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Home My WebLink About2023/06/21- Regular MeetingMayor L. Dennis Michael Mayor Pro Tem Lynne B. Kennedy Members of the City Council: Ryan A. Hutchison Kristine D. Scott Ashley Stickler CITY OF RANCHO CUCAMONGA REGULAR MEETING AGENDA June 21, 2023 10500 Civic Center Drive Rancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCIL HOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLIC FINANCE AUTHORITY CLOSED SESSION TAPIA CONFERENCE ROOM 4:30 P.M. REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M. The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. It is the Intent to conclude the meeting by 10:00 p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings of meetings can be found at https://www.cityofrc.us/yourgovernment/citycouncilagendas or by contacting the City Clerk's Office at 9097742023. Live Broadcast available on Channel 3 (RCTV3). Any documents distributed to a majority of the City Council regarding any item on this agenda after distribution of the agenda packet will be made available in the City Clerk Services Department during normal business hours at City Hall located at 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. In addition, such documents will be posted on the City’s website at https://www.cityofrc.us/yourgovernment/citycouncilagendas. CLOSED SESSION – 4:30 P.M. TAPIA CONFERENCE ROOM ROLL CALL: Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott and Stickler A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) C. CITY MANAGER ANNOUNCEMENTS D. CONDUCT OF CLOSED SESSION D1.CONFERENCE WITH LABOR NEGOTIATORS JENIFER PHILLIPS, DIRECTOR OF HUMAN RESOURCES; ROBERT NEIUBER, SENIOR HUMAN RESOURCES DIRECTOR; AND NOAH DANIELS, FINANCE DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 AND FIRE MANAGEMENT EMPLOYEES GROUP. (CITY/FIRE) D2.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8408 ROCHESTER AVENUE, RANCHO CUCAMONGA, CA 91730 (RANCHO CUCAMONGA EPICENTER STADIUM); AGENCY NEGOTIATORS: JOHN GILLISON AND ELISA COX, REPRESENTING THE CITY OF RANCHO CUCAMONGA; NEGOTIATING PARTY: RANCHO BASEBALL LLC; REGARDING PRICE AND TERMS OF PAYMENT. (CITY) D3.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE'S INC. V. CITY OF RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASE NO. 5:20CV02506JGBSP (CITY) D4.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF CIVIC CENTER DRIVE AND HAVEN AVENUE IDENTIFIED AS PARCEL NUMBER 0208331400000; AND 0208331470000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER AND MATT BURRIS, DEPUTY CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA; AND JASON TOLLESON, COFOUNDER, PRINCIPAL SERRANO DEVELOPMENT GROUP REGARDING PRICE AND TERMS. – CITY D5.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9; NAME OF CASE: ROCCO CENTENO V. CITY OF RANCHO CUCAMONGA, ET AL., SBSC CASE NO. CIVSB2208653. (CITY) E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California. REGULAR MEETING – 7:00 P.M. COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE ROLL CALL:Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott and Stickler A. AMENDMENTS TO THE AGENDA B. ANNOUNCEMENT / PRESENTATIONS B1.Presentation of Rancho Cucamonga’s Ranking – 2023’s Best & Worst Place to Raise a Family. 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 Regular Meetings of June 7, 2023 and Special Meeting of June 12, 2023. D2.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $1,952,864.74 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $3,405,334.06 Dated May 25, 2023, Through June 11, 2023. (CITY/FIRE) D3.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $2,614.96 Dated May 25, 2023, Through June 11, 2023. (CITY/FIRE) D4.Consideration to Receive and File Current Investment Schedules as of May 31, 2023 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE) D5.Consideration of the Automatic Aid and Mutual Aid Agreement Between the Rancho Cucamonga Fire Protection District and the City of Ontario. (FIRE) D6.Consideration of a Contract with CT&T Concrete Paving, Inc. for the Concrete Rehabilitation Project FY 2223 in an Amount of $471,295 Plus a Contingency of $142,611. (CITY) D7.Consideration of an Increase to AMG & Associates, Inc. Contract No. FD 2021001 in the Amount of $63,610 for Installation of a 24/7 Library Kiosk at the Fire Station 178 Project. (CITY/FIRE) D8.Consideration to Reject Bids for the Traffic Signal Modification FY 21/22 Project as Non Responsive to the Needs of the City. (CITY) D9.Consideration to Issue a Purchase Order for the Purchase of Itron Smart Meters, Current Transformers and Test Switches from McAvoy and Markham Engineering and Sales in the Amount of $380,000 and an Appropriation in the Amount of $380,000. (CITY) D10.Consideration of a Contract with Envisionware, Inc. in an Amount Not to Exceed $188,050 for the Purchase and Installation of a 24/7 Library Materials Kiosk to be Located at Fire Station 178. (CITY) D11.Consideration of a Contract with HL Hitchcock Construction, Inc., in the Amount of $165,530 Plus a 15% Contingency in the amount of $24,830 from the LMD 1 Fund (Fund 130) for the Almond Trail Drainage Improvements Project. This Project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Government Code Section 15301 – Existing Facilities. (CITY) D12.Consideration to Approve the Continued Use and Appropriation of Funds for an Amount Not to Exceed $45,000 for Midwest Tape to Provide Digital Media Content Using the Hoopla Platform for FY 2023/2024. (CITY) D13.Consideration of Amendment No. 1 to Contract No. 2022070 with Mariposa Landscapes, Inc. for LMD 2 Parkway Paseo and Median Island Landscape and Irrigation Maintenance in an Amount Not to Exceed $1,697,730. (CITY) D14.Consideration of Amendment No. 3 to Contract CO 2020030 with Mariposa Landscapes, Inc. for LMD 4R Parkway Paseo and Median Island Landscape and Irrigation Maintenance in an Amount Not to Exceed $570,905. (CITY) D15.Consideration of Amendment No. 03 to Professional Services Agreement (Contract No. CO18 122) with Moffatt & Nichol, to Extend the Term of the Agreement for the Etiwanda Avenue Grade Separation Project. (CITY) D16.Consideration of Amendment No. 5 to Contract CO 18030 with MariposaLandscapes, Inc. for Landscape and Irrigation Maintenance of LMDs 6, 7, 8, 9, and 10 Parkways, Paseos, and Medians in an Amount Not to Exceed $1,146,600. (CITY) D17.Consideration of Amendment No. 6 to Contract CO 16262 with BrightView Landscape Services for Landscape, Irrigation, and Parks Maintenance for PD85 Parks in an Amount Not to Exceed $323,800. (CITY) D18.Consideration of Amendment No. 6 to Contract CO 17140 with Mariposa Landscapes, Inc. for Landscape and Irrigation Maintenance on the Haven Avenue and Foothill Boulevard Medians, in an Amount Not to Exceed $297,570. (CITY) D19.Consideration of Amendment No. 6 to Contract CO 19187 with West Coast Arborists, Inc. for Citywide Tree Maintenance Services in an Amount Not to Exceed $1,630,660. (CITY) D20.Consideration of Amendment No. 6 to the Professional Services Agreement with 360 Deep Cleaning Services, LLC for Janitorial Services. (FIRE) D21.Consideration of Amendment No. 7 to Contract CO 16148 with BrightView Landscape Services for Landscape, Irrigation, and Parks Maintenance for Landscape Maintenance District 1 Parks in an Amount Not to Exceed $353,620. (CITY) D22.Consideration of Amendment No. 7 to Contract CO 17142 with Mariposa Landscapes, Inc. for Landscape and Irrigation Maintenance for General Fund and LMD 3B Parkways and Medians, in an Amount Not to Exceed $925,010. (CITY) D23.Consideration of Amendment No. 8 to Contract CO 17143 with Mariposa Landscapes, Inc. for Park Mowing and Facility Landscape Maintenance in an Amount Not to Exceed $943,540 ($857,290 [City] and $86,250 [Fire]). (CITY/FIRE) D24.Consideration of Amendment No. 13 to Contract CO 2012009 with BrightView Landscape Services for Maintenance of Parkway, Paseo, and Median Landscapes within Landscape Maintenance Districts 1 and 5 in an Amount Not to Exceed $300,720. (CITY) D25.Consideration to Accept the Emergency Management Performance Grant Revenue in the Amount of $35,016, Awarded by the California Office of Emergency Services and Administered by the San Bernardino County Fire Department, Office of Emergency Services for Fiscal Year 2022. (CITY/FIRE) D26.Consideration to Accept the LMD2 Victoria – Water Conservation/Landscape Renovation FY 2021 Project as Complete (Contract No. 2021022), File the Notice of Completion, and Authorize Release of Retention and Bonds. (CITY) D27.Consideration to Accept as Complete, File the Notice of Completion and Authorize Release of Retention and Bonds for the Fiscal Year 2022/23 Local Slurry Seal Pavement Rehabilitation Project (Contract No. 2022144). (CITY) D28.Consideration of the Fiscal Year 2022/23 Major Arterial Program, Award of Contracts with Sequel Contractors, Inc. Totaling $2,467,373 for the Lemon Avenue Pavement Rehabilitation Project and the Banyan Street Pavement Rehabilitation Project, Authorization of a 10% Contingency for Both Contracts, Rejection of Bids for the Hermosa Avenue Pavement Rehabilitation Project, Cancellation of the Base Line Road Pavement Rehabilitation Project, and Appropriation of Funds in the Amount of $1,247,100 From the Road Maintenance & Rehabilitation Fund (Fund 179) and the Measure I Fund (Fund 177). These Projects are exempt from the requirements of the California Environmental Quality Act (CEQA) per 14 CCR 15301 – Existing Facilities. (CITY) D29.Consideration of a Purchase and Sale Agreement with Sandra L. Davis, as Successor in Interest to Tony Beletrutti and Flora Beletrutti, Trustees Under Declaration of Trust Dated July 23, 1986, as Amended June 28, 1988 and August 8, 1989 for the Acquisition of a Permanent Public Trail Easement Located at 12089 Foothill Boulevard (Assessor's Parcel Number 0229 02148) in Connection with the Day Creek Channel Bike Trail Project. (CITY) D30.Consideration to Adopt a Resolution Approving Salary Schedules for Job Classifications Employed by the City for Fiscal Year 202324. (RESOLUTION NO. 2023064) (CITY) D31.Consideration to Approve Resolution Adopting a Memorandum of Understanding Between the Rancho Cucamonga Fire Protection District and Rancho Cucamonga Fire Management Employees Group Relative to Wages, Benefits, and Other Terms and Conditions for the Period of July 2023 through June 2026, and Adoption of the Updated Salary Schedule for Fiscal Year 20232024. (RESOLUTION NO. FD 2023017 AND RESOLUTION NO. FD 2023018) (FIRE) E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION F. ADMINISTRATIVE HEARING ITEM(S) G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT G1.Public Hearing to Consider a Resolution to Set Residential, Commercial, and Industrial Solid Waste Collection Rates within the City of Rancho Cucamonga. (RESOLUTION NO. 2023062) (CITY) G2.Public Hearing of the City of Rancho Cucamonga to Consider a Resolution to Order the Dissolution of Landscape Maintenance District No. 5. and Authorization of an Appropriation in the Amount of $26,010. (RESOLUTION NO. 2023063) (CITY) G3.Public Hearing to Consider Adoption of a Resolution Making Determinations Regarding the Proposed Annexation of Territory (Annexation No. 231, Assessor Parcel Number 022916204, 022916205, 022916211, 022916212, and 022916213) into an Existing Community Facilities District, Calling a Special Election, and Authorizing Submittal of Levy of Special Taxes to the Qualified Electors. (RESOLUTION NO. FD 2023014) (FIRE) G4.Public Hearing to Consider Adoption of a Resolution Making Determinations Regarding the Proposed Annexation of Territory (Annexation No. 232, Assessor Parcel Number 022917128) into an Existing Community Facilities District, Calling a Special Election, and Authorizing Submittal of Levy of Special Taxes to the Qualified Electors. (RESOLUTION NO. FD 2023015) (FIRE) G5.Public Hearing to Consider Adoption of a Resolution Making Determinations Regarding the Proposed Annexation of Territory (Annexation No. 233, Assessor Parcel Number 022915127) into an Existing Community Facilities District, Calling a Special Election, and Authorizing Submittal of Levy of Special Taxes to the Qualified Electors. (RESOLUTION NO. FD 2023016) (FIRE) H. CITY MANAGER'S STAFF REPORT(S) H1.Consideration to Receive and File Quarterly Financial Update for the Third Quarter of the Fiscal Year 2022/23. (CITY/FIRE) I. COUNCIL BUSINESS I1.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I2.INTERAGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT CERTIFICATION I, Linda A. Troyan, MMC , City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least SeventyTwo (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 4772700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. CITY COUNCIL VISION STATEMENT “Our Vision is to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive by building on our foundation and success as a world class community.” Page 1 MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. ScottAshley Stickler CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDAJune 21, 202310500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TAPIA CONFERENCE ROOM 4:30 P.M.REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive. It is the Intent to conclude the meeting by 10:00 p.m.unless extended by the concurrence of the City Council. Agendas, minutes, and recordings of meetings can befound at https://www.cityofrc.us/yourgovernment/citycouncilagendas or by contacting the City Clerk's Office at9097742023. Live Broadcast available on Channel 3 (RCTV3).Any documents distributed to a majority of the City Council regarding any item on this agenda after distribution ofthe agenda packet will be made available in the City Clerk Services Department during normal business hours atCity Hall located at 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. In addition, such documents will beposted on the City’s website at https://www.cityofrc.us/yourgovernment/citycouncilagendas.CLOSED SESSION – 4:30 P.M. TAPIA CONFERENCE ROOM ROLL CALL: Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott and SticklerA. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)C. CITY MANAGER ANNOUNCEMENTS D. CONDUCT OF CLOSED SESSION D1.CONFERENCE WITH LABOR NEGOTIATORS JENIFER PHILLIPS, DIRECTOR OF HUMAN RESOURCES; ROBERT NEIUBER, SENIOR HUMAN RESOURCES DIRECTOR; AND NOAH DANIELS, FINANCE DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 AND FIRE MANAGEMENT EMPLOYEES GROUP. (CITY/FIRE) D2.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8408 ROCHESTER AVENUE, RANCHO CUCAMONGA, CA 91730 (RANCHO CUCAMONGA EPICENTER STADIUM); AGENCY NEGOTIATORS: JOHN GILLISON AND ELISA COX, REPRESENTING THE CITY OF RANCHO CUCAMONGA; NEGOTIATING PARTY: RANCHO BASEBALL LLC; REGARDING PRICE AND TERMS OF PAYMENT. (CITY) D3.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE'S INC. V. CITY OF RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASE NO. 5:20CV02506JGBSP (CITY) D4.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF CIVIC CENTER DRIVE AND HAVEN AVENUE IDENTIFIED AS PARCEL NUMBER 0208331400000; AND 0208331470000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER AND MATT BURRIS, DEPUTY CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA; AND JASON TOLLESON, COFOUNDER, PRINCIPAL SERRANO DEVELOPMENT GROUP REGARDING PRICE AND TERMS. – CITY D5.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9; NAME OF CASE: ROCCO CENTENO V. CITY OF RANCHO CUCAMONGA, ET AL., SBSC CASE NO. CIVSB2208653. (CITY) E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California. REGULAR MEETING – 7:00 P.M. COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE ROLL CALL:Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott and Stickler A. AMENDMENTS TO THE AGENDA B. ANNOUNCEMENT / PRESENTATIONS B1.Presentation of Rancho Cucamonga’s Ranking – 2023’s Best & Worst Place to Raise a Family. 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 Regular Meetings of June 7, 2023 and Special Meeting of June 12, 2023. D2.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $1,952,864.74 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $3,405,334.06 Dated May 25, 2023, Through June 11, 2023. (CITY/FIRE) D3.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $2,614.96 Dated May 25, 2023, Through June 11, 2023. (CITY/FIRE) D4.Consideration to Receive and File Current Investment Schedules as of May 31, 2023 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE) D5.Consideration of the Automatic Aid and Mutual Aid Agreement Between the Rancho Cucamonga Fire Protection District and the City of Ontario. (FIRE) D6.Consideration of a Contract with CT&T Concrete Paving, Inc. for the Concrete Rehabilitation Project FY 2223 in an Amount of $471,295 Plus a Contingency of $142,611. (CITY) D7.Consideration of an Increase to AMG & Associates, Inc. Contract No. FD 2021001 in the Amount of $63,610 for Installation of a 24/7 Library Kiosk at the Fire Station 178 Project. (CITY/FIRE) D8.Consideration to Reject Bids for the Traffic Signal Modification FY 21/22 Project as Non Responsive to the Needs of the City. (CITY) D9.Consideration to Issue a Purchase Order for the Purchase of Itron Smart Meters, Current Transformers and Test Switches from McAvoy and Markham Engineering and Sales in the Amount of $380,000 and an Appropriation in the Amount of $380,000. (CITY) D10.Consideration of a Contract with Envisionware, Inc. in an Amount Not to Exceed $188,050 for the Purchase and Installation of a 24/7 Library Materials Kiosk to be Located at Fire Station 178. (CITY) D11.Consideration of a Contract with HL Hitchcock Construction, Inc., in the Amount of $165,530 Plus a 15% Contingency in the amount of $24,830 from the LMD 1 Fund (Fund 130) for the Almond Trail Drainage Improvements Project. This Project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Government Code Section 15301 – Existing Facilities. (CITY) D12.Consideration to Approve the Continued Use and Appropriation of Funds for an Amount Not to Exceed $45,000 for Midwest Tape to Provide Digital Media Content Using the Hoopla Platform for FY 2023/2024. (CITY) D13.Consideration of Amendment No. 1 to Contract No. 2022070 with Mariposa Landscapes, Inc. for LMD 2 Parkway Paseo and Median Island Landscape and Irrigation Maintenance in an Amount Not to Exceed $1,697,730. (CITY) D14.Consideration of Amendment No. 3 to Contract CO 2020030 with Mariposa Landscapes, Inc. for LMD 4R Parkway Paseo and Median Island Landscape and Irrigation Maintenance in an Amount Not to Exceed $570,905. (CITY) D15.Consideration of Amendment No. 03 to Professional Services Agreement (Contract No. CO18 122) with Moffatt & Nichol, to Extend the Term of the Agreement for the Etiwanda Avenue Grade Separation Project. (CITY) D16.Consideration of Amendment No. 5 to Contract CO 18030 with MariposaLandscapes, Inc. for Landscape and Irrigation Maintenance of LMDs 6, 7, 8, 9, and 10 Parkways, Paseos, and Medians in an Amount Not to Exceed $1,146,600. (CITY) D17.Consideration of Amendment No. 6 to Contract CO 16262 with BrightView Landscape Services for Landscape, Irrigation, and Parks Maintenance for PD85 Parks in an Amount Not to Exceed $323,800. (CITY) D18.Consideration of Amendment No. 6 to Contract CO 17140 with Mariposa Landscapes, Inc. for Landscape and Irrigation Maintenance on the Haven Avenue and Foothill Boulevard Medians, in an Amount Not to Exceed $297,570. (CITY) D19.Consideration of Amendment No. 6 to Contract CO 19187 with West Coast Arborists, Inc. for Citywide Tree Maintenance Services in an Amount Not to Exceed $1,630,660. (CITY) D20.Consideration of Amendment No. 6 to the Professional Services Agreement with 360 Deep Cleaning Services, LLC for Janitorial Services. (FIRE) D21.Consideration of Amendment No. 7 to Contract CO 16148 with BrightView Landscape Services for Landscape, Irrigation, and Parks Maintenance for Landscape Maintenance District 1 Parks in an Amount Not to Exceed $353,620. (CITY) D22.Consideration of Amendment No. 7 to Contract CO 17142 with Mariposa Landscapes, Inc. for Landscape and Irrigation Maintenance for General Fund and LMD 3B Parkways and Medians, in an Amount Not to Exceed $925,010. (CITY) D23.Consideration of Amendment No. 8 to Contract CO 17143 with Mariposa Landscapes, Inc. for Park Mowing and Facility Landscape Maintenance in an Amount Not to Exceed $943,540 ($857,290 [City] and $86,250 [Fire]). (CITY/FIRE) D24.Consideration of Amendment No. 13 to Contract CO 2012009 with BrightView Landscape Services for Maintenance of Parkway, Paseo, and Median Landscapes within Landscape Maintenance Districts 1 and 5 in an Amount Not to Exceed $300,720. (CITY) D25.Consideration to Accept the Emergency Management Performance Grant Revenue in the Amount of $35,016, Awarded by the California Office of Emergency Services and Administered by the San Bernardino County Fire Department, Office of Emergency Services for Fiscal Year 2022. (CITY/FIRE) D26.Consideration to Accept the LMD2 Victoria – Water Conservation/Landscape Renovation FY 2021 Project as Complete (Contract No. 2021022), File the Notice of Completion, and Authorize Release of Retention and Bonds. (CITY) D27.Consideration to Accept as Complete, File the Notice of Completion and Authorize Release of Retention and Bonds for the Fiscal Year 2022/23 Local Slurry Seal Pavement Rehabilitation Project (Contract No. 2022144). (CITY) D28.Consideration of the Fiscal Year 2022/23 Major Arterial Program, Award of Contracts with Sequel Contractors, Inc. Totaling $2,467,373 for the Lemon Avenue Pavement Rehabilitation Project and the Banyan Street Pavement Rehabilitation Project, Authorization of a 10% Contingency for Both Contracts, Rejection of Bids for the Hermosa Avenue Pavement Rehabilitation Project, Cancellation of the Base Line Road Pavement Rehabilitation Project, and Appropriation of Funds in the Amount of $1,247,100 From the Road Maintenance & Rehabilitation Fund (Fund 179) and the Measure I Fund (Fund 177). These Projects are exempt from the requirements of the California Environmental Quality Act (CEQA) per 14 CCR 15301 – Existing Facilities. (CITY) D29.Consideration of a Purchase and Sale Agreement with Sandra L. Davis, as Successor in Interest to Tony Beletrutti and Flora Beletrutti, Trustees Under Declaration of Trust Dated July 23, 1986, as Amended June 28, 1988 and August 8, 1989 for the Acquisition of a Permanent Public Trail Easement Located at 12089 Foothill Boulevard (Assessor's Parcel Number 0229 02148) in Connection with the Day Creek Channel Bike Trail Project. (CITY) D30.Consideration to Adopt a Resolution Approving Salary Schedules for Job Classifications Employed by the City for Fiscal Year 202324. (RESOLUTION NO. 2023064) (CITY) D31.Consideration to Approve Resolution Adopting a Memorandum of Understanding Between the Rancho Cucamonga Fire Protection District and Rancho Cucamonga Fire Management Employees Group Relative to Wages, Benefits, and Other Terms and Conditions for the Period of July 2023 through June 2026, and Adoption of the Updated Salary Schedule for Fiscal Year 20232024. (RESOLUTION NO. FD 2023017 AND RESOLUTION NO. FD 2023018) (FIRE) E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION F. ADMINISTRATIVE HEARING ITEM(S) G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT G1.Public Hearing to Consider a Resolution to Set Residential, Commercial, and Industrial Solid Waste Collection Rates within the City of Rancho Cucamonga. (RESOLUTION NO. 2023062) (CITY) G2.Public Hearing of the City of Rancho Cucamonga to Consider a Resolution to Order the Dissolution of Landscape Maintenance District No. 5. and Authorization of an Appropriation in the Amount of $26,010. (RESOLUTION NO. 2023063) (CITY) G3.Public Hearing to Consider Adoption of a Resolution Making Determinations Regarding the Proposed Annexation of Territory (Annexation No. 231, Assessor Parcel Number 022916204, 022916205, 022916211, 022916212, and 022916213) into an Existing Community Facilities District, Calling a Special Election, and Authorizing Submittal of Levy of Special Taxes to the Qualified Electors. (RESOLUTION NO. FD 2023014) (FIRE) G4.Public Hearing to Consider Adoption of a Resolution Making Determinations Regarding the Proposed Annexation of Territory (Annexation No. 232, Assessor Parcel Number 022917128) into an Existing Community Facilities District, Calling a Special Election, and Authorizing Submittal of Levy of Special Taxes to the Qualified Electors. (RESOLUTION NO. FD 2023015) (FIRE) G5.Public Hearing to Consider Adoption of a Resolution Making Determinations Regarding the Proposed Annexation of Territory (Annexation No. 233, Assessor Parcel Number 022915127) into an Existing Community Facilities District, Calling a Special Election, and Authorizing Submittal of Levy of Special Taxes to the Qualified Electors. (RESOLUTION NO. FD 2023016) (FIRE) H. CITY MANAGER'S STAFF REPORT(S) H1.Consideration to Receive and File Quarterly Financial Update for the Third Quarter of the Fiscal Year 2022/23. (CITY/FIRE) I. COUNCIL BUSINESS I1.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I2.INTERAGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT CERTIFICATION I, Linda A. Troyan, MMC , City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least SeventyTwo (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 4772700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. CITY COUNCIL VISION STATEMENT “Our Vision is to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive by building on our foundation and success as a world class community.” Page 2 MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. ScottAshley Stickler CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDAJune 21, 202310500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TAPIA CONFERENCE ROOM 4:30 P.M.REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive. It is the Intent to conclude the meeting by 10:00 p.m.unless extended by the concurrence of the City Council. Agendas, minutes, and recordings of meetings can befound at https://www.cityofrc.us/yourgovernment/citycouncilagendas or by contacting the City Clerk's Office at9097742023. Live Broadcast available on Channel 3 (RCTV3).Any documents distributed to a majority of the City Council regarding any item on this agenda after distribution ofthe agenda packet will be made available in the City Clerk Services Department during normal business hours atCity Hall located at 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. In addition, such documents will beposted on the City’s website at https://www.cityofrc.us/yourgovernment/citycouncilagendas.CLOSED SESSION – 4:30 P.M. TAPIA CONFERENCE ROOM ROLL CALL: Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott and SticklerA. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)C. CITY MANAGER ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LABOR NEGOTIATORS JENIFER PHILLIPS, DIRECTOR OF HUMANRESOURCES; ROBERT NEIUBER, SENIOR HUMAN RESOURCES DIRECTOR; AND NOAHDANIELS, FINANCE DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDINGLABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 ANDFIRE MANAGEMENT EMPLOYEES GROUP. (CITY/FIRE)D2.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8408 ROCHESTER AVENUE, RANCHO CUCAMONGA,CA 91730 (RANCHO CUCAMONGA EPICENTER STADIUM); AGENCY NEGOTIATORS: JOHNGILLISON AND ELISA COX, REPRESENTING THE CITY OF RANCHO CUCAMONGA;NEGOTIATING PARTY: RANCHO BASEBALL LLC; REGARDING PRICE AND TERMS OF PAYMENT.(CITY)D3.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH(1)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE'S INC. V. CITY OF RANCHOCUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASENO. 5:20CV02506JGBSP (CITY)D4.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF CIVICCENTER DRIVE AND HAVEN AVENUE IDENTIFIED AS PARCEL NUMBER 0208331400000; AND0208331470000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER AND MATT BURRIS,DEPUTY CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA; AND JASONTOLLESON, COFOUNDER, PRINCIPAL SERRANO DEVELOPMENT GROUP REGARDINGPRICE AND TERMS. – CITYD5.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH (1)OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9; NAME OF CASE: ROCCOCENTENO V. CITY OF RANCHO CUCAMONGA, ET AL., SBSC CASE NO. CIVSB2208653. (CITY)E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California. REGULAR MEETING – 7:00 P.M. COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE ROLL CALL:Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott and Stickler A. AMENDMENTS TO THE AGENDA B. ANNOUNCEMENT / PRESENTATIONS B1.Presentation of Rancho Cucamonga’s Ranking – 2023’s Best & Worst Place to Raise a Family. 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 Regular Meetings of June 7, 2023 and Special Meeting of June 12, 2023. D2.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $1,952,864.74 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $3,405,334.06 Dated May 25, 2023, Through June 11, 2023. (CITY/FIRE) D3.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $2,614.96 Dated May 25, 2023, Through June 11, 2023. (CITY/FIRE) D4.Consideration to Receive and File Current Investment Schedules as of May 31, 2023 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE) D5.Consideration of the Automatic Aid and Mutual Aid Agreement Between the Rancho Cucamonga Fire Protection District and the City of Ontario. (FIRE) D6.Consideration of a Contract with CT&T Concrete Paving, Inc. for the Concrete Rehabilitation Project FY 2223 in an Amount of $471,295 Plus a Contingency of $142,611. (CITY) D7.Consideration of an Increase to AMG & Associates, Inc. Contract No. FD 2021001 in the Amount of $63,610 for Installation of a 24/7 Library Kiosk at the Fire Station 178 Project. (CITY/FIRE) D8.Consideration to Reject Bids for the Traffic Signal Modification FY 21/22 Project as Non Responsive to the Needs of the City. (CITY) D9.Consideration to Issue a Purchase Order for the Purchase of Itron Smart Meters, Current Transformers and Test Switches from McAvoy and Markham Engineering and Sales in the Amount of $380,000 and an Appropriation in the Amount of $380,000. (CITY) D10.Consideration of a Contract with Envisionware, Inc. in an Amount Not to Exceed $188,050 for the Purchase and Installation of a 24/7 Library Materials Kiosk to be Located at Fire Station 178. (CITY) D11.Consideration of a Contract with HL Hitchcock Construction, Inc., in the Amount of $165,530 Plus a 15% Contingency in the amount of $24,830 from the LMD 1 Fund (Fund 130) for the Almond Trail Drainage Improvements Project. This Project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Government Code Section 15301 – Existing Facilities. (CITY) D12.Consideration to Approve the Continued Use and Appropriation of Funds for an Amount Not to Exceed $45,000 for Midwest Tape to Provide Digital Media Content Using the Hoopla Platform for FY 2023/2024. (CITY) D13.Consideration of Amendment No. 1 to Contract No. 2022070 with Mariposa Landscapes, Inc. for LMD 2 Parkway Paseo and Median Island Landscape and Irrigation Maintenance in an Amount Not to Exceed $1,697,730. (CITY) D14.Consideration of Amendment No. 3 to Contract CO 2020030 with Mariposa Landscapes, Inc. for LMD 4R Parkway Paseo and Median Island Landscape and Irrigation Maintenance in an Amount Not to Exceed $570,905. (CITY) D15.Consideration of Amendment No. 03 to Professional Services Agreement (Contract No. CO18 122) with Moffatt & Nichol, to Extend the Term of the Agreement for the Etiwanda Avenue Grade Separation Project. (CITY) D16.Consideration of Amendment No. 5 to Contract CO 18030 with MariposaLandscapes, Inc. for Landscape and Irrigation Maintenance of LMDs 6, 7, 8, 9, and 10 Parkways, Paseos, and Medians in an Amount Not to Exceed $1,146,600. (CITY) D17.Consideration of Amendment No. 6 to Contract CO 16262 with BrightView Landscape Services for Landscape, Irrigation, and Parks Maintenance for PD85 Parks in an Amount Not to Exceed $323,800. (CITY) D18.Consideration of Amendment No. 6 to Contract CO 17140 with Mariposa Landscapes, Inc. for Landscape and Irrigation Maintenance on the Haven Avenue and Foothill Boulevard Medians, in an Amount Not to Exceed $297,570. (CITY) D19.Consideration of Amendment No. 6 to Contract CO 19187 with West Coast Arborists, Inc. for Citywide Tree Maintenance Services in an Amount Not to Exceed $1,630,660. (CITY) D20.Consideration of Amendment No. 6 to the Professional Services Agreement with 360 Deep Cleaning Services, LLC for Janitorial Services. (FIRE) D21.Consideration of Amendment No. 7 to Contract CO 16148 with BrightView Landscape Services for Landscape, Irrigation, and Parks Maintenance for Landscape Maintenance District 1 Parks in an Amount Not to Exceed $353,620. (CITY) D22.Consideration of Amendment No. 7 to Contract CO 17142 with Mariposa Landscapes, Inc. for Landscape and Irrigation Maintenance for General Fund and LMD 3B Parkways and Medians, in an Amount Not to Exceed $925,010. (CITY) D23.Consideration of Amendment No. 8 to Contract CO 17143 with Mariposa Landscapes, Inc. for Park Mowing and Facility Landscape Maintenance in an Amount Not to Exceed $943,540 ($857,290 [City] and $86,250 [Fire]). (CITY/FIRE) D24.Consideration of Amendment No. 13 to Contract CO 2012009 with BrightView Landscape Services for Maintenance of Parkway, Paseo, and Median Landscapes within Landscape Maintenance Districts 1 and 5 in an Amount Not to Exceed $300,720. (CITY) D25.Consideration to Accept the Emergency Management Performance Grant Revenue in the Amount of $35,016, Awarded by the California Office of Emergency Services and Administered by the San Bernardino County Fire Department, Office of Emergency Services for Fiscal Year 2022. (CITY/FIRE) D26.Consideration to Accept the LMD2 Victoria – Water Conservation/Landscape Renovation FY 2021 Project as Complete (Contract No. 2021022), File the Notice of Completion, and Authorize Release of Retention and Bonds. (CITY) D27.Consideration to Accept as Complete, File the Notice of Completion and Authorize Release of Retention and Bonds for the Fiscal Year 2022/23 Local Slurry Seal Pavement Rehabilitation Project (Contract No. 2022144). (CITY) D28.Consideration of the Fiscal Year 2022/23 Major Arterial Program, Award of Contracts with Sequel Contractors, Inc. Totaling $2,467,373 for the Lemon Avenue Pavement Rehabilitation Project and the Banyan Street Pavement Rehabilitation Project, Authorization of a 10% Contingency for Both Contracts, Rejection of Bids for the Hermosa Avenue Pavement Rehabilitation Project, Cancellation of the Base Line Road Pavement Rehabilitation Project, and Appropriation of Funds in the Amount of $1,247,100 From the Road Maintenance & Rehabilitation Fund (Fund 179) and the Measure I Fund (Fund 177). These Projects are exempt from the requirements of the California Environmental Quality Act (CEQA) per 14 CCR 15301 – Existing Facilities. (CITY) D29.Consideration of a Purchase and Sale Agreement with Sandra L. Davis, as Successor in Interest to Tony Beletrutti and Flora Beletrutti, Trustees Under Declaration of Trust Dated July 23, 1986, as Amended June 28, 1988 and August 8, 1989 for the Acquisition of a Permanent Public Trail Easement Located at 12089 Foothill Boulevard (Assessor's Parcel Number 0229 02148) in Connection with the Day Creek Channel Bike Trail Project. (CITY) D30.Consideration to Adopt a Resolution Approving Salary Schedules for Job Classifications Employed by the City for Fiscal Year 202324. (RESOLUTION NO. 2023064) (CITY) D31.Consideration to Approve Resolution Adopting a Memorandum of Understanding Between the Rancho Cucamonga Fire Protection District and Rancho Cucamonga Fire Management Employees Group Relative to Wages, Benefits, and Other Terms and Conditions for the Period of July 2023 through June 2026, and Adoption of the Updated Salary Schedule for Fiscal Year 20232024. (RESOLUTION NO. FD 2023017 AND RESOLUTION NO. FD 2023018) (FIRE) E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION F. ADMINISTRATIVE HEARING ITEM(S) G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT G1.Public Hearing to Consider a Resolution to Set Residential, Commercial, and Industrial Solid Waste Collection Rates within the City of Rancho Cucamonga. (RESOLUTION NO. 2023062) (CITY) G2.Public Hearing of the City of Rancho Cucamonga to Consider a Resolution to Order the Dissolution of Landscape Maintenance District No. 5. and Authorization of an Appropriation in the Amount of $26,010. (RESOLUTION NO. 2023063) (CITY) G3.Public Hearing to Consider Adoption of a Resolution Making Determinations Regarding the Proposed Annexation of Territory (Annexation No. 231, Assessor Parcel Number 022916204, 022916205, 022916211, 022916212, and 022916213) into an Existing Community Facilities District, Calling a Special Election, and Authorizing Submittal of Levy of Special Taxes to the Qualified Electors. (RESOLUTION NO. FD 2023014) (FIRE) G4.Public Hearing to Consider Adoption of a Resolution Making Determinations Regarding the Proposed Annexation of Territory (Annexation No. 232, Assessor Parcel Number 022917128) into an Existing Community Facilities District, Calling a Special Election, and Authorizing Submittal of Levy of Special Taxes to the Qualified Electors. (RESOLUTION NO. FD 2023015) (FIRE) G5.Public Hearing to Consider Adoption of a Resolution Making Determinations Regarding the Proposed Annexation of Territory (Annexation No. 233, Assessor Parcel Number 022915127) into an Existing Community Facilities District, Calling a Special Election, and Authorizing Submittal of Levy of Special Taxes to the Qualified Electors. (RESOLUTION NO. FD 2023016) (FIRE) H. CITY MANAGER'S STAFF REPORT(S) H1.Consideration to Receive and File Quarterly Financial Update for the Third Quarter of the Fiscal Year 2022/23. (CITY/FIRE) I. COUNCIL BUSINESS I1.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I2.INTERAGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT CERTIFICATION I, Linda A. Troyan, MMC , City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least SeventyTwo (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 4772700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. CITY COUNCIL VISION STATEMENT “Our Vision is to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive by building on our foundation and success as a world class community.” Page 3 MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. ScottAshley Stickler CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDAJune 21, 202310500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TAPIA CONFERENCE ROOM 4:30 P.M.REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive. It is the Intent to conclude the meeting by 10:00 p.m.unless extended by the concurrence of the City Council. Agendas, minutes, and recordings of meetings can befound at https://www.cityofrc.us/yourgovernment/citycouncilagendas or by contacting the City Clerk's Office at9097742023. Live Broadcast available on Channel 3 (RCTV3).Any documents distributed to a majority of the City Council regarding any item on this agenda after distribution ofthe agenda packet will be made available in the City Clerk Services Department during normal business hours atCity Hall located at 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. In addition, such documents will beposted on the City’s website at https://www.cityofrc.us/yourgovernment/citycouncilagendas.CLOSED SESSION – 4:30 P.M. TAPIA CONFERENCE ROOM ROLL CALL: Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott and SticklerA. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)C. CITY MANAGER ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LABOR NEGOTIATORS JENIFER PHILLIPS, DIRECTOR OF HUMANRESOURCES; ROBERT NEIUBER, SENIOR HUMAN RESOURCES DIRECTOR; AND NOAHDANIELS, FINANCE DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDINGLABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 ANDFIRE MANAGEMENT EMPLOYEES GROUP. (CITY/FIRE)D2.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8408 ROCHESTER AVENUE, RANCHO CUCAMONGA,CA 91730 (RANCHO CUCAMONGA EPICENTER STADIUM); AGENCY NEGOTIATORS: JOHNGILLISON AND ELISA COX, REPRESENTING THE CITY OF RANCHO CUCAMONGA;NEGOTIATING PARTY: RANCHO BASEBALL LLC; REGARDING PRICE AND TERMS OF PAYMENT.(CITY)D3.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH(1)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE'S INC. V. CITY OF RANCHOCUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASENO. 5:20CV02506JGBSP (CITY)D4.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF CIVICCENTER DRIVE AND HAVEN AVENUE IDENTIFIED AS PARCEL NUMBER 0208331400000; AND0208331470000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER AND MATT BURRIS,DEPUTY CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA; AND JASONTOLLESON, COFOUNDER, PRINCIPAL SERRANO DEVELOPMENT GROUP REGARDINGPRICE AND TERMS. – CITYD5.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH (1)OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9; NAME OF CASE: ROCCOCENTENO V. CITY OF RANCHO CUCAMONGA, ET AL., SBSC CASE NO. CIVSB2208653. (CITY)E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the CouncilChambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.REGULAR MEETING – 7:00 P.M.COUNCIL CHAMBERSPLEDGE OF ALLEGIANCEROLL CALL:Mayor MichaelMayor Pro Tem KennedyCouncil Members Hutchison, Scott and SticklerA. AMENDMENTS TO THE AGENDAB. ANNOUNCEMENT / PRESENTATIONSB1.Presentation of Rancho Cucamonga’s Ranking – 2023’s Best & Worst Place to Raise a Family. 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 Regular Meetings of June 7, 2023 and Special Meeting of June 12, 2023. D2.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $1,952,864.74 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $3,405,334.06 Dated May 25, 2023, Through June 11, 2023. (CITY/FIRE) D3.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $2,614.96 Dated May 25, 2023, Through June 11, 2023. (CITY/FIRE) D4.Consideration to Receive and File Current Investment Schedules as of May 31, 2023 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE) D5.Consideration of the Automatic Aid and Mutual Aid Agreement Between the Rancho Cucamonga Fire Protection District and the City of Ontario. (FIRE) D6.Consideration of a Contract with CT&T Concrete Paving, Inc. for the Concrete Rehabilitation Project FY 2223 in an Amount of $471,295 Plus a Contingency of $142,611. (CITY) D7.Consideration of an Increase to AMG & Associates, Inc. Contract No. FD 2021001 in the Amount of $63,610 for Installation of a 24/7 Library Kiosk at the Fire Station 178 Project. (CITY/FIRE) D8.Consideration to Reject Bids for the Traffic Signal Modification FY 21/22 Project as Non Responsive to the Needs of the City. (CITY) D9.Consideration to Issue a Purchase Order for the Purchase of Itron Smart Meters, Current Transformers and Test Switches from McAvoy and Markham Engineering and Sales in the Amount of $380,000 and an Appropriation in the Amount of $380,000. (CITY) D10.Consideration of a Contract with Envisionware, Inc. in an Amount Not to Exceed $188,050 for the Purchase and Installation of a 24/7 Library Materials Kiosk to be Located at Fire Station 178. (CITY) D11.Consideration of a Contract with HL Hitchcock Construction, Inc., in the Amount of $165,530 Plus a 15% Contingency in the amount of $24,830 from the LMD 1 Fund (Fund 130) for the Almond Trail Drainage Improvements Project. This Project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Government Code Section 15301 – Existing Facilities. (CITY) D12.Consideration to Approve the Continued Use and Appropriation of Funds for an Amount Not to Exceed $45,000 for Midwest Tape to Provide Digital Media Content Using the Hoopla Platform for FY 2023/2024. (CITY) D13.Consideration of Amendment No. 1 to Contract No. 2022070 with Mariposa Landscapes, Inc. for LMD 2 Parkway Paseo and Median Island Landscape and Irrigation Maintenance in an Amount Not to Exceed $1,697,730. (CITY) D14.Consideration of Amendment No. 3 to Contract CO 2020030 with Mariposa Landscapes, Inc. for LMD 4R Parkway Paseo and Median Island Landscape and Irrigation Maintenance in an Amount Not to Exceed $570,905. (CITY) D15.Consideration of Amendment No. 03 to Professional Services Agreement (Contract No. CO18 122) with Moffatt & Nichol, to Extend the Term of the Agreement for the Etiwanda Avenue Grade Separation Project. (CITY) D16.Consideration of Amendment No. 5 to Contract CO 18030 with MariposaLandscapes, Inc. for Landscape and Irrigation Maintenance of LMDs 6, 7, 8, 9, and 10 Parkways, Paseos, and Medians in an Amount Not to Exceed $1,146,600. (CITY) D17.Consideration of Amendment No. 6 to Contract CO 16262 with BrightView Landscape Services for Landscape, Irrigation, and Parks Maintenance for PD85 Parks in an Amount Not to Exceed $323,800. (CITY) D18.Consideration of Amendment No. 6 to Contract CO 17140 with Mariposa Landscapes, Inc. for Landscape and Irrigation Maintenance on the Haven Avenue and Foothill Boulevard Medians, in an Amount Not to Exceed $297,570. (CITY) D19.Consideration of Amendment No. 6 to Contract CO 19187 with West Coast Arborists, Inc. for Citywide Tree Maintenance Services in an Amount Not to Exceed $1,630,660. (CITY) D20.Consideration of Amendment No. 6 to the Professional Services Agreement with 360 Deep Cleaning Services, LLC for Janitorial Services. (FIRE) D21.Consideration of Amendment No. 7 to Contract CO 16148 with BrightView Landscape Services for Landscape, Irrigation, and Parks Maintenance for Landscape Maintenance District 1 Parks in an Amount Not to Exceed $353,620. (CITY) D22.Consideration of Amendment No. 7 to Contract CO 17142 with Mariposa Landscapes, Inc. for Landscape and Irrigation Maintenance for General Fund and LMD 3B Parkways and Medians, in an Amount Not to Exceed $925,010. (CITY) D23.Consideration of Amendment No. 8 to Contract CO 17143 with Mariposa Landscapes, Inc. for Park Mowing and Facility Landscape Maintenance in an Amount Not to Exceed $943,540 ($857,290 [City] and $86,250 [Fire]). (CITY/FIRE) D24.Consideration of Amendment No. 13 to Contract CO 2012009 with BrightView Landscape Services for Maintenance of Parkway, Paseo, and Median Landscapes within Landscape Maintenance Districts 1 and 5 in an Amount Not to Exceed $300,720. (CITY) D25.Consideration to Accept the Emergency Management Performance Grant Revenue in the Amount of $35,016, Awarded by the California Office of Emergency Services and Administered by the San Bernardino County Fire Department, Office of Emergency Services for Fiscal Year 2022. (CITY/FIRE) D26.Consideration to Accept the LMD2 Victoria – Water Conservation/Landscape Renovation FY 2021 Project as Complete (Contract No. 2021022), File the Notice of Completion, and Authorize Release of Retention and Bonds. (CITY) D27.Consideration to Accept as Complete, File the Notice of Completion and Authorize Release of Retention and Bonds for the Fiscal Year 2022/23 Local Slurry Seal Pavement Rehabilitation Project (Contract No. 2022144). (CITY) D28.Consideration of the Fiscal Year 2022/23 Major Arterial Program, Award of Contracts with Sequel Contractors, Inc. Totaling $2,467,373 for the Lemon Avenue Pavement Rehabilitation Project and the Banyan Street Pavement Rehabilitation Project, Authorization of a 10% Contingency for Both Contracts, Rejection of Bids for the Hermosa Avenue Pavement Rehabilitation Project, Cancellation of the Base Line Road Pavement Rehabilitation Project, and Appropriation of Funds in the Amount of $1,247,100 From the Road Maintenance & Rehabilitation Fund (Fund 179) and the Measure I Fund (Fund 177). These Projects are exempt from the requirements of the California Environmental Quality Act (CEQA) per 14 CCR 15301 – Existing Facilities. (CITY) D29.Consideration of a Purchase and Sale Agreement with Sandra L. Davis, as Successor in Interest to Tony Beletrutti and Flora Beletrutti, Trustees Under Declaration of Trust Dated July 23, 1986, as Amended June 28, 1988 and August 8, 1989 for the Acquisition of a Permanent Public Trail Easement Located at 12089 Foothill Boulevard (Assessor's Parcel Number 0229 02148) in Connection with the Day Creek Channel Bike Trail Project. (CITY) D30.Consideration to Adopt a Resolution Approving Salary Schedules for Job Classifications Employed by the City for Fiscal Year 202324. (RESOLUTION NO. 2023064) (CITY) D31.Consideration to Approve Resolution Adopting a Memorandum of Understanding Between the Rancho Cucamonga Fire Protection District and Rancho Cucamonga Fire Management Employees Group Relative to Wages, Benefits, and Other Terms and Conditions for the Period of July 2023 through June 2026, and Adoption of the Updated Salary Schedule for Fiscal Year 20232024. (RESOLUTION NO. FD 2023017 AND RESOLUTION NO. FD 2023018) (FIRE) E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION F. ADMINISTRATIVE HEARING ITEM(S) G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT G1.Public Hearing to Consider a Resolution to Set Residential, Commercial, and Industrial Solid Waste Collection Rates within the City of Rancho Cucamonga. (RESOLUTION NO. 2023062) (CITY) G2.Public Hearing of the City of Rancho Cucamonga to Consider a Resolution to Order the Dissolution of Landscape Maintenance District No. 5. and Authorization of an Appropriation in the Amount of $26,010. (RESOLUTION NO. 2023063) (CITY) G3.Public Hearing to Consider Adoption of a Resolution Making Determinations Regarding the Proposed Annexation of Territory (Annexation No. 231, Assessor Parcel Number 022916204, 022916205, 022916211, 022916212, and 022916213) into an Existing Community Facilities District, Calling a Special Election, and Authorizing Submittal of Levy of Special Taxes to the Qualified Electors. (RESOLUTION NO. FD 2023014) (FIRE) G4.Public Hearing to Consider Adoption of a Resolution Making Determinations Regarding the Proposed Annexation of Territory (Annexation No. 232, Assessor Parcel Number 022917128) into an Existing Community Facilities District, Calling a Special Election, and Authorizing Submittal of Levy of Special Taxes to the Qualified Electors. (RESOLUTION NO. FD 2023015) (FIRE) G5.Public Hearing to Consider Adoption of a Resolution Making Determinations Regarding the Proposed Annexation of Territory (Annexation No. 233, Assessor Parcel Number 022915127) into an Existing Community Facilities District, Calling a Special Election, and Authorizing Submittal of Levy of Special Taxes to the Qualified Electors. (RESOLUTION NO. FD 2023016) (FIRE) H. CITY MANAGER'S STAFF REPORT(S) H1.Consideration to Receive and File Quarterly Financial Update for the Third Quarter of the Fiscal Year 2022/23. (CITY/FIRE) I. COUNCIL BUSINESS I1.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I2.INTERAGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT CERTIFICATION I, Linda A. Troyan, MMC , City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least SeventyTwo (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 4772700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. CITY COUNCIL VISION STATEMENT “Our Vision is to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive by building on our foundation and success as a world class community.” Page 4 MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. ScottAshley Stickler CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDAJune 21, 202310500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TAPIA CONFERENCE ROOM 4:30 P.M.REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive. It is the Intent to conclude the meeting by 10:00 p.m.unless extended by the concurrence of the City Council. Agendas, minutes, and recordings of meetings can befound at https://www.cityofrc.us/yourgovernment/citycouncilagendas or by contacting the City Clerk's Office at9097742023. Live Broadcast available on Channel 3 (RCTV3).Any documents distributed to a majority of the City Council regarding any item on this agenda after distribution ofthe agenda packet will be made available in the City Clerk Services Department during normal business hours atCity Hall located at 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. In addition, such documents will beposted on the City’s website at https://www.cityofrc.us/yourgovernment/citycouncilagendas.CLOSED SESSION – 4:30 P.M. TAPIA CONFERENCE ROOM ROLL CALL: Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott and SticklerA. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)C. CITY MANAGER ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LABOR NEGOTIATORS JENIFER PHILLIPS, DIRECTOR OF HUMANRESOURCES; ROBERT NEIUBER, SENIOR HUMAN RESOURCES DIRECTOR; AND NOAHDANIELS, FINANCE DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDINGLABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 ANDFIRE MANAGEMENT EMPLOYEES GROUP. (CITY/FIRE)D2.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8408 ROCHESTER AVENUE, RANCHO CUCAMONGA,CA 91730 (RANCHO CUCAMONGA EPICENTER STADIUM); AGENCY NEGOTIATORS: JOHNGILLISON AND ELISA COX, REPRESENTING THE CITY OF RANCHO CUCAMONGA;NEGOTIATING PARTY: RANCHO BASEBALL LLC; REGARDING PRICE AND TERMS OF PAYMENT.(CITY)D3.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH(1)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE'S INC. V. CITY OF RANCHOCUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASENO. 5:20CV02506JGBSP (CITY)D4.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF CIVICCENTER DRIVE AND HAVEN AVENUE IDENTIFIED AS PARCEL NUMBER 0208331400000; AND0208331470000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER AND MATT BURRIS,DEPUTY CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA; AND JASONTOLLESON, COFOUNDER, PRINCIPAL SERRANO DEVELOPMENT GROUP REGARDINGPRICE AND TERMS. – CITYD5.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH (1)OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9; NAME OF CASE: ROCCOCENTENO V. CITY OF RANCHO CUCAMONGA, ET AL., SBSC CASE NO. CIVSB2208653. (CITY)E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the CouncilChambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.REGULAR MEETING – 7:00 P.M.COUNCIL CHAMBERSPLEDGE OF ALLEGIANCEROLL CALL:Mayor MichaelMayor Pro Tem KennedyCouncil Members Hutchison, Scott and SticklerA. AMENDMENTS TO THE AGENDAB. ANNOUNCEMENT / PRESENTATIONSB1.Presentation of Rancho Cucamonga’s Ranking – 2023’s Best & Worst Place to Raise a Family. 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 Regular Meetings of June 7, 2023 and Special Meetingof June 12, 2023.D2.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of$1,952,864.74 and City and Fire District Weekly Check Registers (Excluding Checks Issued toSouthern California Gas Company) in the Total Amount of $3,405,334.06 Dated May 25, 2023,Through June 11, 2023. (CITY/FIRE)D3.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued toSouthern California Gas Company in the Total Amount of $2,614.96 Dated May 25, 2023,Through June 11, 2023. (CITY/FIRE)D4.Consideration to Receive and File Current Investment Schedules as of May 31, 2023 for theCity of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE)D5.Consideration of the Automatic Aid and Mutual Aid Agreement Between the RanchoCucamonga Fire Protection District and the City of Ontario. (FIRE)D6.Consideration of a Contract with CT&T Concrete Paving, Inc. for the Concrete RehabilitationProject FY 2223 in an Amount of $471,295 Plus a Contingency of $142,611. (CITY)D7.Consideration of an Increase to AMG & Associates, Inc. Contract No. FD 2021001 in theAmount of $63,610 for Installation of a 24/7 Library Kiosk at the Fire Station 178 Project.(CITY/FIRE)D8.Consideration to Reject Bids for the Traffic Signal Modification FY 21/22 Project as NonResponsive to the Needs of the City. (CITY)D9.Consideration to Issue a Purchase Order for the Purchase of Itron Smart Meters, CurrentTransformers and Test Switches from McAvoy and Markham Engineering and Sales in theAmount of $380,000 and an Appropriation in the Amount of $380,000. (CITY)D10.Consideration of a Contract with Envisionware, Inc. in an Amount Not to Exceed $188,050 forthe Purchase and Installation of a 24/7 Library Materials Kiosk to be Located at Fire Station 178. (CITY) D11.Consideration of a Contract with HL Hitchcock Construction, Inc., in the Amount of $165,530 Plus a 15% Contingency in the amount of $24,830 from the LMD 1 Fund (Fund 130) for the Almond Trail Drainage Improvements Project. This Project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Government Code Section 15301 – Existing Facilities. (CITY) D12.Consideration to Approve the Continued Use and Appropriation of Funds for an Amount Not to Exceed $45,000 for Midwest Tape to Provide Digital Media Content Using the Hoopla Platform for FY 2023/2024. (CITY) D13.Consideration of Amendment No. 1 to Contract No. 2022070 with Mariposa Landscapes, Inc. for LMD 2 Parkway Paseo and Median Island Landscape and Irrigation Maintenance in an Amount Not to Exceed $1,697,730. (CITY) D14.Consideration of Amendment No. 3 to Contract CO 2020030 with Mariposa Landscapes, Inc. for LMD 4R Parkway Paseo and Median Island Landscape and Irrigation Maintenance in an Amount Not to Exceed $570,905. (CITY) D15.Consideration of Amendment No. 03 to Professional Services Agreement (Contract No. CO18 122) with Moffatt & Nichol, to Extend the Term of the Agreement for the Etiwanda Avenue Grade Separation Project. (CITY) D16.Consideration of Amendment No. 5 to Contract CO 18030 with MariposaLandscapes, Inc. for Landscape and Irrigation Maintenance of LMDs 6, 7, 8, 9, and 10 Parkways, Paseos, and Medians in an Amount Not to Exceed $1,146,600. (CITY) D17.Consideration of Amendment No. 6 to Contract CO 16262 with BrightView Landscape Services for Landscape, Irrigation, and Parks Maintenance for PD85 Parks in an Amount Not to Exceed $323,800. (CITY) D18.Consideration of Amendment No. 6 to Contract CO 17140 with Mariposa Landscapes, Inc. for Landscape and Irrigation Maintenance on the Haven Avenue and Foothill Boulevard Medians, in an Amount Not to Exceed $297,570. (CITY) D19.Consideration of Amendment No. 6 to Contract CO 19187 with West Coast Arborists, Inc. for Citywide Tree Maintenance Services in an Amount Not to Exceed $1,630,660. (CITY) D20.Consideration of Amendment No. 6 to the Professional Services Agreement with 360 Deep Cleaning Services, LLC for Janitorial Services. (FIRE) D21.Consideration of Amendment No. 7 to Contract CO 16148 with BrightView Landscape Services for Landscape, Irrigation, and Parks Maintenance for Landscape Maintenance District 1 Parks in an Amount Not to Exceed $353,620. (CITY) D22.Consideration of Amendment No. 7 to Contract CO 17142 with Mariposa Landscapes, Inc. for Landscape and Irrigation Maintenance for General Fund and LMD 3B Parkways and Medians, in an Amount Not to Exceed $925,010. (CITY) D23.Consideration of Amendment No. 8 to Contract CO 17143 with Mariposa Landscapes, Inc. for Park Mowing and Facility Landscape Maintenance in an Amount Not to Exceed $943,540 ($857,290 [City] and $86,250 [Fire]). (CITY/FIRE) D24.Consideration of Amendment No. 13 to Contract CO 2012009 with BrightView Landscape Services for Maintenance of Parkway, Paseo, and Median Landscapes within Landscape Maintenance Districts 1 and 5 in an Amount Not to Exceed $300,720. (CITY) D25.Consideration to Accept the Emergency Management Performance Grant Revenue in the Amount of $35,016, Awarded by the California Office of Emergency Services and Administered by the San Bernardino County Fire Department, Office of Emergency Services for Fiscal Year 2022. (CITY/FIRE) D26.Consideration to Accept the LMD2 Victoria – Water Conservation/Landscape Renovation FY 2021 Project as Complete (Contract No. 2021022), File the Notice of Completion, and Authorize Release of Retention and Bonds. (CITY) D27.Consideration to Accept as Complete, File the Notice of Completion and Authorize Release of Retention and Bonds for the Fiscal Year 2022/23 Local Slurry Seal Pavement Rehabilitation Project (Contract No. 2022144). (CITY) D28.Consideration of the Fiscal Year 2022/23 Major Arterial Program, Award of Contracts with Sequel Contractors, Inc. Totaling $2,467,373 for the Lemon Avenue Pavement Rehabilitation Project and the Banyan Street Pavement Rehabilitation Project, Authorization of a 10% Contingency for Both Contracts, Rejection of Bids for the Hermosa Avenue Pavement Rehabilitation Project, Cancellation of the Base Line Road Pavement Rehabilitation Project, and Appropriation of Funds in the Amount of $1,247,100 From the Road Maintenance & Rehabilitation Fund (Fund 179) and the Measure I Fund (Fund 177). These Projects are exempt from the requirements of the California Environmental Quality Act (CEQA) per 14 CCR 15301 – Existing Facilities. (CITY) D29.Consideration of a Purchase and Sale Agreement with Sandra L. Davis, as Successor in Interest to Tony Beletrutti and Flora Beletrutti, Trustees Under Declaration of Trust Dated July 23, 1986, as Amended June 28, 1988 and August 8, 1989 for the Acquisition of a Permanent Public Trail Easement Located at 12089 Foothill Boulevard (Assessor's Parcel Number 0229 02148) in Connection with the Day Creek Channel Bike Trail Project. (CITY) D30.Consideration to Adopt a Resolution Approving Salary Schedules for Job Classifications Employed by the City for Fiscal Year 202324. (RESOLUTION NO. 2023064) (CITY) D31.Consideration to Approve Resolution Adopting a Memorandum of Understanding Between the Rancho Cucamonga Fire Protection District and Rancho Cucamonga Fire Management Employees Group Relative to Wages, Benefits, and Other Terms and Conditions for the Period of July 2023 through June 2026, and Adoption of the Updated Salary Schedule for Fiscal Year 20232024. (RESOLUTION NO. FD 2023017 AND RESOLUTION NO. FD 2023018) (FIRE) E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION F. ADMINISTRATIVE HEARING ITEM(S) G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT G1.Public Hearing to Consider a Resolution to Set Residential, Commercial, and Industrial Solid Waste Collection Rates within the City of Rancho Cucamonga. (RESOLUTION NO. 2023062) (CITY) G2.Public Hearing of the City of Rancho Cucamonga to Consider a Resolution to Order the Dissolution of Landscape Maintenance District No. 5. and Authorization of an Appropriation in the Amount of $26,010. (RESOLUTION NO. 2023063) (CITY) G3.Public Hearing to Consider Adoption of a Resolution Making Determinations Regarding the Proposed Annexation of Territory (Annexation No. 231, Assessor Parcel Number 022916204, 022916205, 022916211, 022916212, and 022916213) into an Existing Community Facilities District, Calling a Special Election, and Authorizing Submittal of Levy of Special Taxes to the Qualified Electors. (RESOLUTION NO. FD 2023014) (FIRE) G4.Public Hearing to Consider Adoption of a Resolution Making Determinations Regarding the Proposed Annexation of Territory (Annexation No. 232, Assessor Parcel Number 022917128) into an Existing Community Facilities District, Calling a Special Election, and Authorizing Submittal of Levy of Special Taxes to the Qualified Electors. (RESOLUTION NO. FD 2023015) (FIRE) G5.Public Hearing to Consider Adoption of a Resolution Making Determinations Regarding the Proposed Annexation of Territory (Annexation No. 233, Assessor Parcel Number 022915127) into an Existing Community Facilities District, Calling a Special Election, and Authorizing Submittal of Levy of Special Taxes to the Qualified Electors. (RESOLUTION NO. FD 2023016) (FIRE) H. CITY MANAGER'S STAFF REPORT(S) H1.Consideration to Receive and File Quarterly Financial Update for the Third Quarter of the Fiscal Year 2022/23. (CITY/FIRE) I. COUNCIL BUSINESS I1.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I2.INTERAGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT CERTIFICATION I, Linda A. Troyan, MMC , City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least SeventyTwo (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 4772700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. CITY COUNCIL VISION STATEMENT “Our Vision is to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive by building on our foundation and success as a world class community.” Page 5 MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. ScottAshley Stickler CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDAJune 21, 202310500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TAPIA CONFERENCE ROOM 4:30 P.M.REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive. It is the Intent to conclude the meeting by 10:00 p.m.unless extended by the concurrence of the City Council. Agendas, minutes, and recordings of meetings can befound at https://www.cityofrc.us/yourgovernment/citycouncilagendas or by contacting the City Clerk's Office at9097742023. Live Broadcast available on Channel 3 (RCTV3).Any documents distributed to a majority of the City Council regarding any item on this agenda after distribution ofthe agenda packet will be made available in the City Clerk Services Department during normal business hours atCity Hall located at 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. In addition, such documents will beposted on the City’s website at https://www.cityofrc.us/yourgovernment/citycouncilagendas.CLOSED SESSION – 4:30 P.M. TAPIA CONFERENCE ROOM ROLL CALL: Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott and SticklerA. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)C. CITY MANAGER ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LABOR NEGOTIATORS JENIFER PHILLIPS, DIRECTOR OF HUMANRESOURCES; ROBERT NEIUBER, SENIOR HUMAN RESOURCES DIRECTOR; AND NOAHDANIELS, FINANCE DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDINGLABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 ANDFIRE MANAGEMENT EMPLOYEES GROUP. (CITY/FIRE)D2.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8408 ROCHESTER AVENUE, RANCHO CUCAMONGA,CA 91730 (RANCHO CUCAMONGA EPICENTER STADIUM); AGENCY NEGOTIATORS: JOHNGILLISON AND ELISA COX, REPRESENTING THE CITY OF RANCHO CUCAMONGA;NEGOTIATING PARTY: RANCHO BASEBALL LLC; REGARDING PRICE AND TERMS OF PAYMENT.(CITY)D3.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH(1)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE'S INC. V. CITY OF RANCHOCUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASENO. 5:20CV02506JGBSP (CITY)D4.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF CIVICCENTER DRIVE AND HAVEN AVENUE IDENTIFIED AS PARCEL NUMBER 0208331400000; AND0208331470000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER AND MATT BURRIS,DEPUTY CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA; AND JASONTOLLESON, COFOUNDER, PRINCIPAL SERRANO DEVELOPMENT GROUP REGARDINGPRICE AND TERMS. – CITYD5.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH (1)OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9; NAME OF CASE: ROCCOCENTENO V. CITY OF RANCHO CUCAMONGA, ET AL., SBSC CASE NO. CIVSB2208653. (CITY)E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the CouncilChambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.REGULAR MEETING – 7:00 P.M.COUNCIL CHAMBERSPLEDGE OF ALLEGIANCEROLL CALL:Mayor MichaelMayor Pro Tem KennedyCouncil Members Hutchison, Scott and SticklerA. AMENDMENTS TO THE AGENDAB. ANNOUNCEMENT / PRESENTATIONSB1.Presentation of Rancho Cucamonga’s Ranking – 2023’s Best & Worst Place to Raise a Family. 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 Regular Meetings of June 7, 2023 and Special Meetingof June 12, 2023.D2.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of$1,952,864.74 and City and Fire District Weekly Check Registers (Excluding Checks Issued toSouthern California Gas Company) in the Total Amount of $3,405,334.06 Dated May 25, 2023,Through June 11, 2023. (CITY/FIRE)D3.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued toSouthern California Gas Company in the Total Amount of $2,614.96 Dated May 25, 2023,Through June 11, 2023. (CITY/FIRE)D4.Consideration to Receive and File Current Investment Schedules as of May 31, 2023 for theCity of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE)D5.Consideration of the Automatic Aid and Mutual Aid Agreement Between the RanchoCucamonga Fire Protection District and the City of Ontario. (FIRE)D6.Consideration of a Contract with CT&T Concrete Paving, Inc. for the Concrete RehabilitationProject FY 2223 in an Amount of $471,295 Plus a Contingency of $142,611. (CITY)D7.Consideration of an Increase to AMG & Associates, Inc. Contract No. FD 2021001 in theAmount of $63,610 for Installation of a 24/7 Library Kiosk at the Fire Station 178 Project.(CITY/FIRE)D8.Consideration to Reject Bids for the Traffic Signal Modification FY 21/22 Project as NonResponsive to the Needs of the City. (CITY)D9.Consideration to Issue a Purchase Order for the Purchase of Itron Smart Meters, CurrentTransformers and Test Switches from McAvoy and Markham Engineering and Sales in theAmount of $380,000 and an Appropriation in the Amount of $380,000. (CITY)D10.Consideration of a Contract with Envisionware, Inc. in an Amount Not to Exceed $188,050 forthe Purchase and Installation of a 24/7 Library Materials Kiosk to be Located at Fire Station178. (CITY)D11.Consideration of a Contract with HL Hitchcock Construction, Inc., in the Amount of $165,530Plus a 15% Contingency in the amount of $24,830 from the LMD 1 Fund (Fund 130) for theAlmond Trail Drainage Improvements Project. This Project is exempt from the requirements ofthe California Environmental Quality Act (CEQA) per Government Code Section 15301 –Existing Facilities. (CITY)D12.Consideration to Approve the Continued Use and Appropriation of Funds for an Amount Not toExceed $45,000 for Midwest Tape to Provide Digital Media Content Using the Hoopla Platformfor FY 2023/2024. (CITY)D13.Consideration of Amendment No. 1 to Contract No. 2022070 with Mariposa Landscapes, Inc.for LMD 2 Parkway Paseo and Median Island Landscape and Irrigation Maintenance in anAmount Not to Exceed $1,697,730. (CITY)D14.Consideration of Amendment No. 3 to Contract CO 2020030 with Mariposa Landscapes, Inc.for LMD 4R Parkway Paseo and Median Island Landscape and Irrigation Maintenance in anAmount Not to Exceed $570,905. (CITY)D15.Consideration of Amendment No. 03 to Professional Services Agreement (Contract No. CO18122) with Moffatt & Nichol, to Extend the Term of the Agreement for the Etiwanda Avenue GradeSeparation Project. (CITY)D16.Consideration of Amendment No. 5 to Contract CO 18030 with MariposaLandscapes, Inc. forLandscape and Irrigation Maintenance of LMDs 6, 7, 8, 9, and 10 Parkways, Paseos, andMedians in an Amount Not to Exceed $1,146,600. (CITY)D17.Consideration of Amendment No. 6 to Contract CO 16262 with BrightView LandscapeServices for Landscape, Irrigation, and Parks Maintenance for PD85 Parks in an Amount Notto Exceed $323,800. (CITY)D18.Consideration of Amendment No. 6 to Contract CO 17140 with Mariposa Landscapes, Inc. forLandscape and Irrigation Maintenance on the Haven Avenue and Foothill Boulevard Medians,in an Amount Not to Exceed $297,570. (CITY)D19.Consideration of Amendment No. 6 to Contract CO 19187 with West Coast Arborists, Inc. forCitywide Tree Maintenance Services in an Amount Not to Exceed $1,630,660. (CITY)D20.Consideration of Amendment No. 6 to the Professional Services Agreement with 360 DeepCleaning Services, LLC for Janitorial Services. (FIRE)D21.Consideration of Amendment No. 7 to Contract CO 16148 with BrightView LandscapeServices for Landscape, Irrigation, and Parks Maintenance for Landscape Maintenance District1 Parks in an Amount Not to Exceed $353,620. (CITY)D22.Consideration of Amendment No. 7 to Contract CO 17142 with Mariposa Landscapes, Inc. for Landscape and Irrigation Maintenance for General Fund and LMD 3B Parkways and Medians, in an Amount Not to Exceed $925,010. (CITY) D23.Consideration of Amendment No. 8 to Contract CO 17143 with Mariposa Landscapes, Inc. for Park Mowing and Facility Landscape Maintenance in an Amount Not to Exceed $943,540 ($857,290 [City] and $86,250 [Fire]). (CITY/FIRE) D24.Consideration of Amendment No. 13 to Contract CO 2012009 with BrightView Landscape Services for Maintenance of Parkway, Paseo, and Median Landscapes within Landscape Maintenance Districts 1 and 5 in an Amount Not to Exceed $300,720. (CITY) D25.Consideration to Accept the Emergency Management Performance Grant Revenue in the Amount of $35,016, Awarded by the California Office of Emergency Services and Administered by the San Bernardino County Fire Department, Office of Emergency Services for Fiscal Year 2022. (CITY/FIRE) D26.Consideration to Accept the LMD2 Victoria – Water Conservation/Landscape Renovation FY 2021 Project as Complete (Contract No. 2021022), File the Notice of Completion, and Authorize Release of Retention and Bonds. (CITY) D27.Consideration to Accept as Complete, File the Notice of Completion and Authorize Release of Retention and Bonds for the Fiscal Year 2022/23 Local Slurry Seal Pavement Rehabilitation Project (Contract No. 2022144). (CITY) D28.Consideration of the Fiscal Year 2022/23 Major Arterial Program, Award of Contracts with Sequel Contractors, Inc. Totaling $2,467,373 for the Lemon Avenue Pavement Rehabilitation Project and the Banyan Street Pavement Rehabilitation Project, Authorization of a 10% Contingency for Both Contracts, Rejection of Bids for the Hermosa Avenue Pavement Rehabilitation Project, Cancellation of the Base Line Road Pavement Rehabilitation Project, and Appropriation of Funds in the Amount of $1,247,100 From the Road Maintenance & Rehabilitation Fund (Fund 179) and the Measure I Fund (Fund 177). These Projects are exempt from the requirements of the California Environmental Quality Act (CEQA) per 14 CCR 15301 – Existing Facilities. (CITY) D29.Consideration of a Purchase and Sale Agreement with Sandra L. Davis, as Successor in Interest to Tony Beletrutti and Flora Beletrutti, Trustees Under Declaration of Trust Dated July 23, 1986, as Amended June 28, 1988 and August 8, 1989 for the Acquisition of a Permanent Public Trail Easement Located at 12089 Foothill Boulevard (Assessor's Parcel Number 0229 02148) in Connection with the Day Creek Channel Bike Trail Project. (CITY) D30.Consideration to Adopt a Resolution Approving Salary Schedules for Job Classifications Employed by the City for Fiscal Year 202324. (RESOLUTION NO. 2023064) (CITY) D31.Consideration to Approve Resolution Adopting a Memorandum of Understanding Between the Rancho Cucamonga Fire Protection District and Rancho Cucamonga Fire Management Employees Group Relative to Wages, Benefits, and Other Terms and Conditions for the Period of July 2023 through June 2026, and Adoption of the Updated Salary Schedule for Fiscal Year 20232024. (RESOLUTION NO. FD 2023017 AND RESOLUTION NO. FD 2023018) (FIRE) E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION F. ADMINISTRATIVE HEARING ITEM(S) G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT G1.Public Hearing to Consider a Resolution to Set Residential, Commercial, and Industrial Solid Waste Collection Rates within the City of Rancho Cucamonga. (RESOLUTION NO. 2023062) (CITY) G2.Public Hearing of the City of Rancho Cucamonga to Consider a Resolution to Order the Dissolution of Landscape Maintenance District No. 5. and Authorization of an Appropriation in the Amount of $26,010. (RESOLUTION NO. 2023063) (CITY) G3.Public Hearing to Consider Adoption of a Resolution Making Determinations Regarding the Proposed Annexation of Territory (Annexation No. 231, Assessor Parcel Number 022916204, 022916205, 022916211, 022916212, and 022916213) into an Existing Community Facilities District, Calling a Special Election, and Authorizing Submittal of Levy of Special Taxes to the Qualified Electors. (RESOLUTION NO. FD 2023014) (FIRE) G4.Public Hearing to Consider Adoption of a Resolution Making Determinations Regarding the Proposed Annexation of Territory (Annexation No. 232, Assessor Parcel Number 022917128) into an Existing Community Facilities District, Calling a Special Election, and Authorizing Submittal of Levy of Special Taxes to the Qualified Electors. (RESOLUTION NO. FD 2023015) (FIRE) G5.Public Hearing to Consider Adoption of a Resolution Making Determinations Regarding the Proposed Annexation of Territory (Annexation No. 233, Assessor Parcel Number 022915127) into an Existing Community Facilities District, Calling a Special Election, and Authorizing Submittal of Levy of Special Taxes to the Qualified Electors. (RESOLUTION NO. FD 2023016) (FIRE) H. CITY MANAGER'S STAFF REPORT(S) H1.Consideration to Receive and File Quarterly Financial Update for the Third Quarter of the Fiscal Year 2022/23. (CITY/FIRE) I. COUNCIL BUSINESS I1.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I2.INTERAGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT CERTIFICATION I, Linda A. Troyan, MMC , City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least SeventyTwo (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 4772700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. CITY COUNCIL VISION STATEMENT “Our Vision is to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive by building on our foundation and success as a world class community.” Page 6 MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. ScottAshley Stickler CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDAJune 21, 202310500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TAPIA CONFERENCE ROOM 4:30 P.M.REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive. It is the Intent to conclude the meeting by 10:00 p.m.unless extended by the concurrence of the City Council. Agendas, minutes, and recordings of meetings can befound at https://www.cityofrc.us/yourgovernment/citycouncilagendas or by contacting the City Clerk's Office at9097742023. Live Broadcast available on Channel 3 (RCTV3).Any documents distributed to a majority of the City Council regarding any item on this agenda after distribution ofthe agenda packet will be made available in the City Clerk Services Department during normal business hours atCity Hall located at 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. In addition, such documents will beposted on the City’s website at https://www.cityofrc.us/yourgovernment/citycouncilagendas.CLOSED SESSION – 4:30 P.M. TAPIA CONFERENCE ROOM ROLL CALL: Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott and SticklerA. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)C. CITY MANAGER ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LABOR NEGOTIATORS JENIFER PHILLIPS, DIRECTOR OF HUMANRESOURCES; ROBERT NEIUBER, SENIOR HUMAN RESOURCES DIRECTOR; AND NOAHDANIELS, FINANCE DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDINGLABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 ANDFIRE MANAGEMENT EMPLOYEES GROUP. (CITY/FIRE)D2.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8408 ROCHESTER AVENUE, RANCHO CUCAMONGA,CA 91730 (RANCHO CUCAMONGA EPICENTER STADIUM); AGENCY NEGOTIATORS: JOHNGILLISON AND ELISA COX, REPRESENTING THE CITY OF RANCHO CUCAMONGA;NEGOTIATING PARTY: RANCHO BASEBALL LLC; REGARDING PRICE AND TERMS OF PAYMENT.(CITY)D3.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH(1)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE'S INC. V. CITY OF RANCHOCUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASENO. 5:20CV02506JGBSP (CITY)D4.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF CIVICCENTER DRIVE AND HAVEN AVENUE IDENTIFIED AS PARCEL NUMBER 0208331400000; AND0208331470000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER AND MATT BURRIS,DEPUTY CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA; AND JASONTOLLESON, COFOUNDER, PRINCIPAL SERRANO DEVELOPMENT GROUP REGARDINGPRICE AND TERMS. – CITYD5.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH (1)OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9; NAME OF CASE: ROCCOCENTENO V. CITY OF RANCHO CUCAMONGA, ET AL., SBSC CASE NO. CIVSB2208653. (CITY)E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the CouncilChambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.REGULAR MEETING – 7:00 P.M.COUNCIL CHAMBERSPLEDGE OF ALLEGIANCEROLL CALL:Mayor MichaelMayor Pro Tem KennedyCouncil Members Hutchison, Scott and SticklerA. AMENDMENTS TO THE AGENDAB. ANNOUNCEMENT / PRESENTATIONSB1.Presentation of Rancho Cucamonga’s Ranking – 2023’s Best & Worst Place to Raise a Family. 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 Regular Meetings of June 7, 2023 and Special Meetingof June 12, 2023.D2.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of$1,952,864.74 and City and Fire District Weekly Check Registers (Excluding Checks Issued toSouthern California Gas Company) in the Total Amount of $3,405,334.06 Dated May 25, 2023,Through June 11, 2023. (CITY/FIRE)D3.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued toSouthern California Gas Company in the Total Amount of $2,614.96 Dated May 25, 2023,Through June 11, 2023. (CITY/FIRE)D4.Consideration to Receive and File Current Investment Schedules as of May 31, 2023 for theCity of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE)D5.Consideration of the Automatic Aid and Mutual Aid Agreement Between the RanchoCucamonga Fire Protection District and the City of Ontario. (FIRE)D6.Consideration of a Contract with CT&T Concrete Paving, Inc. for the Concrete RehabilitationProject FY 2223 in an Amount of $471,295 Plus a Contingency of $142,611. (CITY)D7.Consideration of an Increase to AMG & Associates, Inc. Contract No. FD 2021001 in theAmount of $63,610 for Installation of a 24/7 Library Kiosk at the Fire Station 178 Project.(CITY/FIRE)D8.Consideration to Reject Bids for the Traffic Signal Modification FY 21/22 Project as NonResponsive to the Needs of the City. (CITY)D9.Consideration to Issue a Purchase Order for the Purchase of Itron Smart Meters, CurrentTransformers and Test Switches from McAvoy and Markham Engineering and Sales in theAmount of $380,000 and an Appropriation in the Amount of $380,000. (CITY)D10.Consideration of a Contract with Envisionware, Inc. in an Amount Not to Exceed $188,050 forthe Purchase and Installation of a 24/7 Library Materials Kiosk to be Located at Fire Station178. (CITY)D11.Consideration of a Contract with HL Hitchcock Construction, Inc., in the Amount of $165,530Plus a 15% Contingency in the amount of $24,830 from the LMD 1 Fund (Fund 130) for theAlmond Trail Drainage Improvements Project. This Project is exempt from the requirements ofthe California Environmental Quality Act (CEQA) per Government Code Section 15301 –Existing Facilities. (CITY)D12.Consideration to Approve the Continued Use and Appropriation of Funds for an Amount Not toExceed $45,000 for Midwest Tape to Provide Digital Media Content Using the Hoopla Platformfor FY 2023/2024. (CITY)D13.Consideration of Amendment No. 1 to Contract No. 2022070 with Mariposa Landscapes, Inc.for LMD 2 Parkway Paseo and Median Island Landscape and Irrigation Maintenance in anAmount Not to Exceed $1,697,730. (CITY)D14.Consideration of Amendment No. 3 to Contract CO 2020030 with Mariposa Landscapes, Inc.for LMD 4R Parkway Paseo and Median Island Landscape and Irrigation Maintenance in anAmount Not to Exceed $570,905. (CITY)D15.Consideration of Amendment No. 03 to Professional Services Agreement (Contract No. CO18122) with Moffatt & Nichol, to Extend the Term of the Agreement for the Etiwanda Avenue GradeSeparation Project. (CITY)D16.Consideration of Amendment No. 5 to Contract CO 18030 with MariposaLandscapes, Inc. forLandscape and Irrigation Maintenance of LMDs 6, 7, 8, 9, and 10 Parkways, Paseos, andMedians in an Amount Not to Exceed $1,146,600. (CITY)D17.Consideration of Amendment No. 6 to Contract CO 16262 with BrightView LandscapeServices for Landscape, Irrigation, and Parks Maintenance for PD85 Parks in an Amount Notto Exceed $323,800. (CITY)D18.Consideration of Amendment No. 6 to Contract CO 17140 with Mariposa Landscapes, Inc. forLandscape and Irrigation Maintenance on the Haven Avenue and Foothill Boulevard Medians,in an Amount Not to Exceed $297,570. (CITY)D19.Consideration of Amendment No. 6 to Contract CO 19187 with West Coast Arborists, Inc. forCitywide Tree Maintenance Services in an Amount Not to Exceed $1,630,660. (CITY)D20.Consideration of Amendment No. 6 to the Professional Services Agreement with 360 DeepCleaning Services, LLC for Janitorial Services. (FIRE)D21.Consideration of Amendment No. 7 to Contract CO 16148 with BrightView LandscapeServices for Landscape, Irrigation, and Parks Maintenance for Landscape Maintenance District1 Parks in an Amount Not to Exceed $353,620. (CITY)D22.Consideration of Amendment No. 7 to Contract CO 17142 with Mariposa Landscapes, Inc. forLandscape and Irrigation Maintenance for General Fund and LMD 3B Parkways and Medians,in an Amount Not to Exceed $925,010. (CITY)D23.Consideration of Amendment No. 8 to Contract CO 17143 with Mariposa Landscapes, Inc. forPark Mowing and Facility Landscape Maintenance in an Amount Not to Exceed $943,540($857,290 [City] and $86,250 [Fire]). (CITY/FIRE)D24.Consideration of Amendment No. 13 to Contract CO 2012009 with BrightView LandscapeServices for Maintenance of Parkway, Paseo, and Median Landscapes within LandscapeMaintenance Districts 1 and 5 in an Amount Not to Exceed $300,720. (CITY)D25.Consideration to Accept the Emergency Management Performance Grant Revenue in theAmount of $35,016, Awarded by the California Office of Emergency Services andAdministered by the San Bernardino County Fire Department, Office of Emergency Servicesfor Fiscal Year 2022. (CITY/FIRE)D26.Consideration to Accept the LMD2 Victoria – Water Conservation/Landscape Renovation FY2021 Project as Complete (Contract No. 2021022), File the Notice of Completion, andAuthorize Release of Retention and Bonds. (CITY)D27.Consideration to Accept as Complete, File the Notice of Completion and Authorize Release ofRetention and Bonds for the Fiscal Year 2022/23 Local Slurry Seal Pavement RehabilitationProject (Contract No. 2022144). (CITY)D28.Consideration of the Fiscal Year 2022/23 Major Arterial Program, Award of Contracts withSequel Contractors, Inc. Totaling $2,467,373 for the Lemon Avenue Pavement RehabilitationProject and the Banyan Street Pavement Rehabilitation Project, Authorization of a 10%Contingency for Both Contracts, Rejection of Bids for the Hermosa Avenue PavementRehabilitation Project, Cancellation of the Base Line Road Pavement Rehabilitation Project,and Appropriation of Funds in the Amount of $1,247,100 From the Road Maintenance &Rehabilitation Fund (Fund 179) and the Measure I Fund (Fund 177). These Projects are exemptfrom the requirements of the California Environmental Quality Act (CEQA) per 14 CCR 15301 –Existing Facilities. (CITY)D29.Consideration of a Purchase and Sale Agreement with Sandra L. Davis, as Successor inInterest to Tony Beletrutti and Flora Beletrutti, Trustees Under Declaration of Trust Dated July23, 1986, as Amended June 28, 1988 and August 8, 1989 for the Acquisition of a PermanentPublic Trail Easement Located at 12089 Foothill Boulevard (Assessor's Parcel Number 022902148) in Connection with the Day Creek Channel Bike Trail Project. (CITY) D30.Consideration to Adopt a Resolution Approving Salary Schedules for Job Classifications Employed by the City for Fiscal Year 202324. (RESOLUTION NO. 2023064) (CITY) D31.Consideration to Approve Resolution Adopting a Memorandum of Understanding Between the Rancho Cucamonga Fire Protection District and Rancho Cucamonga Fire Management Employees Group Relative to Wages, Benefits, and Other Terms and Conditions for the Period of July 2023 through June 2026, and Adoption of the Updated Salary Schedule for Fiscal Year 20232024. (RESOLUTION NO. FD 2023017 AND RESOLUTION NO. FD 2023018) (FIRE) E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION F. ADMINISTRATIVE HEARING ITEM(S) G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT G1.Public Hearing to Consider a Resolution to Set Residential, Commercial, and Industrial Solid Waste Collection Rates within the City of Rancho Cucamonga. (RESOLUTION NO. 2023062) (CITY) G2.Public Hearing of the City of Rancho Cucamonga to Consider a Resolution to Order the Dissolution of Landscape Maintenance District No. 5. and Authorization of an Appropriation in the Amount of $26,010. (RESOLUTION NO. 2023063) (CITY) G3.Public Hearing to Consider Adoption of a Resolution Making Determinations Regarding the Proposed Annexation of Territory (Annexation No. 231, Assessor Parcel Number 022916204, 022916205, 022916211, 022916212, and 022916213) into an Existing Community Facilities District, Calling a Special Election, and Authorizing Submittal of Levy of Special Taxes to the Qualified Electors. (RESOLUTION NO. FD 2023014) (FIRE) G4.Public Hearing to Consider Adoption of a Resolution Making Determinations Regarding the Proposed Annexation of Territory (Annexation No. 232, Assessor Parcel Number 022917128) into an Existing Community Facilities District, Calling a Special Election, and Authorizing Submittal of Levy of Special Taxes to the Qualified Electors. (RESOLUTION NO. FD 2023015) (FIRE) G5.Public Hearing to Consider Adoption of a Resolution Making Determinations Regarding the Proposed Annexation of Territory (Annexation No. 233, Assessor Parcel Number 022915127) into an Existing Community Facilities District, Calling a Special Election, and Authorizing Submittal of Levy of Special Taxes to the Qualified Electors. (RESOLUTION NO. FD 2023016) (FIRE) H. CITY MANAGER'S STAFF REPORT(S) H1.Consideration to Receive and File Quarterly Financial Update for the Third Quarter of the Fiscal Year 2022/23. (CITY/FIRE) I. COUNCIL BUSINESS I1.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I2.INTERAGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT CERTIFICATION I, Linda A. Troyan, MMC , City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least SeventyTwo (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 4772700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. CITY COUNCIL VISION STATEMENT “Our Vision is to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive by building on our foundation and success as a world class community.” Page 7 MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. ScottAshley Stickler CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDAJune 21, 202310500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TAPIA CONFERENCE ROOM 4:30 P.M.REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive. It is the Intent to conclude the meeting by 10:00 p.m.unless extended by the concurrence of the City Council. Agendas, minutes, and recordings of meetings can befound at https://www.cityofrc.us/yourgovernment/citycouncilagendas or by contacting the City Clerk's Office at9097742023. Live Broadcast available on Channel 3 (RCTV3).Any documents distributed to a majority of the City Council regarding any item on this agenda after distribution ofthe agenda packet will be made available in the City Clerk Services Department during normal business hours atCity Hall located at 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. In addition, such documents will beposted on the City’s website at https://www.cityofrc.us/yourgovernment/citycouncilagendas.CLOSED SESSION – 4:30 P.M. TAPIA CONFERENCE ROOM ROLL CALL: Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott and SticklerA. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)C. CITY MANAGER ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LABOR NEGOTIATORS JENIFER PHILLIPS, DIRECTOR OF HUMANRESOURCES; ROBERT NEIUBER, SENIOR HUMAN RESOURCES DIRECTOR; AND NOAHDANIELS, FINANCE DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDINGLABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 ANDFIRE MANAGEMENT EMPLOYEES GROUP. (CITY/FIRE)D2.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8408 ROCHESTER AVENUE, RANCHO CUCAMONGA,CA 91730 (RANCHO CUCAMONGA EPICENTER STADIUM); AGENCY NEGOTIATORS: JOHNGILLISON AND ELISA COX, REPRESENTING THE CITY OF RANCHO CUCAMONGA;NEGOTIATING PARTY: RANCHO BASEBALL LLC; REGARDING PRICE AND TERMS OF PAYMENT.(CITY)D3.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH(1)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE'S INC. V. CITY OF RANCHOCUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASENO. 5:20CV02506JGBSP (CITY)D4.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF CIVICCENTER DRIVE AND HAVEN AVENUE IDENTIFIED AS PARCEL NUMBER 0208331400000; AND0208331470000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER AND MATT BURRIS,DEPUTY CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA; AND JASONTOLLESON, COFOUNDER, PRINCIPAL SERRANO DEVELOPMENT GROUP REGARDINGPRICE AND TERMS. – CITYD5.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH (1)OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9; NAME OF CASE: ROCCOCENTENO V. CITY OF RANCHO CUCAMONGA, ET AL., SBSC CASE NO. CIVSB2208653. (CITY)E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the CouncilChambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.REGULAR MEETING – 7:00 P.M.COUNCIL CHAMBERSPLEDGE OF ALLEGIANCEROLL CALL:Mayor MichaelMayor Pro Tem KennedyCouncil Members Hutchison, Scott and SticklerA. AMENDMENTS TO THE AGENDAB. ANNOUNCEMENT / PRESENTATIONSB1.Presentation of Rancho Cucamonga’s Ranking – 2023’s Best & Worst Place to Raise a Family. 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 Regular Meetings of June 7, 2023 and Special Meetingof June 12, 2023.D2.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of$1,952,864.74 and City and Fire District Weekly Check Registers (Excluding Checks Issued toSouthern California Gas Company) in the Total Amount of $3,405,334.06 Dated May 25, 2023,Through June 11, 2023. (CITY/FIRE)D3.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued toSouthern California Gas Company in the Total Amount of $2,614.96 Dated May 25, 2023,Through June 11, 2023. (CITY/FIRE)D4.Consideration to Receive and File Current Investment Schedules as of May 31, 2023 for theCity of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE)D5.Consideration of the Automatic Aid and Mutual Aid Agreement Between the RanchoCucamonga Fire Protection District and the City of Ontario. (FIRE)D6.Consideration of a Contract with CT&T Concrete Paving, Inc. for the Concrete RehabilitationProject FY 2223 in an Amount of $471,295 Plus a Contingency of $142,611. (CITY)D7.Consideration of an Increase to AMG & Associates, Inc. Contract No. FD 2021001 in theAmount of $63,610 for Installation of a 24/7 Library Kiosk at the Fire Station 178 Project.(CITY/FIRE)D8.Consideration to Reject Bids for the Traffic Signal Modification FY 21/22 Project as NonResponsive to the Needs of the City. (CITY)D9.Consideration to Issue a Purchase Order for the Purchase of Itron Smart Meters, CurrentTransformers and Test Switches from McAvoy and Markham Engineering and Sales in theAmount of $380,000 and an Appropriation in the Amount of $380,000. (CITY)D10.Consideration of a Contract with Envisionware, Inc. in an Amount Not to Exceed $188,050 forthe Purchase and Installation of a 24/7 Library Materials Kiosk to be Located at Fire Station178. (CITY)D11.Consideration of a Contract with HL Hitchcock Construction, Inc., in the Amount of $165,530Plus a 15% Contingency in the amount of $24,830 from the LMD 1 Fund (Fund 130) for theAlmond Trail Drainage Improvements Project. This Project is exempt from the requirements ofthe California Environmental Quality Act (CEQA) per Government Code Section 15301 –Existing Facilities. (CITY)D12.Consideration to Approve the Continued Use and Appropriation of Funds for an Amount Not toExceed $45,000 for Midwest Tape to Provide Digital Media Content Using the Hoopla Platformfor FY 2023/2024. (CITY)D13.Consideration of Amendment No. 1 to Contract No. 2022070 with Mariposa Landscapes, Inc.for LMD 2 Parkway Paseo and Median Island Landscape and Irrigation Maintenance in anAmount Not to Exceed $1,697,730. (CITY)D14.Consideration of Amendment No. 3 to Contract CO 2020030 with Mariposa Landscapes, Inc.for LMD 4R Parkway Paseo and Median Island Landscape and Irrigation Maintenance in anAmount Not to Exceed $570,905. (CITY)D15.Consideration of Amendment No. 03 to Professional Services Agreement (Contract No. CO18122) with Moffatt & Nichol, to Extend the Term of the Agreement for the Etiwanda Avenue GradeSeparation Project. (CITY)D16.Consideration of Amendment No. 5 to Contract CO 18030 with MariposaLandscapes, Inc. forLandscape and Irrigation Maintenance of LMDs 6, 7, 8, 9, and 10 Parkways, Paseos, andMedians in an Amount Not to Exceed $1,146,600. (CITY)D17.Consideration of Amendment No. 6 to Contract CO 16262 with BrightView LandscapeServices for Landscape, Irrigation, and Parks Maintenance for PD85 Parks in an Amount Notto Exceed $323,800. (CITY)D18.Consideration of Amendment No. 6 to Contract CO 17140 with Mariposa Landscapes, Inc. forLandscape and Irrigation Maintenance on the Haven Avenue and Foothill Boulevard Medians,in an Amount Not to Exceed $297,570. (CITY)D19.Consideration of Amendment No. 6 to Contract CO 19187 with West Coast Arborists, Inc. forCitywide Tree Maintenance Services in an Amount Not to Exceed $1,630,660. (CITY)D20.Consideration of Amendment No. 6 to the Professional Services Agreement with 360 DeepCleaning Services, LLC for Janitorial Services. (FIRE)D21.Consideration of Amendment No. 7 to Contract CO 16148 with BrightView LandscapeServices for Landscape, Irrigation, and Parks Maintenance for Landscape Maintenance District1 Parks in an Amount Not to Exceed $353,620. (CITY)D22.Consideration of Amendment No. 7 to Contract CO 17142 with Mariposa Landscapes, Inc. forLandscape and Irrigation Maintenance for General Fund and LMD 3B Parkways and Medians,in an Amount Not to Exceed $925,010. (CITY)D23.Consideration of Amendment No. 8 to Contract CO 17143 with Mariposa Landscapes, Inc. forPark Mowing and Facility Landscape Maintenance in an Amount Not to Exceed $943,540($857,290 [City] and $86,250 [Fire]). (CITY/FIRE)D24.Consideration of Amendment No. 13 to Contract CO 2012009 with BrightView LandscapeServices for Maintenance of Parkway, Paseo, and Median Landscapes within LandscapeMaintenance Districts 1 and 5 in an Amount Not to Exceed $300,720. (CITY)D25.Consideration to Accept the Emergency Management Performance Grant Revenue in theAmount of $35,016, Awarded by the California Office of Emergency Services andAdministered by the San Bernardino County Fire Department, Office of Emergency Servicesfor Fiscal Year 2022. (CITY/FIRE)D26.Consideration to Accept the LMD2 Victoria – Water Conservation/Landscape Renovation FY2021 Project as Complete (Contract No. 2021022), File the Notice of Completion, andAuthorize Release of Retention and Bonds. (CITY)D27.Consideration to Accept as Complete, File the Notice of Completion and Authorize Release ofRetention and Bonds for the Fiscal Year 2022/23 Local Slurry Seal Pavement RehabilitationProject (Contract No. 2022144). (CITY)D28.Consideration of the Fiscal Year 2022/23 Major Arterial Program, Award of Contracts withSequel Contractors, Inc. Totaling $2,467,373 for the Lemon Avenue Pavement RehabilitationProject and the Banyan Street Pavement Rehabilitation Project, Authorization of a 10%Contingency for Both Contracts, Rejection of Bids for the Hermosa Avenue PavementRehabilitation Project, Cancellation of the Base Line Road Pavement Rehabilitation Project,and Appropriation of Funds in the Amount of $1,247,100 From the Road Maintenance &Rehabilitation Fund (Fund 179) and the Measure I Fund (Fund 177). These Projects are exemptfrom the requirements of the California Environmental Quality Act (CEQA) per 14 CCR 15301 –Existing Facilities. (CITY)D29.Consideration of a Purchase and Sale Agreement with Sandra L. Davis, as Successor inInterest to Tony Beletrutti and Flora Beletrutti, Trustees Under Declaration of Trust Dated July23, 1986, as Amended June 28, 1988 and August 8, 1989 for the Acquisition of a PermanentPublic Trail Easement Located at 12089 Foothill Boulevard (Assessor's Parcel Number 022902148) in Connection with the Day Creek Channel Bike Trail Project. (CITY)D30.Consideration to Adopt a Resolution Approving Salary Schedules for Job ClassificationsEmployed by the City for Fiscal Year 202324. (RESOLUTION NO. 2023064) (CITY)D31.Consideration to Approve Resolution Adopting a Memorandum of Understanding Between theRancho Cucamonga Fire Protection District and Rancho Cucamonga Fire ManagementEmployees Group Relative to Wages, Benefits, and Other Terms and Conditions for the Periodof July 2023 through June 2026, and Adoption of the Updated Salary Schedule for Fiscal Year20232024. (RESOLUTION NO. FD 2023017 AND RESOLUTION NO. FD 2023018)(FIRE)E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTIONF. ADMINISTRATIVE HEARING ITEM(S)G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICTG1.Public Hearing to Consider a Resolution to Set Residential, Commercial, and Industrial Solid WasteCollection Rates within the City of Rancho Cucamonga. (RESOLUTION NO. 2023062) (CITY)G2.Public Hearing of the City of Rancho Cucamonga to Consider a Resolution to Order the Dissolutionof Landscape Maintenance District No. 5. and Authorization of an Appropriation in the Amount of$26,010. (RESOLUTION NO. 2023063) (CITY)G3.Public Hearing to Consider Adoption of a Resolution Making Determinations Regarding the ProposedAnnexation of Territory (Annexation No. 231, Assessor Parcel Number 022916204, 022916205,022916211, 022916212, and 022916213) into an Existing Community Facilities District, Calling aSpecial Election, and Authorizing Submittal of Levy of Special Taxes to the Qualified Electors.(RESOLUTION NO. FD 2023014) (FIRE)G4.Public Hearing to Consider Adoption of a Resolution Making Determinations Regarding the ProposedAnnexation of Territory (Annexation No. 232, Assessor Parcel Number 022917128) into an ExistingCommunity Facilities District, Calling a Special Election, and Authorizing Submittal of Levy of SpecialTaxes to the Qualified Electors. (RESOLUTION NO. FD 2023015) (FIRE)G5.Public Hearing to Consider Adoption of a Resolution Making Determinations Regarding the ProposedAnnexation of Territory (Annexation No. 233, Assessor Parcel Number 022915127) into an Existing Community Facilities District, Calling a Special Election, and Authorizing Submittal of Levy of Special Taxes to the Qualified Electors. (RESOLUTION NO. FD 2023016) (FIRE) H. CITY MANAGER'S STAFF REPORT(S) H1.Consideration to Receive and File Quarterly Financial Update for the Third Quarter of the Fiscal Year 2022/23. (CITY/FIRE) I. COUNCIL BUSINESS I1.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I2.INTERAGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT CERTIFICATION I, Linda A. Troyan, MMC , City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least SeventyTwo (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 4772700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. CITY COUNCIL VISION STATEMENT “Our Vision is to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive by building on our foundation and success as a world class community.” Page 8 2023’S Best Places to Raise a Family WALLETHUB REPORT 2023’S Best Places to Raise a Family WALLETHUB REPORT RANCHO CUCAMONGA, CA35 •Family Fun •Health & Safety •Education & Child Care •Affordability •Socio-economics KEY METRICS 2023’S Best Places to Raise a Family WALLETHUB REPORT •# 35 in Nation •# 7 in State •# 4 in Southern CA •#1 in Inland Empire RC Ranked 2023’S Best Places to Raise a Family WALLETHUB REPORT Family Fun -Key Indicators •Playgrounds per Capita •Parkland Acreage per Capita •Walkability •Recreation Friendliness •Families with Young Children •Average Commute Time 2023’S Best Places to Raise a Family WALLETHUB REPORT Health & Safety -Key Indicators •Air Quality and Water Quality •Access to Healthy Foods •Violent-Crime Rate per Capita •Property-Crime Rate per Capita •Driving Fatalities per Capita •Percentage of Residents Vaccinated 2023’S Best Places to Raise a Family WALLETHUB REPORT Education & Child Care Key Indicators •School-System Quality •High School Graduation Rate •Child-Care Costs •Child Day-Care Services per Capita •Summer Learning Opportunities per Capita 2023’S Best Places to Raise a Family WALLETHUB REPORT Affordability Key Indicators •Cost of Living •Housing Affordability •Wallet Wellness 2023’S Best Places to Raise a Family WALLETHUB REPORT Socio-Economics Key Indicators •Unemployment Rate •Underemployment Rate •Foreclosure Rate •Share of Two-Parent Families 2023’S Best Places to Raise a Family WALLETHUB REPORT Thank You *DRAFT* June 7, 2023 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 1 of 5 June 7, 2023 CITY OF RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCE AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES The City Council of the City of Rancho Cucamonga held a closed session on Wednesday, June 7, 2023, in the Tapia Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 4:30 p.m. Present were Council Members: Ryan Hutchison, Kristine Scott, Mayor Pro Tem Lynne Kennedy and Mayor L. Dennis Michael. Absent: Council Member Ashley Stickler. Also present were: John Gillison, City Manager; Elisa Cox, Assistant City Manager; Nicholas Ghirelli, City Attorney; Matt Burris, Deputy City Manager/Economic and Community Development and Julie Sowles, Deputy City Manager/Civic and Cultural Services. A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No public communications were made. C. CITY MANAGER ANNOUNCEMENTS None. D. CONDUCT OF CLOSED SESSION D1. CONFERENCE WITH LABOR NEGOTIATORS JENIFER PHILLIPS, DIRECTOR OF HUMAN RESOURCES; ROBERT NEIUBER, SENIOR HUMAN RESOURCES DIRECTOR; AND NOAH DANIELS, FINANCE DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 AND FIRE MANAGEMENT EMPLOYEES GROUP. (CITY/FIRE) D2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8408 ROCHESTER AVENUE, RANCHO CUCAMONGA, CA 91730 (RANCHO CUCAMONGA EPICENTER STADIUM); AGENCY NEGOTIATORS: JOHN GILLISON AND ELISA COX, REPRESENTING THE CITY OF RANCHO CUCAMONGA; NEGOTIATING PARTY: RANCHO BASEBALL LLC; REGARDING PRICE AND TERMS OF PAYMENT. (CITY) D3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 12521 ARROW ROUTE AND 8688 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913130 AND 31; NEGOTIATING PARTIES, JASON WELDAY, CITY ENGINEER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND GOODMAN RANCHO SPE LLC, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. (CITY) D4. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V. SOUTHERN CALIFORNIA EDISON COMPANY, SBSC CASE NO.: CIVSB2201969. (CITY) Page 9 *DRAFT* June 7, 2023 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 2 of 5 D5. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: WAWANESA GENERAL INSURANCE CO. V. CITY OF RANCHO CUCAMONGA, SAN BERNARDINO COUNTY SUPERIOR COURT CASE NO. CIVSB 2126299. (CITY) E. RECESS The closed session recessed at 6:40 p.m. REGULAR MEETING – 7:00 p.m. CALL TO ORDER – COUNCIL CHAMBERS The Regular meetings of the Rancho Cucamonga Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority, and the City of Rancho Cucamonga City Council were held on June 7, 2023, in the Council Chambers at City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 7:00 p.m. Present were Council Members: Ryan Hutchison, Kristine Scott, Mayor Pro Tem Lynne Kennedy and Mayor L. Dennis Michael. Absent: Council Member Ashley Stickler. Also present were: John Gillison, City Manager; Nicholas Ghirelli, City Attorney; and Jasmin Oriel, CMC, Management Analyst I, City Clerk Services Department. Council Member Hutchison led the Pledge of Allegiance. A. AMENDMENTS TO THE AGENDA None. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of Certificates of Recognition to the Fierce Tigerettes for Winning the Gold Medal at the Cheerleading Worlds Championships of All Star Cheerleading and Dance in Orlando, Florida. Certificates of Recognition presented to the Fierce Tigerettes and Shelby Magelsen, Cheerleading and Dance Coach. B2. Presentation of a Proclamation Recognizing Janet Walton. Proclamation presented to Janet Walton. C. PUBLIC COMMUNICATIONS Janet Walton, shared her appreciation for the City and offered a prayer. D. CONSENT CALENDAR Council Member Scott announced that she will need to abstain on item D3, due to a potential conflict of interest as her employer is Southern California Gas Company. D1. Consideration of Meeting Minutes for Regular Meetings of May 3, 2023 and May 17, 2023. D2. Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $2,023,412.49 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $9,407,509.60 Dated May 08, 2023, Through May 24, 2023. (CITY/FIRE) Page 10 *DRAFT* June 7, 2023 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 3 of 5 D3. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $15,634.49 Dated May 08, 2023, Through May 24, 2023. (CITY/FIRE) D4. Consideration to Approve a SingleSource Procurement of Video Detection System Equipment from RodefX of Claremont, California in an Amount Not to Exceed $137,000 for Fiscal Year 2023/2024. (CITY) D5. Consideration to Approve a SingleSource Procurement of Traffic Signal Cabinets, Controllers, and Related Equipment from Econolite Control Products of Anaheim, California in an Amount Not to Exceed $310,000 for Fiscal Year 2023/2024. (CITY) D6. Consideration of SingleSource Purchase of Asphalt Materials on an AsNeeded Basis from Holliday Rock in Upland, California, in an Amount Not to Exceed $130,000 for Fiscal Year 2023/2024. (CITY) D7. Consideration to Award a Contract to KWall, LLC in the amount of $112,000 and Carahsoft, Inc. in the amount of $ 131,910 to Manage and Host the City’s Public Websites. (CITY) D8. Consideration to Approve a Contract with Lumen Technologies Group in the Amount of $136,800 to Provide Internet Services. (CITY) D9. Consideration of a Contract with Voltaire Engineering, Inc. in the amount of $497,550 Plus a 10% Contingency and an Appropriation in the amount of $258,650 from the Municipal Utility Fund (Fund 705) for the Arbor Substation Exterior Redesign and Storage Improvement Project. This Project is Exempt from the Requirements of the California Environmental Quality Act (CEQA) per Government Code Section 15301 Existing Facilities. (CITY) D10. Consideration of Amendment No. 1 to the Professional Services Agreement (CO 2022018) with DLR Group, LLC, Adding Architectural and Engineering Services for the Archibald Library Relocation Project to the Scope of Work and Increasing the Annual Compensation Limit to $2,103,250. (CITY/FIRE) D11. Consideration to Approve Amendment No. 1 to the Cooperation Agreement for the Home Consortium with San Bernardino County. (CITY) D12. Consideration of Amendment No. 4 to Contract CO 2020107 with Champion Fire Systems for Fire Suppression System Maintenance in an Amount Not to Exceed $130,000 for City and Fire District Facilities. (CITY/FIRE) D13. Consideration of Amendment No. 6 to Contract No. 18102 with Absolute Security International for Security Guard Services in an Amount Not to Exceed $550,000 for City and Fire District Facilities. (CITY/FIRE) D14. Consideration of Amendment No. 7 to Contract 17141 with Commercial Cleaning Systems for Citywide Janitorial Services in an Amount Not to Exceed $1,100,000. (CITY) D15. Consideration of Amendment No. 11 to the Contract with Yunex LLC (Formerly Siemens Mobility, Inc.) (CO# 15103) for Citywide Traffic Signal and Safety Lighting Maintenance Services in the Amount of $1,259,860. (CITY) D16. Consideration of Amendment No. 12 to Contract CO 16114 with EMCOR Services/Mesa Energy Systems for Citywide HVAC Maintenance and Repair Services in an Amount Not to Exceed $850,000 for City and Fire District Facilities. (CITY/FIRE) Page 11 *DRAFT* June 7, 2023 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 4 of 5 D17. Consideration to Accept the HazMat Abatement and Demolition at 8783 Etiwanda Avenue and 12949 Whittram Avenue Project Improvements, File a Notice of Completion, and Authorize Release of Bonds for Resource Environmental Inc. This Project Is Exempt from The California Environmental Quality Act (CEQA) Per Government Code Section 15282(g). (CITY) D18. Consideration to Accept Public Improvements Located on the East Side of Carnelian Avenue, North of Hillside Avenue per the Improvement Agreement Related to Case No. SUBTT20042, as Complete, File the Notice of Completion and Authorize Release of Bonds. (CITY) D19. Consideration of a Resolution Modifying Paying and Reporting the Value of Employer Paid Member Contributions to CALPERS for the Firefighters Local 2274 and Fire Management Employees Group. (RESOLUTION NO. FD 2023011) (FIRE) D20. Consideration to Adopt a Resolution Approving the Updated Rancho Cucamonga Firefighters Local 2274 Salary Schedule for the Fiscal Year 202223. (RESOLUTION NO. FD 2023012) (FIRE) D21. Consideration of a Resolution Approving the Annual Local Responsibility Area Wildland Protection Agreement with the California Department of Forestry and Fire in the Amount of $215,210 for FY 202324. (RESOLUTION NO. FD 2023013) (FIRE) D22. Consideration of a Resolution Confirming Unpaid Weed and Fire Hazard Abatement Fees and Authorizing a Special Assessment on Affected Parcels on the Next Tax Roll. (RESOLUTION NO. 2023044) (CITY/FIRE) D23. Consideration of a Resolution Approving the Application for Grant Funds from the Habitat Conservation Fund Program. (RESOLUTION NO. 2023045) (CITY) D24. Consideration to Approve and Adopt Resolutions Certifying the Results of Elections and Adding Annexation No’s. 20233, 20234, 20235, and 20236 to Community Facilities District No. 202201 (Street Lighting Services) of the City of Rancho Cucamonga. (RESOLUTION NOS. 2023046, 2023047, 2023048 AND 2023049) (CITY) D25. Consideration of Resolutions Declaring Pursuant to Government Code Section 54221 that Certain Real Properties Owned by the City are Surplus Land and Not Necessary for City Use, Finding that Such Declaration is Exempt from Environmental Review Under the California Environmental Quality Act, and Taking Related Actions Thereto. (RESOLUTION NO. 2023 050, RESOLUTION NO. 2023051 AND RESOLUTION NO. 2023052) (CITY) D26. Consideration of Approval of Resolutions for the Landscape Maintenance Districts, Street Lighting Maintenance Districts, and Park and Recreation Improvement District as follows: (1) Resolutions Ordering the Preparation of the Annual Engineer’s Reports; (2) Resolutions Approving the Preliminary Annual Engineer’s Reports; (3) Resolutions of Intention to Levy Annual Assessments and Sets the Time and Place for a Public Hearing for Each. (RESOLUTION NOS. 2023053 TO 2023061) (CITY) MOTION: Moved by Council Member Hutchison, seconded by Mayor Pro Tem Kennedy, to approve Consent Calendar Items D1 through D26, with Council Member Scott abstaining on item D3, due to her employment with Southern California Gas Company. Motion carried 4-0-1. Absent: Council Member Stickler. E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION None. Page 12 *DRAFT* June 7, 2023 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 5 of 5 F. ADMINISTRATIVE HEARING ITEM(S) Mayor Michael announced Administrative Hearing Items F1 and F2 would be presented and acted upon concurrently. F1. Consideration to Approve the Rancho Cucamonga Municipal Utility's Wildfire Mitigation Plan. (CITY) F2. Rancho Cucamonga Fire Protection District's Independent Evaluation of Rancho Cucamonga Municipal Utility's Wildfire Mitigation Plan. (FIRE) City Manager Gillison introduced Fire Marshall, Rob Ball, Emergency Management Coordinator, Joseph Ramos and Management Analyst I, Deborah Allen, who provided the staff report along with a PowerPoint presentation for items F1 and F2. Mayor Michael opened the Administrative Hearings. There were no public communications. Mayor Michael closed the Administrative Hearings. MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison, to approve the Rancho Cucamonga Municipal Utility's Wildfire Mitigation Plan and receive and file the Rancho Cucamonga Fire Protection District’s Independent Evaluation of Rancho Cucamonga Municipal Utility's Wildfire Mitigation Plan. Motion carried 4-0-1. Absent: Council Member Stickler. G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT None. H. CITY MANAGERS STAFF REPORT(S) None. I. COUNCIL BUSINESS I1. COUNCIL ANNOUNCEMENTS None. I2.INTERAGENCY UPDATES None. J. CITY ATTORNEY ITEMS None. K. IDENTIFICATION OF ITEMS FOR NEXT MEETING None. L. ADJOURNMENT Mayor Michael adjourned the Council Meeting at 7:23 p.m. __________________________________ Linda A. Troyan, MMC City Clerk Services Director Approved: Page 13 *DRAFT* June 12, 2023 | City Council Special Meeting Minutes City of Rancho Cucamonga | Page 1 of 1 June 12, 2023 CITY OF RANCHO CUCAMONGA CITY COUNCIL AND FIRE PROTECTION DISTRICT SPECIAL MEETING MINUTES The City of Rancho Cucamonga City Council held a special workshop meeting on Monday, June 12, 2023, in the Black Box Theater, Lewis Family Playhouse, 12505 Cultural Center Drive, Rancho Cucamonga, California. Mayor L. Dennis Michael called the meeting to order at 8:00 a.m. A. ROLL CALL Present were Councilmembers Ryan Hutchison, Kristine Scott, Ashley Stickler, Mayor Pro Tem Lynne Kennedy, and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Elisa Cox, Assistant City Manager; Matt Burris, Deputy City Manager/Economic and Community Development and Julie Sowles, Deputy City Manager/Civic and Cultural Services. B. PUBLIC COMMUNICATIONS No public communications. C. ITEMS OF DISCUSSION C1. Team Building Workshop and Related Legislative Matters. (CITY/FIRE) City Council, City Manager Gillison, and staff reviewed and discussed proposed goals and City Council operations, meeting processes and related policies, and staff provided Core Strengths training. The meeting recessed at 11:30 a.m. for lunch; reconvened at 1:14 p.m. All Members were present. Discussion continued. D. ADJOURNMENT Mayor Michael adjourned the meeting at 4:22 p.m. Approved: __________________________________ Linda A. Troyan, MMC City Clerk Services Director Page 14 DATE:June 21, 2023 TO:Mayor and Members of the City Council President and Members of the Boards of Directors FROM:John R. Gillison, City Manager INITIATED BY:Tamara L. Oatman, Finance Director Veronica Lopez, Accounts Payable Supervisor SUBJECT:Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $1,952,864.74 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $3,405,334.06 Dated May 25, 2023, Through June 11, 2023. (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 $1,205,138.95 and $747,725.79 for the City and the Fire District, respectively. Weekly check register amounts are $3,282,235.03 and $123,099.03 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 15 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 5/25/2023 through 6/11/2023 Check No.Check Date Vendor Name City Fire Amount AP 00015972 05/31/2023 ALL CITY MANAGEMENT SERVICES INC 16,847.92 0.00 16,847.92 AP 00015973 05/31/2023 ASSI SECURITY 450.00 0.00 450.00 AP 00015974 05/31/2023 BUREAU VERITAS NORTH AMERICA INC 2,171.00 0.00 2,171.00 AP 00015975 05/31/2023 CALIF GOVERNMENT VEBA / RANCHO CUCAMONGA 36,032.96 0.00 36,032.96 AP 00015976 05/31/2023 CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT 767.88 0.00 767.88 AP 00015977 05/31/2023 COLLABORATIVE SOLUTIONS LLC 187,633.00 0.00 187,633.00 AP 00015978 05/31/2023 DIAMOND ENVIRONMENTAL SERVICES 220.68 0.00 220.68 AP 00015979 05/31/2023 GENERATOR SERVICES CO INC 0.00 703.31 703.31 AP 00015980 05/31/2023 GOLDEN SUN ENTERPRISE INC 378,195.10 0.00 378,195.10 AP 00015981 05/31/2023 GRANICUS LLC 3,000.00 0.00 3,000.00 AP 00015982 05/31/2023 HAMPTON LIVING 576.00 0.00 576.00 AP 00015983 05/31/2023 RCCEA 1,485.50 0.00 1,485.50 AP 00015984 05/31/2023 RCPFA 13,553.74 0.00 13,553.74 AP 00015985 06/07/2023 360 DEEP CLEANING LLC 0.00 9,825.10 9,825.10 AP 00015986 06/07/2023 ABSOLUTE SECURITY INTERNATIONAL INC 15,148.66 0.00 15,148.66 AP 00015987 06/07/2023 AMAZON WEB SERVICES INC 3,683.42 0.00 3,683.42 AP 00015988 06/07/2023 ASSI SECURITY 600.00 0.00 600.00 AP 00015989 06/07/2023 BUREAU OF RECLAMATION 973.01 0.00 973.01 AP 00015990 06/07/2023 CT WEST INC 5,307.31 0.00 5,307.31 AP 00015991 06/07/2023 DATA TICKET INC 20,291.69 0.00 20,291.69 AP 00015992 06/07/2023 DELTA DENTAL INSURANCE COMPANY 905.10 0.00 905.10 AP 00015993 06/07/2023 DELTA DENTAL OF CALIFORNIA 44,731.56 0.00 44,731.56 AP 00015994 06/07/2023 DIAMOND ENVIRONMENTAL SERVICES 431.00 0.00 431.00 AP 00015995 06/07/2023 ELECNOR BELCO ELECTRIC INC 23,591.25 0.00 23,591.25 AP 00015996 06/07/2023 FEHR & PEERS 37,137.55 0.00 37,137.55 AP 00015997 06/07/2023 ILAND INTERNET SOLUTIONS 1,200.23 0.00 1,200.23 AP 00015998 06/07/2023 MIDWEST TAPE LLC 7,628.69 0.00 7,628.69 AP 00015999 06/07/2023 MOFFATT & NICHOL 58,552.47 0.00 58,552.47 AP 00016000 06/07/2023 PRIVATE BRAND MFG 2,817.47 0.00 2,817.47 AP 00016001 06/07/2023 TICKETS.COM 15,000.00 0.00 15,000.00 AP 00016002 06/07/2023 US DEPARTMENT OF ENERGY 7,127.09 0.00 7,127.09 AP 00432479 05/31/2023 ACTION AWARDS INC 645.50 0.00 645.50 AP 00432480 05/31/2023 AFLAC 24.58 0.00 24.58 AP 00432481 05/31/2023 ALTA LAGUNA MOBILE HOME PARK - CA LLC 400.00 0.00 400.00 AP 00432482 05/31/2023 ALTA VISTA MOBILE HOME PARK 292.58 0.00 292.58 AP 00432483 05/31/2023 ALVARADO, SAMUEL 29.38 0.00 29.38 AP 00432484 05/31/2023 ALVAREZ, MARIA ELENA 918.00 0.00 918.00 AP 00432485 05/31/2023 AME BUILDERS INC 30,808.11 0.00 30,808.11 AP 00432486 05/31/2023 APX INC 3,583.20 0.00 3,583.20 AP 00432487 05/31/2023 ARCHIBALD FLOWERS 150.00 0.00 150.00 AP 00432488 05/31/2023 ARCTOSTAPHYLOS 386.40 0.00 386.40 AP 00432489 05/31/2023 AROCHO, ALMA 1,497.60 0.00 1,497.60 AP 00432490 05/31/2023 AUTO & RV SPECIALISTS INC 104.93 0.00 104.93 AP 00432491 05/31/2023 BAST, KAROLYN 672.00 0.00 672.00 AP 00432492 05/31/2023 BERLITZ LANGUAGES INC 375.00 0.00 375.00 AP 00432493 05/31/2023 BOURLAND, CAROL JEAN 120.00 0.00 120.00 AP 00432494 05/31/2023 BRODART CO 16,359.32 0.00 16,359.32 07:17:23 06/12/2023Current Date:VLOPEZ - Veronica Lopez Page:1 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 16 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 5/25/2023 through 6/11/2023 Check No.Check Date Vendor Name City Fire Amount AP 00432495 05/31/2023 C V W D 186.36 0.00 186.36 ***AP 00432496 05/31/2023 C V W D 148.95 347.54 496.49 AP 00432497 05/31/2023 C V W D 160.50 0.00 160.50 ***AP 00432503 05/31/2023 C V W D 53,195.26 381.47 53,576.73 AP 00432504 05/31/2023 CAL FIRE 0.00 980.00 980.00 AP 00432505 05/31/2023 CALIFORNIA, STATE OF 200.00 0.00 200.00 AP 00432506 05/31/2023 CALIFORNIA, STATE OF 50.00 0.00 50.00 AP 00432507 05/31/2023 CAMPOS, JAIME A 1,000.00 0.00 1,000.00 AP 00432508 05/31/2023 CASA VOLANTE ESTATES 600.00 0.00 600.00 AP 00432509 05/31/2023 CASTANEDA, ABEL 0.00 163.93 163.93 AP 00432510 05/31/2023 CHAMPION FIRE SYSTEMS INC 4,006.39 0.00 4,006.39 AP 00432511 05/31/2023 CHAPARRAL HEIGHTS MOBILE HOME PARK 300.00 0.00 300.00 AP 00432512 05/31/2023 CINTAS CORPORATION 0.00 364.57 364.57 AP 00432513 05/31/2023 CLARK, KAREN 768.00 0.00 768.00 AP 00432514 05/31/2023 CONKLIN, JACQUELINE 78.43 0.00 78.43 AP 00432515 05/31/2023 CORODATA MEDIA STORAGE INC 50.00 0.00 50.00 AP 00432516 05/31/2023 CREATIVE BRAIN LEARNING LLC 168.00 0.00 168.00 AP 00432517 05/31/2023 CRIME SCENE STERI-CLEAN LLC 540.00 0.00 540.00 AP 00432518 05/31/2023 D & K CONCRETE COMPANY 922.34 0.00 922.34 AP 00432519 05/31/2023 DAKTRONICS INC 524,838.75 0.00 524,838.75 AP 00432520 05/31/2023 DAVIES, JOSEPH 57.31 0.00 57.31 AP 00432521 05/31/2023 DENG, QINGFENG 72.00 0.00 72.00 AP 00432522 05/31/2023 DEPENDABLE COMPANY INC 30.00 0.00 30.00 AP 00432523 05/31/2023 DICUS SHERIFF-CORONER, SHANNON D 232.90 0.00 232.90 AP 00432524 05/31/2023 DOLLARHIDE, GINGER 132.00 0.00 132.00 ***AP 00432526 05/31/2023 FRONTIER COMM 2,020.96 899.72 2,920.68 ***AP 00432527 05/31/2023 FRONTIER COMM 178.75 417.07 595.82 AP 00432528 05/31/2023 FRONTIER COMM 0.00 41.26 41.26 AP 00432529 05/31/2023 G/M BUSINESS INTERIORS 4,141.76 0.00 4,141.76 AP 00432530 05/31/2023 GLADWELL GOVERNMENTAL SERVICES 1,200.00 0.00 1,200.00 AP 00432531 05/31/2023 GRAINGER 2,338.89 0.00 2,338.89 AP 00432532 05/31/2023 GRAPHICS FACTORY PRINTING INC 103.71 0.00 103.71 AP 00432533 05/31/2023 GROVES ON FOOTHILL, THE 200.00 0.00 200.00 AP 00432534 05/31/2023 HCI ENVIRONMENTAL & ENGINEERING SVC 11,942.04 0.00 11,942.04 AP 00432535 05/31/2023 HILL'S PET NUTRITION SALES INC 1,010.62 0.00 1,010.62 AP 00432536 05/31/2023 HOLLIDAY ROCK CO INC 1,655.04 0.00 1,655.04 AP 00432537 05/31/2023 HOMETOWN AMERICA - RAMONA VILLA MHP 300.00 0.00 300.00 AP 00432538 05/31/2023 HOSE-MAN INC 892.28 0.00 892.28 AP 00432539 05/31/2023 HUGHES, THOMAS 58.92 0.00 58.92 AP 00432540 05/31/2023 IDEXX DISTRIBUTION INC 1,021.48 0.00 1,021.48 AP 00432541 05/31/2023 INLAND PACIFIC BALLET 67,909.20 0.00 67,909.20 AP 00432542 05/31/2023 INTERSTATE ALL BATTERY CENTER 980.31 0.00 980.31 AP 00432543 05/31/2023 INTERVET INC 484.88 0.00 484.88 AP 00432544 05/31/2023 KAISER FOUNDATION HEALTH PLAN INC 269,948.33 0.00 269,948.33 AP 00432545 05/31/2023 KEITH, JORRY 350.00 0.00 350.00 AP 00432546 05/31/2023 KENNEDY EQUIPMENT CO INC 835.23 0.00 835.23 AP 00432547 05/31/2023 KIMLEY-HORN & ASSOCIATES INC 33,820.00 0.00 33,820.00 07:17:23 06/12/2023Current Date:VLOPEZ - Veronica Lopez Page:2 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 17 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 5/25/2023 through 6/11/2023 Check No.Check Date Vendor Name City Fire Amount AP 00432548 05/31/2023 KINETIC LIGHTING INC 426.70 0.00 426.70 AP 00432549 05/31/2023 LISA WISE CONSULTING 1,076.25 0.00 1,076.25 AP 00432550 05/31/2023 LN CURTIS & SONS 0.00 531.26 531.26 AP 00432551 05/31/2023 MARIPOSA LANDSCAPES INC 18,297.87 0.00 18,297.87 AP 00432552 05/31/2023 MOE, JOHN 324.00 0.00 324.00 AP 00432553 05/31/2023 MOISA, DANIEL A 1,080.00 0.00 1,080.00 ***AP 00432554 05/31/2023 MRC SMART TECHNOLOGY SOLUTIONS 1,110.37 123.37 1,233.74 AP 00432555 05/31/2023 MUSIC TREE 495.00 0.00 495.00 AP 00432556 05/31/2023 NATIONAL UTILITY LOCATORS LLC 1,470.00 0.00 1,470.00 AP 00432557 05/31/2023 NEW MEXICO CHILD SUPPORT 196.91 0.00 196.91 AP 00432558 05/31/2023 NINYO & MOORE 945.00 0.00 945.00 AP 00432559 05/31/2023 ODP BUSINESS SOLUTIONS LLC 1,553.76 0.00 1,553.76 AP 00432560 05/31/2023 OTT, SHARON 858.00 0.00 858.00 AP 00432561 05/31/2023 PACIFIC UTILITY INSTALLATION INC 30,195.00 0.00 30,195.00 AP 00432562 05/31/2023 PAYMENTUS CORPORATION 1,007.50 0.00 1,007.50 AP 00432563 05/31/2023 PRE-PAID LEGAL SERVICES INC 53.36 0.00 53.36 AP 00432564 05/31/2023 PROLOGIS & AFFILIATED ENTITIES 1,226.00 0.00 1,226.00 AP 00432565 05/31/2023 RANCHO CUCAMONGA CHAMBER OF COMMERCE 250.00 0.00 250.00 AP 00432566 05/31/2023 RAPHA PHYSICAL THERAPY INC 69.30 0.00 69.30 AP 00432567 05/31/2023 RC PHOTO CLUB INC 1,320.00 0.00 1,320.00 AP 00432568 05/31/2023 RED WING BUSINESS ADVANTAGE ACCOUNT 1,025.63 0.00 1,025.63 AP 00432569 05/31/2023 RHA LANDSCAPE ARCHITECTS-PLANNERS INC 8,045.00 0.00 8,045.00 AP 00432570 05/31/2023 RS CONSTRUCTION 500.00 0.00 500.00 AP 00432571 05/31/2023 SBPEA 2,491.30 0.00 2,491.30 AP 00432572 05/31/2023 SDI PRESENCE LLC 15,910.00 0.00 15,910.00 AP 00432573 05/31/2023 SHEAKLEY PENSION ADMINISTRATION 0.00 180.65 180.65 AP 00432574 05/31/2023 SHEAKLEY PENSION ADMINISTRATION 364.00 0.00 364.00 AP 00432575 05/31/2023 SIGURDSON, JADE MICHAEL ANNE 324.00 0.00 324.00 AP 00432576 05/31/2023 SINGH, HARWINDER 40.35 0.00 40.35 ***AP 00432578 05/31/2023 SOUTH COAST AQMD 153.23 306.46 459.69 ***AP 00432580 05/31/2023 SOUTHERN CALIFORNIA EDISON 3,332.47 113.76 3,446.23 AP 00432581 05/31/2023 SPORTS FACILITIES GROUP INC 22,569.88 0.00 22,569.88 AP 00432582 05/31/2023 STANDARD INSURANCE COMPANY 13,695.29 0.00 13,695.29 AP 00432583 05/31/2023 STANDARD INSURANCE COMPANY 2,804.15 0.00 2,804.15 AP 00432584 05/31/2023 SYCAMORE VILLA MOBILE HOME PARK 300.00 0.00 300.00 AP 00432585 05/31/2023 TANG, JONATHAN 83.50 0.00 83.50 AP 00432586 05/31/2023 TRIDEN GROUP CORP 3,685.34 0.00 3,685.34 AP 00432587 05/31/2023 UNITED SITE SERVICES OF CA INC 240.14 0.00 240.14 AP 00432588 05/31/2023 VCA CENTRAL ANIMAL HOSPITAL 207.98 0.00 207.98 AP 00432589 05/31/2023 VICTOR MEDICAL COMPANY 2,382.06 0.00 2,382.06 AP 00432590 05/31/2023 VOGEL, DARCI 0.00 113.71 113.71 AP 00432591 05/31/2023 WAXIE SANITARY SUPPLY 0.00 2,722.02 2,722.02 AP 00432592 05/31/2023 WEST COAST ARBORISTS INC 30,830.15 0.00 30,830.15 AP 00432593 05/31/2023 WILLIAM VASTA PHOTOGRAPHY 2,000.00 0.00 2,000.00 AP 00432594 05/31/2023 WT.COX INFORMATION SERVICES 5,521.12 0.00 5,521.12 AP 00432595 06/07/2023 49ER COMMUNICATIONS INC 0.00 7,853.11 7,853.11 AP 00432596 06/07/2023 ABLE BUILDING MAINTENANCE 1,386.00 0.00 1,386.00 07:17:23 06/12/2023Current Date:VLOPEZ - Veronica Lopez Page:3 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 18 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 5/25/2023 through 6/11/2023 Check No.Check Date Vendor Name City Fire Amount AP 00432597 06/07/2023 ACCESS TOOLKIT 7,000.00 0.00 7,000.00 AP 00432598 06/07/2023 ADVANCED CHEMICAL TRANSPORT INC 1,158.00 0.00 1,158.00 AP 00432599 06/07/2023 AIRGAS USA LLC 265.93 0.00 265.93 AP 00432600 06/07/2023 ALL WELDING 200.00 0.00 200.00 AP 00432601 06/07/2023 AM-TEC TOTAL SECURITY INC 562.50 0.00 562.50 AP 00432602 06/07/2023 AMEREX BROKERS LLC 2,400.00 0.00 2,400.00 AP 00432603 06/07/2023 APARICIO, ARMANDO 500.00 0.00 500.00 AP 00432604 06/07/2023 AQUABIO ENVIRONMENTAL TECHNOLOGIES INC 1,659.94 0.00 1,659.94 AP 00432605 06/07/2023 ARROW TRAILER SUPPLIES INC 1,076.57 0.00 1,076.57 AP 00432606 06/07/2023 AUTO & RV SPECIALISTS INC 142.37 0.00 142.37 AP 00432607 06/07/2023 BAKER & TAYLOR LLC 265.58 0.00 265.58 AP 00432608 06/07/2023 BALA, KAROL 3,200.00 0.00 3,200.00 AP 00432609 06/07/2023 BAUER COMPRESSORS INC 0.00 6,060.94 6,060.94 AP 00432610 06/07/2023 BERLITZ LANGUAGES INC 850.00 0.00 850.00 AP 00432611 06/07/2023 BEST OUTDOOR POWER INLAND LLC 312.31 0.00 312.31 AP 00432612 06/07/2023 BIBLIOTHECA LLC 6,833.49 0.00 6,833.49 AP 00432613 06/07/2023 BOOT BARN INC 1,046.17 0.00 1,046.17 AP 00432614 06/07/2023 C V W D 468.40 0.00 468.40 AP 00432618 06/07/2023 C V W D 44,425.97 0.00 44,425.97 AP 00432619 06/07/2023 CAL FIRE 0.00 525.00 525.00 AP 00432620 06/07/2023 CALIF INTERGOVERNMENTAL RISK AUTHORITY 335,661.00 0.00 335,661.00 AP 00432621 06/07/2023 CALIFORNIA STATE CONTROLLER 996.08 0.00 996.08 AP 00432622 06/07/2023 CAMBRIDGE SEVEN ASSOCIATES INC 14,460.20 0.00 14,460.20 AP 00432623 06/07/2023 CAMERON WELDING 114.94 0.00 114.94 AP 00432624 06/07/2023 CAMERON-DANIEL PC 4,117.50 0.00 4,117.50 AP 00432625 06/07/2023 CAMPOS, CARINA 318.88 0.00 318.88 AP 00432626 06/07/2023 CARQUEST AUTO PARTS 0.00 328.53 328.53 AP 00432627 06/07/2023 CART RETRIEVAL INC 130.00 0.00 130.00 AP 00432628 06/07/2023 CARTY, DIANE 288.00 0.00 288.00 AP 00432629 06/07/2023 CCS ORANGE COUNTY JANITORIAL INC 74,565.17 0.00 74,565.17 ***AP 00432630 06/07/2023 CHAMPION FIRE SYSTEMS INC 7,345.00 5,560.00 12,905.00 ***AP 00432631 06/07/2023 CHARTER COMMUNICATIONS 4,474.53 6,129.43 10,603.96 AP 00432632 06/07/2023 CHINO MOWER & EQUIPMENT 120.57 0.00 120.57 AP 00432633 06/07/2023 CINTAS CORPORATION 3,726.82 0.00 3,726.82 AP 00432634 06/07/2023 CITRUS MOTORS ONTARIO INC 506.71 0.00 506.71 AP 00432635 06/07/2023 COLLINS & COLLINS LLP 580.50 0.00 580.50 AP 00432636 06/07/2023 COMPUTERSHARE TRUST COMPANY NA 1,000.00 0.00 1,000.00 AP 00432637 06/07/2023 CONOR CONSULTING LLC 1,462.50 0.00 1,462.50 AP 00432638 06/07/2023 CONVERGINT TECHNOLOGIES LLC 16,002.75 0.00 16,002.75 AP 00432639 06/07/2023 COUNTRY ESTATE FENCE CO INC 4,486.30 0.00 4,486.30 AP 00432640 06/07/2023 COVETRUS NORTH AMERICA 484.49 0.00 484.49 AP 00432641 06/07/2023 CROSSTOWN ELECTRICAL & DATA INC 54,768.56 0.00 54,768.56 AP 00432642 06/07/2023 D & K CONCRETE COMPANY 2,553.68 0.00 2,553.68 AP 00432643 06/07/2023 DEMCO INC 177.74 0.00 177.74 AP 00432644 06/07/2023 DOLLARHIDE, GINGER 234.60 0.00 234.60 ***AP 00432645 06/07/2023 DUDEK 75,576.70 4,457.50 80,034.20 AP 00432646 06/07/2023 DUNN-EDWARDS CORPORATION 329.39 0.00 329.39 07:17:23 06/12/2023Current Date:VLOPEZ - Veronica Lopez Page:4 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 19 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 5/25/2023 through 6/11/2023 Check No.Check Date Vendor Name City Fire Amount AP 00432647 06/07/2023 EAN SERVICES LLC 0.00 251.36 251.36 AP 00432648 06/07/2023 EWING IRRIGATION PRODUCTS INC 1,474.16 0.00 1,474.16 AP 00432649 06/07/2023 EXPERIAN 52.00 0.00 52.00 AP 00432650 06/07/2023 FEDERAL EXPRESS CORP 241.21 0.00 241.21 AP 00432651 06/07/2023 FEDERAL SIGNAL CORPORATION 0.00 2,300.96 2,300.96 ***AP 00432652 06/07/2023 FERGUSON ENTERPRISES LLC #1350 542.69 1,140.24 1,682.93 AP 00432653 06/07/2023 FLEETCREW 566.87 0.00 566.87 ***AP 00432654 06/07/2023 FRONTIER COMM 2,072.24 434.61 2,506.85 AP 00432655 06/07/2023 FRONTIER COMM 3,840.70 0.00 3,840.70 AP 00432656 06/07/2023 G/M BUSINESS INTERIORS 74.34 0.00 74.34 AP 00432657 06/07/2023 GARCIA JR, ARTURO 2,025.00 0.00 2,025.00 AP 00432658 06/07/2023 GIORDANO, MARIANNA 168.00 0.00 168.00 AP 00432659 06/07/2023 GOODYEAR TIRE & RUBBER CO, THE 0.00 6,837.98 6,837.98 AP 00432660 06/07/2023 GRAINGER 1,313.89 0.00 1,313.89 ***AP 00432661 06/07/2023 GRAYBAR ELECTRIC COMPANY INC 49,834.75 62.29 49,897.04 AP 00432662 06/07/2023 HAGGERTY, BRIAN 500.00 0.00 500.00 AP 00432663 06/07/2023 HAULAWAY STORAGE CONTAINERS INC 119.84 0.00 119.84 AP 00432664 06/07/2023 HD PRODUCTION INC 0.00 500.00 500.00 AP 00432665 06/07/2023 HI-WAY SAFETY INC 125.00 0.00 125.00 AP 00432666 06/07/2023 HILL'S PET NUTRITION SALES INC 1,072.00 0.00 1,072.00 AP 00432667 06/07/2023 HOLLIDAY ROCK CO INC 2,806.33 0.00 2,806.33 AP 00432668 06/07/2023 HOSE-MAN INC 425.92 0.00 425.92 AP 00432669 06/07/2023 IDEXX DISTRIBUTION INC 676.40 0.00 676.40 AP 00432670 06/07/2023 INLAND EMPIRE PROPERTY SERVICE INC 0.00 1,360.00 1,360.00 AP 00432671 06/07/2023 INLAND VALLEY DANCE ACADEMY 745.80 0.00 745.80 AP 00432672 06/07/2023 JOHNNY ALLEN TENNIS ACADEMY 1,951.80 0.00 1,951.80 AP 00432673 06/07/2023 KINDRED CORPORATION, THE 19,619.73 0.00 19,619.73 AP 00432674 06/07/2023 KINGDOM CALIBRATIONS INC 0.00 803.79 803.79 AP 00432675 06/07/2023 KVL TIRES INC 488.20 0.00 488.20 AP 00432676 06/07/2023 KWALL LLC 5,100.00 0.00 5,100.00 AP 00432677 06/07/2023 LAKESHORE LEARNING MATERIALS 281.10 0.00 281.10 ***AP 00432678 06/07/2023 LIEBERT CASSIDY WHITMORE 913.00 788.50 1,701.50 AP 00432679 06/07/2023 LISA WISE CONSULTING 36,772.42 0.00 36,772.42 AP 00432680 06/07/2023 LOWES COMPANIES INC 311.77 0.00 311.77 AP 00432681 06/07/2023 MARIPOSA LANDSCAPES INC 24,816.95 0.00 24,816.95 AP 00432682 06/07/2023 MARK CHRISTOPHER INC 215.28 0.00 215.28 AP 00432683 06/07/2023 MARTINEZ, ALEC 1,952.90 0.00 1,952.90 AP 00432684 06/07/2023 MCFADDEN-DALE HARDWARE 114.17 0.00 114.17 ***AP 00432685 06/07/2023 MCMASTER-CARR SUPPLY COMPANY 400.75 118.48 519.23 AP 00432686 06/07/2023 MERRIMAC PETROLEUM INC 0.00 32,709.79 32,709.79 AP 00432687 06/07/2023 MEYERS, VICTORIA 103.00 0.00 103.00 AP 00432688 06/07/2023 MINUTEMAN PRESS 0.00 565.53 565.53 AP 00432689 06/07/2023 MONTGOMERY HARDWARE CO 0.00 522.59 522.59 AP 00432690 06/07/2023 MORALES, ROBERT 99.00 0.00 99.00 AP 00432691 06/07/2023 MOUNTAIN MOTOR SPORTS 11,301.30 0.00 11,301.30 AP 00432692 06/07/2023 MWI ANIMAL HEALTH 1,368.72 0.00 1,368.72 AP 00432693 06/07/2023 NAPA AUTO PARTS 0.00 108.05 108.05 07:17:23 06/12/2023Current Date:VLOPEZ - Veronica Lopez Page:5 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 20 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 5/25/2023 through 6/11/2023 Check No.Check Date Vendor Name City Fire Amount AP 00432694 06/07/2023 NOVELTY PRINTING INC 0.00 1,385.42 1,385.42 AP 00432695 06/07/2023 NV5 INC 22,423.05 0.00 22,423.05 ***AP 00432696 06/07/2023 ODP BUSINESS SOLUTIONS LLC 806.35 121.26 927.61 AP 00432697 06/07/2023 ONTARIO, CITY OF 18,500.81 0.00 18,500.81 AP 00432698 06/07/2023 PARKHOUSE TIRE INC 187.20 0.00 187.20 AP 00432699 06/07/2023 PATTERSON, MIKE 64.00 0.00 64.00 AP 00432700 06/07/2023 PAULINO, FRANCINE 152.88 0.00 152.88 AP 00432701 06/07/2023 PLANTE, PATRICIA 32.00 0.00 32.00 AP 00432702 06/07/2023 POLARIS EDUCATION FOUNDATION 33.00 0.00 33.00 AP 00432703 06/07/2023 PREMIER CHEVROLET OF BUENA PARK 35,552.63 0.00 35,552.63 AP 00432704 06/07/2023 PRISTINE UNIFORMS LLC 0.00 5,761.08 5,761.08 AP 00432705 06/07/2023 PSA PRINT GROUP 564.59 0.00 564.59 AP 00432706 06/07/2023 PUMPMAN LLC 2,312.00 0.00 2,312.00 AP 00432707 06/07/2023 RBM LOCK & KEY SERVICE 35.77 0.00 35.77 AP 00432708 06/07/2023 RDO EQUIPMENT COMPANY 883.66 0.00 883.66 AP 00432709 06/07/2023 REHABWEST INC 275.50 0.00 275.50 AP 00432711 06/07/2023 RENNE PUBLIC LAW GROUP 9,500.00 0.00 9,500.00 AP 00432712 06/07/2023 RESOURCE ENVIROMENTAL INC 10,223.61 0.00 10,223.61 AP 00432713 06/07/2023 RODRIGUEZ, GINA 103.00 0.00 103.00 AP 00432714 06/07/2023 RUFFIN, DANIELLA 18.98 0.00 18.98 AP 00432715 06/07/2023 SAFETY NETWORK TRAFFIC SIGNS INC 245.67 0.00 245.67 AP 00432716 06/07/2023 SAN BERNARDINO COUNTY 15,443.92 0.00 15,443.92 AP 00432717 06/07/2023 SAN BERNARDINO COUNTY CLERK 50.00 0.00 50.00 AP 00432718 06/07/2023 SAN BERNARDINO COUNTY SHERIFFS DEPT 2,107.98 0.00 2,107.98 AP 00432719 06/07/2023 SAN BERNARDINO CTY TAX COLLECTOR 300.00 0.00 300.00 AP 00432720 06/07/2023 SANDERS, KRAMER 98.50 0.00 98.50 AP 00432721 06/07/2023 SCHOOL OF ASTONISHMENT LLC 1,400.00 0.00 1,400.00 AP 00432722 06/07/2023 SCL 0.00 1,452.86 1,452.86 AP 00432723 06/07/2023 SHRED PROS 128.00 0.00 128.00 AP 00432724 06/07/2023 SIDEPATH INC 3,300.00 0.00 3,300.00 AP 00432725 06/07/2023 SIGN SHOP, THE 762.88 0.00 762.88 AP 00432727 06/07/2023 SITEONE LANDSCAPE SUPPLY LLC 17,155.52 0.00 17,155.52 AP 00432730 06/07/2023 SOCIAL VOCATIONAL SERVICES 3,433.25 0.00 3,433.25 AP 00432731 06/07/2023 SOUTH COAST AQMD 0.00 153.23 153.23 ***AP 00432733 06/07/2023 SOUTHERN CALIFORNIA EDISON 37,444.68 1,419.20 38,863.88 ***AP 00432734 06/07/2023 SOUTHERN CALIFORNIA EDISON 798.71 1,863.66 2,662.37 AP 00432735 06/07/2023 SOUTHERN CALIFORNIA NEWS GROUP 4,704.47 0.00 4,704.47 AP 00432736 06/07/2023 SOUTHERN CALIFORNIA NEWS GROUP 317.00 0.00 317.00 AP 00432737 06/07/2023 SPIEGEL, TANYA 25.41 0.00 25.41 AP 00432738 06/07/2023 STATEWIDE TRAFFIC SAFETY & SIGNS INC 9,481.95 0.00 9,481.95 AP 00432739 06/07/2023 STEVENS, PATRICIA 5,000.00 0.00 5,000.00 AP 00432740 06/07/2023 STOVER SEED COMPANY 4,401.59 0.00 4,401.59 AP 00432741 06/07/2023 SWANK MOTION PICTURES INC 2,190.00 0.00 2,190.00 AP 00432742 06/07/2023 TAGAY, JACK 42.17 0.00 42.17 AP 00432743 06/07/2023 TOXGUARD FLUID TECHNOLOGIES INC 664.11 0.00 664.11 AP 00432744 06/07/2023 TRIDEN GROUP CORP 6,405.00 0.00 6,405.00 AP 00432745 06/07/2023 TRIMARK ASSOCIATES INC 2,136.00 0.00 2,136.00 07:17:23 06/12/2023Current Date:VLOPEZ - Veronica Lopez Page:6 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 21 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 5/25/2023 through 6/11/2023 Check No.Check Date Vendor Name City Fire Amount AP 00432746 06/07/2023 U.S. BANK PARS ACCT #6746022500 1,024.73 0.00 1,024.73 AP 00432747 06/07/2023 U.S. BANK PARS ACCT #6746022500 16,909.88 0.00 16,909.88 AP 00432748 06/07/2023 UNIVERSAL FLEET SUPPLY 0.00 229.51 229.51 AP 00432749 06/07/2023 UPS 148.83 0.00 148.83 AP 00432750 06/07/2023 VALLEY POWER SYSTEMS INC 0.00 4,735.58 4,735.58 AP 00432751 06/07/2023 VERIZON WIRELESS - LA 0.00 5,805.68 5,805.68 AP 00432752 06/07/2023 VETS CHOICE RADIOLOGY 506.00 0.00 506.00 AP 00432753 06/07/2023 VICTOR MEDICAL COMPANY 293.93 0.00 293.93 AP 00432754 06/07/2023 VORTEX INDUSTRIES LLC 2,200.00 0.00 2,200.00 AP 00432755 06/07/2023 VSA INC 7,280.00 0.00 7,280.00 AP 00432756 06/07/2023 VULCAN MATERIALS COMPANY 1,123.99 0.00 1,123.99 ***AP 00432757 06/07/2023 WALTERS WHOLESALE ELECTRIC CO 1,827.73 480.05 2,307.78 ***AP 00432758 06/07/2023 WAXIE SANITARY SUPPLY 14,183.71 492.26 14,675.97 AP 00432759 06/07/2023 WEST COAST ARBORISTS INC 22,798.40 0.00 22,798.40 AP 00432760 06/07/2023 WESTLAND GROUP INC 3,782.50 0.00 3,782.50 AP 00432761 06/07/2023 WILL-BURT COMPANY, THE 0.00 1,565.36 1,565.36 AP 00432762 06/07/2023 WILSON & BELL AUTO SERVICE 150.00 0.00 150.00 AP 00432763 06/07/2023 WRIGHT, MAVERICK 5,000.00 0.00 5,000.00 AP 00432764 06/07/2023 YERO, ART 175.00 0.00 175.00 AP 00432765 06/08/2023 CHEN AND KRISTEN H PHILHOWER, JAY 12,384.34 0.00 12,384.34 AP 00432766 06/08/2023 WAWANESA GENERAL INSURANCE CO 10,000.00 0.00 10,000.00 $3,282,235.03 $3,405,334.06 $123,099.03 Note: Grand Total: Total Fire: Total City: *** Check Number includes both City and Fire District expenditures 07:17:23 06/12/2023Current Date:VLOPEZ - Veronica Lopez Page:7 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 22 DATE:June 21, 2023 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 Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $2,614.96 Dated May 25, 2023, Through June 11, 2023. (CITY/FIRE) RECOMMENDATION: Staff recommends City Council/Board of Directors of the Fire Protection District approve payment of demands as presented. Weekly check register amounts are $2,319.51 and $295.45 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 23 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT So Calif Gas Company Only. AND CITY OF RANCHO CUCAMONGA 5/25/2023 through 6/11/2023 Check No.Check Date Vendor Name City Fire Amount ***AP 00432577 05/31/2023 SOCAL GAS 1,135.06 295.45 1,430.51 AP 00432728 06/07/2023 SOCAL GAS 102.56 0.00 102.56 AP 00432729 06/07/2023 SOCAL GAS 1,081.89 0.00 1,081.89 $2,319.51 $2,614.96 $295.45 Note: Grand Total: Total Fire: Total City: *** Check Number includes both City and Fire District expenditures 07:24:43 06/12/2023Current Date:VLOPEZ - Veronica Lopez Page:1 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 24 DATE:June 21, 2023 TO:Mayor and Members of the City Council President and Members of the Board of Directors FROM:John R. Gillison, City Manager INITIATED BY:Elisa Cox, Assistant City Manager/Administrative Services Director Tamara L. Oatman, Finance Director Jason A. Shields, Management Analyst II SUBJECT:Consideration to Receive and File Current Investment Schedules as of May 31, 2023 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE) RECOMMENDATION: Staff recommends that the City Council/Board of Directors of the Fire Protection District receive and file the attached current investment schedules for the City of Rancho Cucamonga (City) and the Rancho Cucamonga Fire Protection District (District) as of May 31, 2023. BACKGROUND: The attached investment schedules as of May 31, 2023 reflect cash and investments managed by the Finance Department/Revenue Management Division and are in conformity with the requirements of California Government Code Section 53601 and the City of Rancho Cucamonga’s and the Rancho Cucamonga Fire Protection District’s adopted Investment Policies as approved on June 16, 2022. ANALYSIS: The City’s and District’s Treasurers are each required to submit a quarterly investment report to the City Council and the Fire Board, respectively, in accordance with California Government Code Section 53646. The quarterly investment report is required to be submitted within 30 days following the end of the quarter covered by the report. However, the City and District Treasurers have each elected to provide this report on a monthly basis. FISCAL IMPACT: None. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: The monthly investment schedule supports the City Council’s core value of providing and nurturing a high quality of life for all by demonstrating the active, prudent fiscal management of the City’s investment portfolio to ensure that financial resources are available to support the various services the city provides to all Rancho Cucamonga stakeholders. ATTACHMENTS: Attachment 1 - Investment Schedule (City) Attachment 2 - Investment Schedule (Fire) Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Page 40 Page 41 Page 42 Page 43 Page 44 Page 45 Page 46 Page 47 Page 48 Page 49 Page 50 Page 51 Page 52 Page 53 Page 54 Page 55 Page 56 Page 57 Page 58 Page 59 Page 60 City of Rancho Cucamonga Summary of Cash and Investments with Fiscal Agents For the Month Ended 5/31/2023 Trustee and/or Paying Agent Purchase Maturity Cost Bond Issue/Description Account Name Trust Account # Fund Investment Date Date*Yield Value CFD 2003-01 Improvement Area 1 (2013)Wells Fargo Reserve Fund Agency Project 46571801 46571807 46571808 46571800 46571806 46571805 865 Money Market Fund 614 Money Market Fund 615 Money Market Fund 864 Money Market Fund 614 Money Market Fund 864 Money Market Fund 9/1/2013 9/1/2013 9/1/2013 9/1/2013 9/1/2013 9/1/2013 N/A N/A N/A N/A N/A N/A 0.01% 0.01% 0.01% 0.01% 0.01% 0.01% $ $ $ $ $ $ $ 1,431,479.73 79,851.44 196,872.99 514.21 Cultural Center Fund Bond Fund Developer Project Special Tax 100,663.88 20,268.93 1,829,651.18 CFD 2003-01 Improvement Area 2 (2013) CFD No 2004-01 Rancho Etiwanda Series Wells Fargo Wells Fargo Bond Fund 46659800 46659801 46659805 866 Money Market Fund 867 Money Market Fund 866 Money Market Fund 12/1/2013 12/1/2013 12/1/2013 N/A N/A N/A 0.01% 0.01% 0.01% $ $ $ $ 80.48 133,827.39 1,903.21 Reserve Fund Special Tax Fund 135,811.08 Admin Expense Fund Bond Fund 48436802 48436800 48436801 48436807 48436809 Money Market Fund 820 Money Market Fund 821 Money Market Fund 820 Money Market Fund 617 Money Market Fund N/A N/A N/A N/A N/A 0.01% 0.01% 0.01% $- 942.55 Reserve Fund Special Tax Fund Project Fund 1,199,499.19 17,114.38 46,160.04 1,263,716.16$ $2014 Rancho Summit Wells Fargo Cost of Issuance Fund Bond Fund 48709906 48709900 48709901 48709907 48709908 48709903 48709904 Money Market Fund 858 Money Market Fund 859 Money Market Fund 858 Money Market Fund Money Market Fund N/A N/A N/A N/A N/A N/A N/A - 182.21 Reserve Fund 262,128.89 Sepcial Tax Fund Rebate Fund 3,734.25 - Redemption Fund Prepayment Fund Money Market Fund - -Money Market Fund $ $ 266,045.35 CFD No. 2000-01 South Etiwanda Union Bank Union Bank Union Bank Rancho Cucamonga 2015 CFD2000-1 AGY Special Tax Fund 6712140200 6712140201 6712140202 6712140203 6712140204 7/30/2015 7/30/2015 7/30/2015 7/30/2015 7/30/2015 N/A N/A N/A N/A N/A - 258.26 3.93 852 Money Market Fund 852 Money Market Fund Money Market Fund Bond Fund Prepayment Fund - Reserve Fund 853 Money Market Fund 0.00% 0.00% 23,062.92 23,325.11$ CFD No. 2000-02 Rancho Cucamonga Corporate Park Rancho Cucamonga 2015 CFD2000-2 AGY Special Tax Fund 6712140300 6712140301 6712140302 6712140303 6712140304 Money Market Fund 856 Money Market Fund 856 Money Market Fund Money Market Fund 7/30/2015 7/30/2015 7/30/2015 7/30/2015 7/30/2015 N/A N/A N/A N/A N/A $ $ $ $ - 2,373.50 39.25Bond Fund Prepayment Fund - Reserve Fund 857 Money Market Fund 211,773.38 214,186.13$ $CFD No. 2001-01 IA 1&2, Series A Rancho Cucamonga 2015 CFD2001-1 AGY Special Tax Fund 6712140400 6712140401 6712140402 Money Market Fund 860 Money Market Fund 860 Money Market Fund 7/30/2015 7/30/2015 7/30/2015 N/A N/A N/A - 3,478.71 140.26Bond Fund I:\FINANCE\SALINA\Fiscal Agent Stmts\_Fiscal Agent Statements Workbook Template.xlsx Summary Report Page 1 Page 61 City of Rancho Cucamonga Summary of Cash and Investments with Fiscal Agents For the Month Ended 5/31/2023 Trustee and/or Paying Agent Purchase Maturity Cost Bond Issue/Description Account Name Prepayment Fund Trust Account # Fund Investment Date Date*Yield Value 6712140403 6712140404 Money Market Fund 7/30/2015 7/30/2015 N/A N/A - Reserve Fund 861 Money Market Fund 0.00%307,713.36 311,332.33$ $CFD No. 2001-01 IA3, Series B Union Bank Union Bank Union Bank Rancho Cucamonga 2015 CFD2001-1 AGY Special Tax Fund 6712140500 6712140501 6712140502 6712140503 6712140504 Money Market Fund 862 Money Market Fund 862 Money Market Fund Money Market Fund 7/30/2015 7/30/2015 7/30/2015 7/30/2015 7/30/2015 N/A N/A N/A N/A N/A - 337.84 13.58Bond Fund Prepayment Fund - Reserve Fund 863 Money Market Fund 0.00% 0.00% 0.00% 29,875.61 30,227.03$ $CFD No. 2006-01 Vintner's Grove Rancho Cucamonga 2015 CFD2006-1 AGY Special Tax Fund 6712140600 6712140601 6712140602 6712140603 6712140604 Money Market Fund 869 Money Market Fund 869 Money Market Fund Money Market Fund 7/30/2015 7/30/2015 7/30/2015 7/30/2015 7/30/2015 N/A N/A N/A N/A N/A - 1,502.38 95.71Bond Fund Prepayment Fund - Reserve Fund 870 Money Market Fund 131,102.02 132,700.11$ $CFD No. 2006-02 Amador on Rt. 66 Rancho Cucamonga 2015 CFD2006-2 AGY Special Tax Fund 6712140700 6712140701 6712140702 6712140703 6712140704 Money Market Fund 871 Money Market Fund 871 Money Market Fund Money Market Fund 7/30/2015 7/30/2015 7/30/2015 7/30/2015 7/30/2015 N/A N/A N/A N/A N/A - 905.57 56.85Bond Fund Prepayment Fund - Reserve Fund 872 Money Market Fund 79,358.35 80,320.77$ TOTAL CASH AND INVESTMENTS WITH FISCAL AGENTS $4,287,315.25 * Note: These investments are money market accounts which have no stated maturity date as they may be liquidated upon demand. I:\FINANCE\SALINA\Fiscal Agent Stmts\_Fiscal Agent Statements Workbook Template.xlsx Summary Report Page 2 Page 62 Page 63 Page 64 Page 65 Page 66 Page 67 Page 68 Page 69 Page 70 Page 71 Page 72 Page 73 Page 74 Page 75 Page 76 Page 77 Page 78 Page 79 Page 80 Page 81 Page 82 Page 83 Page 84 Page 85 Page 86 Page 87 Page 88 Page 89 Page 90 DATE:June 21, 2023 TO:President and Members of the Board of Directors FROM:John R. Gillison, City Manager INITIATED BY:Mike McCliman, Fire Chief Augie Barreda, Deputy Fire Chief Darci Vogel, Fire Business Manager SUBJECT:Consideration of the Automatic Aid and Mutual Aid Agreement Between the Rancho Cucamonga Fire Protection District and the City of Ontario. (FIRE) RECOMMENDATION: Staff recommends that the Fire Board authorize the Fire Chief to execute the Automatic Aid and Mutual Aid Agreement between the Rancho Cucamonga Fire Protection District and the City of Ontario. BACKGROUND: Automatic Aid and Mutual Aid Agreements provide a valuable public safety service by providing rapid dispatch of the closest fire resource to life-threatening emergencies or fires. Automatic Aid refers to the immediate dispatch of a fire or emergency unit to the jurisdiction of the requesting agency under predetermined terms and conditions agreed upon within the Agreement and the corresponding Operating Plan, which define the process for implementing the Agreement. This is an immediate response that does not require authorization from the on-duty Battalion Chief. Mutual Aid refers to the request of resources based on the needs determined by the persons or entities managing the incident. This response is subject to authorization by the on-duty Battalion Chief. Since the late 1970's, the Rancho Cucamonga Fire Protection District (then known as the Foothill Fire District) has entered into an Automatic Aid and Mutual Aid Agreement (“Agreement”) with neighboring fire agencies. These agencies have fire stations that are strategically placed in geographical locations that allow for the most expeditious emergency response throughout each city. Due to the shared borders between the cities, a neighboring fire station may be in closer proximity than the agency having jurisdiction. The sharing of agreed-upon resources between each jurisdiction allows for the most effective emergency response by providing the shortest response time to a call for service. The Fire District and City of Ontario first entered into an Agreement with one another as part of a regional agreement with the “West End Agencies” that included the cities of Montclair, Upland, Fontana, and Chino. That agreement was executed in 1988 and has not been updated since that time. Page 91 Page 2 1 8 9 9 ANALYSIS: The Fire District and Ontario Fire Department have worked cooperatively to establish a new Automatic Aid and Mutual Aid Agreement specific to current response needs, including high- priority EMS calls, structure fire responses, and rescue responses. The computer aided dispatch (CAD) upgrades currently being made at the Ontario Fire Department Dispatch Center will allow for integration with CONFIRE’s CAD system. This integration will provide a rapid and seamless sharing of resources between agencies, thus allowing for this Agreement to be fully implemented benefiting the citizens within each agency’s jurisdiction. If approved, Staff recommends the effective date of the Agreement shall be the date on which the following conditions are met: (A) It is approved by the legislative bodies of both parties; and (B) the Operating Plan in the Agreement is negotiated and executed by both parties to the Agreement. The Fire Chief of each agency will be provided the authority on behalf of the parties to negotiate and serve as the designated signatory on the Operating Plan, without requiring this agreement to return to either party’s legislative body. The Agreement will be renewed every five (5) years in order to allow for response plan updates. FISCAL IMPACT: Approval of this Agreement may have a minimal indirect fiscal impact to the City according to the fundamentals of the California Master Mutual Aid System. Requests for mutual aid will be provided with no financial reimbursement; however, based on the duration and complexity of an incident, agencies receiving mutual aid are responsible for logistical support to all mutual aid personnel and equipment. There are also reciprocity benefits to the parties. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item brings together portions of the Council’s vision and core value by providing a sustainable City and promoting a safe and healthy community for all. This is accomplished by partnering with our neighboring fire agencies to share resources in order to provide the most effective emergency response with the shortest response time to a call for service. ATTACHMENTS: Attachment 1 – Agreement for Automatic Aid and Mutual Aid Between RCFPD and OFD Page 92 AGREEMENT FOR AUTOMATIC AID and MUTUAL AID BETWEEN RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND CITY OF ONTARIO This Agreement is made and entered into by and between the Rancho Cucamonga Fire Protection District (herein referred to as "THE AGENCY") and the CITY OF ONTARIO (herein referred to as ''THE CITY"). WITNESS ETH: WHEREAS, each of the parties to this Agreement maintains equipment and personnel for the suppression of fires and the management of other emergency incidents occurring within areas under their respective jurisdictions, and are legally empowered to provide fire protection and rescue services within their respective jurisdictions; and, WHEREAS, it is in the best interest of the citizens served by THE AGENCY and THE CITY for each party to provide the most expeditious response to suppress fires and render other emergency services; and WHEREAS, each party is desirous of providing to the other a reasonable and reciprocal exchange of fire, rescue, and emergency medical services on a day-to-day basis; and WHEREAS, each party agrees that this Agreement is not intended to supplement, release, or replace each party's obligation to provide fire protection and rescue services within their respective jurisdiction; and WHEREAS, each of the parties to this Agreement participate in the California Disaster and Civil Defense Master Mutual Aid Agreement with the State of California pursuant to the California Emergency Services Act for purposes of requesting mutual aid in connection with any incident which cannot be handled adequately by the party's respective fire department; and WHEREAS, the parties to this Agreement are authorized to render aid to each other pursuant to Government Code sections 55632 and 6500-6522 and Health and Safety Code sections 13050, 13863 and 13877. NOW, THEREFORE, in consideration of these mutual covenants, the parties agree to undertake aid under the terms, provisions, and conditions hereinafter provided. A.MUTUAL AID: 1."Mutual Aid" is defined as the request of resources based on the needs determined by the persons or entities managing the incident, and subject to authorization by the responding party for each request. 2."Requesting Party" shall mean any party to this Agreement that requests fire protection or emergency services within its jurisdiction from the other party to this Agreement. Attachment 1 Page 93 3."Responding Party" shall mean any party to this agreement that receives a request for fire protection or emergency services within its jurisdiction from the other party to this Agreement. 4.THE CITY and AGENCY agree to provide Mutual Aid for emergency incidents that do, or may, exceed the Requesting Party's capabilities. 5.Mutual Aid responses from either party shall include personnel, equipment, material, and supplies such as are usually and customarily used within the Responding Party's jurisdiction, subject to each party's ability to exercise the right to reimbursement as provided in section 11 herein. Mutual Aid, for purposes of this Agreement, shall include requests for station coverage when one of the parties to this Agreement is experiencing a reduction in station personnel as a result of an incident occurring in the Requesting Party's jurisdiction. 6.AGENCY will, upon notification from its primary dispatch facility, and with approval of its Duty Officer, respond with the requested type of emergency equipment to an incident within THE CITY's jurisdictional boundaries. THE CITY will, upon notification from its primary dispatch facility, and with approval of its Duty Officer, respond with the requested type of emergency equipment to an incident within AGENCY's jurisdictional boundaries. Resources requested by either AGENCY or THE CITY will be considered top priority, will be sent as expeditiously as possible to the Requesting Party, and will be released by the Requesting Party as soon as possible. 7.The terms of providing Mutual Aid, as listed in Section 6, are conditional upon the availability of resources from the Responding Party. Neither AGENCY nor THE CITY, in rendering aid to the other, shall be obligated to reduce its own resources to the extent that a situation is created that is detrimental to its citizens. The Duty Officer in charge of the assisting agency shall make such determination. 8.It is mutually understood and agreed that this Agreement does not relieve either party hereto from the necessity and obligation of using its own resources for furnishing fire and/or rescue response services within any part of its own jurisdiction, and that the Responding Party's response to a request for aid will be dependent upon the existing emergency conditions within its own jurisdiction and the status of its resources at the time of the request. If the Responding Party cannot respond under this Agreement, it must immediately notify the Requesting Party. 9.Details as to amounts and types of assistance to be dispatched, area to be assisted, methods of dispatching and communications, methods of requesting aid, and positions authorized to send and receive such requests shall be recorded in an Operating Plan which is signed by the Fire Chiefs of AGENCY and THE CITY, and which will be attached to this Agreement as Attachment "A" and made a part hereof by this reference. The Parties shall meet annually before July 1 st of each year to review and update, if necessary, the Operating Plan. 10.In those instances where the Responding Party arrives before the Requesting Party, the Responding Party will take the necessary action dictated by the situation. However, it is assumed that the Requesting Party will arrive shortly after the arrival of the Responding Party. Thereafter, the responsibility for managing the situation will be immediately assumed by the Requesting Party upon its arrival at the scene, subject to Page 94 a brief period of time built in for the sharing of information between the two departments and the transition of responsibility for the incident. The Responding Party's personnel will then be under the direction of the officer-in-charge of the Requesting Party. It is further agreed that the Responding Party will be a priority release from the scene as soon as is practical by the Requesting Party. 11.Neither AGENCY nor THE CITY shall be obligated to reimburse the other for any action taken or aid rendered hereunder, or for any use of materials, damage to equipment, or liability, or claims incurred which may occur in the course of rendering assistance herein provided unless specified in another binding agreement. It shall be the responsibility of the Requesting Party to utilize the personnel, resources, and equipment of the Responding Party only to the extent that use of such resources is required to bring the emergency under control. 12.Nothing herein shall preclude either party from making claims to signatories of the State of California Cooperative Agreement for Local Government Fire Suppression (Five-Party Agreement), nor any other reimbursement or claim instrument which may arise during the life of this Agreement, if all other criteria for such a claim have been met. 13.When service is rendered, THE CITY shall have the option to recover costs, when authorized by law, by participating in AGENCY's Cost Recovery Program. In turn, AGENCY shall have the option to recover costs, when authorized by law, by participating in THE CITY's Cost Recovery Program. Such authorized cost recovery situations may include, but are not limited to, hazardous material incidents, response to or investigation of illegally set fires, and special rescue services. Cost recovery may also be reimbursed via permissible State or Federal funding sources. The Responding Party shall submit the designated forms to the Requesting Party for processing. The Requesting Party shall attempt collection on behalf of the Responding Party, and if the cost recovery claim is successful, the money collected shall be returned to the Responding Party, minus the actual cost for processing the claim. The Parties understand that any amount paid for services under this Agreement is the result of a negotiated agreement and it is not imposed for purposes of Article XIII C, section 1 of the California Constitution. The Parties further understand, and hereby agree, that the intent of each party is to make the other whole for assistance provided under this Agreement, to the extent possible and as authorized by law, by cooperating with one another to facilitate incident follow-up and submission of any necessary documentation so as to pursue all available cost recovery efforts. 14.Each party shall be fully responsible for all repairs, maintenance, and upkeep, including gas, oil, lubrication, parts replacement, and repair of casualty damage of its own equipment which is used, pursuant to this Agreement, outside of its normal jurisdiction or municipal boundaries. However, during prolonged ( eight hours or more) suppression activities, the Requesting Party shall replenish fuel as needed and provide necessary minor maintenance on responding equipment to keep it operational during the event. 15.Any chemical agents or expandable supplies used during the incident by the Responding Party shall be replenished by the Requesting Party. Page 95 B.AUTOMATIC AID: 1."Automatic Aid" is defined for purposes of this Agreement as the immediate dispatch of a fire or emergency unit within the jurisdiction of the Requesting Party under predetermined terms and conditions agreed upon by the parties to this Agreement and the Operating Plan which will be set forth in Attachment "A" hereto. Automatic Aid, for purposes of this Agreement, shall not include requests for station coverage as a result of an incident occurring within the Requesting Party's jurisdiction. 2.Automatic Aid shall be limited to the areas identified in the boundary maps. (Attachments "B" and "C"). Attachments "B" and "C" are hereby made a part of this Agreement by this reference. 3.AGENCY will, upon notification from its primary dispatch facility that services are sought by the Requesting Party, respond with the pre-identified type of emergency equipment to an emergency incident within THE CITY's jurisdictional boundaries as identified in Attachment "C." This is to be an immediate response, not requiring individual authorization of the Duty Officer, and is to be considered an initial attack resource. Should THE CITY request additional units, the AGENCY Duty Officer shall be notified and that request shall be classified and handled as a "mutual aid" request, subject to discretionary approval by the Duty Officer. 4.THE CITY will, upon notification from its primary dispatch facility that services are sought by the Requesting Party, respond with the pre-identified type of emergency equipment to an emergency incident within AGENCY's jurisdictional boundaries identified in Attachment "B." This is to be an immediate response, not requiring individual authorization of the Duty Officer, and is to be considered an initial attack resource. Should AGENCY request additional units, THE CITY's Duty Officer shall be notified, and that request shall be classified and handled as "mutual aid" request, subject to discretionary approval by the Duty Officer. 5.Details as to amounts and types of assistance to be automatically dispatched, methods of dispatching and communications, shall be recorded in an Operating Plan which is signed by the Fire Chiefs of AGENCY and THE CITY, and which will be attached to this Agreement as Attachment "A" and made a part hereof by this reference. The Parties shall meet annually before July 1 st of each year to review and update, if necessary, the Operating Plan. 6.The terms listed in Sections 2 through 5 above are conditional upon the availability of resources from the Responding Party. Neither party, in rendering aid to the other, shall be obligated to send resources that are previously committed to incidents in progress or to the extent that a situation is created that is detrimental to its citizens. The Duty Officer in charge of the Responding Party shall make such determination, based upon current circumstances in the Responding Party's jurisdiction, available equipment and personnel, and the Duty Officer's own best judgment. If the Duty Officer determines a response is not possible under the circumstances, he or she shall inform the Requesting Party of that fact as expeditiously as possible. 7.In those instances where an Responding Party arrives before the Requesting Party, the Responding Party will take the necessary action dictated by the situation. However, it is assumed that the Requesting Party will arrive shortly after the arrival of the Responding Page 96 Party. Thereafter, the responsibility for managing the situation will be immediately assumed by the Requesting Party upon its arrival at the scene. The Responding Party's personnel will be under the direction of the officer-in-charge of the Requesting Party. It is further agreed that the Responding Party will be released from the scene as soon as is practical by the Requesting Party. 8.It is mutually understood and agreed that this Agreement does not relieve either party hereto from the necessity and obligation of using its own resources for furnishing fire response services within any part of its own jurisdiction, and that the Responding Party's response to a request for aid will be dependent upon the existing emergency conditions within its own jurisdiction and the status of its resources. If the Responding Party cannot respond under this Agreement, it must immediately notify the Requesting Party. 9.Neither AGENCY nor THE CITY shall be obligated to reimburse the other for any action taken or aid rendered hereunder, or for any use of materials, damage to equipment, or liability, or claims incurred which may occur in the course of rendering assistance herein provided for. It shall be the responsibility of the Requesting Party to utilize the personnel, resources, and equipment of the Responding Party only to the extent that use of such resources is required to bring the emergency under control. 10.When service is rendered, THE CITY shall have the option to recover costs, when authorized by law, by participating in AGENCY's Cost Recovery Program. In turn, AGENCY shall have the option to recover costs, when authorized by law, by participating in THE CITY's Cost Recovery Program. Such authorized cost recovery situations may include, but are not limited to, hazardous material incidents, response to or investigation of illegally set fires, and special rescue services. Cost recovery may also be reimbursed via permissible State or Federal funding sources. The Responding Party shall submit the designated forms to the Requesting Party for processing. The Requesting Party shall attempt collection on behalf of the Responding Party, and if the cost recovery claim is successful, the money collected shall be returned to the Responding Party, minus the actual cost for processing the claim. The Parties understand that any amount paid for services under this Agreement is the result of a negotiated agreement and it is not imposed for purposes of Article XIII C, section 1 of the California Constitution. The Parties further understand, and hereby agree, that the intent of each party is to make the other whole for assistance provided under this Agreement, to the extent possible and as authorized by law, by cooperating with one another to facilitate incident follow-up and submission of any necessary documentation so as to pursue all available cost recovery efforts. 11.Each party shall be fully responsible for all repairs, maintenance, and upkeep, including gas, oil, lubrication, parts replacement, and repair of casualty damage of its own equipment which is used, pursuant to this Agreement, outside of its normal jurisdiction or municipal boundaries. However, during prolonged (eight hours or more) suppression activities, the Requesting Party shall replenish fuel as needed and provide necessary minor maintenance on responding equipment to keep it operational during the event. 12.Any chemical agents or expandable supplies used during the incident by the Responding Party shall be replenished by the Requesting Party. Page 97 C.BOUNDARY DROP: 1.For purposes of this Agreement, "Boundary Drop" shall mean the use of the closest fire unit regardless of jurisdiction. 2.AGENCY and THE CITY agree to participate in Boundary Drop, to adhere as closely as practical to the "closest resource concept" for the agreed upon call types identified in this Agreement. 3.Details as to amounts and types of assistance to be automatically dispatched under Boundary Drop, and preferred methods of dispatching and communications, shall be recorded in the Operating Plan to be incorporated in this Agreement as Attachment "A." D.INDEMNIFICATION: In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the parties pursuant to Government Code 895.6, the parties hereby agree that all losses or liabilities incurred by a party in connection with this Agreement shall not be shared pro rata. Instead, pursuant to Government Code section 895.4, each party hereto agrees to fully indemnify and hold harmless the other party as set forth below. THE CITY and THE AGENCY (each, an "Indemnifying Agency") agree to defend, indemnify, and save harmless each other agency (each, an "Indemnified Agency") from any and all claims, demands, liabilities, expenses and defense costs of the Indemnified Agency, and/or causes of action of any nature whatsoever, including, but not limited to, any action for injury to or death of persons, or loss of or damage to property, in any manner arising out of or connected with any act or omission attributable to the Indemnifying Agency's performance under this Agreement, except that the CITY will not be responsible or liable to the AGENCY for any damage or liability occurring by reason of AGENCY's sole negligent acts or omissions, or willful misconduct in connection with or arising out of any performance, authority, or jurisdiction under this Agreement, and the AGENCY will not be responsible or liable to the CITY for any damage or liability occurring by reason of CITY's sole negligent acts or omissions, or willful misconduct in connection with or arising out of any performance, authority, or jurisdiction under this Agreement. E.COMPARATIVE FAULT: In the event that AGENCY and THE CITY are determined to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this Agreement, AGENCY and/or THE CITY shall indemnify the other to the extent of its comparative fault. F.INSURANCE: AGENCY and THE CITY are authorized self-insurance public entities for purposes of Professional Liability, General Liability, Automobile Liability, Workers' Compensation, and Property Damage insurance obligations, and warrant that through their respective programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions, or obligations of this Agreement. Either party may request that the other party furnish satisfactory evidence of the required insurance coverage upon request. Each party agrees to provide the other thirty (30) days' advance written notice of any cancellation, termination, or lapse of any of Page 98 the insurance or self-insurance coverage. Failure to maintain insurance as required in this Agreement is a material breach of contract and may be grounds for termination of the Agreement. G.STANDARD OF CARE: Nothing in the provisions of this Agreement is intended to affect the legal liability of either party to the Agreement by imposing a standard of care that is different from the standard of care otherwise required under the law applicable to each party. H.RELATIONSHIP OF THE PARTIES: None of the provisions of this Agreement are intended to create, nor shall be deemed or construed to create, any relationship between the parties other than that of independent parties contracting with each other for the purpose of effecting the provisions of this Agreement. The parties are not, and will not be construed to be, in a relationship of joint venture, partnership, or employer-employee. Neither party has the authority to make any statements, representations, or commitments of any kind on behalf of the other party, or to use the name of the other party in any publication or advertisements, except with the written consent of the other party or as explicitly provided herein. Each party will be solely responsible for the acts and omissions of its officers, agents, employees, contractors, and subcontractors, if any. I.AGREEMENT NOT FOR BENEFIT OF THIRD PARTIES: This Agreement shall not be construed as, or deemed to be, an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder for any cause whatsoever. J.NONDISCRIMINATION: Each party shall comply with all applicable federal, state, and local laws and regulations. Such laws include but are not limited to the following: Title VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act of 1990; the Rehabilitation Act of 1973 (Sections 503 and 504 ); California Fair Employment and Housing Act (Government Code Sections 12900 et seq.); California Code of Regulations, Title 11, Division 4, Chapter 5; and California Labor Code Sections 1101 and 1102. Neither Party shall discriminate against any subcontractor, employee, applicant or any person for employment or in the provision of services because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status. K.WAIVER OF BREACH: A waiver of breach of any provision of this Agreement by either party shall not operate as a waiver of any subsequent breach of the same or any other provisions of this Agreement. L.APPLICABLE LAWS: At all times during the term of this Agreement, AGENCY and THE CITY shall comply with all applicable laws, ordinances, rules and regulations of the United States of America and the State of California, including all agencies and subdivisions thereof. Page 99 M.GENERAL PROVISIONS: Unless otherwise specifically prescribed in this Agreement, the following provisions shall govern its interpretation and construction. 1.When consistent with the context of the Agreement, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. 2.Time is of the essence of this Agreement. Neither AGENCY nor THE CITY shall be relieved of its obligation to comply promptly with any provisions of this Agreement by any failure of the other party to enforce prompt compliance with any of its provisions. 3.Every duty and every act to be performed by either party imposes an obligation of good faith on the party to perform such duty or act. 4.This Agreement must be authorized by the legislative body for each contracting party before it can take effect. 5.This Agreement may not be amended or altered without the written consent of each party. The Fire Chiefs of each party, or their designee(s), shall have the authority to negotiate, execute, and make additions, deletions, or other technical amendments to the Attachments to this Agreement, including the areas in which aid is to be provided and the resources included as part of Attachment "A," the Operating Plan. Such changes shall be made in writing only upon the Fire Chiefs' mutual agreement, and shall not require written amendment of this Agreement by the parties. 6.If any term, covenant, condition, or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the terms, covenants, conditions, and provisions of this Agreement, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. N.TERM AND TERMINATION: MODIFICATION: 1.The effective date of this Agreement shall be the date on which both of the following conditions are met: (1) it is approved by the legislative bodies of both AGENCY and the CITY, and (2) the Operating Plan referenced herein as Attachment A is negotiated and executed by both Parties to this Agreement. For purposes of executing the Operating Plan, the Fire Chief of the AGENCY and the Fire Chief of the CITY are provided the authority on behalf of the parties to negotiate and serve as the designated signatory on the Operating Plan, without requiring this Agreement to return to either party's legislative body. Following the effective date, the term will extend automatically for a period of five (5) years, unless earlier terminated by either party in accordance with section N.2., below. 2.Either party may, by written notice to the other party, terminate this Agreement at any time and without cause by giving written notice to the other party of such termination, and specifying the effective date thereof, which date is at least ninety Page 100 (90)days after the date of such notice. The Agreement may be modified only upon mutual written assent of both parties, in accordance with section M.5., above. 0.NOTICE; MISCELLANEOUS: 1.All notices, reports, or demands required to be given in writing under this Agreement shall be deemed to be given when delivered personally to the person designated below, or his successor, or when five (5) days have elapsed after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid, or on the next addressed business day if sent by express mail or overnight air courier to the party to which the notice is being given, as follows: AGENCY: Rancho Cucamonga Fire Protection District Attn: Fire Chief 10500 Civic Center Drive Rancho Cucamonga, CA 91730 THE CITY: City of Ontario Attn: Fire Chief 303 East B Street Ontario, CA 91764 Either party upon written notice may change such addresses to the other party given as provided in this section. 2.It is understood that this Agreement will in no way affect or have any bearing on the existing California Master Mutual Aid Agreement. P.CAPTIONS: The paragraph captions and headings in this Agreement are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Q.DISTRICT REPRESENTATIVES: 1.THE CITY's Representative -THE CITY hereby designates THE CITY Fire Chief, or his or her designee, to act as its representative for the performance of this Agreement. THE CITY's Representative shall have the full authority to represent and act on behalf of THE CITY for all purposes under this Agreement. THE CITY's Representative shall supervise and direct the services, using their best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the services under this Agreement. 2.AGENCY's Representative -AGENCY hereby designates its Fire Chief, or his or her designee, to act as its representative for the performance of this Agreement. AGENCY's Representative shall have the full authority to represent and act on behalf of AGENCY for all purposes under this Agreement. AGENCY's Representative shall supervise and direct the services, using their best skill and attention, and shall be responsible for all Page 101 means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the services under this Agreement. R.VENUE: The venue of any action or claim brought by any party to the Agreement will be the Superior Court of San Bernardino County. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning the Agreement is brought by any third-party and filed in another venue, the parties hereto agree to use their best efforts to obtain a change of venue to San Bernardino County. S.NO ASSIGNMENT: This Agreement shall be binding on the successors and assignees of the parties hereto, except that no party shall assign this Agreement without the prior written consent of the other party. IN WITNESS WHEREOF, this Agreement has been executed and approved and is effective and operative as to each of the parties are herein provided. FIRE DEPARTMENT Name: Raymond J. Gayk, Fire Chief City of Ontario Fire Department Date !.f_ l Ii I un J---+-(+---'----,/f------C----=--=--=------ RANCHO C DISTRICT Name: ONGA FIRE PROTECTION Mike McCliman, Fire Chief Rancho Cucamonga Fire Protection District Page 102 Attachment "A" OPERATING PLAN BETWEEN RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND CITY OF ONTARIO INTRODUCTION The purpose of this Operating Plan is to define the process for implementing the Automatic and Mutual Aid Agreement between the Rancho Cucamonga Fire Protection District ("AGENCY") and the City of Ontario ("the CITY") (collectively referred to as the "Agreement" or "Plan"). This Plan consists of the following terms and obligations of the parties: I.Automatic Aid The CITY shall provide Automatic Aid to AGENCY areas identified on Attachment "B". The CITY shall provide the same type and level of service as it would provide to its own service area on initial alarm. Resource needs beyond the initial alarm shall be the responsibility of AGENCY, although assistance may be provided as Mutual Aid by the CITY in accordance with the Agreement. AGENCY shall provide Automatic Aid to the CITY areas identified in Attachment "C". AGENCY shall provide the same type and level of service as it would provide to its own service area on initial alarm. Resource needs beyond this initial response shall be the responsibility of THE CITY, although assistance may be provided as Mutual Aid by AGENCY in accordance with the Agreement. Boundary Drop AGENCY and THE CITY agree to participate in Boundary Drop, as that term is defined in the Agreement, to the extent identified in this Agreement. The resources dispatched to an incident type under Boundary Drop will be dispatched according to the Requesting Party's response plan built in CAD and pre-approved by the Responding Agency's Fire Chief. Response plan updates that may affect the other Party shall not be made without review and approval of the affected Party's Fire Chief. Without specific approval from the Responding Party, response plans shall not be built to request more than two (2) Boundary Drop units to any single incident. Boundary Drop units may include Type I and Ill Engines but not more than one (1) Truck. Resource needs beyond the Boundary Drop agreement shall be handled under Mutual Aid. It is agreed that AGENCY or THE CITY, acting through the Fire Chiefs or their designee( s ), shall have the authority to jointly make day-to-day operational updates to the response plans of the agreed upon call types, which updates are conditional upon the availability of resources from the Responding Party. Notifications of any operational updates will be sent to both agencies and any affected dispatch center. Page 103 Mutual Aid Any request beyond Automatic Aid or Boundary Drop shall be considered Mutual Aid, as that term is defined in the Agreement. Immediately upon receiving a Mutual Aid request, the Responding Party's dispatch center shall contact the Responding Party's Duty Officer to approve or deny the request. Mutual Aid boundaries are at the discretion of the Responding Party's Duty Officer. IV.Types of Mutual Aid Equipment May include Type 1 and Type 3 Engines, Water Tenders, or Trucks; Hazardous Materials Units; Technical Rescue Units; or any other equipment or personnel which may be requested pursuant to California Master Mutual Aid (MMA) or Assistance by Hire (ABH), such as Hand Crews or Dozers, and which are subject to approval by the Responding Party. V.Incident Response Automatic Aid and Boundary Drop resources will be the closest available, as determined by the Responding Party's dispatch center. Mutual Aid resources will be the closest, most appropriate available, as determined by the Responding Party's Duty Officer. VI.Incident Communications Units shall be dispatched on their agency standard frequency. While en route, the jurisdictional dispatch center will establish the appropriate command and tactical frequencies. VII.Incident Management As resources arrive command responsibility is transferred through the following succession: (1) first arriving Company Officer, who may pass command to (2) second arriving Company Officer, then responsibility for managing the incident shall be immediately assumed by (3) the jurisdictional department upon its arrival. The assisting fire department personnel will be under the direction of the officer-in charge of the jurisdictional department. All incidents will be managed under the Incident Command System (ICS). FIRE DEPARTMENT For City of Ontario RANCHO CUCAMONGA FIRE PROTECTION DISTRICT By: --------------By: ---------------- Name: Name: ----------------------------Raymond J. Gayk, Fire Chief Mike McCliman, Fire Chief City of Ontario Fire Department Rancho Cucamonga Fire Protection District Date: Date: ------------------------ Page 104 Attachment "B" BOUNDARY MAP -RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Page 105 , RCFD Stations e ktive Under Construction e� Boundary -Qty Boundary / /. Sphere r::i Influence Upland N A • Foc,tt, A,._ s City of Rancho Cucamonga Ontario > " > " w Fontana Unincorporated .i, .., 'Ml1onAv SR�O I Page 106 City of Rancho Cucamonga .., ,. :E u .:c Boundary -City Boundary RCFD Stations e Active / // Sphere of Influence Under Construction e Proposed > > ,( c( .. i C i "' g .. :;: i; � Is :c i u :c Ontario .. t ii .>c .:I Unincorporated Fontana N Page 107 Attachment "C" BOUNDARY MAP -CITY OF ONTARIO Page 108 ONTARIO Page 109 First in Districts Page 110 DATE:June 21, 2023 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Matt Burris, Deputy City Manager/ Acting PW Services Director Richard Favela, Streets, Storm Drains and Fleet Superintendent Kenneth Fung, Associate Engineer SUBJECT:Consideration of a Contract with CT&T Concrete Paving, Inc. for the Concrete Rehabilitation Project FY 22-23 in an Amount of $471,295 Plus a Contingency of $142,611. (CITY) RECOMMENDATION: Staff recommends that the City Council: 1. Approve the plans and specifications for the Concrete Rehabilitation Project FY 22/23. 2. Accept the bids received for the Project. 3. Award and authorize the execution of a contract for the Base Bid plus Additive Bids 1, 4, 10, and 11 in the amount of $471,295 to the lowest responsive bidder CT&T Concrete Paving, Inc. 4. Authorize the expenditure of a contingency in the amount of $112,425. BACKGROUND: The “Concrete Rehabilitation Project FY 22/23” will repair concrete sidewalks, curb/gutters, and drive approaches with lifts or gaps in the public right-of-way and in City maintained landscapes, including City parks and paseos. The locations requiring repair have been identified by our in- house sidewalk inspection program and/or citizen requests. Once Public Works Services staff identifies a concrete issue, a crew will ramp or grind the lifts or gaps as a temporary repair. These locations are then scheduled for permanent repairs as funds become available. In many cases, the damage to the sidewalks is caused by tree roots. It is the City’s intention to protect and preserve the urban forest whenever possible while still facilitating the necessary sidewalk repairs. However, from time to time, the tree must be removed to complete the sidewalk repair. The project includes sidewalk, drive approach, and curb/gutter repairs in the area east of Haven Ave. between Lemon Ave and Banyan St., and other concrete repairs in various parks and paseos located in Landscape Maintenance Districts (LMDs) 2 and 4R. ANALYSIS: Six (6) bids for this project were received and opened at 2:00 pm on Tuesday, May 16, 2023 (see attached Bid Summary). The staff has completed the review of bids from the six (6) qualifying firms and has identified the lowest responsive bidder to be CT&T Concrete Paving, Inc. of Pomona, CA. In addition, CT&T Concrete Paving, Inc. has met the requirements of the bid documents. Page 111 Page 2 1 8 9 2 The project is scheduled to be completed within ninety (90) working days for the Base Bid and Additive Bids No 1, 4, 10, and 11. Staff is requesting a contingency of $112,425 in the event of something unexpected being discovered during construction. The unforeseen for projects of this type involve City trees having to be removed after sidewalk panels are lifted and the tree root system is not able to be preserved, triggering the removal of trees that increase the cost of the project. A copy of the project contract can be found at the City Clerk’s Office. FISCAL IMPACT: This project was requested by the Public Works Services Department and approved in the FY 2022/2023 budget. Below is a breakdown of the funding sources for the project. Expenditure Category Amount Construction Contract $471,295 Construction Contract Contingency $112,425 Estimated Construction Costs $583,720 Account No.Funding Source Description Amount 1001318-5650 Street Maintenance Citywide Concrete Repair $310,000 1177303-5650 Measure I Citywide Concrete Repair $175,000 1131303-5300 LMD 2 Concrete Repairs Parks and Paseos $76,000 1134303-5300 LMD 4R Concrete Repairs Parks and Paseos $22,720 Total Project Funding $583,720 COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: By removing and replacing damaged sidewalks, curbs and gutters, and drive approaches, the Concrete Rehabilitation Project FY 22-23 provides continuous improvement and a nurturing and high quality of life for all. ATTACHMENTS: Attachment 1 – Bid Summary Page 112 item Description Qty Unit Unit Price Cost Unit Price Cost Unit Price Cost Unit Price Cost Unit Price Cost Unit Price Cost Cost in Bid Proposal 1 Mobilization 1 LS $15,000.00 $15,000.00 $30,000.00 $30,000.00 $12,000.00 $12,000.00 $26,800.00 $26,800.00 $29,394.00 $29,394.00 $5,000.00 $5,000.00 $19,699.00 Haven Ave / Lemon Ave Project Area - Panels with "Cxx" Labels 2 Remove Ex PCC Sidewalk 13337 SF $5.00 $66,685.00 $3.75 $50,013.75 $5.00 $66,685.00 $4.00 $53,348.00 $5.00 $66,685.00 $5.00 $66,685.00 $4.63 3 Construct New PCC sidewalk 13337 SF $8.00 $106,696.00 $8.00 $106,696.00 $8.50 $113,364.50 $8.00 $106,696.00 $10.00 $133,370.00 $12.00 $160,044.00 $9.08 4 Remove Ex Residetial Drive Approach 2106 SF $7.00 $14,742.00 $4.00 $8,424.00 $7.00 $14,742.00 $6.00 $12,636.00 $8.50 $17,901.00 $7.00 $14,742.00 $6.58 5 Construct New 6" Residential Drive Approach 2106 SF $8.00 $16,848.00 $9.00 $18,954.00 $9.00 $18,954.00 $18.00 $37,908.00 $14.50 $30,537.00 $25.00 $52,650.00 $13.92 6 Remove Ex 8" Curb & 18" Gutter 187 LF $15.00 $2,805.00 $25.00 $4,675.00 $26.00 $4,862.00 $28.50 $5,329.50 $27.00 $5,049.00 $10.00 $1,870.00 $21.92 7 Construct New PCC 8" Curb & 18" Gutter 187 LF $45.00 $8,415.00 $60.00 $11,220.00 $35.00 $6,545.00 $67.00 $12,529.00 $72.00 $13,464.00 $90.00 $16,830.00 $61.50 8 Remove AC Pavement 200 SF $5.00 $1,000.00 $4.00 $800.00 $24.00 $4,800.00 $10.00 $2,000.00 $11.00 $2,200.00 $4.00 $800.00 $9.67 9 Install New Asphalt Concrete Pavement 200 SF $9.00 $1,800.00 $26.00 $5,200.00 $24.00 $4,800.00 $15.40 $3,080.00 $22.00 $4,400.00 $15.00 $3,000.00 $18.57 $233,991.00 $235,982.75 $246,752.50 $260,326.50 $303,000.00 $321,621.00 10 Remove Ex PCC Sidewalk 11148 SF $5.00 $55,740.00 $3.75 $41,805.00 $5.00 $55,740.00 $4.00 $44,592.00 $6.50 $72,462.00 $5.00 $55,740.00 $4.88 11 Construct New PCC sidewalk 11148 SF $8.00 $89,184.00 $8.00 $89,184.00 $8.50 $94,758.00 $8.75 $97,545.00 $11.50 $128,202.00 $12.00 $133,776.00 $9.46 12 Remove Ex Residetial Drive Approach 302 SF $7.00 $2,114.00 $4.00 $1,208.00 $7.00 $2,114.00 $6.11 $1,845.22 $9.00 $2,718.00 $7.00 $2,114.00 $6.69 13 Construct New 6" Residential Drive Approach 302 SF $9.00 $2,718.00 $9.00 $2,718.00 $9.00 $2,718.00 $18.50 $5,587.00 $15.00 $4,530.00 $25.00 $7,550.00 $14.25 14 Remove Ex 8" Curb & 18" Gutter 90 LF $15.00 $1,350.00 $25.00 $2,250.00 $26.00 $2,340.00 $28.50 $2,565.00 $27.00 $2,430.00 $10.00 $900.00 $21.92 15 Construct New PCC 8" Curb & 18" Gutter 90 LF $45.00 $4,050.00 $60.00 $5,400.00 $35.00 $3,150.00 $68.60 $6,174.00 $72.00 $6,480.00 $90.00 $8,100.00 $61.77 16 Remove AC Pavement 100 SF $5.00 $500.00 $4.00 $400.00 $24.00 $2,400.00 $10.00 $1,000.00 $11.00 $1,100.00 $4.00 $400.00 $9.67 17 Install New Asphalt Concrete Pavement 100 SF $9.00 $900.00 $26.00 $2,600.00 $24.00 $2,400.00 $16.50 $1,650.00 $22.00 $2,200.00 $15.00 $1,500.00 $18.75 $156,556.00 $145,565.00 $165,620.00 $160,958.22 $220,122.00 $210,080.00 18 Remove Ex PCC Sidewalk 2329 SF $5.00 $11,645.00 $3.75 $8,733.75 $5.00 $11,645.00 $4.00 $9,316.00 $6.50 $15,138.50 $5.00 $11,645.00 $4.88 19 Construct New PCC sidewalk 2329 SF $8.00 $18,632.00 $8.00 $18,632.00 $8.50 $19,796.50 $8.75 $20,378.75 $11.50 $26,783.50 $12.00 $27,948.00 $9.46 20 Remove Ex Residetial Drive Approach 1019 SF $7.00 $7,133.00 $4.00 $4,076.00 $7.00 $7,133.00 $6.11 $6,226.09 $9.00 $9,171.00 $7.00 $7,133.00 $6.69 21 Construct New 6" Residential Drive Approach 1019 SF $9.00 $9,171.00 $9.00 $9,171.00 $9.00 $9,171.00 $18.50 $18,851.50 $15.00 $15,285.00 $25.00 $25,475.00 $14.25 22 Remove Ex 8" Curb & 18" Gutter 128 LF $15.00 $1,920.00 $25.00 $3,200.00 $26.00 $3,328.00 $28.50 $3,648.00 $27.00 $3,456.00 $10.00 $1,280.00 $21.92 23 Construct New PCC 8" Curb & 18" Gutter 128 LF $45.00 $5,760.00 $60.00 $7,680.00 $35.00 $4,480.00 $68.60 $8,780.80 $72.00 $9,216.00 $90.00 $11,520.00 $61.77 24 Remove AC Pavement 136 SF $5.00 $680.00 $4.00 $544.00 $24.00 $3,264.00 $10.00 $1,360.00 $11.00 $1,496.00 $4.00 $544.00 $9.67 25 Install New Asphalt Concrete Pavement 136 SF $9.00 $1,224.00 $26.00 $3,536.00 $24.00 $3,264.00 $16.50 $2,244.00 $22.00 $2,992.00 $15.00 $2,040.00 $18.75 $56,165.00 $55,572.75 $62,081.50 $70,805.14 $83,538.00 $87,585.00 26 Remove Ex PCC Sidewalk 1533 SF $5.00 $7,665.00 $6.00 $9,198.00 $6.00 $9,198.00 $6.25 $9,581.25 $6.50 $9,964.50 $5.00 $7,665.00 $5.79 27 Construct New PCC sidewalk 1533 SF $8.00 $12,264.00 $9.00 $13,797.00 $9.50 $14,563.50 $11.50 $17,629.50 $11.50 $17,629.50 $12.00 $18,396.00 $1,836.00 $10.25 $19,929.00 $22,995.00 $23,761.50 $27,210.75 $27,594.00 $26,061.00 $9,501.00 28 Remove Ex PCC Sidewalk 2580 SF $5.00 $12,900.00 $6.00 $15,480.00 $6.00 $15,480.00 $6.25 $16,125.00 $6.50 $16,770.00 $5.00 $12,900.00 $5.79 29 Construct New PCC sidewalk 2580 SF $8.00 $20,640.00 $9.00 $23,220.00 $9.50 $24,510.00 $11.50 $29,670.00 $11.50 $29,670.00 $12.00 $30,960.00 $10.25 $33,540.00 $38,700.00 $39,990.00 $45,795.00 $46,440.00 $43,860.00 30 Remove Ex PCC Sidewalk 5284 SF $5.00 $26,420.00 $6.00 $31,704.00 $6.00 $31,704.00 $6.25 $33,025.00 $6.50 $34,346.00 $5.00 $26,420.00 $5.79 31 Construct New PCC sidewalk 5284 SF $8.00 $42,272.00 $9.00 $47,556.00 $9.50 $50,198.00 $11.50 $60,766.00 $11.50 $60,766.00 $12.00 $63,408.00 $10.25 $68,692.00 $79,260.00 $81,902.00 $93,791.00 $95,112.00 $89,828.00 32 Remove Ex PCC Sidewalk 1592 SF $5.00 $7,960.00 $6.00 $9,552.00 $6.00 $9,552.00 $6.25 $9,950.00 $6.50 $10,348.00 $5.00 $7,960.00 $5.79 33 Construct New PCC sidewalk 1592 SF $8.00 $12,736.00 $9.00 $14,328.00 $9.50 $15,124.00 $11.50 $18,308.00 $11.50 $18,308.00 $12.00 $19,104.00 $10.25 $20,696.00 $23,880.00 $24,676.00 $28,258.00 $28,656.00 $27,064.00 34 Remove Ex PCC Sidewalk 4177 SF $5.00 $20,885.00 $6.00 $25,062.00 $6.00 $25,062.00 $6.25 $26,106.25 $6.50 $27,150.50 $5.00 $20,885.00 $5.79 35 Construct New PCC sidewalk 4177 SF $8.00 $33,416.00 $9.00 $37,593.00 $9.50 $39,681.50 $11.50 $48,035.50 $11.50 $48,035.50 $12.00 $50,124.00 $10.25 $54,301.00 $62,655.00 $64,743.50 $74,141.75 $75,186.00 $71,009.00 36 Remove Ex PCC Sidewalk 210 SF $13.00 $2,730.00 $6.00 $1,260.00 $6.00 $1,260.00 $6.25 $1,312.50 $6.50 $1,365.00 $5.00 $1,050.00 $7.13 37 Construct New PCC sidewalk 210 SF $18.00 $3,780.00 $9.00 $1,890.00 $9.50 $1,995.00 $11.50 $2,415.00 $11.50 $2,415.00 $12.00 $2,520.00 $11.92 $6,510.00 $3,150.00 $3,255.00 $3,727.50 $3,780.00 $3,570.00 38 Remove Ex PCC Sidewalk 836 SF $8.00 $6,688.00 $6.00 $5,016.00 $6.00 $5,016.00 $6.25 $5,225.00 $6.50 $5,434.00 $5.00 $4,180.00 $6.29 39 Construct New PCC sidewalk 836 SF $10.00 $8,360.00 $9.00 $7,524.00 $9.50 $7,942.00 $11.50 $9,614.00 $11.50 $9,614.00 $12.00 $10,032.00 $10.58 $15,048.00 $12,540.00 $12,958.00 $14,839.00 $15,048.00 $14,212.00 40 Remove Ex PCC Sidewalk 1374 SF $6.00 $8,244.00 $6.00 $8,244.00 $6.00 $8,244.00 $6.25 $8,587.50 $6.50 $8,931.00 $5.00 $6,870.00 $5.96 41 Construct New PCC sidewalk 1374 SF $8.00 $10,992.00 $9.00 $12,366.00 $9.50 $13,053.00 $11.50 $15,801.00 $11.50 $15,801.00 $12.00 $16,488.00 $10.25 $19,236.00 $20,610.00 $21,297.00 $24,388.50 $24,732.00 $23,358.00 42 Remove Ex PCC Sidewalk 1998 SF $6.00 $11,988.00 $6.00 $11,988.00 $6.00 $11,988.00 $6.25 $12,487.50 $6.50 $12,987.00 $5.00 $9,990.00 $5.96 43 Construct New PCC sidewalk 1998 SF $8.00 $15,984.00 $9.00 $17,982.00 $9.50 $18,981.00 $11.50 $22,977.00 $11.50 $22,977.00 $12.00 $23,976.00 $10.25 $27,972.00 $29,970.00 $30,969.00 $35,464.50 $35,964.00 $33,966.00 TOTAL ADDITIVE BID NO 6 AMOUNT = ADDITIVE BID NO 5 (Paseos PAS-27, PAS-28, PAS-29 and PAS-75) ATTACHMENT 1 - BID SUMMARY TOTAL BASE BID AMOUNT = TOTAL ADDITIVE BID NO 1 AMOUNT = TOTAL ADDITIVE BID NO 2 AMOUNT = TOTAL ADDITIVE BID NO 3 AMOUNT = TOTAL ADDITIVE BID NO 4 AMOUNT = ADDITIVE BID NO 1 - Haven Ave / Lemon Ave Project Area - Panels with "Lxx" Labels ADDITIVE BID NO 6 (Paseos PAS-19, PAS 57-1, PAS 59- 1, PAS 61-1 and T28) ADDITIVE BID NO 4 (Paseos PAS-22, PAS-24 and PAS- 26) ADDITIVE BID NO 3 (Paseos PAS-13 and PAS-18) ADDITIVE BID NO 2 - Amethyst Avenue Project Area TOTAL ADDITIVE BID NO 5 AMOUNT = ADDITIVE BID NO 7 (Paseos PAS-44, PAS-45, PAS-50 and PAS-83) TOTAL ADDITIVE BID NO 7 AMOUNT = MAY 16, 2023 BID OPENING SUMMARY DM Contracting, Inc.Average of Unit Prices Onyx Paving Company, Inc.S&H Civilworks Gentry General Engineering, Inc. CONCRETE REHABILITATION PROJECT FY 22/23 BASE BID - Haven Ave / Lemon Ave Project Area - Panels with "Cxx" Labels CT & T Concrete Paving, Inc. Grigolla & Sons Const Co, Inc. ADDITIVE BID NO 8 (Paseos PAS-47, PAS-88 and PAS- 89) TOTAL ADDITIVE BID NO 8 AMOUNT = ADDITIVE BID NO 9 (Paseos PAS-33, PAS-90 and PAS- 92) TOTAL ADDITIVE BID NO 9 AMOUNT = ADDITIVE BID NO 10 (Mountain View Park and Ralph Lewis Park) TOTAL ADDITIVE BID NO 10 AMOUNT = ADDITIVE BID NO 11 (Victoria Arbors Park) TOTAL ADDITIVE BID NO 11 AMOUNT = Page 113 Page 1 of 1 REVISION: Attached is a revised Staff Report for item D6 on the Consent Calendar highlighting a change in the Contingency amount as the original amount was incorrect in the subject title of the staff report. Therefore, the contingency amount in the Staff Report needs to be revised from $142,611 to $112,425. RECOMMENDATION: Staff recommends that the City Council: 1.Approve the plans and specifications for the Concrete Rehabilitation Project FY 22/23. 2.Accept the bids received for the Project. 3.Award and authorize the execution of a contract for the Base Bid plus Additive Bids 1, 4, 10, and 11 in the amount of $471,295 to the lowest responsive bidder CT&T Concrete Paving, Inc. 4.Authorize the expenditure of a contingency in the amount of $112,425. ATTACHMENTS: Attachment 1 – Revised Staff Report DATE: June 21, 2023 TO: FROM: BY: SUBJECT: Consideration of a Contract with CT&T Concrete Paving, Inc. for the Concrete Rehabilitation Project FY 22-23 in an Amount of $471,295 Plus a Contingency of $142,611 $112,425. (CITY) MEMORANDUM Public Works Services Department John R. Gillison, City Manager Matt Burris, Deputy City Manager/ Acting PW Services Director Matt Burris, Deputy City Manager/ Acting PW Services Director Richard Favela, Streets, Storm Drains and Fleet Superintendent Kenneth Fung, Associate Engineer Corrected Staff Report: 6/21/2023 Item D6 Consent Calendar Page 114 DATE: June 21, 2023 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Matt Burris, Deputy City Manager/ Acting PW Services Director Richard Favela, Streets, Storm Drains and Fleet Superintendent Kenneth Fung, Associate Engineer SUBJECT: Consideration of a Contract with CT&T Concrete Paving, Inc. for the Concrete Rehabilitation Project FY 22-23 in an Amount of $471,295 Plus a Contingency of $112,425. (CITY) RECOMMENDATION: Staff recommends that the City Council: 1. Approve the plans and specifications for the Concrete Rehabilitation Project FY 22/23. 2. Accept the bids received for the Project. 3. Award and authorize the execution of a contract for the Base Bid plus Additive Bids 1, 4, 10, and 11 in the amount of $471,295 to the lowest responsive bidder CT&T Concrete Paving, Inc. 4. Authorize the expenditure of a contingency in the amount of $112,425. BACKGROUND: The “Concrete Rehabilitation Project FY 22/23” will repair concrete sidewalks, curb/gutters, and drive approaches with lifts or gaps in the public right-of-way and in City maintained landscapes, including City parks and paseos. The locations requiring repair have been identified by our in- house sidewalk inspection program and/or citizen requests. Once Public Works Services staff identifies a concrete issue, a crew will ramp or grind the lifts or gaps as a temporary repair. These locations are then scheduled for permanent repairs as funds become available. In many cases, the damage to the sidewalks is caused by tree roots. It is the City’s intention to protect and preserve the urban forest whenever possible while still facilitating the necessary sidewalk repairs. However, from time to time, the tree must be removed to complete the sidewalk repair. The project includes sidewalk, drive approach, and curb/gutter repairs in the area east of Haven Ave. between Lemon Ave and Banyan St., and other concrete repairs in various parks and paseos located in Landscape Maintenance Districts (LMDs) 2 and 4R. ANALYSIS: Six (6) bids for this project were received and opened at 2:00 pm on Tuesday, May 16, 2023 (see attached Bid Summary). The staff has completed the review of bids from the six (6) qualifying firms and has identified the lowest responsive bidder to be CT&T Concrete Paving, Inc. of Pomona, CA. In addition, CT&T Concrete Paving, Inc. has met the requirements of the bid documents. Corrected Staff Report 6/21/2023 Item D6 Consent Calendar Page 115 Page 2 The project is scheduled to be completed within ninety (90) working days for the Base Bid and Additive Bids No 1, 4, 10, and 11. Staff is requesting a contingency of $112,425 in the event of something unexpected being discovered during construction. The unforeseen for projects of this type involve City trees having to be removed after sidewalk panels are lifted and the tree root system is not able to be preserved, triggering the removal of trees that increase the cost of the project. A copy of the project contract can be found at the City Clerk’s Office. FISCAL IMPACT: This project was requested by the Public Works Services Department and approved in the FY 2022/2023 budget. Below is a breakdown of the funding sources for the project. Expenditure Category Amount Construction Contract $471,295 Construction Contract Contingency $112,425 Estimated Construction Costs $583,720 Account No. Funding Source Description Amount 1001318-5650 Street Maintenance Citywide Concrete Repair $310,000 1177303-5650 Measure I Citywide Concrete Repair $175,000 1131303-5300 LMD 2 Concrete Repairs Parks and Paseos $76,000 1134303-5300 LMD 4R Concrete Repairs Parks and Paseos $22,720 Total Project Funding $583,720 COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: By removing and replacing damaged sidewalks, curbs and gutters, and drive approaches, the Concrete Rehabilitation Project FY 22-23 provides continuous improvement and a nurturing and high quality of life for all. ATTACHMENTS: Attachment 1 – Bid Summary Page 116 DATE:June 21, 2023 TO:President and Members of the Board of Directors FROM:John R. Gillison, City Manager INITIATED BY:Mike McCliman, Fire Chief Wess Garcia, Acting Library Director Ty Harris, Deputy Fire Chief Darci Vogel, Fire Business Manager SUBJECT:Consideration of an Increase to AMG & Associates, Inc. Contract No. FD 2021-001 in the Amount of $63,610 for Installation of a 24/7 Library Kiosk at the Fire Station 178 Project. (FIRE/CITY COUNCIL) RECOMMENDATION: Staff recommends the City Council / Fire Board approve an increase to AMG & Associates, Inc. contract No. FD 2021-011 for $63,610 for installation of a 24/7 Library Kiosk at the Fire Station 178 Project. BACKGROUND: On February 17, 2016, the Fire Board approved the purchase of 3.8 acres of property located at the corner of Town Center Drive and Terra Vista Parkway for future Fire Station 178. This property is centrally located in an area of the City planned for high-density residential and large- scale office building developments. This strategic location will help maximize existing resources to better serve the central community while providing for systemwide draw-down and corresponding demands for service. On August 5, 2020, the Fire Board approved a contract amendment with Mary McGrath Architects for Conceptual Design Build services of the new Fire Station 178. The conceptual design for the station is a 12,176 square foot, two-story fire station that will house three (3) on-duty firefighters 24 hours per day. The station is designed to accommodate up to seven (7) on-duty personnel in order to address potential future changes in response and staffing needs. On September 1, 2021, the Fire Board awarded contract FD 2021-011 to AMG & Associates, Inc. for design-build of Fire Station 178, to include both Additive Alternate No. 1 (Records Storage Building) and No. 2 (Solar/Battery Storage System). The total contract awarded was $16,389,052 (including an allowance of $630,348 for design-build and additive alternates) and an additional project contingency of $945,522 (totaling 10% for allowances and contingency). Construction of Fire Station 178 utilizes the design-build process, the first time for both the City and the District. This progressive process involves a general contractor and licensed architect partnering to form a design-build team and then working collaboratively under a single contract to provide design and construction services. This process allows for a unified flow of work, greater flexibility in awarding a contract, higher quality work, and greater cost certainty with fewer change orders and delays. Page 117 Page 2 1 9 0 0 On November 2, 2022, the Fire Board approved a change order with AMG & Associates, Inc. in the amount of $278,000. The change order included the Schematic Design, Design Development, Construction Documentation, and Pre-Construction Services costs for the 9/11 Memorial at Fire Station 178. ANALYSIS: From the early conceptual design build phase through the current construction phase, Fire Station 178 has been a Team RC project involving collaboration across multiple departments, including City Manager's Office, Planning, Engineering, Public Works, Community Services, and the Fire District. That collaboration has now expanded to include the Library Services Department with the inclusion of a 24/7 Library Kiosk at project site. The 24/7 Library Kiosk will expand community access to library materials and services on a 24- hour basis. This includes: 1. Providing library cardholders with increased access to high demand titles in multiple formats including print and DVD; and 2. Increasing library services and duplicate self-service options at multiple locations within the city, allowing users to checkout and return materials at expanded kiosk locations. Staff recommends approving a change order with AMG & Associates, Inc. in the amount of $63,610 for the 24/7 Library Kiosk at Fire Station 178. The change order includes both design and construction administration services, as well as the addition of electric, data, concrete pad, and canopy structure. FISCAL IMPACT: The total cost of the change order is $63,610. Sufficient funding was included in the FY 2022-23 mid-year adjusted budget in the Library Fund under account 1290601-5603 (Capital Outlay - Equipment). COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: The construction of the Fire Station 178 will promote a safe and healthy community for all by enhancing the delivery of vital life safety services and ensuring efficient response times to residents, visitors, and businesses. The inclusion of the 24/7 Library Kiosk will continue to build and preserve a family-oriented atmosphere by expanding community access to library materials and services. ATTACHMENTS: None Page 118 Page 1 of 1 RECOMMENDATION: Staff recommends the City Council reject the bids for the Traffic Signal Modification FY 21/22 Project as non-responsive to the needs of the City. BACKGROUND: The Traffic Signal Modification FY 21/22 bid opened on March 22, 2023 and closed on Tuesday, April 25, 2023. The scope of work for the Traffic Signal Modification FY 21/22 project involved the modification of the 6th Street at Archibald Avenue traffic signal, the modification of the 6th Street at Milliken Avenue traffic signal, and related work including replacement of the electrical wiring and a new controller cabinet to upgrade the traffic signals to meet current standards. Three bids were received when the bidding period had closed. ANALYSIS: The three bids for the Traffic Signal Modification FY 21/22 Project were opened at 2:00 pm on Tuesday, April 25, 2023. The lowest base bid proposal exceeded the engineer’s estimate of $200,000 by more than 50 percent for a total cost of $306,836. Attached is a copy of the bid summary for reference. Similar traffic signal modifications that were completed two years ago were well under $200,000, however, due to inflation and the cost of materials and labor, prices have increased. When we rebid this project, to ensure bids received are within the project budget, staff will reduce the project’s scope of work to include only one of the traffic signal modifications with other modifications as optional additives. FISCAL IMPACT: The appropriated funds from Account 1174303-5650/2035174-0 will be returned to fund balance for a total of $200,000. COUNCIL MISSION / VISION/ GOAL(S) ADDRESSED: Rejecting the bid achieves the Council goal to intentionally embrace and anticipate our future. ATTACHMENTS: Attachment 1 – Bid Summary DATE:June 21, 2023 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Matt Burris, Acting Public Works Services Director Richard Favela, Jr., Streets, Storm Drains and Fleet Superintendent Kenneth Fung, Assistant Engineer SUBJECT:Consideration to Reject Bids for the Traffic Signal Modification FY 21/22 Project as Non-Responsive to the Needs of the City. (CITY) Page 119 APRIL 25, 2023 BID OPENING SUMMARY TRAFFIC SIGNAL MODIFICATION FY 21/22 PROJECT BASE BID Crosstown Electrical & Data, Inc.Elecnor Belco Electric, Inc.DBX, Inc.Average of Unit PricesitemDescriptionQtyUnitUnit Price Cost Unit Price Cost Unit Price Cost 1 Mobilization 1 LS $5,000.00 $5,000.00 $18,015.00 $18,015.00 $5,000.00 $5,000.00 $9,338.33 2 Traffic Control for 6th Street at Archibald Avenue Traffic Signal Modiciation 1 LS $500.00 $500.00 $7,917.00 $7,917.00 $3,500.00 $3,500.00 $3,972.33 3 Traffic Control for 6th Street at Milliken Avenue Traffic Signal Modiciation 1 LS $500.00 $500.00 $4,000.00 $4,000.00 $2,500.00 $2,500.00 $2,333.33 4 6th Street at Archiblad Avenye Traffic Signal Modification per Project Plan 1 LS $122,025.00 $122,025.00 $208,043.00 $208,043.00 $310,500.00 $310,500.00 $213,522.67 5 6th Street at Milliken Avenye Traffic Signal Modification per Project Plan 1 LS $178,811.00 $178,811.00 $136,518.00 $136,518.00 $140,570.00 $140,570.00 $151,966.33 BASE BID TOTAL =$306,836.00 $374,493.00 $462,070.00 ATTACHMENT 1 - BID SUMMARY Page 120 DATE:June 21, 2023 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 Trina Valdez, Utilities Operations Supervisor SUBJECT:Consideration to Issue a Purchase Order for the Purchase of Itron Smart Meters, Current Transformers and Test Switches from McAvoy and Markham Engineering and Sales in the Amount of $380,000 and an Appropriation in the Amount of $380,000. (CITY) RECOMMENDATION: Staff recommends the City Council: 1. Approve and authorize a purchase order for the purchase of 1,040 Itron Smart Meters, 30 sets of GEC Durham Current Transformers, and 30 Test Switches from the authorized distributor, McAvoy and Markham Engineering and Sales in the amount of $380,000; and 2. Authorize an appropriation in the amount of $380,000 from the Municipal Utility Fund (Fund 705) for the purchase. BACKGROUND: In March 2017, staff determined that the Itron OpenWay 4G Cellular smart meter was the meter and software solution that best meets the needs of the Rancho Cucamonga Municipal Utility (RCMU). This solution provides staff the ability to perform meter reads, remote disconnections, and billing remotely which reduces staff time and contract meter related costs. Given the nature of this system and the need to integrate with specialized software, a sole source justification memo was previously submitted and approved by the Procurement Division. ANALYSIS: The purchase of 1,040 smart meters (Itron OpenWay 4G Cellular FM12S, FM16S and FM9S) is needed to ensure that the new residential communities being developed called Harvest at Terra Vista located at the northwest corner of Milliken Avenue and Foothill Boulevard and Alta Cuvee located at the southeast corner of Etiwanda Avenue and Foothill Boulevard are utilizing the same AMI 2-way meter platform and software that are currently being used with all existing RCMU commercial and residential customers. When installing three-phase transformer related meters like the FM9S, a set of current transformers (CTs) and a test switch is needed to complete the meter installation. The GEC Durham CTs meets the City’s needs and is utilized in most of the existing transformer rated meters in the RCMU territory for their reliability and durability. Page 121 Page 2 1 9 0 4 Staff obtained a quote from McAvoy and Markham Engineering and Sales, the authorized distributor of Itron meters and GEC Durham equipment, in the amount of $380,000 for the purchase of the meters, CTs and test switches and deemed the quote to be reasonable. FISCAL IMPACT: An appropriation in the amount of $380,000 from the Municipal Utility Fund (Fund 705) to Account No. 1705303-5603 (Capital Outlay - Equipment) is required to fully fund the purchase. The cost of the meters and equipment will be reimbursed to RCMU by the developer of each project. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This item addresses the City Council’s core value of intentionally embracing and anticipating the future by guaranteeing the City has the proper new equipment available to install and maintain high-quality public improvements to RCMU customers. ATTACHMENTS: None. Page 122 DATE:June 21, 2023 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Wess Garcia, Acting Library Director Cara Vera, Library Services Manager SUBJECT:Consideration of a Contract with Envisionware, Inc. in an Amount Not to Exceed $188,050 for the Purchase and Installation of a 24/7 Library Materials Kiosk to be Located at Fire Station 178. (CITY) RECOMMENDATION: Staff recommends the City Council accept a scope of services for purchase and installation of a 24/7 Library Materials Kiosk (“kiosk”) from Envisionware, Inc. to offer self-service library materials checkout. BACKGROUND: In 2021, through funding from the CARES Act Coronavirus Relief Fund for Local Governments, the Library Services Department purchased and installed a 24/7 Library materials kiosk outside the entrance of the RC Family Resource Center. The purchase was made through Envisionware, Inc., a leading provider of self service and library-efficiency solutions. Use of the kiosk indicates residents enjoy the 24 hour, seven days a week availability of library materials and can manage the self-serve features successfully and without assistance from Library staff. Further, the machine offers a dependable and durable design; is intuitive to operate and troubleshoot; and demands relatively low staffing and overhead resources. With the successful launch of the first kiosk, the Library is recommending the expansion of 24/7 Library materials kiosk services and Rancho Cucamonga Fire Station 178 has been identified as a prime location for this second unit. The City has finalized plans to include a kiosk at the new station and construction and site preparation has begun. ANALYSIS: This project would expand Library Services operations to additional areas of the City by providing a 24/7 Library materials kiosk at the City’s Fire Station 178. Purchasing a second Envisionware, Inc. 24/7 Library materials kiosk will: •Provide library cardholders with increased access to high demand titles in multiple languages and formats including print and DVD; 24 hours a day, seven days a week using a service model that has proved both efficient and effective. •Increase Library services and duplicate self-service options at multiple locations within the city, allowing users to checkout and return materials at expanded kiosk locations. Page 123 Page 2 1 7 8 3 •Provide savings as connectivity to the city’s data network and programming with the Library’s existing Integrated Library System is identical to the existing kiosk located at the RC Family Resource Center. This continuity between devices creates staffing efficiencies during the project’s implementation phase. •Receive maintenance and services from the same vendor, creating economies of time, distance, and scale. •Save on Library training and staff time as this duplicate service can be seamlessly incorporated into existing Library workflows and processes. Purchasing and installing a second 24/7 Library materials kiosk at Fire Station 178 provides increased access to library materials for residents. FISCAL IMPACT: The FY 2022/2023 Budget includes funding not to exceed $188,050 for the procurement of a 24/7 Library materials kiosk in 1290601-5603 Library Fund Administration (Equipment). COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: Expanding access to library materials through an additional 24/7 Library materials kiosk meets City Council’s Core Values to promote equitable prosperity for all and the relentless pursuit of improvement. ATTACHMENTS: Attachment 1 – Professional Services Agreement Envisionware. Page 124 PSA without Professional Liability Insurance (Contractor) Page 1 Last Revised: 11/12/2020 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this third day of May, 2023, by and between the City of Rancho Cucamonga, a municipal corporation (“City”) and Envisionware Inc. (“Contractor”). RECITALS A.City has heretofore issued its request for proposals to perform the following professional services: Provide a 24-Hour Library Main System (kiosk), including installation, configuration, staff training, and annual maintenance starting in year two (“the Project”). B.Contractor has submitted a proposal to perform the professional services described in Recital “A”, above, necessary to complete the Project. C.City desires to engage Contractor to complete the Project in the manner set forth and more fully described herein. D.Contractor represents that it is fully qualified and licensed under the laws of the State of California to perform the services contemplated by this Agreement in a good and professional manner. AGREEMENT NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: 1.Contractor’s Services. 1.1 Scope and Level of Services. Subject to the terms and conditions set forth in this Agreement, City hereby engages Contractor to perform all technical and professional services described in Recitals “A” and “B” above, including, but not limited to contractor’s quote and End User License Agreement and Limited Warranty, all as more fully set forth in the Contractor’s proposal, dated February 7, 2023 and entitled “Scope of Work”, attached hereto as Exhibit “A”, and incorporated by reference herein. The nature, scope, and level of the services required to be performed by Contractor are set forth in the Scope of Work and are referred to herein as “the Services.” In the event of any inconsistencies between the Scope of Work and this Agreement, the terms and provisions of this Agreement shall control. 1.2 Revisions to Scope of Work. Upon request of the City, the Contractor will promptly meet with City staff to discuss any revisions to the Project desired by the City. Contractor agrees that the Scope of Work may be amended based Attachment 1 Page 125 PSA without Professional Liability Insurance (Contractor) Page 2 Last Revised: 11/12/2020 upon said meetings, and, by amendment to this Agreement, the parties may agree on a revision or revisions to Contractor’s compensation based thereon. A revision pursuant to this Section that does not increase the total cost payable to Contractor by more than ten percent (10%) of the total compensation specified in Section 3, may be approved in writing by City’s City Manager without amendment. 1.3 Time for Performance. Contractor shall perform all services under this Agreement in a timely, regular basis consistent with industry standards for professional skill and care, and in accordance with any schedule of performance set forth in the Scope of Work, or as set forth in a “Schedule of Performance”, if such Schedule is attached hereto as Exhibit “B”. 1.4 Standard of Care. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing the Services. 1.5 Familiarity with Services. By executing this Agreement, Contractor represents that, to the extent required by the standard of practice, Contractor (a) has investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. Contractor represents that Contractor, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of services, Contractor shall immediately inform City of such fact and shall not proceed except at Contractor’s risk until written instructions are received from the City Representative. 2.Term of Agreement. The term of this Agreement shall be one (1) year and shall become effective as of the date of the mutual execution by way of both parties’ signature (the “Effective Date”). No work shall be conducted; service or goods will not be provided until this Agreement has been executed and above requirements have been fulfilled. Parties to this Agreement shall have the option to renew in one (1) year increments to a total of three (3) years, unless sooner terminated as provided in Section 14 herein. Options to renew are contingent upon the City Manager’s approval, subject to pricing review, and in accordance with all Terms and Conditions stated herein unless otherwise provided in writing by the City. 3.Compensation. 3.1 Compensation. City shall compensate Contractor as set forth in Exhibit A, provided, however, that full, total and complete amount payable to Contractor shall not exceed $188,024.25 (one hundred eighty eight thousand, twenty four dollars and Page 126 PSA without Professional Liability Insurance (Contractor) Page 3 Last Revised: 11/12/2020 twenty-five cents), including all out of pocket expenses, unless additional compensation is approved by the City Council. City shall not withhold any federal, state or other taxes, or other deductions. However, City shall withhold not more than ten percent (10%) of any invoice amount pending receipt of any deliverables reflected in such invoice. Under no circumstance shall Contractor be entitled to compensation for services not yet satisfactorily performed. The parties further agree that compensation may be adjusted in accordance with Section 1.2 to reflect subsequent changes to the Scope of Services. City shall compensate Contractor for any authorized extra services as set forth in Exhibit A. 4. Method of Payment. 4.1 Invoices. Contractor shall submit to City monthly invoices for the Services performed pursuant to this Agreement. The invoices shall describe in detail the Services rendered during the period and shall separately describe any authorized extra services. Any invoice claiming compensation for extra services shall include appropriate documentation of prior authorization of such services. All invoices shall be remitted to the City of Rancho Cucamonga, California. 4.2 City shall review such invoices and notify Contractor in writing within ten (10) business days of any disputed amounts. 4.3 City shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the not-to-exceed amounts set forth in Section 3. 4.4 All records, invoices, time cards, cost control sheets and other records maintained by Contractor relating to services hereunder shall be available for review and audit by the City. 5. Representatives. 5.1 City Representative. For the purposes of this Agreement, the contract administrator and City’s representative shall be Wess Garcia, Acting Library Director or such other person as designated in writing by the City (“City Representative”). It shall be Contractor’s responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and Contractor shall refer any decisions that must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative. 5.2 Contractor Representative. For the purposes of this Agreement, John C. Dexter, General Manager is hereby designated as the principal and representative of Contractor authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith (“Contractor’s Representative”). It is expressly understood that the experience, knowledge, capability and reputation of the Contractor’s Representative were a substantial inducement for City to enter into this Page 127 PSA without Professional Liability Insurance (Contractor) Page 4 Last Revised: 11/12/2020 Agreement. Therefore, the Contractor’s Representative shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. Contractor may not change the Responsible Principal without the prior written approval of City. 6. Contractor’s Personnel. 6.1 All Services shall be performed by Contractor or under Contractor’s direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City business license as required by the City’s Municipal Code. 6.2 Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the standard of care set forth in Section 1.4. 6.3 Contractor shall be responsible for payment of all employees’ and subcontractors’ wages and benefits, and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security. By its execution of this Agreement, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 6.4 Contractor shall indemnify, defend and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of city or agency officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Contractor’s violations of personnel practices and/or any violation of the California Labor Code. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Ownership of Work Product. 7.1 Title to Intellectual Property. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of the Work Product and/or materials produced under this Agreement. Contractor shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city officials, harmless from any loss, claim or liability in any way related to a claim that City’s use is violating federal, state or local laws, or any contractual provisions, relating to trade names, licenses, franchises, patents or other means of Page 128 PSA without Professional Liability Insurance (Contractor) Page 5 Last Revised: 11/12/2020 protecting intellectual property rights and/or interests in products or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, software, equipment, devices or processes used or incorporated in the Services and materials produced under this Agreement. In the event City’s use of any of the Work Product is held to constitute an infringement and any use thereof is enjoined, Contractor, at its expense, shall: (a) secure for City the right to continue using the Work Product by suspension of any injunction or by procuring a license or licenses for City; or (b) modify the Work Product so that it becomes non- infringing. This covenant shall survive the termination of this Agreement. 8. Status as Independent Contractor. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and to defend, indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees 9. Confidentiality. Contractor may have access to financial, accounting, statistical, and personnel data of individuals and City employees. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are confidential and shall not be disclosed by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Contractor’s covenant under this section shall survive the termination of this Agreement. This provision shall not apply to information in whatever form that is in the public domain, nor shall it restrict the Contractor from giving notices required by law or complying with an order to provide information or data when such an order is issued by a court, administrative agency or other legitimate authority, or if disclosure is otherwise permitted by law and reasonably necessary for the Contractor to defend itself from any legal action or claim. 10. Conflict of Interest. 10.1 Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor “financially interested” (as provided Page 129 PSA without Professional Liability Insurance (Contractor) Page 6 Last Revised: 11/12/2020 in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. Consultant or its employees may be required to disclose financial interests that may foreseeably be materially affected by the work performed under this Agreement pursuant to California Government Code § 87100 et seq and regulations promulgated by the Fair Political Practices Commission. 10.2 Contractor further represents that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Contractor has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 10.3 Contractor has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited “conflict of interest” under applicable laws as described in subsection 10.1. 11. Indemnification. 11.1 Professional Services. In connection with its professional services, the Contractor shall defend, hold harmless and indemnify City, and its elected officials, officers, employees, servants, volunteers, and agents serving as independent contractors in the role of city or agency officials, (collectively, “Indemnitees”), with respect to any and all damages, liabilities, losses, reasonable defense costs or expenses (collectively, “Claims”), including but not limited to liability for death or injury to any person and injury to any property, to the extent the same out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor or any of its officers, employees, subcontractors, Contractors, or agents in the performance of its professional services under this Agreement. Contractor shall reimburse all reasonable defense costs and expenses, including actual attorney’s fees and experts’ costs incurred in connection with such defense. 11.2 Other Indemnities. In connection with all Claims not covered by Section 12.1, the Contractor shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Claims including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the non-professional acts, omissions, activities or operations of Contractor or any of its officers, employees, subcontractors, Contractors, or agents in the performance of this Agreement. Contractor shall defend Indemnitees in any action or actions filed in Page 130 PSA without Professional Liability Insurance (Contractor) Page 7 Last Revised: 11/12/2020 connection with any such Claims with counsel of City’s choice, and shall pay all costs and expenses, including actual attorney’s fees and experts’ costs incurred in connection with such defense. 11.3 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 11.4 Waiver of Right of Subrogation. Except as otherwise expressly provided in this Agreement, Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor. 11.5 Survival. The provisions of this Section 11 shall survive the termination of the Agreement and are in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against Contractor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. 12. Insurance. 12.1 Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Contractor, and/or its agents, representatives, employees and subcontractors. 12.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker’s Compensation insurance as required by the State of California, and Employer’s Liability Insurance. 12.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. Page 131 PSA without Professional Liability Insurance (Contractor) Page 8 Last Revised: 11/12/2020 Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage. (3) Employer’s Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers’ Compensation Insurance in the amount required by law. 12.4 Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. 12.5 Other Insurance Provisions. (1) The commercial general liability and automobile liability policies are to contain the following provisions on a separate additionally insured endorsement naming the City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of city or agency officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; and/or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City or agency officials which are not also limitations applicable to the named insured. (2) For any claims related to this Agreement, Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of city or agency officials. Any insurance or self- insurance maintained by City, their officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of city or agency officials shall be excess of Contractor’s insurance and shall not contribute with it. Page 132 PSA without Professional Liability Insurance (Contractor) Page 9 Last Revised: 11/12/2020 (3) Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. (4) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled except after 30 days prior written notice by first class mail has been given to City (ten (10) days prior written notice for non-payment of premium). Contractor shall provide thirty (30) days written notice to City prior to implementation of a reduction of limits or material change of insurance coverage as specified herein. (5) Each insurance policy, required by this clause shall expressly waive the insurer’s right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city or agency officials. (6) Be issued by an insurance company approved in writing by City, which is admitted and licensed to do business in the State of California and which is rated A:VII or better according to the most recent A.M. Best Co. Rating Guide. (7) Specify that any failure to comply with reporting or other provisions of the required policy, including breaches of warranty, shall not affect the coverage required to be provided. (8) Specify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and attorneys' fees, shall be paid in addition to and shall not deplete any policy limits. (9) Other required insurance, endorsements, or exclusions as required by the City in any request for proposals applicable to this Agreement. 12.6 Evidence of coverage. Prior to commencing performance under this Agreement, the Contractor shall furnish the City with certificates and original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and approved by the City before Contractor commences performance. If performance of this Agreement shall extend beyond one year, Contractor shall provide Page 133 PSA without Professional Liability Insurance (Contractor) Page 10 Last Revised: 11/12/2020 City with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance. 13. Cooperation. In the event any claim or action is brought against City relating to Contractor’s performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation that City might require. City shall compensate Contractor for any litigation support services in an amount to be agreed upon by the parties. 14. Termination. City shall have the right to terminate this Agreement at any time for any or no reason on not less than ten (10) days prior written notice to Contractor. In the event City exercises its right to terminate this Agreement, City shal l pay Contractor for any services satisfactorily rendered prior to the effective date of the termination, provided Contractor is not then in breach of this Agreement. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation. City may terminate for cause following a default remaining uncured more than five (5) business days after service of a notice to cure on the breaching party. Contractor may terminate this Agreement for cause upon giving the City ten (10) business days prior written notice for any of the following: (1) uncured breach by the City of any material term of this Agreement, including but not limited to Payment Terms; (2) material changes in the conditions under which this Agreement was entered into, coupled with the failure of the parties to reach accord on the fees and charges for any Additional Services required because of such changes. 15. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor’s and City’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses set forth in this section, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. All notices shall be addressed as follows: If to City: Wess Garcia, Acting Library Director Rancho Cucamonga Public Library 12505 Cultural Center Dr. Rancho Cucamonga, CA 91739 wess.garcia@cityofrc.us 909-774-3973 If to Contractor: Envisionware, Inc. John C. Dexter, General Manager 3820 Mansell Road, Suite 350 Alpharetta, GA 30022 john.dexter@envisionware.com Page 134 PSA without Professional Liability Insurance (Contractor) Page 11 Last Revised: 11/12/2020 800-216-8370 16. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Contractor shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Contractor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. 17. Assignment and Subcontracting. Contractor shall not assign or transfer any interest in this Agreement or subcontract the performance of any of Contractor’s obligations hereunder without City’s prior written consent. Except as provided herein, any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 18. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. 19. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney’s Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney’s fees and costs of experts. 21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreem ent shall prevail. 22. Applicable Law and Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. Venue for any action relating to this Agreement shall be in the San Bernardino County Superior Court. Page 135 PSA without Professional Liability Insurance (Contractor) Page 12 Last Revised: 11/12/2020 23. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 24. Entire Agreement. This Agreement consists of this document, and any other documents, attachments and/or exhibits referenced herein and attached hereto, each of which is incorporated herein by such reference, and the same represents the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. Contractor Name: Envisionware, Inc. John C. Dexter, General Manager 3820 Mansell Road, Suite 350 Alpharetta, GA 30022 john.dexter@envisionware.com 800-216-8370 By: ______________________________ Name Date ______________________________ Title City of Rancho Cucamonga By:________________________________ Name Date _________________________________ Title By: ______________________________ Name Date ______________________________ Title City of Rancho Cucamonga By:________________________________ Name Date _________________________________ Title (two signatures required if corporation) Approval ____ Buyer II, Purchasing ____ Alternate, Risk Management Coordinator Page 136 PSA without Professional Liability Insurance (Contractor) Page 13 Last Revised: 11/12/2020 EXHIBIT A SCOPE OF SERVICES Page 137 Quotation US-77225 2/8/2023 This information is conﬁdential and proprietary to EnvisionWare, Inc. US-77225 1 Bill To TOTAL Paul A. Biane Library 7368 Archibald Ave Rancho Cucamonga CA 91730 United States $188,042.25 Quote Expires: 5/9/2023 Federal EIN Currency Terms Sales Rep 58-2424595 US Dollar *50%Dep|Bal-30| Services-Accept D'Alessandro, Ted Quotation Title Memo 340D no canopy Page 138 Quotation US-77225 2/8/2023 This information is conﬁdential and proprietary to EnvisionWare, Inc. US-77225 2 Qty Item / Description Ship To Unit Price Amount 1 24L-340D 24-Hour Library™ Main System - 340 Item System Delivers 24/7 library services including check out, return, item renewals, (2) large touch screen displays for program information, OPAC, ebook downloads or other library services, (1) display for branding, (2) Channel Wi- Fi, 340-item shelving capacity, 1,000 item 14-bin sorter for returns Includes: - Heating system - 1D/2D card/smartphone barcode scanner for patron cards and items - RFID and barcode detection for items and patron cards - Router with VPN support - Integrated 2-CH WiFi Access Point - Custom Sign Artwork/Design - Shelving step, supplies - Delivery minimum 12 weeks after conﬁrmation of site plan *! REQUIREMENTS !* - ILS: SIP2 interface with Booksort extensions (Millennium/Sierra requires optional SIP2 sorter API) - Internet Connection - 120V 20A Power for system (+120V 60A service for heater operation in cold climates) - Overhang or canopy NOTE: Installation where an EnvisionWare canopy is NOT used requires written certiﬁcation by Product Management. - Installation and Project Management required and not included - varies by requirements # OPTIONS # - eCommerce Self Service, Terminal, ECS Kiosk Terminal Bracket - Customer Central Management Control Licenses - Canopy (Important: 5 Month lead time from date order is placed) 24HR Library Address $149,900.00 $149,900.00 1 CM Gateway ENVISIONWARE CENTRAL MANAGEMENT GATEWAY is a single license to create a broker service between the CM Clients on your network, your CM Controls, and EnvisionWare Support via the Internet. + Requires opening one port on your ﬁrewall to EnvisionWare's IP address range. $165.00 $165.00 Page 139 Quotation US-77225 2/8/2023 This information is conﬁdential and proprietary to EnvisionWare, Inc. US-77225 3 Qty Item / Description Ship To Unit Price Amount 1 CM Control ENVISIONWARE CENTRAL MANAGEMENT CONTROL LICENSES - For installation on network IT or staff computers. The Control License provides remote connectivity to CM Clients that are on host computers or OneStop stations. Staff can use a control license to remotely interact with patrons and update systems from a central location. $125.00 $125.00 3 CM Client ENVISIONWARE CENTRAL MANAGEMENT CLIENT - Install on OneStop computers or host systems. When a Control license is installed on a staff computer, staff can interact with patrons using self checkout or other computers running the CM Client. Staff can view station screens in stealth or alert mode and update systems. $35.00 $105.00 SUBTOTAL Items SUBTOTAL for Items Above $150,295.00 1 PS Rigging PROFESSIONAL RIGGING SERVICES for Remote Library Products Ofﬂoad, place item and secure in place - Includes oversize forklift, equipment rental and labor team $5,980.00 $5,980.00 60 PS-HR-UM ENVISIONWARE PROFESSIONAL SERVICES - Consulting services at the hourly rate for customers under maintenance. - Quotations provide an estimate - actual time is billed. - The minimum charge is 1 hour. - The minimum for an onsite hourly project is 8 hours per day plus the actual ﬁrst and additional ﬂat fee expense charges. $195.00 $11,700.00 1 PS-EXPFF-U 1st Day ENVISIONWARE PROFESSIONAL SERVICES - FLAT FEE FOR EXPENSES - First of Every Five Days Onsite. No partial days. $1,250.00 $1,250.00 4 PS-EXPFF-U Additional Day ENVISIONWARE PROFESSIONAL SERVICES - FLAT FEE FOR EXPENSES - Additional Days After First. Maximum (4) additional days before an additional First day is required. $400.00 $1,600.00 Page 140 Quotation US-77225 2/8/2023 This information is conﬁdential and proprietary to EnvisionWare, Inc. US-77225 4 Qty Item / Description Ship To Unit Price Amount 1 PS-IC-TRAVEL ENVISIONWARE IMPLEMENTATION TRAVEL TIME – PER TRIP * Flat fee for travel time, per round trip, related to onsite professional services. ++ This price does not include any of the ﬁxed travel costs (Continental US) or billed expenses (Outside USA) items when onsite services are requested. $600.00 $600.00 SUBTOTAL Services SUBTOTAL for EnvisionWare Professional Services $21,130.00 Subtotal $171,425.00 Freight charges are estimated; actual charges will be billed.Discount Send your purchase order or email conﬁrmation to: EMAIL: orders@envisionware.com | FAX: +1 678.382.6501 Freight $5,000.00 Standard terms and conditions apply: http://system.envisionware.com/terms Total Tax $11,617.25 PST-CA Total $188,042.25 Page 141 PSA without Professional Liability Insurance (Contractor) Page 14 Last Revised: 11/12/2020 EXHIBIT B End User License Agreement Page 142 ENVISIONWARE, INC. END USER LICENSE AGREEMENT AND LIMITED WARRANTY (“EULA”) IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS EULA CAREFULLY BEFORE USING THE SOFTWARE. ENVISIONWARE, INC. (“ENVISIONWARE”) IS WILLING TO LICENSE THE SOFTWARE TO YOU AS THE INDIVIDUAL, THE ORGANIZATION, OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE SOFTWARE (REFERRED TO AS “YOU” OR “YOUR”) ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS EULA. UPON AND AS OF THE DATE ENVISIONWARE SENDS AN EMAIL TO YOU (THE “EFFECTIVE DATE”) ISSUING CREDENTIALS TO LOG INTO ENVISIONWARE’S WEBSITE FROM WHERE THE SOFTWARE MAY BE DOWNLOADED, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS EULA, DO NOT ATTEMPT TO DOWNLOAD OR INSTALL THE SOFTWARE, OR, IF INSTALLED, MAKE NO FURTHER USE OF THE SOFTWARE, AND NOTIFY IN WRITING ENVISIONWARE OR THE RESELLER FROM WHOM IT WAS ACQUIRED WITHIN THIRTY (30) DAYS OF PURCHASE, AND THE PURCHASE PRICE WILL BE REFUNDED. 1. License: The software and documentation (collectively the “Software”) are owned by and are the property of EnvisionWare or its licensors and are protected by copyright and other intellectual property laws. Some licensors may be express or intended beneficiaries of this EULA. Subject to all of the terms and conditions of this Agreement, EnvisionWare grants you a limited, non-exclusive, worldwide, non-transferable, non-sublicensable license to use the Software for which you have been issued a Product Key by EnvisionWare or an authorized distributor or reseller, but only in accordance with (i) the documentation, (ii) the restrictions contained herein and any restrictions on the applicable invoice, and (iii) the number of authorized users. Portions of some Software modules are licensed from Artifex Software, Inc. Portions of some modules may contain MySQL connector (under the GNU GPL v2 license at http://www.gnu.org/licenses/gpl- 2.0.html). Portions of some modules may contain the MS access driver, licensed from Microsoft Corporation. Portions of some modules may be licensed under the Microsoft Reciprocal License (MS-RL) http://opensource.org/licenses/ms-rl. Portions of some Software modules are licensed under the Apache License, Version 2.0; you may not use these files except in compliance with the Apache License. The Apache License is available at http://www.apache.org/licenses/LICENSE-2.0. Unless required by applicable law or agreed to in writing, software distributed under the Apache License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the Apache License for the specific language governing permissions and limitations under the Apache License. Portions of some Software modules are licensed under the MIT Expat License. This EULA also incorporates the terms of the Verifone Pass Through Terms of Use and Windcave End User License Agreement attached hereto, as applicable to your purchase. This EULA also governs any future releases, revisions, or enhancements to the Software that EnvisionWare may furnish to you. Your rights and obligations with respect to the use of this Page 143 Software are as follows: A. You may: i. use the Software on the quantity and type of computers indicated on EnvisionWare invoice. You may make that number of copies of the Software licensed to you by EnvisionWare. ii. make one copy of the Software for archival purposes, or copy the Software onto the hard disk of your computer and retain the original for archival purposes; iii. use the Software on a network, provided that you have a licensed copy of the Software for each computer that can access the Software over that network; and, iv. make printed copies of electronic documentation for your internal use. B. You may not: i. transfer, assign, convey, sublicense, rent or lease the Software (or any portion thereof) to another person or entity or unlicensed division, subsidiary, or affiliate (or to anyone other than the entity named as licensee as appearing on the software splash screen), other than to a successor agency, and any transfer in violation hereof shall be of no power or effect; ii. distribute, sell, sublicense, rent, lease or use the Software (or any portion thereof) for time sharing, hosting, service provider or like purposes, except as expressly permitted under this Agreement; iii. reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover, modify or use the source code, underlying ideas, algorithms, file formats or programming interfaces of the Software by any means whatsoever (except and only to the extent that applicable law prohibits or restricts reverse engineering restrictions), or create derivative works from the Software (any such modifications shall automatically be owned by EnvisionWare upon creation); iv. utilize any equipment, device, software, or other means designed to circumvent or remove any form of product key or copy protection used by EnvisionWare in connection with the Software, or use the Software together with any authorization code, product key, serial number, or other copy protection device not supplied by EnvisionWare or through an authorized distributor or reseller; v. use the Software to develop or facilitate development of a product which is competitive with any EnvisionWare product offerings; vi. post or otherwise publish electronic documentation of the Software for access outside the licensed organization; vii. use a previous version or copy of the Software after you have installed a replacement set or an upgraded version and, upon upgrading the Software, all copies of the prior version must be uninstalled or rendered unusable; viii. use a later version of the Software than is provided in the email with the login credentials except as provided under the Software Product Warranty, unless you have purchased maintenance and update service or have otherwise separately acquired the right to use such later version; Page 144 ix. remove any product identification, proprietary, copyright or other notices contained in the Software; x. provide any product key or login information to a third party; or xi. use the Software or product keys in any manner not expressly authorized by this EULA. 2. Thirty Day Money Back Guarantee: If you are the original licensee of the Software and are dissatisfied with it for any reason, and if at any time during the thirty (30) day period following the Effective Date you email EnvisionWare confirming your complete removal and deletion of the complete product and provide a signed statement to EnvisionWare attesting to removal of all software components, then EnvisionWare will provide a full refund, subject to the provisions of the Hardware Return Policy below. Notwithstanding the foregoing sentence, in the event sufficient funds for the performance of this Agreement are not appropriated by you in any fiscal year covered by this Agreement, you may terminate this Agreement by providing thirty (30) days’ prior written notice, provided that you shall pay all amounts owed up to the effective date of such termination and EnvisionWare shall be reimbursed any resulting unamortized, reasonably incurred, nonrecurring costs. EnvisionWare will not be reimbursed any costs amortized beyond the initial term of the Agreement. 3. Hardware Return Policy: Custom printed RFID tags, manufactured, built-to-order or custom-configured Hardware as designated on a Quotation, such as but not limited to, kiosks or sorters, may not be returned or canceled for any reason. Custom items include any item listed in an EnvisionWare quotation, product description or order form as being a custom item, or any item which is modified by EnvisionWare after installation. Standard Hardware products may be accepted for return within ninety (90) days of the date of invoice subject to advance, written approval expressed in the form of an EnvisionWare Return Merchandise Authorization (“RMA”). EnvisionWare, at its sole discretion, may grant the right to return standard Hardware products during this return period. Any such returns are subject to a 20% restocking fee unless EnvisionWare determines that the cause of the return is a result of an error on the part of EnvisionWare, in which case EnvisionWare may waive all or part of the restocking fee. No Hardware product will be accepted for return for ANY reason without a Return Merchandise Authorization issued by EnvisionWare. The RMA number must be clearly displayed on any packaging shipped to EnvisionWare. Products returned without an RMA number on the package will be refused. Any return for any reason, whether for an authorized RMA or for warranty support must be shipped to EnvisionWare freight prepaid. Equipment serviced under warranty will be returned freight prepaid. 4. Limited Warranty; Disclaimer: A. Software Product Warranty: EnvisionWare warrants that the Software as distributed operate in substantial conformity with the documentation (the “Software Product Warranty”) for a period of one (1) year from the delivery of the Software to you (the “Software Warranty Period”). This is the sole warranty EnvisionWare provides for all Software supplied by EnvisionWare, unless specifically stated otherwise in EnvisionWare’s quotation. EnvisionWare does not warrant that your use of the Software will be uninterrupted or error- free. EnvisionWare’s sole liability (and your sole remedy) in the event of a breach of this Product Warranty will be that EnvisionWare will, in EnvisionWare’s sole discretion, Page 145 (A) use commercially reasonable efforts to provide you with an error correction or a work- around which corrects the reported non-conformity or (B) if EnvisionWare determines such remedies to be impracticable within a reasonable period of time, refund the money you paid for the Software being returned. EnvisionWare does not warrant that the Software will meet your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free. EnvisionWare provides Software product support through the reseller from whom you purchased the Software or directly from EnvisionWare for a period of twelve (12) months from date of delivery of the Software. B. Hardware Product Warranty: EnvisionWare warrants that EnvisionWare-branded hardware as distributed will be free from material defects (the “Hardware Product Warranty”) for a period of one (1) year from the date of delivery of the EnvisionWare-brand hardware to you (the “Hardware Warranty Period”). Other Hardware components supplied to you by EnvisionWare that are not manufactured or branded by EnvisionWare are covered by the warranties provided by the product manufacturer. EnvisionWare shall have no obligation with respect to a warranty claim unless notified of such claim within the applicable Software or Hardware Warranty Period. The term “delivery” in this Section 4 means, with respect to Software, the date of invoice, and, with respect to Hardware, “delivery” means the date that the Hardware is delivered to your facility. C. Exclusions: The above warranties shall not apply: (i) to the extent of issues or problems if the Software or Hardware is used with hardware or software not specified in the documentation; (ii) if any modifications are made to the Software or Hardware by you or any third party; (iii) to defects in the Software or Hardware that are due to accident, abuse or improper use by you or your contractors; or (iv) to any evaluation version or other Software or Hardware provided on a no-charge or evaluation basis. Any replacement Software or Hardware will be warranted for the remainder of the original applicable Software Warranty Period or Hardware Warranty Period. D. Professional Services Warranty. For any Professional Services provided pursuant to Section 13 below, EnvisionWare warrants that the services will be performed in a workmanlike manner, and that if any Professional Services are not so performed and if you notify EnvisionWare in writing within thirty (30) days after the provision of the particular Professional Service that the services are not performed properly, EnvisionWare will re- perform such services at no charge to you (the “Professional Services Warranty”). Your sole and exclusive remedy of any breach of this Professional Services Warranty is for EnvisionWare to re-perform such services. E. THE ABOVE SOFTWARE PRODUCT WARRANTY AND HARDWARE PRODUCT WARRANTY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, ALL OF WHICH ARE SPECIFICALLY DISCLAIMED. THE SOFTWARE PRODUCT WARRANTY AND THE HARDWARE PRODUCT WARRANTY GIVE YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY. F. EnvisionWare uses virus protection scanning software to scan the Software prior to Page 146 installation and to the best of EnvisionWare’s knowledge as of the installation date, the Software, when installed, does not contain or otherwise introduce any computer virus or any harmful or destructive code which could damage or harm your computers; however, EnvisionWare cannot guarantee that benign or harmful viruses or other malware will not enter your computers or systems. 5. Personal Information: A. In the event that your (or your users’) use of the Software currently or in the future involves the transmitting, uploading, downloading, storage, management, manipulation or other use of personal information (as defined by the Gramm-Leach-Bliley Act, Payment Card Industry Security Standards Council or other applicable standards or rules relating to electronic transaction processing and personal information, such information referred to herein as “Personal Information”), you agree to the following provisions: i. You shall maintain as confidential any Personal Information. ii. You covenant that you have, as of the Installation Date become and currently are PCI and HIPAA (as applicable) compliant and shall maintain compliance and/or certification under the PCI (Payment Card Industry), PCI-DSS, HIPAA and other relevant and applicable standards relating to electronic transaction processing and personal healthcare information existing as of the Effective Date and as promulgated thereafter. iii. If you are de-certified, have your compliance proof expire or are threatened with de- certification, you shall notify EnvisionWare in writing within ten (10) days of such de- certification or threat thereof. B. EnvisionWare shall use commercially reasonable technical, organizational, and administrative data security measures designed to maintain the security and confidentiality of your Personal Information entered into the Software, but EnvisionWare is not liable for the confidentiality of any Personal Information in the event of unauthorized access, theft or use of such Personal Information, either by you, your users, or by third parties who access such Personal Information through your systems or unauthorized use of your login credentials, other than to the extent due to the negligence of EnvisionWare or its representatives, agents, or contractors, in breach of EnvisionWare’s obligations under this Agreement. C. EnvisionWare acknowledges that you may be required to periodically demonstrate to third parties your compliance and that of your applicable vendors with the PCI-DSS standards (Payment Card Industry Data Security Standard) of all the system components used to process, store or transmit “PCI cardholder data” (as that term is defined by PCI-DSS), and any other component that resides on the same network segment that those system components, hereafter known as “System Components in Scope.” Some of those system components and/or processes have been outsourced to EnvisionWare’s service providers (e.g., Verifone, Windcave, Chase E-xact, SecurePay, or the like) (“Service Providers”). Those portions of the system hardware and software developed by EnvisionWare are out of scope for PCI compliance since no PCI cardholder data passes through any EnvisionWare-developed component. Accordingly, EnvisionWare is not required to be PCI compliant. All System Components in Scope are provided by Service Providers. Service Providers will achieve and maintain PCI DSS compliance against the current version of PCI DSS published on the PCI SSC (PCI Security Standards Council) website. EnvisionWare’s Page 147 Service Providers with System Components in Scope have represented to EnvisionWare that they are compliant. As evidence of compliance, Service Providers will provide, when requested, a current attestation of compliance (“AOC”) signed by a PCI QSA (Qualified Security Assessor). AOCs are available for download from EnvisionWare's Customer Center on EnvisionWare’s website at http://support.envisionware.com. Service Providers have represented to EnvisionWare that they will create and maintain reasonably detailed, complete and accurate documentation describing the systems, processes, network segments, security controls, and dataflow used to receive, transmit, store and secure Customer’s PCI cardholder data. Such documentation will conform to the most current version of PCI DSS. Service Providers have represented to EnvisionWare that they will, upon written request by you, make such documentation and the individuals responsible for implementing, maintaining and monitoring those system components and processes available to: a) QSAs, forensic investigators, consultants or attorneys retained by you to facilitate audit and review of your PCI-DSS compliance and b) your IT Audit Staff. EnvisionWare maintains protective coverage for PCI breach protection in the United States in the amount of $100,000.00 per breach incident (not per individual affected), which will cover the costs of responding to a breach or a suspected breach caused by the eCommerce system. D. The obligations of the parties under this Section 5 shall survive any expiration or termination of this EULA. 6. Data: A. CUSTOMER DATA. In connection with the Software and any related hardware or services provided by EnvisionWare, EnvisionWare may collect and maintain data and information provided by you, your patrons and users (collectively, “Customer Data”). As between EnvisionWare and you, all Customer Data shall be and remain owned by you and be your property. EnvisionWare shall maintain the aspects of all Customer Data that identify an individual as confidential. All third parties authorized by EnvisionWare which may have access to the Customer Data shall be under obligations of confidentiality to maintain the Customer Data as confidential. B. USE OF CUSTOMER DATA. EnvisionWare shall have the right to use Customer Data in connection with EnvisionWare’s business, provided that such data shall be Anonymized or aggregated such that Personal Information has been de-identified so that one could not link anonymized information back to a specific individual (“Anonymized Data”). “Anonymize” means to either (1) irreversibly process Personal Information in such a way that the data can no longer be attributed to a specific individual, or (2) to process such information in such a way that the data can no longer be attributed to a specific individual without the use of additional information, and where such additional information is kept separate and under adequate security to prevent unauthorized re-identification of a specific individual. All such Anonymized Data shall be the sole property of EnvisionWare. EnvisionWare may use, disseminate, share, or transfer the Anonymized Data or any portion thereof in any way EnvisionWare chooses. C. ENVISIONWARE DATA. EnvisionWare may also collect data and information in connection with the service that EnvisionWare provides generally (but not including Customer Data) through its services (“EnvisionWare Data”). You acknowledge and consent that the Software may communicate (e.g., via an outbound or inbound call using SSL) with Page 148 EnvisionWare’s servers (which may be hosted by a third-party service provider) and support personnel, or vice versa, to communicate diagnostic, event logs, support, licensing, compliance, and other information (which is included in the definition of EnvisionWare Data). Some communication may be done automatically by the Software without your needing to be involved, other communication may be at your initiation (e.g., uploading logs) or initiated by EnvisionWare. All such EnvisionWare Data shall be the sole property of EnvisionWare. 7. Confidential Information: Each party agrees that all code, inventions, know-how, business, technical and financial information it obtains (“Receiving Party”) from the disclosing party (“Disclosing Party”) constitute the confidential property of the Disclosing Party (“Confidential Information”), provided that it is identified as confidential at the time of disclosure or should be reasonably known by the Receiving Party to be Confidential Information due to the nature of the information disclosed and the circumstances surrounding the disclosure. Any software, documentation or technical information provided by EnvisionWare (or its agents), performance information relating to the Software, and the terms of this Agreement shall be deemed Confidential Information of EnvisionWare without any marking or further designation except as such disclosure is required by FOIA requirements. Except as expressly authorized herein, the Receiving Party will hold in confidence and not use or disclose any Confidential Information. The Receiving Party’s nondisclosure obligation shall not apply to information which the Receiving Party can document: (a) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (b) is or has become public knowledge through no fault of the Receiving Party; (c) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; (d) is independently developed by employees of the Receiving Party who had no access to such information; or (e) is required to be disclosed pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party). The Receiving Party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the Receiving Party the Disclosing Party shall be entitled to appropriate equitable relief in addition to whatever other remedies it might have at law. The obligations under this Section 7 shall, with respect to Confidential Information, continue for a period of two (2) years after disclosure and, with respect to any information considered by and treated as a trade secret by the Disclosing Party, continue until the trade secret status has been lost. 8. Indemnification: A. Infringement. Subject to your compliance with the terms of this EULA, EnvisionWare shall indemnify and hold harmless you and your officers, directors, employees and agents from and against all third party actions, suits, proceedings, claims, losses, liabilities, damages, and expenses (including attorneys’ and experts’ fees and sums reasonably expended in investigation and settlement of litigation, pending or threatened), to the extent such claim alleges that the Software (in each case as provided by EnvisionWare) infringes any copyright, U.S. patent right, trade secret right, or other intellectual property right provided, however, that you must comply with the following terms: EnvisionWare must have received from you: (i) prompt written notice of such claim (but in any event notice in sufficient time for EnvisionWare to respond without prejudice); (ii) the exclusive right to control and direct the investigation, defense, and settlement (if applicable) of such claim; and (iii) all reasonable Page 149 necessary cooperation by you. In the event that the Software is, or in EnvisionWare’s sole opinion is likely to be, enjoined or subject to a claim due to the type of infringement described in this Section 8, EnvisionWare, at its option and expense, may (a) replace the Software with functionally equivalent non-infringing Software or (b) obtain a license for your continued use of the Software, or, if the foregoing alternatives are not reasonably available to EnvisionWare (c) terminate this EULA and refund a pro rata amount, as determined by EnvisionWare, of the purchase price of the Software and Hardware. Notwithstanding the above, EnvisionWare shall have no liability for any infringement claim which: (i) pertains to any Software that has been altered or modified without EnvisionWare’s prior written approval; (ii) is based on use of the Software in conjunction with any item not provided by EnvisionWare, unless such use is shown to constitute the infringement when not used in conjunction with the item not provided by EnvisionWare; (iii) pertains to any unauthorized use of the Software; (iv) pertains to an unsupported release of the Software; or, (v) pertains to any Open Source Software or other third party code provided with the Software. THIS SECTION 8 SETS FORTH ENVISIONWARE’S SOLE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIM OF INTELLECTUAL PROPERTY INFRINGEMENT. B. EnvisionWare shall indemnify, defend and hold you harmless from any losses (including, but not limited to, damage awards, reasonable attorneys’ fees and costs, cost of notification, remediation, and penalties) you incur due to any third party claim or action directly resulting from any Data Breach of your (or your patrons’) Personal Information to the extent that such losses are due to the direct act or omission of EnvisionWare or its representatives, agents, or contractors. This Section 8B shall apply only for so long as you are under a written annual support agreement with EnvisionWare (for which you have fully paid) for the Software and applies only to the Software covered by such support agreement. Furthermore, if you allow such support agreement to expire and subsequently purchase a support agreement, the obligations under Section 8B shall not apply to any third party claims arising from or during the period for which no support agreement was active. 9. Limitation of Liability: SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE LIMITATION OR EXCLUSION BELOW MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL ENVISIONWARE OR ITS LICENSORS BE LIABLE TO YOU FOR ANY LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS (OTHER THAN THOSE CONTAINED IN THE SOFTWARE), INTERRUPTION OF BUSINESS OR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR HARDWARE, EVEN IF ENVISIONWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL ENVISIONWARE’S OR ITS LICENSORS’ TOTAL LIABILITY (A) FOR ANY SOFTWARE AND HARDWARE PRODUCTS COVERED UNDER THIS EULA, EXCEED TWO (2) TIMES THE PURCHASE PRICE FOR THE SOFTWARE AND HARDWARE OR (B) FOR ANY SERVICES, EXCEED TWO (2) TIMES THE FEES PAID Page 150 BY YOU FOR THE SERVICES (EXCLUDING MAINTENANCE AND SUPPORT SERVICES) WHICH DIRECTLY CAUSED THE DAMAGES ALLEGED. The disclaimers and limitations set forth above in this Section 9 will apply regardless of whether you accept the Software or Hardware or Professional Services. The parties agree that the limitations specified in this Section 9 will survive any expiration or termination of this EULA and apply even if any limited remedy specified in this EULA is found to have failed of its essential purpose. 