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Home My WebLink About2024/03/20 - Regular Meeting Agenda Packet 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 Mayor 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 March 20, 2024 10500 Civic Center Drive Rancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCIL HOUSING SUCCESSOR AGENCY- SUCCESSOR AGENCY – PUBLIC FINANCE AUTHORITY CLOSED SESSION REGULAR MEETINGS TAPIA CONFERENCE ROOM COUNCIL CHAMBERS 4:30 P.M. 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/your-government/city-council-agendas or by contacting the City Clerk's Office at 909-774- 2023. Live Broadcast available on Channel 3 (RCTV-3). For City Council Rules of Decorum refer to Resolution No. 2023-086. 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/your-government/city-council-agendas. 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 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 D. CONDUCT OF CLOSED SESSION D1. CONFERENCE WITH LABOR NEGOTIATORS ROBERT NEIUBER, SENIOR HUMAN RESOURCES DIRECTOR; MIKE MCCLIMAN, FIRE CHIEF; AND JULIE SOWLES, DEPUTY CITY MANAGER; PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH RANCHO CUCAMONGA MANAGEMENT ASSOCIATION; EXECUTIVE MANAGEMENT GROUP; AND TEAMSTERS LOCAL 1932. (CITY) 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 12467 BASE LINE ROAD IDENTIFIED AS PARCEL NUMBERS 1090-331-03- 0000, 1090-331-04-0000, 1089-581-04-0000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS; REGARDING PRICE AND TERMS. – (CITY) D4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8821 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229-162-15; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND JASON WELDAY, CITY ENGINEER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND WILLIAM A. JONES AND JOAN F. JONES, TRUSTEES OF THE JONES FAMILY TRUST OF 2010, AS TO AN UNDIVIDED ONETHIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN GARNESS, UNDIVIDED ONETHIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN GARNESS, TRUSTEES OF THE GARNESS FAMILY TRUST DATED JUNE 28, 2012, AS TO AN UNDIVIDED ONETHIRD (1/3) INTEREST, AND JOHN S. CLEMONS AND PATRICIA R. CLEMONS, TRUSTEES OF THE CLEMONS REVOCABLE TRUST DATED DECEMBER 4, 2014, AS TO AN UNDIVIDED ONETHIRD (1/3) INTEREST, AS TENANTS IN COMMON, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. (CITY) E. RECESS 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 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.ANNOUNCEMENTS / PRESENTATIONS C.PUBLIC COMMUNICATIONS 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 us from addressing any issue not on the Agenda. Testimony may be received and referred to staff or scheduled for a future meeting. Comments are to be limited to three (3) minutes per individual. 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, disorderly or boisterous conduct that disturbs, disrupts, or otherwise impedes the orderly conduct of the meeting. For more information, refer to the City Council Rules of Decorum and Order (Resolution No. 2023-086) located in the back of the Council Chambers. 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. 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 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 Special Meetings of March 4, 2024 and March 6, 2024 and Regular Meetings of March 6, 2024. D2. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $2,090,796.36 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $8,885,352.87 Dated February 26, 2024, through March 10, 2024. (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 $37,052.69 Dated February 26, 2024, through March 10, 2024. (CITY/FIRE) D4. Consideration to Receive and File Current Investment Schedules as of February 29, 2024, for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE) D5. Consideration of the City Council to Reappoint and Update the Term of Committee Members to the Community Parks and Landscape Citizens' Oversight Committee. (CITY) D6. Consideration of the Purchase of Two Type-3 Brush Fire Engines Utilizing Department of General Services State of California Statewide Contract 1-22-23-21B with Boise Mobile Equipment Fire Trucks, LLC in the Amount of $899,120. (FIRE) D7. Consideration of a Professional Services Agreement with PumpMan SoCal for Routine Maintenance of Pumping Systems in an Amount Not to Exceed $50,000 Annually. (CITY/FIRE) D8. Consideration to Approve a Master Services Agreement with Bluefin Payment Systems LLC for Gateway Encryption Services in the Amount of $9,100 Plus a 10% Contingency for the Lewis Family Playhouse and Randall Lewis Second Story and Beyond® Services. (CITY) D9. Consideration to Approve a Contract with ECS Imaging Utilizing a Cooperative Contract through OMNIA Partners for Laserfiche, Document and Records Management Software Solution and for Priority Support Services in the Amount of $116,600. (CITY) D10. Consideration of Approval to Exercise Option of Extending Contract No. 19-072 with SMG – Rancho Cucamonga Premier Food Services LLC Original Agreement by One (1) Year Until May 20, 2025. (CITY) D11. Consideration of Approval and Execution of a Purchase and Sale Agreement Between the City of Rancho Cucamonga and San Bernardino County Transportation Authority (SBCTA) for Property Commonly Known as 7089 Etiwanda Avenue, APN 0227-121-56-0-000 and Authorize the Appropriation and Expenditure of Funds for the Purchase of Vacant Land in the Amount of $1,315,300.00 from Capital Reserve Fund 025. (CITY) 7 16 26 28 105 107 110 112 116 119 121 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 D12. Consideration of Resolution No. 2024-017, a Resolution of the City Council of the City of Rancho Cucamonga, California, Rescinding Resolution of Necessity No. 2022-011, a Resolution of the City Council of the City of Rancho Cucamonga, California, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the Etiwanda Grade Separation Project (Temporary Construction Easement Over a Portion of APN 0229-162-15). (RESOLUTION NO. 2024-017) (CITY) D13. Consideration of Resolution No. 2024-015 and Resolution No. 2024-016, Authorizing Submittal of a Claim to the San Bernardino County Transportation Authority (SBCTA) for Transportation Development Act (TDA) Article 3 Funds for the Cucamonga Creek Channel Maintenance Project and Day Creek Channel Bike Trail Improvement Project. (RESOLUTION NO. 2024-015 AND RESOLUTION NO. 2024-016) (CITY) E.CONSENT CALENDAR ORDINANCE(S) - SECOND READING/ADOPTION F.ADMINISTRATIVE HEARING ITEM(S) F1. Consideration of First Reading of Ordinance No. 1025, to be Read by Title Only and Waive Further Reading, Amending Chapter 3.08 (Purchasing System) of the Rancho Cucamonga Municipal Code to Include Design Approval Authority for Public Improvement Projects, and Making a Determination that the Ordinance is Exempt from the California Environmental Quality Act. (ORDINANCE NO. 1025) (CITY) G.ADVERTISED PUBLIC HEARINGS ITEM(S) - CITY/FIRE DISTRICT G1. Consideration of (1) Conduct a Public Hearing for the Annexation at the Resort at Empire Lakes Community Facilities District No. 2018-01, (2) Adopt the Resolution Calling an Election, (3) Conduct an Election of the Qualified Voters, (4) Adopt the Resolution Declaring the Election Results, and (5) First Reading of Ordinance No. 1024, to be Read by Title Only and Waive Further Reading to Levy a Special Tax. (RESOLUTION NO. 2024-013 AND 2024-014) (ORDINANCE NO. 1024) (CITY) H.CITY MANAGER'S STAFF REPORT(S) H1. Consideration to Receive and File the Second Quarter Financial Update for the Fiscal Year 2023/24 and Approve Various Appropriations and Related Actions. (CITY/FIRE) H2. Consideration to Receive and File the General Plan Annual Progress Report and the Housing Element Annual Progress Report for 2023. (CITY) 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.) 139 154 164 168 184 232 --- --- 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 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 seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website. LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477-2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. *DRAFT* March 4, 2024 | City Council Special Meeting Minutes City of Rancho Cucamonga | Page 1 of 1 March 4, 2024 CITY OF RANCHO CUCAMONGA CITY COUNCIL SPECIAL MEETING MINUTES The City Council held a Special Meeting on Monday, March 4, 2024 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 8:21 a.m. CALL TO ORDER Present were Council Members 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. A. PUBLIC COMMUNICATIONS No public communications. B. ITEMS OF DISCUSSION B1. Annual City Council Review and Development of New Goals, Team Building Workshop and Related Legislative Matters. (CITY/FIRE) The meeting recessed at 12:10 p.m. for lunch; reconvened at 1:40 p.m. All Members were present. C. ADJOURNMENT Mayor Michael adjourned the meeting at 4:42 p.m. Approved: Linda Troyan, MMC City Clerk Services Director Page 7 *DRAFT* March 6, 2024 | City Council Special Meeting Minutes City of Rancho Cucamonga | Page 1 of 1 March 6, 2024 CITY OF RANCHO CUCAMONGA CITY COUNCIL SPECIAL MEETING MINUTES The City Council held a Special Meeting on Wednesday, March 6, 2024 in Council Chambers, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor L. Dennis Michael called the meeting to order at 6:00 p.m. CALL TO ORDER Present were Council Members 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; Julie Sowles, Deputy City Manager/Civic and Cultural Services; Nick Ghirelli, City Attorney and Linda A. Troyan, City Clerk Services Director. Mayor Pro Tem Kennedy led the Pledge of Allegiance. A.PUBLIC COMMUNICATIONS None. B.ITEMS OF DISCUSSION B1.Recognition of Rancho Cucamonga Football, Soccer and Cheer Teams. Mayor Michael and Members of the City Council presented Certificates of Recognition to the coaches and players and cheerleaders of Rancho Cucamonga Football, Soccer and Cheer teams. Mayor Michael and Members of the City Council congratulated and thanked the coaches, parents and volunteers for their commitment and support. C.ADJOURNMENT Mayor Michael adjourned the meeting at 6:18 p.m. Approved: Linda Troyan, MMC City Clerk Services Director Page 8 *DRAFT* March 6, 2024 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 1 of 7 March 6, 2024 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, March 6, 2024, in the Tapia Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 5:00 PM. Present were Council Members: 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; Nicholas Ghirelli, City Attorney; Matt Burris, Deputy City Manager/Economic and Community De velopment 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 ROBERT NEIUBER, SENIOR HUMAN RESOURCES DIRECTOR; MIKE MCCLIMAN, FIRE CHIEF; AND JULIE SOWLES, DEPUTY CITY MANAGER; PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH RANCHO CUCAMONGA MANAGEMENT ASSOCIATION; EXECUTIVE MANAGEMENT GROUP; AND TEAMSTERS LOCAL 1932. (CITY) D2. 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) D3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF SAN BERNARDINO ROAD AND KLUSMAN AVENUE IDENTIFIED AS PARCEL NUMBER 0208-151-05-0000, COMMONLY KNOWN AS ADDRESS 9575 SAN BERNARDINO ROAD, RANCHO CUCAMONGA, CA 91730; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND BOBBY MENDEZ, REALTY MASTERS & ASSOCIATES; REGARDING PRICE AND TERMS. (CITY) Page 9 *DRAFT* March 6, 2024 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 2 of 7 D4. 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. (CI TY) D5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE RANCHO CUCAMONGA METROLINK STATION IDENTIFIED AS PARCEL NUMBERS 0209-272- 11, 0209-143-21, AND 0209-272-22 AND CERTAIN ADJACENT RIGHT-OF-WAY INCLUDED WITHIN THE STATION FOOTPRINT; CITY NEGOTIATOR: JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA; NEGOTIATING PARTIES: SARAH WATERSON, PRESIDENT, REPRESENTING DESERTXPRESS ENTERPRISES, LLC, DBA AS BRIGHTLINE WEST; UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT. (CITY) E. RECESS The closed session recessed at 5:42 p.m. Page 10 *DRAFT* March 6, 2024 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 3 of 7 REGULAR MEETING – 7:00 PM 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 March 6, 2024, 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 PM. Present were Council Members: Ryan Hutchison, Kristine Scott, Ashley Stickler, Mayor Pro Tem Lynne Kennedy and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Nicholas Ghirelli, City Attorney; and Linda A. Troyan, MMC, City Clerk Services Director. Council Member Scott led the Pledge of Allegiance. A. AMENDMENTS TO THE AGENDA None. B. ANNOUNCEMENTS / PRESENTATIONS None. C. PUBLIC COMMUNICATIONS Two (2) speakers: Antoinette Jensen and Peta Attwood spoke about alleged child abuse incidents occurring in the Etiwanda School District, mandated reporting laws under Penal Code §§ 11166, concerns of retaliation by the Etiwanda School District and lack of enforcement by the Rancho Cucamonga Police Department. Rabbi Sholom Harlig, thanked the City Council, City Staff, Rancho Cucamonga Fire Protection District and Rancho Cucamonga Police Department for their service and support , spoke about antisemitism and requested that City resources be used for local issues not international affairs. Youssef Abdelmonem, spoke in support of a Ceasefire Resolution and requested the City divest from companies who profit from Israel’s military attacks in Gaza. Husam Sueiman, spoke about genocide, apartheid and ethnic cleansing in Israel, requested the City divest from companies who profit from Israel’s military attacks and provided documents about divestment supporting a Ceasefire Resolution. Dr. Sharon Lyn Stein, spoke in opposition to a Ceasefir e Resolution, antisemitism and requested the City stay out of international issues. Gabriel Kounaton, spoke in opposition to a Ceasefire Resolution and ongoing protests in the City. Dr. Rachel Garcia, spoke about ongoing issues in Israel and requested the City Council legislate for local issues such as public safety and not interfere in foreign affairs. Ricardo Sawyer, spoke in support of a Ceasefire Resolution, ongoing issues in Israel and requested the City divest from companies who profit from Israel’s military attacks. Ryan West, spoke about open space and shared ideas for the Central Park Masterplan. Page 11 *DRAFT* March 6, 2024 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 4 of 7 Lev Rasin, spoke about the history of conflict in the Middle East and requested the City Council not interfere in foreign affairs and focus on local policies. Dr. Khadeeja Abdullah requested the City divest from companies who profit from Israel’s military attacks. Jacob Haiavy, spoke in opposition to a Ceasefire Resolution, antisemitism and requested the City stay out of international issues as a Ceasefire Resolution should be directed and agreed upon by the two parties involved in the conflict. Mariam, spoke in opposition to a Ceasefire Resolution and shared concerns of antisemitism in local schools. Phillip E. Walker, spoke about a short film movie premier for “The Sweetest Vacation” and thanked the City Council for their support. Stephanie, spoke in support of a Ceasefire Resolution and requested the City divest from companies who profit from Israel’s military attacks. Hind Museils, spoke about the poor quality of life and ongoing issues in the Middle East and requested the City Council maintain the City a safe place and support justice for humanity. Dr. Nazli Janjua, spoke in support of a Ceasefire Resolution and the crisis of hospitals not being functional due to Israel’s military attacks in Gaza. Rheyanah Williams, spoke in support of a Ceasefire Resolution and requested the City divest from companies who profit from Israel’s military attacks. Noor Abdallah requested the City divest from companies who profit from Israel’s military attacks . Noor Tabba, spoke in support of a Ceasefire Resolution and requested the City stand up for justice. Mayor Michael announced the public communications one-hour period ended at 8:02 PM and that any other public communications which have not concluded during this one-hour period will resume after the regular business portion of the agenda has been completed. Page 12 *DRAFT* March 6, 2024 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 5 of 7 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 February 21, 2024. D2. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $2,120,381.63 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $3,135,130.30 Dated February 12, 2024, through February 25, 2024. (CITY/FIRE) D3. Consideration to Approve Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $326.79 Dated February 12, 2024, through February 25, 2024. (CITY/FIRE) D4. Consideration to Adopt the 2024 Legislative Platform. (CITY) D5. Consideration of Amendment No. 02 to the Professional Services Agreement With NV5, Inc. (CO19-110) to Increase the Contract in the Amount of $150,000 for FY 2023/24 for Electrical Engineering Design and Support. (CITY) D6. Consideration of a Secondary Professional Services Agreement with Westbound Communications Inc., to Establish a Separate Professional Services Agreement with Westbound Communications Inc. Exclusively for Economic Development Marketing and Communication Services. (CITY) D7. Consideration to Approve Professional Services Agreements with Twenty-Six Selected Vendors for On-Call CEQA Environmental Consulting Services for Three Years with Option to Renew in One-Year Increments for a Total of Five Years. (CITY) D8. Consideration of Amendment No. 1 to Contract CO #2022-121 with Loghmani & Associates Design Group, Inc. for Additional Construction Services in an Amount Not to Exceed $47,740, Consideration of Professional Services Agreement CO #19-140 with Aufbau Corporation for In-Field Construction Management Services in an Amount Not to Exceed $80,000, and an Appropriation in the Amount of $127,740 from the Library Capital Reserve Fund Balance. (CITY) D9. Consideration to Order the Annexation to Landscape Maintenance District No. 1 Related to Case No. PMT2022-02242, Located at 6046 Indigo Avenue. (RESOLUTION NO. 2024- 005) (CITY) D10. Consideration to Approve and Adopt Resolutions Certifying the Results of Elections and Adding Annexation Nos. 2024-1, 2024-2, 2024-3, 2024-4, 2024-6, 2024-7, and 2024-8 to Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga. (RESOLUTION NOS. 2024-006 TO 2024-012) (CITY) MOTION: Moved by Council Member Stickler, seconded by Mayor Pro Tem Kennedy, to approve Consent Calendar Agenda items D1 through D10, and with Council Member/Board Member Scott abstaining on item D3. Motion carried 5-0. Page 13 *DRAFT* March 6, 2024 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 6 of 7 E. CONSENT CALENDAR ORDINANCE(S) - SECOND READING/ADOPTION None. F. ADMINISTRATIVE HEARING ITEM(S) None. G. ADVERTISED PUBLIC HEARINGS ITEM(S) - CITY/FIRE DISTRICT None. H. CITY MANAGER'S STAFF REPORT(S) None. I. COUNCIL BUSINESS I1. COUNCIL ANNOUNCEMENTS None. I2. INTER-AGENCY UPDATES None. J. CITY ATTORNEY ITEMS City Attorney Ghirelli reported that the City and Plaintiff agreed upon a settlement for a waiver of cost for item D2 on tonight’s Closed Session. K. IDENTIFICATION OF ITEMS FOR NEXT MEETING None. C. PUBLIC COMMUNICATIONS – (CONTINUED) Mayor Michael continued public communications at 8:05 PM. Samia Alkam requested the City divest from companies who profit from Israel’s military attacks. Dania Alkam requested the City divest from companies who profit from Israel’s military attacks and redirect funds to Rancho Cucamonga residents. Isatu N’ Diaye, requested the City divest from foreign governments and redirect funds to local government. Abed Millbes, requested the City divest from companies who profit from Israel’s military attacks . Zayneb Khan requested the City divest from companies who profit from Israel’s military attacks. Fatima Khan requested the City divest from Israeli investments. Eugenia, spoke in opposition of the City divesting from Israeli investments and highlighted Israel’s contributions in technology and inventions. Page 14 *DRAFT* March 6, 2024 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 7 of 7 L. ADJOURNMENT Mayor Michael adjourned the Council Meeting at 8:20 p.m. Approved: Linda A. Troyan, MMC City Clerk Services Director Page 15 DATE:March 20, 2024 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 Veronica Lopez, Accounts Payable Supervisor SUBJECT:Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $2,090,796.36 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $8,885,352.87 Dated February 26, 2024, through March 10, 2024. (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 $1,263,795.55 and $827,000.81 for the City and the Fire District, respectively. Weekly check register amounts are $7,248,394.64 and $1,636,958.23 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 16 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 2/26/2024 through 3/10/2024 Check No.Check Date Vendor Name City Fire Amount AP 00017235 02/28/2024 360 DEEP CLEANING LLC 0.00 7,292.00 7,292.00 AP 00017236 02/28/2024 ABSOLUTE SECURITY INTERNATIONAL INC 31,624.28 0.00 31,624.28 AP 00017237 02/28/2024 AIR EXCHANGE INC 1,247.49 0.00 1,247.49 AP 00017238 02/28/2024 ALLSTAR FIRE EQUIPMENT INC 0.00 2,285.80 2,285.80 AP 00017239 02/28/2024 ASSI SECURITY 1,050.00 0.00 1,050.00 AP 00017240 02/28/2024 BAUER COMPRESSORS INC 0.00 3,333.72 3,333.72 AP 00017241 02/28/2024 BEST BEST & KRIEGER LLP 1,530.00 0.00 1,530.00 AP 00017242 02/28/2024 BRIGHTVIEW LANDSCAPE SERVICES INC 80,339.29 0.00 80,339.29 AP 00017243 02/28/2024 BSN SPORTS LLC 1,284.37 0.00 1,284.37 AP 00017244 02/28/2024 CONFIRE JPA 0.00 3,554.99 3,554.99 AP 00017245 02/28/2024 CONSOLIDATED ELECTRICAL DISTR INC 1,418.23 0.00 1,418.23 ***AP 00017246 02/28/2024 DATA TICKET INC 5,821.06 255.00 6,076.06 AP 00017247 02/28/2024 DELTA DENTAL INSURANCE COMPANY 2,586.00 0.00 2,586.00 AP 00017248 02/28/2024 DLR GROUP INC 85,337.50 0.00 85,337.50 AP 00017249 02/28/2024 FEHR & PEERS 2,507.50 0.00 2,507.50 AP 00017250 02/28/2024 GENERATOR SERVICES CO INC 3,038.04 0.00 3,038.04 AP 00017251 02/28/2024 HAAKER EQUIPMENT COMPANY 2,139.67 0.00 2,139.67 AP 00017252 02/28/2024 KEITH, JORRY 60.00 0.00 60.00 ***AP 00017253 02/28/2024 MARIPOSA LANDSCAPES INC 291,547.72 5,658.60 297,206.32 AP 00017254 02/28/2024 MARY MCGRATH ARCHITECTS 0.00 3,000.00 3,000.00 ***AP 00017255 02/28/2024 MERRIMAC PETROLEUM INC 37,752.19 27.90 37,780.09 AP 00017256 02/28/2024 MOFFATT & NICHOL 15,050.69 0.00 15,050.69 ***AP 00017257 02/28/2024 MVATION WORLDWIDE INC 39,343.32 298.98 39,642.30 ***AP 00017258 02/28/2024 NAPA AUTO PARTS 1,606.81 1,751.23 3,358.04 AP 00017259 02/28/2024 NATIONAL UTILITY LOCATORS LLC 1,500.00 0.00 1,500.00 AP 00017260 02/28/2024 NINYO & MOORE 1,265.00 0.00 1,265.00 AP 00017261 02/28/2024 PRIVATE BRAND MFG 2,130.93 0.00 2,130.93 AP 00017262 02/28/2024 PROCURE AMERICA LLC 21,374.79 0.00 21,374.79 AP 00017263 02/28/2024 TINKER GLASS CONTRACTORS INC 1,237.00 0.00 1,237.00 AP 00017264 02/28/2024 YUNEX LLC 109,931.16 0.00 109,931.16 AP 00017265 03/06/2024 ABC LOCKSMITHS INC 571.94 0.00 571.94 AP 00017266 03/06/2024 AIR EXCHANGE INC 0.00 2,330.67 2,330.67 AP 00017267 03/06/2024 ALL CITY MANAGEMENT SERVICES INC 35,349.36 0.00 35,349.36 ***AP 00017268 03/06/2024 AMG & ASSOCIATES INC 237.50 1,349,460.59 1,349,698.09 ***AP 00017269 03/06/2024 BERNELL HYDRAULICS INC 430.88 232.02 662.90 AP 00017270 03/06/2024 BRIGHTVIEW LANDSCAPE SERVICES INC 546.05 0.00 546.05 AP 00017271 03/06/2024 BUREAU VERITAS NORTH AMERICA INC 4,590.00 0.00 4,590.00 AP 00017272 03/06/2024 CALAMP WIRELESS NETWORKS CORP 642.61 0.00 642.61 AP 00017273 03/06/2024 CALIF GOVERNMENT VEBA / RANCHO CUCAMONGA 28,528.10 0.00 28,528.10 AP 00017274 03/06/2024 CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT 2,744.52 0.00 2,744.52 AP 00017275 03/06/2024 CIVIC SOLUTIONS INC 17,022.00 0.00 17,022.00 AP 00017276 03/06/2024 CONSOLIDATED ELECTRICAL DISTR INC 757.99 0.00 757.99 AP 00017277 03/06/2024 CRAFCO INC 1,389.33 0.00 1,389.33 AP 00017278 03/06/2024 DELTA DENTAL OF CALIFORNIA 45,213.14 0.00 45,213.14 AP 00017279 03/06/2024 DIAMOND ENVIRONMENTAL SERVICES 1,753.20 0.00 1,753.20 ***AP 00017280 03/06/2024 DUNN-EDWARDS CORPORATION 446.42 11.77 458.19 AP 00017281 03/06/2024 ELECNOR BELCO ELECTRIC INC 9,991.99 0.00 9,991.99 08:30:14 03/11/2024Current Date:VLOPEZ - Veronica Lopez Page:1 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 2/26/2024 through 3/10/2024 Check No.Check Date Vendor Name City Fire Amount AP 00017282 03/06/2024 FEHR & PEERS 955.00 0.00 955.00 AP 00017283 03/06/2024 HAMPTON LIVING 471.60 0.00 471.60 AP 00017284 03/06/2024 KVL TIRES INC 4,173.17 0.00 4,173.17 AP 00017285 03/06/2024 LIFE-ASSIST INC 0.00 806.51 806.51 AP 00017286 03/06/2024 MARIPOSA LANDSCAPES INC 2,999.22 0.00 2,999.22 AP 00017287 03/06/2024 MERRIMAC PETROLEUM INC 2,732.78 0.00 2,732.78 AP 00017288 03/06/2024 NAPA AUTO PARTS 0.00 530.51 530.51 AP 00017289 03/06/2024 NINYO & MOORE 3,752.50 0.00 3,752.50 AP 00017290 03/06/2024 OTT, SHARON 1,992.00 0.00 1,992.00 AP 00017291 03/06/2024 PROCURE AMERICA LLC 24,264.92 0.00 24,264.92 AP 00017292 03/06/2024 RCCEA 1,411.50 0.00 1,411.50 AP 00017293 03/06/2024 RCPFA 14,136.16 0.00 14,136.16 AP 00017294 03/06/2024 RICHARDS WATSON & GERSHON 2,503.40 0.00 2,503.40 AP 00017295 03/06/2024 SAN BERNARDINO COUNTY SHERIFF'S DEPT 4,132,008.00 0.00 4,132,008.00 AP 00017296 03/06/2024 US DEPARTMENT OF ENERGY 8,663.17 0.00 8,663.17 AP 00017297 03/06/2024 YUNEX LLC 330,171.74 0.00 330,171.74 AP 00443501 02/28/2024 ADOBE ANIMAL HOSPITAL 800.00 0.00 800.00 AP 00443502 02/28/2024 ADVANCED CHEMICAL TRANSPORT INC 1,833.50 0.00 1,833.50 AP 00443503 02/28/2024 AIRGAS USA LLC 2,313.04 0.00 2,313.04 AP 00443504 02/28/2024 ALL STAR ELITE SPORTS 1,667.57 0.00 1,667.57 AP 00443505 02/28/2024 ALTA LAGUNA MOBILE HOME PARK - CA LLC 400.00 0.00 400.00 AP 00443506 02/28/2024 ALTA VISTA MOBILE HOME PARK 292.58 0.00 292.58 AP 00443507 02/28/2024 AMTECH ELEVATOR SERVICES 153.00 0.00 153.00 AP 00443508 02/28/2024 AUFBAU CORPORATION 3,478.15 0.00 3,478.15 AP 00443509 02/28/2024 AUTO & RV SPECIALISTS INC 227.43 0.00 227.43 AP 00443510 02/28/2024 BACKFLOW PARTS USA 1,899.42 0.00 1,899.42 AP 00443511 02/28/2024 BAY ALARM COMPANY 108.00 0.00 108.00 AP 00443512 02/28/2024 BEACON ATHLETICS LLC 443.94 0.00 443.94 AP 00443513 02/28/2024 BEST OUTDOOR POWER INLAND LLC 77.48 0.00 77.48 AP 00443514 02/28/2024 BEST WESTERN HERITAGE INN 30,109.73 0.00 30,109.73 AP 00443515 02/28/2024 BILLS, TRAVIS 0.00 1,163.38 1,163.38 AP 00443516 02/28/2024 BONNER, TANIYA 87.00 0.00 87.00 AP 00443517 02/28/2024 BRAUN BLAISING & WYNNE PC 343.74 0.00 343.74 AP 00443518 02/28/2024 BRODART CO 2,400.00 0.00 2,400.00 AP 00443519 02/28/2024 BURBOTT, NANCY 5.00 0.00 5.00 ***AP 00443524 02/28/2024 C V W D 30,704.55 979.61 31,684.16 AP 00443525 02/28/2024 CALIF UNDERGROUND FAC SAFE EXCAVATION BOARD 48.82 0.00 48.82 AP 00443526 02/28/2024 CALIFORNIA LIBRARY ASSOCIATION 1,250.00 0.00 1,250.00 AP 00443527 02/28/2024 CALIFORNIA STATE CONTROLLER 4,400.00 0.00 4,400.00 AP 00443528 02/28/2024 CARROT-TOP INDUSTRIES INC 1,276.58 0.00 1,276.58 AP 00443529 02/28/2024 CASA VOLANTE ESTATES 600.00 0.00 600.00 AP 00443530 02/28/2024 CFED 0.00 714.00 714.00 AP 00443531 02/28/2024 CHAMPION FIRE SYSTEMS INC 0.00 100.00 100.00 AP 00443532 02/28/2024 CHAPARRAL HEIGHTS MOBILE HOME PARK 300.00 0.00 300.00 ***AP 00443533 02/28/2024 CINTAS CORPORATION 1,251.15 819.99 2,071.14 ***AP 00443534 02/28/2024 CITRUS MOTORS ONTARIO INC 1,380.91 234.27 1,615.18 AP 00443535 02/28/2024 COMEAU, CHAD 0.00 113.90 113.90 08:30:14 03/11/2024Current Date:VLOPEZ - Veronica Lopez Page:2 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 2/26/2024 through 3/10/2024 Check No.Check Date Vendor Name City Fire Amount AP 00443536 02/28/2024 COMPRESSED AIR SPECIALTIES 0.00 5,694.09 5,694.09 AP 00443537 02/28/2024 CORODATA MEDIA STORAGE INC 78.44 0.00 78.44 AP 00443538 02/28/2024 COUNSELING TEAM INTERNATIONAL, THE 0.00 2,375.00 2,375.00 AP 00443539 02/28/2024 DAISYECO INC 471.97 0.00 471.97 AP 00443540 02/28/2024 DANIELS TIRE SERVICE 0.00 7,330.20 7,330.20 AP 00443541 02/28/2024 DAPEER ROSENBLIT & LITVAK LLP 5,105.80 0.00 5,105.80 AP 00443542 02/28/2024 DAWSON PRODUCTIONS LLC 23,437.50 0.00 23,437.50 AP 00443543 02/28/2024 DEPARTMENT OF INDUSTRIAL RELATIONS 225.00 0.00 225.00 AP 00443544 02/28/2024 DEPARTMENT OF JUSTICE 0.00 294.00 294.00 AP 00443545 02/28/2024 DICUS SHERIFF-CORONER, SHANNON D 388.80 0.00 388.80 AP 00443546 02/28/2024 DIRECT LIGHTING MANUFACTURING 4,097.19 0.00 4,097.19 AP 00443547 02/28/2024 EMPLOYMENT DEVELOPMENT DEPT 8,916.00 0.00 8,916.00 AP 00443548 02/28/2024 ENKO SYSTEMS INC 820.00 0.00 820.00 AP 00443549 02/28/2024 EVANS, KEIMARI 24.09 0.00 24.09 AP 00443550 02/28/2024 EWING IRRIGATION PRODUCTS INC 599.67 0.00 599.67 AP 00443551 02/28/2024 EXECUTIVE DETAIL SERVICES 0.00 240.00 240.00 AP 00443552 02/28/2024 EXPRESS BRAKE SUPPLY INC 954.10 0.00 954.10 AP 00443553 02/28/2024 FACTORY MOTOR PARTS 0.00 3,533.87 3,533.87 AP 00443554 02/28/2024 FEDERAL EXPRESS CORP 130.22 0.00 130.22 AP 00443555 02/28/2024 FEDERAL SIGNAL CORPORATION 0.00 2,287.89 2,287.89 AP 00443556 02/28/2024 FIRE APPARATUS SOLUTIONS 0.00 1,470.75 1,470.75 AP 00443557 02/28/2024 FLEETPRIDE 0.00 103.68 103.68 AP 00443558 02/28/2024 FRANKLIN TRUCK PARTS INC 0.00 229.53 229.53 ***AP 00443559 02/28/2024 FRONTIER COMM 1,333.27 672.23 2,005.50 AP 00443560 02/28/2024 FRONTIER COMM 3,907.01 0.00 3,907.01 AP 00443561 02/28/2024 G/M BUSINESS INTERIORS 0.00 161.57 161.57 AP 00443562 02/28/2024 GABEL, SHERYL 20.25 0.00 20.25 AP 00443563 02/28/2024 GLASS, JONATHAN 87.00 0.00 87.00 AP 00443564 02/28/2024 GOLDEN OAKS VET HOSPITAL 1,800.00 0.00 1,800.00 ***AP 00443565 02/28/2024 GRAINGER 2,985.14 1,212.97 4,198.11 AP 00443566 02/28/2024 GRAPHICS FACTORY PRINTING INC 290.93 0.00 290.93 AP 00443567 02/28/2024 GRAYBAR ELECTRIC COMPANY INC 3,677.99 0.00 3,677.99 AP 00443568 02/28/2024 GROVES ON FOOTHILL, THE 200.00 0.00 200.00 AP 00443569 02/28/2024 HARGIN, DEBORAH 16.21 0.00 16.21 ***AP 00443570 02/28/2024 HCI ENVIRONMENTAL & ENGINEERING SVC 1,571.96 2,655.00 4,226.96 AP 00443571 02/28/2024 HI-LINE ELECTRIC COMPANY 833.47 0.00 833.47 AP 00443572 02/28/2024 HILL'S PET NUTRITION SALES INC 514.54 0.00 514.54 AP 00443573 02/28/2024 HOLLIDAY ROCK CO INC 680.98 0.00 680.98 AP 00443574 02/28/2024 HOMETOWN AMERICA - RAMONA VILLA MHP 300.00 0.00 300.00 AP 00443575 02/28/2024 IMAGETREND LLC 0.00 1,698.00 1,698.00 AP 00443576 02/28/2024 INLAND BOBCAT 71,714.28 0.00 71,714.28 AP 00443577 02/28/2024 INLAND VALLEY REPERTORY THEATRE 27,000.00 0.00 27,000.00 AP 00443578 02/28/2024 INTERVET INC 808.13 0.00 808.13 AP 00443579 02/28/2024 INYO NETWORKS INC 11,119.50 0.00 11,119.50 AP 00443580 02/28/2024 JTB SUPPLY COMPANY 40,673.19 0.00 40,673.19 AP 00443581 02/28/2024 KAISER FOUNDATION HEALTH PLAN INC 276,497.65 0.00 276,497.65 AP 00443582 02/28/2024 LN CURTIS & SONS 0.00 2,333.46 2,333.46 08:30:14 03/11/2024Current Date:VLOPEZ - Veronica Lopez Page:3 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 2/26/2024 through 3/10/2024 Check No.Check Date Vendor Name City Fire Amount AP 00443583 02/28/2024 LWDESIGNS LLC 545.00 0.00 545.00 AP 00443584 02/28/2024 MESA ENERGY SYSTEMS INC 19,421.00 0.00 19,421.00 AP 00443585 02/28/2024 MONTGOMERY HARDWARE CO 647.53 0.00 647.53 AP 00443586 02/28/2024 NAUMANN HOBBS MATERIAL HANDLING 98.86 0.00 98.86 AP 00443587 02/28/2024 NESMITH, NIKKEY 46.24 0.00 46.24 AP 00443588 02/28/2024 NUNEZ, CLAUDIA 107.20 0.00 107.20 AP 00443589 02/28/2024 OCCUPATIONAL HEALTH CENTERS OF CA 3,112.00 0.00 3,112.00 ***AP 00443590 02/28/2024 ODP BUSINESS SOLUTIONS LLC 1,887.66 253.14 2,140.80 AP 00443591 02/28/2024 PACIFIC MH CONSTRUCTION INC 2,846.20 0.00 2,846.20 AP 00443592 02/28/2024 PARMER, MICHAEL 29.55 0.00 29.55 AP 00443593 02/28/2024 PARS 3,500.00 0.00 3,500.00 AP 00443594 02/28/2024 PAYMENTUS CORPORATION 1,037.50 0.00 1,037.50 AP 00443595 02/28/2024 PAZMINO, EDGAR P 400.00 0.00 400.00 AP 00443596 02/28/2024 PEOPLES CLUB OF NIGERIA 893.25 0.00 893.25 AP 00443597 02/28/2024 PIP PRINTING 115.29 0.00 115.29 AP 00443598 02/28/2024 PROPS & MEASURES STRATEGIC COMMUNICATIONS 5,500.00 0.00 5,500.00 AP 00443599 02/28/2024 QUADIENT FINANCE USA INC 76.80 0.00 76.80 AP 00443600 02/28/2024 RAUL'S AUTO TRIM INC 450.00 0.00 450.00 AP 00443601 02/28/2024 RBM LOCK & KEY SERVICE 22.76 0.00 22.76 AP 00443602 02/28/2024 SAN BERNARDINO COUNTY REGISTRAR OF VOTERS 437.31 0.00 437.31 AP 00443603 02/28/2024 SAN BERNARDINO COUNTY FIRE CHIEF ASSOC 0.00 162.00 162.00 AP 00443604 02/28/2024 SANDONA, BRIAN 250.00 0.00 250.00 AP 00443605 02/28/2024 SCHWETZ, NICOLAS 38.86 0.00 38.86 AP 00443606 02/28/2024 SCL 0.00 1,278.79 1,278.79 AP 00443607 02/28/2024 SERNA, JOSE 500.00 0.00 500.00 AP 00443608 02/28/2024 SHEAKLEY PENSION ADMINISTRATION 0.00 189.30 189.30 AP 00443609 02/28/2024 SHEAKLEY PENSION ADMINISTRATION 408.55 0.00 408.55 AP 00443610 02/28/2024 SITEONE LANDSCAPE SUPPLY LLC 38.62 0.00 38.62 AP 00443611 02/28/2024 SO CAL SANDBAGS INC 4,893.75 0.00 4,893.75 AP 00443613 02/28/2024 SOCIAL VOCATIONAL SERVICES 4,394.25 0.00 4,394.25 AP 00443614 02/28/2024 SOUTH COAST AQMD 0.00 665.26 665.26 ***AP 00443621 02/28/2024 SOUTHERN CALIFORNIA EDISON 20,447.79 1,265.49 21,713.28 AP 00443622 02/28/2024 STABILIZER SOLUTIONS INC 911.43 0.00 911.43 AP 00443623 02/28/2024 STANDARD INSURANCE COMPANY 2,675.85 0.00 2,675.85 ***AP 00443624 02/28/2024 STANLEY PEST CONTROL 2,080.00 560.00 2,640.00 AP 00443625 02/28/2024 STOTZ EQUIPMENT 2,995.11 0.00 2,995.11 AP 00443626 02/28/2024 SUN BADGE CO 0.00 8,721.67 8,721.67 AP 00443627 02/28/2024 SWANK MOTION PICTURES INC 2,300.00 0.00 2,300.00 AP 00443628 02/28/2024 SYCAMORE VILLA MOBILE HOME PARK 300.00 0.00 300.00 AP 00443629 02/28/2024 THOMPSON PLUMBING SUPPLY INC 304.23 0.00 304.23 AP 00443630 02/28/2024 THOMSON REUTERS - WEST 387.00 0.00 387.00 ***AP 00443631 02/28/2024 TIREHUB LLC 3,326.32 972.18 4,298.50 AP 00443632 02/28/2024 TITAN SOLAR POWER CA INC 86.41 0.00 86.41 AP 00443633 02/28/2024 TOMCO CNG INC 7,520.03 0.00 7,520.03 AP 00443634 02/28/2024 TORRES CREDIT SERVICE INC 40.64 0.00 40.64 AP 00443635 02/28/2024 TRANSWEST TRUCK CENTER LLC 28.44 0.00 28.44 AP 00443636 02/28/2024 TRANSWEST TRUCK CENTER LLC 102,224.33 0.00 102,224.33 08:30:14 03/11/2024Current Date:VLOPEZ - Veronica Lopez Page:4 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 2/26/2024 through 3/10/2024 Check No.Check Date Vendor Name City Fire Amount ***AP 00443637 02/28/2024 TRIDEN GROUP CORP 2,025.00 2,025.00 4,050.00 AP 00443638 02/28/2024 TRUEPOINT SOLUTIONS 2,805.00 0.00 2,805.00 AP 00443639 02/28/2024 TRYFYTT 194.60 0.00 194.60 AP 00443640 02/28/2024 UNDERGROUND SERVICE ALERT/SC 202.50 0.00 202.50 AP 00443641 02/28/2024 UNITED SITE SERVICES OF CA INC 245.80 0.00 245.80 AP 00443642 02/28/2024 UNIVERSAL FLEET SUPPLY 0.00 335.09 335.09 AP 00443643 02/28/2024 UPS 12.92 0.00 12.92 AP 00443644 02/28/2024 VALLES, GABRIEL 78.78 0.00 78.78 AP 00443645 02/28/2024 VALLEY POWER SYSTEMS INC 0.00 305.64 305.64 AP 00443646 02/28/2024 VAN SCOYOC ASSOCIATES INC 4,000.00 0.00 4,000.00 AP 00443647 02/28/2024 VELOCITY TRUCK CENTERS 4,589.27 0.00 4,589.27 AP 00443648 02/28/2024 VERITIV OPERATING COMPANY 202.80 0.00 202.80 AP 00443649 02/28/2024 VOLTAIRE ENGINEERING INC 54,000.23 0.00 54,000.23 AP 00443650 02/28/2024 VULCAN MATERIALS COMPANY 605.78 0.00 605.78 ***AP 00443651 02/28/2024 WALTERS WHOLESALE ELECTRIC CO 696.41 552.13 1,248.54 AP 00443652 02/28/2024 WAXIE SANITARY SUPPLY 4,282.51 0.00 4,282.51 AP 00443653 02/28/2024 WEST COAST ARBORISTS INC 35,721.65 0.00 35,721.65 AP 00443654 02/28/2024 WESTERN STATES ARTS FEDERATION 50.00 0.00 50.00 AP 00443655 02/28/2024 WESTRUX INTERNATIONAL INC 6,204.75 0.00 6,204.75 AP 00443656 02/28/2024 WILSON & BELL AUTO SERVICE 3,296.31 0.00 3,296.31 AP 00443657 02/28/2024 XIBITZ INC 154,586.46 0.00 154,586.46 AP 00443658 02/28/2024 YANG, RUOXI 87.91 0.00 87.91 AP 00443659 02/28/2024 ZOOBEAN INC 3,981.40 0.00 3,981.40 AP 00443660 02/29/2024 GAMBOA, MINERVA 8,940.24 0.00 8,940.24 AP 00443661 03/06/2024 ACE SIGN DESIGN 263.00 0.00 263.00 AP 00443662 03/06/2024 AIRGAS USA LLC 4,591.08 0.00 4,591.08 AP 00443663 03/06/2024 ALPHAGRAPHICS 258.83 0.00 258.83 AP 00443664 03/06/2024 ALVAREZ, MARIA ELENA 648.00 0.00 648.00 AP 00443665 03/06/2024 ANG, GILBERT 2,500.00 0.00 2,500.00 AP 00443666 03/06/2024 AQUABIO ENVIRONMENTAL TECHNOLOGIES INC 1,742.94 0.00 1,742.94 AP 00443667 03/06/2024 AT&T 1,500.00 0.00 1,500.00 AP 00443668 03/06/2024 AT&T 500.00 0.00 500.00 AP 00443669 03/06/2024 AUFBAU CORPORATION 9,755.00 0.00 9,755.00 AP 00443670 03/06/2024 AUTO & RV SPECIALISTS INC 81.27 0.00 81.27 AP 00443671 03/06/2024 BALDE, SADOU 222.30 0.00 222.30 AP 00443672 03/06/2024 BARKSHIRE LASER LEVELING INC 2,100.00 0.00 2,100.00 AP 00443673 03/06/2024 BAST, KAROLYN 567.00 0.00 567.00 AP 00443674 03/06/2024 BAYONA, JACQUELINE 108.41 0.00 108.41 AP 00443675 03/06/2024 BEACON ATHLETICS LLC 3,379.06 0.00 3,379.06 AP 00443676 03/06/2024 BERRYMAN, CHASE 48.00 0.00 48.00 AP 00443677 03/06/2024 BEST OUTDOOR POWER INLAND LLC 90.47 0.00 90.47 AP 00443678 03/06/2024 BOOT BARN INC 2,494.45 0.00 2,494.45 AP 00443679 03/06/2024 BOUCHARD, SHANE 2,319.00 0.00 2,319.00 AP 00443680 03/06/2024 BOURLAND, CAROL JEAN 360.00 0.00 360.00 AP 00443681 03/06/2024 BOYD, PRESTON 72.00 0.00 72.00 AP 00443682 03/06/2024 BPR CONSULTING GROUP LLC 711.75 0.00 711.75 AP 00443683 03/06/2024 BULLOCK, GRACE 150.00 0.00 150.00 08:30:14 03/11/2024Current Date:VLOPEZ - Veronica Lopez Page:5 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 2/26/2024 through 3/10/2024 Check No.Check Date Vendor Name City Fire Amount ***AP 00443684 03/06/2024 C V W D 141.50 330.10 471.60 ***AP 00443687 03/06/2024 C V W D 15,002.55 342.58 15,345.13 AP 00443688 03/06/2024 CAHILL, COLIN 29.25 0.00 29.25 AP 00443689 03/06/2024 CALHOUN, CHRISTINA 225.00 0.00 225.00 AP 00443690 03/06/2024 CALIFORNIA, STATE OF 100.00 0.00 100.00 AP 00443691 03/06/2024 CALIX INC 7,975.00 0.00 7,975.00 AP 00443692 03/06/2024 CalPERS LONG-TERM CARE PROGRAM 221.35 0.00 221.35 AP 00443693 03/06/2024 CAMBRIDGE SEVEN ASSOCIATES INC 19,664.48 0.00 19,664.48 AP 00443694 03/06/2024 CARTY, DIANE 720.00 0.00 720.00 AP 00443695 03/06/2024 CD EQUITIES 516.50 0.00 516.50 AP 00443696 03/06/2024 CHAMPION FIRE SYSTEMS INC 548.16 0.00 548.16 ***AP 00443697 03/06/2024 CHARTER COMMUNICATIONS 4,398.11 6,187.74 10,585.85 AP 00443698 03/06/2024 CHARTER COMMUNICATIONS 1,000.00 0.00 1,000.00 AP 00443699 03/06/2024 CHO, SEONG HOO 1,181.00 0.00 1,181.00 ***AP 00443700 03/06/2024 CINTAS CORPORATION 2,043.83 418.11 2,461.94 ***AP 00443701 03/06/2024 CITIZENS BUSINESS BANK 12.50 71,024.24 71,036.74 AP 00443702 03/06/2024 CITRUS MOTORS ONTARIO INC 548.88 0.00 548.88 AP 00443703 03/06/2024 CLARK, KAREN 1,008.00 0.00 1,008.00 AP 00443704 03/06/2024 CLIMATEC LLC 2,922.00 0.00 2,922.00 AP 00443705 03/06/2024 COAST FITNESS REPAIR SHOP 600.00 0.00 600.00 AP 00443706 03/06/2024 CORREA, LUDGE 94.55 0.00 94.55 AP 00443707 03/06/2024 D & K CONCRETE COMPANY 2,809.26 0.00 2,809.26 AP 00443708 03/06/2024 DANCE TERRIFIC 207.90 0.00 207.90 AP 00443709 03/06/2024 DEMCO INC 131.63 0.00 131.63 AP 00443710 03/06/2024 DEPARTMENT OF HOUSING & COMMUNITY DVMT 16,710.00 0.00 16,710.00 AP 00443711 03/06/2024 DEPARTMENT OF INDUSTRIAL RELATIONS 225.00 0.00 225.00 AP 00443712 03/06/2024 DEPENDABLE COMPANY INC 60.00 0.00 60.00 AP 00443713 03/06/2024 DICUS SHERIFF-CORONER, SHANNON D 940.80 0.00 940.80 AP 00443714 03/06/2024 DOLLARHIDE, GINGER 469.20 0.00 469.20 ***AP 00443715 03/06/2024 DUDEK 10,592.40 1,043.75 11,636.15 AP 00443716 03/06/2024 EBERHARD EQUIPMENT 58,077.25 0.00 58,077.25 AP 00443717 03/06/2024 ELSALANTY, MOHAMMED 3.36 0.00 3.36 AP 00443718 03/06/2024 EMERGENCY MEDICAL PRODUCTS 0.00 6,602.51 6,602.51 AP 00443719 03/06/2024 ENVIRONMENT PLANNING DVMT SOLUTIONS 0.00 6,134.50 6,134.50 AP 00443720 03/06/2024 EXPRESS BRAKE SUPPLY INC 1,487.95 0.00 1,487.95 AP 00443721 03/06/2024 FERGUSON ENTERPRISES LLC #1350 92.58 0.00 92.58 AP 00443722 03/06/2024 FIALLOS, WILSON 2,220.00 0.00 2,220.00 AP 00443723 03/06/2024 FLEETPRIDE 0.00 3,086.14 3,086.14 AP 00443724 03/06/2024 FLETCHER, RICHARD 1,579.32 0.00 1,579.32 AP 00443725 03/06/2024 FREEMAN, DAVID 200.00 0.00 200.00 AP 00443726 03/06/2024 FROST, THERESA 1,500.00 0.00 1,500.00 ***AP 00443727 03/06/2024 FUEL SERV 750.00 1,214.90 1,964.90 ***AP 00443728 03/06/2024 G/M BUSINESS INTERIORS 1,658.70 9,744.92 11,403.62 AP 00443729 03/06/2024 GIORDANO, MARIANNA 63.00 0.00 63.00 ***AP 00443730 03/06/2024 GRAINGER -0.77 73.25 72.48 AP 00443731 03/06/2024 GRAPHICS FACTORY PRINTING INC 156.24 0.00 156.24 AP 00443732 03/06/2024 GRAYBAR ELECTRIC COMPANY INC 667.64 0.00 667.64 08:30:14 03/11/2024Current Date:VLOPEZ - Veronica Lopez Page:6 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 22 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 2/26/2024 through 3/10/2024 Check No.Check Date Vendor Name City Fire Amount AP 00443733 03/06/2024 GREEN COMFORT 437.50 0.00 437.50 AP 00443734 03/06/2024 HAINES, HUNTER 89.88 0.00 89.88 AP 00443735 03/06/2024 HAPPYORNOT AMERICAS INC 142.22 0.00 142.22 AP 00443736 03/06/2024 HI-TEK ELECTRIC INC 162.64 0.00 162.64 AP 00443737 03/06/2024 HI-WAY SAFETY INC 68,938.45 0.00 68,938.45 AP 00443738 03/06/2024 HOLLIDAY ROCK CO INC 2,766.88 0.00 2,766.88 AP 00443739 03/06/2024 HOSE-MAN INC 0.00 296.80 296.80 AP 00443740 03/06/2024 HSU, JESSICA 155.41 0.00 155.41 AP 00443741 03/06/2024 HUNT-GRACIA, JENNIFER 641.25 0.00 641.25 AP 00443742 03/06/2024 INLAND VALLEY DANCE ACADEMY 456.00 0.00 456.00 AP 00443743 03/06/2024 ITERIS INC 3,439.13 0.00 3,439.13 AP 00443744 03/06/2024 K-K WOODWORKING 107.69 0.00 107.69 AP 00443745 03/06/2024 KINETIC LIGHTING INC 2,800.00 0.00 2,800.00 AP 00443746 03/06/2024 LEMONDROP SOLAR 67.86 0.00 67.86 AP 00443747 03/06/2024 LI, HONGMEI 189.00 0.00 189.00 AP 00443748 03/06/2024 LITTLE, MARC 1,143.00 0.00 1,143.00 AP 00443749 03/06/2024 LOS ANGELES SOLAR PROS 67.86 0.00 67.86 AP 00443750 03/06/2024 LWDESIGNS LLC 400.00 0.00 400.00 AP 00443751 03/06/2024 MAGELLAN ADVISORS LLC 3,562.50 0.00 3,562.50 AP 00443752 03/06/2024 MAGGIO, ROBERT 241.64 0.00 241.64 AP 00443753 03/06/2024 MCI 35.46 0.00 35.46 AP 00443754 03/06/2024 MERENDA, HANK 211.68 0.00 211.68 AP 00443755 03/06/2024 MESA ENERGY SYSTEMS INC 24,010.00 0.00 24,010.00 AP 00443756 03/06/2024 MORALES, ROBERT 66.00 0.00 66.00 AP 00443757 03/06/2024 MOTIVE ENERGY LLC 3,550.97 0.00 3,550.97 AP 00443758 03/06/2024 MUSIC TREE 1,287.00 0.00 1,287.00 AP 00443759 03/06/2024 NATIONAL CNG & FLEET SERVICE 503.92 0.00 503.92 AP 00443760 03/06/2024 NAUMANN HOBBS MATERIAL HANDLING 2,653.55 0.00 2,653.55 AP 00443761 03/06/2024 NEWMAN, PHIL 18.00 0.00 18.00 AP 00443762 03/06/2024 NUNEZ, FLAVIO 37.42 0.00 37.42 ***AP 00443763 03/06/2024 ODP BUSINESS SOLUTIONS LLC 3,881.73 187.91 4,069.64 AP 00443764 03/06/2024 ONTARIO ICE SKATING CENTER 1,232.00 0.00 1,232.00 AP 00443765 03/06/2024 PACIFIC UTILITY INSTALLATION INC 20,641.28 0.00 20,641.28 AP 00443766 03/06/2024 PALMS TO PINES PARASPORTS 90.00 0.00 90.00 AP 00443767 03/06/2024 PARKHOUSE TIRE INC 187.20 0.00 187.20 AP 00443768 03/06/2024 PELL SOLAR INC 62.00 0.00 62.00 AP 00443769 03/06/2024 PIONEER MANUFACTURING COMPANY 4,466.71 0.00 4,466.71 AP 00443770 03/06/2024 PRE-PAID LEGAL SERVICES INC 210.88 0.00 210.88 AP 00443771 03/06/2024 PRO-WEST & ASSOCIATES INC 2,342.54 0.00 2,342.54 AP 00443772 03/06/2024 PUMPMAN LLC 1,020.00 0.00 1,020.00 AP 00443773 03/06/2024 RAUL'S AUTO TRIM INC 0.00 3,410.00 3,410.00 AP 00443774 03/06/2024 RBM LOCK & KEY SERVICE 55.73 0.00 55.73 AP 00443775 03/06/2024 REMBERT, RUTH 8.60 0.00 8.60 AP 00443776 03/06/2024 RUBEN'S AUTO COLLISION CENTER INC 469.48 0.00 469.48 AP 00443777 03/06/2024 SAMPLE, NANCY L 216.00 0.00 216.00 AP 00443778 03/06/2024 SAN BERNARDINO COUNTY 19.00 0.00 19.00 AP 00443779 03/06/2024 SAN BERNARDINO COUNTY 19.00 0.00 19.00 08:30:14 03/11/2024Current Date:VLOPEZ - Veronica Lopez Page:7 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 23 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 2/26/2024 through 3/10/2024 Check No.Check Date Vendor Name City Fire Amount AP 00443780 03/06/2024 SAN BERNARDINO COUNTY 19.00 0.00 19.00 AP 00443781 03/06/2024 SAN BERNARDINO COUNTY 19.00 0.00 19.00 AP 00443782 03/06/2024 SAN BERNARDINO COUNTY 19.00 0.00 19.00 AP 00443783 03/06/2024 SAN BERNARDINO COUNTY 19.00 0.00 19.00 AP 00443784 03/06/2024 SAN BERNARDINO COUNTY 19.00 0.00 19.00 AP 00443785 03/06/2024 SAN BERNARDINO COUNTY 15,216.72 0.00 15,216.72 AP 00443786 03/06/2024 SAN BERNARDINO COUNTY CLERK 0.00 50.00 50.00 AP 00443787 03/06/2024 SAN BERNARDINO COUNTY 0.00 60.00 60.00 AP 00443788 03/06/2024 SAN BERNARDINO COUNTY TRANSPORTATION 146,847.50 0.00 146,847.50 AP 00443789 03/06/2024 SAN BERNARDINO COUNTY SHERIFFS DEPT 1,065.82 0.00 1,065.82 AP 00443790 03/06/2024 SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT 1,150.00 0.00 1,150.00 AP 00443791 03/06/2024 SBPEA 2,541.71 0.00 2,541.71 AP 00443792 03/06/2024 SCHAFER, KAREN 500.00 0.00 500.00 AP 00443793 03/06/2024 SCOTT MCLEOD PLUMBING INC 7,224.27 0.00 7,224.27 AP 00443794 03/06/2024 SIGURDSON, JADE MICHAEL ANNE 480.00 0.00 480.00 AP 00443795 03/06/2024 SITEONE LANDSCAPE SUPPLY LLC 381.28 0.00 381.28 AP 00443796 03/06/2024 SOCA ARTS 2,318.40 0.00 2,318.40 AP 00443798 03/06/2024 SOUND IMAGE INC 19,999.99 0.00 19,999.99 ***AP 00443800 03/06/2024 SOUTHERN CALIFORNIA EDISON 13,381.30 134.04 13,515.34 AP 00443801 03/06/2024 SOUTHERN CALIFORNIA EDISON 735.60 0.00 735.60 ***AP 00443802 03/06/2024 STANLEY PEST CONTROL 70.00 250.00 320.00 AP 00443803 03/06/2024 STREET TREE SEMINAR INC 1,375.00 0.00 1,375.00 AP 00443804 03/06/2024 SUNPOWER CORPORATION 135.72 0.00 135.72 AP 00443805 03/06/2024 THOMAS, SHEILA 1,004.00 0.00 1,004.00 AP 00443806 03/06/2024 THOMPSON PLUMBING SUPPLY INC 0.00 1,111.70 1,111.70 AP 00443807 03/06/2024 TIEU, LAN 27.35 0.00 27.35 AP 00443808 03/06/2024 TORO TOWING 100.00 0.00 100.00 AP 00443813 03/06/2024 UNITED RENTALS NORTH AMERICA INC 2,243.99 0.00 2,243.99 AP 00443814 03/06/2024 UNITED SITE SERVICES OF CA INC 610.58 0.00 610.58 ***AP 00443815 03/06/2024 UPS 395.68 21.00 416.68 AP 00443816 03/06/2024 VELOCITY TRUCK CENTERS 0.00 1,666.74 1,666.74 AP 00443817 03/06/2024 VELOCITY TRUCK CENTERS 509.11 0.00 509.11 AP 00443818 03/06/2024 VERIZON WIRELESS - LA 0.00 4,754.81 4,754.81 AP 00443819 03/06/2024 VULCAN MATERIALS COMPANY 281.71 0.00 281.71 AP 00443820 03/06/2024 WANG, JIAYI 1,181.00 0.00 1,181.00 AP 00443821 03/06/2024 WAXIE SANITARY SUPPLY 2,025.12 0.00 2,025.12 AP 00443822 03/06/2024 WESTBOUND COMMUNICATIONS INC 52,041.89 0.00 52,041.89 AP 00443823 03/06/2024 WESTRUX INTERNATIONAL INC 350.77 0.00 350.77 AP 00443824 03/06/2024 WILEY, JEFF 1,200.00 0.00 1,200.00 AP 00443825 03/06/2024 WILLDAN GROUP 5,000.00 0.00 5,000.00 AP 00443826 03/06/2024 WILSON & BELL AUTO SERVICE 9,411.44 0.00 9,411.44 ***AP 00443827 03/06/2024 WISECOM TECHNOLOGIES INC 84,079.13 84,079.12 168,158.25 AP 00443828 03/06/2024 WT CONSTRUCTION SERVICES INC 17,938.87 0.00 17,938.87 AP 00443829 03/06/2024 YBARRA, RYAN 526.00 0.00 526.00 AP 00443830 03/07/2024 INTERNATIONAL LINE BUILDERS INC 16,580.18 0.00 16,580.18 AP 00443831 03/07/2024 TORTI GALLAS & PARTNERS INC 4,607.43 0.00 4,607.43 AP 00443832 03/07/2024 TRYFYTT 681.00 0.00 681.00 08:30:14 03/11/2024Current Date:VLOPEZ - Veronica Lopez Page:8 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 24 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 2/26/2024 through 3/10/2024 Check No.Check Date Vendor Name City Fire Amount AP 00443833 03/07/2024 TUKUA, SHAWN 0.00 200.00 200.00 AP 00443834 03/07/2024 TYUS, IDA 518.16 0.00 518.16 $7,248,394.64 $8,885,352.87 $1,636,958.23 Note: Grand Total: Total Fire: Total City: *** Check Number includes both City and Fire District expenditures 08:30:14 03/11/2024Current Date:VLOPEZ - Veronica Lopez Page:9 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 25 DATE:March 20, 2024 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 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 $37,052.69 Dated February 26, 2024, through March 10, 2024. (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 $32,223.87 and $4,828.82 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 26 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT So Calif Gas Company Only. AND CITY OF RANCHO CUCAMONGA 2/26/2024 through 3/10/2024 Check No.Check Date Vendor Name City Fire Amount ***AP 00443612 02/28/2024 SOCAL GAS 30,563.06 4,828.82 35,391.88 AP 00443797 03/06/2024 SOCAL GAS 1,660.81 0.00 1,660.81 $32,223.87 $37,052.69 $4,828.82 Note: Grand Total: Total Fire: Total City: *** Check Number includes both City and Fire District expenditures 08:36:11 03/11/2024Current Date:VLOPEZ - Veronica Lopez Page:1 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 27 DATE:March 20, 2024 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 Noah Daniels, Finance Director Hiram Zavala, Management Analyst II SUBJECT:Consideration to Receive and File Current Investment Schedules as of February 29, 2024, 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 February 29, 2024. BACKGROUND: The attached investment schedules as of February 29, 2024, 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 22, 2023. 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 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 Page 61 Page 62 Page 63 Page 64 Page 65 Page 66 Page 67 Page 68 Trustee and/or Purchase Maturity Cost Bond Issue/Description Paying Agent Account Name Trust Account #Fund Investment Date Date*Yield Value CFD 2003-01 Improvement Area 1 (2013) Wells Fargo Reserve Fund 46571801 865 Money Market Fund 9/1/2013 N/A 0.01% 1,417,000.00$ Agency Project 46571807 864 Money Market Fund 9/1/2013 N/A 0.01% 82,812.92$ Cultural Center Fund 46571808 864 Money Market Fund 9/1/2013 N/A 0.01% 204,174.48$ Bond Fund 46571800 864 Money Market Fund 9/1/2013 N/A 0.01% 259,840.63$ Developer Project 46571806 864 Money Market Fund 9/1/2013 N/A 0.01% 104,397.24$ Special Tax 46571805 864 Money Market Fund 9/1/2013 N/A 0.01% 35,663.78$ 2,103,889.05$ CFD 2003-01 Improvement Area 2 (2013) Wells Fargo Bond Fund 46659800 866 Money Market Fund 12/1/2013 N/A 0.01% 41,246.70$ Reserve Fund 46659801 867 Money Market Fund 12/1/2013 N/A 0.01% 132,473.70$ Special Tax Fund 46659805 866 Money Market Fund 12/1/2013 N/A 0.01% 3,340.22$ 177,060.62$ CFD No 2004-01 Rancho Etiwanda Series Wells Fargo Admin Expense Fund 48436802 Money Market Fund N/A 0.01% -$ Bond Fund 48436800 820 Money Market Fund N/A 0.01% 489,930.00 Reserve Fund 48436801 821 Money Market Fund N/A 0.01% 1,186,303.00 Special Tax Fund 48436807 820 Money Market Fund N/A 29,947.55 Project Fund 48436809 820 Money Market Fund N/A 47,872.00 1,754,052.55$ 2014 Rancho Summit Wells Fargo Cost of Issuance Fund 48709906 Money Market Fund N/A -$ Bond Fund 48709900 858 Money Market Fund N/A 93,892.50 Reserve Fund 48709901 859 Money Market Fund N/A 259,477.00 Sepcial Tax Fund 48709907 858 Money Market Fund N/A 6,545.82 Rebate Fund 48709908 Money Market Fund N/A - Redemption Fund 48709903 Money Market Fund N/A - Prepayment Fund 48709904 Money Market Fund N/A - 359,915.32$ CFD No. 2000-01 South Etiwanda Union Bank Rancho Cucamonga 2015 CFD2000-1 AGY 6712140200 7/30/2015 N/A -$ Special Tax Fund 6712140201 852 Money Market Fund 7/30/2015 N/A 1.63 Bond Fund 6712140202 852 Money Market Fund 7/30/2015 N/A 1,510.03 Prepayment Fund 6712140203 Money Market Fund 7/30/2015 N/A - Reserve Fund 6712140204 853 Money Market Fund 7/30/2015 N/A 0.00% 23,931.54 25,443.20$ CFD No. 2000-02 Rancho Cucamonga Corporate Park Union Bank Rancho Cucamonga 2015 CFD2000-2 AGY 6712140300 Money Market Fund 7/30/2015 N/A -$ Special Tax Fund 6712140301 856 Money Market Fund 7/30/2015 N/A 5.82$ Bond Fund 6712140302 856 Money Market Fund 7/30/2015 N/A 15,359.48$ Prepayment Fund 6712140303 Money Market Fund 7/30/2015 N/A -$ Reserve Fund 6712140304 857 Money Market Fund 7/30/2015 N/A 0.00% 219,749.35 235,114.65$ CFD No. 2001-01 IA 1&2, Series A Union Bank Rancho Cucamonga 2015 CFD2001-1 AGY 6712140400 Money Market Fund 7/30/2015 N/A -$ Special Tax Fund 6712140401 860 Money Market Fund 7/30/2015 N/A 21.78 Bond Fund 6712140402 860 Money Market Fund 7/30/2015 N/A 73,541.16 City of Rancho Cucamonga Summary of Cash and Investments with Fiscal Agents For the Month Ended 2/29/2024 I:\FINANCE\SALINA\Fiscal Agent Stmts\FY 2023-24\_Fiscal Agent Statements Workbook 23-24.xlsx Summary Report Page 1 Page 69 Trustee and/or Purchase Maturity Cost Bond Issue/Description Paying Agent Account Name Trust Account #Fund Investment Date Date*Yield Value City of Rancho Cucamonga Summary of Cash and Investments with Fiscal Agents For the Month Ended 2/29/2024 Prepayment Fund 6712140403 Money Market Fund 7/30/2015 N/A - Reserve Fund 6712140404 861 Money Market Fund 7/30/2015 N/A 0.00% 319,302.69 392,865.63$ CFD No. 2001-01 IA3, Series B Union Bank Rancho Cucamonga 2015 CFD2001-1 AGY 6712140500 Money Market Fund 7/30/2015 N/A -$ Special Tax Fund 6712140501 862 Money Market Fund 7/30/2015 N/A 2.11 Bond Fund 6712140502 862 Money Market Fund 7/30/2015 N/A 7,118.03 Prepayment Fund 6712140503 Money Market Fund 7/30/2015 N/A - Reserve Fund 6712140504 863 Money Market Fund 7/30/2015 N/A 0.00% 31,000.80 38,120.94$ CFD No. 2006-01 Vintner's Grove Union Bank Rancho Cucamonga 2015 CFD2006-1 AGY 6712140600 Money Market Fund 7/30/2015 N/A -$ Special Tax Fund 6712140601 869 Money Market Fund 7/30/2015 N/A 15.06 Bond Fund 6712140602 869 Money Market Fund 7/30/2015 N/A 52,803.51 Prepayment Fund 6712140603 Money Market Fund 7/30/2015 N/A - Reserve Fund 6712140604 870 Money Market Fund 7/30/2015 N/A 0.00% 136,039.68 188,858.25$ CFD No. 2006-02 Amador on Rt. 66 Union Bank Rancho Cucamonga 2015 CFD2006-2 AGY 6712140700 Money Market Fund 7/30/2015 N/A -$ Special Tax Fund 6712140701 871 Money Market Fund 7/30/2015 N/A 8.93 Bond Fund 6712140702 871 Money Market Fund 7/30/2015 N/A 31,282.28 Prepayment Fund 6712140703 Money Market Fund 7/30/2015 N/A - Reserve Fund 6712140704 872 Money Market Fund 7/30/2015 N/A 0.00% 82,347.20 113,638.41$ TOTAL CASH AND INVESTMENTS WITH FISCAL AGENTS 5,388,958.62$ * 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\FY 2023-24\_Fiscal Agent Statements Workbook 23-24.xlsx Summary Report Page 2 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 Page 91 Page 92 Page 93 Page 94 Page 95 Page 96 Page 97 Page 98 Page 99 Page 100 Page 101 Page 102 Page 103 Page 104 DATE:March 20, 2024 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Noah Daniels, Finance Director Kelly Guerra, Special Districts Analyst SUBJECT:Consideration of the City Council to Reappoint and Update the Term of Committee Members to the Community Parks and Landscape Citizens' Oversight Committee. (CITY) RECOMMENDATION: Staff recommends that the City Council approve and reappoint Velma Gilbert to the Community Parks and Landscape Citizens' Oversight Committee and approve the update of Denise Garzaro's term date to align with two other committee member terms. BACKGROUND: On August 7, 2019, the City Council adopted Resolution 19-075, establishing the Community Parks and Landscape Citizens' Oversight Committee (the "Committee"). The purpose of the Committee is to review the annual financial audits of certain districts to provide oversight of the revenues and to communicate with property owners regarding how their community parks and landscaping are maintained and funded. Per the Resolution, a City Council Subcommittee recommends that committee members be appointed to the City Council. Appointed committee members serve four-year terms. One Committee Member's term is expiring on April 1, 2024, and another Committee Member's is updating the term date to align with other Committee Member's terms expiring on April 6, 2026. ANALYSIS: On February 26, 2024, the City Clerk's advertised a Notice of Upcoming Vacancies for the Committee, open until March 7, 2024. The City Clerk only received an application from existing Committee Member Velma Gilbert. As stated, no other applications responded to the solicitation by the close of the application period. Since there were no new applicants and the existing Committee Member has expressed her desire to continue serving, it is recommended that the City Council reappoint the applicant to the Committee. The City Council Subcommittee did not formally interview the applicant as she is an existing member, is already aware of her roles and responsibilities on the Committee, and has served the community's best interest. On August 1, 2022, Committee Member Denise Garzaro was reappointed. At that time, her term was extended to August 2026; however, in the same year, two other Committee Members' terms expire in April 2026, and it would be ideal to align all three Committee Members to the same date. Page 105 Page 2 2 2 5 4 City staff has reached out to Committee Member Denise Garzaro, and she is agreeable to the change in her term date. In summary, with the recommendations above, the Committee Members will serve the Committee for the following terms: •Velma Gilbert, April 1, 2024, to August 31, 2027 •Denise Garzaro, August 1, 2022, to April 6, 2026 FISCAL IMPACT: There is no fiscal impact. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This item supports the City Council's value of working cooperatively with all stakeholders by appointing citizens of the City who wish to serve and improve their community on the Committee. ATTACHMENTS: None Page 106 DATE:March 20, 2024 TO:President and Members of the Board of Directors FROM:John R. Gillison, City Manager INITIATED BY:Mike McCliman, Fire Chief Ty Harris, Deputy Fire Chief Darci Vogel, Fire Business Manager Ruth Cain, Procurement Manager SUBJECT:Consideration of the Purchase of Two Type-3 Brush Fire Engines Utilizing Department of General Services State of California Statewide Contract 1- 22-23-21B with Boise Mobile Equipment Fire Trucks, LLC in the Amount of $899,120. (FIRE) RECOMMENDATION: Staff recommends the Fire Board authorize the purchase of two (2) Type-3 Brush Engines utilizing Department of General Services (“DGS”) State of California Statewide Contract 1-22-23-21B awarded to Boise Mobile Equipment (“BME”) Fire Trucks, LLC in the amount of $899,120. BACKGROUND: As part of the annual budget preparation process, the Fire District reviews the current vehicle and apparatus inventory list and identifies those units’ needing replacement. This evaluation considers the mileage, current age and actual years of operation compared to expected years, mechanical condition, and repair history. Per the 2016 edition of the National Fire Protection Association Standard for Automotive Fire Apparatus (NFPA) 1901 “Standard for Automotive Apparatus” guidelines, to maximize firefighting capabilities and minimize risk of injuries, it is important that fire apparatus be equipped with the latest safety features and operating capabilities. In the last 10 to 15 years much progress has been made in upgrading functional capabilities and improving the safety features of fire apparatus. NFPA 1901 recommends apparatus more than 15 years old be placed in reserve status and removed within 25 years. A fire apparatus is an emergency vehicle that must be relied on to transport firefighters safely to and from an incident and to operate reliably and properly to support the mission of the Fire District. A piece of fire apparatus that breaks down at any time during an emergency operation not only compromises the success of the operation but might jeopardize the safety of the firefighters. Beginning in FY 2021-22, the Fire District began implementation of a 10-year apparatus replacement plan. The replacement plan identified the need to purchase a Type-1 Fire Engine every fiscal year over the next 10 years due to the aging fleet. Subsequently, the Fire District purchased a Type-1 Engine in both FY 2021-22 and 2022-23 and budgeted to purchase another in current FY 2023-24. Page 107 Page 2 2 1 7 6 The 10-year apparatus replacement plan also identified the need to replace the Fire District’s two Type-3 Brush Engines (102-08 & 91-06) which are 16 and 18 years old. These units have a number of maintenance issues and are 2-wheel drive which limits their ability to respond to areas with rough terrain. To delay the need to purchase new Type-3 Brush Engines, the Fire District entered into agreements with the California Office of Emergency Services (OES) in 2015 for a Type-3 4x4 Brush Engine and again in 2022 for a Type-6 4x4 Brush Engine. This has been very successful in extending the life of the Fire District’s wildland fleet; however, replacement can no longer be delayed due to the age, increase in maintenance issues (cost and ability to get parts), and downtime of the Fire District’s current Type-3 Brush Engines. ANALYSIS: The Fire District has made significant progress in the replacement of Type-1 Engines. Medic Engine 171 was placed into service at the Amethyst Fire Station in April of 2022. Medic Engine 178, the Fire District’s first Type-1 Electric Engine, will be placed into service in March 2024. Lastly, the Fire District has two additional Type-1 Fire Engines in the build process with a projected delivery in early 2025. The Fire District anticipated replacing the Type-3 Brush Engines in FY 2024-25. However, due to the progress in the replacement of Type-1 Engines, as well as the increasing number of maintenance issues impacting use of the current Type-3 Brush Engines, staff recommends reallocating the current FY 2023-24 funding from the replacement of one (1) Type-1 Engine to the replacement of two (2) Type-3 Brush Engines. Due to this reallocation of funds, replacement of the one (1) Type-1 Engine will now be included in the Fire District’s FY 2024-25 budget requests. Staff recommends utilizing DGS State of California Statewide Contract 1-22-23-21B awarded to BME Fire Trucks, LLC for the recommended purchase of the two (2) Type-3 Brush Engines. Per the City of Rancho Cucamonga’s Municipal Code (RCMC), Section 3.08.070, the City may award contracts when the purchase is beneficial to the interest of the City and is from a supplier who has been awarded a specific item or items in a contract resulting from a formal competitive bid process by another governmental agency within the State of California or by the federal government within the last year. DGS State of California Statewide Contract 1-22-23-21B is a competitively bid and awarded contract for the procurement of wildland engines. Procurement has reviewed the DGS bid documents and contract and is satisfied that the solicitation process and terms meet the Fire District and City's requirements. The Fire District’s Apparatus Committee thoroughly reviewed the RFP specifications and determined that they were consistent with the Fire District’s requirements for a Type-3 Brush Engine. Staff recommends that the Fire Board authorize the purchase of two (2) Type-3 Brush Engines in the amount of $899,120 from BME Fire Trucks, LLC utilizing the DGS State of California Statewide Contract 1-22-23-21B. FISCAL IMPACT: The purchase of one (1) Type-1 Engine was approved in the FY 2023-24 budget. A total of $1,000,000 is allocated in the Fire Protection Capital Fund under account 3288501-5604 (Capital Outlay-Vehicles). Staff recommends reallocating this funding to purchase two (2) Type-3 Brush Engines for a total purchase price of $899,120. This will result in a savings of $100,880 for the current fiscal year. Page 108 Page 3 2 1 7 6 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 first responders have the resources necessary to respond effectively during emergency situations. ATTACHMENTS: None. Page 109 DATE:March 20, 2024 TO:Mayor and Members of the City Council President and Members of the Board of Directors FROM:John R. Gillison, City Manager INITIATED BY:Micah Martin, Public Works Services Director Mike McCliman, Fire Chief Ruth Cain, Procurement Manager Andrea Bauer, Management Analyst II SUBJECT:Consideration of a Professional Services Agreement with PumpMan SoCal for Routine Maintenance of Pumping Systems in an Amount Not to Exceed $50,000 Annually. (CITY/FIRE) RECOMMENDATION: Staff recommends the City Council and Fire Board of the Rancho Cucamonga Fire Protection District award and authorize the execution of a Professional Services Agreement (PSA) with PumpMan SoCal to provide routine maintenance of pumping systems effective through June 30, 2025, with an option to renew in one (1) year increments up to a total of six (6) additional years, in an amount not to exceed $50,000 annually and $350,000 over the duration of the seven-year contract. BACKGROUND: The Public Works Services Department (PWSD), the Rancho Cucamonga Fire Protection District (RCFPD), and the Procurement Division routinely issue requests for proposals to ensure vendor services remain competitive. Public Works staff drafted a detailed scope of work to solicit bids for routine maintenance and repair services for irrigation booster pumps, sump pumps, and other various pumps for City and Fire District facilities and landscapes. Previously, a contract was obtained through an open market bid process with a not to exceed limit of $20,000 for as-needed services. Typically, these services were utilized in an on-call capacity however, due to increasing costs and a need for continual routine maintenance, PWSD solicited bids through a Request for Proposals (RFP) process to increase the spending limit and provide the appropriate level of service. This will assist the PWSD in reducing costly repairs and extend the useful life of our equipment through a routine, preventative maintenance program. PWSD provided the scope of work to the Procurement Division to prepare a formal Request for Proposal (RFP). The Procurement Division prepared and posted RFP #23/24-002 to the City’s automated procurement system. One hundred fifty-five (155) vendors were notified of the solicitation, twenty-four (24) prospective vendors downloaded or viewed the bid package, and only one (1) vendor response was received and was considered non-responsive by the City’s Procurement Division. After vendor outreach was conducted, RFP #23/24-004 was reposted and one hundred fifty-four (154) vendors were notified of the solicitation, twenty (20) prospective vendors downloaded or viewed the bid package, and three (3) responses were received. Page 110 Page 2 2 2 6 5 ANALYSIS: An Evaluation Committee consisting of City staff conducted a thorough analysis of the RFP responses and scored and ranked the responsive proposals in accordance with the criteria specified in the RFP. The outcome of the evaluation process determined PumpMan SoCal to be the most responsive vendor providing the best value while meeting the scope of services and specifications required. Therefore, staff recommends the City Council and Board of Directors award a contract to PumpMan SoCal through June 30, 2025 and an option to renew in one (1) year increments in an amount not to exceed $50,000 annually and $350,000 over the duration of the seven-year contract. The annual cost for a contract with PumpMan SoCal includes biannual preventative scheduled maintenance to various City and Fire District pumps. If approved, a copy of the executed contract will be on file in the City Clerk’s Office. FISCAL IMPACT: This contract price is within the proposed amended budget contract services line items in various Landscape Maintenance District accounts for irrigation booster pump repairs and various General Fund accounts for facility sump pump maintenance. Funding Source ACCOUNT FUND AMOUNT 1001312-5304 General Fund - Facilities $18,730 1001318-5300 General Fund - Streets $5,000 1700312-5304 General Fund - Sports Complex $2,500 3281529-5304 Fire Fund - Fire Facilities $2,500 1131303-5300 LMD 2 Victoria $500 1133320-5300 LMD 3 - MetroLink (Parks)$1,650 1133320-5304 LMD 3 - MetroLink (Facilities)$2,000 1134303-5300 LMD 4 Terra Vista $3,850 1137303-5300 LMD 7 North Etiwanda $2,750 1140303-5300 LMD 10 Rancho Etiwanda $1,650 1848321-5300 Red Hill Lake Maintenance $1,650 15% Contingency $6,420 Total:$49,200 The contract spending limit includes a 15% contingency in the amount of $6,420 to cover unforeseen repairs. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item addresses City Council’s core values of promoting and enhancing a safe and healthy community for all by ensuring City and Fire District facilities and landscapes are properly maintained. ATTACHMENTS: None. Page 111 DATE:March 20, 2024 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Wess Garcia, Library Director Jennifer Gracia, Community Services Director Noah Daniels, Finance Director Margo Mullen, Head of Museum Services Cristina Gorka, Management Analyst SUBJECT:Consideration to Approve a Master Services Agreement with Bluefin Payment Systems LLC for Gateway Encryption Services in the Amount of $9,100 Plus a 10% Contingency for the Lewis Family Playhouse and Randall Lewis Second Story and Beyond® Services. (CITY) RECOMMENDATION: Staff recommends the City Council: 1. Approve the Master Services Agreement for Bluefin Payment Systems LLC for gateway encryption services for a three (3) year contract with the option to renew on a one (1) year basis in an amount not to exceed $10,010 ($9,100 + 10% contingency) annually. 2. Authorize an appropriation in the amount of $5,010 from the Second Story and Beyond® Fund Balance and $5,000 from the General Fund Balance to fund the above contract. BACKGROUND: In September 2023, AudienceView Ticketing Corporation was approved to be the ticketing vendor for the Lewis Family Playhouse and the Randall Lewis Second Story and Beyond® (RLSSAB). City staff are working with AudienceView to set up a ticketing service for the discovery space and theater. In October 2023, the City was notified that a gateway encryption service will be required to communicate with the AudienceView software and provide validated point to point encryption (P2PE) to process credit card transactions. Credit cards processed through AudienceView require a compatible payment gateway and credit card processing system. ANALYSIS: The Master Services Agreement with Bluefin Payment Systems LLC will ensure the authorization of credit card payments by processing the transactions from AudienceView to Bluefin Payment Systems LLC (payment gateway), through financial institutions, and to Elavon, the current City credit card processor. Bluefin hosts a variety of ways to complete transactions including tap-to- pay support which offers visitors additional payment options. Staff have reviewed options for gateway payment services that are compatible with ticketing and card processing systems and are recommending City Council approve the single source and Master Services Agreement for Bluefin Payment Systems LLC. This vendor processes, defends, and devalues sensitive information that’s exchanged thereby protecting the City and visitors from Page 112 Page 2 2 1 6 2 data breaches. As the first North American company to market with a PCI-validated P2PE solution as a service, they have led the industry in encryption and tokenization defense for over a decade. 