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2014/06/04 - Agenda Packet
city, of 6?)(2AAA n 10500 Civic Center Drive 4- Rancho Cucamonga, CA 91730-3801 City Office: (909)477-2700 AGENDAS FIRE PROTECTION DISTRICT BOARD PUBLIC FINANCING AUTHORITY CITY COUNCIL REGULAR MEETINGS 1st and 3rd Wednesdays 4- 7:00 P.M. JUNE 4, 2014 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 Marc Steinorth Diane Williams 7 7-44 CITY MANAGER John R. Gillison ,,, ,a 7r CITY ATTORNEY James L. Markman e ` `r CITY CLERK Janice C. Reynolds 'kJCa Cc ^' ,f~s ,l` �i�' IMR. INFORMATION FOR THE PUBLIC , ViArilo aCAMoNGA TO ADDRESS THE FIRE BOARD, PUBLIC FINANCING AUTHORITY, SUCCESSOR AGENCY AND CITY COUNCIL The Fire Board, Public Financing Authority,Successor Agency 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, Public Financing Authority,Successor Agency and City Council by filling out a speaker card and submitting it to the City Clerk. The speaker cards are located on the wall at the back of the Chambers, at the front desk behind the staff table and at the City Clerk's desk. If as part of your presentation, you would like to display visual material, please see the City Clerk before the meeting commences. Any handouts for the Fire Board, Public Financing Authority, Successor Agency or City Council should be given to the City Clerk for distribution. During"Public Communications,"your name will be called to speak on any item listed or not listed on the agenda in the order in which it was received. The "Public Communications" period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period,all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items)will be accepted once the business portion of the agenda commences. Any other"Public Communications"which have not concluded during this one-hour period may resume after the regular business portion of the agenda has been completed. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. If you are present to speak on an"Advertised Public Hearing"or on an"Administrative Hearing"Item(s),your name will be called when that item is being discussed, in the order in which it was received. Comments are to be limited to five minutes per individual or less,as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. AGENDA BACK-UP MATERIALS Staff reports and back-up materials for agenda items are available for review at the City Clerk's counter, the City's Public 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, Public Financing Authority, Successor Agency 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/councillvideos.asp for those with Hi-bandwidth (DSUCable Modem) or Low-bandwidth (Dial-up) Internet service. The Fire Board, Public Financing Authority,Successor Agency and City Council meet regularly on the first and third Wednesday of the month at 7:00 p.m.in the Council Chambers located at 10500 Civic Center Drive. Members of the City Council also sit as the Fire Board, Public Financing Authority,Successor Agency and City Council. Copies of the agendas and minutes can be found @ www.citvofrc.us ElIf 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 1 I •a. «• CITY COUNCIL AGENDA ..aiSklioacAmoNL.A JUNE 4, 2014 A. 5:00 P.M. - CLOSED SESSION CALL TAO. ORDER - TAPIA CONFERENCE ROOM Al. Roll Call: Mayor Michael Mayor Pro Tern Spagnolo Council Members Alexander, Steinorth and Williams CLOSED SESSION CALLED TO ORDER AS THE FIRE PROTECTION DISTRICT AND CITY COUNCIL. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) I ILD. CONDUCT OF CLOSED SESSION - TAPIA CONFERENCE ROOM D1. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER AND LIEBERT CASSIDY WHITMORE PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION AND RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION AND THE EXECUTIVE MANAGEMENT EMPLOYEES. E. CITY MANAGER ANNOUNCEMENTS (NO DISCUSSION OR ACTION WILL OCCUR) F. RECESS CLOSED SESSION TO RECESS TO THE REGULAR FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL MEETINGS AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. #1' FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND 2 CITY COUNCIL AGENDA f,o aCAMONGA JUNE 452014 G. REGULAR MEETING CALL TO ORDER — 7:00 P.M. COUNCIL CHAMBERS THE REGULAR MEETINGS OF THE FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL WILL BE CALLED TO ORDER. IT IS THE INTENT TO CONCLUDE THE MEETINGS BY 10:00 P.M., UNLESS EXTENDED BY CONCURRENCE OF THE FIRE BOARD, AUTHORITY BOARD AND COUNCIL. G1. Pledge of Allegiance G2. Roll Call: Mayor Michael Mayor Pro Tern Spagnolo Council Members Alexander, Steinorth and Williams H. ANNOUNCEMENTS/PRESENTATIONS H1. Presentation of check by Southern California Edison to support Library's workforce development computer classes. H2. Proclamation declaring May, 2014, Pediatric Stroke Awareness Month. H3. Video presentation of recent Etiwanda Fire. H4. Announcement of the Lewis Family Playhouse 2014/15 Season. I. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Fire Protection District, Public Financing Authority Board and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Public Financing Authority Board and City Council from addressing any issue not previously included on the Agenda. The Fire Board, Public Financing Authority Board and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the 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. FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND 3 CITY COUNCIL AGENDA asANC.ulO aCAMONuA JUNE 4, 2014 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 a Fire Board/Authority Board/Council Member for discussion. J. CONSENT CALENDAR - FIRE PROTECTION DISTRICT J1. Approval of Minutes: May 21, 2014 (Regular Meeting) J2. Approval of Check Register dated May 14, 2014 through May 27, 2014 for the total of 1 $284,799.56. J3. Approval to proceed with the biennial review of the Conflict of Interest Code for the Fire 7 Protection District and City Council. J4. Authorization to award the purchase of one (1) tractor drawn aerial ladder truck, as 8 budgeted for the Fire Protection District, from Rosenbauer South Dakota, LLC of Lyons, South Dakota, in the amount of $1,171,494.36 in accordance with RFP #13/14- 100, from Account No. 3288501-5604 (Capital Outlay-Vehicles) and approve an appropriation in the amount of $171,500 from District Capital Reserves to Account No. 3288501-5604. K. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY K1. Approval of Minutes: May 21, 2014 (Regular Meeting) L. CONSENT CALENDAR - CITY COUNCIL L1. Approval of Minutes: May 21, 2014 (Regular Meeting) L2. Approval of Check Register dated May 14, 2014 through May 27, 2014, and payroll ending 10 May 27, 2014 for the total of$5,170,689.47. L3. Approval to proceed with the biennial review of the Conflict of Interest Code for the Fire 44 Protection District and City Council. FIRE PROTECTION DISTRICT, r • • PUBLIC FINANCING AUTHORITY AND 4 • •'] CITY COUNCIL AGENDA 01CAMON<,;, JUNE 4, 2014 L4. Authorization for the transfer of two (2) Allmand Brothers Night-Lite Pro portable light 45 trailers, one (1) Advance Safety Products Message Master sign trailer, and one (1) Zieman Model 1165 Utility Trailer. L5. Accept the bids received, award and authorize the execution of a contract in the amount of 46 $11,950.00 for the "Victoria Gardens Cultural Center Wall Tile Replacement Project" to the lowest responsive bidder, Torga Electric, of San Bernardino and authorize the expenditure of a 10% contingency in the amount of $1,195.00 to be funded from Account No. 1025001- 5650/1890025-0 (Capital Reserve). L6. Approval of a Resolution of the City Council of the City of Rancho Cucamonga, California, 48 adopting the amended Measure "I" Five-Year Capital Improvement Program for the expenditure of Measure "I" Funds covering Fiscal Years 2013/2018. RESOLUTION NO. 14-099 49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE AMENDED MEASURE "I" FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM COVERING FISCAL YEARS 2013/2018 FOR THE EXPENDITURE OF MEASURE "I" FUNDS L7. Approve the purchase and installation of play equipment from Landscape Structures, Inc., 51 for the Coyote Canyon Park Playground, utilizing a competitively bid Cooperative Agreement awarded by Houston-Galveston Area Council (HGAC Contract No. PR 11-12), and authorize the expenditure of $149,711.68 plus $288.32 contingency to be funded from Account No. 1134303-5650/1859134-0 (LMD 4R —Coyote Canyon). L8. Approval of revised map for Tract Map 18122, located on the east side of East Avenue, 57 north of the Foothill Freeway (SR-210) submitted by KB Home Coastal Inc., a California Corporation. RESOLUTION NO. 14-100 59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING REVISED FINAL MAP FOR TRACT 18122 M. ADVERTISED PUBLIC HEARINGS - CITY The following items have been advertised and/or posted as public hearings as required by law. The Mayor will open the meeting to receive public testimony. M1. Accept Development Impact Fee (DIF) study by Colgan Consulting Corporation dated 60 April 22, 2014; Consideration and recommendation to adopt Ordinance No. 865 establishing Police, Library, Animal Center, Park Land Acquisition In-Lieu, Park Land Acquisition Impact, Park Improvement, Community and Recreation Development Impact Fees; approve Resolution No. 14-101 revising the Engineering Services User Fees. Approve Resolution No. 14-102 revising Citywide Transportation Fees. (fah-e FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND 5 L. J CITY COUNCIL AGENDA ,.. fletio6cAtvtoNGA JUNE 4, 2014 ORDINANCE NO. 865 (FIRST READING) 66 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 3 AND TITLE 16 OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO REPEAL CHAPTERS 3.24 AND 16.32 IN THEIR ENTIRETY AND ADDING CHAPTERS 3.52, 3.56, 3.60, 3.64, AND 3.68 ESTABLISHING DEVELOPMENT IMPACT FEES FOR COMMUNITY AND RECREATION CENTER, LIBRARY, ANIMAL CENTER, POLICE, AND PARK IN-LIEU/PARK IMPACT FEES RESOLUTION NO. 14-101 82 A RESOLUTION OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING RESOLUTION 12-196, TO UPDATE FEES APPLICABLE FOR SERVICES PERFORMED BY THE ENGINEERING SERVICES DEPARTMENT RESOLUTION NO. 14-102 88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING RESOLUTION NO. 07-160, REVISING CITY-WIDE TRANSPORTATION DEVELOPMENT FEES FOR ALL DEVELOPMENTS WITHIN THE CITY OF RANCHO CUCAMONGA, AND MAKING FINDINGS IN SUPPORT THEREOF N. CITY MANAGER'S STAFF REPORTS The following items have no legal publication or posting requirements. N1. Authorization to establish a Paid Electric Vehicle Charging Station Program. 99 N2. Consideration of an Ordinance amending Chapter 19.12 of the Municipal Code pertaining 101 to flood damage protection to comply with the latest Federal Emergency Management Agency(FEMA) regulations in the City of Rancho Cucamonga. ORDINANCE NO. 866 (FIRST READING) 102 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 19.12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, PROVIDING FOR FLOODPLAIN MANAGEMENT REGULATIONS FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND L•,_. . J CITY COUNCIL AGENDA 6 VA ,O 66CAmONGA JUNE 4, 2014 W 0. COUNCIL BUSINESS I( The following items have been requested by the City Council for discussion. 01. INTER-AGENCY UPDATES (Update by the City Council to the community on the --- meetings that were attended.) 02. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) P. IDENTIFICATION OF ITEMS FOR NEXT MEETING 0. ADJOURNMENT I, 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 May 29, 2014, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. May 21, 2014 RANCHO CUCAMONGA CITY COUNCIL, FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY CLOSED SESSION, REGULAR MEETINGS MINUTES A. CALL TO ORDER The Rancho Cucamonga City Council held a regular closed session on Wednesday, May 21, 2014 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, Diane Williams, Marc Steinorth, Mayor Pro Tern Sam Spagnolo and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Deputy City Attorney D. Craig Fox; Linda Daniels, Assistant City Manager; Jeff Bloom, Deputy City Manager/Economic and Community Development; Lori Sassoon, Deputy City Manager/Administrative Services and Robert Neiuber, Human Resource Director. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) I The following closed session items were considered: D1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1) — CASE CIVRS1304541 — THE INLAND OVERSIGHT COMMITTEE—V- CITY OF ONTARIO D2. CONFERENCE WITH LABOR NEGOTIATOR LORI SASSOON AND LIEBERT CASSIDY WHITMORE PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION AND RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION D3. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT 5546 WEST BERYL AVENUE, AND GENERALLY REFERRED TO AS THE HERITAGE PARK EQUESTRIAN CENTER; NEGOTIATING PARTIES: NETTIE NIELSEN, COMMUNITY SERVICES DIRECTOR;WILLIAM WITTKOPF, PUBLIC WORKS SERVICES DIRECTOR, CITY OF RANCHO CUCAMONGA AND THE ALTA LOMA RIDING CLUB; REGARDING LEASE TERMS D4. CONFERENCE WITH PROPERTY NEGOTIATORS FOR THE CITY PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 13539 BASELINE AVENUE IN THE CITY OF FONTANA AND IDENTIFIED AS APN 1100-771-01; NEGOTIATING PARTIES: KIRSTEN R. BOWMAN, ATTORNEY AT LAW, AND JASON WELDAY, TRAFFIC ENGINEER, CITY OF RANCHO CUCAMONGA; AND PROPERTY OWNERS, TESORO SIERRA PROPERTIES, LLC, AND THEIR DESIGNATED REPRESENTATIVES REGARDING REAL PROPERTY INTERESTS TO BE ACQUIRED AS PART OF THE INTERSTATE 15 AT BASE LINE ROAD/BASELINE AVENUE INTERCHANGE PROJECT. D5. CONFERENCE WITH PROPERTY NEGOTIATORS FOR THE CITY PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 7231 ACORN PLACE IN THE CITY OF RANCHO CUCAMONGA AND IDENTIFIED AS APN 0227-693-53; NEGOTIATING PARTIES: KIRSTEN R. BOWMAN, ATTORNEY AT LAW, AND JASON WELDAY, TRAFFIC ENGINEER, CITY OF RANCHO CUCAMONGA; AND PROPERTY OWNER, CARLOS A. LANDINO, AND THEIR DESIGNATED REPRESENTATIVES REGARDING REAL PROPERTY INTERESTS TO BE ACQUIRED AS PART OF THE INTERSTATE 15 AT BASE LINE ROAD/BASELINE AVENUE INTERCHANGE PROJECT. * DRAFT * May 21, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 1 of 12 D6. CONFERENCE WITH PROPERTY NEGOTIATORS FOR THE CITY PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 13449 AND 13479 BASELINE AVENUE IN THE CITY OF FONTANA AND IDENTIFIED AS APN 1100-771-02, AND -03; NEGOTIATING PARTIES: KIRSTEN R. BOWMAN, ATTORNEY AT LAW, AND JASON WELDAY, TRAFFIC ENGINEER, CITY OF RANCHO CUCAMONGA; AND PROPERTY OWNERS, PACIFIC/COSTANZO/LEWIS-FONTANA, ET AL. AND THEIR DESIGNATED REPRESENTATIVES REGARDING REAL PROPERTY TO BE ACQUIRED AS PART OF THE INTERSTATE 15 AT BASE LINE ROAD /BASELINE AVENUE INTERCHANGE PROJECT. LC. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) I No public communications were made. E.E CITY MANAGER ANNOUNCEMENTS I No discussion or actions were taken. F. RECESS CLOSED SESSION TO RECESS TO THE REGULAR FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL MEETINGS AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. 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, Successor Agency, 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. Present were Council/Fire Protection District/Successor Agency Members: Bill Alexander, Diane Williams, Marc Steinorth, Mayor Pro TemNice President Sam Spagnolo and Mayor/President L. Dennis Michael. Also present were: John Gillison, City Manager; D. Craig Fox, Deputy City Attorney; Linda Daniels, Assistant City Manager; Jeff Bloom, Deputy City Manager/Economic and Community Development; Lori Sassoon, Deputy City Manager/Administrative Services; Mark Steuer, Engineering Director; Candyce Burnett, Planning Manager;Trang Huynh, Building& Safety Services Director; Bill Wittkopf, Public Works Services Director; Veronica Fincher, Animal Care and Services Director; Fire Chief Mike Bell; Robert Neiuber, Human Resource Director; Nettie Nielsen, Community Services Director; Police Chief Anthony Onodera; Debra McNay, Assistant City Clerk/Records Manager and Adrian Garcia, Assistant City Clerk. H. ANNOUNCEMENTS/PRESENTATIONS H1. Administration of Oath of Office to re-appointed Rancho Cucamonga Planning/Historic Preservation Commissioner Lou Munoz. Mayor Michael administered the Oath of Office. * DRAFT * May 21, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 2 of 12 H2. Presentation of Certificates of Appreciation to businesses and organizations who made donations to the City and Fire District during the recent Etiwanda Fire incident. Mayor Michael presented a certificates of appreciation to the businesses and organizations that recently assisted with the Etiwanda Fire incident. I. PUBLIC COMMUNICATIONS I 11. Pastor-in-Charge Kingsley O. Okudaye from the Church of Christ's Mission expressed heartache and outrage about the recent kidnappings of the Nigerian school girls. 12. Michael Moore spoke about the exceptional employees of the Public Works Services Department and their contributions in the City during the recent heavy winds and the Etiwanda Fire incident. 13. Larry Henderson spoke on the behalf of the Alta Loma Riding Club Board of Directors. He indicated that the club had been discussing with the City the challenges in the west-side Parks and Street Lighting Districts. Mr. Henderson noted that the Alta Loma Riding Club has been discussing the implementation of a User Agreement for Heritage Park; however, the club was concerned that they wouldn't be able to meet all of the requirements by the July 1St deadline. Mr. Henderson indicated that an e-mail was just received stating that the park would not be shut down but noted that if there was no maintenance, this would eventually happen. 14. Laura Muna-Landa,from Arellano Associates, announced that Omnitrans will be hosting two meetings on June 3, 2014 (Ontario Senior Center) and June 4, 2014 (North Hills Community Church) from 4:00 to 7:00 p.m. to discuss the rapid transit project. 15. David Dykstra expressed concerns with the activities at the Animal Care and Services Center. 16.Janet Walton spoke about Samaritan's purse and their Heal Our Patriots Program and offered a prayer for the City Council and the audience. 17. Scott Gee indicated that he was a realtor in the City. He noted that the closing of Heritage Park on July 1, 2014 would affect the home prices in the area. 18. Bill Hanlon expressed a concern with the cost to rent a room at Central Park. He indicated that the residents pay for the parks three times with property taxes, involvement (and monetary support) of their child's participation in sports and now they are being asked to help maintain the fields. Also, Mr. Hanlon urged that decorum be enforced. 19. Jim Moffatt noted that the City does not have public parks when there is a policy to charge everyone to use them. He urged the City to tighten its belt if it cannot afford to maintain the number of parks that we have in the City and to quit the wasteful spending. 110. James McGuire noted that an example of wasteful spending was the allocation of $150,000 to drain the lake. He provided examples of costs that he incurred on similar tasks and indicated that it should have cost about$5,000 to perform this service.The City should be investigated for incurring this expense. 111. Deborah Grossberg appreciated the City's support during the Etiwanda Fire. She also enjoyed the new exercise equipment at the Senior Center. Mrs. Grossberg expressed a concern with the closure of Heritage Park and asked that it not be shut down. 112. Susan Keithly spoke about Paradise Camp, a 1986 documentary about Theresienstadt concentration camp in Czechoslovakia. She urged everyone to recognize and honor the military on Memorial Day. * DRAFT * May 21, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 3 of 12 113. Dana Keithly noted that the data collected from the City records show a decrease in active volunteers from 69 to 41. She wondered why some inactive volunteers are still being allowed to serve. Mrs. Keithly indicated that another Town Hall meeting will be scheduled and hoped that the Council would attend. 114. Hayward Jackson offered a citation from the Bible. 115. Pastor Martin Koshy thanked the City Council for their support during the National Day of Prayer. 116. John Lyons thanked the firefighters for hosting the dinner last night. He noted that he had circulated the petition incorporating the City and spoke about the City's founding values. Mr. Lyons noted that the development of parks was important and the parks were paid for by assessing properties in various assessment districts. Lastly, Mr. Lyons endorsed various candidates in the June 2014 California Primary Election. 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 J1. Approval of Minutes: May 7, 2014 (Regular Meeting) J2. Approval of Check Register dated April 30, 2014 through May 13, 2014 for the total of $59,606.49. J3. Approval to receive and file current Investment Schedule as of April 30, 2014. J4. Approval of compensation agreement for the transfer of Cultural Center expansion site from Successor Agency to City. J5. Approval of a Resolution delegating authority to the City Manager to make determinations on behalf of the Agency as it relates to the Local Safety Member(s) Industrial Disability in accordance with the Public Employees' Retirement Law. RESOLUTION NO. FD 14-010 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, DELEGATING ITS AUTHORITY TO THE CITY MANAGER TO MAKE DETERMINATIONS ON BEHALF OF THE AGENCY RELATING TO LOCAL SAFETY MEMBER(S) INDUSTRIAL DISABLITY IN ACCORDANCE WITH THE PUBLIC EMPLOYEES' RETIREMENT LAW MOTION: Moved by Spagnolo, seconded by Alexander, to approve the staff recommendations in the staff reports. Motion carried 5-0. II_ K. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY K1. Approval of Minutes: May 7, 2014 (Regular Meeting) MOTION: Moved by Alexander, seconded by Steinorth, to approve the minutes. Motion carried 5-0. * DRAFT * May 21, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 4 of 12 L. CONSENT CALENDAR - SUCCESSOR AGENCY I L1. Approval of compensation agreements with taxing entities for the transfer of Cultural Center expansion site from Successor Agency to City. MOTION: Moved by Williams, seconded by Spagnolo, to approve the staff recommendations in the staff reports. Motion carried 5-0. M. CONSENT CALENDAR - CITY COUNCIL I M1. Approval of Minutes: May 7, 2014 (Regular Meeting) M2. Approval of Check Register dated April 30, 2014 through May 13, 2014 and payroll ending May 13, 2014 for the total of$2,819,367.91. M3. Approval to receive and file current Investment Schedule as of April 30, 2014. M4. Approval of Resolutions pertaining to the November 4, 2014 General Election. RESOLUTION NO. 14-075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CALLING AND GIVING NOTICE OF GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY THE 4th DAY OF NOVEMBER, 2014 FOR THE ELECTION OF CERTAIN OFFICERS OF THE CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES, AND CONSOLIDATING SAID ELECTION WITH THE GUBERNATORIAL ELECTION TO BE HELD ON SAME DATE RESOLUTION NO. 14-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A CHARGE TO CANDIDATES FOR ELECTIVE OFFICE, FOR PREPARATION OF MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS OF THE CANDIDATE STATEMENT FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, NOVEMBER 4, 2014 M5. Approve amendment No. 003 to renew contract (CO 09-203) with JDC, Inc., for Citywide Concrete Repair, Tree Removal and Tree Planting, with concrete water bars, playground seat walls and ball field curbs as additions to the scope of work, with no fee increase and consistent with the original competitive bid process, effective July 1, 2014 through June 30, 2015 contingent upon the approved budget for FY 2014-2015, in an annual amount not to exceed $750,000 to be funded from various General and Special Fund accounts and Landscape Maintenance District accounts. M6. Approve amendment No. 002 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 Citywide tree maintenance services effective July 1, 2014 through June 30, 2015, contingent upon the adopted budget for FY 2014-2015 in an annual amount of $910,580, to be funded from various City accounts. * DRAFT * May 21, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 5 of 12 M7. Approve qualified vendor list including: JC Chang and Associates, Inc.; Dahl, Taylor and Associates; Henrickson Owen; Design West Engineering and Budlong And Associates, Inc. to provide mechanical engineering services on an as needed basis; to be funded from various City accounts as approved in the FY 13/14 budget and the FY 14/15 budget contingent upon City Council approval. MB. Approve amendment No. 002 to renew contract CO 2012-009 with ValleyCrest Landscape Maintenance of Fontana, CA, with no fee increase and consistent with the original competitive bid process, effective July 1, 2014 through June 30, 2015 for the maintenance of landscape and irrigation within Landscape Maintenance Districts 1, 2, 4R and 5, contingent on the adopted budget for FY 2014-2015 in an amount not to exceed $1,493,780 to be funded from 1130303-5300 (Landscape Maintenance District No. 1), 1131303-5300 (Landscape Maintenance District No. 2), 1134303-5300 (Landscape Maintenance District No. 4-R), and 1135303-5300 (Landscape Maintenance District No. 5). M9. Accept the bids received, award and authorize the execution of a contract in the amount of $87,008.11 for the Retrofitting and Relocation of Illuminated Street Name Signs along Foothill Boulevard to the lowest responsive bidder, Aegis Its, Inc. of Anaheim and authorize the expenditure of a 15% contingency in the amount of $12,991.89 for the "Illuminated Street Name Sign Replacement — FY 13/14 Project" to be funded from Account No. 1170303-5300 (Gas Tax). M10. CONSIDERATION OF THE COUNTY OF SAN BERNARDINO HOME CONSORTIUM COOPERATION AGREEMENT — DRC2014-00418 — CITY OF RANCHO CUCAMONGA — Approval of the intent to enter into a cooperation agreement with the County of San Bernardino Economic Development Agency for participation in the County HOME Consortium. RESOLUTION NO. 14-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DRC2014-00418 AND CONFIRMING ITS INTENT TO PARTICIPATE IN THE COUNTY OF SAN BERNARDINO'S HOME CONSORTIUM M11. Consideration of a Light Variance requested for Minors, Majors, Juniors and Senior Divisions Tournament hosted by District 71 Little League during June 17 — July 31, 2014, at Heritage, Day Creek, Epicenter and Red Hill community parks. M12. Approval of compensation agreements with taxing entities for the transfer of Cultural Center Expansion site from Successor Agency to City. M13. Approval of improvement agreement, improvement securities, and ordering the annexation to Landscape Maintenance District No. 3B, Street Light Maintenance District Nos. 1 and 6 for DRC2008-00185, located at the northwest corner of Sixth Street and Rochester Avenue, submitted by Dedeaux Properties, LLC. RESOLUTION NO. 14-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES FOR DRC2008-00185 * DRAFT * May 21, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 6 of 12 RESOLUTION NO. 14-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL INDUSTRIAL) FOR DRC2008-00185 RESOLUTION NO. 14-080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR DRC2008-00185 RESOLUTION NO. 14-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAL/INDUSTRIAL) FOR DRC2008-00185 M14. Accept the bids received and award and