10. U.S. Government Restricted Rights: RESTRICTED RIGHTS LEGEND. All EnvisionWare Software and documentation are commercial in nature. The Software and documentation are “Commercial Items”, as that term is defined in 48 C.F.R. section 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are defined in 48 C.F.R. section 252.227-7014(a)(5) and 48 C.F.R. section 252.227-7014(a)(1), and used in 48 C.F.R. section 12.212 and 48 C.F.R. section 227.7202, as applicable. Consistent with 48 C.F.R. section 12.212, 48 C.F.R. section 252.227- 7015, 48 C.F.R. section 27.7202 through 227.7202-4, 48 C.F.R. section 52.227-14, and other relevant sections of the Code of Federal Regulations, as applicable. EnvisionWare’s computer Software and software documentation are licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in this EULA. The manufacturer is EnvisionWare, Inc., 1960 Satellite Blvd., Suite 4100, Duluth, GA 30097-4127 USA. 11. Export Compliance: You acknowledge that the Software is subject to export restrictions by the United States government and import restrictions by certain foreign governments. You shall not, and shall not allow any third-party hired or under contract by you, to, remove or export from the United States or allow the export or re-export of any part of the Software or any direct product thereof: (i) into (or to a national or resident of) any embargoed or terrorist- supporting country; (ii) to anyone on the U.S. Commerce Department’s Table of Denial Orders or U.S. Treasury Department’s list of Specially Designated Nationals; (iii) to any country to which such export or re-export is restricted or prohibited, or as to which the United States government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval; or (iv) otherwise in violation of any export or import restrictions, laws or regulations of any United States or foreign agency or authority. 12. Third-Party Code: The Software may contain or be provided with components subject to the terms and conditions of "open source" or freeware software licenses ("Open-Source Software"). Licenses for open source are identified in Section 1. To the extent required by the license that accompanies the Open-Source Software, the terms of such license will apply in lieu of the terms of this EULA with respect to such Open Source Software, including, without limitation, any provisions governing access to source code, modification or reverse engineering. 13. Professional Services: Upon request and agreement between the parties, EnvisionWare may provide consulting, training, installation, development, customization, report creation or other services (“Professional Services”). You may order Professional Services under a Statement of Work (“SOW”) describing the work to be performed, fees and any applicable Page 151 milestones, dependencies and other technical specifications or related information. Each SOW must be signed by both parties before EnvisionWare shall commence work under such SOW. If the parties do not execute a separate SOW, the Services shall be provided as stated on the invoice. You will reimburse EnvisionWare for reasonable travel and lodging expenses as incurred. EnvisionWare shall be deemed the sole owner of any work product created and deliverables (including any documentation, code, Software, training materials or other work product) (collectively referred to as the “Deliverables”) delivered pursuant to the Professional Services, whether created solely by EnvisionWare or jointly with you or your contractors. Subject to your full payment of any and all fees pursuant to the applicable SOW, EnvisionWare grants to you the limited, nontransferable right to use any Deliverables delivered as part of the Professional Services solely in connection with your permitted use of the Software, subject to all the same terms and conditions as apply to your Software license (including the restrictions set forth in Section 1B), and subject to any additional terms and conditions provided with the Deliverables. EnvisionWare provides the Professional Services Warranty as stated in Section 4D above. 14. General: This EULA is the entire agreement between you and EnvisionWare relating to the license and use of the Software and Hardware, and relating to the Professional Services. This EULA supersedes all prior EnvisionWare end user license agreements for the Software and for any Professional Services. EnvisionWare may terminate this EULA upon your breach of any term contained herein. Upon termination, you shall cease use of, uninstall or render inoperable, and delete destroy all copies of the Software. The disclaimers of warranties and damages and limitations on liability shall survive termination. No provision of any purchase order or other business form employed by you will supersede the terms and conditions of this EULA, and any such document relating to this EULA shall be for administrative purposes only and shall have no legal effect. The parties to this EULA are independent contractors with respect to one another. There is no relationship of partnership, joint venture, employment, franchise or agency created hereby between the parties. Neither party will have the power to bind the other or incur obligations on the other party’s behalf without the other party’s prior written consent. This document may not be changed. In the event of any conflict with local law, the sole method for changes to EULA language are the incorporation of overriding text in an Agreement or a separate EULA Amendment. 15. Governing Law; Jurisdiction and Venue: This Agreement shall be governed by the laws of the State of Georgia and the United States without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods or the Uniform Computer Information Transactions Act, as currently enacted by any jurisdiction or as may be codified or amended from time to time by any jurisdiction. 16. Software Escrow: At your request, EnvisionWare is willing to set up and maintain the Software with EnvisionWare’s independent U.S. escrow agent and make ongoing escrow deposits for significant updates. You would be responsible for additional fees for this service. Please contact EnvisionWare to for more information and pricing. 17. Insurance: EnvisionWare will, upon your request, provide you with a certificate of insurance showing that it carries or has in force each of the following types of insurance: general liability--$1,000,000 per occurrence and $1,000,000 general aggregate; professional liability--$1,000,000 per occurrence or claim and $1,000,000 aggregate; and cyber (aka electronic e/o)--$1,000,000 per occurrence or claim and $1,000,000 aggregate. If Page 152 EnvisionWare does on-site installation or training, it will carry workers' compensation insurance that provides statutorily required workers' compensation coverage and employers' liability insurance with limits of $500,000 per accident, $500,000 disease - each employee, $500,000 disease - policy limit. EnvisionWare's insurance is primary. EnvisionWare is responsible for the payment of any deductibles or self-insured retentions. You will receive thirty (30) days' notice of cancellation. 18. Purchase in Australia: If you purchase Software, Hardware, or services from EnvisionWare Pty Ltd or its partners, the laws of South Australia, Australia govern all warranty and service claims. EnvisionWare Pty Ltd is authorized to convey and effect all of the rights expressed in this EULA for its direct and indirect customers. 19. Contact Us: Should you have any questions concerning this EULA, or if you desire to contact EnvisionWare for any reason, please email info@envisionware.com or write to: EnvisionWare, Inc., 1960 Satellite Blvd., Suite 4100, Duluth, GA 30097-4127 USA, unless you purchase from an Asia Pacific country in which case, please write EnvisionWare Pty Ltd, 258 Payneham Road, Payneham, SA 5070 Australia. Revised Jan 2022 © 2002-2022 EnvisionWare, Inc. All Rights Reserved. PASS THROUGH EULAs FOR PCI-RELATED PRODUCTS The Verifone EULA applies to customers located in the United States that use EnvisionWare Products supporting credit card payment. The Windcave EULA is appliable to customers that use EnvisionWare Products supporting credit card payment located in Australia, Canada, Ireland, New Zealand and other countries where Windcave terminal and web services are applicable using Windcave gateways and/or terminals. EnvisionWare has no ability to modify these EULAs that are provided by Verifone and Windcave respectively. VERIFONE PAYMENT GATEWAY TERMS OF USE Solely for the purposes of the following Verifone Terms of Use, the following terms shall have their associated meanings. “Agreement” means the Verifone Terms of Use. “BPP” means Verifone’s Buyer Protection Program. “Covered Territory” means your location(s). “Customer Agreement” means the EULA. “Payment Gateway” means Verifone’s transaction gateway portal which provides transaction routing, online reporting and other tools made available by the portal. “Point Solution” and “Rental Devices” mean the Point Solution hardware and Software manufactured or provided by Verifone and offered by EnvisionWare under the EULA. “Reseller” means EnvisionWare. “Software” means the software accompanying the Point Solutions Rental Devices. “Verifone” means VeriFone, Inc. VERIFONE PASS THROUGH TERMS OF USE 1. The following are Verifone’s Pass Through Terms of Use for its Point Solution Rental Device hardware and Software. 2. Each Verifone payment device used with the Point Solution is subject to an initial service term of 36 months (the “Initial Service Term”). Subject to the terms of the Customer Agreement, with respect to a particular Verifone payment device, Verifone shall provide the Page 153 Point Solution to customer for a service term commencing (A) for Rental Devices (or any other payment devices shipped directly by Verifone), on the date such devices are shipped by Verifone, or (B) for any other payment devices, on the date on which such device is activated on the Payment Gateway, and in any case ending on the earliest of (1) the date on which Reseller removes such device from the Payment Gateway, (2) upon Verifone’s ceasing to provide the Point Solution for a payment device, which Verifone shall have the right to do on thirty days’ notice to customer following the Initial Service Term for such device, and (3) termination of customer’s right to use the Point Solution by Reseller due to breach by customer of the Customer Agreement (the “Service Term”). In addition, in the event Verifone’s separate agreement with Reseller terminates or Verifone ceases to offer the Point Solution to its customers generally, Verifone reserves the right to terminate the Service Terms for any or all Verifone payment devices. Upon the termination of the Service Term for a particular Verifone payment device, customer shall cease using the Point Solution for such payment device. In the event that a customer desires to end the Service Term for a payment device, the customer must request that Reseller remove the applicable device from the Payment Gateway on its behalf; Verifone will not be responsible for removing a payment device from the Payment Gateway provided that, notwithstanding customer’s earlier request, the Service Term will end on the day Reseller actually removes the device from the Payment Gateway. 3. Subject to the terms of this Agreement and customer’s payment of the applicable fees, Verifone hereby grants to customer a limited, non-exclusive, non-transferable, non-sub- licensable right and license, in the Covered Territory during the Service Term for each payment device, to access and use the Point Solution subscribed to hereunder solely for customer’s internal business purposes. Notwithstanding the foregoing, Reseller will be responsible for managing and monitoring customer’s payment devices on customer’s behalf, including with respect to the installation of payment applications and key loading, and customer will not be able to directly manage or monitor its payment devices via the Payment Gateway portal. Verifone may modify the Point Solution from time to time in its reasonable discretion, provided that such modifications shall not materially diminish the functionality thereof. If Reseller fails to pay Verifone for services rendered in accordance with its agreement with Verifone, Verifone reserves the right to withhold customer’s access to the Point Solution until such fees are paid in full, and Verifone shall not have any liability to customer for any amounts paid to Reseller and not received by Verifone for such services. 4. Customer shall have no right to market, distribute, sell, assign, pledge, sublicense, lease, deliver or otherwise transfer the Point Solution, or any component thereof, including without limitation the Software, to any third party. Customer shall not reverse engineer, decompile, disassemble, translate, modify, alter or create any derivative works based upon the Software, or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the Software, without the prior express written consent of Verifone. Customer shall not remove from the Rental Devices or the Software, or alter, any of trademarks, trade names, logos, patent or copyright notices, or other notices or markings, or add any other notices or markings to the Rental Devices or the Software, without the prior express written consent of Verifone. 5. Customer acknowledges that the Point Solution (including any related documentation) and any intellectual property rights relating to or residing therein (including any patents, copyrights, trade secrets, trademarks, trade names or mask work rights), including the Page 154 proprietary electronics, software and technical information of Verifone therein, are proprietary products of Verifone and that ownership of such shall remain with and inure to Verifone. Except for the license rights set forth in this clause 5, customer shall have no right, title or interest therein. 6. Customer grants VeriFone a limited, non-exclusive and irrevocable license during and after the term of this Agreement to follow customer’s activity inside of the Point Solution components and to use, share, and disseminate data from customer’s activity (including its transactions) on an aggregate and anonymous basis only (such data, “Derived Data”), including for purposes of data analytics and optimizing or otherwise enhancing its products and services. VeriFone will comply with all applicable laws with respect to any use, sharing and dissemination of Derived Data. This clause 6 shall survive any expiration or termination of this Agreement. 7. VERIFONE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE POINT SOLUTION, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. VERIFONE DOES NOT WARRANT THAT THE POINT SOLUTION, OR ANY COMPONENT THEREOF, WILL MEET THE REQUIREMENTS OF CUSTOMER OR THAT THE OPERATION OF THE POINT SOLUTION, OR ANY COMPONENT THEREOF, WILL BE UNINTERRUPTED OR ENTIRELY ERROR FREE. CUSTOMER ACKNOWLEDGES THAT UNDER NO CIRCUMSTANCES DOES VERIFONE REPRESENT OR WARRANT THAT ALL ERRORS IN ANY SOFTWARE CAN BE REMEDIED. NO ADVICE OR INFORMATION OBTAINED BY CUSTOMER FROM VERIFONE OR FROM ANY OTHER THIRD PARTY ABOUT THE POINT SOLUTION SHALL CREATE ANY WARRANTY. 8. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THE CUSTOMER AGREEMENT: EXCEPT TO THE EXTENT PROHIBITED BY LAW: (A) VERIFONE SHALL HAVE NO LIABILITY TO CUSTOMER OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF BUSINESS, LOSS OF PROFITS OR REVENUE, GOODWILL OR SAVINGS, DOWNTIME, OR DAMAGE TO, LOSS OF OR REPLACEMENT OF DATA OR TRANSACTIONS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES) RELATING IN ANY MANNER TO THE POINT SOLUTION (WHETHER ARISING FROM CLAIMS BASED IN WARRANTY, CONTRACT, TORT OR OTHERWISE), EVEN IF VERIFONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGE; (B) IN ANY CASE, VERIFONE’S ENTIRE LIABILITY RELATING IN ANY MANNER TO THIS AGREEMENT OR THE POINT SOLUTION, REGARDLESS OF THE FORM OR NATURE OF THE CLAIM, SHALL BE LIMITED IN THE AGGREGATE TO THE FEES ACTUALLY RECEIVED BY VERIFONE FROM RESELLER FOR CUSTOMER FOR THE POINT SOLUTION UNDER THE CUSTOMER AGREEMENT DURING THE SIX (6) MONTHS PRIOR TO THE CLAIM ARISING; AND (C) VERIFONE SHALL NOT BE LIABLE FOR ANY CLAIMS OF THIRD PARTIES RELATING TO THE POINT Page 155 SOLUTION. THE LIMITATIONS ON VERIFONE’S LIABILITY SET FORTH IN CLAUSES “(B)” AND “(C)” OF THIS SECTION SHALL NOT APPLY TO LIABILITY FOR DEATH, PERSONAL INJURY OF A PHYSICAL NATURE OR DAMAGE TO TANGIBLE PROPERTY CAUSED BY VERIFONE’S NEGLIGENCE OR INTENTIONAL MISCONDUCT. THE LIMITATIONS CONTAINED IN CLAUSE 7 ABOVE AND THIS CLAUSE 8 ARE A FUNDAMENTAL PART OF THE BASIS OF VERIFONE’S BARGAIN HEREUNDER, AND VERIFONE WOULD NOT PROVIDE THE POINT SOLUTION TO CUSTOMER ABSENT SUCH LIMITATIONS 9. Customer shall comply with all applicable laws, rules, and regulations in connection with this Agreement, including, but not limited to, export control laws and anti-corruption and anti- bribery laws, rules, and regulations. Customer agrees that if Verifone reasonably believes that customer is in breach of this clause 9, that alone shall be sufficient grounds for further action by Verifone, including, without limitation, cancellation of any orders or denial of future business, without any liability or obligation to customer. In addition, customer hereby indemnifies Verifone and its affiliates, directors, officers and employees for all costs, expenses, damages, claims, charges, penalties, fines and other losses that arise in connection with any breach by customer or customer subsidiaries, owners, officers, directors, employees, partners, subcontractors, agents and representatives of the terms and conditions contained in this clause 9. 10. VERIFONE SHALL BE A THIRD-PARTY BENEFICIARY OF THIS AGREEMENT, WITH THE RIGHT TO ENFORCE THE TERMS HEREOF AGAINST CUSTOMER WITH RESPECT TO THE POINT SOLUTION. 11. In the case of any customer agreements that include Rental Devices: A. Verifone Property. The Rental Devices shall remain the property of Verifone. Customer shall have no right, title or interest therein except as a lessee under this Agreement. Customer shall keep all Rental Devices free and clear from all liens, including any direct or indirect charge, encumbrance, lien, security interest, legal process or claim against the Rental Devices. Customer may not assign, hypothecate, sublet, sell, transfer, permit the sale of or part with possession of all or any of the Rental Devices or interest in the Customer Agreement, without Verifone’s prior written consent. If customer fails to pay any undisputed fees when due, and fails to cure such failure within ten (10) business days of written notice thereof, Verifone may, at any time thereafter enter, with or without legal process, any premises where any Rental Device may be, and repossess and remove such Rental Device. Customer hereby waives any claim of trespass or right of action for damages by reason of such entry and repossession. In addition, customer shall pay to Verifone any actual additional expenses incurred by Verifone in collection efforts. B. Upgrades. Customer may, commencing on the one year anniversary of the start of the Service Term for a Rental Device, upgrade to a different Rental Device (in which event customer may be subject to an increase in fees based on the new Rental Device subscription fee). For such upgrades, customer shall be required to commit to a new Initial Service Term for such Rental Device and shall be required to return the old Rental Device in accordance with clause (d) below. C. Loss and Damage. Subject to Verifone’s obligation to provide the Services, customer assumes and shall bear the entire risk of loss or damage to the Rental Devices from any use Page 156 whatsoever from the date of delivery of the Rental Devices to the customer site, until such Rental Devices are returned to Verifone. No loss or damage shall relieve customer from the obligation to make payments hereunder or to comply with any other obligation under the Customer Agreement. In the event of a loss of a Rental Device (but not damage), customer shall immediately notify Reseller thereof. With respect to any lost Rental Device, customer shall be obligated to pay Reseller the Non-Return Fee applicable to such Rental Device. Subject to Verifone’s receipt of such Non-Return Fee from Reseller, Verifone shall ship customer a new or refurbished replacement Rental Device. At all times payments for the Point Solution for such Rental Device shall continue in effect. D. Return at End of Service Term. At the end of the Service Term for a Rental Device, customer shall return such Rental Device to Reseller or Verifone, as directed by Reseller. When returning a Rental Device to Verifone a Material Return Authorization number is required. If a Rental Device is not returned to Verifone within thirty (30) days of the end of its Service Term, customer shall be obligated to pay Reseller the Non-Return Fee for such Rental Device. If, upon return of the Rental Device, Verifone determines that the Rental Device requires repair that is not covered by the BPP or Repair Services (e.g., “Out of Scope” or “Limitations”), customer shall be required to pay Reseller for such services at Verifone’s standard fees. Page 157 WINDCAVE, INC. END USER LICENSE AGREEMENT (EULA) Windcave was formerly known as Payment Express (PX). This WINDCAVE END USER LICENSE AGREEMENT (this “Agreement”) is made as of the Effective Date (the date Customer signs this Agreement), by and between WINDCAVE INC., a California corporation (“PX”), and the party set forth on the signature page hereto (“Customer”). 1. Definitions and Interpretation 1.1 Definitions: In this Agreement, unless the context indicates otherwise: “Acquirer “ means a bank or any financial institution or a card issuer of financial or non- financial transactions which receives and transmits Transactions via Windcave; “Agreement “ means this Agreement, and any attachments that may be agreed between the parties, as each may be amended in writing from time to time; “Business Day “ means any day of the week except Saturday, Sunday or a day on which banks are authorized or required to be closed in California; “Chargeback “ means the procedure by which a sales record or other indicia of a card transaction (or disputed portion thereof) is denied or returned to Bank or the card issuer after it was entered into the appropriate settlement network for payment, in accordance with the rules of Visa, MasterCard or a similar card association (“Rules”), for failing to comply with the Rules, including, without limitation by reason of cardholder disputes, the liability for which is Customer’s responsibility and Customer agrees to pay. “Confidential Information “ means, in relation to either party, any information: a) relating to the terms of this Agreement; b) relating directly or indirectly to research or development by, accounting for, or the marketing of, the business of that party or its suppliers or customers; c) disclosed by that party to the other party on the express basis that such information is confidential; or d) which might reasonably be expected by the other party to be confidential in nature; “Customer “ means the customer specified on the first page of this Agreement and where applicable includes its employees, contractors and agents. “Documentation “ means any user, training or system manuals for Windcave (whether in printed or electronic form) which describes and provides guidance on the use of Windcave (or any aspect of Windcave); “Goods “ means electronic devices produced by PX or sold by PX to Customer, Reseller, or a third party; “Intellectual Property “ means registered and unregistered trade marks (including logos and trade files), domain names, copyright, patents, petty patents, utility models, registered and unregistered designs, circuit layouts, rights in computer software, databases and lists, Confidential Information, software (whether in object code or source code), and all other rights anywhere in the world resulting from intellectual activity; “Windcave “ means the Windcave solution provided by PX for the transmission of data relating to Windcave Supported Transactions between a Customer and an Acquirer, Page 158 incorporating the Software and including access (via the internet) to the Windcave Host; “Windcave Host “ means the PX host server known as Windcave Host to which Customer may be connected using the Software and which is in turn linked to an Acquirer to enable Windcave Supported Transactions to be processed in real time; “Windcave Supported Transactions “ means transactions from Customers: a) accepting payment for goods and services by means of credit card, debit card, prepaid card, gift card or any other means of payment which PX agrees to support through Windcave from time to time; b) accepting loyalty cards, rewards cards, points cards, discount cards or club cards; or c) providing services in relation to the sale and use of any of the cards referred to in paragraphs (a) and (b) above including the issue of such cards and the crediting or debiting of value to such cards; “Payment Manager “ means Windcave Merchant Portal which Customer is able to access by logging onto the PX Website with an assigned username and password; “PCI Standards “ means the Payment Card Industry standards, requirements and guidelines issued by the Payment Card Industry Data Security Council from time to time including the Payment Card Industry Data Security Standard PIN Entry Device requirements and guidelines, and the Payment Application Data Security Standard; “Permitted Use “ means the transmission to, and receipt from, an Acquirer of data relating to Windcave Supported Transactions and expressly excludes, without limitation, use for the processing of transactions of, or for the benefit of, any person other than Customer; “Reseller “ means the party with whom Customer has entered into an agreement for the purchase of a license to Windcave; “Reseller Agreement “ means the agreement between the Customer and the Reseller; “PX “ means Windcave Inc., a corporation duly formed in California with offices in Los Angeles, California. PX Logo means the PX logo supplied (in electronic format) by PX to Customer (as may be updated from time to time by PX); “PX Website “ means the website maintained by PX and accessible by Customer for viewing transactions, data entry, refunding, report generating and other features related to Transactions; “Software “ means the software and other related PX products which: a) form part of Windcave; and b) is owned or licensed by or developed by, or on behalf of, PX and supplied to Customer, including all upgrades, updates, alterations and modifications and other changes to such software by or on behalf of PX from time to time, but excluding any third party software and firmware forming part of, or supplied with, the Windcave solution; “Transaction “ means a message pair consisting of a message relating to a Windcave Supported Transaction transmitted by Customer to an Acquirer through Windcave and a response to that message from the Acquirer to Customer through Windcave; Page 159 “Tokenized Data “ means data for which PX has substituted a sensitive data element with a non-sensitive equivalent that has no extrinsic or exploitable meaning or value. 1.2 Interpretation: In this Agreement, unless the context indicates otherwise: a) the singular includes the plural and vice versa; b) clause and other headings are for ease of reference only and will not affect this Agreement's interpretation; c) the term “includes “ or “including “ (or any similar expression) is deemed to be followed by the words without limitation; d) references to a “person “ include an individual, company, corporation, partnership, firm, joint venture, association, trust, unincorporated body of persons, governmental or other regulatory body, authority or entity, in each case whether or not having a separate legal identity; e) any obligation not to do anything includes an obligation not to suffer, permit or cause that thing to be done; and f) in the event of any inconsistency between the terms this Agreement and the terms of the Reseller Agreement, the terms of this Agreement will control. 2. Term 2.1 Term: This Agreement commences on the Effective Date and will continue until terminated under Clause 9 (the “Term”). 3. Customer Responsibilities Customer represents and agrees that it: 3.1 Power and Authority: that it has full power and authority necessary to validly enter into and perform all its obligations under this Agreement 3.2 Requirements: to comply with the other party's reasonable security, confidentiality and operational requirements of which it has been given reasonable notice 3.3 Suitability: has made, and will continue to make, its own assessment of the suitability, adequacy, compatibility and appropriateness of Windcave for its purposes; 3.4 Comply with Instructions: will comply with PX’s restrictions, instructions and Documentation in relation to the use of Windcave, including those set out in this Agreement; 3.5 Use by Others: will ensure that only authorized persons use Windcave and that Windcave is used only for the Permitted Use and as expressly authorized under this Agreement; 3.6 Responsibility for Use: will accept all responsibility for the reliance on and use of Windcave by Customer and its employees, contractors and agents; 3.7 Obtain Equipment Etc.: will obtain and maintain all equipment, software and services needed to enable it to receive and use Windcave; 3.8 Accurate Customer Information: warrants that all information provided by Customer to PX in the Application Form is accurate and correct, and that Customer will notify PX in writing if such information changes or ceases to be accurate in any way; 3.9 Provide Sufficient Information: will ensure that sufficient information is given to PX Page 160 to enable PX to comply with its obligations under this Agreement and that such information is timely, complete and accurate; 3.10 Personal Information: acknowledges that any personal information concerning Customer or its personnel which is provided to PX by or on behalf of Customer may be: a) used by PX for the purpose of providing Windcave, the Support Services and any other services to Customer; and b) disclosed by PX to its affiliates and other services providers to enable PX to provide Windcave, the Support Services and any other services to Customer; 3.11 Notify of Third Party Infringement: will immediately notify PX upon becoming aware of any third party infringing PX's Intellectual Property rights in any manner; 3.12 Responsible for Connecting to Windcave Host: is responsible for all charges and costs associated with connecting to the Windcave Host to operate Windcave. PX will provide Customer with reasonable technical information and Software necessary to enable Customer to connect to the Windcave Host; and 3.13 Comply with Law Generally: will comply with all relevant laws in its use of Windcave and carrying out its obligations under this Agreement. 3.14 Requisite Review of Payline Portal: will review Customer’s Payline portal, established by PX, with due care on a daily basis for transaction errors. If an error is discovered by Customer, Customer will notify PX in writing within three (3) Business Days of the date such error occurs; provided that PX will have no liability or obligations of any kind with respect to errors that are not reported to PX within such three (3) Business Day period. In addition, Customer shall be required to review with due care its bank settlement files on a daily basis to ensure deposits occur without error. If an error is discovered by Customer in the course of such review, Customer will notify PX in writing within three (3) Business Days of the date of such error occurring; provided that PX will have no liability or obligations of any kind with respect to errors that are not reported to PX within such three (3) Business Day period. PX’s liability under this Section 3.14 (Requisite Review of Payline Portal) of the Agreement is governed by, and fully subject to, the terms of Section 9 of this Agreement. 3.15 Improperly Deposited Funds: will return funds that PX deposits in Customer’s bank account(s) that do not rightfully belong to Customer (“Improperly Deposited Funds”) without offset or delay. Customer will return all Improperly Deposited Funds to PX within five (5) calendar days of a written request to do so by PX. If Customer fails to comply with the terms of this Section, PX may immediately suspend services to Customer until Customer returns the Improperly Deposited Funds. Customer will be liable to PX for the Improperly Deposited Funds, and all costs (including legal costs on an attorney-client basis) incurred by PX in recovering the Improperly Deposited Funds. 3.16 Return of Old Goods: For Goods that Customer ceases using for the Permitted Use (“Unused Goods”), Customer will return such Unused Goods to PX within 30 calendar days. Unused Goods include, but are not limited to, Goods Customer has ceased using due to the Goods becoming obsolete, Goods that no longer operate, and Goods that are replaced per warranty. Customer will pay all shipping fees and costs associated with returning the Page 161 Unused Goods to PX. Alternatively, instead of returning Unused Goods to PX, Customer may provide PX a secure destruction certificate evidencing that the Unused Goods were destroyed in compliance with the Security Standards within the same 30 calendar day period. 4. Disclaimer of Warranties 4.1 Limitations on Warranties: To the fullest extent permitted by law, except as expressly set out in this Agreement, PX disclaims and excludes all warranties, conditions, terms, representations or undertakings, whether express, implied, statutory or otherwise, including any condition or warranty of merchantability or fitness for a particular purpose. PX does not warrant that: a) Windcave, the Software or the Documentation will meet Customer's requirements; or b) Windcave, the Software and the Documentation will be uninterrupted or error free, or that all errors will be corrected. Customer understands and acknowledges that an authorization obtained through Windcave only confirms the availability of the cardholder’s credit at the time of the authorization. It does not warrant that the person presenting the card is the rightful cardholder, nor is it an unconditional promise, guarantee or representation by Bank, processor or PX that a transaction is or will be deemed valid and not subject to dispute, debit or chargeback. 4.2 No Requirement to Decrypt Tokenized Data: PX will at no time be obligated to decrypt and transmit Tokenized Data to Customer or any third party. 5. Intellectual Property All Intellectual Property rights in Windcave, the Software, the Documentation and any work or thing developed or created by or on behalf of PX under or in connection with this Agreement (such work or thing being Developed Works), are exclusively owned by PX (or PX's licensors or suppliers). Customer acknowledges that there is no transfer of title, Intellectual Property rights or ownership of: a) Windcave, the Software, the Documentation or any part thereof; or b) any Developed Works; to Customer under this Agreement and Customer will not dispute PX's (or PX's licensors or suppliers) ownership of the property referred to in this clause 5. 6. Indemnity Customer shall indemnify PX (and at PX’s sole discretion, defend PX) at all times against any liability, loss, damage or cost (including attorney’s fees) suffered or incurred by PX and all actions, proceedings, claims or demands made against PX as a result of any negligent act or omission or any breach of this Agreement by Customer, its personnel or agents. 7. Liability 7.1 Remedy: Subject to clauses 7.2 and 7.3, Customer's sole and exclusive remedy for breach of any warranty or of any of PX's obligations under this Agreement is (at PX's Page 162 option) the supply or re- supply of Windcave, the Goods, the Software, or the Documentation or the refund or waiver of Fees for the relevant part of Windcave the Goods, the Software, or the Documentation which is the subject matter of, or directly related to, the breach. 7.2 Limitation: In no event will PX's total liability to Customer under this Agreement for any reason exceed the amount of $1,000. 7.3 Exclusion: In no event will PX be liable to Customer whether in contract, tort (including negligence) or otherwise in respect of any: a) punitive, incidental, indirect or consequential damages, damages for loss of profits, business interruption, loss of data, loss of goodwill, arising out of, or in connection with, this Agreement, in each case even if such party has been advised of the possibility of such damages; b) loss, damage, cost or expense suffered or incurred by Customer, to the extent this results from any act or omission by Customer; or any event described in part B, clause 14 (Force Majeure). 8. Commercial Purpose It is expressly acknowledged and agreed by Customer that Windcave, the Software and the Documentation are supplied to Customer for business and commercial purposes. 9. Termination 9.1 PX Termination Upon Notice: PX may terminate this Agreement without liability or obligation to Customer of any kind upon written notice to Customer if the Reseller Agreement expires or is terminated by Customer and/or Reseller for any reason. 9.2 PX Termination for Cause: PX may terminate this Agreement without liability or obligation to Customer of any kind at any time and with immediate effect by written notice to Customer: a) if Customer breaches any of its obligations under this Agreement; or b) if Customer fails to pay any amounts due to Reseller pursuant to the Reseller Agreement; or c) goes into voluntary or involuntary bankruptcy or liquidation or has a receiver appointed. 9.3 Customer Termination: Customer may terminate this Agreement if PX breaches any of its obligations under this Agreement and fails to cure such breach within 10 Business Days after receipt of written notice of such breach. 9.4 Consequences: Termination of this Agreement will not affect the rights or obligations of the parties which have accrued prior to or accrue on termination or which by their nature are intended to survive termination (including clauses 3-7, 10, 13, and 14, together with those clauses which are incidental to, and required in order to give effect to, those clauses). Upon termination of this Agreement, Customer must immediately cease use of Windcave, the Software and the Documentation. 10. Confidentiality 10.1 Confidential Information: Each party will maintain as confidential at all times, and will not at any time, directly or indirectly: a) disclose or permit to be disclosed to any person; Page 163 b) use for itself or to the detriment of the other party; any Confidential Information of the other party except as, and then only to the extent: i) required by law; ii) that the information is already or becomes public knowledge, otherwise than as a result of a breach, by the receiving party, of any provision of this Agreement; iii) that the information is disclosed to the receiving party, without restriction, by a third party and without any breach of confidentiality by the third party; iv) that the information is developed independently by the receiving party without reliance on any of the Confidential Information of the other party; v) authorized in writing by the other party; or vi) reasonably required by this Agreement (and, without limiting the effect of this clause, a party may disclose Confidential Information of the other party only to those of its officers, employees or professional advisers on a "need to know" basis, as is reasonably required for the implementation of this Agreement). 10.2 PX’s Intellectual Property: Customer acknowledges and agrees that the computer programs, computer software, specifications, data, images, designs, codes, and configurations contained in or utilized by the equipment and PX's network are proprietary and confidential to PX and protected under United States copyright law. Customer shall not copy, modify, adopt, translate, merge, reverse engineer, decompile, or disassemble, the equipment or Software, or create any derivative works based on the equipment, PX network or Software. Without limiting the effect of clause 10.1, Customer will treat information about PX's Intellectual Property as Confidential Information of PX. 11. Force Majeure 11.1 Customer acknowledges that PX relies on third-party providers in the delivery of its services, including, but not limited to, wireless data network providers, cellular radio service provided by third parties that is available only when within the operating range of cellular systems, and cellular service is subject to transmissions limitations and dropped or interrupted transmissions. Cellular service may be temporarily refused, limited, interrupted, or curtailed because of government regulations or orders, atmospheric and/or topographical conditions, and cellular system modifications, repairs, and upgrades. Customer agrees that PX shall not be liable for, and to hold PX harmless for any losses, damages, or business interruptions sustained as a result of interruptions caused by its wireless data network providers or any other third-party provider. 11.2 Neither party (the “Affected Party”) shall be liable for any default or delay in the performance of its obligations under this Agreement if and to the extent such default or delay is caused, directly or indirectly, by a) fire, flood, elements of nature or other acts of God b) any outbreak or escalation of hostilities, war, riots or civil disorders in any country; c) any act or omission of the other party or any government authority; d) any labor disputes (whether or not employees’ demands are reasonable or within the party’s power to satisfy); or e) the nonperformance by a third party for any similar cause beyond the reasonable control of such party, including without limitation, failures or fluctuations in Page 164 telecommunications or other equipment such as described in clause 11.3 In any such event, the Affected Party shall be excused from any further performance and observance of the obligations so affected only for as long as such circumstances prevail and such party continues to use commercially reasonable efforts to recommence performance or observance as soon as practicable, provided that: a) Notice: whenever the Affected Party becomes aware that such a result has occurred or is likely to occur, the Affected Party will, as soon as practicable, notify the other party by written notice accordingly; b) Continued Performance: each party will continue to use commercially reasonable efforts to perform its obligations as required under this Agreement; and c) No Deemed Acceptance of Extra Costs: neither party will be deemed to have accepted any liability to pay or share any extra costs which may be incurred by the other party in complying with this clause or otherwise resulting from such act, omission or failure; and d) Charges: this clause 11.3 will not apply in respect of Customer's obligation to pay any charges or Fees payable under this Agreement. 12. License 12.1 Grant of License: PX grants to Customer a limited, non-exclusive, non-transferable, non-assignable, revocable license to use Windcave, the Software and the Documentation for the Term of this Agreement solely for the Permitted Use. Any other use or dealings with Windcave, the Software or the Documentation without the prior written consent of PX will be a material breach of this Agreement. Except to the extent specifically authorized under this Agreement, Customer must not sub-license, transfer, assign, rent or sell any of Windcave, the Software or the Documentation or the right to use Windcave, the Software or the Documentation. 12.2 PX Warranty: PX warrants that PX has the right and authority to grant to Customer the license set out in clause 12.1, in accordance with the terms of this Agreement. 13. Terms of Use 13.1 Adequacy: Customer must satisfy itself as to the adequacy, appropriateness and compatibility of Windcave for its requirements. Without limiting the foregoing, Customer acknowledges that it has not relied on any statements or representations on the part of PX as to performance or functionality, verbal or otherwise, except as expressly recorded in this Agreement. 13.2 PX Logo: If Customer uses a capture method for credit or debit card processing using a system which is not hosted by PX, Customer agrees to display the PX Logo in a readily visible position on the user interface of Customer’s system where the credit or debit card data is captured. The PX Logo must not be altered or used for any other purpose without the prior written consent of PX. 13.3 Compliance: If Customer is not compliant with one or more of the Security Standards, Customer must not capture or store any credit or debit card number or expiry date locally on Customer's or a non- compliant third party’s system. 13.4 No Right to Copy, Alter or Modify: Customer may make a reasonable number of copies of the Software for backup and disaster recovery purposes only. Except for such Page 165 back-up copies, Customer must not, and must not permit any other person to, copy, reproduce, translate, adapt, vary, repair or modify all or any part of Windcave, the Software or the Documentation by any means or in any form without PX's prior written consent. 13.5 Permitted Use: Customer may not: a) use Windcave, the Software or the Documentation for any purpose other than the Permitted Use; or b) use the Software independently of the other components of Windcave unless PX has given prior written consent to do so. If this Agreement is terminated, Customer's right to use Windcave, the Software and the Documentation will automatically terminate and Customer must immediately remove all copies of the Software from its system(s) and return Windcave, the Software and the Documentation to PX 13.6 Reverse Engineering: Customer must not, and must not permit any other person to, reverse assemble or decompile the whole or any part of the Software. 13.7 No Third Party Use: Except as expressly provided for in this Agreement, the Customer must not provide, or otherwise make available, Windcave, the Software or the Documentation or any component thereof in any form to any person (a “Third Party”) without the prior written consent of PX. If PX grants such consent, Customer must ensure that the Third Party complies with the provisions of clauses 5, 10, 12, and 13 (so far as those provisions relate to Customer) as if the Third Party were a party to this Agreement. Customer will be liable to PX for all acts or omissions of any Third Party in contravention of the provisions of clauses 5, 10, 12, and 13. General 13.8 Entire Agreement: This Agreement including all schedules hereto records the entire arrangement between the parties relating to all matters dealt with in this Agreement and supersedes all previous arrangements, whether written, oral or both, relating to such matters. 13.9 Disputes: The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between executives who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration of this Agreement. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within 15 days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and response shall include with reasonable particularity (a) a statement of each party’s position and a summary of arguments supporting that position, and (b) the name and title of the executive who will represent that party and of any other person who will accompany the executive. Within 30 days after delivery of the notice, the executives of both parties shall meet at a mutually acceptable time and place. If the parties fail to negotiate a resolution to a dispute within a reasonable time (not exceeding 20 Business Days from formal notice of the dispute being given by one party to the other), either party may require that the dispute be submitted to mediation through JAMS, such mediation to take place in Los Angeles, California. A mediator shall be selected by mutual agreement or through procedures provided by JAMS. In such case: a) the mediator will not be acting as an expert or as an arbitrator; Page 166 b) the mediator will determine the procedure and timetable for the mediation; and c) the parties will share equally the cost of the mediation. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non- discoverable as a result of its use in the negotiation. Neither party may issue any legal proceedings (other than for urgent interlocutory relief) relating to any dispute, unless that party has first taken all reasonable steps to comply with the dispute resolution process above. All applicable statutes of limitation and defenses based upon the passage of time shall be tolled while the procedures specified in this clause 14.2 above are pending and for 15 calendar days thereafter. The parties will take such action, if any, required to effectuate such tolling. 13.10 Waiver: No waiver of any breach, or failure to enforce any provision, of this Agreement at any time by either party shall in any way limit or waive the right of such party to subsequently enforce and compel strict compliance with the provisions of this Agreement. 13.11 Severance: Any provision in this Agreement which is or becomes unenforceable, illegal or invalid for any reason shall be severed and shall not affect the enforceability, legality, validity or application of any other provision which shall remain in full force and effect. 13.12 Assignment: PX may assign all or any of its rights and obligations under this Agreement to any person without Customer's consent. Customer may not transfer or assign any of its liabilities or rights under this Agreement to any other person without PX's prior written consent. 13.13 Amendment: Except as expressly provided for in this Agreement, no amendment to this Agreement will be valid unless recorded in writing and signed by a duly authorized senior representative of each party. 13.14 Governing Law and Jurisdiction: This Agreement is governed by the laws of California. Subject to the terms of clause 14.2, the parties submit to the jurisdiction of the courts of the State of California in respect of all matters relating to this Agreement. 13.15 Remedies: The rights, powers and remedies provided in this Agreement are not exclusive of any rights, powers or remedies provided by law. 13.16 Subcontracting: PX may appoint subcontractors to perform any of its obligations under this Agreement. 13.17 Notices: Any notice or other communication to be given under this Agreement must be in writing and must be served by one of the following means and in respect of each is deemed to have been served as described: a) By personal delivery – when received by the party. b) By post by registered or ordinary mail – on the second working day following the date of posting in the United States mail to the addressee’s registered office. c) By email – when acknowledged by the party orally or by return email or otherwise Page 167 in writing. d) By facsimile – when sent to the correct facsimile number (with written transmission confirmation). The addresses for the parties for Notices shall be as set out on Page 1 of this Agreement or such other address as either party specifies by notice in writing to the other given in accordance with this clause 14.10. 13.18 In the event of any conflict or inconsistency between this Agreement and the terms of a purchase order made by Customer to PX or a reseller of PX goods or services, this Agreement shall govern and control. Page 168 DATE:June 21, 2023 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 Frank A. Lopez, Principal Civil Engineer/Assistant City Engineer Romeo M. David, Associate Engineer SUBJECT:Consideration of a Contract with HL Hitchcock Construction, Inc., in the Amount of $165,530 Plus a 15% Contingency in the amount of $24,830 from the LMD 1 Fund (Fund 130) for the Almond Trail Drainage Improvements Project. This Project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Government Code Section 15301 – Existing Facilities. (CITY) RECOMMENDATION: Staff recommends that the City Council: 1. Approve the plans and specifications for the Almond Train Drainage Improvements Project (Project) on file in the Office of the City Engineer; 2. Accept the bids received for the Project; 3. Award and authorize the execution of a contract in the amount of $165,530, to the lowest responsive bidder, HL Hitchcock, Inc., for the total bid amount; and 4. Authorize the Director of Engineering Services or his designee to approve the expenditure of a 15% contingency in the amount of $24,830. BACKGROUND: In the past year, portions of the community trail located south and west of the Randolph Davis Property, 9400 Almond Street, experienced erosion after heavy storm events. For the protection of the public and to prevent further damage to the trail or the adjacent hillside, Public Works staff closed the community trail by placing “trail closed” signs at either entrance and implemented temporary erosion control measures until the community trail could be restored to a safe condition. This trail has repeatedly experienced damage from erosion over the years, including one storm that caused a slope failure in 2019 that required the closure of the trail and reconstruction of the slope just west of the trail. Engineering staff has investigated the recent failure and provided recommendations for repairs which are intended to provide a long-term solution. The proposed repairs were presented to the Trails Advisory Committee and Planning Commission on May 10 and May 24, 2023 at their respective regularly scheduled meetings. Page 169 Page 2 1 8 6 8 ANALYSIS: The scope of work consists of regrading the trail, installation of curb and gutter with inlet grates and catch basins, a concrete Arizona crossing at the sump condition where the water flows across the existing trail, concrete ribbon gutter, and grouted cobble rocks and un-grouted cobble rocks as energy dissipaters. A vicinity map illustrating the project site location included in this Project is included as Attachment 1. The Notice Inviting Bids was released to the general contracting community and was published in the Daily Bulletin on April 4, and 11, 2023. The City Clerk’s Office facilitated the formal bid solicitation for the Project. On May 30, 2023, the City Clerk’s office received ten (10) construction bids. The Engineer’s estimate for the Project was $190,000. The apparent low bidder HL Hitchcock, Inc. submitted a bid in the amount of $ 165,530. A full bid summary is included as Attachment 2. Engineering staff has reviewed all bids received and found all to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. Staff has completed the required background investigation and finds the lowest responsive bidder HL Hitchcock, Inc. meets the requirements of the bid documents. FISCAL IMPACT: Anticipated construction costs are estimated to be as follows: Expenditure Category Amount Construction Contract $165,530 Construction Contract Contingency (15%)$24,830 Construction Inspection Services $26,840 Construction Survey Services $8,470 Bid Noticing Advertisement $1,535 Project Construction Costs $227,205 A total of $272,000 is budgeted, made available and shown in the approved Fiscal Year 2022/23 Budget from the LMD 1 Fund (Fund 130) for this project. An initial of $9,020 for the Design Survey has been spent and therefore, the amount available to expend for construction is $262,980 which is sufficient to fund the recommended contract as well as the on-call inspection and survey services. Current funding for this project is identified under Capital Improvement Project Account No. and in the amount listed below: Account No.Funding Source Description Amount 11303035650/2110130-0 LMD 1 Fund (130)Almond Trail Improvements Project $262,980 Total Project Funding $262,980 COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This project meets our City Council core values by promoting and enhancing a safe and healthy community for all, and by providing continuous improvement through the construction of high- quality public improvements. ATTACHMENTS: Attachment 1 - Vicinity Map Attachment 2 - Bid Summary Page 170 ALMOND TRAIL DRAINAGE IMPROVEMENTS PROJECT Vicinity Map NOT TO SCALE Project Site Page 171 ATTACHMENT 2 BID SUMMARY: BID DATE: May 30, 2023 APPARENT LOW BIDDER 2 3 4 5 6 7 8 9 10 H L HITCHCOCK CONSTRUCTION INC. TSR CONSTRUCTION AND INSPECTION US BUILDERS AND CONSULTANTS INC. GENTRY GENERAL ENGINEERING, INC. WRIGHT CONSTRUCTION ENGINEERING CORP CT&T CONCRETE PAVING INC. KORMEX CONSTRUCTION, INC.ALMOND TRAIL IMPROVEMENT PROJECT ENGINEER'S ESTIMATE VOLTAIRE ENGINEERING INC.CMB STRUCTURES, INC,BONADIMAN WATER, INC. BASE BID UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID UNIT COST BID UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID NO QTY UNIT DESCRIPTION COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT 1 2 1 1 LS Mobilization $10,000.00 $20,000.00 $10,000.00 $20,000.00 $14,300.00 $16,040.00 $14,300.00 $16,040.00 $43,740.00 $28,000.00 $43,740.00 $14,000.00 $28,000.00 $31,000.00 $14,000.00 $31,000.00 $5,500.00 $9,375.00 $5,500.00 $6,900.00 $9,375.00 $4,700.00 $6,900.00 $9,000.00 $4,700.00 $30,600.00 $9,000.00 $30,600.00 $22,000.00 $21,615.00 $22,000.00 $21,615.00 $10,000.00 $15,000.00 $10,000.00 $15,000.00 $15,000.00 $19,950.00 $15,000.00 $19,950.00 $20,000.00 $30,000.00 $20,000.00 $30,000.00LS Clearing and Grubbing – Including Grading, Fill, Compaction, Removal and Disposal Per Plans Complete in Place CORRECTED $19,125.003255LF Construct P.C.C. Curb and Gutter (A2-6) with Transverse Heavy Broom Finish Per Detail A and B and City Std. Plan No. 104. LF Construct P.C.C. Ribbon Gutter with Transverse Heavy Broom Finish Per Detail C. EA Install Catch Basin Per Detail D. SF Construct 6" P.C.C. Slab with Transverse Heavy Broom Finish Per Cross Section A-A and Cross Section B-B. $75.00 $19,125.00 $80.00 $20,400.00 $55.00 $14,025.00 $70.00 $17,850.00 $61.00 $15,555.00 $5,130.00 $11,344.00 $4,500.00 $3,564.00 $79.00 $65.00 $20,145.00 $6,175.00 $36,000.00 $2,376.00 $4,356.00 $90.35 $57.50 $23,039.25 $100.00 $25,500.00 $100.00 $25,500.00 $75.00 $60.00 $15,300.00 4 5 6 95 8 198 $75.00 $4,500.00 $45.00 $7,125.00 $36,000.00 $8,910.00 $73.00 $2,400.00 $40.00 $6,935.00 $19,200.00 $7,920.00 $36.00 $1,500.00 $40.00 $3,420.00 $12,000.00 $7,920.00 $80.00 $4,000.00 $20.00 $7,600.00 $32,000.00 $3,960.00 $54.00 $1,418.00 $18.00 $5,462.50 $19,008.00 $4,019.40 $100.00 $3,000.00 $75.00 $9,500.00 $24,000.00 $14,850.00 $150.00 $5,000.00 $50.00 $14,250.00 $40,000.00 $9,900.00 $68.00 $7,250.00 $35.00 $6,460.00 $58,000.00 $6,930.00 $60.00 $5,000.00 $60.00 $5,700.00 $40,000.00 $11,880.00$22.00 $20.30 7 8 20 500 LF Construct 6" P.C.C. Footing Key at Edge of Concrete Slab Per Cross Section A-A. SF Rearrange Ungrouted Cobble Rock Energy Dissipater, Reuse Loose Rocks at Project Site. $100.00 $20.00 $2,000.00 $10,000.00 $445.00 $6.20 $8,900.00 $3,100.00 $160.00 $4.50 $3,200.00 $2,250.00 $100.00 $10.00 $2,000.00 $5,000.00 $65.00 $24.00 $1,300.00 $12,000.00 $52.00 $17.00 $1,040.00 $8,500.00 $408.60 $11.00 $8,172.00 $5,500.00 $400.00 $30.00 $8,000.00 $15,000.00 $200.00 $12.00 $4,000.00 $6,000.00 $80.00 $45.00 $1,600.00 $22,500.00 $500.00 $8.00 $10,000.00 $4,000.00 9 10 150 20 SF Place grouted Cobble Rock Energy Dissipater, Reuse Loose Rocks at Project Site. EA Remove and Replace Existing Fence Post with Concrete Footing Per City Std. Plan No. 1010-A. Reuse 2'x6' PVC Rail. $45.00 $200.00 $6,750.00 $4,000.00 $20.00 $330.00 $3,000.00 $6,600.00 $15.00 $480.00 $2,250.00 $9,600.00 $30.00 $200.00 $4,500.00 $4,000.00 $34.00 $93.00 $5,100.00 $1,860.00 $46.00 $513.00 $6,900.00 $10,260.00 $45.60 $627.60 $6,840.00 $12,552.00 $50.00 $150.00 $7,500.00 $3,000.00 $100.00 $100.00 $15,000.00 $2,000.00 $75.00 $450.00 $11,250.00 $9,000.00 $20.00 $500.00 $3,000.00 $10,000.00 11 12 13 14 15 44 385 1 2 1 LF Install 18"ø HDPE, double wall smooth interior with a corrugated exterior Pipe. LF Install 12"ø HDPE, double wall smooth interior with a corrugated exterior Pipe. LS Regrade Existing to Install 2-18"ø PVC Pipe Per Plan. EA Install Sign and Post to be Specified by City. EA Expose Existing 18"ø CMP Drainage Pipe and Tie into 12"ø PVC Pipe with Concrete Collar Per City Std Plan No. 329. $200.00 $115.00 $1,000.00 $1,000.00 $3,000.00 $8,800.00 $44,275.00 $1,000.00 $2,000.00 $3,000.00 $190.00 $70.00 $4,800.00 $1,200.00 $5,600.00 $8,360.00 $26,950.00 $4,800.00 $2,400.00 $5,600.00 $75.00 $90.00 $2,240.00 $400.00 $3,300.00 $34,650.00 $2,240.00 $800.00 $100.00 $100.00 $5,000.00 $1,200.00 $7,000.00 $4,400.00 $38,500.00 $5,000.00 $2,400.00 $7,000.00 $475.00 $248.00 $1,100.00 $1,060.00 $641.00 $20,900.00 $95,480.00 $1,100.00 $11,000.00 $2,120.00 $1,050.00 $641.00 $3,900.00 $235.00 $140.00 $10,340.00 $53,900.00 $11,000.00 $5,520.00 $2,100.00 $4,320.00 $186.80 $106.28 $8,219.20 $40,917.80 $5,520.00 $8,640.00 $900.00 $250.00 $116.00 $7,000.00 $500.00 $11,000.00 $44,660.00 $7,000.00 $1,000.00 $2,500.00 $225.00 $190.00 $5,000.00 $500.00 $9,900.00 $73,150.00 $5,000.00 $1,000.00 $6,000.00 $95.00 $65.00 $15,000.00 $4,500.00 $12,000.00 $4,180.00 $25,025.00 $15,000.00 $9,000.00 $12,000.00 $400.00 $200.00 $3,500.00 $500.00 $17,600.00 $77,000.00 $3,500.00 $1,000.00 $3,000.00$4,900.00 $4,900.00 $3,900.00 $900.00 $2,500.00 $6,000.00 $3,000.00 16 63 CY Import Fill Material and Grade Existing.$110.00 $6,930.00 $175.00 $11,025.00 $160.00 $10,080.00 $200.00 $12,600.00 $93.00 $5,859.00 $290.00 $18,270.00 $293.80 $18,509.40 $125.00 $7,875.00 $250.00 $15,750.00 $305.00 $19,215.00 $100.00 $6,300.00 CORRECTED TOTAL BASE BID AMOUNT:$189,915.00 $165,530.00 $182,375.00 $191,810.00 $196,828.00 $204,486.00 $206,899.55 $225,000.00 $252,450.00 $254,235.00 $258,280.00 Page 172 DATE:June 21, 2023 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Wess Garcia, Acting Library Director Cara Vera, Library Services Manager SUBJECT:Consideration to Approve the Continued Use and Appropriation of Funds for an Amount Not to Exceed $45,000 for Midwest Tape to Provide Digital Media Content Using the Hoopla Platform for FY 2023/2024. (CITY) RECOMMENDATION: Staff recommends City Council approve the continued use and appropriation of funds in an amount not to exceed $45,000 for Midwest Tape’s Hoopla platform to provide patron driven acquisition of digital media content for the Rancho Cucamonga Public Library in FY 2023/2024. BACKGROUND: Since 1989, Midwest Tape has been a leading distributor of DVDs, CDs, audiobooks, and other physical audio-visual formats to libraries. Midwest Tape now distributes Hoopla, a co-branded, digital audio-visual content service. Hoopla’s delivery model and content are the only Library Media on Demand (LMOD) software application offered to and by libraries and is manufactured, sold and distributed exclusively by Midwest Tape. Hoopla’s digital service platform is a proprietary design which provides libraries the only true patron-driven acquisition model in which all digital media content (audiobooks, eBooks, comics, movies, TV, and music) is made available under a single login and to every user, simultaneously. Hoopla is currently the sole content provider of LMOD for MGM, NBC Universal, Nat Geo, Bold and Beautiful, Miramax, RLJ, Warner Music, Universal Music, DC Comics, Lionsgate, Viacom, and many other content creators. The Library began offering Hoopla to borrowers in 2020, and it quickly gained popularity and became a sought after resource for on demand electronic media consumption. ANALYSIS: Hoopla offers a unique product that combines multiple book and media formats through an all-in- one service. Users access the digital content using an “on demand” model where the Library is charged for each checkout as content is consumed, rather than paying an annual subscription fee for access to the overall collection. The Library meters expenses through various service controls such as setting limits on the number of monthly checkouts per user and offering content at varying price points. Page 173 Page 2 1 8 6 7 Hoopla’s simultaneous use model provides a key benefit to the Library’s users. Other digital content providers typically operate under a one-to-one lending model where with a copy of a title is lent to a single borrower at a time, the traditional physical material lending model. However, Hoopla’s simultaneous use model offers unlimited checkouts per item providing instantaneous access to materials and wait-free checkouts. Simultaneous use expands the Library’s digital media collection exponentially, while reducing barriers to content. Based on Hoopla’s extensive inventory, variety of formats, simultaneous use and Library Media on Demand features, a Single Source Memo was submitted and approved by the Procurement Manager in 2021. Staff requests that the City Council accept the continued use and appropriation of additional funds to meet the increased use and demand. Copies of all supporting documents are on file with the City Clerk and Procurement Offices. FISCAL IMPACT: Funding for this service during FY 2023/2024 is not to exceed $45,000 annually and will come from Library Fund object 1290601-5200 Operations and Maintenance. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: Providing superior digital media content to residents, contributes to a high quality of life in Rancho Cucamonga. ATTACHMENTS: None. Page 174 DATE:June 21, 2023 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Matt Burris, Deputy City Manager / Acting PW Services Director Jeff Benson, Parks and Landscape Superintendent Paul Fisher, Management Analyst III SUBJECT:Consideration of Amendment No. 1 to Contract No. 2022-070 with Mariposa Landscapes, Inc. for LMD 2 Parkway Paseo and Median Island Landscape and Irrigation Maintenance in an Amount Not to Exceed $1,697,730. (CITY) RECOMMENDATION: Staff recommends the City Council approve Amendment No. 1 to Contract No. 2022-070 with Mariposa Landscapes, Inc., extending the term of the contract to June 30, 2024 in an amount not to exceed $1,697,730 for FY 2023/24. BACKGROUND: On July 20,2022, the City Council awarded contract number CO 2022-070 for “LMD 2 Parkway Paseo and Median Island Landscape and Irrigation Maintenance” to Mariposa Landscapes, Inc. of Irwindale, California, effective July 1, 2022 for a one (1) year term with an option to renew in one (1) year increments up to a total of six (6) additional years through June 30, 2029. Currently all sites are maintained at Service Level A. If approved, Amendment No. 1 to contract CO 2022- 070 will extend the term of the contract to June 30, 2024 with a 7.5% rate increase for routine (cyclically scheduled) maintenance and “extra work” line items. A copy of this agreement is available in the City Clerk’s Office. ANALYSIS: Mariposa Landscapes, Inc. has submitted a Letter of Intent expressing their desire to continue providing service to the City of Rancho Cucamonga during FY 2023/24. Mariposa Landscapes, Inc. is requesting an 7.5% rate increase for routine (cyclically scheduled) maintenance and “extra work” line items to cover increases in labor, material, and fuel costs. Mariposa Landscapes, Inc. continues to meet the service needs of the City and staff recommends the City Council approve the renewal of contract CO 2022-070 effective July 1, 2023 and approve the spending limit of $1,697,730 for FY 2023/24. FISCAL IMPACT: The proposed FY 2023/24 budget includes $1,476,280 in account 1131303-5300 for parkway, paseo, and median island landscape maintenance in LMD 2, including a 10% increase for routine (cyclically scheduled) maintenance and “Extra Work” line items in the various accounts. The EAs Page 175 Page 2 1 8 7 8 will be adjusted accordingly in the amended budget to account for the difference between the budgeted increase and the actual increase in contract expenditures. The contract spending limit of $1,697,730 includes a contingency of $221,450 for unforeseen work resulting from wind events or other emergencies. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This item addresses the City Council’s Core Values of promoting and enhancing a safe and healthy community for all while providing and maintaining high quality outdoor spaces. ATTACHMENTS: None. Page 176 DATE:June 21, 2023 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Matt Burris, Deputy City Manager / Acting PW Services Director Jeff Benson, Parks and Landscape Superintendent Paul Fisher, Management Analyst III SUBJECT:Consideration of Amendment No. 3 to Contract CO 2020-030 with Mariposa Landscapes, Inc. for LMD 4R Parkway Paseo and Median Island Landscape and Irrigation Maintenance in an Amount Not to Exceed $570,905. (CITY) RECOMMENDATION: Staff recommends the City Council approve Amendment No. 3 to contract CO 2020-030 with Mariposa Landscapes, Inc., extending the term of the contract to June 30, 2024, in an amount not to exceed $570,905, contingent upon approval of the FY 2023/24 budget. BACKGROUND: On April 1, 2020, the City Council accepted the bids received and awarded contract number CO 2020-030 for “LMD 4R Parkway Paseo and Median Island Landscape and Irrigation Maintenance” to Mariposa Landscapes, Inc. of Irwindale, California, effective July 1, 2020 for a one (1) year term with an option to renew in one (1) year increments up to a total of six (6) additional years through June 30, 2027. Currently all sites are maintained at Service Level A. If approved, Amendment No. 3 to contract CO 2020-030 will extend the term of the contract to June 30, 2024, with a 7.5% rate increase for routine (cyclically scheduled) maintenance and “extra work” line items. A copy of this agreement is available in the City Clerk’s Office. ANALYSIS: Mariposa Landscapes, Inc. has submitted a Letter of Intent expressing their desire to continue providing service to the City of Rancho Cucamonga during FY 2022/23. Mariposa Landscapes, Inc. is requesting an 7.5% rate increase for routine (cyclically scheduled) maintenance and “extra work” line items to cover increases in labor, material, and fuel costs. Mariposa Landscapes, Inc. continues to meet the service needs of the City and staff recommends the City Council approve the renewal of contract CO 2020-030 effective July 1, 2023 and approve the spending limit of $570,905 for FY 2023/24. FISCAL IMPACT: The proposed FY 2023/24 budget includes $496,435 in account 1134303-5300 for parkway, paseo, and median island landscape maintenance in LMD 4R including a 10% increase for routine (cyclically scheduled) maintenance and “Extra Work” line items in the various accounts. The EAs Page 177 Page 2 1 8 7 7 will be adjusted accordingly in the amended budget to account for the difference between the budgeted increase and the actual increase in contract expenditures. The contract spending limit of $570,905 includes a contingency of $74,470 for unforeseen work resulting from wind events or other emergencies. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This item addresses the City Council’s Core Values of promoting and enhancing a safe and healthy community for all while providing and maintaining high quality outdoor spaces. ATTACHMENTS: None. Page 178 DATE:June 21, 2023 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 Justin Pope, Associate Engineer SUBJECT:Consideration of Amendment No. 03 to Professional Services Agreement (Contract No. CO18-122) with Moffatt & Nichol, to Extend the Term of the Agreement for the Etiwanda Avenue Grade Separation Project. (CITY) RECOMMENDATION: Staff recommends the City Council approve Amendment No. 03 to the Professional Services Agreement (Contract No. CO18-122) with Moffatt & Nichol for design of the Etiwanda Grade Separation Project, which would extend the Term of the Agreement by allowing the option to renew in one (1) year increments to a total of five (5) years. BACKGROUND: The City awarded the original Professional Services Agreement to Moffatt & Nichol on October 17, 2018 to prepare the design plans, specifications, and estimate, and right of way documents for the Etiwanda Grade Separation Project. In this Agreement, Section 2 – Term of Agreement states that: “The term of this Agreement shall be 20 months and shall become effective as of the date of the mutual execution by way of both parties’ signature (the “Effective Date”). No work shall be conducted; services or goods will not be provided until this Agreement has been executed and requirements have been fulfilled. Parties to this Agreement shall have the option to renew in one (1) year increments to a total of three (3) years, unless sooner terminated as provided in Section 14 herein. Options to renew are contingent upon the City Manager’s approval, subject to pricing review, and in accordance to all Terms and Conditions stated herein unless otherwise provided in writing by the City.” To date, the City has approved time extensions totaling three (3) years beyond the original 20 month duration, bringing the Term of the Agreement to its maximum date of June 17, 2023. ANALYSIS: Additional design scope has been awarded with Amendments No.’s 01 and 02, causing the time needed by Moffatt & Nichol to extend beyond the maximum date allowed in the original Agreement. The City is therefore requesting that City Council approve Amendment No. 03 to allow the Agreement to remain valid for two (2) additional increments of one (1) year each, subject to the same requirements as the original Agreement. Page 179 Page 2 1 8 9 5 FISCAL IMPACT: There is no cost impact being considered at this time because Amendment No. 03 is solely a time extension to the original Agreement. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: The proposed Etiwanda Avenue Grade Separation Project will enhance the City’s position as the premier community in our region by improving safety, traffic flow, and access to the southeast industrial area of the City. ATTACHMENTS: Attachment 1 - Amendment to Professional Services Agreement Page 180 Last Revised: 11/27/2018 Page 1 of 1 AMENDMENT NO. 03 to Professional Services Agreement (CO #18-122) between Moffatt & Nichol, Inc. (hereinafter “Consultant”) and City of Rancho Cucamonga (hereinafter the “City”) This Amendment No. 03 will serve to amend the Professional Services Agreement (hereinafter “Agreement”), CO# 18-122, to incorporate the following: Section 2 Term of Agreement, Paragraph 2 shall be amended to state that "Parties to this Agreement shall have the option to renew in one (1) year increments to a total of five (5) years, unless sooner terminated as provided in Section 14 herein. Options to renew are contingent upon the City Manager's approval, subject to pricing review, and in accordance to all Terms and Conditions stated herein unless otherwise provided in writing by the City." The first three of the one (1) year increments have already been used, which brought the Agreement expiration date to June 17, 2023 in Amendment No. 02. By this Amendment No. 03, both parties agree to use the fourth one (1) year increment to extend the Agreement expiration date to June 17, 2024. Both parties also agree that the Agreement has been in place retroactively to June 17, 2023. All other Terms and Conditions of the original Agreement CO#18-122, Amendment No. 01 and Amendment No. 02, will remain in full effect. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Amendment by way of signature by both parties and on the date indicated below. Please return two (2) original signed copies to the City no later than June 6, 2023. The City will process both copies for signature and provide Consultant with one (1) fully executed copy of the Amendment. Moffatt and Nichol, Inc. By: ______________________________ Name Date ______________________________ Title City of Rancho Cucamonga By: ______________________________ Name Date ______________________________ By: _________________________________ Name Date _________________________________ Title By: _________________________________ Name Date _________________________________ Title Title (two signatures required if corporation) Alaedin Moubayed Project Manager/ Vice President 6-01-2023 6-01-2023Jim McCluskie Vice President 6-01-2023 Page 181 DATE:June 21, 2023 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Matt Burris, Deputy City Manager / Acting PW Services Director Jeff Benson, Parks and Landscape Superintendent Paul Fisher, Management Analyst III SUBJECT:Consideration of Amendment No. 5 to Contract CO 18-030 with Mariposa Landscapes, Inc. for Landscape and Irrigation Maintenance of LMDs 6, 7, 8, 9, and 10 Parkways, Paseos, and Medians in an Amount Not to Exceed $1,146,600. (CITY) RECOMMENDATION: Staff recommends the City Council approve Amendment No. 5 to contract CO 18-030 with Mariposa Landscapes, Inc., extending the term of the contract to June 30, 2024, in an amount not to exceed $1,146,600 for FY 2023/24. BACKGROUND: On May 16, 2018, the City Council accepted the bids received and awarded contract number CO 18-030 for landscape and irrigation maintenance of LMDs 6, 7, 8, 9, and 10 parkways, paseos, and medians, to Mariposa Landscapes, Inc. The initial term of the contract was one year, with the option to renew in one (1) year increments up to a total of six (6) additional years through June 30, 2025. Included in the contract is tiered pricing for Service Levels A through C as defined in the contract specifications. Routine maintenance is currently performed at Service Level A at LMD 6, LMD 7, LMD 9 and LMD 10 sites, and at Service Level B at LMD 8 sites. If approved, Amendment No. 5 to contract CO 18-030 will extend the term of the contract to June 30, 2023, with a 7.5% rate increase for routine (cyclically scheduled) maintenance and reduce LMD 7 and LMD 8 to Service Level C. A copy of this agreement is available in the City Clerk’s Office. ANALYSIS: Mariposa Landscapes, Inc. has submitted a Letter of Intent expressing their desire to continue providing service to the City of Rancho Cucamonga during FY 2023/24. Due to substantial increases in the cost of providing tree maintenance services, Mariposa Landscapes, Inc. is requesting modification of certain language to clarify the City’s original intent for tree maintenance services in LMDs 6, 7, 8, 9 and 10. In addition, due to increases in labor, material, and fuel costs, Mariposa Landscapes, Inc. is requesting an 7.5% rate increase for routine maintenance in FY 2023/24. A copy of this agreement is available in the City Clerk’s Office. Mariposa Landscapes, Inc. continues to meet the service needs of the City and staff recommends the City Council approve the renewal of contract CO 18-030 effective July 1, 2023 and approve the spending limit of $1,146,600 for FY 2023/24. Page 182 Page 2 1 8 7 5 FISCAL IMPACT: The proposed FY 2023/24 Budget includes $997,040 for parkway, paseo, and median island landscape maintenance in LMDs 6, 7, 8, 9 and 10. The funding breakdown is shown in the following table: Account Funding Source Amount 1136303-5300 LMD 6 $287,820 1137303-5300 LMD 7 $485,910 1138303-5300 LMD 8 $11,480 1139303-5300 LMD 9 $74,220 1140303-5300 LMD 10 $137,610 Total $997,040 The proposed FY 2023/24 budget includes a 10% increase for routine (cyclically scheduled) maintenance and “Extra Work” line items in the various accounts. The EAs will be adjusted accordingly in the amended budget to account for the difference between the budgeted increase and the actual increase in contract expenditures. The contract spending limit of $1,146,600 includes a contingency of $149,560 for unforeseen work resulting from wind events or other emergencies. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This item addresses the City Council’s Core Values of promoting and enhancing a safe and healthy community for all while providing and maintaining high quality outdoor spaces. ATTACHMENTS: None. Page 183 DATE:June 21, 2023 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Matt Burris, Deputy City Manager / Acting PW Services Director Jeff Benson, Parks and Landscape Superintendent Paul Fisher, Management Analyst III SUBJECT:Consideration of Amendment No. 6 to Contract CO 16-262 with BrightView Landscape Services for Landscape, Irrigation, and Parks Maintenance for PD-85 Parks in an Amount Not to Exceed $323,800. (CITY) RECOMMENDATION: Staff recommends the City Council approve Amendment No. 6 to contract CO 16-262 with BrightView Landscape Services, extending the term of the contract to June 30, 2024, in an amount not to exceed $323.800, contingent upon the approval of the FY 2023/24 budget. BACKGROUND: On November 16, 2016, the City Council accepted the bids received for landscape services and awarded contract CO 16-262 to BrightView Landscape Services for Landscape, Irrigation, and Parks Maintenance for PD-85 Parks. Currently, all parks in PD-85 are maintained at Service Level C as defined by the contract specifications. If approved, Amendment No. 6 to contract CO 16-262 will extend the term of the contract to June 30, 2024, with an 8% rate increase. A copy of this agreement is available in the City Clerk’s Office. ANALYSIS: BrightView Landscape Services has submitted a Letter of Intent expressing their desire to continue providing service to the City of Rancho Cucamonga during FY 2023/24. Due to substantial increases in labor, material, and fuel costs, BrightView is requesting an 8% rate increase for FY 2023/24. BrightView Landscape Services continues to meet the service needs of the City and staff believes the requested increase is reasonable. Therefore, staff recommends the City Council approve the renewal of contract CO 16-262 effective July 1, 2023 and approve the spending limit of $323,800 for FY 2023/24. FISCAL IMPACT: The proposed FY 2023/24 Budget includes $294,360 in account 1848303-5300 for Landscape Maintenance in PD-85 Parks. The funding breakdown is shown in the following table: Page 184 Page 2 1 8 5 8 Account Description Amount 1848303-5300 Park Maintenance Contract – Heritage $142,500 1848303-5300 Park Maintenance Contract – Red Hill $140,860 1848303-5300 Irrigation Repairs $11,000 Total $294,360 The proposed FY 2023/24 budget includes a 10% increase for routine (cyclically scheduled) maintenance and “Extra Work” line items in the various accounts. The EAs will be adjusted accordingly in the amended budget to account for the difference between the budgeted increase and the actual increase in contract expenditures. The contract spending limit of $323,800 includes a contingency of $29,440 for unforeseen work resulting from wind events or other emergencies. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This item addresses the City Council’s Core Values of promoting and enhancing a safe and healthy community for all while providing high quality outdoor spaces. ATTACHMENTS: None. Page 185 DATE:June 21, 2023 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Matt Burris, Deputy City Manager / Acting PW Services Director Jeff Benson, Parks and Landscape Superintendent Paul Fisher, Management Analyst III SUBJECT:Consideration of Amendment No. 6 to Contract CO 17-140 with Mariposa Landscapes, Inc. for Landscape and Irrigation Maintenance on the Haven Avenue and Foothill Boulevard Medians, in an Amount Not to Exceed $297,570. (CITY) RECOMMENDATION: Staff recommends the City Council approve Amendment No. 6 to contract CO 17-140 with Mariposa Landscapes, Inc., extending the term of the contract to June 30, 2024, in an amount not to exceed $297,570, contingent upon the approval of the FY 2023/24 budget. BACKGROUND: On June 21, 2017, the City Council accepted the bids received for landscape services and awarded contract CO 17-140 to Mariposa Landscapes, Inc. for landscape and irrigation maintenance on the Haven Avenue and Foothill Boulevard Medians. The initial term of the contract was one year, with the option to renew in one (1) year increments up to a total of six (6) additional years through June 30, 2024. Included in the contract is tiered pricing for Service Levels A through C as defined in the contract specifications. Routine maintenance is currently performed at Service Level B at all sites on the Haven and Foothill medians. If approved, Amendment No. 6 to contract CO 17-140 will extend the term of the contract to June 30, 2024, with a reduction in the scope of work in-lieu of a rate increase for routine (cyclically scheduled) maintenance and a 7.5% increase to “extra work” line items. A copy of this agreement is available in the City Clerk’s Office. ANALYSIS: Mariposa Landscapes, Inc. has submitted a Letter of Intent expressing their desire to continue providing service to the City of Rancho Cucamonga during FY 2023/24. Due to substantial increases in the cost of providing tree maintenance services, Mariposa Landscapes, Inc. is requesting the removal of the tree trimming task component from the scope of work for routine maintenance. The reduction in scope of work is in-lieu of a rate increase for the routine maintenance portion of the contract. The tree trimming work previously done by Mariposa along the Haven and Foothill medians will be completed by the City’s tree maintenance contractor which is able to complete this work more economically. Mariposa Landscapes, Inc. continues to meet the service needs of the City and staff recommends the City Council approve the renewal of contract CO 17-140 effective July 1, 2023 and approve the spending limit of $297,570 for FY Page 186 Page 2 1 8 7 1 2023/24. FISCAL IMPACT: The proposed FY 2023/24 Budget includes $258,760 for landscape and irrigation maintenance on the Haven Avenue and Foothill Boulevard Medians. The funding breakdown is shown in the following table: Account Funding Source Amount 1001319-5300 General Fund $38,120 1130303-5300 LMD 1 $23,480 1133303-5300 LMD 3B $149,770 1134303-5300 LMD 4R $37,590 1139303-5300 LMD 9 $9,800 Total $258,760 The proposed FY 2023/24 budget includes a 10% increase, totaling $19,920, for routine (cyclically scheduled) maintenance across the five funding sources. This amount will be transferred from object code 5300 to object code 5310 and encumbered with the City’s tree maintenance contractor who will now perform the tree maintenance work. The “Extra Work” line items such as irrigation repairs and plant material replacement, were also increased 10% in the proposed FY 2023/24 budget. The EAs will be adjusted accordingly in the amended budget to account for the difference between the budgeted increase and the actual increase in contract expenditures. The contract spending limit of $297,570 includes a contingency of $38,810 for unforeseen work resulting from wind events or other emergencies. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This item addresses the City Council’s Core Values of promoting and enhancing a safe and healthy community for all while providing and maintaining high quality outdoor spaces. ATTACHMENTS: None. Page 187 DATE:June 21, 2023 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Matt Burris, Deputy City Manager / Acting PW Services Director Jeff Benson, Parks and Landscape Superintendent Paul Fisher, Management Analyst III SUBJECT:Consideration of Amendment No. 6 to Contract CO 19-187 with West Coast Arborists, Inc. for Citywide Tree Maintenance Services in an Amount Not to Exceed $1,630,660. (CITY) RECOMMENDATION: Staff recommends the City Council approve Amendment No. 6 to contract CO 19-187 with West Coast Arborists, Inc., extending the term of the contract to June 30, 2024, in an amount not to exceed $1,630,660. BACKGROUND: On December 4, 2019, the City Council awarded contract CO 19-187 to West Coast Arborists, Inc. for citywide tree maintenance services. These services include grid trimming, pruning, tree removals, stump grinding, planting, staking, pest control, fertilizing, watering, emergency response, and arborist services for City owned and maintained trees. The areas of work include LMDs, CFDs, PD85, and General Fund parkways, paseos, medians, parks, and City facilities. This contract has an option to renew in one year increments up to a total of seven years ending on June 30, 2027. If approved, Amendment No. 6 to contract CO 19-187 will extend the term of the contract to June 30, 2024, with a 4.6% rate increase. A copy of this agreement is available in the City Clerk’s Office. ANALYSIS: West Coast Arborists, Inc. has submitted a Letter of Intent expressing their desire to continue providing service to the City of Rancho Cucamonga during FY 2023/24 with an 4.6% rate increase. The requested increase is equal to the change in the March Riverside-San Bernardino- Ontario Region Consumer Price Index (CPI-U). West Coast Arborists, Inc. continues to meet the service needs of the City and staff recommends the City Council approve the renewal of contract CO 19-187 effective July 1, 2023 and approve the spending limit of $1,630,660 for FY 2023/24. Page 188 Page 2 1 8 8 0 FISCAL IMPACT: The proposed FY 2023/24 Budget includes $1,338,880 for citywide tree maintenance services. The funding breakdown is shown in the following table: Account Funding Source Amount 1001318-5650 Streets Maintenance $50,000 1001319-5310 Parks Maintenance $414,120 1130303-5310 LMD 1 $132,670 1131303-5310 LMD 2 $284,240 1133303-5310 LMD 3B $25,980 1133320-5310 LMD 3B - Metrolink $8,500 1134303-5310 LMD 4R $106,130 1136303-5310 LMD 6R $65,310 1137303-5310 LMD 7 $78,410 1138303-5310 LMD 8 $9,000 1139303-5310 LMD 9 $56,560 1140303-5310 LMD 10 $21,090 1700312-5310 Sports Complex $37,400 1848303-5310 PD 85 $24,380 1868303-5310 CFD 2000-03 $25,000 Total $1,338,880 The contract spending limit of $1,630,660 includes a contingency of $291,780 for unforeseen work resulting from wind events or other emergencies. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This item addresses the City Council’s Core Values of promoting and enhancing a safe and healthy community for all while providing and maintaining high quality outdoor spaces. ATTACHMENTS: None. Page 189 DATE:June 21, 2023 TO:President and Members of the Board of Directors FROM:John R. Gillison, City Manager INITIATED BY:Mike McCliman, Fire Chief Darci Vogel, Fire Business Manager Ruth Cain, Procurement Manager SUBJECT:Consideration of Amendment No. 6 to the Professional Services Agreement with 360 Deep Cleaning Services, LLC for Janitorial Services. (FIRE) RECOMMENDATION: Staff recommends that the Fire Board approve amendment No. 006 to the Professional Services Agreement, FD 2020-005, with 360 Deep Cleaning Services, LLC for janitorial services and enhanced disinfecting and surface sterilization services. This will amend the term of the Agreement to a month-to-month basis pending the award of a new janitorial contract. BACKGROUND: In response to the COVID-19 pandemic, the Fire District identified the need for enhanced cleaning, sterilization, and decontamination services in order to mitigate the spread of the virus in fire stations and other facilities where first responders are housed or congregate in the performance of their duties. Enhanced measures include aerosolized fogging decontamination of large surface areas and additional cleaning of likely surface exposure areas in frequent contact by Fire District personnel and visitors. On July 1, 2020, the Fire District and 360 Deep Cleaning Services entered into a Professional Services Agreement (PSA), FD 2020-005, for janitorial services and enhanced disinfecting and surface sterilization services. The Fire District amended the contract four times to incrementally increase the total compensation from $19,999 to $100,000 in order to ensure the safety Fire District personnel and visitors of services during the COVID-19 pandemic. On October 20, 2021, the Fire Board approved amendment No. 005, which increased the total contract amount from $100,000 to $300,000 through June 30, 2023, and approved 360 Deep Cleaning Services as a single source vendor. This reduced the risk factors associated with procuring new janitorial and cleaning services during the still active pandemic and ensured there were no gaps in service that could compromise the safety and well-being of Fire District personnel. ANALYSIS: Fire District staff provided detailed specifications for janitorial services to the Procurement Division. Formal Request for Proposal (RFP) #22/23-011 was prepared and posted on April 20, 2023 to PlanetBids, the City’s automated procurement system. Janitorial vendors submitted their proposals on June 12, 2023. Evaluation of these proposals is currently underway with an Page 190 Page 2 1 8 9 8 expected completion date in mid-July. Once the evaluation process is complete, Staff will bring the new janitorial contract to the Fire Board for approval. Pending the award of a new janitorial contract, Staff recommends that the Fire Board approve amendment No. 006 to PSA FD 2020-005 with 360 Deep Cleaning Services, to amend the term of the Agreement to a month-to-month basis. Amending the term will ensure there are no gaps in service while staff completes the evaluation process and a new janitorial contract is awarded, as well as the potential transition to a new janitorial vendor. FISCAL IMPACT: Janitorial services are allocated in the Fire Fund under account 3281529-5304 (Fire Facilities Maintenance). Sufficient funding is available for this contract amendment. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item brings together portions of the City Council / Fire Board’s vision and core value by providing a sustainable City and promoting a safe and healthy community for all. This is accomplished by providing janitorial services and enhanced disinfecting and surface sterilization services in fire stations and other facilities where first responders are housed or congregate in the performance of their duties. ATTACHMENTS: None Page 191 DATE:June 21, 2023 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Matt Burris, Deputy City Manager / Acting PW Services Director Jeff Benson, Parks and Landscape Superintendent Paul Fisher, Management Analyst III SUBJECT:Consideration of Amendment No. 7 to Contract CO 16-148 with BrightView Landscape Services for Landscape, Irrigation, and Parks Maintenance for Landscape Maintenance District 1 Parks in an Amount Not to Exceed $353,620. (CITY) RECOMMENDATION: Staff recommends the City Council approve Amendment No. 7 to contract CO 16-148 with BrightView Landscape Services, extending the term of the contract to June 30, 2024, in an amount not to exceed $353,620, contingent upon the approval of the FY 2023/24 budget. BACKGROUND: On June 15, 2016, the City Council accepted the bids received for “Landscape, Irrigation, and Parks Maintenance for Landscape Maintenance District 1 Parks” and awarded contract CO 16- 148 to BrightView Landscape Services for the complete maintenance of parks located in Landscape Maintenance District 1 (LMD-1). Currently, all parks in LMD 1 are maintained at Service Level C as defined by the contract specifications. If approved, Amendment No. 7 to contract CO 16-148 extends the term of the contract to June 30, 2024, with an 8% rate increase. A copy of this agreement is available in the City Clerk’s Office. ANALYSIS: BrightView Landscape Services has submitted a Letter of Intent expressing their desire to continue providing service to the City of Rancho Cucamonga during FY 2023/24. Due to substantial increases in labor, material, and fuel costs, BrightView is requesting an 8% rate increase for FY 2023/24. BrightView Landscape Services continues to meet the service needs of the City and staff believes the requested increase is reasonable. Therefore, staff recommends the City Council approve the renewal of contract CO 16-148 effective July 1, 2023 and approve the spending limit of $353,620 for FY 2023/24. FISCAL IMPACT: The proposed FY 2023/24 Budget includes $321,470 in account 1130303-5300 for Landscape Maintenance in LMD 1 Parks. The funding breakdown is shown in the following table: Page 192 Page 2 1 8 5 4 Account Description Amount 1130303-5300 Landscape Maintenance/Parks $311,470 1130303-5300 Parks Field Renovations $10,000 Total $321,470 The proposed FY 2023/24 budget includes a 10% increase for routine (cyclically scheduled) maintenance and “Extra Work” line items in the various accounts. The EAs will be adjusted accordingly in the amended budget to account for the difference between the budgeted increase and the actual increase in contract expenditures. The contract spending limit of $353,620 includes a contingency of $32,150 for unforeseen work resulting from wind events or other emergencies. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This item addresses the City Council’s Core Values of promoting and enhancing a safe and healthy community for all while providing high quality outdoor spaces. ATTACHMENTS: None. Page 193 DATE:June 21, 2023 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Matt Burris, Deputy City Manager / Acting PW Services Director Jeff Benson, Parks and Landscape Superintendent Paul Fisher, Management Analyst III SUBJECT:Consideration of Amendment No. 7 to Contract CO 17-142 with Mariposa Landscapes, Inc. for Landscape and Irrigation Maintenance for General Fund and LMD 3B Parkways and Medians, in an Amount Not to Exceed $925,010. (CITY) RECOMMENDATION: Staff recommends the City Council approve Amendment No. 7 to contract CO 17-142 with Mariposa Landscapes, Inc., extending the term of the contract to June 30, 2024, in an amount not to exceed $925,010, contingent upon the approval of the FY 2023/24 budget. BACKGROUND: On June 21, 2017, the City Council accepted the bids received for landscape services and awarded contract CO 17-140 to Mariposa Landscapes, Inc. for landscape and irrigation maintenance for general fund and LMD 3B parkways and medians. The initial term of the contract was one year, with the option to renew in one (1) year increments up to a total of six (6) additional years through June 30, 2024. Currently all sites on general fund and LMD 3B parkways and medians are maintained at Service Level B. If approved, Amendment No. 7 to contract CO 17- 142 will extend the term of the contract to June 30, 2024, with a 7.5% rate increase for routine (cyclically scheduled) maintenance and “extra work” line items. A copy of this agreement is available in the City Clerk’s Office. ANALYSIS: Mariposa Landscapes, Inc. has submitted a Letter of Intent expressing their desire to continue providing service to the City of Rancho Cucamonga during FY 2022/23. Mariposa Landscapes, Inc. is requesting an 7.5% rate increase for routine (cyclically scheduled) maintenance and “extra work” line items to cover increases in labor, material, and fuel costs. Mariposa Landscapes, Inc. continues to meet the service needs of the City and staff recommends the City Council approve the renewal of contract CO 17-142 effective July 1, 2023 and approve the spending limit of $925,010 for FY 2023/24. FISCAL IMPACT: The proposed FY 2023/24 Budget includes $749,360 for landscape and irrigation maintenance for general fund and LMD 3B parkways and medians. In addition, the proposed budget includes Page 194 Page 2 1 8 7 3 an additional $55,000 for parkway weed abatement in non-landscaped areas which may be used on various contracts as needed. The funding breakdown is shown in the following table: Account Funding Source Amount 1001318-5300 General Fund – Streets Maintenance $55,000 1001319-5300 General Fund – Parks Maintenance $574,370 1133303-5300 LMD 3B - Medians $174,990 Total $804,360 The proposed FY 2023/24 budget includes a 10% increase for routine (cyclically scheduled) maintenance and “Extra Work” line items in accounts 1001319-5300 and 1133303-5300. The EAs will be adjusted accordingly in the amended budget to account for the difference between the budgeted increase and the actual increase in contract expenditures. The contract spending limit of $925,010 includes a contingency of $120,650 for unforeseen work resulting from wind events or other emergencies. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This item addresses the City Council’s Core Values of promoting and enhancing a safe and healthy community for all while providing and maintaining high quality outdoor spaces. ATTACHMENTS: None. Page 195 DATE:June 21, 2023 TO:Mayor and Members of the City Council President and Members of the Boards of Directors FROM:John R. Gillison, City Manager INITIATED BY:Matt Burris, Deputy City Manager / Acting PW Services Director Mike McCliman, Fire Chief Jeff Benson, Parks and Landscape Superintendent SUBJECT:Consideration of Amendment No. 8 to Contract CO 17-143 with Mariposa Landscapes, Inc. for Park Mowing and Facility Landscape Maintenance in an Amount Not to Exceed $943,540 ($857,290 [City] and $86,250 [Fire]). (CITY/FIRE) RECOMMENDATION: Staff recommends the City Council/Board of Directors approve Amendment No. 8 to contract CO 17-143 with Mariposa Landscapes, Inc., extending the term of the contract to June 30, 2024, in an amount not to exceed $943,540 ($857,290 for City Facilities and $86,250 for Fire Facilities), contingent upon the approval of the FY 2023/24 budget. BACKGROUND: On June 21, 2017, the City Council accepted the bids received for park mowing and facility landscape maintenance, and awarded contract CO 17-143 to Mariposa Landscapes, Inc. The initial term of the contract was one year, with the option to renew in one (1) year increments up to a total of six (6) additional years through June 30, 2024. Currently all parks and landscapes are maintained at Service Level A. If approved, Amendment No. 8 to contract CO 17-143 will extend the term of the contract to June 30, 2024, with a 7.5% rate increase for routine (cyclically scheduled) maintenance and “extra work” line items. A copy of this agreement is available in the City Clerk’s Office. ANALYSIS: Mariposa Landscapes, Inc. has submitted a Letter of Intent expressing their desire to continue providing service to the City of Rancho Cucamonga during FY 2023/24. Mariposa Landscapes, Inc. is requesting an 7.5% rate increase for routine (cyclically scheduled) maintenance and “extra work” line items to cover increases in labor, material, and fuel costs. Mariposa Landscapes, Inc. continues to meet the service needs of the City and staff recommends the City Council approve the renewal of contract CO 17-143 effective July 1, 2023 and approve the spending limit of $943,540 ($857,290 for City Facilities and $86,250 for Fire Facilities) for FY 2023/2024. Page 196 Page 2 1 8 7 4 FISCAL IMPACT: The proposed FY 2023/24 Budget includes $820,470 for park mowing and facility landscape maintenance in various general and special funds. The funding breakdown is shown in the following table: Account Funding Source Amount 1001318-5300 Streets Maintenance $55,000 1001319-5300 Parks Maintenance $290,380 1131303-5300 LMD 2 $115,700 1133320-5300 LMD 3B (Metrolink) $53,330 1134303-5300 LMD 4R $91,110 1137303-5300 LMD 7 $24,140 1139303-5300 LMD 9 $30,210 1140303-5300 LMD 10 $11,500 1868203-5300 CFD 2000-03 $74,100 3281529-5300 Fire Facilities $75,000 Total $820,470 The proposed FY 2023/24 budget includes a 10% increase for routine (cyclically scheduled) maintenance and “Extra Work” line items in the various accounts. The EAs will be adjusted accordingly in the amended budget to account for the difference between the budgeted increase and the actual increase in contract expenditures. The contract spending limit of $943,540 includes a contingency of $123,070 for unforeseen work resulting from wind events or other emergencies. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item addresses the City Council’s Core Values of promoting and enhancing a safe and healthy community for all while providing and maintaining high quality outdoor spaces. ATTACHMENTS: None. Page 197 DATE:June 21, 2023 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Matt Burris, Deputy City Manager / Acting PW Services Director Jeff Benson, Parks and Landscape Superintendent Paul Fisher, Management Analyst III SUBJECT:Consideration of Amendment No. 13 to Contract CO 2012-009 with BrightView Landscape Services for Maintenance of Parkway, Paseo, and Median Landscapes within Landscape Maintenance Districts 1 and 5 in an Amount Not to Exceed $300,720. (CITY) RECOMMENDATION: Staff recommends the City Council approve Amendment No. 13 to contract CO 2012-009 with BrightView Landscape Services, extending the term of the contract to June 30, 2024, in an amount not to exceed $300,720, contingent upon the approval of the FY 2023/24 budget. BACKGROUND: On March 21, 2012, the City Council accepted the bids received and awarded contract CO 2012- 009 to BrightView Landscape Services for the maintenance of landscape and irrigation within Landscape Maintenance Districts 1, 2, 4R, and 5. This contract, as amended, had an option to renew in one-year increments. On June 19, 2019, the City Council approved a one-year extension to allow time to re-bid these services. RFP 19/20-011 (LMDs 1 and 5), RFP 19/20-012 (LMD 2) and RFP 19/20-013 (LMD 4R) were posted to the City’s automated procurement system and proposals were received on September 19, 2019. RFP 19/20-012 and RFP 19/20-013 were successful and new contracts were awarded by Council on April 1, 2020 for landscape maintenance in LMDs 2 and 4R. Unfortunately, following the evaluation of the written proposals and vendor interviews, it was determined the proposals received for LMDs 1 and 5 did not meet the needs of the City. In order to provide continuity of services in LMDs 1 and 5, it is necessary to extend the term of contract CO 2012-009 an additional year. Contract No. CO 2012-009 provides tiered pricing for Service Levels A through C as defined in the contract specifications. Currently, the landscape site in LMD 5 is maintained at Service Level A and LMD 1 sites are maintained at Service Level C. If approved, Amendment No. 13 to contract CO 2012-009 will amend the contract to extend the term an additional year to June 30, 2024, with an 8% rate increase. A copy of this agreement is available in the City Clerk’s Office. Page 198 Page 2 1 8 7 0 ANALYSIS: BrightView Landscape Services has submitted a Letter of Intent expressing their desire to continue providing service to the City of Rancho Cucamonga during FY 2023/24. Due to substantial increases in labor, material, and fuel costs, BrightView is requesting an 8% rate increase for FY 2023/24. BrightView Landscape Services continues to meet the service needs of the City and staff believes the requested increase is reasonable. Therefore, staff recommends the City Council approve the renewal of contract CO 2012-009 effective July 1, 2023 and approve the spending limit of $300,720 for FY 2023/24. FISCAL IMPACT: The proposed FY 2023/24 Budget includes $273,380 for parkway, paseo, and median island landscape maintenance in LMDs 1 and 5. The funding breakdown is shown in the following table: Account Funding Source Amount 1130303-5300 LMD 1 $272,330 1135303-5300 LMD 5 $1,050 Total $273,380 The contract spending limit of $300,720 includes a 10% contingency of $27,340 for unforeseen work resulting from wind events or other emergencies. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This item addresses the City Council’s Core Values of promoting and enhancing a safe and healthy community for all while providing high quality outdoor spaces. ATTACHMENTS: None. Page 199 DATE:June 21, 2023 TO:Mayor and Members of the City Council President and Members of the Boards of Directors FROM:John R. Gillison, City Manager INITIATED BY:Mike McCliman, Fire Chief Augie Barreda, Deputy Fire Chief Joseph Ramos, Emergency Management Coordinator SUBJECT:Consideration to Accept the Emergency Management Performance Grant Revenue in the Amount of $35,016, Awarded by the California Office of Emergency Services and Administered by the San Bernardino County Fire Department, Office of Emergency Services for Fiscal Year 2022. (CITY/FIRE) RECOMMENDATION: Staff recommends the City Council / Fire Board accept grant revenue in the amount of $35,016 awarded by the California’s Governor’s Office of Emergency Services and administered by the San Bernardino County Fire Department, Office of Emergency Services under Fiscal Year (FY) 2022 Emergency Management Performance Grant (EMPG). The grant funding will be used for personnel costs within the Emergency Management Division. BACKGROUND: The EMPG FY 2022 funding is a non-competitive grant designated for each of the twenty-four cities and towns within the County as members of the Operation Area (OA). Each jurisdiction is allocated a $10,000 base, with the remainder of the grant distributed on a per capita basis to each eligible jurisdiction. Funds must be used to support local emergency management program activities that contribute to the State’s Goals and Objectives, and the County’s OA’s capability to prevent, prepare for, mitigate against, respond to, and recover from emergencies and disasters, whether natural or man-made. Although the allocation may vary each year, the City receives this funding annually. ANALYSIS: The City of Rancho Cucamonga will continue to use these funds to assist with the implementation and execution of the Fire District’s overall Emergency Management programs. This includes the coordination and development of the Auxiliary Communication Services (ACS) for ham radio operators and Community Emergency Response Team (CERT) programs. Also included are staff training programs such as the Accountability Officer, Emergency Operations Center, and WebEOC training. These programs fall in line with the goals and objectives of the State and County to increase the disaster resiliency in the City through education and awareness of natural and man-made disasters in our community. Page 200 Page 2 1 9 0 5 FISCAL IMPACT: Grant revenue will be received into account number 1383000-4740 (Emergency Management Performance Grant Income). Up to $35,016 of grant revenue will be utilized to offset personnel costs within the Fire District’s Emergency Management Division in account number 3281503- 5000 (Regular Salaries). COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item brings together portions of the Council’s vision and core value by providing a sustainable City and promoting a safe and healthy community for all. This is accomplished by ensuring our Emergency Management Division has the resources and tools necessary to provide City and Fire District staff, as well as community members, with the skill set needed to manage a disaster of any size. ATTACHMENTS: N/A Page 201 DATE:June 21, 2023 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Matt Burris, Deputy City Manager/ Acting PW Services Director Jeff Benson, Parks and Landscape Superintendent Kenneth Fung, Associate Engineer SUBJECT:Consideration to Accept the LMD-2 Victoria – Water Conservation/Landscape Renovation FY 20-21 Project as Complete (Contract No. 2021-022), File the Notice of Completion, and Authorize Release of Retention and Bonds. (CITY) RECOMMENDATION: Staff recommends the City Council: 1. Accept the LMD-2 Victoria – Water Conservation / Landscape Renovation FY 20-21 Project, Contract No. 2021-022, as complete. 2. Approve the final contract amount of $667,040.82. 3. Authorize the release of the Faithful Performance Bond and acceptance of Maintenance Bond. 4. Authorize the release of the Labor and Materials Bond in the amount of $633,810.00, six months after the recordation of said notice if no claims have been received. 5. Authorize the Public Works Services Director to file a Notice of Completion and release of the retention in the amount of $33,352.03, 35 days after acceptance. BACKGROUND: The LMD-2 Victoria – Water Conservation / Landscape Renovation FY 20-21 Project scope of work consisted of the removal and replacement of the existing trees, landscaping, hardscaping, irrigation systems and other related items of work along Kenyon Way from Lark Drive to Victoria Park Lane and along Lark Drive from Kenyon Way to Rochester Avenue. Pertinent information of the project is as follows: Page 202 Page 2 1 8 8 3 Budgeted Amount:$698,000.00 Publish Dates for Local Paper:November 3, 2020 and November 10, 2020 Bid Opening:December 15, 2020 Contract Award Date:March 3, 2021 Low Bidder:Southern California Landscape, Inc. Contract Amount:$633,810.00 Contingency:$64,190.00 Final Contract Amount:$667,040.82 Difference in Contract Amount:$33,230.82 (5.2 %) ANALYSIS: The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the Public Works Services Director. The net increase in the total cost of the project is a result of five (5) Contract Change Orders (CCO). Among the additional work was the installation of sleeves under the cobble hardscape for controller wires, extending the project work into side street corners, additional mulch and soil amendments and the removal and replacement of additional tree root damaged sections of concrete panels. At the end of the one-year maintenance period, if the improvements remain free from defects in materials and workmanship, the City Clerk is authorized to release the Maintenance Bond upon approval by the Public Works Services Director. FISCAL IMPACT: The Fiscal Year 2020/2021 adopted budget for this project was $400,000.00 to be funded from account number 1131303-5650 (LMD-2). An additional $298,000.00 was appropriated from LMD-2 fund balance to award this project and to have a contingency. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This project addresses the City Council core value of providing and nurturing a high quality of life for residents along Kenyon Way and Lark Drive while preserving the affected neighborhoods’ family-oriented atmosphere. ATTACHMENTS: Attachment 1 – Notice of Completion Page 203 Page 204 DATE:June 21, 2023 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 Frank A. Lopez, Principal Engineer/Assistant City Engineer Romeo M. David, Associate Engineer SUBJECT:Consideration to Accept as Complete, File the Notice of Completion and Authorize Release of Retention and Bonds for the Fiscal Year 2022/23 Local Slurry Seal Pavement Rehabilitation Project (Contract No. 2022- 144). (CITY) RECOMMENDATION: Staff recommends that the City Council: 1. Accept the Fiscal Year 2022/23 Local Slurry Seal Pavement Rehabilitation, Contract No. 2022-144 (Project), as complete; 2. Approve the final contract amount of $381,221; 3. Authorize the release of the Faithful Performance Bond 35 days after recordation of Notice of Completion and accept a Maintenance Guarantee Bond; 4. Authorize the release of the Labor and Materials Bond in the amount of $381,221, six months after the recordation of said notice if no claims have been received; 5. Authorize the City Engineer to file a Notice of Completion and release of the project retention, 35 days after recordation of Notice of Completion; and 6. Authorize the City Engineer to approve the release of the Maintenance Bond one year following the filing of the Notice of Completion if the improvements remain free from defects in material and workmanship. BACKGROUND: On November 16, 2022, the City Council awarded a construction contract to Doug Martin Contracting, Co, Inc., in the amount of $381,221 plus 10% contingency in the amount of $38,122 for the construction of the Project. A vicinity map illustrating the various neighborhood streets that received slurry seal is included as Attachment 1. A copy of the November 16, 2022 City Council Staff Report is on file with the City Clerk. The scope of work consisted of weed kill, routing and crack sealing, application of slurry seal, protecting existing utilities, installation of pavement markers and thermoplastic striping and related items of work per plans. Page 205 Page 2 1 8 8 8 ANALYSIS: The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. There were no contract change orders issued for the project. Further, a final balancing statement is not required as there were no changes in the final contract quantities placed or constructed during the contract. At the end of the one-year maintenance period, if the improvements remain free from defects in materials and workmanship, the City Clerk will release the Maintenance Bond upon approval by the City Engineer. FISCAL IMPACT: A total of $505,000 was budgeted in Fiscal Year 2022/23 from Gas Tax R&T7360 (Fund 174), which is identified under Capital Improvement Project Account No. and in the amount listed below. Account No.Funding Source Description Amount 11743035650/1022174-0 Gas Tax R&T7360 Fund (174) Local Street Rehab $505,000 Total Project Funding $505,000 The final project cost is $453,925 as shown below: Expenditure Amount Final Construction Contract $381,221 Construction Inspection Services $40,016 Construction Materials Testing $31,150 Bid Noticing Advertisement $1,538 Total Project Cost =$453,925 A total of $51,075 is remaining in the budget for this project and will be returned to the Gas tax R&T7360 (Fund 174) fund balance to be used for future capital improvement projects. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This project meets our City Council core values by promoting and enhancing a safe and healthy community for all, and by providing continuous improvement through the construction of high- quality public improvements. ATTACHMENTS: Attachment 1 - Vicinity Map Page 206 ATTACHMENT 1 PROJECT# 800‐2022‐02 FY 2022/23 LOCAL SLURRY SEAL PAVEMENT REHABILITATIONS VICINITY MAP NOT TO SCALE Project Site Page 207 DATE:June 21, 2023 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 Frank A. Lopez, Principal Civil Engineer/Assistant City Engineer Romeo David, Associate Engineer Cesar Guevara, Associate Engineer SUBJECT:Consideration of the Fiscal Year 2022/23 Major Arterial Program, Award of Contracts with Sequel Contractors, Inc. Totaling $2,467,373 for the Lemon Avenue Pavement Rehabilitation Project and the Banyan Street Pavement Rehabilitation Project, Authorization of a 10% Contingency for Both Contracts, Rejection of Bids for the Hermosa Avenue Pavement Rehabilitation Project, Cancellation of the Base Line Road Pavement Rehabilitation Project, and Appropriation of Funds in the Amount of $1,247,100 From the Road Maintenance & Rehabilitation Fund (Fund 179) and the Measure I Fund (Fund 177). These Projects are exempt from the requirements of the California Environmental Quality Act (CEQA) per 14 CCR 15301 – Existing Facilities. (CITY) RECOMMENDATION: Staff recommends that the City Council: 1. Approve the plans and specifications for the Lemon Avenue Pavement Rehabilitation Project (Lemon Avenue Project) and the Banyan Street Pavement Rehabilitation Project (Banyan Street Project) on file in the Office of the City Engineer; 2. Accept the bids received for the Lemon Avenue Project and Banyan Street Project; 3. Reject the bids received for the Hermosa Avenue Pavement Rehabilitation Project (Hermosa Avenue Project); 4. Cancel the Base Line Road Pavement Rehabilitation Project (Base Line Road Project); 5. Award and authorize the execution of a contract for the Lemon Avenue Project in the Base Bid Amount of $738,285, to the lowest responsive bidder, Sequel Contractors, Inc. (Sequel); 6. Authorize the Director of Engineering Services or his designee to approve the expenditure of a 10% contingency for the Lemon Avenue Project in the amount of $73,830; 7. Award and authorize the execution of a contract for the Banyan Street Project in the Total Bid Amount of $1,729,088, to the lowest responsive bidder, Sequel; reject bid protest; Page 208 Page 2 1 9 0 8 8. Authorize the Director of Engineering Services or his designee to approve the expenditure of a 10% contingency for the Banyan Street Project in the amount of $173,000; and 9. Authorize appropriations from fund balances in the amount of $321,350 from the Measure I Fund (Fund 177) and $925,750 from the Road Maintenance & Rehabilitation Fund (Fund 179). BACKGROUND: As part of the annual budgeting process, the Engineering Services Department identifies major arterials in need of resurfacing for inclusion in the Five-Year Capital Improvement Program and annual City Budget. The selection process for the Major Arterials Program is based on data included in the City’s Pavement Management System (PMS). The PMS is a planning tool that analyzes existing pavement conditions, assigns a Pavement Condition Index, and provides a recommended pavement treatment. Typical treatments used by the City include slurry seals, pavement resurfacing, and full pavement reconstruction. After conducting field investigations, staff confirms the data and recommendations obtained from the PMS and prepares plans, specifications, and estimates for each planned project prior to requesting bids. The existing asphalt pavement conditions for the four streets listed below (see Vicinity Map in Attachment 1) were confirmed to have deteriorated to the point that resurfacing is required to extend the life of the pavement and improve rideability and were included in the Five-Year Capital Improvement Program and Fiscal Year 2022/23 Budget for the Major Arterial Program. •Lemon Avenue from Haven Avenue to Marbella Drive (Lemon Avenue Project) •Banyan Street from Haven Avenue to Rochester Avenue (Banyan Street Project) •Hermosa Avenue from Wilson Avenue to the North City Limits (Hermosa Avenue Project) •Base Line Road from Day Creek Boulevard to Forester Place (Base Line Road Project) In general, the rehabilitation treatment for streets such as those listed above involves the use of an asphalt rubber hot mix overlay to apply a new layer of asphalt to the roadway surface thus utilizing the existing pavement as a base for the new overlay. This approach is intended to not only extend the life of the pavement by 15 to 20 years, but also has the added benefit of recycling used rubber tires diverting them from the landfill. ANALYSIS: Design of the four projects in the Fiscal Year 2022/23 Major Arterial Program has been completed and the projects were prepared to advertise for bids. Upon receipt of bids for the first project, the Hermosa Avenue Project, staff determined that there were inadequate funds available in the authorized budget to fully fund the construction and construction management costs for the project. It was also understood that this increase in project costs would extend to the remaining projects in the program. Analysis of the budgeted and estimated total program costs, including design and construction phases indicates that the funding gap is due to a number of factors including: (1) the need to utilize on-call engineering firms for design services to meet project deadlines; (2) the expansion of the limits for the Banyan Street Project beyond those initially anticipated during initial project planning; (3) the incorporation of active transportation improvements on Lemon Avenue to improve safety at two crosswalks used by children walking to school; and (4) significant increases in construction prices since the original budget level estimates were developed. Given the scale of this gap, funding the shortfall for all four projects from fund balance would not be fiscally prudent. Therefore, staff re-evaluated each project with a goal of focusing available funding on the highest priority projects while minimizing impact to the City’s fund balances for Gas Tax, Measure I, and the Road Maintenance & Rehabilitation Funds. Page 209 Page 3 1 9 0 8 While the recommended actions would mean deferring two of the projects, this approach seeks to ensure that funds are available in future years to sustain the larger pavement management program. Lemon Avenue Project The Lemon Avenue Project consists of resurfacing Lemon Avenue from Haven Avenue to Marbella Drive with an asphalt rubber hot mix overlay and associated work as described in the bid documents. The contract documents call for forty (40) working days to complete this project. Bids have been received for this project and as stated above, staff is recommending award of this project. A Notice Inviting Bids for the Lemon Avenue Project was released to the general contracting community and published in the Daily Bulletin on May 16, and May 23, 2023. The City Clerk’s Office facilitated the formal solicitation of bids for the project. On March 30, 2023, the City Clerk’s Office received six (6) construction bids. The Engineer’s estimate for the Project was $800,000. The apparent low bidder, Sequel, submitted a bid that totaled $738,285 for the Base Bid Amount. A full bid summary is included as Attachment 2. Staff has reviewed all bids received and found them complete and in accordance with the bid requirements with any irregularities being inconsequential. Further, staff has completed the required background investigation and finds the lowest responsive bidder, Sequel, meets the requirements of the bid documents. Banyan Street Project The Banyan Street Project consists of resurfacing Banyan Street from Haven Avenue to Rochester Avenue with an asphalt rubber hot mix overlay and associated work as described in the bid documents. The contract documents call for sixty (60) working days to complete this project. Bids have been received for this project and as stated above, staff is recommending award of this project. A Notice Inviting Bids for the Banyan Street Project was released to the general contracting community and published in the Daily Bulletin on May 16, and May 23, 2023. The City Clerk’s Office facilitated the formal solicitation of bids for the project. On May 30, 2023, the City Clerk’s Office received six (6) construction bids. The Engineer’s estimate for the Project was $1,900,000. The apparent low bidder, Sequel, submitted a bid in the amount of $1,729,088. A full bid summary is included as Attachment 3. Staff has reviewed all bids received and found them complete and in accordance with the bid requirements with any irregularities being inconsequential. Further, staff has completed the required background investigation and finds the lowest responsive bidder, Sequel, meets the requirements of the bid documents. Appeal of Award of Contract On June 6, 2023, the City received a letter from R.J. Noble Co. (RJNC) through its legal counsel serving as a Notice of Appeal of the award of a contract to Sequel. A copy of the letter without enclosures is provided here as Attachment 4 (an unabridged copy is on file with the City Clerk). The letter requests an appeal of an award of a contract to Sequel based on Section 17.14.070 of the Rancho Cucamonga Municipal Code and RJNC’s belief that Sequel’s bid was incomplete, and award of a contract constitutes granting an advantage over other bidders. While the referenced municipal code section only applies to development applications and not the award of construction contracts, staff believes that the intent of the letter is to protest the award of a contract to Sequel for the project. The City does not have a formal bid protest procedure for construction contracts; however, a response letter was provided to RJNC on June 12, 2023 (Attachment 5). Page 210 Page 4 1 9 0 8 According to the letter, RJNC asserts that Sequel failed to include the required Certification of IMSA Traffic Signal Senior Field Technician Level III (Level III Technician) with its bid and thus should be disqualified from the bidding process as non-responsive. In reviewing the bids, staff did note that the certificate for the Level III Technician was not included in the bid package. However, as acknowledged by RJNC in the letter, the bid—including the acknowledgement of the requirements to employee a Level III Technician for specified work and to maintain the required certification throughout the project—was signed by Sequel’s president. Sequel submitted the required certification on May 30, 2023. Staff reviewed the certificate and determined that it was valid at the time of bid in conformance with the requirements of the contract documents. Further, the late submittal of the certificate did not grant an advantage to Sequel in that the requirement to utilize a Level III Technician was able to be met by Sequel at the time of the bid opening. Finally, no financial advantage was conferred by the late submittal as the bid price remains unaltered and Sequel will be contractually obligated to satisfy the requirements of the contract documents. Therefore, staff believes this to be a minor irregularity similar to a bidder inadvertently forgetting to check a box or sign a form when the remainder of the bid is properly submitted and provides the necessary information to exhibit the ability and commitment of the contractor to perform the work at the price being bid. Thus, the irregularity should be waived. Hermosa Avenue Project The Hermosa Avenue Project consists of resurfacing Hermosa Avenue from Wilson Avenue to the North City Limit with asphalt rubber hot mix overlay and associated work as described in the bid documents. A Notice Inviting Bids for the Hermosa Avenue Project was released to the general contracting community and was published in the Daily Bulletin on April 25, and May 2, 2023. The City Clerk’s Office facilitated the formal bid solicitation for the Project. On May 9, 2023, the City Clerk’s office received eight (8) construction bids. The Engineer’s estimate was $610,000. The apparent low bidder RJNC submitted a bid that totaled $639,159 all inclusive. While bids have been received for this project, staff’s analysis described above ranked the Lemon Avenue and Banyan Street Projects as a higher priority with respect to current pavement condition and volume of traffic served. Therefore, staff is recommending rejection of all bids for this project as being in the best financial interest of the City at this time. This project will be re-evaluated for inclusion in the Major Arterial Program in a future fiscal year. Base Line Road Project The Base Line Road Project consists of resurfacing of Base Line Road from Day Creek Boulevard to Forester Place with asphalt rubber hot mix overlay and associated work as described in the bid documents. A Notice Inviting Bids for the Base Line Road Project was released to the general contracting community and was published in the Daily Bulletin on May 9, and May 16, 2023. However, prior to receiving bids, staff’s analysis had ranked this project below the Lemon Avenue and Banyan Street Projects in priority and thus staff issued an addendum on May 16, 2023, cancelling the invitation for bid on this project. While no bids were received, the construction contract for the Base Line Road Project has been estimated at approximately $1.9 Million. Construction Inspection and Materials Testing Services In order to ensure the materials and final work product meet or exceed the City’s plans and specifications, and that the requirements of State law are met in relation to preservation of survey monuments, materials testing, inspection, and survey services will be provided by outside consultants per separate on-call agreements. Page 211 Page 5 1 9 0 8 ENVIRONMENTAL: Staff has determined that the projects listed above are Categorically Exempt from CEQA per 14 CCR 15301 “Existing Facilities” subsection (c), Class 1. FISCAL IMPACT: Based on the latest available data—including bids and cost estimates—the total estimated remaining cost for the Fiscal Year 2022/23 Major Arterial Program consisting of all four previously planned projects is $6,059,640 and is broken down as follows: Project Estimated Remaining Cost Lemon Avenue Project $949,030 Banyan Street Project $2,200,000 Hermosa Avenue Project $760,610 Base Line Road Project $2,150,000 Estimated Project Construction Costs $6,059,640 Funding available in the Fiscal Year 2022/23 Budget for the Major Arterial Program after design and advertising costs expended to date is $2,897,860, leaving a $3,161,780 funding shortfall which is necessitating the reduction in projects recommended as part of this staff report. Account No.Funding Source Project Amount 11773035650/2098177-0 Measure I (Fund 177) Lemon Avenue Project $553,970 11773035650/2033177-0 Measure I (Fund 177) Banyan Street Project $360,000 11793035650/2033179-0 RMRA (Fund 179) Banyan Street Project $700,000 11743035650/2099174-0 Gas Tax (Fund 174) Hermosa Avenue Project $517,530 11793035650/2097179-0 RMRA (Fund 179) Base Line Road Project $766,360 Total Program Funding Available $2,897,860 Rejection of the bids for the Hermosa Avenue Project and cancellation of the Base Line Road Project will return $1.28 Million budgeted for these projects to the respective fund balance for use on the remaining and future projects. Lemon Avenue Project Fiscal Impact Anticipated construction costs for the Lemon Avenue Project are estimated to be as follows: Expenditure Category Amount Construction Contract $738,285 Construction Contract Contingency (10%)$73,830 Construction Inspection Services $44,480 Construction Materials Services $17,060 Bid Noticing Advertisement $1,660 Estimated Project Construction Costs $875,315 Page 212 Page 6 1 9 0 8 The proposed funding plan for the Lemon Avenue Project, including an appropriation request in the amount of $321,350 from the Measure I Fund (Fund 177) is as follows: Account No.Funding Source Project Amount 11773035650/2098177-0 Measure I (Fund 177) Lemon Avenue Project $553,970 Appropriation Request 11773035650/2098177-0 Measure I (Fund 177) Lemon Avenue Project $321,350 Proposed Project Funding – Lemon Avenue Project $875,320 Sufficient funds are currently available in the Measure I Fund to cover the requested appropriation. Banyan Street Project Fiscal Impact Anticipated construction costs for the Banyan Street Project are estimated to be as follows: Expenditure Category Amount Construction Contract $1,729,090 Construction Contract Contingency (10%)$173,000 Construction Inspection Services $56,000 Construction Materials Services $25,990 Bid Noticing Advertisement $1,640 Estimated Project Construction Costs $1,985,720 The proposed funding plan for the Banyan Street Project, including an appropriation request in the amount of $925,750 from the Road Maintenance and Rehabilitation Fund (Fund 179) is as follows: Account No.Funding Source Project Amount 11773035650/2033177-0 Measure I (Fund 177) Banyan Street Project $360,000 11793035650/2033179-0 RMRA (Fund 179) Banyan Street Project $700,000 Appropriation Request 11793035650/2033179-0 RMRA (Fund 179) Banyan Street Project $925,750 Proposed Project Funding – Banyan Street Project $1,985,750 Sufficient funds are currently available in the Road Maintenance & Repair Fund to cover the requested appropriation. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This project meets our City Council core values by promoting and enhancing a safe and healthy community for all, and by providing continuous improvement through the construction of high- quality public improvements. Page 213 Page 7 1 9 0 8 ATTACHMENTS: Attachment 1 – Vicinity Map Attachment 2 – Bid Summary– Lemon Avenue Project Attachment 3 – Bid Summary – Banyan Street Project Attachment 4 – RJNC Appeal Letter (without Enclosure) Attachment 5 – City Response to RJNC Appeal Letter Page 214 "MAJOR ARTERIALS PROGRAM PROJECT” VARIUOUS LOCATIONS NOT TO SCALE ATTACHMENT 1 Project Site Hermosa Avenue Project Wilson Av to North City Limit Base Line Road Project Day Creek Bl to Forester Pl Banyan Street Project Haven Ave Bl to Rochester Ave Lemon Avenue Project Haven Avenue to Marbella Dr Page 215 ATTACHMENT 2 BID DATE: May 30, 2023 APPARENT LOW BIDDER 2 3 4 5 6 LEMON AVENUE PAVEMENT REHABILITATION PROJECT ENGINEER'S ESTIMATE SEQUEL CONTRACTORS, INC HARDY & HARPER, INC.THE R.J.NOBLE COMPANY ONYX PAVING COMPANY INC ALL AMERICAN ASPHALT MATCH CORPORATION BASE BID UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID NO QTY UNIT DESCRIPTION COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT 1 2 1 1 1 LS Mobilization (including clearing, grubbing, & removal - including disposal) LS Traffic control LS Construction staking (for ramps only) $67,287.18 $53,829.74 $6,000.00 $4.00 $67,287.18 $53,829.74 $6,000.00 $21,176.00 $10,055.75 $8,690.00 $263,120.00 $10,500.00 $10,080.00 $720.00 $46,883.00 $50,000.00 $16,500.00 $2.50 $5.50 $10.00 $140.00 $283,360.00 $1,100.00 $100.00 $700.00 $46,883.00 $35,030.00 $50,000.00 $94,200.00 $16,500.00 $20,600.00 $35,030.00 $94,200.00 $20,600.00 $12,705.60 $6,935.00 $7,584.00 $70,000.00 $20,000.00 $21,000.00 $3.00 $70,000.00 $20,000.00 $21,000.00 $15,882.00 $13,176.50 $7,505.00 $77,000.00 $77,000.00 $27,000.00 $3.00 $77,000.00 $82,000.00 $77,000.00 $92,000.00 $27,000.00 $20,000.00 $82,000.00 $191,000.00 $191,000.00 $92,000.00 $59,000.00 $20,000.00 $15,000.00 $59,000.00 $15,000.00 $18,529.00 $11,096.00 $9,638.00 3 4 5,294 1,387 790 2,024 15 28 2 5,361 SY Variable cold plane from 0" - 2"$13,235.00 $7,628.50 $7,900.00 $2.40 $5.00 $9.60 $15,882.00 $15,257.00 $11,850.00 $8.00 $11.73 $13.77 $42,352.00 $16,269.51 $10,878.30 $261,096.00 $20,700.00 $3,080.00 $3.50 $8.00 $12.20 5 SY Grind heavy alligator surface for a depth of 3" SY Grind heavy alligator surface with header cut from 3" - 4" TN Install 2" thick ARHM EA Adjust manhole cover to grade EA Adjust water valve cover to grade $7.25 $11.00 $9.50 $9.50 $11.00 $15.00 $137.00 $277,288.00 $800.00 $100.00 $100.00 $15.00 6 7 $130.00 $700.00 $360.00 $360.00 $20.00 $135.00 $273,240.00 $125.00 $253,000.00 $1,100.00 $250.00 $129.00 $1,380.00 $110.00 $1,100.00 $20.00 $140.00 $283,360.00 8 $16,500.00 $2,800.00 $1,400.00 $1,100.00 $265.00 $110.00 $16.00 $16,500.00 $7,420.00 $220.00 $16,500.00 $7,000.00 $2,200.00 $12,000.00 $2,800.00 $200.00 $1,580.00 $134.00 $134.00 $15.00 $23,700.00 $3,752.00 $268.00 9 10 11 EA Adjust gas valve cover to grade with frame $1,100.00 $2,200.00 SF Construct P.C.C access ramp including sidewalk and AC slot pavement per ramp detail including sawcut, removal & disposal of existing P.C.C TN Construct AC concrete pavement D2 PG6410 asphalt concrete at various grind and patch (Thickness varies see plans) LF Construct P.C.C curb & gutter per ramp detail and bulb out including sawcut, removal & disposal of existing curb and gutter $107,220.00 $20.50 $109,900.50 $85,776.00 $25.00 $134,025.00 $80,415.00 $107,220.00 $80,415.00 12 13 230 612 $160.00 $70.00 $36,800.00 $42,840.00 $156.00 $75.00 $35,880.00 $45,900.00 $212.00 $102.00 $48,760.00 $62,424.00 $170.00 $120.00 $39,100.00 $73,440.00 $210.00 $84.00 $48,300.00 $51,408.00 $200.00 $73.00 $46,000.00 $44,676.00 $128.00 $85.00 $29,440.00 $52,020.00 14 15 16 458 180 1 LF Construct P.C.C retaining curb per ramp detail SF Install truncated detectable warning surfaces EA Install sign per plan on street light pole per city standard plan 401-b (See striping plan) $60.00 $50.00 $300.00 $27,480.00 $9,000.00 $300.00 $21.00 $47.00 $300.00 $9,618.00 $8,460.00 $300.00 $78.00 $48.00 $125.40 $35,724.00 $8,640.00 $125.40 $65.00 $45.00 $125.00 $29,770.00 $8,100.00 $125.00 $60.00 $100.00 $200.00 $27,480.00 $18,000.00 $200.00 $50.00 $46.00 $130.00 $22,900.00 $8,280.00 $130.00 $60.00 $100.00 $157.00 $27,480.00 $18,000.00 $157.00 17 18 19 20 10 2 6 EA Install sign and post per plan and city standard plan 401-b (See striping plan). EA Install sign per plan on existing sign post (See striping plan). EA Remove and salvage sign per plan (See striping plan) EA Furnish and install RRFB and pole assembly (including conduit, wirings per plan & spec complete in-place) $300.00 $300.00 $215.00 $3,000.00 $600.00 $1,290.00 $80,000.00 $300.00 $110.00 $50.00 $3,000.00 $220.00 $300.00 $300.00 $110.00 $16.00 $3,000.00 $220.00 $96.00 $52,800.00 $300.00 $115.00 $16.00 $3,000.00 $230.00 $96.00 $52,000.00 $300.00 $200.00 $111.00 $3,000.00 $400.00 $666.00 $310.00 $116.00 $17.00 $3,100.00 $232.00 $102.00 $280.00 $157.00 $96.00 $2,800.00 $314.00 $576.00 4 $20,000.00 $12,500.00 $50,000.00 $13,200.00 $13,000.00 $16,000.00 $64,000.00 $15,000.00 $60,000.00 $16,000.00 $64,000.00 21 1 LS Traffic thermoplastic striping per signing & striping plans complete in place (All striping $40,000.00 and legend shall be thermoplastic) $40,000.00 $28,500.00 $28,500.00 $28,000.00 $28,000.00 $28,000.00 $28,000.00 $37,854.00 $37,854.00 $29,000.00 $29,000.00 $26,000.00 $26,000.00 TOTAL BASE BID AMOUNT:$799,988.67 $738,285.00 $800,000.00 $794,149.50 $848,000.00 $872,215.81 $916,545.00 DEDUCTIVE BID ITEMS (TO BE DELETED/REMOVED FROM BASE BID)UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID NO QTY UNIT DESCRIPTION COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT A B C D 461 149 47 SF P.C.C access ramp at bulb out LF P.C.C curb & gutter from bulb out SF Truncated detectable warning surfaces EA Furnish and install RRFB and pole assembly (including conduit, wirings per plan & spec complete in-place) $20.00 $70.00 $50.00 $9,220.00 $10,430.00 $2,350.00 $80,000.00 $20.50 $75.00 $47.00 $9,450.50 $11,175.00 $2,209.00 $16.00 $102.00 $48.00 $7,376.00 $15,198.00 $2,256.00 $52,800.00 $18.00 $90.00 $35.00 $8,298.00 $13,410.00 $1,645.00 $44,000.00 $15.00 $84.00 $100.00 $6,915.00 $12,516.00 $4,700.00 $20.00 $73.00 $46.00 $9,220.00 $10,877.00 $2,162.00 $15.00 $85.00 $100.00 $6,915.00 $12,665.00 $4,700.00 $64,000.004$20,000.00 $12,500.00 $50,000.00 $13,200.00 $11,000.00 $13,217.25 $52,869.00 $15,000.00 $60,000.00 $16,000.00 TOTAL DEDUCTIVE BID ITEMS A-D AMOUNT :$102,000.00 $697,988.67 $72,834.50 $77,630.00 $67,353.00 $77,000.00 $82,259.00 $88,280.00 TOTAL BASE BID – (MINUS) TOTAL DEDUCTIVE BID A-D AMOUNT:$665,450.50 $722,370.00 $726,796.50 $771,000.00 $789,956.81 $828,265.00 Page 216 ATTACHMENT 3 BID SUMMARY: BID DATE: _____05/30/2023______APPARENT LOW BIDDER 2 3 4 5 6 BANYAN STREET PAVEMENT REHABILITATION PROJECT ENGINEER'S ESTIMATE Sequel Contractors, Inc R.J. Noble Matich Corporation Hardy & Harper, Inc Onyx Paving Company, Inc All American Asphalt BASE BID UNIT BID UNIT BID UNIT BID AMOUNT $85,000.00 $236,000.50 UNIT BID UNIT COST BID UNIT BID UNIT BID NO QTY UNIT DESCRIPTION LS Mobilization (including clearing, grubbing, all removals and disposal) 1 LS Traffic control COST AMOUNT COST AMOUNT COST COST AMOUNT AMOUNT COST AMOUNT COST AMOUNT 1 2 3 $98,000.00 $113,000.00 $15,000.00 $3.55 $98,000.00 $155,937.00 $113,000.00 $100,000.00 $155,937.00 $100,000.00 $35,000.00 $37,202.45 $5,062.20 $19,636.50 $84,245.00 $635,250.00 $7,700.00 $85,000.00 $50,000.00 $38,000.00 $3.15 $236,000.50 $150,000.00 $78,000.00 $168,471.60 $30,000.00 $44,138.50 $6,864.00 $20,670.00 $81,340.00 $686,070.00 $20,900.00 $5,476.00 $150,000.00 $169,000.00 $168,471.60 $222,000.00 $169,000.00 $98,550.00 $222,000.00 $223,350.00 $27,500.00 $36,663.00 $37,833.00 $13,728.00 $37,895.00 $122,010.00 $696,234.00 $8,800.00 $98,550.00 $223,350.00 $36,663.00 $41,490.19 $11,154.00 $33,761.00 $117,362.00 $686,070.00 $14,300.00 $21,275.00 $1,600.00 1 $50,000.00 $38,000.00 $39,724.65 $13,728.00 $44,785.00 $93,541.00 $655,578.00 $18,700.00 $5,550.00 $78,000.00 $30,000.00 $3.50 LS Construction staking (for ramps only) 1 $15,000.00 $44,769.05 $13,728.00 $55,120.00 $66,815.00 $686,070.00 $22,000.00 $18,500.00 $2,400.00 $35,000.00 $2.95 $10,000.00 $3.40 $10,000.00 $42,877.40 $12,012.00 $34,450.00 $92,960.00 $620,004.00 $15,400.00 $10,175.00 $550.00 $27,500.00 $3.004 5 6 7 12,611 SY Variable 0" - 2" Cold Mill Per Plan $3.29 $6.50 $9.80 1,716 SY Grind Heavy Alligator Surface for a depth of 2" 3,445 SY Grind Heavy Alligator Surface with Header Cut from 2" -4" TON Install 2" D2 PG6410 Asphalt 581 $8.00 $16.00 $115.00 $135.00 $2.95 $5.70 $8.00 $13.00 $4.00 $6.00 $7.00 $10.00 $8.00 $11.00 $145.00 $125.00 $700.00 $500.00 $500.00 $9,000.00 $161.00 $129.00 $1,700.00 $150.00 $150.00 $13,350.00 $140.00 $135.00 $1,900.00 $148.00 $148.00 $9,000.00 $160.00 $122.00 $1,400.00 $275.00 $275.00 $15,000.00 $210.00 $137.00 $800.00 $100.00 $100.00 $8,880.00 $202.00 $135.00 $1,300.00 $575.00 $800.00 8 9 10 11 TON5,082 Install 2" Asphalt Rubber Hot Mix Overlay (ARHM) EA Adjust Existing Manhole Cover to Finish Grade11 $2,000.00 $500.00 $1,200.00 $19,829.00 EA Adjust Existing Water Valve Can and Cover to Finish Grade37 EA Adjust Existing Gas Valve Can and Cover to Finish Grade 2 Construct PCC Access Ramp Including truncated detectable warning Surface, retaining curb, sidewalks, curb and gutter, spandrel, asphalt pavement slot patch, adjustment of $18,500.00 $1,000.00 $225,000.00 $3,700.00 $200.00 $222,000.00 $15,348.00 $300.00 $333,750.00 $296.00 $225,000.00$495,725.00 $375,000.00 $383,700.00 12 13 14 EA 25any utilities within the proposed ramp etc. per access ramps details on appendix complete in place. (Excluding pedestrian push button work). Furnish and Install New Polara Bulldog Pedestrian Push Button Post Assembly and Associated Conduit and Cables for a Fully Operational Pedestrian Push Button, per Caltrans Std. Plan ES-5C, ES-7A, Including Removing and Capping of Existing Push Button, Relocating (1) Existing Push Button Post Assembly $3,000.00 $30,000.00 $8,000.00 $80,000.00 $8,200.00 $82,000.00 $7,500.00 $75,000.00 $6,500.00 $65,000.00 $8,400.00 $84,000.00 $9,000.00 $90,000.00 EA 10 Traffic Thermoplastic Striping, Signs and post, signs installation to existing posts and streetlights and Markers, per plan and City & Caltrans Std. Plan Complete in Place (All Striping Including Lane Lines, Legends, Symbols, Limit Lines & Crosswalks, shall be Thermoplastic) $92,300.00 $92,300.00 $140,000.00 $140,000.00 $120,000.00 $120,000.00 $110,000.00 $110,000.00 $110,000.00 $110,000.00 $142,000.00 $142,000.00 $132,000.00 $132,000.00 LS 1 15 16 17 18 2,455 LF Install Thermoplastic Skip Green Bike Treatment Striping Per plans and details EA Furnish and Install RRFB and Pole Assembly 2 $10.00 $20,000.00 $40,000.00 $1,000.00 $24,550.00 $40,000.00 $80,000.00 $2,000.00 $21.00 $15,000.00 $50,000.00 $1,500.00 $51,555.00 $30,000.00 $100,000.00 $3,000.00 $21.00 $17,500.00 $52,000.00 $725.00 $51,555.00 $35,000.00 $104,000.00 $1,450.00 $19.00 $16,000.00 $48,000.00 $1,570.00 $46,645.00 $32,000.00 $96,000.00 $3,140.00 $20.00 $20,000.00 $45,000.00 $2,000.00 $49,100.00 $40,000.00 $90,000.00 $4,000.00 $20.00 $17,500.00 $51,000.00 $1,500.00 $49,100.00 $35,000.00 $19,000.00 $102,000.00 $55,000.00 $22.01 $54,034.55 $38,000.00 $110,000.00 $6,600.00 EA Install Video Detection System Per Plan, complete in place 2 LS Install Construction Notification Sign 2 $3,000.00 $3,300.00 TOTAL BASE BID AMOUNT:$1,899,977.05 $1,729,088.15 $1,772,661.65 $1,797,540.00 $1,890,000.00 $1,976,000.00 $2,099,909.74 NOTE: CORRECTIONS TO BID AMOUNTS SHOWN IN BOLD.Bid Package:$1,729,088.00 Page 217 Page 218 Page 219 Page 220 Page 221 Page 222 VIA U.S. MAIL & EMAIL TO MCOLLINSWORTH@CSLAWOFFICES.COM June 12, 2023 Mark T. Collinsworth, Esq. Collinsworth, Specht, Calkins & Giampaoli, LLP 4695 MacArthur Court, Suite 370 Newport Beach, CA 92660 SUBJECT: BANYAN STREET PAVEMENT REHABILITATION PROJECT RESPONSE NOTICE OF APPEAL SUBMITTED BY R.J. NOBLE CO. Dear Mr. Collinsworth: The City of Rancho Cucamonga is in receipt of your “Notice of Appeal” regarding the award of a contract for the Banyan Street Pavement Rehabilitation Project. The City Council is expected to consider the award of the contract at its meeting on June 21, 2023. As a result, there is no decision involving the contract to appeal at this time. Further, the Rancho Cucamonga Municipal Code Section purporting to grant such a right of appeal— Section 17.14.006—is not applicable to public works contracts. It applies to land use entitlements and zoning decisions. We assume your letter constitutes a bid protest. The City has no formal bid protest process in its Municipal Code. However, you are welcome to appear at the June 21, 2023 City Council Meeting to express your position. After reviewing the allegations in your letter, City staff intends to recommend that that the City Council waive any alleged irregularities and award the contract to the apparent low bidder. If you have any questions, please contact me at (909) 477-2740 or by email at Jason.Welday@CityofRC.us. Sincerely, ENGINEERING SERVICES DEPARTMENT Jason C. Welday Director of Engineering Services/City Engineer cc: Jacob Breedlove, R.J. Noble Co. (via email to JacobBreedlove@RJNobelCompany.com) Page 223 DATE:June 21, 2023 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 SUBJECT:Consideration of a Purchase and Sale Agreement with Sandra L. Davis, as Successor in Interest to Tony Beletrutti and Flora Beletrutti, Trustees Under Declaration of Trust Dated July 23, 1986, as Amended June 28, 1988 and August 8, 1989 for the Acquisition of a Permanent Public Trail Easement Located at 12089 Foothill Boulevard (Assessor's Parcel Number 0229-021-48) in Connection with the Day Creek Channel Bike Trail Project. (CITY) RECOMMENDATION: Staff recommends the City Council approve the Purchase and Sale Agreement on file with the City Clerk for the acquisition of a permanent public trail easement located at 12089 Foothill Boulevard (Assessor’s Parcel Number 0229-021-48) in connection with the Day Creek Channel Bike Trail Project (Project) and authorize the City Manager or his designee to sign the agreement and any documents necessary to complete the purchase. BACKGROUND: The Day Creek Channel Bike Trail Project will construct a new 1.4 mile Class I Bike Trail along the west side of the Day Creek Channel from Jack Benny Drive to Base Line Road. This new section of bike trail will be similar to other north-south trails in the City and will upgrade the existing flood control maintenance road running alongside the channel to accommodate cyclists and pedestrians. The planned trail will continue the City’s commitment to expanding trail access throughout the City and supports the development of the trail network as envisioned in the General Plan. When complete, the new trail segment will provide additional access for the City and region to the PE Trail, Victoria Gardens, the Epicenter Focus Area (including the RC Sports Center, the Stadium, and the Adult Sports Park), along with commercial, manufacturing, and industrial centers and destinations in the southern part of the City. The Project is primarily situated within right-of-way owned and operated by the San Bernardino County Flood Control District. The use of the District’s property will be subject to an amendment to an existing agreement between the City and the District. However, additional property rights are needed from two private property owners, Southern California Edison (SCE) and Sandra L. Davis, as Successor in Interest to Tony Beletrutti and Flora Beletrutti, Trustees Under Declaration of Trust Dated July 23, 1986, as Amended June 28, 1988 and August 8, 1989 (Beletrutti Trust). An amendment to the agreement with the Flood Control District will be presented for consideration by City Council at a later date. Staff is currently in discussions with SCE on the property rights needed from their right-of-way for the project which would provide a direct connection to the RC Page 224 Page 2 1 9 0 9 Sports Center from the Day Creek Channel Bike Trail. SCE has been open to an agreement allowing the trail connection across their property and staff is continuing to work through the process to secure those rights. It should be noted that if access across SCE’s property is delayed, the design of the project would proceed in a phased approach with access to the RC Sports Center being taken via Jack Benny Drive to Rochester Avenue in the interim. Once an agreement is reached with SCE, staff will present it for consideration by the City Council. Finally, with respect to the land owned by the Beletrutti Trust, the Project requires the acquisition of an approximate 36,600 square foot permanent public trail easement (Subject Property Interests) from the property located at 12089 Foothill Boulevard. ANALYSIS: Pursuant to Government Code Section 7260 et seq., the City of Rancho Cucamonga obtained a fair market value appraisal of the Subject Property Interests which lie within the flood control channel corridor. The City set just compensation in accordance with the appraised fair market value and extended a written offer on September 26, 2022. Following negotiation with the property owner, an agreement has been reached for purchase of the Subject Property Interests in the amount of $898. A Purchase and Sale Agreement memorializing the negotiated agreement has been prepared, executed by the property owner and is on file with the City Clerk. Following approval of the Purchase and Sale Agreement, staff will proceed with opening escrow and completing the purchase. FISCAL IMPACT: The Project is primarily funded by a $403,000 TDA/Article 3 Grant (Fund 214) from the San Bernardino County Transportation Commission that was awarded in July 2019 along with funds from the AB2766 Air Quality Improvements Fund (Fund 105). Under the Purchase and Sale Agreement, the City will purchase the Subject Property Interests from the property owner for $898. Sufficient funds have been budgeted in Account No.’s 11052085650/2014105-0 and 12143035650/2014214-0 to cover the purchase price and incidental costs related to the acquisition including escrow and title fees. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: The proposed Day Creek Channel Bike Trail Project seeks to implement the City Council’s core value of promoting and enhancing a safe and healthy community for all by expanding the City’s trail network and creating more options for mobility throughout the City. ATTACHMENTS: Attachment 1 – Vicinity Map Page 225 ATTACHMENT 1 DAY CREEK CHANNEL BIKE TRAIL PROJECT VICINITY MAP Day Creek Channel Bike Trail Project Subject Property Interests NORTH Page 226 DATE:June 21, 2023 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Robert Neiuber, Senior Human Resources Director Lucy Alvarez-Nunez, Management Analyst SUBJECT:Consideration to Adopt a Resolution Approving Salary Schedules for Job Classifications Employed by the City for Fiscal Year 2023-24. (RESOLUTION NO. 2023-064) (CITY) RECOMMENDATION: Staff recommends the City Council of the City of Rancho Cucamonga adopt the attached resolution approving salary schedules for job classifications employed by the City for the fiscal year 2023-24. 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. The City Council previously approved the existing Memorandums of Understanding (MOU) between the City and each of its bargaining units including the Executive Management Employees Group (Executive Management), Rancho Cucamonga Management Association (RCMA), Rancho Cucamonga City Employees Association (RCCEA), and Teamsters Local 1932 (Teamsters). These MOUs are currently in effect and provide for a cost-of-living adjustment (COLA) effective the first full pay period in July 2023. ANALYSIS: The attached resolution adopts the cost of living adjustments (COLA) previously negotiated and agreed upon in the existing MOUs. Updates to the salary schedules include a 2.5% COLA for job classifications employed within the Executive Management and RCCEA bargaining units and a 2% COLA for job classifications employed within the RCMA and Teamsters bargaining units effective July 3, 2023. All other salary schedules, classifications, job titles, and other terms of employment remain the same. Staff recommends the City Council approve the resolution updating the salary schedules for the fiscal year 2023-24. Page 227 Page 2 1 8 9 0 FISCAL IMPACT: Adjustments to the salary schedules and their fiscal impacts were accounted for in the FY 2023- 24 budget. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This item addresses the Council’s vision 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. ATTACHMENTS: Attachment 1 – Resolution No. 2023-064 Attachment 2 - Executive Management Group Salary Schedule Attachment 3 - Rancho Cucamonga Management Association Salary Schedule Attachment 4 - Rancho Cucamonga City Employees Association Salary Schedule Attachment 5 - Teamsters Local 1932 Salary Schedule Attachment 6 - Part-time City Positions Salary Schedule Page 228 RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING SALARY SCHEDULES FOR JOB CLASSIFICATIONS EMPLOYED BY THE CITY FOR FISCAL YEAR 2023-24. 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 job classifications employed by the City (attachments 2 – 6). PASSED, APPROVED, AND ADOPTED this 21st day of June 2023. ATTACHMENT 1 Page 229 Minimum Control Point Maximum Class Title Step Amount Step Amount Step Amount Animal Services Director 1604 $9,909 1644 $12,096 1674 $14,049 Assistant City Manager 1698 $15,835 1738 $19,332 1768 $22,452 Building and Safety Services Director 1609 $10,159 1649 $12,401 1679 $14,403 City Clerk Services Director 1594 $9,426 1632 $11,393 1675 $14,118 City Manager 1756 $21,147 1796 $25,816 1826 $29,983 Community Services Director 1627 $11,113 1667 $13,566 1697 $15,756 Deputy City Manager/Administrative Services 1647 $12,278 1687 $14,990 1717 $17,409 Deputy City Manager/Civic & Cultural Services 1647 $12,278 1687 $14,990 1717 $17,409 Deputy City Manager/ Econ. & Comm. Dev.1647 $12,278 1687 $14,990 1717 $17,409 Eng Svs Director/City Engineer 1628 $11,186 1668 $13,635 1698 $15,835 Finance Director 1637 $11,861 1677 $14,260 1707 $16,562 Human Resources Director 1621 $10,785 1661 $13,166 1691 $15,292 Innovation and Technology Director 1637 $11,861 1677 $14,260 1697 $15,756 Library Director 1615 $10,467 1655 $12,778 1685 $14,841 Planning and Economic Development Director 1625 $11,002 1665 $13,432 1695 $15,599 Public Works Services Director 1609 $10,159 1649 $12,401 1679 $14,403 Fire Chief*A $16,302 F $20,805 * 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 July 3, 2023 Resolution No. 2023- ATTACHMENT 2 Executive Management Salary Schedule July 3, 2023 Page 230 Minimum Control Point Maximum Class Title Step Amount Step Amount Step Amount Accounting Manager 2525 $6,781 2565 $8,276 2585 $9,145 Animal Center Manager 2506 $6,169 2546 $7,531 2566 $8,319 Assistant to the City Manager 2590 $9,377 2630 $11,446 2650 $12,648 Building & Safety Manager 2533 $7,058 2573 $8,614 2593 $9,519 Chief Information Security Officer 2552 $7,731 2592 $9,470 2612 $10,463 City Planner/Planning Manager 2583 $9,056 2623 $11,053 2643 $12,213 Community Affairs Manager 2565 $8,276 2605 $10,106 2625 $11,164 Community Improvement Manager 2533 $7,058 2573 $8,614 2593 $9,519 Community Services Manager 2506 $6,169 2546 $7,531 2566 $8,319 Community Services Superintendent 2536 $7,164 2576 $8,744 2596 $9,661 Cultural Center Manager 2536 $7,164 2576 $8,744 2596 $9,661 Deputy Director of Animal Services 2566 $8,319 2606 $10,155 2626 $11,219 Deputy Director of Building and Safety 2580 $8,919 2620 $10,890 2640 $12,033 Deputy Director of City Clerk Services 2543 $7,418 2583 $9,056 2603 $10,005 Deputy Director of Community Services 2598 $9,757 2638 $11,913 2658 $13,163 Deputy Director of Economic Development 2598 $9,757 2638 $11,913 2658 $13,163 Deputy Dir. Engineering/Deputy City Eng.2604 $10,055 2644 $12,276 2664 $13,563 Deputy Dir. Engineering/Utility Manager 2604 $10,055 2644 $12,276 2664 $13,563 Deputy Director of Engineering 2598 $9,757 2638 $11,913 2658 $13,163 Deputy Director of Finance 2598 $9,757 2638 $11,913 2658 $13,163 Deputy Director of Human Resources 2598 $9,757 2638 $11,913 2658 $13,163 Deputy Dir. of Innovation and Technology 2566 $8,319 2606 $10,155 2626 $11,219 Deputy Director of Library Services 2580 $8,919 2620 $10,890 2640 $12,033 Deputy Director of Planning 2598 $9,757 2638 $11,913 2658 $13,163 Deputy Director of Public Works 2598 $9,757 2638 $11,913 2658 $13,163 Economic Development Manager 2539 $7,273 2579 $8,876 2599 $9,807 Environmental Programs Manager 2539 $7,273 2579 $8,876 2599 $9,807 Facilities Superintendent 2536 $7,164 2576 $8,744 2596 $9,661 Finance Manager 2559 $8,033 2599 $9,807 2619 $10,836 Library Services Manager 2506 $6,169 2546 $7,531 2566 $8,319 Park/Landscape Maintenance Supt 2536 $7,164 2576 $8,744 2596 $9,661 Plan Check & Inspection Manager 2533 $7,058 2573 $8,614 2593 $9,519 Principal Accountant 2532 $7,023 2572 $8,571 2592 $9,470 Principal Engineer 2588 $9,283 2628 $11,333 2648 $12,522 Principal Librarian 2495 $5,840 2535 $7,129 2555 $7,874 Principal Management Analyst 2543 $7,418 2583 $9,056 2603 $10,005 Monthly Pay Ranges Effective July 3, 2023 Resolution No. 2023- ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES RANCHO CUCAMONGA MANAGEMENT ASSOCIATION ATTACHMENT 3 Rancho Cucamonga Management Association Salary Schedule July 3, 2023 Page 231 Minimum Control Point Maximum Monthly Pay Ranges Effective July 3, 2023 Resolution No. 2023- ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES RANCHO CUCAMONGA MANAGEMENT ASSOCIATION Principal Planner 2543 $7,418 2583 $9,056 2603 $10,005 Procurement Manager 2530 $6,953 2570 $8,486 2590 $9,377 Public Works Maintenance Manager 2566 $8,319 2606 $10,155 2626 $11,219 Revenue Manager 2532 $7,023 2572 $8,571 2592 $9,470 Risk Manager 2559 $8,033 2599 $9,807 2619 $10,836 Senior Civil Engineer 2579 $8,876 2619 $10,836 2639 $11,972 Senior Executive Assistant 2468 $5,104 2508 $6,230 2528 $6,883 Senior Planner 2523 $6,714 2563 $8,196 2583 $9,056 Street/Storm Drain Maintenance Supt 2536 $7,164 2576 $8,744 2596 $9,661 Traffic Engineer 2579 $8,876 2619 $10,836 2639 $11,972 Utilities Operations Manager 2524 $6,747 2564 $8,237 2584 $9,100 Veterinarian 2579 $8,876 2619 $10,836 2639 $11,972 ATTACHMENT 3 Rancho Cucamonga Management Association Salary Schedule July 3, 2023 Page 232 Minimum Control Point Maximum Class Title Step Amount Step Amount Step Amount Account Clerk 4375 $3,274 4415 $3,998 4435 $4,416 Account Technician 4423 $4,158 4463 $5,076 4483 $5,610 Accountant#3465 $5,129 3505 $6,261 3525 $6,917 Accounts Payable Supervisor#3470 $5,257 3510 $6,418 3530 $7,092 Administrative Assistant 4369 $3,716 4409 $3,878 4429 $4,286 Administrative Technician 4437 $4,461 4477 $5,445 4497 $6,015 Animal Behavior Specialist 4388 $3,492 4428 $4,264 4448 $4,712 Animal Care Attendant 4349 $2,876 4389 $3,511 4409 $3,878 Animal Care Supervisor#3454 $4,854 3494 $5,925 3514 $6,548 Animal Caretaker 4378 $3,324 4418 $4,056 4438 $4,481 Animal Rescue Specialist 4388 $3,492 4428 $4,264 4448 $4,712 Animal Services Dispatcher 4369 $3,176 4409 $3,878 4429 $4,286 Animal Services Officer I 4421 $4,118 4461 $5,027 4481 $5,554 Animal Services Officer II 4441 $4,549 4481 $5,554 4501 $6,137 Artistic Producer - Mainstreet Theatre Company 4450 $4,759 4490 $5,809 4510 $6,418 Assistant Engineer#3504 $6,228 3544 $7,603 3564 $8,402 Assistant Planner#3468 $5,206 3508 $6,355 3528 $7,019 Associate Engineer#3534 $7,234 3574 $8,831 3594 $9,757 Associate Planner#3487 $5,723 3527 $6,987 3547 $7,718 Box Office Coordinator 4450 $4,759 4490 $5,809 4510 $6,418 Budget Analyst#3515 $6,579 3555 $8,031 3575 $8,873 Building Inspection Supervisor#2 3504 $6,228 3544 $7,603 3564 $8,402 Building Inspector I2 4444 $4,617 4484 $5,636 4504 $6,228 Building Inspector II2 4464 $5,101 4504 $6,228 4524 $6,882 Business License Clerk 4378 $3,324 4418 $4,056 4438 $4,481 Business License Inspector 4418 $4,056 4458 $4,952 4478 $5,471 Business License Program Coordinator#3432 $4,351 3472 $5,308 3492 $5,866 Business License Program Supervisor#3470 $5,257 3510 $6,418 3530 $7,092 Business License Technician 4408 $3,860 4448 $4,712 4468 $5,206 City Clerk Records Management Analyst#3470 $5,257 3510 $6,418 3530 $7,092 Community Affairs Coordinator 4450 $4,759 4490 $5,809 4510 $6,418 Community Affairs Officer#3515 $6,579 3555 $8,031 3575 $8,873 Community Affairs Senior Coordinator#3480 $5,525 3520 $6,747 3540 $7,454 Community Affairs Specialist 4350 $2,888 4390 $3,527 4410 $3,898 Community Affairs Technician 4437 $4,461 4477 $5,445 4497 $6,015 Monthly Pay Ranges Effective July 3, 2023 Resolution No. 2023- SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES RCCEA COVERED EMPLOYEES IN THE ATTACHMENT 4 Rancho Cucamonga City Employees Association Salary Schedule July 3, 2023 Page 233 Minimum Control Point Maximum Monthly Pay Ranges Effective July 3, 2023 Resolution No. 2023- SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES RCCEA COVERED EMPLOYEES IN THE Community Development Technician I 4413 $3,954 4453 $4,830 4473 $5,337 Community Development Technician II 4423 $4,158 4463 $5,076 4483 $5,610 Community Improvement Supervisor#2 3504 $6,228 3544 $7,603 3564 $8,402 Community Improvement Officer I 4421 $4,118 4461 $5,027 4481 $5,554 Community Improvement Officer II 4441 $4,549 4481 $5,554 4501 $6,137 Community Programs Coordinator 4450 $4,759 4490 $5,809 4510 $6,418 Community Programs Specialist 4437 $4,352 4477 $5,312 4497 $5,868 Community Services Coordinator 4450 $4,759 4490 $5,809 4510 $6,418 Community Services Project Coordinator#3500 $6,105 3540 $7,454 3560 $8,234 Community Services Specialist 4350 $2,888 4390 $3,527 4410 $3,898 Community Services Supervisor#3480 $5,525 3520 $6,747 3540 $7,454 Community Services Technician 4437 $4,461 4477 $5,445 4497 $6,015 Community Theater Producer 4450 $4,759 4490 $5,809 4510 $6,418 Customer Care Assistant 4369 $3,176 4409 $3,878 4429 $4,286 Customer Service Representative 4378 $3,324 4418 $4,056 4438 $4,481 Customer Service Specialist I - Utilities 4413 $3,954 4453 $4,830 4473 $5,337 Customer Service Specialist II - Utilities 4423 $4,158 4463 $5,076 4483 $5,610 Customer Service Specialist III - Utilities 4443 $4,594 4483 $5,610 4503 $6,197 Deputy City Clerk#3430 $4,306 3470 $5,257 3490 $5,809 Engineering Aide 4421 $4,118 4461 $5,027 4481 $5,554 Engineering Technician 4451 $4,781 4491 $5,839 4511 $6,449 Environmental Programs Coordinator#3503 $6,197 3543 $7,567 3563 $8,360 Environmental Programs Inspector2 4464 $5,101 4504 $6,228 4524 $6,882 Event & Rental Services Coordinator 4450 $4,759 4490 $5,809 4510 $6,418 Executive Assistant II#3444 $4,617 3484 $5,636 3504 $6,228 Executive Assistant1 4394 $3,599 4464 $5,101 4484 $5,636 Fleet Supervisor#2 3488 $5,749 3528 $7,019 3548 $7,757 Front of House Coordinator 4450 $4,759 4490 $5,809 4510 $6,418 Fund Development Coordinator#3470 $5,257 3510 $6,418 3530 $7,092 GIS Analyst#3505 $6,261 3545 $7,642 3565 $8,442 GIS Specialist 4456 $4,904 4496 $5,985 4516 $6,613 GIS Supervisor#3535 $7,271 3575 $8,873 3595 $9,805 GIS Technician 4436 $4,436 4476 $5,416 4496 $5,985 Human Resources Business Partner#3433 $4,371 3473 $5,337 3493 $5,898 Human Resources Clerk 4389 $3,511 4429 $4,286 4449 $4,734 Human Resources Technician 4420 $4,096 4460 $5,002 4480 $5,525 ATTACHMENT 4 Rancho Cucamonga City Employees Association Salary Schedule July 3, 2023 Page 234 Minimum Control Point Maximum Monthly Pay Ranges Effective July 3, 2023 Resolution No. 2023- SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES RCCEA COVERED EMPLOYEES IN THE Information Technology Analyst I#3505 $6,261 3545 $7,642 3565 $8,442 Information Technology Analyst II#3520 $6,747 3560 $8,234 3580 $9,096 Information Technology Specialist I 4456 $4,904 4496 $5,985 4516 $6,613 Information Technology Specialist II 4471 $5,284 4511 $6,449 4531 $7,127 Information Tech Operations Supvr.#3535 $7,271 3575 $8,873 3595 $9,805 Information Technology Technician 4411 $3,917 4451 $4,781 4471 $5,284 Lead Park Ranger 4421 $4,118 4461 $5,027 4481 $5,554 Librarian I# 3435 $4,416 3475 $5,390 3495 $5,955 Librarian II#3457 $4,927 3497 $6,015 3517 $6,647 Library Assistant I 3373 $3,239 3413 $3,954 3433 $4,371 Library Assistant II#3414 $3,977 3454 $4,854 3474 $5,363 Library Clerk 4356 $2,978 4396 $3,635 4416 $4,015 Library Technician 4393 $3,580 4433 $4,371 4453 $4,830 Maintenance Supervisor#2 3488 $5,749 3528 $7,019 3548 $7,757 Management Aide 4440 $4,527 4480 $5,525 4500 $6,105 Management Analyst I#3470 $5,257 3510 $6,418 3530 $7,092 Management Analyst II#3498 $5,925 3538 $7,381 3558 $8,153 Management Analyst III#3515 $6,579 3555 $8,031 3575 $8,873 Office Services Clerk 4369 $3,716 4409 $3,878 4429 $4,286 Patron & Events Supervisor#3480 $5,525 3520 $6,747 3540 $7,454 Payroll Supervisor#3470 $5,257 3510 $6,418 3530 $7,092 Planning Specialist 4443 $4,594 4483 $5,610 4503 $6,197 Planning Technician 4423 $4,158 4463 $5,076 4483 $5,610 Plans Examiner I 4474 $5,363 4514 $6,548 4534 $7,234 Plans Examiner II#3488 $5,749 3528 $7,019 3548 $7,757 Procurement & Contracts Analyst#3433 $4,371 3473 $5,337 3493 $6,015 Procurement Clerk 4374 $3,258 4414 $3,977 4434 $4,394 Procurement Technician 4411 $3,917 4451 $4,781 4471 $5,284 Public Services Technician I 4413 $3,954 4453 $4,830 4473 $5,337 Public Services Technician II 4423 $4,158 4463 $5,076 4483 $5,610 Public Services Technician III 4443 $4,594 4483 $5,610 4503 $6,197 Public Works Inspector I2 4444 $4,617 4484 $5,636 4504 $6,228 Public Works Inspector II2 4464 $5,101 4504 $6,228 4524 $6,882 Records Clerk 4358 $3,006 4398 $3,671 4418 $4,056 Records Coordinator 4386 $3,456 4426 $4,222 4446 $4,664 Risk Management Coordinator#3470 $5,257 3510 $6,418 3530 $7,092 Safety Officer#3515 $6,579 3555 $8,031 3575 $8,873 ATTACHMENT 4 Rancho Cucamonga City Employees Association Salary Schedule July 3, 2023 Page 235 Minimum Control Point Maximum Monthly Pay Ranges Effective July 3, 2023 Resolution No. 2023- SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES RCCEA COVERED EMPLOYEES IN THE Senior Account Clerk 4395 $3,617 4435 $4,416 4455 $4,878 Senior Account Technician 4446 $4,664 4486 $5,695 4506 $6,292 Senior Accountant#3498 $6,045 3538 $7,381 3558 $8,153 Senior Animal Care Supervisor#3461 $5,027 3501 $6,137 3521 $6,780 Senior Animal Services Officer#3461 $5,027 3501 $6,137 3521 $6,780 Senior Building Inspector#2 3484 $5,636 3524 $6,882 3544 $7,603 Senior Business License Clerk 4398 $3,671 4438 $4,481 4458 $4,952 Senior Community Improvement Officer#3461 $5,027 3501 $6,137 3521 $6,780 Senior Electrician #3485 $5,666 3525 $6,917 3545 $7,642 Senior GIS Analyst #3520 $6,747 3560 $8,234 3580 $9,096 Sr Human Resources Business Partner#3498 $6,045 3538 $7,381 3558 $8,153 Senior Information Technology Analyst#3535 $7,271 3575 $8,873 3595 $9,805 Senior Information Technology Specialist#4493 $5,898 4533 $7,200 4553 $7,953 Senior Librarian#3468 $5,206 3508 $6,355 3528 $7,019 Senior Park Planner#3500 $6,105 3540 $7,454 3560 $8,234 Senior Plans Examiner#3503 $6,197 3543 $7,567 3563 $8,360 Senior Procurement Technician#3463 $5,002 3503 $6,197 3523 $6,848 Senior Risk Management Analyst#3515 $6,579 3555 $8,031 3575 $8,873 Senior Veterinary Technician#3461 $5,027 3501 $6,137 3521 $6,780 Special Districts Analyst#3498 $6,045 3538 $7,381 3558 $8,153 Supervising Public Works Inspector#2 3494 $5,925 3534 $7,234 3554 $7,992 Supervising Traffic Systems Specialist#2 3502 $6,166 3542 $7,529 3562 $8,317 Theater Production Coordinator 4460 $5,002 4500 $6,105 4520 $6,747 Theater Production Supervisor#3480 $5,525 3520 $6,747 3540 $7,454 Theatre Technician III 4423 $4,158 4463 $5,076 4483 $5,610 Utilities Operation Supervisor#3515 $6,579 3555 $8,031 3575 $8,873 Utility Marker 4464 $5,101 4504 $6,228 4524 $6,882 Veterinary Assistant 4407 $3,840 4447 $4,688 4467 $5,178 Veterinary Technician 4437 $4,461 4477 $5,445 4497 $6,015 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 4 Rancho Cucamonga City Employees Association Salary Schedule July 3, 2023 Page 236 Class Title Step Amount Step Amount Step Amount Electrician 5457 $5,024 5497 $6,132 5517 $6,777 Equipment Operator 5425 $4,283 5465 $5,229 5485 $5,777 Inventory Specialist Equipment/Mat 5389 $3,579 5429 $4,369 5449 $4,827 Lead Maintenance Worker 5429 $4,369 5469 $5,334 5489 $5,893 Lead Mechanic 5440 $4,617 5480 $5,633 5500 $6,225 Maintenance Coordinator 5452 $4,900 5492 $5,980 5512 $6,610 Maintenance Worker 5391 $3,615 5431 $4,412 5451 $4,874 Mechanic 5430 $4,391 5470 $5,360 5490 $5,923 Senior Maintenance Worker 5401 $3,797 5441 $4,638 5461 $5,124 Signal & Lighting Coordinator 5479 $5,607 5519 $6,844 5539 $7,562 Signal & Lighting Technician 5452 $4,900 5492 $5,980 5512 $6,610 Minimum Control Point Maximum Monthly Pay Ranges Effective July 3, 2023 Resolution No. 2023- PUBLIC WORKS MAINTENANCE EMPLOYEES ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Represented By THE TEAMSTERS LOCAL 1932 ATTACHMENT 5 Teamsters Local 1932 Salary Schedule July 3, 2023 Page 237 Hourly Pay Ranges Effective July 1, 2023 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 6364 $15.55 6372 $16.19 6443 $23.07 Administrative Intern 6364 $15.55 6370 $16.02 Animal Behavior Specialist 6388 $17.54 6428 $21.41 6462 $25.36 Animal Care Attendant 6364 $15.55 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*6364 $15.55 Box Office Specialist*6364 $15.55 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 6364 $15.55 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 6364 $15.55 6372 $16.19 6443 $23.07 Customer Service Specialist I - Utilities 6436 $22.27 6476 $27.19 6496 $30.05 Customer Service Specialist II - Utilities 6446 $23.41 6486 $28.58 6506 $31.58 Customer Service Specialist III - Utilities 6466 $25.87 6506 $31.58 6526 $34.90 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 Resolution No. 2023-XXX Minimum Control Point Maximum PART-TIME CITY POSITIONS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES ATTACHMENT 6 Part Time City Positions Salary Schedule July 1, 2023 Page 238 Hourly Pay Ranges Effective July 1, 2023 Part Time Positions Step Amount Step Amount Step Amount Resolution No. 2023-XXX Minimum Control Point Maximum PART-TIME CITY POSITIONS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES 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 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 6364 $15.55 6370 $16.03 Engineering Technician 6441 $22.84 6481 $27.88 6515 $33.03 Environmental Resources Intern*6364 $15.55 Equipment Operator 6425 $21.09 6465 $25.75 6503 $31.11 Executive Assistant 6394 $18.07 6434 $22.06 6497 $30.20 Executive Assistant II 6467 $26.00 6507 $31.74 6527 $35.07 Fund Development Coordinator 6514 $32.87 6554 $40.13 6574 $44.34 GIS Intern 6364 $15.55 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*6364 $15.55 Library Technician 6407 $19.27 6447 $23.53 6467 $26.00 Maintenance Technician*6364 $15.55 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 6364 $15.55 6372 $16.19 6382 $17.02 Office Specialist II 6364 $15.55 6392 $17.89 6402 $18.80 ATTACHMENT 6 Part Time City Positions Salary Schedule July 1, 2023 Page 239 Hourly Pay Ranges Effective July 1, 2023 Part Time Positions Step Amount Step Amount Step Amount Resolution No. 2023-XXX Minimum Control Point Maximum PART-TIME CITY POSITIONS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Outreach Technician*6364 $15.55 Park Ranger*6389 $17.62 Planning Aide 6364 $15.55 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 Playschool Instructor*6373 $16.27 Principal Management Analyst 6557 $40.73 6597 $49.73 6617 $54.94 Principal Engineer 6567 $42.82 6607 $52.27 6640 $61.62 Program Specialist 6364 $15.55 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 6364 $15.55 6382 $17.02 6392 $17.89 Records Clerk 6364 $15.55 6384 $17.19 6432 $21.83 Records Coordinator 6372 $16.19 6412 $19.77 6459 $24.98 Recreation Leader II*6364 $15.55 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 Senior Information Technology Analyst 6558 $40.94 6598 $49.97 6618 $55.22 Signal and Lighting Technician 6452 $24.12 6492 $29.46 6530 $35.60 Theatre Technician I*6364 $15.55 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 July 1, 2023 Page 240 DATE:June 21, 2023 TO:President and Members of the Board of Directors FROM:John R. Gillison, City Manager INITIATED BY:Robert Neiuber, Senior Human Resources Director Lucy Alvarez-Nunez, Management Analyst SUBJECT:Consideration to Approve Resolution Adopting a Memorandum of Understanding Between the Rancho Cucamonga Fire Protection District and Rancho Cucamonga Fire Management Employees Group Relative to Wages, Benefits, and Other Terms and Conditions for the Period of July 2023 through June 2026, and Adoption of the Updated Salary Schedule for Fiscal Year 2023-2024. (RESOLUTION NO. FD 2023-017 AND RESOLUTION NO. FD 2023-018) (FIRE) RECOMMENDATION: Staff recommends the Fire Board of the Rancho Cucamonga Fire Protection District approve the attached resolution adopting a memorandum of understanding between the Rancho Cucamonga Fire Protection District and the Rancho Cucamonga Management Employees Group relative to wages, benefits, and other terms and conditions for the period of July 1, 2023, through June 30, 2026, and the attached resolution adopting the updated salary schedule for fiscal year 2023-2024. BACKGROUND: The Rancho Cucamonga Fire Board previously approved the existing Memorandum of Understanding between the Rancho Cucamonga Fire Protection District (District) and Fire Management Employees Group (Fire MEG) which is set to expire on June 30, 2023. In January of 2023, Fire District and Fire MEG representatives met and conferred in good faith to bargain on the terms and conditions for a successor Memorandum of Understanding. On June 2023, the parties reached an agreement for a three-year (3) Memorandum of Understanding (MOU) commencing July 1, 2023, through June 30, 2026. This MOU provides a cost of living adjustment (COLA) effective the first full pay period in July 2023, reflected in the updated fiscal year 2023-2024 salary schedules. The Fire Board 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. ANALYSIS: The negotiated and agreed upon MOU was settled in mutual recognition of the current economic conditions in the State of California, the ongoing adjustments to CalPERS, the ongoing fiscal challenges facing all local agencies, and prudent public policy, while balancing the need to maintain competitive compensation levels. Page 241 Page 2 1 8 9 1 The three-year (3 yr) agreement includes: •3% Cost of Living Adjustment effective the first full pay period in July of each year during the term of the MOU. •Equity Adjustments to bring positions within the bargaining unit closer to market as follows: Fire Chief gets 1% equity adjustment effective the first full pay period in January 2024 and 2026; Deputy Chief gets 4% equity adjustment effective the first full pay period in January of each year during the term of the MOU; and Battalion Chief gets 3% equity adjustment effective the first full pay period in January 2024 and 2025, and 2% effective the first full pay period in January 2026. •1% pick-up of cost sharing on the employer side by all Classic CalPERS covered members effective the first full pay period in July 2024. •Reopener during the third year of the MOU to discuss cost sharing should PEPRA rates increase during the term of the contract. •Effective the first full pay period in July 2023, the Battalion Chief assigned to a 40-hour schedule as Training Officer or a special assignment will receive additional compensation of 11% stipend, based on the step the employee is currently earning. •Effective the first full pay period of the MOU ratification, the City Manager may provide a vacation accrual rate up to the equivalent of a ten-year employee for new Fire MEG employees upon hire. •Amendment to vacation buy-back of up to a maximum of 200 hours per year. •Additional Bereavement Leave of 40 hours for 40-hour personnel and 56 hours for shift personnel when the bereavement leave is related to a close family member or relative. •Change to Natal and Adoption Leave with Pay from 2 days to 120 hours. •Language clarifying that Deferred Compensation is paid into the 401a plan. •Removal and update of MOU language. In addition, parties agree that if the Finance Department cannot process equity adjustments for the first full pay period in January due to the end of the calendar year workload, they will process the equity adjustments and provide them by the second full pay period in January. Upon Council approval, this agreement of memorandum of understanding is to be effective the first full pay period in July 2023 or the first full pay period after the District adoption, whichever is later. The updated Fire Management salary schedule includes a 3% COLA for job classifications employed within the Fire MEG bargaining unit effective the first full pay period in July 2023, as provided in the attached MOU. Staff recommends the Fire Board approve the attached resolution adopting the agreed upon Memorandum of Understanding between the Fire District and the Fire Management Employees Group, including the adoption of updated salary schedules for fiscal year 2023-2024. FISCAL IMPACT: The fiscal impact resulting from this agreement has a year one cost of $153,780, year two cost of $120,380, and year three cost of $133,940, a total cost of $408,100 for the term of the contract. Page 242 Page 3 1 8 9 1 COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item addresses the Council’s core value of working cooperatively and respectfully with one another, and intentionally embracing and anticipating the future by taking actions to further attract and retain an exceptional workforce. ATTACHMENTS: Attachment 1 – Resolution No. FD 2023-017 Attachment 2 – Memorandum of Understanding Attachment 3 – Resolution No. FD 2023-018 Attachment 4 – Fire Management Employees Group Salary Schedule Page 243 Resolution No. FD 2023-XXX RESOLUTION NO. FD 2023- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT AND RANCHO CUCAMONGA FIRE MANAGEMENT EMPLOYEES GROUP RELATIVE TO WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR THE PERIOD OF JULY 1, 2023, THROUGH JUNE 30, 2026. WHEREAS, Representatives of the Rancho Cucamonga Fire Protection District ("District": hereinafter) and the Rancho Cucamonga Fire Management Employee Group “Fire MEG” have met and conferred pursuant to the provisions of the Meyers-Milias-Brown Act (California Government Code §3500, et seq.) with regard to terms and conditions of employment; and WHEREAS, Representatives of the District and Fire MEG have agreed upon and presented to this Board a Memorandum of Understanding pertaining to the Fire MEG effective, July 1, 2023, specifying the results of said meet and confer process; and WHEREAS, All legal prerequisites to the adoption of this Resolution have occurred; and NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Rancho Cucamonga Fire Protection District of the City of Rancho Cucamonga that in all respects, as set forth in the recitals of this Resolution, the attached Memorandum of Understanding entered into by and between District representatives and the Fire Management Employees Group for the period July 1, 2023, through June 30, 2026. PASSED, APPROVED, AND ADOPTED by the Board of Directors, this 21st day of June 2023. AYES:Alexander, Michael, Spagnolo, Steinorth, Williams NOES:None ABSENT:None ABSTAINED:None ATTACHMENT 1 Page 244 1 Fire MEG MOU 2023-2026 MEMORANDUM OF UNDERSTANDING RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT FIRE MANAGEMENT EMPLOYEES’ BARGAINING GROUP 2023 - 2026 Page 245 2 Fire MEG MOU 2023-2026 Contents PREAMBLE................................................................................................................................................5 ARTICLE I RECOGNITION .....................................................................................................................5 ARTICLE II COMPENSATION ................................................................................................................5 § 1.Salary Ranges .............................................................................................................................5 § 2.Salary Plan....................................................................................................................................8 A. Salary Ranges ................................................................................................................................8 1. Salary on appointment .................................................................................................................8 2. Merit Salary Adjustments ..............................................................................................................8 3. Salary on Promotion ......................................................................................................................9 4. Salary on Demotion .......................................................................................................................9 5. Salary on Transfer .......................................................................................................................10 6. Salary on Position Reclassification ...........................................................................................10 7. Salary on Re-Employment ..........................................................................................................10 8. Salary on Rehire ..........................................................................................................................10 9. Acting Pay .....................................................................................................................................10 10. Salary on Change in Range Assignment .................................................................................11 11. Training Officer Assignment Pay ...............................................................................................11 12. Bilingual Compensation ..............................................................................................................11 B. Deferred Compensation ..............................................................................................................11 C. Voluntary Employee Benefit Association (VEBA)....................................................................11 § 3.Work Periods and Overtime .................................................................................................12 A. Work Periods ................................................................................................................................12 B. Work Shifts ....................................................................................................................................12 C. Flex Time .......................................................................................................................................12 D. 4/10 Schedule ...............................................................................................................................13 E. Overtime Pay ................................................................................................................................13 F. Call Back .......................................................................................................................................14 § 4.Uniform Allowance ..................................................................................................................14 § 5.Employee Group Insurance ..................................................................................................15 Page 246 3 Fire MEG MOU 2023-2026 A.Health Insurance.........................................................................................................................15 B.Dental Insurance.........................................................................................................................16 C. Vision Insurance .........................................................................................................................16 D. Life Insurance ..............................................................................................................................16 § 6.Education Incentive.................................................................................................................16 § 7.Retirement Plan ........................................................................................................................17 A. Benefits: Safety Members...........................................................................................................17 B. Benefits: Miscellaneous Members .............................................................................................21 § 8.Work Related Injuries .............................................................................................................24 § 9.Carpooling ..................................................................................................................................24 § 10. IRS 125 Plan ...............................................................................................................................25 ARTICLE III LEAVES .............................................................................................................................25 § 1.Holidays.......................................................................................................................................25 § 2.Holiday Facility Closure .........................................................................................................27 § 3.Vacation Leave ..........................................................................................................................27 § 4.Sick Leave ..................................................................................................................................28 § 5.Conversion Factor ...................................................................................................................31 § 6.Personal Leave .........................................................................................................................32 § 7.Bereavement Leave .................................................................................................................32 A. 40-hour Personnel .......................................................................................................................32 Shift Personnel ............................................................................................................................32 B. Immediate Family is Defined as:................................................................................................32 § 8.Compensatory Time ................................................................................................................32 § 9.Administrative Leave ..............................................................................................................33 § 10.Military Leave ........................................................................................................................33 § 11.Jury Duty .................................................................................................................................34 § 12.Civil Subpoena/Criminal Subpoena ...............................................................................34 A. Civil Subpoena .............................................................................................................................34 B. Criminal Subpoena ......................................................................................................................35 § 13.Leaves of Absence without Pay ......................................................................................35 § 14.Natal and Adoption Pay .....................................................................................................36 A. Natal and Adoption Leave with Pay ..........................................................................................36 B. Natal and Adoption Leave without Pay .....................................................................................36 Page 247 4 Fire MEG MOU 2023-2026 ARTICLE IV GRIEVANCE PROCEDURE ...........................................................................................36 § 1.Purpose .......................................................................................................................................36 § 2.Objectives ...................................................................................................................................36 § 3.General Provisions ..................................................................................................................37 § 4.Informal Grievance Procedure.............................................................................................38 § 5.Formal Grievance Procedure ...............................................................................................38 A. Step I..............................................................................................................................................38 B. Step II ............................................................................................................................................38 C. Step III ............................................................................................................................................39 ARTICLE V DISCIPLINE........................................................................................................................41 ARTICLE VI SAFETY .............................................................................................................................41 § 1.Compliance ................................................................................................................................41 § 2.No Discrimination ....................................................................................................................41 § 3.Safety Equipment .....................................................................................................................41 § 4.Employee Responsibility .......................................................................................................42 § 5.Smoking Policy .........................................................................................................................42 ARTICLE VII MANAGEMENT RIGHTS ...............................................................................................42 § 1.Scope of Rights ........................................................................................................................42 § 2.Emergency Conditions ...........................................................................................................43 ARTICLE VIII EMPLOYEE RIGHTS ....................................................................................................43 ARTICLE IX MAINTENANCE OF BENEFITS ....................................................................................43 ARTICLE X APPROVAL BY THE BOARD OF DIRECTORS..........................................................44 ARTICLE XI PROVISIONS OF LAW ...................................................................................................44 ARTICLE XII TERM ................................................................................................................................44 ARTICLE XIII NEGOTIATIONOF SUCCESSOR MOU .....................................................................44 Page 248 5 Fire MEG MOU 2023-2026 PREAMBLE This Memorandum of Understanding (“MOU” hereinafter) is made and entered into by and between the Rancho Cucamonga Fire Protection District (“District” hereinafter), and the Rancho Cucamonga Fire Protection District Fire Management Employees Bargaining Group (“Fire MEG” hereinafter). The terms and conditions contained in this MOU are applicable to all full-time employees within this unit and contain the complete results of negotiations concerning wages, hours and other terms and conditions of employment for said employees represented herein. ARTICLE I RECOGNITION A. Pursuant to the provisions of existing rules and regulations and applicable State law, District hereby acknowledges Fire MEG as the exclusive recognized employee organization for the representation unit, which includes all management employees of District, who are employed on a full-time basis. The classes represented include Fire Chief, Fire Deputy Chief, Fire Battalion Chief, and Fire Marshal. B. Fire MEG represents the classification of Fire Chief. However, Fire Chief is an at-will position, not subject to Article IV or V of this MOU or the District’s Personnel Rules. At- will positions may be terminated at any time with or without cause or notice at the will of the City Manager or Rancho Cucamonga Fire Protection District in its sole discretion and without any right due process or appeal right. Furthermore, the Fire Chief is precluded from acting as a Fire MEG representative or being a member of the Fire MEG Board. ARTICLE II COMPENSATION § 1.Salary Ranges A. Cost of Living Adjustment- All bargaining unit members shall receive a cost-of-living adjustment according to the following schedule: 3% cost of living adjustment effective the first full pay period in July 2023; 3% cost of living adjustment effective the first full pay period in July 2024; 3% cost of living adjustment effective the first full pay period in July 2025. B. Equity Adjustment – Bargaining unit members shall receive equity adjustments according to the following schedule: Fire Chief 1% equity adjustment effective the first full pay period in January 2024 1% equity adjustment effective the first full pay period in January 2026 Deputy Chief 4% equity adjustment effective the first full pay period in January 2024 4% equity adjustment effective the first full pay period in January 2025 4% equity adjustment effective the first full pay period in January 2026 Battalion Chief 3% equity adjustment effective the first full pay period in January 2024 3% equity adjustment effective the first full pay period in January 2025 Page 249 6 Fire MEG MOU 2023-2026 2% equity adjustment effective the first full pay period in January 2026 If the Finance Department is unable to process the equity adjustments for the first full pay period in January due to end of the calendar year workload constraints, they will process the equity adjustments and provide them by the second full pay period in January. C. Survey Cities: Fire MEG and District agree that the survey cities shall be the cities of West Covina, Corona, Ontario, Riverside, Pasadena and Chino Valley Fire District. A survey of the identified labor market cities will be completed, reviewed by the Fire MEG and District, and used as the comparison basis for any negotiations regarding market equity adjustment and cost of living adjustment. The survey will be completed and available for review by District and Union no later than December 1 of the year prior to MOU expiration unless mutually agreed otherwise by the parties. Survey data will be those compensation amounts known and in effect as of the December 1 survey date. In the event a survey agency has a MOU that extends beyond the end of the fiscal year during which the survey is performed, the survey elements known and scheduled to be in force as of the following July will also be surveyed and included in the total compensation survey by the December 1 date. D. Survey Elements: 1. Top step base pay for Fire Chief, Deputy Fire Chief, and Battalion Chief. Fire Marshall Pay shall not be surveyed, but figured at 7.26% above each Battalion Chief step; 2. Agency pick-up of member contributions to the Public Employees’ Retirement System (“PERS”); employer contribution to PERS, net of any employee cost sharing; 3. Uniform Pay; 4. Employer Contribution to Deferred Compensation; 5. Maximum employer contribution to Voluntary Employee Benefit Association (VEBA). For the purposes of the survey, this benefit will be reflected as a fringe benefit under MSA; 6. Maximum employer contribution to medical, dental, vision and long-term disability plans for new employees; and 7. Any other incentive or premium that 50% or more of the individuals given in a classification at an agency are eligible to receive, if it is also provided by more than 50% of the survey agencies, exclusive to the District. Page 250 7 Fire MEG MOU 2023-2026 An individual is “eligible to receive” an incentive or premium if that individual can receive the item upon satisfaction of specified conditions (if any), without limits as to the number of individuals who can receive the incentive. For example, if a specialized training incentive is available to each individual who achieves the specific technical qualifications, the individual is “eligible to receive” that incentive even if he or she has not yet attained the technical certification that is required to actually receive it. Conversely, if a department offers a premium that requires training but only grants that premium to a limited number of individuals or only to individuals in a certain limited number of assignments, the number of individuals above the limit are not eligible to receive the premium. In those instances, the stipends may be reviewed and discussed on an individual basis. E. Survey Procedures and Users: Any survey element that is expressed as a percent of salary will be converted to a dollar amount using the top step base pay for the classification and agency involved. Multi-tiered survey elements involving medical benefits or other health and welfare benefits will be surveyed based on the compensation provided to new employees for that element. If applicable, other multi-tiered incentives will be surveyed at the highest amount of incentive pay obtainable, so long as the thresholds in Item C.5 are met. For comparison purposes in determining a market average, the high and low (of those that receive any given benefit) will be dropped for each salary element, except base salary, where all survey agencies will be used. After dropping the high and low agency, the mean average for the applicable survey element will be calculated. The resulting average numbers for each survey element will be added together to determine a cumulative average total compensation. The results may be used for comparison purposes in negotiations involving future compensation adjustments. There is no obligation to implement and salary element or to make any compensation adjustment based on the survey results and the parties acknowledge that other factors, including revenue, staffing, PERS contributions and other post-employment benefit (“OPEB”) costs play a significant factor in the ability of the District to implement any survey element. Survey Example: 1. Look at a particular benefit at the maximum level achievable (in this example highlighted in yellow for each city): Chino Valley Fire District 7% City of West Covina Benefit X 3% or 5% City of Riverside Benefit X 5%; 10% or 15% City of Pasadena Benefit X 3% or 6% City of Ontario N/A City of Corona Benefit X 2% Page 251 8 Fire MEG MOU 2023-2026 2. Drop high (Riverside 15%) and low (Corona 2%) from among the five agencies that offer the benefit. 3. Average remaining three cities [(W.C 5% + Pasadena 6% + CVFD 7%) / 3 = 6%]. 4. Thus, Benefit X for market comparison purposes is assumed to be 6%. § 2.Salary Plan A. Salary Ranges Effective the first full pay period in August 2019, “A” step salaries in the salary schedule, for all ranks, will be removed. The salary steps will be reorganized, where step B step becomes the new step A, step C becomes the new step B, etc., G step will drop off from the salary range for Fire Chief and Fire Deputy Chief positions and F step will drop off from the salary range for Fire Battalion and Fire Marshal. No changes to the employees pay rates will result from these changes. The base salary for Fire Chief, Deputy Fire Chief consists of ranges having six (6) steps, labeled A through F, with approximately five percent (5%) between each step. The base salary for Battalion Chief and Fire Marshall consists of ranges having five (5) steps, labeled A through E, with approximately five percent (5%) between each step. The salary for Fire Marshal is set at 7.26% above the 40 hour a week Fire battalion Chief. Placement within the range shall be in accordance with the following: 1. Salary on appointment New employees shall be compensated at Step “A” of the salary range to which their class is allocated. If unusual recruitment difficulties are encountered or a candidate is exceptionally well qualified, appointment at a higher step in the salary range may be authorized by the Fire Chief. 2. Merit Salary Adjustments Advancement within a salary range shall not be automatic, but shall be based upon job performance and granted only on the recommendation of the employee’s supervisor and approval of the Fire Chief. Employees shall be considered for merit salary increases in accordance with the following: a. Employees who are placed at Step A upon original employment, reinstatement, or promotion are eligible for a merit salary review after six (6) months of service. Subsequent merit salary review dates shall fall upon the completion of twelve (12) month service intervals. b. Employees who are placed at Step B or above upon original employment, reinstatement, or promotion shall be eligible for a merit salary review after six Page 252 9 Fire MEG MOU 2023-2026 months of service. Subsequent review dates shall fall upon the completion of twelve (12) month service intervals. c. The granting of an official leave of absence of more than thirty (30) continuous calendar days, other than military leave, shall cause the employee’s merit salary review date to be extended the number of calendar days he or she was on leave. d. If, in the supervisor’s judgement, the employee’s performance does not justify a salary increase on the review date, the employee shall be reevaluated before the expiration of six (6) months dating from the employee’s review date. If the period of postponement exceeds three (3) months and the employee receives a salary increase, the employee shall be assigned a new review date based on the date the increase was granted. e. Authorized salary step increases shall become effective at the beginning of the pay period nearest the employee’s review date. f. Should an employee’s review date be overlooked, and upon discovery of the error, the employee is recommended for a salary increase, the employee shall receive a supplemental payment compensating him or her for the additional he or she would have received had the increase been granted at the appropriate time. g. The normal merit salary increase shall be one (1) step granted in accordance with the preceding. However, to reward outstanding achievement and performance, the Fire Chief may grant one (1) additional step increase not to exceed one (1) step in any given six (6) month period. h. In order to address a situation where in application of this section would result in the inequitable treatment of employee and upon the recommendation of the Fire Chief and approval of the Board, an employee may be placed at any step in the salary range for his or her class. 3. Salary on Promotion An employee, who is promoted to a position in a class with a higher salary range than the class in which he or she formerly occupied a position, shall receive the nearest higher monthly salary in the higher salary range that would constitute a minimum five percent (5%) salary increase over his or her base salary rate, provided that no employee may receive a rate in excess of the top step of the promotional class. If the promotion occurs within sixty (60) days of a scheduled merit salary review date, the employee shall receive the merit increase (if otherwise entitled to it) and the promotional increase concurrently. The employee shall be given a new merit salary review date for purposes of future salary step advancement. The new date shall be based upon the effective date of promotion. Page 253 10 Fire MEG MOU 2023-2026 4. Salary on Demotion An employee who is demoted to a position in a class with a lower salary range shall receive a new merit salary review date based upon the effective date of the demotion and receive a salary in accordance with the following: a. Disciplinary demotion – any designated salary step in the lower salary range which will result in the employee’s receiving at least a five (5) percent reduction in pay. b. Non-disciplinary demotion – that salary step he or she would have received in the lower class if his or her services had been continuous in said lower class. 5. Salary on Transfer An employee who is transferred from one position to another in the same class or to another position in a similar class having the same salary range shall receive the same step in the salary range previously received ad the merit salary review date shall not change. 6. Salary on Position Reclassification When an employee’s position is reclassified and the employee is appointed to the position, salary shall be determined as follows: a. If the position is reclassified to a class with a higher salary range than the former class, salary and merit salary review date shall be set in the same manner as if he or she had been promoted. b. If the salary of the employee is the same or less than the maximum of the salary range of the new class and the salary range of the new class is the same as the previous class, the salary and merit salary review date will not change. c. If the salary of the employee is greater than the maximum of the range of the new class, the salary of the employee shall be designated as a “Y-rate” and shall not change during continuous regular service until the maximum of the salary range to which the class is assigned exceeds the salary of the employee. 7. Salary on Re-Employment An employee recalled after a layoff shall receive the same salary step in the range of the class which he or she was receiving upon layoff. 8. Salary on Rehire Upon rehire, an employee shall be placed at such salary step as may be recommended by the Supervisor and approved by the Fire Chief. The employee’s merit salary review date shall be based on the date of rehire. Page 254 11 Fire MEG MOU 2023-2026 9. Acting Pay Acting pay shall be one (1) step, approximately five percent (5%), above the affected employee’s base salary rate. To receive acting pay the employee must: a. Be formally assigned only doing the duties appropriate to the higher class. b. Work in the higher class at least fifteen (15) consecutive workdays, five (5) shifts for employees working twenty-four (24) hour shifts. Acting pay will be paid beginning with the sixteenth (16th) consecutive day worked in an acting capacity, sixth (6th) shift for employees working twenty-four (24) hour shifts. c. In any instance where it is reasonably anticipated at the commencement of the acting assignment that the assignment is likely to extend beyond fifteen (15) consecutive workdays or five (5) shifts, the described five percent (5%) acting pay shall commence being earned from the first day/shift of the acting assignment. 10.Salary on Change in Range Assignment When a class is reassigned to either a higher or lower salary range by the Board, the salary of each incumbent in such a class on the date the reassignment is effective shall be adjusted to the step her or she was receiving in the former range. 11.Training Officer Assignment Pay The Battalion Chief assigned to a 40-hour schedule as the Department Training Officer or a special assignment shall receive additional compensation (stipend) based on the step the employee is currently earning. The compensation (stipend) shall be in addition to the regular compensation paid to the employee. Effective the first full pay period in July 2023, the stipend shall be 11%. 12.Bilingual Compensation Bargaining Unit members who qualify for bilingual pay shall be compensated at the rate of seventy-five dollars ($75.00) per month. Employees must pass an examination demonstrating their proficiency in the Spanish, Chinese or Korean languages. B. Deferred Compensation The District contributes a percentage of monthly base salary into the 401a plan. The District-paid contributions are as follows: Fire Chief 8% Deputy Fire Chief 6% Battalion Chief and Fire Marshal 4% Page 255 12 Fire MEG MOU 2023-2026 C. Voluntary Employee Benefit Association (VEBA) The City has established a Voluntary Employee Benefit Association (VEBA) through the California Government Voluntary Employee Benefit Association to assist employees with planning for future health care expenses. Represented employees shall be eligible to participate in the plan according to a schedule to be established as an addendum to this MOU. Contributions to the Plan shall be made as District contributions through a salary reduction arrangement and are made on a pre-tax basis in accordance with IRS provisions. At the discretion of the Union, employee contributions may be amended once per year provided that such amendment is permitted by IRS regulations and in conformity with the Plan Document. Effective the first full pay period in August 2019, the Fire District will contribute 2% of base salary per pay-period. Example: A bi-weekly base pay of $2,000 equals a biweekly contribution of $40. § 3.Work Periods and Overtime A. Work Periods 1. Employees assigned to 24-hour shifts shall work a Kelly Schedule that consists of a 24-day rotation pursuant to section 207 (k) of the Fair Labor Standards Act (FLSA) as follows: SUN MON TUES WED THURS FRI SAT On Off On Off On Off On Off Off Off Off On Off On Off On Off On Off Off Off Off Off Off 2. The pay period for shift personnel is 14 days. Overtime is paid for time worked in excess of one hundred six (106) hours in the pay period. 3. The work period for forty (40) hour personnel is seven (7) days with overtime being time worked in excess of forty (40) hours in the period. B. Work Shifts 1. All twenty-four (24) hour work shifts begin at 0800 and end at 0800 the following day, twenty-four (24) hours thereafter. 2. Personnel assigned to a forty (40) hour schedule shall work Monday through Thursday from 0700 to 1800 inclusive of paid breaks and unpaid sixty (60) minute meal period. Page 256 13 Fire MEG MOU 2023-2026 C. Flex Time 1. The work schedules of employees assigned to other than fire suppression is subject to change depending on needs of the service or desires of the concerned employee(s) (see item 3). 2. The District shall not change work schedules when the sole purpose of the change is to avoid payment of time and one-half for overtime. This, however, is not to be interpreted as preventing a schedule change upon the mutual agreement of the District and affected employee. 3. Employees may request schedule changes to address personal interests. Whenever possible such requests will be accommodated, provided however, that needs of the service as determined by the District will take precedence over employee preferences. 4. The District will not affect schedule changes but for good and sufficient cause. 5. Management employees shall be allowed to work a flexible work week upon the approval of their supervisor. D. 4/10 Schedule With the 4/10 implementation, employees who experience hardship due to childcare issues, may request alteration of their schedule by taking a ½ hour lunch and arriving at work ½ hour late or leaving work ½ hour early. Additionally, employees who carpool at least 60% of the pay period and 60% of the distance into their normally assigned workplace are eligible to leave ½ hour early from work or arrive ½ hour late. E. Overtime Pay 1. The rate of pay for overtime hours worked shall be at the rate of time and one-half (1.5) the regular rate of pay, for those employees eligible for overtime. 2. Wages: The Battalion Chief in Training and suppression Battalion Chiefs will be paid overtime at the fifty-six (56) hour rate for any overtime worked at time-and one-half (1.5) rate of pay. 3. For purposes of computing overtime pay under the Fair Labor Standards Act, military leave shall be the only leave of absence not considered hours worked. 4. For the purposes of this section, work time shall not include traveling to and from the normal work site. 5. All non-exempt full-time employees who are called back to work from off-duty as a result of an emergency, shall be paid at the rate of time and one-half (1/2) for any hours worked, with a minimum of two (2) hours pay for each emergency recall. Employees required to work more than fifteen (15) minutes shall be compensated for a minimum of one (1) hour; any time worked over one (1) hour will be paid in Page 257 14 Fire MEG MOU 2023-2026 one-half (1/2) hour increments (fifteen (15) minutes work shall constitute one-half (1/2) hour). Time spent in traveling to and from the worksite shall be compensated in accordance with FLSA. Employees required (held over) to work more than (15) minutes overtime shall be compensated for a minimum of one (1) hour. Any overtime worked in excess of one (1) hour will be paid in half hour increments. Provisions shall be made for an equitable distribution of overtime, consistent with efficient operations of the District. 6. The Deputy Chief will be paid an amount equal to State and/or Federal reimbursements received by the District for the work performed through State and/or Federal requests for hours worked beyond the normal forty (40) hour work week (e.g. strike teams), at the Deputy Chiefs normal rate of pay, provided the Deputy Chief is acting in a management capacity consistent with their normal position under the Fair Labor Standards Act. The requisite amounts equal to the time worked beyond the normal forty (40) hour work week will be paid to the Deputy Chief during the pay period in which the work performed through State and/or Federal requests for hours worked beyond the normal forty (40) hour work week (e.g. strike teams) occurs. This section is intended to allow a Deputy Chief to lead a strike team, if necessary, as would a regular shift Battalion Chief, without having to use accrued vacation leave. F. Call Back A minimum of two (2) hours of work time will be credited to an employee who responds to a District call to come to work during off-duty hours. This section is not to be interpreted as requiring said minimum in the event of an extended workday or when the employee begins his or her regular work shift before the normal starting time. § 4.Uniform Allowance A. The District shall provide three (3) sets of work uniforms for each employee who is required to wear a uniform prior to his or her start date. The value of these initial uniforms provided shall be reported to CalPERS as compensation in accordance with applicable CalPERS requirements. Suppression members must buy their own class A uniforms at the completion of probation. B. The District stipulates that its goal on Uniform Allowance is to provide for the purchase of uniform articles as specified in the District’s rules and regulations, to a maximum of $1,500 Annually per employee for the purchase of four (4) uniforms to start. The Uniform Allowance will be paid concurrent with the first full pay period after the beginning of the new fiscal year, in a separate check from the regular paycheck. § 5.Employee Group Insurance District agrees to provide group insurance plans in accordance with the following: Page 258 15 Fire MEG MOU 2023-2026 A.Health Insurance 1.District will provide medical insurance through the State of California Public Employee’s Medical and Hospital Care Program (PEMHCA). 2.District will provide fully paid employee and family health insurance for all existing full-time and retired employees as of November 17, 1994. 3.District shall provide paid employee and family health insurance for all full-time employees hired after November 17, 1994, at a monthly amount equal to the average eligible “Public Employees Medical and Hospital Care Program” (PEMHCA) medical rates available to active Fire MEG unit members covering San Bernardino County. The monthly contribution amount averages will be calculated annually during the open enrollment period with changes going into effect when the new rates go into effect. 4.All new full-time employees hired after November 17, 1994, want to maintain medical insurance through the State of California, Public Employees Medical and Hospital Care Program, upon their retirement, shall be responsible for paying their own premiums. 5.Upon written request of the employee, along with verification that their spouse and/or family can provide full health insurance, cash compensation in lieu of medical benefits in the amount of $200.00 for single employees or $300.00 for employees with dependents, may be provided to the employee. Selection of compensation shall be at the employee’s discretion. The employee may reenter the District’s health plan at any time. 6.Affordable Care Act (ACA) Reopener. The District may reopen negotiations on the issue of health insurance benefits to address changes to or statutory scheme that may result from an interpretation of the ACA an in order to avoid penalties or taxes under the ACA or other statutory scheme by the Internal Revenue Service or other federal agency (including, but not limited to, a revenue ruling, regulation or other guidance) or state agency, or a ruling by a court of competent jurisdiction. These negotiations will not result in a reduction in the amount the District provides for employee health coverage. B.Dental Insurance District shall continue to provide fully paid employee and family dental insurance plan for all full-time employees. C.Vision Insurance The District shall continue to provide vision care coverage for all full-time continuous employees with a maximum payment not to exceed $22.25 a month. Employees agree to contribute 0.02% of their salary adjustment to fund their Page 259 16 Fire MEG MOU 2023-2026 contribution of $2.00 a month for vision insurance. The above amount of $22.25 includes the employees’ contribution. The employee shall pay the cost of vision insurance in excess of $22.25. In the event that vision insurance premiums exceed $22.25 during the term of the contract, the District shall provide advanced notice to the representatives, if possible, at least thirty (30) days. D.Life Insurance The District shall provide a fully paid $50,000 life insurance policy for all Fire MEG members. § 6.Education Incentive The District shall provide to employees an educational incentive equal to the following: Bachelor of Arts/Bachelor of Science of Fire Officer Certification = $317/ month Master of Arts/Master of Science or Chief Officer Certification = $475/ month Eligibility for the above-mentioned education incentive requires proof of graduation and receipt of degree from a college or university that is accredited by a national recognized accrediting agency approved by the United States Secretary of Education and found on the United Stated Department of Education website. Compliance with the Fire Officer/Chief Officer certification requires proof of satisfactory completion (C or better or “pass” in a pass/fail class) of all required classes for the Certification Track currently authorized and approved by the California State Fire Marshall for Fire Officer or Chief Officer. Degrees earned online shall be accompanied by a declaration under penalty of perjury that the subject employee personally performed all requirements for issuance of the degree. The Fire Chief’s determination regarding eligibility for an education incentive shall be final. The Fire Chief’s determination regarding eligibility for an education incentive shall be final. The above-mentioned education incentives shall be non-cumulative, meaning that an employee who meets the highest recognized education incentive, which would be the Master of Arts/Master of Science or Chief Officer Certification, shall receive only one incentive pay regardless of whether they have also met the lower recognized education incentive also. Neither shall an employee receive education incentive pay for both a degree and a certification. § 7.Retirement Plan A. Benefits: Safety Members District is enrolled in the State of California Public Employee’s Retirement System. Except as described herein, all benefits provided District employees under the District’s Plan are paid by the District. Present benefits for public safety employees include the following: 1. Tier 1 - Employees hired prior to July 9, 2011: Page 260 17 Fire MEG MOU 2023-2026 § 21362.2 3% at 50 Full Formula § 21574 4th Level 1959 Survivor § 20042 1 Year Final Compensation Effective June 24, 2023, employees contribute 9% of the normal CalPERS member contribution, eliminating EPMC per resolution FD 2023-011. Fire Chief Position, hired prior to July 9, 2011: Effective June 24, 2023, Fire Chief contributes 9% of the normal CalPERS member contribution, eliminating EPMC per resolution FD 2023-011, and contributes 1% towards the Districts’ CalPERS employer contribution. 2. Tier 2 - Employees hired on or after 7/9/11 and through 12/31/12, and Classic PERS members, as defined by PERS, who are hired on or after January 1, 2013: § 21363.3 3% at 55 Full Formula § 21574 4th Level 1959 Survivor § 20037 3 Year Final Compensation Effective June 24, 2023, employees contribute a total of 9% of the normal CalPERS member contribution, eliminating EPMC per resolution FD 2023-011. Fire Chief Position, hired prior to July 1, 2011, and through December 31, 2012, as well as Classic PERS members who are hired on or after January 1, 2013: Effective June 24, 2023, employees in the Fire Chief position pay 9% of the normal CalPERS member contribution, eliminating EPMC per resolution FD 2023-011, and contribute 1% towards the Districts’ CalPERS employer contribution. 3. Employees who are New PERS Members, as defined by PERS, who are hired on or after January 1, 2013: Employees are classified as New Members of PERS when they meet the definition of a "new member" for purposes of retirement pension benefits pursuant to the Public Employees’ Pension Reform Act of 2013. Generally, this includes employees that were hired into a regular position on or after January 1, 2013 or former PERS members who have more than a six-month break in service. CalPERS ultimately determines who is a new member in compliance with the law. Page 261 18 Fire MEG MOU 2023-2026 Employees who are classified as New Members shall be eligible for the 2.7% at 57 Formula, 3 year final compensation average. The employee contribution for new members shall be one-half the normal cost, as determined by CalPERS. As of the effective date of this MOU, the required employee contribution for new members is 11.5% of reportable compensation. This amount will be adjusted periodically by CalPERS, and the District employee contribution adjusted accordingly per state statute. The District has adopted a resolution providing that all employee CalPERS contributions shall be deducted on a pre-tax basis per IRC 414(h)(2). It is understood that all contributions paid by the employee as described in Parts 1 through 2 above shall be calculated based upon the pay rate (i.e. full base salary of the employee), plus any additional special compensation, including any Employer Paid Member Contributions (EPMC), and as described above in Part 3 above, on the pensionable compensation as defined in the California Public Employee’s Pension Reform Act of 2013 (”PEPRA”). The District adopted a resolution providing that all employee CalPERS contributions shall be deducted on a pre-tax basis to the extent permitted by law or IRS regulation. All employee payments of the employer share are odne pursuant to Government Code Section 20516(f). There shall be no sunset date to any provisions in Article II Section 7 Retirement Plan. B. Benefits: Miscellaneous Members District is enrolled in the State of California Public Employee’s Retirement System. All benefits provided District employees under District’s Plan are paid by the District. Present benefits for miscellaneous employees include the following: 1. Tier 1 - Employees hired prior to July 9, 2011: § 21354.4 2.5% at 55 Full Formula § 21574 4th Level 1959 Survivor § 20042 1 Year Final Compensation Effective June 24, 2023, employees contribute a total of 8% of the normal CalPERS member contribution, eliminating EPMC per resolution FD 2023-011. The District adopted a resolution providing that all employee CalPERS contributions to the employer share pursuant to this section shall be deducted on a pre-tax basis. Page 262 19 Fire MEG MOU 2023-2026 Additional benefits for affected employees include the following: •Sec. 20691 Employer Payment of Member Contributions (based on hire date) •Sec. 20636 (c)(4) Reporting of Employer-Paid Member Contribution (EPMC) as Special Compensation •Sec. 20965 Credit for Unused Sick Leave 2. Tier 2 - Employees hired on or after 7/9/11 and through 12/31/12, and Classic PERS members, as defined by PERS, who are hired on or after January 1, 2013: § 21354 2% at 55 Full Formula § 21574 4th Level 1959 Survivor § 20037 3 Year Final Compensation Effective June 24, 2023, employees contribute a total of 7% of the normal CalPERS member contribution, eliminating EPMC per resolution FD 2023-011. The District adopted a resolution providing that all employee CalPERS contributions to the employer share pursuant to this section shall be deducted on a pre-tax basis and to reflect changes in EPMC prior to the effective dates. Additional benefits for affected employees include the following: •Sec. 20691 Employer Payment of Member Contributions (based on hire date) •Sec. 20636 (c)(4) Reporting of Employer-Paid Member Contribution (EPMC) as Special Compensation •Sec. 20965 Credit for Unused Sick Leave 3. Employees who are New PERS Members, as defined by PERS, who are hired on or after January 1, 2013: Employees are classified as New Members of PERS when they meet the definition of a “new member” for purposes of retirement pensions benefits pursuant to the Public Employees Pension Reform Act of 2013. Generally, this includes employees that were hired into a regular position on or after January 1, 2013, or former PERS members who have more than a six-month break in service. CalPERS ultimately determines who is new member in compliance with the law. Employees who are classified as New Members shall be eligible for the 2% at 62 Formula, 3-year final compensation average. Page 263 20 Fire MEG MOU 2023-2026 The employee contribution for new members shall be one-half the normal cost, as determined by CalPERS. As of the effective date of this MOU, the required employee contribution for new members is 6.5% of reportable compensation. This amount will be adjusted periodically by CalPERS, and the District employee contribution adjusted accordingly per state statute. The District adopted a resolution providing that all employee CalPERS contributions shall be deducted on a pre-tax basis per IRC 414(h)(2). 4. PARS The Supplemental Benefit through PARS Phase II Retirement System is provided to all miscellaneous employees hired by December 31, 2012. 5. The following benefit is available to safety personnel at employee cost: Sec. 20930.3 Military Service as Public Service C. Cost Sharing – Classic CalPERS members Classic CalPERS members contribute 1% of compensation earnable via payroll withholding as cost sharing of the employer contributions required by CalPERS effective the first full pay-period in July 2024. The cost sharing contributions shall be made pursuant to Government Code Section 20516(f). This in no way affects the employee share of 9% that Classic employees contribute towards the cost of their retirement, or the amount that PEPRA members contribute towards the employee/member share that is set by CalPERS. This does not increase the cost sharing of the employer contribution that the Fire Chief is already contributing. Parties Agree to a reopener during the third year of the MOU to discuss cost sharing should PEPRA rates increase during the term of the contract. § 8.Work Related Injuries Safety Employees are entitled to full salary and benefits for up to one (1) year, when they sustain an on-the-job work-related injury (see California Labor Code § 4850 for provisions). 4850 covers only safety personnel. Temporary disability payments received during any injury period shall be returned to District. Any Miscellaneous (Non-Safety) employee within the bargaining unit covered herein who is receiving disability payments under the “Workers Compensation Act of California” for on-the-job injuries sustained while engaged in the performance of duties of any such District position, shall receive from the District during the first three months of such disability absence, payments in an amount equal to the difference between the disability payments received under Workers Compensation Act and the Page 264 21 Fire MEG MOU 2023-2026 employee’s full salary. Such payments by the District should be made without any deduction from accrued sick leave benefits. The District’s obligation for such payments shall commence on the first (1st) day of such disability absence. In the event the employee’s disability absence should exceed three months, an employee shall be allowed to supplement the Workers Compensation benefit received under State law with available accrued sick leave, accrued vacation leave, accrued compensatory time. The total number of leave hours, along with the Workers Compensation benefit, shall not exceed the employee’s base pay for each day of the leave. For this purpose, accrued leave hours can only be used in one-hour increments. § 9.Carpooling Those employees participating in a carpool during going to and from their residence and work site shall not be in receipt of a reduced workday. Rather, those employees participating in a “carpool” shall be accorded the following benefit: Eligible carpool employees shall be regular, full-time employees who voluntarily participate in and file a “rideshare application agreement”. Eligibility for ride-share related benefits is conditioned upon: 1. Each affected regular and full-time employee shall ride share with another person(s) in a car or vanpool. 2. In the alternative, each affected regular and full-time employee shall drive to and from work other than in an automobile. For example, such transportation may include a bicycle, public transportation, walking. 3. Eligibility for rideshare benefits shall be conditioned upon 1) the regular and full- time employee participating 60% of the total workdays during a given month, 2) ride sharing for at least 60% of the commute distance, and 3) ride sharing between the hours of 6 and 10 a.m. of the employee’s scheduled work shift. Individuals meeting the above qualifications shall earn $2 for every day that the employee rideshares, paid at the end of each quarter. Further, the City is desirous of devising some type of “drawing” to provide a singular person on a monthly basis with an item of value in recognition of ride sharing. § 10.IRS 125 Plan A. District shall implement authorized pre-tax payroll deduction of out-of-pocket medical contribution premiums. Said pre-tax payroll deduction shall not only be used for the purpose of paying the difference between the amount of District funded premiums for District-provided health insurance plans, and the amount of out-of-pocket premium payments borne by the employee regarding District- provided plans. B. The District agrees to provide technical assistance (such as automatic payroll deduction, etc.) in the event employees decide to expand this benefit from a Page 265 22 Fire MEG MOU 2023-2026 “premium only plan” to a “flexible spending account” provided that those participating pay all costs incurred in expanding and maintaining this program. ARTICLE III LEAVES § 1.Holidays A. Holidays are those days which District designates as observed holidays. Holiday leave is a right, earned as a condition of employment, to a leave of absence with pay. The holidays designated by District are as follows: 40 Hour Personnel July 4 Independence Day September Labor Day (1st Monday) November 11 Veterans Day November Thanksgiving (4th Thursday) November The day following Thanksgiving December 24 The day preceding Christmas December 25 Christmas January 1 New Years Day January Martin Luther King's Birthday (3rd Monday) February President's Day (3rd Monday) May Memorial Day (last Monday) Three (3) discretionary (floating) days may be taken by an employee at his or her convenience, subject to approval by the supervisor. The thirty (30) hours for the three (3) floating holidays shall be credited to the employee at the start of pay period No. 1 of each fiscal year. Whenever a holiday falls on a Sunday, the following Monday shall be observed as a holiday. Whenever a holiday falls on a Friday or Saturday, the preceding Thursday shall be observed as the holiday. 56 Hour Personnel July 4 Independence Day September Labor Day (1st Monday) September Admissions Day October 12 Columbus Day November 11 Veterans Day November Thanksgiving (4th Thursday) November The day following Thanksgiving December 24 The day preceding Christmas Page 266 23 Fire MEG MOU 2023-2026 December 25 Christmas January 1 New Year’s Day January Martin Luther King's Birthday February 12 Lincoln’s Birthday February 22 Washignton’s Birthday May Memorial Day (last Monday) B. Employees shall accrue holiday time as follows: Type of Personnel Per Holiday Annually Maximum Accrual Shift Personnel 12 hours 168 hours 216 hours 40 hour Personnel 10 hours 140 hours 180 hours C. No District employee will be allowed to exceed the maximum accrual at any time. As excess holiday time is earned, it must either be taken as time off or be paid for by District. D. District employees will be advised, in writing, within the pay period prior to the time that maximum holiday accrual is reached or that they are approaching their maximum accrual. E. Holiday time shall be accrued annually beginning with the first pay period of the fiscal year within the pay period which it occurs. Beginning in calendar year 2022, the two December holidays will accrue on November 30 of each year. F. Beginning December 1, 2021, and annually thereafter, any employee that wants to have the District buy back holiday hours shall make an irrevocable election to do so. The irrevocable election shall be submitted in writing to the City’s Human Resources Department on or before December 15 and shall indicate the number of hours of holiday that the employee expects to earn in the following calendar year that the employee wants the District to buy back in December (between first and second pay period). Regardless of the number of hours requested to be cashed out, the most the District can cash out is the number of hours accrued and available in that calendar year to date. G. Holidays may be used as scheduled time off with the approval of the Supervisor. H. Any employee who is on vacation or sick leave when a holiday occurs will not have that holiday charged against his or her vacation or sick leave. Forty (40) hour personnel who obtain prior approval from their immediate supervisor to work a holiday will be allowed to bank that holiday at straight time. If a 40-hour Page 267 24 Fire MEG MOU 2023-2026 employee who is eligible to receive overtime compensation is recalled to work on a holiday, that holiday will be banked at time and a half (1.5) for the number of hours actually worked that day. § 2.Holiday Facility Closure Certain City Facilities may close each year in conjunction with the Christmas and New Year’s holidays. Closure dates for City facilities shall be determined by the City in order to balance the impact on public services. During a holiday closure, affected represented employees may take paid leave from holiday, management leave, and compensatory time or vacation accruals or they may be reassigned to a facility that will remain open during the closure. § 3.Vacation Leave A. Vacation leave is a right to a leave of absence with pay. It is earned as a condition of employment. All full-time employees shall, with continuous service, accrue working days of vacation monthly according to the following schedule: 40-hour Personnel Years of Completed Service Annual Accrual Maximum Accrual Pay Period Accrual Rates 30 days-3 years 85.72 hours 192.0 3.297 4-7 years 128.57 hours 272.0 4.945 8-10 years 171.43 hours 353.0 6.593 11-14 years 188.58 hours 353.0 7.253 15-19 years 205.72 hours 353.0 7.912 20-24 years 222.86 hours 353.0 8.572 25+ years 240.00 hours 353.0 9.231 Shift Personnel Years of Completed Service Annual Accrual Maximum Accrual Pay Period Accrual Rates 30 days-3 years 120 hours/5 shifts 288.0 4.615 4-7 years 180 hours/7.5 shifts 408.0 6.923 8-10 years 240 hours/10 shifts 528.0 9.231 11-14 years 264 hours/11 shifts 528.0 10.154 15-19 years 288 hours/12 shifts 528.0 11.077 20-24 years 312 hours/ 13 shifts 528.0 12.002 25+ years 336 hours/14 shifts 528.0 12.923 Page 268 25 Fire MEG MOU 2023-2026 B. An employee who, as of July 1 of any given year, has completed 10, 20 or 25 years of service shall receive a onetime credit of 24 hours of vacation, if a shift employee; or receive 10 hours, if a 40-hour employee. C. The District will notify employees, in writing, within the pay period prior to the time that maximum vacation accrual will be reached that the accrual is approaching that maximum. The employee will then be required to (1) schedule time off or, (2) receive pay in lieu of time off so as to not exceed the maximum accrual. D. Any full-time employee who is out about to terminate employment and has earned vacation time to his or her credit, shall be paid for such vacation time on the effective date of such termination. When separation is caused by death of an employee, payment shall be made to the estate of such employee. E. For vacation accrual purposes only, safety personnel hired prior to July 1, 1996, are allowed to include prior years of all fire service employment. Effective July 8, 2023, the City Manager may provide an accrual rate for new Fire Management Employees up to the equivalent of a ten-year employee upon hire. F. Annually, any employee that wants to have the District buy back vacation hours shall make an irrevocable election to do so. The irrevocable election shall be submitted in writing to the City’s Human Resources Department on or before December 15 and shall indicate the number of hours of vacation that the employee expects to earn in the following calendar year that the employee wants the District to buy back up to a maximum of 200 hours per year. This buy back shall occur twice annually, in June/July (between the last payday in June and the first payday in July) and November (between the first and second payday of the month), and the employee must indicate the total amount of hours they want paid out in June/July and in November. Regardless of the number of hours requested to the cashed out at either time, the most the District can cash out is the number of hours accrued and available in that calendar year to date. Employees must maintain a minimum of 40 hours of accrued vacation subsequent to any payment of vacation buyback time. § 4.Sick Leave Sick leave shall be used in case of a bona fide illness of the employee upon approval. Sick leave may also be used for sickness, disability, serious illness or emergency of his or her child, parent, or spouse or registered domestic partner, grandparent, grandchild, and sibling, or any other member of the employee’s immediate family as defined by District Personnel Rules, which is incapacitated and/or requires the service of a physician, and when the presence of the employee is required. At the conclusion of the need for time off to care for a family member, said employee shall return to work as soon as possible. The employee must give the immediate supervisor or Fire Chief reasonable advance written or oral notice. If the need for sick leave is not foreseeable, the employee shall provide written or oral notice of the need for sick leave as soon as Page 269 26 Fire MEG MOU 2023-2026 practicable. If the employee is required to be absent on sick leave for more than one day, the employee must keep the immediate supervisor informed each day as to the date the employee expects to return to work and the purpose of the leave. Failure to request sick leave as required by this provision without good reason, may result in the employee being treated as absent without leave. The maximum number of hours that may be used for sickness, disability, serious illness or emergency of his child or her child, parent, or spouse or registered domestic partner, grandparent, grandchild and sibling is equal to the employee’s annual accrual. A. Full-time Employees 1. All employees shall be accruing sick leave as follows: Personnel Monthly Annual Accrual Max. Accrual 40-hour Personnel 10 hours 120 hours No limit Shift Personnel 12 hours (1/2 shift) 144 hours (6 shifts) No limit B. Sick Leave Use 1. Personal Sick Leave Employees can use sick leave for personal illness, injury, a health-related reason (such as the diagnosis, care or treatment of a health condition), or preventive care. 2. Family Sick Leave Employees can use sick leave for the illness or injury of a health-related reason (such as the diagnosis, care or treatment of a health condition), or preventive care of qualified family member. For the purpose of Family Sick Leave, a qualified member means the employee's: child (includes any age or dependency status, or for whom the employee is a legal ward or stands in loco parentis), parent (includes person who stood in loco parentis of the employee as a child), parent-in-law, spouse, registered domestic partner, grandparent, grandparent-in-law, great- grandparent, great-grandparent-in- law, grandchild, great-grandchild, or sibling. 3. Other Statutory Use Sick leave can be used to cover an absence for an employee who is victim of domestic violence, sexual assault, or stalking to: a. Obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health, safety, or welfare of the employee or their child(ren). b. Obtain medical attention or psychological counseling; services from a shelter; program or crisis center; or participate in safety planning or other actions to increase safety. Page 270 27 Fire MEG MOU 2023-2026 C. No employees shall be entitled to sick leave with pay while absent from duty for the following reasons: a. Disability arising from sickness or injury purposely self-inflicted or caused by his or her own willful misconduct. b. Sickness or disability sustained while on leave of absence. D. Except as specified in “G” below, sick leave shall not be used in lieu of or in addition to vacation. E. Employees must provide a physician’s certification upon for any sick leave absence that occurs after the employee has used 40 hours or 4 shifts for 40-hour personnel, whichever is greater, or 96 hours for 56-hour personnel, that involves the illness of the employee or family member. This requirement does not pertain to Personal Leave (see §6). F. The Fire Chief may require medical certification that the employee is capable of and released to return to the performance of all duties of his/her position. G. In case of voluntary or involuntary termination of an employee’s continuous service, except by reason of retirement or lay-off for lack of work or funds shall abrogate all sick leave and no payment will be made by the District for sick leave accrued to the time of such termination regardless of whether or not such employee subsequently reenters District service. H. Any employee incurring a serious injury or illness while on paid vacation leave may have those days of illness changed to sick leave with pay and vacation days restored accordingly, provided the employee has sufficient sick leave accrued and the period of illness is certified by a written doctor’s statement. I. Employees with ten (10) or more years of service shall be eligible to convert unused sick leave to vacation in accordance with the following: 1. Shift Employees who, in the preceding calendar year, accrued 108 to 144 (90 to 120 for 40 hour week employees) unused hours of sick leave earned in that preceding calendar year, may exercise the option of having one-half (1/2) of that unused sick leave accrued in the preceding year converted to vacation leave and the remainder carried over as accrued sick leave. 2. Employees who have accrued 72 to 108 (60 to 90 for 40-hour week employees) unused hours of sick leave earned in the preceding calendar year may exercise the option of having one-fourth (1/4) of the unused sick leave accrued in the Page 271 28 Fire MEG MOU 2023-2026 preceding calendar year converted to vacation leave and the remainder carried over as accrued sick leave. 3. Any employee who qualifies to convert sick leave to vacation leave must submit a written request to the District on or before January 15th of the year in which the conversion is to be made. J. Upon the retirement of an employee, the employee may elect from one or more of the following options: •Sell back up to fifty per cent (50%) of his/her accumulated unused sick leave at the employee's regular hourly rate of pay at retirement. • Designate accumulated unused sick leave for CalPERS service credit per Government Code Section 20965. • Apply the cash value of up to one hundred percent (100%) of accumulated unused sick leave to the employee's VEBA account (if enrolled), at the employee's regular hourly rate of pay, as permitted by the VEBA plan. § 5.Conversion Factor The factor used to convert the accruals for forty (40) hour per week personnel to fifty- six (56) hour per week personnel will be vacation, holiday, and sick leave: Work Week Basis Vacation 40 Hour 56 Hour Conversion Factor 30 days-3 years 85.72 120 1.5 4-7 years 128.57 180 1.5 8-10 years 171.43 240 1.5 11-19 years 188.58 264 1.57 20-24 years 196.58 288 1.57 25+ years 204.58 312 1.57 Holiday 140 168 1.5 Sick 120 144 1.5 (40 to 56) EXAMPLE (8-10 year employee) Employee Benefits Vacation = 100 hours Holiday = 72 hours Sick = 300 hours 472 total hours X 1.5 (factor) = 708 hours total Note: if an employee goes from a 56 to 40 hours basis, the conversion will be the reciprocal of 1.5 or .667 Page 272 29 Fire MEG MOU 2023-2026 § 6.Personal Leave A. The employee shall be granted one (1) day paid personal leave, in addition to the normal leave accrual, to attend the funeral of a relative not in the employee’s immediate family. B. An employee required to appear before a court for other than subpoenas due to actions as a District employee or jury duty will receive the necessary time as paid personal leave, providing: 1. He or she notifies his or her supervisor with adequate advanced notice so that a relief may be obtained. 2. The employee must return to work within a reasonable time after the appearance. C. Personal Leave will be charged against any leave account in which the employee has accrued an appropriate balance, such as sick leave, vacation, or compensatory time. It is the employee’s option which account is to be charged. D. Employees can use up to twenty (20) hours of accrued sick leave as personal leave. These twenty (20) hours can be used incrementally (i.e., 1 hour, ½ hour) throughout the fiscal year. Use this time for emergency situations requiring the employee’s attention and requires prior approval by their supervisor. § 7.Bereavement Leave When a death occurs in the family of a full-time employee, 40-hour personnel shall be granted up to 80 hours of bereavement leave with pay and shift personnel shall be granted up to 112 hours of bereavement leave with pay. A death certificate or othe acceptable evidence may be required by the City Manager or designee before leave is allowed. Family members are defined as follows: employee’s spouse or domestic partner, employee’s parents, employee’s grandparents, employee’s children, son-in-law, daughter-in-law, employee’s siblings, or employee’s grandchildren, employee’s spouse or domestic partner’s parents, employee’s spouse or domestic partner’s grandparents, grandparents-in-law, brother-in-law, sister-in-law, employee’s spouse or domestic partner’s children, employee’s spouses grandchildren, or a blood relative residing with employee. The City Manager or designee shall approve such bereavement leave. (References to domestic partner refer to registered doemstic partners, as defined by California Family Code Section 297.) 40-hour personnel are eligible for up to an additional forty (40) hours of bereavement leave, in addition to the currently provided eighty (80) hours and shift personnel are eligible for up to and additional fifty-six (56) hours of bereavement leave, in addition to the currently provided one hundred and twelve (112) Page 273 30 Fire MEG MOU 2023-2026 hours, when the bereavement leave is related to the employee’s spouse or domestic partner, employee’s parents, employee’s children, son-in law, daughter-in-law, or employee’s siblings, employee’s spouses or domestic partner’s parents, employee’s spouse or domestic partner’s children, or a blood relative residing with the employee. The parties agree to review any usage concerns in June 2024. § 8.Compensatory Time A. In lieu of overtime pay, those employees assigned to a fire suppression 24-hour shift, at the employee’s option, may be compensated with compensatory time off (CTO). CTO will accrue at the rate of one and one-half hours for each overtime hour worked. An employee may accumulate a maximum of 144 hours of CTO. Once employee accumulates 144 hours of CTO, any additional overtime hours will be paid to the employee his or her regular overtime rate of pay in the period earned. B. In addition, all hours remaining in a represented employee’s CTO accrual “bank” will be paid to the employee at the employee’s regular rate of pay at the end of the fiscal year in July and at the “Holiday Vacation/Compensation Time” buy back period in November and the balance in the CTO accounts will be reduced to zero hours. C. Compensatory time may be earned for required attendance at special meetings of the Board of Directors and District Committees, except when such meetings are held in lieu of a regularly scheduled meeting or when such meetings are called and/or scheduled as part of the annual budget preparation process and annual audit. D. Compensatory time may also be earned for special and/or unusual work situation not provided for in the preceding paragraphs. § 9.Administrative Leave Administrative Leave: The following classifications shall earn Administrative Leave each fiscal year as follows: Fire Marshal 50 hours Deputy Fire Chief 75 hours Fire Chief 100 hours Any unused administrative leave, up to a maximum of forty (40) hours in June of each fiscal year must be sold back to District at the employee’s then current hourly rate. Administrative leave shall not be carried beyond the year in which it was earned. § 10.Military Leave A. Every employee who is a member of a state or federal reserve military unit shall be entitled to be absent from service with District while engaged in the performance of ordered military duty and while going to or returning from such duty in accordance with the laws of the State of California or federal government. Page 274 31 Fire MEG MOU 2023-2026 B. Employees are entitled to thirty (30) days paid military leave in any one fiscal year, provided they have been employed by the District for one (1) year prior to this leave. Any employee with less than one (1) year of service must use accrued annual leave or compensatory time if he or she wishes to receive normal pay. C. Employees who are called or volunteer for active service with the armed forces of the United States shall be entitled to reinstatement to their former positions. Upon application for reinstatement, the individual must display a certificate showing service was other than dishonorable. However, any individual must display possessing right of reinstatement automatically forfeits these rights upon voluntary enlistment for a second term. D. Any employee returning from service with the armed forces shall be entitled to such length of service seniority as would have been credited to them had they remained for that period of time with the District. E. An employee who was in a probationary period at the time of military leave shall, upon return, complete the remaining portion of the probationary period according to the rules in effect at the start of military leave. F. An employee promoted to fill a vacancy created by a person serving in the armed forces shall hold such position subject to the return of the veteran. The employee affected by the return shall be restored to his or her former position or one of a similar nature while the returning employee resumes the position he or she previously held. § 11.Jury Duty Any member of District who is called or required to serve as a trial juror may be absent from duty with District during the period of such service or while necessarily being present in court as a result of such call. Such member on jury duty will continue to receive normal pay, provided he or she: A. Notifies his or her supervisor, in advance, with adequate time remaining so that a relief may be obtained. B. Returned to duty within a reasonable time after being released with a signed certificate of service from the court stipulating the hours of service and release time. This certificate may be obtained by asking the court secretary or bailiff. The employee then forwards it to his or her supervisor. C. Pay received for service while absent from District must be turned over to District; however, pay received while off duty may be kept by the employee. D. All personnel called for jury duty must abide by all of the above rules and must return to work if dismissed before the end of their regular work shift. Page 275 32 Fire MEG MOU 2023-2026 § 12.Civil Subpoena/Criminal Subpoena A. Civil Subpoena When members of the District have been served a civil subpoena to appear in court as a witness due to actions as a District employee, the following procedure shall be followed: a. Personnel will be paid at their regular hourly rate while they are in court. b. District transportation will be provided when available. If the employee uses his or her own transportation, he or she will be reimbursed by District at the prevailing mileage rate. c. If the employee is required to appear in a court that is outside the Rancho Cucamonga Fire Protection District and this appearance requires the employee to buy a meal and/or lodging, he or she will be reimbursed. If an extended appearance in court is necessary where lodging and meals would be required, authorization shall be obtained from the department head. B. Criminal Subpoena 1. Pursuant to California Penal Code 1326 et. seq., if an employee is served with a criminal subpoena, the employee will be paid at the regular hourly rate while in court. 2. District transportation will be provided when available. If the employee uses their own transportation, they will be reimbursed by District at the prevailing mileage rate. 3. If the employee is required to appear in court outside the Rancho Cucamonga Fire Protection District and this appearance requires the employee to buy a meal, he or she will be reimbursed. If an extended appearance in court is necessary where lodging and meals would be required, authorization shall be obtained from the Fire Chief. 4. A criminal subpoena need not have a court stamp affixed. § 13.Leaves of Absence without Pay A. Upon the written request of the employee, a leave of absence may be granted for a period not to exceed thirty (30) days by the Fire Chief, or a period not to exceed one (1) year by the Board of Directors. B. Failure of the employee to return to his or her employment upon the termination of an authorized leave of absence shall constitute a separation from service by that employee. C. Leave of absence without pay granted by the Board shall not be construed as a break in service or employment. During these periods, vacation, holiday, or sick leave credits shall not accrue. An employee reinstated after a leave of absence Page 276 33 Fire MEG MOU 2023-2026 without pay shall receive the same step in the salary range received when he or she began the leave of absence. Time spent on such leave without pay shall not count toward service for increases within the salary range or for the purposes of seniority. For the purposes of this section, the employee's merit increase eligibility date shall be adjusted to the date of reinstatement. D. An employee on an approved leave of absence without pay may continue medical insurance coverage by paying the full cost to District, in advance, for each month, or portion thereof, of which he or she is absent. § 14.Natal and Adoption Pay A. Natal and Adoption Leave with Pay Employees within the bargaining unit are granted up to 120 hours of natal and adoption leave with pay for the birth or adoption of a child, however; use of the 120 paid hours does not extend any time charged under FMLA or CFRA or additional state and federal laws. Any paid time required beyond this initial 120 hours must be charged to sick leave, vacation, compensatory or floating holiday time. B. Natal and Adoption Leave without Pay The District shall provide employees up to four months natal and adoption leave for the birth or adoption of a child; such leave shall be pursuant to the provisions of the California Pregnancy Disability Act ("PDA"; California Government Code section 12945), if applicable. The District's PDA policy is incorporated herein by reference. Employees on this leave of absence without pay beyond the four-month period will be responsible for the payment of medical, dental and optical premiums to keep the coverage in force during the leave of absence. ARTICLE IV GRIEVANCE PROCEDURE § 1.Purpose This article is intended to provide a fair and orderly procedure for the resolution of employee. A grievance is a claimed violation, misinterpretation, misapplication, or noncompliance with existing District codes, resolutions, written rules, policies,procedures, orders and regulations, or this document. This grievance procedure shall not apply to disciplinary matters or to reviews of performance evaluation reports or to discharge of probationary employees. Disciplinary matters include all warnings, written reprimands, suspensions, reductions in pay which are not the result of transfer or reassignment, demotions, dismissal or any other action which consists of a taking of property as said term is defined by the courts in the disciplinary context ( Reassignments and/or transfer that result in a loss of compensation shall not be deemed to be disciplinary actions.) § 2.Objectives The grievance procedure is established to accomplish the following objectives: Page 277 34 Fire MEG MOU 2023-2026 A. To settle disagreements at the employee-supervisor level, informally if possible. B. To provide an orderly procedure to handle grievances. C. To resolve grievances as quickly as possible. D. To correct, if possible, the cause of grievances to prevent future similar complaints. E. To provide for a two-way system of communication by making it possible for levels of supervision to address problems, complaints, and questions raised by employees. F. To reduce the number of grievances by allowing them to be expressed and thereby adjusted and eliminated. G. To promote harmonious relations generally among employees, their supervisor and the administrative staff. H. To assure fair and equitable treatment for all employees. § 3.General Provisions A. Preparation of a grievance will be accomplished in such a manner and at a time that will not interfere with normally required work procedures. B. The Board of Directors or its individual members shall not be approached by employees or their representatives at any time that the grievance is being processed. C. Failure of the grievant to comply with time limitations specified in the grievance procedure shall constitute a withdrawal of the grievance, except upon a showing of good cause for such failure. Failure of District supervisory or administrative staff to comply with specified time limitations shall permit the grievant to proceed to the next step in the procedure. EXCEPTION: Notwithstanding the above, an extension of time is permitted with the mutual consent of both parties. D. In the event a grievant elects to represent himself or herself or is represented by counsel other than that provided by the employee organization, the employee organization shall be apprised of the nature and resolution of the grievance if the issues involved are within the scope of said organization's representation rights. E. If an individual named in a dispute is unavailable within the time period specified in these procedures, time limitations can be extended by mutual agreement of the representatives of the respective parties. Page 278 35 Fire MEG MOU 2023-2026 F. Any period of time specified in this rule for the giving of notice or taking of any action exclude weekends and holidays. G. Unless otherwise specifically provided for herein, the term “days” shall mean business days of the District’s Administrative offices. H. An arbitrator shall not have authority to determine if a matter is within the definition of a “grievance” and/or is timely filed or otherwise administratively prosecuted on a timely basis. § 4.Informal Grievance Procedure Most problems or complaints can be settled if the employee will promptly, informally and amicably discuss them with his or her immediate supervisor. Such an initial discussion shall precede any use of the formal grievance procedure. If the immediate supervisor fails to reply to the employee within ten (10) days, or the employee is not satisfied with the decision, the employee may utilize the Formal Grievance Procedure. Although invocation of teh Informal Grievance Procedure does not mandate submission of the grievance in writing, the immediate supervisor shall document the subsatnce of the grievable problem or complaint within seven (7) days of the date that he employee knew or should reasonably have known of the existence of the problem or complaint, shall constitute a waiver by the employee of the ability to utilize the grievance procedure. § 5.Formal Grievance Procedure A. Step I The employee and/or representative shall present the grievance, in writing and signed, to his or her immediate supervisor within fifteen (15) days of the date that cause for grievance arises. An official grievance form must be used stating names, dates, times, place, and nature of grievance, explaining how the grievance fits within the definition of “grievance” as set forth in § 1, above. The employee's supervisor shall attempt to resolve the grievance with the employee and shall submit his or her decision in writing to the employee within ten (10) days after receipt of the grievance. The employee shall have the right to appeal the decision of the supervisor to the Fire Chief. B. Step II 1. If the grievance is not resolved to the satisfaction of the employee, the grievant has seven (7) days following receipt of the written response from his or her supervisor to file a written appeal to the Fire Chief or designated representative. 2. Written appeal to the Fire Chief or designated representative shall consist of the statement of the grievance and shall include a statement by the grievant's representative setting forth the reasons why the response of the employee's supervisor did not satisfactorily resolve the grievance and an indication of the action desired by the grievant. The written appeal shall explain why the grievance fits within the definition of “grievance” as set forth in § 1, above. Page 279 36 Fire MEG MOU 2023-2026 3. After submission of the written appeal, the Fire Chief or designee shall reply within three (3) days, in writing, to the grievant regarding the grievance. In event of rejection, reasons for so doing will be included in the response. C. Step III 1. If the grievance is not resolved to the satisfaction of the employee, the grievant has seven (7) days following receipt of the written response from the Fire Chief or designee to file a written appeal to the Chief Executive Officer (CEO) of the District. The CEO may designate a representative to act in his or her stead. 2.Written appeal to the CEO or designated representative shall consist of the statement of the grievance and shall include a statement by the grievant’s representative setting forth the reasons why the response of the Fire Chief or designee did not satisfactorily resolve the grievance, and an indication of the action desired by the grievant. The written appeal shall explain why the grievance fits within the definition of “grievance” as forth in § 1, above. 3.After submission of the written appeal, the CEO or designee shall reply in writing within fifteen (150 days, to the grievant regarding grievance. The reasons for the decision will be included in the response. 4.Section 1 PURPOSE defined a grievance as a claimed violation, misinterpretation, misapplication or noncompliance with existing District codes, resolutions, written rules, policies, procedures, orders and regulations, or this document. The decision by the CEO or designee shall address whether or not the complaint of the employee is grievable pursuant to the grievance definition set forth in § 1 above and/or is timely filed or otherwise administratively prosecuted on a timely basis. In the event that the CEO or designee determines that the employee’s complaint is not defined by § 1 above as a grievance and/or is not timely filed or otherwise administratively prosecuted in a timely basis, the CEO or designee shall proceed no further unless or until on application by the employee, a judgment is entered at the trial court level, indicative of the complaint being jurisdictionally grievable pursuant to the definitions set forth in § 1 above and/or pursuant to requirements of timeliness. D. Step IV 1. If a grievance is not resolved by the CEO or designee and is deemed “grievable” pursuant to these rules and regulations, (a defined grievance and/or timely) then within seven (7) days of service by the CEO or designee of a grievance decision, the employee may further appeal to binding arbitration. Said appeal shall be timely only if it is received in the office of the CEO or designee not later than seven (7) days after service of the grievable decision by the CEO or designee. 2. The employee’s appeal shall state with specificity the identification of the District Codes, resolutions, written rules or regulations or sections of this document which Page 280 37 Fire MEG MOU 2023-2026 is claimed to have been violated. The appeal shall additionally state with specificity all allegations of facts upon which the grievance is based, and the specific relief sought. 3. Within ten (10) days after receipt of a valid appeal, the CEO or his designee shall request of the California State Conciliation and Mediation Service, that it submit a list of seven (7) arbitrators for hearing of the grievance. The CEO or designee shall direct that a copy of the list of arbitrators be sent to the employee and to the CEO or designee, as well. 4. Absent mutual selection of an arbitrator from either the submitted list or otherwise, the arbitrator shall be chosen by an initial flip of the coin, with the prevailing employee or CEO/designee having the option of making the first strike or directing that the opposing party make the first strike. Following alternate striking, the one remaining arbitration candidate shall be deemed the appointed arbitrator. 5. The arbitrator shall conduct the hearing at a time and place mutually agreed upon by both parties. 6. The hearing shall be memorialized by use of a certified shorthand reporter. The shorthand reporter shall be selected by the employee. 