoltaic system at the Paul A. Biane Library at Victoria Gardens to be funded from Utility Fund Account No. 1706303-5209. M16. Approval of a Resolution of Intention to approve an amendment to the contract between the 83 Board of Administration of the California Public Employees' Retirement System and the City Council of the City of Rancho Cucamonga excluding future Elected Officials from CalPERS Membership. RESOLUTION NO. 12-132 84 A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRACTION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA N. CONSENT ORDINANCE The following Ordinance has been introduced for first reading. Second readings are expected to be routine and non-controversial. The Council will act upon them at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion by a Council Member. FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND 7 CITY COUNCIL AGENDA AUGUST 1 , 2012 N1. MUNICIPAL CODE AMENDMENT DRC2010-00571 AND ADDENDUM TO THE 91 GENERAL PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT (FPEIR) (SCH #2000061027) — CITY OF RANCHO CUCAMONGA — A comprehensive update to the Development Code including a request to replace Title 17 (Development Code), modify Chapter 2.24 (Historic Preservation), modify Chapter 1.12 (Penalties, Administrative and Civil Remedies and General Provisions), delete Chapter 5.12 (Regulation of Entertainment), delete Title 14 (Signs), delete Chapter 19.08 (Tree Preservation) and other clarifying amendments of the City of Rancho Cucamonga Municipal Code as well as a proposed addendum to the General Plan Final Program Environmental Impact Report (FPEIR). ORDINANCE NO. 855 (SECOND READING) 93 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MUNICIPAL CODE AMENDMENT DRC2010-00571, A COMPREHENSIVE UPDATE TO THE DEVELOPMENT CODE, AND MAKING FINDINGS IN SUPPORT THEREOF. O. ADMINISTRATIVE HEARING ITEM(S) Speaker cards may be submitted for all those who wish to speak on the following topic(s). Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals wishing to speak. All communications are to be addressed directly to the Fire Board, Authority Board or City Council, not to members of the audience. 01. Approval of a Resolution establishing a Healthy Food and Beverage Policy for the City of 170 Rancho Cucamonga. RESOLUTION NO. 12-133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO 173 CUCAMONGA, CALIFORNIA, ESTABLISHING A HEALTHY FOOD AND BEVERAGE POLICY P. CITY MANAGER'S STAFF REPORTS - SUCCESSOR AGENCY P1. Update on the dissolution of Redevelopment. (Oral Report) P2. Approval of Agreement for Advance and Reimbursement from Bond Proceeds for Public 177 Infrastructure Costs between the City and the Successor Agency to the Rancho Cucamonga Redevelopment Agency. Q. CITY MANAGER'S STAFF REPORTS - CITY The following items have no legal publication or posting requirements. FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND 8 CITY COUNCIL AGENDA ,C;,C„ML,,N<,, AUGUST 1 , 2012 Q1. Approval of Agreement for Advance and Reimbursement from Bond Proceeds for Public 182 Infrastructure Costs between the City and the Successor Agency to the Rancho Cucamonga Redevelopment Agency. 02. Authorize a single source contract (CO#12-082) with ASSI Security, Inc. for the installation 187 of security access controls, cameras, cabling, and recorders at the Public Works Service Center and Household Hazardous Waste Building, in the amount of $90,574, including a 10% contingency, funded from Account Number 1025001-5650/1650025-0 $74,271.00 (Capital Projects-City Yard Expansion); 1188313-5650/1525188-0, $16,303.00 (Integrated Waste Management), and authorize the following appropriations for the Contract: $74,271.00 into Account 1025001-5650/1650025-0 and $16,303.00 into Account 1188313- 5650/1525188-0. Q3. Approve a contract (CO#12-083) with ComTech Infrastructure Solutions, Inc. for the 189 installation of telephone and data network cabling at the Public Works Service Center and Household Hazardous Waste Building in the amount of $70,409, including a 10% contingency, in accordance with RFB#11/12-015, funded from Account Number 1025001- 5650/1650025-0 $61,023.00 (Capital Projects-City Year Expansion); 1188313- 5650/1525188-0 $9,386.00 (Integrated Waste Management), and authorize the following appropriations for the Contact: $61,023.00 into Account 1025001-5650/1650025-0 and $9,385.00 into Account 1188313-5650/1525188-0. Q4. Award and authorize an increase to Professional Services Agreement 04-188 in the 191 amount of $469,774 to AECOM to provide design changes required by Caltrans for the Base Line Road/1-15 Freeway Interchange Project, and appropriate $299,774 to Account No. 11983035650/1361198-0 from Fund 198 (Citywide Infrastructure Improvements) fund balance for said increase, including $31,000 for permits and mitigation credits. R. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. R1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) R2. LEGISLATIVE AND REGIONAL UPDATES (Oral) S. IDENTIFICATION OF ITEMS FOR NEXT MEETING T. ADJOURNMENT 1, Debra L. McNay, Assistant City Clerk/Records Manager, of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on July 26, 2012, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. July 4, 2012 CITY OF RANCHO CUCAMONGA FIRE PROTECTION DISTRICT MINUTES PUBLIC FINANCING AUTHORITY MINUTES CITY COUNCIL MINUTES Regular Meetings A. CALL TO ORDER The regular meetings of the Rancho Cucamonga Redevelopment Agency, Fire Protection District Board, Public Financing Authority Board and City Council, were cancelled. All items of business for these agendas were rescheduled for the July 18, 2012 meetings. Respectfully submitted, Debra L. McNay, MMC Assistant City Clerk/Records Manager Approved: * DRAFT * Fire Protection District, Public Financing Authority, City Council Minutes July 4, 2012 - Regular Meetings - CANCELLED July 12, 2012 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES - " D R A F T SPECIAL MEETING A. CALL TO ORDER A special meeting of the Rancho Cucamonga City Council was held on Thursday, July 12, 2012 at Rancho Cucamonga Hall at Central Park, located at 11200 Base Line Road, Rancho Cucamonga, California. Mayor L. Dennis Michael called the meeting to order at 6:00 p.m. Present were Councilmembers: Bill Alexander, Chuck Buquet, Diane Williams, Mayor Pro Tern Sam Spagnolo and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Linda Daniels, Assistant City Manager; Lori Sassoon, Deputy City Manager/Administrative Services; Bill Wittkopf, Public Works Services Director; Ingrid Bruce, GIS/Special Districts Manager and Debra L. McKay, Assistant City Clerk/Records Manager. B. PUBLIC COMMUNICATIONS Mayor Michael noted that the public communication period would be held after the staff presentation and the question and answer period. C. ITEMS OF BUSINESS C1. OPTIONS TO ADDRESS THE STRUCTURAL BUDGET DEFICIT IN LANDSCAPE MAINTENACE DISTRICT(LIVID) NO. 2 John Gillison, City Manager, presented background information on LIVID No. 2. In order to address costs, the specifications were substantially rewritten, the contract for landscaping was rebid and a lower cost was achieved. Mr. Gillison noted that a Proposition 218 process was conducted, a majority protest was determined to exist and the increased assessment was not approved. The City Council had directed that staff report back on the options available. Bill Wittkopf, Public Works Services Director; presented the staff report. He noted that LIVID No. 2 was formed in 1982 and consists of 5,795 single family residential parcels, 525 condominiums, 589 multi-family units, a church, schools, a fire station, 45.16 acres of commercial property and 19.72 acres of vacant property. There are 6 parks and 139 acres parkways, paseos, medians and community trails in the District. Mr. Wittkopf reported that the cost of water has increased 146%, electricity has increased 15%, contract maintenance costs have increased 41% and fuel has increased 367% since the last increase in assessment. He reported that unlike the newer Landscape Maintenance Districts, LIVID No. 2 does not provide for automatic adjustments to the assessments in order to cover these increased costs. Mr. Wittkopf indicated that the public landscapes in LIVID 2 were reduced to a "C' level of service in 2009 due to insufficient revenue. As noted previously, the landscape maintenance services were re-bid in 2010, which resulted in significant savings and the services levels were returned to an "A" level. In October 2011, he noted that service levels were lowered to a "B" level of service due to budget constraints, where they remain today. Special City Council Meeting Minutes- * D R A F T " July 12, 2012 Page 2 of 5 Mr. Wittkopf provided budgetary information, noting that the FY 2012/13 budget is $3,102,300. Estimated revenues are $2,880,640, with an estimated shortfall of$221,660. He presented to cost savings option to the City Council. Option 1 would be to decommission 1.5 million square feet of turf area to reduce expenditures by $300,000. Option 2 would be to decommission one acre of land for demonstration purposes and conduct a community engagement process to determine if property owners would prefer an approximate $38 annual increase to avoid decommissioning. In response to Mayor Pro Tern Spagnolo, Mr. Gillison indicated that the last increase in assessment was done in 1993, and believed that it was a small adjustment. Council Member Buquet addressed the stated increases in water and fuel and inquired as to the period of time. In response, Mr. Wittkopf noted that the water, fuel and electricity costs were calculated from 1993 to the present time. The contract cost was calculated from 1994 to 2009. Council Member Alexander noted that only limited options had been provided. He felt that the decommissioning option was akin to punishing a bad child. Council Member Alexander noted that the City set the standards for the landscape maintenance districts and indicated that this is the worst time to request an assessment increase. He inquired if the increase in the assessment could be spread over a period of several years and reserves used so as to lessen the impact to the community. In response City Manager John Gillison confirmed that spreading the increase in the assessment over a couple of years could be done. He noted that any increase in the assessment extends the life of the District and lessens the shortfall. A Proposition 218 election would still be required. In response to Mayor Michael, Mr. Wittkopf indicated that there are 11 landscape maintenance districts, 4 of which contain a provision for a CPI increase. Mayor Michael stated that a concern had been raised with the City waiting so long to bring these concerns to the residents. This time, he noted that the matter is being brought to the public's attention early on so that the community can be engaged in the solution. In response to Mayor Michael, Mr. Wittkopf addressed the cost savings actions taken to date. In response to Council Member Buquet, Mr. Gillison confirmed that staff had explored reducing the size of LMD No. 2. However, reducing the size did not make much of a difference and would require a Proposition 218 process. He noted that the landscaping is spread equally throughout the District. Council Member Buquet noted that there are not a lot of options available to the Council. He noted that it is easy to gloss over problems and postpone decisions. In response to Council Member Buquet, Mr. Gillison confirmed that staff is still exploring contingency plans. In response to Mayor Pro Tern Spagnolo, Mr. Gillison confirmed that the actual ballot language will need to be very specific. There is not an opportunity to put various scenarios in front of the voters. Mayor Michael asked for comments from the audience. Jeri Lee indicated that the proposal to decommission landscaping was blackmail, not punishment. She expressed a concern with the level of service in the District. Mrs. Lee stated that she had started reporting about the landscaping in 2009 and indicated that Day Creek is not being maintained. She wondered if there would be a guaranteed improvement if the assessment were raised. Lupe Eastman noted that most people in the audience would write a check right now for the $38.00. She was not aware of the deficiencies on Day Creek. She welcomed a community engagement process. * D R A F T * -Special City Council Meeting Minutes July 12, 2012 Page 3 of 5 Dave agreed that he could write a check right now. However, he noted that the concern was with the level of service. He noted that the need for an increase in assessment rates was never sold to the community and there were a lot of misunderstandings. Victor Muniz thought that the City would learn from the past Proposition 218 proceeding. He noted that the proposed decommissioning was an attempt to blackmail the community. Mr. Muniz stated that there were plenty of reserves to cover this shortfall, and pointed out that the contract should have been renegotiated sooner. He opposed a higher assessment and/or the use of a consultant and suggested that the City proceed with an alternative solution. John Lyons was opposed to paying for someone else's assessment district. He noted that the property owners decided to form his District as an alternative to a homeowner's association. Mr. Lyons stated that his District was well maintained and spoke of the benefit of landscape maintenance districts in the City. Priscilla Kanie recognized that her other expenses have gone up from 1993 to present. She didn't mind paying a little more. Last time, she was told that condominium owners would pay less and that schools were included, and wondered why the rules were different now. Also, $38 is a whole lot more than 2% per year. Ms. Kanie noted the importance of landscaping to the home's resale value and wondered why xeriscape was not being considered. Lastly, she noted that the level of service is low. Connie reported that the weeds are very high. She had downloaded RC to Go and had reported a broken sprinkler head, which had not been fixed yet. She agreed that Valley Crest was doing a better job but wanted a compromise and a better level of service. Clayton inquired about Option 2, noting the statements made earlier this evening that there are other actions that could be taken. He noted that the last Proposition 218 election was poorly written and misunderstood. He noted that a phased-in approach could work and wondered if alternative landscaping had been explored. Decommissioning the landscaping would impact the value of the homes. David Hill reported that there are several Eucalyptus trees hanging over his property that need to be trimmed. He reported them last year and was told that they shouldn't be trimmed. Yesterday, his wife was told that it was a budget problem. Mr. Hill noted that he could pay the increased assessment but wanted assurance that he would get better service. Lisa Thompson indicated that she lives in LMD No. 4-R. She indicated that people have been threatened with the suggestion to pull turf out and devalue people's property. The property owners in LMD No. 4-R have paid $400,000 to do a landscape renovation study and she noted that it was not legal to use this study for other Districts. The landscaping is improving in her District, but it is not"A" level. Mike Chavez stated that this meeting is similar to the last meeting that was held regarding LMD No. 2. Scare tactics are being used. Mr. Chavez noted the high personnel costs and wondered how many employees work in the District and if duties are shared between Districts. He was glad to pay the $38 but needed more information. For instance, has the City looked into consolidating duties/pay reductions, maybe the size of the large District should be reduced. There are a lot of overgrown weeds. Jeff Rogers noted that the amount of the assessment is not important; it's how it is being used. No one wants to see the grass die. He noted that he has been a voter since 1984 and has never voted for a tax increase. He wants to be sure that his money is being used appropriately. Mr. Rogers wondered how the District has survived since 1993 without a tax increase. He noted that he would probably support this increased assessment but wanted assurance that the money is being used in the most efficient way. A member of the public inquired about the definition of a statistically valid survey. Michael Travis noted that he walks in this District every day. There are broken sprinklers, etc. He offered to e-mail his suggestions. Special City Council Meeting Minutes - ' D R A F T July 12, 2012 Page 4 of 5 At the conclusion of the public communication period, Lori Sassoon, Deputy City Manager/Administrative Services thanked the speakers for their comments. She noted that a Proposition 218 election is not being held tonight. Rather than decommissioning, staff is recommending a different approach by recommending a community outreach process. Mrs. Sassoon addressed the questions raised by the speakers, as follows: Mrs. Sassoon discussed how a statistically valid survey would be conducted. She noted that the $38.00 referenced in the staff report was an estimate, as the services of a professional assessment engineer have not yet been acquired. There are Proposition 218 restrictions regarding how assessments are determined in order to ensure that each property pays its own fair share. Mrs. Sassoon recognized that $38.00 is more than 2% per year as the cost has risen over 2% overall. However, she noted that any proposed CPI increase could be capped at 2%. Past actions of the City Council have shown that only the monies needed to operate the District would be used. Regarding the suggestion to install xeriscape, Mrs. Sassoon stated that there would be substantial capital costs inherent in this option. She also noted that the Landscape Redesign Project that was funded by LMD No. 4-R is solely being used in LMD 4-R. Mrs. Sassoon noted that all of the LMDs are audited every year, and she would be happy to discuss this further if there are additional questions or concerns. Mrs. Sassoon addressed the maintenance concerns raised in by the audience. She recognized that there were challenges in LMD No. 2 and noted the need to live within the budget. She encouraged people who see a broken sprinkler, etc. to contact the City so it can be repaired. The City's ability to manage a District well is apparent in the other landscape maintenance districts throughout the City. Also addressed was the last increase to LIVID No. 2 in 1993. Mrs. Sassoon noted that since that time, the District has received additional funds through new development in that area. However, the development in LMD No. 2 is static now. There is a need to address the structural deficit in that District. Bill Wittkopf, Public Works Services Director, apologized to Mr. Travis. He noted that there are two inspectors in the entire City and there is a limited number of staff available. Mr. Wittkopf noted that anyone seeing a problem in LMD No. 2 is welcome to call the Public Works Yard, or e-mail Rancho Responds. Mr. Wittkopf also addressed the staffing level in LIVID No. 2, noting that some positions are charged exclusively to that District and others are shared throughout all the Districts. Staff logs this work so that all of the Districts are charged appropriately. Mr. Wittkopf noted that Spectrum Care is not out of business. They had approached the City indicating that they couldn't perform the work under the terms of the contract. Currently, LIVID No. 2 is at a "B" level of service, and he noted that Valley Care is doing a good job. However, as they are new to the work and as this is a big District, Mr. Wittkopf would appreciate receiving information on any outstanding maintenance needs. Regarding the redesign of LIVID No. 4, Mr. Wittkopf affirmed that this work was funded by and will be solely used in this District. He also noted that there are two certified arborists in the City, and promised to look at the Eucalyptus trees that need to be trimmed. John Gillison, City Manager, addressed the use of the reserves. He noted that each of these Districts stand alone. The City's General Fund reserve should not be used to help one LIVID over another. Mr. Gillison noted that all of the reserves are kept separate and indicated that LMD No. 2 has a reserve of 2.3 million dollars. At least 50% of the budget needs to be in the reserves to fund ongoing costs. Also, there should be funds in the reserves to cover emergency or unplanned expenses. In response to Council Member Williams, Mr. Gillison addressed the Proposition 218 ballot language, noting that the language needs to be very specific as to the assessment amount being considered. In response to Mayor Michael, Mr. Gillison addressed the assessment amount. The $38 referenced in the staff report is an estimate as the City has not yet hired an assessment engineer to calculate the actual proposed assessments. * D R A F T * - Special City Council Meeting Minutes July 12, 2012 Page 5 of 5 In response to Mayor Michael, Mr. Gillison confirmed that staff could explore any viable options proposed during the community engagement process. Also discussed was the proposed formal survey to be done at the conclusion of the community engagement process as well as the City Council's role during the engagement process and the Proposition 218 process. Council Member Alexander suggested that the City Council refrain from making a decision until further discussions are held with the community. He didn't feel that the using a consultant to engage the community was needed. Council Member Buquet did not want to consider a Proposition 218 election at this time. He noted the need to make sure that we are getting the most out of our landscape maintenance contractor. Council Member Buquet suggested dividing LMD No. 2 into service areas. Also, he thought that an acre was too big for a pilot program. Rather, Council Member Buquet suggested that a xeriscape demonstration area be developed and noted the need to do a better job communicating with the property owners. Mayor Pro Tem Spagnolo pointed out that there is a limited number of people present at tonight's meeting. There is a need to communicate with all property owners. He supported the use of a consultant to engage the community as suggested by staff but did not support establishing a pilot project on a small piece of land. Mayor Michael assured the audience that the City Council was not interested in conducting another Proposition 218 election. He expressed the need to engage the community in the discussion and stressed the need for complete and accurate accounting in the District. Mr. Gillison indicated that staff had appropriate direction based on the consensus of the City Council to move forward with the community engagement process as outlined in the staff report. Council Member Buquet noted that these discussions should be coordinated with the Cucamonga Valley Water District and the Inland Empire Utility Agency. In conclusion, Mayor Michael thanked the audience members for attending the meeting and providing their comments. D. ADJOURNMENT Mayor Michael adjourned the meeting at 8:11 p.m. Respectfully submitted, Debra L. McNay, MMC Assistant City Clerk/Records Manager Approved: July 18, 2012 RANCHO CUCAMONGA SUCCESSOR AGENCY CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga Successor Agency held a closed session on Wednesday, July 18, 2012 in the Tapia Room at the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:00 p.m. by Mayor L. Dennis Michael. Present were Council Members: Bill Alexander, Chuck Buquet, Diane Williams, Mayor Pro Tern Sam Spagnolo and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; James Markman, City Attorney; Linda Daniels, Assistant City Manager and Lori Sassoon, Deputy City Manager. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) The following closed session items are being considered: D1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION PURSUANT GOVERNMENT CODE SECTION 54956.9(8) — ONE POTENTIAL CASE — SUCCESSORAGENCY D2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF BASE LINE AT DAY CREEK BOULEVARD; NEGOTIATING PARTIES: LINDA D. DANIELS, ASSISTANT CITY MANAGER, CITY OF RANCHO CUCAMONGA, AND LEWIS OPERATING GROUP— SUCCESSOR AGENCY C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No persons were present wishing to speak. E. CITY MANAGER ANNOUNCEMENTS No announcements were made. F. RECESS The closed session recessed at 6:15 p.m. with no action taken. G. REGULAR MEETING CALL TO ORDER - 7:00 P.M. COUNCIL CHAMBERS The meetings of the Rancho Cucamonga Fire Protection District, Financing Authority and City Council reconvened in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. President/Chairman/Mayor L. Dennis Michael called the meeting to order at 7:00 p.m. • DRAFT • Fire Protection District, Financing Authority, City Council Minutes July 18, 2012 - Page 1 of 13 Present were Board Members/Board Members/Council Members: Bill Alexander, Chuck Buquet, Diane Williams; Vice President/Vice Chairman/Mayor Pro Tem Sam Spagnolo and President/Chairman/Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; James Markman, City Attorney; Linda Daniels, Assistant City Manager; Lori Sassoon, Deputy City Manager/Administrative Services; Bill Wittkopf, Public Works Services Director; Mark Steuer, Director of Engineering Services; Nettie Nielsen, Community Services Director; Veronica Fincher, Animal Services Director; Jeff Bloom, Interim Planning Director; Robert Karatsu, Library Director; Trang Huynh, Building & Safety Services Director; Police Chief Mike Newcombe; Fire Chief Mike Bell; Janice Reynolds, City Clerk; Debra McNay, Records Manager/Assistant City Clerk and Adrian Garcia, Assistant City Clerk. H. ANNOUNCEMENTS/PRESENTATIONS H1. Recognition of the City of Rancho Cucamonga being designated as a Plug-In Electric Vehicle City Champion by Southern California Edison. Christian Nelson, Regional Manager for Southern California Edison, announced that the City had been designated as a Plug-In Electric Vehicle City Champion by Southern California Edison. H2. Fire District shares water safety tips for backyard swimming pools. Kelly Donaldson, Public Education Specialist, provided water safety tips to the community. H3. Recognition of Los Osos High School Girls Soccer Team Winners. Mayor Michael indicated that the team members were not available to accept this recognition and noted that the item would be rescheduled. H4. Presentations by Deputy George Dorta on crime prevention. Deputy George Dorta spoke about how the public can guard against crime in the City. I. PUBLIC COMMUNICATIONS 11. Mira Maximous thanked Chief Mike Newcombe and the members of the Rancho Cucamonga Police Department for their dedication to the community. 12. Dennis Cisneros spoke in support of Agenda Item No. M8 (Parking District). He noted that people are trespassing through private property and stated that social media is being used to attract people to the area. Mr. Cisneros suggested that the Forest District be persuaded to close access to Cucamonga Canyon. 13. Muhammad Aziz spoke about Agenda Item No. M8 (Parking District). He noted that there is a problem with people trespassing and littering and suggested that this item be deferred. Mr. Aziz noted that the No Parking signs should be removed and the parking lot reopened. 14.AIIan Donnelly spoke in support of Agenda Item No. M8 (Parking District). He provided information to the City Council regarding the signs and noted that some signage is wrong. Specifically, one sign mentions access via Big Tree Road, but there is no such street. Mr. Donnelly indicated that people are confused with the signage and made suggestions on how signs should be placed in order to address this confusion. 15. Raymond Herrera spoke about unlicensed illegal aliens who are killing Americans. Also, he addressed the All State Insurance sign which is written in Spanish. He noted that the City should impound vehicles being driven by illegal aliens. ` DRAFT • Fire Protection District, Financing Authority, City Council Minutes July 18, 2012 - Page 2 of 13 16. Robin Hvidston opposed the placement of the All State Insurance sign. She also spoke about the illegal aliens who are drunk driving and killing American citizens. 9 9 9 17. John Lyons thanked the City for the fireworks show, as well as the Fire Department for their weed abatement activities. He announced the 4th Annual Inland Empire Holistic Expo, to be held on August 4, 2012 from 10:00 a.m. to 4:00 p.m. at the Senior Center. Mr. Lyons also spoke about municipal bankruptcies and Obama care. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Fire Board/Successor Agency/Authority Board/Council at one time without discussion. Any item may be removed by a Fire Board/Successor Agency/Authority Board/Council Member for discussion. J. CONSENT CALENDAR - FIRE PROTECTION DISTRICT A. Approval of Minutes: June 20, 2012 (Regular Meeting) J2. Approval of Check Register dated June 13, 2012 through July 10, 2012 for the total amount of$254,966.83. J3. Approval to receive and file current Investment Schedule as of June 30, 2012. J4. Approval of plans specifications and estimates and to authorize the advertising of the "Notice Inviting Bids" for the Hellman Fire Station 177 Landscaping, to be funded from Account No. 3289501-5650/1597289-6314. RESOLUTION NO. FD 12-042 A RESOLUTION OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT BOARD APPROVING PLANS AND SPECIFICATIONS FOR THE "HELLMAN FIRE STATION 177 LANDSCAPING' IN THE CITY OF RANCHO CUCAMONGA AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS J5. Approval to set Annual Special Tax Levy for Mello-Roos Community Facilities District No. 88-1 (CFD No. 88-1)for Fiscal Year 2012/2013. RESOLUTION NO. FD 12-043 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, ESTABLISHING THE ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 88-1 FOR FISCAL YEAR 2012/13 J6. Approval to set Annual Special Tax Levy for Mello-Roos Community Facilities District No. 85-1 (CFD No. 85-1)for Fiscal Year 2012/2013. RESOLUTION NO. FD 12-044 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, ESTABLISHING THE ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 85-1 FOR FISCAL YEAR 2012/13 * DRAFT * Fire Protection District, Financing Authority, City Council Minutes July 18, 2012 - Page 3 of 13 J7. Adoption of a Resolution declaring results of a Special Election in Community Facilities District No. 85-1, Annexation No. 12-4 and ordering the annexation of such property located on the southwest corner of Archibald Ave. and 6th St. in Community Facilities District No. 85-1 (Beazer Homes Holding Corp, Owner—APN: 0210-062-08). RESOLUTION NO. FD 12-045 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. 85-1, DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION NO. 124 AND ORDERING THE ANNEXATION OF SUCH PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 85-1 J8. Authorization to renew contracts (CO 89-136, CO 90-145, CO 93-006) with Mariposa Horticultural Enterprises, Inc., of Irwindale, California, with no fee increase and consistent with the original competitive bid process for Fiscal Year 2012-2013 for the Maintenance of City Parks, Archibald Library and City and Fire District Landscape Sites, in an amount not to exceed $1,550,000 for City Facilities and $65,750 for Fire District Facilities to be funded from various general fund accounts, San Bernardino County Reimbursement Account, Capital Reserve Account, Landscape Maintenance District Accounts, CFD Account 868, Library Account 290 and Fire District Accounts approved in the Fiscal Year 2012-2013 budget. MOTION: Moved by Buquet, seconded by Spagnolo, to approve the staff recommendations in the staff reports. Motion carried 5-0. K. CONSENT CALENDAR - SUCCESSOR AGENCY K1. Release of Faithful Performance Bond No. 6294720 held in lieu of a Maintenance Guarantee Bond, in the amount of $2,335,350.59, for the Pacific Electric Trail Phase 4 — Grove Avenue to Amethyst Avenue, Contract No. RA09-014. K2. Accept the Foothill Boulevard Bike/Pedestrian Bridge, Route 66 Trailhead and Street Improvement Project, Contract No. RA10-015 as complete, release the bonds, accept a Maintenance Bond, authorize the City Engineer to file a Notice of Completion SUBJECT TO RECONCILIATION and approve the final contract amount of$9,092,879.67. RESOLUTION NO. 12-108 A RESOLUTION OF THE SUCCESSOR AGENCY OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE FOOTHILL BOULEVARD BIKE/PEDESTRIAN BRIDGE, ROUTE 66 TRAILHEAD AND STREET IMPROVEMENT PROJECT, CONTRACT NO. RA10-015 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK City Manager John Gillison noted a correction to the staff report for Item No. K2. MOTION: Moved by Spagnolo, seconded by Alexander, to approve the staff recommendations in the corrected staff reports. Motion carried 5-0. * DRAFT * Fire Protection District, Financing Authority, City Council Minutes July 18, 2012 - Page 4 of 13 L. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY L1. Approval of Minutes: June 20, 2012 (Regular Meeting) MOTION: Moved by Spagnolo, seconded by Williams, to approve the minutes. Motion carried 5-0. M. CONSENT CALENDAR - CITY COUNCIL M1. Approval of Minutes: June 20, 2012 (Regular Meeting) M2. Approval of Check Register dated June 13, 2012 through July 10, 2012 and payroll ending July 10, 2012 for the total of$7,340,787.88. M3. Approval to receive and file current Investment Schedule as of June 30, 2012. M4. Approval to allocate $7,250 awarded by the California State Library into Library Revenue Account 1291000-4740/0-3730 and appropriate $7,250 into Expenditure Account 1291602-5010/0-3730 for Emergency California Library Literacy Services Grant. M5. Approval to allocate $15,000 awarded by the National Endowment for the Arts into Library Revenue Account 1301000-4740 and appropriate $7,500 into Expenditure Account 1301602-5200 and appropriate $7,500 into Expenditure Account 1301602-5300 for "Big Read" Grant. M6. Authorization for the transfer of one (1) 2013 Chevrolet Silverado Hybrid 2WD Crew Cab, purchased from George Chevrolet of Bellflower, California, in the account of $37,811.60 in accordance to request for quote #115303, funded from Acct. No. 1105208-5604 (Air Quality Improvement Grant), to facilitate the vehicle's use by the County of San Bernardino for Police Department Services. MIT Authorization for the transfer of two (2) 2013 John Deere Utility Terrain Vehicles, purchased from Cascade Turf, LLC of Montclair, California, in the amount of$35,940.53, in accordance to request for quote #115768 and one (1) 2012 Wells Cargo Enclosed Trailer purchased from Jacobsen Trailer, Inc. of Fowler, California, in the amount of $11,656.76, in accordance to request for quote#114645 funded from Acct. No. 1381701- 5604 (Capital Outlay-Vehicle), to facilitate the vehicles' use by the County of San Bernardino for Police Department Services. M8. Approval of a "Permit Parking District" for the residential area identified as "Bella Vista Drive, and Henry Street" generally located north of Hillside Road and west of Sapphire Street. RESOLUTION NO. 12-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ESTABLISHING A PERMIT PARKING DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 10.50 OF THE RANCHO CUCAMONGA MUNICIPAL CODE M9. Release of Faithful Performance Bond No. 6294720 held in lieu of a Maintenance Guarantee Bond, in the amount of $2,335,350.59, for the Pacific Electric Trail Phase 4 — Grove Avenue to Amethyst Avenue, Contract No. 09-262. M10. Approve and authorize the execution of a Professional Services Agreement in the amount of $165,000.00 to International Line Builders, Inc., for operation and maintenance of the Arbors substation and the Municipal Utilities Electrical Distribution System within the Rancho Cucamonga Municipal Utility Services Area for FY 2012/13 to be funded from 1705303-5309 and 1705303-5603 Municipal Utility funds. * DRAFT * Fire Protection District, Financing Authority, City Council Minutes July 18, 2012- Page 5 of 13 M11. Authorization to renew contracts (CO 89-136, CO 90-145, CO 93-006) with Mariposa Horticultural Enterprises, Inc., of Irwindale, California, with no fee increase and consistent with the original competitive bid process for Fiscal Year 2012-2013 for the Maintenance of City Parks, Archibald Library and City and Fire District Landscape Sites, in an amount not to exceed $1,550,000 for City Facilities and $65,750 for Fire District Facilities to be funded from various general fund accounts, San Bernardino County Reimbursement Account, Capital Reserve Account, Landscape Maintenance District Accounts, CFD Account 868, Library Account 290 and Fire District Accounts approved in the Fiscal Year 2012-2013 budget. M12. Authorization to renew contract(CO 08-162)with United Pacific Service, Inc,. (UPS) of La Habra, California, with no fee increase and consistent with the original competitive bid process for Fiscal Year 2012-2013 for City-Wide Tree Maintenance Services with no additional contract extensions granted thereafter in an annual amount of $620,000, to be funded from various City accounts as approved in the Fiscal Year 2012-2013 budget. M13. Accept the City Hall Main Lobby Ceiling Replacement Project, Contract No. 12-025 as complete, release the bonds, accept the contractor's warranty and authorize the Public Works Services Director to file a Notice of Completion and approve the final contract amount of$35,796.00. RESOLUTION NO. 12-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE CITY HALL MAIN LOBBY CEILING REPLACEMENT PROJECT CONTRACT NO. 12- 025 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK M14. Authorization to renew contracts (CO 02-018, CO 09-125) with Trugreen Landcare of Upland, California, with no fee increase and consistent with original competitive bid process for Fiscal Year 2012-2013 for the Maintenance of City Landscape Sites, in the amount of $680,000 to be funded from General Fund Account 316 (Street and Park Maintenance) and Landscape Maintenance District Accounts 136 (Caryn Community), 137 (North Etiwanda), 138 (South Etiwanda), 139 (Lower Etiwanda) and 140 (Rancho Etiwanda)as approved in the Fiscal Year 2012-2013 Budget. M15. Approval an award for a one year services and supplies contract for existing copiers to Konica Minolta Business Solutions, Inc., of San Bernardino, California, in the amount of $80,870. M16. Approve and authorize the execution of a Professional Services Agreement in the amount of$131,000.00 to Butsko Utility Design, Inc., for Technical Electrical Engineering support within the Rancho Cucamonga Municipal Utility Service Area for FY 2012/13 to be funded from 1705303-5309 Municipal Utility Fund. M17. Approve and authorize the execution of a Professional Services Agreement in the amount of$132,000.00 to Applied Metering Technologies, Inc., for Installation, Configuration and Meter Reading Services within the Rancho Cucamonga Municipal Utility Service Area for FY 2012/13 to be funded from 1705303-5309 Municipal Utility Fund. M18. Consideration to waive various fees and charges for the Rancho Cucamonga Chamber of Commerce Grape Harvest Festival and Carnival scheduled for August 17-19, 2012, at the Rancho Cucamonga Epicenter. M19. Approval to set annual Special Taxes A and B for Community Facilities District No. 88-2 (Drainage and Law Enforcement)with no increase to the current rate. • DRAFT " Fire Protection District, Financing Authority, City Council Minutes July 18, 2012 - Page 6 of 13 RESOLUTION NO. 12-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 88-2 (DRAINAGE AND LAW ENFORCEMENT). M20. Approval to set annual benefit assessments for Drainage Area No. 91-2 (Day Canyon Drainage Basin)with no increase to the current rate. RESOLUTION NO. 12-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DETERMINING THE COST OF SERVICE TO BE FINANCED BY BENEFIT ASSESSMENTS TO BE LEVIED IN DRAINAGE AREA NO. 91-2 FOR FISCAL YEAR 2012-2013 AND DETERMINING AND IMPOSING SUCH BENEFIT ASSESSMENTS. M21. Approval to set annual special tax for Community Facilities District No. 93-3 (Foothill Marketplace)with no increase to the current rate. RESOLUTION NO. 12-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 93-3 (FOOTHILL MARKETPLACE) FOR FISCAL YEAR 2012/2013. M22. Approval to set annual special tax for Community Facilities District No. 2000-01 (South Etiwanda)with a reduction in the current rate. RESOLUTION NO. 12-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) FOR FISCAL YEAR 2012/2013. M23. Approval to set annual special tax for Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park)with a reduction in the current rate. RESOLUTION NO. 12-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK).FOR FISCAL YEAR 2012/2013. M24. Approval to set annual special tax for Community Facilities District No. 2000-03 (Rancho Summit) operation of and Maintenance of Park and Parkways with no increase to the current rate. RESOLUTION NO. 12-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING FOR THE LEVY OF SPECIAL TAX "B" FOR COMMUNITY FACILITIES DISTRICT NO. 2000- 03 (RANCHO SUMMIT) FOR FISCAL YEAR 2012/2013 TO FINANCE THE OPERATION OF AND MAINTENANCE OF PARK AND PARKWAYS. * DRAFT ' Fire Protection District, Financing Authority, City Council Minutes July 18, 2012 - Page 7 of 13 M25. Approval to set annual special tax for Community Facilities District No. 2000-03 (Rancho Summit)with no increase to the current rate. RESOLUTION NO. 12-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING FOR THE LEVY OF SPECIAL TAX "A" FOR COMMUNITY FACILITIES DISTRICT NO. 2000- 03 (RANCHO SUMMIT) FOR FISCAL YEAR 2012/2013 M26. Approval to set annual special tax for Community Facilities District No. 2001-01 (Improvement Area Nos. 1 &2), Series 2001-A with a reduction in the current rate. RESOLUTION NO. 12-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2001-01 FOR FISCAL YEAR 2012/2013 (IMPROVEMENT AREA NOS. 1 & 2), SERIES 2001-A. M27. Approval to set annual special tax for Community Facilities District No. 2001-01 (Improvement Area No. 3 Zone 7), Series 2001-6 with a reduction in the current rate. RESOLUTION NO. 12-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT 2001-01 FOR