authorize the execution of the contract in the amount of $179,070.00, to the lowest responsive bidder, KAD Paving Company DBA KAD Engineering and authorize the expenditure of a 10% contingency in the amount of $17,907.00, for the Hermosa Avenue Pavement Rehabilitation from Main Street to Arrow Route to be funded from Gas Tax RT7360 Funds, Account Nos. 1174303-5650/1850174-0 and 1174303-5650/1022174- 0. M15. Approval of map, monumentation cash deposit and ordering the annexation to Landscape Maintenance District No. 3B and Street Light Maintenance District Nos. 1 and 6 for Parcel Map 19448, located at the southwest corner of Arrow Route and Etiwanda Avenue, submitted by Goodman Rancho SPE LLC. RESOLUTION NO. 14-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FINAL MAP, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT FOR PARCEL MAP 19448 RESOLUTION NO. 14-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAUINDUSTRIAL MAINTENANCE DISTRICT) FOR PARCEL MAP 19448 RESOLUTION NO. 14-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR PARCEL MAP 19448 * DRAFT * May 21, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 7 of 12 RESOLUTION NO. 14-085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAL/INDUSTRIAL) FOR PARCEL MAP 19448 M16. Approval of map and monumentation cash deposit for Parcel Map 19433, located within an existing shopping center at the northwest corner of Foothill Boulevard and Rochester Avenue, submitted by Fountainhead Development. RESOLUTION NO. 14-086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 19433 AND MONUMENTATION CASH DEPOSIT M17. Approval of map, improvement agreement, improvement securities, monumentation cash deposit and ordering the annexation to Landscape Maintenance District No. 1 and Street Light Maintenance District Nos. 1 and 2 for Tract Map 18870-1, located about 525 feet east of Etiwanda Avenue, at the north side of Arrow Route, submitted by Lennar Homes of California, Inc. RESOLUTION NO. 14-087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING FINAL MAP, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT FOR TRACT 18870-1 RESOLUTION NO. 14-088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY) FOR TRACT 18870-1 RESOLUTION NO. 14-089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR TRACT 18870-1 RESOLUTION NO. 14-090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS) FOR TRACT 18870-1 M18. Approval of Stipulation to Interlocutory Judgment in Condemnation with Pacific/Costanzo/Lewis- Fontana, et al. for the acquisition of right of way located at 13449 and 13479 Baseline Avenue in the City of Fontana (APN 1100-771-02 AND 1100-771-03) needed for the 1-15 at Base Line Road/Baseline Avenue Interchange Improvements Project. * DRAFT * May 21, 2014 1 Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga 1 City Council Minutes 1 Page 8 of 12 M19. Approval of map, improvement agreement, improvement securities, monumentation cash deposit and ordering the annexation to Landscape Maintenance District No. 2 and Street Light Maintenance District Nos. 1 and 3 for Tract Map 18212, located at the northeast corner of Base Line Road and San Carmela Court, submitted by D.R. Horton Los Angeles Holding Company, Inc. RESOLUTION NO. 14-091 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FINAL MAP, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT FOR TRACT 18212 RESOLUTION NO. 14-092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 FOR TRACT MAP 18212 RESOLUTION NO. 14-093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR TRACT MAP 18212 RESOLUTION NO. 14-094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 3 (VICTORIA PLANNED COMMUNITY) FOR TRACT MAP 18212 M20. Approval to increase Professional Services Agreement (CO#12-077) with Butsko Utility Design, Inc. in the amount of $50,000 for technical electrical engineering support, to be funded from Rancho Cucamonga Municipal Utility Account 1705303-5309 and to approve an appropriation in the amount of $50,000 to Account 1705303-5309 from the Rancho Cucamonga Municipal Utility Fund Balance. M21. Adopt Resolution No. 14-095 for parking restrictions at the Metrolink Station parking lot and authorize the City Manager to award a contract to Clancy Systems. RESOLUTION NO. 14-095 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING PARKING RESTRICTIONS AND CHARGES AT THE METROLINK STATION PARKING LOT LOCATED AT 11208 AZUSA COURT. M22. Approval of a Resolution adopting a side letter agreement to the Memorandum of Understanding between the City of Rancho Cucamonga and the Mid-Manager, Supervisory Professional and General Labor Group. * DRAFT * May 21, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 9 of 12 RESOLUTION NO. 14-096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING A SIDE LETTER AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE MID-MANAGER, SUPERVISORY PROFESSIONAL AND GENERAL LABOR GROUP M23. Approval to receive and file Animal Center statistics and outcome reports for March and April 2014. MOTION: Moved by Alexander, seconded by Spagnolo, to approve the staff recommendations in the staff reports. Motion carried 5-0. In light of the number of people in the audience, Mayor Michael suggested that Item 02 (West-side Parks and Street Lighting Districts update) be heard at this time. MOTION: Moved by Spagnolo, seconded by Williams, to hear Item 02 at this time. Motion carried 5-0. The comments on Item 02 are reflected in their normal place on the agenda. N. ADVERTISED PUBLIC HEARINGS - CITY I The following items have been advertised and/or posted as public hearings as required by law. The Mayor will open the meeting to receive public testimony. N1. Consideration of a recommendation from the Park and Recreation Commission regarding proposed fee revisions for park shelters and new park maintenance fees for shelters, pavilions, special event areas and sports fields amending Resolution No. 14-097. RESOLUTION NO. 14-097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING AN UPDATED FEE SCHEDULE APPLICABLE TO COMMUNITY SERVICES AND AMENDING RESOLUTION NO. 12-196 Nettie Nielsen, Community Services Director, presented the staff report. Council Member Alexander indicated that he met with the Community Services Director today and appreciated the policy which provides that the Director can adjust the fees to facilitate sensitive situations. He noted that these fees cover the City's cost to provide the service. Council Member Williams inquired if the revenue raised would be used to install lights in the Pavilion. In response, Mrs. Nielsen indicated that lights are planned for the Pavilion at Central Park during the second phase. Mayor Michael opened the public hearing. John Lyons noted that before the City was incorporated, people had to travel to Upland. The City's goal during incorporation was to have parks and it is important that the parks we have are maintained. Mr. Lyons noted that the fees need to be affordable. Jim Moffatt disagreed with Mr. Lyons, noting that Red Hill Park was in existence prior to the City's incorporation. * DRAFT * May 21, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 10 of 12 Mayor Michael closed the public hearing. MOTION: Moved by Spagnolo, seconded by Williams, to adopt Resolution No. 14-097. Motion carried 5-0. 0. CITY MANAGER'S STAFF REPORTS - CITY AND SUCCESSOR AGENCY The following items have no legal publication or posting requirements. 01. Approval of a Resolution of the Successor Agency confirming the issuance of Tax Allocation Refunding Bonds pursuant to a fifth supplemental Indenture and approve the preliminary and official statements. (Successor Agency) RESOLUTION NO. 14-098 A RESOLUTION OF THE SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY CONFIRMING THE ISSUANCE TAX ALLOCATION REFUNDING BONDS PURSUANT TO A FIFTH SUPPLEMENTAL INDENTURE, APPROVING PRELIMINARY AND FINAL OFFICIAL STATEMENTS AND PROVIDING OTHER MATTERS RELATING THERETO Donna Finch, Management Analyst I, presented the staff report. MOTION: Moved by Alexander, seconded by Steinorth, to adopt Resolution No. 14-098. Motion carried 5-0. 02. West-side Parks and Street Lighting Districts update. (City) Lori Sassoon, Deputy City Manager/Administrative Services and Bill Wittkopf, Public Works Services Director, presented the staff report. P. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. P1. INTER-AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) Mayor Michael reported on his attendance at the Metro Valley Study Session last week that was conducted by the San Bernardino Associated Governments. Council Member Williams attended a meeting of the Local Agency Formation Committee today, during which time the budget and a request to annex into the City of Redlands was discussed. P2. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) No announcements were made. * DRAFT * May 21, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 11 of 12 Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING J No items were identified. R. ADJOURNMENT The meeting was adjourned at 9:09 p.m. Respectfully submitted, Debra L. McNay, MMC Assistant City Clerk/Records Manager Approved: * * * * DRAFT * May 21, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 12 of 12 Proclamation WHEREAS, the City of Rancho Cucamonga is committed to promoting and securing the health of all its citizens; and WHEREAS,stroke occurs at a rate of 1 in 2700 live births each year and in 12 out of 100,000 children per year, with stroke being the sixth leading cause ofdeath in children; and WHEREAS, between 50 and 85 percent of infants and children who have a Pediatric Stroke will have serious, permanent neurological disabilities, including paralysis, seizures, speech and vision problems, attention, learning and behavioral difficulties, and may require ongoing physical therapy and surgeries; and WHEREAS, the life-long health concerns and treatments resulting from Pediatric Stroke has a heavy financial and emotional toll on the child, the family, and society; and WHEREAS, very little in known about the cause, treatment and prevention of Pediatric Stroke; Pediatric Stroke risk factors, symptoms, prevention efforts, and treatment are often different in children than in adults; only through medical research can effective treatment and prevention strategies for Pediatric Stroke be identified and developed; and WHEREAS, an early diagnosis and commencement of treatment of Pediatric Stroke greatly improves chances of recovery and prevention of recurrence. NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Rancho Cucamonga does hereby acknowledge Bradley Fox, a Pediatric Stroke Survivor, and urges our citizens to support the efforts, programs, services, and advocacy the Children's Hemiplegia and Stroke Association provides as they strive to enhance public awareness of Pediatric Stroke. IN WITNESS WHEREOF, the City Council of the City of Rancho Cucamonga, California, have hereunto set their hand and caused the seal of the City of Rancho Cucamonga to be affixed this 4th day of June, 2014. RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P1 Agenda Check Register 5/14/2014 through 5/27/2014 Check No. Check Date Vendor Name Amoum AP 00347392 2014/05/141 LOWES COMPANIES INC. 12.29 AP 00347392 2014/05/141 LOWES COMPANIES INC. 276.09 • AP 00347392 2014/05/141 LOWES COMPANIES INC. 737.79 AP 00347300 2014/05/141 CAPITAL ONE COMMERCIAL 194.38 AP 00347306 2014/05/14( CHARTER COMMUNICATIONS 256.92 AP 00347383 2014/05/141 L S A ASSOCIATES INC 3,346.06 AP 00347356 2014/05/14( HARTRICK, PATRICK 300.00 AP 00347420 2014/05/141 PORT SUPPLY 2,088.13 AP 00347426 2014/05/141 RED HELMET TRAINING INC 180.00 AP 00347392 2014/05/141 LOWES COMPANIES INC. 14.33 AP 00347392 2014/05/141 LOWES COMPANIES INC. 38.90 AP 00347300 2014/05/14( CAPITAL ONE COMMERCIAL 17.27 AP 00347352 2014/05/14( GRAINGER 129.07 AP 00347412 2014/05/14( ONTARIO WINNELSON CO 26,71 AP 00347426 2014/05/14( RED HELMET TRAINING INC 180.00 AP 00347457 2014/05/14( TERMINIX PROCESSING CENTER 40.00 AP 00347514 2014/05/21 ( AFSS 25.00 AP 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00347723 2014/05/271 KILMER, STEPHEN 1,289.65 AP 00347725 2014/05/271 WALKER,JANET 1,387.37 AP 00347392 2014/05/141 LOWES COMPANIES INC. 176.14 AP 00347392 2014/05/14( LOWES COMPANIES INC. -88.21 AP 00347392 2014/05/14( LOWES COMPANIES INC. 31.51 AP 00347691 2014/05/21 ( VERIZON WIRELESS- LA 1,265.92 AP 00347348 2014/05/14( GOLDEN STATE RISK MANAGEMENT AUTHORI" 1,127.00 AP 00347397 2014/05/14( MARLINK SA INC 135.00 AP 00347431 2014/05/14( ROBERTS, CHERYL L 31.01 AP 00347392 2014/05/14( LOWES COMPANIES INC. 20.50 AP 00347691 2014/05/21 ( VERIZON WIRELESS- LA 110.00 AP 00347305 2014/05/14( CHARIOT SPRING COMPANY 66.41 AP 00347333 2014/05/14( EPSTEIN, SHAWN 316.50 AP 00347402 2014/05/141 MK AUTO DETAIL SHOP 185.00 AP 00347426 2014/05/14( RED HELMET TRAINING INC 180.00 AP 00347392 2014/05/141 LOWES COMPANIES INC. 16.11 AP 00347392 2014/05/14( LOWES COMPANIES INC. 53.07 AP 00347711 2014/05/221 CUCAMONGA VALLEY WATER DISTRICT 73.60 AP 00347372 2014/05/141 INDUSTRIAL EMERGENCY COUNCIL 750.00 AP 00347372 2014/05/141 INDUSTRIAL EMERGENCY COUNCIL 850.00 AP 00347352 2014/05/141 GRAINGER 26.15 AP 00347397 2014/05/141 MARLINK SA INC 27.00 Ap 00347392 2014/05/141 LOWES COMPANIES INC. 18.42 AP 00347372 2014/05/141 INDUSTRIAL EMERGENCY COUNCIL 750.00 AP 00347415 2014/05/14( PATTON SALES CORP 352.94 AP 00347433 2014/05/14( RODRIGUEZ INC, R Y 7,984.74 AP 00347447 2014/05/14( SOUTH COAST AQMD 118.94 Ap 00347541 2014/05/21 ( CONFIRE IPA 19,675.16 AP 00347504 2014/05/15 ( LN CURTIS AND SONS 370.84 AP 00347687 2014/05/21 ( VERIZON CALIFORNIA 53.88 AP 00347582 2014/05/21 l HARRIS,TY 200.00 AP 00347531 2014/05/21 ( CALPERS 187.20 AP 00347541 2014/05/21 I CONFIRE JPA 24,593.94 AP 00347485 2014/05/141 WINZER CORPORATION 113.65 • AP 00347526 2014/05/21 I BASTIAN, DAVID 200.00 AP 00347663 2014/05/21 I SOUTHERN COUNTIES LUBRICANTS LLC 371.24 AP 00347667 2014/05/21 I STERLING COFFEE SERVICE 62.70 AP 00347562 2014/05/21 ( EPSTEIN,SHAWN 11.33 AP 00347453 2014/05/14( SOUTHERN CALIFORNIA EDISON 686.92 AP 00347622 2014/05/21 ( OCCUPATIONAL HEALTH CTRS OF CA 167.46 AP 00347625 2014/05/21 ( OFFICE MAX -1,434.31 AP 00347532 2014/05/21 l CARSON, DANIEL 408.54 Ap 00347724 2014/05/271 LONCAR, PHILIP 964.58 EP 00004356 2014/05/27( PROULX, PATRICK 1,504.93 User: VLOPEZ- VERONICA LOPEZ Page: 4 Current Date: 05/28/: Report:CK AGENDA REG PORTRAIT RC-CK: Agenda Check Register Portrait Layout Time: 11:4 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P5 Agenda Check Register 5/14/2014 through 5/27/2014 Check No. Check Date Vendor Name Amouni EP 00004321 2014/05/271 BAZAL, SUSAN 148.24 EP 00004331 2014/05/271 DAGUE,JAMES 1,130.18 EP 00004345 2014/05/271 MCKEE,JOHN 535.72 EP 00004365 2014/05/271 VANDERKALLEN, FRANCIS 1,157.44 EP 00004333 2014/05/271 DOMINICK,SAMUEL A. 1,130.18 EP 00004319 2014/05/271 ALMAND, LLOYD 535.72 EP 00004337 2014/05/271 INTERLICCHIA,ROSALYN 753.82 EP 00004350 2014/05/27( MYSKOW,DENNIS 964.58 EP 00004360 2014/05/27( SPAGNOLO, SAM 470.94 EP 00004323 2014/05/271 BROCK, ROBIN 832.95 EP 00004346 2014/05/27( MCMILLEN,LINDA 475.40 EP 00004367 2014/05/27( YOWELL,TIMOTHY A 1,353.64 EP 00004313 2014/05/21 ( BANTAU, VICTORIA 842.06 EP 00004308 2014/05/14( INTERLICCHIA, ROSALYN 1,157.75 EP 00004353 2014/05/27( NELSON, MARY JANE 175.97 EP 00004320 2014/05/27( BANTAU, VICTORIA 408.16 EP 00004334 2014/05/27( EAGLESON, MICHAEL 1,504.93 EP 00004348 2014/05/27( MICHAEL,L. DENNIS 832.95 EP 00004362 2014/05/27( SULLIVAN,JAMES 1,086.58 EP 00004322 2014/05/27( BERRY, DAVID 964.58 EP 00004327 2014/05/271 CORCORAN, ROBERT 505.59 EP 00004341 2014/05/27 l LONGO,JOE 175.97 EP 00004351 2014/05/271 NAUMAN, MICHAEL 964.58 EP 00004361 2014/05/271 SPAIN, WILLIAM 717.76 EP 00004324 2014/05/271 CAMPBELL,GERALD 1,289.65 EP 00004347 2014/05/271 MCNEIL, KENNETH 944.68 EP 00004313 2014/05/21 ( BANTAU, VICTORIA 816.87 EP 00004308 2014/05/14( INTERLICCHIA, ROSALYN 368.07 EP 00004308 2014/05/14( INTERLICCHIA, ROSALYN 1,057.75 EP 00004325 2014/05/27( CARNES, KENNETH 717.76 EP 00004335 2014/05/27 l FRITCHEY,JOHN D. 470.94 EP 00004349 2014/05/27( MORGAN, BYRON 2,265.72 EP 00004363 2014/05/27( TAYLOR, STEVE 1,102.77 EP 00004329 2014/05/27( CRANE, RALPH 1,353.64 EP 00004338 2014/05/27( LANE, WILLIAM 1,504.93 EP 00004357 2014/05/27( ROEDER,JEFF 1,504.93 EP 00004328 2014/05/271 COX,KARL 535.72 EP 00004342 2014/05/271 LUTTRULL, DARRELL 717.76 EP 00004352 2014/05/271 NEE,RON 1,795.43 EP 00004332 2014/05/27( DE ANTONIO, SUSAN 505.59 EP 00004359 2014/05/27( SMITH, RONALD 964.58 EP 00004313 2014/05/21 l BANTAU, VICTORIA 432.64 EP 00004336 2014/05/27( HEYDE, DONALD 1,130.18 EP 00004343 2014/05/27( MACKALL, BENJAMIN 175.97 EP 00004354 2014/05/27( PLOUNG, MICHAEL J 1,079.38 User: VLOPEZ- VERONICA LOPEZ Page: 5 Current Date: 05/28/: Report:CK AGENDA REG PORTRAIT RC-CK: Agenda Check Register Portrait Layout Time: 11:4 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P6 Agenda Check Register 5/14/2014 through 5/27/2014 Check No. Check Date Vendor Name Amouni EP 00004326 2014/05/27( CLABBY, RICHARD 964.58 EP 00004340 2014/05/271 LENZE, PAUL E 1,102.77 EP 00004355 2014/05/27( POST,MICHAEL R 1,717.64 EP 00004366 2014/05/271 WOLFE,JACKIE 617.32 EP 00004321 2014/05/27( BAZAL, SUSAN 1,205.40 EP 00004330 2014/05/27( CROSSLAND,WILBUR 470.94 EP 00004344 2014/05/271 MAYFIELD, RON 1,353.64 EP 00004358 2014/05/271 SALISBURY,THOMAS 832.95 EP 00004318 2014/05/271 AHUMADA, ALEXANDER R 846.58 EP 00004339 2014/05/271 LEE,ALLAN 1,472.85 EP 00004364 2014/05/271 TULEY,TERRY 1,130.18 EP 00004313 2014/05/21 1 BANTAU,VICTORIA 849.59 Total for Entity: 284,799.56 User: VLOPEZ- VERONICA LOPEZ Page: 6 Current Date: 05/28/: Report:CK AGENDA REG PORTRAIT RC-CK: Agenda Check Register Portrait Layout Time: 11:4 P7 ;:r4STAFF REPORT ' CITY CLERK'S OFFICE • 1-Zte RANCHO Date: June 4, 2014 CUCAMONGA To: President and Members of the Fire Board Mayor and Members of the City Council • John R. Gillison, City Manager, Executive Director/City Manager From: Debra L. McNay, MMC, Assistant City Clerk/Records Manager Subject: APPROVAL TO PROCEED WITH THE BIENNIAL REVIEW OF THE CONFLICT OF INTEREST CODE FOR THE FIRE PROTECTION DISTRICT AND CITY COUNCIL RECOMMENDATION: It is recommended the Fire Board/City Council direct staff to proceed with the biennial review of their Conflict of Interest Code. BACKGROUND/ANALYSIS: Pursuant to the Political Reform Act, all local governments and agencies must update their Conflict of Interest Code in 2012. Prior to July 1, 2014, all Fire District/City staff will be notified of the pending update and will be requested to review any changes to designated positions, such as changes in title or duties, or creation or elimination of positions. Pursuant to state law, after a thorough review has been made, the City Clerk's office will bring this item back to the Fire Board/City Council prior to October 1, 2014 to propose any appropriate amendments as needed. If amendments are needed, they must be approved by the Fire Board/Successor Agency/City Council prior to December 30, 2014. Should you have any questions, please do not hesitate to contact me. Respe tfully submitted, Deb L. McNay, MMC Assis ant City Clerk/Records Manager P8 STAFF REPORT RANCI-I0 CUCAMONGA FIRE PROTECTION DISTRICT RANCHO Date: June 4, 2014 CUCAMONGA To: President and Members of the Board of Directors John R. Gillison, City Manager From: Mike Bell, Fire Chief By: Don Cloughesy, Deputy Fire Chief Ruth Cain, Acting Senior Buyer Eric Wells, Captain Pamela Pane, Management Analyst II Subject: AUTHORIZATION TO AWARD THE PURCHASE OF ONE (1) TRACTOR DRAWN AERIAL LADDER TRUCK, AS BUDGETED FOR THE FIRE PROTECTION DISTRICT, FROM ROSENBAUER SOUTH DAKOTA, LLC OF LYONS, SOUTH DAKOTA, IN THE AMOUNT OF $1,171,494.36 IN ACCORDANCE WITH RFP #13/14-100, FROM ACCOUNT NO. 3288501-5604 (CAPITAL OUTLAY-VEHICLES) AND APPROVE AN APPROPRIATION IN THE AMOUNT OF $171,500 FROM DISTRICT CAPITAL RESERVES TO ACCOUNT NO. 3288501-5604 RECOMMENDATION It is recommended that the Fire Board authorize an award for the purchase of one (1) Tractor Drawn Aerial Ladder Truck, as budgeted for the Fire Protection District, from Rosenbauer South Dakota, LLC of Lyons, South Dakota, in the amount of $1,171,494.36, in accordance with RFP #13/14-100, from Account No. 3288501-5604 (Capital Outlay- Vehicles) and approve an appropriation in the amount of$171,500 from Fire District Capital Reserves to Account No. 3288501-5604. BACKGROUND/ANALYSIS The Fire District has allocated funds in the FY 2013/14 budget for this purchase. The bids came in over the amount approved in the budget, so an additional appropriation is required. This unit will replace the Ladder Truck currently housed at the Jersey Fire Station. That truck was placed in service in 2002 (12-years old) and is currently at 85,000 miles. The Fire District Ladder Truck service guidelines (which are in accordance with NFPA) are to utilize a Ladder Truck as a frontline apparatus for 10-years or 100,000 miles. Fire District Ladder Trucks provide crucial personnel and equipment that is not replicated within any other apparatus in the District and is critical to accomplishing the mission of the organization. The Ladder Trucks provide 100' of aerial ladder support to the fire ground which provides access to areas unreachable with ground ladders. The Ladder Trucks also supply emergency lighting and electricity, vehicle extrication, forcible entry, technical rescue, ventilation, salvage and overhaul, breathing air supply, and it serves as an additional Paramedic response vehicle. P9 PACE 2 AWARD THE PURCHASE OF ONE 0)TRACTOR DRAWN AERIAL LADDER TRUCK With the projected increase in the amount of high-density residential development in the community as well as the existing and future commercial and industrial building stock in Rancho Cucamonga the Fire District has concluded that the best platform to provide the above services continues to be with a Tractor Drawn Aerial Ladder Truck (TDA). This new TDA will be shorter, lighter (by an estimated 10,000lbs) and more fuel efficient than the current ladder truck allowing it to more effectively serve its mission for the District. Fire District staff provided detailed specifications for one (1) Tractor Drawn Aerial Ladder Truck to the Purchasing Division. Purchasing prepared and posted formal RFP #13/14-100 to the City's automated procurement system. As a result, there were 120 vendors notified, 11 vendors downloaded the RFP documentation, and two (2) responses were received and evaluated, KME and Rosenbauer. An Evaluation Committee consisting of staff from the Fire District and Purchasing conducted a thorough analysis of the RFP responses, scored and ranked them. The consolidated scores resulted in Rosenbauer South Dakota, LLC of Lyons, South Dakota as the finalist. Therefore, staff is recommending an award to Rosenbauer South Dakota, LLC in accordance with the specifications published in RFP #13/14-102. All applicable documentation is on file in the City's electronic procurement system and can be located through the City's Internet. It should be noted that this purchase would be a departure from a long history of apparatus purchases from KME. KME has served the Fire District very well and continues to do so. However, this specification resulted in a bid process that netted an additional responsive bidder for the first time in several years. During the evaluation process questions about Rosenbauer were vetted out with representatives from their engineering, service and sales Divisions. During this process there were no findings that would disqualify Rosehbauer as a responsive bidder and their price was $120,000 less than KME. Respectfully submitted, 9Vire Mike Bell Fire Chief CITY OF RANCHO CUCAMONGA P10 Agenda Check Register 5/14/2014 through 5/27/2014 Check No. Check Date Vendor Name Amouni AP 00347392 2014/05/141 LOWES COMPANIES INC. 44.07 AP 00347392 2014/05/141 LOWES COMPANIES INC. 367.31 AP 00347392 2014/05/141 LOWES COMPANIES INC. 23.51 AP 00347272 2014/05/141 ADOBE ANIMAL HOSPITAL 50.00 AP 00347274 2014/05/141 AEI-CASC CONSULTING 20,381.58 AP 00347711 2014/05/221 CUCAMONGA VALLEY WATER DISTRICT 864.15 AP 00347278 2014/05/14 1 ALL CITIES TOOLS 171.56 AP 00347711 2014/05/22( CUCAMONGA VALLEY WATER DISTRICT • 230.44 AP 00347283 2014/05/14( ASSI SECURITY 105.00 AP 00347711 2014/05/22 CUCAMONGA VALLEY WATER DISTRICT 391.36 AP 00347711 2014/05/221 CUCAMONGA VALLEY WATER DISTRICT 268.78 AP 00347711 2014/05/22( CUCAMONGA VALLEY WATER DISTRICT 57.05 Ap 00347711 2014/05/22( CUCAMONGA VALLEY WATER DISTRICT 328.24 AP 00347294 2014/05/141 CALIFORNIA FRANCHISE TAX BOARD 50.00 AP 00347300 2014/05/14( CAPITAL ONE 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00347691 2014/05/21 l VERIZON WIRELESS- LA 21.43 AP 00347691 2014/05/21 I VERIZON WIRELESS- LA 37.09 AP 00347410 2014/05/141 NWOSU, LORETHA 17.92 AP 00347691 2014/05/211 VERIZON WIRELESS- LA 51.85 AP 00347691 2014/05/21 I VERIZON WIRELESS- LA 27.78 AP 00347691 2014/05/21 I VERIZON WIRELESS- LA 25.66 AP 00347411 2014/05/14( OFFICE DEPOT 56.00 AP 00347412 2014/05/14( ONTARIO WINNELSON CO 71.67 AP 00347412 2014/05/141 ONTARIO WINNELSON CO 701.30 AP 00347691 2014/05/21 ( VERIZON WIRELESS - LA 36.82 AP 00347413 2014/05/14( PAL CAMPAIGN 10.00 AP 00347423 2014/05/14 1 R AND R AUTOMOTIVE 171.96 AP 00347423 2014/05/14 1 R AND R AUTOMOTIVE 41.54 User: VLOPEZ-VERONICA LOPEZ Page: I Current Date: 05/28/: Report:CK AGENDA REG PORTRAIT RC- CK: Agenda Check Register Portrait Layout Time: 11:3 CITY OF RANCHO CUCAMONGA P11 Agenda Check Register 5/14/2014 through 5/27/2014 Check No. Check Date Vendor Name Amouni AP 00347392 2014/05/141 LOWES COMPANIES INC. 34.85 AP 00347392 2014/05/141 LOWES COMPANIES INC. 679.77 • AP 00347392 2014/05/141 LOWES COMPANIES INC. 19.27 AP 00347272 2014/05/141 ADOBE ANIMAL HOSPITAL 25.00 AP 00347711 2014/05/22( CUCAMONGA VALLEY WATER DISTRICT 22,746.69 AP 00347711 2014/05/22( CUCAMONGA VALLEY WATER DISTRICT 73.60 AP 00347281 2014/05/14( AMTECH ELEVATOR SERVICES 256.87 AP 00347283 2014/05/14( ASSI SECURITY 105.00 AP 00347711 2014/05/22( CUCAMONGA VALLEY WATER DISTRICT 227.20 AP 00347711 2014/05/22( CUCAMONGA VALLEY WATER DISTRICT 184.58 AP 00347711 2014/05/22( CUCAMONGA VALLEY WATER DISTRICT 358.82 AP 00347711 2014/05/22( CUCAMONGA VALLEY WATER DISTRICT 1,214.42 AP 00347711 2014/05/22( CUCAMONGA VALLEY WATER DISTRICT 212.26 AP 00347694 2014/05/21 l VIRTUAL PROJECT MANAGER INC 500.00 AP 00347300 2014/05/141 CAPITAL ONE COMMERCIAL 243.76 AP 00347300 2014/05/141 CAPITAL ONE COMMERCIAL 48.24 AP 00347722 2014/05/221 VISTA PAINT 234.06 AP 00347703 2014/05/21 l WESTERN UNIVERSITY OF HEALTH SCIENCE 55.00 AP 00347301 2014/05/141 CARQUEST AUTO PARTS 36.42 AP 00347703 2014/05/211 WESTERN UNIVERSITY OF HEALTH SCIENCE 45.00 AP 00347703 2014/05/21 ( WESTERN UNIVERSITY OF HEALTH SCIENCE 35.00 AP 00347311 2014/05/14( CITYGATE ASSOCIATES LLC 7,409.25 AP 00347320 2014/05/14( CROP PRODUCTION SERVICES INC 3.00 AP 00347325 2014/05/14 I DEPARTMENT OF CONSUMER AFFAIRS 115.00 AP 00347374 2014/05/14( INLAND VALLEY EMERGENCY PET CLINIC 7.50 AP 00347352 2014/05/14( GRAINGER _ 194.03 AP 00347691 2014/05/21 ( VERIZON WIRELESS - LA 51.85 AP 00347691 2014/05/21 ( VERIZON WIRELESS - LA 59.83 AP 00347691 2014/05/21 I VERIZON WIRELESS -LA 51.85 AP 00347404 2014/05/14( MOUNTAIN VIEW SMALL ENG REPAIR 28.03 AP 00347691 2014/05/211 VERIZON WIRELESS- LA 66.48 AP 00347691 2014/05/21 1 VERIZON WIRELESS-LA 51.85 AP 00347691 2014/05/211 VERIZON WIRELESS-LA 25.66 AP 00347411 2014/05/141 OFFICE DEPOT 60.03 AP 00347691 2014/05/21 ( VERIZON WIRELESS- LA 36.82 AP 00347691 2014/05/21 I VERIZON WIRELESS- LA 36.94 AP 00347691 2014/05/21 ( VERIZON WIRELESS-LA 36.82 AP 00347691 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00347453 2014/05/14( SOUTHERN CALIFORNIA EDISON 81.90 AP 00347453 2014/05/141 SOUTHERN CALIFORNIA EDISON 11.84 Ap 00347453 2014/05/141 SOUTHERN CALIFORNIA EDISON 95.78 AP 00347453 2014/05/141 SOUTHERN CALIFORNIA EDISON 454.13 User: VLOPEZ- VERONICA LOPEZ Page: 30 Current Date: 05/28/: Report:CK AGENDA REG PORTRAIT RC-CK: Agenda Check Register Portrait Layout Time: 11:3 CITY OF RANCHO CUCAMONGA P40 Agenda Check Register 5/14/2014 through 5/27/2014 Check No. Check Date Vendor Name Amouni AP 00347706 2014/05/22( ABC LOCKSMITHS 40.50 AP 00347687 2014/05/21 1 VERIZON CALIFORNIA 447.30 • AP 00347687 2014/05/21 ( VERIZON CALIFORNIA 28.55 AP 00347687 2014/05/21 1 VERIZON CALIFORNIA 48.74 AP 00347592 2014/05/211 INLAND PRESORT& MAILING SERVICES 61.45 AP 00347494 2014/05/151 CUCAMONGA VALLEY WATER DISTRICT 336.04 AP 00347494 2014/05/151 CUCAMONGA VALLEY WATER DISTRICT 542.23 AP 00347494 2014/05/15 ( CUCAMONGA VALLEY WATER DISTRICT 481.78 AP 00347610 2014/05/21 ( MAXWELL, MICHELLE 29.70 AP 00347622 2014/05/21 ( OCCUPATIONAL HEALTH CTRS OF CA 237.50 AP 00347624 2014/05/211 OFFICE DEPOT 1,588.03 AP 00347627 2014/05/21 ( ONTARIO WINNELSON CO 947.47 AP 00347636 2014/05/21 ( PRECISION GYMNASTICS 2,521.40 AP 00347638 2014/05/21 ( PROVO ENGINEERING 350.00 AP 00347657 2014/05/21 l SOCIAL VOCATIONAL SERVICES 2,000.00 AP 00347720 2014/05/22( MWI VETERINARY SUPPLY 919.10 AP 00347497 2014/05/15 ( EMCOR SERVICE 14,842.98 AP 00347530 2014/05/21 l CALIFORNIA SURVEYING& DRAFTING SUPPLY -2,000.00 AP 00347534 2014/05/21 l CASTILLO, FRANCISCO 414.00 AP 00347546 2014/05/21 1 CROP PRODUCTION SERVICES INC 395.82 AP 00347555 2014/05/21 1 DIAMOND ENVIRONMENTAL SERVICES 242.61 AP 00347565 2014/05/21 1 FASTENAL COMPANY 251.99 AP 00347577 2014/05/21 1 GOOD YEAR SOCCER LEAGUE 1,160.00 Ap 00347465 2014/05/141 UNITED PACIFIC SERVICES INC 3,835.00 AP 00347469 2014/05/14( UPS 1.40 AP 00347481 2014/05/14 l WESTRUX INTERNATIONAL INC 43.35 AP 00347662 2014/05/21 ( SOUTHERN CALIFORNIA EDISON 211.84 AP 00347662 2014/05/21 l SOUTHERN CALIFORNIA EDISON 24.94 AP 00347662 2014/05/21 ( SOUTHERN CALIFORNIA EDISON 25.07 AP 00347662 2014/05/21 l SOUTHERN CALIFORNIA EDISON 53.16 AP 00347662 2014/05/21 l SOUTHERN CALIFORNIA EDISON 24.24 AP 00347662 2014/05/21 1 SOUTHERN CALIFORNIA EDISON 28.04 AP 00347662 2014/05/21 1 SOUTHERN CALIFORNIA EDISON 149.51 AP 00347662 2014/05/21 1 SOUTHERN CALIFORNIA EDISON 1,518.69 AP 00347502 2014/05/15 l INTERSTATE BATTERIES 34.02 AP 00347505 2014/05/15 ( MWI VETERINARY SUPPLY 1,478.75 AP 00347453 2014/05/141 SOUTHERN CALIFORNIA EDISON 25.22 AP 00347453 2014/05/14( SOUTHERN CALIFORNIA EDISON 31.43 AP 00347453 2014/05/14( SOUTHERN CALIFORNIA EDISON 128.99 AP 00347453 2014/05/14 ( SOUTHERN CALIFORNIA EDISON 24.94 AP 00347453 2014/05/14( SOUTHERN CALIFORNIA EDISON 25.07 AP 00347453 2014/05/141 SOUTHERN CALIFORNIA EDISON 25.07 AP 00347453 2014/05/141 SOUTHERN CALIFORNIA EDISON 37.53 AP 00347453 2014/05/141 SOUTHERN CALIFORNIA EDISON 29.40 AP 00347453 2014/05/14 l SOUTHERN CALIFORNIA EDISON 75.70 User: VLOPEZ- VERONICA LOPEZ Page: 31 Current Date: 05/28/: Report:CK AGENDA REG PORTRAIT RC- CK: Agenda Check Register Portrait Layout Time: 11:3 CITY OF RANCHO CUCAMONGA P41 Agenda Check Register 5/14/2014 through 5/27/2014 Check No. Check Date Vendor Name Amount AP 00347453 2014/05/14( SOUTHERN CALIFORNIA EDISON . 