7. All fees and expenses of the arbitrator shall be borne equally by the parties. 8. All fees and expenses related to the securing of a representative and/or legal counsel, the preparation of transcripts, witness fees and other expenses attendant to the presentation of evidence, shall be borne by the party at whose direction said expense is incurred. 9. The per diem fee of the shorthand reporter shall be borne equally by the parties. The cost of transcription shall be borne by the party ordering the transcript. 10.Neither the Federal or California State Rules of Evidence shall be binding upon evidentiary issues at the hearing. However, such authorities may be considered by the arbitrator in rendering evidentiary rulings. Further, the California Administrative Procedure Act shall specifically be of no application to the hearing process. 11.Although the Rules of Evidence shall not be strictly adhered to, hearsay that would be inadmissible in a civil or criminal proceeding cannot in and of itself support a finding by the arbitrator without corroboration. In general, the arbitrator shall admit evidence which is of such reliability that reasonable persons rely upon it in the conduct of serious matters such as the hearing. 12.The burdens of proof and production of evidence shall be borne by the employee and shall be by a preponderance of the evidence. Page 281 38 Fire MEG MOU 2023-2026 13.Not later than ten (10) days prior to the date of commencement of the hearing, the parties shall exchange lists of witnesses each intends to call at the hearing, and a list of documents it intends to introduce at the hearing. Said documents shall be attached to the notifications provided for herein, and the notifications shall actually be in receipt of the opposing party on or before the tenth (10th) day prior to commencement of the hearing. Failure to comply with said requirements shall result in exclusion of witness testimony and/or rejection of exhibits not designated in the submissions. 14.The arbitrator shall be empowered to issue subpoenas for the production of persons and documents. The arbitrator shall designate the subpoena form to be utilized in such case. The California Code of Civil Procedure, the Evidence Code and other applicable statues shall apply to the validity and processing of subpoenas and to the method of service of the same. 15.No later than thirty (30) days after closure of the record, the arbitrator shall render a binding opinion regarding the issues at dispute, and shall submit the binding opinion to the employee, to the Fire Chief and to the Chief Executive Officer of the District. 16.The conduct of the arbitration proceedings shall be governed by this MOU, and not by CCP § 1280 et seq. ARTICLE V DISCIPLINE District and Union have met and conferred and adopted a disciplinary procedure which amends District Personnel Rule XXIV. This procedure conforms with California Government Code Sections 3250-3262, commonly referred to as the “Firefighter’s Bill of Rights” (FBOR). The Fire Chief is considered “At will” and not subject to the general discipline procedures. However, the Fire Chief is entitled to protection under the FBOR and will be afforded all FBOR rights. Under the FBOR, a Fire Chief cannot be removed without affording him or her written notice, the reason(s) for removal, and an opportunity for administrative appeal; and provides that the following is a non-exhaustive list of satisfactory reasons a Fire Chief may be removed: 1) implementation of goals or policies of the employing agency, 2) incompatibility of management styles, or 3) a change of administration. ARTICLE VI SAFETY § 1.Compliance District and employees shall conform to and comply with all health, safety, and sanitation requirements imposed by District, state or federal law or regulations adopted under state or federal law. Page 282 39 Fire MEG MOU 2023-2026 § 2.No Discrimination No employee shall be in any way discriminated against as a result of reporting any condition believed to be a violation of § 1 of this Article V. § 3.Safety Equipment Should the employment duties of an employee in the unit, in the estimation of OSHA, require use of any equipment or gear to ensure the safety of the employee or others, District agrees to furnish such equipment or gear. § 4.Employee Responsibility In the course of performing their normally assigned work, employees will be alert to observe unsafe practices, equipment, and conditions; as well as environmental conditions in their immediate area which represent health hazards and will report such conditions to their immediate supervisor. All employees shall make certain that all power machinery is equipped with safety devices properly installed and in working condition and that co-workers use utmost care in the handling of tools and equipment. Employees shall report all accidents immediately to their immediate supervisors. Reports shall be submitted on forms provided by District. § 5.Smoking Policy Employees have agreed to accept and abide by the District “Smoking Policy,” as written and approved by the Chief. ARTICLE VII MANAGEMENT RIGHTS § 1.Scope of Rights It is understood and agreed that District possesses the sole right and authority to operate and direct the employees of District in all aspects, except as modified in this Memorandum of Understanding. These rights include, but are not limited to: A. The right to determine its mission, policies, and standards of service to be provided to the public; B. To plan, direct, control, and determine the operations or services to be conducted by employees of the District; C. To determine the methods, means, and number of personnel needed to carry out District’s mission; D. To direct the working forces; E. To hire, assign, or transfer employees within District; F. To promote, suspend, discipline, or discharge employees; Page 283 40 Fire MEG MOU 2023-2026 G. To layoff or relieve employees due to lack of work or funds or for other legitimate reasons. (any provision within this MOU, City rules and regulations or any other policy or procedure promulgated by the City or any Department of the City which prohibits the imposition of layoffs, is deemed null and void); H. To make, publish, and enforce rules and regulations; I. To introduce new or improved methods, equipment, or facilities; J. To contract out for goods and services; K. To take any and all actions as may be necessary to carry out the mission of District in situations of civil emergency as may be declared by the Board of Directors or Fire Chief; L. To schedule and assign work; M. To establish work and productivity standards. § 2.Emergency Conditions If in the sole discretion of the Board of Directors or Fire Chief it is determined that extreme civil emergency conditions exist, including, but not limited to, riots, civil disorders, earthquakes, floods, or other similar catastrophes, the provisions of this MOU may be suspended during the time of the declared emergency, provided that wage rates and monetary fringe benefits shall not be suspended. ARTICLE VIII EMPLOYEE RIGHTS The Fire District shall provide thirty (30) minutes at a mutually agreeable time during the employee onboarding process for a Fire Management Employee Group (Group) representative to meet with a new Group covered employee and present the benefits of being a member of the Group. Onboarding of new employees occurs during the first working day at the start of a new pay-period up to 26 times per year. The Fire District will provide a calendar before the start of a new year. A Group representative will have up to 30 minutes of uninterrupted time to meet with new Group covered employees. Prior to the meeting, or in no case later than the meeting time, the Fire District will provide the name and job assignment of the new employee to the Group representative. The Fire District will provide the designated Group representatives with all available information about the employee as required under AB 119 within 30 days of the employees start date and the Fire District will provide the required information on all Group covered employees again as required under AB 119 at least three (3) times per year. ARTICLE IX MAINTENANCE OF BENEFITS All benefits enjoyed by the employees at the present time, which are not included in nor specifically changed by this MOU, shall remain in full force and effect; provided, however, that upon the mutual agreement of the parties, the meet and confer process may be initiated to address proposed changes. This Article is not to be interpreted as affecting any other rights Page 284 41 Fire MEG MOU 2023-2026 or obligations the respective parties have under § 3500, et seq., of the California Government Code. ARTICLE X APPROVAL BY THE BOARD OF DIRECTORS This MOU is subject to approval by the Board of Directors of District. The parties hereto agree to perform whatever acts are necessary both jointly and separately to urge the Board to approve and enforce this MOU in its entirety. Following approval of this MOU by the Board, its terms and conditions shall be implemented by appropriate ordinance, resolution, or other lawful action. ARTICLE XI PROVISIONS OF LAW A. It is understood and agreed that this MOU and employees are subject to all current and future applicable Federal and State laws and regulations and the current provisions of District law. If any part or provisions of this MOU is in conflict or inconsistent with such applicable provisions of those Federal, State, or District enactments or is otherwise held to be invalid or unenforceable by any court of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of this MOU shall not be affected thereby. If any substantive part or provision of this MOU is suspended or superseded, the parties agree to re-open negotiations regarding the suspended or superseded part or provisions with the understanding that the total compensation to employees under this MOU shall not be reduced or increased as result of this Article. B. District and Fire MEG recognize that under this MOU and in personnel matters not covered in this contract, the current District Personnel Rules as amended and effective shall apply. The Personnel Rules applicable to the Association shall not be changed for the duration of this MOU. ARTICLE XII TERM The term of this MOU shall run from July 1, 2023, through and including 11:59 p.m. on June 30, 2026. ARTICLE XIII NEGOTIATION OF SUCCESSOR MOU In the event either party wishes to negotiate a successor MOU, the parties agree that negotiations shall commence on or about December 1, 2025. Fire MEG Fire District _________________________________ ____________________________ Date Date Page 285 42 Fire MEG MOU 2023-2026 _________________________________ _____________________________ Chad Comeau John R. Gillison Fire Battalion Chief City Manager _____________________________ Jenifer Phillips Human Resources Director Page 286 43 Fire MEG MOU 2023-2026 Addendum A Fire Management MOU 2023-2026 Fire Business Manager Fire Business Manager Classification - (effective the first full pay period following negotiation and implementation of an Employer Employee Relations Resolution) •Fire Business Manager position moves from Fire Support to Fire Management. •Salary Range ($9,376 - $11,966/month). The FSSA and Fire Meg Salary schedules would be amended automatically. •The incumbent would see a minimum of 5% salary adjustment to the next nearest step effective the first full pay period following negotiation and implementation of an Employer Employee Relations Resolution. •The incumbent would be eligible for next merit increase on existing anniversary date (2/10/2024). •Administrative Leave would be 50 hours per fiscal year. •4% District paid contribution to deferred compensation effective the first full pay period following negotiation and implementation of an Employer Employee Relations Resolution. Deferred Compensation is paid into the 401a plan. This is the same benefit as the City's Finance Manager position, which we view as an equivalent position to Fire Business Manager. Theses Sections would be incorporated into the next MOU assuming the EERR is adopted, and the position moves from FSSA to Fire MEG. Page 287 ATTACHMENT 3 RESOLUTION NO. FD 2023-XXX A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE RANCHO CUCAMONGA FIRE MANAGEMENT EMPLOYEES GROUP SALARY SCHEDULE FOR FISCAL YEAR 2023-2024. WHEREAS, the Board of Directors of the Rancho Cucamonga Fire Protection District has determined that it is necessary for the efficient operation and management of the District that policies be established prescribing salary ranges, benefits and holidays, and other policies for employees of the Rancho Cucamonga Fire Protection District; and WHEREAS, the Board of Directors of the Rancho Cucamonga Fire Protection District has previously adopted salary resolutions that established salary ranges, benefits, and other terms of employment for employees of the Rancho Cucamonga Fire Protection District; and WHEREAS, the Board of Directors of the Rancho Cucamonga Fire Protection District recognizes that it is necessary from time to time to amend the salary resolution to accommodate changes in position titles, classifications salary ranges, additions and deletions of classifications, benefits, and other terms of employment; and NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Rancho Cucamonga Fire Protection District, Rancho Cucamonga, California to approve the attached Rancho Cucamonga Fire Management Employees Salary Schedule (Attachment 4) effective July 8, 2023. PASSED, APROVED AND ADOPTED this 21st day of June 2023. Page 288 Resolution No. FD 2023-XXX A B C D E F FIRE CHIEF 96.87 101.72 106.80 112.13 117.14 123.63 Hourly 7,749.60 8,137.60 8,544.00 8,970.40 9,371.20 9,890.40 Bi-Weekly 16,790.80 17,631.47 18,512.00 19,435.87 20,304.27 21,429.20 Monthly FIRE DEPUTY CHIEF 79.47 83.45 87.62 92.01 96.60 101.43 Hourly 6,357.60 6,676.00 7,009.60 7,360.80 7,728.00 8,114.40 Bi-Weekly 13,774.80 14,464.67 15,187.47 15,948.40 16,744.00 17,581.20 Monthly FIRE BATTALION CHIEF 49.48 51.95 54.55 57.28 60.14 Hourly (56 Hour Workweek)5,541.78 5,818.71 6,109.21 6,415.32 6,735.43 Bi-Weekly 12,007.19 12,607.20 13,236.63 13,899.87 14,593.44 Monthly FIRE BATTALION CHIEF 69.27 72.73 76.37 80.19 84.19 Hourly (40 Hour Workweek)5,541.78 5,818.71 6,109.21 6,415.32 6,735.43 Bi-Weekly 12,007.19 12,607.20 13,236.63 13,899.87 14,593.44 Monthly FIRE MARSHAL 74.29 78.01 81.92 86.02 90.30 Hourly 5,943.20 6,240.80 6,553.60 6,881.60 7,224.00 Bi-Weekly 12,876.93 13,521.73 14,199.47 14,910.13 15,652.00 Monthly BC TRAINING OFFICER STIPEND (7.26% of 40 hr BC Current Step) 40 Hour Workweek 5.03 5.28 5.54 5.82 6.11 Hourly 56 Hour Workweek 3.59 3.77 3.96 4.16 4.37 Hourly 402.33 422.44 443.53 465.75 488.99 Bi-Weekly 871.72 915.28 960.98 1,009.13 1,059.48 Monthly SALARY SCHEDULE AS OF JULY 8, 2023 FIRE MANAGEMENT EMPLOYEES GROUP ATTACHMENT 4 Fire Management Employees Group Salary Schedule July 8, 2023 Page 289 DATE:June 21, 2023 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 Ceballos, Environmental Programs Manager SUBJECT:Public Hearing to Consider a Resolution to Set Residential, Commercial, and Industrial Solid Waste Collection Rates within the City of Rancho Cucamonga. (RESOLUTION NO. 2023-062) (CITY) RECOMMENDATION: Staff recommends the City Council adopt a resolution approving the proposed solid waste rate adjustment request from Burrtec Waste Industries, Inc. (Burrtec) for residential, industrial and commercial accounts. BACKGROUND: The City of Rancho Cucamonga’s (City) franchise waste hauler, Burrtec Waste Industries, Inc. (Burrtec), submitted a written request for a biennial adjustment to the residential and commercial solid waste collection rates to the City on February 24, 2023, and a revised packet on March 27, 2023. This packet includes certain criteria required by the Franchise Agreement and the Amendment dated and signed on August 17, 2022. The Amendment revised the rate methodology to include a pass through of disposal and processing fees; a five percent cap on service fees; an increase to the household hazardous waste fee; and a new Senate Bill 1383 (SB 1383) Compliance Fee. The Amendment also includes a mid-cycle increase that would be effective in July 2024. Additionally, the City and Burrtec agreed to implement residential food waste collection required by SB 1383 in September 2022 and instead of implementing the increase in 2022 as initially proposed, the cost was agreed to be distributed over a five-year period ending in 2027. SB 1383 was signed into law in September 2016 to help reduce short-lived climate pollutants to address climate change. To meet the statewide goal of reducing 75% of organic waste disposal by 2025, the State developed regulations that required local jurisdictions to adopt and enforce organic waste recycling beginning January 1, 2022. The City Council adopted Ordinance 989, adding Chapter 8.15 (Mandatory Organics Waste Disposal Reduction) to Title 8 Health and Safety of the Rancho Cucamonga Municipal Code, incorporating the requirements of SB 1383. In addition to the ordinance, the City Council approved an Amendment to the Franchise Agreement as described above. The rate adjustment packet also includes a new collection program for multi-family complexes and commercial customers with bin service for the collection of bulky items. City staff and commercial property owners and managers met several years ago to discuss the impacts on businesses from illegally dumped bulky items and construction waste. Staff reviewed multi-family bulky item collection programs in neighboring communities and requested Burrtec complete a 12- Page 290 Page 2 1 8 5 2 month bulky item pick-up pilot program. The target area for the pilot program included 19 multi- family complexes located in close proximity to businesses that had complained of the frequent illegal dumping of bulky household items, such as sofas and mattresses, and/or construction waste. During the pilot program, Burrtec worked closely with property management for each site to determine appropriate locations for bulky items and provided signage and outreach. Residents could simply place bulky items in a specific location and Burrtec would pick up the items weekly as scheduled. Prior to the pilot program, the bulky item pick-up fee was not bundled with trash and recycling for multi-family complexes and the residents and/or the property management or the businesses would be charged the per bulky item pick-up fee of $34.00 and a fee of $12.47 per item for each collection. The City partnered with Burrtec to create a uniform bulky item collection program for multi-family complexes and businesses that is modeled after successful programs in neighboring cities. The proposed rate adjustment submittal has been reviewed by staff and reviewed by a third-party rate consultant to ensure it is in accordance with the terms of the agreed upon methodology outlined in the agreement with Burrtec. In addition, the rate packet was reviewed and discussed by the Public Works Subcommittee on April 26, 2023. ANALYSIS: In the Amendment to the Agreement approved by the City Council on August 17, 2022, the City and Burrtec agreed to implement residential food waste collection in September 2022 and instead of implementing a rate increase in 2022, as initially proposed, the cost was distributed over a five- year period ending in 2027. The amendment included the following elements that impact rates: Rate Methodology The revised methodology for calculating rates includes: 1) the pass through of landfill, disposal costs, 2) franchise fee and 3) Household Hazardous Waste (HHW) fee. The rate adjustment methodology now includes a “lookback” provision on the disposal and processing costs as well as the SB 1383 fee, at the start of each rate review period (to start in 2025 for 2024 actual increase). The proposed rate packet includes actual increases for 2023 and estimates for 2024 for the Proposition 218 public hearing process. SB 1383 Compliance Fee The SB 1383 fee covers the costs of the SB 1383 requirements that are not service related, such as outreach, record keeping, enforcement, edible food recovery program, and the procurement of recovered organic products. The SB 1383 fee does not include costs for hauling, disposal, and processing of organic products, which are included in the solid waste service component and disposal and processing cost components of the rate. The SB 1383 fee in the proposed 2023-24 rate adjustment packet includes outreach, record keeping, and enforcement. Funding for food waste pails, procurement of recovered organic products and edible food rescue, are currently being funded by a 2-year grant. The grant period is from May 2022 through May 2024. The SB 1383 fee will be reviewed at each rate adjustment period by the City and Burrtec to determine if changes are necessary, should costs change or grant funds be unavailable. HHW Fee The proposed rates include an increase to the HHW Disposal Fee, from 0.75% to 1.75%. The 1% increase would offset the costs associated with the growing cost of household hazardous waste disposal. This program has been successfully utilized by hundreds of residents each week for many years and works to eliminate illegal dumping and improper disposal of hazardous waste products from homes in the City, resulting in safer and healthier living for City residents. Page 291 Page 3 1 8 5 2 New Program – Multi-family and Commercial Bulky Item Pick-up As previously described, the City partnered with Burrtec to create a uniform bulky item collection program for multi-family complexes and businesses that is modeled after successful programs in neighboring cities. Currently, there is an additional charge for multi-family and commercial bulky item pick-up requests, as well as per item charge. The City has found that illegal dumping is problematic in both multi-family complexes (during move out), and commercial complexes (contractor waste and household bulky items), with the burden of cost falling upon the property owner. City staff and Burrtec staff worked with complexes to gather some baseline data to assist in determining a bundled rate for the 2023-24 rate adjustment period. The proposed multi-family and commercial bulky item pick-up bundled rate, if approved, would add a new rate component of $0.38 per yard to the rate. If the bundled rate is approved, a designated bulky item spot would be identified and labeled within the multi-family complexes, and a regular weekly pick up of bulky items in multi-family complexes would be scheduled. Business complexes would not be on a set schedule since they are not regularly generating bulky items. If the new rate/program is approved, a business experiencing illegal dumping would contact Burrtec customer service to schedule a pick-up of the bulky item(s) at no additional cost to the property owner. The table below shows rates that are currently on the rate schedule, and the proposed rate adjustment included in the packet from Burrtec. Account Type Current Rate Proposed 2023 Rate Proposed 2024 Rate** Residential $ 29.01 $ 30.57 $ 33.44 Senior Residential $ 19.44 $ 20.48 $ 22.40 Multi-Family Barrel $ 27.76 $ 28.50 $ 30.08 Multi-Family Bin* $ 201.45 $ 240.01 $ 257.78 Commercial* $ 207.38 $ 237.85 $ 249.47 *Multi-family bin and commercial rates vary by bin size and frequency of service. **Based on estimated costs for the mid-cycle adjustment. All proposed rates are displayed in Attachment 2. Attachment 3 provides a detailed breakdown of the residential rate. Public Hearing Notice The City mailed the required forty-five (45) day notification to the public in accordance with Proposition 218 by publishing notice of this hearing on May 2, 2023, in the Inland Valley Daily Bulletin, a local newspaper of general circulation, as well as a separate mailing to each residential and commercial address on May 5, 2023. The proposed revised rates will also be available for public review in the City Clerk’s Office. As of May 31, 2023, staff received a total of 10 inquiries, and 6 written protests. FISCAL IMPACT: The City receives a franchise fee from Burrtec, paid quarterly, which equals fifteen percent (15%) of the gross receipts received by Burrtec. The franchise fee amount is expected to change as the proposed adjusted rate is revised. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This adjustment would meet the City Council’s goal of promoting and enhancing a safe and healthy community for all. Page 292 Page 4 1 8 5 2 ATTACHMENTS: Attachment 1 – Resolution No. 2023-062 Attachment 2 - Exhibit A- Proposed Solid Waste Collection Rate Attachment 3 - Exhibit B- Residential Breakdown Page 293 RESOLUTION NO. 23-XXX - Page 1 of 8 RESOLUTION NO. 23-XXXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SETTING RESIDENTIAL AND COMMERCIAL SOLID WASTE AND RECYCLING COLLECTION RATES WITHIN THE CITY OF RANCHO CUCAMONGA, CALIFORNIA. WHEREAS, the City Council of the City of Rancho Cucamonga has previously adopted Chapter 8.17 of Title 8 of the Rancho Cucamonga Municipal Code establishing Solid Waste Service Rules and Regulations and authorizing that the rates, fees and charges arising, directly or indirectly, under said legislation be adopted pursuant to resolution, and thereafter, be amended from time to time by resolution; and WHEREAS, pursuant to the Rancho Cucamonga Municipal Code Sections 8.17.030 and 8.17.040, and agreements between the City of Rancho Cucamonga and Burrtec Waste Industries (“Burrtec”) for the collection, disposal, and processing of residential, and commercial refuse, recyclables, and green waste within the City of Rancho Cucamonga; and, WHEREAS, pursuant to the Rancho Cucamonga Municipal Code Sections 8.17.040, and the agreements, Burrtec has requested a change in the rates to be charged for residential, and commercial collection services, and has provided the City with the financial, operational, and other information; and WHEREAS, based upon the amount of the rate changes requested and the information provided by Burrtec pursuant to Rancho Cucamonga Municipal Code Sections 8.17.040 and 8.17.030, the City Council has determined that such changes are justified and appropriate; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. A. Resolution. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find and resolve as follows: Section 1. The facts set forth in the Recitals, of this Resolution, are true and correct. Section 2.The City Council of the City of Rancho Cucamonga does hereby approve the proposed monthly rates for solid waste collection as follows: ATTACHMENT 1 Page 294 RESOLUTION NO. 23-XXX - Page 2 of 8 RESIDENTIAL RATES: Residential Barrel Service 2023 Rate 2024 Rate Standard $ 30.57 $ 33.44 Senior $ 20.48 $ 22.40 35-Gallon Barrel $ 25.78 $ 28.55 Multi-family (Per Unit)$ 28.50 $ 30.08 Additional Trash Barrel $ 8.49 $ 8.91 Additional Recycling Barrel $ 1.71 $ 1.80 Additional Mixed Organics $ 4.39 $ 4.61 Backyard Pull-Out Service $ 57.06 $ 59.91 Bear Proof Barrel $ 15.86 $ 16.65 Additional Residential Services 2023 Rate 2024 Rate Temporary Bins $ 123.25 $ 129.41 Temporary Bins-Extra Pick- Up $ 123.25 $ 129.41 Bulky Item (In excess of four collections/five items per collection) 2023 Rate 2024 Rate Trip Charge $ 35.70 $ 37.49 Per Item Charge $ 13.09 $ 13.74 Residential Single and Multi-Family Bin Service Includes 1 trash, 1 recycling, same size & frequency, and bulky item pick-up. Size Frequency 2023 Rate 2024 Rate 1.5 CY 1 time a week $ 167.77 $ 182.50 1.5 CY 2 times a week $ 265.04 $ 287.23 1.5 CY 3 times a week $ 361.10 $ 390.70 1.5 CY 4 times a week $ 457.82 $494.87 1.5 CY 5 times a week $ 554.58 $ 599.04 1.5 CY 6 times a week $ 651.98 $ 703.94 2 CY 1 time a week $ 194.30 $ 210.18 2 CY 2 times a week $ 316.89 $ 341.31 2 CY 3 times a week $ 439.91 $ 472.89 2 CY 4 times a week $ 560.64 $ 602.08 2 CY 5 times a week $ 681.40 $ 731.27 2 CY 6 times a week $ 802.88 $ 861.26 3 CY 1 time a week $ 240.01 $ 257.78 3 CY 2 times a week $ 407.42 $ 435.54 3 CY 3 times a week $ 574.91 $ 613.41 3 CY 4 times a week $ 715.37 $ 762.73 3 CY 5 times a week $ 874.49 $ 931.77 3 CY 6 times a week $ 1,034.43 $ 1,101.69 4 CY 1 time a week $ 297.82 $ 318.13 4 Cy 2 times a week $ 509.17 $ 541.62 4 CY 3 times a week $ 720.28 $ 764.88 4 CY 4 times a week $ 931.26 $ 988.01 4 CY 5 times a week $ 1,142.24 $ 1,211.10 4 CY 6 times a week $ 1,353.59 $ 1,434.63 Page 295 RESOLUTION NO. 23-XXX - Page 3 of 8 COMMERCIAL RATES: Commercial Barrel Service-Trash & Recycling Service Barrel Size Frequency 2023 Rate 2024 Rate 95 gallon 1 time a week $ 40.79 $ 42.79 95 gallon 2 times a week $ 66.83 $ 70.10 95 gallon 3 times a week $ 93.06 $ 97.60 95 gallon 4 times a week $ 119.17 $ 124.95 95 gallon 5 times a week $ 145.31 $ 152.35 95 gallon 6 times a week $ 171.56 $ 179.88 Additional 65 gallon 1 time a week $ 2.05 $ 2.15 Commercial Trash and Recycling Bin Service * Includes 1 trash, 1 recycling, same size & frequency, and bulky item pick-up. Bin Size Frequency 2023 Rate 2024 Rate 1.5 CY 1 time per week $ 160.73 $ 168.62 1.5 CY 2 times per week $ 253.67 $ 266.08 1.5 CY 3 times per week $ 345.35 $ 362.20 1.5 CY 4 times per week $ 437.73 $459.06 1.5 CY 5 times per week $ 530.14 $ 555.95 2 CY 6 times per week $ 623.16 $ 653.48 2 CY 1 time per week $ 186.79 $ 195.94 2 CY 2 times per week $ 304.61 $ 319.47 2 CY 3 times per week $ 422.77 $ 443.36 2 CY 4 times per week $ 538.67 $ 564.86 2 CY 5 times per week $ 654.58 $ 686.39 2 CY 6 times per week $ 771.20 $ 808.65 3 CY 1 time per week $ 237.85 $ 249.47 3 CY 2 times per week $ 396.18 $ 415.44 3 CY 3 times per week $ 555.34 $ 582.27 3 CY 4 times per week $ 713.96 $ 748.54 3 CY 5 times per week $ 872.58 $ 914.82 3 CY 6 times per week $ 1,031.92 $ 1,081.86 4 CY 1 time per week $ 288.46 $ 302.51 4 CY 2 times per week $ 492.85 $ 516.76 4 CY 3 times per week $ 696.97 $ 730.71 4 CY 4 times per week $ 900.96 $ 944.55 4 CY 5 times per week $ 1,104.95 $ 1,158.37 4 CY 6 times per week $ 1,309.29 $ 1,372.54 6 CY 1 time per week $ 370.80 $ 388.79 6 CY 2 times per week $ 664.92 $ 697.06 6 CY 3 times per week $ 959.05 $ 1,005.36 6 CY 4 times per week $ 1,253.54 $ 1,314.01 6 CY 5 times per week $ 1,547.64 $ 1,622.27 6 CY 6 times per week $ 1,841.71 $ 1,930.49 Page 296 RESOLUTION NO. 23-XXX - Page 4 of 8 Green Waste Multi-Family/Commercial Bins Size Frequency 2023 Rate 2024 Rate 95 gallon 1 time per week $ 48.76 $ 51.20 95 gallon 2 times per week $ 83.34 $ 87.52 95 gallon 3 times per week $ 113.38 $ 119.05 95 gallon 4 times per week $ 143.80 $ 150.99 95 gallon 5 times per week $ 182.98 $ 192.13 95 gallon 6 times per week $ 204.00 $ 214.21 2 CY 1 time per week $ 168.46 $ 176.88 2 CY 2 times per week $ 261.96 $ 275.08 2 CY 3 times per week $ 356.28 $ 374.09 2 CY 4 times per week $ 450.05 $ 472.58 2 CY 5 times per week $ 543.76 $ 570.97 2 CY 6 times per week $ 638.31 $ 670.25 3 CY 1 time per week $ 200.34 $ 210.37 3 CY 2 times per week $ 321.17 $ 337.23 3 CY 3 times per week $ 442.85 $ 465.01 3 CY 4 times per week $ 563.96 $ 592.18 3 CY 5 times per week $ 684.98 $ 719.27 3 CY 6 times per week $ 806.91 $ 847.29 Mixed Organics Multi-Family Barrels Barrel Size Frequency 2023 Rate 2024 Rate 15 gallon 1 time per week $ 39.10 $ 41.07 15 gallon 2 times per week $ 63.82 $ 67.00 15 gallon 3 times per week $ 83.82 $ 88.01 15 gallon 4 times per week $ 104.20 $ 109.42 15 gallon 5 times per week $ 133.69 $ 140.37 15 gallon 6 times per week $ 144.37 $ 151.59 35 gallon 1 time per week $ 40.55 $ 42.58 35 gallon 2 times per week $ 66.61 $ 69.95 35 gallon 3 times per week $ 87.96 $ 92.37 35 gallon 4 times per week $ 109.71 $ 115.18 35 gallon 5 times per week $ 140.54 $ 147.57 35 gallon 6 times per week $ 152.56 $ 160.19 65 gallon 1 time per week $ 42.67 $ 44.80 65 gallon 2 times per week $ 70.76 $ 74.29 65 gallon 3 times per week $ 94.14 $ 98.85 65 gallon 4 times per week $ 117.90 $ 123.80 65 gallon 5 times per week $ 150.76 $ 158.29 65 gallon 6 times per week $ 164.82 $ 173.06 95 gallon 1 time per week $ 44.79 $ 47.04 95 gallon 2 times per week $ 74.91 $ 78.64 95 gallon 3 times per week $ 100.31 $ 105.32 95 gallon 4 times per week $ 126.10 $ 132.41 95 gallon 5 times per week $ 160.98 $ 169.03 95 gallon 6 times per week $ 177.07 $ 185.92 Page 297 RESOLUTION NO. 23-XXX - Page 5 of 8 Additional Recycling Bin Service- Not available to accounts established after 6/30/17 Size Frequency 2023 Rate 2024 Rate 3 CY 1 time a week $ 65.81 $ 69.11 3 CY 2 times a week $ 117.63 $ 123.52 3 CY 3 times a week $ 157.84 $ 165.73 3 CY 4 times a week $ 199.78 $ 209.78 3 CY 5 times a week $ 240.53 $ 252.55 3 Cy 6 times a week $ 282.69 $ 296.83 Additional Recycling Bins- New Accounts Size Frequency 2023 Rate 2024 Rate 1.5 CY 1 time a week $ 117.19 $ 123.05 1.5 CY 2 times a week $ 168.58 $ 177.00 1.5 CY 3 times a week $ 218.70 $ 229.63 1.5 CY 4 times a week $ 269.53 $ 283.00 1.5 CY 5 times a week $ 320.34 $ 336.35 1.5 CY 6 times a week $ 371.81 $ 390.39 2 CY 1 time a week $ 129.55 $ 136.02 2 CY 2 times a week $ 192.07 $ 201.68 2 CY 3 times a week $ 255.00 $ 267.76 2 CY 4 times a week $ 315.71 $ 331.50 2 CY 5 times a week $ 376.40 $ 395.22 2 CY 6 times a week $ 437.77 $ 459.65 4 CY 1 time a week $ 176.38 $ 185.21 4 CY 2 times a week $ 271.20 $ 284.74 4 CY 3 times a week $ 365.68 $ 383.96 4 CY 4 times a week $ 460.13 $ 483.12 4 Cy 5 times a week $ 554.50 $ 582.22 4 Cy 6 times a week $ 649.23 $ 681.69 6 CY 1 time a week $ 204.55 $ 214.79 6 CY 2 times a week $ 334.57 $ 351.30 6 CY 3 times a week $ 464.07 $ 487.28 6 CY 4 times a week $ 593.56 $ 623.24 6 CY 5 times a week $ 722.68 $ 758.81 6 CY 6 times a week $ 851.75 $ 894.32 Commercial Trash and Recycling Compacter Service Size Frequency 2023 Rate 2024 Rate 3 CY 1 time a week $ 351.54 $ 368.83 3 CY 2 times a week $ 583.89 $ 612.53 3 CY 3 times a week $ 817.48 $ 857.51 3 CY 4 times a week $ 1,050.25 $ 1,101.65 3 CY 5 times a week $ 1,282.89 $ 1,345.63 3 CY 6 times a week $ 1,516.83 $ 1,590.99 4 CY 1 time a week $ 426.04 $ 446.97 4 CY 2 times a week $ 725.44 $ 760.96 4 CY 3 times a week $ 1,024.71 $ 1,074.82 4 CY 4 times a week $ 1,323.81 $ 1,388.52 4 CY 5 times a week $ 1,622.88 $ 1,702.16 Page 298 RESOLUTION NO. 23-XXX - Page 6 of 8 4 CY 6 times a week $ 1,922.14 $ 2,016.00 6 CY 1 time a week $ 568.83 $ 596.72 6 CY 2 times a week $ 1,005.00 $ 1,054.13 6 CY 3 times a week $ 1,441.02 $ 1,511.39 6 CY 4 times a week $ 1,876.94 $ 1,968.53 6 CY 5 times a week $ 2,312.82 $ 2,425.66 6 CY 6 times a week $ 2,748.85 $ 2,882.94 ROLL-OFF RATES: Trash Roll-Offs: Roll-off service rate is charged per service and subject to market rate disposal and processing fees charged per ton. Size 2023 Rate 2024 Rate 10 Yard $ 701.27 $ 736.02 20 Yard $ 701.27 $ 736.02 40 Yard $ 701.27 $ 736.02 40 Yard Compactor $ 1,019.50 $ 1,070.15 Recycling Roll-Offs: Roll-off service is charged per service and subject to market and rate disposal and processing charged per ton. Size 2023 Rate 2024 Rate 10 Yard- Inert (6 tons)$ 278.14 $ 292.05 40 Yard- C&D (8 tons)$ 217.93 $ 228.83 20/40 Yard- Recycling $ 217.93 $ 228.83 40 Yard-Recycling Compactor $ 217.93 $ 228.83 40 Yard-Wood/green recycling $ 217.93 $ 228.83 Additional Trash Roll-Off Fees Size 2023 Rate 2024 Rate Dry/Run Relocation Fee $ 73.74 $ 77.01 Tilthopper Rental $ 47.57 $ 49.95 End Dump (hourly rate)$ 218.11 $ 229.02 Roll-off Rental Fee (per day)$ 29.12 $ 30.58 Flat Bed $ 415.41 $ 436.18 MISCELLANEOUS AND FOOD WASTE SERVICE RATES: Additional Miscellaneous Services Fees Size 2023 Rate 2024 Rate Extra Pick-Up (barrel):$ 24. 48 $ 25.70 Extra Pick-Up (bin)$ 51.64 $ 54.22 Extra Pick-Up (compactor):$ 103.29 $ 108.45 Extra Pick-Up (Food Waste Barrel)$ 70.09 $ 73.59 Barrel Replacement Fee- commercial only $ 86.84 $ 91.18 Bin Lock $ 13.60 $ 14.28 Illegal Bin Impound Fee $110.25 $115.76 Steam Clean (Per Container)$183.75 $192.94 Page 299 RESOLUTION NO. 23-XXX - Page 7 of 8 Push out rates, per container, per service frequency Distance Frequency 2023 Rate 2024 Rate 0-25 ft All N/C N/C 26-50 ft 1 time a week $47.28 $49.64 26-50 ft 2 times a week $94.56 $99.29 26-50 ft 3 times a week $141.86 $148.95 26-50 ft 4 times a week $189.15 $198.61 26-50 ft 5 times a week $236.42 $248.24 26-50 ft 6 times a week $283.71 $297.90 Over 50 ft 1 time a week $94.55 $99.28 Over 50 ft 2 times a week $189.13 $198.59 Over 50 ft 3 times a week $283.68 $297.86 Over 50 ft 4 times a week $378.23 $397.14 Over 50 ft 5 times a week $472.78 $496.42 Over 50 ft 6 times a week $567.36 $595.73 Food Waste Service Barrels Size Frequency 2023 Rate 2024 Rate 15 gallon 1 time a week $ 47.46 $ 49.84 15 gallon 2 times a week $ 80.44 $ 84.47 15 gallon 3 times a week $ 108.71 $ 114.15 15 gallon 4 times a week $ 137.37 $ 144.23 15 gallon 5 times a week $ 175.11 $ 183.87 15 gallon 6 times a week $ 194.07 $ 203.76 35 gallon 1 time a week $ 59.93 $ 62.92 35 gallon 2 times a week $ 105.29 $ 110.55 35 gallon 3 times a week $ 145.92 $ 153.21 35 gallon 4 times a week $ 186.94 $ 196.30 35 gallon 5 times a week $ 237.07 $ 248.91 35 gallon 6 times a week $ 268.38 $ 281.80 65 gallon 1 time a week $ 77.27 $ 81.14 65 gallon 2 times a week $ 140.37 $ 147.40 65 gallon 3 times a week $ 198.93 $ 208.88 65 gallon 4 times a week $ 257.86 $ 270.75 65 gallon 5 times a week $ 325.56 $ 341.84 65 gallon 6 times a week $ 375.10 $ 393.85 2 CY 1 time a week $ 301.26 $ 316.32 2 CY 2 times a week $ 548.76 $ 576.19 2 CY 3 times a week $ 779.00 $ 817.96 2 CY 4 times a week $ 1,010.80 $ 1,061.35 2 CY 5 times a week $ 1,275.74 $ 1,339.52 2 CY 6 times a week $ 1,471.89 $ 1,545.49 Contamination Fee $51.64 $54.22 Barrel Exchange (1st is free)$18.01 $18.91 Bin Exchange (1st exchange free)$90.01 $94.51 Barrel Exchange $99.70 $104.69 Page 300 RESOLUTION NO. 23-XXX - Page 8 of 8 Section 3.The proposed rates will become effective July 1, 2023. Section 4.This Resolution shall become effective once adopted. Section 5.The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 21st day of June, 2023. Page 301 Current 2022 Rate Proposed 2023 Rate Estimated 2024 Rate Current 2022 Rate Proposed 2023 Rate Estimated 2024 Rate Residential Barrel Service Commercial Trash & Recycling Bin Service with Bulky* Item Pick-up. Includes 1 barrel each for trash, recycling, green waste Includes 1 trash & 1 recycling bin, same size & frequency Residential customers are billed every 2 months Size Freq Standard (95T, 65R, 95MO)29.01$ 30.57$ 33.44$ 1.5 yrd 1 142.50$ 160.73$ 168.62$ new * Senior (95T, 65R, 95MO)19.44$ 20.48$ 22.40$ 1.5 yrd 2 222.07$ 253.67$ 266.08$ new * Primary acct holder 60yr, of age or older are eligible to apply 1.5 yrd 3 300.46$ 345.35$ 362.20$ new 35-Gallon Barrel (35T, 65R, 95MO)23.41$ 25.78$ 28.55$ 1.5 yrd 4 379.53$ 437.73$ 459.06$ new Multi-Family (95T, 65R, 15MO)27.76$ 28.50$ 30.08$ 1.5 yrd 5 458.59$ 530.14$ 555.95$ new Additional Trash Barrel 8.09$ 8.49$ 8.91$ 1.5 yrd 6 538.24$ 623.16$ 653.48$ new Additional Recycling Barrel 1.63$ 1.71$ 1.80$ 2 yrd 1 164.47$ 186.79$ 195.94$ new Additional Mixed Organics Barrel 4.18$ 4.39$ 4.61$ 2 yrd 2 264.87$ 304.61$ 319.47$ new Backyard Pull-Out Service 54.34$ 57.06$ 59.91$ 2 yrd 3 365.64$ 422.77$ 443.36$ new Bear Proof Barrel (+ Regular Barrel)15.10$ 15.86$ 16.65$ 2 yrd 4 464.27$ 538.67$ 564.86$ new Temporary Bins 117.38$ 123.25$ 129.41$ 2 yrd 5 562.93$ 654.58$ 686.39$ new Dump and Return 117.38$ 123.25$ 129.41$ 2 yrd 6 662.22$ 771.20$ 808.65$ new Bulky Items (in excess of 4 collections/5 items per collection)3 yrd 1 207.38$ 237.85$ 249.47$ new - Trip Charge 34.00$ 35.70$ 37.49$ 3 yrd 2 340.96$ 396.18$ 415.44$ new - Per Item Charge 12.47$ 13.09$ 13.74$ 3 yrd 3 475.28$ 555.34$ 582.27$ new 3 yrd 4 609.10$ 713.96$ 748.54$ new Multi-Family Trash & Recycling Bin Service with Bulky item* Pick-Up.3 yrd 5 742.92$ 872.58$ 914.82$ new Includes 1 trash & 1 recycling bin, same size & frequency 3 yrd 6 877.46$ 1,031.92$ 1,081.86$ new Size Freq 4 yrd 1 249.88$ 288.46$ 302.51$ new 1.5 yrd 1 142.50$ 167.77$ 182.50$ new 4 yrd 2 421.74$ 492.85$ 516.76$ new 1.5 yrd 2 222.07$ 265.04$ 287.23$ new 4 yrd 3 593.33$ 696.97$ 730.71$ new 1.5 yrd 3 300.46$ 361.10$ 390.70$ new 4 yrd 4 764.84$ 900.96$ 944.55$ new 1.5 yrd 4 379.53$ 457.82$ 494.87$ new 4 yrd 5 936.31$ 1,104.95$ 1,158.37$ new 1.5 yrd 5 458.59$ 554.58$ 599.04$ new 4 yrd 6 1,108.11$ 1,309.29$ 1,372.54$ new 1.5 yrd 6 538.24$ 651.98$ 703.94$ new 6 yrd 1 317.39$ 370.80$ 388.79$ new 2 yrd 1 164.47$ 194.30$ 210.18$ new 6 yrd 2 563.59$ 664.92$ 697.06$ new 2 yrd 2 264.87$ 316.89$ 341.31$ new 6 yrd 3 809.80$ 959.05$ 1,005.36$ new 2 yrd 3 365.64$ 439.91$ 472.89$ new 6 yrd 4 1,056.34$ 1,253.54$ 1,314.01$ new 2 yrd 4 464.27$ 560.64$ 602.08$ new 6 yrd 5 1,302.55$ 1,547.64$ 1,622.27$ new 2 yrd 5 562.93$ 681.40$ 731.27$ new 6 yrd 6 1,548.67$ 1,841.71$ 1,930.49$ new 2 yrd 6 662.22$ 802.88$ 861.26$ new *Business to contact Burrtec for bulky item service pick-up. 3 yrd 1 201.45$ 240.01$ 257.78$ new 3 yrd 2 337.99$ 407.42$ 435.54$ new Commercial Trash & Recycling Barrel Service 3 yrd 3 474.57$ 574.91$ 613.41$ new Rate includes 1 trash & 1 recycling barrel 3 yrd 4 585.60$ 715.37$ 762.73$ new Size Freq 3 yrd 5 714.28$ 874.49$ 931.77$ new 95Gal 1 35.75$ 40.79$ 42.79$ 3 yrd 6 843.71$ 1,034.43$ 1,101.69$ new 95Gal 2 57.82$ 66.83$ 70.10$ 4 yrd 1 249.88$ 297.82$ 318.13$ new 95Gal 3 80.04$ 93.06$ 97.60$ 4 yrd 2 421.74$ 509.17$ 541.62$ new 95Gal 4 102.09$ 119.17$ 124.95$ 4 yrd 3 593.33$ 720.28$ 764.88$ new 95Gal 5 124.11$ 145.31$ 152.35$ 4 yrd 4 764.84$ 931.26$ 988.01$ new 95Gal 6 146.26$ 171.56$ 179.88$ 4 yrd 5 936.31$ 1,142.24$ 1,211.10$ new 4 yrd 6 1,108.11$ 1,353.59$ 1,434.63$ new *Bulky items picked up once per week.Commercial Compactor Trash with Recycling Bin Service Includes 1 trash & 1 recycling bin, same size & frequency Push-Out Rates, per container, per service frequency Size Freq Distance Freq 3 yrd 1 319.07$ 351.54$ 368.83$ 0 - 25 ft All N/C N/C N/C 3 yrd 2 527.52$ 583.89$ 612.53$ 26 - 50 ft 1 45.03$ 47.28$ 49.64$ 3 yrd 3 737.07$ 817.48$ 857.51$ 26 - 50 ft 2 90.06$ 94.56$ 99.29$ 3 yrd 4 945.88$ 1,050.25$ 1,101.65$ 26 - 50 ft 3 135.10$ 141.86$ 148.95$ 3 yrd 5 1,154.61$ 1,282.89$ 1,345.63$ 26 - 50 ft 4 180.14$ 189.15$ 198.61$ 3 yrd 6 1,364.53$ 1,516.83$ 1,590.99$ 26 - 50 ft 5 225.16$ 236.42$ 248.24$ 4 yrd 1 385.81$ 426.04$ 446.97$ 26 - 50 ft 6 270.20$ 283.71$ 297.90$ 4 yrd 2 654.06$ 725.44$ 760.96$ Over 50 ft 1 90.05$ 94.55$ 99.28$ 4 yrd 3 922.19$ 1,024.71$ 1,074.82$ Over 50 ft 2 180.12$ 189.13$ 198.59$ 4 yrd 4 1,190.15$ 1,323.81$ 1,388.52$ Over 50 ft 3 270.17$ 283.68$ 297.86$ 4 yrd 5 1,458.12$ 1,622.88$ 1,702.16$ Over 50 ft 4 360.22$ 378.23$ 397.14$ 4 yrd 6 1,726.24$ 1,922.14$ 2,016.00$ Over 50 ft 5 450.27$ 472.78$ 496.42$ 6 yrd 1 513.53$ 568.83$ 596.72$ Over 50 ft 6 540.34$ 567.36$ 595.73$ 6 yrd 2 903.89$ 1,005.00$ 1,054.13$ 6 yrd 3 1,294.15$ 1,441.02$ 1,511.39$ Additional Services Residential/Commercial 6 yrd 4 1,684.27$ 1,876.94$ 1,968.53$ Barrel Exchange (first exchange free)n/a 18.01$ 18.91$ new 6 yrd 5 2,074.38$ 2,312.82$ 2,425.66$ Bin Exchange (first exchange free)n/a 90.01$ 94.51$ new 6 yrd 6 2,464.63$ 2,748.85$ 2,882.94$ Bin Replacement + actual cost of bin n/a 99.70$ 104.69$ new Extra Pick-up (Barrel)23.31$ 24.48$ 25.70$ Extra Pick-up (Bin)49.18$ 51.64$ 54.22$ Extra Pick-up (Compactor)98.37$ 103.29$ 108.45$ Extra Pick-up (FW Barrel)66.75$ 70.09$ 73.59$ * Barrel Replacement Fee (Comm Only)n/a 86.84$ 91.18$ new * Lost, stolen, or damaged cart due to customer negligence Bin Lock 12.95$ 13.60$ 14.28$ Steam Clean - Per Container 175.00$ 183.75$ 192.94$ Contamination Fee 49.18$ 51.64$ 54.22$ Illegal Hauler Impound Fee - Per Day 105.00$ 110.25$ 115.76$ EXHIBIT A CITY OF RANCHO CUCAMONGA, CALIFORNIA 2023 PROPOSED SOLID WASTE RATES ALL RATES ARE BILLED MONTHLY UNLESS OTHERWISE NOTED Service Type Service Type ATTACHMENT 2 Page 302 Current 2022 Rate Proposed 2023 Rate Estimated 2024 Rate Current 2022 Rate Proposed 2023 Rate Estimated 2024 Rate Green Waste Multi Family / Commercial Bin Service Additional Recycling Bin Service - Existing Accounts Only Size Freq Not available to accounts established after 6/30/2017 2 yrd 1 n/a 168.46$ 176.88$ new Size Freq 2 yrd 2 n/a 261.96$ 275.08$ new 3 yrd 1 64.53$ 65.81$ 69.11$ 2 yrd 3 n/a 356.28$ 374.09$ new 3 yrd 2 115.91$ 117.63$ 123.52$ 2 yrd 4 n/a 450.05$ 472.58$ new 3 yrd 3 156.33$ 157.84$ 165.73$ 2 yrd 5 n/a 543.76$ 570.97$ new 3 yrd 4 198.41$ 199.78$ 209.78$ 2 yrd 6 n/a 638.31$ 670.25$ new 3 yrd 5 239.36$ 240.53$ 252.55$ 3 yrd 1 181.53$ 200.34$ 210.37$ 3 yrd 6 281.63$ 282.69$ 296.83$ 3 yrd 2 289.24$ 321.17$ 337.23$ 3 yrd 3 397.75$ 442.85$ 465.01$ Additional Recycling Bin Service - New Accounts 3 yrd 4 505.74$ 563.96$ 592.18$ Size Freq 3 yrd 5 613.67$ 684.98$ 719.27$ 1.5 yrd 1 113.02$ 117.19$ 123.05$ 3 yrd 6 722.40$ 806.91$ 847.29$ 1.5 yrd 2 163.13$ 168.58$ 177.00$ Barrel Size Freq 1.5 yrd 3 212.05$ 218.70$ 229.63$ 95Gal 1 45.14$ 48.76$ 51.20$ 1.5 yrd 4 261.64$ 269.53$ 283.00$ 95Gal 2 76.94$ 83.34$ 87.52$ 1.5 yrd 5 311.22$ 320.34$ 336.35$ 95Gal 3 104.47$ 113.38$ 119.05$ 1.5 yrd 6 361.40$ 371.81$ 390.39$ 95Gal 4 132.34$ 143.80$ 150.99$ 2 yrd 1 125.16$ 129.55$ 136.02$ 95Gal 5 168.47$ 182.98$ 192.13$ 2 yrd 2 186.28$ 192.07$ 201.68$ 95Gal 6 187.51$ 204.00$ 214.21$ 2 yrd 3 247.75$ 255.00$ 267.76$ 2 yrd 4 307.10$ 315.71$ 331.50$ Mixed Organics Multi Family Barrels - Stand Alone 2 yrd 5 366.45$ 376.40$ 395.22$ Size Freq 2 yrd 6 426.46$ 437.77$ 459.65$ 15 Gal 1 n/a 39.10$ 41.07$ new 4 yrd 1 171.29$ 176.38$ 185.21$ 15 Gal 2 n/a 63.82$ 67.00$ new 4 yrd 2 264.56$ 271.20$ 284.74$ 15 Gal 3 n/a 83.82$ 88.01$ new 4 yrd 3 357.55$ 365.68$ 383.96$ 15 Gal 4 n/a 104.20$ 109.42$ new 4 yrd 4 450.47$ 460.13$ 483.12$ 15 Gal 5 n/a 133.69$ 140.37$ new 4 yrd 5 543.36$ 554.50$ 582.22$ 15 Gal 6 n/a 144.37$ 151.59$ new 4 yrd 6 636.56$ 649.23$ 681.69$ 35 Gal 1 n/a 40.55$ 42.58$ new 6 yrd 1 199.51$ 204.55$ 214.79$ 35 Gal 2 n/a 66.61$ 69.95$ new 6 yrd 2 327.81$ 334.57$ 351.30$ 35 Gal 3 n/a 87.96$ 92.37$ new 6 yrd 3 455.60$ 464.07$ 487.28$ 35 Gal 4 n/a 109.71$ 115.18$ new 6 yrd 4 583.38$ 593.56$ 623.24$ 35 Gal 5 n/a 140.54$ 147.57$ new 6 yrd 5 710.79$ 722.68$ 758.81$ 35 Gal 6 n/a 152.56$ 160.19$ new 6 yrd 6 838.20$ 851.75$ 894.32$ 65Gal 1 n/a 42.67$ 44.80$ new 65Gal 2 n/a 70.76$ 74.29$ new Extra Recycling Barrel Commercial 65Gal 3 n/a 94.14$ 98.85$ new 65Gal 1 1.95$ 2.05$ 2.15$ 65Gal 4 n/a 117.90$ 123.80$ new 65Gal 5 n/a 150.76$ 158.29$ new 65Gal 6 n/a 164.82$ 173.06$ new Trash Roll-Off Service 95Gal 1 n/a 44.79$ 47.04$ new * 10 Yard 652.49$ 701.27$ 736.02$ 95Gal 2 n/a 74.91$ 78.64$ new * 20 Yard 652.49$ 701.27$ 736.02$ 95Gal 3 n/a 100.31$ 105.32$ new * 40 Yard 652.49$ 701.27$ 736.02$ 95Gal 4 n/a 126.10$ 132.41$ new * 40 Yard Compactor 952.62$ 1,019.50$ 1,070.15$ 95Gal 5 n/a 160.98$ 169.03$ new 95Gal 6 n/a 177.07$ 185.92$ new * Roll-Off and compactor service rate is charged per service Recycling Roll-Off Service Food Waste Service - Bins * 10 Yard - Inert (6Tons)258.20$ 278.14$ 292.05$ Size Freq * 40 Yard - C&D (8Tons)202.31$ 217.93$ 228.83$ 2 yrd 1 312.34$ 301.26$ 316.32$ * 20/40 Yard - Recycling 202.31$ 217.93$ 228.83$ 2 yrd 2 574.03$ 548.76$ 576.19$ * 40 Yard - Recycling Compactor 202.31$ 217.93$ 228.83$ 2 yrd 3 818.86$ 779.00$ 817.96$ * 40 Yard - Wood/Green Waste 202.31$ 217.93$ 228.83$ 2 yrd 4 1,065.21$ 1,010.80$ 1,061.35$ * Roll-Off service rate is charged per service and subject to 2 yrd 5 1,343.19$ 1,275.74$ 1,339.52$ disposal and processing fees charged by ton. Also subject to 2 yrd 6 1,555.48$ 1,471.89$ 1,545.49$ Transportation Fee, if customer request haul to specific location Food Waste Service - Barrels Additional Roll Off Services Size Freq - Dry/Run Relocation Fee 69.85$ 73.34$ 77.01$ 15 Gal 1 n/a 47.46$ 49.84$ new - Tilthopper Rental 45.30$ 47.57$ 49.95$ 15 Gal 2 n/a 80.44$ 84.47$ new - End Dump (Hourly Rate)202.46$ 218.11$ 229.02$ 15 Gal 3 n/a 108.71$ 114.15$ new (Plus actual Disposal Fee)15 Gal 4 n/a 137.37$ 144.23$ new - Roll Off Rental Fee $27.73 $29.12 $30.58 15 Gal 5 n/a 175.11$ 183.87$ new (Per Day after 7 days if not scheduled for weekly service)15 Gal 6 n/a 194.07$ 203.76$ new - Flat Bed $395.63 $415.41 $436.18 35 Gal 1 n/a 59.93$ 62.92$ new 35 Gal 2 n/a 105.29$ 110.55$ new 35 Gal 3 n/a 145.92$ 153.21$ new 35 Gal 4 n/a 186.94$ 196.30$ new 35 Gal 5 n/a 237.07$ 248.91$ new 35 Gal 6 n/a 268.38$ 281.80$ new 65 Gal 1 79.92$ 77.27$ 81.14$ 65 Gal 2 146.54$ 140.37$ 147.40$ 65 Gal 3 208.71$ 198.93$ 208.88$ 65 Gal 4 271.23$ 257.86$ 270.75$ 65 Gal 5 342.12$ 325.56$ 341.84$ 65 Gal 6 395.67$ 375.10$ 393.85$ EXHIBIT A CITY OF RANCHO CUCAMONGA, CALIFORNIA 2023 PROPOSED SOLID WASTE RATES ALL RATES ARE BILLED MONTHLY UNLESS OTHERWISE NOTED Service Type Service Type Page 303 Burrtec Waste Industries, Inc City of Rancho Cucamonga - Residential Rates Effective 7/1/23 Current Revised 2023 2024 2021-2023 Amendment Proposed Estimated Components Rate Rate Rate Rate Service 15.45$ a/15.45$ 16.79$ a/17.63$ a/ Recovering prior Shortfall 0.24 0.57 Shortfall (to hold Max Allowed)(0.45) (0.57) (1.17) Net Service 15.24$ 15.45$ 16.22$ 5.0%17.03$ 5.0% 1)Landfill / Disposal Transfer - 95Gal 5.63 5.47 5.02 5.27 2)Green Waste Disposal - 95Gal 3.43 3)MRF Fees - 65 Gal 2.02 2.07 1.96 2.06 Disposal/Processing Total 11.08$ 7.54$ 6.98$ 7.33$ SB1383 Program Compliance 0.77 0.77 0.77 2b) Mixed Organics Processing - 95 Gal 5.22 5.34 5.61 SB1383 Cost 5.99$ 6.11$ 6.38$ Recovering prior Shortfall 1.50 Shortfall (to hold Max Allowed)(3.38) Burrtec Credit (4.83) (3.86) (2.90) Franchise Fees 15.0%4.35 15.0%4.35 4.59 5.01 HazMat Fees 0.75%0.22 1.75%0.51 0.53 0.59 City Fees Total 4.57$ 4.86$ 5.12$ 5.60$ Total 29.01$ 29.01$ 30.57$ 33.44$ Changes vs Current Rate -$ 1.56$ 2.87$ 0.00%5.38%9.39% All Senior Rates (35Gal Barrels)19.44$ 19.44$ 20.48$ 22.40$ CPI Service Max Cap 5.00%5.00%5.00% Note: 2021-23 Maximum Allowed Rate 29.01$ 2019-2020 2021 2022 2023 a/ Avg CPI comparing 2 years 4.74%0.00%8.70%5.00%est. 1) Landfill / Disposal Transfer West Valley Fee per Ton 50.47$ Est 49.00$ 2022 53.26$ 2023 es 55.92$ 2024 est Annual Tons/House 1.3395 1.3395 1.2084 origina 1.2084 original Weekly Lbs/House 51.52 51.52 43.48 adjuste 43.48 adjusted Disposal Component per Home 5.63$ 5.47$ 5.02$ 5.27$ 2)Green Waste Memo: West Valley Fee per Ton 52.48$ Est Additional Trash Density Annual Tons/House 0.7832 moved to Organics Weekly Lbs/House 30.12 3.00 3.00 Disposal Component per Home 3.43$ 2b) Mixed Organics Processing Mixed Organics Mixed Organics Mixed Organics West Valley Fee per Ton 80.00$ 86.96$ 2023 es 91.31$ 2024 est Annual Tons/House 0.7832 0.6590 origina 0.6590 original Weekly Lbs/House 30.12 28.34 adjuste 28.34 adjusted Disposal Component per Home 5.22$ 5.34$ 5.61$ 3) Recycling Recycling (Rev)/Cost per Ton 70.12$ 2020 71.92$ 77.32$ 2023 es 81.19$ 2024 est Annual Tons/House 0.3456 0.3456 0.3042 0.3042 Weekly Lbs/House 13.29 13.29 11.70 11.70 Processing Component per Home 2.02$ 2.07$ 1.96$ 2.06$ Total Disposal/Processing 11.08$ 12.76$ 12.32$ 12.94$ ATTACHMENT 3 Exhibit B Page 304 Public Hearing Item G1 - Additional Material - 06/21/2023 Regular City Council Meeting Public Hearing - June 21, 2023 Solid Waste SB1383 Rate Adjustment Protests Date Name Reason for Protest 1 2 3 4 5 6 7 5/8/2023 Kristie Renee Sepulveda‐Burchit 5/9/2023 Keith Proctor Discount rate should apply to those with disabilites as well. Opposed to rate, due to being a senior living on a fixed income. Increase in utilities has an overall impact on middle class families. Opposes the rate increase. Opposes due to less trash being disposed of, and it increases the time spent seperating trash. Opposes the rate increase. 5/11/2023 Heidi Soderholm 5/13/2023 Michell Young 5/16/2023 Gerald Trudeau 5/17/2023 Aimee Tagle‐Billones 6/20/2023 Anil Kh Should not increase rate, if food is already composted at home. Page 305 Page 306 Page 307 Page 308 Page 309 Page 310 Page 311 Page 312 Public Hearing Solid Waste and Recycling Collection Rate Adjustment June 21, 2023 Rate Adjustment Request •Burrtec Waste Industries submitted a rate adjustment request to the City on February 24, 2023. •Last increase went into effect July 1, 2021. The proposed rate adjustment includes the following per the amendment to the Franchise Agreement approved by City Council on August 17, 2022: •Revised methodology for the rates, with an even year increase and a look back provision to adjust disposal/processing, as well as SB 1383 compliance fee. •Cost of residential mixed organics collection implemented in 2022 was agreed to be distributed over a five-year period starting with the 2023 rate adjustment request. Senate Bill 1383 Compliance Senate Bill 1383 (SB1383) was signed into law in September 2016 to help reduce short-lived climate pollutants to address climate change with a statewide goal of reducing 75% of organic waste disposal by 2025. SB 1383 Compliance Fee $0.77 for residential customers and $0.38 per cubic yard for commercial customers to cover the costs of SB 1383 requirements that are not service related, such as: expanded outreach and education, record keeping, and enforcement. Household Hazardous Waste Fee •Increase from .75% to 1.75% to offset rising disposal costs of household hazardous waste collected at City Household Hazardous Waste facility from residents. Residential Solid Waste & Recycling Rate Components 12.36 5.34 5.02 4.59 1.96 0.77 0.53 0 2 4 6 8 10 12 14 16 18 Service Organics Recycling Landfill/Disposal Franchise Fee (15%) MRF Fees/Processing SB1383 Compliance Fee HHW Fee (1.75%) New Collection Program •City partnered with Burrtec to create a uniform bulky item collection program for multi-family complexes and commercial bin customers that is modeled after successful programs in neighboring cities. •New bundled rate is in response to businesses that complained of the financial impact of illegally dumped bulky items. •12-month pilot program conducted in 2022 at 19 multi-family complexes located near businesses that had complained of issues with illegal dumping. •If approved, bundled rate would provide multi-family complexes with once per week bulky item collection and businesses that experience illegal dumping would be able to contact Burrtec for pick up of bulky items. Proposition 218 Requirements 45-day Public Hearing Notice Required •Public Hearing Notices and proposed rate table published in the Inland Valley Daily Bulletin on May 2,2023 •Public Hearing Notices mailed to each residential and commercial address on May 5,2023. Response to Notices Written Protests:7 Inquires:10 Staff followed up and provided requested info to inquiries. Rate Adjustment Review •Rate Adjustment Request reviewed by staff and outside consultant and found to be in accordance with the franchise agreement requirements. •Rate Adjustment Request was discussed and reviewed at a Public Works Subcommittee meeting on April 26, 2023. Recommendation •Staff recommends City Council approve the proposed rate adjustment. •If approved,effective date is July 1,2023. Questions? a DATE:June 21, 2023 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Noah Daniels, Finance Director SUBJECT:Public Hearing of the City of Rancho Cucamonga to Consider a Resolution to Order the Dissolution of Landscape Maintenance District No. 5. and Authorization of an Appropriation in the Amount of $26,010. (RESOLUTION NO. 2023-063) (CITY) RECOMMENDATION: It is recommended that the City Council conduct a public hearing to consider a Resolution to order the dissolution of Landscape Maintenance District No. 5 (the “District”) and authorization of an appropriation in the amount of $26,010. The Resolution should be considered after conducting a public hearing to receive public testimony on the dissolution of the District. BACKGROUND: The District was formed under the Landscape and Lighting Act of 1972 (the “1972 Act”) in June 1984. The District provides for the administration, maintenance, operations, and servicing of the Tot Lot within a subdivision at the northeast corner of Turner Avenue and 26th Street. There are 44 single-family units within the District, currently levied $56.65 a year for the services provided through their property tax bill. Staff sought stakeholder input by meeting with the residents in June 2022 to discuss the District’s financial position and alternatives for the Tot Lot. Staff reviewed options for the Tot Lot based on input from the community; however, the costs to provide those services would require the current levy to increase significantly. Additionally, the community was disinterested in taking the Tot Lot and maintaining it with a homeowner’s association. On May 3, 2023, the City Council adopted Resolution No. 2023-039, declaring its intention to dissolve the District and set a public hearing to be held on June 21, 2023, to hear from any members of the public and consider the proposed dissolution. ANALYSIS: Landscape maintenance districts were intended to be fiscally self-sustaining, yet the District has consistently operated at a deficit as the operating costs exceed the annual assessment revenues, resulting in a small portion of the fund balance being used each year to provide services. The structural budget issues are due to its size and limitations with what service can be provided and the ability to raise revenues to meet those needs. As previously mentioned, the District comprises 44 properties that receive maintenance services on the Tot Lot. As a result of the unusually small size of the District, it does not benefit from any economies of scale the same way as other larger special districts in the City. Page 313 Page 2 1 8 9 6 Additionally, since the District must follow special reporting and rules under the 1972 Act, the costs to administer the District are especially burdensome compared to larger special districts. The District’s annual assessment is not at the maximum allowable amount, however, staff determined that the District would still remain in deficit even after raising the rate to the maximum allowable amount, eventually depleting its fund balance. Staff calculated an estimated rate of $215 per year as the minimum assessment rate necessary with current operating costs; however, at that estimated rate, only some of the community’s requests would be met. Therefore, it is unlikely that a majority of properties within the District would approve an increase through a Proposition 218 process. It should be noted that the estimated costs for Proposition 218 are $75,000, which exceeds the available fund balance for the District. Generally, staff does not recommend the dissolution of a special district, as doing so eliminates services provided to the public. However, due to a unique set of circumstances, the District is recommended for dissolution. The first is an extremely small district – servicing only the Tot Lot for a community of 44 residents. The second is that the 44 properties are also levied within LMD 1, a larger district with economies of scale for administrative overhead. Adding the District’s improvement to LMD 1 would have a minimal financial impact. Additionally, any remaining fund balance from the District would be transferred to LMD 1 to negate the immediate financial impact and maintain existing service levels. Following the public hearing and receiving public comment, the City Council may consider the adoption of the Resolution ordering the dissolution of the District. If the District is dissolved, the City Council will no longer levy an annual assessment on these properties and the Tot Lot will be added as an improvement in the LMD 1 Engineer’s Report. FISCAL IMPACT: If the City Council adopts the resolution ordering the dissolution, then the annual assessment for the District levied on the 44 properties would be eliminated. If approved, appropriations would be necessary to transfer the estimated remaining balances of the District to LMD 1 to be utilized for the Tot Lot 1135303-9130 – Landscape Maintenance District No. 5 – Transfer Out for $26,010 1130000-8135 – Landscape Maintenance District No. 1 – Transfer In for $26,010 COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This item addresses critical elements in both the mission and vision statements for the City Council. By adopting the Resolution, the City Council is addressing a fiscally unsustainable District and allowing the public an opportunity to participate in the decision-making process through a public hearing. ATTACHMENTS: Attachment 1 - Resolution Ordering the Dissolution of LMD 5 Page 314 Resolution No. 2023-XXX – Page 1 of 3 ATTACHMENT 1 RESOLUTION NO. 2023-XXX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE DISSOLUTION OF LANDSCAPE MAINTENANCE DISTRICT NO. 5 WHEREAS, the City Council of the City of Rancho Cucamonga (the "City Council") has previously formed Landscape Maintenance District No. 5 (the "District") pursuant to the terms of the "Landscaping and Lighting Act of 1972" (the "Act"), which is Division 15, Part 2 of the Streets and Highways Code of the State of California, which encompasses the parcels (the “Property”) identified on the boundary map attached hereto as Exhibit A; and WHEREAS, at this time the City staff has determined it is no longer necessary to levy assessments within the District; and WHEREAS, as a result of the foregoing, the City Council desires to declare its intention to approve a change of organization of the District to dissolve the District; and WHEREAS, on May 3, 2023, the City Council adopted Resolution No. 2023-039 initiating proceedings pursuant to Article 2 of Chapter 2 of the 1972 Act to dissolve the District and setting the time and place for a public hearing thereon; and WHEREAS, notice of the public hearing was given in the form and manner provided by law; and. WHEREAS, on June 21, 2023, the City Council held a public hearing to consider the proposed dissolution of the District. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED by the City Council of the City of Rancho Cucamonga as follows: 1. The above recitals are all true and correct. 2. The City Council hereby approves a change in the organization of the District by ordering the dissolution of the District. The City Manager is hereby directed to take any actions necessary to reflect the dissolution of the District. Page 315 Resolution No. 2023-XXX – Page 2 of 3 ATTACHMENT 1 PASSED, APPROVED, and ADOPTED this _____ day of __________ 2023. Page 316 Resolution No. 2023-XXX – Page 3 of 3 ATTACHMENT 1 EXHIBIT “A” Page 317 Recommendation for Dissolution June 21, 2023 Landscape Maintenance District No. 5 Agenda •District History, Rate & Challenges •Community Outreach •Community Input & Options •Overview of Recommendation LMD 5 History, Rate & Challenges •History Formed in June 1984. The purpose is to maintain a Tot Lot within a subdivision. Consists of 44 single-family homes. •Rate Levied rate is $56.65 a year per single-family home. The maximum rate is $113.29 a year per single-family home. LMD 5 History, Rate & Challenges •Challenges LMD 5’s small size results in high administrative costs, contributing to budget issues. Fund balance depletion due to operational expenses exceeding revenues. The deficit would not be eliminated even at the maximum allowable rate. Community Outreach In June 2022, staff held a community meeting to discuss LMD 5's financial status with property owners. Various options and additional services for the Tot Lot were presented and discussed. All attendees supported keeping the Tot Lot operational and offered alternatives. Staff recommended transferring maintenance to a homeowner's association, but the attendees showed no interest in this suggestion. Community Input & Options Reviewed Tot Lot options based on community input, but costs necessitate significant rate increase. Staff determined that a rate of $215.00 a year per single-family home would be needed to maintain existing services and would only provide some community requests. Ballot process costs exceed available District funds. Other District unique circumstances: LMD 5 properties are part of a larger district (LMD 1) with economies of scale in administrative overhead. Integrating the Tot Lot into LMD 1 would have a minimal financial impact, allowing property owners to eliminate the LMD 5 levy from their property tax bills. Overview of Recommendation A summary of the recommendation is: 1.Conduct a public hearing and receive any public comment 2.Consider Resolution ordering the dissolution of LMD 5 3.If approved, staff will take the following actions: 1.Dissolve LMD 5 and remove the levy from property tax bills 2.Transfer the remaining fund balance from LMD 5 to LMD 1 to be utilized for the Tot Lot Questions ? DATE:June 21, 2023 TO:President and Members of the Board of Directors FROM:John R. Gillison, City Manager INITIATED BY:Mike McCliman, Fire Chief Noah Daniels, Finance Director Darci Vogel, Fire Business Manager Kelly Guerra, Special Districts Analyst SUBJECT:Public Hearing to Consider Adoption of a Resolution Making Determinations Regarding the Proposed Annexation of Territory (Annexation No. 23-1, Assessor Parcel Number 0229-162-04, 0229-162- 05, 0229-162-11, 0229-162-12, and 0229-162-13) into an Existing Community Facilities District, Calling a Special Election, and Authorizing Submittal of Levy of Special Taxes to the Qualified Electors. (RESOLUTION NO. FD 2023-014) (FIRE) RECOMMENDATION: Staff recommends that the Fire Protection District Board adopt a resolution making determinations and authorizing the submittal of the levy of special taxes to the qualified electors of territory proposed to be annexed (Annexation No. 23-1, Assessor Parcel Number (APN) 0229-162-04, 0229-162-05, 0229-162-11, 0229-162-12, and 0229-162-13) to existing Community Facilities District No. 85-1 (“CFD No. 85-1”) and calling a special election for such purpose. BACKGROUND: Patriot Development Partners, property owner of APN 0229-162-04 (12987 Whittram Avenue), APN 0229-162-05 (13045 Whittram Avenue), APN 0229-162-11 (12997 Whittram Avenue), APN 0229-162-12 (13003 Whittram Avenue), and APN 0229-162-13 (12981 Whittram Avenue) (“Annexation Area”), has submitted an application to construct a new commercial concrete tilt-up warehouse. The property owner is conditioned by the Fire Protection District to annex such property into the existing CFD No. 85-1 to satisfy fire protection service mitigation impacts. On May 17, 2023, the Board initiated formal annexation proceedings pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982 (the “Mello-Roos Act”) by adopting Resolution No. FD 2023-014 approving the annexation map of the territory proposed to be annexed into existing CFD 85-1 and Resolution No. FD 2023-014 approving the intention to annex the Territory in the existing CFD 85-1. This Resolution, among other things, declared the intention of the Board of Directors to levy a special tax within the Annexation Area to finance fire protection and suppression services and setting a public hearing regarding the proposed annexation to be held on June 21, 2023. Through adoption of this resolution before the Board this evening, the Board will accomplish the following: Page 318 Page 2 1 8 1 4 •Make certain determinations as set forth in the Resolution; •Call for a special election to be conducted on June 21, 2023; •Authorize submittal of the levy of the special tax to qualified electors of the Annexation Area at such Special election. ANALYSIS: The annexation of the Annexation Area into CFD No. 85-1 will satisfy the conditions of development relating to mitigating impacts upon fire protection services. The property owner is in full support of the annexation of the property being annexed. Pursuant to the Mello-Roos Act, whenever there have been less than 12 persons registered to vote within the Annexation Area for each of the 90 days preceding the public hearing pertaining to such annexation, the vote shall be by the landowners within the Annexation Area. Therefore, in the current circumstances, the election will be a landowner’s vote, the landowner having one vote per acre or portion thereof of land within the Annexation Area. The property owner has executed a “Consent and Waiver” of time frames relating to the election. Exhibit “C” of the Resolution sets forth the rate and method of apportionment of the special tax proposed to be levied within the Annexation Area which is consistent with the special tax levied upon all territory currently within CFD No. 85-1. At the special election to be held on June 21, 2023, the landowner(s) will be entitled to cast its ballot. The Board Secretary will then canvas the ballot, if received. At the next Fire Board meeting, the Board will consider adopting the resolution declaring the election results and the annexation of the Annexation Area to CFD 85-1. If 2/3 of the votes are cast in favor of the levy of the special tax, the Board may declare the property to be annexed. The Public Notice regarding the Public Hearing has been advertised in the Inland Valley Daily Bulletin. FISCAL IMPACT: The special tax revenues that are collected of the CFD No. 85-1 are used to pay for public facilities and services in the District area. Costs related to the administering of the District are the responsibility of the property owners within the District. Annexation of the property will ensure the property owner covers the cost of increased demand for fire services resulting from new development within the Territory. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item brings together portions of the Council’s vision and core value by providing a sustainable City and promoting a safe and healthy community for all. Annexation of the property into CFD 85-1 ensures the delivery of vital fire and life safety services to all residents while satisfying fire protection service mitigation impacts. ATTACHMENTS: Attachment 1 - Resolution No. FD 2023-014, Call for Special Election Annexation 23-1 Page 319 Resolution No. FD 2023-XXX - Page 1 of 11 ATTACHMENT 1 RESOLUTION NO. FD 2023-XXX A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, MAKING CERTAIN DETERMINATIONS REGARDING THE PROPOSED ANNEXATION OF TERRITORY (ANNEXATION NO. 23-1) TO AN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 85-1) AND CALLING A SPECIAL ELECTION AND AUTHORIZING THE SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF SUCH TERRITORY WHEREAS, the Board Of Directors (the “Board of Directors”) of the Rancho Cucamonga Fire Protection District (the “Fire Protection District”), Rancho Cucamonga, California, has previously declared its intention and held and conducted proceedings relating to the annexation of territory to an existing community facilities district pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof (the “Act”). The existing Community Facilities District has been designated as Community Facilities District No. 85-1 (the “District”); and, WHEREAS, notice of a public hearing relating to the annexation of territory to the District, the extent of the territory to be annexed (the “Annexation Area”), the furnishing of certain public services and all other related matters has been given; and, WHEREAS, it has now been determined that written protests have not been received by 50% or more of the registered voters residing either within the Annexation Area or the District and/or property owners representing more than one-half (1/2) or more of the area of land within the Annexed Area or within District; and, WHEREAS, inasmuch as there have been less than twelve (12) persons registered to vote within the Annexation Area for each of the 90 preceding days, this legislative body desires to submit the levy of the required special tax to the landowners of the Annexation Area, said landowners being the qualified electors as authorized by law. NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: 1. Recitals. The above recitals are all true and correct. 2. Determinations. It is determined by this Board of Directors that: A. all proceedings prior hereto were valid and taken in conformity with the requirements of law, and specifically the provisions of the Act; B. less than twelve (12) registered voters have resided within the Annexation Area for each of the ninety (90) days preceding the close of the public hearing and, consequently, the qualified electors shall be the landowners of the Annexation Area and each landowner who is the owner of record as of the close of the public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within the Annexation Area; C. the time limit specified by the Act for conducting an election to submit the levy of the special taxes to the qualified electors of the Annexation Area and the requirements for Page 320 Resolution No. FD 2023-XXX - Page 2 of 11 ATTACHMENT 1 impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of the Annexation Area; D. the Secretary, acting as the election official, has consented to conducting any required election on a date which is less than 125 days following the adoption of this resolution; and E. the public services proposed to be financed from the proceeds of special taxes to be levied within the Annexation Area are necessary to meet increased demands placed upon the Fire Protection District as a result of development and/or rehabilitation occurring in the Annexation Area. 3. Boundaries of Annexed Area. The boundaries and parcels of land in the Annexation Area and on which special taxes are proposed to be levied in order to pay the costs and expenses for the public services described in Section 4 below are generally described as follows: All that property and territory proposed to be annexed to the District, as said property is shown on a map as previously approved by this legislative body, said map entitled “Annexation Map No. 23-1 of Community Facilities District No. 85-1 of the Rancho Cucamonga Fire Protection District, County of San Bernardino, State of California” reference is made to the attached and incorporated Exhibit “A” (the “Annexation Map”), and a copy of which is on file in the Office of the Secretary and shall remain open for public inspection. 4. Services and Facilities Authorized to be Financed by the District. The services that are authorized to be financed by the District from the proceeds of special taxes levied within the existing District are generally described in Exhibit “B” (the “Services and Facilities”) attached hereto and incorporated herein by this reference and all costs associated the District, administration of the District, the determination of the amount of special taxes to be levied, the costs of collection any special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the District. If and to the extent feasible the Services and Facilities shall be provided in common within the existing District and the Territory. 5. Special Tax. Except where funds are otherwise available and subject to the approval of the qualified electors of the Annexation Area, a special tax sufficient to pay for the services described in Section 4 that are required for the Annexation Area, secured by recordation of a continuing lien against all non-exempt real property in the Annexation Area will be levied annually within the boundaries of the Annexation Area. For particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Exhibit “C” which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the Annexation Area to clearly estimate the maximum amount of the special tax that such person will have to pay. The special taxes shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency, as applicable for ad valorem taxes; however, as applicable, this Board of Directors may, by resolution, establish and adopt an alternate or supplemental procedure as necessary. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the Rancho Cucamonga Fire Protection District, acting for and on behalf of the District. 6. Special Tax Accountability Measures. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, this Board of Directors hereby establishes the following Page 321 Resolution No. FD 2023-XXX - Page 3 of 11 ATTACHMENT 1 accountability measures pertaining to the levy by the District of the special taxes within the Annexation Area as described in Section 5 above: A. Each such special tax shall be levied for the specific purposes section in Section 5. above. B. The proceeds of the levy of each such special tax shall be applied only to the specific applicable purposes set forth in Section 5. above. C. The District shall establish a separate account into which the proceeds of the special taxes levied within the District shall be deposited. D. The Fire Chief or his or her designee, acting for and on behalf of the District, shall annually file a report with the Board of Directors as required pursuant to Government Code Section 50075.3. 7. Election. The proposition related to the levy of the special tax shall be submitted to the qualified electors of the Annexation Area, said electors being the landowners, with each landowner having one (1) vote for each acre or portion thereof of land which he or she owns within said annexed territory. The special election shall be held on the 21st of June 2023 and said election shall be a special election to be conducted by the Secretary (hereinafter “Election Official”). If the proposition for the levy of the special tax receives the approval of more than two-thirds (2/3) of the votes cast on the proposition, the special tax may be levied as provided for in this Resolution and the Board of Directors may determine that the Annexation Area is added to and part of the District. 8. Ballot. The ballot proposal to be submitted to the qualified voters at the election shall generally be as follows: PROPOSITION A RANCHO CUCAMONGA FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 85-1, AUTHORIZATION FOR SPECIAL TAX LEVY Shall Community Facilities District No. 85-1 of the Rancho Cucamonga Fire Protection District be authorized to levy special taxes within the territory shown on “Annexation Map No. 23-1 of Community Facilities District No. 85-1 of the Rancho Cucamonga Fire Protection District, County Of San Bernardino, State Of California” (the “Annexation Map”) pursuant to the rate and method of apportionment of special taxes (the “Special Tax Formula”) set forth in Resolution No. FD 2022-024 to finance fire suppression and protection services and administrative expenses? 9. Vote. The appropriate mark placed in the voting square after the word “YES” shall be counted in favor of the adoption of the proposition, and the appropriate mark placed in the voting square after the word “NO” in the manner as authorized, shall be counted against the adoption of said proposition. 10. Election Procedure. The Election Official is hereby authorized to take any and all steps necessary for the holding of said election. Said Election Official shall perform and render all services and proceedings incidental to and connected with the conduct of said election, and said services shall include, but not be limited to the following: A. Prepare and furnish to the election officers necessary election supplies for the conduct of the election. Page 322 Resolution No. FD 2023-XXX - Page 4 of 11 ATTACHMENT 1 B. Cause to be printed the requisite number of official ballots, tally sheets and other necessary forms. C. Furnish and address official ballots for the qualified electors of the Annexation Area. D. Cause the official ballots to be mailed and/or delivered, as required by law. E. Receive the returns of the election. F. Sort and assemble the election material and supplies in preparation for the canvassing of the returns. G. Canvass the returns of the election. H. Furnish a tabulation of the number of votes given in the election. I. Make all arrangements and take the necessary steps to pay all costs of the election incurred as a result of services performed for the District and pay costs and expenses of all election officials. J. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. PASSED, APPROVED and ADOPTED this _________ day of _________________ 2023. Page 323 Resolution No. FD 2023-XXX - Page 5 of 11 ATTACHMENT 1 EXHIBIT “A” COMMUNITY FACILITIES DISTRICT NO. 85-1 ANNEXATION MAP Page 324 Resolution No. FD 2023-XXX - Page 6 of 11 ATTACHMENT 1 COMMUNITY FACILITIES DISTRICT NO. 85-1 BOUNDARY MAP Page 325 Resolution No. FD 2023-XXX - Page 7 of 11 ATTACHMENT 1 EXHIBIT “B” COMMUNITY FACILITIES DISTRICT NO. 85-1 DESCRIPTION OF THE SERVICES AND FACILITIES The Services. It is the intention of the Board of Directors to finance certain types of fire services (the “Services”) that are in addition to those currently provided in or required for the Territory and are necessary to meet the increased demand for such fire services resulting from new development within the Territory and will not be replacing services already available to the Territory. A general description of the Services to be financed is as follows: The performance of functions, operations, maintenance, and repair activities in order to provide fire protection and suppression services to the Territory. The Facilities. It is the intention of this Board of Directors to finance the purchase, construction, expansion, improvement, or rehabilitation of certain types of fire facilities (the “Facilities”) that are in addition to those currently provided to serve the Territory and are necessary to meet the increased demand for such fire services resulting from new development within the Territory and will not be replacing facilities already available to serve the Territory. A general description of the types of the Facilities to be financed is as follows: Fire protection and suppression facilities and equipment, rescue equipment, with a useful life of five (5) years or more, including collection and accumulation of funds to pay for anticipated facilities cost shortfalls and reserves for repair and replacement to the extent that such facilities are necessary to meet the increased demand for such facilities resulting from new development within the Territory. Page 326 Resolution No. FD 2023-XXX - Page 8 of 11 ATTACHMENT 1 EXHIBIT “C” FOOTHILL FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 85-1 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES The rate and method of apportionment, limitations on and adjustments to the Special Tax authorized to be levied within Community Facilities District No. 85-1 (the “CFD No. 85-1 Rate and Method”) as originally established for and as applied to the taxable properties within such community facilities district is as follows: SPECIAL TAX COMMUNITY FACILITIES DISTRICT To pay for fire suppression services and to finance fire suppression facilities, the maximum Special Tax in the Community Facilities District shall be: Structures Maximum Annual Special Tax Residential 1 DU $75.00 Multi-Family 2 DU: 1.75 ($75.00) 3 DU: 2.25 ($75.00) 4 DU: 2.65 ($75.00) 5-14 DU: 2.65 ($75.00) + [0.35 (TU-4) ($75.00)] 15-30 DU: 6.15 ($75.00) + [0.30 (TU-14) ($75.00)] 31-80 DU: 10.65 ($75.00) + [0.25 (TU-30) ($75.00)] 81 – up DU: 23.15 ($75.00) + [0.20 (TU-80) ($75.00)] Commercial ($75.00) per acre + $0.04 per SF Industrial ($75.00) per acre + $0.05 per SF Note: DU = Dwelling Units TU = Total Units SF = Square Foot Page 327 Resolution No. FD 2023-XXX - Page 9 of 11 ATTACHMENT 1 ANNUAL ADJUSTMENT SPECIAL TAX The maximum Special Tax shall be annually adjusted for (a) changes in cost of living or (b) changes in cost of living and changes in population as defined in Section 7901 of the Government Code, as amended, whichever is lesser. REDUCTION IN SPECIAL TAX Commercial and industrial structures shall be granted a reduction in the Special Tax for the installation of complete sprinkler systems. In addition, multi-floor commercial and industrial structures shall be granted a reduction in Special Tax for each separate floor above or below the main ground floor of the structure. LIMITATIONS ON TAX LEVY The Special Tax shall only be levied on developed property; provided that the Special Tax shall not be levied until a “Certification of Occupancy” or “Utility Release” has been issued by the appropriate governmental agencies. Developed property is defined to be property: •Which is not owned by a public or governmental agency •Which is not vacant •Where a certificate of occupancy or utility release from the City of Rancho Cucamonga or the County of San Bernardino has been issued •Which has an existing building or structure onsite •Which does not have as its sole use power transmission towers, railroad tracks, and flood control facilities – these properties are exempt. Areas granted as easements to power transmission towers, railroad tracks, and flood control facilities shall be subtracted from the total acreage of the underlying lot and shall be exempt. The annual levy of the Special Tax shall be based upon an annual determination by the Board of Directors of the Rancho Cucamonga Fire Protection District of the amount of other revenues available to meet budget requirements. As used in this formula, "available revenue" shall include ad valorem taxes, State of California augmentation, tax increment revenues received from the Redevelopment Agency of the City of Rancho Cucamonga and any other source of revenue except the Special Tax. The Board of Directors shall take all responsible steps to retain maximum Redevelopment Agency funding to which, by agreement, they may lawfully receive. To the extent available revenues are insufficient to meet budget requirements, the Board of Directors may levy the Special Tax. Page 328 Resolution No. FD 2023-XXX - Page 10 of 11 ATTACHMENT 1 * * * Application of the CFD No. 85-1 Rate and Method to Annexation No. 23-1 To pay for fire suppression services and to finance fire suppression facilities, the Maximum Special Tax in Community Facilities District No. 85-1, Annexation No. 23-1 for Fiscal Year 2022-23 shall be: Struc tures Res idential 1 DU:$199.19 Multi-Family 2 DU:1.75 ($199.19) 3 DU:2.25 ($199.19) 4 DU:2.65 ($199.19) 5 - 14 DU:2.65 ($199.19) + [0.35 (TU - 4) ($199.19)] 15 - 30 DU:6.15 ($199.19) + [0.30 (TU - 14) ($199.19)] 31 - 80 DU:10.65 ($199.19) + [0.25 (TU - 30) ($199.19)] 81 - UP DU:23.15 ($199.19) + [0.20 (TU - 80) ($199.19)] Com mercial ($199.19) per ac re + 0.103 per SF Indus trial ($199.19) per ac re + 0.128 per SF Notes: DU = Dwelling Units TU = Total Units SF = Square Foot Maxim um Annual Spec ial Tax ANNUAL ADJUSTMENT The maximum Special Tax shall be annually adjusted commencing on July 1, 2022, and each July 1st thereafter for (a) changes in the cost of living or (b) changes in cost of living and changes in population as defined in Section 7901 of the Government Code, as amended, whichever is lesser. REDUCTION IN SPECIAL TAX Commercial and industrial structures shall be granted a .01 cent reduction in the Special Tax for the installation of complete sprinkler systems. In addition, multi-floor commercial and industrial structures shall also be granted a .01 cent reduction (not cumulative) in Special Tax for each separate floor above or below the main ground floor of the structure. Page 329 Resolution No. FD 2023-XXX - Page 11 of 11 ATTACHMENT 1 LIMITATION ON SPECIAL TAX LEVY The Special Tax shall only be levied on developed property; provided that the Special Tax shall not be levied until a “Certification of Occupancy” or “Utility Release” has been issued by the appropriate governmental agencies. Developed property is defined to be property: •Which is not owned by a public or governmental agency •Which is not vacant •Where a certificate of occupancy or utility release from the City of Rancho Cucamonga or the County of San Bernardino has been issued •Which has an existing building or structure onsite •Which does not have as its sole use power transmission towers, railroad tracks, and flood control facilities – these properties are exempt. Areas granted as easements to power transmission towers, railroad tracks, and flood control facilities shall be subtracted from the total acreage of the underlying lot and shall be exempt. The annual levy of the Special Tax shall be based upon an annual determination by the Board of Directors of the Rancho Cucamonga Fire Protection District of the amount of other revenues available to meet budget requirements. As used in this formula, "available revenue" shall include ad valorem taxes, State of California augmentation, tax increment revenues received from the Redevelopment Agency of the City of Rancho Cucamonga and any other source of revenue except the Special Tax. The Board of Directors shall take all responsible steps to retain maximum Redevelopment Agency funding to which, by agreement, they may lawfully receive. To the extent available revenues are insufficient to meet budget requirements, the Board of Directors may levy the Special Tax. For further particulars regarding the rate and method of apportionment of the Special Tax, reference is made to the Final Report Mello-Roos Community Facilities District No. 85-1 for Fire Suppression Facilities/Services – Foothill Fire Protection District, a copy of which is on file in the office of the Fire Chief of the Rancho Cucamonga Fire Protection District. Page 330 DATE:June 21, 2023 TO:President and Members of the Board of Directors FROM:John R. Gillison, City Manager INITIATED BY:Mike McCliman, Fire Chief Noah Daniels, Finance Director Darci Vogel, Fire Business Manager Kelly Guerra, Special Districts Analyst SUBJECT:Public Hearing to Consider Adoption of a Resolution Making Determinations Regarding the Proposed Annexation of Territory (Annexation No. 23-2, Assessor Parcel Number 0229-171-28) into an Existing Community Facilities District, Calling a Special Election, and Authorizing Submittal of Levy of Special Taxes to the Qualified Electors. (RESOLUTION NO. FD 2023-015) (FIRE) RECOMMENDATION: Staff recommends that the Fire Protection District Board adopt a resolution making determinations and authorizing the submittal of the levy of special taxes to the qualified electors of territory proposed to be annexed (Annexation No. 23-2, Assessor Parcel Number (APN) 0229-171-28) to existing Community Facilities District No. 85-1 (“CFD No. 85-1”) and calling a special election for such purpose. BACKGROUND: Philip Wong and Raymond Chan, property owners of APN 0229-171-28 (13261 Arrow Route) (“Annexation Area”), have submitted an application to construct a new commercial concrete tilt- up warehouse. The property owners are conditioned by the Fire Protection District to annex such property into the existing CFD No. 85-1 to satisfy fire protection service mitigation impacts. On May 17, 2023, the Board initiated formal annexation proceedings pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982 (the “Mello-Roos Act”) by adopting Resolution No. FD 2023-015 approving the annexation map of the territory proposed to be annexed into existing CFD 85-1 and Resolution No. FD 2023-015 approving the intention to annex the Territory in the existing CFD 85-1. This Resolution, among other things, declared the intention of the Board of Directors to levy a special tax within the Annexation Area to finance fire protection and suppression services and setting a public hearing regarding the proposed annexation to be held on June 21, 2023. Through adoption of this resolution before the Board this evening, the Board will accomplish the following: •Make certain determinations as set forth in the Resolution; •Call for a special election to be conducted on June 21, 2023; •Authorize submittal of the levy of the special tax to qualified electors of the Annexation Area at such Special election. Page 331 Page 2 1 8 1 3 ANALYSIS: The annexation of the Annexation Area into CFD No. 85-1 will satisfy the conditions of development relating to mitigating impacts upon fire protection services. The property owner is in full support of the annexation of the property being annexed. Pursuant to the Mello-Roos Act, whenever there have been less than 12 persons registered to vote within the Annexation Area for each of the 90 days preceding the public hearing pertaining to such annexation, the vote shall be by the landowners within the Annexation Area. Therefore, in the current circumstances, the election will be a landowner’s vote, the landowner having one vote per acre or portion thereof of land within the Annexation Area. The property owner has executed a “Consent and Waiver” of time frames relating to the election. Exhibit “C” of the Resolution sets forth the rate and method of apportionment of the special tax proposed to be levied within the Annexation Area which is consistent with the special tax levied upon all territory currently within CFD No. 85-1. At the special election to be held on June 21, 2023, the landowner(s) will be entitled to cast its ballot. The Board Secretary will then canvas the ballot, if received. At the next Fire Board meeting, the Board will consider adopting the resolution declaring the election results and the annexation of the Annexation Area to CFD 85-1. If 2/3 of the votes are cast in favor of the levy of the special tax, the Board may declare the property to be annexed. The Public Notice regarding the Public Hearing has been advertised in the Inland Valley Daily Bulletin. FISCAL IMPACT: The special tax revenues that are collected of the CFD No. 85-1 are used to pay for public facilities and services in the District area. Costs related to the administering of the District are the responsibility of the property owners within the District. Annexation of the property will ensure the property owner covers the cost of increased demand for fire services resulting from new development within the Territory. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item brings together portions of the Council’s vision and core value by providing a sustainable City and promoting a safe and healthy community for all. Annexation of the property into CFD 85-1 ensures the delivery of vital fire and life safety services to all residents while satisfying fire protection service mitigation impacts. ATTACHMENTS: Attachment 1 - Resolution No. FD 2023-015, Call for Special Election Annexation 23-2 Page 332 Resolution No. FD 2023-XXX - Page 1 of 11 ATTACHMENT 1 RESOLUTION NO. FD 2023-XXX A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, MAKING CERTAIN DETERMINATIONS REGARDING THE PROPOSED ANNEXATION OF TERRITORY (ANNEXATION NO. 23-2) TO AN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 85-1) AND CALLING A SPECIAL ELECTION AND AUTHORIZING THE SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF SUCH TERRITORY WHEREAS, the Board Of Directors (the “Board of Directors”) of the Rancho Cucamonga Fire Protection District (the “Fire Protection District”), Rancho Cucamonga, California, has previously declared its intention and held and conducted proceedings relating to the annexation of territory to an existing community facilities district pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof (the “Act”). The existing Community Facilities District has been designated as Community Facilities District No. 85-1 (the “District”); and, WHEREAS, notice of a public hearing relating to the annexation of territory to the District, the extent of the territory to be annexed (the “Annexation Area”), the furnishing of certain public services and all other related matters has been given; and, WHEREAS, it has now been determined that written protests have not been received by 50% or more of the registered voters residing either within the Annexation Area or the District and/or property owners representing more than one-half (1/2) or more of the area of land within the Annexed Area or within District; and, WHEREAS, inasmuch as there have been less than twelve (12) persons registered to vote within the Annexation Area for each of the 90 preceding days, this legislative body desires to submit the levy of the required special tax to the landowners of the Annexation Area, said landowners being the qualified electors as authorized by law. NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: 1. Recitals. The above recitals are all true and correct. 2. Determinations. It is determined by this Board of Directors that: A. all proceedings prior hereto were valid and taken in conformity with the requirements of law, and specifically the provisions of the Act; B. less than twelve (12) registered voters have resided within the Annexation Area for each of the ninety (90) days preceding the close of the public hearing and, consequently, the qualified electors shall be the landowners of the Annexation Area and each landowner who is the owner of record as of the close of the public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within the Annexation Area; C. the time limit specified by the Act for conducting an election to submit the levy of the special taxes to the qualified electors of the Annexation Area and the requirements for Page 333 Resolution No. FD 2023-XXX - Page 2 of 11 ATTACHMENT 1 impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of the Annexation Area; D. the Secretary, acting as the election official, has consented to conducting any required election on a date which is less than 125 days following the adoption of this resolution; and E. the public services proposed to be financed from the proceeds of special taxes to be levied within the Annexation Area are necessary to meet increased demands placed upon the Fire Protection District as a result of development and/or rehabilitation occurring in the Annexation Area. 3. Boundaries of Annexed Area. The boundaries and parcels of land in the Annexation Area and on which special taxes are proposed to be levied in order to pay the costs and expenses for the public services described in Section 4 below are generally described as follows: All that property and territory proposed to be annexed to the District, as said property is shown on a map as previously approved by this legislative body, said map entitled “Annexation Map No. 23-2 of Community Facilities District No. 85-1 of the Rancho Cucamonga Fire Protection District, County of San Bernardino, State of California” reference is made to the attached and incorporated Exhibit “A” (the “Annexation Map”), and a copy of which is on file in the Office of the Secretary and shall remain open for public inspection. 4. Services and Facilities Authorized to be Financed by the District. The services that are authorized to be financed by the District from the proceeds of special taxes levied within the existing District are generally described in Exhibit “B” (the “Services and Facilities”) attached hereto and incorporated herein by this reference and all costs associated the District, administration of the District, the determination of the amount of special taxes to be levied, the costs of collection any special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the District. If and to the extent feasible the Services and Facilities shall be provided in common within the existing District and the Territory. 5. Special Tax. Except where funds are otherwise available and subject to the approval of the qualified electors of the Annexation Area, a special tax sufficient to pay for the services described in Section 4 that are required for the Annexation Area, secured by recordation of a continuing lien against all non-exempt real property in the Annexation Area will be levied annually within the boundaries of the Annexation Area. For particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Exhibit “C” which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the Annexation Area to clearly estimate the maximum amount of the special tax that such person will have to pay. The special taxes shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency, as applicable for ad valorem taxes; however, as applicable, this Board of Directors may, by resolution, establish and adopt an alternate or supplemental procedure as necessary. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the Rancho Cucamonga Fire Protection District, acting for and on behalf of the District. 6. Special Tax Accountability Measures. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, this Board of Directors hereby establishes the following Page 334 Resolution No. FD 2023-XXX - Page 3 of 11 ATTACHMENT 1 accountability measures pertaining to the levy by the District of the special taxes within the Annexation Area as described in Section 5 above: A. Each such special tax shall be levied for the specific purposes section in Section 5. above. B. The proceeds of the levy of each such special tax shall be applied only to the specific applicable purposes set forth in Section 5. above. C. The District shall establish a separate account into which the proceeds of the special taxes levied within the District shall be deposited. D. The Fire Chief or his or her designee, acting for and on behalf of the District, shall annually file a report with the Board of Directors as required pursuant to Government Code Section 50075.3. 7. Election. The proposition related to the levy of the special tax shall be submitted to the qualified electors of the Annexation Area, said electors being the landowners, with each landowner having one (1) vote for each acre or portion thereof of land which he or she owns within said annexed territory. The special election shall be held on the 21st of June 2023, and said election shall be a special election to be conducted by the Secretary (hereinafter “Election Official”). If the proposition for the levy of the special tax receives the approval of more than two-thirds (2/3) of the votes cast on the proposition, the special tax may be levied as provided for in this Resolution and the Board of Directors may determine that the Annexation Area is added to and part of the District. 8. Ballot. The ballot proposal to be submitted to the qualified voters at the election shall generally be as follows: PROPOSITION A RANCHO CUCAMONGA FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 85-1, AUTHORIZATION FOR SPECIAL TAX LEVY Shall Community Facilities District No. 85-1 of the Rancho Cucamonga Fire Protection District be authorized to levy special taxes within the territory shown on “Annexation Map No. 23-2 of Community Facilities District No. 85-1 of the Rancho Cucamonga Fire Protection District, County Of San Bernardino, State Of California” (the “Annexation Map”) pursuant to the rate and method of apportionment of special taxes (the “Special Tax Formula”) set forth in Resolution No. FD 2022-024 to finance fire suppression and protection services and administrative expenses? 9. Vote. The appropriate mark placed in the voting square after the word “YES” shall be counted in favor of the adoption of the proposition, and the appropriate mark placed in the voting square after the word “NO” in the manner as authorized, shall be counted against the adoption of said proposition. 10. Election Procedure. The Election Official is hereby authorized to take any and all steps necessary for the holding of said election. Said Election Official shall perform and render all services and proceedings incidental to and connected with the conduct of said election, and said services shall include, but not be limited to the following: A. Prepare and furnish to the election officers necessary election supplies for the conduct of the election. Page 335 Resolution No. FD 2023-XXX - Page 4 of 11 ATTACHMENT 1 B. Cause to be printed the requisite number of official ballots, tally sheets and other necessary forms. C. Furnish and address official ballots for the qualified electors of the Annexation Area. D. Cause the official ballots to be mailed and/or delivered, as required by law. E. Receive the returns of the election. F. Sort and assemble the election material and supplies in preparation for the canvassing of the returns. G. Canvass the returns of the election. H. Furnish a tabulation of the number of votes given in the election. I. Make all arrangements and take the necessary steps to pay all costs of the election incurred as a result of services performed for the District and pay costs and expenses of all election officials. J. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. PASSED, APPROVED and ADOPTED this _________ day of _________________ 2023. Page 336 Resolution No. FD 2023-XXX - Page 5 of 11 ATTACHMENT 1 EXHIBIT “A” COMMUNITY FACILITIES DISTRICT NO. 85-1 ANNEXATION MAP Page 337 Resolution No. FD 2023-XXX - Page 6 of 11 ATTACHMENT 1 COMMUNITY FACILITIES DISTRICT NO. 85-1 BOUNDARY MAP Page 338 Resolution No. FD 2023-XXX - Page 7 of 11 ATTACHMENT 1 EXHIBIT “B” COMMUNITY FACILITIES DISTRICT NO. 85-1 DESCRIPTION OF THE SERVICES AND FACILITIES The Services. It is the intention of the Board of Directors to finance certain types of fire services (the “Services”) that are in addition to those currently provided in or required for the Territory and are necessary to meet the increased demand for such fire services resulting from new development within the Territory and will not be replacing services already available to the Territory. A general description of the Services to be financed is as follows: The performance of functions, operations, maintenance, and repair activities in order to provide fire protection and suppression services to the Territory. The Facilities. It is the intention of this Board of Directors to finance the purchase, construction, expansion, improvement, or rehabilitation of certain types of fire facilities (the “Facilities”) that are in addition to those currently provided to serve the Territory and are necessary to meet the increased demand for such fire services resulting from new development within the Territory and will not be replacing facilities already available to serve the Territory. A general description of the types of the Facilities to be financed is as follows: Fire protection and suppression facilities and equipment, rescue equipment, with a useful life of five (5) years or more, including collection and accumulation of funds to pay for anticipated facilities cost shortfalls and reserves for repair and replacement to the extent that such facilities are necessary to meet the increased demand for such facilities resulting from new development within the Territory. Page 339 Resolution No. FD 2023-XXX - Page 8 of 11 ATTACHMENT 1 EXHIBIT “C” FOOTHILL FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 85-1 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES The rate and method of apportionment, limitations on and adjustments to the Special Tax authorized to be levied within Community Facilities District No. 85-1 (the “CFD No. 85-1 Rate and Method”) as originally established for and as applied to the taxable properties within such community facilities district is as follows: SPECIAL TAX COMMUNITY FACILITIES DISTRICT To pay for fire suppression services and to finance fire suppression facilities, the maximum Special Tax in the Community Facilities District shall be: Structures Maximum Annual Special Tax Residential 1 DU $75.00 Multi-Family 2 DU: 1.75 ($75.00) 3 DU: 2.25 ($75.00) 4 DU: 2.65 ($75.00) 5-14 DU: 2.65 ($75.00) + [0.35 (TU-4) ($75.00)] 15-30 DU: 6.15 ($75.00) + [0.30 (TU-14) ($75.00)] 31-80 DU: 10.65 ($75.00) + [0.25 (TU-30) ($75.00)] 81 – up DU: 23.15 ($75.00) + [0.20 (TU-80) ($75.00)] Commercial ($75.00) per acre + $0.04 per SF Industrial ($75.00) per acre + $0.05 per SF Note: DU = Dwelling Units TU = Total Units SF = Square Foot Page 340 Resolution No. FD 2023-XXX - Page 9 of 11 ATTACHMENT 1 ANNUAL ADJUSTMENT SPECIAL TAX The maximum Special Tax shall be annually adjusted for (a) changes in cost of living or (b) changes in cost of living and changes in population as defined in Section 7901 of the Government Code, as amended, whichever is lesser. REDUCTION IN SPECIAL TAX Commercial and industrial structures shall be granted a reduction in the Special Tax for the installation of complete sprinkler systems. In addition, multi-floor commercial and industrial structures shall be granted a reduction in Special Tax for each separate floor above or below the main ground floor of the structure. LIMITATIONS ON TAX LEVY The Special Tax shall only be levied on developed property; provided that the Special Tax shall not be levied until a “Certification of Occupancy” or “Utility Release” has been issued by the appropriate governmental agencies. Developed property is defined to be property: •Which is not owned by a public or governmental agency •Which is not vacant •Where a certificate of occupancy or utility release from the City of Rancho Cucamonga or the County of San Bernardino has been issued •Which has an existing building or structure onsite •Which does not have as its sole use power transmission towers, railroad tracks, and flood control facilities – these properties are exempt. Areas granted as easements to power transmission towers, railroad tracks, and flood control facilities shall be subtracted from the total acreage of the underlying lot and shall be exempt. The annual levy of the Special Tax shall be based upon an annual determination by the Board of Directors of the Rancho Cucamonga Fire Protection District of the amount of other revenues available to meet budget requirements. As used in this formula, "available revenue" shall include ad valorem taxes, State of California augmentation, tax increment revenues received from the Redevelopment Agency of the City of Rancho Cucamonga and any other source of revenue except the Special Tax. The Board of Directors shall take all responsible steps to retain maximum Redevelopment Agency funding to which, by agreement, they may lawfully receive. To the extent available revenues are insufficient to meet budget requirements, the Board of Directors may levy the Special Tax. Page 341 Resolution No. FD 2023-XXX - Page 10 of 11 ATTACHMENT 1 * * * Application of the CFD No. 85-1 Rate and Method to Annexation No. 23-2 To pay for fire suppression services and to finance fire suppression facilities, the Maximum Special Tax in Community Facilities District No. 85-1, Annexation No. 23-2 for Fiscal Year 2022-23 shall be: Struc tures Res idential 1 DU:$199.19 Multi-Family 2 DU:1.75 ($199.19) 3 DU:2.25 ($199.19) 4 DU:2.65 ($199.19) 5 - 14 DU:2.65 ($199.19) + [0.35 (TU - 4) ($199.19)] 15 - 30 DU:6.15 ($199.19) + [0.30 (TU - 14) ($199.19)] 31 - 80 DU:10.65 ($199.19) + [0.25 (TU - 30) ($199.19)] 81 - UP DU:23.15 ($199.19) + [0.20 (TU - 80) ($199.19)] Com mercial ($199.19) per ac re + 0.103 per SF Indus trial ($199.19) per ac re + 0.128 per SF Notes: DU = Dwelling Units TU = Total Units SF = Square Foot Maxim um Annual Spec ial Tax ANNUAL ADJUSTMENT The maximum Special Tax shall be annually adjusted commencing on July 1, 2022, and each July 1st thereafter for (a) changes in the cost of living or (b) changes in cost of living and changes in population as defined in Section 7901 of the Government Code, as amended, whichever is lesser. REDUCTION IN SPECIAL TAX Commercial and industrial structures shall be granted a .01 cent reduction in the Special Tax for the installation of complete sprinkler systems. In addition, multi-floor commercial and industrial structures shall also be granted a .01 cent reduction (not cumulative) in Special Tax for each separate floor above or below the main ground floor of the structure. Page 342 Resolution No. FD 2023-XXX - Page 11 of 11 ATTACHMENT 1 LIMITATION ON SPECIAL TAX LEVY The Special Tax shall only be levied on developed property; provided that the Special Tax shall not be levied until a “Certification of Occupancy” or “Utility Release” has been issued by the appropriate governmental agencies. Developed property is defined to be property: •Which is not owned by a public or governmental agency •Which is not vacant •Where a certificate of occupancy or utility release from the City of Rancho Cucamonga or the County of San Bernardino has been issued •Which has an existing building or structure onsite •Which does not have as its sole use power transmission towers, railroad tracks, and flood control facilities – these properties are exempt. Areas granted as easements to power transmission towers, railroad tracks, and flood control facilities shall be subtracted from the total acreage of the underlying lot and shall be exempt. The annual levy of the Special Tax shall be based upon an annual determination by the Board of Directors of the Rancho Cucamonga Fire Protection District of the amount of other revenues available to meet budget requirements. As used in this formula, "available revenue" shall include ad valorem taxes, State of California augmentation, tax increment revenues received from the Redevelopment Agency of the City of Rancho Cucamonga and any other source of revenue except the Special Tax. The Board of Directors shall take all responsible steps to retain maximum Redevelopment Agency funding to which, by agreement, they may lawfully receive. To the extent available revenues are insufficient to meet budget requirements, the Board of Directors may levy the Special Tax. For further particulars regarding the rate and method of apportionment of the Special Tax, reference is made to the Final Report Mello-Roos Community Facilities District No. 85-1 for Fire Suppression Facilities/Services – Foothill Fire Protection District, a copy of which is on file in the office of the Fire Chief of the Rancho Cucamonga Fire Protection District. Page 343 DATE:June 21, 2023 TO:President and Members of the Board of Directors FROM:John R. Gillison, City Manager INITIATED BY:Mike McCliman, Fire Chief Noah Daniels, Finance Director Darci Vogel, Fire Business Manager Kelly Guerra, Special Districts Analyst SUBJECT:Public Hearing to Consider Adoption of a Resolution Making Determinations Regarding the Proposed Annexation of Territory (Annexation No. 23-3, Assessor Parcel Number 0229-151-27) into an Existing Community Facilities District, Calling a Special Election, and Authorizing Submittal of Levy of Special Taxes to the Qualified Electors. (RESOLUTION NO. FD 2023-016) (FIRE) RECOMMENDATION: Staff recommends that the Fire Protection District Board adopt a resolution making determinations and authorizing the submittal of the levy of special taxes to the qualified electors of territory proposed to be annexed (Annexation No. 23-3, Assessor Parcel Number (APN) 0229-151-27) to existing Community Facilities District No. 85-1 (“CFD No. 85-1”) and calling a special election for such purpose. BACKGROUND: John Gaytan, property owner of 0229-151-27 (8629 Pecan Avenue) (“Annexation Area”), has submitted an application to construct a commercial storage yard. The property owner is conditioned by the Fire Protection District to annex such property into the existing CFD No. 85-1 to satisfy fire protection service mitigation impacts. Annexation proceedings were previously initiated, however in June 2022 the property owner voted against the levy of the special tax to finance fire protection and suppression services within the Annexation Territory. Since less than two-thirds of the votes cast in the election were in favor of levying the special tax on the Annexation Territory, the Board of Directors was unable to take further action on annexing the Annexation Territory to the District for a period of one year from the date of the election, in accordance with Section 53339.9 of the Government Code. On May 17, 2023, the Board initiated formal annexation proceedings pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982 (the “Mello-Roos Act”) by adopting Resolution No. FD 2023-016 approving the annexation map of the territory proposed to be annexed into existing CFD 85-1 and Resolution No. FD 2023-016 approving the intention to annex the Territory in the existing CFD 85-1. This Resolution, among other things, declared the intention of the Board of Directors to levy a special tax within the Annexation Area to finance fire protection and suppression services and setting a public hearing regarding the proposed annexation to be held on June 21, 2023. Page 344 Page 2 1 8 1 2 Through adoption of this resolution before the Board this evening, the Board will accomplish the following: •Make certain determinations as set forth in the Resolution; •Call for a special election to be conducted on June 21, 2023; •Authorize submittal of the levy of the special tax to qualified electors of the Annexation Area at such Special election. ANALYSIS: The annexation of the Annexation Area into CFD No. 85-1 will satisfy the conditions of development relating to mitigating impacts upon fire protection services. The property owner is in full support of the annexation of the property being annexed. Pursuant to the Mello-Roos Act, whenever there have been less than 12 persons registered to vote within the Annexation Area for each of the 90 days preceding the public hearing pertaining to such annexation, the vote shall be by the landowners within the Annexation Area. Therefore, in the current circumstances, the election will be a landowner’s vote, the landowner having one vote per acre or portion thereof of land within the Annexation Area. The property owner has executed a “Consent and Waiver” of time frames relating to the election. Exhibit “C” of the Resolution sets forth the rate and method of apportionment of the special tax proposed to be levied within the Annexation Area which is consistent with the special tax levied upon all territory currently within CFD No. 85-1. At the special election to be held on June 21, 2023, the landowner(s) will be entitled to cast its ballot. The Board Secretary will then canvas the ballot, if received. At the next Fire Board meeting, the Board will consider adopting the resolution declaring the election results and the annexation of the Annexation Area to CFD 85-1. If 2/3 of the votes are cast in favor of the levy of the special tax, the Board may declare the property to be annexed. The Public Notice regarding the Public Hearing has been advertised in the Inland Valley Daily Bulletin. FISCAL IMPACT: The special tax revenues that are collected of the CFD No. 85-1 are used to pay for public facilities and services in the District area. Costs related to the administering of the District are the responsibility of the property owners within the District. Annexation of the property will ensure the property owner covers the cost of increased demand for fire services resulting from new development within the Territory. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item brings together portions of the Council’s vision and core value by providing a sustainable City and promoting a safe and healthy community for all. Annexation of the property into CFD 85-1 ensures the delivery of vital fire and life safety services to all residents while satisfying fire protection service mitigation impacts. ATTACHMENTS: Attachment 1 - Resolution No. FD 2023-016, Call for Special Election Annexation 23-3 Page 345 Resolution No. FD 2023-XXX - Page 1 of 11 ATTACHMENT 1 RESOLUTION NO. FD 2023-XXX A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, MAKING CERTAIN DETERMINATIONS REGARDING THE PROPOSED ANNEXATION OF TERRITORY (ANNEXATION NO. 23-3) TO AN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 85-1) AND CALLING A SPECIAL ELECTION AND AUTHORIZING THE SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF SUCH TERRITORY WHEREAS, the Board Of Directors (the “Board of Directors”) of the Rancho Cucamonga Fire Protection District (the “Fire Protection District”), Rancho Cucamonga, California, has previously declared its intention and held and conducted proceedings relating to the annexation of territory to an existing community facilities district pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof (the “Act”). The existing Community Facilities District has been designated as Community Facilities District No. 85-1 (the “District”); and, WHEREAS, notice of a public hearing relating to the annexation of territory to the District, the extent of the territory to be annexed (the “Annexation Area”), the furnishing of certain public services and all other related matters has been given; and, WHEREAS, it has now been determined that written protests have not been received by 50% or more of the registered voters residing either within the Annexation Area or the District and/or property owners representing more than one-half (1/2) or more of the area of land within the Annexed Area or within District; and, WHEREAS, inasmuch as there have been less than twelve (12) persons registered to vote within the Annexation Area for each of the 90 preceding days, this legislative body desires to submit the levy of the required special tax to the landowners of the Annexation Area, said landowners being the qualified electors as authorized by law. NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: 1. Recitals. The above recitals are all true and correct. 2. Determinations. It is determined by this Board of Directors that: A. all proceedings prior hereto were valid and taken in conformity with the requirements of law, and specifically the provisions of the Act; B. less than twelve (12) registered voters have resided within the Annexation Area for each of the ninety (90) days preceding the close of the public hearing and, consequently, the qualified electors shall be the landowners of the Annexation Area and each landowner who is the owner of record as of the close of the public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within the Annexation Area; C. the time limit specified by the Act for conducting an election to submit the levy of the special taxes to the qualified electors of the Annexation Area and the requirements for Page 346 Resolution No. FD 2023-XXX - Page 2 of 11 ATTACHMENT 1 impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of the Annexation Area; D. the Secretary, acting as the election official, has consented to conducting any required election on a date which is less than 125 days following the adoption of this resolution; and E. the public services proposed to be financed from the proceeds of special taxes to be levied within the Annexation Area are necessary to meet increased demands placed upon the Fire Protection District as a result of development and/or rehabilitation occurring in the Annexation Area. 3. Boundaries of Annexed Area. The boundaries and parcels of land in the Annexation Area and on which special taxes are proposed to be levied in order to pay the costs and expenses for the public services described in Section 4 below are generally described as follows: All that property and territory proposed to be annexed to the District, as said property is shown on a map as previously approved by this legislative body, said map entitled “Annexation Map No. 23-3 of Community Facilities District No. 85-1 of the Rancho Cucamonga Fire Protection District, County of San Bernardino, State of California” reference is made to the attached and incorporated Exhibit “A” (the “Annexation Map”), and a copy of which is on file in the Office of the Secretary and shall remain open for public inspection. 4. Services and Facilities Authorized to be Financed by the District. The services that are authorized to be financed by the District from the proceeds of special taxes levied within the existing District are generally described in Exhibit “B” (the “Services and Facilities”) attached hereto and incorporated herein by this reference and all costs associated the District, administration of the District, the determination of the amount of special taxes to be levied, the costs of collection any special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the District. If and to the extent feasible the Services and Facilities shall be provided in common within the existing District and the Territory. 5. Special Tax. Except where funds are otherwise available and subject to the approval of the qualified electors of the Annexation Area, a special tax sufficient to pay for the services described in Section 4 that are required for the Annexation Area, secured by recordation of a continuing lien against all non-exempt real property in the Annexation Area will be levied annually within the boundaries of the Annexation Area. For particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Exhibit “C” which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the Annexation Area to clearly estimate the maximum amount of the special tax that such person will have to pay. The special taxes shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency, as applicable for ad valorem taxes; however, as applicable, this Board of Directors may, by resolution, establish and adopt an alternate or supplemental procedure as necessary. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the Rancho Cucamonga Fire Protection District, acting for and on behalf of the District. 6. Special Tax Accountability Measures. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, this Board of Directors hereby establishes the following Page 347 Resolution No. FD 2023-XXX - Page 3 of 11 ATTACHMENT 1 accountability measures pertaining to the levy by the District of the special taxes within the Annexation Area as described in Section 5 above: A. Each such special tax shall be levied for the specific purposes section in Section 5. above. B. The proceeds of the levy of each such special tax shall be applied only to the specific applicable purposes set forth in Section 5. above. C. The District shall establish a separate account into which the proceeds of the special taxes levied within the District shall be deposited. D. The Fire Chief or his or her designee, acting for and on behalf of the District, shall annually file a report with the Board of Directors as required pursuant to Government Code Section 50075.3. 7. Election. The proposition related to the levy of the special tax shall be submitted to the qualified electors of the Annexation Area, said electors being the landowners, with each landowner having one (1) vote for each acre or portion thereof of land which he or she owns within said annexed territory. The special election shall be held on the 21st of June 2023 and said election shall be a special election to be conducted by the Secretary (hereinafter “Election Official”). If the proposition for the levy of the special tax receives the approval of more than two-thirds (2/3) of the votes cast on the proposition, the special tax may be levied as provided for in this Resolution and the Board of Directors may determine that the Annexation Area is added to and part of the District. 8. Ballot. The ballot proposal to be submitted to the qualified voters at the election shall generally be as follows: PROPOSITION A RANCHO CUCAMONGA FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 85-1, AUTHORIZATION FOR SPECIAL TAX LEVY Shall Community Facilities District No. 85-1 of the Rancho Cucamonga Fire Protection District be authorized to levy special taxes within the territory shown on “Annexation Map No. 23-3 of Community Facilities District No. 85-1 of the Rancho Cucamonga Fire Protection District, County Of San Bernardino, State Of California” (the “Annexation Map”) pursuant to the rate and method of apportionment of special taxes (the “Special Tax Formula”) set forth in Resolution No. FD 2022-024 to finance fire suppression and protection services and administrative expenses? 9. Vote. The appropriate mark placed in the voting square after the word “YES” shall be counted in favor of the adoption of the proposition, and the appropriate mark placed in the voting square after the word “NO” in the manner as authorized, shall be counted against the adoption of said proposition. 10. Election Procedure. The Election Official is hereby authorized to take any and all steps necessary for the holding of said election. Said Election Official shall perform and render all services and proceedings incidental to and connected with the conduct of said election, and said services shall include, but not be limited to the following: A. Prepare and furnish to the election officers necessary election supplies for the conduct of the election. Page 348 Resolution No. FD 2023-XXX - Page 4 of 11 ATTACHMENT 1 B. Cause to be printed the requisite number of official ballots, tally sheets and other necessary forms. C. Furnish and address official ballots for the qualified electors of the Annexation Area. D. Cause the official ballots to be mailed and/or delivered, as required by law. E. Receive the returns of the election. F. Sort and assemble the election material and supplies in preparation for the canvassing of the returns. G. Canvass the returns of the election. H. Furnish a tabulation of the number of votes given in the election. I. Make all arrangements and take the necessary steps to pay all costs of the election incurred as a result of services performed for the District and pay costs and expenses of all election officials. J. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. PASSED, APPROVED and ADOPTED this _________ day of _________________ 2023. Page 349 Resolution No. FD 2023-XXX - Page 5 of 11 ATTACHMENT 1 EXHIBIT “A” COMMUNITY FACILITIES DISTRICT NO. 85-1 ANNEXATION MAP Page 350 Resolution No. FD 2023-XXX - Page 6 of 11 ATTACHMENT 1 COMMUNITY FACILITIES DISTRICT NO. 85-1 BOUNDARY MAP Page 351 Resolution No. FD 2023-XXX - Page 7 of 11 ATTACHMENT 1 EXHIBIT “B” COMMUNITY FACILITIES DISTRICT NO. 85-1 DESCRIPTION OF THE SERVICES AND FACILITIES The Services. It is the intention of the Board of Directors to finance certain types of fire services (the “Services”) that are in addition to those currently provided in or required for the Territory and are necessary to meet the increased demand for such fire services resulting from new development within the Territory and will not be replacing services already available to the Territory. A general description of the Services to be financed is as follows: The performance of functions, operations, maintenance, and repair activities in order to provide fire protection and suppression services to the Territory. The Facilities. It is the intention of this Board of Directors to finance the purchase, construction, expansion, improvement, or rehabilitation of certain types of fire facilities (the “Facilities”) that are in addition to those currently provided to serve the Territory and are necessary to meet the increased demand for such fire services resulting from new development within the Territory and will not be replacing facilities already available to serve the Territory. A general description of the types of the Facilities to be financed is as follows: Fire protection and suppression facilities and equipment, rescue equipment, with a useful life of five (5) years or more, including collection and accumulation of funds to pay for anticipated facilities cost shortfalls and reserves for repair and replacement to the extent that such facilities are necessary to meet the increased demand for such facilities resulting from new development within the Territory. Page 352 Resolution No. FD 2023-XXX - Page 8 of 11 ATTACHMENT 1 EXHIBIT “C” FOOTHILL FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 85-1 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES The rate and method of apportionment, limitations on and adjustments to the Special Tax authorized to be levied within Community Facilities District No. 85-1 (the “CFD No. 85-1 Rate and Method”) as originally established for and as applied to the taxable properties within such community facilities district is as follows: SPECIAL TAX COMMUNITY FACILITIES DISTRICT To pay for fire suppression services and to finance fire suppression facilities, the maximum Special Tax in the Community Facilities District shall be: Structures Maximum Annual Special Tax Residential 1 DU $75.00 Multi-Family 2 DU: 1.75 ($75.00) 3 DU: 2.25 ($75.00) 4 DU: 2.65 ($75.00) 5-14 DU: 2.65 ($75.00) + [0.35 (TU-4) ($75.00)] 15-30 DU: 6.15 ($75.00) + [0.30 (TU-14) ($75.00)] 31-80 DU: 10.65 ($75.00) + [0.25 (TU-30) ($75.00)] 81 – up DU: 23.15 ($75.00) + [0.20 (TU-80) ($75.00)] Commercial ($75.00) per acre + $0.04 per SF Industrial ($75.00) per acre + $0.05 per SF Note: DU = Dwelling Units TU = Total Units SF = Square Foot Page 353 Resolution No. FD 2023-XXX - Page 9 of 11 ATTACHMENT 1 ANNUAL ADJUSTMENT SPECIAL TAX The maximum Special Tax shall be annually adjusted for (a) changes in cost of living or (b) changes in cost of living and changes in population as defined in Section 7901 of the Government Code, as amended, whichever is lesser. REDUCTION IN SPECIAL TAX Commercial and industrial structures shall be granted a reduction in the Special Tax for the installation of complete sprinkler systems. In addition, multi-floor commercial and industrial structures shall be granted a reduction in Special Tax for each separate floor above or below the main ground floor of the structure. LIMITATIONS ON TAX LEVY The Special Tax shall only be levied on developed property; provided that the Special Tax shall not be levied until a “Certification of Occupancy” or “Utility Release” has been issued by the appropriate governmental agencies. Developed property is defined to be property: •Which is not owned by a public or governmental agency •Which is not vacant •Where a certificate of occupancy or utility release from the City of Rancho Cucamonga or the County of San Bernardino has been issued •Which has an existing building or structure onsite •Which does not have as its sole use power transmission towers, railroad tracks, and flood control facilities – these properties are exempt. Areas granted as easements to power transmission towers, railroad tracks, and flood control facilities shall be subtracted from the total acreage of the underlying lot and shall be exempt. The annual levy of the Special Tax shall be based upon an annual determination by the Board of Directors of the Rancho Cucamonga Fire Protection District of the amount of other revenues available to meet budget requirements. As used in this formula, "available revenue" shall include ad valorem taxes, State of California augmentation, tax increment revenues received from the Redevelopment Agency of the City of Rancho Cucamonga and any other source of revenue except the Special Tax. The Board of Directors shall take all responsible steps to retain maximum Redevelopment Agency funding to which, by agreement, they may lawfully receive. To the extent available revenues are insufficient to meet budget requirements, the Board of Directors may levy the Special Tax. Page 354 Resolution No. FD 2023-XXX - Page 10 of 11 ATTACHMENT 1 * * * Application of the CFD No. 85-1 Rate and Method to Annexation No. 23-3 To pay for fire suppression services and to finance fire suppression facilities, the Maximum Special Tax in Community Facilities District No. 85-1, Annexation No. 23-3 for Fiscal Year 2022-23 shall be: Struc tures Res idential 1 DU:$199.19 Multi-Family 2 DU:1.75 ($199.19) 3 DU:2.25 ($199.19) 4 DU:2.65 ($199.19) 5 - 14 DU:2.65 ($199.19) + [0.35 (TU - 4) ($199.19)] 15 - 30 DU:6.15 ($199.19) + [0.30 (TU - 14) ($199.19)] 31 - 80 DU:10.65 ($199.19) + [0.25 (TU - 30) ($199.19)] 81 - UP DU:23.15 ($199.19) + [0.20 (TU - 80) ($199.19)] Com mercial ($199.19) per ac re + 0.103 per SF Indus trial ($199.19) per ac re + 0.128 per SF Notes: DU = Dwelling Units TU = Total Units SF = Square Foot Maxim um Annual Spec ial Tax ANNUAL ADJUSTMENT The maximum Special Tax shall be annually adjusted commencing on July 1, 2022, and each July 1st thereafter for (a) changes in the cost of living or (b) changes in cost of living and changes in population as defined in Section 7901 of the Government Code, as amended, whichever is lesser. REDUCTION IN SPECIAL TAX Commercial and industrial structures shall be granted a .01 cent reduction in the Special Tax for the installation of complete sprinkler systems. In addition, multi-floor commercial and industrial structures shall also be granted a .01 cent reduction (not cumulative) in Special Tax for each separate floor above or below the main ground floor of the structure. Page 355 Resolution No. FD 2023-XXX - Page 11 of 11 ATTACHMENT 1 LIMITATION ON SPECIAL TAX LEVY The Special Tax shall only be levied on developed property; provided that the Special Tax shall not be levied until a “Certification of Occupancy” or “Utility Release” has been issued by the appropriate governmental agencies. Developed property is defined to be property: •Which is not owned by a public or governmental agency •Which is not vacant •Where a certificate of occupancy or utility release from the City of Rancho Cucamonga or the County of San Bernardino has been issued •Which has an existing building or structure onsite •Which does not have as its sole use power transmission towers, railroad tracks, and flood control facilities – these properties are exempt. Areas granted as easements to power transmission towers, railroad tracks, and flood control facilities shall be subtracted from the total acreage of the underlying lot and shall be exempt. The annual levy of the Special Tax shall be based upon an annual determination by the Board of Directors of the Rancho Cucamonga Fire Protection District of the amount of other revenues available to meet budget requirements. As used in this formula, "available revenue" shall include ad valorem taxes, State of California augmentation, tax increment revenues received from the Redevelopment Agency of the City of Rancho Cucamonga and any other source of revenue except the Special Tax. The Board of Directors shall take all responsible steps to retain maximum Redevelopment Agency funding to which, by agreement, they may lawfully receive. To the extent available revenues are insufficient to meet budget requirements, the Board of Directors may levy the Special Tax. For further particulars regarding the rate and method of apportionment of the Special Tax, reference is made to the Final Report Mello-Roos Community Facilities District No. 85-1 for Fire Suppression Facilities/Services – Foothill Fire Protection District, a copy of which is on file in the office of the Fire Chief of the Rancho Cucamonga Fire Protection District. Page 356 DATE:June 21, 2023 TO:Mayor and Members of the City Council President and Members of the Board of Directors FROM:John R. Gillison, City Manager INITIATED BY:Noah Daniels, Finance Director SUBJECT:Consideration to Receive and File Quarterly Financial Update for the Third Quarter of the Fiscal Year 2022/23 (CITY/FIRE) RECOMMENDATION: Staff recommends that the City Council receive and file the attached quarterly financial update for the third quarter of the Fiscal Year 2022/23. BACKGROUND: After the end of a fiscal quarter, the City Manager's Office and Finance Department provides the City Council with a brief update on the budgetary performance of the City's financial performance. The report includes the City's operating funds consisting of the General Fund, Library Fund, and Fire District. The report also provides economic factors and information to provide meaningful context for the City Council. ANALYSIS: The quarterly financial update provides a detailed analysis and discussion of the financial status for the General Fund, Library Fund, and Fire District. With 75% of the fiscal year complete, the revenues and expenditures are within the expected ranges when considering seasonality and timing of operations. Below are some highlights to consider while reviewing the report: •Property tax is a major revenue source for the General Fund, Library Fund, and Fire District. Through the third quarter, property tax has slightly exceeded expectations. In particular, the General Fund received more property tax in lieu of vehicle license fees than expected, which based on historical installments, means that the total revenues for fiscal year will exceed initial estimates. Additionally, the General Fund, Library Fund, and Fire District have received higher-than-expected residual and statutory passthrough payments related to the dissolved former redevelopment agency. •Sales tax is the largest revenue source for the General Fund, and the allocations from the first two quarters suggest that it will exceed the initial forecasts overall. Although total consumer spending appears to be constrained, but total taxable sales have increased due to inflation. This trend will be closely monitored by City staff. Page 357 Page 2 1 8 9 4 •Franchise fees and transient occupancy taxes (TOT) are other significant revenue sources for the General Fund. TOT is received monthly from hotels based on room occupancy and revenue per available room. TOT is expected to be slightly below forecasts because one hotel did not open as expected during the fiscal year. However, TOT revenue is still higher compared to previous fiscal years as it recovers from the impacts of COVID-19. Franchise fees are meeting expectations overall based on the timing of receipts. •Personnel services for the General Fund and Library Fund are below expectations in the third quarter due to vacancies in full-time and part-time positions. The City has faced challenges in recruiting for positions, as have other organization, since unemployed workers have more options available to them. This situation will result in significant cost savings for the General Fund and Library Fund overall. •Expenditure categories such as operations and maintenance and professional services include encumbrances for services. This sometimes leads to spending exceeding the benchmark. Encumbrances are commitments against the budget and serve as a conservative budgeting technique to prevent overspending. The report analyzes year-to- date expenditures for each department individually. FISCAL IMPACT: Finance did not identify any necessary budget appropriations for the third quarter. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: Providing the City Council with regular financial updates on the City's financial performance supports the Council's efforts to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive, by providing meaningful, timely financial information upon which they can base their current and future decisions that impact the City's finances. ATTACHMENTS: Attachment 1 – Quarterly Financial Update – Third Quarter of Fiscal Year 2022/23 Page 358 Quarterly Financial Update Quarter Ended March 31, 2023 ATTACHMENT 1 Page 359 PURPOSE AND OVERVIEW OF THE REPORT The City Manager’s Office and Finance Department is providing this quarterly financial report to the City Council as a high-level overview of the City's financial status through the prior quarter ended March 31, 2023, and an overview of economic indicators that can influence the City's revenues and expenditures. This report has several components: 1. Quarterly Report: This report includes budget to actual variance analysis for revenues and expenditures for July 1, 2022, through March 31, 2023. The quarterly report provides this detail for the General Fund, Fire District, and Library Fund. (Pages 1 to 9) 2. Economic Brief: This report compiles economic information and indicators, such as employment data, sales tax data, and other local and regional economic news. (Pages 10 to 17) Page 360 1 EXECUTIVE SUMMARY After the third quarter of the fiscal year, the City's financial status is in line with expectations. Significant accounts and notable variances are presented in this quarterly financial report. The tables in this report compare budgeted to actual amounts for the General Fund, Fire District, and Library. The year-to-date (YTD) actuals are unaudited and presented with encumbrances. The revised budget includes budget adjustments, encumbrance carryovers, and any supplemental appropriations approved by City Council through the quarter. The percent of the budget (% Bud) is the percentage received/spent of the budget. The prior year-to-date (PYTD) shows the comparable actual from the third quarter of the prior year. The report uses colored icons to illustrate how well the category is doing financially. Green means everything is good, yellow means that something is being watched closely, and red means that there is a problem that needs attention. It’s important to know that this report does not present revenue and expenditure budgets that are not approved. Therefore, updated revenue and expenditure information based on new information and forecasts are not shown in these reports. Despite this, the City makes sure to maintain a balanced budget, meaning that the amount of money it plans to spend is always equal to or less than the amount of money it expects to bring in or use from reserves. GENERAL FUND OVERVIEW The City’s General Fund is the main fund used to pay for a variety of programs and services that are provided to people and businesses in Rancho Cucamonga. This includes programs and services offered by different departments of the City. Overall, the revenues (amount of money coming in) and expenditures (going out) of the General Fund are within the expected range, taking into account things like seasonal changes and ongoing expenses. Currently, the amount of money spent from the General Fund is 61% of the total budget for the year. This includes both general expenses that benefit the whole city, as well as the costs of running individual departments. However, when we look only at the costs of running specific departments, the amount spent so far this year is 71% of the budget. This report will focus on analyzing the expenses for each department within the General Fund. The table above includes departmental and non-departmental spending. Non-departmental expenditures are excluded from the operating departmental analysis section. Major Revenues Primary revenue sources for the General Fund are property tax, sales tax, franchise fees, and transient occupancy tax. Collectively, these comprise about 80% of the annual budget. Property Tax. The property tax revenue category includes revenues from a few sources. The first significant source is Property Tax in Lieu of Vehicle License Fees, which was budgeted as $23.7 million, but should be slightly more based on the first of two equal installments the City receives. The first installment was for $12 million in Page 361 2 January 2022. Another source within this revenue category is residual payments from the dissolution of the former redevelopment agency, which was received in December 2022 for $2.5 million. Overall, the amount of money the City has received from property taxes is about what was expected, and it's even a little bit more than what was predicted at the beginning of the year. Sales Tax. Sales tax is the largest single source of revenue for the City. As such, City staff and consultants keep a close eye on how much sales tax is coming in. Consistent with the delay in receipts, the City has already received its allocation for the first two quarters of the fiscal year and one month from the third quarter through the third quarter. The rest of the money from the third quarter will come in April and May. So far, sales tax has exceeded what was expected at the start of the fiscal year. These higher receipts are likely the result of inflation increasing the costs of taxable sales. Overall, this trend means that the City now expects higher forecasted sales tax revenues for the year. Although if inflation results in less spending in the local economy, it could result in flat or downward sales tax revenues going forward. Franchise Fees and Transient Occupancy Taxes. Transient Occupancy Taxes (TOT) and Franchise Fees make up about 15% of the City's budgeted tax revenue. Franchisees, or companies that have agreements to use City infrastructure and services, pay the City on a regular schedule. Gas and electric franchise fees are paid closer to the end of the fiscal year, while refuse and cable franchise fees are paid every three months. By the end of the third quarter of the fiscal year, the City had received about 32% of the expected revenue from franchise fees, which is about the same as last year. The City gets TOT revenues from hotels every month. The adopted budget reflected expected growth from existing hotel demand increasing and the addition of two new hotels. However, only one of the two new hotels was opened this fiscal year, and demand, while still up, doesn’t appear to be as high as initially forecasted. Despite this, the City has received 67% of the expected revenues, which is slightly less than last year's 71%, but overall much more than the prior year. The revised forecast for TOT revenue will be lowered slightly to account for the one hotel not opening as expected. Licenses and Permits. This category of revenue mainly includes fees collected from building permits and business licenses, which make up 92% of the budget. At the end of the third quarter of the fiscal year, the actual revenue collected is more than the budgeted revenue by 1%. This is because the revenue collected from building permits has exceeded the initial forecast for the year. Fines and Forfeitures. This category includes revenue from fines and forfeitures, which for the City mainly come from vehicle and parking fines. These two sources make up 70% of the total fines and forfeitures budget. The revenue from parking citations is currently at 40% of the budget, lower than in the same period last year, as there aren't enough staff to issue parking citations. The City participates in various collection programs to collect unpaid parking citations, and these programs have begun to increase parking citation revenues in the third quarter. Overall, revenue is still lower than expected for the current fiscal year. Charges for Services. This category includes fees for services like reviewing building plans, planning, engineering, and recreation activities. Through the third quarter, the City has received 86% of the budget for plan check, planning, and engineering charges for services. In contrast, ticket sales and recreation fees are 41% of the budget; however, in terms of money, these revenues have increased by approximately $800,000 from the prior year. This is the result of various facilities and programs increasing operations after being shut down during the pandemic. Intergovernmental. This category usually includes only motor vehicle in-lieu fees and homeowners property tax relief revenues. In the third quarter, the City received two additional sources of revenue. The first is a $45,000 grant from the ASPCA, and the second is about $157,000 from the national opioid settlement funds. Since these items have not been budgeted yet, they have resulted in a revenue total that is 49% over the budget. The City has received $178,000 in motor vehicle in-lieu fees from the State, which is 86% of the budgeted amount for the year. Transfers In. Transfers refer to the moving of resources from other funds to the General Fund, and they occur Page 362 3 every three months. Generally, these transfers represent reimbursements for staffing, programs, and activities provided by the City’s General Fund. Last year is higher due to the receipt of $26.8 million in State and Local Fiscal Recovery Funds from the US Treasury, which was used to reimburse public safety costs. Other Revenues. This category includes various types of income, such as interest earned on invested funds, rental and lease income, reimbursements, and other miscellaneous revenues. Interest revenues have exceeded the budget by 49% due to rising interest rates which have increased the rates of returns on the City’s fixed investments. Reimbursements make up 37% of the budget for this category, and the City has received 57% of the budgeted amount. Besides administrative allowances for the Housing Successor Agency and the Successor Agency for the former redevelopment agency, reimbursements can vary depending on the activity. Rental and lease income make up 27% of the budget for this category and are at 51% of the budgeted amount. Departmental Expenditures Expenditures for the General Fund can vary because of the timing of vendor payments, carryover of purchase orders from the prior year, and the changes in operations during the year. Therefore, even if expenditures are above or below the benchmark of 75%, they still could be within the expected range. Personnel services will appear to be higher due to the allocation of estimated benefits to departments at the start of the fiscal year. The allocation is based on budgeted positions at the start of the year and adjusted at the end of the year to reflect the actuals. For the year, personnel services for some departments are lower due to vacant positions, which have been challenging to fill, resulting in savings that can be used elsewhere. Departments that provide services that benefit the City as a whole have their budgets reduced to reflect the allocation of the cost of those services to the benefiting departments. This is identified as the Cost Allocation category within the department’s budget. Administrative Services spending for the third quarter is as expected, with personnel services comprising 83% of the budget. This is due to the allocation of fringe benefits at the start of the fiscal year. On the other hand, operations expenses, which include spending for travel and meetings, are below the benchmark at 49%. This is not unusual, as such expenses tend to vary. Animal Care and Services department spending is within expected ranges. First, personnel services expenses are currently under the expected range at 70% of the budget, which is due to vacant positions and budgeted salary savings. In contrast, operations and maintenance and professional services expenses are over the expected range at 87% and 90%, respectively, which is mainly due to encumbrances for animal care and veterinary services. If those encumbrances are excluded, the spending is approximately equal to the benchmark. The budgets for these categories will need to be monitored, but overall the department’s budget should remain within its limits. Capital outlay expenses are below the expected range at 67% and represent a contingency budget for equipment replacement. In the second quarter, a veterinary ultrasound system was purchased. The Building and Safety department's personnel services expenses are at the benchmark, but excluding benefits is below, due to vacant positions. The impact of the vacant positions is that the department required specialized contract work to maintain operations. The result is that professional services are higher than expected at 90% due to the more spending on external contractors and Page 363 4 consultants to assist with building inspections and plan checks. Although the department's spending is generally within the expected range, it's essential to monitor spending on professional services carefully to avoid exceeding the budgeted amount. City Clerk and Records Management department's spending is currently lower than expected, but that's because the budget included an estimate for the November municipal election. Professional services, which is a category of expenses, is currently at a low of 5% of the budget, which was expected because the budget had estimated a cost of $500,000 for the election. However, new information suggests that the actual cost will be closer to $200,000 because the Mayor and District 3 City Council elections were not needed. City Council is below the benchmark of 75% for personnel services and operations and maintenance. Personnel services are at 71% of the budget due to a vacant Council Member position that was filled in December 2022. On the other hand, operations and maintenance expenses, which cover things like travel and meetings, can vary and are not unusual to be lower or higher than the benchmark. City Management’s spending is on track with the expected range based on the benchmark. Operations and maintenance expenses are at 46% of the budget, which primarily consists of almost equal parts for travel and meetings and general operations. These expenses can vary depending on when they occur during the year. Professional services, which cover a range of contracted services and consulting for Healthy RC, community affairs, and general support services, also vary depending on when they are needed and when payments to vendors are made. However, the spending in this category is consistent with prior year spending. The Community Improvement department's spending on personnel services is within the expected range. Although the spending on operations and maintenance is currently at 66% of the budget, it is not a significant category for the department overall. Outside of personnel expenditures, the majority of the department's budget is for professional services expenses, which primarily include legal fees for abatements, civil litigation, and other necessary services, and are at 61% of the budget. Legal expenses can vary since their use is based on the needs of the department, but also these costs can also be recoverable. The Community Services department is spending less on personnel services than expected, at 57% of the budget, due to staffing shortages for full-time and part-time positions. This has impacted the services offered by the department. As a result, spending on operations and maintenance, and professional services are also below the benchmark, at 38% and 42% of their respective budgets. As the department is working towards resuming services and programs to the community, it is spending resources on capital outlay projects, which are at 97% of the budget. This includes projects such as a pickleball court at Red Hill Park and digital projects and radio equipment at the Victoria Gardens Cultural Center. Page 364 5 Economic and Community Development's spending on personnel services is currently below the expected benchmark of 75%, mainly because two key positions were not filled earlier in the fiscal year. Spending on operations and maintenance is close to the benchmark, at 59% of the budget. Professional services are 65% of its budget and include encumbrances of over $101,000 for consulting and strategic services, which are necessary for the department's operations and the City’s economic activity. The Engineering department has spent below the expected benchmark of 75% on personnel services, accounting for 71% of its budget, due to several vacant positions during the current year. However, spending on operations and maintenance is above the benchmark, at 78% of the budget, mainly due to permits for NPDES with San Bernardino County. Professional services, the second-largest portion of the department's budget, is at 96% of its budget, which includes spending on engineering plan check services and other land development services to aid in reviewing large projects. Capital Outlay was for miscellaneous office furniture replacement and installation and has been fully expended. The Facilities department spends money on maintaining buildings and other facilities. Their spending on operations and maintenance, and professional services is currently at 69% and 94% of the budget, respectively. At the beginning of the fiscal year, the department encumbered contracts for maintenance and janitorial services. Professional services, which is the department's largest category and covers contracted services for various facility-related needs, are typical to be fully spent as a result of these encumbrances. The department's utilities spending is at 89% of the budget. This is due to an increase in electricity and gas rates, which are important factors in determining the department's budget for utilities. To account for these changes, the department will adjust its budgets to reflect any changes in price or expected usage for the rest of the fiscal year. The Finance department's spending on personnel services is at the expected benchmark of 75% of the budget. The spending on operations and maintenance, which covers things like training and office expenses, is slightly above the benchmark at 78% of the budget. The professional services category, which includes contracts for property and sales tax consulting services and other financial services to help implement various accounting standards, is at 86% of the budget. The Human Resource department's spending on personnel services is higher than the benchmark at 81% of its budget, but this is expected due to the allocation of benefits at the beginning of the year. However, spending on operations and maintenance is below the benchmark at only 44% of the budget. Professional services are at 66% of the budget, and this includes contracts for investigations and COVID-19 contact tracing services. Before contracting these services, the staff was performing all COVID-19 tracing duties, which required significant effort outside of regular working hours. Page 365 6 The Innovation and Technology department's spending on personnel services is on par with the benchmark. However, their spending on operations and maintenance is slightly above the benchmark at 86% of the budget, mainly because of the user fee charge for computers and equipment from the City’s internal service fund. This fee is charged at the start of the year and is the primary expenditure in this category. Professional services, which make up a significant portion of the department's budget at 80%, mainly consist of software subscriptions and support services. The department encumbers and pays vendors for these subscriptions and services throughout the year based on the timing of their contracts. Lastly, the department's utilities spending, which includes telephone and internet services, is at 76% of its budget. The Planning department's spending on personnel services is slightly above the benchmark at 76% of its budget, while the spending on operations and maintenance is significantly below the benchmark at 43% of the budget. This is due to the fact that costs for legal advertising and training are incurred when needed. Spending on professional services is above the budget at 114%. However, this was allowed to exceed the budget as it pertains to reimbursable contract services. This means that the developer has pre-funded the cost of these services to the City. These services include peer review services, environmental reports, and other supplemental services. The budget will be revised to reflect the higher-than-expected services and estimated usage for the remainder of the fiscal year. The Police department's spending is generally in line with the benchmark. However, spending on operations and maintenance is slightly below the benchmark, at 62% of the budget, while spending on professional services is at 72% of the budget. The former covers events, training, and other crime prevention activities, while the latter includes a contract with the San Bernardino County Sheriff for police services. Meanwhile, the department's utilities spending is at 78% of the budget, which covers telephone, electricity, gas, and water expenses for its facilities. The costs have been slightly impacted by increases across the City. Finally, the "Other" category accounts for insurance costs for Police in the Public Safety Facility, which are charged quarterly and make up 75% of the budget. The Procurement department's spending on personnel services is above the benchmark, at 82% of its budget. Spending on operations and maintenance is significantly below the benchmark, at only 21% of the budget; however, this category covers expenses for training, office supplies, and other necessary expenses for the department, which is only incurred as needed. The Public Works department's spending on personnel services is slightly above the benchmark at 76% of its budget. The spending on operations and maintenance is above the benchmark at 91% of the budget, mainly due to fees for services and equipment charges from the City’s internal service fund at the beginning of the fiscal year. Page 366 7 Similarly, spending on professional services is at 95% of the budget due to encumbrances for maintenance contracts made at the beginning of the fiscal year, including park, vehicle and equipment, and street maintenance. The budgeted amount for utilities spending is at 55%, which mainly includes water costs, and has not been significantly impacted compared to other utility categories. Capital outlay spending is also at 55% of the budget and is being used for citywide concrete repairs. LIBRARY FUND OVERVIEW The Library Fund revenues and expenditures are within the expected range, considering seasonality and ongoing expenses. The Library Fund has spent 42% of its total budget for the year, while the revenues earned are 66% of the total budget. The Library Fund will spend more money than the prior year, largely due to a transfer of funds to the Library Capital Fund for the Second Story and Beyond Library capital project. This will result in the use of some of its reserves for this one-time project. Library Revenues Property Tax. The Library Fund is funded by a portion of the property taxes collected by the City. In addition to this, the fund also receives a specific amount of money, budgeted at $2.2 million, from the former redevelopment agency. This money is distributed in two installments, with the first installment of approximately $1.3 million received in December of the current year. The second installment is expected to be received in June. Other Notable Variances. Other sources of revenue are interest earned on invested funds, rental and lease income, reimbursements, miscellaneous revenues, contributions, and fundraising. However, this year's revenue is significantly higher due to a large contribution from the RC Library Foundation. This contribution makes up about two-thirds of the department's total budget for the year. Library Expenditures. The Library Fund's spending for the year so far is mostly within the expected range. Personnel services spending is below the benchmark at 64% of the budget due to delays in filling vacancies. Operations and maintenance spending are above the benchmark at 79% of the budget, but this is because of the purchase of printed and digital book materials and supplies for the two libraries made at the start of the year. Professional services spending is at 72% of the budget, which is close to the benchmark and similar to last year in the third quarter. The budgeted amount for utility spending is 54%, which includes Page 367 8 expenses such as internet, telephone, electricity, gas, and water for the libraries' facilities. The Library Fund is planning to purchase another 24/7 Library Material Kiosk to be installed when Fire Station 178 is constructed and operational. Transfers out are at the benchmark of 50%, and the significant transfer of resources is for the Second Story and Beyond Project at Paul Biane Library, which is being paid for out of the Library Capital Project Fund. As of the third quarter, the entire transfer has not yet been recorded. Other expenditures include unplanned programming and miscellaneous expenses during the year. This category will vary depending on actual activity. FIRE DISTRICT OVERVIEW The Fire District is responsible for keeping the community safe by providing fire prevention and suppression services. It includes the Fire General Fund and two Community Facilities Districts (CFD) 85-1 and 88-1. The City has seven fire stations that are currently operational, and one is under construction. In terms of finances, the Fire District is on track with its spending and revenue expectations for the year. As of now, the Fire District has spent 63% of its total budget while earning 62% of the total budget. This is due to the expected expenses and revenues for this time of year. Fire District Revenues Property Tax. The property tax revenue category for the Fire District, just like the City, includes several sources of revenue. The biggest source, besides the usual property tax, is the money received from the former redevelopment agency, which is distributed in two installments. The first installment of about $8.4 million was received in December of the current year, and the second is expected in June. Additionally, there are two Community Facilities Districts (CFD 85-1 and 88-1) that collect special taxes within their boundaries for funding administration, personnel services, maintenance, and operations. The special tax levy has remained unchanged for several years, and the Fire District helps fund the CFDs. Together, the CFDs will collect $6.7 million and receive a contribution of $3.6 million in resources from the Fire District. These contributions are reflected as Transfers In (revenue) to the CFDs and Transfers Out (expenditure) from the Fire District in the Fire District's summary, revenue, and expenditure tables. Other Revenues. This category includes money earned from investments, rental and lease income, reimbursements, and miscellaneous sources. Most of the reimbursements in this category are from the Other Post- Employment Benefits (OPEB) Trust and non-abated reimbursements, primarily from CalOES. Together, these two types of reimbursements make up the majority of the budget for this category. At the end of each fiscal year, Finance requests reimbursements from the OPEB Trust to cover retiree healthcare costs. The timing of reimbursement receipts from CalOES for fire support depends on when the state agency processes them. Page 368 9 Fire District Expenditures The Fire District's spending is mostly within the expected range, except for a few categories. Personnel services, which account for employee salaries and benefits, are at 66% of the budget. This is similar to the previous year and differs from the City's allocation of benefits at the beginning of the year. Operations and maintenance, which includes maintaining fire stations and equipment, is at 68% of the budget, while professional services, such as legal and consulting fees, are at 72% of the budget. These two categories are close to the benchmark and expected spending range. Utilities spending for the Fire District's facilities and stations are on par with the benchmark at 75% of the budget. Debt service, which is the amount of money paid towards repaying loans, is at 75% of the budget. This is due to an interfund loan between the Fire District and the General Fund, which will be fully repaid by October 2023. The interest component of the loan is shown as debt service for the Fire District. Other expenditures are at 13%, with the significant budget item being the Fire District's planned additional discretionary unfunded actuarial liability (UAL) payment to CalPERS of $3.7 million. This payment is not made until the final quarter of the year. Page 369 10 ECONOMIC BRIEF The economic brief provides information on economic indicators that can be used to measure and track economic activity at a local level. The economy is a combination of individual, business, and government spending or investment at the national, regional, and local levels. Governments of all levels keep an eye on these economic factors to assess the strength of the economy. This section of the brief focuses on indicators that can help track aspects of the local economy. Here is a summary of the economic updates for the City provided in this report: Statewide, Regional and Local Labor Market The City and California have a low unemployment rate, which means people who are looking for jobs can find employment, and this is generally good for the economy. A low unemployment rate indicates disposable income is available by households to purchase goods, which can stimulate economic growth. • According to preliminary March 2023 figures, San Mateo County had the lowest unemployment rate in California at 2.8%, and San Francisco County was at 3.0%. On the other hand, Imperial County had the highest unemployment rate at 15.6%, and Colusa County was at 19.2%. • Over the year, the unemployment rate decreased in four out of 58 counties in March 2023, but San Bernardino County increased by 0.3% (4.5% in March 2023, compared to 4.2% in March 2022) during that period. The unemployment rate increased slightly to 3.3% in March 2023, but it's the same as in March 2022 at 3.2%. The number of people in the workforce and those who have jobs has not changed significantly. Inflation has decreased from its highest point but is still higher than historical benchmark. The cost of borrowing money has gone up, lowering the volume of home sales and median home price. Even though inflation has increased taxable sales, people are spending less money overall, which is a continuing concern. Page 370 11 The graph below shows the unemployment rates (not seasonally adjusted) for the largest areas statewide for March 2023: Source: Employment Development Department, State of California The City is doing well compared to similar areas in terms of unemployment: • In March 2023, the City's unemployment rate was 3.3%, slightly up from 2.6% in December 2022 and 2.7% in September 2022. • The City has a good track record compared to San Bernardino County and California overall. In March 2023, the City's unemployment rate was 1.2% lower than San Bernardino County's rate of 4.5% and 1.5% lower than California's rate of 4.8%. Source: Employment Development Department, State of California 4.0% 3.0% 4.5% 3.8% 4.5% 3.2% 4.6% 3.4% 3.7% 5.0% Contra Costa County San Francisco County Sacramento County Alameda County San Bernardino County Santa Clara County Riverside County Orange County San Diego County Los Angeles County Unemployment Rate by Ten Largest Coun�es 4.0% 8.6% 2.9% 3.3% 4.4% 3.9% 3.4% 3.7% 4.5% 5.0% Oxnard-Thousand Oaks-Ventura MSA Fresno MSA San Francisco-Redwood City-South San Francisco MD San Jose-Sunnyvale-Santa Clara MSA Sacramento--Roseville--Arden-Arcade MSA Oakland-Hayward-Berkeley MD Anaheim-Santa Ana-Irvine MD San Diego-Carlsbad MSA Riverside-San Bernardino-Ontario MSA Los Angeles-Long Beach-Glendale MD Unemployment Rate by Ten Largest Areas 0.0% 1.0% 2.0% 3.0% 4.0% 5.0% 6.0% 7.0% 8.0% 9.0% Unemployment Rate Historical Trend Rancho Cucamonga San Bernardino California Page 371 12 The table below summarizes and compares the City, County, and State’s second quarter unemployment rates. Source: Employment Development Department, State of California The following graph shows that the City unemployment rate is also favorable when analyzed against adjacent and comparable cities in San Bernardino County. Source: Employment Development Department, State of California 3.3% 3.0% 4.3% 4.1% 3.7% 2.0% 2.5% 3.0% 3.5% 4.0% 4.5% Rancho Cucamonga Chino Hills Fontana Ontario Upland Unemployment Rates By City Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 Page 372 13 Labor Force The labor force is a way to measure the job market's health. It counts all the people who are employed or looking for work but not those who are unemployed and not actively seeking employment. This helps us understand how many people are actively seeking employment and their likelihood of finding a job. Over the last year, many people have been quitting their jobs, and tracking the labor force can tell us if they are finding new jobs or leaving the workforce altogether. In March 2023, the City's labor force increased slightly to 100,900 from 100,800 in February 2023 but was lower than the 101,300 in March 2022. The number of unemployed workers increased by 200, and the number of employed workers decreased by 500, which corresponds to the minor changes in the unemployment rate that we previously mentioned. Source: Employment Development Department, State of California An expanding labor force and rising employment numbers are positive signs for the economy. The chart below shows the City's labor force and employment figures from the past two years. The gap between the labor force and full employment represents the number of unemployed people rather than the percentage rate. When the gap is narrow, it indicates that although anything below 5% unemployment is considered "full employment," there are still very few people without a job. Source: Employment Development Department, State of California 84,000 86,000 88,000 90,000 92,000 94,000 96,000 98,000 100,000 102,000 104,000 Employment and Labor Force Employment Labor Force Page 373 14 Consumer Price Index The Consumer Price Index (CPI) is a way to measure the change in the prices of goods and services over time. It helps us compare how much things cost this month compared to a month or year ago. While the CPI is the most commonly used measure of inflation, it is not a cost-of-living index. The CPI is calculated regularly in cities and metropolitan areas, taking into account a combination of factors that affect price changes. The two graphs below show the cumulative inflation and year-over-year changes for consumers in the Riverside-San Bernardino-Ontario area from January 2021 to March 2023. The baseline period is January 2021 (which is set to $100). Source: Bureau of Labor Statistics Page 374 15 The median CPI is used by the Federal Reserve Bank of Cleveland to measure inflation by excluding prices that change a lot, like food and energy, which are influenced by global markets. Instead, the highest and lowest inflation rates are removed, and the median inflation rate in the middle is used to calculate the median CPI. This helps to identify average price trends at any given time. The graph below shows that the median CPI has been steadily increasing over the past year and is currently at its highest level in decades. This is concerning because it suggests that overall prices for goods and services are increasing, not just for a few categories. Source: Federal Reserve Bank of Cleveland 0 1 2 3 4 5 6 7 8 9 10 2018 2019 2020 2021 2022 2023Year-over-year percent changeMedian Consumer Price Index mediancpi cpi Page 375 16 Property Tax Home sales have decreased in the first quarter of 2023 compared to record highs over the last two years. This decline is likely due to higher interest rates and overall borrowing costs, which reduce demand. The median home price has decreased by 5.1% in the first quarter of 2022 and by 12.0% from its peak in the second quarter of 2022. However, median home prices are still up 10.4% from two years ago. The graph below shows the median sales prices of a detached single-family home in the City and the number of sales by year and quarter. Source: HdL Companies $- $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 0 100 200 300 400 500 600 2020 Q1 2020 Q2 2020 Q3 2020 Q4 2021 Q1 2021 Q2 2021 Q3 2021 Q4 2022 Q1 2022 Q2 2022 Q3 2022 Q4 2023 Q1 Median PriceSalesSales Value History Full Value Sales Median Price Page 376 17 Sales Tax The City gets most of its sales tax revenue from a few main types of businesses, such as stores selling everyday items, industrial companies, and restaurants and hotels. Another significant revenue source is sales tax receipts from state and county pools, which mainly come from online shopping and other purchases made in the pools and then distributed to the City. City staff closely monitor the impact of these pools because it reveals how people choose to shop. After the initial easing of COVID-19 restrictions, in-person shopping has increased, but in recent months, online shopping has started to pick up again and continues to grow. In the most recent data from the fourth calendar quarter of 2022, the City’s sales receipts grew from the prior year due to strong job numbers and low unemployment. The City’s largest sector, general consumer goods, increased in tax receipts due to inflation which raises taxable sales overall. Additionally, brick-and-mortar retailers have shown mixed results, as last year was exceptional after coming out of the pandemic, but now appear to be pulling back. Generally, these types of impacts have the ability to create growth in the short term and flatten out in the long term. The restaurants and hotels industry also performed well, considering increased menu prices and more people returning to offices, but it does show some signs of slowing. This sector is also negatively impacted by the staffing shortage that is impacting virtually all industries. Use taxes, which are remitted via countywide pools, increased slightly as e-commerce spending behavior continued to climb upward. The chart below depicts the most recent available sales tax statistics. General Consumer Goods 33% Business and Industry 13% Restaurants and Hotels 15% State and County Pools 15% Autos and Transporta�on 6%Building and Construc�on 7% Fuel and Service Sta�ons 5% Food and Drugs 5% 4Q 2022 Percent of Total Page 377 Quarterly Financial Update and Midyear Budget Analysis June 21, 2023 1.Economic Briefing 2.Quarterly Financial Results for: 1.General Fund 2.Library Fund 3.Fire District Presentation Overview Econom ic Briefing •Unemployment is 3.3%in March 2023 •The City’s labor force and total employment are relatively unchanged from last year. •Inflation is 4.6% which is below its highest points, but still high •Median home prices are down 5.1% from the first quarter of 2022 but up 19% from two years ago. Econom ic Briefing 3.3% 4.8% Historically, lower than CA and SB County. Prelim. Rate for May is 3.1% Econom ic Briefing Econom ic Briefing General Fund Summary Taxes are within expectations based on the receipt cycle. Expenditures are on-track, except for personnel services and utilities. Library Fund Summary Taxes are within expected ranges, and other revenues are higher due to donations. Expenditures are on-track, with similar issues as the General Fund. Fire District Sum m ary Taxes are within expected ranges, and reimbursements are as expected. Overall, expenditures are within the expected ranges. Questions ?