FISCAL YEAR 2012/2013 (IMPROVEMENT AREA NO. 3 ZONE 7), SERIES 2001-B. M28. Approval to set annual special tax for Community Facilities District No. 2003-01 (Improvement Area No. 1, Zone 1, 2, & 3, Series 2003-A) with no increase to the current rate. RESOLUTION NO. 12-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2003-01 FOR FISCAL YEAR 2012/2013 (IMPROVEMENT AREA NO. 1, ZONES 1, 2 & 3), SERIES 2003-A. M29. Approval to set annual special tax for Community Facilities District No. 2003-01 (Improvement Area No. 2, Zones 1 & 2, Series 2003-B) with no increase to the current rate. RESOLUTION NO. 12-121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2003-01 FOR FISCAL YEAR 2012/2013 (IMPROVEMENT AREA NO. 2, ZONES 1, & 2), SERIES 2003-6. M30. Approval to set annual special tax for Community Facilities District No. 2004-01 (Rancho Etiwanda Estates)with no increase to the current rate. * DRAFT * Fire Protection District, Financing Authority, City Council Minutes July 18, 2012 - Page 8 of 13 RESOLUTION NO. 12-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2004-01 (RANCHO ETIWANDA ESTATES). M31. Approval to set annual special tax for Community Facilities District No. 2006-01 (Vintner's Grove)with no increase to the current rate. RESOLUTION NO. 12-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNER'S GROVE) FOR FISCAL YEAR 2012/2013. M32. Approval to set annual special tax for Community Facilities District No. 2006-02 (Amador on Route 66)with no increase to the current rate. RESOLUTION NO. 12-124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66) FOR FISCAL YEAR 2012/2013. M33. Approval of Resolution establishing an annual levy for the costs incurred in the collection of assessments within Assessment District No. 93-1, Masi Plaza. RESOLUTION NO. 12-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-AUTHORIZING THE LEVY OF AN ASSESSMENT SURCHARGE FOR THE EXPENSES INCURRED IN THE COLLECTION OF ASSESSMENTS IN ASSESSMENTS DISTRICT NO. 93-1. M34. Approval of a recommendation from the Park and Recreation Commission regarding proposed fee modifications for program activities and facilities operated by the Community Services Department. M35. Approval to renew contract#09-057 between NEC Corporation of America and the City of Rancho Cucamonga for Telephone System Maintenance and Support Services for Fiscal Year 2012/13, in the amount of $84,992, and a contingency in the amount of $9,158, to be funded from Account No. 1001205-5300 (Contract Services). MOTION: Moved by Buquet, seconded by Williams, to approve the staff recommendations in the staff reports. Motion carried 5-0. N. ADVERTISED PUBLIC HEARINGS CITY COUNCIL N1. MUNICIPAL CODE AMENDMENT DRC2010-00571 AND ADDENDUM TO THE GENERAL PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT (FPEIR) (SCH #2000061027) — CITY OF RANCHO CUCAMONGA — A comprehensive update to the Development Code including a request to replace Title 17 (Development Code), modify Chapter 2.24 (Historic Preservation), modify Chapter 1.12 (Penalties, Administrative and • DRAFT ' Fire Protection District, Financing Authority, City Council Minutes July 18, 2012 - Page 9 of 13 Civil Remedies and General Provisions), delete Chapter 5.12 (Regulation of Entertainment), delete Title 14 (Signs), delete Chapter 19.08 (Tree Preservation) and other clarifying amendments of the City of Rancho Cucamonga Municipal Code as well as a proposed addendum to the General Plan Final Program Environmental Impact Report (FPEIR). This item was continued from the June 20, 2012, City Council Meeting. DEVELOPMENT FEE SCHEDULE 2012 — CITY OF RANCHO CUCAMONGA — Consideration of a proposal to establish new development fees for Planning services as a result of the creation of new application types in the comprehensive update to the Development Code (DRC2010-00571). This item was continued from the June 20, 2012, City Council Meeting. ORDINANCE NO. 855 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MUNICIPAL CODE AMENDMENT DRC2010-00571, A COMPREHENSIVE UPDATE TO THE DEVELOPMENT CODE, AND MAKING FINDINGS IN SUPPORT THEREOF. RESOLUTION NO. 12-101 A RESOLUTION OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING FEES FOR SERVICES RELATED TO APPLICATIONS FOR SITE PLAN REVIEW AND FOR THE MODIFICATION OF PREVIOUSLY APPROVED LAND USE ENTITLEMENTS. Jennifer Nakamura, Associate Planner, presented the staff report. In conclusion, she noted some additional recommended changes to the assembly uses and removing the floor area ratio. In response to Council Member Buquet, Ms. Nakamura clarified that the Site Development Review would be similar to a light Minor Development Review. Regarding the floor area ratio, Council Member Buquet noted that the calculations are not quite right. He noted that this should be flagged by staff as an area of concern. In response, Ms. Nakamura noted that this will be looked at further and may come back with any other minor issues that are found when the code is implemented. Mayor Pro Tern Spagnolo thanked staff for their hard work, and noted the efforts that were made to streamline the process and make it easier to understand. In response, Ms. Nakamura indicated that there were no changes to the design standards but pointed out that the regulations were reorganized to ensure ease of use. Council Member Alexander appreciated the lack of acronyms. He noted that staff had done a good job of taking the bureaucracy out of the regulation while maintaining the City's high standards. Council Member Williams concurred that the language is easier to understand. In response to Mayor Michael, Ms. Nakamura indicated the recommended changes to the Ordinance include changing the assembly uses and removing the floor area ratio. She noted that 9 9 Y 9 staff would be studying regulations regarding urban chickens and thrift stores. Mayor Michael pointed out that when the economy does recover, the City will be in a good position to provide business friendly services. Council Member Buquet noted that Page 493 of the agenda packet addresses fees. He indicated that these new fees reflect a 50%fee reduction. Mayor Michael opened the public hearing. * DRAFT * Fire Protection District, Financing Authority, City Council Minutes July 18, 2012 - Page 10 of 13 Michael Chesser concurred with the proposed development standards. He noted that he had worked with Ms. Nakamura to make changes to the document, and indicated that she was very professional in her interactions with him. Mayor Michael closed the public hearing. The Assistant City Clerk/Records Manager read the title of Ordinance No. 855. MOTION: Moved by Buquet, seconded by Spagnolo to take up Ordinance 855 for first reading, set second reading for August 1, 2012 and adopt Resolution No. 12-101. Motion carried 5-0. N2. Consideration to approve the Resolution confirming the diagrams and assessments, approve the annual Engineer's reports and order the levy and collection of annual P 9 Y assessments within Street Lighting Maintenance District Nos. 1 2 3 4 5 6 7 and 8 for 9 9 , Fiscal Year 2012/2013. No increase of the assessment rate is proposed. RESOLUTION NO. 12-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONFIRMING THE DIAGRAMS AND ASSESSMENTS, APPROVING THE ANNUAL ENGINEER'S REPORTS AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR STREET LIGHTING MAINTENANCE DISTRICT NOS. 1, 2, 3, 4, 5, 6, 7, AND 8 FOR FISCAL YEAR 2012-2013. Christopher Bopko, Management Analyst III, presented the staff report. Mayor Michael opened the public hearing. With no one wishing to speak, Mayor Michael closed the public hearing. MOTION: Moved by Alexander, seconded by Spagnolo to adopt Resolution No. 12-126. Motion carried 5-0. N3. Consideration to approve the Resolution confirming the diagrams and assessments, approve the annual Engineer's reports and order the levy and collection of annual assessments for Landscape Maintenance District Nos. 1, 2, 3A, 313, 4-R, 5, 6-R, 7, 8, 9 and 10 for Fiscal Year 2012-2013. RESOLUTION NO. 12-127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONFIRMING THE DIAGRAMS AND ASSESSMENTS, APPROVING THE ANNUAL ENGINEER'S REPORTS AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR LANDSCAPE MAINTENANCE DISTRICT NOS. 1, 2, 3A, 36, 4-R, 5, 6-R, 7, 8, 9, AND 10 FOR FISCAL YEAR 2012-2013. Christopher Bopko, Management Analyst III, presented the staff report. Mayor Michael opened the public hearing. With no one wishing to speak, Mayor Michael closed the public hearing. MOTION: Moved by Buquet, seconded by Spagnolo to adopt Resolution No. 12-127. Motion carried 5-0. N4. Consideration to approve the Resolution confirming the diagram and assessment, approve the annual Engineer's reports and order the levy and collection of the annual * DRAFT * Fire Protection District, Financing Authority, City Council Minutes July 18, 2012 - Page 11 of 13 assessments within Park and Recreation Improvement District No. PD-85 for Fiscal Year 2011/2013. No increase of the assessment rate is proposed. RESOLUTION NO. 12-128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONFIRMING THE DIAGRAMS AND ASSESSMENTS, APPROVING THE ANNUAL ENGINEER'S REPORTS AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR PARK AND RECREATION IMPROVEMENT DISTRICT NO. PD-85 FOR FISCAL YEAR 2012-2013 Christopher Bopko, Management Analyst III, presented the staff report. In response to Council Member Buquet, City Manager Gillison addressed communication with the property owners, and noted that a newsletter is being prepared. In response to Mayor Michael, City Manager Gillison indicated that the information in the newsletter will be specific to PD-85. Mayor Michael opened the public hearing. With no one wishing to speak, Mayor Michael closed the public hearing. MOTION: Moved by Williams, seconded by Spagnolo to adopt Resolution No. 12-128. Motion carried 5-0. O. ADVERTISED PUBLIC HEARINGS FIRE PROTECTION DISTRICT The following items have been advertised and/or posted as public hearings as required by law. The Chair will open the meeting to receive public testimony. 01. Approval of a Resolution adopting the Fire District's General Fund Final Budget for Fiscal Year 2012/13 in the amount of$24,203,610. RESOLUTION NO. FD 12-046 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, FIXING A FINAL BUDGET FOR THE FISCAL YEAR JULY 1, 2012 THROUGH JUNE 30, 2013 John Gillison, City Manager presented the staff report. Council Member Buquet reported that this budget is balanced and does not use any funds from the General Fund. Council Member Alexander indicated that his pending vote reflects his opposition to the inclusion of three new positions in the Fire District. Chairman Michael opened the public hearing. With no one wishing to speak, Chairman Michael closed the public hearing. MOTION: Moved by Williams, seconded by Spagnolo to adopt Resolution No. FD 12-046. Motion carried 4-1, with Council Member Alexander voting no. ' DRAFT ' Fire Protection District, Financing Authority, City Council Minutes July 18, 2012 - Page 12 of 13 P. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. P1. DESIGNATION OF A VOTING REPRESENTATIVE AND ALTERNATES FOR THE 2012 LEAGUE OF CALIFORNIA CITIES ANNUAL BUSINESS MEETING. Fabian Villenas, Principal Management Analyst, noted that Mayor Michael, Mayor Pro Tem Spagnolo, the City Manager and himself would be attending the League of California Cities Conference and suggested that the City Council designate their voting delegation for the business meeting. MOTION: Moved by Alexander, seconded by Williams to designate Mayor Michael as representative and Mayor Pro Tern Spagnolo and City Manager John Gillison as alternates for the League's annual business meeting. Motion carried 5-0. P2. CONSIDERATION OF THE CITY COUNCIL LIBRARY SUB-COMMITTEE'S RECOMMENDATION REGARDING APPOINTMENTS AND REAPPOINTMENTS TO THE LIBRARY FOUNDATION. Council Member Williams reported that she and Council Member Alexander serve on the Library Sub-Committee. The subcommittee is recommending the appointment of Darren Vilardo and Kathy Sommer to three year terms and the reappointment of Ruth Leal, Teresa Akahoshi, Rebecca Davies and Leslie May to serve additional two year terms on the Library Foundation. MOTION: Moved by Williams, seconded by Spagnolo to appoint Darren Vilardo and Kathy Sommer to three year terms and reappoint Ruth Leal, Teresa Akahoshi, Rebecca Davies and Leslie May to serve additional two year terms on the Library Foundation. Motion carried 5-0. P3. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) No announcements were made. Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING In light of the State's suspension of this mandate, Mayor Michael requested a Resolution for the next meeting affirming the City's policy to adhere to the Brown Act. R. ADJOURNMENT Mayor Michael adjourned the meeting at 8:52 p.m. in the memory of Duane Lawrence Wolfe, Retired RCFD Engineer. Respectfully submitted, Debra L. 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V i <j 2 O N I V C T L N O Q T T 1L l: L RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P1 Agenda Check Register 7/11/2012 through 7/24/2012 Check No. Check Date Vendor Name Amoum AP 00326094 2012/07/11 ( ACE WEED ABATEMENT INC 440.00 AP 00326094 2012/07/11 ( ACE WEED ABATEMENT INC 2,390.00 AP 00326094 2012/07/11 ( ACE WEED ABATEMENT INC 315.00 AP 00326566 2012/07/19( MOTOROLA 2,213.40 AP 00326566 2012/07/19( MOTOROLA 767.18 AP 00326268 2012/07/18( ACE WEED ABATEMENT INC 190.00 AP 00326268 2012/07/18 l ACE WEED ABATEMENT INC 1,955.00 AP 00326268 2012/07/18 l ACE WEED ABATEMENT INC 190.00 AP 00326268 2012/07/18 1 ACE WEED ABATEMENT INC 1,225.00 AP 00326275 2012/07/181 ALSCO 44.12 AP 00326275 2012/07/181 ALSCO 43.02 AP 00326275 2012/07/181 ALSCO 43.51 AP 00326275 2012/07/181 ALSCO 88.64 AP 00326275 2012/07/181 ALSCO 55.49 AP 00326275 2012/07/181 ALSCO 97.22 AP 00326275 2012/07/181 ALSCO 56.47 AP 00326275 2012/07/18( ALSCO 98.20 AP 00326275 2012/07/18( ALSCO 52.21 AP 00326275 2012/07/18( ALSCO 81.78 AP 00326275 2012/07/18( ALSCO 54.42 AP 00326275 2012/07/181 ALSCO 54.42 AP 00326275 2012/07/18( ALSCO 45.02 AP 00326275 2012/07/18( ALSCO 69.55 AP 00326275 2012/07/18( ALSCO 45.61 AP 00326275 2012/07/18( ALSCO 45.61 AP 00326275 2012/07/181 ALSCO 130.70 AP 00326275 2012/07/18( ALSCO 43.36 AP 00326275 2012/07/18( ALSCO 41.38 AP 00326275 2012/07/18( ALSCO 41.38 AP 00326275 2012/07/18( ALSCO 72.92 AP 00326275 2012/07/18 ( ALSCO 7402 AP 00326275 2012/07/18 ( ALSCO 119.84 AP 00326275 2012/07/18 ( ALSCO 71.93 AP 00326275 2012/07/181 ALSCO 69.25 AP 00326275 2012/07/18 ( ALSCO 70.36 AP 00326275 2012/07/181 ALSCO 70.24 AP 00326275 2012/07/181 ALSCO 115.69 AP 00326275 2012/07/181 ALSCO 43.15 AP 00326275 2012/07/181 ALSCO 38.93 AP 00326275 2012/07/181 ALSCO 42.65 AP 00326275 2012/07/181 ALSCO 90.72 AP 00326278 2012/07/181 AMERICAN SCALE CO INC 205.50 AP 00326098 2012/07/11 ( ARCHITERRA DESIGN GROUP 1,023.75 AP 00326107 2012/07/11 l CARNES, SANDY 43.79 AP 00326113 2012/07/11 l COUNSELING TEAM INTERNATIONAL,THE 750.00 User: VLOPEZ-VERONICA LOPEZ Page: 1 Current Date: 07/25/: Report:CK_AGENDA_REG_PORTRAIT_RC-CK: Agenda Check Register Portrait Layout Time: 16:0 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P2 Agenda Check Register 7/11/2012 through 7/24/2012 Check No. Check Date Vendor Name Amoum AP 00326129 2012/07/11 ( GRACIANO,TAMMIE 125.00 AP 00326131 2012/07/11 ( GRIFFIN,ALESSANDRA 445.11 AP 00326138 2012/07/11 ( INLAND EMPIRE PROPERTY SERVICES INC 1,170.00 AP 00326138 2012/07/11 ( INLAND EMPIRE PROPERTY SERVICES INC 315.00 AP 00326138 2012/07/11 ( INLAND EMPIRE PROPERTY SERVICES INC 520.00 AP 00326146 2012/07/11 ( LOWES COMPANIES INC. 40.62 AP 00326146 2012/07/11 ( LOWES COMPANIES INC. 51.82 AP 00326146 2012/07/11 ( LOWES COMPANIES INC. 18.05 AP 00326146 2012/07/11 ( LOWES COMPANIES INC. 71.64 AP 00326146 2012/07/11 ( LOWES COMPANIES INC. 14.55 AP 00326146 2012/07/11 ( LOWES COMPANIES INC. 230.74 AP 00326154 2012/07/11 ( NBS 2,548.07 AP 00326156 2012/07/11 l PATTON SALES 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223.56 AP 00326344 2012/07/18 l INLAND EMPIRE PROPERTY SERVICES INC 320.00 AP 00326344 2012/07/18 I INLAND EMPIRE PROPERTY SERVICES INC 2,395.00 AP 00326344 2012/07/181 INLAND EMPIRE PROPERTY SERVICES INC 80.00 AP 00326344 2012/07/18 1 INLAND EMPIRE PROPERTY SERVICES INC 1,395.00 AP 00326347 2012/07/18( INTELLIBRIDGE PARTNERS LLC 3,355.00 AP 00326353 2012/07/18( KME FIRE APPARATUS 168.14 AP 00326353 2012/07/18( KME FIRE APPARATUS 108.68 AP 00326353 2012/07/18( KME FIRE APPARATUS 45.56 AP 00326353 2012/07/18( KME FIRE APPARATUS 75.62 AP 00326353 2012/07/18( KME FIRE APPARATUS 136.87 AP 00326353 2012/07/18( KME FIRE APPARATUS 694.90 AP 00326356 2012/07/18( LIFE ASSIST INC 13.67 AP 00326356 2012/07/18( LIFE ASSIST INC 441.87 AP 00326356 2012/07/18( LIFE ASSIST INC 81.41 AP 00326373 2012/07/18 ( NAPA AUTO PARTS 135.77 AP 00326375 2012/07/181 NEXTEL 146.97 AP 00326391 2012/07/181 PROFORMA 1,003.88 AP 00326408 2012/07/181 SC FUELS 1,859.32 AP 00326408 2012/07/181 SC FUELS 3,069.24 AP 00326408 2012/07/18 1 SC FUELS 2,509.61 AP 00326408 2012/07/18( SC FUELS 1,564.76 AT 00326408 2012/07/18( SC FUELS 1,272.63 AP 00326408 2012/07/18( SC FUELS 1,564.76 AP 00326408 2012/07/181 SC FUELS 943.48 AP 00326408 2012/07/18( SC FUELS 3,671.43 AP 00326408 2012/07/18( SC FUELS 3,121.30 AP 00326408 2012/07/18( SC FUELS 1,141.01 AP 00326409 2012/07/18( SEYMOUR,RONALD 138.00 AP 00326412 2012/07/18 l SMART AND FINAL 95.12 AP 00326414 2012/07/18( SOUTH COAST AQMD 113.88 AP 00326414 2012/07/18( SOUTH COAST AQMD 113.88 AP 00326414 2012/07/18( SOUTH COAST AQMD 113.88 AP 00326427 2012/07/18 ( TERMINIX PROCESSING CENTER 73.00 AP 00326427 2012/07/18 ( TERMINIX PROCESSING CENTER 81.00 AP 00326427 2012/07/18 l TERMINIX PROCESSING CENTER 65.00 AP 00326431 2012/07/18 l TOLL,RICHARD 275.00 AP 00326434 2012/07/18 1 TURNOUT MAINTENANCE COMPANY LLC 331.12 AP 00326434 2012/07/18 1 TURNOUT MAINTENANCE COMPANY LLC 913.71 AP 00326435 2012/07/181 UNDERWRITERS LABORATORIES INC 1,015.00 AP 00326435 2012/07/18( UNDERWRITERS LABORATORIES INC 435.00 AP 00326450 2012/07/18( WAXIE SANITARY SUPPLY 160.53 AP 00326457 2012/07/18( AFSS 150.00 AP 00326459 2012/07/18( ALL CITIES TOOLS 726.24 User: VLOPEZ-VERONICA LOPEZ Page: 3 Current Date: 07/25/: Report:CK_AGENDA_REG_PORTRAIT_RC- CK:Agenda Check Register Portrait Layout Time: 16:0 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P4 Agenda Check Register 7/11/2012 through 7/24/2012 Check No. Check Date Vendor Name Amouni AP 00326459 2012/07/18( ALL CITIES TOOLS 64.65 AP 00326466 2012/07/18 l BOUND TREE MEDICAL LLC. 291.35 AP 00326471 2012/07/18 l CARQUEST AUTO PARTS 119.83 AP 00326477 2012/07/18 ( CONFIRE JPA 23,430.06 AP 00326477 2012/07/181 CONFIRE JPA 18,744.04 AP 00326477 2012/07/18 1 CONFIRE JPA 4,686.01 AP 00326482 2012/07/18( DONALDSON,KELLEY 89.00 AP 00326486 2012/07/181 FAIRA 40,434.67 AP 00326486 2012/07/18( FAIRA 10,108.67 AP 00326486 2012/07/18( FAIRA 2,567.55 AP 00326486 2012/07/18( FAIRA 40,434.67 AP 00326486 2012/07/18( FAIRA 1,264.62 AP 00326486 2012/07/18 1 FAIRA 10,108.67 AP 00326489 2012/07/18( FRANKLIN TRUCK PARTS 56.74 AP 00326507 2012/07/18( KME FIRE APPARATUS 330.45 AP 00326518 2012/07/18( MIJAC ALARM COMPANY 204.00 AP 00326518 2012/07/18( MIJAC ALARM COMPANY 348.00 AP 00326518 2012/07/18( MIJAC ALARM COMPANY 348.00 AP 00326518 2012/07/18( MIJAC ALARM COMPANY 168.00 AP 00326518 2012/07/18( MIJAC ALARM COMPANY 348.00 AP 00326518 2012/07/18 l MIJAC ALARM COMPANY 348.00 AP 00326518 2012/07/18 l MIJAC ALARM COMPANY 483.00 AP 00326518 2012/07/18 ( MIJAC ALARM COMPANY 207.00 AP 00326522 2012/07/18( NOVELTY PRINTING 371.41 AP 00326525 2012/07/18 ( PIT STOP EMBROIDERY AND SCREEN PRINT 307.09 AP 00326527 2012/07/18 ( RANCHO CUCAMONGA FIREFIGHTERS ASSOCIP 424.00 AP 00326533 2012/07/18( SAN BERNARDINO CTY DEPT OF PUBLIC HEAL? 139.00 AP 00326533 2012/07/181 SAN BERNARDINO CTY DEPT OF PUBLIC HEAL] 139.00 AP 00326533 2012/07/18( SAN BERNARDINO CTY DEPT OF PUBLIC HEAL] 139.00 AP 00326533 2012/07/181 SAN BERNARDINO CTY DEPT OF PUBLIC HEAL] 139.00 AP 00326533 2012/07/181 SAN BERNARDINO CTY DEPT OF PUBLIC HEAL] 139.00 AP 00326535 2012/07/18( SAN BERNARDINO CTY FPO 200.00 AP 00326538 2012/07/18( SCOTT MCLEOD PLUMBING INC 255.00 AP 00326539 2012/07/18 1 SMART AND FINAL 58.78 AP 00326539 2012/07/18( SMART AND FINAL 52.68 AP 00326539 2012/07/18( SMART AND FINAL 106.28 AP 00326540 2012/07/181 SOUTHERN CALIFORNIA FPO'S 55.00 AP 00326541 2012/07/181 SOUTHERN CALIFORNIA FPO'S 55.00 AP 00326541 2012/07/181 SOUTHERN CALIFORNIA FPO'S 55.00 AP 00326543 2012/07/18( TARGETSOLUTIONS 3,760.00 AP 00326544 2012/07/18( TERMINIX PROCESSING CENTER 48.75 AP 00326547 2012/07/18 l VERIZON CALIFORNIA 110.89 AP 00326547 2012/07/18( VERIZON CALIFORNIA 38.70 AP 00326547 2012/07/18( VERIZON CALIFORNIA 18.65 AP 00326547 2012/07/18 ( VERIZON CALIFORNIA 531.19 User: VLOPEZ-VERONICA LOPEZ Page: 4 Current Date: 07/25/: Report:CK_AGENDA_REG_PORTRAIT_RC- CK: Agenda Check Register Portrait Layout Time: 16:0 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P5 Agenda Check Register 7/11/2012 through 7/24/2012 Check No. Check Date Vendor Name Amoum AP 00326547 2012/07/18 l VERIZON CALIFORNIA 475.64 AP 00326551 2012/07/18 ( WOMEN LEADING GOVERNMENT 50.00 Total for Entity: 316,658.99 User: VLOPEZ-VERONICA LOPEZ Page: 5 Current Date: 07/25/: Report:CK_AGENDA_REG_PORTRAIT_RC-CK: Agenda Check Register Portrait Layout Time: 16:0 P6 STAFF REPORT PUBLIC WORKS SERVICES DEPARTMENT Date: August 1, 2012 RANCHO To: Mayor and Members of the City Council CUCAMONGA John R. Gillison, City Manager From: William Wittkopf, Public Works Services Director Mike Bell, Fire Chief By: Ty Quaintance, Facilities Superintendent Janet Walker, Management Analyst II Ken Hinojos, CPPB, Senior Buyer Subject: AUTHORIZATION TO RENEW CONTRACT (CO 03-084) WITH EMCOR SERVICE/MESA ENERGY SYSTEMS, INC. (EMCOR SERVICE), CALIFORNIA ON A MONTH-TO-MONTH BASIS WITH NO FEE INCREASE FOR FISCAL YEAR 2012-2013 FOR HVAC/CONTROL WORK AND RELATED ENERGY MANAGEMENT SYSTEMS IN THE AMOUNT OF $216,000 FOR CITY FACILITIES AND $23,650 FOR FIRE DISTRICT FACILITIES; APPROVE EXTRA REPAIR WORK FOR CITY FACILITIES NOT TO EXCEED $215,000; AND PERFORM INDOOR AIR QUALITY MODIFICATIONS AS NEEDED AT CITY-WIDE FACILITIES NOT TO EXCEED $10,000; FOR CITY AND FIRE DISTRICT FACILITIES, TO BE FUNDED FROM 1001312-5304, 1025001-5304, 1700201-5304, 3281511-5300, 3281517-5300, 3281512-5300, 3281515-5300, 3281527-5300, 3282513-5300, 3282514-5300, 3282527-5300 AND 3283516-5300 RECOMMENDATION It is recommended that the City Council and Fire Board authorize the contract renewal (CO 03-084) on a month-to-month basis with no cost increase for fiscal year 2012-2013 with EMCOR Service/Mesa Energy Systems, Inc. (EMCOR Service), California for HVAC/control work and related energy management systems in the amount of $216,000 for City facilities and $23,650 for Fire District facilities; approve extra repair work for City facilities not to exceed $215,000; and perform indoor air quality modifications as needed at city-wide facilities not to exceed $10,000; for City and Fire District facilities, to be funded from 1001312-5304, 1025001-5304, 1700201-5304, 3281511-5300, 3281517-5300, 3281512-5300, 3281515-5300, 3281527- 5300, 3282513-5300, 3282514-5300, 3282527-5300 and 3283516-5300. BACKGROUND/ANALYSIS EMCOR Service is the City's current contractor for HVAC/control work and related energy management systems. Staff is requesting this contract be extended on a month-to-month basis to allow adequate time to finalize the specifications in preparation for a formal bid process to be conducted in FY12113. The current contract covers the routine and preventative maintenance and servicing of all HVAC related equipment and a set hourly and material rate for any repairs needed. Typical extra work would include repairs of condenser fan motors, exhaust fans, pumps, compressors, thermostats, etc. EMCOR Service has provided good service during the last year and staff recommends continuing the contract with this contractor with the same scope of work as Fiscal Year 2011-2012. Res Ily s itted, William Wittkopf, Public o s Services Director Mike ell, Fire C ief BW:TQ/jjw P7 STAFF REPORT Date: August 1, 2012 RANCHO To: Chairman and Members of the Housing Successor Agency CUCAMONGA John R Gillison City Manager From: Linda Daniels, Assistant City Manager By: Flavio Nunez, Management Analyst I/Planning Subject: APPROVAL OF A SECOND LOAN MODIFICATION AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AS THE HOUSING SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY AND SAN SEVAINE VILLAS, LP RECOMMENDATION It is recommended that the Housing Successor Agency approve the Second Loan Modification Agreement between the Successor Agency to the Rancho Cucamonga Redevelopment Agency and San Sevaine Villas, LP authorizing the loan to be non-recourse. BACKGROUND/ANALYSIS In September 2005 the former Rancho Cucamonga Redevelopment Agency entered into a Loan Agreement with Northtown Housing Development Corporation (NHDC) for the purpose of developing San Sevaine Villas, a 220-unit affordable housing complex. At the time the loan was executed the Agency's loan was a non-recourse debt on the project as all past Agency housing loans. A non-recourse debt provides for the collateral for the loan to be the project and the improvements that it is funding. In 2009, at the request of NHDC and its primary lender, a loan modification was made to change approximately $1.4 million of the loan to be a recourse debt. A recourse debt allows for all of the assets, not just those associated with the project and improvements, to be collateral for the loan. The request was made in order for the lender to solve what they felt was a tax liability associated with the primary loan. At the time the project was complete and construction financing was converting to permanent financing the lender notified NHDC that the portion of the Agency's loan that was in a recourse position was creating a negative situation in which the investor could not take the low and moderate income housing tax credits for the full 10-year period. NHDC and the lender realized the previous loan modification in 2009 was an error and if the recourse loan portion was not modified to be non-recourse as it was originally, it would substantially reduce the funds for the project and create a negative financial impact to the sustainability of the project. NHDC has requested the recourse portion of the loan be modified to a non-recourse debt as originally intended (Please see letter attached). The request to change the portion of the loan to non-recourse should not have any negative consequences to the Successor Agency as it does not cause the Successor Agency to invest more funds in the Project. The modification brings the loan to the provisions which were originally approved in 2005. Respectfully submitted, 6 a I Li a . Danie-soU Assistant City Manager Attachments—Second Loan Modification Agreement Letter from San Sevaine Villas requesting the loan modification P8 SAN SEVAINE VILLAS, LP CALIFORNIA 8599 HAVEN AVENUE,SUITE 205,RANCHO CUCAMONG A 0 July 11, 2012 Linda Daniels Assistant City Manager City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91730 Re: San Sevaine Villas Dear Ms. Daniels: We are writing to the City of Rancho Cucamonga, as the housing successor to the Redevelopment Agency of the City of Rancho Cucamonga ("Former RDA"), as now confirmed by Rancho Cucamonga Oversight Board action. As you may recall when we were closing the construction financing and syndication for Y Y 9 9 Y San Sevaine Villas ("Project") in June of 2009, the investor requested a change to the Agency Loan Modification Agreement that made a portion of the Agency Loan recourse to solve a potential tax problem for the Project. This change was to add Section 2.d Agency Loan Modification Agreement, which currently reads as follows: "d. Notwithstanding any other provision of the Loan Agreement or any other document evidencing or documenting the Loan, the Loan shall be recourse as to Borrower in an amount not to exceed $1,444,900 in the aggregate." At our investor's request, we are now asking the City to delete Section 2.d. from the Agency Loan Modification Agreement for the following reasons: • During the conversion to permanent financing for the Project in December of 2011, the permanent lender, CCRC, reduced the amount of its loan to the Project due to a variety of underwriting factors reflecting a more conservative lending environment in this post- financial crisis era. • One consequence of the reduced CCRC loan amount is that there is now insufficient minimum gain to permit the full allocation of low income housing tax credits to the investor throughout the full 10-year period tax credit period. Specifically, based on the investor's calculations, the loss of credits begins in year 7 (2017) and totals $287K through year 10. This amount increases to more than $1 M under slightly more conservative assumptions (1% revenue increase and 4% expense increase). P9 • Changing the portion of the Former Agency Loan that is currently recourse ($1,444,900) to non-recourse will generate sufficient minimum gain to eliminate the reallocation of credits. • Without this change to the recourse language in the Agency Loan Modification Agreement, our investor will invoke its credit adjuster rights to require Northtown to pay the investor for the loss of credits. The amount would be approximately $240K currently, with future adjusters that could bring the total to about $600K. This amount could increase (more reallocation) if expenses increase or revenue decreases. This requirement to make payments to the investor would have a truly negative impact on the Project and Northtown, and significantly limit Northtown's ability to strengthen and improve City neighborhoods and provide needed services to residents of the City of Rancho Cucamonga. This requested change should not have any negative consequences to the City as it does not cause the City to invest more funds in the Project, nor does it change in any way the City's repayment provisions or expected payment stream to the City from the Project. Indeed, this change would simply reflect the initial business understanding between the Former Agency and Northtown -that the entire Agency loan is non-recourse. Please let me know if you need any additional information. Thank you for continued courtesy in considering this request and the City's support for the Project. Sincerely, ebeca Dennis Executive Director Enclosures (Proposed Amendment to Agency Loan Modification Agreement) P10 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91730 Attn: City Manager No fee for recording pursuant to Government Code Section 27383 SECOND LOAN MODIFICATION AGREEMENT (San Sevaine Villas) This SECOND LOAN MODIFICATION AGREEMENT (the "Agreement') is dated as of August 1, 2012 and is entered into by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation ("City"), as the successor to the housing assets and function of the Rancho Cucamonga Redevelopment Agency ("Former Agency'), and SAN SEVAINE VILLAS, LP, a California limited partnership ("Borrower"). The City and the Borrower shall collectively be referred to herein as "Parties." RECITALS A. Pursuant to that certain Loan Agreement dated as of September 1, 2005 by and between Former Agency and Northtown Housing Development Corporation, a California nonprofit public benefit corporation ("NHDC"), as modified by that certain Loan Modification Agreement, dated as of July 1, 2009 ("First Modification") (collectively, "Loan Agreement'), the Former Agency made a construction and permanent loan to NHDC in the maximum principal amount of $40,700,000.00 ("Loan"). Capitalized terms used but not defined herein shall have the meaning set forth thereto in the Loan Agreement. B. The Loan is evidenced by that certain Promissory Note dated as of September 1, 2005, executed by NHDC in favor of the Former Agency ("Note") and secured by that certain Deed Of Trust with Assignment of Rents and Security Agreement, dated as of November 9, 2005 and recorded on November 15, 2005, as instrument number 2005-0857345 in the Official Records of the County of San Bernardino ("Official Records"), as modified by that certain Modification of Deed of Trust, dated as of July 1 , 2009 and recorded on July 9, 2009, as instrument number 2009-0300306 in the Official Records (collectively, "Deed of Trust'), against the property described in Exhibit A attached hereto ("Property"). The Former Agency and NHDC also entered into that certain Regulatory Agreement dated November 9, 2005 1 973\14\1156070.1 1311 ("Regulatory Agreement") which was recorded in the Official Records on November 15, 2005 as instrument number 2005-0857344. The Loan Agreement, the Note, the Deed of Trust and the Regulatory Agreement collectively shall be referred to herein as "Loan Documents". C. NHDC formed the Borrower to acquire, develop, and own the Development. With the Former Agency's pre-approval as set forth in Section 3.12 the Loan Agreement, NHDC assigned the Loan Documents and all of NHDC's right, title, and interest in, and obligations under the Loan Documents to the Borrower, and the Borrower assumed all of NHDC's right, title, and interest in and obligations under the Loan Documents from NHDC pursuant to the Assignment and Assumption Agreement, dated July 1 , 2009, which was recorded in the Official Records on July 9, 2009, as instrument number 2009-0300307 ("Assignment Agreement"). D. The Former Agency was dissolved as of February 1, 2012 pursuant to ABx1 26. The City is the successor to the housing assets and function of the Former Agency pursuant to ABx1 26 and Resolution No. 12-022, adopted by the City Council of the City of Rancho Cucamonga on January 15, 2012. All housing rights, powers, duties and obligations of the Former Agency under the Loan Documents transferred to the City as of February 1, 2012 pursuant to Health and Safety Code Section 34176(a), as further confirmed by the Oversight Board on April 4, 2012. For this reason, the City is entering into this Agreement instead of the Former Agency. E. The City and the Borrower desire to further modify the Loan Documents at the request of the investor limited partner to the Borrower to clarify that the entirety of the Loan is nonrecourse throughout the term of the Loan. NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants and agreements hereinafter set forth, and other consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Conditions and Precedent. The effectiveness of this Agreement is conditioned upon the satisfaction by Borrower (or express written waiver by City) of the following conditions: a. Borrower's delivery to City of resolutions and/or written consents of Borrower duly authorizing and approving this Agreement; b. Recordation in the Official Records of this Agreement, duly executed and acknowledged by Borrower, and in form and substance acceptable to the - City; and C. After the recording of this Agreement, Chicago Title Insurance Company issues a "date down" endorsement to Former Agency's Title Policy No. 42025426 in form and substance acceptable to City, at Borrower's cost and expense. 2 973\14\1156070.1 P12 2. Loan Modification. Upon the satisfaction of the conditions set forth in Section 1 above, Section 2.d of the First Modification shall be automatically deleted in its entirety and such modification shall be deemed effective for the entire term of the Loan. 3. No Claims or Defenses. Borrower represents and acknowledges that it has no existing or asserted (and no basis for any unasserted) claims, counterclaims, defenses or rights of setoff whatsoever with respect to any obligations of Borrower under the Note or any of the other Loan Documents. 4. Reservation of Rights and Remedies. City's approval and execution of this Agreement shall not waive any defaults that may currently exist under the Loan Documents, and City hereby expressly reserves all of its rights and remedies relating to or resulting from such defaults (if any); however, upon the effectiveness of this Agreement, any default which is not a default under the Loan Documents as modified by this Agreement shall be deemed to have been cured. 5. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. If any court of competent jurisdiction determines any provision of this Agreement or the Loan Documents to be invalid, illegal or unenforceable, that provision shall be deemed severed from the rest, which shall remain in full force and effect as though the invalid, illegal or unenforceable provision had never been a part hereof or of the Loan Documents. 6. Modification. No provision of the Loan Documents, as modified herein, may be changed, discharged, supplemented, terminated, or waived except in a writing signed by City and Borrower. 7. Binding Effect. The Loan Documents, as modified herein, shall be binding upon, and inure to the benefit of, Borrower and City and their respective successors and assigns. 8. Counterparts. This Agreement may be executed in any number of counterparts, each of which when executed and delivered to City will be deemed to be an original, and all of which, taken together, will be deemed to be one and the same instrument. 3 973\14\1156070.1 P13 IN WITNESS WHEREOF, Borrower and City have duly executed this Agreement as of the day and year first above written. CITY: CITY OF RANCHO CUCAMONGA, as the successor to the housing assets and function of the Rancho Cucamonga Redevelopment Agency By: Print Name: Title: ATTEST: By: Janice C. Reynolds, City Clerk APPROVED AS TO FORM AND LEGAL CONTENT: RICHARD, WATSON & GERSHON, a professional corporation By: James L. Markman, City Attorney BORROWER: SAN SEVAINE VILLAS, LP, a California limited partnership By: SAN SEVAINE VILLAS, LLC, a California limited liability company, its managing general manager By: NORTHTOWN HOUSING DEVELOPMENT CORPORATION, a California nonprofit public benefit corporation, its sole member By: Rebeca Dennis Executive Director 4 973\14\1156070.1 P14 STATE OF CALIFORNIA ) COUNTY OF ) On before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public STATE OF CALIFORNIA ) COUNTY OF ) On before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public P15 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: ALL THAT PORTION OF THE NORTHWEST % OF SECTION 9, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO GOVERNMENT SURVEY, LYING EAST OF THE WEST LINE OF THAT CERTAIN EASEMENT CONVEYED BY SANTA FE LAND IMPROVEMENT COMPANY TO SOUTHERN CALIFORNIA EDISON COMPANY, IN DEED DATED OCTOBER 14, 1940, AND RECORDED OCTOBER 28, 1940, IN BOOK 1441 OF OFFICIAL RECORDS, PAGE 66. EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST Y4 OF SECTION 9, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN; THENCE SOUTH 00 030'15" WEST 650.11 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89 023'35" WEST 1071.37; THENCE NORTH 21 016'02" EAST 646.6 FEET; THENCE SOUTH 89 023'35" WEST 269.40; THENCE SOUTH 2101602" WEST 2758.36 FEET; THENCE NORTH 89 023'40" EAST 2089.40; THENCE NORTH 00°30'15" EAST 1959.80 FEET, TO THE TRUE POINT OF BEGINNING. ALSO EXCEPT THEREFROM ALL OIL, GAS, AND OTHER HYDROCARBON AND MINERAL SUBSTANCES (EXCEPT WATER) LYING NOT LESS THAT 100 FEET BELOW THE SURFACE OF SAID REAL PROPERTY, AS EXCEPTED AND RESERVED IN THE DEED FROM SANTA FE LAND IMPROVEMENT COMPANY, A CORPORATION, TO OLIVER A. JOHNSON AND CRYSTAL M. JOHNSON, HUSBAND AND WIFE, AS JOINT TENANTS, DATED MAY 22, 1946 AND RECORDED JUNE 7, 1946, AS INSTRUMENT NO. 65, IN BOOK 1890 OF OFFICIAL RECORDS, PAGE 491, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, WHICH RECITES; "PROVIDED THAT THE FIRST PARTY, ITS SUCCESSORS AND ASSIGNS, SHALL NOT HAVE THE RIGHT TO ENTER UPON THE SURFACE OF SAID REAL PROPERTY FOR THE PURPOSE OF EXTRACTING, AND REMOVING ANY OF SUCH RESERVED SUBSTANCES, OR FOR ANY OTHER PURPOSES". 