76.57 AP 00347453 2014/05/14( SOUTHERN CALIFORNIA EDISON 446.40 AP 00347453 2014/05/141 SOUTHERN CALIFORNIA EDISON 165.40 AP 00347715 2014/05/22 l HOLLIDAY ROCK CO INC 456.33 AP 00347687 2014/05/21 l VERIZON CALIFORNIA 47.18 AP 00347687 2014/05/21 ( VERIZON CALIFORNIA 454.16 Ap 00347687 2014/05/21 I VERIZON CALIFORNIA 48.74 AP 00347596 2014/05/21 I JACKSON,JE'VALIAN 165.00 AP 00347601 2014/05/21 I LIEBERTCASSIDY WHITMORE 672.00 AP 00347494 2014/05/151 CUCAMONGA VALLEY WATER DISTRICT 874.58 AP 00347494 2014/05/15 l CUCAMONGA VALLEY WATER DISTRICT 4,713.81 AP 00347624 2014/05/21 ( OFFICE DEPOT 59.58 AP 00347624 2014/05/21 ( OFFICE DEPOT 156.69 AP 00347635 2014/05/21 ( PIONEER MANUFACTURING 1,700.08 AP 00347638 2014/05/21 1 PROVO ENGINEERING 300.00 Ap 00347645 2014/05/21 l RIPPETOE LAW P C 1,530.21 AP 00347667 2014/05/21 I STERLING COFFEE SERVICE 299.70 AP 00347392 2014/05/141 LOWES COMPANIES INC. 26.71 AP 00347392 2014/05/141 LOWES COMPANIES INC. 58.49 AP 00347605 2014/05/21 I MARIPOSA LANDSCAPES INC 108.00 AP 00347494 2014/05/15 1 CUCAMONGA VALLEY WATER DISTRICT 223.88 AP 00347494 2014/05/15 ( CUCAMONGA VALLEY WATER DISTRICT 3,128.28 Al, 00347619 2014/05/21 ( MUNICIPAL MAINTENANCE EQUIPMENT INC 414.40 AP 00347624 2014/05/21 ( OFFICE DEPOT 2,362.52 AP 00347632 2014/05/21 ( PERERA, MICHELLE 255.12 AP 00347638 2014/05/21 ( PROVO ENGINEERING 127.00 AP 00347650 2014/05/21 ( SAN BERNARDINO COUNTY SHERIFFS DEPT 6,114.17 AP 00347667 2014/05/21 I STERLING COFFEE SERVICE 136.49 AP 00347588 2014/05/21 ( HOOD, KARYE 41.84 AP 00347614 2014/05/21 ( MIDWEST TAPE . 187.66 AP 00347403 2014/05/141 MOUNTAIN VIEW EM PHYS MEDICAL GROUP IN 2,242.00 AP 00347579 2014/05/21 ( GRAINGER 202.15 AP 00347587 2014/05/21 ( HOME DEPOT CREDIT SERVICES 645 116.55 AP 00347472 2014/05/14( VERIZON WIRELESS - LA 38.01 AP 00347480 2014/05/14( WESTERN UNIVERSITY OF HEALTH SCIENCE 70.00 AP 00347489 2014/05/14 ( ZOETIS 441.76 AP 00347662 2014/05/21 ( SOUTHERN CALIFORNIA EDISON 25.21 AP 00347662 2014/05/21 I SOUTHERN CALIFORNIA EDISON 25.08 AP 00347662 2014/05/21 I SOUTHERN CALIFORNIA EDISON 41.09 AP 00347662 2014/05/21 ( SOUTHERN CALIFORNIA EDISON 19.78 AP 00347662 2014/05/21 ( SOUTHERN CALIFORNIA EDISON 38.35 AP 00347662 2014/05/21 ( SOUTHERN CALIFORNIA EDISON 31.83 AP 00347662 2014/05/21 ( SOUTHERN CALIFORNIA EDISON 70.81 AP 00347662 2014/05/21 ( SOUTHERN CALIFORNIA EDISON 110.82 AP 00347501 2014/05/15 ( INLAND VALLEY DAILY BULLETIN 1,566.56 User: VLOPEZ- VERONICA LOPEZ Page: 32 Current Date: 05/28/: Report:CK AGENDA REG PORTRAIT RC-CK: Agenda Check Register Portrait Layout Time: 11:3 CITY OF RANCHO CUCAMONGA P42 Agenda Check Register 5/14/2014 through 5/27/2014 Check No. Check Date Vendor Name Amouni AP 00347501 2014/05/15 I INLAND VALLEY DAILY BULLETIN 362.28 AP 00347453 2014/05/141 SOUTHERN CALIFORNIA EDISON 25.22 AP 00347453 2014/05/14 SOUTHERN CALIFORNIA EDISON 25.07 AP 00347453 2014/05/141 SOUTHERN CALIFORNIA EDISON 25.21 AP 00347453 2014/05/141 SOUTHERN CALIFORNIA EDISON 24.94 AP 00347453 2014/05/141 SOUTHERN CALIFORNIA EDISON 24.94 AP 00347453 2014/05/141 SOUTHERN CALIFORNIA EDISON 553.20 AP 00347453 2014/05/14( SOUTHERN CALIFORNIA EDISON 25.21 AP 00347453 2014/05/14( SOUTHERN CALIFORNIA EDISON 63.58 AP 00347453 2014/05/14( SOUTHERN CALIFORNIA EDISON 700.92 AP 00347453 2014/05/14( SOUTHERN CALIFORNIA EDISON 83.06 AP 00347687 2014/05/21 l VERIZON CALIFORNIA 146.29 AP 00347687 2014/05/21 ( VERIZON CALIFORNIA 91.20 Ap 00347687 2014/05/21 l VERIZON CALIFORNIA 62.86 AP 00347687 2014/05/21 l VERIZON CALIFORNIA 48.74 AP 00347687 2014/05/21 I VERIZON CALIFORNIA 90.44 AP 00347494 2014/05/151 CUCAMONGA VALLEY WATER DISTRICT 388.15 AP 00347494 2014/05/15 1 CUCAMONGA VALLEY WATER DISTRICT 265.33 AP 00347608 2014/05/21 1 MARTINEZ,ANDY 100.00 AP 00347616 2014/05/21 I MOUNTAIN VIEW SMALL ENG REPAIR 25.00 AP 00347624 2014/05/211 OFFICE DEPOT 217.37 AP 00347624 2014/05/21 ( OFFICE DEPOT • 360.61 Ap 00347630 2014/05/21 ( PEDAL SPIN STUDIO 103.95 AP 00347634 2014/05/21 I PETES ROAD SERVICE INC 513.41 AP 00347638 2014/05/21 ( PROVO ENGINEERING 190.00 AP 00347646 2014/05/21 ( ROBLES, RAUL P 135.00 AP 00347668 2014/05/21 1 STOTZ EQUIPMENT 401.26 AP 00347573 2014/05/21 ( GALE/CENGAGE LEARNING 32.76 AP 00347666 2014/05/21 ( SPECIALTY TECHNICAL PUBLISHERS 609.00 AP 00347400 2014/05/14 ( MIDWEST TAPE 339.97 AP 00347695 2014/05/21 l VISION SERVICE PLAN CA 10,819.40 AP 00347711 2014/05/221 CUCAMONGA VALLEY WATER DISTRICT 83.55 AP 00347703 2014/05/21 I WESTERN UNIVERSITY OF HEALTH SCIENCE 25.00 AP 00347703 2014/05/21 I WESTERN UNIVERSITY OF HEALTH SCIENCE 35.00 AP 00347703 2014/05/21 I WESTERN UNIVERSITY OF HEALTH SCIENCE 25.00 AP 00347304 2014/05/141 CD PROPERTY SERVICES 125.00 AP 00347703 2014/05/21 I WESTERN UNIVERSITY OF HEALTH SCIENCE 10.00 AP 00347309 2014/05/14( CINTAS CORP. #150 16.50 Ap 00347335 2014/05/14( ETIWANDA SCHOOL DISTRICT 843.00 AP 00347375 2014/05/14( INTERACTIVE DATA CORPORATION 110.23 AP 00347379 2014/05/14 1 JONES AND MAYER, LAW OFFICES OF 8,332.86 AP 00347691 2014/05/211 VERIZON WIRELESS- LA 38.01 AP 00347358 2014/05/14( HERITAGE EDUCATION GROUP 989.00 AP 00347691 2014/05/21 I VERIZON WIRELESS- LA 36.82 AP 00347691 2014/05/211 VERIZON WIRELESS- LA 37.82 User: VLOPEZ- VERONICA LOPEZ Page: 33 Current Date: 05/28/; Report:CK AGENDA REG PORTRAIT RC-CK: Agenda Check Register Portrait Layout Time: 11:3 CITY OF RANCHO CUCAMONGA P43 Agenda Check Register 5/14/2014 through 5/27/2014 Check No. Check Date Vendor Name Amouni AP 00347691 2014/05/21 ( VERIZON WIRELESS - LA 51.85 AP 00347691 2014/05/21 ( VERIZON WIRELESS -LA 42.00 Ap 00347691 2014/05/21 ( VERIZON WIRELESS - LA 51.85 AP 00347691 2014/05/21 ( VERIZON WIRELESS -LA 99.18 AP 00347416 2014/05/14( PENNYSAVER USA PUBLISHING LLC 971.09 AP 00347423 2014/05/14( R AND R AUTOMOTIVE 353.80 AP 00347424 2014/05/14( RANCHO REGIONAL VETERINARY HOSPITAL IN 514.72 AP 00347429 2014/05/14( RICHARDS WATSON AND GERSHON 1,274.00 AP 00347439 2014/05/14 1 SEGWAY ORANGE COUNTY 645.90 AP 00347512 2014/05/21 1 ADVANCED UTILITY SYSTEMS CORP. 700.00 AP 00347516 2014/05/21 ( ALL CITY MANAGEMENT SERVICES INC. 20,032.39 AP 00347499 2014/05/15 1 HOLLIDAY ROCK CO INC 854.82 AP 00347499 2014/05/151 HOLLIDAY ROCK CO INC 150.00 AP 00347533 2014/05/21 1 CARTY, DIANE 612.00 AP 00347543 2014/05/21 1 CONTACT SECURITY INC 7,063.31 AP 00347546 2014/05/21 1 CROP PRODUCTION SERVICES INC 362.05 AP 00347546 2014/05/21 1 CROP PRODUCTION SERVICES INC 182.65 AP 00347561 2014/05/21 l ENVISIONWARE INC. 1,127.95 AP 00347427 2014/05/14( RED WING SHOE STORE 184.66 AP 00347392 2014/05/14( LOWES COMPANIES INC. 50.33 EP 00004310 2014/05/14( SAN BERNARDINO CTY SHERIFFS DEPT 194,997.13 EP 00004307 2014/05/14( CITIGROUP ENERGY INC 165,788.80 EP 00004315 2014/05/21 ( RIVERSIDE,CITY OF 6,052.00 EP 00004306 2014/05/14( CALIF GOVERNMENT VEBA/RANCHO CUCAMOI 7,550.00 EP 00004314 2014/05/21 ( CHAFFEY JOINT UNION HS DISTRICT 478.80 EP 00004310 2014/05/14( SAN BERNARDINO CTY SHERIFFS DEPT -247,080.56 EP 00004314 2014/05/21 1 CHAFFEY JOINT UNION HS DISTRICT 546.12 EP 00004316 2014/05/21 1 VIASYN INC 3,232.00 EP 00004306 2014/05/141 CALIF GOVERNMENT VEBA/RANCHO CUCAMOI 1,500.00 EP 00004310 2014/05/141 SAN BERNARDINO CTY SHERIFFS DEPT 8,861.48 EP 00004310 2014/05/141 SAN BERNARDINO CTY SHERIFFS DEPT 2,376,510.86 EP 00004312 2014/05/211 AECOM 6,278.36 EP 00004310 2014/05/14 I SAN BERNARDINO CTY SHERIFFS DEPT 12,579.14 EP 00004309 2014/05/14 RCPFA 9,344.26 EP 00004314 2014/05/21 I CHAFFEY JOINT UNION HS DISTRICT 648.72 • Total for Entity: 4,175,553.63 • User: VLOPEZ- VERONICA LOPEZ Page: 34 Current Date: 05/28/: Report:CK AGENDA REG PORTRAIT RC-CK: Agenda Check Register Portrait Layout Time: 11:3 P44 STAFF REPORT I , CITY CLERK'S OFFICE • L� M RANCHO Date: June 4, 2014 C;UCAMONGA To: President and Members of the Fire Board Mayor and Members of the City Council John R. Gillison, City Manager, Executive Director/City Manager From: Debra L. McNay, MMC, Assistant City Clerk/Records Manager Subject: APPROVAL TO PROCEED WITH THE BIENNIAL REVIEW OF THE CONFLICT OF INTEREST CODE FOR THE FIRE PROTECTION DISTRICT AND CITY COUNCIL RECOMMENDATION: It is recommended the Fire Board/City Council direct staff to proceed with the biennial review of their Conflict of Interest Code. BACKGROUND/ANALYSIS: Pursuant to the Political Reform Act, all local governments and agencies must update their Conflict of Interest Code in 2012. Prior to July 1, 2014, all Fire District/City staff will be notified of the pending update and will be requested to review any changes to designated positions, such as changes in title or duties, or creation or elimination of positions. Pursuant to state law, after a thorough review has been made, the City Clerk's office will bring this item back to the Fire Board/City Council prior to October 1, 2014 to propose any appropriate amendments as needed. If amendments are needed, they must be approved by the Fire Board/Successor Agency/City Council prior to December 30, 2014. Should you have any questions, please do not hesitate to contact me. Respectfully submitted, Di2X re L. McNay, MMC Assistant City Clerk/Records Manager P45 ibs'4714 STAFF REPORT tis CITY MANAGER'S OFFICE L4.. RANCHO Date: June 4, 2014 CUCAMONGA To: Mayor and Members of the City Council John Gillison, City Manager By: Anthony Onodera, Chief of Police Subject: AUTHORIZATION FOR THE TRANSFER OF TWO (2) ALLMAND BROTHERS NIGHT-LITE PRO PORTABLE LIGHT TRAILERS, ONE (1) ADVANCE SAFETY PRODUCTS MESSAGE MASTER SIGN TRAILER, AND ONE (1) ZIEMAN MODEL. 1165 UTILITY TRAILER RECOMMENDATION It is recommended that the City Council authorize the transfer of two (2) Allmand Brothers Night-Lite portable light trailers, one (1) Advance Safety Products Message Master sign trailer, and one (1) Zeiman utility trailer to facilitate its use by the County of San Bernardino for Police Department Services. BACKGROUND The City previously purchased the various trailers in order to assist the San Bernardino County Sheriff's Department in conducting various law enforcement activities within Rancho Cucamonga. The two light tower trailers are utilized for illuminating DUI checkpoints, incident command areas, and special events. The message trailer is used for traffic control during major incidents and the utility trailer is used for transporting barricades and signage. The request to transfer the two light trailers, sign trailer, and utility trailer to the San Bernardino County Sheriffs Department for liability requirements will alleviate the City from liability while the trailers are in use under the ownership of the County of San Bernardino Sheriff's Department. At the end of their service life, the vehicles and trailer will be transferred from the Sheriff's Department back to the City of Rancho Cucamonga for proper surplus disposition. Respectfully, Anthony Onodera Chief of Police P46 STAFF REPORT PUBIC WORKS SERVICES i�raP,�irrnirn r �I�� Date: June 4, 2014 To: Mayor and Members of the City Council RANCHO John R. Gillison, City Manager C,UCAMONGA From: William Wittkopf, Public Works Services Director By: Ty Quaintance, Facilities Superintendent Kenneth Fung, Assistant Engineer Subject: ACCEPT THE BIDS RECEIVED, AWARD AND AUTHORIZE THE EXECUTION OF A CONTRACT IN THE AMOUNT OF $11,950.00 FOR THE "VICTORIA GARDENS CULTURAL CENTER WALL TILE REPLACEMENT PROJECT" TO THE LOWEST RESPONSIVE • BIDDER, TORGA ELECTRIC, OF SAN BERNARDINO AND AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $1,195.00 TO BE FUNDED FROM ACCOUNT NO. 1025001-5650/1890025-0 (CAPITAL RESERVE) RECOMMENDATION It is recommended that the City Council accept the bids received, award and authorize the execution of a contract in the amount of $11,950.00 for the "Victoria Gardens Cultural Center Wall Tile Replacement Project" to the lowest responsive bidder, Torga Electric, of San Bernardino and authorize the expenditure of a 10% contingency in the amount of$1,195.00, to be funded from Account No. 1025001-5650/1890025- 0 (Capital Reserve). BACKGROUND/ANALYSIS The City Council approved the plans and specifications and authorized the City Clerk to advertise the "Notice Inviting Bids" for the "Victoria Gardens Cultural Center Wall Tile Replacement Project" during the April 16, 2014 meeting. Originally constructed in 2006, portions of the exterior tile along the east side of the library building are in need of repair and replacement due to weathering of the elastomeric joint sealant along the tile edge. This has allowed water intrusion which caused the failure of the tile attachment. A section of exterior tile has separated from the building and must be replaced. During Fiscal Year 14/15, the City will select a consultant to evaluate the existing condition of all the exterior elastomeric joint seals and expansion joints surrounding the Cultural Center. This is a proactive move to prevent additional tile separations. The consultant will also prepare the bid specifications and an engineer's estimate for any needed repairs. Three (3) bids for this project were opened at 2:00 p.m. on Tuesday, May 23, 2014 (see attached Bid Summary). Staff has completed the required background investigation and finds that the lowest responsive bidder, Torga Electric has met the requirements of the bid documents. The project is scheduled to be completed within thirty (30) working days. Resp- tfully s •mitt'., Sr ,%a William Wittkopf • Public Works Services Director Attachment WW:TQ/kf P47 May 1, 2014 Victoria Gardens Cultural Center Wall Tile Replacement Project Summary of Bids Oakview Bid Torga Constructors, Item Description Qty Unit Electric Inc. JDC, Inc. (apparent low bidder) 1 Tile Removal and Replacement 1 LS $11,950.00 $14,680.00 $23,380.00 TOTAL= $11,950.00 $14,680.00 $23,380.00 P48 CLM7(9/' STAFF REPORT y ENGINEERING SERVICES DEPARTMENT L� RANCHO Date: June 4, 2014 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: Jerry A. Dyer, Principal Civil Engineer Subject: APPROVAL OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE AMENDED MEASURE "I" FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM FOR THE EXPENDITURE OF MEASURE "I" FUNDS COVERING FISCAL YEARS 2013/2018 RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving the amended Local Measure "I" Five-Year Capital Improvement Program for the expenditure of Measure "I" funds covering fiscal years 2013/2018 as requested by SANBAG to provide a public record of the intended use of Local Measure "I" Funds. BACKGROUND/ANALYSIS Measure "I", the county-wide transportation sales tax program, requires that each local jurisdiction receiving revenues annually adopt a Five-Year Capital Improvement Program which outlines the specific projects upon which those funds shall be expended. Also, each local jurisdiction is required to amend the program to adjust for changes as they become apparent. Staff chooses to amend the program at the end of each fiscal year to catch any projects that may have been added, account for the estimated actual expenditures and adjust the plan as necessary for the upcoming budget year. Therefore, staff has prepared the attached amended program to be adopted by City Council and kept on file with the San Bernardino Associated Governments for informational purposes. The Five-Year list has been over-programmed to allow for spillage and to insure that the adopted plan contains ample projects for Measure "I" expenditures. In addition, no more than 50% of the estimated annual revenue went to categorical expenditures in the plan or general program categories. A general program category is a program of work without any identified streets/locations. If changes are necessary (additions or deletions), the plan may be altered at each annual adoption or intermittently with City Council approval. Respectfull submitted, Mark A. Steuer Director of Engineering Services/City Engineer MAS/JAD:Is Attachment P49 RESOLUTION NO. 14-099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE AMENDED MEASURE "I" FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM COVERING FISCAL YEARS 2013/2018 FOR THE EXPENDITURE OF MEASURE "I" FUNDS WHEREAS, San Bernardino County voters approved passage of Measure "I" 1990-2010 in November, 1989 and renewed as Measure "I" 2010-2040 in November 2004 authorizing San Bernardino Associated Governments, acting as the San Bernardino County Transportation Authority, to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 89-1 of Authority; and WHEREAS, Expenditure plans of the Ordinance requires each local jurisdiction receiving revenue from the tax to expend those funds pursuant to a Capital Improvement Program and Improvement Plan Expenditure Strategy adopted by resolution of the local jurisdiction; and WHEREAS, Expenditure Plans of the Ordinance also require that each local jurisdiction annually adopt and update its Capital Improvement Plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga, State of California, hereby adopts the amended Measure "I" Five-Year Capital Improvement Program, a copy of which is attached to this resolution. Resolution No. 14-099 - Page 1 , 888 m m u, AC.iN -+ 5 ` fn•O g n s>a� mmTTTm e x a 1 g z �'- ' H 000 m W 55' ,1- 5.0• a it t o Q1 �Q} c c $$� g 5. ",z cDicoo c c i1 m m m n o n D DDA a magyjo BEI 111 71 ;im z z 5_ m 1J_ o. m0 v c c RF ma m � O a s m W 3 a p.0 v m � 3 41 tD "0-, a 8 � m 3 '11c I1Ji!11111 (UUP m o m '� a a r g0; - dja g SggggTg�� Z rn m Um�j � a m � WCIOCa _ll$ s lim n > Q m �v . '� - m go 64.— o gg' s g��5- m : P51 STAFF REPORT ' h COMMUNITY SERVICES DEPARTMENT 14sei Date: June 4, 2014 RANCHO CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Nettie Nielsen, Community Services Director By: Christen Mitchell, Management Analyst I A Subject: APPROVE THE PURCHASE AND INSTALLATION OF PLAY EQUIPMENT FROM LANDSCAPE STRUCTURES, INC. FOR THE COYOTE CANYON PARK PLAYGROUND, UTILIZING A COMPETITIVELY BID COOPERATIVE AGREEMENT AWARDED BY HOUSTON-GALVESTON AREA COUNCIL (HGAC CONTRACT NO. PR 11-12), AND AUTHORIZE THE EXPENDITURE OF $149,711.68 PLUS $288.32 CONTINGENCY TO BE FUNDED FROM ACCOUNT NUMBER 1134303-5650/1859134-0 (LMD 4R — COYOTE CANYON). RECOMMENDATION It is recommended that the City Council approve the purchase and installation of play equipment from Landscape Structures, Inc., for the Coyote Canyon Park Playground utilizing a competitively bid cooperative agreement awarded by Houston-Galveston Area Council (HGAC Contract No. PR 11-12) and authorize the expenditure of $149,711.68 plus a contingency in the amount of$288.32. BACKGROUND/ANALYSIS Due to a combination of continual and heavy use from regular park users, it is necessary to replace the existing play equipment and rubber surfacing at Coyote Canyon Park, which was originally installed in 1986 and last updated in 2005. The existing structures have been evaluated by Landscape Structures representatives, and it has been determined that all structures will be replaced with new equipment utilizing the HGAC Contract No. PR 11- 12 to provide compliance with Americans with Disabilities Act (ADA), as well as current Consumer Product Safety Commission (CPSC) guidelines. Respectfully submitted, h.O �a Nettie Nielsen Community Services Director P52 Parks &Recreation Equipment Page 1 of 4 A CONTRACT BETWEEN HOUSTON-GALVESTON AREA COUNCIL Houston,Texas AND LANDSCAPE STRUCTURES INC. Delano,Minnesota This Contract is made and entered into by the Houston-Galveston Area Council of Governments,hereinafter referred to as H-GAC, having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027, AND, Landscape Structures Inc. hereinafter referred to as the CONTRACTOR,having its principal place of business at 601 71°Street South, Delano,Minnesota 55328. ARTICLE I: SCOPE OF SERVICES The parties have entered into a Parks&Recreation Equipment Contract to become effective as of November 1,2012,and to continue through October 31,2014(the"Contract"),subject to extension upon mutual agreement of the CONTRACTOR and H-GAC. H-GAC enters into the Contract as Agent for participating governmental agencies,each hereinafter referred to as END USER,for the purchase of Parks&Recreation Equipment offered by the CONTRACTOR. The CONTRACTOR agrees to sell Parks&Recreation Equipment through the H-GAC Contract to END USERS. ARTICLE 2; THE COMPLETE AGREEMENT The Contract shall consist of the documents identified below in order of precedence: 1. The text of this Contract fonn,including but not limited to,Attachment A 2. General Terns and Conditions 3. Bid Specifications No: PRI1-12,including any relevant suffixes 4. CONTRACTOR's Response to Bid No: PR11-12,including but not limited to,prices and options offered All of which are either attached hereto or incorporated by reference and hereby made a part of this Contract, and shall constitute the complete agreement between the parties hereto.This Contract supersedes any and all oral or written agreements between the parties relating to matters herein. Except as otherwise provided herein,this Contract cannot be modified without the written consent of both parties. ARTICLE 3: LEGAL AUTHORITY CONTRACTOR and H-GAC warrant and represent to each other that they have adequate legal counsel and authority to enter into this Contract. The governing bodies,where applicable,have authorized the signatory officials to enter into this Contract and bind the parties to the terms of this Contract and any subsequent amendments thereto. ARTICLE 4; APPLICABLE LAWS The parties agree to conduct all activities under this Contract in accordance with all applicable rules,regulations, directives, issuances, ordinances,and laws in effect or promulgated during the term of this Contract. ARTICLE 5; INDEPENDENT CONTRACTOR. The execution of this Contract and the rendering of services prescribed by this Contract do not change the independent status of H-GAC or CONTRACTOR. No provision of this Contract or act of H-GAC in performance of this Contract shall be construed as making CONTRACTOR the agent, servant or employee of H-GAC, the State of Texas or the United States Government. Employees of CONTRACTOR are subject to the exclusive control and supervision of CONTRACTOR. CONTRACTOR is solely responsible for employee payrolls and claims arising therefrom. ARTICLE 6: );ND USER AGREEMENTS H-GAC acknowledges that the END USER may choose to enter into an End User Agreement with the CONTRACTOR through this Contract and that the term of said Agreement may exceed the term of the H-GAC Contract. However this acknowledgement is not to be construed as H-GAC's endorsement or approval of the End User Agreement terms and conditions. CONTRACTOR agrees not to offer to, agree to or accept from END USER any terms or conditions that conflict with or contravene those in CONTRACTOR'S H-GAC contract. Further,termination of this Contract for any reason shall not result in the termination of the underlying End User Agreements entered into between CONTRACTOR and any END USER which shall,in each instance,continue pursuant to their stated terms and duration.The only effect of termination of this Contract is that CONTRACTOR will no lounger be able to enter into any new End User Agreements with END USERS pursuant to this Contract. Applicable H-GAC order processing charges will be due and payable to H-GAC on any End User Agreements surviving termination of this Contract between H-GAC and CONTRACTOR. H:\CONTRACIS\Parks&recreation Equipment\Landscape Stmctures Inc.