HomeMy WebLinkAbout2015/09/02 - Agenda Packet - Special/Regular10500 Civic Center Drive Rancho Cucamonga, CA 91730-3801
City Office: (909) 477-2700
AGENDAS
FIRE PROTECTION DISTRICT BOARD
SUCCESSOR AGENCY
PUBLIC FINANCING AUTHORITY
CITY COUNCIL
.
. WEDNESDAY, SEPTEMBER 2, 2015 .
REGULAR MEETINGS
1st and 3rd Wednesdays 7:00 P.M.
.
ORDER OF BUSINESS
CLOSED SESSION Tapia Conference Room ................. 5:00 P.M.
Call to Order
Public Communications
Conduct of Closed Session
City Manager Announcements
SPECIAL MEETING Council Chambers .......................... 6:30 P.M.
REGULAR MEETINGS Council Chambers .......................... 7:00 P.M.
MEMBERS
MAYOR L. Dennis Michael
MAYOR PRO TEM Sam Spagnolo
COUNCIL MEMBERS William Alexander
Lynne B. Kennedy
Diane Williams
CITY MANAGER John R. Gillison
CITY ATTORNEY James L. Markman
CITY CLERK Janice C. Reynolds
CITY TREASURER James C. Frost
TO ADDRESS THE FIRE BOARD, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL
The Fire Board, Successor Agency, Public Financing Authority and City Council encourage free expression of all points
of view. To allow all persons to speak, given the length of the Agenda, please keep your remarks brief. If others have
already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a
spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the
audience should refrain from clapping, booing or shouts of approval or disagreement from the audience.
The public may address the Fire Board, Successor Agency, Public Financing Authority 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, Successor Agency, Public Financing Authority or City Council should be given to the City Clerk for
distribution.
During “Public Communications,” your name will be called to speak on any item listed or not listed on the agenda in the
order in which it was received. The “Public Communications” period will not exceed one hour prior to the
commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a
topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these
business items (with the exception of public hearing items) will be accepted once the business portion of the agenda
commences. Any other “Public Communications” which have not concluded during this one-hour period may resume
after the regular business portion of the agenda has been completed. Comments are to be limited to five minutes per
individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak.
If you are present to speak on an “Advertised Public Hearing” or on an “Administrative Hearing” Item(s), your name will
be 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, Successor Agency, Public Financing Authority and City Council meetings are broadcast live on Channel 3
for those with cable television access. Meetings are rebroadcast on the second and fourth Wednesdays of each
month at 11:00 a.m. and 7:00 p.m. The City has added the option for customers without cable access to view the
meetings "on-demand" from their computers. The added feature of "Streaming Video On Demand" is available on the
City's website at www.cityofrc.us/cityhall/council/videos.asp for those with Hi-bandwidth (DSL/Cable Modem) or
Low-bandwidth (Dial-up) Internet service.
The Fire Board, Successor Agency, Public Financing Authority and City Council meet regularly on the first and third
Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive.
Members of the City Council also sit as the Fire Board, Successor Agency, Public Financing Authority and City Council.
Copies of the agendas and minutes can be found @ www.cityofrc.us
Please turn off all cellular phones and pagers while the meeting is in session.
INFORMATION FOR THE PUBLIC
If you need special assistance or accommodations to participate in this meeting, please
contact the City Clerk's office at (909) 477-2700. Notification of 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility.
Listening devices are available for the hearing impaired.
FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY,
PUBLIC FINANCING AUTHORITY AND
CITY COUNCIL AGENDA
SEPTEMBER 2, 2015
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A1. Roll Call: Mayor Michael
Mayor Pro Tem Spagnolo
Council Members Alexander, Kennedy and Williams
CLOSED SESSION CALLED TO ORDER AS THE
CITY COUNCIL.
B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)
D. CITY MANAGER ANNOUNCEMENTS
(NO DISCUSSION OR ACTION WILL OCCUR)
E. CONDUCT OF CLOSED SESSION – TAPIA CONFERENCE ROOM
E1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE
SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE SOUTH SIDE OF
SAN BERNARDINO ROAD AND EAST OF VINEYARD AVENUE; NEGOTIATING PARTIES
NETTIE NIELSEN REPRESENTING THE CITY OF RANCHO CUCAMONGA AND LIDIA
TALAVERA REPRESENTING NAI CAPITAL; REGARDING PRICE AND TERMS. – CITY
E2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(B) – NUMBER OF CASES (1) – CITY
F. RECESS
CLOSED SESSION TO RECESS TO THE REGULAR FIRE PROTECTION DISTRICT, PUBLIC
FINANCING AUTHORITY, SUCCESSOR AGENCY 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.
A. 5:00 P.M. – CLOSED SESSION
CALL TO ORDER – TAPIA CONFERENCE ROOM
FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY,
PUBLIC FINANCING AUTHORITY AND
CITY COUNCIL AGENDA
SEPTEMBER 2, 2015
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G. SPECIAL MEETING OF THE CITY COUNCIL ONLY
CALL TO ORDER – 6:30 P.M.
COUNCIL CHAMBERS
THE SPECIAL MEETING OF THE CITY COUNCIL WILL BE CALLED TO ORDER
G1. Pledge of Allegiance
G2. Roll Call: Mayor Michael
Mayor Pro Tem Spagnolo
Council Members Alexander, Kennedy and Williams
H. ITEMS OF BUSINESS
H1. Presentation of Certificates of Recognition to Little League Baseball “All-Star” Team and RC
ACE U-12 Gold Team.
A. Alta Loma Little League - Junior Division – “All-Stars”
District 71 and Section 8 - Champions
B. RC ACE U12 - Gold Team
3rd Place in ASA District Tournament
H2. PUBLIC COMMUNICATION ON ITEM LISTED ON THE SPECIAL MEETING AGENDA.
I. ADJOURN
THE REGULAR CITY COUNCIL MEETING WILL CONVENE AT 7:00 P.M. IN THE COUNCIL
CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO
CUCAMONGA, CALIFORNIA.
FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY,
PUBLIC FINANCING AUTHORITY AND
CITY COUNCIL AGENDA
SEPTEMBER 2, 2015
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J. REGULAR MEETING
CALL TO ORDER – 7:00 P.M.
COUNCIL CHAMBERS
THE REGULAR MEETINGS OF THE FIRE PROTECTION DISTRICT, PUBLIC FINANCING
AUTHORITY, SUCCESSOR AGENCY 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.
J1. Pledge of Allegiance
J2. Roll Call: Mayor Michael
Mayor Pro Tem Spagnolo
Council Members Alexander, Kennedy and Williams
K. ANNOUNCEMENTS/PRESENTATIONS
K1. Recognition of the Animal Center’s Pet Cadets (junior volunteers) for their service at the kitten
nursery.
L. PUBLIC COMMUNICATIONS
This is the time and place for the general public to address the Fire Protection District,
Public Financing Authority Board, Successor Agency and City Council on any item listed or
not listed on the agenda. State law prohibits the Fire Protection District, Public Financing
Authority Board, Successor Agency and City Council from addressing any issue not previously
included on the Agenda. The Fire Board, Public Financing Authority Board, Successor Agency and
City Council may receive testimony and set the matter for a subsequent meeting.
Comments are to be limited to five minutes per individual or less, as deemed necessary by
the Mayor, depending upon the number of individuals desiring to speak. All communications
are to be addressed directly to the Fire Board, Authority Board, Successor Agency or City Council
not to the members of the audience. This is a professional business meeting and courtesy and
decorum are expected. Please refrain from any debate between audience and speaker, making
loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting.
The public communications period will not exceed one hour prior to the commencement of
the business portion of the agenda. During this one hour period, all those who wish to speak on
a topic contained in the business portion of the agenda will be given priority, and no further speaker
cards for these business items (with the exception of public hearing items) will be accepted once
the business portion of the agenda commences. Any other public communications which have not
concluded during this one hour period may resume after the regular business portion of the agenda
has been completed.
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FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY,
PUBLIC FINANCING AUTHORITY AND
CITY COUNCIL AGENDA
SEPTEMBER 2, 2015
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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.
M. CONSENT CALENDAR – FIRE PROTECTION DISTRICT
M1. Consideration to approve Minutes of: August 19, 2015 (Regular Meeting)
M2. Consideration to approve Check Register dated August 12, 2015 through August 25, 2015
for the total of $257,093.96.
M3. Approval to authorize an increase to Contract No. 15-084 in the amount of $166,350.00
($151,225.00 plus a ten percent (10%) contingency) to Architerra Design Group and approve
Amendment No. 02 for the addition of landscape architectural services for the Landscape
Water Saving Conversions design projects at the Amethyst, San Bernardino, Day Creek,
Banyan, East Ave and Hellman fire stations, in accordance with the proposal dated August
18, 2015, funded from Account No. 3288501-5602.
N. CONSENT CALENDAR – SUCCESSOR AGENCY
N1. Consideration to approve Minutes of: August 19, 2015 (Regular Meeting)
O. CONSENT CALENDAR – PUBLIC FINANCING AUTHORITY
O1. Consideration to approve Minutes of: August 19, 2015 (Regular Meeting)
P. CONSENT CALENDAR – CITY COUNCIL
P1. Consideration to approve Minutes of: August 19, 2015 (Special Meeting Traffic Signal)
and August 19, 2015 (Regular Meeting).
P2. Consideration to approve Check Register dated August 12, 2015 through August 25, 2015
and payroll ending August 25, 2015 for the total of $6,446,961.60.
P3. Consideration of a Resolution of the City Council of the City of Rancho Cucamonga,
California, adopting the Measure "I" Five-Year Capital Improvement Program covering fiscal
years 2015/2020.
RESOLUTION NO. 15-166
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, STATE OF CALIFORNIA, ADOPTING THE MEASURE “I”
FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM COVERING FISCAL
YEARS 2015/2020 FOR THE EXPENDITURE OF MEASURE "I" FUNDS
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FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY,
PUBLIC FINANCING AUTHORITY AND
CITY COUNCIL AGENDA
SEPTEMBER 2, 2015
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P4. Consideration to release Maintenance Guarantee Bond No. 58712982-M, in the amount of
$39,091.93, for the Fiscal Year 2013/2014 Local Street Pavement Rehabilitation – Overlay
of Various Streets Project, Contract No. 14-072.
P5. Consideration to accept the FY 2014/2015 Local Street Pavement Rehabilitation – Slurry of
Various Streets Project, Contract No. 15-056 as complete, release the Bonds, accept a
Maintenance Bond, authorize the City Engineer to file a Notice of Completion and approve
the final contract amount of $376,625.00.
RESOLUTION NO. 15-167
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE FY 2014/2015 LOCAL
STREET PAVEMENT REHABILITATION – SLURRY OF VARIOUS
STREETS PROJECT, CONTRACT NO. 15-056 AND AUTHORIZING
THE FILING OF A NOTICE OF COMPLETION FOR THE WORK
P6. Consideration to approve the award and execution of Professional Services Agreement in
the amount of $510,000 to Jericho Systems Incorporated, for a not to exceed 5-year photo-
tracking monitoring study of the Wilson Avenue wildlife culverts, to be funded from Fund 124
– Transportation, Account No. 11243035650/1515124-0, and to appropriate $560,000 to
Account No. 11243035650/1515124-0 from Transportation Fund balance (contract award
plus incidentals).
P7. Consideration of approval to accept Improvements, release the Faithful Performance Bond,
accept a Maintenance Bond and file a Notice of Completion for improvements for Tract
18819, located at the south west corner of Etiwanda Avenue and Victoria Street, submitted
by Etiwanda Classics, LLC.
RESOLUTION NO. 15-168
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR TRACT 18819 AND AUTHORIZING THE FILING
OF A NOTICE OF COMPLETION FOR THE WORK.
P8. Consideration to approve a Resolution updating the Rancho Cucamonga City Employees
Association Salary Schedule for Fiscal Year 2015-16, reflecting an amended Accounting
Manager Classification.
RESOLUTION NO. 15-171
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE CITY EMPLOYEES
ASSOCIATION SALARY SCHEDULE FOR FISCAL YEAR 2015-16,
REFLECTING AN AMENDED ACCOUNTING MANAGER
CLASSIFICATION
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FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY,
PUBLIC FINANCING AUTHORITY AND
CITY COUNCIL AGENDA
SEPTEMBER 2, 2015
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Q. CONSENT ORDINANCES
The following Ordinances have been introduced for first reading. Second readings are
expected to be routine and non-controversial. The City Council will act upon them at one
time without discussion. The City Clerk will read the title. Any item can be removed for
discussion by a Council Member.
Q1. Consideration of adopting an Ordinance of the City Council of the City of Rancho
Cucamonga, California, establishing expedited, streamlined permitting process for small
residential rooftop solar systems, and amending Title 15 of the Rancho Cucamonga
Municipal Code.
ORDINANCE NO. 878 (SECOND READING)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ESTABLISHING EXPEDITED,
STREAMLINED PERMITTING PROCESS FOR SMALL RESIDENTIAL
ROOFTOP SOLAR SYSTEMS, AND AMENDING TITLE 15 OF THE
RANCHO CUCAMONGA MUNICIPAL CODE.
R. CONTINUED ADVERTISED PUBLIC HEARINGS
CITY COUNCIL/ FIRE DISTRICT
The following Public Hearing items are continued from the August 19, 2015 City Council
Meeting.
R1. Consideration to award Energy Services Contracts, accept the proposals and authorize the
execution of Design-Build Agreements to SolarCity Corporation based out of Riverside,
California in the amount of $4,507,229 (City) and $443,270 (Fire) for Solar Photovoltaic
Systems, operations and maintenance agreements in the amount of $1,067,605 (City) and
$201,901 (Fire), and performance guarantee agreements in the amount of $124,412 (City)
and $10,426 (Fire); amend the existing professional services agreement with Newcomb,
Anderson, and McCormick (CO.14-247) for phase 2 solar energy engineering services and
increase the purchase order by $107,160; consider adoption of Resolution No. 15-170
authorizing interfund loan from capital reserve fund 025 to general fund 001 and sports
complex fund 700 for the purchase and installation of solar photovoltaic systems at Central
Park and Epicenter; consider adoption of Resolution Nos. 15-169 and FD 15-022 making
certain findings in compliance with Government Code 4217.10 et seq; consider making
findings relative to the California Environmental Quality Act (CEQA); and authorize staff to
appropriate the necessary funding into general fund 001, capital reserve fund 025, sports
complex fund 700, and fire district capital fund 288 to provide funding for these transactions.
–City & Fire (Item was continued from the 8/19 Joint Public Hearing City Council/Fire District
Meeting)
RESOLUTION NO. 15-169
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA MAKING FINDINGS AND AUTHORIZING THE CITY TO
ENTER INTO AN ENERGY SERVICE CONTRACT PURSUANT TO
GOVERNMENT CODE SECTION 4217.10, ET SEQ., FOR THE
COMLETE DESIGN, CONSTRUCTION AND INSTALLATION OF A
CARPORT SOLAR PHOTOVOLTAIC SYSTEM AT CENTRAL PARK
AND THE EPICENTER.
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FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY,
PUBLIC FINANCING AUTHORITY AND
CITY COUNCIL AGENDA
SEPTEMBER 2, 2015
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RESOLUTION NO. FD 15-022
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO
CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO
CUCAMONGA, CALIFORNIA, MAKING FINDINGS AND
AUTHORIZING THE FIRE DISTRICT TO ENTER INTO AN ENERGY
SERVICE CONTRACT PURSUANT TO GOVERNMENT CODE
SECTION 4217.10, ET SEQ., FOR THE COMPLETE DESIGN,
CONSTRUCTION, AND INSTALLATION OF A CARPORT AND
GROUND-MOUNT SOLAR PHOTOVOLTAIC SYSTEM AT BANYAN
(#175) AND DAY CREEK FIRE (#173) STATIONS.
RESOLUTION NO. 15-170
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AUTHORIZING AN INTERFUND LOAN
FROM CAPITAL RESERVE FUND 025 TO GENERAL FUND 001 IN THE
AMOUNT OF $2,379,156 AND TO SPORTS COMPLEX FUND 700 IN
THE AMOUNT OF $3,215,612 FOR THE PURCHASE AND
INSTALLATION OF SOLAR PHOTOVOLTAIC SYSTEMS AT CENTRAL
PARK AND EPICENTER.
S. ADVERTISED PUBLIC HEARINGS
CITY COUNCIL
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.
S1. DEVELOPMENT CODE AMENDMENT DRC2015-00610 AND ADDENDUM TO THE
GENERAL PLAN FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT (FPEIR) (SCH
#200061027) – CITY OF RANCHO CUCAMONGA - A supplement to Development Code
Update DRC2010-00571 amending Title 17 (Development Code) of the Rancho Cucamonga
Municipal Code to modify landscaping standards and to clarify definitions, administrative
procedures and correct prior errors and omissions as well as a proposed addendum to the
General Plan Final Program Environmental Impact Report (FPEIR).
ORDINANCE NO. 879 (FIRST READING)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA CALIFORNIA ADOPTING A SUPPLEMENTAL
DEVELOPMENT CODE UPDATE DRC2015-00610, AMENDING TITLE
17 (DEVELOPMENT CODE) OF THE RANCHO CUCAMONGA
MUNICIPAL CODE TO MODIFY LANDSCAPING STANDARDS,
CLARIFY DEFINITIONS, ADMINISTRATIVE PROCEDURES AND
CORRECT PRIOR ERRORS AND OMISSIONS AS WELL AS AN
ADDENDUM TO THE GENERAL PLAN FINAL PROGRAM
ENVIRONMENTAL IMPACT REPORT.
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FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY,
PUBLIC FINANCING AUTHORITY AND
CITY COUNCIL AGENDA
SEPTEMBER 2, 2015
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T. COUNCIL BUSINESS
The following items have been requested by the City Council for discussion.
T1. INTER-AGENCY UPDATES (Update by the City Council to the community on the
meetings that were attended.)
T2. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council
Member.)
U. IDENTIFICATION OF ITEMS FOR NEXT MEETING
V. ADJOURNMENT
CERTIFICATION
I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or
my designee, hereby certify under penalty of perjury that a true, accurate copy of the
foregoing agenda was posted on August 27, 2015, seventy-two (72) hours prior to the
meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga,
California, and on the City’s website.
_______________________________
Linda A. Troyan, MMC
City Clerk Services Director
City of Rancho Cucamonga
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August 19, 2015
CITY OF RANCHO CUCAMONGA
CITY COUNCIL SPECIAL MEETING MINUTES
A.CALL TO ORDER
A special meeting of the City of Rancho Cucamonga City Council was held on Wednesday, August 19,
2015, in the Tri-Communities Conference Room at City Hall located at 10500 Civic Center Drive, Rancho
Cucamonga, California. Mayor L. Dennis Michael called the meeting to order at 3:31 p.m.
Linda Daniels, Assistant City Manager, led the Pledge of Allegiance.
Present were Council Members: Bill Alexander, Diane Williams, Lynne Kennedy, Mayor Pro Tem Sam
Spagnolo and Mayor L. Dennis Michael.
Also present were: John Gillison, City Manager; Linda Daniels, Assistant City Manager; Mark Steuer,
Director of Engineering Services/City Engineer; Jason Welday, Traffic Engineer; Craig Cruz, Associate
Engineer; and Linda Troyan, City Clerk Services Director.
B.PUBLIC COMMUNICATIONS
No communication was made from the public.
C.ITEM(S) OF BUSINESS
C1. Presentation, discussion, and comment regarding the proposed integration of new traffic signal
operations including Flashing Yellow Arrow phasing and Pedestrian Hybrid Traffic Signals into the
City’s traffic signal system.
Jason Welday, Traffic Engineer; Craig Cruz, Associate Engineer; and Consultant Mark Miller of Albert
Grover & Associates, presented a PowerPoint and answered questions on a proposal to include three
Flashing Yellow Arrow Light Signals and one Pedestrian Hybrid Traffic Signal into the City’s traffic
system. Costs for incorporating the new type of traffic signals are contained in the fiscal year 2015-16
budget and appropriate documents will be forthcoming to Council for approval.
City Council received and filed the informational presentation. No action was taken.
D.ADJOURNMENT
The meeting adjourned at 4:35 p.m.
Respectfully submitted,
__________________________________
Linda A. Troyan, MMC
City Clerk Services Director
Approved: * * * * *
August 19, 2015
CITY OF RANCHO CUCAMONGA
CLOSED SESSION, FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY,
PUBLIC FINANCING AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES
A. CALL TO ORDER
The City of Rancho Cucamonga City Council held a closed session on Wednesday, August 19, 2015 in
the Tapia Conference Room at the Civic Center, 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, Lynne Kennedy, Diane Williams, Mayor Pro Tem Sam
Spagnolo and Mayor L. Dennis Michael.
Also present were: John Gillison, City Manager; James L. Markman, City Attorney; Linda Daniels,
Assistant City Manager; Lori Sassoon, Deputy City Manager/Administrative Services; Jeff Bloom, Deputy
City Manager/Economic and Community Development; and Nettie Nielsen, Community Services Director.
B. ANNOUNCEMENT OF CLOSED SESSION ITEMS
The following closed session item s were considered:
E1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE
SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE SOUTH SIDE OF SAN
BERNARDINO ROAD AND EAST OF VINEYARD AVENUE; NEGOTIATING PARTIES NETTIE
NIELSEN REPRESENTING THE CITY OF RANCHO CUCAMONGA AND LIDIA TALAVERA
REPRESENTING NAI CAPITAL; REGARDING PRICE AND TERMS. – CITY
E2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(B) – NUMBER OF CASES (2) – SUCCESSOR
AGENCY
C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)
No public communications were made.
D. CITY MANAGER ANNOUNCEMENTS
No discussion or action was taken.
RECESS
The closed session recessed at 6:10 p.m. with no action taken.
REGULAR MEETING
CALL TO ORDER – 7:00 P.M.
COUNCIL CHAMBER
The regular meetings of the Rancho Cucamonga Fire Protection District, Successor Agency, Public
Financing Authority and the City of Rancho Cucamonga City Council reconvened in the Council Chambers
at City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor L. Dennis Michael
called the meeting to order at 7:00 p.m.
Present were Council Members: Bill Alexander, Lynne Kennedy, Diane Williams, Mayor Pro Tem Sam
Spagnolo and Mayor L. Dennis Michael.
Also present were: John Gillison, City Manager; Linda Daniels, Assistant City Manager; James L.
Markman, City Attorney; Linda A. Troyan, City Clerk Services Director and Adrian Garcia, Assistant City
Clerk.
Council Member Kennedy led the Pledge of Allegiance.
H. ANNOUNCEMENTS/PRESENTATIONS
H1. Presentation of Certificates of Recognition to Committee Members and Sponsors for 2015
Special Olympics World Games Host Town efforts.
Recognition to Sponsors (Supporters) –
Mayor Michael introduced Francie Palmer, Communications Manager and Chair of the Host Town efforts
who commented on the Host Town experience, expressed gratitude to supporters and showed a video of
activities hosted by the City of Rancho Cucamonga as a Special Olympics World Games Host Town.
Mayor Michael and Members of the City Council recognized and presented the following Supporters of
the 2015 Special Olympics World Games Host Town with Certificates of Recognition: (*In attendance)
Abundant Living Church, Pastor Torrian Scott *
Bank of America, Cathy Paredes *
Burrtec Waste Management Industries, Jimmy Tatosian *
Chaffey College, Justin Caudill *
Church of Jesus Christ Latter Day Saints, Caryn Payzant and Mark Smith
Coca-Cola, Rose Wolf *
Filippi Winery
Forest City Developers, Melina Ferraez
Four Points by Sheraton, Erin Kitchen
Greater Ontario Convention & Visitors Bureau, Sue Oxarart *
Kaiser Permanente, Gwen Kleist
Rancho Cucamonga Chamber of Commerce, Maribel Brown *
Rancho Cucamonga Quakes, Grant Riddle
Shakey’s Pizza, Gail Hill and Lisa Fantocone *
Sons of Italy, David Cerboni *
Recognition to Committee Members -
Francie Palmer, Communications Manager, shared Host Town Committee Members contributions and
what it meant for the athletes, the City and the event.
Mayor Michael and Members of the City Council expressed gratitude to the following Committee Members
and presented Certificates of Recognition: (*In attendance)
Lorie Campbell *
Mark Chase, City of Ontario
Sgt. Phil Dupper, Rancho Cucamonga Police Department
Shawn Epstein, Rancho Cucamonga Fire District
Jenny Hanlon, City of Rancho Cucamonga *
Albert Ixco, Rancho Cucamonga Police Department
Sean Keliiholoka, Greater Ontario Convention & Visitor Bureau
Abbey Leffler, Special Olympics Southern California, Regional Director IE *
Dawna Marx, Church of Latter Day Saints *
Sue Oxarart, Greater Ontario Convention & Visitor Bureau *
Francie Palmer, City of Rancho Cucamonga *
Caryn Payzant, Church of Latter Day Saints
Sgt. Mario Salazar, Rancho Cucamonga Police Department
Daniel Schneider, City of Rancho Cucamonga *
Lonnie Shipman, City of Rancho Cucamonga
Angelica Smith, City of Rancho Cucamonga *
Tanya Spiegel, City of Ontario
LaChelle Sutphen, City of Rancho Cucamonga *
Mayor Michael shared an excerpt from a letter he received from Mr. H. Askelsson, Head Coach of the
Special Olympics Icelandic Powerlifting Team, thanking everyone.
I. PUBLIC COMMUNICATIONS
I1. Erin Morales, CVWD, spoke about the District’s Parkway Turf Replacement Rebate Program to
single family, residential customers for removing the turf in their parkway. She also commended
the City for its conservation efforts and 40% reduction in water usage for the month of July.
I2. Janet Walton offered prayer.
I3. Nancy Brinkley invited everyone to attend the Associated Artists of the Inland Empire 51st Annual
Juried Art Show on September 11 - 13, 2015 at Victoria Gardens Cultural Center.
I4. Tom Palzer thanked Public Works Department, Sheriff’s Department and Council for installing
stop signs and marking the intersection north of Baseline and Victoria Parkway.
I5. Bill Hanlon opposed the West-Side Neighborhood Parks and Street Lighting ballot measure.
I6. Jim Moffatt spoke about a recent neighborhood meeting regarding the West-Side Neighborhood
Parks and Street Lighting ballot measure.
I7. Mike Dalton spoke in opposition to the West-Side Neighborhood Parks and Street Lighting ballot
measure.
I8. Dulce Correa, Sunrun Solar, supported Agenda Item O1., Ordinance 878, pertaining to solar.
I9. David Cerboni, President, Sons of Italy, announced their Annual Poker Tournament event held
on August 22, 2015 at the Magic Lamp Inn and spoke in support of the West-Side Neighborhood
Parks and Street Lighting ballot measure.
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. Consideration to approve Minutes of: August 5, 2015 (Regular Meeting)
J2. Consideration to approve Check Register dated July 29, 2015 through August 11, 2015 for the
total of $319,884.46.
MOTION: Moved by Board Member Alexander, seconded by Vice-President Spagnolo, to approve the
Staff Recommendations in the Staff Reports for Consent Calendar Items J1 and J2. Motion carried 5-0.
K. CONSENT CALENDAR – SUCCESSOR AGENCY
K1. Consideration to approve Minutes of: August 5, 2015 (Regular Meeting)
MOTION: Moved by Vice-President Spagnolo, seconded by Agency Member Williams, to approve the
Minutes of August 5, 2015. Motion carried 5-0.
L. CONSENT CALENDAR – PUBLIC FINANCING AUTHORITY
L1. Consideration to approve Minutes of: August 5, 2015 (Regular Meeting)
MOTION: Moved by Authority Member Williams, seconded by Authority Member Kennedy, to approve the
Minutes of August 5, 2015. Motion carried 5-0.
M. CONSENT CALENDAR – CITY COUNCIL
M1. Consideration to approve Minutes of: August 5, 2015 (Regular Meeting)
M2. Consideration to approve Check Register dated July 29, 2015 through August 11, 2015 and
payroll ending August 11, 2015 for the total of $6,427,806.65.
M3. Continuation of Resolution No. 15-093, proclaiming the existence of a Local Drought Emergency
under Government Code Section 8630 and Rancho Cucamonga Municipal Code Section 2.36.
M4. Consideration of the request to accept the bids received and award and authorize the execution
of the contract in the amount of $42,365.00, to the lowest responsive bidder, New Vision
Construction, and authorize the expenditure of a 10% contingency in the amount of $4,236.50,
for the Demolition and Reclamation of existing buildings at the future Los Amigos Park Project
to be funded from Park Development Funds, Account No. 1120401-5650/1754120-0 and
appropriate $46,601.50 (Contract award of $42,365.00 plus 10% contingency in the amount of
$4,236.50) into Account No. 1120401-5650/1754120-0 from Park Development fund balance.
M5. Consideration of a request to approve a Contract with Major League Softball Incorporated (MLS)
to provide Adult Softball League Services.
M6. Consideration to accept the bids received and award and authorize the execution of the contract
for the Base Bid and Alternate Bid 1 items 2-5, in the amount of $1,076,200.00, to the lowest
responsive bidder, Hardy & Harper Inc., and authorize the expenditure of a 10% contingency in
the amount of $107,620.00, for the Foothill Boulevard Pavement Rehabilitation Project from
Vineyard Avenue to Haven Avenue to be funded from Measure I and Citywide Infrastructure
Funds, Account Nos. 1177303-5650/1855177-0 and 1198303-5650/1881198-0.
M7. Consideration to accept the Arrow Route Electric Distribution Line Extension project, Contract
No. 14-103 as complete, release the Bonds, accept a Maintenance Bond, authorize the City
Engineer to file a Notice of Completion and approve the final contract amount of $1,826,061.90.
RESOLUTION NO. 15-162
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE ARROW ROUTE
ELECTRIC DISTRIBUTION LINE EXTENSION PROJECT, CONTRACT NO.
14-103, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION
FOR THE WORK.
M8. Consideration to release Maintenance Guarantee Bond No. CSB0008324 in the amount of
$21,442.57, for the Deer Creek Channel Bike Trail improvements from Base Line Road to
Highland Avenue, Contract No. 13-130.
M9. Consideration of approval of Improvement Agreement Extension for Tract 16578, located on the
west side of East Avenue, south of Victoria Street, submitted by Plaza Developments East Ave
LLC.
RESOLUTION NO. 15-163
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT
EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16578
M10. Consideration to approve Amendment No. 1 to the Cooperative Agreement with the California
Department of Transportation (Caltrans) and the San Bernardino County Associated
Governments (SANBAG) (Caltrans Agreement No. 08-1549; CO.13-169) providing for the partial
relief of maintenance responsibilities during the construction phase of the Interstate 15 at Base
Line Road Interchange Improvement Project.
M11. Consideration to accept the proposals received, award and authorize the execution of a contract
in the amount not to exceed $220,466.00 for the Phase 2-Solar Photovoltaic System Installation
at Rancho Cucamonga City Hall project in accordance with RFP #15/16-004, to MD Energy, Inc.
and authorize the expenditure of a 10% contingency in the amount of $22,046 to be funded from
1025001-5602 Capital Outlay-Building and Improvements and approve an appropriation in the
amount of $77,512.00 from the Capital Reserve Account Fund (025) into account 1025001-
5602.
M12. Consideration to approve specifications for the Citywide Concrete Repair - FY 2015/1016 project
and authorize the City Clerk to advertise the “Notice Inviting Bids”; to be funded from Account
Numbers 1001318-5300 (Street Maintenance), 1177303-5300 (Measure I), 1131303-5300
(LMD 2) and 1134303-5300 (LMD 4R) as approved in the FY 2015/2016 budget.
RESOLUTION NO. 15-164
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE
CITYWIDE CONCRETE REPAIR - FY 2015/1016 PROJECT IN SAID CITY
AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE
TO RECEIVE BIDS
M13. Consideration to accept the bids received, award and authorize the execution of a contract in
the amount of $85,000.00 for the “Department of Innovation and Technology (DoIT) Tenant
Improvement Project” to the lowest responsive bidder, St. George Construction of Corona,
authorize the expenditure of a contingency in the amount of $8,500.00 and appropriate
$93,500.00 from Account 1025001-5602 (Capital Reserve).
M14. Consideration to approve specifications for the 2015/2016 Parks Painting Project and authorize
the City Clerk to advertise the “Notice Inviting Bids”, to be funded from accounts: 1131303-5300
(LMD 2), 1134303-5300 (LMD 4), 1139303-5300 (LMD 9), 1140303-5300 (LMD 10) and
1868203-5300 (CFD 2000-03).
RESOLUTION NO. 15-165
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA APPROVING SPECIFICATIONS FOR THE 2015/2016
PARKS PAINTING PROJECT IN SAID CITY AND AUTHORIZING AND
DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS.
M15. Consideration to authorize the purchase of one (1) compressed natural gas (CNG) storm drain
truck and 60-month warranty for the blower from Haaker Equipment Company of La Verne,
California in accordance with request for proposal (“RFP”) #14/15-109 (replacing unit #1651) in
the amount of $471,469.04 from Account Nos. 1712001-5604 and 1712001-5300
(Equipment/Vehicle Replacement); and authorize the appropriation of $471,469.04 from the
Equipment/Vehicle Replacement fund balance into 1712001-5604 ($448,504.04) and 1712001-
5300 ($22,965).
M16. Consideration to Accept and to Allocate $18,000 Awarded by the California State Library into
Library Revenue Account 1290000-4740/0-3730 and Appropriate $8,700 into Expenditure
Account 1290603-5010/0-3730, $1,300 into Expenditure Account 1290603-5030/0-3730 and
$8,000 into Expenditure Account 1290603-5200/0-3730 for California Library Literacy Services.
M17. Consideration to Accept and to Allocate $84,590 Awarded by the California State Library into
Library Revenue Account 1292000-4740/0-3764 and Appropriate $15,000 into Expenditure
Account 1292602-5100/0-3764 AND $69,590 into Expenditure Account 1292602-5200/0-3764
for Staff Innovation Fund - Statewide Project.
M18. Consideration of the Housing Element Annual Progress Report for 2014.
M19. Consideration to Accept and to Allocate $5,000 Awarded by the California State Library into
Library Revenue Account 1291000-4740/0-3765 and Appropriate $1,320 into Expenditure
Account 1291602-5010/0-3765 and $180 into Expenditure Account 1291602-5030/0-3765 and
$3,500 into Expenditure Account 1291602-5200/0-3765 for STEM Education Outreach.
M20. Consideration to approve and to allocate $10,000 awarded by Kaiser Foundation Hospital,
Southern California Region into Healthy RC Revenue Account No. 1218000-4905 and
appropriate $10,000 into Account No. 1218107-5200/0-3716 for costs associated with the
Brining Health Home Program.
MOTION: Moved by Council Member Alexander, seconded by Council Member Williams, to approve the
Staff Recommendations in the Staff Reports for Consent Calendar Items M1. through M20. Motion carried
5-0.
N. ADVERTISED JOINT PUBLIC HEARING
CITY COUNCIL/FIRE DISTRICT
N1. Continuance of Advertised Joint Public Hearing- Consideration to award energy services
contracts to SolarCity Corporation based out of Riverside, California and consider the adoption
of the proposed Resolution entitled “A resolution of the City Council and Fire District of the City
of Rancho Cucamonga making findings necessary to authorize energy services contracts for
carport, ground-mount, and rooftop solar photovoltaic systems at Central Park, Epicenter,
Banyan and Day Creek Fire Stations and making findings relative to the California
Environmental Quality Act (CEQA) that the solar photovoltaic systems are categorically exempt
and accepting the proposal of and awarding energy services contracts to SolarCity Corporation
for the complete design, construction, and installation of the solar photovoltaic systems at the
City and Fire District facilities”. – City & Fire (To be Continued to September 2, 2015 City Council
Meeting)
Mayor Michael announced Staff is requesting the Joint Public Hearing be continued to the September 2,
2015 Meeting at 7:00 p.m.
Mayor Michael opened the Public Hearing.
Public Communication: There were none.
MOTION: Moved by Council Member Alexander, seconded by Council Member Kennedy, to continue the
public hearing to September 2, 2015 at 7:00 p.m. Motion carried 5-0.
O. CITY MANAGER’S STAFF REPORTS
CITY COUNCIL
O1. Consideration of adopting an Ordinance of the City Council of the City of Rancho Cucamonga,
California, establishing expedited, streamlined permitting process for small residential rooftop
solar systems, and amending Title 15 of the Rancho Cucamonga Municipal Code.
ORDINANCE NO. 878 (FIRST READING)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ESTABLISHING EXPEDITED,
STREAMLINED PERMITTING PROCESS FOR SMALL RESIDENTIAL
ROOFTOP SOLAR SYSTEMS, AND AMENDING TITLE 15 OF THE
RANCHO CUCAMONGA MUNICIPAL CODE.
John Gillison, City Manager, introduced Trang Huynh, Building & Safety Services Director; Michael
Frasure, Building Inspection Supervisor, Building & Safety Department and Deborah Allen, Management
Aide, Sustainability, City Manager’s Office, who gave the Staff Report on Item O1. Staff displayed a
PowerPoint presentation and responded to Council questions.
MOTION: Moved by Mayor Pro Tem Spagnolo, seconded by Council Member Williams, to introduce
Ordinance No. 878, waive full reading, and hear the Ordinance by Title only.
Linda Troyan, City Clerk Services Director, read the title of Ordinance No. 878.
VOTES NOW CAST ON MOTION: Moved by Council Member Alexander, seconded by Council Member
Williams, to introduce Ordinance No. 878, waive full reading, and hear the Ordinance by Title only. Motion
carried 5-0.
P. COUNCIL BUSINESS
P1. INTER-AGENCY UPDATES (Update by the City Council to the community on the meetings
that were attended.)
Mayor Pro Tem Spagnolo talked about a recent event where Gentex Corporation, located in Rancho
Cucamonga, showcased its F-35 Lightning II mobile cockpit demonstrator to state and local elected
officials.
Council Member Williams reported on her attendance at a LAFCO meeting held earlier in the day.
Council Member Alexander and Mayor Michael acknowledged members of Boy Scout Troop 776 attending
the Council meeting.
P2. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council
Member.)
Council Member Williams announced a network program on September 11 at noon about youth trends.
She urged parents to contact her for further details.
Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING
There were none.
R. ADJOURNMENT
The meeting was adjourned at 8:07 p.m.
Respectfully submitted,
__________________________________
Linda A. Troyan, MMC
City Clerk Services Director
Approved: * * * * *
The City of Rancho Cucamonga is proud to recognize:
DYLAN VALASEK
ALTA LOMA LITTLE LEAGUE-JUNIOR DIVISION-ALL STARS
For your exemplary and high level of athletic ability, a strong sense of character and a good
sportsmanship and your outstanding accomplishment of winning the
2015 District 71 and Section 8 Championships
Date William J. Alexander Mayor of the City of Rancho Cucamonga
September 2, 2015
The City of Rancho Cucamonga is proud to recognize:
September 2, 2015
In honor of winning 3rd Place in the American Softball Association (ASA)
District Tournament
AMANDA MAUREEN FLORES
RANCHO CUCAMONGA ACE U12-GOLD TEAM
August 19, 2015 | Regular City Council Meeting
H1. Presentation of Certificates of Recognition to
Committee Members and Sponsors (Supporters) for
2015 Special Olympics World Games Host Town efforts.
A COPY OF THE ITEM H1. PRESENTATION VIDEO
IS ARCHIVED IN THE CITY CLERK VAULT, ROOM U32
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AP 00361 1 34 08/1 2/201 5 FLEETPRIDE 0.00 589.66 589.66
AP 00361 1 35 08/12/201 5 G.A . TECHNICAL SERVICES 1 24,622.01 0.00 1 24,622.01
AP 00361 136 08/12/2015 GAIL MATERIALS 1,009.92 0.00 1,009.92
AP 00361 137 08/1 2/2015 GALLS RETAI L CA LOCK BOX 764.43 0.00 764.43
AP 00361 138 08/12/201 5 GARCIA, ROSALI E 1 32.00 0.00 1 32.00
AP 00361 139 08/1 2/201 5 GEOGRAPHICS 4,329.10 0.00 4,329.10
AP 00361 140 08/1 2/201 5 GLOBALSTAR 74.60 0.00 74.60
A P 00361 1 41 08/1 2/201 5 GODINES, LAUREN 1 90.00 0.00 1 90.00
AP 00361 142 08/1 2/201 5 GOLDEN SUN 898.49 0.00 898.49
A P 00361 143 08/1 2/201 5 GOLDS TA R ASPHA LT PRODUCTS 378 .00 0.00 378.00
AP 00361 144 08/1 2/201 5 GONZALEZ. GLENDA 20.00 0.00 20.00
A P 00361 145 08/1 2/201 5 GRAINGER 399.10 1 ,064.99 1 ,464.09
AP 00361 146 08/1 2/201 5 GRAYBAR 91 8.86 0.00 918.86
AP 00361 147 08/1 2/201 5 GU ERRA, KELLY 1 20.07 0.00 1 20.07
AP 00361 1 48 08/1 2/201 5 HOME DEPOT CREDIT SERVICES 645 2,389.49 0.00 2,389.49
AP 00361 149 08/1 2/201 5 HOSE MAN INC 241.94 0.00 241.94
AP 00361 1 50 08/1 2/201 5 HOYT LUMBER CO., SM 0.00 1 1 .25 1 1 .25
AP 00361 1 51 08/1 2/201 5 HURTA DO, HUMBERTO 166.00 0.00 1 66.00
AP 00361 1 52 08/1 2/201 5 IATSE NATI ONAL H EALTH & WELFARE FUNDS 288 .00 0.00 288.00
AP 00361 1 53 08/12/201 5 I CMA 0.00 200 .00 200 .00
AP 00361 154 08/1 2/201 5 INDER WI ESCH E, MA TT 690 .00 0.00 690.00
AP 00361 155 08/1 2/201 5 INTERACTIVE DATA CORPORATION 1 1 5.52 0.00 1 1 5 .52
AP 00361 156 08/1 2/201 5 INTERNATIONAL LINE BUI LDERS I NC 864.1 4 0.00 864.1 4
AP 00361 1 57 08/1 2/201 5 J J KELLER AND ASSOC INC 945.00 0.00 945.00
AP 00361 1 58 08/1 2/201 5 JACOBSEN DI VISION OF TEXTRON INC 1 79.60 0.00 179.60
A P 00361 1 59 08/12/201 5 J AM EX 2,834.40 0.00 2,834.40
AP 00361 160 08/1 2/201 5 JOHNSON MACHINERY COMPAN Y 1 ,458.98 0.00 1,458.98
AP 00361 1 61 08/1 2/201 5 J RC HOUSING 1 ,445.00 0.00 1,445.00
AP 00361 1 62 08/12/201 5 JRC HOUSING 4,800.00 0.00 4,800.00
A P 00361 1 63 08/1 2/201 5 KA ISER FOUNDATION HEALTH PLAN INC 203,654.69 0.00 203,654.69
AP 00361 164 08/1 2/201 5 KRONOS INC 0.00 5,409.69 5,409.69
AP 00361 165 08/1 2/201 5 LAKE CHEVROLET 27 ,61 1.57 0.00 27,61 1.57
AP 00361 166 08/12/201 5 LOS ANGELES FREIGHTLINER 249.42 0.00 249.42
P3
4 Cu rrent Date: 08/26/201 5 Page: User: VLOPEZ - VERONICA LOPEZ
Report: CK AG ENDA REG PORTRAIT CONSOLIDATED - CK: Agenda Check Register Portrait L Time: 1 4:24:24
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Agenda Check Register
8/1 2/201 5 through 8/25/201 5
Check No. Check Date Vendor Name Fire
* **
AP 00361 169 08/1 2/201 5 LU'S LIGHTHOUSE INC 0.00 1 72 .69 1 72.69
AP 00361 1 70 08/1 2/201 5 MACS SPRING SHOP 550.00 0.00 550 .00
AP 00361 1 71 08/1 2/201 5 MARK CH RI STOPH ER INC 49.88 0.00 49 .88
AP 00361 1 72 08/1 2/201 5 MA RQUEZ , EMMANUEL J 83.34 0.00 83 .34
AP 00361 1 73 08/1 2/201 5 MATTI E , RICK 200.00 0.00 200.00
AP 00361 174 08/1 2/201 5 MCFA DDEN DALE HAR DWA RE 420 .50 0 .00 420.50
AP 00361 1 75 08/1 21201 5 MCI 32.04 0.00 32 .04
AP 00361 176 08/1 2/201 5 MCMASTER CARR SUPPLY COMPANY 97 .06 0.00 97.06
AP 00361 177 08/1 2/2015 MCMURRAY STERN INC 0.00 1 ,785.00 1 ,785.00
AP 00361 178 08/1 2/201 5 MEINEKE CAR CARE CENTER 1 ,000. 13 0.00 1 ,000. 13
AP 00361 179 08/1 2/201 5 MGT OF AM ERICA INC 3,500.00 0.00 3,500 .00
AP 00361 180 08/1 2/201 5 MIJAC ALARM COMPANY 0.00 2 ,583 .00 2.583 .00
AP 00361 181 08/1 2/201 5 M ITSUBISHI ELECTRIC US INC 626 .95 0.00 626.95
AP 00361 182 08/1 2/201 5 MK AUTO DETA I L INC 0.00 365.00 365.00
AP 00361 1 83 08/1 2/201 5 MOUNTAIN VI EW SMALL ENG REPAI R 58.22 0.00 58 .22
AP 00361 1 84 08/12/201 5 MTZ CREATIVE CONCRETE INC 500.00 0.00 500 .00
A P 00361 185 08/1 2/201 5 M UNICI PAL WATER DISTRICT OF ORANGE COUNTY 180.00 0.00 1 80 .00
AP 00361 186 08/1 2/201 5 MUSICSTA R 528.00 0.00 528.00
A P 00361 187 08112/201 5 N F P A 3, 1 32.00 0.00 3, 132.00
AP 00361 188 08/12/201 5 NAFA FLEET MANAGEMENT ASSOCIATI ON 489 .00 0.00 489 .00
AP 00361 189 08/1 2/201 5 NAPA AUTO PARTS 0.00 658.21 658.21
AP 00361 190 08/1 2/201 5 NBS 563.75 0.00 563 .75
AP 00361 191 08/1 2/201 5 NEXTEL 0.00 164.97 1 64.97
AP 00361 192 08/1 2/201 5 OCAMPO, GRISELDA 500 .00 0.00 500.00
A P 00361 194 08/1 2/201 5 OFFICE DEPOT 6,088.56 323 .98 6,412 .54
AP 00361 195 08/1 2/201 5 ONTARIO ICE SKATING CENTER 1 ,71 3.60 0.00 1 ,713 .60
AP 00361 1 96 08/1 2/201 5 ONTARIO WINN ELSON CO 41 5.06 0.00 415 .06
A P 00361 197 08/1 2/201 5 ONTARIO , CITY OF 0.00 1 0.000.00 1 0,000 .00
AP 00361 1 98 08/1 2/2015 PANZINO , JASON JAM ES 500.00 0.00 500.00
A P 00361 1 99 08/1 2/201 5 PATTON SALES CORP 66.50 0.00 66.50
A P 0036 1 200 08112/20 1 5 PEP BOYS 1 95.60 0.00 1 95 .60
A P 00361 201 08/1 2/201 5 PEREZ, MICHAEL 1 00.00 0.00 1 00 .00
AP 00361 202 08/1 2/201 5 PETES ROAD SERVICE I NC 1 ,559.22 0.00 1 ,559.22
AP 00361 203 08/1 2/201 5 PONGAN , EPH RAI M 500 .00 0.00 500 .00
AP 00361 204 08/12/201 5 POOPAT , NAN 1 2 .00 0.00 1 2 .00
AP 00361 205 08/1 2/201 5 PRO SALES GROUP INC 984 .78 0.00 984 .78
AP 00361 206 08/1 2/201 5 QUINONEZ, MELISSA 79.78 0.00 79 .78
AP 00361 207 08/1 2/201 5 RBM LOCK AND KEY SERVICE 21 2 .22 0.00 21 2.22
AP 00361 208 08/12/201 5 READ, YOLANDA 250.00 0 .00 250 .00
AP 00361 209 08/1 2/201 5 ROBLES , RAUL P 420 .00 0.00 420 .00
AP 00361 21 0 08/1 2/201 5 RODRIGUEZ INC, RY 902 .02 0.00 902 .02
AP 00361 21 1 08/1 2/201 5 ROTARY CORPORATION 376.36 0.00 376 .36
AP 00361 21 2 08/12/2015 SAN BERNARDINO COUNTY SHERI FFS DEPT 191,251.89 0.00 191,251.89
AP 00361 21 3 08/12/201 5 SAN BERNA RDINO CTY AUDITOR CONTROLLER REC< 23,258.33 0.00 23,258 .33
AP 00361 21 4 08/1 2/2015 SC FUELS 27 .526.65 0.00 27,526 .65
A P 00361 21 5 08/1 2/201 5 SDC LEAGUE H EALTH FUND 675 .00 0.00 675 .00
A P 00361 21 6 08/1 2/201 5 SDC LEAGUE PENSION FUND 272.00 0.00 272.00
P4
5 Cu rrent Date: 08/26/201 5 Page: User: VLOPEZ - VERONICA LOPEZ
Report: CK AG ENDA REG PORTRAIT CONSOLIDATED - CK: Agenda Check Register Portrait L Time: 1 4:24:24
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Agenda Check Register
8/1 2/201 5 throu_gh 8/25/201 5
Check No. Check Date Vendor Name City Fi re Amou nt
AP 00361217 08/12/201 5 SHOETERI A 6,1 17.05 0.00 6,1 17.05
AP 00361218 08/12/201 5 SI-IRED PROS 0.00 45.00 45.00
AP 00361219 08/12/201 5 SIGN SHOP, TH E 405.00 0.00 405.00
AP 00361220 08/12/2015 SIGTRONICS CORPORATION 0.00 710.79 710.79
AP 00361225 08/12/201 5 SOUTHERN CALIFORNIA EDISON 53,564.15 1.737.72 55,301.87 ***
A P 00361226 08/12/201 5 SOUTHLAN D SPORTS OFFICI ALS 230.00 0.00 230 .00
AP 00361227 08/12/201 5 STANDARD INSU RANCE COMPANY 16,025.78 0.00 16.025 .78
A P 00361 228 08/12/201 5 STANGL, CASEY 1 ,133.00 0.00 1.133.00
A P 00361229 08/12/201 5 TERMINI X PROCESSING CENTER 0.00 347.75 347.75
AP 00361230 08/12/201 5 THOM PSON INFORMATI ON SERVICES 429.00 0.00 429.00
A P 00361 231 08/12/201 5 TONG. WEN DY Y 500.00 0.00 500.00
A P 00361232 08/12/201 5 TRAFFI CWA RE LLC 2,528.85 0.00 2,528.85
AP 00361233 08/12/201 5 TRAK ENGINEERING INC 0.00 4,661.79 4,661.79
AP 00361 234 08/12/2015 TRI MMER, PATRI CIA A 261 .25 0.00 261 .25
AP 00361 235 08/12/201 5 TRUCK VAULT INC 2,355.00 0.00 2,355.00
AP 00361236 08/12/201 5 U.S. BANK PARS ACCT #6746022500 10,895.90 0.00 I 0,895.90
AP 00361 237 08/12/201 5 U.S. BANK PA'RS ACCT #6746022500 3,900.00 0.00 3,900.00
AP 00361238 08/12/201 5 U.S. BANK PARS ACCT #6746022500 1 ,005.13 0.00 1 .005.13
AP 00361239 08/12/201 5 U.S. BANK PARS ACCT #6746022500 1,035.58 0.00 1,035.58
AP 00361240 08/12/201 5 U LINE 303.84 0.00 303.84
A P 0036124 1 08/12/201 5 UN ITED PACI FI C SER VI CES INC 260.00 0.00 260.00
A P 00361242 08/12/201 5 UNITED ROTA RY BRUSH CORPORATI ON 817.78 0.00 817.78
A P 00361243 08/12/201 5 UNITED SCENIC A RTISTS PENSI ON AND WELFARE FU 192.00 0.00 1 92.00
AP 00361244 08/12/201 5 UPS 40.88 0.00 40.88
AP 00361245 08/12/201 5 Verizon 41.90 0.00 41.90
AP 00361247 08/12/201 5 VERIZON CALI FORN IA 56.617.65 925.43 57,543.08 ***
AP 00361248 08/12/201 5 VERIZON WIRELESS - LA 293. 18 0.00 293.18
A P 00361 249 08/12/201 5 V ERIZON WI RELESS - LA 494.13 0.00 494.13
AP 00361250 08/12/201 5 VERIZON WI RELESS - LA 4,41 0.75 0.00 4,410.75
AP 00361251 08/12/201 5 VERIZON WI RELESS - LA 0.00 2.804.03 2,804 .03
A P 00361252 08/12/201 5 VI RTUAL PROJECT MANAGER INC 500.00 0.00 500.00
A P 00361253 08/12/201 5 VISI ON SERVI CE PLAN CA 10,819.40 0.00 10,819.40
AP 00361 254 08/12/201 5 WAXI E SANITA RY SUPPLY 3.222.76 4.271.59 7,494.35 ***
AP 00361 255 08/12/201 5 WHITE CAP CONSTRUCTION SUPPLY 91 1.51 0.00 91 1.51
AP 00361 256 08/12/201 5 WI LSON AN D BELL 592.73 0.00 592.73
A P 00361 257 08/1 2/201 5 WOM EN LEADING GOV ERNM ENT 0.00 50.00 50.00
A P 00361 258 08/12/201 5 ZEE MEDICAL INC 678.90 0.00 678.90
AP 00361259 08/13/2015 eCIVIS LLC 31 ,500.00 0.00 31 ,500.00
AP 00361260 08/13/201 5 ABC LOCKSMITHS 2,284.80 0.00 2.284.80
A P 00361261 08/13/201 5 A I RGAS USA LLC 304.69 281.85 586.54 ***
AP 00361262 08/13/2015 DUNN EDWARDS CORPORATI ON 438.33 0.00 438.33
AP 00361263 08/13/201 5 QUICK CRETE PRODUCTS 7,41 3.1 2 0.00 7,413.12
A P 00361264 08/13/2015 UNIFI RST UNIFORM SERVICE 0.00 287.95 287.95
AP 00361 267 08/13/201 5 C V W D 65,259.97 1,300.67 66,560.64 ***
AP 00361268 08/13/201 5 INLAND VALLEY DAI LY BULLETIN 13,370.20 0.00 13,370.20
AP 00361269 08/13/201 5 INTERSTATE BATTERI ES 0.00 315.34 315.34
AP 00361270 08/13/201 5 LIMS AUTO INC 76.10 0.00 76.10
P5
6 Cu rrent Date: 08/26/201 5 Page: User: VLOPEZ - VERONICA LOPEZ
Report: CK AG ENDA REG PORTRAIT CONSOLIDATED - CK: Agenda Check Register Portrait L Time: 1 4:24:24
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Agenda Check Register
8/1 2/201 5 through 8/25/201 5
Check No. Check Date Vendor Name City Fire Amount
AP 00361 271 08/13/201 5 NEC COR PORATION OF AM ERICA 17,393.02 0.00 17,393.02
A P 00361 272 08/13/2015 PENNY PLUM BrNG 498.81 2.096.32 2,595.13 ***
AP 00361273 08/19/201 5 ALLIED STORAGE CONTAIN ERS 0.00 25.14 25.1 4
AP 00361274 08/19/201 5 ALPHAGRAPI-IICS 331.44 0.00 331.44
AP 00361 275 08/19/2015 AUFBAU CORPORATI ON 2,392.00 0.00 2,392.00
AP 00361276 08/19/2015 BCA DEVELOPMENT INC 13,140.00 0.00 13, 140.00
AP 00361 277 08/19/2015 BRUCE, INGRID 59.94 0.00 59.94
AP 00361 278 08/19/2015 BUTSKO UTI LITY DESIGN INC. 1 1 ,471.20 0.00 1 1 ,471.20
AP 00361 279 08/19/2015 CAPITA L ONE COMM ERCI AL 688.04 0.00 688.04
A P 00361 280 08/19/201 5 CCS ORANGE COUNTY JANITORI AL INC. 0.00 371.85 371.85
AP 00361 281 08/19/201 5 CDW-G 3,283.1 5 0.00 3,283.1 5
A P 00361 282 08/19/201 5 CLA RKE PLUM BING SPECIALTI ES INC. 4,880.87 0.00 4,880.87
A P 00361 283 08/1 9/201 5 CLERK IN SINCLAI R & MAHFOUZ 1 ,071.08 0.00 1 ,071 .08
AP 00361 284 08/19/201 5 COAST RECREATION INC 1 ,569.40 0.00 1 ,569.40
AP 00361 285 08/19/2015 DEPARTM ENT OF JUSTICE 9, 105.00 0.00 9,105.00
A P 00361 286 08/1 9/201 5 ERGON ASPHALT AN D EMU LSIONS 651 .82 0.00 651 .82
AP 00361287 08/19/201 5 EVENHAI M, NISSI M 5,000.00 0.00 5.000.00
AP 00361288 08/19/201 5 FI RST VETERINARY SUPPLY 53.90 0.00 53.90
AP 00361289 08/19/201 5 GEOGRAPHICS 2,21 4.71 0.00 2,21 4.71
AP 00361 290 08/19/201 5 GONZA LES, ANTOINETTE 49.45 0.00 49.45
A P 00361 291 08/19/201 5 GRA INGER 1,61 1.07 0.00 1 ,61 1.07
AP 00361292 08/19/2015 GRANICUS INC 9,000.00 0.00 9,000.00
AP 00361 293 08/19/201 5 GRI FFIN, SANDY 0.00 600.88 600.88
AP 00361294 08/19/201 5 1-1 & 1-1 GENERAL CONTRACTORS INC 1,529,314.47 0.00 1,529,314.47
AP 00361295 08/19/201 5 INTEGR ITY DOOR & HA RDWAR E INC 0.00 687.22 687.22
A P 00361 296 08/19/2015 JAS PACI FIC 7,800.31 0.00 7,800.31
AP 00361297 08/19/2015 LARKIN, DA YID W 0.00 60.00 60.00
AP 00361 298 08/1 9/2015 MARI POSA LANDSCAPES INC 4,889.91 0.00 4,889.91
AP 00361 299 08/19/201 5 MARTIN, JASON 346.00 0.00 346.00
AP 00361300 08/19/201 5 MCA LLISTER, WI LLIAM 270.00 0.00 270.00
A P 00361 30 1 08/19/201 5 NBS 13,1 17.72 0.00 1 3, 1 1 7.72
AP 00361 302 08/19/201 5 NINYO & MOORE 4,893.75 0.00 4,893 .75
AP 00361303 08/19/2015 NUNEZ, FLAVIO 12.00 0.00 12.00
AP 00361 304 08/19/201 5 PACIFIC MUNICI PAL CONSULTANTS 9, 120.00 0.00 9,120.00
AP 00361 305 08/19/2015 PARS 3,500.00 0.00 3,500.00
AP 00361306 08/19/201 5 PHOEN IX GROUP IN FORMATION SYSTEMS 163.58 0.00 163.58
AP 00361307 08/19/201 5 PLACE WORKS 24,075.84 0.00 24,075.84
AP 00361308 08/1 9/2015 RANCHO CUCAMONGA COMMUNITY & ARTS FOUND 6.262.60 0.00 6,262.60
AP 00361 309 08/19/201 5 RDO EQUI PM ENT COMPANY 73.32 0.00 73.32
AP 00361 310 08/19/2015 RECYCLE A WAY LLC 1 ,667.00 0.00 1 ,667.00
AP 0036131 1 08/19/201 5 SAN ANTONIO COMMUNITY HOSPITAL 0.00 160.00 160.00
AP 00361312 08/19/201 5 SANFT, THOMAS 173.00 0.00 173.00
AP 0036131 3 08/19/201 5 SARGENT TOWN PLANNING rNC 149,752.10 0.00 149,752.1 0
AP 00361314 08/19/201 5 SUNGARD PUBLIC SECTOR INC I , I O 1.50 0.00 1,101.50
AP 00361 315 08/19/201 5 VALLEY CREST LANDSCAPE 9,080.02 0.00 9,080.02
AP 00361 316 08/19/201 5 VISION COMMUNICATIONS CO 601.84 0.00 601.84
AP 0036131 9 08/19/201 5 XEROX CORPORATION 1 1 ,322.80 443.10 1 1 ,765.90 ***
P6
7 Cu rrent Date: 08/26/201 5 Page: User: VLOPEZ - VERONICA LOPEZ
Report: CK AG ENDA REG PORTRAIT CONSOLIDATED - CK: Agenda Check Register Portrait L Time: 1 4:24:24
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Agenda Check Register
8/1 2/201 5 through 8/25/201 5
Check No. Check Date Vendor Name City Fi re Amount
A P 00361 320 08/19/201 5 I PLUS I TECHNOLOGY 1 ,225.00 0.00 1,225.00
A P 00361 321 08/19/201 5 A AND R TI RE SERV ICE 1 ,097.04 0.00 1 ,097.04
AP 00361322 08/19/201 5 A.Y. NURSERY INC. 1 ,168.56 0.00 1.168.56
A P 00361 323 08/19/201 5 ACEY DECY EQUI PMENT INC. 21 1.09 0.00 21 1.09
AP 00361 324 08/19/201 5 AEF SYSTEMS CONSU LTING INC 2,01 2.50 0.00 2.01 2.50
AP 00361325 08/19/201 5 A FLAC GROUP INSURANCE 79.40 0.00 79.40
AP 00361 326 08/19/201 5 AFLAC GROUP INSURANCE 6,843.06 0.00 6.843.06
AP 00361327 08/19/201 5 ALL WELDING 60.00 0.00 60.00
AP 00361328 08/19/2015 A LLEN, DEBORAH 67.65 0.00 67.65
AP 00361329 08/1 9/2015 ALPI-IAGRAPHICS 62.37 0.00 62.37
AP 00361330 08/19/201 5 AMERICAN MATERI AL HAN DLING 353.16 0.00 353.16
AP 00361 331 08/19/201 5 ANDERSON, MARGA RET COLLEEN 500.00 0.00 500.00
A P 00361 332 08/19/201 5 ARCHITERRA DESIGN GROUP 15,790.75 0.00 15,790.75
A P 00361 333 08/19/201 5 ARROW INTERNATIONAL 0.00 2,376.00 2,376.00
A P 00361 334 08/19/201 5 ART OF LI VING FOUNDATI ON 72.00 0.00 72.00
AP 00361 335 08/19/201 5 BA HAIS OF RANCHO CUCAMONGA 500.00 0.00 500.00
A P 00361 336 08/19/201 5 BA KER, CLl ff 200.00 0.00 200.00
AP 00361337 08/19/201 5 BA LDY FI RE AND SA FETY 166.00 0.00 166.00
AP 00361 338 08/19/201 5 BA ROU D, A KRAM 526.00 0.00 526.00
A P 00361 339 08/19/201 5 BISHOP COMPANY 467.68 0.00 467.68
A P 00361 340 08/19/201 5 BLACK BA UD 4,368.38 0.00 4,368.38
A P 00361 34 1 08/19/201 5 BM! 1 ,340.00 0.00 1 ,340.00
A P 00361 342 08/19/201 5 BOUND TREE M EDICA L LLC. 1 ,985.47 530.24 2,515.71 ***
AP 00361343 08/19/201 5 BRUCE, INGRID 132.49 0.00 1 32.49
AP 00361344 08/19/201 5 CAI, XI AU 1-IONG 68.00 0.00 68.00
A P 00361345 08/19/2015 CA L PERS LONG TERM CA RE 268.00 0.00 268.00
A P 00361 346 08/19/201 5 CA L WEST UNDERGROUN D INC 1,000.00 0.00 1,000.00
AP 00361347 08/19/201 5 CA LI FORNI A BOA RD OF EQUALIZATION, STATE OF 2,076.00 0.00 2,076.00
A P 00361 348 08/1 9/201 5 CALI FORNI A FRANCH ISE TAX BOAR D 55.00 0.00 55.00
AP 00361349 08/19/201 5 CA LI FORN I A FRANCH ISE TAX BOAR D 300.00 0.00 300.00
A P 0036 1350 08/19/20 15 CALI FORN I A. STATE OF 62.50 0.00 62.50
AP 00361351 08/19/2015 CALPERS 1 28.807.18 7, 147.01 135,954.19 ***
AP 00361 352 08/19/201 5 CAPITAL ONE COMMERCIA L 827.40 380.94 1,208.34 ***
AP 00361353 08/19/201 5 CASTILLO, J ESSI E 187.50 0.00 187.50
AP 00361354 08/19/201 5 CCS ORANGE COUNTY JANITORI AL INC. 38,644.42 0.00 38,644.42
AP 00361355 08/191201 5 CEJA, SUZANN E 22.66 0.00 22.66
AP 00361 356 08/19/201 5 CHA RTER COMMUNICATIONS 79.88 885.00 964.88 ***
A P 00361 357 08/19/201 5 CITY CLER KS ASSOCIATION OF CALI FORNIA 575.00 0.00 575.00
AP 00361 358 08/19/201 5 CLEA R STREA M RECYCLING 1 ,433.00 0.00 1,433.00
A P 00361 359 08/19/201 5 CLEAR WATER GRAPH ICS INC 29,944.28 0.00 29,944.28
A P 00361 360 08/19/201 5 CLI MATEC LLC 5,474.75 0.00 5,474.75
AP 00361361 08/19/201 5 COLUMBIA CASCADE COM PANY 230.20 0.00 230.20
AP 00361362 08/19/201 5 CON FI RE J PA 0.00 50,733.46 50.733.46
AP 00361 363 08/19/201 5 COPI ES & INK PRINTING INC. 644.16 0.00 644.16
AP 00361 364 08/19/201 5 COSTANZO INVESTMENTS LLC 136.00 0.00 1 36.00
AP 00361365 08/19/2015 CROP PRODUCTION SERVICES INC 2,606.53 0.00 2,606.53
A P 00361366 08/19/201 5 D AND K CONCRETE COMPANY 2,544.50 0.00 2,544.50
P7
8 Cu rrent Date: 08/26/201 5 Page: User: VLOPEZ - VERONICA LOPEZ
Report: CK AG ENDA REG PORTRAIT CONSOLIDATED - CK: Agenda Check Register Portrait L Time: 1 4:24:24
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Agenda Check Register
8/1 2/201 5 through 8/25/201 5
Check No. Check Date Vendor Name 9.!r Fi re Amou -nt
AP 00361 367 08/19/201 5 DA WSON SURVEYING INC. 4,400.00 0.00 4.400.00
AP 00361 368 08/19/2015 DELATORRE-LEWIS, ROBYN 200.00 0.00 200.00
AP 00361369 08/19/2015 DENT, MARY J AN E 68.00 0.00 68.00
AP 00361370 08/19/201 5 DEPARTMENT OF CONSUMER AFFAI RS 1 1 5.00 0.00 1 1 5.00
AP 00361371 08/19/201 5 DEPARTM ENT OF J USTICE 3,630.00 0.00 3,630.00
AP 00361 372 08/19/201 5 DUMBELL MAN FITNESS EQUI PMENT, TH E 150.00 300.00 450.00 ...
AP 00361 373 08/19/2015 DURKEL, CAROL 69.00 0.00 69.00
AP 00361 374 08/19/201 5 ECONOLITE CONTROL PRODUCTS INC 1,935.48 0.00 1.935.48
AP 00361 375 08/19/2015 EMPLOYMENT DEVELOPMENT DEPT. 23,271.00 0.00 23,271.00
AP 00361 376 08/19/2015 ENTERSECT CORP 87.97 0.00 87.97
AP 00361 377 08/19/2015 EX PERIAN 52.24 0.00 52.24
AP 00361 378 08/19/201 5 FEDERAL EXPR ESS CORP 141.38 0.00 141.38
AP 00361379 08/19/201 5 GALE/CENGAGE LEARNING 15,245.14 0.00 1 5,245.14
AP 00361 380 08/19/201 5 GOODY EAR TI RE AND RU BBER CO. 494.38 0.00 494.38
AP 00361 381 08/19/201 5 GRAINGER 1 ,051.00 84.08 1 ,135.08 ***
A P 00361 382 08/19/201 5 GRAPHICS FACTORY INC. 732.78 0.00 732.78
AP 00361383 08/19/201 5 HASTINGS, RON 50.00 0.00 50.00
AP 00361384 08/19/2015 HI WAY SAFETY INC 504.17 0.00 504.17
AP 00361385 08/19/201 5 HOM E DEPOT CREDIT SERVICES 645 382.12 0.00 382.12
AP 00361386 08/19/2015 HOSE MAN INC 160.39 0.00 160.39
AP 00361387 08/19/201 5 I NK SLINGER SCREEN PRINTING & EMBROIDERY 3, 188.97 0.00 3, 188.97
AP 00361 388 08/19/201 5 I NLAND EM PI RE SHRM 1 1 0.00 0.00 1 10.00
AP 00361389 08/1 9/2015 INLAND EM PI RE TOURS AND TRANSPORTATI ON 3,446.00 0.00 3.446.00
AP 00361390 08/1 9/2015 IN LAN D VALLEY DAI LY BULLETIN 1 3.95 0.00 13.95
AP 00361391 08/19/201 5 INLAN D VA LLEY DANCE ACADEM Y 2,301.00 0.00 2,301 .00
A P 0036 1392 08/19/2015 INSIGHT PUBLIC SECTOR INC 2,508.96 0.00 2,508.96
AP 00361393 08/19/2015 JOHN BURR CYCLES INC 1 ,203.58 0.00 1 ,203.58
AP 00361394 08/19/2015 JOHNSON, CH EARICE 66.91 0.00 66.91
AP 00361395 08/19/201 5 K K WOODWORKING 172.63 0.00 1 72.63
AP 00361396 08/19/201 5 KASBECK, GUNTER 22.00 0.00 22.00
AP 00361397 08/19/201 5 LI FE ASSIST INC 0.00 3.894.94 3,894.94
AP 00361 398 08/19/201 5 MARI POSA LANDSCA PES INC 13,388.91 0.00 13,388.91
AP 00361 399 08/19/2015 MARSHALL, SYLV I A 2,094.60 0.00 2.094.60
AP 00361400 08/19/2015 MCMASTER CARR SUPPLY COM PANY 270.58 0.00 270.58
A P 00361401 08/19/2015 MCPEEKS DODGE OF ANAH EI M 24,808.61 0.00 24,808.61
AP 00361402 08/19/201 5 MEDLEY FI RE PROTECTION INC 400.00 0.00 400.00
AP 00361403 08/19/201 5 M IDWEST TAPE 435.86 0.00 435.86
AP 00361404 08/19/201 5 Ml LLER MANAGEMENT & CONSULTING GROUP 1,425.00 0.00 1,425.00
AP 00361405 08/19/201 5 MITSU BISHI ELECTRIC US INC 626.95 0.00 626.95
AP 00361406 08/1 9/201 5 MOUNTAIN VI EW SMALL ENG REPAI R 200.09 0.00 200.09
AP 00361407 08/1 9/2015 MUSI CSTAR 1 ,306.80 0.00 1 ,306.80
AP 00361408 08/19/2015 NAPA AUTO PARTS 0.00 15.47 15.47
AP 00361409 08/19/2015 N BS 3,265.00 0.00 3,265.00
AP 00361410 08/19/2015 NEXGEN 293.22 0.00 293.22
AP 0036141 1 08/19/2015 NUNEZ, FLA VIO 6.00 0.00 6.00
AP 00361412 08/19/201 5 OCCUPATIONAL H EALTH CTRS OF CA 1.299.50 0.00 1 ,299.50
AP 00361413 08/19/201 5 OCLC INC 51.97 0.00 51.97
P8
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Agenda Check Register
8/ 1 2/20 I 5 through 8/25/201 5
Page: 9 Cu rrent Date: 08/26/201 5 User: VLOPEZ - VERONICA LOPEZ
Report: CK AGEN DA R EG PORTRAI T CONSOLIDATED - CK: Agenda Check Register Portrait l Time: 1 4:24:24
Check No. Check Date Vendor Name City Fire Amou nt
AP 0036141 5 08/19/201 5 OFFICE DEPOT 3,882.42 90.01 3,972.43 ...
AP 00361 416 08/19/201 5 OPEN A PPS INC 3,510.00 0.00 3,510.00
AP 00361417 08/19/201 5 PAL CAMPAIGN 10.00 0.00 I0.00
AP 00361 418 08/19/2015 PARSONS, ALICIA 65.00 0.00 65.00
AP 00361419 08/19/201 5 PATTON SALES CORP 573.78 0.00 573.78
AP 00361420 08/19/201 5 PEPSI-COLA 743.77 0.00 743.77
AP 00361421 08/19/201 5 l'l·I YSI O CONTROL INC 0.00 30.240.00 30,240.00
AP 00361422 08/19/201 5 PRE-PA ID LEGAL SERV ICES INC 96.59 0.00 96.59
AP 00361423 08/19/2015 PRESTI GIOUS CUSTOM CA BINETRY . 0.00 371.00 371.00
A P 00361424 08/19/201 5 PRO SALES GROUP INC 478.29 0.00 478.29
AP 00361425 08/19/201 5 PROPET DISTRIBUTORS INC 2,055.95 0.00 2.055.95
AP 00361426 08/19/201 5 R AND R AUTOMOTI VE 820.66 0.00 820.66
Al' 00361427 08/19/201 5 RANCHO CUCAMONGA FONTANA FAMI LY YMCA 9,606.90 0.00 9,606.90
AP 00361 428 08/19/201 5 RBM LOCK AND KEY SERVICE 271.98 0.00 271.98
AP 00361429 08/19/201 5 RDO EQUI PMENT COMPANY 1 73,079.08 0.00 173.079.08
AP 00361 430 08/19/201 5 RED WI NG SHOE STORE 3,128.91 0.00 3,128.91
AP 00361431 08/19/201 5 RED WING SHOE STOR E 647.40 0.00 647.40
AP 00361432 08/19/2015 RED WING SHOE STORE 4,055.73 0.00 4.055.73
AP 00361433 08/19/201 5 RED WI NG SHOE STORE 352.47 0.00 352.47
AP 00361434 08/19/201 5 RI PPETOE LA W P C 14, 139.39 4,249.08 1 8,388.47 ...
AP 00361435 08/1 9/201 5 ROBERT, WI LMA 8.00 0.00 8.00
AP 00361436 08/19/201 5 RU BENS AUTO COLLISION CENTER 500.00 0.00 500.00
AP 00361437 08/19/201 5 RUGG, KEVIN 32.34 0.00 32.34
AP 00361438 08/19/201 5 SAFE-ENTRY TECHNICAL INC 0.00 250.00 250.00
AP 00361439 08/19/201 5 SAN BE RNAR DINO COUNTY 50.00 0.00 50.00
AP 00361440 08/19/201 5 SAN BERNAR DINO COUNTY SHERI FFS DEPT 6,051 .38 0.00 6,051 .38
A P 00361 441 08/19/201 5 SANDS, CH RISTOFER 50.00 0.00 50.00
AP 00361 442 08/1 9/201 5 SBPEA 1 ,062.04 0.00 1 ,062.04
AP 00361 443 08/19/2015 SC FUELS 24,1 76.00 0.00 24,1 76.00
AP 00361 444 08/19/201 5 SCH RA DER, LOIS 50.73 0.00 50.73
A P 00361445 08/19/201 5 SEXTON , SHE I LA 6.00 0.00 6.00
AP 00361446 08/19/201 5 SHERI FFS COURT SERVICES 150.00 0.00 1 50.00
AP 00361447 08/19/201 5 SHERIFFS COURT SERVICES 491.65 0.00 491.65
AP 00361 448 08/19/201 5 SHERIFFS COURT SERVICES 93.38 0.00 93.38
AP 00361449 08/19/2015 SHRED IT 385.95 0.00 385.95
AP 00361 450 08/19/201 5 SHRED PROS 0.00 35.00 35.00
AP 00361451 08/19/2015 SMARTLITE 545.00 0.00 545.00
AP 00361452 08/19/201 5 SONSRAY MACHINERY LLC 36.29 0.00 36.29
AP 00361453 08/19/201 5 SOUSA, NARCI E 245.38 0.00 245.38
AP 00361 458 08/19/201 5 SOUTH ERN CALI FORNIA EDISON 12.689.74 0.00 12,689.74
AP 00361459 08/19/201 5 SOUTH ERN CA LI FORNI A EDISON 189,968.82 0.00 189,968.82
AP 00361460 08/19/2015 SPARK LETTS 76.00 0.00 76.00
AP 00361461 08/19/201 5 STATEWIDE TRAFFIC SAFETY & SIGNS INC 285.97 0.00 285.97
AP 00361 462 08/19/201 5 STERLING COFFEE SERVICE 663.32 0.00 663.32
AP 00361463 08/19/201 5 TANNER RECOGNITION COMPANY, 0 C 105.50 0.00 105.50
AP 00361464 08/19/201 5 TARGETSOLUTIONS 0.00 3,857.50 3,857.50
AP 00361465 08/19/201 5 TAYLOR ENGINEERING AND PLUMBING 1,000.00 0.00 1,000.00
P9
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Agenda Check Register
8/1 2/201 5 through 8/25/201 5
Page: I O User: VLOPEZ - VERONICA LOPEZ Cu rrent Date: 08/26/201 5
Time: Report: CK AGENDA REG PORTRA IT CONSOLIDATED - CK : A_genda Check Re_gister Portrait l 14 :24:24
Check No. Check Date Vendor Name City Fi re Amou nt
AP 00361 466 08/19/201 5 TERMINI X PROCESSING CENTER 0.00 1 79.00 1 79.00
AP 00361467 08/19/201 5 TH EATRE FOR YOUNG AUDI ENCES USA 550.00 0.00 550.00
AP 00361468 08/19/201 5 TOMCO LLC 148,869.76 0.00 1 48 .869.76
A P 00361 469 08/19/201 5 TOMCO LLC 10,024 .06 0.00 1 0.024 .06
AP 00361470 08/19/201 5 U .S. BANK PARS ACCT #6746022500 15,572.34 0.00 1 5,572.34
AP 00361471 08/19/201 5 UNDERGROUND SVC A LERT OF SO CAL 852.00 0.00 852.00
AP 00361 472 08/19/2015 UN IQUE MANAGEMENT SERVICES INC 596.07 0.00 596.07
AP 00361473 08/19/2015 UNITED PACI FIC SERVICES INC 97,635.00 0.00 97,635.00
AP 00361 474 08/19/201 5 UNITED ROTA RY BRUSH CORPORATI ON 1,895.76 0.00 1 ,895.76
AP 00361 475 08/19/201 5 UN ITED WA Y 157.00 0.00 1 57.00
AP 00361476 08/19/201 5 U PS 73.79 0.00 73.79
AP 00361477 08/19/201 5 VERIZON ENGIN EERING DEPT 2,000.00 0.00 2,000.00
AP 00361481 08/19/2015 VERIZON WIRELESS - LA 5,200.87 0.00 5,200.87
AP 00361482 08/19/201 5 VISION COMMUNI CATI ONS CO 1 ,068.44 0.00 1 ,068.44
AP 00361483 08/19/2015 VI VERAE INC 1 ,150.00 0.00 1 .1 50.00
AP 00361484 08/19/201 5 WAI NWRI GHT, JANICE RODGERS 350.00 0.00 350.00
A P 00361 485 08/19/201 5 WALTERS WHOLESA LE ELECTRI C CO 476.00 0.00 476.00
AP 00361486 08/19/201 5 WAXI E SANITARY SUPPLY 9,787.83 0.00 9,787.83
AP 00361487 08/19/201 5 WESTCOAST MEDI A 900.50 0.00 900.50
AP 00361488 08/19/201 5 WHITE CAP CONSTRUCTION SUPPLY 142.54 0.00 142 .54
AP 00361489 08/19/2015 WI LSON AND BELL 1 ,052.84 0.00 1 .052.8 4
AP 00361490 08/19/201 5 WONG, DAVID 75.00 0.00 75.00
AP 00361491 08/19/201 5 WORD MI LL PU BLISHING 1 ,400.00 0.00 1.400.00
AP 00361492 08/19/201 5 YAHOO ACCOUNTS RECEI VABLE 126.60 0.00 126.60
AP 00361493 08/19/201 5 ZEE MEDICAL INC 1,553.31 0.00 1,553.31
AP 00361494 08/19/201 5 ZIM MERMAN , LEAH 50.00 0.00 50.00
AP 00361495 08/19/2015 ZUMA R INDUSTRI ES INC 1 3,776.48 0.00 1 3,776 .48
AP 00361496 08/20/201 5 EMPLOYMENT DEVELOPMENT DEPT. 23,271.00 0.00 23,271 .00
AP 00361497 08/20/2015 SAN BERNARDINO COUNTY SHERI FFS DEPT 7,240.58 0.00 7,240.58
AP 00361499 08/20/201 5 BRODA RT BOOKS 3,512.06 0.00 3,512.06
AP 00361 500 08/20/201 5 VISTA PAI NT 457.95 0.00 457 .95
AP 00361 501 08/20/201 5 C V W D 1 6,786.63 0.00 16,786.63
AP 00361 502 08/20/201 5 I M PERI AL SPRINKLER SUPPLY INC 1,513.22 0.00 1 ,513.22
AP 00361503 08/20/201 5 INLAN D VALLEY DAI LY BULLETIN 705.00 0.00 705.00
A P 00361 504 08/20/201 5 INTERSTATE BATTERI ES 221.25 0.00 221.25
AP 00361505 08/20/201 5 N EC CORPORATI ON OF AMERICA 3,324.00 0.00 3,324.00
AP 00361 506 08/20/201 5 PENNY PLUM BING 1 , 147 .59 0.00 1 , 147 .59
AP 00361 507 08/20/2015 SIMPLOT PARTN ERS 2,248.26 0.00 2,248.26
AP 00361508 08/20/201 5 TARGET SPECIALTY PRODUCTS 228.94 0.00 228.94
AP 00361 509 08/20/201 5 TOMARK SPORTS INC 296.95 0.00 296.95
AP 00361 510 08/20/201 5 TW TELECOM 2,830.89 0.00 2,830.89
AP 0036151 1 08/20/201 5 UNI FI RST UNI FORM SERVICE 0.00 1,338.80 1,338.80
AP 00361512 08/20/201 5 VISTA PA I NT 602.64 0.00 602.64
AP 00361 513 08/20/201 5 RANDOLPH , SHELLY K 12,609.34 0.00 1 2,609.34
P10
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Agenda Check Register
8/1 2/201 5 through 8/25/201 5
User: VLOPEZ - VERONICA LOPEZ Page: 1 1 Cu rrent Date: 08/26/201 5
Time: 1 4:24 :24 Report: CK AGEN DA REG PORTRAIT CONSOLIDATED - CK : Agenda Check Register Portrait l
Check No. Check Date Vendor Name Amou nt
Total City:
Total Fire:
Grand Total:
$5,331,839.53
$257,093.96
$5,588,933.49
Note:
*** Check Nu m ber includes both City and Fire District expend itu res
P11
STAFF REPORT
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
DATE: September 2, 2015
TO: President and Members of the Board of Directors
John R. Gillison, City Manager
FROM: Mike Costello, Fire Chief
BY: Michael Courtney, Facilities Supervisor
Pamela Pane, Management Analyst Ill
R_ANCHO
CucAMONGA
SUBJECT: Approval to authorize an increase to Contract No. 15-084 in the amount of
$166,350.00 ($151,225.00 plus a ten percent (10%) contingency) to
Architerra Design Group and approve Amendment No. 02 for the addition
of landscape architectural services for the Landscape Water Saving
Conversions design projects at the Amethyst, San Bernardino, Day Creek,
Banyan, East Ave and Hellman fire stations, in accordance with the
proposal dated August 18, 2015, funded from Account No. 3288501-5602
RECOMMENDATION
Staff recommends authorization to increase to Contract No. 15-084 in the amount of
$166,350.00 ($151,225.00 plus a ten percent (10%) contingency) to Architerra Design
Group and approve Amendment No. 02 for the addition of landscape architectural
services for the Landscape Water Saving Conversions design projects at the Amethyst,
San Bernardino, Day Creek, Banyan, East Ave and Hellman fire stations, in accordance
with the proposal dated August 18, 2015, funded from Account No. 3288501-5602.