35,000 companies are using Bluefin Payment Systems LLC in 60 different countries, and they are a leader with a proven track record in data security. Contracting with Bluefin Payment Systems LLC will provide hardware and gateway payment solutions for three years with an option to renew annually. Copies of all supporting documents are on file with the City Clerk and Procurement Offices. FISCAL IMPACT: Anticipated costs are estimated to be as follows: Expenditure Category Amount Master Services Agreement Contract $9,100 Master Services Agreement Contract Contingency (10%)$910 Estimated Costs $10,010 Adequate funds are available in the adopted Fiscal Year 2023/24 Budget from the General Fund (001) and Second Story and Beyond® Fund (710). Funding is identified under the Capital Improvement Project Account as follows: Account No.Funding Source Description Amount 1001407-5530/5005407-00005530 General Fund (001)Banking Fees $5,000 1710610-5300 SSAB (710)SSAB $5,010 COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: Providing superior services to residents enhances the overall quality of life in Rancho Cucamonga and will support the City Council Core Values to build and preserve the City’s family-oriented atmosphere and intentionally embrace and anticipate the future. ATTACHMENTS: Attachment 1 – City of RC Master Services Agreement PayConex Attachment 2 – Single Source Justification Memo Page 113 Attachment 1 - Master Services Agreement with Bluefin Payment Systems, LLC To be provided by March 20, 2024. ATTACHMENT 1 Page 114 Page 1 of 1 REVISION: Attached is a revised Staff Report for item D8 on the Consent Calendar highlighting a change in the recommendation to reflect City Council approval is subject to non-monetary changes approved by the City’s Risk Manager and City Manager. RECOMMENDATION: Staff recommends the City Council: 1.Approve the Master Services Agreement for Bluefin Payment Systems LLC for gateway encryption services for a three (3) year contract with the option to renew on a one (1) year basis in an amount not to exceed $10,010 ($9,100 + 10% contingency) annually subject to non-monetary changes approved by the City’s Risk Manager and City Manager . 2.Authorize an appropriation in the amount of $5,010 from the Second Story and Beyond ® Fund Balance and $5,000 from the General Fund Balance to fund the above contract. ATTACHMENTS: Attachment 1 – Revised Staff Report Attachment 2 – City of RC Master Services Agreement PayConex Attachment 3 - Single Source Justification Memo DATE: March 20, 2024 TO: John R. Gillison, City Manager FROM: Wess Garcia, Library Director BY: Wess Garcia, Library Director Jennifer Gracia, Community Services Director Noah Daniels, Finance Director Margo Mullen, Head of Museum Services Cristina Gorka, Management Analyst SUBJECT: Consideration to Approve a Master Services Agreement with Bluefin Payment Systems LLC for Gateway Encryption Services in the Amount of $9,100 Plus a 10% Contingency for the Lewis Family Playhouse and Randall Lewis Second Story and Beyond® Services. (CITY) MEMORANDUM Public Works Services Department Revised Staff Report Memo: 3/20/2024 Item D8 Consent Calendar DATE: March 20, 2024 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Wess Garcia, Library Director Jennifer Gracia, Community Services Director Noah Daniels, Finance Director Margo Mullen, Head of Museum Services Cristina Gorka, Management Analyst SUBJECT: Consideration to Approve a Master Services Agreement with Bluefin Payment Systems LLC for Gateway Encryption Services in the Amount of $9,100 Plus a 10% Contingency for the Lewis Family Playhouse and Randall Lewis Second Story and Beyond® Services. (CITY) RECOMMENDATION: Staff recommends the City Council: 1.Approve the Master Services Agreement for Bluefin Payment Systems LLC for gateway encryption services for a three (3) year contract with the option to renew on a one (1) year basis in an amount not to exceed $10,010 ($9,100 + 10% contingency) annually subject to non-monetary changes approved by the City’s Risk Manager and City Manager. 2.Authorize an appropriation in the amount of $5,010 from the Second Story and Beyond® Fund Balance and $5,000 from the General Fund Balance to fund the above contract. BACKGROUND: In September 2023, AudienceView Ticketing Corporation was approved to be the ticketing vendor for the Lewis Family Playhouse and the Randall Lewis Second Story and Beyond® (RLSSAB). City staff are working with AudienceView to set up a ticketing service for the discovery space and theater. In October 2023, the City was notified that a gateway encryption service will be required to communicate with the AudienceView software and provide validated point to point encryption (P2PE) to process credit card transactions. Credit cards processed through AudienceView require a compatible payment gateway and credit card processing system. ANALYSIS: The Master Services Agreement with Bluefin Payment Systems LLC will ensure the authorization of credit card payments by processing the transactions from AudienceView to Bluefin Payment Systems LLC (payment gateway), through financial institutions, and to Elavon, the current City credit card processor. Bluefin hosts a variety of ways to complete transactions including tap-to- pay support which offers visitors additional payment options. Staff have reviewed options for gateway payment services that are compatible with ticketing and card processing systems and are recommending City Council approve the single source and Master Services Agreement for Bluefin Payment Systems LLC. This vendor processes, defends, ATTACHMENT 1 REVISED STAFF REPORT Page 2 and devalues sensitive information that’s exchanged thereby protecting the City and visitors from data breaches. As the first North American company to market with a PCI-validated P2PE solution as a service, they have led the industry in encryption and tokenization defense for over a decade. 35,000 companies are using Bluefin Payment Systems LLC in 60 different countries, and they are a leader with a proven track record in data security. Contracting with Bluefin Payment Systems LLC will provide hardware and gateway payment solutions for three years with an option to renew annually. Copies of all supporting documents are on file with the City Clerk and Procurement Offices. FISCAL IMPACT: Anticipated costs are estimated to be as follows: Expenditure Category Amount Master Services Agreement Contract $9,100 Master Services Agreement Contract Contingency (10%) $910 Estimated Costs $10,010 Adequate funds are available in the adopted Fiscal Year 2023/24 Budget from the General Fund (001) and Second Story and Beyond ® Fund (710). Funding is identified under the Capital Improvement Project Account as follows: Account No. Funding Source Description Amount 1001407-5530/5005407-00005530 General Fund (001) Banking Fees $5,000 1710610-5300 SSAB (710) SSAB $5,010 COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: Providing superior services to residents enhances the overall quality of life in Rancho Cucamonga and will support the City Council Core Values to build and preserve the City’s family-oriented atmosphere and intentionally embrace and anticipate the future. ATTACHMENTS: Attachment 1 – City of RC Master Services Agreement PayConex Attachment 2 – Single Source Justification Memo ATTACHMENT 1 Bluefin Master Services Agreement v.9.12.2023 Bluefin Payment Systems LLC Master Services Agreement MASTER ORDER FORM Bluefin Payment Systems LLC (“Bluefin”) 8200 Roberts Drive, Suite 400 Atlanta, Georgia 30350 Contact: Terry Ford Telephone: 773-415-0279 Email: tford@bluefin.com City of Rancho Cucamonga (“Client”) 12505 Cultural Center Drive Rancho Cucamonga, CA 91739 Contact: Wess Garcia Email: wess.garcia@cityofrc.us Contact: Margo Mullen Telephone: 909-477-2720 x 3920 Email: Margo.Mullen@cityofrc.us Contact: Cristina Gorka Telephone: 909-477-2752 x 3707 Email: Cristina.Gorka@cityofrc.us This Master Services Agreement is entered into by and between Bluefin and Client (each a “Party” and collectively the “Parties”), which contains the Master Terms and Conditions and the Service Specific Addendum(s), each of which is attached hereto, and any other appendices, addenda, schedules or other attachments hereto or thereto (the “Agreement”) pursuant to which Client engages Bluefin to provide certain products or services specified below and as may be added from time to time (collectively, the “Services” or “Bluefin Services”), to Client and in certain instances for further use by Client’s customers. The Fee Schedule(s) attached hereto sets forth the Fees and other charges Client shall pay Bluefin for the Services selected herein, and to be provided by Bluefin. If applicable, the Fee Schedule(s) also sets forth the Equipment with respect to which Bluefin will submit an order to the designated KIF (the “Equipment Supplier”) on behalf of Client and the Equipment Costs and fees specified by the Equipment Supplier to be paid by Client to the Equipment Supplier. The Shipping Schedule attached hereto sets forth the locations specified by Client to which the Equipment is to be shipped by the Equipment Supplier. The Billing Contact Schedule attached hereto sets forth the Billing Contact(s) responsible for remitting payment and resolving billing or payment related issues. The Service Specific Addendum(s) for the Services attached hereto sets forth a description of such Services to be provided by Bluefin under this Agreement and the additional terms related to such Services. Service Selection PayConex™ Gateway Service DecryptX QuickSwipe PayConex™ Plus (World Net) ShieldConex® Fraud Management Services 3D Secure ACH Verification CardSync™ Account Updater P2PE Manager® in ServiceNow® Signature page follows ATTACHMENT 2 CONFIDENTIAL Bluefin Master Services Agreement CONFIDENTIAL v.9.12.2023 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives as of the date of the last signature below (the “Effective Date”). Bluefin Payment Systems LLC City of Rancho Cucamonga By: __________________________ By: ____________________________ Name: John M. Perry Name: L. Dennis Michael Title: President and CEO Title: Mayor, City of Rancho Cucamonga Date: __________________________ Date: ____________________________ By: ____________________________ Name: Wess Garcia Title: Library Director Date: ____________________________ Bluefin Master Services Agreement Fee Schedule CONFIDENTIAL SCHEDULE A FEE SCHEDULE Client shall pay Bluefin in accordance with the following Fee Schedule: 1. PayConex™ Service Fees: PayConex™ Gateway Set- Up Fee per Gateway PayConex™ Gateway Service Fee per Month PayConex™ Gateway Service Fee per Transaction PayConex™ Tokenization Fee per Transaction Device Monitor/Management Fee per Device, per Month PayConex™ P2PE Transaction Fee per Transaction $0.00 $0.00 $0.05 $0.05 $15.00 $0.05 • PayConex™ Services may include any services for PayConex™ Gateway Service (Enhanced) or PayConex™ Plus (World Net). • The monthly Device Monitor/Management Fee shall commence with the month in which such P2PE Device is delivered to Client from the KIF. The monthly Device Monitor/Management Fee shall be charged on every deployed and/or activated and activating Device. A Fee of $1.00 will apply to Devices considered in a stored state. 2. Equipment: • Equipment to be Ordered; Equipment Price Estimate; Key Injection Fees: On behalf of and as a convenience to Client, Bluefin will submit an order to the Equipment Supplier for the Equipment listed herein and as may be subsequently requested by Client. o Client understands and agrees that the Per Unit Price Estimate and other Fees herein are an estimate and is subject to change at the time of actual order placement with the Equipment Supplier. o In addition, Client shall pay the Equipment Supplier a Key Injection Fee per Injection per Device (as defined in the Master Terms) set by the Equipment Supplier. o Client shall pay the Equipment Supplier all shipping charges, and Other Charges (as defined in the Master Terms) for shipping the Equipment to each Shipping Location. o All amounts due for purchase of the Equipment, the Key Injection Services, Other Charges and shipping charges shall be paid by Client directly to the Equipment Supplier upon Client’s order placement with the Equipment Supplier, and Bluefin shall have no obligation or liability with respect to any such amounts, Key Injection Services, Equipment or related services. 3. Minimum Subscription Fee: PayConex™ • If in any given month during the Term of the Agreement, the total transaction-based Fees payable to Bluefin under this Fee Schedule are below the minimum amount of $25.00, Client will pay Bluefin the subscription fee of $25.00 for such month, in addition to any other non-transaction based Fees specified in the Fee Schedule. Equipment Supplier Equipment/Additional Component Description Price Per Unit Estimate Key Injection Fee Per Device Quantity ID Tech SREDKey 2 $251.00 $35.00 TBD PAX Technology A80 $318.00 $35.00 6 PAX technology A920 $428.00 $35.00 TBD Bluefin Master Services Agreement Shipping Schedule CONFIDENTIAL SCHEDULE B SHIPPING SCHEDULE The Equipment will be shipped to the following Shipping Location(s): Address Qty Special Instructions Chain of Custody Contact Person (name, phone #, email address, location address – if different) City of Rancho Cucamonga City Hall Attn. Margo Mullen 10500 Civic Center Dr. Rancho Cucamonga, CA 91730 No deliveries accepted Friday through Sunday Contact: Margo Mullen Telephone: 909-477-2720 x 3920 Email: margo.mullen@cityofrc.us Bluefin Master Services Agreement Billing Schedule CONFIDENTIAL SCHEDULE C BILLING CONTACT INFORMATION Contact Name Address Phone Number Email Margo Mullen Paul A. Biane Library 12505 Cultural Center Dr. Rancho Cucamonga, CA 91739 909-477-2720 x 3920 Margo.Mullen@cityofrc.us Jennifer Palacios Paul A. Biane Library 12505 Cultural Center Dr. Rancho Cucamonga, CA 91739 909-477-2720 x 3940 Jennifer.Palacios@cityofrc.us Cristina Gorka Lewis Family Playhouse at Victoria Gardens Cultural Center 12505 Cultural Center Dr. Rancho Cucamonga, CA 91739 909-477-2752 x 3707 Cristina.Gorka@cityofrc.us Salina Bernardino City of Rancho Cucamonga City Hall 10500 Civic Center Dr, Rancho Cucamonga, CA 91730 909-477-2700 x 2439 salina.bernardino@cityofrc.us Emilio Chairez City of Rancho Cucamonga City Hall 10500 Civic Center Dr, Rancho Cucamonga, CA 91730 909-477-2700 x 2450 emilio.chairez@cityofrc.us MASTER TERMS & CONDITIONS CONFIDENTIAL 1 Master Terms and Conditions for Bluefin Services 1. Definitions. For the purposes of this Agreement, the following terms shall have the meanings indicated below: 1.1. “Agreement” means the Agreement as defined in the Master Order Form. 1.2. “Bluefin” means Bluefin Payment Systems LLC. 1.3. “Client” means the undersigned Party on the Master Order Form. 1.3.1 Client Data” means any and all information and data (i) submitted to Bluefin by Client, or any employee, agent, or customer of Client, for processing using the Services; and/or (ii) otherwise made accessible to Bluefin pursuant to this Agreement. 1.4. “Confidential Information” means the Documentation, information about the Services and other technical information and know-how, and any other non- public information or materials that, if disclosed in written or digital form, is labeled “confidential” or an equivalent designation or, if disclosed orally, is identified as confidential at the time of disclosure or should be reasonably understood by the recipient from the nature of the information or the circumstances of the disclosure to be “Confidential Information.” The terms of the Master Services Agreement, including but not limited to any fees, warranties, limitations, term, duration or cancellation provisions, is Confidential Information of both Parties, which either Party may disclose to its Representatives, and as otherwise provided herein. For the avoidance of doubt, all Client Data is Confidential Information. 1.5. “Control” means the possession, directly or indirectly, of the power to direct or cause the direction of, the entity in respect of which the determination is being made, or the ownership of more than 50% of its voting or equity securities, by contract, voting trust or otherwise. 1.6. “Data Protection Legislation” means European Directives 95/46/EC and 2002/58/EC (as amended by Directive 2009/136/EC) and any legislation and/or regulation implementing or made pursuant to them, or which amends, replaces, re-enacts or consolidates any of them (including the General Data Protection Regulation “GDPR” (Regulation (EU) 2016/279)), and all other applicable laws relating to processing of personal data and privacy that may exist in any relevant jurisdiction. Terms such as “data controller”, “data processor”, “data subject”, “personal data”, “processing”, and “appropriate technical and organizational measures” shall be interpreted in accordance with applicable Data Protection Legislation. Data Protection Legislation also includes the California Consumer Privacy Act of 2018, California Civil Code Sec. 1798.100, et seq., and California Civil Code Sec. 1798.80, et seq. 1.7. “Documentation” means customer manuals, in any form or medium, provided by Bluefin for use with the Services. 1.8. “Effective Date” means the Effective Date specified on the Master Order Form or Supplemental Order Form. 1.9. “Equipment” means any PCI-validated device, hardware or equipment that is manufactured and/or distributed by a third party and is purchased by Client for use by Client in connection with the utilization of the Services. 1.10. “Equipment Costs” means the per unit purchase price for the Equipment, and any additional components, and the Other Charges applicable to the Equipment, as specified on the Fee Schedule or Supplemental Fee Schedule. 1.11. “Equipment Supplier” means the third party manufacturer or distributor of the Equipment specified on the Fee Schedule. 1.12. “Fee Schedule” means the fee schedule attached to the Master Order Form or Supplemental Order Form. 1.13. “Fees” means fees, costs and other charges for the Services specified on the Fee Schedule and any Supplemental Fee Schedule. 1.14. “KIF” means a PCI-approved key injection facility. 1.15. “Key Injection Services” means the injection of the Bluefin encryption key by the Equipment Supplier and the performance by the Equipment Supplier of related services, including storage, handling fees, inspection, application loads, configuration file loads, key injections, and insertion fees for additional components or materials (as applicable). 1.16. “Master Terms” means these Master Terms and Conditions for the Services. 1.17. “Master Order Form” means the Master Order Form by and between Bluefin and Client effective as of the date of the last signature. 1.18. “Order Form” means the Master Order Form and any Supplemental Order Form entered into by the Parties after the Effective Date. 1.19. “Other Charges” means sales, use and/or excise taxes and any other charges or fees imposed by the Equipment Supplier or otherwise relating to the Equipment or the purchase and sale thereof, if applicable. 1.20. “Party” means Bluefin or Client individually and “Parties” means Bluefin and Client collectively. MASTER TERMS & CONDITIONS CONFIDENTIAL 2 1.21. “PCI” means the Payment Card Industry Security Standards Council. 1.22. “PCI Standard” means the current PCI Data Security Standard, as in effect from time to time. 1.23. “Representatives” means directors, officers, managers, employees, partners, affiliated entities (meaning an entity Controlling, Controlled by, or under common Control with such entity), subcontractors, agents, consultants, attorneys, bankers, advisors, and other authorized representatives. 1.24. “Service(s)” means the services to be performed by Bluefin hereunder as designated on an Order Form. 1.25. “Service Specific Addendum” means an addendum or supplemental addendum to this Agreement setting forth a description of the Services, any service level objectives with respect to such Services, and any additional terms and conditions applicable to the provision by Bluefin of the Services described therein. 1.26. “Supplemental Fee Schedule” means a fee schedule attached to a Supplemental Order Form. 1.27. “Supplemental Order Form” means an order form for additional Services ordered by Client, or additional Equipment to be ordered from the Equipment Supplier, in each case if and to the extent accepted and agreed to by Bluefin, after the date of the Master Order Form. 1.28. “Supplemental Service Specific Addendum” means a Service Specific Addendum describing and applicable to the Services specified in a Supplemental Order Form. 1.29. “Term” shall mean the Initial Term and each Renewal Term as defined in Section 5.1. 2. General. The Master Terms, together with all addenda, schedules and exhibits attached hereto, set forth the general terms under which the Services are provided by Bluefin. Additional terms and conditions specific to a particular Service may apply as set forth in the Service Specific Addendum applicable to such Service. 3. Grant of Rights. 3.1. Right of Use. Subject to the terms and conditions of the Agreement, Bluefin grants Client a nonexclusive, nontransferable right during the Term of this Agreement to access and use the Services. 3.2. Documentation. Bluefin shall deliver Documentation to Client and Client shall have the right to make a reasonable number of copies of the Documentation solely for its internal use in connection with the Services. 4. Fees. 4.1. Fees for Services. Client agrees to pay Bluefin the Fees and other charges specified in the Fee Schedule. All amounts shall be paid in U.S. dollars. Bluefin may adjust Fees for Services during the Term upon thirty (30) days prior written notice to Client due to changes in charges or costs in connection with its providers, other third parties, regulatory, or operational changes. 4.2. Payment Terms Recurring Fees. Bluefin shall invoice Client for all recurring Fees on a monthly basis, in arrears, upon delivery of the Equipment to the Client from the Equipment Supplier, except as may otherwise be provided on the applicable Fee Schedule. Contemporaneously with the issuance of each monthly invoice for recurring Fees, Client hereby authorizes Bluefin to debit via ACH debit such amounts from Client’s separately identified bank account on the date of each invoice. 4.3. Payment Terms Non-Recurring Fees. To the extent applicable, any Non-Recurring Fees (excluding any Equipment related Fees to be paid to Equipment Supplier directly) shall be due and payable in full on the Effective Date of the applicable Order Form, except as may otherwise be provided on the applicable Fee Schedule (the “Payment Date”). Payment pursuant to this Section 4.3 shall be made on the due date thereof by ACH debit from the Client’s separately identified bank account. 4.4. Change of Account; Late Payment. Client may change Client’s account upon not less than thirty (30) days’ prior written notice to Bluefin. In the event that there are, at any time, insufficient funds in Client’s account to pay all amounts then due, Client shall promptly pay any shortfall directly to Bluefin by ACH debit, or as otherwise specified by Bluefin. In the event that Bluefin is unable to collect any amounts owed when due, whether because of insufficient funds in Client’s account or otherwise, Client shall be deemed to be in material breach of the terms of the Agreement. In addition, any amounts which cannot be so collected by Bluefin will accrue a finance charge of one and one-half percent (1.5%) per month or, if lower, the maximum rate allowed by law. Client shall be liable for the amount of any costs and expenses (including reasonable attorneys’ fees) incurred by Bluefin in enforcing Client’s obligations under this Agreement. In addition to those rights set forth in Section 4.4, Bluefin may elect to suspend the performance of Services or terminate the Agreement if any Fees remain unpaid for thirty (30) days after the due date thereof. Bluefin’s right to suspend or terminate Services or to collect a finance charge is in addition to any other rights or remedies of Bluefin. 4.5. Taxes. To the extent applicable, Client agrees to pay when due (or, if necessary, reimburse Bluefin for) all sales, use, property, excise, and other similar taxes resulting from this Agreement, excluding taxes on the net income of Bluefin. MASTER TERMS & CONDITIONS CONFIDENTIAL 3 5. Term and Termination. 5.1. Term. The Agreement shall commence upon the Effective Date and, unless terminated in accordance with this section, shall continue in effect for an initial term of three (3) years from the Effective Date (the “Initial Term”), and shall automatically renew for up to two (2), successive one-year periods thereafter (each a “Renewal Term”) unless written notice of nonrenewal is given by a Party to the other Party at least sixty (60) days prior to the expiration of the then-current Term. The Initial Term and any Renewal Term are sometimes collectively referred to as the “Term.” 5.2. Termination for Breach. Subject to the provisions of the Service Specific Addendum, either Party may terminate the Agreement in the event of a material breach of the Agreement by the other Party that is not substantially cured or curable within thirty (30) days following written notice from the non-breaching Party. Parties agree that in the event of a breach or default of this Agreement by Client at any time during the Term, damages to Bluefin will be difficult and impracticable to ascertain. In consideration of such event prescribed herein, Client agrees to pay Bluefin (i) the average Fees paid or payable over a three (3) months period preceding the breach or the default date, multiplied by the number of the remaining months in the Term; and (ii) any incurred costs and expenses by Bluefin, any expenses associated with enforcement of this Agreement, any applicable fees associated with the transition and data transfer, any third party service fees, and operational expenses related to the Agreement. Notwithstanding anything to the contrary herein, liquidated damages are not intended to be a penalty and are solely intended to compensate for damages in addition to other available remedies under applicable law and this Agreement. 5.3. Termination for Bankruptcy. Either Party may terminate the Agreement if the other Party becomes subject to a proceeding under any federal, state or provincial bankruptcy or insolvency laws which is not dismissed or stayed within sixty (60) days. 5.4. Termination for Non-Appropriation. Client is a municipal corporation subject to the California Constitutional Debt Limit. In the event Client’s governing body fails to appropriate funds sufficient to pay fees owed hereunder for Services during Client’s next fiscal year, Client may terminate this agreement, without penalty, by providing Bluefin not less than thirty (30) days’ prior, written notice of termination. 5.5. Effect of Termination or Expiration; Survival of Provisions. Except as expressly stated in the Agreement, upon termination or expiration, each Party shall immediately surrender all rights, licenses, and privileges granted under the Agreement, and Bluefin shall terminate all Services provided hereunder. Client shall pay Bluefin for the Services performed through the effective date of such termination or expiration. The provisions of Sections 4.4, 5.4, 6, 7 and 10 through 16 (inclusive) of the Master Terms, shall survive termination or expiration of the Agreement. 6. Restrictions on Use of Services. Except as expressly permitted in this Agreement, Client shall not, and shall not permit others to: (a) use, modify, copy, or otherwise reproduce any Service in whole or in part; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the form or structure of any such Service; or (c) distribute, sublicense, assign, share, timeshare, sell, rent, lease, grant a security interest in, use for service bureau purposes, or otherwise transfer any Service (or any part thereof) or Client’s right to use any Service. 7. Proprietary Rights. All intellectual property rights not expressly granted to Client herein are reserved by Bluefin. Bluefin and its licensors shall have sole and exclusive ownership of all right, title, and interest in and to the Services and Documentation, including all associated intellectual property rights. Client shall not use any trademarks, trade names or service marks of Bluefin (the “Marks”) without Bluefin’s prior written approval. To the extent any such approval is granted, upon termination of this Agreement, any and all goodwill associated with such use shall inure to the benefit of Bluefin. Client will not attempt to register the Marks or any confusingly similar mark. Client agrees not to contest any of Bluefin’s Marks or take any action to impair Bluefin’s right, title or interest in the same or any of the goodwill associated therewith. Bluefin shall not use any seal, logos, trademarks, trade names or service marks of Client without Client’s prior written approval. 8. Compliance with Laws. 8.1. Each Party agrees to comply with all applicable federal, state and local laws, the rules of Visa, MasterCard and all other applicable card associations and debit networks, and all applicable privacy and security requirements under the PCI Standard as now or hereafter in effect from time to time during the Term, in connection with the provision of, or use of, the Services, as the case may be. Client shall comply with all applicable federal laws, rules and regulations governing and/or restricting the export of encryption products and technology. Bluefin acknowledges that it is responsible for the security of Client’s cardholder data, in accordance with applicable PCI Standard requirements, to the extent that Bluefin possesses, stores, processes or transmits Client’s cardholder data or sensitive authentication data. If requested by Client, Bluefin shall provide attestation of compliance for all PCI regulated services provided by Bluefin to Client. Client acknowledges that additional PCI required compliance activities applicable to Client, and any self or third party assessments of compliance applicable to Client, are the responsibility of the Client. MASTER TERMS & CONDITIONS CONFIDENTIAL 4 8.2. Each Party agrees to comply with all applicable Data Protection Legislation, and other data privacy laws, whether local or international. If a Party is unable or unwilling to comply with Section 8 to the extent applicable, notice must be immediately provided to the other Party. Failure to comply with Section 8 constitutes breach of this Agreement. 8.3. In addition to any other rights or remedies, Bluefin may suspend the performance of Services upon (i) actual or suspected fraud activity in Client's account, (ii) actual or suspected security breach in Client's account, or (iii) Client's acts or omissions that may pose a risk to Bluefin's systems, business or Services. 9. Certain Business Practices. Each Party agrees that it will (i) avoid deceptive, misleading or unethical practices that are or might be detrimental to the other Party, (ii) make no false, disparaging, or misleading representations with regard to the other Party or the other Party’s products or services, (iii) not publish, post, or employ, or cooperate in the publication or employment of, any misleading or deceptive advertising material with regard to the other Party or services provided in any platform, and (iv) promote proper use of the Services. 10. Indemnification. 10.1. Subject to Section 12, each Party (an “Indemnifying Party”), at its expense, shall defend any Covered Third Party Claim, as hereinafter defined, brought against the other Party and/or its employees, officers and directors (an “Indemnified Party”), and the Indemnifying Party shall pay any damages finally awarded against the Indemnified Party (including court costs and reasonable attorneys’ fees) in connection therewith; provided that (i) the Indemnified Party notifies the Indemnifying Party promptly in writing of the claim; (ii) the Indemnifying Party has sole control of the defense and all related settlement negotiations, provided no compromise or settlement (including consent decree) of any Covered Third Party Claim admitting liability of or imposing duties of performance or payment upon the Indemnified Party may be effected without the prior written consent of the Indemnified Party, and (iii) the Indemnified Party provides the Indemnifying Party with all commercially reasonable assistance, information and authority to perform the above at the Indemnifying Party’s expense. The foregoing indemnity shall not apply to the extent that the basis for such Covered Third Party Claim is attributable to (i) the conduct of the Indemnified Party or the conduct of its agents (or the willful misconduct or failure of the Indemnified Party or its agents to act), or (ii) any breach by the Indemnified Party of this Agreement. For purposes of this Section 10, when the “Indemnified Party” is the Client, Indemnified Party shall collectively mean Client, its elected officials, officers, employees, agents and volunteers. 10.2. For the purposes hereof, a “Covered Third Party Claim” means, (a) with respect to either Party as the Indemnifying Party, any action, claim, suit or proceeding brought against an Indemnified Party by a third party (a “Claim”) which arises out of any breach by the Indemnifying Party of this Agreement (other than Bluefin’s failure to comply with a Service Specific Addendum, or any delay in the delivery of any Service or other service quality issue), (b) with respect to Bluefin as the Indemnifying Party, any Claim which alleges that any Service infringes any copyrights, patents or intellectual property rights of any third party. Notwithstanding anything contained herein, in no event shall Bluefin have any liability under this Section 10 or otherwise for any claim by Client or any third party that relates to or arises out of the Equipment or the use thereof, or any defective Equipment, and no such claim shall be deemed to be a Covered Third Party Claim hereunder. 10.3. Upon notice of a Covered Third Party Claim under Section 10.2(b) or if, in Bluefin’s opinion, a claim of intellectual property infringement is likely, Bluefin may, at its sole option: (a) modify or replace the Services so that such Services are functionally equivalent and non- infringing, (b) obtain a license for the Client to continue using the Services, or (c) terminate this Agreement upon thirty (30) days’ prior written notice to Client and, in such event, issue a refund to Client of any pre-paid, unearned Fees. 10.4. THIS SECTION 10 SETS FORTH BLUEFIN’S SOLE LIABILITY WITH RESPECT TO COVERED THIRD PARTY CLAIMS UNDER SECTION 10.2(b). 11. Limited Warranties and Disclaimers. BLUEFIN HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES RENDERED HEREUNDER, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE, AS TO ANY MATTER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SERVICES ARE PROVIDED “AS IS”, AS AVAILABLE AND WITH ALL FAULTS AND BLUEFIN DOES NOT WARRANT THAT THE SERVICES WILL MEET ALL OF CLIENT’S REQUIREMENTS OR THAT THE PROVISION OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE FROM DEFECTS. CLIENT ACKNOWLEDGES BLUEFIN SERVICES ARE RISK MANAGEMENT TOOLS AND NOT INTENDED FOR COMPLETE PREVENTION SOLUTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. MASTER TERMS & CONDITIONS CONFIDENTIAL 5 NOTWITHSTANDING ANYTHING CONTAINED IN THE AGREEMENT, BLUEFIN EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE, AS TO THE EQUIPMENT. CLIENT EXPRESSLY ACKNOWLEDGES AND AGREES THAT BLUEFIN HAS NO LIABILITY WHATSOEVER FOR ANY DEFECTIVE EQUIPMENT OR ANY FAILURE OF THE EQUIPMENT TO PERFORM IN ACCORDANCE WITH THE MANUFACTURER’S SPECIFICATIONS OR OTHERWISE, OR FOR ANY NON-PCI P2PE CERTIFIED OR COMPLIANT EQUIPMENT CLIENT CHOOSES TO UTILIZE WITH THE BLUEFIN SERVICES, AND HEREBY WAIVES ANY CLAIM THAT ANY EXCLUSIONS OR LIMITATIONS OF ANY WARRANTY DEPRIVE IT OF AN ADEQUATE REMEDY OR CAUSE THE AGREEMENT TO FAIL OF ITS ESSENTIAL PURPOSE. 12. Limitation of Liability; Exclusion of Damages. Subject to any additional limitation on remedies set forth in the Service Specific Addendum, Client’s sole remedy and Bluefin’s sole obligation with respect to any claims, whether in contract, tort (including negligence and product liability) or otherwise, arising out of, connected with, or resulting from the Agreement and/or the performance of the Services shall be governed by the Agreement, and in all cases Client’s aggregate remedy shall be limited to direct money damages in an amount not exceeding the Service Fees actually paid to Bluefin by Client during the six (6) month period immediately preceding the event giving rise to such damages. In the case of indemnification obligations, a Party’s aggregate remedy shall be limited to direct money damages in an amount not exceeding five (5) times the Service Fees actually paid to Bluefin by Client during the twelve (12) month period immediately preceding the event giving rise to such damages. BLUEFIN SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE EQUIPMENT, OR ANY OTHER ISSUE ARISING UNDER THE AGREEMENT, FOR (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BLUEFIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE EQUIPMENT OR ANY COSTS OF SHIPPING TO OR FROM THE EQUIPMENT SUPPLIER FOR REPAIR OR REPLACEMENT OF ANY EQUIPMENT, OR (III) ANY MATTERS BEYOND BLUEFIN’S REASONABLE CONTROL. CLIENT SHALL NOT BE LIABLE TO BLUEFIN UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO ANY ISSUE ARISING UNDER THE AGREEMENT, FOR (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Any action by either Party must be brought within one (1) year after the cause of action arose. Client acknowledges and agrees that the foregoing limitations are commercially reasonable and represent the agreed upon allocation of risk between the Parties. 13. No Liability to Third Parties. Without limiting Bluefin’s indemnification obligations under Section 10, in no event will Bluefin be directly liable for any claim by any third party in connection with the Services, the Equipment or otherwise relating to the subject matter of this Agreement. 14. Confidentiality. Each of the Parties acknowledges that by reason of its relationship to the other Party under or in anticipation of the Agreement it has had and/or may have access to Confidential Information of the other Party. Each Party agrees to use commercially reasonable efforts to maintain in confidence, and to use only as expressly permitted in this Agreement, all Confidential Information received from the other, both orally and in writing, whether before or after the Effective Date, provided that the Parties’ respective obligations of non-disclosure under this Agreement shall not apply to Confidential Information which the receiving Party can demonstrate: (i) is or becomes a matter of public knowledge through no fault of the receiving Party; (ii) was rightfully in the receiving Party’s possession prior to disclosure by the disclosing Party; (iii) subsequent to disclosure, is rightfully obtained by the receiving Party from a third party in lawful possession of such Confidential Information; or (iv) is or was independently developed by the receiving Party without reference to Confidential Information. In the event that a receiving Party is requested or required (by deposition, interrogatory, subpoena, court order, civil investigative demand or similar process, oral questions, any formal or informal investigation, or otherwise) by any government or governmental agency, court or authority, including MASTER TERMS & CONDITIONS CONFIDENTIAL 6 requirements of the California Public Records Act, to disclose any Confidential Information of the disclosing Party, the receiving Party shall provide the disclosing Party with prompt written notice of such request or requirement so that the disclosing Party may seek a protective order or other appropriate remedy. If such protective order or other remedy is not obtained, or if disclosing Party waives in writing compliance with the terms hereof, the receiving Party shall furnish only that portion of the information which is legally required to be furnished and shall exercise reasonable efforts to obtain confidential treatment of such information. As a condition to the receipt of Confidential Information from the disclosing Party, the receiving Party shall only disclose the disclosing Party’s Confidential Information, in whole or in part, to Representatives on a need to know basis (i) in order to provide or make use of the Services or (ii) in connection with the enforcement of the Agreement provided that with respect to such enforcement receiving Party may seeks a protective order with respect to Confidential Information. In the event of merger, sale, acquisition, or financing negotiations, the terms of the Master Services Agreement, including but not limited to any fees, warranties, limitations, term, duration or cancellation provisions, or the terms or provisions of other agreements or arrangements between the Parties may be disclosed by a Party to the counter party and such counter party’s Representatives in such negotiations for the sole purposes of such negotiations, provided such counter party and its Representatives to whom such information is disclosed have executed a reasonable non- disclosure agreement restricting the use of such information to the merger, sale, acquisition or financing negotiations. For the avoidance of doubt, as between Bluefin and Client, the provisions of this Section 14 shall govern over any conflicting or inconsistent provisions of any non-disclosure agreement entered into between Bluefin and Client. The receiving Party shall be responsible for the compliance of its Representatives with the restrictions on disclosure, and use of Confidential Information set forth herein. The receiving Party shall take all commercially reasonable steps to protect the confidentiality of the Confidential Information received hereunder and exercise at least the same degree of care in safeguarding the Confidential Information as it would with its own confidential information. Upon learning of any unauthorized disclosure or use, the receiving Party shall promptly notify the disclosing Party of the same and cooperate and assist the disclosing Party in preventing or remedying the same. Upon termination of this Agreement, each Party shall immediately cease using and return all property in its possession belonging to the other Party and promptly return or destroy all tangible embodiments of Confidential Information. Notwithstanding the foregoing, the receiving Party shall not be obligated to destroy electronically stored Confidential Information to the extent that it is contained in an archived computer system backup in the ordinary course and/or in accordance with disaster recovery procedures, so long as such data or records, to the extent not permanently deleted or overwritten in the ordinary course of business, are not accessible in the ordinary course of business or used except as required for backup or data recovery purposes. Nothing in this paragraph shall affect Client’s obligation to retain public records to the extent required by law. 14.1 Cyber Liability Insurance. Unless otherwise approved in writing by Client’s risk manager, Bluefin shall, at its own expense, procure and maintain in full force and effect during the term of this Agreement, cyber liability insurance ($2,000,000 per occurrence). Bluefin shall provide Client with a certificates of insurance evidencing all of the above coverage, and shall provide Client, upon Client’s request, with certificates of insurance evidencing renewal or substitution of such insurance thirty (30) calendar days prior to the effective date of such renewal or substitution. 15. Relationship of Parties. 15.1. Non-Solicitation of Staff. During the Term, and for a period of one (1) year after the termination or expiration of the Agreement, neither Party shall, without the prior written consent of the other Party, directly or indirectly through any subsidiaries or affiliates, recruit, solicit or hire for employment or as an independent contractor, any employee of the other Party, or induce or attempt to induce any employee of the other Party to terminate his or her employment with or otherwise cease his or her relationship with such other Party. Nothing in this Section 15.1 shall prohibit the Parties from engaging in general forms of solicitation or advertising for employment that are not specifically targeted at such employee(s) of the other Party. 15.2. Publicity. Client agrees to participate in a press release announcing the relationship covered by this Agreement and/or a case study if requested by Bluefin and will occasionally be available to serve as a customer reference for Bluefin; provided that Client has the right to approve both the press release and the case study, which approval shall not be unreasonably withheld or delayed. Bluefin may identify Client on Bluefin’s website and in its marketing materials, subject to Client’s prior consent which shall not be unreasonably withheld or delayed. 15.3. Independent Contractors. Bluefin and Client are independent contractors, and nothing in the Agreement shall be construed to imply a joint venture, partnership, or agency relationship between the Parties. 15.4. No Exclusivity. This Agreement is not exclusive. Nothing in this Agreement shall be construed to restrict or MASTER TERMS & CONDITIONS CONFIDENTIAL 7 limit Bluefin’s provision of any Service (or any similar product or service) to any other party, or Client’s use of any similar service provided by any third party. 16. Miscellaneous. 16.1. Assignment. Client may not sublicense, assign (by operation of law or otherwise) or otherwise transfer this Agreement or any license, right, duty or obligation under this Agreement without Bluefin’s prior written consent, which shall not be unreasonably withheld. Subject to the foregoing limitations, this Agreement will mutually benefit and be binding upon the Parties, their successors, and assigns. There are no third party beneficiaries to this Agreement. 16.2. Injunctive and Equitable Relief. Each Party agrees that money damages may be an inadequate remedy in the event of a breach or threatened breach by such Party of the provisions set forth in Sections 14, 15.1, 15.2 and 16.1 hereof. In the event of a breach or threatened breach by a Party of any such provisions, the other Party may, either with or without pursuing any other remedies afforded by law, immediately seek an injunction from any proper court of law or equity prohibiting such breach or threatened breach. Except as otherwise set forth herein, all rights and remedies afforded either Party by law shall be cumulative and not exclusive. 16.3. Notice. Any notice or invoice required to be provided pursuant to the Agreement shall be in writing and shall be deemed given (a) if by hand delivery, upon receipt thereof, (b) if sent by a recognized overnight delivery service, one (1) business day after delivery to such service, or (c) if mailed, three (3) business days after deposit in the U.S. mails, postage prepaid, registered or certified mail, return receipt requested, or (d) if e-mailed, upon delivery without an error or failure to deliver message. All notices shall be addressed to the Parties at their respective addresses indicated on the Master Order Form, and invoices to Client shall be emailed to the email address provided in Schedule C – Billing Contact Information. Each Party shall promptly notify the other Party of any address change by notice in accordance with this Section 16.3. 16.4. Waiver and Modification; Severability. Except as otherwise provided in Section 12, a failure or delay by either Party to enforce any right under this Agreement shall not at any time constitute a waiver of such right or any other right and shall not modify the rights or obligations of either Party under this Agreement. If any provision or portion of the Agreement is held to be unenforceable or invalid, the remaining provisions and portions shall nevertheless be given full force and effect, and the Parties agree to negotiate, in good faith, a substitute valid provision which most nearly gives effect to the Parties’ intent at the time they entered into this Agreement. Except as expressly provided herein, no amendment or modification of this Agreement shall be effective unless made in writing and signed by Bluefin and Client. 16.5. Force Majeure. Neither Party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, act of government, shortages of materials or supplies, or any other cause beyond the control of such Party (“Force Majeure”), provided that no Force Majeure event shall affect or extend any obligation for payment hereunder as to services actually provided to Client. 16.6. Governing Law and Venue. The Agreement shall be governed by and construed under the laws of the State of California without regard to any principles of conflicts of laws. Application of the U.N. Convention of Contracts for the International Sale of Goods is expressly excluded. Venue for any legal action arising out of this Agreement shall be any federal or state court in the County of San Bernardino, California. 16.7. Entire Agreement. The Agreement, including the Order Form, the Fee Schedule, the Master Terms, any Service Specific Addenda, and any other schedules, addenda, appendices and exhibits hereto and thereto, constitutes the entire agreement of the Parties, and supersedes all prior agreements and communications, whether oral or in writing, between the Parties with respect to the subject matter of the Agreement. 16.8. Effectiveness. The Agreement shall not be effective unless and until executed by both Parties. 16.9. Counterparts. The Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall be deemed to be one and the same instrument. [Remainder of page intentionally left blank] Bluefin Master Services Agreement Addendum CONFIDENTIAL 1 SERVICE SPECIFIC ADDENDUM PayConex™ Gateway (Enhanced) Services This Service Specific Addendum for PayConex™ Services (the “PayConex™ Addendum”) is an addendum to that certain Master Services Agreement between Bluefin and Client. Capitalized terms used but not defined herein have the meanings ascribed to them in the Agreement. Bluefin and Client may be referred to herein individually as a “Party” and collectively as the “Parties.” 1. Service Description: Validated Point to Point Encryption (“P2PE”) through Bluefin’s PayConex™ Gateway Services (Enhanced) (the “PayConex Service”) may include one or more of the following features: • Credit/debit card track data decryption and response service; • Credit/debit card PAN (Primary Account Number) decryption and response service; • Access to a web-based tool for real-time chain of custody and transaction monitoring of each Client P2PE device through the Bluefin P2PE Manager® web application; • P2PE Instruction Manual, the contents of which describe the requirements for ongoing compliance activities by Client to assist Client in claiming in its attestations the proper execution of duties and claim coverages in conjunction with Bluefin’s PCI listed P2PE solution, and provide guidance to be followed by the Client for PCI SAQ P2PE Sections 9.9, 9.9.1, 9.9.2, 9.9.3, and 9.10 of the PCI SAQ P2PE; and • Guidance and support with the P2PE Manager® reports necessary to attest compliance on the PCI SAQ P2PE Sections 9.9 (a) and 9.9.1 (a)-(c). 2. Service Specific Terms: The following terms apply to the provision of the PayConex Service: 2.1 Technical Integration for PayConex Service. Bluefin shall provide Client with access to the application programming interfaces (APIs) as necessary to integrate the PayConex Service into Client’s software application, together with Bluefin’s standard Documentation respecting integration. Client shall be solely responsible for effecting such integration, at Client’s expense, provided that Bluefin will furnish Client with a reasonable amount of technical support regarding the API and the PayConex Service. Following integration, Client and/or its customers will be able to remotely access Bluefin through the Client software application and use the PayConex Service. The PayConex Service may not be accessed or used independent of the API and the Client software application, or browser. Client will be responsible for all costs and expenses of all communications connections, including hardware and telecommunications costs and expenses. 2.2 Service Availability Objectives. (a) PayConex Processing Availability. Bluefin’s PayConex processing availability shall be in operation without material defects 99.9% of the time during each month (the “PayConex Processing Objective”). (b) Calculation of PayConex Processing Availability. Bluefin’s PayConex Processing Objective for each month shall be calculated as follows: Monthly PayConex Processing Availability Time (%) = (1 – (Sum of minutes of PayConex processing non-availability per month / Total number of minutes per month)) x 100 PayConex processing time measurements will not include periods of non-availability resulting in an Excluded Event as defined in Section 2.7 below. 2.3. Service Call Reply. Bluefin provides network support services 24/7 via live service agents and Customer Support for terminal or account related services 7 a.m. to 6 p.m. Central Time, Monday through Friday. Bluefin will use commercially reasonable efforts to reply to service calls from Client within the reply times set forth herein (“Service Response Objective”). If a Client calls during the above Customer Support hours, any and all issues (Urgent and Non-Urgent) will be responded to and moved toward resolution. If a Client calls outside of those Customer Support hours, Bluefin will respond as set forth below: (a) Urgent Issue (ability to process is affected, Client is unable to process) – Bluefin will reply to Client within 2 hours. Bluefin will use commercially reasonable efforts to promptly assign resources and initiate procedures to correct the issue on an expedited basis during Customer Support hours until resolution. Bluefin Master Services Agreement Addendum CONFIDENTIAL 2 (b) Non-Urgent Issue (no ability to process is affected) – Bluefin will reply to Client by the end of the next business day. Bluefin will use commercially reasonable efforts to assign its specialists to correct the error during Customer Support hours and communicate the status of corrective efforts to Client on a weekly basis until resolution. 2.4. SLA Objectives. The PayConex Processing Objective and the Service Response Objective shall be collectively known as the “SLA Objectives.” 2.5. Failure to Meet PayConex Processing Objective. In the event that Bluefin fails to meet the PayConex Processing Objective as to any given month, and failure issues are not caused by a force majeure event, or fall under Excluded Events in Section 2.7 below, Bluefin shall issue to Client a credit against Bluefin Fees in an amount equal to two percent (2%) of the aggregate Bluefin PayConex Service Fees (not including Key Injection Fees, Equipment Costs, Shipping Charges, or Other Charges) incurred by Client during such month. Notwithstanding anything to the contrary in Section 5.2 or Section 12 of the Master Terms, this Section 2.5 sets for the sole and exclusive remedy of Client related to any failure by Bluefin to meet the PayConex Processing Objective. 2.6. Measurement Disputes. Should any dispute arise regarding Bluefin’s measurement of performance hereunder, the Parties shall utilize the following procedures to attempt to resolve the dispute prior to taking any other action with respect to such dispute: (a) First Level. The Parties shall use their commercially reasonable best efforts to settle any dispute between the Parties through their respective contract administrators within ten (10) business days. Representatives of each Party shall conduct a meeting (in person or by telephone) to either (i) resolve the matter and set forth such resolution in writing, or (ii) define the dispute in writing including a description of the position of each Party. (b) Second Level. If the representatives of each Party are unable to reach an agreement pursuant to the above section, then within ten (10) business days after such meeting, a Vice President or other authorized executive of each Party shall meet (in person or by telephone) to attempt to reach a resolution of the matter in light of the description of the dispute submitted by the Parties and further discussion among and between the Parties and their respective representatives. If the Parties agree in writing that there has been substantial progress toward resolution of the dispute, this level may be extended for an additional ten (10) calendar day period which shall commence at the conclusion of the first ten (10) day period. There shall be no further extensions at this level. 2.7. Excluded Events. PayConex processing time measurements shall not include periods of non-availability resulting in whole or in part from one or more of the following (each an “Excluded Event”): (a) Any act or omission on the part of the Client, its customers, contractors or vendors, or any other entity over which the Client exercises control or has the right to exercise control; (b) The Client’s or any customer’s software applications, equipment, connectivity, or facilities; (c) Bluefin’s scheduled maintenance, provided that such scheduled maintenance is undertaken on a Tuesday or Thursday between the hours of 6:00 a.m. and 7:00 a.m. Central Time, or at such other time as may be designated by Bluefin; (d) Outages of any third parties who are not agents of Bluefin, including but not limited to telecommunications and/or internet service providers, banks and processors; or (e) Force majeure events beyond the reasonable control of Bluefin including, but not limited to, natural disasters, government regulation, and national emergency. Bluefin Master Services Agreement Addendum CONFIDENTIAL DATA PROCESSING ADDENDUM This Data Processing Addendum (the “Privacy Addendum”) is an addendum to and is governed by that certain Master Services Agreement by and between Bluefin and Client (the “Agreement”). To the extent applicable to the Services provided by Bluefin to Client under the Agreement, this Privacy Addendum stipulates privacy, confidentiality, and security requirements for purposes of compliance with applicable privacy, security, and data protection laws and with Bluefin’s policies. In the event of a conflict between the terms of this Privacy Addendum and the Agreement, the terms of this Privacy Addendum will prevail. 1. General Processing Obligations and Descriptions. 1.1. Roles of the Parties. In connection with the Permitted Processing, Bluefin is the Data Processor, and Client is the Data Controller. Bluefin will Process Personal Data only as necessary to achieve the Purposes and as otherwise permitted by this Privacy Addendum, or as instructed in writing from time to time by Client (collectively, the "Permitted Processing"). Bluefin shall, in addition to other notification obligations provided in this Privacy Addendum, notify the Client, without undue delay, if it holds that an instruction violates applicable data protection laws (“Challenged Instruction”) and to provide evidence of such applicable laws. Upon providing such notification, Bluefin is not obliged to follow the Challenged Instruction unless the Client confirms the Challenged Instruction. Bluefin may also Process the Personal Data if required to comply with applicable law, provided that, if permitted under such law, Bluefin provides Client with advance written notice of such Processing. The Parties agree that this Privacy Addendum, including specifically the terms of this section, constitute the documented instructions of the Data Controller described in Article 28 of the GDPR or the UK GDPR or any other Data Protection Law, including, California Consumer Privacy Act of 2018 (“CCPA”), Colorado Privacy Act, Colo. Rev. Stat. § 6-1-1301 et seq. (“CPA”), Personal Data Privacy and Online Monitoring Act (“CTDPA”), Utah Consumer Privacy Act (“UCPA”), Virginia Consumer Data Protection Act (“VCDPA”), as applicable. Bluefin shall immediately inform Client if, in Bluefin’s opinion, any aspect of the Permitted Processing violates the GDPR, the UK GDPR, CCPA, CPA, CTDPA, UCPA, VCDPA, or any other Data Protection Law. If under Data Protection laws an Affiliate of Client is considered the Data Controller (either alone or jointly with the Client) with respect to certain Personal Data, Client represents and warrants to Bluefin that Client is authorized: (a) to give the instructions to Bluefin and otherwise act on behalf of such Affiliate in relation to such Personal Data as described in this Privacy Addendum and (b) to bind the Affiliate to this Privacy Addendum. 1.2. Subject Matter. Bluefin and Client enter into this Privacy Addendum to establish their respective rights and obligations with regard to Processing of Personal Data in connection with the Bluefin Services provided under the Agreement. While the Parties acknowledge that the precise Data Protection Laws that apply to the Permitted Processing will depend on the nature and location of such Processing, the Parties agree that, unless otherwise stated herein, this Privacy Addendum applies to the Permitted Processing irrespective of whether the GDPR, the UK GDPR, or any other Data Protection Law, including CCPA CPA, CTDPA, UCPA, and VCDPA, applies. 1.3. Purpose of Processing. Bluefin is conducting the Permitted Processing to provide Bluefin Services to Client and to otherwise perform its obligations under the Agreement (including this Privacy Addendum) (the "Purposes"). 1.4. Nature of Processing. Bluefin shall, through Bluefin Services, receive, store, and perform other Processing activities on the Personal Data as required to fulfill the Purposes. Such Processing shall take place in EEA countries, and the United States and other non-EEA countries, subject to the Parties' compliance with Ex-EEA Data Transfers. 1.5. Sub-processors. Client acknowledges and expressly agrees that Bluefin may engage third-party Sub-processors in connection with the provision of Bluefin Services. Bluefin shall ensure that all such Sub-processors are subject to terms consistent with those set forth in this Privacy Addendum. A list of Sub-processors engaged by Bluefin in connection with the provision of Bluefin Services can be found at the end of this Privacy Addendum and may be updated via email notification or via a webpage link to be provided to Client. If such webpage ceases to be maintained, Bluefin shall make available to Client from time to time at its reasonable request a current list of Sub-processors for the respective Bluefin Services. 1.6. Personal Data and Data Subjects. Bluefin is Processing Personal Data of Client’s customers, merchants, or users. This Personal Data includes Personal Data within the categories of identifiers prescribed by appliable Data Protection Law. 1.7. Duration of Processing. Bluefin will Process the Personal Data for so long as it is providing the Bluefin Services to Client. Bluefin may retain copies of Personal Data only until Bluefin no longer needs it to fulfill the purpose under the Agreement and for so long as required to comply with applicable law, provided that Bluefin may retain cardholder data for and automatically purge it after eighteen (18) months of last use. At Client’s written request and at an additional charge, Bluefin may transfer cardholder data then in Bluefin’s possession, custody, or control to another PCI/DSS compliant payment services provider selected by Client. 1.8. Compliance with Data Protection Laws. Each Party shall Process Personal Data in accordance with the requirements of applicable Data Protection Laws. Client shall have sole responsibility for the accuracy, quality, and legality of Personal Data and the means by which Client acquired Personal Data, including specifically providing sufficient information to enable transparent Processing and, if applicable, obtaining free and informed consent to the Processing contemplated under the Agreement and this Privacy Addendum. Bluefin Master Services Agreement Addendum CONFIDENTIAL 2. Bluefin Assistance to Client. 2.1. Data Subject Rights. Bluefin shall, to the extent legally permitted, promptly assist Data Subject with a request to exercise the Data Subject's right of access, right to rectification, restriction of Processing, erasure, data portability, object to the Processing, or its right not to be subject to an automated individual decision making (each such request being a "Data Subject Request"). Taking into account the nature of the Processing, Bluefin shall assist Client by appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of Client’s obligation to respond to a Data Subject Request under Data Protection Laws. In addition, to the extent Client, in its use of Bluefin Services, does not have the ability to address a Data Subject Request, Bluefin shall upon Client’s request provide commercially reasonable efforts to assist Client in responding to such Data Subject Request, to the extent Bluefin is legally permitted to do so and the response to such Data Subject Request is required under Data Protection Laws. Unless prohibited under applicable law, Client shall be responsible for any costs arising from Bluefin’s provision of such assistance. 2.2. Data Protection Impact Assessments and Prior Consultations. Taking into account the nature of the Processing and information available to Bluefin, Bluefin shall assist Client with Client’s conduct of a data protection impact assessment and, if necessary, any prior consultations with Governmental Authorities arising out of any such assessment. 2.3. Audits and Inspections, Records. Bluefin shall, at Client’s reasonable request and sole cost and expense, make available all information reasonably necessary to demonstrate Bluefin’s compliance with applicable Data Protection Laws and otherwise contribute to audits and inspections carried out by or on behalf of Client (including any such inspection by a Governmental Authority following a Security Incident), if Client’s right to such information, audits and inspections are mandated by applicable Data Protection Laws. To the fullest extent possible, Client shall: (i) give Bluefin reasonable prior notice of any such audit; (ii) undertake such audit no more than once per calendar year, except for regulatory government compliance cause shown; and (iii) conduct or cause to be conducted such audit in a manner designed to minimize disruption of Bluefin’s normal business operations and that complies with the terms and conditions of all data confidentiality, ownership, privacy, security and restricted use provisions of the Agreement. Without limiting the foregoing, Bluefin shall maintain appropriate records of Processing activities under this Privacy Addendum, including, to the extent applicable, the information required to be maintained in such records under Article 30 of the GDPR or the UK GDPR or other applicable Data Protection Law, including CCPA, CPA, CTDPA, UCPA, and VCDPA, as applicable. 3. Security Requirements. 3.1. Bluefin Security Measures. Bluefin shall maintain appropriate technical and organizational measures for protection of the security, confidentiality, and integrity of Personal Data. Bluefin regularly monitors compliance with these measures. Bluefin will not materially decrease the overall security of Bluefin Services during the Term of the Agreement. 3.2. Destructive Elements. Bluefin shall take commercially reasonable measures designed to prevent the introduction into Bluefin Services of any software code that has or will have the effect of disabling, harming, or otherwise impeding in any manner the operation of Bluefin Services (e.g., via a virus, Trojan horse, worm, or backdoor) (collectively, "Destructive Elements") including by running a reputable, commercially available anti-virus-checking software program on Bluefin Services. 3.3. Confidentiality. As between the Parties, Personal Data shall be considered the confidential information of Client in accordance with the Agreement. Notwithstanding the foregoing, nothing set forth herein or in the Agreement shall prevent Bluefin from using data regarding Client’s and its users’ use of Bluefin Services in an aggregate and anonymized manner, including to compile statistical and performance information related to the use, provision and operation of Bluefin Services. Without limiting the foregoing or anything else in this Privacy Addendum or the Agreement, Bluefin shall ensure that access to Personal Data is limited to the Authorized Personnel and that such Authorized Personnel are subject to binding obligations of confidentiality (whether contractual, statutory, or otherwise) consistent with those set forth in the Agreement. 3.4. Client Security Measures. The security requirements do not limit Client’s responsibility for implementing and maintaining appropriate technical and organizational measures to protect the Personal Data and otherwise using Bluefin Services consistent with the Agreement and in a secure manner. 3.5. Disaster Recovery. Bluefin shall maintain, or cause to be maintained, disaster avoidance procedures designed to ensure that interruption to the Services during any disaster is minimized and/or that Bluefin Services may be restored promptly after such event; in each case, throughout the Term of the Agreement, and at all times in connection with its actual or required provision of Bluefin Services. 4. Personal Data Breach Procedures. 4.1. Notification. Bluefin maintains security incident management policies and procedures and shall notify Client without undue delay after becoming aware of any Security Incident. Bluefin will provide with such notification written details of the Security Incident, including (in each case to the extent known) the nature of the Security Incident, the categories and approximate number of Data Subjects concerned and the categories and approximate number of Personal Data records concerned, the name and contact details of the contact point where Client can obtain more information, the likely consequences of the Security Incident, and the measures taken or proposed to be taken to mitigate the effects of the Security Incident. 4.2. Mitigation. Bluefin shall (a) make reasonable efforts to identify the cause of such Security Incident; (b) take those steps Bluefin Master Services Agreement Addendum CONFIDENTIAL as Bluefin deems necessary and reasonable in order to remediate the cause of such a Security Incident to the extent the remediation is within Bluefin’s reasonable control and shall provide Clients with timely updates in connection with the Security Incident; and (c) without limiting the notification requirements, provide timely information and cooperation as Client may require to fulfill Client’s data breach reporting obligations under the Data Protection Laws or to comply with or respond to any inquiries by a Governmental Authority or any lawsuit arising from the Security Incident, including without limitation, collecting and preserving evidence pertaining to the Security Incident and the investigation conducted by Bluefin. To the extent permitted under applicable law or order, Bluefin may withhold information that it deems confidential or over which it intends to assert attorney-client or similar privilege or protection. 4.3. Disclosure. Unless otherwise required by applicable law, Bluefin shall not disclose to third parties any information about a Security Incident involving Personal Data without prior written and express permission from Client for such disclosure; provided, however, nothing herein should be construed to prevent Bluefin from publicly acknowledging or disclosing the occurrence of a Security Incident, provided Bluefin does not identify Client in the applicable communication to third parties. If Bluefin is required to disclose pursuant to applicable law, Bluefin will, unless legally prohibited from doing so, notify Client prior to such disclosure. 5. Certain Cross-Border Data Transfers. 