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Date: 07/25/: Report CK_AGENDA_REG_PORTRAIT_RC- CK:Agenda Check Register Portrait Layout Time: 16:0 CITY OF RANCHO CUCAMONGA P31 Agenda Check Register 7/11/2012 through 7/24/2012 Check No. Check Date Vendor Name Amoum AP 00326445 2012/07/18( VERIZON WIRELESS - LA 36.53 AP 00326445 2012/07/18 ( VERIZON WIRELESS - LA 76.71 AP 00326445 2012/07/18 ( VERIZON WIRELESS - LA 34.31 AP 00326445 2012/07/18 l VERIZON WIRELESS - LA 36.53 AP 00326445 2012/07/18( VERIZON WIRELESS- LA 36.53 AP 00326445 2012/07/18( VERIZON WIRELESS-LA 36.53 AP 00326445 2012/07/18 l VERIZON WIRELESS- LA 13.27 AP 00326445 2012/07/18( VERIZON WIRELESS- LA 41.34 AP 00326445 2012/07/18( VERIZON WIRELESS- LA 55.39 AP 00326445 2012/07/18( VERIZON WIRELESS-LA 36.53 AP 00326445 2012/07/18( VERIZON WIRELESS- LA 36.53 AP 00326445 2012/07/18( VERIZON WIRELESS- LA 36.78 AP 00326445 2012/07/18( VERIZON WIRELESS- LA 36.55 AP 00326445 2012/07/18 ( VERIZON WIRELESS- LA -192.61 AP 00326446 2012/07/18 ( VERIZON WIRELESS - LA 3,506.82 AP 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2012/07/19( CUCAMONGA VALLEY WATER DISTRICT 191.42 AP 00326563 2012/07/19( CUCAMONGA VALLEY WATER DISTRICT 316.20 AP 00326563 2012/07/19( CUCAMONGA VALLEY WATER DISTRICT 798.88 User: VLOPEZ-VERONICA LOPEZ Page: 23 Current Date: 07/25/: Report:CK_AGENDA_REG_PORTRAIT_RC- CK:Agenda Check Register Portrait Layout Time: 16:0 CITY OF RANCHO CUCAMONGA P39 Agenda Check Rellister 7/11/2012 through 7/24/2012 Check No. Check Date Vendor Name Amoum AP 00326563 2012/07/19( CUCAMONGA VALLEY WATER DISTRICT 4,804.19 AP 00326563 2012/07/19( CUCAMONGA VALLEY WATER DISTRICT 89.66 AP 00326563 2012/07/19( CUCAMONGA VALLEY WATER DISTRICT 2,201.47 AP 00326563 2012/07/19( CUCAMONGA VALLEY WATER DISTRICT 1,647.04 AP 00326563 2012/07/19( CUCAMONGA VALLEY WATER DISTRICT 235.64 AP 00326563 2012/07/19( CUCAMONGA VALLEY WATER DISTRICT 370.22 AP 00326563 2012/07/19( CUCAMONGA VALLEY WATER DISTRICT 770.01 AP 00326563 2012/07/19( CUCAMONGA VALLEY WATER DISTRICT 220.97 AP 00326563 2012/07/191 CUCAMONGA VALLEY WATER 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00326277 2012/07/18 l ALTA LOMA ANIMAL HOSPITAL 50.00 AP 00326277 2012/07/18 ( ALTA LOMA ANIMAL HOSPITAL 50.00 AP 00326277 2012/07/181 ALTA LOMA ANIMAL HOSPITAL 25.00 AP 00326277 2012/07/18 1 ALTA LOMA ANIMAL HOSPITAL 50.00 AP 00326277 2012/07/18 l ALTA LOMA ANIMAL HOSPITAL 50.00 AP 00326277 2012/07/18 l ALTA LOMA ANIMAL HOSPITAL 50.00 AP 00326277 2012/07/18 1 ALTA LOMA ANIMAL HOSPITAL 25.00 AP 00326277 2012/07/18( ALTA LOMA ANIMAL HOSPITAL 50.00 AP 00326277 2012/07/18( ALTA LOMA ANIMAL HOSPITAL 50.00 AP 00326277 2012/07/18 1 ALTA LOMA ANIMAL HOSPITAL 25.00 AP 00326277 2012/07/18( ALTA LOMA ANIMAL HOSPITAL 50.00 AP 00326277 2012/07/18 ( ALTA LOMA ANIMAL HOSPITAL 50.00 AP 00326277 2012/07/18 ( ALTA LOMA ANIMAL HOSPITAL 50.00 User: VLOPEZ-VERONICA LOPEZ Page: 25 Current Date: 07/25/: Report:CK_AGENDA_REG_PORTRAIT_RC- CK: Agenda Check Register Portrait Layout Time: 16:0 CITY OF RANCHO CUCAMONGA P41 Agenda Check Register 7/11/2012 through 7/24/2012 Check No. Check Date Vendor Name Amount 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Date: 07/25/; Report CK_AGENDA_REG_PORTRAIT_RC- CK:Agenda Check Register Portrait Layout Time: 16:0 CITY OF RANCHO CUCAMONGA P50 Agenda Check Register 7/11/2012 through 7/24/2012 Check No. Check Date Vendor Name Amouni AP 00326210 2012/07/11 ( CHILD SUPPORT ENFORCEMENT DIVISION 175.00 AP 00326209 2012/07/11 ( CENTER STAGE ARTISTS INC. -525.00 AP 00326209 2012/07/11 l CENTER STAGE ARTISTS INC. 7,500.00 AP 00326208 2012/07/11 ( CALIFORNIA, STATE OF 129.75 AP 00326207 2012/07/11 l CALIFORNIA FRANCHISE TAX BOARD 100.00 AP 00326206 2012/07/11 l CALIFORNIA FRANCHISE TAX BOARD 150.00 AP 00326205 2012/07/11 1 CALIFORNIA FRANCHISE TAX BOARD 294.29 AP 00326232 2012/07/111 SBPEA 729.17 AP 00326231 2012/07/111 RCPFA 9,309.93 AP 00326230 2012/07/11 1 QUICKSTART INTELLIGENCE 7,390.00 AP 00326229 2012/07/11 ( PRE-PAID LEGAL SERVICES INC 11.40 AP 00326229 2012/07/11 1 PRE-PAID LEGAL SERVICES INC 143.46 AP 00326228 2012/07/11 1 PAZ, LORENA 10.00 AP 00326227 2012/07/11 1 PAL CAMPAIGN 50.00 AP 00326226 2012/07/11 1 NEWMAN, SHA 1,433.00 AP 00326225 2012/07/11 l NETSY TREATS INC 176.25 AP 00326249 2012/07/11 ( TORRES, CARLOS 1,000.00 AP 00326248 2012/07/11 ( THOMPSON PUBLISHING GROUP 378.50 AP 00326247 2012/07/11 ( THEATRICAL RIGHTS WORLDWIDE LLC 985.00 AP 00326246 2012/07/11 ( SWANK MOTION PICTURES INC 821.00 AP 00326245 2012/07/11 ( SOUTHLAND SPORTS OFFICIALS 322.00 AP 00326245 2012/07/11 ( SOUTHLAND SPORTS OFFICIALS 138.00 AP 00326244 2012/07/11 ( SHERIFFS COURT SERVICES 100.00 AP 00326243 2012/07/11 1 SHERIFFS COURT SERVICES 150.00 AP 00326242 2012/07/11 l SHERIFFS COURT SERVICES 397.34 AP 00326256 2012/07/11 1 VERIZON CALIFORNIA 40.85 AP 00326256 2012/07/11 ( VERIZON CALIFORNIA 188.71 AP 00326256 2012/07/11 1 VERIZON CALIFORNIA 35.81 AP 00326256 2012/07/11 ( VERIZON CALIFORNIA 827.02 AP 00326256 2012/07/11 1 VERIZON CALIFORNIA 41.02 AP 00326256 2012/07/11 1 VERIZON CALIFORNIA 1,515.98 AP 00326256 2012/07/11 ( VERIZON CALIFORNIA 38.59 AP 00326256 2012/07/11 1 VERIZON CALIFORNIA 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VALLEY WATER DISTRICT 1,293.47 AP 00326260 2012/07/12( CUCAMONGA VALLEY WATER DISTRICT 210.43 AP 00326260 2012/07/12( CUCAMONGA VALLEY WATER DISTRICT 2,123.52 AP 00326260 2012/07/12( CUCAMONGA VALLEY WATER DISTRICT 1,067.55 AP 00326260 2012/07/12( CUCAMONGA VALLEY WATER DISTRICT 678.01 AP 00326260 2012/07/12( CUCAMONGA VALLEY WATER DISTRICT 863.51 AP 00326260 2012/07/12( CUCAMONGA VALLEY WATER DISTRICT 128.32 AP 00326260 2012/07/12( CUCAMONGA VALLEY WATER DISTRICT 32.36 AP 00326260 2012/07/12( CUCAMONGA VALLEY WATER DISTRICT 484.51 AP 00326260 2012/07/12 l CUCAMONGA VALLEY WATER DISTRICT 3,202.87 AP 00326260 2012/07/12( CUCAMONGA VALLEY WATER DISTRICT 178.96 AP 00326260 2012/07/12( CUCAMONGA VALLEY WATER DISTRICT 770.01 AP 00326260 2012/07/12 ( CUCAMONGA VALLEY WATER DISTRICT 1,404.69 AP 00326260 2012/07/12 ( CUCAMONGA VALLEY WATER DISTRICT 917.29 AP 00326260 2012/07/12 ( CUCAMONGA VALLEY WATER DISTRICT 134.11 AP 00326260 2012/07/12 ( CUCAMONGA VALLEY WATER DISTRICT 144.55 AP 00326260 2012/07/12( CUCAMONGA VALLEY WATER DISTRICT 1,090.12 AP 00326260 2012/07/12 ( CUCAMONGA VALLEY WATER DISTRICT 609.56 AP 00326260 2012/07/12 ( CUCAMONGA VALLEY WATER DISTRICT 214.50 AP 00326260 2012/07/12( CUCAMONGA VALLEY WATER DISTRICT 921.68 AP 00326260 2012/07/12 ( CUCAMONGA VALLEY WATER DISTRICT 2,383.38 AP 00326260 2012/07/12 ( CUCAMONGA VALLEY WATER DISTRICT 100.09 AP 00326260 2012/07/12( CUCAMONGA VALLEY WATER DISTRICT 1,320.88 AP 00326260 2012/07/12 ( CUCAMONGA VALLEY WATER DISTRICT 190.43 AP 00326260 2012/07/12( CUCAMONGA VALLEY WATER DISTRICT 62.54 AP 00326260 2012/07/12( CUCAMONGA VALLEY WATER DISTRICT 2,782.95 AP 00326260 2012/07/12( CUCAMONGA VALLEY WATER DISTRICT 85.44 AP 00326260 2012/07/12( CUCAMONGA VALLEY WATER DISTRICT 723.56 AP 00326260 2012/07/12( CUCAMONGA VALLEY WATER DISTRICT 258.06 AP 00326260 2012/07/12( CUCAMONGA VALLEY WATER DISTRICT 428.15 AP 00326260 2012/07/12( CUCAMONGA VALLEY WATER DISTRICT 317.88 AP 00326260 2012/07/12( CUCAMONGA VALLEY WATER DISTRICT 649.14 AP 00326260 2012/07/12( CUCAMONGA VALLEY WATER DISTRICT 552.39 AP 00326260 2012/07/12( CUCAMONGA VALLEY WATER DISTRICT 486.11 AP 00326260 2012/07/12( CUCAMONGA VALLEY WATER DISTRICT 962.76 AP 00326260 2012/07/12( CUCAMONGA VALLEY WATER DISTRICT 186.29 AP 00326260 2012/07/12( CUCAMONGA VALLEY WATER DISTRICT 271.02 AP 00326260 2012/07/12( CUCAMONGA VALLEY WATER DISTRICT 398.46 AP 00326260 2012/07/12( CUCAMONGA VALLEY WATER DISTRICT 211.82 AP 00326260 2012/07/12 ( CUCAMONGA VALLEY WATER DISTRICT 231.45 AP 00326260 2012/07/12( CUCAMONGA VALLEY WATER DISTRICT 258.21 AP 00326260 2012/07/12( CUCAMONGA VALLEY WATER DISTRICT 159.90 AP 00326260 2012/07/12( CUCAMONGA VALLEY WATER DISTRICT 504.24 AP 00326260 2012/07/12( CUCAMONGA VALLEY WATER DISTRICT 645.12 User: VLOPEZ-VERONICA LOPEZ Page: 36 Current Date: 07/25/: Report:CK_AGENDA_REG_PORTRAIT_RC-CK: Agenda Check Register Portrait Layout Time: 16:0 CITY OF RANCHO CUCAMONGA P52 Agenda Check Register 7/11/2012 through 7/24/2012 Check No. Check Date Vendor Name Amoum AP 00326260 2012/07/121 CUCAMONGA VALLEY WATER DISTRICT 200.15 AP 00326260 2012/07/121 CUCAMONGA VALLEY WATER DISTRICT 251.23 AP 00326257 2012/07/11 ( WALTERS,LISA 2,000.00 AP 00326256 2012/07/11 ( VERIZON CALIFORNIA 364.70 AP 00326256 2012/07/11 l VERIZON CALIFORNIA 584.72 AP 00326256 2012/07/11 ( VERIZON CALIFORNIA 209.51 AP 00326256 2012/07/11 ( VERIZON CALIFORNIA 37.42 AP 00326256 2012/07/11 ( VERIZON CALIFORNIA 77.91 AP 00326256 2012/07/11 ( VERIZON CALIFORNIA 38.59 AP 00326256 2012/07/11 ( VERIZON CALIFORNIA 53.33 AP 00326256 2012/07/11 ( VERIZON CALIFORNIA 79.93 AP 00326256 2012/07/11 ( VERIZON CALIFORNIA 75.43 AP 00326256 2012/07/11 ( VERIZON CALIFORNIA 38.59 AP 00326256 2012/07/11 l VERIZON CALIFORNIA 38.59 AP 00326256 2012/07/11 ( VERIZON CALIFORNIA 37.42 AP 00326256 2012/07/11 ( VERIZON CALIFORNIA 112.26 AP 00326256 2012/07/11 l VERIZON CALIFORNIA 38.59 AP 00326256 2012/07/11 l VERIZON CALIFORNIA 38.59 AP 00326256 2012/07/11 ( VERIZON CALIFORNIA 38.59 AP 00326256 2012/07/11 1 VERIZON CALIFORNIA 38.59 AP 00326256 2012/07/11 1 VERIZON CALIFORNIA 38.59 AP 00326256 2012/07/11 ( VERIZON CALIFORNIA 593.27 AP 00326256 2012/07/11 ( VERIZON CALIFORNIA 39.45 AP 00326256 2012/07/11 ( VERIZON CALIFORNIA 145.17 AP 00326254 2012/07/11 ( US POSTMASTER 10,000.00 AP 00326253 2012/07/11 ( UNITED WAY 6.00 AP 00326253 2012/07/11 ( UNITED WAY 183.00 AP 00326252 2012/07/11 ( UNIFIRST UNIFORM SERVICE 109.88 AP 00326252 2012/07/11 ( UNIFIRST UNIFORM SERVICE 603.17 AP 00326252 2012/07/11 ( UNIFIRST UNIFORM SERVICE 48.58 AP 00326251 2012/07/11 ( TUTOR.COM INC 17,500.00 AP 00326250 2012/07/11 l TRACKDOWN MANAGEMENT SERVICES 100.00 AP 00326241 2012/07/11 ( SHERIFFS COURT SERVICES 18.70 AP 00326240 2012/07/11 l SHERIFFS COURT SERVICES 255.00 AP 00326239 2012/07/11 1 SHERIFFS COURT SERVICES 186.79 AP 00326238 2012/07/11 ( SHERIFFS COURT SERVICES 30.51 AP 00326237 2012/07/11 ( SHERIFFS COURT SERVICES 71.86 AP 00326236 2012/07/11 l SHERIFFS COURT SERVICES 25.00 AP 00326235 2012/07/11 ( SDC LEAGUE PENSION FUND 344.00 AP 00326234 2012/07/11 ( SDC LEAGUE HEALTH FUND 500.00 AP 00326223 2012/07/11 1 ]ONES, SEAN 2,000.00 AP 00326221 2012/07/11 ( INLAND VALLEY DAILY BULLETIN 485.86 AP 00326219 2012/07/11 ( INFORMATION TECHNOLOGY GROUP LLC 1,379.65 AP 00326218 2012/07/11 ( INFOGROUP 11,600.00 AP 00326217 2012/07/11 l HARBOUR, CAROL 964.00 User: VLOPEZ-VERONICA LOPEZ Page: 37 Current Date: 07/25/: Report:CK_AGENDA_REG_PORTRAIT_RC- CK: Agenda Check Register Portrait Layout Time: 16:0 CITY OF RANCHO CUCAMONGA P53 Agcnda Check Reeister 7/11/2012 through 7/24/2012 Check No. Check Date Vendor Name Amount AP 00326214 2012/07/11 ( .FIRST CLASS HEATING&AIR INC. 4,500.00 AP 00326213 2012/07/11 1 CROSSEN,HOWARD 400.00 AP 00326212 2012/07/111 CPRS 140.00 AP 00326204 2012/07/11 1 CALIFORNIA FRANCHISE TAX BOARD 72.50 AP 00326203 2012/07/11 1 CALIFORNIA FRANCHISE TAX BOARD 100.00 AP 00326202 2012/07/11 ( CALIFORNIA FRANCHISE TAX BOARD 50.00 AP 00326201 2012/07/11 l CALIFORNIA FRANCHISE TAX BOARD 100.00 AP 00326200 2012/07/11 ( CALIFORNIA FRANCHISE TAX BOARD 25.00 AP 00326199 2012/07/11 ( CALIFORNIA FRANCHISE TAX BOARD 50.00 AP 00326198 2012/07/11 ( ASCE-RIVERSIDE/SAN BERNARDINO BRANCH 50.00 AP 00326197 2012/07/11 ( ADAMS,JIM 500.00 AP 00326182 2012/07/11 ( UNITED ROTARY BRUSH CORPORATION 519.67 AP 00326183 2012/07/11 1 UNITED SITE SERVICES OF CA INC 6.96 AP 00326185 2012/07/11 ( VALLEY CREST LANDSCAPE MAINTENACE 3,500.00 AP 00326186 2012/07/11 1 VALVERDE SCHOOL OF PERFORMING ARTS 23,060.30 AP 00326187 2012/07/11 ( VASTA,WILLIAM 471.41 AP 00326188 2012/07/11 1 VEND U COMPANY 143.45 AP 00326189 2012/07/11 1 VER SALES 1,415.51 AP 00326189 2012/07/11 1 VER SALES 290.93 AP 00326190 2012/07/11 ( WALTERS WHOLESALE ELECTRIC CO 58.20 AP 00326190 2012/07/11 1 WALTERS WHOLESALE ELECTRIC CO 103.38 AP 00326190 2012/07/11 l WALTERS WHOLESALE ELECTRIC CO 527.55 AP 00326190 2012/07/11 ( WALTERS WHOLESALE ELECTRIC CO 148.05 AP 00326191 2012/07/11 ( WAXIE SANITARY SUPPLY 340.88 AP 00326191 2012/07/11 l WAXIE SANITARY SUPPLY 288.46 AP 00326191 2012/07/11 ( WAXIE SANITARY SUPPLY 974.06 AP 00326192 2012/07/11 ( WESCO RECEIVABLES CORP 2,493.40 AP 00326193 2012/07/11 ( WESTERN FLOORING INC 1,750.00 AP 00326194 2012/07/11 ( WILSON AND BELL 185.00 EP 00002668 2012/07/11 ( CITIGROUP ENERGY INC 134,995.00 EP 00002669 2012/07/11 l SHELL ENERGY NORTH AMERICA 163,316.80 EP 00002671 2012/07/11 ( CALIF GOVERNMENT VEBA/RANCHO CUCAMOI 135,409.84 EP 00002671 2012/07/11 l CALIF GOVERNMENT VEBA/RANCHO CUCAMOI 7,025.00 EP 00002672 2012/07/11 ( VIASYN INC 3,137.00 Total for Entity: 3,209,261.18 User: VLOPEZ-VERONICA LOPEZ Page: 38 Current Date: 07/25/: Report:CK_AGENDA_REG_PORTRAIT_RC-CK: Agenda Check Register Portrait Layout Time: 16:0 P54 STAFF REPORT CITY MANAGER'S OFFICE RANCHO Date: August 1, 2012 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Erika Lewis-Huntley, Management Analyst II By: Michael Parmer, Management Aide Subject: APPROVAL TO ALLOCATE $111,291 AWARDED BY SAN BERNARDINO FIRST 5 INTO HEALTHY RC REVENUE ACCOUNT NO. 12180004905 AND APPROPRIATE $14,436 INTO ACCOUNT NO. 1218102-5000, $6785 INTO ACCOUNT NO. 1218102- 5030, AND $90,070 INTO ACCOUNT NO. 1218102-5200 FOR COSTS ASSOCIATED WITH THE DEVELOPMENT AND COORDINATION OF VARIOUS HEALTHY RC PROGRAMS AND ACTIVITIES FOR CHILDREN AGES 0-5 AND THEIR FAMILIES. RECOMMENDATION Staff recommends that the City Council. grant approval to allocate $111,291 awarded by San Bernardino First 5 into Healthy RC Revenue Account No. 1218000-4905 and appropriate $14,436 into Account No. 1218102-5000, $6785 into Account No. 1218102-5030, and $90,070 into Account No. 1218102-5200 for costs associated with the development and coordination of various Healthy RC programs and activities for children ages 0-5 and their families. BACKGROUND The City of Rancho Cucamonga recently applied for a competitive grant and was successfully awarded $111,291 from First 5 San Bernardino. First 5 San Bernardino's Healthy Cities initiative improves the health outcomes for pregnant women and children (ages 0-5). The grant is effective from July 1, 2012 to June 30, 2013. The grant will fund the following Healthy RC initiatives: • Bringing Health Home Farmer's Market Incentive Program — expanding the financial incentive program to stimulate healthy food purchases for pregnant women and families with children 0-5 in Rancho Cucamonga. Incentives are provided with dollar-match vouchers up to $50 per month for produce at Rancho Cucamonga farmer's markets. • Nutrition and Beverage Standards — ensuring access to healthy options by piloting a healthy vending machine at one City facility (Lions Center East) stocked with healthy foods that are aligned with the City's Nutrition and Beverage Standards Policy and baby supplies. • Healthy RC Dining Program — working with local restaurants and registered dieticians, healthy food options will be identified and branded under Healthy RC Dining Program and participating restaurants will receive promotional incentives. • Breastfeeding Friendly Policies and Lactation Support Program — developing Breastfeeding Friendly Workplace policies and a comprehensive lactation support program to support employee's breastfeeding goals. FISCAL IMPACT No matching funds required. P55 STAFF REPORT CITY MANAGER'S OFFICE RANCHO Date: August 1, 2012 C,UCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Erika Lewis-Huntley, Management Analyst II By: Michael Parmer, Management Aide Subject: APPROVAL TO ALLOCATE $10,000 AWARDED BY INLAND EMPIRE UNITED WAY INTO HEALTHY RC REVENUE ACCOUNT NO. 1218000-4905 AND APPROPRIATE $9,000 INTO ACCOUNT NO. 1218102-5200 AND $1,000 INTO ACCOUNT NO. 1218102-5300 FOR COSTS ASSOCIATED WITH THE BRINGING HEALTH HOME PROGRAM. RECOMMENDATION Staff recommends that the City Council grant approval to allocate $10,000 awarded by Inland Empire United Way into Healthy RC Revenue Account No. 1218000-4905 and appropriate $9,000 into Account No. 1218102-5200 and $1,000 into Account No. 1218102-5300 for costs associated with the Bringing Health Home Program. BACKGROUND The City of Rancho Cucamonga recently completed its first year of the Bringing Health Home (BHH) Program. Made possible by a Community Impact Grant from Inland Empire,United Way, BHH provided 149 Southwest Cucamonga families with a $50 monthly financial incentive (via dollar-to-dollar match) to make healthy food purchases at Rancho Cucamonga farmer's markets. Program participants are required to attend an educational workshop where they learn about the importance of financial literacy and the benefits of healthy eating, and participate in a healthy cooking demonstration by a professional chef. Due to the success of the program, the City was funded for an additional year in the amount of $10,000 to continue the program. The grant is effective from July 1, 2012 to June 30, 2013. FISCAL IMPACT No matching funds required. P56 MEMORANDUM - CITY CLERK'S OFFICE RANCHO Date: August 1, 2012 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Debra L. McNay, MMC Assistant City Clerk/Records Manager Subject: Approval of Resolution adopting a policy to continually comply with all the requirements of the Brown Act during the State of California's three-year suspension of State Mandates as contained in AB 1464 and SB 1006 RECOMMENDATION It is recommended the City Council approve the attached Resolution adopting a policy to comply with all the requirements of the Brown Act during the State's three-year suspension of this State mandate. BACKGROUND/ANALYSIS On June 27, 2012 AB 1464 was signed into law and contains a schedule of state mandates that were suspended during the 2012-2013 budget year, including the Brown Act. The same day, Senate Bill 1006, amended Section 17581 of the Government Code by adding the following language: "All state-mandated local programs suspended in the Budget Act for the 2012-13 fiscal year shall also be suspended in the 2013-14 and 2014-15." The suspension will therefore last 3 years. It is believed that the suspension of the State mandates for a three year period is a result of the State's dire fiscal condition. The portions of the Brown Act that were suspended include: • The preparation and posting at least 72 hours before a regular meeting of an agenda that contains a brief general description of each item of business to be transacted or discussed at the meeting. • Inclusion on the agenda of a brief general description of all items to be discussed in closed session. • Disclosure of each item to be discussed in closed session in an open meeting, prior to any closed session. • Report in open session prior to adjournment on the.actions and votes taken in closed session regarding certain subject matters. • Provide copies to the public of certain closed session documents. P57 AUGUST 1,2012 PAGE 2 It is important to note that the City of Rancho Cucamonga intends to conduct business as usual and to follow the requirements in the Brown Act in order to ensure that meetings are open and transparent to the public. On July 18, 2012, the League of California Cities Board of Directors adopted a Resolution urging all cities to adopt a policy statement pledging continued compliance with the Brown Act. Consequently, a Resolution has been prepared adopting a City policy to comply with all of the requirements of the Brown Act during the State's three-year suspension of this requirement. If you have any questions, please feel free to contact me. ebra L. N1cNay, MM A istant City Clerk/Records Manager Resolution (as noted) P58 RESOLUTION NO. 12-129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ADOPTING A POLICY TO CONTINUALLY COMPLY WITH ALL THE REQUIREMENTS OF THE BROWN ACT DURING THE STATE OF CALIFORNIA'S THREE-YEAR SUSPENSION OF STATE MANDATES AS CONTAINED IN AB 1464 AND SB 1006 WHEREAS,in 1953 the League collaborated with the California Newspaper Publishers Association and Assembly Member Ralph M. Brown to draft and secure the passage of the state's local government open meetings act, now known as the Brown Act; and WHEREAS, at the time of the enactment of the Brown Act, many city charters already required open city meetings accessible to the public, and the Brown Act simply extended that requirement to thousands of local agencies, including many special districts, school districts, etc. that had not adopted similar policies; and WHEREAS,the cities of California have been pioneers in achieving greater transparency in government, adopting local open government policies and involving tens of thousands of citizens in the affairs of their cities; and WHEREAS, independent of the requirements of state law, city governments across California have an unquestioned commitment to transparency and openness in city operations and government; and WHEREAS, in 2004 the League proudly supported Proposition 59, a constitutional amendment that passed with 83%of the vote that guarantees the right of public access to meetings of government bodies and writings of government officials; requires that statutes and rules furthering public access shall be broadly construed, or narrowly construed if limiting access; and further requires future statutes and rules limiting access to contain findings justify the necessity of those limitations; and WHEREAS,the state legislature recently passed AB 1464,a budget trailer bill signed into law on June 27, 2012,which contains a schedule of state mandates that are suspended during the 2012-2013 budget year, including the Brown Act; and WHEREAS, it is apparent that the purpose of the mandate suspensions is to comply with the requirements of 2004 Proposition 1A, strongly supported by the League, that the Legislature must suspend mandates for which it refuses to reimburse local governments; and WHEREAS, Senate Bill 1006, which was enacted the same day as AB 1464, amended Section 17581 of the Government Code by adding the following language: "All state-mandated local programs suspended in the Budget Act for the 2012-13 fiscal year shall also be suspended in the 2013-14 and 2014-15." The suspension will therefore last 3 years; and WHEREAS, the state's dire fiscal condition has led to the suspension of the Brown Act mandate; and WHEREAS, the Brown Act Committee of the League's City Managers Department has concluded that the suspension extends to the following provisions of the Brown Act: P59 Preparation and posting at least 72 hours before a regular meeting of an agenda that contains a brief general description of each item of business to be transacted or discussed at the meeting. (See Gov. Code § 54954.2(a).) Inclusion on the agenda of a brief general description of all items to be discussed in closed session. (See Gov. Code § 54954.2(a).) Disclosure of each item to be discussed in closed session in an open meeting, prior to any closed session. (See Gov. Code § 54957.7 (a).) Report in open session prior to adjournment on the actions and votes taken in closed session regarding certain subject matters. (See Gov. Code §§ 54957.1(a)(I)-(4), (6); 54957.7 (b)•) Provide copies to the public of certain closed session documents. (See Gov. Code § 54957.1 (b)-(c).) WHEREAS, the Brown Act Committee advises there is precedent for this suspension when the state took similar action in 1990 during a similar financial crisis and that during that time most cities continued to comply with the requirements of the Brown Act; and WHEREAS,city governments in California enjoy such a comparatively high level of public support and confidence because of their record of commitment to transparency and openness;and WHEREAS,the Brown Act Committee has concluded that the suspended provisions are central to the Act and that noncompliance with those provisions would unquestionably degrade transparency and erode public support in city government. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga that a policy be adopted to continually faithfully comply with all of the requirements of the Brown Act during this three year suspension. Please see the following page for formal adoption,certification and signatures Resolution No. 12-129 - Page 2 of 3 P60 PASSED, APPROVED, AND ADOPTED this 1s` day of August 2012. L. Dennis Michael, Mayor ATTEST: Janice C. Reynolds, City Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting held on the 15`day of August 2012. Executed this 2"' day of August 2012 at Rancho Cucamonga, California. Janice C. Reynolds, Secretary Resolution No. 12-129 - Page 3 of 3 P61 STAFF REPORT ADMINISTRATIVE SERVICES RANCHO Date: August 1, 2012 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Lori Sassoon, Deputy City Manager/Administrative Services By: Ken Hinojos, CPPB, Senior Buyer Subject: APPROVE A NEGOTIATED PURCHASE, FROM NEC UNIFIED SOLUTIONS, INC. (NEC), (CO# 12-080) FOR HARDWARE, SOFTWARE, AND INSTALLATION SERVICES TO UPGRADE THE CITY'S VOICE MAIL SYSTEM, IN THE AMOUNT OF $80,147.00, AND AUTHORIZE A CONTINGENCY IN THE AMOUNT OF $10,284.00, UTILIZING GENERAL ADMINISTRATION SERVICES (GSA) CONTRACT NUMBER GS-35F-0245J, FUNDED FROM 1712001-5603 (EQUIP/VEHICLE REPLACEMENT) RECOMMENDATION It is recommended that the City Council approve a negotiated purchase, from NEC Unified Solutions, Inc. (NEC), (CO#12-080) for hardware, software, and installation services to upgrade the city's voice mail system in the amount of $80,147.00, and authorize a contingency in the amount of $10,284.00, utilizing General Administration Services (GSA) Contract Number GS-35F-0245J, funded from 1712001-5603 (Equip/Vehicle Replacement) BACKGROUND/ANALYSIS The City's voice mail system was last replaced in 2008. During that 2008 upgrade, staff was asked to identify new features that would enhance the basic system and improve overall telecommunication efficiencies, such as the capability for future expansion towards integrated telephone, data network services, and mobile devices. By moving toward integrated voice and data services, telecommunications for staff will become more flexible and increase the ability to respond to calls and messages remotely. In 2011, staff was advised that the complete voice mail system would soon reach end of life and will require an upgrade to the hardware and software. In planning for a system upgrade it presented an opportunity to explore for a more enhanced voice mail system that will implement voice and data integration features staff was asked to identify as a result of the 2008 upgrade. Features such as Unified Messaging (UM), Unified Communications (UC), and an in-house system maintenance module (MA4000) were identified as enhancements that will fulfull the flexibility and remote access abilities desired. By utilizing UM and UC technology, voice mail messages left on desk phones can be programmed by the user to route to their mobile devices and their computers as an audible email message. Users will be able to follow other each other by viewing availability in or out of the office, send instant messages, and program desk and smart phones to ring simultaneously when receiving incoming calls. The new recommended technologies will initially be implemented as a pilot program and will be offered to limited City staff who fill a specific function within their job duties. P62 • Implementation of the MA4000 module will allow a major portion of system maintenance to be done with existing in-house staff, which will reduce NEC support costs for basic system updates and changes. The City Council has allocated funding in the FY 2012/2013 budget for this project. The Purchasing Division invited NEC to submit a proposal for a voice mail system upgrade meeting the City's needs. NEC has submitted an offer based on General Services Administration Contract Number GS-35F-0245J. Staff reviewed the offer and determined there was an opportunity for further negotiation. Staff continued to work with NEC representatives on a more cost effective proposal. The final offer received resulted in a cost avoidance in the amount of $11,361.00 below the initial offer without any reductions in the originally proposed system and is well within the approved budget. All documentation is on file in Purchasing. P63 STAFF REPORT - RANCHO Date: August 1, 2012 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Robert Karatsu, Library Director Subject: APPROVAL TO ALLOCATE $8,000 FROM CALIFORNIA STATE LIBRARY GRANT FUND BALANCE AND APPROPRIATE $8,000 INTO EXPENDITURE ACCOUNT 1291602-5300 FOR LOCAL HISTORY PROJECT. RECOMMENDATION Staff recommends that the City Council approve and allocate $8,000 from Library and appropriate $8,000 into expenditure account 1291602-5300 for Local History Project in the following manner: 1291602-5300 Contract Services $8,000 BACKGROUND/ANALYSIS In the past two years, the Library has successfully applied for and received multiple grants from the California State Library for local history projects in Rancho Cucamonga. At the end of the FY 2011-12, not all of these grant funds were expended so they were moved into the California State Library Grant Fund Balance. At this time, we are requesting that these funds be allocated back into the Local History Project fund so that work that has been started on certain projects can be completed in this fiscal year. FISCAL IMPACT No net impact on the Library Fund or General Fund as the grant does not have any City matching requirements and fully funds the items listed above. Respectfully submitted, �G6 -G tq-JA Robert Karatsu Library Director P64 STAFF REPORT RANCHO Date: August 1, 2012 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Robert Karatsu, Library Director Subject: APPROVAL TO ALLOCATE $12,000 FROM LIBRARY SERVICES AND TECH ACT FUND BALANCE AND APPROPRIATE $12,000 INTO EXPENDITURE ACCOUNT 1302601-5200 FOR PLAY AND LEARN ISLAND TM PROJECT. RECOMMENDATION Staff recommends that the City Council approve and allocate $12,000 from Library and appropriate $12,000 into expenditure account 1302601-5200 for Play and Learn Island TM Project in the following manner: 1302601-5200 Operations & Maintenance $12,000 BACKGROUND/ANALYSIS In the past two years, the Library has successfully applied for and received multiple grants from the California State Library for the Play and Learn Island TM Project in Rancho Cucamonga. At the end of the FY 2011-12, not all of these grant funds were expended so they were moved into the Library Services and Tech Act Fund Balance. At this time, we are requesting that these funds be allocated back into the Play and Learn Island TM Project fund so that work that has been started on certain projects can be completed in this fiscal year. FISCAL IMPACT No net impact on the Library Fund or General Fund as the grant does not have any.City matching requirements and fully funds the items listed above. Respectfully submitted, r4-'4'V W Robert Karatsu Library Director P65 STAFF REPORT PUBLIC WORKS SERVICES DEPARTMENT Date: August 1, 2012 RANCHO C;UCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: William Wittkopf, Public Works Services Director By: Dean Rodia, Parks/Landscape Maintenance Superintendent Keri Hinojos, CPPB, Senior Buyer Subject: APPROVAL OF A SINGLE SOURCE VENDOR SELECTION WITH CALSENSE OF CARSLBAD, CA, FOR ROUTINE SYSTEM PARTS AND REPAIRS IN ANNUAL AMOUNTS AS PER ADOPTED BUDGET FUNDED BY MULTIPLE CITY AND LANDSCAPE MAINTENANCE ACCOUNTS WITH AN OPTION TO RENEW FOR ADDITIONAL ONE YEAR PERIODS, UPON REVIEW AND CONFIRMATION OF PRICING AND MUTUAL CONSENT, UP TO A TOTAL OF FOUR YEARS BEGINNING IN FISCAL YEAR 12-13 RECOMMENDATION It is recommended that the City Council approve single source vendor selection with Calsense of Carlsbad, CA, for routine system parts and repairs in annual amounts as per adopted budget funded by multiple city and landscape maintenance accounts with an option to renew for additional one year periods, upon review and confirmation of pricing and mutual consent, up to a total of four years beginning in fiscal year 12-13. BACKGROUND/ANALYSIS Since the implementation of Calsense Irrigation System, the City has been able to increase the annual water savings up to 20% in landscape areas throughout the City. Calsense has improved the maintenance level in our landscapes by reducing plant material damage and water waste, providing the City with significant savings in labor and water costs. Calsense in an intricate part of the City's Central Irrigation System; the use of their controllers, management software and services makes it possible to manage a proper and efficient system for distributing irrigation water throughout all of the landscape areas. Staff recommended the use of Calsense as a single source vendor because it allows the City to continue an established "manufacturer-direct" relationship that eliminates the "middle-man" distributor and it also offers the benefit of extremely prompt service as well as cost savings on special projects such as equipment upgrades when changes in technology occur. Calsense has provided good service during the last year and staff recommends continuing the single source vendor contract with this contractor with the same scope of work as Fiscal Year 2011-2012. Resp full submit d, William Wittkopf Public Works Services Director BW:DR:kh STAFF REPORT 166 PUBLIC WORKS SERVICES DEPARTMENT Date: August 1, 2012 RANCHO To: Mayor and Members of the City Council C,UCAMONGA John R. Gillison, City Manager From: William Wittkopf, Public Works Services Director Mike Bell, Fire Chief By: Ty Quaintance, Facilities Superintendent Janet Walker, Management Analyst II Keri Hinojos, CPPB, Senior Buyer Subject: AUTHORIZATION TO RENEW CONTRACT (CO 03-084) WITH EMCOR SERVICE/MESA ENERGY SYSTEMS, INC. (EMCOR SERVICE), CALIFORNIA ON A MONTH-TO-MONTH BASIS WITH NO FEE INCREASE FOR FISCAL YEAR 2012-2013 FOR HVAC/CONTROL WORK AND RELATED ENERGY MANAGEMENT SYSTEMS IN THE AMOUNT OF $216,000 FOR CITY FACILITIES AND $23,650 FOR FIRE DISTRICT FACILITIES; APPROVE EXTRA REPAIR WORK FOR CITY FACILITIES NOT TO EXCEED $215,000; AND PERFORM INDOOR AIR QUALITY MODIFICATIONS AS NEEDED AT CITY-WIDE FACILITIES NOT TO EXCEED $10,000; FOR CITY AND FIRE DISTRICT FACILITIES, TO BE FUNDED FROM 1001312-5304, 1025001-5304, 1700201-5304, 3281511-5300, 3281517-5300, 3281512-5300, 3281515-5300, 3281527-5300, 3282513-5300, 3282514-5300, 3282527-5300 AND 3283516-5300 RECOMMENDATION It is recommended that the City Council and Fire Board authorize the contract renewal (CO 03-084) on a month-to-month basis with no cost increase for fiscal year 2012-2013 with EMCOR Service/Mesa Energy Systems, Inc. (EMCOR Service), California for HVAC/control work and related energy management systems in the amount of $216,000 for City facilities and $23,650 for Fire District facilities; approve extra repair work for City facilities not to exceed $215,000; and perform indoor air quality modifications as needed at city-wide facilities not to exceed $10,000; for City and Fire District facilities, to be funded from 1001312-5304, 1025001-5304, 1700201-5304, 3281511-5300, 3281517-5300, 3281512-5300, 3281515-5300, 3281527- 5300, 3282513-5300, 3282514-5300, 3282527-5300 and 3283516-5300. BACKGROUND/ANALYSIS EMCOR Service is the City's current contractor for HVAC/control work and related energy management systems. Staff is requesting this contract be extended on a month-to-month basis to allow adequate time to finalize the specifications in preparation for a formal bid process to be conducted in FY12/13. _ The current contract covers the routine and preventative maintenance and servicing of all HVAC related equipment and a set hourly and material rate for any repairs needed. Typical extra work would include repairs of condenser fan motors, exhaust fans, pumps, compressors, thermostats, etc. EMCOR Service has provided good service during the last year and staff recommends continuing the contract with this contractor with the same scope of work as Fiscal Year 2011-2012. Res illy su"b itted, William Wittkopf, Public Wo cs Services Director Mike Bell, Fire Chief BW:TQ/jw P67 STAFF REPORT - PUBLIC WORKS SERVICES DEPARTMENT � Date: August 1, 2012 RANCHO To: Mayor and Members of the City Council CUCAMONGA John R. Gillison, City Manager From: William Wittkopf, Public Works Services Director By: Ernest Ruiz, Streets, Storm Drains and Fleet Superintendent Keri Hinojos, CPPB, Senior Buyer Subject: AUTHORIZATION TO RENEW CONTRACT (CO 09-220) WITH REPUBLIC ITS, INC. OF NOVATO, CALIFORNIA WITH NO FEE INCREASE AND CONSISTENT WITH THE ORIGINAL COMPETITIVE BID PROCESS FOR FISCAL YEAR 2012-2013 FOR CITYWIDE TRAFFIC SIGNAL MAINTENANCE IN AN ANNUAL AMOUNT OF $543,810 ($145,248 ANNUAL CONTRACT PLUS $398,562 EXTRA WORK ALLOWANCE) TO BE FUNDED FROM ACCOUNT NUMBER 1177303-5300 (MEASURE 12010-2040) RECOMMENDATION It is recommended that the City Council authorize the contract renewal (CO 09-220) with Republic ITS, Inc. of Novato, California with no fee increase and consistent with the original competitive bid process for Fiscal Year 2012-2013 for citywide traffic signal maintenance in an annual amount of $543,810 ($145,248 annual contract plus $398,562 extra work allowance) to be funded from account number 1177303-5300 (Measure 12010-2040). BACKGROUND/ANALYSIS On June 3, 2009, City Council approved and awarded a competitively bid contract with Republic ITS to provide citywide traffic signal maintenance. This contract was awarded for a one (1) year term and may be extended on a year-to-year basis by agreement of the City Manager and the contractor for one (1) year periods beginning July 1, 2010. All other terms and conditions of the original agreement remain intact. The annual contract amount listed above is for preventative routine maintenance, which includes a complete inspection and service of each signalized intersection, flashing crosswalks and signalized crosswalks once a month. The extra work allowance consists of failures or malfunctions of the traffic signal system, safety lighting or internally illuminated street name signs typically caused by any of the following: natural causes, vehicle collision, vandals, excavation or resurfacing of the street, power failure or underground wire damage. Examples of traffic signal repairs include: replacement of damaged traffic signal cabinets, replacement of downed main signal poles, repair damaged traffic loops, rewire intersection with new cable and conductors, replace emergency vehicle preempt equipment, and/or replace uninterrupted power supply equipment. The extra work allowance amount is based on infrastructure and historical data compiled over the past four years. This will be the forth fiscal year of the contract and the contractor has submitted a letter of intent expressing their desire to continue service to the City of Rancho Cucamonga at the same rates as Fiscal Year 2011-2012. There have been no rate increases during the time Republic ITS has been providing service to the City. Republic ITS has provided good service during the last year and staff recommends continuing the contract with this contractor with the same scope of work as Fiscal Year 2011-2012. Res tfully bmitte William Wittkop f Public Works Services Director BW:ER:kh P68 STAFF REPORT - ENGINEERING SERVICES DEPARTMENT Date: August 1, 2012 RANCHO CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Carlo Cambare, Engineering Technician Subject: RELEASE OF MAINTENANCE GUARANTEE CASH DEPOSIT FOR DRC2005-00831, LOCATED AT THE NORTHEAST CORNER OF VINEYARD AVENUE AND SAN BERNARDINO ROAD, SUBMITTED BY MAPLETON INTERNATIONAL FINANCIAL, L.P. RECOMMENDATION It is recommended that City Council authorize the City Clerk to release the Maintenance Guarantee Cash Deposit, for DRC2005-00831, located at the Northeast corner of Vineyard Avenue and San Bernardino Road, submitted by Mapleton International Financial, L.P. BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the street improvements remain free from defects in materials and workmanship. DEVELOPER Mapleton International Financial, L.P. 115 Jensen Court Thousand Oaks, CA 91360 Release: Maintenance Guarantee Cash Deposit CR155492 $11,200.00 Respectfully submitted, MIv�ye Director of Engineering Services/City Engineer MAS:CC/alrw Attachment(s) City of Rancho Cucamonga Engineering Division Vicinity Map RED MILL COMMUNITY PARK � Q� CIIUR_ ST z O CAMI O SUP VI .MA G SJ' rn U� y - ZZ r=m- Ul �, TL OQ� V ➢ Z > tSl. t rn y � rn N N O0 A AN6ERNARDINO RD .. : .. E5T CIA FOOTHILL BLVD .A ,4l TI WE LN - W A w g WmILLaLVb ° Y z _ T z CHE EA DE ST KNOLLWOOD PL \ tt N W r E S Item: Q�PC?O/l1�'• 008 / Title: V/CMn!L MAP P70 STAFF REPORT - ENGINEERING SERVICES DEPARTMENT Date: August 1, 2012 RANCHO CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Carlo Cambare, Engineering Technician Subject: APPROVAL OF IMPROVEMENT AGREEMENT EXTENSION FOR TRACT 18032, LOCATED ON THE WEST SIDE OF DAY CREEK BOULVEARD, SOUTH OF VINTAGE DRIVE, SUBMITTED BY MERITAGE HOMES OF CALIFORNIA RECOMMENDATION It is recommended that City Council adopt the attached resolution accepting the subject agreement extension and security and authorizing the Mayor and City Clerk to sign said agreement. BACKGROUND/ANALYSIS Improvement Agreement and Improvement Security to guarantee the construction of the public improvements for Tract 18032 were approved by the City Council on July 6, 2011 in the following amounts: Faithful Performance Bond: $ 483,700.00 Labor and Material Bond: $ 483,700.00 Monumentation Cash Deposit $ 3,766.00 Sales for this project have not been to what they hoped. The developer, Meritage Homes of California, is requesting approval of a 12-month extension on said improvement agreement. Copies of the Improvement Agreement Extension are available in the City Clerk's office. Respectfully submitted, M Director of Engineering Services/City Engineer MAS:CC/alrw Attachment(s) P71 RESOLUTION NO. 12-130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 18032 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on August 1, 2012, by Meritage Homes of California, as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located on the west side of Day Creek Boulevard, south of Vintage Drive; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said Tract 18032; and WHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement Extension. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that said Improvement Agreement Extension and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. Resolution No. 12-130 — Page 1 P72 F7 F SP@UCE 111? Yf CX + a It JF f ANTACE OR zez z TR Most ; . ""- SFCRF7ARlA7!)- A _J +�.h .. ." 210 210 .,,CFKIYVlTAV t#6HLAPlD AV TR 18032 N n Vicinity Map W g%E Printed: Jul 16, 2012 P73 CITY OF RANCHO CUCAMONGA IMPROVEMENT AGREEMENT EXTENSION FOR TRACT 18032 THIS AGREEMENT is made and entered into, in conformance with the provisions of the Subdivision Map Act of the City of Rancho Cucamonga, California, a municipal corporation, by and between said City, hereinafter referred to as the City and Meritage Homes, referred to as Developer. WITNESSETH: THAT WHEREAS, said Developer entered into an Improvement Agreement with the City as a requisite to issuance of building permits, and WHEREAS, said Developer desires an extension of time to complete the terms of said Improvement Agreement. NOW THEREFORE it is hereby agreed by the City and by said Developer as follows: 1. The completion date of the terms of the said improvement is hereby extended by a period of 12 months from the original date of City Council approval of said Agreement. 2. All other terms and conditions of said Improvement Agreement shall remain the same. As evidence of understanding the provisions contained herein, and of intent to comply with same, the Developer has affixed his signature hereto: CITY OF RANCHO CUCAMONGA, DEVELOPER CALIFORNIA Meritage Homes, a Municipal Corporation By: L. Dennis Michael, Mayor Attest: Janice C. Reynolds, City Clerk Developer's Address DEVELOPER'S SIGNATURE MUST BE NOTARIZED AND COMPLETED IN TRIPLICATE Developer's Copy 4 ACKNOWLEDGMENT (In accordance with Section 1189 of the California Civil Code) State of California County of Riverside} ss. On July 05, 2012 before me, Katherine L Chavez, Notary Public, personally appeared Peter Vanek, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signatures on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. KATHERINE L.CHAVE N�'� �` Commission # 1837848 [ n Notary Public - California Zµ�,.