BACKGROUND/ANALYSIS
In May of 2015, the City Council approved a contract with Architerra Design Group for
landscape architectural services. The Fire Protection District (District) was not included
in the original contract. This Amendment will add the District to the contract and provide
funding for Architerra to complete the design of the projects at the above noted District
facilities.
This landscape renovation design of the District facilities will include conceptual design
and construction documents for turf removal and landscape and irrigation retrofits to
convert the landscaping at six existing fire stations and one vacant building pad, to low
water use, low maintenance facilities. The Architect will develop the design using the
most current City landscape ordinance.
P12
STAFF REPORT
RE : APPROVAL TO INCREASE CONTRACT TO ARCHITERRA DESIGN GROUP
SEPTEMBER 2, 2015
Funds for the District's Water Saving Conversions and the start of construction have
already been approved in the FY 2015/16 adopted budget.
Respectfully Submitted,
Mike Costello
Fire Chief
P13
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Agenda Check Register
8/12/2015 through 8/25/2015
Check No. Check Date Vendor Name City Fire Amount
AP 00005429 08/12/2015 EXELON GENERATION CO. LLC. 388,816.02 0.00 388,816.02
AP 00005430 08/12/2015 RIVERSIDE, CITY OF 6,388.00 0.00 6,388.00
AP 00005431 08/12/2015 SAN BERNARDINO COUNTY 21.00 0.00 21.00
AP 00005432 08/12/2015 VIASYN INC 1,640.00 0 .00 1,640.00
AP 00005433 08/19/2015 NORMAN A TRAUB ASSOCIATES 9 ,103.10 0.00 9,103 .10
AP 00005434 08/19/2015 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 9,320.00 0.00 9,320.00
AP 00005435 08/19/2015 FORTISTAR METHANE GROUP LLC 94,228.14 0.00 94,228 .14
AP 00005436 08/19/2015 RCCEA 1,299.00 0.00 1,299.00
AP 00005437 08/19/2015 RCPFA 10,545.89 0.00 I 0,545.89
AP 00005438 08/19/2015 SAN BERNARDINO COUNTY 25.00 0.00 25.00
AP 00361037 08/12/2015 AEI-CASC CONSUL TING 4 ,682.97 0.00 4,682.97
AP 00361038 08/12/2015 ALLIED BARTON SECURITY SERVICES LLC 232 .80 0.00 232.80
AP 00361039 08/12/2015 AMEruCANSCALECOINC 0.00 463.50 463.50
AP 00361040 08/12/2015 AMTECH ELEVATOR SERVICES 223 .71 0.00 223.71
AP 00361041 08/12/2015 APPLIED METERING TECHNOLOGIES INC 24,358.30 0.00 24,358.30
AP 00361042 08/12/2015 BOOT BARN INC. 286.59 0.00 286.59
AP 00361043 08/12/2015 BSN SPORTS INC. 75.49 0.00 75.49
AP 00361044 08/12/2015 BUREAU VERITAS NORTH AMERICA INC 14 ,161.05 0.00 14.161.05
AP 00361045 08/12/2015 CABLE INC . 36,699.64 0.00 36,699.64
AP 00361046 08/12/2015 CALIFORNIA SHOPPING CART RETRIEVAL CORP 335 .00 0.00 335.00
AP 00361047 08/12/2015 CCS ORANGE COUNTY JANITORIAL INC. 0 .00 375 .00 375.00
AP 00361048 08/12/2015 CONCEPT POWDER COATING 60.00 0.00 60.00
AP 00361049 08/12/2015 CUE, DON 662.43 0.00 662.43
AP 00361050 08/12/2015 DIAR LLC 793 .70 0 .00 793.70
AP 00361051 08/12/2015 ECHEVARRIA, ERIKA 72.68 0 .00 72.68
AP 00361052 08/12/2015 eCIVIS LLC 31,500.00 0.00 31,500.00
AP 00361053 08/12/2015 EIGHTH A VENUE ENTERPRISE LLC 0 .00 509.49 509.49
AP 00361054 08/12/2015 FAMILY SERVICES ASSOCIATION 4 , 189.50 0.00 4 ,189.50
AP 00361055 08/12/2015 FERBAK INC 0.00 12 ,590 .64 12,590.64
AP 00361056 08/12/2015 G AND M BUSINESS INTERIORS 19,429.90 0 .00 19,429.90
AP 00361057 08/12/2015 G.A. TECI-INICAL SERVICES 124,622.01 0.00 124,622.01
AP 00361058 08/12/2015 GRAINGER 2,014.68 0.00 2,014 .68
AP 00361059 08/12/2015 GRAPHICS FACTORY INC. 620.57 0 .00 620.57
AP 00361060 08/12/2015 GRIFFIN, SANDY 0 .00 20.49 20.49
AP 00361061 08/12/2015 1-IANSHA W, DIANE 64.40 0.00 64.40
AP 00361062 08/12/2015 HD PRODUCTIONS LLC 10,416.00 0 .00 10 ,416.00
AP 00361063 08/12/2015 HMC ARCHITECTS 0 .00 72,601.41 72,601.41
AP 00361064 08/12/2015 LANCE SOLL AND LUNGHARD 21,185.00 420.00 2 1,605.00 ....
AP 00361065 08/12/2015 LOWES COMPANIES INC . 889.55 172.57 1,062.12 ....
AP 00361066 08/12/2015 MADOLE AND ASSOCIATES INC 5,480.00 0.00 5,480.00
AP 00361067 08/12/2015 MARIPOSA LANDSCAPES INC 3,503.67 0 .00 3,503.67
AP 00361068 08/12/2015 MOUNTAIN VIEW SMALL ENG REPAIR 29.13 0.00 29.13
AP 00361069 08/12/2015 OCCUPATIONAL HEALTH CTRS OF CA 0.00 343.17 343.17
AP 00361070 08/121201 5 OFFICE DEPOT 1,540.18 0.00 1,5 40.18
AP 00361071 08/12/2015 PHOENIX GROUP INFORMAT ION SYSTEMS 3, 110 .98 0.00 3,110.98
AP 00361072 08/12/2015 PLACE WORKS 4,122.83 0.00 4 ,122 .83
AP 00361073 08/12/2015 RED WING SHOE STORE 234.08 0.00 234.08
User: VLOPEZ -VERONICA LOPEZ Page: Current Date: 08/26/201 5
Report: CK AGENDA REG PORTRAIT CONSOLIDATED -CK: Agenda Check Register Portrait L Time: 14:24:24
P14
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Agenda Check Register
8/ 12/2015 through 8 /25/2015
Check No. Check Date Vendor Name City Fire Amount
AP 00361074 08/12/2015 RICHARDS WATSON AND GERSHON 511.15 0.00 511.15
AP 00361075 08/12/2015 SAN BERNARDINO CO AUDITOR CONT 5,612.50 0.00 5,612.50
AP 00361076 08/12/2015 SAN BERNARDINO CO AUDITOR CONT 6,470.00 0.00 6,470.00
AP 00361077 08/12/2015 SAN BERNARDINO COUNTY SHERIFFS DEPT 852.00 0.00 852.00
AP 00361078 08/12/2015 SAN BERNARDINO CTY 16,037.46 0.00 16,037.46
AP 00361079 08/12/2015 SERVICE SOLUTIONS GROUP 41.95 0.00 41.95
AP 00361080 08/12/2015 SHOETERIA 175.72 0.00 175.72
AP 00361081 08/12/2015 SO CALIF GAS COMPANY 96.80 74.41 171.21 ***
AP 00361082 08/12/2015 ULINE 41.64 0.00 41.64
AP 00361083 08/12/2015 UNIVERSITY ENTERPRISES CORP@ CSUSB, THE 3,750.00 0.00 3,750.00
AP 00361084 08/12/2015 WAXIE SANITARY SUPPLY 3,161.58 0.00 3,161.58
AP 00361085 08/12/2015 A AND R TIRE SER VICE 105.19 0.00 105.19
AP 00361086 08/12/2015 ACTIVE NETWORK, THE 33,356.52 0.00 33,356.52
AP 00361087 08/12/2015 ALL CITIES TOOLS 82.06 275.64 357.70 ***
AP 00361088 08/12/2015 ALL WELDING 383.72 0.00 383.72
AP 00361089 08/12/2015 ALLIANCE BUS LINES INC 1,109.77 0 .00 1,109.77
AP 00361090 08/12/2015 ALLIED BARTON SECURITY SERVICES LLC 2,786.33 0.00 2,786.33
AP 00361091 08/12/2015 ALLIED STORAGE CONTAINERS 0.00 75.60 75.60
AP 00361092 08/12/2015 AMTECH ELEVATOR SERVICES 553.54 0.00 553.54
AP 00361093 08/12/2015 ARISTIZABAL, ELENA 294.00 0.00 294 .00
AP 00361094 08/12/2015 ARNOLD, RICHARD 250.00 0.00 250 .00
AP 00361095 08/12/2015 ARTHUR J . GALLAGHER & CO. 0.00 10,000.00 10,000.00
AP 00361096 08/12/2015 ASPA 100.00 0.00 100.00
AP 00361097 08/12/2015 AT&T MOBILITY 0.00 83.00 83.00
AP 00361098 08/12/2015 BARNES AND NOBLE 148.10 0.00 148.10
AP 00361099 08/12/2015 BERNELL HYDRAULICS INC 403.81 0.00 403.81
AP 00361100 08/12/2015 BLOOM, JEFFREY A 1,206.02 0.00 1,206.02
AP 00361101 08/12/2015 BMC SOFTWARE INC 6,404.16 0.00 6,404.16
AP 00361102 08/12/2015 BOOT BARN INC. 200.00 0.00 200.00
AP 00361103 08/12/2015 BOPKO, CHRISTOPHER 22.42 0.00 22.42
AP 00361104 08/12/2015 BURNETT, CANDYCE 144 .90 0.00 144.90
AP 00361105 08/12/2015 CABLE INC. 8,353.22 0.00 8,353.22
AP 00361106 08/12/2015 CALIN, ANGELA 800.00 0.00 800.00
AP 00361107 08/12/2015 CAPIO 225.00 0.00 225.00
AP 00361108 08/12/2015 CARTER, RUTHIE 5.00 0.00 5.00
AP 00361109 08/12/2015 CA TTRAC CONSTRUCTION INC 70.00 0.00 70.00
AP 00361110 08/12/2015 CCS ORANGE COUNTY JANITORIAL INC. 0.00 2,296.85 2,296.85
AP 00361111 08/12/2015 CDW-G 99.39 0.00 99.39
AP 00361112 08/12/2015 CELEBRATION SENSATION INC. 774.00 0.00 774.00
AP 00361113 08/12/2015 CHAMPION AWARDS AND SPECIALTIES 16.20 0.00 16.20
AP 00361114 08/12/2015 CHARTER COMMUNICATIONS 0.00 524 .88 524.88
AP 00361115 08/12/2015 CHINO MOWER AND ENGINE SERVICE 0.00 204.03 204.03
AP 00361116 08/12/2015 CINTAS CORP. #150 964.94 0.00 964.94
AP 00361117 08/12/2015 CLARKE PLUMBING SPECIALTIES INC. 104.73 0.00 104.73
AP 00361118 08/12/2015 COSTAR REALTY INFORMATION INC 334.75 0.00 334.75
AP 00361119 08/12/2015 CREATIVE PRODUCT SOURCE INC 0.00 260.36 260.36
AP 00361120 08/12/2015 D AND K CONCRETE COMPANY 1,304.64 0.00 1,304.64
User: VLOPEZ -VERONICA LOPEZ Page: 2 Current Date: 08/26/2015
Report: CK AGENDA REG PORTRAIT CONSOLIDATED -CK: Agenda Check Register Portrait l Time: 14:24:24
P15
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Agenda Check Register
8/12/2015 through 8 /25/2015
Check No. Check Date Vendor Name Citv Fire Amount
AP 00361121 08/12/2015 DANIELS TIRE SERVICE 0.00 2,578.39 2,578.39
AP 00361122 08/12/2015 DEPARTMENT OF TOXIC SUBSTANCES CONTROL 0.00 200.00 200.00
AP 00361123 08/12/2015 DIAMOND ENVIRONMENTAL SERVICES 301.00 0.00 301.00
AP 00361124 08/12/2015 DOUG MARTIN CONTRACTING CO INC 357,793 . 75 0.00 357.793 .75
AP 00361125 08/12/2015 DOWNEY, JENNIFER 12.08 0.00 12.08
AP 00361126 08/12/2015 DURKEL, CAROL 19 .99 0.00 19.99
AP 00361127 08/12/2015 E GROUP, THE 450.00 0.00 450.00
AP 00361128 08/12/2015 ECONOLITE CONTROL PRODUCTS INC 724.87 0.00 724.87
AP 00361129 08/12/2015 FALLON, BRIAN 0.00 261.00 261.00
AP 00361130 08/12/2015 FEDERAL EXPRESS CORP 82.87 0.00 82.87
AP 00361131 08/12/2015 FELICIANO. ANTHONY 624.00 0.00 624.00
AP 00361132 08/12/2015 FERRAZ, RANDIE 68.97 0.00 68.97
AP 00361133 08/12/2015 FLEET SERVICES INC. 0.00 3.20 3 .20
AP 00361134 08/12/2015 FLEETPRIDE 0.00 589.66 589.66
AP 00361135 08/12/2015 G.A . TECHNICAL SERVICES 124,622.01 0.00 124,622.01
AP 00361136 08/12/2015 GAIL MATERIALS 1,009.92 0.00 1,009.92
AP 00361137 08/12/2015 GALLS RETAIL CA LOCK BOX 764.43 0.00 764.43
AP 00361138 08/12/2015 GARCIA, ROSALIE 132.00 0.00 132.00
AP 00361139 08/12/2015 GEOGRAPHICS 4,329.10 0.00 4,329.10
AP 00361140 08/12/2015 GLOBALSTAR 74.60 0.00 74.60
AP 00361141 08/12/2015 GODINES, LAUREN 190.00 0.00 190.00
AP 00361142 08/12/2015 GOLDEN SUN 898.49 0.00 898.49
AP 00361143 08/12/2015 GOLDS TAR ASPHALT PRODUCTS 378 .00 0.00 378.00
AP 00361144 08/12/2015 GONZALEZ. GLENDA 20.00 0.00 20.00
AP 00361145 08/12/2015 GRAINGER 399.10 1,064.99 1,464.09 ***
AP 00361146 08/12/2015 GRAYBAR 918.86 0.00 918.86
AP 00361147 08/12/2015 GUERRA,KELLY 120.07 0.00 120.07
AP 00361148 08/12/2015 HOME DEPOT CREDIT SERVICES 645 2,389.49 0.00 2,389.49
AP 00361149 08/12/2015 HOSE MAN INC 241.94 0.00 241.94
AP 00361150 08/12/2015 HOYT LUMBER CO., SM 0 .00 11.25 11.25
AP 00361151 08/12/2015 HURTADO, HUMBERTO 166.00 0.00 166.00
AP 00361152 08/12/2015 IATSE NATIONAL HEALTH & WELFARE FUNDS 288 .00 0.00 288.00
AP 00361153 08/12/2015 ICMA 0.00 200 .00 200 .00
AP 00361154 08/12/2015 INDER WI ESCHE, MA TT 690.00 0.00 690.00
AP 00361155 08/12/2015 INTERACTIVE DATA CORPORATION 115.52 0.00 115 .52
AP 00361156 08/12/2015 INTERNATIONAL LINE BUILDERS INC 864.14 0.00 864.14
AP 00361157 08/12/2015 J J KELLER AND ASSOC INC 945.00 0.00 945.00
AP 00361158 08/12/2015 JACOBSEN DIVISION OF TEXTRON INC 179.60 0.00 179.60
AP 00361159 08/12/2015 JAM EX 2,834.40 0.00 2,834.40
AP 00361160 08/12/2015 JOHNSON MACHINERY COMPANY 1,458.98 0.00 1,458.98
AP 00361161 08/12/2015 JRC HOUSING 1,445.00 0.00 1,445.00
AP 00361162 08/12/2015 JRC HOUSING 4,800.00 0.00 4,800.00
AP 00361163 08/12/2015 KAISER FOUNDATION HEALTH PLAN INC 203,654.69 0.00 203,654.69
AP 00361164 08/12/2015 KRONOS INC 0.00 5,409.69 5,409.69
AP 00361165 08/12/2015 LAKE CHEVROLET 27 ,61 1.57 0.00 27,611.57
AP 00361166 08/12/2015 LOS ANGELES FREIGHTLINER 249.42 0.00 249.42
AP 00361168 08/12/2015 LOWES COMPANIES INC. 3,095.06 289.94 3,385.00 ***
User: VLOPEZ -VERONICA LOPEZ Page: 3 Current Date: 08/26/2015
Report: CK AGENDA REG PORTRAIT CONSOLIDATED -CK: Agenda Check Register Portrait L Time: 14:24:24
P16
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Agenda Check Register
8/12/2015 through 8/25 /2015
Check No. Check Date Vendor Name
AP 00361169 08/12/2015
AP 00361 170 08/12/2015
AP 00361171 08/12/2015
AP 00361172 08/12/2015
AP 00361173 08/12/2015
AP 00361174 08/12/2015
AP 00361175 08/1212015
AP 00361176 08/12/2015
AP 00361 177 08/12/2015
AP 00361178 08/12/2015
AP 00361179 08/12/2015
AP 00361180 08/12/2015
AP 00361181 08/12/2015
AP 00361182 08/12/2015
AP 00361183 08/12/2015
AP 00361184 08/12/2015
AP 00361185 08/12/2015
AP 00361186 08/12/2015
AP 00361 187 08112/2015
AP 00361188 08/12/2015
AP 00361189 08/12/2015
AP 00361190 08/12/2015
AP 00361191 08/12/2015
AP 00361192 08/12/2015
AP 00361194 08/12/2015
AP 00361195 08/12/2015
AP 00361196 08/12/2015
AP 00361197 08/12/2015
AP 00361198 08/12/2015
AP 00361199 08/12/2015
AP 0036 1200 08112/20 15
AP 00361201 08/12/2015
AP 00361202 08/12/2015
AP 00361203 08/12/2015
AP 00361204 08/12/2015
AP 00361205 08/12/2015
AP 00361206 08/12/2015
AP 00361207 08/12/2015
AP 00361208 08/12/2015
AP 00361209 08/12/2015
AP 00361210 08/12/2015
AP 00361211 08/12/2015
AP 00361212 08/12/2015
AP 00361213 08/12/2015
AP 00361214 08/12/2015
AP 00361215 08/12/2015
AP 00361216 08/12/2015
LU'S LIGHTHOUSE INC
MACS SPRING SHOP
MARK CHRISTOPHER INC
MARQUEZ, EMMANUEL J
MATTIE, RICK
MCFADDEN DALE HARDWARE
MCI
MCMASTER CARR SUPPLY COMPANY
MCMURRAY STERN INC
MEINEKE CAR CARE CENTER
MGT OF AMERICA INC
MIJAC ALARM COMPANY
MITSUBISHI ELECTRIC US INC
MK AUTO DETAIL INC
MOUNTAIN VIEW SMALL ENG REPAIR
MTZ CREATIVE CONCRETE INC
MUNICIPAL WATER DISTRICT OF ORANGE COUNTY
MUSICSTAR
NFPA
NAFA FLEET MANAGEMENT ASSOCIATION
NAPA AUTO PARTS
NBS
NEXTEL
OCAMPO, GRISELDA
OFFICE DEPOT
ONT ARIO ICE SKATING CENTER
ONT ARIO WINN ELSON CO
ONT ARIO, CITY OF
PANZINO, JASON JAMES
PATTON SALES CORP
PEP BOYS
PEREZ, MICHAEL
PETES ROAD SERVICE INC
PONGAN, EPHRAIM
POOPAT, NAN
PRO SALES GROUP INC
QUINONEZ, MELISSA
RBM LOCK AND KEY SERVICE
READ, YOLANDA
ROBLES , RAUL P
RODRIGUEZ INC, RY
ROTARY CORPORATION
SAN BERNARDINO COUNTY SHERIFFS DEPT
SAN BERNARDINO CTY AUDITOR CONTROLLER REC<
SC FUELS
SDC LEAGUE HEAL TH FUND
SDC LEAGUE PENSION FUND
User: VLOPEZ -VERONICA LOPEZ Page: 4
0 .00
550.00
49.88
83.34
200.00
420.50
32.04
97 .06
0.00
1,000 .13
3 ,500.00
0.00
626 .95
0.00
58 .22
500.00
180 .00
528.00
3, 132.00
489 .00
0.00
563 .75
0.00
500 .00
6 ,088.56
1,713 .60
415 .06
0.00
500.00
66 .50
195 .60
100 .00
1,559.22
500 .00
12 .00
984 .78
79 .78
212 .22
250.00
420.00
902 .02
376.36
191,251.89
23,258.33
27 .526.65
675 .00
272.00
Report: CK AGENDA REG PORTRAIT CONSOLIDATED -CK: Agenda Check Register Portrait L
Fire
172 .69
0 .00
0 .00
0.00
0.00
0 .00
0 .00
0.00
1,785.00
0.00
0.00
2 ,583 .00
0.00
365.00
0.00
0 .00
0 .00
0.00
0.00
0 .00
658 .21
0.00
164.97
0.00
323 .98
0 .00
0 .00
10.000.00
0 .00
0.00
0 .00
0.00
0.00
0.00
0 .00
0 .00
0.00
0.00
0 .00
0 .00
0 .00
0 .00
0.00
0 .00
0 .00
0 .00
0 .00
172.69
550 .00
49 .88
83 .34
200.00
420.50
32 .04
97.06
1,785.00
1,000 .13
3 ,500 .00
2.583 .00
626.95
365.00
58 .22
500 .00
180 .00
528.00
3, 132.00
489 .00
658.21
563 .75
164.97
500.00
6,412 .54 * **
1,713 .60
415 .06
10,000 .00
500.00
66.50
195 .60
100 .00
1,559.22
500 .00
12 .00
984 .78
79 .78
212.22
250 .00
420 .00
902 .02
376 .36
191,251.89
23,258 .33
27,526 .65
675 .00
272.00
Current Date: 08/26/2015
Time: 14 :24 :24
P17
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Agenda Check Register
8/12/2015 throu_gh 8/25/2015
Check No. Check Date Vendor Name City Fire Amount
AP 00361217 08/12/2015 SHOETERIA 6,117.05 0.00 6,117.05
AP 00361218 08/12/2015 SI-IRED PROS 0.00 45 .00 45 .00
AP 00361219 08/12/2015 SIGN SHOP, THE 405.00 0.00 405.00
AP 00361220 08/12/2015 SIGTRONICS CORPORATION 0.00 710.79 710.79
AP 00361225 08/12/2015 SOUTHERN CALIFORNIA EDISON 53,564.15 1.737.72 55,301.87 ***
AP 00361226 08/12/2015 SOUTHLAND SPORTS OFFICIALS 230.00 0.00 230 .00
AP 00361227 08/12/2015 STANDARD INSURANCE COMPANY 16,025.78 0.00 16.025 .78
AP 00361228 08/12/2015 STANGL, CASEY 1,133.00 0.00 1.133.00
AP 00361229 08/12/2015 TERMINIX PROCESSING CENTER 0.00 347.75 347.75
AP 00361230 08/12/2015 THOMPSON INFORMATION SERVICES 429.00 0 .00 429.00
AP 00361231 08/12/2015 TONG. WENDY Y 500.00 0.00 500.00
AP 00361232 08/12/2015 TRAFFICWARE LLC 2,528.85 0.00 2,528.85
AP 00361233 08/12/2015 TRAK ENGINEERING INC 0.00 4,661.79 4,661.79
AP 00361234 08/12/2015 TRIMMER, PATRICIA A 261.25 0.00 261.25
AP 00361235 08/12/2015 TRUCK VAULT INC 2,355.00 0 .00 2,355.00
AP 00361236 08/12/2015 U .S. BANK PARS ACCT #6746022500 10,895.90 0 .00 I 0,895.90
AP 00361237 08/12/2015 U.S. BANK PA'RS ACCT #6746022500 3,900.00 0.00 3,900.00
AP 00361238 08/12/2015 U.S. BANK PARS ACCT#6746022500 1,005.13 0.00 1.005.13
AP 00361239 08/12/2015 U.S. BANK PARS ACCT #6746022500 1,035.58 0.00 1,035.58
AP 00361240 08/12/2015 ULINE 303.84 0.00 303.84
AP 00361241 08/12/2015 UNITED PACIFIC SERVICES INC 260 .00 0.00 260.00
AP 00361242 08/12/2015 UNITED ROTARY BRUSH CORPORATION 817.78 0.00 817.78
AP 00361243 08/12/2015 UNITED SCENIC ARTISTS PENSION AND WELFARE FU 192.00 0.00 192.00
AP 00361244 08/12/2015 UPS 40.88 0.00 40.88
AP 00361245 08/12/2015 Verizon 41.90 0 .00 41.90
AP 00361247 08/12/2015 VERIZON CALIFORNIA 56.617.65 925.43 57,543.08 ***
AP 00361248 08/12/2015 VERIZON WIRELESS -LA 293 .18 0.00 293.18
AP 00361249 08/12/2015 VERIZON WIRELESS -LA 494.13 0.00 494.13
AP 00361250 08/12/2015 VERIZON WIRELESS -LA 4,410.75 0.00 4,410.75
AP 00361251 08/12/2015 VERIZON WIRELESS -LA 0.00 2.804.03 2,804 .03
AP 00361252 08/12/2015 VIRTUAL PROJECT MANAGER INC 500.00 0 .00 500.00
AP 00361253 08/12/2015 VISION SER VICE PLAN CA 10,819.40 0.00 10,819.40
AP 00361254 08/12/2015 WAXIE SANITARY SUPPLY 3.222.76 4.271.59 7,494.35 ***
AP 00361255 08/12/2015 WHITE CAP CONSTRUCTION SUPPLY 911.51 0.00 911.51
AP 00361256 08/12/2015 WILSON AND BELL 592.73 0.00 592.73
AP 00361257 08/12/2015 WOMEN LEADING GOVERNMENT 0.00 50 .00 50 .00
AP 00361258 08/12/2015 ZEE MEDICAL INC 678.90 0.00 678.90
AP 00361259 08/13/2015 eCIVIS LLC 31,500.00 0.00 31,500.00
AP 00361260 08/13/2015 ABC LOCKSMITHS 2,284.80 0.00 2.284.80
AP 00361261 08/13/2015 AIRGAS USA LLC 304.69 281.85 586.54 ***
AP 00361262 08/13/2015 DUNN EDWARDS CORPORATION 438 .33 0.00 438.33
AP 00361263 08/13/2015 QUICK CRETE PRODUCTS 7,413 .12 0 .00 7,413.12
AP 00361264 08/13/2015 UNIFIRST UNIFORM SERVICE 0.00 287.95 287.95
AP 00361267 08/13/2015 CVWD 65,259.97 1,300.67 66,560.64 ***
AP 00361268 08/13/2015 INLAND VALLEY DAILY BULLETIN 13,370.20 0.00 13,370.20
AP 00361269 08/13/2015 INTERSTATE BATTERIES 0 .00 315 .34 315.34
AP 00361270 08/13/2015 LIMS AUTO INC 76.10 0.00 76.10
User: VLOPEZ -VERONICA LOPEZ Page: 5 Current Date: 08/26/2015
Report: CK AGENDA REG PORTRAIT CONSOLIDATED -CK: Agenda Check Register Portrait L Time: 14:24:24
P18
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Agenda Check Register
8/12/2015 through 8/25/2015
Check No. Check Date Vendor Name City Fire Amount
AP 00361271 08/13/2015 NEC CORPORATION OF AMERICA 17,393.02 0.00 17,393.02
AP 00361272 08/13/2015 PENNY PLUMBrNG 498.81 2.096.32 2,595.13 ***
AP 00361273 08/19/2015 ALLIED STORAGE CONTAINERS 0.00 25.14 25.14
AP 00361274 08/19/2015 ALPHAGRAPI-IICS 331.44 0.00 331.44
AP 00361275 08/19/2015 AUFBAU CORPORATION 2,392.00 0.00 2,392.00
AP 00361276 08/19/2015 BCA DEVELOPMENT INC 13,140 .00 0.00 13, 140.00
AP 00361277 08/19/2015 BRUCE, INGRID 59.94 0.00 59 .94
AP 00361278 08/19/2015 BUTSKO UTILITY DESIGN INC. 11,471.20 0 .00 11,471.20
AP 00361279 08/19/2015 CAPITAL ONE COMMERCIAL 688.04 0.00 688.04
AP 00361280 08/19/2015 CCS ORANGE COUNTY JANITORIAL INC. 0.00 371.85 371.85
AP 00361281 08/19/2015 CDW-G 3,283.15 0.00 3,283.15
AP 00361282 08/19/2015 CLARKE PLUMBING SPECIAL TIES INC. 4,880.87 0.00 4,880.87
AP 00361283 08/19/2015 CLERK IN SINCLAIR & MAHFOUZ 1,071.08 0.00 1,071.08
AP 00361284 08/19/2015 COAST RECREATION INC 1,569.40 0.00 1,569.40
AP 00361285 08/19/2015 DEPARTMENT OF JUSTICE 9, 105.00 0.00 9,105.00
AP 00361286 08/19/2015 ERGON ASPHALT AND EMULSIONS 651.82 0 .00 651.82
AP 00361287 08/19/2015 EVENHAIM, NISSIM 5,000.00 0.00 5.000.00
AP 00361288 08/19/2015 FIRST VETERINARY SUPPLY 53.90 0.00 53.90
AP 00361289 08/19/2015 GEOGRAPHICS 2,214.71 0.00 2,214.71
AP 00361290 08/19/2015 GONZALES, ANTOINETTE 49.45 0.00 49.45
AP 00361291 08/19/2015 GRAINGER 1,611.07 0.00 1,611.07
AP 00361292 08/19/2015 GRANICUS INC 9,000.00 0.00 9,000.00
AP 00361293 08/19/2015 GRIFFIN, SANDY 0.00 600.88 600.88
AP 00361294 08/19/2015 1-1 & 1-1 GENERAL CONTRACTORS INC 1,529,314.47 0.00 1,529,314.47
AP 00361295 08/19/2015 INTEGRITY DOOR & HARDWARE INC 0.00 687.22 687.22
AP 00361296 08/19/2015 JAS PACIFIC 7,800.31 0.00 7,800.31
AP 00361297 08/19/2015 LARKIN, DA YID W 0.00 60.00 60.00
AP 00361298 08/19/2015 MARI POSA LANDSCAPES INC 4,889.91 0.00 4,889.91
AP 00361299 08/19/2015 MARTIN, JASON 346.00 0.00 346.00
AP 00361300 08/19/2015 MCALLISTER, WILLIAM 270.00 0.00 270.00
AP 00361301 08/19/2015 NBS 13,117.72 0.00 13 ,117.72
AP 00361302 08/19/2015 NINYO & MOORE 4,893.75 0.00 4,893 .75
AP 00361303 08/19/2015 NUNEZ, FLA VIO 12.00 0.00 12.00
AP 00361304 08/19/2015 PACIFIC MUNICIPAL CONSULTANTS 9, 120.00 0.00 9,120.00
AP 00361305 08/19/2015 PARS 3,500.00 0.00 3,500.00
AP 00361306 08/19/2015 PHOENIX GROUP INFORMATION SYSTEMS 163.58 0.00 163.58
AP 00361307 08/19/2015 PLACE WORKS 24,075.84 0.00 24,075.84
AP 00361308 08/19/2015 RANCHO CUCAMONGA COMMUNITY & ARTS FOUND 6.262.60 0.00 6,262.60
AP 00361309 08/19/2015 RDO EQUIPMENT COMPANY 73.32 0.00 73.32
AP 00361310 08/19/2015 RECYCLE A WAY LLC 1,667.00 0.00 1,667.00
AP 00361311 08/19/2015 SAN ANTONIO COMMUNITY HOS PIT AL 0.00 160.00 160.00
AP 00361312 08/19/2015 SANFT, THOMAS 173.00 0.00 173.00
AP 00361313 08/19/2015 SARGENT TOWN PLANNING rNC 149,752.10 0.00 149,752.10
AP 00361314 08/19/2015 SUNGARD PUBLIC SECTOR INC I, IO 1.50 0.00 1,101.50
AP 00361315 08/19/2015 VALLEY CREST LANDSCAPE 9,080.02 0.00 9,080.02
AP 00361316 08/19/2015 VISION COMMUNICATIONS CO 601.84 0.00 601.84
AP 00361319 08/19/2015 XEROX CORPORATION 11,322.80 443.10 11,765.90 ***
User: VLOPEZ -VERONICA LOPEZ Page: 6 Current Date: 08/26/2015
Report: CK AGENDA REG PORTRAIT CONSOLIDATED -CK: Agenda Check Register Portrait L Time: 14:24:24
P19
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Agenda Check Register
8/12/2015 through 8 /25/2015
Check No. Check Date Vendor Name City Fire Amount ---
AP 00361320 08/19/2015 I PLUS I TECHNOLOGY 1,225.00 0.00 1,225.00
AP 00361321 08/19/2015 A AND R TIRE SERVICE 1,097.04 0.00 1,097.04
AP 00361322 08/19/2015 A.Y. NURSERY INC. 1,168.56 0.00 1.168.56
AP 00361323 08/19/2015 ACEY DECY EQUIPMENT INC. 211.09 0.00 211.09
AP 00361324 08/19/2015 AEF SYSTEMS CONSULTING INC 2,012.50 0.00 2.012.50
AP 00361325 08/19/2015 AFLAC GROUP INSURANCE 79.40 0.00 79.40
AP 00361326 08/19/2015 AFLAC GROUP INSURANCE 6,843.06 0.00 6.843.06
AP 00361327 08/19/2015 ALL WELDING 60.00 0.00 60.00
AP 00361328 08/19/2015 ALLEN, DEBORAH 67.65 0.00 67.65
AP 00361329 08/19/2015 ALPI-IAGRAPHICS 62.37 0.00 62.37
AP 00361330 08/19/2015 AMERICAN MATERIAL HANDLING 353.16 0.00 353.16
AP 00361331 08/19/2015 ANDERSON, MARGARET COLLEEN 500.00 0.00 500.00
AP 00361332 08/19/2015 ARCHITERRA DESIGN GROUP 15,790.75 0.00 15,790.75
AP 00361333 08/19/2015 ARROW INTERNATIONAL 0.00 2,376.00 2,376.00
AP 00361334 08/19/2015 ART OF LIVING FOUNDATION 72.00 0.00 72.00
AP 00361335 08/19/2015 BAHAIS OF RANCHO CUCAMONGA 500.00 0.00 500.00
AP 00361336 08/19/2015 BAKER, CLlff 200.00 0.00 200.00
AP 00361337 08/19/2015 BALDY FIRE AND SAFETY 166.00 0.00 166.00
AP 00361338 08/19/2015 BAROUD, AKRAM 526.00 0.00 526.00
AP 00361339 08/19/2015 BISHOP COMPANY 467.68 0.00 467.68
AP 00361340 08/19/2015 BLACK BAUD 4,368.38 0.00 4,368.38
AP 00361341 08/19/2015 BM! 1,340.00 0.00 1,340.00
AP 00361342 08/19/2015 BOUND TREE MEDICAL LLC. 1,985.47 530.24 2,515.71 ***
AP 00361343 08/19/2015 BRUCE, INGRID 132.49 0.00 132.49
AP 00361344 08/19/2015 CAI, XIAU 1-IONG 68.00 0.00 68.00
AP 00361345 08/19/2015 CAL PERS LONG TERM CARE 268.00 0.00 268.00
AP 00361346 08/19/2015 CAL WEST UNDERGROUND INC 1,000.00 0.00 1,000.00
AP 00361347 08/19/2015 CALIFORNIA BOARD OF EQUALIZATION, STATE OF 2,076.00 0.00 2,076.00
AP 00361348 08/19/2015 CALIFORNIA FRANCHISE TAX BOARD 55.00 0.00 55.00
AP 00361349 08/19/2015 CALIFORNIA FRANCHISE TAX BOARD 300.00 0.00 300.00
AP 00361350 08/19/2015 CALIFORNIA. STATE OF 62.50 0.00 62.50
AP 00361351 08/19/2015 CALPERS 128.807.18 7, 147.01 135,954.19 ***
AP 00361352 08/19/2015 CAPITAL ONE COMMERCIAL 827.40 380.94 1,208.34 ***
AP 00361353 08/19/2015 CASTILLO, JESSIE 187.50 0.00 187.50
AP 00361354 08/19/2015 CCS ORANGE COUNTY JANITORIAL INC. 38,644.42 0.00 38,644.42
AP 00361355 08/1912015 CEJA, SUZANNE 22.66 0.00 22.66
AP 00361356 08/19/2015 CHARTER COMMUNICATIONS 79.88 885.00 964.88 ***
AP 00361357 08/19/2015 CITY CLERKS ASSOCIATION OF CALIFORNIA 575.00 0.00 575.00
AP 00361358 08/19/2015 CLEAR STREAM RECYCLING 1,433.00 0.00 1,433.00
AP 00361359 08/19/2015 CLEARWATER GRAPHICS INC 29,944.28 0.00 29,944.28
AP 00361360 08/19/2015 CLIMATEC LLC 5,474.75 0.00 5,474.75
AP 00361361 08/19/2015 COLUMBIA CASCADE COMPANY 230.20 0.00 230.20
AP 00361362 08/19/2015 CONFIRE JPA 0.00 50,733.46 50.733.46
AP 00361363 08/19/2015 COPIES & INK PRINTING INC. 644.16 0.00 644.16
AP 00361364 08/19/2015 COSTANZO INVESTMENTS LLC 136.00 0.00 136.00
AP 00361365 08/19/2015 CROP PRODUCTION SERVICES INC 2,606.53 0.00 2,606.53
AP 00361366 08/19/2015 D AND K CONCRETE COMPANY 2,544.50 0.00 2,544.50
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P20
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Agenda Check Register
8/12/2015 through 8/25/2015
Check No. Check Date Vendor Name 9.!r Fire Amount ---
AP 00361367 08/19/2015 DAWSON SURVEYING INC. 4,400.00 0.00 4.400.00
AP 00361368 08/19/2015 DELATORRE-LEWIS, ROBYN 200 .00 0 .00 200.00
AP 00361369 08/19/2015 DENT, MARY JANE 68.00 0.00 68.00
AP 00361370 08/19/2015 DEPARTMENT OF CONSUMER AFFAIRS 115.00 0.00 115.00
AP 00361371 08/19/2015 DEPARTMENT OF JUSTICE 3,630.00 0.00 3,630.00
AP 00361372 08/19/2015 DUMBELL MAN FITNESS EQUIPMENT, THE 150.00 300.00 450.00 ...
AP 00361373 08/19/2015 DURKEL, CAROL 69.00 0.00 69.00
AP 00361374 08/19/2015 ECONOLITE CONTROL PRODUCTS INC 1,935.48 0.00 1.935.48
AP 00361375 08/19/2015 EMPLOYMENT DEVELOPMENT DEPT. 23,271.00 0.00 23,271.00
AP 00361376 08/19/2015 ENTERSECT CORP 87.97 0.00 87.97
AP 00361377 08/19/2015 EXPERIAN 52.24 0.00 52.24
AP 00361378 08/19/2015 FEDERAL EXPRESS CORP 141.38 0.00 141.38
AP 00361379 08/19/2015 GALE/CENGAGE LEARNING 15,245.14 0.00 15,245.14
AP 00361380 08/19/2015 GOODYEAR TIRE AND RUBBER CO. 494.38 0.00 494.38
AP 00361381 08/19/2015 GRAINGER 1,051.00 84.08 1,135.08***
AP 00361382 08/19/2015 GRAPHICS FACTORY INC. 732.78 0.00 732.78
AP 00361383 08/19/2015 HASTINGS, RON 50.00 0.00 50.00
AP 00361384 08/19/2015 HI WAY SAFETY INC 504.17 0.00 504.17
AP 00361385 08/19/2015 HOME DEPOT CREDIT SERVICES 645 382.12 0.00 382.12
AP 00361386 08/19/2015 HOSE MAN INC 160.39 0.00 160.39
AP 00361387 08/19/2015 INK SLINGER SCREEN PRINTING & EMBROIDERY 3, 188.97 0.00 3,188.97
AP 00361388 08/19/2015 INLAND EMPIRE SHRM 110.00 0.00 110.00
AP 00361389 08/19/2015 INLAND EMPIRE TOURS AND TRANSPORTATION 3,446.00 0.00 3.446.00
AP 00361390 08/19/2015 INLAND VALLEY DAILY BULLETIN 13.95 0.00 13.95
AP 00361391 08/19/2015 INLAND VALLEY DANCE ACADEMY 2,301.00 0.00 2,301.00
AP 00361392 08/19/2015 INSIGHT PUBLIC SECTOR INC 2,508.96 0.00 2,508.96
AP 00361393 08/19/2015 JOHN BURR CYCLES INC 1,203.58 0 .00 1,203.58
AP 00361394 08/19/2015 JOHNSON, CHEARICE 66.91 0.00 66.91
AP 00361395 08/19/2015 K K WOODWORKING 172.63 0.00 172.63
AP 00361396 08/19/2015 KASBECK, GUNTER 22.00 0.00 22.00
AP 00361397 08/19/2015 LIFE ASSIST INC 0.00 3.894.94 3,894.94
AP 00361398 08/19/2015 MARIPOSA LANDSCAPES INC 13,388.91 0.00 13,388.91
AP 00361399 08/19/2015 MARSHALL, SYLVIA 2,094.60 0.00 2.094.60
AP 00361400 08/19/2015 MCMASTER CARR SUPPLY COMPANY 270.58 0.00 270.58
AP 00361401 08/19/2015 MCPEEKS DODGE OF ANAHEIM 24,808.61 0.00 24,808.61
AP 00361402 08/19/2015 MEDLEY FIRE PROTECTION INC 400.00 0.00 400.00
AP 00361403 08/19/2015 MIDWEST TAPE 435.86 0.00 435.86
AP 00361404 08/19/2015 Ml LLER MANAGEMENT & CONSUL TING GROUP 1,425.00 0.00 1,425.00
AP 00361405 08/19/2015 MITSUBISHI ELECTRIC US INC 626.95 0.00 626.95
AP 00361406 08/19/2015 MOUNTAIN VIEW SMALL ENG REPAIR 200.09 0.00 200.09
AP 00361407 08/19/2015 MUSI CST AR 1,306.80 0.00 1,306.80
AP 00361408 08/19/2015 NAPA AUTO PARTS 0.00 15.47 15.47
AP 00361409 08/19/2015 NBS 3,265.00 0.00 3,265.00
AP 00361410 08/19/2015 NEXGEN 293.22 0.00 293.22
AP 00361411 08/19/2015 NUNEZ, FLA VIO 6.00 0.00 6.00
AP 00361412 08/19/2015 OCCUPATIONAL HEALTH CTRS OF CA 1.299.50 0.00 1,299.50
AP 00361413 08/19/2015 OCLCINC 51.97 0.00 51.97
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P21
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Agenda Check Register
8/ 12/20 I 5 through 8 /25/2015
Check No. Check Date Vendor Name City Fire Amount
AP 00361415 08/19/2015 OFFICE DEPOT 3,882.42 90.01 3,972.43 ...
AP 00361416 08/19/2015 OPEN APPS INC 3,510.00 0.00 3,510.00
AP 00361417 08/19/2015 PAL CAMPAIGN 10.00 0.00 I0.00
AP 00361418 08/19/2015 PARSONS, ALICIA 65.00 0.00 65.00
AP 00361419 08/19/2015 PATTON SALES CORP 573.78 0.00 573.78
AP 00361420 08/19/2015 PEPSI-COLA 743.77 0.00 743.77
AP 00361421 08/19/2015 l'l·IYSIO CONTROL INC 0.00 30.240.00 30,240.00
AP 00361422 08/19/2015 PRE-PAID LEGAL SERVICES INC 96.59 0.00 96.59
AP 00361423 08/19/2015 PRESTIGIOUS CUSTOM CABINETRY . 0.00 371.00 371.00
AP 00361424 08/19/2015 PRO SALES GROUP INC 478.29 0.00 478.29
AP 00361425 08/19/2015 PROPET DISTRIBUTORS INC 2,055.95 0.00 2.055.95
AP 00361426 08/19/2015 RAND R AUTOMOTIVE 820.66 0.00 820.66
Al' 00361427 08/19/2015 RANCHO CUCAMONGA FONTANA FAMILY YMCA 9,606.90 0.00 9,606.90
AP 00361428 08/19/2015 RBM LOCK AND KEY SERVICE 271. 98 0.00 271.98
AP 00361429 08/19/2015 RDO EQUIPMENT COMPANY 173,079.08 0.00 173.079.08
AP 00361430 08/19/2015 RED WING SHOE STORE 3,128.91 0.00 3,128.91
AP 00361431 08/19/2015 RED WING SHOE STORE 647.40 0.00 647.40
AP 00361432 08/19/2015 RED WING SHOE STORE 4,055.73 0.00 4.055.73
AP 00361433 08/19/2015 RED WING SHOE STORE 352.47 0.00 352.47
AP 00361434 08/19/2015 RIPPETOE LAW PC 14, 139.39 4,249.08 18,388.47 ...
AP 00361435 08/19/2015 ROBERT, WILMA 8.00 0 .00 8.00
AP 00361436 08/19/2015 RUBENS AUTO COLLISION CENTER 500.00 0.00 500.00
AP 00361437 08/19/2015 RUGG, KEVIN 32.34 0.00 32.34
AP 00361438 08/19/2015 SAFE-ENTRY TECHNICAL INC 0.00 250.00 250.00
AP 00361439 08/19/2015 SAN BERNARDINO COUNTY 50.00 0.00 50.00
AP 00361440 08/19/2015 SAN BERNARDINO COUNTY SHERIFFS DEPT 6,051.38 0.00 6,051 .38
AP 00361441 08/19/2015 SANDS, CHRISTOFER 50.00 0.00 50.00
AP 00361442 08/19/2015 SB PEA 1,062.04 0.00 1,062.04
AP 00361443 08/19/2015 SC FUELS 24,176.00 0.00 24,176.00
AP 00361444 08/19/2015 SCHRADER, LOIS 50.73 0.00 50.73
AP 00361445 08/19/2015 SEXTON, SHEILA 6.00 0.00 6.00
AP 00361446 08/19/2015 SHERIFFS COURT SERVICES 150.00 0.00 150.00
AP 00361447 08/19/2015 SHERIFFS COURT SERVICES 491.65 0.00 491.65
AP 00361448 08/19/2015 SHERIFFS COURT SERVICES 93.38 0.00 93.38
AP 00361449 08/19/2015 SHRED IT 385.95 0.00 385.95
AP 00361450 08/19/2015 SHRED PROS 0 .00 35.00 35.00
AP 00361451 08/19/2015 SMARTLITE 545.00 0.00 545.00
AP 00361452 08/19/2015 SONSRA Y MACHINERY LLC 36.29 0.00 36.29
AP 00361453 08/19/2015 SOUSA, NARCIE 245.38 0.00 245.38
AP 00361458 08/19/2015 SOUTHERN CALIFORNIA EDISON 12.689.74 0.00 12,689.74
AP 00361459 08/19/2015 SOUTHERN CALIFORNIA EDISON 189,968.82 0.00 189,968.82
AP 00361460 08/19/2015 SPARKLETTS 76.00 0.00 76.00
AP 00361461 08/19/2015 STATEWIDE TRAFFIC SAFETY & SIGNS INC 285.97 0.00 285.97
AP 00361462 08/19/2015 STERLING COFFEE SER VICE 663.32 0.00 663.32
AP 00361463 08/19/2015 TANNER RECOGNITION COMPANY, 0 C 105.50 0.00 105.50
AP 00361464 08/19/2015 T ARGETSOLUTIONS 0 .00 3,857.50 3,857.50
AP 00361465 08/19/2015 TAYLOR ENGINEERING AND PLUMBING 1,000.00 0.00 1,000.00
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P22
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Agenda Check Register
8/12/2015 through 8/25/2015
Check No. Check Date Vendor Name City Fire Amount
AP 00361466 08/19/2015 TERMINIX PROCESSING CENTER 0.00 179 .00 179 .00
AP 00361467 08/19/2015 THEATRE FOR YOUNG AUDIENCES USA 550.00 0 .00 550 .00
AP 00361468 08/19/2015 TOMCO LLC 148 ,869.76 0 .00 148 .869.76
AP 00361469 08/19/2015 TOMCO LLC 10,024 .06 0 .00 10 .024 .06
AP 00361470 08/19/2015 U .S. BANK PARS ACCT #6746022500 15 ,572.34 0.00 15 ,572 .34
AP 00361471 08/19/2015 UNDERGROUND SVC ALERT OF SO CAL 852.00 0.00 852.00
AP 00361472 08/19/2015 UNIQUE MANAGEMENT SERVICES INC 596.07 0 .00 596 .07
AP 00361473 08/19/2015 UNITED PACIFIC SERVICES INC 97 ,635.00 0 .00 97,635.00
AP 00361474 08/19/2015 UNITED ROTARY BRUSH CORPORATION 1,895.76 0 .00 1,895.76
AP 00361475 08/19/2015 UNITED WAY 157 .00 0 .00 157 .00
AP 00361476 08/19/2015 UPS 73 .79 0 .00 73 .79
AP 00361477 08/19/2015 VERIZON ENGINEERING DEPT 2,000.00 0 .00 2,000.00
AP 00361481 08/19/2015 VERIZON WIRELESS -LA 5,200.87 0 .00 5,200.87
AP 00361482 08/19/2015 VISION COMMUNICATIONS CO 1,068.44 0 .00 1,068 .44
AP 00361483 08/19/2015 VIVERAE INC 1,150.00 0 .00 1.150 .00
AP 00361484 08/19/2015 WAINWRIGHT, JANICE RODGERS 350.00 0 .00 350.00
AP 00361485 08/19/2015 WALTERS WHOLESALE ELECTRIC CO 476.00 0 .00 476 .00
AP 00361486 08/19/2015 WAXIE SANITARY SUPPLY 9,787.83 0 .00 9 ,787 .83
AP 00361487 08/19/2015 WESTCOAST MEDIA 900.50 0.00 900 .50
AP 00361488 08/19/2015 WHITE CAP CONSTRUCTION SUPPLY 142.54 0 .00 14 2 .54
AP 00361489 08/19/2015 WILSON AND BELL 1,052.84 0 .00 1.052.8 4
AP 00361490 08/19/2015 WONG, DAVID 75.00 0 .00 75.00
AP 00361491 08/19/2015 WORD MILL PUBLISHING 1,400 .00 0.00 1.400.00
AP 00361492 08/19/2015 YAHOO ACCOUNTS RECEIVABLE 126 .60 0 .00 126 .60
AP 00361493 08/19/2015 ZEE MEDICAL INC 1,553.31 0.00 1,553.31
AP 00361494 08/19/2015 ZIMMERMAN , LEAH 50 .00 0 .00 50.00
AP 00361495 08/19/2015 ZUMAR INDUSTRIES INC 13 ,776.48 0 .00 13 ,776 .48
AP 00361496 08/20/2015 EMPLOYMENT DEVELOPMENT DEPT. 23 ,271.00 0 .00 23 ,271.00
AP 00361497 08/20/2015 SAN BERNARDINO COUNTY SHERIFFS DEPT 7 ,240.58 0 .00 7,240 .58
AP 00361499 08/20/2015 BRODART BOOKS 3,512.06 0 .00 3,512 .06
AP 00361500 08/20/2015 VISTA PAINT 457.95 0.00 457 .95
AP 00361501 08/20/2015 CVWD 16 ,786.63 0 .00 16,786.63
AP 00361502 08/20/2015 IMPERIAL SPRINKLER SUPPLY INC 1,513.22 0 .00 1,513 .22
AP 00361503 08/20/2015 INLAND VALLEY DAILY BULLETIN 705 .00 0 .00 705.00
AP 00361504 08/20/2015 INTERSTATE BATTERIES 221.25 0 .00 221.25
AP 00361505 08/20/2015 NEC CORPORATION OF AMERICA 3,324 .00 0 .00 3,324.00
AP 00361506 08/20/2015 PENNY PLUMBING 1,147 .59 0 .00 1,147 .59
AP 00361507 08/20/2015 SIMPLOT PARTNERS 2,248.26 0 .00 2,248.26
AP 00361508 08/20/2015 TARGET SPECIALTY PRODUCTS 228 .94 0 .00 228 .94
AP 00361509 08/20/2015 TOMARK SPORTS INC 296.95 0 .00 296 .95
AP 00361510 08/20/2015 TWTELECOM 2,830.89 0.00 2,830.89
AP 00361511 08/20/2015 UNI FIRST UNIFORM SERVICE 0.00 1,338.80 1,338 .80
AP 00361512 08/20/2015 VISTA PAINT 602 .64 0 .00 602 .64
AP 00361513 08/20/2015 RANDOLPH , SHELLY K 12 ,609.34 0 .00 12 ,609.34
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P23
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Check No.
Note:
Check Date Vendor Name
Agenda Check Register
8/12/2015 through 8/25/2015
*** Check Number includes both City and Fire District expenditures
Total City:
Total Fire:
Grand Total:
Amount --
$5,331,839.53
$257,093.96
$5,588,933.49
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P24
STAFF REPORT
E NGINEEIUNG SERVICES DEP.-\RTMENT
Date:
To:
From:
By:
Subject:
September 2, 2015
Mayor and Members of the City Council
John R. Gillison, City Manager
Mark A. Steuer, Director of Engineering Services/City Engineer
Jerry A. Dyer, Principal Civil Engineer ~
CONSIDERATION OF A RESOLUTlgN OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE MEASURE "I" FIVE-YEAR
CAPITAL IMPROVEMENT PROGRAM COVERING FISCAL YEARS 2015/2020
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution approving the Local Measure
"I" Five-Year Capital Improvement Program covering fiscal years 2015/2020 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.
Staff has prepared the attached Five-Year Capital Improvement Plan schedule 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. If changes are necessary (additions or
deletions), the plan may be altered at each annual adoption or intermittently with City Council
approval.
In addition, SANBAG has advised us to adopt a Measure "I" Improvement Plan Expenditure Strategy
as part of the annual adoption period. This should be a narrative policy statement estimating the
types of projects Local Measure "I" Funds are to be used for and the percentage of funds allocated
for each type of project.
Respectfully submitted,
M@-~
Director of Engineering Services/City Engineer
MAS/JAD:ls
Attachments
P25
RESOLUTION NO . 15-166
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, STATE OF CALIFORNIA, ADOPTING
THE MEASURE "I" FIVE-YEAR CAPITAL IMPROVEMENT
PROGRAM COVERING FISCAL YEARS 2015/2020 FOR THE
EXPENDITURE OF MEASURE "I" FUNDS
WHEREAS, San Bernardino County voters approved passage of Measure I in November
2004, authorizing 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.
04-1 of the Authority; and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from
the Local Streets Program to annually adopt and update a Five-Year Capital Improvement
Program.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho
Cucamonga, State of California, hereby adopts the Measure I Five-Year Capital Improvement
Plan attached to this resolution as Exhibit A.
RESOLUTION NO . 15-166-Page 1 of 1
P26
CITY OF RANCHO CUCAMONGA
MEASURE I CAPTIAL IMPROVEMENT PLAN
EXPENDITURE STRATEGY
2015/2020
The Measure "I" Capital Improvement Plan Expenditure Strategy for the expenditure of
Measure I funds will use the City's General Plan Circulation Element as a basis. It is
anticipated that the funds will be allocated in the following manner:
Percent Type of Improvement
71 Maintenance, Rehabilitation and Repair of Existing Roadways
22 Traffic Signal Improvements, Pavement Striping and Maintenance
5 Concrete Services (ADA, Repair and Sidewalks)
2 Pavement Management
P27
Please do not change, alter or modify this template.
MEASURE I LOCAL STREET PASS THROUGH FUNDS FIVE YEAR CAPITAL IMPROVEMENT PLAN
PLAN PERIOD: 2015/2016 to 2019/2020 I
AGENCY NAME: Rancho Cucamonga FY 2015/2016 FY 2016/2017 FY 2017/2018 FY 2018/2019 FY 2019/2020
Total Available
(Carryover plus
estimate)
CARRYOVER BALANCE: $6,115,211.70 I MEASURE I ESTIMATE: $2,682,003.30 $2,762,463.40 $2,852,243.46 $2,952,071.98 $3,070, 154.86 $20,434, 148. 70
Named Projects:
4th St from Archibald to Haven -pavement rehabilitation
Archibald Ave from 4th St to Foothill -Qavement rehabil itation
Archibald Ave from Hillside to North Ci!}' Limit -Qavement rehabilitation
Ban)'an St from Rochester to Etiwanda -Pavement Rehabilitation
Base Line Rd from Milliken to West of Da)' Creek Blvd -Pavement Rehabilitation
Carnelian St from Lemon to Wilson -Qavement rehabilitation
Foothill Blvd from Archibald to Haven -Pavement Rehabilitation
Foothill Blvd from Haven to Milliken -Pavement Rehabilitation
Foothill Blvd from 1-15 Freewa)' to East -Pavement Rehabilitation
Foothill Blvd from Milliken to 1-15-Qavement rehabilitation
Foothill Blvd from Vine)'ard to Archibald -Qavement rehabilitation
Haven Ave from Base Line to Rte 210 -Pavement Rehabilitation
Haven Ave from Foothill to Base Line -Pavement Rehabilitation
Haven Ave from Wilson to North Ci!}' Limit -Qavement rehabilitation
Hillside Rd from Archibald to Haven -Qavement rehabilitation
Milliken Ave from Route 210 to Ban)'an -Qavement rehabilitation
Rochester Ave from 6th St to Arrow Route -Pavement Rehabilitation
Rochester Ave from Base Line to Ban)'an -Pavement Rehabilitation
Rochester Ave from Foothill to Base Line -Pavement Rehabilitation
Victoria St from Etiwanda to East Ci!}' Limit -Pavement Rehabilitation
Estimated Total
Project Cost
Nexus Project?
Public Dtf
Shol9 (%) Shal9 (%)
FY 2015/2018 FY 201612017 FY 2017/2018 FY 2018/2019 FY 2019/2020 Total Local street
Carryover
Funds
Measure I
Current Carryover Current Carryover Current Carryover Current Carryover Current Programmed
Estimate Funds Estimate Funds Estimate Funds Estimate Funds Estimate
S 392,000 .00 S -S 392,000.00 S -S -S -S _-__ s_ -S -S _-__ s _ -_ _ $392 000.00
s 1,100,000.00 ____ s_ _-__ 1-=s_1~,1=-=o:-::o"-=,o:-::o-=-o-=.o-=-0_1~s,----------1---=s,---------_1_,s~ -s -_s ____ -_,~s ____ -_.,~s _ -s _-_ s1,100,ooo.og
S 372 ,000 .00 S -S 355,000.00 S -S -S _-__ s ___ -__ s_ -S -S --S -$355 000.00
S 450,000.00 S ---.,~s ____ -_,,_S~------,~s ____ -_,_s~ _ -S -S -S -S -S 450,000 .00 _ $450 000.00
___ ,~s ___ 9_3o~,o_o_o_.o_o_, ___ _s__ -s 30,000.00 s -s 900 .000.00 s _-__ s_ _-_1_cc_s ____ -_1_cc_s _ __-_1_cc_s ____ --+--'-s--$930000.00
S 468,000.00 S -S 468 ,000.00 S _ _-__ S_ _-_1_S"-----------1-_S0_ _-_.1_cc_S ____ -_.1_cc_S _ -S _-__ S_ _-_____ $4$8830 D
000
0Q,.Q__
0
D
0 S 707,000.00 _ S ------·l-"-S-----=-30=·-=-00=0=.0=0'-l--'s"-----___ -__ l --"'s_ _-__ s_ -S -_s _ __-__ s_ -_-S -S _-_
S 900,000.00 ___ _,Sc..._. ___ --l--'S~ -S -S -S ----S-900,000 .00 S -S -S -S -$900 000.00
s 025 ,000.00 ____ s_ -_s_ _-__ s_ -s -s -s -s -s --s-___ -_,_s~_02_5~,o_o_o_.o_o _,_ ___ s~0_2_5~00_0~.o_,o
S 1,200,000.00 _s_ -S -S -S -S _-__ s _ _ -_-S -S 1,200,000.00 S ___ -_,_s~-------$1 200 000.00
S 626,000.00 S -S 611 ,000.00 S -_--S-----S---S _-__ ,_Sc_ ____ -_,_S~ -S _-__ ,~S ____ -__ ,__ $811 ODO.OJ!
S 850 ,000.00 _ _ _s_ _ __ -__ s _ _-__ s_ -S -,_s~------_s_ -_s_ -S -_--s-_ -S 850 000.00 $850,000.0Q.
S 900 ,000.00 _S_ -S -,_Sc_ _____ -_,,_S~--_S_ -S 900,000.00 S -S -S _-__ S_ __ _ S900 000.00
S 494,310.00 --_s_ -S 480,000.00 S -S -S _ _-__ s_ -S -S --_-S -_s_ --_ $480 000.00
--,-~s __ 0_5~0,~00_0_.0_0_
1
_ _s_ _ _-__ s_ -s -s 050 ,000.00 s _-__ s__ __-_ s -s -s -_s _ -$850 000.00
S 350 ,000.00 S -S -_--s--S -S _-__ s_ -S -S 350,000.00 S -_s_ __-_ $350,000.00
S 350 ,000.00 --_s_ __-_ S -S -S -S -_s_ -_s_ -S 350,000.00 S -_s_ _-_ $350,000.Qll
S 850 ,000.00 ____ S_ -S -S -S -S -S 850 ,000 .00 S -S _-__ 1~S ____ -_1_S-'--------!'-$850 000.00
--l--'S'----'5c..=9-=-0'-=,5-=-0-C-'0.-=-00=---1 S -S 500.00 S -S 590 ,000.00 S -_S_ -S ___ -__ S__ -__ S_ _ _-__ S_ -----+---~$_59_0-5_0_0~.00__,
S 406,000.00 --S -S 375,000.00 S _-__ s__ _-__ s_ -_s_ -_-S _ -S -S -S _-_ $375 000.00
--_s _ __-_ _s_ -S -S -_s_ -_s ____ -_s_ -_s_ -S -S --_ S -$0.00
S _ S _ -S------S-_ S _ S _ S _ S -S -S -S -SO.DO
,__ __________ Na_med __ P_ro~tJects __ Tota_l:..,...._$ __ 13~·~61_0~8_1_0_.oo ________ s~-----~$_3,841,500.00 $ -$ 2,_!40,000.00 $ -$ 2,650,000.00 $ -_UL 1,1100,000.00_ $ -_.,_!_ 2,125,000.00 $12,856,500.0.Q.
$12 856,.§QQ,QQ ->--Total canvover + Estimate: s 12,066 500_ $3,841,500.00 _ S2,34o,ooo.oo $2,650,000.00 _____ s_1_.0_00_,o_o_o_.oo __ . __ _ $2, 125,000.00
1%1 Named Prolects: 143% 85% 93% 64%
Categorical Projects Total*:
ADA Corrective Measures -Ci!}' Wide s 500,000 .00 ----s 100,000.00 rl s 100,000.00 s 100,000.00 $
Concrete Contract Services -Maintenance Ci!}' Wide s 500,000 .00 s 100,000.00 s 100,000.00 s 100 000.00 $
Pavement Management -Evaluate Pavement Condition Ci!}' Wide s 325 ,000.00 -s 25,000.00 u s 125,000.00 s 25 ,000.00 $
~gnal Contract Services -Maintenance Ci!}' Wide s 3,568,050.00 s 768,050.00 s 700,000.00 s 700 000.00 $
Stri Q)!!g Contract Services -Maintenance Ci!}' Wide --_s _ 750,000.00 s 150,000.00 s 150,000.00 s 150,000.00 s
_s _ -s -~ s -s -s -----$ s s -s -$ --t--~orlcal Projects Total: $ 5,643 050.00 $ 1J43,050 . .Q.O $ t175_._000.00 $ 1,075,000.00 $
1%1 Cateaorlcal Prolects !cannot exceed 50%1: 43% 43% 38%
(*) = Carryover funds may nol be used on Calergorical Projects.
In Accordance with Measure I Strategic Plan Policy 40003:
1. If Measure I allocated to project is 2: $100,000, then list individually in Named Projects section.
2. There is a 50% limit on total categorical projects.
3. There is a 150% constraint on total planned expenditures to Measure I estimated revenue.
4. Expenditures of Measure I Local Street funds must be detailed in the Five Year Capital Improvement Plan and adopted by resolution of the governing body .
5. Revised Capital Improvement Plans are due to SANBAG by the end of the fiscal year along with the resolution .
RESOLUTION NUMBER: 15-166
RESOLUTION APPROVAL DATE: 9/2/2015
CONTACT PERSON & TITLE: Jerry A. Dyer, Principal Civil Engineer
CONTACT PHONE: 909) 477-2740, ext 4037
CONTACT EMAIL: Ja=. Dverlllcitvofrc. us
Revision Date 5129/2013 1 c l 1
69%
100,000.00 $ 100,000.00 $500 000.00
100 ,000 .00 $ 100,000.00 $500000.00
25,000.00 $ 125,000 .00 $325 000.00 -700,000.00 $ 700,000.00 ___ $3 588 050.00
150,000 .00 $ 150,000.00
-$ -
-s -
1,075,000.00 $ 1, 175,0QQ:QQ_,_
36% 38%
Total Programmed: S
Total Carryover Programmed: $
Total Estimated Programmed: $
Check: $
150% of Estimated Measure I plus carryover. S
Does programing amount exceed 150% limit:
$750000.00
$0.00
SO.OD
$5&43,0~
18,499,550.00
18,499,550.00
18,499,550.00
21,478,405.50
No
P28
STAFF REPORT
ENGINEERING SERVICES DEPARTMENT
Date:
To:
From:
By:
Subject:
September 2, 2015
Mayor and Members of the City Council
John R. Gillison, City Manager
Mark A. Steuer, Director of Engineering Services/City Engineer
Romeo M. David, Associate Engineer~
Shelley Hayes, Assistant Engineer 5 .J+
CONSIDERATION TO RELEASE MAINTENANCE GUARANTEE BOND NO . 58712982-M
IN THE AMOUNT OF $39,091.93, FOR THE FISCAL YEAR 2013/2014 LOCAL STREET
PAVEMENT REHABILITATION -OVERLAY OF VARIOUS STREETS PROJECT,
CONTRACT NO. 14-072
RECOMMENDATION
It is recommended that the City Council authorize the City Clerk to release the Maintenance
Guarantee Bond No . 58712982-M in the amount of $39,091 .93, for the Fiscal Year 2013/2014 Local
Street Pavement Rehabilitation -Overlay of Various Streets Project, contract No. 14-072.
BACKGROUND/ANALYSIS
The required one-year maintenance period has ended and the improvements remain free from
defects in materials and workmanship .
Contractor: R.J . Noble Company
P. 0 . Box 620
Orange, CA 92856
Respectfully submitted,
@~
Mark A. Steuer
Director of Engineering Services/City Engineer
MAS/RMD/SH :ls
P29
MAP-1
UPLAND
~ C • t ' i \f1L$111 ' llvt.
1:
'I
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l.~AV[ I
-~T .. IJ
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CITY OF RANCHO CUCAMONGA
l'Y 2013/201-i LOCAL STRBBT PA.VBUBNT RIIIABDJTATION
OVERLAY A.T VARIOUS LOCATIONS
lf.T.&
P30
STAFF REPORT
ENGINEERING SERVICES DEP1\RTMENT
Date: September 2, 2015
To: Mayor and Members of the City Council
John R. Gillison, City Manager
From: Mark A. Steuer, Director of Engineering Services/City Engineer
By: Romeo M. David, Associate Engineer~
Shelley Hayes, Assistant Engineer 5U
RANCHO
CucAMONGA
Subject: CONSIDERATION TO ACCEPT THE FY 2014/2015 LOCAL STREET PAVEMENT
REHABILITATION-SLURRY OF VARIOUS STREETS PROJECT, CONTRACT NO. 15-
056 AS COMPLETE, RELEASE THE BONDS, ACCEPT A MAINTENANCE BOND,
AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION AND
APPROVE THE FINAL CONTRACT AMOUNT OF $376,625.00
RECOMMENDATION
It is recommended that the City Council accept the FY 2014/2015 Local Street Pavement
Rehabilitation -Slurry of Various Streets project, Contract No . 15-056, as complete, authorize the
City Engineer to file a Notice of Completion, release the Faithful Performance Bond, accept a
Maintenance Bond, authorize the release of the Labor and Materials Bond in the amount of
$373,625 .00 six months after the recordation of said notice if no claims have been received and
authorize the release of the retention in the amount of $18,831.25 thirty-five days after acceptance .
Also approve the final contract amount of $376,625 .00 .
BACKGROUND/ANALYSIS
The subject project has been completed in accordance with the approved plans and specifications
and to the satisfaction of the City Engineer.
The FY 2014/2015 Local Street Pavement Rehabilitation -Slurry of Various Streets Project scope of
work consisted of weed killing and removal, crack sealing, slurry sealing and striping. Pertinent
information of the project is as follows:
~ Budgeted Amount:
~ Account Numbers:
~ City Council Approval to Advertise:
~ Publish dates for local paper:
~ Bid Opening:
~ Contract Award Date:
~ Low Bidder:
$959,000 .00
1190303-5650/1022190-0, 1174303-5650/1022174-0
February 4, 2015
February 10 and 17, 2015
February 24, 2015
March 18, 2015
Doug Martin Contracting Co ., Inc.
P31
CITY COUNCIL STAFF REPORT
Re: FY 2014/2015 Local Street Pavement Rehabilitation -Slurry of Various Streets
September 2, 2015
Page 2
);:,, Contract Amount:
);:,, Contingency:
);:,, Final Contract Amount:
);:,, Difference in Contract Amount:
$373,625.00
$37,362.50
$376,625.00
$3,000.00 (0.80%)
The net increase in the total cost of the project is a result of one (1) Contract Change Order. The
notable change significant to the increase of the Contract amount was the extra work to fog seal the
Amethyst Avenue cul-de-sac north of Devon Street.
Respectfully submitted,
Mark A Steuer
Director of Engineering Services/City Engineer
MAS/RMD/SH:ls
Attachment
P32
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CITY OF RANCHO CUCAMONGA
:i:
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FY 2014/2015 LOCAL STREET PAVEMENT REHABilJTATION
SLURRY AT VARIOUS LOCATIONS
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P33
RESOLUTION NO. 15-167
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE FY
2014/2015 LOCAL STREET PAVEMENT REHABILITATION -
SLURRY OF VARIOUS STREETS PROJECT, CONTRACT NO.
15-056, AND AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE WORK
WHEREAS, the FY 2014/2015 Local Street Pavement Rehabilitation -Slurry of
Various Streets Project, Contract No. 15-056, has been completed to the satisfaction of the City
Engineer; and
WHEREAS, a Notice of Completion is required to be filed, certifying the work
complete.
NOW, THEREFORE, the CITY COUNCIL of the City of Rancho Cucamonga
hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and
file a Notice of Completion with the County Recorder of San Bernardino County.
RESOLUTION NO. 15-167 -Page 1 of 1
P34
STAFF REPORT
ENGINEERING SERVI C ES DEPARTMENT
Date: September 2, 2015
To: Mayor and Members of the City Council
John R. Gillison, City Manager
From: Mark A. Steuer, Director of Engineering Services/City Engineer
By: Walt Stickney, Associate Engineer
Subject: CONSIDERATION TO APPROVE THE AWARD AND EXECUTION OF
PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $510,000 TO
JERICHO SYSTEMS INCORPORATED, FOR A NOT TO EXCEED 5-YEAR PHOTO-
TRACKING MONITORING STUDY OF THE WILSON AVENUE WILDLIFE CULVERTS,
TO BE FUNDED FROM FUND 124 -TRANSPORTATION, ACCOUNT NO.
11243035650/1515124-0, AND TO APPROPRIATE $560 ,000 TO ACCOUNT NO.
11243035650/1515124-0 FROM TRANSPORTATION FUND BALANCE (CONTRACT
AWARD PLUS INCIDENTALS)
RECOMMENDATION
It is recommended the City Council approve an award and execution of a Professional Services
Agreement in the amount of $510,000 to Jericho Systems Incorporated, for the Photo-Tracking
Monitoring Study of the Wilson Avenue Wildlife Culverts, to be funded from Fund 124 -
Transportation, Account No . 11243035650/1515124-0, and to appropriate $560,000 to Account No.
11243035650/1515124-0 from Transportation Fund Balance (contract award plus incidentals).
BACKGROUND/ANALYSIS
In order for the City to construct the Wilson Avenue Extension Project from East Avenue to
Wardman/Bullock Road, permits were required to be obtained from various resource agencies . One
such agency, the U.S. Army Corps of Engineers, along with the coordination of United States Fish
and Wildlife Service (USFWS), imposed certain requirements on its 404 Permit. Within the 404
Permit is the Biological Opinion (B .O.) prepared by the USFWS which, among other items, imposed
mitigation measures for the street project 's impact on the critical habitat of the San Bernardino
Kangaroo Rat (SBKR). One such mitigation measure is the construction of two wildlife crossings
under the roadway. This measure was accomplished with the construction of the street
improvements. A second measure is the funding, development, and implementation of a 5-year
Photo-Tracking Monitoring Strategy . This monitoring strategy will study the small mammal usage of
the two wildlife crossings.
Jericho Systems Inc., an experienced firm in environmental services, including work related to
endangered species, habitat assessments, and mitigation plans, has responded to the City's Request
for Proposal. Jericho Systems is considered to be the best qualified firm by the City due to the firm's
work on securing the necessary permits for the Wilson Avenue Extension project. Jericho Systems
was retained by the City during the design process to coordinate the permit application with USFWS,
the biological opinion and approval. As such, Jericho Systems is fully familiar with the project and
P35
CITY COUNCIL STAFF REPORT
Re: Jericho Systems -Professional Services Agreement
September 2, 2015
Page 2
the requirements imposed by the various resource agencies, including the USFWS as well as the
California Department of Fish and Wildlife. Jericho Systems has teamed up with the San Diego Zoo
and the experienced staff the zoo has to offer. This provides a team which the USFWS is familiar
with, and will provide a monitoring program which will be acceptable to the USFWS toward meeting
the mitigation requirements imposed on the project. Staff has determined this to be a single source
transaction between the City and Jericho Systems which is the best qualified consultant.
Because the monitoring of small mammal usage of culverts has never been perform to this extent ,
the consultant will prepare a program outlining the monitoring steps to take as well as the goals to
achieve. The USFWS has stated the monitoring is to begin with the automatic photography (using
motion sensors) of small mammal usage of the culverts. This is a specific requirement by the USFWS
as outlined in the B.O. Should the photography prove successful and meet the goals of the program ,
the USFWS has stated the extent of the project could be reduced from the 5-year period as specified
in the 8.0. Should the photography prove not successful, then other measures could be required ,
such as trapping or other tasks as outlined in the consultant's program .
The award of this contract is to cover the total costs of a 5-year program. The USFWS requires the
City encumber the funds for the entire 5 year period. As stated above, should the monitoring show
success prior to the 5-year period, the project could be terminated earlier than the 5 years . This
agreement does not obligate the City to expend the entire contract should the project terminate early ,
and the maximum required term of the project is 5 years.
