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HomeMy WebLinkAbout2021/12/01 - Regular Meeting Agenda PacketMayor L. Dennis Michael Mayor Pro Tem Lynne B. Kennedy Members of the City Council: Ryan A. Hutchison Kristine D. Scott Sam Spagnolo CITY OF RANCHO CUCAMONGA REGULAR MEETING AGENDA December 1, 2021 10500 Civic Center Drive Rancho Cucamonga, CA 91730  FIRE PROTECTION DISTRICT BOARD – CITY COUNCIL HOUSING SUCCESSOR AGENCY­ SUCCESSOR AGENCY – PUBLIC FINANCE AUTHORITY CLOSED SESSION TRI­COMMUNITIES ROOM 4:30 P.M. REGULAR MEETINGS        COUNCIL CHAMBERS 7:00 P.M. The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive.  It Is the Intent to conclude the meeting by 10:00 p.m. unless extended by the concurrence of the City Council.  Agendas, minutes, and recordings of meetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 909­774­2023. Live Broadcast available on Channel 3 (RCTV ­3). CLOSED SESSION – 4:30 P.M.   TRI­COMMUNITIES ROOM  ROLL CALL: Mayor Michael                         Mayor Pro Tem Kennedy                         Council Members Hutchison, Scott, and Spagnolo  A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) C. CITY MANAGER ANNOUNCEMENTS D. CONDUCT OF CLOSED SESSION D1.CONFERENCE WITH LEGAL COUNSEL ​ ANTICIPATED LITIGATION: INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: 2 CASES – CITY D2.CONFERENCE WITH LEGAL COUNSEL ­ EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1); IN RE NATIONAL PRESCRIPTION OPIOID LITIGATION, MDL NO. 2804 (FEDERAL DISTRICT COURT N.D. OHIO). D3.PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54957 (TITLE: CITY MANAGER) E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California. REGULAR MEETING – 7:00 P.M. COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE ROLL CALL:Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott, and Spagnolo A. AMENDMENTS TO THE AGENDA B. ANNOUNCEMENT / PRESENTATIONS B1.Presentation of a Certificate of Sympathy in Memory of Heinz Lumpp, Former Planning Commissioner. B2.Presentation of a Certificate of Recognition to Alta Loma High School Student Bodie Chapman and Campus Security Officer Corey Richardson for Heroically Saving the Life of a Driver in a Car Crash. B3.Announcement and Request for Community Action Regarding State Redistricting and the Effort to Stop the Proposal to Split Rancho Cucamonga Into Multiple Congressional and State Districts. C. PUBLIC COMMUNICATIONS Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion. Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar. D. CONSENT CALENDAR D1.Consideration of Meeting Minutes for the Special Meeting of November 3, 2021. D2.Consideration to Approve City and Fire District Bi­Weekly Payroll in the Total Amount of $2,830,522.36 and City and Fire District Weekly Check Registers (No Checks Issued to Southern California Gas Company) in the Total Amount of $6,048,786.35 Dated November 08, 2021 Through November 18, 2021. (CITY/FIRE) D3.Consideration to Accept Public Improvements Located at the Northeast Corner of Base Line Road and Amethyst Avenue, Related to Case No. DRC2008­00909, as Complete, File the Notice of Completion, and Authorize Release of Bonds. (CITY) D4.Consideration of the Purchase of Irrigation Parts and Supplies on an as Needed Basis in an Amount Not to Exceed $175,000 during FY 2021/2022 and $175,000 during FY 2022/2023. (CITY) D5.Consideration to Adopt a Resolution Approving the Salary Schedules for Fiscal Year 2021­22 for Job Classifications Employed by the City. (RESOLUTION NO. 2021­130) (CITY)​ E. CONSENT CALENDAR ORDINANCE(S) ­ SECOND READING/ADOPTION  E1.Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. 989 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER 8.15 (MANDATORY ORGANIC WASTE DISPOSAL REDUCTION) TO TITLE 8 HEALTH AND SAFETY OF THE RANCHO CUCAMONGA MUNICIPAL CODE, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA E2.Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. 990 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT DRC2016­00730, A REQUEST TO CHANGE THE ZONING DESIGNATION FOR A 6.96 ACRE SITE WITHIN THE ETIWANDA SPECIFIC PLAN FROM ESTATE RESIDENTIAL (ER) TO VERY LOW (VL) RESIDENTIAL FOR A SITE LOCATED ON 12774 BANYAN AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF – APN: 0225­111­07 F. ADMINISTRATIVE HEARING ITEM(S) G. ADVERTISED PUBLIC HEARINGS ITEM(S) ­ CITY/FIRE DISTRICT      PUBLIC HEARING: To Consider Fee Adjustments for Various Departments. G1.Public Hearing to Consider Fee Adjustments for the Community Services, Engineering, and Planning Departments. (RESOLUTION NO. 2021­129) (CITY) G2.Public Hearing to Consider First Reading of Ordinance No. 991, to be Read by Title Only and Waive Further Reading, Adding Chapter 3.76 to the Rancho Cucamonga Municipal Code to Establish a Non­ Residential Affordable Housing Development Impact Fee, and Resolution 2021­131, Establishing Non­Residential Affordable Housing Development Impact Fees. (ORDINANCE NO. 991) (RESOLUTION NO. 2021­131) (CITY) H. CITY MANAGER'S STAFF REPORT(S) H1.Consideration to Approve Actions Related to the Acquisition of 8234 Almond Street. (FIRE) H2.Receive Presentation on Senate Bill 9 (Housing Development) and Provide Direction to Staff on Responding to Upcoming SB­9 Regulations. (CITY) H3.Update Regarding State Redistricting by the California Redistricting Commission and its Potential Impacts on Rancho Cucamonga’s Representation in Congress and in the California State Legislature. (CITY) I. COUNCIL BUSINESS I1.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I2.INTER​AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT Adjournment in Memory of Heinz Lumpp, Former Planning Commissioner. CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least twenty​four (24) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California; 12505 Cultural Center Drive, Rancho Cucamonga, CA, 91739; and on the City's website.  LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477­2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired.  CITY COUNCIL VISION STATEMENT “Our Vision is to build on our success as a world class community,to create an equitable,sustainable,and vibrant city,rich in opportunity for all to thrive.” Page 1 MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. ScottSam Spagnolo CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDADecember 1, 202110500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY­ SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TRI­COMMUNITIES ROOM 4:30 P.M.REGULAR MEETINGS        COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive.  It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council.  Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 909­774­2023. LiveBroadcast available on Channel 3 (RCTV ­3).CLOSED SESSION – 4:30 P.M.  TRI­COMMUNITIES ROOM ROLL CALL: Mayor Michael                        Mayor Pro Tem Kennedy                        Council Members Hutchison, Scott, and Spagnolo A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)C. CITY MANAGER ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LEGAL COUNSEL ​ ANTICIPATED LITIGATION: INITIATION OF LITIGATIONPURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: 2 CASES – CITY D2.CONFERENCE WITH LEGAL COUNSEL ­ EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1); IN RE NATIONAL PRESCRIPTION OPIOID LITIGATION, MDL NO. 2804 (FEDERAL DISTRICT COURT N.D. OHIO). D3.PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54957 (TITLE: CITY MANAGER) E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California. REGULAR MEETING – 7:00 P.M. COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE ROLL CALL:Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott, and Spagnolo A. AMENDMENTS TO THE AGENDA B. ANNOUNCEMENT / PRESENTATIONS B1.Presentation of a Certificate of Sympathy in Memory of Heinz Lumpp, Former Planning Commissioner. B2.Presentation of a Certificate of Recognition to Alta Loma High School Student Bodie Chapman and Campus Security Officer Corey Richardson for Heroically Saving the Life of a Driver in a Car Crash. B3.Announcement and Request for Community Action Regarding State Redistricting and the Effort to Stop the Proposal to Split Rancho Cucamonga Into Multiple Congressional and State Districts. C. PUBLIC COMMUNICATIONS Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion. Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar. D. CONSENT CALENDAR D1.Consideration of Meeting Minutes for the Special Meeting of November 3, 2021. D2.Consideration to Approve City and Fire District Bi­Weekly Payroll in the Total Amount of $2,830,522.36 and City and Fire District Weekly Check Registers (No Checks Issued to Southern California Gas Company) in the Total Amount of $6,048,786.35 Dated November 08, 2021 Through November 18, 2021. (CITY/FIRE) D3.Consideration to Accept Public Improvements Located at the Northeast Corner of Base Line Road and Amethyst Avenue, Related to Case No. DRC2008­00909, as Complete, File the Notice of Completion, and Authorize Release of Bonds. (CITY) D4.Consideration of the Purchase of Irrigation Parts and Supplies on an as Needed Basis in an Amount Not to Exceed $175,000 during FY 2021/2022 and $175,000 during FY 2022/2023. (CITY) D5.Consideration to Adopt a Resolution Approving the Salary Schedules for Fiscal Year 2021­22 for Job Classifications Employed by the City. (RESOLUTION NO. 2021­130) (CITY)​ E. CONSENT CALENDAR ORDINANCE(S) ­ SECOND READING/ADOPTION  E1.Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. 989 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER 8.15 (MANDATORY ORGANIC WASTE DISPOSAL REDUCTION) TO TITLE 8 HEALTH AND SAFETY OF THE RANCHO CUCAMONGA MUNICIPAL CODE, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA E2.Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. 990 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT DRC2016­00730, A REQUEST TO CHANGE THE ZONING DESIGNATION FOR A 6.96 ACRE SITE WITHIN THE ETIWANDA SPECIFIC PLAN FROM ESTATE RESIDENTIAL (ER) TO VERY LOW (VL) RESIDENTIAL FOR A SITE LOCATED ON 12774 BANYAN AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF – APN: 0225­111­07 F. ADMINISTRATIVE HEARING ITEM(S) G. ADVERTISED PUBLIC HEARINGS ITEM(S) ­ CITY/FIRE DISTRICT      PUBLIC HEARING: To Consider Fee Adjustments for Various Departments. G1.Public Hearing to Consider Fee Adjustments for the Community Services, Engineering, and Planning Departments. (RESOLUTION NO. 2021­129) (CITY) G2.Public Hearing to Consider First Reading of Ordinance No. 991, to be Read by Title Only and Waive Further Reading, Adding Chapter 3.76 to the Rancho Cucamonga Municipal Code to Establish a Non­ Residential Affordable Housing Development Impact Fee, and Resolution 2021­131, Establishing Non­Residential Affordable Housing Development Impact Fees. (ORDINANCE NO. 991) (RESOLUTION NO. 2021­131) (CITY) H. CITY MANAGER'S STAFF REPORT(S) H1.Consideration to Approve Actions Related to the Acquisition of 8234 Almond Street. (FIRE) H2.Receive Presentation on Senate Bill 9 (Housing Development) and Provide Direction to Staff on Responding to Upcoming SB­9 Regulations. (CITY) H3.Update Regarding State Redistricting by the California Redistricting Commission and its Potential Impacts on Rancho Cucamonga’s Representation in Congress and in the California State Legislature. (CITY) I. COUNCIL BUSINESS I1.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I2.INTER​AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT Adjournment in Memory of Heinz Lumpp, Former Planning Commissioner. CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least twenty​four (24) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California; 12505 Cultural Center Drive, Rancho Cucamonga, CA, 91739; and on the City's website.  LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477­2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired.  CITY COUNCIL VISION STATEMENT “Our Vision is to build on our success as a world class community,to create an equitable,sustainable,and vibrant city,rich in opportunity for all to thrive.” Page 2 MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. ScottSam Spagnolo CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDADecember 1, 202110500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY­ SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TRI­COMMUNITIES ROOM 4:30 P.M.REGULAR MEETINGS        COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive.  It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council.  Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 909­774­2023. LiveBroadcast available on Channel 3 (RCTV ­3).CLOSED SESSION – 4:30 P.M.  TRI­COMMUNITIES ROOM ROLL CALL: Mayor Michael                        Mayor Pro Tem Kennedy                        Council Members Hutchison, Scott, and Spagnolo A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)C. CITY MANAGER ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LEGAL COUNSEL ​ ANTICIPATED LITIGATION: INITIATION OF LITIGATIONPURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION54956.9: 2 CASES – CITYD2.CONFERENCE WITH LEGAL COUNSEL ­ EXISTING LITIGATION PURSUANT TO GOVERNMENTCODE SECTION 54956.9(d)(1); IN RE NATIONAL PRESCRIPTION OPIOID LITIGATION, MDL NO.2804 (FEDERAL DISTRICT COURT N.D. OHIO).D3.PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54957(TITLE: CITY MANAGER)E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California. REGULAR MEETING – 7:00 P.M. COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE ROLL CALL:Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott, and Spagnolo A. AMENDMENTS TO THE AGENDA B. ANNOUNCEMENT / PRESENTATIONS B1.Presentation of a Certificate of Sympathy in Memory of Heinz Lumpp, Former Planning Commissioner. B2.Presentation of a Certificate of Recognition to Alta Loma High School Student Bodie Chapman and Campus Security Officer Corey Richardson for Heroically Saving the Life of a Driver in a Car Crash. B3.Announcement and Request for Community Action Regarding State Redistricting and the Effort to Stop the Proposal to Split Rancho Cucamonga Into Multiple Congressional and State Districts. C. PUBLIC COMMUNICATIONS Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion. Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar. D. CONSENT CALENDAR D1.Consideration of Meeting Minutes for the Special Meeting of November 3, 2021. D2.Consideration to Approve City and Fire District Bi­Weekly Payroll in the Total Amount of $2,830,522.36 and City and Fire District Weekly Check Registers (No Checks Issued to Southern California Gas Company) in the Total Amount of $6,048,786.35 Dated November 08, 2021 Through November 18, 2021. (CITY/FIRE) D3.Consideration to Accept Public Improvements Located at the Northeast Corner of Base Line Road and Amethyst Avenue, Related to Case No. DRC2008­00909, as Complete, File the Notice of Completion, and Authorize Release of Bonds. (CITY) D4.Consideration of the Purchase of Irrigation Parts and Supplies on an as Needed Basis in an Amount Not to Exceed $175,000 during FY 2021/2022 and $175,000 during FY 2022/2023. (CITY) D5.Consideration to Adopt a Resolution Approving the Salary Schedules for Fiscal Year 2021­22 for Job Classifications Employed by the City. (RESOLUTION NO. 2021­130) (CITY)​ E. CONSENT CALENDAR ORDINANCE(S) ­ SECOND READING/ADOPTION  E1.Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. 989 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER 8.15 (MANDATORY ORGANIC WASTE DISPOSAL REDUCTION) TO TITLE 8 HEALTH AND SAFETY OF THE RANCHO CUCAMONGA MUNICIPAL CODE, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA E2.Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. 990 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT DRC2016­00730, A REQUEST TO CHANGE THE ZONING DESIGNATION FOR A 6.96 ACRE SITE WITHIN THE ETIWANDA SPECIFIC PLAN FROM ESTATE RESIDENTIAL (ER) TO VERY LOW (VL) RESIDENTIAL FOR A SITE LOCATED ON 12774 BANYAN AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF – APN: 0225­111­07 F. ADMINISTRATIVE HEARING ITEM(S) G. ADVERTISED PUBLIC HEARINGS ITEM(S) ­ CITY/FIRE DISTRICT      PUBLIC HEARING: To Consider Fee Adjustments for Various Departments. G1.Public Hearing to Consider Fee Adjustments for the Community Services, Engineering, and Planning Departments. (RESOLUTION NO. 2021­129) (CITY) G2.Public Hearing to Consider First Reading of Ordinance No. 991, to be Read by Title Only and Waive Further Reading, Adding Chapter 3.76 to the Rancho Cucamonga Municipal Code to Establish a Non­ Residential Affordable Housing Development Impact Fee, and Resolution 2021­131, Establishing Non­Residential Affordable Housing Development Impact Fees. (ORDINANCE NO. 991) (RESOLUTION NO. 2021­131) (CITY) H. CITY MANAGER'S STAFF REPORT(S) H1.Consideration to Approve Actions Related to the Acquisition of 8234 Almond Street. (FIRE) H2.Receive Presentation on Senate Bill 9 (Housing Development) and Provide Direction to Staff on Responding to Upcoming SB­9 Regulations. (CITY) H3.Update Regarding State Redistricting by the California Redistricting Commission and its Potential Impacts on Rancho Cucamonga’s Representation in Congress and in the California State Legislature. (CITY) I. COUNCIL BUSINESS I1.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I2.INTER​AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT Adjournment in Memory of Heinz Lumpp, Former Planning Commissioner. CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least twenty​four (24) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California; 12505 Cultural Center Drive, Rancho Cucamonga, CA, 91739; and on the City's website.  LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477­2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired.  CITY COUNCIL VISION STATEMENT “Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive.” Page 3 --- --- --- MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. ScottSam Spagnolo CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDADecember 1, 202110500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY­ SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TRI­COMMUNITIES ROOM 4:30 P.M.REGULAR MEETINGS        COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive.  It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council.  Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 909­774­2023. LiveBroadcast available on Channel 3 (RCTV ­3).CLOSED SESSION – 4:30 P.M.  TRI­COMMUNITIES ROOM ROLL CALL: Mayor Michael                        Mayor Pro Tem Kennedy                        Council Members Hutchison, Scott, and Spagnolo A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)C. CITY MANAGER ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LEGAL COUNSEL ​ ANTICIPATED LITIGATION: INITIATION OF LITIGATIONPURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION54956.9: 2 CASES – CITYD2.CONFERENCE WITH LEGAL COUNSEL ­ EXISTING LITIGATION PURSUANT TO GOVERNMENTCODE SECTION 54956.9(d)(1); IN RE NATIONAL PRESCRIPTION OPIOID LITIGATION, MDL NO.2804 (FEDERAL DISTRICT COURT N.D. OHIO).D3.PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54957(TITLE: CITY MANAGER)E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the CouncilChambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.REGULAR MEETING – 7:00 P.M.COUNCIL CHAMBERSPLEDGE OF ALLEGIANCEROLL CALL:Mayor MichaelMayor Pro Tem KennedyCouncil Members Hutchison, Scott, and SpagnoloA. AMENDMENTS TO THE AGENDAB. ANNOUNCEMENT / PRESENTATIONSB1.Presentation of a Certificate of Sympathy in Memory of Heinz Lumpp, Former PlanningCommissioner.B2.Presentation of a Certificate of Recognition to Alta Loma High School Student Bodie Chapman andCampus Security Officer Corey Richardson for Heroically Saving the Life of a Driver in a Car Crash.B3.Announcement and Request for Community Action Regarding State Redistricting and the Effort toStop the Proposal to Split Rancho Cucamonga Into Multiple Congressional and State Districts.C. PUBLIC COMMUNICATIONSMembers of the City Council also sit as the Fire Board, Housing Successor Agency, SuccessorAgency, and Public Finance Authority. This is the time and place for the general public to addressthe Fire Protection District, Housing Successor Agency, Successor Agency, Public FinancingAuthority Board, and City Council on any item listed or not listed on the agenda. State law prohibits theFire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board,and City Council from addressing any issue not previously included on the Agenda. The Fire ProtectionDistrict, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Councilmay receive testimony and set the matter for a subsequent meeting.Comments are to be limited to five minutes per individual or less, as deemed necessary by theMayor, depending upon the number of individuals desiring to speak. All communications are to beaddressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to themembers of the audience. This is a professional business meeting and courtesy and decorum are expected.Please refrain from any debate between audience and speaker, making loud noises, or engaging in anyactivity which might be disruptive to the decorum of the meeting.The public communications period will not exceed one hour prior to the commencement of thebusiness portion of the agenda. During this one hour period, all those who wish to speak on a topiccontained in the business portion of the agenda will be given priority, and no further speaker cards for thesebusiness items (with the exception of public hearing items) will be accepted once the business portion of theagenda commences. Any other public communications which have not concluded during this one hour periodmay resume after the regular business portion of the agenda has been completed. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion. Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar. D. CONSENT CALENDAR D1.Consideration of Meeting Minutes for the Special Meeting of November 3, 2021. D2.Consideration to Approve City and Fire District Bi­Weekly Payroll in the Total Amount of $2,830,522.36 and City and Fire District Weekly Check Registers (No Checks Issued to Southern California Gas Company) in the Total Amount of $6,048,786.35 Dated November 08, 2021 Through November 18, 2021. (CITY/FIRE) D3.Consideration to Accept Public Improvements Located at the Northeast Corner of Base Line Road and Amethyst Avenue, Related to Case No. DRC2008­00909, as Complete, File the Notice of Completion, and Authorize Release of Bonds. (CITY) D4.Consideration of the Purchase of Irrigation Parts and Supplies on an as Needed Basis in an Amount Not to Exceed $175,000 during FY 2021/2022 and $175,000 during FY 2022/2023. (CITY) D5.Consideration to Adopt a Resolution Approving the Salary Schedules for Fiscal Year 2021­22 for Job Classifications Employed by the City. (RESOLUTION NO. 2021­130) (CITY)​ E. CONSENT CALENDAR ORDINANCE(S) ­ SECOND READING/ADOPTION E1.Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. 989 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER 8.15 (MANDATORY ORGANIC WASTE DISPOSAL REDUCTION) TO TITLE 8 HEALTH AND SAFETY OF THE RANCHO CUCAMONGA MUNICIPAL CODE, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA E2.Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. 990 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT DRC2016­00730, A REQUEST TO CHANGE THE ZONING DESIGNATION FOR A 6.96 ACRE SITE WITHIN THE ETIWANDA SPECIFIC PLAN FROM ESTATE RESIDENTIAL (ER) TO VERY LOW (VL) RESIDENTIAL FOR A SITE LOCATED ON 12774 BANYAN AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF – APN: 0225­111­07 F. ADMINISTRATIVE HEARING ITEM(S) G. ADVERTISED PUBLIC HEARINGS ITEM(S) ­ CITY/FIRE DISTRICT PUBLIC HEARING: To Consider Fee Adjustments for Various Departments. G1.Public Hearing to Consider Fee Adjustments for the Community Services, Engineering, and Planning Departments. (RESOLUTION NO. 2021­129) (CITY) G2.Public Hearing to Consider First Reading of Ordinance No. 991, to be Read by Title Only and Waive Further Reading, Adding Chapter 3.76 to the Rancho Cucamonga Municipal Code to Establish a Non­ Residential Affordable Housing Development Impact Fee, and Resolution 2021­131, Establishing Non­Residential Affordable Housing Development Impact Fees. (ORDINANCE NO. 991) (RESOLUTION NO. 2021­131) (CITY) H. CITY MANAGER'S STAFF REPORT(S) H1.Consideration to Approve Actions Related to the Acquisition of 8234 Almond Street. (FIRE) H2.Receive Presentation on Senate Bill 9 (Housing Development) and Provide Direction to Staff on Responding to Upcoming SB­9 Regulations. (CITY) H3.Update Regarding State Redistricting by the California Redistricting Commission and its Potential Impacts on Rancho Cucamonga’s Representation in Congress and in the California State Legislature. (CITY) I. COUNCIL BUSINESS I1.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I2.INTER​AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT Adjournment in Memory of Heinz Lumpp, Former Planning Commissioner. CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least twenty​four (24) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California; 12505 Cultural Center Drive, Rancho Cucamonga, CA, 91739; and on the City's website.  LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477­2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired.  CITY COUNCIL VISION STATEMENT “Our Vision is to build on our success as a world class community,to create an equitable,sustainable,and vibrant city,rich in opportunity for all to thrive.” Page 4 7 8 15 18 20 34 61 MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. ScottSam Spagnolo CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDADecember 1, 202110500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY­ SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TRI­COMMUNITIES ROOM 4:30 P.M.REGULAR MEETINGS        COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive.  It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council.  Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 909­774­2023. LiveBroadcast available on Channel 3 (RCTV ­3).CLOSED SESSION – 4:30 P.M.  TRI­COMMUNITIES ROOM ROLL CALL: Mayor Michael                        Mayor Pro Tem Kennedy                        Council Members Hutchison, Scott, and Spagnolo A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)C. CITY MANAGER ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LEGAL COUNSEL ​ ANTICIPATED LITIGATION: INITIATION OF LITIGATIONPURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION54956.9: 2 CASES – CITYD2.CONFERENCE WITH LEGAL COUNSEL ­ EXISTING LITIGATION PURSUANT TO GOVERNMENTCODE SECTION 54956.9(d)(1); IN RE NATIONAL PRESCRIPTION OPIOID LITIGATION, MDL NO.2804 (FEDERAL DISTRICT COURT N.D. OHIO).D3.PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54957(TITLE: CITY MANAGER)E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the CouncilChambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.REGULAR MEETING – 7:00 P.M.COUNCIL CHAMBERSPLEDGE OF ALLEGIANCEROLL CALL:Mayor MichaelMayor Pro Tem KennedyCouncil Members Hutchison, Scott, and SpagnoloA. AMENDMENTS TO THE AGENDAB. ANNOUNCEMENT / PRESENTATIONSB1.Presentation of a Certificate of Sympathy in Memory of Heinz Lumpp, Former PlanningCommissioner.B2.Presentation of a Certificate of Recognition to Alta Loma High School Student Bodie Chapman andCampus Security Officer Corey Richardson for Heroically Saving the Life of a Driver in a Car Crash.B3.Announcement and Request for Community Action Regarding State Redistricting and the Effort toStop the Proposal to Split Rancho Cucamonga Into Multiple Congressional and State Districts.C. PUBLIC COMMUNICATIONSMembers of the City Council also sit as the Fire Board, Housing Successor Agency, SuccessorAgency, and Public Finance Authority. This is the time and place for the general public to addressthe Fire Protection District, Housing Successor Agency, Successor Agency, Public FinancingAuthority Board, and City Council on any item listed or not listed on the agenda. State law prohibits theFire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board,and City Council from addressing any issue not previously included on the Agenda. The Fire ProtectionDistrict, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Councilmay receive testimony and set the matter for a subsequent meeting.Comments are to be limited to five minutes per individual or less, as deemed necessary by theMayor, depending upon the number of individuals desiring to speak. All communications are to beaddressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to themembers of the audience. This is a professional business meeting and courtesy and decorum are expected.Please refrain from any debate between audience and speaker, making loud noises, or engaging in anyactivity which might be disruptive to the decorum of the meeting.The public communications period will not exceed one hour prior to the commencement of thebusiness portion of the agenda. During this one hour period, all those who wish to speak on a topiccontained in the business portion of the agenda will be given priority, and no further speaker cards for thesebusiness items (with the exception of public hearing items) will be accepted once the business portion of theagenda commences. Any other public communications which have not concluded during this one hour periodmay resume after the regular business portion of the agenda has been completed.CONSENT CALENDARS:The following Consent Calendar items are expected to be routine and noncontroversial. They will be actedupon without discussion unless an item is removed by Council Member for discussion.Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, andPublic Finance Authority and may act on the consent calendar for those bodies as part of a single motion withthe City Council consent calendar.D. CONSENT CALENDARD1.Consideration of Meeting Minutes for the Special Meeting of November 3, 2021.D2.Consideration to Approve City and Fire District Bi­Weekly Payroll in the Total Amount of$2,830,522.36 and City and Fire District Weekly Check Registers (No Checks Issued toSouthern California Gas Company) in the Total Amount of $6,048,786.35 Dated November 08,2021 Through November 18, 2021. (CITY/FIRE)D3.Consideration to Accept Public Improvements Located at the Northeast Corner of Base LineRoad and Amethyst Avenue, Related to Case No. DRC2008­00909, as Complete, File theNotice of Completion, and Authorize Release of Bonds. (CITY)D4.Consideration of the Purchase of Irrigation Parts and Supplies on an as Needed Basis in anAmount Not to Exceed $175,000 during FY 2021/2022 and $175,000 during FY 2022/2023.(CITY)D5.Consideration to Adopt a Resolution Approving the Salary Schedules for Fiscal Year 2021­22for Job Classifications Employed by the City. (RESOLUTION NO. 2021­130) (CITY)​E. CONSENT CALENDAR ORDINANCE(S) ­ SECOND READING/ADOPTION E1.Consideration of Second Reading and Adoption of the Following:ORDINANCE NO. 989AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER8.15 (MANDATORY ORGANIC WASTE DISPOSAL REDUCTION) TO TITLE 8 HEALTH ANDSAFETY OF THE RANCHO CUCAMONGA MUNICIPAL CODE, AND MAKING ADETERMINATION OF EXEMPTION UNDER CEQAE2.Consideration of Second Reading and Adoption of the Following:ORDINANCE NO. 990AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT DRC2016­00730, A REQUEST TOCHANGE THE ZONING DESIGNATION FOR A 6.96 ACRE SITE WITHIN THE ETIWANDASPECIFIC PLAN FROM ESTATE RESIDENTIAL (ER) TO VERY LOW (VL) RESIDENTIAL FOR ASITE LOCATED ON 12774 BANYAN AVENUE; AND MAKING FINDINGS IN SUPPORTTHEREOF – APN: 0225­111­07F. ADMINISTRATIVE HEARING ITEM(S) G. ADVERTISED PUBLIC HEARINGS ITEM(S) ­ CITY/FIRE DISTRICT PUBLIC HEARING: To Consider Fee Adjustments for Various Departments. G1.Public Hearing to Consider Fee Adjustments for the Community Services, Engineering, and Planning Departments. (RESOLUTION NO. 2021­129) (CITY) G2.Public Hearing to Consider First Reading of Ordinance No. 991, to be Read by Title Only and Waive Further Reading, Adding Chapter 3.76 to the Rancho Cucamonga Municipal Code to Establish a Non­ Residential Affordable Housing Development Impact Fee, and Resolution 2021­131, Establishing Non­Residential Affordable Housing Development Impact Fees. (ORDINANCE NO. 991) (RESOLUTION NO. 2021­131) (CITY) H. CITY MANAGER'S STAFF REPORT(S) H1.Consideration to Approve Actions Related to the Acquisition of 8234 Almond Street. (FIRE) H2.Receive Presentation on Senate Bill 9 (Housing Development) and Provide Direction to Staff on Responding to Upcoming SB­9 Regulations. (CITY) H3.Update Regarding State Redistricting by the California Redistricting Commission and its Potential Impacts on Rancho Cucamonga’s Representation in Congress and in the California State Legislature. (CITY) I. COUNCIL BUSINESS I1.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I2.INTER​AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT Adjournment in Memory of Heinz Lumpp, Former Planning Commissioner. CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least twenty​four (24) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California; 12505 Cultural Center Drive, Rancho Cucamonga, CA, 91739; and on the City's website.  LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477­2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired.  CITY COUNCIL VISION STATEMENT “Our Vision is to build on our success as a world class community,to create an equitable,sustainable,and vibrant city,rich in opportunity for all to thrive.” Page 5 144 160 161 167 173 --- --- --- MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. ScottSam Spagnolo CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDADecember 1, 202110500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY­ SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TRI­COMMUNITIES ROOM 4:30 P.M.REGULAR MEETINGS        COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive.  It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council.  Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 909­774­2023. LiveBroadcast available on Channel 3 (RCTV ­3).CLOSED SESSION – 4:30 P.M.  TRI­COMMUNITIES ROOM ROLL CALL: Mayor Michael                        Mayor Pro Tem Kennedy                        Council Members Hutchison, Scott, and Spagnolo A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)C. CITY MANAGER ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LEGAL COUNSEL ​ ANTICIPATED LITIGATION: INITIATION OF LITIGATIONPURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION54956.9: 2 CASES – CITYD2.CONFERENCE WITH LEGAL COUNSEL ­ EXISTING LITIGATION PURSUANT TO GOVERNMENTCODE SECTION 54956.9(d)(1); IN RE NATIONAL PRESCRIPTION OPIOID LITIGATION, MDL NO.2804 (FEDERAL DISTRICT COURT N.D. OHIO).D3.PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54957(TITLE: CITY MANAGER)E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the CouncilChambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.REGULAR MEETING – 7:00 P.M.COUNCIL CHAMBERSPLEDGE OF ALLEGIANCEROLL CALL:Mayor MichaelMayor Pro Tem KennedyCouncil Members Hutchison, Scott, and SpagnoloA. AMENDMENTS TO THE AGENDAB. ANNOUNCEMENT / PRESENTATIONSB1.Presentation of a Certificate of Sympathy in Memory of Heinz Lumpp, Former PlanningCommissioner.B2.Presentation of a Certificate of Recognition to Alta Loma High School Student Bodie Chapman andCampus Security Officer Corey Richardson for Heroically Saving the Life of a Driver in a Car Crash.B3.Announcement and Request for Community Action Regarding State Redistricting and the Effort toStop the Proposal to Split Rancho Cucamonga Into Multiple Congressional and State Districts.C. PUBLIC COMMUNICATIONSMembers of the City Council also sit as the Fire Board, Housing Successor Agency, SuccessorAgency, and Public Finance Authority. This is the time and place for the general public to addressthe Fire Protection District, Housing Successor Agency, Successor Agency, Public FinancingAuthority Board, and City Council on any item listed or not listed on the agenda. State law prohibits theFire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board,and City Council from addressing any issue not previously included on the Agenda. The Fire ProtectionDistrict, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Councilmay receive testimony and set the matter for a subsequent meeting.Comments are to be limited to five minutes per individual or less, as deemed necessary by theMayor, depending upon the number of individuals desiring to speak. All communications are to beaddressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to themembers of the audience. This is a professional business meeting and courtesy and decorum are expected.Please refrain from any debate between audience and speaker, making loud noises, or engaging in anyactivity which might be disruptive to the decorum of the meeting.The public communications period will not exceed one hour prior to the commencement of thebusiness portion of the agenda. During this one hour period, all those who wish to speak on a topiccontained in the business portion of the agenda will be given priority, and no further speaker cards for thesebusiness items (with the exception of public hearing items) will be accepted once the business portion of theagenda commences. Any other public communications which have not concluded during this one hour periodmay resume after the regular business portion of the agenda has been completed.CONSENT CALENDARS:The following Consent Calendar items are expected to be routine and noncontroversial. They will be actedupon without discussion unless an item is removed by Council Member for discussion.Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, andPublic Finance Authority and may act on the consent calendar for those bodies as part of a single motion withthe City Council consent calendar.D. CONSENT CALENDARD1.Consideration of Meeting Minutes for the Special Meeting of November 3, 2021.D2.Consideration to Approve City and Fire District Bi­Weekly Payroll in the Total Amount of$2,830,522.36 and City and Fire District Weekly Check Registers (No Checks Issued toSouthern California Gas Company) in the Total Amount of $6,048,786.35 Dated November 08,2021 Through November 18, 2021. (CITY/FIRE)D3.Consideration to Accept Public Improvements Located at the Northeast Corner of Base LineRoad and Amethyst Avenue, Related to Case No. DRC2008­00909, as Complete, File theNotice of Completion, and Authorize Release of Bonds. (CITY)D4.Consideration of the Purchase of Irrigation Parts and Supplies on an as Needed Basis in anAmount Not to Exceed $175,000 during FY 2021/2022 and $175,000 during FY 2022/2023.(CITY)D5.Consideration to Adopt a Resolution Approving the Salary Schedules for Fiscal Year 2021­22for Job Classifications Employed by the City. (RESOLUTION NO. 2021­130) (CITY)​E. CONSENT CALENDAR ORDINANCE(S) ­ SECOND READING/ADOPTION E1.Consideration of Second Reading and Adoption of the Following:ORDINANCE NO. 989AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER8.15 (MANDATORY ORGANIC WASTE DISPOSAL REDUCTION) TO TITLE 8 HEALTH ANDSAFETY OF THE RANCHO CUCAMONGA MUNICIPAL CODE, AND MAKING ADETERMINATION OF EXEMPTION UNDER CEQAE2.Consideration of Second Reading and Adoption of the Following:ORDINANCE NO. 990AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT DRC2016­00730, A REQUEST TOCHANGE THE ZONING DESIGNATION FOR A 6.96 ACRE SITE WITHIN THE ETIWANDASPECIFIC PLAN FROM ESTATE RESIDENTIAL (ER) TO VERY LOW (VL) RESIDENTIAL FOR ASITE LOCATED ON 12774 BANYAN AVENUE; AND MAKING FINDINGS IN SUPPORTTHEREOF – APN: 0225­111­07F. ADMINISTRATIVE HEARING ITEM(S)G. ADVERTISED PUBLIC HEARINGS ITEM(S) ­ CITY/FIRE DISTRICT     PUBLIC HEARING: To Consider Fee Adjustments for Various Departments.G1.Public Hearing to Consider Fee Adjustments for the Community Services, Engineering, and PlanningDepartments. (RESOLUTION NO. 2021­129) (CITY)G2.Public Hearing to Consider First Reading of Ordinance No. 991, to be Read by Title Only and WaiveFurther Reading, Adding Chapter 3.76 to the Rancho Cucamonga Municipal Code to Establish a Non­Residential Affordable Housing Development Impact Fee, and Resolution 2021­131, EstablishingNon­Residential Affordable Housing Development Impact Fees. (ORDINANCE NO. 991)(RESOLUTION NO. 2021­131) (CITY)H. CITY MANAGER'S STAFF REPORT(S)H1.Consideration to Approve Actions Related to the Acquisition of 8234 Almond Street. (FIRE)H2.Receive Presentation on Senate Bill 9 (Housing Development) and Provide Direction to Staff onResponding to Upcoming SB­9 Regulations. (CITY)H3.Update Regarding State Redistricting by the California Redistricting Commission and its PotentialImpacts on Rancho Cucamonga’s Representation in Congress and in the California StateLegislature. (CITY)I. COUNCIL BUSINESSI1.COUNCIL ANNOUNCEMENTS(Comments to be limited to three minutes per Council Member.)I2.INTER​AGENCY UPDATES(Update by the City Council to the community on the meetings that were attended.)J. CITY ATTORNEY ITEMSK. IDENTIFICATION OF ITEMS FOR NEXT MEETINGL. ADJOURNMENT Adjournment in Memory of Heinz Lumpp, Former Planning Commissioner. CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least twenty​four (24) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California; 12505 Cultural Center Drive, Rancho Cucamonga, CA, 91739; and on the City's website.  LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477­2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired.  CITY COUNCIL VISION STATEMENT “Our Vision is to build on our success as a world class community,to create an equitable,sustainable,and vibrant city,rich in opportunity for all to thrive.” Page 6 California State Redistricting and its Impacts on Rancho Cucamonga Background •California must redraw the boundaries of its Congressional, State Senate, and State Assembly districts every 10 years, to reflect the updated census population data. •The Commission has released draft Congressional, State Senate, and State Senate Maps which propose to split the Rancho Cucamonga Community apart. Why does it matter? There are no commonalities between our residents and those of Los Angeles County and the remote mountain and desert areas of San Bernardino County. The special needs of our uniquely diverse city need effective representation and only get diluted when lumped into Districts with competing priorities. The location of district lines decide which voters vote for which representative.Changing the lines will change the relevant voters and can change the identity and priorities of a district’s representative. Call to Action! •VISIT www.WeDrawTheLinesCA.org/contact and fill out the Community Input Form •EMAIL your feedback to: votersfirst@crc.ca.gov •CALL (877)853-5247 to provide your feedback during the public comment period. Be sure to enter Code: 884 6542 9407 and then *9 to get in the queue. Thank you! DRAFT November 3, 2021 City Council Special Meeting Minutes City of Rancho Cucamonga | Page 1 of 1 November 3, 2021 CITY OF RANCHO CUCAMONGA CITY COUNCIL/FIRE PROTECTION DISTRICT SPECIAL MEETING MINUTES The City of Rancho Cucamonga City Council held a Special Meeting on Monday, November 3, 2021, in the Tri- Communities Conference Room at City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 3:35 p.m. Present were Councilmembers: Ryan Hutchison, Kristine Scott, Sam Spagnolo, Mayor Pro Tem Lynne Kennedy, and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; James L. Markman, City Attorney, Matt Burris, Deputy City Manager/Community and Economic Development; Lori Sassoon, Deputy City Manager/ Administrative Services and Linda A. Troyan, City Clerk Services Director. Council Member Hutchison led the pledge of allegiance. B. PUBLIC COMMUNICATIONS There were no public communications. C. ITEMS OF DISCUSSION C1. Study Session - Enhanced Infrastructure Financing Districts (EIFD). (CITY) City Manager Gillison reported when redevelopment agencies in California were eliminated, there was no longer a financing mechanism to invest in infrastructure to support development in cities. Years later, a new financing tool called the Enhanced Infrastructure Financing District (EIFD) was developed. EIFD is how redevelopment worked, providing for the use of tax increment financing for certain types of infrastructure and other public investments. Deputy City Manager Sassoon introduced Joe Dieguez, Senior Vice President of Kosmont Companies, who via PowerPoint explained how EIFD’s work. He informed that an EIFD can take 12-18 months to form, is governed by a Public Financing Authority led by city or county, with mandatory hearings for its formation and requires no public vote to issue debt. He clarified that it is not a tax. He noted that a partnership can be developed with the County for beneficial uses of a site. Included in the presentation was an analysis regarding how an EIFD might be used to finance potential future infrastructure projects in the city. Joe Dieguez, Senior Vice President of Kosmont and Deputy City Manager Sassoon responded to Council comments on this new private sector investment and development method. Council consensus to: Pursue district formation to establish base year for incremental value growth as soon as feasible (first action would be City/County adoption of a Resolution of Intent); and continue to pursue opportunities for external funding sources (e.g. IIG and AHSC grants), ideally under joint City/County EIFD platform for greater priority; discuss with potential partners (e.g., County) to determine feasibility for cooperation; and refine analysis assumptions (e.g., boundary, development projections, levels of contribution, targeted infrastructure costs) based on continued outreach and feedback. D. ADJOURNMENT Mayor Michael adjourned the meeting at 4:55 p.m. Respectfully submitted, __________________________________ Linda A. Troyan, MMC City Clerk Services Director Approved: Page 7 DATE:December 1, 2021 TO:Mayor and Members of the City Council President and Members of the Boards of Directors FROM:John R. Gillison, City Manager INITIATED BY:Tamara L. Oatman, Finance Director Veronica Lopez, Accounts Payable Supervisor SUBJECT:Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $2,830,522.36 and City and Fire District Weekly Check Registers (No Checks Issued to Southern California Gas Company) in the Total Amount of $6,048,786.35 Dated November 08, 2021 Through November 18, 2021. (CITY/FIRE) RECOMMENDATION: Staff recommends City Council/Board of Directors of the Fire Protection District approve payment of demands as presented. Bi-weekly payroll is $1,492,568.43 and $1,337,953.93 for the City and the Fire District, respectively. Weekly check register amounts are $5,904,194.51 and $144,591.84 for the City and the Fire District, respectively. BACKGROUND: N/A ANALYSIS: N/A FISCAL IMPACT: Adequate budgeted funds are available for the payment of demands per the attached listing. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: N/A ATTACHMENTS: Attachment 1 - Weekly Check Register Page 8 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 11/8/2021 through 11/18/2021 Check No.Check Date Vendor Name City Fire Amount AP 00013345 11/09/2021 ABSOLUTE SECURITY INTERNATIONAL INC 67,174.51 0.00 67,174.51 AP 00013346 11/09/2021 ELECNOR BELCO ELECTRIC INC 61,460.01 0.00 61,460.01 AP 00013347 11/09/2021 ILAND INTERNET SOLUTIONS 11,081.65 0.00 11,081.65 AP 00013348 11/09/2021 SAN BERNARDINO COUNTY 60.00 0.00 60.00 AP 00013349 11/09/2021 SARGENT TOWN PLANNING INC 15,910.00 0.00 15,910.00 AP 00013350 11/09/2021 SHELL ENERGY NORTH AMERICA 272,671.40 0.00 272,671.40 ***AP 00013351 11/09/2021 AIRGAS USA LLC 84.54 1,271.39 1,355.93 AP 00013352 11/09/2021 HOLLIDAY ROCK CO INC 799.29 0.00 799.29 AP 00013353 11/09/2021 HOSE MAN INC 0.00 338.16 338.16 ***AP 00013354 11/09/2021 OFFICE DEPOT 236.84 61.58 298.42 AP 00013355 11/09/2021 SOUTHERN CALIFORNIA NEWS GROUP 10,623.53 0.00 10,623.53 AP 00013356 11/09/2021 SUNRISE FORD 1,539.20 0.00 1,539.20 AP 00013357 11/09/2021 VISTA PAINT 37.48 0.00 37.48 AP 00013359 11/17/2021 360 DEEP CLEANING LLC 0.00 9,620.00 9,620.00 AP 00013360 11/17/2021 CALIF GOVERNMENT VEBA / RANCHO CUCAMONGA 25,973.39 0.00 25,973.39 AP 00013361 11/17/2021 CALPINE ENERGY SERVICES LP 114,750.00 0.00 114,750.00 AP 00013362 11/17/2021 HAMPTON YOGA 70.00 0.00 70.00 AP 00013363 11/17/2021 RCCEA 1,543.00 0.00 1,543.00 AP 00013364 11/17/2021 RCPFA 13,701.97 0.00 13,701.97 AP 00013365 11/17/2021 RE ASTORIA 2 LLC 88,180.64 0.00 88,180.64 ***AP 00013366 11/17/2021 RICHARDS WATSON AND GERSHON 58,609.88 1,113.50 59,723.38 AP 00013367 11/17/2021 SAN BERNARDINO CTY SHERIFFS DEPT 3,723,998.00 0.00 3,723,998.00 AP 00013368 11/17/2021 SEDGWICK CLAIMS MANAGEMENT SERVICES INC 15,522.00 0.00 15,522.00 AP 00013369 11/17/2021 U S DEPARTMENT OF ENERGY 8,614.63 0.00 8,614.63 AP 00421156 11/09/2021 SKY LIMIT INVESTMENTS LLC 20,000.00 0.00 20,000.00 AP 00421157 11/09/2021 AAA PROPERTY MGMT & INVESTMENT 156.06 0.00 156.06 AP 00421158 11/09/2021 ABLE BUILDING MAINTENANCE 5,024.35 0.00 5,024.35 AP 00421159 11/09/2021 ACTION AWARDS INC 17.39 0.00 17.39 AP 00421160 11/09/2021 AUFBAU CORPORATION 0.00 9,313.00 9,313.00 AP 00421161 11/09/2021 AUTO & RV SPECIALISTS INC 200.70 0.00 200.70 AP 00421162 11/09/2021 BAGRO, CANDIDA 480.00 0.00 480.00 AP 00421163 11/09/2021 BAKER & TAYLOR LLC 39.44 0.00 39.44 AP 00421164 11/09/2021 BARBARA'S ANSWERING SERVICE 1,104.00 0.00 1,104.00 AP 00421165 11/09/2021 BEST OUTDOOR POWER INLAND LLC 290.28 0.00 290.28 AP 00421166 11/09/2021 BILL & WAGS INC 1,732.50 0.00 1,732.50 AP 00421167 11/09/2021 C V W D 451.98 0.00 451.98 AP 00421168 11/09/2021 C V W D 0.00 901.52 901.52 AP 00421172 11/09/2021 C V W D 56,967.16 0.00 56,967.16 AP 00421173 11/09/2021 CALIX INC 7,133.13 0.00 7,133.13 AP 00421174 11/09/2021 CAMPOS, RUBEN 72.35 0.00 72.35 AP 00421175 11/09/2021 CCI SYSTEMS INC 23,058.13 0.00 23,058.13 AP 00421176 11/09/2021 CHAMPION AWARDS & SPECIALTIES 174.56 0.00 174.56 AP 00421177 11/09/2021 CONOR CONSULTING LLC 225.00 0.00 225.00 AP 00421178 11/09/2021 CORODATA MEDIA STORAGE INC 63.75 0.00 63.75 AP 00421179 11/09/2021 COVETRUS NORTH AMERICA 489.10 0.00 489.10 AP 00421180 11/09/2021 CRIME SCENE STERI-CLEAN LLC 540.00 0.00 540.00 AP 00421181 11/09/2021 DIRECTV 179.99 0.00 179.99 06:56:09 11/18/2021Current Date:VLOPEZ - Veronica Lopez Page:1 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 9 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 11/8/2021 through 11/18/2021 Check No.Check Date Vendor Name City Fire Amount AP 00421182 11/09/2021 FEDERAL EXPRESS CORP 30.95 0.00 30.95 ***AP 00421184 11/09/2021 FRONTIER COMM 5,709.46 1,127.47 6,836.93 AP 00421185 11/09/2021 FUEL SERV 1,420.00 0.00 1,420.00 AP 00421186 11/09/2021 GATEWAY PET CEMETERY & CREMATORY 80.00 0.00 80.00 AP 00421187 11/09/2021 GILLISON, JOHN 36.63 0.00 36.63 AP 00421188 11/09/2021 GOLDEN GATE CONSTRUCTION INC 141,407.60 0.00 141,407.60 ***AP 00421189 11/09/2021 GRAINGER 465.37 203.15 668.52 ***AP 00421190 11/09/2021 GRAYBAR ELECTRIC COMPANY INC 385.88 808.11 1,193.99 AP 00421191 11/09/2021 HILLS PET NUTRITION SALES INC 1,019.70 0.00 1,019.70 AP 00421192 11/09/2021 HUANG, RUI 81.89 0.00 81.89 AP 00421193 11/09/2021 IMPERIAL SPRINKLER SUPPLY INC 2,800.77 0.00 2,800.77 AP 00421194 11/09/2021 INLAND OVERHEAD DOOR COMPANY 0.00 399.00 399.00 AP 00421195 11/09/2021 INTERSTATE ALL BATTERY CENTER 811.98 0.00 811.98 AP 00421196 11/09/2021 ITRON INC 8,002.80 0.00 8,002.80 AP 00421197 11/09/2021 K-K WOODWORKING 53.82 0.00 53.82 AP 00421198 11/09/2021 KENNEDY EQUIPMENT CO INC 341.44 0.00 341.44 AP 00421199 11/09/2021 LIFE-ASSIST INC 0.00 1,058.52 1,058.52 AP 00421200 11/09/2021 LIN, ZHEN 102.29 0.00 102.29 AP 00421201 11/09/2021 LOGMEIN USA INC 3,900.00 0.00 3,900.00 AP 00421202 11/09/2021 LUO, YA 67.88 0.00 67.88 AP 00421203 11/09/2021 MAGELLAN ADVISORS LLC 6,000.00 0.00 6,000.00 ***AP 00421204 11/09/2021 MARIPOSA LANDSCAPES INC 4,673.74 4.95 4,678.69 AP 00421205 11/09/2021 MARK CHRISTOPHER INC 160.26 0.00 160.26 AP 00421206 11/09/2021 MCMASTER-CARR SUPPLY COMPANY 511.64 0.00 511.64 AP 00421207 11/09/2021 MG PETROLEUM INC 1,712.00 0.00 1,712.00 AP 00421209 11/09/2021 MIDWEST TAPE 912.64 0.00 912.64 AP 00421210 11/09/2021 MUNICIPAL MAINTENANCE EQUIPMENT INC 1,144.74 0.00 1,144.74 AP 00421211 11/09/2021 NAPA AUTO PARTS 0.00 228.50 228.50 AP 00421212 11/09/2021 NATIONAL UTILITY LOCATORS LLC 420.00 0.00 420.00 AP 00421213 11/09/2021 NUTRIEN AG SOLUTIONS 16,535.32 0.00 16,535.32 AP 00421214 11/09/2021 OCCUPATIONAL HEALTH CTRS OF CA 0.00 462.71 462.71 AP 00421215 11/09/2021 ONTARIO, CITY OF 0.00 25,000.00 25,000.00 AP 00421216 11/09/2021 ORANGE LINE OIL COMPANY 638.93 0.00 638.93 AP 00421217 11/09/2021 PARKHOUSE TIRE INC 566.26 0.00 566.26 AP 00421218 11/09/2021 PASMA 75.00 0.00 75.00 AP 00421219 11/09/2021 PH&S PRODUCTS LLC 0.00 10,317.20 10,317.20 ***AP 00421220 11/09/2021 PINNACLE PETROLEUM INC 65,302.73 23,634.67 88,937.40 AP 00421221 11/09/2021 POWER & TELEPHONE SUPPLY COMPANY 599.84 0.00 599.84 AP 00421222 11/09/2021 PRISTINE UNIFORMS LLC 0.00 179.95 179.95 AP 00421223 11/09/2021 PRIVATE BRAND MFG 680.64 0.00 680.64 AP 00421224 11/09/2021 QUALITY CODE PUBLISHING 3,142.90 0.00 3,142.90 AP 00421225 11/09/2021 RAMEY, MARCUS 200.00 0.00 200.00 AP 00421226 11/09/2021 RBM LOCK AND KEY SERVICE 26.08 0.00 26.08 AP 00421227 11/09/2021 RUBIO JR, HUGO 29.06 0.00 29.06 AP 00421228 11/09/2021 SAFE-ENTRY TECHNICAL INC 0.00 200.00 200.00 AP 00421229 11/09/2021 SAN BERNARDINO CTY FIRE PROTECTION DIST 0.00 455.00 455.00 ***AP 00421230 11/09/2021 SCOTT MCLEOD PLUMBING INC 13,870.21 3,156.80 17,027.01 06:56:09 11/18/2021Current Date:VLOPEZ - Veronica Lopez Page:2 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 10 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 11/8/2021 through 11/18/2021 Check No.Check Date Vendor Name City Fire Amount AP 00421231 11/09/2021 SHRED PROS 313.00 0.00 313.00 AP 00421232 11/09/2021 SIEMENS MOBILITY INC 2,278.00 0.00 2,278.00 AP 00421233 11/09/2021 SILVER & WRIGHT LLP 12,118.47 0.00 12,118.47 AP 00421234 11/09/2021 SOCAL OFFICE TECHNOLOGIES 11,540.60 0.00 11,540.60 AP 00421235 11/09/2021 SONG, CHUANHONG 51.38 0.00 51.38 AP 00421236 11/09/2021 SOUTH COAST AQMD 0.00 712.85 712.85 AP 00421237 11/09/2021 SOUTHERN CALIF FLEET SERVICES INC 1,215.90 0.00 1,215.90 AP 00421238 11/09/2021 SOUTHERN CALIFORNIA EDISON 3,295.77 0.00 3,295.77 AP 00421239 11/09/2021 SOUTHERN CALIFORNIA LANDSCAPE INC 73,940.21 0.00 73,940.21 AP 00421240 11/09/2021 SPECIAL SERVICES GROUP LLC 2,400.00 0.00 2,400.00 AP 00421241 11/09/2021 STOTZ EQUIPMENT 105.06 0.00 105.06 AP 00421242 11/09/2021 TIANA SANCHEZ INTERNATIONAL LLC 3,000.00 0.00 3,000.00 AP 00421243 11/09/2021 TRIDEN GROUP CORP 2,520.00 0.00 2,520.00 AP 00421244 11/09/2021 U.S. BANK PARS ACCT #6746022500 21,024.20 0.00 21,024.20 AP 00421245 11/09/2021 U.S. BANK PARS ACCT #6746022500 1,125.02 0.00 1,125.02 AP 00421246 11/09/2021 U.S. BANK PARS ACCT #6746022500 1,124.18 0.00 1,124.18 AP 00421247 11/09/2021 U.S. BANK PARS ACCT #6746022500 13,538.85 0.00 13,538.85 AP 00421248 11/09/2021 U.S. BANK PARS ACCT #6745033700 6,605.00 0.00 6,605.00 AP 00421249 11/09/2021 ULINE 158.90 0.00 158.90 AP 00421250 11/09/2021 UNITED SITE SERVICES OF CA INC 301.45 0.00 301.45 AP 00421251 11/09/2021 VELOCITY TRUCK CENTERS 1,262.75 0.00 1,262.75 AP 00421252 11/09/2021 VERIZON WIRELESS - LA 5,655.18 0.00 5,655.18 AP 00421253 11/09/2021 VISION COMMUNICATIONS CO 440.00 0.00 440.00 AP 00421254 11/09/2021 VULCAN MATERIALS COMPANY 154.62 0.00 154.62 ***AP 00421255 11/09/2021 WALTERS WHOLESALE ELECTRIC CO 2,047.83 150.74 2,198.57 AP 00421256 11/09/2021 WAXIE SANITARY SUPPLY 8,237.43 0.00 8,237.43 AP 00421257 11/09/2021 WESTRUX INTERNATIONAL INC 1,681.91 0.00 1,681.91 AP 00421258 11/09/2021 WILSON & BELL AUTO SERVICE 3,830.92 0.00 3,830.92 AP 00421259 11/17/2021 WEST JUNCTION LLC 20,000.00 0.00 20,000.00 AP 00421260 11/17/2021 ADAPT CONSULTING INC 0.00 1,302.80 1,302.80 AP 00421261 11/17/2021 ADVANCED CHEMICAL TRANSPORT INC 1,676.50 0.00 1,676.50 AP 00421262 11/17/2021 ADVANCED UTILITY SYSTEMS CORP 61,030.52 0.00 61,030.52 AP 00421263 11/17/2021 AFLAC GROUP INSURANCE 24.58 0.00 24.58 AP 00421264 11/17/2021 ALL WELDING 240.00 0.00 240.00 AP 00421265 11/17/2021 ALLSTAR FIRE EQUIPMENT INC 0.00 86.20 86.20 AP 00421266 11/17/2021 ALVAREZ, KRISTIN 20.00 0.00 20.00 AP 00421267 11/17/2021 AQUABIO ENVIRONMENTAL TECHNOLOGIES INC 1,450.00 0.00 1,450.00 AP 00421268 11/17/2021 ARROW TRAILER SUPPLIES INC 123.81 0.00 123.81 AP 00421269 11/17/2021 ASSI SECURITY 910.00 0.00 910.00 AP 00421270 11/17/2021 AUTO & RV SPECIALISTS INC 291.82 0.00 291.82 AP 00421271 11/17/2021 AVENDANO, BRIANA 20.00 0.00 20.00 AP 00421272 11/17/2021 BALDY FIRE & SAFETY INC 0.00 1,085.00 1,085.00 AP 00421273 11/17/2021 BASELINE ANIMAL HOSPITAL 100.00 0.00 100.00 AP 00421274 11/17/2021 BAUSMAN, LAUREL 150.00 0.00 150.00 AP 00421275 11/17/2021 BERDEGUEZ, SCOTT OR BRITTANY 75.00 0.00 75.00 AP 00421276 11/17/2021 BEST OUTDOOR POWER INLAND LLC 75.37 0.00 75.37 AP 00421277 11/17/2021 BLUE LEAF STUDIO FLORIST 770.41 0.00 770.41 06:56:09 11/18/2021Current Date:VLOPEZ - Veronica Lopez Page:3 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 11 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 11/8/2021 through 11/18/2021 Check No.Check Date Vendor Name City Fire Amount AP 00421278 11/17/2021 BOEHRINGER INGELHEIM ANIMAL HEALTH USA INC 163.24 0.00 163.24 AP 00421279 11/17/2021 BRIGHTVIEW LANDSCAPE SERVICES INC 58,194.77 0.00 58,194.77 ***AP 00421282 11/17/2021 C V W D 25,927.12 740.89 26,668.01 AP 00421283 11/17/2021 CADY, DEBBIE 55.00 0.00 55.00 AP 00421284 11/17/2021 CALIFORNIA, STATE OF 314.11 0.00 314.11 AP 00421285 11/17/2021 CALIFORNIA, STATE OF 32.26 0.00 32.26 AP 00421286 11/17/2021 CALIFORNIA, STATE OF 342.73 0.00 342.73 AP 00421287 11/17/2021 CalPERS LONG-TERM CARE PROGRAM 177.08 0.00 177.08 AP 00421288 11/17/2021 CAMERON-DANIEL PC 213.50 0.00 213.50 AP 00421289 11/17/2021 CASCADE FIRE EQUIPMENT 0.00 4,564.73 4,564.73 AP 00421290 11/17/2021 CAVAZOS, RICKY 27.09 0.00 27.09 AP 00421291 11/17/2021 CHESNUT, MICHELLE 223.00 0.00 223.00 AP 00421292 11/17/2021 CINTAS CORPORATION #150 0.00 344.45 344.45 AP 00421293 11/17/2021 CIRCLEPOINT 2,895.92 0.00 2,895.92 AP 00421294 11/17/2021 CIVIC SOLUTIONS INC 12,137.50 0.00 12,137.50 AP 00421295 11/17/2021 COMPRESSED AIR SPECIALTIES 0.00 1,505.48 1,505.48 AP 00421296 11/17/2021 CORE STRENGTHS INC 4,517.20 0.00 4,517.20 AP 00421297 11/17/2021 CYBER SECURITY SOURCE 906.00 0.00 906.00 AP 00421298 11/17/2021 D & K CONCRETE COMPANY 5,270.31 0.00 5,270.31 AP 00421299 11/17/2021 DAISYECO INC 224.02 0.00 224.02 AP 00421300 11/17/2021 DANIELS, NOAH 1,962.18 0.00 1,962.18 AP 00421301 11/17/2021 DATA TICKET INC 6,484.29 0.00 6,484.29 AP 00421302 11/17/2021 DELTA DENTAL OF CALIFORNIA 40,573.53 0.00 40,573.53 AP 00421303 11/17/2021 DEPARTMENT OF HOUSING & COMMUNITY DVMT 16,710.00 0.00 16,710.00 AP 00421304 11/17/2021 DEPARTMENT OF JUSTICE 352.00 0.00 352.00 AP 00421305 11/17/2021 DIG SAFE BOARD 66.22 0.00 66.22 AP 00421306 11/17/2021 DIRECTV 88.99 0.00 88.99 AP 00421307 11/17/2021 DOING GOOD WORKS 746.51 0.00 746.51 AP 00421308 11/17/2021 DURON, JESUS 105.00 0.00 105.00 AP 00421309 11/17/2021 ECOHERO SHOW LLC, THE 850.00 0.00 850.00 AP 00421310 11/17/2021 EMPLOYMENT DEVELOPMENT DEPT 16,153.06 0.00 16,153.06 AP 00421311 11/17/2021 EXPERIAN 52.00 0.00 52.00 AP 00421312 11/17/2021 FEDERAL EXPRESS CORP 186.33 0.00 186.33 AP 00421313 11/17/2021 FEDERAL SIGNAL CORPORATION 0.00 200.59 200.59 AP 00421314 11/17/2021 FIREPAN MUSIC 500.00 0.00 500.00 AP 00421315 11/17/2021 FIREPAN MUSIC 2,000.00 0.00 2,000.00 AP 00421316 11/17/2021 FLEETPRIDE 0.00 207.96 207.96 AP 00421317 11/17/2021 FORTIN LAW GROUP 6,482.20 0.00 6,482.20 AP 00421318 11/17/2021 FRONTIER COMM 160.93 0.00 160.93 AP 00421319 11/17/2021 FUEL SERV 2,721.06 0.00 2,721.06 AP 00421320 11/17/2021 GAMMA SCIENTIFIC INC 750.00 0.00 750.00 AP 00421321 11/17/2021 GENTRY BROTHERS INC 157,851.86 0.00 157,851.86 AP 00421322 11/17/2021 GILLISON, JOHN 1,067.49 0.00 1,067.49 AP 00421323 11/17/2021 GOLDEN OAKS VET HOSPITAL 200.00 0.00 200.00 AP 00421324 11/17/2021 GRAINGER 989.78 0.00 989.78 AP 00421325 11/17/2021 GRAYBAR ELECTRIC COMPANY INC 738.09 0.00 738.09 AP 00421326 11/17/2021 HAMILTON, MONIQUE 117.60 0.00 117.60 06:56:09 11/18/2021Current Date:VLOPEZ - Veronica Lopez Page:4 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 12 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 11/8/2021 through 11/18/2021 Check No.Check Date Vendor Name City Fire Amount AP 00421327 11/17/2021 HAULAWAY STORAGE CONTAINERS INC 119.84 0.00 119.84 AP 00421328 11/17/2021 HDL COREN & CONE 4,825.00 0.00 4,825.00 AP 00421329 11/17/2021 HENRY SCHEIN INC 0.00 571.96 571.96 AP 00421330 11/17/2021 HLP INC 156.45 0.00 156.45 AP 00421331 11/17/2021 HOLTZ, LUKE 0.00 381.39 381.39 AP 00421332 11/17/2021 HOME DEPOT CREDIT SERVICES 917.91 0.00 917.91 AP 00421333 11/17/2021 HOYT LUMBER CO, S M 0.00 10.65 10.65 AP 00421334 11/17/2021 HUNTINGTON HARDWARE CO INC 800.42 0.00 800.42 AP 00421335 11/17/2021 IDEXX DISTRIBUTION INC 860.43 0.00 860.43 AP 00421336 11/17/2021 INTERVET INC 5,134.50 0.00 5,134.50 AP 00421337 11/17/2021 KIMBALL MIDWEST 1,047.00 0.00 1,047.00 AP 00421338 11/17/2021 KNIGHT LEADERSHIP SOLUTIONS 2,820.00 0.00 2,820.00 AP 00421339 11/17/2021 KWALL LLC 60,000.00 0.00 60,000.00 AP 00421340 11/17/2021 LANDSCAPE WEST MANAGEMENT SERVICES INC 17,235.40 0.00 17,235.40 AP 00421341 11/17/2021 LIFE-ASSIST INC 0.00 1,174.16 1,174.16 AP 00421342 11/17/2021 MAGELLAN ADVISORS LLC 11,865.00 0.00 11,865.00 AP 00421343 11/17/2021 MAIN STREET SIGNS 5,742.32 0.00 5,742.32 ***AP 00421344 11/17/2021 MARIPOSA LANDSCAPES INC 37,207.96 2,503.22 39,711.18 AP 00421345 11/17/2021 MARLINK INC 0.00 171.01 171.01 AP 00421346 11/17/2021 MARY MCGRATH ARCHITECTS 0.00 10,245.00 10,245.00 AP 00421347 11/17/2021 MDG ASSOCIATES INC 8,134.25 0.00 8,134.25 AP 00421348 11/17/2021 MEDIWASTE DISPOSAL 47.20 0.00 47.20 AP 00421349 11/17/2021 MUNICIPAL MAINTENANCE EQUIPMENT INC 3,919.88 0.00 3,919.88 AP 00421350 11/17/2021 MYERS TIRE SUPPLY COMPANY 113.16 0.00 113.16 AP 00421351 11/17/2021 NAFA FLEET MANAGEMENT ASSOCIATION 499.00 0.00 499.00 ***AP 00421352 11/17/2021 NAPA AUTO PARTS 15.49 1,191.29 1,206.78 AP 00421353 11/17/2021 NATIONAL UTILITY LOCATORS LLC 300.00 0.00 300.00 AP 00421354 11/17/2021 NEWCO DISTRIBUTORS INC 861.46 0.00 861.46 AP 00421355 11/17/2021 NEXTECH SYSTEMS INC 5,886.09 0.00 5,886.09 AP 00421356 11/17/2021 NUTRIEN AG SOLUTIONS 1,968.86 0.00 1,968.86 ***AP 00421357 11/17/2021 OCCUPATIONAL HEALTH CTRS OF CA 916.50 20,763.00 21,679.50 AP 00421358 11/17/2021 ONTARIO SPAY AND NEUTER INC 1,599.00 0.00 1,599.00 AP 00421359 11/17/2021 ONTARIO WINNELSON CO 305.65 0.00 305.65 AP 00421360 11/17/2021 ONWARD ENGINEERING 6,357.50 0.00 6,357.50 AP 00421361 11/17/2021 PERSITZA, ADAM 0.00 320.00 320.00 AP 00421362 11/17/2021 PIONEER MANUFACTURING COMPANY 2,022.73 0.00 2,022.73 AP 00421363 11/17/2021 POSTAL PERFECT 90.00 0.00 90.00 AP 00421364 11/17/2021 PRE-PAID LEGAL SERVICES INC 60.17 0.00 60.17 AP 00421365 11/17/2021 PRISTINE UNIFORMS LLC 0.00 321.11 321.11 AP 00421366 11/17/2021 PROS CONSULTING INC 3,243.00 0.00 3,243.00 AP 00421367 11/17/2021 R C ANIMAL CARE FOUNDATION 244.00 0.00 244.00 AP 00421368 11/17/2021 R C EMPLOYEE ACTIVITIES COMMITTEE 17,000.00 0.00 17,000.00 AP 00421369 11/17/2021 R3 CONSULTING GROUP INC 1,801.25 0.00 1,801.25 AP 00421370 11/17/2021 RANCHO SMOG CENTER 179.80 0.00 179.80 AP 00421371 11/17/2021 RIOS, CARRIE 29.03 0.00 29.03 AP 00421372 11/17/2021 ROADLINE PRODUCTS INC 88.18 0.00 88.18 AP 00421373 11/17/2021 SAEB, MELINDA 15.00 0.00 15.00 06:56:09 11/18/2021Current Date:VLOPEZ - Veronica Lopez Page:5 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 13 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 11/8/2021 through 11/18/2021 Check No.Check Date Vendor Name City Fire Amount AP 00421374 11/17/2021 SAM'S CLUB/SYNCHRONY BANK 959.32 0.00 959.32 AP 00421375 11/17/2021 SAN BERNARDINO CO AUDITOR CONT 6,879.50 0.00 6,879.50 AP 00421376 11/17/2021 SAN BERNARDINO COUNTY 220.00 0.00 220.00 AP 00421377 11/17/2021 SBPEA 2,288.17 0.00 2,288.17 AP 00421378 11/17/2021 SHERIFFS COURT SERVICES 100.00 0.00 100.00 AP 00421379 11/17/2021 SHOETERIA INC 555.00 0.00 555.00 ***AP 00421380 11/17/2021 SHRED PROS 113.00 63.00 176.00 AP 00421381 11/17/2021 SIGNUM LUX CORP 288.76 0.00 288.76 ***AP 00421382 11/17/2021 SOCAL OFFICE TECHNOLOGIES 112.65 11.26 123.91 ***AP 00421390 11/17/2021 SOUTHERN CALIFORNIA EDISON 119,987.44 3,689.98 123,677.42 ***AP 00421391 11/17/2021 SOUTHERN CALIFORNIA EDISON 1,157.36 1,577.98 2,735.34 AP 00421392 11/17/2021 STABILIZER SOLUTIONS INC 828.50 0.00 828.50 AP 00421393 11/17/2021 STATE FIRE TRAINING 0.00 125.00 125.00 AP 00421394 11/17/2021 STERLING COFFEE SERVICE 0.00 298.90 298.90 AP 00421395 11/17/2021 STOTZ EQUIPMENT 98.85 0.00 98.85 AP 00421396 11/17/2021 THOMPSON INDUSTRIAL SUPPLY INC 84.05 0.00 84.05 AP 00421397 11/17/2021 ULINE 936.82 0.00 936.82 AP 00421398 11/17/2021 UNDERGROUND SVC ALERT OF SO CAL 155.20 0.00 155.20 AP 00421399 11/17/2021 UNITED WAY 45.00 0.00 45.00 AP 00421400 11/17/2021 UNITY COURIER SERVICE INC 1,143.00 0.00 1,143.00 AP 00421401 11/17/2021 UNIVERSAL FLEET SUPPLY 0.00 133.21 133.21 AP 00421402 11/17/2021 UPS 48.42 0.00 48.42 AP 00421403 11/17/2021 URZUA, EDWARD 66.15 0.00 66.15 AP 00421404 11/17/2021 VCA CALIFORNIA VETERINARY SPECIALISTS 196.72 0.00 196.72 AP 00421405 11/17/2021 VELOCITY TRUCK CENTERS 308.20 0.00 308.20 AP 00421406 11/17/2021 VERIZON 25.12 0.00 25.12 AP 00421407 11/17/2021 VERIZON WIRELESS - LA 6,888.56 0.00 6,888.56 AP 00421408 11/17/2021 VETS CHOICE RADIOLOGY 79.00 0.00 79.00 AP 00421409 11/17/2021 VICTOR MEDICAL COMPANY 5,112.99 0.00 5,112.99 AP 00421410 11/17/2021 VISION SERVICE PLAN CA 10,547.74 0.00 10,547.74 AP 00421411 11/17/2021 VULCAN MATERIALS COMPANY 154.62 0.00 154.62 AP 00421412 11/17/2021 WALTERS WHOLESALE ELECTRIC CO 3,579.44 0.00 3,579.44 AP 00421413 11/17/2021 WAXIE SANITARY SUPPLY 3,661.90 0.00 3,661.90 AP 00421414 11/17/2021 WEST COAST SAND AND GRAVEL INC 1,142.87 0.00 1,142.87 AP 00421415 11/17/2021 WILLDAN FINANCIAL SERVICES 250.00 0.00 250.00 AP 00421416 11/17/2021 WINZER CORPORATION 0.00 282.85 282.85 AP 00421417 11/17/2021 WYMAN, LINDA 30.11 0.00 30.11 AP 00421418 11/17/2021 YU, JERRY 75.00 0.00 75.00 AP 00421419 11/17/2021 ZOETIS US LLC 228.73 0.00 228.73 $5,904,194.51 $6,048,786.35 $144,591.84 Note: Grand Total: Total Fire: Total City: *** Check Number includes both City and Fire District expenditures 06:56:09 11/18/2021Current Date:VLOPEZ - Veronica Lopez Page:6 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 14 DATE:December 1, 2021 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Jason C. Welday, Director of Engineering Services/City Engineer Annette Cano-Soza, Assistant Engineer SUBJECT:Consideration to Accept Public Improvements Located at the Northeast Corner of Base Line Road and Amethyst Avenue, Related to Case No. DRC2008-00909, as Complete, File the Notice of Completion, and Authorize Release of Bonds. (CITY) RECOMMENDATION: Staff recommends that the City Council: 1. Approve and accept the public improvements and their design, required for the development of Case No. DRC2008-00909 and authorize the City Engineer to file the appropriate Notice of Completion; 2. Release 90% of the Faithful Performance Cash Bond (Receipt No. 274958) for the associated public improvements; 3. Release the Labor and Material Cash Bond (Receipt No. 274958); and 4. Retain 10% of the Faithful Performance Cash Bond (Receipt No. 274958) as the Maintenance Cash Bond to be released upon approval of the City Engineer after successful completion of the 1-year warranty period. BACKGROUND: On January 22, 2014, the Planning Commission approved Case No. DRC2008-00909, the project consisted of the demolition of an existing veterinarian office and construction of a new veterinarian office and a commercial retail building on 0.60 acres of land located at the northeast corner of Base Line Road and Amethyst Avenue. An improvement agreement and securities were approved by the City Council on December 7, 2016, to ensure construction of the required public improvements. ANALYSIS: All public improvements required of this development have been completed to the satisfaction of the City Engineer. The developer, NAS Alta Loma, LLC has deposited the following securities: Faithful Performance Cash Bond $14,000 Receipt #274958 Labor and Material Cash Bond $61,800 Receipt #274958 Typically, a separate maintenance bond in the amount of 10% of the Faithful Performance Bond Page 15 Page 2 1 0 2 7 would be submitted to the City once work is completed. However, the developer has requested the City retain 10% of the faithful performance cash bond in the amount of $1,400 as the maintenance cash bond for the warranty period (one year from the final inspection). With completion of the improvements, 90% of the Faithful Performance cash bond and the full Labor and Material cash bond are no longer required. The improvements will be re-inspected in 10 months and the remaining cash bond will be released upon approval of the City Engineer if no defects in materials or workmanship are observed. FISCAL IMPACT: None COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item addresses the City Council’s vision for the City by ensuring the maintenance of high- quality improvements that promote a world class community. ATTACHMENTS: Attachment 1 - Vicinity Map Page 16 ATTACHMENT 1 1 6 0 7 DRC2008-00909 Vicinity Map NOT TO SCALE Project Site Page 17 DATE:December 1, 2021 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:William Wittkopf, Public Works Services Director Jeff Benson, Parks and Landscape Maintenance Superintendent Ruth Cain, CPPB, Procurement Manager SUBJECT:Consideration of the Purchase of Irrigation Parts and Supplies on an as Needed Basis in an Amount Not to Exceed $175,000 during FY 2021/2022 and $175,000 during FY 2022/2023. (CITY) RECOMMENDATION: Staff recommends that the City Council award the purchase of irrigation parts and supplies on an as needed basis from SiteOne in accordance with Request for Bids (RFB) #21/22-109, in an amount not to exceed $175,000 during FY 2021/2022 and $175,000 during FY 2022/2023, contingent upon approval of the FY 2022/2023 budget. BACKGROUND: Irrigation parts and supplies are a vital part of the City’s landscape maintenance program and are very important to the proper operation and longevity of the irrigation network. The quick repair of broken lines, leaky valves, and other irrigation components are imperative to save water and preserve the City’s extensive landscape infrastructure. RFB #21/22-109 required fixed pricing through December 31, 2022. This enables the continued purchase of irrigation parts and supplies during the first half of FY 2022/2023 while a procurement is conducted for the following calendar year. ANALYSIS: The Public Works Services Department provided the Purchasing Division with specifications for review and determined the best method of procurement. The Purchasing Division prepared and posted a formal Request for Bid (RFB) #21/22-109 for “Irrigation Parts and Supplies on an As Needed Basis” for one (1) year firm fixed pricing to the City’s automated procurement system. There was a total of Four Hundred and Seven (407) vendors that were notified and Eight (8) prospective bidders that downloaded and or reviewed the solicitation documentation. One (1) bid response was received. All applicable bid documentation is on file in the City’s electronic bidding system and can be accessed through the City’s web page. FISCAL IMPACT: The proposed expenditures are within the operations and maintenance budget line items in Page 18 Page 2 1 0 4 1 the approved budget for FY 2021-2022 and may be adjusted contingent on the adopted budget for FY 2022/2023. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item addresses the City Council’s Core Values of providing and nurturing a high quality of life for all by promoting continuous improvement of City infrastructure. ATTACHMENTS: None. Page 19 DATE:December 1, 2021 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Robert Neiuber, Human Resources Director Lucy Alvarez-Nunez, Management Analyst I SUBJECT:Consideration to Adopt a Resolution Approving the Salary Schedules for Fiscal Year 2021-22 for Job Classifications Employed by the City. (RESOLUTION NO. 2021-130) (CITY) RECOMMENDATION: Staff recommends that the City Council of the City of Rancho Cucamonga adopt the attached resolution approving the salary schedules for fiscal year 2021-22 for job classifications employed by the City. BACKGROUND: The City Council traditionally adopts salary resolutions biannually for classifications employed by the City of Rancho Cucamonga. These resolutions are updated to reflect changes in salaries, additions and deletions of classifications, changes in job titles and other terms of employment. Effective January 1, 2022, the State of California minimum wage will increase from $14.00 to $15.00 per hour. ANALYSIS: In order to comply with the State of California minimum wage law, the attached resolution includes updates to the part-time salary schedule increasing those steps below the minimum wage to $15.00 per hour. In addition, the bottom steps of the part-time Library positions were changed to match the full-time position’s hourly rate. The City recently negotiated an updated job description for the position of Assistant to the City Manager. The scope of duties, responsibilities, and requirements match those of the Deputy Director classification. Changes to the RCMA salary schedule include an increase to the salary range for the Assistant to the City Manager to match the Deputy Director of Human Resources salary range. The RCMA salary schedule effective date would be December 2, 2021 to facilitate the current Assistant to the City Manager recruitment. All other salary schedules, classifications, job titles, and other terms of employment remain the same. Staff recommends that the City Council approve the resolution updating the salary schedules for job classifications employed by the City for fiscal year 2021-22. Page 20 Page 2 1 0 4 8 FISCAL IMPACT: Adjustments to the part-time salary ranges and their fiscal impacts were accounted for in the current fiscal year budget. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item addresses the City’s Vision to build on our success as a world class community, create an equitable, sustainable, and vibrant City, rich in opportunity for all to thrive. ATTACHMENTS: Attachment 1 – Resolution No. 2021-130 Attachment 2 - Executive Management Group Salary Schedule Attachment 3 - Rancho Cucamonga Management Association Salary Schedule Attachment 4 - Teamsters Local 1932 Salary Schedule Attachment 5 - Rancho Cucamonga City Employees Association Salary Schedule Attachment 6 - Part Time City Positions Salary Schedule Page 21 Resolution No. 2021-130 - Page 1 of 1 RESOLUTION NO. 2021-130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE CITY SALARY SCHEDULES FOR FISCAL YEAR 2021-22 WHEREAS, the City Council of the City of Rancho Cucamonga has determined that it is necessary for the efficient operation and management of the City that policies be established prescribing salary ranges, benefits and holidays and other policies for employees of the City of Rancho Cucamonga; and WHEREAS, the City Council of the City of Rancho Cucamonga has previously adopted salary resolutions establishing salary ranges, benefits and other terms of employment for employees of the City of Rancho Cucamonga; and WHEREAS, the City Council of the City of Rancho Cucamonga recognizes that it is necessary from time to time to amend the salary resolution to accommodate changes in position titles, classifications salary ranges, benefits and other terms of employment; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California to approve the attached salary schedules for the Executive Management Group, Rancho Cucamonga Management Association, Teamsters Local 1932, Rancho Cucamonga City Employees Association, and Part-Time City positions (Attachments 2-6). PASSED, APROVED AND ADOPTED this 1st day of December, 2021. ATTACHMENT 1 Page 22 Minimum Control Point Maximum Class Title Step Amount Step Amount Step Amount Animal Services Director 1604 $9,478 1644 $11,570 1674 $13,427 Assistant City Manager 1672 $13,305 1712 $17,282 1742 $18,863 Building and Safety Services Director 1609 $9,716 1649 $11,863 1679 $13,777 City Clerk Services Director 1594 $9,016 1632 $10,897 1675 $13,505 City Manager 1756 $20,226 1796 $24,693 1826 $28,678 Community Services Director 1627 $10,629 1667 $12,977 1697 $15,070 Deputy City Manager/Administrative Services 1647 $11,744 1687 $14,338 1717 $16,652 Deputy City Manager/Civic & Cultural Services 1647 $11,744 1687 $14,338 1717 $16,652 Deputy City Manager/ Econ. & Comm. Dev.1647 $11,744 1687 $14,338 1717 $16,652 Eng Svs Director/City Engineer 1628 $10,682 1668 $13,041 1698 $15,145 Finance Director 1629 $10,736 1669 $13,106 1699 $15,222 Human Resources Director 1621 $10,316 1661 $12,593 1691 $14,627 Innovation and Technology Director 1637 $11,174 1677 $13,640 1697 $15,070 Library Director 1615 $10,012 1655 $12,222 1685 $14,195 Planning Director 1621 $10,316 1661 $12,593 1691 $14,627 Public Works Services Director 1609 $9,716 1649 $11,863 1679 $13,777 Fire Chief*A $15,982 F $20,397 * Included for informational purposes only - This is a Fire District Management Employee Group position not a City position EXECUTIVE MANAGEMENT GROUP ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Monthly Pay Ranges effective January 1, 2022 Resolution No. 2021-XXX ATTACHMENT 2 Executive Management Group Salary Schedule January 1, 2022 Page 23 Minimum Control Point Maximum Class Title Step Amount Step Amount Step Amount Accounting Manager 2525 $6,454 2565 $7,878 2585 $8,705 Animal Center Manager 2506 $5,872 2546 $7,168 2566 $7,918 Assistant to the City Manager 2590 $8,925 2630 $10,895 2650 $12,039 Building and Safety Manager 2533 $6,718 2573 $8,199 2593 $9,060 City Planner/Planning Manager 2583 $8,619 2623 $10,520 2643 $11,625 Community Affairs Manager 2565 $7,878 2605 $9,619 2625 $10,626 Community Improvement Manager 2533 $6,718 2573 $8,199 2593 $9,060 Community Services Manager 2506 $5,872 2546 $7,168 2566 $7,918 Community Services Superintendent 2536 $6,819 2576 $8,323 2596 $9,196 Cultural Center Manager 2536 $6,819 2576 $8,323 2596 $9,196 Deputy Director of City Clerk Services 2535 $6,785 2575 $8,281 2595 $9,150 Deputy Director of Community Services 2590 $8,925 2630 $10,895 2650 $12,039 Deputy Dir. Engineering/Deputy City Eng.2590 $8,925 2630 $10,895 2650 $12,039 Deputy Dir. Engineering/Utility Manager 2590 $8,925 2630 $10,895 2650 $12,039 Deputy Director of Engineering 2584 $8,662 2624 $10,574 2644 $11,684 Deputy Director of Finance 2590 $8,925 2630 $10,895 2650 $12,039 Deputy Director of Human Resources 2590 $8,925 2630 $10,895 2650 $12,039 Deputy Dir. of Innovation and Technology 2558 $7,608 2598 $9,287 2618 $10,263 Deputy Director of Library Services 2572 $8,158 2612 $9,959 2632 $11,004 Deputy Director of Public Works 2590 $8,925 2630 $10,895 2650 $12,039 Environmental Programs Manager 2539 $6,922 2579 $8,449 2599 $9,335 Facilities Superintendent 2536 $6,819 2576 $8,323 2596 $9,196 Finance Manager 2559 $7,646 2599 $9,335 2619 $10,315 Library Services Manager 2506 $5,872 2546 $7,168 2566 $7,918 Park/Landscape Maintenance Supt 2536 $6,819 2576 $8,323 2596 $9,196 Plan Check & Inspection Manager 2533 $6,718 2573 $8,199 2595 $9,150 Principal Accountant 2532 $6,684 2572 $8,158 2592 $9,014 Principal Engineer 2567 $7,958 2607 $9,713 2627 $10,732 Principal Librarian 2495 $5,558 2535 $6,785 2555 $7,495 Principal Management Analyst 2543 $7,061 2583 $8,619 2603 $9,523 Principal Planner 2537 $6,853 2577 $8,365 2597 $9,241 Procurement Manager 2530 $6,618 2570 $8,078 2590 $8,925 Public Works Maintenance Manager 2566 $7,918 2606 $9,666 2626 $10,679 Revenue Manager 2532 $6,684 2572 $8,158 2592 $9,014 Senior Civil Engineer 2547 $7,203 2587 $8,792 2607 $9,713 Senior Executive Assistant 2460 $4,668 2500 $5,698 2520 $6,296 Monthly Pay Ranges Effective December 2, 2021 Resolution No. 2021-XXX ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES RANCHO CUCAMONGA MANAGEMENT ASSOCIATION ATTACHMENT 3 RCMA Salary Schedule December 2, 2021Page24 Minimum Control Point Maximum Monthly Pay Ranges Effective December 2, 2021 Resolution No. 2021-XXX ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES RANCHO CUCAMONGA MANAGEMENT ASSOCIATION Senior Planner 2517 $6,203 2557 $7,570 2577 $8,365 Street/Storm Drain Maintenance Supt 2536 $6,819 2576 $8,323 2596 $9,196 Traffic Engineer 2569 $8,038 2609 $9,811 2629 $10,842 Utilities Operations Manager 2524 $6,422 2564 $7,840 2584 $8,662 Veterinarian 2579 $8,449 2619 $10,315 2639 $11,395 ATTACHMENT 3 RCMA Salary Schedule December 2, 2021Page25 Class Title Step Amount Step Amount Step Amount Electrician 5457 $4,690 5497 $5,726 5517 $6,328 Equipment Operator 5425 $3,999 5465 $4,882 5485 $5,394 Inventory Specialist Equipment/Mat 5389 $3,342 5429 $4,079 5449 $4,507 Lead Maintenance Worker 5429 $4,079 5469 $4,980 5489 $5,502 Lead Mechanic 5440 $4,310 5480 $5,260 5500 $5,812 Maintenance Coordinator 5452 $4,575 5492 $5,584 5512 $6,171 Maintenance Worker 5391 $3,375 5431 $4,119 5451 $4,550 Mechanic 5430 $4,100 5470 $5,005 5490 $5,530 Senior Maintenance Worker 5401 $3,546 5441 $4,330 5461 $4,785 Signal & Lighting Coordinator 5479 $5,235 5519 $6,390 5539 $7,061 Signal & Lighting Technician 5452 $4,575 5492 $5,584 5512 $6,171 Minimum Control Point Maximum Monthly Pay Ranges Effective January 1, 2022 Resolution No. 2021-XXX PUBLIC WORKS MAINTENANCE EMPLOYEES ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Represented By THE TEAMSTERS LOCAL 1932 ATTACHMENT 4 Teamsters Local 1932 Salary Schedule January 1, 2022Page26 Minimum Control Point Maximum Class Title Step Amount Step Amount Step Amount Account Clerk 4375 $3,055 4415 $3,730 4435 $4,121 Account Technician 4423 $3,881 4463 $4,737 4483 $5,235 Accountant#3465 $4,786 3505 $5,842 3525 $6,454 Accounts Payable Supervisor#3470 $4,906 3510 $5,989 3530 $6,618 Administrative Assistant 4369 $2,965 4409 $3,619 4429 $3,999 Administrative Technician 4437 $4,163 4477 $5,081 4497 $5,613 Animal Behavior Specialist 4388 $3,259 4428 $3,979 4448 $4,397 Animal Care Attendant 4349 $2,684 4389 $3,276 4409 $3,619 Animal Care Supervisor#3440 $4,225 3480 $5,156 3500 $5,698 Animal Caretaker 4378 $3,102 4418 $3,785 4438 $4,182 Animal Rescue Specialist 4388 $3,259 4428 $3,979 4448 $4,397 Animal Services Dispatcher 4369 $2,965 4409 $3,619 4429 $3,999 Animal Services Officer I 4421 $3,843 4461 $4,691 4481 $5,183 Animal Services Officer II 4441 $4,245 4481 $5,183 4501 $5,727 Artistic Producer - Mainstreet Theatre Company 4450 $4,441 4490 $5,421 4510 $5,989 Assistant Engineer#3488 $5,366 3528 $6,551 3548 $7,239 Assistant Planner#3468 $4,858 3508 $5,930 3528 $6,551 Associate Engineer#3518 $6,233 3558 $7,608 3578 $8,407 Associate Planner#3487 $5,340 3527 $6,520 3547 $7,203 Box Office Coordinator 4450 $4,441 4490 $5,421 4510 $5,989 Budget Analyst#3515 $6,140 3555 $7,495 3575 $8,281 Building Inspection Supervisor#2 3504 $5,812 3544 $7,096 3564 $7,840 Building Inspector I2 4444 $4,308 4484 $5,260 4504 $5,812 Building Inspector II2 4464 $4,761 4504 $5,812 4524 $6,422 Business License Clerk 4378 $3,102 4418 $3,785 4438 $4,182 Business License Inspector 4418 $3,785 4458 $4,621 4478 $5,106 Business License Program Coordinator#3432 $4,060 3472 $4,954 3492 $5,474 Business License Program Supervisor#3470 $4,906 3510 $5,989 3530 $6,618 Business License Technician 4408 $3,602 4448 $4,397 4468 $4,858 City Clerk Records Management Analyst#3470 $4,906 3510 $5,989 3530 $6,618 Community Affairs Coordinator 4450 $4,441 4490 $5,421 4510 $5,989 Community Affairs Officer#3515 $6,140 3555 $7,495 3575 $8,281 Community Affairs Senior Coordinator#3480 $5,156 3520 $6,296 3540 $6,956 Community Affairs Specialist 4350 $2,696 4390 $3,292 4410 $3,637 Community Affairs Technician 4437 $4,163 4477 $5,081 4497 $5,613 Monthly Pay Ranges Effective January 1, 2022 Resolution No. 2021-XXX SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES RCCEA COVERED EMPLOYEES IN THE ATTACHMENT 5 RCCEA Salary Schedule January 1, 2022Page27 Minimum Control Point Maximum Monthly Pay Ranges Effective January 1, 2022 Resolution No. 2021-XXX SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES RCCEA COVERED EMPLOYEES IN THE Community Development Technician I 4413 $3,691 4453 $4,507 4473 $4,980 Community Development Technician II 4423 $3,881 4463 $4,737 4483 $5,235 Community Improvement Supervisor#2 3504 $5,812 3544 $7,096 3564 $7,840 Community Improvement Officer I 4421 $3,843 4461 $4,691 4481 $5,183 Community Improvement Officer II 4441 $4,245 4481 $5,183 4501 $5,727 Community Programs Coordinator 4450 $4,441 4490 $5,421 4510 $5,989 Community Programs Specialist 4437 $4,163 4477 $5,081 4497 $5,613 Community Services Coordinator 4450 $4,441 4490 $5,421 4510 $5,989 Community Services Project Coordinator#3500 $5,698 3540 $6,956 3560 $7,684 Community Services Specialist 4350 $2,696 4390 $3,292 4410 $3,637 Community Services Supervisor#3480 $5,156 3520 $6,296 3540 $6,956 Community Services Technician 4437 $4,163 4477 $5,081 4497 $5,613 Community Theater Producer 4450 $4,441 4490 $5,421 4510 $5,989 Customer Care Assistant 4349 $2,684 4409 $3,619 4429 $3,999 Customer Service Representative 4378 $3,102 4418 $3,785 4438 $4,182 Deputy City Clerk#3430 $4,019 3470 $4,906 3490 $5,421 Engineering Aide 4421 $3,843 4461 $4,691 4481 $5,183 Engineering Technician 4441 $4,245 4481 $5,183 4501 $5,727 Environmental Programs Coordinator#3503 $5,783 3543 $7,061 3563 $7,801 Environmental Programs Inspector2 4464 $4,761 4504 $5,812 4524 $6,422 Event & Rental Services Coordinator 4450 $4,441 4490 $5,421 4510 $5,989 Executive Assistant II#3444 $4,308 3484 $5,260 3504 $5,812 Executive Assistant1 4394 $3,359 4464 $4,761 4484 $5,260 Fleet Supervisor#2 3488 $5,366 3528 $6,551 3548 $7,239 Front of House Coordinator 4450 $4,441 4490 $5,421 4510 $5,989 Fund Development Coordinator#3470 $4,906 3510 $5,989 3530 $6,618 GIS Analyst#3505 $5,842 3545 $7,132 3565 $7,878 GIS Specialist 4456 $4,576 4496 $5,585 4516 $6,171 GIS Supervisor#3535 $6,785 3575 $8,281 3595 $9,150 GIS Technician 4436 $4,140 4476 $5,054 4496 $5,585 Human Resources Business Partner#3433 $4,079 3473 $4,980 3493 $5,503 Human Resources Clerk 4389 $3,276 4429 $3,999 4449 $4,418 Human Resources Technician 4408 $3,602 4448 $4,397 4468 $4,858 Information Technology Analyst I#3505 $5,842 3545 $7,132 3565 $7,878 Information Technology Analyst II#3520 $6,296 3560 $7,684 3580 $8,489 Information Technology Specialist I 4456 $4,576 4496 $5,585 4516 $6,171 ATTACHMENT 5 RCCEA Salary Schedule January 1, 2022Page28 Minimum Control Point Maximum Monthly Pay Ranges Effective January 1, 2022 Resolution No. 2021-XXX SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES RCCEA COVERED EMPLOYEES IN THE Information Technology Specialist II 4471 $4,931 4511 $6,019 4531 $6,650 Information Technology Technician 4411 $3,655 4451 $4,461 4471 $4,931 Lead Park Ranger 4421 $3,843 4461 $4,691 4481 $5,183 Librarian I# 3435 $4,121 3475 $5,031 3495 $5,558 Librarian II#3457 $4,598 3497 $5,613 3517 $6,203 Library Assistant I#3373 $3,023 3413 $3,691 3433 $4,079 Library Assistant II#3414 $3,711 3454 $4,530 3474 $5,005 Library Clerk 4356 $2,778 4396 $3,392 4416 $3,747 Library Technician 4393 $3,341 4433 $4,079 4453 $4,507 Maintenance Supervisor#2 3488 $5,366 3528 $6,551 3548 $7,239 Management Aide 4440 $4,225 4480 $5,156 4500 $5,698 Management Analyst I#3470 $4,906 3510 $5,989 3530 $6,618 Management Analyst II#3498 $5,641 3538 $6,888 3558 $7,608 Management Analyst III#3515 $6,140 3555 $7,495 3575 $8,281 Office Services Clerk 4369 $2,965 4409 $3,619 4429 $3,999 Patron & Events Supervisor#3480 $5,156 3520 $6,296 3540 $6,956 Payroll Supervisor#3470 $4,906 3510 $5,989 3530 $6,618 Planning Specialist 4443 $4,287 4483 $5,235 4503 $5,783 Planning Technician 4423 $3,881 4463 $4,737 4483 $5,235 Plans Examiner I 4474 $5,005 4514 $6,110 4534 $6,751 Plans Examiner II#3488 $5,366 3528 $6,551 3548 $7,239 Procurement & Contracts Analyst#3433 $4,079 3473 $4,980 3493 $5,503 Procurement Clerk 4374 $3,040 4414 $3,711 4434 $4,100 Procurement Technician 4411 $3,655 4451 $4,461 4471 $4,931 Public Services Technician I 4413 $3,691 4453 $4,507 4473 $4,980 Public Services Technician II 4423 $3,881 4463 $4,737 4483 $5,235 Public Services Technician III 4443 $4,287 4483 $5,235 4503 $5,783 Public Works Inspector I2 4444 $4,308 4484 $5,260 4504 $5,812 Public Works Inspector II2 4464 $4,761 4504 $5,812 4524 $6,422 Public Works Safety Coordinator #2 3468 $4,858 3508 $5,930 3528 $6,551 Records Clerk 4358 $2,806 4398 $3,426 4418 $3,785 Records Coordinator 4386 $3,226 4426 $3,940 4446 $4,352 Risk Management Coordinator#3470 $4,906 3510 $5,989 3530 $6,618 Senior Account Clerk 4395 $3,375 4435 $4,121 4455 $4,552 Senior Account Technician 4446 $4,352 4486 $5,314 4506 $5,872 Senior Accountant#3498 $5,641 3538 $6,888 3558 $7,608 ATTACHMENT 5 RCCEA Salary Schedule January 1, 2022Page29 Minimum Control Point Maximum Monthly Pay Ranges Effective January 1, 2022 Resolution No. 2021-XXX SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES RCCEA COVERED EMPLOYEES IN THE Senior Animal Services Officer#3461 $4,691 3501 $5,727 3521 $6,327 Senior Building Inspector#2 3484 $5,260 3524 $6,422 3544 $7,096 Senior Business License Clerk 4398 $3,426 4438 $4,182 4458 $4,621 Senior Community Improvement Officer#3461 $4,691 3501 $5,727 3521 $6,327 Senior Electrician #3485 $5,288 3525 $6,454 3545 $7,132 Senior GIS Analyst #3520 $6,296 3560 $7,684 3580 $8,489 Senior Information Technology Analyst#3535 $6,785 3575 $8,281 3595 $9,150 Senior Information Technology Specialist#4493 $5,503 4533 $6,718 4553 $7,422 Senior Librarian#3468 $4,858 3508 $5,930 3528 $6,551 Senior Park Planner#3500 $5,698 3540 $6,956 3560 $7,684 Senior Plans Examiner#3503 $5,783 3543 $7,061 3563 $7,801 Senior Procurement Technician#3463 $4,737 3503 $5,783 3523 $6,390 Senior Risk Management Analyst#3515 $6,140 3555 $7,495 3575 $8,281 Senior Veterinary Technician#3461 $4,691 3501 $5,727 3521 $6,327 Special Districts Analyst#3498 $5,641 3538 $6,888 3558 $7,608 Supervising Public Works Inspector#2 3494 $5,529 3534 $6,751 3554 $7,458 Theater Production Coordinator 4460 $4,668 4500 $5,698 4520 $6,296 Theater Production Supervisor#3480 $5,156 3520 $6,296 3540 $6,956 Theatre Technician III 4423 $3,881 4463 $4,737 4483 $5,235 Utilities Operation Supervisor#3515 $6,140 3555 $7,495 3575 $8,281 Veterinary Assistant 4407 $3,583 4447 $4,375 4467 $4,833 Veterinary Technician 4437 $4,163 4477 $5,081 4497 $5,613 2. Refer to MOU for provision of boot # Denotes Supervisory/Professional Class 1. When acting as Clerk to Commissions $50 paid per night or weekend day meeting. Compensatory time off ATTACHMENT 5 RCCEA Salary Schedule January 1, 2022Page30 Hourly Pay Ranges Effective January 1, 2022 Part Time Positions Step Amount Step Amount Step Amount Account Clerk 6368 $15.87 6408 $19.37 6449 $23.77 Account Technician 6423 $20.88 6463 $25.49 6497 $30.20 Accountant 6465 $25.74 6505 $31.43 6539 $37.23 Administrative Assistant 6357 $15.02 6372 $16.19 6443 $23.07 Administrative Intern 6357 $15.02 6360 $15.25 6370 $16.02 Animal Behavior Specialist 6388 $17.54 6428 $21.41 6462 $25.36 Animal Care Attendant 6357 $15.02 6389 $17.62 6422 $20.77 Animal Caretaker 6378 $16.69 6418 $20.36 6452 $24.12 Animal Rescue Specialist 6388 $17.54 6428 $21.41 6462 $25.36 Animal Services Dispatcher 6369 $15.95 6409 $19.47 6443 $23.07 Animal Services Officer 6441 $22.84 6481 $27.88 6495 $29.90 Assistant Engineer 6488 $28.88 6528 $35.25 6562 $41.76 Assistant Planner 6468 $26.13 6508 $31.90 6541 $37.61 Associate Engineer 6518 $33.53 6558 $40.94 6592 $48.50 Associate Planner 6487 $28.73 6527 $35.07 6561 $41.55 Box Office Assistant*6357 $15.02 Box Office Specialist 6357 $15.02 6361 $15.33 Budget Analyst 6498 $30.35 6538 $37.05 6588 $47.54 Building Inspector 6464 $25.61 6504 $31.27 6523 $34.38 Business License Clerk 6378 $16.69 6418 $20.36 6452 $24.12 Business License Technician 6408 $19.37 6448 $23.65 6482 $28.02 Community Improvement Officer I 6421 $20.67 6461 $25.23 6495 $29.90 Community Improvement Officer II 6441 $22.84 6481 $27.88 6515 $33.03 Community Programs Coordinator 6450 $23.89 6490 $29.16 6524 $34.55 Community Programs Specialist 6437 $22.39 6477 $27.33 6511 $32.38 Community Services Coordinator 6450 $23.89 6490 $29.16 6529 $35.42 Community Services Specialist 6357 $15.02 6390 $17.71 6424 $20.98 Community Services Supervisor 6480 $27.75 6520 $33.87 6554 $40.13 Community Services Technician 6437 $22.39 6477 $27.33 6511 $32.38 Customer Care Assistant 6357 $15.02 6372 $16.19 6443 $23.07 Day Custodian 6391 $17.79 Department Director 6562 $41.76 6604 $51.50 6707 $86.07 Department Manager 6525 $34.73 6566 $42.60 6634 $59.81 Deputy City Clerk 6430 $21.62 6470 $26.40 6504 $31.27 Division Supervisor 6416 $20.16 6457 $24.74 6554 $40.13 Electrician 6457 $24.74 6497 $30.20 6535 $36.50 Resolution No. 2021-XXX Minimum Control Point Maximum PART-TIME CITY POSITIONS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES ATTACHMENT 6 Part-Time City Positions Salary Schedule January 1, 2022Page31 Hourly Pay Ranges Effective January 1, 2022 Part Time Positions Step Amount Step Amount Step Amount Resolution No. 2021-XXX Minimum Control Point Maximum PART-TIME CITY POSITIONS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Energy Efficiency Coordinator 6372 $16.19 6412 $19.77 6422 $20.78 Engineering Aide 6421 $20.67 6461 $25.24 6495 $29.90 Engineering Intern 6357 $15.02 6360 $15.24 6370 $16.03 Engineering Technician 6441 $22.84 6481 $27.88 6515 $33.03 Environmental Resources Intern*6357 $15.02 Equipment Operator 6425 $21.09 6465 $25.75 6503 $31.11 Executive Assistant 6394 $18.07 6434 $22.06 6497 $30.20 GIS Intern 6357 $15.02 6360 $15.24 6370 $16.03 GIS Programmer/Analyst 6456 $24.61 6496 $30.05 6506 $31.58 GIS Technician 6436 $22.28 6476 $27.20 6510 $32.22 Healthy Cities Coordinator 6372 $16.19 6412 $19.77 6422 $20.78 Human Resources Clerk 6389 $17.62 6429 $21.51 6462 $25.36 Human Resources Technician 6399 $18.52 6439 $22.61 6465 $25.74 Lead Mechanic 6440 $22.73 6480 $27.75 6518 $33.53 Librarian I 6449 $23.77 6489 $29.01 6509 $32.06 Library Assistant I 6387 $17.44 6427 $21.30 6447 $23.53 Library Assistant II 6428 $21.40 6468 $26.13 6488 $28.87 Library Clerk 6370 $16.02 6410 $19.56 6429 $21.51 Library Director/SIF Trainer 6600 $50.48 6640 $61.63 6650 $64.78 Library Page*6357 $15.02 Library Technician 6407 $19.27 6447 $23.53 6467 $26.00 Maintenance Technician*6357 $15.02 Management Aide 6440 $22.73 6480 $27.75 6514 $32.87 Management Analyst I 6470 $26.40 6510 $32.22 6544 $38.17 Management Analyst II 6498 $30.35 6538 $37.05 6571 $43.68 Management Analyst III 6529 $35.42 6569 $43.24 6588 $47.54 Mechanic 6430 $21.62 6470 $26.40 6508 $31.90 Meter Technician 6487 $28.73 6527 $35.07 6537 $36.86 Office Services Clerk 6369 $15.95 6409 $19.47 6443 $23.07 Office Specialist I 6357 $15.02 6372 $16.19 6382 $17.02 Office Specialist II 6357 $15.02 6392 $17.89 6402 $18.80 Outreach Technician 6357 $15.02 6361 $15.33 Park Ranger*6389 $17.62 Planning Aide 6357 $15.02 6360 $15.24 6370 $16.03 Planning Manager 6583 $46.37 6623 $56.62 6656 $66.74 Plans Examiner I 6474 $26.92 6514 $32.87 6548 $38.94 ATTACHMENT 6 Part-Time City Positions Salary Schedule January 1, 2022Page32 Hourly Pay Ranges Effective January 1, 2022 Part Time Positions Step Amount Step Amount Step Amount Resolution No. 2021-XXX Minimum Control Point Maximum PART-TIME CITY POSITIONS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Playschool Instructor*6373 $16.27 Principal Engineer 6567 $42.82 6607 $52.27 6640 $61.62 Program Specialist 6357 $15.02 6361 $15.33 Public Services Technician I 6413 $19.86 6453 $24.25 6487 $28.73 Public Services Technician II 6423 $20.88 6463 $25.49 6497 $30.20 Public Services Technician III 6443 $23.07 6483 $28.16 6517 $33.36 Public Works Inspector I 6444 $23.19 6484 $28.31 6518 $33.53 Public Works Inspector II 6464 $25.62 6504 $31.27 6538 $37.05 Purchasing Clerk 6368 $15.87 6408 $19.37 6418 $20.37 Receptionist 6357 $15.02 6382 $17.02 6392 $17.89 Records Clerk 6357 $15.02 6384 $17.19 6432 $21.83 Records Coordinator 6372 $16.19 6412 $19.77 6459 $24.98 Recreation Leader II*6357 $15.02 Secretary 6394 $18.07 6434 $22.06 6444 $23.18 Senior Accountant 6498 $30.35 6538 $37.05 6571 $43.68 Senior Civil Engineer 6543 $37.99 6583 $46.37 6620 $55.77 Signal and Lighting Technician 6452 $24.12 6492 $29.46 6530 $35.60 Theatre Technician I*6357 $15.02 Theatre Technician II*6407 $19.27 Veterinarian 6579 $45.46 6619 $55.50 6652 $65.42 Veterinary Assistant 6407 $19.27 6447 $23.52 6481 $27.88 Veterinary Technician 6437 $22.40 6477 $27.33 6511 $32.38 * Single Step ATTACHMENT 6 Part-Time City Positions Salary Schedule January 1, 2022Page33 DATE:December 1, 2021 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Jason C. Welday, Director of Engineering Services/City Engineer Linda C. Ceballos, Environmental Programs Manager SUBJECT:Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. 