�',, Orange County n My Comm. Eypires Feb 22, 2013' /% Signature �);T 1.11 it9G1" seal) Katherine L Chavez, Notary Public,_ 9837848 (My Commission Expires Feb 22, 2013) P75 CITY OF RANCHO CUCAMONGA IMPROVEMENT AGREEMENT EXTENSION FOR TRACT 18032 THIS AGREEMENT is made and entered into, in conformance with the provisions of the Subdivision Map Act of the City of Rancho Cucamonga, California, a municipal corporation, by and between said City, hereinafter referred to as the City and Meritage Homes, referred to as Developer. WITNESSETH: THAT WHEREAS, said Developer entered into an Improvement Agreement with the City as a requisite to issuance of building permits, and WHEREAS, said Developer desires an extension of time to complete the terms of said Improvement Agreement. NOW THEREFORE it is hereby agreed by the City and by said Developer as follows: 1. The completion date of the terms of the said improvement is hereby extended by a period of 12 months from the original date of City Council approval of said Agreement. 2. All other terms and conditions of said Improvement Agreement shall remain the same. As evidence of understanding the provisions contained herein, and of intent to comply with same, the Developer has affixed his signature hereto: CITY OF RANCHO CUCAMONGA, DEVELOPER CALIFORNIA Meritage Homes, a Municipal Corporation By: L. Dennis Michael, Mayor Attest: Janice C. Reynolds, City Clerk Developer's Address DEVELOPER'S SIGNATURE MUST BE NOTARIZED AND COMPLETED IN TRIPLICATE Copy G1N C1Eik5 6 ACKNOWLEDGMENT (In accordance with Section 1189 of the California Civil Code) State of California County of Riverside} ss. On July 05, 2012 before me, Katherine L Chavez, Notary Public, personally appeared Peter Vanek, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signatures on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. KATH7lNE L. CHAVEZ Commission # 78378 i 1, Notary Public - i California z z •t`� ° Orange County My Comm. Expires Feb 22,2013 Signature (seal) Katherine L Chavez, Notary Public,# 1 (My Commission Expires Feb 22,2013) P77 STAFF REPORT ENGINEERING SERVICES DEPARTMENT ' Date: August 1, 2012 RANCHO CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer Subject: APPROVAL TO SUBSTITUTE IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT MAP 16651, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD WEST OF CUCAMONGA CHANNEL, SUBMITTED D. R. HORTON LOS ANGELES HOLDING COMPANY, INC. RECOMMENDATION It is recommended that the City Council adopt the attached resolution accepting a new agreement and security for Tract Map 16651, authorizing the Mayor and the City Clerk to sign the new agreement and the City Clerk to release the current agreement and security. BACKGROUND/ANALYSIS Tentative Tract 16651 located on the north side of Foothill Boulevard west of Cucamonga Channel, in the Foothill Boulevard-Cucamonga Channel Mixed Use Area within Subarea 1 of the Foothill Districts, was approved by the Planning Commission on February 11, 2004, for the division of 6.9 acres into 1 lot for residential condominium purposes, to accommodate 92 condominium units. On December 6, 2006, the City Council approved an agreement and securities submitted by LB/L-Villa Tuscany, LLC, as Developer, for the installation of off site improvements. To date they have constructed 3 of the 16 proposed multifamily residential buildings for a total of 18 units on site. Most of the frontage improvements have been completed, in coordination with the Foothill Boulevard Street Improvement Project from Grove Avenue to Vineyard Avenue, but traffic signal modifications are still outstanding. A new Developer, D.R. Horton, has purchased the property and is submitting a substitute agreement and security to guarantee completion of the remaining improvements in the full original bond amounts: Faithful Performance Bond No. 5016791 $140,300.00 Labor & Materialmen Bond No. 5016791 $140,300.00 Respectfully submitted, M Director of Engineering Services/City Engineer MAS/BAM:rlf Attachments P78 y � Y .yRCr VICINITY MAP xrs. 1 � I I / II I I / I I / 11 / I / / I / / / i l q[Jy� ' SEE SHEEt 2 I i U E pOOTHILL ------------ _--, INDEX MM _ 1 is CITY OF ITEM: Tract 16651 RANCHO CUCAMONGA TITLE: Substitute Improvement Agreement ENGINEERING SERVICES DEPARTMENT EXHIBIT: Vicini Map P79 RESOLUTION NO. 12-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A NEW IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT MAP 16651 AND RELEASING THE CURRENT IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY WHEREAS, Tract Map number 16651, consisting of 1 lot for residential condominium purposes, generally located on the north side of Foothill Boulevard west of Cucamonga Channel, was approved by the City of Rancho Cucamonga on December 6, 2006, and all of the requirements established as prerequisite to approval of the final map were met by entry into an Improvement Agreement guaranteed by acceptable Improvement Security by LB/L-Villa Tuscany, LLC, as developer; and WHEREAS, a new Developer, D.R. Horton Los Angeles Holding Company, Inc., is now submitting for approval a substitute Improvement Agreement and Improvement Security. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES, that said substitute Improvement Agreement and Improvement Security submitted by D.R. Horton Los Angeles Holding Company, Inc., be and the same are hereby approved and the Mayor is hereby authorized to sign said agreement on behalf of the City of Rancho Cucamonga, and the City Clerk attest; and that the City Clerk is hereby authorized to release the Improvement Agreement and Improvement Security submitted by LB/L-Villa Tuscany, LLC. Resolution No. 12-131 - Page 1 P80 STAFF REPORT - ENGINEERING DEPARTMENT RANCHO Date: August 1, 2012 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Trina Valdez, Public Services Technici n III Fred Lyn, Utilities Division Manager_`" Subject: ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $75,978.40, TO THE LOWEST RESPONSIVE BIDDER, SOLARMAX RENEWABLE ENERGY PROVIDER, INC., AND AUTHORIZE THE EXPENDITURE OF A 15% CONTINGENCY IN THE AMOUNT OF $11,396.76 FOR THE INSTALLATION OF A SOLAR PHOTOVOLTAIC SYSTEM AT THE PAUL A. BIANE LIBRARY AT VICTORIA GARDENS TO BE FUNDED FROM UTILITY FUND, ACCOUNT NO. 17063035209 RECOMMENDATION It is recommended that the City Council accept the bid received and award and authorize the execution of the contract in the amount of $75,978.40, to the lowest responsive bidder, SolarMax Renewable Energy Provider, Inc., and authorize the expenditure of a 15% contingency in the amount of $11,396.76, for the Installation of a Solar Photovoltaic System at the Paul A. Biane Library at Victoria Gardens to be funded from Utility Fund, Account No. 17063035209. BACKGROUND/ANALYSIS Per previous Council action, bids were solicited, received and opened on July 10, 2012, for the subject project. The Engineer's estimate was $78,000.00. Staff reviewed the bid received and found it to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. Staff has completed the background investigation and finds the lowest responsive bidder meets the requirements of the bid documents. The scope of work consists of, but not limited to minor modification to the structural elements of the roof to support the.additional weight and uplift forces of the solar panels, installation of the solar panels and racking system, re-roofing a portion of the existing flat roof and necessary electrical work. The contract documents call for forty five (45) working days to complete this construction. Respectfully submitted, Mark er Director of Engineering Services/City Engineer MAS:TV:FL/alrw Attachment(s) P81 0 VICINITY MAP M ST Fl- ` I It __ J J- JL FONT"A UPLAND i PROJECT LOCATION I 1/ -ter ,I F ONTARIO CITY OF RANCHO CUCAMONGA �rt CULTURAL CENTER / VG LIBRARY ?r N 12505 CULTURAL CENTER DR. RANCHO CUCAMONGA, 91739 N.T.S. n P82 BID SUMMARY FOR BID OPENING JULY 10,M11 APPARENTLOWB100ER INSTALLATION OF A SOLAR PHOTOVOLTAIC SYSTEM AT THE PAUL A.DIANE LIBRARY AT BMOVEBR'e Sa M..R.ww.0 VICTORIA GARDENS BRTINATB B P...M..I- I WIT vm MIT so O51T GYCRI . . AMO9RT COST .VOVrt 1. 1 LS MOBILIZATION 3500100 $SWN 52,000.00 53,00000 CONSTRUCT 3.5 X 35 X 111 STRUCTURAL TUBING PER SHT,i AND DETAILS ON SM.5 $25.00 62,150 00 $66.00; $5,61600 (INCLUDES WELDING OF TUBES PER DETAIL 2. 6S LF 96HT.6) 3. 3 EA CONSTRUCT SPLICE PER DETAIL 2,SHT 6 $300.00 $60000 $352.00 $7..00 4. 3 EA CONSTRUCT SPLICE PER DETAIL 3.SHT.8 $200'00 SA00'00 3361.00. S]93.00 CONSTRUCT UNISTRUT 5001 SEAMS PER SHT.4 AND DETAILS 1,S AND 7.SHT,i vS.00 $1.650.00 $"..U. $3,662.60 $. 63 If ONLLUDESALLWELDING) WIDE FLANGE BEAM CONNECTIONS PER $21000 iJ 36000 f2Sl C0'� $3.,008.00 6. 16 EA DETAIL 1.BHT.6 CONSTRUCT STRUCTURAL TUBING AND y560,00 S1,660.W S2.Nj $15900 T 3 EA WALL CONNECTIONS PER DETAIL I,6HT.6 CCNS111ULT lINI6IRUT SWt BEAM AND WALL CONNECTION PER DETAIL T.SHT.7 $700.00 6703.00 527L.. 5215.00 R 1 EA (CONNECTION FOR TWO UNISTRUTS) CONSTRUCT TRAY ASSEMBLY AND STRUCTURAL TUBING CONNECTIONS.PER 512000 {6,120.00 5396.00 S6.336.00 9 ID EA DETAILS SHT.S CONSTRUCT SEISMIC I SLIDING ANCHOR CONNECTIONS PER DETAILS I AND 5,SHT,7 $1..0 00 5!000.00 $825.001 $3.30000 10 1 EA (FOR AET RACKS) CONSTRUCT SEISMIC I SLIDING ANCHOR CONNECTIONS PER DETAILS I AND 5.SHT.7 $1.000.00 SLOSI {625.001 $62500 I] 1 EA SIMILAR(FOR ROOFTOP DC-DISCONNECT) REMOVE INTERFERING PORTIONS OF EXISTING FIREPROTELTION SPRAY AT WIDE FLANGE BEAMS AND PLACE 2-HR FIREPROTECTION SPRAY AT NEW ROOF $2,000.00 32.001 $825.00 {62500 PENETRATIONS.STRUCTURAL TUBING AND BEAM CONNECTIONS,AND STRUCTURAL 12 1 LS TUSINGANDWALLOONNELTIONS CONSTRUCT INSULATING UGHTWEIGHT CONCRETE I POLYSTYRENE BOARDS PER $500.. S2.SC6.. S616.. 5306000 13 5 EA DETAILS.SHT.7 CONSTRUCT INSULATING LIGHTWEIGHT $10000 51,6XL. {99.00 iI,Soom 16 IS EA CONCRETE PER DETAIL 3,SHT.7 CONSTRUCT RE-ROOFING CAP(HOT- }500 ",5NN $9..• $11,91000 15 1710 S,. MOPPED INSTALLATIOM,AND INCIDENTALS CONSTRUCT ROOF PENETRATION FLASHING I CAULKING(AT TRAY ASSEMBLIES)PER $70.00 {1,1..00 39900' $1,56400 16 IS FA DUAL 2.SHT 7 CONSTRUCT ROOF PENETRATION FIASHING I CAVU(ING(AT SEISMIC I SLIDING $70.00 5350.00 $23100. SI.15500 17 5 EA ANCHORS)PER DETAIL I.SHT.7 CONSTRUCT ROOF PENETRATON FLASHING I CAUIXING(AT ELECTRICAL CONDUITS)PER $60.00 $SSOO {9900 $"M DETAILS 2 AND 3,SHT.7(SIMILAR), 18 1 EA INCLUDES INSULATING CONCRETE CONSTRUCTAETSCLARPANELMOUNTINGI ".500.L10 S450000 fa,100.00, ".10000 l9 1 LS RACKING SYSTEM 201 721 A I CONSTRUCT AET SOLAR PANEL BALLAST $20.00 $1,460.. S13.. 593600 CONSTRUCT ROOFTOP PHOTOVOLTAIC $350.00 59500.00 $385.701 $10,x99.60 21 26 FA SOLAR PANELS 22 1 1 EA I CONSTRUCT ROOFTOP DC-0ISCONNECT "00.. S400.00 55 IM i36IM CONSTRUCT ROOFTOP ELECTRICAL WIRING.CONDUITS.BOXES.'BALANCE OF 52.600.00 $2.60000 53,01500 S3p2SM 23 1 L8 SYSTEM- INVERTERROOMANDELECTRICROOM 000.00 5200.00 SSH.501 i"430 24 1 EA CONSTRUCTDGDISCONNECT INVERTER ROOM AND ELECTRIC ROOM- $.M. S3D2.591 $603.. 25 1 EA CONSTRUCTAC-DISCONNECT INVERTER ROOM AND ELECTRIC ROOM- $6.5... SA,OOp.Op f],Se300 {],7500 26 1 EA CONSTRUCT INVERTER INVERTER ROOM AND ELECTRIC ROOM- $20G.00 $200.00 $]02.30. 63M W 27 1 FA CONSTRUCT METER PANEL INVERTER ROOM AND ELECTRIC ROOM- CONDUCT ELECTRICAL WORK,ELECTRICAL WIRING.ELECTRICAL CONNECTIONS $3,50000 53,500.. S93SM: $935.00 (INCLUDES ELECTRICAL WIRING TO THE 28 1 LB ROOFTOP DC-DISCONNECT) CONSTRUCT MOUNTING SYSTEM AT INVERTER ROOM-FOR THE MOUNTING OF 625.. $2.500.00 "69. $HO.. THE INVERTER,METER PANEL,AND ACM 29 1 LS DISCONNECTS CONSTRUCT SIGNAGE-CO-GENERATION n.. SSN. SJo.w 56000 30 3 EA SIGNS PER DETAILS BUT 12 CONSTRUCT SIGNAGE-PV SIGNS PER SHT 15,TO BE INSTALLED ON THE EXTERIOR "00.00 ".600. 520.00. "0.. FACES OF THE ROOF PARAPETS OF THE - 31 1 EA CULTURAL CENTER CONSTRUCT LABELS PER DETAILS.SHT 12. 15 AND OTHER LABELS AS REQUIRED BY $500.00 {30000 M. $20.. 32 1 Ls 1.6NEc PERFORM FUNCTIONAL PERFORMANCE TESTS,AND ELECTRICAL ACCEPTANCE SSIxJw 55... S3N0.00 $34000 33 1 LS TESTING AND COMMISSIONING TRAIN CITY STAFF ON SYSTEM OPERATIONS $150.00 SfiCO.CO SI30,. $600.00 31 ♦ OUR AND MAINTENANCE TOTAL He.aaO.OD S".97SM P83 STAFF REPORT - ADMINISTRATIVE SERVICES DEPARTMENT RANCHO Date: August 1, 2012 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Lori Sassoon, Deputy City Manager/Administrative Services By: Chris Paxton, Human Resources Director q Subject: APPROVAL OF A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA EXCLUDING FUTURE ELECTED OFFICIALS FROM CALPERS MEMBERSHIP RECOMMENDATION Staff recommends that the City Council adopt the attached Resolution of Intent to Amend the City's current contract with CaIPERS to exclude from CaIPERS membership any elected officials elected after October 7, 2012. BACKGROUND The City's current contract with the California Public Employees' Retirement System (CaIPERS) provides retirement benefits for elected officials on an optional basis. That is, when first elected an official has the option of becoming a CaIPERS member and ultimately receiving retirement benefits when qualified. As part of the City's efforts to reduce long term pension obligations the City Council has directed staff to explore the possibility of excluding elected officials from CaIPERS membership. Staff has learned that those currently enrolled as CaIPERS members cannot be excluded but that the City's contract can be amended to exclude officials elected in the future. This is the first step in the required process to amend the City's contract. If Council adopts the Resolution of Intent to Amend, staff will introduce an ordinance at the September 5, 2012 meeting. Once the ordinance is approved, the effective date of the amendment will be October 7, 2012. Attachments 1. Resolution 2. Amended Contract P84 RESOLUTION NO. 12-132 A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA EXCLUDING FUTURE ELECTED OFFICIALS FROM CALPERS MEMBERSHIP WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments of said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide for the exclusion of "Elected Officials" hired on or after the effective date of this amendment to contract. NOW, THEREFORE, BE IT RESOLVED, that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. PASSED, APPROVED, AND ADOPTED this day of , 2012. AYES: NOES: ABSENT: ABSTAINED: L. Dennis Michael, Mayor ATTEST: Janice C. Reynolds, City Clerk P85 I, JANICE C. REYNOLDS, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the day of 2012. Executed this _day of , 2012, at Rancho Cucamonga, California. Janice C. Reynolds, Secretary P86 l,. CAPERS EXHIBIT California Public Employees' Retirement System AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Rancho Cucamonga The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective January 28, 1978, and witnessed January 26, 1978, and as amended effective September 22, 1980, November 16, 1981, September 26, 1988, April 5, 1996, November 2, 2000, December 2, 2002 and July 4, 2011 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 14 are hereby stricken from said contract as executed effective July 4, 2011, and hereby replaced by the following paragraphs numbered 1 through 14 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after January 28, 1978 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. P87 3. Public Agency agrees to indemnify, defend and hold harmless the California Public Employees' Retirement System (CaIPERS) and its trustees, agents and employees, the CaIPERS Board of Administration, and the California Public Employees' Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attorneys fees that may arise as a result of any of the following: (a) Public Agency's election to provide retirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formulas provided under the Public Agency's prior non-CaIPERS retirement program. (b) Public Agency's election to amend this Contract to provide retirement benefits, provisions or formulas that are different than existing retirement benefits, provisions or formulas. (c) Public Agency's agreement with a third party other than CaIPERS to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided under this Contract and provided for under the California Public Employees' Retirement Law. (d) Public Agency's election to file for bankruptcy under Chapter 9 (commencing with section 901) of Title 11 of the United States Bankruptcy Code and/or Public Agency's election to reject this Contract with the CaIPERS Board of Administration pursuant to section 365, of Title 11, of the United States Bankruptcy Code or any similar provision of law. (e) Public Agency's election to assign this Contract without the prior written consent of the CaIPERS' Board of Administration. (f) The termination of this Contract either voluntarily by request of Public Agency or involuntarily pursuant to the Public Employees' Retirement Law. (g) Changes sponsored by Public Agency in existing retirement benefits, provisions or formulas made as a result of amendments, additions or deletions to California statute or to the California Constitution. 4. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Employees other than local safety members (herein referred to as local miscellaneous members). P88 5. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: a. SAFETY EMPLOYEES; AND b. ELECTED OFFICIALS HIRED ON OR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT TO CONTRACT. 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after December 2, 2002 shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment on or after December 2, 2002, and not entering membership for the first time in the miscellaneous classification after July 4, 2011 shall be determined in accordance with Section 21354.4 of said Retirement Law (2.5% at age 55 Full). 8. The percentage of final compensation to be provided for each year of credited current service as a local miscellaneous member entering membership for the first time in the miscellaneous classification after July 4, 2011 shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 9. Public Agency elected and elects to be subject to the following optional provisions: a. Section 20042 (One-Year Final Compensation) for those local miscellaneous members entering membership on or prior to July 4, 2011. b. Section 21024 (Military Service Credit as Public Service). C. Section 21151 (Industrial Disability Retirement For Local Miscellaneous Members). d. Section 21427 (Improved Nonindustrial Disability Allowance). e. Section 21574 (Fourth Level of 1959 Survivor Benefits). f. Section 20614, Statutes of 1978, (Reduction of Normal Member Contribution Rate). From September 22, 1980 and until November 16, 1981 , the normal local miscellaneous member contribution rate shall be 0%. Legislation repealed said Section effective September 29, 1980. P89 g. Section 20690, Statutes of 1980, (To Prospectively Revoke Section 20614, Statutes of 1978). h. Section 20475 (Different Level of Benefits). Section 21354 (2% @ 55 Full formula) and Section 20037 (Three-Year Final Compensation) are applicable to local miscellaneous members entering membership for the first time in the miscellaneous classification after July 4, 2011. 10. Public Agency, in accordance with Government Code Section 20834, shall not be considered an "employer" for purposes of the Public Employees' Retirement Law. Contributions of the Public Agency shall be fixed and determined as provided in Government Code Section 20834, and such contributions hereafter made shall be held by the Board as provided in Government Code Section 20834. 11. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members of said Retirement System. 12. Public Agency shall also contribute to said Retirement System as foHows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. C. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 13. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. P90 14. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the day of BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF RANCHO CUCAMONGA BY BY KAREN DE FRANK, CHIEF PRESIDING OFFICER CUSTOMER ACCOUNT SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM Witness Date Attest: Clerk AMENDMENT CaIPERS ID#4095864907 PERS-CON-702A P91 STAFF REPORT PLANNING DEPARTMENT Date: August 1, 2012 RANCHO CUCAMONGA To: Mayor and Members of the City Council From: Jeffrey A..Bloom, Interim Planning Director By: Jennifer Nakamura,Associate Planner Subject: MUNICIPAL CODE AMENDMENT DRC2010-00571 AND ADDENDUM TO THE GENERAL PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT (FPEIR) (SCH #2000061027) — CITY OF RANCHO CUCAMONGA — A comprehensive update to the Development Code including a request to replace Title 17 (Development Code), modify Chapter 2.24 (Historic Preservation), modify Chapter 1.12 (Penalties, Administrative and Civil Remedies and General Provisions), delete Chapter 5.12 (Regulation of Entertainment), delete Title 14 (Signs), delete Chapter 19.08 (Tree Preservation) and other clarifying amendments of the City of Rancho Cucamonga Municipal Code as well as a proposed addendum to the General Plan Final Program Environmental Impact Report (FPEIR). RECOMMENDATION: Staff recommends the City Council approve the second reading of the Development Code Update, Ordinance Number 855 as acted upon by the City Council at a public hearing on July 18, 2012. BACKGROUND: Staff provided an oral presentation at a public hearing to the City Council on July 18, 2012 detailing the changes proposed in Ordinance Number 855. The Development Code Update is a comprehensive revision and update of Title 17 of the Rancho Cucamonga Municipal Code that sets requirements for development of property, including development standards, permitted uses, building heights, building setbacks, parking standards, sign standards, landscaping requirements, subdivisions, animal keeping regulations, and other development-related topics. Ordinance Number 855 also includes numerous non-substantive amendments to provisions of the Municipal Code outside of Title 17 to implement the proposed new Development Code. The Ordinance has been drafted to be consistent with the goals and policies of the General Plan, adopted in May 2010. In addition to the outlined code amendments, Ordinance Number 855 adopts an addendum to the General Plan Program Environmental Impact Report (SCH #2000061027). The Development Code Update does not propose any substantial changes in the City's development regulations that were not analyzed in the General Plan EIR or that will require major revisions of the EIR due to the involvement of new significant environmental effects, or a substantial change to previously identified significant effects. As a consequence, an addendum is the appropriate level of environmental review. P92 CITY COUNCIL STAFF REPORT DEVELOPMENT CODE UPDATE DRC2010-00571 AND DEVELOPMENT FEE SCHEDULE CITY OF RANCHO CUCAMONGA August 1, 2012 Page 2 Respectfully submitted, Aerey Y{. Bloom Interim Planning Director JAB:JN/Is P93 ORDINANCE NO.855 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MUNICIPAL CODE AMENDMENT DRC2010-00571, A COMPREHENSIVE UPDATE TO THE DEVELOPMENT CODE, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. On May 23, 2012, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Municipal Code Amendment and, following the conclusion thereof, adopted its Resolution No. 12-23, recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. 2. On June 20, 2012, and continued to July 18, 2012, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the amendment. 3. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Based upon substantial evidence presented to the City Council during the above-referenced public hearing on June 20, 2012 and July 18, 2012, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The City adopted its current Development Code in 1983, and has since updated and amended individual sections of that code; and b. The City desires to adopt a comprehensive update to the Development Code in order to (i) reflect the goals, policies, and implementation measures of the City's General Plan, adopted in May 2010; (ii) ensure compliance with applicable Federal and State legislation; (iii) adopt an official zoning map consistent with the General Plan; (iv) promote sustainable development; and (v) improve the organization and usability of the Development Code; and C. The City has prepared a comprehensive update to the City's Development Code that implements the policies of the General Plan, which was updated in 2010. The City made the Public Draft Development Code Update ("Public Draft") available for public review in April 2012. The Public Draft is a comprehensive revision and update of Title 17 of the Rancho Cucamonga Municipal Code that sets requirements for private development of property, including development standards, permitted uses, building heights, building setbacks, parking standards, sign standards, landscaping requirements, subdivisions, animal keeping regulations, and other development-related topics; and P94 CITY COUNCIL ORDINANCE NO.855 DRC2010-00571 — DEVELOPMENT CODE UPDATE July 18, 2012 Page 2 d. The City has prepared an updated zoning map which is a graphic representation of the Development Code and represents no rezoning of land, which is included as Attachment 2, and e. Based on feedback received regarding the Public Draft, the City prepared a set of revisions (the "Revisions"), which is included as Attachment 3; and f. City staff has also identified numerous non-substantive amendments ("Additional Amendments") that will need to be made to provisions of the Municipal Code outside of Title 17 to accommodate the proposed Development Code Update, which is included as Attachment 4. g. The Public Draft, including the zoning map and as amended by the Revisions and together with the Additional Amendments, constitutes the Development Code Update, SECTION 3: The City has prepared an Addendum (the "Addendum") to the City of Rancho Cucamonga General Plan Environmental Impact Report (SCH#2000061027) (the "Final EIR"), attached hereto as Attachment 5 to this Resolution, which confirms that the environmental impacts stemming from the Development Code Update were adequately addressed in the Final EIR and that a subsequent EIR or negative declaration is not required for the Development Code Update. The City Council finds that the Addendum complies with the California Environmental Quality Act, its implementing regulations at 14 California Code of Regulations § 15000 et seq., and the City's local CEQA guidelines (collectively "CEQA") based also on the following specific findings and determinations: a. On May 10, 2010, the City Council of the City of Rancho Cucamonga adopted Resolution Number 10-068, adopting environmental findings pursuant to CEQA, certifying the Final EIR, adopting a statement of overriding considerations and adopting a Mitigation Monitoring and Reporting Program. The General Plan specifically contemplated a revision and comprehensive update of the Development Code such as is accomplished by the Development Code Update and the Final EIR analyzed the impacts thereof. b. The Development Code Update does not propose substantial changes to the City's development regulations that were not analyzed in the Final EIR or that will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The Project simply implements the goals and policies adopted in the City's General Plan and analyzed in the Final EIR. C. There have been no substantial changes with respect to the circumstances under which the Development Code Update is being undertaken that were not contemplated in the Final EIR or that will require major revisions of the Final EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The Final EIR that addressed the impacts of adopting the City's General Plan and revisions to the land development code was adopted on May 10, 2010. The existing conditions reported in the Final EIR are very similar to those currently in existence. Since adoption of the General Plan in 2010, the City has not processed any amendments to the plan. P95 CITY COUNCIL ORDINANCE NO.855 DRC2010-00571 — DEVELOPMENT CODE UPDATE July 18, 2012 Page 2 As a result, there are no substantial changes to the environment which would require a modification of the Final EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. d. There is no new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the Final EIR was certified that shows (a) the Development Code Update will have any significant effects not discussed in the Final EIR; (b) the significant effects examined in the Final EIR will be substantially more severe than previously shown; (c) mitigation measures or alternatives previously found to be infeasible would now be feasible and would substantially reduce one or more significant effects of the Development Code Update; or (d) considerably different mitigation measures or alternatives than those analyzed in the Final EIR would substantially reduce one or more significant effects on the environment are now available. SECTION 4: The City Council hereby adopts the comprehensive Development Code Update, attached to this Ordinance and incorporated herein by reference as Attachment 1. The Development Code attached as Attachment 1 completely replaces the City's existing Development Code and all provisions therein. SECTION 5: The City Council hereby adopts the Zoning Map as proposed in Attachment 2, attached to this Ordinance and incorporated herein by reference. SECTION 6: The City Council hereby adopts the Revisions to the Public Draft of the Development Code as proposed in Attachment 3, attached to this Ordinance and incorporated herein by reference. SECTION 7: The City Council hereby adopts the Additional Amendments as proposed in Attachment 4, attached to this Ordinance and incorporated herein by reference. SECTION 8: The provisions of this Ordinance, insofar as they are substantially the same as provisions of ordinances previously adopted by the City relating to the same matter, shall be construed as restatements and continuations of the earlier enactment, and not as new enactments. SECTION 9: The adoption of this Ordinance does not affect the following matters: a. Actions and proceedings that began before the effective date of this Ordinance. b. Prosecution for ordinance violations committed before the effective date of this Ordinance. C. Licenses and penalties due and unpaid at the effective date of this Ordinance. d. Collection of licenses and penalties due and unpaid at the effective date of this Ordinance. P96 'CITY COUNCIL ORDINANCE NO.855 DRC2010-00571 — DEVELOPMENT CODE UPDATE July 18, 2012 Page 2 e. Bonds and cash deposits required to be posted, filed, or deposited pursuant to any ordinance, resolution, or regulation. f. Matters of record that refer to or are connected with an ordinance previously adopted by the City the substance of which is amended by this Ordinance. Such references shall be construed to apply to the corresponding provisions of this Ordinance. SECTION 10: Any provision of the previously existing Development Code not included in the Development Code Update enacted by this Ordinance is hereby repealed. SECTION 11: Nothing in this Ordinance shall in any manner modify or otherwise affect the following subject matters: a. The corporate or jurisdictional limits of the City. b. Contracts to which the City is a party. c. City taxes. d. City franchises. e. Highways, roads, streets or other public right-of-way. f. Bonds or indebtedness of the City. g. A district, public corporation or other entity established by the City. h. Specific public improvements or assessments. i. Appropriation or investment of City funds. SECTION 12: The Council hereby directs the City Clerk to make all necessary, non- substantive conforming revisions to the Municipal Code necessary to codify this Ordinance, including but not limited to clerical corrections to section numbers, table and figure references and cross references. SECTION 13: If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless of the fact that any one or more sections, subsections, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. SECTION 14: The City Clerk shall certify to the adoption of this Ordinance and shall cause a Summary of this Ordinance to be published within 15 days after its passage at least P97 CITY COUNCIL ORDINANCE NO.855 DRC2010-00571 — DEVELOPMENT CODE UPDATE July 18, 2012 Page 2 once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. P98 The Public Draft Development Code Update was distributed under separate cover to the Planning Commission on April 4,2012 Copies are available for review at: City Hall — Planning Department Archibald Library — Adult Reference Desk Victoria Gardens Library — Adult Reference Desk James L. Brulte Senior Center — Information Desk In addition, an electronic copy is available for viewing and download on our website at www.citvofrc.us/dcupdate ATTACHMENT 1 P99 i ln� Q % U0 a u sE m m € : a 6 ` s s - € LL T Q c B v w 6 S von _, o € O E. e E E z anns` d € FFg [ri' E e°Y, E i P3 4- ry , E t g — d M Ira IF E r. � E E e ` r x u ATTACHMENT 2 P100 Revisions to Rancho Cucamonga Public Draft Development Code Staff is recommending the following revisions to the Public Draft Development Code Dated April, 2012. These amendments are shown in track changes as excerpts from relevant sections of the Public Draft Development Code with new language shown with underlined text and existing language to be removed shown with strike out text. Article II Land Use and Development Procedures Chapter 17.14 General Application Processing Procedures TABLE 17.14.060-1 APPROVING AUTHORITY FOR LAND USE ENTITLEMENTS - �.i ,, k i y', + v�., , , i,J Designated G4pprovigg Authority, [L$ NX 1M1 , Recomme- ndmgBOdY '� , ward" r3 a+li,i m``Axf ' 1 5 'yin 5"� arvya'd r^ . `FinaliDeasionµMaki n ,r,, �� Type�of,P�ennit OrnDeClSlen �.'{� ➢ �"'.. II� a,v'3f�u .,.kra9tuu.... ,rr+Y111 ++,.n•� 'Sw r: xl s w�, L P-lrareinincL tinoa 9r��If r re gpHs ra n roU lan nmM 1P " 'CgrOCUitnrYfi c l '4�Preserva6on 'o�g� +Commisswn�' '`"n' i .Comm�ss�on # Official Code Interpretation F Plan Check/Zoning Clearance F Home Occupation Permit F Sign Permit F Temporary Use Permit F Tree Removal Permit F Uniform Sign Program F Similar.Use Determination F - Reasonable Accommodation F Site Development Review F Minor Exception F Conditional Use Permit F Minor Design Review F Hillside Development Review F Mills Act R R€ Landmark Designation R R F Certificate of Appropriateness R F Certificate of Economic Hardship R F Entertainment Permit R F Major Design Review R F Variance .R F Adult Entertainment Permit R F Tentative Subdivision Map (see Title 16) R F Planned Community R R F 1 ATTACHMENT 3 13101 Revisions to Rancho Cucamonga Public Draft Development Code °'-- Designated�Approving Authority` - `R 'Recommending Body s " . IF "Final+Decision-Making Body Specific Plan R R F Prezoning R R F Zoning Code/Map Amendment R R F Development Agreement R R F General Plan Amendment R R F Chapter 17.16 Planning Director Decisions Section 17.16.040 Home Occupation Permit A. Findings. A Home Occupation Permit shall be granted only when the Planning Director determines that the proposed home occupation complies with all of the following findings: 2. The proposed home occupation is consistent with the development standards for Home Occupations in Section 17.98.030 (Development Standards) and 3. The establishment, maintenance, or operation of the home occupation applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of such use or to the general welfare of the City. Section 17.16.130 Minor Design Review B. Applicability. Minor Design Review is required for commercial, industrial, institutional, and residential projects that meet any of the following qualifications: 4. Residential additions equal to or greater than fifty percent (50%) of the existing square footage. Chapter 17.20 Planning Commission Decisions Section 17.20.020 Entertainment Permit C. Exceptions. The provisions of this Chapter shall not be deemed to require a permit for any of the following: 5. Unamplified entertainment provided by no more than txe-four L442) performers as an accessory use to dwFiAg rneal c at an established Festaw aat business where dancing is not allowed. 2 P102 Revisions to Rancho Cucamonga Public Draft Development Code Section 17.20.150 Reasonable Accommodation A. Purpose and Intent. In accordance with Federal and State fair housing laws, it is the purpose of this Section to allow for reasonable accommodations in the City's zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling. The intent is to alleviate the need for a Variance request for a reasonable accommodation as described herein. B. Permit Application. 3. Other Discretionary Permits. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval, then the applicant may file the request for reasonable accommodation together with the application for the other discretionary permit or approval. The processing procedures of the discretionary permit shall govern the joint processing of both the reasonable accommodation and the discretionary permit. As stated in the purpose and intent section a Variance is not required for the reasonable accommodation However if the project includes a separate request to deviate from City standards unrelated to the accommodation. a Variance application may be required C. Review Procedure. The Planning Seteraissier Director is designated approval authority for reasonable accommodation requests and shall approve a reasonable accommodation request if the compliance requirements below are addressed. E. Conditions. The Plannina Director is authorized to approve or deny applications and to impose reasonable conditions upon such approval as the Director may deem necessary to ensure compatibility with surrounding uses to preserve the public health. safety. and welfare and to enable the Director to make the findings required by Section 17.16.150.D (Findings). Chapter 17.22 City Council Decisions Section 17.22.020 Master Plan A. Purpose. The purpose of a Master Plan is to allow for the coordinated comprehensive planning of an subarea of the City in order to accomplish any of the following objectives: 4. To "plan ahead" and look beyond the limits of a particular Property to solve circulation drainage and neighborhood compatibility problems 5. To provide flexibility for developments beyond conventional zoning regulations to address special or unique needs or characteristics 3 P103 Revisions to Rancho Cucamonga Public Draft Development Code Article III Zoning Districts, Allowed Uses And Development Standards Chapter 17.24 Establishment of Zoning Districts Section 17.24.020 Zoning Districts Established TABLE 17.24.020-1 RANCHO CUCAMONGA ZONING DISTRICTS :Zoning ;z',• , , - District Zo m riing'District`NaelDescription Symbol:• _ 'ResidentialZoningZistricts r Very Low Residential. Designates areas for very low density residential use, with a VL minimum lot size of 20,000 square feet and a maximum residential density of up to 2 units per gross acre. L Low Residential, Designates areas for single-family residential use, with a minimum lot size of 7,200 square feet and a maximum residential density of 4 units per gross acre. Low-Medium Residential. Designates areas for low-medium density single-family or LM multiple-family use with site development regulations that assure development compatible with nearby single-family detached neighborhoods. Residential densities range from 4 to 8 units per gross acre maximum. Medium Residential. Designates areas for medium density multiple-family use, with site M development regulations that assure development compatible with nearby lower density residential development. Residential densities range from 8 to 14 units per gross acre maximum. Medium-High Residential. Designates areas for medium-high density multiple-family use, MH with site development regulations that assure development compatible with nearby lower density residential development. Residential densities range from 14 to 24 units per gross acre maximum. High Residential. Designates areas for high density multiple-family use, with site H development regulations that assure development compatible with nearby lower density residential development. Residential densities range from 24 to 30 units per gross acre. 'Mixed UseZonmg;District' Mixed Use. Designates areas for a mix of residential and nonresidential'uses, with site MU development regulations that assure development compatible with nearby lower density residential development, as well as internal compatibility among the varying uses. -Commercial and Office Zoning Districts` Office/Professional. Designates areas primarily for the . development of OP professional/administrative offices and personal services rather than commodities. Site development regulations and performance standards are designed to make such uses relatively compatible with residential uses. Neighborhood Commercial. Designates areas for immediate day-to-day convenience NC shopping and services for the residents of the immediate neighborhood. Site development regulations and performance standards are intended to make such uses compatible to and harmonious with the character of surrounding residential or less intense land use area. 4 P104 Revisions to Rancho Cucamonga Public Draft Development Code Zoning :District Zoning District?Name/Description_ :Symbol ! ' General Commercial. Designates areas for general commercial activities and services of a more intensive nature, including but not limited to major shopping facilities, major service- GC oriented uses, major financial, and corporate headquarters that are designed to serve the City or the region as a whole and are typically located primarily along major transportation routes. Community Commercial. Designates areas for commercial activities and services on a CC larger scale. Businesses are typically auto oriented and located along major commercial corridors. Specialty Commercial. Designates areas designed to enhance the character around historic resources or sites which promote a special landmark quality or create a special ambience. Examples include specialty theme-oriented uses located adjacent to the Thomas Brothers SC Winery, which complement the existing winery structure and provide a unifying theme or the establishment of tourist-oriented specialty uses in other areas, which cater to visitors. A limited number of office uses have been included into the specialty commercial category in order to facilitate an interactive office/commercial environment. Regional Related Commercial. Designates areas for large-scale commercial development RRC that serves both local and regional needs. Sites are easily,accessible from freeways and may contain a variety of goods and services, such as large-format retail, department stores, eating and drinking establishments, hotels, and motels. Commercial Office. Designates areas for activities that cater to business support and CO personal services. Uses typically include medical and health care clinics travel agencies insurance agencies. copy centers and other similar land uses lndustrial Zoning Districts 61 °' , Industrial Park. Designates areas for industrial firms seeking an attractive and pleasant working environment and a location which has prestige value. The district allows light IP industrial uses, office and administration facilities, research and development laboratories, and limited types of warehousing, as well as support businesses and commercial service uses. General Industrial. Designates areas for the widest possible range of light and medium GI industrial activity, including manufacturing, assembling, fabrication, wholesaling, heavy commercial, and office uses. The district may be employed as a buffer between nonindustrial uses and heavy industrial uses. Minimum Impact/Heavy Industrial. Designates areas for heavy industrial uses that will not MINI significantly impact the surrounding area including but not limited to, manufacturing, compounding, processing, fabrication, warehousing, storage, and freight handling. Heavy Industrial. Designates areas for heavy industrial uses including manufacturing, HI compounding, processing, fabrication, warehousing, storage, and freight handling. Use characteristics of this group include large structures to facilitate processing and open air storage of large amounts of raw or semi-refined products. Open'Spac-e Zomng3bistncts- =E Open Space. Designates areas primarily to protect environmentally sensitive land. The use OS regulations, development standards, and criteria provide low intensity development and encourage recreational activities and preservation of natural resources. 