The action before the City Council on this item is to approve an award, execute a Professional
Services Agreement with Jericho Systems Inc., and to appropriate a total of $560,000. $510 ,000 of
the appropriation will fund the monitoring program for the 5 years, and an additional appropriation of
$50,000 will fund potential incidental costs which could be incurred related to Wilson Avenue and/or
the monitoring program.
Respectfully submitted,
MAS/WS:ls
Attachments : Vicinity Map
Agreement for Execution
P36
,-"\
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Photo-Tracking Monitoring Study
Wilson Ave. Extension
Vicinity Map
Photo-Tracking Monitoring Study
Wilson Ave. Extension
P37
STAFF REPORT
ENGINEERING SERVICES DEPARTMENT
Date: September 2, 2015
To: Mayor and Members of the City Council
John R. Gillison, City Manager
From: Mark A. Steuer, Director of Engineering Services/City Engineer
By: Carlo Cambare, Engineering Technician
Subject: CONSIDERATION OF APPROVAL TO ACCEPT IMPROVEMENTS, RELEASE THE
FAITHFUL PERFORMANCE BOND, ACCEPT A MAINTENANCE BOND AND FILE A NOTICE
OF COMPLETION FOR IMPROVEMENTS FOR TR 18819 LOCATED AT THE SOUTH WEST
CORNER OF ETIWANDA AVENUE AND VICTORIA STREET, SUBMITTED BY ETIWANDA
CLASSICS, LLC
RECOMMENDATION
The required improvements for Tract 18819 have been completed in an acceptable manner, and it is
recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice
of Completion accept a Maintenance Bond.
BACKGROUND/ANALYSIS
As a condition of approval of completion of Tract 18819, located at the south west corner of Etiwanda
Avenue and Victoria Street, the applicant was required to install related public improvements. All public
improvements required of this development have been completed to the standards of the City. The public
improvements will be re-inspected in approximately nine months prior to release of the maintenance bond.
Developer: Etiwanda Classics, LLC.
20151 SW Birch Street #150 Newport Beach, CA 92660
Release: Faithful Performance Bond #PB006181 00009 $299, 600
(Bond No.)
Accept: Maintenance Bond # PB00618100009A $ 29,960
(Bond No.)
Res@~
Mark A. Steuer
Director of Engineering Services/City Engineer
MAS:CC/rlf
Attachments
P38
SITE
VICINITY MAP
TR 18819
~ w .. --TR 18819
, SAOOLERIOGE OR. ~ 1 : ~
I
BASE LINE
VICINITY MAP
N.T.S.
BASE LINE RD
P39
RESOLUTION NO. 15-168
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE
PUBLIC IMPROVEMENTS FOR TRACT 18819 AND
AUTHORIZING THE FILING OF A NOTICE OF COMPLETION
FOR THE WORK
WHEREAS, the construction of public street improvements for TRACT 18819 have
been completed to the satisfaction of the City Engineer; and
WHEREAS, a Notice of Completion is required to be filed, certifying the work is
complete.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby
resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a
Notice of Completion with the County Recorder of San Bernardino County.
P40
STAFF REPORT
ADMINISTRATIVE SERVICES GROUP
Date:
To:
From:
By:
September 2, 2015
Mayor and Members of the City Council
John R. Gillison, City Manager
Lori Sassoon, Deputy City Manager/Administrative Services \t
Robert Neiuber, Human Resources Director fUJ
Tamara Layne, Finance Director ~
RANCHO
CucAMONGA
Subject: CONSIDERATION TO APPROVE A RESOLUTION UPDATING THE RANCHO
CUCAMONGA CITY EMPLOYEES ASSOCIATION SALARY SCHEDULE FOR FISCAL
YEAR 2015-16, REFLECTING AN AMENDED ACCOUNTING MANAGER
CLASSIFICATION
RECOMMENDATION
It is recommended that the City Council of the City of Rancho Cucamonga adopt the attached
resolution approving the updated Rancho Cucamonga City Employees Association salary schedule
for Fiscal Year 2015-16, reflecting an amended Accounting Manager Classification.
BACKGROUND
The City recently conducted a recruitment for the position of Accounting Manager. About 50
applicants applied. The City invited eight qualified applicants to interview, two applicants were hired
by other agencies prior to the interview, three did not pass the interview process, one failed to show
and only two applicants made the eligibility list. In accordance with the City's Personnel Rules, the
Department Head requested a new eligibility list as there were fewer than three names on the list
from which to choose and none of the names were ranked in the B Band or higher.
Reviewing the recruitment process and the current job market and discussions with existing
professionals in the field, has resulted in several recommendations designed to improve the
opportunity for success in the next recruitment. The City has reassessed the title of the position, the
areas of responsibility assigned to the position, its current salary range, and our recruitment plan in
order to attract qualified applicants. The responsibilities of the position were significantly increased
including allowing for the supervision of additional Finance functions. For these reasons staff is
recommending the following: Change the title of Accounting Manager position to Finance Manager,
and make an 18% adjustment to the Finance Manager merit based salary range so that it is
comparable to the average maximum salary of similar positions in comparable agencies. The
adjustment to the salary range can be absorbed through current year salary savings. Filling this
position is essential to providing appropriate oversight of our financial functions.
Attachment
1. Resolution 15-171
2. Salary Schedule for Rancho Cucamonga City Employees Association Covered Job
Classifications
P41
RESOLUTION NO. 15-171
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE CITY
EMPLOYEES ASSOCIATION SALARY SCHEDULE FOR FISCAL
YEAR 2015-16, REFLECTING AN AMENDED ACCOUNTING
MANAGER CLASSIFICATION.
WHEREAS, the City Council of the City of Rancho Cucamonga has determined that it is
necessary for the efficient operation and management of the City that policies be established
prescribing salary ranges, benefits and holidays and other policies for employees of the City of
Rancho Cucamonga; and
WHEREAS, the City Council of the City of Rancho Cucamonga has previously adopted
salary resolutions establishing salary ranges, benefits and other terms of employment for
employees of the City of Rancho Cucamonga; and
WHEREAS, the City Council of the City of Rancho Cucamonga recognizes that it is
necessary from time to time to amend the salary resolution to accommodate changes in position
titles, classifications salary ranges, benefits and other terms of employment; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho
Cucamonga, California to approve the Rancho Cucamonga City Employees Association salary
schedule (Attachments 1) reflecting the removal of the Accounting Manager position and the
addition of the Finance Manager position reflecting its new duties and salary range.
PASSED, APPROVED, AND ADOPTED this __ day of ____ , 2015.
AYES:
NOES:
ABSENT:
ABSTAINED:
L. Dennis Michael, Mayor
ATTEST:
Janice Reynolds, City Clerk
I, Janice Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the
foregoing Resolution was duly passed, approved and adopted by the City Council of the City of
Rancho Cucamonga, at a Meeting of said Council on the day of , 2015.
P42
Executed this ___ day of _____ , 2015 at Rancho Cucamonga, California.
Janice Reynolds, City Clerk
P43
Resolution No. 15-171
RCCEA COVERED EMPLOYEES IN THE
MID MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS
ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES
Monthly Pay Ranges Effective September 3, 2015
Minimum Control Point Maximum
Class Title Step Amount Step Amount Step Amount
Account Clerk 4375 $2,850 4415 $3,480 4430 $3,750
Account Technician 4423 $3,621 4463 $4,421 4478 $4,765
Accountant# 3465 $4,462 3505 $5,448 3520 $5,870
Administrative Secretary 1 4424 $3,640 4464 $4,443 4479 $4,788
Administrative Technician 4437 $3,883 4477 $4,741 4492 $5,109
Animal Care Attendant 4349 $2,504 4389 $3,057 4404 $3,294
Animal Caretaker 4378 $2,893 4418 $3,532 4433 $3,807
Animal Care Supervisor# 3416 $3,495 3456 $4,267 3471 $4,597
Animal Center Manager* 2506 $5,475 2546 $6,684 2561 $7,203
Animal Handler 4388 $3,041 4428 $3 ,713 4443 $4,001
Animal License Canvasser 4349 $2,504 4389 $3,057 4404 $3,294
Animal Services Dispatcher 4369 $2,766 4409 $3,377 4424 $3,640
Animal Services Officer I 4421 $3,586 4461 $4,377 4476 $4,717
Animal Services Officer II 4441 $3,962 4481 $4,836 4496 $5,212
Assistant City Clerk # 3480 $4,809 3520 $5,871 3535 $6,326
Assistant City Engineer* 2590 $8,324 2630 $10, 162 2645 $10,951
Assistant Engineer# 3488 $5,005 3528 $6, 110 3543 $6,583
Assistant Library Director* 2572 $7,610 2612 $9,290 2627 $10,011
Assistant Planner# 3468 $4,530 3508 $5,530 3523 $5,958
Assistant to the City Manager* 2548 $6,751 2588 $8,242 2603 $8,882
Associate Engineer# 3518 $5,813 3558 $7,096 3573 $7,646
Associate Planner# 3487 $4,980 3527 $6,079 3542 $6,551
Box Office Coordinator 4450 $4, 143 4490 $5,058 4505 $5,451
Budget Analyst# 3498 $5 ,261 3538 $6,422 3553 $6,920
BuildinQ Inspection Supervisor#2 3504 $5,421 3544 $6,617 3559 $7,130
Building lnspector2 4464 $4,443 4504 $5,424 4519 $5,846
Building Safety Manager* 2533 $6,264 2573 $7,648 2588 $8,241
Business License Clerk 4378 $2,893 4418 $3,532 4433 $3,807
Business License Inspector 4418 $3,532 4458 $4,312 4473 $4,647
Business License Program Coordinator# 3432 $3,785 3472 $4,621 3487 $4,979
Business License Technician 4408 $3,360 4448 $4,102 4463 $4,421
Buyer I 4411 $3,411 4451 $4,164 4466 $4,488
Buyer II# 3433 $3,804 3473 $4,644 3488 $5,004
Rancho Cucamonga City Employees Association September 3, 2015
P44
Resolution No. 15-171
RCCEA COVERED EMPLOYEES IN THE
MID MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS
ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES
Monthly Pay Ranges Effective September 3, 2015
Minimum Control Point Maximum
Community Improvement Officer I 4421 $3,586 4461 $4,377 4476 $4,717
Community Improvement Officer II 4441 $3,962 4481 $4,836 4496 $5,212
Community Improvement Supervisor#2 3481 $4,833 3521 $5,900 3536 $6,358
Community Improvement Manager* 2533 $6,264 2573 $7,648 2588 $8,241
Communications Manager* 2565 $7,348 2605 $8,971 2620 $9,667
Community Programs Coordinator 4450 $4, 143 4490 $5,058 4505 $5,451
Community Programs Specialist 4437 $3,883 4477 $4,741 4492 $5, 109
Community Services Coordinator 4450 $4, 143 4490 $5,058 4505 $5,451
Community Services Marketing Coord 4450 $4, 143 4490 $5,058 4505 $5,451
Community Services Project Coordinator# 3500 $5,313 3540 $6,487 3555 $6,989
Community Services Specialist 4350 $2,516 4390 $3,072 4405 $3,311
Community Services Superintendent* 2536 $6,359 2576 $7,763 2591 $8,366
Community Services Supervisor# 3480 $4,809 3520 $5,871 3535 $6,326
Community Services Technician 4437 $3,883 4477 $4,741 4492 $5, 109
Community Services Manager* 2506 $5,475 2546 $6,684 2561 $7,203
Community Svc Marketing Manager* 2536 $6,359 2576 $7,763 2591 $8,366
Cultural Arts Manager* 2506 $5,475 2546 $6,684 2561 $7,203
Deputy City Clerk# 3430 $3,748 3470 $4,575 3485 $4,930
Deputy Dir . of Innovation and Technology 2558 $7,096 2598 $8,663 2613 $9,336
Engineering Aide 4421 $3,585 4461 $4,377 4476 $4,717
Engineering Technician 4441 $3,962 4481 $4,836 4496 $5,212
Environmental Programs Coordinator# 3503 $5,394 3543 $6,584 3558 $7,095
Environmental Proarams lnspector2 4464 $4,443 4504 $5,424 4519 $5,846
Environmental Programs Manager* 2539 $6,455 2579 $7,880 2594 $8,492
Executive Assistant* 2460 $4,353 2500 $5,314 2515 $5,726
Facilities Superintendent* 2536 $6,359 2576 $7,763 2591 $8,366
Finance Manager* 2559 $7, 131 2599 $8 ,706 2614 $9,382
Fleet Supervisor#2 3488 $5,005 3528 $6, 110 3543 $6,583
Fund Development Coordinator# 3470 $4,574 3510 $5,584 3525 $6,018
GIS Analyst 4456 $4,062 4496 $5,212 4511 $5,617
GIS Technician 4436 $3,864 4476 $4,717 4491 $5,084
GIS/Special District Manager* 2538 $6,423 2578 $7,841 2593 $8,449
GIS Supervisor# 3520 $5,870 3565 $7,347 3580 $7,918
Human Resources Clerk 4389 $3,057 4429 $3,732 4444 $4,021
Rancho Cucamonga City Employees Association September 3, 2015
P45
Resolution No. 15-171
RCCEA COVERED EMPLOYEES IN THE
MID MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS
ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES
Monthly Pay Ranges Effective September 3, 2015
Minimum Control Point Maximum
Human Resources Manager* 2583 $8,039 2623 $9,814 2638 $10,575
Human Resources Technician 4399 $3,213 4439 $3,922 4454 $4,227
Information Services Analyst I# 3505 $5,448 3545 $6,650 3560 $7,166
Information Services Analyst II# 3520 $5,871 3560 $7, 167 3575 $7,723
Information Services Manager* 2584 $8,079 2624 $9,863 2639 $10,628
Information Services Projects Coard.# 3508 $5,530 3548 $6,751 3563 $7,274
Information Services Specialist I 4456 $4,269 4496 $5,212 4511 $5,617
Information Services Specialist II 4471 $4,601 4511 $5,617 4526 $6,053
Information Services Technician 4411 $3,411 4451 $4, 164 4466 $4,488
Librarian I# 3435 $3,842 3475 $4,691 3490 $5,054
Librarian 11# 3457 $4,288 3497 $5,235 3512 $5,640
Library Assistant I# 3373 $2,820 3413 $3,443 3428 $3,710
Library Assistant 11# 3414 $3,460 3454 $4,224 3469 $4,552
Library Clerk 4356 $2,593 4396 $3, 165 4411 $3,411
Library Page 4244 $1,483 4284 $1,810 4299 $1,951
Library Page 11 4293 $1,894 4333 $2,312 4348 $2,491
Library Services Manager* 2506 $5,475 2546 $6,684 2561 $7,203
Library Technician 4393 $3, 116 4433 $3,804 4448 $4,103
Maintenance Supervisor#2 3488 $5,005 3528 $6,110 3543 $6,583
Management Aide 4440 $3,942 4480 $4,812 4495 $5, 186
Management Analyst I# 3470 $4,574 3510 $5,584 3525 $6,018
Management Analyst 11# 3498 $5,261 3538 $6,422 3553 $6,920
Management Analyst 111# 3515 $5,726 3555 $6,991 3570 $7,532
Office Services Clerk 4369 $2,766 4409 $3,377 4424 $3,640
Office Specialist I 4349 $2,504 4389 $3,057 4404 $3,294
Office Specialist II 4369 $2,766 4409 $3,377 4424 $3,640
Park/Landscape Maintenance Supt*2 2536 $6,359 2576 $7,763 2591 $8,366
Payroll Supervisor# 3470 $4,575 3510 $5,585 3525 $6,018
Plan Check & Inspection Manager* 2533 $6,264 2573 $7,648 2588 $8,241
Planning Commission Secretary# 3444 $4,019 3484 $4,906 3499 $5,286
Planning Manager* 2583 $8,039 2623 $9,814 2638 $10,575
Planning Specialist 4443 $4,001 4483 $4,885 4498 $5,264
Planning Technician 4423 $3,621 4463 $4,421 4478 $4,765
Plans Examiner# 3482 $4,857 3522 $5,930 3537 $6,389
Rancho Cucamonga City Employees Association September 3, 2015
P46
Resolution No. 15-171
RCCEA COVERED EMPLOYEES IN THE
MID MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS
ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES
Monthly Pay Ranges Effective September 3, 2015
Minimum Control Point Maximum
Principal Librarian* 2495 $5, 183 2535 $6,327 2550 $6,818
Principal Management Analyst* 2543 $6,585 2583 $8,039 2598 $8,663
Principal Engineer* 2567 $7,422 2607 $9,061 2622 $9,764
Principal Planner* 2537 $6,391 2577 $7,802 2592 $8,407
Public Services Technician I 4413 $3,445 4453 $4,206 4468 $4,533
Public Services Technician II 4423 $3,621 4463 $4,421 4478 $4,765
Public Services Technician Ill 4443 $4,001 4483 $4,885 4498 $5,264
Public Works Inspector 12 4444 $4,021 4484 $4,909 4499 $5,291
Public Works Inspector 11 2 4464 $4,443 4504 $5,424 4519 $5,846
Public Works Maintenance Manager* 2566 $7,385 2606 $9,016 2621 $9,716
Public Works Safety Coordinator #2 3468 $4,530 3508 $5,530 3523 $5,958
Purchasing Clerk 4374 $2,836 4414 $3,462 4429 $3,732
Purchasing Manager* 2530 $6, 171 2570 $7,534 2585 $8, 119
Records Clerk 4358 $2,619 4398 $3, 197 4413 $3,445
Records Coordinator 4386 $3,011 4426 $3,676 4441 $3,962
Risk Management Coordinator# 3470 $4,575 3510 $5,585 3525 $6,018
Secretary 1 4394 $3, 134 4434 $3,826 4449 $4, 123
Senior Account Clerk 4395 $3, 149 4435 $3,845 4450 $4,144
Senior Account Technician 4446 $4,062 4486 $4,958 4501 $5,344
Senior Accountant# 3498 $5,261 3538 $6,422 3553 $6,920
Senior Administrative Secretary 1 4444 $4,021 4484 $4,909 4499 $5,291
Senior Animal Services Officer# 3461 $4,374 3501 $5,340 3516 $5,754
Senior Building lnspector#2 3484 $4,906 3524 $5,989 3539 $6,453
Senior Buyer# 3463 $4,418 3503 $5,394 3518 $5,812
Senior Civil Engineer* 2547 $6,717 2587 $8,201 2602 $8,837
Senior Community Improvement Officer# 3461 $4,374 3501 $5,340 3516 $5,754
Senior Electrician # 3485 $4,930 3525 $6,019 3540 $6,486
Senior GIS Analyst# 3484 $4,906 3524 $5,989 3539 $6,453
Senior GIS Technician 4456 $4,270 4496 $5,212 4511 $5,617
Senior Information Services Analyst# 3535 $6,327 3575 $7,724 3590 $8,323
Senior Information Services Specialist 4493 $5, 135 4533 $6,268 4548 $6,755
Senior Librarian# 3468 $4,530 3508 $5,530 3523 $5,958
Senior Park Planner# 3500 $5,313 3540 $6,487 3555 $6,989
Senior Planner* 2517 $5,784 2557 $7,061 2572 $7,609
Rancho Cucamonga City Employees Association September 3 , 2015
P47
Resolution No. 15-171
RCCEA COVERED EMPLOYEES IN THE
MID MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS
ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES
Monthly Pay Ranges Effective September 3, 2015
Minimum Control Point Maximum
Senior Plans Examiner# 3497 $5,235 3537 $6,390 3552 $6,886
Senior Risk Management Analyst# 3515 $5,725 3555 $6,989 3570 $7,532
Senior Special Districts Technician 4443 $4,001 4483 $4,885 4498 $5,264
Special Districts Analyst# 3498 $5,261 3538 $6,422 3553 $6,920
Special Districts Technician 4437 $3,883 4477 $4,741 4492 $5,109
Street/Storm Drain Maintenance Supt*2 2536 $6,359 2576 $7,763 2591 $8,366
Supervising Public Works lnspector#2 3494 $5 , 157 3534 $6,295 3549 $6,783
Theater Production Coordinator 4460 $4,355 4500 $5,317 4515 $5,730
Theater Production Supervisor# 3480 $4,809 3520 $5 ,871 3535 $6,326
Theatre Technician Ill 4423 $3,621 4463 $4,421 4478 $4,765
Traffic Engineer* 2569 $7,496 2609 $9, 152 2624 $9,862
Utilities Division Manager* 2584 $8,079 2624 $9,863 2639 $10,628
Utility Operations Manager* 2524 $5,989 2564 $7,312 2579 $7,880
Veterinarian* 2579 $7,880 2619 $9,620 2634 $10,367
Veterinary Assistant 4407 $3,344 4447 $4,082 4462 $4,399
Veterinary Technician 4437 $3,883 4477 $4,741 4492 $5,109
1 When acting as Clerk to Commissions $50 paid per night or weekend day meeting . Compensatory time off can be substituted in
lieu of $50 at the option of the employee.
2 Refer to MOU for provision of boot allowance .
# Denotes Supervisory/Professional Class
* Denotes Management Class
Rancho Cucamonga City Employees Association September 3, 2015
P48
•
STAFF REPORT
BUILDING AND S .-\FE1Y DEP.-\RThlENT
Date: September 2, 2015
To: Mayor and Members of the City Council
John R. Gillison, City Manager
From: Trang Huynh , Building & Safety Services Directo(f !
By: Mike Frasure, Building Inspection Supervisor
Deborah Allen, Management Aide -Sustainability
Subject: CONSIDERATION OF ADOPTING AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING EXPEDITIED,
STREAMLINED PERMITTING PROCESS FOR SMALL RESIDENTIAL ROOFTOP
SOLAR SYSTEMS, AND AMENDING TITLE 15 OF THE RANCHO CUCAMONGA
MUNICIPAL CODE.
RECOMMENDATION:
It is recommended that the City Council hold the second reading of Ordinance No. 878 for the
adoption of the Ordinance establishing expedited, streamlined permitting process for small
residential rooftop solar systems and amending Title 15 of the Rancho Cucamonga Municipal Code.
BACKGROUND:
Governor Brown signed AB 2188 last year requiring all jurisdictions in California to adopt an
ordinance to ensure the expedited and standardized permitting processes for small residential
rooftop solar systems of 10 KW or less.
Section 65850.5(a) of the California Government Code provides that it is the policy of the State to
promote and encourage the installation and use of solar energy systems by limiting obstacles to
their use and by minimizing the permitting costs of such systems. In furtherance of that objective,
Section 65850.5(g)(1) of the California Government Code requires that, on or before September 30,
2015, every city and county must adopt an ordinance that creates an expedited, streamlined
permitting process for small residential rooftop solar energy systems.
The main requirements of this streamlined permitting process are involved with information for
standard plans, required checklists, electronic plans submittals, and plan review time and inspection
procedures.
In 2013, the Rancho Cucamonga Building and Safety Department implemented Solar RC, a
streamlined and expedited permitting process before the recent State's mandate. The Solar RC
initiative is part of the larger Healthy RC program which strives toward a greener, cleaner
Rancho Cucamonga by adopting policies and implementing programs and strategies that
advance environmental sustainability in the community and in City operations. The Solar RC
permitting process was developed with checklists to show certain key technical information and the
inspection hand-outs, which the homeowners or contractors just simply complete them at the
counter. In 2014, with the implementation of Accela permit software, applicants started to submit
P49
..
CONSIDERATION OF ADOPTING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING EXPEDITIED, STREAMLINED
PERMITTING PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS, AND
AMENDING TITLE 15 OF THE RANCHO CUCAMONGA MUNICICIP AL CODE
SEPTE MB ER 2, 2015
P A G E 2
solar plans and applications electronically. The improvements resulted in drastically reduced time
frames for processing solar permits and doing inspections. Prior to the implementation of Solar RC .
it took the City on average seven days to process a permit for solar installation. Currently, the
average time frame is two days for a more complicated project but many residential solar permits
receiving instant "over-the-counter" approval for the projects of 10 KW or less. In addition, the solar
permitting fee was drastically reduced to about $199, which is half the average solar permit fee
compared to other Southern California municipalities.
The Solar RC program was the recipient of the "Red Tape to Red Carpet Award" from the Inland
Empire Economic Partnership in early 2014. The Department continues to experience a significant
increase in the amount of solar permits during the last few years. In 2014, 959 homes installed
solar panels versus 670 solar installations in 2013, a 69% increase.
ANALYSIS:
The City has already expedited the review of the small residential solar applications by reviewing
and issuing permits over the counter or accepting plans through the electronic submittal via Accela
permit software. The next day inspection service is better than the State's requirements of 1 to 3
days for inspection requests. Overall, the Building and Safety Department has complied with the
proposed ordinance's requirements for the plan check and inspection better than the mandates
from the State. The required checklist for the plan check process will be posted on the website .
The attached ordinance is intended, in a formal way, to satisfy the requirements from the State
officially. The ordinance codifies the requirements of Section 65850.5(g)(1), such as accepting and
approving applications electronically, directing the City Building & Safety Services Director to
develop a checklist of all requirements with which small rooftop solar energy systems shall comply
to be eligible for expedited review, and authorizing the Building & Safety Services Director to
administratively approve such applications. There is no anticipated fiscal impact as the costs would
be recovered through existing building permit fees.
Trang uynh, P.E.
Building & Safety Services Director
Attachment:
Ordinance No. 878
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ORDINANCE NO. 878
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, ESTABLISHING AN EXPEDITED, STREAMLINED PERMITTING PROCESS
FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS, AND AMENDING TITLE 15 OF
THE RANCHO CUCAMONGA MUNICIPAL CODE.
WHEREAS, the City Council of the City of Rancho Cucamonga seeks to implement AB
2188 (Chapter 521, Statutes 2014) through the creation of an expedited, streamlined permitting
process for small residential rooftop solar energy systems; and
WHEREAS, the City Council seeks to further the conservation goals of the City and
support the climate action policies set by the State; and
WHEREAS, it is in the best interest of the health, welfare and safety of the people of
Rancho Cucamonga to provide an expedited permitting process for the deployment of solar
energy systems and technology.
NOW THEREFORE, the City Council of the City of Rancho Cucamonga does ordain as
follows:
Section 1. A new Chapter 15.36 is hereby added to Title 15 of the City of Rancho
Cucamonga Municipal Code to read as follows:
"CHAPTER 15.36. EXPEDITED PERMITTING OF SMALL RESIDENTIAL ROOFTOP
SOLAR ENERGY SYSTEMS
Sec. 15.36.010. Small residential rooftop solar energy system defined. 'Small residential
rooftop solar energy system' means all of the following:
A. A solar energy system that is no larger than 1 O kilowatts alternating current nameplate
rating or 30 kilowatts thermal; and
B. A solar energy system that conforms to all applicable state fire, structural, electrical, and
other building codes as adopted or amended by the City, and paragraph (3) of subdivision (c)
of Section 714 of the Civil Code; and
C. A solar energy system that is installed on a single or duplex family dwelling; and
D. A solar panel or module array that does not exceed the maximum legal building height as
defined or prescribed in this Code.
E. For purposes of this Section 15.36.01 O, the term 'solar energy system' has the same
meaning as set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil
Code, as such section or subdivision may be amended, renumbered, or redesignated from time
to time.
Sec. 15.36.020. Small residential rooftop solar energy system standard plans and permit
application checklist.
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Ordinance No.
Page 2
A. The City shall adopt standard plan(s) and a checklist of all requirements with which small
residential rooftop solar energy systems shall comply to be eligible for expedited review. The
small residential rooftop solar system standard plan(s) and checklist shall substantially conform
to recommendations for expedited permitting, including the checklist and standard plans,
contained in the most current version of the California Solar Permitting Guidebook adopted by
the Governor's Office of Planning and Research.
B. All documents required for the submission of a small residential rooftop solar energy system
permit application, the standard plan(s) and, and checklist shall be made available on the public
accessible City website.
C. Electronic submittal of the required permit application and documents by the Internet shall
be available to all small rooftop solar energy system permit applicants. An applicant's electronic
signature shall be accepted on all forms, applications, and other documents in lieu of a wet
signature.
Sec. 15.36.030. Permit application review.
A. An application that satisfies the information in the checklist and standard plan(s) shall be
deemed complete.
B. If an application is deemed incomplete, a list of deficiencies will be provided verbally or in
written form. A written correction notice detailing all deficiencies in the application and any
additional information or documentation required to be eligible for expedited permit issuance shall
be sent to the applicant for resubmission.
C. Upon confirmation by the Building Official that the application and supporting documents
are complete and meet the requirements of the checklist, this Chapter, and local, state, and
federal health and safety requirements, the Building Official shall issue any required permit and
authorization to install the small rooftop, solar energy system.
D. The Building Official shall issue the permit and any required authorization as follows: (i) the
same day of receipt of an over-the-counter or within one to three (1-3) business days of receipt
of a complete application.
E. Any condition imposed on an application shall be designed to mitigate a specific, adverse
impact upon health and safety, at the lowest possible cost.
Sec. 15.36.040 Inspection requirements.
A. Inspection requests may be submitted by the Internet.
B. Only one inspection shall be required for small residential rooftop solar energy systems
eligible for expedited review.
C. The inspection shall be done in a timely manner. The Building Official shall strive to
schedule an inspection to occur within two (2) business days.
D. If a small residential rooftop solar energy system fails inspection, a subsequent inspection
is authorized but need not conform to the requirements of this Section.
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Ordinance No.
Page 3
Section 2: As required by Rancho Cucamonga Municipal Code Section 15.36.020. A, enacted
by this Ordinance, the City hereby adopts the standard plan(s) and checklist with which
compliance is required for expedited permitting of small residential rooftop solar energy systems,
which standard plans and checklist are on file in the office of the Building and Safety Department.
The Building Official may amend and update the standard plan(s) and checklist as needed for
consistency with state law or to protect public health and safety.
Section 3: CEQA. The City Council finds that the adoption of this Ordinance is exempt from the
California Environmental Quality Act (CEQA) pursuant to the General Rule (14 C.C.R. Section
15061 (b)(3)) because the project involves updates and revisions to existing administrative
building permit regulations consistent with California law, specifically Government Code section
65850.5 and Civil Code section 714. It can be seen with certainty that the Municipal Code text
amendments adopted herein will have no significant negative effect on the environment.
Additionally, the adoption of this Ordinance is categorically exempt from further environmental
review as a regulatory action taken to protect natural resources and the environment in support
of state and local climate action goals pursuant to CEQA Guidelines, 14 C.C.R., Sections 15307
and 15308.
Section 4: Statutory Construction and Severability. If any section, subsection, subdivision,
paragraph, sentence, clauses or phrases of this Ordinance or its application to any person or
circumstance is for any reason held to be invalid or unenforceable by a court of competent
jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the
remaining section, subsection, subdivision, paragraph, sentence, clauses or phrases hereof,
irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases herein be declared invalid or unenforceable.
Section 5: The City Clerk shall certify to the adoption of this Ordinance.
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0
AGREEMENT FOR DESIGN, INSTALLATION AND COMMISSIONING
OF SOLAR/PHOTOVOLTAIC PROJECT
This Agreement for Design, Installation and Commissioning of Solar/Photovoltaic System (“Agreement”) is made as of
August ____, 2015 between the City of Rancho Cucamonga, a municipal corporation (“City”) and SolarCity Corporation a
Delaware Corporation (“Design-Builder”) (together, “Parties”). The solar/photovoltaic systems to be procured pursuant to this
Agreement are sometimes collectively referred to herein as the “Project.” The Project consists of four discrete solar
photovoltaic “Systems,” at four discrete City locations.
A. Through this Agreement, City intends to procure engineering, system design, fabrication, and related services
necessary to construct and install photovoltaic solar systems that will result in energy savings to City and which shall be a supply
of energy to City.
B. The Design-Builder shall engineer, design, and construct the Project pursuant to this Agreement and all
specifications and requirements incorporated herein.
In consideration of the covenants and conditions contained in this Agreement, the parties agree as follows:
1. Services. Design-Builder shall furnish to City all labor, equipment, material, and services set forth in this Agreement and
as otherwise required to complete all design, engineering, construction, testing and interconnection of the Systems,
along with all related appurtenances, fixtures, and furnishings, as described in Attachment A-1 “Site Information” and
Attachment A-2 “Design Specifications,” attached hereto and incorporated herein by this reference (collectively,
“Services” or “Work”). All work shall be performed in a good and workmanlike manner, free from material defects, and
free from any and all material liens, stop notices and claims from mechanics, material suppliers, subcontractors, artisans,
machinists, teamsters, freight carriers, and laborers (except such as may arise from City’s wrongful failure to pay). The
Systems shall be constructed and installed at Two sites within the City of Rancho Cucamonga as set forth in the Site
Information and Design Specifications (collectively and individually, “Site” or “Sites” herein.)
2. Completion Date. Design-Builder shall commence providing the Services upon being provided not later than August 24,
2015 with a written “Notice to Proceed” by City, and will diligently perform such Services and Work as described herein
and as otherwise required to achieve Substantial Completion of the Systems (as defined below) on or before February 24,
2016, (the “Guaranteed Substantial Completion Date”) and Final Completion of the Systems (as defined below) on or
before April 6, 2016 (the “Scheduled Final Completion Date”). All milestones assume single move-in and mobilization. If
the City requires phasing, the Parties will cooperate to equitably adjust the milestones. The Guaranteed Substantial
Completion Date and the Scheduled Final Completion Date shall each be extended on a day for day basis due to (i) any
Force Majeure Event, (ii) action or delay in the Services or Work that results directly from any action or omission of City.
2.1. Force Majeure. If Design-Builder is unable to perform all or some of its obligations under this Agreement because
of a Force Majeure Event affecting Design-Builder or a third party, Design-Builder will be excused from whatever
performance is affected by the Force Majeure Event; provided that (i) Design-Builder, as soon as is reasonably
practical, gives Customer notice describing the Force Majeure Event; and (ii) Design-Builder’s suspension of its
obligations is of no greater scope and of no longer duration than is required by the Force Majeure Event. “Force
Majeure Event” means any event, condition or circumstance beyond the control of and not caused by Design-
Builder’s fault or negligence. It shall include, without limitation, failure or interruption of the production, delivery
or acceptance of electricity due to: an act of god; war (declared or undeclared); sabotage; riot; insurrection; civil
unrest or disturbance; military or guerilla action; terrorism; economic sanction or embargo; civil strike, work
stoppage, slow-down, or lock-out; explosion; fire; earthquake; volcanic eruption, abnormal weather condition or
actions of the elements; hurricane; flood; lightning; wind; the binding order of any governmental authority
(provided that such order has been resisted in good faith by all reasonable legal means); the failure to act on the
part of any governmental authority (provided that such action has been timely requested and diligently pursued);
unavailability of electricity from the utility grid, equipment, supplies or products; failure of equipment not utilized
by Design-Builder or under its control. Design-Builder shall not be required to incur costs to mitigate a Force
Majeure Event.
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2.2. Substantial Completion. Substantial Completion means that each of the following has been achieved in
accordance with the requirements of this Agreement and each of the documents described in Section 5 below:
2.2.1. Mechanical Completion- defined as the point at which all work of every kind necessary to make the
System usable for its intended function is actually complete and any and all fire/life safety systems are
completely installed and fully operational;
2.2.2. Transmission Capability- defined as the point at which all of the electrical systems and all other
infrastructure necessary to achieve interconnection of the System with City’s facilities and the public
electrical utility’s electricity transmission system, as applicable, are fully energized and functioning
properly, including, without limitation, accurate functioning of all related electricity meters; and
2.2.3. Design-Builder has performed the appropriate testing to confirm that the System is capable of operating
safely in accordance with all applicable Laws. “Laws” means any applicable Law, statute, regulation,
rule, decision, writ, order, decree, or judgment, or any interpretation thereof, promulgated or issued by
federal, State, municipal, local, or administrative authorities.
2.3. Punch List. Upon achieving Substantial Completion, Design-Builder shall provide City with a list of items still
outstanding which are necessary to complete the System in accordance with this Agreement and the related
specifications and to achieve Final Completion (“Punch List”). Within five (5) working days after receipt of a
proposed Punch List, City shall either (a) approve the Punch List or (b) request that certain amendments or
modifications be made to the Punch List. If there is a disagreement, the Parties shall meet and negotiate in good
faith and seek to agree on and execute an amended Punch List to be completed by the Design-Builder before
Final Completion (defined below) is achieved. From the date of Design-Builder’s submission of the proposed
Punch List, the Scheduled Final Completion Date will be extended day-for-day until City approves the Punch List.
2.4. Final Completion. Final Completion shall occur after Substantial Completion, when each of the following has
been achieved in accordance with the requirements of the Contract Documents:
2.4.1. All Punch List items are completed in accordance with the terms of the Design Specifications;
2.4.2. All required training as detailed in Attachment A-2 has occurred; all documentation as detailed in
Attachment A-2 has been provided to City, including, without limitation, final record drawings in Auto-
CAD format that reflects and incorporates all as-built revisions and comments and operation and
maintenance manuals;
2.4.3. Testing, defined as testing of all components and subsystems comprising the System in accordance with
the requirements of this Agreement with all results thereof meeting the requirements set forth herein,
and acceptance by City of the successful testing; and
2.4.4. Receipt by City of the Permission to Operate letter from the Utility Company; provided, that the
Scheduled Final Completion Date will be extended day-for-day, to account for delays by the Utility
Company;
2.5. City’s Acceptance of Work. Upon achievement of Substantial Completion and Final Completion, as applicable,
Design-Builder shall deliver notice thereof to City. City shall inspect the Work and notify Design-Builder that
either (a) Substantial Completion or Final Completion has been achieved or (b) Substantial Completion or Final
Completion has not been achieved, and stating in reasonable detail the particular Work that remains to be
performed by Design Builder. In either event the applicable notice from City shall be delivered within fifteen (15)
calendar days from the next regularly scheduled City Council meeting after receipt of the notice from Design-
Builder. If City notifies Design-Builder that the relevant Work has not been completed, Design-Builder shall take
action to promptly complete the relevant Work and shall deliver to City a notice once completed. This procedure
shall be repeated until the relevant Work is accepted by City. From the date that Design-Builder provides notice
of Substantial Completion and Final Completion Date, the Guaranteed Substantial Completion Date and the
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Scheduled Final Completion Date, as applicable, will be extended day-for-day until the City approves such
milestone hereunder.
2.6. The Project shall be deemed complete for purposes of Public Contract Code section 7107 only upon acceptance
by City’s City Council of Final Completion.
3. Liquidated Damages. Time is of the essence for both Parties’ obligations under this Agreement. It is hereby understood
and agreed that it is and will be difficult and/or impossible to ascertain and determine the actual damage that City will
sustain in the event of and by reason of Design-Builder's delay; therefore, Design-Builder agrees that it shall pay to City
the sums of:
Central Park: $452/day
Epicenter: $608/day
as liquidated damages for each and every day delay beyond the Guaranteed Substantial Completion Date that Design-
Builder delays issuing notice of Substantial Completion to the City.
Notwithstanding the foregoing, in each case, the liquidated damages to be paid hereunder shall not to exceed 10% of the
price of the applicable System. Liquidated damages will apply and be calculated on a System-by-System basis; such that if
liquidated damages become due in respect of one System, such event will not, in itself, trigger liquidated damages for
any other System. Further, liquidated damages will not be payable on account of delays by City or by parties not under
Design-Builder’s control, including the applicable utility (including delays in issuing approvals required hereunder), and
the Guaranteed Substantial Completion Date will be extended day-for-day on account of such delays.
It is hereby understood and agreed that this amount is not a penalty, but is a reasonable estimate of the damages that
City will incur.
In the event any portion of the liquidated damages is not paid to City, City may deduct that amount from any money due
or that may become due the Design-Builder under this Agreement (but may not offset against any other agreement
between City and Design-Builder), City may seek recovery of Liquidated Damages from the Design-Builder’s Performance
Bond Surety and/or City may seek recovery of Liquidated Damages from the Design-Builder or the Performance Bond
Surety without having exhausted remedies against the other.
4. Grants/Rebates/Incentives. Design-Builder shall use commercially reasonable efforts to support City in obtaining or
maintaining grants/rebates/incentives for the Systems. Design-Builder shall use commercially reasonable efforts to
support City in obtaining an extension for the rebates, if allowed and if necessary. Any and all grants/rebates/incentives
available for City’s construction of the Systems shall belong solely to the City and/or shall be assigned by Design-Builder
to the City in their entirety. While Design-Builder makes good faith efforts to estimate Federal, State and local rebates,
actual rebates are subject to change based on Federal, State and local Laws and regulations in effect from time to time.
Rebate rates may even change after the execution of this Agreement or after a rebate is reserved. In any case, Customer
shall pay Design-Builder the full amount of the Total System Price.
5. Submittal of Documents. All of Design-Builder’s obligations under this Agreement are conditioned on approval by the
City of all documentation, including but not limited to, the performance bond, payment (labor and material) bond, the
certificate(s) and affidavit(s), and the endorsement(s) of insurance required as indicated below (the “Contract
Documents”):
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Signed Agreement
Noncollusion Affidavit
Prevailing Wage Certification (if applicable)
Workers’ Compensation Certification
Insurance Certificates and Endorsements
Performance Bond
Payment Bond
Project Schedule
System Description
Scope of Work
Solar Operation and Maintenance Agreement
Performance Guarantee Agreement
Request for Proposal (RFP) issued March 9, 2015
Design-Builders Proposal dated April 17, 2015
The above-referenced, fully executed Contract Documents, all of which are incorporated herein by reference (except for
the Solar Operation and Maintenance Agreement and the Performance Guarantee Agreement, which are separate
agreements), shall be presented to City for approval within fourteen (14) days after execution of the Agreement, if not
already included in this Agreement. Design-Builder shall not begin any work until receipt of that approval. If notice of
approval or rejection is not received within thirty (30) days after delivery of all Contract Documents to City, such failure
will be a deemed rejection, and Design-Builder may terminate this Agreement without liability.
6. Compensation. As full and complete compensation for the Work and all other obligations of Design-Builder set forth
herein, City shall pay to the Design-Builder the NOT-TO-EXCEED amount of Four Million Five Hundred Seven Thousand
Two Hundred Twenty Nine Dollars and No Cents ($4,507,229.00) (“Total System Price”) including applicable sales tax of
8.0%. Attachment A-2 sets forth the specific components of the System, including all components to be constructed at
each separate Site, and the “lump sum” amount for all Work at each Site, including but not limited to all labor, materials,
equipment and supplies. The Total System Price will be equitably adjusted: (i) for delays caused by the Customer; (ii) for
Changes in the Work; (iii) as provided in Section 13, if Design-Builder’s site investigation, reveals that an increase in the
Contract Price is necessary; or (iv) in connection with a Change Order.
7. Expenses. There are no reimbursable expenses. City shall not be liable to Design-Builder for any costs or expenses paid
or incurred by Design-Builder in performing the Services City, except as may be agreed between the Parties in connection
with a Change Order.
8. Payment. The Total System Price shall be paid in periodic partial payments (each a “Payment”) in accordance with this
section.
Payment 1: Five (5) % of the Total System Price upon the execution of this Agreement;
Payment 2: Fifteen (15) % of the Total System Price upon Customer’s approval of the Design Documents;
Payment 3: Thirty (30) % of the Total System Price upon delivery of PV Modules by Design-Builder;
Payment 4: Forty (40)% of the Total System Price upon mid-construction (specifically, upon completion of PV Module
installation into mounting structures) by the Design-Builder; and
Payment 5: Ten (10) % of the Total System Price upon Final Completion.
Processing of Progress Payments; Retention: City shall pay to Design-Builder a sum equal to ninety (90) % of each
progress payment listed above. The remaining ten (10) % of such amounts shall be held as the Retention Amount and
shall be released in accordance with Public Contract Code section 7107.
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8.1. Option for Escrow or Securities in Lieu of Retention. Pursuant to the requirements of Public Contract Code
Section 22300, upon Design-Builder's request within ten (10) days of execution of this Agreement, City will make
payment to Design-Builder of any earned retention funds withheld from payments under this Agreement if
Design-Builder deposits with City or in escrow with a California or federally chartered bank acceptable to City,
securities eligible for the investment pursuant to Government Code Section 16430 or bank or savings and loan
certificates of deposit.
8.1.1. Conditions upon such deposit include the following:
8.1.1.1. Design-Builder shall be the beneficial owner of any securities substituted for retention funds
withheld and shall receive any interest thereon.
8.1.1.2. All expenses relating to the substitution of securities under said Section 22300 and under this
Article 8.2, including, but not limited to City’s overhead and administrative expenses, and
expenses of escrow agent shall be the responsibility of the Design-Builder.
8.1.1.3. If Design-Builder shall choose to enter into an escrow agreement, such agreement shall be in
the form as set forth in Public Contract Code section 22300 and which shall allow for the
conversion to cash to provide funds to meet defaults by the Design-Builder including, but not
limited to, termination of the Design-Builder's control over the Work, stop notices filed
pursuant to law, assessment of liquidated damages or amount to be kept or retained under
the provisions of the Contract Documents.
8.1.1.4. Securities, if any, shall be returned to Design-Builder only upon satisfactory completion of the
Agreement.
8.1.2. In the alternative, under Section 22300, Design-Builder, at its own expense, may request City to make
payment of earned retention funds directly to the escrow agent. Also at the expense of Design-Builder,
Design-Builder may direct investment of the payments into securities, and Design-Builder shall receive
the interest earned on the investment upon the same conditions as shown in paragraph (a) for
securities deposited by Design-Builder. Upon satisfactory completion of the Agreement, Design-Builder
shall receive from the escrow agent all securities, interest and payments received by the escrow agent
from City, pursuant to the terms of Section 22300.
8.1.3. If any provision of this Article 8.1 shall be found to be illegal or unenforceable, then, notwithstanding,
this Article 8.1 shall remain in full force and effect, and such provision shall be deemed stricken or
revised to comply with Section 22300.
8.2. Waiver and Release upon Payment. Each Progress Payment shall be conditioned upon Design-Builder providing
to City with a conditional waiver and release of claims for payment upon payment from the Design-Builder and
each of its subcontractors and materials suppliers in the form required by Civil Code Section 8132, covering all
sums requested in such Progress Payment Application, and an unconditional waiver and release of claims for
payment from each party, in the form required by Civil Code Section 8134, covering sums disbursed pursuant to
the most recently preceding Progress Payment Application. Failure to provide either a conditional waiver and
release, or unconditional waiver and release shall result in the subject sums being in dispute, and thus withheld
from payment.
8.3. Corrective Work and Progress Payment. Design-Builder shall not be entitled to payment for non-conforming
work performed, so long as any lawful or proper direction concerning that non-conforming work or any portion
thereof given by City (which direction does not modify the agreed scope of work hereunder) lacks correction by
Design-Builder.
8.4. Title to Delivered Materials. Title to new materials and/or equipment for the Work of this Agreement shall vest
in City upon achievement of Final Completion; except that intellectual property rights will be allocated as set
forth in Section 11. Except for risk of loss as described below, responsibility for such new material and/or
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equipment for the Work of this Agreement shall remain with Design-Builder until incorporated into the Work and
accepted by City pursuant to this Agreement; no part of said materials and/or equipment shall be removed from
its place of storage except for immediate installation in the Work of this Agreement. Design-Builder shall
maintain all course of construction and other insurance as necessary in the reasonable judgment of Design-
Builder to protect said equipment and Work. City shall not become responsible for risk of loss or other insurable
risk until City’s acceptance of Final Completion of the Project. Nothing in this section shall limit the Design-
Builder’s liability for repair, maintenance or replacement of any material and/or equipment for the Work of this
Agreement resulting from any breach of this Agreement or pursuant to any warranty or guaranty.
9. Independent Contractor. Design-Builder, in the performance of this Agreement, shall be and act as an independent
contractor. Design-Builder understands and agrees that neither it nor any of its employees shall be considered officers,
employees, agents, partner, or joint venture of City, and is not entitled to benefits of any kind or nature normally provided
employees of City and/or to which City's employees are normally entitled, including, but not limited to, State
Unemployment Compensation or Worker's Compensation. Design-Builder shall assume full responsibility for payment of all
federal, state and local taxes or contributions, including unemployment insurance, social security and income taxes with
respect to Design-Builder's employees. Design-Builder shall be liable for its own actions, including its negligence or gross
negligence, and shall be liable for the acts, omissions, or errors of its agents, employees, subcontractors, and any other
persons or entities performing work on Design-Builder’s behalf.
10. Standard of Care. Design-Builder shall perform its obligations under this Agreement using its prudent professional skill
and judgment, acting with due care and in accordance with the standard of care applicable to the Work and Services to
be provided by Design-Builder, the covenants, terms and conditions of this Agreement, and all applicable Laws, including,
without limitation, the applicable provisions of the California Building Code (Title 24), the California Code of Regulations,
the Utility Company Interconnection Requirements, City’s Design Guides and Technical Specifications, and the laws,
regulations and policies of all other federal, state, and local jurisdictions having authority. Design-Builder represents and
warrants that it is fully experienced in projects of the nature and scope of work required herein, and that it is properly
qualified, licensed and equipped to supply and perform the Work. The Work completed herein must meet the approval
of City as set forth herein, and shall be subject to City’s general right of inspection and supervision to secure the
satisfactory completion thereof, all as provided herein.
11. Intellectual Property. All reports, plans, specifications, field data and notes and other documents, including all
documents on electronic media, prepared by Design-Builder are instruments of service, and shall remain the property of
Design-Builder. Notwithstanding the foregoing sentence, Design-Builder shall supply City with final, as-built design
diagrams and such other System design drawings and documentation as Design-Builder generates and can reasonably
transfer to City (“Design Documents”); and City shall have a worldwide, freely-assignable, sublicensible license to use
such Design Documents without compensation to Design-Builder. Design-Builder will have no right to charge City for the
Design Documents, for using the Design Documents, or for modifying the design of the System.
12. City’s Responsibilities. Design-Builder shall not be responsible for the malfunctioning or inadequacy of existing electrical
equipment and materials at the System or Site, including but not limited to the main electrical service panel, any major
electrical devices, or any other fuses or similar devices not discovered and resolved pursuant to site examination as
referenced in Section 13. Design-Builder shall not be responsible for any Site conditions Customer decides not to repair.
Design-Builder shall not be responsible for any delays or expense related to unanticipated, unusual or unforeseen
conditions including but not limited to roof or structure conditions, subsurface conditions, underground or aboveground
water, gas, or sewage pipes, electrical or cable lines or transformers or any other physical or material hindrance to the
installation not discovered and resolved pursuant to site examination as referenced in Section 13. Upon discovery of such
conditions, City shall remediate them or, at City’s option, compensate Design-Builder for the costs of such remediation
plus a reasonable fee.
13. Notice to Proceed. After the executed Contract Documents are submitted to City and approved in accordance with
Section 5, City shall provide a Notice to Proceed to Design-Builder for design work, at which time Design-Builder shall
proceed with the design Work. After the design Work is approved by City, City shall provide a separate Notice to Proceed
to Design-Builder at which time Design-Builder shall proceed with the construction Work. Notwithstanding the
foregoing, the timing set forth in the agreed Project Schedule shall prevail over any inconsistent terms in this paragraph.
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14. Site Examination. Within fourteen (14) days after receipt by Design-Builder of Payment 1, Design-Builder will conduct
examinations of each Site and confirm all measurements, specifications and conditions affecting the Work to be
performed at the Site. Following these site examinations (which will include underground surveys), Design-Builder shall
either (a) provide written notification to City that it has made Site examination(s) that it deems necessary as to the
condition of the Site, its accessibility for materials, workers and utilities, and Design-Builder’s ability to protect existing
surface and subsurface improvements, or (b) request specific changes to the Services, Work, Guaranteed Substantial
Completion Date, Scheduled Final Completion Date and Total System Price that are required in light of such
examinations. If City does not agree with these changes, City or Design-Builder may terminate the Agreement within
thirty (30) Business Days of receipt of such request, without liability to either Party except that City shall be entitled to
receive a refund of Payment 1 paid by the City at execution of this Agreement.
14.1. City shall furnish all necessary Site surveys describing the physical characteristics, soils reports and subsurface
investigations, legal limitations, utility locations, and a legal description to the extent they exist. Design-Builder
acknowledges that any and all conditions disclosed therein, are known to Design-Builder (collectively, the
“Disclosures”). The Parties agree to use commercially reasonable efforts to use the Alternates, if any, expressly
set forth in Attachment A-2, in the event that a System, if built as proposed, would be deemed inadequate or
imprudent according to sound engineering judgment consistent with the Standard of Care under Section 10. In
the event that the site examination reveals that soils conditions are substantially and materially different from
the information made available by the City, and neither the System or any alternate system would be deemed
adequate or prudent according to sound engineering judgment consistent with the Standard of Care under
Section 10, City may terminate by written notice, all further Work (but shall pay Design-Builder for all such Work
performed as of the effective date of such termination as provided in Section 32.4), and/or eliminate from the
Scope of Work, that specific site pursuant to Section 20, or may negotiate with Design-Builder in good faith to
identify an alternate location for, or other alternatives for a solar photovoltaic array of equal or better
characteristics which shall not exceed the Total System Price. For such purposes, Design-Builder agrees and
acknowledges that it knows and assumes, and is deemed to know and assume, that the conditions at the Sites
comport with the least benign conditions disclosed, in the information on soils conditions in the Request for
Proposals from City, and/or on file in City’s offices, all consistent with the Standard of Care under Section 10.
Design-Builder is relying on all Disclosures provided by City and as revealed by the Design Builder’s underground
surveys.
14.2. Disclaimer of Warranty. City does not warrant the soils or geological conditions at the Site. Any information on
the soils and geotechnical conditions of the Site is expressly understood to reflect the professional judgment of
the entity that prepared it based on limited sampling and observation and may not be comprehensive or
accurate in any of its findings or implications. Design-Builder is fully responsible to ascertain all Site conditions
for the purposes of determining construction means and methods and costs of construction of the Systems.
14.3. Existing Utilities. Design-Builder shall be responsible for the investigation of the Site with respect to any
underground utilities including, without limitation, trunk, mainline and service utilities. It shall be the
responsibility of Design-Builder to determine, within reason, the exact location of all utilities using an
underground utility/facility location service if necessary. If appropriate in Design-Builder’s reasonable judgment,
Design-Builder shall make its own reasonable investigations, including exploratory excavations, to determine the
locations and type of service connections, prior to commencing Work which could result in damage to such
utilities.
14.4. Hazardous Materials. Should Design-Builder or any other party encounter or disturb hazardous materials on the
job site, or should it in any other way become known that asbestos and/or hazardous or toxic materials are
present or may be present on the job site or any adjacent or nearby areas which may affect Design-Builder’s
services, then either Party may, at its good faith election, suspend performance until City remediates the matter
at City’s expense, or terminate work on the System subject to paying Design-Builder for amounts due under
Section 33.5. The Guaranteed Substantial Completion Date and the Scheduled Final Completion Date shall each
be extended on day-for-day for the length of a suspension under this Section 14.4.
14.5. Additional Obligations. City represents and warrants to Design-Builder that City has full power, authority and
legal right to execute and deliver this Agreement, to perform its obligations hereunder, including without
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limitation, to grant Design-Builder permission to enter and access the jobsite and to secure the permits,
approvals, easements, assessments, and charges necessary for this Agreement.
15. Materials. Design-Builder shall furnish, at its own expense, all labor, materials, equipment, supplies and other items
necessary to complete the services to be provided pursuant to this Agreement.
15.1. Anti-Trust Claim. Design-Builder agrees to pass-through, on a pro-rata basis, any applicable awards received
pursuant to causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the
Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and
Professions Code), arising from purchases of goods, services, or materials provided to City pursuant to the
Agreement.
15.2. Substitutions. No substitutions of material from such components as may be specifically identified in the Design
Specifications shall be made without the prior written approval of City. Except with respect to the foregoing,
Design-Builder shall have the right to substitute materials or equipment incorporated into the System provided
that the substitution does not increase the Total System Price or have a material adverse effect on the System’s
performance or longevity.
16. Equipment and Labor. Design-Builder shall furnish all tools, equipment, apparatus, facilities, transportation, labor, and
material necessary to furnish the services herein described, the services to be performed at such times and places as
directed by and subject to the approval of the authorized City representative indicated in the Work specifications
attached hereto.
17. Warranty/Quality. Design-Builder shall honor the warranty terms provided in Exhibit A-3.
18. Trench Shoring. The Parties acknowledge that Design-Builder will not trench to a depth of five (5) feet or greater in
connection with this Agreement; provided that Design-Builder will drive supporting posts to such depth or greater.
Notwithstanding the foregoing, if unanticipated geologic or utility conditions require trenching to a depth of greater than
five (5) feet, Design-Builder will comply with applicable law and City’s reasonable instructions in connection with such
trenching.
19. Excavations Over Four Feet. The Parties acknowledge that Design-Builder will not excavate to a depth of four (4) feet or
greater in connection with this Agreement; provided that Design-Builder will drive supporting posts to such depth or
greater. Notwithstanding the foregoing, if unanticipated geologic or utility conditions require excavation to a depth of
greater than four (4) feet, Design-Builder will comply with applicable law and City’s reasonable instructions in connection
with such excavation.
20. Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price
thereof, or any other matter materially affecting the performance or nature of the Work (“Change”) shall not be paid for
or accepted unless such change, addition, or deletion is approved in advance and in writing by a valid change order
executed by Design-Builder and City and approved by City’s City Council. The foregoing notwithstanding, the Design-
Builder shall continue to perform its Work under the Agreement with respect to all undisputed portions of the Work and
shall not cause a delay of the Work by virtue of the inability of City and Design-Builder to agree upon the extent of any
adjustment to the Project Schedule and/or the Total System Price on account of such change. Design-Builder specifically
understands, acknowledges, and agrees that both Parties shall have the right to request any alterations, deviations,
reductions, or additions to the Project or Work, and upon the mutual agreement of the Parties, the cost changes
requested by a Party shall be added to or deducted from the amount of the Total System Price by fair and reasonable
valuations agreed to by the Parties in writing. Should Design-Builder encounter concealed or unforeseeable conditions in
the performance of the Work the Total System Price and the schedule shall be equitably adjusted by a mutually agreed
Change Order upon claim by either Party made within a reasonable time after the first observance of the conditions.
20.1. Adjustment to Total System Price. Adjustments to the Total System Price due to Changes in the Work shall be
determined by application of one of the following methods, in the following order of priority:
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20.1.1. Change Order Mutual Agreement. By negotiation and mutual written agreement, on a lump sum
basis, between City and Design-Builder on the basis of the estimate of the actual and direct increase
or decrease in costs on account of the Change.
20.1.2. Basis for Adjustment of Total System Price. By mutual agreement, the Parties may reference the
basis for adjustment of the Total System Price set forth in this Section 21.1.2:
20.1.2.1. Labor. Design-Builder shall be compensated for the actual costs, without markup, of labor
actually and directly utilized in the performance of the Change. Such labor costs shall be
limited to field labor for which there is a prevailing wage rate classification. Wage rates for
labor shall not exceed the prevailing wage rates in the locality of the Site and shall be in the
labor classification(s) necessary for the performance of the Change. Use of a labor
classification which would increase labor costs associated with any Change shall not be
permitted. Labor costs shall exclude costs incurred by the Design-Builder in preparing
estimate(s) of the costs of the Change, in the maintenance of records relating to the costs of
the Change, coordination and assembly of materials and information relating to the Change or
performance thereof, or the supervision and other overhead and general conditions costs
associated with the Change or performance thereof.
20.1.2.2. Materials and Equipment. Design-Builder shall be compensated for the actual costs, without
markup, of materials and equipment necessarily and actually used or consumed in connection
with the performance of Changes. Costs of materials and equipment may include reasonable
costs of transportation from a source closest to the site of the Work and delivery to the Site. If
discounts by Material Suppliers are available for materials necessarily used in the performance
of Changes, they shall be credited to City. If materials and/or equipment necessarily used in
the performance of Changes are obtained from a supplier or source owned in whole or in part
by the Design-Builder, compensation therefor shall not exceed the current wholesale price for
such materials or equipment. If, in the reasonable opinion of City, the costs asserted by the
Design-Builder for materials and/or equipment in connection with any Change is excessive, or
if the Design-Builder fails to provide satisfactory evidence of the actual costs of such materials
and/or equipment from its supplier or vendor of the same, the costs of such materials and/or
equipment and City's obligation for payment of the same shall be limited to the then lowest
wholesale price at which similar materials and/or equipment are available in the quantities
required to perform the Change. City may elect to furnish materials and/or equipment for
Changes to the Work, in which event the Design-Builder shall not be compensated for the
costs of furnishing such materials and/or equipment or any mark-up thereon.
20.1.2.3. Construction Equipment. Design-Builder shall be compensated for the actual cost, without
markup, of the necessary and direct use of construction equipment (“Construction
Equipment”) in the performance of Changes to the Work. Use of such Construction Equipment
in the performance of Changes to the Work shall be compensated in increments of fifteen (15)
minutes. Rental time for Construction Equipment moved by its own power shall include time
required to move such Construction Equipment to the site of the Work from the nearest
available rental source of the same. If Construction Equipment is not moved to the Site by its
own power, Design-Builder will be compensated for the loading and transportation costs in
lieu of rental time. The foregoing notwithstanding, neither moving time or loading and
transportation time shall be allowed if the Construction Equipment is used for performance of
any portion of the Work other than Changes to the Work. Unless prior approval in writing is
obtained by the Design-Builder from City, no costs or compensation shall be allowed for time
while Construction Equipment is inoperative, idle or on standby, for any reason. Design-
Builder shall not be entitled to an allowance or any other compensation for Construction
Equipment or tools used in the performance of Changes to the Work where such Construction
Equipment or tools have a replacement value of $500.00 or less. Construction Equipment
costs claimed by the Design-Builder in connection with the performance of any Change to the
Work shall not exceed rental rates established by distributors or construction equipment
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rental agencies in the locality of the Site; any costs asserted which exceed such rental rates
shall not be allowed or paid. Unless otherwise specifically approved in writing by the Architect,
the Project Inspector and City, the allowable rate for the use of Construction Equipment in
connection with Changes to the Work shall constitute full compensation to the Design-Builder
for the cost of rental, fuel, power, oil, lubrication, supplies, necessary attachments, repairs or
maintenance of any kind, depreciation, storage, insurance, labor (exclusive of labor costs of
the Construction Equipment operator), and any other costs incurred by the Design-Builder
incidental to the use of such Construction Equipment.
20.1.2.4. Overhead. In determining the cost to City and the extent of increase to the Total System Price
resulting from a Change adding to the Work, the allowance for overhead (including home
office and field overhead), general conditions costs and profit (hereinafter “Change Order
Overhead”) associated with the Change shall not exceed shall not exceed 15% of the direct
actual costs for performance of the Change. In the event a portion of Changes to the Work is
performed by a first tier subcontractor, the subcontractor Change Order Overhead shall not
exceed 15%. In the event a portion of Changes to the Work is performed by a sub-
subcontractor, the sub-subcontractor Change Order Overhead shall not exceed 15%. The
subcontractor markup on the total charges of a sub-subcontractor of any lower tier is limited
to 5% of the costs of such change, regardless of the number of subcontractors, of any tier,
performing any portion of any Change to the Work.
20.1.2.5. If a Change to the Work reduces the Total System Price, no profit, general conditions or
overhead costs shall be paid by City to the Design-Builder for the reduced or deleted Work.
20.1.2.6. In no event shall a Change directive increasing the nameplate capacity of the System, or any
element thereof, exceed the original cost per kW installed per installation as set forth herein.
20.1.3. Required Documentation. If the Parties agree on a Change Order with a cost basis, then Design-
Builder agrees to provide City with all information requested to substantiate the cost of the change
order and to inform City whether the Work will be done by the Design-Builder or a subcontractor.
Design builder shall maintain daily work/wage records to the extent required by California Labor
Code Sec. 1776. Such records shall include without limitation hourly records for labor and
Construction Equipment and itemized records of materials and equipment used in connection with
the performance of any Change to the Work. In the event that more than one Change to the Work is
performed by the Design-Builder, Design-Builder shall maintain separate records of labor,
Construction Equipment, materials and equipment for each such Change. In the event that any
Subcontractor, of any tier, shall provide or perform any portion of any Change to the Work, Design-
Builder shall require that each such Subcontractor maintain records in accordance with this Article.
Each record maintained hereunder shall be signed by Design-Builder's superintendent or Design-
Builder's authorized representative; such signature shall be deemed Design-Builder's representation
and warranty that all information contained therein is true, accurate, complete, and relate only to
the Change referenced therein. All records maintained by a subcontractor, of any tier, relating to the
costs of a Change to the Work shall be signed by such subcontractor's authorized representative or
superintendent. All records maintained hereunder shall be subject to inspection, review and/or
reproduction by City upon request. In the event that Design-Builder shall fail or refuse, for any
reason, to maintain or make available for inspection, review and/or reproduction such records and
the adjustment to the Total System Price on account of any Change to the Work is determined
pursuant to this Section, City's reasonable good faith determination of the extent of adjustment to
the Total System Price on account of such Change shall be final, conclusive, dispositive and binding
upon Design-Builder.
20.2. Adjustment to Contract Time. The Guaranteed Substantial Completion Date and Scheduled Final Completion
Date shall be extended or reduced, day-for-day, by change order if the performance of such Change necessitates
such extension or reduction. The Parties will agree on an appropriate time extension (if any), based on
information supplied by Design-Builder necessary to substantiate its belief that such change will delay the
completion of the Work.
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21. Claims. If Design-Builder shall claim compensation for changes to the in the Work or Services or extensions of time
(“Claim”), Design-Builder shall, within twenty (20) business days after the first occurrence giving rise to the Claim, make
and deliver to City a written statement of the amount of the Claim, the first occurrence giving rise to the Claim, and a
description of the occurrences, events and bases for the Claim (“Notice of Claim”). Design-Builder shall file with City an
itemized statement of all details and the amount of the Claim within fifteen (15) business days of delivery to City of the
Notice of Claim.
Bar Against Claims for Failure to Follow Contract Procedures. Unless the Notice of Claim shall be made as required,
Design-Builder’s claim for compensation shall be forfeited and invalidated and it shall not be entitled to consideration for
payment on account of any such damage. Design-Builder expressly acknowledges and agrees that this provision shall not
be waived or otherwise modified by any communication not rendered to the Design-Builder in writing by City, and that
this is a reasonable notice provision pursuant to Public Contract Code section 7102 and Government Code section 930.2.
22. Workers. Design-Builder shall at all times enforce proper discipline and good order among Design-Builder’s employees,
subcontractors, consultants, and all other of Design-Builder’s invitees to the Site and shall not employ or allow the
employment on the work of any unfit person or anyone not skilled in work assigned to Design-Builder.
22.1. Design-Builder shall remove from the Site any person in the employ of Design-Builder or any subcontractor or
consultant whom City, after consulting with Design-Builder, may deem incompetent or unfit and such worker
shall not again participate in the work and shall not again be employed on it except with written consent of City.
22.2. Design-Builder shall take all reasonable steps necessary to ensure that any employees of Design-Builder or any of
its subcontractors or consultants report for work in a manner fit to do their job. Such employees: (i) shall not
utilize tobacco on the Site, and (ii) shall not be under the influence of or in possession of any alcoholic beverage
or any controlled substance (except a controlled substance as prescribed by a physician so long as the
performance or safety at the Site is not affected thereby). Design-Builder shall advise its employees,
subcontractors, suppliers, and Design-Builder’s invitees of these requirements before they enter on the Site and
shall immediately remove from the Site any person in violation of these requirements as determined by Design-
Builder or by City. Design-Builder shall impose these requirements on its subcontractors, suppliers, and other
Design-Builder invitees. If requested, Design-Builder shall execute, under penalty of perjury, the certification of a
drug-free workplace and certification of a tobacco-free workplace. City’s sole remedy for in the case a breach of
this section will be to require that, after consulting with Design-Builder, Design-Builder remove such individual
from participating in the Work.
23. Wages. Design-Builder acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1
(commencing with Section 1720) of the Labor Code of California relating to public works and the awarding public agency
and agrees to be bound by all the provisions thereof as though set forth in full herein, to the extent applicable to each
party’s performance hereunder. Based upon satisfactory documentation being provided by the Design-Builder, the Total
System Price is based upon Laws, codes, and regulations in existence on the date this Agreement is executed, including
the Labor Code of California and prevailing wage rates. The Total System Price will be increased if changes to the Labor
Code of California (including by regulation or order) result in increased costs to Design-Builder by the amount of the
increased costs.
23.1. The California Prevailing Wage Law.
23.1.1. Pursuant to the provisions of Article 2 (commencing at Section 1770), Chapter 1, Part 7, Division 2 of
the Labor Code of California, the governing body of City has ascertained the general prevailing rate of
per diem wages in the locality in which this public work is to be performed for each craft,
classification, or type of workmen needed to execute the Agreement.
23.1.2. Holiday and overtime work when permitted by law shall be paid for at a rate of at least one and one-
half times the above specified rate of per diem wages, unless otherwise specified.
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23.1.3. Each worker of Design-Builder and any of its subcontractors engaged in work on a System shall be
paid not less than the prevailing wage rate, regardless of any contractual relationship which may be
alleged to exist between Design-Builder or any subcontractors and such workers.
23.1.4. Design-Builder shall, as a penalty to City, forfeit $200 for each calendar day, or portion thereof, for
each worker paid less than the prevailing rate as determined for such work or craft in which such
worker is employed for any public work done under the contract by him or by any subcontractor
under him. The difference between such prevailing wage rate and the amount paid to each worker
for each calendar day or portion thereof, for which each worker was paid less than the prevailing
wage rate, shall be paid to each worker by Design-Builder.
23.1.5. Copies of the determined prevailing wage rates are on file and available upon request at City’s office.
or may be obtained at
http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. Design-Builder shall post, at an
appropriate conspicuous point on the Site, a schedule showing all determined general prevailing
wage rates.
23.2. Record Of Wages Paid. Design-Builder agrees to comply with the provisions of California Labor Code Section 1776
which, among other things, require Design-Builder and each subcontractor to (1) keep accurate payroll records,
(2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the
City of the location of the records. The Design-Builder is responsible for compliance with Section 1776 by itself
and all of its subcontractors.
24. Hours of Work. Design-Builder agrees to comply with the provisions of California Labor Code Section 1813 concerning
penalties for workers who work excess hours. The Design-Builder shall, as a penalty to the City, forfeit twenty-five dollars
($25) for each worker employed in the execution of the contract by the Design-Builder or by any subcontractor for each
calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and
40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California
Labor Code.
25. Apprentices. Design-Builder agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the
employment of apprentices on public works projects, and further agrees that Design-Builder is responsible for
compliance with Section 1777.5 by itself and all of its subcontractors.
26. Design-Builder Supervision. Design-Builder shall provide competent supervision of personnel employed on the job Site,
use of equipment, and quality of workmanship.
27. Safety and Security. Design-Builder is responsible for maintaining safety in the performance of this Agreement. Design-
Builder shall be responsible to ascertain from City, with the City’s reasonable cooperation, the rules and regulations
pertaining to safety and security, in addition to those existing in applicable State laws and regulations. Design-Builder
shall have the responsibility for initiating, maintaining, and supervising all safety precautions and programs in connection
with this Agreement and the Services provided hereunder.
28. Clean Up. All construction debris shall be removed from the Site prior to Final Completion. The Site shall be in order at all
times when work is not actually being performed and shall be maintained in a reasonably clean condition.
29. Access to Work. City representatives shall at all-time have reasonable access, not inconsistent with safety in Design-
Builder’s reasonable judgment, to the Work wherever it is in preparation or in progress. Design-Builder shall provide safe
and proper facilities for such access, to the extent reasonably required under the circumstances.
30. Protection of Work and Property. Design-Builder shall erect and properly maintain at all times such safeguards, signs,
barriers, lights, and security persons for protection of workers and the public, and shall post danger signs warning against
hazards created by the Work, as are required by law, regulation, or Design-Builder’s reasonable judgment. In an
emergency affecting life and safety of life or of Work or of adjoining property, Design-Builder, without special instruction
or authorization from City, is permitted to act at its reasonable discretion to prevent such threatened loss or injury.
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31. Occupancy. If not inconsistent with safety and security in Design-Builder’s reasonable judgment, City reserves the right to
occupy improvements comprising or related to a System at any time before Final Completion and such occupancy shall
not constitute final acceptance or approval of any part of the Work covered by this Agreement, nor shall such occupancy
extend the date specified for completion of the Work except to the extent that such occupancy prevents Design-Builder,
in whole or part, from performing the Work.
32. Termination.
32.1. For Convenience by City. City may, at any time, with or without reason, terminate this Agreement. Written
notice by City shall be sufficient to stop further performance of services by Design-Builder. Notice shall be
deemed given when received by the Design-Builder or no later than three (3) business days after the day of
mailing, whichever is sooner.
32.2. With Cause. Either Party may terminate this Agreement upon giving of written notice of intention to terminate
for cause. Cause shall include:
32.2.1. Material violation of this Agreement by the other Party (including, in the case of City, failure to
timely make payments due hereunder or review and approve submissions required hereunder, in
each case after the 15-day cure period set forth below has elapsed); or
32.2.2. Any act by the other Party exposing a Party to liability to others for personal injury or property
damage; or
32.2.3. Either Party becomes insolvent; files for federal bankruptcy protection; is adjudged a bankrupt;
makes a general assignment for the benefit of creditors; or a receiver is appointed on account of
Design-Builder's insolvency.
Written notice by a Party shall contain the reasons for such intention to terminate and unless within fifteen (15)
calendar days after that notice the condition or violation shall cease, or satisfactory arrangements for the
correction thereof be made, this Agreement shall upon the expiration of said cure period cease and terminate. In
the event of this termination, City may secure the required services from another provider.
32.3. Upon termination, Design-Builder shall provide City such documents as are required to be produced, maintained
or collected by Design-Builder pursuant to this Agreement, whether or not such documents are final or draft
documents. City’s use of draft or incomplete documents will be at its sole risk.
32.4. Compensation. In the event of any termination hereunder, City shall compensate Design-Builder for the Work
and Services satisfactorily performed to the date of termination and all reasonable documented costs incurred by
Design-Builder as a result of such termination (including in the termination of subcontracts, vendor agreements
and in demobilization), which cannot be mitigated or eliminated through commercially reasonable efforts by
Design-Builder.
33. Indemnification.
33.1. To the maximum extent permitted by law, Design-Builder agrees to and does hereby defend, indemnify and hold
harmless City, Fire Protection District, its elected officials, officers, employees, contractors and volunteers (the
“Indemnified Parties”) from every claim or demand made, and every liability, loss, damage, expense or attorney’s
fees of any nature whatsoever, which may be incurred by reason of:
33.1.1. Liability for: (1) death or bodily injury to persons; (2) damage or injury to, loss (including theft), or
loss of use of, any property; (3) any failure or alleged failure to comply with any provision of law or
the Contract Documents; or (4) any other loss, damage or expense, sustained by any person, firm or
corporation arising from any act, omission or breach of Design-Builder or any person, firm or
corporation employed by, under contract with, or acting on behalf of Design-Builder, arising out of or
in any way connected with the Work performed by Design-Builder, its employees, contractors and/or
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agents pursuant to this Agreement or the Contract Documents, whether said injury or damage occurs
on or off City property, except to the extent resulting from the negligence or the willful misconduct
of any of the Indemnified Parties; and
33.1.2. Any dispute between Design-Builder and Design-Builder’s subcontractors, suppliers and/or sureties,
including, but not limited to, any failure or alleged failure of the Design-Builder (or any person hired or
employed directly or indirectly by the Design-Builder ) to pay any subcontractor or materialman of any tier or
any other person employed in connection with the Work and/or filing of any stop notice or mechanic’s lien
claims; except such as may arise from City’s wrongful failure to pay.
33.2. Design-Builder, at its own expense, cost, and risk, shall defend any and all claims, actions, suits, or other
proceedings, including any and all appeals thereof, that may be brought or instituted against any of the
Indemnified Parties on account of or founded upon any cause, damage, or injury identified in this Section and
shall pay or satisfy any final and non-appealable judgment that may be rendered against any of the Indemnified
Parties. City in any action, suit or other proceedings as a result thereof. Design-Builder may select counsel to
provide such defense, subject to acceptance by City, which acceptance shall not unreasonably be withheld. In any
event, Design-Builder shall solely control any defense provided by Design-Builder.
33.3. The absence of a contractual indemnity in favor of Design-Builder does not, and nothing herein shall be
construed, to limit such remedies as Design-Builder may have under applicable law.
34. Insurance.
34.1. The Design-Builder shall procure and maintain at all times during the term of this Agreement the following
insurance:
34.1.1. General Liability. Two Million Dollars ($2,000,000) combined single limit per occurrence and Three
Million Dollars ($3,000,000) in the aggregate, for bodily injury, personal injury and property damage
in the form of Comprehensive General Liability and Contractual Liability, including Products Liability
and Completed Operations coverage. If Commercial General Liability or other form with a general
aggregate limit is used, either the general aggregate limit shall apply separately to each
project/location or the general aggregate limit shall be twice the required occurrence limit. Total
limits required may be satisfied with an umbrella or excess liability policy.
34.1.2. Automobile Liability Insurance. Two Million Dollars ($2,000,000) combined single limit per
occurrence for any automobile that shall protect the Design-Builder and City from all claims of bodily
injury, property damage, death, and medical payments arising performing any portion of the Services
by Design-Builder. Total limits required may be satisfied with an umbrella or excess liability policy.
34.1.3. Workers’ Compensation and Employers’ Liability Insurance. For all of the Design-Builder’s
employees who are subject to this Agreement and to the extent required by the applicable state or
federal law, Design-Builder shall keep in full force and effect, a Workers' Compensation policy. That
policy shall provide employers' liability coverage with minimum liability coverage of One Million
Dollars ($1,000,000) per accident for bodily injury or disease and $1,000,000 disease – policy limit.
Design-Builder shall provide an endorsement that the insurer waives the right of subrogation against
City and its respective elected officials, officers, employees, agents, representatives, consultants,
trustees, and volunteers .
34.1.4. Professional Liability (Errors and Omissions). One Million Dollars ($1,000,000) for errors and
omissions as appropriate to the profession of engineer designing photovoltaic systems, with
coverage to continue through completion of construction plus two years thereafter.
34.1.5. Builder's Risk Insurance. On a replacement cost value basis, Design-Builder shall procure and
maintain, during the life of this Agreement or completion of construction, whichever is earlier,
Builder’s Risk (Course of Construction), or similar first party property coverage to insure against all
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risks of accidental physical loss and shall include without limitation the perils of vandalism and/or
malicious mischief (both without any limitation regarding vacancy or occupancy), sprinkler leakage,
theft, sonic disturbance, flood, collapse, wind , fire, lightning, smoke, and rioting. Coverage shall
include debris removal, demolition, increased costs due to enforcement of all applicable ordinances
and/or laws in the repair and replacement of damaged and undamaged portions of the property, and
reasonable costs for engineering services and expenses required as a result of any insured loss upon
the Work and Project, including completed Work and Work in progress, to the full replacement value
of each installation at each Site. This policy shall not include existing structures.
34.1.6. Umbrella or Excess Liability. Four Million Dollars ($4,000,000) per occurrence and aggregate to meet
the policy limit requirements of the required policies if Design-Builder’s underlying policy limits are
less than required. There shall be no gap between the per occurrence amount of any underlying
policy and the start of the coverage under the Umbrella Liability Insurance Policy. Any Umbrella
Liability Insurance Policy shall protect Design-Builder, City, including all of the Indemnified Parties, as
additional insureds, in amounts, and that complies with all requirements herein for Commercial
General Liability and Automobile Liability and Employers’ Liability Insurance.