989 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER 8.15 (MANDATORY ORGANIC WASTE DISPOSAL REDUCTION) TO TITLE 8 HEALTH AND SAFETY OF THE RANCHO CUCAMONGA MUNICIPAL CODE, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA RECOMMENDATION: Staff recommends that the City Council waive full reading and adopt Ordinance No. 989. BACKGROUND: The introduction and first reading of the above-entitled Ordinances was conducted at the Regular Council meeting of November 17, 2021. Votes at first reading: AYES: Scott, Hutchison, Kennedy, Michael, Spagnolo. ABSENT: None ANALYSIS: Please refer to the November 17, 2021 City Council Staff Report. FISCAL IMPACT: Please refer to the November 17, 2021 City Council Staff Report. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: Please refer to the November 17, 2021 City Council Staff Report. ATTACHMENTS: Attachment 1 – Ordinance No. 989 Page 34 Ordinance No. 989 – Page 1 of 26 ATTACHMENT #1 ORDINANCE NO. 989 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER 8.15 (MANDATORY ORGANIC WASTE DISPOSAL REDUCTION) TO TITLE 8 HEALTH AND SAFETY OF THE RANCHO CUCAMONGA MUNICIPAL CODE, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA SECTION 1. FINDINGS. A. The City of RANCHO CUCAMONGA, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California. B. Assembly Bill (“AB”) 939 of 1989, the California Integrated Waste Management Act of 1989 (Public Resources Code Section 40000, et seq., as amended, supplemented, superseded and replaced from time to time and as implemented by regulations of the California Department of Resources, Recycling and Recovery (“CalRecycle”)), requires the City to reduce, reuse, and recycle (including composting), solid waste generated in the City to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment. C. AB 341 of 2011 places requirements on businesses, including multi-family property owners with five or more dwelling units, that generate a specified threshold amount of solid waste to arrange for recycling services and requires the City to implement a mandatory commercial recycling program. D. AB 1826 of 2014 requires businesses, including multi-family property owners with five or more dwelling units, that generate a specified threshold amount of solid waste, recycling, and organic waste per week to arrange for recycling services for that waste, and requires the City to implement a mandatory commercial organics recycling program for designated businesses and multi-family property owners. E. AB 827 of 2019, with respect to certain businesses that offer products for immediate consumption, imposes requirements for on-site recycling and organic waste containers, including that these containers be placed adjacent to trash containers, be visible, easily accessible, and clearly marked. AB 827 further provides that certain businesses that arrange for gardening or landscaping services shall require the contract or work agreement between the business and the gardening or landscaping service require that the organic waste generated by those services be managed in compliance with Chapter 12.8 of Part 3 of Division 30 of the California Public Resources Code. Page 35 Ordinance No. 989 – Page 2 of 26 F. Senate Bill (“SB”) 1383 of 2016, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. These regulations, adopted in 2020 (“SB 1383 Regulations”), place requirements on multiple entities including the City; single-family residential households; commercial businesses, including multi-family property owners with five or more dwelling units; commercial edible food generators; haulers, including self-haulers; food recovery organizations; and food recovery services to support achievement of statewide organic waste disposal reduction targets. G. The SB 1383 Regulations require the City to adopt and enforce an ordinance or other enforceable mechanism to implement relevant provisions of the SB 1383 Regulations. H. This Ordinance implements the requirements of the SB 1383 Regulations. THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA ORDAINS AS FOLLOWS: SECTION 2. ORDINANCE. Title 8 (Health and Safety) of the Rancho Cucamonga Municipal Code is hereby amended to add Chapter 8.15 (Mandatory Organic Waste Disposal Reduction) to read as follows: “8.15 – Mandatory Organic Waste Disposal Reduction 8.15.010 Definitions For the purposes of this chapter, the following words, terms, phrases, and their derivations have the meanings given herein. Terms not defined in this section and defined elsewhere in this Code shall have the same meanings herein unless the context otherwise requires. When consistent with the context, words used in the present tense include the future tense, and words in the singular number include the plural number. In the event of a conflict between a definition in this Code and a definition in 14 CCR Section 18982, the definitions in Section 18982 shall control for the purposes of this chapter. Additionally, for the purposes of this chapter, the definitions in 14 CCR Section 18982 shall control for terms used in this chapter and not defined in this Code. Unless otherwise specified herein, references to a statute or regulation means the statute or regulation, as amended, supplemented, superseded, and replaced from time to time. “Back-Haul” means generating and transporting Organic Waste to a destination owned and operated by the Generator using the Generator’s own employees and equipment; or, as otherwise defined in 14 CCR Section 18982(a)(66)(A). “Blue Container” has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used only for the purpose of storage and collection of Source Separated Recyclable Materials. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of Source Separated Page 36 Ordinance No. 989 – Page 3 of 26 Recyclable Materials and that do not comply with the color requirements of 14 CCR Section 18982(a)(5) shall be deemed to be Blue Containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier. “Black Container” has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used only for the purpose of storage and collection of Black Container Waste. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of Black Container Waste and that do not comply with the color requirements of 14 CCR Section 18982(a)(28) shall be deemed to be Black Containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier. “Black Container Waste” means Solid Waste that is collected in a Black Container that is part of the City’s three-container Organic Waste collection service that prohibits the placement of Organic Waste in the Black Container as specified in 14 CCR Sections 18984.1(a) and (b); or, as otherwise defined in 14 CCR Section 17402(a)(6.5). Notwithstanding the preceding sentence, Black Container Waste includes carpets and textiles. “Brown Container” has the same meaning as in 14 CCR Section 18982(a)(5.5) and shall be used only for the purpose of storage and collection of Source Separated Food Waste. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of Source Separated Food Waste and that do not comply with the color requirements of 14 CCR Section 18982(a)(5.5) shall be deemed to be Brown Containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier. “CalRecycle” means the California Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on the City (and others). “California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant title of the CCR (e.g., “14 CCR” refers to Title 14 of the CCR). “City” means the City of Rancho Cucamonga. “City Manager” means the City Manager of the City or his/her designee. “Collection Agreement” means an agreement approved by the city council pursuant to section 8.17.040 of this Code, authorizing a solid waste enterprise to provide solid waste and recyclables collection services within all or any part of the territory of the city. “Commercial Business” or “Commercial” means a firm, partnership, proprietorship, joint- stock company, corporation, or association, whether for-profit or nonprofit, strip mall, Page 37 Ordinance No. 989 – Page 4 of 26 industrial facility, or a Multi-Family Residential Dwelling; or, as otherwise defined in 14 CCR Section 18982(a)(6). A multi-family residential dwelling that consists of fewer than five (5) dwelling units is not a Commercial Business for purposes of implementing this chapter. “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined herein. For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7). “Community Composting” means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined in 14 CCR Section 18982(a)(8). “Compost” means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal solid waste stream, as specified in 14 CCR Section 17896.2(a)(4). “Container Contamination” or “Contaminated Container” means a container, regardless of color, that contains Prohibited Container Contaminants; or, as otherwise defined in 14 CCR Section 18982(a)(55). “County” means the County of San Bernardino. “C&D” means discarded or used materials removed from construction, remodeling, repair, demolition, or renovation operations on any pavement, house, commercial building, or other structure, or from landscaping; or, as otherwise defined in Section 8.19.020 of this code. “Designee” means an entity that the City contracts with or otherwise arranges to carry out any of the City’s responsibilities of this chapter as authorized in 14 CCR Section 18981.2; or, as otherwise defined in 14 CCR Section 18982(a)(15). A Designee may be a government entity, a hauler, a private entity, or a combination of those entities. “Edible Food” means food intended for human consumption; or, as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the State Retail Food Code. “Enforcement Action" means an action of the City to address non-compliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies; or, as otherwise defined in 14 CCR Section 18982(a)(19). Page 38 Ordinance No. 989 – Page 5 of 26 “Enforcement Official” means the City Manager or the City’s authorized Designee(s) who is/are partially or wholly responsible for enforcing this chapter. “Excluded Waste” means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its Generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the City’s Enforcement Official’s or its Designee’s, reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the City, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the State Public Resources Code. “Food Distributor” means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores; or, as otherwise defined in 14 CCR Section 18982(a)(22). “Food Facility” has the same meaning as in Section 113789 of the State Health and Safety Code. “Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed; or, as otherwise defined in 14 CCR Section 18982(a)(24). “Food Recovery Organization,” unless otherwise defined in 14 CCR Section 18982(a)(25), means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities, including, but not limited to: 1. A food bank as defined in Section 113783 of the State Health and Safety Code; 2. A nonprofit charitable organization as defined in Section 113841 of the State Health and Safety code; and 3. A nonprofit charitable temporary food facility as defined in Section 113842 of the State Health and Safety Code. A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). Page 39 Ordinance No. 989 – Page 6 of 26 “Food Recovery Service” means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery; or, as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). “Food Scraps” means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, grease, and liquids, including, but not limited to broth and beverages, when such materials are Source Separated from other Food Scraps. “Food Service Provider” means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations; or, as otherwise defined in 14 CCR Section 18982(a)(27). “Food-Soiled Paper” means compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons. “Food Waste” means Food Scraps but does not include Food Soiled Paper or Compostable Plastics unless otherwise specified by the City. “Generator” means a person or entity that is responsible for the initial creation of Solid Waste, and with respect to Organic Waste, means a person or entity that is responsible for the initial creation of Organic Waste; or, as otherwise defined in 14 CCR Section 18982(a)(48). “Green Container” has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used only for the purpose of storage and collection of Source Separated Green Container Organic Waste. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of Source Separated Green Container Organic Waste and that do not comply with the color requirements of 14 CCR Section 18982(a)(29) shall be deemed to be Green Containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier. “Grocery Store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments; or, as otherwise defined in 14 CCR Section 18982(a)(30). “Hauler Route” means the designated itinerary or sequence of stops for each segment of the City’s collection service area; or, as otherwise defined in 14 CCR Section 18982(a)(31.5). Page 40 Ordinance No. 989 – Page 7 of 26 “High Diversion Organic Waste Processing Facility” means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the “Mixed Waste Organic Collection Stream” as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33). “Inspection” means a site visit where the City or its Designee reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this chapter; or, as otherwise defined in 14 CCR Section 18982(a)(35). “Landscape Waste” means tree and shrubbery trimmings, vegetation from land clearing, grass cuttings, leaves, garden organic materials, sawdust, straw, wood chips, and other discarded plant or vegetation material. “Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event; or, as otherwise defined in 14 CCR Section 18982(a)(38). “Large Venue,” unless otherwise defined in 14 CCR Section 18982(a)(39), means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. “Local Education Agency” means a school district, charter school, or county office of education that is not subject to the control of the City’s regulations related to Solid Waste; or, as otherwise defined in 14 CCR Section 18982(a)(40). “Multi-Family Residential Dwelling(s)” or “Multi-Family” means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses. Page 41 Ordinance No. 989 – Page 8 of 26 “MWELO” refers to the Model Water Efficient Landscape Ordinance, 23 CCR, Division 2, Chapter 2.7. “Non-Compostable Paper” includes, but is not limited to, paper that is coated in a plastic material that will not breakdown in the composting process; or, as otherwise defined in 14 CCR Section 18982(a)(41). “Non-Local Entity” means the following entities that are not subject to the City’s enforcement authority; or, as otherwise defined in 14 CCR Section 18982(a)(42): 1. Special district(s) located within the jurisdictional boundaries of the City; 2. Federal facilities, including military installations, located within the jurisdictional boundaries of the City; 3. Prison(s) located within the jurisdictional boundaries of the City; 4. Facilities operated by the State park system located within the jurisdictional boundaries of the City; 5. Public universities (including community colleges) located within the jurisdictional boundaries of the City; 6. County fairgrounds located within the jurisdictional boundaries of the City; and 7. State agencies located within the jurisdictional boundaries of the City. “Non-Organic Recyclables” means non-putrescible and non-hazardous recyclable wastes including, but not limited to, bottles, cans, metals, plastics and glass; or, as otherwise defined in 14 CCR Section 18982(a)(43). “Notice of Violation” or “NOV” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties; or, as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4. “Organic Waste” means Solid Waste containing material originated from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges; or, as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a). “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling; or, as otherwise defined in 14 CCR Section 18982(a)(51). Page 42 Ordinance No. 989 – Page 9 of 26 “Printing and Writing Papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications; or, as otherwise defined in 14 CCR Section 18982(a)(54). “Prohibited Container Contaminants,” unless otherwise defined in 14 CCR Section 18982(a)(55), means the following: 1. Discarded materials placed in the Blue Container that are not identified by the City as acceptable Source Separated Recyclable Materials for the Blue Container; 2. Discarded materials placed in the Brown Container that are not identified as acceptable Food Waste for the City’s Brown Container; 3. Discarded materials placed in the Green Container that are not identified by the City as acceptable Source Separated Green Container Organic Waste for the Green Container, including carpet, hazardous wood waste and Non- Compostable Paper; 4. Discarded materials placed in the Black Container that are identified by the City as acceptable Source Separated Recyclable Materials to be placed in the Blue Container or Source Separated Green Container Organic Waste to be placed in the City’s Green Container; and, 5. Excluded Waste placed in any container. “Recovery” means any activity or process described in 14 CCR Section 18983.1(b); or, as otherwise defined in 14 CCR Section 18982(a)(49). “Recycled-Content Paper” means Paper Products and Printing and Writing Papers that consist of at least 30 percent, by fiber weight, postconsumer fiber; or, as otherwise defined in 14 CCR Section 18982(a)(61). “Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption; or, as otherwise defined in 14 CCR Section 18982(a)(64). “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor of the State on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the State Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the State Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants. Page 43 Ordinance No. 989 – Page 10 of 26 “SB 1383 Regulations” means the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of 14 CCR and 27 CCR. “Self-Hauler” means a person or entity, who, in compliance with all applicable requirements of this Code, hauls Solid Waste, Organic Waste or recyclable materials he or she has generated to another person or entity; or, as otherwise defined in 14 CCR Section 18982(a)(66). Self-Hauler also includes a person or entity who Back-Hauls waste. “Single-Family” means of, from, or pertaining to any residential premises with fewer than five (5) units. “Solid Waste” unless otherwise defined in State Public Resources Code Section 40191, means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes: 1. Hazardous waste, as defined in the State Public Resources Code Section 40141; 2. Radioactive waste regulated pursuant to the Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code); and, 3. Medical waste regulated pursuant to the Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code. “Source Separated” means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace; or, as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this chapter, Source Separated shall include separation of materials, at the point of generation, by the Generator, property owner, property owner’s employee, property manager, or property manager’s employee into Page 44 Ordinance No. 989 – Page 11 of 26 different containers for the purpose of collection such that Source Separated materials are separated from Black Container Waste or other Solid Waste for the purposes of collection and processing of those materials. “Source Separated Blue Container Organic Waste” means Source Separated Organic Waste that can be placed in a Blue Container that is limited to the collection of that Organic Waste and Non-Organic Recyclables. Source Separated Blue Container Organic Waste includes Paper Products, Printing and Writing Papers, unless otherwise specified by the City, but excludes Source Separated Green Container Organic Waste and Food Waste. “Source Separated Green Container Organic Waste” means Source Separated Organic Waste that can be placed in a Green Container that is limited to the collection of that Organic Waste; or as otherwise specified in 14 CCR 18984.1 (a) and (b), excluding Source Separated Blue Container Organic Waste, carpets, Non-Compostable Paper, and textiles. For purposes of Single-Family Generators, Source Separated Green Container Organic Waste includes Food Waste. For purposes of Commercial Businesses, including Multi-Family Residential Dwellings, Source Separated Green Container Organic Waste excludes Food Waste. “Source Separated Recyclable Materials” means Source Separated Non-Organic Recyclables and Source Separated Blue Container Organic Waste. “State” means the State of California. “Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items; or, as otherwise defined in 14 CCR Section 18982(a)(71). “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following; or, as otherwise defined in 14 CCR Section 18982(a)(73): 1. Supermarket; 2. Grocery Store with a total facility size equal to or greater than 10,000 square feet; 3. Food Service Provider; 4. Food Distributor; or, 5. Wholesale Food Vendor. Page 45 Ordinance No. 989 – Page 12 of 26 “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following; or, as otherwise defined in 14 CCR Section 18982(a)(73): 1. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet; 2. Hotel with an on-site Food Facility and 200 or more rooms; 3. Health facility with an on-site Food Facility and 100 or more beds; 4. Large Venue; 5. Large Event; 6. A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet; or 7. A Local Education Agency facility with an on-site Food Facility. “Uncontainerized Service” means the seasonal collection of Landscape Waste that is bundled for collection on the street in front of a Generator’s house for collection and transport by a permitted hauler to a facility that recovers Source Separated Organic Waste; or, as otherwise defined in 14 CCR Section 189852(a)(75). “Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination; or, as otherwise defined in 14 CCR Section 189852(a)(76). 8.15.020. Organic Waste Generators, haulers and other entities that are subject to the requirements of SB 1383 and the SB 1383 Regulations and the City’s authority shall fully comply with all applicable requirements of SB 1383, the SB 1383 Regulations, this chapter, and the provisions of any Collection Agreement between the City and a franchised hauler in effect. In the event of a conflict between the provisions of this chapter and other provisions of this Code, the provisions of this chapter shall control. In the event of a conflict between the provisions of the SB 1383 Regulations and the provisions of this chapter, the SB 1383 Regulations shall control. 8.15.030 Requirements for Single-Family Organic Waste Generators Single-Family Organic Waste Generators shall comply with the following requirements, except Single-Family Generators that meet the Self-Hauler requirements of this Code, including Section 8.17.050 and Section 8.15.090: A. Subscribe to the City’s three-container Organic Waste collection service(s) for all Organic Waste generated as described in subsection B. of this section. The City Page 46 Ordinance No. 989 – Page 13 of 26 shall have the right to review the number and size of a Generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and Single-Family Generators shall adjust their service level for their collection services as requested by the City. Nothing in this section prohibits Generators from additionally managing their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, using the City’s Uncontainerized Service, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c). B. Participate in the City’s Organic Waste collection service(s) by placing designated materials in designated containers as described in this subsection, and not placing Prohibited Container Contaminants in collection containers. Generators shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials (which includes Source Separated Non-Organic Recyclables and Source Separated Blue Container Waste) in the Blue Container; and Black Container Waste in the Black Container. Generators shall not place materials designated for the Black Container into the Green Container or Blue Container. 8.15.040 Requirements for Commercial Organic Waste Generators and Commercial Businesses Commercial Organic Waste Generators and Commercial Businesses shall comply with the following requirements: A. Except for Commercial Organic Waste Generators that meet the Self-Hauler requirements of Section 8.17.050 and Section 8.15.090, Commercial Organic Waste Generators, including Multi-Family Residential Dwellings, shall subscribe to the City’s four-container Organic Waste collection service(s) and comply with requirements of those service(s) as described below in subsection B. of this section. The City shall have the right to review the number and size of a Generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and Commercial Businesses shall adjust their service level for their collection services as requested by the City. Nothing in this section prohibits Generators from additionally managing their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c). B. Except for Commercial Organic Waste Generators that meet the Self-Hauler requirements of this Code, Commercial Organic Waste Generators, including Multi-Family Residential Dwellings, shall participate in the City’s Organic Waste collection service(s) by placing designated materials in designated containers as described in this subsection, and not placing Prohibited Container Contaminants in containers. Generators shall place Food Waste in Brown Container; Source Page 47 Ordinance No. 989 – Page 14 of 26 Separated Green Container Organic Waste, which excludes Food Waste, in the Green Container; Source Separated Recyclable Materials (which includes Source Separated Non-Organic Recyclables and Source Separated Blue Container Waste) in the Blue Container; and Black Container Waste in the Black Container. Generators shall not place materials designated for the Black Container into the Brown Container, Green Container, or Blue Container. C. Commercial Organic Waste Generators, except for Multi-Family Residential Dwellings, shall provide containers for the collection of Organic Waste and Non- Organic Recyclables in all indoor and outdoor areas where disposal containers are provided for customers. Such containers shall be visible and easily accessible. Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either: 1. A body or lid that conforms with the container colors provided through the Organic Waste collection service provided by the City. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. 2. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container; or as otherwise provided in 14 CCR Section 18984.8. D. Commercial Organic Waste Generators, including Multi-Family Residential Dwellings, shall supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming to subsections C.1 and C.2 above) for employees, contractors, tenants, and customers, consistent with the City’s collection service and Article 3 of Chapter 12 of Division 7 of Title 14 of the CCR. E. Commercial Organic Waste Generators, except for Multi-Family Residential Dwellings, shall prohibit employees from placing materials in a container not designated for those materials per the City’s Blue Container, Brown Container, Green Container, and Black Container collection service. F. Commercial Organic Waste Generators, except for Multi-Family Residential Dwellings, shall periodically inspect Blue Containers, Brown Containers, Green Containers, and Black Containers for contamination and inform employees if Page 48 Ordinance No. 989 – Page 15 of 26 containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3). G. Commercial Businesses, including Multi-Family Residential Dwellings, shall annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Food Waste, Source Separated Green Container Organic Waste and Source Separated Recyclable Materials. H. Commercial Businesses, including Multi-Family Residential Dwellings, shall provide information as described in subsection G. in this Section before or within fourteen (14) days of occupation of the premises to new tenants. i. Commercial Businesses, including Multi-Family Residential Dwellings, shall provide or arrange access for the City or its agent to their properties during all Inspections conducted in accordance with Section 8.15.130 to confirm compliance with the requirements of this Section. J. If a Commercial Business wants to self-haul, meet the Self-Hauler requirements of this Code, including Section 8.17.050, and Section 8.15.090. K. Commercial Organic Waste Generators, including Multi-Family Residential Dwellings, if generating two (2) cubic yards or more of total Solid Waste per week (or other threshold defined by the State), shall require that any contract or work agreement between the owner, occupant, or operator of the Commercial Business and a gardening, landscaping, or tree trimming service specify that the Organic Waste generated by those services be managed in compliance with Chapter 12, Part 3, Division 30 of the Public Resources Code. L. Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Section 8.15.060. M. Nothing in this Section shall be construed as classifying customers as commercial, residential, single family dwellings, or multi-family dwellings, for purposes of implementing a Collection Agreement between the City and a franchised hauler. 8.15.050. Waivers for Generators The City, at its discretion and in accordance with 14 CCR Section 18984.11, or as otherwise authorized by CalRecycle, may grant one or more of the following types of waivers to a Generator of Organic Waste: A. De Minimis Waivers. The City may waive a Commercial Business’ (including Multi- Family Residential Dwellings) obligations to comply with some or all of the Organic Waste requirements of this chapter if the Commercial Business provides documentation, or the City has evidence demonstrating, that the Commercial Page 49 Ordinance No. 989 – Page 16 of 26 Business generates below a certain amount of Organic Waste material as described below in subsection A.2. Commercial Businesses requesting a de minimis waiver shall: 1. Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in subsection A.2. below. 2. Provide documentation that either: a. The Commercial Business’ total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Blue Container, Brown Container or Green Container comprises less than 20 gallons per week per applicable container of the business’ total waste; or, b. The Commercial Business’ total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Blue Container, Brown Container or Green Container comprises less than 10 gallons per week per applicable container of the business’ total waste. 3. Notify the City if circumstances change such that the Commercial Business’ Organic Waste exceeds the threshold required for waiver, in which case the waiver will be rescinded. In addition, if the City determines at any time that a Commercial Business that has received a waiver is exceeding the Organic Waste thresholds set forth in subsection A.2. above, the City shall rescind the waiver. 4. Provide written verification of eligibility for a de minimis waiver every 5 years, if the City has approved a de minimis waiver. B. Physical Space Waivers. The City may waive a Commercial Business’ (including Multi-Family Residential Dwellings) or property owner’s obligations to comply with some or all of the Organic Waste collection service requirements of this chapter if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of this chapter. Commercial Businesses or property owners requesting a physical space waiver shall: Page 50 Ordinance No. 989 – Page 17 of 26 1. Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver and provide documentation as noted below. 2. Provide documentation that the premises lack adequate space for Blue Containers, Brown, and/or Green Containers including documentation from its hauler, licensed architect, or licensed engineer. 3. Notify the City if circumstances change such that Commercial Business has adequate space for the collection containers required for compliance with the Organic Waste collection requirements of Section 8.15.040, in which case the waiver will be rescinded. In addition, if the City determines at any time that a Commercial Business that has adequate space for the collection containers required for compliance with the Organic Waste collection requirements of Section 8.15.040, the City shall rescind the waiver. 4. Provide written verification to the City that it is still eligible for a physical space waiver every five years, if the City has approved an application for a physical space waiver. D. The Enforcement Official will be responsible for review and approval of waivers. 8.15.060. Requirements for Commercial Edible Food Generators A. Tier One Commercial Edible Food Generators must comply with the requirements of this Section, and Tier Two Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2024, pursuant to 14 CCR Section 18991.3. B. Large Venue or Large Event operators, not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024. C. Commercial Edible Food Generators shall comply with the following requirements: 1. Arrange to recover the maximum amount of Edible Food that would otherwise be disposed. 2. Contract with or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: a. The collection of Edible Food for Food Recovery; or, b. Acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery. Page 51 Ordinance No. 989 – Page 18 of 26 3. Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service. 4. Allow the City’s designated enforcement entity or designated third party enforcement entity to access the premises and review records kept pursuant to 14 CCR Section 18991.4. 5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4: a. A list of each Food Recovery Service or Food Recovery Organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b). b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b). c. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations: 1. The name, address and contact information of the Food Recovery Service or Food Recovery Organization. ii. The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization. iii. The established frequency that food will be collected or self- hauled. iv. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery. D. If the Enforcement Official makes a request, then within 30 days of the request, Tier One Commercial Edible Foods Generators and Tier Two Commercial Edible Food Generators shall provide a Food Recovery report to the City that includes the following information: 1. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b). 2. The quantity of food, measured in annual pounds recovered, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery. 3. The name, address and contact information of the Food Recovery Service or Food Recovery Organization. Page 52 Ordinance No. 989 – Page 19 of 26 4. Any additional information required by the City or the City’s Designee. E. Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State on September 25, 2017, which added Article 13 (commencing with Section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of the State Education Code, and amended Section 114079 of the State Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time.) 8.15.070. Requirements for Food Recovery Organizations and Services A. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1): 1. The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food. 2. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month. 3. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month. 4. The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery. B. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2): 1. The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food. 2. The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month. 3. The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery. C. If the Enforcement Official makes a request, then within 30 days of the request, Food Recovery Organizations and Food Recovery Services that have their primary Page 53 Ordinance No. 989 – Page 20 of 26 address physically located in the City and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the City the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b). D. Food Recovery Organizations and Food Recovery Services shall inform Generators about State and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR Section 18991.3(b). E. Food Recovery Capacity Planning--Food Recovery Services and Food Recovery Organizations. In order to support the City’s cooperation with the County of San Bernardino in its conduct of Edible Food Recovery capacity planning assessments or other studies, Food Recovery Services and Food Recovery Organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the City. 8.15.080. Requirements for Haulers, Facility Operators and Community Composting Operations A. Requirements for Haulers. Haulers providing residential, Commercial, or industrial Organic Waste collection services to Generators within the City’s boundaries shall meet the requirements and standards of 14 CCR, Division 7, Chapter 12 and the following requirements as conditions of approval of contract, agreement, or other authorization to collect Organic Waste: 1. Through written notice to the City, identify the facilities to which they will transport Organic Waste. 2. Comply with the applicable requirements of 14 CCR, Division 7, Chapter 12, Article 3. 3. Transport Organic Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2. Page 54 Ordinance No. 989 – Page 21 of 26 4. Obtain applicable approval of the City pursuant to 14 CCR Section 18988.1 and keep a record of the documentation of its approval by the City. B. Subsection A. of this section is not applicable to a hauler that, consistent with Article 1, Chapter 9, Part 2, Division 30, commencing with Section 41950 of the State Public Resources Code, is transporting Source Separated Organic Waste to a Community Composting site or to a hauler that is lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, chapter 8.19 of this code and other applicable requirements of this Code. C. Requirements for Facility Operators and Community Composting Operations 1. Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon the City’s request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within 60 days, unless a shorter timeframe is otherwise specified by the City. 2. Community Composting operators, upon the City’s request, shall provide information to the City to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. Entities contacted by the City shall respond within 60 days, unless a shorter timeframe is otherwise specified by the City. 8.15.090. Self-Hauler Requirements Notwithstanding any inconsistent provisions of this code and in addition to any other requirements for Self-Haulers as contained in this Code, including the requirements in Section 8.17.050 of this Code, not inconsistent with the requirements of this Article, the following requirements shall apply to Self-Haulers: A. Self-Haulers of Organic Waste shall comply with the requirements in 14 CCR Section 18988.3. B. Self-Haulers shall Source Separate all recyclable materials and Organic Waste (materials that the City otherwise requires Organic Waste Generators to separate for collection in the City’s organics and recycling collection program) generated on- site from Solid Waste in a manner consistent with 14 CCR Section 18984.1, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3 that is approved by the City. C. Not less than every seven (7) days utilizing their own equipment and labor, Self- Haulers shall haul their Source Separated Recyclable Materials to a facility that Page 55 Ordinance No. 989 – Page 22 of 26 recovers those materials and is approved by the City; and haul their Source Separated Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste and is approved by the City. Alternatively, Self-Haulers may haul Organic Waste, not less than every seven (7) days utilizing their own equipment and labor, to a High Diversion Organic Waste Processing Facility that is approved by the City. D. In addition to any information required to be reported by Section 8.17.050, Self- Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste that includes the information in subsection D.1 -.3. This record shall be subject to Inspection by the City, shall be provided to the City upon request and shall be included in the self-hauler report required under Section 8.17.050. 1. Delivery receipts and weight tickets from the entity accepting the waste. 2. The amount of material in cubic yards or tons transported by the Generator to each entity. 3. If the material is transported to a Community Composting site that does not have scales on-site, the Self-Hauler is not required to record the weight of material but shall keep a record of the entity that received the Organic Waste. E. A Single-Family Organic Waste Generator that self-hauls Organic Waste is not required to record or report information in subsection D. of this section. F. Self-haulers shall obtain a self-haul permit pursuant to Section 8.17.050 from the City or its Designee for self-hauling Organic Waste and recyclable materials and pay any applicable fees prior to commencing self-haul activities. 8.15.100 Compliance with CALGreen Recycling Requirements A. In addition to the Construction and Demolition Diversion requirements in 8.19 and any other requirements of this code, the following requirements also apply: 1. For projects covered by the California Green Building Standards Code, 24 CCR, Part 11, the applicants must, as a condition of the City’s permit approval, comply with the following: a. Where five (5) or more Multi-Family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of Blue Container, Brown Container and Green Container materials, consistent with the collection program offered by the City, or comply with provision of adequate space for recycling Page 56 Ordinance No. 989 – Page 23 of 26 for Multi-Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended July 1, 2019 and effective January 1, 2020. b. Where new commercial construction or additions of more than 30% of the existing floor area occur, provide readily accessible areas identified for the storage and collection of Blue Container, Brown Container and Green Container materials, consistent with the collection program offered by the City, or shall comply with provision of adequate space for recycling for Multi-Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended July 1, 2019 and effective January 1, 2020. B. For Organic Waste commingled with C&D, the requirements of 24 CCR Sections 4.408.1 and 5.408.1, as amended July 1, 2019 and effective January 1, 2020 shall be complied with. 8.15.110. Model Water Efficient Landscaping Ordinance Requirements In addition to any other requirements of this code, property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the City, who are constructing a new (Single- Family, Multi-Family, public, institutional, or Commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO, including sections related to use of Compost and mulch, as amended September 15, 2015. 8.15.120. Procurement Requirements for Direct Service Providers and Vendors Direct service providers to the City and all vendors providing Paper Products and Printing and Writing Papers shall comply with the City’s policy regarding recovered Organic Waste product procurement, including Recycled-Content Paper procurement. 8.15.130. Inspections and Investigations by the City A. City representatives and/or its designated entity, including Designees, are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from Generators, or Source Separated materials to confirm compliance with this chapter by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. Page 57 Ordinance No. 989 – Page 24 of 26 This Section does not allow the City, its Designees or agents to enter the interior of a private residential property for inspection. For the purposes of inspecting Commercial Business containers for compliance with this chapter, the City may conduct container Inspections for Prohibited Container Contaminants. B. A regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the City representative and/or its designated entity, including Designee, during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for: (1) access to an entity’s premises; or (2) access to records for any Inspection or investigation is a violation of this chapter and may result in penalties described herein. C. Any records obtained by the City during its Inspections, and other investigations or reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in State Government Code Section 6250 et seq. D. The City’s representatives, its Designees and agents are authorized to conduct any Inspections, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws. E. The City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints in accordance with by 14 CCR Section 18995.3. 8.15.140. Enforcement A. Violation of any provision of this chapter that occurs on or after January 1, 2024 shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by the Enforcement Official in accordance with 14 CCR Section 18995.4. Enforcement Actions under this chapter are issuance of an administrative citation and assessment of a fine. The City’s procedures on imposition of administrative fines set forth in Chapter 1.12 of this Code are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this chapter. Other remedies allowed by law may be used, including civil action or prosecution as a misdemeanor or infraction. The City may pursue civil actions in the State courts to seek recovery of unpaid administrative citations. The City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of City staff and resources. Page 58 Ordinance No. 989 – Page 25 of 26 B. The provisions of subsection A. do not apply to violations related to a Generator placing Prohibited Container Contaminants in containers, which the Enforcement Official and/or the City’s Designee shall enforce through the notice provisions of 14 CCR Section 18984.5(b), Section 8.17.150 of this code and the contamination processing fees pursuant to the provisions of the applicable Collection Agreement between the City and a franchised hauler. C. Enforcement pursuant to this chapter may be undertaken by the Enforcement Official. D. With the exception of violations of Generator contamination of container contents addressed under subsection B., the Enforcement Official shall issue a Notice of Violation requiring compliance within 60 days of issuance of the notice. Absent compliance by the respondent within the deadline set forth in the Notice of Violation, Enforcement Official shall commence an action to impose penalties consistent with the procedures and requirements of Chapter 1.12. E. Penalty Amounts for Types of Violations. For the purposes of this chapter, the penalty levels for violations of the provisions of this chapter are as follows: (1) For a first violation, the penalty shall be $100 per violation. (2) For a second violation, the penalty shall be $200 per violation. (3) For a third or subsequent violation, the penalty shall be $500 per violation. F. Compliance Deadline Extension Considerations. The City may extend the compliance deadlines set forth in a Notice of Violation if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following: (1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters; (2) Delays in obtaining discretionary permits or other government agency approvals; or, (3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the City is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.” SECTION 2. CEQA. The City Council finds that this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Sections 15061(b)(3) and 15308 on the grounds that it can be seen with certainty that the enhanced solid waste regulations, as provided for in this Ordinance will not have a significant effect on the environment and that the new requirements, which strengthen Page 59 Ordinance No. 989 – Page 26 of 26 requirements for the handling of solid waste, represent actions by a regulatory agency (the City) for the protection of the environment. SECTION 3. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect and be in force thirty (30) days after its passage. SECTION 5. PUBLICATION. The City Clerk shall certify to the adoption of this Ordinance and shall post or publish this Ordinance as required by law. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Rancho Cucamonga this ____ day of ______________, 2021. Page 60 DATE:December 1, 2021 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Vincent Acuna, Associate Planner SUBJECT:Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. 990 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT DRC2016-00730, A REQUEST TO CHANGE THE ZONING DESIGNATION FOR A 6.96 ACRE SITE WITHIN THE ETIWANDA SPECIFIC PLAN FROM ESTATE RESIDENTIAL (ER) TO VERY LOW (VL) RESIDENTIAL FOR A SITE LOCATED ON 12774 BANYAN AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF – APN: 0225-111-07 RECOMMENDATION: Staff recommends the City Council waive full reading and adopt Ordinance No. 990. BACKGROUND: The introduction and first reading of the above-entitled Ordinance was conducted at the Regular Council meeting of November 17, 2021. Votes at first reading: AYES: Scott, Hutchison, Kennedy, Michael, Spagnolo. ABSENT: None ANALYSIS: Please refer to the November 17, 2021 City Council Staff Report. FISCAL IMPACT: Please refer to the November 17, 2021 City Council Staff Report. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: Please refer to the November 17, 2021 City Council Staff Report. ATTACHMENTS: Attachment 1 – Ordinance No. 990 Page 61 Ordinance No. 990 - Page 1 of 82 ORDINANCE NO. 990 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT DRC2016-00730, A REQUEST TO CHANGE THE ZONING DESIGNATION FOR A 6.96 ACRE SITE WITHIN THE ETIWANDA SPECIFIC PLAN FROM ESTATE RESIDENTIAL (ER) TO VERY LOW (VL) RESIDENTIAL FOR A SITE LOCATED ON 12774 BANYAN AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF – APN: 0225-111-07 A.Recitals. 1.EGL Associates, Inc. filed an application for the approval of Specific Plan Amendment DRC2016-00730 as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Etiwanda Specific Plan Amendment request is referred to as "the application." 2.On the 18th day of September 2021, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing with respect to the above referenced Specific Plan Amendment and, following the conclusion thereof, adopted its Resolution No. 21-48, recommending that the City Council of the City of Rancho Cucamonga adopt said Specific Plan Amendment. 3.On the 17th day of November 2021, the City Council of the City of Rancho Cucamonga conducted a noticed public hearing on the application and concluded said hearing on that date. 4.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 November 17, 2021, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a.The application applies to a property located on 12774 Banyan Street in the Very Low (VL) Zoning District of the Etiwanda Specific Plan; and b.To the north are single-family residences within the Estate Residential (ER) Zoning District of the Etiwanda Specific Plan; to the south are single-family residences within the Very Low (VL) Zoning District of the Etiwanda Specific Plan; to the west is a vacant property within the Estate Residential (ER) Zoning District of the Etiwanda Specific Plan; and to the east is a preschool within the School (S) Zoning District of the Etiwanda Specific Plan; and c.The General Plan land use designation for the project site is Very Low (VL) Residential and the Etiwanda Specific Plan zoning designation for the project site is Estate Residential (ER); and Attachment 1 Page 62 Ordinance No. 990 - Page 2 of 5 d.EGL Associates, Inc. submitted an application for the subdivision of a vacant 6.96- acre site into 9 lots (Tentative Tract Map SUBTT18012-1). All 9 lots are for the future development of 9 single-family residences: and e.The application includes Specific Plan Amendment to change the project site’s zoning designation from Estate Residential (ER) to Very Low (VL) Residential for the 9 residential lots. The project also includes Tree Removal Permit DRC2018 to remove up to 157 Heritage Trees. House product for the lots is not a part of the project scope and will be submitted at a later date; and f.The site is currently zoned Estate Residential (ER) and is within the Etiwanda Specific Plan. The applicant has requested to change the zoning designation to Very Low (VL) Residential, which will enable the subdivision of the project site in a manner which is consistent in design and density with all other existing residential development along the north and south side of Banyan Street, between Bluegrass Avenue and Etiwanda Avenue; and g.The proposed lots comply with the 90-foot lot width and 200-foot lot depth requirements of the Etiwanda Specific Plan for the Very Low (VL) Zoning District. The subdivision has an average lot size of 26,914 square feet, which exceeds the required 25,000 square foot average lot size. SECTION 3: Based upon the substantial evidence presented to this Council during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a.That proposed Etiwanda Specific Plan amendment does not conflict with the Land Use Policies of the General Plan and will provide for the development, within the district, in a manner consistent with the General Plan and with related development. As a Land Use Policy, the General Plan states that new development should be accommodated in a manner that integrates it into the physical structure of the City, is a logical extension of existing infrastructure improvements and there are adequate public services available to serve the development. The proposed Specific Plan Amendment will implement the Land Use Policies outlined above and will not be inconsistent with the density or quality of existing development within the Etiwanda Specific Plan area and the City. b.The proposed Etiwanda Specific Plan amendment does promote the goals and objectives of the Etiwanda Specific Plan which in turn are consistent with and implement the goals and objectives of the General Plan. These goals include promoting the economical and efficient use of land, promoting design and construction techniques that are responsive to the environment, and promoting development compatible with the surrounding neighborhood. The proposed zoning amendment will result in development that is consistent with these goals and objectives and will be indistinguishable in overall quality and design from existing development in the surrounding area. c.The proposed Etiwanda Specific Plan amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. The proposed Specific Plan Amendment will enable development on the subject property to be consistent with all other residential development along Banyan Street. The lots will be of similar size to the surrounding development. The minor increase in density will not increase traffic in a manner that is beyond what the roads were designed to accommodate or overwhelm the existing public facilities in the surrounding area. Page 63 Ordinance No. 990 - Page 3 of 5 d.The proposed amendment is in conformance with the General Plan. The General Plan states that the Very Low (VL) land use designation is characterized by detached, very low density single-family residential units on 0.5-acre lots or larger, with private yards and private parking with a density range of 0.10 to 2 dwelling units per acre. The related subdivision (SUBTT18012-1) for the project site has a proposed density of 1.29 dwelling units per acre. The proposed Specific Plan Amendment will be fully compliant with the General Plan; and e.The proposed amendment is consistent with the objectives of the Etiwanda Specific Plan. The project site is being subdivided for the development of single-family residences with a density of 1.29 dwelling units per acre and an average lot size of 26,914, in excess of the required 25,000 square foot average lot size. The lots will be of similar size to the existing residential lots to the south and east, and will become an integral part of the surrounding area. SECTION 4: Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a.Pursuant to the California Environmental Quality Act (“CEQA”) and the City’s local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b.The City Council has reviewed the Mitigated Negative Declaration and the comments received from the Cucamonga Valley Water District (CVWD) regarding the Mitigated Negative Declaration and based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. During the Public Comment Period, staff received comments from the CVWD regarding requesting a minor textual correction in the percentage of groundwater provided by CVWD to the City, from 35% to 45%. This correction has been incorporated into the Mitigated Negative Declaration. The City Council further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. Based on these findings, the City Council hereby adopts the Mitigated Negative Declaration; and c.The City Council has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The City Council therefore adopts the Mitigation Monitoring Program for the project; and d.The custodian of records for the Initial Study, Mitigated Negative Declaration and all other materials which constitute the record of proceedings upon which the Planning Commission’s recommendation is based is the Planning Director of the City of Rancho Cucamonga. Page 64 Ordinance No. 990 - Page 4 of 5 Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. SECTION 5: The Etiwanda Specific Plan is hereby amended to change the project site land use district from Estate Residential (ER) Residential to Very Low (VL) Residential, in words and figures, as shown in Attachment A. 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 the same 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. Page 65 Ordinance No. 990 - Page 5 of 5 PASSED, APPROVED, AND ADOPTED this 17th day of November, 2021. BY: L. Dennis Michael, Mayor I, JANICE REYNOLDS, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 17th day of November, 2021, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 2021, by the following vote: AYES: NOES: ABSENT: ABSTAINED: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: ATTEST: City Clerk of the City of Rancho Cucamonga Page 66 NEW ETIWANDA SPECIFIC PLAN DESIGNATION WITH THE APPROVAL OF SPECIFIC PLAN AMENDMENT DRC2016-00730 ATTACHMENT A Page 67 BACKGROU ND City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II 1.Project File: Tentative Tract Map No. 18012 (SUBTT18012-1) 2.Related Files: Tree Removal Permit (DRC2018-00898) and Specific Plan Amendment (DRC2016- 00730) 3.Description of Project: A request to subdivide an approximately 6.96-acre vacant parcel for the construction of 9 single-family residences within the Estate Residential (ER) district, Etiwanda Specific Plan, located at 12774 Banyan Street. Also included is a request for the removal of trees within the project site, and a specific plan amendment to change the zoning district of the subject site from Estate Residential (ER) to Very Low Residential (VL) within the Etiwanda Specific Plan. The project site is within the Equestrian Overlay. APN: 0225-111-07. 5.General Plan Designation: Very Low Residential (VLR) 6.Zoning: Currently Estate Residential (ER) district, Etiwanda Specific Plan 7.Surrounding Land Uses and Setting: The project site is comprised of a vacant parcel approximately 6.96 acres in size, located on the north side of Banyan Street, east of Etiwanda Avenue. Limited street improvements including a curb and gutter are present along the project site’s frontage along Banyan Street. The property slopes down from north to south, from about 751 feet to 717 feet. The site is bound to the west by a school (Frost Early Education Center,) and to the east is a vacant, rectangular-shaped parcel, both of which are zoned Estate Residential (ER), Etiwanda Specific Plan. The properties to the north comprise of vacant and undeveloped single-family lots zoned Estate Residential (ER), Etiwanda Specific Plan. The properties to the south (across Banyan) comprise of vacant land and a single-family residential tract within the Very Low Residential (VL) district, Etiwanda Specific Plan. The project site and surrounding properties discussed above are within the Equestrian Overlay. Page 68 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 2 8.Location Map Page 69 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 3 9.Project Plans Page 70 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 4 10.Lead Agency Name and Address: City of Rancho Cucamonga Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 11.Contact Person and Phone Number: Vincent Acuna Associate Planner (909) 774-4323 vincent.acuna@cityofrc.us ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," as indicated by the checklist on the following pages. ( ) Aesthetics ( ) Biological Resources ( ) Greenhouse Gas Emissions ( ) Land Use & Planning ( ) Population & Housing ( ) Transportation/Traffic ( ) Mandatory Findings of Significance ( ) Agricultural Resources ( ) Cultural Resources ( ) Hazards & Waste Materials ( ) Mineral Resources ( ) Public Services ( ) Tribal Cultural Resources ( ) Air Quality ( ) Geology & Soils ( ) Hydrology & Water Quality ( ) Noise ( ) Recreation ( ) Utilities & Service Systems DETERMINATION On the basis of this initial evaluation: ( ) I find that the proposed project COULD NOT have a significant effect on the environment. A NEGATIVE DECLARATION will be prepared. (X)I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by, or agreed to, by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ( ) I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ( ) I find that the proposed project MAY have a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standard and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ( ) I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects 1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Page 71 City of Rancho Cucamonga Page 5 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) Date:08 /04. /2.<fZJ Date: 0 8z. ol--\. 2-02...( MITIGATION MEASURES INCORPOPRATED INTO THE PROJECT TO AVOID SIGNIFICANT EFFECTS Air Quality 1.All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 2.Prior to the issuance of any grading permits, the developer shall submit Construction Plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning staff. 3.The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 4.The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use 5.All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 6.All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low pressure spray. 7.All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: •Reestablish ground cover on the construction site through seeding and watering. •Pave or apply gravel to any on-site haul roads. •Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. •Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. •Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. •Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. •Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) in Page 72 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 6 accordance with SCAQMD Rule 403 requirements. 8.The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce Particulate Matter (PM10) emissions, in accordance with SCAQMD Rule 403. 9.Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. 10.Landscape with native and/or drought-resistant species to reduce water consumption and to provide passive solar benefits. 11.All residential and commercial structures shall be required to incorporate high-efficiency/low- polluting heating, air conditioning, appliances, and water heaters. 12.All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. 13.Projects shall be designed in accordance with the applicable California Green Building Standards (CALGreen) Code (24 CCR 11). 14.All new development in the City of Rancho Cucamonga shall comply with South Coast Air Quality Management District’s Rule 445, Wood Burning Devices. Rule 445 was adopted in March 2008 to reduce emissions of PM2.5 and precludes the installation of indoor or outdoor wood burning devices (i.e. fireplaces/hearths) in new development on or after March 9, 2009. Biological Resources 1.The proposed action should not occur during the migratory bird nesting season (Feb 1 - Aug 31). In the event construction must occur during the nesting bird season, a qualified biologist should conduct a nesting bird survey no more than ten (10) days before the start of construction. If the biologist determines that there are active nests, appropriate buffers will be established for each nest and no work will occur inside the buffer of an active nest until the fledglings are no longer dependent on the nest or until the biologist otherwise determines the nest is inactive. In the event this mitigation measure is implemented, it is expected that site development would not result in "take" of nesting migratory birds. 2.Perform a Burrowing Owl Survey that is in conformance with the Department of Fish and Wildlife Staff Report on Burrowing Owl Mitigation and submit the written report outlining the findings to the California Department of Fish and Wildlife (CDFW) and the Planning Department within 30 days of groundbreaking activity. The Burrowing Owl Survey shall follow the following protocol: a.Burrowing Own Survey methodology shall be based on Appendix D (Breeding and non- breeding season surveys and reports) of the CDFW Staff Report. Results of the pre- construction survey shall be provided to CDFW and the City. If the pre-construction survey does not identify burrowing on the project site, then no further mitigation is required. If burrowing owls are found to be utilizing the project site during the pre-construction survey, measures shall be developed by the qualified biologist in coordination with the CDFW to avoid impacting occupied burrows during the nesting period. These measures shall be based on the most current CDFW protocols and will at minimum include establishment of buffer setbacks from occupied burrows and owl monitoring. If ground-disturbing actives are delayed or suspended for more than 30 days after the pre-construction survey, the site shall be resurveyed for owls. b.During the non-breeding season from September 1 through January 31, if burrows are Page 73 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 7 occupied by migratory and non-migratory resident burrowing owls during a pre- construction survey, burrow exclusion and/or closure may be used to exclude owls from those burrows. Burrow exclusion and/or closure should only be conducted by a qualified wildlife biologist in coordination with CDFW using the most current CDFW guidelines. c.During the avian nesting season from February 1 through August 31, if nests are discovered, they shall be avoided through the establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary “no construction” area would have to be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in that area may resume. 3.A biological construction monitor (BCM) shall be present during the days when initial ground clearing, best maintenance practice (BMP) installation and vegetation removal activities are occurring. The BCM will be observe the activities and watch for special status reptiles such as the Coast horned lizard ((Phrynosoma blainvillii) and Coastal whiptail (Aspidoscelis tigris stejnegeri), and if detected will relocate them out of harm’s way. Cultural Resources 1.If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. Pursue educating the public about the archaeological heritage of the area. Prepare a mitigation plan consistent with Section 21083.2 Archeological resources of CEQA to eliminate adverse project effects on significant, important, and unique prehistoric resources, including but not limited to, avoiding archeological sites, capping or covering site with soil, planning the site as a park or green space or paying an in-kind mitigation fee. Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report, with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. 2.In the event that cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease and a qualified archaeologist meeting Secretary of Interior standards shall be hired to assess the find. Work on the other portions of the project outside of the buffered area may continue during this assessment period. Additionally, the San Manuel Band of Mission Indians Cultural Resources Department (SMBMI) shall be contacted regarding any pre-contact and/or post-contact finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the find, so as to provide Tribal input with regards to significance and treatment. 3.If significant pre-contact and/or post-contact cultural resources, as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to SMBMI for review and Page 74 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 8 comment, as detailed within TCR-1. The archaeologist shall monitor the remainder of the project and implement the Plan accordingly. 4.If human remains or funerary objects are encountered during any activities associated with the project, work in the immediate vicinity (within a 100-foot buffer of the find) shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that code enforced for the duration of the project. 5.If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy to the report to San Bernardino County Museum. Geology and Soils 1.The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2.Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon the time of year of construction. 3.Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. 4.Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. Greenhouse Gas Emissions 1.The project must comply with all rules that assist in reducing short-term air pollutant emission in compliance with SCAQMD Rule 403 regarding fugitive dust including treating the site with water or other soil-stabilizing agent twice daily or replanting disturbed areas as quickly as possible. 2.The construction contractor shall select construction equipment based on low-emission factors and high energy efficiency and submit a statement on the grading plan that ensures all construction equipment will be tuned and maintained in accordance with the manufactures’ specification. Page 75 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 9 3.Trucks shall not idle continuously for more than 5 minutes. 4.Alternative fuel powered equipment shall be utilized in lieu of gasoline- or diesel-powered engines where feasible. 5.Construction should be timed so as not to interfere with peak-hour traffic. 6.Ridesharing and transit incentives shall be supported and encouraged for construction crew. 7.Construction and Building materials shall be produced and/or manufactured locally, as feasible. Use “Green Building Materials” such as materials that are resource efficient, recycled, and manufactured in an environmentally friendly way including low-volatile-organic-compound (VOC) materials. 8.Design all buildings to exceed California Building Code Title 24 energy standard including but not limited to any combination of: Increased insulation. Limit air leakage through the structure. Incorporate Energy Star or better rated windows, space heating and cooling equipment, light fixtures, and appliances. Landscape and develop site utilizing shade, prevailing winds and landscaping. Install efficient lighting and lighting control systems. Install light colored “cool” roofs and cool pavements. Install solar or light emitting diodes (LED’s) for outdoor lighting. 9.Prepare a comprehensive water conservation strategy appropriate for the project and include the following: Install water efficient landscapes and irrigation systems and devices in compliance with the City of Rancho Cucamonga Water Efficient Landscape Ordinance. Use reclaimed water for landscaping within the project if available or as required by the Cucamonga Valley Water District (CVWD). Design building to be water efficient by installing water efficient fixtures and appliances including low flow faucets, dual flush toilets and waterless urinals/water heaters. Design irrigation to control runoff and to remove water to non-vegetated surfaces. 10.Reuse and recycle construction and demolition waste. Provide interior and exterior storage areas for recyclables and green waste in public areas. Educate employees about reducing waste and about recycling. Page 76 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 10 Hydrology and Water Quality 1.Prior to issuance of grading permits, the permit applicant shall submit to Building Official for approval, a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2.An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in Southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on- site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3.During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4.During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. 5.Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. 6.Prior to issuance of building permits, the applicant shall submit to the City Building Official for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 7.Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. 8.The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by (name/date) to reduce construction pollutants from entering the storm drain system to the maximum extent practical. Noise 1.Prior to the issuance of any grading plans a construction-related noise mitigation plan shall be submitted to the City for review and approval. The Plan shall depict the location of the construction equipment and how the noise from this equipment would be mitigated during construction. Page 77 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 11 2.Consistent with the hours described in Section 17.66.050.D.4 of the RCMC, construction times shall be limited between the hours of 7:00 AM and 8:00 PM on weekdays and Saturdays. No construction activity shall be permitted on Sundays and national holidays. 3.Construction activities shall be scheduled to avoid operating several pieces of equipment simultaneously, to the maximum extent feasible. 4.Contractor shall provide stating areas on-site to minimize off-site transportation of heavy construction equipment. These areas must be located to maximize the distance between activity and sensitive receptors. 5.Construction vehicles shall not park, queue and/or idle at the project site or along the adjoining public rights-of-way prior to the construction hours. 6.Electrical power shall be used to run air compressors and similar power tools and to power any temporary structures, such as construction trailers. 7.Temporary noise barriers with a minimum height of 10 feet, would be placed along the northern, eastern, and southern boundaries. To be effective the barriers must break the line-of-sight between on-site construction activities and off-site receivers to the north, east, and south throughout the duration of site preparation and grading activities. The noise barrier should be constructed of material with a minimum weight of 2 pounds per square foot with no gaps or perforations. Noise barriers may be constructed of, but are not limited to, 5/8 inch plywood, 5/8 inch oriented strand board, or hay bales. 8.Implement a permanent solid wall with a height of a least six feet, or sufficient to break the line of site, along the southern project site boundary capable of reducing traffic noise from Banyan Street by at least 4.5 dBA. 9.The perimeter block wall shall be constructed as early as possible in first phase. Public Services 1. The developer shall pay the current residential school facility fee plus the Etiwanda School District special tax. Tribal Cultural Resources 1.The project Applicant will be required to obtain the services of a qualified Native American Monitor(s) during construction-related ground disturbance activities. Ground disturbance is defined by the Tribal Representatives from the Gabrieleño Band of Mission Indians-Kizh Nation as activities that include, but are not limited to, pavement removal, pot-holing or auguring, grubbing, weed abatement, boring, grading, excavation, drilling, and trenching, within the project area. The monitor(s) must be approved by the Tribal Representatives and will be present on-site during the construction phases that involve any ground disturbing activities. The Native American Monitor(s) will complete monitoring logs on a daily basis. The logs will provide descriptions of the daily activities, including construction activities, locations, soil, and any cultural materials identified. The monitor(s) shall possess Hazardous Waste Operations and Emergency Response (HAZWOPER) certification. In addition, the monitor(s) will be required to provide insurance certificates, including liability insurance, for any archaeological resource(s) encountered during grading and excavation activities pertinent to the provisions outlined in the California Environmental Quality Act, California Public Resources Code Division 13, Section 21083.2 (a) through (k). The on-site monitoring shall end when the project site grading and excavation activities are completed, or when the Tribal Representatives and monitor have indicated that the site has a low potential for archeological resources. Page 78 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 12 2.The San Manuel Band of Mission Indians Cultural Resources Department (SMBMI) and shall be contacted, of any pre-contact and/or post-contact cultural resources discovered during project implementation, and be provided information regarding the nature of the find, so as to provide Tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by CEQA (as amended, 2015), a cultural resources Monitoring and Treatment Plan shall be created by the archaeologist, in coordination with SMBMI, and all subsequent finds shall be subject to this Plan. This Plan shall allow for a monitor to be present that represents SMBMI for the remainder of the project, should SMBMI elect to place a monitor on-site. 3.Any and all archaeological/cultural documents created as a part of the project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the applicant and Lead Agency for dissemination to SMBMI. The Lead Agency and/or applicant shall, in good faith, consult with SMBMI throughout the life of the project. GLOSSARY AND ABBREVIATIONS AB Assembly Bill APE Area of Potential Effect AQMP Air Quality Management Plan BMPs Best Management Practices CalEEMod California Emissions Estimator Model Caltrans California Department of Transportation CARB California Air Resources Board CDFW California Department of Fish and Wildlife CEQA California Environmental Quality Act CH4 methane CO carbon monoxide CO2 carbon dioxide CO2e carbon dioxide equivalent CO Plan Federal Attainment Plan for Carbon Monoxide CRHR California Register of Historic Places CVWD CWA Cucamonga Valley Water District Clean Water Act DTSC Department of Toxic Substances Control EIC Eastern Information Center EIR Environmental Impact Report EPA U.S. Environmental Protection Agency FEIR Final Environmental Impact Report FEMA Federal Emergency Management Agency FIRM Flood Insurance Rate Map GHG Greenhouse Gas LST Localized Significance Threshold MBTA Migratory Bird Treaty Act MLD Most Likely Descendent MMT Million Metric Tons Page 79 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 13 MND Mitigated Negative Declaration MSHCP Multiple Species Habitat Conservation Plan MTCO2e metric tons of carbon dioxide equivalent NAHC Native American Heritage Commission ND Negative Declaration NPDES National Pollutant Discharge Elimination System N2O nitrous oxide NOx nitrogen oxides NRCS Natural Resources Conservation Service NRHP National Register of Historic Places OHV Off-Highway Vehicle OPR California Office of Planning and Research PM2.5 Particulate Matter Less than 2.5 Microns in Diameter PM10 Particulate Matter Less than 10 Microns in Diameter RCPG Regional Comprehensive Plan and Guide ROG Reactive Organic Gases RTP Regional Transportation Plan RWQCB Regional Water Quality Control Board USACE United States Army Corps of Engineers SCAG Southern California Association of Governments SCAQMD South Coast Air Quality Management District SCS Sustainable Communities Strategy SIP State Implementation Plan SP Service Population SoCAB South Coast Air Basin SR State Route SRA Sensitive Receptor Area SWPPP Storm Water Pollution Prevention Plan Page 80 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 14 THIS PAGE INTENTIONALLY LEFT BLANK Page 81 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 15 Less Than Significant Less Issues and Supporting Information Sources:Potentially Significant With Mitigation Than Significant No Impact Incorporated Impact Impact EVALUATION OF ENVIRONMENTAL IMPACTS 1.AESTHETICS. Would the project: a)Have a substantial adverse effect on a scenic vista?( )( )( )() b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State Scenic Highway? ( )( )( )() c) Substantially degrade the existing visual character or quality of the site and its surroundings? ( )( )()( ) d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? ( )( )()( ) Comments: a)There are no significant vistas within or adjacent to the project site. The site is not within a view corridor according to General Plan Figure LU-6. Therefore, no impact is anticipated. b)The project site contains no scenic resources and no historic buildings within a State Scenic Highway. There are no State Scenic Highways within the City of Rancho Cucamonga. Therefore, no impact is anticipated. c)The site is located on the north side of Banyan Street, east of Etiwanda Avenue and is characterized by single-family residential development as well as vacant land zoned for single-family residential development to the south, east, and north. To the west is a school. The visual quality of the area will not degrade as a result of this project because the project is similar in development type, aesthetics, and massing as the surrounding built environment. Design review is required prior to approval. City standards require the developer to underground existing and new utility lines and facilities to minimize unsightly appearance of overhead utility lines and utility enclosures in accordance with Planning Commission Resolution No. 87-96, unless exempted by said Resolution. Therefore, a less than significant impact would occur. d)The project would increase the number of streetlights and security lighting used in the immediate vicinity. The design and placement of light fixtures will be shown on site plans which require review for consistency with City standards that require shielding, diffusing, or indirect lighting to avoid glare. Lighting will be selected and located to confine the area of illumination to within the project site. Therefore, a less than significant impact would occur. 2.AGRICULTURAL RESOURCES. Would the project: a)Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? ( )( )()( ) b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? ( )( )( )() Page 82 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 16 Issues and Supporting Information Sources:Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact c) Conflict with existing zoning for, or cause re-zoning of, forest land (as defined in Public Resources Code section 12220 (g), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104 (g))? ( )( )( )() d) Result in the loss of forest land or conversion of forest land to non-forest use? ( )( )( )() e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? ( )( )( )() Comments: a)The site is designated as Prime Farmlands, Unique Farmland, or Farmland of Statewide Importance. The site is located on the north side of Banyan Street, east of Etiwanda Avenue and is characterized by single-family residential development as well as vacant land zoned for single-family residential development to the south, east, and north. To the west is a school. There are approximately 209 acres of Farmland of Local Importance, Prime Farmland, Unique Farmland, or Farmland of Statewide Importance within the City of Rancho Cucamonga according to the General Plan and the California Department of Conservation Farmland Map 2010. Concentrations of Important Farmland are sparsely located in the southern and eastern parts of the City that is characterized by existing and planned development. Farmland in the southern portion of the City is characterized by industrial, residential, and commercial land uses and Farmland in the eastern portion of the City is within the Etiwanda area and planned for development. Further, a large number of the designated farmland parcels are small, ranging from 3 acres to 30 acres, and their economic viability is doubtful; therefore, they are not intended to be retained as farmland in the General Plan Land Use Plan. The General Plan FPEIR identified the conversion of farmlands to urban uses as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. he proposed project is consistent with the General Plan for which the FPEIR was prepared and impacts evaluated. Therefore, no impact is anticipated. b)There is no agriculturally zoned land within the City of Rancho Cucamonga. There are no Williamson Act contracts within the City. Therefore, no impact is anticipated. c)There are no lands within the City of Rancho Cucamonga that is zoned as forest land or timberland. Therefore, no impacts would occur related to the conversion of forest land to non-forest use. Further, there are no areas within the City of Rancho Cucamonga that are zoned as forest land, timberland, or Timberland Production. Therefore, no impact is anticipated. d)There are no lands within the City of Rancho Cucamonga that qualify as forest land or timberland. Therefore, no impacts would occur related of the loss or conversion of forest land to non-forest use. Further, there are no areas within the City of Rancho Cucamonga that are zoned as forest land, timberland, or Timberland Production. Therefore, no impact is anticipated. Page 83 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 17 Issues and Supporting Information Sources:Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact e)The site is located on the north side of Banyan Street, east of Etiwanda Avenue and is characterized by single-family residential development as well as vacant land zoned for single-family residential development to the south, east, and north. To the west is a school. The nearest agricultural use is more than 500 feet east from the project site. Furthermore, there are no lands within the City of Rancho Cucamonga that qualify as forest land. Therefore, there is no potential for conversion of forest land to a non-forest use. Therefore, no impact is anticipated. 3.AIR QUALITY. Would the project: a)Conflict with or obstruct implementation of the applicable air quality plan? ( )( )( )() b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? ( )( )()( ) c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable Federal or State ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors? ( )( )()( ) d) Expose sensitive receptors to substantial pollutant concentrations? ( )( )()( ) e) Create objectionable odors affecting a substantial number of people? ( )( )( )() Comments: a)As discussed in subsection b, the project would not exceed any air quality standards and would not interfere with the region’s ability to comply with Federal and State air quality standards for Criterion 1 Increase in the Frequency or Severity of Violations (local air quality impacts) or Criterion 2 Exceed Assumptions in the AQMP (consistency with the 2019 AQMP). Therefore, the project is consistent with the 2019 AQMP, and no impacts are anticipated. b)Both the State of California and the Federal government have established health-based ambient air quality standards (AAQS) for seven air pollutants. These pollutants include ozone (O3), carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SO2), coarse particulate matter with a diameter or 10 microns or less (PM10), fine particulate matter less than 2.5 (PM2.5) microns in diameter and lead. Among these pollutants, ozone and particulate matter (PM10 and PM2.5) are considered regional pollutants while the others have more localized effects. In addition, the State of California has set standards for sulfates, hydrogen sulfide (H2S), vinyl chloride and visibility reducing particles. These standards are designed to protect the health and welfare of the populace with a reasonable margin of safety. The City of Rancho Cucamonga area is within the South Coast Air Basin, which is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The California Clean Air Act (CCAA) provides the SCAQMD with the authority to manage Page 84 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 18 Issues and Supporting Information Sources:Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact transportation activities at indirect sources. Indirect sources of pollution are generated when minor sources collectively emit a substantial amount of pollution. Examples of this include motor vehicles at an intersection, a mall and on highways. SCAQMD also regulates stationary sources of pollution within a jurisdictional area. Direct emissions from motor vehicles are regulated by the Air Resources Board (ARB). The combination of topography, low mixing height, abundant sunshine, and emissions from the second largest urban area in the United States gives the Basin the worst air pollution problem in the nation. The Basin experiences a persistent temperature inversion (increasing temperature with increasing altitude); this inversion (coupled with low wind speeds) limits the vertical dispersion of air contaminants, holding them relatively near the ground. Pursuant to the Federal Clean Air Act (FCAA) of 1970, the EPA established national ambient air quality standards (NAAQS) for six major pollutants, termed criteria pollutants: ozone (O3), coarse particulate matter with a diameter or 10 microns or less (PM10), fine particulate matter less than 2.5 (PM2.5) microns in diameter, carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SO2), and lead. Criteria pollutants are defined as those pollutants for which the Federal and State governments have established AAQS, or criteria, for outdoor concentrations in order to protect public health. Data collected at permanent monitoring stations are used by the EPA to classify regions as “attainment” or “non-attainment” depending on whether the regions met the requirements stated in the primary NAAQS. Nonattainment areas have additional restrictions as required by the EPA. The EPA has designated the Southern California Association of Governments (SCAG) as the Metropolitan Planning Organization (MPO) responsible for ensuring the Basin’s compliance with the FCAA. The South Coast Air Basin is in Non-Attainment Status for Ozone, PM10 and PM2.5. Specific criteria for determining whether the potential air quality impacts of a project are significant are set forth in the SCAQMD’s CEQA Air Quality Handbook. The criteria include daily emissions thresholds, compliance with State and national air quality standards, and consistency with the current AQMP. As prescribed by SCAQMD, an Air Quality Impact Analysis (date) was prepared by Urban Crossroads (November 8, 2016) that utilizes CalEEMod (Version 2016.3.1) to evaluate short-term construction emissions and short-term construction emissions for localized significant thresholds, long-term operational emissions, operation emissions for localized significant thresholds, and Greenhouse Gas Emissions. Short Term (Construction): Project Emissions and Impacts The project proposes to subdivide an approximately 6.96-acre parcel for the construction of 9 single-family residences. The project site is currently vacant. The potential emissions associated with construction of the project are described in the following sections. Page 85 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 19 Issues and Supporting Information Sources:Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Summary of Peak Construction Emissions (Emissions Summary of Overall Construction with Best Available Control Measures) Construction activities associated with the project will result in emissions of CO, VOCs, NOx, SOx, PM10 and PM2.5 and are expected from the following construction activities: demolition, grading (including soil import), building construction, painting (architectural coatings) paving (curb, gutter, flatwork, and parking lot), and construction worker commuting. Localized Significance Summary (Construction Emissions with Best Available Control Measures) Equipment Exhausts and Related Construction Activities Construction activities produce combustion emissions from various sources such as site grading, utility engines, on-site heavy-duty construction vehicles, asphalt paving, and motor vehicles transporting the construction crew. Exhaust emissions from construction activities Page 86 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 20 Issues and Supporting Information Sources:Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact envisioned on site would vary daily as construction activity levels change. The use of construction equipment on site would result in localized exhaust emissions; however, as shown in the tables above, the amount will not exceed any threshold of significance. Fugitive Dust Fugitive dust emissions are generally emissions associated with land clearing and exposure of soils to the air and wind and cut-and-fill grading operations. Dust generated during construction varies substantially on a project-by project basis, depending on the level of activity, the specific operation and weather conditions at the time of construction. Construction emissions can vary greatly depending on the level of activity, the specific operations taking place, the equipment being operated, local soils, weather conditions and other factors. The proposed project will be required to comply with SCAQMD Rules 402 and 403 to control fugitive dust. Architectural Coatings Architectural coatings contain VOCs that are similar to ROCs and are part of the O3 precursors. Based on the proposed project, it is estimated that the proposed project will result in a maximum of approximately 20.05 lbs of VOC per day (combined for all construction sources) during construction. Therefore, this VOC emission is the principal air emission and is less than the SCAQMD VOC threshold of 75 lbs/day. Odors Heavy-duty equipment in the project area during construction would emit odors. However, the construction activity would cease to occur after individual construction is completed. No other sources of objectionable odors have been identified for the proposed project, and no mitigation measures are required. In compliance with SCAQMD Rule 402 the proposed uses are not anticipated to emit any objectionable odors. Therefore, objectionable odors posing a health risk to potential on-site and existing off-site uses would not occur as a result of the proposed project. Naturally Occurring Asbestos The proposed project is located in San Bernardino County and it is not among the counties that are found to have serpentine and ultramafic rock in their soils. In addition, there has been no serpentine or ultramafic rock found in the project area. Therefore, the potential risk for naturally occurring asbestos (NOA) during project construction is small and less than significant. Cumulative Impacts: Short-Term Construction Emissions Continued development will contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards. During the construction phases of development, on-site stationary sources, heavy-duty construction vehicles, construction worker vehicles, and energy use will generate emissions. In addition, fugitive dust would also be generated during grading and construction activities. While most of the dust would settle on or near the project site, smaller particles would remain in the atmosphere, increasing particle levels within the surrounding area. Construction is an on-going industry in the Rancho Cucamonga area. Construction workers and equipment work and operate at Page 87 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 21 Issues and Supporting Information Sources:Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact one development site until their tasks are complete. Nevertheless, fugitive dust and equipment emissions are required to be assessed. The General Plan Final Program Environmental Impact Report (FPEIR) analyzed the impacts of Air Quality based on the future build out of the City. Based upon on the Urban Emissions Model (URBEMIS7G) estimates in Table 4.3-3 of the General Plan (FPEIR), Nitrogen Dioxide (NO2), Ozone (O3), and Particulate Matter (PM2.5 and PM10) would exceed SCAQMD thresholds for significance; therefore, they would all be cumulatively considerable if they cannot be mitigated on a project basis to a level less-than-significant. This city-wide increase in emissions was identified as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council as noted in the Section 4.3 of the General Plan FPEIR. Although the project will have a less than significant impacts, the implementation of the following best practices and mitigation measures from the City’s 2010 General Plan FPEIR will further reduce the project’s short-term air quality impacts: 1)All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 2)Prior to the issuance of any grading permits, the developer shall submit construction plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning Staff. 