5 P105 Revisions to Rancho Cucamonga Public Draft Development Code Zonmg2, Drst _ n n mnct Zo N ption , protection of natural landforms; minimizing erosion; providing for public safety; protecting Designates maintaining open space HR water, flora, and fauna resources; and establishing design standards to provide for limited development in harmony with the environment. Allowed density is a maximum of 2 units per net buildable acre as determined through the Hillside Development Review process. FC Flood Control .Designates areas necessary for flood control facilities for protection of the public health, safety, and general welfare. UC Utility Corridor. Designates areas within utility corridors in which land uses compatible to both the utility function and surrounding, existing, or proposed land uses are allowed. Special Purpose Zoning Distrid4s Specific Plan. Designates areas for master planning through the adoption of a Specific Plan SP with unique land use and development standards for a particular project areas with a minimum of 300 acres. Planned Community. Designates areas master planning through the adoption of a Planned PC Community, which can establish unique land use and development standards for a particular project area. Planned Communities typically include less detail than Specific Plans and have no minimum project size requirement. OuerlayZoningflistrcts Senior Housing. Designates areas available for affordable rental housing units to serve the SH City's senior citizens. District provisions ensure high quality project design and establish incentives for ongoing affordability for this target group. This district can be combined with any residential base zoning district that meets the overlay district qualifications. Equestrian. Designates areas for the keeping of equine, bovine, and cleft-hoofed animals. Further, this district protects the ability to maintain such animals, promotes a "rural/farm" E character in an urban setting, and recognizes and encourages the educational and recreational values derived from raising and maintaining such animals. This district may be combined with any residential base zoning district that meets the overlay district qualifications. Foothill Boulevard. Designates areas along Foothill Boulevard for special use and development regulations to implement the goals and objectives in the General Plan for this FB important corridor that covers most of the length of Historic Route 66 through the City. Special regulations encourage a mix of uses, concentrate neighborhood, community, and regional-serving uses as appropriate, and accommodate future transit. Hillside. Designates sloped areas subject to special hillside development regulations. H Generally, this district applies to areas with a slope greater than or equal to 8%. This district may be combined with any residential base zoning district that meets the overlay district qualifications. HA Haven Avenue. Designates an area along Haven Avenue with unique allowed use regulations and development standards focused on high quality office opportunities. 0--Streetlndustrial Commercial. Designates areas with an Industrial Park Base Zonino District to encourage and support the intearation of traditional oeneral commercial uses and 49IC special development review requirements focused on retail opportunities.. Specifically, this district includes the areas on the east side of Haven Avenue between Arrow Route and Civic Center Drive. southwest corner of Foothill Boulevard and Rochester Avenue and the south side of Foothill Boulevard between Elm Avenue and Spruce Avenue. 6 P106 Revisions to Rancho Cucamonga Public Draft Development Code Chapter 17.30 Allowed Land Use by Base Zoning District Section 17.30.030 Allowed Land Uses and Permit Requirements E. Base Zoning District Names and Symbols. Base zoning district names for the zoning district symbols used in the table are listed below. Specific Plan (SP) District and Planned Community (PC) District are not listed in the table as the allowed uses for those base zoning districts are determined in compliance with the adopted Specific Plan or Planned Community. • Very Low Residential (VL) • Specialty Commercial (SC) • Low Residential (L) • Regional Related Commercial (RRC) • Low-Medium Residential (LM) • Commercial Office (CO) • Medium Residential (M) • Industrial Park (IP) • Medium-High Residential (MH) • General Industrial (GI) • High Residential (H) • Minimum ImpacttHeavy Industrial • Mixed Use (MU) (MI/HI) • Office Professional (OP) • Heavy Industrial (HI) • Neighborhood Commercial (NC) • Open Space (OS) • General Commercial (GC) • Hillside Residential District (HR) • Community Commercial (CC) • Flood Control-Open Space (FC) • Utility Corridor-Open Space (UC) TABLE 17.30.030-1 ALLOWED LAND USES AND PERMIT REQUIREMENTS BY BASE ZONING DISTRICT 'Land b�USe20nlrig `Js �a _ +�' dQ 'Z, iVr C; ^ St y0� Ul ' Distract;+ a, . . . , . _, I'ResidentiahUses Adult Day C4ep P P P P P P N N N N N N N N N P N N Home Caretaker C C C C C C P P P N N N N C C C C P C P P Housing _ Dwelling, Multi- N N P P P P P N N N N N N N N +NN N N N N N Family Dwelling, Second Unit(1) P P P P P P N N N N N N N N N N P P N N Dwelling, Single- Family P P P P N N N N N N N N N N N N N N P P N N _ Dwelling, Two- Family N N P P P P P N N N N N N N N N N N N N N N 7 P107 Revisions to Rancho Cucamonga Public Draft Development Code ILand " ? Use/Zomn J' �, Art x 7u a .0 U .0 'U tol 'Ut V Air District Emergency N N N N N N N N N C N N N N N C N N N N N N Shelter — Fame, Large Day Care Home, C C C C C C C N N N N N N N N N N N N C N N — Fame, Small Day Care Home, P P P P P P P N N N N N N N N N N N N P N N — Guest House P P P N N N N N N N N N N N N N N N N N N N Group C C C C C C C C C C C N C N N N N N N C N N Residential — Home Occupation (2) P P P P P P P N N N N N N N N N N N P P N N Live-Work Facility N N N N N N P N N N N N N N N N N N N N N N — Manufactured Home(3) P P P P N N N N N N N N N N N Mobile Home Park C C C C C C N N N N N N N N N N N N N N N N — Residential Care N N N C C C C N N N N N N N N N N N N N N N Facility — Residential Care P P P P P P N N N N N N N N N N N N N P N N Home — Single-Room Occupancy N N N P P P P N N N N N N N N N N N N N N N Facility Transitional Housing PIP P P P P P N N N N N N N N N N N N P N N — Agriaultureiand'Animal'-Related'Uses " Aaricultural Uses N N N N N N N N N N N N N N N N N N P N P P Animal is Pets (4 P P P P P tcC N N N N N N N N N N N N P N N Domestic Pets Animal Keeping, C C C C C N N N N N N N N N N N N C N N Exotic Animals — Animal Keeping, Insects (` P N N N N N N N N N N N N N N N N N N N N N Animal Keeping, Livestock P P N N N N N N N N N N N N N N N N N N N N Animals(4) Animal Keeping, P N N N N N N N LNN N N N kNN JNN N N Poultry — Equestrian Facility, C N N N N N N N N N N C C Commercial 8 P108 Revisions to Rancho Cucamonga Public Draft Development Code Land f = - UselZoning O Z 4� U �° 01 Distciat t x ' M Equestrian Facility, Hobby P N N N N N N N N N N N N N N N N N N N N N — Recreation,?ResourceiPreservation,,Opem'Space,"Education,:and Public AssemblyiUses Assembly Use C C C I C I C C I N C C C C C C C C C N I N I N N N N Cemetery/ N N N N N N N N N N N N N N N N N N C N N N Mausoleum — Community Center/Civic Use C C C C C C C C C C C C C C P P N N N C N N Commu — ity Garden C C C C C C N N N N N N N N N N N N P N P P Garden — Convention Center N N N N N N C C C — —C — C C C C C C C C C N N N N — — — — — — — — — Golf Course/ N N N N N N N N N N N N N N N N N N C N C C Clubhouse — Indoor Amusement/Ente N N N N N N C N C C P P P N N N N N N N N N rtainment Facility Indoor Fitness and Sports N N N N N N C C C C N C N C C C N N N N N N Facility-Large Indoor Fitness and Sports N N N N N N P P P P N C N P C C N N N N N N Facility-Small — Library and C C C C C C P P P P N P N P C N N N C6 C C6 C6 Museum — Outdoor Commercial N N N N N N C C C C N N C C C C N N N N N N Recreation Park and Public P P P P P P P N N N N N N N N N N N P P P P Plaza — Public Safety Facility C C C C C C C C C C C C C C C C C C N C N N — Resource- Related P P P P P P P N N N N N N N N N N N P P P P Recreation — School, Academic C C C C C C C C C C C C C C C C N N N C N N (Private) — School, Academic P P P P P p P p P TPP P P P P p N N N P N N (Public) — 9 P109 Revisions to Rancho Cucamonga Public Draft Development Code Land.:': r ' a 'U yUse2omn 9 O _ ,N1 D '=LL Z U Ua 2, -,District _ School, College/ University C C C C C C C C C C C C C C C C N N N C N N (Private) School, College/ University C C C C C C C C C C C C C C C C N N N C N N (Public) Schools, Specialized N N Education and N N N N C C C C C C C C C C N N N N N N — Training/Studio Theaters and N N N N N N C N N C N N P N N N N N N N N N Auditoriums — Tutoring Center- N N N N N N C C C C $�C C C N N N N N N N N Large Tutoring Center- N N N N N N P P P P Small P P N N N N N N N N — t7tihty -iransportat�on„Public Facility and Communication Uses j Broadcasting and Recording N N N N N N N P N P N N N P P P N N N N N N Studios Park and Ride N N N N N N N C Facility C C N N N N P P N N N N N N — Parking Facility N N N N N N P P N P C N C P C C C C N N C C Transit Facility N N N N N N N N N N N N N N c C C C N N N N Utility Facility and Infrastructure— N N N N N N N Fixed Based N N N N N N N C C C C C N C C — Structures(5) Utility Facility and Infrastructure— P P P P P P P P P P P P P P P p p p p p p p Pipelines (5 Retad,.Service, and Office Uses k - Adult Day Care N N N N N N C C C C N N N C C C N N N N N N Facility — Adult-Oriented Business (6) N N N N N N N N N N N N N N A A A A N N N N Alcoholic N N N N N N C N C C C C C C C C N N N N N N Beverage Sales — Ambulance N N N N N N N C C C N N N N N C P P N N N N Service — Animal Sales and N N N N N N P N P P N P N N N N N N N N N N Grooming — 10 Pilo Revisions to Rancho Cucamonga Public Draft Development Code .UselZonrng* ' f>' �:^M 2 MM 0 2z ;C� YU� ,rW, a�' �I aY U 2 y it U3 U 0 S,.a Distnctir r; ; Art, S lectable Antique, Colhop N N N N N N N P N P P P P P N N N N N N N N — Artisan Shop N N N N N N P N P P P P P N N N N N N N N N Bail Bonds N N N N N N N N N N N N N N N N N C N N N N Banks and Financial N N N N N N C C C TCC P P P P P N N N N N N Services Bar/Nightclub N N N N N N C C N C C C N C N N N N N N Bed and Breakfast Inn C C C N N N N N N N C # N N N N N N N N N N Building Materials Store N N N N N N N N N N N N N N N C P P N N N N and Yard — Business Support Services N N N N N N P P P P P P P P P N N N N N N Call Centers N N N N N N N N N N N N I N I N C C N N N I N N I N Card Room N N N N N N N N N N N N I N I N N N N N N N IN Check Cashing N N N N N N P N P P N N N N P N N N N N Business Child Day Care N N N N N N C C C C C N C C C C N N N N Facility/Center — Consignment N N N N N N C N C C N N N N N N N N N N N Store — Convenience N N N N N N P N P P N N N C C N N N N N N Store I I — Cremator N N N N N N N N N N N N N N N C N N N N N N Services — Drive-In and Drive-Through Sales and N N N N N N C C C C C N C C C C N N N N N N _ — Service 8 Equipment Sales N N N N N N N N N C N N N N N C P P N N N N and Rental — Feed and Tack N N N N N N N N P P N N N N N N—TN N N N N Store — — — — — — — — — — — — — — Furniture, Furnishing, and N N N N N N P N P P P # P N N N N N N N N N Appliance Store Garden Center/Plant TN —NINNNPNP P P N P N N P N P P N P P Nursery — 11 P111 Revisions to Rancho Cucamonga Public Draft Development Code Land . 'I se2onin J' .J x x `� a U. ,U U U+ _� OI a �' 9 > �; -District -, Grocery Store/ N N N N N N P N P P P N P N N N N N' N N N N Supermarket — Gun Sales N N N N N N N N N C N N N N N N N N N N N N Hookah Shop N N N N N N C N N C N N N N N N N N N N N N Home Improvement N N N N N N P N P P P N P N C P N N N N N N Supply Store Hotel and Motel N N N N N N P C N P N N C C P N N N N N N N Internet Cafe N N N N N N P P P P P # P P P N N N N N N N Kennel, N N N N N N N N N C C N C N C C N N N N N N Commercial — Liquor Store N N N N N N C N C C C C C N C C N N N N N N Maintenance and Repair, Small N N N N N N P N P P P N P P N P P C N N N N Equipment Establishment N N N N N N P P P P P P P P P P N N N N N N Medical Marijuana N N N N N N N N N N N N N N N N N N N N N N Dispensary Medical Services, N C C C C C C P N P P N N P P P N N N N N N Extended Care # # # Medical Services, N N N N N N P P P P N P P P P P N N N N N N General Medical Services, N N C C C C C C N C N N N N P P N N N N N N Hospitals Mobile Hot Food N N N N N N N N N N N N N N N N N N N N N N Trucks — — — — — — — — — — — — — — — — — — — — Mortuary/Funeral N N N N N N N C C C N N N N N N N N N N N N Home I — Office, Business N N N N N N P P P P P P P P P P N N N N N N and Professional W — Office, Accessory N N N N N N P P P P P P P P P P N N N N N N Pawnshop ' N N N N N N N N N C N N N N N N N N N N N N Personal N N N N N N P P P P P P P P P P N N N N N N Services — 12 P112 Revisions to Rancho Cucamonga Public Draft Development Code Land 0 4L)'- � JE =1 w 10 n Mi m I ict Restaurant, No Liquor Service N N N N N N P P P P P P P P P P N N N N N N Restaurant, Beer , and Wine Im N N N N N P P P P P P P P P P N N N N N N Restaurant, Full N N N N N N C C C C C C C C C C N N N N N Liquor Service I I Retail,Accessory N N N N N N P P P P P N P- P C -C N N N N N N Retail, General N N N N N N P N P P P P P N C C N N N N N N Retail, Warehouse Club N N N N N N P N N P P N P N P N N N N N N N Secondhand N N N N N N P N P P N N Dealer Shooting Range N N N N N N N N N N N N N N -N C N N N N N N Specialtv Food N N N N N N P N P P P P P N N N N N N N Store - - - - - I - I - - - - - - - Smoke Shop (7) N N N N N N N N N C C N C N N N N N N N N N Tattoo Shop(7) N N N N N N N N N C S N N N N N N N N N N Thrift Store(7) N N N N N C N N N N N C N N C N C- C C N C N N N N N N N N N Veterinary 9d; P P C C N N P P P N N N N Facility Auto'ino'biiWand--Vehic'leAjAi6si U Auto Vehicle N N N N N N N N N N N N Dismantling Auto and Vehicle Sales and Rental N N IN N N N N C N C N N P N C C N N N N N N Auto and Vehicle Sales, N N N N N N N P P P P N P P P N N N N N N N Autobroker Auto and Vehicle N N N N N N N P P P P N P P P Sales, Wholesale I I Auto and Vehicle N N N N N N N N N N N N N Storage Auto Parts Sales N N N N N N N N P P N N P N N N N N N N N N Car Washing and Detailing N N N N N N N C C C N N C N N N N N N N N N Recreational N N N N N N N N N N N Vehicle Storage 1 Service Stations I N N N N N N C C C P N N C C C C N N N N N N 13 P113 Revisions to Rancho Cucamonga Public Draft Development Code o� 2 2 o 2 �, ,> Ji x x ?,'Land: -District Use2onin 9 Vehicle Services, N N N N N N N N N C N N N N N C N C N N N N Major — Vehicle Services, N N N N N N N C C P Minor N N C N P P N N N N N N M — 5lndustrial,:Manufacturing :andiProcessing''Uses ` Fuel Storage and N N N N N N N N N ✓N N N N N N C C C N N N Distribution — Manufa Customcturing, N N N N N N N N N N N N N N P P N N N N N N Custom — Manufacturing, N N N N N N N N N N N N N N N N N P N N N N Heavy — Manufacturing, Heavy-Minimum N N N N N N N N N N N N N N N N P P N N N N Impact Manufacturing, N N N N N N N N N N N N N N P P N N N N N N Light — Manufacturing, Medium (B) N N N N N N N N N N N N N N P P P P N N N N Printing and Publishing N N N N N N N N N P N N N N P P N N N N N N — Recycling Facility, N N N N N N N N P P N N N N N P P P N N N N Collection — Recycling Facility, N N N N N N N N N N N N N N N C C C N N N N Processing Recycling Facility, Scrap and Dismantling N N N N N N N N N N N N N N N N N C N N N N — Facility Research and N N N N N N N N N N N N N N P P N N N N N N Development — Storage, Personal Storage N N N N N N N N N N N N N N N C C C N N N N Facility Storage Warehouse N N N N N N N N N C N N N N N C C C N N N N — Storage Yard N N N N N N N N N N N N N N N C P P N N N N Wholesale, Storage and —and N N N N N N N Distribution N N N N N N N N P P P N N N N — Heavy 14 P114 Revisions to Rancho Cucamonga Public Draft Development Code Land 3A. J J, __I)I iLl all Lu ILL) 'Use/Z6hing L) 0 iol _Z5 11 011 0' 12 �Zr .District Wholesale, Storage, and N N N N N N N N Distribution— N N N N N N P P P P N N N N Light sa hol N EN N N P P P N. Wholesale, I Storage, and N N N N N N N Distribution M ed I u rn (9) Table Notes: (1) See additional regulations for second dwelling units in Chapter 17.106, (2) See additional regulations for home occupations in Chapter 17.98. (3) See additional regulations for mobile homes in Chapter 17.102. (4) See Additional regulations for animal keeping in Chapter 17.90. (5) Utility facilities and infrastructure involving hazardous or volatile gas and/or liquid pipeline development require approval of a Conditional Use Permit. (6) See additional regulations for adult entertainment businesses in Chapter 17.68. Adult-oriented businesses are not permitted west of Haven Avenue. (7) See additional regulations for special regulated uses in Chapter 17.108. (8) See additional regulations for drive-in and drive-through facilities in Chapter 17.92. (9) Not permitted within 300 feet of residentially zoned property. Chapter 17.32 Allowed Use Descriptions Section 17.32.020 Allowed Use Descriptions B. Agriculture and Animal Related Uses 1. Agricultural Uses. This use cateaory includes farms, orchards vinevards, livestock grazina and hydroponics including on site sales of products grown on site. C. Recreation, Resource Preservation, Open Space, Education, and Public Assembly Uses 6. Convention Center. A large building designed to hold a convention, where individuals and groups gather to promote and share common interests. Convention centers typically offer sufficient floor area to accommodate several thousand attendees. Convention centers typically have at least one auditorium and may also contain concert halls lecture halls meeting rooms, and conference rooms. Some large resort area hotels include a convention center, D. Retail, Service, and Office Uses 19. Consignment Store. A retail store where goods are placed on consionment, Which is the act of placing goods in the hands of another, while still retaining ownership. until the goods are sold. 23. Feed and Tack Stores, A retail store selling animal food and eauestrian supplies. P115 Revisions to Rancho Cucamonga Public Draft Development Code 24. Home Improvement Supply Store. An establishment (retail or wholesale) that sells kitchen, bath, f FRQ,,,ShIRgTcarpeting, and other home-oriented supplies. Other retail uses are permitted if accessory to the primary use. These uses may include an expansive showroom. This use classification is a subcategory of the larger Building Materials Stores and Yards use classification and may be combined with or separate from such uses. 40. Mobile Hot Food Truck. Any vehicle as defined in &670 of the California Vehicle Code. which is equipped and used for retail sales of prepared prepackaged or unprepared unpackaged food or foodstuffs of any kind. For the purposes of this section a mobile food vehicle shall also include anv trailer or wagon equipped and used as described in this paragraph and pulled by a vehicle. 45. Personal Services. Establishments providing nonmedical services as a primary use, including, but not limited to, barber and beauty shops (including permanent makeup), weight loss clinics day spa spiritualist reading or astrology forecasting, clothing rental, dry cleaning pickup stores with limited equipment, home electronics and small appliance repair, Laundromats (self- service laundries), shoe repair shops, and tailors. These uses may also include accessory retail sales of products related to the services provided. This use classification does not include massage or tattoo establishments, which are separately classified herein. 46. Restaurant. A retail business selling food and beverages prepared and/or served on the site, for on- or off-premise consumption. Includes eating establishments where customers are served from a walk-up ordering counter for either on- or off-premise consumption and establishments where most customers are served food at tables for on-premise consumption, but may include providing food for take-out. Also includes coffee houses and accessory cafeterias as part of office and industrial uses. Restaurants are divided into four categories as follows: i. Restaurant Sit Bewa, No Liquor Service. Restaurants that do not serve liquor, including fast food establishments. ii. Restaurant Sit OewR, Beer and Wine. Restaurants with liquor services limited to beer and wine for on-site consumption. iii. Restaurant Rit 9ewR, Full Liquor Service. Restaurants with a full range of liquor service, including beer, wine, and distilled spirits, all for on-site consumption. 47. Retail, General. Stores and shops selling single and multiple lines of merchandise. These stores and lines of merchandise include, but are not limited to, bakeries (all production in support of on-site sales), clothing and accessories, collectibles, department stores, drug and discount stores, dry goods, fabrics and sewing supplies, florists and houseplant stores (indoor sales, only; outdoor sales are plant nurseries and included in the definition of Garden Center/Plant Nursery), fupniture, harRe c r rhin a general stores, gift shops, hardware, hobby materials, musical instruments, 16 P116 Revisions to Rancho Cucamonga Public Draft Development Code parts and accessories, newsstands, pet supplies specialty shops, sporting goods and equipment, stationery, and variety stores. 52. Specialty Food Store A store selling specialty food ingredients which typically preserve, texture emulsify colour help orocessino and in some cases add an extra health dimension to produced food Chapter 17.34 General Development Standards Section 17.34.040 Setback Requirements and Exceptions B. Front Yards. Generally, the front yard setback is determined by the front lot line, which is the lot line paralleling the street. However, for flag lots and other irregularly shaped parcels, the front lot line is determined to be the narrowest portion of the lot. For flag lots, this excludes the narrow portion of the lot that represents the "pole". See Fiaure 17.34.040-1 (Front Yard Setback Measurement for Irregular Lots). Figure 17.34.040B Front Yard Setback Measurement for Irregular Lots -Front Lot Line- 1,\ .t FRONTYARD SETBACK Narrowest Portio \ '� of the Lot I Front Lot Line- Narrowest Portion of the Lot Street Street Flag Lot Irregular Lot E. Allowed Encroachments or Projections Into Required Yards. In addition to the structures listed in Section 17.42 (Accessory Structures) and Section 17.50 (Fences, Walls, and Screening), the following structures and architectural features attached to the main building may project into the required yards: 1. Residential Encroachments ii. Re t Chimneys, bay windows, balconies, media centers, fire escapes, exterior stairs and landings, and similar architectural features may project into required yards a maximum distance of two feet (2'), provided such features shall be at least three feet (3') from a property line. 17 P117 Revisions to Rancho Cucamonga Public Draft Development Code Chapter 17.36 Development Standards by Base Zoning District Section 17.36.010 Development Standards for Residential Zoning Districts TABLE 17.36.010-1 DEVELOPMENT STANDARDS FOR RESIDENTIAL ZONING DISTRICTS Development Standard/ VL L LM M MH H Zoning District Lot Area (minimum) 20,000 sf 7.200 sf 5,000 sf 3 ac n1 3 ac('1 3 ac n1 Lot Area (minimum net avg) 22,500 sf 8,000 sf 5,000 sf 3 ac 1'1 3 ac 1'1 3 ac n1 Lot Width (minimum) 90 ft(2) 65 It IZI 50 ft i�1 n/a n/a n/a Lot Width (comer lot) 100 ft 70 ft 50 It We We n/a Lot Depth (minimum) 200 ft 10011 90 ft n/a n/a n/a Minimum Frontage 50 ft 40 ft 30 ft 100 ft 100 ft 100 ft Minimum Frontage (flag lot) 30 ft 20 ft 20 ft 50 ft 50 ft 50 ft Allowed Density(dwelling units per acre) Minimum Density (3, n/a n/a 4 du/ac 8 du/ac 14 du/ac 24 du/ac 8 du/ac 14 du/ac Maximum Density 2 du/ac 4 du/ac 1,= IL2 24 du/ac 30 du/ac Minimum Setback Front Yard(4) 42 ft(5) 37 It(51 32 ft"j 37 ft 151 n/a n/a Corner Side Yard (4) 27 ft 27 ft 22 ft 27 ft We n/a Interior Side Yard(4) 10/15 ft 5/10 ft 5/10 ft 10 ft t61 n/a n/a Rear Yard 141 60 ft 20 It 15 ft 10 ft(61 n/a n/a At Interior Site Boundary (Dwelling/Accessory NR 1"1 15/5 '6' 15/5161 15/5 16' Building) Building Height(maximum in feet)('1 Primary Buildings 35 ft 35 ft 35 ft 35 ft 161 40 ft'a' 55 ft (6' Lot Coverage (maximum lot coverage with buildings as a percentage of the parcel or project) Lot Coverage 25% 40% 50% 50% 50% 50% J=1seFAre2 Rai- b9° 3E-4 a Open Space Requirement(minimum percentage of open space per parcel or project) Private Open Space 300/150 225/150 150/100 150/100 (Ground Floor/Upper Story) sf sf sf sf i Open SpacelLandssage 65% 60% 40% 35% 35% 35% Area(Private and Common Minimum Patio/Porch Depth 6' 1141 6'(141 g' (14) 6'114) 18 i P118 Revisions to Rancho Cucamonga Public Draft Development Code LM M MH y Zoning District: ' Minimum Dwelling!Urit S¢e t91 Single-Family (attached and detached) 1,000 sf Multi-Family(1e) 550 sf Efficiency/Studio 650 sf One Bedroom 800 sf Three or More Bedrooms 950 sf Distance Between Buildings/Structures'Fronts ("l ,(minimum) 45 -15 43 45 Between buildings with no patio _ _ 30 30 30 30 or recessed patio Between patio fence/wall less _ _ 15 15 15 15 than 5 feet in height Between patio fence/wall more _ _ 20 20 20 20 than 5 feet in height - Between balconies above patio fence/wall more than 5 feet in - - 20 20 20 20 height Between a patio fence/wall and _ _ 20 20 20 20 a building wall With common patio fence/wall - - 30 30 30 30 'Other"Miscellaneous Buildiria^Setback Reauir`em'enfs"j11i(mirnmuml '� -` `_ '5 Building to one-story detached �. garage/carport or other 6-## f# 6 ft/15 ft 15 ft 15 ft 15 ft accessory structure Buildino to wall or curb at project entry 20 ft 20 ft 20 ft 20 ft Table Notes: (1) On existing lots of record,parcels less than 3 acres or less than the required minimum frontage may only be developed at the lowest end of the permitted density range. (2) Average width,which shall vary accordingly., VL-+/-10 feet L 8 LM-+/-5 feet. (3) Excluding land necessary for secondary streets and arterials and in hillside areas shall be dependent on the slope/capacity factor contained in Chapter 17.52(Hillside Development Standards). (4)Setbacks are measured between the structure and curb face in front yards and corner side yards. Setbacks are measured between the structure and property line in rear yards and interior side yards. (5)Front yard setbacks in new residential developments may be reduced by up to five feet to allow for variation in structural setbacks along the street. (6) Add 10 feet if adjacent to VL,L, or LM district. (7) In hillside areas,heights shall be limited to 30 feet. (8) Limit one story within 100 feet of VL or L district for multiple-family dwellings. (9) Senior citizen projects are exempted from this requirement. (10) To assure that smaller units are not concentrated in any one area or project, the following percentage limitations of the total number of units shall apply: 10% for efficiency/studio and 35% for one bedroom or up to 35% combined. Subject to a Conditional Use Permit, the Planning Commission may authorize a greater ratio of efficiency or one-bedroom units when a development exhibits innovative design qualities and a balanced mix of unit sizes and types. (11)Applies to buildings two stories and taller in height.Add 10 more feet for each story over two stories. 19 P119 Revisions to Rancho Cucamonga Public Draft Development Code (121 Developing multi-family in the LM district and single-family in the M district at the maximum densitv reouires compliance with Standards for Higher Residential Densities as outlined in Section 17 36 020 D (13) 'Front'is defined as the face of the building or unit with the major glass area andlor major ncreatjon area and may include access to that private recreation area This access may or may not relate to the orimary entrance to the building that iaces the street or drive some buildmas may have more than one`front" (l 4)Free and clear of obstructions F. Standards for Higher Residential Densities Table 17.36.010-2 establishes minimum development standards for higher density residential projects in the Low Medium (LM) and Medium Development Districts (M) Specifically, multi family applications in the LM district and single-family applications in the M district that propose the maximum density allowed in each respective district shall comply with the special development standards listed in Table 17.36.010-2 below. 20 P120 Revisions to Rancho Cucamonga Public Draft Development Code TABLE 1736.010-2 DEVELOPMENT STANDARDS FOR HIGHER RESIDENTIAL DENSITIES OOptionalSDevelopment:Standards/ L'M M MH H - - Zoning.DlstricY Minimum Site Area (Gross) 5 ac 5ac Sac Sac Dwellina Units Per Acre Up to 8 Uo to 14 Up to 24 Up to 30 Minimum Dwelling Unit Size Single-Family and Multi-Family See Table 17.36.010-1 Public Street Setback 42 ft Avg. 42 ft Avg. 42 ft Avg. 47ft Ava.Vary +!-5 ft Vary Vary +/-5+/_5 ft ft Vary +1-5 ft 15 ft Avg. Private Street or Driveway Setback Vary +/_ 5 5 ft 5 ft 5 ft ft Corner Side Yard loft 5 ft Interior Side Yard _ 10 ft(1)(2) Interior Site Boundary (Dwelling Unit/Accessory Building) 1515 ft 20/5 ft 11) 20/5 ft(11 20/5 ft 1') Residential Building Separations See Table 17.36.010-1 Height Limitations 35 ft 1') 35 ft Is) 40 ft(3) 55 ft(9) Private Open Space 300/150 sf 225/150 sf 150/100 150/100 sf (Ground Floor/Upper Story) sf Open Space (Private and Common) 450% 40% 40% 40% Minimum Patio/Porch Depth 6ft141"I E ft(4) E ft(4) 6 ft(4) Recreation Facility I Recuired Per Section 17.132.040 (1)Add 10 feet If adjacent to VL.L or LM district (2)Zero lot line dwellings permitted Pursuant to Section 17 36 010 D (3)Limit one story within 100 fee of VL or L District for multi-family dwelling units (4)Free and clear of obstructions. G. Special Streetscape. It is the intent of this Section to create streetscape standards for landscape. building. and parking setbacks that help to identify the function of streets and to improve the scenic quality of the community. Table 17.36.020-3 sets forth the minimum setbacks based upon street classification in the General Plan Circulation Plan These setbacks shall be required of all new developments that contain or abut any one of the street classifications listed in the table Setbacks shall be measured from the face of the ultimate curb location. 21 P121 Revisions to Rancho Cucamonga Public Draft Development Code TABLE 17.36.020-3 RESIDENTIAL STREETSCAPE SETBACK STANDARDS :Land lJse-and:Street Classification' f3uildinq ]Parking Landscape and„ ,. Setback :Setback '' Wall'Setback - Detached Single Family Residential MaiorlSpecial Boulevard 45 ft 18 ft 20 ft average 18 ft minimum Second arv/Col lector 35 ft 15 ft 18 ft average 15 ft minimum Attached Single Family Residential and Multi Family Residential MaiorlSoecial Boulevard 45 ft 30 ft 45 ft average 30 ft minimum Is Secondary/Collector 35 ft 25 ft 35 ft average 25 ft minimum is (1) On existing lots of record parcels less than 175 feet in depth need not provide a setback of landscaoino greater than 20 percent of the depth of the prooerty(excluding right of way) (2) Add 10 feet to the setback when located within M. MH and H Districts Figure 17.36.020-1 Special Streetscape Setback for Single Familv Residential 22 P122 Revisions to Rancho Cucamonga Public Draft Development Code Streetscape Setback Requirements for Major/Special Boulevards F I -A TO IIL 17 r45'Minimum L, 18'Minimum .L.20'Average/18'Minimum Building Setback Parking Setback Landscape and Wall Setback Streetscape Setback Requirements for Secondary/Collectors r Al V PIR n�fl V Z2"Z LL -V 8-= L 35'Minimum L 15'Minimum veraqe/I=Minimum7 Building Setback Parking Setback Landscape and Wall Setback 23 P123 Revisions to Rancho Cucamonga Public Draft Development Code Figure 17.36.020-2 Special Streetscape Setbacks for Multi Family Residential Streetscape Setback Requirements for Major/Special Boulevards j I \ I 45'Minimum L 30'Minimum L 45'Average/ Building Setback Parking Setback 30'Minimum Landscape and Wall Setback Streetscape Setback Requirements for Secondary/Collectors wg CZ 'S f R i j A 35'Minimum L 25'Minimum L35'Average/ Building Setback Parking Setback 25'Minimum Landscape and Wall Setback 24 P124 Revisions to Rancho Cucamonga Public Draft Development Code Section 17.36.030 Development Standards for Commercial and Office Zoning Districts H. Commercial Streetscape Setbacks. Table 17.36.030-2 sets forth the minimum setbacks for buildings and parking facilities as well as the amount of the setback to be landscaped. Setbacks apply egually to all commercial districts based upon street classification in the General Plan Circulation Plan. These setbacks shall be required of all new developments that contain or abut any one of the street classifications listed in the table. TABLE 17.36.030-2 COMMERCIAL STREETSCAPE SETBACK STANDARDS :LandlUse and Sheet Cla§sificafion;.''' l3uilding Parkm-q iLandscapeantl . 1 Setback = Setback *`i WaII:Set6ac T i 6 Street yard setback (measured from face of curb) Major/Special Boulevard 45ft 30 ft 45 ft average 30 ft minimum Secondary Collector Streets/Local Streets 35 ft 25 ft 35 ft average 25 ft minimum Rear Property Line Setback Adjacent to existing or planned residential 20 ft 10 ft 10 ft development Adjacent to other existing or planned 0 0 0 commercial or industrial development Interior Side Property Line Setback Adjacent to existing or planned residential 20 ft 10 ft loft development Adjacent to other existing or planned 5 ft 5 ft 5 ft commercial or industrial development (1) On existing lots of record parcels less than 175 feet in death need not provide a setback of landscaping greater than 20 percent of the depth of the orogerw/excluding right of wavl 25 P125 Revisions to Rancho Cucamonga Public Draft Development Code Figure 17.36.030-1 Special Commercial Streetscape Setbacks Streetscape Setback Requirements for Major/Special Boulevards 45'Minimum 30'Minimum 45'Average/30'Minimum Building Setback Parking Setback Landscape Setback fill Streetscape Setback Requirements for Secondary Collector Streets/ Local Streets 35'Minimum 25'Minimum 35'Average/25'Minimum Building Setback—, Parking Setback Landscape Setback ir Section 17.36.040 Development Standards for Industrial Districts D. Other Miscellaneous Industrial Development Standards. 5. Outdoor Eating Area Employee outdoor eating areas shall be provided as an integral part of site design. 26 P126 Revisions to Rancho Cucamonga Public Draft Development Code Chapter 17.38 Overlay Zoning Districts Section 17.38.020 Equestrian Overlay Zoning District B. District Boundaries. The @Fear listp+ hPl^•^ ^i district boundaries for the Equestrian Overlay Zoning District are Banyan Street from West City boundary to Milliken Avenue. South to CA 210 to 1 15 to the east and along the entire northern boundary fo the sphere of influence. 1. F-4iwa Rda SpeG;f'n Dl..n lil*146 and ❑GiRF0.east F. MillikR Ave a Xt di iRte FL r' i46''9^^�^ 2 Othep aFeas as RdiGate d nn the ZeRiRq Ma by the F the Fefe Fe RGS letter(s) wVni'fi,' ii. base r1' t F ........ .,��..� v��...y crn�cncn.�r�mvc Section 17.38.040 Haven Overlay Zoning District TABLE 17.38.040-1 ALLOWED LAND USES AND PERMIT REQUIREMENTS FOR HAVEN AVENUE OVERLAY ZONING DISTRICT Cand?Use2onmgZistrict =Hli a l Recreation, Resource Preseniation,�Open Space;Education;andaPubic Assembly Uses Assembly Use C Community Center/Civic Use P Indoor Fitness and Sports Facility-Large C Indoor Fitness and Sports Facility -Small C Park and Public Plaza C Public Safety Facility C School, Academic (Private) C School, Academic(Public) C School, College/University (Private) C School, College/University (Public) C Schools, Specialized Education and Training/Studio C Utility,Transpoitation, PubliciFacility,and Communicat ontUse's ^ Broadcasting and Recording Studios P Park and Ride Facility P Parking Facility C Transit Facility C Utility Facility and Infrastructure—Pipelines 'I P 27 P127 Revisions to Rancho Cucamonga Public Draft Development Code ' Land Usd/Zonin 9 District HA'r . .`; Retail;Service,.and Office Uses r.'= Alcoholic Beverage Sales C Banks and Financial Services P Business Support Services P Call Centers C Child Day Care Facility/Center C Convenience Store C Furniture, Furnishing, and Appliance Store C Hotel and Motel P Massage Establishment P Medical Services. General P Office, Business and Professional P Office, Accessory P Restaurant, No Liquor Service P Restaurant, Beer and Wine P Restaurant, Full Liquor Service C utomobile and Vehicle Uses "a ks ) Car Washing and Detailing C Service Stations (2).(3) C Table Notes: (1) Utility facilities and infrastructure involving hazardous or volatile gas and/or liquid pipeline development require approval of a Conditional Use Permit. (2) Service Stations are prohibited within 800 feet of the Foothill Boulevard/Haven Avenue and the a Street/Haven Avenue intersections. No service station shall be closer than Y:mile of another Service Station as measured from the nearest property line. (3) Service Stations shall be designed to reflect the architectural standards and guidelines within the Haven Avenue Overlay District. No corporate "prototype"architecture design will be permitted. Service stations are only permitted when designed as part of,and designed consistent with,profession office complexes. Section 17.38.050 444-Stseetlndustrial Commercial Overlay Zoning District C. Purpose. The purpose of the 4th Industrial Commercial Overlay District is to establish unique allowed use provisions and project compatibility requirements for a fiaeY ChOg 4" StFeRt behYPeR nteF-1#;;tP 15 ARd Milli areas of the City where both industrial park and retail development where are compatible. D. Applicability. The 0-9treetlndustrial Commercial Overlay Zoning District applies to property designated on the Zoning Map by reference letters "IC4-9" after the reference letter(s) identifying the base zoning district. E. Allowed Use. Allowed uses for the 4 -,S#eetlndustrial Commercial Overlay Zoning District are listed below in Table 17.38.050-1 (Allowed Land Uses and Permit Requirements for e-S#eetlndustrial Commercial Overlay Zoning District). Generally, 28 P128 Revisions to Rancho Cucamonga Public Draft Development Code a use is either allowed by right, allowed through issuance of a conditional use permit, or not permitted. In the table below, a land use shown with a "P" indicates that the land use is permitted by right in the designated zoning district, subject to compliance with all applicable provisions of this Title (e.g., development standards) as well state and federal law. Additionally, a land use shown with a "C" indicates that the land use is permitted in the designated zoning district upon issuance of a Conditional Use Permit from the designated approving authority, subject to compliance with all applicable provisions of this Zoning Code (e.g., development standards) as well as state and federal law. Uses not listed in the table are not permitted. In the event of a conflict between the allowed uses for this district and the allowed uses of the underlying base zoning district, the allowed uses for this district shall apply. TABLE 17.38.050-1 ALLOWED LAND USES AND PERMIT REQUIREMENTS FOR eSTREEFINDUSTRIAL COMMERCIAL OVERLAY ZONING DISTRICT f Y; Liiid°Us6/Zonind'Distri6t 17 L" :Residential Uses ._- Caretaker Housing C Emergency Shelter C Group Residential C Recreation, Resource Preservatlon,:Operi Space,iEducation, andFP.utilic'Assem6ly Uses Assembly Use Community Center/Civic Use P Indoor Amusement/Entertainment Facility C Indoor Fitness and Sports Facility-Large C Indoor Fitness and Sports Facility- Small C Library and Museum C Outdoor Commercial Recreation C Public Safety Facility C School, Academic (Private) C School, Academic (Public) P School, College/University(Private) C School, College/University(Public) C Schools, Specialized Education and Training/Studio C Theaters and Auditoriums C Tutoring Center- Large C Tutoring Center- Small P al9tlhty Transportation Putilic'fFacrlity;and Commumcatlon'Uses Broadcasting and Recording Studios P Park and Ride Facility C Parking Facility P Utility Facility and Infrastructure—Pipelines I'I P Retail senirce and 0ffice.'Uses 29 P129 Revisions to Rancho Cucamonga Public Draft Development Code LandiUse/Zoning=District 4SIC Adult Day Care Facility C Alcoholic Beverage Sales C Ambulance Service C Animal Sales and Grooming p Art,Antique, Collectable Shop P Artisan Shop P Banks and Financial Services P Bar/Nightclub C Business Support Services P Call Centers C Check Cashing Business(2) P Child Day Care Facility/Center C Consignment Store C Convenience Store C Drive-In and Drive-Through Sales and Service (3) C Equipment Sales and Rental C Furniture, Furnishing, and Appliance Store P Garden Center/Plant Nursery p Grocery Store/Supermarket P Gun Sales C Hookah Shop C Home Improvement Supply Store C Hotel and Motel P Internet Cafe P Kennel, Commercial C Liquor Store C Maintenance and Repair, Small Equipment P Massage Establishment P Medical Services, General p Medical Services, Hospitals C Mortuary/Funeral Home C Office, Business and Professional p Office,Accessory p Pawnshop (2) C Personal Services P Restaurant, No Liquor Service p Restaurant, Beer and Wine P Restaurant, Full Liquor Service C Retail,Accessory P 30 P130 Revisions to Rancho Cucamonga Public Draft Development Code dLand;Use/Zoning District Retail, General P Retail, Warehouse Club P Secondhand Dealer P Smoke Shop(2) C Tattoo Shop R1 C Thrift Store(E) C Veterinary Facility P Automobile.and-Vehicle:Uses Auto and Vehicle Sales and Rental C Auto and Vehicle Sales, Autobroker P Auto and Vehicle Sales, Wholesale P Auto Parts Sales P Car Washing and Detailing C Service Stations C Vehicle Services, Major C Vehicle Services, Minor P Industrial;IManufactunng and:`Processing'Uses ; t . Printing and Publishing P Recycling Facility, Collection P Storage Warehouse C Table Notes: (1) Utility facilities and infrastructure involving hazardous or volatile gas and/or liquid pipeline development require approval of a Conditional Use Permit. (2) See additional regulations for special regulated uses in Chapter 17.108. (3) See additional regulations for drive-in and drive-through facilities in Chapter 17.92. F. Project Compatibility. Retail development within the 0-9#eetlndustnal Commercial Overlay Zoning District shall be compatible with adjacent existing and intended Industrial Park and General Industrial development through proper site planning, building design, and landscaping. As such, a Master Plan is required consistent with Chapter 17.22. 