5.1. Location of Processing. Client acknowledges that Bluefin may Process Personal Data outside of the European Economic Area (the "EEA"), the United Kingdom, and Switzerland (collectively, the "EU+ Territories") and may engage Sub-processors that Process Personal Data outside the EU+ Territories. Client expressly agrees to such Processing and to the transfer of Personal Data from within the EU+ Territories to jurisdictions outside of the EU+ Territories, including to countries not recognized by the European Commission or other applicable Government Authority as providing an adequate level of protection for Personal Data (as described in Article 45 of the GDPR, the UK GDPR, or the FADP, as applicable). Each such transfer shall be subject to the Standard Contractual Clauses. 5.2. Standard Contractual Clauses. (i) The Standard Contractual Clauses apply only to Personal Data that is transferred from the EEA, the United Kingdom (subject to the UK Addendum), Switzerland (subject to Section 5.2(iv) below), or any other jurisdiction that recognizes the Standard Contractual Clauses as a lawful transfer mechanism, either directly or via onward transfer, to any country or recipient: (a) not recognized by the European Commission or other applicable Government Authority as providing an adequate level of protection for Personal Data (as described in Article 45 of the GDPR, the UK GDPR, or the FADP, as applicable) and (b) not covered by a suitable framework recognized by the relevant authorities or courts as providing an adequate level of protection for Personal Data. The Standard Contractual Clauses (including, if applicable, the UK Addendum and/or the modifications pursuant to Section 5.2(iv) below) are hereby incorporated by reference with respect to each applicable transfer. (ii) To the extent the Parties rely on the Standard Contractual Clauses (with or without the UK Addendum and/or the modifications pursuant to Section 5.2(iv) below), by executing this Addendum, the Parties are deemed to be signing the Standard Contractual Clauses, including Annex I.A thereto and, if applicable, the UK Addendum and/or the modifications pursuant to Section 5.2(iv) below. The Standard Contractual Clauses are deemed completed as follows: • Client is the data exporter, Bluefin is the data importer, and their respective contact information is set forth in Exhibit A (Sections 1 and 2, respectively) to this Privacy Addendum. • Module Two (Transfer Controller to Processor) applies to transfers occurring pursuant to this Addendum. • Clause 7 (Optional Docking Clause) does not apply. • Clause 8.9 (Documentation and Compliance): the Parties agree that audits and requests for audits pursuant to Clause 8.9 shall be done in accordance with Section 2.3 of this Addendum. • Clause 9(a) (Use of Sub-processors): the Parties elect Option 2 (General Written Authorization) with a 10-day notice period. The data exporter consents to the data importer's engagement of Sub-processor(s) in accordance with Section 1.5 of this Addendum. • Clause 11(a) (Redress): the optional section does not apply. • Clause 17 (Governing Law): the Parties elect Option 1 and agree that the Standard Contractual Clauses shall be governed by the laws of Ireland. • Clause 18(b) (Choice of Forum and Jurisdiction): the Parties agree that any dispute arising from the Standard Contractual Clauses shall be resolved by the courts of Ireland. • Exhibit A (Section 3) to this Addendum will apply to Annex 1. • Exhibit A (Section 4) to this Addendum will apply to Annex 2. (iii) Ex-UK Transfers. In addition to the Standard Contractual Clauses, as completed pursuant to Section 5.3(ii), Personal Data transfers from the United Kingdom to a country or recipient described in Section 5.3(i) shall be governed by the UK Addendum, completed as follows: • For the purposes of Table 1 of the UK Addendum, the parties' details and contact information are set forth in Sections 1 and 2 of Exhibit A to this Addendum, and the start date shall be deemed the same Bluefin Master Services Agreement Addendum CONFIDENTIAL date as the Standard Contractual Clauses. • For the purposes of Table 2 of the UK Addendum, the version of the Standard Contractual Clauses to which the UK Addendum applies is Module Two (Transfer Controller to Processor), and Section 5.3(ii) describes the selection of applicable optional provisions. • For the purposes of Table 3 of the UK Addendum, the list of parties and description of the transfer are as set out Sections 1 through 3 of Exhibit A of this Addendum, Bluefin’s technical and organizational measures are set forth in Section 4 of Exhibit A, and the list of Bluefin’s sub-processors shall be provided pursuant to Section 1.5 of this Addendum. • For the purposes of Table 4 of the UK Addendum, neither party will be entitled to terminate the UK Addendum in accordance with clause 19 of Part 2: Mandatory Clauses thereof. (iv) Ex-Switzerland Transfers. In addition to the Standard Contractual Clauses, as completed pursuant to Section 5.3(ii), Personal Data transfers from Switzerland to a country or recipient described in Section 5.3(i) shall be governed by the Standard Contractual Clauses, modified as follows: • The parties adopt the GDPR standard for all data transfers. • For competent supervisory authority under Clause 13, the parties choose the supervisory authority identified in Section 3 of Appendix A insofar as the data transfer is governed by the GDPR and the Federal Data Protection and Information Commissioner insofar as the data transfer is governed by the FADP. • The term “member state” in the Standard Contractual Clauses shall not be interpreted in such a way as to exclude data subjects in Switzerland from the possibility of suing for their rights in their place of habitual residence (Switzerland) in accordance with Clause 18 c. • The Standard Contractual Clauses also protect the data of legal entities to the extent set forth in the FADP until the entry of the force of the revised FADP on 1 January 2023. 5.3. Conflict. In the event of any conflict or inconsistency between this Privacy Addendum and the Standard Contractual Clauses, the Standard Contractual Clauses shall prevail. 6. Liability. Each Party's and all of its Affiliates' liability, taken together in the aggregate, arising out of or related to this Privacy Addendum, whether in contract, tort or under any other theory of liability, is subject to the "Limitation of Liability" section of the Agreement, and any reference in such section to the liability of a Party means the aggregate liability of that Party and all of its Affiliates under the Agreement and this Privacy Addendum taken together. 7. Definitions. Capitalized terms used but not defined in this Privacy Addendum have the meanings given in the Agreement. Additionally, the following definitions apply to this Addendum: 7.1. "Authorized Personnel" means Bluefin’s employees, subcontractors, or independent contractors who have a need to know or otherwise access Personal Data to enable Bluefin to perform its obligations under the Agreement. 7.2. "Data Controller" means the natural or legal person, public authority, agency, or any other body which alone or jointly with others determines the purposes and means of the Processing of Personal Data. 7.3. "Data Processor" means a natural or legal person, public authority, agency or any other body which Processes Personal Data on behalf of the Data Controller. 7.4. "Data Protection Laws" means, as in effect from time to time, the laws and regulations, including laws and regulations of the United States, European Union, the European Economic Area and their member states, Switzerland, and the United Kingdom, applicable to the Processing of Personal Data under the Agreement. With respect to Processing within its respective scope, Data Protection Laws include specifically Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the "GDPR"); with respect to the United Kingdom, the GDPR as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of Section 3 of the European Union (Withdrawal) Act 2018 (the "UK GDPR"), the United Kingdom Data Protection Act 2018; with respect to Switzerland, the Federal Act on Data Protection of 19 June 1992, as revised effective 1 January 2023 (the “FADP”), and with respect to United States, California Consumer Privacy Act of 2018 (the “CCPA”), Colorado Privacy Act, Colo. Rev. Stat. § 6-1-1301 et seq. (“CPA”), Personal Data Privacy and Online Monitoring Act (“CTDPA”), Utah Consumer Privacy Act (“UCPA”), and Virginia Consumer Data Protection Act (“VCDPA”). In the event of contradictions between the legal acts, the provisions of the GDPR take precedence. 7.5. "Data Subject" means the identified or identifiable natural person to whom Personal Data relates. 7.6. "Governmental Authority" means any federal, state, local or foreign government or political subdivision thereof, or any agency or instrumentality of such government or political subdivision, or any quasi-governmental authority (to the extent that the rules, regulations or orders of such organization or authority have the force of law), or any arbitrator, court or tribunal of competent jurisdiction, in each case, to the extent such Governmental Authority has jurisdiction and authority over the applicable person, entity or subject matter. 7.7. "Process" or "Processing" means any operation or set of operations performed upon Personal Data, whether or not by automatic means, such as collection, compilation, use, disclosure, duplication, organization, storage, alteration, transmission, Bluefin Master Services Agreement Addendum CONFIDENTIAL combination, redaction, erasure, or destruction. 7.8. "Security Incident" means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data transmitted, stored, or otherwise Processed. 7.9. "Standard Contractual Clauses" means the standard contractual clauses as set forth in the Annex to the Commission Implementing Decision (EU) 2021/914 of 4 June 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council (available at: https://eur- lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32021D0914&qid=1623192961660), completed as described in this Addendum. Upon effectiveness (as determined by the European Commission) of any amendments or replacements, the 2021 Standard Contractual Clauses shall be deemed to include such amendments and/or replacements to the extent applicable to the activities described in this Privacy Addendum. 7.10. "Sub-processor" means any further Data Processor engaged by Bluefin in its capacity as Data Processor under this Addendum. 7.11. "UK Addendum" means the International Data Transfer Addendum to the EU Commission Standard Contractual Clauses, template version B1.0, issued by the UK's Information Commissioner's Office and laid before Parliament under Section 119A(1) of the Data Protection Act 2018 on 2 February 2022, and entering into force on 21 March 2022. Bluefin Master Services Agreement Addendum CONFIDENTIAL Exhibit A to Data Processing Addendum Processing Information 1. Client City of Rancho Cucamonga Address: 12505 Cultural Center Drive, Rancho Cucamonga, CA 91739 Tel.: 909-477-2700 x 2439 e-mail: Salina.Bernardino@cityofrc.us Role: Senior Accountant, Finance Tel.: 909-477-2700 x 2450 e-mail: Emilio.Chairez @cityofrc.us Role: Account Clerk, Finance 2. Bluefin Bluefin Payment Systems LLC Address: 8200 Roberts Drive, Suite 400, Atlanta, Georgia 30350 Tel.: 800-675-6573 e-mail: legal@bluefin.com If applicable, Representative in the EU: Role: 3. Details of Processing: Financial transactions during the Term of the Agreement 4. Data Importer's Technical and Organizational Measures CERTIFICATIONS Bluefin has the following certifications: PCI/DSS (Level-1 Service Provider) PCI/P2PE Solution Provider SOC2, Type II HIPPA SECURITY CONTROLS Bluefin maintains the following information security controls: Bluefin Master Services Agreement Addendum CONFIDENTIAL SECURITY AREAS ID BLUEFIN SECURITY MEASURES FOR PERSONAL DATA PROTECTION 1. NETWORK AND SYSTEMS SECURITY 1.1 Firewall and router configurations are in place to restrict the traffic, inbound and outbound, from “untrusted” networks (including wireless) and systems. Deny all other traffic except for protocols necessary for the personal data environment (PDE). 1.2 Web application firewalls are in place in front of web servers belonging to PDE, to verify and validate the traffic which is directed to the server. Any unauthorized service or traffic is blocked and logged to a central sys-logging system for alerting and appropriate management (analysis and remediation). 1.3 Security hardening configurations (through templates) are applied for Bluefin assets (e.g. databases, applications, operating systems) that process personal data so as to allow only the services strictly necessary for the activities in scope. 1.4 Personal data is protected against the risk of intrusion (e.g. IPS, IDS) and malware by implementing endpoint protection technology which is updated with new signatures as available. 1.5 Periodic software updates (e.g. patching of client and server operating systems and basic applications) are performed following best practices, on a monthly basis, and critical and high security patches are installed promptly. 1.6 Monthly internal and external Vulnerability assessment (VA) scans and yearly internal and external penetration test (PT) are performed on the systems used to fulfil the Data Sharing Agreement. The discovered vulnerabilities and the finding are managed appropriately (analysis, standard classification of vulnerabilities, and remediation, including mitigation actions according to criticality, timely performed). Remediation of scan results are audited by 3rd party assessors. 2. DATA SECURITY 2.1 Personal data retention time is limited to the extent necessary for each service provided in compliance with legal and/or regulatory obligations in force. 2.2 For the erasure of data no longer necessary for the service provided and for the decommissioning of assets, irreversible and secure clean-up procedures are in place, to remove all personal data and/or overwrite in a secure and non-reversible way before disposal or re-use. Where secure erasure is not feasible, the media is destroyed or rendered unusable, following best practices and standards and a certification of destruction is obtained. 2.3 Paper documents that contain personal data are physically destroyed (shredded) or disposed of via a managed document destruction service. . 2.4 Production data (real data) is processed and maintained only within the production environments. QA, Development, Test, UAT 3 environments are never utilized to process (real) personal data. 2.5 Personal data is encrypted or obfuscated (masked) when stored on portable digital media, backup media, log files. 2.6 The number of personal data repositories (e.g. databases, files, copies, archives) is minimized, avoiding unnecessary duplication. 2.7 Transmission of personal data over open, public or untrusted networks is protected by strong cryptography and the use of secure protocols. Where channel encryption (e.g., TLS 1.2 or higher) is not feasible, files and attachments containing personal are protected by encryption whenever they are transmitted over open, public or untrusted networks. 2.8 Security tools are used to monitor and control the flow of personal data through endpoints and towards external networks. 2.9 Database / data storage encryption is in place based upon classification of the data in scope. Either encryption or pseudo randomization is utilized to protect personal data to the appropriate granularity (e.g., at database / file or table level). 2.10 Personal data is not copied to removable media, except to those media expressly authorized by the Data Exporter for specific tasks (linked to the measure 2.5). 2.11 Personal data in storage (at rest) is protected by encryption when stored by Cloud Providers and/or other Third Parties Data Processors. Any use of cloud services is evaluated and approved by the Controller before adoption. 2.12 Media (removable and non-removable) containing personal data is protected against unauthorized access, through adequate physical and logical security measures. Bluefin Master Services Agreement Addendum CONFIDENTIAL SECURITY AREAS ID BLUEFIN SECURITY MEASURES FOR PERSONAL DATA PROTECTION 2.13 Employees are educated and trained on the correct rules of conduct for the protection of personal data contained in paper documents (example: when leaving the workstation to make sure that nobody can access confidential information, protect the original documents and the photocopies from theft or unauthorized use, keep the documentation in locked drawers and closets at the end of the working session). 2.14 Paper based documents containing special categories of personal data or data related to criminal convictions are stored within physical archives whose access is properly controlled (e.g., badges, surveillance, previous authorization, etc.) 2.15 Access to physical archives containing paper-based documents is granted and permitted only to authorized persons. 3. DATA AVAILABILITY 3.1 Proper procedures are in place in order to guarantee the availability of personal data (as a right of the data subject) in a timely manner. Daily encrypted Back-ups of data are made to ensure availability of personal data. Recovery Point Objective and Recovery Time Objective are suitable for the related business requirements. 4. IDENTITY AND ACCESS MANAGEMENT 4.1 Access authorization to production environments containing personal data, is granted according to the "need to know" and “least privilege” principles. 4.2 Policies and procedures are implemented to ensure the proper identification of users and administrators accessing system components managing personal data. Each user is assigned a username before allowing access to the authentication systems and personal data. Each username identifies only one person. 4.3 Individual remote administrative access to systems managing personal data is protected by authentication system requiring password changes at least every 90 days. Additionally, password manager tools (tool ad hoc) maybe used to ensure credential security (linked to the measure 4.6). 4.4 Passwords for systems and devices managing personal data are complex (at least eight characters, uppercase, lowercase letters, numbers and special characters enforced) and not easily attributable to the user, and they are changed at least every three months. 4.5 System resources and access right are uniquely assigned to each user account. 4.6 Remote access (from external networks) to the environment processing personal data is protected by means of multi-factor authentication. 4.7 All access to databases containing personal data is protected / controlled in order to guarantee the principles of "need to know", "least privilege" and traceability. 4.8 Users’ access rights to personal data is reviewed / re-validated at regular intervals and in no case longer than annual review – as per the regular Identity and Access Management process. 5. LOGGING AND MONITORING 5.1 Access to production environments containing personal data, and access to personal data in general is monitored and logged via a non-reputable logging mechanism uniquely identifying the individual user accessing personal data. Furthermore, monitoring is carried out in order to prevent and detect threats to the security of personal data. 5.2 Each access to personal data (consultation, modification, deletion, insertion) is logged by recording the minimum information required to reconstruct the access modalities and allow monitoring on the system, recording at least: - User identification - Type of event - Date and Time - Success or failure indication - Source of event - Identity of affected data (identifier of the interested person), system component, or resource. 6. ORGANISATION AND HUMAN SECURITY 6.1 Procedures are in place to guarantee the continuous availability of personal data: back- up personnel exist to ensure the continuity of the service to the data subject willing to access their own personal data. 6.2 A formal security awareness program is implemented, to make all personnel aware of policy and procedures related to personal data security. For example, periodic tests or Bluefin Master Services Agreement Addendum CONFIDENTIAL SECURITY AREAS ID BLUEFIN SECURITY MEASURES FOR PERSONAL DATA PROTECTION simulations may be performed, to assess whether employees click on a link from suspicious e-mail or provide personal / sensitive information without following appropriate security procedures to verify the reliability of the source. Follow-on targeted training is provided to those employees failing any test. 6.3 Clear contractual agreements are signed-off with any sub-suppliers of services to state their responsibility for the security of personal data they process / store / transmit on behalf of Bluefin. These agreements reflect at least the instructions and measures indicated in this document. 6.4 Employee responsibilities and duties on the confidentiality of personal data are clearly stated; further, these continue after the termination or change of employment. 7. DATA PROTECTION BY DESIGN 7.1 Processes and tools for the Secure Software Development Lifecycle (SDLC) are integrated with appropriate security check / controls and requirements, in order to ensure that new software / applications are designed and developed utilizing the concepts of embedded security. 7.2 Change Management processes are integrated with appropriate security check / controls and requirements, to ensure the continuous protection of software / applications in place, upon relevant changes. Exceptions detected by the checks / controls are classified, and appropriately managed based on criticality (with remediation and mitigation actions according to criticality, performed in a timely manner). 8. PERSONAL DATA BREACH NOTIFICATION 8.1 Processes and tools for Incident Management are in place to enable the detection and classification of personal data breaches so that they are correctly communicated to the Controller within the terms established. 8.2 A specific register of personal data breaches is created and maintained. Sub-processors (IF APPLICABLE) Subprocessor Country Service [SIGNATURES ON THE NEXT PAGE] Bluefin Master Services Agreement Addendum CONFIDENTIAL IN WITNESS WHEREOF, the Parties have executed to this Privacy Addendum to the Agreement as of the last date written below. Bluefin Payment Systems LLC City of Rancho Cucamonga By: By: Name: John M. Perry Name: L. Dennis Michael Title: President and CEO Title: Mayor, City of Rancho Cucamonga Date: __________________________ Date: ____________________________ By: ____________________________ Name: Wess Garcia Title: Library Director Date: ____________________________ RECOMMENDATION: To accept a single source procurement for secure payment gateway provider Bluefin Payment Systems LLC (Bluefin) to serve as the credit card processing service for the Lewis Family Playhouse (LFP) and Randall Lewis Second Story and Beyond® (SSAB). BACKGROUND: Through a competitive bid, on September 6, 2023, the City of Rancho Cucamonga awarded and approved the use of AudienceView Ticketing Corporation for the Lewis Family Playhouse and Randall Lewis Second Story and Beyond®. Bluefin serves as the main secure payment gateway partner for AudienceView and is required as part of the AudienceView platform integration. ANALYSIS: Bluefin is one of only two compatible secure payment gateway providers that can process credit card transactions and successfully communicate between the AudienceView ticketing platform and the City of Rancho Cucamonga’s internal merchant services and payment platform, Elavon. The alternative provider, PayPal is significantly more expensive per transaction while providing less value in the form of security and encryption. FISCAL IMPACT: The cost of services provided by Bluefin will be based on the number of credit card transactions generated by the Lewis Family Playhouse and Randall Lewis Second Story and Beyond®. Based on general estimates of a combined ,000 credit card transactions annually, we anticipate $7,700 in cost per 12-month period. Adequate funds are available in the adopted Fiscal Year 2023-2024 Budget from the General Fund (001) and the Library Capital Fund (329) for any costs incurred in this current fiscal year. COUNCIL GOAL(S) ADDRESSED: Providing superior services to residents enhances the overall quality of life in Rancho Cucamonga and will support the City Council Core Values to build and preserve the City’s family-oriented atmosphere and intentionally embrace and anticipate the future. ATTACHMENTS: Attachment 1 – City of RC Master Services Agreement PayConex Page 1 of 1 DATE: January 2, 2024 TO: Ruth Cain, Purchasing Manager FROM: Jason Castellanos, Technology Services Supervisor, Library INITIATED BY: Wess Garcia, Library Director SUBJECT: Single Source Justification for secure payment gateway provider Bluefin Payment Systems LLC to serve as the credit card processing service for the Lewis Family Playhouse and Randall Lewis Second Story and Beyond®. MEMORANDUM Library Services ATTACHMENT 3 RECOMMENDATION: To accept a single source procurement for secure payment gateway provider Bluefin Payment Systems LLC (Bluefin) to serve as the credit card processing service for the Lewis Family Playhouse (LFP) and Randall Lewis Second Story and Beyond® (SSAB). BACKGROUND: Through a competitive bid, on September 6, 2023, the City of Rancho Cucamonga awarded and approved the use of AudienceView Ticketing Corporation for the Lewis Family Playhouse and Randall Lewis Second Story and Beyond®. Bluefin serves as the main secure payment gateway partner for AudienceView and is required as part of the AudienceView platform integration. ANALYSIS: Bluefin is one of only two compatible secure payment gateway providers that can process credit card transactions and successfully communicate between the AudienceView ticketing platform and the City of Rancho Cucamonga’s internal merchant services and payment platform, Elavon . The alternative provider, PayPal is significantly more expensive per transaction while providing less value in the form of security and encryption. FISCAL IMPACT: The cost of services provided by Bluefin will be based on the number of credit card transactions generated by the Lewis Family Playhouse and Randall Lewis Second Story and Beyond®. Based on general estimates of a combined 51,000 credit card transactions annually, we anticipate $7,700 in cost per 12-month period. Adequate funds are available in the adopted Fiscal Year 2023-2024 Budget from the General Fund (001) and the Library Capital Fund (329) for any costs incurred in this current fiscal year. COUNCIL GOAL(S) ADDRESSED: Providing superior services to residents enhances the overall quality of life in Rancho Cucamonga and will support the City Council Core Values to build and preserve the City’s family -oriented atmosphere and intentionally embrace and anticipate the future. ATTACHMENTS: Attachment 1 – City of Rancho Cucamonga MSA PayConex [Confidential] Page 1 of 1 DATE: January 2, 2024 TO: Ruth Cain, Purchasing Manager FROM: Jason Castellanos, Technology Services Supervisor, Library INITIATED BY: Wess Garcia, Library Director SUBJECT: Single Source Justification for secure payment gateway provider Bluefin Payment Systems LLC to serve as the credit card processing service for the Lewis Family Playhouse and Randall Lewis Second Story and Beyond®. MEMORANDUM Library Services ATTACHMENT 2 Page 115 DATE:March 20, 2024 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Shelly Munson, Director of Innovation and Technology Lilyan Villarreal, Deputy Director of Innovation & Technology SUBJECT:Consideration to Approve a Contract with ECS Imaging Utilizing a Cooperative Contract through OMNIA Partners for Laserfiche, Document and Records Management Software Solution and for Priority Support Services in the Amount of $116,600. (CITY) RECOMMENDATION: Staff recommends the City Council approve the use of the OMNIA Partners, Region 14 ESC-TX #01-158 Cooperative Agreement for the procurement of Laserfiche, document and records management software, along with Priority Support Services, not to exceed $116,600 in total value through the expiration of the agreement on November 30, 2025. BACKGROUND: The City uses Laserfiche software solution to maintain the City’s documents such as contracts, agreements, approved plans, and other essential documentation. The software facilitates the process of storing and indexing various documentation along with simplifying the retrieval of needed information. Laserfiche enables the City to effectively and efficiently maintain organization of all of its paperwork. The City Clerk Services Department uses Laserfiche to gather the essential documentation in one central repository. Across the City, departments use it to look for necessary information and documentation retrieval. Additionally, the City makes use of its ability to create forms to gather needed input from various stakeholders such as City staff or the public. The software has the ability to build in workflows, which automatically moves documents along to the necessary staff members. ANALYSIS: In 2019, the Department of Innovation & Technology posted a request for bid to purchase the Laserfiche software license. The contract recently fulfilled its five year term. In order to renew the license, the City will need to sign a new agreement. To ensure a smooth transition and continuity of services, it is recommended to contract with a Laserfiche premier partner. A premier partner is a vendor that has been vetted by Laserfiche and is an authorized reseller of the license. Additionally, it is recommended to use the OMNIA Partners cooperative agreement. OMNIA Partners provides public sector participants access to purchasing contracts with leading national suppliers, delivering volume discounts, and streamlined procurement process for technology products and services. The contract was awarded based on pricing, ability to service the contract, references, technology, and value-added products and services. It is recommended to award the contract to ECS Imaging, Inc., as they are a Laserfiche premier partner, who was listed as an approved reseller in the OMNIA Partners cooperative agreement. Page 116 Page 2 2 2 6 6 DoIT reviewed the Master Agreement with the City’s Procurement Division and has determined that the terms and process of the contract meet the City’s procurement standards. FISCAL IMPACT: The Laserfiche contract was included in the FY23/24 Adopted Budget and therefore no additional funds will be required. Staff will request funds through the City’s annual budget process to cover the cost of post-annual renewals with an expected increase of 5% year-over-year. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This item addresses the City Council’s Core Value of intentionally embracing and anticipating our future. ATTACHMENTS: Attachment 1 – ECS Imaging, Inc. Quote 02022024 Page 117 Quote Avante Quotation For Quote Info Q4 2022 V.2 Name: Date: 1/13/2023 Company: Quote Number: 11323 Phone: Valid Through 3/30/2023 E-mail: Terms: net 20 Account Manager: Debbi Bodewin Phone: x1109 E-mail: Debbi@ecsimaging.com Description of Product and Services Software Annual Maintenance and Licensing SKU Unit Price Quantity Line Total MSE30B 1,000.00$ 1 1,000.00$ MNF16B 120.00$ 31 3,720.00$ MPPMB 7,000.00$ 1 7,000.00$ MSA30B 200.00$ 1 200.00$ MPARB 70.00$ 35 2,450.00$ MPFRMB 1,600.00$ 1 1,600.00$ MFRM16B 10.00$ 31 310.00$ MACLA 3,000.00$ 2 6,000.00$ $ (2,500.00)Annual Maintenance Subtotal 19,780.00$ Hardware SKU Unit Price Quantity Line Total Hardware Subtotal -$ Professional Services SKU Rate Quantity Line Total Professional Services Subtotal -$ Special Terms Subtotal 19,780.00$ Tax Rate 0.000%Tax -$ Software is only available via download and is not subject to CA sales tax Shipping -$ Discount Total 19,780.00$ Billing Terms: Annual Priority Support Contract Includes SKU Unit Price Quantity Line Total ECSGOLD 175.00$ 40 7,000.00$ *ECS GOLD Priority Support Description Laserfiche Forms Portal Add-on LSAP Laserfiche Forms Professional LSAP Laserfiche Keyed Integrator's License - Accela (25 connections) Laserfiche Avante Additional Repository for MS SQL LSAP Laserfiche Avante Forms Participant User + Read Only LSAP Laserfiche Named Full User w/Web Access, Snapshot, & Email LSAP Laserfiche Midsized Public Portal (50 retrieval user licenses) LSAP Laserfiche Avante Server for MS SQL with Workflow LSAP Description Hardware Return Policy: Unopened boxed hardware may be exchanged for a full cash or credit refund within 7 days - a 15% restocking fee may apply. Defective hardware will be exchanged for a replacement per the terms and conditions specified on the product warranty card. Description Annual Maintenance Discount Description ○ Maximum 4 Hour Response Time - Upgraded from 24 hours with traditional LSAP support ○ Live Hours of support are 7:30am - 5:00pm PST M-F ○ Unlimited Phone and E-mail Support ○ On-site time is calculated to the nearest half hour and minimum onsite calculation is between 2-8 hours depending on the location ○ On-site time can be used for remedial training, installing updates, and consulting, in addition to support ○ ECS may allow planned after hours support in rare circumstances. In these circumstances Priority Support will be billed at double the hourly rate. ○ Two free admissions to the ECS Annual Customer Conference along with Free Admission to Quarterly User Groups ○ Monthly E-Newsletter ○ On-site/remote support hours included as quoted. On-site within next business day as needed. Additional hours of support purchased at a discounted hourly rate. Customers not under this plan can purchase on-site hours at $250/hour with a 1 hour minimum for remote support, and an 8 hour minimum onsite charge in addition to travel expenses. Software Only (Download Only) Gold Support listed below. Currently is a separate agreement *Hardware, Software, Maintenance, Gold Hours & Projects billed 100% at project start. *Services billed 50% up front minimally w/ remaining Services as incurred." *Standard Processing fee added to credit card payments." 877-790-1600 5905 Brockton Ave. Ste. C Riverside, CA 92506 www.ECSImaging.com Existing Avante system expires 3-30-23. Additionally ECS will provide Empower passes, online Laserfiche Certification courses, and ongoing monthly training events at no cost. Avante includes Workflow and Forms Essentials Kramer Sanders City of Rancho Cucamonga Page 118 DATE:March 20, 2024 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Jennifer Hunt Gracia, Community Services Director SUBJECT:Consideration of Approval to Exercise Option of Extending Contract No. 19-072 with SMG – Rancho Cucamonga Premier Food Services LLC Original Agreement by One (1) Year Until May 20, 2025. (CITY) RECOMMENDATION: Staff recommends City Council approve an extension of the May 20, 2019 Agreement for Professional Services for Catering and Concession Services Contract 19-072 with SMG – Rancho Cucamonga Premier Food Services LLC, extending the five (5) year term, entered into on May 20, 2019, for one (1) year through May 20, 2025. BACKGROUND: On May 20, 2019, the City Council authorized a five (5) year agreement, Contract 19-072, with Premier Food Services LLC (SMG) to provide exclusive catering services at Victoria Gardens Cultural Center with the option to mutually add two 1-year terms. On September 15, 2021, the City Council authorized a one (1) year agreement, Amendment No. 1, to Contract 19-072, with SMG Rancho Cucamonga Premier Food Services LLC (SMG) to provide comprehensive management and operations of the Celebration Hall, Imagination Courtyard, Black Box Theatre and Main Street Lobby spaces at a cost of $20,000 per month or 25% of all gross receipts per month from room rentals, catering, etc. On September 14, 2022, City Council authorized a three (3) month extension, Amendment No. 2, to the aforementioned leased agreement, which expired on December 31, 2022. On January 18, 2023, City Council authorized a one (1) month extension, Amendment No. 3, to the aforementioned lease agreement, which expired on January 31, 2023. On January 24, 2023, City Council authorized a five (5) month extension, Amendment No. 4, to the aforementioned lease agreement, which will expire on May 20, 2024. The Amendment includes a reduced payment rate, after which SMG will no longer provide comprehensive management and operations, and the original contract scope resumes. ANALYSIS: Staff is recommending City Council approve the extension of the term of Contract 19-072 for one (1) additional year with SMG for catering and concession services at the Victoria Gardens Cultural Center based on their consistency and reliability to meet the needs for food and beverage service while maintaining a high quality of service to the residents. Page 119 Page 2 2 2 6 2 Copies of all supporting documents are on file with the City Clerk’s Office. FISCAL IMPACT: The approval of this contract extension is expected to provide revenue to the City, which will be reinvested in community recreation and cultural programming. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This project supports the City Council’s Core Value of providing and nurturing a high quality of life for all by making the City’s facilities available for events and generating new revenue to the City for enhanced community programming. ATTACHMENTS: None. Page 120 DATE:March 20, 2024 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Matt Marquez, Planning and Economic Development Director Flavio Nunez, Management Analyst II SUBJECT:Consideration of Approval and Execution of a Purchase and Sale Agreement Between the City of Rancho Cucamonga and San Bernardino County Transportation Authority (SBCTA) for Property Commonly Known as 7089 Etiwanda Avenue, APN 0227-121-56-0-000 and Authorize the Appropriation and Expenditure of Funds for the Purchase of Vacant Land in the Amount of $1,315,300.00 from Capital Reserve Fund 025. (CITY) RECOMMENDATION: Staff recommends the City Council approve the Purchase and Sale Agreement and authorize an appropriation from Capital Reserve Fund (025) in the amount of $1,315,300.00 for the acquisition of vacant land located at 7089 Etiwanda Avenue (Subject Property), related due diligence and closing costs and authorize the City Manager to execute documents related to the purchase of the property. BACKGROUND: In 2001, the City entered into a Lease Agreement with San Bernardino County Transportation Authority (SBCTA) for the Subject Property for the purpose of establishing a trailhead along the Pacific Electric Trail and eventual rehabilitation and restoration of the historic Etiwanda Depot structure. In 2010, .54 acres of the Subject Property were acquired by the City which included the Etiwanda Depot structure from SBCTA. In addition, the Lease Agreement was amended to extend the lease term, add a right of first refusal to allow the City to purchase the balance of the Subject Property and make other agreed upon modifications to the lease. ANALYSIS: In August 2023, SBCTA determined the Subject Property to be surplus and agreed to sell the property to the City. Both the City and SBCTA have agreed to a purchase price for the fair market value of $1,300,000.00 based on an appraisal report dated April 21, 2023. Acquisition of the Subject Property will allow the City to properly plan for the rehabilitation, and adaptive reuse of the Etiwanda Depot structure and surrounding property. As a national historic landmark, the City is all but prohibited from undertaking development that does not preserve the cultural resources on the site. Page 121 Page 2 2 2 7 2 FISCAL IMPACT: Funds for the purchase of the property will be appropriated from the Capital Reserve Fund (025) in the amount of $1,315,300.00 into account 1025001-5600 for the purchase price, title and escrow fees, and environmental assessment of the site. A summary of the cost associated with the acquisition of the property are outlined below. DESCRIPTION COST Purchase Price $ 1,300,000.00 Title Insurance (ALTA Policy)$ 3,800.00 Estimated Closing Cost $ 5,000.00 Environmental Investigation $ 6,500.00 Total $ 1,315,300.00 COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: Acquisition of the Subject Property achieves the City Council’s goal to enhance the City’s premier community status. As the City matures there is less developable land that allows the City to expand services and protect cultural resources. The acquisition of the property will enhance Rancho Cucamonga’s position as a premier community in the region and allow for historic resources to be preserved. In fact, RC-4.5 of the City’s General Plan encourages the feasible rehabilitation and adaptive reuse of older buildings. ATTACHMENTS: Attachment 1 – Location Map Attachment 2 – Purchase and Sale Agreement Page 122 Location Map Subject Property Etiwanda Depot Property Attachment 1 Page 123 -1- 11231-0001\2923647v2.doc AGREEMENT FOR PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS This AGREEMENT FOR PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS (“Agreement”) is dated as of _________________, 2024, and is entered into by and between SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (or “SBCTA”), a public agency existing under the laws of the State of California (“Seller”), and CITY OF RANCHO CUCAMONGA (“Buyer”). Buyer and Seller are sometimes individually referred to herein as “Party” and collectively as the “Parties”. RECITALS A.Pursuant to Resolution No. 24-004, adopted by SBCTA on September 6, 2023, the real property identified and described in Section 1 below is excess to SBCTA’s needs and has been declared to be Exempt Surplus Land. B.Disposition of such real property at fair market value has been authorized, subject to the terms and conditions set forth in this Agreement. In consideration of $10 paid by Buyer to Seller, the mutual covenants contained herein, and other valuable consideration, the adequacy of which is hereby acknowledged, the Parties agree as follows: AGREEMENT 1.Sale of Property. Seller shall sell to Buyer, and Buyer shall purchase from Seller, at the price and upon the terms and conditions hereinafter set forth, a fee interest in the land described in Exhibit A of the Quitclaim Deed attached hereto as Exhibit 1 and any improvements on such land free of all rights of way and easements in favor of SBCTA (hereinafter collectively referred to as the “SBCTA Parcel” or the “Property”). 2.Purchase Price. The purchase price for the SBCTA Parcel shall be One Million Three Hundred Thousand Dollars ($1,300,000) (“Purchase Price”). Buyer shall deposit the Purchase Price, by cashier’s or certified check or by wire transfer, into the Escrow (defined in Section 3.1 below) for the purchase at least one (1) business day prior to the estimated closing date. (The deadline for the closing, or “Closing Deadline”, is described in Section 3.2 below.) 3.Escrow. No later than five (5) business days after the execution of this Agreement, Buyer and Seller shall deliver a copy of this executed Agreement to, and open an escrow (“Escrow”) with, Commonwealth Land Title Company, 601 South Figueroa Street, Suite 4000, Los Angeles, CA 90017, Attn: Crystal Levas (213/330-3059) (“Escrow Holder”). Escrow Holder shall notify Buyer and Seller, in writing, of the escrow number for the Escrow. The deposit with Escrow Holder of a copy of a fully executed original (or copies of executed counterpart originals) of this Agreement shall constitute authorization and instruction to Escrow Holder to act in accordance with the terms of this Agreement. The parties may submit additional escrow/closing instructions consistent with this Agreement to Escrow to facilitate the Attachment 2 Page 124 -2- 11231-0001\2923647v2.doc closing, and the parties acknowledge that Escrow Holder may also require that its own standard form escrow instructions, consistent with this Agreement, be executed by the parties. 3.1 Closing Date. Subject to the satisfaction of the conditions to closing, the Escrow shall close on or before the date that is ninety (90) days after the date of this Agreement (“Closing Deadline”). 3.2 Deposits by Buyer. Buyer shall deposit with Escrow Holder the following items no later than one (1) business day prior to the estimated closing date: 3.2.1 The Purchase Price, plus any additional funds as are required to pay costs and fees allocated to Buyer on the estimated settlement statement that is to be prepared by Escrow Holder and delivered to Buyer and Seller for their approval, prior to the close of Escrow. 3.2.2 A Certificate of Acceptance for the Quitclaim Deed, duly executed and acknowledged, for recording with the Quitclaim Deed. 3.2.3 All other funds and documents as may be reasonably required by Escrow Holder or the Title Company to close the Escrow in accordance with this Agreement. 3.3 Deposit of Documents by Seller. Seller shall deposit with Escrow Holder the following items no later than one (1) business day prior to the estimated closing date: 3.3.1 The Quitclaim Deed, duly executed by Seller and acknowledged. 3.3.2 If required by the title company, a completed California Franchise Tax Board Form 593-W showing no California state tax withholding is required, and a Federal “Foreign Investment in Real Property Tax Act” affidavit certifying that the Seller is not a “foreign person” as defined in the Internal Revenue Code, such that no federal tax withholding is required. 3.3.3 If required by the title company, a duly executed resolution authorizing the execution of this Agreement and the sale of the Property. 3.3.4 All other documents as may reasonably be required by Escrow Holder to close the Escrow in accordance with this Agreement. 3.4 All real property taxes and assessments or bonds against the Property which are liens and unpaid as of the Closing Date shall be paid by Seller, except that any assessments payable in installments shall be prorated. Buyer is exempt from property taxes, so will not take title subject to any property taxes, or title exception for property taxes. 4. Escrow Holder’s Obligations. 4.1 The performance of the acts set forth in this Section shall constitute the “Closing” or the “Close of Escrow” as such term is used in this Agreement. The Escrow Holder shall conduct the Closing on the Closing Date by recording and distributing the following described documents and funds in the following manner: Page 125 -3- 11231-0001\2923647v2.doc 4.1.1 Obtain from Seller documentation to place title in the condition necessary to enable conveyance pursuant to this Agreement; 4.1.2 Record any instrument delivered through the Escrow, including any required quitclaim and grant deeds if such action is necessary to place record title in condition to comply with the terms of the Agreement. 4.1.3 Record the Quitclaim Deed, with the Certificate of Acceptance. 4.1.4 Deliver to Seller in immediately available funds the sum of the Purchase Price and such other funds, if any, due Seller by reason of pro-rations, less Seller’s closing costs and pro-rations, if any. 4.1.5 Pay and charge Seller for any amounts necessary to place the title in the condition necessary to enable conveyance pursuant to this Agreement. 4.1.6 Each party shall pay 50% of any escrow charges and costs incurred in this transaction. 4.1.7 Pay and charge Seller for the CLTA Owner’s Policy of Title Insurance in favor of Buyer (the liability amount of which shall equal the Purchase Price); pay and charge to Buyer the cost of extended coverage if elected by Buyer (and based on a survey obtained by Buyer at its cost) and any endorsements to the Title Policy requested by the Buyer (except for endorsements which Buyer and Seller agree are necessary to insure over a title matter objected to by Buyer, the cost of which shall be paid by Seller). 4.1.8 Seller shall pay all city and county transfer taxes (but there should be none as this is an exempt conveyance to a California public entity). 4.1.9 As soon as possible before the estimated closing date, prepare a preliminary settlement statement for the Escrow showing all costs and fees associated with this transaction, and the allocation thereof, as well as the Purchase Price and any pro-rations. If this Agreement is terminated as a result of default by either Buyer or the Seller, then the defaulting party shall pay all cancellation fees imposed by the Escrow Holder. If this Agreement is terminated as a result of a failure condition as described in Section 5, through no fault of either party, then each party shall pay 50% of any cancellation fees imposed by the Escrow Holder. 4.1.10 Any amendments of, or supplements to, any Escrow instructions must be in writing and executed by the party providing the same to Escrow Holder (it being understood that Buyer and Seller may deliver supplemental unilateral escrow instructions consistent with this Agreement). 5. Conditions to Closing. The following conditions are conditions precedent to the Parties’ obligation to consummate the Closing on the Property: 5.1 Buyer’s Conditions to Closing. The Buyer’s obligations to consummate the transactions contemplated by this Agreement are subject to the satisfaction of the following Page 126 -4- 11231-0001\2923647v2.doc conditions which are for Buyer’s sole benefit on or prior to the dates/times designated below for the satisfaction of such conditions, or the date for Closing in the absence of a specified date/time: 5.1.1 Approval of Title Documents. Buyer has received a preliminary report dated January 8, 2024 issued by Commonwealth Land Title Company under Order Number 0227-121-56/09186831. Buyer shall have sixty (60) days after the date of this Agreement to review title, and obtain and review an ALTA survey, and notify Seller and Escrow Holder in writing of Buyer’s disapproval of any exceptions referenced in such preliminary report or survey (“Title Documents”). Failure of Buyer to disapprove any such exceptions within the aforementioned time limit shall be deemed to be an approval of such exceptions set forth in the Title Documents; however, all monetary liens, including deeds of trust, judgement liens, liens for property taxes, and liens for delinquent assessments shall be deemed disapproved and shall be removed by the close of escrow. Seller shall not further encumber the Property. In the event Buyer disapproves any exceptions set forth in the Title Documents, Seller shall have until the Closing Date to eliminate any disapproved exceptions, and if such exceptions are not eliminated, then Buyer may terminate this Agreement. If Buyer terminates this Agreement pursuant to this Section 5.1.1, then the escrow shall be cancelled, any sums deposited by Buyer shall be returned to Buyer, and each party shall pay half of any escrow/title cancellation fees. 5.1.2 Issuance of Title Insurance. Seller shall convey title to the Property to Buyer by a Quitclaim Deed in the form of Exhibit 1 attached hereto. At the Close of Escrow, Commonwealth Land Title Company (the “Title Company”), shall issue through Escrow an Owner’s Policy of Title Insurance (“Title Policy”) with CLTA coverage (or if Buyer obtains an ALTA survey at its cost and delivers it to the Title Company, then extended coverage title insurance) with liability in the full amount of the Purchase Price, insuring fee simple title to the Property vested in Buyer subject only to the following exceptions (the “Permitted Exceptions”): (a) the standard printed exceptions set forth in the Title Policy; (b) prorated assessments, if any; (c) any exceptions which have been approved in writing by Buyer. 5.1.3 At or prior to the Closing, Seller shall have performed all of Seller’s obligations herein that are to be performed prior to the Closing. 5.1.4 Seller’s representations and warranties shall be true and correct as of the date of this Agreement and also as of the date of the Closing. 5.1.5 The physical condition of the Property shall be substantially the same at the Closing as on the date of execution of this Agreement, reasonable wear and tear excepted, and Buyer shall have approved of the physical condition of the Property within sixty (60) days after the date of this Agreement, and Seller gives Buyer the right for Buyer and its consultants to enter the Property to so inspect, and Buyer shall indemnify, defend and hold Seller harmless from claims, liabilities, losses, damages, costs and expenses arising from such entries and inspections (excluding those that relate to matters discovered on inspection). If any such matters are not acceptable to Buyer, Buyer may terminate this Agreement by written notice to Seller within the 60 day period. 5.2 Seller Conditions to Closing. The Seller’s obligations to consummate the transactions contemplated by this Agreement are subject to the satisfaction of the following Page 127 -5- 11231-0001\2923647v2.doc conditions which are for Seller’s sole benefit on or prior to the dates designated below for the satisfaction of such conditions, or the date for Closing in the absence of a specified date: 5.2.1 At or prior to the Closing, Buyer shall have performed all of Buyer’s obligations herein that are to be performed prior to the Closing. 5.3 Failure of Condition. If any condition stated in this Agreement has not been eliminated or satisfied within the time limits and pursuant to the provisions of this Agreement through no fault of either Party (in the case of a default, the provisions of Section 9 shall govern), then the Parties, as their sole and exclusive remedy, shall have the right to either waive the condition in question, and proceed with the Closing, or in the alternative, terminate this Agreement. In the event of such termination as the result of the failure of a condition to Closing, all documents and funds shall be returned to the party providing them, and neither party shall have any further rights or obligations under this Agreement, except that Escrow and title cancellation fees shall be paid in accordance with this Agreement. 6. Condition of Property. 6.1 Subject to Buyer’s inspection rights under Section 5.1.5 above, Buyer has investigated the Property’s zoning and other building matters affecting the Property, and its condition, including but not limited to its suitability for Buyer’s intended use, and has determined that it is suitable for Buyer intended use. Seller shall promptly deliver to Buyer any environmental reports or studies in Buyer’s possession that relate to the presence (or absence) of hazardous materials in, on, under or near the Property. 6.2 Buyer hereby acknowledges that, except as otherwise stated in this Agreement, Buyer is purchasing the Property in its existing “AS-IS” condition, without representation or warranty (express or implied) and subject to all matters of record (but not deeds of trust, judgment liens or other liens, and not any title exceptions disapproved by Buyer or created by Seller after the date hereof) and all defects and conditions, whether patent or latent, based solely on Buyer’s own inspection, analysis and evaluation and not in reliance on any information provided by or on behalf of Seller. 7. Representations and Warranties. 7.1 The Parties represent and warrant to each other that as of the date hereof the following are true and correct (provided that representations and warranties of the Buyer are limited to the actual knowledge of the City Manager of Buyer, and representations and warranties of the Seller are limited to the actual knowledge of the Executive Director of Seller and Ryan Aschenbrenner, Right of Way Manager for Seller): 7.1.1 No Party has received nor is it aware of any notification from the Department of Building and Safety, Health Department, or other such City, County or State authority having jurisdiction, requiring any work to be done on or affecting the Property. 7.1.2 No Party has received notice of any litigation, arbitrations, claims, violations from any agency, proceedings, or other actions, pending or threatened that arise out of the ownership or operation of the Property. Page 128 -6- 11231-0001\2923647v2.doc 7.1.3 Each Party has the power, right, and authority to enter this Agreement and the instruments referenced herein, and to take all actions necessary to consummate the transaction contemplated by this Agreement. 7.1.4 The execution and delivery of this Agreement and the documents referenced herein, the incurrence of the obligation, the consummation of the transaction and the compliance with this Agreement and the documents referenced herein do not conflict with or result in the material breach of any term or condition of or constitute a default under any bond, note, or other evidence of indebtedness or any agreement, indenture, mortgage, deed of trust, loan, corporate documents or agreements, lease or other agreement or instrument to which any Party is a part or affecting the Property. 7.1.5 The person(s) executing this Agreement and the instruments referenced herein have the power, right, and actual authority to bind each respective Party to the terms and conditions of this Agreement. 7.1.6 No attachments, executions proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other similar proceedings are pending or threatened against any Party or involving the Property. 7.1.7 No Party has entered any other agreement for the sale or transfer of the Property, and there are no rights of first refusal or option to purchase the Property, beyond those held by the Buyer. 7.1.8 Other than as set forth in the Title Documents, there are no other leases, subleases, occupancies or tenancies pertaining to the Property and no Party has any knowledge of any oral agreements with anyone with respect to the occupancy of the Property. 7.1.9 There are no existing service or maintenance agreements (oral or written) which will affect the Property subsequent to Closing. 7.1.10 Each Party has provided to the others all environmental assessment reports in each Party’s possession or otherwise reasonably available, including any reports that are in draft form as of the date of this Agreement and any raw data or other information that has not been complied in a report. Any such reports which were prepared by third party consultants have been delivered as an accommodation and without any representation or warranty as to the sufficiency or accuracy, completeness, and/or validity of such reports, all of which are relied on at each Party’s own risk. No Party has any current actual knowledge of any hazardous materials affecting the Property. 8. Release by Buyer. 8.1 For valuable consideration, and except for any failure by Seller to disclose to Buyer any material fact known to Seller about the Property and not known to Buyer, Buyer hereby forever releases and fully discharges the Seller, and each of their predecessors and successors, and all of their officers, employees, agents, contractors, assignees, and representatives, from, any and all claims, demands, damages, causes of action, costs, and expenses (including without limitation, experts’ and attorneys’ fees), that the Buyer now, or in the future may have, of Page 129 -7- 11231-0001\2923647v2.doc whatsoever kind of nature, whether known or unknown, suspected or unsuspected, present or potential, foreseen or unforeseen, fixed or contingent, arising from or in any way connected with the condition of the Property sold hereunder or the construction of the Project by Seller (collectively, “Claim”), including without limitation, any Claim suffered by reason of the theories of impairment of access, inverse condemnation, eminent domain, property damages, loss of income, loss of business goodwill, relocation assistance pursuant to Federal and/or State law and implementing regulations or otherwise. 8.2 It is Buyer’s intention in executing this Agreement that it shall be effective as a bar to each and every Claim (excluding Claims based on any failure by Seller to disclose to Buyer any material fact known to Seller about the Property and not known to Buyer), and in furtherance of this intention Buyer waives and relinquishes all rights and benefits under Section 1542 of the California civil code, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” ______ / ______ Buyer’s Initials The foregoing acknowledgment and release shall survive the Closing as well as the recording of the Quitclaim Deed. 9. Default and Remedies. 9.1 Seller’s Default. If the close of escrow shall fail to occur because of Seller’s uncured default under this Agreement, Buyer's may pursue an action for specific performance, or terminate this Agreement and sue for damages, and exercise any other remedy available to Buyer at law or in equity. 9.2 Buyer’s Default. If the close of escrow shall fail to occur because of Buyer's uncured default under this Agreement, Seller shall have all rights and remedies available at law or in equity. 10. Miscellaneous Provisions. 10.1 Advice of Counsel. Each of the Parties acknowledge that in connection with the negotiation and execution of this Agreement, they have each been represented by independent counsel of their own choosing and the Parties executed this Agreement after review by such independent counsel, or, if they were not so represented, said non-representation is and was the voluntary, intelligent and informed decision and election of any of the Parties not so represented; and, prior to executing this Agreement, each of the Parties has had an adequate opportunity to conduct an independent investigation of all the facts and circumstances with respect to the matters that are the subject of this Agreement. Page 130 -8- 11231-0001\2923647v2.doc 10.2 Assignment. Neither this Agreement nor any interest herein shall be assignable by Buyer without Seller’s prior written consent. 10.3 Entire Agreement. This Agreement constitutes the entire agreement between Buyer and Seller regarding the Property, and supersedes all prior discussions, negotiations and agreements between Buyer and Seller, whether oral or written. Neither Buyer nor Seller shall be bound by any understanding, agreement, promise, representation or stipulation concerning the Property, express or implied, not specified herein. 10.4 Time of the Essence. Time is of the essence with respect to all of the terms, conditions and obligations set forth herein. 10.5 Notices. Any notice required or permitted to be given under this Agreement shall be in writing and shall be addressed as set forth below, and shall be deemed to have been delivered when one (1) business day after deposit with a reputable overnight courier marked for "next day" delivery, or on the date shown on the return receipt after deposit in U. S. Mail, certified or registered, postage prepaid return receipt requested after it has been returned. To Buyer: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: Flavio Nunez To Seller: SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY 1170 West Third Street San Bernardino, CA 92410 Attn: Ryan Aschenbrenner 10.6 FIRPTA. The Foreign Investment in Real Property Tax Act (FIRPTA), IRC 1445, requires that every purchaser of U.S. real property must, unless an exemption applies, deduct and withhold from escrow proceeds ten percent (10%) of the gross sales price due to the property seller. The primary exemptions which might be applicable are: (a) the seller provides the buyer with an affidavit under penalty of perjury that the seller is not a “foreign person” as defined in FIRPTA, or (b) the seller provides the buyer with a “qualifying statement,” as defined in FIRPTA, issued by the Internal Revenue Service. Seller and Buyer agree to execute and deliver as appropriate, any instrument, affidavit, statement, or a FIRPTA Certificate and to perform any acts reasonably necessary to carry out the provisions of FIRPTA and regulations promulgated there under as may be required by Escrow Holder. 10.7 Brokers. Seller and Buyer each warrant that they have had no dealings with any person, firm, broker or finder in connection with the negotiation of this Agreement and/or the consummation of the transactions contemplated herein and no broker or other person, firm or entity are entitled to any commission or finder’s fee in connection with these transactions as the result of any dealings or acts of such Party. Buyer and Seller do each hereby agree to indemnify, defend, protect and hold the other harmless from and against any and all claims, liabilities, losses, damages, Page 131 -9- 11231-0001\2923647v2.doc costs, or expenses based on or resulting from its (i.e., the indemnifying party’s) communications with any broker, finder or other similar person or entity. 10.8 Governing Law. The validity, interpretation, enforceability, and performance of this Agreement shall be governed by and construed in accordance with the laws of the State of California. 10.9 Required Actions. The Parties hereto agree to and shall execute all reasonable instruments and documents and take all reasonable actions necessary to consummate the transaction contemplated by this Agreement. 10.10 Covenants. Seller covenants and agrees that after the date of the execution of this Agreement and through the Closing Date: (a) Seller shall comply with all laws, rules, regulations and ordinances relating in any way to the Property; and (b) Seller shall not subject the Property or permit it to be subjected to any liens, encumbrances, covenants, conditions, restrictions, easements, rights of way or similar matters, except as otherwise set forth in the title report to be delivered to Buyer. 10.11 Severability. If any term, covenant or condition of this Agreement shall be held by a court of competent jurisdiction to be invalid or unenforceable, then the remainder of this Agreement shall not be affected and each remaining term, covenant and condition shall be valid and enforceable to the fullest extent permitted by law unless any of the stated purposes of this Agreement would be defeated. 10.12 Waivers. No waiver of any breach of any term, covenant or condition of this Agreement shall be deemed a waiver of any preceding or succeeding breach of that same of any other term, covenant or condition. 10.13 Successors and Assigns. This Agreement shall be binding on and inure to the benefit of the successors and assigns of the Parties. 10.14 Headings. Headings at the beginning of each Section are solely for the convenience of the Parties and are not a part of this Agreement. Whenever the context requires, the singular shall include the plural and the masculine shall include the feminine, and vice versa. 10.15 Survival. To the extent not required to be performed before the Closing Date or other cancellation of this Agreement, the representations and warranties of Seller contained in Section 7 shall survive the Closing Date for a period of 180 days or other cancellation of this Agreement. 10.16 No Third Party Beneficiaries. Nothing in this Agreement is intended to confer on any person or entity who is not a party to this Agreement any rights or remedies. 10.17 Amendment. Any amendments to this Agreement are effective only if made in writing and executed by Buyer and Seller. 10.18 Attorneys’ Fees. If any Party brings an action or proceeding involving the Property whether founded in tort, contract or equity, or to declare rights hereunder the Prevailing Page 132 -10- 11231-0001\2923647v2.doc Party, as defined herein, in any such proceeding, action, or appeal thereon, shall be entitled to reasonable attorneys’ fees and expenses. “Prevailing Party” shall include, without limitation, a party who substantially obtains or defeats the relief sought, as the case may be, whether by compromise, settlement, judgment, or the abandonment by the other party of its claim or defense. 10.19 Days of Week. A "business day," as used herein, shall mean any day other than a Saturday, Sunday or holiday, as defined in Section 6700 of the California Government Code. If any date for performance herein falls on a day other than a business day, the time for such performance shall be extended to 5:00 p.m. on the next business day. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement. Seller: SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY By: Raymond W. Wolfe, Phd Executive Director Buyer: CITY OF RANCHO CUCAMONGA By: L. Dennis Michael, Mayor ATTEST: Janice Reynolds, City Clerk APPROVED AS TO FORM: Julianna K. Tillquist, General Counsel APPROVED AS TO FORM: Nicholas Ghirelli, City Attorney Page 133 Exhibit 1 - Page -1- 11231-0001\2923647v2.doc EXHIBIT 1 TO PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS FORM OF QUITCLAIM DEED (WITH LEGAL DESCRIPTION) (Attached.) Page 134 Exhibit 1 - Page-2- 11231-0001\2923647v2.doc RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 APN: 0227-121-56 SPACE ABOVE THIS LINE FOR RECORDER’S USE Documentary Transfer Tax: $0; exempt conveyance to a California public entity (a municipal corporation/city) QUITCLAIM DEED FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, the SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY, a county transportation authority pursuant to Public Utility Code §§ 130800 et seq. (“GRANTOR”), does hereby quitclaims to the CITY OF RANCHO CUCAMONGA, a California municipal corporation (“GRANTEE”), all of its right, title and interest in, under and to that certain real property described more particularly in Exhibit A attached hereto and any and all improvements thereon. IN WITNESS WHEREOF, GRANTOR has caused this Quitclaim Deed to be executed by its authorized representative as of the date specified below. GRANTOR: SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY, a county transportation authority pursuant to Public Utility Code §§ 130800 et seq. By: Raymond Wolfe, PhD, Executive Director Date: , 2024 Page 135 _A-1- 11231-0001\2923647v2.doc Exhibit A to Quitclaim Deed Legal Description of Property That certain real property situated in the State of California, County of San Bernardino, City of Rancho Cucamonga, being a portion of the Baldwin Park Branch right of way conveyed to the San Bernardino County Transportation Authority by instrument 1991-0130996, recorded on April 19, 1991 in Official Records of said county, more particularly described as follows: All of Parcel 2 of Parcel Map No. 19247, recorded in Book 238 of Parcel Maps at Pages 76-79 of the County of San Bernardino on June 24, 2011. Page 136 _A-1- 11231-0001\2923647v2.doc A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of San Bernardino ) On _________________________, before me, , (insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Page 137 -A-2- 11231-0001\2923647v2.doc CERTIFICATE OF ACCEPTANCE (Govt. Code § 27281) This is to certify that the real property located in the City of Rancho Cucamonga, County of San Bernardino, State of California conveyed to the City of Rancho Cucamonga by a Quitclaim Deed from the San Bernardino County Transportation Authority, is hereby accepted by the undersigned officer or agent on behalf of the City of Rancho Cucamonga in its capacity as such successor, pursuant to action of the City Council of the City of Rancho Cucamonga on _____________, 202__, and the grantee consents to the recordation thereof by its duly authorized officer. CITY OF RANCHO CUCAMONGA By: Print Name: Title: A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of San Bernardino ) On _________________________, before me, , (insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Page 138 DATE:March 20, 2024 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 J. Pope, Associate Engineer SUBJECT:Consideration of Resolution No. 2024-017, a Resolution of the City Council of the City of Rancho Cucamonga, California, Rescinding Resolution of Necessity No. 2022-011, a Resolution of the City Council of the City of Rancho Cucamonga, California, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the Etiwanda Grade Separation Project (Temporary Construction Easement Over a Portion of APN 0229- 162-15). (RESOLUTION NO. 2024-017) (CITY) RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 2024-017, which is a resolution of the City Council of the City of Rancho Cucamonga rescinding Resolution of Necessity No. 2022-011, a resolution of the City Council of the City of Rancho Cucamonga, California, declaring certain real property interests necessary for public purposes and authorizing the acquisition thereof in connection with the Etiwanda Grade Separation Project. BACKGROUND: The City Council has before it a proposed resolution to rescind Resolution of Necessity No. 2022- 011, which was adopted for the acquisition by eminent domain of certain real property interests in connection with the City’s Etiwanda Grade Separation Project (Project). The Project requires the acquisition of additional right-of-way for grade separation and related purposes. The Project involves the widening and construction of Etiwanda Avenue as a four-lane grade separated roadway over the Southern California Regional Rail Authority (SCRRA)/Burlington Northern and Santa Fe Railroad (BNSF) San Gabriel subdivision, currently a two-lane at-grade crossing. The City sought to acquire an approximate 5,011 square foot temporary construction easement with a term of 18 months (Subject Property Interests) over a portion of the real property located at 8821 Etiwanda Avenue, Rancho Cucamonga, and further identified as San Bernardino County Tax Assessor’s Parcel Number 0229-162-15 (Subject Property). The City sought the Subject Property Interests for the Project. Pursuant to Government Code Section 7260 et seq., the City obtained a fair market value appraisal of the Subject Property Interests. The City set just compensation in accordance with the appraised fair market value and extended a written offer to the owner of the Subject Property Page 139 Page 2 2 2 5 5 on October 26, 2021. Unable to reach a negotiated settlement with the owner, the City provided written notice to the owner of the City Council’s intent to consider the adoption of a Resolution of Necessity for the acquisition of the Subject Property Interests by eminent domain. On January 19, 2022, the City Council of the City of Rancho Cucamonga held a public hearing in accordance with Eminent Domain Law (California Code of Civil Procedure Section 1230.010 et seq.) and adopted Resolution No. 2022-011, a resolution of the City Council of the City of Rancho Cucamonga, California, declaring certain real property interests necessary for public purpose and authorizing the acquisition thereof in connection with the Etiwanda Grade Separation Project (Temporary Construction Easement Over a Portion of APN 0229-162-15). Resolution No. 2022- 011 found and determined that the public interest and necessity require the acquisition of the Subject Property Interests for the Project, and authorized the City’s legal counsel to commence and prosecute legal proceedings to acquire the Subject Property Interests by eminent domain. After the adoption of Resolution No. 2022-011 but prior to the City’s initiation of an eminent domain proceeding, the City entered into an Agreement for Purchase and Sale and Escrow Instructions (Agreement) for the City’s purchase of the Subject Property Interests. After the Agreement was executed, the City determined that it required property interests on the Subject Property different from those identified in Resolution No. 2022-011 (Updated Property Interests). The City and owner of the Subject Property attempted to negotiate for the City’s acquisition of the Updated Property Interests; however, negotiations stalled and the Agreement lapsed. ANALYSIS: The City no longer seeks to acquire the Subject Property Interests identified in Resolution of Necessity No. 2022-011 because they are no longer required for the Project. This has rendered the acquisition of the Subject Property Interests by eminent domain unnecessary. Accordingly, it is necessary for the City to rescind Resolution No. 2022-011. The City is authorized to rescind Resolution No. 2022-011 pursuant to Code of Civil Procedure Section 1245.260(c), and other provisions of law. FISCAL IMPACT: The Etiwanda Grade Separation Project, including right-of-way acquisition and legal fees, has been funded primarily through Senate Bill (SB) 1 Trade Corridor Enhancement Program (TCEP) grant funds. The City has determined that, because the Subject Property Interests are no longer necessary as identified in Resolution of Necessity No. 2022-011, rescinding this Resolution will allow the escrow deposit associated with the Agreement to be returned. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: The proposed Etiwanda Grade Separation Project will enhance the City’s position as the world class community in our region by improving safety, traffic flow, and access to the southeast industrial area of the City. ATTACHMENTS: Attachment 1 – Resolution No. 2024-017 Attachment 2 – Resolution No. 2022-011 Page 140 Resolution No. 2024-XXX – Page 1 of 3 ATTACHMENT 1 RESOLUTION NO. 2024-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RESCINDING RESOLUTION OF NECESSITY NO. 2022-011, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE ETIWANDA GRADE SEPARATION PROJECT (TEMPORARY CONSTRUCTION EASEMENT OVER A PORTION OF APN 0229-162-15) WHEREAS, the City of Rancho Cucamonga (“City”) is a municipal corporation in the County of San Bernardino, State of California; and WHEREAS, the City sought to acquire an approximate 5,011 square foot temporary construction easement with a term of 18 months (“Subject Property Interests”) over a portion of the real property located at 8821 Etiwanda Avenue, Rancho Cucamonga, and further identified as San Bernardino County Tax Assessor’s Parcel Number 0229-162-15 (“Subject Property”). The City sought the Subject Property Interests for public use in connection with the Etiwanda Grade Separation Project (“Project”). WHEREAS, the City is authorized to acquire the Subject Property Interests by eminent domain pursuant to Section 19 of Article 1 of the California Constitution, Government Code Sections 37350, 37350.5, 37351, 40401, and 40404, California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.150, 1240.510, 1240.610, 1240.650, and by other provisions of law. WHEREAS, on January 19, 2022, the City Council of the City of Rancho Cucamonga held a public hearing in accordance with Eminent Domain Law (California Code of Civil Procedure Section 1230.010 et seq.) and adopted Resolution of Necessity No. 2022-011, A Resolution of the City Council of the City of Rancho Cucamonga, California, Declaring Certain Real Property Interests Necessary for Public Purpose and Authorizing the Acquisition Thereof in Connection with the Etiwanda Grade Separation Project (Temporary Construction Easement Over a Portion of APN 0229-162-15). Resolution No. 2022-011 found and determined that the public interest and necessity require the acquisition of the Subject Property Interests for the Project and authorized the City’s legal counsel to commence and prosecute legal proceedings to acquire the Subject Property Interests by eminent domain. WHEREAS, subsequent to the adoption of Resolution No. 2022-011 but prior to the City’s initiation of an eminent domain proceeding, the City entered into an Agreement for Purchase and Sale and Escrow Instructions (“Agreement”) for the City’s purchase of the Subject Property Interests. WHEREAS, after the Agreement was executed, the City determined that it required property interests on the Subject Property different from those identified in Resolution No. 2022-011 (“Updated Property Interests”). The City and owner of the Subject Property attempted to negotiate for the City’s acquisition of the Updated Property Interests; however, negotiations stalled and the Agreement lapsed. WHEREAS, the City no longer seeks to acquire the Subject Property Interests identified in Resolution No. 2022-011 because they are no longer required for the Project. This has rendered the acquisition of the Subject Property Interests by eminent domain unnecessary. Accordingly, it is necessary for the City to rescind Resolution No. 2022-011. WHEREAS, the City is authorized to rescind Resolution No. 2022-011 pursuant to Code of Civil Page 141 Resolution No. 2024-XXX – Page 2 of 3 4 4 3 2 Procedure Section 1245.260(c), and other provisions of law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, as follows: SECTION 1. The Rancho Cucamonga City Council adopts Resolution No. 2024-XXX, A Resolution Rescinding Resolution of Necessity No. 2022-011, A Resolution of the City Council of the City of Rancho Cucamonga, California, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the Etiwanda Grade Separation Project (A temporary construction easement on a portion of APN 0229-162-15). SECTION 2. The City Clerk shall certify to the adoption of this Resolution. Page 142 Resolution No. 2024-XXX – Page 3 of 3 4 4 3 2 PASSED, APPROVED, and ADOPTED this 20th day of March, 2024. ________________________________________ L. Dennis Michael, Mayor City of Rancho Cucamonga ATTEST: ________________________________ Janice C. Reynolds, City Clerk City of Rancho Cucamonga STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 20th day of March 2024. AYES:________________________ NOES:________________________ ABSENT:________________________ ABSTAINED:________________________ Executed this 21st day of March, 2024, at Rancho Cucamonga, California. _______________________________________ Janice C. Reynolds, City Clerk City of Rancho Cucamonga APPROVED AS TO FORM: ________________________________ Nicholas R. Ghirelli, City Attorney Richards, Watson & Gershon Page 143 RESOLUTION NO. 2022-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE ETIWANDA GRADE SEPARATION PROJECT (TEMPORARY CONSTRUCTION EASEMENT OVER A PORTION OF APN 0229-162-15) WHEREAS, the City of Rancho Cucamonga ("City") is a municipal corporation in the County of San Bernardino, State of California; and WHEREAS,the City seeks to construct the Etiwanda Grade Separation Project("Project"). The Project requires the acquisition of additional right of way for grade separation. The Project involves the widening and construction of Etiwanda Avenue as a four-lane grade separated roadway over the Southern California Regional Rail Authority ("SCRRA")/Burlington Northern and Santa Fe Railroad ("BNSF") San Gabriel subdivision, currently a two-lane at-grade crossing. The Project will construct an overhead crossing, utilizing walls and embankments to support the raised approaching roadway. It will span the railroad right-of-way and provide access to adjacent properties. The Project will widen Etiwanda Avenue to four traffic lanes including a painted median/left turn lane with bike lanes and sidewalks on each side and a northbound right turn lane onto Whittram Avenue. When completed in 2024, the Project will reduce vehicle and truck delays, as well as queuing. It will improve mobility, safety, and level of service at the crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles, trucks, and trains. Furthermore, the Project will provide for improved response times in the area for first responders such as police officers, firefighters, paramedics, and emergency medical technicians. All work is consistent with the City's General Plan of Circulation. The Plans for the Project are on file with the Engineering Services Department and are incorporated herein by this reference; and WHEREAS, the environmental effects of the Project were studied and analyzed pursuant to the California Environmental Quality Act ("CEQA"), Public Resources Code Section 21000 et seq., and the CEQA Guidelines, 14 Cal. Code Regs. Section 15000 et seq. ("CEQA Guidelines"). City Staff determined that the Project was statutorily exempt pursuant to CEQA Article 18. Statutory Exemptions, Section 15282. Other Statutory Exemptions, paragraph (g) as a railroad grade separation project which eliminates and existing grade crossing or reconstructs an existing grade separation. The City Council approved the Notice of Exemption and authorized Staff to file the Notice of Exemption with the Office of Planning and Research and the County clerk as specified in Section 21080.13(2) of the Public Resources Code. Said Notice of Exemption was filed with the Office of Planning and Research and with the County of San Bernardino on or about June 11, 2018 in accordance with the statutory requirements; and WHEREAS, in connection with the proposed Resolution of Necessity, on January 19, 2022, City Staff reviewed the environmental documentation prepared in connection with the Project. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City Staff concluded that no substantial changes have occurred in the Project, no substantial changes have occurred in the circumstances under which the Project is undertaken, and that the City has obtained no new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests. Resolution No. 2022-011 - Page 1 of 10 ATTACHMENT 2 Page 144 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1. The Rancho Cucamonga City Council adopts Resolution No. 2022-011, A Resolution of the City Council of the City of Rancho Cucamonga, California, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the Etiwanda Grade Separation Project (A temporary construction easement on a portion of APN 0229-162-15). SECTION 2. The City seeks to acquire by eminent domain the real property interest described below in Section 3 of this Resolution for public use, namely grade separation and related purposes, and all uses necessary or convenient thereto in connection with the Etiwanda Grade Separation Project pursuant to the authority conferred on the City of Rancho Cucamonga to acquire real property by eminent domain by Section 19 of Article 1 of the California Constitution, Government Code Sections 37350, 37350.5, 37351, 40401, and 40404, California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.150, 1240.510, 1240.610, 1240.650, and by other provisions of law. SECTION 3. The City seeks to acquire an approximate 5,011 square foot temporary construction easement with a term of 18 months("Subject Property Interest") over a portion of the real property located at 8821 Etiwanda Avenue, Rancho Cucamonga, and identified as San Bernardino County Tax Assessor's Parcel Number 0229-162-15 ("Jones, Garness, & Clemons Parcel") in connection with the Project. The Subject Property Interest is described more particularly in Exhibit"A" and depicted on Exhibit"B", which are attached hereto and incorporated herein by this reference. SECTION 4. The environmental effects of the acquisition of the Subject Property Interest were studied as an integral part of the environmental review for the Project. In connection with the proposed Resolution of Necessity, on January 19, 2022, City Staff reviewed the environmental documentation prepared in connection with the Project. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City staff concluded that no substantial changes have occurred in the Project, no substantial changes have occurred in the circumstances under which the Project is undertaken, and that the City has obtained no new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interest. SECTION 5. The Project, as planned and designed, is in the public interest and necessity and is needed to improve vehicle and rail safety, traffic mobility, and surface transportation, as more fully explained below: A. The Project requires the acquisition of additional right of way for grade separation. The Project involves the widening and construction of Etiwanda Avenue as a four- lane grade separated roadway over the SCRRA/BNSF San Gabriel subdivision, currently a two- lane at-grade crossing. The Project will construct an overhead crossing, utilizing walls and embankments to support the raised approaching roadway. It will span the railroad right-of-way and provide access to adjacent properties. The Project will widen Etiwanda Avenue to four traffic lanes including a painted median/left turn lane with bike lanes and sidewalks on each side and a northbound right turn lane onto Whittram Avenue. When completed in 2024, the Project will reduce vehicle and truck delays, as well as queuing. It will improve mobility, safety, and level of Resolution No. 2022-011 - Page 2 of 10 Page 145 service at the crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles, trucks, and trains. Furthermore, the Project will provide for improved response times in the area for first responders such as police officers, firefighters, paramedics, and emergency medical technicians. All work is consistent with the City's General Plan of Circulation. B. The Project will reduce vehicle and truck delays, improve safety and level of service at the crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles, trucks, and trains. Additionally, the Project will provide for improved response times in the area for first responders such as police officers, firefighters, paramedics, and emergency medical technicians. Accordingly, the Project will benefit the residents and businesses of the City and the community as a whole. C. The Project, as planned and designed, is consistent with the Circulation Element of the General Plan, which designated Etiwanda Avenue as a four-lane major arterial road. Anticipating the future growth of the SCRRA/BNSF corridor, the City's General Plan identified this area to be grade separated. The City seeks to acquire the Subject Property Interest for public use, namely grade separation and related purposes, and all uses necessary or convenient thereto in connection with the Project. The City seeks to construct the Project to improve mobility, safety, and level of service at the crossing. D. The Project was planned and located to minimize the impact on the adjacent properties. Because of its scope, the Project requires the acquisition of several permanent easements and temporary construction easements over portions of 10 larger parcels, as well as fee interests in two parcels owned by private property owners. The construction of the Project will require some business/residential relocations. The City will coordinate the construction with the owner of the Subject Property Interest to minimize the impact of the Project on the parcel. Based on the timing of the Project, it is necessary that the City consider the acquisition by eminent domain of the required Subject Property Interest. SECTION 6. A. Pursuant to Government Code Section 7260 et seq., the City of Rancho Cucamonga obtained a fair market value appraisal of the Jones, Garness & Clemons Parcel, the approximate 5,011 square foot temporary construction easement the City seeks to acquire for a period of 18 months for public use, namely grade separation and related purposes, and all uses necessary or convenient thereto. B. The City set just compensation in accordance with the appraised fair market value, and extended a written offer on October 26, 2021 to the trustees of the Jones Family Trust, the Garness Family Trust, and the Clemons Revocable Trust, the owners of record. The fair market value appraisal used a date of value of October 14, 2021. C. The City's written offer included an informational pamphlet describing the eminent domain process and the record owner's rights under the Eminent Domain Law. In accordance with Government Code Section 7267.2, the City's written offer contained a written statement of, and summary of the basis for, the amount it established as just compensation. The offer set forth the date of value utilized by the appraiser and explained the appraiser's opinion of the highest and best use of the larger parcel. It explained the applicable zoning designation of the larger parcel. The City's offer also summarized the principal transactions relied on by the appraiser to arrive at the appraiser's opinion of value. In addition, the written offer explained the appraiser's valuation analysis, including severance damages. It included the City's comparable Resolution No. 2022-011 - Page 3 of 10 Page 146 market data relied on by the appraiser. Further, the City offered, pursuant to Code of Civil Procedure Section 1263.025, to pay the record owners the reasonable costs, up to $5,000.00, for an independent appraisal of the approximate 5,011 square foot temporary construction easement area. SECTION 7. The City provided written notice to the owners of record, pursuant to Code of Civil Procedure section 1245.235 of the City Council's intent to consider the adoption of a Resolution of Necessity for the acquisition of the Subject Property Interest by eminent domain. SECTION 8. The public use for which the City seeks to acquire the Subject Property Interest, namely grade separation and related purposes, and all uses necessary or convenient thereto, will not unreasonably interfere with or impair the continuance of the public use to which any easement holders may have appropriated the area (Code of Civil Procedure Section 1240.510). Further, the Project may require the relocation of several utilities to the new right-of way area. The public use for which the City seeks to acquire the Subject Property Interest, namely grade separation and related purposes, and all uses necessary or convenient thereto, is a more necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the uses to which public utility easement holders have appropriated any utility easements located on or within the area of the Subject Property Interest that are affected by the Project. Accordingly, the City is authorized to acquire the Subject Property Interest pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650. SECTION 9. Based on the evidence presented at the hearing regarding the Project, including the Agenda Report and documents referenced therein and any oral and written testimony at the hearing, the City Council hereby finds and determines that: A.The public interest and necessity require the Project; B.The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; C.The Subject Property Interest described more particularly in Exhibit "A" and depicted on Exhibit "B" hereto, is necessary for the Project; and D.The City has made the offer required by Government Code Section 7267.2 to the record owner of the Subject Property Interest the City seeks to acquire. SECTION 10. The findings and declarations contained in this Resolution are based upon the record before the City Council, including the Agenda Report and all documents referenced therein, all of which are incorporated herein by this reference, and any testimony and/or comments submitted to the City by the record owner and or the owner's representative(s). These documents include, but are not limited to the City of Rancho Cucamonga's General Plan, the offer letter sent to the owner pursuant to Government Code Section 7267.2, the notice to the record owner pursuant to Code of Civil Procedure Section 1245.235 of the City's intent to consider the adoption of the Resolution of Necessity, Grade Separation Plans for the Project, and the Notice of Exemption for the Project. SECTION 11. The City Council of the City of Rancho Cucamonga hereby authorizes and directs the City Attorney's Office to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire an approximate 5,011 square foot Resolution No. 2022-011 -Page 4 of 10 Page 147 temporary construction easement for a period of 18 months for the Project. The Subject Property Interest is described more particularly on Exhibit"A" and depicted on Exhibit"B" hereto. SECTION 12. The City Council of the City of Rancho Cucamonga hereby authorizes the City Manager to execute all necessary documents in connection with the eminent domain proceeding. SECTION 13. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, and ADOPTED this 19th day of January 2022. r D nnis Michael, Mayor ST: nice C. Reynolds, City Clerkf STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 19th day of January 2022. AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo NOES: None ABSENT:None ABSTAINED: None Executed this 20th day of January, 2022, at Rancho Cucamonga, California. 11/y4niceC. Reynolds, ity Clerk APPROVED AS TO FORM: Nicholas R. Ghirelli, City Attorney Richards, Watson & Gershon Resolution No. 2022-011 - Page 5 of 10 Page 148 Resolution No. 2022-011 - Page 6 of 10 Page 149 Exhibit A Legal Description Etiwanda Grade Separation Project APN 229-162-15 /Jones-Strack Temporary Construction Easement Page 1 of 1 Pages That portion of Parcel B,in the City of Rancho Cucamonga, County of San Bernardino,State of California,as described in the Certificate of Compliance No. 269 for Lot Line Adjustment, recorded February 18, 1988 as Document No.88-048704 of Official Records, records of said County,described as follows: Beginning at the intersection of the north line of said Parcel B with the east line of Etiwanda Avenue,fifty(50)foot half-width,as described in the Easement Deed recorded February 16, 1988 as Document No.88-046978 of Official Records of said County,as both are shown on Sheet 5 of Record of Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys,records of said County; Thence 15t,along the north line of said Parcel B, S 89° 36' 54" E,a distance of 402.05 feet; Thence 2"d, leaving said north line,S 00°23'06"W,a distance of 10.00 feet to a line parallel with,and lying 10.00 feet south of,said north line of Parcel B; Thence 3`d,along said parallel line, N 89° 36'54"W,distance of 392.00 feet to a line parallel with,and lying 10.00 feet east of,said east line of Etiwanda Avenue; Thence 4th,along last said parallel line,S 00°07' 00"W,distance of 99.06 feet; Thence 5th, leaving last said parallel line, N 89°53'00"W,a distance of 10.00 feet to said east line of Etiwanda Avenue; Thence 6th,along said east line, N 00° 07' 00" E,a distance of 109.11 feet to the Point of Beginning. Containing 5,011 square feet, more or less. Notes The above legal description is based on the dimensions,information,and land references shown on Record of Survey 19-0109 filed in Book 168,Pages 53 through 63 of Record of Surveys. Bearings and distances are referenced to the California Coordinate System,Zone 5 grid,NAD83(2011) CSRS Epoch 2017.50.To obtain ground level distances,multiply grid distances by 1.000060364. This descript n b n repa d by me,or under my direction, in conformance with the Professional Land Surveyors Act. Justin P. Height, LS 6167 Date rf IJJ TIN . HTIT 0. 616CN- Job No.0618-00016 GUIDA Jones-Strack TCE.docx Resolution No. 2022-011 - Page 7 of 10 SURVEYING INC. Page 150 Resolution No. 2022-011 - Page 8 of 10 Page 151 WHITTRAM AVENUE NOTES PLAT MAP IS BASED ON THE INFORMATION AND LAND REFERENCES SHOWN ON RECORD OF SURVEY 19- 0109 FILED IN BOOK 168, PAGES 50' 53 THROUGH 63 OF RECORD OF FATRCrL A SURVEYS. CDC NO 269 MR I A BEARINGS AND DISTANCES ARE OOC , NOS 8- O- 0418- 104 ORT REFERENCED TO THE CALIFORNIA COORDINATE SYSTEM, ZONE 5 GRID, w NAD83( 201 1) CSRS EPOCH 2O17. 50. D NORTH LINE OF PARCTO OBTAIN GROUND LEVEL DISTANCES, CD Z POB COC NO. 269 FOR LLMULTIPLY GRID DISTANCES BY n w o DOC. NO. 88- 0487041 . 000060364. Q o Z 0 3 TEMP. CONST. EASEMENT 5, 011 SQ. FT. f- SEE PAGE 2) o w N FARCE I cn DOC NO 269 r OR L L A m SCALE: 1"= 100' DOC , ] Nl 0 a O- O 4r jr' l 0 4r O R LAND o O G 50' EAST LINE OF ETIWANDA AVE JUSTIN P. HEIGHTI; UI PER EASEMENT DEED N0. 6167 DOC. NO. 88- 046978 OR s> v CORRIDOR TF cA\ F SBCTA RAIL THIS PLAT HAS BEEN PREPARED BY ME, OR Exhibit B olosomix UNDER MY DI CTION, IN CONFORMANCE WITH Plat Map llio GUIDA THE PR , L LAND SURVEYORS ACT. Etiwanda Grade Separation Project EN v APN 229- 162- 15 I Jones- Strack SURVEYING INC. 10- 04- 2021 Temporary Construction Easement Job No. 0618- 00016 Jones- Strack TCE. dwg JUSTIN P. HEIG PLS 6167 DATE Page 1 of 2 Pages Page 152 EAST LINE OF ETIWANDA AVE PER EASEMENT DEED DOC. NO. 88- 046978 OR NORTH LINE OF PARCEL B COC NO. 269 FOR LLA DOC. NO. 88- 048704 OR POB w m z 0 w 11011, S89' 36 0 Q v r z Q N89' 36' 54" W 392. 00' o in N Z rn ",_, 0 10. 00' not Q S00' 23' 06" W ow ><., 10. 0 0' w 0 p 1p C' r I F' l0 r`' JJ J TEMPORARY v j - COG NO 69 r OR LLA CONSTRUCTION 0 , o OOO NO , @ @- 0212- 10 r OFF EASEMENT o z o 5, 011 SQ. FT. 0' 10. 00' 0 N89' 53' 00" W 10. 00' MEMEME Exhibit B MNON Plat Map G U I DA N Etiwanda Grade Separation Project MNON APN 229- 162- 15/ Jones- Strack MNNONMEMNON SURVEYING INC. Temporary Construction Easement Job No. 0618- 00016 Jones- Strack TCE. dwg SCALE: 1"= 50' Page 2 of 2 Pages Page 153 DATE:March 20, 2024 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 Cesar Guevara, Associate Engineer Justin J. Pope, Associate Engineer Chi Wai Chan, Assistant Engineer SUBJECT:Consideration of Resolution No. 2024-015 and Resolution No. 2024-016, Authorizing Submittal of a Claim to the San Bernardino County Transportation Authority (SBCTA) for Transportation Development Act (TDA) Article 3 Funds for the Cucamonga Creek Channel Maintenance Project and Day Creek Channel Bike Trail Improvement Project. (RESOLUTION NO. 2024-015 AND RESOLUTION NO. 2024-016) (CITY) RECOMMENDATION: Staff recommends the City Council approve Resolution No. 2024-015 and Resolution No. 2024- 016 authorizing submittal of a claim to the San Bernardino County Transportation Authority (SBCTA) for Transportation Development Act (TDA) Article 3 funds for the Cucamonga Creek Channel Maintenance Project (Cucamonga Creek Trail Project) and the Day Creek Channel Bike Trail Improvement Project (Day Creek Trail Project). BACKGROUND: Every two (2) years, SBCTA releases a Call for Projects for their TDA Article 3 Program which provides that two (2) percent of the Local Transportation Funds (LTF) be made available to counties and cities for the construction or improvement of facilities that provide for the exclusive use of pedestrians and bicyclists. Each cycle, the City of Rancho Cucamonga applies for various projects that align with the goals of the grant program and has been awarded funding for various trail and bus stop enhancement projects since at least 2013. The City was awarded $403,000 for the Day Creek Trail Project in 2019 and $84,415 for the Cucamonga Creek Trail Project in 2021. ANALYSIS: In 2023, staff submitted two (2) applications to request additional funding consideration for the Cucamonga Creek Trail Project and the Day Creek Trail Project to accommodate increased costs related to additional scope and construction cost increases. Both projects were selected for additional funding, which together total $185,250 of additional TDA Article 3 Funds. When combined with the previously awarded $487,415, this will result in a total of $672,665 in TDA Article 3 Funds being distributed to the City for these two projects on a reimbursement basis. Page 154 Page 2 2 2 5 6 The Cucamonga Creek Trail Project will allow the City to improve a 1.14 mile long stretch of the existing Class I bike trail on the west side of the channel from Foothill Boulevard to Red Hill Country Club Drive and on the east side from Red Hill Country Club Drive to Base Line Road. The Cucamonga Creek Trail Project will extend the life of the existing Cucamonga Creek Trail that has direct connection to the Pacific Electric (P.E.) Trail at Red Hill Country Club Drive. The Day Creek Trail Project will add approximately 1.4 miles of recreational multi-use trail on the west side of the Day Creek Channel beginning at Base Line Road, where the existing Day Creek Channel Trail currently terminates, and extending south to Jack Benny Drive. To improve connectivity, the Day Creek Trail Project will include a signalized crossing at Church Street, a lateral connection from the trail to the Rancho Cucamonga Sports Center, and will expand the area that has a direct connection to the P.E. Trail. SBCTA Policy requires that the attached resolutions and claim forms be approved and submitted shortly after award of a TDA Article 3 grant. No reimbursements under the grant are being sought at this time, however staff will prepare and submit invoices to SBCTA as work progresses on the projects. FISCAL IMPACT: At this time there is no fiscal impact. It should be noted that there is a 35% match associated with each grant application which will be accounted for at the time of construction contract award for each project. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: These projects meet City Council’s core values by promoting and enhancing a safe and healthy community for all, and by providing for continuous improvement through the construction of high- quality public improvements. ATTACHMENTS: Attachment 1 - Resolution No. 2024-015 – Cucamonga Creek Channel Maintenance Project Attachment 2 - TDA Article 3 Award Claim Form – Cucamonga Creek Channel Maintenance Project Attachment 3 - Resolution No. 2024-016 – Day Creek Channel Bike Trail Improvement Project Attachment 4 - TDA Article 3 Award Claim Form – Day Creek Channel Bike Trail Improvement Project Page 155 Resolution No. 2024-XXX – Page 1 of 3 ATTACHMENT 1 RESOLUTION NO. 2024-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AUTHORIZING SUBMITTAL OF A CLAIM TO THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (SBCTA) FOR TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 3 FUNDS FOR THE CUCAMONGA CREEK CHANNEL MAINTENANCE PROJECT WHEREAS, the Mills-Alquist-Deddeh Act (SB 325) was enacted by the California Legislature to improve existing public transportation services and encourage regional transportation coordination. Known as the Transportation Development Act (TDA) of 1971, this law provides funding to be allocated to transit and non-transit related purposes that comply with regional transportation plans; and WHEREAS, TDA provides two funding sources, the Local Transportation Fund (LTF) and State Transit Assistance fund (STA); and WHEREAS, LTF is derived from a ¼ cent of the general sales tax collected statewide and apportioned by population to areas within the county; and WHEREAS, STA is derived from the statewide sales tax on diesel fuel, plus an additional vehicle registration fee authorized under Senate Bill 1, referred to as the State of Good Repair, and both are apportioned by the State Controller’s Office 50% by population and 50% by transit operator revenues; and WHEREAS, the San Bernardino County Transportation Authority (SBCTA) authorizes funding for a wide variety of transportation programs in San Bernardino County, including planning and program activities, pedestrian and bicycle facilities, community transit services, public transportation, and bus and rail projects to local transportation agencies through annual apportionment and allocation processes, and approves payments periodically throughout the year; and WHEREAS, SBCTA awarded the City of Rancho Cucamonga TDA Article 3 grant funds in the amount of $162,415, which includes the recent additional funding in the amount of $78,000, for development of the Cucamonga Creek Channel Maintenance Project within the City of Rancho Cucamonga jurisdiction through a competitive “Call for Projects”; and WHEREAS, TDA Article 3 grant funds are provided on a reimbursement basis; and WHEREAS, SBCTA requires the City of Rancho Cucamonga to submit a claim and request(s) for reimbursement; and WHEREAS, submittal of the claim for TDA Article 3 funds must be first authorized by the City Council of the City of Rancho Cucamonga; and WHEREAS, the Cucamonga Creek Channel Maintenance Project award is over $200,000, and is eligible for progress reimbursement, or under, and eligible for reimbursement at project completion; and Page 156 Resolution No. 2024-XXX – Page 2 of 3 4 4 4 1 WHEREAS, SBCTA requires the designation of individuals authorized to certify Project completion; and WHEREAS, the City Manager, or their designee, is authorized to certify project completion, and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that said submittal of the claim and request for reimbursement(s) for TDA Article 3 funds for the Cucamonga Creek Channel Maintenance Project in the amount of $162,415 is hereby authorized, and that the City Council is furthermore authorized to certify project completion. Page 157 Resolution No. 2024-XXX – Page 3 of 3 4 4 4 1 PASSED, APPROVED, and ADOPTED this 20th day of March, 2024. ___________________________________ L. Dennis Michael, Mayor City of Rancho Cucamonga ATTEST: ________________________________ Janice C. Reynolds, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 20th day of March 2024. AYES:________________________ NOES:________________________ ABSENT:________________________ ABSTAINED:________________________ Executed this 20th day of March, 2024, at Rancho Cucamonga, California. ________________________________ Janice C. Reynolds, City Clerk APPROVED AS TO FORM: ________________________________ Nicholas R. Ghirelli, City Attorney Richards, Watson & Gershon Page 158 San Bernardino County Transportation Authority Claim Form Article 3 Grant Program Project Name:Cucamonga Creek Channel: Foothill to Base Line Grant Allocation No:L24-0702-0745-00 Claimant: Rancho Cucamonga Address: Attention: Phone No: E-mail Address: $ 162,415.00 Purpose:Please check one purpose. Note: this form only needs to be completed and submited with the full award amount once. Authorizing Signature: (Authorized Agent specified in Authorizing Resolution) Date: Signature John Gillison, City Manager Type Name & Title 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Approval of this claim and payment by the County Auditor to this claimant are subject to monies being available and to the provision that such monies will be used only in accordance with the approved allocation instruction. Transit Stop Access Improvements, PUC 99233.3 Cesar Guevara, Associate Engineer 909-774-4057 cesar.guevara@cityofrc.us Condition of Approval: Article 3 Bicycle/Pedestrian Facilities, Public Utilities Code (PUC) 99233.3 Award Amount Art3_Rancho Cucamonga_FY23_BikePed_Cucamonga Creek_Claim Claim Form Page 1 Page 159 Resolution No. 2024-XXX – Page 1 of 3 ATTACHMENT 3 RESOLUTION NO. 2024-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AUTHORIZING SUBMITTAL OF A CLAIM TO THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (SBCTA) FOR TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 3 FUNDS FOR THE DAY CREEK CHANNEL BIKE TRAIL IMPROVEMENT PROJECT WHEREAS, the Mills-Alquist-Deddeh Act (SB 325) was enacted by the California Legislature to improve existing public transportation services and encourage regional transportation coordination. Known as the Transportation Development Act (TDA) of 1971, this law provides funding to be allocated to transit and non-transit related purposes that comply with regional transportation plans; and WHEREAS, TDA provides two funding sources, the Local Transportation Fund (LTF) and State Transit Assistance fund (STA); and WHEREAS, LTF is derived from a ¼ cent of the general sales tax collected statewide and apportioned by population to areas within the county; and WHEREAS, STA is derived from the statewide sales tax on diesel fuel, plus an additional vehicle registration fee authorized under Senate Bill 1, referred to as the State of Good Repair, and both are apportioned by the State Controller’s Office 50% by population and 50% by transit operator revenues; and WHEREAS, the San Bernardino County Transportation Authority (SBCTA) authorizes funding for a wide variety of transportation programs in San Bernardino County, including planning and program activities, pedestrian and bicycle facilities, community transit services, public transportation, and bus and rail projects to local transportation agencies through annual apportionment and allocation processes, and approves payments periodically throughout the year; and WHEREAS, SBCTA awarded the City of Rancho Cucamonga TDA Article 3 grant funds in the amount of $510,250, which includes the recent additional funding in the amount of $107,250, for development of the Day Creek Channel Bike Trail Improvement Project within the City of Rancho Cucamonga jurisdiction through a competitive “Call for Projects”; and WHEREAS, TDA Article 3 grant funds are provided on a reimbursement basis; and WHEREAS, SBCTA requires the City of Rancho Cucamonga to submit a claim and request(s) for reimbursement; and WHEREAS, submittal of the claim for TDA Article 3 funds must be first authorized by the City Council of the City of Rancho Cucamonga; and WHEREAS, the Day Creek Channel Bike Trail Improvement Project award is over $200,000, and is eligible for progress reimbursement, or under, and eligible for reimbursement at project completion; and Page 160 Resolution No. 2024-XXX – Page 2 of 3 4 4 3 6 WHEREAS, SBCTA requires the designation of individuals authorized to certify Project completion; and WHEREAS, the City Manager, or their designee, is authorized to certify project completion, and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that said submittal of the claim and request for reimbursement(s) for TDA Article 3 funds for the Cucamonga Creek Channel Maintenance Project in the amount of $510,250 is hereby authorized, and that the City Council is furthermore authorized to certify project completion. Page 161 Resolution No. 2024-XXX – Page 3 of 3 4 4 3 6 PASSED, APPROVED, and ADOPTED this 20th day of March, 2024. ___________________________________ L. Dennis Michael, Mayor City of Rancho Cucamonga ATTEST: ________________________________ Janice C. Reynolds, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 20th day of March 2024. AYES:________________________ NOES:________________________ ABSENT:________________________ ABSTAINED:________________________ Executed this 20th day of March, 2024, at Rancho Cucamonga, California. ________________________________ Janice C. Reynolds, City Clerk APPROVED AS TO FORM: ________________________________ Nicholas R. Ghirelli, City Attorney Richards, Watson & Gershon Page 162 San Bernardino County Transportation Authority Claim Form Article 3 Grant Program Project Name:Day Creek Channel Trail: Jack Benny to Base Line Grant Allocation No:L24-0702-0745-01 Claimant:Rancho Cucamonga Address: Attention: Phone No: E-mail Address: 510,250.00$ Purpose:Please check one purpose. Note: this form only needs to be completed and submited with the full award amount once. Authorizing Signature: (Authorized Agent specified in Authorizing Resolution) Date: Signature John Gillison, City Manager Type Name & Title 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Approval of this claim and payment by the County Auditor to this claimant are subject to monies being available and to the provision that such monies will be used only in accordance with the approved allocation instruction. Transit Stop Access Improvements, PUC 99233.3 Justin Pope, Associate Engineer 909-774-4037 justin.pope@cityofrc.us Condition of Approval: Article 3 Bicycle/Pedestrian Facilities, Public Utilities Code (PUC) 99233.3 Award Amount Art3_Rancho Cucamonga_FY23_BikePed_Day Creek_Claim.xlsx Claim Form Page 1 Page 163 DATE:March 20, 2024 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Michael Parmer, Assistant to the City Manager SUBJECT:Consideration of First Reading of Ordinance No. 1025, to be Read by Title Only and Waive Further Reading, Amending Chapter 3.08 (Purchasing System) of the Rancho Cucamonga Municipal Code Regarding Design Approval Authority for Public Improvement Projects, and Making a Determination that the Ordinance is Exempt from the California Environmental Quality Act. (ORDINANCE NO. 1025) (CITY) RECOMMENDATION: Staff recommends the City Council introduce, read, and waive further reading of Ordinance No. 1025, amending Chapter 3.08 (Purchasing System) of the Rancho Cucamonga Municipal Code regarding design approval authority for public improvement projects, and making a determination that the ordinance is exempt from the California Environmental Quality Act. BACKGROUND: When public works projects are authorized to be advertised or bids are awarded by the City Council, language is typically included in the City Council action to approve plans and specifications. There are situations where the City Council does not approve plans and specifications, such as small projects, or there are change orders during construction. These situations would benefit from the ability of the City to respond quickly, without having to bring the matter before the City Council at a noticed public meeting. ANALYSIS: Government Code Section 830.6 provides public agencies with a design immunity defense for any public works projects designed and constructed by the public agency, provided that the design was approved in advance of the construction by the agency’s legislative body or by an employee authorized by the legislative body to give such design approval. Staff recommends authorizing the City Manager, Public Works Director, City Engineer, or their designees to approve designs to ensure the City retains the design immunity protection afforded by state law. The City Council can codify the delegation to the City Manager or their designee in the City’s Municipal Code. It is important to note that proposed Ordinance No. 1025 does not in any way impact or change the City Council’s discretionary authority to approve projects and appropriate project funding pursuant to other applicable City policies and procedures. Ordinance No. 1025 also does not circumvent other established project design review and approval processes. Page 164 Page 2 2 2 1 5 Environmental Review This action is not a project within the meaning of the California Environmental Quality Act (CEQA) Guidelines §§ 15378 and 15061(b)(3) as it proposes an organizational structure change that will not result in any direct or indirect physical change in the environment. FISCAL IMPACT: None. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: These amendments support the Council’s goal of promoting a safe and healthy community for all by maintaining safe and livable communities through well-maintained infrastructure and facilities, strong public safety, and significant environmental standards. ATTACHMENTS: Attachment 1 - Ordinance No. 1025 Page 165 Ordinance No. 1025 – Page 1 of 2 4 4 6 8 ORDINANCE NO. 1025 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 3.08 (PURCHASING SYSTEM) OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING DESIGN APPROVAL AUTHORITY FOR PUBLIC IMPROVEMENT PROJECTS, AND MAKING A DETERMINATION THAT THE ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT I. Recitals. A. Government Code Section 830.6 provides that neither a public entity nor a public employee is liable for an injury caused by the plan or design of a construction of, or an improvement to, public property where such plan or design has been approved in advance of the construction or improvement by the legislative body of a public entity or by some other body or employee exercising discretionary authority to give such approval or where such plan or design is prepared in conformity with standards previously so approved. B. In furtherance of the public interest and convenience and the retention of the design immunity protection under Government Code Section 830.6, the City Council of the City of Rancho Cucamonga desires to delegate by ordinance to the City Manager, Public Works Director, City Engineer, or their designees the authority to approve plans and designs for City public improvement projects. C. Such delegation of design approval authority does not change the City Council’s discretion and authority to approve projects and appropriate project funding pursuant to other applicable City policies, procedures, and codes, or circumvent other established project design review and approval processes. II. Findings. A. The City Council hereby finds that this ordinance is not subject to the provisions of the California Environmental Quality Act (“CEQA”) because the activity is not a project as defined by Section 15378 of the CEQA Guidelines. The ordinance has no potential for resulting in physical change to the environment either directly or indirectly. III. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1. The above recitals and findings are all true and correct and incorporated into this Ordinance by reference. SECTION 2. Section 3.08.110 (Bidding for Public Projects) of Chapter 3.08 (Purchasing System) of Title 3 (Revenue and Finance), is hereby amended to add a new subsection G “Delegation of Design Approval Authority” to read as set forth below: 3.08.110 Bidding for Public Projects ATTACHMENT 1 Page 166 Ordinance No. 1025 – Page 2 of 2 4 4 6 8 G. Delegation of Design Approval Authority. The City Manager, Public Works Director, City Engineer, or their designees are authorized to approve plans or designs for public projects for purposes of design immunity pursuant to Government Code Section 830.6. Nothing in this section is intended to, nor will it, preclude the City Council from separately or additionally approving plans or designs for purposes of design immunity pursuant to Government Code Section 830.6. SECTION 3. Severability. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason be held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 4. Publication. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED this _____ day of ______________, 2024. Page 167 Consideration of Ordinance No. 1025 – Design Approval Authority Design Approval Authority •Typically, public works projects include language in City Council actions to approve plans and specifications •However, there are situations where this does not happen •To keep the ability to respond quickly, and ensure the City retains protections afforded by state law, Council can delegate design approval authority to the City Manager or their designee •Council would still retain discretionary authority to approve projects and appropriate funding Recommendation •Introduce, read, and waive further reading of Ordinance No. 1025, amending Chapter 3.08 (Purchasing System) of the Rancho Cucamonga Municipal Code regarding design approval authority for public improvement projects •Make a determination that the ordinance is exempt from the California Environmental Quality Act Questions ? DATE:March 20, 2024 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Noah Daniels, Finance Director Kelly Guerra, Special Districts Analyst SUBJECT:Consideration of (1) Conduct a Public Hearing for the Annexation at the Resort at Empire Lakes Community Facilities District No. 2018-01, (2) Adopt the Resolution Calling an Election, (3) Conduct an Election of the Qualified Voters, (4) Adopt the Resolution Declaring the Election Results, and (5) First Reading of Ordinance No. 1024, to be Read by Title Only and Waive Further Reading to Levy a Special Tax. (RESOLUTION NO. 2024-013 AND 2024-014) (ORDINANCE NO. 1024) (CITY) RECOMMENDATION: It is recommended that the City Council: 1. Conduct a Public Hearing for the annexation at the Resort at Empire Lakes Community Facilities District No. 2018-01, 2. Adopt the Resolution Calling an Election, 3. Conduct an Election of the Qualified Voters, 4. Adopt the Resolution Declaring the Election Results and 5. Introduce the first reading of an Ordinance to Levy the Special Tax to the annexation. BACKGROUND: In December 2018, the City Council approved the formation of the District and the boundary map. That map included the portion of the former Empire Lakes golf course below 6th Street as the initial phase of the development known as The Resort. In May 2023, the developer requested approval to commence with the annexation of the second phase of The Resort, located north of 6th Street, into the District. On February 6, 2024, the City Council approved Resolution 2024-003, declaring the intention to annex the territory into the District. The District finances certain types of services, including, but not limited to, street maintenance, public safety infrastructure, storm drain servicing and improvements, traffic signal maintenance, and various upkeep of the public right-of-way within the boundaries of the District. In addition, the District contributes financially to other special districts. Typically, the properties within the District would have been annexed directly into the overlapping special districts. However, the District was developed to provide a proportional contribution towards these overlapping special districts for its share of maintenance and services of public trails, landscaped areas, parkways, medians, and parks and recreation improvements. Page 168 Page 2 2 2 5 3 ANALYSIS: The approved annexation boundary map was recorded at the County of San Bernardino’s Assessor-Recorder’s office on February 14, 2024, under the document 2024-0034334. The Public Hearing Notice was posted in the Inland Valley Daily Bulletin on March 5, 2024. On February 26, 2024, the City’s Special Counsel, Best Best & Krieger, provided the Consent and Waiver to the property owners. These documents reduce the time required to conduct the election within the annexation process and appoint the landowner’s representative, allowing the representative the authorization to vote on behalf of the landowners in the special election for the annexation. These documents are returned to the City Clerk’s Office, and the special election results will be presented at the City Council meeting. At the City Council meeting, the City Council should open the public hearing, where any comments from the public are to be solicited and heard by the City Council. After taking the public testimony, the hearing will be closed, and the City Council is requested to consider adopting the Resolution calling for a special election. If adopted, the City Council will conduct an election of qualified voters for the annexation and is requested to consider adopting a resolution that will declare the results of the election. Should the above resolutions be adopted by the City Council, and if a favorable two-thirds vote of the qualified electors is received, then the City Council will conduct the first reading of an ordinance that will authorize the levy of special taxes in the annexed territory. The City Clerk would then record the Notice of Special Tax Lien with the San Bernardino County Recorder’s Office. A second reading of the ordinance would then take place on April 3, 2024, completing the annexation process and adding the territory into the District. FISCAL IMPACT: There are no impacts to the City as a result of this item, as the District was formed to be financially self-sufficient. Special tax revenues from the District would be utilized for the maintenance and services provided by the District. In addition, the developer funds the costs of the annexation per the City’s CFD Goals and Policies. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This item addresses the City Council’s core values of actively seeking and respectfully considering all public input and intentionally embracing and anticipating the future as it plans development at the Resort. ATTACHMENTS: Attachment 1 – Resolution Calling Election Attachment 2 – Resolution Declaring Election Results Attachment 3 – Ordinance Page 169 Resolution No. 2024-XXX – Page 1 of 5 ATTACHMENT 1 4 4 2 9 RESOLUTION NO. 2024-XXX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE QUALIFIED ELECTORS OF TERRITORY PROPOSED TO BE ANNEXED TO THE RESORT OF EMPIRE LAKES COMMUNITY FACILITIES DISTRICT NO. 2018-01 OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, THE QUESTION OF LEVYING SPECIAL TAXES WITHIN THAT TERRITORY (ANNEXATION NO. 1) WHEREAS, the City Council (the “City Council”) of the City of Rancho Cucamonga (the “City”) has heretofore conducted proceedings for the establishment of and has established The Resort at Empire Lakes Community Facilities District No. 2018-01 of the City of Rancho Cucamonga, County of San Bernardino, State of California (the “Community Facilities District”) for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the “Mello-Roos Community Facilities Act of 1982,” (the “Act”) to annex territory to the Community Facilities District by complying with the procedures set forth in said Article 3.5; and WHEREAS, on February 6, 2024, the City Council adopted Resolution No. 2024- 003, a resolution of intention to annex territory to the Community Facilities District pursuant to Section 53339.2 of the California Government Code, determining that the public convenience and necessity require that certain property be annexed to the Community Facilities District and containing all of the matters prescribed by Section 53339.3 of said Code, and fixing 7:00 p.m. on March 20, 2024, in the in the regular meeting place of the City Council being 10500 Civic Center Drive, Rancho Cucamonga, California, as the time and place for a hearing upon said resolution; and WHEREAS, pursuant to said resolution, the City Clerk has published and mailed notice of the time and place of said hearing as required by Section 53339.4 of said Code; and WHEREAS, on March 20, 2024, at the time and place of said hearing, the City Council afforded all interested persons for or against the annexation of said property to the Community Facilities District an opportunity to present testimony and to protest against the proposed annexation of said property to the Community Facilities District, and no protests, either oral or in writing, were received; and Page 170 Resolution No. 2024-XXX – Page 2 of 5 ATTACHMENT 1 4 4 2 9 WHEREAS, pursuant to Section 53339.7 of said Code, the City Council may now submit the question of levying a special tax within the territory proposed to be annexed to the Community Facilities District to the qualified electors within that territory. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga, California, hereby: SECTION 1. Findings. The City Council finds that: (i) the foregoing recitals are correct; (ii) less than twelve (12) persons have been registered to vote within the territory proposed to be annexed to the Community Facilities District during the ninety (90) days preceding the close of the public hearing on March 20, 2024; (iii) pursuant to Section 53326 of the California Government Code, as a result of the findings set forth in clause (ii) above, the vote in the special election called by this resolution shall be by the landowners of the territory proposed to be annexed to the Community Facilities District whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one (1) vote for each acre, or portion thereof, which he or she owns within the said territory, which would be subject to the proposed special taxes if they were levied at the time of the election; (iv) pursuant to said Section 53326, the special election must be held at least ninety (90) days, but not more than one hundred eighty (180) days following the date of the adoption of this resolution, unless such time periods are waived with the unanimous waiver of the qualified electors. All of the qualified electors in the territory to be annexed waived the time limits and election formalities of the special election. SECTION 2. Call of Election. The City Council hereby calls and schedules a special election for March 20, 2024, on the proposition with respect to the annual levy of special taxes within the territory proposed to be annexed to the Community Facilities District for paying the cost of the services to be provided within and for the benefit of the territory proposed to be annexed to the Community Facilities District. SECTION 3. Propositions. The propositions to be submitted to the voters of the Community Facilities District at such special election shall be as follows: PROPOSITION A Shall Proposition A authorizing the annual levy of special taxes on taxable property in the territory proposed to be annexed to The Resort at Empire Lakes Community Facilities District No. 2018-01 of the City of Rancho Cucamonga, County of San Bernardino, State of California (the “Community Facilities District”), to pay for costs and services of (i) the maintenance of streets, public trails and trailhead improvements, landscaped areas, parkways, medians, and parks and recreation improvements and public right-of-ways, including, but not limited to, street trees, fencing, irrigation systems, sidewalks, drainage systems, signs, monuments, graffiti removal, replacement, repair or rehabilitation of playground equipment, sports fields, parking lots, restrooms, sport field lighting, street lighting, traffic signals and appurtenant facilities and other improvements placed in parks, trails medians, landscaped areas, or public right-of-ways, furnishing of water, electric Page 171 Resolution No. 2024-XXX – Page 3 of 5 ATTACHMENT 1 4 4 2 9 current or energy, gas, or other illuminating agent for the operation of any improvement within the City of Rancho Cucamonga, (ii) the equipping, furnishing and maintenance of public safety improvements; (iii) the furnishing of any service authorized under the Mello-Roos Community Facilities Act of 1982”, commencing with California Government Code Section 53311, et seq., as may be amended from time to time, (iv) the furnishing of electric current, materials, contracted services, and the necessary maintenance, replacement, and repair required to keep such improvements in operational and satisfactory condition; and (v) the establishment of a reserve fund for the replacement of any such improvements; and incidental expenses associated with the formation of the Community Facilities District, expenses incidental to the provision of such services, and to pay costs associated with the determination of the amount of and the levy and collection of the special taxes at the special tax rates set forth in the following table: Development Status Maximum Special Tax Rate for Fiscal Year 2023-24 Special Tax Developed Property $387.45 per Equivalent Benefit Unit (“EBU”) Undeveloped Property $6,360.46 per Acre Plus an annual increase on each July 1, which commenced on July 1, 2024 of the dollar amount per EBU for Developed Property and the dollar amount per acre of Undeveloped Property by a minimum of two percent (2%) to a maximum of six percent (6%), respectively, determined on an annual basis as needed to satisfy the Special Tax Requirement in perpetuity, as provided in the Rate and Method of Apportionment for The Resort at Empire Lakes Community Facilities District No. 2018-01 of the City of Rancho Cucamonga, which is attached as Exhibit “C” to Resolution No. 2024-003 adopted by the City Council of the City of Rancho Cucamonga on February 6, 2024? SECTION 4. Conduct of Election. Except as otherwise provided in Section 5 hereof, said election shall be conducted by the City Clerk of the City pursuant to the California Elections Code governing mail ballot elections of cities, and in particular, the provisions of Division 4 (commencing with Section 4000) of said Code, insofar as they may be applicable. SECTION 5. Election Procedures. The procedures to be followed in conducting the special election on the levy of Special Taxes to pay the annual costs of the services to the qualified electors of the territory to be annexed to the Community Facilities District (the “Special Election”) shall be as follows: (a) Pursuant to said Section 53326 of the California Government Code, ballots for the special election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid, or by personal service. Page 172 Resolution No. 2024-XXX – Page 4 of 5 ATTACHMENT 1 4 4 2 9 (b) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and specifically Division 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in the form attached hereto as Exhibit “A,” and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of Resolution No. 2024-003; provided, however, that such statement, analysis and arguments may be waived with the unanimous consent of all the landowners. (c) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner- voter and the number of votes to be voted by the landowner-voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner-voter’s land ownership within the territory proposed to be annexed to the Community Facilities District. (d) The return identification envelope mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk. (e) The instruction to voter form to be mailed or delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 7:00 p.m. on March 20, 2024. Page 173 Resolution No. 2024-XXX – Page 5 of 5 ATTACHMENT 1 4 4 2 9 (f) Upon receipt of the return identification envelopes, which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the special election, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot. SECTION 6. Certification. The City Clerk shall certify the passage and adoption of this resolution. PASSED, APPROVED, AND ADOPTED this ____ day of __________ 2024. Page 174 Resolution No. 2024-XXX – A-1 ATTACHMENT 1 EXHIBIT “A” OFFICIAL BALLOT SPECIAL ELECTION NUMBER OF VOTES ENTITLED TO BE CAST: 84 THE RESORT AT EMPIRE LAKES COMMUNITY FACILITIES DISTRICT NO. 2018-01 OF THE CITY OF RANCHO CUCAMONGA (ANNEXATION NO. 1) March 20, 2024 OFFICIAL BALLOT To vote on any measure, fill in the voting square before the word “YES” or before the word “NO” following each proposition. If you tear or deface this ballot, call Daniella V. Hernandez at 951-826-8306 to obtain a replacement ballot. ______________________________________________________________________ PROPOSITION A PROPOSITION A: Shall Proposition A authorizing the annual levy of special taxes on taxable property in the territory proposed to be annexed to The Resort at Empire Lakes Community Facilities District No. 2018-01 of the City of Rancho Cucamonga, County of San Bernardino, State of California (the “Community Facilities District”), to pay for costs and services of (i) the maintenance of streets, public trails and trailhead improvements, landscaped areas, parkways, medians, and parks and recreation improvements and public right-of-ways, including, but not limited to, street trees, fencing, irrigation systems, sidewalks, drainage systems, signs, monuments, graffiti removal, replacement, repair or rehabilitation of playground equipment, sports fields, parking lots, restrooms, sport field lighting, street lighting, traffic signals and appurtenant facilities and other improvements placed in parks, trails medians, landscaped areas, or public right-of-ways, furnishing of water, electric current or energy, gas, or other illuminating agent for the operation of any improvement within the City of Rancho Cucamonga, (ii) the equipping, furnishing and maintenance of public safety improvements; (iii) the furnishing of any service authorized under the Mello-Roos Community Facilities Act of 1982”, commencing with California Government Code Section 53311, et seq., as may be amended from time to time, (iv) the furnishing of electric current, materials, contracted services, and the necessary maintenance, replacement, and repair required to keep such improvements in operational and satisfactory condition; and (v) the establishment of a reserve fund for the replacement of any such improvements; and incidental expenses associated with the formation of the Community Facilities District, expenses incidental to the provision of such services, and to pay costs associated with the determination of the amount of and the levy and collection of the special taxes at the special tax rates set forth in the following table: Page 175 Resolution No. 2024-XXX – A-2 ATTACHMENT 1 Plus an annual increase on each July 1, which commenced on July 1, 2024 of the dollar amount per EBU for Developed Property and the dollar amount per acre of Undeveloped Property by a minimum of two percent (2%) to a maximum of six percent (6%), respectively, determined on an annual basis as needed to satisfy the Special Tax Requirement in perpetuity, as provided in the Rate and Method of Apportionment for The Resort at Empire Lakes Community Facilities District No. 2018-01 of the City of Rancho Cucamonga, which is attached as Exhibit “C” to Resolution No. 2024-003 adopted by the City Council of the City of Rancho Cucamonga on February 6, 2024? □ YES □ NO Development Status Maximum Special Tax Rate for Fiscal Year 2023-24 Special Tax Developed Property $387.45 per Equivalent Benefit Unit (“EBU”) Undeveloped Property $6,360.46 per Acre Page 176 Resolution No. 2024-XXX – Page 1 of 3 ATTACHMENT 2 RESOLUTION NO. 2024-XXX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF THE RESORT OF EMPIRE LAKES COMMUNITY FACILITIES DISTRICT NO. 2018-01 OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ELECTION IN SUCH COMMUNITY FACILITIES DISTRICT ON THE PROPOSITION OF THE ANNUAL LEVY OF SPECIAL TAXES WITHIN THE TERRITORY PROPOSED TO BE ANNEXED TO SAID COMMUNITY FACILITIES DISTRICT TO PAY THE COST OF CERTAIN SERVICES TO BE PROVIDED BY THE COMMUNITY FACILITIES DISTRICT, DETERMINING THAT THE TERRITORY PROPOSED TO BE ANNEXED IS ADDED TO AND PART OF SAID COMMUNITY FACILITIES DISTRICT WITH FULL LEGAL EFFECT, AND ORDERING THE RECORDING OF A MAP OF THE BOUNDARIES OF SAID COMMUNITY FACILITIES DISTRICT INCLUDING THE TERRITORY ANNEXED THERETO (ANNEXATION NO. 1) WHEREAS, the City Council (the “City Council”) of the City of Rancho Cucamonga (the “City”) has heretofore conducted proceedings for the annexation of territory to The Resort at Empire Lakes Community Facilities District No. 2018-01 of the City of Rancho Cucamonga, County of San Bernardino, State of California (the “Community Facilities District”) including conducting a public hearing pursuant to Section 53339.5 of the Government Code; and WHEREAS, at the conclusion of said public hearing, the City Council adopted a resolution calling a special election for March 20, 2024, and submitting to the qualified electors of the territory to be annexed to the Community Facilities District the question of levying special taxes within that territory to pay the costs of certain services and the costs associated with the determination of the amount of and levy and collection of special taxes, which will be levied to provide the services and costs otherwise incurred in order to carry out the authorized purposes of the Community Facilities District (the “Election Resolution”). WHEREAS, the City Council has received a statement from the City Clerk (the “City Clerk”), who pursuant to the Election Resolution was authorized to conduct such special election and act as the election official therefor, with respect to the canvass of the ballots returned in and the results of said special election, certifying that at least two-thirds of the votes cast upon the proposition submitted to the qualified electors in said special election were in favor of such proposition. Page 177 Resolution No. 2024-XXX – Page 2 of 3 ATTACHMENT 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga, California, hereby: SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Findings. The City Council finds that: (i) there are no registered voters residing within the territory proposed to be annexed to the Community Facilities District (the “Territory”) at the time of the close of the public hearing on March 20, 2024, and pursuant to Section 53326 of the Government Code, the vote in said special election was, therefore, to be by the landowners owning land within the Territory, with each landowner having one vote for each acre or portion thereof of land that he or she owned within the Territory; (ii) pursuant to said Section 53326 and the Election Resolution, the City Clerk caused to be delivered an official ballot for the special election to the owner of the land within the Territory, with return postage prepaid; (iii) said special election has been properly conducted in accordance with all statutory requirements and the provisions of the Election Resolution; (iv) pursuant to said Section 53326, Empire Lakes Holding Company, LLC, a Delaware limited liability company, the owner of all the land within the Territory, was entitled to 83.28 (84) votes; (v) said landowner returned its ballot to the City Clerk prior to the time set by the City Clerk for the close of the election on March 20, 2024; (vi) the ballot returned to the City Clerk by said landowner voted all votes of said landowner in favor of the proposition set forth therein; (vii) at least two-thirds of the votes cast in such special election on said proposition were in favor thereof, and pursuant to Sections 53328 and 53329 of the Government Code, said proposition carried; (viii) pursuant to Section 53339.8 of the Government Code, the City Council is authorized to determine that the Territory to be annexed has been added to and become a part of the Community Facilities District with full legal effect; and (ix) the City Council is also authorized, pursuant to said Section 53339.8, to annually levy special taxes within the Territory to pay the costs of the services to be provided by the Community Facilities District. SECTION 3. Declaration of Results. At least two-thirds of the votes voted in the special election on the proposition of the annual levy of special taxes within the Territory to pay the costs of the services to be provided by the Community Facilities District were voted in favor thereof, and such proposition carried. SECTION 4. Annexation. The Territory is annexed and added to and is a part of the Community Facilities District with full legal effect, and the City Council shall annually levy special taxes within the Territory at the rates as specified in Resolution No. 2024- 003 adopted by the City Council on February 6, 2024, to pay costs of certain services to be provided by the Community Facilities District. The boundaries of the Territory are shown on the map entitled, “Annexation Map No. 1 to The Resort at Empire Lakes Community Facilities District No. 2018-01 of the City of Rancho Cucamonga,” which was recorded on February 14, 2024 in the office of the County Recorder of the County of San Bernardino as Instrument No. 2024-0034334. SECTION 5. Notice. Pursuant to Section 53339.8 of the Government Code and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed Page 178 Resolution No. 2024-XXX – Page 3 of 3 ATTACHMENT 2 with the County Recorder of the County of San Bernardino an amendment of the notice of special tax lien and a map of the amended boundaries of the Community Facilities District including the Territory. SECTION 6. Entry of the Election Results in the Minutes. The City Clerk is hereby directed, pursuant to the provisions of the Elections Code of the State of California, to enter in the minutes the results of the election as set forth in said Certificate of Election Official. PASSED, APPROVED, AND ADOPTED this ____ day of __________ 2024. Page 179 Resolution No. 2024-XXX – A-1 ATTACHMENT 2 EXHIBIT “A” CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) CITY OF RANCHO CUCAMONGA) ) The undersigned, ELECTION OFFICIAL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the THE RESORT AT EMPIRE LAKES COMMUNITY FACILITIES DISTRICT NO. 2018-01 OF THE CITY OF RANCHO CUCAMONGA (ANNEXATION NO. 1) in said City, held March 20, 2024. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the territory to be annexed to the Community Facilities District in such City, and the whole number of votes cast for the Proposition in the territory to be annexed to the Community Facilities District in said City, and the totals of the respective columns and the totals as shown for the Proposition are full, true and correct. 1. VOTES CAST ON PROPOSITION A: YES 84 NO 0 WITNESS my hand this ________ day of __________________, 2024. CITY CLERK ELECTION OFFICIAL CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA Page 180 Ordinance No. XXX – Page 1 of 4 4 4 3 0 ORDINANCE NO. 2024-XXX ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY IDENTIFIED AS ANNEXATION NO. 1, INTO THE RESORT OF EMPIRE LAKES COMMUNITY FACILITIES DISTRICT NO. 2018-01 OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA A. Recital WHEREAS, the City Council (the “City Council”) of the City of Rancho Cucamonga (the “City”) has established The Resort at Empire Lakes Community Facilities District No. 2018-01 of the City of Rancho Cucamonga, County of San Bernardino, State of California (the “District”) for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services, which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and WHEREAS, the rate and method of apportionment of special tax for the District is set forth in Exhibit “C” to the City Council Resolution No. 2024-003, which was adopted on February 6, 2024 (the “Resolution”); and WHEREAS, the City has conducted proceedings to annex territory into the District and, with respect to the proceedings, following an election of the qualified electors in the territory proposed for annexation (the “Annexation Territory”), the City Council, on March 20, 2024, adopted a Resolution which declared the results of the special election and determined that the territory proposed to be annexed is added to and part of the District. B. Ordinance NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga, California, acting in its capacity as the legislative body of the City of The Resort at Empire Lakes Community Facilities District No. 2018-01 of the City of Rancho Cucamonga, County of San Bernardino, State of California, does hereby: SECTION 1. The foregoing recitals are true and correct. SECTION 2. By the passage of this Ordinance, the City Council hereby authorizes and levies the special tax within the District, including the Annexation Territory, pursuant to Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the “Mello-Roos Community Facilities Act of 1982,” (the “Act”), at the rate and in accordance with the rate and method of apportionment of special tax set forth in the Resolution, which rate and ATTACHMENT 3 Page 181 Ordinance No. XXX – Page 2 of 4 4 4 3 0 method is by this reference incorporated herein. The special tax has previously been levied in the original territory of the District beginning in Fiscal Year 2019-20 pursuant to Ordinance No. 493 passed and adopted by the City Council on January 16, 2019, and the special tax is hereby levied commencing in Fiscal Year 2024-25 in the District, including the Annexation Territory identified as Annexation No. 1, and in each fiscal year thereafter to pay for the services for the District and the costs of administering the District. SECTION 3. The City Manager of the City or designee or employee or consultant of the City is hereby authorized and directed each fiscal year to determine the specific special tax to be levied for the next ensuing fiscal year for each parcel of real property within the District, including the Annexation Territory, in the manner and as provided in the Resolution. SECTION 4. Exemptions from the levy of the special tax shall be as provided in the Resolution and the applicable provisions of the Act. In no event shall the special tax be levied on any parcel within the District in excess of the maximum special tax specified in the Resolution. SECTION 5. All of the collections of the special tax shall be used as provided in the Act and in the Resolution, including, but not limited to, the payment of the costs of the services, the payment of the costs of the City in administering the District, and the costs of collecting and administering the special tax. SECTION 6. The special tax shall be collected in the same manner and at the same time as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that the District may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations. The City Manager of the City, or his or her designee, is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of San Bernardino in order to effect proper billing and collection of the special tax, so that the special tax shall be included on the secured property tax roll of the County of San Bernardino for Fiscal Year 2024-25 and for each fiscal year thereafter until no longer required to pay for the services or until otherwise terminated by the City. SECTION 7. If for any reason any portion of this Ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the District, including the Annexation Territory, by a court of competent jurisdiction, the balance of this Ordinance and the application of the special tax to the remaining parcels within the District, including the Annexation Territory, shall not be affected. SECTION 8. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance, or a summary of it, to be published in a newspaper of general circulation in the City. Page 182 Ordinance No. XXX – Page 3 of 4 4 4 3 0 The foregoing ordinance was introduced and the title thereof read at the regular meeting of the City Council the 20th day of March, 2024 and by unanimous vote of the City Council members present, further reading was waived. PASSED, APPROVED, AND ADOPTED this _____ day of April 2024. Page 183 The Resort at Empire Lakes Community Facilities District 2018-01 Annexation No. 1 March 20, 2024 The Resort at Empire Lakes: Current and Proposed Annexation Boundary Community Facilities District 2018-01 was formed in 2018. Included the southern portion of the entire development during the initial development. Northern portion was not annexed as it would not be developed for several more years.  On February 6, 2024, Resolution 2024-003 declared the intention to annex the territory to the existing CFD 2018-01. 1.Conduct a public hearing and receive any public comments. 2.Consider the adoption of Resolution Calling Special Election. 3.If the Resolution is adopted, then conduct an election of the qualified voters. 4.After executing the special election, consider adopting a Resolution declaring the results. 5.Conduct the first reading of the ordinance should all Resolutions be adopted, and a favorable vote of the qualified electors is received. Recommendation Summary DATE:March 20, 2024 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 the Second Quarter Financial Update for the Fiscal Year 2023/24 and Approve Various Appropriations and Related Actions. (CITY/FIRE) RECOMMENDATION: Staff recommends the City Council and Fire Board of the Rancho Cucamonga Fire Protection District receive and file the Second Quarter Financial Update for the Fiscal Year 2023/24 and approve various appropriations and related actions. BACKGROUND: Quarterly, the City Manager's Office and Finance Department provide the City Council and Fire Board with a brief update on the financial performance of the City's operating funds, consisting of the General Fund, Library Fund, and Fire District. The report also includes economic factors for the City Council. City staff also provides the City Council and Fire Board with a midyear budget analysis, providing an overview and preliminary revenues and expenditures projections for the remainder of the fiscal year. At this time, certain budgetary appropriations are also requested prior to the conclusion of the midyear amended budget cycle in May to avoid any operational issues. ANALYSIS: The Second Quarter Financial Updates provide the unaudited financial results for the quarter ended December 31, 2023, and the most recent economic data and indicators available. With 50% of the fiscal year completed, the revenues and expenditures for the General Fund, Library Fund, and Fire District are within expected ranges. Similar to the first quarter report, operational and professional service expenditures will generally surpass the benchmark due to encumbrances made at the start of the fiscal year for departmental operations. These encumbrances are a means for budget management and prevent overspending. Departmental use of these encumbrances is examined within the report. Meanwhile, with personnel expenditures, the majority of departments are within an expected range overall, except for the Community Services Department. There are vacancies throughout most departments, but Community Services is impacted more in comparison. When viable, Departments have utilized budget savings from personnel services to increase contract services to ensure service delivery. Page 184 Page 2 2 2 6 4 The major revenue sources for the General Fund, Library Fund, and Fire District are, for the most part, within expectations for the second quarter. However, as of the second quarter, sales tax revenues are slightly behind the benchmarks, primarily due to a slowdown in consumer spending. Sales tax data from the end of the calendar year is necessary to understand the full impacts, as it is the largest revenue quarter for the City. Other revenues, such as licenses and permits, fines and forfeitures, and charges for services, are tracking closely to the benchmark of 50%. The report includes an analysis of the most recent economic data and indicators available. •As of December 2023, the City's unemployment rate was 3.7%, which is more than the previous year's unemployment rate. •The year-over-year consumer price index for January 2024 in the Riverside-San Bernardino-Ontario area was 2.88%. •As of the end of calendar year 2023, the median home price for detached single-family homes was up slightly to $820,000. However, the volume of sales has fallen from their heights during 2021. •Sales tax is facing economic headwinds, which have reduced overall consumer spending. Early data and trends suggest mild growth in late 2024 and into next year but may vary by sector. The Midyear Budget Analysis provides budget and year-to-date actuals of revenues and expenditures for the City's operating funds. For this report, the revenues and expenses are examined and projected for the remaining six months of the fiscal year based on preliminary information and trends identified during the midyear analysis. These projections are subject to change as more information and data become available over the next few months. Below are summary-level notes and considerations to aid the report's review. General Fund As of midyear, General Fund revenues are projected to decrease by $1.2 million or 1.1% from the adopted budget. The decrease is due to lowered forecasts for transfer taxes as a result of a flattening with the number of property sales; sales tax-based revised forecasts from the City's sales tax consultant and anticipated one-time adjustments; and charges for services based on analysis of midyear receipts and the elimination of towing services. Expenditures are projected to increase by $3,033,280, or 2.7%, from the adopted budget. This is a net increase reflecting decreases in personnel services due to full-time and part-time vacancies and offset with increases in professional services due to purchase order carryovers and a planned contribution to the City's Section 115 Plan. Library Fund Library expenditures are projected to be $210,100, or 3.6%, and revenues are expected to decrease by $199,110, or 3.0%, from the adopted budget. As it is with the City, expenditures for the Library Fund are expected to decrease due to full-time and part-time vacancies; however, that decrease is offset by an increase for the capital purchase of the 24/7 library kiosk planned to be installed at Fire Station 178 and an additional transfer to the Library Capital Fund for the Second Story Library and Beyond. Page 185 Page 3 2 2 6 4 Library Fund revenues are projected to decrease primarily due to the elimination of budget allocation of interest revenues from investments. These were eliminated for all funds. Interest earnings will still be received but are reinvested into the investment portfolio and not utilized for current operations. Fire District The Fire District revenues are expected to increase by $3.3 million, or 6.0%, and expenditures are expected to increase by $5.0 million, or 8.8%. The increase in revenues is primarily the result of increases in the passthrough revenues from the former redevelopment agency, which is due to a revenue rebalance between the Fire District General Fund and the Fire District Capital Reserve Fund for operations. Expenditures are increasing as a result of personnel expenditures increasing to reflect added positions and accounting for bargaining until agreements are approved after the adopted budget. Additionally, similar to the City, there is a planned contribution to the Fire District's Section 115 Plan added to the budget. FISCAL IMPACT: Additional appropriations are being requested prior to the amended budget presentation in May. City staff requests that the City Council and Fire Board authorize the following additional appropriations: Account Number Description Reason for Revision Increase/ (Decrease) 1274000-4760 State Grants Fund / State Grant Income CalAPP Grant Award $80,000 1274208-5650/ 2022274-0 State Grants Fund / Capital Projects (Community Dog Park) Correcting appropriation of funds; moving to Fund 120 ($71,000) 1120401-5650/ 2022120-0 Park Development Fund / Capital Projects (Community Dog Park) For final payments to project contractors and vendors $71,000 1290601-5403 Library Fund / Electric Utility Reallocation of electric utility costs with Second Story Library and Beyond $23,650 1710610-5403 Second Story Library and Beyond Fund / Electric Utility Reallocation of electric utility costs with Library Fund. ($23,650) 1329601-5605 Library Capital Fund / Capital Outlay – Computer Equipment Increases for USAC E-Rate Program $29,030 Page 186 Page 4 2 2 6 4 1001001-5300 General Fund / Contract Services Increase to design services for VGCC North Entry $54,000 1198303-5650/ 1922198-0 Citywide Infrastructure Fund / Capital Project – Etiwanda Grade Separation Etiwanda Grade Project funds are shifting from the TCEP Grant to the Citywide Infrastructure Fund $4,675,000 1274208-5200 State Grant Fund / Operations and Maintenance CalRecycle Grant Equipment and Operational Expenses $21,150 1274208-5300 State Grant Fund / Contract Services CalRecycle Grant Professional Services $40,710 1392102-5200 Opioid Settlement Fund / Operations and Maintenance Operations expenses for National Opioid Settlement Funds $22,500 1001318-5005 General Fund / Overtime Increase in overtime wages due to lack of part-time staff $55,000 1001317-5255 General Fund / Gasoline Increase in projected fuel costs $20,000 1274208-9188 State Grant Fund / Transfer out to Integrated Waste Management Fund CalRecycle Grant transfer to Integrated Waste Fund $2,060 1188000-8274 Integrated Waste Fund / Transfer in from State Grant Fund Transfer from CalRecycle Grant $2,060 1001001-5725 General Fund / Other Expenditures City PARS Section 115 Contribution $750,000 3281501-5725 Fire Fund / Other Expenditures Fire District PARS Section 115 Contribution $1,900,000 Corresponding to the City Council and Fire Board's approval of the budget appropriations noted above, the following will be approved: 1. Approve an increase in the City Manager's authorized annual contribution to the PARS Public Agencies Post-Employment Benefits Trust for the City from $300,000 to $750,000 and for the Fire District from $1,000,000 to $1,900,000 for the Fiscal Year 2023/24. Page 187 Page 5 2 2 6 4 COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: Providing regular financial updates supports the City Council's goals of intentionally embracing and anticipating the future by receiving timely financial information upon which they can base their current and future decisions. ATTACHMENTS: Attachment 1 – Quarterly Financial Update – Second Quarter of Fiscal Year 2023/24 Attachment 2 – Midyear Budget Analysis for Fiscal Year 2023/24 Page 188 Quarterly Financial Update Quarter Ended December 31, 2023 ATTACHMENT 1 Page 189 2 INTRODUCTION AND EXECUTIVE SUMMARY 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 quarter ended December 31, 2023. This report has several components: 1.Quarterly Report: Budget to actual variance analysis for revenues and expenditures for July 1, 2023, through December 31, 2023. The quarterly report provides this revenue and expenditure information for the General Fund, Library Fund, and Fire District. Presented in this section are the unaudited year-to-date (YTD) financial results, including encumbrances for expenditures, through the quarter. The actuals are provided with the adopted and revised budgets, the latter of which includes budget adjustments, encumbrance carryovers from the prior fiscal year, and supplemental appropriations approved by the City Council. For comparison purposes, the prior year-to-date (PYTD) financials from the same quarter in the prior fiscal year are included. Colored icons are used to illustrate the financial condition of revenues and expenditures. Green is when the financials are as expected, and yellow is when they are being monitored. If a red is shown, then immediate action is necessary; however, none exists for this quarterly financial report. 2.Economic Overview: Graphs and tables of economic indicators, such as employment data, consumer price index changes, home sales and prices, and sales tax trends, at the local to state level. GENERAL FUND General Fund Revenues Overall, the General Fund revenues are 29% of the budget. Although below the benchmark, revenue sources are not received evenly during the fiscal year. The major revenue sources for the General Fund are property tax, sales tax, franchise fees, and transient occupancy tax. Historically, these comprise about 80% of the annual revenue budget and are analyzed below. Page 190 3 • Property Tax for the quarter ended is $6,434,990, which is 17% of the budget of $37,334,520. Although less than the benchmark of 50%, the revenue is in line with expectations based on the specific apportionment schedule for property tax. Specifically, the first receipt of property taxes occurs in November each year. The current fiscal year is slightly more compared to the prior year’s quarterly amount of $6,281,710. The growth is due to the underlying assessed valuation growth being revised to 6.2%, more than the initial estimate of 5.5% used to develop the adopted budget. This increase in assessed valuation should positively impact the overall property tax revenue for the current fiscal year. • Sales tax is the largest single revenue source for the City. For the quarter ended, sales tax revenues are at $12,683,430, or 32% of the budget of $39,437,880. Despite receipts in the first quarter being positively impacted by higher gas prices from the summer, there is a decrease in overall receipts for the second $6,434,990 $12,683,430 $339,220 $2,267,800 $2,981,040 $3,370,070 $4,176,740 $- $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 $14,000,000 $16,000,000 Property Tax Sales Tax Franchise Fees Transient Occupancy Tax Licenses and Permits Charges for Services All Other General Fund Revenues YTD Revenues PYTD Revenues Page 191 4 quarter compared to last fiscal year of $14,085,150. This decrease reflects broader economic conditions that have tempered consumer spending, which consequently leads to a reduction in taxable sales. Sales tax revenues are cyclical, and the fourth quarter of the calendar year is generally the largest receipt period for the City. The revenue for the quarter ended includes sales tax allocations through October 2023. City staff will continue to monitor monthly sales tax receipts closely as the data from the fourth quarter of the calendar year is collected and updated projections are developed. • Franchise fees for the quarter ended are at $339,220, or 4% of the budget of $9,366,230. The revenue for the quarter includes franchise fees for cable. The variance to the prior year’s of $1,294,980 is due to the late receipt of refuse franchise fees, totaling approximately $954,000, deposited after the quarter ended. Including the late receipt, the adjusted franchise fees are $1,293,220, which is within expectations. • Transient Occupancy Tax (TOT) revenues are $2,267,800, or 42% of the budget of $5,368,390. TOT revenues are collected monthly and are slightly higher than in the prior year. The growth is attributed to increased hotel occupancy rates and higher revenue per available room, which was anticipated and developed into the budget for the current fiscal year. Although TOT is received regularly, it is not uniform throughout the fiscal year. Typically, revenues increase during the second half of the fiscal year. Additionally, the City expected TOT revenues from a new hotel opening during the second half of the fiscal year. As a result, TOT will be reviewed and revised, but overall, it should be close to the original estimate. General Fund Departmental Expenditures Departmental spending for the General Fund consists of three primary categories: personnel services, operations and maintenance, and professional services. For the General Fund, these expenditure categories will be examined against relative benchmarks. Additionally, departments that have capital projects are analyzed without benchmarks as they are generally nonrecurring services. The relative benchmark for personnel services, which include salaries and benefits, is the average for personnel spending overall. This is the relative benchmark due to the predictability of personnel spending, as payroll is disbursed every two weeks, and all departments receive their allocation of estimated benefits at the start of the fiscal year. Departments that have deviated from the average budget utilization by more than 5% are analyzed further. The relative benchmark for operations and maintenance and professional services is both the expected budget utilization of 50% and prior year spending. Departments in these categories are not as regular because of the timing of vendor payments, carryover of purchase orders from the prior year, and changes in operations during the year. Due to these factors, the budget utilization can appear irregular. Therefore, a normalized budget benchmark and a comparison to the prior year for recurring trends are utilized. Departments that have deviated more or less than 10% from the 50% budget benchmark and by 20% from the PYTD are analyzed further. Page 192 5 General Fund Personnel Service Expenditures (Table and Graph) Personnel service expenditures are averaging 60% of the budget. The majority of departments are within the expected range, with the exception of the Community Services Department, which has spent only 53% of its budget. At the quarter's end, the Community Services Department reported personnel service expenditures of $3,515,070, slightly more than last fiscal year's $3,202,440. The variance in the expected spending is due to a number of unfilled full-time and part-time positions. Personnel services will be reviewed and revised to the amount expected to be spent for the remainder of the fiscal year based on the vacancies and hiring difficulties throughout the City. Furthermore, services provided by the Community Services Department will be reviewed to determine if certain revenue-producing services need to be revised as a result of a lack of personnel to deliver services. 63% 62% 59% 60% 58% 65% 63% 53% 64% 61% 59% 62% 61% 61% 59% 61% 0%25%50%75%100% Administra�ve Services Animal Care and Services Building and Safety City Clerk and Records Management City Council City Management Community Improvement Community Services Economic and Community Development Engineering Facili�es Finance Human Resource Innova�on and Technology Planning Public Works Personnel Service Expenditures (by Department) Page 193 6 General Fund Operations and Maintenance Expenditures (Graph and Table) Causes for the Departments deviating from the budget utilization and prior year spending benchmarks are: • The timing of conferences and travel can result in variances in the budget and prior year spending benchmarks and appear erratic based on various conference schedules and locations from year to year. These sorts of variances impact Administrative Services, City Management, and the Community Improvement Departments. However, overall are within expectations for the fiscal year. • The Animal Care and Services Department encumbers funds for recurring programs, such as spaying and neutering services and veterinarian supplies, at the beginning of each fiscal year. Generally, these commitments to spend funds result in the budget utilization benchmark being exceeded as budget funds 4% 83% 43% 22% 59% 35% 62% 39% 40% 84% 55% 42% 47% 64% 23% 49% 90% 0%25%50%75%100% Administra�ve Services Animal Care and Services Building and Safety City Clerk and Records Management City Council City Management Community Improvement Community Services Economic and Community Development Engineering Facili�es Finance Human Resource Innova�on and Technology Planning Police Public Works Opera�ons and Maintenance Expenditures (by Department) Page 194 7 are reserved for an entire year of expected spending. Current year encumbrances are also higher than the prior year, which explains the variance in prior year spending. • The Engineering Department incurred costs for mandatory water pollution permits paid to San Bernardino County in the first quarter. The cost of the permit had been partially subsidized in the prior years by the agency; however, from now on, the full cost of the permit will be incurred, and the total costs are also expected to increase over time. General Fund Professional Service Expenditures (Graph and Table) 81% 49% 35% 68% 65% 52% 82% 90% 82% 76% 60% 62% 77% 49% 87% 0%25%50%75%100% Animal Care and Services Building and Safety City Clerk and Records Management City Management Community Improvement Community Services Economic and Community Development Engineering Facili�es Finance Human Resource Innova�on and Technology Planning Police Public Works Professional Service Expenditures (by Department) Page 195 8 Causes for the Departments deviating from the budget utilization and prior year spending benchmarks are: • City Clerk and Records Department included records management consulting in the prior year. These services were nonrecurring but necessary for records management inventorying, analysis, and other records management support. • City Management Department includes printing and production services for community affairs and Healthy RC for the current fiscal year. These services were encumbered at the start of the fiscal year, resulting in the budget utilization of 68% for the quarter's end, but are within the expected range overall. • The Community Improvement Department includes legal fees for abatements, civil litigation, and contract code enforcement services. These services can be erratic as the underlying cause is to remediate noncompliance activities within the City; however, specific spending can be recoverable. • Economic and Community Development includes marketing and communication efforts for the HART District and general economic development within the City in the current year. • The Engineering Department includes on-call plan check services and other land development services necessary for reviewing large projects in both years. The total amount for on-call services varies depending on needs, and the prior year includes additional amounts for on-call development plan checking services. • Innovation and Technology Department varies due to software subscriptions and support services. These services vary because the subscriptions and services are paid based on the timing of their contracts throughout the fiscal year. Overall, the current fiscal year's spending is as expected. • The Planning Department includes approximately $1.8 million in purchase order carryover from the prior year for various development-related analyses and services. These services are being performed on behalf of developers and are paid for by developers but facilitated by the city. General Fund Capital Project Expenditures (Table) • Animal Care and Services Department represents the purchase of medical tool replacements and large animal disaster emergency equipment and supplies. The latter is being purchased utilizing local grant funds from the ASPCA. • The Community Services Department represents the purchase of portable radios, a sound system, and camera equipment for the Victoria Gardens Cultural Center. Page 196 9 • The Public Works Department is for recurring citywide concrete repair projects. In the current fiscal year, $500,000 was budgeted, and another $492,000 was carried over from the prior year. The project is ongoing and is being done in segments. The remainder represents the purchase of a sculpture at The Bark at Central Park. LIBRARY FUND OVERVIEW Library Revenues Overall, the Library Fund revenues are 55% of the budget. The major revenue sources for the Library Fund is property tax, which is collected by the City and shared with the Library Fund. $3,448,530 $199,870 $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 $4,000,000 Property Tax All Other Library Fund Revenues YTD Revenues PYTD Revenues Page 197 10 • Property Tax for the quarter ended is $3,448,530, which is 56% of the budget of $6,139,110. In contrast to the City, the Library only receives secured and unsecured property taxes, delinquency taxes, and passthrough and residual property taxes from the former redevelopment agency. The latter is received in two installments during the year. The first is received in either December or January, depending on when the County remits the payment. In the current and prior fiscal years, this payment was received in December and, as a result, exceeded the 50% benchmark. • Intergovernmental revenues account for revenues not budgeted at the start of the fiscal year from the Integrated Library System. Library Expenditures. Library Fund expenditures are 64% of the budget at the end of the quarter. Similar to the General Fund, expenditures 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. Additionally, the Library Fund is represented by itself. Therefore, expense categories that have deviated more or less than 10% from the 50% budget benchmark and by 20% from the PYTD are analyzed further. $2,282,790 $755,810 $352,590 $65,880 $251,650 $177,320 $119,740 $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 Personnel Services Opera�ons & Maintenance Professional Services U�li�es Capital Outlay Cost Alloca�on Transfers Out Library Fund Expenditures YTD Expenditures PYTD Expenditures Page 198 11 With the exception of professional services, all of the Library Fund expenditures are within the expected ranges for the quarter that has ended. Professional services include encumbrances for security services, cataloging services, and other materials at both libraries. Generally, these services are encumbered at the start of every year, and this year are higher overall than the prior year. Capital outlay represents the planned installation of a Library Kiosk at Fire Station 178. The kiosk will be installed later this fiscal year when Fire Station 178 is opened. FIRE DISTRICT OVERVIEW Fire District Revenues Overall, the Fire District revenues are 52% of the budget. The major revenue source for the Fire District is property tax, which includes special taxes for Community Facilities Districts (CFD) 85-1 and 88-1 for fire protection and suppression services. Page 199 12 • Property Tax for the quarter ended is $25,612,250, which is 54% of the budget of $47,026,940. The first apportionment of property tax occurred in November, as expected. Additionally, the Fire District receives both passthrough and residual property tax revenues related to the dissolution of the former redevelopment agency. In December, the Fire District received approximately $8 million in passthrough payments. As mentioned, the Fire District includes CFDs 85-1 and 88-1, which levy special taxes for funding services and operations within the CFDs' boundaries. Combined, the CFDs will collect $7.3 million, but receive a $5.2 million contribution of resources from the Fire District’s General Fund to subsidize operations. The contribution is shown as a Transfer In (revenue) to the CFDs and Transfers Out (expenditure) from the Fire District in the summary, revenue, and expenditure tables for the Fire District. $25,612,250 $3,257,580 $- $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 $30,000,000 Property Tax All Other Fire District Revenues YTD Revenues PYTD Revenues Page 200 13 • Other revenues for the quarter ended at $564,910, which is 18% of the budget of $3,088,190. Other revenue includes interest earned on invested funds, rental and lease income, reimbursements, and miscellaneous revenues. Reimbursements from the Other Post-Employment Benefits (OPEB) Trust for the retiree healthcare costs comprise 48% and other non-abated reimbursements, which primarily consist of CalOES, comprise 21% of the budget. Reimbursements from the OPEB Trust for retiree healthcare costs near the end of each fiscal year and reimbursement from CalOES for fire support depend on the timing of reimbursement receipt processing by the state agency. As of the first quarter, results are within expectations. Fire District Expenditures Fire District expenditures are 49% of the budget at the quarter end. Similar to the General Fund, expenditures 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. Additionally, the Fire District is represented by itself. Therefore, expense categories that have deviated more or less than 10% from the 50% budget benchmark and by 20% from the PYTD are analyzed further. $16,710,830 $2,315,970 $1,602,500 $162,890 $111,070 $3,812,940 $2,593,300 $475,810 $- $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 $14,000,000 $16,000,000 $18,000,000 Personnel Services Opera�ons & Maintenance Professional Services U�li�es Debt Service Cost Alloca�on Transfers Out Other Fire District Expenditures YTD Expenditures PYTD Expenditures Page 201 14 Operations and maintenance are at 71% of the budget due to the increased cost of insurance premiums and claims. Overall, property and general liability insurance increased by $380,000 through the quarter that ended compared to the same quarter last year. It is typical for the budget utilization to exceed the benchmark as encumbrances are made at the start of the year for recurring services. For example, fuel and gasoline purchases made throughout the year. Debt service accounts for the interfund loan between the Fire District and the General Fund. The interest component of the interfund loan is shown as debt service for the Fire District. This interfund loan will be fully repaid in October 2023. Capital outlay represents budgeted ADA Improvements at Fire Station 174, which was planned for this fiscal year but will likely be award next fiscal year. ECONOMIC OVERVIEW 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. Statewide, Regional and Local Labor Market According to preliminary December 2023 figures, San Bernardino County had an unemployment rate of 5.0%, which is approximate to the average unemployment rate for the State of California of 5.1%. The graph below shows the unemployment rates (not seasonally adjusted) for the largest Counties and Metropolitan Areas statewide for December 2023: Page 202 15 Source: Employment Development Department, State of California At a local level, the City’s unemployment rate for December 2023 was 3.7%. The City’s unemployment rate is lower than the County and State unemployment, although changes generally mirror the County and State. The City’s unemployment rate is also favorable when compared to other comparable cities in San Bernardino County. Source: Employment Development Department, State of California 4.5% 3.5% 4.7% 4.5% 5.0% 3.9% 5.2% 4.3% 3.8% 5.0% Contra Costa County San Francisco County Sacramento County Alameda County San Bernardino County Santa Clara County Riverside County San Diego County Orange County Los Angeles County Unemployment Rate by Ten Largest Coun�es 3.8% 8.2% 5.0% 4.5% 4.7% 5.1% 4.7% 4.3% 3.4% 4.0% Anaheim-Santa Ana-Irvine MD Fresno MSA Los Angeles-Long Beach-Glendale MD Oakland-Hayward-Berkeley MD Oxnard-Thousand Oaks-Ventura MSA Riverside-San Bernardino-Ontario MSA Sacramento--Roseville--Arden-Arcade MSA San Diego-Carlsbad MSA San Francisco-Redwood City-South San Francisco MD San Jose-Sunnyvale-Santa Clara MSA Unemployment Rate by Ten Largest Areas 2.0% 2.5% 3.0% 3.5% 4.0% 4.5% 5.0% 5.5% Dec-22 Jan-23 Feb-23 Mar-23 Apr-23 May-23 Jun-23 Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Rancho Cucamonga 2.6%3.3%3.4%3.3%3.0%3.1%3.7%3.5%3.7%3.5%3.6%3.6%3.7% San Bernardino County 3.6%4.4%4.5%4.5%4.1%4.3%4.9%4.8%5.1%4.8%5.0%5.0%5.0% California 3.9%4.6%4.8%4.8%4.3%4.5%4.9%4.8%5.1%4.9%4.8%4.9%5.1% Unemployment Rate for City, County, and State Rancho Cucamonga San Bernardino County California Page 203 16 Source: Employment Development Department, State of California Consumer Price Index Source: Bureau of Labor Statistics The Bureau of Labor Statistics for January 2024 indicates that the Consumer Price Index (CPI) in the U.S. for all items experienced a non-seasonally adjusted increase of 0.5% for January. From January 2023 to January 2024, the CPI-U for all items increased by 3.1%. 3.7% 3.3% 4.8%4.6% 4.0% 2.0% 2.5% 3.0% 3.5% 4.0% 4.5% 5.0% Rancho Cucamonga Chino Hills Fontana Ontario Upland Unemployment Rates By City Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 8.59% 10.04%9.42%9.23% 8.41% 7.49%7.33% 4.57%3.93%3.40% 4.87%4.28% 2.88% 0.00% 2.00% 4.00% 6.00% 8.00% 10.00% 12.00% Jan-22 Mar-22 May-22 Jul -22 Sep-22 Nov-22 Jan-23 Mar-23 May-23 Jul -23 Sep-23 Nov-23 Jan-24 CPI 12-Month Change Riverside -San Bernardino -Ontario Page 204 17 For the Riverside area, the CPI has shown up and down movements over recent months. As of January 2024, the CPI was up by 2.88% from the year before. This annual increase is driven by higher prices in various categories, such as shelter, education, communication, and apparel, but offset by lower prices in gasoline and new and used motor vehicles. Additionally, food prices increased by 2.8%, and energy prices dropped by 10.4%. Home Sales and Prices Source: HdL Companies At the end of the calendar year 2023, median home prices for detached single-family homes continued their recent upward trend, increasing by 3.1% for the quarter and 11.6% from the year. At the same time, the total sales volume is still low compared to the record volume in 2021. For 2023, the total sales fell to 891 from 1,222 in the prior year, a decline of 27.1%. The current sales volume is normalized with the fourth quarter of 2022, possibly indicating a new baseline. Sales Tax Sales tax revenue is a primary source of revenue for the City, being generated from retail and business activity, whether that be from sales within the City or sales tax receipts allocated from State and county pools. City staff closely monitors sales tax for the financial impacts. Historically, the largest sectors by the amount of sales tax to the City are general consumer goods, business and industry, restaurants and hotels, and the State and County pools. Per the Q3 2023 report on statewide trends and City sales tax data from HdL Companies, these sectors displayed various trends that might impact the City’s overall taxable sales: • General consumer goods reflect the impacts of tighter household budgets and economic headwinds. Recently, reports on consumer confidence and sentiment on the economy reflect favorable expectations $617,500 $725,000 $735,000 $820,000 $- $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 Me d i a n P r i c e S a l e s Sales and Value History Detached Single Family Homes Full Value Sales Median Price Page 205 18 for general merchandise, which should help the sector, as it has softened over recent months. The current outlook is that mild growth could occur in the second half of 2024. • Business and industry was mixed, but overall decreased for the City. Impacts on the sector are generally due to inventory, labor, and demand challenges. A modest improvement is projected moving into next year. • Restaurants and Hotels increased due to rising menu prices, although at a slower pace than last year. Changing wage laws for fast food workers may contribute to rising prices, which are commonly passed on to customers. As a result, fast casual and quick service dining could experience a boost in taxable sales due to higher prices. • State and County pools decline primarily due to a shift in sales tax allocations, influenced by increased in- state fulfillment and evolving e-commerce trends. Forecasts for the City suggest a gradual recovery into the next fiscal year; however, the sales tax allocations continue to challenge traditional sales tax streams, and tax law can shift funding unexpectedly. The chart below depicts a breakdown of business sectors that generate sales tax for the City as of the most recent sales tax data available. General Consumer Goods 27%Business and Industry 16% Restaurants and Hotels 17% State and County Pools 14% Autos and Transporta�on 3%Building and Construc�on 9% Fuel and Service Sta�ons 7% Food and Drugs 5% Sales Tax Sectors as a Percent of Total Page 206 City of Rancho Cucamonga Operating Budget Fiscal Year 2023/24 Midyear Budget Analysis Executive Summary Page 1 of 25 INTRODUCTION The Fiscal Year (FY) 2023/24 Midyear Budget Analysis covers the six months ending December 31, 2023, for the City General Fund, the Library Fund, and the Fire District Operating Funds. The analysis provides an overview of the primary revenues and expenditures for the period and projections for the remainder of FY 2023/24. Expenditures presented in this report do not include encumbrances to focus on actual spending. The information in this report is the most accurate and up-to-date information available at the time it was prepared and are subject to change as the year progresses and more information is received. GENERAL FUND Summary of General Fund Revenues and Expenditures $108,000,000 $109,000,000 $110 ,000,000 $111 ,000,000 $112 ,000,000 $113 ,000,000 $114 ,000,000 $115 ,000,000 $116 ,000,000 Adopted Budget Projected Year-End General Fund Summary of Revenues and Expenditures ATTACHMENT 2 Page 207 City of Rancho Cucamonga Operating Budget Fiscal Year 2023/24 Midyear Budget Analysis Executive Summary Page 2 of 25 The General Fund expenditures are expected to increase from the adopted budget by $3,033,280, 2.7%, to $115,303,940. In contrast, revenues are projected to decrease by $1,217,990, or 1.1%. Overall, expenditures are expected to increase from the adopted budget due to a planned contribution to the City's Section 115 Plan and for the carryover of encumbrances opened but not spent at the end of the last fiscal year. Both of those items are calculated as part of the annual fiscal year close process, which occurs after the adoption of the City's budget. As the amounts are determined, portions of the General Fund's fund balance are reserved to be used in the current fiscal year as the spending occurs. For reference, the contribution to the City's Section 115 Plan is determined based on the prior fiscal year's financial surplus and the encumbrance carryover based on actual year-end operations. Due to timing, these are not included in the adoption budget and are added at midyear. Including the expenditures that are offset by the planned use of fund balance, the significant changes for expenditures are: • A decrease in personnel services of $2,033,710 due to vacancies in full-time and part-time staff appears to be an ongoing challenge for the City; however, it seems to have eased slightly compared to the prior year. • Increases from purchase order carryovers from the prior fiscal year of approximately $3,501,270. As said, this spending utilizes the planned use of reserves as it represents spending encumbered in the prior year and carried into the current fiscal year. • A planned contribution of $750,000 to the City's Section 115 Plan for PERS Rate Stabilization. The contribution is reflected in the projected expenditures for the fiscal year and utilized planned reserves based on a surplus from the prior fiscal year. Meanwhile, revenues are expected to decrease primarily due to lowered forecasts for certain taxes and charges for services: • Transfer taxes are expected to decrease by $457,740, a reflection of the falling number of overall property sales in the City. • Sales taxes are projected to decrease by $642,800 based on revised forecasts from the City's sales tax consultants and anticipated one-time adjustments. • Charges for services are expected to decrease by $841,600 based on an analysis of current year-to-date receipts and the elimination of the towing service fees at the start of the fiscal year. Page 208 City of Rancho Cucamonga Operating Budget Fiscal Year 2023/24 Midyear Budget Analysis Executive Summary Page 3 of 25 General Fund Revenue Analysis Property tax revenue includes current and prior year secured and unsecured property taxes, supplemental and delinquency taxes, unitary taxes, property transfer tax, and post-redevelopment agency residual balance revenues. Total property tax revenues are projected to decrease by $192,990, or 1.6%, from the adopted budget. This overall change reflects a combination of increases and decreases across different tax categories: o Secured and Unsecured Property Taxes: Expected to decrease by $53,150, or 0.9%, which accounts for higher-than-anticipated growth in assessed valuations but is disproportionally offset by increased allocations towards the RC Enhanced Infrastructure Financing District (EIFD). The EIFD growth is different from the City-overall because it includes specific properties within the City that are expected to develop over the next several years. $- $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 $14,000,000 FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 General Fund Property Tax Midyear Actual Revenues Fiscal Year Total Actual Revenues Fiscal Year Budgeted Revenues Projected Year-End Revenues Page 209 City of Rancho Cucamonga Operating Budget Fiscal Year 2023/24 Midyear Budget Analysis Executive Summary Page 4 of 25 o Supplemental and Delinquency Taxes: Anticipated to increase by $114,950, or 37.4%, primarily due to a rise in supplemental taxes based on prior year property sales trends. Early estimates are that supplemental taxes will fall next fiscal year due to the number of property sales falling towards the end of 2024 and flattening. o Unitary Taxes: Decrease by $110,820, or 11.9%, to match actual receipts from the prior year. There have been recent challenges by the public agencies that pay the taxes to the State, which have created uncertainty in projecting revenue increases. o Transfer Taxes: Estimated to decrease by $457,740, or 34.7%, reflecting the lower number of total property sales compared to heights during the calendar year 2021, as reflected in the graph below: o Residual balance revenues from the Former Redevelopment Agency: Expected to increase by $313,770, or 9.4%, driven by growth in assessed valuations and supplemental taxes. 0 100 200 300 400 500 600 Sales History Detached Single Family Homes Page 210 City of Rancho Cucamonga Operating Budget Fiscal Year 2023/24 Midyear Budget Analysis Executive Summary Page 5 of 25 Property tax in-lieu of VLF is projected to increase by $273,510, or 1.1%. The increase is due to the underlying assessed valuation growth and is calculated by annualizing the first of two equal remittances received by the City. Page 211 City of Rancho Cucamonga Operating Budget Fiscal Year 2023/24 Midyear Budget Analysis Executive Summary Page 6 of 25 Sales tax revenues, the largest single revenue source for the City's General Fund, are projected to decrease by $642,880, or 1.6% below the adopted budget. This decline is attributed to nonrecurring adjustments, such as the closure of an automotive dealer and corrections related to e-commerce fulfillment center allocations previously paid to the City. For clarity on the components of the local sales tax rate, the statewide base sales and use tax is 7.25%, of which the City receives 1.00% of that base tax. An additional district tax levied by the San Bernardino County Transportation Authority brings the total local sales tax rate to 7.75%. The breakdown of the total local sales tax is as follows: Rate Jurisdiction Purpose State 3.94% Goes to the State's General Fund State 2.06% Goes to Local Public Safety Fund and Revenue Fund County 0.25% Goes to San Bernardino County transportation funds $- $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 $30,000,000 $35,000,000 $40,000,000 $45,000,000 FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 General Fund Sales Tax Midyear Actual Revenues Fiscal Year Total Actual Revenues Fiscal Year Budgeted Revenues Projected Year-End Revenues Page 212 City of Rancho Cucamonga Operating Budget Fiscal Year 2023/24 Midyear Budget Analysis Executive Summary Page 7 of 25 City 1.00% Goes to the City of Rancho Cucamonga Subtotal: 7.25% Total Statewide Base Sales and Use Tax Rate Additional District Tax: County 0.50% Goes to the San Bernardino County Transportation Authority Total: 7.75% Total Local Sales and Use Tax Rate The City does not levy any additional sales tax compared to other neighboring cities, such as: City Additional Tax Total Rate Montclair 1.25% 9.00% Corona 1.00% 8.75% Colton 1.00% 8.75% Norco 1.00% 8.75% Ontario 1.00% 8.75% Redlands 1.00% 8.75% Riverside 1.00% 8.75% San Bernardino 1.00% 8.75% Page 213 City of Rancho Cucamonga Operating Budget Fiscal Year 2023/24 Midyear Budget Analysis Executive Summary Page 8 of 25 Transient occupancy tax (TOT), a 10% levy on hotels, motels, short-term rentals, and other short- term accommodations, is projected to fall by $189,580, or 3.5%, to $5,178,810. This decrease is primarily due to the delayed opening of a new hotel, which was expected to contribute six months of TOT revenue in the current fiscal year but is now anticipated to open next fiscal year. Despite this shortfall, TOT revenues are expected to exceed the previous year's totals as there is a seasonal increase in the second half of the fiscal year, and overall high occupancy and increasing room rate forecasts from the Greater Ontario Convention and Visitors Bureau. $- $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 General Fund Transient Occupancy Tax Midyear Actual Revenues Fiscal Year Total Actual Revenues Fiscal Year Budgeted Revenues Projected Year-End Revenues Page 214 City of Rancho Cucamonga Operating Budget Fiscal Year 2023/24 Midyear Budget Analysis Executive Summary Page 9 of 25 The table below compares the City's TOT rate to neighboring cities. City TOT Rate Riverside 13.00% Upland 12.00% Ontario 11.75% Chino Hills 12.00% Fontana 8.00% Franchise Fees collected from utilities in the City are expected to increase by $97,730, or 1.0%, from the previous year. o Electricity franchise fees are projected to decrease slightly by $28,200 due to growth estimates adjusting to 6.5% from 7.5% initially expected. $- $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 $8,000,000 $9,000,000 $10,000,000 FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 General Fund Franchise Fees Midyear Actual Revenues Fiscal Year Total Actual Revenues Fiscal Year Budgeted Revenues Projected Year-End Revenues Page 215 City of Rancho Cucamonga Operating Budget Fiscal Year 2023/24 Midyear Budget Analysis Executive Summary Page 10 of 25 o Refuse franchise fees are anticipated to rise by $298,520, reflecting increased rates for residential and commercial customers based on current receipts. o Cable franchise fees are expected to continue their downward trend, decreasing by $172,590 for the fiscal year. Licenses and Permits revenue is projected to increase by $123,620, or 2.2%, from the adopted budget. This growth is primarily driven by an anticipated increase of $85,250 in building permits based on an analysis of current receipts. Despite the complexity of forecasting revenues from building permits and business licenses, it's noted that actual revenues often surpass projections, as experienced in the previous year. $- $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 $8,000,000 FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 General Fund Licenses and Permits Midyear Actual Revenues Fiscal Year Total Actual Revenues Fiscal Year Budgeted Revenues Projected Year-End Revenues Page 216 City of Rancho Cucamonga Operating Budget Fiscal Year 2023/24 Midyear Budget Analysis Executive Summary Page 11 of 25 Fines and forfeitures are expected to increase by $187,140, or 17.7%, primarily due to a large one-time bail remittance from the County. $- $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 $1,600,000 FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 General Fund Fines and Forfeitures Midyear Actual Revenues Fiscal Year Total Actual Revenues Fiscal Year Budgeted Revenues Projected Year-End Revenues Page 217 City of Rancho Cucamonga Operating Budget Fiscal Year 2023/24 Midyear Budget Analysis Executive Summary Page 12 of 25 Charges for Services are projected to decrease by $841,600, or 13.2%, from the previous year, due primarily to the following changes: o Plan check fees are expected to decrease by $499,190, or 35.7%, due to smaller project plan checks, which require less staff time. o Engineering fees are anticipated to decrease by $212,000, or 16.2%, based on analysis of current receipts and projecting activity to the end of the fiscal year. o Recreation fees are projected to increase by $243,700, or 31.4%, due to higher registrations for various programs than expected at the start of the fiscal year. o Towing Service fees were eliminated at the start of the fiscal year, resulting in a decrease of $468,960. $- $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 $8,000,000 $9,000,000 FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 General Fund Charges for Services Midyear Actual Revenues Fiscal Year Total Actual Revenues Fiscal Year Budgeted Revenues Projected Year-End Revenues Page 218 City of Rancho Cucamonga Operating Budget Fiscal Year 2023/24 Midyear Budget Analysis Executive Summary Page 13 of 25 Other General revenue highlights are summarized below: • Use of Money and Property: Revenue from interest earnings on investments, interfund advances, and rental/lease income is projected to decrease by $585,480, or 29.0%, from the adopted budget. The decrease is largely due to the removal of a $758,130 budget allocation of interest earnings, which, although still received, are reinvested into the City's portfolio and not allocated for current operations. • Transfers from Other Funds: Expected to increase by $348,300 or 19.6%, based on changes with the Rancho Cucamonga Municipal Utility. General Fund Expenditures Analysis $- $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 $30,000,000 $35,000,000 $40,000,000 $45,000,000 FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 General Fund Personnel Services Midyear Actual Expenditures Fiscal Year Total Actual Expenditures Fiscal Year Budgeted Expenditures Projected Year-End Expenditures Page 219 City of Rancho Cucamonga Operating Budget Fiscal Year 2023/24 Midyear Budget Analysis Executive Summary Page 14 of 25 Personnel services include full-time salaries, part-time wages and overtime, and related benefits for the General Fund's departments. Overall, personnel services are expected to decrease by $2,033,710, or 5.3%, due to multiple vacancies in most departments and general recruitment challenges due to changes in the labor force, though vacancies have improved since this time last year. Potential savings could increase if current vacancies, budgeted for the six remaining months of this fiscal year, remain unfilled. Departments most impacted by vacancies are Building and Safety, Community Services, Engineering, and Planning. To avoid interruption in services, some departments have utilized personnel salary savings to fund contracted professional services when possible while working towards filling their various vacancies. Professional services include contractual services to perform services directly. Consulting and contractual services may have various contract start dates and payments but are generally consistent in the timing of invoice payments. The current year's budgeted expenditures are forecasted to be $2,554,700, or 4.0%, more than the adopted budget. The increase is primarily due $- $10,000,000 $20,000,000 $30,000,000 $40,000,000 $50,000,000 $60,000,000 $70,000,000 FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 General Fund Professional Services Midyear Actual Expenditures Fiscal Year Total Actual Expenditures Fiscal Year Budgeted Expenditures Projected Year-End Expenditures Page 220 City of Rancho Cucamonga Operating Budget Fiscal Year 2023/24 Midyear Budget Analysis Executive Summary Page 15 of 25 to the incorporation of prior year encumbrances carried in the current fiscal year, totaling approximately $3,501,270. As previously mentioned, these are determined after the adoption of the fiscal year's budget and verified during the fiscal year close, and a portion of the fund balance is reserved for spending in the current fiscal year. Offsetting are reductions based on changes in expected operations, including personnel credits from the San Bernardino County Sheriff's contract, which is reflected in the projected expenditures as a $676,060 reduction to the overall contract. These personnel credits are a result of promotions, injuries, or vacancies, all temporary factors, and are only budgeted up to what is realized without creating a surplus and not forecasted out to the end of the year. • Other General Fund expenditure highlights are summarized below. • Utilities: Generally, telephone, gas, water, electricity, and internet utilities. Electricity, gas, and telephone utilities are expected to stay on track as of midyear. A slight decrease in anticipated water expenditures resulted from lower spending on water for park maintenance in the Public Works department. A slight increase in internet expenses is anticipated as a result of additional network systems and services being added at midyear. • Other Expenditures: A planned contribution of $750,000 to the City's Section 115 for PERS Rate Stabilization is scheduled. The expenditure is offset by a planned use of reserves from the Fiscal Year 2022/23 financial results. Page 221 City of Rancho Cucamonga Operating Budget Fiscal Year 2023/24 Midyear Budget Analysis Executive Summary Page 16 of 25 LIBRARY FUND Summary of Library Fund Revenues and Expenditures The Library Fund expenditures are expected to increase by $210,100, or 3.6%, and revenues are expected to decrease by $199,110, or 3.0%, from the adopted budget. Increases for expenditures are a net of personnel services decreasing by $354,680 due to full-time and part-time vacancies, an increase in capital expenditures of $251,660 for the 24/7 Library (a purchase order carryover from last fiscal year, and an increase in transfers to the Library Capital Fund of $190,120 for the Second Story Library and Beyond Project. Library Fund revenues changed predominately due to the elimination of $204,650 budgeted allocation of interest earnings, which, like with the City General Fund, are received but are reinvested into the Library Fund's investment portfolio and not utilized for current operations. $5,400,000 $5,600,000 $5,800,000 $6,000,000 $6,200,000 $6,400,000 $6,600,000 $6,800,000 Adopted Budget Projected Year-End Library Fund Summary of Revenues and Expenditures Page 222 City of Rancho Cucamonga Operating Budget Fiscal Year 2023/24 Midyear Budget Analysis Executive Summary Page 17 of 25 Library Fund Revenue Analysis Property tax revenue includes the Library Fund's share of current and prior year secured and unsecured property taxes, supplemental and delinquency taxes, and post-redevelopment agency passthroughs and residual balance revenues. Total property tax revenues for the Library Fund are expected to decrease by $17,540, or 0.3% from the adopted budget. o Secured and Unsecured Property and Supplemental Taxes: The Library Fund is allocated a portion of the General Fund's property taxes and will benefit from the higher-then-anticipated growth in assessed valuation and changes in supplemental taxes. Combined, current and prior secured and unsecured property tax and supplemental and delinquency taxes are expected to increase by $40,500, or 1.1%. FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 Midyear Actual Revenues 1,460,744$ 2,635,369$ 2,782,574$ 1,719,572$ 3,236,785$ 3,448,532$ Fiscal Year Total Actual Revenues 4,582,639$ 4,711,464$ 5,214,240$ 5,326,549$ 5,699,184$ Fiscal Year Budgeted Revenues 6,139,110$ Midyear Percent of Total 31.9%55.9%53.4%32.3%56.8%56.2% Projected Year-End Revenues 6,121,570$ Page 223 City of Rancho Cucamonga Operating Budget Fiscal Year 2023/24 Midyear Budget Analysis Executive Summary Page 18 of 25 o Passthrough revenues from the Former Redevelopment Agency: Passthroughs are forecasted to decrease by $57,950, or 2.4%, based on the growth in the assessed valuation of 6.0%, which is slightly less than the anticipated rate of 8.0% used to develop the adopted budget. Library Fund Expenditures Analysis Personnel services are expected to decrease by $354,680, or 8.7%, due to full-time vacancies, unsuccessful recruitments, and high turnover for part-time staff. While vacancies have improved from the prior year, vacancies still remain in the Senior Librarian and Librarian I positions. Similar to the General Fund, these savings may potentially be more if vacancies remain unfilled. Furthermore, decreased spending on part-time staff was a result of unsuccessful recruitments and significant turnover in the first half of the fiscal year. $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 $4,000,000 $4,500,000 FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 Library Fund Personnel Services Midyear Actual Expenditures Fiscal Year Total Actual Expenditures Fiscal Year Budgeted Expenditures Projected Year-End Expenditures Page 224 City of Rancho Cucamonga Operating Budget Fiscal Year 2023/24 Midyear Budget Analysis Executive Summary Page 19 of 25 Operations and Maintenance include supplies, training, travel, and purchases of library materials. Overall, operations and maintenance are expected to decrease by $20,680, or 2.2%, from the adopted budget due to a reduction in anticipated staff travel and purchases of computer equipment costing less than originally budgeted. $- $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 $1,000,000 FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 Library Fund Operations and Maintenance Midyear Actual Expenditures Fiscal Year Total Actual Expenditures Fiscal Year Budgeted Expenditures Projected Year-End Expenditures Page 225 City of Rancho Cucamonga Operating Budget Fiscal Year 2023/24 Midyear Budget Analysis Executive Summary Page 20 of 25 FIRE DISTRICT Summary of Fire District Revenues and Expenditures The Fire District includes the Fire District General fund and Community Facilities Districts (CFDs) No. 85-1 and 88-1. Fire District expenditures are expected to increase by $4,968,220, or 8.8%, and revenues are expected to increase by $3,307,800, or 6.0%, from the adopted budget. Expenditures are predominately increasing due to projected personnel service expenditures increasing by $2,966,330 as a result of new authorized personnel and the impacts of the new MOUs authorized $52,000,000 $54,000,000 $56,000,000 $58,000,000 $60,000,000 $62,000,000 Adopted Budget Projected Year-End Fire District Summary of Revenues and Expenditures Adopted Budget Projected Year-End Expenditures 56,410,060$ 61,378,740$ Revenues 55,467,020$ 58,774,820$ Projected Budgetary Surplus/(Shortfall)(943,040)$ (2,603,920)$ Planned Uses of Fund Balance: PARS Section 115 Contribution -$ 1,900,000$ Encumbrance Carryovers -$ 62,710$ Employee Leave Payouts -$ 13,680$ CFD 85-1 Use of Fund Balance 943,040$ 627,530$ Total Planned Uses of Fund Balance 943,040$ 2,603,920$ Remaining Budgetary Surplus/(Shortfall)-$ -$ Page 226 City of Rancho Cucamonga Operating Budget Fiscal Year 2023/24 Midyear Budget Analysis Executive Summary Page 21 of 25 after the budget was adopted. Additionally, similar to the City General Fund, a planned contribution of $1,900,000 to the Fire District's Section 115 Plan for PERS Rate Stablizization was determined based on the prior year's financial surplus and is incorporated into the revised midyear budget. The contribution is in addition to the already budgeted $3,820,000 scheduled as part of the multiyear unfunded actuarial liability paydown. The Fire District includes other planned uses of fund balances, which are saved for definitive uses, including encumbrances carryovers, similar to the City's General Fund, and employee leave payouts. Both of these do not utilize current resources and are determined during the annual fiscal year close process and, therefore, are not included in the adopted budget. With the Fire District, there was a planned use of fund balance for operations for CFD No. 85-1 of $943,040 included in the adopted budget; however, based on changes in projected operations, that use of fund balance should decrease to $627,530. Revenues have increased primarily due to an increase in the passthrough revenues from the former redevelopment agency, which is balanced for operations between the Fire District General Fund and the Fire District Capital Reserve Fund. Page 227 City of Rancho Cucamonga Operating Budget Fiscal Year 2023/24 Midyear Budget Analysis Executive Summary Page 22 of 25 Fire District Revenue Analysis Property tax revenue includes current and prior year secured and unsecured property taxes, supplemental and delinquency taxes, unitary taxes, post-redevelopment agency passthroughs and residual balance revenues, as well as special taxes for CFDs No. 85-1 and 88-1. Total property tax revenues for the Fire District are projected to increase by $3,586,540, or 7.9% from the adopted budget. The increase is primarily attributed to changes in the Fire District General Fund because there can be no changes to the special taxes for the CFDs after being levied. o Secured and Unsecured Property Taxes: Expected to decrease by $97,710, or 0.4%. As with the City, this includes an increase due to higher-than-anticipated growth in assessed valuations offset by increased allocations (a reduction overall) to the RC Enhanced Infrastructure Financing District (EIFD). $- $10,000,000 $20,000,000 $30,000,000 $40,000,000 $50,000,000 $60,000,000 FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 Fire District Property Tax Midyear Actual Revenues Fiscal Year Total Actual Revenues Fiscal Year Budgeted Revenues Projected Year-End Revenues Page 228 City of Rancho Cucamonga Operating Budget Fiscal Year 2023/24 Midyear Budget Analysis Executive Summary Page 23 of 25 o Supplemental and Delinquency Taxes: Anticipated to increase by $169,650, or 16.8%, due to a rise in supplemental taxes based on prior year property sales trends. o Unitary Taxes: Decreased by $37,950, or 4.3%, to match prior year receipts due to the aforementioned challenges from the public agencies that pay the taxes to the State. o Passthrough revenues from the Former Redevelopment Agency: Forecasted to increase by $4,049,670, or 28.7%, predominately due to the revenue balancing for operations in the Fire District General and Capital Reserve Fund. Overall, the passthrough revenues are expected to increase due to higher-than-expected growth in the assessed valuation of 6.0%. Other Fire District revenue highlights are summarized below: • Use of Money and Property: Revenue from interest earnings on investments and rental/lease income is projected to decrease by $747,980, or 86.1%, from the adopted budget. The decrease is largely due to the removal of a $745,980 budget allocation of interest earnings, which, although still received, are reinvested into the Fire District's portfolio and not allocated for current operations. Page 229 City of Rancho Cucamonga Operating Budget Fiscal Year 2023/24 Midyear Budget Analysis Executive Summary Page 24 of 25 Fire District Expenditures Analysis Personnel services are expected to increase by $2,966,330, or 9.4%, from the adopted budget. The increase is the result of the Fire Board's approval of three additional battalion chiefs and six firefighters, as well as salary and benefit changes as a result of MOUs approved in June 2023 after the budget adoption took place. Other Fire District expenditure highlights are summarized below: • Professional Services: Contracted services for dispatch services, plan checking, building inspection, physical testing, weed abatement, and employee development resulted in an expected increase of $297,690. $- $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 $30,000,000 $35,000,000 $40,000,000 $45,000,000 FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 Fire District Personnel Services Midyear Actual Expenditures Fiscal Year Total Actual Expenditures Fiscal Year Budgeted Expenditures Projected Year-End Expenditures Page 230 City of Rancho Cucamonga Operating Budget Fiscal Year 2023/24 Midyear Budget Analysis Executive Summary Page 25 of 25 • Other Expenditures: A planned contribution of $1,900,000 to the Fire District's Section 115 for PERS Rate Stabilization is scheduled. This is in addition to the $3,820,000 scheduled to be contributed to CalPERS as additional discretionary paydowns of the Fire District's unfunded actuarial liability. The $1,900,000 contribution is offset by a planned use of reserves from the Fiscal Year 2022/23 financial results. Page 231 Fiscal Year 2023/24 Quarterly Financial Update and Midyear Budget Analysis March 20, 2024 Revenues as of December 31, 2023, are overall comparable to prior year. $- $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 $30,000,000 $35,000,000 $40,000,000 General Fund Library Fund Fire District Revenues as of December 31, 2023 and 2022 FY 2023/24 FY 2022/23 Expenditures as of December 31, 2023, exceed the prior year but are within expectations. $- $10,000,000 $20,000,000 $30,000,000 $40,000,000 $50,000,000 $60,000,000 $70,000,000 General Fund - Departmental Library Fund Fire District Expenditures as of December 31, 2023 and 2022 FY 2023/24 FY 2022/23 Economic Indicators: Unemployment increased and CPI continues to fall. 2.6% 3.7%3.7% 2.0% 2.5% 3.0% 3.5% 4.0% Dec-22 Jun-23 Dec-23 Unemployment Rate for City 8.59% 9.23% 7.33% 3.40% 2.88% 0.00% 2.00% 4.00% 6.00% 8.00% 10.00% 12.00% Jan-22 Jul-22 Jan-23 Jul-23 Jan-24 CPI 12-Month Change Riverside-San Bernardino-Ontario MSA $617,500 $725,000 $735,000 $820,000 $- $200,000 $400,000 $600,000 $800,000 $1,000,000 0 100 200 300 400 500 600 Me d i a n P r i c e Sa l e s Sales and Value History Detached Single Family Homes Full Value Sales Median Price Economic Indicators: home sales are down and flat, while median home prices rise. General Fund: Preliminary Projected Year-End Results $108,000,000 $109,000,000 $110,000,000 $111,000,000 $112,000,000 $113,000,000 $114,000,000 $115,000,000 $116,000,000 Adopted Budget Projected Year-End General Fund - Summary of Revenues and Expenditures •Expenditures increase due to Section 115 contributions and last year’s encumbrance carryovers (utilize fund balance), offset by a $2M decrease in personnel services. •Planned Use of Fund Balances is determined after the adoption of the budget during the fiscal year close-out. •Revenues decrease due to lowered projections for various revenue sources. •Transfer taxes, sales taxes, and charges for services. Library Fund: Preliminary Projected Year- End Results •Expenditures increase due to purchase order carryover for 24/7 Library Kiosk and transfer to Library Capital Fund, offset by a $354,680 decrease in personnel services. •Revenues decrease due to small changes in property taxes and other revenues, and primarily from removal of interest earnings budget, which are not used for current operations. $5,400,000 $5,600,000 $5,800,000 $6,000,000 $6,200,000 $6,400,000 $6,600,000 $6,800,000 Adopted Budget Projected Year-End Library Fund - Summary of Revenues and Expenditures Fire District: Prelim inary Projected Year - End Results •Expenditures increase due to personnel services increases and for a Section 115 contribution and carryover of last year’s unspent encumbrances (both utilize fund balance). •The Section 115 contribution is separate from ongoing additional UAL payments (4 out of 5-year plan) developed with an actuary. •Revenues increase due to increased allocation of passthrough revenues between the Fire District General Fund and Fire District Capital Reserve Fund. Adopted Budget Projected Year-End Expenditures 56,410,060$ 61,378,740$ Revenues 55,467,020$ 58,774,820$ Projected Budgetary Surplus/(Shortfall)(943,040)$ (2,603,920)$ Planned Uses of Fund Balance: PARS Section 115 Contribution -$ 1,900,000$ Encumbrance Carryovers -$ 62,710$ Employee Leave Payouts -$ 13,680$ CFD 85-1 Use of Fund Balance 943,040$ 627,530$ Total Planned Uses of Fund Balance 943,040$ 2,603,920$ Remaining Budgetary Surplus/(Shortfall)-$ -$ $52,000,000 $54,000,000 $56,000,000 $58,000,000 $60,000,000 $62,000,000 Adopted Budget Projected Year-End Fire District - Summary of Revenues and Expenditures Fire District: Prelim inary Projected Year - End Results •Expenditures increase due to personnel services increases and for a Section 115 contribution and carryover of last year’s unspent encumbrances (both utilize fund balance). •The Section 115 contribution is separate from ongoing additional UAL payments (4 out of 5-year plan) developed with an actuary. •Revenues increase due to increased allocation of passthrough revenues between the Fire District General Fund and Fire District Capital Reserve Fund. Adopted Budget Projected Year-End Expenditures 56,410,060$ 61,378,740$ Revenues 55,467,020$ 58,774,820$ Projected Budgetary Surplus/(Shortfall)(943,040)$ (2,603,920)$ Planned Uses of Fund Balance: PARS Section 115 Contribution -$ 1,900,000$ Encumbrance Carryovers -$ 62,710$ Employee Leave Payouts -$ 13,680$ CFD 85-1 Use of Fund Balance 943,040$ 627,530$ Total Planned Uses of Fund Balance 943,040$ 2,603,920$ Remaining Budgetary Surplus/(Shortfall)-$ -$ $52,000,000 $54,000,000 $56,000,000 $58,000,000 $60,000,000 $62,000,000 Adopted Budget Projected Year-End Fire District - Summary of Revenues and Expenditures Economic Slowdown Indications •Similar to the State, there are weakened tax collections and a drop in housing market activity, reflecting an economic slowdown. •Rising unemployment rates and decreased consumer spending align with the Federal Reserve’s actions to cool the economy, with future revenue declines anticipated. •Higher interest rates will subdue new construction and home sales; will remain subdued until rates decrease Recommended City Council and Fire Board Actions 1.Approved recommended budget amendments. 