34.1.7. Other Insurance Provisions: The policies are to contain, or be endorsed to contain, the following
provisions:
34.1.7.1. For the general liability and automobile liability policies:
34.1.7.1.1. City and Fire Protection District, its representatives, elected officials, officers,
officials, employees, agents, and volunteers (“Additional Insureds”) are to be
covered as additional insureds as respects liability arising out of activities
performed by or on behalf of Design-Builder; instruments of Service and completed
operations of the Design-Builder; premises owned, occupied or used by Design-
Builder; or automobiles owned, leased, hired or borrowed by Design-Builder. The
coverage shall contain no special limitations on the scope of protection afforded to
the Additional Insureds and shall provide not less than the level of protection in
scope and limits, as provided by Design-Builder for itself.
34.1.7.1.2. For any claims related to the Project, Design-Builder’s insurance coverage shall be
primary insurance as respects the Additional Insureds. Any insurance or self-
insurance maintained by the Additional Insureds shall be in excess of the Design-
Builder’s insurance and shall not contribute with it.
34.1.7.1.3. Any failure to comply with reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to the Additional
Insureds.
34.1.7.2. The policies shall provide that the insurer waives the right of subrogation. Further, Design-
Builder hereby waives all rights of subrogation. Design-Builder’s insurance shall apply
separately to each insured against whom claim is made or suit is brought, except with respect
to the limits of the insurer's liability.
34.1.7.3. Design-Builder shall furnish City with Certificates of Insurance showing maintenance of the
required insurance coverage, and original endorsements affecting coverage. The
endorsements are to be signed by a person authorized by that insurer to bind coverage on its
behalf. All endorsements are to be received and approved by City before Work commences.
34.1.8. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of
no less than A: VII, unless otherwise acceptable to City.
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34.2. Within ten (10) days of effective date and upon any changes thereafter until the achievement of Final
Completion, Design-Builder shall disclose its deductibles in writing, and such deductibles will be subject to City’s
approval.
35. Payment Bond and Performance Bond. Design-Builder shall not commence the Work until it has provided to City, in a
form approved by City and reasonably acceptable to Design-Builder, a Payment (Labor and Material) Bond and a
Performance Bond, each in an amount equivalent to one hundred percent (100%) of the Total System Price issued by a
surety admitted to issue bonds in the State of California and otherwise acceptable to City.
35.1. Performance bond liability. Any performance bond issued for a Site or the Systems will cease one (1) year from
the completion of construction. If a warranty or guarantee is provided under the terms of this Agreement, the
balance of any warranty or guarantee beyond one year term of the applicable performance bond shall continue
to be guaranteed solely by the surety under the terms of this Agreement.
35.2. Payment bond liability. The payment bond shall contain the following condition: Upon expiration of the time
within which the California Labor Commissioner may serve a civil wage and penalty assessment against the
principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code § 1741,
and upon expiration of the time within which a joint labor management committee may commence an action
against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor
Code § 1771.2, if the condition of this bond be fully performed, then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
35.3. Performance Guarantee. Neither payment bonds, whether for labor or materials, nor performance bonds are
applicable to the Performance Guarantee Agreement between the parties.
36. Limitation of Liability.
36.1. No Consequential Damages. EXCEPT FOR DESIGN-BUILDER’S OBLIGATION TO INDEMNIFY FOR THIRD-PARTY
CLAIMS UNDER SECTION 33 AND THIRD-PARTY INDEMNITIES TO WHICH EITHER PARTY MAY BE ENTITLED UNDER
APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY OR ITS AGENTS OR SUBCONTRACTORS BE LIABLE FOR
SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE. SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION MAY NOT APPLY IN SUCH STATES. For avoidance of doubt and without affecting any other
term hereof, claims made by Design-Builder’s employees or subcontractors or City’s employees are not third-
party claims, and any indemnity obligation of the City relating thereto will be limited as set forth in this Section.
36.2. Limitation of Duration of Implied Warranties. ANY IMPLIED WARRANTIES, INCLUDING THE IMPLIED
WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARISING UNDER STATE LAW,
SHALL IN NO EVENT EXTEND PAST THE EXPIRATION OF ANY WARRANTY PERIOD IN THIS AGREEMENT. SOME
STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION
MAY NOT APPLY IN SUCH STATES.
36.3. Limit of Liability. Except claims for Design-Builder’s obligation to indemnify for third-party claims under Section
33 and third-party indemnities to which either Party may be entitled under applicable law, notwithstanding any
other provision of this Agreement to the contrary, each Party’s total liability arising out of relating to this
Agreement shall in no event exceed the Total System Cost. For avoidance of doubt and without affecting any
other term hereof, claims made by Design-Builder’s employees or subcontractors or City’s employees are not
third-party claims, and any indemnity obligation of the City relating thereto will be limited as set forth in this
Section.
37. Permits and Licenses. Design-Builder and all Design-Builder's employees or agents shall secure and maintain in force, at
Design-Builder’s sole cost and expense, such permits and licenses as are required by law in connection with the
furnishing of materials, supplies, or services pursuant to this Agreement. At all times during the term of this Agreement,
Design-Builder shall possess a Class “A” or “C10” California contractor’s license.
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38. Assignment. The rights, burdens, duties, or obligations of each Party pursuant to this Agreement shall not be assigned by
the other without the prior written consent of the non-assigning party, which shall not be unreasonably withheld; except
that Design-Builder may collaterally assign this Agreement in connection with its corporate financing. Notwithstanding
any assignment, no Party will be released from its obligations under this Agreement unless consented to in writing by the
other Party in its sole discretion.
39. Subcontractors. If Design-Builder shall subcontract any part of this Agreement, Design-Builder shall be fully responsible
to City for acts and omissions of its subcontractors and of persons either directly or indirectly employed by itself. Nothing
contained in this Agreement shall create any contractual relationship between any subcontractor and City. PRIOR TO
ANY SUBCONTRACTOR PERFORMING ANY PORTION OF THE WORK ON CITY PREMISES, DESIGN BUILDER SHALL IDENTIFY
THE SUBCONTRACTOR BY PROVIDING THE CITY WITH ITS FULL LEGAL NAME, ADDRESS, AND CONTACT INFORMATION.
40. Compliance with Laws. Each party shall observe and comply with all applicable rules and regulations of the City and all
federal, state, and local laws, ordinances and regulations. Each party shall give all notices required by any law, ordinance,
rule and regulation bearing on its performance hereunder. If Design-Builder observes that any of the Work required by
this Agreement is at variance with any such laws, ordinance, rules or regulations, Design-Builder shall notify City, in
writing, and any necessary changes to the scope of the Work shall be made and this Agreement shall be appropriately
amended by agreement in writing, or in the event that a material change is required and the parties are unable to amend
the agreement after good faith efforts for not less than thirty (30) days, either Party may terminate this agreement,
subject to Section 33.5.
40.1. Design-Builder hereby acknowledges that City’s representative shall have authority to approve and/or stop Work
if the Design-Builder’s Work does not comply with the requirements of the Contract Documents, or any
applicable law or regulation, Design-Builder shall not be excused from its obligations hereunder, including
deadlines and liquidated damages, on account of its non-compliant Work.
41. Environmental Attributes and Energy Credits. City shall own all right, title, and interest associated with or resulting from
the development, construction, installation and ownership of the Systems and each of their component parts. This
ownership includes the production, sale, purchase or use of the energy output including, and includes without limitation:
41.1. All Environmental Incentives associated in any way with the solar electricity generating facilities provided by this
Agreement (“Generating Facilities”). “Environmental Incentives” means all rights, credits (including tax credits),
rebates, benefits, reductions, offsets and allowances and entitlements of any kind, howsoever entitled or named
(including carbon credits and allowances), whether arising under federal, state or local law, international treaty,
trade association membership or the like arising from the Generating Facilities or the energy produced or
otherwise from the development, construction, installation or ownership of the Generating Facilities or the
production, sale, purchase, consumption or use of the energy produced from the Generating Facilities. Without
limiting the forgoing, Environmental Incentives include green tags, renewable energy credits, tradable renewable
certificates, portfolio energy credits, the right to apply for (and entitlement to receive) incentives under the
California Solar Initiative or other incentive programs offered by the State of California or federal government and
the right to claim federal income tax credits under Section 45 or 48 of the Code as such credits are available
arising from the Environmental Attributes of the Generating Facilities or the energy produced from the
Generating Facilities or the production, sale, purchase, consumption or use of the energy produced from the
Generating Facilities.
41.2. All rights and interests in performance based incentive payments to be made under the California Solar Initiative.
41.3. All reporting rights and the exclusive rights to claim responsibility for the delivery of the energy from the
Generating Facilities.
41.4. All reporting rights and the exclusive rights to claim responsibility for the reductions in emissions of pollution and
greenhouse gases resulting from the generation and delivery of energy.
41.5. All carbon reduction credits as defined under the California Action Reserve or such similar definition as enacted
by the State of California or the U.S. Federal Government.
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41.6. All "renewable energy credits," as such term is defined in Section 399.12(h)(2) of the California Public Utilities
Code, associated with the Generating Facilities.
41.7. The proceeds of any and all other incentive programs available in relation to the Systems.
42. Disputes. In the event of a dispute between the parties as to performance of the Work, the interpretation of this
Agreement, or payment or nonpayment for work performed or not performed, the parties shall attempt to resolve the
dispute by those procedures set forth in Public Contract Code section 20104, et seq., if applicable. Design-Builder will
allow determination by the court of the State of California or federal court, with jurisdiction over San Bernardino County.
All claims of over $375,000, which are outside the scope of Public Contract Code section 20104, et seq., may be
determined by mediation if mutually agreeable, otherwise by litigation. The demand for mediation of any claim over
$375,000 shall be made within the required Notice of Claim submitted by the Design-Builder as set forth herein, or within
a reasonable time after written notice of the dispute has been provided by City to the Design-Builder.
In the event of a dispute between the parties described in this Section, pending resolution of the dispute(s), Design-
Builder agrees to and shall continue the undisputed portions of the Work diligently conditioned on City’s payment of
undisputed amounts. If the dispute is not resolved, Design-Builder agrees it will not stop, delay, or hinder progress of the
undisputed portions of the Work, but shall continue the Work diligently to completion of undisputed portions of work
conditioned on City’s payment of undisputed amounts.
43. Notice. Any notice required or permitted to be given under this Agreement shall be deemed to have been given, served,
and received if given in writing and either personally delivered or deposited in the United States mail, registered or
certified mail, postage prepaid, return receipt required, or sent by overnight delivery service, addressed as follows:
City
Rancho Cucamonga Fire Protection District
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
ATTN: Fire Chief
Email: don.cloughesy@CityofRC.us
Design-Builder
SolarCity Corporation
3055 Clearview Way
San Mateo, CA 94402
Attn: Contracts
Email: contracts@solarcity.com
Any notice personally given or sent by facsimile transmission shall be effective upon receipt. Any notice sent by
overnight delivery service shall be effective the next business day following delivery thereof to the overnight delivery
service. Any notice given by mail shall be effective three (3) days after deposit in the United States mail.
44. Governing Law. This Agreement shall be governed by and the rights, duties and obligations of the Parties shall be
determined and enforced in accordance with the laws of the State of California. The Parties further agree that any action
or proceeding brought to enforce the terms and conditions of this Agreement shall be maintained in the state or federal
courts with jurisdiction over the County of San Bernardino, California.
45. Severability. If any term, condition or provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force and effect, and shall not
be affected, impaired or invalidated in any way. If any statute referenced herein is rendered inapplicable by a succeeding
statute, the succeeding statute shall be deemed to supersede and replace the original statute.
46. Waiver. Any delay or forbearance in enforcing, or failure to enforce any term, covenant, or condition herein contained
shall not be deemed to be a waiver of such term, covenant, condition, or any subsequent breach of the same or any
other term, covenant, or condition herein contained.
47. Captions and Interpretations. Paragraph headings in this Agreement are used solely for convenience, and shall be
wholly disregarded in the construction of this Agreement. No provision of this Agreement shall be interpreted for or
against a party because that party or its legal representative drafted such provision, and this Agreement shall be
construed as if jointly prepared by the Parties.
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48. Incorporation of Recitals and Attachments. The Recitals and each Attachment attached hereto are hereby incorporated
herein by reference.
49. Cooperation. The Parties hereto hereby agree to execute all such other documents and to take all such other action as
may be reasonably necessary to effect the purposes of this Agreement.
50. Binding Contract. This Agreement shall be binding upon the parties hereto and upon their successors and permitted
assigns, and shall inure to the benefit of said parties and their successors and permitted assigns.
51. Authority to Bind Parties. Neither party in the performance of any and all duties under this Agreement, except as
otherwise provided in this Agreement, has any authority to bind the other to any agreements or undertakings.
52. No Rights in Third Parties. This Agreement does not create any rights in, or inure to the benefit of, any third party except
as expressly provided herein.
53. Signature Authority. Each party has the full power and authority to enter into and perform this Agreement, and the
person signing this Agreement on behalf of each Party has been properly authorized and empowered to enter into this
Agreement.
54. Counterparts. This Agreement and all amendments to it may be executed in counterparts, each of which shall be
deemed an original. A facsimile or electronic signature shall be deemed to be the equivalent of the actual original
signature. All counterparts so executed shall constitute one document binding all the Parties hereto.
55. Entire Contract. This Agreement sets forth the entire contract between the parties hereto and fully supersedes any and
all prior agreements, understanding, written or oral, between the parties hereto pertaining to the subject matter thereof.
This Agreement may be modified only in writing upon mutual consent. In the event of any conflict between the
provisions of this agreement and any incorporated document and any attachment or exhibit hereto, the provisions of this
agreement shall govern.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date indicated below.
CITY
Date: , 20__
By:
Print Name:
Print Title:
Address:
Telephone:
Facsimile:
E-Mail:
DESIGN-BUILDER
Date: , 20__
By:
Print Name:
Print Title:
License No.:
Address:
Telephone:
Facsimile:
E-Mail:
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Information regarding Design-Builder:
Proper Name:
License No.:
Address:
Telephone:
Facsimile:
E-Mail:
Type of Business Entity:
____ Individual
____ Sole Proprietorship
____ Partnership
____ Limited Partnership
____ Corporation, State:__________________
____ Limited Liability Company
____ Other:
_________________:
Employer Identification and/or Social Security
Number
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Attachment A-1
Site Information
Central Park:
The design consists of aesthetically pleasing multiple solar shade structures, which include a stain to all 64
bollards to match the accents of the building and a tile mosaic outfacing the 24 bollards at the beginning
and end of each row. Approximately half of the structures will cover the southern half parking lot and the
other half will cover the northern parking lot. Our current design utilizes both parking lots to hit the site’s
target production number at the least cost to the City. This design assumes that the soils at this site are
viable for installing said solar structures. The design utilizes 2,592 Tier 1 Trina Solar 310W PV modules
mounted on a 7˚ fixed tilt driven-pier solar shade structure system at 137˚ azimuth angle. The PV modules
are wired into 1000Vdc strings of 18 modules, and strings are fed into string inverters located on the shade
structure’s columns. The outputs of multiple inverters are then combined into a single AC load center. The
outputs of the load centers will placed in PVC conduit and trenched to a final AC combining switchgear. This
output of this switchgear will be routed through EMT conduit to the final point of interconnection. The final
location of this switchgear will be determined by a final site audit.
Epicenter:
The design consists of aesthetically pleasing multiple solar carport structures. Approximately half of the
structures will cover Parking Lot B parking lot and the other half will cover the Parking Lot C. Our current
design utilizes both parking lots to hit the site’s target production number at the least cost to the City. This
design assumes that the soils at this site are viable for installing said solar structures. The design utilizes
3,564 Tier 1 Trina Solar 310W PV modules mounted on a 7˚ fixed tilt driven-pier solar shade structure
system at 180˚ and 270˚ azimuth angles. The PV modules are wired into 1000Vdc strings of 18 modules,
and strings are fed into string inverters located on the shade structure’s columns. The outputs of multiple
inverters are then combined into a single AC load center. The outputs of the load centers will placed in PVC
conduit and trenched to a final AC combining switchgear. This output of this switchgear will be routed
through PVC conduit to a medium voltage step-up transformer. Medium voltage wire will be trenched in
PVC conduit to a step-down transformer close to the final point of interconnection. The final location of the
combining switchgear and transformers will be determined by a final site audit.
Design Overview Summary – Bid Submitted
Banyan Fire Station Central Park Day Creek Fire Station Epicenter Metrolink Station
kWDC 72.54 kW 803.52 kW 61.38 kW 1104.84 kW 100.44 kW
kWAC 51 kW 584 kW 46 kW 778 kW 69 kW
Module Model Trina Solar TSM-
310PD14
Trina Solar TSM-
310PD14
Trina Solar TSM-
310PD14
Trina Solar TSM-
310PD14
Trina Solar TSM-
310PD14
Module Power (W) 310 310 310 310 310 W
No. of Modules 234 2,592 198 3,564 324
Module Racking,
Method and
Supplier
MBL Solar Carport
and Shade
Structure
MBL Solar Carport RBI Ground Mount
and ZS Tile
MBL Solar Carport MBL Solar Carport
Tilt Angle 7 ˚ 7 ˚ 25/22˚ 7 ˚ 7 ˚
Azimuth Angle 180 ˚ 137 ˚ 180/270 ˚ 180/270 ˚ 224 ˚
Area covered ~5,000 ~55,000 ~4,300 ~72,000 ~6,900
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(Sq. ft.)
Inverter Model Solectria PVI 28TL,
Solectria PVI 23TL
Solectria PVI 28TL,
Solectria PVI 23TL
Solectria PVI 28TL,
Solectria PVI 23TL
Solectria PVI 28TL,
Solectria PVI 23TL
Solectria PVI 23TL
Inverter Power
(kW)
28 kW or
23 kW
28 kW or
23 kW
28 kW or
23 kW
28 kW or
23 kW
23 kW
Inverter Output
Voltage
480V 480V 480V 480V 480 V
No. Inverters 2 23 2 31 3
kWh/year 1 111,842 1,271,701 96,491 1,709,385 3,730,725
kWh/kW year 1 1542 1,583 1,572 1,547 1,581
25 year kWh 2,628,285 29,884,971 2,267,527 40,170,552 3,730,725
Key Design
Assumptions
• North section
(Area 1) will be
flattened to allow
for shade
structure.
• Weather station
budgeted in.
• Soils will support
driven-pier
racking system
• 480V Line Side
Tap style
Interconnection
• Both sections of
parking lot required
for kWh target
• Weather station
budgeted in.
• Soils will support
driven-pier racking
system
• 480V Line Side Tap
style Interconnection
• Weather station
budgeted in.
• Soils will support
pile-driven racking
system
• 480V Line Side Tap
style Interconnection
• Parking lot B and C
required for kWh
target
• Weather station
budgeted in.
• Soils will support
driven-pier racking
system
• Medium Voltage
step-up and step-
down transformer
required.
• 480V Line Side Tap
style
Interconnection
• Weather station
budgeted in.
• Soils will support
pile-driven racking
system
• 480V Line Side
Tap style
Interconnection
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Design Overview Summary – Post-Negotiations Final
Central Park Epicenter
kWDC 803.52 kW 1104.84 kW
kWAC 584 kW 778 kW
Module Model Trina Solar TSM-310PD14 Trina Solar TSM-310PD14
Module Power (W) 310 310
No. of Modules 2,592 3,564
Module Racking, Method and
Supplier
MBL Solar Carport MBL Solar Carport
Tilt Angle 7 ˚ 7 ˚
Azimuth Angle 137 ˚ 180/270 ˚
Area covered
(Sq. ft.)
~55,000 ~72,000
Inverter Model Solectria PVI 28TL,
Solectria PVI 23TL
Solectria PVI 28TL,
Solectria PVI 23TL
Inverter Power (kW) 28 kW or
23 kW
28 kW or
23 kW
Inverter Output Voltage 480V 480V
No. Inverters 23 31
kWh/year 1 1,271,701 1,709,385
kWh/kW year 1 1,583 1,547
25 year kWh 29,956,126 40,266,190
Key Design Assumptions • Both sections of parking lot required
for kWh target
• Weather station budgeted in with
DECK DAS
• Soils will support driven-pier racking
system
• 480V Line Side Tap style
Interconnection
• Includes aesthetic staining of all 64
bollards with tile mosaic on 24 of the
64
• Additional conduit for future use
• Parking lot B and C required for
kWh target
• Weather station budgeted in with
DECK DAS
• Soils will support driven-pier
racking system
• Medium Voltage step-up and step-
down transformer required.
• 480V Line Side Tap style
Interconnection
• Additional conduit for future use
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Attachment A-2
Design Specifications
In addition to any design specifications in the attachment A-2, the Central Park Solar Project includes: Stain all
the 64 round bollards to match the accents on the building; to affix the flower logo in a tile mosaic to 24
outfacing corner bollards.
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Solar PV System Technical Design Specifications and Requirements
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Table of Contents
1. Specifications and Requirements ......................................................................................................................... 1
1.1 Site Access ..................................................................................................................................................... 1
1.2 Project Management ..................................................................................................................................... 1
1.2.1 Project Manager ........................................................................................................................................ 1
1.2.2 Project Schedule ....................................................................................................................................... 1
1.2.3 Submittals ................................................................................................................................................... 2
1.2.4 Solar Incentives ......................................................................................................................................... 2
1.2.5 Design Review Process/ Phases ............................................................................................................ 3
1.2.6 Design-Builders’ License Classification ................................................................................................. 4
1.2.7 Design Submittals ..................................................................................................................................... 4
1.2.8 Technical Requirements ........................................................................................................................... 4
1.3 Procurement/Construction .......................................................................................................................... 14
1.3.1 Scope of Supply ....................................................................................................................................... 14
1.3.2 Materials and Equipment ........................................................................................................................ 14
1.3.3 Quality Assurance and Quality Control ................................................................................................ 15
1.4 Testing ........................................................................................................................................................... 15
1.4.1 System Commissioning .......................................................................................................................... 15
1.4.2 System Startup ........................................................................................................................................ 16
1.4.3 Proving Period (30 days) ........................................................................................................................ 17
1.5 Training.......................................................................................................................................................... 17
1.6 EDUCATIONAL PROGRAMS ................................................................................................................... 18
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1. Specifications and Requirements
1.1 SITE ACCESS
Design-Builder shall conform to City rules and requirements for accessing sites. Road usage, road
closures, number of vehicles, access points, etc., may be regulated by the City. Site visits shall be
approved and proper check-in requirements must be followed.
1.2 PROJECT MANAGEMENT
1.2.1 Project Manager
Design-Builder shall assign a Project Manager from their firm upon execution of the Agreement and
receipt of Notice to Proceed. The Project Manager shall manage all design, procurement,
construction, and commissioning phases of the Project. The construction of PV systems shall be
accomplished by Design-Builder with an on-site construction management team. The Project
Manager shall ensure that all contract, schedule, and reporting requirements of the Project are met
and shall be the primary point of contact for the City.
1.2.2 Project Schedule
A Project Schedule is to be prepared and submitted to the City within 14 days of Agreement
execution. The City will review and approve the Project Schedule prior to the initiation of work.
Updates shall be submitted every other week, though the City may allow less frequent updates at their
discretion. The submittal shall be a Critical Path Method (CPM) schedule describing all Project
activities, dependencies, and sequencing of tasks. In particular, Design-Builder shall include City
review of submittals on the Critical Path. The Project Schedule shall describe all elements of project
design, equipment procurement, construction and commissioning, and shall be submitted in electronic
format (MS Project or Primavera P6). Adobe Acrobat is not acceptable. The schedule shall also reflect
the requirement that construction activities must be coordinated to minimize impacts on normal
operations at each site, including ongoing construction activities.
Sufficient information shall be shown on the Project Schedule to enable proper control and monitoring
of the Work. The Project Schedule shall show the intended time for starting and completing each
activity; the duration of each activity; submittal and approval times; design; delivery of materials,
equipment and software; all testing; and other significant items related to the progress of the Work.
The Project Schedule shall include a CPM network diagram of sufficient detail to show how
Mandatory Milestones are intended to be met. If a schedule submitted by Design-Builder includes
changes affecting the achievement of Mandatory Milestones, Design-Builder should clearly identify
and justify those changes.
Additionally, the schedule should reflect timelines in compliance with CSI and RCMU incentive
programs. The City has reserved CSI incentives for the four sites serviced by SCE and the next CSI
deadline is the proof of project milestone step due by 9/16/15, verifying that there is an executed
contract in place and that the system size is accurately accounted for. No reservation is required for
RCMU incentives. Both incentive programs have specific requirements that will be the responsibility of
the Contractor to execute on behalf of the City.
Design-Builder is encouraged to phase the Work in a way that supports efficient and effective delivery
of design and build services. The following Mandatory Milestones shall be reflected in the schedule
and represents the dates upon which each milestone is to be achieved for all sites in the Agreement.
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Mandatory Milestone Date
Notice to Proceed Wednesday July 1, 2015
System Design Wednesday July 1 – Monday August 24,
2015
Construction Documents Approved Tuesday September 8, 2015
Construction Period Monday September 7 – December 2015
Utility Permission To Operate (PTO) Monday December 14, 2015
Commissioning December 14 – December 28, 2015
Substantial Completion Monday December 28, 2015
Warranty/O&M/Performance Guarantee Start Monday December 28, 2015
30 Day Proving Period December 28 – January 28, 2016
Final Completion Monday February 1, 2016
1.2.3 Submittals
Design-Builder shall provide the following submittals as part of the performance of the Work. The cost
of developing and providing submittals shall be included in the Project price.
Agreement Submittals
Submittal Submittal Date
I. System Design
a. System Design Documentation At each design milestone
b. Warranties At Construction Documents milestone
c. Testing Plan At Construction Documents milestone
d. Training Plan At Construction Documents milestone
e. Power production modeling At Construction Documents milestone
II. Procurements and Construction
a. Quality Assurance / Quality Control
(QA/QC) Plan 30 days before commencement of
construction
b. As-built Documentation After completion of Proving Period
III. Testing
a. System commissioning Results After System commissioning
b. Startup Test Results After Startup Test
c. Monitoring Data (Proving Period) Continually throughout Proving Period
d. Proving Period Report 30 days after System Startup
IV. Training
a. Training Materials 30 days before Training Session
b. Monitoring Manual 30 days before Training Session
c. Operations & Maintenance Manual 30 days before Training Session
1.2.4 Solar Incentives
If applicable, Design-Builder shall be responsible for City receipt of incentives, including all actions
necessary to ensure compliance with the Utility’s net metering program and all interconnection
agreements and related documents for the City participation and utilization of the benefits of the
program. Design-Builder shall attend all site verification visits conducted by the applicable utility or
Governmental Authority and shall assist the City in satisfying the requirements of the Rebate
Program. Design-Builder shall be responsible for providing updated documentation to Rebate
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Program administrators throughout the project, as required by rules of the relevant Rebate Programs.
All incentives shall be paid to the City and used to offset the cost of the project.
SYSTEM DESIGN
1.2.5 Design Review Process/ Phases
The City will review and approve design documentation based on the requirements in this RFP.
Additional documents may be requested by the City as needed. The precise organization and format
of the design submittals shall be agreed upon by Design-Builder and the City prior to the first design
submission. The City will review all submittals, provide written comments, and conduct Design Review
Meetings for each stage of the process. Design-Builder shall provide additional detail, as required, at
each successive stage of the Design Review. Design-Builder shall not order equipment and materials
until Schematic Design submittals have been approved. Design-Builder shall not begin construction
until Construction Documents have been approved and all required permits have been obtained. The
City will formally approve, in writing, each phase of the design and is the sole arbiter of whether each
phase of the design has been completed. The Design-Builder shall not enter a subsequent design
phase without the approval of the City.
Design-Builder shall be held solely responsible for obtaining approvals from the City, including
revising designs as necessary until they are given approval by the City and all other required entities
and organizations. A description of requirements for each design phase is provided below. System
design shall comply with all applicable laws, statutes, ordinances, codes, rules, and regulations for
construction projects of jurisdictions with authority over the City. Design-Builder is responsible for
providing designs approved by the appropriate professional engineers registered in the State of
California. System designs must take into account City aesthetic issues and not conflict with any
current City operations.
1.2.5.1 Schematic Design
Design-Builder shall prepare Schematic Design documents consisting of drawings and other
documents illustrating the scale and relationship of Project components, including but not limited to,
schematic design studies, site utilization plans, PV array layouts, a shading analysis, electrical single-
line diagrams, equipment lists and bills of material, identified interconnection point, and equipment cut
sheets or specifications. All issues with existing City equipment that may interfere with the
performance of the solar system or prevent the system from interconnection to the utility must be
identified at the time of the schematic design submittal. Owner is responsible for non-solar
infrastructure upgrades but necessary upgrades need to be identified early in the process (i.e.
transformers, switchgear, etc.).
1.2.5.2 Design Development
Design Development documents shall consist of elevations, cross sections, details and enlargements,
and other drawings and documents necessary to depict the design of the Project. This submittal shall
include architectural, civil, landscape, structural, geotechnical, mechanical and electrical design
documents and equipment specifications to illustrate the size, character, and quality of the Project and
demonstrate that it meets the performance specifications defined in this RFP. The Design
Development documents shall represent 100% of the intended scope for the Project.
1.2.5.3 Construction Documents
Design-Builder shall prepare Construction Documents (CDs) depicting the detailed construction
requirements of the Project. CDs shall conform to all applicable governmental, regulatory, and code
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requirements, and all pertinent federal, state, and local permitting agencies. The CDs shall show the
work to be done, as well as the materials, workmanship, finishes, and equipment required for the
Project. CDs shall comply with and illustrate methods to achieve the performance specifications of this
RFP. CDs shall be stamped by the engineer of record and any other required engineering disciplines.
System production will be updated to reflect final design. This production will be used for the
Production Guarantee. The same assumptions will be used to establish as the original estimate.
1.2.6 Design-Builders’ License Classification
In accordance with the provisions of California Public Contract Code §3300, the City requires that
Respondents possess, at the time of submission of a Proposal, at the time of award of the Agreement
and at all time during construction activities, a General Contractor License (A) and Electrical
Contractor License (C-10). It shall be acceptable for a Respondent that does not possess a C-10
License to list a Subcontractor with a C-10 License. A Solar Contractor License (C-46) is desired in
addition, but not mandatory.
1.2.7 Design Submittals
Design-Builder shall prepare a comprehensive submittal package for each phase of the Work that will
be reviewed and approved by the City. Each submittal package shall include, at a minimum, the
required elements that convey in sufficient detail for each phase of the design, the necessary
documentation as follows:
• Site Layout Drawings
• Construction Specifications (trenching, mounting, etc.)
• Equipment Layout Drawings
• Detailed Drawings
• Fire Access Lane Details (For the parking lot.)
• Single-Line Diagrams
• Network Connection Diagrams
• Architectural Drawings
• Mechanical Drawings
• Geotechnical Drawings
• Manufacturer’s Cut Sheets
• Equipment Specifications
• Data Acquisition System (DAS) Specifications, Cut Sheets, and Data Specifications
Design-Builder shall include adequate time for City review and approval of submittals, as well as re-
submittals and re-reviews. Minimum City review time shall be ten (10) days from the date of receipt of
each submittal package during each phase of the Design Review.
1.2.8 Technical Requirements
1.2.8.1 General Considerations
All documentation and components furnished by Design-Builder shall be developed, designed, and/or
fabricated using high quality design, materials, and workmanship meeting the requirements of the City
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and all applicable industry codes and standards. Reference is made in these specifications to various
standards under which the Work is to be performed or tested. The installations shall comply with at
least, but not limited to, the latest approved versions of the International Building Code (IBC), National
Electrical Code (NEC), Utility Interconnection Requirements, and all other federal, state, and local
jurisdictions having authority.
1.2.8.2 Existing Conditions
Design-Builder shall have thirty (30) days after the Contract has been executed to conduct detailed
examinations of the Site(s). The examinations will confirm all measurements, specifications and
conditions affecting the Work to be performed at the Site(s). Design-Builder shall request specific
changes to the Services, Work, Guaranteed Substantial Completion Dates, Scheduled Final
Completion Dates and Total System Price that are required in light of such examinations. Design-
Build should include switchgear condition, transformer size, high voltage electrical lines, easements,
underground utilities, etc. into the investigation.
1.2.8.3 Electrical Design Standards
The design, products, and installation shall comply with at least, but not limited to, the following
electrical industry standards, wherever applicable:
• Electronic Industries Association (EIA) Standard 569
• Illumination Engineering Society of North America (IESNA) Lighting Standards
• Institute of Electrical and Electronics Engineers (IEEE) Standards
• National Electrical Manufacturers Association (NEMA)
• National Electric Code (NEC)
• Insulated Power Cable Engineers Association (IPCEA)
• Certified Ballast Manufacturers Association (CBMA)
• Underwriters Laboratories, Inc. (UL)
• National Fire Protection Association (NFPA)
• Utility(s) Requirements
• American National Standards Institute (ANSI)
• Occupational Health and Safety Administration (OSHA)
• American Disabilities Act (ADA)
• American Society for Testing and Materials (ASTM)
• National Electrical Contractors Association (NECA)
• National Electrical Testing Association (NETA)
• International Building Code (IBC)
• All other Authorities Having Jurisdiction
1.2.8.4 Modules
In addition to the above, the PV modules proposed by Design-Builder shall comply with at least, but
not limited to, the following:
• IEEE 1262 “Recommended Practice for Qualifications of Photovoltaic Modules”.
• Modules shall be new, undamaged, fully warranted without defect.
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• Modules shall comply with the State of California SB1 Guidelines for Eligibility, listed at:
http://www.gosolarcalifornia.org/equipment/pv_modules.php
• Modules shall have minimum maintenance requirements and high reliability, have a minimum
25-year design life, and be designed for normal, unattended operation.
• All PV modules for this project shall be classified by the solar finance industry as Tier 1.
• Acceptable mounting methods for unframed modules shall be provided by the manufacturer.
Bolted and similar connections shall be non-corrosive and include locking devices designed to
prevent twisting over the 25-year design life of the PV system.
• If PV modules using hazardous materials are to be provided, then the environmental impact of
the hazardous material usage must be disclosed, including any special maintenance
requirements and proper disposal/recycling of the modules at the end of their useful life.
1.2.8.5 Inverters
In addition to the above, inverters proposed by Design-Builder must comply with at least, but not
limited to the following:
• Inverters shall be suitable for grid interconnection and shall be compliant with all Utility
interconnection requirements.
• Inverters shall comply with the State of California SB1 Guidelines for Eligibility, listed at:
http://www.gosolarcalifornia.org/equipment/inverters.php
• IEEE 929-2000 – “Recommended Practice for Utility Interface of Photovoltaic Systems”.
• Inverters must automatically reset and resume normal operation after a power limiting
operation.
• The inverter shall be capable of continuous operation into a system with voltage variation of
plus or minus 10% of nominal. The inverter shall operate in an ambient temperature range of -
20°C to +50°C.
• Inverters shall include all necessary self-protective features and self-diagnostic features to
protect the inverter from damage (in the event of component failure or from parameters
beyond normal operating range due to internal or external causes). The self protective
features shall not allow the inverters to be operated in a manner which may be unsafe or
damaging.
• Inverters shall be true sine wave high frequency PWM with galvanic isolation.
• Inverters shall be sized to provide maximum power point tracking for voltage and current range
expected from PV array for temperatures and solar insolation conditions expected for Project
conditions.
• Inverters shall be capable of adjusting to "sun splash" from all possible combinations of cloud
fringe effects without interruption of electrical production.
• Isolation transformers shall be provided.
• Inverters shall be UL 1741 and IEEE 1547 compliant.
• Inverters shall have a THD < 5%.
• Enclosures shall be rated NEMA 3R when the inverter is located outdoors. For outdoor
installations in corrosive environments, NEMA 4X series 300 stainless steel enclosures must
be used.
• Power factor shall be 0.99 or higher.
• Inverter selection shall take into account anticipated noise levels produced and minimize
interference with City activities.
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• Inverters shall have a minimum efficiency, based on the device’s power rating, meeting the
following specifications:
Inverter Efficiency Requirements
Inverter Power Rating
Range Minimum Efficiency
1000+ kW 96%
500-999 kW 97%
250-499 kW 96.8%
100-249 kW 95.8%
50-99 kW 94.5%
0-49 kW 93.5%
1.2.8.6 Ground Mount Systems
The ground mounting systems shall be designed and installed such that the PV modules may be fixed
or tracking with reliable components proven in similar projects, and shall be designed to resist dead
load, live load, corrosion UV degradation, wind loads, and seismic loads appropriate to the geographic
area over the expected 25-year lifetime. The Design-Builder’s design shall sufficiently respond to the
design requirements imposed by Federal, State, and local jurisdictions in effect at the time of
Agreement execution and any pending code decisions affecting the design shall be identified during
Schematic Design. Design-Builder shall conduct an analysis, and submit evidence thereof, including
calculations, of each structure affected by the performance of the scope. The analysis shall
demonstrate that existing structures are not compromised or adversely impacted by the installation of
PV, equipment, or other activity related to this scope. Mounting systems must also meet the following
requirements at a minimum:
• All structural components, including array structures, shall be designed in a manner
commensurate with attaining a minimum 25-year design life. Particular attention shall be given
to the prevention of corrosion at the connections between dissimilar metals.
• Thermal loads caused by fluctuations of component and ambient temperatures shall be
accounted for in the design and selection of mounting systems such that neither the mounting
system nor the surface on which it is mounted shall degrade or be damaged over time.
• Each PV module mounting system must be certified by the module manufacturer as (1) an
acceptable mounting system that shall not void the module warranty, and (2) that it conforms
to the module manufacturer’s mounting parameters.
• Final coating and paint colors shall be reviewed and approved by the City during Design
Review.
• Painting or other coatings must not interfere with the grounding and bonding of the array.
1.2.8.7 Shade Structure Requirements
Design-Builder will be responsible for incorporating the following elements in the design and
construction of the System:
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• All shade structures shall be installed with a fascia surrounding the exposed edge of the
structure’s purlins.
• Shade structures and carports shall be designed in a manner to compliment and blend with
the site and building architecture of each of the five project locations. The design-builder will
be responsible to coordinate with the City early in the process to present conceptual drawings
for review.
• Appurtenant equipment, including, but not limited to, inverter boxes and conduits, shall be
screened from view to the maximum extent practical. Where design constraints do not permit
screening, appurtenant equipment shall be painted to match the structure.
• Shade structures located in parking lots shall have a concrete bollards installed on support
posts. The bollards shall extend up to a minimum elevation of 30” above finished grade.
• Efforts should be made to minimize loss of parking spaces. City Where site constraints permit,
zero parking space loss shall be the design goal.
• Shade structure columns, beams, and fascia shall be painted to match site colors or to a color
of the City’s approval.
• Shade structures/carports shall have a minimum nine (9’) foot vertical clearance with the
exception of Fire Stations, which shall have a minimum fourteen (14’) foot vertical clearance in
areas identified.
• Shade structures and all attached equipment shall be designed and installed so as to minimize
the ability to climb structures.
• Shade structures shall be installed such that the finished height of the array is uniform and is
subject to the City’s approval at design submittal.
• Carport structural foundations shall be designed in accordance with preliminary geotechnical
data. Foundations are assumed to be 12’ deep and 3’ above grade.
• Designs shall be refined by Design-Builder based on site specific investigations performed
with borings co-located within proposed array locations.
1.2.8.8 System Security Requirements
Design-Builder shall:
• Utilize tamper-resistant PV module to rack fasteners for all PV module mounting.
• Utilize tamper-resistant fasteners for all electrical fittings, pull boxes and other enclosures.
• Design the solar system so that sensitive components are as protected against vandalism as
possible.
• Position inverter on/off switches so that they are not easily accessible while still maintaining
fire code.
1.2.8.9 Corrosion Control
• Each PV system and associated components must be designed and selected to withstand the
environmental conditions of the site (e.g., temperatures, winds, rain, flooding, etc.) to which
they will be exposed.
• Particular attention shall be given to the prevention of corrosion at the connections between
dissimilar metals.
1.2.8.10 Ancillary Equipment Enclosures
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Design-Builder will be responsible for incorporating the following elements in the design and
construction of the System:
• Screening/Fencing: all ancillary equipment shall be grouped to a single location per site and
shall be surrounded by a fence or wall to prevent unauthorized access and shall be screened
from view to the maximum extent practical. Fence or wall enclosures shall be designed to
complement the surrounding materials and site conditions. Where design constraints do not
permit screening, appurtenant equipment shall be painted to match the structure, excluding
inverters.
• Location: all ancillary equipment shall be located in a manner that minimizes its impact to
normal City operations and minimizes the visual impacts to the site.
1.2.8.11 Lightning and Surge Protection
• Design-Builder shall utilize lightning arrestors to protect appropriate equipment from lightning
strikes.
• Design-Builder shall utilize surge suppressors to protect the appropriate equipment from electrical
surges.
1.2.8.12 Wiring and Cabling Runs
• Design-Builder shall layout and install all AC conductors in conduit.
• Conduit buried underground shall be suitable for the application and compliant with all
applicable codes. PVC shall be constructed of a virgin homopolymer PVC compound and be
manufactured according to NEMA and UL specifications. All PVC conduit feeders shall contain
a copper grounding conductor sized per NEC requirements and continuity shall be maintained
throughout conduit runs and pullboxes. Minimum conduit size shall be ¾”. A tracing/caution
tape must be installed in the trench over all buried conduit. All underground conduits placed in
trenches, buried under roadways, or swales shall be encased with red dyed concrete slurry
cap.
• Conduit installed using horizontal directional boring (HDB), shall include tracer tape or
traceable conduit. The minimum depth of the conduit shall be per NEC 2011 Article 300.5. The
Design-Builder is responsible for demonstrating that all conduits installed utilizing horizontal
boring meets the minimum depth requirement and is solely responsible for any remediation
costs and schedule impacts if the specification is not met. The HDB contractor must provide
documentation of final depth and routes of all conduit installed in horizontal bores.
• Conduit installed on building roofs shall not be installed near roof edges or parapets to reduce
visibility. Any conduit penetrations through roof surfaces shall not be made within five (5) feet
of the roof edge to reduce visibility. If conduit is installed on the exterior face of any building, it
shall be painted to match the existing building color. In all cases, the visible impact of conduit
runs shall be minimized and the design and placement of conduit shall be reviewed and
approved by the City as part of Design Review.
• Electro-metallic tubing (EMT) shall be used in indoor, above grade locations and where
conduit needs to be protected from damage. EMT shall not be installed underground,
outdoors, or embedded in concrete. EMT shall be cold-rolled zinc coated steel and be
manufactured to UL and ANSI standards. Fittings shall be watertight and malleable gripping
ring compression type. Pressure cast material for nuts of compression ring type fittings and
set-screw type connections are not acceptable.
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• Galvanized Rigid Conduit (GRC) shall be used where exposed to weather or where subject to
physical damage in exposed areas. GRC shall be continuous hot-dipped galvanized
manufactured per UL and ANSI requirements. Rigid aluminum conduit is not acceptable.
Conduit bodies for use with steel conduit, rigid or flexible, shall be manufactured per UL
requirements and shall be cast metal with gasketed closures. Fittings for GRC conduit shall be
malleable iron or forged steel with cadmium or zinc coating. Union couplings for joining rigid
conduit at intermediate runs shall be of the same material as the conduit. Couplings shall be
threaded concrete-tight to permit completing conduit runs when neither conduit can be turned
and to permit breaking the conduit run at the union. Set screw connectors are not acceptable.
• Minimum conduit size shall be ¾”.
• All conduits, boxes, enclosures, etc. shall be secured per NEC 690 requirements.
• All conductors shall be insulated copper rated for 100V, maximum. DC conductors shall be
USE-2 1000V UL Listed Sunlight resistant wire.
• All items shall be U.L. listed and shall bear the U.L. label.
• All spare conduits shall be cleaned, mandrelled, and provided with a pullwire. Spare conduits
shall be required for security cameras for ground mount systems.
• All feeders and branch circuits shall be sized to minimize voltage drop and losses and shall be
in compliance with NEC requirements.
• Design-Builder shall furnish, install, and connect combiners and recombiners as necessary to
complete the System. Enclosures for combiners and recombiners shall be NEMA 4 or 4X
rated.
• All systems, conduit, boxes, components, etc. shall be grounded and bonded per NEC
requirements and in accordance with Section 1.2.9.15.
• Design-Builder will be responsible for locating, identifying and protecting existing underground
utilities conduits, piping, substructures, etc. and ensuring that no damage is inflicted upon
existing infrastructure.
• Design Builder shall install the exposed string cable homeruns along the beams or structure
where the combiner box is installed.
• All exposed string wiring must be installed above the lower surface of the structural purlins and
beams. Wire loops under framing members are not acceptable.
1.2.8.13 Grounding and Bonding
• Module ground wiring splices shall be made with irreversible crimp connectors.
• All exposed ground wiring must be routed above the lower surface of any structural framing.
• For shade structure installations, grounding electrode conductors shall be bonded to structure
columns either just below grade or below the top surface of concrete bollards.
1.2.8.14 System Security Requirements
• Design-Builder shall utilize tamper-resistant PV module to rack fasteners for all PV module
mounting.
• Design-Builder shall utilize tamper-resistant fasteners for all electrical fittings, pull boxes and
other enclosures.
1.2.8.15 Meters
• Design-Builder shall supply and install Utility approved a Net Generation Output Meter
(NGOM) for each PV system.
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• Generation Meters shall use Internet Protocol (IP) communication and shall not require a
custom network for connection.
• Generation Meters shall have the capability to store metered data (including instantaneous
kW, kWh, voltage, current, and phase information) in fifteen (15) minute intervals and retain
such information for at least seven (7) days.
1.2.8.16 Shade Structure Lighting
• Installation of shade structure PV systems in all locations shall include and the installation of
new security high efficiency lighting. Installation of shade structure PV systems shall include
the removal of existing security light poles, foundations, and fixtures that are no longer
effective.
• Lighting shall be LED lighting or other similar energy efficient lighting system.
• New parking lot fixtures shall be installed to provide parking lot illumination compliant with
IESNA requirements or recommendations for illumination and safety.
• Minimum horizontal illuminance of one (1) foot-candle shall be maintained at ground level with
a uniformity ratio (maximum to minimum) of 15:1.
• The new lighting is required to illuminate the entire parking area and adjacent pedestrian
walkways affected by the removal of existing lights, not just the area under the PV modules.
• A photometric illumination plot must be submitted for each parking lot showing all existing
lighting and proposed new SSS canopy lighting.
• Submit California Title 24 Outdoor Lighting calculations with all lighting drawings and show
evidence of compliance.
Photocell controls shall be used in conjunction with a lighting control system for all exterior lighting
and energize lighting when ambient lighting levels fall below two (2) foot-candles measured
horizontally at ground level. Lighting shall also be permitted to operate manually without regards to
photocell input. Replacement parking lot lighting shall be served from an existing parking lot lighting
circuit and any existing circuits and existing control function shall be maintained, or if replaced, done
so at the approval of the City.
1.2.8.17 Monitoring System, DAS, and Reporting
Design-Builder shall design, build, activate and ensure proper functioning of Data Acquisition Systems
(DAS) that enable the City to track the performance of the PV Systems as well as environmental
conditions through an online web-enabled graphical user interface and information displays. Design-
Builder shall provide equipment to connect the DAS via existing Wi-Fi network or cellular data network
at all locations. The means of data connection will be determined during design. The City will pay for
the cost of cellular data service if needed, but not for the modem or other equipment needed to
connect to the cellular network.
The DAS(s) shall provide access to at least the following data:
• Instantaneous AC system output (kW)
• PV System production (kWh) over pre-defined intervals that may be user configured
• AC and DC voltage
• Horizontal and in-plane irradiance (at least three (3) sensors for each, at different positions in
the array)
• Ambient and back-of-cell temperature (at least two (2) sensors for each, at different positions
in the array)
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• Inverter status flags and general system status information
• System availability
• Site Load information. Available load data for the meter the system is connected to shall be
collected by the solar monitoring solution as part of the DAS.
Environmental data (temperatures, wind speed, and irradiance) shall be collected via an individual
weather station installed for each system at the City.
Data collected by the DAS shall be presented in an online web interface, accessible from any
computer through the Internet with appropriate security (e.g., password controlled access). The user
interface shall allow visualization of the data at least in the following increments: 15 minutes, hour,
day, week, month, and year. The interface shall access data recorded in a server that may be stored
on-site or remotely with unfettered access by the City for the life of the Project. The online interface
shall enable users to export all available data in Excel or ASCII comma-separated format for further
analysis and data shall be downloadable in at least 15 minute intervals for daily, weekly, monthly and
annual production.
The Monitoring system shall enable City staff to diagnose potential problems and perform remediating
action. The monitoring system shall provide alerts when the system is not functioning within
acceptable operating parameters. These parameters shall be defined during the design phase of the
Project and specified in the DAS design document.
Additionally, Design-Builder shall provide the following reports for the life of the Project:
• Monthly Production report shall be available online to the City personnel.
• Annual Performance report shall be sent electronically to the City personnel.
• System performance data shall be made available electronically to the City in a format and at
a frequency to be determined during the Design Review process.
• Additional reports shall be made available to the City to assist the City in reconciling system
output with utility bills and the production guarantee, as determined in the Design Review
process.
A Monitoring Manual shall be provided to the City in printed or on-line form that describes how to use
the monitoring system, including the export of data and the creation of custom reports.
1.2.8.18 Wind Loads
Solar structures and its connection shall be designed for a minimum wind speed Vasd 85 miles per
hour and Vult 110 miles per hour in accordance with table 1609.3.1 of the 2013 CBC or current
edition. The Wind Exposure shall be Surface Roughness C.
1.2.8.19 Other Considerations
• All Balance of Systems (wiring, components, conduits, and connections) must be suited for
conditions for which they are to be installed.
• Local DC and AC disconnects shall be located in accessible locations near inverters.
• Outdoor enclosures shall be rated NEMA 3R, NEMA 4, or NEMA 4X.
1.2.8.20 Permits and Approvals
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Design-Builder shall produce required documentation in sufficient detail to obtain all regulatory
approvals requested for design, construction and operation of the system, including but not limited to
all federal, state, and local permits. Local permits shall include land use entitlements from the
Planning Department (Site Development Review) and Building Permits from the Building and Safety
Department and Fire District. Securing all approvals, all permits and paying all fees shall be the sole
responsibility of Design-Builder. To that end, Respondent shall provide a design that is acceptable to
the state, county, and local authorities having jurisdiction over this project. The proposed design shall
be suitable for construction under the guidelines and regulations in effect at the time the Agreement is
executed. The City will not accept responsibility for cost increases or delays resulting from inaccurate
interpretation of existing codes and standards.
1.2.8.21 FAA Requirements
Design-Builder shall be responsible to submit the appropriate FAA Form 7460-1, along with any other
required forms and documentation, for all proposed PV systems within the approach or takeoff paths
or on the property of airports as defined by the Code of Federal Regulations Title 14 Part 77.9.
1.2.8.22 Interconnection
Design-Builder is responsible for obtaining all necessary Utility interconnection approvals for each PV
system being installed. Design-Builder must comply with all interconnection requirements, such as
CPUC Rule 21 for the Utility service territory. Design-Builder is responsible for the proper planning
and scheduling of interconnection approvals and any potential interconnection study. Systems
installed as part of this project will take advantage of Net Energy Metering (NEM) and Aggregate Net
Energy Metering (ANEM). Design-Builder shall be responsible for ensuring the system design and
interconnection qualifies for NEM and ANEM.
1.2.8.23 Production Modeling
Production modeling of the PV systems shall be performed using PVSYST or equivalent modeling
software using the most appropriate available TMY3 weather data. The simulations shall accurately
simulate energy production for proposed system layouts, sizes, and orientation. It is critical that PV
production models are accurate with all methodology and assumptions described. The City will
independently verify production models are accurate to the designed systems and utilize simulation
results for economic evaluations. Design-Builder shall be responsible for updating the production
models each time sufficient changes are made to the proposed system designs that will impact
production.
1.2.8.24 Shading
Design-Builder shall adhere to the following requirements in order to avoid excessive shading on
modules. For any object near an array that is higher than the lowest point of that array by height H,
Design-Builder shall locate the array farther from the object than:
• 3H to the North of the object
• 3H to the East or West of the object
• 3H to any non-cardinal direction of the object
Any Design-Builder whose system design does not adhere to these rules shall perform a shading
analysis justifying the basis for their design, including any proposed tree removal, and explaining why
shading does not create an adverse performance and/or economic impact.
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Any trees that are in the footprint of systems to be installed by the Design-Builder shall be removed by
the Design-Builder at their expense, subject to the approval of the City. A tree shall be considered to
be in the footprint of a system if its canopy would extend over any part of the system, including
structural components or modules. The City will remove or prune, at its discretion, trees planted
outside of the work area that shade PV systems (at present time or in the foreseeable future),
provided the Design-Builder identifies these trees during the design process. The Design-Builder shall
be responsible for any required tree remediation efforts resulting from tree removal.
1.2.8.25 Warranties
Design-Builder shall provide a comprehensive ten (10) year warranty on all system components
against defects in materials and workmanship under normal application, installation, and use and
service conditions.
Additionally, the following minimum warranties are required:
• PV Modules: The PV modules are to be warranted against degradation of power output. PV
modules used in this project shall have at least a 20-year product warranty from the
manufacturer from the date of sale. After the 20 year warranty period at least 70% of the
original output shall be
• d.
• Inverter: The inverter shall carry an extended warranty of at least ten (10) years.
• Meters: At minimum, meters shall have a one (1) year warranty. For meters integrated in
inverters, the meter warranty period must match the inverter.
• Mounting system: twenty (20) year warranty, covering at least structural integrity and
corrosion.
• Balance of system components: the remainder of system components shall carry
manufacturer warranties conform to industry standards.
All work performed by Design-Builder must not render void, violate, or otherwise jeopardize any
preexisting City facility or building warranties or the warranties of system components.
1.3 PROCUREMENT/CONSTRUCTION
1.3.1 Scope of Supply
Design-Builder shall provide all necessary labor, materials, equipment, and services required to install
complete integrated turnkey PV systems. Design-Builder shall supply all solar modules, mounting
equipment, inverters, AC and DC disconnect switches, metering, related wiring, monitoring
equipment, and all ancillary equipment necessary to install the PV system and interconnect it to the
City electrical distribution system. The PV system installations shall comply with all contract
requirements, technical specifications, approved design documents, and applicable regulatory codes
and requirements. Design-Builder shall submit As-Built Construction Drawings in hard copy with four
(4) sets and an electronic copy in DWG format on compact disc to the City after completion of the
Proving Period for each system at each site.
1.3.2 Materials and Equipment
Materials and equipment incorporated in the Work shall be new and suitable for the use intended. No
material or equipment shall be used for any purpose other than that for which it is designed, specified
or indicated.
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Design-Builder shall use means necessary to protect the materials and equipment before, during and
after installation. Design-Builder shall promptly replace lost or damaged materials and equipment with
equal, or City-approved, replacements, or repair them, at no additional cost to the City.
1.3.3 Quality Assurance and Quality Control
Design-Builder shall implement a Quality Assurance / Quality Control (QA/QC) plan for construction
activities on City sites. At least 30 days prior to the planned commencement of construction, Design-
Builder shall submit a copy of the QA/QC Plan for review and approval by the City.
To ensure the highest quality of the installation, Design-Builder shall:
• Implement policies and procedures to ensure proper oversight of construction work,
verification of adherence to construction documents and contractual requirements, and rapid
identification and mitigation of issues and risks.
• Utilize best practice methods for communicating progress, performing work according to the
approved Project schedule, and completing the Project on-time.
• Keep the Site clean and orderly throughout the duration of construction. All trash and rubbish
shall be disposed of off-site by licensed waste disposal companies and in accordance with
applicable Law.
• Provide equipment marking, as well as labeling and signage for the Project that shall be
removed after Project completion.
• Fully comply with all applicable notification, safety and Work rules (including City safety
standards) when working on or near City facilities.
• Route all electrical collection system wiring and conduits in a neat and orderly fashion and in
accordance with all applicable code requirements. All cable terminations, excluding module-to-
module and module-to-cable harness connections, shall be permanently labeled.
• Provide all temporary road and warning signs, flagmen or equipment as required to safely
execute the Work. Street sweeping services shall also be provided as required to keep any
dirt, soil, mud, etc. off of roads. Comply with all state and local storm water pollution prevention
(SWPP) ordinances.
1.4 TESTING
Following completion of construction, Design-Builder shall provide the following services related to
startup and performance testing of the PV systems:
• System commissioning
• System Startup
• Proving Period
A detailed Testing Plan covering each of the phases above shall be submitted and approved by the
City prior to substantial completion of construction. A detailed description of each phase is provided
below.
1.4.1 System Commissioning
Design-Builder shall perform a complete system commissioning for each PV System. The system
commissioning procedures include component tests as well as other standard tests, inspections,
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safety and quality checks. All testing and commissioning shall be conducted in accordance with the
manufacturer’s specifications.
The section of the Testing Plan that covers System commissioning shall be equivalent or superior to
both the CEC (California Energy Commission) “Guide to Photovoltaic (PV) System Design and
Installation”, Section 4 and ASTM International Standards E2848 and E2939. The testing plan shall
cover at least the following:
• Detailed test methods, including sample calculations and reference to standards as required or
applicable, and list of tested equipment.
• Pre-test checklist to ensure readiness and any safety measures are in-place.
• Details of all necessary adjustments, balancing, required equipment isolation or configuration,
test equipment and instruments, calibration, and personnel needed.
• Acceptance Criteria: For each test phase, specifically indicate what is considered an
acceptable test result.
The System commissioning section of the Testing Plan shall include (but not be limited to) the
following tests:
• String-level testing for all PV strings.
• Inverter testing for all inverters. The inverters shall be commissioned on-site by a qualified
technician and shall confirm that the inverter can be operated locally per specification and that
automatic operations such as wake-up and sleep routines, power tracking and fault detection
responses occur as specified.
• Testing of all sensors of the DAS.
• Testing of the Data Presentation interface of the DAS.
After Design-Builder conducts all System commissioning based on the Testing Plan approved by the
City prior to substantial completion, Design-Builder shall submit a detailed System commissioning
Report to the City for review.
The System Commissioning Report shall document the results of the tests conducted following the
Testing Plan, and include additional information such as the date and time each test was performed. It
shall also make reference to any problem and deficiencies found during testing. If there was
troubleshooting done, the Report shall describe the troubleshooting methods and strategy. Design-
Builder shall be responsible for providing the labor and equipment necessary to troubleshoot the
System.
1.4.2 System Startup
Following City approval of the System commissioning Report, Design-Builder shall conduct tests over
twenty-four (24) hours and at a time resolution of fifteen (15) minutes, recording the following data:
• Average AC output (kW)
• Average DC output (kW)
• Hourly PV system production (kWh)
• AC and DC voltage
• Horizontal and in-plane irradiance
• Ambient and cell temperature
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• Inverter status flags and general system status information
These data points shall be presented in a manner that best depicts the actual performance of the
system for City review and approval and shall be submitted as part of the Startup Test Report.
1.4.3 Proving Period (30 days)
Upon completion of system commissioning, utility permission to operate (PTO), and System Startup,
and approval by the City, Design-Builder shall monitor the system during a thirty (30) day Proving
Period and submit a report for City review and approval prior to final acceptance by the City. This
includes monitoring system output and ensuring the correct functioning of system components over
this time. The values for the following data shall be acquired every fifteen (15) minutes over thirty (30)
days:
• AC system output (kW)
• PV system production (kWh)
• AC and DC voltage
• Horizontal and in-plane irradiance
• Ambient and cell temperature
• Inverter status flags and general system status information
• System availability
Design-Builder shall utilize calibrated test instruments and the DAS and monitoring system to collect
the test data described above, which shall be made available to the City for access throughout the
Proving Period. Pyranometers must be properly cleaned and provide irradiance measurements within
5% of one another. Design-Builder shall determine through analysis of data from the Proving Period
whether the PV system delivers the expected production as determined by the final approved design
(i.e., Construction Documents). Expected production calculation methodology must be described and
the calculations provided. Actual production shall be compared against expected production using
actual weather data and other system inputs (such as module cell temperature factor, module
mismatch, inverter efficiency, and wiring losses) for calculating expected production. The production
figures for all meters, whether existing or installed by or on behalf of the IOU or by or on behalf of the
Respondent, shall be correlated during this test to verify their accuracy in measuring system
production.
If the PV system does not perform to design specifications, diagnostic testing shall be performed by
Design-Builder, deficiencies shall be identified with proposed corrective actions submitted to the City,
and the Proving Period test repeated. Design-Builder shall be responsible for providing the labor and
equipment necessary to troubleshoot the system. The Proving Period Report shall be submitted after
the successful completion of this phase and submitted to the City for review and approval. The report
shall contain, but not be limited to, the following information; calculations shall be provided in Excel
format with formulas visible to allow for peer review:
• System description
• Test period
• Test results
• Anomalies identified during test
• Corrective action performed
• Actual measured performance
• Calculations detailing expected performance under TMY conditions
1.5 TRAINING
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The Respondent shall provide twelve (12) hours of on-site training for City personnel in all aspects of
operation, routine maintenance, and safety of the PV systems, DAS, and monitoring solution.
At a minimum, training topics shall include the following:
• PV system safety, including shut-down procedures
• PV module maintenance and troubleshooting
• Structural elements maintenance and repair guidelines
• Inverter overview and maintenance procedures
• Calibration and adjustment procedures for the inverters and tracking systems (if any)
• Solar panel replacement
• DAS and monitoring solution, including standard and custom reporting
Design-Builder shall submit a proposed Training Plan during the design process for approval and
provide all training materials and manuals to support on-site training in advance of scheduled training
sessions (see schedule of submittals in Section 2.2.3, “Submittals”). The on-site portion of the training
program shall be scheduled to take place at the jobsite at a time agreeable to both the City and
Design-Builder.
1.6 EDUCATIONAL PROGRAMS
Design-builder may offer an educational program consisting of the following elements:
• Community Outreach for project
• Frequently Asked Questions (FAQ)
• On-Site Informational Signage
• Informational brochure and project specifics
The educational program shall leverage the installed solar systems as well as available data from the
DAS and monitoring systems. Optional educational programs may also be deployed.
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Exhibit A-3
Limited Warranty
1. Work Warranty. SolarCity warrants as follows:
(a) the Work shall be (i) free from defects in assembly and workmanship, and be new, unused, and
undamaged when installed; (ii) in compliance with the requirements of this Agreement; and (iii) in
compliance with all applicable Laws; and
(b) the Work will be performed (i) in a good and workmanlike manner, (ii) in accordance with the
requirements of this Agreement, and (iii) in compliance with all applicable Laws.
Collectively (a) and (b) are the “Work Warranty.”
2. Work Warranty Period. The Work Warranty shall commence on the date of interconnection and shall
continue until and expire upon the tenth (10th) anniversary of the date of interconnection (such applicable
period, the “Work Warranty Period”); provided, however, that if Work is repaired or replaced pursuant to
the Work Warranty, then the Work Warranty Period with respect to such component shall continue until the
later of (i) the expiration of the Work Warranty Period or (ii) one (1) year from the date of completion of
such repair or replacement.
3. Roof Warranty. If SolarCity penetrates the Facility roof in performing the installation services under the
Purchase and Installation Agreement SolarCity will warrant roof damage it causes to areas that are within a
three (3) inch radius of its roof penetrations. This roof warranty will run the longer of (i) one (1) year
following the Substantial Completion Date; and (ii) the remainder of any existing installer’s warranty on
the Facility's roof where such installation was made in accordance with manufacturer’s specifications (the
“Roof Warranty”) (the “Roof Warranty Period”).
4. Repair Promise. If any failure or breach of the Work Warranty or the Roof Warranty occurs prior to the
end of the Work Warranty Period or the Roof Warranty Period (as applicable), upon notice from Customer
or Contractor otherwise becoming aware of such failure or breach, Contractor, at its sole cost and expense
(including the cost of materials, transportation, labor and equipment), will as soon as reasonably
practicable, repair or replace the Work, or take some other corrective action to cause the Work to conform
to the Work Warranty or the Roof Warranty (as applicable). SolarCity may use new or reconditioned parts
when making such repairs or replacements. SolarCity may also, at no additional cost to Customer, upgrade
or add to any part of the System to ensure that it performs according to the Warranty set forth in this
Agreement.
5. Exclusions from the Warranties. The Work Warranty and Roof Warranty do not apply to any repair,
replacement or correction required due to the following:
(a) materials and equipment covered by Manufacturer Warranties;
(b) someone other than SolarCity or its approved service providers installed, removed, re-installed or
repaired the System;
(c) destruction or damage to the System or its ability to safely produce energy not caused by
SolarCity or its approved service providers while servicing the System (e.g., a tree falls on the
System);
(d) Customer's failure to perform, or breach of, Customer's obligations hereunder. (such as if
Customer modifies or alters the System);
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(e) Customer's breach of this Agreement including being unavailable to provide access or assistance
to us in diagnosing or repairing a problem or failing to maintain the System as stated in the Solar
Operation and Maintenance Guide;
(f) any Force Majeure Event for the duration of the event (as defined below);
(g) a power or voltage surge caused by someone other than SolarCity including a grid supply voltage
outside of the standard range specified by the utility;
(h) shading from foliage that is new growth or is not kept trimmed to its appearance on the date the
System was installed;
(i) any System Failure not caused by a System defect (e.g., such as making roof repairs);
(j) theft of the System;
(k) Customer’s failure to only have the System repaired pursuant to this Limited Warranty and
reasonably cooperate with the person performing the repairs when repairs are being made;
(l) Use of the System to heat a swimming pool; or
6. This Agreement gives you specific rights, and the Customer may also have other rights which vary from
state to state. This Agreement does not warrant any specific electrical performance of the System. Specific
energy performance of the system is addressed in the Performance Guarantee Agreement. Upon receipt of
payment in full of the Contract Price, Contractor hereby assigns to Customer all warranties provided by
suppliers of materials included in the System (e.g., PV modules, inverters, racking) (“Manufacturer
Warranties”).
7. SolarGuard. During the Work Warranty Period, SolarCity will provide Customer, at no additional cost the
SolarGuard Monitoring Service (“SolarGuard”). SolarGuard is a proprietary monitoring system designed
and installed by SolarCity that captures and displays historical energy generation data over an Internet
connection and consists of hardware located on site and software hosted by SolarCity. The SolarGuard
service requires a high speed Internet line to operate. Therefore, during the Work Warranty Period,
Customer agrees to maintain the communication link between SolarGuard, the System and the Internet.
Customer agrees to maintain and make available, at Customer cost, a functioning indoor Internet
connection with one available wired Ethernet port and standard AC power outlet within eighty (80) feet of
the System’s AC/DC inverter(s). This communication link must be a 10/100 Mbps Ethernet connection
that supports common internet protocols (TCP/IP and DHCP).
8. Maintenance and Operation. Except for honoring Work Warranty and Roof Warranty claims, SolarCity will
have no obligation to service, operate or maintain the System. SolarCity will provide Customer with a
copy of SolarCity’s Solar Operation and Maintenance Guide. This guide provides Customer with System
operation and maintenance instructions, answers to frequently asked questions, troubleshooting tips and
service information.
9. Claims Process. Customer can make a claim under the Work Warranty or Roof Warranty by (a) emailing
SolarCity at the email address on the first page of this Agreement; (b) writing SolarCity a letter and sending
it overnight mail with a well-known service; or (c) sending SolarCity a fax at the number on the first page
of this Agreement.
10. Transferable. SolarCity will accept and honor any valid and properly submitted Work Warranty or Roof
Warranty claim made during the applicable warranty period by any person who purchases the System from
Customer, provided that either (i) the System is not relocated from the Premises in connection with such
purchase, or (ii) Customer engages SolarCity, as an Additional Service, to relocate the System from the
Premises to a new site.
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11. Scope of Additional Services. Customer agrees that if (i) the System needs any repairs that are not the
responsibility of SolarCity under this Agreement, (ii) the System needs to be removed and reinstalled to
facilitate remodeling of the Facility or (iii) the System is being relocated to another Facility pursuant to this
Warranty (collectively, items (i) - (iii) are "Additional Services"), Customer will have SolarCity, or
another similarly qualified service provider, at Customer's expense, perform such repairs, removal and
reinstallation, or relocation on a time and materials basis.
12. Approved Service Providers. Customer's retention of a third party to perform Additional Services that is
not qualified to perform such Additional Services will void the Work Warranty and the Roof Warranty. To
prevent voiding the Work Warranty and the Roof Warranty, Customer should obtain the written consent of
SolarCity prior to engaging a third party to perform Additional Services. If Customer engages a third party
service provider to perform Services without the prior consent of SolarCity, Customer does so at the risk
that SolarCity will subsequently determine such service provider was not qualified to perform the
Additional Services.
13. The “Purchase and Installation Agreement” shall mean and refer to the “Agreement for Design,
Installation, and Commissioning of the Solar Photovoltaic System” between the City and SolarCity.
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Attachment B.2
Proposer:
Site: Central Park Epicenter Cumulative
System Information:
System Size (kWdc) 803.52 1,104.84 1,908.36
Shade Structure System Size (kWdc) 803.52 1,104.84 1,908.36
Rooftop Mounted System Size (kWdc) -
Ground Mounted System Size (kWdc) -
System Output (kWh)* 1,271,701 1,709,385 2,981,086
*Totaled from 8760 Generation Worksheet
Ownership System Pricing
Subtotal Capital Costs $ 1,900,148.59 $ 2,607,080.41 $ 4,507,229.00
Operations and Maintenance Costs:
Year One Operation & Maintenance Cost $ 18,135.38 $ 21,596.28 $ 39,731.66
O&M Escalator 3.00% 3.00%
Performance Guarantee Costs:
20 Year Performance Guarantee Costs: $ 68,136.54 $ 56,275.77 $ 124,412.31
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PREVAILING WAGE CERTIFICATION
I hereby certify that I will conform to the applicable State of California Public Works Contract requirements
regarding prevailing wages, benefits, on-site audits with 48-hours’ notice, payroll records, and apprentice and
trainee employment requirements, for all Work on the above Project.
Date:
Name of Design-Builder:
Signature:
Print Name:
Title:
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WORKERS’ COMPENSATION CERTIFICATION
Labor Code section 3700 in relevant part provides:
Every employer except the State shall secure the payment of compensation in one or more of the
following ways:
a. By being insured against liability to pay compensation by one or more insurers duly authorized to
write compensation insurance in this state.
b. By securing from the Director of Industrial Relations a certificate of consent to self-insure, which
may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to
self-insure and to pay any compensation that may become due to his employees.
I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against
liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code,
and I will comply with such provisions before commencing the performance of the Work of this Agreement.
Date:
Name of Design-Builder:
Signature:
Print Name:
Title:
(In accordance with Article 5 - commencing at section 1860, chapter 1, part 7, division 2 of the Labor Code, the
above certificate must be signed and filed with the awarding body prior to performing any Work under this
Agreement.)
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ASBESTOS & OTHER HAZARDOUS MATERIALS CERTIFICATION
Design-Builder hereby certifies that no Asbestos, or Asbestos-Containing Materials, or polychlorinated
biphenyls (PCBs), shall be furnished, installed, or incorporated in any way into the Project, or otherwise
deposited at the project site. Further, Design-Builder shall comply with all applicable environmental
laws and laws pertaining to hazardous materials, including federal state and local laws and regulations
promulgated thereunder, in connection with the design and construction of the Systems.
Design-Builder further certifies that it has instructed its employees with respect to the above-mentioned
standards, hazards, risks, and liabilities.
All Work or materials found to be hazardous material-containing equipment not in compliance with
applicable law as described above will be immediately rejected and this Work will be removed at Design-
Builder's expense at no additional cost to City.
Date:
Name of Design-Builder:
Signature:
Print Name:
Title:
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AGREEMENT FOR DESIGN, INSTALLATION AND COMMISSIONING
OF SOLAR/PHOTOVOLTAIC PROJECT
This Agreement for Design, Installation and Commissioning of Solar/Photovoltaic System (“Agreement”) is made as of
August ____, 2015 between the DistrictRancho Cucamonga Fire Protection District, a subsidiary district (“District”) and SolarCity
Corporation a Delaware Corporation (“Design-Builder”) (together, “Parties”). The solar/photovoltaic systems to be procured
pursuant to this Agreement are sometimes collectively referred to herein as the “Project.” The Project consists of two discrete
solar photovoltaic “Systems,” at two discrete District locations.
A. Through this Agreement, District intends to procure engineering, system design, fabrication, and related
services necessary to construct and install photovoltaic solar systems that will result in energy savings to District and which shall
be a supply of energy to District.
B. The Design-Builder shall engineer, design, and construct the Project pursuant to this Agreement and all
specifications and requirements incorporated herein.
In consideration of the covenants and conditions contained in this Agreement, the parties agree as follows:
1. Services. Design-Builder shall furnish to District all labor, equipment, material, and services set forth in this Agreement
and as otherwise required to complete all design, engineering, construction, testing and interconnection of the Systems,
along with all related appurtenances, fixtures, and furnishings, as described in Attachment A-1 “Site Information” and
Attachment A-2 “Design Specifications,” attached hereto and incorporated herein by this reference (collectively,
“Services” or “Work”). All work shall be performed in a good and workmanlike manner, free from material defects, and
free from any and all material liens, stop notices and claims from mechanics, material suppliers, subcontractors, artisans,
machinists, teamsters, freight carriers, and laborers (except such as may arise from District’s wrongful failure to pay).
The Systems shall be constructed and installed at Two sites within the District as set forth in the Site Information and
Design Specifications (collectively and individually, “Site” or “Sites” herein.)
2. Completion Date. Design-Builder shall commence providing the Services upon being provided not later than September
7, 2015 with a written “Notice to Proceed” by District, and will diligently perform such Services and Work as described
herein and as otherwise required to achieve Substantial Completion of the Systems (as defined below) on or before
February 15, 2016, (the “Guaranteed Substantial Completion Date”) and Final Completion of the Systems (as defined
below) on or before March 28, 2016 (the “Scheduled Final Completion Date”). All milestones assume single move-in and
mobilization. If the District requires phasing, the Parties will cooperate to equitably adjust the milestones. The
Guaranteed Substantial Completion Date and the Scheduled Final Completion Date shall each be extended on a day for
day basis due to (i) any Force Majeure Event, (ii) action or delay in the Services or Work that results directly from any
action or omission of District.
2.1. Force Majeure. If Design-Builder is unable to perform all or some of its obligations under this Agreement because
of a Force Majeure Event affecting Design-Builder or a third party, Design-Builder will be excused from whatever
performance is affected by the Force Majeure Event; provided that (i) Design-Builder, as soon as is reasonably
practical, gives Customer notice describing the Force Majeure Event; and (ii) Design-Builder’s suspension of its
obligations is of no greater scope and of no longer duration than is required by the Force Majeure Event. “Force
Majeure Event” means any event, condition or circumstance beyond the control of and not caused by Design-
Builder’s fault or negligence. It shall include, without limitation, failure or interruption of the production, delivery
or acceptance of electricity due to: an act of god; war (declared or undeclared); sabotage; riot; insurrection; civil
unrest or disturbance; military or guerilla action; terrorism; economic sanction or embargo; civil strike, work
stoppage, slow-down, or lock-out; explosion; fire; earthquake; volcanic eruption, abnormal weather condition or
actions of the elements; hurricane; flood; lightning; wind; the binding order of any governmental authority
(provided that such order has been resisted in good faith by all reasonable legal means); the failure to act on the
part of any governmental authority (provided that such action has been timely requested and diligently pursued);
unavailability of electricity from the utility grid, equipment, supplies or products; failure of equipment not utilized
by Design-Builder or under its control. Design-Builder shall not be required to incur costs to mitigate a Force
Majeure Event.
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2.2. Substantial Completion. Substantial Completion means that each of the following has been achieved in
accordance with the requirements of this Agreement and each of the documents described in Section 5 below:
2.2.1. Mechanical Completion- defined as the point at which all work of every kind necessary to make the
System usable for its intended function is actually complete and any and all fire/life safety systems are
completely installed and fully operational;
2.2.2. Transmission Capability- defined as the point at which all of the electrical systems and all other
infrastructure necessary to achieve interconnection of the System with District’s facilities and the public
electrical utility’s electricity transmission system, as applicable, are fully energized and functioning
properly, including, without limitation, accurate functioning of all related electricity meters; and
2.2.3. Design-Builder has performed the appropriate testing to confirm that the System is capable of operating
safely in accordance with all applicable Laws. “Laws” means any applicable Law, statute, regulation,
rule, decision, writ, order, decree, or judgment, or any interpretation thereof, promulgated or issued by
federal, State, municipal, local, or administrative authorities.
2.3. Punch List. Upon achieving Substantial Completion, Design-Builder shall provide District with a list of items still
outstanding which are necessary to complete the System in accordance with this Agreement and the related
specifications and to achieve Final Completion (“Punch List”). Within five (5) working days after receipt of a
proposed Punch List, District shall either (a) approve the Punch List or (b) request that certain amendments or
modifications be made to the Punch List. If there is a disagreement, the Parties shall meet and negotiate in good
faith and seek to agree on and execute an amended Punch List to be completed by the Design-Builder before
Final Completion (defined below) is achieved. From the date of Design-Builder’s submission of the proposed
Punch List, the Scheduled Final Completion Date will be extended day-for-day until District approves the Punch
List.
2.4. Final Completion. Final Completion shall occur after Substantial Completion, when each of the following has
been achieved in accordance with the requirements of the Contract Documents:
2.4.1. All Punch List items are completed in accordance with the terms of the Design Specifications;
2.4.2. All required training as detailed in Attachment A-2 has occurred; all documentation as detailed in
Attachment A-2 has been provided to District, including, without limitation, final record drawings in
Auto-CAD format that reflects and incorporates all as-built revisions and comments and operation and
maintenance manuals;
2.4.3. Testing, defined as testing of all components and subsystems comprising the System in accordance with
the requirements of this Agreement with all results thereof meeting the requirements set forth herein,
and acceptance by District of the successful testing; and
2.4.4. Receipt by District of the Permission to Operate letter from the Utility Company; provided, that the
Scheduled Final Completion Date will be extended day-for-day, to account for delays by the Utility
Company;
2.5. District’s Acceptance of Work. Upon achievement of Substantial Completion and Final Completion, as
applicable, Design-Builder shall deliver notice thereof to District. District shall inspect the Work and notify
Design-Builder that either (a) Substantial Completion or Final Completion has been achieved or (b) Substantial
Completion or Final Completion has not been achieved, and stating in reasonable detail the particular Work that
remains to be performed by Design Builder. In either event the applicable notice from District shall be delivered
within fifteen (15) calendar days from the next regularly scheduled District Council meeting after receipt of the
notice from Design-Builder. If District notifies Design-Builder that the relevant Work has not been completed,
Design-Builder shall take action to promptly complete the relevant Work and shall deliver to District a notice
once completed. This procedure shall be repeated until the relevant Work is accepted by District. From the date
that Design-Builder provides notice of Substantial Completion and Final Completion Date, the Guaranteed
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Substantial Completion Date and the Scheduled Final Completion Date, as applicable, will be extended day-for-
day until the District approves such milestone hereunder.
2.6. The Project shall be deemed complete for purposes of Public Contract Code section 7107 only upon acceptance
by District’s District Council of Final Completion.
3. Liquidated Damages. Time is of the essence for both Parties’ obligations under this Agreement. It is hereby understood
and agreed that it is and will be difficult and/or impossible to ascertain and determine the actual damage that District will
sustain in the event of and by reason of Design-Builder's delay; therefore, Design-Builder agrees that it shall pay to
District the sums of:
Banyan FS: $40/day
DayCreek FS: $34/day
as liquidated damages for each and every day delay beyond the Guaranteed Substantial Completion Date that Design-
Builder delays issuing notice of Substantial Completion to the District.
Notwithstanding the foregoing, in each case, the liquidated damages to be paid hereunder shall not to exceed 10% of the
price of the applicable System. Liquidated damages will apply and be calculated on a System-by-System basis; such that if
liquidated damages become due in respect of one System, such event will not, in itself, trigger liquidated damages for
any other System. Further, liquidated damages will not be payable on account of delays by District or by parties not
under Design-Builder’s control, including the applicable utility (including delays in issuing approvals required hereunder),
and the Guaranteed Substantial Completion Date will be extended day-for-day on account of such delays.