31 P131 Revisions to Rancho Cucamonga Public Draft Development Code Article IV Site Development Provisions Chapter 17.42 Accessory Structures FIGURE 17.42.040-1 SETBACK MEASUREMENTS FOR ACCESSORY STRUCTURES Front Property Line �7 Front Property Line Front Property Line -_—_Front Yard ! �-_ -(Front Yard �_-- Front Yard J(V Setback n i J w I ` 1Setback 1Setback 2 it r v w T J W N . 6 I L Primary >'l a, o I a [:Building rimary �I v p a Primary � y Building o n . u c c . 8uildin } I c o a a -vo a o GI uol v �I c n✓ v, "' o a N 30%Max �' •---�-30'k Max Rear Yard Lot Rear Yard Lot I Coverage L_c _` � Coverage _tv-__J Rear Property Line Rear Property Line Rear Property Line Solid Roof Structure Solid Roof Structure, Open Roof Structure Maximum 6'Tall r Front Property Line rr— Front Property Line ! Front Yard ! (•Front Yartl (Setback N. c o o Primary v c I z Primary z a > 8uildmg o a y ; > Building d �• a a a v c vl O 'd v,I a A - a � y 30%Max Rear Yard Lot Coverage Rear Property Une Rear Property Line Water Feature Pools/Spas 32 P132 Revisions to Rancho Cucamonga Public Draft Development Code TABLE 17.42.040-1 DEVELOPMENT STANDARDS FOR ACCESSORY STRUCTURES "Mmimumsetback,Distance maximum -Accessory fromproperty`Line orOther_'Structures rY Rear Yard .NWbdrnum Structure(Type) Street, (Prima Lot Height sFront Rear, Side Primary Side Yard tBuiiding Coverage Solid Roof Not 5 ft.(') ft.(') permitted ��> 30%o required 16 ft. Structure permitted 2) f yard area Open Roof Not 5 ft. 5 ft.0 Not n�s�) n/a(8') 16 ft. Structure permitted Features minNmum 3 ft. 5 ft. pe Not tted minimum n/a 16 ft. Pools/spas Not 5 ft.L°4) 5 ft.LU) Not No 30% required 5 ft permitted permitted minimum yard area Pool Accessories Not 5 ft. 5 ft. Not No 30% required n!a permitted permitted minimum yard area Play Equipment pemitted 5 ft. 5 ft. permitted minimum n/a n/a Deck/Patio pe mated 5 ft. 5 ft. pe mitted minNmum n/a n/a Outdoor Entertainment pemitted 5 ft. 5 ft. permitted minNmum n/a n/a Features Temporary, Portable Shade Not 5 ft. 5 ft. Not t1),�sa) 30% required 10 ft. Structures permitted permitted yard area (1) Accessory buildings not exceeding 6 feet in height at the highest point may be built to the side and/or rear property line, provided that the accessory structure meets minimum building code requirements for distance between the accessory structure frerq-and the primary building. (2) The 5 foot side yard setback requirement for solid and open roof structures applies when the structure is located within the rear yard setback area. Otherwise the same side yard setbacks as the pr'mary structure aoply(See Figure 17.42.040-2). (32) For reverse corner lots,the street side yard setback shall be the same as the front yard setback for the adjacent key lot. (43) Accessory Structures with solid roofs that are less than 6 feet tall and 120 square feet in area can be located in the street side yard. (5) No minimum setback required. Accessory buildings may be attached to and have a common wall with the main building or, when located as required by this chapter,may be connected to the main building by a breezeway. (64) Measurement from water's edge. Related equipment shall be set back a minimum of 5 feet from all side and rear property lines. (75) Accessory structure shall not exceed the overall lot coverage limitation for the property(see Chapter 17.36). (66) Trellis type and open roof structures are exempt from lot coverage calculations. 33 P133 Revisions to Rancho Cucamonga Public Draft Development Code Figure17.42.040-2 Special Setbacks for Accessory Structures in Rear Yards I— Front Property Line Buildable Area v v TI I. Buildable Area Within the Rear Yard Setback Area dPrimary a 9; Building �z r IN Solid and Open Roof Structures Located Outside of the RearYard Setback Area are Required to Maintain the Same Side Yard Setback as the Primary Structure. T—Solid and Open Roof Structures Located L---------� Within the RearYard Setback Area are Rear Property Line Required to Maintain a 5'Side Yard Setback. Chapter 17.48 Fences, Walls, and Screening FIGURE 17.48.030-2 MEASUREMENT OFFENCE AND WALL HEIGHT ON PARCELS WITH DIFFERENT ELEVATIONS t i Fence Measure f It from mid point of retaining ° wall height from NMLdower grade Chapter 17.50 Green Building Section 17.50.020 Applicability C. All municipal projects undertaken by the City of Rancho Cucamonga, shall: 2. For all buildinas over 7.500 square feet implemeRt all of the Tier 1 provisions of the CalGreen Building Code shall be implemented or achieve 100 points shall be achieved based on the optional provisions of the "City of Rancho Cucamonga, Green Building Code Compliance Matrix (Non-residential)." 34 P134 Revisions to Rancho Cucamonga Public Draft Development Code Section 17.50.030 Incentives B. RC Green 200. All buildings achieving CalGreen Tier 2 or 200 points or more on the relevant Green Building Code Compliance Matrix as maintained by the Planning Director shall be eligible for: 4. Reduction in the—one site development standards or architectural design requirements, including but not limited to: Chapter 17.54 Uses in Historic Structures A. Purpose. Existing historical landmarks and focal points which have been recognized by the City as havina historical significance are encouraged to be enhanced through physical improvements The purpose of this Chapter is to identify allowed uses for historic structures in residential districts See additional regulations for historic resources can be found in Chapter 1718 (Historic Preservation Commission Decisions). B. Allowed Uses. Historical structures within a residential district may be used for uses other than residential with approval of a Conditional Use Permit based upon the following criteria: 1. Proposed use shall not cause intensification or disruption to any adjacent uses or neighborhood. 2. The uses shall be limited to small scale uses such as but not limited to boarding house, bed and breakfast minor offices boutique antique shop bookstore or florist. 3. The site and structure shall be fully improved to include such things as but not limited to, landscaping parking new exterior building materials (roofing siding. painting) walls or fences street improvements drainage facilities etc Chapter 17.58 Landscape Standards Section 17.58.040 Landscape Plan Review Process A. Landscaping Plans Subject to Review. When the requirements of this Chapter are applicable as established in Section 17.58.020 (Applicability), the following landscape plan review process shall be conducted in conjunction with design review for the proposed action, pursuant to the requirements of Section 17.16.140 (Design Review). 5. Approving Authority. The designated approving authority shall be the same as the designated approving authority of the entitlement for new projects or existing development as identified in Section 17.58.020 (Applicability). For projects in the wildland-urban interface area the Fire Chief is an additional approving authority. 35 P135 Revisions to Rancho Cucamonga Public Draft Development Code Section 17.58.050 General Landscape Development Standards B. Plant Type. Landscape planting shall emphasize drought-tolerant and native species (especially along natural, open space areas), shall complement the architectural design of structures on the site, and shall be suitable for the soil and climatic conditions specific to the site. In the wildland-urban interface fire area. olanting shall emphasize wildfire hazard reduction. 4. In the wildland-urban interface fire area. plant types shall not include those identified as fire prone or those tvpes that are specifically prohibited by the Fire District. C. Planting Size, Spacing, and Planter Widths. In order to achieve an immediate effect of a landscape installation and to allow sustained growth of planting materials, minimum plant material sizes, plant spacing, and minimum planter widths (inside measurements) are as follows: 4. In the wildland-urban interface fire area. size. spacing. clustering and arrangement shall conform to Fire District requirements. Section 17.58.060 Special Landscape Requirements In addition to the general requirements of Section 17.58.050 (General Landscape Development Standards), the fellewiag requirements listed below apply to the special types of landscaping_ However, in the wildland-urban interface fire area. the Fire District requirements preclude the application of these special types of landscaping. ^° h^I M. Parking Lot Landscape. Parking lot landscape includes perimeter planters, abutting parking lots and drive aisles, tree planting for parking lot shade, and a combination of continuous planting strips, planting fingers, and parking islands throughout the parking lot. Parking lot landscape requirements applicable to parking lots commercial, industrial, Mixed-Use, and multi-family parking lots with five (5) or more spaces are listed below: 3. Each unenclosed parking facility shall provide a perimeter landscaped strip at least six—five feet (56') wide (inside dimension) where the facility adjoins a side or rear property line. The perimeter landscaped strip may include any landscaped yard or landscaped area otherwise required and shall be continuous, except for required access to the site or parking facility. 36 P136 Revisions to Rancho Cucamonga Public Draft Development Code Figure 17.58.060-2 Parking Lot Planter Design / 90 SO Minimum Planter 6. / Along Side of Stall s• I i 6' OR JjL'�-f 25 SQ FT.Minimum Planter Along Per Stall Front Section 17.58.070 Additional Requirements for Residential Areas A. Front Yard Landscaping. Where required in Table 17.58.070-1 for new development (Trees Required in Residential Zones), front yard landscaping shall include, at a minimum, one fifteen (15) gallon size tree, one five (5) gallon size tree, seeded ground cover, and a permanent irrigation system to be installed by the developer prior to occupancy. This requirement shall be in addition to required street trees. C. Trees Required. Table 17.58.070-1 (Trees Required in Residential Zones) sets forth minimum standards for the number and size of trees, both on- and off-site for new development. Chapter 17.62 Outdoor Sales, Storage, Display and Seating Section 17.62.030 Development, Operation, and Maintenance B. Standards for Outdoor Display and Sales. The following development standards shall apply to all permanent and temporary outdoor display and sales activities: 1. Associated with the Primary Use. All outdoor display and sales activities shall be associated with the primary use of the property. Only those goods and services associated with the primary use may be stored, sold, or displayed. All outdoor display and sales activities that are independent of the primary use shall be considered their own primary use and regulated as such4e-E,�, 7. No item shall be displayed in a manner that: causes a safety hazard; obstructs the entrance to any building; interferes with, or impedes the flow of, pedestrian or vehicle traffic. obstructs in part or in whole an emergency vehicle/fire access lane; is unsightly or creates any other condition that is detrimental to the appearance of the premises or any surrounding property; 37 P137 Revisions to Rancho Cucamonga Public Draft Development Code or in any other manner is detrimental to the public health, safety, or welfare or causes a public nuisance. Chapter 17.68 Parking and Loading Section 17.68.020 Applicability The regulations contained in this Chapter shall apply to the construction, change, or expansion of a use or structure and shall require that adequate parking spaces, loading areas, and bicycle parking areas are permanently provided and maintained for the benefit of residents, employees, customers, and visitors, within or outside of buildings or in a combination of both, in accordance with the requirements listed in this Chapter. These requirements shall be in addition to any other development requirements contained elsewhere within the Zoning Code (e.g., landscaping). Off-street parking and loading requirements of this Chapter shall be recalculated as listed below. E3. ., Use. Wh E?n the Use of aR , h 'i.+i.. St. + pi:emises h a 9. Change of BssepaNSy 'A'he lisepse is requiFed, additeRai mnre than te„ pepsent (10%) 'n the . Cl RUFAb� of park r.,...,.... � . ,,,� . may.. .. Section 17.68.050 Number of Parking Spaces Required TABLE 17.68.050-1 PARKING REQUIREMENTS By LAND USE �_. . Use Spaces ` " Notes Residential ' Single-family detached dwellings 2 per unit 2 in garage Multi-family development(condominium, townhome, etc.) semi-detached single-family (zero lot line, patio homes, duplexes, etc.) and mobile home parks. (') - Studio 13 per unit 1 in garage or carport - One bedroom 1.5 per unit 1 in garage or carport - Two bedrooms 2 per unit 1 in garage or carport - Three bedrooms 2 per unit 2 in garage or carport - Four or more bedrooms 3-2_5 per unit 2 in garage or carport - Visitor(additional required) 1 per 3 units Commercial, Service.:and,Office Uses Shopping Centers Less than 25,000 square feet Varies See individual uses 38 P138 Revisions to Rancho Cucamonga Public Draft Development Code Use. Spaces Notes 25,000 to 599,000 square feet 5 per 1,000 sf Centers built prior to 1988 4.5/1,000 5.5 per 1,0 sf or Centers built prior to 1988 require - 599,000 to 1,000,000 square feet a Parking Study 4,5/1,000 may be provided Food service (if over 15% of GLA121) +1 per 100 sf Additional applied to floor area of food service use Cinemas in centers less than 100,000 square feet(occupying less than 10% +3 per 100 seats of GLA(21) - Cinemas in centers of 100,000 to 200,000 square feet, additional +3 per 100 parking only required after the first 750 seats Offices(if over 10%of GLA)2 — Parking study required Shopping Center over 1,000,000 square feet Parking study required Carwash and detail (full service) 16 stalls Carwash (self service and drive thru) 2.5 per wash bay Service/gas station 3.0 per 1,000 sf+2 per service bay Barber shops/beauty parlors Park at retail Laundromats and/or dry cleaners park at retail Offices, financial institutions, retail stores 4 per 1,000 sf Commercial storage yards (e.g., 6 spaces Separated from enclosed storage contractors, salvage) area Includes area of open area devoted Lumber yard 4 per 1,000 sf to display of lumber and other products Mortuaries and funeral homes 1 per 35 sf Applies only to the assembly room floor area Motels and hotels 1 per unit+ 2 2 additional spaces for manager Customer parking (additional Vehicle sales, repair, service 2.5 per 1,000 sf spaces needed for vehicle storage related to business operations) Furniture and appliance stores 2 per 1,000 sf Day cares/pre-schools 1 per employee + 1 r(2 er 5 children Public utilities uses per 2 employees Storage for utility-owned vehicles minimum) must also be provided for CommerciabRecreation:Uses='" 39 P139 Revisions to Rancho Cucamonga Public Draft Development Code ---" -Use soaces Notes, + Bowling alleys and/or billiard halls 5 per alley and/or 2 per table Stables 1 per 5 horses Driving ranges 1 per tee Additional parking required for related uses on site Golf courses 6 per hole Additional parking required for related uses on site Miniature golf course 3 per hole Additional parking required for related uses on site Skating rinks 5 per 1,000 sf Includes related uses and all indoor and outdoor"active" areas Swimming pool (commercial) 5 per 1,000 sf Included related uses and all indoor and outdoor"active"areas, Tennis, handball, and racquetball facilities 3 per court Additional parking required for related uses on site Health clubs and other fitness related facilities 5 per 1,000 sf ,EducationaLUsesk Elementary and junior high schools 2 per classroom Senior high school 1 per employee + 1 per 6 students Colleges, universities 1 per 2 employees + 1 per 3 students Commercial schools (trade, business 1 per student+ 1 colleges, etc.) per faculty Wledical/Health Uses ' p _ _.. .. _ , Dentist, medical, veterinary offices/clinics 5 per 1,000 sf Congregate care facilities (e.g., nursing, 1 per 4 beds Based on resident capacity children's, sanitariums) P y Hospitals 1.75 per bed places ofe ssembly Restaurants and lounges 10 per 1,000 sf Fast-food restaurant 10 per 1,000 sf 1 per 3 seats or 1 Auditoriums, sports arenas, stadiums per 35 sf of seating area Movie theaters Single Screen 1 per 3 seats Multi-Screen 1 per 4 seats 40 P140 Revisions to Rancho Cucamonga Public Draft Development Code "Use .Spaces --Notes , 1 per 3 seats or 1 1.5 linear feet on a bench is Other laces of assembly e. churches equivalent to 1 seat. Schedule of p y ( g., ) per 35 iu of main activities and/or Parking study may auditorium be required. 'Industrial,Warehousing, and Manufacturing 1 per 1,000 sf for first 20.000 st 1 Warehouse/storage per 2.000 sf for the next 20.000 sf: and 1 per 4.000 sf for the remaining sf Industrial/manufacturing 2 per 1,000 sf Research and development 3 per 1,000 sf Office and administration 4 per 1,000 sf Multi-tenant buildings (office less than 35% GLAt21) 2.5 per 1,000 sf Indoor wholesale/retail commercial 4 per 1,000 sf (1) Fifty percent (509/0) of the total required covered spaces shall be within enclosed garage structures. The use of carports requires approval from the Design Review Committee. (2) GLA is Gross Leasable Area Section 17.68.060 Reductions in Parking Requirements C. Other Parking Reductions. Required parking for any use except a single-family dwelling, second dwelling unit, or two-family dwelling may be reduced through approval of a Minor Exception or a Conditional Use Permit by the Planning Q;mmissiAnDirector. 1. Criteria for Approval. The Planning Saraanissiee—Director will only grant a Conditional Use Permit for reduced parking if it finds that the project meets all of the Conditional Use Permit criteria in Section 17.18.020 (Conditional Use Permits) and that three or more of the circumstances listed below are true. Section 17.68.110 Electric Vehicle Parking Requirements The following requirements apply to electric vehicle parking facilities All charging facilities shall be approved through the Plan Check /Zoning Clearance process A. Electric Vehicle Charging. When provided electric vehicle charging stations shall meet the requirements of the California Electrical Code B. Designated Spaces. Outdoor chargina of electric vehicle shall only occur in designated electric vehicle spaces according to the followina 1. Electricity shall only be provided from outdoor electrical outlets installed according to the California Electrical Code 41 P141 Revisions to Rancho Cucamonga Public Draft Development Code 2. Electric cords shall not cross vehicular or Dedestrian pathways 3. When installed in common parking areas (e.q. surface parkino lots garages etc.) the spaces shall be restricted to electric vehicles charging only and identified with signaae and pavement markings C. Electric Vehicles in Single Familv Residential When installed electric vehicle charging in single family residential areas shall be located as follows' 1. Within a garage or carport 2. Outside of setback area: or 3. If within a setback area screened from view of the public right-of-way with landscaping or fencina. Chapter 17.74 Sidewalks and Trails Section 17.74.030 On-Site Pedestrian Pathways The pedestrian path system shall be designed to provide the pedestrian safe passage throughout the project area. Adherence to all of the following provisions will create maximum safe connectivity for pedestrians: G. Perimeter pathways around each building in nonresidential districts, with the following requirements: 2. Building perimeter pathways Arf a MiRiFRI IFR RiX Feet (6') ' 4tI4shall comply with ADA requirements as outlined in the Building Code. Chapter 17.78 Sign Regulations for Private Property Section 17.78.080 Allowed Permanent On-Site Sign Standards TABLE 17.78.080-1 SIGNAGE STANDARDS FOR PERMANENT ON-SITE SIGNS q Dveloment s I'I = y ` + e p Standard .. Sign Type „ h; Maximume'Number Mexiirium Maximum Permitted Area :Height .... .' _Resident al'Zomng=°Distncts _ 1 •'; YF " Institution Wall Sign 1 sign per establishment 20 sf Roofline Monument Sign 1 sign per establishment 24 sf 6' Roofline or 20', Multi-Family Wall Sign 1 sign per street whichever is Complex, <12 frontage, maximum 2 12 sf less units signs Monument Sign 6' 42 P142 Revisions to Rancho Cucamonga Public Draft Development Code Development Standards'!' _ "Sign_7ype Naximuma+Number ' "Maximum , xMaximum ; € :Permitted " Area : Heighf Roofline or 20', Multi-Family Wall Sign 1 sign per street whichever is Complex, >12 frontage, maximum 2 24 sf less units signs Monument Sign 61 Permanent Wall Sign 6� Subdivision 2 signs per development 24 sf Identification Sign Monument Sign 4' School Wall Sign 1 per use 20 sf Roofline Monument Sign 1 per use 50 sf 20' sCommercial,Office,`;andMixed-Use:ZoningEDistricts 1 wall sign - Max 3 Roofline or 20', Wall Sign per building 2 sf:1 If, max whichever is face, max 3 tottals 150 sf less Establishments Not in a Multi- 1 monument between Tenant Center Monument Sign sign per both 24 sf 8' street, max 2 types Pedestrian Traffic 1 per establishment 6 sf 12' Sign Wall Sign, 1 sign per establishment 2 sf:1 If, max Primary per building face, max 3 150 sf per Roofline or 20', Establishment establishment whichever is Retail Wall Sign, Sub- 1 sign per sub- less Establishments in Establishment establishment, max 2 75 sq. ft. total a Multi-Tenant Center Monument(') 1 sign per street 24 sf(z) 8' frontage Pedestrian Traffic Sign 1 per establishment 6 sf 12' Retail Wall Signs 6 signs total (maximum 4 1:1 sf to lineal Cannot proiect Establishments sions per building face) frontage ratio above wall plane Over 100.000 Monument Signs 1 per street frontage 48 sf 8' Square Feet (Free-Standing 1 sign per sub and within Multi- Wall Sign: Sub establishment (maximum 75 sf(total of 3 Cannot project Tenant Centers) Establishment 3 sub-establishment signs above wall plane signs 1 sign per establishment 2 sf:1 If, max Office Wall Sign per building face, max 2 50 sf per Roofine establishment Establishments in a Multi-Tenant (Monument Sign 1 sign per street 24 sf 8' Center frontage Pedestrian Traffic 1 per establishment 6 sf 12' Sign 43 P143 Revisions to Rancho Cucamonga Public Draft Development Code Development:Standards° sign'T"ype m'N _ !Maximuumber - .Maximurn mum _ Maximum . Permitted Area Height Project Identification 1 sign per street Sign, All Wall Sign frontage, max 2 24 sf 6' Development Types 9ndustrial Zoning:Districts 1 sign per establishment 2 sf:1 If, max All Wall Sign per building face, max 2 150 sf per Roofline Establishments establishment Monument Sign 1 sign per street s) frontage(2) 24 sf 8' Table Notes: - (1) On multi-tenant monument signs, the name of the center shall not be calculated in the maximum sign area. Rather,the name of the center shall have a separate maximum sign area of 8 square feet.All tenant signs shall have a minimum letter height of 8 inches. The maximum number of tenants is four on each sign face. The two sign faces of a monument sign are not required to be identical in terms of tenant identification. (2) May be increased to 2 per street frontage when signs are spaced a minimum of 300 feet apart.Alternatively, the maximum area may be increased to 48 square feet when the site frontage is longer than 500 feet. In no case may these two allowances be combined. (3) Signage required according to the Fire District's standards for multi-family and commercial industrial facilities are exempt from the limits established by this table. Section 17.78.090 Allowed Temporary On-Site Sign Standards TABLE 17.78.090-1 ALLOWED TEMPORARY ON-SITE SIGN STANDARDS Development Standards M Sign Type m Maximu 'Mmtmum `1} aximm ;Number Maximum Area mu r; Permitted_ Height ROV111'�. On-Site Subdivision Signs 1 sign per street 32 sf per side, General Signs frontage of the max 2 sides (64 15' 5' project t boundary the sf total) Flags 6 flags 15 sf per flag 15' 5' All Other Uses(2) Wall 1 sign per L Roofline 5' establishment 50 sf Ground Sign g' S' Flags 1 flag 15 sf per flag 15" 5" Table Notes: (1) Must be located outside of the clear visibility triangle. (2) Choice clone sign type ate time. (3) Temporary sans for special events in conjunction with an approved Temporary Use Permit are limited to a maximum of 25 square feet and require property owner approval. 44 P144 Revisions to Rancho Cucamonga Public Draft Development Code Chapter 17.84 Tree Preservation Section 17.84.040 Tree Replacement Policy Where existing eucalyptus windrows are to be removed, they shall be replaced with Eucalyptus maculata (spotted gum). -Eucalyptus nrcholii or other Eucalyptus species as approved by the Planning Director along the established grid pattern in fifteen (15) gallon size minimum spaced at eight feet (8') on center and properly staked, unless otherwise specified by a Specific Plan or Community Plan or the Fire Code. Section 17.84.060 Tree Maintenance D. To ensure adequate and uniform maintenance, eucalyptus windrows should be maintained in a manner that preserves the aesthetics and history of the eucalyptus windrows and consistent with the City's fire hazard abatement provisions. 45 P145 Revisions to Rancho Cucamonga Public Draft Development Code Article V Specific Use Requirements Chapter 17.92 Drive-In and Drive-Through Uses Section 17.92.030 Development and Design Standards Figure 17.92.030-1 Drive-Through Site Standards Public Street 300'min between uses with drive-through facilities 1 and intersections and other [� drive-through facilities on the same side of the street (except within a shopping I —_ _ 45'min setback from the ultimate curb center or master plan) f — face for parking and drive-through lane o Drive thru lanes shall be screened 0 0 through building orientation,the use of a combination of low screen walls,heavy landscaping, Buildings shall orient the and trellis work. public entrances toward I ( r The minimum floor area for drive- the street ° I 9 throw h facilities shall be 1500 sf I 1llIl il,l The drive thru lane shall be a sufficient length to accommodate the necessary stacking of cars.The stacking distance shall be determined through a parking — W study as provided in Chapter 17.68 (Parking and Loading). I Courtyards,plazas,and other landscape open spaces should be used to promote 200'min between restaurants = safe and convenient pedestrian with drive-through facilities o movement with continuous landscape. and any residential use or pathway between buildings district boundary III LL L The parking requirements for drive o thru facilities shall be according to t— Chapter 17.68(Parking and Loading). I Public Street � EFZE' C 46 P146 Revisions to Rancho Cucamonga Public Draft Development Code Chapter 17.98 Home Occupations Section 17.98.020 Permit Required Prior to the establishment of a home occupation, a Home Occupation Permit shall first be secured by the user. A Home Occupation Permit shall be in addition to any other permit or license that may be required by the City, County, or State, including a Business License. Home Occupation Permits are allowed on legal non-conforming residential properties (e.a., existing single family home that is legally non-conforming on a parcel that is zoned industrial) Chapter 17.104 Public Utilities and Uses Section 17.104.040 Development Requirements for Fixed-Base Structure and Facilities D. Treatment Plant. Treatment plants shall observe all development standards of the underlying zoning district, except that any treatment ponds or other structures that may emit an odor shall be located a minimum of two hundred feet (200') from a residential zoning district or residential use. The use shall also provide landscaping along the perimeter of the use, including a minimum twenty-five foot (25') wide landscape area and trees planted thirty feet (30') on center. Landscaping for treatment plants located in wildland-urban interface fire areas shall comply with the vegetation management requirements of the Fire District Chapter 17.110 Temporary Uses Section 17.110.020 Permit Requirements and Exemptions Uses of property (including land, buildings, and structures) and activities that are temporary in nature shall comply with the permit requirements described below. The process for application for and review and issuance of a Temporary Use Permit shall be as described in Section 17.16.070 (Temporary Use Permit). A. Temporary Use Permit Required. The following temporary activities and uses may be allowed, subject to the issuance of a Temporary Use Permit prior to the commencement of the activity or use and subject to the requirements within this section. 1. Construction yards, storage sheds, and construction offices (off-site) in conjunction with an approved construction project, where the yard is located on a site different from the site of the approved construction project. 2. Entertainment and assembly events, including carnivals, circuses, concerts, fairs, festivals, food events, fundraisers, haunted houses, outdoor entertainment/sporting events, and similar events designed to attract large crowds and that are held either on private or public property when not otherwise part of or consistent with a permitted use (e.g., race at a raceway). 3. Farmers Markets, as defined in this Title, held on public or private property. 47 P147 Revisions to Rancho Cucamonga Public Draft Development Code 4. Swap meets, as defined in this Chapter, including flea markets, rummage sales,and similar events held on public or private property. 5. Seasonal sales as defined in this Chapter (e.g., Halloween, Christmas), including temporary residence/security trailers. 6. Temporary sales offices as defined in this Title. 7. Fruit and vegetable stands (related to on-site business). 8. Outdoor display of merchandise as accessory to current on-site business 9. Parkina lot and sidewalk sales. 10. Other temporary activities that the Planning Director determines are similar in nature and intensity to those identified above. Section 17.110.040 Standards for Specific Temporary Uses The following standards shall apply to the specific temporary uses described below. B. Parking Lot and Sidewalk Sales. Parking lot and sidewalk sales may be permitted on private property in the commercial/retail areas of the City, including retail/wholesale businesses located in industrial areas, in connection with current on- site businesses, subject to the approval of a Temporary Use Permit as provided in Section 17.16.070 (Temporary Use Permits) and the following criteria: 4. The activity shall not present a hazard to pedestrians or encroach on a required building exit or emergency vehicle/fire access lanes. K. Model Homes. Model homes may be used as offices solely for the first sale of homes within a recorded tract subject to the following conditions: 12. Temporary landscaping, including minimum 3648-inch box trees, shall be provided within the on-street parking area (cul-de-sac). Temporary landscaping shall also be provided within a planter area surrounding the overflow parking area. Chapter 17.112 Wireless Communication Facilities Section 17.112.020 Permit Requirements and Exemptions D. Removal of wireless communication facilities is exempt from permit requirements E. Replacement of equipment which does not substantially change the tower or shelter is exempt from planning permits but may be subiect to other building permits 48 P148 Revisions to Rancho Cucamonga Public Draft Development Code Article VI Special Planning Areas Chapter 17.116 Master Plan Purpose Section 17.116.010 Special Planning Area Purpose and Intent Special Planning Areas are geographic areas within the City that have adopted plans with unique use, development, and/or design regulations that vary or deviate from the Citywide zoning and development standards. Throughout the United States, Special Planning Areas are created for a variety of reasons, including but not limited to private development applications for master planned communities, protection of unique resources (e.g., historic district, environmental protection), special site considerations (e.g., hillside development, scenic corridors), and/or special use considerations (e.g., targeted use areas, redevelopment opportunities). Since incorporation, Special Planning Areas in Rancho Cucamonga have been established for all of the above listed reasons. This Chapter identifies and describes the City's Special Planning Areas, which are areas subject to unique zoning and development regulations according to the following general categories: C. Master Plans. Master Plans are discretionary planning entitlements (not a zoning district) that allow flexibility in the allowed uses and development standards for specific types of projects. Master Plans are required for mixed-use projects and other integrated developments that warrant special development consideration beyond conventional zoning regulations to address the special or unique needs or characteristics. Master Plans are also required for areas designated on the General Plan Land Use Map with the Master Plan symbol (PR96t of ::•hiGh c,e dc61^^..t Q use sites). The Master Plan entitlement requires preparation of a conceptual master plan to address issues such as circulation, drainage, open space linkages, trail connections, compatibility with adjacent uses, and similar concerns through a comprehensive approach and creative design flexibility. Master Plans are intended to assure a harmonious relationship between the existing and proposed uses, and to coordinate and promote the community improvement efforts of both private and public resources. Subsequent development within the master planned areas must be consistent with the approved conceptual master plans. Chapter 17.118 Master Plan Descriptions Section 17.118.040 Master Plan Descriptions The Master Plans listed below have been adopted by the City of Rancho Cucamonga. This is a partial list because the City has also approved other Master Plans that are simply site plans approved as part of the previous master planning entitlement This Section provides a reference to each the more detailed adopted Master Plans, along with a summary of the unique land use and development standards applicable to each individual Master Plan. A full copy of all adopted Master Plan documents (and any adopted amendments thereto) shall be kept in the Planning Department and in the City Clerk's office. 