3)The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 4)The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. 5)All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 6)All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. 7)All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: Reestablish ground cover on the construction site through seeding and watering. Pave or apply gravel to any on-site haul roads. Page 88 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 22 Issues and Supporting Information Sources:Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. Suspend grading operations during high winds (i.e., wind speeds exceeding 25mph) in accordance with Rule 403 requirements. Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 8)The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board (RWQCB)) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403. 9)Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. Project Long Term (Operational) Emissions and Impacts Long-term air pollutant emissions are those associated with stationary sources and mobile sources involving any project-related changes. The proposed project would result in a net increase in the amount of development in the area; therefore, the proposed project would result in net increases in both stationary and mobile source emissions. The stationary source emissions would come from additional natural gas consumption for on-site buildings and electricity for the lighting in the buildings and at the parking area. As shown in the following tables, project implementation will not exceed any significance thresholds. No long-term, operational impacts will occur as a result of the project. Page 89 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 23 Issues and Supporting Information Sources:Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Summary of Peak Operational Emissions Cumulative Impacts (Long Term/Operational Emissions) The General Plan Final Program Environmental Impact Report (FPEIR) analyzed the potential impacts to air quality based on the future build out of the City. In the long-term, continued development would result in significant operational vehicle emissions based upon on the URBEMIS7G model estimates in Table 4.3-3 of the General Plan FPEIR; therefore, all developments would be cumulatively significant if they cannot be mitigated on a project basis to a less-than-significant level. This City-wide increase in emissions was identified as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council as noted in the Section 4.3 of the General Plan FPEIR. Although the project will have less than significant impacts, the implementation of the following mitigation measures from the City’s 2010 General Plan FPEIR are designed to further reduce the project’s operational and cumulative air quality impacts: Page 90 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 24 Issues and Supporting Information Sources:Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact 10)Landscape with native and/or drought-resistant species to reduce water consumption and to provide passive solar benefits. 11)All residential and commercial structures shall be required to incorporate high- efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 12)All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. 13)Projects shall be designed in accordance with the applicable California Green Building Standards (CALGreen) Code (24 CCR 11). c)As noted in the General Plan FEIR (Section 4.3), continued development would contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards. The General Plan FPEIR identified the citywide increase in emissions as a significant and adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. Although the project will have less than significant impacts, the implementation of mitigation measures listed in subsection b) above from the City’s 2010 General Plan FPEIR designed to minimize long-term, operational air quality impacts, will further reduce the project’s impact. d)Sensitive receptors are defined as populations that are more susceptible to the effects of pollution than the population at large. The SCAQMD identifies the following as sensitive receptors: long-term health care facilities, rehabilitation centers, convalescent centers, retirement homes, residences, schools, playgrounds, child care centers, and athletic facilities. According to the SCAQMD, projects have the potential to create significant impacts if they are located within 1/4 mile of sensitive receptors and would emit toxic air contaminants identified in SCAQMD Rule 1401. The project site is located within ¼ mile of single-family residences. According to the SCAQMD’s CEQA Air Quality Handbook, land uses associated with odor complaints typically include agricultural uses, wastewater treatment plants, food processing plants, chemical plants, composting, refineries, landfills, dairies, and fiberglass molding (SCAQMD 1993). The proposed residential project does not include any uses identified by the SCAQMD as being associated with odors and therefore would not produce objectionable odors. As such, the proposed project would have no significant impact in regard to objectionable odors. No mitigation is required. Although the impacts are anticipated to be less than significant, the mitigation measures listed under subsection b above and the following mitigation measure will further reduce any potential impacts. 14) All new development in the City of Rancho Cucamonga shall comply with South Coast Air Quality Management District’s Rule 445, Wood Burning Devices. Rule 445 was adopted in March 2008 to reduce emissions of PM2.5 and precludes the installation of indoor or outdoor wood burning devices (i.e. fireplaces/hearths) in new development on or after March 9, 2009. Page 91 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 25 Issues and Supporting Information Sources:Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact e)Construction odors (Short-term) may include odors associated with equipment use including diesel exhaust or roofing, painting and paving. These odors are temporary and would dissipate rapidly. Operational odors (Long-term) are not typically associated with the type of use. Odors from the proposed residential use would most likely be from activities such as cooking and lawn care; however, these odors would be minimal and not considered to be significant. Therefore, no impacts are anticipated. 4.BIOLOGICAL RESOURCES. Would the project: a)Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? ( )()( )( ) b) Have a substantial adverse effect on riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? ( )( )( )() c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? ( )( )( )() d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? ( )( )( )() e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? ( )( )()( ) f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community conservation Plan, or other approved local, regional, or State habitat conservation plan? ( )( )( )() Comments: a)The project site is located in a vacant parcel surrounded by single-family residential uses and a school. The site has been previously disrupted due to its location in urban area. According to the General Plan Figure RC-4, and Section 4.4 of the General Plan FPEIR, the project site is not within an area of sensitive biological resources; therefore, development will not adversely affect rare or endangered species of plants or animals because of the fact that the project is surrounded by urbanized land uses and is consistent with the General Plan Land Use Plan. A Biological Assessment which included a field survey, and a literature review was prepared for the project site by Bellini Biological (November 22, 2016). Additionally, a Biological Assessment Memorandum was also Page 92 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 26 Issues and Supporting Information Sources:Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact prepared on September 19, 2020, in order to address any site changes from the original 2016 report, Based upon the disturbed habitat conditions at the site, which is located in an urbanized area, unique habitat and/or soil types and conditions do not exist, and therefore suitable habitat is lacking at the site for all potentially present special status plant species. No special status plants were detected during the site inspection. As such, it appears that no special status plants are present and it is expected the proposed action would have no effect upon special status plants. The following special status wildlife species are potentially present at the subject property: Cooper’s Hawk (Accipiter cooperii) – CDFW Watch List Species Suitable habitat for Cooper’s hawks is described as: forest and woodlands and leafy suburbs. These hawks are commonly found in parks, quiet neighborhoods, over fields, at backyard feeders, and even along busy streets if there are trees around. Cooper’s Hawks build nests in pines, oaks, Douglas-firs, beeches, spruces, and other tree species, often on flat ground rather than hillsides, and in dense woods. Nests are typically 25-50 feet high, often about two-thirds of the way up the tree in a crotch or on a horizontal branch. Suitable foraging habitat is present as Cooper’s hawks adapt well to urban settings. Cooper’s hawks were not detected during the site inspection. Suitable nesting habitat is present in eucalyptus trees at the site. In addition, other large trees within 500 feet of the subject property provide nesting opportunities. California horned lark (Eremophila alpestris actia) – CDFW Species of Special Concern Suitable habitat for California horned larks is described as: the stubble, grass, and fallow lands near cultivated fields. The majority of the birds live in the wide expanses of the deserts, foothills, and dry grasslands that encircle the farming areas. The nest is a depression on the ground, lined with grass. Marginal foraging and nesting habitat is present. Not detected during the site inspection. Belding’s savannah sparrow (Passerculus sandwichensis beldingt) – CDFW Species of Special Concern Suitable habitat for Belding’s savannah sparrows is described as: grasslands with few trees, including meadows, pastures, grassy roadsides, sedge wetlands, and cultivated fields planted with cover crops like alfalfa. Nests are amid a thick thatch of the prior season’s dead grasses in densely vegetated areas. The nest is usually on the ground or low in grasses, goldenrod, saltrnarsh vegetation, or low shrubs such as blueberry, blackberry, rose, and bayberry. Marginal foraging and nesting habitat is present. Not detected during the site inspection. Critical habitat is a term defined and used in the Endangered Species Act. It is a specific geographic area(s) that contains features essential for the conservation of a threatened or endangered species and that may require special management and protection. Critical habitat may include an area that is not currently occupied by the species but that will be needed for its recovery. The closest critical habitat area with respect to the site has been established for the San Bernardino kangaroo rat located roughly 0.4-miles northwest of the subject property within the alluvial fan chaparral/ scrub habitat associated with Day and Page 93 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 27 Issues and Supporting Information Sources:Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Deer Creek canyon washes in the foothills of the San Gabriel Mountains. Due to the distance between the subject property and critical habitat areas it is apparent the proposed action would not result in destruction or adverse modification of a critical habitat area of a federally endangered or threatened species. Under the provisions of the Migratory Bird Treaty Act (MTBA) (16 U.S.C., §703, Supp. I, 1989), it is unlawful to “pursue, hunt, take, capture, kill, attempt to take, capture, or kill, possess, offer for sale, sell, offer to barter, barter, offer to purchase, purchase, deliver for shipment, ship, export, import, cause to be shipped, exported, or imported, deliver for transportation, transport or cause to be transported, carry or cause to be carried, or receive for shipment, transportation, carriage, or export, any migratory bird, any part, nest, or eggs of any such bird, or any product, whether or not manufactured, which consists, or is composed in whole or part, of any such bird or any part, nest, or egg thereof.” In addition, most birds that nest within the state of California are afforded further protections under California Fish and Wildlife (CDFW) code. Section 3503 of CDFW code states “It is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird, except as otherwise provided by this code or any regulation made pursuant thereto.” The following migratory birds were detected during the site inspection; Mourning dove (Zenaida macroura), Eurasian collared-dove, American crow, Western scrub-jay, Northern mockingbird, House finch, and Lark sparrow. No nesting activity was detected during site inspection; however, the site inspection was performed during non-nesting season. Suitable nesting habitat is present at the subject property for nesting birds within the eucalyptus trees and other vegetation at site, and on the ground. As such, the proposed action has the potential to impact nesting birds, including the Burrowing Owl. This is true even if their nests are not directly impacted as disturbances near an active nest can be disrupting to the point of causing nest failure. As such, the following mitigation measures shall be implemented in order to reduce impacts to a less than significant level: 1)The proposed action should not occur during the migratory bird nesting season (Feb 1 – Aug 31). In the event construction must occur during the nesting bird season, a qualified biologist should conduct a nesting bird survey no more than ten (10) days before the start of construction. If the biologist determines that there are active nests, appropriate buffers will be established for each nest and no work will occur inside the buffer of an active nest until the fledglings are no longer dependent on the nest or until the biologist otherwise determines the nest is inactive. In the event this mitigation measure is implemented, it is expected that site development would not result in “take” of nesting migratory birds. 2)Perform a Burrowing Owl Survey that is in conformance with the Department of Fish and Wildlife Staff Report on Burrowing Owl Mitigation and submit the written report outlining the findings to the California Department of Fish and Wildlife (CDFW) and the Planning Department within 30 days of groundbreaking activity. The Burrowing Owl Survey shall follow the following protocol: a.Burrowing Own Survey methodology shall be based on Appendix D (Breeding and non-breeding season surveys and reports) of the CDFW Staff Report. Results of the pre-construction survey shall be provided to CDFW and the City. If the pre-construction survey does not identify Page 94 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 28 Issues and Supporting Information Sources:Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact burrowing on the project site, then no further mitigation is required. If burrowing owls are found to be utilizing the project site during the pre- construction survey, measures shall be developed by the qualified biologist in coordination with the CDFW to avoid impacting occupied burrows during the nesting period. These measures shall be based on the most current CDFW protocols and will at minimum include establishment of buffer setbacks from occupied burrows and owl monitoring. If ground- disturbing actives are delayed or suspended for more than 30 days after the pre-construction survey, the site shall be resurveyed for owls. b.During the non-breeding season from September 1 through January 31, if burrows are occupied by migratory and non-migratory resident burrowing owls during a pre-construction survey, burrow exclusion and/or closure may be used to exclude owls from those burrows. Burrow exclusion and/or closure should only be conducted by a qualified wildlife biologist in coordination with CDFW using the most current CDFW guidelines. c.During the avian nesting season from February 1 through August 31, if nests are discovered, they shall be avoided through the establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary “no construction” area would have to be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in that area may resume. The Biological Assessment Memorandum submitted on September 19, 2020 identified that two Special Status reptiles, the Coast horned lizard (Phrynosoma blainvillii) and Coastal whiptail (Aspidoscelis tigris stejnegeri) have the potential to occur on the project site. In order to prevent impacts to special status reptiles, the following mitigation measure will be implemented. 3)A biological construction monitor (BCM) shall be present during the days when initial ground clearing, best maintenance practice (BMP) installation and vegetation removal activities are occurring. The BCM will be observe the activities and watch for special status reptiles such as the Coast horned lizard ((Phrynosoma blainvillii) and Coastal whiptail (Aspidoscelis tigris stejnegeri), and if detected will relocate them out of harm’s way. b)The project site is located in an urban area with no natural communities. No riparian habitat exists on-site. Therefore, no impact is anticipated. c)No wetland habitat is present on-site. Therefore, no impact is anticipated. d)The City is primarily located in an urban area that does not contain large, contiguous natural open space areas. Wildlife potentially may move through the north/south trending tributaries in the northern portion of the City and within the Sphere of Influence. Therefore, no adverse impacts are anticipated. Page 95 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 29 Issues and Supporting Information Sources:Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact e)There is a total of 158 trees on the project site, with 157 of them considered Heritage Trees due to either their size or species. 110 of the 158 trees (about 70%), are either dead or nearly dead. The remaining 48 trees (47 of which are Heritage Trees) are in poor condition due to the presence of Asian Longhorned Beetle and the wood decaying Sulfur Fungus. These trees constitute a hazard on any future development on-site, as all trees are at risk of toppling, which may result in property damage. The project proposes to remove all 158 existing trees. The Planning Director has approved the replacement of 47 trees, to be planted on the project site, in order to mitigate the removal of the 47 heritage trees currently in poor condition on the site. This tree replacement plan is incorporated in the project plans. f)Neither the City nor the SOI are within an adopted HCP, NCCP, or other approved State Habitat Conservation Plan area. The project site is not located within a local conservation area according to the General Plan, Open Space and Conservation Plan, Figure RC-1. No conflicts with habitat conservation plans will occur. Therefore, no impacts are anticipated. 5.CULTURAL RESOURCES. Would the project: a)Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? ( )( )( )() b) Cause a substantial adverse change in the significance of an archeological resource pursuant to § 15064.5? ( )()( )( ) c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? ( )()( )( ) d) Disturb any human remains, including those interred outside of dedicated cemeteries? ( )( )()( ) Comments: a)The applicant has submitted a cultural resources study prepared by Earthtouch, Inc. on December 2016. The cultural resources study included archaeological records search by the South Central Coastal Information Center (SCCIC) of all properties within a 1-mile radius of the project site. Data sources consulted at the SCCIC included archaeological records, Archaeological Determinations of Eligibility (DOE), historic maps, and the Historic Property Data File (HPDF) maintained by the Office of Historic Preservation (OHP). The HPDF contains listings for the NRHP and/or CRHR, California Historical Landmarks (CHL), and California Points of Historical Interest (CPHI). Additionally, the City of Rancho Cucamonga Local Inventory of Historic Resources (2011) and the Local Register of Historic Resources (last updated July 2012) were reviewed for any listings that might be relevant to the project. A pedestrian survey was also conducted on the property. The results of the records search at the SCCIC indicated that there have been at least 60 archaeological investigations conducted within a 1-mile radius of the subject property. None of the 60 reports included any portion of the property. The SCCIC maps indicate that 16 archaeological resources have been identified within a 1- mile radius of the property. However, there were no archeological resources or architectural properties recorded within the project site. Based on the information obtained through the records search and from the field survey, there is sufficient information to conclude that the prosed development will not impact any historic resources. Based on this information, no impact is anticipated. Page 96 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 30 Less Than Significant Less Issues and Supporting Information Sources:Potentially Significant With Mitigation Than Significant No Impact Incorporated Impact Impact b)There are no known archaeological sites or resources recorded on the project site; however, the Rancho Cucamonga area is known to have been inhabited by Native Americans according to the General Plan FPEIR (Section 4.6). Construction activity, particularly grading, soil excavation, and compaction, could adversely affect or eliminate existing and potential archaeological resources. The General Plan Final Program Environmental Impact Report (FPEIR) analyzed the impacts of Cultural Resources based on the future build out of the City. The following mitigation measures as identified in the FPEIR shall be implemented: 1)If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. Pursue educating the public about the archaeological heritage of the area. Prepare a mitigation plan consistent with Section 21083.2 Archaeological resources of CEQA to eliminate adverse project effects on significant, important, and unique prehistoric resources, including but not limited to, avoiding archaeological sites, capping or covering sites with soil, planning the site as a park or green space or paying an in-kind mitigation fee. Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. Additionally, during the tribal consultation process detailed in the Tribal Cultural Resources section of this document, the San Manuel Band of Mission Indians have asked to include the following mitigation measures: 2)In the event that cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease and a qualified archaeologist meeting Secretary of Interior standards shall be hired to assess the find. Work on the other portions of the project outside of the buffered area may continue during this assessment period. Additionally, the San Manuel Band of Mission Indians Cultural Resources Department (SMBMI) shall be contacted regarding any pre-contact and/or post-contact finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the find, so as to provide Tribal input with regards to significance and treatment. Page 97 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 31 Less Than Significant Less Issues and Supporting Information Sources:Potentially Significant With Mitigation Than Significant No Impact Incorporated Impact Impact 3)If significant pre-contact and/or post-contact cultural resources, as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to SMBMI for review and comment, as detailed within TCR-1. The archaeologist shall monitor the remainder of the project and implement the Plan accordingly. 4)If human remains or funerary objects are encountered during any activities associated with the project, work in the immediate vicinity (within a 100-foot buffer of the find) shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that code enforced for the duration of the project. c)The General Plan FPEIR (Section 4.6) indicates that the Rancho Cucamonga area is on an alluvial fan. According to the research performed at the Natural History Museum of Los Angeles County and the San Bernardino County database, no paleontological sites or resources have been recorded within the City of Rancho Cucamonga or the Sphere-of- Influence, including the project site; however, the area has a high sensitivity rating for paleontological resources. The older alluvium, which would have been deposited during the wetter climate that prevailed 10,000-100,000 years ago during the Late Pleistocene epoch of the Quaternary period, when the last "Ice Age" and the appearance of modern man occurred, may contain significant vertebrate fossils. The project site is underlain by Quaternary alluvium per the Public Safety Element of the General Plan; therefore, the following mitigation measures shall be implemented: 5)If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. Should fossils be found within an area being cleared or graded, divert earth- disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. d)The proposed project is in an area that has already been disturbed by development. The project site has already been disrupted by the construction of infrastructure, and surrounding developments. No known religious or sacred sites exist within the project area. Page 98 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 32 Less Than Significant Less Issues and Supporting Information Sources:Potentially Significant With Mitigation Than Significant No Impact Incorporated Impact Impact No evidence is in place to suggest the project site has been used for human burials. The California Health and Safety Code (Section 7050.5) states that if human remains are discovered on-site, no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. As adherence to State regulations is required for all development, no mitigation is required in the unlikely event human remains are discovered on-site. No adverse impacts are anticipated. 6.GEOLOGY AND SOILS. Would the project: a)Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ( )( )()( ) ii) Strong seismic ground shaking?( )( )()( ) iii) Seismic-related ground failure, including liquefaction? ( )( )()( ) iv) Landslides?( )( )()( ) b) Result in substantial soil erosion or the loss of topsoil?( )()( )( ) c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? ( )( )( )() d) Be located on expansive soil, as defined in Table 18-1- B of the Uniform Building Code (1994), creating substantial risks to life or property? ( )( )( )() e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? ( )( )( )() Comments: a)No known faults pass through the site and it is not in an Earthquake Fault Zone, nor is it in the Rancho Cucamonga City Special Study Zone along the Red Hill Fault, according to the General Plan Figure PS-2, and Section 4.7 of the General Plan FPEIR. The Red Hill Fault, passes within 1,500 feet west of the site, and the Etiwanda Avenue Fault Scarp lies approximately 2,500 feet to north. These faults are both capable of producing Mw 6.0-7.0 earthquakes. The San Andreas Fault, capable of up to Mw 8.2 earthquakes, is about 10 miles northeasterly of the site. Each of these faults can produce strong ground shaking. Adhering to the Uniform Building Code and Standard Conditions will ensure that geologic impacts are less-than-significant. Page 99 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 33 Issues and Supporting Information Sources:Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact b)The City of Rancho Cucamonga is within a designated Soil Erosion Control Area Exhibit 4.7-4 of the General Plan FPEIR. The proposed project will require the excavation, stockpiling, and/or movement of on-site soils. The Rancho Cucamonga area is subject to strong Santa Ana wind conditions during September to April, which generates blowing sand and dust, and creates erosion problems. Construction activities may temporarily exacerbate the impacts of windblown sand, resulting in temporary problems of dust control; however, development of this project under the General Plan would help to reduce windblown sand impacts in the area as pavement, roads, buildings, and landscaping are established. Therefore, the following fugitive dust mitigation measures shall be implemented to reduce impacts to less-than-significant levels: 1)The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2)Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off- site. Timing may vary depending upon the time of year of construction. 3)Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. 4)Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. c)The General Plan FPEIR (Section 4.7) indicates that there is a potential for the hillside areas at the northern end of the City and in the SOI for slope failure, landslides, and/or erosion. Areas subject to slope instability contain slopes of 30 percent or greater. Landslides may be induced by seismic activity, rain, or construction. The City Hillside Development Regulations prohibits the development within slopes of 30 percent or greater and limit the number of units that could be constructed within the Hillside Residential and Very Low Density Residential designations in the Hillside areas. The site is not within an Earthquake hazard zone or other unstable geologic unit or soil type according to General Plan FPEIR Exhibit 4.7-2. Soil types on-site consist of Soboba Gravelly Loamy Sand Soil association according to General Plan FPEIR Exhibit 4.7-3. No adverse impacts are anticipated. d)The majority of Rancho Cucamonga, including the project site, is located on alluvial soil deposits. These types of soils are not considered to be expansive. Soil types on-site consist of Soboba Gravelly Loamy Sand Soil association according to General Plan FPEIR Exhibit 4.7-3. These soils typically have very slow runoff. No adverse impacts are anticipated. e)The project will connect to, and be served by, the existing local sewer system for wastewater disposal. No septic tanks or alternative wastewater disposal is proposed. Therefore, no impacts are anticipated. Page 100 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 34 Issues and Supporting Information Sources:Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact 7.GREENHOUSE GAS EMISSIONS. Would the project: a)Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? ( )( )()( ) b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? ( )( )()( ) Comments: a)Regulations and Significance – The Federal government began studying the phenomenon of global warming as early as 1979 with the National Climate Protection Act (92 Stat. 601). In June of 2005, Governor Schwarzenegger established California’s Green House Gas (GHG) emissions reduction target in Executive Order (EO) S-3-05. The EO created goals to reduce GHG emissions for the State of California to 2000 levels by 2010; GHG emissions reduced to 1990 levels by 2020; and GHG emissions reduced to 80 percent below 1990 levels by 2050. Additionally, on December 7, 2009 the U.S. Environmental Protection Agency (USEPA) issued findings regarding GHGs under rule 202(a) of the Clean Air Act: (1)that GHGs endanger human health; and (2) that this will be the first steps to regulating GHGs through the Federal Clean Air Act. The USEPA defines 6 key GHGs (carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6)). The combined emissions of these well-mixed greenhouse gases from new motor vehicles and engines contribute to GHG pollution. The western states, including Arizona, California, New Mexico, Oregon, Utah, and Washington, already experience hotter, drier climates. California is a substantial contributor of GHGs and is expected to see an increase of 3 to 4 degrees Fahrenheit (oF) over the next century. Assembly Bill (AB) 32 requires that the California Air Resources Board (ARB), the lead agency for implementing AB 32, determine what the statewide GHG emission level was in 1990 and approve a statewide GHG emissions limit (427 million metric tons of CO2 equivalent) to be achieved by 2020 and prepare a Scoping Plan to outline the main strategies for meeting the 2020 deadline. Significant progress can be made toward the 2020 goal through existing technologies and improving the efficiency of energy use. Other solutions would include improving the State’s infrastructure, and transitioning to cleaner and more efficient sources of energy. The ARB estimates that 38 percent of the State’s GHG emissions in 2004 was from transportation sources followed by electricity generation (both in-State and out-of-State) at 28 percent and industrial at 20 percent. Residential and commercial activities account for 9 percent, agricultural uses at 6 percent, high global warming potential gases at 3 percent, and recycling and waste at 1 percent. It is not anticipated that any single development project would have a substantial effect on global climate change but that GHG emissions from the project would combine with emissions across California, the United States, and the world to cumulatively contribute to global climate change. Therefore, consistent with the ARB’s Climate Change Scoping Plan, the proposed project was evaluated for consistency with the Early Action Measures (Scoping Plan is a recommendation until adopted through normal rulemaking). The Page 101 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 35 Issues and Supporting Information Sources:Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact proposed project is assessed by determining its consistency with the 37 Recommended Actions identified by ARB. In compliance with Senate Bill (SB) 97 and CEQA, the project has been analyzed based on a qualitative analysis (CEQA 15064.4). Additionally, the ARB was directed through SB 375 to develop regional GHG emission reduction targets to be achieved within the automobile and light truck sectors for 2020 and 2035. SCAQMD and ARB maintain ambient air quality monitoring stations in the Basin. The stations closest to the project site are the Upland station and the Fontana-Arrow Highway station. The Upland station monitors all criteria pollutants except PM10, PM2.5, and SO2 which are monitored at the Fontana-Arrow Highway station. The ambient air quality in the project area for CO, NO2, and SO2 are consistently below the relevant State and Federal standards (based on ARB and EPA from 2007, 2008, and 2009 readings). Ozone, PM10, and PM2.5 levels all exceed State and Federal standards regularly. Project Related Sources of GHG’s – Based on the Guidelines for the Implementation of California Environmental Quality Act, Appendix G, a project would normally be considered to have a significant effect on air quality if the project would violate any ambient air quality standards, contribute substantially to an existing air quality violation, expose sensitive receptors to substantial pollutant concentrations, or conflict with adopted environmental plans and goals of the community. However, neither the CEQA statutes, Office of Planning and Research (OPR) guidelines, nor the draft proposed changes to the CEQA Guidelines prescribe thresholds of significance or a particular methodology for performing an impact analysis. Significance criteria are left to the judgment and discretion of the Lead Agency. The City of Rancho Cucamonga has not adopted a threshold of significance for GHG emissions. However, a screening threshold of 3,000 MTCO2e per year is based upon South Coast Air Quality Management District staff’s proposed GHG screening threshold for stationary sources emissions for non-industrial projects, as described in the SCAQMD’s Interim CEQA GHG Significance Threshold for Stationary Sources, Rules and Plans. Project related GHG’s would include emissions from direct and indirect sources. Based on the Greenhouse Gas Analysis by Urban Crossroads dated November 8, 2016, total project related emissions would be 216.06 MTCO2eq/year, as shown in the following table: Page 102 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 36 Issues and Supporting Information Sources:Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact As shown in the table, direct and indirect operational emissions associated with the project as compared to the SCAQMD’s interim threshold of significance of 3,000 MTCO2e per year would result in a less than significant impact with respect to GHG emissions. Cumulative Short Term (Construction) GHG Emissions – The General Plan FPEIR (Section 4.5) indicates that GHG emissions result from construction activities associated with diesel-powered construction equipment and other combustion sources (i.e. Generators, workers vehicles, material delivery, etc.). The GHG emitted by construction equipment is primarily carbon dioxide (CO2). The highest levels of construction related GHG’s occur during site preparation including demolition, grading and excavation. Construction related GHG’s are also emitted from off-site haul trucks and construction workers traveling to the job site. Exhaust emissions from construction activities would vary each day with the changes in construction activity on site. The combustion of fossil-based fuels creates GHG’s such as CO2, Ch4, and N2O. CH4 is emitted during the fueling of heavy equipment. Based on the Greenhouse Gas Analysis by Urban Crossroads dated November 8, 2016, no significant impacts to GHGs from short-term construction impacts would occur as a result of the project as shown in the table above. Because the project would result in minimal emissions that do not exceed the SCAQMD’s interim threshold of significance, the project’s contribution to cumulative impacts is also considered minimal. The proposed project would have less than a significant short-term cumulative impact. Although a less than significant impact is anticipated with regard to cumulative short-term construction emissions, the following enforceable mitigation measures in accordance with Mitigation Measure 4.5-1 of the 2010 General Plan Update FPEIR will further reduce the project’s short-term impacts: 1)The project must comply with all rules that assist in reducing short-term air pollutant emission in compliance with SCAQMD Rule 403 regarding fugitive Page 103 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 37 Issues and Supporting Information Sources:Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact dust including treating the site with water or other soil-stabilizing agent twice daily or replanting disturbed areas as quickly as possible. 2)The construction contractor shall select construction equipment based on low- emission factors and high energy efficiency and submit a statement on the grading plan that ensures all construction equipment will be tuned and maintained in accordance with the manufactures’ specification. 3)Trucks shall not idle continuously for more than 5 minutes. 4)Alternative fuel powered equipment shall be utilized in lieu of gasoline- or diesel-powered engines where feasible. 5)Construction should be timed so as not to interfere with peak-hour traffic. 6)Ridesharing and transit incentives shall be supported and encouraged for the construction crew. Cumulative Long Term (Operational) GHG’s Emissions – The primary source of GHG emissions generated by the proposed project would be from motor vehicles, combustion of natural gas for space and water heating, as well as off-site GHG emissions from generation of electricity consumed by the proposed land use development over a long term. CEQA requires the Lead Agency to review the project for “adequacy, completeness, and a good faith effort at full disclosure,” to determine potential impacts of GHG’s. Therefore the project has been analyzed based on methodologies and information available to the City at the time this document was prepared. Estimates are based on past performance and represent a scenario that is a worst case with the understanding that technology changes may reduce GHG emissions in the future. To date, there is no established quantified GHG emission threshold. The project involves the subdivision an approximately 6.96-acre parcel for the construction of 9 single-family residences and therefore would result in an increase in the net increases of both stationary and mobile source emissions. The majority of energy consumption typically occurs during project operation (more than 80 percent and less than 20 percent during construction activities). The proposed project will incorporate several design features that are consistent with the California Office of the Attorney General’s recommended measures to reduce GHG emission including: water efficient landscaping, shade trees, and walkways that provide accessibility to public sidewalks. The project is consistent with the California Environmental Protection Agency Climate Action Team proposed early action measures to mitigate climate change included in the CARB Scoping Plan mandated under AB 32. The proposed project will incorporate several design features including: water efficient landscaping, shade trees, and walkways that provide accessibility to public sidewalks. Additionally, the City is participating in the development of a Sustainable Communities Strategy (SCS) with SANBAG for the San Bernardino County area pursuant to Senate Bill (SB) 375. Based on the Greenhouse Gas Analysis by Urban Crossroads dated November 8, 2016, no significant impacts to GHGs from long-term, operational impacts would occur as a result of the project as shown in the table above. Because the project would result in minimal emissions that do not exceed the SCAQMD’s interim threshold of significance, the project’s Page 104 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 38 Issues and Supporting Information Sources:Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact contribution to cumulative impacts is also considered minimal. The proposed project would have less than a significant long-term operational impact. Although a less than significant impact is anticipated with regard to cumulative long-term construction emissions, the following enforceable mitigation measures in accordance with Mitigation Measure 4.5-1 of the 2010 General Plan Update FPEIR will further reduce the project’s long-term operational impacts: 7)Construction and Building materials shall be produced and/or manufactured locally, as feasible. Use “Green Building Materials” such as materials that are resource efficient, recycled and manufactured in an environmentally friendly way including low-volatile-organic-compound (VOC) materials. 8)Design all buildings to exceed California Building Code Title 24 energy standard including but not limited to any combination of; Increased insulation. Limit air leakage through the structure. Incorporate Energy Star or better rated windows, space heating and cooling equipment, light fixtures, and appliances. Landscape and develop site utilizing shade, prevailing winds and landscaping. Install efficient lighting and lighting control systems. Install light colored “cool” roofs and cool pavements. Install solar or light emitting diodes (LED’s) for outdoor lighting. 9)Prepare a comprehensive water conservation strategy appropriate for the project and include the following; Install water efficient landscapes and irrigation systems and devices in compliance with the City of Rancho Cucamonga Water Efficient Landscape Ordinance. Use reclaimed water for landscaping within the project if available or as required by the Cucamonga Valley Water District (CVWD). Design building to be water efficient by installing water efficient fixtures and appliances including low flow faucets, dual flush toilets and waterless urinals/water heaters. Design irrigation to control runoff and to remove water to non-vegetated surfaces. Page 105 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 39 Issues and Supporting Information Sources:Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact 10)Reuse and recycle construction and demolition waste. Provide interior and exterior storage areas for recyclables and green waste in public areas. Educate employees about reducing waste and about recycling. b)The project involves the subdivision an approximately 6.96-acre parcel for the construction of 9 single-family residences which is consistent with the General Plan. No other applicable plans, policies, or regulations adopted for the purpose of reducing GHG emission apply to the project. The 2010 General Plan Update includes adopted policies and Standard Conditions that respond to the Attorney General and the California Air Pollution Control Officers Association (CAPCOA). The General Plan policies and Standard Conditions guide infill and sustainable development reliant on pedestrian connections, re- use and rehabilitation of existing structures, link transportation opportunities, promote development that is sensitive to natural resources and incentivizes denser mixed-use projects that maximizes diverse opportunities. The proposed project includes water efficient landscaping, shade trees, and walkways that provide accessibility to public sidewalks and therefore is consistent with the sustainability and climate change policies of the General Plan. The General Plan Final Program Environmental Impact Report (FPEIR) analyzed the impacts of GHG’s and determined that GHG emissions would be cumulatively considerable, which would be a significant, unavoidable adverse cumulative impact. A Statement of Overriding Considerations was ultimately adopted by the City Council. Based on the Greenhouse Gas Analysis by Urban Crossroads dated November 8, 2016, no significant impacts to GHGs from short-term, construction impacts or long-term, operational impacts would occur as a result of the project. Because the project would result in minimal emissions that do not exceed the SCAQMD’s interim threshold of significance, the project’s contribution to GHGs from short-term construction and long-term operational cumulative impacts is also considered minimal. In addition, the proposed project would not hinder the State’s GHG reduction goals established by AB 32. Therefore, a less than significant impact would occur. 8.HAZARDS AND WASTE MATERIALS. Would the project: a)Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? ( )( )()( ) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? ( )( )()( ) c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within 1/4 mile of an existing or proposed school? ( )( )( )() d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? ( )( )( )() Page 106 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 40 Issues and Supporting Information Sources:Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? ( )( )( )() f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? ( )( )( )() g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? ( )( )( )() h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? ( )( )( )() Comments: a)Development within the City may utilize or generate hazardous materials or wastes. This is usually associated with individual households, small business operations, and maintenance activities like paints, cleaning solvents, fertilizers, and motor oil or through construction activities that would use paints, solvents, acids, curing compounds, grease, and oils. These materials would be stored and used at individual sites. The City participates in a countywide interagency coalition, which is considered a full service Hazardous Materials Division that is more comprehensive that any other in the State. The City has an Emergency Operations Plan that meets State and Federal requirements and is in the process of updating the approved 2005 Local Hazard Mitigation Plan. Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials and/or waste will reduce the potential for significant impacts to a level less-than-significant. b)The proposed project does not include the use of hazardous materials or volatile fuels. The City participates in a countywide interagency coalition, which is considered a full service Hazardous Materials Division that is more comprehensive than any other in the State. The City has an Emergency Operations Plan that meets State and Federal requirements and is in the process of updating the approved 2005 Local Hazard Mitigation Plan. Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials or volatile fuels will reduce the potential for significant impacts to a level less-than- significant. c)There are schools located within 1/4 mile of the project site. The project site abuts an existing school. The project will be required to comply with existing State and Federal standards on the use and transport of hazardous materials. Typically, the residential uses proposed do not create objectionable odors. No adverse impacts are anticipated. d)The proposed project is not listed as a hazardous waste or substance materials site. Recent site inspections did not reveal the presence of discarded drums or illegal dumping of hazardous materials. No impact is anticipated. e)The site is not located within an airport land use plan according to the General Plan Figure PS-7 and General Plan FPEIR Exhibit 4.8-1 and is not within 2 miles of a public airport. The Page 107 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 41 Issues and Supporting Information Sources:Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact project site is located approximately 7 miles northerly of the Ontario Airport and is offset north of the flight path. No impact is anticipated. f)There are no private airstrips within the City. The nearest private airstrip, Cable Airport, is located approximately 2 and 1/2 miles to the west of the City's westerly limits. No impact is anticipated. g)The City has a developed roadway network that provides emergency access and evacuation routes to existing development. New development will be located on a site that has access to existing roadways. The City's Emergency Operation Plan, which is updated every 3 years, includes policies and procedures to be administered by the City of Rancho Cucamonga in the event of a disaster. Because the project is required to comply with all applicable City codes, including local fire ordinances, no adverse impacts are anticipated. h)Rancho Cucamonga faces the greatest ongoing threat from wind-driven fires in the Very High Fire Hazard Severity Zone found in the northern part of the City; however, the proposed project site is not located within a Very High Fire Hazard Severity Zone according to General Plan Figure PS-1. No adverse impacts are anticipated. 9.HYDROLOGY AND WATER QUALITY. Would the project: a)Violate any water quality standards or waste discharge requirements? ( )()( )( ) b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? ( )( )( )() c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? ( )( )()( ) d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? ( )( )( )() e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? ( )( )( )() f) Otherwise substantially degrade water quality?( )()( )( ) g) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? ( )( )( )() Page 108 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 42 Issues and Supporting Information Sources:Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact h) Place within a 100-year flood hazard area structures that would impede or redirect flood flows? ( )( )( )() i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? ( )( )( )() j) Inundation by seiche, tsunami, or mudflow?( )( )( )() Comments: a)Water and sewer service is provided by the Cucamonga Valley Water District (CVWD). The project is designed to connect to existing water and sewer systems. The State of California is authorized to administer various aspects of the National Pollution Discharge Elimination System (NPDES) permit under Section 402 of the Clean Water Act. The General Construction Permit treats any construction activity over 1 acre as an industrial activity, requiring a permit under the State’s General NPDES permit. The State Water Resource Control Board (SWRCB), through the Regional Water Quality Control Board (RWQCB), Santa Ana Region, administers these permits. Construction activities covered under the State’s General Construction permit include removal of vegetation, grading, excavating, or any other activity for new development or significant redevelopment. Prior to commencement of construction of a project, a discharger must submit a Notice of Intent (NOI) to obtain coverage under the General Permit. The General Permit requires all dischargers to comply with the following during construction activities, including site clearance and grading: Develop and implement a Storm Water Pollution Prevention Plan (SWPPP) that would specify Best Management Practices (BMPs) to prevent construction pollutants from contacting storm water and with the intent of keeping all products of erosion from moving off-site into receiving waters. Eliminate or reduce non-storm water discharges to storm sewer systems and other waters of the nation. Perform inspections of all BMPs. Waste discharges include discharges of storm water and construction project discharges. A construction project for new development or significant redevelopment requires an NPDES permit. Construction project proponents are required to prepare an SWPPP. To comply with the NPDES, the project's construction contractor will be required to prepare an SWPPP during construction activities, and a Water Quality Management Plan (WQMP) for post-construction operational management of storm water runoff. The applicant has submitted a WQMP, prepared by EGL Associates, Inc., May 16, 2016, which identifies BMPs to minimize the amount of pollutants, such as eroded soils, entering the drainage system after construction. Runoff from driveways, roads and other impermeable surfaces must be controlled through an on-site drainage system. BMPs include both structural and non-structural control methods. Structural controls used to manage storm water pollutant levels include detention basins, oil/grit separators, and porous pavement. Non-structural controls focus on controlling pollutants at the source, generally through implementing erosion and sediment control plans, and various Business Plans that must be developed by any businesses that store and use hazardous materials. Practices such as periodic parking lot sweeping can substantially reduce the amount of pollutants entering the storm drain Page 109 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 43 Issues and Supporting Information Sources:Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact system. The following mitigation measures are required to control additional storm water effluent: Construction Activities: 1)Prior to issuance of grading permits, the permit applicant shall submit to the Building Official for approval, a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2)An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in Southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3)During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4)During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. 5)Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. Post-Construction Operational: 6)Prior to issuance of building permits, the applicant shall submit to the City Building Official for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 7)Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored Page 110 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 44 Issues and Supporting Information Sources:Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. b)According to CVWD, approximately 47 percent of the City's water is currently provided from water supplies coming from the underlying Chino and Cucamonga Groundwater Basins. CVWD complies with its prescriptive water rights as managed by the Chino Basin Watermaster and will not deplete the local groundwater resource. The proposed project will not deplete groundwater supplies, nor will it interfere with recharge because it is not within an area designated as a recharge basin or spreading ground according to General Plan Figure RC-3. Development of the site will require the grading and excavation, but would not affect the existing aquifer, estimated to be about 300 to 470 feet below the ground surface. As noted in the General Plan FPEIR (Section 4.9), continued development citywide will increase water needs but will not be a significant impact. CVWD has plans to meet this increased need to the year 2030. No impacts are anticipated. c)The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on the site; however, the project will not alter the course of any stream or river. All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. The project design includes landscaping of all non-hardscape areas to prevent erosion. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. Therefore, the project will not result in substantial erosion or siltation on- or off-site. The impact is not considered significant. d)The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on a site; however, the project will not alter the course of any stream or river. All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. Therefore, increase in runoff from the site will not result in flooding on- or off-site. No impacts are anticipated. e)The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on a site; however, all runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. The project will not result in substantial additional sources of polluted runoff. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. Therefore, increase in runoff from the site will not result in flooding on- or off-site. No impacts are anticipated. f)Grading activities associated with the construction period could result in a temporary increase in the amount of suspended solids in surface flows during a concurrent storm event, thus resulting in surface water quality impacts The site is for new development; therefore, it is required to comply with the National Pollutant Discharge Elimination System (NPDES) to minimize water pollution. With implementation of the mitigation measures specified under subsection a) and the following mitigation measure, less than significant impacts are anticipated. Page 111 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 45 Issues and Supporting Information Sources:Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact 8)The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by EGL Associates, Inc., May 16, 2016 to reduce construction pollutants from entering the storm drain system to the maximum extent practical. g)The project site is not located within a 100-year flood hazard area according to General Plan Figure PS-5. No adverse impacts are expected. h)The project site is not located within a 100-year flood hazard area according to General Plan Figure PS-5. No adverse impacts are expected. i)The Rancho Cucamonga area is flood protected by an extensive storm drain system designed to adequately convey floodwaters from a 100-year storm event. The system is substantially improved and provides an integrated approach for regional and local drainage flows. This existing system includes several debris dams and levees north of the City, spreading grounds, concrete-lined channels, and underground storm drains as shown in General Plan Figure PS-6. The project site is not located within a 100-year flood hazard area according to General Plan Figure PS-5. No adverse impacts are expected. j)There are no oceans, lakes, or reservoirs near the project site; therefore, impacts from seiche and tsunami are not anticipated. The Rancho Cucamonga area sits at the base of the steep eastern San Gabriel Mountains whose deep canyons were cut by mountain streams. Numerous man-made controls have been constructed to reduce the mudflow impacts to the level of non-significance within the City. This existing system includes several debris dams and levees north of the City, and spreading grounds both within and north of the City. Therefore, no impact is anticipated. 10.LAND USE AND PLANNING. Would the project: a)Physically divide an established community?( )( )( )() b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to, a general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? ( )( )( )() c) Conflict with any applicable habitat conservation plan or natural community conservation plan? ( )( )( )() Comments: a)The site is located on the north side of Banyan Street, east of Etiwanda Avenue and is characterized by single-family residential development as well as vacant land zoned for single-family residential development to the south, east, and north. To the west is a school. This project will be of similar design and size to surrounding single-family residential development to the north, west, and south. The project will become a part of the larger community. No adverse impacts are anticipated. b)The project site land use designation is Very Low Residential (VLR). The proposed project is consistent with the General Plan and does not interfere with any policies for environmental protection, or SCAG’s Regional Comprehensive Plan. The General Plan states that the Very Page 112 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 46 Issues and Supporting Information Sources:Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Low (VLR) Land Use District is characterized by detached, very low-density single residential units on 0.5 acre lots. The proposed lots average 27,043 square feet in size. Additionally, the project is within the City’s Equestrian Overlay, and the site will include a private equestrian trail system providing equestrian access to each lot and to the community trail along Banyan Street. As such, no impacts are anticipated. c)The project site is not located within any habitat conservation or natural community plan area. According to General Plan Figure RC-4 and Section 4.10 of the General Plan FPEIR, the project site is not within an area of sensitive biological resources; therefore, development will not adversely affect rare or endangered species of plants or animals because of the fact that the project is surrounded by urbanized land uses and is consistent with the General Plan Land Use Plan. No adverse impacts are anticipated. 11.MINERAL RESOURCES. Would the project: a)Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the State? ( )( )( )() b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? ( )( )( )() Comments: a)The site is not designated as a State Aggregate Resources Area according to the City General Plan, Figure RC-2 and Table RC-1; therefore, there is no impact. b)The site is not designated by the General Plan, Figure RC-2 and Table RC-1, as a valuable mineral resource recovery site; therefore, there is no impact. 12.NOISE. Would the project result in: a)Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? ( )()( )( ) b) Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? ( )()( )( ) c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? ( )( )()( ) d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? ( )()( )( ) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? ( )( )( )() Page 113 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 47 Issues and Supporting Information Sources:Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? ( )( )( )() Comments: a)The project site is not within an area of noise levels exceeding City standards according to General Plan Figure PS-9 at build-out. Additionally, the applicant has submitted a Noise Study by Rincon Consultants, Inc. (February 2020) to review existing noise conditions and construction noise levels. The analysis finds that the primary existing sources of noise in the project vicinity are motor vehicles along Banyan Street. The measured noise levels in the vicinity of the project site range from approximately 46 dBA Leq to 70 dBA Leq. According to the City’s adopted exterior noise standards, an exterior noise exposure below 60 CNEL is normally acceptable for single-family residences. Conservatively assuming that the project site would be exposed to traffic noise levels up to 70 CNEL from Banyan Street, the proposed on-site noise-sensitive receivers could be exposed to normally unacceptable noise levels. Using an attenuation rate of 4.5 dBA per doubling of distance, single-family residences associated with the proposed project would require a setback of at least 116 feet from the centerline of Banyan Street to meet the City’s normally acceptable level of below 60 CNEL. Based on the project site plan shown in Figure 2, current plans for the project include a setback of approximately 50 feet from the centerline of Banyan Street to the southern residential lots. At this distance, the traffic noise levels from Banyan Street would attenuate to 65.5 CNEL based on an attenuation rate of 4.5 dBA per doubling of distance. Construction of the proposed project would generate temporary noise that would exceed existing ambient noise levels on and around the project site but would cease upon completion of construction. Oeration of equipment during site preparation and grading could generate noise levels in excess of up to 68 dBA Leq at the nearest single-family residences 30 feet north of the project site boundary and Frost Early Education Center 30 feet east of the project site boundary. Additionally, grading could generate noise levels up to 67 dBA Leq at single-family residences 115 feet south of the project site boundary across Banyan Street. Construction noise level estimates do not account for the presence of intervening structures or topography, which could reduce noise levels at receiver locations. Therefore, the noise levels presented represent a reasonable worst-case estimate of actual construction noise. According to Section 17.66.050.D.4 of the RCMC, construction noise should not exceed 65 dBA Leq when measured at the property line of an adjacent residential or school land use. To further reduce noise impacts and to ensure noise levels are below the level of significance, the following mitigation measures shall be incorporated into the project. Exterior: 1)Prior to the issuance of any grading plans a construction-related noise mitigation plan shall be submitted to the City for review and approval. The Plan shall depict the location of the construction equipment and how the noise from this equipment would be mitigated during construction. 2)Consistent with the hours described in Section 17.66.050.D.4 of the RCMC, construction times shall be limited between the hours of 7:00 AM and 8:00 PM Page 114 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 48 Issues and Supporting Information Sources:Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact on weekdays and Saturdays. No construction activity shall be permitted on Sundays and national holidays. 3)Construction activities shall be scheduled to avoid operating several pieces of equipment simultaneously, to the maximum extent feasible. 4)Contractor shall provide stating areas on-site to minimize off-site transportation of heavy construction equipment. These areas must be located to maximize the distance between activity and sensitive receptors. 5)Construction vehicles shall not park, queue and/or idle at the project site or along the adjoining public rights-of-way prior to the construction hours. 6)Electrical power shall be used to run air compressors and similar power tools and to power any temporary structures, such as construction trailers. 7)Temporary noise barriers with a minimum height of 10 feet, would be placed along the northern, eastern, and southern boundaries. To be effective the barriers must break the line-of-sight between on-site construction activities and off-site receivers to the north, east, and south throughout the duration of site preparation and grading activities. The noise barrier should be constructed of material with a minimum weight of 2 pounds per square foot with no gaps or perforations. Noise barriers may be constructed of, but are not limited to, 5/8 inch plywood, 5/8 inch oriented strand board, or hay bales. 8)Implement a permanent solid wall with a height of a least six feet, or sufficient to break the line of site, along the southern project site boundary capable of reducing traffic noise from Banyan Street by at least 4.5 dBA. 9)The perimeter block wall shall be constructed as early as possible in first phase. b)The normal operating uses associated with this type of project normally do not induce ground borne vibrations. Construction related vibration may create short term noise and vibration impacts. With the mitigation measure listed in under d) below, any impacts will be less than significant. c)The primary source of ambient noise levels in Rancho Cucamonga is traffic. Because the project will not significantly increase traffic as analyzed in Section 16 Transportation/Traffic; it will likely not increase ambient noise levels within the vicinity of the project. Impacts will be less than significant. d)The General Plan FPEIR (Section 4.12) indicates that during a construction phase, on-site stationary sources, heavy-duty construction vehicles, and construction equipment, will generate noise exceeding City standards. The mitigation measures listed under Section a) above reduces any impacts related to constriction noise to a level less than significant. e)The site is not located within an airport land use plan and is not within 2 miles of a public airport. The Project is located approximately 6 miles northeast of the Ontario Airport and is offset north of the flight path. No impact is anticipated. Page 115 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 49 Issues and Supporting Information Sources:Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact f)The nearest private airstrip, Cable Airport, is located approximately 2 1/2 miles to the west of the City's westerly limits. No impact is anticipated. 13.POPULATION AND HOUSING. Would the project: a)Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? ( )( )()( ) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? ( )( )( )() c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? ( )( )( )() Comments: a)The project is located in a predominantly developed area and will include the construction of 9 single family homes. Although the project will increase the population growth in the area there will be a less than significant impact as the project is consistent with the underlying Zoning and General Plan Designation. The density was analyzed as part of the build out in the General Plan FPEIR. Construction activities at the site will be short-term and will not attract new employees to the area. No significant impacts are anticipated. b)Because the property is vacant there will be no displacement of housing or people. Therefore no adverse impact is expected. c)Because the property is vacant there will be no displacement of housing or people. Therefore no adverse impact is expected. 14.PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a)Fire protection?( )( )()( ) b) Police protection?( )( )()( ) c) Schools?( )()( )( ) d) Parks?( )( )()( ) e) Other public facilities?( )( )()( ) Comments: a)The site, located on the north side of Banyan Street, east of Etiwanda Avenue would be served by a fire station located approximately 3/4 of a mile from the project site. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new Page 116 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 50 Issues and Supporting Information Sources:Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact facilities. Standard conditions of approval from the Uniform Building and Fire Codes will be placed on the project to lessen the future demand and impacts to fire services. Therefore, a less than significant impact would occur. b)The increase in residential units may lead to an increase in calls for service. Although there may be an increase in calls, additional police protection is not required as the addition of the project will not change the pattern of uses within the surrounding area and will not have a substantial increase in property to be patrolled as the project site is within an area that is regularly patrolled. Therefore, a less than significant impact would occur. c)The Etiwanda School District and the Chaffey Joint Union High School District serve the project area. Both school districts have been notified regarding the proposed development. A standard condition of approval will require the developer to pay the school impact fees, plus the Etiwanda School District special tax. This standard condition is also added as a mitigation below. With this, impacts to the School Districts will therefore be considered less than significant. 1)The developer shall pay the current residential school facility fee plus the Etiwanda School District special tax. d)The site is in a developed area, currently served by the City of Rancho Cucamonga. The nearest park is located 1/2 mile from the project site. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities. A standard condition of approval will require the developer to pay Park Development Fees. Therefore, a less than significant impact would occur. e)The proposed project will utilize existing public facilities. The site is in a developed area, currently served by the City of Rancho Cucamonga. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities. Cumulative development within Rancho Cucamonga will increase demand for library services. According to the General Plan FPEIR (Section 4.14), there will be a projected increase in library space demand but with the implementation of standard conditions the increase in Library Services would be mitigated to less than significant impact. Additionally, the closest public library, the Paul A. Biane Library, recently completed a second floor addition that added 13,500 square feet of specialized programming space. The proposed project is consistent with the General Plan for which the FPEIR was prepared and impacts evaluated. Therefore, a less than significant impact would occur. 15.RECREATION. Would the project: a)Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? ( )( )()( ) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? ( )( )()( ) Page 117 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 51 Issues and Supporting Information Sources:Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: a)The site is in a developed area, currently served by the City of Rancho Cucamonga. The nearest park is located 1/2 mile from the project site. This project is proposing the subdivision of an approximately 6.96-acre vacant parcel for the construction of 9 single- family residences. The project is in conformance with the Very Low (VL) General Plan land use designation and will not increase the use of parks or other recreational facilities beyond that contemplated by the General Plan. A standard condition of approval will require the developer to pay Park Development Fees. Therefore, impacts will be less than significant. b)See a) response above. 16.TRANSPORTATION/TRAFFIC. Would the project: a)Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? ( )( )( )() b) Conflict with an applicable congestion management program, including, but not limited to a level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? ( )( )( )() c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that result in substantial safety risks? ( )( )( )() d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? ( )( )( )() e) Result in inadequate emergency access?( )( )( )() f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities. ( )( )( )() Comments: a)Implementation of the proposed project will generate 86 vehicle trips daily. The proposed project includes the subdivision of a 6.96-acre lot for the construction of 9 single-family residences. The ITE Trip Generation Manual estimates that each single-family residence will generate 10 trips daily. As noted in the General Plan FPEIR (Section 4.16), continued development will contribute to the traffic load in the Rancho Cucamonga area. The proposed project is consistent with the General Plan for which the FPEIR was prepared and impacts evaluated. The project is in an area that is mostly developed with street improvements existing or included in project design. The project will not create a substantial Page 118 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 52 Issues and Supporting Information Sources:Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact increase in the number of vehicle trips, traffic volume, or congestion at intersections. The project site will be required to provide street improvements (curb, gutter and sidewalk) along the street frontage of the site per City roadway standards. In addition, the City has established a Transportation Development fee that must be paid by the applicant prior to issuance of building permits. Fees are used to fund roadway improvements necessary to support adequate traffic circulation. No impacts are anticipated. b)The ITE Trip Generation Manual estimates that each single-family residence will generate 7 morning and 9 evening two-way peak hour trips daily. In November 2004, San Bernardino County voters passed the Measure I extension which requires local jurisdictions to impose appropriate fees on development for their fair share toward regional transportation improvement projects. On May 18, 2005, the City of Rancho Cucamonga adopted a Comprehensive Transportation Fee Schedule updating these development impact fees. As a result, the San Bernardino County Congestion Management Agency waived the Congestion Management Plan (CMP) Traffic Impact Analysis reporting requirement. This project will be required, as a condition of approval, to pay the adopted transportation development fee prior to issuance of building permit. The project is in an area that is mostly developed with all street improvements existing. The project will not negatively impact the level of service standards on adjacent arterials. The project will be required to provide street improvements (curb, gutter, and sidewalk) along the street frontage of the site. No impacts are anticipated. c)Located approximately 7 miles northerly of the Ontario Airport, the site is offset north of the flight path and will not change air traffic patterns. No impacts are anticipated. d)The project is in an area that is mostly developed. The project will be required to provide street improvements (curb, gutter, and sidewalk) along the street frontage of the site. The project design does not include any sharp curves or dangerous intersections or farming uses. The project will, therefore, not create a substantial increase in hazards because of a design feature. No impacts are anticipated. e)The project will be designed to provide access for all emergency vehicles during construction and upon completion of the project and will therefore not create an inadequate emergency access. No impacts are anticipated. f)The project is residential. Although houses are not part of the proposal, when the houses are submitted for review, adequate parking, specifically an enclosed garage and a driveway, in compliance with standards of the City of Rancho Cucamonga will be required. Therefore, no impacts are anticipated. Page 119 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 53 Issues and Supporting Information Sources:Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact 17. TRIBAL CULTURAL RESOURCES. Would the project: Cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with the cultural value to a California Native American tribe, and that is: a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1 (K)? ( )( )( )() b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. ( )()( )( ) Comments: a)The applicant has submitted a Phase I Cultural Assessment prepared by EarthTouch, Inc. (December 2016) for the project site. The Study included an archaeological records search by the South Central Coastal Information Center (SCIC) at CSU Fullerton of all properties within a 1-mile radius of the project site, a paleontological records search, and a pedestrian field survey of the project site. Based upon information provided by the South Central Coastal Information Center (SCIC), and a lack of permanent water within or near the subject property, cultural site sensitivity was deemed to be low. Historic maps and aerial photographs suggest the subject property was likely part of the Henry Albert family ranch. The property, which was considerably larger and part of the lands owned by the Etiwanda Colony, was planted as a fruit orchard in former years before the land was subdivided. In summary, following a pedestrian survey of the entire parcel, no built environment or architectural resources were found, nor were any prehistoric or historic archaeological sites or features discovered. Near the center of the southern end of the project site, a granite block fragment and clay brick were identified, along with the remaining eucalyptus trees. The rock fragment and brick were likely remains from the nearby demolished residence to the west on the adjacent parcel. Mechanical equipment may have moved the stone and brick since the project site was tilled to eliminate weeds. Thus, no significant cultural resources were identified in the direct project Area of Potential Effect (APE), and, therefore, the proposed project will have no effect to historic properties. Nor will the project have a significant impact on any cultural properties identified in the indirect or visual project APE. b)In conformance with CEQA Guidelines Section 15064.5, a Phase I Cultural Assessment was performed on the project site by EarthTouch, Inc. (December 2016). The study consists Page 120 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 54 Issues and Supporting Information Sources:Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact of an archeological record search and field visit. The results of the records search and field survey are discussed in section a above. In conformance of California Senate Bill (SB) 18, a notice of the proposed project was sent out to the appropriate tribes as recommended by the Native American Heritage Commission on January 16, 2018. On March 29, 2019, The San Manuel Band of Mission Indians requested that mitigation measures by incorporated in the event that archeological or cultural resources are discovered during the grading process. These are incorporated below. In conformance with California Assembly Bill (AB) 52, a, notice of the proposed project was sent to the Soboba Band of Luiseno Indians, the San Manuel Band of Mission Indians, the San Gabriel Band of Mission Indians, the Torres Martinez Desert Cahuilla Indians, The Gabrieleno Band of Mission Indians – Kizh nation, and the Morongo Band of Mission Indians on January 20, 2021. The San Manuel Band of Mission Indians requested that mitigation measures be incorporated in the event that archeological or cultural resources are discovered during the grading process. These are incorporated below. Should any undocumented archaeological or cultural resources be discovered during grading activities, adherence to the mitigation measures listed below will ensure that all impacts will be less than significant. 1.) The project Applicant will be required to obtain the services of a qualified Native American Monitor(s) during construction-related ground disturbance activities. Ground disturbance is defined by the Tribal Representatives from the Gabrieleño Band of Mission Indians-Kizh Nation as activities that include, but are not limited to, pavement removal, pot-holing or auguring, grubbing, weed abatement, boring, grading, excavation, drilling, and trenching, within the project area. The monitor(s) must be approved by the Tribal Representatives and will be present on-site during the construction phases that involve any ground disturbing activities. The Native American Monitor(s) will complete monitoring logs on a daily basis. The logs will provide descriptions of the daily activities, including construction activities, locations, soil, and any cultural materials identified. The monitor(s) shall possess Hazardous Waste Operations and Emergency Response (HAZWOPER) certification. In addition, the monitor(s) will be required to provide insurance certificates, including liability insurance, for any archaeological resource(s) encountered during grading and excavation activities pertinent to the provisions outlined in the California Environmental Quality Act, California Public Resources Code Division 13, Section 21083.2 (a) through (k). The on-site monitoring shall end when the project site grading and excavation activities are completed, or when the Tribal Representatives and monitor have indicated that the site has a low potential for archeological resources. 2.) The San Manuel Band of Mission Indians Cultural Resources Department (SMBMI) and shall be contacted, of any pre-contact and/or post-contact cultural resources discovered during project implementation, and be provided information regarding the nature of the find, so as to provide Tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by CEQA (as amended, 2015), a cultural resources Monitoring and Treatment Plan shall be created by the archaeologist, in coordination with SMBMI, and all subsequent finds shall be subject to this Plan. This Plan shall allow for a Page 121 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 55 Issues and Supporting Information Sources:Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact monitor to be present that represents SMBMI for the remainder of the project, should SMBMI elect to place a monitor on-site. 3.) Any and all archaeological/cultural documents created as a part of the project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the applicant and Lead Agency for dissemination to SMBMI. The Lead Agency and/or applicant shall, in good faith, consult with SMBMI throughout the life of the project 18.UTILITIES AND SERVICE SYSTEMS. Would the project: a)Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? ( )( )( )() b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? ( )( )( )() c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? ( )( )()( ) d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? ( )( )( )() e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? ( )( )( )() f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? ( )( )( )() g) Comply with Federal, State, and local statutes and regulations related to solid waste? ( )( )( )() Comments: a)The proposed project is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-1 and RP-4 treatment plants The RP-1 capacity is sufficient to exceed the additional development within the western and southern areas of the City. The RP-4 treatment plant has a potential ultimate capacity of 28 mgd which is considered more than adequate to capacity to treat all increases in wastewater generation for buildout of the General Plan. The project is required to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater. No impacts are anticipated. b)The proposed project is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which is at capacity. The Page 122 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 56 Issues and Supporting Information Sources:Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact project is required to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater. No impacts are anticipated. c)All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. The impact is not considered significant. d)The project is served by the CVWD water system. There is currently a sufficient water supply available to the City of Rancho Cucamonga to serve this project. No impacts are anticipated. e)The proposed project is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which is at capacity. No impacts are anticipated. f)Solid waste disposal will be provided by the current City contracted hauler who disposes the refuse at a permitted landfill with sufficient capacity to handle the City’s solid waste disposal needs. No impacts are anticipated. g)This project complies with Federal, State, and local statutes and regulations regarding solid waste. The City of Rancho Cucamonga continues to implement waste reduction procedures consistent with AB 939. Therefore, no impacts are anticipated. 19.MANDATORY FINDINGS OF SIGNIFICANCE a)Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? ( )()( )( ) b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? ( )( )( )() c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? ( )()( )( ) Comments: a)Certain biological resources described at the Initial Study Checklist Item 4, Biological Resources may be adversely affected by the project. Additionally, as yet unknown cultural Page 123 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 57 Issues and Supporting Information Sources:Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact resources may exist within the project area. This IS/MND incorporates mitigation that reduces potential biological resources impacts and potential cultural resources impacts to levels that would be less than significant. b)If the proposed project were approved, then the applicant would be required to develop the site in accordance with the City of Rancho Cucamonga General Plan. The 2010 General Plan was adopted along with the certification of a Program FEIR, Findings of Fact, and a Statement of Overriding Considerations for significant adverse environmental effects of build-out in the City and Sphere-of-Influence. The City made findings that adoption of the General Plan would result in significant adverse effects to Aesthetics, Agriculture and Forest Resources, Air Quality, Climate Change and Mineral Resources. Mitigation measures were adopted for each of these resources; however, they would not reduce impacts to less-than- significant levels. As such, the City adopted a Statement of Overriding Considerations balancing the benefits of development under the General Plan Update against the significant unavoidable adverse impacts (CEQA Guidelines Section 15092 and 15096(h)). These benefits include less overall traffic volumes by developing mixed-use projects that will be pedestrian friendly and conservation of valuable natural open space. With these findings and the Statement of Overriding Considerations, no further discussion or evaluation of cumulative impacts is required. c)Development of the site under the proposed land use change would not cause substantial adverse effects on human beings, either directly or indirectly. The Initial Study identifies construction-related emissions of criteria pollutants as having a potentially significant impact. Proposed mitigation measures would further reduce emission levels. Additionally, impacts resulting from air quality would be short-term and would cease once construction activities were completed. The Initial Study identified potentially significant impacts associated with the exposure of people to increased noise levels. Mitigation measures contained in this Initial Study will ensure impacts are at less-than-significant levels. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier PEIR or Negative Declaration per Section 15063(c)(3)(D). The effects identified above for this project were within the scope of and adequately analyzed in the following earlier document(s) pursuant to applicable legal standards, and such effects were addressed by mitigation measures based on the earlier analysis. The following earlier analyses were utilized in completing this Initial Study and are available for review in the City of Rancho Cucamonga, Planning Division offices, 10500 Civic Center Drive (check all that apply): () General Plan FPEIR (SCH#2000061027, Certified May 19, 2010) () General Plan FEIR (SCH#2000061027, Certified October 17, 2001) () Master Environmental Assessment for the 1989 General Plan Update (SCH #88020115, certified January 4, 1989) () Etiwanda Specific Plan EIR (SCH #82061801, certified July 6, 1983) Page 124 Initial Study for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 58 ()Air Quality Impact Analysis (Urban Crossroads, November 2020) ()Biological Assessment (Earth Touch, Inc., November 2016) ()Biological Assessment Memorandum (Sentinel Science, September 2020) ()Cultural Resources Study (Earth Touch, Inc. December 2016) ()Geotechnical Report (EGL, Inc., June 2018) ()Greenhouse Gas Analysis (Urban Crossroads, November 2020) ()Noise Study (Rincon Consultants, February 2020) ()Tree Survey (Arbor Care, Inc. (October 2020) Page 125 ... InitialStudy for Tentative Tract Map No. 18012 (SUBTT18012-1) City of Rancho Cucamonga Page 59 ·-- APPLICANT CERTIFICATION I cert:tfy that I amtheapplieant tor the project described in thisInitial Study. I 9eknowledg& thatI have read this lnibal Study and the proposed mitigation measures. Further, I have revised the project plans or proposals andfor hereby agroo to the proposed mitigation measures to avoid the effeC1S or mitigate the effects to a point whereclearly nosignificant envuonmental effects would oceut. Applicanl'sSlgnatu,/L Date· l\v_sv<-'<•;:,.., 'l,iSL\ Print Name andTitle· No!:.1'-1" r-\,.:>\<vLL P ,<,....<•<..?."'-\c> .!..\,•••\:o& l \.-'-c Page 126 Page 1 of 17 MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III) Project File No.: SUBTT18012-1 Applicant: EGL, INC. Initial Study Prepared by: VINCENT ACUNA, ASSOCIATE PLANNER Date: 02/22/2021 Mitigation Measures No. / Implementing Action Responsible for Monitoring Monitoring Frequency Timing of Verification Method of Verification Verified Date /Initials Sanctions for Non-Compliance Section 1 - Aesthetics 1) None Section 2 - Agricultural Resources 1) None Section 3 – Air Quality Short Term (Construction) Emissions 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. PD C Review of Plans A/C 2/4 2) Prior to the issuance of any grading permits, the developer shall submit Construction Plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low- emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning staff. PD/BO C Review of Plans C 2 3) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. BO C Review of Plans A/C 4 4) The construction contractor shall ensure that construction-grading plans include a BO C Review of Plans A/C 2/4 Page 127 Page 2 of 17 Mitigation Measures No. / Implementing Action Responsible for Monitoring Monitoring Frequency Timing of Verification Method of Verification Verified Date /Initials Sanctions for Non-Compliance statement that work crews will shut off equipment when not in use 5) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108.BO B Review of Plans A/C 2 6) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low pressure spray PD C Review of Plans A/C 2/4 7) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: BO C Review of Plans A/C 2/4 Reestablish ground cover on the construction site through seeding and watering. BO C Review of Plans A/C 2/4 Pave or apply gravel to any on-site haul roads.BO C Review of Plans A/C 2/4 Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. BO C Review of Plans A/C 2/4 Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. BO C Review of Plans A/C 2/4 Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. BO C Review of Plans A 4 Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. BO C During Construction A 4 Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) in accordance with SCAQMD Rule 403 requirements. BO C During Construction A 4 Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover BO C During Construction A 4 Page 128 Page 3 of 17 Mitigation Measures No. / Implementing Action Responsible for Monitoring Monitoring Frequency Timing of Verification Method of Verification Verified Date /Initials Sanctions for Non-Compliance payloads using tarps or other suitable means. 