\PR11-12.11 P53 Parks &Recreation Eaainment Page 2 of 4 ARTICLE 7; SUBCONTRACTS&ASSIGNMENTS CONTRACTOR agrees not to subcontract,assign,transfer,convey,sublet or otherwise dispose of this Contract or any right,title,obligation or interest it may have therein to any third party without prior written notice to H-GAC. H-GAC reserves the right to accept or reject any such change. CONTRACTOR shall continue to remain responsible for all performance under this Contract regardless of any subcontract or assignment. H-GAC shall be liable solely to CONTRACTOR and not to any of its Subcontractors or Assignees. ARTICLE&, EXAMINATION AND RETENTION OF CONTRACTOR'S RECORDS CONTRACTOR shall maintain during the course of its work,complete and accurate records of items that are chargeable to END USER under this Contract. H-GAC,through its staff or its designated public accounting firm,the State of Texas,or the United States Government shall have the right at any reasonable time to inspect copy and audit those records on or off the premises of CONTRACTOR. Failure to provide access to records may be cause for termination of this Contract. CONTRACTOR shall maintain all records pertinent to this Contract for a period of not less than five(5)calendar years from the date of acceptance of the final contract closeout and until any outstanding litigation,audit or claim has been resolved. The right of access to records is not limited to the required retention period,but shall last as long as the records are retained. CONTRACTOR further agrees to include in all subcontracts under this Contract,a provision to the effect that the subcontractor agrees that H-GAC'S duly authorized representatives,shall,until the expiration of five(5)calendar years after final payment under the subcontract or until all audit findings have been resolved,have access to,and the right to examine and copy any directly pertinent books,documents,papers, invoices and records of such subcontractor involving any transaction relating to the subcontract. ARTICLE 9: REPORTING REOUIREMENTS CONTRACTOR agrees to submit reports or other documentation in accordance with the General Terms and Conditions of the Bid Specifications. If CONTRACTOR fails to submit to H-GAC in a timely and satisfactory manner any such report or documentation,or otherwise fails to satisfactorily render performance hereunder,such failure may be considered cause for termination of this Contract. ARTICLE 10: MOST FAVORED CUSTOMER CLAUSE If CONTRACTOR,at any time during this Contract,routinely enters into agreements with other governmental customers within the State of Texas,and offers the same or substantially the same products/services offered to H-GAC on a basis that provides prices,warranties, benefits,and or terms more favorable than those provided to H-GAC,CONTRACTOR shall notify H-GAC within ten(I0)business days thereafter of that offering and this Contract shall be deemed to be automatically amended effective retroactively to the effective date of the most favorable contract,wherein CONTRACTOR shall provide the same prices,warranties,benefits,or terms to H-GAC and its END USER. H-GAC shall have the right and option at any time to decline to accept any such change,in which case the amendment shall be deemed null and void. If CONTRACTOR is of the opinion that any apparently more favorable price,warranty,benefit,or term charged and/or offered a customer during the term of this Contract is not in fact most favored treatment, CONTRACTOR shall within ten(10) business days notify H-GAC in writing,setting forth the detailed reasons CONTRACTOR believes aforesaid offer which has been deemed to be a most favored treatment, is not in fact most favored treatment. H-GAC,after due consideration of such written explanation,may decline to accept such explanation and thereupon this Contract between H-GAC and CONTRACTOR shall be automatically amended, effective retroactively,to the effective elate of the most favored agreement,to provide the same prices,warranties,benefits,or terms to H- GAC. The Parties accept the following definition of routine:A prescribed,detailed course of action to be followed regularly;a standard procedure. EXCEPTION: This clause shall not be applicable to prices and price adjustments offered by a bidder,proposer or contractor,which are not within bidder's/proposer's control(example; a manufacturer's bid concesstoiJ, or to any prlres ofe tiro tlre-rederat Government and Its agencies. ARTICLE SEVERABILITY All parties agree that should any provision of this Contract be determined to be invalid or unenforceable,such determination shall not affect any other term of this Contract,which shall continue in full force and effect. ARTICLE 12: DISPIh$ Any and all disputes concerning questions of fact or of law arising under this Contract,which are not disposed of by agreement,shall be decided by the Executive Director of H-GAC or his designee,who shall reduce his decision to writing and provide notice thereof to CONTRACTOR. The decision of the Executive Director or his designee shall be final and conclusive unless,within thirty(30)days from the date of receipt of such notice,CONTRACTOR requests a rehearing from the Executive Director of H-GAC. In connection with any rehearing under this Article, CONTRACTOR shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive. CONTRACTOR may,if it elects to do so,appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, CONTRACTOR shall proceed diligently with the performance of this Contract and in accordance with H-GAC'S final decision. H:\CONTRACrSV'arks&recreation Equipment\Landscape Structures tnc.\PRI 1-12.1 I P54 Parks &Recreation Equipment Page 3 of 4 ARTICLE 13: LIMITATION OF CONTRACTOR'S LIABILITY Except as specified in any separate writing between the CONTRACTOR and an END USER,CONTRACTOR's total liability under this Contract,whether for breach of contract,warranty,negligence,strict liability,in tort or otherwise,but excluding its obligation to indemnify H-GAC described in Article 14,is limited to the price of the particular products/services sold hereunder,and CONTRACTOR agrees either to refund the purchase price or to repair or replace product(s)that are not as warranted. In no event will CONTRACTOR be liable for any loss of use,loss of time,inconvenience,commercial loss,lost profits or savings or other incidental,special or consequential damages to the full extent such use may be disclaimed by law. CONTRACTOR understands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amounts determined by H-CAC,its independent auditors,or any agency of State or Federal government to have been paid in violation of the terms of this Contract. ARTICLE 14: LIMIT OF H-GAC'S LIABILITY AND INDEMNIFICATION OF H-GAC H-GAC's liability under this Contract,whether for breach of contract,warranty,negligence,strict liability,in tort or otherwise,is limited to its order processing charge. In no event will H-GAC be liable for any loss of use,loss of time,inconvenience,commercial loss,lost profits or savings or other incidental,special or consequential damages to the full extent such use may be disclaimed by law. Contractor agrees,to the extent permitted by law,to defend and hold hannless H-GAC,its board members,officers,agents,officials,employees,and indemnities from any and all claims,costs,expenses(including reasonable attorney fees),actions,causes of action,Judgments,and liens arising as a result of CONTRACTOR's negligent act or omission under this Contract. CONTRACTOR shall notify H-GAC of the threat of lawsuit or of any actual suit filed against CONTRACTOR relating to this Contract. ARTICLE 15: TERMINATION FOR CAUSE H-GAC may terminate this Contract for cause based upon the failure of CONTRACTOR to comply with the terms and/or conditions of the Contract;provided that H-GAC shall give CONTRACTOR written notice specifying CONTRACTOR'S failure. If within thirty(30) days after receipt of such notice, CONTRACTOR shall not have either corrected such failure, or thereafter proceeded diligently to complete such correction,then H-GAC may,at its option,place CONTRACTOR in default and the Contract shall terminate on the date specified in such notice. CONTRACTOR shall pay to H-GAC any order processing charges due from CONTRACTOR on that portion of the Contract actually performed by CONTRACTOR and for which compensation was received by CONTRACTOR. ARTICLE 16: TERMINATION FOR CONVENIENCE Either H-GAC or CONTRACTOR may cancel or terminate this Contract at any time by giving thirty(30)days written notice to the other. CONTRACTOR may be entitled to payment from END USER for services actually performed;to the extent said services are satisfactory to END USER.CONTRACTOR shall pay to H-GAC any order processing charges due from CONTRACTOR on that portion of the Contract actually performed by CONTRACTOR and for which compensation is received by CONTRACTOR. ARTICLE 17: CIVIL AND CRIMINAL PROVISIONS AND SANCTIONS CONTRACTOR agrees that it will perform under this Contract in conformance with safeguards against fraud and abuse as set forth by H-GAC,the State of Texas,and the acts and regulations of any funding entity.CONTRACTOR agrees to notify H-GAC of any suspected fraud,abuse or other criminal activity related to this Contract through filing oft written report promptly after it becomes aware of such activity. ARTICLE 18: GOVERNING LAW&VENUE This Contract shall be governed by the laws of ihe_State of Texas. Venue and jurisdiction of any snit orrauce of arttnn arteingm,nder or in- connection with this Contract shall lie exclusively in Harris County,Texas. Disputes between END USER and CONTRACTOR are to be resolved in accord with the law and venue rules of the state of purchase. CONTRACTOR shall immediately notify H-GAC of such disputes. ARTICLE 19: PAYMENT OF H-CAC ORDER PROCESSING CHARGE CONTRACTOR agrees to sell its products to END USERS based on the pricing and other terms of this Contract, including,but not limited to,the payment of the applicable H-GAC order processing charge. On notification from an END USER that an order has been placed with CONTRACTOR,H-GAC will invoice CONTRACTOR for the applicable order processing charge.Upon delivery of any product/service by CONTRACTOR and acceptance by END USER,CONTRACTOR shall,within thirty(30)calendar days or ten(10) business days after receipt of payment,whichever is less,pay H-GAC the full amount of the applicable order processing charge,whether or not CONTRACTOR has received an invoice from H-GAC. For sales made by CONTRACTOR based on this contract,including sales to entities without hnerlocal Contracts, CONTRACTOR shall pay the applicable order processing charges to H-GAC. Further, CONTRACTOR agrees to encourage entities who are not members of H-GAC's Cooperative Purchasing Program to execute an H-GAC hnterlocal Contract. H-GAC reserves the right to take appropriate actions including, but not limited to, contract termination if CONTRACTOR fails to promptly remit H-GAC's order processing charge. In no event shall H-GAC have any liability to CONTRACTOR for any goods or services an END USER procures from CONTRACTOR. H\CONTRACTSIParls&recreation Equipment u.andscape Structures Inc.WR11-12.11 P55 Parks& Recreation Equipment Page 4 of 4 ARTICLE 20: LIOUIDATED DAMAGES Any liquidated damages terms will be determined between CONTRACTOR and END USER at the time END USER's purchase order is placed. ARTICLE 21; PERFORMANCE BONDS FOR INDIVIDUAL ORDERS Except as described below for fire apparatus,CONTRACTOR agrees to provide a Performance Bond at the request of END USER within ten(10)days of receipt of END USER's purchase order. It shall be standard procedure for every order received for fire apparatus that a Performance Bond in the amount of the order be provided to the END USER. Failure of CONTRACTOR to provide such performance bond within ten(10)days of receipt of END USER's order may constitute a total breach of contract and shall be cause for cancellation of the order at END USER's sole discretion. END USER may choose to delete the requirement for a Performance Bond at END USER's sole discretion. If the bond requirement is waived,END USER shall be entitled to a price reduction commensurate with the cost that would have been incurred by CONTRACTOR for the bond. ARTICLE 22: CHANGE OF CONTRACTOR STATUS CONTRACTOR shall immediately notify H-CAC,in writing,of ANY change in ownership,control,dealership/franchisee status,Motor Vehicle license status,or name,and shall also advise whether or not this Contract shall be affected in any way by such change. H-GAC shall have the right to determine whether or not such change is acceptable,and to determine what action shall be warranted,up to and including cancellation of Contract. ARTICLE 23; LICENSING REOUIRED BY TEXAS MOTOR VEHICLE BOARD JIFAPPL/CABLE] CONTRACTOR will for the duration of this Contract maintain current licenses that are required by the Texas Motor Vehicle Commission Code.If at any time during this Contract period,any CONTRACTOR'S license is not renewed,or is denied or revoked,CONTRACTOR shall be deemed to be in default of this Contract unless the Motor Vehicle Board issues a stay or waiver. Contractor shall promptly provide copies of all current applicable Texas Motor Vehicle Board documentation to H-GAC upon request. IN WITNESS WHEREOF,the parties have caused this Contract to be executed by their duly authorized representatives. Signed for Houston-Galveston Area Council,Houston,Texas: / 1vaCh ,, f'xi ve Director V ' fI�LCGGGQAU/��Ny Attest for Houston-Galveston .>�v 6 ./�) Area Council,Houston,Texas: t� /.,��,(� / Deidre Vick,Director of P rbiic Services-rfN9/A�'ri'-i') Date: � ' ,20 0. Signed for Landscape Structures Inc. Delano,Minnesota: �li Printed Name&Title: Fred Caslavka,CFO ' Date:7C f h Inv 2o 20i; Attest for Landscape Structures Inc. p ` y/!� Delano,Minnesota: abild, . // Late/Li/ Printed Milne&Title: Elaine Harkess, Contract Administrator Date: 910 .20Jj-- H:\CONTRACTS\Parks&recreation Equipment\Landscape Structures Inc.\PRI1-12.1 t P56 Attachment A Landscape Structures Inc. Parks & Recreation Equipment Contract No.: P1111-12 Applicable items are the catalogs and associated price books described in the table below,as well any options priced in Offeror's response. HGAC MFGR CATALOG DISCOUNT CODE. OFF LIST PR29 Landscape Structures,Inc. 2012 Landscape Structures Park& 6.00% Playground Equipment Catalog PR52 PlaySense(Landscape Structures,Inc.) 2012 PlaySense Catalog 6.00% PR65 Skatewave(Landscape Structures,Inc.) 2012 Skatewave Catalog 6.00% Page I of I P57 STAFF REPORT L ENGINEERING SERVICES DEPARTMENT is RANCHO Date: June 4, 2014 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: Willie Valbuena, Assistant Engineer Subject: APPROVAL OF REVISED MAP FOR TRACT 18122, LOCATED ON THE EAST SIDE OF EAST AVENUE, NORTH OF THE FOOTHILL FREEWAY (SR-210), SUBMITTED BY KB HOME COASTAL INC., A CALIFORNIA CORPORATION RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving the revised Final Map for Tract 18122 and authorizing the City Clerk to cause said map to record. BACKGROUND/ANALYSIS Tentative Tract Map SUBTT18122, located on the east side of East Avenue, north of the Foothill Freeway (SR-210), in the Very Low (VL) Residential District, Etiwanda Specific Plan, was approved by the Planning Commission on November 9, 2011. This project is for a residential subdivision of 76 single family lots on 53 acres of land. The final map, improvement agreement and improvement securities were approved by the City Council last April 16, 2014. However, the County Recorder's office rejected the map for recordation and a revision needs to be done on the Title Sheet of the map. The revision is a minor clarification and does not impact the original intent of the final map. The revision was done under the Rancho Cucamonga City Council Certificate and is being presented now for approval. Respectfully submitted, Director of Engineering Services/City Engineer MAS/WAV/rlf Attachment P58 City of Rancho Cucamonga Engineering Division Vicinity Map 2 > Q z Z ca N Cc O y p m WILSON AVE. WILSON AVE. a ui o �pS� Q 2 0 w BANYAN ST. ETIWANDA CREEK v 1- BLUE GUMpR CASSIA ST. / .-. CHEROKEE PROJECT LOCATION '/ F DR. ARpp: • CHICKASAW:` 4 HMI RD. RD. _ �—��.210 -5.-'-0 MUELLER CT. �"'� ° HIGHLAND AVE. 2,2 o AVE. 1 ui co ,, o VICTORIA ST. w VICTORIA ST 4,10 2 I w w a AIA BASELINEAVE. ce- BASELINE AVE. N I W _©— E I S Item: TRACT / 8/22 Title: VICINITY MAP P59 RESOLUTION NO. 14-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE REVISED FINAL MAP FOR TRACT 18122 WHEREAS, Tentative Tract Map 18122, submitted by KB Home Coastal Inc., a California Corporation and consisting of a subdivision of 53 acres of land into 76 single family lots, located on the east side of East Avenue, north of the Foothill Freeway (SR-210), was approved by the Planning Commission on November 9, 2011; and WHEREAS, Tract Map 18122 is the final map of the division of land approved on April 16, 2014 as shown on the Tentative Tract Map; and WHEREAS, all the requirements established as prerequisite to approval of the installation of public street improvements by the City Council of said City have been met by posting the Improvement Securities and Monumentation Cash Deposit on April 16, 2014, by KB Home Coastal Inc., a California Corporation, as developer; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES that said revised Tract Map 18122 be and the same is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. Resolution No. 14-100 - Page 1 P60 • cite4 STAFF REPORT it ENGINEERING SERVICES DEVELOPMENT L% Date: June 4, 2014 RANG HO UCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Engineering Services Director/City Engineer By: Dan James, Senior Civil Engineer Tiffany Cooper, Management Analyst II Subject: ACCEPT DEVELOPMENT IMPACT FEE (DIF) STUDY BY COLGAN CONSULTING CORPORATION DATED APRIL 22, 2014; CONSIDERATION AND RECOMMENDATION TO ADOPT ORDINANCE NO. 865 ESTABLISHING POLICE, LIBRARY,ANIMAL CENTER, PARK LAND ACQUISITION IN-LIEU, PARK LAND ACQUISITION IMPACT, PARK IMPROVEMENT, COMMUNITY AND RECREATION DEVELOPMENT IMPACT FEES; APPROVE RESOLUTION NO. 14-101 REVISING THE ENGINEERING SERVICES USER FEES. APPROVE RESOLUTION NO. 14-102 REVISING CITYWIDE TRANSPORTATION FEES. RECOMMENDATION It is recommended that the City Council: 1) Accept a Development Impact Fee (DIF) study prepared by Colgan Consulting Corporation dated April 22, 2014 regarding new police, library, animal center, park land acquisition in-lieu, park land acquisition impact, park improvement, community and recreation development impact fees. 2) Adopt Ordinance No. 865 relating to Police, Library, Animal Center, Park Land Acquisition in-lieu, Park Land Acquisition Impact, Park Improvement, Community and Recreation Development Impact fees. 3) Approve Resolution No. 14-102 to revise the Citywide Transportation Development Fees. 4) Approve Resolution No. 14-101 revising the Engineering Services User Fees. ORAL AND WRITTEN PRESENTATIONS Before approving any new fee or an increase in an existing fee, the City must conduct at least one public meeting at which oral or written presentations can be made regarding the fee as part of a regularly scheduled meeting. The purpose of this agenda item is to comply with this requirement by presenting the new police, library, animal center, park land acquisition in-lieu, park land acquisition, park improvement, and community and recreation development impact fees, and the amended transportation development impact fees and the engineering services user fees, and allow the public to comment on the proposal during the City Council meeting. • P61 CITY COUNCIL STAFF REPORT Re: NEW DEVELOPMENT IMPACT FEE PROGRAM June 4, 2014 Page 2 DEVELOPMENT IMPACT FEES Background As a post-Proposition 13 City, the revenue that the City of Rancho Cucamonga receives from property taxes is much lower than those received by other cities. The City has therefore maintained, since incorporation, the philosophy that new development should pay its own way in regards to the impacts created by increased growth. Thus, the City collects Development Impact Fees (DIF) during the development process. The City's current DIF program was established in 1991. The City has not adopted any additional impact fees since then, but has revised some of the existing impact fees between 2003 and 2007. In 2008, the City also reviewed its Transportation Development Impact Fee; but the City chose to defer updating the fee due to the economic recession. Currently, the City's DIF amount for a single family residence is substantially lower than those collected by other cities in the region. (See Impact Fee Comparison Appendix "A".) The City was previously able to make up some of the shortfall between new development and its existing fees through funding from the City's Redevelopment Agency, as well as grants, donations, and other one-time contributions. However, with the uncertainty of future grants and the abolishment of the Redevelopment Agency, City staff has determined that the DIF program must be updated with new and amended fees to assist in funding future infrastructure projects. With the economy now showing improvement, it is appropriate to not only review the existing fees, but consider adopting other new fees that would assist with the infrastructure of our growing community in line with those adopted by surrounding cities. The Colgan Fee Study In 2013, the City contracted with Colgan Consulting Corporation ("Colgan") to review the City's current DIF program, and analyze the impact of development on capital facilities and calculate impact fees based on that analysis. Colgan was also asked to evaluate the feasibility of adopting additional fees based on projections of future development within the City to address impacts on City services not addressed by the current DIF program. The Colgan Study ("Colgan Study" attached as Appendix "B") analyzed and quantified the relationship between future development and the need for additional facilities to show the impact of future development on facility needs. The proposed impact fees in the report are based on the capital cost of facilities needed to serve additional development. Existing Development Impact Fees Currently the City has four (4) DIF program categories: Drainage, Park, Beautification, and Transportation. The Colgan Study has allowed the City to re-evaluate the different DIF categories that are currently assessed, and determine if they meet the overall needs of the City. The Drainage Impact Fee addresses two drainage areas: General City Drainage Area (west of Etiwanda P62 CITY COUNCIL STAFF REPORT Re: NEW DEVELOPMENT IMPACT FEE PROGRAM June 4, 2014 Page 3 Avenue) and Etiwanda/San Sevaine Drainage Area (east of Etiwanda Avenue). Staff conducted a review of the current Drainage Impact Fee being collected for these two drainage areas and found the current fee to be adequate to meet future needs. Therefore, no adjustment to the current Drainage Impact Fee is recommended. Based on the Colgan Study, the current Park Development Fee has been redefined into new fee categories which are further discussed in the next section. In addition, the current Beautification Fee will be eliminated from the DIF program. The current Transportation Impact Fees have been reviewed and analyzed by City staff and found insufficient in regards to meeting future transportation needs. Therefore, based on our analysis, the current Transportation Impact Fees will be experiencing an increase of 93%. Due to the requirements imposed by the San Bernardino Association of Governments (SANBAG), the Transportation Impact Fees will be amended under a separate resolution. A separate Transportation Development Impact Fee Study is provided in Appendix "C". New Development Impact Fees The Colgan Study identified areas of impact where the City could consider implementing new fees. City staff reviewed the report and is recommending the addition of the following new fee categories to the City's DIF Program. Park Land Acquisition and Park Improvements The Colgan Study evaluated the current Park Development Impact Fee. The study has altered the • existing Park Development Impact Fee by segregating into three new categories; Park Land Acquisition In-Lieu (subdivision), Park Land Acquisition Impact (no subdivision), and Park Improvements. These categories provide for a fee structure consistent with the Quimby Act and Standard Base calculations as explained further in the Colgan Study. The proposed Park Land Acquisition In-Lieu (subdivision) or Park Land Acquisition Impact (no subdivision), Park Improvements, and Community and Recreation Center Impact Fees (below) in total will replace the existing impact fees being collected under the current Park Development Fee. Community and Recreation Center Impact Fees The Colgan study calculated a new type of impact fee for community and recreation centers. Currently, the cost of those facilities is reflected in the current Park Development Impact Fee for no subdivision (less than 50 SFR units) development only. The level of service used as the basis for the fee calculations is the ratio of existing replacement cost to existing population. Impact fees based on that standard should provide enough revenue to cover the cost of maintaining the existing level of service as the City grows. Because these impact fees are based on population growth, they apply only to residential development. The proposed Park Land Acquisition and Park Improvements fees (above), and Community and Recreation Center Impact Fees in total will replace the existing impact fees being collected under the current Park Development Fee. • P63 CITY COUNCIL STAFF REPORT Re: NEW DEVELOPMENT IMPACT FEE PROGRAM June 4, 2014 Page 4 Library Impact Fees The Colgan Study calculates a new type of impact fee for library facilities and materials. The level of service used as the basis for the fee calculations is the ratio of existing replacement cost to existing population. Impact fees based on that standard should provide enough revenue to cover the cost of maintaining the existing level of service as the City grows. Because these impact fees are based on population growth, they apply only to residential development. Animal Center Impact Fees The Colgan Study calculates a new type of impact fee for the Animal Center. The level of service used as the basis for the fee calculations is the ratio of existing facility replacement cost to existing population. Impact fees based on that standard should provide enough revenue to cover the cost of maintaining the existing level of service as the City grows. Because these impact fees are based on population growth, they apply only to residential development. Police Impact Fees The Colgan Study calculates a new type of impact fee for Police facilities and equipment. The level of service used as the basis for the impact fee calculations is the ratio of existing asset replacement cost to existing calls for service. This impact fee applies to both residential and nonresidential development in the City. As part of this study, Colgan Consulting and the Rancho Cucamonga Planning Department analyzed a random sample of 2012 Police Department calls for service to determine the distribution of calls among various types of development, or in other words, the percentage of all calls generated by each type of development used in the impact fee calculations. Those percentages were applied to the total number of 2012 calls for service to determine the number of calls originating with each type of development. Then the number of calls associated with each type of development was divided by the number of existing units to arrive at a factor representing the number of calls per unit per year. Meanwhile the total replacement cost of all existing city-owned Police facilities and equipment was