49 P149 Revisions to Rancho Cucamonga Public Draft Development Code Article VII Design Standards and Guidelines Chapter 17.132 Residential Design Standards TABLE 17.132.010-1 SINGLE-FAMILY VARIATIONS REQUIRED Number of Dwellings Floor-Plaw(minimum)1 Elevations,(perfloor,planf 5-10 3 2 11-20 4 3 21-40 5 3 41-60 6 4 61-80 7 4 81-100 8 4 Over 100 8+1 (for each 40 additional) 4 1( ) The following may be counted as additional floor plans: Reverse footprints Alternate orientation of 90 degrees or greater Alternate garage orientation(i.e.,side entry or detached) (2) Reverse footprints shall not count as additional elevations. Variations in the following design elements, which create a significant difference in streetscape appearance,shall count as additional elevations: Plans with different architectural styles Plans with changes in massing and scale Plans with roof ridges running in different directions Plans with significant changes in roof pitch appropriate to the style Chapter 17.132.040 Residential Development M. Recreation Area / Facility. Where required in the M MH and H residential districts the developer shall provide recreational amenities in coniunction with common open space as follows: 1. Development consisting of 30 units or less shall provide three of the following recreational amenities: a. Large open lawn area. one of the dimensions shall be a minimum of 50 feet. b. Enclosed tot lot with multiDle play equipment c. Spa or pool. d. Barbecue facilitv equipped with grill picnic benches etc 2. Development consistino of 31 units to 100 units shall provide another set of recreational amenities as described in sub-section 17.132.040 MA above or eauivalent, as approved by the Planning Commission s0 P150 Revisions to Rancho Cucamonga Public Draft Development Code 3. Development consisting of 101 units to 200 units shall provide five of the following recreational amenities or equivalent as approved by the Planning Commission: a. Larae open lawn. one of the dimensions shall be a minimum of 100 feet b. Multiole enclosed tot tots with multiple plav equipment The tot lots shall be conveniently located throughout the site The number of tot lots and their location shall be subject to Planning Commission review and approval. c. Pool and spa. d. Community multi-purpose room equipped with kitchen defined areas for games, exercises. etc. e. Barbecue facilities equipped with multiple grills picnic benches etc The barbecue facilities shall be conveniently located throughout the site The number of barbecue facilities and their locations shall be subject to Planning Commission review and approval f. Court facilities (e.g. tennis volleyball basketball etc.). g. Jogging/walking trails with exercise stations 4. For each 100 units above the first 200 units another set of recreational amenities as described in subsection 17.132.040 M.3 above shall be provided 5. Other recreational amenities not listed above may be considered subject to Planning Commission review and approval 6. Related recreational activities may be grouped together and located at anv on area of the common open space 7. Dispersal of recreational facilities throughout the site shall be required for development with multiple recreational facilities 8. All recreation areas or facilities required by this section shall be maintained by private homeowners' associations property owners or private assessment districts. Single Familv Residential development within VL L LM HR and OS zoning districts shall have public or private streets designed to the approved standards of the City. 51 P151 Revisions to Rancho Cucamonga Public Draft Development Code Article VIII Glossary Chapter 17.136 Universal Definitions Section 17.36.020 Universal Definitions Mobile Hot Food Truck Event A special occasion involving one or more mobile hot food trucks on Drivate property in compliance with required criteria for an approved Temporary Use Permit. Mobile Hot Food Trucks are defined in 5670 of the California Vehicle Code as any vehicle which is equipped and used for retail sales of prepared prepackaged or unprepared unpackaaed food or foodstuffs of any kind. Floor Area Ratio, The ratio between gross floor area of the primary structure(s) on a site and gross site area It includes all occupvable floors of a building making it a three-dimensional unit of measure. For example, a multi-story building with a total floor area of one hundred thousand (100.000) square feet on a fifty thousand (50.000) square foot lot will have a FAR of 2.0. The following are examples of how a building with a total floor area of 100,000 sf can be configured on 50,000 sf lot to achieve a FAR of 2.0. Jj 100%Lot Coverage: 50%Lot Coverage: 25% Lot Coverage: • 50,000 sf Floor Plate • 25,000 sf Floor Plate • 12,500 sf Floor Plate • 2 Stories • 4 Stories • 8 Stories Planning Entitlement. A permit or other approval required for land use and development purposes to determine compliance with applicable zoning and development regulations as well as planning and zoning laws. Yard, Front. A yard extending the full width of the lot between the front lot line (measured from face of curb) and a line parallel thereto and passing through the nearest point of the building; provided that, if a future street right-of-way has been established, such measurement shall be from the future street Fight of way:44necurb face line. Chapter 17.146 Sign Definitions Chapter 17.146.020 Sign Definitions 52 P152 Revisions to Rancho Cucamonga Public Draft Development Code Pedestrian Traffic Sian A sign designed and located for the primary purpose of Pedestrian viewing and direction (e.g.. under canopy sign pedestrian access sign), 53 P153 The following additional amendments to the Municipal Code outside of Title 17 are to be made to accommodate the Development Code Update: Chapter 5.12 (Regulation of Entertainment) of the Rancho Cucamonga Municipal Code is hereby deleted. Chapter 19.08 (Tree Preservation) of the Rancho Cucamonga Municipal Code is hereby deleted. Title 14 (Signs) of the Rancho Cucamonga Municipal Code is hereby deleted. Sections 2.24.040 through 2.24.270 of Chapter 2.24 (Historic Preservation) of the Rancho Cucamonga Municipal Code are hereby deleted. Section 2.20.090 (Public Notification Procedures) of the Rancho Cucamonga Municipal Code is hereby deleted. Section 1.12.270 C (Content of Compliance Order) is hereby amended as follows: The action required to correct the violation and the date by which such action must be completed. Except as otherwise provided in this section, the date for compliance shall not be less than forty-eight hours from the date the compliance order is served, Section 8.27.050 (Street Address Numbering Review) is hereby amended as follows: For other than single-family residential properties, location, size, contrast, visibility and mounting of street address numbers for new projects shall be subject to, and a part of review under the land use and development approval requirements of Chapter 17.12 of this code. Section 12.08.055 B 2 (Construction of Public Improvements – Exemption of Private Streets) is hereby amended as follows: Procedures—Notice and Nearing. The application petition shall be filed with the city clerk of the city together with payment of appropriate fees. Upon receipt of the application petition, the city clerk shall schedule the matter for a public hearing before the city council occurring at a regular meeting no later than sixty days following the filing of the application petition. Notice of the public hearing shall be provided in accordance with the provisions of Section 17.14.050. ATTACHMENT 4 P154 Section 16.16.040 (Submittal Information for Growth Management Plan Consistency) is hereby amended as follows: Tentative maps submitted as total development rather than tract subdivision shall, in addition to the material required by Sections 16.16.020 and 16.16.030 submit the following material: A. An illustrative site plan to include proposed and existing improvements, landscape concepts and other elements as may be necessary to illustrate the site plan; B. A preliminary architectural plan showing typicals of all sides of proposed buildings and structures indicating materials to be used, trees, landscaping and shadows to give elevations graphic dimension; C. Development schedule of anticipated proposed project including phasing. Section 16.18.060 J (Submittal for City Approval) is hereby amended as follows: Letter of certification—School district: The applicant shall submit to the community development director written certification from all affected elementary and high school districts that adequate school facilities are or will be capable of accommodating students generated by the proposed project; Section 16.18.060 K (Submittal for City Approval) is hereby amended as follows: Letter of certification—Sewer and water agencies: The applicant shall submit to the community development director written certification from the affected water district that adequate sewer and water facilities are or will be available to serve the proposed project. For projects using septic facilities allowable by the Santa Ana regional water quality control board and the city, written certification of acceptability including all supportive information shall be obtained and submitted to the city; Section 16.20.030 G 2 (Contents) is hereby amended as follows: Type and circumference, and dripline of existing trees as defined by Chapter 17.84. Any trees proposed to be removed shall be so indicated, P155 The General Plan EIR was distributed under separate cover to the City Council in March, 2010 An electronic copy is available for viewing and download on our website at www.citvofrc.us/citvhall/DlanniDg/genplan.asp ATTACHMENT 5 P156 Addendum to the Rancho Cucamonga 2010 General Plan Update Environmental Impact Report ADDENDUM This Addendum to the City of Rancho Cucamonga General Plan Environmental Impact Report (SCH#2000061027) (the "EIR") has been prepared in connection with the City's comprehensive update to its proposed Development Code Update (the "Project"). The Addendum confirms that the environmental impacts stemming from the Project were adequately addressed in the EIR and that a subsequent EIR or negative declaration is not required for the Project. Proposed Development Code Update The Project is a comprehensive update to the City's Development Code designed to implement the policies of the recently completed 2010 General Plan Update. If adopted, the Project would set requirements for private development of property, including development standards, permitted uses, building height, building setbacks, parking standards, sign standards, landscaping requirements, subdivisions, animal keeping regulations, and other development-related topics. The Development Code has not been comprehensively updated since its original adoption in 1983. At that time, the City was predominantly vacant, and most development concerned of large tracts of land with hundreds of residential units or large distribution warehouse complexes. As reflected in the 2010 General Plan Update, the City is now largely developed with most land use applications being proposed for smaller residential subdivisions or more modest commercial and industrial development. The principal objectives of the Development Code Update are to: • Implement the policies of the General Plan • Ensure the Code is consistent with state and federal laws • Make the Code modern, integrated, and easy to use for developers, business owners, residents, staff, and decision makers • Streamline approval procedures while ensuring meaningful public participation • Create value by promoting mixed use development in designated areas • Allow for the development of modern housing and business uses • Promote sustainable development • Simplify design standards without compromising the quality of development • Incorporate and update regulations currently located elsewhere in the code, including Entertainment,Tree Preservation, Signs, and Historic Preservation. The Project is considered to be largely procedural in nature. The Project will also update the City's zoning map to reflect the mixed use land use designations shown on the General Plan Land Use Map (Exhibit 3-3 of the General Plan EIR) and to specific plans and overlay districts previously adopted by the City but not appear on the current map. ' Additionally, the Project included the consolidation of land use tables into one master land use table with consistent descriptions across all base zoning districts. These changes are made to ease implementation of the Development Code by City Staff, and to improve understanding with the general public. Table A-1 shows the translation of existing land use activities into fewer land use descriptions. Page 1 of 14 Addendum to the P157 Rancho Cucamonga 2010 General Plan Update Environmental Impact Report Table A-1: Consolidation of New Land Use from Current Land Uses - x4aL— ,SSa',y,+,�- ,+� 3a'3:FS o- �+� esesx. �•Ag :. ^p ' An Related commercial uses (blueprinting, Accessory Retail, Business Supply Services stationary, quick,copy, etc.) when incidental to an office building or complex. Adult Oriented Business Adult Entertainment Animal Sales and Grooming Taxidermists. Pet Shops Artist and photographic studios, not including the sale of equipment or supplies. Art, Antique and Collectable Shop Antique shops. Stamp and coin shops. Cultural Artist Exhibits: (a) Indoor Gallery and Art Sales Club, Lodge, Fraternity& Sorority Churches, convents, monasteries, and other Assembly Use religious institutions. Religious Assembly Public Assembly Private and public clubs and lodges Indooriitness and Sports Facilities YMCA,,YWCA, and similar youth group uses. Automotive sales and services (including motorcycles, boats, trailers, and campers). Auto and Vehicle Sales and Rental Automotive Services- Rentals. Automotive Sales and Leasing Truck and trailer rental, sales and service. Auto and Vehicle.Storage Automotive Fleet Storage Auto Parts and Sales Auto Service - Parts and Supplies Automotive Services - Parts and supplies. Banks and Financial Services Financial services and institutions, including drive-through banks. Cocktail lounge(bar, lounge, tavern) including related entertainment operated independent of a Bar/Nightclub restaurant. Cocktail Lounge(bar, lounge tavern) including related entertainment Discotheques Bed and Breakfast Bed and Breakfast Broadcasting and Recording Studios Communication Services Business Support Services Blueprint and photocopy services. Photocopy. Printing shops. Blueprint and Photocopy Services Janitorial Services and Supplies Messenger and Wire Services Page 2 of 14 P158 Addendum to the Rancho Cucamonga 2010 General Plan Update Environmental Impact Report ,. 9ea�ua°c1�7$e�9e$'c;ravA9 � '�u�ae,�,r3n�_s�se�es�i>nt�o�a ' Photocopy (Xerox) Business and Office Services Building Maintenance Services Business Supply Retail & Services Business Support Services Janitorial services and supplies. Car Washing and Detailing Automotive Services- Coin-op washing. Automotive Services -Automatic washing. Caretaker Housing Caretaker's Residence Mortuaries and Cemeteries Child Day Care Facility/Center Day Care Facilities. Public buildings (city and county buildings, Commercial Center/Civic Use special districts, and post office). Administrative Civic Services Consignment Store Second-hand store. Convenience Store, Liquor Store Food &Beverage Sales Convention Center Convention Centers Crematory Services Crematory Services Drive-in and Drive-thru Sales and Services Drive-in businesses, including theaters. (other than fast food restaurants). Dwelling, Multi-Family Multiple Family Dwellings Dwelling, Second Unit Second Dwelling Unit (including elder cottage) Dwelling, Single-Family Single-Family Detached Dwelling, Two-Family Single-Family Attached (duplex, triplex, fourplex) Emergency Shelter Emergency Shelters Stable, Commercial Equestrian Facility, Commercial Feed &Tack Store (if accessory to commercial stable) Equestrian Facility, Hobby Stable, Private Equipment Sales & Rental Heavy Equipment Sales & Rentals Equipment Sales and Rental Equipment rental yards. Family Day Care Home, Large Day Care Facility Non-Accessory-7 or more Family Day Care Home, Small Day Care Facility Accessory-6 or less Feed and Tack Store Feed &Tack Store Fuel Storage and Distribution Petroleum Products Storage Furniture, Furnishing and Appliances Appliance stores and repair. Furniture stores, repair and upholstery. Nurseries and garden supply stores, provided, in the NC district, all equipment, supplies and material are kept within an enclosed area, and Garden Center/Plant Nursery provided that fertilizer is stored in packaged form only. Nurseries and Garden Supply Stores Within Enclosed Area Page 3 of 14 Addendum to the P159 Rancho Cucamonga 2010 General Plan Update Environmental Impact Report g General Retail Apparel stores. Art, music, and photographic studios and supply stores. Bicycle shops. Book, gift and stationary stores (other than adult related material). Carpenter shop or cabinet shop. Dairy product stores. Department stores. Drug stores and pharmacies. Electronic goods (i.e. TV's, stereos, -radios, VCR's) sales and service. Florist shops. General retail stores. Hardware stores. Jewelry stores. Locksmith shop. Newspaper and magazine stores. Office and business machine stores. Office supply stores. Plumbing shop and supplies. Shoe stores, sales and repair. Sporting goods stores. Swimming pool supplies. Toy stores. Variety stores. Apparel - Boutiques Apparel- General Art, Music, Photographic Studios, and Sup-ply Stores Bicycle Shops Book, Gift, and Stationery Stores (other than adult related material) China and Glassware Stores Curtain and Drapery Shops Drug Stores and Pharmacies: (a) Over 10,000 square feet Drug Stores and Pharmacies: (b) Pharmacies with or without specialty retail under 10,000 square feet Electronic Sales and Service (TV's, Stereos, Radios, Computers) Floor Covering Shops Florist Shops Page 4 of 14 Addendum to the P160 Rancho Cucamonga 2010 General Plan Update Environmental Impact Report 1 S ik1"Y e.•.. TAI E?x, ' ti 1 'JJ `AY t1 I1S t bS u' 4� aA B✓Cdt1 Y [x 4 is 1DX� y Hardware Stores Hobby Shops Jewelry Stores Leather Goods and Luggage Stores Newspaper and Magazine Stores Office, Business Machine and Computer Component Stores Office Supply Stores Paint, Glass, and Wallpaper Stores Record and Tape Stores Shoe Stores and Repair Shops Specialty Retail Sporting Goods Stores: (a) Specialty; Backpacking, Tennis, Skiing, Mountaineering, Fishing, etc. (b) General; Encompassing a variety of sports equipment Swimming Pool Services and Supplies Toy Stores Variety Department Stores, Junior Department Stores Watch and Clock Repair Stores Yardage Goods Stores Grocery Store/Supermarket Food stores and supermarkets. Guest House Guest House Home improvement centers- Material stored and sold within enclosed buildings. Home Improvement Supply Store Home improvement centers-Outdoor storage of material such as lumber and building materials. Specialty Building Supplies & Home Improvement Hotel and Motel Hotels and Motels. Hotel Facilities (major) Commercial recreation facilities. Commercial recreation facilities- Indoor uses Indoor Amusement Entertainment/Indoor Sports such as bowling, theaters, billiards, etc. and Fitness/Outdoor Commercial Recreation Commercial recreation facilities - Outdoor uses such as golf, tennis, basketball, baseball, trampolines, etc. Indoor Amusement/Entertainment Facility Arcades Music, dance, and martial arts studio. Indoor Fitness and Sports Facility Recreation Facilities Health and Athletic Gyms Music, Dance, and Martial Arts Studios Library and Museum Libraries and Museums, Public and Private Cultural Page 5 of 14 Addendum to the P161 Rancho Cucamonga 2010 General Plan Update Environmental Impact Report - -- v�u. a; �.. var...t,•- w- <w..-s: -ie �ra�ra_3,e"�La�tlse�-0esc;r>t,,��a�r� Liquor Store Liquor stores. Maintenance and Repair, Small Equipment Building & Light Equipment Supplies & Sales Manufacturing, Custom Custom Manufacturing Manufacturing, Custom Repair Services Manufacturing, Heavy Heavy Manufacturing Manufacturing, Light Light Manufacturing Manufacturing, Medium Medium Manufacturing Manufacturing, Minimum Impact Heavy Industrial Minimum Impact Heavy Manufacturing Massage Establishment Massage establishments. Medical Services - Extended Care Convalescent Facilities and Hospitals Medical, dental, and related health services (non-animal related), including laboratories and clinics; only the sale of articles clearly incidental Medical Services - General to the services provided shall be permitted. Medical/Dental Offices and Related Health Clinics Optician and Optometrist Shops Medical Services, Extended Care Convalescent Center Medical Services, Extended Care/General, Hospital Medical/Health Care Services Medical Services, Hospitals Hospital Mobile Home Park Mobile Home Parks Administrative and executive offices. Clerical and professional offices. Public utility service offices. Travel agencies. Financial, Insurance & Real Estate Services Office Business and Professional Administrative & Office Professional/Design Services Political or Philanthropic Headquarters Interior Decorating Firms Realtors and Real Estate Offices Travel Agencies Outdoor Commercial Recreation Commercial Recreational: (b) Outdoor uses such as tennis and basketball Outdoor Commercial Recreation/Park Public Plaza Parks and Recreation Facilities, Public and Private Park and Public Plaza Public Park and Playground Parking Facility Parking facilities (commercial)where fees are charged. Pawn Shop Pawn shops. Personal Services Barber and beauty shops. Cleaning and pressing establishments. Weight reducing clinics Spiritualist readings or astrology forecasting. Page 6 of 14 P162 Addendum to the Rancho Cucamonga 2010 General Plan Update Environmental Impact Report Laundry(Self Service) Tailor Shops Fire & Police Station Public Safety Facility Public safety facility(police, fire, ambulance and paramedics). Recreational Vehicle Storage Recreational Vehicle Storage Yards Recycling Facility- Collection Materials Recovery Facilities -Collection Facilities Recycling Facility- Processing Materials Recovery Facilities - Processing Facilities Recycling Facility- Scrap and Dismantling Materials Recovery Facilities - Scrap Operation Research and Development Research Services Residential Care Facility Residential Care Facility Non-Accessory- 7 or more Residential Care Home Residential Care Facility Accessory- 6 or less Resource Related Recreation Outdoor Recreation Facility(non-commercial) Restaurants (other than fast food)- incidental Restaurant-Beer and Wine serving of beer and wine but without a cocktail lounge, bar, entertainment, or dancing. Restaurant- Beer and Wine/Restaurant- Full Theaters: Liquor Service (a) Dinner Theater Cocktail lounge(bar, lounge, tavern) including Restaurant- Full Liquor Service related entertainment accessory to a restaurant. Restaurants (other than fast food) -with entertainment and/or cocktail lounge and bar. Bakeries(retail only). Candy Stores and Confectionaries Catering establishments. Restaurant- No liquor service Delicatessens. Fast-food restaurants. Ice Cream Stores and Soda Fountains Restaurants Convenience Sales & Services Retail, Accessory Prescription pharmacies, (also when located within a building containing the offices of 5 or more medical practitioners) Retail, General, Retail Warehouse Club Indoor Wholesale/Retail Commercial Warehouse-Style Retail Merchandising School, Academic(Public/Private), Educational institutions, parochial, private School, College(Public/Private) College or University Dormitory(if accessory to college or school) Educational Services: Vocational, Technical, School, Specialized Education and Training Trade, Business and Professional Schools Personal Services Service Stations Automotive Service Station Page 7 of 14 Addendum tnthe P1 63 Rancho Cucamonga 2V1V General Plan Update Environmental Impact Report Automotive Fueling Services Service or gasoline dispensing stations Service StationsiVehicle Services - Minor (including minor repair such as tune-ups, brakes, batteries, tires, mufflers). Specialty Food Store Delicatessens and Specialty Food Stores Storage Yard/Ancillary Office Building Contractor's Office &Yards Building Contractor's Storage Yard Storage, Personal Storage Facility Public Storage Theaters and Auditoriums Movie Theater including Multiplex Theatres and Auditorium s/Drive in & Drive Through Sales Extensive Impact Commercial Thrift Store Thrift store. Transit Facility Transportation facilities (train and bus, taxi Educational Services: Instruction, Tutoring, Tutoring Center, Small/Large Counseling, Testing, Training Schools and Facilities Utility Facility and Infrastructure - Fixed base Public utility installations. facilities Extensive Impact Utility Facilities Vehicle Service, Minor/Vehicle Service, Utility or Service Facility Major/Service Stations Automotive Service Court Automotive Services - Repairs (major engine Vehicle Services - Major work, muffler shops, painting, body work, and Automotive Services -Tire sales and service(no outdoor storage), Vehicle Services- Minor Auto Service Minor Repair (doesnot include major engine work, muffler shops, painting, body work, upholstery, etc.) Animal Care Facility Veterinary(domestic): Veterinary Facility (a) Non-boarding Veterinary (domestic): (b) Boarding Wholesale Storage and Distribution - Heavy Heavy Wholesale, Storage & Distribution Wholesale Storage and Distribution - Light Light Wholesale. Storage & Distribution Wholesale Storage and Distribution - Medium Medium Wholesale, Storage & Distribution Page 8uf14 ' ' Addendum to the P164 Rancho Cucamonga 2010 General Plan Update Environmental Impact Report As shown in Table A-2, the Project also identifies some new uses, but these are substantially similar to the existing land uses permitted within the base zoning districts. Table A-2: New Allowed Land Uses and Permit Requirements by Base Zoning District a rod:� "1* �, � New+Allowed�Latitl'L7ses and=Rermit+Re wrementslbya� ry k aNOtrPermrtted 3P Permitted, C CondiUOnal] ,k ;` 3 I aim--Zonm k s K 3 k v 5 'a { " D.F 6, Vd'�U "E ;W, kYU.va. v\ xN rrz U Uy � SIVR ResidentiaLlHses °�, ..._. x^mr Emergency N N N N N N N N N C N N Shelter N N C N N N N N N Group C C C C C C C C C C C C N N N N N N C N N Residential Live-Work Facility N N N N N N P N N N N N N N N N N N N N N Manufactured P P p p N N N N N N N N N N N N N N P N N Home Mobile Home Park C C C C C C N N N N N N N N N N N N N N N Single-Room Occupancy N N N P P P P N N N N N N N N N N N N N N Facility Transitional P P P p p p p N N N N N N N N N N N P N N Housing 'NJY rY ''.•,^" r x y 4J Recreatt on,Utesource Preservation,Open Space,�Educat�on,and PubhcAssembly Tutoring Center- N N N N N N C C' C C C C N N N N N N N N N La rge Tutoring Center- N N N] N N P P P P P P N N N N N N N N N Small Utility;TransporSation,'Public;Fae�l�ty,and3GommumcatianiUses"110 . Broadcasting and Recording N N N N N N N P N ELN TNP P N N N N N N Studios Page 9 of 14 Addendum to the P165 Rancho Cucamonga 2010 General Plan Update Environmental Impact Report rt ;New'Allowed L66d'Uses3ndJPermlt Reguirementsiby aBase ZomngDlstnct [N Not.P.ermltted P P.ermrtted+C=Condltlonal] Lah&Use Zomn i, = S Dlstr3ct= > �3 �i x �y Oi z" t7 +U 4z +n ainl9 _# of � J. { 9 Utility Facility and Infrastructure— N N N N N N N N N N N N N C C C C C N C C Fixed Based Structures Utility Facility and Infrastructure— P P P P P P P P P P P P P P P P P P P P P Pipelines Sv`+u`°"°G r *°' yhr K e4 ."�"'e'..r " .' a" 7,1v.'*w� 4 .a 's sz ¢,�• Rettsilt ail.3eryl ce,-a�.�.�d��CE��SP6«��aZ...,R�n�"'+v'zs+�i- ,;i � a,•t �����"" � � F .a Call Centers N N N N N N N N N N N N N C C N N N N N N Card Room N N N N N N N N N N N N N N N N N N N N N Check Cashing N N N N N N P N P P N N N P N N N N N •N N Business Gun Sales N N N N N N N N N C N N N N N N N N N N N Hookah Shop N N N N N N C N N C N N N +NN 4NN N N N N Internet Cafe N N . N N N N P P P P P P N N N N N Pawnshop N N N N N N N N N C N N N N N N N N N N N Secondhand N N N N Dealer N N P N P P N N N N N N N N N N N Shooting Range N N N N N N N N N N N N N N C N N N N N N Smoke Shop N N N N N N N N N C C C N N N N N N N N N Tattoo Shop N N N N N N N N N C N C N N N N N N N N N J►utomoblleand 1/ehlcl,e Uses ,... � .. , w.x ._ �f� ��+h�d i+;� c< xl�'G �.�'l,'{` ..1 d. �....fi.�4iluV� !✓"I �I�Y I d.a�a+�' i ++cr �l ¢ Auto and Vehicle Sales, N N N N N N N P P P P P N P N N N N N N N Autobroker Auto and Vehicle N N N N N N N P P P P P N P P N N N N N N Sales, Wholesale The Project will not affect the current methods of conducting environmental review for new development applications. Page 10 of 14 Addendum to the P166 Rancho Cucamonga 2010 General Plan Update Environmental Impact Report The 2010 General Plan Update and Environmental Impact Report On May 19, 2010, the City Council adopted the 2010 General Plan Update and certified the EIR. The updated plan serves as the foundation for many of the City's regulatory documents, including the Development Code, specific plans, community plans, master plans, and design guidelines. With the 2010 General Plan update, the City's focus shifted to infill development (development of remaining vacant properties within developed business districts and residential neighborhoods). As stated above, the Project includes updating the City's zoning map to conform to the mixed use designations in the 2010 General Plan Update. The mixed use general plan designation and zone district approach is a key feature of the General Plan Update and was the second of the objectives listed in the EIR for the general plan? Further, the mixed use concept is discussed in nearly every chapter of the EIR impact discussion and the description of policies intended to address environmental impacts. The mixed use land use designation is reflected in the project description of the EIR in Tables 3-3 Buildout Summary by Land Use, 3-4 Residential Land Use Summary, and 3-5, Non-Residential Land Use Summary. s The project description also includes a narrative description of the location of the mixed use areas, and the General Plan includes Figure 3-3 illustrating the location S.4 The EIR evaluated potential for the 2010 General Plan Update to result in environmental impacts, as summarized in the following table: No Mitigation Mitigation Measures Significant and Unavoidable Agricultural Resources Cultural Resources Aesthetics Biological Resources Hazards and Hazardous Agricultural Resources Geology and Soils Materials Air Quality Population, Housing and Hydrology and Water Quality Climate Change Employment Land Use and Planning Mineral Resources Public Services Noise Parks and Recreation Transportation and Traffic Utilities and Service Systems The City made findings regarding the environmental impacts of adopting the General Plan as well as overriding considerations for significant and unavoidable impacts, both individually and cumulatively, for the following issues: Aesthetics, Agricultural Resources, Air Quality, Climate Change, and Mineral Resources. The findings made by the City necessary to certify the EIR and adopt the General Plan also included a mitigation monitoring and reporting program. For impacts to Land Use and Planning, the City determined that changes or alterations have been incorporated into the General Plan that avoid or substantially lessen the significant environmental effects identified in the EIR resulting in a less than significant impact. More specifically the City's findings stated there would be no conflict between the General Plan and the land development code because updates to the land development code, as well as adherence to standard conditions related to consistency of future development with the proposed 2010 Page 11 of 14 Addendum to the P167 Rancho Cucamonga 2010 General Plan Update Environmental Impact Report General Plan Update and the City's Development Code will reduce the potential impacts related to plan consistency to a less than significant level. CEQA Review Requirements The California Environmental Quality Act ("CEQA") generally requires agencies to analyze the possible environmental impacts of a project prior to approval. Depending on the nature and extend of the potential impacts, the agency may be required to adopt a negative declaration or environmental impact report (EIR). Under Section 15162 of the CEQA Guidelines, when an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following: a. The project will have one or more significant effects not discussed in the previous EIR or negative declaration; b. Significant effects previously examined will be substantially more severe than shown in the previous EIR; c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. If the none of these conditions calling for the preparation of a subsequent EIR or negative declaration are met, but minor technical changes or additions are necessary to a previously adopted environmental Page 12 of 14 Addendum to the P168 Rancho Cucamonga 2010 General Plan Update Environmental Impact Report document are needed, Section 16164 of the CEQA Guidelines allow the lead agency to prepare an addendum to the prior environmental document. A brief explanation of the decision not to prepare a subsequent EIR pursuant should be included in the addendum, the lead agency's findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence. The addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration, and must be considered by the decision-making body prior to making a decision on the project. Analysis This addendum to the EIR has been prepared for the Project because none of the conditions specified in Section 15162 of the CEQA Guidelines requiring the preparation of a subsequent EIR or negative declaration are met. First, the Project does not propose substantial changes in the City's development regulations that were not analyzed in the EIR or that will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The Project simply implements the goals and policies adopted in the City's General Plan and analyzed in the General Plan EIR. The General Plan specifically mentions revises and updating the Development Code, as shown in the following table. The Development Code shall be updated to reflect the density and LU-2.1, LU-2.2, LU-3.3, LU- intensity ranges (especially along Foothill Boulevard) as specified in 3.8, LU-4.2, LU-4.3, LU-4.5, the General Plan including updating the development standards to LU-5.1, LU-9.5, ED-2.1, ED- be consistent with the General Plan provisions. (Table LU-2 of 2.4 ED-4.4 Chapter 2) The Development Code shall be updated to develop guidelines or LU-2.4, LU-9.1, LU-9.2, LU- standards that will guide infill development and make it compatible 9.4, ED-1.4, ED-4.1 with the surrounding neighborhood communities The mixed use zoning was also reviewed throughout the EIR and illustrated in the General Plan Land Use Element in figures LU-2 and LU-3 and in Figure 3-3 of the Draft EIR. The proposed project does not change either the policies or the figures shown in both the EIR and the General Plan. The project does not change any densities, intensities, land uses, or designations beyond those analyzed in the EIR. As a result, there is no change in the project and no new significant environmental effects, or increase in the severity of previously identified significant effects is anticipated as a result of the proposed project. Page 13 of 14 Addendum to the P169 Rancho Cucamonga 2010 General Pion Update Environmental Impact Report Second, there have been no substantial changes with respect to the circumstances under which the Project is undertaken that will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The EIR, which addressed the impacts of adopting the City's General Plan and revisions to the land development code, was adopted on May 10, 2010. The existing conditions reported in the EIR are very similar to those currently in existence. Since adoption of the General Plan in 2010, the City has not processed any amendments to the plan. As a result, there are no substantial changes to the environment which would require a modification of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Third, there is no new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified that shows (a) the Project will have any significant effects not discussed in the EIR; (b) the significant effects examined in the EIR will be substantially more severe than previously shown; (c) mitigation measures or alternatives previously found to be infeasible would now be feasible and would substantially reduce one or more significant effects of the project; or (d) considerably different mitigation measures or alternatives than those analyzed in the EIR would substantially reduce one or more significant effects on the environment are now available. As the Project is consistent with the General Plan there are no new effects that were not discussed in the EIR. Similarly, the Project will not result in changes to the impacts identified in the EIR that could be considered substantially more severe. The Project does not alter any of the review processes in place for new projects, nor does it exempt new uses in the zoning ordinance from review. The Project addresses areas of responsibility for development review and affirms the appropriate body to make recommendations clarifies appeal procedures and establishes project review timelines. None of these changes will result in physical changes to the environment inconsistent with the General Plan as analyzed in the EIR. No additional mitigation measures are necessary. Summary In sum, the General Plan EIR sufficiently analyzed the potential impacts associated with the proposed Development Code Update. The City has a thorough development review process that is fully documented in the General Plan EIR, and that will remain in place following the proposed project. . ' Personal Conversation, James Troyer, Planning Director and Jennifer Nakamura, Associate Planner, January 3, 2012. 2 City of Rancho Cucamonga General Plan Environmental Impact Report(SCHff2000061027), page 3-2. 3 Id. at pages 3-6 through 3-8. Id. at page 3-9. Page 14 of 14 P170 STAFF REPORT CITY MANAGER'S OFFICE 1 91 RANCHO Date: August 1, 2012 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Erika Lewis-Huntley, Management Analyst II Ruben Brambila, Healthy RC Kids Project Manager Subject: APPROVAL OF A RESOLUTION ESTABLISHING A HEALTHY FOOD AND BEVERAGE POLICY FOR THE CITY OF RANCHO CUCAMONGA RECOMMENDATION Staff recommends that the City Council adopt the attached Resolution establishing a Healthy Food and Beverage Policy for the City of Rancho Cucamonga. BACKGROUND/ANALYSIS Cities and their residents face increased health care costs and diminished quality of life due to the epidemic of obesity and overweight. City leaders across California are addressing the crisis by implementing policies that encourage physical activity and healthy eating. While individual lifestyle changes are necessary, individual effort alone is insufficient to combat obesity's rising tide. Environmental changes are needed to make significant change and local government is well situated to play an important role in making it easier for citizens to move toward healthier behaviors. Through its Healthy RC initiative, the City has made a commitment to improve health for all its residents and has engaged local youth, families, community leaders, and health professionals in creating healthier environments in order to facilitate better choices. The City has worked to raise awareness about obesity, the need for improved access to healthy food, and increased physical activity. As a result of its progressive programs, the City has built a solid reputation as a leader to address health related issues by establishing policies that support healthy living for children and families. Establishing a Healthy Food and Beverage Policy is one strategy that can be undertaken to support healthful changes to foods that are offered, served, and consumed and will complement other Healthy RC strategies and efforts. Policies can be designed to make healthier food more readily available, affordable, and appealing. This strategy is strongly supported and endorsed by nationally recognized organizations including the Robert Wood Johnson Foundation, the California Endowment, Kaiser Permanente, the League of California Cities HEAL campaign, and First Lady Michelle Obama's Let's Move campaign. Similar nutrition standard policies have been adopted in over ten local cities from Los Angeles and San Bernardino counties to increase access to healthy food in their communities. P171 APPROVAL OF A RESOLUTION ESTABLIS1IING A I1EALT11Y FOOD AND BI?VU'1RAG1: POLICY PAG1 2 AUGUST 1,2012 As a grantee of the Robert Wood Johnson Foundation Healthy Kids, Healthy Communities Initiative, the California Obesity Prevention Program, and First 5 San Bernardino, the City has undertaken the development of a Healthy Food and Beverage Policy to provide healthier options to City of Rancho Cucamonga employees, residents, and visitors. The development of a Healthy Food and Beverage Policy is a direct result of employee and community input, including a community forum attended by over 150 local residents that identified specific issues related to access to healthy food and physical activity opportunities in the city. Through the City's Healthy RC Kids partnership, a Healthy Food and Beverage Policy Subcommittee consisting of community members, community-based organizations, and City staff was developed. Similar to previous policy initiatives undertaken by Healthy RC Kids (i.e., farmer's market and community gardens), this Subcommittee was charged with conducting assessments and developing a policy representative of community interests. The Subcommittee has been meeting on a monthly basis for nine months to identify assessment activities, venues, and tools to develop a comprehensive policy. Careful consideration was made to include those populations that would be directly affected by a policy that would address snacks and beverages provided at City facilities. Technical assistance was also provided by California Center for Public Health Advocacy (CCPHA) and ChangeLab Solutions who have led statewide efforts on related policies. Assessment Activities: • Surveys: Over 250 paper-based surveys were collected from employees and community members (seniors, teens, Playschool parents, etc) at City facilities that provide snacks and drinks. o General Findings: • Over one of every three (36%) respondents frequently consumes snacks and beverages at City facilities (at least twice per week). • Nine out of every ten respondents (90%) mentioned that eating healthy is important. • About 53% of the respondents stated that healthy food is provided at City facilities, while 47% said it is not. • Four of every five (80%) respondents stated that they would purchase healthier food options if available. • Focus Groups: Six (6) Focus Groups were conducted reaching over 85 total participants (employees and local community members). Some focus groups also incorporated a "taste test" with snacks and drinks that meet SIB 12 and SIB 965 criteria (specific requirements for all snack food and beverages provided in California elementary, middle, and high schools). o General Findings: • In general, participants felt that health is an important consideration for all populations and should be addressed, and supported a Healthy Food and Beverage Policy. • Key Informant Interviews: Seventeen (17) key informant interviews were conducted: 6 City Department representatives, 5 nutrition experts, 2 vending machine companies, and 4 cities that passed similar nutrition standards policies. In general, all interviewees supported the development of a Healthy Food and Beverage Policy. Most agreed that a 50-50 split would be a reasonable measure and would be accepted by most residents/employees. P172 APPROVAL OF A RESOLUTION ESTABLISHING A I IEALTHY FOOD AND BEVERAGE POLICY PAGI3 3 AUGUST 1,2012 Upon consideration of these outcomes, staff recommends that the attached resolution be adopted establishing a Healthy Food and Beverage Policy for the City of Rancho Cucamonga. Provisions of this policy should include: • Comprehensive approach to address multiple sites, organizations, and facilities. • Vending machine standards that would mandate no less than 50% of all snacks and beverages sold to employees and residents meet nationally recognized and accepted guidelines outlined in SB 12 and SB 965. • Healthier food options at all City meetings, trainings, special events, etc. • Nutrition education for employees and residents. • Promotional campaign encouraging healthier choices. • Regular evaluation of policy implementation. FISCAL IMPACT No fiscal impact to the General Fund. Funding for various trainings, assessments, and promotional materials associated with the development and implementation of this policy is covered through existing grant funds. Attachments 1. Resolution No. 12-133 P173 RESOLUTION NO. 12-133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING A HEALTHY FOOD AND BEVERAGE POLICY WHEREAS, the City of Rancho Cucamonga is committed to providing an all encompassing environment that is conducive to the health of all children and families; and WHEREAS, the League of California Cities, at its recent annual conference, unanimously adopted a resolution reaffirming its recognition of the important role cities play in combating the obesity epidemic and called upon cities in California to join the Let's Move Cities and Towns Campaign for which the City of Rancho Cucamonga is a member; and WHEREAS, a goal of the Let's Move Cities and Towns Campaign is to make healthy food available to children and families in municipal facilities; and WHEREAS, the League initiated the Healthy Eating Active Living Cities Campaign to support cities to adopt policies to increase access to healthy food; and WHEREAS, more than half of California's adults are overweight or obese and therefore at risk for many chronic conditions including diabetes, heart disease, cancer, arthritis, stroke, and, hypertension; and WHEREAS, more children are being diagnosed with diseases linked to overweight and obesity previously seen only in adults, such as Type 2 diabetes and heart disease; and WHEREAS, the current generation of children are expected to have shorter lives than their parents due to the consequences of obesity; and WHEREAS, the Inland Empire has the worst healthy food access in the state, with six times as many unhealthy food retail outlets as healthy ones, contributing to it being the 4`h most obese region in the nation with two out of three residents considered overweight or obese; WHEREAS, obesity and overweight take a tremendous toll on the health and productivity of all Californians, annually costing the state $21 billion, and WHEREAS, the City of Rancho Cucamonga bears a portion of these costs in health care premiums, sick days and lost productivity; and WHEREAS, teens and adults who consume one or more sodas or sugar sweetened beverages per day are more likely to be overweight or obese; and WHEREAS, foods and beverages of minimal nutritional value are marketed extensively; and WHEREAS, there are healthier alternatives that can be made accessible to employees and participants in programs and facilities throughout the city; and WHEREAS, the City of Rancho Cucamonga is committed to promoting the health and welfare of children and families; and Resolution No. 12-133 - Page 1 of 4 P174 WHEREAS, the City Council has jurisdiction over municipal facilities and programs serving employees and residents where they consume food and beverages; and WHEREAS, it is in the City's interest to use its facilities and programs to promote and support health; and NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rancho Cucamonga adopts the following standards to ensure that the healthier choice is an easier choice in the City of Rancho Cucamonga: SECTION 1. All food and beverages provided, distributed, and/or sold in City facilities and programs (including but not limited to afterschool programs, City hall, community centers, parks, libraries, etc.); and all food and beverages served during meetings and events sponsored by the City of Rancho Cucamonga (public, staff, interdepartmental, intradepartmental, community input, etc.) shall meet the following standards: a. Vending Machines at City Facilities • Snacks At least 50% of snacks sold in vending machines shall meet the following specified nutrition standards based on nationally recognized and accepted guidelines outlined in SB 12 and SB965 (specific requirements for all snack food and beverages provided in California elementary, middle, and high schools). - Have no more than 35% of its calories from total fat (with the exclusion of nuts and seeds; snack mixes and other foods of which nuts and seeds are a part must meet the 35% standard). - Have no more than 10% of its calories from saturated fat (excluding eggs and individual cheese packages). - Have no more than 35% sugar by weight (excluding fruits and vegetables). - Have no more than 250 calories per serving or per portion. Snacks meeting the above referenced nutrition standards should be identified in such a way to promote its healthier benefits. • Beverages At least 50% of beverages sold in vending machines shall meet the following specified nutrition standards based on nationally recognized and accepted guidelines outlined in SB 12 and SB965 (specific requirements for all snack food and beverages provided in California elementary, middle, and high schools). - Drinking water without added sweeteners - Beverages that contain 50% fruit and vegetable juices without added sweeteners - 100% fruit or vegetable juices - 2%, 1% or nonfat milk, soy milk, rice milk, and other similar nondairy milk - Electrolyte Replacement beverages that contains no more than 42 grams of added sweetener per 20-ounce serving - Other non-caloric beverages, such as coffee and tea Resolution No. 12-133 - Page 2 of 4 P175 Beverages meeting the above referenced nutrition standards should be identified in such a way to promote its healthier benefits. Future procurement and or contractual negotiations for the provision of food snacks and beverages to be provided and or sold in vending machines at City facilities shall include a provision stipulating that food snacks and beverages to be purchased or provided through contracts shall meet the nutrition standards outlined above. b. Meetings and Events • Snacks and Beverages Snacks and beverages purchased with City funds and served at regularly scheduled City-sponsored meetings and events shall include no less than one option meeting the aforementioned standards. • Food Entrees It is strongly encouraged that healthier food options be included at regularly scheduled City-sponsored meetings and events where food entrees are provided. SECTION 2. It is strongly encouraged that any advertising present on vending machines or food retail services at City facilities shall include advertising of food and beverages that meet the aforementioned nutrition standards. SECTION 3. Programs that use City facilities will be encouraged to comply with the aforementioned nutrition standards and ensure that the message of health is modeled. SECTION 4. To assist in the implementation of this policy, the City of Rancho Cucamonga will designate appropriate staff to disseminate information and train relevant staff on the aforementioned nutrition standards to ensure complete comprehension and compliance. Training would also provide recommendations on meals/entrees and how to choose healthier catering and incorporate healthier options at special events. SECTION 5. To complement this policy, the City of Rancho Cucamonga will develop an educational campaign to promote and support healthier choices. SECTION 6. Space shall be made available for nutrition education materials at all City facilities that provide and/or sell food. SECTION 7. Upon request, the City of Rancho Cucamonga shall provide resources and lists of acceptable products that meet the aforementioned nutrition standards. SECTION 8. The City of Rancho Cucamonga will be available to consult with vending machine companies and other food retail service providers on healthy item identification strategies, and consumer outreach and education. SECTION 9. The City of Rancho Cucamonga shall support the development of healthy food and beverage policies of other local agencies in an effort to create a continuum of health Resolution No. 12-133 - Page 3 of 4 P176 across sectors. SECTION 10. The City of Rancho Cucamonga will conduct regular evaluation of policy implementation and continue to identify strategies to support the City's efforts to increase access to healthy food. SECTION 11. Content included in this resolution may be updated as State nutrition standards or new nationally recognized recommendations for healthier food options are developed. PASSED, APPROVED, AND ADOPTED this 151 day of August 2012. L. Dennis Michael, Mayor ATTEST: Janice C. Reynolds, City Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting held on the 1" day of August 2012. Executed this 2ntl day of August 2012 at Rancho Cucamonga, California. Janice C. Reynolds, Secretary Resolution No. 12-133 - Page 4 of 4 Healthy Food and Beverage Policy City Council Meeting ' August 1,2012 i (Commitment to Community Health • Health indicators parallel those of San •n!J Bernardino County Mf ■ — 4'h most obese BO`��� — 9'h highest death rate from heart disease � — 2 out of 3 residents are obese or overweight — 2 out of 4 students do not meet fitness Earth standards Public health under City purview • City-wide initiative to encourage health tY B Y and sustainable lifestyles — Comprehensive and integrated approach _ — Broad definition of health — Multi-departmental effort � t Healthy RC Strategies • Lead by Example w.