8) The site shall be treated with water or other soil- stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce Particulate Matter (PM10) emissions, in accordance with SCAQMD Rule 403. BO C During Construction A 4 9) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. BO C During Construction A 4 Long Term Emissions and Impacts 10) Landscape with native and/or drought-resistant species to reduce water consumption and to provide passive solar benefits. BO C During Construction A 4 11) All residential and commercial structures shall be required to incorporate high-efficiency/low- polluting heating, air conditioning, appliances, and water heaters. BO C/D Review of Plans C 2/4 12) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. BO C/D Review of Plans C 2/4 13) Projects shall be designed in accordance with the applicable California Green Building Standards (CALGreen) Code (24 CCR 11). BO C/D Review of Plans C 2/4 14) All new development in the City of Rancho Cucamonga shall comply with South Coast Air Quality Management District’s Rule 445, Wood Burning Devices. Rule 445 was adopted in March 2008 to reduce emissions of PM2.5 and precludes the installation of indoor or outdoor wood burning devices (i.e. fireplaces/hearths) in new development on or after March 9, 2009. BO C/D Review of Plans C 2/4 Section 4 - Biological Resources 1) The proposed action should not occur during the migratory bird nesting season (Feb 1 -PD B Review of Report B 2/4 Page 129 Page 4 of 17 Mitigation Measures No. / Implementing Action Responsible for Monitoring Monitoring Frequency Timing of Verification Method of Verification Verified Date /Initials Sanctions for Non-Compliance Aug 31). In the event construction must occur during the nesting bird season, a qualified biologist should conduct a nesting bird survey no more than ten (10) days before the start of construction. If the biologist determines that there are active nests, appropriate buffers will be established for each nest and no work will occur inside the buffer of an active nest until the fledglings are no longer dependent on the nest or until the biologist otherwise determines the nest is inactive. In the event this mitigation measure is implemented, it is expected that site development would not result in "take" of nesting migratory birds. 2)Perform a Burrowing Owl Survey that is in conformance with the Department of Fish and Wildlife Staff Report on Burrowing Owl Mitigation and submit the written report outlining the findings to the California Department of Fish and Wildlife (CDFW) and the Planning Department within 30 days of groundbreaking activity. The Burrowing Owl Survey shall follow the following protocol: a)Burrowing Own Survey methodology shall be based on Appendix D (Breeding and non- breeding season surveys and reports) of the CDFW Staff Report. Results of the pre- construction survey shall be provided to CDFW and the City. If the pre-construction survey does not identify burrowing on the project site, then no further mitigation is required. If burrowing owls are found to be utilizing the project site during the pre-construction survey, measures shall be developed by the qualified biologist in coordination with the CDFW to avoid impacting occupied burrows during the nesting period. These measures shall be based on the most current CDFW protocols and will at minimum include establishment of buffer setbacks from occupied burrows and owl PD B Review of Report B 2/4 Page 130 Page 5 of 17 Mitigation Measures No. / Implementing Action Responsible for Monitoring Monitoring Frequency Timing of Verification Method of Verification Verified Date /Initials Sanctions for Non-Compliance monitoring. If ground-disturbing actives are delayed or suspended for more than 30 days after the pre-construction survey, the site shall be resurveyed for owls. b)During the non-breeding season from September 1 through January 31, if burrows are occupied by migratory and non-migratory resident burrowing owls during a pre- construction survey, burrow exclusion and/or closure may be used to exclude owls from those burrows. Burrow exclusion and/or closure should only be conducted by a qualified wildlife biologist in coordination with CDFW using the most current CDFW guidelines. c)During the avian nesting season from February 1 through August 31, if nests are discovered, they shall be avoided through the establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary “no construction” area would have to be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in that area may resume. 3) A biological construction monitor (BCM) shall be present during the days when initial ground clearing, best maintenance practice (BMP) installation and vegetation removal activities are occurring. The BCM will be observe the activities and watch for special status reptiles such as the Coast horned lizard ((Phrynosoma blainvillii) and Coastal whiptail (Aspidoscelis tigris stejnegeri), and if detected will relocate them out of harm’s way. Page 131 Page 6 of 17 Mitigation Measures No. / Implementing Action Responsible for Monitoring Monitoring Frequency Timing of Verification Method of Verification Verified Date /Initials Sanctions for Non-Compliance Section 5 – Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. PD/BO C Review of Report A/D 3/4 Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. PD/BO C Review of Report A/D 3/4 Pursue educating the public about the archaeological heritage of the area.PD/BO C Review of Report A/D 3/4 Prepare a mitigation plan consistent with Section 21083.2 Archeological resources of CEQA to eliminate adverse project effects on significant, important, and unique prehistoric resources, including but not limited to, avoiding archeological sites, capping or covering site with soil, planning the site as a park or green space or paying an in-kind mitigation fee. PD B/C Review of report and plans during construction A/D 2/4 Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report, with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. PD C Review of Report A/D 3/4 Page 132 Page 7 of 17 Mitigation Measures No. / Implementing Action Responsible for Monitoring Monitoring Frequency Timing of Verification Method of Verification Verified Date /Initials Sanctions for Non-Compliance 2) In the event that cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60- foot buffer) shall cease and a qualified archaeologist meeting Secretary of Interior standards shall be hired to assess the find. Work on the other portions of the project outside of the buffered area may continue during this assessment period. Additionally, the San Manuel Band of Mission Indians Cultural Resources Department (SMBMI) shall be contacted regarding any pre-contact and/or post-contact finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the find, so as to provide Tribal input with regards to significance and treatment PD C During Construction A/D 4 3) If significant pre-contact and/or post-contact cultural resources, as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to SMBMI for review and comment, as detailed within TCR-1. The archaeologist shall monitor the remainder of the project and implement the Plan accordingly. PD C During Construction A/D 4 4) If human remains or funerary objects are encountered during any activities associated with the project, work in the immediate vicinity (within a 100-foot buffer of the find) shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that code enforced for the duration of the project. PD C During Construction A/D 4 Page 133 Page 8 of 17 Mitigation Measures No. / Implementing Action Responsible for Monitoring Monitoring Frequency Timing of Verification Method of Verification Verified Date /Initials Sanctions for Non-Compliance 5) If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: PD B Review of Report A/D 4 Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. PD B Review of Report A/D 4 Should fossils be found within an area being cleared or graded, divert earth- disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. BO B/C Review of Report A/D 4 Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). PD D Review of Report D 3 Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy to the report to San Bernardino County Museum. PD D Review of Report D 3 Section 6 – Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM10 emissions, BO C During Construction A 4 Page 134 Page 9 of 17 Mitigation Measures No. / Implementing Action Responsible for Monitoring Monitoring Frequency Timing of Verification Method of Verification Verified Date /Initials Sanctions for Non-Compliance in accordance with SCAQMD Rule 403 or re- planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon the time of year of construction. BO C During Construction A 4 3)Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. BO C During Construction A 4 4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. BO C During Construction A 4 Section 7 – Greenhouse Gas Emissions Short Term (Construction) GHG Emissions 1) The project must comply with all rules that assist in reducing short-term air pollutant emission in compliance with SCAQMD Rule 403 regarding fugitive dust including treating the site with water or other soil-stabilizing agent twice daily or replanting disturbed areas as quickly as possible. BO C During Construction A 4 2) The construction contractor shall select construction equipment based on low- emission factors and high energy efficiency and submit a statement on the grading plan that ensures all construction equipment will be tuned and maintained in accordance with the manufactures’ specification. BO C During Construction A 4 3) Trucks shall not idle continuously for more than 5 minutes.BO C During Construction A 4 4) Alternative fuel powered equipment shall be utilized in lieu of gasoline- or diesel-powered engines where feasible. BO C During Construction A 4 Page 135 Page 10 of 17 Mitigation Measures No. / Implementing Action Responsible for Monitoring Monitoring Frequency Timing of Verification Method of Verification Verified Date /Initials Sanctions for Non-Compliance 5) Construction should be timed so as not to interfere with peak-hour traffic.BO C During Construction A 4 6) Ridesharing and transit incentives shall be supported and encouraged for construction crew. BO C During Construction A 4 Long Term (Operational) GHG Emissions 7) Construction and Building materials shall be produced and/or manufactured locally, as feasible. Use “Green Building Materials” such as materials that are resource efficient, recycled, and manufactured in an environmentally friendly way including low- volatile-organic-compound (VOC) materials. BO A During Construction C 2 8)Design all buildings to exceed California Building Code Title 24 energy standard including but not limited to any combination of: Increased insulation. Limit air leakage through the structure. Incorporate Energy Star or better rated windows, space heating and cooling equipment, light fixtures, and appliances. Landscape and develop site utilizing shade, prevailing winds and landscaping. Install efficient lighting and lighting control systems . Install light colored “cool” roofs and cool pavements. Install solar or light emitting diodes (LED’s) for outdoor lighting. BO C During Construction A 4 9)Prepare a comprehensive water conservation strategy appropriate for the project and include the following: Install water efficient landscapes and irrigation systems and devices in compliance with the City of Rancho BO A During Construction C 2 Page 136 Page 11 of 17 Mitigation Measures No. / Implementing Action Responsible for Monitoring Monitoring Frequency Timing of Verification Method of Verification Verified Date /Initials Sanctions for Non-Compliance Cucamonga Water Efficient Landscape Ordinance. Use reclaimed water for landscaping within the project if available or as required by the Cucamonga Valley Water District (CVWD). Design building to be water efficient by installing water efficient fixtures and appliances including low flow faucets, dual flush toilets and waterless urinals/water heaters. Design irrigation to control runoff and to remove water to non-vegetated surfaces. 10) Reuse and recycle construction and demolition waste. Provide interior and exterior storage areas for recyclables and green waste in public areas. Educate employees about reducing waste and about recycling. CE A Review of Plans C 2 Section 8 – Hazards and Waste Materials 1) None Section 9 – Hydrology and Water Quality Construction Activities 1) Prior to issuance of grading permits, the permit applicant shall submit to Building Official for approval, a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. BO B/C/D Review of Plans A/C 2/4 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing BO B/C/D/Review of Plans A/C 2/4 Page 137 Page 12 of 17 Mitigation Measures No. / Implementing Action Responsible for Monitoring Monitoring Frequency Timing of Verification Method of Verification Verified Date /Initials Sanctions for Non-Compliance of grading and construction to minimize soil exposure to rainy periods experienced in Southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. BO B/C/D Review of Plans A/C 2/4 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. BO B/C/D Review of Plans A/C 2/4 5) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. BO B/C/D Review of Plans A/C 2/4 Post-Construction Operational 6) Prior to issuance of building permits, the applicant shall submit to the City Building Official for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the BO B/C/D Review of Plans A/C 2/4 Page 138 Page 13 of 17 Mitigation Measures No. / Implementing Action Responsible for Monitoring Monitoring Frequency Timing of Verification Method of Verification Verified Date /Initials Sanctions for Non-Compliance structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 7) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. BO B/C/D Review of Plans A/C 2/4 Grading Activities 8) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by (name/date) to reduce construction pollutants from entering the storm drain system to the maximum extent practical. BO B/C/D Review of Plans A/C 2/4 Section 10 – Land Use and Planning 1) None Section 11 – Mineral Resources 1) None Section 12 – Noise 1) Prior to the issuance of any grading plans a construction-related noise mitigation plan shall be submitted to the City for review and approval. The Plan shall depict the location of the construction equipment and how the noise from this equipment would be mitigated during construction. PD/BO B Review of Plans C/A 4 2) Consistent with the hours described in Section 17.66.050.D.4 of the RCMC, construction times shall be limited between the hours of 7:00 AM and 8:00 PM on weekdays and Saturdays. No construction activity shall be permitted on Sundays and PD/BO C During Construction A/C 4 Page 139 Page 14 of 17 Mitigation Measures No. / Implementing Action Responsible for Monitoring Monitoring Frequency Timing of Verification Method of Verification Verified Date /Initials Sanctions for Non-Compliance national holidays. 3) Construction activities shall be scheduled to avoid operating several pieces of equipment simultaneously, to the maximum extent feasible. PD/BO C During Construction A 4 4) Contractor shall provide stating areas on-site to minimize off-site transportation of heavy construction equipment. These areas must be located to maximize the distance between activity and sensitive receptors. PD/BO C During Construction A 4 5) Construction vehicles shall not park, queue and/or idle at the project site or along the adjoining public rights-of-way prior to the construction hours. PD/BO C During Construction A 4 6) Electrical power shall be used to run air compressors and similar power tools and to power any temporary structures, such as construction trailers PD/BO C During Construction A 4 7) Temporary noise barriers with a minimum height of 10 feet, would be placed along the northern, eastern, and southern boundaries. To be effective the barriers must break the line-of-sight between on-site construction activities and off-site receivers to the north, east, and south throughout the duration of site preparation and grading activities. The noise barrier should be constructed of material with a minimum weight of 2 pounds per square foot with no gaps or perforations. Noise barriers may be constructed of, but are not limited to, 5/8 inch plywood, 5/8 inch oriented strand board, or hay bales. PD/BO C During Construction A/C 4 8) Implement a permanent solid wall with a height of a least six feet, or sufficient to break the line of site, along the southern project site boundary capable of reducing traffic noise from Banyan Street by at least 4.5 dBA. PD/BO C During Construction A/C 4 9) The perimeter block wall shall be constructed as early as possible in first phase.PD/BO C During Construction A/C 4 Section 13 – Population and Housing Page 140 Page 15 of 17 Mitigation Measures No. / Implementing Action Responsible for Monitoring Monitoring Frequency Timing of Verification Method of Verification Verified Date /Initials Sanctions for Non-Compliance 1) None Section 14 – Public Services 1) The developer shall pay the current residential school facility fee plus the Etiwanda School District special tax. BO B Review of Plans C 2 Section 15 - Recreation 1) None Section 16 – Transportation/Traffic 1) None Section 17 – Tribal Cultural Resources 1) The project Applicant will be required to obtain the services of a qualified Native American Monitor(s) during construction-related ground disturbance activities. Ground disturbance is defined by the Tribal Representatives from the Gabrieleño Band of Mission Indians-Kizh Nation as activities that include, but are not limited to, pavement removal, pot-holing or auguring, grubbing, weed abatement, boring, grading, excavation, drilling, and trenching, within the project area. The monitor(s) must be approved by the Tribal Representatives and will be present on-site during the construction phases that involve any ground disturbing activities. The Native American Monitor(s) will complete monitoring logs on a daily basis. The logs will provide descriptions of the daily activities, including construction activities, locations, soil, and any cultural materials identified. The monitor(s) shall possess Hazardous Waste Operations and Emergency Response (HAZWOPER) certification. In addition, the monitor(s) will be required to provide insurance certificates, including liability insurance, for any archaeological resource(s) encountered during grading and excavation activities pertinent to the provisions outlined in the California Environmental Quality Act, California Public Resources Code PD B During Grading B 4 Page 141 Page 16 of 17 Mitigation Measures No. / Implementing Action Responsible for Monitoring Monitoring Frequency Timing of Verification Method of Verification Verified Date /Initials Sanctions for Non-Compliance Division 13, Section 21083.2 (a) through (k). The on-site monitoring shall end when the project site grading and excavation activities are completed, or when the Tribal Representatives and monitor have indicated that the site has a low potential for archeological resources. 2) The San Manuel Band of Mission Indians Cultural Resources Department (SMBMI) and shall be contacted, of any pre-contact and/or post-contact cultural resources discovered during project implementation, and be provided information regarding the nature of the find, so as to provide Tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by CEQA (as amended, 2015), a cultural resources Monitoring and Treatment Plan shall be created by the archaeologist, in coordination with SMBMI, and all subsequent finds shall be subject to this Plan. This Plan shall allow for a monitor to be present that represents SMBMI for the remainder of the project, should SMBMI elect to place a monitor on-site. PD C During Grading A/D 4 3) Any and all archaeological/cultural documents created as a part of the project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the applicant and Lead Agency for dissemination to SMBMI. The Lead Agency and/or applicant shall, in good faith, consult with SMBMI throughout the life of the project PD C During Grading A/D 4 Section 18 – Utility and Service Systems 1) None Section 19 – Mandatory Findings of Significance 1) None Key to Checklist Abbreviations Page 142 Page 17 of 17 Responsible Person Monitoring Frequency Method of Verification Sanctions CDD - Community Development Director or designee A - With Each New Development A - On-site Inspection 1 - Withhold Recordation of Final Map PD - Planning Director or designee B - Prior To Construction B - Other Agency Permit / Approval 2 - Withhold Grading or Building Permit CE - City Engineer or designee C - Throughout Construction C - Plan Check 3 - Withhold Certificate of Occupancy BO - Building Official or designee D - On Completion D - Separate Submittal (Reports/Studies/ Plans)4 - Stop Work Order PO - Police Captain or designee E - Operating 5 - Retain Deposit or Bonds FC - Fire Chief or designee 6 - Revoke CUP 7 - Citation Page 143 DATE:December 1, 2021 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Jennifer Nakamura, Management Analyst II Trina Valdez, Utilities Operations Supervisor Cristina Gorka, Box Office Coordinator Lori Sassoon, Deputy City Manager/Administrative Services SUBJECT:Public Hearing to Consider Fee Adjustments for the Community Services, Engineering, and Planning Departments. (RESOLUTION NO. 2021-129) (CITY) RECOMMENDATION: Staff recommends that the City Council hold the public hearing and adopt the resolution. BACKGROUND: The City can impose fees under the authority granted by California Government Code Section 66000 et. seq, including the requirement to hold at least one public hearing as part of a regularly scheduled meeting to allow for public comment on its proposed fees. Fees are allowed to be imposed in order to recover costs associated with the provision of specific services benefiting the user, thereby reducing the use of General Fund monies for such purposes. As a matter of routine, city departments revisit fees at least once per year to ensure that small adjustments can be made over time to keep up with operational and construction costs. In accordance with that approach, departments have once again reviewed their user and developer impact fees to determine what adjustments should be made at this time. This report covers requests for revisions to and establishment of fees for the Community Services, Engineering Services, and Planning departments. The corresponding cost analysis worksheets were placed on file in the City Clerk’s office on November 18, 2021. ANALYSIS: The following user fee adjustments are detailed in the proposed resolution (Attachment 1): Community Services The Community Services Department reviewed its fee schedule with consideration to community need, usage and cost. Overall, the changes are modest. While the resolution repeals the previous fee schedule and adopts this new version, most fees remain unchanged. Page 144 Page 2 1 0 5 2 The following summarizes those few changes that are included in the proposed resolution: Increased Fees: • Various optional equipment rentals to reflect current market rates. • Group 5 fees were added to park shelter rentals. Modification of existing fees: • Equipment rental fees were restructured from a flat fee to a “cost plus overhead” model. New Fees: • A Partial Hall (1/3 of Event Hall- Large) has been added to Premium Hours at Central Park. • A Day Porter Fee was created to recover those costs associated with rentals. • Cap was added to microphone and projector fees to accommodate a weekly rate. In addition, various obsolete fees were deleted, and other language modified to provide clarification and align with the Department’s practices. New language also allows the Community Services Director to approve waivers or reduce room deposit amounts if multiple rooms are rented, and to negotiate fees for extended periods of rental at the Playhouse. Additionally, new language authorizes the City Manager to adjust fees as appropriate on a case-by-case basis, including but not limited to partnerships, funerals, large revenue generating rentals, emergencies, and other unique circumstances in order to meet community need. Engineering Services/Rancho Cucamonga Municipal Utility (RCMU) The Rancho Cucamonga Municipal Utility Electric Fees and Charges Schedule was established on August 31, 2001 and last updated on December 2, 2018 by Resolution 18-126. Analysis of the fees revealed that with advancements in meter technology, changes in business practices and increases in contractor costs, some of the fees are no longer applicable or need to be increased or decreased for the services being provided. The descriptions were also updated to better define each fee. The proposed changes would recover the cost to administer the service. The following chart summarizes the changes included in the proposed resolution: Existing Description Proposed Description Existing Fee Proposed Fee Special Appointment Turn-on Charge REMOVE $10 None Fund Verification Fee REMOVE $5 None Re-Read/Second Request Within Six Months REMOVE $25 None Appointment Based Meter Reads REMOVE $25 None Monthly rental of remote metering to resolve access issues REMOVE $2.50 per month None Service Turn-On Charge/Reconnection Service Reconnection Charge Three Phase: $20 next day, $55 same day, $70 after hours Single Phase: $20 next day, $35 same day, $70 after hours Three Phase: $55 any hour Single Phase: $15 during business hours, $50 after hours Trip charge for additional field visits (cut-off for non-payment, etc.) Trip Charge for Field Visits/Disconnections $15 per visit $15 per visit Page 145 Page 3 1 0 5 2 Temporary Turn On or Turn Off of electric service for repair (normal working hours) first aggregate hour is free Temporary Turn On/Off of Electric Service for Repairs (Normal business hours) $95 per hour or fraction thereof $330 per hour or fraction thereof Temporary Turn On or Turn Off of electric service for repair (after normal hours) Temporary Turn On/Off of Electric Service for Repairs (Outside normal business hours or weekend) $130 per hour or fraction thereof $500 per hour or fraction thereof Generating Facility Interconnection Plan Check and Inspection Rate No Change $150 per hour $165 per hour Meter Installation Fee (new fee) The proposed fee of $75.00 per meter installation would assist in recovering partial staff and contractor labor costs to install new meters. Planning Department In 2019, the City adopted the Etiwanda Heights Neighborhood and Conservation Plan. One of the components of that plan was an option to allow property owners in the rural conservation areas to transfer their residential development rights in exchange for permanent conservation of the Rural/Conservation Area property. In February 2021 the council reviewed and adopted the framework for the TDR program. A new proposed TDR Processing Fee covers staff time used in order to administer the TDR process for an individual property. In 2021, Ordinance No. 982 was adopted to revise standards for industrial development. As part of these revisions, certain new industrial projects will be required to apply for a Conditional Use Permit that is considered by the City Council. Our current fee structure covers staff costs for up to Planning Commission Review. Staff proposes an additional tier in the fee structure with a minor increase that covers costs for additional staff time to prepare and present required Conditional Use Permit or CUP modification for City Council consideration. Pursuant to Government Code Section 65090, this item was advertised fifteen (15) days in advance of the public hearing (1/8 page ad) in the Inland Valley Daily Bulletin newspaper. FISCAL IMPACT: By consistently examining user fees annually, these user fee updates provide additional revenue per fiscal year to offset the City’s Costs. Overall additional revenues are anticipated to be nominal during the current fiscal year. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This action is in keeping with the Council’s core value of intentionally embracing and anticipating the future, by taking actions to keep fees in line with costs over time. ATTACHMENTS: Attachment 1 – Resolution No. 2021-129 Page 146 Resolution No. 2021-129 - Page 1 of 13 RESOLUTION NO. 2021-129 A RESOLUTION OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING AN UPDATED FEE SCHEDULE APPLICABLE TO THE COMMUNITY SERVICES, PLANNING, AND ENGINEERING SERVICES DEPARTMENTS A. Recitals. 1. The California Government Code allows the City to establish fees and charges for municipal services, provided such fees and charges do not exceed the estimated reasonable cost to the City in providing the service to which the fee or charge applies. 2. Data indicating the estimated or actual cost to provide each service, for which the fees and charges set forth herein apply, was made available to the public at least ten (10) days prior to the date of the public hearing. 3. On December 1, 2021, City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the amendment. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. The City Council of the City of Rancho Cucamonga finds and resolves as follows: SECTION 1: The City Council hereby specifically finds that all the facts set forth in the Recitals, Part A, of this Resolution are true and correct. SECTION 2: The City Council hereby specifically finds that the fees and charges set forth do not exceed the estimated reasonable cost of providing the service for which the fee or charge be levied. SECTION 3: Community Services Department - The City hereby repeals all fees for Community Services Department services listed in Resolution 19-092, and adopts the fees in Exhibit A for services performed by the Community Services Department effective January 1, 2022. SECTION 4: Planning Department – a. The City hereby amends Resolution 18-040, and adopts the following fees for services performed by the Planning Department, including the current 7% Technology Fee and 10% General Plan Maintenance Fee, effective 60 days from the adoption of this resolution, consistent with State Law: No. Fee Description Type Fee 7 Conditional Use Permit/Minor Use Permit     Administrative Approval FLAT  1 $4,695   PC Approval FLAT  1 $8,303 CC Approval FLAT $10,459 ATTACHMENT 1 Page 147 Resolution No. 2021-129 - Page 2 of 13 8 Conditional Use Permit/Minor Use Permit - Modification Fee Administrative Approval FLAT 1 50% of the original fee PC Approval FLAT 1 $4,283 CC Approval FLAT $6,440 72 Transfer of Development Rights (TDR) FLAT $3,218 1 This fee is listed for illustrative purposes only. These fees remain at their current rate, based on the comprehensive fee study adopted by the City Council in 2018 (Resolution 18-040) and adjusted annually based on BLS – employment cost index. b. The fees set forth in Section 4, Part A above shall be adjusted annually, commencing on July 1, 2022, and each year thereafter, without further action of the City Council, based on the Employee Cost Index for State and Local Government Employees, Total Compensation, during the 12-month period ending on December 31st of the immediately preceding year, as released by the U.S. Department of Labor’s Bureau of Labor Statistics and rounded to the nearest whole dollar. If this index is discontinued, a replacement index, as determined by the City Council, shall be utilized. SECTION 5: Engineering Services Department - The City hereby amends Resolution 18-126, effective January 2, 2022, and amends and adopts the following fees for services performed by the Rancho Cucamonga Municipal Utility: Title Description Fee Service Reconnection Charge Fees for single phase service were reduced to be consistent with remote metering capabilities. Three phase service was revised to be equitable with the other fees of the same type. Single Phase: $15 during business hours; $50 after hours Three Phase: $55 any hour Trip Charge for Field Visits/Disconnections Fee assessed for field visit or to disconnect service. Revised fee title to better define service being provided. $15 per visit Temporary Turn On/Off of Electric Service for Repairs (Normal business hours) Contractor costs have increased from $95 per hour for electric service turn on/off during normal business hours. $330 per hour or fraction thereof Temporary Turn On/Off of Electric Services for Repairs (Outside normal business hours or weekend) Contractor costs increased from $130 per hour for electric service turn on/off during hours outside of normal business hours or weekends. $500 per hour or fraction thereof Generating Facility Interconnection Plan Check and Inspection Rate Contractor costs increased from $150 per hour for plan check and inspection of generating facility interconnection. $165 per hour Meter Installation Fee Fee for installing new meters.$75 per meter Page 148 Resolution No. 2021-129 - Page 3 of 13 Special Appointment Turn-on Charge Fee is no longer applicable and is being removed. No fee Fund Verification Fee Fee is no longer applicable and is being removed. No fee Re-Read/Second Request within six months Fee is no longer applicable and is being removed. No fee Appointment Based Meter Reads Fee is no longer applicable and is being removed. No fee Monthly rental of remote metering to resolve access issues Fee is no longer applicable and is being removed. No fee SECTION 6: The City Clerk shall certify to the adoption of this Resolution. Page 149 Resolution No. 2021-129 - Page 4 of 13 EXHIBIT A: COMMUNITY SERVICES DEPARTMENT MASTER FEE AND CHARGE SCHEDULE 1.1 EMPLOYEE COST INDEX (ECI) ADJUSTMENT 1.1.1 Effective July 1, 2022, fees will be automatically adjusted annually by the percentage change in the Employee Cost Index (ECI) for state and local government workers, total compensation (not seasonally adjusted), during the 12-month period ending on December 31st of the immediately preceding calendar year, as published by the United States Bureau of Labor Statistics. 1.1.2 The adjustment will apply to fees directly related to City staffing. 1.1.3 Adjusted fees will be rounded up to the nearest whole dollar. 1.2 USER GROUP CLASSIFICATIONS Group Organizations Event Types City City of Rancho Cucamonga, Rancho Cucamonga Fire Protection District, Rancho Cucamonga Police Department Agency mission-based programs, events, meetings, etc. CSD City of Rancho Cucamonga Community Services Department Agency mission-based programs, events, meetings, etc. 1 Other governmental agencies (County, State, School District, Water District) Events providing a direct benefit to City of Rancho Cucamonga residents (ex. public events, meetings, hearings, etc.) Resident non-profits; resident civic and athletic organizations; resident churches; resident public and private schools (including clubs, associations, boosters, etc.). Events providing a direct benefit to City of Rancho Cucamonga residents (ex. public events, religious services, organizational meetings, or fundraisers). 2 Other governmental agencies (County, State, School District, Water District)Employee meetings and trainings. Resident private party; employee organizations; political organizations, candidate campaigns; City of Rancho Cucamonga employees. All approved functions. User Group 1 and 2 Private social events not in support of organization’s mission 3 Non-resident non-profits; non-resident civic and athletic organizations; non-resident churches; non-resident public and private schools (including clubs, associations, boosters, etc.). Events providing a direct benefit to City of Rancho Cucamonga residents (ex. public events, religious services, organizational meetings, or fundraisers). Resident commercial / business All approved functions. 4 Non- resident non-profits, non-resident civic and athletic organizations; non-resident churches; non-resident public Private social events not in support of organization’s mission Page 150 Resolution No. 2021-129 - Page 5 of 13 and private schools (including clubs, associations, boosters, etc.). 5 Non-resident commercial / business All approved functions. 1.3 GENERAL FEES Item Location Fee Unit ActiveNet Transaction Fee All Locations 4.00%Per transaction Application Processing Fee All Indoor Facilities $35.00 Per application Application Processing Fee Parks and Sports Fields $25.00 Per application Application Processing Fee (with alcohol)All Locations $50.00 Per application Alcohol Use Deposit All Locations $500.00 Per rental Additional Rental Deposit All Locations As determined by event/rental requirements Per rental Equipment Replacement Fee All Locations $2.00 Per class / activity registration Class and Activity Refund Fee All Locations $10.00 Per class / activity registration 1.3.1 1.3.1 Waiver of Fees The Community Services Director may approve to waive or reduce the room deposit amount if multiple rooms are rented. Theatre: For extended periods of rental, negotiated fees may be approved by the Community Services Director. The City Manager is authorized to adjust fees as appropriate on a case-by-case basis, including but not limited to partnerships, funerals, large revenue generating rentals, emergencies, and other unique circumstances, to meet the community need. 1.4 NON-RESIDENT FEES Item Location Fee Unit Classes, workshops, programs (Duration: 1 day or less)All Locations Exempt Per class / activity registration Classes, workshops, programs and activities (Duration: 1 day or more) All Locations $13.00 Per class / activity registration Senior programs (Duration: 0 to 5 weeks)All Locations $4.00 Per class / activity registration Senior programs (Duration: 6+ weeks)All Locations $12.00 Per class / activity registration Page 151 Resolution No. 2021-129 - Page 6 of 13 1.5 STAFFING FEES Staff Title Location Fee Unit Event / Rental Staff All Locations Fully burdened staff rate (top pay step x fringe benefit rate)Per hour Private Security All Locations As determined by service contract Per hour Day Porters All Locations As determined by service contract Per hour (required minimum) 1.6 INDOOR FACILITY RENTALS 1.6.1 Facility Room Rental Cancellation and Rescheduling Fees: Room Category Location Fee*Unit Small All Locations $25.00 Per rental Medium All Locations $50.00 Per rental Large All Locations $50.00 Per rental Banquet Hall Lions Center West, RC Family Resource Center $50.00 Per rental Event Hall (medium, large)Central Park, VG Cultural Center $75.00 Per rental Courts (exterior, interior)RC Sports Center $50.00 Per rental Courtyard Central Park, VG Cultural Center $50.00 Per rental Kitchen Central Park $25.00 Per rental Theatre VG Cultural Center $100.00 Per rental *Subject to refund window 1.6.2 Neighborhood Center Rental Fees: OPERATING HOURS EXTENDED HOURS Room Category Rental Deposit* Group 1 Group 2 Group 3 Group 4 Group 5 Group 1 Group 2 Group 3 Group 4 Group 5 Small $100.00 No Fee $27.00 $40.00 $54.00 $67.00 No Fee $33.00 $49.00 $67.00 $83.00 Medium $100.00 No Fee $32.00 $47.00 $64.00 $80.00 No Fee $40.00 $60.00 $80.00 $100.00 Large $250.00 No Fee $37.00 $57.00 $74.00 $94.00 No Fee $47.00 $70.00 $94.00 $116.00 Banquet Hall $250.00 No Fee $42.00 $64.00 $85.00 $106.00 No Fee $54.00 $80.00 $106.00 $132.00 *As approved by the Community Services Director, deposit may be reduced if multiple rooms are rented. 1.6.3 Community Center Rental Fees: OPERATING HOURS EXTENDED HOURS Room Category Rental Deposit* Group 1 Group 2 Group 3 Group 4 Group 5 Group 1 Group 2 Group 3 Group 4 Group 5 Small $100.00 No Use $32.00 $47.00 $64.00 $80.00 No Use $40.00 $60.00 $80.00 $100.00 Medium $250.00 No Use $37.00 $57.00 $74.00 $94.00 No Use $46.00 $70.00 $94.00 $116.00 Large $250.00 No Use $42.00 $64.00 $85.00 $106.00 No Use $54.00 $80.00 $106.00 $132.00 Event Hall (Medium)$500.00 No Use $74.00 $133.00 $149.00 $193.00 No Use $97.00 $173.00 $193.00 $250.00 Page 152 Resolution No. 2021-129 - Page 7 of 13 Event Hall (Large)$500.00 No Use $106.00 $191.00 $211.00 $275.00 No Use $138.00 $247.00 $275.00 $356.00 Courtyard $500.00 No Use $32.00 $47.00 $64.00 $80.00 No Use $40.00 $60.00 $80.00 $100.00 Kitchen $0.00 No Use $27.00 $40.00 $54.00 $67.00 No Use $33.00 $49.00 $67.00 $83.00 Courts (exterior)$200.00 No Use $25.00 $36.00 $47.00 $60.00 No Use $24.00 $36.00 $47.00 $60.00 Courts (interior)$200.00 No Use $42.00 $64.00 $85.00 $106.00 No Use $42.00 $64.00 $85.00 $106.00 *As approved by the Community Services Director, deposit may be reduced if multiple rooms are rented. PREMIUM HOURS Room Category Rental Deposit* Group 1 Group 2 Group 3 Group 4 Group 5 Event Hall (Medium)$500.00 No Use $125.00 $226.00 $250.00 $325.00 Event Hall (Large)$500.00 No Use $178.00 $321.00 $356.00 $463.00 Partial Hall (Large 1/3)$500 No Use $60.00 $107.00 $119.00 $155.00 *As approved by the Community Services Director, deposit may be reduced if multiple rooms are rented. 1.6.4 Specialty Center Rental Fees: OPERATING HOURS EXTENDED HOURS Room Category Rental Deposit* Group 1 Group 2 Group 3 Group 4 Group 5 Group 1 Group 2 Group 3 Group 4 Group 5 Small $100.00 No Use $32.00 $47.00 $64.00 $80.00 No Use $40.00 $60.00 $80.00 $100.00 Medium $500.00 No Use $62.00 $92.00 $122.00 $153.00 No Use $76.00 $115.00 $153.00 $191.00 Large $500.00 No Use $80.00 $120.00 $159.00 $199.00 No Use $100.00 $150.00 $199.00 $247.00 Event Hall (Large)$500.00 No Use $106.00 $191.00 $211.00 $275.00 No Use $138.00 $247.00 $275.00 $357.00 Courtyard $500.00 No Use $80.00 $120.00 $159.00 $199.00 No Use $100.00 $150.00 $199.00 $247.00 Theatre** (practice days) $1,000.00 to $1,500.00 No Use $106.00 $132.00 $132.00 $132.00 No Use $301.00 $301.00 $301.00 $301.00 Theatre** (perform days) $1,000.00 to $1,500.00 No Use $195.00 $243.00 $243.00 $243.00 No Use $301.00 $301.00 $301.00 $301.00 *As approved by the Community Services Director, deposit may be reduced if multiple rooms are rented. **Theatre: For extended periods of rental, negotiated fees may be approved by the Community Services Director. 1.6.5 Facility Equipment Use Fees (Neighborhood and Community Centers): Item Location*Fee Unit Additional Stage Piece (minimum 2)All Locations $25.00 Each per day Audio Mixing Console (portable)Central Park $150.00 Per event Basketball Court Flooring RC Sports Center $106.00 Per event Cocktail Table All Locations $15.00 Each per day Easel All Locations $5.00 Each per day Folding Chairs All Locations $3.00 Each per day Large Power (over 30 amps)All Locations $1.00 Per amp per day Microphone All Locations $25.00, max of $75 per week Each per day Microphone (lavalier)All Locations $25.00, max of $75 per week Each per day Page 153 Resolution No. 2021-129 - Page 8 of 13 Mobile Dry Erase Whiteboard All Locations $25.00 Each per day Outdoor Portable Heater (with propane)All Locations $75.00 Each per day Podium All Locations $25.00 Each per day Portable Bar All Locations $50.00 Each per day Portable Bluetooth Speaker with Wired Microphone All Locations $25.00 Each per day Projector (portable)All Locations $50.00, max of $150 per week Each per day Projector (mounted) with Built-In Screen Central Park Event Hall $75.00, max of $225 per week Each per day Public Address System (portable)All Locations $75.00 Each per day Screen (portable)All Locations $25.00 Each per day Stage Steps All Locations $25.00 Each per day Uplighting Central Park $50.00 Per Light *Subject to availability at facility location 1.6.6 Facility Equipment Use Fees (Victoria Gardens Cultural Center): Item Location Fee Unit Audio Mixing Console (portable)VG Cultural Center $150.00 Per event Cocktail Table with Black House Linen VG Cultural Center $30.00 Each per day Microphone (wireless) VG Cultural Center $50.00, max of $200 per week Each per day Orchestra Pit Conversion Lewis Family Playhouse $1,264.00 Per event Ottoman VG Cultural Center $200.00 Each per day Piano Tuning (upon request)VG Cultural Center $200.00 Per tuning Power - Large (over 30 amps)VG Cultural Center $1.00 Per amp per day Projector (portable)VG Cultural Center $50.00, max of $150 per week Each per day Projector (mounted) with Built-In Screen Celebration Hall $200.00, max of $600 per week Each per day Projector (LFP)Lewis Family Playhouse $300.00 Each per day Public Address System (portable)VG Cultural Center $175.00 Each per day Screen (portable)VG Cultural Center $50.00 Each per day Screen Dress Kit VG Cultural Center $100.00 Each per day Single Lighting Fixture VG Cultural Center $60.00 Per light Stage (portable) – Single 4’ x 8’ deck VG Cultural Center $50.00 Each per day Stage Package (portable)*VG Cultural Center $527.00 Per event Standard Facility Audio / Visual*VG Cultural Center Included with rental Per event Votive with Tealight VG Cultural Center $0.25 Each per day *Listed fee is the minimum base rate. Base Rates are subject to change based on individual client needs, City staff recommendations, and availability of on-site equipment. 1.6.7 Customer Convenience Rental Options (All Locations): Easy Up All Locations Cost of Rental + 17% Each per day Page 154 Resolution No. 2021-129 - Page 9 of 13 Linen All Locations Established per use based on selection Per event Linen Cleaning Fee (black tablecloths) All Locations Cost of Rental + 17% Per piece Linen Napkins All Locations Cost of Rental + 17% Each per day Specialized AV or Rigging Equipment* VG Cultural Center Established per use based on type of equipment Per event Specialty Equipment Fee (equipment rented by City for customer use) VG Cultural Center Cost of rental + 17% Per event *Fees based on the cost of City staff renting the equipment from a vendor plus 17% overhead and convenience fee. Although the Industry standard is 20%, as the City is service based and not profit based 17% was calculated to be the amount needed to cost recover the staff time and facility overhead to arrange these options as a service to the rental client. 