2.Approve to increase the City Manager’s authorized annual contribution limits to the PARS Section 115 Trusts: •City to $750,000 •Fire District to $1,900,000 Questions ? DATE:March 20, 2024 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Matt Marquez, Director of Planning and Economic Development Jennifer Nakamura, CNU-A, Deputy Director of Planning Aracely Estrada, Management Analyst I SUBJECT:Consideration to Receive and File the General Plan Annual Progress Report and the Housing Element Annual Progress Report for 2023. (CITY) RECOMMENDATION: Staff recommends that the City Council receive and file the General Plan Annual Progress Report and the Housing Element Annual Progress Report for 2023; authorize the City Manager to make any necessary non-substantive changes to the report; and direct staff to forward it to the Governor’s Office of Planning and Research and the California Department of Housing and Community Development. BACKGROUND: A General Plan is a city’s blueprint or constitution, for future development. It documents the city’s long-range vision and establishes clear goals, objectives, and actions to guide the community through the next 10 to 20 years of change. A city must update its General Plan periodically to keep up with changing needs and conditions of the city and region. It should also be updated to reflect new local, state and federal laws. State law requires each city and county to adopt a General Plan that address several topics, typically referred to as “elements.” This includes the adoption of a Housing Element. The Housing Element is an important planning policy document that is used to identify the City’s projected housing needs and establish policies that support development of all housing types, including affordable housing. The Housing Element is subject to detailed statutory requirements and mandatory review by the California Department of Housing and Community Development (HCD). The Housing Element is currently in its 6th Cycle, which covers an 8-year planning period from October 2021 through October 2029. The 6th Cycle Housing Element was adopted by the City Council in October 2021 and certified by HCD in August 2022. California Government Code Section 65400 requires that each city and county prepare an Annual Progress Report (APR) to report on the status and progress of the General Plan’s implementation and separately, the Housing Element. Copies of both the General Plan and the Housing Element APRs must be provided to the Governor’s Office of Planning and Research (OPR) and HCD by April 1 of each year. Section 65400 of the Government Code also requires that the annual report be considered at a public meeting before the legislative body allowing for public comment, but not necessarily held as a public hearing. Page 232 Page 2 2 2 6 0 The General Plan APR is separate from the Housing Element APR in that the General Plan APR provides local legislative bodies and the public an update on the progress of implementing the General Plan for their city or county, while the Housing Element APR demonstrates the City’s progress in meeting its projected housing needs. Unlike the Housing Element APR, the General Plan APR does not have a standardized format and the guidance provided by OPR allows for maximum flexibility, which may need to vary based on a jurisdiction’s individual circumstances. ANALYSIS: After a comprehensive and community-inclusive two-year process, the City Council adopted its General Plan on December 15, 2021. The updated General Plan, also referred to as Plan RC, lays out a series of strategies to chart a path towards a 21st century world-class community that is grounded in the foundational core values identified by the Rancho Cucamonga community: Health, Equity and Stewardship. The vision of Plan RC is to create a city for people – a city of great neighborhoods, natural open spaces and parks, thriving commercial and industrial areas, and walkable and active centers and districts, all connected by safe and comfortable streets. The attached General Plan APR summarizes a variety of measures and activities undertaken by the City during 2023 (calendar year) that advance the goals and policies of the updated General Plan. Embracing the opportunity for flexibility in the APR’s format, Rancho Cucamonga’s report has been developed in an easy-to-read format that allows it to also serve as a report card to the residents of Rancho Cucamonga on the city’s progress in implementing Plan RC. Highlights of the APR include measures taken to implement the General Plan and the corresponding General Plan policy(ies) it supports as well as highlights of industrial/commercial and housing/mixed-use development projects that were active in 2023. The General Plan APR also includes data from the Housing Element APR such as the number of applications submitted, and number of housing units entitled, permitted, and constructed. While the Housing Element APR is submitted to OPR and HCD in a large excel file that includes detailed data as required by HCD, the General Plan APR summarizes key points of the Housing Element APR. The General Plan APR and Housing Element APR data was received and filed by the members of the Planning Commission during their March 13, 2024, meeting. Upon acceptance of the 2023 APRs by the City Council, staff will submit the report to the OPR and HCD by the April 1st deadline in compliance with California Government Code Section 65400. FISCAL IMPACT: None. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: As part of the implementation of the General Plan, this item supports the City Council’s Vision of creating 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. ATTACHMENTS: Attachment 1 – 2023 General Plan Annual Progress Report Attachment 2 – 2023 Housing Element Annual Progress Report Page 233 Foundational values defining the vision of our world class community Health, Equity, and Stewardship CITY OF RANCHO CUCAMONGA GENERAL PLAN ANNUAL PROGRESS REPORT 2023 ATTACHMENT 1 Page 234 1 | General Plan Annual Report 2023 TABLE OF CONTENTS CHAPTER 1: INTRODUCTION Introduction…………………………………………………………………………..4 General Plan Annual Progress Report……………………………………………..5 City Council Review…………………………………………………………………6 Compliance with State Guidelines…………………………………………………6 Date of Last General Plan Update………………………………………………....6 About the City………………………………………………………………………..7 At a Glance…………………………………………………………………………..8 CHAPTER 2: IMPLEMENTATION General Plan Implementation……………………………………………………....10 Implementation Highlights.............................…………………………………..11 Industrial/Commercial Development..............…………………………………...20 CHAPTER 3: HOUSING PROGRESS Housing Goals Progress...........................................................................23 Residential/Mixed-Use Development Highlights...........................................27 Conclusion..............................................................................................30 APPENDICES Summary of General Plan Goals and Policies…………………………..………....i Page 235 4 CHAPTER 1 INTRODUCTION A general plan is a city’s blueprint, or constitution, for future development. It documents the city’s long-range vision and establishes clear goals, objectives and actions to guide the community through the next 10 to 20 years of change. A city must update its General Plan periodically to keep up with changing needs and conditions of the city and region. It is also necessary to update in order to reflect new local, state and national laws. After a comprehensive and community-inclusive two-year process, the Rancho Cucamonga City Council adopted its new General Plan on December 15, 2021. The newly updated document, also known as PlanRC, lays out a series of strategies to chart a path towards a 21st century world-class community that is grounded in the foundational core values identified by the Rancho Cucamonga community: Health, Equity and Stewardship. The vision of PlanRC is to create a city for people—a city of great neighborhoods, natural open spaces and parks, thriving commercial and industrial areas, and walkable and active centers and districts, all connected by safe and comfortable streets. Through the implementation of this General Plan, the city will develop to be more welcoming and accessible to both residents and visitors. THE BIG IDEAS In the 2021 General Plan, the community identifies the following Big Ideas as being critical to meeting their vision and core values:  DESIGN FOR PEOPLE FIRST: Focus should be on people and development must be human scale and inviting. Buildings must be designed to be visually appealing, interesting, and at an appropriate scale that attracts activity, but is not overwhelming.  PROVIDE CONNECTIVITY AND ACCESSIBILITY: Physical improvements in the city must provide a range of travel options including new opportunities for walking, bicycling and transit.  CREATE DESTINATIONS: Residents and visitors want places to congregate, gather, and socialize. These places may include small centers near established neighborhoods, more vibrant and dense centers of a downtown scale, and larger mixed-use centers along major corridors.  CULTURAL AND ECONOMIC HUB OF THE INLAND EMPIRE: A downtown area, or several major activity centers, with varied cultural opportunities and public art, will provide areas for social, civic, and commercial activity.  ADDRESS ENVIRONMENTAL JUSTICE: Environmental justice means that everyone in the city has a fair and just opportunity to thrive and no one, especially those with the least means, shoulders the additional health burdens of environmental degradation and pollution. Page 236 5 | General Plan Annual Report 2023 6 PlanRC is organized as four volumes that are divided into topical chapters. The content of the chapters contained in Volume 2, Built Environment, and Volume 3, Environmental Performance, corresponds to the State requirements for the contents of a general plan. It’s not uncommon to see some overlap between the subject areas and the State requirements, however State law allows the City to organize the topics in any fashion that meets the needs of the City. GENERAL PLAN ANNUAL PROGRESS REPORT Each year, cities and counties are required to submit an Annual Progress Report (APR) under California Government Code Section 65400, which provides an update on the General Plan and progress on its implementation to the City Council, the Governor’s Office of Planning and Research (OPR) and the Housing and Community Development Department (HCD) each year. As importantly, the APR serves as a report card to the community, who diligently provided their feedback and insight that helped shape the General Plan, with an update of the City’s progress in implementing its General Plan vision. To assist in the review of the General Plan Annual Progress Report, this report presents the following: • Measures associated with the implementation of the General Plan with specific reference to an individual General Plan goal and/or policy that is supported by the measure • Amendments to the General Plan adopted by the City Council • Progress on meeting City’s housing goals • Economic development activities • Major development applications processed and/or under construction It should also be noted that the implementation strategy for PlanRC includes other essential plans such as the Climate Action Plan and Local Hazard Mitigation Plan. These plans were developed as part of the PlanRC process that help implement, but are not necessarily included, in the General Plan. Updates to these related efforts may also be incorporated as part of the APR.CITY COUNCIL REVIEW On March 20, 2024, the City Council reviewed the 2023 General Plan Annual Progress Report and directed City staff to submit this report to the State Office of Planning and Research and the State Department of Housing and Community Development. COMPLIANCE WITH STATE GUIDELINES The Rancho Cucamonga General Plan is in compliance with all current State Guidelines. This includes Senate Bill 1000 and the Planning for Healthy Communities Act which address environmental justice disparities. DATE OF LAST GENERAL PLAN UPDATE After a comprehensive two-year process, the City Council adopted PlanRC on December 15, 2021. Page 237 7 | General Plan Annual Report 2023 ABOUT THE CITY The City of Rancho Cucamonga is located in the southwest corner of San Bernardino County, bordering the cities of Upland to the west, Ontario to the south, Fontana to the east, the San Bernardino National Forest to the north, and the unincorporated areas of San Bernardino County. The city has a rich history dating back to 1200 A.D. Its name originated from the Kucamongan Native Americans who established a settlement in the city. The Kucamongans were part of the Kizh people, one of the largest concentrations of indigenous peoples on the North American continent. For many years, the area was made up of ranchos that were primarily cattle producing, which eventually evolved into vineyards located within three agricultural areas, Cucamonga, Alta Loma, and Etiwanda. The City was incorporated in 1977 when vineyards were ceasing operations and the land was being considered for development. Rancho Cucamonga is a general law city run under the council-manager form of government. Made up of nearly 47 square miles with a population of about 175,000, Rancho Cucamonga is well known and widely respected for its quality of life, family-friendly neighborhoods, strong employment base, regionally significant retail centers, and active outdoor lifestyles. Access to the city is possible by State Route 210, Interstate 15, Interstate 10, and Foothill Boulevard, also known as the Historic Route 66, as well as the Ontario International Airport and Cucamonga Station. KEY FACTS 2023 HOUSEHOLD INCOME EMPLOYMENT 175,478 POPULATION COUNT 59,042 HOUSEHOLDS $97,887 AVERAGE DISPOSABLE INCOME 36.9 YEARS OLD MEDIAN AGE EDUCATION 47.3 % BACHELOR’S/GRAD/PROF/ ASSOCIATES DEGREE 17.2 % HIGH SCHOOL GRADUATE 25.2 % SOME COLLEGE WHITE COLLAR67.7 % BLUE COLLAR18.3 % SERVICES14.0 % 3.5% UNEMPLOYMENT PRELIMINARY RATE RANCHO CUCAMONGA 46.5 SQ. MILES $103,674 MEDIAN HOUSEHOLD INCOME $45,721 PER CAPITA INCOME $1,400,616 AVERAGE NET WORTH $200,000+ $150,000 - $199,999 $100,000 - $149,999 $75,000 - $99,999 $50,000 - $74,999 $35,000 - $49,999 $25,000 - $34,999 $15,000 - $24,999 <$15,000 9,382 7,372 14,445 8,452 8,089 3,711 2,277 2,193 3,118 15.9% 12.5% 24.5% 14.3% 13.7% 6.3% 3.9% 3.7% 5.3% Planning and Economic Development Department | Economic Development Division | 10500 Civic Center Dr., Rancho Cucamonga, CA 91730 CityofRC.us/economicdevelopment ChooseRC@CityofRC.us 1-909-477-2750 SOURCES: ESRI, CA EDD Last Update February 2024 Page 238 10 CHAPTER 2 GENERAL PLAN IMPLEMENTATION The goals and policies in the General Plan can be implemented in a variety of ways and in a series of actions large and small. The following highlights provide a summary of wide-ranging measures undertaken in 2023 that moved the needle in implementing PlanRC’s goals and policies. For each activity noted in this chapter, the corresponding General Plan policy that it supports is identified and highlighted. A full list of all the General Plan goals and policies is included as an attachment in the Appendices. Page 239 11 | General Plan Annual Report 2023 12 IMPLEMENTATION HIGHLIGHTS DEVELOPMENT CODE UPDATE: In May 2022, the Development Code was updated to codify the goals, policies, and vision of the General Plan. Since the time the updated Development Code was enacted, City staff identified the importance of updating and clarifying the language from time to time to keep up with State law and keep in alignment with the vision of PlanRC. In 2023, amendments were made to the Development Code in three phases: Phase I, approved by City Council on January 18, 2023, amended the zoning map and General Plan Land Map to include the creation of the new Open Space zone, rezoning of residential areas, and the rezoning of various parcels as technical clean-ups. Also amended various technical edits such as typographic errors, new definitions, clarified and added new development standards, and new chapters and sections. Phase II, approved by City Council on March 15, 2023, made various technical edits to clarify and update several Articles such as, street connectivity standards in single-family residential zones; detached accessory structure standards and screening standards within form-based zones; standards related to automobile service stations, smoke shops and height restrictions for wireless telecommunication facilities; building height, façade types, articulation and block sizes in form-based zones; application of floor area ratio standards; changes to the form-based zone land use table; and clarified required non-residential use intensity in various form-based zones. Phase III, approved by City Council on December 20, 2023, made additional technical edits to clarify and update several Articles. Also, amended the zoning map to remain consistent with the underlying General Plan Land Use Designation and to address incorrect zoning. Phase III completed all property rezoning required to remain consistent with the General Plan. Additionally, Ordinance Number 1022 was approved on December 20, 2023, amending multiple sections of the municipal code to ensure compliance with SB 1186, Medicinal Cannabis Patients’ Right of Access Act. The Development Code is considered a living document, intended to change over time to reflect the evolving complexity of the development review process.GENERAL PLAN POLICIES SUPPORTED LC-3.6 Diverse Economy. Guide development and public investments to maintain a fiscally sound city with a diverse and sustainable tax base. LC-3.7 Developing our Economy. Actively promote and encourage opportunities for local economic development, education, housing, locally hiring, internships and employment from cradle to career so as to increase resident retention, improve and grow a strong local economy, achieve a positive jobs-housing match; retain critical educational resources and human capital, reduce regional commuting, gas consumption and greenhouse emissions and ensure equitable opportunities for all residents of the City and region to thrive. LC 3.8 Jobs-housing Match. Encourage new employment generating uses and businesses that improve the jobs-housing match in the city. ECONOMIC DEVELOPMENT STRATEGY: The City’s Economic Development Strategy (EDS) was finalized and adopted by the City Council in October 2023. The EDS was informed by a review of regional, state, and global trends, as well as a detailed analysis of the city's demographic, economic, and market conditions. The EDS is a five-year work plan that will guide and support the City in establishing and sustaining Rancho Cucamonga as the cultural and economic hub of the Inland Empire. The EDS is meant to be fluid in that it will be reviewed annually to determine if there is a change in priorities or if resources need to be shifted. Page 240 13 | General Plan Annual Report 2023 14 EPICENTER MASTER PLAN: The General Plan establishes a Downtown Focus Area plan that envisions and illustrates the potential of the area around Victoria Gardens and the Epicenter Sports Complex to become the “real downtown” of Rancho Cucamonga. The General Plan envisions this Epicenter area as a fun, active district which serves as a destination for recreation, entertainment, and gathering. In alignment with the vision of the General Plan, the City undertook preparation of the Epicenter Master Plan to implement this key portion of the Downtown Focus Area plan. The Master Plan was approved by City Council on December 20, 2023. In addition to accelerating the vision for the “real downtown” of Rancho Cucamonga, the Epicenter Master Plan also addresses two important challenges: 1) there is not enough community activity throughout each day and each season of the year at the Epicenter, and 2) there is not enough revenue to cover what the City spends maintaining the 56-acre holdings in the plan area. Thus, the Master Plan will guide new public and private investment and development in the plan area to ensure they enhance and expand the range of community-serving activities and amenities and that they generate sufficient revenue to support those resources, rather than privatizing important public amenities. Overall, the Epicenter Master Plan lays out the vision for the area, development and improvement strategies for the near- term and long-term, development and land use regulations, and an implementation playbook. GENERAL PLAN POLICIES SUPPORTED LC-1.1 Complete Places. Ensure that a broad range of recreational, commercial, educational, arts, cultural, and civic amenities are nearby and easily accessible to residents and workers in each neighborhood and each employment district. LC-1.5 Master Planning. When planning a site, there must be meaningful efforts to master plan the site so as to ensure a well-structured network and block pattern with sufficient access and connectivity to achieve the placemaking goals of this General Plan. LC-2.11Park-Once. Allow and encourage strategies that enable adjacent uses and properties to flexibly share parking facilities, so that users can park once and pursue multiple activities on foot before returning to their car. LC-3.3 Community Amenities. Balance the impacts of new development, density, and urbanization through the provision of a high-level of neighborhood and community amenities and design features. 2023 Hiring Fair: In 2021 post-COVID, businesses were experiencing major challenges in staffing as they returned to their regular operations. The City recognized a need to assist the local businesses in this challenge and as a result, the City’s annual hiring fair was created. In the last three years, the event has evolved to better serve the community. The fair was moved from the parking lot of Central Park into David Dreier Hall and increased the numbers of participants with the help of Central Park, Public Works, Human Resources, Library, the Planning and Economic Development Department, and the Community Affairs Network. The City’s annual hiring fair prioritizes local businesses inviting a variety of different industries to participate, from education to manufacturing to retail. The fair was held in September 2023 and was met with success as it served as a great opportunity to connect residents and jobseekers with local businesses as well as support the business community. GENERAL PLAN POLICIES SUPPORTED LC-3.7 Developing our Economy. Actively promote and encourage opportunities for local economic development, education, housing, locally hiring, internships and employment from cradle to career so as to increase resident retention, improve and grow a strong local economy, achieve a positive jobs-housing match; retain critical educational resources and human capital, reduce regional commuting, gas consumption and greenhouse emissions and ensure equitable opportunities for all residents of the City and region to thrive. LC-3.8 Jobs-housing match. Encourage new employment generating uses and businesses that improve the jobs-housing match in the city. HIRING FAIR: 24 BUSINESSES PARTICIPATED 200 ATTENDEES Page 241 15 | General Plan Annual Report 2023 16 ACCESSORY DWELLING UNIT HANDBOOK: With support from a State grant, the City developed its first ever Accessory Dwelling Unit (ADU) handbook. The ADU handbook is an easy to read guide for residents, explaining what an ADU is, types of ADUs, general requirements, steps needed to build an ADU, and helpful resources. The handbook was published in 2023 and was well received by City Council and the community. GENERAL PLAN POLICIES SUPPORTED H-1.1 RHNA Requirement. Encourage the development of a wide range of housing options, types, and prices that will enable the City to achieve its share of the RHNA. H-1.3 Accessory Dwelling Units. Facilitate the development of accessory dwelling units to provide additional housing opportunities pursuant to State law and established zoning regulations. ADVANCED TRAFFIC MANAGEMENT SYSTEM (ATMS): The integrated, smart traffic signal system is an important part of reducing roadway congestion and greenhouse gas emissions from idling vehicles within the city. Design work for the second phase of the ATMS project began in fall 2023 and will include Milliken Avenue from 4th Street to Grizzly Drive; 19th Street from Sapphire Street to Haven Avenue; Arrow Route from Grove Avenue to East Avenue; Rochester Avenue from Base Line Road to Banyan Street; and Day Creek Boulevard from Base Line Road to Wilson Avenue. The construction phase is anticipated to begin by fall 2024. The System will also eventually play a crucial role in effective and efficient evacuations during emergencies. GENERAL PLAN POLICIES SUPPORTED MA-5.4 Intelligent Systems Preparation. Upgrade the City’s ATMS and communications systems to ensure that the City meets the intelligent transportation system demands of today while planning for future demands associated with AVs and CVs. S-1.1 City Staff Readiness. Ensure City staff and departments demonstrate a readiness to respond to emergency incidents and events. S-1.2 Culture of Preparedness. Promote a culture of preparedness for businesses and residents that empowers them to increase their resilience to hazard related events and a changing climate. CONNECT RC: Connect RC, formerly known as the Healthy RC Active Transportation Plan, was completed in the Fall of 2023. After a robust community engagement and field analysis process, the final version of the Plan contains 51 projects that focus on improving access and safety for those walking, biking and rolling through the city. Projects were specifically tailored to five distinct and unique planning areas that blanket the city and are laid out in the form of Project Sheets that contain vital information for capital projects, grant applications and muti-agency partnership planning. The Plan proposes approximately $17 million of investments toward the City's Active Transportation Network and a framework for achieving this investment over time. GENERAL PLAN POLICIES SUPPORTED MA-2.9 High-Quality Pedestrian Environment. Enhance sidewalks to create a high- quality pedestrian environment, including wider sidewalks, improved pedestrian crossings, buffers between sidewalks and moving traffic, pedestrian lighting, wayfinding signage, shade trees, increased availability of benches, end of cul-de-sac access, etc. MA-2.13 Healthy Mobility. Provide pedestrian facilities and class II buffered bike lanes (or separated bikeways) on auto-priority streets where feasible to promote active transportation. MA-3.1 Pedestrian and Bicycle Networks. Maintain the Active Transportation Plan supporting safe routes to school, and a convenient network of identified pedestrian and bicycle routes with access to major employment centers, shopping districts, regional transit centers, and residential neighborhoods. MA-3.3 Vulnerable User Safety. Prioritize pedestrian improvements in the Pedestrian Priority Area to promote safety in the southwest area of the city. Page 242 17 | General Plan Annual Report 2023 18 GENERAL PLAN POLICIES SUPPORTED LC-5.1 Improved Street Network. Systematically extend and complete a network of complete streets to ensure a high-level of multi-modal connectivity within and between adjacent Neighborhoods, Centers and Districts. Plan and implement targeted improvements to the quality and number of pedestrian and bicycle routes within the street and trail network, prioritizing connections to schools, parks, and neighborhood activity centers. MA-3.1 Pedestrian and Bicycle Networks. Maintain the Active Transportation Plan supporting safe routes to school, and a convenient network of identified pedestrian and bicycle routes with access to major employment centers, shopping districts, regional transit centers, and residential neighborhoods. MA-3.3 Vulnerable User Safety. Prioritize pedestrian improvements in the Pedestrian Priority Area to promote safety in the southwest area of the city. LOCAL ROADWAY SAFETY PLAN: Rancho Cucamonga’s Local Roadway Safety Plan (LRSP) is a safety plan that analyzes collision data and trends in the city and identifies improvements for the roads. Funded by Caltrans, an LRSP enables the City to evaluate safety countermeasures through crash data analysis and field visits to each intersection. The Plan was completed in late 2023 and calls out improvements that could be made at eleven specific intersections where a significant number of collisions have occurred. The data and outcomes in the Plan will be used to apply for available grant funding in the future. GENERAL PLAN POLICIES SUPPORTED MA-3.2 Traffic Safety. Prioritize transportation system improvements that help eliminate traffic-related fatalities and severe injury collisions. SIDEWALK IMPROVEMENTS: The Public Works Services Department made a firm commitment to guarantee the safety of the residents of the City by creating safe walking routes throughout the city. In 2023, over 600 locations that had damaged or lifted sidewalks were identified and replaced. Most of these repairs were done in the communities located east of Haven Avenue, spanning from Victoria Street to Banyan Street. CENTRAL PARK DOG PARK: The highly anticipated 4.4-acre Central Park Dog Park opened in September 2023. The dog park, named “The Bark” by the community, includes people and pet-friendly amenities such as three separate interaction areas for small, medium, and large dogs, shade structures with tables and seating, water fountains, lighting, and ample parking. The dog park is the first major development of the Central Park area since the community and senior centers were constructed in 2005. GENERAL PLAN POLICIES SUPPORTED OS-1.7 New Parks. Provide adequate park and recreational facilities that meet the City standard of 5.0 acres of parkland (including trails and special facilities) for every 1,000 persons. OS-1.8 Central Park. Continue to develop Central Park as envisioned in the Central Park Master Plan. Page 243 19 | General Plan Annual Report 2023 20 INDUSTRIAL/COMMERCIAL DEVELOPMENT Rancho Cucamonga sits along major transportation corridors that link Southern California and its shipping ports to the rest of the country. The City is a major center for the logistics industry and goods movement within Southern California due primarily to its proximity to the I-10 and I-15 freeways and the Ontario International Airport. Industrial and commercial development projects slowed in 2023 compared to the previous year. This was mostly due to fluctuations in the market and concerns caused by inflation. In 2023, the Planning and Economic Development Department approved 241,237 square feet of industrial development. Highlights for industrial/commercial development that were approved or under construction in 2023 include: rancho cucamonga, california RENDERING - BUILDING a rancho cucamonga industrial propertyjob# 19318.00 1/22/2021 HILLWOOD INDUSTRIAL DEVELOPMENT: Construction was substantially completed in late 2023 for two new industrial warehouse buildings totaling 655,878 square feet in the southeast area of Rancho Cucamonga, on Napa Street just east of Etiwanda Avenue. This project also required the annexation of a portion of the project area and a General Plan Amendment. PATRIOT PARTNERS WHITTRAM: An application was approved in September 2023 for the construction of a warehouse/distribution building that is 86,194 square feet in size. The projects is located south of Whittram Avenue, between Etiwanda Avenue and Hickory Avenue. The site is surrounded by other industrial and nonconforming uses, such as single-family homes and truck storage facilities. In January 2024, grading activities and demolition of existing structures have commenced. MILLIKEN AND JERSEY: Construction began for an industrial/warehouse building on the northwest corner of Jersey Boulevard and Milliken Avenue. The 159,580 square-foot building will be divided into four separate units and will primarily house small warehouse/storage/distribution businesses. RESILIENCY AND EQUITY: The Rancho Cucamonga Fire District partnered with Healthy RC and California Office of Emergency Services (Cal OES) to offer Listos California disaster preparedness training, providing Rancho Cucamonga’s Spanish-speaking residents with critical emergency preparedness tools and skills. In 2023, the program offered 8 hours of hands-on training at multiple elementary schools throughout the City. These courses were instructed by City of Rancho Cucamonga Community Champion Volunteers in Spanish and English. Additional training classes are being planned for 2024. GENERAL PLAN POLICIES SUPPORTED S-1.2 Culture of Preparedness. Promote a culture of preparedness for businesses and residents that empowers them to increase their resilience to hazard related events and a changing climate. VICTORIA GARDENS CULTURAL CENTER COURTYARD REDESIGN: Design work has been completed for improvements to the Victoria Gardens Cultural Center Courtyard to take a primarily passive, outdoor space with little shade or seating areas and redesign it to create a lively space for patrons to spend time, relax, and enjoy in all weather. Amenities include shade, lighting, improved signage, and natural gathering spaces. It also includes a permanent outdoor stage to facilitate outdoor events, concerts, library programming and rentals. Construction is slated to begin in 2024. GENERAL PLAN POLICIES SUPPORTED LC-1.1 Complete Places. Ensure that a broad range of recreational, commercial, educational, arts, cultural, and civic amenities are nearby and easily accessible to residents and workers in each neighborhood and each employment district. LC-6.3 Evolving Centers. Encourage the improvement of existing commercial centers to provide more active, human scale environments and community gathering places, including the potential for infill housing and office use. LC-6.6 Outdoor Commerce. Encourage outdoor activities such as farmers markets, small performances, visual arts and culture events, dining, and gatherings that take advantage of the Centers and the relation to the public realm. Page 244 21 | General Plan Annual Report 2023 PATRIOT PARTNERS 4TH & HERMOSA RANCHO CUCAMONGA, CA PR O J E C T 4/3/2023 4:29:57 PM 5t h P L A N N I N G S U B M I T T A L A19-2115 RA N C H O C U C A M O N G A , C A 04.04.2023 A0 TITLE SHEET PA T R I O T P A R T N E R S 4 T H & H E R M O S A FOURTH AND HERMOSA: An application was approved in July 2023 for two industrial warehouse/ distribution facilities, one 66,397 square feet and one 20,259 square feet, totaling 86,656 square feet. This property is located at the northeast corner of Hermosa Avenue and 4th Street. NEWCASTLE SIXTH STREET: An application was approved in November 2023 to demolish an existing office/warehouse building and construct two industrial/warehouse buildings, one 44,502 square feet and one 23,885 square feet, totaling 68,387 square feet. This property is located on the north side of 6th Street between Archibald Avenue and Hermosa Avenue. Page 245 23 | General Plan Annual Report 2023 CHAPTER 3 HOUSING GOALS PROGRESS Housing is one of the most basic human needs and recognized as a fundamental right under California law. PlanRC’s approach to housing is to move beyond State mandated Regional Housing Needs Assessment (RHNA) requirements and instead embrace the business and community need to provide housing as an opportunity rather than an obligation. In 2023, Rancho Cucamonga continued its progress in meeting the need for housing starting with 3 housing approvals or “entitlements” in the beginning of the year and ending with 939 entitled housing units. Needing to average at least 1,316 housing units per year as mandated by the RHNA housing goal, the City was short of the goal in 2023 by 377 units. However, because the goal was exceeded in 2022 by 163 units, the City is averaging a shortfall of 214 units in 2023. Although major developments slowed, the number of completed Accessory Dwelling Units slightly increased from 31 in 2022 to 46 in 2023. Overall, the decreased entitlements in housing development is not unique to Rancho Cucamonga, but rather, is being experienced throughout the country due to various factors such as, shortages in labor and supply, increased mortgage rates, decreased volumes in sales, and inflation. These pressures have affected the city directly, as projects that were entitled have stalled before plan check and/or construction initiation and one project consisting of 327 residential units was paused in January, just prior to entitlement hearings at the developer's request due to funding challenges. That project has yet to move forward. Whereas it would normally take an average of 8-12 months to entitle a project from the date of submittal, these pressures may impact the timeline even further such as in the example above. HOUSING ELEMENT: The California State Legislature mandates that all cities include a Housing Element (HE) component in the General Plan and subsequently, requires that cities prepare an annual progress report (APR) on the status of the HE. The HE focuses on understanding the housing needs in Rancho Cucamonga and sets forth its best plan of action for meeting those needs through residential land use planning and programmatic efforts. The current HE was approved by the Rancho Cucamonga City Council in October 2021 and certified by the California Department of Housing and Community Development (HCD) in August 2022, covering an 8-year planning period of October 15, 2021 to October 15, 2029. As required by State law, the HE APR for the 2023 report will be submitted to HCD by April 1, 2024. The tables on pages 24-26 provide a short summary of the data that was reported on the 2023 HE APR. REGIONAL HOUSING NEEDS ASSESSMENT (RHNA) GOALS: The planning for housing growth is mandated by State law through the RHNA process. Through this process, cities are allocated a numeric housing goal divided by income categories. The purpose is to ensure cities are developing its fair share of housing for all income levels (very low, low, moderate, and above moderate levels). For the current 8-year planning period (2021-2029), Rancho Cucamonga was allocated 10,525 units, which equates to 1,316 units per year. To accommodate for this many units, changes were made to the land use zones that allow for higher density developments, particularly along major travel corridors. The City is anticipated to meet most of its moderate and above moderate income RHNA allocation with anticipated accessory dwelling units and projects already approved and accommodate the remaining units using vacant and nonvacant sites that have development potential. To encourage the development of affordable housing, the City’s Affordable Housing Incentives/Density Bonus provisions provide incentives for the production of housing for households with very low, low, and moderate incomes. These incentives allow for a reduction in development standards in exchange for the development of affordable housing units. In 2023, there we two developments that submitted a Density Bonus Law application which included 16 and 12 very low income units on their application totaling 28 units. Neither of the developments proposed an increase in density from what was allowed for their projects. HOUSING APPLICATIONS: Since the adoption of PlanRC, development interest has remained continuous, particularly along key corridors designed for mixed use development. It is anticipated that positive interest will continue through the following years. Table 1 provides a snapshot of applications submitted, approved, and disapproved in 2023. Total housing applications submitted (5 or more units)5 Number of proposed units in all applications received 882 Total housing units approved of those submitted 412 Total housing units disapproved 0 TABLE 1: NUMBER OF HOUSING APPLICATIONS SUBMITTED Page 246 25 | General Plan Annual Report 2023 26 RHNA UNITS ENTITLED BY AFFORDABILITY: Housing projects totaling 939 units were approved, or entitled, in 2023. Despite the City’s Affordable Housing Incentives/Density Bonus provisions, most units entitled were at market rate. Table 2 displays a breakdown by income level. TABLE 2: RHNA UNITS ALLOCATED AND ENTITLED BY INCOME LEVEL Income Level Percent of Area Median Income (AMI) Total RHNA Units Allocated for Current Planning Period Units Allocated Per Year Units Entitled in 2023 Very Low Up to 50%3,245 406 0 Low 51-80%1,920 240 0 Moderate 81-120%2,038 255 0 Above Moderate >120%3,322 415 939 TOTAL UNITS 10,525 1,316 939 BUILDING PERMITS ISSUED BY AFFORDABILITY: There were a total of 353 residential building permits issued in 2023.Table 3 shows a breakdown of permits issued by income level. TABLE 3: RESIDENTIAL BUILDING PERMITS ISSUED BY INCOME LEVEL Area Median Income (AMI)Building Permits Issued in 2023 Very Low 5 Low 23 Moderate 19 Above Moderate 306 TOTAL UNITS 353 UNITS COMPLETED IN 2023 BY STRUCTURE TYPE: There were a total of 648 units completed, or built, in 2023. It is important to note that units that were completed in 2023 may not have been entitled or permitted in the same year. Table 4 shows a breakdown by type of structure. TABLE 4: UNITS COMPLETED BY STRUCTURE TYPE AND INCOME LEVEL Type of Structure/ Income Level Very Low Low Moderate Above Moderate TOTAL COMPLETED Single Family Attached 0 0 0 1 1 Single Family Detached 0 0 0 21 21 2 to 4 Units 0 0 0 54 54 5+ Units 0 0 0 526 526 Accessory Dwelling Units 2 9 16 19 46 TOTAL UNITS 2 9 16 621 648 Page 247 27 | General Plan Annual Report 2023 28 RESIDENTIAL/MIXED-USE DEVELOPMENT In 2023, Rancho Cucamonga continued its progress on the development of several mixed-use/ residential projects. These projects embody the General Plan’s goal of developing Complete Neighborhoods, where a diverse range of unique neighborhoods with a mix of amenities that support active, healthy lifestyles is available. Highlights for residential/mixed-use developments that were approved or under construction in 2023 include: HAVEN AND ARROW: Forming a walkable community with a variety of activities for all to enjoy, the Haven and Arrow project is a mixed-use development comprising of 248 apartments and 23,750 square feet of commercial office, retail, and restaurant space. Construction began in 2023. REVISION LOG NO.DESCRIPTION Date 1 1ST SUBMTTAL 5.12.22 2 2ND SUBMITTAL 9.26.22 3 3RD SUBMITTAL 11.21.22 Project Team \\F I L E S \ 3 2 1 D F S \ R E S I D E N T I A L \ 2 0 2 1 \ 2 0 2 1 - 1 3 4 L E A P F O O T H I L L & V I N E Y A R D R A N C H O C U C A M O N G A \ 0 3 D E S I G N \ S C H E M A T I C \ C A D \ 2 1 - 1 3 4 _ G 1 . 0 C O V E R . D W G We d n e s d a y , F e b r u a r y 1 5 , 2 0 2 3 1 0 : 4 1 : 5 3 P M Contact: Contact: APPLICANT / OWNERLEAP DEVELOPMENT400 Oyster Point Boulevard, Suite 122SOUTH SAN FRANCISCO, CA 94080(415)-794-7965MIKE PALLMANNTERRY SONG Contact: Contact: RESIDENTIAL ARCHITECTARCHITECTS ORANGE 144 N. Orange StreetOrange, CA 92866(714) 639-9860 SERAFIN MARANAN Contact: Contact: LANDSCAPE ARCHITECTCONCEPTUAL DESIGN AND PLANNING COMPANY3195-C AIRPORT LOOP DRIVE, STUDIO ONECOSTA MESA, CA(949) 399-0870MICHAEL AGUASMATT KOHLENBERGER Contact: Contact: CIVIL ENGINEERALLARD ENGINEERING16866 SEVILLE AVEFONTANA, CA 92335(909) 356-1815BOBBY ALLARDRAY ALLARD CIVIL SHEET DESCRIPTION C-1 CONCEPT GRAING PLAN C-2 SECTIONS & WQMP EXHIBIT C-3 SITE UTILIZATION AGENCY SUBMITTALRANCHO CUCAMONGA, CAFEBRUARY 15, 2023 LEAP DEVELOPMENT400 OYSTER POINT BLVD. SUITE 122 SOUTH SAN FRANCISCO, CA 94080 144 NORTH ORANGE ST., ORANGE, CA 92866(714) 639-9860 AO ARCHITECTS FOOTHILL AND VINEYARD MIXED-USE RANCHO CUCAMONGA, CALIFORNIA DATE: 02-15-23JOB NO.: 2021-134 VICINITY MAP NORTHN.T.S. FOOTHILL BLVD. ARROW ROUTE CU C A M O N G A C R E E K T R A I L HE L L M A N N A V E . BA K E R A V E . SITE 66 SHEET INDEX ARCHITECTURE - RESIDENTIAL Sheet Number Sheet Title G1.0 COVER SHEET G1.1 PROJECT INFORMATION A1.0 CONCEPTUAL PERSPECTIVES A1.1-A MASTER PLAN A1.1-B SITE PLAN A1.2 PATH OF TRAVEL A1.3 OPEN SPACE PLAN A1.4 FIRE MASTER PLAN A2.0 BUILDING 1 COMPOSITE PLANS A2.1 BUILDING 1 ELEVATIONS A2.2 BUILDING 1 ELEVATIONS A2.3 BUILDING 1 ELEVATIONS A2.4 BUILDING 2 COMPOSITE PLANS A2.5 BUILDING 2 ELEVATIONS A2.6 BUILDING 2 ELEVATIONS A2.7 BUILDING 2 ELEVATIONS A2.8 BUILDING 3 COMPOSITE PLANS A2.9 BUILDING 3 COMPOSITE PLANS A2.10 BUILDING 3 ELEVATIONS A2.11 BUILDING 3 ELEVATIONS A2.12 BUILDING 3 ELEVATIONS A3.0 UNIT PLANS A3.1 UNIT PLANS A4.0 PARKING, CARPORT, & TRASH ENCLOSURE DETAIL A5.0 COLOR & MATERIAL BOARD A6.0 PROJECT COMPLIANCE C-4 CONCEPT WALL PLAN LANDSCAPE SHEET DESCRIPTION C-1 CONCEPT GRAING PLAN C-2 CONCEPT GRADING PLAN C-3 SITE UTILIZATION L-4 PRELIMINARY WATER CALCULATION & PLAYEQUIPMENT DATA ELECTRICAL SHEET DESCRIPTION E-1 PHOTOMETRIC - SITE LIGHTING PLAN E-2 PHOTOMETRIC - SITE LIGHTING PLAN E-3 PHOTOMETRIC - SITE LIGHTING PLAN E-4 PHOTOMETRIC - SITE LIGHTING PLAN G1.0 FOOTHILL AND VINEYARD: An application was approved in April 2023 to construct a 158-unit mixed use apartment with three separate buildings. The buildings are 87,388, 74,521, and 67,105 square feet for a total building area of 229,014 square feet. This development will be located on the corner of Foothill Boulevard and Vineyard Avenue. FOOTHILL LANDING: An application was approved in August 2023 to construct a mixed-use development consisting of 360 residential units, including 3 live-work units with 3,100 square feet of commercial space, and 4,200 square feet of stand-alone commercial lease area. This will be located on the northeast corner of Foothill Boulevard and Etiwanda Avenue. ALTA CUVEE: Currently under construction and expected to be completed in the Spring of 2025, Alta Cuvee is situated on the southeast corner of Foothill Boulevard and Etiwanda Avenue with 260 units of living space and two commercial units aiming to promote a family-oriented atmosphere in a safe and healthy community. Page 248 30 CONCLUSION Despite facing some challenges in 2023 with the downturn of the economy, the City of Rancho Cucamonga remains resilient and able to withstand the storms. There were many development projects that were submitted, approved, permitted, and constructed, all made possible by the adoption of the General Plan in 2021 that created a solid foundation, and by the City’s ability to identify areas that needed updates or enhancements and executing accordingly. This was evident in the amendments made to the Development Code, the creation of the Epicenter Master Plan, and the completion of the Economic Development Strategy which aims to attract new businesses among other goals. The City takes pride in what it is today and continues to strive to create a city for people, with great neighborhoods, natural open spaces and parks, thriving commercial and industrial areas, walkable and active centers and districts, all connected by safe and comfortable streets. In addition to meeting the state mandate of submitting an Annual Progress Report to HCD and OPR, this General Plan Annual Progress Report serves as a report card to the community regarding the City’s progress in implementing the community’s vision and values, as embodied in PlanRC, and provides the reader with a broad understanding of related activities that took place in 2023. Page 249 i APPENDICES GENERAL PLAN GOALS AND POLICIES GOAL LC-1 A CITY OF PLACES. A beautiful city with a diversity and balance of unique and well-connected places. LC-1.1 Complete Places. Ensure that a broad range of recreational, commercial, educational, arts, cultural, and civic amenities are nearby and easily accessible to residents and workers in each neighborhood and each employment district. LC-1.2 Quality of Place. Ensure that new infill development is compatible with the existing, historic, and envisioned future character and scale of each neighborhood. LC-1.3 Quality of Public Space. Require that new development incorporate the adjacent street and open space network into their design to soften the transition between private and public realm and creating a greener more human-scale experience. LC-1.4 Connectivity and Mobility. Work to complete a network of pedestrian- and bike-friendly streets and trails, designed in concert with adjacent land uses, using the public realm to provide more access options. LC-1.5 Master Planning. When planning a site, there must be meaningful efforts to master plan the site so as to ensure a well-structured network and block pattern with sufficient access and connectivity to achieve the placemaking goals of this General Plan. LC-1.6 Disadvantaged Communities. Prioritize development appropriate to the needs of disadvantaged communities, particularly south of Foothill Boulevard. LC-1.7 Design for Safety. Require the use of Crime Prevention Through Environmental Design (CPTED) techniques such as providing clear lines of sight, appropriate lighting, and wayfinding signs to ensure that new development is visible from public areas and easy to navigate. LC-1-8 Public Art. Require new construction to integrate public art in accordance with the City Public Arts Program. LC-1.9 Infill Development. Enable and encourage infill development within vacant and underutilized properties through flexible design requirements and potential incentives. LAND USE & COMMUNITY CHARACTER Page 250 iiiii | General Plan Annual Report 2023 LC-1.10 Development Incentives. Consider incentives for new development that provides substantial economic and placemaking benefit to the community and prohibit the provision of incentives that outweigh the direct benefits of the development and its use. LC-1.11 Compatible Development. Allow flexibility in density and intensity to address specific site conditions and ensure compatibility of new development with adjacent context. LC-1.12 Adaptive Reuse. Support the adaptive reuse of historic properties consistent with neighborhood character. LC-1.13 Improved Public Realm. Require that new development extend the “walkable public realm” into previously vacant and/or parking lot-dominant large single-use parcels of land. LC-1.14 Street Amenities and Lighting. Modify pedestrian and street amenities, lighting styles and intensities to be compatible with the character of the surrounding neighborhoods. LC-1.15 Historic Route 66. Build on the history and significance of Historic Route 66 (Foothill Boulevard) by incorporating design features, such as public art, signage, and architecture, that reflect its history and heritage. LC-1.16 Healthy Development. Ensure that the design and development of our communities supports the health and well-being of our residents. Use the Healthy Development Checklist, or similar assessment tool, to assess the overall health performance and supportiveness of new development projects. GOAL LC-2 HUMAN SCALED. A city planned and designed for people fostering social and economic interaction, an active and vital public realm, and high levels of public safety and comfort. LC-2.1 Building Orientation. Require that buildings be sited near the street and organized with the more active functions —entries, lobbies, bike parking, offices, employee break rooms and outdoor lunch areas—facing toward and prominently visible from the street and visitor parking areas. LC-2.2 Active Frontages. Require new development abutting streets and other public spaces to face the public realm with attractive building facades, and entries to encourage walking, biking, and public transit as primary—not “alternative”—mobility modes. LC-2.3 Streetscape. Enhance the pedestrian experience through streetscape improvements such as enhanced street lighting, street trees, and easement dedications to increase the widths of the sidewalks, provide side access parking lanes, and other pedestrian and access amenities. LC-2.4 Tree Planting. Require the planting of predominantly native and drought-tolerant trees that shade the sidewalks, buffer pedestrians from traffic, define the public spaces of streets, and moderate high temperatures and wind speeds throughout the city. LC-2.5 Gradual Transitions. Where adjacent to existing and planned residential housing, require that new development of a larger form or intensity, transition gradually to complement the adjacent residential uses. LC-2.6 Commercial Requirements. Require development projects in non- residential and mixed-use areas to provide for enhanced pedestrian activity through the following techniques: • Require that the ground floor of buildings where retail uses are allowed have a minimum 15 feet floor to floor height. • Require that the ground floor of the building occupy the majority of the lot’s front, with exceptions for vehicular access where necessary. • Require that most of the linear ground floor retail frontage (where such occurs) be visually and physically “open” to the street, incorporating windows and other design treatments to create an engaging street front. • Minimize vehicle movements across the sidewalk. • Allow for and encourage the development of outdoor plazas and dining areas. LC-2.7 Shared Parking. Encourage structured and shared parking solutions that ensure that parking lots do not dominate street fronts and are screened from public views whenever possible. LC-2.8 Landscaping. Require development projects to incorporate high quality, predominantly native and drought-tolerant landscaping to extend and enhance the green space network of the city. LC-2.9 Buffer Zones. Require development projects to incorporate buffer zones when determined to be necessary or desirable to serve as managed open space for wildfire safety and vegetation fuel modification. LC-2.10 Pedestrian-Oriented Auto-Dependent Uses. Require auto dependent uses such as drive-throughs, car washes, automobile service stations, and similar auto-focused businesses, to be designed with buildings oriented toward the primary street and the auto-servicing use/activity in the rear. Prohibit auto-dependent uses from locating in pedestrian-priority environments, such as City Centers, Traditional Town Centers, and all Neighborhoods. Page 251 viv | General Plan Annual Report 2023 GOAL LC-3 FISCALLY SUSTAINABLE. A fiscally sound and sustainable City. LC-2.11 Park-Once. Allow and encourage strategies that enable adjacent uses and properties to flexibly share parking facilities, so that users can park once and pursue multiple activities on foot before returning to their car, such as: • Unbundling parking from development. • Considering parking “districts” demonstrating sufficient parking within a convenient walking distance. • Design parking facilities to be architecturally compatible and integrated with adjacent buildings so as to not dominate or detract from the character of the area. LC-3.1 Community Value. Actively manage growth and investments in the community to maximize the value of new development, seeking value-per-acre outcomes of up to six times higher. LC-3.2 Community Benefit. Require a community benefit and economic analysis for large projects that abut existing neighborhoods or for any project at the maximum density, with a focus on resolving physical, economic, long-term fiscal, and aesthetic impacts. LC-3.3 Community Amenities. Balance the impacts of new development, density, and urbanization through the provision of a high-level of neighborhood and community amenities and design features. LC-3.4 Institutional Land Uses. Site new institutional land uses based on all forms of access available to the service population. Satellite offices that are disbursed in the community may be necessary to ensure equitable access. LC-3.5 Efficient Growth. Manage growth in a manner that is fiscally sustainable, paced with the availability of infrastructure, and protects and/ or enhances community value. Discourage growth and development that will impact the City’s ability to sustainably maintain infrastructure and services. LC-3.6 Diverse Economy. Guide development and public investments to maintain a fiscally sound city with a diverse and sustainable tax base. LC-3.7 Developing Our Economy. Actively promote and encourage opportunities for local economic development, education, housing, locally hiring, internships and employment from cradle to career so as to increase resident retention, improve and grow a strong local economy, achieve a positive jobs-housing match; retain critical educational resources and human capital, reduce regional commuting, gas consumption and greenhouse gas emissions and ensure equitable opportunities for all residents of the City and region to thrive. LC-3.8 Jobs-housing match. Encourage new employment generating uses and businesses that improve the jobs-housing match in the city. LC-3.9 Infrastructure Funding. Actively investigate and support new funding mechanisms that enable the City to maintain services and infrastructure. Discourage the formation of bonded Community Facilities Districts unless there are compelling and substantial wide-spread community benefits. LC-3.10 Economic Synergy. Encourage businesses and development that will support and/or enhance the operations of existing businesses when complimentary to the General Plan Vision while discouraging new development and businesses that will have detrimental impacts to existing businesses and development. GOAL LC-4 COMPLETE NEIGHBORHOODS. A diverse range of unique neighborhoods, each of which provides an equitable range of housing types and choices with a mix of amenities and services that support active, healthy lifestyles. LC-4.1 Neighborhood Preservation. Preserve and enhance the character of existing residential neighborhoods. LC-4.2 Complete Neighborhoods. Strive to ensure that all new neighborhoods, and infill development within or adjacent to existing neighborhoods, are complete and well-structured such that the physical layout, and land use mix promote walking to services, biking and transit use, and have the following characteristics: • Be organized into human-scale, walkable blocks, with a high level of connectivity for pedestrians, bicycles, and vehicles. • Be organized in relation to one or more focal activity centers, such as a park, school, civic building, or neighborhood retail, such that most homes are no further than one-quarter mile. • Require development patterns such that 60 percent of dwelling units are within 1/2-mile walking distance to neighborhood goods and services. • Provide as wide a diversity of housing styles and types as possible, and appropriate to the existing neighborhood context. • Provide homes with entries and windows facing the street, with driveways and garages generally deemphasized in the streetscape composition. LC-4.3 Connected Neighborhoods. Require that each new increment of residential development make all possible street, trail, and open space connections to existing adjoining residential or commercial development and provide for future connections into any adjoining parcels. Page 252 viivi | General Plan Annual Report 2023 GOAL LC-5 CONNECTED CORRIDORS. A citywide network of transportation and open space corridors that provides a high level of connectivity for pedestrians, bicyclists, equestrians, motorists, and transit users. LC-4.4 Balanced Neighborhoods. Within the density ranges and housing types defined in this General Plan, promote a range of housing and price levels within each neighborhood to accommodate diverse ages and incomes. LC-4.5 Equitable Housing Opportunities and Diversity of Housing Types. Within the density ranges and housing types defined in this General Plan, promote a diversity of land tenure opportunities to provide a range of choices on the types of property estate available and ready access to an equitable array of opportunities at a variety of price points. For projects five acres or larger, require that diverse housing types be provided and intermixed rather than segregated by dwelling type. LC-4.6 Block Length. Require new neighborhoods to be designed with blocks no longer than 600 feet nor a perimeter exceeding 1,800 feet. Exceptions can be made if mid-block pedestrian and bicycle connections are provided, or if the neighborhood is on the edge of town and is intended to have a rural or semi- rural design character. LC-4.7 Intersection Density. Require new neighborhoods to provide high levels of intersection density. Neighborhood Center and Semi-Rural Neighborhoods should provide approximately 400 intersections per square mile. Suburban Neighborhoods should provide at least 200 intersections per square mile. LC-4.8 Solar Orientation. Street, block, and lot layouts should orient a majority of lots within 20 degrees of a north-south orientation for increased energy conservation. LC-4.9 Public Art. Encourage public art that reflects the culture, history, and character of the surrounding neighborhood. LC-4.10 Minimize Curb Cuts. Require new commercial development, and residential to the extent possible, to have common driveways and/or service lanes and alleys serving multiple units, to minimize the number of curb cuts along any given block to improve pedestrian safety. LC-4.11 Neighborhood Transitions. Require that new neighborhoods provide appropriate transitions in scale, building type and density between different General Plan designations, Place Types and Community Planning Areas. LC-4.12 Conventional Suburban Neighborhood Design. Discourage the construction of new residential neighborhoods that are characterized by sound walls on any streets, discontinuous cul-de-sac street patterns, long block lengths, single building and housing types, and lack of walking or biking access to parks, schools, goods, and services. LC-4.13 Neighborhood Edges. Encourage neighborhood edges along street corridors to be characterized by active frontages, whether single-family or multifamily residential, or by ground floor, neighborhood-service non-residential uses. Where this is not possible due to existing development patterns or envisioned streetscape character, neighborhood edges shall be designed based on the following policies: • Strongly discourage the construction of new gated communities except in Semi-Rural Neighborhoods. • Allow the use of sound walls to buffer new neighborhoods from existing sources of noise pollution such as railroads and limited access roadways. Consider sound walls as sites for public art. • Prohibit the use of sound walls to buffer residential areas from arterial or collector streets. Instead design approaches such as building setbacks, landscaping and other techniques shall be used. • In the case where sound walls might be acceptable, require pedestrian access points to improve access from the Neighborhoods to nearby commercial, educational, and recreational amenities, activity centers and transit stops. • Discourage the use of signs to distinguish one residential project from another. Strive for neighborhoods to blend seamlessly into one another. If provided, gateways should be landmarks and urban design focal points, not advertisements for home builders. LC-5.1 Improved Street Network. Systematically extend and complete a network of complete streets to ensure a high-level of multi-modal connectivity within and between adjacent Neighborhoods, Centers and Districts. Plan and implement targeted improvements to the quality and number of pedestrian and bicycle routes within the street and trail network, prioritizing connections to schools, parks, and neighborhood activity centers. LC-5.2 Connections Between Development Projects. Require the continuation and connectivity of the street network between adjacent development projects and discourage the use of cul-de-sacs or other dead-end routes. Page 253 ixviii | General Plan Annual Report 2023 GOAL LC-7 ROBUST DISTRICTS. A series of unique, employment-oriented environments for a range of business activities, shopping and entertainment, arts and culture activities, and community events and gathering. LC-5.3 Green Public Realm. Ensure that a significant tree canopy and landscaping is provided along corridors, and linkages between land uses, to provide shade and wind protection for pedestrians and bicyclists, and to define these corridors as the “outdoor living rooms” of the City. LC-5.4 Multi Family Development. Focus new multifamily housing development along corridors between commercial nodes and centers and ensure that it is well-connected to adjoining neighborhoods and centers by high quality walking and biking routes. LC-5.5 Foothill Boulevard as a Gateway. Transform the ends of Foothill