`z • Comprehensive Approach to Health • Mobilize Public-Private Resources • Empower Resident Leaders • Advance Policies and Programs that Support Healthy & Sustainable Lifestyles • Fi } Making the Healthy Choice, the Easy Choice • Increase opportunities for healthy eating & active living throughout the city n u �ZE ccn A.„,&d c , • Emphasis on areas at highest risk for "'t” 11m'ufa 'k obesity and least amount of resources to address the problem HEAL Cities Campaign –Advisory Board �n� HE— Grant funding to support initiatives: • Robert Wood Johnson Foundation • California Obesity Prevention Program • First 5 San Bernardino �1 IF, f Mobilizing Public/Private Resources ■ Optimize community resources ■ Healthy RC Collaborative: • 1 - Residents (youth & adults) r' F - City staff - Public health professionals Community organizations - Faith-based institutions - Hospitals - Schools s - Local businesses Vic .^ Universities (Randall Lewis Health Policy Fellow) Community Engagement • Community Forums for youth &adults • Identified challenges to healthy eating ¢4 and active living in neighborhoods • Identified community priorities: • Farmer's Markets • Community Gardens • Safe Routes to School • Nutrition standards • Formed Subcommittees made up of City staff, community organizations,and - residents I r•r Healthy Food & Beverage Subcommittee • Co-Chairs: — Kristen Compean, San Antonio Community Hospital — Barbara Marino, r- Women on the Move • City Staff • Community partners ' • Local youth and adult residents • Goals: — Assess current food and beverage environment — Employees and resident feedback — Develop policy recommendations F Statewide Priority • Nutrition standard policies are nationally recognized evidence-based strategies to reduce childhood obesity • Part of California's "Rethink Your Drink" campaign 0 State Standards • Public schools adopted SB-12 and SB-965 criteria (for snacks and drinks) to increase the amount of healthier options provided at schools • To ensure continuity, many cities have been adopting nutrition standards policies using this criteria — Victorville, El Monte, Baldwin Park, Long Beach Puente, Los Angeles, Pasadena iH, - r•� State Standards: Snacks and Drinks • Snacks (SB-965) Beverages (SB-12) — Reduces: — Drinking water • Calories — At least 50%fruit or • Calories from fat vegetable juice • Saturated fat — Lower fat milks — Limits the size and sugar • Sugar content of Electrolyte Replacement beverages — Includes Coffee,tea, Diet soda Comprehensive Assessment • Key Informant Interviews — Four Department representatives — Six Nutrition Experts — Four local cities —Three vending machine companies • Six focus groups & taste tests • 250+ surveys Assessment Results • Current environment — City vending machines(incl Sports Center snack bar)average 41%options that meet criteria — Snacks and drinks sold/provided usually include at least 1 healthy option • Survey results (> 250) — Over 1/3(3S%)employees purchases from vending machines twice per wk — Both employees and residents overwhelmingly believe eating healthy is important to them (90%). — Both employees and residents would purchase healthier food options if provided to them(80%). • Focus groups (6) and Key informant interviews (14) — Very strong support for the inclusion of healthier options — General consensus that there still needs to be a choice(not 100%) — Create complementary polices with other groups Policy Recommendations • Employee and Community Accessible vending machines — At least 50% of options would meet State standards • Promotional campaign encouraging healthier choices • Healthy food options available at City-sponsored meetings/events • Nutrition education for employees and residents • Regular evaluation of policy implementation • I"� a al Implementation Plan • Staff will disseminate information and train relevant staff on healthier foods and beverages • Space will be provided for nutrition education materials at all City facilities • Staff will be available to consult with vendors and provide consumer outreach and education • Support the development of nutrition standards of partner agencies — San Antonio Community Hospital — Women on the Move — Campfire USA — Heritage Farmer's Market — Northtown Community Center Ik tl Promotional Campaign • "Choose Health" promotional campaign ' What 4"Oes it Really Take — Posters, decals, to Burn it Off? highlight healthy ' L„Y, offerings, etc. — Toolkit for participating :; organizations Making the Healthy Choice, the Easy Choice in Rancho Cucamonga ��t For More Information about Healthy RC Visit the Healthy RC Website: www.HealthyRC.info Contact: Ruben.Brambila @CityofRC.us (909) 477-2700 ext.2044 IF, 1 P177 STAFF REPORT - CITY OF RANCHO CUCAMONGA SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY RANCHO CUCAMONGA DATE: August 1, 2012 TO: Mayor and Members of the City Council Chairman and Members of the Successor Agency John R. Gillison, City Manager FROM: Linda Daniels, Assistant City Manager SUBJECT: APPROVAL OF AGREEMENT FOR ADVANCE AND REIMBURSEMENT FROM BOND PROCEEDS FOR PUBLIC INFRASTRUCTURE COSTS BETWEEN THE CITY AND THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY RECOMMENDATION: Staff recommends approval of the Advance and Reimbursement Agreement and to direct staff to submit the Agreement to the Oversight Board at their next available meeting. BACKGROUND/ANALYSIS: On February 1, 2012, pursuant to AB X1 26, the Successor Agency to the Rancho Cucamonga Redevelopment Agency was constituted as a result of the State's action to eliminate redevelopment. One of the issues presented by AB X1 26 was the ability for a Successor Agency to continue to use bond proceeds to carry out and complete projects that had been initiated by the Redevelopment Agency. The Agency had sold bonds in 2001 and 2004 for a variety of public infrastructure projects including the Public Works Service Center facility and the 1-15 freeway Interchange at Base Line Road. The Agency began work on both of these projects prior to the elimination of redevelopment, however not all of the work (design, right of way, furniture acquisitions, etc) was able to be contracted for with third party vendors, thus qualifying as an enforceable obligation under the definitions of the legislation. In June 2012, AB 1484 was signed by the Governor and it included a method whereby a Successor Agency could utilize bond proceeds that were sold prior to December 31, 2010 for their intended purposes. In order to use the bond proceeds, a Successor Agency must meet three criteria, all of which involve remitting unspent tax increment and housing funds to the County/State for payments to taxing entities. The payments come at various times in the 12/13 fiscal year, with the final payment scheduled for April 2013. It is anticipated that after April 2013, the Successor Agency will receive a finding of completion by the Department of Finance which will then allow the use of the bonds for the public infrastructure P178 ADVANCE AND REINIBURSEMEN'r AGREEMENT BE'T'WEEN CITY AND SUCCESSOR AGENCY AUGUST 1,2012 PAGE 2 projects. In order to keep the Base Line and 1-15 Interchange project and the Public Works Service Center facility on track, it is necessary for the City to advance funding. The attached Agreement allows the Successor Agency to reimburse the City once the Department of Finance issues the finding of completion to allow the expenditure of bond proceeds. The City, Successor Agency and Oversight Board have previously approved a Cooperative Agreement that allows the City to advance funds for administrative expenditures and this Agreement is similar in nature and focuses on capital projects. The City and Oversight Board have previously approved contracts with NEC Unified, Inc and GM Business Interiors for telephone and furniture systems for the Public Works Service Center. On the August 1, 2012 agenda are three additional contracts for ASSI Security, Comtech and AECOM for services needed for the Public Works Service Center and the 1-15 at Base Line Interchange projects. These contracts, and any contracts in the future for these 2 capital projects, would be included in the Agreement as reimbursable expenses between the City and Successor Agency. There is a risk to the City in advancing the money, however, because the Successor Agency intends on complying with the provisions of AB 1484 which will allow the use of the bond proceeds to reimburse the City, the risk is seen as minimal. Once the Agreement is approved, it will be forwarded to the Oversight Board for review and approval. Respectfully"suub,`,miiitt't`e`ICd,, Lincra Daniels Assistant City Manager P179 AGREEMENT FOR ADVANCE AND REIMBURSEMENT FROM BOND PROCEEDS OF PUBLIC INFRASTRUCTURE COSTS This AGREEMENT FOR ADVANCE AND REIMBURSEMENT FROM BOND PROCEEDS OF PUBLIC INFRASTRUCTURE COSTS (this "Agreement') is entered into as of August 1, 2012, by and between the City of Rancho Cucamonga (the "City") and the Successor Agency to the Rancho Cucamonga Redevelopment Agency (the "Successor Agency'). RECITALS A. Prior to January 1, 2011, the Rancho Cucamonga Redevelopment Agency issued bonds, the proceeds of which ('Bond Proceeds" hereinafter) were intended to be used to defray the cost of public infrastructure projects, including, but not limited to "the 1-15 Interchange Project' and "the Public Works Service Center Project'. The 1-15 Interchange Project is a project by which the interchange of Base Line Avenue and Interstate 15 Freeway would be substantially reconfigured. The Public Works Service Center Project is a project involving the construction of a 27,000 square foot building which would have many green features and would provide a center for public services including, but not limited to, street and signal maintenance, graffiti, parks and landscape maintenance, urban forestry, water management, and facility maintenance. B. By June 29, 2012, the date on which the Governor approved AB X1 26, Bond Proceeds had been expended by the Rancho Cucamonga Redevelopment Agency in order to implement the two projects referred to above and the use of those Bond Proceeds to do so has since ceased due to the ambiguity of AB X1 26 concerning the use of bond proceeds. C. Subsequent to June 29, 2012, City has expended and expects to continue to expend funds required to complete property acquisition and design work for the 1-15 Interchange Project and to complete work and purchases necessary to complete and open for service the Public Works Service Center Project. D. During July, 2012, AB 1484 was approved enacting Health & Safety Code Section 34191.4 which provides that once a successor agency has been issued a finding of completion by the Department of Finance of the State of California ("DOF" hereinafter), that successor agency may use bond proceeds derived from bonds issued on or before December 31, 2010 for the purposes for which the bonds were sold and such expenditures shall be considered enforceable obligations. Both the 1-15 Interchange Project and the Public Works Service Center Project constitute infrastructure projects for which such bonds were sold by the Rancho Cucamonga Redevelopment Agency. -1- P180 E. Health & Safety Code Section 34178(a) provides that a successor agency may enter into an agreement with the city and, more specifically, Health & Safety Code subsection 34173(h) provides that a city may loan funds to a successor agency for project related expenses so long as the receipt and use of the funds are reflected on the Recognized Obligation Payment Schedule, subject to Oversight Board approval. F. The parties desire to ultimately pay the total costs of both identified projects from the Bond Proceeds. G. The City and the Successor Agency desire to enter into this Agreement to acknowledge the foregoing recitals and to provide for the reimbursement of the noted advances by the Successor Agency to the City from the Bond Proceeds. NOW, THEREFORE, the parties do hereby agree as follows: Section 1. The City shall advance to the Successor Agency sufficient funds to complete and render operational the Public Works Service Center and to complete the property acquisition, permits, mitigation requirements, legal fees and design of the 15 Interchange Project or to advance all funds necessary to expeditiously continue work on those projects until the Bond Proceeds are made available to expend on the projects pursuant to Health & Safety Code Section 34194.4. Section 2. The advances made by City hereunder to the Successor Agency shall be repaid in accordance with Section 3 of this Agreement. Section 3. Within a reasonable time after the Successor Agency is authorized to utilize the Bond Proceeds to pay for both of the projects pursuant to Health & Safety Code Section 34191.4, the City shall submit an invoice to the Successor Agency reflecting all City advances theretofore made to implement the two projects and the Successor Agency shall forthwith pay to the City the amount of the invoice from the Bond Proceeds. Section 4. The parties hereto agree to take all appropriate steps and execute any documents which may reasonably be necessary or convenient to implement the intent of this Agreement. Section 5. Each party shall maintain books and records regarding its duties pursuant to this Agreement. Such books and records shall be available for inspection by the officers and agents of the other party at all reasonable times. Section 6. This Agreement is made in the State of California under the Constitution and laws of the State of California, and is to be so construed. Section 7. This Agreement will become effective upon approval of the Oversight Board to the Successor Agency. -2- P181 Section 8. This Agreement may be amended at any time, and from time to time, by an agreement executed by both parties to this Agreement and approved by the Oversight Board to the Successor Agency. SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY By: Chair ATTEST: Secretary CITY OF RANCHO CUCAMONGA By: Mayor ATTEST: City Clerk APPROVED: Date -3- P182 . STAFF REPORT CITY OF RANCHO CUCAMONGA SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY RANCHO CUCAMONGA DATE: August 1, 2012 TO: Mayor and Members of the City Council Chairman and Members of the Successor Agency John R. Gillison, City Manager FROM: Linda Daniels, Assistant City Manager SUBJECT: APPROVAL OF AGREEMENT FOR ADVANCE AND REIMBURSEMENT FROM BOND PROCEEDS FOR PUBLIC INFRASTRUCTURE COSTS BETWEEN THE CITY AND THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY RECOMMENDATION: Staff recommends approval of the Advance and Reimbursement Agreement and to direct staff to submit the Agreement to the Oversight Board at their next available meeting. BACKGROUND/ANALYSIS: On February 1, 2012, pursuant to AB X1 26, the Successor Agency to the Rancho Cucamonga Redevelopment Agency was constituted as a result of the State's action to eliminate redevelopment. One of the issues presented by AB X1 26 was the ability for a Successor Agency to continue to use bond proceeds to carry out and complete projects that had been initiated by the Redevelopment Agency. The Agency had sold bonds in 2001 and 2004 for a variety of public infrastructure projects including the Public Works Service Center facility and the 1-15 freeway Interchange at Base Line Road. The Agency began work on both of these projects prior to the elimination of redevelopment, however not all of the work (design, right of way, furniture acquisitions, etc) was able to be contracted for with third party vendors, thus qualifying as an enforceable obligation under the definitions of the legislation. In June 2012, AB 1484 was signed by the Governor and it included a method whereby a Successor Agency could utilize bond proceeds that were sold prior to December 31, 2010 for their intended purposes. In order to use the bond proceeds, a Successor Agency must meet three criteria, all of which involve remitting unspent tax increment and housing funds to the County/State for payments to taxing entities. The payments come at various times in the 12/13 fiscal year, with the final payment scheduled for April 2013. It is anticipated that after April 2013, the Successor Agency will receive a finding of completion by the Department of Finance which will then allow the use of the bonds for the public infrastructure P183 ADVANCE AND REIMBURSEMENT AGREEMENT BE'T'WEEN CP1Y AND SUCCESSOR AGENCY AUGUST I,2012 PAGE 2 projects. In order to keep the Base Line and 1-15 Interchange project and the Public Works Service Center facility on track, it is necessary for the City to advance funding. The attached Agreement allows the Successor Agency to reimburse the City once the Department of Finance issues the finding of completion to allow the expenditure of bond proceeds. The City, Successor Agency and Oversight Board have previously approved a Cooperative Agreement that allows the City to advance funds for administrative expenditures and this Agreement is similar in nature and focuses on capital projects. The City and Oversight Board have previously approved contracts with NEC Unified, Inc and GM Business Interiors for telephone and furniture systems for the Public Works Service Center. On the August 1, 2012 agenda are three additional contracts for ASSI Security, Comtech and AECOM for services needed for the Public Works Service Center and the 1-15 at Base Line Interchange projects. These contracts, and any contracts in the future for these 2 capital projects, would be included in the Agreement as reimbursable expenses between the City and Successor Agency. There is a risk to the City in advancing the money, however, because the Successor Agency intends on complying with the provisions of AB 1484 which will allow the use of the bond proceeds to reimburse the City, the risk is seen as minimal. Once the Agreement is approved, it will be forwarded to the Oversight Board for review and approval. Respectfully submitted, Lincra Daniels Assistant City Manager P184 AGREEMENT FOR ADVANCE AND REIMBURSEMENT FROM BOND PROCEEDS OF PUBLIC INFRASTRUCTURE COSTS This AGREEMENT FOR ADVANCE AND REIMBURSEMENT FROM BOND PROCEEDS OF PUBLIC INFRASTRUCTURE COSTS (this "Agreement') is entered into as of August 1, 2012, by and between the City of Rancho Cucamonga (the "City") and the Successor Agency to the Rancho Cucamonga Redevelopment Agency (the "Successor Agency'). RECITALS A. Prior to January 1, 2011, the Rancho Cucamonga Redevelopment Agency issued bonds, the proceeds of which ('Bond Proceeds" hereinafter) were intended to be used to defray the cost of public infrastructure projects, including, but not limited to "the 1-15 Interchange Project' and "the Public Works Service Center Project'. The 1-15 Interchange Project is a project by which the interchange of Base Line Avenue and Interstate 15 Freeway would be substantially reconfigured. The Public Works Service Center Project is a project involving the construction of a 27,000 square foot building which would have many green features and would provide a center for public services including, but not limited to, street and signal maintenance, graffiti, parks and landscape maintenance, urban forestry, water management, and facility maintenance. B. By June 29, 2012, the date on which the Governor approved AB X1 26, Bond Proceeds had been expended by the Rancho Cucamonga Redevelopment Agency in order to implement the two projects referred to above and the use of those Bond Proceeds to do so has since ceased due to the ambiguity of AB X1 26 concerning the use of bond proceeds. C. Subsequent to June 29, 2012, City has expended and expects to continue to expend funds required to complete property acquisition and design work for the 1-15 Interchange Project and to complete work and purchases necessary to complete and open for service the Public Works Service Center Project. D. During July, 2012, AB 1484 was approved enacting Health & Safety Code Section 34191.4 which provides that once a successor agency has been issued a finding of completion by the Department of Finance of the State of California ("DOF" hereinafter), that successor agency may use bond proceeds derived from bonds issued on or before December 31, 2010 for the purposes for which the bonds were sold and such expenditures shall be considered enforceable obligations. Both the 1-15 Interchange Project and the Public Works Service Center Project constitute infrastructure projects for which such bonds were sold by the Rancho Cucamonga Redevelopment Agency. -1- P185 E. Health & Safety Code Section 34178(a) provides that a successor agency may enter into an agreement with the city and, more specifically, Health & Safety Code subsection 34173(h) provides that a city may loan funds to a successor agency for project related expenses so long as the receipt and use of the funds are reflected on the Recognized Obligation Payment Schedule, subject to Oversight Board approval. F. The parties desire to ultimately pay the total costs of both identified projects from the Bond Proceeds. G. The City and the Successor Agency desire to enter into this Agreement to acknowledge the foregoing recitals and to provide for the reimbursement of the noted advances by the Successor Agency to the City from the Bond Proceeds. NOW, THEREFORE, the parties do hereby agree as follows: Section 1. The City shall advance to the Successor Agency sufficient funds to complete and render operational the Public Works Service Center and to complete the property acquisition, permits, mitigation requirements, legal fees and design of the 15 Interchange Project or to advance all funds necessary to expeditiously continue work on those projects until the Bond Proceeds are made available to expend on the projects pursuant to Health & Safety Code Section 34194.4. Section 2. The advances made by City hereunder to the Successor Agency shall be repaid in accordance with Section 3 of this Agreement. Section 3. Within a reasonable time after the Successor Agency is authorized to utilize the Bond Proceeds to pay for both of the projects pursuant to Health & Safety Code Section 34191.4, the City shall submit an invoice to the Successor Agency reflecting all City advances theretofore made to implement the two projects and the Successor Agency shall forthwith pay to the City the amount of the invoice from the Bond Proceeds. Section 4. The parties hereto agree to take all appropriate steps and execute any documents which may reasonably be necessary or convenient to implement the intent of this Agreement. Section 5. Each party shall maintain books and records regarding its duties pursuant to this Agreement. Such books and records shall be available for inspection by the officers and agents of the other party at all reasonable times. Section 6. This Agreement is made in the State of California under the Constitution and laws of the State of California, and is to be so construed. Section 7. This Agreement will become effective upon approval of the Oversight Board to the Successor Agency. -2- P186 Section 8. This Agreement may be amended at any time, and from time to time, by an agreement executed by both parties to this Agreement and approved by the Oversight Board to the Successor Agency. SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY By: Chair ATTEST: Secretary CITY OF RANCHO CUCAMONGA By: Mayor ATTEST: City Clerk APPROVED: Date -3- P187 STAFF REPORT r PUBLIC WORKS SERVICE DEPARTMENT RANCHO CUCAMONGA Date: August 1, 2012 To: Mayor and Members of the City Council John R. Gillison, City Manager From: William Wittkopf, Public Works Services Director By: Neil Plummer, Facilities Supervisor Keri Hinojos, CPPB, Senior Buyer Subject: AUTHORIZE A SINGLE SOURCE CONTRACT (CO#12-082) WITH ASSI SECURITY, INC. FOR THE INSTALLATION OF SECURITY ACCESS CONTROLS, CAMERAS, CABLING, AND RECORDERS AT THE PUBLIC WORKS SERVICE CENTER AND HOUSEHOLD HAZARDOUS WASTE BUILDING, IN THE AMOUNT OF $90,574, INCLUDING A 10% CONTINGENCY, FUNDED FROM ACCOUNT NUMBER 1025001- 5650/1650025-0, $74,271.00 (CAPITAL PROJECTS-CITY YARD EXPANSION); 1188313-5650/1525188-0, $16,303.00 (INTEGRATED WASTE MANAGEMENT), AND AUTHORIZE THE FOLLOWING APPROPRIATIONS FOR THE CONTRACT: $74,271.00 INTO ACCOUNT 1025001-5650/1650025-0 AND $16,303.00 INTO ACCOUNT 1188313-5650/1525188-0 RECOMMENDATION It is recommended that the City Council authorize a single source contract (CO# 12-082) with ASSI Security, Inc. for the installation of security access controls, cameras, cabling, and recorders at the Public Works Service Center and Household Hazardous Waste building, in the amount of $90,574, including a 10% contingency, funded from account number 1025001-5650/1650025-0, $74,271.00 (Capital Projects-City Yard Expansion); 1188313-5650/1525188-0, $16,303.00 (Integrated Waste Management), and authorize the following appropriations for the contract: $74,271.00 into account 1025001-5650/1650025-0 and $16,303.00 into account 1188313-5650/1525188-0. BACKGROUND/ANALYSIS ASSI Security, Inc. is currently the provider of all the access controls, surveillance systems and related maintenance for 15 City facilities, including over 300 access readers, 150 cameras and over 1,400 card key holders. It is imperative that the new security system blend seamlessly with the current system using the same program, components, and database. With the extremely critical and sensitive nature of these security systems and software programs, their relation to the protection of the City's facilities and occupants, the need for constant confidentiality of secure data, the fact that it is a citywide security system, Staff recommends the City Council designate ASSI Security as the single source provider for the installation of security access controls, cameras, cabling, and recorders at the Public Works Service Center and Household Hazardous Waste building. Due to the elimination of Redevelopment, a portion of the funding for this contract is being advanced by the City of Rancho Cucamonga from Fund 025 in order for the project to continue in a timely manner. Included on this agenda as item P2 is an Agreement between the City and the Successor Agency which will allow for the reimbursement to the City for the funds that are being advanced for this work. The source of funds for the reimbursement is bond proceeds that were issued by the Redevelopment Agency. Based on the budget trailer bill, AB 1484, the Department of Finance must issue a finding of completion in order for bond proceeds to be spent. The reimbursement funding P188 AUTHORIZE A SINGLE SOURCE CONTRACT(CO#12-082)WITH ASSI SECURITY,INC. FOR THE INSTALLATION OF SECURITY ACCESS CONTROLS,CAMERAS,CABLING,AND RECORDERS AT THE PUBLIC WORKS SERVICE CENTER AND HOUSEHOLD HAZARDOUS WASTE BUILDING Aucus'r1,2012 PAGi 2 will likely be made available some time after April 2013. There is a potential risk to the City in receiving the reimbursement should the Department of Finance not issue a finding of completion. Because the Successor Agency intends to comply with the provisions of AB 1484, this risk is seen as being minimal, unless subsequent legislative changes create a situation in which the Successor Agency is unable to comply. Respectfully submitted, William Wittkopf Public Works Services Director WW:NP:kh P189 STAFF REPORT PUBLIC WORKS SERVICES DEPARTMENT RANCHO Date: August 1, 2012 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Linda Daniels, Assistant City Manager By: Keri Hinojos, CPPB, Senior Buyer William Wittkopf, Public Works Services Director Subject: APPROVE A CONTRACT (CO#12-083) WITH COMTECH INFRASTRUCTURE SOLUTIONS, INC. FOR THE INSTALLATION OF TELEPHONE AND DATA NETWORK CABLING AT THE PUBLIC WORKS SERVICE CENTER AND HOUSEHOLD HAZARDOUS WASTE BUILDING IN THE AMOUNT OF $70,409, INCLUDING A 10% CONTINGENCY, IN ACCORDANCE WITH RFB#11/12-015, FUNDED FROM ACCOUNT NUMBER 1025001-5650/1650025-0 $61,023.00 (CAPITAL PROJECTS-CITY YARD EXPANSION); 1188313-5650/1525188-0 $9,386.00 (INTEGRATED WASTE MANAGEMENT), AND AUTHORIZE THE FOLLOWING APPROPRIATIONS FOR THE CONTRACT: $61,023.00 INTO ACCOUNT 1025001-5650/1650025-0 AND $9,385.00 INTO ACCOUNT 1188313- 5650/1525188-0 RECOMMENDATION It is recommended that the City Council approve a contract (CO#12-083) with ComTech Infrastructure Solutions, Inc. for the installation of telephone and data network cabling at the Public Works Service Center and Household Hazardous Waste building in the amount of $70,409, including a 10% contingency, in accordance with RFB#11/12-015, funded from account number 1025001-5650/1650025-0 $61,023.00 (Capital Projects-City Yard Expansion); 1188313- 5650/1525188-0 $9,386.00 (Integrated Waste Management), and authorize the following appropriations for the contract: $61,023.00 into account 1025001-5650/1650025-0 and $9,385.00 into account 1188313-5650/1525188-0. BACKGROUND/ANALYSIS On June 1, 2011, City Council and the Redevelopment Agency awarded a contract to construct a new Public Works Service Center and Household Hazardous Waste Facility. Construction of the building is approximately 65% complete. Providing telephone and data network cabling is an important step to make the building operational upon completion. Given the lead time associated with the installation, the order must be processed immediately to ensure that there are no delays in the construction process. Staff recommends contracting with ComTech Infrastructure Solutions, Inc. for the installation of all telecommunication and data networking cables to be installed at the new Public Works Service Center. In accordance with the City's Purchasing policies, the Purchasing Division prepared and posted formal RFB # 11/12-015 on June 18, 2012. Two-hundred and sixteen (216) vendors were notified, forty-eight (48) vendors downloaded the bid solicitation, and eight (8) bid responses were received. After analysis of the bid responses, ComTech Infrastructure Solutions, Inc. was determined to be the lowest, most responsive, and responsible bidder meeting the specifications required. All bid documentation is on file in the Purchasing Division and can also be found on the City's online bid management system. APPROVE A CONTRACT (CO#12-083) WITH COMTECH INFRASTRUCTURE SOLUTIONS, INC. FOR P190 THE INSTALLATION OF TELEPHONE AND DATA NETWORK CABLING AT THE PUBLIC WORKS SERVICE CENTER AND HOUSEHOLD HAZARDOUS WASTE BUILDING August 1, 2012 Page 2 Due to the elimination of Redevelopment, a portion of the funding for this contract is being advanced by the City of Rancho Cucamonga from Fund 025 in order for the project to continue in a timely manner. Included on this agenda as item P2 is an Agreement between the City and the Successor Agency which will allow for the reimbursement to the City for the funds that are being advanced for this work. The source of funds for the reimbursement is bond proceeds that were issued by the Redevelopment Agency. Based on the budget trailer bill, AB 1484, the Department of Finance must issue a finding of completion in order for bond proceeds to be spent. The reimbursement funding will likely be made available some time after April 2013. There is a potential risk to the City in receiving the reimbursement should the Department of Finance not issue a finding of completion. Because the Successor Agency intends to comply with the provisions of AB 1484, this risk is seen as being minimal, unless subsequent legislative changes create a situation in which the Successor Agency is unable to comply. Respectfully submitted, mil• _ . . Linda Daniels Assistant City Manager P191 STAFF REPORT - ENGINEERING SERVICES DEPARTMENT Date: August 1, 2012 RANCHO C,UCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Walter C. Stickney, Associate Engineer Subject: AWARD AND AUTHORIZE AN INCREASE TO PROFESSIONAL SERVICES AGREEMENT 04-188 IN THE AMOUNT OF $469,774 TO AECOM TO PROVIDE DESIGN CHANGES REQUIRED BY CALTRANS FOR THE BASE LINE ROAD/1-15 FREEWAY INTERCHANGE PROJECT, AND APPROPRIATE $299,774 TO ACCOUNT NO. 11983035650/1361198-0 FROM FUND 198 (CITYWIDE INFRASTRUCTURE IMPROVEMENTS) FUND BALANCE FOR SAID INCREASE, INCLUDING $31,000 FOR PERMITS AND MITIGATION CREDITS RECOMMENDATION Staff recommends the City Council approve an appropriation and authorize the increase to Professional Services Agreement No. 04-188 in the amount of $469,774 to AECOM and authorize the City Engineer to approve Contract Change Order No. 15; and to approve an appropriation for said increase, including permit and mitigation credits for the subject project. BACKGROUND/ANALYSIS In 2004, the City of Rancho Cucamonga and DMJM HARRIS (now known as AECOM) entered into Professional Services Agreement 04-188 to prepare Project Approval/Environmental Documents (PANED) services for the Base Line Road/1-15 Freeway Interchange Project. In 2009, the City approved Contract Change Order No. 6 for AECOM to prepare Plans, Specifications and Estimates (PS&E) for the Base Line Road/1-15 Freeway Interchange Project. The PANED process has been completed, and the PS&E process is ongoing with completion to occur in early calendar year 2013. During the course of design submittals for approval to Caltrans, additional requirements have been added by the State which has resulted in the addition of design and drafting activity beyond the original scope of the project. After extensive negotiation between the consultant and City staff, the consultant has agreed to significantly reduce their original requested contract increase for the additional work. Staff believes the requested increase is for items not in the original contract scope, and the dollar amounts for those items are not unreasonable and do reflect the consultant's cost of preparing the plans and information. Also included in this action is the appropriation of $31,000 for permit and mitigation credits. The permits for the State Water Resources Control Board, and the Department of Fish and Game are typical expenditures for projects such as this. Also required per the environmental documents is the purchase by the City of mitigation credits to offset the affects of this project. For this project the environmental documents require the City to mitigate one-tenth (0.10) of an acre. The latest cost per acre City staff has seen is $250,000 per acre for mitigation purposes. Staff anticipates the cost for mitigation from this project is $25,000. Due to the elimination of redevelopment the funding for this contract is being advanced by the City of Rancho Cucamonga from Fund 198 in order for the project to continue in a timely manner. Included on P192 CITY COUNCIL STAFF REPORT- BASELINE ROAD/1-15 FREEWAY INTERCHANGE PROJECT August 1, 2012 Page 2 this agenda as item P2 is an Agreement between the City and the Successor Agency which will allow for the reimbursement to the City for the funds that are being advanced for this work. The source of funds for the reimbursement is bond proceeds that were issued by the Redevelopment Agency. Based on the budget trailer bill, AB 1484, the Department of Finance must issue a finding of completion in order for bond proceeds to be spent. The reimbursement funding will likely be made available some time after April 2013. There is a potential risk to the City in receiving the reimbursement should the Department of Finance not issue a finding of completion. Because the Successor Agency intends to comply with the provisions of AB 1484, this risk is seen as being minimal, unless subsequent legislative changes create a situation in which the Successor Agency is unable to comply. Respectfully submitted, Mark A. Steuer Director of Engineering Services/City Engineer MAS/WCS:ls Attachment: Vicinity Map vicinity iviap P193 Base Line Rd / 1- 15 Interchange V!A MSORO DR Of)KFfEU7 PR 4i'It+ldY t3R01/E OR J YI! j e notary �1 - N -41► IAU DR, lool UMA OR � a f \ 3ASE&;Mt�Rr: 15 PROJECT .J SITE V; N .T,S, COI ONIA£DR r )LOwop �� tt 15 r�l = � MTER ST Q e x (;tJMC.L RLl'.NO Pt 3 r } GE TT YSBURG S T Rb Lit- QAK OR gASIA WY HteEs WNE OR I t V r�riaF VqM-F Y OR rML (n O T N ° U N d i Ix •V o N c` E O o i a) U LLI 12- cn cn cu r i. = Q c w eJe t e\ C ANIIII