It is hereby understood and agreed that this amount is not a penalty, but is a reasonable estimate of the damages that
District will incur.
In the event any portion of the liquidated damages is not paid to District, District may deduct that amount from any
money due or that may become due the Design-Builder under this Agreement (but may not offset against any other
agreement between District and Design-Builder), District may seek recovery of Liquidated Damages from the Design-
Builder’s Performance Bond Surety and/or District may seek recovery of Liquidated Damages from the Design-Builder or
the Performance Bond Surety without having exhausted remedies against the other.
4. Grants/Rebates/Incentives. Design-Builder shall use commercially reasonable efforts to support District in obtaining or
maintaining grants/rebates/incentives for the Systems. Design-Builder shall use commercially reasonable efforts to
support District in obtaining an extension for the rebates, if allowed and if necessary. Any and all
grants/rebates/incentives available for District’s construction of the Systems shall belong solely to the District and/or
shall be assigned by Design-Builder to the District in their entirety. While Design-Builder makes good faith efforts to
estimate Federal, State and local rebates, actual rebates are subject to change based on Federal, State and local Laws and
regulations in effect from time to time. Rebate rates may even change after the execution of this Agreement or after a
rebate is reserved. In any case, Customer shall pay Design-Builder the full amount of the Total System Price.
5. Submittal of Documents. All of Design-Builder’s obligations under this Agreement are conditioned on approval by the
District of all documentation, including but not limited to, the performance bond, payment (labor and material) bond, the
certificate(s) and affidavit(s), and the endorsement(s) of insurance required as indicated below (the “Contract
Documents”):
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Signed Agreement
Noncollusion Affidavit
Prevailing Wage Certification (if applicable)
Workers’ Compensation Certification
Insurance Certificates and Endorsements
Performance Bond
Payment Bond
Project Schedule
System Description
Scope of Work
Solar Operation and Maintenance Agreement
Performance Guarantee Agreement
Request for Proposal (RFP) issued March 9, 2015
Design-Builders Proposal dated April 17, 2015
The above-referenced, fully executed Contract Documents, all of which are incorporated herein by reference (except for
the Solar Operation and Maintenance Agreement and the Performance Guarantee Agreement, which are separate
agreements), shall be presented to District for approval within fourteen (14) days after execution of the Agreement, if
not already included in this Agreement. Design-Builder shall not begin any work until receipt of that approval. If notice
of approval or rejection is not received within thirty (30) days after delivery of all Contract Documents to District, such
failure will be a deemed rejection, and Design-Builder may terminate this Agreement without liability.
6. Compensation. As full and complete compensation for the Work and all other obligations of Design-Builder set forth
herein, District shall pay to the Design-Builder the NOT-TO-EXCEED amount of _Four Hundred Forty Three Thousand Two
Hundred Sixty Nine Dollars and Eighty One Cents ($443,269.81) (“Total System Price”) including applicable sales tax of
8.0%. Attachment A-2 sets forth the specific components of the System, including all components to be constructed at
each separate Site, and the “lump sum” amount for all Work at each Site, including but not limited to all labor, materials,
equipment and supplies. The Total System Price will be equitably adjusted: (i) for delays caused by the Customer; (ii) for
Changes in the Work; (iii) as provided in Section 13, if Design-Builder’s site investigation, reveals that an increase in the
Contract Price is necessary; or (iv) in connection with a Change Order.
7. Expenses. There are no reimbursable expenses. District shall not be liable to Design-Builder for any costs or expenses
paid or incurred by Design-Builder in performing the Services District, except as may be agreed between the Parties in
connection with a Change Order.
8. Payment. The Total System Price shall be paid in periodic partial payments (each a “Payment”) in accordance with this
section.
Payment 1: Five (5) % of the Total System Price upon the execution of this Agreement;
Payment 2: Fifteen (15) % of the Total System Price upon Customer’s approval of the Design Documents;
Payment 3: Thirty (30) % of the Total System Price upon delivery of PV Modules by Design-Builder;
Payment 4: Forty (40) % of the Total System Price upon mid-construction (specifically, upon completion of PV Module
installation into mounting structures) by the Design-Builder; and
Payment 5: Ten (10) % of the Total System Price upon Final Completion.
Processing of Progress Payments; Retention: District shall pay to Design-Builder a sum equal to ninety (90) % of each
progress payment listed above. The remaining ten (10) % of such amounts shall be held as the Retention Amount and
shall be released in accordance with Public Contract Code section 7107.
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8.1. Option for Escrow or Securities in Lieu of Retention. Pursuant to the requirements of Public Contract Code
Section 22300, upon Design-Builder's request within ten (10) days of execution of this Agreement, District will
make payment to Design-Builder of any earned retention funds withheld from payments under this Agreement if
Design-Builder deposits with District or in escrow with a California or federally chartered bank acceptable to
District, securities eligible for the investment pursuant to Government Code Section 16430 or bank or savings and
loan certificates of deposit.
8.1.1. Conditions upon such deposit include the following:
8.1.1.1. Design-Builder shall be the beneficial owner of any securities substituted for retention funds
withheld and shall receive any interest thereon.
8.1.1.2. All expenses relating to the substitution of securities under said Section 22300 and under this
Article 8.2, including, but not limited to District’s overhead and administrative expenses, and
expenses of escrow agent shall be the responsibility of the Design-Builder.
8.1.1.3. If Design-Builder shall choose to enter into an escrow agreement, such agreement shall be in
the form as set forth in Public Contract Code section 22300 and which shall allow for the
conversion to cash to provide funds to meet defaults by the Design-Builder including, but not
limited to, termination of the Design-Builder's control over the Work, stop notices filed
pursuant to law, assessment of liquidated damages or amount to be kept or retained under
the provisions of the Contract Documents.
8.1.1.4. Securities, if any, shall be returned to Design-Builder only upon satisfactory completion of the
Agreement.
8.1.2. In the alternative, under Section 22300, Design-Builder, at its own expense, may request District to
make payment of earned retention funds directly to the escrow agent. Also at the expense of Design-
Builder, Design-Builder may direct investment of the payments into securities, and Design-Builder shall
receive the interest earned on the investment upon the same conditions as shown in paragraph (a) for
securities deposited by Design-Builder. Upon satisfactory completion of the Agreement, Design-Builder
shall receive from the escrow agent all securities, interest and payments received by the escrow agent
from District, pursuant to the terms of Section 22300.
8.1.3. If any provision of this Article 8.1 shall be found to be illegal or unenforceable, then, notwithstanding,
this Article 8.1 shall remain in full force and effect, and such provision shall be deemed stricken or
revised to comply with Section 22300.
8.2. Waiver and Release upon Payment. Each Progress Payment shall be conditioned upon Design-Builder providing
to District with a conditional waiver and release of claims for payment upon payment from the Design-Builder
and each of its subcontractors and materials suppliers in the form required by Civil Code Section 8132, covering
all sums requested in such Progress Payment Application, and an unconditional waiver and release of claims for
payment from each party, in the form required by Civil Code Section 8134, covering sums disbursed pursuant to
the most recently preceding Progress Payment Application. Failure to provide either a conditional waiver and
release, or unconditional waiver and release shall result in the subject sums being in dispute, and thus withheld
from payment.
8.3. Corrective Work and Progress Payment. Design-Builder shall not be entitled to payment for non-conforming
work performed, so long as any lawful or proper direction concerning that non-conforming work or any portion
thereof given by District (which direction does not modify the agreed scope of work hereunder) lacks correction
by Design-Builder.
8.4. Title to Delivered Materials. Title to new materials and/or equipment for the Work of this Agreement shall vest
in District upon achievement of Final Completion; except that intellectual property rights will be allocated as set
forth in Section 11. Except for risk of loss as described below, responsibility for such new material and/or
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equipment for the Work of this Agreement shall remain with Design-Builder until incorporated into the Work and
accepted by District pursuant to this Agreement; no part of said materials and/or equipment shall be removed
from its place of storage except for immediate installation in the Work of this Agreement. Design-Builder shall
maintain all course of construction and other insurance as necessary in the reasonable judgment of Design-
Builder to protect said equipment and Work. District shall not become responsible for risk of loss or other
insurable risk until District’s acceptance of Final Completion of the Project. Nothing in this section shall limit the
Design-Builder’s liability for repair, maintenance or replacement of any material and/or equipment for the Work
of this Agreement resulting from any breach of this Agreement or pursuant to any warranty or guaranty.
9. Independent Contractor. Design-Builder, in the performance of this Agreement, shall be and act as an independent
contractor. Design-Builder understands and agrees that neither it nor any of its employees shall be considered officers,
employees, agents, partner, or joint venture of District, and is not entitled to benefits of any kind or nature normally
provided employees of District and/or to which District's employees are normally entitled, including, but not limited to,
State Unemployment Compensation or Worker's Compensation. Design-Builder shall assume full responsibility for
payment of all federal, state and local taxes or contributions, including unemployment insurance, social security and
income taxes with respect to Design-Builder's employees. Design-Builder shall be liable for its own actions, including its
negligence or gross negligence, and shall be liable for the acts, omissions, or errors of its agents, employees,
subcontractors, and any other persons or entities performing work on Design-Builder’s behalf.
10. Standard of Care. Design-Builder shall perform its obligations under this Agreement using its prudent professional skill
and judgment, acting with due care and in accordance with the standard of care applicable to the Work and Services to
be provided by Design-Builder, the covenants, terms and conditions of this Agreement, and all applicable Laws, including,
without limitation, the applicable provisions of the California Building Code (Title 24), the California Code of Regulations,
the Utility Company Interconnection Requirements, District’s Design Guides and Technical Specifications, and the laws,
regulations and policies of all other federal, state, and local jurisdictions having authority. Design-Builder represents and
warrants that it is fully experienced in projects of the nature and scope of work required herein, and that it is properly
qualified, licensed and equipped to supply and perform the Work. The Work completed herein must meet the approval
of District as set forth herein, and shall be subject to District’s general right of inspection and supervision to secure the
satisfactory completion thereof, all as provided herein.
11. Intellectual Property. All reports, plans, specifications, field data and notes and other documents, including all
documents on electronic media, prepared by Design-Builder are instruments of service, and shall remain the property of
Design-Builder. Notwithstanding the foregoing sentence, Design-Builder shall supply District with final, as-built design
diagrams and such other System design drawings and documentation as Design-Builder generates and can reasonably
transfer to District (“Design Documents”); and District shall have a worldwide, freely-assignable, sublicensible license to
use such Design Documents without compensation to Design-Builder. Design-Builder will have no right to charge District
for the Design Documents, for using the Design Documents, or for modifying the design of the System.
12. District’s Responsibilities. Design-Builder shall not be responsible for the malfunctioning or inadequacy of existing
electrical equipment and materials at the System or Site, including but not limited to the main electrical service panel,
any major electrical devices, or any other fuses or similar devices not discovered and resolved pursuant to site
examination as referenced in Section 14. Design-Builder shall not be responsible for any Site conditions Customer
decides not to repair. Design-Builder shall not be responsible for any delays or expense related to unanticipated, unusual
or unforeseen conditions including but not limited to roof or structure conditions, subsurface conditions, underground or
aboveground water, gas, or sewage pipes, electrical or cable lines or transformers or any other physical or material
hindrance to the installation not discovered and resolved pursuant to site examination as referenced in Section 14. Upon
discovery of such conditions, District shall remediate them or, at District’s option, compensate Design-Builder for the
costs of such remediation plus a reasonable fee.
13. Notice to Proceed. After the executed Contract Documents are submitted to District and approved in accordance with
Section 5, District shall provide a Notice to Proceed to Design-Builder for design work, at which time Design-Builder shall
proceed with the design Work. After the design Work is approved by District, District shall provide a separate Notice to
Proceed to Design-Builder at which time Design-Builder shall proceed with the construction Work. Notwithstanding the
foregoing, the timing set forth in the agreed Project Schedule shall prevail over any inconsistent terms in this paragraph.
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14. Site Examination. Within fourteen (14) days after receipt by Design-Builder of Payment 1, Design-Builder will conduct
examinations of each Site and confirm all measurements, specifications and conditions affecting the Work to be
performed at the Site. Following these site examinations (which will include underground surveys), Design-Builder shall
either (a) provide written notification to District that it has made Site examination(s) that it deems necessary as to the
condition of the Site, its accessibility for materials, workers and utilities, and Design-Builder’s ability to protect existing
surface and subsurface improvements, or (b) request specific changes to the Services, Work, Guaranteed Substantial
Completion Date, Scheduled Final Completion Date and Total System Price that are required in light of such
examinations. If District does not agree with these changes, District or Design-Builder may terminate the Agreement
within thirty (30) Business Days of receipt of such request, without liability to either Party except that District shall be
entitled to receive a refund of Payment 1 paid by the District at execution of this Agreement.
14.1. District shall furnish all necessary Site surveys describing the physical characteristics, soils reports and subsurface
investigations, legal limitations, utility locations, and a legal description to the extent they exist. Design-Builder
acknowledges that any and all conditions disclosed therein, are known to Design-Builder (collectively, the
“Disclosures”). The Parties agree to use commercially reasonable efforts to use the Alternates, if any, expressly
set forth in Attachment A-2, in the event that a System, if built as proposed, would be deemed inadequate or
imprudent according to sound engineering judgment consistent with the Standard of Care under Section 10. In
the event that the site examination reveals that soils conditions are substantially and materially different from
the information made available by the District, and neither the System or any alternate system would be deemed
adequate or prudent according to sound engineering judgment consistent with the Standard of Care under
Section 10, District may terminate by written notice, all further Work (but shall pay Design-Builder for all such
Work performed as of the effective date of such termination as provided in Section 32.4), and/or eliminate from
the Scope of Work, that specific site pursuant to Section 20, or may negotiate with Design-Builder in good faith to
identify an alternate location for, or other alternatives for a solar photovoltaic array of equal or better
characteristics which shall not exceed the Total System Price. For such purposes, Design-Builder agrees and
acknowledges that it knows and assumes, and is deemed to know and assume, that the conditions at the Sites
comport with the least benign conditions disclosed, in the information on soils conditions in the Request for
Proposals from District, and/or on file in District’s offices, all consistent with the Standard of Care under Section
10. Design-Builder is relying on all Disclosures provided by District and as revealed by the Design Builder’s
underground surveys.
14.2. Disclaimer of Warranty. District does not warrant the soils or geological conditions at the Site. Any information
on the soils and geotechnical conditions of the Site is expressly understood to reflect the professional judgment
of the entity that prepared it based on limited sampling and observation and may not be comprehensive or
accurate in any of its findings or implications. Design-Builder is fully responsible to ascertain all Site conditions
for the purposes of determining construction means and methods and costs of construction of the Systems.
14.3. Existing Utilities. Design-Builder shall be responsible for the investigation of the Site with respect to any
underground utilities including, without limitation, trunk, mainline and service utilities. It shall be the
responsibility of Design-Builder to determine, within reason, the exact location of all utilities using an
underground utility/facility location service if necessary. If appropriate in Design-Builder’s reasonable judgment,
Design-Builder shall make its own reasonable investigations, including exploratory excavations, to determine the
locations and type of service connections, prior to commencing Work which could result in damage to such
utilities.
14.4. Hazardous Materials. Should Design-Builder or any other party encounter or disturb hazardous materials on the
job site, or should it in any other way become known that asbestos and/or hazardous or toxic materials are
present or may be present on the job site or any adjacent or nearby areas which may affect Design-Builder’s
services, then either Party may, at its good faith election, suspend performance until District remediates the
matter at District’s expense, or terminate work on the System subject to paying Design-Builder for amounts due
under Section 32.4. The Guaranteed Substantial Completion Date and the Scheduled Final Completion Date shall
each be extended on day-for-day for the length of a suspension under this Section 14.4.
14.5. Additional Obligations. District represents and warrants to Design-Builder that District has full power, authority
and legal right to execute and deliver this Agreement, to perform its obligations hereunder, including without
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limitation, to grant Design-Builder permission to enter and access the jobsite and to secure the permits,
approvals, easements, assessments, and charges necessary for this Agreement.
15. Materials. Design-Builder shall furnish, at its own expense, all labor, materials, equipment, supplies and other items
necessary to complete the services to be provided pursuant to this Agreement.
15.1. Anti-Trust Claim. Design-Builder agrees to pass-through, on a pro-rata basis, any applicable awards received
pursuant to causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the
Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and
Professions Code), arising from purchases of goods, services, or materials provided to District pursuant to the
Agreement.
15.2. Substitutions. No substitutions of material from such components as may be specifically identified in the Design
Specifications shall be made without the prior written approval of District. Except with respect to the foregoing,
Design-Builder shall have the right to substitute materials or equipment incorporated into the System provided
that the substitution does not increase the Total System Price or have a material adverse effect on the System’s
performance or longevity.
16. Equipment and Labor. Design-Builder shall furnish all tools, equipment, apparatus, facilities, transportation, labor, and
material necessary to furnish the services herein described, the services to be performed at such times and places as
directed by and subject to the approval of the authorized District representative indicated in the Work specifications
attached hereto.
17. Warranty/Quality. Design-Builder shall honor the warranty terms provided in Exhibit A-3.
18. Trench Shoring. The Parties acknowledge that Design-Builder will not trench to a depth of five (5) feet or greater in
connection with this Agreement; provided that Design-Builder will drive supporting posts to such depth or greater.
Notwithstanding the foregoing, if unanticipated geologic or utility conditions require trenching to a depth of greater than
five (5) feet, Design-Builder will comply with applicable law and District’s reasonable instructions in connection with such
trenching.
19. Excavations Over Four Feet. The Parties acknowledge that Design-Builder will not excavate to a depth of four (4) feet or
greater in connection with this Agreement; provided that Design-Builder will drive supporting posts to such depth or
greater. Notwithstanding the foregoing, if unanticipated geologic or utility conditions require excavation to a depth of
greater than four (4) feet, Design-Builder will comply with applicable law and District’s reasonable instructions in
connection with such excavation.
20. Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price
thereof, or any other matter materially affecting the performance or nature of the Work (“Change”) shall not be paid for
or accepted unless such change, addition, or deletion is approved in advance and in writing by a valid change order
executed by Design-Builder and District and approved by District’s District Council. The foregoing notwithstanding, the
Design-Builder shall continue to perform its Work under the Agreement with respect to all undisputed portions of the
Work and shall not cause a delay of the Work by virtue of the inability of District and Design-Builder to agree upon the
extent of any adjustment to the Project Schedule and/or the Total System Price on account of such change. Design-
Builder specifically understands, acknowledges, and agrees that both Parties shall have the right to request any
alterations, deviations, reductions, or additions to the Project or Work, and upon the mutual agreement of the Parties,
the cost changes requested by a Party shall be added to or deducted from the amount of the Total System Price by fair
and reasonable valuations agreed to by the Parties in writing. Should Design-Builder encounter concealed or
unforeseeable conditions in the performance of the Work the Total System Price and the schedule shall be equitably
adjusted by a mutually agreed Change Order upon claim by either Party made within a reasonable time after the first
observance of the conditions.
20.1. Adjustment to Total System Price. Adjustments to the Total System Price due to Changes in the Work shall be
determined by application of one of the following methods, in the following order of priority:
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20.1.1. Change Order Mutual Agreement. By negotiation and mutual written agreement, on a lump sum
basis, between District and Design-Builder on the basis of the estimate of the actual and direct
increase or decrease in costs on account of the Change.
20.1.2. Basis for Adjustment of Total System Price. By mutual agreement, the Parties may reference the
basis for adjustment of the Total System Price set forth in this Section 21.1.2:
20.1.2.1. Labor. Design-Builder shall be compensated for the actual costs, without markup, of labor
actually and directly utilized in the performance of the Change. Such labor costs shall be
limited to field labor for which there is a prevailing wage rate classification. Wage rates for
labor shall not exceed the prevailing wage rates in the locality of the Site and shall be in the
labor classification(s) necessary for the performance of the Change. Use of a labor
classification which would increase labor costs associated with any Change shall not be
permitted. Labor costs shall exclude costs incurred by the Design-Builder in preparing
estimate(s) of the costs of the Change, in the maintenance of records relating to the costs of
the Change, coordination and assembly of materials and information relating to the Change or
performance thereof, or the supervision and other overhead and general conditions costs
associated with the Change or performance thereof.
20.1.2.2. Materials and Equipment. Design-Builder shall be compensated for the actual costs, without
markup, of materials and equipment necessarily and actually used or consumed in connection
with the performance of Changes. Costs of materials and equipment may include reasonable
costs of transportation from a source closest to the site of the Work and delivery to the Site. If
discounts by Material Suppliers are available for materials necessarily used in the performance
of Changes, they shall be credited to District. If materials and/or equipment necessarily used
in the performance of Changes are obtained from a supplier or source owned in whole or in
part by the Design-Builder, compensation therefor shall not exceed the current wholesale
price for such materials or equipment. If, in the reasonable opinion of District, the costs
asserted by the Design-Builder for materials and/or equipment in connection with any Change
is excessive, or if the Design-Builder fails to provide satisfactory evidence of the actual costs of
such materials and/or equipment from its supplier or vendor of the same, the costs of such
materials and/or equipment and District's obligation for payment of the same shall be limited
to the then lowest wholesale price at which similar materials and/or equipment are available
in the quantities required to perform the Change. District may elect to furnish materials
and/or equipment for Changes to the Work, in which event the Design-Builder shall not be
compensated for the costs of furnishing such materials and/or equipment or any mark-up
thereon.
20.1.2.3. Construction Equipment. Design-Builder shall be compensated for the actual cost, without
markup, of the necessary and direct use of construction equipment (“Construction
Equipment”) in the performance of Changes to the Work. Use of such Construction Equipment
in the performance of Changes to the Work shall be compensated in increments of fifteen (15)
minutes. Rental time for Construction Equipment moved by its own power shall include time
required to move such Construction Equipment to the site of the Work from the nearest
available rental source of the same. If Construction Equipment is not moved to the Site by its
own power, Design-Builder will be compensated for the loading and transportation costs in
lieu of rental time. The foregoing notwithstanding, neither moving time or loading and
transportation time shall be allowed if the Construction Equipment is used for performance of
any portion of the Work other than Changes to the Work. Unless prior approval in writing is
obtained by the Design-Builder from District, no costs or compensation shall be allowed for
time while Construction Equipment is inoperative, idle or on standby, for any reason. Design-
Builder shall not be entitled to an allowance or any other compensation for Construction
Equipment or tools used in the performance of Changes to the Work where such Construction
Equipment or tools have a replacement value of $500.00 or less. Construction Equipment
costs claimed by the Design-Builder in connection with the performance of any Change to the
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Work shall not exceed rental rates established by distributors or construction equipment
rental agencies in the locality of the Site; any costs asserted which exceed such rental rates
shall not be allowed or paid. Unless otherwise specifically approved in writing by the Architect,
the Project Inspector and District, the allowable rate for the use of Construction Equipment in
connection with Changes to the Work shall constitute full compensation to the Design-Builder
for the cost of rental, fuel, power, oil, lubrication, supplies, necessary attachments, repairs or
maintenance of any kind, depreciation, storage, insurance, labor (exclusive of labor costs of
the Construction Equipment operator), and any other costs incurred by the Design-Builder
incidental to the use of such Construction Equipment.
20.1.2.4. Overhead. In determining the cost to District and the extent of increase to the Total System
Price resulting from a Change adding to the Work, the allowance for overhead (including home
office and field overhead), general conditions costs and profit (hereinafter “Change Order
Overhead”) associated with the Change shall not exceed shall not exceed 15% of the direct
actual costs for performance of the Change. In the event a portion of Changes to the Work is
performed by a first tier subcontractor, the subcontractor Change Order Overhead shall not
exceed 15%. In the event a portion of Changes to the Work is performed by a sub-
subcontractor, the sub-subcontractor Change Order Overhead shall not exceed 15%. The
subcontractor markup on the total charges of a sub-subcontractor of any lower tier is limited
to 5% of the costs of such change, regardless of the number of subcontractors, of any tier,
performing any portion of any Change to the Work.
20.1.2.5. If a Change to the Work reduces the Total System Price, no profit, general conditions or
overhead costs shall be paid by District to the Design-Builder for the reduced or deleted Work.
20.1.2.6. In no event shall a Change directive increasing the nameplate capacity of the System, or any
element thereof, exceed the original cost per kW installed per installation as set forth herein.
20.1.3. Required Documentation. If the Parties agree on a Change Order with a cost basis, then Design-
Builder agrees to provide District with all information requested to substantiate the cost of the
change order and to inform District whether the Work will be done by the Design-Builder or a
subcontractor. Design builder shall maintain daily work/wage records to the extent required by
California Labor Code Sec. 1776. Such records shall include without limitation hourly records for labor
and Construction Equipment and itemized records of materials and equipment used in connection
with the performance of any Change to the Work. In the event that more than one Change to the
Work is performed by the Design-Builder, Design-Builder shall maintain separate records of labor,
Construction Equipment, materials and equipment for each such Change. In the event that any
Subcontractor, of any tier, shall provide or perform any portion of any Change to the Work, Design-
Builder shall require that each such Subcontractor maintain records in accordance with this Article.
Each record maintained hereunder shall be signed by Design-Builder's superintendent or Design-
Builder's authorized representative; such signature shall be deemed Design-Builder's representation
and warranty that all information contained therein is true, accurate, complete, and relate only to
the Change referenced therein. All records maintained by a subcontractor, of any tier, relating to the
costs of a Change to the Work shall be signed by such subcontractor's authorized representative or
superintendent. All records maintained hereunder shall be subject to inspection, review and/or
reproduction by District upon request. In the event that Design-Builder shall fail or refuse, for any
reason, to maintain or make available for inspection, review and/or reproduction such records and
the adjustment to the Total System Price on account of any Change to the Work is determined
pursuant to this Section, District's reasonable good faith determination of the extent of adjustment
to the Total System Price on account of such Change shall be final, conclusive, dispositive and binding
upon Design-Builder.
20.2. Adjustment to Contract Time. The Guaranteed Substantial Completion Date and Scheduled Final Completion
Date shall be extended or reduced, day-for-day, by change order if the performance of such Change necessitates
such extension or reduction. The Parties will agree on an appropriate time extension (if any), based on
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information supplied by Design-Builder necessary to substantiate its belief that such change will delay the
completion of the Work.
21. Claims. If Design-Builder shall claim compensation for changes to the in the Work or Services or extensions of time
(“Claim”), Design-Builder shall, within twenty (20) business days after the first occurrence giving rise to the Claim, make
and deliver to District a written statement of the amount of the Claim, the first occurrence giving rise to the Claim, and a
description of the occurrences, events and bases for the Claim (“Notice of Claim”). Design-Builder shall file with District
an itemized statement of all details and the amount of the Claim within fifteen (15) business days of delivery to District of
the Notice of Claim.
Bar Against Claims for Failure to Follow Contract Procedures. Unless the Notice of Claim shall be made as required,
Design-Builder’s claim for compensation shall be forfeited and invalidated and it shall not be entitled to consideration for
payment on account of any such damage. Design-Builder expressly acknowledges and agrees that this provision shall not
be waived or otherwise modified by any communication not rendered to the Design-Builder in writing by District, and
that this is a reasonable notice provision pursuant to Public Contract Code section 7102 and Government Code section
930.2.
22. Workers. Design-Builder shall at all times enforce proper discipline and good order among Design-Builder’s employees,
subcontractors, consultants, and all other of Design-Builder’s invitees to the Site and shall not employ or allow the
employment on the work of any unfit person or anyone not skilled in work assigned to Design-Builder.
22.1. Design-Builder shall remove from the Site any person in the employ of Design-Builder or any subcontractor or
consultant whom District, after consulting with Design-Builder, may deem incompetent or unfit and such worker
shall not again participate in the work and shall not again be employed on it except with written consent of
District.
22.2. Design-Builder shall take all reasonable steps necessary to ensure that any employees of Design-Builder or any of
its subcontractors or consultants report for work in a manner fit to do their job. Such employees: (i) shall not
utilize tobacco on the Site, and (ii) shall not be under the influence of or in possession of any alcoholic beverage
or any controlled substance (except a controlled substance as prescribed by a physician so long as the
performance or safety at the Site is not affected thereby). Design-Builder shall advise its employees,
subcontractors, suppliers, and Design-Builder’s invitees of these requirements before they enter on the Site and
shall immediately remove from the Site any person in violation of these requirements as determined by Design-
Builder or by District. Design-Builder shall impose these requirements on its subcontractors, suppliers, and other
Design-Builder invitees. If requested, Design-Builder shall execute, under penalty of perjury, the certification of a
drug-free workplace and certification of a tobacco-free workplace. District’s sole remedy for in the case a breach
of this section will be to require that, after consulting with Design-Builder, Design-Builder remove such individual
from participating in the Work.
23. Wages. Design-Builder acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1
(commencing with Section 1720) of the Labor Code of California relating to public works and the awarding public agency
and agrees to be bound by all the provisions thereof as though set forth in full herein, to the extent applicable to each
party’s performance hereunder. Based upon satisfactory documentation being provided by the Design-Builder, the Total
System Price is based upon Laws, codes, and regulations in existence on the date this Agreement is executed, including
the Labor Code of California and prevailing wage rates. The Total System Price will be increased if changes to the Labor
Code of California (including by regulation or order) result in increased costs to Design-Builder by the amount of the
increased costs.
23.1. The California Prevailing Wage Law.
23.1.1. Pursuant to the provisions of Article 2 (commencing at Section 1770), Chapter 1, Part 7, Division 2 of
the Labor Code of California, the governing body of District has ascertained the general prevailing
rate of per diem wages in the locality in which this public work is to be performed for each craft,
classification, or type of workmen needed to execute the Agreement.
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23.1.2. Holiday and overtime work when permitted by law shall be paid for at a rate of at least one and one-
half times the above specified rate of per diem wages, unless otherwise specified.
23.1.3. Each worker of Design-Builder and any of its subcontractors engaged in work on a System shall be
paid not less than the prevailing wage rate, regardless of any contractual relationship which may be
alleged to exist between Design-Builder or any subcontractors and such workers.
23.1.4. Design-Builder shall, as a penalty to District, forfeit $200 for each calendar day, or portion thereof, for
each worker paid less than the prevailing rate as determined for such work or craft in which such
worker is employed for any public work done under the contract by him or by any subcontractor
under him. The difference between such prevailing wage rate and the amount paid to each worker
for each calendar day or portion thereof, for which each worker was paid less than the prevailing
wage rate, shall be paid to each worker by Design-Builder.
23.1.5. Copies of the determined prevailing wage rates are on file and available upon request at District’s
office. or may be obtained at
http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. Design-Builder shall post, at an
appropriate conspicuous point on the Site, a schedule showing all determined general prevailing
wage rates.
23.2. Record Of Wages Paid. Design-Builder agrees to comply with the provisions of California Labor Code Section 1776
which, among other things, require Design-Builder and each subcontractor to (1) keep accurate payroll records,
(2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the
District of the location of the records. The Design-Builder is responsible for compliance with Section 1776 by itself
and all of its subcontractors.
24. Hours of Work. Design-Builder agrees to comply with the provisions of California Labor Code Section 1813 concerning
penalties for workers who work excess hours. The Design-Builder shall, as a penalty to the District, forfeit twenty-five
dollars ($25) for each worker employed in the execution of the contract by the Design-Builder or by any subcontractor for
each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day
and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the
California Labor Code.
25. Apprentices. Design-Builder agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the
employment of apprentices on public works projects, and further agrees that Design-Builder is responsible for
compliance with Section 1777.5 by itself and all of its subcontractors.
26. Design-Builder Supervision. Design-Builder shall provide competent supervision of personnel employed on the job Site,
use of equipment, and quality of workmanship.
27. Safety and Security. Design-Builder is responsible for maintaining safety in the performance of this Agreement. Design-
Builder shall be responsible to ascertain from District, with the District’s reasonable cooperation, the rules and
regulations pertaining to safety and security, in addition to those existing in applicable State laws and regulations.
Design-Builder shall have the responsibility for initiating, maintaining, and supervising all safety precautions and
programs in connection with this Agreement and the Services provided hereunder.
28. Clean Up. All construction debris shall be removed from the Site prior to Final Completion. The Site shall be in order at all
times when work is not actually being performed and shall be maintained in a reasonably clean condition.
29. Access to Work. District representatives shall at all-time have reasonable access, not inconsistent with safety in Design-
Builder’s reasonable judgment, to the Work wherever it is in preparation or in progress. Design-Builder shall provide safe
and proper facilities for such access, to the extent reasonably required under the circumstances.
30. Protection of Work and Property. Design-Builder shall erect and properly maintain at all times such safeguards, signs,
barriers, lights, and security persons for protection of workers and the public, and shall post danger signs warning against
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hazards created by the Work, as are required by law, regulation, or Design-Builder’s reasonable judgment. In an
emergency affecting life and safety of life or of Work or of adjoining property, Design-Builder, without special instruction
or authorization from District, is permitted to act at its reasonable discretion to prevent such threatened loss or injury.
31. Occupancy. If not inconsistent with safety and security in Design-Builder’s reasonable judgment, District reserves the
right to occupy improvements comprising or related to a System at any time before Final Completion and such occupancy
shall not constitute final acceptance or approval of any part of the Work covered by this Agreement, nor shall such
occupancy extend the date specified for completion of the Work except to the extent that such occupancy prevents
Design-Builder, in whole or part, from performing the Work.
32. Termination.
32.1. For Convenience by District. District may, at any time, with or without reason, terminate this Agreement.
Written notice by District shall be sufficient to stop further performance of services by Design-Builder. Notice
shall be deemed given when received by the Design-Builder or no later than three (3) business days after the day
of mailing, whichever is sooner.
32.2. With Cause. Either Party may terminate this Agreement upon giving of written notice of intention to terminate
for cause. Cause shall include:
32.2.1. Material violation of this Agreement by the other Party (including, in the case of District, failure to
timely make payments due hereunder or review and approve submissions required hereunder, in
each case after the 15-day cure period set forth below has elapsed); or
32.2.2. Any act by the other Party exposing a Party to liability to others for personal injury or property
damage; or
32.2.3. Either Party becomes insolvent; files for federal bankruptcy protection; is adjudged a bankrupt;
makes a general assignment for the benefit of creditors; or a receiver is appointed on account of
Design-Builder's insolvency.
Written notice by a Party shall contain the reasons for such intention to terminate and unless within fifteen (15)
calendar days after that notice the condition or violation shall cease, or satisfactory arrangements for the
correction thereof be made, this Agreement shall upon the expiration of said cure period cease and terminate. In
the event of this termination, District may secure the required services from another provider.
32.3. Upon termination, Design-Builder shall provide District such documents as are required to be produced,
maintained or collected by Design-Builder pursuant to this Agreement, whether or not such documents are final
or draft documents. District’s use of draft or incomplete documents will be at its sole risk.
32.4. Compensation. In the event of any termination hereunder, District shall compensate Design-Builder for the Work
and Services satisfactorily performed to the date of termination and all reasonable documented costs incurred by
Design-Builder as a result of such termination (including in the termination of subcontracts, vendor agreements
and in demobilization), which cannot be mitigated or eliminated through commercially reasonable efforts by
Design-Builder.
33. Indemnification.
33.1. To the maximum extent permitted by law, Design-Builder agrees to and does hereby defend, indemnify and hold
harmless District, Fire Protection District, its elected officials, officers, employees, contractors and volunteers (the
“Indemnified Parties”) from every claim or demand made, and every liability, loss, damage, expense or attorney’s
fees of any nature whatsoever, which may be incurred by reason of:
33.1.1. Liability for: (1) death or bodily injury to persons; (2) damage or injury to, loss (including theft), or
loss of use of, any property; (3) any failure or alleged failure to comply with any provision of law or
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the Contract Documents; or (4) any other loss, damage or expense, sustained by any person, firm or
corporation arising from any act, omission or breach of Design-Builder or any person, firm or
corporation employed by, under contract with, or acting on behalf of Design-Builder, arising out of or
in any way connected with the Work performed by Design-Builder, its employees, contractors and/or
agents pursuant to this Agreement or the Contract Documents, whether said injury or damage occurs
on or off District property, except to the extent resulting from the negligence or the willful
misconduct of any of the Indemnified Parties; and
33.1.2. Any dispute between Design-Builder and Design-Builder’s subcontractors, suppliers and/or sureties,
including, but not limited to, any failure or alleged failure of the Design-Builder (or any person hired or
employed directly or indirectly by the Design-Builder ) to pay any subcontractor or materialman of any tier or
any other person employed in connection with the Work and/or filing of any stop notice or mechanic’s lien
claims; except such as may arise from District’s wrongful failure to pay.
33.2. Design-Builder, at its own expense, cost, and risk, shall defend any and all claims, actions, suits, or other
proceedings, including any and all appeals thereof, that may be brought or instituted against any of the
Indemnified Parties on account of or founded upon any cause, damage, or injury identified in this Section and
shall pay or satisfy any final and non-appealable judgment that may be rendered against any of the Indemnified
Parties. District in any action, suit or other proceedings as a result thereof. Design-Builder may select counsel to
provide such defense, subject to acceptance by District, which acceptance shall not unreasonably be withheld. In
any event, Design-Builder shall solely control any defense provided by Design-Builder.
33.3. The absence of a contractual indemnity in favor of Design-Builder does not, and nothing herein shall be
construed, to limit such remedies as Design-Builder may have under applicable law.
34. Insurance.
34.1. The Design-Builder shall procure and maintain at all times during the term of this Agreement the following
insurance:
34.1.1. General Liability. Two Million Dollars ($2,000,000) combined single limit per occurrence and Three
Million Dollars ($3,000,000) in the aggregate, for bodily injury, personal injury and property damage
in the form of Comprehensive General Liability and Contractual Liability, including Products Liability
and Completed Operations coverage. If Commercial General Liability or other form with a general
aggregate limit is used, either the general aggregate limit shall apply separately to each
project/location or the general aggregate limit shall be twice the required occurrence limit. Total
limits required may be satisfied with an umbrella or excess liability policy.
34.1.2. Automobile Liability Insurance. Two Million Dollars ($2,000,000) combined single limit per
occurrence for any automobile that shall protect the Design-Builder and District from all claims of
bodily injury, property damage, death, and medical payments arising performing any portion of the
Services by Design-Builder. Total limits required may be satisfied with an umbrella or excess liability
policy.
34.1.3. Workers’ Compensation and Employers’ Liability Insurance. For all of the Design-Builder’s
employees who are subject to this Agreement and to the extent required by the applicable state or
federal law, Design-Builder shall keep in full force and effect, a Workers' Compensation policy. That
policy shall provide employers' liability coverage with minimum liability coverage of One Million
Dollars ($1,000,000) per accident for bodily injury or disease and $1,000,000 disease – policy limit.
Design-Builder shall provide an endorsement that the insurer waives the right of subrogation against
District and its respective elected officials, officers, employees, agents, representatives, consultants,
trustees, and volunteers .
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34.1.4. Professional Liability (Errors and Omissions). One Million Dollars ($1,000,000) for errors and
omissions as appropriate to the profession of engineer designing photovoltaic systems, with
coverage to continue through completion of construction plus two years thereafter.
34.1.5. Builder's Risk Insurance. On a replacement cost value basis, Design-Builder shall procure and
maintain, during the life of this Agreement or completion of construction, whichever is earlier,
Builder’s Risk (Course of Construction), or similar first party property coverage to insure against all
risks of accidental physical loss and shall include without limitation the perils of vandalism and/or
malicious mischief (both without any limitation regarding vacancy or occupancy), sprinkler leakage,
theft, sonic disturbance, flood, collapse, wind , fire, lightning, smoke, and rioting. Coverage shall
include debris removal, demolition, increased costs due to enforcement of all applicable ordinances
and/or laws in the repair and replacement of damaged and undamaged portions of the property, and
reasonable costs for engineering services and expenses required as a result of any insured loss upon
the Work and Project, including completed Work and Work in progress, to the full replacement value
of each installation at each Site. This policy shall not include existing structures.
34.1.6. Umbrella or Excess Liability. Four Million Dollars ($4,000,000) per occurrence and aggregate to meet
the policy limit requirements of the required policies if Design-Builder’s underlying policy limits are
less than required. There shall be no gap between the per occurrence amount of any underlying
policy and the start of the coverage under the Umbrella Liability Insurance Policy. Any Umbrella
Liability Insurance Policy shall protect Design-Builder, District, including all of the Indemnified Parties,
as additional insureds, in amounts, and that complies with all requirements herein for Commercial
General Liability and Automobile Liability and Employers’ Liability Insurance.
34.1.7. Other Insurance Provisions: The policies are to contain, or be endorsed to contain, the following
provisions:
34.1.7.1. For the general liability and automobile liability policies:
34.1.7.1.1. District and Fire Protection District, its representatives, elected officials, officers,
officials, employees, agents, and volunteers (“Additional Insureds”) are to be
covered as additional insureds as respects liability arising out of activities
performed by or on behalf of Design-Builder; instruments of Service and completed
operations of the Design-Builder; premises owned, occupied or used by Design-
Builder; or automobiles owned, leased, hired or borrowed by Design-Builder. The
coverage shall contain no special limitations on the scope of protection afforded to
the Additional Insureds and shall provide not less than the level of protection in
scope and limits, as provided by Design-Builder for itself.
34.1.7.1.2. For any claims related to the Project, Design-Builder’s insurance coverage shall be
primary insurance as respects the Additional Insureds. Any insurance or self-
insurance maintained by the Additional Insureds shall be in excess of the Design-
Builder’s insurance and shall not contribute with it.
34.1.7.1.3. Any failure to comply with reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to the Additional
Insureds.
34.1.7.2. The policies shall provide that the insurer waives the right of subrogation. Further, Design-
Builder hereby waives all rights of subrogation. Design-Builder’s insurance shall apply
separately to each insured against whom claim is made or suit is brought, except with respect
to the limits of the insurer's liability.
34.1.7.3. Design-Builder shall furnish District with Certificates of Insurance showing maintenance of the
required insurance coverage, and original endorsements affecting coverage. The
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endorsements are to be signed by a person authorized by that insurer to bind coverage on its
behalf. All endorsements are to be received and approved by District before Work
commences.
34.1.8. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of
no less than A: VII, unless otherwise acceptable to District.
34.2. Within ten (10) days of effective date and upon any changes thereafter until the achievement of Final
Completion, Design-Builder shall disclose its deductibles in writing, and such deductibles will be subject to
District’s approval.
35. Payment Bond and Performance Bond. Design-Builder shall not commence the Work until it has provided to District, in a
form approved by District and reasonably acceptable to Design-Builder, a Payment (Labor and Material) Bond and a
Performance Bond, each in an amount equivalent to one hundred percent (100%) of the Total System Price issued by a
surety admitted to issue bonds in the State of California and otherwise acceptable to District.
35.1. Performance bond liability. Any performance bond issued for a Site or the Systems will cease one (1) year from
the completion of construction. If a warranty or guarantee is provided under the terms of this Agreement, the
balance of any warranty or guarantee beyond one year term of the applicable performance bond shall continue
to be guaranteed solely by the surety under the terms of this Agreement.
35.2. Payment bond liability. The payment bond shall contain the following condition: Upon expiration of the time
within which the California Labor Commissioner may serve a civil wage and penalty assessment against the
principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code § 1741,
and upon expiration of the time within which a joint labor management committee may commence an action
against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor
Code § 1771.2, if the condition of this bond be fully performed, then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
35.3. Performance Guarantee. Neither payment bonds, whether for labor or materials, nor performance bonds are
applicable to the Performance Guarantee Agreement between the parties.
36. Limitation of Liability.
36.1. No Consequential Damages. EXCEPT FOR DESIGN-BUILDER’S OBLIGATION TO INDEMNIFY FOR THIRD-PARTY
CLAIMS UNDER SECTION 33 AND THIRD-PARTY INDEMNITIES TO WHICH EITHER PARTY MAY BE ENTITLED UNDER
APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY OR ITS AGENTS OR SUBCONTRACTORS BE LIABLE FOR
SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE. SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION MAY NOT APPLY IN SUCH STATES. For avoidance of doubt and without affecting any other
term hereof, claims made by Design-Builder’s employees or subcontractors or District’s employees are not third-
party claims, and any indemnity obligation of the District relating thereto will be limited as set forth in this
Section.
36.2. Limitation of Duration of Implied Warranties. ANY IMPLIED WARRANTIES, INCLUDING THE IMPLIED
WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARISING UNDER STATE LAW,
SHALL IN NO EVENT EXTEND PAST THE EXPIRATION OF ANY WARRANTY PERIOD IN THIS AGREEMENT. SOME
STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION
MAY NOT APPLY IN SUCH STATES.
36.3. Limit of Liability. Except claims for Design-Builder’s obligation to indemnify for third-party claims under Section
33 and third-party indemnities to which either Party may be entitled under applicable law, notwithstanding any
other provision of this Agreement to the contrary, each Party’s total liability arising out of relating to this
Agreement shall in no event exceed the Total System Cost. For avoidance of doubt and without affecting any
other term hereof, claims made by Design-Builder’s employees or subcontractors or District’s employees are not
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third-party claims, and any indemnity obligation of the District relating thereto will be limited as set forth in this
Section.
37. Permits and Licenses. Design-Builder and all Design-Builder's employees or agents shall secure and maintain in force, at
Design-Builder’s sole cost and expense, such permits and licenses as are required by law in connection with the
furnishing of materials, supplies, or services pursuant to this Agreement. At all times during the term of this Agreement,
Design-Builder shall possess a Class “A” or “C10” California contractor’s license.
38. Assignment. The rights, burdens, duties, or obligations of each Party pursuant to this Agreement shall not be assigned by
the other without the prior written consent of the non-assigning party, which shall not be unreasonably withheld; except
that Design-Builder may collaterally assign this Agreement in connection with its corporate financing. Notwithstanding
any assignment, no Party will be released from its obligations under this Agreement unless consented to in writing by the
other Party in its sole discretion.
39. Subcontractors. If Design-Builder shall subcontract any part of this Agreement, Design-Builder shall be fully responsible
to District for acts and omissions of its subcontractors and of persons either directly or indirectly employed by itself.
Nothing contained in this Agreement shall create any contractual relationship between any subcontractor and District.
PRIOR TO ANY SUBCONTRACTOR PERFORMING ANY PORTION OF THE WORK ON DISTRICT PREMISES, DESIGN BUILDER
SHALL IDENTIFY THE SUBCONTRACTOR BY PROVIDING THE DISTRICT WITH ITS FULL LEGAL NAME, ADDRESS, AND
CONTACT INFORMATION.
40. Compliance with Laws. Each party shall observe and comply with all applicable rules and regulations of the District and
all federal, state, and local laws, ordinances and regulations. Each party shall give all notices required by any law,
ordinance, rule and regulation bearing on its performance hereunder. If Design-Builder observes that any of the Work
required by this Agreement is at variance with any such laws, ordinance, rules or regulations, Design-Builder shall notify
District, in writing, and any necessary changes to the scope of the Work shall be made and this Agreement shall be
appropriately amended by agreement in writing, or in the event that a material change is required and the parties are
unable to amend the agreement after good faith efforts for not less than thirty (30) days, either Party may terminate this
agreement, subject to Section 33.5.
40.1. Design-Builder hereby acknowledges that District’s representative shall have authority to approve and/or stop
Work if the Design-Builder’s Work does not comply with the requirements of the Contract Documents, or any
applicable law or regulation, Design-Builder shall not be excused from its obligations hereunder, including
deadlines and liquidated damages, on account of its non-compliant Work.
41. Environmental Attributes and Energy Credits. District shall own all right, title, and interest associated with or resulting
from the development, construction, installation and ownership of the Systems and each of their component parts. This
ownership includes the production, sale, purchase or use of the energy output including, and includes without limitation:
41.1. All Environmental Incentives associated in any way with the solar electricity generating facilities provided by this
Agreement (“Generating Facilities”). “Environmental Incentives” means all rights, credits (including tax credits),
rebates, benefits, reductions, offsets and allowances and entitlements of any kind, howsoever entitled or named
(including carbon credits and allowances), whether arising under federal, state or local law, international treaty,
trade association membership or the like arising from the Generating Facilities or the energy produced or
otherwise from the development, construction, installation or ownership of the Generating Facilities or the
production, sale, purchase, consumption or use of the energy produced from the Generating Facilities. Without
limiting the forgoing, Environmental Incentives include green tags, renewable energy credits, tradable renewable
certificates, portfolio energy credits, the right to apply for (and entitlement to receive) incentives under the
California Solar Initiative or other incentive programs offered by the State of California or federal government and
the right to claim federal income tax credits under Section 45 or 48 of the Code as such credits are available
arising from the Environmental Attributes of the Generating Facilities or the energy produced from the
Generating Facilities or the production, sale, purchase, consumption or use of the energy produced from the
Generating Facilities.
41.2. All rights and interests in performance based incentive payments to be made under the California Solar Initiative.
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41.3. All reporting rights and the exclusive rights to claim responsibility for the delivery of the energy from the
Generating Facilities.
41.4. All reporting rights and the exclusive rights to claim responsibility for the reductions in emissions of pollution and
greenhouse gases resulting from the generation and delivery of energy.
41.5. All carbon reduction credits as defined under the California Action Reserve or such similar definition as enacted
by the State of California or the U.S. Federal Government.
41.6. All "renewable energy credits," as such term is defined in Section 399.12(h)(2) of the California Public Utilities
Code, associated with the Generating Facilities.
41.7. The proceeds of any and all other incentive programs available in relation to the Systems.
42. Disputes. In the event of a dispute between the parties as to performance of the Work, the interpretation of this
Agreement, or payment or nonpayment for work performed or not performed, the parties shall attempt to resolve the
dispute by those procedures set forth in Public Contract Code section 20104, et seq., if applicable. Design-Builder will
allow determination by the court of the State of California or federal court, with jurisdiction over San Bernardino County.
All claims of over $375,000, which are outside the scope of Public Contract Code section 20104, et seq., may be
determined by mediation if mutually agreeable, otherwise by litigation. The demand for mediation of any claim over
$375,000 shall be made within the required Notice of Claim submitted by the Design-Builder as set forth herein, or within
a reasonable time after written notice of the dispute has been provided by District to the Design-Builder.
In the event of a dispute between the parties described in this Section, pending resolution of the dispute(s), Design-
Builder agrees to and shall continue the undisputed portions of the Work diligently conditioned on District’s payment of
undisputed amounts. If the dispute is not resolved, Design-Builder agrees it will not stop, delay, or hinder progress of the
undisputed portions of the Work, but shall continue the Work diligently to completion of undisputed portions of work
conditioned on District’s payment of undisputed amounts.
43. Notice. Any notice required or permitted to be given under this Agreement shall be deemed to have been given, served,
and received if given in writing and either personally delivered or deposited in the United States mail, registered or
certified mail, postage prepaid, return receipt required, or sent by overnight delivery service, addressed as follows:
District
Rancho Cucamonga Fire Protection District
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
ATTN: Fire Chief
Email: don.cloughesy@CityofRC.us
Design-Builder
SolarCity Corporation
3055 Clearview Way
San Mateo, CA 94402
Attn: Contracts
Email: contracts@SolarCity.com
Any notice personally given or sent by facsimile transmission shall be effective upon receipt. Any notice sent by
overnight delivery service shall be effective the next business day following delivery thereof to the overnight delivery
service. Any notice given by mail shall be effective three (3) days after deposit in the United States mail.
44. Governing Law. This Agreement shall be governed by and the rights, duties and obligations of the Parties shall be
determined and enforced in accordance with the laws of the State of California. The Parties further agree that any action
or proceeding brought to enforce the terms and conditions of this Agreement shall be maintained in the state or federal
courts with jurisdiction over the County of San Bernardino, California.
45. Severability. If any term, condition or provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force and effect, and shall not
be affected, impaired or invalidated in any way. If any statute referenced herein is rendered inapplicable by a succeeding
statute, the succeeding statute shall be deemed to supersede and replace the original statute.
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46. Waiver. Any delay or forbearance in enforcing, or failure to enforce any term, covenant, or condition herein contained
shall not be deemed to be a waiver of such term, covenant, condition, or any subsequent breach of the same or any
other term, covenant, or condition herein contained.
47. Captions and Interpretations. Paragraph headings in this Agreement are used solely for convenience, and shall be
wholly disregarded in the construction of this Agreement. No provision of this Agreement shall be interpreted for or
against a party because that party or its legal representative drafted such provision, and this Agreement shall be
construed as if jointly prepared by the Parties.
48. Incorporation of Recitals and Attachments. The Recitals and each Attachment attached hereto are hereby incorporated
herein by reference.
49. Cooperation. The Parties hereto hereby agree to execute all such other documents and to take all such other action as
may be reasonably necessary to effect the purposes of this Agreement.
50. Binding Contract. This Agreement shall be binding upon the parties hereto and upon their successors and permitted
assigns, and shall inure to the benefit of said parties and their successors and permitted assigns.
51. Authority to Bind Parties. Neither party in the performance of any and all duties under this Agreement, except as
otherwise provided in this Agreement, has any authority to bind the other to any agreements or undertakings.
52. No Rights in Third Parties. This Agreement does not create any rights in, or inure to the benefit of, any third party except
as expressly provided herein.
53. Signature Authority. Each party has the full power and authority to enter into and perform this Agreement, and the
person signing this Agreement on behalf of each Party has been properly authorized and empowered to enter into this
Agreement.
54. Counterparts. This Agreement and all amendments to it may be executed in counterparts, each of which shall be
deemed an original. A facsimile or electronic signature shall be deemed to be the equivalent of the actual original
signature. All counterparts so executed shall constitute one document binding all the Parties hereto.
55. Entire Contract. This Agreement sets forth the entire contract between the parties hereto and fully supersedes any and
all prior agreements, understanding, written or oral, between the parties hereto pertaining to the subject matter thereof.
This Agreement may be modified only in writing upon mutual consent. In the event of any conflict between the
provisions of this agreement and any incorporated document and any attachment or exhibit hereto, the provisions of this
agreement shall govern.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date indicated below.
DISTRICT
Date: , 20__
By:
Print Name:
Print Title:
Address:
Telephone:
Facsimile:
E-Mail:
DESIGN-BUILDER
Date: , 20__
By:
Print Name:
Print Title:
License No.:
Address:
Telephone:
Facsimile:
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E-Mail:
Information regarding Design-Builder:
Proper Name:
License No.:
Address:
Telephone:
Facsimile:
E-Mail:
Type of Business Entity:
____ Individual
____ Sole Proprietorship
____ Partnership
____ Limited Partnership
____ Corporation, State:__________________
____ Limited Liability Company
____ Other:
_________________:
Employer Identification and/or Social Security
Number
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Attachment A-1
Site Information
Banyan Fire Station:
The design consists of two aesthetically pleasing solar shade structures. One structure will cover the grassy
area just north of the main building. The other shade structure will be on the northern section of the property
(Area 1). This design assumes that the soils at this site are viable for installing said solar structures. The
design utilizes 198 Tier 1 Trina Solar 310W PV modules mounted on a 7˚ fixed tilt driven-pier solar shade
structure system at 180˚ azimuth angle. The PV modules are wired into 1000Vdc strings of 18 modules, and
strings are fed into string inverters located on the shade structure’s columns. The outputs of multiple
inverters are then combined into a single AC load center, which is mounted on a carport column. The output
of this load center will placed in PVC conduit and trenched to the point of interconnection.
Day Creek Fire Station:
The design consists of ground mount and aesthetically pleasing solar shade structures. This design
assumes that the soils at this site are viable for installing said solar structures. The design utilizes 64 Tier 1
Trina Solar 310W PV modules mounted on a 25˚ fixed tilt pile-driven solar structure system at a 180˚
azimuth angle. The solar shade structure mounts include a “T” structure with 108 Tier 1 Trina Solar 310W
PV modules tilted at 7˚ with 249˚ azimuth angle and an “L” structure with 54 Tier 1 Trina Solar 310W PV
modules tilted at 7˚ with 157˚ azimuth angle ˚. The PV modules are wired into 1000Vdc strings of 18
modules, and strings are fed into string inverters located on the solar structures. The outputs of multiple
inverters are then combined into a single AC load center, which is also mounted on the backside of the
northern building. The output of this load center will placed in PVC conduit and trenched to the point of
interconnection.
Design Overview Summary – Bid Submitted
Banyan Fire Station Day Creek Fire Station
kWDC 72.54 kW 61.38 kW
kWAC 51 kW 46 kW
Module Model Trina Solar TSM-
310PD14
Trina Solar TSM-
310PD14
Module Power (W) 310 310
No. of Modules 234 198
Module Racking,
Method and
Supplier
MBL Solar Carport
and Shade
Structure
RBI Ground Mount
and ZS Tile
Tilt Angle 7 ˚ 25/22˚
Azimuth Angle 180 ˚ 180/270 ˚
Area covered
(Sq. ft.)
~5,000 ~4,300
Inverter Model Solectria PVI 28TL,
Solectria PVI 23TL
Solectria PVI 28TL,
Solectria PVI 23TL
Inverter Power
(kW)
28 kW or
23 kW
28 kW or
23 kW
Inverter Output
Voltage
480V 480V
No. Inverters 2 2
kWh/year 1 111,842 96,491
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kWh/kW year 1 1542 1,572
25 year kWh 2,628,285 2,267,527
Key Design
Assumptions
• North section
(Area 1) will be
flattened to allow
for shade
structure.
• Weather station
budgeted in.
• Soils will support
driven-pier
racking system
• 480V Line Side
Tap style
Interconnection
• • Weather station
budgeted in.
• Soils will support
pile-driven racking
system
• 480V Line Side Tap
style Interconnection
• •
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Design Overview Summary – Post-Negotiations Final
Banyan Fire Station Day Creek Fire Station
kWDC 61.38 kW 70.06 kW
kWAC 56 kW 63 kW
Module Model Trina Solar TSM-310PD14 Trina Solar TSM-310PD14
Module Power (W) 310 310
No. of Modules 198 226
Module Racking, Method and
Supplier
MBL Solar Carport and Shade
Structure
MBL Solar Carport and RBI Ground
Mount
Tilt Angle 7 ˚ 7 ˚/25 ˚
Azimuth Angle 180 ˚ 157/247/180 ˚
Area covered
(Sq. ft.)
~4,200 ~5,000
Inverter Model Solectria PVI 28TL
Solectria PVI 23TL,
Fronius Symo 20.0-3
Inverter Power (kW) 28 kW
23 kW or
20 kW
Inverter Output Voltage 480V 480V
No. Inverters 2 3
kWh/year 1 100,687 111,322
kWh/kW year 1 1640 1,589
25 year kWh 2,371,778 2,622,295
Key Design Assumptions • North section (Area 1) will be
flattened to allow for shade
structure.
• Weather station budgeted in with
DECK DAS
• Soils will support driven-pier
racking system
• 480V Line Side Tap style
Interconnection
• Height increased to 14 feet on
northern array and 18 feet on
Southern Array
• Additional conduit included for
future use
• Weather station budgeted in with DECK
DAS
• Soils will support pile-driven racking
system
• 480V Line Side Tap style
Interconnection
Additional conduit included for future
use
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Attachment A-2
Design Specifications In addition to any design specifications in the attachment A-2 the following adjustments:
Day Creek Fire Station
1. Eliminated the Northwest Ground Mount
2. Reduced the Size of the Northeast Ground Mount
3. Eliminated modules on the tile center garage building
4. Increased the size of the car shade structure to extend east covering some of the non-paved area
5. Additional conduit included for future use
Banyan Fire Station
1. Northern Array height increased to a clear height of 14 feet.
2. Southern Array height increased to a clear height of 18 feet.
3. Additional conduit included for future use
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Exhibit A-3
Limited Warranty
1. Work Warranty. SolarCity warrants as follows:
(a) the Work shall be (i) free from defects in assembly and workmanship, and be new, unused, and
undamaged when installed; (ii) in compliance with the requirements of this Agreement; and (iii) in
compliance with all applicable Laws; and
(b) the Work will be performed (i) in a good and workmanlike manner, (ii) in accordance with the
requirements of this Agreement, and (iii) in compliance with all applicable Laws.
Collectively (a) and (b) are the “Work Warranty.”
2. Work Warranty Period. The Work Warranty shall commence on the date of interconnection and shall
continue until and expire upon the tenth (10th) anniversary of the date of interconnection (such applicable
period, the “Work Warranty Period”); provided, however, that if Work is repaired or replaced pursuant to
the Work Warranty, then the Work Warranty Period with respect to such component shall continue until the
later of (i) the expiration of the Work Warranty Period or (ii) one (1) year from the date of completion of
such repair or replacement.
3. Roof Warranty. If SolarCity penetrates the Facility roof in performing the installation services under the
Purchase and Installation Agreement SolarCity will warrant roof damage it causes to areas that are within a
three (3) inch radius of its roof penetrations. This roof warranty will run the longer of (i) one (1) year
following the Substantial Completion Date; and (ii) the remainder of any existing installer’s warranty on
the Facility's roof where such installation was made in accordance with manufacturer’s specifications (the
“Roof Warranty”) (the “Roof Warranty Period”).
4. Repair Promise. If any failure or breach of the Work Warranty or the Roof Warranty occurs prior to the
end of the Work Warranty Period or the Roof Warranty Period (as applicable), upon notice from Customer
or Contractor otherwise becoming aware of such failure or breach, Contractor, at its sole cost and expense
(including the cost of materials, transportation, labor and equipment), will as soon as reasonably
practicable, repair or replace the Work, or take some other corrective action to cause the Work to conform
to the Work Warranty or the Roof Warranty (as applicable). SolarCity may use new or reconditioned parts
when making such repairs or replacements. SolarCity may also, at no additional cost to Customer, upgrade
or add to any part of the System to ensure that it performs according to the Warranty set forth in this
Agreement.
5. Exclusions from the Warranties. The Work Warranty and Roof Warranty do not apply to any repair,
replacement or correction required due to the following:
(a) materials and equipment covered by Manufacturer Warranties;
(b) someone other than SolarCity or its approved service providers installed, removed, re-installed or
repaired the System;
(c) destruction or damage to the System or its ability to safely produce energy not caused by
SolarCity or its approved service providers while servicing the System (e.g., a tree falls on the
System);
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(d) Customer's failure to perform, or breach of, Customer's obligations hereunder. (such as if
Customer modifies or alters the System);
(e) Customer's breach of this Agreement including being unavailable to provide access or assistance
to us in diagnosing or repairing a problem or failing to maintain the System as stated in the Solar
Operation and Maintenance Guide;
(f) any Force Majeure Event for the duration of the event (as defined below);
(g) a power or voltage surge caused by someone other than SolarCity including a grid supply voltage
outside of the standard range specified by the utility;
(h) shading from foliage that is new growth or is not kept trimmed to its appearance on the date the
System was installed;
(i) any System Failure not caused by a System defect (e.g., such as making roof repairs);
(j) theft of the System;
(k) Customer’s failure to only have the System repaired pursuant to this Limited Warranty and
reasonably cooperate with the person performing the repairs when repairs are being made;
(l) Use of the System to heat a swimming pool; or
6. This Agreement gives you specific rights, and the Customer may also have other rights which vary from
state to state. This Agreement does not warrant any specific electrical performance of the System. Specific
energy performance of the system is addressed in the Performance Guarantee Agreement. Upon receipt of
payment in full of the Contract Price, Contractor hereby assigns to Customer all warranties provided by
suppliers of materials included in the System (e.g., PV modules, inverters, racking) (“Manufacturer
Warranties”).
7. SolarGuard. During the Work Warranty Period, SolarCity will provide Customer, at no additional cost the
SolarGuard Monitoring Service (“SolarGuard”). SolarGuard is a proprietary monitoring system designed
and installed by SolarCity that captures and displays historical energy generation data over an Internet
connection and consists of hardware located on site and software hosted by SolarCity. The SolarGuard
service requires a high speed Internet line to operate. Therefore, during the Work Warranty Period,
Customer agrees to maintain the communication link between SolarGuard, the System and the Internet.
Customer agrees to maintain and make available, at Customer cost, a functioning indoor Internet
connection with one available wired Ethernet port and standard AC power outlet within eighty (80) feet of
the System’s AC/DC inverter(s). This communication link must be a 10/100 Mbps Ethernet connection
that supports common internet protocols (TCP/IP and DHCP).
8. Maintenance and Operation. Except for honoring Work Warranty and Roof Warranty claims, SolarCity will
have no obligation to service, operate or maintain the System. SolarCity will provide Customer with a
copy of SolarCity’s Solar Operation and Maintenance Guide. This guide provides Customer with System
operation and maintenance instructions, answers to frequently asked questions, troubleshooting tips and
service information.
9. Claims Process. Customer can make a claim under the Work Warranty or Roof Warranty by (a) emailing
SolarCity at the email address on the first page of this Agreement; (b) writing SolarCity a letter and sending
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it overnight mail with a well-known service; or (c) sending SolarCity a fax at the number on the first page
of this Agreement.
10. Transferable. SolarCity will accept and honor any valid and properly submitted Work Warranty or Roof
Warranty claim made during the applicable warranty period by any person who purchases the System from
Customer, provided that either (i) the System is not relocated from the Premises in connection with such
purchase, or (ii) Customer engages SolarCity, as an Additional Service, to relocate the System from the
Premises to a new site.
11. Scope of Additional Services. Customer agrees that if (i) the System needs any repairs that are not the
responsibility of SolarCity under this Agreement, (ii) the System needs to be removed and reinstalled to
facilitate remodeling of the Facility or (iii) the System is being relocated to another Facility pursuant to this
Warranty (collectively, items (i) - (iii) are "Additional Services"), Customer will have SolarCity, or
another similarly qualified service provider, at Customer's expense, perform such repairs, removal and
reinstallation, or relocation on a time and materials basis.
12. Approved Service Providers. Customer's retention of a third party to perform Additional Services that is
not qualified to perform such Additional Services will void the Work Warranty and the Roof Warranty. To
prevent voiding the Work Warranty and the Roof Warranty, Customer should obtain the written consent of
SolarCity prior to engaging a third party to perform Additional Services. If Customer engages a third party
service provider to perform Services without the prior consent of SolarCity, Customer does so at the risk
that SolarCity will subsequently determine such service provider was not qualified to perform the
Additional Services.
13. The “Purchase and Installation Agreement” shall mean and refer to the “Agreement for Design,
Installation, and Commissioning of the Solar Photovoltaic System” between the District and SolarCity.
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Attachment B.2
Proposer:
Site: Banyan FS Day Creek FS Cumulative
System Information:
System Size (kWdc) 61.38 70.06 131.44
Shade Structure System Size (kWdc) 61.38 50.22 111.60
Rooftop Mounted System Size (kWdc) -
Ground Mounted System Size (kWdc) 19.84 19.84
System Output (kWh)* 100,687 111,322 212,009
*Totaled from 8760 Generation Worksheet
Ownership System Pricing
Subtotal Capital Costs $ 220,871.00 $ 222,398.81 $ 443,269.81
Operations and Maintenance Costs:
Year One Operation & Maintenance Cost $ 3,245.55 $ 4,268.35 $ 7,513.90
O&M Escalator 3.00% 3.00%
Performance Guarantee Costs:
20 Year Performance Guarantee Costs: $ 5,043.05 $ 5,383.00 $ 10,426.05
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PREVAILING WAGE CERTIFICATION
I hereby certify that I will conform to the applicable State of California Public Works Contract requirements
regarding prevailing wages, benefits, on-site audits with 48-hours’ notice, payroll records, and apprentice and
trainee employment requirements, for all Work on the above Project.
Date:
Name of Design-Builder:
Signature:
Print Name:
Title:
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WORKERS’ COMPENSATION CERTIFICATION
Labor Code section 3700 in relevant part provides:
Every employer except the State shall secure the payment of compensation in one or more of the
following ways:
a. By being insured against liability to pay compensation by one or more insurers duly authorized to
write compensation insurance in this state.
b. By securing from the Director of Industrial Relations a certificate of consent to self-insure, which
may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to
self-insure and to pay any compensation that may become due to his employees.
I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against
liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code,
and I will comply with such provisions before commencing the performance of the Work of this Agreement.
Date:
Name of Design-Builder:
Signature:
Print Name:
Title:
(In accordance with Article 5 - commencing at section 1860, chapter 1, part 7, division 2 of the Labor Code, the
above certificate must be signed and filed with the awarding body prior to performing any Work under this
Agreement.)
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ASBESTOS & OTHER HAZARDOUS MATERIALS CERTIFICATION
Design-Builder hereby certifies that no Asbestos, or Asbestos-Containing Materials, or polychlorinated
biphenyls (PCBs), shall be furnished, installed, or incorporated in any way into the Project, or otherwise
deposited at the project site. Further, Design-Builder shall comply with all applicable environmental
laws and laws pertaining to hazardous materials, including federal state and local laws and regulations
promulgated thereunder, in connection with the design and construction of the Systems.
Design-Builder further certifies that it has instructed its employees with respect to the above-mentioned
standards, hazards, risks, and liabilities.
All Work or materials found to be hazardous material-containing equipment not in compliance with
applicable law as described above will be immediately rejected and this Work will be removed at Design-
Builder's expense at no additional cost to District.
Date:
Name of Design-Builder:
Signature:
Print Name:
Title:
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SOLAR OPERATION AND MAINTENANCE AGREEMENT
This SOLAR OPERATION AND MAINTENANCE AGREEMENT (this “Agreement”),
dated as of August ___, 2015 (the “Effective Date”), is between SolarCity Corporation, a
Delaware corporation (“SolarCity”), and City of Rancho Cucamonga, a municipal corporation
(“Owner”). SolarCity and Owner are sometimes referred to herein individually as a “Party” and
collectively as the “Parties”.
RECITALS
WHEREAS, Owner owns one or more solar power generation systems identified on
Schedule 1, attached hereto (“Systems”); and
WHEREAS, Owner wishes to engage SolarCity to perform certain operations and
maintenance services on the Systems on the terms and subject to the conditions set forth herein.
NOW, THEREFORE, in consideration of the foregoing and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby
agree as follows:
ARTICLE I
DEFINITIONS
The following capitalized terms used herein shall have the meanings specified in this
Article I.
“Affiliate” means a person that directly or indirectly through one or more intermediaries,
controls, or is controlled by, or is under common control with, the person specified.
“Agreement” has the meaning set forth in the preamble.
“Applicable Law” means all federal, provincial and municipal statutes, regulations,
codes, by-laws, orders in council, directives, rules, guidelines and ordinances of any
Governmental Authority applicable to this Agreement, including without limitation all applicable
California codes, rules or guidelines.
“Business Day” means any day on which commercial banks are not authorized or
required to close in the State of California.
“Effective Date” has the meaning set forth in the Preamble.
“Extra Work” means any services identified as Extra
Work in the Scope of Work, Exhibit “A” hereto, and any extra services not listed therein but are
requested by the Owner.
“Fee” has the meaning set forth in Section 2.01.
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“Force Majeure Event” means any event, condition or circumstance beyond the control of
SolarCity which, by the exercise of due foresight SolarCity could not reasonably have been
expected to avoid, and which by the exercise of due diligence SolarCity without fault attributable
to it is unable to overcome, including, but not limited to, action by a Governmental Authority,
failure to obtain or maintain a permit, license, consent or approval (provided, that SolarCity has
made timely and reasonable commercial efforts to obtain and maintain the same), third party
failure to timely provide goods or services, national or regional third party labor disputes, flood,
earthquake, fire, lightning, epidemic, war, terrorism, riot, civil disturbance or act of god.
“Governmental Authority” means any foreign, federal, state, local or other governmental,
regulatory or administrative agency, court, commission, department, board, or other
governmental subdivision, legislature, rulemaking board, court, tribunal, arbitrating body or
other governmental authority having jurisdiction or effective control over Owner, SolarCity,
their respective Affiliates or any System.
“Indemnifiable Loss” means any claim, demand, suit, loss, liability, damage, obligation,
payment, cost or expense (including, without limitation, the cost and expense of any action, suit,
proceeding, assessment, judgment, settlement or compromise relating thereto and reasonable
attorneys’ fees and reasonable disbursements in connection therewith) for personal and bodily
injury, death, stop notices and liens, and/or property damage.
“Owner” has the meaning set forth in the Preamble.
“Owner Indemnitee” has the meaning set forth in Section 4.02.
“Party” and “Parties” has the meaning set forth in the Preamble.
“Permits” means all governmental or regulatory approvals required for the ownership,
maintenance, operation and removal of each System.
“Prudent Industry Practices” means those practices, methods, standards, and acts
(including those engaged in or approved by a significant portion of the solar-generated electric
power industry for similar facilities in the United States) that at a particular time in the exercise
of good judgment, and in light of the facts known at the time the decision was made, would have
been expected to accomplish the desired result in compliance with all Applicable Laws and in a
manner consistent with safety, environmental protection, economy, and expedition. Prudent
Industry Practices are not necessarily defined as the optimal standard practice method or act to
the exclusion of others, but rather refer to a range of action reasonable under the circumstances.
“Services” means, collectively, the services set forth and described in Exhibit A attached
hereto, and all other obligations of SolarCity under Article II other than Extra Work.
“SolarCity” has the meaning set forth in the Preamble.
“SolarCity Indemnitee” has the meaning set forth in Section 4.01.
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“System” has the meaning set forth in the Recitals.
“Term” has the meaning set forth in Section 3.01.
ARTICLE II
SERVICES; STANDARDS
2.01 General; Compensation. Subject to the terms and conditions of this
Agreement, SolarCity shall provide the Services to Owner throughout the Term. Owner shall
compensate SolarCity for the Services as set forth in Exhibit A during the Term (the “Fee”).
Payments shall be made within 30 days after SolarCity’s tender of an invoice. In addition to the
Fee, materials costs and service costs incurred by SolarCity in performing Services that are not
covered by a manufacturer warranty will be billed to Owner at the rate set forth in Exhibit A,
which rates may be updated by SolarCity from time to time to reflect changes in market pricing
without the need for Owner’s consent but not to exceed 3% per year in the aggregate. Payment
for such materials costs shall be made thirty (30) days after Owner is invoiced therefor.
2.02 Extra Work. If SolarCity discovers that Extra Work is required or indicated,
SolarCity shall notify Owner of the need for such Extra Work. If Owner desires that SolarCity
perform Extra Work, then Owner and SolarCity shall enter into a supplement to this Agreement
describing the scope, price, any required Permits, and schedule of such Extra Work. SolarCity
shall provide any Extra Work to Owner in accordance with the provisions of this Agreement.
After completion of the Extra Work, SolarCity will invoice Owner for amounts due and payment
for such Extra Work shall be made by Owner within thirty (30) days after Owner is invoiced by
SolarCity therefor.
2.03 Standard of Performance; Warranty; Response Time.
(a) SolarCity shall ensure that all of its work under this Agreement is
performed in accordance with the normal standards of performance within the solar photovoltaic
power generation industry in the relevant market and Prudent Industry Practices, in each case as
applicable to the work being performed.
(b) SolarCity warrants that any service that it performs (whether as a part of
the Services or Extra Work) shall be free from defects for a period of 90 days from the date
performed. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
ARE HEREBY DISCLAIMED. If Owner notifies SolarCity of a defect in SolarCity’s services
within the foregoing warranty period, then Solar City shall promptly re-perform the affected
service in order to correct the defect and such re-performance shall be SolarCity’s sole liability
and Owner’s sole remedy for such warranty claim.
(c) SolarCity shall dispatch field service resources within two business days
of notification (via automated or manual means) for repairs as necessary to maintain system
performance. Any corrective action required to restore the system to fully operational status
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shall be completed within a commercially reasonable time from the service resources arriving
on-site, with reasonableness considered in view of the service required.
2.04 License. The Owner hereby grants SolarCity and its authorized agents,
employees and subcontractors a license to access and use Customer’s real and personal property
and the System to the extent required for SolarCity to perform its obligations under this
Agreement. Such license shall automatically expire immediately upon the earlier of the
termination or expiration of this Agreement.
2.05 Title. Title to all items, parts, materials and equipment supplied under or
pursuant to this Agreement to Owner shall transfer to Owner upon payment by Owner to
SolarCity for such items, parts, material and equipment.
2.06 Record-Keeping and Reporting. SolarCity shall keep and maintain a
maintenance log for the System in electronic format. The maintenance log shall contain
descriptions of maintenance services performed by SolarCity, follow-up activities, if any, that
are required, and other information relevant to SolarCity’s maintenance activities. Throughout
the Term, SolarCity shall, upon Owner’s request and at no expense to Owner, provide access to
the maintenance log to Owner on an annual basis.
2.07 Remote Monitoring. For purposes of determining when repair services are
necessary, SolarCity shall monitor and evaluate the information gathered through remote
monitoring of the System as well as the maintenance and inspection reports. If SolarCity is
using Owner’s internet connection to support remote performance monitoring, (a) SolarCity’s
ability to perform remote monitoring is conditioned upon Owner’s provision and maintenance of
a working internet connection for that purpose, and (b) if Owner at any time does not maintain
and provide SolarCity with access to a working internet connection, SolarCity shall notify
Customer of same after SolarCity’s discovery thereof and shall perform remote troubleshooting
with respect to same to the extent practicable. Notwithstanding anything to the contrary,
SolarCity shall not, and shall not be obligated to, (1) assist Customer with internet connectivity
issues or be obligated to restore Owner’s internet connection unless the loss of such connection
directly results from SolarCity’s acts or omissions, or (2) to perform remote monitoring when
there is not a working internet connection.
2.08 Permits.
(a) SolarCity shall be responsible for procuring, obtaining, maintaining and
complying with all Permits required for it to perform the Services under this Agreement. Permits
required for Extra Work shall be addressed in the supplement addressing such Extra Work.
(b) Owner shall cooperate with and assist SolarCity in obtaining all Permits
required to perform the Services and Extra Work. Notwithstanding anything in this Agreement
to the contrary, SolarCity shall be required to comply with Applicable Law at no additional
charge to Owner except to the extent additional charges are incurred by SolarCity due to
Owner’s acts or omissions.
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2.09 Metering. SolarCity shall be responsible for maintaining each electricity-
related meter and related performance monitoring equipment that measures performance of the
System including, without limitation, the meter that relates to the System’s inverter (but
excluding all utility meters). Notwithstanding the foregoing, if a meter owned by SolarCity is
damaged by Owner or Owner’s subcontractor, invitees or agents, then Owner shall reimburse
SolarCity for all documented costs, expenses and damages incurred by SolarCity to repair or
replace, as necessary, within thirty (30) days after receiving SolarCity’s invoice therefor.
2.10 Access to Data and Information. Owner hereby grants SolarCity reasonable
access and use rights with respect to all data and other information in Owner’s possession or
control consisting of data relating to the electricity production of each System, the weather
conditions at each site where each System is located, System design and construction
information and drawings, maintenance history information, System performance information,
warranty information, Site-related information and surveys) to the extent requested by SolarCity
in connection with this Agreement
2.11 Warranty Claims. To the extent that manufacturer warranties cover
replacement and/or repair of covered equipment during the Term, SolarCity shall use
commercially reasonable efforts to submit, process and pursue warranty coverage as Extra Work
in accordance with Section 2.02. In addition, because it may be necessary for warranty claims to
be submitted in the name of Owner, Owner shall provide such full and complete cooperation (at
Owner’s sole cost and expense) as SolarCity may reasonably require in connection with the
submission, processing and pursuit of warranty coverage. To the extent that Owner asks
SolarCity to perform warranty-related work for matters outside of those covered directly by
SolarCity’s workmanship warranty in Section 2.03(b), such work shall constitute (and SolarCity
shall be compensated for same as) Extra Work under this Agreement.
2.12 Labor Code Compliance. SolarCity acknowledges that this Agreement is
subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the
California Labor Code relating to public works, and agrees to be bound by all the provisions
thereof as though set forth in full herein, including those provisions set forth in Exhibit “C”
attached hereto.