Boulevard near the city boundary to a unique gateway environment through street improvements and coordinated infill development along both sides of Foothill Boulevard. LC-5.6 Foothill Boulevard as a Connector. Transition Foothill Boulevard from a “divider” to a “connector” that brings the north and south sides together. Ensure that new development along the Foothill Corridor generates a high- quality pedestrian- and transit-oriented environment and a concentration of commercial and civic amenities and community gathering places for residents from all parts of the city. LC-5.7 Public Arts Master Plan. Develop a citywide master plan that integrates the arts into the transportation, trails, open space and greenways network to enhance the public realm and creatively connect communities through innovative arts and cultural amenities and programming. LC-5.8 Equestrian Uses. Continue to protect equestrian uses and to implement the Equestrian Overlay Zone. GOAL LC-6 ACTIVE CENTERS. A rich variety of commercial and mixed-use centers throughout the city, which bring a range of opportunities for shopping, dining, recreations, commerce, employment, arts and culture within easy reach of all neighborhoods. LC-6.1 Diverse Centers. Encourage the development of neighborhood- serving, community-serving and city-wide serving centers that address the full range community needs and market sectors. LC-6.2 Small Scale Centers. Support one or more very small-scale Centers on well-located under-developed parcels within walking, biking, or horseback riding distance of neighborhoods in Alta Loma and Etiwanda. LC-6.3 Evolving Centers. Encourage the improvement of existing commercial centers to provide more active, human scale environments and community gathering places, including the potential for infill housing and office use. LC-6.4 Access to Transit. Encourage the development of commercial and mixed-use centers that are located at and organized in relation to existing or planned transit stops, especially along Foothill Boulevard and Haven Avenue. LC-6.5 Walkable Environments. Centers should include very walkable and pedestrian-friendly streets with active building fronts along primary corridors and internal streets. In some cases, side access lanes may be inserted between existing major streets and building fronts, providing a low-speed environment that is very safe and comfortable for pedestrians and bicyclists, with pedestrian- oriented frontages. LC-6.6 Outdoor Commerce. Encourage outdoor activities such as farmers markets, small performances, visual arts and culture events, dining, and gatherings that take advantage of the Centers and the relation to the public realm. LC-7.1 Gateway & Employment Hub. Establish the Central South Community Planning Area as the City’s main “gateway from the I-10 Freeway” and an employment hub of regional significance. Haven Avenue and 4th Street, in particular, is a significant gateway location that is envisioned as a higher intensity urban environment with iconic architecture and a mix of uses that can include luxury or full-service hotel, high rise office building, fine dining restaurant, and/or a public recreation amenity in addition to higher density residential uses. LC-7.2 Unify and Connect Development. Require that new development in the 21st Century Employment District land use designation unify and connect development along the Haven Avenue Corridor. LC-7.3 Campus Design. Encourage employment areas to be developed like a college campus with buildings oriented toward an internal roadway, buffer landscaping along the perimeter, and ample opportunities for paths and trails connecting to the City system, as well as relaxation areas for employees. LC-7.4 Compatibility. Discourage large industrial projects within 1,000 feet of existing and planned residential development. LC-7.5 Adaptive Industrial Reuse. Encourage adaptive reuse with residential and live/work units, and local serving commercial, in existing industrial structures, particularly in the Central South Community Planning Area. LC-7.6 Loading Docks. Require that parking lots, loading docks, outdoor storage, and processing, be located behind or beside buildings, not in front, and be screened from public views. Page 254 xix | General Plan Annual Report 2023 GOAL OS-2 TRAILS. A complete, connected network of diverse trails and connected open space that improves access to all areas of the city and encourages non-motorized activities. OS-1.1 Equitable Access to Parks. Strive to ensure that at least one park or other public open space is within safe, comfortable walk from homes and jobs, without crossing major streets except at signalized crossings. Equitable access to parks should be determined based on the fundamental character of the place (rural, suburban, urban) and corresponding transportation infrastructure. OS-1.2 Underserved Communities. Prioritize the provision of new trails, parks, plazas, and other open space types in areas of the city that are underserved by parks, services, and amenities. OS-1.3 Accessible Parks. Require parks be designed with special attention to usability by and safety for small children, seniors, and those with mobility, sight, hearing or other special needs. OS-1.4 Design Character and Public Art. Require neighborhood parks, greens, and playgrounds to be designed as an integral element of their Community Planning Area, reflecting the design character, art, and culture, of that neighborhood, center or district. OS-1.5 Design for Safety. Require the use of Crime Prevention Through Environmental Design (CPTED) design techniques such as providing clear lines of sight, appropriate lighting, and wayfinding signs to ensure that parks are safe and easy to navigate. OS-1.6 New Development. Ensure that new residential and non-residential developments provide adequate on-site recreational and open space amenities consistent with applicable General Plan Designations, and the needs of new development. OS-1.7 New Parks. Provide adequate park and recreational facilities that meet the City standard of 5.0 acres of parkland (including trails and special facilities) for every 1,000 persons. OS-1.8 Central Park. Continue to develop Central Park as envisioned in the Central Park Master Plan. OS-1.9 Joint Use. Pursue and expand joint use of public lands that are available and suitable for recreational purposes, including school district properties and flood control district, water district, and other utility properties. GOAL OS-1 OPEN SPACE. A complete, connected network of diverse parks, trails, and rural and natural open space that support a wide variety of recreational, educational, and outdoor activities. OPEN SPACE OS-1.10 Buffer Zones. Provide buffer zones, as appropriate and necessary, to serve as managed open space for wildfire safety and vegetation fuel modification. Buffer zones may include trails, small recreational amenities, information kiosks and signage, and even staging points for fire vehicles. OS-1.11 Locally Grown Food. Support small-scale locally grown food in front/backyard gardens, community gardens, parks/open space areas, and utility and flood control easements. OS-2.1 Trail Corridors. Extend, improve and complete the multi-purpose trail network, wherever possible, by utilizing existing flood control channel and utility corridor rights-of-way as public trail corridors. OS-2.2 Connectivity. Connect trails in Rancho Cucamonga to trails in the San Bernardino National Forest and other hillside open space areas. OS-2.3 Trailheads. Provide trailhead amenities such as parking, restrooms, information boards, and maps. OS-2.4 Equestrian Trails. Continue to maintain and pursue the development of planned trails and facilities for equestrian use. OS-2.5 Utility Corridors. Preserve the primary function of utility corridors while providing every reasonable opportunity for shared public use for active mobility and recreational purposes. OS-2.6 Design for Heat. Consider extreme heat in the design of streets, parks, trails, and playgrounds to support activity throughout the year and in all weather conditions by including shade trees, shade structures, water fountains, splash pads, lighting for night play in most spaces. OS-2.7 Access. Require new development to provide access to existing or future trails and provide appropriate trail amenities (e.g., benches, drinking fountains, hitching posts, bike stands, and other amenities). OS-2.8 Art and Education. Require public art, education, and recreation features on trails, where appropriate. OS-2.9 Trail and Park Sponsorship. Support the creation of partnerships with organizations to sponsor and maintain green spaces, parks, trails, and community gardens. Page 255 xiiixii | General Plan Annual Report 2023 GOAL MA-1 REGIONAL MOBILITY HUB. A multimodal transportation hub that connects regional and local destinations. MOBILITY AND ACCESS MA-1.1 Transportation Leadership. Take a leadership role in local and regional transportation related planning and decision making. MA-1.2 Cucamonga Station Redevelopment. Support redevelopment in and around the Cucamonga Station to support transit-oriented development. MA-1.3 Funding. Support federal, statewide, and regional infrastructure funding for transit and transportation. MA-1.4 Local Mobility Hub. Require new development at mobility hubs and key stops along the future bus rapid transit and future transit circulator system to facilitate first mile/last mile connectivity to neighborhoods. MA-1.5 Provide Mobility Options. Provide roadway connections and local mobility hubs designed to capture 80% of the population and employment south of Base Line Road. MA-1.6 Boulevard Implementation. Require boulevards with high-quality transit to not only account for how transit service is impacted by the geometry of the corridor, but also by signal timing, signal phasing, turns, and other operations that may jeopardize the quality of service. GOAL MA-2 ACCESS FOR ALL. A safe, efficient, accessible, and equitable transportation system that serves the mobility needs of all users. MA-2.1 Complete Streets. Require that new roadways include provisions for complete streets, balancing the needs of all users of all ages and capabilities. MA-2.2 New Streets. To achieve the vision for transportation and mobility in the city, the final design, location, and alignment of streets shall provide levels of access, connectivity, and circulation consistent with the conceptual layouts shown in this Mobility and Access Chapter. MA-2.3 Street Design. Implement innovative street and intersection designs to maximize efficiency and safety in the city. Use traffic calming tools to assist in implementing complete street principles. Possible tools include roundabouts, curb extensions, high visibility crosswalks, and separated bicycle infrastructure. MA-2.4 Street Connectivity. Require connectivity and accessibility to a mix of land uses that meets residents’ daily needs within walking distance. MA-2.5 Street Vacations. Prioritize pedestrian and utility connectivity over street vacations. MA-2.6 Context. Ensure that complete streets applications integrate the neighborhood and community identity into the street design. This can include special provisions for pedestrians and bicycles. MA-2.7 Roadway Scale. Balance roadway size and design configuration to ensure that vehicular speeds, volumes and turning movements do not compromise the safety and comfort of pedestrians and bicyclists. MA-2.8 Facility Service Levels. Maintain level of service (LOS) D for priority modes on each street; LOS E or F may be acceptable at intersections or segments for modes that are not prioritized. The City will develop a list of intersections and roadways that are protected from this level of service policy where 1) maintaining the standard would be a disincentive to walking, biking or transit; 2) constructing facilities would prevent the City from VMT reduction goals or other priorities, and ; 3) maintaining the standard would be incompatible with adjacent land uses and built forms. MA-2.9 High-Quality Pedestrian Environment. Enhance sidewalks to create a high-quality pedestrian environment, including wider sidewalks, improved pedestrian crossings, buffers between sidewalks and moving traffic, pedestrian lighting, wayfinding signage, shade trees, increased availability of benches, end of cul-de-sac access, etc. MA-2.10 Block Pattern. Require development projects to arrange streets in an interconnected block pattern, so that pedestrians, bicyclists, and drivers are not forced onto arterial streets for inter- or intra- neighborhood travel. MA-2.11 Master Planning. Master plan sites so as to ensure a well- structured network and block pattern with sufficient access and connectivity; especially in all focus areas, including the Cucamonga Town Center, Etiwanda Heights Town Center, and the Southeast Industrial Area. MA-2.12 Transportation Demand Management. Require new projects to implement Transportation Demand Management strategies, such as employer provided transit pass/parking credit, high-speed communications infrastructure for telecommuting, carpooling incentives, etc. MA-2.13 Healthy Mobility. Provide pedestrian facilities and class II buffered bike lanes (or separated bikeways) on auto-priority streets where feasible to promote active transportation. MA-2.14 Bicycle Facilities. Enhance bicycle facilities by maintaining and expanding the bicycle network, providing end-of-trip facilities (bike parking, lockers, showers), improving bicycle/transit integration, wayfinding signage, etc. Page 256 xvxiv | General Plan Annual Report 2023 GOAL MA-3 SAFETY. A transportation network that adapts to changing mobility needs while preserving sustainable community values. MA-3.1 Pedestrian and Bicycle Networks. Maintain the Active Transportation Plan supporting safe routes to school, and a convenient network of identified pedestrian and bicycle routes with access to major employment centers, shopping districts, regional transit centers, and residential neighborhoods. MA-3.2 Traffic Safety. Prioritize transportation system improvements that help eliminate traffic-related fatalities and severe injury collisions. MA-3.3 Vulnerable User Safety. Prioritize pedestrian improvements in the Pedestrian Priority Area to promote safety in the southwest area of the city. MA-3.4 Emergency Access. Prioritize development and infrastructure investments that work to implement, maintain, and enhance emergency access throughout the community. GOAL MA-4 GOODS MOVEMENT. An efficient goods movement system that ensures timely deliveries without compromising quality of life, safety and smooth traffic flow for residents and businesses. MA-4.1 Truck Network. Avoid designating truck routes that use collector or local streets that primarily serve residential uses and other sensitive receptors. MA-4.2 Southeast Area Connectivity. Require new development in the Southeast Area to provide the necessary infrastructure to maintain access and public safety. MA-4.3 Future Logistics Technology. Support and plan for electrification and autonomy of the truck fleet. MA-4.4 Rail Access. Avoid abandonment of rail access to industrial parcels or utilize such right of way to balance and enhance other connectivity goals within the City (such as pedestrian/bicycle trails). MA-4.5 Grade Separation. Support the construction of grade separations of roadways and trails from rail lines. GOAL MA-5 SUSTAINABLE TRANSPORTATION. A transportation network that adapts to changing mobility needs. MA-5.1 Land Use Supporting Reduced VMT. Work to reduce VMT through land use planning, enhanced transit access, localized attractions, and access to non-automotive modes. MA-5.2 Emerging Technologies. Prioritize investments in critical infrastructure and pilot programs to leverage proven new transportation technology. MA-5.3 Funding. Remain flexible in the pursuit and adoption of transportation funding mechanisms that fund innovative transportation solutions. MA-5.4 Intelligent Systems Preparation. Upgrade the City’s ATMS and communications systems to ensure that the City meets the intelligent transportation system demands of today while planning for future demands associated with AVs and CVs. GOAL H-1 HOUSING OPPORTUNITIES. A diverse community with a broad range of housing types and opportunities to accommodate expected new households. HOUSING H-1.1 RHNA Requirement. Encourage the development of a wide range of housing options, types, and prices that will enable the City to achieve its share of the RHNA. H-1.2 Elderly and Disabled Household Needs. Recognize the unique characteristics of elderly and disabled households and address their special needs. H-1.3 Accessory Dwelling Units. Facilitate the development of accessory dwelling units to provide additional housing opportunities pursuant to State law and established zoning regulations. GOAL H-2 AFFORDABLE HOUSING. A city where housing opportunities meet the needs of all socioeconomic segments of the community. H-2.1 Rental Assistance Programs. Encourage the use of rental assistance programs to assist lower income households and support the Housing Authority of the County of San Bernardino (HACSB) applications for additional vouchers to meet the needs of lower income households. Page 257 xviixvi | General Plan Annual Report 2023 GOAL H-3 HOMELESSNESS. A compassionate community with a wide range of options and support for the housing insecure and those experiencing homelessness. H-3.1 Homeless Services. Provide assistance as it becomes available towards efforts of local organizations and community groups to provide emergency shelters, transitional housing opportunities, and services to the City’s homeless population and those at-risk of homelessness. H-3.2 Homeless Programs. Participate with adjacent communities toward the provision of a sub-regional shelter program and encourage the County to develop a comprehensive homeless program. H-2.2 Mobile Home Park Accord. Support the Mobile Home Park Accord voluntary rent stabilization as a means of keeping rents at reasonable levels. GOAL H-4 HOUSING QUALITY. A community with quality, healthy housing. H-4.1 Mills Act Contracts. Encourage rehabilitation and preservation of historic residences through participation in Mills Act contracts. H-4.2 Substandard Housing. Encourage the revitalization and rehabilitation of substandard residential structures. H-4.3 Residential Rehabilitation. Focus rehabilitation to neighborhoods with deteriorating units. H-4.4 Home Improvement Programs. Implement the Home Improvement Programs to benefit lower income single-family homeowners and mobile homeowners. H-4.5 Housing Maintenance. Actively encourage the maintenance of existing housing in to as to maintain the housing stock in sound condition. H-4.6 Code Enforcement. Utilize concentrated Code Enforcement programs to target specific areas or problems when the need and community support warrants such activity. GOAL H-5 GOVERNMENT CONSTRAINTS. A city with an efficient process for improving and developing housing. H-5.1 Development Review Processes. Consider new polices, codes, and procedures that have the potential to reduce procedural delays, provide information early in the development process regarding development costs, and charge only those fees necessary to adequately carry out needed public services and improvements. H-5.2 Fee Schedule. Periodically review and update the City’s fee schedule and the methodology on which the fees are based to determine the necessary costs for providing adequate public services and public improvements to ensure the continued health, safety, and welfare of the community. H-5.3 Development Review Process. Facilitate the development review process for new housing through multiple techniques, including staff assistance, public information, articles in the City’s newsletter, informal meetings with applicants, and Preliminary Review applications to address technical issues and facilitate the production of quality housing. H-5.4 Development Standards. Evaluate and adjust as appropriate residential development standards, regulations, and processing procedures that are determined to constrain housing development, particularly housing opportunities for lower and moderate income households and for persons with special needs. GOAL H-6 EQUAL HOUSING OPPORTUNITIES. An equitable community that provides equal housing opportunities for all residents. H-6.1 Reduce Housing Discrimination. Explore and consider programs that will reduce the incidence of housing discrimination within the City. H-6.2 Land Use Plan. Facilitate development projects that will improve a neighborhood’s access to resources and opportunities. H-6.3 Fair Housing Outreach and Education. Support outreach and education efforts to actively further fair housing practices and understanding of fair housing rights, with emphasis on proactive education and voluntary compliance, as well as through legal enforcement on a case-by-case basis, including, but not limited to, assistance with the resolution of tenant/landlord disputes and housing discrimination complaints. H-6.4 Accessible or Barrier-Free Housing. Encourage the provisions of disabled-accessible units and housing for the mentally and physically disabled. Page 258 xixxviii | General Plan Annual Report 2023 GOAL PF-1 STATE-OF-THE-ART FACILITIES. Residents enjoy state-of-the-art public and community facilities that support existing programs, accommodate future needs, and are accessible to all members of the community. PUBLIC FACILITIES & SERVICES PF-1.1 New Building Standards. Continue to implement high-quality standards for new public facilities and improvements to existing buildings. PF-1.2 Underserved Neighborhoods. Prioritize new community facilities in underserved neighborhoods and centers. PF-1.3 Facility Collaboration. Maximize public facility use by sharing with nonprofit organizations, school districts, and community organizations. Look for opportunities to create joint-use community space at facilities owned by private organizations such as faith-based groups and service clubs. PF-1.4 Capital Improvements Program. Coordinate, plan, and manage a comprehensive capital improvements program for expansion and improvement of critical facilities and infrastructure in response to the needs of a growing community. GOAL PF-2 EDUCATION. All residents have access to high-quality educational opportunities. PF-2.1 Schools. Consider the needs of the school districts that serve Rancho Cucamonga in future planning and development activities. PF-2.2 Colleges. Partner with local public and private schools and Chaffey Community College to maintain effective educational, vocational, and workforce programs for all residents. GOAL PF-3 LIBRARIES. High-quality library resources are provided to meet the educational, cultural, civic, and general business needs of all residents. PF-3.1 Library. Continue to improve the local libraries system, complete with community facilities that provide knowledgeable, service-oriented staff and offer access to information, books, and other materials in a variety of formats, including emerging technologies. Consider future options for providing library services that are flexible and will maximize library services while keeping costs affordable. GOAL PF-4 ANIMAL CARE. Animal care and services are provided, including facilitation of adoptions, promotion of animal health and safety, and animal awareness education. PF-4.1 Animal Care. Continue to maintain and improve the Animal Care and Adoption Center facility. GOAL PF-5 WATER-RELATED INFRASTRUCTURE. Water and wastewater infrastructure facilities are available to support future growth needs and existing development. PF-5.1 Water Treatment. Support the efforts of the Cucamonga Valley Water District (CVWD) and San Bernardino County agencies to provide and expand water treatment facilities to treat local water sources from canyon surface waters and groundwater. PF-5.2 Wastewater Treatment. Consult with the Inland Empire Utilities Agency and CVWD to ensure that the treatment facility has sufficient capacity to meet future wastewater treatment needs. PF-5.3 Recycled Water. Work with the CVWD to expand the recycled water program to include existing private development. GOAL PF-6 SOLID WASTE. The volume of solid waste that enters regional landfills is minimized and the amount of recycling increased. PF-6.1 Recycling. Encourage Recycling and Organics collection and processing in all sectors of the community to divert items from entering landfills. PF-6.2 Refuse Facilities. Consult with public agencies and private contractors to ensure adequate organics processing facilities are available. GOAL PF-7 UTILITY INFRASTRUCTURE. Protect and expand utility infrastructure in a sustainable and innovative manner to serve the current and future needs of the community while ensuring that natural and environmental resources are available for future generations. PF-7.1Communications. Expand access to high quality established and emerging communications technologies for individuals, businesses, educational institutions, and government functions. Page 259 xxixx | General Plan Annual Report 2023 PF-7.2 High Speed Internet. Prioritize extending high speed internet into underserved lower income neighborhoods. PF-7.3 Utility Equipment. To the extent possible, ensure that utility boxes, above-ground equipment, and utility entrances to buildings are located at the rear or side of the building, not the front. Ensure that utility boxes and other above-ground equipment do not block or impair the safe and effective use of trails, sidewalks, and streets. PF-7.4 Planned Streets Segments and Utility Facilities. When planned street segments, as shown in the Focus Areas and Mobility & Access chapters, would unreasonably interfere with the primary utility function on utility owned parcels, allow the final location and design of those street segments to accommodate the current and prospective utility needs of the community to the greatest extent possible. PF-7.5 Secondary (Non-Utility) Uses of Utility Facilities and Sites. Ensure compatibility of secondary uses on utility owned parcels that are not related to the primary utility function of utility owned parcels with adjacent land uses and the utility needs of the community. PF-7.6 Phasing of Public Facilities. Require new parks, open spaces, infrastructure, and other facilities be funded by and/or provided by new development as necessary so as to ensure services can be provided to new development. GOAL RC-1 VISUAL RESOURCES. A beautiful city with stunning views of the San Gabriel Mountains and the Inland Empire. RC-1.1 View Corridors. Protect and preserve existing signature public views of the mountains and the valleys along roadways, open space corridors, and at other key locations. RC-1.2 Orient toward View Corridors. Encourage new development to orient views toward view corridors, valley and mountains. RC-1.3 Transfer of Development Rights. Allow the transfer of development rights from conservation areas to select development areas throughout the city and Sphere of Influence to protect hillsides, natural resources, and views and to avoid hazards and further the City’s conservation goals. RESOURCE CONSERVATION RC-1.4 Dark Sky. Limit light pollution from outdoor sources, especially in the rural, neighborhood, hillside, and open spaces to maintain darkness for night sky viewing. RC-1.5 Transit Corridor Views. Require that new development along major transit routes and travel corridors include 360-project design and landscape or design screening of outdoor activity, and storage, including views from the transit routes and travel corridors. RC-1.6 Hillside Grading. Grading of hillsides shall be minimized, following natural landform to the maximum extent possible. Retaining walls shall be discouraged and if necessary screened from view. RC-1.7 Preservation of Natural Land Features. Preserve significant natural features and incorporate into all developments. Such features may include ridges, rock outcroppings, natural drainage courses, wetland and riparian areas, steep topography, important or landmark trees and views. GOAL RC-2 WATER RESOURCES. Reliable, readily available, and sustainable water supplies for the community and natural environment. RC-2.1 Water Supplies. Protect lands critical to replenishment of groundwater supplies and local surface waters. RC-2.2 Groundwater Recharge. Preserve and enhance the existing system of stormwater capture for groundwater recharge. RC-2.3 Riparian Resources. Promote the retention and protection of natural stream courses from encroachment, erosion, and polluted urban runoff. RC-2.4 Waterways as Amenities. When considering new development applications and infrastructure improvements where waterways are on-site, adjacent, or nearby, incorporate the waterway into the design as a feature. RC-2.5 Water Conservation. Require the use of cost-effective methods to conserve water in new developments and promote appropriate water conservation and efficiency measures for existing businesses and residences. RC-2.6 Irrigation. Encourage the conversion of water-intensive turf/ landscape areas to landscaping that uses climate- and wildfire-appropriate native or non-invasive plants, efficient irrigation systems, greywater, and water efficient site maintenance. RC-2.7Greywater. Allow and encourage the use of greywater to meet or offset on-site non-potable water demand. Page 260 xxiiixxii | General Plan Annual Report 2023 GOAL RC-3 HABITAT CONSERVATION. Wildlife habitats that support various plants, mammals, and other wildlife species. RC-3.1 Sensitive Habitat. Encourage the preservation of the integrity of sensitive land resources that have significant native vegetation and/or habitat value such as riparian habitat areas, creek corridors, Riversidean Alluvial Fan Sage Scrub (RAFSS), wetlands, and sensitive wildlife habitat that supports biological resources. RC-3.2 Biological Preserves. Allow and encourage the expansion of sensitive biological preserve areas (e.g., North Etiwanda Preserve, Day Creek Preserve, and San Sevaine Preserve) and other important habitat areas with an emphasis on wildlife connectivity between habitats and connectivity to the national forest. RC-3.3 Wildlife Corridors. Encourage the creation, maintenance, and protection of open space areas that provide strategic wildlife corridors and vital connectivity between habitat areas. RC-3.4 Landscape Design. Encourage new development to incorporate native vegetation materials into landscape plans and prohibit the use of species known to be invasive according to the California Invasive Plant Inventory. RC-3.5 Buffers from New Development. Require new developments adjacent to identified plant and wildlife habitat areas to establish and maintain a protective buffer. RC-3.6 Grading and Vegetation Removal. Limit grading and vegetation removal of new development activities to the minimum extent necessary for construction and to reduce erosion and sedimentation. RC-3.7 Urban Forestry Plan. Minimize damage associated with wind- and fire-related hazards and risks and address climate change and urban heat island effects through the development of an urban forestry plan that addresses and proper and appropriate landscaping, plant and tree selection and replacement, planting and vegetation management techniques. GOAL RC-4 CULTURAL RESOURCES. A community rich with historic and cultural resources. RC-4.1 Disturbance of Human Remains. In areas where there is a high chance that human remains may be present, the City will require proposed projects to conduct a survey to establish occurrence of human remains, and measures to prevent impacts to human remains if found. RC-4.2 Discovery of Human Remains. Require that any human remains discovered during implementation of public and private projects within the city be treated with respect and dignity and fully comply with the California Native American Graves Protection and Repatriation Act and other appropriate laws. RC-4.3 Protected Sites. Require sites with significant cultural resources to be protected. RC-4.4 Preservation of Historic Resources. Encourage the preservation of historic resources, buildings, and landscapes. RC-4.5 Historic Buildings. Encourage the feasible rehabilitation and adaptive reuse of older buildings. RC-4.6 Paleontological Resources. Require any paleontological artifacts found within the city or the Sphere of Influence to be preserved, reported, and offered for curation at local museums or research facilities. GOAL RC-5 LOCAL AIR QUALITY. Healthy air quality for all residents. RC-5.1 Pollutant Sources. Minimize increases of new air pollutant emissions in the city and encourage the use of advance control technologies and clean manufacturing techniques. RC-5.2 Air Quality Land Use Compatibility. Avoid siting of homes, schools, hospitals, and childcare facilities and land uses within 500 feet of land uses that are considered large emitters. RC-5.3 Barriers and Buffers. Require design features such as site and building orientation, trees or other landscaped barriers, artificial barriers, ventilation and filtration, construction, and operational practices to reduce air quality impacts during construction and operation of large stationary and mobile sources. RC-5.4 Health Risk Assessment. Consider the health impacts of development of sensitive receptors within 500 feet of a freeway, rail line, arterial, collector or transit corridor sources using health risk assessments to understand potential impacts. RC-5.5 Impacts to Air Quality. Ensure new development does not disproportionately burden residents, due to age, culture, ethnicity, gender, race, socioeconomic status, or geographic location, with health effects from air pollution. Prioritize resource allocation, investments, and decision making that improves air quality for residents disproportionately burdened by air pollution because of historical land use planning decisions and overarching institutional and structural inequities. Page 261 xxvxxiv | General Plan Annual Report 2023 GOAL RC-6 CLIMATE CHANGE. A resilient community that reduces its contributions to a changing climate and is prepared for the health and safety risks of climate change. RC-5.6 Community Benefit Plan. Require that any land use generating or accommodating more than 100 trucks per day, more than 40 trucks with operating transport refrigeration units (TRUs) per day, or where TRU unit operations exceed 300 hours per week, provide a community benefit plan demonstrating an offset to community impacts of the truck traffic. RC-5.7 New Sensitive Receptors Near Existing Industrial Uses. Avoid placing homes, schools, hospitals, and childcare facilities within 1,000 feet of a land use that accommodates more than 100 trucks per day, more than 40 trucks with operating transport refrigeration units (TRUs) per day, or where TRU unit operations exceed 300 hours per week. RC-5.8 New Localized Air Pollution Sources Near Existing Sensitive Receptors. Avoid placing land uses that accommodate more than 100 trucks per day, more than 40 trucks with operating transport refrigeration units (TRUs) per day, or where TRU unit operations exceed 300 hours per week within 1,000 feet of homes, schools, hospitals, and childcare facilities. RC-5.9 Truck Hook-Ups at New Industrial or Commercial Developments. Require new industrial or commercial developments at which heavy-duty diesel trucks idle on-site to install electric truck hook-ups in docks, bays, and parking areas. RC-5.10 Clean and Green Industry. Prioritize non-polluting industries and companies using zero or low air pollution technologies. RC-5.11 Dust and Odor. Require new construction to include measures to minimize dust and odor during construction and operation. RC-6.1Climate Action Plan. Maintain and implement a Climate Action Plan (CAP) that provides best management practices for reducing greenhouse gas emissions. RC-6.2 Renewable Energy. Encourage renewable energy installations and facilitate green technology and business. RC-6.3 Reduce Energy Consumption. Encourage a reduction in community-wide energy consumption. RC-6.4 Urban Forest. Protect the city’s healthy trees and plant new ones to provide shade, carbon sequestration, and purify the air. RC-6.5 GHG Reduction Goal. Reduce emissions to 80 percent below 1990 levels by 2050 and achieve carbon neutrality by 2045. RC-6.6 Co-Benefits. Prioritize the development and implementation of GHG reduction measures that also achieve economic, health, social, environmental, and other co-benefits for the City and its residents and businesses. RC-6.7 Structural Equity. Encourage GHG reduction and climate adaptation measures such as trail completion, equipment upgrade, sidewalk connectivity, tree planting, and buffers be included in the City’s Capital Improvement Program (CIP) to improve areas of the city where these features are lacking. RC-6.8 Reduce Vehicle Trips. Require Transportation Demand Management (TDM) strategies, such as employer provided transit pass/parking credit, bicycle parking, bike lockers, high-speed communications infrastructure for telecommuting, and carpooling incentives, for large office, commercial, and industrial uses. RC-6.9 Access. Require pedestrian, vehicle, and transit connectivity of streets, trails, and sidewalks, as well as between complementary adjacent land uses. RC-6.10 Green Building. Encourage the construction of buildings that are certified Leadership in Energy and Environmental Design (LEED) or equivalent, emphasizing technologies that reduce GHG emissions. RC-6.11 Climate-Appropriate Building Types. Encourage alternative building types that are more sensitive to and designed for passive heating and cooling within the arid environment found in Rancho Cucamonga. RC-6.12 Reduced Water Supplies. When reviewing development proposals, consider the possibility of constrained future water supplies and require enhanced water conservation measures. RC-6.13 Designing for Warming Temperatures. When reviewing development proposals, encourage applicants and designers to consider warming temperatures in the design of cooling systems. RC-6.14 Designing for Changing Precipitation Patterns. When reviewing development proposals, encourage applicants to consider stormwater control strategies and systems for sensitivity to changes in precipitation regimes and consider adjusting those strategies to accommodate future precipitation regimes. RC-6.15 Heat Island Reductions. Require heat island reduction strategies in new developments such as light-colored paving, permeable paving, right- sized parking requirements, vegetative cover and planting, substantial tree canopy coverage, and south and west side tree planting. Page 262 xxviixxvi | General Plan Annual Report 2023 GOAL RC-7 ENERGY. An energy efficient community that relies primarily on renewable and non- polluting energy sources. RC-6.16 Public Realm Shading. Strive to improve shading in public spaces, such as bus stops, sidewalks and public parks and plazas, through the use of trees, shelters, awnings, gazebos, fabric shading and other creative cooling strategies. RC-6.17 Offsite GHG Mitigation. Allow the use of creative mitigation efforts such as offsite mitigation and in lieu fee programs as mechanisms for reducing project-specific GHG emissions. RC-6.18 Water Sources with Low GHG Emissions. Encourage local and regional water utilities to obtain water from sources with low or no GHG emissions. RC-7.1 Electric Vehicle (EV) Charging on City Property. As funding is available, encourage the installation of publicly available electric vehicle charging stations at City-owned buildings, facilities, property, and in the public right-of-way. RC-7.2 New EV Charging. Require new multifamily residential, commercial, office, and industrial development to include charging stations, or include the wiring for them. RC-7.3 EV Charging Retrofits. Encourage existing development to retrofit to include charging stations. RC-7.4 New Off-Road Equipment. When feasible, require that off-road equipment such as forklifts and yard tugs necessary for the operations of all new commercial and industrial developments be electric or fueled using clean fuel sources. RC-7.5 Municipal Vehicle Fleet. Reduce fossil fuel consumption of the City’s vehicle fleet by increasing the number of electric or zero emissions vehicles. RC-7.6 Efficiency Retrofits. Encourage existing private property owners to implement energy efficiency retrofits during substantial improvement as defined by the California Building Code. RC-7.7 Sustainable Design. Encourage sustainable building and site design that meets the standards of Leadership in Energy and Environmental Design (LEED), Sustainable Sites, Living Building Challenge, or similar certification. RC-7.8 Farmers Market, Fork to Table. Support microscale agriculture and farmers markets, and similar methods of encouraging locally grown and consumed produce. RC-7.9 Passive Solar Design. Require new buildings to incorporate energy efficient building and site design strategies for the arid environment that include appropriate solar orientation, thermal mass, use of natural daylight and ventilation, and shading. RC-7.10 Alternative Energy. Continue to promote the incorporation of alternative energy generation (e.g., solar, wind, biomass) in public and private development. RC-7.11 Community Development Subdivisions. When reviewing applications for new subdivisions, require residences be oriented along an east- west access, minimizing western sun exposure, to maximize energy efficiency. RC-7.12 Solar Access. Prohibit new development and renovations that impair adjacent buildings’ solar access, unless it can be demonstrated that the shading benefits substantially offset the impacts of solar energy generation potential. RC-7.13 Energy-Efficient Infrastructure. Whenever possible, use energy-efficient models and technology when replacing or providing new city infrastructure such as streetlights, traffic signals, water conveyance pumps, or other public infrastructure. RC-7.14 Energy Storage Facilities. The City of Rancho Cucamonga supports the development of energy storage facilities on property owned or controlled by Southern California Edison and will cooperate with Southern California Edison on the development of such facilities in a manner that balances the interests of the community with the need for clean, reliable energy. RC-7.15 Utility Preservation. Public and private development within the City, including multi-purpose trails, shall not interfere with safe and reliable transmission, storage, and generation of electricity. With the exception of utility infrastructure and other public improvements that do not interfere with such infrastructure, permanent structures are not allowed within utility corridors. Page 263 xxixxxviii | General Plan Annual Report 2023 GOAL S-1 LEADERSHIP. A city that is recognized for its leadership role in resilience and preparedness. S-1.1 City Staff Readiness. Ensure City staff and departments demonstrate a readiness to respond to emergency incidents and events. S-1.2 Culture of Preparedness. Promote a culture of preparedness for businesses and residents that empowers them to increase their resilience to hazard related events and a changing climate. S-1.3 Evacuation Capacity. Require new developments, redevelopments, and major remodels to enhance the City’s evacuation network and facilities and comply with the City’s Evacuation Assessment. S-1.4 WUIFA Access Points. Require all new developments and redevelopments within the WUIFA to provide a minimum of two points of access by means of public roads that can be used for emergency vehicle response and evacuation purposes. S-1.5 Enhanced Circulation. In areas of the city with limited access routes and circulation challenges, require additional roads and improvements to ensure adequate emergency vehicle response and evacuation. S-1.6 Evacuation Road Widths. Require any roads used for evacuation purposes to provide at least 26 feet of unobstructed pavement width. S-1.7 Maintenance of Plans. Maintain and regularly update the City’s Local Hazard Mitigation Plan (LHMP) as an integrated component of the General Plan, in coordination with the Community Wildfire Protection Plan (CWPP), the Emergency Operations Plan (EOP), the Evacuation Plan, and Standardized Emergency Management System (SEMS) compliant disaster plans to maintain eligibility for grant funding. S-1.8 Regional Coordination. Ensure regional coordination continues with neighboring jurisdictions, County, State, and Federal agencies on emergency management and risk reduction planning and activities. S-1.9 Mutual Aid. Ensure mutual aid agreements with Federal, State, local agencies, and the private sector establish responsibility boundaries, joint response services, and multi-alarm and station coverage capabilities. SAFETY GOAL S-2 SEISMIC AND GEOLOGIC HAZARDS. A built environment that minimizes risks from seismic and geologic hazards. S-2.1 Fault Setbacks. Require minimum setbacks for structures proposed for human occupancy within State and City Special Study Zones. Setbacks will be based on minimum standards established under State law and recommendations of a Certified Engineering Geologist and/or Geo-technical Engineer. S-2.2 Building Functionality. Require enhanced siting, design, and construction standards that focus on building functionality for new critical public facilities and key essential (private) facilities after a seismic event. S-2.3 Seismically Vulnerable Buildings. Prioritize the retrofit by private property owners of seismically vulnerable buildings (including but not limited to unreinforced masonry, soft-story construction, and non-ductile concrete) as better information and understanding becomes available. S-2.4 Transfer of Development Rights. Allow the transfer of development rights from areas of significant seismic and geologic hazards to select development areas throughout the City and Sphere of Influence. S-2.5 Hillside Hazards. Prioritize regulations and strategies that reduce geologic hazard risk to properties and loss of life. GOAL S-3 WILDFIRE HAZARDS. A community where wildfire impacts are minimized or reduced through investments in planning and resilience. S-3.1 Fire Risk Reduction. Apply all state and local codes and regulations (fire safe design, adherence to Standard 49-1) to new development, redevelopment, and major remodels in the WUIFA. S-3.2 Fire Protection Plans. All new development, redevelopment, and major remodels in the WUIFA will require the preparation of Fire Protection Plans (FPPs) to reduce fire threat, in accordance with Fire District policies and procedures. S-3.3 Vegetation Management. Owners of properties and public/ private roads within and adjacent to the WUIFA are required to conduct brush clearance and fuel modification to reduce fire ignition potential and spread. S-3.4 Buffer Zones. Require development projects to incorporate buffer zones as deemed necessary by the City’s Fire Marshal for fire safety and fuel modification. Page 264 xxxixxx | General Plan Annual Report 2023 S-3.5 Water Supply. All developments will meet fire flow requirements identified in the Fire Code. S-3.6 Coordination with Agencies. Coordinate with State, regional, and local agencies and service providers on fire risk reduction planning and activities. S-3.7 Wildfire Awareness. Assist residents and property owners with being better informed on fire hazards and risk reduction activities in the WUIFA. S-3.8 New Essential Facilities (WUIFA). Prohibit the siting of new essential public facilities (including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities) within the WUIFA, unless appropriate construction methods or strategies are incorporated to minimize impacts. GOAL S-4 FLOOD HAZARDS. A community where developed areas are not impacted by flooding and inundation hazards. S-4.1 New Essential Facilities (Flood). Prohibit the siting and construction of new essential public facilities within flood hazard zones, when feasible. If an essential facility must be located within a flood hazard zone, incorporate flood mitigation to the greatest extent practicable. S-4.2 Flood Risk in New Development. Require all new development to minimize flood risk with siting and design measures, such as grading that prevents adverse drainage impacts to adjacent properties, on-site retention of runoff, and minimization of structures located in floodplains. S-4.3 500-Year Floodplain. Promote the compliance of 100-year floodplain requirements on properties located within the 500-year floodplain designation. S-4.4 Flood Infrastructure. Require new development to implement and enhance the Storm Drain Master Plan by constructing stormwater management infrastructure downstream of the proposed site. S-4.5 Property Enhancements. Require development within properties located adjacent, or near flood zones and areas of frequent flooding to reduce or minimize run-off and increase retention on-site. S-4.6 Regional Coordination. Promote regional flood management and mitigation projects with other agencies (San Bernardino County Flood Control, Army Corps of Engineers, and adjacent jurisdictions) to address flood hazards holistically. S-4.7 Dam Operators. Coordinate with agencies operating or managing dam facilities that can inundate the city, on operations, maintenance, and training activities and provide the latest Emergency Action Plans annually. GOAL S-5 EMERGING HAZARDS. A built environment that incorporates new data and understanding about changing hazard conditions and climate stressors. S-5.1 Future Conditions. Ensure future climatic conditions and public health emergencies are considered as part of community resilience and investment efforts. S-5.2 Urban Forestry Plan. Minimize damage associated with wind-related hazards and address climate change and urban heat island effects through the development of an urban forestry plan and proper landscaping planting and management techniques. S-5.3 Soil Transport. Require that properties with high wind-blown soil erosion potential such as agricultural operations and construction sites prevent soil transport and dust generation wherever possible. S-5.4 Extreme Heat Vulnerabilities. Require that new developments, major remodels, and redevelopments address urban heat island issues and reduce urban heat island effects for the proposed project site and adjacent properties. S-5.5 Resilience Resources. Require new developments and redevelopments to incorporate resilience amenities such as, but not limited to community cooling centers, emergency supplies, and backup power that can be used by residents and businesses within a 1/4-mile radius of the location. S-5.6 Underground Utilities. Promote the under-grounding of utilities for new development, major remodels, and redevelopment. S-5.7 Future Adaptation. Future climate adaptation-oriented projects will incorporate natural infrastructure to the greatest extent practicable. S-5.8 Climate Resiliency. Address climate resiliency and inequities through the planning and development process. S-5.9 Address High Winds. Require buildings and developments exposed to high wind conditions to incorporate design elements and features that minimize or reduce damage to people, structures, and the community. Page 265 xxxiiixxxii | General Plan Annual Report 2023 S-6.1 Planned Development. Promote development patterns that integrate Crime Prevention Through Environmental Design (CPTED) principles that reduce the potential for human-caused hazards. S-6.2 Neighboring Properties. Encourage properties that store, generate, or dispose of hazardous materials to locate such operations as far away as possible from areas of neighboring properties where people congregate. S-6.3 Site Remediation. Encourage and facilitate the adequate and timely cleanup of existing and future contaminated sites and the compatibility of future land uses. S-6.4 Airport Planning. Protect Rancho Cucamonga interests regarding land use and safety by participating in the airport land use planning process for Ontario International Airport. S-6.5 Height Restrictions. Require proposed developments within the Ontario Airport Influence Area meet the height requirements associated with FAR Part 77 standards. S-6.6 Development Near Airport. New development within the Ontario Airport Influence Area shall be consistent with the approved Airspace Protection Zones identified in the latest version of the Airport Land Use Compatibility Plan. S-6.7 Railroad Safety. Minimize potential safety issues and land use conflicts when considering development adjacent to the railroad right-of-way. GOAL S-6 HUMAN CAUSED HAZARDS. A community with minimal risk from airport hazards and hazardous materials. N-1.1 Noise Levels. Require new development to meet the noise compatibility standards. N-1.2 Noise Barriers, Buffers and Sound Walls. Require the use of integrated design-related noise reduction measures for both interior and exterior areas prior to the use of noise barriers, buffers, or walls to reduce noise levels generated by or affected by new development. N-1.3 Non-Architectural Noise Attenuation. Non-architectural noise attenuation measures such as sound walls, setbacks, barriers, and berms shall be discouraged in pedestrian priority areas (or other urban areas or areas where pedestrian access is important). N-1.4 New Development Near Major Noise Sources. Require development proposing to add people in areas where they may be exposed to major noise sources (e.g., roadways, rail lines, aircraft, industrial or other non-transportation noise sources) to conduct a project level noise analysis and implement recommended noise reduction measures. N-1.5 Urban and Suburban Development Near Transit. Allow development located in infill areas, near transit hubs, or along major roadways an exemption from exterior noise standards for secondary open space areas (such as front yards, parking lots, stoops, porches, or balconies), if noise standards can be met for primary open space. N-1.6 Rail Crossing Quiet Zones. Allow the establishment of a full or partial at-grade rail crossing or quiet zone near transit hubs or residential development. N-1.7 Entertainment. Establish different standards for exterior noise consistent with the place type. N-1.8 Vibration Impact Assessment. Require new development to reduce vibration to 85 VdB or below within 200 feet of an existing structure. GOAL N-1 NOISE. A city with appropriate noise and vibration levels that support a range of places from quiet neighborhoods to active, exciting districts. NOISE Page 266 2023 Housing Element Annual Progress Report Jurisdiction Rancho Cucamonga 2023Reporting Year (Jan. 1 - Dec. 31) Housing Element Planning Period 6th Cycle 10/15/2021 - 10/15/2029 Building Permits Issued by Affordability Summary Income Level Current Year Deed Restricted Non-Deed Restricted 0 5Very Low Low Deed Restricted Non-Deed Restricted 0 23 0Deed Restricted Non-Deed Restricted Moderate 19 Above Moderate 306 Total Units 353 Note: Units serving extremely low-income households are included in the very low-income permitted units totals Units by Structure Type Single-family Attached Single-family Detached 2 to 4 units per structure 5+ units per structure Entitled Permitted Completed 0 7 0 14 0 1 21 54 526 46 0 0 932 0 260 79 0 Accessory Dwelling Unit Mobile/Manufactured Home 0 Total 939 353 648 Infill Housing Developments and Infill Units Permitted Indicated as Infill # of Projects Units 0 0 Not Indicated as Infill 95 353 Housing Applications Summary Total Housing Applications Submitted:10 882 412 0 Number of Proposed Units in All Applications Received: Total Housing Units Approved: Total Housing Units Disapproved: Use of SB 35 Streamlining Provisions - Applications Number of SB 35 Streamlining Applications Number of SB 35 Streamlining Applications Approved 0 0 ATTACHMENT 2 Page 267 Units Constructed - SB 35 Streamlining Permits Income Very Low Rental Ownership Total Units Units 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Low Moderate Above Moderate Total Streamlining Provisions Used - Permitted Units SB 9 (2021) - Duplex in SF Zone SB 9 (2021) - Residential Lot Split AB 2011 (2022) # of Projects 0 0 0 0 0 0 0 0 0 0 SB 6 (2022) SB 35 (2017) Ministerial and Discretionary Applications # of Applications Ministerial 0 0 Discretionary 10 882 Density Bonus Applications and Units Permitted Number of Applications Submitted Requesting a Density Bonus Number of Units in Applications Submitted Requesting a Density Bonus Number of Projects Permitted with a Density Bonus 2 452 0 Number of Units in Projects Permitted with a Density Bonus 0 Housing Element Programs Implemented and Sites Rezoned Programs Implemented Count 18 0Sites Rezoned to Accommodate the RHNA Page 268 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation Note: "+" indicates an optional fieldJurisdictionCucamonga 2023Reporting Year (Jan. 1 - Dec. 31)Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029 Table A Housing Development Applications Submitted Total Approved Units by Project 7 Total Disapproved Units by Project 8 Date Application Submitted Density Bo ApplicaProject Identifier 1 Unit Types Proposed Units - Affordability by Household Incomes Streamlining 923456 10 Did the housing development application seek incentives or concessions pursuant to Please select streamlining provision/s the application was DateTenure Very Low- Income Non Deed Moderate- Income Deed Moderate- Income Non Deed Restricted Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Application Submitted+ (see Very Low- Income Deed Restricted Low-Income Low-Income Above Moderate- Income Total APPROVED Total DISAPPROVEDLocal Jurisdiction Tracking ID Total PROPOSED Units by ProjectPrior APN+Current APN Street Address Project Name+Deed Non Deed RestrictedR=Renter O=Owner Restricted Units by project Units by Project submitted pursuant to.Restricted Restrictedinstructions)Government Code section 65915? Summary Row: Start Data Entry Below 107707111- 7450 Scott 28 0 0 0 0 0 854 1 882 1 412 1 0 SFD O O O NONE NONE NONE No No No DRC2022- 002360000 Lane, Rancho New Custom SFR Cucamonga 106240169- 6155 Klusman 0000 Ave., Rancho Cucamonga 107456116- 11022 Ranch 0000 Drive, Rancho Cucamonga 020720124- NWC Arrow Rt 0000 & Manola Pl 109053102- SEC Day Creek 0000 & Cultural Ctr Dr 4/5/2023 SFD SFD 1 1 1 1 1 1 DRC2022- 00330New SFR 5/11/2023 DRC2023- 00084Ballat Residence Avignon Reserve Alexan at VG 5/17/2023 7/19/2023 DRC2023- 00131 5+ 5+ O R 18 18 NONE NONE No No385385385DRC2022- 00275 1/11/2023 1/4/2023 020701144- NEC Foothill &DRC2022- 00379 5+R O 16 292 1 308 1 NONE NONE Yes No Strawberry Patch New SFR 0000 Grove 106181129- 9090 Reales 0000 St., Rancho Cucamonga 022519139- 13361 Banyan 0000 St., Rancho Cucamonga 022705103- 6527 Etiwanda 0000 Ave., Rancho Cucamonga SFD 1 1 DRC2023- 00207 12/18/2023 2/2/2023 SFD 5+ O O O 1 22 1 22 NONE NONE NONE No No DRC2021- 00253New custom home 22DRC2022- 00348Highland 22 Lion's Gate 2/22/2023 3/28/2023 020863247- NEC Foothill &DRC2022- 00354 5+12 132 144 Yes 0000 Lion St 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Page 269 Table A2 Annual Building Activity Report Summary -New Construction, Entitled, Permits and Completed Units Project Identifier 1 Unit Types Affordability by Household Incomes - Completed Entitlement 2 3 4 5 6 Tenure Very Low- Income Deed Restricted InVceormyeLoNw- o Low- Income Deed Restricted Low- Income Non Deed Restricted M oderate- Income Deed Restricted InM o dmeeraNteo-n Above M oderate- Income Entitlement Prior APN+Current APN Street Address Project Name+LocTarlaJ c u k riins g di I cDtion Unit Category (SFA,SFD,2 to 4,5+,ADU,MH)R=Renter O=Owner Deed Restricted n co Deed Restricted Date Approved #of Units issued Entitlements 10556 HUXLEY DR, Unit 204, RANCHO107742297-0000 Terra Vista Community PMT2018-00736 SFA O CUCAMONGA, CA 6135 EAST AVE, 022519131-0000 021010206-0000 021010206-0000 106126129-0000 CUCARMANOC N H G O A, CA PMT2018-00945 PMT2019-04348 PMT2019-04349 PMT2019-05386 ADU 5+ R O O O 11045 WANDER D CUC RA,MRANGCAH,OCA Nova at the Resort Nova at the Resort Weaver Lane O N 11044 WANDER D CUC RA,MRANGCAH,OCA 5+O N 5350 TAPESTRY OA NNGC HA O, CAP CUC LA,MR SFD 8760 DERBY FARMS DR, 106126130-0000 106126121-0000 RANCHO CUCAMONGA, CA Weaver Lane Weaver Lane PMT2019-05400 PMT2019-05407 SFD SFD O O 5380 TAPESTRY P CU L C A,MROA NNGC HA O, CA 9350 THE RESORT 021010210-0000 020846205-0000 020927220-0000 PRAARNK CH W A O Y,HomecRoemsinogrt at the PMT2019-05592 PMT2019-05722 PMT2019-05763 2 to 4 O R O CUCAMONGA, CA 7895 LION ST, CUCARMANOCHO A, CA ADU 5+ NG 9350 THE RESORT PRAARNK WAY, O HomecRoemsinogrt at the HomecRoemsinogrt at the HomecRoemsinogrt at the HomecRoemsinogrt at the HomecRoemsinogrt at the HomecRoemsinogrt at the HomecRoemsinogrt at the HomecRoemsinogrt at the HomecRoemsinogrt at the HomecRoemsinogrt at the HomecRoemsinogrt at the HomecRoemsinogrt at the 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PMT2019-06018 PMT2020-03107 5+ 5+ 5+ to R R R R R R 7878 EAST AVE, CUCARMANOCHONGA, CA Westbury Apartment 7878 EAST AVE, CUCARMANOCHONGA, CA Westbury Apartment 7878 EAST AVE, CUCARMANOC N HO GA, CA Westbury Apartment 2 2 4 4 7878 EAST AVE, CUCARMANOC N HO GA, CA Westbury Apartment to 7410 CRAWFORD OA NNGC HA O, CAPLA,MR ADU ADU CUC 10952 STONE RIVER DR, RANCHO020166346-0000 PMT2021-00739 R CUCAMONGA, CA 9807 CHURCH ST, 107733107-0000 106115102-0000 020721122-0000 110020108-0000 110020108-0000 110020108-0000 CUCARMANOC N H G O A, CA PMT2021-01098 PMT2021-01126 PMT2021-01213 PMT2021-01408 PMT2021-01409 PMT2021-01411 ADU ADU ADU 5+ R R R R R R 8301 LA SENDA R CUC DA,MRANGCAH,OCA O N 8304 VINEYARD CUACVAEM,RAN O N C G H A ,OCA 13250 FOOTHILL OR NA GN CA H, CO A BLVD,La6M6irAapgaertomneRnotsute La6M6irAapgaertomneRnotsute La6M6irAapgaertomneRnotsute CUCAM 13250 FOOTHILL OR NA GN CA H, COBLVD,5+CUCAM A 13250 FOOTHILL BCLVUDC,ARMAN N C G HO 5+O A 13305 SILVER 022519109-0000 022519109-0000 SCK U YCARMDO,R N 91739 AGN A C , HCOA Etiwanda Classics II PMT2021-02337 PMT2021-02604 SFD SFD O O 13325 SILVER YSC U K CARMDO,R N AGNC A HCOA Etiwanda Classics II , 91739 13198 OWENS CT, 022784203-0000 020910309-0000 020816239-0000 020708128-0000 106233220-0000 106124109-0000 107641142-0000 022725308-0000 CUCARMANOC N H G O A, CA PMT2021-02605 PMT2021-02759 PMT2021-03242 PMT2021-03602 PMT2021-04641 PMT2021-04693 PMT2021-04786 PMT2021-04870 ADU ADU SFD ADU ADU ADU ADU ADU R R O R R R R R 10263 26TH ST, CUCARMANOC NGA, CA HO 9251 EIGER WAY, CUCARMANOC NGA, CA HO 8439 CAMINO C USCURA M,RAN O N C G H A ,OCA 6295 CELESTITE CUACVAEM,RAN O N C G H A ,OCA 8628 HILLSIDE R CUC DA,MRANGCAH,OCA O N 6789 MONTEREY OA NNGC HA O, CAP CUC LA,MR 13044 VICTORIA OA NNGC HA O, CAS CUC TA,MR 9556 DEERBROOK ST, RANCHO CUCAMONGA, CA 020932158-0000 022541108-0000 PMT2021-05369 PMT2021-05701 ADU ADU R R 6349 SHOW HORSE WAY, RANCHO CUCAMONGA, CA 7728 SPINEL AVE, 020850203-0000 106116110-0000 107767136-0000 020716136-0000 CUCARMANOC N H G O A, CA PMT2021-05882 PMT2021-05942 PMT2021-06144 PMT2022-00138 ADU ADU ADU ADU R R R R 5193 SAPPHIRE OA NNGC HA O, CAS CUC TA,MR 11115 MUIRFIELD D CUC RA,MRANGCAH,OCA O N 8228 PLACIDA CT, CUCARMANOC NGA, CA HO 4984 GOLDENRIDGE PL, RANCHO CUCAMONGA, CA 108719103-0000 106208147-0000 PMT2022-00173 PMT2022-00341 ADU ADU R R 5715 AMETHYST CUACVAEM,R O A N N G C A H,OCA Page 272 6599 MULBERRY 022801136-0000 022517104-0000 022517104-0000 107726119-0000 106171111-0000 022539127-0000 S CUC TA,MROA NNGC HA O, CA PMT2022-00521 PMT2022-01050 PMT2022-01102 PMT2022-01357 PMT2022-01530 PMT2022-01614 ADU SFD SFD ADU ADU ADU R O O R R R 6110 SKYCREST C CUC TA,MR O A N NGCAH,OCA 6126 SKYCREST C CUC TA,MR O A N NGCAH,OCA 7680 CARTILLA CUACVAEM,R O A N N G C A H,OCA 8118 ORCHARD STA,MR OA NNGC HA O, CACUC 12937 SHASTA DRA,MR O A N NGCAH,OCA CUC 6229 LAUREL BLOSSOM PL, RANCHO022560102-0000 108925227-0000 107426116-0000 020907107-0000 107449124-0000 PMT2022-01662 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7020 PIZZOLI PL, CUCARMANOC NGA, CA HO 5981 LAYTON ST, CUCARMANOC NGA, CA HO 9169 ALTA LOMA DRA,MRANGCAH,OCA CUC O N 9763 CANDLEWOOD ST, RANCHO CUCAMONGA, CA 107732118-0000 020905207-0000 107732118-0000 PMT2023-04418 PMT2023-04583 PMT2023-04607 ADU ADU ADU R R R 9830 FERON BL C V A D M ,OR NA GN CA H, CO ACU 9763 CANDLEWOOD ST, RANCHO CUCAMONGA, CA 5815 Etiwanda Ave., Rancho110016101-0000 022519139-0000 Foothill Landing New custom home New custom home New SFR DRC2020-00432 DRC2021-00253 DRC2022-00236 DRC2022-00330 DRC2020-00407 DRC2020-00407 DRC2023-00084 5+O O O O O O O 367 1 8/9/2023 2/14/2023 4/25/2023 6/15/2023 2/22/2023 2/22/2023 8/21/2023 13361 Banyan St., Rancho SFD SFD SFD SFD SFD SFD 7450 Scott Lane, Rancho107707111-0000 106240169-0000 1 6155 Klusman Ave., Rancho 1 5647 Archibald Ave., Rancho107418102-0000 107418102-0000 107456116-0000 Archibald Two Archibald Two Ballat residence 1 5647 Archibald Ave., Rancho 1 11022 Ranch Drive, Rancho 1 9090 Reales St., Rancho106181129-0000 ꢀ109053102-0000 022705103-0000 New SFR Alexan at VG Highland 22 DRC2023-00207 DRC2022-00275 DRC2022-00348 SFD 5+ O O O 1 12/18/2023 11/27/2023 10/11/2023 SEC Day Creek &385 22 6527 Etiwanda Ave., Rancho 5+ 8833 Foothill Blvd, Rancho020721143-0000 Foothill &Vineyard DRC2022-00189 5+O 158 4/27/2023 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Page 276 Table A2 Annual Building ActivityReport Summary- New Construction, Entitled, Permits and Completed Units Project Identifier AffordabilitybyHousehold Incomes - Building Permits 7 8 9 Very Low- Income Non Deed Very Low- Income Deed Restricted Low- Income Low- Income Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Building Permits Date Issued #of Units IssuedCurrent APN Street Address Project Name+Deed Non Deed Restricted Building Permits Restricted Restricted 0 5 0 23 0 19 306 353 10556 HUXLEY DR, Unit 204, RANCHO CUCAMONGA, CA 91730 107742297-0000 TerraVista Community 0 6135 EAST AVE, RANCHO CUCAMONGA, CA 91739 11045 WANDER DR, RANCHO CUCAMONGA, CA 91730 11044 WANDER DR, RANCHO CUCAMONGA, CA 91730 022519131-0000 021010206-0000 021010206-0000 106126129-0000 0 0 0 0 Novaat the Resort Novaat the Resort Weaver Lane 5350 TAPESTRY PL, RANCHO CUCAMONGA, CA 91701 8760 DERBY FARMS DR, RANCHO CUCAMONGA, CA 91701 5380 TAPESTRY PL, RANCHO CUCAMONGA, CA 91701 106126130-0000 106126121-0000 Weaver Lane Weaver Lane 0 0 9350 THE RESORT 021010210-0000 020846205-0000 020927220-0000 PRAARNKCW CUCAMONGA, CA 91730 7895 LIONST, RANCHO CUCAMONGA, CA 91730 9350 THE RESORT PRAARNKCW H H AOY,HomecRoemsionrgt at the 0 0 0AOY,HomecRoemsionrgt at the HomecRoemsionrgt at the HomecRoemsionrgt at the HomecRoemsionrgt at the HomecRoemsionrgt at the HomecRoemsionrgt at the HomecRoemsionrgt at the HomecRoemsionrgt at the HomecRoemsionrgt at the HomecRoemsionrgt at the CUCAMONGA, CA 91730 9350 THE RESORT 020927220-0000 020927220-0000 020927220-0000 020927220-0000 020927220-0000 020927220-0000 020927220-0000 021010210-0000 021010210-0000 PRAARNKCW H AOY,0 0 0 0 0 0 0 0 0 CUCAMONGA, CA 91730 9350 THE RESORT PRAARNKCWAOY, H CUCAMONGA, CA 91730 9350 THE RESORT PRAARNKCWAOY, H CUCAMONGA, CA 91730 9350 THE RESORT PRAARNKCWAOY, H CUCAMONGA, CA 91730 9350 THE RESORT PRAARNKCWAOY, H CUCAMONGA, CA 91730 9350 THE RESORT PRAARNKCWAOY, H CUCAMONGA, CA 91730 9350 THE RESORT PRAARNKCWAOY, H CUCAMONGA, CA 91730 9350 THE RESORT PRAARNKCWAOY, H CUCAMONGA, CA 91730 9350 THE RESORT PRAARNKCWAOY, H CUCAMONGA, CA 91730 Page 277 9350 THE RESORT 020927220-0000 020927220-0000 020927220-0000 020927220-0000 020927220-0000 020927220-0000 020927220-0000 020927220-0000 020927220-0000 020927220-0000 020927220-0000 020927220-0000 020927220-0000 020927220-0000 020927220-0000 020927220-0000 021010210-0000 021010210-0000 021010210-0000 021010210-0000 PRAARNKCW CUCAMONGA, CA 91730 9350 THE RESORT H AOY,HomecRoemsionrgt at the HomecRoemsionrgt at the HomecRoemsionrgt at the HomecRoemsionrgt at the HomecRoemsionrgt at the HomecRoemsionrgt at the HomecRoemsionrgt at the HomecRoemsionrgt at the HomecRoemsionrgt at the HomecRoemsionrgt at the HomecRoemsionrgt at the HomecRoemsionrgt at the HomecRoemsionrgt at the HomecRoemsionrgt at the HomecRoemsionrgt at the HomecRoemsionrgt at the HomecRoemsionrgt at the HomecRoemsionrgt at the HomecRoemsionrgt at the HomecRoemsionrgt at the 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 PRAARNKCWAOY, H CUCAMONGA, CA 91730 9350 THE RESORT PRAARNKCWAOY, H CUCAMONGA, CA 91730 9350 THE RESORT PRAARNKCWAOY, H CUCAMONGA, CA 91730 9350 THE RESORT PRAARNKCWAOY, H CUCAMONGA, CA 91730 9350 THE RESORT PRAARNKCWAOY, H CUCAMONGA, CA 91730 9350 THE RESORT PRAARNKCWAOY, H CUCAMONGA, CA 91730 9350 THE RESORT PRAARNKCWAOY, H CUCAMONGA, CA 91730 9350 THE RESORT PRAARNKCWAOY, H CUCAMONGA, CA 91730 9350 THE RESORT PRAARNKCWAOY, H CUCAMONGA, CA 91730 9350 THE RESORT PRAARNKCWAOY, H CUCAMONGA, CA 91730 9350 THE RESORT PRAARNKCWAOY, H CUCAMONGA, CA 91730 9350 THE RESORT PRAARNKCWAOY, H CUCAMONGA, CA 91730 9350 THE RESORT PRAARNKCWAOY, H CUCAMONGA, CA 91730 9350 THE RESORT PRAARNKCWAOY, H CUCAMONGA, CA 91730 9350 THE RESORT PRAARNKCWAOY, H CUCAMONGA, CA 91730 9350 THE RESORT PRAARNKCWAOY, H CUCAMONGA, CA 91730 9350 THE RESORT PRAARNKCWAOY, H CUCAMONGA, CA 91730 9350 THE RESORT PRAARNKCWAOY, H CUCAMONGA, CA 91730 9350 THE RESORT PRAARNKCW H AOY, CUCAMONGA, CA 91730 Page 278 9350 THE RESORT 021010210-0000 021010210-0000 021010210-0000 021010210-0000 021010210-0000 021010210-0000 021010210-0000 021010210-0000 021010210-0000 021010210-0000 021010210-0000 021010210-0000 021010210-0000 021010210-0000 021010210-0000 021010210-0000 020927220-0000 020927220-0000 PRAARNKCW CUCAMONGA, CA 91730 9350 THE RESORT H AOY,HomecRoemsionrgt at the HomecRoemsionrgt at the HomecRoemsionrgt at the HomecRoemsionrgt at the HomecRoemsionrgt at the HomecRoemsionrgt at the HomecRoemsionrgt at the HomecRoemsionrgt at the HomecRoemsionrgt at the HomecRoemsionrgt at the HomecRoemsionrgt at the HomecRoemsionrgt at the HomecRoemsionrgt at the HomecRoemsionrgt at the HomecRoemsionrgt at the HomecRoemsionrgt at the HomecRoemsionrgt at the HomecRoemsionrgt at the 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 PRAARNKCWAOY, H CUCAMONGA, CA 91730 9350 THE RESORT PRAARNKCWAOY, H CUCAMONGA, CA 91730 9350 THE RESORT PRAARNKCWAOY, H CUCAMONGA, CA 91730 9350 THE RESORT PRAARNKCWAOY, H CUCAMONGA, CA 91730 9350 THE RESORT PRAARNKCWAOY, H CUCAMONGA, CA 91730 9350 THE RESORT PRAARNKCWAOY, H CUCAMONGA, CA 91730 9350 THE RESORT PRAARNKCWAOY, H CUCAMONGA, CA 91730 9350 THE RESORT PRAARNKCWAOY, H CUCAMONGA, CA 91730 9350 THE RESORT PRAARNKCWAOY, H CUCAMONGA, CA 91730 9350 THE RESORT PRAARNKCWAOY, H CUCAMONGA, CA 91730 9350 THE RESORT PRAARNKCWAOY, H CUCAMONGA, CA 91730 9350 THE RESORT PRAARNKCWAOY, H CUCAMONGA, CA 91730 9350 THE RESORT PRAARNKCWAOY, H CUCAMONGA, CA 91730 9350 THE RESORT PRAARNKCWAOY, H 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ARAPAHO RD, RANCHO CUCAMONGA, CA 91739 8021 ROSEBUD ST, RANCHO CUCAMONGA, CA 91701 9129 BASE LINE RD, RANCHO CUCAMONGA, CA 91730 13078 MALVASIA WAY, RANCHO CUCAMONGA, CA 91739 022535127-0000 104315108-0000 020801119-0000 110004113-0000 1 1 10/19/2023 2/22/2023 1 1 0 111/23/2023 5/16/2023 2/28/2023 4966 GOLDENRIDGE PL, RANCHO CUCAMONGA, CA 91739 5770 SYCAMORE CT, RANCHO CUCAMONGA, CA 91737 108719101-0000 020118234-0000 1 1 1 1 Page 282 7249 FORENZA PL, RANCHO CUCAMONGA, CA 91701 6057 CAROL AVE, RANCHO CUCAMONGA, CA 91701 8803 SIERRA MADRE AVE, RANCHO CUCAMONGA, CA 91730 13512 GREENSTONE DR, RANCHO CUCAMONGA, CA 91739 108937248-0000 106232138-0000 0 11 1 1/5/2023 020724411-0000 022773106-0000 106128113-0000 1/31/2023 1 0 1 5131 MOONSTONE AVE, RANCHO CUCAMONGA, CA 