1.6.8 Packages Item Location Fee Unit Central Park Wedding Ceremony / Lecture Package Central Park Mesa Courtyard $527.00 Per event RC Sports Center Party Package RC Sports Center $317.00 Per event Baby Grand Piano and Tuning Package Lewis Family Playhouse $580.00 Each per day Basic Lighting Package*Celebration Hall $1,580.00 Per event Customized Monogram Gobo Package VG Cultural Center $264.00 Per event Disco Ball Package Celebration Hall, Studio Theatre, Lewis Family Playhouse $211.00 Per event Outdoor Concert Sound Package*Imagination Courtyard $1,580.00 Per event Uplighting Package VG Cultural Center $50.00 Per light Upright Piano and Tuning Package VG Cultural Center $422.00 Each per day VGCC Wedding Ceremony Package* VG Cultural Center $1,791.00 Per event 1.6.9 Service Fees (Victoria Gardens Cultural Center): Item Location Fee Unit In-house Beverage Service VG Cultural Center Based on order Per event Merchandise Sales by Vendors VG Cultural Center 10% – 30% (as negotiated) Per event Marketing E-Newsletter Inclusion VG Cultural Center Based on quantity Per email Marketing Freestanding Poster VG Cultural Center $50.00 Per week Marquee- Artwork Setup fee VG Cultural Center $75.00 Per slide Marquee- Exclusive Use VG Cultural Center $250.00 Per hour Marquee- Turn off VG Cultural Center $75.00 Per hour Marquee- Intermittent inclusion of one slide in the weekly schedule VG Cultural Center $250.00 Per week Marquee- Additional slide added to scheduled rotation VG Cultural Center $35.00 Per slide Box Office Services VG Cultural Center $250.00 Per event Ticket Printing Only VG Cultural Center $75.00 Per event Ticket Handling Fee (School Shows) VG Cultural Center $0.50 Per ticket Page 155 Resolution No. 2021-129 - Page 10 of 13 Ticket Handling Fee (Produced Shows) VG Cultural Center $1.00 Per ticket Ticket Handling Fee (Specialty Series) VG Cultural Center $1.50 Per ticket Ticket Handling Fee (Other Uses & Rentals) VG Cultural Center $2.00 Per ticket Ticket Exchange Fee VG Cultural Center $2.00 Per ticket Ticket Internet Fees VG Cultural Center $2.00 + web host fees, not to exceed $6.00 per ticket Per order Ticket Mailing Fee VG Cultural Center $1.50 Per ticket Ticket Reprint Fee VG Cultural Center $2.00 Per ticket 1.7 OUTDOOR PARK FACILITY RENTAL FEES 1.7.1 Community Softball Field and Soccer Field Rental Fees: Time Frame Rental Deposit Group 1 Group 2 Group 3 Group 4 Group 5 Field Rental (0 to 2 hours)$200.00 No Fee $30.00 $40.00 $79.00 $79.00 Field Rental (2 to 4 hours)$200.00 No Fee $60.00 $80.00 $131.00 $131.00 Field Rental (All day)$200.00 No Fee $120.00 $160.00 $210.00 $210.00 1.7.2 Miscellaneous Outdoor Facility Rental Fees: Item Location Fee Unit Additional Field Preparation Fee Epicenter Sports Fields Actual Costs Per field Lighted Sports Venue Fee (All Community Services Department approved youth sports organizations) All Lighted Fields As determined by the Public Works Services Department Per field, per hour Lighted Sports Venue Fees (all other sports organizations)All Lighted Fields As determined by the Public Works Services Department Per field, per hour Specialized Entertainment Equipment Permit Fee (Moon Bounce/Inflatable House, etc) All Parks and Fields (excluding Epicenter)$27.00 Each per event Stadium Light Fee Epicenter Stadium As determined by the Public Works Services Department Per hour Tournament Light Fee Epicenter Softball Fields $300.00 Per day Tournament Vendor Fee Epicenter Sports Fields $100.00 Per vendor, per tournament Page 156 Resolution No. 2021-129 - Page 11 of 13 1.7.3 Park Maintenance Fee: Location Unit Group 1 Group 2 Group 3 Group 4 Group 5 Parks, Special Event Areas Per each rental transaction No Fee $3.00 $3.00 $6.00 $6.00 Sports Fields Per field per day No Fee $20.00 $20.00 $40.00 $40.00 1.7.4 Park Shelter Rental Fees: Picnic Shelters Group 1 Group 2 Group 3 Group 4 Group 5 Small Shelter (3 hour)No use $39.00 $54.00 $69.00 $87.00 Small Shelter (All Day)No use $104.00 $144.00 $184.00 $230.00 Large Shelter (3 hour)No use $57.00 $75.00 $93.00 $117.00 Large Shelter (All Day)No use $152.00 $200.00 $248.00 $310.00 1.7.5 Special Event Area Rental Fees: Site Unit Group 1 Group 2 Group 3 Group 4 Group 5 Red Hill Community Park Per hour No use $78.00 $105.00 $157.00 $157.00 Heritage Community Park Per hour No use $53.00 $78.00 $105.00 $105.00 Central Park Grass Bowl Per hour No use $78.00 $105.00 $157.00 $157.00 Central Park Bridge Per hour No use No Fee $53.00 $78.00 $78.00 Central Park Pavilion Per hour No use $35.00 $47.00 $59.00 $59.00 PET Staging Area Per hour No use $26.00 $53.00 $105.00 $105.00 1.8 EPICENTER SPORTS COMPLEX RENTALS 1.8.1 Epicenter Filming and Photography Rental Fees: Item Location Fee Unit Film Permit Epicenter As determined by the Planning Department Per event Filming/Photography Deposit Epicenter 25% of total rental fee Per event Filming in the Epicenter Stadium Epicenter Stadium $3,000 to $6,000 depending on filming requirements, plus actual costs for City services. Per day Page 157 Resolution No. 2021-129 - Page 12 of 13 Filming in a Parking Lot Epicenter Parking Lots and Special Events Area $1,000 to $3,000 depending on filming requirements, plus actual costs for City services. Per day Still Photography (Commercial / For Profit purposes)Epicenter $500 to $2,000 depending on photography requirements, plus actual costs for City services. Per day Still Photography (Not for Commercial / For Profit purposes) Epicenter $250.00 to $500.00 depending on photography requirements, plus actual costs for City services. Per day 1.8.2 Epicenter Parking and Special Event Area Rental Fees: Site Deposit With Stadium Rental Without Stadium Rental Additional Move- In / Move-Out Days Parking Lot A 25% of total rental fee $300.00 per day $700.00 per day 50% of Daily Event Rental Rate Parking Lot B 25% of total rental fee $300.00 per day $700.00 per day 50% of Daily Event Rental Rate Parking Lot C 25% of total rental fee $300.00 per day $700.00 per day 50% of Daily Event Rental Rate Parking Lot D 25% of total rental fee $200.00 per day $500.00 per day 50% of Daily Event Rental Rate Parking Lot G (front only) 25% of total rental fee $300.00 per day $700.00 per day 50% of Daily Event Rental Rate Special Event Area (grass area between parking lots A and B) 25% of total rental fee $100.00 per hour $100.00 per hour 50% of Daily Event Rental Rate 1.8.3 Epicenter Sports Fields Rental Fees: WEEKDAY AND WEEKEND HOURS CITY HOLIDAY HOURS Time Frame Rental Deposit Group 1 Group 2 Group 3 Group 4 Group 5 Group 1 Group 2 Group 3 Group 4 Group 5 Field Rental (0 to 2 hours)$400.00 $53.00 $53.00 $158.00 $158.00 $158.00 $78.00 $78.00 $236.00 $236.00 $236.00 Field Rental (2 to 4 hours)$400.00 $105.00 $105.00 $262.00 $262.00 $262.00 $157.00 $157.00 $393.00 $393.00 $393.00 Field Rental (All day)$400.00 $210.00 $210.00 $367.00 $367.00 $367.00 $315.00 $315.00 $551.00 $551.00 $551.00 Page 158 Resolution No. 2021-129 - Page 13 of 13 1.8.4 Epicenter Stadium (LoanMart Field) Rental Fees: Deposit Event Category 1 Event Category 2 Event Category 3 Additional Move-In / Move-Out Days No. of Event Attendees -500 or less 501-1,999 2,000+- Stadium Rental (Includes café areas) 25% of total rental fee $1,500 per day $2,500 per day $4,000 per day 50% of Daily Event Rental Rate Sky Box Rental (Available with Stadium Rental only) 25% of total rental fee $50.00 per hour $50.00 per hour $50.00 per hour 50% of Daily Event Rental Rate Pavilion (3rd base)25% of total rental fee $75.00 per hour $75.00 per hour $75.00 per hour 50% of Daily Event Rental Rate Plaza (1st base)25% of total rental fee $85.00 per hour $85.00 per hour $85.00 per hour 50% of Daily Event Rental Rate Page 159 FEE ADJUSTMENTS FOR VARIOUS CITY DEPARTMENTS Public Hearing December 1, 2021 BACKGROUND Fees are reviewed and updated each year. The following departments are participating in fee revisions this year: •Community Services •Engineering Services •Planning COMMUNITY SERVICES Updated Fees: •Optional equipment rentals increased to reflect market rates •Group 5 fees added to park shelter rentals •Equipment rental fees restructured from a flat fee to a “cost plus overhead” model New Fees: •Partial Hall fee added at Central Park •Day Porter fee added •Microphone & Projector fees capped for weekly rental ENGINEERING SERVICES/RCMU Deleted fees: •Special Appointment Turn-on Charge •Fund Verification Fee •Re-Read/Second Request within Six Months •Appointment Based Meter Reads •Monthly Rental of Remote Metering to Resolve Access Issues ENGINEERING SERVICES/RCMU Updated fees: •Service Reconnection Charge •Trip Charge for Field Visits •Temporary Turn Off for repairs •Generating Facility Interconnection Plan Check and Inspection New fee: •Meter Installation fee (partial cost recovery) PLANNING New fee: •TDR Program Application Fee Updated fees: •Conditional Use Permit/Minor Use Permit •City Council Review PUBLIC OUTREACH Outreach efforts of the proposed fee changes include: •Planning fee updates were provided to the Building Industry Association (BIA). •Notice of Public Hearing was advertised in the newspaper twice. •Fee Cost Analysis has been available for viewing in the City Clerk’s Office and on the City’s Websiet since November 18th. EFFECTIVE DATES OF FEES Proposed fees will become effective on the following dates: •Community Services •January 1, 2022 •Engineering Services/RCMU •January 2, 2022 •Planning •January 30, 2022, 60 days from adoption of the resolution RECOMMENDATION Staff recommends the City Council take the following actions: •Conduct the public hearing and adopt Resolutions 2021-129 to revise or adopt user fees for Community Services, Engineering Services/RCMU, and Planning. QUESTIONS? DATE:December 1, 2021 TO:President and Members of the Board of Directors FROM:John R. Gillison, City Manager INITIATED BY:Jennifer Nakamura, Management Analyst II Lori Sassoon, Deputy City Manager/Administrative Services SUBJECT:Public Hearing to Consider First Reading of Ordinance No. 991, to be Read by Title Only and Waive Further Reading, Adding Chapter 3.76 to the Rancho Cucamonga Municipal Code to Establish a Non-Residential Affordable Housing Development Impact Fee, and Resolution 2021-131, Establishing Non-Residential Affordable Housing Development Impact Fees. (ORDINANCE NO. 991) (RESOLUTION NO. 2021-131) (CITY) RECOMMENDATION: Staff recommends that the City Council continue the hearing to December 15, 2021. BACKGROUND: Development Impact Fees are one-time fees paid by new development to fund the cost of providing services to serve that development. This authorization exists through the enactment of the California Government Code sections 66001 through 66025, also known as the Mitigation Fee Act. The Mitigation Fee Act is based on the concept that new development has to mitigate its own impacts to the system. ANALYSIS: Staff has been in contact with key development stakeholders for several since early November. Recently, one of our industrial development associations requested an additional two weeks to engage in further analysis and discussion. Therefore, we are recommending this item be continued to December 15, 2021. FISCAL IMPACT: None by this continuance. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: None by this continuance. ATTACHMENTS: None. Page 160 DATE:December 1, 2021 TO:President and Members of the Board of Directors FROM:John R. Gillison, City Manager INITIATED BY:Ivan Rojer, Fire Chief Mike McCliman, Deputy Fire Chief Darci Vogel, Fire Business Manager SUBJECT:Consideration to Approve Actions Related to the Acquisition of 8234 Almond Street. (FIRE) RECOMMENDATION: Staff recommends that the Fire Board ratify the Board President’s execution of an agreement with the County of San Bernardino and The Jane Anne Morgan Revocable Living Trust Dated September 18, 2019 to purchase 8234 Almond Street (Assessor Parcel Number 1061-172-19). BACKGROUND: In 2015 the City and District first began discussions with Jane Morgan about the possibility of purchasing 8234 Almond Street (APN 1061-172-19) to assist with a trailhead or trail host concept for Cucamonga Canyon. The property is approximately 5.25 acres and is situated near Cucamonga Canyon in the northwest portion of the City. Although not initially fruitful, the City and District maintained regular communications. Subsequently, in August 2021, the Fire District and County of San Bernardino met with the property owners who expressed an interest in selling the property as soon as possible. The San Bernardino Council of Governments, in partnership with the United States Forest Service, has prepared a Final Draft Cucamonga Canyon Management Plan (Plan) dated October 15, 2020, of which the County is a participant. The purpose of the Plan is to provide “… direction and guidance for the protection of the natural and cultural resources of the canyon, as well as allowing continued public access to the area.” One of the elements of the Plan is to establish a single consistent trail and method of parking for public use. The Plan identifies the property as one potential option for a trailhead and parking. The County and Fire District determined it would be agreeable to acquire and use the property for either the potential purpose defined in the Plan or one or more of a number of other potential public projects. The site is ideal as a base of operations for the Cucamonga Foothill Preservation Alliance who provides volunteer services including trail guides, trail information and trail cleanup in Cucamonga Canyon. Additionally, the site is uniquely situated to serve as a base of operations for a fire or public safety facility, or during an emergency, because of its location and proximity to Cucamonga Canyon. As such, it was determined that the County would contribute to this endeavor by purchasing the property and then conveying it to the Fire District at no purchase price. The Fire District will be responsible for carrying out any future projects and be solely responsible for future costs. Page 161 Page 2 1 0 4 5 ANALYSIS: The Fire District requested the County, through the County’s Real Estate Services Department (RESD), take the lead on drafting an agreement and managing the transaction. RESD reviewed the requested purchase price for the property and determined that it is reasonable. The acquisition and future use of this property for a public purpose was reviewed pursuant to the California Environmental Quality Act (CEQA) and determined to be categorically exempt from further environmental review in accordance with Section 15061(b)(3) of the CEQA Guidelines. As provided above, the property is identified as one potential site for a trailhead and parking lot in the Plan, but the Fire District has not prepared plans for such uses or made any decision to use the property for such purposes, and the Fire District is not required to use the property for such purposes pursuant to this Agreement. Upon Fire District’s acquisition of the property from the County, the Fire District shall use the property for such public purposes as may be determined by the Fire District in its sole discretion consistent with Government Code section 26227. If the Fire District determines in its sole discretion to develop or make any improvements to the property, the Fire District shall comply with CEQA at such time as the plans for the use and development of the property are determined by the Fire District. In the event that (a) no improvements or development of the property for such public purposes are commenced within 24 months after the date of the conveyance of the property to the Fire District, or (b) the property is used for purposes other than supporting the social needs of the County consistent with Government Code section 26227, or (c) the Fire District sells, leases or otherwise conveys, or attempts to sell, lease or otherwise convey, the property to another person or entity prior to the completion of the development or improvement of the property for the purposes required herein, title to the property shall automatically revert from the Fire District to the County for no consideration, without any action required on the part of County, and Fire District shall promptly and duly execute, notarize, and deliver to County a quitclaim deed conveying to County all right, title and interest of Fire District in the property. Given the need to complete the sale of the property by December 31, 2021, the Board President executed the agreement with the County on November 15, 2021. It is recommended that the Fire Board ratify these actions. The agreement is on file with the City Clerk. FISCAL IMPACT: There is no fiscal impact at this time as the County is purchasing the property and then conveying it to the Fire District at no cost. The Fire District will be responsible for future improvements to this property which will be considered as part of the FY 2022-23 budget process. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item addresses the City Council’s core value of promoting and enhancing a safe and healthy community for all, as well as intentionally embracing and anticipating the future. This item also incorporates working together cooperatively and respectfully with stakeholders and other organizations. ATTACHMENTS: Attachment 1 – APN Map Attachment 2 – Aerial Map Attachment 3 – Property Pictures Page 162 THIS MAP IS FOR THE PURPOSE OF AD VALOREM TAXATION ONLY. July 2004 = G. L. 4 - tj­ tj- Ptn. N.1/2, Sec.21, T.1N.,R.7W., S.B.B.&M. Ptn Parcel Mop No. 5505, P.M. 61/64-65 Ptn. Poree I Mop No. 5671, P .M. 54/51-52 Parcel Mop No. 4013, P.M. 37/32-33 tj- tj-��� 440 GOV. LOT 2 ;;'; -. co co "' "' co co - Par. 3 @ 23.513 AC. 3 79 5 6 Par. @ 710.94 1 <D N � co co 5.75 AC. \ '\:'\ \\ \\ �- �-385,37 --- - - - --SfRtH -3� - City of Rancho Cucamonga Tax Rate Area 15003 2061. 02 I I PT N GOV I I I I I 5 2 3. 3 1 - ...- n "' N 1�,��'l. 356 � J· ��® ® LOT Assessor's Map Book 1061 Page 17 San Bernardino County 1061 -1 7 1" = 3 0 0' I 1 387.79 REVISED ATTACHMENT 1 Page 163 LOCATION MAP 8234 Almond Street, Rancho Cucamonga, CA 91701 APN 1061-172-19 ATTACHMENT 2 Page 164 PROPERTY PICTURES, 8234 ALMOND STREET (11/17/2021) Pool near center of property Mobile home near NE corner ATTACHMENT 3 Page 165 SW Corner NE Corner Page 166 ACQUISITION OF “MORGAN RANCH” 8234 Almond Street December 1, 2021 BACKGROUND 8234 Almond Street •Property is approximately 5.25 acres and is situated near Cucamonga Canyon in the northwest portion of the City. Cucamonga Canyon Management Plan •Purpose is to provide direction and guidance for the protection of the natural and cultural resources of the canyon, as well as allowing continued public access to the area •Property identified as a potential option for a trailhead and parking BACKGROUND Property Location •Ideal as a base of operations for the Cucamonga Foothill Preservation Alliance (CFPA) who provides volunteer services including trail guides, trail information and trail cleanup in Cucamonga Canyon. •Uniquely situated to serve as a base of operations during an emergency due to its location and proximity to Cucamonga Canyon Discussions with Property Owner •2015 -City and District first began discussions with property owner. •August 2021 -District and County of San Bernardino met with the property owners who expressed an interest in selling the property as soon as possible. Partnership with the County •County purchasing the property and then conveying it to the District at no cost •District responsible for carrying out any future projects and related costs Purchase Agreement •November 15th -Board President executed the purchase agreement with the County and property owner •Sale of property required to be completed by end of 2021. PROPERTY ACQUISITION NEXT STEPS: HAZARD MITIGATION Mobile Home Pool NEXT STEPS: PRELIMINARY SITE WORK QUESTIONS? DATE:December 1, 2021 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Sean McPherson, AICP, Senior Planner SUBJECT:Receive Presentation on Senate Bill 9 and Provide Direction to Staff on Responding to Upcoming SB 9 Regulations. (CITY) RECOMMENDATION: Staff recommends that the City Council receive and file the report and provide direction to staff on regulations to implement SB 9. BACKGROUND: In response to the housing shortage and affordability crisis, on September 16, 2021, Governor Gavin Newsom signed into law Senate Bill (SB) 9. SB 9, which takes effect January 1, 2022, req uires the ministerial approval of two types of projects within single-family residential zones: two- lot subdivisions (known as “Urban Lot Splits”), and residential development projects of up to 2 units per lot (“Two- Unit Projects”), subject to certain qualifying criteria. Because SB 9 requires that these applications be approved on a ministerial basis, the City cannot hold public hearings or consider subjective factors, such as aesthetics and neighborhood character, for qualifying applications which meet basic criteria. In short, this legislation makes it possible for there to be up to 4 units constructed on a single-family zoned lot where only one single family residence previously existed, inclusive of Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU). ANALYSIS: Applicant-property owners now can further develop single-family residential lots by applying for an Urban Lot Split, a Two-Unit Project, or both an Urban Lot Split and Two-Unit Project, subject to certain qualifying criteria and the project meeting specific standards as discussed below: Qualifying Criteria and Standards for Urban Lot Splits: Proposed adjacent or connected structures must meet building code safety standards and are sufficient to allow separate conveyance. The applicant-owner must sign an affidavit stating that the owner intends to occupy one of the housing units as the owner’s principal residence for at least 3 years following the lot split. Community land trusts and qualified nonprofit corporations are exempt. No other owner-occupancy requirement is allowed. The minimum lot size of the new parcels is 1,200 square feet, and the new lots must be approximately equal in size with no lot being less than 40 percent of the original lot size. For example, if an existing 10,000 square foot lot is subdivided under SB 9, the maximum Page 167 Page 2 1 0 3 0 split could be 6,000 square feet for one new resultant lot and 4,000 square feet for the other resultant lot. The City cannot require: o Dedication of right of way o Construction of offsite improvements o Correction of nonconforming zoning conditions The City may require, as conditions of approval: o Easements for public services and facilities o Access to the public right-of-way o Other objective development standards as described below For Two-Unit Projects: For units connected to an on-site septic system, the City may require a percolation test completed within the last 5 years or, if the percolation test has been recertified, within the last 10 years. Objective development standards as described below. In addition, SB 9 establishes general provisions which are applicable for BOTH scenarios: Zoning – Parcels must be zoned single-family residential and be located within a city any part of which includes an “Urban Cluster” or “Urbanized Area“ as defined by the US Census Bureau. Rancho Cucamonga is located within an Urban Cluster, thus single- family residential zones within the City are subject to the provisions of SB 9 which include the Very Low, Low, Open Space and Hillside Residential zoning districts. Standards – The City may impose objective zoning and subdivision standards, provided such objective standards do not prevent the construction of either of the two units being less than 800 square feet in floor area. Setbacks - No setbacks are required for an existing structure or a structure constructed within the f ootprint of the original structure. In other circumstances, the City may require four- foot side and rear yard setbacks. The City can apply its own objective front setback, provided that the front setback does not prevent the development of at least two units of at least 800 square feet each. Parking – One off-street parking space per unit may be required, unless the project is within a half-mile walking distance of a high-quality transit corridor or a major transit stop or, within one block of car share. Short term rentals - Any unit created as a result will not be used for short-term rentals and must be rented for a term longer than 30 days. Urban Lot Split AND Two-Unit Project - SB 9 allows for the simultaneous application of both an urban Lot Split and Two-Unit project. In this scenario, no Accessory Dwelling Units (ADU) or Junior Accessory Dwelling Units (JADU) may be permitted to be constructed. Restrictions, Limitations and Reporting Obligations: While SB 9 limits the City’s ability to enact discretionary authority, the legislation establishes certain limitations on new development. For example: Affordable and Rental Housing Restrictions - The Urban Lot Split or Two-Unit Project shall not involve the demolition or alteration of affordable housing, rent-controlled housing, housing that was withdrawn from the rental market within the last 15 years or housing occupied by a tenant (market-rate or affordable) in the past 3 years. Lot Locations – Subject parcels cannot be within the following areas: o Designated historic district / a historic landmark Page 168 Page 3 1 0 3 0 o Wetlands o Farmland o Hazardous waste site (unless the site has been cleared for residential use/mixed- use by the State – Public Health Department, Water Resources Control Board, or Toxic Substance Control) o Earthquake fault zones (unless the development complies with applicable seismic protection building code standards) o Lands under conservation easement o Habitat for protected species o FEMA Flood Plain (unless the site is subject to a FEMA map revision, or if the state meets requirements for minimum flood plain management criteria) o High Fire Hazard Severity Zone (unless the site has been excluded from the hazard zone by the City or if the proposed project incorporates fire hazard mitigations measures pursuant to certain building and fire code standards. Housing Element Report – The City must report the number of units developed pursuant to SB 9’s authority in its annual housing element report. The City must report the number of applications for urban lot splits in its annual housing element report. SB 9 and the California Environmental Quality Act (CEQA): Because applications subject to SB 9 are approved ministerially, CEQA does not apply, and the bill creates a new statutory exemption for an ordinance adopted to implement SB 9. Potential Impact to Rancho Cucamonga: In order to determine the potential impact that SB 9 may have upon the City of Rancho Cucamonga, staff analyzed the number of existing single-family residential zoned parcels in the City. According to the City’s ArcGIS data, there are approximately 23,658 parcels within Rancho Cucamonga between the Very Low, Low, Open Space and Hillside Residential zoning district which are eligible for development under SB 9 under either an Urban Lot Split or a Two Unit Project or both. The table below details the breakdown of the location of these parcels by Planning Communities as described in the pending PlanRC General Plan. Planning Communities Approximate Number of SB 9 Eligible Parcels (Lot Split or Two Unit Project) Alta Loma 11,864 Central North 1,198 Cucamonga 5,275 Eastside 105 Etiwanda 4,574 Red Hill 642 Totals 23,658 As discussed above, certain restrictions and limitations apply to single-family residential zoned parcels which prevent further development under SB 9. For example, parcels which are improved with historic landmarks are not eligible for further development under SB 9. Also, parcels located within certain environmentally sensitive areas such wetlands and farmlands are prohibited from accommodating further development under SB 9. Further, properties located within Very High Fire Severity Zones (VHFSZ) are also prohibited from further developing under SB 9 unless the applicant-owner meets a strict set of standards for development. Similar exceptions are applicable Page 169 Page 4 1 0 3 0 to Earthquake Fault Zones, FEMA Flood Plains, and Hazardous Waste Sites. Staff notes that there are a minor number of parcels within the fault zones and flood plain within the City. So, while these parcels could technically be developed under SB 9, there would generally be additional regulations with which applicants and property owners would have to comply. Beyond this, there are also practical and financial factors which applicants and property owners must consider. For example, while a lot may technically be eligible for a 50/50 or 60/40 Urban Lot Split, the location of existing structures and buildings on a property might complicate a lot split or render a lot split impractical or financially infeasible. For example, an existing single-family residence which may be located in the center of a lot may be required to be demolished so that an applicant can achieve the maximum 60/40 lot split. The cost of demolishing a single-family home just to accommodate a lot split may be impractical or infeasible for a property owner or applicant. Thus, the numbers provided in this report represent an approximate “worst-case scenario” in terms of the number of lots that could be further developed under SB 9. It is also important to note that certain properties may be prohibited from further developing due to an inability to meet certain building code requirements. For example, the City has adopted a Local Agency Management Plan (LAMP) which regulates onsite water treatment systems (i.e., septic systems). Rancho Cucamonga’s LAMP limits the size of parcels on septic systems which can be subdivided to 20,000 square feet. Any lot less than 20,000 square feet which is on a septic system pursuant to Rancho Cucamonga’s LAMP is ineligible to further subdivide that parcel under SB 9, but may be able to accommodate a Two Unit Project. Thus, while the total number of parcels affected by SB 9 is anticipated to be approximately 23,658, the number of parcels which may ultimately be developed under SB 9 could be lower. Policy and Development Code Considerations: Considering the number of parcels which may be eligible for development under SB 9, and especially considering any impact this new development may have upon existing single-family residential neighborhoods within Rancho Cucamonga, staff is exploring potential regulations which may be implemented in order to ensure that SB 9 is implemented in an appropriate and legally defensible manner that carefully considers public health, safety and welfare in the City. Potentially, development under SB 9 could have the potential to cause specific adverse impacts, such as additional traffic which could exacerbate existing access and emergency response constraints within certain neighborhoods where access, circulation and parking may be deficient or limited (i.e., dead-end streets within Very High Fire Severity Zones, neighborhoods where roads do not meet minimum width standards, etc.). Consequently, implementing SB 9 regulations in areas such as these could negatively affect the health, safety and welfare of the public. Further, SB 9 could also impact the availability of services in existing single-family residential neighborhoods by facilitating the creation of lots and construction of units which are inconsistent with utilities in existing single-family residential neighborhoods. It is critical that the City prevent any public health and safety impacts that may arise under this new requirement. Maintaining the quality, livability and safety of existing single-family residential neighborhoods throughout the City is a critically important community objective, as evidenced by both the 2010 General Plan and the pending PlanRC General Plan. To address such concerns, staff recommends that the City Council consider approving further research into the following areas, subject of course to compliance with the provisions of SB 9: Objective Standards for Zoning: Consider adopting objective zoning standards to ensure Page 170 Page 5 1 0 3 0 that SB 9 development does not adversely impact existing single-family residential neighborhoods. For example, the City could require that structures have a maximum square footage with a minimum width so that they give an appearance of a standard single-family structure as viewed from the street. Further, the City could also require that all other structures built pursuant to SB 9 be screened from the street, that buildings be no taller than one story, and that basements, when proposed, be counted in the square footage of the structure. Objective Standards for Subdivisions: Regarding subdivisions, and to minimize impacts to existing single-family residential neighborhoods, the City could consider requiring that new lot lines be parallel to the street and that access to the back of lots be solely from alleys, except for properties which have no alleys. Again, the configuration of existing structures on a lot may be a practical matter for applicants and property owners, as Urban Lot Splits may necessitate the demolition of an existing single-family home which may be impractical for many individuals. Historic District: SB 9 does not apply to properties located within historic districts and although Rancho Cucamonga is not an old city, we do have areas of historic significance which should be carefully studied to determine if further protections are appropriate. Very High Fire Severity Zones: SB 9 prohibits urban lot splits and two-unit development within Very High Fire Severity Zones, unless certain standards are met. Staff notes that additional development within Very High Fire Severity Zones could result in impacts to the public health, safety and welfare, particularly in those areas within Very High Fire Severity Zones where parking and access may be limited, or roadways may be deficient in meeting current standards. To address these concerns, the City could consider implementing additional regulations relative to SB development within Very High Fire Severity Zones. Public Health and Safety Considerations: The City may deny a proposed SB 9 development, including subdivisions, provided that the building official makes certain findings that the project would have specific adverse impacts which cannot be mitigated. An example of this could be that utilities in certain neighborhoods may not be sized properly for multi-family development. In the event that it is found that additional SB 9 units were to cause a neighborhood to exceed utility capacity, this could prohibit additional units within certain neighborhoods as this might be an impact that could not be mitigated. In this case, the City might consider researching where existing neighborhoods may be at, or near, utility capacity and consider prohibiting SB 9 development in these areas. SB 9 Units as Affordable Housing: Both the 2010 General Plan and pending PlanRC General Plan promote the development of a variety of housing types for the purposes of facilitating the creation of affordable housing. As such, the City may consider adopting an inclusionary housing ordinance which requires that SB 9 units be deed restricted as affordable units to further the important local and statewide goals of increasing the availability of affordable housing. Next Steps: Upon receiving direction from the City Council, staff intends to research the above considerations, as well as any other offered by Council, and return to the Council sometime in the first quarter of 2022 with Development Code Amendments which maintain compliance with SB 9 regulations, but which also appropriately protect the public health, safety and welfare of the City’s high quality residential neighborhoods. FISCAL IMPACT: There is no fiscal impact associated with this report. Moving forward, the implementation of SB 9 regulations could result in fiscal impacts associated with additional dwelling units. There could be property tax implications as well from the creation of additional lots and residential housing stock. Page 171 Page 6 1 0 3 0 COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: SB 9 is a significant piece of legislation which will soon affect communities throughout California and pose significant regulatory and policy challenges at the local level. Staff’s goal is to regulate and administer SB 9 development while minimizing any adverse impact to the public health, safety and welfare of the community. As such, staff is fulfilling the City Council’s core value of “actively seeking and respectfully considering all public input” by soliciting input and direction from the City Council. ATTACHMENTS: None. Page 172 City Council December 1, 2021 Senate Bill 9 (SB 9) Project Background •September 16,2021 –Governor Newsom signs into law SB 9,which requires the ministerial approval of two types of projects within single- family residential zones:Urban Lot Splits and Two -Unit Projects; •These projects are now permitted,subject to certain criteria,without the need for public hearings and the City cannot consider subjective factors such as aesthetics and neighborhoods character; •January 1,2022 –SB 9 becomes effective. Analysis SB 9 projects are subject to certain qualifying criteria and standards for UrbanLotSplitsandTwo-Unit Projects: •Structures must meet building code safety standards; •Applicant-Owner Affidavit; •Minimum lot size of 1,200 square feet,and maximum of 60/40 split; •For units on septic systems,the City may require percolation tests; •Project must meet objective design standards i.e.setbacks). Other general provisions include: •Zoning –parcels must be zoned single-family residential; •Standards –the City may impose objective zoning and subdivision standards solongasthestandardspermitaunitofatleast800squarefeetinsize; •Parking –One off-street parking space per unit may be required,unless theprojectiswithinahigh-quality transit corridor or major transit stop; •Short-term rentals –SB 9 units cannot be used for short-term rentals ;minimum rental period must be longer than 30 days. Restrictions and Limitations Certain restrictions and limitations apply with the application of SB 9. For example: •Historic landmarks are not eligible for further development under SB 9; •Properties located within Very High Fire Severity Zones (VHFSZ) are also prohibited from further developing under SB 9 unless the applicant-owner meets a strict set of standards for development. Similar exceptions are applicable to Earthquake Fault Zones, FEMA Flood Plains, and Hazardous Waste Sites. •It is also important to note that certain properties may be prohibited from further developing due to an inability to meet certain building code requirements. Policy and Development Code Considerations •Objective Standards for Zoning and Subdivisions -Consider adopting objective zoning andsubdivisionstandardstoensurethatSB9developmentdoesnotadverselyimpactexistingsingle-family residential neighborhoods. •Historic District:the City has areas of historic significance which should be carefully studied todetermineiffurtherprotectionsareappropriate. •Very High Fire Severity Zones:City could consider implementing additional regulations relativetoSB9developmentwithinVeryHighFireSeverityZonesinthoseinstanceswhereaccess(i.e.,deficient roadways)may pose threat to public safety. •Public Health and Safety Considerations:City might consider researching where existingneighborhoodsmaybeat,or near,utility capacity and consider prohibiting SB 9 development intheseareas. •SB 9 Units as Affordable Housing:City may consider adopting an inclusionary housing ordinancewhichrequiresthatSB9unitsbedeedrestrictedasaffordableunitstofurthertheimportantlocalandstatewidegoalsofincreasingtheavailabilityofaffordablehousing. Next Steps Upon receiving direction from the City Council, staff intends to: •Analyze considerations offered in this presentation; •Return to the City Council within Q1 2022 with recommendations on Development Code Amendments which both comply with SB 9 and which maintain the public health, safety and welfare of the City. DATE:December 1, 2021 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Lori Sassoon, Deputy City Manager Fabian Villenas, Principal Management Analyst Hope Velarde, Management Analyst I SUBJECT:Update Regarding State Redistricting by the California Redistricting Commission and its Potential Impacts on Rancho Cucamonga’s Representation in Congress and in the California State Legislature. (CITY) RECOMMENDATION: Staff recommends that the City Council urge all residents to support the City’s position to maintain the City of Rancho Cucamonga entirely under one Congressional, one State Assembly, and one State Senate district, within San Bernardino County. BACKGROUND: California must redraw the boundaries of its Congressional, State Senate, and State Assembly districts every ten years to reflect the updated census population data. California voters authorized the creation of the Commission when they passed the VOTERS FIRST Act in 2008. It authorized the Commission to draw the new district lines in conformity with strict, nonpartisan rules designed to create districts of relatively equal population that will provide fair representation for all Californians. The Commission holds public hearings and accepts public comment. After hearing from the public and drawing the maps for the Congressional districts, the State Senate and Assembly districts, and the Board of Equalization districts, the Commission must vote on the new maps to be used for the next decade, with the goal of finalizing maps by the end of this calendar year. ANALYSIS: The proposed maps released by the Commission unnecessarily bifurcate the City of Rancho Cucamonga. Unfortunately, the Northwest portion of Rancho Cucamonga is disenfranchised from effective representation with the rest of the City by being lumped into separate Congressional and State Assembly districts that are almost totally in Los Angeles County. For the State Senate, Rancho Cucamonga is split in half, over two districts, with the northern portion being part of the distant High Desert region of San Bernardino County. The affected Rancho Cucamonga residents have strong ties and a strong sense of identity with the rest of the Rancho Cucamonga community and the Inland Valley. There are virtually no commonalities between our residents and those of Los Angeles County and the remote mountain and desert areas of San Bernardino County, and the proposed Congressional, State Assembly Page 173 Page 2 1 0 5 5 and State Senate District Maps needlessly split our community and our neighborhoods, effectively nullifying their voices and opportunity for strong representation. The City has already submitted a letter to the Commission urging them to revise the proposed Congressional, State Assembly and State Senate District Maps to keep Rancho Cucamonga whole and entirely within San Bernardino County. City staff will share a presentation at the City Council meeting to provide additional details regarding the proposed maps, the community information, and action efforts to keep Rancho Cucamonga whole. FISCAL IMPACT: None. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item addresses City Core Values, “Providing and nurturing a high quality of life for all”, and “Equitable prosperity for all” because keeping Rancho Cucamonga whole aims to achieve these values by maintaining strong representation. ATTACHMENTS: Attachment 1 – Letter sent to the Commission Attachment 2 – Proposed Congressional, State Assembly, and State District Maps Page 174 November 18, 2021 California Citizens Redistricting Commission 721 Capitol Mall, Suite 260 Sacramento, CA 95814 RE: Proposed Congressional, State Assembly, and State Senate District Maps for the City of Rancho Cucamonga Dear Members of the California Redistricting Commission: On behalf of the over 177,000 citizens of the City of Rancho Cucamonga, I strongly urge the California Citizens Redistricting Commission (Commission) to reconsider its proposed Congressional, State Assembly, and State Senate District Maps and maintain the City of Rancho Cucamonga entirely under one Congressional, one State Assembly and one State Senate district., within San Bernardino County. The proposed maps released by the Commission show that a portion of Rancho Cucamonga will be under the VCD_RIASB_11, VAD_RCFR_1107 and VSD_POF_1107 respectively. Unfortunately, the Northwest portion of Rancho Cucamonga (bordered by Carnelian Avenue and the 210 freeway) which includes approximately 52,846 residents of Rancho Cucamonga’s population, is disenfranchised from effective representation with the rest of Rancho Cucamonga by being lumped into separate Congressional and State Assembly districts that are almost totally in Los Angeles County. For the State Senate, Rancho Cucamonga is split in half over two districts, with the northern portion being part of the distant High Desert region of San Bernardino County. Our concerns with the proposed District Maps include: • VCD-CD210_1107 Congressional District Map o It contains the northwest section of Rancho Cucamonga and neighboring communities of Upland and San Antonio Heights (both in San Bernardino County). It also includes Los Angeles County communities of Claremont, La Verne, San Dimas, Monrovia, San Marino, Temple City, Pasadena, Alta Dena, and La Canada Flintridge and San Bernardino County mountain communities of Wrightwood and Lytle Creek. Some of these communities, particularly in Los Angeles County, are more than 35 miles from Rancho Cucamonga and have no commonality or shared interest with the city. Also, the nature of the district as drawn will result in a primary focus in Los Angeles County with the residents of San Bernardino County having little voice or ability to influence policy. • VAD_210_1107 State Assembly District o It contains the northwest section of Rancho Cucamonga and neighboring communities of Upland and San Antonio Heights (both in San Bernardino County), it also includes Los Angeles County communities of Claremont, La Verne, San Dimas, Monrovia. Pasadena, and Alta Dena and San Bernardino County mountain communities of Wrightwood, Crestline, Lake Arrowhead, and San Bernardino. Some of these communities, particularly in Los Angeles County, are more than 35 miles from Rancho Cucamonga and have no commonality or shared interest with the city. This map includes Foothill and non-Foothill communities with true mountain communities and the divergence of interests, including how the National Forest is accessed and used, camping, fire management and transportation issues is extreme and will inevitably result in widely disparate opinions on these issues, making effective representation very difficult. Page 175 California Citizens Redistricting Commission November 18, 2021 Page 2 • VSD_ANTVICVAL_1107 State Senate District o It contains the northern portion of Rancho Cucamonga and includes the High Desert communities of Lytle Creek, Adelanto, Victorville, Hesperia, Barstow, Fort Irwin, Baker, Silver Lakes, and Pinon Hills. Some of these communities are more than 70 miles from Rancho Cucamonga and have virtually no commonality or shared interests with the city. The High Desert and the West Valley area of Rancho Cucamonga are extraordinarily different. One is more rural, the other is urban/suburban. One has much heavier industrial and commercial and the other is predominantly more open space and larger lots with farming and ranching. Clearly, the proposed Draft Maps do not meet the Commission’s stated criteria to respect counties, cities, communities of interest, and neighborhoods, where possible. In fact, the proposed Draft Maps bifurcate a substantial and well-established portion of our community and place it in with either a half-dozen prominent Los Angeles County communities or High Desert communities. The voices of our 52,846 residents that live in the Northwest area will be completely drowned out by the 713,180 voices in the proposed Congressional and Assembly Districts that overwhelmingly reside in Los Angeles County. For the Senate District, the voices of our 84,924 residents that live in the northern area will be completely drowned out by the 905,123 voices in the proposed Senate District that reside in the High Desert communities that extends all the way to the state line. The affected Rancho Cucamonga residents share little or no community interests with these communities located in Los Angeles County and minimal interests with the desert and mountain areas of San Bernardino County, particularly the remote areas near the state line. All municipal services for this area, including library, community services, community development, animal control, and others are provided by the City of Rancho Cucamonga. Law enforcement services are provided through a contract with the San Bernardino County Sheriff’s Department and fire and emergency response is provided by the Rancho Cucamonga Fire Protection District. The affected Rancho Cucamonga residents have strong ties and a strong sense of identity with the rest of the Rancho Cucamonga community and the Inland Valley. There are historical ties and communities of interest and the City has historically been all or mostly in one Senate, Assembly or Congre ssional district. There are virtually no commonalities between our residents and those of Los Angeles County and the remote mountain and desert areas of San Bernardino County, and the proposed Congressional, State Assembly and Senate District Maps needlessly split our community and our neighborhoods, effectively nullifying their voices and opportunity for strong representation. Rancho Cucamonga is a stable community, with modest infill population growth, and there is no logical reason to bifurcate the entire City needlessly along a freeway corridor that didn’t even get built until 20 years after the City’s incorporation. For these reasons, we respectfully request that the Commission keep Rancho Cucamonga whole and REVISE the Proposed Congressional, State Assembly and Senate District Maps to include the ENTIRE City of Rancho Cucamonga. Thank you for your consideration. Please feel free to call (909) 774-2006 if you require any further information or have any questions. Sincerely, L. Dennis Michael Mayor cc: City Council ATTACHMENT: Congressional, State Assembly, and State Senate District Maps Page 176 Congressional, State Assembly, and State Senate District Maps Congressional Map: VCD_CD210_1107 Page 177 State Assembly Map: VAD_210_1107 Page 178 State Senate Map: VSD_ANTVICVAL_1107 Page 179 Supplemental State Senate Map: VSD_ANTVICVAL_1107 Page 180 State Redistricting by the California Commission and its Potential Impacts on Rancho Cucamonga's Representation in Congress and in the California State Legislature Background •California must redraw the boundaries of its Congressional, State Senate, and State Assembly districts every 10 years, to reflect the updated census population data. •The Commission, through a series of public hearings and public comments, draws new district lines. Congressional Draft Map State Assembly Draft Map State Senate Draft Map Why does it matter? There are no commonalities between our residents and those of Los Angeles County and the remote mountain and desert areas of San Bernardino County. The special needs of our uniquely diverse city need effective representation and only get diluted when lumped into Districts with competing priorities. •The City submitted a letter on November 18, 2021 to the Commission urging they revise the proposed maps and keep Rancho Cucamonga whole, entirely within San Bernardino County. •Council provided comments at a Commission meeting. City Efforts Social Media Cam paign Tim eline •December 2021 -Possible additional draft District Maps Released •No later than December 23, 2021 -Display of Commission Approved Final Maps •No later than December 27, 2021 -Final District Maps Certified to Secretary of State Call to Action CALL (877)853-5247 to provide your feedback during the public comment period. Be sure to enter Code: 884 6542 9407 and then *9 to get in the queue. VISIT www.WeDrawTheLinesCA.org/contact and fill out the Community Input Form EMAIL your feedback to: votersfirst@crc.ca.gov Questions?