ARTICLE III
TERM AND TERMINATION
3.01 Term. The term of this Agreement (the “Term”) shall commence on the
commercial operation date of the System and expire on the 20th anniversary of the commercial
operation date of the System unless terminated earlier under the provisions of this Agreement.
3.02 Termination for Default.
(a) Termination By Owner. Owner may terminate this Agreement if
SolarCity:
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(i) files a petition in bankruptcy, or is adjudicated bankrupt, or takes
advantage of the insolvency law of any state or country, or makes an assignment for the
benefit of creditors, or has a receiver, trustee or other court officer appointed for its
property, or
(ii) fails to perform any of its material obligations under this Agreement,
which failure is not remedied within thirty (30) calendar days of written notice of such
failure from Owner to SolarCity; provided, that if such failure cannot reasonably be
remedied within such thirty (30) calendar day period, and SolarCity commences to cure
such failure within such thirty (30) calendar day period and thereafter diligently seeks to
remedy such failure, then Owner shall not be entitled to terminate this Agreement until
such time as SolarCity ceases all reasonable endeavors to cure such failure.
(b) Termination by SolarCity. SolarCity may terminate this Agreement if
Owner:
(i) files a petition in bankruptcy, or is adjudicated bankrupt, or takes
advantage of the insolvency law of any state or country, or makes an assignment for the
benefit of creditors, or has a receiver, trustee or other court officer appointed for its
property;
(ii) fails to pay, in accordance with the terms of this Agreement, any
amounts due hereunder within thirty (30) calendar days after the date that such amount is
due; or
(iii) breaches this Agreement (other than failure to pay), which breach
is not remedied within thirty (30) calendar days of written notice of such failure from
SolarCity to Owner.
(c) Notice. A notice of termination given pursuant to the foregoing provisions
of this Section 3.02 shall specify in reasonable detail the circumstances giving rise to
such termination notice. Except to the extent otherwise provided herein, this Agreement
shall terminate on the date specified in the termination notice, which date shall not be
earlier than the date upon which the applicable Party is entitled to effect such termination
as provided above and not later than thirty (30) days from the date of such termination
notice.
(d) Notwithstanding the foregoing, Owner may terminate this Agreement for
any or no reason by providing SolarCity not less than sixty (60) days prior written notice
whereupon Owner shall be refunded one-hundred percent (100%) of the prorated amount
of service fees attributable to the number of months remaining in the then-current term;
less any reasonably documented costs for materials and expenses that SolarCity cannot,
using reasonable efforts, mitigate.
ARTICLE IV
INDEMNIFICATION
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4.01 Indemnification of Owner by SolarCity. To the maximum extent permitted
by law, SolarCity shall indemnify, defend and hold harmless Owner and its and its elected
officials, officers, managers, directors, employees, partners, contractors, and agents (each, an
“Owner Indemnitee”) from and against any and all Indemnifiable Losses asserted against or
suffered by any Owner Indemnitee in any way relating to, resulting from or arising out of or in
connection with any claims against an Owner Indemnitee to the extent actually or allegedly
involving (i) the negligence, fraud or willful misconduct of SolarCity, its Affiliates, or any of
their officers, employees, agents or its subcontractors, or (ii) any breach by SolarCity of its
representations and warranties under this Agreement, or (iii) any liens or stop notices arising out
any work performed by SolarCity pursuant to this Agreement; provided, that in each case,
SolarCity shall have no obligation to indemnify Owner to the extent such claim arises out of any
negligence, fraud or willful misconduct of Owner, its Affiliates or its subcontractors or the
breach by Owner of this Agreement
4.02 The absence of a contractual indemnity in favor of SolarCity does not, and
nothing herein shall be construed, to limit such remedies as SolarCity may have under applicable
law.
ARTICLE V
FORCE MAJEURE
5.01 If either Party is rendered wholly or in part unable to perform its obligations
under this Agreement because of a Force Majeure Event (“Excused Party”), the Excused Party
shall be excused from whatever performance is affected by the Force Majeure Event; provided,
that:
(a) The Excused Party shall, as soon as is reasonably possible after the
occurrence of the Force Majeure Event, give the other Party written notice describing the
particulars of the occurrence;
(b) the suspension of performance shall be of no greater scope and of no
longer duration than is required by the Force Majeure Event; and
(c) no obligation of the Excused Party which arose before the occurrence
causing the suspension of performance and which could and should have been fully performed
before such occurrence shall be excused as a result of such occurrence.
(d) For any one-half day or longer, for which Solar City has been paid, that
SolarCity is prevented from performing as required hereunder by a Force Majeure Event, one
work day shall be added to the current term of this Agreement, at no additional cost to Owner.
ARTICLE VI
LIMITATIONS ON LIABILITY
6.01 Aggregate Limit of Liability.
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(a) IN NO EVENT SHALL SOLARCITY BE LIABLE TO OWNER
UNDER OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM
OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE), FOR ANY (i) MATTER BEYOND ITS REASONABLE
CONTROL, (ii) LOSS OF DATA, LOSS OR INTERRUPTION OF USE OF THE SYSTEM,
OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR EQUIPMENT, (iii)
INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF
BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (iv) DIRECT DAMAGES, IN THE
AGGREGATE, IN EXCESS OF THE AMOUNTS SET FORTH IN SECTION 6.01(b)
HEREIN. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS
OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF
ANY REMEDY PROVIDED HEREIN.
(b) In no event will SolarCity be liable under this Agreement to Owner for an
aggregate amount in excess of an amount equal to the total amount actually paid to SolarCity
under the terms of this Agreement in any given year, less the amount of any damages then paid
by SolarCity under this Agreement, unless and to the extent such liability is the result of
SolarCity’s fraud, gross negligence or willful misconduct, in which case the foregoing limit shall
not apply. Any action by Owner under this Agreement must be brought within two (2) years after the cause of action accrues.
(c) Notwithstanding the foregoing, the provisions of this Section 6.01 shall
not apply to SolarCity’s obligation to indemnify for third-party claims under Article IV of this
Agreement (nor shall the limitations apply to SolarCity’s obligation, if any, to indemnify Owner,
for claims initiated by SolarCity’s employees or subcontractors, and City’s employees).
ARTICLE VII
REPRESENTATIONS AND WARRANTIES
7.01 Representations and Warranties of Owner.
Owner represents and warrants that:
(a) Owner is incorporated, continued or established, organized and validly
subsisting under the laws of its jurisdiction of incorporation, continuation or formation;
(b) Owner possesses all requisite power and authority to enter into and
perform this Agreement and to carry out the transactions contemplated herein;
(c) Owner’s execution, delivery and performance of this Agreement have
been duly authorized and this Agreement has been duly executed and delivered and constitutes
Owner’s legal, valid and binding obligation, enforceable against Owner in accordance with its
terms, except as enforceability may be limited by bankruptcy, insolvency and other legal
principles pertaining to creditor’s rights;
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(d) Except as otherwise contemplated herein, no material consent or approvals
are required in connection with the execution, delivery and performance by Owner of this
Agreement;
(e) The execution, delivery and performance by Owner of this Agreement will
not (i) violate any Applicable Law applicable to Owner, (ii) result in any breach of, or constitute
any default under, any contractual obligation of Owner, or (iii) result in, or require, the
imposition of any lien or other encumbrance on any of the properties or revenues of Owner;
(f) Owner owns each of the Systems and has all of the rights required for it to
grant the rights and perform its obligations under this Agreement; and
(g) Owner has and at all times will have the ability to pay for its obligations
under this Agreement.
7.02 Representations and Warranties of SolarCity.
SolarCity represents and warrants that:
(a) SolarCity is a corporation duly organized and existing in good standing
under the laws of the State of Delaware;
(b) SolarCity possesses all requisite power and authority to enter into and
perform this Agreement and to carry out the transactions contemplated herein;
(c) SolarCity’s execution, delivery and performance of this Agreement have
been duly authorized and this Agreement has been duly executed and delivered and constitutes
SolarCity’s legal, valid and binding obligation, enforceable against SolarCity in accordance with
its terms, except as enforceability may be limited by bankruptcy, insolvency and other legal
principles pertaining to creditor’s rights;
(d) Except as otherwise contemplated herein, no material consent or approvals
are required in connection with the execution, delivery and performance by SolarCity of this
Agreement; and
(e) The execution, delivery and performance by SolarCity of this Agreement
will not (i) violate any Applicable Law applicable to SolarCity, or (ii) result in any breach of, or
constitute any default under, any contractual obligation of SolarCity.
ARTICLE VIII
INSURANCE
8.01 Each party shall, at its sole cost and expense, procure and maintain or cause
to be procured and maintained during the Term insurance in the types and amounts listed in
Exhibit B attached hereto, as applicable provided, however, that Owner may satisfy any
insurance requirements herein pursuant to its program of self-insurance.
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ARTICLE IX
MISCELLANEOUS
9.01 Independent Contractors. The Parties acknowledge that SolarCity shall
perform its obligations under this Agreement and act at all times as an independent contractor
and nothing in this Agreement shall be interpreted or applied so as to make the relationship of
any of the Parties that of partners, joint ventures or anything other than independent contractors,
and the Parties expressly disclaim any intention to create a partnership, joint venture, association
or other such relationship. Neither Party is granted any right (except as expressly provided
herein) on behalf of the other Party to assume or create any obligation or responsibility binding
such other Party. None of a Party’s employees, subcontractors or any such subcontractor’s
employees shall be or shall be considered to be employees of the other Party. Each Party shall
be fully responsible for the payment of all wages, salaries, benefits and other compensation to its
employees and all amounts due and owing to its subcontractors.
9.02 Notices. Any notice required or authorized to be given hereunder or any
other communication provided for under the terms of this Agreement shall be in writing and
shall be delivered personally or by reputable next Business Day express courier service or by
U.S. Mail, postage prepaid with proof of delivery, addressed to the relevant party at the address
stated below or at any other address notified by that party as its address for service. Any notice
so given personally shall be deemed to have been served on delivery, any notice so given by
express courier service shall be deemed to have been served the next Business Day after the
same shall have been delivered to the relevant courier, and any notice so given by U.S. Mail shall
be deemed to have been served on the third business day after the date of mailing. The Parties’
addresses for notice and service are:
To SolarCity: SolarCity Corporation
3055 Clearview Way
San Mateo, CA 94402
Attention: Legal
Email: contracts@solarcity.com
To Owner: City of Rancho Cucamonga
10500 Civic Center Dr.
Rancho Cucamonga, CA 91730
Attention: City Manager’s Office
Notwithstanding the foregoing, the Parties acknowledge that if the City requests access to the
maintenance log, such access will be provided by email transmission.
9.03 Applicable Law; Consent to Jurisdiction. This Agreement shall be governed
by and the rights, duties and obligations of the Parties shall be determined and enforced in
accordance with the laws of the State of California. The Parties further agree that any action or
proceeding brought to enforce the terms and conditions of this Agreement shall be maintained in
the state or federal courts with jurisdiction over the County of San Bernardino, California.
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9.04 Entire Agreement. This Agreement, together with all attachments and
exhibits, all of which are hereby incorporated by reference herein, constitutes the entire
agreement with respect to the matters set forth herein and supersedes all prior agreements,
commitments, drafts, communication, discussions and understandings, oral or written, with
respect thereto. The provisions of this Agreement shall govern and control over any conflicting
provisions contained in any attachment or exhibit hereto.
9.05 Further Assurances. Each Party agrees to do such further acts and things and
execute and deliver such additional agreements and instruments as the other may reasonably
require to consummate, evidence or confirm the agreements contained herein in the matter
contemplated hereby.
9.06 Severability. Whenever possible, each provision of this Agreement shall be
interpreted in such manner as to be effective and valid under all applicable laws and regulations.
If, however, any provision of this Agreement shall be prohibited by or invalid under any such
law or regulation in any jurisdiction, it shall, as to such jurisdiction, be deemed modified to
conform to the minimum requirements of such law or regulation, or, if for any reason it is not
deemed so modified, it shall be ineffective and invalid only to the extent of such prohibition or
invalidity without affecting the remaining provisions of this Agreement, or the validity or
effectiveness of such provision in any other jurisdiction.
9.07 Assignment and Subcontracting. Neither Party may assign its rights or
obligations hereunder, without the prior written consent of the other Party, which consent shall
not be unreasonably withheld, conditioned or delayed; provided that SolarCity may subcontract
in connection with certain of its maintenance obligations, and will be responsible for the acts and
omissions of any such subcontractor. Notwithstanding the foregoing, (i) SolarCity may, without
the need for Owner’s consent, (x) assign, mortgage, pledge or otherwise collaterally assign
SolarCity’s interests in this Agreement to any party providing financing to SolarCity, and (y)
directly or indirectly assign this Agreement to an Affiliate of SolarCity, and (ii) either Party may,
without the prior written consent of the other Party but with prior written notice, transfer or
assign this Agreement in its entirety to any person or entity succeeding to all or substantially all
of the assets of such Party or to a successor entity in a merger or acquisition transaction,
provided that such transferee or assignee shall be deemed to be fully bound by this Agreement
without demand or notice by Owner. No assignment of such rights or obligations may be made
by either Party with respect to less than all of the Systems subject to this Agreement. Any
attempted assignment of this Agreement other than in strict accordance with this Section 9.07
shall be null and void and of no force and effect.
9.08 No Third Party Beneficiary. Nothing in this Agreement, express or implied,
is intended to or shall confer upon any other person any right, benefit or remedy of any nature
whatsoever under or by reason of this Agreement.
9.09 Survival. The provisions of this Agreement that by their nature survive the
expiration or earlier termination of this Agreement (including, for example, payment and
indemnification obligations) shall so survive until the later of: (a) the date all applicable statutes
of limitation and/or time within which to make any claim or bring any legal action against the
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other in relation to such provision has expired; and (b) the date on which such provision is fully
performed in accordance with this Agreement.
9.10 Delay and Waiver. A Party’s failure to exercise or delay in exercising any
right, power or privilege under this Agreement shall not operate as a waiver; nor shall any single
or partial exercise of any right, power or privilege preclude any other or further exercise thereof.
9.11 Waiver of Jury Trial. EACH PARTY HERETO KNOWINGLY,
VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, ANY RIGHTS IT MAY HAVE TO A TRIAL BY
JURY IN RESPECT OF ANY LITIGATION, DIRECTLY OR INDIRECTLY BASED
HEREON, OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH, THIS
AGREEMENT.
9.12 Headings. Article, Section and paragraph headings have been inserted in this
Agreement as a matter of convenience for reference only and are not part of this Agreement and
shall not be used in the interpretation of any provision of this Agreement.
9.13 Counterparts. This Agreement may be executed in two or more counterparts,
and all such counterparts shall together constitute one and the same Agreement. The Parties
agree that electronic (including without limitation .pdf) or facsimile signatures of the Parties on
this Agreement shall have the same force and effect as original signatures.
[Signature page follows.]
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IN WITNESS WHEREOF, SolarCity and Owner have each duly executed this
Agreement as of the Effective Date.
OWNER:
City of Rancho Cucamonga
By: _____________________________________
Name: ____________________________________
Title: ___________________________________
SOLARCITY:
SOLARCITY CORPORATION
By: _______________________________________
Name: _______________________________________
Title: _______________________________________
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SCHEDULE 1
SYSTEM DESCRIPTION
Central Park: The design consists of aesthetically pleasing multiple solar shade structures, which include a stain to all 64 bollards to match the accents of the building and a tile mosaic outfacing the 24 bollards at the beginning and end of each row. Approximately half of the structures will cover the southern half parking lot and the other half will cover the northern parking lot. Our current design utilizes both parking lots to hit the site’s target production number at the least cost to the City. This design assumes that the soils at this site are viable for installing said solar structures. The design utilizes 2,592 Tier 1 Trina Solar 310W PV modules mounted on a 7˚ fixed tilt driven-pier solar shade structure system at 137˚ azimuth angle. The PV modules are wired into 1000Vdc strings of 18 modules, and strings are fed into string inverters located on the shade structure’s columns. The outputs of multiple inverters are then combined into a single AC load center. The outputs of the load centers will placed in PVC conduit and trenched to a final AC combining switchgear. This output of this switchgear will be routed through EMT conduit to the final point of interconnection. The final location of this switchgear will be determined by a final site audit.
Epicenter: The design consists of aesthetically pleasing multiple solar carport structures. Approximately half of the structures will cover Parking Lot B parking lot and the other half will cover the Parking Lot C. Our current design utilizes both parking lots to hit the site’s target production number at the least cost to the City. This design assumes that the soils at this site are viable for installing said solar structures. The design utilizes 3,564 Tier 1 Trina Solar 310W PV modules mounted on a 7˚ fixed tilt driven-pier solar shade structure system at 180˚ and 270˚ azimuth angles. The PV modules are wired into 1000Vdc strings of 18 modules, and strings are fed into string inverters located on the shade structure’s columns. The outputs of multiple inverters are then combined into a single AC load center. The outputs of the load centers will placed in PVC conduit and trenched to a final AC combining switchgear. This output of this switchgear will be routed through PVC conduit to a medium voltage step-up transformer. Medium voltage wire will be trenched in PVC conduit to a step-down transformer close to the final point of interconnection. The final location of the combining switchgear and transformers will be determined by a final site audit.
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Design Overview Summary – Post-Negotiations Final
Central Park Epicenter
kWDC 803.52 kW 1104.84 kW
kWAC 584 kW 778 kW
Module Model Trina Solar TSM-
310PD14
Trina Solar TSM-
310PD14
Module Power (W) 310 310
No. of Modules 2,592 3,564
Module Racking,
Method and
Supplier
MBL Solar Carport MBL Solar Carport
Tilt Angle 7 ˚ 7 ˚
Azimuth Angle 137 ˚ 180/270 ˚
Area covered
(Sq. ft.)
~55,000 ~72,000
Inverter Model Solectria PVI 28TL,
Solectria PVI 23TL
Solectria PVI 28TL,
Solectria PVI 23TL
Inverter Power
(kW)
28 kW or
23 kW
28 kW or
23 kW
Inverter Output
Voltage
480V 480V
No. Inverters 23 31
kWh/year 1 1,271,701 1,709,385
kWh/kW year 1 1,583 1,547
25 year kWh 29,956,126 40,266,190
Key Design
Assumptions
• Both sections of
parking lot required
for kWh target
• Weather station
budgeted in with
DECK DAS
• Soils will support
driven-pier racking
system
• 480V Line Side Tap
style Interconnection
• Includes aesthetic
staining of all 64
bollards with tile
mosaic on 24 of the
64
• Additional Conduit
included for future
use
• Parking lot B and C
required for kWh
target
• Weather station
budgeted in with
DECK DAS
• Soils will support
driven-pier racking
system
• Medium Voltage
step-up and step-
down transformer
required.
• 480V Line Side Tap
style
Interconnection
• Additional Conduit
included for future
use
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EXHIBIT A
SCOPE OF SERVICES
1. Fee Amount:
Site Name Central Park Epicenter
Year 1 $18,135.38 $21,596.28
Year2 $18,679.44 $22,244.16
Year 3 $19,239.82 $22,911.49
Year 4 $19,817.02 $23,598.83
Year 5 $20,411.53 $24,306.80
Year 6 $21,023.87 $25,036.00
Year 7 $21,654.59 $25,787.08
Year 8 $22,304.23 $26,560.70
Year 9 $22,973.35 $27,357.52
Year 10 $23,662.55 $28,178.24
Year 11 $24,372.43 $29,023.59
Year 12 $25,103.60 $29,894.30
Year 13 $25,856.71 $30,791.13
Year 14 $26,632.41 $31,714.86
Year 15 $27,431.38 $32,666.31
Year 16 $28,254.33 $33,646.29
Year 17 $29,101.96 $34,655.68
Year 18 $29,975.01 $35,695.35
Year 19 $30,874.26 $36,766.21
Year 20 $31,800.49 $37,869.20
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2. Scope of Work:
Frequency SCOPE OF WORK
Preventive Maintenance - PM work as described below is generally intended maintain the system in good working order as well as catch any potential issues. However, this work does not guarantee that the System will not experience outages or other related problems. All such reactive maintenance will be billed as Extra Work.
Inverters
1/year
Visual inspection of both interior and exterior of inverter for signs of leaks, physical damage, corrosion or deterioration. Inspection shall include that of the inverter pad as well. Visual inspection shall include looking for signs of pest or insect intrusion which could adversely affect the inverter performance or create health or safety issues. Verify torque marks on inverter connections have not moved. If necessary, re-torque connections to manufacturer's specifications. Perform thermal scans of key connection points with inverter Record total energy production to date Record Voc & Imp readings at all incoming DC and outgoing AC conductors Clean inverter filters and replace as necessary. Record inspection results. Any deficiencies requiring an additional trip to perform remediation services will be recorded as Extra Work
Transformers
1/year
Inspection Visual inspection of both interior and exterior of transformer for signs of leaks, physical damage, corrosion or deterioration. Inspection shall include that of the transformer pad as well. Verify torque marks on transformer connections have not moved. If necessary, re-torque connections to manufacturer's specifications. Record inspection results on Transformer Inspection Checklist Perform thermal scans of key connection points with transformer Record inspection results. Any deficiencies requiring an additional trip to perform remediation services will be
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recorded as Extra Work
DC Disconnects, Combiners, Wiring
1/year
Perform visual inspections Inspect inside and outside of all DC equipment for corrosion, weather tight integrity, intrusion of water, pests, dirt, or other debris Clean inside of equipment of debris Inspect conduits for loose connections, corrosion, and bonding. Conduct a spot check exposed wire for abrasions, faults, cuts, proper connections, and excessive ware. Perform thermal scans or disconnects, combiners, relays, switches, on the DC side of PV System Record inspection results. Any deficiencies requiring an additional trip to perform remediation services will be recorded as Extra Work Inspect terminations for proper torque settings wherever conductors are landed. Record any instances where tightening of connections is required Deficiencies during inspection will be recorded and marked as Extra Work for remediation. Measure and Record Voc and Imp. Record irradiance and temp when conducting testing. Note any instances where Voc or Imp fall below expected ranges
AC Disconnects, PV Load Centers, Wiring
1/year
Perform visual inspections Inspect inside and outside of all AC equipment for corrosion, weather tight integrity, intrusion of water, pests, dirt, or other debris Clean inside of equipment of debris Inspect conduits for loose connections, corrosion, and bonding. Conduct a spot check exposed wire for abrasions, faults, cuts, proper connections, and excessive ware. Perform thermal scans or disconnects, combiners, relays, switches, on the DC side of PV System Record inspection results. Any deficiencies requiring an additional trip to perform remediation services will be recorded as Extra Work
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Inspect terminations for proper torque settings wherever conductors are landed. Record any instances where tightening of connections is required Deficiencies during inspection will be recorded and marked as Extra Work for remediation. Measure and Record Voc and Imp. Record irradiance and temp when conducting testing. Note any instances where Voc or Imp fall below expected ranges
Meters and Sensors
1/year
Visual inspection and cleaning Visual inspection and cleaning of meteorological devices. Maintain meters and sensors as required by Operations Manual Record inspection results. Any deficiencies requiring an additional trip to perform remediation services will be recorded as Extra Work
Solar Modules
1/year
Visual Inspection Inspect modules for corrosion, discoloration, vandalism, burn marks, hot spots, cracks, or other related damage and theft Inspect modules for loose connections. Spot check random sample of modules at each array. Create report of any deficiencies to be corrected as Extra Work.
PV Racking and Mechanical Attachments
1/year
Visual Inspection of racking for: Loose or missing mechanical connections Corrosion Broken or damaged connections Check for secure bonding of ground lugs to racking as well as any corrosion from dissimilar metals Visual inspection of ground mount piers for hydro-collapse, erosion, deterioration Carport arrays shall have a "push test" of modules to verify secure connections. Modules will be pushed up on from below. Record inspection results. Any deficiencies requiring an additional trip to perform remediation services will be recorded as Extra Work
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Site Conditions and Civil Inspections
1/year
Visual inspection of site conditions. Fence and any roadway access inspections for erosion, damage, or corrosion Inspect and report on vegetation growth. Record if vegetation is or will affect insolation access to PV array. Record inspection results. Any deficiencies requiring an additional trip to perform remediation services will be recorded as Extra Work
Reporting
1/year or per
occurrence
SolarCity shall issue a report regarding all Preventative Maintenance services provided and any recommended corrective actions. Owner will have the opportunity to approve Extra Work based on report Contractor shall deliver report in an electronic fashion.
Extra Work: Corrective Maintenance
SolarCity will conduct reactive maintenance as required by the client or as necessary depending on deficiencies discovered in the Preventative Maintenance Report. Incidental repairs during the course of Preventative Maintenance will be conducted for no charge. These repairs will not constitute more than 1 man hour of work per System. Such repairs may include installing new fuses, making inter-module connections, or tightening loose connections. All other repairs will be billed on a T&M basis. A quote will be provided for such services before any action is taken.
Customer Support
Monday - Friday 9:00am – 5:00pm (PST) Optional Work (not included with Preventative Maintenance)
Warranty Servicing
SolarCity will act as the owner representative in warranty matters provide that there is such an agreement. Warranty servicing will include identifying problematic parts, interfacing with the manufacturer, sending and receiving appropriate paperwork and materials, installing new parts and send back old parts.
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Services will be billed on a T&M basis. Owner will collect any credits from the manufacturer which they can use to offset the cost of SolarCity warranty services.
Vegetation control
As required by
customer
Perform vegetation control. Vegetation trimming to bring weeds down to ground level Application of pre and post emergent herbicides to prevent long term seed germination. Will not prevent all weed growth but will eliminate the need for ongoing mowing services. Where spraying is not allowed trimming will be conducted around the array. Any and all chemical used on site will be recorded. Should it be required, reports will be distributed to appropriate authorities based on state and federal regulations
PV Array Washing
Two (2) times per year
Cleaning and washing of PV modules using a variety of methods depending on array type; ground mount, carport, or rooftop, as well as access to water. Collection and removal of water if required will incur an extra charge Soft bristle scrubber shall be used to remove hard or crusted on soiling Before and after pictures taken of the array in various spots to be included in report. SolarCity will consider Owner’s requested timing in good faith and attempt to comply with it, subject to considerations of operational availability and weather.
Meters and Sensors Calibration
Two (2) times per year
Verify accuracy and calibrate meters and sensors as per manufacturer's instructions. Assuming one meter and one sensor per project. Additional meters or sensors will be Extra. Any equipment needing to be sent off site for calibration or testing will be invoiced separately at owner's cost. Test and recalibrate pyranometers. Additional calibration beyond that recommended by manufacturer will be deemed Extra Work.
Extra Work: Time and Materials Charges
SolarCity hourly rates are not inclusive of materials needed for the system repairs. Materials will be charged at cost plus 15%. $75.00/hour - Field Service Technician hourly rate, Regular Time
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$100/hour - Field Service Technician hourly rate, Overtime or Non-business hours. $40/hour - General Laborer, Regular Time $60/hour - General Laborer, Overtime
Rates may be updated by SolarCity from time to time to reflect
changes in market pricing without the need for Owner’s consent
but not to exceed 3% per year in the aggregate. Invoicing will occur on a per occurrence basis. Terms are net 30.
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EXHIBIT B
INSURANCE
At all times during the Term, SolarCity and Owner shall maintain the following insurance, as
applicable:
1. SolarCity’s Insurance. SolarCity shall maintain (a) commercial general liability insurance with
coverage of at least $1,000,000 per occurrence and $2,000,000 annual aggregate, (b) automobile
liability insurance with coverage of at least $1,000,000 combined single limit, (c) employers
liability insurance with coverage of at least $1,000,000 and (d) workers compensation insurance as
required by law.
2. Owner’s Insurance. Owner shall maintain (a) property insurance on the Systems for the
replacement cost thereof and (b) commercial general liability insurance with coverage of at least
$1,000,000 per occurrence and $2,000,000 annual aggregate.
3. Policy Provisions. All required insurance policies shall (a) contain a provision whereby the insurer
agrees to give the party not providing the insurance thirty (30) days (ten (10) days in the event of
non-payment of premiums) written notice before the insurance is cancelled, or terminated, (b) be
written on an occurrence basis, (c) be maintained with companies either rated no less than A-VII
as to Policy Holder’s Rating in the current edition of A.M. Best’s Insurance Guide or otherwise
reasonably acceptable to the other party, and (d) on the commercial general liability policy, name
all Owner Indemnitees as additional insureds and (e) waive all rights of subrogation.
4. Certificates of Insurance. Upon the other Party’s request each Party shall deliver the other Party
certificates of insurance evidencing the above required coverage. A Party’s receipt, review or
acceptance of such certificate shall in no way limit or relieve the other Party of the duties and
responsibilities to maintain insurance as set forth in this Agreement.
5. Deductibles. Unless and to the extent that a claim is covered by an indemnity set forth in this
Agreement, each Party shall be responsible for the payment of its own deductibles.
[Remainder of page intentionally left blank.]
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EXHIBIT C
CALIFORNIA LABOR CODE COMPLIANCE
[Labor Code 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700]
1. Solar City acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works, and agrees to be bound by all the provisions thereof as though set forth in full herein.
2. This is a public work and requires the payment of prevailing wages for the work or craft in which the worker is employed for any public work done under the contract by Solar City or by any subcontractor pursuant to Section 1771 of the Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the Agency has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this contract from the Director of the Department of Industrial Relations. These rates are on file with the City or may be obtained at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. Solar City shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Solar City shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Solar City shall forfeit to the City, as a penalty, not more than $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of this Agreement.
3. Solar City agrees to comply with the provisions of California Labor Code Section 1776 which, among other things, require Solar City and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Solar City is responsible for compliance with Section 1776 by itself and all of its subcontractors.
4. Solar City agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Solar City is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
5. Solar City agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Solar City shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Solar City or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.
6. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Solar City hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I
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will comply with such provisions before commencing the performance of the work of this contract.”
Date Signature
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SOLAR OPERATION AND MAINTENANCE AGREEMENT
This SOLAR OPERATION AND MAINTENANCE AGREEMENT (this “Agreement”),
dated as of August ___, 2015 (the “Effective Date”), is between SolarCity Corporation, a
Delaware corporation (“SolarCity”), and City of Rancho Cucamonga, a municipal corporation
(“Owner”). SolarCity and Owner are sometimes referred to herein individually as a “Party” and
collectively as the “Parties”.
RECITALS
WHEREAS, Owner owns one or more solar power generation systems identified on
Schedule 1, attached hereto (“Systems”); and
WHEREAS, Owner wishes to engage SolarCity to perform certain operations and
maintenance services on the Systems on the terms and subject to the conditions set forth herein.
NOW, THEREFORE, in consideration of the foregoing and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby
agree as follows:
ARTICLE I
DEFINITIONS
The following capitalized terms used herein shall have the meanings specified in this
Article I.
“Affiliate” means a person that directly or indirectly through one or more intermediaries,
controls, or is controlled by, or is under common control with, the person specified.
“Agreement” has the meaning set forth in the preamble.
“Applicable Law” means all federal, provincial and municipal statutes, regulations,
codes, by-laws, orders in council, directives, rules, guidelines and ordinances of any
Governmental Authority applicable to this Agreement, including without limitation all applicable
California codes, rules or guidelines.
“Business Day” means any day on which commercial banks are not authorized or
required to close in the State of California.
“Effective Date” has the meaning set forth in the Preamble.
“Extra Work” means any services identified as Extra
Work in the Scope of Work, Exhibit “A” hereto, and any extra services not listed therein but are
requested by the Owner.
“Fee” has the meaning set forth in Section 2.01.
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“Force Majeure Event” means any event, condition or circumstance beyond the control of
SolarCity which, by the exercise of due foresight SolarCity could not reasonably have been
expected to avoid, and which by the exercise of due diligence SolarCity without fault attributable
to it is unable to overcome, including, but not limited to, action by a Governmental Authority,
failure to obtain or maintain a permit, license, consent or approval (provided, that SolarCity has
made timely and reasonable commercial efforts to obtain and maintain the same), third party
failure to timely provide goods or services, national or regional third party labor disputes, flood,
earthquake, fire, lightning, epidemic, war, terrorism, riot, civil disturbance or act of god.
“Governmental Authority” means any foreign, federal, state, local or other governmental,
regulatory or administrative agency, court, commission, department, board, or other
governmental subdivision, legislature, rulemaking board, court, tribunal, arbitrating body or
other governmental authority having jurisdiction or effective control over Owner, SolarCity,
their respective Affiliates or any System.
“Indemnifiable Loss” means any claim, demand, suit, loss, liability, damage, obligation,
payment, cost or expense (including, without limitation, the cost and expense of any action, suit,
proceeding, assessment, judgment, settlement or compromise relating thereto and reasonable
attorneys’ fees and reasonable disbursements in connection therewith) for personal and bodily
injury, death, stop notices and liens, and/or property damage.
“Owner” has the meaning set forth in the Preamble.
“Owner Indemnitee” has the meaning set forth in Section 4.02.
“Party” and “Parties” has the meaning set forth in the Preamble.
“Permits” means all governmental or regulatory approvals required for the ownership,
maintenance, operation and removal of each System.
“Prudent Industry Practices” means those practices, methods, standards, and acts
(including those engaged in or approved by a significant portion of the solar-generated electric
power industry for similar facilities in the United States) that at a particular time in the exercise
of good judgment, and in light of the facts known at the time the decision was made, would have
been expected to accomplish the desired result in compliance with all Applicable Laws and in a
manner consistent with safety, environmental protection, economy, and expedition. Prudent
Industry Practices are not necessarily defined as the optimal standard practice method or act to
the exclusion of others, but rather refer to a range of action reasonable under the circumstances.
“Services” means, collectively, the services set forth and described in Exhibit A attached
hereto, and all other obligations of SolarCity under Article II other than Extra Work.
“SolarCity” has the meaning set forth in the Preamble.
“SolarCity Indemnitee” has the meaning set forth in Section 4.01.
“System” has the meaning set forth in the Recitals.
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“Term” has the meaning set forth in Section 3.01.
ARTICLE II
SERVICES; STANDARDS
2.01 General; Compensation. Subject to the terms and conditions of this
Agreement, SolarCity shall provide the Services to Owner throughout the Term. Owner shall
compensate SolarCity for the Services as set forth in Exhibit A during the Term (the “Fee”).
Payments shall be made within 30 days after SolarCity’s tender of an invoice. In addition to the
Fee, materials costs and service costs incurred by SolarCity in performing Services that are not
covered by a manufacturer warranty will be billed to Owner at the rate set forth in Exhibit A,
which rates may be updated by SolarCity from time to time to reflect changes in market pricing
without the need for Owner’s consent but not to exceed 3% per year in the aggregate. Payment
for such materials costs shall be made thirty (30) days after Owner is invoiced therefor.
2.02 Extra Work. If SolarCity discovers that Extra Work is required or indicated,
SolarCity shall notify Owner of the need for such Extra Work. If Owner desires that SolarCity
perform Extra Work, then Owner and SolarCity shall enter into a supplement to this Agreement
describing the scope, price, any required Permits, and schedule of such Extra Work. SolarCity
shall provide any Extra Work to Owner in accordance with the provisions of this Agreement.
After completion of the Extra Work, SolarCity will invoice Owner for amounts due and payment
for such Extra Work shall be made by Owner within thirty (30) days after Owner is invoiced by
SolarCity therefor.
2.03 Standard of Performance; Warranty; Response Time.
(a) SolarCity shall ensure that all of its work under this Agreement is
performed in accordance with the normal standards of performance within the solar photovoltaic
power generation industry in the relevant market and Prudent Industry Practices, in each case as
applicable to the work being performed.
(b) SolarCity warrants that any service that it performs (whether as a part of
the Services or Extra Work) shall be free from defects for a period of 90 days from the date
performed. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
ARE HEREBY DISCLAIMED. If Owner notifies SolarCity of a defect in SolarCity’s services
within the foregoing warranty period, then Solar City shall promptly re-perform the affected
service in order to correct the defect and such re-performance shall be SolarCity’s sole liability
and Owner’s sole remedy for such warranty claim.
(c) SolarCity shall dispatch field service resources within two business days
of notification (via automated or manual means) for repairs as necessary to maintain system
performance. Any corrective action required to restore the system to fully operational status
shall be completed within a commercially reasonable time from the service resources arriving
on-site, with reasonableness considered in view of the service required.
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2.04 License. The Owner hereby grants SolarCity and its authorized agents,
employees and subcontractors a license to access and use Customer’s real and personal property
and the System to the extent required for SolarCity to perform its obligations under this
Agreement. Such license shall automatically expire immediately upon the earlier of the
termination or expiration of this Agreement.
2.05 Title. Title to all items, parts, materials and equipment supplied under or
pursuant to this Agreement to Owner shall transfer to Owner upon payment by Owner to
SolarCity for such items, parts, material and equipment.
2.06 Record-Keeping and Reporting. SolarCity shall keep and maintain a
maintenance log for the System in electronic format. The maintenance log shall contain
descriptions of maintenance services performed by SolarCity, follow-up activities, if any, that
are required, and other information relevant to SolarCity’s maintenance activities. Throughout
the Term, SolarCity shall, upon Owner’s request and at no expense to Owner, provide access to
the maintenance log to Owner on an annual basis.
2.07 Remote Monitoring. For purposes of determining when repair services are
necessary, SolarCity shall monitor and evaluate the information gathered through remote
monitoring of the System as well as the maintenance and inspection reports. If SolarCity is
using Owner’s internet connection to support remote performance monitoring, (a) SolarCity’s
ability to perform remote monitoring is conditioned upon Owner’s provision and maintenance of
a working internet connection for that purpose, and (b) if Owner at any time does not maintain
and provide SolarCity with access to a working internet connection, SolarCity shall notify
Customer of same after SolarCity’s discovery thereof and shall perform remote troubleshooting
with respect to same to the extent practicable. Notwithstanding anything to the contrary,
SolarCity shall not, and shall not be obligated to, (1) assist Customer with internet connectivity
issues or be obligated to restore Owner’s internet connection unless the loss of such connection
directly results from SolarCity’s acts or omissions, or (2) to perform remote monitoring when
there is not a working internet connection.
2.08 Permits.
(a) SolarCity shall be responsible for procuring, obtaining, maintaining and
complying with all Permits required for it to perform the Services under this Agreement. Permits
required for Extra Work shall be addressed in the supplement addressing such Extra Work.
(b) Owner shall cooperate with and assist SolarCity in obtaining all Permits
required to perform the Services and Extra Work. Notwithstanding anything in this Agreement
to the contrary, SolarCity shall be required to comply with Applicable Law at no additional
charge to Owner except to the extent additional charges are incurred by SolarCity due to
Owner’s acts or omissions.
2.09 Metering. SolarCity shall be responsible for maintaining each electricity-
related meter and related performance monitoring equipment that measures performance of the
System including, without limitation, the meter that relates to the System’s inverter (but
excluding all utility meters). Notwithstanding the foregoing, if a meter owned by SolarCity is
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damaged by Owner or Owner’s subcontractor, invitees or agents, then Owner shall reimburse
SolarCity for all documented costs, expenses and damages incurred by SolarCity to repair or
replace, as necessary, within thirty (30) days after receiving SolarCity’s invoice therefor.
2.10 Access to Data and Information. Owner hereby grants SolarCity reasonable
access and use rights with respect to all data and other information in Owner’s possession or
control consisting of data relating to the electricity production of each System, the weather
conditions at each site where each System is located, System design and construction
information and drawings, maintenance history information, System performance information,
warranty information, Site-related information and surveys) to the extent requested by SolarCity
in connection with this Agreement
2.11 Warranty Claims. To the extent that manufacturer warranties cover
replacement and/or repair of covered equipment during the Term, SolarCity shall use
commercially reasonable efforts to submit, process and pursue warranty coverage as Extra Work
in accordance with Section 2.02. In addition, because it may be necessary for warranty claims to
be submitted in the name of Owner, Owner shall provide such full and complete cooperation (at
Owner’s sole cost and expense) as SolarCity may reasonably require in connection with the
submission, processing and pursuit of warranty coverage. To the extent that Owner asks
SolarCity to perform warranty-related work for matters outside of those covered directly by
SolarCity’s workmanship warranty in Section 2.03(b), such work shall constitute (and SolarCity
shall be compensated for same as) Extra Work under this Agreement.
2.12 Labor Code Compliance. SolarCity acknowledges that this Agreement is
subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the
California Labor Code relating to public works, and agrees to be bound by all the provisions
thereof as though set forth in full herein, including those provisions set forth in Exhibit “C”
attached hereto.
ARTICLE III
TERM AND TERMINATION
3.01 Term. The term of this Agreement (the “Term”) shall commence on the
commercial operation date of the System and expire on the 20th anniversary of the commercial
operation date of the System unless terminated earlier under the provisions of this Agreement.
3.02 Termination for Default.
(a) Termination By Owner. Owner may terminate this Agreement if
SolarCity:
(i) files a petition in bankruptcy, or is adjudicated bankrupt, or takes
advantage of the insolvency law of any state or country, or makes an assignment for the
benefit of creditors, or has a receiver, trustee or other court officer appointed for its
property, or
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(ii) fails to perform any of its material obligations under this Agreement,
which failure is not remedied within thirty (30) calendar days of written notice of such
failure from Owner to SolarCity; provided, that if such failure cannot reasonably be
remedied within such thirty (30) calendar day period, and SolarCity commences to cure
such failure within such thirty (30) calendar day period and thereafter diligently seeks to
remedy such failure, then Owner shall not be entitled to terminate this Agreement until
such time as SolarCity ceases all reasonable endeavors to cure such failure.
(b) Termination by SolarCity. SolarCity may terminate this Agreement if
Owner:
(i) files a petition in bankruptcy, or is adjudicated bankrupt, or takes
advantage of the insolvency law of any state or country, or makes an assignment for the
benefit of creditors, or has a receiver, trustee or other court officer appointed for its
property;
(ii) fails to pay, in accordance with the terms of this Agreement, any
amounts due hereunder within thirty (30) calendar days after the date that such amount is
due; or
(iii) breaches this Agreement (other than failure to pay), which breach
is not remedied within thirty (30) calendar days of written notice of such failure from
SolarCity to Owner.
(c) Notice. A notice of termination given pursuant to the foregoing provisions
of this Section 3.02 shall specify in reasonable detail the circumstances giving rise to
such termination notice. Except to the extent otherwise provided herein, this Agreement
shall terminate on the date specified in the termination notice, which date shall not be
earlier than the date upon which the applicable Party is entitled to effect such termination
as provided above and not later than thirty (30) days from the date of such termination
notice.
(d) Notwithstanding the foregoing, Owner may terminate this Agreement for
any or no reason by providing SolarCity not less than sixty (60) days prior written notice
whereupon Owner shall be refunded one-hundred percent (100%) of the prorated amount
of service fees attributable to the number of months remaining in the then-current term;
less any reasonably documented costs for materials and expenses that SolarCity cannot,
using reasonable efforts, mitigate.
ARTICLE IV
INDEMNIFICATION
4.01 Indemnification of Owner by SolarCity. To the maximum extent permitted
by law, SolarCity shall indemnify, defend and hold harmless Owner and its and its elected
officials, officers, managers, directors, employees, partners, contractors, and agents (each, an
“Owner Indemnitee”) from and against any and all Indemnifiable Losses asserted against or
suffered by any Owner Indemnitee in any way relating to, resulting from or arising out of or in
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connection with any claims against an Owner Indemnitee to the extent actually or allegedly
involving (i) the negligence, fraud or willful misconduct of SolarCity, its Affiliates, or any of
their officers, employees, agents or its subcontractors, or (ii) any breach by SolarCity of its
representations and warranties under this Agreement, or (iii) any liens or stop notices arising out
any work performed by SolarCity pursuant to this Agreement; provided, that in each case,
SolarCity shall have no obligation to indemnify Owner to the extent such claim arises out of any
negligence, fraud or willful misconduct of Owner, its Affiliates or its subcontractors or the
breach by Owner of this Agreement
4.02 The absence of a contractual indemnity in favor of SolarCity does not, and
nothing herein shall be construed, to limit such remedies as SolarCity may have under applicable
law.
ARTICLE V
FORCE MAJEURE
5.01 If either Party is rendered wholly or in part unable to perform its obligations
under this Agreement because of a Force Majeure Event (“Excused Party”), the Excused Party
shall be excused from whatever performance is affected by the Force Majeure Event; provided,
that:
(a) The Excused Party shall, as soon as is reasonably possible after the
occurrence of the Force Majeure Event, give the other Party written notice describing the
particulars of the occurrence;
(b) the suspension of performance shall be of no greater scope and of no
longer duration than is required by the Force Majeure Event; and
(c) no obligation of the Excused Party which arose before the occurrence
causing the suspension of performance and which could and should have been fully performed
before such occurrence shall be excused as a result of such occurrence.
(d) For any one-half day or longer, for which Solar City has been paid, that
SolarCity is prevented from performing as required hereunder by a Force Majeure Event, one
work day shall be added to the current term of this Agreement, at no additional cost to Owner.
ARTICLE VI
LIMITATIONS ON LIABILITY
6.01 Aggregate Limit of Liability.
(a) IN NO EVENT SHALL SOLARCITY BE LIABLE TO OWNER
UNDER OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM
OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE), FOR ANY (i) MATTER BEYOND ITS REASONABLE
CONTROL, (ii) LOSS OF DATA, LOSS OR INTERRUPTION OF USE OF THE SYSTEM,
OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR EQUIPMENT, (iii)
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INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF
BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (iv) DIRECT DAMAGES, IN THE
AGGREGATE, IN EXCESS OF THE AMOUNTS SET FORTH IN SECTION 6.01(b)
HEREIN. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS
OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF
ANY REMEDY PROVIDED HEREIN.
(b) In no event will SolarCity be liable under this Agreement to Owner for an
aggregate amount in excess of an amount equal to the total amount actually paid to SolarCity
under the terms of this Agreement in any given year, less the amount of any damages then paid
by SolarCity under this Agreement, unless and to the extent such liability is the result of
SolarCity’s fraud, gross negligence or willful misconduct, in which case the foregoing limit shall
not apply. Any action by Owner under this Agreement must be brought within two (2) years
after the cause of action accrues.
(c) Notwithstanding the foregoing, the provisions of this Section 6.01 shall
not apply to SolarCity’s obligation to indemnify for third-party claims under Article IV of this
Agreement (nor shall the limitations apply to SolarCity’s obligation, if any, to indemnify Owner,
for claims initiated by SolarCity’s employees or subcontractors, and City’s employees).
ARTICLE VII
REPRESENTATIONS AND WARRANTIES
7.01 Representations and Warranties of Owner.
Owner represents and warrants that:
(a) Owner is incorporated, continued or established, organized and validly
subsisting under the laws of its jurisdiction of incorporation, continuation or formation;
(b) Owner possesses all requisite power and authority to enter into and
perform this Agreement and to carry out the transactions contemplated herein;
(c) Owner’s execution, delivery and performance of this Agreement have
been duly authorized and this Agreement has been duly executed and delivered and constitutes
Owner’s legal, valid and binding obligation, enforceable against Owner in accordance with its
terms, except as enforceability may be limited by bankruptcy, insolvency and other legal
principles pertaining to creditor’s rights;
(d) Except as otherwise contemplated herein, no material consent or approvals
are required in connection with the execution, delivery and performance by Owner of this
Agreement;
(e) The execution, delivery and performance by Owner of this Agreement will
not (i) violate any Applicable Law applicable to Owner, (ii) result in any breach of, or constitute
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any default under, any contractual obligation of Owner, or (iii) result in, or require, the
imposition of any lien or other encumbrance on any of the properties or revenues of Owner;
(f) Owner owns each of the Systems and has all of the rights required for it to
grant the rights and perform its obligations under this Agreement; and
(g) Owner has and at all times will have the ability to pay for its obligations
under this Agreement.
7.02 Representations and Warranties of SolarCity.
SolarCity represents and warrants that:
(a) SolarCity is a corporation duly organized and existing in good standing
under the laws of the State of Delaware;
(b) SolarCity possesses all requisite power and authority to enter into and
perform this Agreement and to carry out the transactions contemplated herein;
(c) SolarCity’s execution, delivery and performance of this Agreement have
been duly authorized and this Agreement has been duly executed and delivered and constitutes
SolarCity’s legal, valid and binding obligation, enforceable against SolarCity in accordance with
its terms, except as enforceability may be limited by bankruptcy, insolvency and other legal
principles pertaining to creditor’s rights;
(d) Except as otherwise contemplated herein, no material consent or approvals
are required in connection with the execution, delivery and performance by SolarCity of this
Agreement; and
(e) The execution, delivery and performance by SolarCity of this Agreement
will not (i) violate any Applicable Law applicable to SolarCity, or (ii) result in any breach of, or
constitute any default under, any contractual obligation of SolarCity.
ARTICLE VIII
INSURANCE
8.01 Each party shall, at its sole cost and expense, procure and maintain or cause
to be procured and maintained during the Term insurance in the types and amounts listed in
Exhibit B attached hereto, as applicable provided, however, that Owner may satisfy any
insurance requirements herein pursuant to its program of self-insurance.
ARTICLE IX
MISCELLANEOUS
9.01 Independent Contractors. The Parties acknowledge that SolarCity shall
perform its obligations under this Agreement and act at all times as an independent contractor
and nothing in this Agreement shall be interpreted or applied so as to make the relationship of
any of the Parties that of partners, joint ventures or anything other than independent contractors,
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and the Parties expressly disclaim any intention to create a partnership, joint venture, association
or other such relationship. Neither Party is granted any right (except as expressly provided
herein) on behalf of the other Party to assume or create any obligation or responsibility binding
such other Party. None of a Party’s employees, subcontractors or any such subcontractor’s
employees shall be or shall be considered to be employees of the other Party. Each Party shall
be fully responsible for the payment of all wages, salaries, benefits and other compensation to its
employees and all amounts due and owing to its subcontractors.
9.02 Notices. Any notice required or authorized to be given hereunder or any
other communication provided for under the terms of this Agreement shall be in writing and
shall be delivered personally or by reputable next Business Day express courier service or by
U.S. Mail, postage prepaid with proof of delivery, addressed to the relevant party at the address
stated below or at any other address notified by that party as its address for service. Any notice
so given personally shall be deemed to have been served on delivery, any notice so given by
express courier service shall be deemed to have been served the next Business Day after the
same shall have been delivered to the relevant courier, and any notice so given by U.S. Mail shall
be deemed to have been served on the third business day after the date of mailing. The Parties’
addresses for notice and service are:
To SolarCity: SolarCity Corporation
3055 Clearview Way
San Mateo, CA 94402
Attention: Legal
Email: contracts@solarcity.com
To Owner: City of Rancho Cucamonga
10500 Civic Center Dr.
Rancho Cucamonga, CA 91730
Attention: City Manager’s Office
Notwithstanding the foregoing, the Parties acknowledge that if the City requests access to the
maintenance log, such access will be provided by email transmission.
9.03 Applicable Law; Consent to Jurisdiction. This Agreement shall be governed
by and the rights, duties and obligations of the Parties shall be determined and enforced in
accordance with the laws of the State of California. The Parties further agree that any action or
proceeding brought to enforce the terms and conditions of this Agreement shall be maintained in
the state or federal courts with jurisdiction over the County of San Bernardino, California.
9.04 Entire Agreement. This Agreement, together with all attachments and
exhibits, all of which are hereby incorporated by reference herein, constitutes the entire
agreement with respect to the matters set forth herein and supersedes all prior agreements,
commitments, drafts, communication, discussions and understandings, oral or written, with
respect thereto. The provisions of this Agreement shall govern and control over any conflicting
provisions contained in any attachment or exhibit hereto.
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9.05 Further Assurances. Each Party agrees to do such further acts and things and
execute and deliver such additional agreements and instruments as the other may reasonably
require to consummate, evidence or confirm the agreements contained herein in the matter
contemplated hereby.
9.06 Severability. Whenever possible, each provision of this Agreement shall be
interpreted in such manner as to be effective and valid under all applicable laws and regulations.
If, however, any provision of this Agreement shall be prohibited by or invalid under any such
law or regulation in any jurisdiction, it shall, as to such jurisdiction, be deemed modified to
conform to the minimum requirements of such law or regulation, or, if for any reason it is not
deemed so modified, it shall be ineffective and invalid only to the extent of such prohibition or
invalidity without affecting the remaining provisions of this Agreement, or the validity or
effectiveness of such provision in any other jurisdiction.
9.07 Assignment and Subcontracting. Neither Party may assign its rights or
obligations hereunder, without the prior written consent of the other Party, which consent shall
not be unreasonably withheld, conditioned or delayed; provided that SolarCity may subcontract
in connection with certain of its maintenance obligations, and will be responsible for the acts and
omissions of any such subcontractor. Notwithstanding the foregoing, (i) SolarCity may, without
the need for Owner’s consent, (x) assign, mortgage, pledge or otherwise collaterally assign
SolarCity’s interests in this Agreement to any party providing financing to SolarCity, and (y)
directly or indirectly assign this Agreement to an Affiliate of SolarCity, and (ii) either Party may,
without the prior written consent of the other Party but with prior written notice, transfer or
assign this Agreement in its entirety to any person or entity succeeding to all or substantially all
of the assets of such Party or to a successor entity in a merger or acquisition transaction,
provided that such transferee or assignee shall be deemed to be fully bound by this Agreement
without demand or notice by Owner. No assignment of such rights or obligations may be made
by either Party with respect to less than all of the Systems subject to this Agreement. Any
attempted assignment of this Agreement other than in strict accordance with this Section 9.07
shall be null and void and of no force and effect.
9.08 No Third Party Beneficiary. Nothing in this Agreement, express or implied,
is intended to or shall confer upon any other person any right, benefit or remedy of any nature
whatsoever under or by reason of this Agreement.
9.09 Survival. The provisions of this Agreement that by their nature survive the
expiration or earlier termination of this Agreement (including, for example, payment and
indemnification obligations) shall so survive until the later of: (a) the date all applicable statutes
of limitation and/or time within which to make any claim or bring any legal action against the
other in relation to such provision has expired; and (b) the date on which such provision is fully
performed in accordance with this Agreement.
9.10 Delay and Waiver. A Party’s failure to exercise or delay in exercising any
right, power or privilege under this Agreement shall not operate as a waiver; nor shall any single
or partial exercise of any right, power or privilege preclude any other or further exercise thereof.
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9.11 Waiver of Jury Trial. EACH PARTY HERETO KNOWINGLY,
VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, ANY RIGHTS IT MAY HAVE TO A TRIAL BY
JURY IN RESPECT OF ANY LITIGATION, DIRECTLY OR INDIRECTLY BASED
HEREON, OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH, THIS
AGREEMENT.
9.12 Headings. Article, Section and paragraph headings have been inserted in this
Agreement as a matter of convenience for reference only and are not part of this Agreement and
shall not be used in the interpretation of any provision of this Agreement.
9.13 Counterparts. This Agreement may be executed in two or more counterparts,
and all such counterparts shall together constitute one and the same Agreement. The Parties
agree that electronic (including without limitation .pdf) or facsimile signatures of the Parties on
this Agreement shall have the same force and effect as original signatures.
[Signature page follows.]
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IN WITNESS WHEREOF, SolarCity and Owner have each duly executed this
Agreement as of the Effective Date.
OWNER:
City of Rancho Cucamonga
By: _____________________________________
Name: ____________________________________
Title: _____________________________________
SOLARCITY:
SOLARCITY CORPORATION
By: _______________________________________
Name: _______________________________________
Title: _______________________________________
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SCHEDULE 1
SYSTEM DESCRIPTION
Banyan Fire Station: The design consists of two aesthetically pleasing solar shade structures. One structure will cover the grassy area just north of the main building. The other shade structure will be on the northern section of the property (Area 1). This design assumes that the soils at this site are viable for installing said solar structures. The design utilizes 198 Tier 1 Trina Solar 310W PV modules mounted on a 7˚ fixed tilt driven-pier solar shade structure system at 180˚ azimuth angle. The PV modules are wired into 1000Vdc strings of 18 modules, and strings are fed into string inverters located on the shade structure’s columns. The outputs of multiple inverters are then combined into a single AC load center, which is mounted on a carport column. The output of this load center will placed in PVC conduit and trenched to the point of interconnection.
Day Creek Fire Station: The design consists of ground mount and aesthetically pleasing solar shade structures. This design assumes that the soils at this site are viable for installing said solar structures. The design utilizes 64 Tier 1 Trina Solar 310W PV modules mounted on a 25˚ fixed tilt pile-driven solar structure system at a 180˚ azimuth angle. The solar shade structure mounts include a “T” structure with 108 Tier 1 Trina Solar 310W PV modules tilted at 7˚ with 249˚ azimuth angle and an “L” structure with 54 Tier 1 Trina Solar 310W PV modules tilted at 7˚ with 157˚ azimuth angle ˚. The PV modules are wired into 1000Vdc strings of 18 modules, and strings are fed into string inverters located on the solar structures. The outputs of multiple inverters are then combined into a single AC load center, which is also mounted on the backside of the northern building. The output of this load center will placed in PVC conduit and trenched to the point of interconnection.
Design Overview Summary – Post-Negotiations Final
Banyan
Fire Station
Day Creek
Fire Station
kWDC 61.38 kW 70.06 kW
kWAC 56 kW 63 kW
Module Model Trina Solar TSM-
310PD14
Trina Solar TSM-
310PD14
Module Power (W) 310 310
No. of Modules 198 226
Module Racking,
Method and
Supplier
MBL Solar Carport
and Shade
Structure
MBL Solar Carport
and RBI Ground
Mount
Tilt Angle 7 ˚ 7 ˚/25 ˚
Azimuth Angle 180 ˚ 157/247/180 ˚
Area covered
(Sq. ft.)
~4,200 ~5,000
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Inverter Model Solectria PVI 28TL
Solectria PVI 23TL,
Fronius Symo 20.0-3
Inverter Power
(kW)
28 kW
23 kW or
20 kW
Inverter Output
Voltage
480V 480V
No. Inverters 2 3
kWh/year 1 100,687 111,322
kWh/kW year 1 1640 1,589
25 year kWh 2,371,778 2,622,295
Key Design
Assumptions
• North section
(Area 1) will be
flattened to allow
for shade
structure.
• Weather station
budgeted in with
DECK DAS
• Soils will support
driven-pier
racking system
• 480V Line Side
Tap style
Interconnection
• Height increased
to 14 feet on
northern array
and 18 feet on
Southern Array
• Additional Conduit
included for
future use
• Weather station
budgeted in with
DECK DAS
• Soils will support
pile-driven racking
system
• 480V Line Side Tap
style
InterconnectionAddi
tional Conduit
included for future
use
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EXHIBIT A
SCOPE OF SERVICES
1. Fee Amount:
Site Name Banyan Fire Day Creek
Year 1 $3,245.55 $4,268.35
Year2 $3,342.91 $4,396.40
Year 3 $3,443.20 $4,528.29
Year 4 $3,546.49 $4,664.14
Year 5 $3,652.89 $4,804.07
Year 6 $3,762.48 $4,948.19
Year 7 $3,875.35 $5,096.63
Year 8 $3,991.61 $5,249.53
Year 9 $4,111.36 $5,407.02
Year 10 $4,234.70 $5,569.23
Year 11 $4,361.74 $5,736.31
Year 12 $4,492.59 $5,908.40
Year 13 $4,627.37 $6,085.65
Year 14 $4,766.19 $6,268.22
Year 15 $4,909.18 $6,456.26
Year 16 $5,056.45 $6,649.95
Year 17 $5,208.15 $6,849.45
Year 18 $5,364.39 $7,054.93
Year 19 $5,525.32 $7,266.58
Year 20 $5,691.08 $7,484.58
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2. Scope of Work:
Frequency SCOPE OF WORK
Preventive Maintenance - PM work as described below is generally intended maintain the system in good working order as well as catch any potential issues. However, this work does not guarantee that the System will not experience outages or other related problems. All such reactive maintenance will be billed as Extra Work.
Inverters
1/year
Visual inspection of both interior and exterior of inverter for signs of leaks, physical damage, corrosion or deterioration. Inspection shall include that of the inverter pad as well. Visual inspection shall include looking for signs of pest or insect intrusion which could adversely affect the inverter performance or create health or safety issues. Verify torque marks on inverter connections have not moved. If necessary, re-torque connections to manufacturer's specifications. Perform thermal scans of key connection points with inverter Record total energy production to date Record Voc & Imp readings at all incoming DC and outgoing AC conductors Clean inverter filters and replace as necessary. Record inspection results. Any deficiencies requiring an additional trip to perform remediation services will be recorded as Extra Work
Transformers
1/year
Inspection Visual inspection of both interior and exterior of transformer for signs of leaks, physical damage, corrosion or deterioration. Inspection shall include that of the transformer pad as well. Verify torque marks on transformer connections have not moved. If necessary, re-torque connections to manufacturer's specifications. Record inspection results on Transformer Inspection Checklist Perform thermal scans of key connection points with transformer Record inspection results. Any deficiencies requiring an additional trip to perform remediation services will be
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recorded as Extra Work
DC Disconnects, Combiners, Wiring
1/year
Perform visual inspections Inspect inside and outside of all DC equipment for corrosion, weather tight integrity, intrusion of water, pests, dirt, or other debris Clean inside of equipment of debris Inspect conduits for loose connections, corrosion, and bonding. Conduct a spot check exposed wire for abrasions, faults, cuts, proper connections, and excessive ware. Perform thermal scans or disconnects, combiners, relays, switches, on the DC side of PV System Record inspection results. Any deficiencies requiring an additional trip to perform remediation services will be recorded as Extra Work Inspect terminations for proper torque settings wherever conductors are landed. Record any instances where tightening of connections is required Deficiencies during inspection will be recorded and marked as Extra Work for remediation. Measure and Record Voc and Imp. Record irradiance and temp when conducting testing. Note any instances where Voc or Imp fall below expected ranges
AC Disconnects, PV Load Centers, Wiring
1/year
Perform visual inspections Inspect inside and outside of all AC equipment for corrosion, weather tight integrity, intrusion of water, pests, dirt, or other debris Clean inside of equipment of debris Inspect conduits for loose connections, corrosion, and bonding. Conduct a spot check exposed wire for abrasions, faults, cuts, proper connections, and excessive ware. Perform thermal scans or disconnects, combiners, relays, switches, on the DC side of PV System Record inspection results. Any deficiencies requiring an additional trip to perform remediation services will be recorded as Extra Work
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Inspect terminations for proper torque settings wherever conductors are landed. Record any instances where tightening of connections is required Deficiencies during inspection will be recorded and marked as Extra Work for remediation. Measure and Record Voc and Imp. Record irradiance and temp when conducting testing. Note any instances where Voc or Imp fall below expected ranges
Meters and Sensors
1/year
Visual inspection and cleaning Visual inspection and cleaning of meteorological devices. Maintain meters and sensors as required by Operations Manual Record inspection results. Any deficiencies requiring an additional trip to perform remediation services will be recorded as Extra Work
Solar Modules
1/year
Visual Inspection Inspect modules for corrosion, discoloration, vandalism, burn marks, hot spots, cracks, or other related damage and theft Inspect modules for loose connections. Spot check random sample of modules at each array. Create report of any deficiencies to be corrected as Extra Work.
PV Racking and Mechanical Attachments
1/year
Visual Inspection of racking for: Loose or missing mechanical connections Corrosion Broken or damaged connections Check for secure bonding of ground lugs to racking as well as any corrosion from dissimilar metals Visual inspection of ground mount piers for hydro-collapse, erosion, deterioration Carport arrays shall have a "push test" of modules to verify secure connections. Modules will be pushed up on from below. Record inspection results. Any deficiencies requiring an additional trip to perform remediation services will be recorded as Extra Work
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Site Conditions and Civil Inspections
1/year
Visual inspection of site conditions. Fence and any roadway access inspections for erosion, damage, or corrosion Inspect and report on vegetation growth. Record if vegetation is or will affect insolation access to PV array. Record inspection results. Any deficiencies requiring an additional trip to perform remediation services will be recorded as Extra Work
Reporting
1/year or per
occurrence
SolarCity shall issue a report regarding all Preventative Maintenance services provided and any recommended corrective actions. Owner will have the opportunity to approve Extra Work based on report Contractor shall deliver report in an electronic fashion.
Extra Work: Corrective Maintenance
SolarCity will conduct reactive maintenance as required by the client or as necessary depending on deficiencies discovered in the Preventative Maintenance Report. Incidental repairs during the course of Preventative Maintenance will be conducted for no charge. These repairs will not constitute more than 1 man hour of work per System. Such repairs may include installing new fuses, making inter-module connections, or tightening loose connections. All other repairs will be billed on a T&M basis. A quote will be provided for such services before any action is taken.
Customer Support
Monday - Friday 9:00am – 5:00pm (PST) Optional Work (not included with Preventative Maintenance)
Warranty Servicing
SolarCity will act as the owner representative in warranty matters provide that there is such an agreement. Warranty servicing will include identifying problematic parts, interfacing with the manufacturer, sending and receiving appropriate paperwork and materials, installing new parts and send back old parts.
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Services will be billed on a T&M basis. Owner will collect any credits from the manufacturer which they can use to offset the cost of SolarCity warranty services.
Vegetation control
As required by
customer
Perform vegetation control. Vegetation trimming to bring weeds down to ground level Application of pre and post emergent herbicides to prevent long term seed germination. Will not prevent all weed growth but will eliminate the need for ongoing mowing services. Where spraying is not allowed trimming will be conducted around the array. Any and all chemical used on site will be recorded. Should it be required, reports will be distributed to appropriate authorities based on state and federal regulations
PV Array Washing
Two (2) times per year
Cleaning and washing of PV modules using a variety of methods depending on array type; ground mount, carport, or rooftop, as well as access to water. Collection and removal of water if required will incur an extra charge Soft bristle scrubber shall be used to remove hard or crusted on soiling Before and after pictures taken of the array in various spots to be included in report. SolarCity will consider Owner’s requested timing in good faith and attempt to comply with it, subject to considerations of operational availability and weather.
Meters and Sensors Calibration
Two (2) times per year
Verify accuracy and calibrate meters and sensors as per manufacturer's instructions. Assuming one meter and one sensor per project. Additional meters or sensors will be Extra. Any equipment needing to be sent off site for calibration or testing will be invoiced separately at owner's cost. Test and recalibrate pyranometers. Additional calibration beyond that recommended by manufacturer will be deemed Extra Work.
Extra Work: Time and Materials Charges
SolarCity hourly rates are not inclusive of materials needed for the system repairs. Materials will be charged at cost plus 15%. $75.00/hour - Field Service Technician hourly rate, Regular Time
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$100/hour - Field Service Technician hourly rate, Overtime or Non-business hours. $40/hour - General Laborer, Regular Time $60/hour - General Laborer, Overtime
Rates may be updated by SolarCity from time to time to reflect
changes in market pricing without the need for Owner’s consent
but not to exceed 3% per year in the aggregate. Invoicing will occur on a per occurrence basis. Terms are net 30.
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EXHIBIT B
INSURANCE
At all times during the Term, SolarCity and Owner shall maintain the following insurance, as
applicable:
1. SolarCity’s Insurance. SolarCity shall maintain (a) commercial general liability insurance with
coverage of at least $1,000,000 per occurrence and $2,000,000 annual aggregate, (b) automobile
liability insurance with coverage of at least $1,000,000 combined single limit, (c) employers
liability insurance with coverage of at least $1,000,000 and (d) workers compensation insurance as
required by law.
2. Owner’s Insurance. Owner shall maintain (a) property insurance on the Systems for the
replacement cost thereof and (b) commercial general liability insurance with coverage of at least
$1,000,000 per occurrence and $2,000,000 annual aggregate.
3. Policy Provisions. All required insurance policies shall (a) contain a provision whereby the insurer
agrees to give the party not providing the insurance thirty (30) days (ten (10) days in the event of
non-payment of premiums) written notice before the insurance is cancelled, or terminated, (b) be
written on an occurrence basis, (c) be maintained with companies either rated no less than A-VII
as to Policy Holder’s Rating in the current edition of A.M. Best’s Insurance Guide or otherwise
reasonably acceptable to the other party, and (d) on the commercial general liability policy, name
all Owner Indemnitees as additional insureds and (e) waive all rights of subrogation.
4. Certificates of Insurance. Upon the other Party’s request each Party shall deliver the other Party
certificates of insurance evidencing the above required coverage. A Party’s receipt, review or
acceptance of such certificate shall in no way limit or relieve the other Party of the duties and
responsibilities to maintain insurance as set forth in this Agreement.
5. Deductibles. Unless and to the extent that a claim is covered by an indemnity set forth in this
Agreement, each Party shall be responsible for the payment of its own deductibles.
[Remainder of page intentionally left blank.]
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EXHIBIT C
CALIFORNIA LABOR CODE COMPLIANCE
[Labor Code 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700]
1. Solar City acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works, and agrees to be bound by all the provisions thereof as though set forth in full herein.
2. This is a public work and requires the payment of prevailing wages for the work or craft in which the worker is employed for any public work done under the contract by Solar City or by any subcontractor pursuant to Section 1771 of the Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the Agency has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this contract from the Director of the Department of Industrial Relations. These rates are on file with the City or may be obtained at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. Solar City shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Solar City shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Solar City shall forfeit to the City, as a penalty, not more than $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of this Agreement.
3. Solar City agrees to comply with the provisions of California Labor Code Section 1776 which, among other things, require Solar City and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Solar City is responsible for compliance with Section 1776 by itself and all of its subcontractors.
4. Solar City agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Solar City is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
5. Solar City agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Solar City shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Solar City or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.
6. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Solar City hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I
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will comply with such provisions before commencing the performance of the work of this contract.”
Date Signature
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Performance Guarantee Agreement
This Performance Guarantee Agreement (“Agreement”) is entered into by the parties listed below (each a “Party” and collectively
the “Parties”) as of the date signed by Seller below (the “Execution Date”).
Purchaser: Seller:
Name
and
Address
City of Rancho Cucamonga
10500 Civic Center Dr., Rancho
Cucamonga, CA 91730
Attention: City Manager’s Office
Name
and
Address
SolarCity Corporation
3055 Clearview Way
San Mateo, CA 94402
Attention: Legal Department
Phone (909) 477-2700 Phone (650) 638-1028
Fax (909) 477-2846 Fax (650) 560-6460
E-mail Fabian.Villenas@CityofRC.us E-mail contracts@solarcity.com
This Agreement sets forth the terms and conditions of a performance guarantee provided by Seller in conjunction with that certain
AGREEMENT FOR DESIGN, INSTALLATION AND COMMISSIONING OF SOLAR/PHOTOVOLTAIC PROJECT by and
between Seller and Purchaser dated the same date as this Agreement and Operations and Maintenance Agreement by and between
Seller and Purchaser (“O&M Agreement”). For purposes of this Agreement, the AGREEMENT FOR DESIGN, INSTALLATION
AND COMMISSIONING OF SOLAR/PHOTOVOLTAIC PROJECT by and between Seller and Purchaser, shall mean and refer
solely to that certain “Agreement for Design, Installation and Commissioning of Solar/Photovoltaic System” entered into by and
between the City of Rancho Cucamonga and SolarCity Corporation. The purchase price for this Agreement will be One Hundred
Twenty Four Thousand, Four Hundred Twelve Dollars and Thirty One Cents $124,412.31, which shall be due and payable on the date
of Final Completion of the Systems, upon which date this Agreement will become effective (“Effective Date”).
All capitalized terms used hereunder shall have the meanings given such terms in the AGREEMENT FOR DESIGN,
INSTALLATION AND COMMISSIONING OF SOLAR/PHOTOVOLTAIC PROJECT and the O&M Agreement. The term of this
Agreement shall be concurrent with the term of the O&M Agreement. This Agreement will be updated as necessary by written
agreement of the Parties to reflect the as-built specifications of the System.
1. Warranty. Seller guarantees that during the period beginning on the Effective Date and subsequently for the term of the
O&M Agreement, the System will generate the guaranteed kilowatt-hours (kWh) (“Guaranteed kWh”) of energy set forth as follows:
A. If at the end of each successive sixty (60) month anniversary of the Commercial Operation Date the
cumulative Actual kWh (defined below) generated by the System is less than the Guaranteed kWh, then Seller will send
Purchaser a refund check equal to the difference between the Guaranteed kWh and the cumulative Actual kWh multiplied
by the Guaranteed Energy Price per kWh (defined below). Seller will make that payment within thirty (30) days after the end
of the relevant calendar year.
B. If at the end of each successive sixty (60) month anniversary of the Commercial Operation Date the Actual
kWh is greater than the Guaranteed kWh during any sixty (60) month period, this surplus will be carried over and will be
used to offset any deficits that may occur in the next true up period.
C. “Guaranteed kWh”:
Site Name Central Park Epicenter
Year 1-5 Guaranteed Production 6,295,237 8,461,883
Year 6-10 Guaranteed Production 6,139,422 8,252,441
Year 11-15 Guaranteed Production 5,987,463 8,048,183
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Year 16-20 Guaranteed Production 5,839,266 7,848,980
D. “Actual kWh” means the AC electricity produced by the System in kilowatt-hours measured and recorded
by Seller during each successive sixty (60) month anniversary of the Commercial Operation Date. To measure the Actual
kWh we will use the SolarGuard™ Monitoring Service or to the extent such services are not available, Seller will estimate
the Actual kWh by reasonable means, acceptable to Purchaser.
E. “Guaranteed Energy Price per kWh” means the dollar value per kWh as calculated in the table below:
Site Name Central Park Epicenter
Year 1-5 Guaranteed Energy Price $ 0.219 $ 0.120
Year 6-10 Guaranteed Energy Price $ 0.165 $ 0.112
Year 11-15 Guaranteed Energy Price $ 0.197 $ 0.121
Year 16-20 Guaranteed Energy Price $ 0.233 $ 0.143
2. Exclusions. The Warranty does not apply to any repair, replacement or correction required due to the following:
A. someone other than Seller or its approved service providers installed, removed, re-installed or repaired the
System;
B. Destruction or damage to the System or its ability to safely produce energy not caused by Seller or its
approved service providers while servicing the System (e.g., a tree falls on the System);
C. Purchaser’s failure to perform, or breach of, Purchaser’s obligations under the AGREEMENT FOR
DESIGN, INSTALLATION AND COMMISSIONING OF SOLAR/PHOTOVOLTAIC PROJECT or the
O&M (such as if Purchaser modifies or alters the System);
D. Purchaser’s breach of this Agreement including being unavailable to provide access or assistance to Seller
in diagnosing or repairing a problem or failing to maintain the System as stated in the Solar Operation and Maintenance
Guide;
E. any Force Majeure Event (as defined below);
F. a power or voltage surge caused by someone other than Seller including a grid supply voltage outside of the
standard range specified by the Utility;
G. Any System failure not caused by a System defect (e.g., such as making roof repairs); or
H. Theft of the System.
Seller hereby disclaims, and any beneficiary of this Agreement hereby waives any warranty with respect to any cost savings
from using the System.
3. Force Majeure. If Seller is unable to perform all or some of its obligations under this Agreement because of a Force
Majeure Event, Seller will be excused from whatever performance is affected by the Force Majeure Event, provided that:
A. Seller, as soon as is reasonably practical, gives Purchaser notice describing the Force Majeure Event;
B. Seller’s suspension of its obligations is of no greater scope and of no longer duration than is required by the
Force Majeure Event; and
C. No Seller obligation that arose before the Force Majeure Event that could and should have been fully
performed before such Force Majeure Event is excused as a result of such Force Majeure Event.
“Force Majeure Event” means any event, condition or circumstance beyond the control of and not caused by Seller’s fault or
negligence. It shall include, without limitation, failure or interruption of the production, delivery or acceptance of electricity due to: an
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act of god; war (declared or undeclared); sabotage; riot; insurrection; civil unrest or disturbance; military or guerilla action; terrorism;
economic sanction or embargo; civil strike, work stoppage, slow-down, or lock-out; explosion; fire; earthquake; abnormal weather
condition or actions of the elements; hurricane; flood; lightning; the binding order of any governmental authority (provided that such
order has been resisted in good faith by all reasonable legal means) the failure to act on the part of any governmental authority
(provided that such action has been timely requested and diligently pursued); unavailability of electricity from the utility grid,
equipment, supplies or products; and failure of equipment not utilized by Seller or under its control.
4. Notices. All notices under this Agreement shall be in writing and shall be by personal delivery, , overnight courier, or
regular, certified, or registered mail, return receipt requested, and shall be deemed received upon personal delivery, , the promised
delivery date after deposit with overnight courier, or five (5) days after deposit in the mail. Notices shall be sent to the party identified in
this Agreement at the address set forth above or such other address as either party may specify in writing.
5 Disputes. This Agreement shall be governed by and the rights, duties and obligations of the Parties shall be determined
and enforced in accordance with the laws of the State of California. The Parties further agree that any action or proceeding
brought to enforce the terms and conditions of this Agreement shall be maintained in the state or federal courts with jurisdiction
over the County of San Bernardino, California.
6. Assignment and Transfer of this Agreement. Seller may assign its rights or obligations under this Agreement to a third
party without Purchaser’s consent, provided that any assignment of Seller’s obligations under this Agreement shall be to a party
qualified to perform such obligation. This Agreement protects only the party that hosts the System. Purchaser’s rights and obligations
under this Agreement will be automatically transferred to any party to whom Purchaser properly transfers the AGREEMENT FOR
DESIGN, INSTALLATION AND COMMISSIONING OF SOLAR/PHOTOVOLTAIC PROJECT and the O&M Agreement.
7. Entire Agreement, Changes. This Agreement contains the Parties’ entire agreement regarding the matters set forth herein.
Seller ’s obligations under this Agreement are separate and distinct from the obligations of the Seller or its assigns under the
AGREEMENT FOR DESIGN, INSTALLATION AND COMMISSIONING OF SOLAR/PHOTOVOLTAIC PROJECT and the O&M
Agreement. No breach of this Agreement shall affect Purchaser’s or Seller’s obligations under the AGREEMENT FOR DESIGN,
INSTALLATION AND COMMISSIONING OF SOLAR/PHOTOVOLTAIC PROJECT or the O&M Agreement. The AGREEMENT
FOR DESIGN, INSTALLATION AND COMMISSIONING OF SOLAR/PHOTOVOLTAIC PROJECT and the O&M Agreement may
be assigned to a third party without assignment of Seller ’s obligations under this Agreement. Any change to this Agreement must be in
writing and signed by both Parties. If any portion of this Agreement is determined to be unenforceable, the remaining provisions shall
be enforced in accordance with their terms or shall be interpreted or re-written so as to make them enforceable. Provisions that should
reasonably be considered to survive termination of this Agreement shall survive.
City of Rancho Cucamonga
Signature:
Printed Name:
Title:
Date:
SolarCity Corporation
Signature:
Printed Name: ____________________________________
Title: ____________________________________________
Date:
P202
Performance Guarantee Agreement
This Performance Guarantee Agreement (“Agreement”) is entered into by the parties listed below (each a “Party” and collectively
the “Parties”) as of the date signed by Seller below (the “Execution Date”).
Purchaser: Seller:
Name
and
Address
Rancho Cucamonga
Fire Protection District
10500 Civic Center Dr., Rancho
Cucamonga, CA 91730
Attention: Deputy Fire Chief
Name
and
Address
SolarCity Corporation
3055 Clearview Way
San Mateo, CA 94402
Attention: Legal Department
Phone (909) 477-2700 Phone (650) 638-1028
Fax (909) 477-2846 Fax (650) 560-6460
E-mail Don.Cloughesy@CityofRC.us E-mail contracts@solarcity.com
This Agreement sets forth the terms and conditions of a performance guarantee provided by Seller in conjunction with that certain
AGREEMENT FOR DESIGN, INSTALLATION AND COMMISSIONING OF SOLAR/PHOTOVOLTAIC PROJECT by and
between Seller and Purchaser dated the same date as this Agreement and Operations and Maintenance Agreement by and between
Seller and Purchaser (“O&M Agreement”). For purposes of this Agreement, the AGREEMENT FOR DESIGN, INSTALLATION
AND COMMISSIONING OF SOLAR/PHOTOVOLTAIC PROJECT by and between Seller and Purchaser, shall mean and refer
solely to that certain “Agreement for Design, Installation and Commissioning of Solar/Photovoltaic System” entered into by and
between the City of Rancho Cucamonga and SolarCity Corporation. The purchase price for this Agreement will be Ten Thousand
Four Hundred Twenty Six Dollars and Five Cents $10,426.05, which shall be due and payable on the date of Final Completion of the
Systems, upon which date this Agreement will become effective (“Effective Date”).