divided by the total number of 2012 calls for service to determine the average replacement cost of the existing capital facilities and equipment supporting each call. Then the impact fee per unit of development for each type of development was calculated as the number of calls per year multiplied by the average cost per call. • Summary of the Proposed Development Impact Fee Program In summary, the proposed DIF Program would consist of the following existing and new impact fee categories: • Drainage • Community and Recreation Center* • Transportation • • Library • Park Acquisition* (In-Lieu and Impact) • Animal Center • Park Improvement* • Police *replaces Park Development The total amount of impact fees collected from the proposed DIF Program for a single family residence is P64 CITY COUNCIL STAFF REPORT Re: NEW DEVELOPMENT IMPACT FEE PROGRAM June 4, 2014 Page 5 a 68% increase over the amount of DIF currently collected (see Appendix "A"). This amount will be close to the average amount of impact fees collected by other cities in the region. ENGINEERING USER FEES In addition to impact fees, which recover the cost to the City created by new development, the City also imposes user fees, which recover the cost of services provided by the City. The Engineering Services Department, has recently analyzed its user fees which it has not done so since 2006. Staff determined the total cost of each service based on the fully burdened hourly rates that were determined for City personnel directly involved in providing a service. The fully burdened hourly rates include personnel salary and benefits as well as department overhead costs (operation costs and administration personnel costs)that are then multiplied by the average estimated number of hours needed to complete each service. The result is the total estimated cost to the City for providing a service. While the purpose of the study was to determine the full cost to the City of providing the service, the City ultimately decides what level of recovery is desired, up to the full cost. The review resulted in fee recommendations that have lowered some of the existing service fee charges. This is as a result of improved technology within the City that has made services more efficient. The comparison is outlined in the attached Appendix "D". As labor effort and costs associated with the provision of services fluctuates over time, a significant element in the development of fees is the flexibility to remain current. To allow fees to stay current over time, staff recommends an annual automatic adjustment based upon published information relative to costs to provide services. Beginning on July 1, 2015, Community Development fees outlined in the resolution will be adjusted based on the Employee Cost Index for State and Local Government Employees, Total Compensation, during the 12 month period ending on December 31st of the immediately preceding year, as released by the U.S. Department of Labor's Bureau of Labor Statistics. This is consistent with the City's past practice in this regard. EFFECTIVE DATE OF FEES If approved by the City Council, the new fees could not go into effect any sooner than sixty days from the date of their adoption. Staff is proposing that the updated DIF Program Fees would be phased in over time after the sixty-day waiting period as follows: • September 1, 2014: Transportation Impact Fee will be implemented. • January 1, 2015: Library, Animal Center, and Police Services will be implemented. • May 1, 2015: Park Acquisition (In-lieu and Impact), Park Improvement, and Community and Recreation Center will be fully implemented. The City's current Beautification and Park Development will be eliminated. • The Resolution setting the development impact fees for Library, Animal Center, Police Services, Park Acquisition (In-lieu and Impact), Park Improvement, and Community and Recreation Center cannot be approved until the Ordinance becomes effective. Therefore, staff will bring back the development impact fee Resolution in the near future. The phasing timing will still be able to be implemented. Staff has discussed this phasing plan with the Building Industry Association of Southern California — Baldy View Chapter (BIA). P65 CITY COUNCIL STAFF REPORT Re: NEW DEVELOPMENT IMPACT FEE PROGRAM June 4, 2014 Page 6 • PUBLIC OUTREACH Staff has previously met with representatives from the BIA the proposed new and amended fees. Copies of the fee studies were also made available to the public through the City Clerk of Rancho Cucamonga and online through the City's website 12 days in advance of this meeting. The City will continue the practice of posting notices and making fee schedules available at the public counter and on the City's website for each affected department prior to any change in fees. PUBLIC NOTICE This matter was included as part of the publicly posted agenda for this meeting. All future actions and hearings concerning the new and amended fees discussed in this staff report will be noticed as required by law. Respectfully submitted, • Mark A. Steuer Director of Engineering Services/City Engineer Attachments: Appendix "A" Impact Fee Comparison to Nearby Jurisdictions Appendix "B" Colgan Consulting Corporation Development Impact Fee study Appendix "C" Transportation Development Impact Fee Study Appendix "D" Engineering Services User Fee Schedule Appendix "E" Ordinance No. 865 Appendix "F" Resolution No. 14-101 Appendix "G" Resolution No. 14-102 • P66 ORDINANCE NO. 865 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 3 AND TITLE 16 OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO REPEAL CHAPTERS 3.24 AND 16.32 IN THEIR ENTIRETY AND ADDING CHAPTERS 3.52, 3.56, 3.60, 3.64, AND 3.68 ESTABLISHING DEVELOPMENT IMPACT FEES FOR COMMUNITY AND RECREATION CENTER, LIBRARY, ANIMAL CENTER, POLICE, AND PARK IN-LIEU/PARK IMPACT FEES A. RECITALS 1. Colgan Consulting Corporation has prepared a Development Impact Fee Study Report(the"Fee Study"), dated April 22, 2014, that analyzes the impact of development on certain of the City's capital facilities and calculates development impact fees based on that analysis. 2. On June 4, 2014, the City Council held a duly noticed open and public meeting, at which it considered the proposed adoption of the development impact fees development impact fees for community and recreation center, library, animal center, police, and park in-lieu/park impact fees (collectively, the "Development impact Fees"). The Fee Study, which contains data indicating the estimated cost, required to provide the public facilities for which the Development Impact Fees would be levied and the revenue sources anticipated to provide the service, was made available to the public at least ten days prior to the JUNE 4, 2014 City Council meeting. 3. On June 4, 2014, the City Council held a duly noticed public hearing regarding the adoption of the Development Impact Fees and this Ordinance. Following the receipt of all staff reports, public testimony and other evidence, the public hearing was closed. 4. City staff has evaluated the potential environmental impacts of the adoption of this Ordinance, pursuant to the California Environmental Quality Act ("CEQA"). City staff has determined that these actions do not constitute a "project" under CEQA pursuant to State CEQA Guidelines Section 15378(b)(4) because these actions involve the creation of a government funding mechanism which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. In addition, City Staff has determined that these actions are categorically exempt from CEQA under CEQA guidelines Section 15273(a)(4) because these actions and documents are merely establishing a fee to obtain funds for those capital projects necessary to maintain service within existing service areas and these actions do not provide for the creation of new service areas. The capital projects described in the Development Impact Fee Study will maintain the level of service currently provided by the City's existing facilities by ensuring that the impacts of new development will not negatively impact existing service levels. 5. All prerequisites to the adoption of this Ordinance as specified by the Mitigation Fee Act (California Government Code Section 66000 et seq.) and other applicable laws have been satisfied. B. ORDINANCE SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A of this Ordinance are true and correct. P67 • Ordinance No. 865 June 4, 2014 Page 2 SECTION 2. Chapters 3.24 and 16.32 of the Rancho Cucamonga Municipal Code are hereby repealed and deleted, effective May 1, 2015. SECTION 3. Chapter 3.52 is hereby added to Title 3 of the Rancho Cucamonga Municipal Code, effective May 1, 2015, to read as follows: "Chapter 3.52 Community and Recreation Center Impact Fee 3.52.010 Purpose a The City Council finds that the purpose of the community and recreation center impact fee hereby enacted is to prevent new residential development from reducing the quality and availability of public services provided to residents of the City by requiring new residential development to contribute to the cost of expanding the availability of community and recreation center assets in the City. The City finds: A. There are a number of existing community and recreation centers within the City, as well as the Victoria Gardens Cultural Center. B. Fees apply only to residential development. C. There is a need for fees to serve future development in the City without placing a burden on existing resources. D. Community and recreation centers serve the entire population. E. Revenue from the impact fees will be used to expand the availability of community and recreation center assets in the City; through the acquisition or improvement of real property; or the acquisition, construction, or expansion of buildings, furnishings, equipment, or any of these. F. New residential development and the expansion of existing development, within the City impose a burden on the existing community and recreation facilities by adding additional population. • G. The fees are based on the relationship between the City's existing population and the replacement cost of existing community center, recreation center, and cultural center facilities. H. Population is used as the demand variable when calculating these fees because the need for community and recreation centers is normally defined in the terms of population per unit for that type. The level of service standard used to calculate impact fees is the existing ratio of facility replacement cost to population. J. The cost per capita will be applied to future population to compute impact fees per unit. P68 Ordinance No. 865 June 4, 2014 Page 3 K. Since assisted living facilities are allowed in some residential zoning districts with a conditional use permit; and residents of those facilities do make use of the community and recreation center facilities, impact fees will apply to new development of these types of facilities. L. Impact fees for other specialized development types should be calculated in the same way if the need arises. M. The fee established by this chapter is in addition to any other fees or charges or taxes that are required by law as a condition of development. N. The period of greater than ten (10) days prior to adoption of this chapter, data has been available to the public, and to developers and their representative, indicating the cost of estimated cost of the infrastructure to be funded, the revenue sources anticipated and means of spending these costs. 3.52.020 Definitions For the purposes of this chapter, the following words shall have the meanings set forth below: A. "City/Service Area" shall mean the entire City of Rancho Cucamonga. B. "Residential development" shall include all dwelling units constructed for the first time on open land or when existing structures are remodeled, and added to or otherwise altered to increase the number of dwelling units. C. "Dwelling unit" shall include each single family dwelling, each unit of an apartment, duplex dwelling group or multiple dwelling structure or condominium or planned residential development as a separate habitat for one or more persons or each mobile home space designed to contain a mobile home trailer on a semi-permanent or permanent basis. D. "Person" includes every person, firm or corporation constructing a dwelling • unit directly or through the services of any employee, agent or independent contractor. E. "Facilities" means those park and recreation facilities, land, improvements, or infrastructure located in Rancho Cucamonga. F. "Study" means the Development Impact Fee Study Report dated April 22, 2014. Section 3.52.030 Establishment and Administration of Community and Recreation Center Impact Fees • City Council finds that there is a reasonable relationship between the use of the fees and the need for facilities of development projects on which they are imposed. P69 Ordinance No. 865 June 4, 2014 Page 4 A. The Finance Director shall establish a special interest-bearing fund entitled community and recreation center impact fees. All fees collected pursuant to this chapter shall be deposited in this fund and shall be expended on the availability of community and recreation center assets in the City. B. A fee is imposed in the amounts set forth in this chapter and shall be applicable to every dwelling unit as defined in Section 3.52.020 constructed in the City after the effective date of the ordinance codified in this chapter and shall be known as the Community and Recreation Center Impact Fee. 3.52.040 Payment The fee imposed by this chapter shall be due and payable upon issuance of a building permit or issuance of a certificate of occupancy, whichever occurs first; unless otherwise pre-empted by State regulations. 3.52.050 Fees The fees to be paid by this chapter shall be set by resolution of the City Council. 3.52.060 Fee Exemptions In the event that a development project is found to have no impact on facilities for which impact fees are charged, such project must be exempted from the fees. 3.52.070 Use of fees The City Council finds that there is established a community and recreation center fund where all sums collected pursuant to this chapter shall be deposited and shall be used to expand on the availability of community and recreation center assets in the City to serve new development. Those public facilities and other assets are identified in the 2014 Development Impact Fee Study. 3.52.080 Severability If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall affect the other provisions of this chapter which can be given effect without the invalid provisions or its application, and to this end the provisions of this chapter are severable." SECTION 4. Chapter 3.56 is hereby added to Title 3 of the Rancho Cucamonga Municipal Code, effective January 1, 2015, to read as follows: "Chapter 3.56 Library Impact Fee 3.56.010 Purpose The City Council finds that the purpose of the library impact fee herby enacted is to prevent new residential development from reducing the quality and availability of public services provided to residents of the City by requiring new residential P70 Ordinance No. 865 June 4, 2014 Page 5 development to contribute to the cost of expanding the availability of library and cultural center assets in the City. The City finds: A. There are two libraries currently in the City; Archibald and Paul A. Biane Library. B. Paul A. Biane Library is part of the Victoria Gardens Cultural Center. C. Paul A. Biane Library includes space for future expansion. D. The City will assess the need for any future development of a new library. E. Fees apply only to residential development. F. The need for fees to serve future development in the City without placing a burden on existing resources. G. The libraries serve the entire population. H. Revenue from the impact fees will be used to expand the availability of library and cultural center assets in the City through the acquisition or improvement of real property; or the acquisition, construction, or expansion of buildings, furnishings, equipment, or any of these. New residential development and the expansion of existing development, within the City impose a burden on the existing libraries by adding additional population. J. The fees are based on the relationship between the City's existing population and the replacement cost of existing libraries, cultural center facilities, and material. • K. Population is used as the demand variable when calculating these fees because the need for libraries is normally defined in the terms of population per unit for that type. L. The level of service standard used to calculate impact fees is the existing ratio of facility and material replacement cost to population. M. The cost per capita will be applied to future population to compute impact fees per unit. N. Since assisted living facilities are allowed in some residential zoning districts with a conditional use permit; and residents of those facilities do make use of the library facilities, impact fees will apply to new development of these types of facilities. P71 Ordinance No. 865 June 4, 2014 Page 6 O. Impact fees for other specialized development types should be calculated in the same way if the need arises. P. The fee established by this chapter is in addition to any other fees or charges or taxes that are required by law as a condition of development. Q. The period of greater than ten (10) days prior to adoption of this chapter, data has been available to the public, and to developers and their representative, indicating the cost of estimated cost of the infrastructure to be funded, the revenue sources anticipated and means of spending these costs. 3.56.020 Definitions • For the purposes of this chapter, the following words shall have the meanings set forth below: A. "City/Service Area" shall mean the entire City of Rancho Cucamonga. B. "Residential development" shall include all dwelling units constructed for the first time on open land or when existing structures are remodeled, and added to or otherwise altered to increase the number of dwelling units. C. "Dwelling unit" shall include each single family dwelling, each unit of an apartment, duplex dwelling group or multiple dwelling structure or condominium or planned residential development as a separate habitat for one or more persons or each mobile home space designed to contain a mobile home trailer on a semi-permanent or permanent basis. • D. "Person" includes every person, firm or corporation constructing a dwelling unit directly or through the services of any employee, agent or independent contractor. E. "Facilities" means those libraries or cultural center facilities, land, improvements, or infrastructure located in Rancho Cucamonga. F. "Study" means the Development Impact Fee Study Report dated April 2014. 3.56.030 Establishment and Administration of Library Impact Fees City Council finds that there is a reasonable relationship between the use of the fees and the need for facilities of development projects on which they are imposed. A. The Finance Director shall establish a special interest-bearing fund entitled library impact fees. All fees collected pursuant to this chapter shall be deposited in this fund and shall be expended on the availability of library facilities and material assets in the City. P72 Ordinance No. 865 June 4, 2014 Page 7 B. A fee is imposed in the amounts set forth in this chapter and shall be applicable to every dwelling unit as defined in Section 3.56.020 constructed in the city after the effective date of the ordinance codified in this chapter and shall be known as the Library Impact Fee. 3.56.040 Payment The fee imposed by this chapter shall be due and payable upon issuance of a building permit or issuance of a certificate of occupancy, whichever occurs first; unless otherwise pre-empted by State regulations. 3.56.050 Fees The fees to be paid by this chapter shall be set by resolution of the City Council. 3.56.060 Fee Exemptions In the event that a development project is found to have no impact on facilities for which impact fees are charged, such project must be exempted from the fees. 3.56.070 Use of Fees The City Council finds that there is established a library fund where all sums collected pursuant to this chapter shall be deposited and shall be used to expand on the availability of library and cultural center assets in the City to serve new development. Those public facilities and other assets are identified in the 2014 Development Impact Fee Study. 3.56.080 Severability If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall affect the other provisions of this chapter which can be given effect without the invalid provisions or its application, and to this end the provisions of this chapter are severable." SECTION 5. Chapter 3.60 is hereby added to Title 3 of the Rancho Cucamonga Municipal Code, effective January 1, 2015, to read as follows: "Chapter 3.60 Animal Center Impact Fee 3.60.010 Purpose The City Council finds that the purpose of the animal center impact fee herby enacted is to prevent new residential development from reducing the quality and availability of public services provided to residents of the City by requiring new residential development to contribute to the cost of expanding the availability of animal center assets in the City. P73 Ordinance No. 865 June 4, 2014 Page 8 The City finds: A. There is only one animal center that serves the entire population. B. The current animal center is at maximum capacity, and that there will be need for expansion or construction of a new animal center as the population continues to grow. C. These fees apply only to residential development. D. The need for fees is to serve future development in the City without placing a burden on existing resources. E. Revenue from the impact fees may be used to expand the availability of animal center assets in the City through the acquisition or improvement of real property; or the acquisition, construction, or expansion of buildings, furnishings, equipment, or any of these. F. New residential development and the expansion of existing development, within the City impose a burden on the existing animal center by adding additional population. G. Population is used as the demand variable when calculating these fees because the need for animal center services is normally defined in the terms of population per unit for that type. H. The level of service standard used to calculate impact fees is the existing ratio of facility and material replacement cost to population. I. The cost per capita will be applied to future population to compute impact fees per unit. J. Impact fees for other specialized development types should be calculated in the same way if the need arises. K. The fee established by this chapter is in addition to any other fees or charges or taxes that are required by law as a condition of development. L. The period of greater than ten (10) days prior to adoption of this chapter, data has been available to the public, and to developers and their representative, indicating the cost of estimated cost of the infrastructure to be funded, the revenue sources anticipated and means of spending these costs. 3.60.020 Definitions For the purposes of this chapter, the following words shall have the meanings set forth below: A. "City/Service Area" shall mean the entire City of Rancho Cucamonga. P74 Ordinance No. 865 June 4, 2014 Page 9 B. `Residential development" shall include all dwelling units constructed for the first time on open land or when existing structures are remodeled, and added to or otherwise altered to increase the number of dwelling units. C. "Dwelling unit" shall include each single family dwelling, each unit of an apartment, duplex dwelling group or multiple dwelling structure or condominium or planned residential development as a separate habitat for one or more persons or each mobile home space designed to contain a mobile home trailer on a semi-permanent or permanent basis. D. "Person" includes every person, firm or corporation constructing a dwelling unit directly or through the services of any employee, agent or independent contractor. E. "Facilities" means those animal center facilities, land, improvements, or infrastructure located in Rancho Cucamonga. F. "Equipment/material" shall include all necessary materials that are required for the proper operation of the facility for which this fee is imposed. G. "Study" means the Development Impact Fee Study Report dated April 2014 3.60.030 Establishment and Administration of Animal Center Impact Fees City Council finds that there is a reasonable relationship between the use of the fees and the need for facilities of development projects on which they are imposed. A. The Finance Director shall establish a special interest-bearing fund entitled animal center impact fees. All fees collected pursuant to this chapter shall be deposited in this fund and shall be expended on the availability of animal center facilities and material assets in the City. B. A fee is imposed in the amounts set forth in this chapter and shall be applicable to every dwelling unit as defined in Section 3.60.020 constructed in the City after the effective date of the ordinance codified in this chapter and shall be known as the Animal Center Impact Fee. 3.60.040 Payment The fee imposed by this chapter shall be due and payable upon issuance of a building permit or issuance of a certificate of occupancy, whichever occurs first; unless otherwise pre-empted by State regulations. 3.60.050 Fees The fees to be paid by this chapter shall be set by resolution of the City Council.. P75 Ordinance No. 865 June 4, 2014 Page 10 3.60.060 Fee Exemptions In the event that a development project is found to have no impact on facilities for which impact fees are charged, such project must be exempted from the fees. 3.60.070 Use of fees The City Council finds that there is established an animal center fund where all sums collected pursuant to this chapter shall be deposited and shall be used to expand on the availability of the animal center assets in the City to serve new development. Those public facilities and other assets are identified in the 2014 Development Impact Fee Study. 