91701 5557 ORIONPL, RANCHO CUCAMONGA, CA 91739 9360 LEDIG DR, RANCHO CUCAMONGA, CA 91701 8247 9THST, RANCHO CUCAMONGA, CA 91730 9321 LANGSTON ST, RANCHO CUCAMONGA, CA 91730 1 1 11/20/2023 022620243-0000 020234221-0000 020724309-0000 020849116-0000 106122102-0000 4/17/2023 1/24/2023 11/30/2023 1/9/2023 1 1 1 1 1 1 1 1 8688 LA SENDA CT, RANCHO CUCAMONGA, CA 91701 1 1 9/19/2023 13524 GREENSTONE DR, RANCHO CUCAMONGA, CA 91739 022773107-0000 2/13/2023 1 8183 GROVE AVE, RANCHO CUCAMONGA, CA 91730 5773 SYCAMORE CT, RANCHO CUCAMONGA, CA 91737 5888 FLINT RIDGE CT, RANCHO CUCAMONGA, CA 91737 5777 CAMEO ST, RANCHO CUCAMONGA, CA 91701 7915 HILLSIDE RD, RANCHO CUCAMONGA, CA 91701 020711112-0000 020123304-0000 0 119/13/2023 4/3/2023020117413-0000 1 1 1 106202103-0000 106174106-0000 1/18/2023 1 11 1 1 10/25/2023 8735 CALAVERAS 020724207-0000 C UACVAEM, ROANNGC A H, OCA 2/27/2023 1 91730 8435 GROVE AVE, RANCHO CUCAMONGA, CA 91730 7712 ZIRCON AVE, RANCHO CUCAMONGA, CA 91730 020715102-0000 020893151-0000 4/26/2023 1 1112/14/2023 6728 CAMBRIDGE 107607151-0000 C UACVAEM, ROANNGC A H, OCA 1 2/27/2023 1 91701 9657 ESTACIA CT, RANCHO CUCAMONGA, CA 91730 6069 NAPA AVE, RANCHO CUCAMONGA, CA 91701 7585 RAMONA AVE, RANCHO CUCAMONGA, CA 91730 6610 MURIETTA CT, RANCHO CUCAMONGA, CA 91739 9617 MONTE VISTA ST, RANCHO CUCAMONGA, CA 91701 11326 DOWNING CT, RANCHO CUCAMONGA, CA 91730 11066 DELAWARE ST, RANCHO 020815321-0000 106230102-0000 107729101-0000 022747202-0000 1 1 2/23/2023 5/4/2023 1/25/2023 5/1/2023 1 1 1 1 1 1 1020213141-0000 109006107-0000 107655118-0000 11/2/2023 6/26/2023 7/27/2023 1 1 1 1 1 CUCAMONGA, CA 91701 Page 283 6150 RIVER BIRCHPL, 022577114-0000 107710112-0000 106151123-0000 RANCHO CUCAMONGA, CA 91739 10667 ORANGE BLOSSOMDR, RANCHO CUCAMONGA, CA 91730 5308 TOLSTOY RANCHRD, RANCHO CUCAMONGA, CA 91737 9711 CARRARI ST, RANCHO CUCAMONGA, CA 91737 13284 CATALPA ST, RANCHO CUCAMONGA, CA 91739 1 1 4/20/2023 7/26/2023 6/19/2023 1 1 11 1107403120-0000 022724310-0000 020169116-0000 6/1/2023 5/30/2023 6/5/2023 1 1 1 1 1 6203 GRANBY AVE, RANCHO CUCAMONGA, CA 91737 10663 ORANGEBLOSSO MDR, RANCHO CUCAMONGA, CA 91730 8777 GROVE AVE, RANCHO CUCAMONGA, CA 91730 107710112-0000 020724128-0000 108955165-0000 1 7/26/2023 8/17/2023 5/30/2023 1 1 1 1 6984 GOLDENRAIN WAY, RANCHO CUCAMONGA, CA 91739 1 12010 HEMLOCK ST, RANCHO CUCAMONGA, CA 91739 13649 JORDAN CT, RANCHO CUCAMONGA, CA 91739 6040 INDIGO AVE, RANCHO CUCAMONGA, CA 91701 109029152-0000 022773212-0000 104315127-0000 1 8/1/2023 8/9/2023 7/3/2023 1 1 1 1 1 1 9632 SAN BERNARDINO RD, RANCHO020813114-0000 4/17/2023 1 CUCAMONGA, CA 91730 10345 HAMILTON ST, RANCHO CUCAMONGA, CA 91701 7550 PASITO AVE, RANCHO CUCAMONGA 91730 8307 GROVE AVE, RANCHO CUCAMONGA, CA 91730 6477 JASPER ST, RANCHO CUCAMONGA, CA 91701 8024 ROSEBUD ST, RANCHO CUCAMONGA, CA 91701 107615160-0000 107731119-0000 020714142-0000 106262167-0000 104314412-0000 1 1 9/13/2023 6/19/2023 10/23/2023 8/22/2023 7/5/2023 1 1 1 1 1 1 1 1 13684 SMOKESTONE ST, RANCHO CUCAMONGA, CA 91739 022774214-0000 1 8/1/2023 1 0 1 7529 PASITO AVE, RANCHO CUCAMONGA, CA 91730 6192 SKYCREST CT, RANCHO CUCAMONGA, CA 91739 6115 SKYCREST CT, RANCHO CUCAMONGA, CA 91739 6142 SKYCREST CT, RANCHO CUCAMONGA, CA 91739 6158 SKYCREST CT, RANCHO CUCAMONGA, CA 91739 6176 SKYCREST CT, RANCHO CUCAMONGA, CA 91739 6145 SKYCREST CT, RANCHO CUCAMONGA, CA 91739 6131 SKYCREST CT, RANCHO CUCAMONGA, CA 91739 107731112-0000 022517104-0000 022517104-0000 022517104-0000 022517104-0000 022517104-0000 022517104-0000 022517104-0000 1 1 1 1 1 1 1 1 9/5/2023 6/29/2023 6/29/2023 6/29/2023 6/29/2023 6/29/2023 6/29/2023 6/29/2023 Skycrest Estates Skycrest Estates Skycrest Estates Skycrest Estates Skycrest Estates Skycrest Estates Skycrest Estates 1 1 1 1 1 1 1 Page 284 6217 PERIDOT AVE, RANCHO CUCAMONGA, CA 91701 9130 CHURCHST, RANCHO CUCAMONGA, CA 91730 8835 HILLSIDE RD, RANCHO CUCAMONGA, CA 91701 6396 KLUSMAN AVE, RANCHO CUCAMONGA, CA 91737 10711 FINCHAVE, RANCHO 106249102-0000 020871204-0000 106166135-0000 106256111-0000 107638119-0000 1 10/25/2023 7/17/2023 6/26/2023 10/23/2023 9/6/2023 1 1 1 1 1 1 1 1 1 1 1 CUCAMONGA, CA 91737 8225 RED HILL COUNTRYCLUB DR, RANCHO CUCAMONGA, CA 91730 8469 AVALONCT, RANCHO CUCAMONGA, CA 91701 7020 PIZZOLI PL, RANCHO CUCAMONGA, CA 91701 5981 LAYTONST, RANCHO CUCAMONGA, CA 91737 020711216-0000 11/15/2023 1 020225122-0000 108931256-0000 106223229-0000 106259105-0000 11/30/2023 10/24/2023 11/29/2023 11/30/2023 1 1 1 1 1 1 9169 ALTA LOMA DR, RANCHO CUCAMONGA, CA 91701 1 9763 CANDLEWOOD ST, RANCHO CUCAMONGA, CA 91730 9830 FERON BLVD, RANCHO CUCAMONGA, CA 91730 107732118-0000 020905207-0000 107732118-0000 1 12/13/2023 10/26/2023 12/13/2023 1 1 1 1 1 9763 CANDLEWOOD ST, RANCHO CUCAMONGA, CA 91730 5815 Etiwanda Ave., Rancho Cucamonga 13361 BanyanSt., Rancho Cucamonga 7450 Scott Lane, Rancho 110016101-0000 022519139-0000 107707111-0000 106240169-0000 Foothill Landing Newcustom home Newcustom home NewSFR 0 0 0 0 0 0 0 Cucamonga 6155 Klusman Ave., Rancho Cucamonga 5647 Archibald Ave., Rancho Cucamonga 5647 Archibald Ave., Rancho Cucamonga 11022 Ranch Drive, Rancho Cucamonga 107418102-0000 107418102-0000 107456116-0000 Archibald Two Archibald Two Ballat residence 9090 Reales St., Rancho Cucamonga SEC Day Creek & Cultural Ctr Dr 6527 Etiwanda Ave., Rancho Cucamonga 106181129-0000 ꢀ109053102-0000 022705103-0000 NewSFR Alexanat VG Highland 22 0 0 0 8833 Foothill Blvd, 020721143-0000 Rancho Foothill & Vineyard 0 Cucamonga 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Page 285 Table A2 Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Affordability by Household Incomes - Certificates of Occupancy 10 Project Identifier 11 12 #of Units issuedCertificates ofVery Low- Income Non Deed Very Low- Income Deed Restricted Low- Income Low- Income Moderate- Income Deed Restricted Deed Restricted Moderate- Income Non Above Moderate- Income Occupancy or other forms of readiness (see instructions) Date Issued Current APN Street Address Project Name+Deed Non Deed Restricted Certificates of Occupancy or other forms of readiness RestrictedRestricted 0 2 0 9 0 16 621 648 10556 HUXLEY DR, Unit 204, 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021010210-0000 021010210-0000 021010210-0000 021010210-0000 021010210-0000 021010210-0000 020927220-0000 PARKWAY, RANCHO CUCAMONGA, CA 91730 9350 THE RESORT PARKWAY, RANCHO CUCAMONGA, CA 91730 9350 THE RESORT PARKWAY, RANCHO CUCAMONGA, CA 91730 9350 THE RESORT PARKWAY, RANCHO CUCAMONGA, CA 91730 9350 THE RESORT PARKWAY, RANCHO CUCAMONGA, CA 91730 9350 THE RESORT PARKWAY, RANCHO CUCAMONGA, CA 91730 9350 THE RESORT PARKWAY, RANCHO CUCAMONGA, CA 91730 9350 THE RESORT PARKWAY, RANCHO CUCAMONGA, CA 91730 9350 THE RESORT PARKWAY, RANCHO CUCAMONGA, CA 91730 9350 THE RESORT PARKWAY, RANCHO CUCAMONGA, CA 91730 9350 THE RESORT PARKWAY, RANCHO CUCAMONGA, CA 91730 9350 THE RESORT PARKWAY, RANCHO CUCAMONGA, CA 91730 9350 THE RESORT PARKWAY, RANCHO CUCAMONGA, CA 91730 9350 THE RESORT PARKWAY, RANCHO CUCAMONGA, CA 91730 9350 THE RESORT PARKWAY, RANCHO CUCAMONGA, CA Homecoming at the Resort 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 4 7/6/2023 7/18/2023 5/2/2023 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 4 Homecoming at the Resort Homecoming at the Resort Homecoming at the Resort 11/27/2023 11/27/2023 3/27/2023 5/2/2023 Homecoming at the Resort Homecoming at the Resort Homecoming at the Resort Homecoming at the Resort 7/18/2023 5/2/2023Homecoming at the Resort Homecoming at the Resort 5/2/2023 Homecoming at the Resort 12/13/2023 11/27/2023 1/19/2023 1/6/2023 Homecoming at the Resort Homecoming at the Resort Homecoming at the Resort Homecoming at the Resort 3/8/2023 91730 9350 THE RESORT PARKWAY, RANCHO CUCAMONGA, CA 91730 9350 THE RESORT PARKWAY, RANCHO CUCAMONGA, CA 91730 9350 THE RESORT PARKWAY, RANCHO CUCAMONGA, CA 91730 9350 THE RESORT PARKWAY, RANCHO Homecoming at the Resort 5/2/2023 Homecoming at the Resort 7/18/2023 5/2/2023Homecoming at the Resort Homecoming at the Resort 5/16/2023 CUCAMONGA, CA 91730 Page 288 9350 THE RESORT 020927220-0000 PARKWAY, RANCHO Homecoming at the Resort 4 5/16/2023 4 CUCAMONGA, CA 91730 7878 EAST AVE, RANCHO CUCAMONGA, CA 91739 7878 EAST AVE, RANCHO CUCAMONGA, CA 91739 7878 EAST AVE, RANCHO CUCAMONGA, CA 91739 7878 EAST AVE, RANCHO CUCAMONGA, CA 91739 7878 EAST AVE, RANCHO CUCAMONGA, CA 91739 7410 CRAWFORD PL, RANCHO CUCAMONGA, CA 91739 110019104-0000 110019104-0000 110019104-0000 110019104-0000 110019104-0000 110002151-0000 Westbury Apartment Westbury Apartment Westbury Apartment Westbury Apartment Westbury Apartment 20 34 20 2 9/12/2023 10/31/2023 9/12/2023 10/31/2023 10/31/2023 20 34 20 2 2 2 0 10952 STONE RIVER DR, 020166346-0000 RANCHO 0 CUCAMONGA, CA 91737 9807 CHURCH ST, RANCHO CUCAMONGA, CA 91730 8301 LA SENDA RD, RANCHO CUCAMONGA, CA 91701 8304 VINEYARD AVE, RANCHO CUCAMONGA, CA 91730 13250 FOOTHILL BLVD, RANCHO CUCAMONGA, CA 91739 13250 FOOTHILL BLVD, RANCHO CUCAMONGA, CA 91739 13250 FOOTHILL BLVD, RANCHO CUCAMONGA 91739 107733107-0000 106115102-0000 020721122-0000 110020108-0000 110020108-0000 110020108-0000 1 10/24/2023 9/5/2023 1 11 1 5/18/2023 10/23/2023 12/20/2023 10/31/2023 1 La Mirage on Route 66 Apartments 18 61 64 18 61 64 La Mirage on Route 66 Apartments La Mirage on Route 66 Apartments 13305 SILVER SKY RD, RANCHO022519109-0000 CUCAMONGA, CA Etiwanda Classics II 1 1 4/10/2023 1 1 91739 13325 SILVER SKY RD, RANCHO022519109-0000 CUCAMONGA, CA Etiwanda Classics II 4/10/2023 91739 13198 OWENS CT, 022784203-0000 020910309-0000 020816239-0000 020708128-0000 106233220-0000 106124109-0000 107641142-0000 022725308-0000 RANCHO CUCAMONGA, CA 91739 10263 26TH ST, RANCHO CUCAMONGA, CA 91730 9251 EIGER WAY, RANCHO CUCAMONGA, CA 91730 8439 CAMINO SUR, RANCHO CUCAMONGA, CA 91730 6295 CELESTITE AVE, RANCHO CUCAMONGA, CA 91701 8628 HILLSIDE RD, RANCHO CUCAMONGA, CA 91701 1 10/31/2023 1 0 1 1 1 1 1 0 1 1 1 6/21/2023 2/23/2023 9/18/2023 1/3/20231 6789 MONTEREY PL, RANCHO CUCAMONGA, CA 91701 13044 VICTORIA ST, RANCHO CUCAMONGA, CA 91739 1 2/23/2023 9556 DEERBROOK ST, RANCHO020932158-0000 1 1/19/2023 1 CUCAMONGA, CA 91730 6349 SHOW HORSE WAY, RANCHO CUCAMONGA, CA 91739 7728 SPINEL AVE, RANCHO CUCAMONGA, CA 91730 022541108-0000 020850203-0000 1 2/7/2023 1 111/24/2023 Page 289 5193 SAPPHIRE ST, RANCHO CUCAMONGA, CA 91701 11115 MUIRFIELD DR, RANCHO CUCAMONGA, CA 91730 8228 PLACIDA CT, RANCHO CUCAMONGA, CA 91730 106116110-0000 107767136-0000 020716136-0000 0 1 1 1 10/25/2023 3/28/20231 4984 GOLDENRIDGE PL, RANCHO CUCAMONGA, CA 91739 5715 AMETHYST AVE, RANCHO CUCAMONGA, CA 91737 6599 MULBERRY ST, RANCHO CUCAMONGA, CA 91739 6110 SKYCREST CT, RANCHO CUCAMONGA, CA 91739 6126 SKYCREST CT, RANCHO CUCAMONGA, CA 91739 7680 CARTILLA AVE, RANCHO CUCAMONGA, CA 91730 8118 ORCHARD ST, RANCHO CUCAMONGA, CA 91701 12937 SHASTA DR, RANCHO CUCAMONGA, CA 91739 6229 LAUREL BLOSSOM PL, RANCHO CUCAMONGA, CA 91739 11339 NAPOLI DR, RANCHO CUCAMONGA, CA 91701 10168 WATERFORD LN, RANCHO CUCAMONGA, CA 91737 8783 RAMONA AVE, RANCHO CUCAMONGA, CA 91730 108719103-0000 1 5/30/2023 8/31/2023 1 106208147-0000 022801136-0000 022517104-0000 022517104-0000 107726119-0000 106171111-0000 022539127-0000 1 1 0 0 0 0 0 113/20/2023 8/9/2023022560102-0000 108925227-0000 107426116-0000 020907107-0000 107449124-0000 1 1 1 1 1 1 1 0 4/11/2023 1/19/2023 6/26/20231 11063 DEER CANYON DR, RANCHO CUCAMONGA, CA 91737 9759 MANZANITA DR, RANCHO CUCAMONGA, CA 91737 8732 VINMAR AVE, RANCHO CUCAMONGA, CA 91730 8865 RANCHO ST, RANCHO CUCAMONGA, CA 91701 020114210-0000 020724225-0000 106166111-0000 1 7/18/2023 8/29/2023 3/27/2023 1 1 1 1 1 1 12802 NORTH RIM WAY, RANCHO108728111-0000 CUCAMONGA, CA 2/21/2023 6/27/2023 4/26/2023 5/8/2023 1 1 1 1 1 1 1 91739 12770 BRIDGE WATER DR, RANCHO CUCAMONGA, CA 91739 022561124-0000 1 13375 SILVER SKY RD, RANCHO022519109-0000 CUCAMONGA, CA Etiwanda Classics II 1 1 1 1 1 91739 13388 SILVER SKY RD, RANCHO022519109-0000 CUCAMONGA, CA Etiwanda Classics II 91739 13439 SILVER SKY RD, RANCHO022519109-0000 CUCAMONGA, CA Etiwanda Classics II 91739 8/14/2023 5/8/2023 13318 SILVER SKY RD, RANCHO022519109-0000 CUCAMONGA, CA Etiwanda Classics II 91739 13365 SILVER SKY RD, RANCHO022519109-0000 CUCAMONGA, CA Etiwanda Classics II 91739 4/26/2023 Page 290 13395 SILVER SKY RD, RANCHO022519109-0000 CUCAMONGA, CA Etiwanda Classics II 91739 1 1 1 1 1 1 1 1 1 1 5/8/2023 5/15/2023 5/1/2023 6/22/2023 6/26/2023 5/25/2023 5/25/2023 6/5/2023 4/27/2023 5/1/2023 1 1 1 1 1 1 1 1 1 1 13368 SILVER SKY RD, RANCHO022519109-0000 CUCAMONGA, CA Etiwanda Classics II 91739 13358 SILVER SKY RD, RANCHO022519109-0000 CUCAMONGA, CA Etiwanda Classics II 91739 13405 SILVER SKY RD, RANCHO022519109-0000 CUCAMONGA, CA Etiwanda Classics II 91739 13425 SILVER SKY RD, RANCHO022519109-0000 CUCAMONGA, CA Etiwanda Classics II 91739 13438 SILVER SKY RD, RANCHO022519109-0000 CUCAMONGA, CA Etiwanda Classics II 91739 13428 SILVER SKY RD, RANCHO022519109-0000 CUCAMONGA, CA Etiwanda Classics II 91739 13408 SILVER SKY RD, RANCHO022519109-0000 CUCAMONGA, CA Etiwanda Classics II 91739 13345 SILVER SKY RD, RANCHO022519109-0000 CUCAMONGA, CA Etiwanda Classics II 91739 13338 SILVER SKY RD, RANCHO022519109-0000 CUCAMONGA, CA Etiwanda Classics II 91739 8840 CHURCH ST, 020742106-0000 020817206-0000 RANCHO CUCAMONGA, CA 91730 7438 HELLMAN AVE, RANCHO CUCAMONGA, CA 91730 0 0 8249 RED HILL COUNTRY CLUB DR, RANCHO CUCAMONGA, CA 91730 020712324-0000 0 12915 FOOTHILL BLVD, RANCHO CUCAMONGA, CA 91739 7885 LION ST, RANCHO CUCAMONGA, CA 91730 12975 FOOTHILL BLVD, RANCHO CUCAMONGA, CA 91739 022931116-0000 020846206-0000 022931116-0000 Alta Cuvee 0 0 0Alta Cuvee 8245 RED HILL COUNTRY CLUB DR, RANCHO CUCAMONGA, CA 91730 020712324-0000 0 8247 RED HILL COUNTRY CLUB DR, RANCHO CUCAMONGA, CA 91730 6730 BERYL ST, RANCHO CUCAMONGA, CA 91701 020712324-0000 020246164-0000 0 0 1 1 1 7869 ALTA CUESTA, RANCHO020708107-0000 CUCAMONGA, CA 91730 1 1 1 5/2/2023 6/12/2023 8/29/2023 5291 CARNELIAN 106127115-0000 021056115-0000 ST, RANCHO CUCAMONGA, CA 91701 9390 ALDERWOOD DR, RANCHO CUCAMONGA, CA 91730 6659 ETIWANDA AVE, RANCHO CUCAMONGA, CA 91739 5033 EARL CT, RANCHO CUCAMONGA, CA 91701 9276 GARDEN ST, RANCHO 022705110-0000 106179107-0000 020134166-0000 0 1 0 1 11/2/2023 CUCAMONGA, CA 91701 Page 291 6536 AQUAMARINE AVE, RANCHO CUCAMONGA, CA 91701 020189112-0000 0 13044 ARAPAHO RD, RANCHO CUCAMONGA, CA 91739 8021 ROSEBUD ST, RANCHO CUCAMONGA, CA 91701 9129 BASE LINE RD, RANCHO CUCAMONGA, CA 91730 13078 MALVASIA WAY, RANCHO CUCAMONGA, CA 91739 022535127-0000 104315108-0000 020801119-0000 110004113-0000 0 1 1 1 1 7/5/2023 10/19/2023 10/31/2023 1 1 4966 GOLDENRIDGE PL, RANCHO CUCAMONGA, CA 91739 108719101-0000 0 5770 SYCAMORE CT, RANCHO CUCAMONGA, CA 91737 7249 FORENZA PL, RANCHO CUCAMONGA, CA 91701 6057 CAROL AVE, RANCHO CUCAMONGA, CA 91701 020118234-0000 108937248-0000 106232138-0000 0 1 1 1 4/4/2023 1 12/21/2023 8803 SIERRA MADRE AVE, RANCHO CUCAMONGA, CA 91730 020724411-0000 022773106-0000 106128113-0000 0 1 0 13512 GREENSTONE DR, RANCHO CUCAMONGA, CA 91739 1 4/5/2023 5131 MOONSTONE AVE, RANCHO CUCAMONGA, CA 91701 5557 ORION PL, RANCHO CUCAMONGA, CA 91739 9360 LEDIG DR, RANCHO CUCAMONGA, CA 91701 8247 9TH ST, RANCHO CUCAMONGA, CA 91730 9321 LANGSTON ST, RANCHO CUCAMONGA, CA 91730 8688 LA SENDA CT, RANCHO CUCAMONGA, CA 91701 022620243-0000 020234221-0000 020724309-0000 020849116-0000 106122102-0000 0 0 0 1 0 1 4/6/2023 9/27/2023 8/8/2023 13524 GREENSTONE DR, RANCHO CUCAMONGA, CA 91739 8183 GROVE AVE, RANCHO CUCAMONGA, CA 91730 5773 SYCAMORE CT, RANCHO CUCAMONGA, CA 91737 022773107-0000 0 020711112-0000 020123304-0000 1 1 0 5888 FLINT RIDGE CT, RANCHO020117413-0000 CUCAMONGA, CA 0 91737 5777 CAMEO ST, RANCHO CUCAMONGA, CA 91701 7915 HILLSIDE RD, RANCHO CUCAMONGA, CA 91701 106202103-0000 106174106-0000 1 1 0 8735 CALAVERAS AVE, RANCHO020724207-0000 CUCAMONGA, CA 0 91730 8435 GROVE AVE, RANCHO CUCAMONGA, CA 91730 7712 ZIRCON AVE, RANCHO CUCAMONGA, CA 91730 020715102-0000 020893151-0000 0 0 Page 292 6728 CAMBRIDGE AVE, RANCHO107607151-0000 CUCAMONGA, CA 91701 1 11/6/2023 8/3/2023 1 9657 ESTACIA CT, 020815321-0000 106230102-0000 107729101-0000 022747202-0000 RANCHO CUCAMONGA, CA 91730 6069 NAPA AVE, RANCHO CUCAMONGA, CA 91701 7585 RAMONA AVE, RANCHO CUCAMONGA, CA 91730 1 1 0 0 0 6610 MURIETTA CT, RANCHO CUCAMONGA, CA 91739 9617 MONTE VISTA ST, 020213141-0000 109006107-0000 RANCHO CUCAMONGA, CA 91701 11326 DOWNING CT, RANCHO CUCAMONGA, CA 91730 0 0 0 11066 DELAWARE ST, RANCHO107655118-0000 CUCAMONGA, CA 91701 6150 RIVER BIRCH PL, 022577114-0000 107710112-0000 106151123-0000 RANCHO CUCAMONGA, CA 91739 10667 ORANGE BLOSSOM DR, RANCHO CUCAMONGA, CA 91730 5308 TOLSTOY 0 0 0 RANCH RD, RANCHO CUCAMONGA, CA 91737 9711 CARRARI ST, RANCHO CUCAMONGA, CA 91737 13284 CATALPA ST, RANCHO CUCAMONGA, CA 91739 6203 GRANBY AVE, RANCHO CUCAMONGA, CA 91737 107403120-0000 022724310-0000 020169116-0000 0 1 0 1 8/24/2023 10663 ORANGEBLOSSO 107710112-0000 020724128-0000 108955165-0000 M DR, RANCHO 0 0 1 CUCAMONGA, CA 91730 8777 GROVE AVE, RANCHO CUCAMONGA, CA 91730 6984 GOLDENRAIN WAY, RANCHO CUCAMONGA, CA 91739 1 8/24/2023 12010 HEMLOCK ST, RANCHO CUCAMONGA, CA 91739 13649 JORDAN CT, RANCHO CUCAMONGA, CA 91739 109029152-0000 022773212-0000 104315127-0000 0 0 0 6040 INDIGO AVE, RANCHO CUCAMONGA, CA 91701 9632 SAN BERNARDINO RD, RANCHO020813114-0000 1 9/27/2023 1 CUCAMONGA, CA 91730 10345 HAMILTON ST, RANCHO CUCAMONGA, CA 91701 7550 PASITO AVE, RANCHO CUCAMONGA 91730 8307 GROVE AVE, RANCHO CUCAMONGA, CA 91730 6477 JASPER ST, RANCHO CUCAMONGA, CA 91701 8024 ROSEBUD ST, RANCHO CUCAMONGA, CA 91701 107615160-0000 107731119-0000 020714142-0000 106262167-0000 104314412-0000 0 0 0 0 1112/21/2023 Page 293 13684 SMOKESTONE ST, RANCHO CUCAMONGA, CA 91739 022774214-0000 0 0 0 7529 PASITO AVE, RANCHO CUCAMONGA, CA 91730 6192 SKYCREST CT, RANCHO CUCAMONGA, CA 91739 6115 SKYCREST CT, RANCHO CUCAMONGA, CA 91739 6142 SKYCREST CT, RANCHO CUCAMONGA, CA 91739 6158 SKYCREST CT, RANCHO CUCAMONGA, CA 91739 6176 SKYCREST CT, RANCHO CUCAMONGA, CA 91739 6145 SKYCREST CT, RANCHO CUCAMONGA, CA 91739 6131 SKYCREST CT, RANCHO CUCAMONGA, CA 91739 6217 PERIDOT AVE, RANCHO CUCAMONGA, CA 91701 9130 CHURCH ST, RANCHO CUCAMONGA, CA 91730 8835 HILLSIDE RD, RANCHO CUCAMONGA, CA 91701 6396 KLUSMAN AVE, RANCHO CUCAMONGA, CA 91737 10711 FINCH AVE, RANCHO CUCAMONGA, CA 91737 107731112-0000 022517104-0000 022517104-0000 022517104-0000 022517104-0000 022517104-0000 022517104-0000 022517104-0000 106249102-0000 020871204-0000 106166135-0000 106256111-0000 107638119-0000 Skycrest Estates Skycrest Estates Skycrest Estates Skycrest Estates Skycrest Estates Skycrest Estates Skycrest Estates 0 0 0 0 0 0 0 0 0 0 0 0 8225 RED HILL COUNTRY CLUB DR, RANCHO CUCAMONGA, CA 91730 020711216-0000 0 8469 AVALON CT, RANCHO CUCAMONGA, CA 91701 7020 PIZZOLI PL, RANCHO CUCAMONGA, CA 91701 5981 LAYTON ST, RANCHO CUCAMONGA, CA 91737 9169 ALTA LOMA DR, RANCHO CUCAMONGA, CA 91701 020225122-0000 108931256-0000 106223229-0000 106259105-0000 0 0 0 0 9763 CANDLEWOOD ST, RANCHO CUCAMONGA, CA 91730 9830 FERON BLVD, RANCHO CUCAMONGA, CA 91730 107732118-0000 020905207-0000 107732118-0000 0 0 0 9763 CANDLEWOOD ST, RANCHO CUCAMONGA, CA 91730 5815 Etiwanda Ave., Rancho Cucamonga 13361 Banyan St., Rancho Cucamonga 7450 Scott Lane, Rancho 110016101-0000 022519139-0000 107707111-0000 106240169-0000 Foothill Landing New custom home New custom home New SFR 0 0 0 0 0 0 0 Cucamonga 6155 Klusman Ave., Rancho Cucamonga 5647 Archibald Ave., Rancho Cucamonga 5647 Archibald Ave., Rancho Cucamonga 107418102-0000 107418102-0000 107456116-0000 Archibald Two Archibald Two Ballat residence 11022 Ranch Drive, Rancho Cucamonga Page 294 9090 Reales St., Rancho Cucamonga 106181129-0000 ꢀ109053102-0000 022705103-0000 New SFR Alexan at VG Highland 22 0 0 0 SEC Day Creek Cultural Ctr Dr 6527 Etiwanda Ave., Rancho Cucamonga & 8833 Foothill Blvd, Rancho020721143-0000 Foothill &Vineyard 0 Cucamonga 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Page 295 Annual Building Activity Report Summary Streamlining -New Construction, Entitled, Permits and Completed Units Housing with Financial AssistanceProject Identifier Infill and/or Deed Restrictions Housing without Financial Assistance or Term of Affordability or Demolished/Destroyed Units 20 Density Bonus 13 14 15 16 17 18 19 21 22 23 24 Please select the For units affordable without Total DensityBonus Applied Demolished or Demolished/D to the Project (Percentage NumInbcenr toivfe Concessions, Ost,her List the incentives, How manyof psrtorevaismiolinnitnhge Assistance Programs Deed RTeyspteriction (mayselect rfeinsatnriccitailoansss,iesxtapnlacien ohrowdetedeh Term of Affordability Number of c w oanicveesrss,ioannsd,Did the project receive a Current APN Street Address Project Name+EthxtereumnietslyLeorwew project was InfillYU/Nn+its?f(omraEyaschelDeectvemloupltmipelen-t see instructions)localitydetermined the units (yoeraDrese)d(ifR a effsotrrdicatbiloenin Demolished/Destroye Destroyed Units UneitstroOywedner InUcnreita s soerinToTtoatla M l Aaxllio m w u amble MoWdaifiive c artiso,nosr GOitvh e enr to modifications repdaurkcitnio g nsotarnwdaairvdesr?of Income?pursA u P a P n RtOtVo.E(Dmay minuslttriupcletio- nsse)e (sw e e e reinasftfrourcdtaiobnles)perpetuity enter 1000)+d Units or Renter Allowable Residential Gross the Project (Excluding (ExcWluadiivn e grsPaorrking (Y/N) select multiple)Floor Area) P P a arr k kiinn g gRWeadiuvectrisonosr)Parking Modifications) 10556HUXLEYDR, Unit 204, RANCHO107742297-0000 TerraVistaCommunity NONE NCUCAMONGA, CA 6135EASTAVE, 022519131-0000 CUCARMAONCNHGOA, CA NONE NONE NONE NONE N N N N 11045WANDER 021010206-0000 CUDCRA,MROAN NG C A H,OCA Novaat theResort 11044WANDER 021010206-0000 CUDCRA,MROANNGCAH,OCA Novaat theResort 5350TAPESTRY 106126129-0000 CUCPLA,MROANNGCAHO, CA Weaver Lane Weaver Lane Weaver Lane 8760DERBY FARMSDR,RANCHO106126130-0000 NONE NONE N N CUCAMONGA, CA 5380TAPESTRY106126121-0000 CUCPLA,MROANNGCAHO, CA 9350THERESORT PARKWAY,RANCHOCUCAMONGA, CA 91730 021010210-0000 Homecomingat the Resort NONE NONE NONE N N N 7895LIONST, 020846205-0000 CUCARMAONCNHGOA, CA 9350THERESORT PARKWAY,RANCHO CUCAMONGA, CA 91730 020927220-0000 020927220-0000 020927220-0000 020927220-0000 020927220-0000 020927220-0000 020927220-0000 020927220-0000 021010210-0000 021010210-0000 020927220-0000 020927220-0000 020927220-0000 020927220-0000 020927220-0000 020927220-0000 020927220-0000 020927220-0000 020927220-0000 020927220-0000 020927220-0000 020927220-0000 020927220-0000 020927220-0000 020927220-0000 Homecomingat theResort 9350THERESORTPARKWAY, RANCHOCUCAMONGA, CA 91730 Homecomingat the Resort NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE N N N N N N N N N N N N N N N N N N N N N N N N 9350THERESORT PARKWAY,RANCHO CUCAMONGA, CA 91730 Homecomingat theResort 9350THERESORTPARKWAY, RANCHOCUCAMONGA, CA 91730 Homecomingat the Resort 9350THERESORT PARKWAY,RANCHO CUCAMONGA, CA91730 Homecomingat theResort 9350THERESORT PARKWAY, RANCHOCUCAMONGA, CA 91730 Homecomingat the Resort 9350THERESORTPARKWAY,RANCHO CUCAMONGA, CA91730 Homecomingat theResort 9350THERESORT PARKWAY, RANCHOCUCAMONGA, CA 91730 Homecomingat the Resort 9350THERESORTPARKWAY,RANCHO CUCAMONGA, CA91730 Homecomingat theResort 9350THERESORT PARKWAY, RANCHOCUCAMONGA, CA 91730 Homecomingat the Resort 9350THERESORTPARKWAY,RANCHO CUCAMONGA, CA91730 Homecomingat theResort 9350THERESORT PARKWAY, RANCHOCUCAMONGA, CA 91730 Homecomingat the Resort 9350THERESORTPARKWAY, RANCHO CUCAMONGA, CA91730 Homecomingat theResort 9350THERESORT PARKWAY,RANCHOCUCAMONGA, CA 91730 Homecomingat the Resort 9350THERESORTPARKWAY, RANCHO CUCAMONGA, CA91730 Homecomingat theResort 9350THERESORT PARKWAY,RANCHOCUCAMONGA, CA 91730 Homecomingat the Resort 9350THERESORTPARKWAY, RANCHO CUCAMONGA, CA91730 Homecomingat theResort 9350THERESORT PARKWAY,RANCHOCUCAMONGA, CA 91730 Homecomingat the Resort 9350THERESORTPARKWAY, RANCHO CUCAMONGA, CA91730 Homecomingat theResort 9350THERESORT PARKWAY,RANCHO CUCAMONGA, CA 91730 Homecomingat the Resort 9350THERESORTPARKWAY, RANCHOCUCAMONGA, CA91730 Homecomingat theResort 9350THERESORT PARKWAY,RANCHO CUCAMONGA, CA 91730 Homecomingat the Resort 9350THERESORTPARKWAY, RANCHOCUCAMONGA, CA91730 Homecomingat the Resort 9350THERESORT PARKWAY,RANCHO CUCAMONGA, CA 91730 Homecomingat theResort 9350THERESORTPARKWAY, RANCHOCUCAMONGA, CA 91730 Homecomingat the Resort Page 296 9350THERESORT PARKWAY, RANCHOCUCAMONGA, CA 91730 020927220-0000 021010210-0000 021010210-0000 021010210-0000 021010210-0000 021010210-0000 021010210-0000 021010210-0000 021010210-0000 021010210-0000 021010210-0000 021010210-0000 021010210-0000 021010210-0000 021010210-0000 021010210-0000 021010210-0000 021010210-0000 021010210-0000 021010210-0000 021010210-0000 020927220-0000 020927220-0000 Homecomingat the Resort NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE N N N N N N N N N N N N N N N N N N N N N N N 9350THERESORTPARKWAY,RANCHO CUCAMONGA, CA91730 Homecomingat theResort 9350THERESORT PARKWAY, RANCHOCUCAMONGA, CA 91730 Homecomingat the Resort 9350THERESORTPARKWAY, RANCHO CUCAMONGA, CA91730 Homecomingat theResort 9350THERESORT PARKWAY, RANCHOCUCAMONGA, CA 91730 Homecomingat the Resort 9350THERESORTPARKWAY, RANCHO CUCAMONGA, CA91730 Homecomingat theResort 9350THERESORT PARKWAY,RANCHOCUCAMONGA, CA 91730 Homecomingat the Resort 9350THERESORTPARKWAY, RANCHO CUCAMONGA, CA91730 Homecomingat theResort 9350THERESORT PARKWAY,RANCHOCUCAMONGA, CA 91730 Homecomingat the Resort 9350THERESORTPARKWAY, RANCHO CUCAMONGA, CA91730 Homecomingat theResort 9350THERESORT PARKWAY,RANCHO CUCAMONGA, CA 91730 Homecomingat the Resort 9350THERESORTPARKWAY, RANCHO CUCAMONGA, CA91730 Homecomingat theResort 9350THERESORT PARKWAY,RANCHO CUCAMONGA, CA 91730 Homecomingat the Resort 9350THERESORTPARKWAY, RANCHOCUCAMONGA, CA91730 Homecomingat theResort 9350THERESORT PARKWAY,RANCHO CUCAMONGA, CA 91730 Homecomingat the Resort 9350THERESORTPARKWAY, RANCHOCUCAMONGA, CA91730 Homecomingat the Resort 9350THERESORT PARKWAY,RANCHO CUCAMONGA, CA 91730 Homecomingat theResort 9350THERESORTPARKWAY, RANCHOCUCAMONGA, CA 91730 Homecomingat the Resort 9350THERESORT PARKWAY,RANCHO CUCAMONGA, CA91730 Homecomingat theResort 9350THERESORTPARKWAY, RANCHOCUCAMONGA, CA 91730 Homecomingat the Resort 9350THERESORT PARKWAY,RANCHO CUCAMONGA, CA91730 Homecomingat theResort 9350THERESORT PARKWAY, RANCHOCUCAMONGA, CA 91730 Homecomingat the Resort 9350THERESORTPARKWAY,RANCHO CUCAMONGA, CA91730 Homecomingat theResort 7878EASTAVE, 110019104-0000 CUCARMAONCNHGOA, CA Westbury Apartment NONE NONE NONE NONE NONE N N N N N 7878EASTAVE, 110019104-0000 CUCARMAONCNHGOA, CA Westbury Apartment 7878EASTAVE,110019104-0000 CUCARMAONCNHGOA, CA Westbury Apartment 7878EASTAVE,110019104-0000 CUCARMAONCNHGOA, CA Westbury Apartment 7878EASTAVE, 110019104-0000 CUCARMAONCNHGOA, CA Westbury Apartment 7410CRAWFORD Incuonmitesqlefvtealnprice(basedonCoStar applicationcomparedtoHCD ddeteesrtmiminaeteddbaskeidngon 110002151-0000 CUCPLA,MROANNGCAHO, CA NONE N 91739 10952STONE RIVERDR, RANCHO Incomelevel determinedbasedon unit sqft andestimatedasking price(basedonCoStar020166346-0000 NONE NONE NONE N N N CUCAMONGA, CA applicationcomparedtoHCD 9807CHURCHST, 107733107-0000 CUCARMAONCNHGOA, CA 8301LA SENDA Incuonmitesqlefvtealnddeteesrtmiminaeteddbaskeidngon 106115102-0000 CURCDA,MROANNGCAH,OCA price(basedonCoStarapplicationcomparedtoHCD91701 8304VINEYARD020721122-0000 CUAV CA E M ,ROANNGCAHOCA NONE NONE NONE NONE N N N N , 13250FOOTHILL 110020108-0000 110020108-0000 110020108-0000 C BULCVADM,ORNAN GA C,HO CA La6M6irAapgaertomneRnotsute La6M6irAapgaertomneRnotsute La6M6irAapgaertomneRnotsute 13250FOOTHILL C,HBULCVADM,ORNANGA OCAC 13250FOOTHILL CLUVC RMAONNCGHA OBD A , 13305SILVER022519109-0000 SCKUYCARMD,ORNAGNAC, HCOA EtiwandaClassics II NONE NONE N N 91739 13325SILVER022519109-0000 SCKUYCARMD, O RNAGNAC, HCOA EtiwandaClassics II 91739 13198OWENSCT, 022784203-0000 CUCARMANOCNHGOA, CA91739 Incuonmitesqlefvtealnprice(basedonCoStar applicationcomparedtoHCD ddeteesrtmiminaeteddbaskeidngon NONE NONE N N 1026326THST, 020910309-0000 CUCARMAONCNHGOA, CA Page 297 9251EIGERWAY, 020816239-0000 CUCARMAONCNHGOA, CA NONE NONE NONE N N N 8439CAMINO NGCA020708128-0000 CUSUARM, ROAN H,OCAC 6295CELESTITE106233220-0000 CUAVE,ROANNGCAHOCA CAM , 8628HILLSIDERD, 106124109-0000 CUCARMANOCNHGOA, CA91701 Incuonmitesqlefvtealnprice(basedonCoStar applicationcomparedtoHCD ddeteesrtmiminaeteddbaskeidngon NONE NONE NONE N N N 6789MONTEREY107641142-0000 CUCPLA,MROANNGCAHO, CA 13044VICTORIA Incuonmitesqlefvtealnd d eteesrtmimineteddbaskeidngona022725308-0000 CUSCTA,MROANNGCAHO, CA 0 price(basedonCoStar applicationcomparedtoHCD91739 9556DEERBROOK Incuonmitesqlefvtealn price(basedonCoStarapplicationcomparedtoHCD d d eteesrtmimin a eteddbaskeidngon 020932158-0000 CUSCTA,MROANNGCAHO, CA NONE NONE N N 91730 6349SHOW HORSEWAY,RANCHO022541108-0000 CUCAMONGA, CA 7728SPINELAVE,Incuonmitesqlefvtealnprice(basedonCoStarapplicationcomparedtoHCD ddeteesrtmiminaeteddbaskeidngon 020850203-0000 CUCARMAONCNHGOA, CA NONE NONE NONE NONE NONE NONE NONE N N N N N N N 91730 5193SAPPHIRE 106116110-0000 CUSCTA,MROANNGCAHO, CA 11115MUIRFIELD Incuonmitesqlefvtealnd d eteesrtmimineteddbaskeidngona107767136-0000 CUDCRA,MROANNGCAH,OCA price(basedonCoStar applicationcomparedtoHCD91730 8228PLACIDA CT, 020716136-0000 CUCARMANOCNHGOA, CA 4984 GOLDENRIDGEPL,RANCHOCUCAMONGA, CA Incomelevel determinedbasedon unit sqft andestimatedaskingprice(basedonCoStar108719103-0000 applicationcomparedtoHCD 5715AMETHYST 106208147-0000 CUAVCAEM,ROANNGCAHOCA, 6599MULBERRY Incuonmitesqlefvtealnddeteesrtmimineteddbaskeidngona022801136-0000 CUSCTA,MROANNGCAHO, CA price(basedonCoStarapplicationcomparedtoHCD91739 6110SKYCREST 022517104-0000 CUCCTA,MROANNGCAHO, CA NONE NONE NONE NONE NONE N N N N N 6126SKYCREST022517104-0000 CUCCTA,MROANNGCAHO, CA 7680CARTILLAROANNGCAH107726119-0000 CUAVCAEM,OCA, 8118ORCHARD 106171111-0000 CUSCTA,MROANNGCAHO, CA 12937SHASTA022539127-0000 CUDCRA,MROAN NG C A H,OCA 6229LAURELBLOSSOMPL,RANCHO Incomelevel determinedbasedonunit sqft andestimatedaskingprice(basedonCoStar022560102-0000 NONE NONE N N CUCAMONGA, CA applicationcomparedtoHCD 11339NAPOLIDR, 108925227-0000 CUCARMANOCNHGOA, CA91701 Incuonmitesqlefvtealnddeteesrtmiminaeteddbaskeidngon price(basedonCoStar applicationcomparedtoHCD 10168WATERFORDLN,RANCHO CUCAMONGA, CA Incomelevel determinedbasedonunit sqft andestimatedaskingprice(basedonCoStar107426116-0000 NONE NONE NONE N N N applicationcomparedtoHCD 8783RAMONA020907107-0000 CUAV CA E M ,ROANNGCAHOCA , 11063DEER CANYONDR, RANCHO CUCAMONGA, CA 107449124-0000 9759MANZANITA Incuonmitesqlefvtealn price(basedonCoStarapplicationcomparedtoHCD d d eteesrtmimin a eteddbaskeidngon 020114210-0000 CUDCRA,MROANNGCAH,OCA NONE N 91737 8732VINMAR Incuonmitesqlefvtealnprice(basedonCoStar applicationcomparedtoHCD ddeteesrtmiminaeteddbaskeidngon 020724225-0000 CUAV CA E M ,ROANNGCAHOCA NONE NONE NONE N N N , 91730 8865RANCHOST,106166111-0000 CUCARMANOCNHGOA, CA 12802NORTHRIM 108728111-0000 CWUCAAYM,ORNAGNACH, COA 91739 12770BRIDGEWATERDR,RANCHO Incomelevel determinedbasedonunit sqft andestimatedaskingprice(basedonCoStar022561124-0000 NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE N N N N N N N N N N N N N N N N CUCAMONGA, CA applicationcomparedtoHCD 13375SILVER 022519109-0000 SCKUYCARMD,ORNAGNAC, HCOA EtiwandaClassics II 91739 13388SILVER022519109-0000 SCKUYCARMD,ORNAGNAC, HCOA EtiwandaClassics II 91739 13439SILVER022519109-0000 SCKUYCARMD, O RNAGNAC, HCOA EtiwandaClassics II 91739 13318SILVER 022519109-0000 SCKUYCARMD, O RNAGNAC, HCOA EtiwandaClassics II 91739 13365SILVER022519109-0000 SCKUYCARMD,ORNAGNAC, HCOA EtiwandaClassics II 91739 13395SILVER022519109-0000 SCKUYCARMD, O RNAGNAC, HCOA EtiwandaClassics II 91739 13368SILVER022519109-0000 SCKUYCARMD, O RNAGNAC, HCOA EtiwandaClassics II 91739 13358SILVER 022519109-0000 SCKUYCARMD, O RNAGNAC, HCOA EtiwandaClassics II 91739 13405SILVER 022519109-0000 SCKUYCARMD,ORNAGNAC, HCOA EtiwandaClassics II 91739 13425SILVER 022519109-0000 SCKUYCARMD, O RNAGNAC, HCOA EtiwandaClassics II 91739 13438SILVER 022519109-0000 SCKUYCARMD,ORNAGNAC, HCOA EtiwandaClassics II 91739 13428SILVER 022519109-0000 SCKUYCARMD,ORNAGNAC, HCOA EtiwandaClassics II 91739 13408SILVER022519109-0000 SCKUYCARMD,ORNAGNAC, HCOA EtiwandaClassics II 91739 13345SILVER 022519109-0000 SCKUYCARMD, O RNAGNAC, HCOA EtiwandaClassics II 91739 13338SILVER 022519109-0000 SCKUYCARMD,ORNAGNAC, HCOA EtiwandaClassics II 91739 Page 298 8840CHURCHST,Incuonmitesqlefvtealn price(basedonCoStarapplicationcomparedtoHCD d d eteesrtmimin a eteddbaskeidngon 020742106-0000 CUCARMAONCNHGOA, CA NONE NONE NONE NONE NONE NONE NONE N N N N N N N 91730 7438HELLMAN 020817206-0000 CUAV CA E M ,ROANNGCAHOCA , 8249REDHILL COUNTRY CLUBDR, RANCHO020712324-0000 022931116-0000 CUCAMONGA, CA 12915FOOTHILL C,HBULCVADM,ORNAN GA O CA AltaCuveeC 7885LIONST,Incuonmitesqlefvtealnd d eteesrtmimineteddbaskeidngona020846206-0000 CUCARMAONCNHGOA, CA price(basedonCoStarapplicationcomparedtoHCD91730 12975FOOTHILL 022931116-0000 020712324-0000 CBULCVADM,ORNANGAC,HOCA AltaCuvee 8245REDHILLCOUNTRY CLUB DR, RANCHOCUCAMONGA, CA 8247REDHILL COUNTRY CLUB DR, RANCHO Incomelevel determinedbasedon unit sqft andestimatedasking price(basedonCoStar020712324-0000 NONE NONE NONE N N N CUCAMONGA, CA applicationcomparedtoHCD 6730BERYLST,020246164-0000 CUCARMAONCNHGOA, CA 7869ALTA Incuonmitesqlefvtealnddeteesrtmiminaeteddbaskeidngon 020708107-0000 CCUUECSATMA,ONRGAANC, CHAO price(basedonCoStar applicationcomparedtoHCD91730 5291CARNELIAN Incuonmitesqlefvtealnprice(basedonCoStar applicationcomparedtoHCD ddeteesrtmiminaeteddbaskeidngon 106127115-0000 CUSCTA,MROANNGCAHO, CA NONE N 91701 9390 Incomelevel determinedbasedonunit sqft andestimatedasking price(basedonCoStar ALDERWOODDR, RANCHOCUCAMONGA, CA021056115-0000 NONE NONE NONE NONE NONE N N N N N applicationcomparedtoHCD 6659ETIWANDA 022705110-0000 CUAV CA E, M ROANNGCAHOCA , 5033EARLCT, MAONCNHGOA, CA Incuonmitesqlefvtealnd d eteesrtmimin a eteddbaskeidngon 106179107-0000 CUCAR price(basedonCoStarapplicationcomparedtoHCD91701 9276GARDENST,MAONCNHGOA, CA020134166-0000 CUCAR 6536 Incomelevel determinedbasedon unit sqft andestimatedaskingprice(basedonCoStarAQUAMARINE AVE, RANCHO CUCAMONGA, CA 020189112-0000 applicationcomparedtoHCD 13044ARAPAHO022535127-0000 CURCDA,MROAN NG C A H,OCA NONE NONE N N 8021ROSEBUD 104315108-0000 CUSCTA,MROANNGCAHO, CA 9129BASELINE Incuonmitesqlefvtealn price(basedonCoStar applicationcomparedtoHCD d d eteesrtmimin a eteddbaskeidngon 020801119-0000 CURCDA,MROAN NG C A H,OCA NONE NONE N N 91730 13078MALVASIA Incuonmitesqlefvtealnddeteesrtmimineteddbaskeidngona110004113-0000 CWUCA A Y M ,ORNAGNACH, CO price(basedonCoStarapplicationcomparedtoHCDA91739 4966 GOLDENRIDGEPL, RANCHOCUCAMONGA, CA108719101-0000 NONE NONE NONE NONE NONE N N N N N 5770SYCAMORE 020118234-0000 CUCCTA,MROANNGCAHO, CA 7249FORENZA Incuonmitesqlefvtealnddeteesrtmiminaeteddbaskeidngon 108937248-0000 CUCPLA,MROANNGCAHO, CA price(basedonCoStarapplicationcomparedtoHCD91701 6057CAROLAVE, 106232138-0000 CUCARMAONCNHGOA, CA 8803SIERRAMADREAVE,RANCHO020724411-0000 022773106-0000 106128113-0000 CUCAMONGA, CA 13512GREENSTONEDR, RANCHO CUCAMONGA, CA NONE N 5131MOONSTONE AVE, RANCHOCUCAMONGA, CA NONE NONE NONE N N N 5557ORIONPL,022620243-0000 CUCARMAONCNHGOA, CA 9360LEDIGDR,Incuonmitesqlefvtealnddeteesrtmiminaeteddbaskeidngon 020234221-0000 CUCARMAONCNHGOA, CA price(basedonCoStar applicationcomparedtoHCD91701 82479THST,Incuonmitesqlefvtealnprice(basedonCoStar applicationcomparedtoHCD ddeteesrtmiminaeteddbaskeidngon 020724309-0000 CUCARMAONCNHGOA, CA NONE N 91730 9321LANGSTON Incuonmitesqlefvtealnprice(basedonCoStar applicationcomparedtoHCD ddeteesrtmimin a eteddbaskeidngon 020849116-0000 CUSCTA,MROANNGCAHO, CA NONE NONE NONE N N N 91730 8688LA SENDA 106122102-0000 CUCCTA,MROANNGCAHO, CA 13524 GREENSTONEDR, RANCHOCUCAMONGA, CA022773107-0000 8183GROVE Incuonmitesqlefvtealnprice(basedonCoStarapplicationcomparedtoHCD ddeteesrtmiminaeteddbaskeidngon 020711112-0000 CUAVCAEM,ROANNGCAHOCA NONE NONE N N , 91730 5773SYCAMORE Incuonmitesqlefvtealnddeteesrtmimineteddbaskeidngona020123304-0000 CUCCTA,MROANNGCAHO, CA price(basedonCoStar applicationcomparedtoHCD91737 5888FLINTRIDGE 020117413-0000 CUCCTA,MROANNGCAHO, CA NONE NONE NONE N N N 91737 5777CAMEOST,MAONCNHGOA, CA106202103-0000 CUCAR 7915HILLSIDERD, 106174106-0000 CUCARMANOCNHGOA, CA91701 Incuonmitesqlefvtealnddeteesrtmiminaeteddbaskeidngon price(basedonCoStar applicationcomparedtoHCD 8735CALAVERAS AVE, RANCHOCUCAMONGA, CA Incomelevel determinedbasedonunit sqft andestimatedasking price(basedonCoStar020724207-0000 NONE NONE NONE NONE N N N N 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11326DOWNING Incuonmitesqlefvtealn price(basedonCoStarapplicationcomparedtoHCD d d eteesrtmimin a eteddbaskeidngon 109006107-0000 CUCCTA,MROANNGCAHO, CA NONE NONE NONE NONE N N N N 91730 11066DELAWARE Incuonmitesqlefvtealnd d eteesrtmimineteddbaskeidngona107655118-0000 CUSCTA,MROANNGCAHO, CA price(basedonCoStar applicationcomparedtoHCD91701 6150RIVERBIRCH Incuonmitesqlefvtealnddeteesrtmimineteddbaskeidngona022577114-0000 CUPCLA,MROANNGCHAO, CA price(basedonCoStar applicationcomparedtoHCD91739 10667ORANGE BLOSSOMDR,RANCHO Incomelevel determinedbasedon unit sqft andestimatedaskingprice(basedonCoStar107710112-0000 106151123-0000 CUCAMONGA, CA applicationcomparedtoHCD 5308TOLSTOYRANCHRD,RANCHO NONE NONE NONE N N N CUCAMONGA, CA 9711CARRARI107403120-0000 CUSCTA,MROANNGCAHO, CA 13284CATALPA Incuonmitesqlefvtealnd d eteesrtmimineteddbaskeidngona022724310-0000 CUSCTA,MROANNGCAHO, CA price(basedonCoStar applicationcomparedtoHCD91739 6203GRANBY Incuonmitesqlefvtealn price(basedonCoStarapplicationcomparedtoHCD d d eteesrtmimin a eteddbaskeidngon 020169116-0000 CUAVCAEM,ROANNGCAHOCA NONE N, 91737 10663ORANGEBLOSSO DR, RANCHO Incomelevel determinedbasedonunit sqft andestimatedasking price(basedonCoStar107710112-0000 M CUCAMONGA, CA NONE NONE NONE N N N applicationcomparedtoHCD 8777GROVE020724128-0000 CUAVCAEM,ROANNGCAHOCA , 6984 Incomelevel determinedbasedon unit sqft andestimatedaskingprice(basedonCoStarGOLDENRAINWAY, RANCHO CUCAMONGA, CA 108955165-0000 applicationcomparedtoHCD 12010HEMLOCK Incuonmitesqlefvtealnprice(basedonCoStarapplicationcomparedtoHCD ddeteesrtmiminaeteddbaskeidngon 109029152-0000 CUSCTA,MROANNGCAHO, CA 0 NONE NONE NONE N N N 91739 13649JORDAN022773212-0000 CUCCTA,MROANNGCAHO, CA 6040INDIGOAVE,Incuonmitesqlefvtealnd d eteesrtmimineteddbaskeidngona104315127-0000 CUCARMAONCNHGOA, CA price(basedonCoStar applicationcomparedtoHCD91701 9632SAN BERNARDINORD, RANCHO Incomelevel determinedbasedon unit sqft andestimatedasking price(basedonCoStar020813114-0000 NONE NONE NONE NONE N N N N CUCAMONGA, CA applicationcomparedtoHCD 10345HAMILTON Incuonmitesqlefvtealnd d eteesrtmimin a eteddbaskeidngon 107615160-0000 CUSCTA,MROANNGCAHO, CA price(basedonCoStar applicationcomparedtoHCD91701 7550PASITO Incuonmitesqlefvtealnd d eteesrtmimin a eteddbaskeidngon 107731119-0000 ACVUCE,ARMAONNCGHAO price(basedonCoStar applicationcomparedtoHCD91730 8307GROVE Incuonmitesqlefvtealnddeteesrtmiminaeteddbaskeidngon 020714142-0000 CUAVCAEM,ROANNGCAHOCA 0 price(basedonCoStar applicationcomparedtoHCD, 91730 6477JASPERST,Incuonmitesqlefvtealnprice(basedonCoStar applicationcomparedtoHCD ddeteesrtmiminaeteddbaskeidngon 106262167-0000 CUCARMAONCNHGOA, CA NONE NONE NONE N N N 91701 8024ROSEBUD104314412-0000 CUSCTA,MROANNGCAHO, CA 13684 Incomelevel determinedbasedonunit sqft andestimatedaskingprice(basedonCoStarSMOKESTONEST,RANCHO CUCAMONGA, CA 022774214-0000 applicationcomparedtoHCD 7529PASITO107731112-0000 CUAV CA E M ,ROANNGCAHOCA NONE NONE NONE NONE NONE NONE NONE NONE NONE N N N N N N N N N , 6192SKYCREST022517104-0000 CUCCTA,MROANNGCAHO, CA Skycrest Estates Skycrest Estates Skycrest Estates Skycrest Estates Skycrest Estates Skycrest Estates Skycrest Estates 6115SKYCREST 022517104-0000 CUCCTA,MROANNGCAHO, CA 6142SKYCREST 022517104-0000 CUCCTA,MROANNGCAHO, CA 6158SKYCREST022517104-0000 CUCCTA,MROANNGCAHO, CA 6176SKYCREST 022517104-0000 CUCCTA,MROANNGCAHO, CA 6145SKYCREST 022517104-0000 CUCCTA,MROANNGCAHO, CA 6131SKYCREST022517104-0000 CUCCTA,MROANNGCAHO, CA 6217PERIDOTV CA 106249102-0000 CUA E,ROANNGCAHOCA M , 9130CHURCHST,Incuonmitesqlefvtealn price(basedonCoStar applicationcomparedtoHCD d d eteesrtmimin a eteddbaskeidngon 020871204-0000 CUCARMAONCNHGOA, CA NONE NONE NONE NONE NONE NONE N N N N N N 91730 8835HILLSIDERD,106166135-0000 CUCARMANOCNHGOA, CA 91701 Incuonmitesqlefvtealnd d eteesrtmimineteddbaskeidngona price(basedonCoStarapplicationcomparedtoHCD 6396KLUSMAN Incuonmitesqlefvtealnd d eteesrtmimineteddbaskeidngona106256111-0000 CUAV CA E M ,ROANNGCAHOCA price(basedonCoStar applicationcomparedtoHCD, 91737 10711FINCHAVE, 107638119-0000 CUCARMANOCNHGOA, CA 91737 Incuonmitesqlefvtealnddeteesrtmimineteddbaskeidngona price(basedonCoStar applicationcomparedtoHCD 8225REDHILL COUNTRY CLUBDR, RANCHO CUCAMONGA, CA Incomelevel determinedbasedon unit sqft andestimatedaskingprice(basedonCoStar020711216-0000 applicationcomparedtoHCD 8469AVALONCT,Incuonmitesqlefvtealnd d eteesrtmimineteddbaskeidngona020225122-0000 CUCARMAONCNHGOA, CA price(basedonCoStarapplicationcomparedtoHCD91701 7020PIZZOLIPL,Incuonmitesqlefvtealnprice(basedonCoStar applicationcomparedtoHCD ddeteesrtmiminaeteddbaskeidngon 108931256-0000 CUCARMAONCNHGOA, CA 0 NONE NONE NONE N N N 91701 5981LAYTONST, 106223229-0000 CUCARMAONCNHGOA, CA 9169ALTA LOMA Incuonmitesqlefvtealnd d eteesrtmimineteddbaskeidngona106259105-0000 CUDCRA,MROANNGCAH,OCA price(basedonCoStar applicationcomparedtoHCD91701 9763CANDLEWOODST, RANCHO CUCAMONGA, CA 107732118-0000 020905207-0000 107732118-0000 NONE NONE NONE N N N 9830FERON C,H Incuonmitesqlefvtealnddeteesrtmiminaeteddbaskeidngon BULCVADM,ORNANGA OCA price(basedonCoStar applicationcomparedtoHCDC 91730 9763 Incomelevel determinedbasedonunit sqft andestimatedaskingprice(basedonCoStarCANDLEWOOD ST, RANCHOCUCAMONGA, CA applicationcomparedtoHCD 5815EtiwandaAve., Rancho110016101-0000 022519139-0000 Foothill Landing NONE NONE N N 13361BanyanSt., Rancho New customhome Page 300 7450Scott Lane,Rancho107707111-0000 106240169-0000 New customhome New SFR NONE NONE NONE NONE NONE N N N N N 6A1v5e5.,KRluasnmchaon 5647Archibald Ave., Rancho107418102-0000 107418102-0000 107456116-0000 ArchibaldTw ArchibaldTw o o 5647Archibald Ave., Rancho 11022RanchDrive, Rancho Ballat residence 9090Reales St., Rancho106181129-0000 ꢀ109053102-0000 022705103-0000 New SFR Alexanat VG Highland22 NONE NONE NONE N N N SECDay Creek& 6527EtiwandaAve., Rancho 8833Foothill Blvd, Rancho020721143-0000 Foothill &Vineyard NONE N Page 301 This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.Jurisdiction Rancho Cucamonga 2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element ImplementationReporting Year Planning Period (Jan. 1 - Dec. 31)Please contact HCD if your data is different than the material supplied here 6th Cycle 10/15/2021 - 10/15/2029 Table B Regional Housing Needs Allocation Progress Permitted Units Issued by Affordability 1 2 3 4 Projection Period - 06/30/2021- 10/14/2021 Total Remaining RHNA by Income Level RHNA Allocation by Income Level Total Units to Date (all years)Income Level 2021 2022 2023 2024 2025 2026 2027 2028 2029 Deed Restricted Non-Deed Restricted Deed Restricted Non-Deed Restricted Deed Restricted Non-Deed Restricted - - - - - 1 - 5 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 3,245 1,920 2,038 6 3,239Very Low Low - - - - - 3 - 23 - 19 306 26 1,894 - - - - - 7 26 2,012 1,568 Moderate Above Moderate 3,322 427 29 992 1,754 Total RHNA Total Units 10,525 427 29 1,003 353 ------1,812 8,713 Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1). 5 6 7 Extremely low-Income Total Units to Total Units Remaining202120222023202420252026202720282029NeedDate Extremely Low-Income Units*1,623 ----------1,623 *Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten. Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column. Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at apr@hcd.ca.gov. Page 302 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation Jurisdiction Rancho Cucamonga Note: "+" indicates an optional field Reporting Year Planning Period 2023 (Jan. 1 - Dec. 31)Cells in grey contain auto-calculation formulas 6th Cycle 10/15/2021 - 10/15/2029 Table C Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Project Identifier Date of Rezone 2 RHNA Shortfall by Household Income Category 3 Rezone Type 4 Sites Description 1 5 6 7 8 9 10 11 Local Jurisdiction Tracking ID+ Very Low- Income Above Moderate- Rezone Type Income Parcel Size (Acres) General Plan Designation Minimum Density Allowed Density Allowed Maximum Realistic Capacity Description of Existing UsesAPNStreet Address Project Name+Date of Rezone Low-Income Moderate-Income Zoning Vacant/Nonvacant Summary Row: Start Data Entry Below Page 303 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation Jurisdiction Reporting Year Rancho Cucamonga 2023 (Jan. 1 - Dec. 31) Table D Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 Name of Program Objective Timeframe in H.E Status of Program Implementation The City's webiste includes an Economic Development page. Through the webiste, 1) Provide information on available sites and development incentives to interested developers and property owners on City website. interested parties can get information on the city, request assistance with available sites and incentives, and find helpful resources. 2) Utilize the Land Use Element and Development Code amendments to implement the new form-based General Plan until the General Plan is adopted by the end of 2021 and the Development Code is updated. Ensure development standards for various residential and mixed use zones facilitate the development of housing at the allowable densities. Program HE-1: Inventory of Residential Sites 1) ongoing 2) 2022 The Development Code was adopted in June 2022 and was updated to reflect the goals, policies, and expectatins of the General Plan, including new Form-based requirements. In 2023, amendments were made to the Development Code in three phases to ensure the codes remain up to date with state law and in line with the vision of the General Plan. A program designed to track the unit counts and affordability, both assumed and constructed on parcels included in the HE inventory list is in progress. Staff are working with our GIS team to develop an application that tracks and aggregates this information for reporting. The tracking of these developments will help housing sites that are being developed to their allowable/assumed densities at appropriate income levels, and will also help inform the City of any change in capacity, whether surplus or deficit, in meeting the different categories of RHNA. The implementation of an in-lieu fee is currently being studied for a better understanding of applicability and effectiveness. Due to staff shortages and turnover, additional time is needed to continue working on these goals. 1) Develop a procedure to monitor the development of vacant and nonvacant sites in the sites inventory and ensure that adequate sites are available to meet the remaining RHNA by income category throughout the 6th cycle planning period. 2) Explore a system that establishes target densities by land use district and an in-lieu fee system that requires developers to pay a fee if the proposed projects fall below the targeted densities. Program HE-2: Monitoring of No Net Loss 1) 2022 2) 2023 Page 304 1) Establish incentives and tools to facilitate ADU construction. Specifically, the City will offer the following Incentives to facilitate ADU production: 1a) Fee waivers or reductions beyond State requirement; 1b) Pre-approved site/floor plans; 1c) Dedicated staff in responding inquiries and processing ADU applications; In 2023, the City published an Accessory Dwelling Unit (ADU) handbook. The ADU handbook is an easy to read guide for residents, explaining what an ADU is, types of ADUs, general requirements, steps needed to build an ADU, and helpful resources. The handbook was well received by City Council and the community. The handbook was advertised through various sources such as the City's webiste, the City's newsletter, and through social media.The production of ADUs increased in 2023 with 41 constructed and 79 permitted ADUs from 2022 with 31 constructed and 70 permitted ADUs. 1) 2023 2) 2021 3) as soon as Program HE-3: Accessory Dwelling Units (ADUs)1d) Website information on resources and technical assistance; and 1e) Guidance handbook for property owners looking to construct an ADU. administratively feasible 2) Reconcile and resubmit prior year Housing Element Annual Progress Reports with updated numbers of ADU production in the City. 3) Conduct annual outreach to homeowners via City newsletter, website, and social media to promote ADU production, with an emphasis in higher resource areas. 1) Continue to encourage the conservation of mobile home parks and discourage the conversion of mobile home parks to other uses in order to maintain a valuable source of affordable housing. 2) Continue to promote the conservation of mobile home parks through implementation of the Mobile Home Accord (Program HE-7) that serves as a rent stabilization agreement between the City and mobile home park Ongoing owners, implementation of the Mobile Home Rental Assistance (Program HE-8) that provides a monthly rental subsidy to low income mobile home households, and through the enforcement of Title 24 as it applies to mobile homes to ensure mobile homes meet applicable building code The City continues to promote the conservation of its mobile home park communities through various programs and activities. The City administers a Rental Assistance Program for mobile home park residents, by providing up to $100 towards space rent. Additionally, the City's Home Improvment Program is available to income eligible mobile home park residents to make repairs and preserve mobile home stock. Lastly, the City's Mobile Home Accord helps provide rent stabilization throughout seven of the eight mobile home parks in the City. The Mobile Home Accord expires in February of 2026, the City anticipates discussing an extension of the Accord in the Summer of 2025. Program HE-4: Mobile Home Park Conservation requirements. Provide information about the Mortage Credit Certificates (MCC) program on City website, and explore funding sources available and feasibility of reinstating the City’s homebuyer assistance programs. Program HE-5: Homebuyer Assistance Beginning in 2023 and annually thereafter The City is currently exploring the feasibility of developing affordable housing units for sale to first-time homebuyers on City owned property. 1) Promote the use of HCVs by making program information available at the public counter and community facilities. Encourage non-profit service providers to refer eligible clients to HCV program for assistance. 2) Coordinate with the Housing Authority of San Bernardino (HACSB) to prioritize vouchers to be set aside for extremely low income households. 3) Work with HACSB and Inland Fair Housing and Mediation Board (IFHMB) to continue outreach and education on SB 329 and SB 222, the State’s new source of income protection that prohibits housing discrimination against persons using public subsidies (such as HCVs) for housing payments. Program HE-6: Housing Choice Vouchers (HCVs) The City continues to promote the Housing Choice Voucher program operated by the San Bernardino County Housing Authority.Ongoing The Mobile Home Accord was updated in 2016 and will expire in February 2026. The Mobile Home Accord serves as rent stabilization agreement between the City and 7 of the 8 mobile home park owners. The Mobile Home Accord expires in February of 2026, the City anticipates discussing an extension of the Accord in the Summer of 2025. Program HE-7: Mobile Home Accord Continue to administer the Mobile Home Accord and seek renewal of the agreements in 2026.2026 Page 305 1) Continue to administer and market the program to 31 households annually. 2) Monitor the participation of all existing participants assisted through the program on a monthly basis. Program HE-8: Mobile Home Rental Assistance Program As this activity was previously RDA funded, the continued monitoring of this program will not provide new funds or allow for new applicant participation. As existing participants drop out of the program no new households will be permitted. Annually 1) Continue to keep in contact with the owners of projects with units due to convert to market rate to determine the status of projects with respect to the expiration of regulatory agreements. 2) Continue to contact the owners of all units at risk and discussed options for retaining restricted affordable units. 3) If there is an opportunity, due to the pending sale of the property, establish contact with public and non-profit agencies interested in Program HE-9: Preservation purchasing and/or managing units at risk. Where feasible, provide There are currently 265 units at-risk of conversion to market rate. All 265 units are located within four apartment complexes, with affordability covenants monitored by the Housing Authority of the County of San Bernardino (HACSB). In 2023, zero at risk units converted to market rate. 2029of At-Risk Units technical assistance to these organizations with respect to financing. 4) On a case-by-case basis as opportunities arise, enter into agreements with property owners to preserve existing affordable housing units. 5) Contact property owners to request that they notify the City and their residents when they decide to pursue conversion of their units to market rate. The property owner should ensure that tenants are properly noticed and informed of their rights and that they are eligible to receive special vouchers that would enable them to stay in their units. 1) Provide technical assistance to developers regarding City land use policy and development regulations. 2) Support the funding applications of affordable housing projects that help further goals of this Housing Element. 3) Provide fee underwriting, fee deferral, public improvements, and/or permit fast-tracking for housing affordable to lower income households, As development applications are submitted and interest with many vacant and under utilized sites continue to grow, the City will continue to offer and/or implement a number of incentives to encourage affordable housing development in Rancho Cucamonga where feasible. Some of these include continuing to offer technical assistance with all inquiries and formal applications, monitor and evaluate the application and permit process procedures to ensure residential develompent is faciltated efficiently, and where feasible, provide financial support through application assistance, and public improvements, among others. Program HE-10: Affordable prioritizing projects that include units affordable to extremely low income OngoingHousing Incentives households. 4) Continue to evaluate and improve the permit processing procedures to facilitate residential development. 5) Annually assess the permit processing procedures and update when necessary in order to continue to facilitate residential development. 6) Annually reach out to developers to identify opportunities to assist with funding or provide incentives to assist in future development. In 2020, the City initiated the formation of a Committee to consider the feasibility of establishing an Inclusionary Ordinance. Four meetings were held with the Committee to discuss the feasibility, impacts, and create a frame work of an inclusionary zoning ordinance. Staff and policy makers also participated in the Housing Policy Leadership Academy in 2022 and explored an affordable housing fee as an alternative to an inclusionary housing ordinance. Staff is evaluating both options to determine long term feasibility. Program HE-11: Inclusionary Ordinance Continue to study the feasibility of an inclusionary housing ordinance.2022-2023 Page 306 Objective was completed as of January 2022. The City approved and adopted Ordinance No. 991 establishing a housing development impact fee. This ordinance will partially fund the need for affordable housing by new commercial development. Program HE-12: Commercial Linkage Fee Initiate a linkage fee study for non-residential development.2022-2023 Program HE-13:Assist 20 households annually through the Home Improvement Program The City's Community Development Block Grant (CDBG) funded Home Improvement Program assisted 22 low and moderate-income households during FY 2022-23 to address deficient housing conditions. Potential options to facilitate affordable housing throughout the city is continuing to be explored. This may include units tied to density bonus or surplus land transactions, Homeowner Rehabilitation and continue to promote the program through various print and media Programs Annually 2023 channels as well as on the City’s website. Program HE-14: Transfer of Affordable Units Explore options for transferring affordable units. and opportunities to transfer them to other sites within the city. Provisions for special needs housing were incorporated into the Development Code1) Continue to fund a wide variety of nonprofit organizations providing services for persons with special needs, homeless, and those at risk of homelessness, through the Consolidated Plan process. 2) Provide technical assistance to developers of special needs housing regarding City land use policy and development regulations. 3) Reach out to developers of housing for special needs to assist them in the development process. as part of the comprehensive update in June 2022. This included the addition of low barrier navigation centers, emergency and transitional housing, and supportive housing in the areas zoned for mixed-use or multifamily zones. Additionally, large residential care facilities, which previously required approval of a conditional permit, no longer need a conditional use permit to operate in areas zoned for mixed use or multifamily development. There are many components and associated goals to this program, which will continue to be reviewed and addressed by the city throughout the 1) Ongoing 2) Ongoing 3) Annually 4) 2022 Program HE-15: Housing for Persons with Special Needs 4) Update the Development Code to address the provision of special needs housing.6th cycle. Goal was met with the new density bonus provisions that were incorporated into the Program HE-16: Density Bonus Update the Development Code to incorporate the new density bonus provisions. comprehensive Development Code update adopted in June 2022. These provisions, coupled with objective design standards, help address affordable housing needs while streamlining housing applications. 2022 1) Develop and make available objective design standards for multi-family and mixed-use residential development projects. 2) Conduct a review of the effectiveness of the City’s objective design Objective 1 was completed. Objective Design Standards were incorporated in the Development Code as part of the comprehensive update in June 2022. The intent of the objective standards is to streamline the development of housing.Program HE-17: Objective standards in reducing project review/approval times and in 1) 2022 Design Standards accommodating the maximum allowable density in each zone. If the results of the review indicate that the objective design standards are not achieving their intended goal of streamlining housing production, revise the standards within one year (by the end of 2026). 2) 2025-2026 As part of Objective 2, staff continue to review objective design standards and evaluate areas where adjustments can be made to provide clarity. 1) Continue to contract with local fair housing providers to provide educational, advocacy, and mediation services for the City and assist 400 residents annually. 2) Continue to provide fair housing and landlord/tenant counseling resources on the City website and make fair housing and landlord/tenant counseling brochures available at public counters and community facilities. 3) Facilitate educational opportunities with IFHMB for property owners, property managers, and residents in Rancho Cucamonga to provide information concerning the law as it pertains to reasonable accommodations and reasonable modifications for persons with disabilities. For the 2022-2023 Program Year, the City contracted with the Inland Fair Housing and Mediation Board (IFHMB) to provide fair housing education and general housing services to city residents in an effort to prevent incidences of housing discrimination. During this program year IFHMB provided 427 Rancho Cucamonga residents with fair housing, and landlord tenant mediation services. 1) Annually 2) Ongoing 3) As needed Program HE-18: Fair Housing Page 307 ANNUAL ELEMENT PROGRESS REPORTJurisdictionCucamonga Note: "+" indicates an optional field Cells in grey contain auto-calculation formulasHousing Element ImplementationReporting Period Planning Period 2023 (Jan. 1 - Dec. 31) 6th Cycle 10/15/2021 - 10/15/2029 (CCR Title 25 §6202) Table E Commercial Development Bonus Approved pursuant to GC Section 65915.7 Description of Commercial Development Bonus Commercial Development Bonus Date ApprovedProject Identifier Units Constructed as Part of Agreement 21 3 4 Local Jurisdiction Tracking ID+ Very Low Income Low Income Moderate Income Above Moderate Income Description of Commercial Development Bonus Commercial Development Bonus Date ApprovedAPNStreet Address Project Name+ Summary Row: Start Data Entry Below Annual Progress Report January 2020 Page 308 Jurisdiction Cucamonga ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation Note: "+" indicates an optional field Reporting Period Planning Period 2023 (Jan. 1 - Dec. 31)Cells in grey contain auto-calculation formulas 6th Cycle 10/15/2021 - 10/15/2029 Table F Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F. Units that Count Towards RHNA +The description should adequately document how Note - Because the statutory requirements severely limit what can be each unit complies with subsection (c) of Government counted, please contact HCD at apr@hcd.ca.gov and we will unlock the Code Section 65583.1+.Units that Do Not Count Towards RHNA+ Listed for Informational Purposes Only form which enable you to populate these fields.For detailed reporting requirements, see the chcklist here:Activity Type https://www.hcd.ca.gov/community‐ development/docs/adequate‐sites‐checklist.pdf Extremely Low- Income+ Extremely Low- Income+ Very Low- Income+Very Low-Income+Low-Income+TOTAL UNITS+Low-Income+ TOTAL UNITS+ Rehabilitation Activity Preservation of Units At-Risk Acquisition of Units Mobilehome Park Preservation Total Units by Income Annual Progress Report January 2020 Page 309 Rancho Cucamonga Note: "+" indicates an optional fieldJurisdictionANNUAL ELEMENT PROGRESS REPORT Housing Element ImplementationReporting Period Planning Period 2023 (Jan. 1 - Dec. 31)Cells in grey contain auto-calculation formulas 6th Cycle 10/15/2021 - 10/15/2029 Table F2 Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b). Units credited toward Moderate NotesProject Identifier 1 Unit Types Affordability by Household Incomes After Conversion 4 Income RHNA 523 6 Tenure Very Low- Income Non Low- Income DeedLocal Jurisdiction Tracking ID Very Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Non Deed Moderate- Restricted Income Above Total Moderate Income Units Converted from Above Moderate Unit Category (2 to 4,5+) Moderate- Income Deed Restricted Date Converted NotesPrior APN+Current APN Street Address Project Name+R=Renter Deed Restricted Restricted Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0 Page 310 NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise Jurisdiction Cucamonga Note: "+" indicates an optional field Cells in grey contain auto-calculation formulasReporting Period Planning Period 2023 (Jan. 1 - Dec. 31) disposed of during the reporting year. 6th Cycle ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation 10/15/2021 - 10/15/2029 Table G Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier 1 2 3 4 Realistic Capacity Identified in the Housing Element Local Jurisdiction Tracking ID+ Entity to whom the site transferredAPNStreet Address Project Name+Intended Use for Site Summary Row: Start Data Entry Below Page 311 Jurisdiction Rancho Cucamonga 2023 Note: "+" indicates an optional field (Jan. 1 - Dec. surplus/excess lands the reporting jurisdiction owns Cells in grey contain auto-calculation NOTE: This table must contain an invenory of ALL Reporting Period 31)formulas ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation For San Bernardino County jurisdictions, please format the APN's as follows:9999-999-99-9999 Table H Locally Owned Surplus Sites Parcel Identifier 2 Designation 5 Size 6 Notes 7134 Number of Units Surplus Designation Parcel Size (in acres)APN Street Address/Intersection Existing Use Notes Summary Row: Start Data Entry Below 0227-121-56-0000 0208-331-47-0000 0208-331-40-0000 0208-131-83-0000 0208-151-07-0000 0208-151-17-0000 0209-272-27-0000 7089 Etiwanda Ave., Rancho Cucamonga Vacant Vacant Vacant Vacant Vacant Vacant Other 0 0 0 0 0 0 0 Surplus Land Surplus Land Surplus Land Surplus Land Surplus Land Surplus Land Surplus Land 0.684 3.84 3.06 0.47 0.81 0.56 1.85 NWC of Haven Ave. and Civic Center Dr. NWC of Haven Ave. and Civic Center Dr. 9612 San Bernardino Rd. 9547 San Bernardino Rd. 9561 San Bernardino Rd. Milliken Ave. and Azusa Court Parking lot Page 312 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation Jurisdiction Cucamonga Note: "+" indicates an optional fieldNOTE: STUDENT HOUSING WITH DENSITY BONUS ONLY. This table only needs to be completed if there were student housing projects WITH a density bonus approved pursuant to Government Code65915(b)(1)(F) Reporting Period Planning Period 2023 (Jan. 1 - Dec. 31) 10/15/2021 - 10/15/2029 Cells in grey contain auto-calculation formulas 6th Cycle Table J Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Units (Beds/Student Capacity) Granted Density Bonus Project Identifier Project Type Date Units (Beds/Student Capacity) Approved Notes 1 2 3 4 5 6 Very Low- Income Non Deed Low- Income Non Deed Restricted Moderate- Income Non Deed Above Moderate- Income Total Additional Beds Created Due to Density Bonus Local Jurisdiction Tracking ID+ Unit Category (SH - Student Housing) Very Low- Income Deed Restricted Low- Income Deed Restricted Moderate- Income Deed RestrictedAPNStreet Address Project Name+Date Notes Restricted Restricted Summary Row: Start Data Entry Below Annual Progress Report January 2020 Page 313 ANNUAL ELEMENT PROGRESS REPORTJurisdictionRancho Cucamonga Reporting Period Planning Period 2023 (Jan. 1 - Dec. 31) 6th Cycle 10/15/2021 - 10/15/2029 Table K Tenent Preference Policy Local governments are required to inform HCD about any local tenant preference ordinance the local government maintains when the jurisdiction submits their annual progress report on housing approvals and production, per Government Code 7061 (SB 649, 2022, Cortese). Effective January 1, 2023, local governments adopting a tenant preference are required to create a webpage on their internet website containing authorizing local ordinance and supporting materials, no more than 90 days after the ordinance becomes operational. Does the Jurisdiction have a local tenant preference policy?No If the jurisdiction has a local tenant preference policy, provide a link to the jurisdiction's webpage on their internet website containing authorizing local ordinance and supporting materials. Notes Page 314 Jurisdiction Rancho Cucamonga 2023Reporting Year (Jan. 1 - Dec. 31) ANNUAL ELEMENT PROGRESS REPORT Local Early Action Planning (LEAP) Reporting (CCR Title 25 §6202) Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 o 50515.03, as applicable. Total Award Amount $‐Total award amount is auto‐populated based on amounts entered in rows 15‐26. $ Cumulative Reimbursement Requested Other FundingTask$ Amount Awarded Task Status Notes Summary of entitlements, building permits, and certificates of occupancy (auto‐populated from Table A2) Completed Entitlement Issued by Affordability Summary Income Level Current Year Deed Restricted 0 0Very Low Low Non-Deed Restricted Deed Restricted 0 Non-Deed Restricted Deed Restricted 0 0ModerateNon-Deed Restricted 0 Above Moderate 939 939Total Units Total Units Total Units Building Permits Issued by Affordability Summary Income Level Current Year Deed Restricted 0 5Very Low Non-Deed Restricted Deed Restricted 0LowNon-Deed Restricted Deed Restricted 23 0ModerateNon-Deed Restricted 19 306 353 Above Moderate Certificate of Occupancy Issued by Affordability Summary Income Level Current Year Deed Restricted 0 2Very Low Low Non-Deed Restricted Deed Restricted 0 Non-Deed Restricted Deed Restricted 9 0ModerateNon-Deed Restricted 16 621 648 Above Moderate Page 315 March 20, 2024 General Plan & Housing Element Annual Progress Report 2023 What is an Annual Progress Report? General Plan and Housing Element Annual Progress Report (APR) • CA Government Code Section 65400 requires that cities and counties prepare an APR to report on the status and progress on the implementation of the General Plan and separately, of the Housing Element. •APRs must be submitted to the Office of Planning and Research (OPR) and the California Department of Housing & Community Development (HCD). •Deadline to submit is April 1st of each year. Differences in Format General Plan APR • Summarizes key efforts made on the progress of the implementation of the General Plan. •OPR does not have a standardized format which allows for maximum flexibility. •As a result, the APR is prepared in an easy- to-read format. •The community can view the APR on the City of RC website. Housing Elem ent APR •Contains data on housing development activity and status on the Housing Element Programs. •HCD has specific requirements for completing the APR. •HCD provides excel template. •All required data must be filled in prior to submission. Im plem entation Highlights Economic Development Strategy Epicenter Master Plan Accessory Dwelling Unit Handbook Advanced Traffic Management System Im plem entation Highlights Connect RC Local Roadway Safety Plan (LRSP) Central Park Dog Park Victoria Gardens Cultural Center Courtyard Redesign Im plem entation Highlights Industrial Development Hillwood Industrial Development Two industrial warehouse buildings 655,878 sq ft total Patriot Partners Whittram Warehouse/distribution building 86,194 sq ft total Milliken and Jersey Fourth and Hermosa Two warehouse/distribution buildings 86,656 sq ft total Newcastle Sixth Street Two warehouse buildings 68,387 sq ft total Newcastle Sixth Street Milliken and Jersey Warehouse building 159,580 sq ft total Fourth and HermosaPatriot Partners WhittramHillwood Housing Goals Progress RHNA Housing Goal •10,525 units over an 8-year period or •1,316 units per year 2023 Number of Entitlements •939 units entitled Housing Goals Progress By the Numbers 2023 939 Entitled Units 882 Proposed units from all applications submitted 353 Building Permits Issued 648 Constructed/ Completed Units 28 Very Low Income level from all proposed units Housing Goals Progress Residential/Mixed -Use Development Haven and Arrow 248-unit apartments and 23,750 sq ft commercial/retail space Foothill and Vineyard 158-unit apartments 745 sq ft commercial space Foothill Landing 360 residential units 3,100/4,200 sq ft commercial/lease space Alta Cuvee 260 units 3,339 sq ft commercial Foothill Landing Alta Cuvee Foothill and Vineyard Haven and Arrow Next Steps 3/20/24 - City Council to receive and file 4/1/24 (or earlier) – Submit General Plan and Housing Element APRs to OPR and HCD 4/1/24 (or earlier) – Share the General Plan APR with the community THANK YOU