All capitalized terms used hereunder shall have the meanings given such terms in the AGREEMENT FOR DESIGN,
INSTALLATION AND COMMISSIONING OF SOLAR/PHOTOVOLTAIC PROJECT and the O&M Agreement. The term of this
Agreement shall be concurrent with the term of the O&M Agreement. This Agreement will be updated as necessary by written
agreement of the Parties to reflect the as-built specifications of the System.
1. Warranty. Seller guarantees that during the period beginning on the Effective Date and subsequently for the term of the
O&M Agreement, the System will generate the guaranteed kilowatt-hours (kWh) (“Guaranteed kWh”) of energy set forth as follows:
A. If at the end of each successive sixty (60) month anniversary of the Commercial Operation Date the
cumulative Actual kWh (defined below) generated by the System is less than the Guaranteed kWh, then Seller will send
Purchaser a refund check equal to the difference between the Guaranteed kWh and the cumulative Actual kWh multiplied
by the Guaranteed Energy Price per kWh (defined below). Seller will make that payment within thirty (30) days after the end
of the relevant calendar year.
B. If at the end of each successive sixty (60) month anniversary of the Commercial Operation Date the Actual
kWh is greater than the Guaranteed kWh during any sixty (60) month period, this surplus will be carried over and will be
used to offset any deficits that may occur in the next true up period.
C. “Guaranteed kWh”:
Site Name Banyan Fire Station Day Creek Fire Station
Year 1-5 Guaranteed Production 498,425 551,072
Year 6-10 Guaranteed Production 486,088 537,432
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Year 11-15 Guaranteed Production 474,057 524,130
Year 16-20 Guaranteed Production 462,324 511,157
D. “Actual kWh” means the AC electricity produced by the System in kilowatt-hours measured and recorded
by Seller during each successive sixty (60) month anniversary of the Commercial Operation Date. To measure the Actual
kWh we will use the SolarGuard™ Monitoring Service or to the extent such services are not available, Seller will estimate
the Actual kWh by reasonable means, acceptable to Purchaser.
E. “Guaranteed Energy Price per kWh” means the dollar value per kWh as calculated in the table below:
Site Name Banyan Fire Station Day Creek Fire Station
Year 1-5 Guaranteed Energy Price $ 0.210 $ 0.206
Year 6-10 Guaranteed Energy Price $ 0.155 $ 0.149
Year 11-15 Guaranteed Energy Price $ 0.184 $ 0.177
Year 16-20 Guaranteed Energy Price $ 0.218 $ 0.211
2. Exclusions. The Warranty does not apply to any repair, replacement or correction required due to the following:
A. someone other than Seller or its approved service providers installed, removed, re-installed or repaired the
System;
B. Destruction or damage to the System or its ability to safely produce energy not caused by Seller or its
approved service providers while servicing the System (e.g., a tree falls on the System);
C. Purchaser’s failure to perform, or breach of, Purchaser’s obligations under the AGREEMENT FOR
DESIGN, INSTALLATION AND COMMISSIONING OF SOLAR/PHOTOVOLTAIC PROJECT or the
O&M (such as if Purchaser modifies or alters the System);
D. Purchaser’s breach of this Agreement including being unavailable to provide access or assistance to Seller
in diagnosing or repairing a problem or failing to maintain the System as stated in the Solar Operation and Maintenance
Guide;
E. any Force Majeure Event (as defined below);
F. a power or voltage surge caused by someone other than Seller including a grid supply voltage outside of the
standard range specified by the Utility;
G. Any System failure not caused by a System defect (e.g., such as making roof repairs); or
H. Theft of the System.
Seller hereby disclaims, and any beneficiary of this Agreement hereby waives any warranty with respect to any cost savings
from using the System.
3. Force Majeure. If Seller is unable to perform all or some of its obligations under this Agreement because of a Force
Majeure Event, Seller will be excused from whatever performance is affected by the Force Majeure Event, provided that:
A. Seller, as soon as is reasonably practical, gives Purchaser notice describing the Force Majeure Event;
B. Seller’s suspension of its obligations is of no greater scope and of no longer duration than is required by the
Force Majeure Event; and
C. No Seller obligation that arose before the Force Majeure Event that could and should have been fully
performed before such Force Majeure Event is excused as a result of such Force Majeure Event.
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“Force Majeure Event” means any event, condition or circumstance beyond the control of and not caused by Seller’s fault or
negligence. It shall include, without limitation, failure or interruption of the production, delivery or acceptance of electricity due to: an
act of god; war (declared or undeclared); sabotage; riot; insurrection; civil unrest or disturbance; military or guerilla action; terrorism;
economic sanction or embargo; civil strike, work stoppage, slow-down, or lock-out; explosion; fire; earthquake; abnormal weather
condition or actions of the elements; hurricane; flood; lightning; the binding order of any governmental authority (provided that such
order has been resisted in good faith by all reasonable legal means) the failure to act on the part of any governmental authority
(provided that such action has been timely requested and diligently pursued); unavailability of electricity from the utility grid,
equipment, supplies or products; and failure of equipment not utilized by Seller or under its control.
4. Notices. All notices under this Agreement shall be in writing and shall be by personal delivery, , overnight courier, or
regular, certified, or registered mail, return receipt requested, and shall be deemed received upon personal delivery, , the promised
delivery date after deposit with overnight courier, or five (5) days after deposit in the mail. Notices shall be sent to the party identified in
this Agreement at the address set forth above or such other address as either party may specify in writing.
5 Disputes. This Agreement shall be governed by and the rights, duties and obligations of the Parties shall be determined
and enforced in accordance with the laws of the State of California. The Parties further agree that any action or proceeding
brought to enforce the terms and conditions of this Agreement shall be maintained in the state or federal courts with jurisdiction
over the County of San Bernardino, California.
6. Assignment and Transfer of this Agreement. Seller may assign its rights or obligations under this Agreement to a third
party without Purchaser’s consent, provided that any assignment of Seller’s obligations under this Agreement shall be to a party
qualified to perform such obligation. This Agreement protects only the party that hosts the System. Purchaser’s rights and obligations
under this Agreement will be automatically transferred to any party to whom Purchaser properly transfers the AGREEMENT FOR
DESIGN, INSTALLATION AND COMMISSIONING OF SOLAR/PHOTOVOLTAIC PROJECT and the O&M Agreement.
7. Entire Agreement, Changes. This Agreement contains the Parties’ entire agreement regarding the matters set forth herein.
Seller ’s obligations under this Agreement are separate and distinct from the obligations of the Seller or its assigns under the
AGREEMENT FOR DESIGN, INSTALLATION AND COMMISSIONING OF SOLAR/PHOTOVOLTAIC PROJECT and the O&M
Agreement. No breach of this Agreement shall affect Purchaser’s or Seller’s obligations under the AGREEMENT FOR DESIGN,
INSTALLATION AND COMMISSIONING OF SOLAR/PHOTOVOLTAIC PROJECT or the O&M Agreement. The AGREEMENT
FOR DESIGN, INSTALLATION AND COMMISSIONING OF SOLAR/PHOTOVOLTAIC PROJECT and the O&M Agreement may
be assigned to a third party without assignment of Seller ’s obligations under this Agreement. Any change to this Agreement must be in
writing and signed by both Parties. If any portion of this Agreement is determined to be unenforceable, the remaining provisions shall
be enforced in accordance with their terms or shall be interpreted or re-written so as to make them enforceable. Provisions that should
reasonably be considered to survive termination of this Agreement shall survive.
Rancho Cucamonga Fire Protection District
Signature:
Printed Name:
Title:
Date:
SolarCity Corporation
Signature:
Printed Name: ____________________________________
Title: ____________________________________________
Date:
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P2
0
6
P2
0
7
P2
0
8
P2
0
9
P2
1
0
P2
1
1
P2
1
2
P2
1
3
P2
1
4
P2
1
5
Solar Photovoltaic
Systems at City/Fire
Facilities
Benefits of Solar Energy
Reduction of Greenhouse Gas Emissions
Reduce dependence on fossil fuels
Stimulate the local economy
Save money!
Solar Procurement
Milestones
September 2012
o SANBAG began countywide joint solar procurement initiative
October 2013
o Solar Feasibility Analysis Completed (NAM)
July 2014
o SANBAG Joint Solar Procurement initiative terminated
July 2014
o Rancho Cucamonga decides to move forward on its own
March 2015
o City issues RFP for Solar Procurement
April 2015
o RFP Proposals due
September 2015
o Award contract
RFP Process
Government Code Section 4217.12
Allows for award of Design Build Contract
Allows for award based on qualifications and
experience
o Not required to go to lowest bidder
Requires public hearing and findings of net cost
savings (Resolution No. 15-169 and FD 15-022)
Requested Direct Purchase and PPA proposals
Recommended Facilities
Central Park
Epicenter
Banyan Fire Station
Day Creek Fire Station
Award Recommendation
Interdepartmental selection committee
SolarCity proposal is highest ranked
Design Build Agreement
o Design, construction, and installation
Operations and Maintenance Agreement
o Preventive maintenance, warranty servicing, 24/7
monitoring
Performance Guarantee Agreement
o Compensation if system performs below standards
Design
Project
Complete
Construction
Permit
Evaluation
Commissioning
Preliminary
Project Schedule
8 months
September 2015 –April 2016
Net Benefit
City Facilities
$-
$1,000,000.00
$2,000,000.00
$3,000,000.00
$4,000,000.00
$5,000,000.00
$6,000,000.00
$7,000,000.00
Central Park Epicenter
En
e
r
g
y
S
a
v
i
n
g
s
Cost Net Benefit
Net Benefit
Fire District Facilities
$-
$100,000.00
$200,000.00
$300,000.00
$400,000.00
$500,000.00
$600,000.00
Banyan Fire Station Day Creek Fire Station
En
e
r
g
y
S
a
v
i
n
g
s
Cost Net Benefit
Project Net Benefit
City Facilities Net Benefit
Central Park $3,823,152
Epicenter $2,813,963
Fire Facilities Net Benefit
Banyan FS $167,033
Day Creek FS $192,330
Total Net Benefit $6,996,487
Financing Strategy
Central Park and Epicenter:
Interfund loans resolution (15-170)
1%interest rate
Utilize energy savings/incentives for repayment
Banyan and Day Creek Fire Stations:
Funding from Fire Capital Reserves
Solar Rebate Incentives of $1,000,642!!!
0
50,000
100,000
150,000
200,000
250,000
300,000
350,000
400,000
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Central Park
InterFund Net Benefit
0
50000
100000
150000
200000
250000
300000
350000
400000
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Epicenter
Interfund Net Benefit
Annual Net Savings
Rancho Cucamonga and Solar Energy
Library Demo
Corporate Yard City Hall
City/Fire
Facilities
0
500
1000
1500
2000
2500
2012 2013 2014 2015 2016 2017
kW
o
f
s
o
l
a
r
Year
Recommendations
Award energy services contracts for City and Fire District to SolarCity:
o Design-Build Agreements
o Operations and Maintenance Agreements
o Performance Guarantee Agreements
Amend Energy Engineering Services Agreement and increase PO for Phase 2
Adopt Resolution No. 15-170 authorizing an Interfund Loan (Central Park/Epicenter)
o From Capital Reserve Fund 025 in the amount of $5,594,768
o To General Fund 001 in the amount of $2,379,156
o To Sports Complex Fund 700 in the amount of $3,215,612
Adopt Resolution Nos. 15-169 and FD 15-022 in compliance with Government Code 4217.10
Authorize staff to appropriate the necessary funding into:
o General Fund 001
o Capital Reserve Fund 025
o Sports Complex Fund 700
o Fire District Capital Fund 288
STAFF REPORT
PL-\NN I NG D EP,-\RTl\!ENT
Date: September 2, 2015
To: Mayor and Members of the City Council
John R. Gillison, City Manager
From: Candyce Burnett, Planning Director
By: Jennifer Nakamura, Associate Planner
---------------
R_f\NCHO
CucAMONGA
Subject: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT
DRC2015-00610 CITY OF RANCHO CUCAMONGA -A supplement to Development
Code Update (DRC2010-00571) amending Title 17 (Development Code) of the Rancho
Cucamonga Municipal Code to modify landscaping standards and to clarify definitions,
administrative procedures and correct prior errors and omissions as well as a proposed
addendum to the General Plan Final Program Environmental Impact Report (FPEIR).
RECOMMENDATION: The Planning Commission and Staff recommend the City Council take the
following actions:
1. Adopt an addendum to the General Plan Program Environmental Impact Report for
Development Code Amendment DRC2015-0061 O; and
2. Approve Development Code Amendment DRC2015-00610 .
BACKGROUND: On July 18, 2012, the City Council adopted the City's updated Development Code.
The updated Development Code became effective on September 4 , 2012 . At the City Council
hearing, staff proposed to present Code updates on a regular basis to deal with issues that were
discovered after the Code became effective. Since September 2012, staff has presented several
Code amendments to address errors and update regulations.
The changes proposed in this amendment would: ( 1) correct technical errors and (2) revise
regulations for residential landscaping.
In January and April 2014 Governor Brown issued a series of proclamations declaring a drought
State of Emergency. Due to continuing drought conditions, the Governor issued Executive Order B-
29-15 on April 1, 2015, which required a mandatory 25% statewide reduction in urban water use
through February 2016; required commercial, industrial, and institutional users to implement water
efficiency measures; prohibited irrigation with potable water of ornamental turf in public street
medians; and placed additional restrictions on irrigation systems outside newly constructed homes
and buildings.
The State Water Resources Control Board (SWRCB) published a regulatory framework on April 7,
2015 and issued draft regulations on April 17, 2015 to meet the requirements of the Governor's April
1, 2015 Executive Order. The SWRCB adopted the emergency regulation on May 6, 2015. The final
regulation requires Cucamonga Valley Water District (CVWD) to reduce urban water use from June
2015 through February 2016 by 32% compared to the same months in 2013.
On May 12, 2015, the CVWD Board of Directors adopted Resolution No. 2015-5-3 which declared a
Stage 6 Severe Water Emergency. This resolution prohibits landscape watering within 48 hours of a
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CITY COUNCIL STAFF REPORT
DEVELOPMENT CODE UPDATE DRC2015-00610 -CITY OF RANCHO CUCAMONGA
September 2, 2015
Page 2
rain event and limits landscape watering to Tuesday, Thursday and Saturday for odd numbered
addresses and Wednesday, Friday and Sunday for even numbered addresses. In addition, a Stage
6 shortage prohibits the irrigation of turf with potable water on public street medians consistent with
the Governor's proclamation.
On May 29, 2015, the California Building Standards Commission approved emergency building
standards, effective June 1, 2015, to address exterior landscape irrigation systems applicable to new
development to reduce outdoor water use through more efficient landscape and irrigation design.
These standards impact the Water Efficient Landscape Ordinance, which created a landscape "water
budget" for specific development. At its core, these standards revise the calculations in the water
budget to reduce the amount of water that can be used for landscaping.
Since Governor Brown issued Executive Order B-29-15, staff has received numerous calls from
residential, commercial and industrial property owners inquiring about modifying their existing
landscape to reduce water consumption. According to the Metropolitan Water District, up to 70% of
residential water use is used for landscaping. The Development Code regulates landscape within
publicly visible areas such as the front yard and corner side yard and has standards for the minimum
amount of landscaping required within these areas. These standards are intended to create open
space in developed areas, promote groundwater recharge, create shade areas for passive cooling
of structures and maintain a pleasing aesthetic within the City. While these standards have
continued importance, the traditional use of turf and other high water use trees and shrubs that meet
these standards needs to be reconsidered. It is also important to develop standards that will be
compatible with landscaping needs in the high fire hazard areas.
At the direction of the City Manager, a team of staff has been studying and evaluating measures
necessary to address new regulations and mandates from the Governor and other State agencies
to conserve water. The Public Works Services Department has analyzed all facilities and parks
owned and controlled by the City to identify potential water saving improvements to reduce the City's
water consumption and has begun the conversion process. The Planning Department has reviewed
existing regulations to ensure property owners can make water saving changes to their outdoor
landscaping. Staff has developed the proposed revisions to the Code that would apply to residential
properties that will continue to require some landscaping but allow for water conserving designs.
These changes were previously presented to the City Council at a special study session on June 17,
2015. At that time, the Council directed staff to draft an amendment to the Development Code based
on the suggested changes.
Since the special study session, Public Works has ramped up their efforts to convert low use areas
from turf to mulch and updated water saving devices in many City facilities. The table below, based
on data provided by Cucamonga Valley Water District, shows the City has had consistent reduction
in water use since January 2015 compared to 2013.
2013 2015
Consumption Consumption Volume Percent
Month (Units ) (Units ) Reduction Reduction
January 24,223 16 ,261 7,962 33%
February 25,723 18 ,563 7,160 28% ----
March 26,529 18 ,938 7,591 29%
A p ril 81,555 53 ,962 27,593 34%
Ma y 67,269 54 ,094 13 , 175 20%
P217
CITY COUNCIL STAFF REPORT
DEVELOPMENT CODE UPDATE DRC2015-00610 -CITY OF RANCHO CUCAMONGA
September 2, 2015
Page 3
June 108,693 76,780 31 ,913 1--~~~-1-~-'-~~~-+~-'--~--~-~ 29%
Jul 103,253 62,077 41 ,176
~~~~~~-'-~~~~-~-'--~~~~·
40%
Planning staff has been working on revising the Development Code to incorporate the revisions
presented at the study session. During this process, as inquiries have come in from residents, staff
has been informally communicating the proposed changes to our landscaping regulations to better
help residents plan changes to their landscape and provide them enhanced flexibility ahead of the
text changes to the Code.
On July 22, 2015, the Planning Commission reviewed the proposed changes and recommended
approval. Staff will use the proposed residential landscaping standards as a guideline to implement
similar standards for commercial and industrial properties in a future code update.
In addition to the changes proposed for residential landscaping, staff is also amending the code to
address technical errors that have been discovered. All of the proposed changes to the Development
Code are outlined in the next section.
SUMMARY OF PROPOSED CHANGES: Staff recommends the changes to the Development Code
summarized below. Attachment 1 of the Ordinance prepared for the Council's consideration includes
the actual text changes to the Development Code. Typographic errors are not included in the
summary of proposed changes, but are included in the body of Attachment 1.
Article II Land Use and Development Procedures
1. Site Development Review. Amend Section 17.16.100 to revise the applicability threshold for
projects modifying commercial, industrial or institutional landscapes from 5,000 square feet to
2,500 square feet, consistent with new State regulations.
2. Specific Plan. Amend Section 17.22.030 to change the responsibility of determining the extent
of the submitted grading plan from the Grading Committee (which no longer exists) to the
Planning Director. This is a clarifying amendment to the text.
Article Ill Zoning Districts, Allowed Uses, and Development Standards
3. Allowed Uses. Amend allowed use regulations in Table 17.30.030-1 to prohibit Fuel Storage
and Distribution as a land use within the Hillside Residential (HR) District. Currently on the
land use table, the field is blank. This is a technical edit.
Article IV Site Development Provisions
4. Landscaping. Replace Chapter 17.56 in its entirety to revise and clarify residential landscaping
standards. While the entire chapter was not rewritten, it was reorganized. The changes
proposed relate only to residential landscaping standards, with the bulk of the changes made
to sections 17.56.070 and the addition of section 17.56.090.
5. Temporary Signs. Amend Section 17.74.090 A to allow temporary signs to be displayed for
ninety (90) days per calendar year, instead of nine (9) days. This is a technical error.
P218
CITY COUNCIL STAFF REPORT
DEVELOPMENT CODE UPDATE DRC2015-00610-CITY OF RANCHO CUCAMONGA
September 2, 2015
Page 4
Article V Specific Use Requirements
6. Temporary Uses . Amend Section 17.104.040 K to require all temporary living quarters on
construction sites meet requirements and regulations of the San Bernardino County
Department of Environmental Health Services instead of Riverside County. This is a technical
error.
In addition, any spelling, grammatical, and formatting errors that have been discovered since the
publishing of the Development Code will be corrected .
ENVIRONMENTAL ASSESSMENT: Pursuant to the California Environmental Quality Act ("CEQA")
and the City's Local CEQA Guidelines, an addendum to the General Plan Program Environmental
Impact Report (EIR) (SCH #2000061027) has been prepared. This Development Code Amendment
does not propose any substantial changes in the City's development regulations that were not
analyzed in the General Plan El R or that will require major revisions of the El R due to the involvement
of new significant environmental effects, or a substantial increase in the severity of previously
identified significant effects . As a consequence , an addendum is the appropriate level of
environmental review. The addendum is provided and shown as Attachment 2 of the Ordinance
prepared for the Council's consideration.
NOTICE: Pursuant to Government Code Section 65090, this item was advertised 14 days in
advance as a public hearing (1/8 page ad) in the Inland Valley Daily Bulletin newspaper. Because
this is a citywide amendment, no individual notice to property owners was provided.
Candyce B rnett
Planning Director
CB :JN/jp
Attachments: Exhibit A -Planning Commission Resolution No . 15-55 Recommend ing
Approval of Development Code Amendment DRC2015-00610
Exhibit B -Approved minutes from the Planning Commission meeting, July 22 ,
2015
Exhibit C -Ordinance No . 879
P219
RESOLUTION NO. 15-55
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL
OF DEVELOPMENT CODE AMENDMENT DRC2015-00610, A
SUPPLEMENTAL UPDATE TO THE DEVELOPMENT CODE.
A. Recitals.
1. The City of Rancho Cucamonga filed an application for Development Code
Amendment DRC2015-00610 for a supplemental update to the City's Development Code found
in Title 17 of the Rancho Cucamonga Municipal Code.
2. On July 22, 2015, the Planning Commission of the City of Rancho Cucamonga
conducted a duly noticed public hearing on the application and concluded said hearing on that
date.
3. All legal prerequisites prior to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning
Commission of the City of Rancho Cucamonga as follows:
1. The Planning Commission hereby specifically finds that all of the facts set forth in the
Recitals, Part A, of this Resolution are true and correct.
2. Based upon the substantial evidence presented to the Planning Commission during
the above-referenced public hearing on July 22, 2015, including written and oral staff reports,
together with public testimony, this Commission hereby specifically finds as follows :
a. The City Council adopted a comprehensive update to the City's Development
Code that implements the policies of the General Plan, in July 2012 . The new Development Code
became effective on September 4, 2012 .
b. Based on feedback received since the effective date of the Development Code,
the City prepared a set of amendments (the "Amendments"), which is included as Attachment A
to this Resolution and is hereby incorporated by this reference as if set forth in full.
c. Development Code Amendment DRC2015-00610 conforms to and does not
conflict with the General Plan, including without limitation, the Land Use Element thereof, and will
provide for development in a manner consistent with the General Plan.
d. Pursuant to the California Environmental Quality Act ("CEQA") and the City's
local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental
effects of the project. Based on the findings contained in that Initial Study, City staff determined
that there was no substantial evidence that the project would have a significant effect on the
environment. Based on that determination, a Negative Declaration was prepared. Thereafter,
the City staff provided public notice of the public comment period and of the intent to adopt the
Negative Declaration .
EXHIBIT A
P220
PLANNING COMMISSION RESOLUTION NO . 15-55
DEVELOPMENT CODE AMENDMENT DRC2015-00610 -CITY OF RANCHO CUCAMONGA
July 22, 2015
Page 2
e. The City has prepared an Addendum (the "Addendum") to the City of Rancho
Cucamonga General Plan Environmental Impact Report (SCH#2000061027) (the "Final EIR"),
attached hereto as Attachment B to this Resolution, which confirms that the environmental
impacts stemming from Development Code Amendment DRC2015-00610 were adequately
addressed in the Final EIR and that a subsequent EIR or Negative Declaration is not required for
the Development Code Update. The Planning Commission finds that the Addendum complies
with the California Environmental Quality Act, its implementing regulations at 14 California Code
of Regulations§ 15000 et seq., and the City's local CEQA guidelines (collectively "CEQA").
3. Based upon the findings and conclusions set forth in Paragraphs 1 and 2 above, the
Planning Commission hereby recommends that the City Council adopt Development Code
Amendment DRC2015-00610.
APPROVED AND ADOPTED THIS 22ND DAY OF JULY 2015.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
I, Candyce Burnett, Secretary of the Planning Commission for the City of Rancho Cucamonga,
do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and
adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of
the Planning Commission held on the 22nd day of July 2015, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER HOWDYSHELL, OAXACA, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MUNOZ
ABSTAIN: COMMISSIONERS:
NONE
2
P221
Rancho Cucamonga Development Code Article II, Chapter 17.16
2. The proposed use will be consistent with the purposes of the applicable zoning
district.
3. The proposed use will be consistent with the General Plan, any applicable
Specific Plan, and the Development Code.
E. Determinations. Determinations shall be made in writing and shall contain the facts
that support the determination . The Department shall maintain all such determinations
on record for review by the general public upon request. The notice of decision shall
be provided, in writing, to the applicant and interested parties. The notice shall include :
1. A brief statement explaining the criteria and standards considered relevant to
the decision .
2. A statement of the standards and facts relied upon in rendering the decision.
3 . An explanation of appeal rights and appeal deadlines .
Section 17.16.100 Site Development Review
A. Purpose. The purpose of Site Development Review is to provide for the administrative
review of projects which, because of their limited size and scope, have minor aesthetic,
land use, or traffic implications and do not create any significant impact on public
utilities or services and to ensure that such limited projects comply with all applicable
City standards and ordinances, and are not detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the immediate vicinity.
B. Applicability. All applications for Site Development Review are required for
residential, commercial, industrial, and institutional projects, which may or may not
involve the issuance of a Building Permit for construction or reconstruction of a
structure, which meets the following criteria :
1. Residential Projects. The following residential projects require Site
Development Review :
i. Modification to approved architectural designs and building
configurations for multifamily development . which do not create greater
bulk, scale, or change in the line of sight ;
ii. Residential additions equal to or greater than fifty percent (50%) of the
existing square footage .
iii. Architectural changes which change the basic form and theme;
iv. Exterior material or color changes which conflict with the original form
and theme and which are not consistent and compatible with the
original materials and colors;
v. New construction, expansion, reconfiguration or significant
reconstruction of driveways.
17.16-11
Attachment A
P222
Article II, Chapter 17 .16 Rancho Cucamonga Development Code
vi. Installation of a satellite dish or antenna greater than twenty (20) square
feet in surface area.
2 . Commercial, Industrial , and Institutional Projects . The following commercial,
industrial , and institutional projects require Site Development Review:
i. Changes to gross floor area of existing buildings or approved design
plans which do not result in more than a 10 percent change;
ii. New construct ion. expansion, reconfiguration or significant
reconstruction of parking lots or driveways.
iii. Modification to approved architectural designs and building
configurations . which do not create greater bulk, scale, or change in the
li ne of sight.
iv. Modificat ions to approved plans, which do not change the general
location and layout of the site .
v. The establishment and /or construction of an outdoor storage area on
the same site as , and in conjunction with , an existing business that is
less than ten percent ( 10 %) the gross floor area of the primary use .
vi. The construction and /or placement of s ilos , antennas not regulated by
Chapter 17 .106, water tanks , roof-or ground-mounted equipment
visible from public view, or sim il ar structures and equ ipment.
vii. Grading alterations to approved plans that do not change the bas ic
concept, increase slopes or build ing elevations or change the course of
drainage.
vi ii. Modificat ion to ex ist ing landscap ing or landscape plans in excess of
t:i~tl6anri (5 000-r-two thousand five hundred (2.500 ) square feet.
ix . Archite ctural changes wh ic h do not change the basic form and theme .
x. Exterior material or color changes which do not conflict with the orig i nal
form and theme and which are consistent and compatible with the
original materials and colors.
xi. Modifications to existing site features (e .g ., trellis, pergola , water
features ).
xii. Minor modifications to exterior elevations (e.g ., awn ings,
new/relocating doors and windows).
C. Review Process . An application for a Site Development Review shall be filed with the
Plann ing Department in a manner prescribed by the Planning Director with the
required fee as established by City Council resolution.
17.16-12
P223
Rancho Cucamonga Development Code Article II, Chapter 17.22
2. The Master Plan may include a procedure for review of proposed development,
such as:
i. Performance and development standard requirements related to
setbacks, lot area, intensity of development on each lot, parking
requirements, landscaping, and signs .
ii. Design standards and guidelines as appropriate for the specific site and
development.
iii. Open space plan including protection measures for significant natural
features, parks, and other site amenities.
iv . A site specific wildfire protection plan.
v. Types of projects that require review .
vi. Documents required from developers .
vii . Regulations relating to nonconforming lots, uses, structures , and signs.
viii. Time phasing and sequence of development projects .
D. Findings. A Master Plan shall not be adopted unless the following findings are made:
1. The proposed Master Plan is consistent with the goals, policies , and objectives
of the General Plan .
2. The proposed Master Plan meets the requirements set forth in this Title.
Section 17.22.030 Specific Plan and Planned Community
A. Purpose. The purpose of a Specific Plan is to provide a vehicle for implementing the
City's General Plan on an area-specific basis. The Specific Plan serves as a regulatory
document , consistent with the General Plan . In the event there is an inconsistency or
conflict between an adopted Specific Plan and comparable provisions of this Title, the
Specific Plan shall prevail. This Section describes the process for adopting and
amending Specific Plans and approving subsequent development under a Specific
Plan .
The City has also created a Planned Community process for the planning of large
areas of the City . The process and requirements for Planned Communities is the same
as for Specific Plans . The establishment of Specific Plans is generally preferred to the
establishment of Planned Communities.
B. Requirements. All Specific Plans and Planned Communities shall meet the following
requirements :
1. Minimum Size .
17.22-3
P224
Article II, Chapter 17.22 Rancho Cucamonga Development Code
17 .22-4
i. A Specific Plan District shall include a minimum area of three hundred
(300) contiguous acres, under single ownership or otherwise subject to
unified planning, construction, and development by a person,
corporation, or other entity; property owned by public utilities, local
districts or local governments will not be counted toward the three
hundred (300) acre minimum, but may be used as a connector of single
ownership.
ii. A Planned Community shall include a minimum area of two hundred
twenty (220) contiguous acres, under single ownership or otherwise
subject to unified planning, construction, and development by a person,
corporation, or other entity; property owned by public utilities, local
districts or local governments will not be counted toward the two
hundred twenty (220) acre minimum, but may be used as a connector
of single ownership.
2. Site Development Regulations and Performance Standards.
i. The Specific Plan District/Planned Community and all uses therein shall
be designed and developed in a manner compatible with and
complementary to existing and potential development in the general
vicinity of the district. Site planning on the perimeter shall provide for
the mutual protection of the district and surrounding property from
potential adverse influences.
ii. There shall be no minimum area, width, or depth requirement for
individual lots except as established by a development plan, a
Conditional Use Permit, or Development Review.
iii. There shall be no minimum yard requirement for individual lots except
as established by a development plan, a Conditional Use Permit, or
Development Review.
iv. There shall be no minimum usable open space requirement for
individual lots except as established by a development plan, a
Conditional Use Permit, or Development Review.
v. There shall be no maximum height or coverage requirement for
individual lots except as established by a development plan, Specific
Plan, Community Plan, Conditional Use Permit, or Development
Review.
vi. The maximum number of dwelling units within a Specific Plan
District/Planned Community shall not exceed the number of units
indicated by the General Plan for property within the district designated
for residential use by the General Plan, provided that the distribution of
units within the district and the maximum or minimum residential
density on any individual site or within designated portions of the district
shall be governed by the development plan, Conditional Use Permit, or
Development Review approval pursuant to the development plan.
P225
Rancho Cucamonga Development Code Article II, Chapter 17 .22
vii. All public streets within or abutting the development shall be dedicated
and improved to City specifications for that particular classification of
street. Private streets within the development shall be permanently
reserved and maintained for their intended purpose by means
acceptable to and enforceable by the City. Consideration of other forms
of access, such as pedestrian ways, court, plazas, driveways, horse
trails, bike trails, or open parking lots offered for dedication, may be
made at the time of the development plan and text consideration as a
means of meeting requirements for open space or park dedication
requirements.
viii. All development within a Specific Plan District/Planned Community
shall relate harmoniously to the topography of the site; shall make
suitable provision for the preservation of water courses, drainage
areas, wooded areas, rough terrain, and similar natural features; and
shall otherwise be so designed, inasmuch as possible, to use and retain
natural features and amenities to the best advantage to the extent that
public health, safety, or welfare is not compromised .
ix . Mechanical and electrical equipment, including air conditioners,
antennas, pumps, heating or cooling or ventilating equipment, exterior
lighting, or similar equipment, shall be located and operated in a
manner so as not to unreasonably disturb the peace, quiet, and comfort
of neighboring residents . Excluding roof-mounted solar collector panels
and decorative exterior lighting, all such equipment and devices shall
be screened from view from any abutting street and shall not be located
in a front yard.
x. All areas for storage of maintenance equipment and all service areas
including refuse storage and collection facilities shall be enclosed by a
fence, wall, or landscape screen .
xi. All uses with a Specific Plan District/Planned Community shall provide
off street parking and loading facilities pursuant to Chapter 17 .64
(Parking and Loading Standards).
xii. There shall be a proposed means for assuring continuing existence,
maintenance, and operation of the various common elements and
facilities .
xiii. Additional site development regulations and performance standards
applicable to individual uses or to designated portions of a Specific Plan
District/Planned Community may be established by the development
plan. Conditional Use Permit, location and development plan, or
Development Review approval pursuant to the development plan .
3 . Development Plan. The development plan to be submitted with an application
for a Specific Plan District/Planned Community shall include the following:
17.22-5
P226
Article II, Chapter 17.22 Rancho Cucamonga Development Code
17.22-6
i. A boundary survey map of the property and a calculation of the gross
land area within the proposed district. A tentative subdivision map may
be substituted if the applicant proposes to subdivide the property.
ii. A topographic map and general grading concept plan with specific
sections for sensitive areas, as determined by the --Gfa4A§ GoomHttee
Plannin g Director, for the property and adjacent land within one
hundred feet ( 100') of the property, shown at contour intervals not to
exceed two feet (2') for natural slopes over one percent (1%) or less .
For natural slopes over two percent (2%), the contour interval shall not
exceed five feet (5').
iii. Maps and supporting tabulations showing the current General Plan
land use designation, the current district classification, and the current
land use within the proposed district and on adjacent sites within three
hundred feet (300'). The location of structures and other significant
improvements shall be shown .
iv . A land use plan identifying areas within the proposed district and uses
to be developed therein, supported by proposed or projected acreage,
population, housing units, employment , and such related planning and
development data as the Planning Director may require.
v. A development plan indicating the general phasing or anticipated
schedule indicating the total phasing of the Specific Plan
District/Planned Community and areas to be developed in phases and
the anticipated time schedule for beginning of construction and for
completion of each phase of development including a pro rata share of
amenities , parks , and open space . This is a generalized schedule and
may be adjusted according to market constraints as the community
develops.
vi. A ci rculat ion plan showin g ex isting and proposed public and private
streets . pedestrian ways , tra ils. and related transportation access or
circulation features required to serve the proposed development. The
circulation plan shall be supported by schematic designs of principal
traffic and circulation improvements and such traffic engineering data
as required by the Planning Director to demonstrate that existing and
proposed facilit ies, both with in and outside the zone, shall be adequate
to serve land uses proposed by the development plan.
vi i. A preliminary report and overall plan describing anticipated
requirements and proposed means of providing utility facilities and
public serv ices , including but not limited to , storm drainage , sewage
disposal. water supply, wildfire protection, parks and recreation, and
school facilities.
viii. An accompanying development plan text setting forth the basic land
use regulations, site development regulations, and performance
standards designed to govern each use area identified by the land use
plan . The text need not incorporate the same level of detail as found in
P227
Article Ill. Chapter 17.30 Rancho Cucamonga Development Code
TABLE 17.30.030-1 ALLOWED LAND USES AND PERMIT REQUIREMENTS BY
BASE ZONING DISTRICT
Land Use/Zoning ...I :':!:: :c ::, c.. u u u u u 0 c.. a :i: :i: u, 0:: u u ...I :':!:: :c 0:: -District > ..J :':!:: :':!:: 0 z (!) u u, 0:: u :i 0 :c u. ::,
Residential Uses
Adult Day Care p P I P p p p p N N N N N N N N N N N N p N N Home
Caretaker Housing c c c c c c c p p p N N N N c c c c p c p p
Dwelling, Multi-N N I P p i p p p N N N N N N N N N N N N N N N Family
Dwelling, Second p p !p P 1 P p N N N N N N N N N N N N p p N N Unit (11 I '
Dwelling, Single-p P I P PIN N N N N N N N N N N N N N p p N N Family
Dwelling, Two-Family N N I P I PIP p p N N N N N N N N N N N N N N N
Emergency Shelter N N I N NIN N N N N p N N N N N c N N N N N N
Family Day Care c c c c l c c c N N N N N N N N N N N N c N N Home, Large 1111
Family Day Care p P I P I p p N N N N N N N N N N N N p N N Home, Small I
pip
Guest House p P\P N N N N N N N N N N N N N N N N N N N
Group Residential c c c clc c c c c c c N c N N N N N N c N N
Home Occupation 12 1 p PIP P I P p p N N N N N N N N N N N p p N N
Live-Work Facility N N 1 N J N :N N p N N N N N N N N N N N N N N N
Manufactured Home I
!31 p p p P I N N N N N N N N N N N N N N N p N N
Mobile Home Park i J , c c c c l c
I c N N N N N N N N N N N N N N N N
Residential Care N N N c l c c c N N N N N N N N N N N N N N N Facility
Residential Care I
Home
p P I P p i p p N N N N N N N N N N N N N p N N
Single-Room
NIN
I
N P !P p p N N N N N N N N N N N N N N N Occupancy Facility
Transitional Housing p PIP P\P p p N N N N N N N N N N N N p N N
Agriculture and Animal-Related Uses
Agricultural Uses N N I N NIN N N N N N N N N N N N N N p N p p
Animal Keeping , p p i p P I P p p N N N N N N N N N N N N p N N Domestic Pets H 1
Animal Keeping . I
clc Exotic Animals 1~,
c c 1c c c N N N N N N N N N N N N c N N
17.30-4
P228
Rancho Cucamonga Development Code Article Ill. Chapter 17.30
Land Use/Zoning ..I :i: ::c ::, a. 0 0 0 0 0 0 E: 5 :c II) c::: 0 (.) ..I :E ::c c::: -::c District > ..I :E :i: 0 z (!) 0 II) c::: 0 i 0 :c LL ::,
Veterinary Facility c N N NJN N c N p p c c c N N p p p N N N N
Automobile and Vehicle Uses
Auto Vehicle N N I N N I N N N N N N N N N N N N N c N N N N Dismantling I
Auto and Vehicle N N N N N N N c N c N N p N c c N N N N N N Sales and Rental
Auto and Vehicle N N I N N N N N p p p p N p p p N N N N N N N Sales, Autobroker
Auto and Vehicle N N I N N I N N N p p p p N p p p p N N N N N N Sales, Wholesale
Auto and Vehicle N N I N NIN N N N N N N N N N N c p p N N N N Storage
Auto Parts Sales N N J N N N N N N p p N N p N N N N N N N N N
Car Washing and N N N N N N N c c c c N c N N N N N N N N N Detailing
Recreational Vehicle N NIN NIN N N N N N N N N N N c c c N N N N Storage
Service Stations N N I N NJN N c c c p c N c c c c N N N N N N
Vehicle Services,
N I N
I
Major N N J N N N N N c N N N N N p p p N N N N
Vehicle Services, N N I N N I N N N c c p N N c N p p N N N N N N Minor I
Industrial, Manufacturing, and Processing Uses
Fuel Storage and N N I N N I N N N N N N N N N N N c c c N N N N Distribution I
Manufacturing, N NIN N I N N N N N N N N N N p p N N N N N N Custom
Manufacturing, N N I N N I N N N N N N N N N N N N N p N N N N Heavy
Manufacturing,
NIN Heavy-Minimum N N N N N N N N N N N N N N p p N N N N
Impact I
Manufacturing, Light N N I N N I N N N N N N N N N N p p N N N N N N
Manufacturing, I
NIN N N 1 N N N N N N N N N N p p p p N N N N Medium (9 1 I
Microbrewery N N i N N I N N N N N N N N N N p p N N N N N N
Printing and N N I N N N N N N N p N N N N p p N N N N N N Publishing I
Recycling Facility, N N I N N 1 N N N N p p N N N N N p p p N N N N Collection
17.30-9
P229
Rancho Cucamonga Development Code Article IV, Chapter 17.74
D. Regional Centers and Automobile Centers. The maximum number of signs
permitted, maximum area, and maximum height of signs for regional shopping and
automobile centers shall be determined as part of the uniform sign program.
E. Movie Theatres. Movie theatres are permitted a maximum of three hundred (300)
square feet of building attached signage. One sign is permitted per street frontage.
Movie theatres are also permitted monument signage consistent with the standards in
Table 17.74.080-1 (Signage Standards for Permanent On-Site Signs).
F. Service Stations. Signs for service stations shall be consistent with the standards
provided in Table 17.74.080-2 (Signage Standards for Permanent On-Site Signs for
Service Stations).
TABLE 17.74.080-2 SIGNAGE STANDARDS FOR PERMANENT ON-SITE SIGNS
FOR SERVICE STATIONS
Development Standards
Sign Type'1l
Maximum Number Permitted Maximum Area Maximum Height (2)
1 sign per
Monument street 36 sf 1 8 ft frontage, max
2 -1 sign per Max 4 signs Wall Sign . Primary street
Establishment frontage, max total between Roofline
2 all types
2 sf :1 ------If, max 50 sf
Wall Sign, Canopy 1 sign per Roofline street frontage
Wall Sign, Sub-1 sign per sub-establishment. 12 sf Roofline or 20 ft,
Establishment max 2 whichever is less
Table Notes.
( 1 J Only one sign is permitted.
(2} Includes pricing information as required by Business and Professions Code § 13530 et seq
Section 17.74.090 Allowed Temporary On-Site Sign Standards
This Section describes standards for temporary on-site signs. All temporary signs require a
temporary sign permit prior to their establishment. Temporary signs may include, but are not
limited to, commercial signs for grand openings or for special product, sale, or event advertising.
All temporary signs must comply with the standards listed in Table 17.74.090-1 (Allowed
Temporary On-Site Sign Standards) and are subject to the following:
A. Time Duration.
1. Generally. Display periods for temporary on-site signs shall be limited to a
maximum of nine (9) ninety (90) days per calendar year, either consecutive or
17.74-19
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Article IV, Chapter 17.74 Rancho Cucamonga Development Code
intermittent. Longer time periods may be permitted with issuance of a
Conditional Use Permit.
2 . Subdivision Signs .
a. All signs for subdivisions shall be removed within ten (10) days after all
lots in the subdivision are sold .
b. The subdivider shall provide the City with surety for the sign to ensure
compliance with these standards. Surety shall be in the form of a cash
deposit as established by resolution of the City Council.
B. Illumination. Temporary signs shall not be illuminated .
C. Message. Temporary signs displaying a commercial message shall be limited to on-
site signage only. Off-site signage displaying a commercial message shall not be
permitted .
TABLE 17.74.090-1 ALLOWED TEMPORARY ON-SITE SIGN STANDARDS
Development Standards
Sign Type Maximum Maximum Minimum
Number Maximum Area Setback from
Permitted Height ROW(1l
On-Site Subdivision Signs
1 sign per street 32 sf per side,
General Signs frontage of the max 2 sides (64 15 ft 5 ft boundary of the
project sf total)
Flags 6 flags 15 sf per flag 15 ft 5 ft
All Other Uses 121
Wall 1 sign per Roofline 5 ft
50 sf 13 1
Ground Sign establishment 8 ft 5 ft
Flags 1 flag 30 sf per flag 15 ft 5 ft
Table Notes :
(1) Must be located outside of the clear visibility triangle
(2) Choice of one sign type at a time .
(3) Temporary signs for special events in conjunction with an approved Temporary Use Permit are limited to a maximum of 25
square feet and require property owner approval.
S ection 17.74.100 Allowed Off-Site Signage
A. General Prohibition. Generally, all new off-site commercial signage is prohibited
within the city. Existing off-site commercial signs (e .g., billboards) are considered
nonconforming signs as regulated by Section 17.74.130 (Nonconforming Signs and
Abandoned Signs). However. consistent with state law, the City does permit off-site
subdivision directional signs as provided in this Section.
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Rancho Cucamonga Development Code Article IV, Chapter 17.56
Chapter 17.56 Landscaping Standards
Sections:
Section 17.56 .010 Purpose ............................................................................................. 17.56-1
Section 17.56 .020 Applicability ....................................................................................... 17 .56-1
Section 17 .56.030 Landscape and Irrigation Plans ......................................................... 17 .56-1
Section 17.56.040 Landscape Plan Review Process ...................................................... 17 .56-2
Section 17.56.050 General Landscape Development Standards .................................... 17.56-2
Section 17.56 .060 Special Landscape Requirements ..................................................... 17 .56-4
Section 17.56.070 Additional Requirements for Residential Areas .................................. 17 .56-7
Section 17 .56 .080 Removal and Replacement of Required Landscaping ....................... 17 .56-9
Section 17.56.010 Purpose
The purpose of this Chapter is to establish minimum landscape requirements to enhance the
appearance of developments, reduce heat and glare, control soil erosion, conserve water, ensure
ongoing maintenance of landscape areas, reduce wildfire hazards, and ensure that landscape
installations do not create hazards for motorists or pedestrians .
Section 17.56.020 Applicability
The requirements contained in this Chapter apply to all new and existing development and shall
be in addition to any other development standards and regulations contained elsewhere within
the Development Code (e.g., Water Efficient Landscaping).
Section 17.56.030 Landscape and Irrigation Plans
When this Chapter is applicable to new projects or existing development. as identified in Section
17.56.020 (Applicability), preliminary and final landscape plans shall be submitted in accordance
with the requirements of this Chapter and review of such plans shall be conducted as part of the
Design Review process .
A . Preliminary Landscape and Irrigation Plan. A preliminary landscape plan and
irrigation plan shall be submitted to the designated approving authority . This plan must
show a water budget that includes the estimate water use (in gallons), the irrigated
area (in square feet), precipitation rate, and flow rate in gallons per minute as well as
conceptual locations for trees , shrubs, ground cover, etc ., and a corresponding list of
planting material by species. quantity , and size .
B. Final Landscape and Irrigation Plan. After a preliminary landscape and irrigation
plan has been approved by the designated approving authority, a final landscape and
irrigation plan shall be submitted to the Planning Director in conjunction with site
improvement plans. The final landscape planting and irrigation plans shall be prepared
by a registered licensed landscape architect and shall be in substantial compliance
with the preliminary landscape and irrigation plan approved by the designated
approving authority . Final plans shall show the exact location of and irrigation for trees,
shrubs, and ground cover . The final landscape plan shall include, at a minimum, plant
name, plant quantity, plant size, location of impervious surfaces, utilities and lighting,
irrigation system, and plans for tree retention and removal where applicable. The final
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Article IV, Chapter 17.56 Rancho Cucamonga Development Code
landscape plan should also include a water budget that includes the estimate water
use (in gallons), the irrigated area (in square feet), precipitation rate, and flow rate in
gallons per minute .
Section 17.56.040 Landscape Plan Review Process
A. Landscaping Plans Subject to Review. When the requirements of this Chapter are
applicable as established in Section 17 .56 .020 (Applicability), the following landscape
plan review process shall be conducted in conjunction with design review for the
proposed action, pursuant to the requirements of Section 17.16.140 (Design Review).
1. Approving Authority . The designated approving authority shall be the same as
the designated approving authority of the entitlement for new projects or
existing development as identified in Section 17.56.020 (Applicability). For
projects in the wild land-urban interface fire area, the Fire Chief is an additional
approving authority.
2 . Approval of Preliminary and Final Plans . The designated approving authority
shall review and approve the preliminary landscape and irrigation plan. Upon
approval of the preliminary landscape and irrigation plan, a final landscape and
irrigation plan shall be submitted to the approving authority prior to issuance of
Building Permits for new projects or applicable expansions to existing
development as established in Section 17.56.020 (Applicability).
3. Approval Required. The landscaping shall not be installed until the applicant
receives approval of the final landscape and irrigation plan by the approving
authority and any applicable permits have been issued .
4 . Changes to Final Plans. Changes to the approved final landscape and
irrigation plans that affect the character or quantity of the plant material or
irrigation system design are required to be resubmitted for approval before
installation .
Section 17.56.050 General Landscape Development Standards
A . General Location for Landscape Improvements. Landscaping shall be provided in
the following locations for all types of development as listed below, unless the
designated approving authority determines that the required landscape is not
necessary to fulfill the purposes of this Chapter. Nothing in this Chapter is intended to
discourage landscape areas outside and beyond the minimum requirements listed
herein.
17.56-2
1. Setbacks . All setback areas required by this Code shall be landscaped in
compliance with this Chapter except where a required setback is occupied by
a sidewalk or driveway, or is enclosed and screened from abutting public rights-
of-way.
2. Undeveloped Areas . All areas of a project site not intended for a specific use
or purpose in conjunction with a current application, including pad sites being
held for future development, shall be landscaped in compliance with this
Chapter.
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Rancho Cucamonga Development Code Article IV, Chapter 17.56
3. Parking Areas. Within parking lots, landscaping shall be used for shade and
climate control, to enhance project design, and to screen the visual impact of
vehicles and large expanses of pavement consistent with the requirements of
this Chapter.
B. Plant Type. Landscape planting shall emphasize drought-tolerant and native species
(especially along natural, open space areas), shall complement the architectural
design of structures on the site, and shall be suitable for the soil and climatic conditions
specific to the site . In the wildland-urban interface fire area, planting shall emphasize
wildfire hazard reduction .
1. Planting Layout and Plant Diversity . Plant selection shall vary in type and
planting pattern. Informal planting patterns are preferred over uniform and
entirely symmetrical planting patterns. Use of deciduous flowering trees and
shrubs and colorful plantings is encouraged in conjunction with evergreen
species. Groupings of shrubs shall contain multiple plant types, interspersed
with varying heights and blooming seasons for year-round interest.
2 . Street and Parking Lot Trees. Street and parking lot trees shall be selected
from the City's adopted master list of street trees and parking lot trees . A
minimum of thirty percent (30%) of the street trees and parking lot trees,
respectively, shall be an evergreen species.
3. Trees planted within ten feet (1 O') of a street, sidewalk, paved trail, or walkway
shall be a deep-rooted species or shall be separated from hardscapes by a
root barrier to prevent physical damage to public improvements.
4. In the wildland-urban interface fire area, plant types shall not include those
identified as fire prone or those types that are specifically prohibited by the Fire
District.
C. Planting Size, Spacing, and Planter Widths . In order to achieve an immediate effect
of a landscape installation and to allow sustained growth of planting materials,
minimum plant material sizes, plant spacing . and minimum planter widths (inside
measurements) are as follows:
1. Trees . The minimum planting size for trees shall be fifteen (15) gallon, with
twenty-five percent (25%) of all trees on a project site planted at a minimum
twenty-four inch (24") box size. For commercial, office, community/civic, and
industrial development, tree spacing within perimeter planters along streets
and abutting residential property shall be planted no farther apart on center
than the mature diameter of the proposed species. Minimum planter widths for
trees shall be between five feet (5') and ten feet (10'), consistent with the City's
adopted master list of street trees and parking lot trees .
2 . Shrubs. Shrub planting shall be a minimum five (5) gallon size, with a fifteen
(15) gallon minimum size required where an immediate landscape screen is
conditioned by the designated approving authority (e.g ., screening of
headlights from drive-through aisles). The minimum planter width for shrubs is
four feet (4').
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Article IV, Chapter 17.56 Rancho Cucamonga Development Code
3. Ground Cover. Plants used for mass planting may be grown in flats of up to
sixty-four (64) plants or in individual one (1) gallon containers. Rooted cuttings
from flats shall be planted no farther apart than twelve inches (12") on center,
and containeriz~d woody, shrub ground cover plantings shall be planted no
farther apart than three feet (3') on center in order to achieve full coverage
within one year. Minimum planter width for ground cover is two feet (2'), with
the exception of sod, which requires a minimum planter width of six feet (6').
D. Synthetic Turf. Synthetic turf may be used as a substitute for natural turf for the
purposes of water conservation. The following standards shall apply to the use and
maintenance of synthetic turf.
1. Synthetic turf shall consist of lifelike individual blades of grass that emulate real
grass in look and color and have a minimum pile height of 1-1/2 inches.
2. A proper drainage system shall be installed underneath to prevent excess
runoff or pooling of water.
3. Synthetic turf shall be installed and maintained to effectively simulate the
appearance of a well maintained lawn.
4. The use of indoor or outdoor plastic or nylon carpeting as a replacement for
synthetic turf or natural turf shall be prohibited.
5. Synthetic turf shall be installed in combination with natural plant materials (e.g.
trees, shrubs and groundcover) to enhance the overall landscaping design.
E. Water Efficiency. If applicable, projects are required to comply with provisions within
Chapter 17.82 (Water Efficient Landscaping) of this Article.
Section 17.56.060 Special Landscape Requirements
In addition to the general requirements of Section 17.56.050 (General Landscape Development
Standards), the requirements listed below apply to the special types of landscaping. However, in
the wildland-urban interface fire area, the Fire District requirements preclude the application of
these special types of landscaping.
A. Residential Landscape. See Section 17.56.070 (Additional Requirements for
Residential Areas).
B. Project Entry Landscaping. Entries to multi-tenant projects (both residential and
nonresidential) shall be designed as a special statement reflective of the character and
scale of the project to establish identity for tenants, visitors, and patrons. Flowering
access plantings and specimen trees shall be used to reinforce the entry statement.
C. Trees Adjacent to Building Walls. With the exception of single-family housing
developments, trees shall be planted in areas of public view adjacent to structures at
a rate of one tree per thirty (30) linear feet of building dimensions, particularly to
interrupt expansive horizontal and vertical surfaces. Tree clusters may be used to
satisfy specific design objectives.
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Rancho Cucamonga Development Code Article IV, Chapter 17.56
D. Screening of Drive-Through Aisles. To screen vehicles and associated headlights
in a drive-through lane from view of abutting street rights-of-way, a minimum five foot
(5 ') wide planter shall include a minimum three foot (3') tall (maximum four foot (4')
tall) landscape barrier planted with trees and other landscaping consistent with those
in the parking area . At no time shall this landscape barrier be pruned in a manner that
allows the vehicle headlights from the drive-through lane to be visible from abutting
street rights-of-way . Plantings shall also be designed to discourage potential safety
issues (e .g., persons lying in wait).
E . Screening of Outdoor Equipment. Screening is required according to Chapter 17.48
(Fences , Walls, and Screening).
F . Wireless Communication Facilities. Where feasible , facilities shall be installed so
as to maintain and enhance existing landscaping on the site, including trees, foliage,
and shrubs, whether or not utilized for screening. Additional landscaping may be
planted around the tower and related equipment to buffer abutting residential zoning
districts or uses and to buffer public trails . Specifically, landscaping around the
perimeter of the facility (leased area) shall include dense tree and shrub plantings with
the necessary irrigation. Trees shall be fast-growing evergreen species, with a
minimum size of twenty-four inch (24 "') box. Shrubs shall be a minimum fifteen (15)
gallon size covering a minimum planter area depth of five feet (5') around the facility.
Trees and shrubs shall be planted no farther apart on center than the mature diameter
of the proposed species .
G. On-Site Pedestrian Pathways. Pedestrian pathway landscaping shall include shade
trees placed so as to cover sixty percent (60%) of the total pathway area with tree
canopies within fifteen ( 15) years of securing building permit.
H . Creeks. To the extent that landscaping or planting is required or provided along
creeks, such landscaping shall be native plants .
I. Public Spaces. Pedestrian space landscaping shall include a combination of shade
trees and pedestrian shading devices (e.g., canopies, awnings , and umbrellas) placed
so as to cover sixty percent (60%) of the total space with a shade canopy within fifteen
( 15) years of securing the building permit.
J . Signs. Landscaping shall be provided at the base of the supporting structure of
freestanding signs equal to twice the area of one face of the sign . For example , fifty
(50) square feet of sign area requires one hundred (100) square feet of landscaped
area .
K. Buffering Between Uses. A landscape buffer shall be provided between residential
and nonresidential uses and between single-family uses and multi-family uses
containing three (3) or more units . Buffer areas shall include a minimum ten-foot (10 ')
wide planter strip with shrubs and both deciduous and evergreen trees planted a
maximum of thirty feet (30') on center.
L. Interior Property Boundaries. When a landscaped area is provided, trees shall be
planted at a rate of one tree per thirty (30) linear feet of interior property line within a
planter area that is a minimum of six feet (6') wide . Tree clusters may be used to satisfy
specific design objectives.
17 .56-5
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Article IV, Chapter 17.56 Rancho Cucamonga Development Code
M. Sound Walls/Masonry Walls. Where setback and open space areas are screened
from public view by walls or similar approved structures , landscaping shall be provided
such that fifty percent (50%) of the wall shall be covered by landscape material within
five (5) years .
N. Parking Lot Landscape. Parking lot landscape includes perimeter planters, abutting
parking lots and drive aisles, tree planting for parking lot shade , and a combination of
continuous planting strips, planting fingers, and parking islands throughout the parking
lot. Parking lot landscape requirements applicable to parking lots commercial,
industrial, mixed-use, and multi-family parking lots with five (5) or more spaces are
listed below:
17.56-6
1. Number of Trees Required. Trees shall be required at a rate of one (1) tree for
every three (3) parking stalls. At maturity, trees should reach a minimum height
and spread of forty feet ( 40') so as to form a shade canopy over parking stalls.
Smaller ornamental trees may not be used to satisfy this requirement. The
minimum width for planters containing a parking lot tree is six feet (6'). Tree
selections shall be approved by the Planning Director.
2. A minimum of ten percent (10%) of the total off-street parking area shall be
landscaped with trees, shrubs , and appropriate ground cover. The parking area
shall be computed by adding the areas used for access drive aisles, stalls,
maneuvering, and landscaping within that portion of the premises that is
devoted to vehicular parking and circulation .
3. Each unenclosed parking facility shall provide a perimeter landscaped strip at
least five feet (5 ') wide (inside dimension) where the facility adjoins a side or
rear property line. The perimeter landscaped strip may include any landscaped
yard or landscaped area otherwise required and shall be continuous, except
for required access to the site or parking facility .
4. Screening . All surface parking areas shall be screened from streets and
adjoining properties. and the open space areas between the property line and
public street right-of-way shall be landscaped with a combination of trees,
shrubs, and ground cover. Screening between residential and nonresidential
uses shall not be less than five feet (5') in height. Parking lot landscaping shall
be located so that pedestrians are not required to cross unpaved areas to reach
building entrances from parked cars (see Figure 17.56 .060-1 [Parking Lot
Landscaping]).
5 . Existing Trees. Existing mature trees on the site in good health shall be
preserved whenever possible .
6 . Planter Design . All parking lot planters shall be designed to meet the following
minimum requirements (see Figure 17 .56.060-2 [Parking Lot Planter Design]):
a . Planters shall be separated from maneuvering and parking areas by a
six inch (6''), raised concrete curb or equivalent.
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Rancho Cucamonga Development Code Article IV, Chapter 17.56
b. Tree planting wells located at the front of parking stalls shall contain a
minimum of twenty-five (25) square feet and the smallest outside
dimension shall not be less than five feet (5').
c . Landscape planters along the sides of parking stalls shall contain a
minimum of ninety (90) square feet and the smallest outside dimension
shall not be less than six feet (6').
FIGURE 17.56.060-1 PARKING LOT LANDSCAPING
Landscape Screen \: .. ' • ( _ ; :..,
,:J .... ,j.
,..-;::....r"", .......... -....... ; ... _ -
:;~ .. ;:
.. : ,_
\ '1 ...
-~ ... ·er,
;;:,,..., .. _ .
.... ··'("_ -.J
. . I ....
Low Profile Wall
FIGURE 17.56.060-2 PARKING LOT PLANTER DESIGN
---90 SQ FT . M inimum Planter ---·
Alo n g Side of Sta ll
OR
----25 SQ FT. M in im um Planter ----
Along Per Stall Front
Section 17.56.070 Residential Landscape Development Standards
A. Front Yard Defined. For the purposes of this Section, ·'front yard " shall mean the
area extending across the full width of the lot between the back of sidewalk and the
building or structure on said lot. For corner lots, the area extending the full depth of
the lot between the back of sidewalk and any perimeter fence, wall or structure, and
visible from the right-of-way shall also be included. Lots without parkway and sidewalk
improvements shall be measured from the back of curb (See Figure 17.56.070-1 [Front
Yard Landscaping Area]).
17.56-7
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Article IV, Chapter 17.56 Rancho Cucamonga Development Code
B. Front Yard Landscaping Ratio. Table 17.56.070-1 (Front Yard Landscaping
Requirements) sets forth the standards for landscaping on residential single family
lots .
TABLE 17.56.070-1 FRONT YARD LANDSCAPING RATIO
I Feature/District VL L LM M
I Hardscape (Max) 50% 50% 50% 50%
I I Landscape (Min) 25% 25% 25% 25%
I Decorative Hardscape (Max) 25% 25% 25% 25%
C. Front Yard Landscaping. Front yard landscaping requirements applicable to single
family residential lots are listed below:
17 .56-8
1. Turf areas should be minimized to active play areas where feasible. The use
of warm season turf, when desired is preferred .
2. Fountains shall be counted as landscape for the purposes of calculating the
front yard landscaping ratio and must use a recirculating water system.
3. Synthetic turf shall be counted as landscape for the purposes of calculating the
front yard landscaping ratio and shall comply with the requirements of Section
17.56.050 (General Landscape Development Standards).
4 . Landscape minimum shall be calculated based on the size of the plants at
maturity . Landscapes should be designed with appropriate plant spacing
based on the mature size of the plant.
5. Decorative hardscape . On smaller lots, decorative hardscape can, but is not
required to be limited to one material. To provide visual interest on larger lots
decorative hardscape shall use more than one uniform size, color or type of
material. Decorative hardscape materials can vary in either size, variety or
color or material. Table 17.56.070-2 sets forth the standards for landscaping
on residential single family lots, based on overall lot size.
TABLE 17.56.070-2 DECORATIVE HARDSCAPE
Lot Size Types Required
Less than 5,000 Sq . Ft. No variation required
5,001 -10,000 Sq. Ft. Minimum of 2
10,001 Sq . Ft. or more Minimum of 3
6 . Decorative hardscape shall not be fixed firm in place with concrete or other
materials that prevent water percolation or create excess runoff.
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Rancho Cucamonga Development Code Article IV, Chapter 17.56
D. Trees Required. Table 17.56.070-3 (Trees Required in Residential Zones) sets forth
minimum standards for the number and size of trees, both on-and off-site, for new
development.
TABLE 17.56.070-3 TREES REQUIRED IN RESIDENTIAL ZONES
Feature/District LM M MH H
Number of trees/gross acre 40 45 50 50
Percentage of 48-inch box or larger trees 0 0 5% 10%
Percentage of 36-inch box trees 0 10% 5% 10%
Percentage of 24-inch box trees 10% 10% 20% 10%
Percentage of 15-gallon trees 90% 80% 70% 70%
E. New windrow plantings of Eucalyptus maculata (spotted gums) or equivalent may be
required to perpetuate a windbreak system at a ratio of fifty (50) linear feet per acre .
The location of required windrow plantings shall be generally guided by the established
330-foot x 660-foot grid pattern . Required windrows may follow any portion of this grid,
provided the total length of windrows meets or exceeds the minimum length. The use
of the 330-foot x 660-foot planting grid is not meant to discourage development of
curvilinear local streets. The size, spacing, staking, and irrigation of these trees shall
be in accordance with the tree replacement policies set forth in Section 17.56.080
(Removal and Replacement of Required Landscaping) except within the Urban
Wildlife interface area (no eucalyptus allowed).
F. New Development. All new development shall comply with the approved final
landscape plans and shall be completely installed prior to occupancy .
Section 17.56.080
Landscaping
Removal and Replacement of Required
A. Replacement Sizes. All plant material removed from a project in which the Planning
Department has approved the landscape plan shall be replaced with the following
replacement sizes : shrubs -five (5) gallon size; ground cover -flats . Size of
replacement trees shall be determined by the Planning Director based on the
conditions of the property . Trees removed or severely and improperly trimmed shall
be replaced with an appropriately sized tree as determined by the Planning Director .
B. Tree Removal Requirements. Requirements for tree removal shall be pursuant to
Chapter 17.80 (Tree Preservation).
Section 17.56.090 Parkway Landscaping
A. Responsibility. Pursuant to the requirements of this chapter, the owner of private
property adjoining the area between the curb and the sidewalk known as the parkway
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Article IV, Chapter 17.56 Rancho Cucamonga Development Code
shall be responsible to plant, install and maintain landscaping in the parkway for the
entire frontage of the property in accordance with this section.
B. Maintenance. The property owner is responsible for providing sufficient moisture to
the parkway to maintain any landscaping and trees in a healthy condition.
C. Landscaping Materials. The following landscape or decorative hardscape materials
are allowed with developed parkways :
1. Low growing planting, excluding cactus, roses and any other plants that
contain sharp, pointed or thorn type plant structures . Low water use plants are
required for new development.
2. Turf and turf alternatives (i.e groundcovers and grasses). Low water use turf
and turf alternatives are required for new development.
3 . Wood mulches, bark or chips installed in accordance with City Standards .
4 . Synthetic turf, provided it is installed outside of the tree root protection zone, in
accordance with City Standards.
D . Prohibited Landscaping Materials. The following materials are prohibited within
developed parkways :
1. Concrete , cobble, pavers, gravel, stones or rocks.
2. Bare dirt, for dust control purposes.
3 . Anything impermeable, permanent or firm fixed in place .
17.56-10
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Rancho Cucamonga Development Code Article V, Chapter 17.104
Standards for height, off-street parking, setbacks, and other structure and property development
standard that apply to the category of use or the zoning district of the subject parcel shall apply
to all temporary activities.
Section 17.104.040 Standards for Specific Temporary Uses
The following standards shall apply to the specific temporary uses described below.
A. Temporary Office Modules.
1. A master plan for development of permanent buildings shall be submitted in
conjunction with such request.
2. The design of the office modules shall have a look of permanence, as much as
practicable. This shall include such actions as screening temporary
foundations, screening utility equipment, and using overhangs, walkways, and
stepped roofs to mitigate the temporary appearance.
3. The approval of temporary office modules shall require necessary street
improvements, grading, drainage facilities, and landscaping.
B. Parking Lot and Sidewalk Sales. Parking lot and sidewalk sales may be permitted
on private property in the commercial/retail areas of the city, including retail/wholesale
businesses located in industrial areas, in connection with current on-site businesses,
subject to the approval of a Temporary Use Permit as provided in Section 17.16.070
(Temporary Use Permits) and the following c:::riteria:
1. Each sale is limited to a minimum of three (3) consecutive days, with a
maximum of nineteen (19) days per calendar year, unless authorized by a
Conditional Use Permit.
2 . No sale for any single business or any other businesses located on the same
lot or parcel, or within a shopping center, shall be permitted within thirty (30)
days of another sale .
3. The applicant for such sale must obtain the written authorization of the property
owner.
4. The activity shall not present a hazard to pedestrians or encroach on a required
building exit or emergency vehicle/fire access lanes.
5 . Safe vehicle ingress and egress shall be provided at all times.
6. Adequate parking shall be provided and maintained during the course of the
activity for both the business of the applicant and all other businesses on the
same lot or parcel or within the same shopping center.
C. Mobile Hot Food Truck Events. Mobile hot food truck events may be permitted on
private property in the commercial/retail areas of the city, including retail/wholesale
businesses located in industrial areas, subject to the approval of a Temporary Use
17.104-3
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Article V, Chapter 17.104 Rancho Cucamonga Development Code
adjacent properties . The lighting design employed should be of a low-level type
of system (e.g ., Malibu-style lighting). A detailed lighting plan shall be
submitted for the review and approval of the Planning Director prior to the
commencement of activities or display of model homes .
7. The approval of this permit shall be for a one (1) year period, at which time the
model home/sales office use shall be terminated and the structure(s) restored
back to its (their) original condition. Time extensions may be granted by the
Planning Commission up to a maximum of one (1) year , or until ninety percent
(90%) of the development is sold, whichever is less. Requests for time
extensions must be received by the Planning Department at least thirty (30)
days prior to the date of expirat ion . Any requests for extension of this
Conditional Use Permit beyond the two (2) years would require the application
of a new Conditional Use Permit. Irrespective of the above, any model home
sales office in existence as a combination of as first an on-site use, than as an
off-site use, shall be in existence an aggregate total time not to exceed three
(3) years .
8 . All model home lots shall be fully landscaped including , but not limited to , a
permanent, underground irrigation system, specimen size trees, and the use
of shrubbery, ground cover, and lawn in combination to produce a pleasing and
aesthetic environment compatible with the surrounding established
neighborhood.
9. The individual elements of the model homes sales office (e.g ., lighting, signing,
fencing, hours of operation) should be designed in a collective, coordinated
manner to ensure a safe, secure , and aesthetic env ironment, sensitive to and
compatible with the surrounding development.
10. The maximum time period for an off-site model home sales office is two (2)
years .
K. Recreational Vehicles or Mobile Homes on Active Construction Sites. These are
permitted as a temporary living quarters for security personnel or temporary residence
of the subject property owner, subject to the following restrictions :
17.104-8
1. The Planning Director may approve a temporary living quarter for the duration
of the construction project or for a specified period, but in no event for more
than two (2) years . If exceptional circumstances exist , a one (1) year extension
may be granted, provided that the building permit for the first permanent
dwelling or structure on the same site has also been extended.
2. Installation of a temporary living quarter may occur only after a valid building
permit has been issued .
3. Temporary living quarters permitted pursuant to this Section shall not exceed
a maximum gross square footage of six hundred fifty (650) square feet in size
(tongue not included).
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Rancho Cucamonga Development Code Article V, Chapter 17.104
4. The temporary trailer coach installation must meet all requirements and
regulations of the RwBfsWe-San Bernardino County Department of
Environmental Health Services and the City Building and Safety Department.
5 . Any permit issued pursuant to this Section in conjunction with a construction
project shall become invalid upon cancellation or completion of the Building
Permit for which this use has been approved , or the expiration of the time for
which the approval has been granted. At that time, trailers shall be removed
from the site .
17.104-9
P244
ADDENDUM
Addendum to the
Rancho Cucamonga 2010 General Plan Update
Environmental Impact Report
This Addendum to the City of Rancho Cucamonga General Plan Environmental Impact Report
(SCH#2000061027) (the "EIR") has been prepared in connection with the City's supplemental amendment
to the Development Code (the "Project"). The Addendum confirms that the environmental impacts
stemming from the Project were adequately addressed in the EIR and that a subsequent EIR or Negative
Declaration is not required for the Project.
Proposed Supplemental Development Code Amendments
The Project consists of supplemental amendments to the City's recently adopted comprehensive
Development Code, which was in turn adopted to implement the policies of the recently completed 2010
General Plan Update. Since adoption of the Development Code Update in July 2012, City staff has
identified several errors and omissions in the Development Code that were unintended. Staff has
identified residential landscaping requirements where the text requires further clarification to prevent
conflict with Executive Order B-29-15 from Governor Brown requiring a 25% reduction in urban water
consumption. The purpose of the Project is to correct these errors and omissions and clarify text where
necessary. It is therefore considered to be largely procedural in nature. The Project will not affect the
current methods of conducting environmental review for new development applications. Table A-1
summarizes the changes proposed in the project and the reason for including into the Development Code.
Table A-1: Summary of Proposed Changes to the Development Code
Article Chapter
II 17.16
II 17.22
111 17.30
Topic Change Proposed Reason
Site Revise the threshold for review Consistency with State
Development of commercial, industrial or regulations.
Review institutional landscape projects
from 5,000 sq. ft. to 2,500 sq. ft.
Specific Plan
Fuel Storage
and
Distribution
Revise responsibility for grading
plan submittal requirements from
Grading Committee to Planning
Director.
Prohibit use in Hillside
Residential (HR) district.
Page 1 of 5
Grading Committee no
longer exists. This allows
for the Planning Director to
determine that the
applicant has submitted an
appropriate grading plan.
Unintentionally omitted from
the old code .
Attachment B
P245
Article Chapter
IV 17.58
IV 17.74
v 17.104
Topic
Residential
Landscaping
Temporary
Signs
Temporary
Uses
Addendum to the
Roncho Cucamonga 2010 General Plan Update
Environmental Impact Report
----
Change Proposed Reason
Revise and clarify residential Consistency with State
landscaping standards. regulations and Governor's
executive order B-29-15 to
reduce urban water
consumption by 25%
Revise time limit for display of Technical error.
temporary signs from 9 to 90
days.
Revise the regulatory authority Technical error.
from Riverside County
environmental health to San
Bernardino County
environmental health.
The 2010 General Plan Update and Environmental Impact Report
On May 19, 2010, the City Council adopted the 2010 General Plan Update and certified the EIR. The
updated plan serves as the foundation for many of the City's regulatory documents, including the
Development Code, specific plans, community plans, master plans, and design guidelines. With the 2010
General Plan Update, the City's focus shifted to infill development (development of remaining vacant
properties within developed business districts and residential neighborhoods).
The EIR evaluated potential for the 2010 General Plan Update to result in environmental impacts, as
summarized in the following table:
No Mitigation
Agricultural Resources
Biological Resources
Geology and Soils
Population, Housing and
Employment
Public Services
Parks and Recreation
Transportation and Traffic
Utilities and Service Systems
Mitigation Measures
Cultural Resources
Hazards and Hazardous
Materials
Hydrology and Water Quality
Land Use and Planning
Noise
Page2of5
: Significant and Unavoidable
! Aesthetics
Agricultural Resources
Air Quality
Climate Change
Mineral Resources
P246
Addendum to the
Rancho Cucamonga 2010 General Plan Update
Environmental Impact Report
The City made findings regarding the environmental impacts of adopting the General Plan as well as
overriding considerations for significant and unavoidable impacts, both individually and cumulatively, for
the following issues: Aesthetics, Agricultural Resources, Air Quality, Climate Change, and Mineral
Resources.
The findings made by the City necessary to certify the EIR and adopt the General Plan also included a
mitigation monitoring and reporting program. For impacts to Land Use and Planning, the City determined
that changes or alterations have been incorporated into the General Plan that avoid or substantially lessen
the significant environmental effects identified in the EIR resulting in a less than significant impact. More
specifically the City's findings stated there would be no conflict between the General Plan and the
Development Code because updates to the Development Code, as well as adherence to standard
conditions related to consistency of future development with the proposed 2010 General Plan Update
and the City's Development Code, will reduce the potential impacts related to plan consistency to a less
than significant level.
CEQA Review Requirements
The California Environmental Quality Act ("CEQA") generally requires agencies to analyze the possible
environmental impacts of a project prior to approval. Depending on the nature and extent of the potential
impacts, the agency may be required to adopt a Negative Declaration or Environmental Impact Report
(EIR).
Under Section 15162 of the CEQA Guidelines, when an EIR has been certified or a Negative Declaration
adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency
determines, on the basis of substantial evidence in the light of the whole record, one or more of the
following:
(1) Substantial changes are proposed in the project which will require major revisions of the previous
EIR or Negative Declaration due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified significant effects;
(2) Substantial changes occur with respect to the circumstances under which the project is
undertaken which will require major revisions of the previous EIR or Negative Declaration due to
the involvement of new significant environmental effects or a substantial increase in the severity
of previously identified significant effects; or
(3) New information of substantial importance, which was not known and could not have been
known with the exercise of reasonable diligence at the time the previous EIR was certified as
complete or the Negative Declaration was adopted, shows any of the following:
a. The project will have one or more significant effects not discussed in the previous EIR or
Negative Declaration;
b. Significant effects previously examined will be substantially more severe than shown in
the previous EIR;
Page 3 of 5
P247
Addendum to the
Rancho Cucamonga 2010 General Plan Update
Environmental Impact Report
c. Mitigation measures or alternatives previously found not to be feasible would in fact be
feasible, and would substantially reduce one or more significant effects of the project, but
the project proponents decline to adopt the mitigation measure or alternative; or
d. Mitigation measures or alternatives which are considerably different from those analyzed
in the previous EIR would substantially reduce one or more significant effects on the
environment, but the project proponents decline to adopt the mitigation measure or
alternative.
If the none of these conditions calling for the preparation of a subsequent EIR or Negative Declaration are
met, but minor technical changes or additions are necessary to a previously adopted environmental
document are needed, Section 16164 of the CEQA Guidelines allow the lead agency to prepare an
addendum to the prior environmental document.
A brief explanation of the decision not to prepare a subsequent EIR pursuant should be included in the
addendum, the lead agency's findings on the project, or elsewhere in the record. The explanation must
be supported by substantial evidence.
The addendum need not be circulated for public review but can be included in or attached to the final EIR
or adopted Negative Declaration, and must be considered by the decision-making body prior to making a
decision on the project.
Analysis
This addendum to the EIR has been prepared for the Project because none of the conditions specified in
Section 15162 of the CEQA Guidelines requiring the preparation of a subsequent EIR or Negative
Declaration are met.
First, the Project does not propose substantial changes in the City's development regulations that were
not analyzed in the EIR or that will require major revisions of the EIR due to the involvement of new
significant environmental effects or a substantial increase in the severity of previously identified
significant effects.
The Project simply implements the goals and policies adopted in the City's General Plan and analyzed in
the General Plan EIR. The General Plan specifically mentions revising and updating the Development
Code, as shown in the following table.
The Development Code sha// be updated to reflect the density and
intensity ranges (especially along Foothill Boulevard) as specified in
the General Plan including updating the development standards to be
consistent with the General Plan provisions. (Table LU-2 of Chapter 2)
The Development Code shall be updated to develop guidelines or
standards that will guide infill development and make it compatible
with the surrounding neighborhood communities.
Page 4 of 5
LU-2.1, LU-2.2, LU-3.3, LU-
3.8, LU-4.2, LU-4.3, LU-4.5,
LU-5.1, LU-9.5, ED-2.1, E0-
2.4 E0-4.4
LU-2.4, LU-9.1, LU-9.2, LU-
9.4, ED-1.4, ED-4.1
P248
Addendum to the
Rancho Cucamonga 2010 General Plan Update
Environmental Impact Report
The proposed project does not change either the policies or the figures shown in both the EIR and the
General Plan. The project does not change any densities, intensities, land uses, or designations beyond
those analyzed in the EIR . As a result, there is no change in the project and no new significant
environmental effects, or increase in the severity of previously identified significant effects is anticipated
as a result of the proposed project.
Second, there have been no substantial changes with respect to the circumstances under which the
Project is undertaken that will require major revisions of the EIR due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously identified significant effects.
The EIR, which addressed the impacts of adopting the City's General Plan and revisions to the
Development Code, was adopted on May 10, 2010. The existing conditions reported in the EIR are very
similar to those currently in existence. Since adoption of the General Plan in 2010, the City has not
processed any amendments to the plan. As a result, there are no substantial changes to the environment
which would require a modification of the EIR due to the involvement of new significant environmental
effects or a substantial increase in the severity of previously identified significant effects.