3.60.080 Severability If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall affect the other provisions of this chapter which can be given effect without the invalid provisions or its application, and to this end the provisions of this chapter are severable." SECTION 6. Chapter 3.64 is hereby added to Title 3 of the Rancho Cucamonga Municipal Code, effective January 1, 2015, to read as follows: "Chapter 3.64 Police Impact Fee 3.64.010 Purpose The City Council finds that the purpose of the police impact fee herby enacted is to prevent new residential and commercial/industrial development from reducing the quality and availability of public services provided to residents of the City by requiring new residential and business development to contribute to the cost of expanding the availability of police assets in the City. The City finds: A. Police services, facilities, and equipment are needed to serve future development in the City. B. Police services serve the entire population of residential and businesses. C. The need to expand the existing fleet of police vehicles and equipment will be necessary as the population continues to grow. D. The City will assess the need to expand policy facilities into the Northeastern portion of the City as indicated in the current City General Plan. E. These fees apply to all residential and business development. • P76 Ordinance No. 865 June 4, 2014 Page 11 F. Revenue from the impact fees may be used to expand the availability of police assets in the City through the acquisition or improvement of real property; or the acquisition, construction, or expansion of buildings, furnishings, equipment, or any of these. • G. New residential and business development within the City imposes a burden on the existing police facility by adding additional population. H. The demand variable that determine the fees are based on the relationship between the City's existing population and the calls for service, and the replacement cost for police facilities and equipment. Police impact fees paid by new development are based on the same level of service currently provided to the existing residential and businesses in the City. J. Since assisted living facilities are allowed in some residential zoning districts with a conditional use permit; and residents of those facilities do make use of police services, impact fees will apply to new development of these types of facilities. K. The cost per capita will be applied to future population to compute impact fees per unit. L. Impact fees for other specialized development types should be calculated in the same way if the need arises. M. The fee established by this chapter is in addition to any other fees or charges or taxes that are required by law as a condition of development. N. The period of greater than ten (10) days prior to adoption of this chapter, data has been available to the public, and to developers and their representative, indicating the cost of estimated cost of the infrastructure to be funded, the revenue sources anticipated and means of spending these costs. 3.64.020 Definitions For the purposes of this chapter, the following words shall have the meanings set forth below: A. "City/Service Area" shall mean the entire City of Rancho Cucamonga. B. "Residential development" shall include all buildings or dwelling units constructed for the first time on open land or when existing structures are remodeled, and added to or otherwise altered to increase the number of dwelling units. C. "Dwelling unit" shall include each single-family dwelling, each unit of an apartment, duplex dwelling group or multiple dwelling structure or P77 Ordinance No. 865 June 4, 2014 Page 12 condominium or planned residential development as a separate habitat for one or more persons or each mobile home space designed to contain a mobile home trailer on a semi-permanent or permanent basis. D. "Businesses" shall include all commercial/industrial, hotel/motel, and office units. E. "Person" includes every person, firm or corporation constructing a dwelling unit directly or through the services of any employee, agent or independent contractor. F. "Facilities" means those police facilities, land, improvements, or infrastructure located in Rancho Cucamonga. G. "Equipment/material" shall include all necessary materials that are required for the proper operation of the facility for which this fee is imposed as defined in the Development Impact Fee Study dated April 2014 H. "Study" means the Development Impact Fee Study Report dated April 2014 3.64.030 Establishment and Administration of Police Impact Fees City Council finds that there is a reasonable relationship between the use of the fees and the need for facilities of development projects on which they are imposed. A. The Finance Director shall establish a special interest-bearing fund entitled police impact .fees. All fees collected pursuant to this chapter shallrbe deposited in this fund and shall be expended on the availability of police facilities and material assets in the City. B. A fee is imposed in the amounts set forth in this chapter and shall be applicable to every dwelling unit as defined in Section 3.64.020 constructed in the City after the effective date of the ordinance codified in this chapter and shall be known as the Police Impact Fee. 3.64.040 Payment The fee imposed by this chapter shall be due and payable upon issuance of a building permit or issuance of a certificate of occupancy, whichever occurs first; unless otherwise pre-empted by State regulations. 3.64.050 Fees The fees to be paid by this chapter shall be set by resolution of the City Council. 3.64.060 Fee Exemptions In the event that a development project is found to have no impact on facilities for which impact fees are charged, such project must be exempted from the fees. P78 Ordinance No. 865 June 4, 2014 Page 13 3.64.070 Use of fees The City Council finds that there is established an Police fund where all sums collected pursuant to this chapter shall be deposited and shall be used to expand on the availability of police facility assets in the City to serve new development. Those public facilities and other assets are identified in the 2014 Development Impact Fee Study. 3.64.080 Severability If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall affect the other provisions of this chapter which can be given effect without the invalid provisions or its application, and to this end the provisions of this chapter are severable." SECTION 7. Chapter 3.68 is hereby added to Title 3 of the Rancho Cucamonga Municipal Code, effective May 1, 2015, to read as follows: "Chapter 3.68 Park In-Lieu/Park Impact Fees 3.68.010 Purpose The City Council finds that the purpose of the park in-lieu/park impact fees herby enacted is to prevent new residential from reducing the quality and availability of public services provided to residents of the City by requiring new residential and commercial development to contribute to the cost of expanding the availability of police assets in the City. The City finds: A. The need for two types of development fees for parks: fees for park land acquisition and fees for park improvement. B. Fees for park land acquisition are subdivided: fees in-lieu of park land dedication for subdivisions, and impact fees for park land acquisition not involving subdivisions. C. The need for fees to serve future development in the City without placing a burden on existing resources. D. A general plan has been adopted containing specific policies and standards for parks and recreation facilities. E. Dedicated land and/or in-lieu fees are to be used only for the purpose of developing new or rehabilitating existing neighborhood or community parks or recreational facilities to serve the subdivision paying the fees. F. Park impact fees apply only to land acquisition in residential subdivisions. P79 Ordinance No. 865 June 4, 2014 Page 14 G. The demand factor for each type of residential development is the average population per unit for that type because the need for parks in a community is almost always based on population. H. The total acreage of City-owned park land will be used to determine the existing level of service for purposes of calculating impact fees for park land acquisition. Improved park acreage will be used to determine the existing level of service for the calculation of impact fees for park improvements. J. Impact fees for other specialized development types should be calculated in the same way if the need arises. K. The period of greater than ten (10) days prior to adoption of this chapter, data has been available to the public, and to developers and their representative, indicating the cost of estimated cost of the infrastructure to be funded, the revenue sources anticipated and means of spending these costs. 3.68.020 Definitions For the purposes of this chapter, the following words shall have the meanings set forth below: A. "City/Service Area" shall mean the entire City of Rancho Cucamonga. B. "Residential development" shall include all dwelling units constructed for the first time on open land or when existing structures are remodeled, and added to or otherwise altered to increase the number of dwelling units. C. "Dwelling unit" shall include each single family dwelling, each unit of an apartment, duplex dwelling group or multiple dwelling structure or condominium or planned residential development as a separate habitat for one or more persons or each mobile home space designed to contain a mobile home trailer on a semi-permanent or permanent basis. D. "Person" includes every person, firm or corporation constructing a dwelling unit directly or through the services of any employee, agent or independent contractor. E. "Facilities" means those park and recreation facilities, land, improvements, or infrastructure located in Rancho Cucamonga. F. "Study" means the Development Impact Fee Study Report dated April 2014 P80 Ordinance No. 865 June 4, 2014 Page 15 3.68.030 Establishment and Administration of Park In-Lieu/Park Impact Fees City Council finds that there is a reasonable relationship between the use of the fees and the need for facilities of development projects on which they are imposed. A. The Finance Director shall establish a special interest-bearing fund entitled park in-lieu/park impact fees. All fees collected pursuant to this chapter shall be deposited in this fund,and shall be expended on the availability of park and recreation assets in the City. B. A fee is imposed in the amounts set forth in this chapter and shall be applicable to every dwelling unit as defined in Section 16.51.020 constructed in the City after the effective date of the ordinance codified in this chapter and shall be known as the Park In-Lieu/Park Impact Fee. 3.68.040 Payment The fee imposed by this chapter shall be due and payable upon issuance of a building permit or issuance of a certificate of occupancy, whichever occurs first; unless otherwise pre-empted by State regulations. 3.68.050 Fees The fees to be paid by this chapter shall be set by resolution of the City Council. 3.68.060 Fee Exemptions . In the event that a development project is found to have no impact on facilities for which impact fees are charged, such project must be exempted from the fees. 3.68.070 Use of fees The City Council finds that there is established a park in-lieu/park fund where all sums collected pursuant to this chapter shall be deposited and shall be used to expanded on the availability of park and recreation center assets in the City to serve new development. Those public facilities and other assets are identified in the 2014 Development Impact Fee Study. 3.68.080 Severability If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall affect the other provisions of this chapter which can be given effect without the invalid provisions or its application, and to this end the provisions of this chapter are severable." SECTION 8. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council P81 Ordinance No. 865 June 4, 2014 Page 16 hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid, or ineffective. SECTION 9. The City Clerk shall certify to the adoption of this Ordinance and shall cause • the same to be published in the manner prescribed by law. • • P82• RESOLUTION NO. 14-101 • A RESOLUTION OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING RESOLUTION 12-196, TO UPDATE FEES APPLICABLE FOR SERVICES PERFORMED BY THE ENGINEERING SERVICES DEPARTMENT A. Recitals. 1. The California Government Code allows the City to establish fees and charges for municipal services and facilities, provided such fees and charges do not exceed the estimated reasonable cost to the City in providing the service to which the fee or charge applies. 2. The City Council has heretofore established fees, costs and charges for municipal services provided by the City's Engineering Department. Costs to the City in providing these services have either increased or decreased since those fees and charges were last revised. 3. The City of Rancho Cucamonga has heretofore conducted a thorough and comprehensive study, as identified in Section B of this Resolution, to determine actual costs to the City in providing the various municipal services for which the fees and charges set forth herein apply. 4. All data indicating the estimated or actual cost to the City to provide each service for which the fees and charges set forth herein apply was made available to the public at least ten (10) days prior to the date of the public hearing referred to in Recital (5) below. 5. On (June 4, 2014), City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the amendment. 6. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Resolution. • The City Council of the City of Rancho Cucamonga finds and resolves as follows: SECTION 1: The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: The City Council hereby specifically finds that the fees and charges set forth in Sections 3 and 4 do not exceed the estimated reasonable cost of providing the service for which the fee or charge be levied. SECTION 3: The City Council hereby amends Resolution 12-196 and adopts the following fees for services performed by the Engineering Services Department, including a technology fee of 4.5%. RESOLUTION NO. 14-101 — Page 1 P83 ENGINEERING SERVICES FEES Fee Application Current Fee Proposed New Fee Amending Map $1,964.60 $1,492.95 Bond Substitution $2,321.99 $1,575.56 Certificate of Compliance $2,528.90 $1,376.50 • Certificate of Correction $1,525.70 $1,211.28 Lot Line Adjustment($1,380.00 for each additional parcel) $2,027.30 $1,625.32 Private Street Designation $3,521.65 $1,460.11 Reapportionment Maps (two sheet parcel/tract map; $30 each additional sheet $1,828.75 $1,460.11 Reimbursement Agreement-Storm Drain $5,371.30 $3,135.20 Reimbursement Agreement-Street and Utilities $6,092.35 $3,135.20 Release of Lien Agreement $1,212.20 $878.85 Standard Agreement/Document Processing $1,149.50 $1,144.60 Street Vacation $4,127.75 $1,542.72 Traffic Study Review (Development Project) $230.95 $696.71 Flood Hazard Letter $150.00 $150.00 Property Legal Description $1,442.10 $1,244.13 Residential Parcel Map (+$240 per parcel) $4,545.75+240/lot $3,881.67+240/lot Tract Maps and Non-Residential $5298.15 (+$290.00 per $4,014.04 (+$290.00 per parcel Parcel Maps over ten (10) lots parcel or lot) or lot) Tract Maps and Non-Residential Parcel Maps of ten (10) lots or less $5,726.60 $4,180.00 Map Printing (as adopted by County) N/A N/A Interior Streets- 1 sheet $3824.70 LS $3,682.61 LS Interior Streets-2 streets $4629.35 LS $4,478.85 LS Interior Streets - 3 and 4 $1316.70 each $1,194.36 each Interior Streets - 5 sheets $8307.75 LS $7,862.87 LS Interior Streets -6 through 9 $1316.70 each $1,194.36 each Interior Streets - 10 sheets $15,633.20 LS $14,929.50 LS Interior Streets - Sheets 11 and more $1316.70 each $1,194.36 each • Storm Drain Plans Same as for Interior Streets Same as for Interior Streets Landscaped and Irrigation Plans for City-Maintained Areas $1,348.05 each $1,244.13 each Hydrology Study Drainage Areas up to 150 Acres $3,375.35 $2,587.78 RESOLUTION NO. 14-101 — Page 2 P84 Hydrology Study Drainage Areas greater than 150 acres $4,608.45 $3,583.08 Public Works Construction Permit (CPI) Inspection: Drainage Catch Basin W=4', 7'or 21' $72.58 each , $72.66 each Inspection: Drainage Collar Pipe PCC $24.19 each $23.99 each Inspection: Drainage Headwall 48" Wing , $48.37 each $48.27 each Inspection: Drainage Junction Structure w/o Manhole $32.25 each $31.85 each Inspection: Drainage Junction Structure with Manhole $32.25 each $31.85 each Inspection: Drainage RCP 18"thru 54" , $14.50 LF , $13.93 LF Inspection: Drainage RCP 60"thru 96" $24.19 LF $23.89LF Unit Modified Inspection:V-Ditch $4.84 LF $.80 SF Inspection:V-Ditch cobblestone New $.80 SF Inspection: Landscape Cobblestone/Boulders 1st 2,000 SF + Unit Modified $92.61 each addl 1,000 SF $385.07 _ $.80 SF Inspection: Landscapte Concrete Header $1.61 LF $1.00 LF Inspection: Landscape Decomposed $96.77 per inspection Unit Modified Granite Occurrence _ $.80 CY Inspection: Landscape Fence Tubular Steel $6.44 LF $6.07 LF Inspection: Landscape Gates Tubular Steel $16.11 each . $15.43 each Inspection: Landscape Irrigation Unit Modified System $2.40 LF $2.39 SF Inspection: Landscape Unit Modified Maintenance 180 Day $772.43 each $.30 SF Inspection: Landscape Masonry Column/Pilaster $12.90 each $12.14 each Inspection: Landscape Mulch Shredded 4" $3.39 CY $3.09 CY Inspection: Landscape Pavers $3.21 SF $3.09 SF Inspection: Landscape Shrub 1 and 5 gallon $1.61 each $1.39 each Inspection: Landscape Slope Erosion Control $0.80 SF (Jute Matting) $.80 SF (Jute Matting) Inspection: Landscape Trail Fence PVC 2-rail and 3-rail $6.44 LF $6.27 LF Inspection: Landscape Trail Gate $96.77 each $94.55 each RESOLUTION NO. 14-101 - Page 3 P85 Inspection: Landscape Tree 5 and 15 Gallon $14.50 each $14.43 each Inspection: Landscape Tree 24" Box $19.34 each $18.41 each Inspection: Landscape Tree Palm $32.25 each $31.35 each Inspection: Landscape Vine 5 Gallon $1.61 each $1.49 each Inspection: Landscape Wall Garden 6' $12.90 LF $12.74 LF Inspection: Landscape Wall Retaining 3' $12.90 LF $11.84 LF Inspection: Landscape Wall Retaining Drain $8.06 LF $7.86 LF Inspection: Landscaping New $.90SF Unit Modified Inspection: Removal Clear and Grub $72.58 each LS Inspection: Removal cold plane existing pavement New $.90 SF Inspection: Removal of AC Berm $0.80 LF $.70 LF Inspection: Removal AC Pavement New $.40 SF Inspection: Removal of PCC Curb $0.76 LF $.70 LF Inspection: Removal of PCC Sidewalk $0.39 SF $.40 SF Inspection: Removal Tree $35.42 each , $35.33 each Unit Modified Inspection: Street AC (500-900 tons) $72.58 each $.80 ton Inspection: Street AC (900-1300 tons) • , $.80 ton Inspection: Street AC (over 1300 tons) $.80 ton Inspection: Street AC (under 500 tons) $.80 ton Inspection: Street Access Ramp , $32.25 each $32.05 each Inspection: Street Adjust Manhole and Valves/CO to Grade $8.06 each $7.86 each Inspection: Street adjust valves to grade New $7.86 each Unit Modified Inspection: Street Aggregate Base , $72.58 each $.80 ton Inspection: Street Barricades $1.61 LF $1.59 LF Inspection: Street Berm AC $1.61 LF , $1.59 LF Inspection: Street Cross-gutter $0.48 SF $.40 SF Inspection: Street Curb&Gutter 6" I $0.28 LF ; $.30 LF Inspection: Street Curb& Gutter 8" • 0.33 LF $.30 LF RESOLUTION NO. 14-101 - Page 4 P86 inspection: Street Curb&Gutter 12" 0.39 LF $.30 LF Inspection: Street Curb&Gutter Cobble $2.40 LF $2.49 LF Inspection: Street Curb Core $48.37 each $48.57each Inspection: Street Curb Only $0.40 LF $.30 LF Inspection: Street Curb Rolled $0.80 LF $.70 LF Inspection: Street Curbside Drain STD 107-A, B&C $144.4 each $134.37 each Inspection: Street Drive Approach $72.58 per inspection Unit Modified Commercial occurrence $1.49 SF Inspection: Street Drive Approach $35.52 per inspection • Unit Modified Residential occurrence $1.00 SF Inspection: Street Light/Signal Interconnect Conduit $0.57 LF $.60 LF Inspection: Street Lights $8.06 each $8.06 each Inspection: Street Right Turn Unit Modified Lane/Busbay PCC 8" $482.48 each $1.49 SF Inspection: Street Sidewalk PCC 4" $0.17 SF $.20 SF Inspection: Street Subgrade Unit Modified Preparation/Fine Grading $0.19 LF $.20 SF Inspection: Traffic Pavement Markings $0.80 each $.80 each $192.53 per inspection Unit Modified Inspection: Traffic Pavement Striping occurrence $.40 LF Inspection: Traffic Reflectors and $48.37 per inspection Unit Modified Posts occurrence $.80 each Inspection: Traffic Signal $4,902.74 each $4,811.08 each Inspection: Traffic Signal Modification $2,418.13 each $2,398.67 each Inspection: Traffic Street Sign $8.06 each $8.06 each Inspection: Utility Fiber Optic Conduit &Trench $2.40 LF $1.99 LF Inspection: Utility Underground • Existing Electrical $2.40 LF $1.99 LF Inspection: Utility Underground Existing Telecom $2.40 LF $1.99 LF Note: Inspection: Miscellaneous; Construction items not listed above will be charged based upon an estimated hourly inspection need at the rate of($95.24) per hour(OT-$142.86). Minimum Public Works Construction Permit Fee shall be $50.00. SECTION 4: Subject to the provisions of Section 5, in accordance with California Government Code Section 66017, those fees and charges set forth in Section 3, that constitute "a fee or charge...upon a development project...which applies to the filing, accepting, reviewing, approving, or issuing of an application, permit, or entitlement to use" shall become effective and payable sixty (60) days from the date of adoption of this Resolution. SECTION 5: Each fee set forth in Section 3 shall be adjusted annually, commencing on July 1, 2015, and each year thereafter, without further action of the City Council, based on the Employee Cost Index for State and Local Government Employees, Total Compensation, during RESOLUTION NO. 14-101 - Page 5 P87 the 12 month period ending on December 31st of the immediately preceding year, as released by the U.S. Department of Labor's Bureau of Labor Statistics and rounded to the nearest whole dollar. If this index is discontinued, a replacement index, as determined by the City Council, shall be utilized. • SECTION 6: The City Clerk shall certify to the adoption of this Resolution. • RESOLUTION NO. 14-101 — Page 6 P88 RESOLUTION NO. 14-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING RESOLUTION NO. 07-160, REVISING CITY-WIDE TRANSPORTATION DEVELOPMENT FEES FOR ALL DEVELOPMENTS WITHIN THE CITY OF RANCHO CUCAMONGA, AND . MAKING FINDINGS IN SUPPORT THEREOF • A. RECITALS 1. The City Council of the City of Rancho Cucamonga ("City Council") adopted Ordinance No. 445 in April, 1991 creating and establishing the authority for imposing and charging city-wide transportation development fees. 2. The City Council has previously adopted Resolution No. 07-160, establishing city- wide transportation fees as authorized by Ordinance No. 445. 3. The City's Engineering Services Department is responsible for reviewing the continued need for the described capital improvements, and revising the cost estimates and fees when appropriate. 4. On June 4, 2014, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning the fee revision adopted herein. 5. The revised cost estimates and fee calculations applicable to the fee revision herein were presented to a the City Council at an open and public meeting on May 7, 2014, at which members of the public were able to present written and oral comments regarding the revised fees, and the report regarding the revised fees was available for public inspection and review ten (10) days prior to that public meeting. The fee revision adopted herein is based on that report, which is incorporated herein by this reference. 6. It is a requirement of the Development Mitigation Program approved by the San Bernardino County Congestion Management Agency (CMA)that project costs and fees, including transportation development fees, be updated annually. 7. All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION The City Council of the City of Rancho Cucamonga hereby finds, declares, and resolves as follows: 1. The facts set forth in the Recitals, above, are true and correct. 2. The City Council hereby further finds as follows: a. The purpose of the fee revision herein is to finance transportation improvements needed to mitigate the impacts of traffic generated by new development. RESOLUTION NO. 14-102 — Page 1 P89 b. The fees collected pursuant to this Resolution shall be used to finance only the public facilities described or identified in Exhibit "A", attached hereto and incorporated herein by this reference. c. The construction of the described or identified public facilities is consistent with the Circulation Element of the City's General Plan. d. There is a reasonable relationship between the need for the described or identified public facilities, and the mitigation of traffic impacts associated with new development. e. There is a reasonable relationship between the amount of the fee shown in Exhibit "B," attached hereto and incorporated herein by this reference, and the type of development for which the fee is charged. f. The cost estimates set forth in Exhibit "A" are reasonable cost estimates for constructing these facilities, and the transportation development fees expected to be generated by new development will not exceed the total of these costs. 3. The following defined terms shall have the meaning set forth in this numbered paragraph: a. "Development projects" shall mean construction of residential, commercial, industrial, office, or other non-residential improvements, or the addition of floor space to existing improvements. A "development project" includes any project involving the issuance of a building permit for construction or reconstruction. b. "Exempted development" shall mean a floor space addition to an existing residential building, and the following types of uses: public schools, colleges, libraries, churches, parks, county jail, or sports complex. c. "Equivalent dwelling unit" or"EDU", is used to convert all types of land uses into an equivalent unit that enables Nexus fees to be tabulated as dollars per EDU. One residential single family detached housing unit is equal to one EDU. 4. Payment of Fee: The revised Transportation Development Fee shall be paid prior to issuance of any building permit or issuance of a certificate of occupancy, whichever occurs first; unless otherwise pre-empted by State regulations. The City Engineer shall determine the amount of the fee based upon the size and type of development. 5. Fee Schedule: The amount of the revised Transportation Development Fee was determined to be $9,002 per EDU. The calculations used to make this determination are shown in the attached Exhibit "C", which is hereby incorporated in full by this reference. 6. EDU / Land Use Equivalent Schedule: The calculation of EDU for each land use is based on the trip generation rates shown in the ITE Trip Generation Manual, 5th Edition. The EDU for each identified land use type is as follows: Land Use Type EDU Residential — Single Family Detached Unit 1.0 EDU Residential — Multiple Family Attached Unit 0.6 EDU • Apartment or Condominium —Attached Unit 0.6 EDU RESOLUTION NO. 14-102 — Page 2 P90 Senior Housing Attached (Condo or Apartment) — 0.2 EDU Per Bedroom Nursing / Congregate Care — Per Bed 0.2 EDU Commercial — Per 1,000 Square Feet 1.5 EDU Office / Business Park— Per 1,000 Square Feet 1.2 EDU Industrial — Per 1,000 Square Feet 0.6 EDU Warehouse — Per 1,000 Square Feet 0.5 EDU Hotel / Motel — Per Room 0.8 EDU Day Care — Per Student 0.25 EDU Self-Storage— Per Unit 0.02 EDU Service Station — Per Pump 5.0 EDU 7. Use of Fee: The Transportation Development Fee shall be solely used to pay for the public facilities described in Exhibit"A", or for reimbursing the City for development's fair share of those capital improvements already constructed by the City, or to reimburse other developers who have constructed public facilities described in Exhibit "A". 8. Administration Fee: The City shall include an Administration Fee in the amount of 15% of the total project cost for the management of the Transportation Fee Program. 9. Fee Review: The Engineering Services Department shall review the estimated cost of the described capital improvements, the continued need for these improvements, and the reasonable relationship between such need and the traffic impacts of the various types of development pending or anticipated and for which the fee is charged. The City Engineer shall report the findings to the City Council at a noticed public hearing, and recommend any adjustment to this fee or other action as may be needed. 