Third, there is no new information of substantial importance that was not known and could not have been
known with the exercise of reasonable diligence at the time the EIR was certified that shows (a) the Project
will have any significant effects not discussed in the EIR; (b) the significant effects examined in the EIR will
be substantially more severe than previously shown; (c) mitigation measures or alternatives previously
found to be infeasible would now be feasible and would substantially reduce one or more significant
effects of the project; or (d) considerably different mitigation measures or alternatives than those
analyzed in the EIR would substantially reduce one or more significant effects on the environment are
now available.
As the Project is consistent with the General Plan there are no new effects that were not discussed in the
EIR. Similarly, the Project will not result in changes to the impacts identified in the EIR that could be
considered substantially more severe. The Project does not alter any of the review processes in place for
new projects, nor does it exempt new uses in the zoning ordinance from review. The Project addresses
areas of responsibility for development review and affirms the appropriate body to make
recommendations clarifies appeal procedures and establishes project review timelines. None of these
changes will result in physical changes to the environment inconsistent with the General Plan as analyzed
in the EIR. No additional mitigation measures are necessary.
Summary
In summary, the General Plan EIR sufficiently analyzed the potential impacts associated with the proposed
Development Code Update. The City has a thorough development review process that is fully
documented in the General Plan EIR, and that will remain in place following the proposed project.
Page 5 of 5
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THE CITY OF RANCHO CUCAMONGA
THE MINUTES OF
RANCHO
CucAMoNGA THE HISTORIC PRESERVATION COMMISSION
II
AND
THE PLANNING COMMISSION
JULY 22, 2015 -7:00 PM
Rancho Cucamonga Civic Center
COUNCIL CHAMBERS
10500 Civic Center Drive
Rancho Cucamonga, California
I. CALL To ORDER
Pledge of Allegiance 7:00 PM
Roll Call
Chairman Wimberly lL_ Vice Chairman Oaxaca lL_
Munoz_&_ Howdyshell .lL Fletcher .lL
II. PUBLIC COMMUNICATIONS
This is the time and place for the general public to address the Historic Preservation Commission or the
Planning Commission on any item listed or not listed on the agenda. State law prohibits the Historic
Preservation Commission or the Planning Commission from addressing any issue not previously included on
the Agenda. The Historic Preservation Commission or the Planning Commission may receive testimony and
set the matter for a subsequent meeting.
Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair,
depending upon the number of individuals desiring to speak. All communications are to be addressed
directly to the Historic Preservation Commission or Planning Commission, 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.
None
EXHIBIT B
II
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III. CONSENT CALENDAR/HISTORIC PRESERVATION
COMMISSION AND PLANNING COMMISSION
A. Consideration of Regular Meeting Minutes dated July 8, 2015
B. Consideration of Workshop Minutes dated July 8, 2015
II
Moved by Howdyshell, seconded by Oaxaca, carried 4-0-0-1 (Munoz absent) to adopt the
Consent Calendar.
IV. SCHEDULED MATTERS/PLANNING COMMISSION
C. SELECTION OF PLANNING COMMISSION OFFICERS
Moved by Fletcher, seconded by Howdyshell, carried 4-0-0-1 (Munoz absent) to reaffirm
Commissioner Wimberly as Chairman and Commissioner Oaxaca as Vice Chairman.
D. SELECTION OF TRAILS ADVIORY COMMITIEE MEMBERS (COMMISSION
REPRESENTATIVES)
Moved by Fletcher, seconded by Howdyshell, carried 4-0-0-1 (Munoz absent) to select
Commissioner Wimberly to serve on the Trails Advisory Committee for a 2-year term,
Commissioner Munoz for a 1-year term and Commissioner Fletcher as the First Alternate.
E. SELECTION OF DESIGN REVIEW COMMITIEE MEMBERS
Moved by Howdlyshell, seconded by Oaxaca, carried 4-0-1 (Munoz absent) to reaffirm
Commissioners Fletcher and Oaxaca to serve on the DDRC and Commissioner Wimberly
as the First Alternate.
V. PUBLIC HEARINGS/HISTORIC PRESERVATION
COMMISSION
II
The following items have been advertised and/or posted as public hearings as required by law. The
Chairman will open the public hearing to receive testimony. All such opinions shall be limited to 5
minutes per individual for each project. Please sign in after speaking.
None
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Page 3
F. CERTIFICATE OF APPROPRIATENESS DRC2013-00789 -ROUTE 66 I ECA -A request to
preserve the historic Cucamonga Service Station including review of the "Richfield" signage
and paint scheme for the front building (Phase 1 ), restoration of the front building and
related site improvements (Phase 2) and to reconstruct the rear 1,882 square foot service
garage (Phase 3) within the Foothill Boulevard Specialty Commercial (SC) District, located
at 9670 Foothill Boulevard; APN: 0208-153-05. Related Files: Variance DRC2013-00790.
(This review is for Phases 2 and 3 only). Planning Department staff has determined that the
project is exempt from the requirements of the California Environmental Quality Act (CEQA)
and the City's CEQA Guidelines as a Class 31 (CEQA Guidelines Section 15331) exemption
which covers historical resource restoration/rehabilitation.
G. VARIANCE DRC2013-00790 -ROUTE 66 IECA-A request to reduce the rear yard setback
by 20 feet, reduce the side yard setback by 4 feet and reduce the required parking in
conjunction with Certificate of Appropriateness DRC2013-00789, located at 9670 Foothill
Boulevard; APN: 0208-153-05. Planning Department staff has determined that the project is
exempt from the requirements of the California Environmental Quality Act (CEQA) and the
City's CEQA Guidelines as a Class 5 (CEQA Guidelines Section 15305) exemption which
covers minor alterations in land use limitations.
H. VARIANCE DRC2015-00667-ROUTE 66 IECA -A request for the reduction of three (3)
parking spaces below the minimum requirement in conjunction with Certificate of
Appropriateness DRC2013-00789, located at 9670 Foothill Boulevard; APN: 0208-153-05.
Planning Department staff has determined that the project is exempt from the requirements
of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines as a
Class 5 (CEQA Guidelines Section 15305) exemption which covers minor alterations in land
use limitations.
Mayuko Nakajima, Assistant Planner gave the staff report and a brief PowerPoint
presentation.
Anthony Gonzalez, President of the /EGA, thanked the City, staff and volunteers for the hard
work and effort. He said Staff has been exceptional with their assistance and support.
I
Chairman Wimberly opened the public hearing and hearing no comment, closed public
hearing.
Commissioner Howdyshell said she has attended many events, and saw the
accomplishments there and could not have happened without the work of many volunteers
and staff. She said it is history coming to life .
Commissioner Fletcher said he agrees with all staff recommendations. He said when it is
complete it will be a beacon; a great community project. He said the Variances are needed.
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Page4
Vice Chairman Oaxaca congratulated to Mr. Gonzalez and all the participants and said their
focus on this one effort is what has helped to bring it about. He said he looks forward to
seeing it completed.
Chairman Wimberly concurred and said he has watched the organizations grow, morph and
change with the result being an outstanding property to be unveiled. He said he looks
forward to seeing it completed.
Moved by Fletcher, seconded by Oaxaca, carried 4-0-0-1 (Munoz absent) to adopt the
Resolutions approving Certificate of Appropriateness DRC2013-00789 (Phases 2 and 3)
and for Variances DRC2013-00790 and DRC2015-00667.
VI. PUBLIC HEARINGS/PLANNING COMMISSION II
The following items have been advertised and/or posted as public hearings as required by law. The
Chairman will open the public hearing to receive testimony. All such opinions shall be limited to 5
minutes per individual for each project. Please sign in after speaking.
I. ENVIRONMENTAL ASSESMENT AND DESIGN REVIEW DRC2014-00931 -DON
CLOUGHESY FOR THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
(RCFPD) -A request for site plan and architectural review of a proposed Rancho
Cucamonga Fire Protection District (RCFPD) training center at the existing Jersey RCFPD
Station #174 located in Medium Impact Heavy Industrial (MIHI) Development District at
11297 Jersey Boulevard -APN: 0229-111-34 . Staff has prepared a Mitigated Negative
Declaration of the environmental impacts for consideration.
J. ENVIRONMENTAL ASSESMENT AND CONDITIONAL USE PERMIT DRC2014-00932 -
DON CLOUGHESY FOR THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
(RCFPD) -A request to operate a Fire Training Center at an existing Rancho Cucamonga
Fire Protection District (RCFPD) Station #174 located in the Medium Impact Heavy
Industrial (MIHI) Development District at 11297 Jersey Boulevard-APN: 0229-111-34. Staff
has prepared a Mitigated Negative Declaration of the environmental impacts for
consideration.
Tabe van der Zwaag, Associate Planner gave the staff report and PowerPoint presentation.
In response to Commissioner Howdyshell, he said conservation measures for the project
includes a solar canopy. He said they will preserve a 60,000 gallon tank on site to irrigate
and wash vehicles . They said in the future it will be used for fire-fighting training exercises.
He said the helipad removal can be explained by the RCFPD representative. He said the
target start date is late 2016 or early 2017. He said the project includes a design for a 911
memorial.
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Commissioner Fletcher asked how many permanent employees will be there daily and if the
smoke used for training is real.
Mr. van der Zwaag said they have 18 employees and the smoke is real.
Cheryl Roberts of RCFPD said they have done due diligence in addressing all the issues
and they are trying to be conscientious about the environment and the neighbors. She said
they will have a smoke filtration system and it will reduce toxins from entering the
atmosphere. She said water reclamation is very important as they need to train with high
pressure so they will be more prepared for the real thing. The facility will be built to do
many things and it is unique for San Bernardino County. She said they will partner with the
Police Department and community colleges. She said they are looking for donations for a
public education center. She said this facility is 25 years in the making. She said there is a
wide area remaining that could accommodate 2 helicopters.
Commissioner Fletcher noted the abundant parking. He asked about other outside people
coming to the facility.
Ms. Roberts said their classes will grow from 20-25 students to 30-50 in attendance.
Chairman Wimberly opened the public hearing and seeing and hearing no comment closed
the public hearing.
Commissioner Howdyshell said it is wonderful to have a state of the art facility.
Commissioner Fletcher said it is a great facility; it will be one of a kind in the region. He said
it is a great asset and is fully funded through the Capital budget; it has been planned for a
long time and paid for.
Vice Chairman Oaxaca said it is an example of Rancho Cucamonga's commitment to public
safety; we are a leader in this and this facility benefits our firefighters and others. He said
he is happy to see it become a reality.
Moved by Oaxaca, seconded by Fletcher, carried 4-0-0-1 (Munoz absent) to adopt the
Resolutions approving Design Review DRC2014-00931 and CUP DRC2014-00932.
K. ENVIRONMENTAL ASSESSMENT AND DESIGN REVIEW DRC2014-01139-FRITO-LAY
-A request to construct a 46,836 square foot warehouse addition to an existing 430,643
square foot office, warehouse, and manufacturing facility on 37.05 acres of land in the
General Industrial (GI) District, located at the northeast corner of Archibald Avenue and
Fourth Street; APN: 0210-071-28. Related Files: Conditional Use Permit DRC2014-01135,
and Tree Removal Permit DRC2014-01136. Staff has prepared a Mitigated Negative
Declaration of environmental impacts for consideration.
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Page6
L. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2014-01135-
FRITO-LA Y -A request to exceed the 75 foot maximum building height for the construction
of a 92-foot high, 46,836 square foot warehouse addition to an existing 430,643 square foot
office, warehouse, and manufacturing facility on 37.05 acres of land in the General
Industrial (GI) District, located at the northeast corner of Archibald Avenue and Fourth
Street; APN: 0210-071-28. Related Files: Design Review DRC2014-01139 and Tree
Removal Permit DRC2014-01136. Staff has prepared a Mitigated Negative Declaration of
environmental impacts for consideration.
Tom Grahn, Acting Senior Planner gave the staff report and PowerPoint presentation.
Vice Chairman Oaxaca asked about the permit obtained from the FAA that expires in
February of next year.
Mr. Grahn said they can start construction prior to that or seek a continuance. He said
special lighting is required and no cranes or equipment may exceed 100 feet in height.
Bob Biasci, representative for Frito Lay-said they produce 140 million pounds of snack
foods per year. He said they are celebrating their 45th anniversary. He thanked staff for the
partnership and the Commission's consideration. He said their new computerized process
will have customized shipments to their customers in 2-3 days instead of 4-5. He said only
a few employees will be added; mostly mechanics to support the technology.
Chairman Wimberly opened the public hearing.
Javier Alpio said he resides on the west side of Archibald. He said he hears noise and it is
bothersome-he hears forklifts, backup beepers and silo noise late at night.
Candyce Burnett, Planning Director said the environmental documents consider noise both
short term and long term.
Mr. Grahn said they looked at noise impacts during construct and operations. He said there
will be short term construction impacts and the operational noise should be mitigated by the
hours of operation. He said the silos are on the north side of the site.
Commissioner Fletcher noted the City does have sound requirements. He advised staff to
have someone go out and check it and if they exceed it, then the applicant must remedy the
problem. He said this is the first time he has heard a complaint about noise. He said the
facility has innovative and good design.
Moved by Fletcher, seconded by Howdyshell, carried 4-0-0-1 (Munoz absent) to adopt the
Resolutions approving Design Review DRC2014-01139 and CUP DRC2014-01135.
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M. ENTERTAINMENT PERMIT DRC2014-01040 -TILTED KILT -A request to provide
entertainment at an existing pub and eatery located on the north side of Foothill Boulevard
in the Community Commercial (CC) Development District at 12770 Foothill Boulevard; APN
1090-601-11. Planning Department staff has determined that the project is exempt from the
requirements of the California Environmental Quality Act (CEQA) and the City's CEQA
Guidelines as a Class 1 (CEQA Guidelines Section 15301) exemption which covers existing
facilities.
Jennifer Nakamura, Associate Planner presented the staff report and PowerPoint
presentation. In response to Commissioner Fletcher she said Entertainment Permits
without dancing are generally compliant and have far fewer problems . She said it has been
difficult to get tenants into this particular development that was originally intended for an
international theme restaurant area and the Tilted Kilt is their marquee business. She
added that all servers and bartenders had the ABC's LEAD training and they are committed
to security; they will have ID scanners during entertainment.
Kelly O Callahan said he is the General Manager for the Tilted Kilt. He said they are
committed to the community and may use their venue for community outreach specifically
local causes. He said he has spoken with the PO sergeant and they have good
communication . He said he has 25 years experience in the food service industry and he
likes to effect immediate change when needed.
Moved by Fletcher, seconded by Oaxaca, carried 4-0-0-1 (Munoz absent) to adopt the
Resolution approving Entertainment Permit ORC2014-01040.
N. DEVELOPMENT CODE AMENDMENT DRC2015-00610 AND ADDENDUM TO THE
GENERAL PLAN FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT (FPEIR) (SCH
#200061027) -CITY OF RANCHO CUCAMONGA -A supplement to Development Code
Update DRC2010-00571 amending Title 17 (Development Code) of the Rancho
Cucamonga Municipal Code to modify landscaping standards and to clarify definitions,
administrative procedures and correct prior errors and omissions as well as a proposed
addendum to the General Plan Final Program Environmental Impact Report (FPEIR). This
item will be forwarded to the City Council for final action.
Jennifer Nakamura, Associate Planner gave the staff report and brief PowerPoint
presentation. In response to Commissioner Howdyshell, she reported that she is working on
a brochure to give to the public. She said staff has collected many pictures for this. She
said we hope to bring in experts and folks from CVWD to help educate the public. She said
these changes will become the "new normal". In response to Commissioner Fletcher, she
said the restrictions for parkway materials is to help avoid injury and ensure the life of trees.
She said gravel in parkways end up on the sidewalk and becomes a slipping hazard and a
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liability for the City. She said the Building Standards Commission allows for even less water
for new construction; that will go into effect in December.
She said a new temporary policy will all/ow lawns to go brown, but we still need to maintain
trees, and keep the lawn areas weeded. She said the City Council will be approving a
policy for the temporary suspension of our green lawn requirement. An error was noted on
page 6 which she agreed to correct.
Chairman Wimberly opened the public hearing and hearing no comment, closed the public
hearing.
Moved by Howdyshell, seconded by Fletcher, carried 4-0-0-1 (Munoz absent) to adopt the
Addendum to the General Plan Program EIR and the Resolution for Development Code
Amendment DRC2015-0061 O recommending final approval by the City Council.
VII. COMMISSION BUSINESS/HISTORIC PRESERVATION AND
PLANNING COMMISSION
0. INTER-AGENCY UPDATES
None
P. COMMISSION ANNOUNCEMENTS
Commissioner Howdyshell announced an event at the Historic gas station this Saturday
including a car show and dinner; tickets are $50 and available on-line.
She also noted that this evening is her last official meeting as a Commissioner as she is
retiring.
Commissioner Fletcher asked what efforts are being taken by the League or the City to get
the State to create effective water projects. He said collecting, retaining and moving water
is more the issue-infrastructure is needed, far more than a high speed train. He said the
State mandates are frustrating; the brown lawns and medians look bad and the water
companies will likely raise their rates rather than make other cost saving measures on their
end.
Ms. Nakamura said the League evaluates any legislation that is being proposed. She said
the governor is working toward a Delta tunnel plan but it has limited support. She said more
cities are becoming less dependent on external sources and Riverside is suing because of
the State mandates because they believe their water supply on site makes them
independent of the State run resources and by extension, the reduction mandates imposed
on all cities. She said in the month of June the statistics show a significant reduction.
P257
a
Cl{ANCHO
UCAMONOA
HISTORIC PRESERVATION COMMISSION
AND PLANNING COMMISSION MINUTES
JULY 22, 2015
II
Page 9
Specifically, the City of Rancho Cucamonga has cut water usage by 29%.
It was noted that Rich Macias has been selected as the new Commissioner and will be
sworn in on August 5th by the City Council and will take his seat on the Commission on
August 12th . Commissioner Howdyshell will be recognized for her service and contribution
as well at the August 5th Council meeting.
VIII. ADJOURNMENT
9:05 PM
II
I, Lois J. Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby
certify that a true, accurate copy of the foregoing agenda was posted on July 16, 2015, at least 72 hours prior to
the meeting per Government Code Section 54964. 2 at 10500 Civic Center Drive, Rancho Cucamonga .
•
If you need special assistance or accommodations to participate in th is meeting,
please contact the Planning Department at (909) 477-2750. Notification of 48
hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility. Listening devices are available for the hearing impaired.
INFORMATION FOR THE PUBLIC
TO ADDRESS THE PLANNING COMMISSION
The Planning Commission encourages free expression of all points of view. To allow all persons to speak, given
the length of the agenda, please keep your remarks brief. If others have already expressed your position, you
may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the
views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain
from clapping, booing or shouts of approval or disagreement from the audience.
The public may address the Planning Commission on any agenda item . To address the Planning Commission ,
please come forward to the podium located at the center of the staff table. State your name for the record and
speak into the microphone. After speaking, please sign in on the clipboard located next to the speaker's podium.
It is important to list your name, address and the agenda item letter your comments refer to. Comments are
generally limited to 5 minutes per individual.
If you wish to speak concerning an item not on the agenda , you may do so under "Public Comments." There is
opportunity to speak under this section prior to the end of the agenda.
Any handouts for the Planning Commission should be given to the Planning Commission Secretary for
distribution to the Commissioners. A copy of any such materials should also be provided to the Secretary to be
used for the official public record .
All requests for items to be placed on a Planning Commission agenda must be in writing . Requests for
scheduling agenda items will be at the discretion of the Commission and the Planning Director.
P258
~ HISTORIC PRESERVATION COMMISSION fffl AND PLANNING COMMISSION MINUTES
RANCHO JULY 8, 2015
CUCAMONGA Page 10
AVAILABILITY OF STAFF REPORTS
Copies of the staff reports or other documentation to each agenda item are on file in the offices of the Planning
Department, City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. These
documents are available for public inspections during regular business hours, Monday through Thursday, 7:00
a.m . to 6:00 p.m., except for legal City holidays.
APPEALS
Any interested party who disagrees with the City Planning Commission decision may appeal the Commission 's
decision to the City Council within 10 calendar days. Any appeal filed must be directed to the City Clerk's Office
and must be accompanied by a fee of $2,533 for all decisions of the Commission . (Fees are established and
governed by the City Council).
Please turn off all cellular phones and pagers while the meeting is in session.
Copies of the Planning Commission agendas, staff reports and minutes can be found at
www.CityofRC.us.
P259
A. Recitals .
ORDINANCE NO 879
AN ORDINANCE OF THE CITY COUNCIL OF RANCHO
CUCAMONGA, CALIFORNIA. APPROVING DEVELOPMENT
CODE AMENDMENT DRC2015-00610, A SUPPLEMENTAL
UPDATE TO THE DEVELOPMENT CODE TO MODIFY
RESIDENTIAL LANDSCAPING STANDARDS AND CORRECT
PRIOR ERRORS AND OMISSIONS ; AND MAKING FINDINGS IN
SUPPORT THEREOF .
1. On July 22, 2015, the Planning Commission of the City of Rancho Cucamonga
conducted a duly noticed public hearing with respect to the above referenced Development Code
Amendment and, following the conclusion thereof, adopted its Resolution No 15-55,
recommending that the City Council of the City of Rancho Cucamonga adopt said amendment.
2. On September 2 , 2015 , the City Council of the City of Rancho Cucamonga conducted
a duly noticed public hearing on the amendment.
3. All legal prerequisites prior to the adoption of this Ordinance have occurred.
B . Ordinance.
The City Council of the City of Rancho Cucamonga does ordain as follows :
SECTION 1: This City Council hereby specifically finds that all of the facts set forth in the
Recitals , Part A, of this Ordinance are true and correct.
SECTION 2 : Based upon substantial evidence presented to the City Council during the
above-referenced public hearing on September 2, 2015, including written and oral staff reports,
together with public testimony, the City Council hereby specifically finds as follows:
a. The City desires to adopt a supplemental update to the Development Code in
order to (i) revise regulations for residential landscaping and (ii) correct technical errors and
b. The City has prepared a set of amendments (the "Amendments"), which is
included as Attachment 1.
SECTION 3: The City has prepared an Addendum (the "Addendum ") to the City of Rancho
Cucamonga General Plan Environmental Impact Report (SCH#2000061027) (the "Final EIR"),
attached hereto as Attachment 2 to this Ordinance , which confirms that the environmental impacts
stemming from the Development Code Update were adequately addressed in the Final EIR, and
that a subsequent EIR or negative declaration is not required for the Development Code Update.
The City Council finds that the Addendum complies with the California Environmental Quality Act
(CEQA), its implementing regulations at 14 California Code of Regulations§ 15000 et seq ., and
the City's local CEQA guidelines (collectively "CEQA")
SECTION 4 : The City Council hereby adopts the Amendments to the Development Code
attached to this Ordinance and incorporated herein by reference as Attachment 1.
SECTION 5: The Council hereby directs the City Clerk to make all necessary,
non-substantive conforming revisions to the Municipal Code necessary to codify this Ordinance,
EXHIBIT C
P260
CITY COUNCIL ORDINANCE NO. 879
DRC2015-00610 -DEVELOPMENT CODE AMENDMENT
September 2, 2015
Page 2
including, but not limited to, clerical corrections to section numbers, table and figure references,
and cross references.
SECTION 6: If any section, subsection, sentence, clause, phrase, or word of this Ordinance
is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall
not affect the validity of the remaining portions of this Ordinance. The City Council of the City of
Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section,
subsection, sentence, clause, phrase, or words thereof, regardless of the fact that any one or
more sections, subsections, clauses, phrases, or words might subsequently be declared invalid
or unconstitutional or preempted by subsequent legislation.
SECTION 7: The City Clerk shall certify to the adoption of this Ordinance and shall cause
a summary of this Ordinance to be published within 15 days after its passage at least once in the
Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario,
California, and circulated in the City of Rancho Cucamonga, California.
P261
Rancho Cucamonga Development Code Article II, Chapter 17.16
2. The proposed use will be consistent with the purposes of the applicable
zoning district.
3. The proposed use will be consistent with the General Plan, any applicable
Specific Plan, and the Development Code.
E. Determinations. Determinations shall be made in writing and shall contain the facts that
support the determination. The Department shall maintain all such determinations on
record for review by the general public upon request. The notice of decision shall be
provided, in writing, to the applicant and interested parties. The notice shall include:
1. A brief statement explaining the criteria and standards considered relevant to
the decision.
2. A statement of the standards and facts relied upon in rendering the decision.
3. An explanation of appeal rights and appeal deadlines .
Section 17.16.100 Site Development Review
A. Purpose. The purpose of Site Development Review is to provide for the administrative
review of projects which, because of their limited size and scope, have minor aesthetic,
land use, or traffic implications and do not create any significant impact on public utilities
or services and to ensure that such limited projects comply with all applicable City
standards and ordinances, and are not detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the immediate vicinity.
B. Applicability. All applications for Site Development Review are required for
residential, commercial, industrial, and institutional projects, which may or may not
involve the issuance of a Building Permit for construction or reconstruction of a
structure, which meets the following criteria:
1. Residential Projects. The following residential projects require Site
Development Review:
Attachment 1
i. Modification to approved architectural designs and building
configurations for multifamily development, which do not create
greater bulk, scale, or change in the line of sight;
ii. Residential additions equal to or greater than fifty percent (50%) of the
existing square footage.
iii. Architectural changes which change the basic form and theme;
iv. Exterior material or color changes which conflict with the original form
and theme and which are not consistent and compatible with the
original materials and colors;
v. New construction, expansion, reconfiguration or significant
reconstruction of driveways.
17.16-11
P262
Article II, Chapter 17.16 Rancho Cucamonga Development Code
vi. Installation of a satellite dish or antenna greater than twenty (20)
square feet in surface area .
2. Commercial, Industrial, and Institutional Projects. The following commercial ,
industrial, and institutional projects require Site Development Review:
i. Changes to gross floor area of existing buildings or approved design
plans which do not result in more than a 10 percent change;
ii. New construction, expansion, reconfiguration or significant
reconstruction of parking lots or driveways.
iii . Modification to approved architectural designs and building
configurations, which do not create greater bulk, scale, or change in
the line of sight.
iv. Modifications to approved plans, which do not change the general
location and layout of the site .
v. The establishment and/or construction of an outdoor storage area on
the same site as, and in conjunction with, an existing business that is
less than ten percent (10%) the gross floor area of the primary use .
vi. The construction and/or placement of silos, antennas not regulated by
Chapter 17 .106, water tanks, roof-or ground-mounted equipment
visible from public view , or similar structures and equipment.
vii. Grading alterations to approved plans that do not change the basic
concept, increase slopes or building elevations or change the course
of drainage .
viii. Modification to ex isting landscaping or landscape plans in excess of
five thousand (5 ,000 ) two thousand five hundred (2 ,500 ) square feet.
ix . Architectura l changes which do not change the basic form and theme.
x. Exterior materia l or color changes which do not conflict with the
original form and theme and which are consistent and compatible with
the origina l materia ls and colors.
xi. Modifications to ex isting site features (e .g ., trellis, pergola, water
features).
xii. Minor modifications to exterior elevations (e.g., awnings ,
new/relocating doors and windows).
C. Review Process. An application for a Site Development Review shall be filed with
the Planning Department in a manner prescribed by the Planning Director with the
required fee as established by City Council resolution.
17.16-12
P263
Rancho Cucamonga Development Code Article II, Chapter 17.22
2. The Master Plan may include a procedure for review of proposed
development, such as:
i. Performance and development standard requirements related to
setbacks, lot area, intensity of development on each lot, parking
requirements, landscaping, and signs.
ii. Design standards and guidelines as appropriate for the specific site
and development.
iii. Open space plan including protection measures for significant natural
features, parks, and other site amenities.
iv . A site specific wildfire protection plan.
v. Types of projects that require review.
vi. Documents required from developers.
vii. Regulations relating to nonconforming lots, uses, structures, and signs.
viii. Time phasing and sequence of development projects .
D. Findings. A Master Plan shall not be adopted unless the following findings are made:
1. The proposed Master Plan is consistent with the goals, policies, and
objectives of the General Plan.
2. The proposed Master Plan meets the requirements set forth in this Title.
Section 17.22.030 Specific Plan and Planned Community
A. Purpose. The purpose of a Specific Plan is to provide a vehicle for implementing the
City's General Plan on an area-specific basis. The Specific Plan serves as a
regulatory document, consistent with the General Plan. In the event there is an
inconsistency or conflict between an adopted Specific Plan and comparable
provisions of this Title, the Specific Plan shall prevail. This Section describes the
process for adopting and amending Specific Plans and approving subsequent
development under a Specific Plan.
The City has also created a Planned Community process for the planning of large
areas of the City. The process and requirements for Planned Communities is the
same as for Specific Plans. The establishment of Specific Plans is generally
preferred to the establishment of Planned Communities.
B. Requirements. All Specific Plans and Planned Communities shall meet the following
requirements:
1. Minimum Size.
17.22-3
P264
Article II, Chapter 17.22 Rancho Cucamonga Development Code
17.22-4
i. A Specific Plan District shall include a minimum area of three hundred
(300) contiguous acres, under single ownership or otherwise subject
to unified planning, construction, and development by a person,
corporation, or other entity; property owned by public utilities, local
districts or local governments will not be counted toward the three
hundred (300) acre minimum, but may be used as a connector of
single ownership.
ii. A Planned Community shall include a minimum area of two hundred
twenty (220) contiguous acres, under single ownership or otherwise
subject to unified planning, construction, and development by a
person, corporation, or other entity; property owned by public utilities,
local districts or local governments will not be counted toward the two
hundred twenty (220) acre minimum, but may be used as a connector
of single ownership.
2. Site Development Regulations and Performance Standards.
i. The Specific Plan District/Planned Community and all uses therein
shall be designed and developed in a manner compatible with and
complementary to existing and potential development in the general
vicinity of the district. Site planning on the perimeter shall provide for
the mutual protection of the district and surrounding property from
potential adverse influences.
ii. There shall be no minimum area, width, or depth requirement for
individual lots except as established by a development plan, a
Conditional Use Permit, or Development Review.
iii. There shall be no minimum yard requirement for individual lots except
as established by a development plan, a Conditional Use Permit, or
Development Review.
iv. There shall be no minimum usable open space requirement for
individual lots except as established by a development plan, a
Conditional Use Permit, or Development Review.
v. There shall be no maximum height or coverage requirement for
individual lots except as established by a development plan, Specific
Plan, Community Plan, Conditional Use Permit, or Development
Review.
vi. The maximum number of dwelling units within a Specific Plan
District/Planned Community shall not exceed the number of units
indicated by the General Plan for property within the district designated
for residential use by the General Plan, provided that the distribution of
units within the district and the maximum or minimum residential density
on any individual site or within designated portions of the district shall be
governed by the development plan, Conditional Use Permit, or
Development Review approval pursuant to the development plan.
P265
Rancho Cucamonga Development Code Article II, Chapter 17.22
vii. All public streets within or abutting the development shall be
dedicated and improved to City specifications for that particular
classification of street. Private streets within the development shall be
permanently reserved and maintained for their intended purpose by
means acceptable to and enforceable by the City. Consideration of
other forms of access, such as pedestrian ways, court, plazas,
driveways, horse trails, bike trails, or open parking lots offered for
dedication, may be made at the time of the development plan and text
consideration as a means of meeting requirements for open space or
park dedication requirements.
viii. All development within a Specific Plan District/Planned Community
shall relate harmoniously to the topography of the site; shall make
suitable provision for the preservation of water courses, drainage
areas, wooded areas, rough terrain, and similar natural features; and
shall otherwise be so designed, inasmuch as possible, to use and
retain natural features and amenities to the best advantage to the
extent that public health, safety, or welfare is not compromised.
ix. Mechanical and electrical equipment, including air conditioners,
antennas, pumps, heating or cooling or ventilating equipment, exterior
lighting, or similar equipment, shall be located and operated in a
manner so as not to unreasonably disturb the peace, quiet, and
comfort of neighboring residents. Excluding roof-mounted solar
collector panels and decorative exterior lighting, all such equipment
and devices shall be screened from view from any abutting street and
shall not be located in a front yard.
x. All areas for storage of maintenance equipment and all service areas
including refuse storage and collection facilities shall be enclosed by a
fence, wall, or landscape screen.
xi. All uses with a Specific Plan District/Planned Community shall provide
off street parking and loading facilities pursuant to Chapter 17.64
(Parking and Loading Standards).
xii. There shall be a proposed means for assuring continuing existence,
maintenance, and operation of the various common elements and
facilities.
xiii. Additional site development regulations and performance standards
applicable to individual uses or to designated portions of a Specific Plan
District/Planned Community may be established by the development
plan, Conditional Use Permit, location and development plan, or
Development Review approval pursuant to the development plan.
3. Development Plan. The development plan to be submitted with an application
for a Specific Plan District/Planned Community shall include the following:
17.22-5
P266
Article II, Chapter 17.22 Rancho Cucamonga Development Code
17.22-6
i. A boundary survey map of the property and a calculation of the gross
land area within the proposed district. A tentative subdivision map
may be substituted if the applicant proposes to subdivide the property.
ii. A topographic map and general grading concept plan with specific
sections for sensitive areas, as determined by the Grading Comm ittee
Planning Director, for the property and adjacent land within one
hundred feet (100') of the property, shown at contour intervals not to
exceed two feet (2') for natural slopes over one percent (1 %) or less .
For natural slopes over two percent (2%), the contour interval sha ll
not exceed five feet (5').
iii. Maps and supporting tabulations showing the current General Plan
land use designation, the current district classification, and the current
land use within the proposed district and on adjacent sites within three
hundred feet (300'). The location of structures and other significant
improvements shall be shown.
iv. A land use plan identifying areas within the proposed district and uses
to be developed therein, supported by proposed or projected acreage ,
population, housing units, employment, and such related planning and
development data as the Planning Director may require.
v. A development plan indicating the general phasing or anticipated
schedule indicating the total phasing of the Specific Plan
District/Planned Community and areas to be developed in phases and
the anticipated time schedule for beginning of construction and for
completion of each phase of development including a pro rata share
of amenities, parks, and open space. This is a generalized schedule
and may be adjusted according to market constraints as the
community develops.
vi. A circulation plan showing existing and proposed public and private
streets, pedestrian ways, trails, and related transportation access or
circulation features required to serve the proposed development. The
circulation plan shall be supported by schematic designs of principa l
traffic and circulation improvements and such traffic engineering data
as required by the Planning Director to demonstrate that existing and
proposed facilities, both within and outside the zone, shall be
adequate to serve land uses proposed by the development plan.
vii. A preliminary report and overall plan describing anticipated
requirements and proposed means of providing utility facilities and
public services, including but not limited to, storm drainage, sewage
disposal, water supply, wildfire protection, parks and recreation , and
school facilities.
vii i. An accompanying development plan text setting forth the basic land use
regulations, site development regulations, and performance standards
designed to govern each use area identified by the land use plan . The
text need not incorporate the same level of detail as found in
P267
Article Ill, Chapter 17.30 Rancho Cucamonga Development Code
TABLE 17.30.030-1 ALLOWED LAND USES AND PERMIT REQUIREMENTS BY
BASE ZONING DISTRICT
Land Use/Zoning 0 0 :c
_J :E :J: :::::, D.. 0 0 0 0:: 0 ::::
District > _J :E :J: :E 0 z (!) 0 0:: 0 ~ -::!!: :c _J ::!!: en (!)
Residential Uses
Adult Day Care p p p p p p p N N N N N N N N N N N Home
Caretaker HousinQ c c c c c c c p p p N N N N c c c c
Dwelling, Multi-
N N p p p p p N N N N N N N N N N N Family
Dwelling, Second p p p p p p N N N N N N N N N N N N Unit <1)
Dwelling, Single-p p p p N N N N N N N N N N N N N N Family
DwellinQ, Two-Family N N p p p p p N N N N N N N N N N N
Emergency Shelter N N N N N N N N N p N N N N N c N N
Family Day Care c c c c c c c N N N N N N N N N N N Home, Large<11 )
Family Day Care p p p p p p p N N N N N N N N N N N Home, Small
Guest House p p p N N N N N N N N N N N N N N N
Group Residential c c c c c c c c c c c N c N N N N N
Home Occupation (2 ) p p p p p p p N N N N N N N N N N N
Live-Work Facility N N N N N N p N N N N N N N N N N N
Manufactured Home
(3) p p p p N N N N N N N N N N N N N N
Mobile Home Park (3) c c c c c c N N N N N N N N N N N N
Residential Care
N N N Facility c c c c N N N N N N N N N N N
Residential Care
Home
p p p p p p N N N N N N N N N N N N
Single-Room
N N N p p p p N N N N N N N N N N N Occupancy Facility
Transitional Housing p p p p p p p N N N N N N N N N N N
Agriculture and Animal-Related Uses
Agricultural Uses N N N N N N N N N N N N N N N N N N
Animal Keeping, p p p p p p p N N N N N N N N N N N Domestic Pets (4 )
Animal Keeping, c c c c c c c N N N N N N N N N N N Exotic Animals (4)
17.30-4
en 0:: 0 0 :J: ~
N p N
p c p
N N N
p p N
p p N
N N N
N N N
N c N
N p N
N N N
N c N
p p N
N N N
N p N
N N N
N N N
N p N
N N N
N p N
p N p
N p N
N c N
0 :::::,
N
p
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
p
N
N
P268
Rancho Cucamonga Development Code Article Ill, Chapter 17.30
-Land Use/Zoning 0 :c
.J :c ::::, a.. 0 0 0 0 c::: 0 -u, c::: 0 :s 6 i -District > .J :s :s :c :s 0 z C) 0 u, c::: 0 a.. :c 0 :c u. 0 .J ::::,
Veterinarv Facilitv c N N N N N c N p p c c c N N p p p N N N N
Automobile and Vehicle Uses '
Auto Vehicle N Dismantling N N N N N N N N N N N N N N N N c N N N N
Auto and Vehicle N Sales and Rental N N N N N N c N c N N p N c c N N N N N N
Auto and Vehicle N Sales, Autobroker N N N N N N p p p p N p p p N N N N N N N
Auto and Vehicle
Sales, Wholesale N N N N N N N p p p p N p p p p N N N N N N
Auto and Vehicle N N N N Storage N N N N N N N N N N N c p p N N N N
Auto Parts Sales N N N N N N N N p p N N p N N N N N N N N N
Car Washing and N N N N N N N c c c c N c N N N N N N N N N Detailing
Recreational Vehicle N Storage N N N N N N N N N N N N N N c c c N N N N
Service Stations N N N N N N c c c p c N c c c c N N N N N N
Vehicle Services, N N N N N N N N N c N N N N N p p p N N N N Major
Vehicle Services, N N N N N N N c c p N N c N p p N N N N N N Minor
Industrial, Manufacturing, and Processing Uses
Fuel Storage and
N N N N N N N N N N N N N N N c c c N t:!. N N Distribution
Manufacturing, N N N N N N N N N N N N N N p p N N N N N N Custom
Manufacturing,
N N N N N N N N N N N N N N N N N p N N N N Heavy
Manufacturing,
Heavy-Minimum N N N N N N N N N N N N N N N N p p N N N N
Impact
Manufacturing, Light N N N N N N N N N N N N N N p p N N N N N N
Manufacturing,
N N N N N N N N N N N N N N p p p p N N N N Medium (9)
Microbrewery N N N N N N N N N N N N N N p p N N N N N N
Printing and
N N N N N N N N N p N N N N p p N N N N N N Publishing
Recycling Facility,
N N N N N N N N p p N N N N N p p p N N N N Collection
17.30-9
P269
Rancho Cucamonga Development Code Article IV, Chapter 17.74
D. Regional Centers and Automobile Centers. The maximum number of signs
permitted, maximum area, and maximum height of signs for regional shopping and
automobile centers shall be determined as part of the uniform sign program.
E. Movie Theatres. Movie theatres are permitted a maximum of three hundred (300)
square feet of building attached signage. One sign is permitted per street frontage.
Movie theatres are also permitted monument signage consistent with the standards
in Table 17.74.080-1 (Signage Standards for Permanent On-Site Signs).
F. Service Stations. Signs for service stations shall be consistent with the standards
provided in Table 17 .74 .080-2 (Signage Standards for Permanent On-Site Signs for
Service Stations).
TABLE 17.74.080-2 SIGNAGE STANDARDS FOR PERMANENT ON-SITE SIGNS
FOR SERVICE STATIONS
Development Standards
Sign Type(1l Maximum Area
Maximum Number Permitted (2) Maximum Height
1 sign per
Monument
street
frontage, max 36 sf 1 8 ft
2
1 sign per Max 4 signs Wall Sign, Primary street
Establishment frontage, max total between Roofline
2 all types
2 sf :1
If, max 50 sf
Wall Sign, Canopy
1 sign per
Roofline street frontage
Wall Sign, Sub-1 sign per sub-establishment,
12 sf
Roofline or 20 ft,
Establishment max2 whichever is less
Table Notes:
(1) Only one sign is permitted.
(2) Includes pricing information as required by Business and Professions Code §13530, et seq .
Section 17.74.090 Allowed Temporary On-Site Sign Standards
This Section describes standards for temporary on-site signs. All temporary signs require a
temporary sign permit prior to their establishment. Temporary signs may include, but are not
limited to, commercial signs for grand openings or for special product, sale, or event advertising .
All temporary signs must comply with the standards listed in Table 17.74.090-1 (Allowed
Temporary On-Site Sign Standards) and are subject to the following :
A. Time Duration.
1. Generally . Display periods for temporary on-site signs shall be limited to a
maximum of nine (9) ninety (90) days per calendar year, either consecutive or
17.74-19
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Article IV, Chapter 17.74 Rancho Cucamonga Development Code
intermittent. Longer time periods may be permitted with issuance of a
Conditional Use Permit.
2. Subdivision Signs.
a. All signs for subdivisions shall be removed within ten (10) days after
all lots in the subdivision are sold.
b. The subdivider shall provide the City with surety for the sign to ensure
compliance with these standards. Surety shall be in the form of a cash
deposit as established by resolution of the City Council.
B. Illumination. Temporary signs shall not be illuminated.
C. Message. Temporary signs displaying a commercial message shall be limited to on-
site signage only. Off-site signage displaying a commercial message shall not be
permitted.
TABLE 17.74.090-1 ALLOWED TEMPORARY ON-SITE SIGN STANDARDS
Development Standards
Sign Type Maximum Maximum Minimum
Number Maximum Area Setback from
Permitted
Height ROW!11
On-Site Subdivision Signs
1 sign per street 32 sf per side,
General Signs frontage of the max 2 sides (64 15 ft 5 ft boundary of the
project sf total)
Flags 6 flags 15 sf per flag 15 ft 5 ft
All Other Uses (2)
Wall 1 sign per
50 sf (3)
Roofline 5 ft
Ground Sign establishment 8 ft 5 ft
Flags 1 flag 30 sf per flag 15 ft 5 ft
Table Notes:
(1) Must be located outside of the clear visibility triangle.
(2) Choice of one sign type at a time.
(3) Temporary signs for special events in conjunction with an approved Temporary Use Permit are limited to a maximum of
25 square feet and require property owner approval.
Section 17.74.100 Allowed Off-Site Signage
A. General Prohibition. Generally, all new off-site commercial signage is prohibited
within the city. Existing off-site commercial signs (e.g., billboards) are considered
nonconforming signs as regulated by Section 17. 7 4.130 (Nonconforming Signs and
Abandoned Signs). However, consistent with state law, the City does permit off-site
subdivision directional signs as provided in this Section.
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Rancho Cucamonga Development Code Article V, Chapter 17.104
Standards for height, off-street parking, setbacks, and other structure and property development
standard that apply to the category of use or the zoning district of the subject parcel shall apply
to all temporary activities.
Section 17.104.040 Standards for Specific Temporary Uses
The following standards shall apply to the specific temporary uses described below.
A. Temporary Office Modules.
1. A master plan for development of permanent buildings shall be submitted in
conjunction with such request.
2. The design of the office modules shall have a look of permanence, as much
as practicable. This shall include such actions as screening temporary
foundations, screening utility equipment, and using overhangs, walkways,
and stepped roofs to mitigate the temporary appearance.
3. The approval of temporary office modules shall require necessary street
improvements, grading, drainage facilities, and landscaping.
B. Parking Lot and Sidewalk Sales. Parking lot and sidewalk sales may be permitted
on private property in the commercial/retail areas of the city, including
retail/wholesale businesses located in industrial areas, in connection with current on-
site businesses, subject to the approval of a Temporary Use Permit as provided in
Section 17.16.070 (Temporary Use Permits) and the following criteria:
1. Each sale is limited to a minimum of three (3) consecutive days, with a
maximum of nineteen (19) days per calendar year, unless authorized by a
Conditional Use Permit.
2. No sale for any single business or any other businesses located on the same
lot or parcel, or within a shopping center, shall be permitted within thirty (30)
days of another sale.
3. The applicant for such sale must obtain . the written authorization of the
property owner.
4. The activity shall not present a hazard to pedestrians or encroach on a
required building exit or emergency vehicle/fire access lanes.
5. Safe vehicle ingress and egress shall be provided at all times.
6. Adequate parking shall be provided and maintained during the course of the
activity for both the business of the applicant and all other businesses on the
same lot or parcel or within the same shopping center.
C. Mobile Hot Food Truck Events. Mobile hot food truck events may be permitted on
private property in the commercial/retail areas of the city, including retail/wholesale
businesses located in industrial areas, subject to the approval of a Temporary Use
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Rancho Cucamonga Development Code Article IV, Chapter 17.56
Chapter 17.56 Landscaping Standards
Sections:
Section 17.56.010 Purpose............................................................................................. 17.56-1
Section 17.56.020 Applicability ....................................................................................... 17.56-1
Section 17.56.030 Landscape and Irrigation Plans......................................................... 17.56-1
Section 17 .56.040 Landscape Plan Review Process ...................................................... 17.56-2
Section 17.56.050 General Landscape Development Standards .................................... 17.56-2
Section 17 .56.060 Special Landscape Requirements ..................................................... 17.56-4
Section 17 .56.070 Additional Requirements for Residential Areas . ... ......... .... ....... .... ...... 17.56-7
Section 17.56.080 Removal and Replacement of Required Landscaping ..................... 17.56-10
Section 17.56.010 Purpose
The purpose of this Chapter is to establish minimum landscape requirements to enhance the
appearance of developments, reduce heat and glare, control soil erosion, conserve water,
ensure ongoing maintenance of landscape areas, reduce wildfire hazards, and ensure that
landscape installations do not create hazards for motorists or pedestrians.
Section 17.56.020 Applicability
The requirements contained in this Chapter apply to all new and existing development and shall
be in addition to any other development standards and regulations contained elsewhere within
the Development Code (e.g., Water Efficient Landscaping).
Section 17.56.030 Landscape and Irrigation Plans
When this Chapter is applicable to new projects or existing development, as identified in Section
17.56.020 (Applicability), preliminary and final landscape plans shall be submitted in accordance
with the requirements of this Chapter and review of such plans shall be conducted as part of the
Design Review process.
A. Preliminary Landscape and Irrigation Plan. A preliminary landscape plan and
irrigation plan shall be submitted to the designated approving authority. This plan
must show a water budget that includes the estimate water use (in gallons), the
irrigated area (in square feet), precipitation rate, and flow rate in gallons per minute
as well as conceptual locations for trees, shrubs, ground cover, etc., and a
corresponding list of planting material by species, quantity, and size.
B. Final Landscape and Irrigation Plan. After a preliminary landscape and irrigation plan
has been approved by the designated approving authority, a final landscape and
irrigation plan shall be submitted to the Planning Director in conjunction with site
improvement plans. The final landscape planting and irrigation plans shall be prepared
by a registered licensed landscape architect and shall be in substantial compliance with
the preliminary landscape and irrigation plan approved by the designated approving
authority. Final plans shall show the exact location of and irrigation for trees, shrubs, and
ground cover. The final landscape plan shall include, at a minimum, plant name, plant
quantity, plant size, location of impervious surfaces, utilities and lighting, irrigation
system, and plans for tree retention and removal where applicable. The final
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Article IV, Chapter 17.56 Rancho Cucamonga Development Code
landscape plan should also include a water budget that includes the estimate water
use (in gallons), the irrigated area (in square feet), precipitation rate, and flow rate in
gallons per minute.
Section 17 .56.040 Landscape Plan Review Process
A. Landscaping Plans Subject to Review. When the requirements of this Chapter are
applicable as established in Section 17.56.020 (Applicability), the following landscape
plan review process shall be conducted in conjunction with design review for the
proposed action, pursuant to the requirements of Section 17.16.140 (Design Review).
1. Approving Authority. The designated approving authority shall be the same
as the designated approving authority of the entitlement for new projects or
existing development as identified in Section 17.56.020 (Applicability). For
projects in the wildland-urban interface fire area, the Fire Chief is an
additional approving authority.
2. Approval of Preliminary and Final Plans. The designated approving authority
shall review and approve the preliminary landscape and irrigation plan. Upon
approval of the preliminary landscape and irrigation plan, a final landscape
and irrigation plan shall be submitted to the approving authority prior to
issuance of Building Permits for new projects or applicable expansions to
existing development as established in Section 17.56.020 (Applicability).
3. Approval Required. The landscaping shall not be installed until the applicant
receives approval of the final landscape and irrigation plan by the approving
authority and any applicable permits have been issued.
4. Changes to Final Plans. Changes to the approved final landscape and
irrigation plans that affect the character or quantity of the plant material or
irrigation system design are required to be resubmitted for approval before
installation.
Section 17.56.050 General Landscape Development Standards
A. General Location for Landscape Improvements. Landscaping shall be provided in
the following locations for all types of development as listed below, unless the
designated approving authority determines that the required landscape is not
necessary to fulfill the purposes of this Chapter. Nothing in this Chapter is intended
to discourage landscape areas outside and beyond the minimum requirements listed
herein.
17.56-2
1. Setbacks. All setback areas required by this Code shall be landscaped in
compliance with this Chapter except where a required setback is occupied by
a sidewalk or driveway, or is enclosed and screened from abutting public
rights-of-way.
2. Undeveloped Areas. All areas of a project site not intended for a specific use
or purpose in conjunction with a current application, including pad sites being
held for future development, shall be landscaped in compliance with this
Chapter.
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Rancho Cucamonga Development Code Article IV, Chapter 17.56
3. Parking Areas. Within parking lots, landscaping shall be used for shade and
climate control, to enhance project design, and to screen the visual impact of
vehicles and large expanses of pavement consistent with the requirements of
this Chapter.
B. Plant Type. Landscape planting shall emphasize drought-tolerant and native species
(especially along natural, open space areas), shall complement the architectural
design of structures on the site, and shall be suitable for the soil and climatic
conditions specific to the site. In the wildland-urban interface fire area, planting shall
emphasize wildfire hazard reduction.
1. Planting Layout and Plant Diversity. Plant selection shall vary in type and
planting pattern. Informal planting patterns are preferred over uniform and
entirely symmetrical planting patterns. Use of deciduous flowering trees and
shrubs and colorful plantings is encouraged in conjunction with evergreen
species. Groupings of shrubs shall contain multiple plant types, interspersed
with varying heights and blooming seasons for year-round interest.
2. Street and Parking Lot Trees. Street and parking lot trees shall be selected
from the City's adopted master list of street trees and parking lot trees. A
minimum of thirty percent (30%) of the street trees and parking lot trees,
respectively, shall be an evergreen species.
3. Trees planted within ten feet (10') of a street, sidewalk, paved trail, or walkway
shall be a deep-rooted species or shall be separated from hardscapes by a root
barrier to prevent physical damage to public improvements.
4. In the wildland-urban interface fire area, plant types shall not include those
identified as fire prone or those types that are specifically prohibited by the
Fire District.
C. Planting Size, Spacing, and Planter Widths. In order to achieve an immediate
effect of a landscape installation and to allow sustained growth of planting materials,
minimum plant material sizes, plant spacing, and minimum planter widths (inside
measurements) are as follows:
1. Trees. The minimum planting size for trees shall be fifteen (15) gallon, with
twenty-five percent (25%) of all trees on a project site planted at a minimum
twenty-four inch (24") box size. For commercial, office, community/civic, and
industrial development, tree spacing within perimeter planters along streets
and abutting residential property shall be planted no farther apart on center
than the mature diameter of the proposed species. Minimum planter widths
for trees shall be between five feet (5') and ten feet (1 O'), consistent with the
City's adopted master list of street trees and parking lot trees.
2. Shrubs. Shrub planting shall be a minimum five (5) gallon size, with a fifteen
(15) gallon minimum size required where an immediate landscape screen is
conditioned by the designated approving authority (e.g., screening of
headlights from drive-through aisles). The minimum planter width for shrubs
is four feet (4').
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Article IV, Chapter 17.56 Rancho Cucamonga Development Code
3. Ground Cover. Plants used for mass planting may be grown in flats of up to sixty-
four (64) plants or in individual one (1) gallon containers . Rooted cuttings from
flats shall be planted no farther apart than twelve inches (12") on center, and
containerized woody, shrub ground cover plantings shall be planted no farther
apart than three feet (3') on center in order to achieve full coverage within one
year. Minimum planter width for ground cover is two feet (2'), with the exception
of sod, which requires a minimum planter width of six feet (6').
D. Synthetic Turf. Synthetic turf may be used as a substitute for natural turf for the
purposes of water conservation. The following standards shall apply to the use and
maintenance of synthetic turf.
1. Synthetic turf shall consist of lifelike individual blades of grass that emulate
real grass in look and color and have a minimum pile height of 1-1/2 inches.
2. A proper drainage system shall be installed underneath to prevent excess
runoff or pooling of water.
3. Synthetic turf shall be installed and maintained to effectively simulate the
appearance of a well maintained lawn .
4. The use of indoor or outdoor plastic or nylon carpeting as a replacement for
synthetic turf or natural turf shall be prohibited.
5. Synthetic turf shall be installed in combination with natural plant materials (e.g .
trees, shrubs and groundcover) to enhance the overall landscaping design.
E. Water Efficiency. If applicable, projects are required to comply with provisions within
Chapter 17 .82 (Water Efficient Landscaping) of this Article .
Section 17.56.060 Special Landscape Requirements
In addition to the general requirements of Section 17.56.050 (General Landscape Development
Standards), the requirements listed below apply to the special types of landscaping. However, in
the wildland-urban interface fire area, the Fire District requirements preclude the application of
these special types of landscaping.
A. Residential Landscape. See Section 17.56.070 (Additional Requirements for
Residential Areas).
B. Project Entry Landscaping. Entries to multi-tenant projects (both residential and
nonresidential) shall be designed as a special statement reflective of the character and
scale of the project to establish identity for tenants, visitors, and patrons. Flowering
access plantings and specimen trees shall be used to reinforce the entry statement.
C. Trees Adjacent to Building Walls. With the exception of single-family housing
developments , trees shall be planted in areas of public view adjacent to structures at
a rate of one tree per thirty (30) linear feet of building dimensions, particularly to
interrupt expansive horizontal and vertical surfaces . Tree clusters may be used to
satisfy specific design objectives.
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Rancho Cucamonga Development Code Article IV, Chapter 17.56
D. Screening of Drive-Through Aisles. To screen vehicles and associated headlights
in a drive-through lane from view of abutting street rights-of-way, a minimum five foot
(5') wide planter shall include a minimum three foot (3') tall (maximum four foot (4')
tall) landscape barrier planted with trees and other landscaping consistent with those
in the parking area. At no time shall this landscape barrier be pruned in a manner
that allows the vehicle headlights from the drive-through lane to be visible from
abutting street rights-of-way. Plantings shall also be designed to discourage potential
safety issues (e.g., persons lying in wait).
E. Screening of Outdoor Equipment. Screening is required according to Chapter
17.48 (Fences, Walls, and Screening).
F. Wireless Communication Facilities. Where feasible, facilities shall be installed so
as to maintain and enhance existing landscaping on the site, including trees, foliage,
and shrubs, whether or not utilized for screening. Additional landscaping may be
planted around the tower and related equipment to buffer abutting residential zoning
districts or uses and to buffer public trails. Specifically, landscaping around the
perimeter of the facility (leased area) shall include dense tree and shrub plantings
with the necessary irrigation. Trees shall be fast-growing evergreen species, with a
minimum size of twenty-four inch (24") box. Shrubs shall be a minimum fifteen (15)
gallon size covering a minimum planter area depth of five feet (5') around the facility.
Trees and shrubs shall be planted no farther apart on center than the mature
diameter of the proposed species.
G. On-Site Pedestrian Pathways. Pedestrian pathway landscaping shall include shade
trees placed so as to cover sixty percent (60%) of the total pathway area with tree
canopies within fifteen (15) years of securing building permit.
H. Creeks. To the extent that landscaping or planting is required or provided along
creeks, such landscaping shall be native plants.
I. Public Spaces. Pedestrian space landscaping shall include a combination of shade
trees and pedestrian shading devices (e.g., canopies, awnings, and umbrellas) placed so
as to cover sixty percent (60%) of the total space with a shade canopy within fifteen
(15) years of securing the building permit.
J. Signs. Landscaping shall be provided at the base of the supporting structure of
freestanding signs equal to twice the area of one face of the sign. For example, fifty
(50) square feet of sign area requires one hundred (100) square feet of landscaped
area.
K. Buffering Between Uses. A landscape buffer shall be provided between residential
and nonresidential uses and between single-family uses and multi-family uses
containing three (3) or more units. Buffer areas shall include a minimum ten-foot (1 O')
wide planter strip with shrubs and both deciduous and evergreen trees planted a
maximum of thirty feet (30') on center.
L. Interior Property Boundaries. When a landscaped area is provided, trees shall be
planted at a rate of one tree per thirty (30) linear feet of interior property line within a
planter area that is a minimum of six feet (6') wide. Tree clusters may be used to
satisfy specific design objectives.
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Article IV, Chapter 17.56 Rancho Cucamonga Development Code
M. Sound Walls/Masonry Walls. Where setback and open space areas are screened
from public view by walls or similar approved structures, landscaping shall be
provided such that fifty percent (50%) of the wall shall be covered by landscape
material within five (5) years.
N. Parking Lot Landscape. Parking lot landscape includes perimeter planters, abutting
parking lots and drive aisles, tree planting for parking lot shade, and a combination of
continuous planting strips, planting fingers, and parking islands throughout the
parking lot. Parking lot landscape requirements applicable to parking lots
commercial, industrial, mixed-use, and multi-family parking lots with five (5) or more
spaces are listed below:
17.56-6
1. Number of Trees Required. Trees shall be required at a rate of one (1) tree
for every three (3) parking stalls. At maturity, trees should reach a minimum
height and spread of forty feet (40') so as to form a shade canopy over
parking stalls. Smaller ornamental trees may not be used to satisfy this
requirement. The minimum width for planters containing a parking lot tree is
six feet (6'). Tree selections shall be approved by the Planning Director.
2. A minimum of ten percent (10%) of the total off-street parking area shall be
landscaped with trees, shrubs, and appropriate ground cover. The parking
area shall be computed by adding the areas used for access drive aisles,
stalls, maneuvering, and landscaping within that portion of the premises that
is devoted to vehicular parking and circulation.
3. Each unenclosed parking facility shall provide a perimeter landscaped strip at
least five feet (5') wide (inside dimension) where the facility adjoins a side or
rear property line. The perimeter landscaped strip may include any
landscaped yard or landscaped area otherwise required and shall be
continuous, except for required access to the site or parking facility.
4. Screening. All surface parking areas shall be screened from streets and
adjoining properties, and the open space areas between the property line and
public street right-of-way shall be landscaped with a combination of trees,
shrubs, and ground cover. Screening between residential and nonresidential
uses shall not be less than five feet (5') in height. Parking lot landscaping
shall be located so that pedestrians are not required to cross unpaved areas
to reach building entrances from parked cars (see Figure 17.56.060-1
[Parking Lot Landscaping]).
5. Existing Trees. Existing mature trees on the site in good health shall be
preserved whenever possible.
6. Planter Design. All parking lot planters shall be designed to meet the following
minimum requirements (see Figure 17.56.060-2 [Parking Lot Planter Design]):
a. Planters shall be separated from maneuvering and parking areas by a
six inch (6"), raised concrete curb or equivalent.
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Rancho Cucamonga Development Code Article IV, Chapter 17.56
b. Tree planting wells located at the front of parking stalls shall contain a
minimum of twenty-five (25) square feet and the smallest outside
dimension shall not be less than five feet (5').
c. Landscape planters along the sides of parking stalls shall contain a
minimum of ninety (90) square feet and the smallest outside
dimension shall not be less than six feet (6').
FIGURE 17.56.060-1 PARKING LOT LANDSCAPING
Low Profile Wall
FIGURE 17.56.060-2 PARKING LOT PLANTER DESIGN
,-------90 SQ FT. Minimum Planter------,. 6'
Along Side of Stall
~---25 SQ FT. Minimum Planter ___ ___,
Along Per Stall Front
Section 17.56.070 Residential Landscape Development Standards
A. Front Yard Defined. For the purposes of this Section, "front yard" shall mean the
area extending across the full width of the lot between the back of sidewalk and the
building or structure on said lot. For corner lots, the area extending the full depth of
the lot between the back of sidewalk and any perimeter fence, wall or structure, and
visible from the right-of-way shall also be included. Lots without parkway and
sidewalk improvements shall be measured from the back of curb (See Figure
17.56.070-1 [Front Yard Landscaping Area]).
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Article IV, Chapter 17.56 Rancho Cucamonga Development Code
FIGURE 17.56.060-1 FRONT YARD LANDSCAPING AREA
Front Yard Area Along Streets with Sidewalks and Parkways
,-----------,------------------, . .
!
I
--+---+--+-Fence
I
I
I
Sidewalk
Parkway
!
I L_ ____ _ _j__ ---_________ J
Front Yard Area Along Streets without Sidewalks and Parkways
,----------·-r------------
---+--Fence
Curb
B. Front Yard Landscaping Ratio. Table 17.56.070-1 (Front Yard Landscaping
Requirements) sets forth the standards for landscaping on residential single family
lots.
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Rancho Cucamonga Development Code Article IV, Chapter 17.56
TABLE 17.56.070-1 FRONT YARD LANDSCAPING RATIO
Feature/District VL L LM M
Hardscape (Max) 50% 50% 50% 50%
Landscape (Min) 25% 25% 25% 25%
Decorative Hardscape(Max) 25% 25% 25% 25%
C. Front Yard Landscaping. Front yard landscaping requirements applicable to single
family residential lots are listed below:
1. Turf areas should be minimized to active play areas where feasible. The use
of warm season turf, when desired is preferred.
2. Fountains shall be counted as landscape for the purposes of calculating the
front yard landscaping ratio and must use a recirculating water system.
3. Synthetic turf shall be counted as landscape for the purposes of calculating
the front yard landscaping ratio and shall comply with the requirements of
Section 17.56.050 (General Landscape Development Standards).
4. Landscape minimum shall be calculated based on the size of the plants at
maturity. Landscapes should be designed with appropriate plant spacing
based on the mature size of the plant.
5. Decorative hardscape. On smaller lots, decorative hardscape can, but is not
required to be limited to one material. To provide visual interest on larger lots
decorative hardscape shall use more than one uniform size, color or type of
material. Decorative hardscape materials can vary in either size, variety or
color or material. Table 17.56.070-2 sets forth the standards for landscaping
on residential single family lots, based on overall lot size.
TABLE 17.56.070-2 DECORATIVE HARDSCAPE
Lot Size Types Required
Less than 5,000 Sq. Ft. No variation required
5,001 — 10,000 Sq. Ft. Minimum of 2
10,001 Sq. Ft. or more Minimum of 3
6. Decorative hardscape shall not be fixed firm in place with concrete or other
materials that prevent water percolation or create excess runoff.
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Article IV, Chapter 17.56 Rancho Cucamonga Development Code
D. Trees Required. Table 17.56.070-3 (Trees Required in Residential Zones) sets forth
minimum standards for the number and size of trees, both on- and off-site, for new
development.
TABLE 17.56.070-3 TREES REQUIRED IN RESIDENTIAL ZONES
Feature/District LM M MH H
Number of trees/gross acre 40 45 50 50
Percentage of 48-inch box or larger trees 0 0 5% 10%
Percentage of 36-inch box trees 0 10% 5% 10%
Percentage of 24-inch box trees 10% 10% 20% 10%
Percentage of 15-gallon trees 90% 80% 70% 70%
d gums) or equivalent ma be
E. New windrow plantings of Eucalyptus maculata (spotte gu s) may
required to perpetuate a windbreak system at a ratio of fifty (50) linear feet per acre.
The location of required windrow plantings shall be generally guided by the
established 330-foot x 660-foot grid pattern. Required windrows may follow any
portion of this grid, provided the total length of windrows meets or exceeds the
minimum length. The use of the 330-foot x 660-foot planting grid is not meant to
discourage development of curvilinear local streets. The size, spacing, staking, and
irrigation of these trees shall be in accordance with the tree replacement policies set
forth in Section 17.56.080 (Removal and Replacement of Required Landscaping)
except within the Urban Wildlife interface area (no eucalyptus allowed).
F. New Development. All new development shall comply with the approved final
landscape plans and shall be completely installed prior to occupancy.
Section 17.56.080 Removal and Replacement of Required
Landscaping
A. Replacement Sizes. All plant material removed from a project in which the Planning
Department has approved the landscape plan shall be replaced with the following
replacement sizes: shrubs — five (5) gallon size; ground cover — flats. Size of
replacement trees shall be determined by the Planning Director based on the
conditions of the property. Trees removed or severely and improperly trimmed shall
be replaced with an appropriately sized tree as determined by the Planning Director.
B. Tree Removal Requirements. Requirements for tree removal shall be pursuant to
Chapter 17.80 (Tree Preservation).
Section 17.56.090 Parkway Landscaping
A. Responsibility. Pursuant to the requirements of this chapter, the owner of private
property adjoining the area between the curb and the sidewalk known as the
parkway shall be responsible to plant, install and maintain landscaping in the
parkway for the entire frontage of the property in accordance with this section.
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Rancho Cucamonga Development Code Article IV, Chapter 17.56 P283
B. Maintenance. The property owner is responsible for providing sufficient moisture to
the parkway to maintain any landscaping and trees in a healthy condition.
C. Landscaping Materials. The following landscape or decorative hardscape materials
are allowed with developed parkways:
1. Low growing planting, excluding cactus, roses and any other plants that
contain sharp, pointed or thorn type plant structures. Low water use plants
are required for new development.
2. Turf and turf alternatives (i.e groundcovers and grasses). Low water use turf
and turf alternatives are required for new development.
3. Wood mulches, bark or chips installed in accordance with City Standards.
4. Synthetic turf, provided it is installed outside of the tree root protection zone,
in accordance with City Standards.
D. Prohibited Landscaping Materials. The following materials are prohibited within
developed parkways:
1. Concrete, cobble, pavers, gravel, stones or rocks.
2. Bare dirt, for dust control purposes.
3. Anything impermeable, permanent or firm fixed in place.
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adjacent properties. The lighting design employed should be of a low-level
type of system (e.g., Malibu-style lighting). A detailed lighting plan shall be
submitted for the review and approval of the Planning Director prior to the
commencement of activities or display of model homes.
7. The approval of this permit shall be for a one (1) year period, at which time the
model home/sales office use shall be terminated and the structure(s) restored
back to its (their) original condition. Time extensions may be granted by the
Planning Commission up to a maximum of one (1) year, or until ninety percent
(90%) of the development is sold, whichever is less. Requests for time
extensions must be received by the Planning Department at least thirty (30) days
prior to the date of expiration. Any requests for extension of this Conditional Use
Permit beyond the two (2) years would require the application of a new
Conditional Use Permit. Irrespective of the above, any model home sales office
in existence as a combination of as first an on-site use, than as an off-site use,
shall be in existence an aggregate total time not to exceed three
(3) years.
8. All model home lots shall be fully landscaped including, but not limited to, a
permanent, underground irrigation system, specimen size trees, and the use
of shrubbery, ground cover, and lawn in combination to produce a pleasing
and aesthetic environment compatible with the surrounding established
neighborhood.
9. The individual elements of the model homes sales office (e.g., lighting,
signing, fencing, hours of operation) should be designed in a collective,
coordinated manner to ensure a safe, secure, and aesthetic environment,
sensitive to and compatible with the surrounding development.
10. The maximum time period for an off-site model home sales office is two (2)
years.
K. Recreational Vehicles or Mobile Homes on Active Construction Sites. These
are permitted as a temporary living quarters for security personnel or temporary
residence of the subject property owner, subject to the following restrictions:
1. The Planning Director may approve a temporary living quarter for the duration
of the construction project or for a specified period, but in no event for more
than two (2) years. If exceptional circumstances exist, a one (1) year
extension may be granted, provided that the building permit for the first
permanent dwelling or structure on the same site has also been extended.
2. Installation of a temporary living quarter may occur only after a valid building
permit has been issued.
3. Temporary living quarters permitted pursuant to this Section shall not exceed
a maximum gross square footage of six hundred fifty (650) square feet in size
(tongue not included).
17.104-8
•
P285
Rancho Cucamonga Development Code Article V, Chapter 17.104
4 The temporary trailer coach installation must meet all requirements and
regulations of the Rivers+de- San Bernardino County Department of
Environmental Health Services and the City Building and Safety Department.
5. Any permit issued pursuant to this Section in conjunction with a construction
project shall become invalid upon cancellation or completion of the Building
Permit for which this use has been approved, or the expiration of the time for
which the approval has been granted. At that time, trailers shall be removed
from the site.
17.104-9
Addendum to the P286
Rancho Cucamonga 2010 General Plan Update
Environmental Impact Report
ADDENDUM
This Addendum to the City of Rancho Cucamonga General Plan Environmental Impact Report
(SCH#2000061027)(the"EIR") has been prepared in connection with the City's supplemental amendment
to the Development Code (the "Project"). The Addendum confirms that the environmental impacts
stemming from the Project were adequately addressed in the EIR and that a subsequent EIR or Negative
Declaration is not required for the Project.
Proposed Supplemental Development Code Amendments
The Project consists of supplemental amendments to the City's recently adopted comprehensive
Development Code,which was in turn adopted to implement the policies of the recently completed 2010
General Plan Update. Since adoption of the Development Code Update in July 2012, City staff has
identified several errors and omissions in the Development Code that were unintended. Staff has
identified residential landscaping requirements where the text requires further clarification to prevent
conflict with Executive Order 8-2945 from Governor Brown requiring a 25% reduction in urban water
consumption. The purpose of the Project is to correct these errors and omissions and clarify text where
necessary. It is therefore considered to be largely procedural in nature. The Project will not affect the
current methods of conducting environmental review for new development applications. Table A-1
summarizes the changes proposed in the project and the reason for including into the Development Code.
Table A-1:Summary of Proposed Changes to the Development Code
Article Chapter Topic Change Proposed Reason
II 17.16 Site Revise the threshold for review Consistency with State
Development of commercial, industrial or regulations.
Review institutional landscape projects
from 5,000 sq.ft.to 2,500 sq.ft.
Il 17.22 Specific Plan Revise responsibility for grading Grading Committee no
plan submittal requirements from longer exists. This allows
Grading Committee to Planning for the Planning Director to
Director. determine that the
applicant has submitted an
appropriate grading plan.
III 17.30 Fuel Storage Prohibit use in Hillside Unintentionally omitted from
and Residential(HR) district. the old code.
Distribution
Page 1 of 5
Attachment 2
P287
Addendum to the
Rancho Cucamonga 2010 General Plan Update
Environmental Impact Report
Article Chapter Topic Change Proposed Reason
IV 17.58 Residential Revise and clarify residential Consistency with State
Landscaping landscaping standards. regulations and Governor's
executive order B-29-15 to
reduce urban water
consumption by 25%
IV 17.74 Temporary Revise time limit for display of Technical error,
Signs temporary signs from 9 to 90
days.
V 17.104 Temporary Revise the regulatory authority Technical error.
Uses from Riverside County
environmental health to San
Bernardino County
environmental health.
The 2010 General Plan Update and Environmental Impact Report
On May 19, 2010, the City Council adopted the 2010 General Plan Update and certified the EIR. The
updated plan serves as the foundation for many of the City's regulatory documents, including the
Development Code, specific plans,community plans, master plans,and design guidelines. With the 2010
General Plan Update, the City's focus shifted to infill development (development of remaining vacant
properties within developed business districts and residential neighborhoods).
The EIR evaluated potential for the 2010 General Plan Update to result in environmental impacts, as
summarized in the following table:
No Mitigation Mitigation Measures Significant and Unavoidable
Agricultural Resources Cultural Resources Aesthetics
Biological Resources Hazards and Hazardous Agricultural Resources
Geology and Soils Materials Air Quality
Population, Housing and Hydrology and Water Quality Climate Change
Employment Land Use and Planning Mineral Resources
Public Services Noise
Parks and Recreation
Transportation and Traffic
Utilities and Service Systems
Page 2 of 5
P288
Addendum to the
Rancho Cucamonga 2010 General Plan Update
Environmental Impact Report
The City made findings regarding the environmental impacts of adopting the General Plan as well as
overriding considerations for significant and unavoidable impacts, both individually and cumulatively,for
the following issues: Aesthetics, Agricultural Resources, Air Quality, Climate Change, and Mineral
Resources.
The findings made by the City necessary to certify the HR and adopt the General Plan also included a
mitigation monitoring and reporting program. For impacts to Land Use and Planning,the City determined
that changes or alterations have been incorporated into the General Plan that avoid or substantially lessen
the significant environmental effects identified in the EIR resulting in a less than significant impact. More
specifically the City's findings stated there would be no conflict between the General Plan and the
Development Code because updates to the Development Code, as well as adherence to standard
conditions related to consistency of future development with the proposed 2010 General Plan Update
and the City's Development Code, will reduce the potential impacts related to plan consistency to a less
than significant level.
CEQA Review Requirements
The California Environmental Quality Act ("CEQA") generally requires agencies to analyze the possible
environmental Impacts of a project prior to approval. Depending on the nature and extent of the potential
impacts, the agency may be required to adopt a Negative Declaration or Environmental Impact Report
(EIR).
Under Section 15162 of the CEQA Guidelines, when an EIR has been certified or a Negative Declaration
adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency
determines, on the basis of substantial evidence in the light of the whole record, one or more of the
following:
(1) Substantial changes are proposed in the project which will require major revisions of the previous
EIR or Negative Declaration due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified significant effects;
(2) Substantial changes occur with respect to the circumstances under which the project is
undertaken which will require major revisions of the previous EIR or Negative Declaration due to
the involvement of new significant environmental effects or a substantial increase in the severity
of previously identified significant effects; or
(3) New information of substantial importance, which was not known and could not have been
known with the exercise of reasonable diligence at the time the previous EIR was certified as
complete or the Negative Declaration was adopted, shows any of the following:
a. The project will have one or more significant effects not discussed in the previous EIR or
Negative Declaration;
b. Significant effects previously examined will be substantially more severe than shown in
the previous EIR;
Page 3 of 5
P289
Addendum to the
Rancho Cucamonga 2010 General Pion Update
Environmental Impact Report
c. Mitigation measures or alternatives previously found not to be feasible would in fact be
feasible,and would substantially reduce one or more significant effects of the project, but
the project proponents decline to adopt the mitigation measure or alternative;or
d. Mitigation measures or alternatives which are considerably different from those analyzed
in the previous EIR would substantially reduce one or more significant effects on the
environment, but the project proponents decline to adopt the mitigation measure or
alternative.
If the none of these conditions calling for the preparation of a subsequent EIR or Negative Declaration are
met, but minor technical changes or additions are necessary to a previously adopted environmental
document are needed, Section 16164 of the CEQA Guidelines allow the lead agency to prepare an
addendum to the prior environmental document.
A brief explanation of the decision not to prepare a subsequent EIR pursuant should be included in the
addendum, the lead agency's findings on the project, or elsewhere in the record. The explanation must
be supported by substantial evidence.
The addendum need not be circulated for public review but can be included in or attached to the final EIR
or adopted Negative Declaration, and must be considered by the decision-making body prior to making a
decision on the project.
Analysis
This addendum to the EIR has been prepared for the Project because none of the conditions specified in
Section 15162 of the CEQA Guidelines requiring the preparation of a subsequent EIR or Negative
Declaration are met.
First, the Project does not propose substantial changes in the City's development regulations that were
not analyzed in the EIR or that will require major revisions of the EIR due to the involvement of new
significant environmental effects or a substantial increase in the severity of previously identified
significant effects.
The Project simply implements the goals and policies adopted in the City's General Plan and analyzed in
the General Plan EIR. The General Plan specifically mentions revising and updating the Development
Code, as shown in the following table.
The Development Code shall be updated to reflect the density and LU-2.1, LU-2.2, LU-3.3, LU-
intensity ranges (especially along Foothill Boulevard) as specified in 3.8, LU-4.2, LU-4.3, LU-4.5,
the General Plan including updating the development standards to be LU-5.1, LU-9.5, ED-2.1, ED-
consistent with the General Plan provisions. (Table LU-2 of Chapter 2) 2.4 ED-4.4
The Development Code shall be updated to develop guidelines or CU-2.4, LU-9.1, LU-9.2, LU-
standards that will guide infill development and make it compatible 9.4,ED-1.4, ED-4.1
with the surrounding neighborhood communities.
Page 4 of 5
P290
Addendum to the
Rancho Cucamonga 2010 General Plan Update
Environmental impact Report
The proposed project does not change either the policies or the figures shown in both the EIR and the
General Plan. The project does not change any densities, intensities, land uses, or designations beyond
those analyzed in the EiR. As a result, there is no change in the project and no new significant
environmental effects,or increase in the severity of previously identified significant effects is anticipated
as a result of the proposed project.
Second, there have been no substantial changes with respect to the circumstances under which the
Project is undertaken that will require major revisions of the EIR due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously identified significant effects.
The EIR, which addressed the impacts of adopting the City's General Plan and revisions to the
Development Code, was adopted on May 10, 2010. The existing conditions reported in the EiR are very
similar to those currently in existence. Since adoption of the General Plan in 2010, the City has not
processed any amendments to the plan. As a result,there are no substantial changes to the environment
which would require a modification of the EIR due to the involvement of new significant environmental
effects or a substantial increase in the severity of previously identified significant effects.
Third,there is no new information of substantial importance that was not known and could not have been
known with the exercise of reasonable diligence at the time the EIR was certified that shows(a)the Project
will have any significant effects not discussed in the EIR; (b)the significant effects examined in the EIR will
be substantially more severe than previously shown; (c) mitigation measures or alternatives previously
found to be infeasible would now be feasible and would substantially reduce one or more significant
effects of the project; or (d) considerably different mitigation measures or alternatives than those
analyzed in the EIR would substantially reduce one or more significant effects on the environment are
now available.
As the Project is consistent with the General Plan there are no new effects that were not discussed in the
EIR. Similarly, the Project will not result in changes to the impacts identified in the EIR that could be
considered substantially more severe. The Project does not alter any of the review processes in place for
new projects, nor does it exempt new uses in the zoning ordinance from review. The Project addresses
areas of responsibility for development review and affirms the appropriate body to make
recommendations clarifies appeal procedures and establishes project review timelines. None of these
changes will result in physical changes to the environment inconsistent with the General Plan as analyzed
in the EIR. No additional mitigation measures are necessary.
Summary
In summary,the General Plan EIR sufficiently analyzed the potential impacts associated with the proposed
Development Code Update. The City has a thorough development review process that is fully
documented in the General Plan EIR, and that will remain in place following the proposed project.
Page 5 of 5
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IA Ila �- A O . •
` 4
September 2, 2015 I Regular City Council Meeting
T2. Council Announcements (Comments to be
limited to three minutes per Council Member.)
FILE: T2-Spagnolo-POG Back 2 School JAM 2015 ThankYou (Low).mp4
COPY OF THE VIDEO IS ARCHIVED IN
THE CITY CLERK VAULT, ROOM U32