10. Effective Date: This Resolution shall take effect upon adoption, provided that the fees as herein adopted, described, and amended shall not be collected by the City until September 1, 2014. 11. Judicial Action to Challenge This Resolution: Any judicial action proceeding to attack, review, set aside, void, or annul this resolution shall be brought within 120 days of its adoption. • 12. Certification: The City Clerk shall certify to the adoption of this Resolution. RESOLUTION NO. 14-102 — Page 3 P91 RESOLUTION NO. 14-102 EXHIBIT "A" TRANSPORTATION FEE PROGRAM PROJECTS & PROJECT COSTS L Freeway Interchanges Project Estimate Fl Base Line Road at 1-15 Freeway -Widen NB & SB On-Ramps $340,000 F2 Foothill Boulevard at 1-15 Freeway-Widen NB & SB On-Ramps $1,105,000 F3 Base Line Road at 1-15 Freeway - Interchange Improvements $20,500,000 F4 Arrow Route at 1-15 Freeway - Interchange $41,100,000 F5 Grove Avenue/4th Street at 1-10 Freeway- Interchange Improvements $4,500,000 Total: $67,545,000 Railroad Grade Separations and Crossings Project Estimate R1 Haven Avenue at Metrolink Crossing - Grade Separation $10,840,000 R2 6th Street W/O Lucas Ranch Road - Improve RXR Crossing Gates $880,000 R3 6th Street E/O Santa Anita Avenue - Install new RXR Crossing Gates $880,000 R4 Hellman Avenue at 8th Street- Upgrade Existing RXR Crossing Gates $880,000 Total: $13,480,000 [Bridges Project Estimate B1 6th Street at Cucamonga Creek Channel -Widen Existing Bridge $2,050,000 B2 9th Street at Cucamonga Creek Channel -Widen Existing Bridge $972,000 B3 Arrow Route at Etiwanda Ditch -Widen Existing Bridge $954,000 B4 Banyan Street at Etiwanda Creek Channel - Bridge $1,086,000 B5 Hellman Avenue at Cucamonga Creek Channel -Widen Existing Bridge $6,203,000 B6 Whitram Avenue at Etiwanda Ditch - Bridge $1,196,000 B7 Wilson Avenue at Day Creek Channel - Bridge $1,231,000 B8 Wilson Avenue at Etiwanda Creek Channel - Bridge $2,073,000 Total: $15,765,000 RESOLUTION NO. 14-102 — Page 4 P92 FS-treats Project Estimate S1 6th Street- Santa Anta Avenue to Etiwanda Avenue- Backbone $666,000 S2 Arrow Route - Grove Avenue to Baker Avenue -Widen 2 to 4 Lanes $1,347,000 S3 Arrow Route - 500' E/O 1-15 Fwy to 1,300' E/O 1-15 Fwy -Widen South Side $1,118,000 S4 Banyan Street- Etiwanda Avenue to East Avenue - Widen North Side $987,000 • S5 Banyan Street- East Avenue to Wardman Bullock Road - New Alignment $8,139,000 S6 Base Line Road - Etiwanda Avenue to 1-15 Fwy-Widen North Side 2 to 3 Lanes $983,000 S7 Cherry Avenue -Wilson Avenue to 1-15 Freeway -Widen West Side $1,191,000 S8 Church Street-Archibald Avenue to Haven Avenue -Widen 2 to 4 Lanes $1,276,000 S9 East Avenue - 1-15 to Victoria Street-Various Bottlenecks $816,000 S10 East Avenue - Fire Station to Wilson - New $1,295,000 511 East Avenue -Wilson Avenue to North Rim Way - New $438,000 S12 Etiwanda Avenue -6th Street to Arrow Route -Widen 2 to 4 Lanes $4,125,000 S13 Etiwanda Avenue - Miller Avenue to 850' N/O Miller Avenue -Widen East Side $282,000 S14 Etiwanda Avenue - Banyan St. to Wilson Ave. - Curb and Gutter East Side Only $929,000 S15 Etiwanda Avenue - Existing Northern Terminus to North Rim Way - New $525,000 S16 Foothill Boulevard -Vineyard Avenue to Hellman Avenue-Widen 4 to 6 Lanes $1,204,000 S17 Foothill Boulevard - Hellman Ave. to 700' E/O Hellman Ave. -Widen N/S Only $1,930,000 S18 Foothill Boulevard at Archibald Avenue-Widen Intersection $7,245,000 S19 Foothill Boulevard -Archibald Avenue to Hermosa Avenue -Widen 4 to 6 Lanes $1,959,000 S20 Grove Avenue- 8th Street to Tapia Via-Widen 1 to 2 Lanes East Side Only $1,074,000 S21 Grove Avenue - San Bernardino Rd to Foothill Blvd - Widen 1-2 Lanes E/S Only $661,000 S22 Haven Avenue- Base Line Road to 1-210 Freeway -Widen West Side Only $12,338,000 S23 Lower Crest Road - Etiwanda Avenue to East Avenue- New $1,606,000 S24 Miller Avenue- Etiwanda Avenue to East Avenue -Widen 2 to 4 Lanes $2,426,000 S25 Milliken Avenue - 5th Street to 700' S/O 5th Street-Widen West Side Only $305,000 S26 Victoria Street— E. P.L. of Etiwanda H.S. to 1-15 Fwy - Improve Both Shoulders $294,000 S27 Vintage Drive - Etiwanda Avenue to 1,300' W/O Etiwanda Avenue - New $860,000 S28 Wilson Avenue - Milliken Avenue to Day Creek Boulevard - New $6,824,000 S29 Wilson Avenue - Etiwanda Avenue to East Avenue - Backbone Only $565,000 S30 Wilson Avenue - East Avenue to Wardman Bullock Road - New $6,000,000 S31 Youngs Canyon - Cherry Avenue to Wardman Bullock- New $9,400,000 Total: $78,808,000 RESOLUTION NO. 14-102 — Page 5 P93 Traffic Signals_. Project Estimate T1 4th Street at Richmond Place $350,000 T2 4th Street at Utica Avenue $350,000 T3 6th Street at Buffalo Avenue $350,000 T4 6th Street at Cleveland Avenue $350,000 T5 6th Street at Etiwanda Avenue $350,000 T6 6th Street at Hellman Avenue $350,000 T7 6th Street at Pittsburgh Avenue $350,000 T8 6th Street at Rochester Avenue $350,000 T9 6th Street at Santa Anita Avenue $350,000 T10 6th Street at Utica Avenue $350,000 T11 Archibald Avenue at Banyan Street $350,000 T12 Archibald Avenue at San Bernardino Road $350,000 T13 Archibald Avenue at Victoria Street $350,000 T14 Archibald Avenue at Wilson Avenue $350,000 T15 Arrow Route at Center Avenue $350,000 T16 Banyan Street at Rochester Avenue $350,000 T17 Banyan Street at Wardman Bullock Road $350,000 T18 Base Line Road at San Carmela Court $350,000 T19 Base Line Road at Shelby Place $350,000 T20 Carnelian Street at Banyan Street $350,000 - T21 Carnelian Street at Wilson Avenue $350,000 T22 Cherry Avenue at Youngs Canyon Road $350,000 T23 Church Street at Elm Avenue $350,000 124 Church Street at Mayten Avenue $350,000 T25 Church Street at Ramona Avenue $350,000 T26 Church Street at Terra Vista Parkway $350,000 T27 Civic Center Drive at Red Oak Street $350,000 128 Ridgeline Place at Wilson Avenue $350,000 T29 Day Creek Boulevard at Madrigal Place $350,000 T30 Day Creek Boulevard at Wilson Avenue • $350,000 131 East Avenue at Miller Avenue $350,000 T32 East Avenue at Highland Avenue $350,000 T33 Etiwanda Avenue at Garcia Drive $350,000 T34 Etiwanda Avenue at Whittram Avenue $350,000 T35 Foothill Boulevard at Cornwall Court $350,000 T36 Foothill Boulevard at East Avenue $350,000 T37 Foothill Boulevard at Malachite Avenue $350,000 T38 Haven Avenue at Trademark Street $350,000 T39 Haven Avenue at Valencia Avenue $350,000 RESOLUTION NO. 14-102 - Page 6 P94 Project Estimate T40 Haven Avenue at Wilson Avenue $350,000 T41 Hellman Avenue at 8th Street $350,000 • T42 Hermosa Avenue at Church Street $350,000 T43. Milliken Avenue at 5th Street $350,000 . T44 Milliken Avenue at Wilson Avenue $350,000 T45 Rochester Avenue at Jersey Boulevard $350,000 T46 Spruce Avenue at Elm Avenue $350,000 T47 Spruce Avenue at Mountain View Drive $350,000 T48 Spruce Avenue at Red Oak Street $350,000 T49 Terra Vista Parkway at Spruce Avenue $350,000 T50 Terra Vista Parkway at Town Center Drive $350,000 T51 Town Center Drive at Elm Avenue $350,000 T52 Wilson Avenue at East Avenue $350,000 T53 Wilson Avenue at Etiwanda Avenue $350,000 T54 Wilson Avenue at Etiwanda Avenue (West) $350,000 T55 Wilson Avenue at San Sevaine Road $350,000 T56 Wilson Avenue at Wardman Bullock Road $350,000 T57 Wilson Avenue at Canistel Avenue $350,000 158 4th Street at Golden Lock Road - Left Turn Phasing Upgrade $25,000 T59 Archibald Avenue at Banyan Street- Left Turn Phasing Upgrade $25,000 T60 Arrow Route at Etiwanda Avenue- Left Turn Phasing Upgrade $50,000 T61 Arrow Route at Red Oak Street- Left Turn Phasing Upgrade $25,000 T62 Arrow Route at White Oak Street- Left Turn Phasing Upgrade $25,000 T63 Banyan Street at East Avenue - Left Turn Phasing Upgrade $25,000 T64 Base Line Road at Mountain View Drive- Left Turn Phasing Upgrade $25,000 T65 Base Line Road at Spruce Avenue - Left Turn Phasing Upgrade $25,000 T66 Base Line Road at Valencia Avenue - Left Turn Phasing Upgrade $25,000 T67 Day Creek Boulevard at Silverberry Street- Left Turn Phasing Upgrade $25,000 T68 Day Creek Boulevard at Sugar Gum Street- Left Turn Phasing Upgrade $25,000 T69 Day Creek Boulevard at Victoria Park Lane- Left Turn Phasing Upgrade $25,000 T70 Milliken Avenue at Millenium Court- Left Turn Phasing Upgrade $25,000 T71 Milliken Avenue at Mountain View Drive - Left Turn Phasing Upgrade $25,000 T72 Milliken Avenue at Terra Vista Parkway- Left Turn Phasing Upgrade $25,000 T73 Milliken Avenue at Victoria Park Lane- Left Turn Phasing Upgrade $25,000 T74 Milliken Avenue at Vintage Drive - Left Turn Phasing Upgrade $25,000 Total: $19,600,000 Signal Interconnect Sy_stem__ Project Estimate SI1 Signal Interconnect System $7,700,000 Total: $7,700,000 RESOLUTION NO. 14-102 - Page 7 P95 [Program Totals Category Estimate Freeway Interchanges $67,545,000 Railroad Grade Separations and Crossings $13,480,000 Bridges • $15,765,000 Streets $78,808,000 Traffic Signals $19,600,000 Signal Interconnect System $7,700,000 Total: $202,898,000 DIF Program Cost Item Estimate Program Total $202,898,000 Less Fund Balance as of 2005 -$20,000,000 Sub-Total $182,898,000 Administration Fee (15%) $27,434,700 Total: $210,332,700 RESOLUTION NO. 14-102 — Page 8 P96 RESOLUTION NO. 14-102 EXHIBIT "B" TRANSPORTATION DEVELOPMENT FEES Land Use Type Fee Residential — Single Family Detached Unit $9,002 Residential — Multiple Family Attached Unit $5,401 Apartment or Condominium —Attached Unit $5,401 Senior Housing Attached (Condo or Apartment) — $1,800 Per Bedroom Nursing / Congregate Care — Per Bed $1,800 Commercial — Per 1,000 Square Feet $13,503 Office / Business Park — Per 1,000 Square Feet $10,802 Industrial — Per 1,000 Square Feet $5,401 Warehouse — Per 1,000 Square Feet $4,501 Hotel / Motel — Per Room $7,202 Day Care — Per Student $2,251 Self-Storage — Per Unit $180 Service Station — Per Pump $45,010 RESOLUTION NO. 14-102 — Page 9 P97 RESOLUTION NO. 14-102 EXHIBIT "C" TRANSPORTATION FEE PROGRAM CALCULATIONS j Vacant Land as of February 2005 Vacant Residential Property = 950 acres Single Family Dwelling Units (SFDU) = 5,363 units Multi-Family Dwelling Units (MFDU) = 5,248 units Vacant Industrial Property = 719 acres = 31,319,640 square feet Assuming that the average floor area ratio for General Industrial is 0.5, then the future square footage of industrial development is 31,319,640 square feet x 0.5 = 15,659,820 square feet. Vacant Commercial Property = 334 acres = 14,549,040 square feet Assuming that the average floor area ratio for General Commercial is 0.25, then the future square footage of commercial development is 14,549,040 square feet x 0.25 = 3,637,260 square feet. Equivalent Dwelling Units (EDU)per Land Use • Different types of land uses have different traffic trip generation rates. In order for nexus fees to be tabulated for each type of land use, the "Equivalent Dwelling Units" or EDU for each type of land use must first be determined. The calculation of a particular land use type's EDU is based on the traffic trip generation rate for that land use from the ITE Trip Generation Manual. Per City Resolution No. 91-092, the EDU for various land uses was determined to be as follows: Land Use Type EDU Residential —Single Family Detached Unit 1.0 EDU Residential— Multiple Family Attached Unit 0.6 EDU Apartment or Condominium —Attached Unit 0.6 EDU Senior Housing Attached (Condo or Apartment) — Per Bedroom 0.2 EDU Nursing /Congregate Care— Per Bed 0.2 EDU Commercial— Per 1,000 Square Feet 1.5 EDU Office/ Business Park— Per 1,000 Square Feet 1.2 EDU Industrial— Per 1,000 Square Feet 0.6 EDU Warehouse— Per 1,000 Square Feet 0.5 EDU Hotel/ Motel— Per Room 0.8 EDU Day Care— Per Student 0.25 EDU Self-Storage— Per Unit 0.02 EDU Service Station— Per Pump 5.0 EDU RESOLUTION NO. 14-102 - Page 10 P98 [total Future Equivalent Dwelling Units;(EDUJ v - . E Vacant Land EDU by Future Land Use as of February 2005 Land Use Equivalent Dwelling Units Single-Family Dwelling Unit 5,363 Units 1.00 5,363 Multi-Family Dwelling Unit 5,248 Units 0.60 3,149 Industrial Park (per 1,000 SF) 15,659,820 Square Feet 0.60 9,396 Commercial (per 1,000 SF) 3,637,260 Square Feet 1.50 5,455 Total Future EDU 23,363 E Calculate Cost per Equivalent Dwelling Unit(EDU)_ __. r' .._._ :_ Item Fees Total Cost of Projects $210,332,700 Total Future EDU (as of February 2005) 23,363 Cost per EDU $9,002 E Galcutate Transportation Development Fees by Land Use Item EDU by Fees Land Use Residential — Single Family Detached Unit 1.0 $9,002 Residential— Multiple Family Attached Unit 0.6 $5,401 Apartment or Condominium—Attached Unit 0.6 $5,401 Senior Housing Attached (Condo or Apartment)— Per Bedroom 0.2 $1,800 Nursing/Congregate Care— Per Bed 0.2 $1,800 Commercial— Per 1,000 Square Feet 1.5 $13,503 Office/ Business Park— Per 1,000 Square Feet 1.2 $10,802 Industrial — Per 1,000 Square Feet 0.6 $5,401 Warehouse— Per 1,000 Square Feet 0.5 $4,501 Hotel / Motel— Per Room 0.8 $7,202 Day Care— Per Student 0.25 $2,251 Self-Storage— Per Unit 0.02 $180 Service Station— Per Pump 5.0 $45,010 RESOLUTION NO. 14-102 - Page 11 •7: . .,. 4sielosz it-s' "la...3 ''., C , . ...: _ , . „.„...„). db. ,:, ,../. . -ft 05 .1 ir • ) a) . 1 11111.1_11 [ILI]_ r) Li.tii Li. lip sp u) , .. . .., 11U1 C a S ,...„ . . . . .... -z3) (. l ci a) u) a) Z) ll-1111 „ere ) C , IIMF •■ ; . c , , trIE't AI 11101.1.1 10141(1 CY) C rYV .... .9f.Yr• . ... 4 .4..L sifi .;C Y Y ;. ... ,(J f. ,..... .• ,,,., Y 4 U -I ' as Lu I . a ( * -0;......J „ ,,,. i 0 Fiji U O (� O U LL 2 •. 4 . 1 ;,-2> Etici)V E � 0 aE E _ L OCOC _ IL oE ° � 2 ii„._, OVA `� •� 9 - co � � � o ._ 0 E cift 0 a) >, _o cci u) r ZU -� a'» o � 0 •� � a pOQ � � o 14171;11 r a N D Yr U y Cl) 2 i . 0 J � a .5 ) nk 4 LUI 1 ° � o 2 Do C CZ U O Co N I i a-- U ,x( U. . ; — >, a) w O O ♦U E N CZ 13) szi: n E O U C 0- O cam a " — ° a) o E o Eta) ° tea) o � EO O al _ O CO 0 O = O 'X U N 0 o T (� ,' car .,._. 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C\.I ' t (LS O al O N O i �] a ' O N 4 LL 4 a"I LO T 4--, T ' W CO Q �' • O a) O D 0 0 Z 0 0 O U , > I Lily D a) }, C O Ls-- a) al a) N . �� O +� > > U a) U 0 0 0 0 f 1 o m -o QCO aa) f3 @ (� (� m C m U)It - 0 = M = C3) " . c) _a N O " O -0 O a) 4UJ U >:U U E U § U c .t "' �" U "Cr) U U 0_ U U U w 7� v. 4 «rte . , $o-h4N r ? a, i 1 t 1). Z Q Wl • i t km U 'l Via, 4U o .eC a v Irps ± The P99 STAFF REPORT h CI11'MANAGER'S OFFICE L J RANCHO Date: June 4, 2014 CCUCAMONGA To: Mayor and Members of the City Council John Gillison, City Manager From: Fabian Villenas, Principal Management Analyst By: Deborah Allen, Management Aide— Sustainability Subject: Authorization to Establish a Paid Electric Vehicle Charging Program RECOMMENDATION It is recommended that the City Council provide Staff direction to solicit proposals for Electric Vehicle (EV) digital payment system and to develop for Council's future consideration a resolution establishing fees for vehicles utilizing the charging stations. BACKGROUND Over the last several years, a new generation of electric vehicles has emerged as the leading alternative fuel vehicle for those interested in reducing their dependence on petroleum and its rising cost, and decreasing their vehicle-related emissions that contribute to poor air quality and greenhouse gas emissions. The new electric vehicle technology, and its universal charging compatibility, is embraced by many of the leading car manufacturers. Popular EV models such as the Nissan Leaf, Toyota Prius, and Chevrolet Volt have seen sales increase dramatically and many more electric vehicles are scheduled to be released. With the public's interest in electric vehicles increasing, efforts to provide an Electric Vehicle (EV) charging infrastructure has been underway in metropolitan areas throughout the nation. In Rancho Cucamonga, our Healthy Earth Initiative included the goal of being an EV friendly community. During the early 1990's, the City installed ClipperCreek EV charging stations at various municipal facilities to accommodate the earlier generation of electric vehicles. These outdated units did not have a universal charging feature and could not charge any of the modern electric vehicles. In 2012, the City upgraded seven charging stations at no cost through the Reconnect California Program grant funded by the California Energy Commission (CEC). These new ClipperCreek charging units are able to charge all of the new generation electric vehicles that are currently available. In 2013, three more units were installed through the same grant program. The initial upgraded stations included the Animal Care & Adoption Center, Archibald Library, Civic Center public parking lot, Heritage Park, Metrolink Station, and Red Hill Park. The three additional public EV charging stations were at Beryl Park West, the Corporate Yard public parking lot, and a second station at the Civic Center public parking lot. These updated charging units were installed as part of a grant-funded pilot program to gauge station usage and demand with the intent of evaluating whether applying a charging fee in the future is appropriate. Subsequent signage at each station clearly identified it as a grant-funded pilot program. P100 AUTHORIZATION TO ESTABLISH A PAID ELECTRIC VEHICLE CHARGING PROGRAM PAGE 2 JUNE 4,2014 As the EV Charging Station Program continued to evolve, the City Council last year approved an ordinance that allows a maximum parking period of 4 consecutive hours, with the exception at the Metrolink station, and the authority to issue a parking ticket to any person that does not have the vehicle connected for EV charging purposes. Appropriate signage and pavement marking were installed clearly identifying the EV parking stall and its parking requirements. These efforts maximize the availability of the charging stations so all electric vehicle users can have fair access to the chargers when needed. At that time, staff was also provided direction to evaluate the transition of the pilot program to a paid system. Data usage provided by the charging unit manufacturer shows that 22,200 kilowatt hours (kWh) was utilized during a 2-year period. This represents a sufficient level of usage to support the transition to a paid system. It is anticipated that the City's EV charging stations will be increasingly utilized by both residents and visitors of Rancho Cucamonga as the electric vehicle market grows. A survey was conducted of twenty-five California municipalities and colleges regarding fees for EV charging stations. Similar to the City of Rancho Cucamonga, other municipalities in California initially provided the EV charging station to members of the public for personal charging use at no cost. However, the survey results showed that two-thirds of the agencies have now implemented a pay model to recoup its costs. The average cost of the fees charged by other agencies was $1.70 per hour and it is anticipated that the City would also charge a fee comparable to this price point in order to recoup most of our costs associated with the charging units. In order to convert the charging units to a paid system, a keypad attachment must be purchased and installed on each unit. Funding for this upgrade (estimated at $600 per station) is included in the proposed FY 2014-15 Budget. The City would also need to enter into an agreement with a vendor that provides a digital payment system that allows users through their mobile device to pay for and access a charging session access code for the City's charging units. With the Council's direction to seek proposals for the payment fee system and once a vendor is selected, staff can determine what sort of transaction, administrative, and other fees are charged by the vendor, and subsequently establish an hourly rate that would be recommended for adoption by the City Council. This resolution establishing the hourly charging rate would be brought to the City Council at a future meeting. CONCLUSION It is recommended that the City Council provide Staff direction to solicit proposals for Electric Vehicle (EV) digital payment system and to develop for Council's future consideration a resolution establishing fees for vehicles utilizing the charging stations. The proposed resolution will be brought back to the City Council at a future meeting. Respectfully Submitted, �/�/� , \ �1�y acv i � 0--N• \\ ) Deborah Allen Fabian Villenas Management Aide—Sustainability Principal Management Analyst 1 1 t. diii:0 ,': i. ca —40 0 — : .: co ---./ i ,,.... • .. oti :. !. 4.) imi .. ,, , ,,,i, cio co) • ~ . ~ )... ...,1 '1,4 CIIIIII:1 T�� umm y:. . :,,,.,,t 1=1111: A ‘ CZ pii. :1.1:14,t . CrIll: E .. CC W . - 1. . , . , , ;••4 ;10 1 11161e: '' t':-4- 0 illi tip tiLl) Mi7.,' -.) , NI: C ,..., To) ',, oZ pm. • 1.11 M r1 , . .,,. , .„ . , it. • ..., 0 ,,4I■ _.- 1111" 1.11:1 CIS) • /MI 114 �: - 411111) CZ co; • ~ I gliM4 CZ GP Cl.) ;II tip O p .� Ct c14-1 1-g p V m W C.) 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'11”" .... .. ... . •. .,...___. . € . ..... . t.... .4,-,,.....:s . .. r3.1 .0 ,, :„ IP 4 ..> ., . .. ,- a .., , '', • 'Th "A :tit f i- 1,.. 4 7 ry• t i 4 k ',.,.-.:...,,', .:.- t O W E O eu • - 0 4�S cu zi CL ct • (1) c Imml t © v . .,..c:O It : c Stc Z • � c O . - 0 O ;, to ct U1 . w ' a cID 2 et t o a E • ; © O o et © . 2 et iill Q'a_r ( • ', � a 1.. g . itC ' � U] • ttE V . � • rl cNi 1_0 CA CA • • • • • 11: CZ =I ., J O � , r 14 L3 R. W Z !- i C l _ I U C7 c o W D - z r WWI- w �r ;� Z Ili O ■lt % ' r , . "' i 1 , t rizp „ WD ' 1 '' l . ,. g1 t �•I 1• ate: ail: , CEP) , - .A as A j 414 'i,1, M.: F E . 0 I be - o ' be C/D W in) Q +a C a S W be ct "t C C W � o Z w 0 p_, o •° o . � 7 ' � +' o '- • z o o ' 't © , • • • _P101 STAFF REPORT ENGINEERING SERVICES DEPARTMENT RANCHO Date: June 4, 2014 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: Dan James, Senior Civil Engineer Subject: CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 19.12 OF THE MUNICIPAL CODE PERTAINING TO FLOOD DAMAGE PROTECTION TO COMPLY WITH THE LATEST FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) REGULATIONS IN THE CITY OF RANCHO CUCAMONGA RECOMMENDATION It is recommended that the City Council approve the proposed revised Ordinance. BACKGROUND/ANALYSIS Attached for City Council consideration is a revision to Chapter 19.12 of the Municipal Code pertaining to Flood Damage Protection. The Federal Emergency Management Agency (FEMA) of the Federal Insurance Administration will be adopting the new San Sevaine Physical Map Revision (PMR), effective August 18, 2014. PMRs automatically trigger floodplain ordinance reviews of communities affected by the new Federal Insurance Rate Maps (FIRMs). The FEMA reviewer identified a deficiency in Rancho Cucamonga's current floodplain management ordinance that needs to be corrected no later than July 18, 2014. The Floodplain Management Regulations ordinance implements the provisions of the National Flood Insurance Program. It allows FEMA to offer flood insurance to homeowners within flood hazard zones and also protects the City's eligibility for disaster assistance on streets in flood zone areas. It requires the City to issue special permits for structures within flood hazard zones and requires the new structures to be elevated above or protected from a 100-year storm. This Revision will not impact any building permits. It merely requires the City to make application to FEMA within a set time frame after installation of drainage facilities that impact the FEMA flood zones. Basically the revision amends Section 19.12.040, Administration, by adding "within 6 months" to the FEMA notification paragraph 3.b on page 12 of 19. The last revisions were in 2006. This revision is minor, mostly housekeeping. Respectfully submitted, Mark . euer Director of Engineering Services/City Engineer MAS/DJ:Is P102 ORDINANCE NO. 866 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 19.12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, PROVIDING FOR FLOODPLAIN MANAGEMENT REGULATIONS The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: Chapter 19.12 of the Rancho Cucamonga Municipal code is to be amended to read as follows: CHAPTER 19.12 FLOODPLAIN MANAGEMENT REGULATIONS SECTION 2: 19.12.010 - Authorization, findings, purpose and methods. A. Statutory Authorization. The Legislature of the state of California has in Government Code Section s 65302, 65560, and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the city council of the city of Rancho Cucamonga does adopt the following floodplain management regulations. B. Findings of Fact. • 1. The flood hazard areas of the city are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. 2. These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards that increase flood heights and velocities also contribute to the flood loss. C. Statement of Purpose. It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: 1. Protect human life and health; 2. Minimize expenditure of public money for costly flood control projects; 3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. Minimize prolonged business interruptions; 5. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard; P103 ORDINANCE NO. 866 June 4, 2014 Page 2 6. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage; 7. Ensure that potential buyers are notified that the property is in an area of special flood hazard; and 8. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. D. Methods of Reducing Flood Losses. In order to accomplish its purposes, this chapter includes methods and provisions to: 1. Restrict or prohibit uses which are dangerous to health, safety, and property due to water • or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities; 2. Require that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction; 3. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; 4. Control filling, grading, dredging, and other development which may increase flood damage; and 5. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. 19.12.020 - Definitions. Unless specifically defined in this section, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. "Accessory use" means a use that is incidental and subordinate to the principal use of the parcel of land on which it is located. "Alluvial fan" means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high- velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration. "Apex" means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front. "Appeal" means a request for a review of the floodplain administrator's interpretation of any provision of this chapter. "Area of shallow flooding" means a designated AO or AH zone on the flood insurance rate map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. "Area of special flood hazard." See "special flood hazard area." P104 ORDINANCE NO. 866 June 4, 2014 Page 3 "Area of special flood-related erosion hazard" means the land within a community which is most likely to be subject to severe flood-related erosion losses. The area may be designated as zone E on the flood insurance rate map (FIRM). "Area of special mudslide (i.e., mudflow) hazard" means the area subject to severe mudslides (i.e., mudflows). The area is designated as zone M on the flood insurance rate map (FIRM). "Base flood" means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood"). "Base flood" is the term used throughout this chapter. "Basement" means any area of the building having its floor subgrade, i.e., below ground level, on all sides. "Breakaway walls" means any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material, which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than twenty pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions: 1. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and • 2. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood. "Building." See "structure." "Coastal high-hazard area" means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high-velocity wave action from storms or seismic sources. It is an area subject to high-velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a flood insurance rate map (FIRM) as zone V1-V30, VE, or V. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. "Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). P105 ORDINANCE NO. 866 June 4, 2014 Page 4 "Flood," "flooding," or "flood water" means: 1. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows). See "mudslides"; and 2. The condition resulting from flood-related erosion. See "flood-related erosion." "Flood boundary and floodway map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway. "Flood hazard boundary map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards. "Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood insurance rate map, the flood boundary and floodway map, and the water surface elevation of the base flood. "Flood-related erosion" means the collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding. "Flood-related erosion area" or "flood-related erosion-prone area" means a land area adjoining the shore of a lake or other body of water, which due to the composition of the shoreline or bank and high water levels or wind-driven currents, is likely to suffer flood-related erosion damage. "Flood-related erosion area management" means the operation of an overall program of corrective and preventive measures for reducing flood-related erosion damage, including but not limited to emergency preparedness plans, flood-related erosion control works, and floodplain management regulations. "Floodplain administrator" means the individual appointed to administer and enforce the floodplain management regulations. "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans. "Floodplain management regulations" means this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage. P106 ORDINANCE NO. 866 June 4, 2014 Page 5 "Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source. See "Flooding." "Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. (Refer to FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93 for guidelines on dry and wet floodproofing.) "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "regulatory floodway." "Floodway fringe"means that area of the floodplain on either side of the "regulatory floodway" where encroachment may be permitted. "Fraud and victimization"as related to Section 19.12.060, "Variances,"of this chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the city of Rancho Cucamonga will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates. "Functionally dependent use" means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities. "Governing body" means the local governing unit, i.e., county or municipality that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry. "Hardship" as related to Section 19.12.060, 'Variances," of this chapter means the exceptional hardship that would result from a failure to grant the requested variance. The city council requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. "Historic structure" means any structure that is: 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; P107 ORDINANCE NO. 866 June 4, 2014 Page 6 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs. "Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding. "Levee system" means a flood protection system, which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices. "Lowest floor" means the lowest floor of the lowest enclosed area, including basement. (See "basement" definition). 1. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non- elevation design requirements, including, but not limited to: a. The wet floodproofing standard in Section 19.12.050(A)(3)(c) of this chapter; b. The anchoring standards in Section 19.12.050(A)(1) of this chapter; c. The construction materials and methods standards in Section 19.12.050(A)(2) of this chapter; and d. The standards for utilities in Section 19.12.050(B) of this chapter. 2. For residential structures, all subgrade-enclosed areas are prohibited as they are considered to be basements(see"basement"definition). This prohibition includes below- grade garages and storage areas. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle." "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. "Market value" shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation, which has accrued since the structure was constructed.The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry. The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the floodplain administrator, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those P108 ORDINANCE NO. 866 June 4, 2014 Page 7 contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences. "Mean sea level" means, for purposes of the national flood insurance program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced. "Mudslide" (i.e., mudflow) means and describes a condition where there is a river, flow or inundation of liquid mud down a hillside, usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of water on the ground, preceded by a period of unusually heavy or sustained rain. "Mudslide (Le., mudflow) prone area" means an area with land surfaces and slopes of unconsolidated material where the history, geology, and climate indicate a potential for mudflow. New construction," for floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of floodplain management regulations adopted by this community, and includes any subsequent improvements to such structures. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by this community. "Obstruction" means and includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. "One-hundred-year flood." See "base flood." "Primary frontal dune" means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively mild slope. "Public safety and nuisance" as related to Section 19.12.060, "Variances," of this chapter means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. "Recreational vehicle" means a vehicle which is: 1. Built on a single chassis; 2. Four hundred square feet or less when measured at the largest horizontal projection; 3. Designed to be self-propelled or permanently towable by a tight-duty truck; and P109 ORDINANCE NO. 866 June 4, 2014 Page 8 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. "Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. "Remedy a violation" means to bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the chapter or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development. "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. "Sand dunes"means naturally occurring accumulations of sand in ridges or mounds landward of the beach. "Sheet flow area." See "area of shallow flooding." "Special flood hazard area (SFHA)" means an area in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V. "Start of construction" means and includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural.part of a building, whether or not that alteration affects the external dimensions of the building. "Structure" means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred. "Substantial improvement" means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: P110 ORDINANCE NO. 866 June 4, 2014 Page 9 1. Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or 2. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." "V zone." See "coastal high-hazard area." "Variance" means a grant of relief from the requirements of this chapter that permits construction in a manner that would otherwise be prohibited by this chapter. "Violation" means the failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided. "Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. "Watercourse"means a lake, river, creek, stream,wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. 19.12.030 - General provisions. A. Lands to Which this Chapter Applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city. B. Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the flood insurance study (FIS) for the city of Rancho Cucamonga dated March 5, 1984 and accompanying flood insurance rate maps (FIRMs) and flood boundary and floodway maps (FBFMs), dated January 17, 1997, and all subsequent amendments and/or revisions, are adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the city council by the floodplain administrator. The study, FIS, FIRMs and FBFMs are on file in the office of the city engineer located at 10500 Civic Center Drive, Rancho Cucamonga, CA 91729. C. Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the term of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing in this chapter shall prevent the city council from taking such lawful action as is necessary to prevent or remedy any violation. D. Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. P111 ORDINANCE NO. 866 June 4, 2014 Page 10 E. Interpretation. In the interpretation and application of this chapter, all provisions shall be: 1. Considered as minimum requirements; 2. Liberally construed in favor of the governing body; and 3. Deemed neither to limit nor repeal any other powers granted under state statutes. F. Warning and Disclaimer of Liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of city council, any officer or employee thereof, the state of California, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made under this chapter. G. Severability. This chapter and the various parts thereof are declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. 19.12.040 - Administration. A. Establishment of Development Permit. A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in Section 19.12.030(B) of this chapter. Application for a development permit shall be made on forms furnished by the floodplain administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information are required: 1. Site plan, including but not limited to: a. For all proposed structures, spot ground elevations at building corners and twenty- foot or smaller intervals along the foundation footprint, or one-foot contour elevations throughout the building site, and b. Proposed locations of water supply, sanitary sewer, and utilities, and c. If available, the base flood elevation from the flood insurance study and/or flood insurance rate map, and d. If applicable, the location of the regulatory floodway; 2. Foundation design detail, including but not limited to: a. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures, and b. For a crawl-space foundation, location and total net area of foundation openings as required in Section 19.12.050(A)(3)(c) of this chapter and FEMA Technical Bulletins 1-93 and 7-93, and P112 ORDINANCE NO. 866 June 4, 2014 Page 11 c. For foundations placed on fill, the location and height of fill, and compaction requirements (compacted to ninety-five percent using the standard proctor test method); and 3. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section 19.12.050(A)(3)(c) of this chapter and FEMA Technical Bulletin TB 3-93; and 4. All appropriate certifications listed in subsection (C)(4) of this section; and 5. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. B. Designation of the Floodplain Administrator. The city engineer is appointed to administer, implement, and enforce this chapter by granting or denying development permits in accord with its provisions. C. Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the floodplain administrator shall include, but not be limited to the following: 1. Permit Review. Review all development permits to determine that: a. Permit requirements of this chapter have been satisfied, b. All other required state and federal permits have been obtained, c. The site is reasonably safe from flooding, and d. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point; 2. Review, Use and Development of Other Base Flood Data. a. When base flood elevation data has not been provided in accordance with Section 19.12.030(B) of this chapter, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Section 19.12.050 of this chapter. Any such information shall be submitted to the city council for adoption, or b. If no base flood elevation date is available from a federal or state agency or other source, then a base flood elevation shall be obtained using one of two methods from the FEMA publication "Managing Floodplain Development in Approximate Zone A Areas—A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated July 1995 in order to administer Section 19.12.050 of this chapter: i. Simplified Method. (A) One-hundred-year or base flood discharge shall be obtained using the appropriate regression equation found in a U.S. geological survey publication, or the discharge-drainage area method, and (B) Base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or P113 ORDINANCE NO. 866 June 4, 2014 Page 12 ii. Detailed Method. (A) One-hundred-year or base flood discharge shall be obtained using the U.S. Army Corps of Engineers' HEC-HMS computer program, and (B) Base flood elevation shall be obtained using the U.S. Army Corps or Engineer's HEC-RAS computer program; 3. Notification of Other Agencies. In alteration or relocation of a watercourse: a. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation, b. Submit new technical data to notify the Federal Insurance Administration, Federal Emergency Management Agency of changes in the base flood elevation within 6 months, and c. Assure that the flood-carrying capacity within the altered or relocated portion of such watercourse is maintained; 4. Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following: a. Certification required by Sections 19.12.050(A)(3)(a) and 19.12.050(D) of this chapter (lowest floor elevations), b. Certification required by Section 19.12.050(A)(3)(b) of this chapter (elevation or floodproofing of nonresidential structures), c. Certification required by Section 19.12.050(A)(3)(c) of this chapter (wet floodproofing standard), d. Certification of elevation required by Section 19.12.050(C)(2) of this chapter (subdivision standards), e. Certification required by Section 19.12.050(F)(1) of this chapter (floodway encroachments), f. Reports required by Section 19.12.050(G)(3) of this chapter (mudflow standards); 5. Map Determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard. Where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 19.12.060 of this chapter; 6. Remedial Action. Take action to remedy violations of this chapter as specified in Section 19.12.030(C) of this chapter. D. Appeals. The city council of the city of Rancho Cucamonga shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this chapter. 19.12.050 - Provisions for flood hazard reduction. A. Standards of Construction. In all areas of special flood hazards, the following standards are required: P114 ORDINANCE NO. 866 June 4, 2014 Page 13 1. Anchoring. a. All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. b. All manufactured homes shall meet the anchoring standards of subsection D of this section. 2. Construction Materials and Methods. All new construction and substantial improvement shall be constructed: a. With flood-resistant materials as specified in FEMA Technical Bulletin TB 2-93, and utility equipment resistant to flood damage; b. Using methods and practices that minimize flood damage; c. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and if d. Within zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. 3. Elevation and Floodproofing. (See Section 19.12.010 definitions for"basement," "lowest floor," "new construction," "substantial damage" and "substantial improvement.") a. Residential construction, new or substantial improvement, shall have the lowest floor, including basement: i. In an AO zone, elevated above the highest adjacent grade to a height exceeding the depth number specified in feet on the FIRM by at least two feet, or elevated at least four feet above the highest adjacent grade if no depth number is specified; ii. In an A zone, the lowest floor elevated to at least two feet above the base flood elevation; such base flood elevation shall be determined by one of the methods in Section 19.12.040(C)(2) of this chapter; iii. In all other zones, elevated to at least two feet above the base flood elevation. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator. b. Nonresidential construction, new or substantial improvement, shall either be elevated to conform with subsection (A)(3)(a) of this section or together with attendant utility and sanitary facilities: i. Be floodproofed below the elevation recommended under subsection (A)(3)(a) of this section so that the structure is watertight with walls substantially impermeable to the passage of water; ii. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and P115 ORDINANCE NO. 866 June 4, 2014 Page 14 Hi. Be certified by a registered professional engineer or architect that the standards of this subsection (A)(3)(b) of this section are satisfied. Such certification shall be provided to the floodplain administrator. c. All new construction and substantial improvement with fully enclosed areas below the lowest floor(excluding basements)that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood water. Designs for meeting this requirement shall follow the guidelines in FEMA Technical Bulletins TB 1-93 and TB 7-93, and must exceed the following minimum criteria: i. Have a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of flood water; or H. Be certified by a registered professional engineer or architect. d. Manufactured homes shall also meet the standards in subsection D of this section. B. Standards for Utilities. 1. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate: a. Infiltration of flood waters into the systems; and b. Discharge from the systems into flood waters. • 2. On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding. C. Standards for Subdivisions. 1. All preliminary subdivision proposals shall identify the special flood hazard area and the elevation of the base flood. 2. All subdivision plans will provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the lowest floor and pad elevations shall be certified by a registered professional engineer or surveyor and provided to the floodplain administrator. 3. All subdivision proposals shall be consistent with the need to minimize flood damage. 4. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. 5. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards. D. Standards for Manufactured Homes. 1. All manufactured homes that are placed or substantially improved, within zones A1-30, AH, and AE on the community's flood insurance rate map, on sites located: a. Outside of a manufactured home park or subdivision; b. In a new manufactured home park or subdivision; P116 ORDINANCE NO. 866 June 4, 2014 Page 15 c. In an expansion to an existing manufactured home park or subdivision; or d. In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to at least two feet above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. 2. All manufactured homes that are placed or substantially improved on sites located within zones V1-30, V, and VE on the community's flood insurance rate map will meet the requirements of subsections (D)(1) and G of this section. 3. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1-30, AH, AE, V1-30, V, and VE on the community's flood insurance rate map that are not subject to the provisions of paragraph 5.4 A will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the: a. Lowest floor of the manufactured home is at least two feet above the base flood elevation; b. Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six inches in height above grade. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator. E. Standards for Recreational Vehicles. 1. All recreation vehicles placed on sites within zones A1-30, AH, and AE on the community's flood insurance rate map will either: a. Be on the site for fewer than one hundred eighty consecutive days, and be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or b. Meet the permit requirements of Section 19.12.040 of this chapter and the elevation and anchoring requirements for manufactured homes in subsection (D)(1) of this section. F. Floodways. Located within areas of special flood hazard established in Section 19.12.030(B) of this chapter are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters, which carry debris, potential projectiles, and erosion potential, the following provisions apply: 1. Prohibit encroachments, including fill, new construction, substantial improvement, and other new development unless certification by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in [the base] flood elevation during the occurrence of the base flood discharge; P117 ORDINANCE NO. 866 June 4, 2014 Page 16 2. If subsection (F)(1) of this section is satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this section. G. Mudslide (i.e., Mudflow) Prone Areas. 1. The floodplain administrator shall review permits for proposed construction of other development to determine if it is proposed within a mudslide area. 2. Permits shall be reviewed to determine that the proposed site and improvement will be reasonably safe from mudslide hazards. Factors to be considered in making this determination include but are not limited to: a. The type and quality of soils; b. Evidence of groundwater or surface water problems; c. Depth and quality of any fill; d. Overall slope of the site; and e. Weight that any proposed development will impose on the slope. 3. Within areas that may have mudslide hazards, the floodplain administrator shall require that: a. A site investigation and further review be made by persons qualified in geology and soils engineering; b. The proposed grading, excavation, new construction, and substantial improvement be adequately designed and protected against mudslide damages; c. The proposed grading, excavations, new construction, and substantial improvement not aggravate the existing hazard by creating either on-site or off-site disturbances; and d. Drainage, planting, watering, and maintenance not endanger slope stability. H. Flood-Related Erosion-Prone Areas. 1. The floodplain administrator shall require permits for proposed construction and other development within all flood-related erosion-prone areas as known to the community. 2. Permit applications shall be reviewed to determine whether the proposed site alterations and improvements will be reasonably safe from flood-related erosion and will not cause flood-related erosion hazards or otherwise aggravate the existing hazard. 3. If a proposed improvement is found to be in the path of flood-related erosion or would increase the erosion hazard, such improvement shall be relocated or adequate protective measures shall be taken to avoid aggravating the existing erosion hazard. 4. Within zone E on the flood insurance rate map, a setback is required for all new development from the ocean, lake, bay, riverfront or other body of water to create a safety buffer consisting of a natural vegetative or contour strip. This buffer shall be designated according to the flood-related erosion hazard and erosion rate, in relation to the anticipated "useful life" of structures, and depending upon the geologic, hydrologic, topographic, and climatic characteristics of the land. The buffer may be used for suitable open space purposes, such as for agricultural, forestry, outdoor recreation and wildlife habitat areas, and for other activities using temporary and portable structures only. P118 ORDINANCE NO. 866 June 4, 2014 Page 17 19.12.060 -Variance procedure. A. Nature of Variances. The variance criteria set forth in this section are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners. It is the duty of the city council to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate. B. Appeal Board. 1. In passing upon requests for variances, the city council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and the: a. Danger that materials may be swept onto other lands to the injury of others; b. Danger of life and property due to flooding or erosion damage; c. Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property; d. Importance of the services provided by the proposed facility to the community; e. Necessity to the facility of a waterfront location, where applicable; f. Availability of alternative locations for the proposed use, which are not subject to flooding or erosion damage; g. Compatibility of the proposed use with existing and anticipated development; h. Relationship of the proposed use to the comprehensive plan and floodplain management program for that area; i. Safety of access to the property in time of flood for ordinary and emergency vehicles; j. Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and k. Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges. 2. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that: P119 ORDINANCE NO. 866 June 4, 2014 Page 18 a. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars for one hundred dollars of insurance coverage; and b. Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the floodplain administrator in the office of the county of San Bernardino recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. 3. The floodplain administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency. C. Conditions for Variances. 1. Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Sections 19.12.040 and 19.12.050 of this chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases. 2. Variances may be issued for the repair or rehabilitation of"historic structures" (as defined in Section 19.12.020 of this chapter) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. 3. Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result. 4. Variances shall only be issued upon a determination that the variance is the "minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the city council need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the city council believes will both provide relief and preserve the integrity of the local ordinance. 5. Variances shall only be issued upon a: a. Showing of good and sufficient cause; b. Determination that failure to grant the variance would result in exceptional"hardship" (as defined in Section 19.12.020 of this chapter) to the applicant; and c. Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (as defined in Section 19.12.020 of this chapter. See "public safety or nuisance"), cause fraud or victimization (as defined in Section 19.12.020 of this chapter) of the public, or conflict with existing local laws or ordinances. 6. Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use P120 ORDINANCE NO. 866 June 4, 2014 Page 19 provided that the provisions of subsections (C)(1)through (5) of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance. 7. Upon consideration of the factors of subsection (A)(3) of this section and the purposes of this chapter, the city council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.